HomeMy WebLinkAbout1996-01-16 AgendaIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL I~/IEETING OF JANUARY 16, 1996
7:30 P.N1.
COUNCIL CHAiVIBERS, CIVIC CENTER
410 EAST WASHINGTON
Subject to change as finalized by the City Clerk. For e final official copy, contact the City
Clerk's Office, 356-5040.
AGENDA /~
IOWA CiTY CITY COUNCIL ~
REGULA. COUNCil MEETING- JANUARY 16, 1996
ITE~ NO. 2 - SPECIAL PRESENTATIONS. ~
a. Presentation to the City Council 9f the P~rsons Technology Iowa City
Hospice Road Races Award. ~ ~
ITE~ NO. 3 - ~AYOR'8 PROCLAMATIONS. /
7:30 P.M.
COUNCIL CHAMBERS
CALL TO ORDER.
ROLL CALL.
ITEIVI NO. 4-
a. Black History Month - February 1996. .
b, Blood Donor Month- January 1996. ~[~,~
c. Community Fitness Awareness Week - January 14-20, 1996. L~ ~r~,
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
AMENDED,
Approval of Official Council actions of the regular meeting of December
19, 1995, and of the special meeting of January 4, 1996, as published,
subject to corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Board of Adjustment meeting of October 11, 1995.
(2)
Parks and Recreation Commission meeting of December 13,
1995.
(3) Airport Commission meeting of November 9, 1995.
(4)
Historic Preservation Commission meeting of December 12,
1995.
' (5) Planning and Zoning Commission meeting of January 4, 1996.
(6) Design Review Committee meeting of December 18, 1995.
(a)
Consider a recommendation of the Design Review Commit-
tee that the design exterior alterations to Space #100, Old
Capitol Mall, 201 S. Clinton Street, as presented at the
meeting, be approved subject to:
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 2
(1)
The Talbots fascia signs being made smaller, at the
architect's discretion, and the facia signs being
lowered such that the distance from the top of the
awning to the bottom of the sign is no greater than
the height of the sign; and
(2) The future approval of the location of the Osco sign
and the Theatre sign.
Comment: Council considered this matter at the December 19,
1995, meeting.
(7)
Housing and' Community Development Commission meeting of
December 14, 1995.
(8)
Housing and Community Development Commission meeting of
January 4, 1996.
(a)
Consider recommendations of the HCDC for the reallocation
of $150,000 in FY95 HOME funds, 920,000 in FY96
HOME funds, and $41,000 in FY95 CDBG funds to the
following projects:
SRO Housing for Working Persons Living Alone:
Acquisition of a property for SRO Housing 9125,000
Supportive Services 2,000
Greater Iowa City Housing Fellowship:
Acquisition of two units for affordable
rental housing
40,000
Greater Iowa City Housing Fellowship:
Operational Funding
35,000
Hawkeye Area Community Action Program:
Operational Funding
10,000
Comment: Council will consider these projects as agenda items
26, 27, and 28.
Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class "C" Liquor License for One
Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St.
(Renewal)
(2)
Consider a motion approving a Class "C" Liquor License for Inn
Ho Shinn dba Aoeshe Restaurant, 624 S. Gilbert St. (Renewal)
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 3
(3)
(4)
(5)
(6)
{7)
(8)
¢) L - I (9)
9~~&
Consider a motion approving a Class "C" Liquor License for
Lohaus & Larson Investment Co. dba The Airliner, 22 S. Clinton
St. (Renewal)
Consider a motion approving a Class "C" Liquor License for Iowa
City Entertainment dba Union, 121 E. College St. (Renewal)
Consider a motion approving a Class "E" Beer Permit for QuikTrip
Corp., dba QuikTrip//552, 25 W. Burlington St. (Renewal)
Consider a motion to refund an unused portion of a Class "C"
Beer Permit for Thomas E. Harris and dba Harris Discount, 71
Commercial Dr.
Consider a motion to refund an unused portion of a Class "B"
Beer Permit for Iowa City Tennis & Fitness Center, Inc. dba Iowa
City Tennis and Fitness Center, Inc., 2400 N. Dodge St.
Consider a motion approving a Special Class "C" Liquor License
for Leisure, L,C,, dba Iowa City Tennis & Fitness Center, 2400
N, Dodge St, (New)
Consider a resolution issuing a Cigarette refund to Harris
Discount, 71 Commercial Dr.
(10) Consider a resolution issuing a Dancing Permit to One-Eyed
Jake's, 18 S. Clinton; The Union, 121 E, College St.
Setting
(1)
Public Hearings.
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ,,~ '~
REGARDING THE PROPOSED CHANGE IN FEES AND REDUC- u ~
TION IN SERVICE FOR IOWA CITY TRANSIT.
Comment: To comply with the Federal Transit Administration
the City of Iowa City adopted a policy on public hearings
regarding changes in transit fares and transit services changes
involving 25% or more of the system route miles. This hearing
will allow the pubtic to comment on the proposed transit fare
increases and the proposed elimination of transit service after
7:00 p.m.
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 4
Motions,
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF ,~9,059,845.83 FOR THE PERIOD OF DECEMBER
1 THROUGH DECEMBER 31, 1995, 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)
CONS. IDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE
FOR REHABILITATION OF THE RENTAL PROPERTY LOCATED
AT 326 NORTH JOHNSON STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 326 North
Johnson Street received financing through Iowa Finance Authori-
ty and Community Development Block Grant funds on May 18,
1995. The financing was represented by a Rehabilitation
Agreement, Promissory Note and a Mortgage for $34,500. On
January 12, 1996, new loan instruments were signed and
financed in the amount of $36,748.75 and these have been
recorded. The original loan instruments can now be released.
(2)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS
FOR ROCHESTER HILLS.
Comment: See Engineer's Report.
(3)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS
FOR LOT 152 AND LOTS 168-179 INCLUSIVE OF COURT HILL-
SCOTT BOULEVARD ADDITION, PART IX.
Comment: See Engineer's Report.
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 5
(4)
q~ - G 15)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
WATERMAIN EASEMENT AND A PORTION OF A PRIVATE
STREET, UTILITY AND ACCESS EASEMENT LOCATED IN
COURT HILI.-SCOTT BOULEVARD ADDITION PART IX, AND TO
APPROVE AND EXECUTE A SUBSTITUTED PRIVATE STREET,
UTILITY, AND ACCESS EASEMENT AGREEMENT FOR THE
SAME PROPERTY.
Comment: The City currently possesses a 15' watermain
easement on lots 173, 174 and 152, Court Hill-Scott Boulevard
Addition Part IX, Iowa City, Iowa. During construction, the
watermain easement was not used for the placement of
watermain, and the "hammerhead" private street was changed
to a cul-de-sac. Public Works has recommended the release of
the existing, unused watermain easement and the reconfigured
private street, utility and access easement, and has recommend-
ed the execution of a substituted private street, utility, and public
access easement to conform to the actual construction. This
Resolution authorizes release of the existing, unused watermain
easement and the reconfigured private street, utility and access
easement, and authorizes the execution of the substitute private
street, utility and public access easement agreement for this
property.
CONSIDER RESOLUTION AUTHORIZING EXECUTION OF THE
SANITARY SEWER EASEMENT AGREEMENT FOR LOT 82,
WHISPERING MEADOWS SUBDIVISION, PART TWO.
Comment: ~1~ Development Ltd., the owner of Lot 82, Whisper-
ing Meadows Subdivision, Part Two, has conveyed a sanitary
sewer easement to the City of Iowa City to serve Lot 72.
g. Correspondence.
(1)
Letter from Jean A. Lakin expressing appreciation for the
completion of the Fairview Avenue/High Street Sanitary Sewer
Project.
(2)
Letter from Gregory Kovaciny regarding the amendment to the
parking ordinance regarding bicycle parking for new construction,
(3)
Letter from Todd J. Janus regard. ing the proposed Abbey Lane
sewer extension.
(4)
Letter from Jim Glasgow. This letter was furnished to the City
'Council on January 5 and is now being placed on the agenda to
be officially received and placed on file.
Agenda
Iowa City City Council
Regular Council Meeting
.January 16, 1996
Page 6
ITEM NO. 5 -
(5)
Letter from Floyd and Jean Blakely regarding ideas for direction
of the City Council.
(6) Memora~nda from the Civil Service Commission submitting
certifial~,lists of applicants for the following positions:
(a) Wastewater Treatment Plant Operator
(b) Fire Captain
(c) Firs Lieutenant
(d) Battalion Chief
(e) Custodian
(7) Memorandur~ from the Traffic Engineer regarding parking
prohibition on Hickory Court at its intersection with Sandusky
h. Applications for Use of Streets and Public Grounds.
(1)
Application from the March of Dimes to have the Walk America
on May 5, 1996. (approved)
END OF CONSENT CALENDAR
PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
City of Iowa City
MEMORANDUM
To:
From:
Date:
Re:
Mayor, City Council and General Public
City Clerk
January 16, 1996
Additions to the Consent Calendar
Item No, 4g(8)
Item No. 4g(9)
Sue Pearson regarding Abbey Lane Trunk Sewer Project.
Center Space Steering Comm. regarding update
recommendation of urban renewal land Parcel 64-tA.
and
#4 Consent Calendar page 1
ITEM NO. 4 d.(1)CONSIDER A RESOLUTION SETTING A PUBLIC HEARING
REGARDING THE PROPOSED CHANGE IN FEES ANDREDUCTION IN SERVICE
FOR IOWA CITY TRANSIT°
Nov/ Next item is the adoption of the Consent Calendar and we need
it as amended.
Kubby/ Move we accept it as amended.
Lehman/ Second.
Nov/ What we have amended from the presented calendar is to delete
under resolutions #3 and #4 because the legal papers are not
quite in order yet and those will be on the agenda on the
30th. So do we need a specific motion on that?
Kubby/ It was moved as amended.
Woito/ The latter is adequate.
Nov/ The latter is adequate, Okay. Now, I also want people to know
within the Consent Calendar we are setting a p.h. on the
proposed rate change and reduction in hours of service for
Iowa City Transit. And this hearing is now set for 6:30 on
February 26th.
Karr/ February 6.
Nov/ Sorry, I am reading wrong. It is February 6. I take it back.
February 6, 6:30, Transit Hearing. Roll call-
Kubby/ Before you go on I guess I want to explain a little bit
about the process we are going to use for talking about
Transit issues in that at our next work session on the Budget
on January 22, council is going to outline some options that
we want to look at for the Transit system. Those options are
what will be what we will be asking the community to respond
to at the p.h. So we will make those public information after
we make the decision about what the options are and we would
like to hear from you some feedback about those options and
then we will talk again and make some decisions and that will
be what will be in our budget hearing for the 27th of February
as well as the p.h. on February 6 specifically about Transit.
We should make that information available in places like the
Public Library and the City Clerk's Office and any council
member can help outline those issues for people who are
interested.
Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncil meeting of January 16,1996,
F011696
#4 Consent Calendar page 2
Nov/ And we have also asked that the information be available on
Cable Channel 4 and the character generators system. I think
we can be sure that everybody who wants the information can
find it. Roll call- (yes). Okay.
Thlsrepresentsonly areasonablyaccurate ~anscriptlon oftholowa Citycouncil meofingofJanua~ 16,1996.
FOl1696
#5 page 1
ITEM NO. 5 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/
Is there anyone here who would like to talk about something
that is not on the current agenda. Please sign your name and
address, state your name for the record and please don't talk
for more than five minutes.
Derek Mauer/ Hello. I live on S. Governor Street and as of December
I chair PATV's Board of Directors and so I want to report to
you tonight a little bit about our current activity at PATV,
your neighborhood network, Channel 2 on Iowa City and
Coralville's cable system. First I would like to clarify a
report that appeared in the Press Citizen last week regarding
disposition of the pass through funds. That's a fifty cent
charge that the council may approve, adding to cable fees for
use for local programming. The report in the paper made it
appear as if it were pretty certain that the pass through
funds would be used for a new facility for PATV, and I just
want to clarify for you and for the viewers at home that the
Broadband Telecommunications Commission has not yet decided
how to recommend allocating those monies, so that is a
decision that has not yet been made. Second, as you're no
doubt aware that with the conclusion of the negotiations for
the new franchise agreement, now the city will look to write
a contract for public access services. And that will be taking
place in the next few months and I certainly hope that PATV
will be the contract- the provider of those services under the
new contract. Third, I want to let you know that PATV is now
taking applications and proposals for staff series. These
series are- under this program, Public Access provides
technical assistance to produce a series of programs for any
individual or any group, any community organization in Iowa
City/Coralville area, so we hope to get the new series started
sometime in April. So any organization or individual wishing
to make a proposal for a staff assisted series should call or
stop down. We have forms for the proposal that they can take
with them and think about and fill out and bring back. If
anyone should have any questions about that, please don't
hesitate to call our director, Renee Paine, at 338-7035. Also,
because of the great demand for our technical production
training workshops, our workshops for February filled up very
rapidly and we have decided to schedule a second series of
training workshops for February. So anyone interested in
obtaining production training from PATV should call PATV and
we can probably fit them into the new schedule of workshops
for February. And finally, last week when our facility was
closed for a few days, we did a lot of cleaning and
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F011696
#5 page 2
housekeeping and we had a technician come in to fine tune all
of our equipment. And so our signal is much better now. I
noticed on my TV, our signal is much better and I hope that
you notice that as well and I hope that you all keep watching
Channel 2, your neighborhood network public access television.
Thank you very much.
Kubby/ Thank you.
Nov/ Derek, we have to say that the fifty cent pass through fee has
not been firmed up yet.
Mauer/ Right. That has yet to be approved by the council and then
I assume that the council will then have to approve any
recommendation from BTC about how it's allocated.
Andrea Rauer/ I've never spoken before the council. This is more
the fly in the ointment question. I work in a media center and
often get the how come questions. Each month as I pay my
bills, I set there and I say to myself, why do I send these
bills where I do. My gas and electric go to Davenport. My
phone bill goes to Des Moines. My TCI bill is supposed to go
to Kansas City, but as an act of protest, I each month fold it
in such a way, it goes back in the envelope and goes to Iowa
City for Iowa City- someone in Iowa City to actually take my
check and put it out. But each month, when I pay my water bill
and have to send my City of Iowa city to Cedar Rapids, I
cringe. I wonder if my payment each month going up there is
enabling someone in Cedar Rapids to have a salary that an Iowa
City person could're had. I'm wondering if a bank in Cedar
Rapids is getting pass through money that Iowa City could
possible have. I don't know the answers, but I know each month
I ask myself, why am I sending my bill to Iowa City. I feel
have made a big commitment to Iowa City. For seventeen years
we have made sure we have used an Iowa City mortgage with a
bank locally. We had chances to have our mortgage sold off to
a Chicago bank. We chose to leave it here in Iowa City because
we like the Iowa City bankers. I appreciated the Hills Bank
campaign over the holiday. I tried to leave my money here in
Iowa City so it would spread out. They really brought that
home to me. I ordered my boots that I intended to from L.L.
Bean, and somebody here was not going to get the money. So I
did not order my boots from LoL. Bean. The business fair I
think that you offer promoting the business that we have here
in Iowa City, and I admire that. My question just is that how
long do we need to continue to send our bills for our water to
Cedar Rapids. What cost saving has that made for Iowa City?
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F011696
#5 page 3
What is it affecting our personnel that could be spending
their money here? And I don't expect an answer tonight.
Nov/ I think we can give you an answer.
Arkins/ I have to give you one. We have something called a lock box
service with a bank. The local banks do not offer that service
to us. We save about one-half of a full time position by
having this service. And the bank that provides this happens
to be in Cedar Rapids. When we were out proposal, none of the
local banks chose to bid on the particular service. So that
you understand, we don't lose anything. The money does go to
a Cedar Rapids bank for processing and then is wired back to
us. If we could get a local bank to provide the service,
ma'am, we'd be very happy to.
Kubby/ One of the things that we did is before we went out to bid
this last time, we sent letters out to local financial
institutions saying, pretty soon we're going to bid this out.
We'd really like to have an Iowa City bank do this. We would
like that you think about investing in this equipment so we
can keep our bills local. And at this point this hasn't
happened yet.
Nov/ But the contract does get renewed regularly. It can still
happen.
Rauer/ I understand the answers. I also understand the frustration
each month to be sending City of Iowa City to Cedar Rapids. I
think we have a fine staff. I guess if I'm going to be asked
to be paying more for the water, which I know that I will be,
I personally would like to pay a half-time person here in Iowa
City to open my envelope and spend my money here in Iowa City
and deposit it. That person's salary here in Iowa City to make
the impact. Thank you.
Laura Routh/ I am a part time president of Iowa City, a long time
part time resident. I come before you this evening for two
reasons. First I wish to commend you for your passage of the
Sensitive Areas Ordinance. This ordinance is a great step
forward for the city and its efforts toward environmentally
responsible land use planning. I thank you all for your
efforts in this area. The second reason I come before this
body tonight is to alert you to the recent actions of the
developer Bruce Glasgow. I wish to remind the council, old and
new members alike, of the need for continued vigilance where
issues of development and environmental protection are
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F011696
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page 4
concerned. As you are all aware, the Sensitive Areas Ordinance
became effective on December 13, 1995. Many of you however may
not be aware that on the eve of the ordinance's
implementation, December 12, Mr. Bruce Glasgow cut down some
50 trees along the creek on his land at the intersection of
St. Anne's Dr~ve and Buresh. I've spoken to some of you about
this land before. In June of 1994, I submitted photographs of
this land to the council and some of the larger were in the
photographs. Those photos exist hopefully somewhere in the
city archives, but i was unable to locate them for tonight's
meeting. I have put in a request that they be resubmitted to
the council when found. For the new members, let me explain
that the property of which I am speaking is one that contains
four distinct drainage ways, many steep slopes, and
innumerable trees that are both large and small. In short,
this land is one of the largest undeveloped green areas left
on the north side of Iowa City proper. I submit for the
record, photographs of Mr. Glasgow's recent logging. I would
ask that all council members compare these pictures with
earlier photos when and if they are made available. Because of
its topography and size, Mr. Glasgow's land clearly falls
under the jurisdiction of the Sensitive Areas Ordinance. His
hurried clear cut was in my opinion an act of spite. New
council members should know that Mr. Glasgow was quoted in the
Press Citizen last year as saying he might as well cut down
trees now to prevent future hassles under new ordinances. I am
angry and disgusted that so many trees had to die to indulge
his tantrum. Of the trees that he cut, many were greater than
70 inches in diameter and most grew right along the stream
bank. Mark my words, over time erosion will consume what were
once fairly stable creek sides. This waterway will degrade and
with heavy rains and siltation what is left of the creek will
back up onto the road. Mr. Glasgow's spiteful antics have
irreparably damaged this part of the land. The reason I bring
this to your attention is twofold. I wish to implore the
council to keep a close eye on the actions of Bruce Glasgow
and his associates. Clearly he is capable of almost anything
regardless of the long term environmental impacts. New council
members must be made acutely aware of that fact. Finally, if
and when Mr. Glasgow comes before this body to request
permission or assistance for any given project, please bear in
mind what he has done. His reputation precedes him and he
should not be allowed to pursue any future building or
development without intense scrutiny by the city. In reference
to the land at St. Anne's and Buresh, I truly wish it could be
made into a park. It is beautiful land. It ia corner of green
and it a critical part of the local watershed. Unfortunately
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F011696
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it is land that has been abused, and as such it is land that
must be managed very carefully. I ask that at the very least
this council actively pursue any and all available options to
protect this land to the greatest extent possible. Once again
congratulations on your passage of the Sensitive Areas
Ordinance and thank you for your efforts to create policies
that protect our precious and very limited natural areas. I
appreciate your time and attention this evening. Thank you.
Kubby/ Thanks Laura. Thanks for taking the time to take these
pictures and present them to us.
Caroline Dieterie/ I am a long time resident of Iowa city, and I am
here also to try to make sure that this senseless and shameful
slaughter does not go unremarked and unnoticed by people. A
good deal is said ~n the press about the need for a three
strikes and your out for criminals. Well in my book people
like Mr. Glasgow have had their three strikes too, because if
you look at the record of Iowa City, you'll find that this is
not by any means the first time that he has done something
that has deteriorated our environment. These trees that he's
cut have spent their lives protecting our water and cleaning
our air. And I hope that it will not be only after the last
clean air is breathed, the last clean water is gone and the
last food is consumed that the local populace will realize
that you can't eat money. That's what it really boils down to.
Money is nothing but an invention of the human race. And these
trees were a creation of mother nature, and I think she's
pissed just like me.
Kubby/ One thing to remember with our Sensitive Areas Ordinance, a
subdivision doesn't have to be before us, that if an area is
covered by the Sensitive Areas Ordinance, that land is
protected under the ordinance whether or not there's
development pending. And so if people see something going on
that doesn't look right to you, feel free to call Housing and
Inspection in Iowa City and/or the Planning Department and/or
a council member if you see something. It's good to have
watchdogs for the environment out there as well as for other.
Nov/ Is there anyone else who wishes to speak to council? Okay,
moving on.
This represonts only a reasouably accurate transcription of the Iowa City council meeting of January 16, 1996.
FO 11696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 7
ITEM NO. 6 - PLANNING AND ZONING MATTERS.
Public hearing on an ordinance amending the Zoning Chapter by
changing the use regulations for a .5 acre property located at 840 Cross
Park Avenue frown CO-1,' Com}:)3ercial Office, to CC-2, Community
Commercial. (REZ94-0014) .~¢.~~
Comment: At its December 7 meeting, by a vote of 5-1, with Supple
voting no, the Planning and Zoning Commission recommended denial of
the requested rezoning. The ~ommission's recommendation is consis-
tent with the staff recommendation contained in the November 16 .staff
report. In a letter dated December 12, the applicants Tom and M.ary
· Sundblad request Council consideration of the rezoning..~_~.)~
Public hearing on an ordinance amending the Zoning Chapter by
changing the use regulations of an approximate ,3 acre property located
at 1500 Sycamore Street from RS-5, Low Density Single-Family
Residential, to CO-1, Office Commercial, (REZ94-0015)
Comment: At its December 7 meeting. by a vote of 6-0, the Planning
and Zoning Commission recommended denial of the requested rezoning.
The Commission's recommendation is not consistent with the staff
recommendation contained in the November 16 staff report. In a letter
dated December 8, 1995, the applicant (4Cs) requests Council consider-
ation of the rezoning,
Action: -~-~~') ~.
"Zonino," Article D, entitled "Residential Zones, Section 5, entitled
"Neigh~3orhood Conservation Residential Zone (RNC-12)," to clarify the
number of roomers permitted in duplex units in the RNC-12 zone.
Comment: At its December 7 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended denial of the amendment to
clarify the number of roomers permitted in duplex units in the RNC-12
zone. The Commission's recommendation is not consistent with the
st afirecommend ation c/o,;~ in. ember 16 st aff memorandum.
#6a page 1
ITEM NO. 6a.
Public hearing on an ordinance amending the Zoning
Chapter by changing the use regulations for a .5
acre property located at 840 Cross Park Avenue from
CO-i, Commercial Office, to CC-2, Community
Commercial. (REZ94-0014)
Nov/
I now declare the p.h. open. Anyone who wishes to discuss this
topic should come forward, sign in, and tell us what you
think. State your name please.
Mary
Sundblad/ I'm the owner and operator of Kid's Stuff which is
a children's consignment store. Currently I'm located on
Keokt]k Street which is approximately 1 1/2 blocks from Lot 19.
I need to expand my business since and many of my customers
come from nearby residential neighborhoods, I'd like to stay
in the immediate area. Also the service we provide is ideal
for this neighborhood. We not only recycle children's clothes,
we offer them at a very reasonable price. I've been looking
for commercial property to buy for several years. I would've
preferred to buy something that was properly zoned but this is
the only thing I've been able to find in a good location and
at an acceptable price range. I would like to address the
issue of having Lot 19 act as a buffer between commercial and
residential. The area already consists of varied residential,
commercial, and commercial office classifications. If you
drive down Cross Park Avenue, it's apparent that this
additional CC-2 zoning would not adversely affect the
neighborhood since only half of the frontage on Cross Park is
already CC-2. This is also evident by the fact that there have
been no public protests in regard to rezoning this lot. As a
small business woman providing useful products for children
and families at a reasonable price, I frankly wonder about the
equity of allowing a multi-million dollar corporation like
EconoFoods to have a CC-2 zoning and not allow the same
opportunity to a small business. As you can see, our proposed
plan would probably put the building to the south and the
parking on the north so that most of the activity would be
toward Paperweight Lane and not Cross Park. Also we would like
to put apartments above which would be very much in keeping
with the neighborhood. Based on these reasons, I would ask you
to please consider rezoning Lot 19 to CC-2.
Nov/ Thank you.
Lyone Fein/ I would just like somebody on the council to explain to
us what the difference between these two zonings is.
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F011696
#6a page 2
Nov/ I think we'll let the staff do that. Karin.
Fein/ Anybody can do it.
Kubby/ It's a distinction of intensity of use, but Karin can get
into detail.
Nov/ It's the kind of thing where you have to have lists of what's
allowed and what isn't at your fingertips.
Franklin/ CC-2 is a community commercial zone where CO-1 is a
commercial office zone. As Karin said, the CC-2 is a more
intensive use. In CC-2 you can have retail uses of just about
any scale. In the CO-1 we are looking at office uses which we
anticipate you are going to have less intense use of the land,
less traffic. Does that answer your question?
Nov/ And both of these allow apartments on the second floor?
Anything above the first floor.
Franklin/ Both allow apartments above the first floor with a
special exception before the Board of Adjustment.
Nov/ So in order to do something similar to this design, they would
have to go to the Board of Adjustment?
Franklin/ That's correct.
Nov/ Do we have any more questions here? I'm waiting. Anyone else?
Karr/ Madam mayor, can we have a motion to accept correspondence?
Nov/ All in favor? (passes) Is there any reason that staff sees
that we should not close this hearing? We don't have to wait
for the Board of Adjustment or anything like that? We can
close the hearing and vote two weeks from now? Okay. I declare
the p.h. closed.
Thisrepresents only creasenobly accuratetranscription ofthelewo Ci~ council meeting of January16,1996.
F011696
#6b page 1
ITEM ~0. 6b.
Public hearing on an ordinance amending the Zoning
Chapter by changing the use regulations of an
approximate .3 acre property located at 1500
Sycamore Street from RS-5, Low Density Single-
Family Residential, to CO-I, Office Commercial.
(REZ94-0015)
Nov/ This p.h. is now open.
Karen Harris/ I am the attorney for the Church of Iowa City. The
Church of Iowa City has a backup offer on this property with
a full asking price and with no contingencies. I wasn't at the
work session but it's my understanding that the 4C's has asked
for an extension to work out some kind of covenant with the
neighbors and to enable them to go forward with its contract.
And I am just here to let the council know that the sellers
will not be prejudiced in the event that the council denies
the zoning change and that of course the backup purchasers,
the Church of Iowa City, is opposed to any further extensions.
They are ready to close,. They are ready there with full
asking price, no contingencies and the Church of Iowa City
also complies with the present zoning. There will be less
traffic, there will be less activity and for obvious reasons
I believe that they would be the better purchaser. One thing
I think I would like to point out that if the 4C's is allowed
this zoning change with the condition that they are going to
have a covenant that they are going to work out with the
neighbors, I can categorically state that I think that is
biting off trouble in the future, enforcing a covenant without
a homeowner's association. Who is going to enforce the
covenant? And even though the extension is probably going to
be granted for this, I am going to urge the council to
consider the future problems that the zoning change with sort
of a shirt tailed in covenant-this will prevent all the
problems. For example, there will be future home owners that
will change hands with families. That is a very family
oriented area and I can only foresee perhaps, well perhaps I
don't like to use the L word, litigation,. But I think what
happens in situations like that is that just because someone
has a covenant today with present day neighbors doesn't mean
that it is going to work with the next purchasers and the
sellers will not be prejudiced at all. There is an offer ready
to close, full asking price, no contingencies and they stand
ready to complete their deal. And if you have any questions,
I would be glad to answer them. Thank you very much.
Nov/ Is there anyone else who would like to discuss this topic?
This repressnts only a reasonsbly accurate transcription of the iowa City council meeting of January 16, 1996.
F011696
#6b page 2
Sandy Kuhlmann/ I am the Director of 4C's. At this point I would
just like to explain the course of events that have occurred
since the rezoning application and the vote with P/Z
Commission meeting. 4C's and Lutheran Social Services have
been working with the neighbors throughout this entire process
and we have enlisted the aid of a mediator to assist in
working out and working through all the concerns of everyone
involved. The solution that we have arrived at which she has
spoken of is a private covenant between 4C's and the
neighbors. I will digress a little bit and speak to that. The
way this covenant would work would be that it would be
attached to our abstract and title and all of the abstracts
and titles of the neighbors within this area that we are
working with. It would pass onto the successor if the home
should change hands and it would be publicly recorded and run
with the land. The private covenant would be more restrictive
than the Co-1 zoning which would therefore protect the
interests of and concerns of the neighbors. Through the help of
a mediator and our lawyer we all had considerable input. We
had the neighbors who were an integral part of creating this
document. Currently the document has been distributed and
everybody has reviewed it. The 4C's Board of Directors is
supportive of this process and has given approval that we
could enter into an agreement of this type. At this point we
are still in need of small amount of time to finalize the
document and be able to turn it into the staff at P/Z. So, at
this point, we would like to still ask for continuance of the
p.h. Not an extension of the entire process, just a
continuance of the p.h. which would enable us to come to a
successful conclusion with a private covenant and hopefully
have any formal objections of the rezoning removed. Thank you.
Baker/ Sandy, could I just ask you a quick question for
information. You mentioned you attorney. Who is your attorney?
Kuhlmann/ Craig Willis.
Baker/ Thank you.
Franklin/ We don't have a signed CZA so you will need to continue
the p.h.
Nov/ And for the sake of the listeners and the concerned neighbors.
Continuing the p.h. will not necessarily change the timing of
the process because we can do first consideration, yes or no,
next time we meet along with the p.h. Is there anyone else who
would like to talk about this?
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F011696
#6b page 3
Dr.
Barbara Endel/ I am the President of the Board of Directors of
4C's and I guess the point I would like to make to the council
is how I think it is a very remarkable process for the 4C's,
Lutheran Social Services to come together and work with the
neighbors and the neighbors are very agreeable to the
covenant. It is a matter of time of letting them review the
covenant that we have distributed to them. But they would, I
am sure if they were here, they would withdraw their formal
objections. They were supportive of this agreement and it was
pretty magical to come to the table and have two sides which
I think might have been opposing work it out on our own and
not have to have a lot of if you would mind my saying red tape
and bureaucracy as a part of this. So I really want to
compliment 4C's and I hope that the council would view that in
a very favorable light that we did have two members coming
together and really trying to work it out. Thanks a lot.
Kubby/ It is my understanding that if neighbors sign the covenant
that that will mean-It is written in a way that it means the
objections, the protests, will be removed.
Kuhlmann/ That is correct. Yes, that is correct. They were very
willing to sign it. I am sure we have some signatures now. We
broaden the area to include anybody who might have a possible
objection within a wide radius of that building and then that
is part of the covenant that they would withdraw their
objections. Thanks, Karen.
Thornberry/ Linda, would this agreement, on the covenant, be in
perpetuity, forever on that?
Woito/ Yes, yes it would. But it would not be between the city and
the neighbors or 4C's. It is purely a private covenant but it
would run with the land.
Thornberry/ I mean if the neighbors change-
Woito/ It would run with the land regardless of the neighbors.
Norton/ Of course, the rezoning would still be required however.
Woito/ It would run in perpetuity, forever.
Nov/ Okay. Anyone else would like to talk about this item?
Moved and seconded (Kubby/Lehman) to continue the p.h.
we need to accept correspondence on this one as well?
and do
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F011696
#6b page 4
Kubby/ This item and the previous items were things that P/Z said
we recommend you not do these things. If we are inclined to do
it, we need a meeting with P/Z. So I would ask the mayor to
set that up as part of our next informal meeting so that we
can move forward if we so choose in two weeks. Do people
concur with that.
Nov/
I can arrange that. And we need a vote on the continuance?
Okay, all in favor of continuing this hearing to the 30th,
please say aye- (ayes). Motion carried.
Thlsrepresents only areasonobly accuratetranscription ofthelowa City council meetlngofJanuary 16,1996.
F011696
#6c page 1
ITEM NOo $c.
Public hearing on an ordinance amending Title 14,
Chapter 6, entitled "Zoning,', Article D, entitled
"Residential Zones,,, Section 5, entitled
"Neighborhood Conservation Residential Zone (~NC-
12)," to clarify the number of roomers permitted in
duplex units in the RNC-12 zone.
Nov/ I now declare the p.h. open. Is there anyone who wants to talk
about this?
Nancy Carlson/ I live at 1002 East Jefferson. I am ¢ne of the
property owners in one of the neighborhoods involved in this
matter. I wrote a letter to the city council last week which
I hope you received in your packet. We were a little slow in
getting started on this and so between the time you received
that l~tter and tonight we circulated that same neighbors in
our neighborhood. I have th~se signatures and I would like to
give those to the people right now. Tonight I would like to
discuss this from three points of view. First of all I would
like to look at the duplex
CHANGE TAPE TO REEL 96-9 SIDE
Carlson/ Homes that were converted into duplexes. Most of these
structures were built, I would say, between 1890 and 1900.
They were usually three bedrooms upstairs and a living room,
dining room, kitchen and entry way downstairs. If these houses
are divided into duplexes, which is what most of the things
that have been done, is there really room for eight people. If
it is rented as a house, it is rented to four people. To me
this seems a little bit, somewhat of a dichotomy. We do have
some structures in our area that were built as duplexes. The
vast majority of these, I believe, were probably built in the
60's and they were built during a period when a duplex usually
consisted of two bedrooms, a living room and a bathroom. These
duplexes are located on the east boundary of our neighborhood.
The boundary to the east of that is an RS-5 zone. They fit in
with the size and character of the structures in our
neighborhood and they also fit in with the size and character
of the structures to the east of us. I hadn't really looked at
the duplex stock too much and so what I did is, this is the
Market Place that I received today. I went to the want add
section to see what kind of duplexes are for rent in the Iowa
City area right now. I will just read the first couple of
words from each of the articles or from each of the ads here.
Two bedroom, two bedroom, two bedroom, two bedroom, a three
bedroom, large two bedroom, two bedroom, two bedroom, two
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F011696
#6c
page 2
bedroom. To me this appears that right now mist duplexes are
still two bedroom units. So from looking at this and from
looking at our duplexes, my question is would increasing the
number of roomers allowed in a duplex from 3 to 4 adversely
affect the duplex stock that is already in existence. To me,
since most of the duplexes listed in these ads and most of the
duplexes that are in our area are smaller units, this would
not have an affect on the existing stock that we have now.
Secondly, I would like to look at this for the point of view
of a renter who is looking for a unit to rent. Is there a
market and a need for units smaller than four bedrooms. As a
landlord who rents out a one bedroom duplex, I can assure you
there is a big need. When I put an ad in to rent my unit it
takes me two hours. A few years ago there was an article in
the Press Citizen stating that developers could no longer
afford to build anything less than a three bedroom unit to
recoup their investment and I believe that this is a
continuing tendency and by now it may be four bedroom. I was
amazed when I was at a meeting this summer to hear that
someone was actually thinking of building one bedroom
apartments again. This is the first time in years that I had
ever heard of it. But my question is what would the cost of
those units be? Basically our stock of smaller units is what
we have right not. Also, because the unit in our neighborhood
are older, they are usually more affordable. If the city sets
up a condition to jeopardize these units, is it going to have
to subsidize these types of units down the road because there
aren't enough to go around. Looking from the point of view
from a renter and I was a renter for a long period of time.
Renters often times don't have a lot of money and you know,
one of the things we look at are single students who are
looking for a place to live. Just because you are a single
student does not mean you have an inexhaustible source of
income and so I fee that given the stock that we have here, we
are an affordable rental area for people who are looking for
lower income rental units and we can provide a valuable
service for those people. Thirdly, let us look at the point of
view of investors. Is there a market for small rental units
among investors. From watching the sale signs go up and down
in our area fairly quickly, it would appear so to me. In any
market there are many niches as I believe Mr. Thornberry can
attest. Not all people are looking for a $5.00 hamburger and
you don't have to sell a $5.00 to make a living. In the real
estate market, not all people are looking for a $1/4 million
investment and you can make a profit on property less than
that in value. Our area provides that niche. And, as I said,
we watch investors come and go. I have never heard someone say
This represents only a reasonably accuratetranscription ofthelowa City council meeting of January 16,1996.
F011696
#6c page 3
that they were leaving because they couldn't make a living
there not have I seen anyone declare bankruptcy because of the
properties they own in our area. Finally, let us look at this
from the point of view of the people who actually live in the
property that we own. For most of us this will be the major
investment of our life. An investment not for private but for
pride of ownership. A purchase that will require a 20-30 year
financial commitment. During the past campaign I attended a
debate in which Mr. Thornberry was asked how one went about
choosing a piece of property to buy. Mr. Thornberry, that was
my question. Your reply was to check the zoning maps and buy
property in a restricted area. 14 years ago when I bought my
property, I was a naive first time buyer who had grown up in
a small town. After years of trying to buy my own house, I had
finally found someone who had believed that although I was
single and a woman, I was responsible enough to own property.
I didn't consider zoning because I had grown up in a town
where neighbors respected neighbors. I had thought the same
would be true here. I was naive. If the only way a person can
feel safe in our community is by buying property in a
restricted area, will we ever really work as a community? Are
we a community? What can I reasonable expect when I buy a
piece of property? When I moved into my house, I became the
first owner occupied property on my block. Now there is only
one rental unit. I watched the owners working to improve their
property out of pride and that pride improves our neighborhood
and in turn, our community. Last week I heard on the radio the
average house in Iowa City costs $90,000. The average in Cedar
Rapids is $20,000 less. The houses in our neighborhood are
lower or at that price. They provide people a chance to own a
house. I think this has been demonstrated by the fact that we
now have one rental unit on my block.
Nov/ Nancy, can you wind up?
Carlson/ Okay. During our rezoning, one of my neighbors asked one
of the renters on the house behind me if he would like to
become involved in the process. His reply was why should I
bother, it doesn't matter to me, I won't be here in the spring
and he wasn't. But we were and we are here now. We are the
glue that helps to hold our neighborhood together but we can't
do it alone. This matter will occupy a small part of your
time. This decision will probably influence a small part of
the HIS Department's work week. But for we, people who live
there, it will impact us 24 hours a day, seven days a week, 52
weeks a year as long as we live there. Thank you.
Thlsrepresents only areasonebly accuratetranscription ofthelowa City council meeting of Januau 16,1996.
F011696
#6c
Nov/
Joni
page 4
Is there anyone else who would like to talk about this?
Kinsey/ I live at 423 Church Street which is in a different
RNC-12 zone than Nancy Carlson who you just heard form. Her's
was the first RNC-12 zone and mine was the second. There was
then a third which extended it down towards the d.t. area. So
now virtually the Near North Side is all RNC-12 until you get
to I believe it is Ronald Street and Brown Street which are in
even better zones as far as single owner occupant type
neighborhoods. I was the applicant for the Church Street
transition into the RNC-12 in 1994 and mostly what I am here
today is to just re-emphasize is 1-how appreciative we have
been of this new zone and there has been a number of
properties that have already been vastly improved because the
owners, the occupants feels safe in this new zone. That in
fact we are protected from precisely the kind of thing that we
are afraid this new proposal that you are looking at will
cause and that is that we do feel protected now from large
incursions of apartment buildings and rooming houses and the
addition of even one roomer while it seems like a very small
number of additional people, does have some pretty long term
implications, we think, for the RNC-12 zone which we all agree
has been a great thing for us. Just a couple of instances of
what it has been in terms of hopeful change. The RNC-12 zone
has, just on my one street within a couple of blocks. I can
point to three different properties that have been either
transformed from rental property into an owner occupancy
situation or in one case where it was already owner occupied
but the couple that lives there has invested over $100,000 in
a property, to be honest, probably doesn't deserve that kind
of investment. But they are going to live there the rest of
their lives and they have really turned this place into a show
piece. The other two properties which have been transformed,
one was pretty notable last summer at 412 Church Street which
was completely restored and was a direct consequence of the
new zone. The other is at the corner of Linn and Church Street
which is really a spectacular Victorian home with a beautiful
wrap around porch and the owners have moved into the property
after having owned it as rental property for a while. They
admit that it was a animal house before. That is their words.
And they are steadily turning it into a beautiful home. It was
on the Northside Neighborhood House Tour in December. In
addition to encouraging this kind of hopeful change that these
properties demonstrate we do have a new sense of security and
a new sense of community in the RNC-12 zone. What we are
worried about is with the new proposal which seems to be a
pretty minor matter, that indeed there will be overcrowding of
Thisrepresents only ereasona51y accuratetranscrlption ofthelowa City council meeting of January 16,1996.
F011696
#6c page 5
rental property, either current or future. The addition of new
duplexes because they will be more profitable and also the
rather direct consequence of paving of backyards for more
parking spaces because even one additional roomer will require
one additional parking space and that means paved backyards.
Already the backyard of house directly across the street from
me which is technically a duplex, it is a very large one, and
would be greatly benefitted by an additional legal roomer, has
a completely paved backyard and my neighbor who attended here
with me who has lived in here home her entire life, over 80
years, lives directly next door to that and is constantly
plagued by a parking lot next door to her in her backyard. So
really, what all of this comes down to is not simply a minor
housekeeping matter for the Housing Department but in fact a
tremendous implication for the community and the stability of
these older neighborhoods which we had hoped the RNC-12 zone
was precisely intended to preserve and conserve. It is a
spirit of conservation that we all hope this zone is intended
to encourage. So, we are sympathetic as everybody is these
days to bookkeeping and paperwork and so fourth but it seems
that in the age of computers it just should not be such a big
deal and in light of the implications that could come about it
doesn't seem that this should be the sole reason for
compromising the integrity of the Zoning Code that has led to
such a sense of relief and security and community in our older
neighborhoods.
Nov/
Anyone else want to talk about this topic? P.h. is now closed.
(Moved and seconded, Thornberr¥/Kubby, to accept
correspondence).
Baker/ Naomi, can I ask a procedure question
that this ordinance amendment will be
weeks?
here? Are we assuming
on the agenda in two
Nov/ I was assuming, yes.
Baker/ Without pinning people down, is that really necessary in my
mind?
Kubby/ We have to vote on it though, even if we vote it down.
Baker/ But we can determine what is on the agenda.
Nov/ Well.
Kubby/ I think we should be on record as acting on it so that it is
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F011696
#6c page 6
clear for the record, too, especially as further protection
for the neighborhoods to say council in 1996 spoke on this
issue.
Baker/ But I thought we might be able to put it to rest tonight
(can't hear).
Kubby/ Don't we have an obligation, I think, to vote on it?
Nov/ I think we do.
Woito/ You don't have to. You could defer it indefinitely which
kills it.
Baker/ This was just a p.h.
Woito/ Right. I mean I was talking about next week. Were you going
to talk- I take it you are not going to put that on your list
to talk to P/Z about this? That is the real question.
Kubby/ If the intent of the majority that we are inclined to say
no, we don't need to talk with P/Z because we agree with them.
Woito/ Right.
Kubby/ So unless we direct that to be a third agenda item with P/Z
that is an indication to the neighbors that we will agree with
them. I will not make such a suggestion that we have that as
a third agenda item.
Thornberry/ I don't know if the meeting with P/Z is necessary.
Nov/ Well, we may want to talk about the Sycamore Avenue area and
if we do we can always add something else. Do we need to vote
on the motion to defer? No. To accept correspondence? Did we
vote?
Karr/ Yes, you did.
Nov/ We did, okay. Now we had correspondence on the previous p.h.
Did we accept correspondence on the Lutheran Social Services?
Kubby/ There was none.
Nov/ We had one yesterday.
Karr/ You had a handout last night.
This represents only a reasonably accurate transcription of the Iowa City council meeting of January 16, 1996.
F011696
#6c page 7
Nov/ Moved and seconded (Kubby/Lehman) to accept the correspondence
on the previous p.h. which was item b. So we have now this
motion. All in favor say aye- (ayes). Okay.
Thisrepresents only areasonablyaccuratetranscrlptlon ofthelowa CIw council meeting ofJanuaryl6,1996.
F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 8
Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning,"
to allow recycling processing facilities in the I-1, General Industrial, zone
and related amendments. (First Consideration)
Comment: At its November 16 meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of amendments
to define and permit recycling processing facilities as provisional uses in
the I-1 zone, and to allow outdoor storage of certain materials by special
exception. The Commission's recommendation is generally consistent
with the staff recommendation contained in the staff memorandum
dated November 16. Public comments were received at the December
19 public hearing on this item,
Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning,"
Article N, entitled "Off-Street Parking and Loading," to reference the
Parking Facility Impact Fee Ordinance in the off-street parking regula-
tions section of the Zoning Chapter. (First Consideration)
Comment: At its November 16 meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of amendments
to reference the Parking Facility Impact Fee Ordinance in the off-street
parking regulations section of the Zoning Chapter. The Commission's
recommendation is consistent with the staff recommendation contained
in the staff memorandum dated November 16. No comments were
received at the December 19 public hearing on this item.
Consider an ordinance amending Title 14, ChaPter 6, entitled "Zoning,"
Article 5, entitled "Performance Standards," Section 10B, concerning the
location of aboveground storage tanks. (Second consideration)
Comment: At its November 2 meeting, by a vote of 5-0, the Planning
and Zoning Commission recommended approval of the amendments
concerning aboveground storage tanks. The Commission's recommen-
dation is consistent with the staff recommendation contained in the staff
memorandums dated November 2. No comments were received at the
December 5 public hearing on this item.
Action: '~"~'~,-,)/,~'~
#6d page
NO. 6d.
consider an ordinance amending Title 14, Chapter 6,
entitled "Zoning," to allow recycling processing
facilities in the I-l, General Industrial, zone and
related amendments. (First Consideration)
Nov/ Moved by Kubby, seconded by Lehman to consider this ordinance.
Any discussion?
Baker/ I just want to reiterate that it is my understanding that we
agreed last night that since we are going to have a short
formal agenda next week, we were going to include this for a
second consideration next week.
Nov/ We may include more than one little thing.
Baker/ This will be on the second and third consideration by the
end of the month.
Nov/ Okay. Roll call- (yes).
Thlsrepresents only areasonably accur~etranscrlptlon ofthelowa City council meeting of Janua~ 16,1996.
F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 9
Consider an ordinance amending the Zoning Chapter to clarify the
definition of time/temperature signs, (Second consideration)
Comment: At its November 2 meeting, by a vote of 5-1, with Scott
voting in the negative, the Planning and Zoning Commission recommend-
ed approval of the amendments specifying requirements for
time/temperature signs. The Commission's recommendation is consistent
with the staff recommendations, contained in the November 2 staff
mem. orandum. At its November 10, 1995, meeting, the Design Review
Committee, by a vote of 7-0, also recommended approval of the
amendments. No comments were received at the December 5 public
hearing on this item.
Action: ~'~,t~/~~
Consider a resolution approving the final plat of W.B. Development, a
40.27 acre, 8-Lot commercial subdivision located south of the Highway
1/Highway 218 interchange.(SUB95-0030)
Comment: At its January 4 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the final plat of W.B.
Development subject to approval of legal papers prior to City Council
consideration of the plat. The Commission's recommendation is
consistent with the staff recommendation contained in the January 4
staff report. It is anticipated that the legal papers will be approved prior
to the January 16 City Council meeting.
Action:
#6g page 1
ITEM NO. 6g.
Consider an ordinance amending the Zoning Chapter
to clarify the definition of time/temperature
signs. (Second consideration)
Nov/ Moved by Kubby, seconded by Norton. Is there any discussion?
Lehman/ Naomi, I would just like to say that the sign that caused
this sort of thing to be before us I think is one of the most
attractive signs that we have d.t. Had we had these changes in
place that sign would not be able to be there and I think we
talked informally previously that we really need to take a
look at our sign ordinance to allow some perhaps very very
attractive signs that currently we are prohibiting.
Nov/ Well, what we were prohibiting was a projected sign.
Lehman/ This is a projecting sign in front of one of the most
attractive ones d.t.
Nov/
And because it didn't have time and temperature it was not
permitted. We have asked P/Z Commission and the staff to work
on the revision of the Sign Ordinance so that we may, on
occasion, have a projecting sign. The last time I saw a list
of when and how, it was about #9 on the list. So if the
council wants to direct staff to move it up on the list we can
do that.
Kubby/ I don't think it is more important than affordable housing.
I think it should stay where it is.
Nov/ Okay.
Kubby/ But what this does in the mean time is not allow for
projecting sign unless it has the appropriate time and
temperature. So it keeps us in check until we get around to #9
on our list.
Nov/ It just clarifies the ordinance which wasn't too clear when it
was written and that is how this sign got around it.
Thornberry/ This was back in what December that you talked about
this. December 1 was the first p.h. and I think the sign
ordinance, if the people don't know, the projected signs, the
permitted projected signs need to be a specific size and also
be electronically- show the temperature electronically. Is
that correct?
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#6g
Nov/
page 2
A digital temperature and time. And they don't have much
advertising on them. They are allowed to say the name of the
company that put up the sign and that is about it.
Thornberry/ Well, I don't think there was anything in that said
that the electronic devise had to be accurate either.
Nov/ Well.
Thornberry/ If you are trying to say that the temperature has to be
accurate-
Nov/ Well, it has to be reasonably close I think. We know that the
sign on one bank is on the sun and the sign on the other bank
is in the shade and they may not agree with each other but
there is at least relatively accurate.
Norton/ This one isn't sensing anything. Is it adjusted by hand?
Nov/ Right, it is not sensing anything.
Thornberry/ It gives you an approximation.
Kubby/ I can stick my
Nov/ Okay, roll call-
Baker/ Just round,
Nov/ Okay.
finger up.
(6/1 Baker voting no.)
for clarification, I voted against
too, a long time ago.
this the first
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F011696
Agenda
iowa City City Council
Regular Council Meeting
January 16, 1996
Page 10
ITEM NO. 7 -
ITEM NO. 8 -
Consider a letter to the Johnson County Board of Supervisors regarding
a request to rexone 38.22 acres from County A-l, Rural, to County RS,
Suburban Residential, for property located in Fringe Area 4 on the west
side of Prairie du Chien Road approximately ¥~-mile north of its intersec-
tion with Newport Road NE.
Comment: At its January 4 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended that the City Council forward a letter
to the Board of Supervisors recommending that the request to rexone
38.22 acres from A1 to RS be denied because a) it is in an area with
topographic and environmental constraints, b) Johnson County does not
recognize nor utilize conditional rezonings, consequently, the concept
plan submitted cannot be made binding upon the applicant, and c) it is
inconsistent with the present, mutually agreed upon fringe area policy
for Area 4. The Commission's recommendation is generally consistent
with the staff recommendation contained in the January 4 staff
memorandum.
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE HIGHLANDER AREA SANITARY SEWER,
LIFT STATION, AND FORCE MAIN PROJECT.
Comment: This project involves sanitary sewer, lift station, and force main
improvements in the Highlander Area as obligated under the conditions of a
CEBA Grant. Preliminary cost estimate is $348,000 and will be funded by
1995 General Obligation Bonds to be recovered by tap-on fees.
Action:
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BiDS AT 10:30 A.M.
FEBRUARY 6, 1996.
Comment:
Action:
See comment above.
#6i page
ITEM NO. 6i.
Consider a letter to the Johnson County Board of
Supervisors regarding a request to rezone 38.22
acres from County A-I, Rural, to County RS,
Suburban Residential, for property located in
Fringe Area 4 on the west side of Prairie du Chien
Road approximately ¼-mile north of its intersection
with Newport Road NE.
Nov/ Moved by Kubby, Seconded by Norton. Any discussion.
Baker/ Let me talk about this just for a second. First of all we
asked a question last night about when the county was going to
act on this. We did ask that question and somebody was going
to find out.
Kubby/ But we don't know yet.
Atkins/ We forgot.
Kubby/ Catching up from the holiday.
Atkins/ It is an admission that we forgot.
Baker/ There is this logical train of discussion here that begins
with that information and just sort of got derailed, right.
Nov/ Go ahead discuss it anyway.
Atkins/ We know most everything else on this issue.
Baker/ There was some talk about it being this Thursday or this
week sometime. We don't know for sure when but I certainly
hope-
Atkins/ We haven't discussed this. I can assure you we will find
out the first thing tomorrow morning and anyone who would like
a call will receive on probably.
Kubby/ Call Larry.
Baker/ It just seems like a good moment to talk about our procedure
in the near future about the Fringe Agreement. What we are
going to do, when we are going to meet, when we are going to
start talking among ourselves and or the county because if
they go ahead and approve this over our objection again, I
think it behooves us to confront this issue sooner than later.
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Kubby/ At one point we had agreed as a majority of council that if
we didn't have an agreement by January 1, 1996 that we wanted
to say that the Fringe Area Agreement would be thrown out. We
are going to play hardball and say that within the two mile
area you have to have city standards as a way of moving
discussion forward because by being non-confrontive we weren't
moving anywhere. We have the power to do that and this process
has been painstaking slow and not on our side. One instance
where we were ready to move and not talk anymore and the
county just didn't get back to us. So, I would like this also
to be an issue where we ask them to seriously consider our
objections as a sign of good faith in our negotiating and to
move that process forward sooner rather than later. I agree
with you.
Norton/ Do I understand that in the agreement that was drafted last
March, the revised agreement that was drafted last March, not
acted upon. This area would be in Area 4, now in Fringe Area
4, but would be in Area A in which RS was permitted. Is that
correct?
Baker/ Ask Karin to straighten that out.
Franklin/ That is generally correct. It would be in Area A and the
recommendation was that the zoning density be RS-3 which is
one dwelling nit per three acres and that clustered
development would be encouraged and in the actual draft it is
required.
Norton/ So it will still be inconsistent to some extent?
Franklin/ Yes, it would be inconsistent in terms of the plat or the
concept plan that has been submitted. The density is met by
the concept plan that is submitted but the rezoning request to
RS is inconsistent with the draft.
Kubby/ In our last discussion among council members in December,
didn't we say that for especially Area A for residential
development that we wanted to negotiate having a Sensitive
Areas Ordinance kick in.
Franklin/ I don't know if there was a majority of the council that
was behind that position. I think there was clearly a majority
that felt strongly about the concept of clustered development
in this area and that that should be a requirement of
subdivision platting here.
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Kubby/ I would like to go back to the record that we talked about
last night on that one because I felt differently at that
meeting. I thought that there was a majority there.
Baker/ I don't remember it that way, Karen, that there was a clear
majority that would like to have the Sensitive Areas Ordinance
to that agreement in that area.
Norton/ I listened to those discussions. I didn't hear sensitive
areas. I certainly heard clustering.
Baker/ I don't think I ruled it out but I didn't personally commit
myself at that time. I'm still thinking about it because I
want to talk in depth.
Nov/
I do remember that the purpose of clustering was to protect
wooded areas and ravines. That was certainly the intent but
not to apply the entire Sensitive Areas ordinance. We are
disagreeing with the supervisors on this simply because they
are treating it as a guideline and we are treating it as a
contract which must be held to.
Kubby/ Well, our objections would still be here even if we had an
agreement that followed the proposed new one.
Norton/ I understand. I also note that of course that this has
happened before because there is RS on three sides of this
area now. So the problem has just been further exacerbated.
Thornberry/ How many houses constitute a clustering?
Franklin/ There is no definite number. It is more a pattern of
development rather than a number. But the idea is that the
individual lost on which the houses are placed are smaller
than what one might typically find in a rural subdivision. So
that you are looking at a maximum lot size of 1 to 1.5 acre
maybe as opposed to 3 to 5 acres and the remaining area then
is in open space and is a common space. Generally that type of
development required less in terms of extensions of street
because the houses are closer together. But they are still
farther apart than what you would find within a subdivision
within Iowa City.
Nov/
Also clustering could allow a single septic system rather than
individual ones for each house. It could allow for a single
well rather than individual ones for each house. So there are
development advantages and environmental advantages of
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F011696
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clustering but we are still talking.
Baker/ Well, depending on the decision of the board or regardless
or the decision of the board, could we get on the next
informal agenda an item as a time to talk about this by
ourselves two weeks from last night.
Nov/ Well, we can. There is no reason why we cannot.
Baker/ If the majority of council wants to at least start a
discussion among ourselves in two weeks, we probably will have
a decision.
Thornberry/ Why can't we maybe discuss it with the county?
Kubby/ We have been. I mean, Naomi-
Nov/ We did discuss ~t with the county and they are still talking
about the same way that they were talking months ago. I didn't
hear anything particularly new and we just said look, if you
don't want to accept what has been proposed, write up a new
agreement that you can support and hopefully they will do that
and we will all get back together and discuss it.
Baker/ Did you ask them to have that agreement by a certain time?
Nov/ No, I don't think we did.
Franklin/ This council, of course, has not discussed a Fringe
Agreement position. And so what we have been working on has
been the position of the previous council. I think there are
two options. Either you schedule something for our work
session coming up, as Larry has suggested. Or you wait until
you get something back from the county.
Kubby/ I prefer not to wait because last time we waited we waited
six months or more and I am not interested in that time frame.
Baker/ Unless they have a date specific with a response coming to
us that is soon, I prefer not to wait also.
Norton/ I share Larry's concern that we talk about it among
ourselves before we meet with the- To get our wit's together.
People should understand that I think what we are concerned
about is that this kind of development in the immediately
outside of Iowa City adds to traffic and all the other
problems that the city then has to deal with. They should
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F011696
#6i page 5
understand that it is not just being stubborn. It creates real
problems for the city.
Nov/ Karin, would you be willing to talk to R.J. Moore and ask for
a date about when we can expect to hear something?
Franklin/ Sure.
Baker/ (Can't hear) Some idea whether there is going to be a date
then we can- Naomi can talk to us about putting it on the
agenda.
Nov/ We will check with staff about how many other things we have
to be on the agenda in two weeks. If there is room on the work
session, I think we should do it.
Kubby/ I guess I prefer a different strategy whereby we decide what
our time frame is and ask the county if they could feel
comfortable meeting our time frame. To say we are going to
discuss this, we would like to-
Baker/ But that requires that we are- that this group of seven, has
a consensus.
Norton/ Are we going to try to attack this while we are dealing
with the budget?
Baker/ Unfortunately, Dee, yeah.
Thornberry/ Which Saturday will that be?
Norton/ I offered up a bunch of Saturdays. I didn't hear.
Nov/ I think that what you were asking, Larry, is the work session
on the 29th, two weeks from last night.
Franklin/ So, shall I see if the county can have a response back to
us prior to that session on the 29th?
Nov/ Yes.
Kubby/ I mean, essentially they haven't changed their position. We
already have a memo from Charlie Duffy outlining the board's
position. So, if they haven't changed their position we know
what their position is and we can still move forward.
Baker/ And understand from Naomi's note that they are raised the
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F011696
#6i page 6
possibility of some sort of zoning interpretation panel and I
have all sorts of questions about that.
Kubby/ I thought they didn't like layers.
Nov/ The composition of the panel was discussed by not decided and
I am not even sure if such a panel can do anything more than
recommend and at that point-
Baker/ Unless it is something like the Board of Adjustment which
has quasi legal status and able to just settle issues. I am
not sure- We could talk about that.
Norton/ I just don't see the virtue of pushing the county to
respond to this particular action before we start dealing with
it. I just think they should respond when they are ready.
Nov/ Well, let's just ask for a date and tell them that we are
planning to try and move it along.
Franklin/ So, I we planning on a discussion on the 29th? If your
agenda allows it we are planning on a discussion on the 29th?
Nov/ Unless the agenda is filled with too many other things.
Franklin/ Okay.
Nov/ Okay.
Baker/ Naomi, I would appreciate it when you start working with
Steve to put that agenda together contact us and maybe there
would be things that council members might be willing to de-
emphasize.
Nov/ Well, I wasn't concerned about council members de-emphasizing.
I was concerned about what kinds of things were absolutely
essential in terms of timing or other reasons.
Baker/ But sometimes we have things on the agenda which are not
sort of time specific. This seems more time specific than
others. You are absolutely right. There are things we have to
do regardless of which bodies are up here and they will be on
there.
Nov/
I was thinking that this new panel that I wanted to create
would give us very much the same kind of system as when we
disagree with the P/Z Commission, we have to get together. I
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F011696
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could see us getting together pretty often.
Baker/ That might not be workable.
Nov/ All right. Do we need a vote on sending this letter
this a roll call or-
Karr/ Simply motion. All in favor, please say aye- (ayes).
and is
Okay.
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F011696
#7 page 1
ITEM NO. 7 -
PUBLIC HEARING ON PLANSt SPECIFICATIONSt FORM OF
CONTRACTt AND ESTIMATE OF COST FOR THE HIGHLi%NDER
AREA SANITARY SEWERr LIFT STATIONt AND FORCE MAIN
PROJECT,
Nov/
We could use a little explanation on this one. Who is here?
Rick- Before we get the public involved, will you explain what
is going on.
Fosse/ Sure, if you recall a few months ago we had a study done
looking at our various options on how to invest this money in
the sewer project out there. What we concluded is the best
option was to construct a new lift station down by the creek
by Highway 1 there with the sanitary sewer extending to the
southeast and open up that service area and then with a force
main going from the lift station back to the southwest to an
existing force main across the interstate. Does that help?
Nov/ And the tap on fee is to be paid by those who are hooked into
this particular sewer extension?
Fosse/ Yes.
Kubby/ So do the tap on fees reflect the total cost including the
cost of going out for bond council and every cost?
Woito/ Yes.
Fosse/ Interest and the works.
Kubby/ Good.
Baker/ So that $348- is reimbursed a 100% by the tap on fees?
Fosse/ Yes and the amount of money
fees is much higher than this
engineering fees, legal fees,
tap on fee.
that is reimbursed by tap on
$348,000 because interest and
everything is factored in the
Baker/ So this tap on fee is the same thing as an impact fee,
right?
woito/ No. It is a site specific sanitary sewer ordinance that we
passed in 1990. It is very similar but we calculate based on
acreage.
Baker/ But the legal philosophy is the same based upon your benefit
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F011696
#7 page 2
(can't hear).
Woito/ Yes, definitely.
Nov/ Okay. This p.h. is now open. Anyone who would like
this item? No one. Okay. P.h. is closed.
to discuss
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F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 11
ITEM NO. 9 -
q.'
PUBLIC HEARING ON THE PROPOSED RATE INCREASE FOR WATER AND
WASTEWATER FEES.
Comment: This public hearing is being continued from the City Council
meeting of December 5, 1995 and is to receive public comment for or
against the proposed water and wastewater fee rate increase. Water fees are
proposed to increase by as much as 30% for billings on or after March 1,
1996. Wastewater fees are proposed to increase by as much as ~'% for
billings on or after March 1, 1996.
Water and wastewater rates were last increased for billings on or after March
1,1995. Water fees were increased 24% for minimum usage of up to 200
cubic feet and 40% for usage beyond 200 cubic feet. Wastewater fees
increased by a flat 35% for all rate blocks.
The City Council directed staff to increase rates for both water and
wastewater over time to accumulate cash totalling 20% of the estimated
project costs and use that to decrease the size of bond issue, thus saving
interest costs on the bonds.
ITEM NO. 10 -
Estimated total project costs (including inflation, one year's debt service
reserve and bond issuance costs) are $54,147,000 for water and
$37,981,000 for wastewater (revised based on recent wastewater bid, the
original estimate was $49,197,000). These projects will be completed over
the next five years.
Based on fee increases of 30% for water and ~/o for wastewater, the
impact to the average residential user (usage of 700 cubic feet per month)
is an increase from $33.88 per month to $41.77 per month.,~_~,~
CONSIDER AN ORDINANCE ANIENDING TITLE 3, CITY FINANCES TAXA-
TION AND FEES, CHAPTER 4. SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES. (FIRST CONSIDERATION).
Comment: The proposed ordinance increases rates for wastewater by lj~%
effective on bills issued on or after March 1, 1996. The rate increases as
proposed will be applied as a flat increase across-the-board to all existing rate
blocks and minimum charges.
Action:
#9 page 1
ITEM NO. 9 - PUBLIC HEARING ON THE PROPOSED RATE INCREASE FOR
WATER AND W~STEWATER FEES.
Nov/
I declare the p.h. open. Do we want to
presentation on this. Tell us what all we
of this money.
start with a staff
are doing with all
Arkins/ We can give you- I think there are in the narrative here,
pointed out that the rates reflect a 20% cash accumulation.
What we can do is give you sort of a summary of the projects
that are being financed and see if that will help you out and
we can answer your questions. We will start off with waste-
water. The projects that we are going to show you are in
compliance with respect to the wastewater facilities; in
compliance with the current DNR schedule. That is one we
received just a couple of months ago. As a reminder to some of
the previous council members, we have again appealed that
decision. We have not heard back from the DNR concerning that
project or the change in the project schedule. In its simplest
terms so you understand this project, the wastewater facility
construction schedule would take us through the year 2000. In
December of the year 2000 we would in affect have the project
finished. The first contract is the South River Corridor and
is simply the name of the interceptor project that connects
the two wastewater treatment plants. That contract was awarded
in December of '95 at an estimated cost of-
CHANGE TAPE TO REEL 96-9 SIDE
Atkins/ That project. There is also moneys for relief sewer
construction in some of our residential neighborhoods. And
follow up to the 1993 flood, we obviously learned a great deal
about what neighborhoods were going to be prone to the high
water problems that we experienced at that time. Those
projects have also been incorporated into that contract. A
second contract is Napoleon Park pump station. You are
familiar with the girls' softball complex in Napoleon Park. It
is, at that location, we would build the pump station which
the sewage would find its way to Napoleon Park and then be
pumped from there over to the sewage treatment plant for
treatment. We would hope to award that contract later this
year at an estimated cost of $5 million. And then the final
contract is the actual treatment plant improvements. We would
hope and our plans have been that we can award this contract
at the time we would be building the water treatment plant,
hopefully gaining the benefit of two major construction
projects for bidding purposes. That is estimated, again, in
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F011696
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the year 1998, we are letting $13,500,000 at about a two year
construction schedule. That is the wastewater treatment major
capitol project. Please keep in mind that the rates also
support the general operations of our wastewater treatment
system as well as we issue debt on somewhat of an irregular
basis but for other wastewater capitol projects not directly
related to the satisfaction of the DNR's requirement. For
example, the Abbey Lane Sewer which you saw last evening is
estimated at $800,000 depending upon the option that you
select. We have an anticipated the $800,000 within the
borrowings and therefore we will decide that at that point in
time. Also the east Iowa City area trunk sewer which is near
a proposed industrial park at the corner of Scott Blvd and the
highway. That is wastewater.
Kubby/ So in two of the proposed wastewater increase of 15%, is
that rate increase reflect the lower than expected bids for
connecting the north and the south?
Atkins/ Yes it does, yes.
Kubby/ So it would have been what?
Atkins/ It would have been at least 18%. That estimated
construction cost on the first contract, I don't remember the
number exactly, but it was in the $20 million plus. We saved
about $5 million on that particular bid. Secondly, something
that I would hope that I would hope you would plan to award
tonight is that we are taking in house the construction
management and that was estimated to be $2.3 million and in
these project estimates we have reduced that to $1.1 because
we are going to take that construction inspection in house.
Those are two major savings incorporated into this.
Kubby/ So the rate that is being proposed, the 15%, reflects the
reality as we know it.
Atkins/ At this very moment, yes it does. As that reality and the
rest of it beyond that becomes-
Kubby/ The parameters that we have outlined.
Atkins/ It represents the savings and the bidding savings and
taking the construction management in house.
Kubby/ Okay.
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F011696
#9 page 3
Atkins/ Next is the water projects and there are three phases to
the water projects some of which you will recognize very
quickly and I will move through these because you have already
decided them. Silurian Wells 1 & 2 and observation wells and
pump testing is under way. You have awarded that contract. The
Jordan Well, you have awarded that contract. The second phase
is the ground storage reservoirs. That is on your agenda this
evening for award. The raw water piping. I am going to skip
the sanitary sewer extension and the Silurian Wells 3 & 4 and
the gas pipeline relocation and pond stabilization are all
being designed. You also have on your agenda this evening is
the Iowa River Power Dam transfer of ownership to the city.
That is phase 1 project schedule is $5.4 million. Then we move
onto the next phase of the water facilities. Again, please
keep in mind that this operates very similar to wastewater.
That you have to have a rate schedule that allows the
operation of the water system and at the same time there area
capital projects that come along not directly related to this
large scale project. Phase two and phase 3 I think are pretty
straight forward. Again, we are getting into out years into
the latter part of '97 & ~98. These are all components of the
overall water project and the last phase which we anticipate
that we would award at some time during the year '99 or 2000
is the actual treatment plant itself. So that is it in a
summary. This is the schedule adopted by the previous council
and amended with the cost savings that have occurred since
that time.
Kubby/ Do we have a copy of that with the amended number?
Atkins/ No, you do not.
Kubby/ Can we get a copy of that?
Atkins/ I will do that. We have prepared that for tonight. We will
get that to you.
Thornberry/ Steve, is both the wastewater and the water plant, I
didn't know that they had both been approved by council.
Atkins/ Yes. The general construction schedule, Dean, has been
approved by council. At the time when we were putting it all
together, we tried to set up a schedule to allow both of them
to occur at the same time with the two big projects coming
together at the tail end. Please keep in mind that the water
project is independent of wastewater. Very different. It does
not have the same regulatory requirements that the wastewater
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F011696
#9 page 4
does. So they are very different. Council did give us
direction on it and that is how the schedule was developed.
Thornberry/ How are the wells doing?
Atkins/ we only have the one and that well is not producing the
amount of water that we anticipated. The other two are simply
in the process right now of being put together and we will go
back in the spring to do what corrective work we have to do.
Baker/ That has to wait until spring?
Atkins/ Yes, we are better off to wait. At least that is what we
have been advised. It is better off.
Thornberry/ If we continue this and we pass all the rate
structures, when can we see better water?
Atkins/ The anticipated time of turn on of the new water treatment
plant is sometime around the year 2001. However in phase 1 of
the water project, as soon as we put together that raw water
piping, if I am correct, Ed, we will be able to pick up some
of the well water and get it down to the current treatment
plant. So there will be some of the new source of water piped
through our current treatment plant.
Kubby/ And pressure will be better because of the-
Atkins/ And then there is all the peripheral issues and that is
correct, Karen, the pressure throughout down will change and
our obligations I think, for example, lagoons. We are not
permitted to take our (can't hear) and put in directly back
into the river. Once those lagoons come on line, capture that
sludge and thereby also not unlike our wastewater system, we
will be improving the quality of our river.
Thornberry/ A couple of more questions on this water. When we
increase the pressure through these pipes, are the pipes going
to hold it? We have got breaks in the pipes going on every
week now.
Atkins/ We always had- A system as old is ours, there is no doubt
we are going to have breaks. I couldn't tell you the exact
number. That sounds awful technical and I think I going to
send it to one of those in the audience. I can tell you from
experience in another community I served, we changed our water
source from well to Lake Michigan. This was on suburban
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#9 page 5
Chicago. And found that the water was so much colder, we were
blowing pipes all over town and I assume there is some risk to
that but I don't know how to calculate that for you. Maybe
Chuck can help you.
Schmadeke/ Breakage is more a factor of temperature than is our
pressures. We do have wide pressure variation now on our
system. Pressures vary from 110 pounds to 40 pounds depending
on what part of the city. With the new system, those pressures
will be more uniform, probably between 60 and 80 pounds
throughout the community. That in and of itself will help the
pressure situation.
Arkins/ Wasn't there something also, the Jordan well, because that
water is warmer than our other sources of water. We can take
that water directly from the source and because of its warmth,
mix it with some of the others, particularly in the winter
time, to help manage that temperature.
Schmadeke/ It helps with the treatment process more.
Kubby/ So you don't have to let the water sit as long to get to the
right temp to treat it.
Schmadeke/ Colder water is harder to treat than warmer water.
Thornberry/ How clean are these water pipes? I mean if we are
putting good water through these old old pipes, is it going to
deteriorate the quality of water as it goes through the city
pipes.
Schmadeke/ Initially when we switch over to the new system,
primarily I think because of the softening affect, we will
have some leaching of the iron deposits that are on the pipes
currently for a short period of time. We are somewhat
concerned about that and working on ways to minimize that.
Thornberry/ What do you mean leaching?
Schmadeke/ There is iron deposits on the inside of the pipe now and
when we soften water that will have a tendency to pull that
off the pipe wall.
Thornberry/ Did you say soften the water?
Schmadeke/ We are going to soften the water with the new plant.
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F011696
#9 page 6
Kubby/ But it is not going to be like soft soft like you would if
you had a water softener in your house.
Schmadeke/ That is right.
Kubby/ We are softening it but it is not going to be soft.
Thornberry/ I understand there was a conversation between the city
and the University about supplying the University our water
and they declined the offer?
Atkins/ Yes.
Thornberry/ Because it wasn't soft enough?
Atkins/ I don't know of that, Dean. I can tell you that the
previous council ask that we talk with the University which we
did do and they made a decision and that decision was they did
not feel it was in their economic interest to hook up because
we were thinking about the use of their site, incorporating in
our plant, doing a number of things. I can only tell you they
told us nOo As far as the softening issue, I don't think their
water quality is dramatic different than ours. They have done
some investment in treatment and we can't because of a larger
scale and the site restrictions we have. But, for example,
they have the same problem as lagoons. They don't have any and
they are going to have to find a way to get rid of that water
sludge and I can assure you they will be knocking on our door
then.
Kubby/ Are we anticipating that in our lagoon design to have the
capacity to deal with-?
Atkins/ Yes we are.
Kubby/ And they will pay for that.
Nov/ They do have a newer water plant.
Arkins/ Yes, it is newer.
Nov/ They don't have the kinds of problems that we have.
Atkins/ And they did do some recent investment, 4-5 years ago. But
there was a variety of issues. There were management issues
whereby we had assumed that we would take over the plant and
of course that meant employment circumstances that they would
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F011696
#9 page 7
have to deal with.
Kubby/ I had one more scheduling concern in that part of the reason
accumulating cash was an advantage besides the savings in
money for interest was that we could phase the project so that
we could have more local labor used. If we end up on purpose
timing the large capital improvement of the both new
facilities, isn't that negate part of the advantage that we
saw?
Atkins/ There is a risk in doing that and when I talked with some
of the local folks about that, they did not appear overly
alarmed and I would tell. you that that is a goal in the year
2000. I think we have to be very very realistic about whether
we can get there. That is our plans to get us to that point.
I am not uncomfortable about that. That doesn't mean that we
might take the project and find some other way of carving it
up. Bidding it the same time, as you know from the last go
around, a dramatic difference. We had 11 bidders from
basically all around the midwest. We are hoping to create the
same kind of bidding circumstances in the future.
Kubby/ Maybe it is down the line, I realize, but still it is-
Atkins/ It is a concern° We spoke with representatives of the
Chamber of Commerce about getting local business folks
involved. I encouraged them to be subcontracts. I talked to
the local labor unions. We are trying to make it as much as a
community project as we can. All we can do is hope for the
best.
Nov/
Anyone else would like to talk about this project? Though we
have deviated for a while, the p.h. is still on rates. I said
we deviated for a little while but the p.h. that we have
called is rates. Okay, thanks.
Ed
Barker/ The last six weeks I have provided you with a
considerable amount of information, maybe more than what you
like to read, in an attempt to provide you with information as
you proceed in making a decision on the increase in water and
wastewater rates. The purpose, of course, is to select the
very best rate structure possible. My understanding in talking
with staff members that all of the various cash accumulation
proposals beginning last June, all were cased on the same
construction type schedule. Completing the project at the same
time no matter which procedure you selected. So, it seems the
structure of the price is not going to be determined by the
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F011696
#9 page 8
time schedule of construction. That is all reasonably well set
and it appears that you are progressing very well in all of
these areas and there is perhaps one area to be concerned
about. Now you have been working on a cash accumulation
process and you have appeared to grab hold of the 20% concept.
Now if the construction schedule on all of these proposals are
the same, it seems logical, at least to me, that you would
pick a rate structure that provides a least amount of increase
to the rate user and that is not the 20% alternative. But it
appears to me in looking at these that it is a 10% for water
and 15% for wastewater. And to illustrate that, I have
provided you with information yesterday that shows, unless I
am missing something significant, shows that what the savings
would be, again, using the same construction schedule of the
10 & 15% water -wastewater accumulation versus the 20% that
rate pays. It would save over the first seven years $10.5
million in total water bills. That is a conservative estimate
in that I used 21,000 family units. In checking with 2-3
office today, yesterday and today, I discovered it is more
close-it is closer to 22,500 family units. This does not take
into consideration the savings that will be generated by the
business community and the industrial users. And the other
thing that I have suggested you do is to use a 6.5% on the
bonds. Water bonds are currently selling for 5.35%. six months
ago they were 5.49%. These are Water Revenue bonds. I
understand what you have on your agenda next is calling them
GO bonds and they, I believe, come in at slightly less than
that. Now, if I am understanding the reason that you haven't
had detailed data on these two things is that you have not
requested that from the city administration and it seems to be
that based on all the scenarios that you have before you, that
at least arouse your curiosity a bit to see what would happen
under those scenarios. So I would like to suggest that you in
your discussion later on this evening on this seek the answers
to two questions. 1-Are the schedules for completion of
construction reasonably similar no matter which of these
procedures you select and 2-If that is the case, which I think
it is, what rate structure provides for that and also provides
for the least amount of rate increases. Now when you ask that
question, I think you will find the answer will be the 10 &
15% and that is what I want to leave you with this evening and
I am going to give you a lot of materials. That you find out
the answer to those two questions as you proceed in making a
decision on the water and wastewater rates. Thank you for your
attention.
Kubby/ Don, I have a question. If we accumulate less cash and have
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F011696
#9 page 9
the same time frame, that means we have to have more years of
water rate increase. We have to stretch the nunfoer of years we
have increases out. Isn't that correct? Or have bigger
increases to cover the interest costs?
¥ucuis/ You would have to have- What you would do is you would sell
more bonds so your total cost with interest would be higher
over the life of the project.
Kubby/ So how could choosing that option save us money if we are
paying more interest?
¥ucuis/ I way the rate structure- Maybe I can answer it this way.
The way the rate structures are set up, we need to accumulate
cash to make a dollar payment six years from now. We don't
want to accumulate that cash. You are still going to pay for
Project 1 and Project 2 and the third project will be
predominantly paid from bonds and you don't need to generate
that cash over the five years to make that cash payment in the
5th or 6th year. So your bond payments are going to pay for
the project costs. Your rates in the future years will
probably be a little bit higher. But the rates in the first
several years will be lower because you are not accumulating
that cash.
Kubby/ The timing of when the rates are higher. What we are looking
at is having them kind of go up a little steeper to save money
in the long run.
¥ucuis/ Correct.
Norton/ How much additional bonding would we have to do if you took
the 10% water and 15% wastewater that Mr. Barker has been
talking about, roughly? Would we have to issue new bonds
somewhere down the line?
¥ucuis/ The other items on the agenda tonight are to authorize to
issue bonds for certain projects. It is not authorization to
issue those second phase and third phase bond issues. But if
we were going to- When we did the analysis back in June of 5%,
10%, 15%, 20% and 25%, the difference in the amount of bonds
issued in the 20% and the 10% was an additional $9 million in
bonds approximately. And based on- I believe we are looking to
pay off $10.7 million in water, accumulated cash in water
revenues in the year 2001. Rather than accumulating cash we
would have to issue the same amount in bonds. So your interest
costs and it was the intent of council with that 20% scenario
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F011696
#9 page 10
was to save money totally, including interest. You are not
just looking at the project costs but how much interest are we
going to pay.
Norton/ But isn't Karen's point true then that there would be a
debt obligation that extended well beyond longer than what we
now plan because we didn't have so much up front money?
Kubby/ Or you have higher rates.
Norton/ Yeah, higher rates, one or the other.
Atkins/ Not longer but higher. We are just borrowing more money.
Kubby/ Directly opposing viewpoint of what Ed is saying. Ed is
saying that we can borrow more money and have it cost less and
I don't understand that logic.
Nov/ Well, I understand the logic. Is the savings part of the rate
payers expense over the next six years or is the savings the
future city's expense for interest after those first six
years. Who is saving what is the argument.
Norton/ And who has been saving in the past as well with low rates
up until now.
Nov/ True, yes. Is there anyone else who wants to talk about this.
Is there somebody in the audience before we get to our
discussion? I would like to give the public a chance to talk
in the p.h. and then we can close it and we can ask Don
questions. Is there anyone else? Ed Barker, okay.
Barker/ I have the June memo that gives these rates and the reason
that I stopped in the year 2002 in my materials I gave you
yesterday, it was not to mislead you as to what was going to
happen later on. Under the 15% scenario, year 2000 is the
last, this is on wastewater, is the last increase in both the
15% and the 20% accumulation. It is 0, 0, 0, 0, 0 after that
because at that point you rate structure has gotten to the
point where it generates enough money each years to retire the
bonds in a timely manner. In some of the other ones, just to
illustrate that that-they stop doing it there because it is so
far out that it is hard to predict and I understand that. But
there is in one of the scenarios in year 20005 of the
projected 5% increase. So, it appears from the materials that
I have received from the city that your fears of increased
rates later on, which are along ways away, are perhaps
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F011696
#9 page 11
unfounded. And I believe the same thing is true on the water
projects. That they stop at the year 2001 as far as increases
are concerned and are 0 thereafter° However there has been a
slight revision since June in the 20% one, I believe, which
does show a decrease and you will notice in the materials
yesterday I had that decrease in there.
Baker/ Ed, can I ask you a couple of questions and you have
obviously done a lot of work on the math of this. I don't want
to over simplify this but if you have a project that costs X
number of dollars, the more money that you can apply up front
to that project, the less you have to finance and the more you
will save at the end. Is that too simple?
Barker/ Apparently it is because I was surprised when I put these
numbers together to find this out. Why borrowing more costs
less. It is- I think part of it could possibly be the, I don't
know if it is or not- We give a lot of thought to that. The
debt coverage reserves or ratios, I don't know if that has any
affect on it or not. But I don't understand it myself. All I
know is that you carry out all of these as far as the horizon
and the 15% and 10% combined save the rate payers, in my
judgement unless I am missing something, $10.5 million or
more.
Kubby/ Something is missing here because that doesn't make economic
sense. I guess I would like to hear from our staff what is it
that we are missing in this conversation?
Nov/
We are missing which rate payers are saving this money. Are
the rate payers saving the money this five years or the five
years after 2001 when the rates go down?
Kubby/ I think there are some other reserve questions as well.
Yucuis/ If I am understanding the comparisons of savings, Ed is
talking about the savings to the rate users out there and they
are going to pay less over the next 6-7 years because rates
will be lower. When I am talking about savings, I am looking
at the cost of the project plus interest compared to if we
sold bonds completely for the project. The interest costs
added onto those would be much higher than if we funded 20%
cash-
Kubby/ We are talking maybe a 20 year period.
Yucuis/ I think we are talking two different things of savings.
Thisrepresents only areasonably accuratetranscription ofthslowa City council meeting of Januau 16,1996.
F011696
#9 page 12
am talking on the project. Ed is talking the users out of
pocket cost.
Kubby/ But there is a relationship and so then it is indeed a
matter of timing of looking at the next seven years and
looking at the next 20 or 25 years depending on the life of
the bond issue. But in the long run people will pay less
whether I am here or not. The citizens.
Norton/ With the 20% accumulation.
Atkins/ They will pay less.
Kubby/ I am sure I will be here. Maybe not here but-
Baker/ And that was the way I tried to plan it as simply as
possible. I mean you have two different approaches of buying
a product.
Norton/ Well, I wanted to ask Don, why wouldn't under Mr. Barker's
proposal, why wouldn't the logic of his position suggest that
you should not raise the rates at all and that you just do it
without any accumulation at all? Don't have any accumulation.
Bond it all.
Arkins/ That was debated.
Norton/ That would minimize rates-the increases currently, wouldn't
it in the short run?
Atkins/ That was debated.
Nov/ It would spread the increases over a long period of time and
in smaller increments.
Lehman/ I think though and I noticed in the staff's proposal in the
year 2002 we show a rate adjustment of a decrease of almost
11%. I think if we do what Mr. Barker is talking about we will
not see those rates decreases. We won't see perhaps the peak
as high but we are not going to see the rates come back down
because we got to pay off that long term debt. Somebody has
got to pay the fiddler.
Norton/ It is just who, that is right. I think Naomi is right. What
cohort takes it.
Nov/ Which water users pay more than the other group? That is all.
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F011696
#9 page 13
Baker/ I guess I want to make one last stab because I admit math
and pipes are not my bailiwick but it does seem like the
approach that council has taken up to this point has, for the
life of this project, the life of the payment of this project,
we will end up spending less money this way by the end of our
payment schedule.
Atkins/ That is correct.
Thornberry/ However, the rate payers will pay more in the short
term. Seven years.
Baker/ More now.
Lehman/ Less later.
Norton/ Isn't it going to come down to making an adjustment for
next year? I think you were talking about this, Ernie. That it
is going to come down to making some decision about the next
year and then hammering away on this again trying to figure
out kind of this logic on subsequently when the reality of
what we get with the water.
Lehman/ Well, Dee, I guess maybe at the p.h., maybe this isn't the
place for this but I noticed Ed's proposal shows a $39.09 rate
for 1996 with 10% cash, $40.49 or $40.46. The proposed city is
$41.20. We are talking about a difference of about $1.50 or
$2.00 and I guess my inclination is to go forward with what we
have told the city staff we wanted to do and then re-visit
this because I am not at all sure that I can buy the total
proposal that we put together. Maybe there is something that
we can do to make it more palpable. But I think the thing to
do now is to go forward and put it in place and then look at
this when we have more time to do it.
Arkins/ Please keep in mind that you are making a generational
decision. That is clearly what you are doing. The current
plant is 100 years old and so it is going to be there for
sometime.
Nov/ It is more like four generations.
Atkins/ Rates can be changed at anytime. Inflation can't. Inflation
is going to gobble you up every year. You can't go back. I
mean it hasn't gone backwards from when I can remember.
Kubb¥/ The reality is we need to revisit this every year.
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F011696
#9 page 14
Arkins/ Yes you do and I think you should.
Kubby/ Saying that is truly no matter what your viewpoint on the
accumulation of cash is because we do rate increase one year
at a time to adjust for the evolution of the project and the
financial situation out there in the market.
Nov/ We also have to adjust for our maintenance and operation kinds
of increase and we do that every year. We all have talked for
a long time about a price discount for people of low income.
We haven't yet done it but it is in the works for people
need it. We hope it will be in place by the first of March.
Atkins/ I would hope that you would be able to approve that by the
next meeting. We have it drafted so you can it for discussion
purposes.
Baker/ We have also talked about a water tap on fee or impact fee
comparable to our sewer impact fee which we discussed earlier
tonight.
Atkins/ And that has been drafted also.
Baker/ And I am assuming that the council
to talk about that, whether or not
continue that discussion.
is still- Maybe we need
this council wants to
Norton/ I don't think we need to do that tonight.
Atkins/ There are two issues. The low income policy, you simply
have to decide what the frame work, the guidelines, are going
to be. The tap on fee, we don't have the ordinance- Linda
gasped a little. We don't have the ordinance. We have the
basic principle, the frame work around which if you like this
idea then we will put the legislation-
Baker/ Linda needs to hear again from the new council that indeed
that is what we want to do.
Atkins/ Yes.
Nov/ Right, we need to do that. Is there anything else before we
close the hearing?
Baker/ Ernie raised a point which is part of a question that I was
going to ask Don. So if I could- I don't know if anybody else
is out there. Ed Barker, you know, might want to speak. I have
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F011696
#9 page 15
a specific question about the rates as presented to us. The
difference between 15% accumulation and 20% accumulation. And
I am looking at this chart we were given of various ranges. I
don't know, Ed, do you have a copy of this-5, 10, 15, 20%. I
am looking at water now just as an example. I want to make
sure I am reading this correctly and this is more for the
publio as much as anybody else. The difference-I am looking at
the difference between the 15% and the 20% cash accumulation
and there are certain assumptions built in all of these about
bond costs and projected inflation and stuff like that. But
the difference between 15 and 20 % the way I read it is almost
$4 million. We will accumulate $4 million more with the 20%
accumulation than the 15% accumulation. Is that correct?
Yucuis/ Correct.
Baker/ And to achieve that, just looking at the rate for this
coming year, is the difference between, and water only, the
30% rate hike versus the 25% hike which is a difference for
the average user $.71. A long run $4 million more, a short
term a $.71 difference on the average for water only and then
it increase comparably on up the line to the year 2000 where
it's $36 for water, we accumulate 20%- 33, 43, about a $2.50
difference. Ernie's point about the difference between the hit
that the consumer takes, 15 versus 20, it is relative and it
is objective. But is it a substantial hit? Is it worth the
accumulation. The assumption I worked under was that
difference in the monthly rate was worth it to achieve the end
result.
Kubby/ The savings. $4 million in savings.
Baker/ You are right, it will cost you more per month to accumulate
more money but everybody shouldn't assume they are paying the
full $4 million. I am reading that correctly. That is the way
the figures work out. Okay. Assuming that all of your other
assumptions are valid and we are going to talk every year
about this.
Nov/ Absolutely.
Baker/ Thank you.
Barker/ Just very briefly. For the record, you heard your Director
of Finance say it would take less money out of the pockets of
the rate payers under the 15-10 proposal.
Thisrepresents only ereasonebiy accurate transcription ofthelowa City council meeting of Janua~ 16,1996.
F011696
#9 page 16
Thornberry/ How much, Ed?
Barker/ It would take less money out of the pockets of the rate
payers.
Norton/ Which tax payers? Over what period of time?
Barker/ This six-up to the 2002.
Kubby/ We understand that.
Barker/ That
million
leather
amounts to, Ernie, you say it is a small amount. $10.5
over that seven period could be spent down at some
goods store.
Lehman/ Ed, I am talking about past the year 2000. We have to pay
for the whole project.
Barker/ Past the year 2000. Based on the figures provided by the
city. In both same columns, rate changes are 0, O, 0, O, 0. In
the June 17 scenario. And the other one, the recent one, that
he made for the 20% after the bids came in later, there is
another 5 and two 5% reductions, I believe and if the
projected, the 15%, that same reduction would probably come
into play. But I just want to make it clear that from every
figuring that I can do and it seems logical, not
understandable really, that the 10 and 15 one in the seven
years down the line comes up with the least amount of rate and
getting the job done at the same time.
Kubby/ It kinds of looks like there was a clarification of the
clarification to me.
Yucuis/ I just wanted to point out the report that we have been
looking at is the June 30th report presented to council and at
that meeting several council members pointed out that how come
the rates don't go down after the year 2000 and 2001.
Subsequent to that meeting we presented a report that said
yes, the rates will probably go down. If you accumulate cash,
no matter which one, your rates will probably go down after
the year 2000 or 2001. And even in the presentation that we
made on December 1, a similar chart with just 20% cash we show
rates going down in future years. I just wanted to clarify
that because we have been dealing with this for a year and a
half and the reports kind of get blended together and which
report we go to. We have to make sure we go to the right
report and we have been basing it on a 20% accumulation of
Thlsreprosents only areasonably accuratetranscription ofthe Iowa City councilmeetlng of January 16.1996.
F011696
#9 page 17
cash. And going back to the June report we made several
clarifications from that point forward.
Kubby/ The most recent ones shows that it is different after the
year 2000, 10, 15 and 20. Or actually we just left it after 15
and 20.
Nov/ Okay.
Karr/ Do you wish to accept correspondence?
Nov/
Moved and seconded (Thornberry/Lehman) to accept
correspondence. All those in favor say aye (ayes). Okay.
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F011696
#10 page 1
ITEM NO. 10 -
CONSIDER AN ORDINANCE AMENDING TITLE 3~ CITY
FINANCES TAX~TIONi%ND FEES~ CHAPTER 4. SCHEDULE OF
FEES~ RATES, CHARGESv BONDS~ FINES AND PENALTIES.
(FIRST CONSIDERATION).
Nov/ Moved by Kubby, seconded by Norton. Discussion.
Thornberry/ Now this is wastewater only, is that correct?
Nov/ This is wastewater only. Hearing no discussion, roll
(yes). The ordinance has passed first consideration.
call-
Thlsrepresentsonlyarea$onablyaccuratetranscriptlonofthelowa Ci~ councllmeetlngofJanue~ 16,1996.
F011696
Agenda
iowa City City Council
Regular Council Meeting
January 16, 1996
Page 12
ITE~ N0.11-
ITEM NO. 12-
CONSIDER AN ORDINANCE AMENDING TITLE 3, CITY FINANCES TAXA-
TION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES, SECTION 3-4-3 POTABLE USE {FIRST
CONSIDERATION).
Comment: The proposed ordinance increases rates for water by 30%
effective on bills issued on or after March 1, 1996. The rate increases as
proposed will be applied as a flat increase across-the-board to all existing rate
blocks and minimum charges.
Action, ~--~/~~ ~ ,~
GENERAL OBLIGATION BONDS OF IOWA CITY, IOWA.
Comment: This public hearing is being held to receive public comment for or
against the issuance of up to t~6,200,000 General Obligation Bonds in order
to provide funds to pay costs of improvements and extensions to the
Municipal Water Utility. The $6,200,000 project cost includes the construc-
tion of four Silurian and two Jordan Wells, ground storage reservoir
renovations, Iowa River Power Dam renovations, gas pipeline relocation,
pond stabilization work, engineering costs for design and bid specifications,
and one year debt service reserve and bond issuance costs. Actual sale of
the bonds is tentatively scheduled for March or April, 1996.
Action:
ITEN1 NO. 13 -
CONSIDER A RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF $6,200,000 GENERAL
OBLIGATION BONDS.
Comment: This resolution states that the City Council does hereby institute
proceedings and take additional action for the sale and issuance in the
manner required by law of 86,200,000 General Obligation Bonds. The Clerk
is authorized and directed to proceed on behalf of the City with the sale of
said bonds, to select a date for the sale thereof, to cause to be prepared
such notice and sale information as may appear appropriate, to publish and
distribute the same on behalf of the City and otherwise to take all action
necessary to permit the sale of said bonds on a basis favorable to the City
and acceptable to the City Council.
Action: ~ ~
#11 page 1
ITEM NO. ll -
CONSIDER AN ORDINANCE ~ENDING TITLE 3v CITY
FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF
FEES~ RATES, CHARGES, BONDS, FINES AND PENALTIES,
SECTION 3-4-3 POTABLE USE (FIRST CONSIDERATION).
Nov/ Moved by Baker, seconded by Vanderhoef. Discussion.
Lehman/ Naomi, I think it is important that and I think we all
agree but I think the public needs to know that we really will
re-visit this every year. So whether or not we may support an
increase for one year. It does not necessarily mean that we
increase the proposed rate increase for the year 2000.
Nov/ It does not. We can decide on a zero increase next year if we
had chosen to do so.
Thornberry/ Say for example just as an example, we put forth a
referendum for a 1% city sales tax just to pay off the water
plant or a portion of that for the water plant. When could
that realistically come to the city voters?
Atkins/ If you had a November referendum, I suspect you would be
collecting the revenue after the first of the year. I mean it
doesn't take long, Dean, to do that.
Baker/ You would know by the time you started your rate discussions
for next year whether or not you had that as an option to
consider in your rollback or whatever.
Nov/ It would require either a special election or it could be a
referendum at the same time as the general election in
November '96.
Lehman/ I don't think it can be the same as the general.
Nov/ It cannot be the same as the city general but I think it can
be the same as the other general election.
Woito/ I think that is right, Naomi.
Norton/ It would be in the fall. In any event, it could be in the
fall.
Woito/ Or you could call a special.
Nov/ If someone called a special election they could call it in
June if they wanted to.
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F011696
page 2
Baker/ We would have to pay for it regardless of whenever it was.
Nov/ That is true, too.
Baker/ Even though it is with the general election we are still
paying for it.
Nov/ You still have to pay for that ballot.
Thornberry/ Does it cost as much to have it in November during a
general election?
Kubby/ Because you have precinct workers who are already there. You
have got the ballot that is already been printed. You just pay
for the additional line printing versus a whole ballot. So it
is less expensive.
Nov/ The workers are there and the machines are there. Yes, it is
less expensive.
Thornberry/ And we will definitely have something for the low
income housing people for these water rates?
Atkins/ We will propose a policy.
Norton/ I trust that will include an option for people to
contribute if they want if they can on utility bills.
Atkins/ It is going to be your policy. You can put whatever you
want on it.
Nov/ We could put a check off on the utility bill and people can
add a dollar or two. No reason why we cannot.
Thornberry/ Until that policy is in place, I am going to vote
against this rate increase because I don't think the people
that can least afford it can afford a 30% increase.
Kubby/ Although our timing that we have asked for so that when we
pass and adopt this ordinance, the resolution that outlines
the low income policy will also be passed that same night
after we pass and adopt. So using that logic you cannot- The
policy will not be in place before we pass and adopt but at
the same time we pass and adopt this ordinance.
Nov/ The intention was to have it in effect come March 1, the same
time the rate increase goes into effect. Okay.
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F011696
#11 page 3
Kubby/ So last year about this time we were talking about a 40%
increase for water and 35% for wastewater. I had voted no and
I voted no because we really didn't have our financial package
in place and we hadn't really finalized all the other
technical aspects. They weren't as firm as they are now. And
I will be voting for this rate increase because now we do have
that plan and we have talked about the balancing of a whole
lot of values that are high values that are in conflict and
some of those values are protecting the public health in terms
of having clean water, environmental protection in terms of
making sure that what we put back in the river is not
contributing to environmental pollution of the river and
trying to balance the financial capability of individuals and
industry in this community to pay for all of these things. So
we are balancing all of that out. That is how we came up with
the 20% cash accumulation and the time frame. Many of us
wanted to build the plant as soon as possible so that people
could be drinking clean water, as clean a water -
CHANGE TAPE TO REEL 96-10 SIDE 1
Kubby/ Estimation financially feasible for this community to do
that over the long run and that we were willing to say and it
was a very difficult decision that we are willing, each one of
us, to feel that pain in the short term to have the longer
term outcomes and part of the down side of that for me is
clean water is coming a little later than sooner and the
environmental protection is happening later than sooner. But
I was willing to do that because of the finances. It makes a
lot of pressure on our Water Plant folks, especially because
of the facilities in which they are providing as high a
quality water as they can under the circumstances and are
doing a great job. So I think we have done a really good job
of balancing all of these conflicting values out. At the same
time we have implemented a really good conservation program
that is available to people. We will be doing low income
policy and I hope this council will agree to do that impact
fee. The one thing that we haven't really talked about that I
hope will be part of the discussions during the next year is
something that Naomi actually brought to us. She gave us an
ordinance that actually seems really complicated and I
wouldn't want to go that far. I think it was for Portland,
Oregon. That had a lot of difference ways or difference
categories of users paid different kinds of fees and I would
hope that we would choose to look at that a little bit. Right
now, people living in apartments that are classified as
commercial on the tax rolls are paying will feel it in a
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F011696
#11 page 4
different way because of the meter size and maybe or maybe
not- we need to talk about that because it does impact
renters. The high value of mine to make sure that people can
afford in Iowa City. So, I hope that we can over the next year
struggle with some of those issues as well.
Baker/ Can I just get some clarification? I want to ask Dean a
question. Is you only objection, Dean, the lack of a low
income policy right now? I agree I would like to have that in
place and this council can certainly, if they wanted to,
require that the third vote on this thing coincide with the
vote on the low income policy.
Kubby/ We have already done that.
Baker/ I want to make sure that that is clear. That that is what we
are going to do.
Nov/ That is what we are going to do.
Thornberry/ I am just saying until that is in place I am not going
to vote for it. So when that is in place, I will vote for it.
Baker/ So if we vote a third time the same night that we vote for
a low income policy, you are willing to change your vote.
Thornberry/ Yes, I am.
Baker/ Okay.
Kubby/ So we should put it on the agenda so the low income policy
is first on the agenda so Dean can do that. I mean that is
usually not how we would structure things but to accommodate
Dean's concerns I think we should do that.
Baker/ That is a fair concern.
Thornberry/ I pay a lot of water bills. In my business I use an
awfully lot of water and I am willing to take that rate
increase to get this. I am willing to pay it now so that they
don't have to pay it later and I am willing to pay more now so
that they won't have to pay it later. I won't be in business
when it goes down. I am also looking at an additional cost
that we are going to be incurring by what I heard from Mr.
Schmadeke regarding the water pipes in Iowa City. We are going
to be replacing water pipes after this plant is activated and
we are also going to be paying more staff as I understand from
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F011696
#11 page 5
the December meetings indicating there will be more staff
involved. But I don't want the low income people put out on a
limb that they can afford to make their rent payment or they
can't afford to make their utility and that is why I am going
to vote against it tonight but will vote for it when that part
of it is for sure.
Baker/ And just a procedure question. That low income policy
requires p.h. or not?
Kubby/ It is a resolution.
Council/ (All talking).
Nov/ It is our decision and it is probably going to be on that 29th
agenda. We may need that time.
Baker/ We may need to have a long meeting.
Nov/ We may.
Baker/ I just don't want to have two of them.
Norton/ I just want to add a comment that I'm uncomfortable that we
are still in this situation. I am going to support the
ordinance but I certainly think we need to revisit it very
rapidly and very deeply. We shouldn't be in such disarray in
terms of precisely where the money is coming from, from whom,
and over what period of time. I think that is unfortunate but
I knew we have to do something now and the council has worked
on this for over a year. We need to get moving and get back to
it just as fast as we can and in great depth.
Kubby/ I mean I feel like we have gotten the information that we
requested from staff and that the reason it may seem like we
are unclear is that we have been trying to give Mr. Barker a
very fair hearing, to listen to what he has to say, to
question what we are doing again which I think is a very
legitimate part of our process and in that re-questioning and
re-thinking sometimes you need to go over things again and
again and I am glad that we took the time to do that. It's
more fair to the community and to Mr. Barker to do that even
though he may not like the outcome.
Nov/ Any further discussion?
Baker/ Just a last thing. I think Dean has a very legitimate point
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F011696
#11 page 6
about the low income policy and I want us to have it done with
this. I would have also preferred that we had a water impact
policy in conjunction with this as well but we are not going
to be able to do that on this time schedule.
Kubb¥/ You sound like Mr. Throgmorton.
Baker/ I beg to differ°
Kubby/ No, I like that.
Nov/ His voice is much deeper.
Nov/ Roll call-
Lehman/ One more question. Don, just one more question. How does
this materially differ from what you presented to us a year
ago?
Yucuis/ It is not a big change.
Lehman/ It is about the same thing. This is really about-
Yucuis/ One of the changes that is in here is looking past the year
2000-2001.
Lehman/ But this is the plan that we adopted a year ago because I
hear people say that- You, for example, that we have cleared
up a lot of things. This is exactly what we did last year. It
is what we told the city what we wanted to do.
Kubby/ I am saying that we have been asked to re-think the long
term part and that we have done that. But for the short term
it is the same plan. Okay.
Lehman/ Thank you.
Nov/ Any further discussion?
no) .
Roll call- (6/1,
Thornberry voting
Karr/ Madame Mayor, for the record you will have
consideration on both of these ordinances at a special
meeting next Tuesday evening.
second
formal
Nov/
Right, we will do that because we do not want to collapse
readings on an ordinance as important as this and also because
we are going to have a meeting anyway to discuss the budget.
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F011696
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The first consideration will be tonight. Second consideration
one week from tonight, third consideration two weeks tonight
and with the third consideration two weeks from tonight we
will have a resolution on low income policy. A reduction in
rates for people who have various incomes.
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F011696
#13 page 1
ITEM NO. 13 -
CONSIDER A RESOLUTION INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF
$6~200,000 GENERAL OBLIGATION BONDS.
Nov/ And we are going to say that these bonds will be brought back
to us. We will vote yes or no. All we are doing now is saying
that we plan to issue bonds. We need a motion.
Moved by Norton, seconded by Baker. Any discussion? Roll call-
(yes).
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F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 13
ITEM NO. 14 -
ITEM NO. 15-
PUBLIC HEARING ON THE ISSUANCE OF $28,000,000 GENERAL OBLIGA-
TION BONDS OF IOWA CITY, IOWA.
Comment: This public hearing is being held to receive public comment for or
against the issuance of up to $28,000,000 General Obligation Bonds, in
order to provide funds to pay the costs of improvements and extensions to
the Municipal Sanitary Sewer Utility. The $28,000,000 project cost includes
connecting the North and South Wastewater Treatment Facilities, engineer-
ing costs for design and bid specifications, one year debt service reserve and
bond issuance costs. Based on the most recent bid for one phase of the
project, the estimated amount of bonds to be i~sued will be closer to
$19,000,000. The actual sale of the bonds is tentatively scheduled for
March or April, 1996.
Action:
CONSIDER A RESOLUTION INSTITUTING
ADDITIONAL ACTION FOR THE
OBLIGATION BONDS.
PROCEEDINGS TO
TAKE
ISSUANCE OF $28,000,000 GENERAL
Comment: This resolution states that the City Council does hereby institute
proceedings and take additional action for the sale and issuance in the
manner required by law of $28,000,000 General Obligation Bonds. The
Clerk is further authorized and directed to proceed on behalf of the City with
the sale of said bonds, to select a date for the sale thereof, to cause to be
prepared such notice and sale information as may appear appropriate, to
publish and distribute the same on behalf of the City and otherwise to take
all action necessary to permit the sale of said bonds on a basis favorable to
the City and acceptable to the City Council.
Action:
#14 page 1
ITE~ NO. ~4 - ~UB~ZC HEARIN~ ON T~E ISSUANCE OF ~28,000,000
GENEBAL OBLIGATION BONDS OF IOWA CITY~ IOWA.
NOV/ Declare the p.h. open. Declare the p.h. closed.
Baker/ Naomi, can I ask a question, a clarification. Maybe it is
relevant to the next item in particular but this $28 million
is predicated on the rate increase we just started to approve?
Yes or no.
Arkins/ The rate increases that you just approved support-
Baker/ Had to be in place to support this?
Arkins/ You must have your rate in place or don't bother selling
bonds. Okay.
Baker/ This $28 million versus $19 million, 33% difference on
those. That is a reasonable expectation?
Nov/ Well, the bid came in very low and we are also giving
ourselves the opportunity to sell Water Revenue bonds. We are
giving ourselves two choices here and we may choose to sell
much less than $19 million in GO if we sell some Water bonds
as well.
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F011696
#15 page 1
ITEM NO. 15 -
CONSIDER A RESOLUTION INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF
$28~000,000 GENERAL OBLIGATION BONDS.
Nov/ Moved by Vanderhoef, seconded by Baker.
Thornberry/ I would like to say one thing. Before we-this is the
last part of this so. The basis or quality of life in any city
is having good water and good sewer. The roads we can drive
around pot holes. You can do a lot of things. But if you don't
have good water and good sewer, that don't have a good city
and this is the best city I have lived in in my entire life
that that is why what brings people to iowa City is the
quality of life here and this is very very important that we
have these things, the basis for our community.
Nov/
Any further discussion? Okay, we are all obviously thinking
Iowa City is the best place to be and that is why we are here.
Roll call- (yes).
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F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 14
ITEM NO. 1 6-
ITEIVI NO. 17 -
ITEM NO. 18-
CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED FINANCES,
TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES, SECTION 3-4-5, LANDFILL
USE FEES (SECOND CONSIDERATION).
Comment: A public hearing was held December 19, 1995 to receive public
comment on the proposed change in Landfill use fees. The State of Iowa
changed the state fee per ton from $4.25 to $3.75. This fee is included as
part of the Landfill use fee. The City desires to incorporate the reduction in
the state fee ($.50) into the total Landfill use fee and use it for the special
cleanup program. The total Landfill fee remains the same at $48.50 and
$53.50/ton. Staff is recommending expedited action on this ordinance by
collapsing the second and third considerations into one reading.
CONSIDER AN ORDINANCE A~ENDING TITLE 14, ENTITLED UNIFIED
DEVELOPMENT CODE, CHAPTER 3, CITY UTILITIES. (First Consideration)
Comment: The proposed ordinance changes the meter required section from
a refundable fee to a non-refundable fee, adds language to the code that
allows access to meters, shut off valves and stop boxes of account holders
and allows discontinuance of service if access is not allowed.
Action:
CONSIDER AN ORDINANCE AMENDING THE MOTOR VEHICLES AND
TRAFFIC CHAPTER TO CLARIFY THAT BICYCLES MAY BE LOCKED TO
PARKING METERS WHICH ARE EQUIPPED WITH BICYCLE RACKS. (Second
Consideration)
Comment: This past summer the city conducted a pilot program for bicycle
racks attached to parking meters. The pilot program was successful and the
use of parking meter bicycle racks is going to be expanded. The proposed
ordinance amendment is recommended to make it clear that bicycles can be
locked to parking meters equipped with a bicycle rack.
Action:
#16 page 1
ITEM NO.
CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED
FINiqNCES, TAXATION ANDFEES, CHAPTER 4, SCEEDULE OF
FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES,
SECTION 3-4-5, LiqNDFILL USE FEES (SECOND
CONSIDERATION),
NOV/ Moved by Kubby, seconded by Lehman that we waive second
reading. Any discussion? Roll call- (yes).
Moved by Kubby, seconded by Lehman that we do third
consideration at this time. Roll call- (yes).
Kubby/ Excuse me, Naomi. It seems like someone in the audience
wanted to say something about that item.
Nov/ Well-
Kubby/ Is there concurrence on council to allow-
Nov/ Yeah.
Steve Smith/ I am a resident of Iowa City. I apologize for not
being more informed as to the place we were in the roll but
frankly I am not having the best chance of hearing everybody
here and it might be something to think about regarding
turning the volume up a little. But to go to the question at
hand regarding item #16, I come to the council this evening in
that this special $.50 reduction from the state as my
understanding is because the city has achieved certain
recycling goals that the state has mandated and in that whole
conversation regarding achieving goals the state has also
suggested to those who don't achieve those goals that they
impose a penalty such as per bag or per gallon of a dollar.
This turns out in our own mail the other day we did get notice
that those of us who are unable to meet the two bag goal will
in fact be tapped with a fee for bags above two and I was
wondering- I am not aware of what the thinking was to previous
to this discussion because as you recall yesterday was a
holiday and I was unable to call the city to find out some of
the previous thinking that had gone in regarding this two bag
question. But it would be my urging that the council consider
wholly that there are numbers of people in this community who
do have more than just or two people per household and in that
respect it would be difficult for all members of the community
who have larger than one or two members of the household to
come up with this two bag minimum. And without taking further
time out of the council at this point, it would seem that I
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F011696
#16 page 2
would appreciate some input from the city as to how these
sorts of things occurred. But here is the question and in my
parliamentary listening I am not sure that this resolution
hasn't already been passed to waive the second reading. So
therefore, have we in fact postulated this question and acted
upon it?
Kubby/ We have passed incorporating the $.50 that was the state fee
into the landfill fee, the tipping fee, to be used for
household toxics.
Norton/ The horse is gone.
council/ (All talking).
Nov/ However, the ordinance as we passed it had nothing to do with
the number of bags to be collected and the fees per household.
Smith/ I understand but this seemed to be the most germane of all
the topics in tonight's meeting to address this specific
issue. Secondly, the ordinance did allow the passing of the
$°50 into a special usage fund I guess would be the word. And
in that respect there are other ways to utilize the money in
addition to special usage funds.
Atkins/ No, Mr. Smith, I am not so sure of that.
reduction was afforded to us because we
reduction in volumes at the landfill.
The $.50 was- The
met the goal of
Smith/ Yes, sir.
Atkins/ Okay, that is correct. And then the $.50, if you are
suggesting could we reduce the rates by $.50? The answer is
yes, you could and the council's decision was to put that
money into what we call, I am looking at out budget, Special
Clean Up Reserve which we use the finance the Toxic Clean Up
Day.
smith/ Yes, I understand fully.
Atkins/ Good.
Kubby/ Feel free to call me at home or come to my office hours
Thursday if you want to talk about how we got to this point.
Smith/ Thank you very much.
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F011696
#16 page 3
Norton/ I know you know my number.
Smith/ Yes, very well. I appreciate your interest.
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F011696
#17 page I
ITEM NO. 17 -
CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED
UNIFIED DEVELOPMENT CODE, CHAPTER 3, CITY
UTILITIES. (First Consideration)
Nov/ Moved by Lehman, seconded by Norton.
Thornberry/ I have a question.
Nov/ By all means.
Thornberry/ On the information that we received about this, see if
I am right. No problem, Naomi.
Nov/ Chuck Schmadeke knows-
Thornberry/ Chuck know, too. On these, see if I have got this
right. This has to do with not being able to get- I think this
is later. Not getting into the meters, to see the meters or
whatever. This is that?
Woito/ Yes.
Thornberry/ What is someone-What if these meters are locked and the
owner of the apartment complex gives the city a key. Are they
then not responsible for that area?
Schmadeke/ The city you mean?
Thornberry/ Yeah, the city.
Woito/ It is a balancing act. It is a balancing act because the
city really needs access to the meter and the meter is the
city's and we have been having a lot of trouble getting access
for the meters. But yes, I mean, to the extent that a meter
reader could go in and trash somebody's basement. Yes, we are
going to assume the liability for that but I don't see that as
a problem because our employees are well trained and they are
honest.
Thornberry/ I don't dispute that. I am just looking at the
additional liability.
Woito/ There is a risk but I think on the whole it is in our favor.
Thornberry/ But we still need to get to the meter. We still need to
read those meters. Now whether we have a key or whether we
have somebody there when you knock, you still got to read the
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F011696
#17 page 2
meters. Some of these are down in basements. They are not all
outside where they can just walk by and read it.
Schmadeke/ It is mainly for maintenance for the meter rather then
reading. We have outside readers now but we still have to get
at the meter to maintain it.
Woito/ And there are meters that are not functioning and we can't
go into to check the accuracy so that they are all out of
whack.
Kubby/ So when there is a need to check the actual meter, we call
and make an appointment because they are inside, right? They
just don't go into someone's house. We are calling to make an
appointment so that will be arranged. They will be escorted.
Woito/ And they have refused.
Thornberry/ They have refused. So what this does is say you can
read it, you can service it. Is that right?
Woito/ And if you don't, we will shut it off.
Ed Moreno/ What we are looking at here has to do with maintenance
of the meters. Right now we are doing a meter change program
and we need access to those meters. Also it has to do with
shut offs and turn ons for people who aren't paying their
bills and we need to can the meter. If we don't have an
outside valve that we can get at to shut it off. so we are
just trying to put some language to clarify our ability to
access these meters for those reasons.
Thornberry/ Those that don't pay their water and you shut them off,
does it automatically go over into the apartment owner's name
and the apartment owner pays it or is it shut off?
Woito/ It is shut off.
Moreno/ Right. It is canned or shut off outside.
Thornberry/ Unless the apartment owner says put it into my name,
don't shut is off. They have that option. Is that correct?
Woito/ Most landlords prefer it that way.
Thornberry/ Prefer which way?
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F011696
#17 page 3
Woito/ To have it shut off if the tenant doesn't pay. It gets their
attention.
Thornberry/ Okay. How long is it from the time you
payment until the water is shut off? How-what
is that?
don't get the
length of time
Woito/ The total billing-from the time you get your bill until the
shut off is about 40 days, including a time for a hearing.
Thornberry/ Okay. And who is responsible for that 40 days that the
water is still left on once the water bill isn't paid?
Kubby/ The person who is billed.
Baker/ The tenant or the landlord?
Lehman/ The tenant.
Kubby/ The bill is still in the tenant's name in that example.
Woito/ The tenant is still responsible.
Kubby/ Whoever's name is on the bill at that time of the shutoff.
Yucuis/ The owner of the property gets involved when someone may
skip on a bill and they just leave and have an outstanding
bill and we have a couple of ways that we proceed with that.
We can go- If we have a forwarding address, we will go back
after the tenant and if that doesn't get collected, we also
notify the owner of the property that there has been a bill
that has been outstanding and the person skipped and we are
notifying them that they may end up paying that bill.
Thornberry/ The owner does get notified for at least 40 days?
Woito/ The owner gets notified of all tenant delinquencies.
Thornberry/ But that can be up to 40 days?
Woito/ No, they would get notice immediately.
Yucuis/ We will send out a notice. I don't have exact dates in
front of me but the 40 days is when we would get to the point
where we may shut off an account. We give them notification
approximately prior to the next billing. With monthly billing
it is getting a little harder to keep things straight because
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F011696
#17 page 4
we will send out a notice and then they will get another bill
and we have to- We have been trying to make sure we get those
clarified very well that you haven't paid your previous bill
and you are going to get a new bill and you had better catch
up on both of them within the due dates. But there is
notification to the- Let's take an apartment tenant. The
apartment uwner gets notified the same time the tenant gets
notified.
Thornberry/ Sometimes that is a notification that the tenant has
left. But we can discuss this later. This really doesn't have
to do with this and I don't want to take up anymore time.
Woito/ Give me a call.
Baker/ Can I ask a question that seems to be the obvious question
here that we didn't talk about and maybe it just jumped over
my pointy head. We are changing it from a refundable fee to a
non-refundable fee?
Kubby/ And increasing it. That is my point.
Baker/ We didn't even talk about that, did we?
Nov/ Well, now is your chance.
Kubby/ No, so Ed is here to explain how we are not only increasing
it but keeping it.
Baker/ I wanted to make sure that we didn't talk about it because
therefore I didn't miss it.
Moreno/ What we did is we looked at what we call ancillary fees
which are fees for services and equipment, products that we
provide and one of them is meters. Historically we provided
the meter through the Water Department and I guess what we are
looking at here is changing that so that who receives the
service or the equipment pays for it. Perhaps aligned with
some of the thinking that has been thought by the council
looking at these tap on fees and that type of thing. So that
is what we are looking at with this.
Baker/ Why was it a refundable fee to begin with? Just the way it
has always been?
Moreno/ That is the way it has been. We've given the meters out.
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F011696
#17 page 5
Norton/ Will the customer own the meter now?
Woito/ No. We will still own it.
Moreno/ What we want to do is we want to make sure that the
standards, the specifications for equipment that we utilize in
our system are at a certain level. So we will want to make
sure we manage that through the Water Division.
Kubby/ I guess I feel uncomfortable that it is going to go a non-
refundable but the city still owns it. Does this mean that if
my name or my meter comes up attached to my address that it is
timed for a change over, that I am going to be billed $70 but
I don't own the meter?
Moreno/ No, that is only for brand new construction or if I want
another like a second meter put in.
Nov/ This is our equivalent of tap on fee.
Baker/ Yeah but it is only paid once.
Moreno/ Correct. One other point on the meters is we buy and stock
meters right now and we have to have those on hand in
anticipation of new houses coming on or new businesses or
whatever that need a meter. So we not only buy them a head of
time, store them at the Water Plant but we have to make sure
that we have those available when needed. So we do buy those
in advance and that is part of the fee that we are talking
about. The fee went up because we had the cost of the meter
and plus we have added in a cost of storing those meters over
a time period.
Kubby/ It is almost like you are paying for the free rental of them
forever up front.
Nov/ That is a very good description. Before you sit down, Ed. What
is a stop box?
Moreno/ A stop box is an outside valve that is coming off of the
service line that we can shut the water off with. It is used
sometimes for maintenance. Say if there is a problem inside,
we can shut the water off. I have got a picture of one here.
Nov/ I don't need a picture as long as I have a general description
that it is a place to turn off the water outside.
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Moreno/ This here is just a- And I will bring this up here but it
just shows the stop box is a valve between the water main and
the service inside, the actual meter inside. Then there are
valves around the meter also.
Thornberry/ Isn't it usually located in the street, the sidewalk?
Nov/ Okay.
Vanderhoef/ I just like to ask about the additional water meter.
Are we still making those available for outdoors and for yard
purposes?
Moreno/ Yes.
Vanderhoef/ And what is the cost on those?
Schmadeke/ It is non-refundable also. A meter costs us about
$65.00. That includes the meter and the outside reading
device.
Yonderhoof/ Thank you.
Nov/ Any further discussion? Roll call- (yes). Okay/ This first
consideration passed.
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F011696
#18 page 1
ITEM NO. 18 -
CONSIDER i~N ORDIN~qNCE AMENDING THE MOTOR VEHICLES
iqNDTR~FFIC CHAPTER TO CL~/~IFY THaT BICYCLES MAY BE
LOCKED TO PARKING METERS WHICH ARE EQUIPPED WITH
BICYCLE R~CKS. (Second Consideration).
NOV/ And we are assuming from this that without a bicycle rack,
is illegal to attach the bike to the parking meter?
Woito/ Yes.
Nov/ Okay. Moved by Kubby, seconded by Baker. Any discussion?
it
Baker/ Can we do #17 & 18 next week as well? Only have to read the
description? Do the bold print stuff.
Nov/ Just the bold print stuff.
Kubby/ I think it matters how long it is going to make the meeting
that we can't do our other business.
Thornberry/ This is item #18 and we have got 33 items on the
agenda. So if anybody is tired, go to bed.
Baker/ I need to say Brad Hahn down at the C.R. Gazette office,
that does not mean you. He said he was going to watch this
meeting from his office. That is what he said.
Nov/ Okay, roll call- (yes).
Thls represents only a reasonably accurate transcription of the Iowa City council meeting of Jonuary 16, 1996.
F011696
Agenda
iowa City City Council
Regular Council Meeting
January 16, 1996
Page 15
ITEM NO. 19 -
ITEM NO. 20 -
ITEM NO. 21 -
CONSIDER A RESOLUTION REPEALING RESOLUTION 94-21 OF THE CITY
COUNCIL OF IOWA CITY AND APPROVING A NEW RESOLUTION SETTING
FORTH RULES OF ORDER FOR THE CONDUCT OF FORI~AL COUNCIL
MEETINGS.
Comment: As per Council direction on January 4, 1996, the order of
business has been changed to allow other public hearings, resolutions and
ordinances to occur prior to Council Business and City Manager & City
Attorney Business.
CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREE-
MENT BY AND BETWEEN THE CITY OF IOWA CITY, AND HOWARD R.
GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL.
Comment: This agreement authorizes Howard R. Green Company to provide
engineering services necessary for groundwater monitoring and annual water
quality reports in accordance with state and federal regulations for a period
of 3 years. This is a continuation of a standard agreement, but with a new
firm. The total cost of engineering consultant services is $40,500. Funding
will be provided by landfill revenues.
Action:
CONSIDER A RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF AN AGREEMENT WITH J. ED AND IVIARY E. FORAKER FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF BURLINGTON AND
DUBUQUE STREETS.
Comment: This temporary easement is to allow Ed & Mary Foraker to
temporarily close a City sidewalk adjacent to their property along the south
edge of Burlington Street and the east edge of Dubuque Street. This
easement is requested in order to facilitate the safe execution of construction
of a new apartment building located at 302 S. Dubuque Street and to secure
the construction site from pedestrian traffic.
Action:
#19 page 1
ITEM NO. ~9 -
CONSIDER A RESOLUTION REPEALING RESOLUTION 94-21 OF
THE CITY COUNCIL OF IOWA CITY ~ APPROVING A NEW
RESOLUTION SETTING FORTH RULES OF ORDER FOR THE
CONDUCT OF FORMAL COUNCIL MEETINGS.
Nov/ Moved by Norton, seconded by Thornberry. Any discussion?
Baker/ Are we on, I am sorry, #197
Nov/ Yes. We are on #19 now.
Baker/ Mr. Smith's appearance a few items ago made me think that he
was looking for the right time on the agenda for that
particular issue. I want to remind people that early in our
agenda is the Public Discussion and if you can't see exactly
where your item fits, go ahead and start at Public Discussion.
Nov/ We will tell you if you belong on item #19.
Baker/ We will rearrange you but you can start there. Maybe you
don't have to sit through the whole thing.
Nov/ Further discussion? Roll call- (yes).
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F011696
#21 page
ITEM NO. 21 -
CONSIDER A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT WITH J. ED ~ MARY Eo
FORAKER FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
FOR PORTIONS OF BURLINGTON AND DUBUQUE STREETS.
Nov/ Moved by Kubby, seconded by Norton.
Kubby/ We inquired last night about the possibility of having some
kind of cover and pedestrian access right along that edge of
Dubuque. Any word?
Atkins/ I asked the City Engineer who probably doesn't know that I
have asked him because the note went off to him. We will get
you an answer right away.
Kubby/ Would it change this easement at all, the use of the public
r.o.w.?
Lehman/ Probably not.
Fosse/ It probably would. If we are going to attach requirements to
this use of the r.o.w., it would change the agreement.
Kubby/ Should we defer this for two weeks or should we go-
Fosse/ If you would like to do that. Right now they are encumbering
the r.o.w. with administrative approval and the reason they
are doing that is they had deadlines by which they had to get
monitoring wells in to satisfy the DNR on that site. And to
get the wells in they had to excavate the hole first. So that
is why we gave them administrative approval to temporary close
the sidewalk until this agreement could get in front of you.
And if-
Arkins/ Rick, can we approve this, have the council approve this,
and then come back and amend it?
Fosse/ No, I think there are provisions in the agreement, and
correct me if I am wrong here, Linda, that we can revoke it
essentially at any time and then-
Kubby/ So they couldn't say I don't want to do that, you have
already approved this. I don't want to amend it so you are
stuck with this. We have the power to say- Because it is a
matter of who pays for that as well.
Atkins/ Linda has placed the attorney on notice when we talked
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F011696
#21 page 2
today that we will be coming back to them to visit about that
issue. I just have not had a chance to visit with Rick today
to find out how it can be done.
Woito/ If you can figure it out in a week or two it would be easier
to defer and then do the agreement right. I don't know how
complicated it is. You are talking about a covered canopy or
a cover?
Nov/ We are talking about using the street. Building something into
the street.
Fosse/ Oh, out into the street, okay.
Kubby/ Well, whatever it takes so that pedestrians don't
necessarily have to cross the street, especially thinking that
Capitol House in there and there are many many pedestrians
going along Dubuque in between Court and Burlington.
Fosse/ Okay.
Thornberry/ You could basically put another fence between that
fence and the street so that the pedestrians can get and stay
on that side of the street.
Fosse/ Okay, let me check into that. If
into the road, we will want to make
provides safety for the pedestrians
we actually get them out
sure that whatever we do
so that cars don't-
Norton/ Big cement barricades there. That will keep the cars away.
Fosse/ Yeah, that will do the trick is we got the width.
Baker/ Karen, was it your question or point that if we required
that we would also require them to pick up the cost of that?
Kubby/ I was just saying there is a question of who would pay for
that. If it is an additional expense, who should pay for it.
They are blocking the public r.o.w for a private purpose.
Baker/ I would think that they would be obligated to pay.
Atkins/ I made the assumption they are going to pay for it.
Woito/ Oh, yeah.
Baker/ If we would have to require-
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F011696
#21 page 3
Norton/ It is going to be construction up high so you will need a
cover. It will have to be a covered walkway.
Thornberry/ Why would it have to be covered?
Norton/ They are going to be building-They are going to go up.
Thornberry/ Depends on the setback.
Fosse/ In this instance, staff didn't see any extraordinary need
for that because there are good routes on the other side and
pedestrian crossings at each of the corners and how far that
is out of the way for the folks a block to the south, I really
don't know. But we will look into it.
Kubby/ I want to have us look into it if people agree to that.
Lehman/ I agree. The other thing is I don't know what happens when
you get to Burlington Street if you are walking down this
temporary.
Fosse/ That is something we will have to-
Lehman/ That may be the biggest problem because we have to move
them across the street.
Nov/ And we did ask whether or not they would be able to push the
button to cross Burlington Street if they were on that side
and if they were in this temporary structure.
Thornberry/ I looked at that button today and it is inside the
fence.
Nov/ Yeah, that is another concern.
Fosse/ Right now the concern is keeping the sidewalks from
sloughing in. Until it gets out of the ground we are facing a
unique problem there.
Baker/ I want to raise another issue when we get through with this
one on this project. So, if you are through with the
discussion about the sidewalk, I have another issue.
Atkins/ I think the question was whether you are going to adopt
this agreement or postpone it. That is the bottom line.
Kubby/ We can go on to Larry's issue before we do that.
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F011696
#21 page 4
Baker/ Mine is completely detached from continuance of this.
Kubby/ Well, I move we defer this item until January 30 to see if
it is feasible or not.
Thornberry/ How long can a administrative approval- How long does
that last?
Fosse/ As a rule of thumb, there is no hard and fast policy on
this. But typically if it is going to be two weeks or less, it
is an administrative approval. If it is going to be greater
than two weeks then we get it in front of council for your
approval.
Thornberry/ Can you extend the administrative approval for two more
weeks?
Kubby/ Well, we would be directing them to do that if we vote to
defer.
Vanderhoef/ I will second your motion.
Norton/ I don't quite see if the general notion is they are going
to have to go across the street any how or it gets extremely
complicated and expensive, I just as soon not defer and
proceed with what we have in front of us.
Kubby/ But we haven't really looked at it, so we don't know.
Baker/ Continue for two weeks as is.
Norton/ Okay.
Atkins/ We are not taking anything away. It is now there, it stays.
Rick tries to come up with another idea if it is possible.
Nov/
And we expect, don't we, that we are going to approve the
easement for a sidewalk before we give them a building permit?
We don't want them to really start doing anything?
Atkins/ I can't imagine that they would need a building permit in
two weeks.
Lehman/ They were pouring footings today.
Fosse/ Yes, they were.
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F011696
#21 page 5
Arkins/ We have some informal policy. I authorized a foundation
permit but it is at their risk. The developer had to place a
cash deposit on hand so if it doesn't work out, if he won't
take them out, we have the cash to take them out. The
foundation that is.
Thornberry/ We are going to defer or not defer?
Nov/ Does anyone think we can decide this next week and not defer
it all the way to the 30th? Is that important to anybody here?
Kubby/ I don't want to end up on the 23rd having 20 items on the
agenda.
Baker/ Two weeks is fine with me.
Norton/ We will just have 20 on the 30th.
Kubby/ That is what they are for.
Woito/ ~wo weeks is fine.
Nov/ Two weeks is okay. All in favor of deferring to January 30 say
aye (ayes).
Baker/ Now, Naomi, could I get some leeway from council? This is
the site of the old Costal Gas site. We had talked almost two
years about a possible hotel site. This is part of the South
Side Plan, this area. It is the block in particular we hope to
somehow preserve for mainly high intensity cormmercial and
under the current regulation Mr. Clark is able to build a I
think it is first floor commercial, three stories of
residential and he has been very good working with the city.
He has shown within his plan the elevations and they have made
some suggestions and has taken some into account. One is a
comment and one is a question. The comment is this is a very
high visibility section of Iowa City and I hope that Mr.
Clark, and he has done good work in the past on several of his
buildings, works with the staff and the public and takes into
account that that is a major structure and a place that is
going to have significant visual impact for Iowa City. That is
a done deal. He is going to do it and I think he is going to
do a good job there and I hope that the public even calls him
and expresses concern that we want something that really looks
good there if at all possible. Lord knows, he can afford it.
But that is not-that is the comment. The question is do we
want to talk, not soon, but eventually about is this going to
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F011696
#21 page 6
be a problem preserving that commercial block with the
pressures for residential there? Is there anything else that
we are going to look at? Just something to think about. I
think-
Kubby/ That tax abatement incentive.
Baker/ It may be the incentive for residential- He is not getting
tax abatement. He doesn't need it and he is going to do quite
well. I don't know what the commercial is going to be on the
first floor but he has got the money to make the up front
investment on the site that has some environmental problems
which is why the hotel didn't go up. But I don't know if this
is just an exception or if a pattern is developing down there
where we lose that block.
Kubby/ Do you want to review that a third time after less than a
year?
Baker/ I raise it as an issue. It concerns me that we might lose
the whole lot.
Norton/ There was concern it would go all residential-
CHANGE TAPE TO REEL 96-10 SIDE 2
Kubby/ On the other hand on another big project on Hieronymous
Square that it was hurry up, we need the tax abatement so we
can get going and now the tax abatement is there, ready to be
gotten and the land is sitting there. So-
Baker/ I don't think that tax abatement or parking impact, either
one of those issues determine the fate of that project.
Nov/ Moving on.
This represents only a reasonably accurate transcription of the Iowa City council meeting of January 16, 1996.
1:011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 16
ITEM NO. 22 -
ITEM NO. 23 -
?6-
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
MAYOR TO SIGN AND CITY CLERK TO ATTEST THE CONSTRUCTION OF
THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS
PROJECT.
Comment: This project involves the renovation and replacement of pumps,
motors, piping and controls together with other related work at the three
existing 2 million gallon ground storage reservoir/booster stations. Also, the
reservoirs will be emptied, cleaned and structurally inspected. This work will
improve the City's ability to control pressure and flow throughout the water
distribution system, improve distribution system reliability, and provide a tie
in for proposed feeder mains from the new Water Plant. This work will be
financed from Water Revenue Bond proceeds. The bid opening was January
9, 1996, and the following bids were received:
Wendler Engineering and Construction, South Amana, I/~624,750.00
CL Carroll Inc., Des Moines, IA $718,128.00
Teco Constructors, Bettendorf, IA $735,290.00
RM Boggs, Iowa City, IA $759,000.00
Engineer's Estimate
$780,000.00
Public Works and Engineering recommend award of the contract to Wendler
Engineering and Construction, South Amana, IA.
CONSIDER A FIESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
ENGINEERING DIVISION OF THE PUBLIC WORK8 DEPARTMENT AND THE
ADMINISTRATIVE AND AFSCME CLASSIFICATION PLANS BY ADDING ONE
FULL-TIME ADMINISTRATIVE POSITION AND TWO FULL-TIME AFSCME
POSITIONS.
Comment: Construction of the South River Corridor Interceptor Sewer is
scheduled to begin within the next several weeks and the City desires to
have on-site project construction management services provided by City
employees. "In House" construction management services for the sewer
project and the Napoleon Park Lift Station Project scheduled for letting in
June can be accomplished with the addition of a Special Project Manager and
two Special Project Inspectors. Additional information regarding project
inspection was provided in a memo from the City Manager to the City
Council dated December 14, 1995.
#22 page 1
ITEM NO. 22 -
CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORISING M~YOR TO SIGN AND CITY CLERK TO ATTEST
THE CONSTRUCTION OF THE GROUIFD STORAGE RESERVOIR
PUMP SYSTEM IMPROVEMENTS PROJECT.
Nov/
Moved by Lehman, seconded by Norton. Discussion. I have a
feeling that all of our complaints about low water pressure
are going to disappear soon.
Norton/ Along with our pipes according to Dean.
Thornberry/ Just asking a question.
Nov/ Any further discussion? Roll call- (yes).
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F011696
~23 page 1
ITEM NO. 23 -
CONSIDER A RESOLUTION AMENDING THE BUDGETED
POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC
WORKS DEPARTMENT AND THE ADMINISTRATIVE AND AFSCME
CLASSIFICATION PLANS BY ADDING ONE FULL-TIME
ADMINISTRATIVE POSITION AND TWO FULL-TIME AFSCME
POSITIONS.
Nov/ Moved by Kubby, seconded by Vanderhoef.
Thornberry/ There is not a comment on this one. I am not-I would
not like to hire. I understand the addition of these people
for the building period. I would like a sunset clause put in
there if they are a contractor or whatever so that when that
project is done, they are gone. I do not want to add people to
staff.
Atkins/ Please keep in mind that is how it is framed now.
Thornberry/ I want people to know that because I do not-
Norton/ Is that all three positions?
Atkins/ All three positions would go away. The individual who is
going to be the manager happens to be one of our inspectors.
He will be entitled to return to his current position and
whoever is in that-
Norton/ These particular positions would fade?
Atkins/ That is correct. Now, please keep in mind, if we believe
this to be successful, we may comeback to you and recommend
that further projects such as the water construction project
be done in the same way because of the amount of money. Again,
the same principle applies. I think the answer to your
question. It is like a contract employee. You are here for the
next 30 months and those employees will be informed of that up
front.
Thornberry/ And the reason we are doing that with our people is
that it is less expensive and we think they will keep our
interests more in front.
Atkins/ It is substantially
demonstrated to us in
these projects.
less expensive and these people have
the past their ability to supervise
Thornberry/ I want people to know that.
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F011696
#23 page 2
Norton/ There is still some technical (can't hear) for them?
Atkins/ There is testing requirements that require us to hire
outside firms to do that. We simply don't have that capability
and that is also built into it. And that also is by contract,
specific time.
Nov/ Any further discussion? Roll call- (yes).
Thisrepresents only 8reasonebly accuratetranscription ofthelowe Citycouncil meeting of Januaw 16,1996.
F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 17
ITEM NO, 24 -
ITEI~ NO. 25 -
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA
FOR THE TRANSFER OF OWNERSHIP OF THE IOWA RIVER POWER DAM.
Comment: The Iowa River Power Dam, located a short distance upstream
from the mouth of Clear Creek, forms a water pool on the Iowa River
upstream from the Dam to and beyond the City's New Water Supply and
Treatment Facility Site. The water pool formed by the dam is essential to
maximize water withdrawal efficiencies from the River and the adjacent
· alluvial wells, the City's primary potable water source. in addition to
providing a water pool, the Dam will be used to accommodate a new River
Trail Bridge. Since power dam maintenance and river trail bridge construc-
tion primarily benefit the City, the City and County agree the CitG should own
the Dam.
CONSIDEI~ A RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO
ENTER INTO A JOINT PARTICIPATION AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR TRANSIT CAPITAL FUNDING
FROM THE FEDERAL TRANSIT ADIVlINISTRATION UNDER SECTION 5309
OF CHAPTER 49, U.S.C.
Comment: Iowa City Transit programmed for the replacement of five (5)
transit coaches in FY96. The five-bus purchase is part of a statewide Federal
Transit Administration (FTA) Section 5309 grant application. The City has
already completed the bidding process for the five buses· The Gillig
Corporation was the low bidder with a bid of $1,129,890 for the five buses.
The Section 5309 program is now an 83% federal ($933,750), 17% local
($196,140) match program for bus purchases· The City is also exercising
their option to purchase extended warranties for the engine and transmis-
sions ($20,555) and air conditioning/heating system ($4,675). Extended
warranties are not eligible for federal funding. The total cost is $1,155,120.
Local funding is coming from the Transit Division's capital reserve fund. This
resolution will authorize the City to enter into a joint participation agreement
with the Iowa DOT and a purchase agreement with the Gillig Corporation.
The delivery date for the five new buses is May, 1997.
#24 page 1
ITEM NO. 24
CONSIDER A RESOLUTION AUTHORIZINO EXECUTION OF
AOREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND
JOHNSON COUNTY, IOWA FOR THE TI~NSFER OF OWNERSHIP
OF THE IOWA RIVER POWER Di%M.
Nov/ Moved by Thornberry, seconded by Vanderhoef. Any discussion?
Thornberry/ I think a comment that the city and the county agree.
Nov/ We did. We did.
Kubby/ Good reminder, Dean.
Norton/ Somebody said not even a dollar had to change hands here,
right.
Baker/ Read you something from this agreement. It says on page
three which I had a question about. It is understood and
agreed that this agreement creates potential obligations that
runs with the land to preserve the historic water pool level
above the dam. That is one that I want to ask you about. And
that this obligation being assumed by the city is a
specifically enforceable consideration which benefits the
county. So we are doing things for them. What does it mean
historic water pool level being maintained and what is the
financial obligations we are assuming here?
Atkins/ We are assuming a financial obligation to renovate the dam.
As you know, it has been owned by the Conservation Board and
the county, to my knowledge, has virtually put no money in the
thing in the years that I have been here and we have an
obligation to make it work effectively. We have to renovate
it. In addition to the renovation it provides us with an
opportunity to hook the trail system together because we had
to have access over the thing anyway for not only security
purposes but also for maintenance.
Baker/ Okay but the money we put into it is for our benefit.
Atkins/ Well, it is for the benefit- There are several benefits. 1-
Is that it maintains the pool of water. 2-It has a chance to
create a bicycle trail which is a recreational amenity. 3-I
would hope that it is going to be far more attractive when it
is done and put back together.
Kubby/ But we want that pool of water. That is one of the reasons
we decided to site the water plant in the area we did because
This represents only a reasonably accurate transcription of the Iowa City council meeting of January 16, 1996.
FO 11696
#24 page 2
of that pool of water.
Woito/ It is historically used for recreational purposes and that
was the reason the Conservation Board wants the pool
established forever in perpetuity for recreational purposes.
But they both serve the same interests, namely our needs and
the county's needs.
Nov/ And the fishermen's needs.
Woito/ Yes, definitely. A31d I did talk to Pat White and I added the
will have a deed by March 1, '96.
Kubby/ When we figure out some resolution to warning devices for
the dam, the Burlington Street dam, it might behoove us to do
a similar warning thing since it is used for recreation at
this dam at the same time. To think about that.
Lehman/ A no swi~ing time.
Kubby/ Like the chains by the railroad. Grab the chain and pray.
Woito/ There have been accidents there.
Nov/
Okay, any further discussion? Roll call- (yes). Resolution
passed. Ara I suppose to say that every time? Half the time I
say it and half the time I forget. I will have to turn on my
brain.
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F011696
#25 page 1
ITEM NO. 25 -
CONSIDER A RESOLUTION AUTHORIZING THE CITY OF IOWA
CITY TO ENTER INTO A JOINT Pi~RTICIPATION AGREEMENT
WITH THE IOWA DEPi~RTMENT OF TRANSPORTATION FOR
T~NSIT CAPITAL FUNDING FROM THE FEDERAL TRANSIT
ADMINISTRATION UNDER SECTION 5309 OF CHAPTER 49r
U.S.C.
Nov/ Moved by Thornberry, seconded by Norton.
Atkins/ And so you know that is not a typo, it is may of
are so far behind. We have to contract so early.
'97. They
Kubby/ But
Atkins/ We
Nov/ Good thinking.
than God it is 83/17 and not 50/50.
figured we would get it locked up as soon as we can.
Was there any further discussion? Roll call-
(yes). The resolution passed. Now, I hate to do this to
Marianne but I am seriously thinking about standing up for
awhile. No, there isn't much left. We will go on.
Baker/ I just, you know, I think that Dee Norton, Dean Thornberry,
Dee Vanderhoef owe the public the public an apology. You
people were elected to make these meetings shorter.
Thornberry/ The first meeting we got we are going to push it to
midnight here.
Norton/ It was predicted that I would be making ponderous.
Baker/ Dean is going to make it explosive. You are going to make it
ponderous and you are going to be thoughtful, okay.
Nov/ And Marianne Milkman predicted 11:00 and she was right.
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F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 18
ITEM NO. 26 -
CONSIDER A RESOLUTION AUTHORIZING AND APPROVING FUNDING FOR
A PROJECT TO PROVIDE HOUSING FOR WORKING PERSONS LIVING
ALONE (SINGLE ROOM OCCUPANCY HOUSING).
Comment: On January 4, 1996, the Housing and Community Development
Commission (HCDC) by vote of 6-0 recommended that 9127,000 in FY95
CDBG and HOME funds be reallocated to this project. A memo regarding this
project has been included in the Council packet,
ITEM NO. 27 -
CONSIDER A RESOLUTION AUTHORIZING AND APPROVING FUNDING FOR
THE GREATER IOWA CITY HOUSING FELLOWSHIP TO ACQUIRE TWO
UNITS FOR AFFORDABLE RENTAL HOUSING.
ITEM NO. 28 -
Comment: On January 4, 1996, the Housing and Community Development
Commission (HCDC) by a vote of 5-0-1 (Eastham abstaining) recommended
that 940,000 in FY95 HOME funds be reallocated to Greater Iowa City
Housing Fellowship for the acquisition of two units for affordable rental
housing, This allocation completes the City's required set-aside for FY95
HOME funds to a Community Housing Development Organization (CHDO).
A memo regarding this project has been included in the Council packet.
Action:
CONSIDER A RESOLUTION AUTHORIZING AND APPROVING FUNDING FOR
THE GREATER IOWA CITY HOUSING FELLOWSHIP AND THE HAWKEYE
AREA COMMUNITY ACTION PROGRAM FOR OPERATIONAL EXPENSES.
Comment: On January 4, 1996, the Housing and Community Development
Commission (HCDC) by a vote of 5-0-1 (Eastham abstaining) recommended
that 935,000 in HOME funds be allocated to Greater Iowa City Housing
Fellowship and by vote of 5-1 (Eastham voting no) that ~ 10.000 be allocated
to the Hawkeye Area Community Action Program for operational expenses.
A recommendation from staff regarding these allocations is included in the
Council packet.
#26 page
ITEM NO. 2~ -
CONSIDER A RESOLUTION AUTHORIZING AND APPROVING
FUNDING FOR A PROJECT TO PROVIDE HOUSING FOR
WORKINS PERSONS LIVING ALONE (SINGLE ROOM OCCUPANCY
HOUSING).
Nov/ Moved by Kubby, seconded by Baker. Any discussion?
Kubby/ Let's move on it.
Nov/ Okay, roll call- (yes).
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F011696
#28 page
ITEM NO. 28 -
CONSIDER A RESOLUTION AUTHORIZING AND APPROVING
FUNDING FOR THE GREATER IOWA CITY HOUSING
FELLOWSHIP AND THE HAWKEYE AREA COMMUNITY ACTION
PROGP,~M FOR OPEBATIONAL EXPENSES.
Nov/ And the staff recommendation was $30,000 for the Housing
Fellowship and $15,000 for HACAP.
Norton/ $30,000 - $10,0000 wasn't it?
Nov/ 30-107 No. Okay, I said it right the first time. The staff
recommendation was $30,000 and $15,000. Do we need a motion?
Moved by Baker, seconded by Lehman.
Kubby/ I will be abstaining from voting.
Nov/ Would you like to explain?
Kubby/ I am going to abstain from voting because I am the council
appointee to the HACAP Board and even though the City Attorney
said it is not a legal conflict, I feel like it is a conflict
because I have both parties interests in mind. So I also
decline from voting at the HACAP end when there are city funds
involved.
Nov/ Is there any further discussion of this?
Vanderhoef/ Marianne, did we get an answer to my question from last
night?
Milkman/ In typical HUD fashion I got sort of an answer. It was a
qualified no. Basically I could only get something out of the
regional office in Omaha and the answer was that yes, you can
use HOME funds for assisting tenants to get into a project and
you could help them a little bit once they are in. But it is
not intended as a ongoing source of funding for support
services. They are going to check further with Washington to
see whether that it their final decision.
Vanderhoef/ Okay, thank you.
Baker/ This is one where I listened to discussion last night (can't
hear) about the rationale and condition on this recommendation
and seemed very reasonable to me. Very thoughtful and I feel
comfortable supporting their recommendation.
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FO 11696
#28 page 2
Norton/ What is before us, their recommendation or the $35?
Baker/ 35/10 is in front of us.
Norton/ 35/10 is what is before is, isn't it?
Baker/ Which is their recommendation.
Nov/ Someone said last night that they would like to amend it.
Norton/ That is the Commission's recommendation, not ours. Staff's
is different. The Commission's recommendation is there, okay,
fine.
Nov/ And there was a council recommendation to do a third thing. So
if somebody chooses to amend, we can vote on the amendment.
Thornberry/ Well, I don't think I had a whole lot of support last
night on my 30/10 but I will bring it up again. I would like
to have a 30/10 instead of the 35/10 and hold back 5.
Nov/ Contingency for future FY?
Thornberry/ Yes.
Nov/ All right, you have moved this amendment, we need a second.
Lehman/ I would second it.
Nov/ Okay, is there any discussion on amending this to give $30,000
to the Housing Fellowship, $10,000 to HACAP and put $5,000
into contingency?
Baker/ Just, once again, I think the Commission had a very solid
explanation on why they advocated what they did advocate and
I don't see any benefit at this time to hold back $5,000 for
a contingency thing though I like the concept of it. This
particular case it doesn't seem to be compelling.
Norton/ I feel the same way. I don't see any pint in second
guessing at this point. The Commission and the staff
presumably talked with the Commission and the Commission still
came down $35-
Nov/
Well, the only reason I can see that we may need the
contingency fund is for the SRO housing. They may need more
support services and we just can think about whether or not we
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F011696
#28 page 3
want to do that kind of thing.
Baker/ Is there another source of funding for that contingency?
Kubby/ They can come into the proposal process for HCDC to apply
for CDBG moneys next year.
Norton/ I assume the Commission would have considered that
possibility or that need as well in their deliberations.
Kubby/ I don't think that it would be prudent to decrease the total
amount of money.
Nov/ Marianne, do you have any further clarification on any of
these ideas?
Milkman/ No. I think the staff sticks with its recommendation for
the reasons that were stated. One is not so supply the entire-
almost entire shortfall for GICHF from the federal funds
because I think it sets a bad precedent. That is going to be
the source to make up any shortfall that they may have in
operating funds. And secondly because I think that it is
really vital that there be adequate support services for HACAP
for those 18 units at Broadway Street.
Thornberry/ That is why I kind of like the cush- Use it where it is
needed. Either one of those.
Baker/ Marianne, those two reasons that you just talked about. They
were things that you discussed with the Commission?
Milkman/ No, they were actually not discussed with the commission
at the Commission meeting. The staff did not provide them with
a recommendation.
Baker/ So you made a recommendation after they made their
recommendation?
Milkman/ Right but I informed them of it.
Kubby/ So we also just heard tonight that it is very iffy whether
we can use this $5,000 of HOME moneys if it goes into the
contingency for the $RO Project. But that is iffy. So if that
is the reason people are doing it, it is an iffy connection.
Baker/ I am a little bit concerned that also we are getting two
different recommendations but the recommendation we get from
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F011696
#28 page 4
the Commission was made without- I don't want to misinterpret
what you just said. But without a staff recommendation and
your recommendation came after they had their deliberation.
And now we are being presented with two different
recommendations.
Kubby/ Yes.
Thornberry/ One was a 30/15 and the other was a 35/10.
Baker/ I would have preferred is staff had a recommendation- I
don't know how the process works exactly but the Commission
were allowed to take that into consideration before they made
theirs.
Milkman/ We did discuss it with Linda Murray and I think as she
stated last night, she felt herself, and she felt the
Commission would not be upset or would not consider this a
terrible deed by staff.
Kubby/ But the amendment before us is to have it be 30/10 which is
not either of the Commission's or staff's recommendation. Is
that right?
Nov/ That is the amendment before us.
Norton/ Playing games in the dark a little bit.
Nov/ We can discuss this amendment which is before us or we can
vote.
Baker/ I can say I am prepared to vote.
Thornberry/ Let's vote.
Nov/ Okay. We don't need a roll call, right?
Karr/ Not on the motion to amend.
Woito/ You have to vote on the motion to amend.
Nov/ The amendment is a voice vote. All in favor please say aye.
Karr/ Could we see a show of hands. There are 4 (Nov, Thornberry,
Lehman, Vanderhoef-yes; Baker, Norton-opposed; Kubby-abstain).
So the motion does carry. So now we have a vote on the
resolution as amended.
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F011696
#28 page 5
Nov/
Tile amendment has four yeses. We now have the resolution
before us at 30/10 and $5,000 for future use however it is
legally usable. It is in contingency at this point. We are
voting on this resolution as amended which is $30,000 in HOME
funds to the Housing Fellowship, $10,000 to the HACAP, right?
Okay. Roll call- (5/1/1- Baker- no; Kubby-abstain).
Baker/ I want to make sure my vote is very clear that it is not a
refection on both agencies. It is about the fact the amendment
was flawed to begin with.
Norton/ I manage to carry water on both shoulders.
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F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 19
ITEIV] NO. 29 -
ANNOUNCENIENT OF VACANCIES.
a. Current vacancies.
(1)
Civil Service Commission - One vacancy for a six-year term
ending April 1, 2002. (Lyra Dickersoh's term ends.) (1 female
and 1 male currently serving on the Commission).
(2)
Planning and Zoning Commission - One vacancy to fill an
unexpired term ending May 1, 2001, {Eric Engh moved out of
state,) {3 females and 3 males currently serving on the Commis-
sion,)
(3)
Riverfront and Natural Areas Commission - One vacancy for an
unexpired term ending December 1, 1998. {Jessica Neary
resigned.) (4 females and 6 males currently serving on the
Commission.)
These appointments will be made at the February 27, 1996, meeting of
the City Council.
b. Previously announced vacancies.
(1)
Airport Commission - One vacancy for a six-year term ending
March 1,2002. (Howard Horan's term ends.) (Four males and no
females currently serving on this commission).
(2)
Historic Preservation Commission - Two vacancies - one at-large
and one a Brown Street District representative - for three-year
term ending March 29, 1999, (Terms of Sue Licht and Kay Irelan
end,) (two females and three males currently serving on this
commission),
(3)
Broadband Telecommunications Commission - two vacancies for
three-year terms ending March 13, 1999. (Terms of Cordelil
Jeppsen and Roger Christian end.) (One female and two males
currently serving on this commission).
(4)
Human Rights Commission - One vacancy for an unexpired term
ending January 1, 1997. (Ken Gatlin resigned.) (Six females and
two males currently serving on this commission.)
These appointments will be made at the January 30, 1996, meeting of
the City Council.
Aganda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 20
ITEIVI NO. 30 - CITY COUNCIL APPOINTMENTS
I1) Consider an appointment to the Historic Preservation Commission for a
representative of the Moffitt Cottage Historic District for a three-year
term ending March 29, 1999. (This is a new position) (4 females and
3 males currently serving on this commission.)
Action: %~
(2) Consider an appointment to the Parks and Recreation Commission to fill
an unexpired term ending January 1, 1999. (Council Member
Vanderhoef's position.) (3 females and 5 males currently serving on this
commission.)
(3) Consider a recommendation of the Johnson County Board of Supervisors
that Nancy English be reappointed to the Riverfront and Natural Areas
Commission as a representative of the County for a three-year term
ending January 1, 1999.
Action: ,,~.~--~
ITEIVI NO. 31 -
CITY COUNCIL INFORMATION.
#31 page
ITEM NO. 31 - CITY COUNCIL INFORMATION.
Nov/ City Council Information.
Norton/ I will restrain myself.
Kubby/ I won't. There are a couple of things that are coming up
that are timely that I don't want people to miss. Tomorrow
actually, January 17, River city Housing Cooperative is having
an open house at their new home called Summit House for now at
200 South Summit Street. It is on the corner of College and
Summit. This is really exciting for me personally because I
used to live at River City Housing Collective in a house on
Washington Street and I have lived in coop housing for 15
years until recently and it is exciting to me as a council
member because here is a private non for profit group using no
public moneys, increasing the stock of affordable rental units
by 16 in one shot and a very beautiful structure that was a
sorority house. I am very excited about it and hope people
come. That is again, happening tomorrow, January 17, from 4:30
to 6:30 at 200 S. Summit Street.
Nov/ And your speech is at what time?
Kubby/ Whenever the JCCOG meeting is over and I can walk up there.
Baker/ The ghosts of those sorority sisters must be rolling over.
Kubby/ There are a lot of similarities and a lot of differences in
the cultures of sororities and house coops.
On January 21 on Sunday from 1:00 to 5:30, University is
sponsoring a town meeting about alcohol use and responsible
behavior/ And that is happening at the main lounge and I
believe it is going to be some round table discussions so
people can kind of come and go when you can and enter into the
conversation.
Lastly, On February 24, the Annual Big Brothers/Big Sisters
Bowl for Kids Sake is happening. I am the captain of the team
and if anyone would like to pledge, you can call me at home.
Come to my office hours and pledge for me. I want people to
know that I sent my pledge sheet around the city council last
night and they were very very generous. So thank you all. Wish
me luck on my bowling.
Norton/ Naomi, are others going to that session on Sunday afternoon
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F011696
#31 page 2
on the alcohol issues with students?
Nov/ I am planning to go.
Norton/ I was planning to be there but I take it everybody was
invited.
Nov/ I am planning to be there and our Police Chief is planning to
be there and both of us are going to be part of the
discussion.
Norton/ Oh good. Thank you.
Nov/ Lots of other people will be there but those are the only two
that I know.
Kubby/ That is it, thank you.
Nov/ Mr. Lehman.
Lehman/ Due to the hour, I will restrain myself as well.
Nov/ Very nice. Okay. Let's go to the other end and come back to
the center. Baker. You are at the far end.
Baker/ Nothing, mam.
Nov/ Vanderhoef.
Vanderhoef/ Not a thing.
Nov/ Thornberry.
Thornberry/ I have some things to say
tonight.
Nov/ All right.
Norton/ Don't get bent up now.
Thornberry/ Lateness of the hour.
Nov/
that I will say later. Not
I am going to be in the Karen Kubby camp. I am not going to
restrain myself. There are too many interesting things going
on and tomorrow evening at 7:00 PM, after you have been to the
open house, you can go to the Melrose Avenue Reconstruction
Project. They are going to have a meeting with the neighbors
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F011696
#31
page 3
which is a free design meeting. The Project Design Engineer,
the City Engineer, the Transportation Planner are going to
listen to what the neighbors think about this. This is at
First Mennonite Church, 405 Myrtle Avenue, entrance in the
rear of the church, tomorrow evening at 7:00 PM.
Then on the weekend, Friday evening,
afternoon you can go to a business
Arena. These things are always fun.
Saturday all day, Sunday
fair at Carver Hawkeye
On the 24th of January, 7:30 PM. at the Coralville Public
Library you can talk about Johnson County government. The
League of Women Voters is sponsoring a public meeting to
discuss possible changes or not in Johnson County government.
On January 27 the League of Women Voters is sponsoring a forum
for our local legislators. All of Johnson County legislators
have been invited. This is 9:30 AM at the Iowa City Public
Library.
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F011696
Agenda
Iowa City City Council
Regular Council Meeting
January 16, 1996
Page 21
ITEM NO. 32 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager,
b. City Attorney.
ITEM NO. 33 - ADJOURNMENT.
City of Io va City
MEMORANDUM
DATE:
TO:
FROM:
RE:
January 15, 1996
6:30 P.M.
January 12, 1996
City Council
City Manager
Work Session Agendas and Meeting Schedule
6:30 P.M.
7:15 P.M.
7:45 P.M.
8:05 P.M.
8:25 P.M.
8:35 P.M.
8:45 P.M.
8:55 P.M.
January 16, 1996
7:30 P.M. -
January 22, 1996
6:30 P.M. -
January 23, 1996
6:30 P.M. -
6:40 P.M. -
January 29, 1996
6:30 P.M. -
7:00 P.M. -
January 30, 1996
7:30 P.M.
PENDING LIST
Mortdavy
City Council Work Session - Council Chambers
(TIMES APPROXIMATE)
Review zoning matters
CDBG/HOME Fund Allocations
Parcel 64-1A {Downtown Surface Parking Lot)
Abbey Lane Trunk Sewer
Census Schedule Update
Budget Schedule
Council agenda, Council time, Council committee reports
Consider appointments to the Historic Preservation
Commission and the Parks and Recreation Commission
Tuesday
Regular City Council Meeting - Council Chambers
Monday
City Council Work Session - Council Chambers
Discuss FY97-99 Financial Plan
Tuesday
Special City Council Meeting - Council Chambers
Separate Agenda Posted
City Council Work Session - Council Chambers
Discuss FY97-99 Financial Plan/Receive input from
boards/commissions
Monday
City Conference Board Meeting - Council Chambers
Separate Agenda Posted
City Council Work Session - Council Chambers
Agenda Pending
Tuesday
Regular City Council Meeting - Council Chambers
Appointments to the Humin Rights Commission, Broadband Telecommunications
Commission, Historic Preservation Commission, and Airport Commission -
January 30, 1996.
Appointments to the Civil Service Commission, Planning and Zoning Commission
and Riverfront and Natural Areas Commission - February 27, 1996.