HomeMy WebLinkAbout1996-04-23 AgendaCITY OF IOWA CITY
IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF APRIL 23, '1996
7:30 p.m.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
Subject to change as finalized by the City Clerk.
Clerk's Office, 356-5040.
ITEM NO. '!
ITEM NO. 2
For a final official copy, contact the City
AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING APRIL 23, 1996
7:30 P.M.
COUNCIL CHAMBERS
CALL TO ORDER,
ROlL CALL.
MAYOR'S PROCLAMATIONS.
a. Volunteer Week - April 21-27, 1996.
b. Day of Honor for the National
April 24, 1996.
c. Arbor Day - April 26, 1996.
ITEM NO. 3
d. SAFE KIDS Week-May 4-11, 1996.
a. Outstanding Student Citizen Awards
(1) Shimek Elementary
(a) Laura Mason-Marshall
(b) Molly Monserud
(c) Molly Stapleton
(d) Lindsey White
ITEM NO. 4
b. Presentation to Fire Marshall Roger Jensen from SAFE KIDS Coalition.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a. Approval of Official Council Actions of the special meeting of
April 8, 1996, and the regular meeting of April 9, 1996, as published,
subject to corrections, as recommended by the City Clerk.
#2a page 1
ITEM NO. 2 MAYOR' S PROCLAMATIONS.
a.Volunteer Week - April 21-27, 1996.
Nov/ (Reads proclamation). Do we have someone to accept this? Would
you like to tell us about some of the events this week?
Carol Lear/ We had a tree planting at City Park with a reception
from 4:00 to 6:00 this afternoon. The tree is planted in honor
of the efforts of volunteers in our community. We did one last
year and we hope to continue to do this in parks throughout
the county every year. I would like to thank you for this
public recognition of the people who do so much work and
create a great quality of life in this community for all of us
is very worthwhile and I appreciate your recognition of it.
Thank you very much.
Nov/ We appreciate all of the volunteers. There are many of us who
have been volunteers. So we understand.
This represents only a reasonably accurate transcription of tho Iowa Clty council meeting of April 23, 1996.
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ITEM NO.3 SPECIAL PRESENTATIONS
a. Outstanding Student Citizen Awards
(1)Shimek Elementary
(a)Laura Mason-Marshall
(b)Molly Monserud
(c)Molly Stapleton
(d)Lindsey White
Nov/ Next is our outstanding student award. We have four students
from Shimek Elementary School. Would you all come up here
please. Okay. First we have Laura Mason-Marshall.
Laura Mason-Marshall/ (Reads statement).
Nov/ We congratulate you, Laura. (Reads award). Next we have Molly
Monserud. Please read your statement.
Molly Monserud/ (Reads statement).
Nov/ Congratulations, Molly. Our next student award is Molly
Stapleton.
Molly Stapleton/ (Reads statement).
Nov/ We have an award for being an outstanding citizen. Our next
recipient is Lindsey White.
Lindsey White/ (Reads statement).
Karr/ Naomi, you have another presentation.
This roprosonts only a reasonably occuroto ~'anscriptlon of the Iowa City council moetlng of April 23, 1996.
F042396
#3b page I
ITEM NO.3 SPECIAL PRESENTATIONS
b. Presentation to Fire Marshall
Coalition.
Roger Jensen from SAFE KIDS
Nov/
We have Margaret Silber, from Safe Kid's Coalition who would
like to make a presentation. Do you want to all come up here?
Then we will be all together. This is Andy Rocca, our Fire
Chief and Roger Jensen from the Fire Department.
Margaret Silber/ Thank you. I appreciate the opportunity to be able
to make this presentation here this evening. I am Margaret
Silber, Director of marketing and community relations at Mercy
Hospital here in Iowa City and lead coordinator in the Johnson
County Safe Kids Coalition. Our local Safe Kids Coalition is
one of slightly more than 200 local coalitions throughout the
United States. Its purpose is to reduce the number of
unintentional and preventable injuries to children between the
ages of birth and 14. The leading cause of death and
disability in this age range is preventable injuries. The
Coalition was established 2 1/2 years ago because of the
vision of Fire Marshall Roger Jensen who was able to convince
both the Iowa City Fire Department and Mercy Hospital that
such a coalition would benefit children and families in
Johnson County. During its first two years Fire Marshall
Jensen provided extraordinary leadership to this coalition,
serving as its lead coordinator through December of last year
and growing the organization to more than 200 members and
helping it to earn national recognition in 1995. Roger, on
behalf of Mercy Hospital, the Iowa City Fire Department and
the Johnson County Safe Kids Coalition, I would like to
present this plaque to you as a token of our appreciation for
your efforts on behalf of our children.
Nov/ Would you like to say something?
Roger Jensen/ I think the Chief would.
Andy
Rocca/ Roger, I, too, would like to extend my sincere
congratulations and thankyou on behalf of the Fire Department
and Mercy Hospital. This truly is a wonderful example of a
cooperative effort between two local agencies. I am convinced
that this community risk reduction strategy that we have
implemented here will pay many dividends to our community in
the years to come. Thanks again and congratulations.
Roger Jensen/ Thank you very much. I am not very comfortable with
this sort of recognition and flattery but those are very kind
Thisrepresents only areasonabl¥ accurate trans=lptlon orthoiowa Clty counci]moetlngofAprl123,1996.
F042396
#3b
page 2
words that you stated, Margaret. I think really I would like
to defer some of that to the hundreds of volunteers that have
pitched in largely and done all the hard work over the last 2
1/2 years. Also I would like to mention just a couple of
names. Eady Weaver, one of the early founders, Todd Uwen, Sue
Pearson, some of the driving forces that got this effort going
a couple of years ago. Also I would be foolish not to mention
the vision that Linda Munston and my boss, Andy Rocca, shared
the vision that together we could make a difference and bring
some agencies and different people together to work towards
this common cause of preventing injury. Thanks very much.
Thisrepresents only areesonebiy accuratetranscription of ~olowe CIW council meeting of April23,1996.
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 2
b. Minutes of Boards and Commissions.
(1) Parks and Recreation Commission - March 6, 1996.
(2) Iowa City Airport Commission- March 14, 1996.
(3) Broadband Telecommunications Commission - March 22, 1996.
(4) Iowa City Public Library Board of Trustees - March 28, 1996.
(5) Iowa City Historic Preservation Commission - March 30, 1996.
(6) Planning and Zoning Commission - April 4, 1996.
(7) Design ReviewCommitt~-Apri115, 1996.
(8) Rules Committee-April 17, 1996.
c. Permit Motions and Resolutions as Recommended by the CiW Clerk.
(1) Consider a motion approving a Class C Liquor License for Kennedy
Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss.
(Renewal)
(2) Consider a motion approving a Class A Liquor License for Loyal
Order of Moose Lodge #1096 dba Loyal Order of Moose Lodge
#1096, 950 Dover St. (Renewal)
(3) Consider a motion approviPg a Class E Beer Permit for Nordstrom Oil
Co., dba Dubuque Street HandiMart, 204 N. Dubuque St. (Renewal)
(4) Consider a motion approving a Class B Beer Permit for Chill & Grill,
Inc., dba Chill & Grill, 206 N. Lin. n St. (Renewal)
(5) Consider a resolution to issue dancing permit to Loyal Order of
Moose Lodge #1096, 95~ Dover St.
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 3
d, Setting Public Hearings.
(1)
CONSIDER A MOTION SETrING A PUBLIC HEARING FOR
MAY 7, '1996, ON AN ORDINANCE AMENDING THE FINANCES,
TAXATION, AND FEES CHAPTER OF THE CITY CODE BY
AMENDING TITLE 3, CHAPTER 4, SUBSECTION 6, ENTITLED
"PUBLIC TRANSPORTATION," TO INCREASE THE FARE FOR
PUBLIC TRANSPORTATION.
Comment: During budget sessions, Council directed that fees for
public transit be increased. This action is being taken to offset the
loss of Federal Transit Operating Assistance. The standard fare will
be increased from $.50 to $.75 and the monthly pass fare will
increase from $18 to $25. These changes will become effective
July 1, 1996.
(2) CONSIDER A RESOLUTION SETrING A PUBLIC HEARING FOR
MAY 7, '1996, ON AMENDING THE FY96 OPERATING BUDGET.
Comment: State legislation mandates municipalities amend their
annual budget by May 31. This resolution sets the public headrig for
amendments on May 7, 1996. Detailed information on amendments
will be available for public inspection on April 26, 1996.
(3)
CONSIDER A RESOLUTION SETrING A PUBLIC HEARING FOR
MAY 7, 1996, ON ~LANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 1996 SANITARY AND STORM SEWER
PROJECT, DIRECTING CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project consists of one sanitary and three storm
sewer sites. A sanitary sewer will be installed at Court Street and
Fairview Avenue to eliminate a pdvate sewer in poor condition which
serves several properties. The storm sewer system will be repaired
at College Street and Fairview Avenue as well as at George Street
and Oakcrest Street. Also, a storm sewer will be extended through a
property at the comer of Lakeside Drive and Whispering Prairie
Avenue with fill material to be placed on the property to solve a
maintenance problem. The total estimated cost of this work is
$92,000 and will be funded by General Obligation bonds abated by
wastewater revenues.
Agenda
Iowa City CiW Council
Regular Council Meeting
Apri~ 23, 1996
Page 4
(4)
(5)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
MAY 7, 1996, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION
OF SILURIAN WELLS NO. 3 AND NO. 4 IN CONNECTION WITH
THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT,
DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This work involves the construction of two Siludan
production wells and related test pumping. The Siludan well
construction includes drilling an estimated 365 feet to the bottom of
the Silurian Aquifer and installing steel casing from ground level +170
feet to the top of the aquifer. After completion of well construction, a
pump test will be conducted to determine capacity. This project will
be financed with by General Obligation bonds abated by water
revenues.
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
MAY 7, 1996, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE MELROSE AVENUE BRIDGE
RECONSTRUCTION PROJECT, PHASE I (PROJECT NO. BRII~-
37t5(2)-8N-52), DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project involves the total reconstruction of the
Melrose Avenue Bddge, which spans over the Iowa Interstate
Railroad, and the Melrose Avenue pavement from O;ive Court in
University Heights to just east of Hawkins Drive. The total estimated
construction cost is $1.669,000. The project will be funded by
General Obligation Bonds, Road Use Taxes, and $850,000 will be
reimbursed with Federal-Aid Highway Bridge Replacement and
Rehabilitation Program funding. Also, reimbursements will be made
by U.S. West Communications ($35,000) regarding telephone facility
supports and University Reights ($8,568).
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 5
(5)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
MAY 7, 1996, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE t995 MAINTENANCE AND REPAIR
PROJECT - CAPITOL STREET PARKING RAMP, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY-ENGINEER TO PLACE SAID PLANS ON
FILE FOR PUBLIC INSPECTION.
Comment: This project involves the maintenance and repair of
various items to the Capitol Street Parking Ramp: repair of spalied
concrete, installation of waterproofing membrane, repair and
replacement of expansion and control joints, re-striping of parking
stalls and installation of bird control measures. The budget for this
project is $310,500. Funding will be provided by Parking funds.
(7)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
MAY 7, 1996, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF THE COST FOR THE
CONSTRUCTION OF THE FIRST AVENUE RECONSTRUCTION
PROJECT, STP-U-3715(8)-70-52, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION.
Comment: The First Avenue Reconstruction Project consists of
widening the First Avenue pavement to three-lanes from Muscatine
Avenue to RaMon Creel{ A right turn lane will be added to the east
leg of Muscatine Avenue and a new box culvert constructed for
Ralston Creek. The total estimated construction cost is $590,000 of
which up to $400,000 will be reimbursed by Federal Surface
Transportation Program funds. The remainder will be funded by
General Obligation Bonds and Road Use Taxes.
e. Motions.
(~)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $8,590,494.89 FOR THE PERIOD OF MARCH 1
THROUGH MARCH 31, ~996, 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.
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 6
@b~/ol
(4)
(5)
f. Resolutions.
(1) RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE TO
BE HELD MAY4, 1996,
Comment: This resolution authorizes the Pollre Department to
auction recovered bicycles which the Department has not been able
to return to the dghfful owners. The Police Department generally has
one or two such auctions per year. This is an ongoing process.
(2) CONSIDER A RESOLUTION APPROVING PROCEDURAL RULES
OF THE IOWA CITY, IOWA, BOARD OF ADJUSTMENT.
Comment: The procedural rules for the Board of Adjustment have
been reviewed and recommended for approval by the Council Rules
Committee. At its March 13 meeting, the Board unanimously
recommended approval of the procedural rules as advised by the
Council Rules Committee.
(3) CONSIDERA RESOLUTION NAMING DEPOSITORIES.
Comment: We are requesting a change in the investment limits on
several of the depositories. We are recommending that Iowa State
Bank, Homeland Savings Bank and First National Bank increase their
investment limits to $15 million each. We are also recommending
that Hawkeye State Bank and NonNeSt Bank increase their
investment limits to $5 million and $35 million, respectively.
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS
FOR WHISPERING MEADOWS OUTLOT A o MEADOWLARK II
CONDOMINIUMS,
Comment: See Engineer's Report.
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
PAVING AND WATER MAIN PUBLIC IMPROVEMENTS FOR 9'16
SCOTT PARK DRIVE,
Comment: See Engineefts Report.
g. Correspondence.
(1) Letter from Rene Paine, Volunteer Administrators NebNod( regarding
celebration.
(2) Letter from Alpha Phi Omega Fraternity regarding Spring Clean-Up to
be held Apd127, 1996.
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 7
(3) Letter from Kelsey Wilcox regarding recycling (see also City Manager
response and Kelsey Wilcox reply).
(4)
Letter from Jane Klitzka, Vice President of Grand Wood
Neighborhood Association regarding Whispering Meadows Wetlands
Park.
(5) Letter from Gerald Meis, Lenoch & Cilek, regarding Lenoch & Cilek
building.
(6) Letter from members of Consultation of Religious Communities
regarding St. Patrick's.
(7)
Memorandum from the Civil Service Commission submitting
certified list of applicants for the position of Emergency
Communications Dispatcher.
(8) Memoranda from the Traffic Engineer regarding:
(a) Removal of one-hour parking prohibition on the north side of the
100 block of East Lafayette Street
(b) Stop sign installation on Stevens Drive at its intersection with
Southgate Avenue
(c) Stop sign instal!ation on Southgate Avenue at its intersection
with Gilbert Street
n. ~pp~ca~ons tor use ot
(1) JacquelineGhadbforWINDS-Apd113, 1996. (approved)
(2) Steve Kouzounas for University of Iowa Animal Coalition
April 21, 1996. (approved)
(3) James Madden for Jacqueline Kennedy Onassis Festival
April 25, 1996. (approved)
(4) Stephen Groff for Iowa City Astronomy Club - April 25, 1996.
(approved)
(5) Karen Kubby for Amedcan Federation of Teachere - May 1, 1996.
(approved)
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 8
i, Applications for Use of City Streets.
(1) CROP Walk oApd121, 1996. (approved)
END OF CONSENT CALENDAR.
ITEM NO, $ PUBLIC. DISCUSSION (ITEMS NOT ON THE AGENDA).
ITEM NO, 6
PLANNING AND ZONING MATTERS.
Public hearing on an ordinance amending the Zoning Chapter to change
the use regulations of a 3,09 acre tract from RS-5, Low Density Single-
Family Residential, to OPDH-5, Planned Development Housing Overlay,
and approval of a preliminary OPDH plan for property located on the
north side of Village Road, (REZ96-0004)
Comment: At its Mamh 21 meeting, by a vote of 5-0, the Planning and
Zoning Commission recommended approval of the proposed rezoning and
preliminary OPDH plan. The Commission's recommendation is consistent
with the staff recommendation cited in the staff report dated February 15.
A summary report on the planned development has been forwarded from
the Commission and is included in the Council packet.
Action: -~_~
#4 page 1
ITEMNO.4 CONSIDER ADOPTION OF THE CONSENT CALENDARAS PRESENTED OR
AMENDED.
Nov/ Moved by Thornberry, seconded by Vanderhoef. Discussion.
Baker Naomi, before we vote, could I get some clarification on one
item. Just if anybody has any details about what the
Jacqueline Kennedy Onassis Festival is. I don't mean-it tends
to be ironic. I don't want to be ironic but I would like to
know what that is.
Arkins/ Can we collaborate?
Baker/ Sure°
Atkins/ We have someone who apparently wants to have some fun and
it was part of our permitting process. We were trying to find
a spot- (mic problems). Trying to find a spot to have this
thing. First the press releases for this individual was going
to have an actual auction of Jackie Kennedy Onassis
memorabilia since she stayed at this house somewhere on Summit
Street. Come to find out it is all a big joke. And what it is
someone is going to be set up down on the mini-park or on the
plaza and I am not real sure what they are going to do other
than have some furniture there and maybe have a good time.
Kubby/ I just picture dressed up as Jacqueline Onassis for some
reason.
Baker/ I understand that there is to be a look alike contest° We
have nothing to do with the prizes.
Kubby/ None of us up here would qualify for that.
Baker/ (Can't hear). But, okay, it is semi-legit.
Arkins/ Oh, it appears to be a lot of work.
Baker/ Great idea. Thank you.
Nov/ (Mic problems). Are you doing something about the static?
Baker/ Is that my cord?
Nov/ Thanks, good job.
Kubby/ Actually there are a couple of other items on here. One of
Thlsrepmsents only areasonably accur=e ffanscrlpfion of ~elowe CI~ coun~l me~lno ~ Apd123,1996.
F042396
#4 page 2
them is we are setting a p.h. about raising our Transit rates
to $.75 per ride and $18 to $25 for a monthly pass and it
seems like in doing this there is 3-4 other issues about rates
for Transit that we haven't finalized and I am hesitant to
vote on the ordinance until we finalize the whole package of
different rates issues. Like the discount for the monthly pass
for lower income residents. Like what we are going to do for
elderly and people with disabilities, trying to encourage
people to ride fixed route versus SEATS and the discount for
strip passes. So I guess I am asking that we make those
decisions- We set the p.h., hold the p.h. but I feel
uncomfortable voting on this ordinance until we have got that
whole package of fare issues discussed and decided even though
they are not part of the language of this ordinance. We can
certainly bring that to you. The first reading wouldn't be
until 20th-21st of May.
Kubby/ Does anyone have a problem with having it all settled as a
package?
Nov/
No. It is not literally a package but I have no problem
settling it on the same day. Okay. While we are on p.h.s, I
want to let people know there are seven p.h.s set in the
Consent Calendar. The first one is the one that Karen
mentioned. The second one in amending the F¥96 Operating
Budget. Then there will be a hearing on the 1996 Sanitary and
Storm Sewer Project. There will be another on construction of
Silurian Wells. There will be one on the Melrose Avenue Bridge
Reconstruction Project. There will be on Maintenance and
Repair for Capitol Street Parking Ramp. And there will be one
on First Avenue Reconstruction Project. These are all on May
7th.
Kubby/ I had some questions about the silurian well issue. I wanted
to briefly just say because there have been a lot of rumors
that our wells are not going well and the first one is that we
hi~ some shale and we weren't getting the production that we
were hoping for. We wanted 200-250 gallons per minute and we
were getting 50. But now we are getting 130. But on the second
test well we are getting our range of 200-250 and these
particular wells that we are having a p.h. about are actually
production wells on the peninsula. But the observation wells
that were in that area are doing in the range that we want.
So.
Atkins/ Yes, we are all okay.
This represents only a reasonably =ccurate transcription of the iowa City council meeting of April 23, 1996.
F042396
#4 page 3
Kubby/ Since people have come to council frequently saying this is
not a good site for wells, your wells aren't doing well- So we
are on track and that is a good thing.
Nov/ Okay, any other discussion? Roll call- (yes). Consent Calendar
has been approved.
Thlsrepresents only aressonably accurate ~onscrlpfion of ~alowa CI~ council meetingofApri123,1996.
F042396
#5
ITEM
Nov/
Judy
page 1
NO.5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Item No. 5 is public discussion for items not on the agenda.
Please sign your name, state your name and the topic.
Ploessl/ I live at 134 Raven Street/ I am on the Helen Lemme
Elementary School Safety Committee and at the council meeting
on February 15, 1996 the Helen Lemme School Safety Committee
presented a petition from concerned parents regarding the
intersection at Washington and Dartmouth on our concerns over
the safe crossing of our children through this intersection.
These concerns emphasized 1-that during inclement weather our
children have had to wait 10-15 minutes to cross. This did not
necessarily mean safely since both vehicles and the Iowa City
Transit Rochester Route bus had been observed to have to stop
in the street in order for the children to exit the crosswalk.
2-The entrance to the Helen Lemme School grounds is one of
four entrances, exits to this Washington/Dartmouth
intersection. 3- That the safety patrol is staffed by 6th
graders. They are instructed to only allow the children to
cross when there is not a vehicle in site not are they out in
inclement weather. 4- There is a hill to the east descending
to this Washington/Dartmouth intersection. Many times the
safety patrol had been observed by parents releasing the
children only to have to call them back because a bus or
another vehicle has now been in site coming down from the east
side. 5-The Iowa City Transit Rochester Route bus passes
through this intersection at 8:28 AM. This is already been
noted the observation of the bus having to stop for children
who are still present in the cross walk and with school
starting in 2 more minutes, the children who are left waiting
1-15 minutes do tend to become very anxious about being marked
tardy and so they will take the first chance that they can get
in crossing even though a guard has said there is a car in
site but they don't want to be late. 6- That there are
children crossing at other areas other than this intersection
due to the fact there is the longer wait. The council noted at
the February 15 meeting that if the traffic survey warrants
the need for a crossing guard there was still the position to
fill. The council also noted that it would warrant a budget
amendment due to the addition of the employee to the budget.
We, at Helen Lemme, would be willing to help advertise for
this position to be filled when the council approves the
addition of an adult crossing guard for the intersection of
Washington and Dartmouth. The council ordered the traffic
survey to be done and would base their decision on the results
of this survey. And finding that I was going to talk today, I
Thisrepresents only a re~soneb~y accurate ~ans=lptlon oftholowe City council meeting of April23,1996.
F04239§
#5 page 2
was informed by the City Clerk's office that the Traffic
Engineer has not yet filed this traffic survey but the survey
was made available to us on April 16, 1996 and we would like
to address some concerns regarding the results of this survey.
The Gap Study states, "The intent is to measure the
opportunities in traffic flowing on Washington for school
children to recognize an appropriate gap in the traffic stream
and to cross safely." The study then proceeds to separate the
school traffic from the through traffic when both proceed
through the same inter~ction. This is indicated by the
statement, "When the school traffic is removed from the
traffic stream of vehicles moving along Washington Street,
there is ample opportunity for the children to cross
Washington Street." We wonder why school and through traffic
can be separated when both constitute Washington Street
traffic contribute to the congestion of the intersection and
impact upon the ability of the children to cross. One must
then concur that if the school generated traffic is present,
there is not ample time to cross. We wonder how it can be
concluded that no adult crossing guard is recommended when all
traffic flow must be considered that impacts this
intersection. This makes the statement, "When school traffic
is removed there is ample time to cross," an invalid one. The
duties of a crossing guard state, "To intervene in a flow of
traffic when deemed necessary to insure the safe crossing of
the children and the gaps in the traffic flow are not present
without intervention." This statement does not differentiate
between school generated traffic and through traffic. It just
states, "the flow of traffic." Here it must be emphasized the
safe crossing aspect. This is not a safe crossing. the traffic
survey does not take into consideration the many safety
problems that must be considered. This is not a matter of just
counting cars. There is the physical aspect of the terrain of
Washington Street due to the hill to the east of the
intersection. The fact that the Helen Lemme entrance/exit at
this intersection is the only entrance to the school grounds
and the presence of 6th graders safety patrol who cannot
intervene in the flow of traffic nor can they allow the
children.
Nov/ Are we about finished? We are running out of time.
Ploesel/ I guess so. The survey considers that "An adult crossing
guard will only be directing traffic out of the school
ground," without emphasizing that the school entrance is part
of this intersection. The survey states, "Sufficient
opportunities for the children to cross in the through traffic
This represents only a reasonably accurate b'anscription of the Iowa City council meeting of April 23, 1996.
F042396
#5 page 3
on Washington Street do occur," when the survey has already
indicated that, "when the school traffic is removed from the
traffic stream of vehicles moving along Washington Street
there are ample opportunities to crossWashington Street.': How
can the school traffic be removed from consideration when it
also enters the Washington/Dartmouth intersection.
Nov/
I think we cannot decide this tonight and we do understand
what your position is and we can look into it for another
time.
Ploessl/ I would also like to point out tot he council that it has
been three months since we asked for this. The report was done
from February 16, 1996 to March 4 which is almost two months
ago and you still not have it. I just want that noted, please.
Atkins/ The report is on my desk. I just simply haven't- I have it
and I have not forwarded it to you because I have not read it.
If has evidently been read to us tonight but I have not read
the thing.
Ploessl/ No, it has not all been read but I just point that we felt
that we are important.
Arkins/ I have the report. I just haven't distributed it yet.
Nov/ I will read the report and we will get back to you.
Ploessl/ Okay. I would just like to point out to the council to be
aware of the terrain of Washington Street with the hill
descending to the east of the Washington/Dartmouth
intersection making it difficult for the children to safely
cross since they are not allowed to cross if a car is in site
and that the presence of the Rochester bus does go through two
minutes before our school does start and I guess that is it.
Kubby/ This is really helpful. It is really clear and really well
laid out exactly what you are asking for. So when we get the
report we can kind of compare both of them and then we will
need to make a decision.
Thornberry/ You must have spent hours on that.
Ploessl/ I have and I have had a lot of frustration dealing with
people on this. Thank you.
Thornberry/ We understand what you are looking for.
This represents only e reasonably accurate tresecdption of the iowa City council meeting of April 23, 1996,
F042396
#5 page 4
Philip Zell/ I am the representative from the Senior Center
Commission and I wanted to let you know that in honor of Older
American's Month which is the month of May, the Senior Center
will have as eries of program titled Focus on Wellness and
since wellness is constituted not only a physical fitness but
mental, emotional, social and spiritual, the four week program
will cover all of those things and the four week program is
divided into themes. The first theme is Celebrating Life
Through the Arts, that is week 1, and will feature guest
artists as well as the Voices of Experience and the New
Horizons Band and the second week will be focusing on
Independent Living and featuring a model bathroom which
contains adaptive devices that support independent livingby
making life easier and safer. Week 3 will be a Fitness fair
with presentations on physical fitness and week 4, Holistic
Health which with interesting topics such as Chinese Medicine
and Acupuncture, Healing Touch, and one you might be
interested in, How to Be Your Own Shrink. Tha~s.
Kubby/ If we try to be each other shrinks, maybe that is our
problem.
Baker/ I don't have a problem.
Nov/ Is there anyone else who would like to discuss something that
is not on tonight's agenda? Okay, moving on.
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F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 9
Consider an ordinance amending City Code Title 14, Chapter 6,
"Z nin "
o g, Article J, "Overlay Zones," by creating a new overlay zoning
district entitled "Design Review Overlay Zone." (First consideration)
Comment: At its March 7, 1996, by a vote of 5-2 (Scott and Gibson voting
in the negative), the Planning and Zoning Commission recommended
denial of amendments to the City Code Zoning Chapter creating a new
overlay zoning district entitled "Design Review Overlay Zone." The
Commission further recommended a suggestion, by a vote of 7-0, that if
the Design Review Oreday Zone Ordinance is adopted, that: a) an
alternative appeal process be_considered having the City Council as the
final arbiter; b) a preset time limit be established in which the City must act
on an appeal; and c) that the City adopt a resolution to abide by the Design
Review Overlay Zone Ordinance. At its June 12, 1995, meeting, the
Design Review Committee, by a vote of 7-0, recommended adoption of the
Design Review Overlay Zone Ordinance. Subsequently, at its March 18,
1996, meeting, by a vote of 5-2 (Reisetter and Rohovit voting no), the
Committee recommended that the proposed ordinance be amended so
that the City Council acts as the final arbiter in the appeal process.
Comments were received at the April 9 public hearing.
Consider an ordinance amending the Zoning Chapter to change the use
regulations of a 1.88 acre tract from RR-1, Rural Residential, to RS-5,
Low Density Single-Family Residential for property located at 3263
Rohret Road. (REZ96-0003)(First consideration)
Comment: At its Marcrl 7 meeting, by a vote of 6-0, the Planning and
Zoning Con-~r~ission recomme_nded approval of the requested rezonin~i.
The Commission's recommendation is consistent with the staff
recommendation cited in the report dated February 15. No comments
were received at the April 9 public headng. Correspondence from the
applicant reqL~stin~ expedited consideratio_q is included in Copncil packet.
#6b page
ITEM NO.6b. Consider an ordinance amending City Code Title 14,
Chapter 6, "Zoning," Article J, "overlay Zones," by creating a new
overlay zoning district entitled "Design Review Overlay Zone."
(First consideration)
Nov/ Dee, were you planning to say something?
Norton/ I would like to move to defer consideration of this item
until June 4.
Vanderhoef/ I will second.
Nov/ Moved by Norton, seconded by Vanderhoef that we defer this to
June 4th.
Norton/ I suppose I am obliged to and wish to co~m~ent a bit on this
matter. Last night, at our work session, I had indicated I was
interested in a possible sunset clause in the ordinance in
order to support it but I didn't find any hands clapping for
that or not enough. So then I said I would support it with the
understanding that we would do some re-working of it during
the next few months or while the committee proceeded with
developing these other aspects of this design review process.
And I want to reiterate that I am certainly not
philosophically opposed to the design review with some
mandatory compliance feature. That seems to be the only or
most effective way to achieve our shared interests in a
attractive and economically viable d.t. But I have thought
further as all of us have and I talked further, like all
afternoon and I now think it would be wise to, given the
division I sense in the community and perhaps most
particularly in the community most centrally involved, the
d.t. That we would be wise to put this off and try to get in
right. Let me identify three things that I think we might do
during the time that I am suggesting so we aren't going to
waste time. The one I would like to see us draft- Now, when I
say us, whether it is staff and some of the people who oppose
the present one and some of us who have supported it. Draft a
new ordinance that, an alternative ordinance, that might be
more advisory and assist you one than if I'd even provide for
required design review but might leave out some of the more
onerous features that people seem to read into this one. I
don't think they are particularly onerous but some people do.
Let's see if we can develop an ordinance or draft one that is
similar but perhaps in a more positive framework, maybe with
incentives for people who comply. Let's try that. I think we
ought to also have the Design Review Committee draw up some
Thts represents only a reason&bly occurate transcription of the Iowa City council meeting of April 23, 1996.
F042396
#6b page 2
guidelines that they would use in reviewing plans under either
the present alternative or the new one. I think we would need
to see some of those plans. W~nat are the kinds of things they
are going to look at. They could specify an area or they could
do it for the whole d.to And under the alternative I don't
think overlay zones would even be required but that is another
matter. Then I think we ought to also do some revision as I
have already tried to undertaken. Some revision of the present
ordinance to clarify certain aspects of the application
process, the timing, study some of the costs both to owners
and possibly to the city. For example, the workload on the
building officials. And those things could proceed. At the end
of the defertel period we and the committee may decide that
the alternative as somewhat more advisory approach is the one
to adopt or we may decide that the present one, somewhat
revised and clarified is still the best that we can see, the
best way to assure good design in the d.t. Now I want to say
everybody is for good design, they say. Everybody starts with
that caveat if you wish. Everybody is for it. We must be able,
then, to find a way that this is more acceptable to a larger
set of us and to get this thing under way. Now I understand
that if we don't get anywhere with this alternative approach,
I am perfectly prepared to go back and go to the wall for this
one. End of speech.
Lehman/ Dee, I would like to thank you for your motion and I concur
because I believe this is a very very worthwhile cause but I
believe it is a very very negative ordinance trying to
accomplish a very very positive result and I thinkwe can make
this into a positive ordinance, something that will do what we
really want it to do. Make folks who live in these zones want
to have design review instead of coming out and saying we have
to. We have been accused and I think many times rightly so of
being overly regulatory. I think we have an opportunity here
to re-write an ordinance to make it a very positive sort of
thing which is certainly a change from some of the things we
have done. so i certainly support it.
Kubby/ Well, I am going to be voting against deferral because the
kind of ordinance that you are talking about is a completely
different ordinance and we should- If you want to vote it
down, vote it down and say to Design Review you want a
completely different kind of ordinance because if it changes
that significantly from mandatory to assistire and incentives
and voluntary, it is a different ordinance and we will
probably have to go through a public process, p.h. process
again anyway.
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F042396
#6b page 3
Norton/ I assumed we would.
Kubby/ So why not say no? This isn't the one you want and just bite
that bullet and say not to it if the majority wants to do that
with the understanding that we want to go back to the drawing
board which maybe a slightly different strategy.
Norton/ I just thought this would be sure to keep it alive. I
didn't want to see the thing fall. I thought this method would
be sure to keep the issue in front of us.
Kubby/ Well, I guess I get a little concerned when I hear language
like other people say it is going to be onerous but I don't
think it will be, therefore, I won't support it because I
really think, you know, the public input and always trying to
reach consensus is not possible. And that this- You know,
whenever community does some design review or something
additional like this, it may not be comfortable but the bottom
line is in this kind of body is that the bottom line is you
need four votes to make some things happen and there are- I
mean, I like your suggestion of last night. I didn't have a
problem with a sunset clause. I also didn't have a problem
with saying let's look at seeing how we can further streamline
the system before a specific set area has guidelines presented
to us. I found those ways of approaching this as a fine way to
approach it. I would prefer to do that.
Vanderhoef/ I would prefer not to have a sunset clause. This
council has worked very hard to be prowl out there and to
teach our citizens what we are about and what we are going to
do and to keep them informed and the last thing that I would
like to do is enact this particular ordinance and then revise
it within the first year and have more total confusion out
there than what we would have if we voted it in a proper form
to begin with. So I am not comfortable with a sunset clause.
Thornberry/ Well, would you then be voting to- Would you rather
vote to vote it down or to defer?
Vanderhoef/ My first choice is to'vote it down. However, if Dee is
more comfortable with deferring and going back through the
process, I will (can't hear).
Thornberry/ Well, I am more comfortable in voting it down, too. I
would much rather see a carrot than a stick. Given a design,
I think that the people would design something palatable as
opposed to onerous but to make it mandatory to fit one
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F042396
#6b page 4
committee's idea of taste I think is ridicules.
Kubby/ You keep using this word onerous. I don't view this
ordinance as onerous.
Thornberry/ Then you haven't built a building in d.t. Iowa City.
Kubby/ You have to plan. Whenever you redo something you have to
plan and maybe this means there needs to be a slightly bit
more planning and the onus is going to be on us as policy
makers, the staff and the Design Review Committee, to get out
there and let people know what their new time frames might be.
Trying to make every effort to make schedules work. The same
kind of fear we talked about when we created historic
districts where if you were going to make external changes to
your building, you have to go to the Historic Preservation
Commission for these same kinds of certificates. Those fears
have not been lived out. So we have had this kind of template
that has been out there and the fears have not been realized.
People have actually said this was very helpful to me and it
was not onerous. So, I guess I disagree with that
characterization.
Norton/ I would like to- I want to reiterate that I want to keep
the thing in front of us because I am not fully convinced
until I see a draft of an alternative that follows some other
philosophy if you wish. I am not sure when we look at that in
detail that it will get the job done. In other words, will
actually bring about what we are talking about. So, if that
doesn't look good, I want to go right back to this one and
keep it one board so that it can go because if we can't invent
something that is going to make a difference and give us
reasonable assurance that the people are attending to these
matters, then I think we ought to go back to something that
has the somewhat more mandatory aspects to this.
Nov/ okay. i- once more, okay, go ahead.
Baker/ I want to make sure I am clear in my mind the difference
between the discussion we had last night and the discussion we
are having tonight. Last night we seemed to say that this
particular enabling ordinance, we are not voting on districts
or guidelines, would not be voting on districts or guidelines
tonight. This merely allows the process to begin, to let the
Design Review Commission with the P/Z Commission establish
those districts and guidelines. There were some problems-
This represents only a reasonably accurate transcrlptlon of the lows City council meeting of April 23, 1996.
F042396
#6b page 5
Nov/ Larry, may I interject. It is not that the commission setting
guidelines. The people who own property in the district will
also be involved in setting guidelines.
Baker/ I understand and I have simplified that description of the
process because everything that for example P/Z does involved
public input and we certainly will have that in this in the
future. Thanks for the clarification. But we had agreed last
night to keep this on track and to tell the Design Review
Commission that when they came in with their first district
and specific guidelines, they also had to come in with an
acceptable enabling ordinance revision that clarified our
primary concern which was time. Who sees it, how does it slow
down the application process. That seemed liked a very
workable compromise last night. I want to make sure I
understand what you are advocating tonight, Dee. You want to
defer it to June 4, is that the date?
Norton/ That is the date I picked. I hope that will work
mechanically. That may have to be reviewed a bit.
Baker/ Because if I go down these lists of things, these goals that
you hope to accomplish in the mean time, they will not be
accomplished by June 4. We still have to make the distinction
between do we want to voluntary or mandatory design review
process. I don't think you can have a hybrid.
Norton/ You are sure?
Baker/ I do not think you can have a hybrid and if you want to find
a compromise that will, I am using your language here, resolve
the differences among us, that will not happen because the
basic difference among us is not a pragmatic difference about
how this works. It is a difference about the role of
government. There are at least, the way I read this, three
people who are uncomfortable with too much government. A
perfectly understandable reasonable position. There are two to
three people who see a positive role for government in general
and have voted that way in the pat. We can argue about the
details of how that involvement works out. But the basic
conflict is not going to get resolved and it is going to
determine what we do in the future and what concerns me is all
of the arguments we have heard against this particular
ordinance are arguments parallel but certainly comparable to
the arguments we heard against the Historic Preservation
process and I think those people on those commissions,
Historic Preservation, hearing this discussion tonight have
This represents only e reasonebly accurate tran=crtptlon of tile Iowe City council meeting of April 23, 1996.
F042396
#6b page 6
cause to be a little bit concerned beoause they are going to
be coming back to us soon with more regulations about property
in various neighborhoods in Iowa City, not necessarily
historic neighborhoods but neighborhoods that have some
features that need to be conserved. Now, if you want to revise
the ordinance and make it work, I am all for that. A deferral
is not going to make that happen. We could have made it happen
with the idea that we had in front of us last night and so I
am very concerned that we are back peddling on a commitment,
I think, a general commitment that prior councils have made
about constantly seeking ways for this local government, these
people on this council, previous councils, future councils, to
have a positive role in making this a better place. It will
not be done voluntarily because if it were done voluntarily
and many times we would not need 90% of the ordinances we have
on the books right now. Unfortunately those ordinances are
there as a result of abuse and more often they are reactive
rather than proactive. This is a proactive ordinance and my
concern is if we defer we will end up with no ordinance and
sooner or later we will have that one example that comes
before us where the public says why did you let this happen.
That is my concern. I cannot vote for a deferral.
Thornberry/ Larry, you made some pretty strong comments about the
council in general telling people that there are three people
that don't like government, two people that are wishy washy
about government and whatever in this ordinance. You say that
this is a proactive ordinance as opposed to a reactive
ordinance and I disagree. I thin it is a reactive ordinance to
one business d.t. that some of you don't like and I think I
have not problem with Pizza Hut. Sorry. I don't think it is
that horrible that we need an ordinance, another level of
bureaucratic bureaucracy, I saved you two dollars, that we can
live without. The fewer ordinances, I think, the better. The
smaller the government, the better, I firmly believe that. You
need to give fire protection, police protection, good drinking
water, basiu~. But t~ go as far as to say ~ don't like your
awning and there is an ordinance against it or I don't like
the whatever, the new library design or whatever it may be or
a university building that may or may not fit to some people's
taste. I don't think that you can enact ordinances that for
taste. I think everybody's tastes are different and just
because somebody doesn't think that it is pretty, to have an
ordinance that bans that particular type of structure, I don't
think is fair and it takes another level of bureaucracy that
we don't need.
This represents only a reasonably accurate transcription of the Iowa City council meeting of April 23, 1996,
F042396
#6b page 7
Kubby/ The community has said that we believe in design review
through the council in that south of Burlington when we give
tax abatement there is a design review component that goes
with that.
Lehman/ That was our requirement.
Thornberry/ I~ wasn't mine.
Kubby/ I am saying the community, through the council, through
their elected representatives, has said that is an acceptable
thing. That was a 6-1 vote.
Thornberry/ Design Review was set up originally for urban renewal,
yes. There is one parcel of urban renewal property left and
that was their sunset clause.
Nov/ I beg your pardon.
Thornberry/ That prior-They were suppose to go away at the end of
urban renewal.
Nov/
There isn't a law that says they must go away. They are
required for urban renewal. They are not required to go away.
We may extend that.
Thornberry/ Well, we may not. But the end of their useful life was
urban renewal, theoretically, at the time that it was set up.
Right?
Nov/ Theoretically.
Thornberry/ Okay. I would like to see it go away.
Lehman/ Dean, I really- And I like your motion, Dee, because I
don't-
CHANGE TAPE TO REEL 96-54 SIDE I
Lehman/ Larry, I hope you are not right. I mean, I think we can
improve this. I think it can be more palatable. It can be more
positive. It can work better than this appears. This one might
work fine. I think it is very negative.
Baker/ I don't disagree with you but I thinkwe could have improved
it under the process that we outlined last night.
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F042396
#6b page 8
Lehman/ I support the deferral.
Norton/ It seems to me, Larry, that there is no assurance that an
alternative that might be put together would be any different
or would be acceptable even-to me. I am not at all certain and
I said I am perfectly willing to go along with the ordinance
of this sort, some what cleanedup. You might as well get that
cleaning up done before than later. What is the hurry here? So
in some way~ I am perfectly willing for that to come back and
be on the table June 4 or during July, whenever and I don't
see any big rush for that. Let's give it a shot and see if
there is something else we can come up with.
Baker/ It seems the only reasonable explanation you can have for a
June 4th date or an early June date is the review process as
outlined in this ordinance can be streamlined a little bit.
Norton/ You want is to be basically a good review but I would like
to see some of these other components, too. I would like to
see a little bit more of what kinds of things they are going
to ask about because they do not ask them under either
alternative. But I am not saying a full overlay zone be
developed or anything like that, Larry. Basically we might be
right back to this one June 4 or June 11 or whatever the time
will permit. I am not sure. I just didn't want to put it off
in the period when a number of us are out of town and we would
come back to it in July. I don't see the big rush. Let's try
to get it right if we can and see if we can develop the right
support. Now, if we can't, then may come right back to the
hammer and pound situation that we are in and you know where
I am there, period.
Nov/
Okay, any further discussion? We have a motion to defer this
first consideration to June 4th and perhaps revise some of the
procedures or whatever that has been written into this
ordinance. It has been moved and seconded. All in favor please
say aye- (ayes: Nov, L~i~n, Norton, Thornberry, Vanderhoe~.)
All opposed, same sign- (ayes: Baker, Kubby.) It looks like
the motion carried. We will put it back on the agenda for June
4th.
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F042396
#6c page
ITEM NO.6o. Consider an ordinance amending the Zoning Chapter to
change the use regulations of a 1o88 acre tract from RR-1, Rural
Residential, to RS-5, Low Density sing]e-Family Residential for
property located at 3263 Rohret Road. (REZ96-0003) (First
consideration)
Nov/
Moved by Kubby, seconded by Norton that we have first
consideration. Any discussion. Roll call- (yes). First
consideration is passed.
Moved by Kubby, seconded by Thornberry that we accept
correspondence. All in favor please say aye- (ayes). Okay,
moving on.
Kubby/ Before we expedite this in two weeks, I guess I would like
more of a reason that there is not controversy, so let's
collapse. If there is a construction deadline or something
like that, I am very accommodating. But to shorten our process
without there being a specific reason other than this isn't
controversial. So if we could ask Mary Jo to give us more
info.
Nov/
Part of the reason is we just put seven p.h.s on the agenda
for two weeks from today. We may just shorten our meeting time
by doing things like that occasionally.
Thornberry/ If there is no controversy and she requests it- If
there is nobody speaking against it.
Nov/
My guess it is the construction season that is moving these
kinds of recommendations at this time of the year. But we can
ask.
Thisrepresents only areasonably accurate ~a~a=ip~on of ~elowa CI~ coundlmaadngofAprt123,1996.
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 10
f.
Consider an ordinance amending the Zoning Chapter by changing the
use regulations of an approximate .14 acre parcel located at 24 N. Van
Buren Street from RM-44, High Density Multi-Family Residential, to R/O,
Residential/Office. {REZ95-0016)(Secondconsideration)(..~_~. )
Comment: At its February 15 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the requested rezoning.
The Commission's recommendation is consistent with the staff
recommendation contained in the staff memorandum dated February 9.
No comments were received at the March 26 public hearing.
Action:
Consider a resolution approving a preliminary plat for Galway Hills, Parts
Three and Four, a 27.77 acre, 78-1ot subdivision located south of
Galway Drive, east of Highway 218. (SU895-0032)
Comment; At its February 15 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of the preliminary plat
for Galway Hills, Parts Three and Four, subject to City approval of a
Grading Plan and Sensiti~ Areas Site Plan prior to Council
consideration of the preliminary plat. The Commission's
recommendation is consistent with the staff recommendation in the
report dated January 18. The Grading Plan and Sensitive Areas Site
Plan have been approved. On April 9, Council deferred consideration of
this item to April 23 to allow the applicant to resolve issues of access
and buffering with neighboring pr. pp.erty owners.
Consider a resolution approving the extraterritorial preliminary and final
plat of River Hill Addition, Johnson County, Iowa, a 10.3 acre, three lot
residential subdivision located at 4608 Oak Crest Hill Road SE.
(SUB96-0008) (60-day limitation period: May 14, 1996)
Comment: At its Aphl 4, meeting, the Planning and Zoning Commission,
by a vote of 4-1 with Jakobsen voting no, recommended approval of the
preliminary and final plat of River Hill Addition, subject to approval of a
Grading Plan prior to Council consideration. The Commission's
recommendation is consistent_with the recommendation of staff as cited in
the staff report dated Apdl 4. The Grading Plan has been approved.
#6e page 1
ITEM NO.6e. Consider a resolution approving a preliminary plat for
Galway Hills, Parts Three and Four, a 27.77 acre, 78-1ot
subdivision located south of Galway Drive, east of Highway 218.
(SUB95-0032)
Nov/ Moved by Vanderhoef, seconded by Lshman that we adopt the
resolution. Do we have any discussion?
Kubby/ Linda, did you see the memo that was on our desk?
Woito/ Yes, I forwarded it to the City Clerk who made copies for
you and I talked to Mary Reiman to make sure that I understood
the memo; Apparently the neighbors were under the impression
that when, at the meeting Larry Schnittjer outlined the Outlot
along the plat. That the lots would be also changed and I
don't- That wasn't our purview, I mean. It is a valid
preliminary plat and I didn't have any authority to even
request that. So, I think that was some of the confusion that
they vied for. If you are taking that many feet from some of
the smaller lots, that perhaps there would be some
rearrangement and that wasn't done and so I think the
neighbors do not want the buffering which means I presented
you with the original resolution which you had two weeks ago.
It doesn't include the condition.
Nov/ So we are moving to adopt a resolution exactly as it was two
weeks ago.
Woito/ Yes.
Kubby/ This whole situation seems really unfortunate. It makes me
want to- I don't know what the options are for having a
different process, not just because of this instance but there
have been lots of instances where it seems that if people
could come together on the front end of these decisions like
we do now when we do a major road redesign. That everyone who
has something at stake gets involved and it seems like the
product is better when that happens and I wish somehow we
could implement that in our planning and our platting
processes.
Baker/ Naomi, I would like to thankMr. Mullen and Larry Schnittjer
for taking time to go to that meeting and work with the
neighbors as bets they could and I am glad to see that they
participated.
Norton/ And Linda.
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F042396
#6e page 2
Baker/ It goes without saying, staff always gets our thanks.
Woito/ Well, I was kind of disappointed. I thought maybe we made
some progress and I did indicate that they were invited to
come tonight and confirm that I understood this correctly°
Kubby/ So, but the message was clear that they prefer the original-
Woito/ Overall, for the entire subdivision, the buffer would only
help a couple of lots and would take more from the smaller
lots which they didn't think was fair.
Kubby/ I mean that says something about the neighbors, too. That
they don't want to gain some buffering and at the expense of
someone else.
Nov/ Okay, roll call- (yes). Okay, we have adopted the resolution.
Do we need correspondence? Okay. Moved by Norton, seconded by
Lehman that we accept correspondence on this. All in favor
please say aye- (ayes). Okay, motion carried.
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F042396
#6f page
ITEM NO.6f. Consider a resolution approving the extraterritorial
preliminary and final plat of River Hill Addition, Johnson County,
Iowa, a 10.3 acre, three lot residential subdivision located at
4608 Oak Crest Hill Road SE. (SUB96-0008) (60-day limitation
period: May 14, 1996)
Nov/ Moved by Lehman, seconded by Thornberry. Any discussion?
Kubby/ Isn't this the plat where it was so far out that people were
kind of saying why is a grading plan needed? Isn't this the
instance for that discussion? I see some nods of the heads.
Franklin/ It wasn't so much the location, that it was so far out.
It is just south of town a little ways. But I think it had
more to do with the size of the subdivision and that, at least
in the near term, there was not any anticipation that the
particular lot was going to be built upon. But, subdivisions
standards would apply to subdivisions within the county and
the grading plan was required and it has been accomplished. It
is done.
Kubby/ And to me it doesn't matter if it is a small plat or a large
plat. That the purpose of the grading ordinance is to allow
the grading to take place but have it be done in a way that
the hills are stable. That it is done in a way that it doesn't
create more problems later for the community or for the
individual owner of that property. I am glad that we have this
ordinance.
Norton/ I have a couple of questions. This is another one of the
examples and we are hit with them every week and I feel like
we are being nickeled and dimed by these developments. We are
hit with it every week. We were with the fringe areas and so
the Sensitive Areas Ordinance. There is a timber out here,
there are slopes, there are all kinds of things that are in
limbo because we don't know where we are with where are Fringe
Area Agreement is and how ~ar we can go with those
requirements. This doesn't seem to be another one of those
cases like last week where we need that Sensitive Areas-
Franklin/ The Sensitive Areas Ordinance does not apply to
subdivision in the county. It will not tie to subdivisions i
the county unless you make it part of our subdivision
regulations. It is part of zoning, not a subdivision
regulation.
Kubby/ It is possible to make it part of our subdivision
This represents only o reasonably accurate transcription of the Iowa City council meeting of April 23, 1996.
F042396
#6f page 2
regulation?
Franklin/ I guess you could do whatever you wish to do.
Norton/ What about this? Can Lot 3 out there be subdivided?
Franklin/ Lot 3, the one that became an outlot. It is an outlot.
Norton/ Will that preclude it ever being subdivided later and then
get into the whole access question and so fourth?
Franklin/ If it were subdivided later, we would look at it at that
time. They would have to work out some kind of access through
the other lots and do re-subdivisions than what they are doing
right now.
Norton/ What does defining it as an outlot do to it?
Franklin/ It designates that it is not a buildable lot. It is for
agriculture purposes. It indicates-When you signify that you
have got an outlot, you have to specify what the use is for
and in this case, the use is for agriculture.
Kubby/ The other way to have a Sensitive Areas Ordinance or
sections of it be implemented in the fringe area. To have that
be part of our negotiating items about the Fringe Area
Agreement which there hasn't been support. There hasn't been
majority support to do that unfortunately. Although maybe that
has changed. We should check in on that.
Nov/
Maybe we will get back to this resolution. Any further
discussion on this? Okay, roll call- (yes). The resolution is
adopted.
This represents only a reasonably accurate transcription of the Iowa City council meeting of April 23, 1996,
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 11
ITEM NO, 7
IOWA ClTY'S FY97 ANNUAL ACTION PLAN, THAT IS PART OF THE
CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY
MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY
CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE
AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED
PLAN.
Comment: At its April 16, 1996, meeting the Housing and Community
Development Commission amended its recommendations regarding FY97
Community Development Block Grant and HOME Investment Partnerships
funding {see staff memo). The amendments were made in response to
comments received at the April 9, 1996, public hearing and discussions
with the City Council. The revised FY97 CDBG and HOME
recommendations are included in the Council packet. Correspondence on
this item is included in the Council packet.
a. PUBLIC HEARING
b. CONSIDER A RESOLUTION ~DOPTING (EXCLUDING FREE I~IEDICAL
CLINIC)
Action: ~./~/-~/~. //~..~J
c. CONSIDER A RESOLUTION ADOPTING THE COMMUNITY
DEVELOPIV1ENT BLOCK GRANT ALLOCATION FOR THE FREE MEDICAL
CLINIC WITHIN THE FY97 ANNUAL ACTION PLAN, THAT IS PART OF
THE CONSOLIDATED PLAN (CITY STEPS)
Action:
#7b page
ITEM NO.7 IOWA CITY'S FY97 ANNUAL ACTION PLAN, THAT IS PART OF THE
CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO
SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE
CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE
CONSOLIDATED PLAN.
b. CONSIDER A RESOLUTION ADOPTING (EXCLUDING FREE MEDICAL CLINIC)
Nov/ Moved by Kubby, seconded by Lehman. Any discussion?
Kubby/ I am not very happy about taking $50,000 from Housing Rehab,
especially knowing that it will most likely come from the
repairs to mobile homes and some possibly from the
accessibility rehab program. But the overall recommendation I
feel very comfortable with and I don't have an alternative
solution and therefore will gladly accept the committee's
recommendation with it.
Nov/ Our alternative is to take it out of the down payment
assistance which I think is not as necessary as repair of
mobile homes.
Norton/ Would you move that?
Nov/ I would not move that, no. I have said this. I have been on
this soapbox. It is my damning sermon and I will go along with
it reluctantly because I don't think they are enough people to
go along with my changing it.
Thornberry/ Well, I have been holding your soapbox for you. So, I
know where you are.
Kubby/ The other thing that is nice is that there are more economic
development projects that are coming to the committee and I
think it really helps broaden the intended use of these moneys
for really long term solutions for households. I really like
the diversity of projects. That might not happen otherwise.
Norton/ Has anybody been to Heartland Candles?
Nov/
I think this committee is one of our most hardworking groups
and they spent a lot of time on this and we appreciate their
efforts.
Vanderhoef/ Thanks to all of them.
Nov/ Yes. Roll call- (yes). Okay, this resolution has been adopted.
Thisrepresent8 only 8reesonably eccurste ~enscrlp~on of ~elowa Cl~ cound] meeting of Apd123,1996.
F042396
#7c page 1
ITEM NO.7 IOWA CIT¥'S FY97 ANNUAL ACTION PI~tN, THAT IS PART OF THE
CONSOLIDATED PIJLN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO
SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE
CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE
CONSOLIDATED PLAN.
c. CONSIDER A RESOLUTION ADOPTING THE COMMUNITY DEVELOPMENT BLOCK
GRANT ALLOCATION FOR THE FREE MEDICAL CLINIC WITHIN THE FY97 ANNUAL
ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS)
Nov/ Moved bY Baker, seconded by Lehman. Any discussion?
Kubby/ I will be abstaining as I am on the board at the Free
Medical Clinic.
Nov/ Roll call- (yes; Abstain: Kubby). Okay, motion carries, 6-0-1,
Kubby abstains.
Kubby/ Thank you very much, council, for having it set up this way
so I could vote on the rest of the items.
Thlsrepr~en~ only orea$onably accur~o ~ans=Iptlon of ~elowa Ci~ycoun~lmee~ngofApff123,1956.
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 12
ITEM NO. 8
ITEM NO. 9
PUBLIC HEARING ON ALLOCATION OF $100,000 OF FY96 COMMUNITY
DEVELOPMENT BLOCK GEANT AND $100,000 OF FY96 HOME
INVESTMENT PARTNERSHIP FUNDS TO ROBERT BURNS AND
GREATER IOWA CITY HOUSING FELLOWSHIP FOR AN AFFORDABLE
RENTAL HOUSING PROJECT.
Comment: These funds had previously been allocated to the Burns\GICHF
Partnership for an affordable rental housing project on Old Dubuque Road.
A new affordable rental housing proposal has been submitted for 16 lots in
Walden Ridge Part 4. At their April 4, 1996, meeting, the Housing and
Community Development Commission recommended the reallocation of
FY96 CDBG and HOME funds for the proposed project.
PLANS, SPECIFICATIONS, FORM OF CONTEACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL 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.
Comment: This project involves construction of a force main and graviW
sewer to connect the new landfill lift station to the sanitary sewer system
of Iowa City for treatment of the landfill leachate. The estimated cost of
9350,000 will be funded by landfill revenues. See memo from staff.
a.PUBLIC HEARING
Action:
CONSIDER A RESOLUTION APPROVING
Action: ~~/.~.~
#9b page
ITEM NO.9 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL 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.
b. CONSIDER A RESOLUTION APPROVING
Nov/ We need a motion to defer the resolution indefinitely. Moved
by Vanderhoef, seconded by Thornberry. Any discussion? Steve,
do you have any discussion?
Arkins/ No, other than we just need to seek IDNR approval and we
prefer that you postpone the action on and we will bring it
back to you.
Nov/ Okay, all in favor please say aye- (ayes). Motion carries.
Thisrepresents onW oreasonebly 8ccuratetrans~p~onofthelowo City coun~lmeeUngofApd123,1996.
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 13
ITEM NO. 10
96- 3qz?
ITEM NO. tl
$73o
ITEM NO. t2
CONSIDER AN ORDINANCE ESTABLISHING PASSENGER CONDUCT ON
BUSES IN IOWA CITY BY ESTABLISHING CONDUCT GUIDELINES FOR
PASSENGERS AND ESTABLISHING GUIDELINES FOR THE REMOVAL
OF PASSENGERS. (SECOND CONSIDERATION)
Comment: This action is being taken to establish conduct guidelines for
passengers on Iowa City Transit. Recently, there have been instances
where the actions of some passengers have infringed on the rights of
others. This action is necessary to insure the safe and continued use of
transit by passengers and to establish a safe work site for the Mass Transit
Operators.
Action:
CONSIDER AN ORDINANCE REPEALING ORDINANCE NO. 92-3530
ESTABLISHING A TAX FINANCING INCREMENT MECHANISM FOR THE
NORTHGATE CORPORATE PARK URBAN RENEWAL AREA.
(SECOND CONSIDERATION)
Comment: The proposed ordinance would repeal the ordinance establishing
the tax financing increment mechanism for the Northgate Corporate Park
Urban Renewal Area.
Action:
CONSIDER AN ORDINANCE AM_FND!NG TITLE !4, CHAPTER 3, "CITY
UTILITIES," ARTICLE E, "WASTEWATER TREATMENT WORKS INDIRECT
DISCHARGE" FOR THE CITY CODE BY ADDING PROVISIONS TO
REGULATE HOLDING TANK WASTE TRANSPORTERS (LIQUID WASTE
HAULERS), (PASS AND ADOPT)
Comment: The City of Iowa City Wastewater Treatment Plants, known as
Publicly Owned Treatment Works (POTW) under federal law, has been
requested by the IDNR and the EPA to adopt regulations concerning holding
tank waste transporters or haulers of liquid waste ("honey wagons").
#10 page
ITEM NO.10 CONSIDER AN ORDINANCE ESTABLISHING PASSENGER CONDUCT ON
BUSES IN IOWA CITY BY ESTABLISHING CONDUCT GUIDELINES FOR
PASSENGERS AND ESTABLISHING GUIDELINES FOR THE REMOVAL OF
PASSENGERS. (SECOND CONSIDERATION)
Nov/ This is second consideration and this is one of these things
that the drivers have been pushing for a long time. So if
anybody feels like collapsing, we could do that.
Moved by Thornberry, seconded by Lehman that we waive second
consideration. Any discussion? Okay.
Kubby/ I think we should follow our normal processes unless there
is some specific reason why we should divert from them. So I
will be voting no.
Nov/ Roll call- (yes; no: Kubby).
Moved by Thornberry, seconded by Lehman that we have this
ordinance finally adopted. Any discussion? Roll call- (yes).
The ordinance has been adopted.
Thtsrepr~entsonlyareason~lyaccu~e ~m~sc;lptlon ofthelowaC[~ cound]mee~ngofAp;l123,1996,
F042396
#12 page 1
ITEM NO.12 CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3,
~CITY UTILITIES," ARTICLE E, ~WASTEWATER TREATMENT WORKS INDIRECT
DISCHARGE" FOR THE CITY CODE BY ADDING PROVISIONS TO REGULATE
HOLDING TANK WASTE TRANSPORTERS (LIQUID WASTE HAULERS). (PASS AND
ADOPT)
Nov/ (Reads agenda item and comment.)
Baker/ Go ahead, Naomi, and say it.
Nov/ Say what?
Baker/ Honey wagon.
Nov/
I haven't said anything else that has been in parenthesis. I
just ignore it. All right. Moved by Lehman, seconded by
Vanderhoef. I have to tell you about the meeting I went to
this afternoon with Randall Arnstwho-Arendt. He is an expert
on rural development and his comment was at the time we send
a property tax bill to a property owner that has a septic
system, we should have a note on it once every five years,
once every three years, you must drain your septic tank. You
must send me within the next six months a certificate of
receipt from the honey wagon transporter.
Kubby/ You know, I was on the On Site Waste Water Management
District Committee, the septic tank crew.
Thornberry/ You were a honey wagon driver?
Kubby/ Not a driver but I was representing the council and we came
up with this really easy postcard reminder system for people
in the county so that it wasn't that you had to pump your
tank. You had to check your tank to see if it was pumped with
a note for the honey wagon people saying we checked it, it
didn't need to be pumped or it was p~mped and everything is
fine and the Board of Supervisors did not support that
reminder educational system.
Nov/
That is unfortunate. They were not going to work on reminders.
He was going to say you must do this on the property tax bill.
Not you must do it in terms of you must look at it but you
must do it in terms of something.
Norton/ What now happens if they don't do it? What happens?
Kubby/ Nothing. The septic system can fail. Stuff can flow from
This represents only o reasonably accurate transcription of the Iowa City council meeting of April 23, 1996.
F042396
#12 page 2
their , into the river and then we have to treat it.
Norton/ I can understand the consequences but here is one of those
voluntary compliance matters.
Thornberry/ I tell you what. It could be right. I mean, who would
want to have their own septic system back up. I think it
should be a-
Kubby/ There are a lot of failed septic systems.
Lehman/ This is really another discussion we are talking about.
Norton/ Well, there are a lot of us city folks who move out and
really do not understand how you maintain a septic system.
Kubby/ They don't even know where it is.
Nov/ I am sure this happens.
Thornberry/ I will invite you over and give you a class.
Nov/ Look, it happens. There are people who just don't know and
reminders could work.
Thornberry/ Reminders, yes. But mandatory compliance, I don't-
Nov/ Well, you can wait then until it comes up through your toilet
because-
Thornberry/ That is right. That is why-
Nov/ We don't want to have that happen.
Thornberry/ That is why I don't think
necessary.
Nov/ on. Roll call-
Okay, moving
carried.
mandatory compliance is
(yes). Okay, the motion is
Thisrepresents only areasonably accurate Vanscrlptlon of ~elowa ClWcouncllmeafing of April23,1996.
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page t 4
ITEM NO. 13
ITEM NO. 14
ITEr.", NO. 15
CONSIDER A RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF
$120,000 GENERAL OBLIGATION CAPITAL LOAN NOTES OF IOWA CITY,
IOWA, AND PROVIDING EVIDENCE OF NOTICE THEREOF.
Comment: This resolution sets a public hearing for May 7, 1996, to
receive public comment on the proposed action to enter into a loan
agreement and issue $120,000 of General Obligation Capital Loan Notes to
finance a portion of the new Fire Pumper,
CONSIDER A RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF
$175,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A
GENERAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF.
Comment: This resolution sets a public hearing for May 7, 1996, to
receive public comment on the proposed action to enter into a loan
agreement and issue 9175,000 of General Obligation Capital Loan Notes to
finance the University Lighting Project.
/
'r^ ~ ~ C.ASSiFiC^T,ONiCOMPENSATiOI~.
RESOLUTION ES,,.BL,..HING
PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND
EXECUTIVE EMPLOYEES FOR FY97, FY98, AND FY99,
Comment: This is a three-year compensation plan for all administrative,
confidential, and executive employees. It is consistent with adjustments to
be made to the general employees classified plan as a result of the recently
negotiated three-year collective bargaining agreement.
#13 page 1
ITEM N0.13 CONSIDER A RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $120,000
GENERAL OBLIGATION CAPITAL LOAN NOTES OF IOWA CITY, IOWA, AND
PROVIDING EVIDENCE OF NOTICE THEREOF.
Nov/ Moved by Norton, seconded by Vanderhoef.
Thornberry/ A $125,000 for a fire pu~per?
Arkins/ $240,000.
Thornberry/ All right, $240-
Atkins/ Just half of it. We paid cash for the other half.
Kubby/ Because we had a reserve fund which we now won't have.
Atklns/ That is correct.
Nov/ And this is not a bond issue? What is the capital loan note?
Atkins/ A capital loan note is a form of debt not unlike a bond
issue. The state law allows us to use these capital loan notes
and they are particularly advantageous for these smaller
amounts. What we are able to do is issue a capital loan note.
We don't have any bond issuance costs. Don't office takes care
of it and local banks then can purchase these debt
instruments. So it is advantageous locally, a lot less costly.
But the problem is that you can really only use it for smaller
projects.
Kubby/ So the agreement is between the city and the financial
institution?
Arkins/ Yes. But we do not have the bond issuance costs that you
normally would have.
Thornberry/ What is the limit on those? Is there a limit like-
Arkins/ There is a $700,000 limit in the law with respect to
referendum requirements and then it gets a little fuzzy after
that.
Thornberry/ Is that total or each item?
Atkins/ That is each item. If you can get the- The bottom line,
Dean, is you can get your bond counsel to say that this group
Thlsroprose~s only a Masonably accur~e ~sns~lptlon ofthelows Clty coun~lmeefing of Ap;1123,1996.
F042396
#13 page 2
of projects does not exceed then in some respects circumvents
the referendum requirement.
Vanderhoef/ Do we go ahead and go to several institutions?
Arkins/ Sure, we would market it. Just Don's folks will market it
like we would anything else. We just don't have to pay for the
bond issuance.
Vanderhoef/ For the best interest.
Arkins/ Sorry, Karen-
Kubby/ You answered my question.
Nov/ Any other discussion? Roll call- (yes). Okay, the resolution
is adopted.
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F042396
#14 page 1
ITEM NO. 14 CONSIDER A RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $175,000
GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A GENERAL CORPORATE
PURPOSE) OF IOWA CITY, IOWA, A~D PROVIDING FOR PUBLICATION OF
NOTICE THEREOF.
Nov/ Moved by Xubby, seconded by Vanderhoef. Can we have a little
description of what that means?
Arkins/ The same financing mechanism applies to this project. This
$175,000 will finance the installation of lighting at what is
now the university's softball fields. We will pay for the
lighting and certain maintenance and energy obligations. In
return, we have a long term agreement with the university for
the use of those fields, particularly critical this year for
our girl's softball program. But in the long run we are going
to have three very nice fields available to us for softball
which allows us to play or schedule further into the evening.
Kubby/ Good cooperative efforts.
Atkins/ It is a good project.
Nov/ We also had good cooperative effort on the design of the
lighting system from the university electrical engineers.
Atkins/ Good project.
Nov/ Okay. Any other discussion?
Thornberry/ Was the design without a review? Never mind, we will go
Nov/ Roll call- (yes)° This resolution has been adopted.
Thlsrepresent~only a reasonably eccurate ~anscrlption of thelowa Citycouncil meeting of April 23,1996.
F042396
#15 page i
ITEM N0.15 RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION
PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE
EMPLOYEES FOR FY97, FY98, AND F¥99.
NOV/ Moved by Kubby, seconded by Vanderhoef. Discussion.
Atkins/ I would like to comment before you have your discussion. It
was brought to my attention that I failed to point out in the
comment, this three year adjustment for percentages mirrors
the AFSCME agreement which is 3.25% the first year, 3% the
second year, and in the third year 2% after six months and
another 2% which is works out- It is the same as the AFSCME
agreement and the pay plan that you have represents that.
Norton/ What are the percentages across the top mean, Steve, on
each page?
Atkins/ Oh, that is the percentages. That is the various steps that
an individual has. The percentages in between the steps.
Norton/ In between the steps, one step to the next, okay. I
couldn't find my calculator.
Thornberry/ I understand that administrative and executive
employees. Who are the confidential ones? Or is that
confidential?
Norton/ They work for the CIA.
Arkins/ We have a group of employees, just by naming folks, Lisa
Hasinger, my administrative assistant in my office. The folks
in Document Services. Marian's support staff. Linda's support
staff.
Thornberry/ I thought Marian was administrative?
Helling/ Basically they are non-administrative employees who would
be in the union except that they are exempt because of certain
confidential information that they might have access to,
primarily in relation to collective bargaining.
Thornberry/ Thank you.
Karr/ Dean, it is my staff, not me. My staff at the office.
Atkins/ I am sorry. I mean Marian's staff.
Thtsroproeon~ only areasonab]y accur~o ~an$crlptlon oftholowo Cl~ coun~l meeting ofApd]23,1996.
F042396
#15 page 2
Woito/ I have both confidential and administrative. Secretary and
legal assistant are confidential (can't hear).
Nov/ But the secretary in some other departmentswho did not handle
confidential materials would have been in the AFSCME plan.
Atkins/ That is correct.
Norton/ So this is the first year of the agreement?
Atkins/ Yes, this begins July i of this F¥ and we have adopted a
pay plan for the next three years.
Thornberry/ 3.25, then 3, then 2 for six months and 2 for six
months, equals 3.
Atkins/ Yes, right.
Thornberry/ I always wondered how the city came up with 2 plus 2
equals 3. Now I understand.
Atkins/ You understand it is on the base.
Norton/ It is like that old average speed problem. It is a toughie.
Nov/ Well, considering other problems, this is not one of our
toughies. Roll call- (yes). The resolution is adopted.
This represents only 8 reasonably accurate tmnscdptlon of the Iowa City council meeting of April 23, 1996.
F0'~2396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 15
ITEM NO. t6
_ %-//5
ITEM NO, 17
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF
IOWA CITY, AND IOWA CITY COFFEE COMPANY DIBIA JAVA HOUSE
FOR A SIDEWALK CAFE.
Comment: Iowa City Coffee Company, {Java House) applied for permission
to operate a sidewalk cafe on the public right of way in front of 211 1/2 E.
Washington Street. City staff inspected the area and Design Review met
on April 15, 1996, and recommended approval. The application and
supportive material is included in Council's packet.
CONSIDER A RESOLUTION_ APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND BEAR CREEK ARCHEOLOGY, INC., OF CRESCO, IOWA, TO
PROVIDE CONSULTANT SERVICES FOR AN ARCHEOLOGICAL SURVEY
AND CULTURAL RESOURCES INVESTIGATION OF THE WATER
FACILITIES SITE,
Comment: Proposed Water Facility Improvements include the construction of
roadways, water source and treatment facilities, water pipe lines, and
improvements to the Iowa River Power Dam. The proposed improvements on
the peninsula and water plant site (Butler Farm) may impact amheological and
cultural resources under the assumption that these si~es provide the
physiographic context for archeological deposits. Also, the Butler residence
and '~ Iowa River Power Dam may be eligible for inclusio,~ i~ the National
Register of Historic Places. The completed report prepared by Bear Creek
Archeology, Inc. under the terms of this agreement will provide the City with a
management plan that will aid in the development and construction of the water
facilities and provide a long range management plan if any future additional
development is considered. The agreed upon lump sum fee is $42,336.23.
Funding will be provided from General Obligation Bonds abated by water
revenues.
#16 page
ITEM NOo16 CONSIDER ARESOLUTION AUTHORIZING THEMAYOR TO SIGN AND
THE CITY CLERKTO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF
PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY
COFFEE COMPANY D/B/A JAVA HOUSE FOR A SIDEWALK CAFE.
Nov/
Moved by Lehman, seconded by Norton. Any discussion? I have
one comment. In the way I was looking from a fee mentioned in
the resolution. It says somebody applied for permission. I was
looking for the next item, apply for permission and pay the
fee.
Karr/ The fee is part of the application process. It would not be
before you if the fee were not paid. The fee is set by
resolution based on square footage.
Nov/
I understand. I just wondered why in something like this we
don't say that somebody applied for permission and paid the
fee, therefore we are going to allow them to do it.
Karr/ In the comment? Sure we could do that.
Thornberry/ Do they get the fee back if it is not approved?
Nov/ I don't know.
Karr/ Yes, if it is not approved, it is refunded. There is a charge
for it. It is not a total refund.
Norton/ Everything is in here for responsibility for keeping the
papers from blowing around, I trust.
Karr/ Yes it is. It is written in the ordinance itself.
Norton/ Somebody leaves a newspaper on the table and the whole
newspaper is gone. If that actually happens. They blow off a
stair step, too. I recruited a crew and we picked up a bunch
of paper on Washington Street and we didn't get any credit.
Baker/ Was this while you were running for office.
Norton/ Yes.
Woito! You had a question last night about putting these routinely
on the Consent Calendar?
Karr/ Yes.
This represents only ereasonably accur~e ~ansc~lption ofthe Iowa C~tycounci] meeting of April23,1996.
F042396
#16 page 2
Woito/ That is up to you. Your resolution on what you put on the
Consent Calendar is defined as routine matters. If you deem
them routine, fine. Prior council did not. They wanted to see
the agreement.
Thornberry/ We just started on the last council, right?
Nov/ And I would still prefer to see it, particularly if it is not
a renewal. Because when we looked at this last year and
commented on if it is safe and do we need some extra help for
people who are not seeing well. We did make those kinds of
changes in the design and layout and I think until this
becomes very routine, it ought to be on the calendar.
Woito/ So we will leave them off the Consent Calendar.
Vanderhoef/ Is there a way to do renewals on Consent Calendar and
we can review new ones?
Woito/ Sure, we could do that.
Kubby/ I like that.
Norton/ Why not.
Woito/ (Can't hear).
Kubby/ This is another ordinance that there was a lot of fear and
controversy that hasn't really been lived out. That the
negatives that people were afraid of. I think it has been, so
far, a really- It has really increased the charm of d.t. and
added another positive thing for our d.t. I am glad the Java
House has reapplied. It means it ia good for them that they
reapplied.
Nov/ ~ny other discussion? Roll call- (yes). Resolution has been
approved.
Thlsrepresentaonlyareasonably accurate ~an$crlptton of ~alowa Cl~ council meeting of Aprt123,1996.
F042396
~17 page
ITEM NO.17 CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND BEAR CREEK
i~RCHEOLOGY, INC., OF CRESCO, IOWA, TO PROVIDE CONSULTANT SERVICES
FOR ANARCHEOLOGICALSURVEYAND CULTURALRESOURCES INVESTIGATION OF
THE WATER FACILITIES SITE.
Nov/ Moved by Kubby, seconded by Lehman. Discussion?
Kubby/ I have a question for Chuck and it might just be a typo but
it really changes the meaning of the sentence and the
objective of the scope of work. I am looking at the third line
of the attachment A and it says that a survey shall provide an
assessment of complete project area and identify both
previously unreported sites and relocate sites previously
recorded.
CHANGE TAPE TO REEL 96-54 SIDE 2
Kubby/ Meaning that we will look at those and assess them but we
are not going to automatically be relocating all previously
reported sites?
Schmadeke/ That is ' ~
right. We are not going to be relocating.
Kubby/ So we are assessing relocated sites?
Schmadeke/ That is right.
Kubby/ That other interpretation did not make sense but so we are
really clear about what we are really doing. Thanks.
Norton/ I have a question, Madam Mayor. I have of couple. I was
curious about a couple of matters. Were this expenses included
in our water plant site plan? Are these-
Schmadeke/ No, they were not.
Norton/ Is this a response to some of the things that we ran into
do%rn south?
Schmadeke/ Yes.
Norton/ That is we are trying to head them off? That is to make
sure we don't get into some of those problems.
Kubby/ But we always knew that we were going to have to do an
Thlsrapresenls only areasonably accurate ~enacrtptlon ofthelowa City coundt meeting of Ap~123,1996.
F042396
#17 page 2
areheological assessment of the site because we knew there
were recorded sites on this property.
Schmadeke/ We didn't realize that we had to pay for it. If you look
at the regulation or at least my interpretation of the
regulations is that permitting agency is responsible for the
work and in this case it would be the Corps (can't hear).
Baker/ So that raises an obvious guestion.
Woito/ We learned a lot more after my office did some research that
there are some regs in the Al~y Corp of Engineers that makes
it very clear that they can require us to do it. So it was a
considerable education experience when we had the cease and
desist order because we were ready to take them to court but
we don't have a leg to stand on.
Norton/ Pardon me, how much to you expect this is- I understand
this is Phase 1. W"nat do you project for Phase 2? It depends
on what they run into, I take it. Could that get hunongous? I
don't know what humongous means in this context either.
Kubby/ If for some reason we found a Native American burial site,
there are very specific laws in Iowa about that,
Norton/ It could run into considerable-
Kubby/ It matters what you find.
Thornberry/ But there is good water there°
Kubby/ It is an unlikely site for any kind of burial site but-
Nov/ That is pretty much a worse case scenario.
Norton/ I tak~ it this may be a feature of many of our projects in
the future. You know, almost anywhere around here the-
Woito/ If you have to get use a nation wide permitting process for
the Army Corps of Engineers it is because that triggers that
federal historic preservation regulations which in turn
triggers the state preservation regulation.
Norton/ They are probably sending us the money from Washington.
Woito/ No doubt.
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F042396
#17 page 3
Nov/ Any year now.
Kubby/ It could be any project we do because of our SensitiveAreas
Ordinance if we intend to live out the intent to follow it.
Woito/ That would be your choice. This is not your choice.
Nov/ Any further discussion? Roll call- (yes).
Thisrepresents only are~on~bly accurate ~esscfiptlonofthelowa Ci~ council mes~ng of Apd123,1996.
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 16
ITEM NO. 18
ITEM NO. '19
CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CiTY OF IOWA CITY
AND SHOEMAKER & HAALAND, PROFESSIONAL ENGINEERS, TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE
MAIN PROJECT,
Comment: This agreement di~cts Shoemaker & Haaland to provide
construction inspection and survey staking services on this project. Contracted
services will total $28,955 and will be funded by 1995 General Obligation
Bonds to be recovered by tap-on fees. Maxwell Construction, Inc. of Iowa City
was awarded the construction contract on February 13, 1996.
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE FIRST AVENUE RECONSTRUCTION PROJECT
WITH THE IOWA DEPARTMENT OF TRANSPORTATION.
Comment: This agreement provides for a 80% Federal/20% City funding split
up to a maximum amount in Federal funds of $400,000. Federal funds will be
administered by the Iowa Department of Transportation. The project involves
reconstructing and widening of First Avenue from Muscatine Avenue to Ralston
Creek including a right turn lane on the east leg of Muscatine Avenue and a
new box culvert constructed for Ralston Creek. The preliminary estimated
construction cost is $590,000. T~e local share of this project will be funded
with General Obligation Bond proceeds and Road Use Tax revenues.
Action:
#18 page
ITEM NO.18 CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEI~ER &
I~D, PROFESSIONAL ENGINEERS, TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND
FORCE MAIN PROJECT°
Nov/ Moved by Thornberry, seconded by Lehman. Discussion.
Baker/ Can I get some clarification on this to be recovered by tap
on fees? That is 100% of the cost of the tap on fee? The
$28,0007
Arkins/ I think, to the best of my knowledge, (can't hear).
Rob Winstead/ The tap on fees will be recovered for the portion of
the project that directly opens up some new service area for
the sanitary sewer. The bid process we got from Maxwell back
in February were so attractive that since that time we have
been negotiating additional work be done, that we could meet
our obligation as part of the NCS grant and part of that
additional work is the connect the new lift station to the old
lift station and actually eliminate the old lift station. Now
that connection of those lifts stations does not directly
provide the sewer service for that new area and I don't
believe those costs can be recovered through tap on.
Atkins/ Do you remember the portion? I would like to answer Larry's
question a little more specific. the project is about $425,000
and I recall, we did get a good bids. Do you remember the
portion that is recoverable?
Winstead/ The portion of the construction costs that are
recoverable are in the neighborhood of $300,000.
Baker/ Which leads to my more general questionwhich was either for
you or Linda. We have talked in the past about a water and
sewer impact fee and that had been put on hold and I am
wondering what the status is of that proposal.
Atkins/ We have been over it many number of times. Staff can't
agree. I thinkwe are going to have to bring something back to
you and let you hear what we have to say.
Kubby/ Maybe we need to hear A & B.
Atkins/ That is the point, Karen, none of us are right or wrong. It
This represents only a roason~ly accurate transcription of the Iowa City council meeting of April 23, 1996.
F042396
#18 page 2
is just the whole approach to the issue, particularly trying
to make it legal. That has been the difficulty all along.
Linda was waving her hands a lot of times during the debates.
Baker/ Just some sort of update about what the status is.
Woito/ We need to have Ralph put those in writing. I finally agreed
with Chuck. He was right.
Arkins/ It is a first, Chuck. You had better grab that and go with
it.
Norton/ May I ask one more question? Is there some difficulty at
times deciding who is benefitted by, which particular
properties are benefitted by this kind thing and therefore
subject to the tap on? Is that sometimes the issue?
Winstead/ Normally it is more straight forward because you have a
drainage area that you are running the sewer to and it just so
happens that with the elimination of an existing lift station,
that is the portion of the project that isn't required for
these new people that are going to the new lift station.
Woito/ Dee, we have an ordinance that is construction site specific
for sanitary sewer installation. That is for all of the cost
from beginning to end. But that is entirely different than an
impact fee which would pay for a large CIP like a plant that
serves the whole city. So it is a different analysis.
Norton/ I just wondered, in this case, if anybody was ever
surprised when they got a bill?
Atkins/ No, usually the developers who come in, that is part of
their routine process in explaining. They are looking for what
it is going to cost them as they package the property
together.
Nov/ This is not literally a bill. It is included in the price of
the lot.
Norton/ Yes, yes, I understand that.
Kubby/ Does everyone know Rob? Has everyone met Rob before? This is
Rob Winstead in the Engineering Department. So you know who
you are talking to.
Baker/ He doesn't come to enough of our meetings.
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F042396
#18 page 3
Arkins/ Dan Scott is the other gentleman in the back of the room.
he does the landfill things. He is another one of our
engineers.
Thornberry/ They must have lives.
Arkins/ They do.
Woito/ They have families and lives.
Baker/ They had a drawing and they lost.
Atkins/ No, Chuck is here tonight.
Norton/ That is all I have.
Nov/ Any other discussion? Roll call- (yes). Okay, the resolution
has been approved.
Thiorepresents only areasonably eccuratetranscrlpfion oftholowa CIw council meeting of Ap~123,1996.
F042396
~19 page
ITEM NO.19 CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE FIRST AVENUE RECONSTRUCTION PROJECT WITH THE IOWA
DEPARTMENT OF TRANSPORTATION.
Nov/ Moved by Baker, seconded by Thornberry. Any discussion?
Vanderhoef/ I will be voting no this particular resolution. I was
not on the council at the time that this resolution became the
design project of this resolution. I don't agree with this
contract and I was given the opportunity to discuss it in
February with this council to see if they would reconsider it
and they chose not to. There were not four votes to do this.
However, I still feel that this is a misuse of our funds at
this time when we could be doing a larger project that would
last the full life span of the project in the concrete which
would be 25 years and this project will probably only see us
through 10-12 years.
Baker/ Dee, since you brought it up, maybe the public needs to
understand what the disagreement was. It was the difference in
the width of the road, between three and four lanes. Is that-
This provides for a three lane road and you are advocating
four lanes.
Vanderhoef/ Right.
Baker/ Thank you.
Thornberry/ As I understand it, when we were talking about that,
Dee, it had been ongoing for some time. It wasn't- They had
done- The city had done a lot of work on this project already
getting measurements and so on as I understand it. A lot had
been done by the time we came on board. So much so that if
they would have to go back to start over again would have put
it back another year, another season probably of building.
Vanderhoef/ I am not sure that is true but it is neither here nor
there.
Kubby/ Actually I had another question. In our Consent Calendar we
are setting p.h. on plans, specifications about this. yet we
are voting on it and that seems a little not right. So maybe
someone could- This is just about money.
Woito/ A simple agreement with the DOT which really doesn't have
anything to do with the actual design specs. It will be next
time.
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F042396
#19 page 2
Kubby/ Dee might choose to vote yea and nay for the money. I mean
you could vote yes to have an agreement with IDOT but vote no
when you get to the actual specifications. Although you might
not feel comfortable having an agreement about money in any
light.
Nov/
Anyway, what we are talking about is an agreement that federal
money will give us 80% of the cost of this whenever it is
constructed. In order to have this agreement, we have to sign
something with the IDOT. Correct? Okay. Any further
discussion?
Thornberry/ 80% federal now is better than maybe later, maybe not
later from the federal government. So if we can get it now, we
had better get it.
Nov/ Any other discussion? Roll call° (yes, no: Vanderhoef). Motion
carries on a 6/1 vote, Vanderhoef voting no.
Thlsrepresents on~ o reasonably aecurots ~nsc~pNon oft he Iowo CI~ council meeting of Apdl 23, 1956,
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 17
ITEM NO. 20
., %-//?
ITEM NO, 2'1
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE FIRST AVENUE RAILROAD CROSSING
SURFACE RECONSTRUCTION PROJECT WITH THE STATE OF IOWA
AND THE IOWA INTERSTATE RAILROAD.
This agreement provides for a 60% State/20% Railroad/20% City funding split
to reconstruct the Iowa Interstate Railroad crossing at First Avenue. The
project involves e!iminating two out of the three track crossings presently in
place, reconstructing the remaining crossing with concrete railroad panels, and
reconstructing the roadway approach with concrete pavement including
sidewalks. This work wi!l require up to a seven day closure of First Avenue in
June 1996. Emergency access will be provided for Police, Fire and Ambulance
use. The City share of the project is expected to be $29,000 and will be funded
by Road Use Tax.
ANNOUNCEMENT OF VACANCIES,
a. Previously announced vacancies.
(1)
Histodc Preservation Commission - One at-large vacancy to fill a
three-year term ending March 29, 1999. (Betty Kelly's term ends.)
(3 females and 4 males currently senre on this commission.)
This appointment will be made at the May 21, 1996, meeting of
the City Council.
ITEM NO. 22 CITY COUNCIL INFORMATION,
#20 page 1
ITEM N0.20 CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE FIRST AVENUE RAILROAD CROSSING SURFACE
RECONSTRUCTION PROJECT WITH THE STATE OF IOWA AND THE IOWA
INTERSTATE RAILROAD.
Nov/ Moved by Lehman, seconded by Vanderhoef. Discussion.
Kubby/ Why is the state and the city funding the repair of the
railroad's property?
Thornberry/ Because the railroad won't do it.
Norton/ Good question.
Atkins/ Ask Ralph.
Kubby/ I am not saying that makes any difference but I may feel
better for the moment.
Nov/ Anything else? I have a question for Rob. Can we be sure that
when this road is closed it will be after the school is out of
session?
Winstead/ That is part of our arrangement with the railroad on the
scheduling. You want to get it after school is out to make
sure we finish it up before July which would be the earliest
possible start date on the First Avenue paving if everything
falls into place.
Nov/ Thank you. Roll call- (yes). Okay, this resolution has been
adopted.
Thisrepresents only ereason~bly accuratetranscription ofthelowa C~councll mee~ng of Ap~123,1996.
F042396
#22 page 1
ITEM N0.22 CITY COUNCIL INFORMATION.
Nov/ City Council Information. Mr. Norton.
Norton/ Okay, I will be real quick. One that relates to just the
announcements. Somebody, one of my colleagues, Art Miller
actually, suggested to me or asked do we put committee
community vacancy notices in the neighborhood newsletters. Do
we?
Karr/ We offer them. I will certainly follow up.
Norton/ I certainly think we should because it would be a good
place to get people that are active.
Karr/ I believe we do but I will follow up on that.
Norton/ We certainly hadn't had the numbers to choose from that I
would think desirable in recent openings.
Nov/ Sometimes the newsletter comes out in an inopportune moment.
We do try.
Norton/ It would be another way to- Because this is kind of late.
Often our meetings are kind of late when the notices come out
on the air.
Nov/ They get rebroadcast.
Norton/ I want to reiterate again the concern that I mentioned last
night and I want to acknowledge that Dick Dolezal is the one
who spoke to me about some of the trucks at the cemetery and
I trust that will be-
Atkins/ It has been taken care of. We informed Terry.
Norton/ Particularly at Memorial Day but all of the time. And I was
distressed by the letter in our-from Jane Klitzka, the
Grantwood Neighborhood about the junk in the wetlands. The
construction stuff in the wetlands. Is there any-
Atkins/ There was some legitimate complaints by Jane and folks, we
were on the contractor to do our best to make sure they are
good housekeepers and we stay after them.
Norton/ Okay, well, one more. I get my usual concerns about
enforcement of the skateboards in the ped mall but somebody is
This represents only 8 raoson=bly accurate t~on$cdptlon of 1he Iowa City council meeting of April 23, 1998.
F042396
#22 page 2
always pointing to me there goes a skateboard and they wonder
why I am not arresting. I say give me a break. I say why don't
you make a citizens arrest, you are bigger than I am. But it
continues to be a bit of a problem. I won't go into my other
long list.
Nov/ Karen.
Kubby/ I just have one item. I wanted to invite everyone to a May
Day celebration which is sponsored by the American Federation
of Teachers. Local 716 of which I am a member of which all of
you are eligible for being members of if you should choose to
join AFT 716. The celebration will be May 1 on May Day and the
Plaza stage in the mini-park and there will be a literature
table, the AFT singers will be there singing Labor Day songs
and labor songs and there will be a few speeches but mostly
open mic where anyone can come and say whatever they want and
that is from noon to 1:00, May Day. So come help celebrate.
Thanks.
Thornberry/ I would like to say that I helped plant a couple of
trees at the Reno Park last Saturday and it was very very
cold. But these were two red bud trees and this is the state
tree of Oklahoma and these were planted in memory of the
children who died in the Oklahoma City bombing and the trees
were partially paid for by the children of Goosetown where
Reno Park is located through the sales of their lemonade
stands and stuff and they have done a lot. The people in that
Reno Park area have done a lot with that park. They have
planted all but one or two of the trees on the whole park just
through their neighborhood association and they do need some
playground equipment that I understand is going to be looked
into. They got some playground equipment many years ago that
was used from another park and it is kind of sad shape. Just
some swings and a slide. Kind of dangerous now. They are
looking to get some more from the city when they can. But they
are keeping them fixed up and they do the work on th~m and
they keep them painted and they do- They are just super super
people and I appreciate their effort on these red bud trees.
That is all I have.
Vanderhoef/ I would like to thank the Roosevelt School and in
particular the librarian, Marianne Marie Kraus who invited me
to come and be part of their reading project and it is real
exciting to see what these young people are doing in reading
for this entire month and they are using theme (can't hear).
Also thanking the Hoover School for their career day efforts
This represents only a reasonably accurate transcription of the iowa City council mastlng of April 23, 1996.
F042396
#22 page 3
and all the people that I saw there. They had 12 different
people from the community that were there speaking. For the
afternoon in the three sessions of students. So we had them
all the way from kindergarten through six grade. Then on a
more serious note I would Just like to register my concern
with the absence of compliance by some of our homeowners or
renters in this city. We have had a case of a fire recently
with a house that hadn't been meeting inspection requirements
and had delayed it over a period of time and this concerns me
greatly° It has been to court and at this point the judge had
not issued a ruling on this order and I would like to see us
get this cleaned up and be sure that the housing that is up
for rental in this city is safe.
Woito/ I did send a letter today to the judge asking for a ruling.
Vanderhoef/ Thank you, Linda.
Norton/ You did send the letter? I didn't hear you.
Woito/ Yes, I did. I'm sorry. I sent a letter to the judge who
heard the evidence, and asked him to issue a ruling.
Thornberry/ Well, since the house burned down and is a total loss,
what's the ruling about and what would that affect? You can't
go back and fix the things that are wrong now that the house
burned down.
Kubby/ But they were in violation.
woito/ There's still the issue of whether they had a valid rental
permit may come up or a number of other issues in addition to
that (can't hear).
Nov/ Weren't there some other sites as well?
Woito/ Yes.
Norton/ Would this be alludes to generally happened fairly
frequently that those processes are dragged out that way when
there's a violation? Is that atypical?
Woito/ It happens not infrequently. The judicial system doesn't
always operate very efficiently.
Kubby/ But even when we're on them and we're following our
processes, it can get back within the courts, even though
Thisrepresents only aressonably accumte trans=fpfion ~ ~elowa Clty councilrnestlng of April 23, 1996.
F042396
#22 page 4
we've done everything we can.
Woito/ And there's only so much we can do. You don't want to
frustrate a judge too much. It might backfire on you°
Vanderhoef/ That's it. Thanks.
Nov/ Larry.
Baker/ Yeah, I have some things for tonight and I have some things
left over from our last council meeting and our council time
which I chose not to cover because I think it was 12:15 when
council time finished the last time. So I'll get through these
as quickly as possible. One, a clarification last night, did
we decide last night tn move our formal meetings to 7:00 PM?
Karr/ We're going to prepare a resolution to that effect. It will
be on your agenda on May 7. Right now I'm checking in with
staff and I'm leaning toward making effective with the July 1
date, because of other things that are in the works at 7:30
times on there. So it will be before you in two weeks.
Baker/ I just want to express my disagreement with that tonight.
I've had conversations with other people and family and I
think 7:30 is fine but I'll be here, so it's no big deal.
Kubby/ It makes it hard to get kids fed.
Baker/ Iowasn't sure what we were attempting to do by starting at
7:00.
Norton/ If it's a problem, I don't care. I just thought it we could
maybe end earlier if we star%ed early, but in principle we
might not do that.
Baker/ The trade off is if we start at 7:00 on Monday and Tuesday
night, it would be pretty good, for the informal on Monday to
be pushed back to 7:00. So that's just something, a policy.
Nov/ We'll discuss this fairly two weeks from now.
Baker/ Sure. I just want to make sure that at some point last night
I think I zoned out and didn't all the scheduling decisions
clear enough.
Kubby/ Because it was too late.
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F042396
#22 page 5
Baker/ It wasn't late so much as-
Norton/ Intense.
Baker/ May 16. What is that? Is that the meeting with Coralville?
Karr/ It's off. It's cancelled.
Baker/ It's off. So we're doing nothing on May 167
Karr/ That's correct.
Nov/ Last I heard.
Norton/ There may be a May dance or something.
Baker/ No, no, no. That's my anniversary and I'm just going to have
to disappoint you. I wanted to point out to the public
something that I think has come up here about once or twice a
year, but I just took advantage of it actually at my wife's
urging. MidAmerica Energy company had the Energy Conservation
Survey Program that would come out to your house, check your
basement, put a wrap around your water heater, give you free
appliances-shower heads, absolutely free, and do a study of
your insulation. I had that done last week. I was very
impressed with the potential savings and I think it's
something that more people ought to be aware of and take
advantage of. It is absolutely free and you will find out a
great deal about your energy consumption. So I urge everybody
to call MidAmerican and take advantage of the program. Because
from what I understand, it is coming to an end in about six
months. I was told that. I'll check again, but I was told it
was coming to an end. So check on that. I want to that Dee
Norton and Dean Thornberry for articles on various relevant
subjects. I had a question. Dean supplied this thing on
socialized water from Forbes Magazine and I kept looking for
some reference to a flat tax, but I couldn't find it in here.
Thornberry/ You won't find the flat tax.
Baker/ But this is an article critical of publicly owned water
systems, water and sewer systems. And it uses as its basis of
that criticism, I think, two very revealing statistics. I
wanted to get clarification from Steve how we stack up against
these figures that nationally government owned water companies
have 3.49 employees per 1000 connections as a measure of
efficiency that seems to be high according to this article,
This represents only a reasonably accurate t~anscrlption of the Iowa City council meeting of April 23, 1995.
F042396
#22 page 6
and that salaries as a percentage of the operating expenses
nationally are 37% of the operating expenses. And so I'm
wondering how we stack up in those two categories.
Arkins/ I'm going to try to drag it up. As I recall, that was per
1000 connections?
Baker/ Right.
Arkins/ Ours is about 1.6 employees per 1000 connections.
Baker/ So way below half.
Atkins/ Way below and our payroll as I recall was about 28%. We
were much lower than those numbers. Yeah.
Thornberry/ I didn't bring my copy with me. I do have Iowa City's
figures on my copy.
Atkins/ I guess I doodled something for you. I'm almost positive
those passing around, those are awful close.
Baker/ I would assume that we would have been below the averages.
So I am glad to hear that they are~
Kubby/ So our socialized water is pretty efficient.
Baker/ Yes, it tends to a little pink but it ia all right° I wanted
to also mention Dee Norton. We just got this tonight° This is
an article that Dee gave me last night and I have requested
that Lisa provide copies about federal cut backs and the
impact we are having across the country and it is certainly
relevant to the discussion we had last night and the comment
that Dean, you made earlier about a project getting 80%
federal money while we could. This is from the-
Norton/ April 7-
Baker/ April 7 New York Times and I encourage people to go out and
look at- I don't have the page number here but it may be front
page because it is continued on page 12A. So, I appreciate
that and we will add that to the discussion. Now, I had some
bad news for Karen Kubby. Karen, I have talked to ICON
magazine. There has been a problem. They did not count the 340
ballots which I stuffed in the ballot box nominating myself
for Best Local Politician. So, there will be a- I wasn't
bothered by that. I always expected to win that. It was that
Thisrepresents only are~onebly eccuratetrenscrlptton oftheloweCltycouncl] meeting of April23,1996.
F042396
#22 page 7
Best Dressed thing that could me this time because I got
shirts like that but I just don't wear them. I am going to
change my image and start loosening up a little bit. Next
year-
Kubby/ I think it is my footwear that got me-
Norton/ If you wear your Jacqueline Onassis clothes you will be
okay.
Baker/ I am going to that Sothsrby auction. You know, I am sorry,
the first great love of my life. I haven't recovered yet from
that. So I Just want to let you know that next year it is
going to be closer, Karen, I swear.
Kubby/ I think wear your hair out. That will help.
Baker/ Oh no, that won't help.
Kubby/ I will make you some beads for your hair.
Baker/ I have got beads left over when I was much younger, like 40.
Thornberry/ (Can't hear).
Baker/ You got an award° There was a different category for you. We
will talk about that later.
Thornberry/ I don't read that rag.
Baker/ Two more items very quickly. One, what was sort of our
discussion last night about a sales tax discussion schedule?
Can that be clarified somewhat?
Thornberry/ Probably not.
Karr/ We have six dates and we are trying to- We are waiting to
hear from Coralville and ICAD to schedule dates. Out of those
four remaining dates then we will take a look at potentially
scheduling a joint meeting with other cities in Johnson County
and right now you have got a special work session on May 13 at
6:30 for your discussion of sales tax. as a council.
Baker/ Among ourselves, okay. Do we have the- We can talk about
that.
Nov/ We may need a meeting on the fringe area on one of these left
This represents only a reesonsbly accurate transcription of the Iowa City council meeting of April 23, 1996.
F042396
#22 page 8
over dates.
Norton/ May 13, right, that is sales tax meeting work session.
Karr/ Correct. Council onlyo
Baker/ I was going to suggest this but I assume we were going to go
till midnight on tonight's meeting. It would be more relevant
then and then come up with this suggestion but think about
this. This is just a-It is a serious suggestion that I have
had other people comment on one of the things that they look
forward to at these council meetings is this part of the
agenda. The council-the city council information time and I am
wondering if it would be possible or appropriate to consider
moving this up to right after public discussion. So, if we do
have those long meetings people that tune out would have-
Again, that is just something to think about and we could talk
about it maybe at the next informal whether or not moving
council discussion time up closer to the beginning so when we
get the Nielsen ratings lion's share of our audience, we will
get them in. Something to think about.
Kubby/ It would be a change in resolution, right.
Baker/ ¥eah-
Nov/ We just changed that.
Baker/ Yeah, we just moved in back. This only comes from the last
couple of meetings that when you got to council time and it
was pushing midnight, I realized I am not sure I was listening
to you all and I am sure the public might not have been
either. So if we move it up- It is something we can think
about. Now, I need about three minutes of your time. It is
something very serious I would like to do and if I could I
would like to get a close up from one of the cameras directly
on this piece of information. I would like to have that
totally on the screen and I will assume that that is done now
and I will explain to the council what I am doing. It is
actually connected to about two other issues we have done
tonight. On the corner of College and Summit Streets recently
there was a demolition of an existing structure and there is
going to be a new apartment building put in there. The six
unit apartment, four bedrooms each, 24 bedrooms, 18 parking
places. It is well within code. It meets all of the
guidelines. There have been discussions between the contractor
and the real estate agent handling the property about some
Thlsrepros~ts only areasona~y accur~e ~onscrlpfion ofthelowo Cl~ council meeting of April23,1996.
F042396
#22
page 9
design concerns that the neighbors have and they have been a
little bit frustrated and they would like to have some more
conversations about that project and what I have on the screen
right now is the name of the owner of that building for those
of you out there. I have listed the man's name and I have
listed his work phone number and his home phone number and I
am sure he would be interested in talking to the neighbors and
he has that opportunity. They have been unable to make
connections so far. The owner has through his contractor spent
some time with a architect, John Shaw, and had made some
substantial design improvements to the project and there is
some concern now that that might not be followed through on.
I think that may just be a problem of communication. But I
would urge anybody watching the television tonight who is
concerned about that particular location and the whole problem
of design in Iowa City to write down this name and these phone
numbers and express your concerns as an individual. I thinkhe
will be very glad to hear from you. So if you will take a
pencil and paper and write that down, take about five more
seconds. I think that we will certainly have a better project
and it will be an encouragement for future development in town
to talk about with the people who have to live the
consequences of construction some of their concerns earlier.
So I would encourage the public to express their concerns to
this individual and thank you very much.
[ON PAPER:
Owner:
Karim Rezai
6 Unit Apartment
1002 College Street
(College & Summit)
356-4877 (w)
338-7329 (h)
That is all, thank you.
Nov/
That is all? Okay. I have a couple of little announcements. I
think the party and tree planting for community volunteers was
a worthwhile celebration and there have been many other
community volunteers and groups that have celebrated and our
city public library has a dedicated bunch of volunteers and
they are having a party this Friday. So we are really taking
care of those things. On Sunday, there will be a breakfast to
raise money for the Crisis Center and also to say thank you
for the Crisis Center Volunteers. This is at St. Wenceslaus.
There will be council member and other so called celebrities
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F042396
#22
page 10
serving food. So everybody come and have a good breakfast. And
on the 4th of May you have two terrific community
opportunities. There is a sale, the Project Green Garden sale
at the arena from 9:00 to 11:30 in the morning and there is a
legislative forum, the last one of this current legislative
season which is at the public library at 9:30 in the morning.
So if anybody has an interest in getting over to the arena
early, find their green plants and run over to the public
library before they put them in the ground, opportunities are
available. Now, on behalf of our City Clerk, I would like to
say that we still need some census workers. There are
positions available. There will be testing scheduled in May
and June. The actual census work begins on August 29 and will
last approximately six weeks. The workers will be paid $7.50
an hour plus mileage. Applications for census workers are
available through the Personnel Department at the city. The
Job Service of Iowa and three on campus sites which include
the Cambus Information Center at the IMU, at the Quad Hall and
Burgs Hall. So if anyone would like to be involved, please
fill out an application.
Thlsrspms~ntsonly a ma$on~ly accurate t;ans~lption sfth81owa Clty coun~l mssting of April 23, 1S96.
F042396
Agenda
Iowa City City Council
Regular Council Meeting
April 23, 1996
Page 18
ITEM NO. 23
REPORT ON ITEMS FROM THE CITY MANAGER AND CiTY ATTORNEY.
a. City Manager,
b, City Attorney.
ITEM NO. 24
ADJOURNMENT.
#23b page
ITEM NO.23 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
b. City Attorney.
Nov/ City Attorney.
Woito/ I do. I do want to clarify something. Whatever comments that
I might have made about our difficulty with the Housing Code
violations and the prosecuting of was not at all meant to be
casting any aspersions on the judicial system. I think the
judicial system is heavily weighted down with a lot of-an
incredible workload and they do the best they can Just as we
do the best we can without our heavy workload. That is all I
had.
This repzesents only e reasona~]y accurate transcription of the Iowa City council rneettng of Ap~l 23, 1996.
F042396
City of Iowa' City
MEMORANDUM
DATE:
TO:
FROM:
April 19, 1996
City Council
City Manager
Work Session Agendas and Meeting Schedule
IApr!! 22, 1996
6:30 p.m.
City Council Work Session - Council Chambers
(Times Are Approximate)
6:30 p.m.
7:10 p.m.
7:25 p.m.
8:05 p.m.
8:20 p.m.
8:50 p.m.
Review Zoning Matters
FY97 CDBG and HOME Funding Allocations
Library Expansion Plan Presentation
Sensitive Areas Ordinance - Staffing
Local Option Sales Tax
Council Agenda, Council Time
Monday
~_pril 23_, 1996
7:30 p.m. Regular City Council Meeting- Council Chambers
Tuesday
bApril 30, 1996
4:00 p.m.
City Council Work Session - C~uncil Chambers
Meeting with Iowa City Area Development Group
Tues_day_~LJ
I nnay 6, 1996
6:30 p.m. City Council Work Session - Council Chambers
Monday
LNl_ay.7, 1996
7:30 p.m.
Regular City Council Meeting - Council Chambers
Tuesday