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HomeMy WebLinkAbout1996-07-16 AgendaSubject to change as finalized by the City Clark. For a final official copy, contact the City Cletl¢'s Office, 356-5040. ITEM NO. '1 AGENDA CITY OF 10W,'J CITY CITY COUNCIL REGULAB MEETING July 16, 1996 7:00 p.m. Civic Center CALLTO ORDER. iTEM NO. 2 ROLL CALL. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Approval of Official Council Actions of the special meetings of July 1, 1996, and July 9, 1996. and the regular meeting of Ju~y 2, 1996, as published, subject to corrections. as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Human Rights Commission - May 20, 1996. (a) Consider a recommendation that the City Council accept the proposed housing ordinance revisions. (2) Broadband Telecommunications Commission (revised) June 3, 1996. (3) Parks and Recreation Commission - June 19, 1996. (4) Design Review Committee - June 17, 1996. (a) Consider a recommendation that the City Council adopt the revised Design Review Ovaday Zone Ordinance, subject to the City Attorney's Office approval, and adopt the Design Review Committee By-Law Amendments regard!ng frequency of meetings, committee membership, and community education. (5) Design Review Committee - July 10, 1996. .July 16, 1996 City of Iowa City Pap~e 2 c. Setting Public Hearings. (1) CONSIDER A RE[SOLUTION OF INTENT TO CONVEY A FOUR- FOOT WIDE TRACT OF LAND (AT LEAST 1,500 SQUARE FEET) FROM THE NORTHERLY PORTION OF SHAMROCK PLACE APARTMENTS, 3501-3560 SHAMROCK PLACE, IOWA CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION AND SETTING A PUBLIC HEARING FOR AUGUST 6, t996, Comment: The City Council received a proposal from the Court Hill Ownere Association eadier this year to purchase a 4-foot wide tract of land from the northerly portion of the tract of land upon which the Shamrock Place Apartment Buildings are located. The Public Housing Authority (PHA) has more land than needed to comply with zoning regulations, and could sell the land to the Court Hill Owners Association. There are now 72 condominium units on their property, but only 71 units can be used based on their current square footage. The Court Hill Owners Association has offered $2,600 for this tract of land, with the PHA retaining a recreational/access easement for the benefit of the tenants and guests of Shamrock Place. This Resolution declares the City Council's intent to convey the property to the Court Hill Owners Association and sets a public hearing on the proposed conveyance for August 6, 1996, as required by state law. d. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a motion approving a Class C Liquor License for Maxie's, Inc., dba Maxie's, 1920 Keokuk St. (Renewal) (2) Consider a motion approving a Class C Liquor License for 6:20, Inc., dba 6:20, 620 S. Madison St. (Renewal) (3) Consider a motion approving a Class C Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn St. (Renewal) (4) Consider a motion approving a Class C Liquor License for K.J. Enterprises Co., dba Roxie's, 2300 Muscatine Ave. (Renewal) (5) Consider a motion approving a Class C Liquor License for Dome, LTD.,dba Soho's, 1210 Highland Ct. (Renewal) (6) Consider a motion approving a Class E Liquor License for Hy-Vee, Inc., dba Drug Town #2, 1221 N. Dodge St. (Renewal) (7) Consider a motion approving a Class C Beer Permit for Sinclair Marketing Co., dba Sinclair Retail #14025, 2153 ACT Cir. (Renewal) (8) Consider a resolution issuing Dancing Permits. ~uly 16, 1996 City of Iowa City e. Resolutions. (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION FOR PROPERTY LOCATED AT t09 SOUTH JOHNSON STREET, IOWA CITY, IOWA. Comment: The University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for the owner at 109 South Johnson Street. On July 23, 1993, and October 4, 1994, the owner of the property received loans in the form of Promissory Notes and Mortgages for a total of $6311 through the City's Housing Rehabilitation Program. The University of Iowa Community Credit Union has loaned $50,000 on June 13, 1996, to the owner. The appraised value is $125,360 which provides enough equity to cover the City's second lien position, which was the City's original position. (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT BETWEEN WEST SIDE PARK AND PARK WEST SUBDIVISION CONCERNING STORMWATER MANAGEMENT OBLIGATIONS FOR PARK WEST SUBDIVISION, PART OhlE, IOWA CITY, IOWA, AND A DRAINAGE FACILITY EASEMENT AGREEMENT BETWEEN WEST SIDE PARK AND THE CITY OF IOWA CITY FOR THE INSTALLATION AND MAINTENANCE OF A DRAINAGE STRUCTURE TO FACILITATE THE USE OF THE WEST SIDE PARK STORMWATER MANAGEMENT FACILITY BY TY-N-CAE SUBDIVISION. Comment: During the platting process for Park West Subdivision, Part I, it was anticipated by both the Subdivider and the Public Works Department that stormwater management facilities for the subdivision would be constructed within Kiwanis Park. However, upon further development within the area, a study per[ormed on behalf of the City determined that stormwater management for Park West Subdivision, Part One, would be better provided by an existing basin located within West Side Park Subdivision and that the creation of an independent facility within Kiwanis Park was both wasteful of valuable park land and unnecessary. This Resolution authorizes the execution of the agreements necessary to facilitate the use of tl~e West Side Park fadlity by Park West and by a portion of Ty-n-Cae subdivision, as required by the amended escrow agreement between the City and the Developer which was previously approved. ,July 16, 1996 (3) (4) (5) (6) City of Iowa City Pa~e 4 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST THE RELEASE OF A PORTION OF A STORMWATER DRAINAGE EASEMENT LOCATED ON LOT 56 OF PARK VIEW TERRACE SUBDIVISION, IOWA CITY, IOWA. Comment: The property owner of Lot 56, Park View Terrace Subdivision has requested the release of the east three-feet (3') of an eight-foot (8') drainage easement for the purpose of constructing a garage over this area. The three-foot (3') portion of the easement has never been utilized for drainage; therefore, Public Works and Engineering recommend releasing this portion of the drainage easement. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Comment: The Iowa Department of Economic Development has agreed to provide the City of Iowa City a maximum of $63,580 in U.S. Department of Housing and Urban Development funding for the support of shelter services at the Domestic Violence Intervention Program ($19,000), Emergency Housing Project ($3,000), Hawkeye Area Community Action Program ($12,000), the Greater Iowa City Housing Fellowship ($5,000), and Youth Homes, Inc. ($21,400). The award also includes $3,180 to reimburse the City for its expenses in administering this grant. This is a 6% decrease from. the FY96 allocation due to a smaller congressional appropriation. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME, Comment: The Iowa Department of Economic Development has approved and contracted with the City of Iowa City to provide Iowa Emergency Shelter Grants Program funding for the City of Iowa City to expend in support of the Emergency Housing Project. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. Comment: The Iowa Department of Economic Development has approved and contracted with the City of Iowa City to provide Iowa Emergency Shelter Grants Program funding for the City of Iowa City to expend Jn support of the Domestic Violence Intervention Program. July City of Iowa City Pa~e $ (7) RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CiTY AND YOUTH HOMES, INC. FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. Comment: The Iowa Department of Economic Development has approved and contracted with the City of Iowa City to provide Iowa Emergency Shelter Grants Program funding for the City of Iowa City to expend in support of Youth Homes, Inc. (8) RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE GREATER IOWA CITY HOUSING FELLOWSHIP FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. Comment: The Iowa Department of Economic Development has approved and contracted with the City of Iowa City to provide Iowa Emergency Shelter Grants Program funding for the City of Iowa City to expend in support of the Greater Iowa City Housing Fellowship. (9) RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HAWKEYE AREA COMMUNITY ACTION PROGRAM FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE I~IAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. Comment: The Iowa Department of Economic Development has approved and contracted with the City of Iowa City to provide Iowa Emergency Shelter Grants Program funding for the City of Iowa City to expend in support of Hawkeye Area Community Action Program. f. Co~espondenco. (1) Aziz Longou regarding Bushnell's Turtle liquor license. (Response memorandum from staff included in Council packet.) (2) Sherri Zastrow regarding Iowa City Public Library expansion. (3) Mark Ginsberg regarding Jazz Fest. (4) Memoranda from Civil Service Commission submitting certified lists of applicants for the following positions: (a) Parking Enforcement Attendant (b) Police Sergeant --------~. Applications for Use of City Streets and Public Grounds. (1) Jacki Brennan, Hunter's Run Neighborhood Picnic - July 4, 1996. (approved) · July 16, 1996 City of Iowa City Page 6 END OF CONSENT CALENDAR. ,:~/__.~.~.~ ITEM NO. 3 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). ITEM NO. 4 PLANNING AND ZONING MATTERS. Consider a motion setting a public hearing for August 6 on a resolution amending the Iowa City/Johnson County Fringe Area Policy Agreement and incorporating this amended agreement into the Iowa City Comprehensive Plan. Comment: In Mamh 1995, the Planning and Zoning Commissions of the City and the County recommended approval of an amended Fringe Area Policy Agreement, Since then, the C~ Council and the Board of Supervisors have had numerous discussions and have negotiated a revised Agreement which is the subject of the public hearing. The Iowa City Planning and Zoning Commission will forward a comment on the negotiated Agreement to the Council prior to the August 6 public hearing. Action: Public hearing on a resolution approving the voluntary annexation of approximately 80 acres located southeast of Sycamore Street and north of the South Wastewater Treatment Facility. (ANN96-0~ 1 ) Comment: At its June 6 meeting, the Plannin~ an~'~ng Commission, by a vote of 5-0, recommended approval of the annexation of the property. This recommendation is consistent with the staff recommendation as set forth in the report dated May 16. Action: #2 page ITEM NO.2 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Nov/ Consent Calendar and we had no ceremonial proclamations to night but we inserted one. It is Ernie Lehman's Birthday. Happy Birthday Ernie. Lehman/ Thank you, 49 again. I use to say 39, nobody believed me. Nov/ Oh well, we may not believe 49 either. We want to consider adoption of the Consent Calendar as amended. Moved by Norton- Karr/ I am sorry, could we have a motion to delete that one item that you wanted to first. As part of the same motion is fine. To adopt it as presented with the deletion of that item. Kubby/ Could you amend that motion to include the taking out of item e.(9) for separate discussion? Norton/ I move with that item deleted. Nov/ Moved by Norton, seconded by Kubby. Okay. Now, discussion. Roll call- (yes). Okay. Now we are doing item e. (9) separately. Kubby/ Excuse me Naomi. I did have one thing I wanted to say about the Emergency Shelter Grant. That there is a fixed percent decrease from last year due to congressional priorities. I guess I just want the community to know that. That the shelters will still be getting money but it is a 6% decrease because of not local priorities but the Congress. Thanks. Nov/ Now, would you like to explain the separation? Kubby/ Yes° The issue that we are talking about is the Emergency Shelter Grant for HACAP and I am on the board of directors and even though it is not a legal conflict, I think it is an appearance of a conflict and choose to abstain. Nov/ Okay. Roll call- (Yes, Kubby: abstain). Karr/ Did we have a motion to adopt e.(9)? I don't think we had a motion. Thisrepresents only a reasonably accuratetranscription ofthelowo City council meeting of Ju{y 16,1996. F071696 #2 page 2 Nov/ We had a motion to vote separately without saying a motion to adopt? Sorry. Karr/ Moved by Lehman, seconded by- Woito/ And it proceeds the vote. Karr/ Norton. Nov/ Do we need to do roll call again? Woito/ No. Th~srepmsents~n~y~rea$~nab~yaccuratetr~nscr~pt~n~fthe~waCityc~unc~meeting~fJu~y~6~1996~ F071596 #3 page ITEM NO.3 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Nov/ Public discussion for items not on today's agenda. We ask that you come forward, sign your name and limit your comments to five minutes. Terri Miller/ I am with the Senior Center Commission. I just wanted to come and update you a little bit on some of the things that are happening at the Center. One item that I wanted to bring to your attention was that we will be celebrating the 15 anniversary of the Senior Center this year and on September 27th we will have an extravaganza which will last most of the say. There are lots of activities planned. I am sure you will hear more about it as planning progresses. But I just wanted to make you all aware so you can get it on your calendar early. Something else that I wanted to just bring to your attention because we have talked about this at different times in regards to the finance and the budget at the Senior Center is we have implemented a few changes in some of the ways that we are raising some money at the Center and this isn't necessarily raising a lot of money for profit but trying to cover some of the user fees at the Center and as we have evaluated programs over the last few months, we have tried to look at what the costs of those programs are. At least in respect in supplies that are used and tried to implement fees that would at least cover some of these things. We are taking a look at a lot of different pieces right now and it is hard to set an overall plan because it affects so many people and there are so many different income levels. So we are trying to implement just a small piece at a time as we feel comfortable so that we can at least address that issue of being fiscally responsible and taking care of some of the needs of the Center and I just wanted to let you know that we were working on some different things so you would know that. One of the other things that we have been working on quite a bit is some space allotment as we have found certain activities becoming more popular. Exercise groups are something that is more popular and many more participants than used to be at the center. So we have to increase space in some areas and shifted things around and so there are lots of things going on over there. We are looking forward to having a new coordinator soon. Linda Kopping is doing an excellent job as a temporary coordinator but she is having a hard time, I think, doing two jobs at once. She is doing a good job never the less. That is all I have to say. If there is any questions. Lehman/ I would like to comment. I think that the concept of user This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #3 page 2 fees are really a concept of the future. With programs such as yours that grow and grow and grow and we don't have a corresponding growth in funds to fund you. I think it is very very important that we look at the concept of user fees whether it be for the Senior Center or several other areas within the city. And I, for one, appreciate your looking into it. I think it is something that we are going to have to do more of. Miller/ Yes, I think so too because I only see the program expanding as we get more and more in retirement age that are using the Center. I think the types of activities that we are going to want to have at the Center is going to continue to expand to include all the different age groups and so I agree that the way to be able to continue to increase our programming is to be able to find some funding on your own. Kubby/ I am glad you are also sensitive to the spectrum of income levels with people who go to the Senior Center. It is real important to balance those two things out. Miller/ Right. We think so, too and one of the other things that another policy that we have set just recently provides scholarships for people on Title 19 where they can have a 50% reduction in their class fees and that is being funded, again, out of user fees° But we feel that that is important, too. To make programming available to everyone. Kubby/ Thanks, Terri. Miller/ Thanks. Nov/ Okay, we will move on. This represents only e reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 July 16, 1996 City of Iowa City Pa~e 7 Public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations of approximately 80 acres located southeast of Sycamore Street and north of the South Wastewater Treatment Facility. (REZ96-0012) ~ Comment: At its June 6 meeting, the Planning and Zoning Commission, by a vote of 5-0, recommended approval of the proposed rezoning. This recommendation is consistent with the staff recommendation as set forth in the report dated May 16. Public hearing on an ordinance amending the Zoning Chapter by approving a Sensitive Areas Development Plan and changing the use regulations from RS-12, High Density Single-Family Residential to OSA/RS-12, Sensitive Areas Overlay/High Density Single-Family Residential for a 2.29 acre property located at the intersection of Dubuque Street and Meadow Ridge Lane. (REZ96-0011) Comment: At its June 20 meeting, the Planning and Zoning CommiSsion, by a vote of 5-0-1, with Gibson abstaining, recommended approval of the proposed rezoning and Sensitive Areas Development Plan. This recommendation is consistent with the staff recommendation as set forth in the report dated June 6. Action: Public hearing on an ordinance amending City Code Title 14, Chapter 6,0 "Zoning," Article H, entitled "Industrial Zones," Section 1, entitled "General Industrial Zone." Comment: At its June 6 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the proposed amendment. This recommendation is consistent with the staff recommendation as set forth in the memorandum dated May 31. Action: '~/~ #4d page ITEM NO. 4d. Public hearing on an ordinance amending the Zoning Chapter by approving a Sensitive Areas Development Plan and changing the use regulations from RS-12, High Density Single-Family Residential to OSA/RS-12, Sensitive Areas Overlay/High Density Single-Family Residential for a 2.29 acre property located at the intersection of Dubuque Street and Meadow Ridge Lane. (REZ96-0011) Nov/ The poh. is open. Kara Logsden/ I live at 1957 Meadow Ridge Lane. (Reads July 16 letter). Are there any questions? Kubby/ Really, the way the Sensitive Areas Ordinance is going to work the best is making sure that we, as a city, are in good co~mmunication with the developers during construction so that we have good enforcement and good flexibility to make sure things are happening the way they are laid out. That it is not just on paper that it looks like everything is going to be okay but on the lot. The guy on the machine, the woman on the machine knows what they are suppose to be doing. Logsden/ And there is a mechanism to check on that during the building process? Kubby/ Yes and no. We are going to be hiring someone who has the ability make some- to be on the scene a lot but that is not happening quite yet. Logsden/ Thank you and I would like to give this to the City Clerk. Kubby/ When is that person going to be hired, our Environmental Inspector or whatever we call- Arkins/ Last I heard, we interview this week. So I would suspect in the next couple of weeks. Kubby/ That would be great. Norton/ Are you aware that we have been told somewhere in my notes that maybe $1/2 million involved in trying to rearrange the little geometry of that road to get into the signalization? So it is not a simple problem we are facing. Logsden/ Actually before the new city council members came on, our neighborhood had contacted a number of people about this and we realize that it is ties to the extension of Foster Road° We also realize that it is a very big concern and unfortunately This represents only a reasonably accurMatranscrlption of the Iowa City council meeting of July 16,1996. F071696 #4d page 2 a lot of the neighborhood went to the P/Z Commission meetings. But for one reason or another not everybody was able to come tonight° But it is something that our neighborhood feels very strongly about. Nov/ You have presented the concerns very well. You did a good job presenting the concerns of the neighborhood. Logsden/ Thank you. I appreciate that. Nov/ Those of us who have heard it all before know that you did fine. Logsden/ Thank you. Nov/ Is there anyone else who would like to comment on this? Karr/ Could we have a motion to accept correspondence? Nov/ Moved by Kubb¥, seconded by Vanderhoef that we accept correspondence. All in favor, please say aye- (ayes)° Anything else? Okay. We are going to close the p.h. The p.h. is closed. This represents only e reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 July 16, 1996 Cit~ of Iowa City Page 8 Public hearing on an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas Ordinance." Comment: At its June 19 meeting, by a vote of 9-0, the Riverfront and Natural Areas Commission recommended approval of the proposed amendments. Also, at its June 20 meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of the proposed amendments. These recommendations are consistent with the Sensitive Areas Committee's recommendation as set forth in the memorandum dated June 14. ~ ~/~_~ Public hearing on an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to delete the specific regulation of "political signs," and to amend regulations applicable to all temporary signs, including political signs. Comment: At its June 20 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendments. This recommendation is consistent with the staff recommendation as set forth in the memorandum to the City Attorney dated September 24, 1995, and the memorandum from the City Attorney dated May 2. Public hearing on an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 1, entitled "Commercial Office Zone (CO-1)," to allow small- animal clinics in the C0-1 zone by special exception. Comment: At its June 20 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendment. This recommendation is generally consistent with the staff recommendation as stated in the memorandum dated June 20. Action: ~ #4f page 1 ITEM NO. 4f. Public hearing on an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas Ordinance." Nov/ P.h is open. William Buss/ I live at 747 West Benton Street. the short statement that I have and then that statement. (Reads statement) I urge proposed amendment to Section 1.2.d I am going to read give you copies of you to reject the William Knabe/ I live at 1101 Weeber Circle and I am speaking tonight as a concerned citizen. Having sat through many of the committee meetings and discussions regarding the Environmental Sensitivity Ordinance, I have been impressed by the zeal and the spirit with which all of this involved have worked together to from an exceptional ordinance that can preserve much of our city's environmental heritage for years to come. Yet after reviewing the current proposed amendments, I must protest that not all ~s right with what is before you. Most of the recommendations without question address changes or clarifications that need to be made such as replacing the phrase, "steep slopes" with "Regulated slopes." But nested among all of these recontmendations for clarification is one change which needs to be scrutinized very carefully by the council. For this change does not represent a clarification or a reduction of wordiness. It represents a softening of the regulations by limiting people's input. The amendment to which I make reference are the proposed procedural changes under Section I. 2. d. Critical Slopes. What are these changes? You are being asked to approve a change which would allow critical slopes 25-39% grade to be reviewed administratively rather than meeting the stringent rezoning review required for protected slopes 40% grade or greater. Under existing provision of the ordinance, both critical slopes and protected slopes would be subjected to the requirement that a site overlay plan be required and a rezoning review be initiated. Such a review would allow public input. Under the proposed amendment, a site plan would be required for critical slopes. But there would no longer be a rezoning review in which the public could participate. The requirements for protected slopes would remain unchanged. Since the review for critical slopes would be an administrative review, only there would no public awareness of this review and as a result no opportunity for public input. Although it might be argued that the administrative review would be without bias and would adhere, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4f page 2 at best it could, to the spirit of the environmental ordinance, how can we, as citizens, be so sure. I will address another issue later this evening which confirms the problem which I am raising. I urge you, therefore, to consider separately the implications of I. 2. d. Most of the other amendments are indeed changes for clarifications and improvements of the ordinance. But the issue which I am raising clearly represents a softening of the regulations because it completely eliminates the opportunity for public input. Thank you. Nov/ I am assuming that you are both objecting to exactly the same thing. Okay. I wasn't thinking conspiracy, but I was just losing track of numbers and I hear the same comments and I want to be sure that it applies to the same section. Is there anyone else who would like to discuss this topic? Okay. Karr/ Motion to accept correspondence. Nov/ Moved by Lehman, seconded by Kubby, that we accept correspondence. All in favor please say aye- (ayes). Motion carried. Ph. is closed and is there council discussion? Okay. We will vote on this next week. We will check into your concerns before we vote and there will be council discussion August 6. Lehman/ Naomi, I guess I might not be here for the 6th. I will be out of town. But I did visit with a couple of folks who worked on this who I highly respect and felt that these amendments were basically very very good. I did not agree 100% with everything but felt that they were good amendments and I won't be here on the 6th to vote on it. At least, in visiting with these folks, I guess I am fairly comfortable with them. Thisrepresents only aroasonobly accuratetranscription ofthelowa City council meeting of July 16,1996. F071696 #4h page 1 ITEM NO. 4h. Public hearing on an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 1, entitled "Commercial Office Zone (C0-I)," to allow small-animal clinics in the CO-1 zone by special exception. Nov/ P.h. is open. Lucas Van Orden/ I am the contract purchaser for building at 2122 ACT Circle. The purchase stimulated the request to have the council consider this amendment to the C0-1 zone. I ask that at your meeting when you vote that you vote in favor of this and I can address any questions you may have this time° Kubby/ In your small animal clinic if this happens, will there be indoor exercise space? Van Orden/ Yeah. Karen, there is approximately 1300 square foot block construction part of the building that will be housing the kennelling for dogs and what we have planned are two indoor paddocks, if you may, that would allow us to take the dogs out of the runs and then just turn them loose during the day so that they may romp. Kubby/ okay. Van Orden/ Anything else? Thornberry/ You mentioned in your brief was of the essence or something. buying the building or-? here somewhere that time Was that a problem with Van Orden/ Clearly we put in a purchase offer on the building that was subject to some indication that we would be able to achieve the zoning which would be suitable for out use. We felt that by council as well. One by P/Z hearing and sent to you a favorable report for this amendment, good working relationship with the city staff and your setting the p.h. that we are in good shape there, not to assume council action but know that we are in good shape. Thornberry/ You have a sunset clause with Jerry Full on the property? Van Orden/ Jerry and I are continuing to be in discussions. Nov/ And this is a finished building? He does have to- This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4h page 2 Van 0rden/ Yeah. This actually is a building which originally constructed in 1968 and currently houses Shiva Hattery Engineers. It is quite a change. Vanderhoef/ Even though it will create a problem for you if you cannot board animals for regulated kennelling versus patients. Van 0rden/ Clearly it is not ideal that a business of this nature would be prohibited from being able to realize the ancillary service boarding for non-medical reasons. We had discussed this with P/Z Commission. Frankly, ! happen to agree with Gibson and Benjamin Chait that if we meet the requirements of the business of the nature and noise and odor and scum across the lot line, our use within the building for boarding for medical purposes versus boarding for just boarding purposes, really has not difference and that should be something left to business owners to decide to use provided they conform to the appropriate standards of care. After consulting with various people, it is our indication that it is probably not wise at this time to ask council to consider putting this ordinance back to either P/Z or staff as we consider it. But perhaps we will be back before you at a later date asking that you consider redefining small animals veterinary practices in such a way that they are defined to permit a limited amount of boarding for strictly boarding purposes. We feel that would be appropriate but on the advice we have been given, it is probably not the item to tackle at this time unless you want to. Vanderhoef/ Thank you. I will be happy to listen to it later. Nov/ Is there anyone else who would like to comment on this issue? P.h. is closed. This represents only a reasonably accurate transcrlption of the Iowa City council meeting of July 16, 1996. F071696 ,Jul,,y 16, 1996 City of Iowa City Page 9 Public hearing on an ordinance amending the Zoning Chapter by amending the Conditional Zoning Agreement for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the requirement for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Community Commercial zone at 855 Highway I West. (REZ96-0010) Comment: At its May 2 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended denial of the proposed amendments to the WestPort Plaza Conditional Zoning Agreement. The Commission's recommendation is consistent with the staff recommendation contained in the staff reported dated Apdl 18. In a letter dated May 29, 1996, the applicant (Staples, Inc.) requested Council consideration of this item. This public headng is continued from July 2. ~__~_~',,~-~,-z~ Consider an ordinance amending the Zoning Chapter by amending the Conditional Zoning Agreement for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the requirement for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Community Commercial zone at 855 Highway 1 West. (REZ96-0010) (First consideration) Comment: See comment for"Item 4i." Action: Consider an ordinance amending the Zoning Chapter by designating 36 properties as Iowa City histodc landmarks. (First consideration) Comment: At its May 16 meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of designating 37 properties as Iowa City historic landmarks. This recommendation is consistent with the recommendation of the Historic Preservation Commission. Correspondence concerning this item included in Council packet (in addition to correspondence previously distributed). Consider an ordina~(~L. amending the Zoning Chapter by designating property located at':832-E. Washington Street as an Iowa City histodc landmark. (First consideration) Comment: See "Item 4k." This item is being considered separately, because a formal protest has been submitted specifically concerning the histodc landmark designation of the,6~2 E. Washington Street property. #4i page ITEM NO. 4i. Public hearing on an ordinance amending the Zoning Chapter by amending the Conditional Zoning Agreement for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the requirement for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Community Commercial zone at 855 Highway I West. (REZ96-0010) Nov/ P.h is open. Rick Berndt/ Good evening. I am with Shive Hattery Inc. I guess my office is being turned into a animal clinic. Nov/ I hope you move out before they move in. Berndt/ I don't have any prepared statement this evening but I did provide you quite a bit of infomraiotn two weeks ago and then I followed up with some additional information that Karen had asked for and I am simply here to answer any questions that you may have since that meeting. Nov/ Well, the main question we have is have you all of the signatures needed on the CZA amendment? Berndt/ I just gave Scott one additional signed agreement from Brenton Bank that I picked up at 4:30 this afternoon. I also gave him a letter from Wal-Mart Corporation which stated that Wal-Mart had approved the amendment and forwarded it to the Morris family corporation who is actually the property owner with their recommendation that the Morris family corporation, Dr. Morris, sign that document. We expect that that signed document from the Morris corporation will be forth coming within a few days. So there is one additional signature that the corporation, the Morale Corporation, that owns the property that Red Lobster is on that we still have to get. But we are considerably more confident at this time that we will secure those signatures. But no, we do not have them yet. Kubby/ We need to continue the p.h. if we want to move forward. Nov/ The council has the choice at this point to say no, the denial that was recommended by P/Z or we can say yes, we agree this conforms to the original agreement or we can say it conforms only if the agreement is amended in which case we must have all the signatures before we close the p.h. So the best we can do for today is to continue the p.ho based on council recommendation. But we need to say this. What does the council Thlsrepreeants only areasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4i page 2 want to do? Vanderhoef/ I would like to continue the p.h. Norton/ Second. Nov/ okay, we have had two people who have said they want to continue the p.ho Vanderhoef moved and Norton seconded. Now, is there any discussion. Kubby/ Yeah, I am going to be voting no on continuing the p.h. I am ready to vote in denial of the application. I don't think that- I would prefer that the private entities figure out how to make this happen with the communities original intent to having a more continuous shopping center. It was a very controversy issue in 1989 and I think that we need to live up to that because there was so much community discussion about it and if we allow a parking lot to be on one of the ends of the building to be used for the parking of cars instead of economic activity which was the original vision, then it is going to be very hard for us to live out the agreement that we made to it in law and I would like us to live up to that. Baker/ Can I get some clarification on discussion last night? I apologize. I wasn't here so these questions probably were answer last night. My understanding is that the original discussion a the P/Z level° P/Z voted against this because they had a time deadline and the applicant did not agree to an extension at that level, prefer an negotiation. But there were certain things that P/Z wanted to negotiate further. Are those accounted for in this agreement some how? Nov/ Those can still be negotiated. Bob Miklo may have a better idea of the procedure there. Bob Miklo/ We will work with the applicant to resolve those design issues between now and August 6. Kubby/ Maybe we can outline what are those issues. Miklo/ The concern was the corner of the property originally had a building designed in that area and the shopping center would have been L-shaped and there would have been a sidewalk that would have led to Cub Foods back to Wal-Mart and the shops in between. In lieu of that, the Staples proposal has a parking lot in a portion of that area. P/Z had explored some landscaping and texture paving and some other design things This represents only eroasonably accurate transcription of theIowa City council meeting of July 16,1996. F071696 #4i page 3 that would help make that as attractive to pedestrians and as safe to pedestrians as possible. And those were the types of issues that we will be working with Staples on resolving. Baker/ Would they be resolved by August 6? Miklo/ We will certainly try. It is up to Staples. Baker/ It is not that big of deal. It is small items. Individual members of P/Z were still concerned about it. That is not my major concern because I tend to agree with Karen because of our issue about changing the intent, the letter and spirit of the initial original CZA. But I need to get clear exactly what these changes were agreed to last night. Can somebody briefly summarize those at least? Nov/ It was basically the sidewalk thing. Thornberry/ They had a nice picture last night, a drawing that what was proposed originally and how it would be changed to. And I see no problem at all with the change. I think it is even probably better than the original° Kubb¥/ Some of the things we talked about specifically were how can we let pedestrians know that it is appropriate and that it is safe to walk from Wal-Mart around the L to the back of the Wal-Mart Garden Center, up toward Staples and up towards Cub Foods through a painted walkway across the street or across the drive, the drive over the Wal-Mart Garden Center. With a canopy, maybe, of some kind so that people know that that is where they can walk. So that is what was talked about last night. Norton/ And an island. To try to fill in that corner more appropriately than just leave it blank and just leave it open for some safe pedestrian traffic. So there be a walk that would kind of try to connect the two buildings and mask somewhat that parking in the corner. Maybe a canopy. Baker/ But it was the intent of the CZA to acknowledge that the new CZA would eliminate the requirement for continuous building perimeters. Norton/ Basically. That interpretation would no longer be possible because those words wouldn't be there. Kubby/ Right, but what it does is it allows the potential space for This represents only a reasonably accurate transc~iptlon of the Iowa City council meeting of July 16, 1996. F071696 #4i page 4 commercial activity to be turned into parking lot based on the unmoving position of Wal-Mart and for me, one of my interpretations of this is that we are ending up allowing Wal-Mart, through them not participating in this community discussion, to dictate some of our design issues and some of the agreements that we made long ago. That they bought the land knowing what the CZA was and proceeded to behave in a way that makes it very difficult to live out the letter or the intent of the CZAo William Knabe/ (Can't hear). Nov/ I am sorry. Kubby/ We are talking about whether we should close the p.h. or not. There is a motion on the floor and seconded. So we are discussing whether or not we should close the p.h. Nov/ And whether or not we should continue the poh. Would you like to make comments, you may. Baker/ We haven't closed it. I was getting clarification on what happened last night. Woito/ It hasn't been opened, has it? Nov/ It was opened and we had comments from Rick Berndt and then we had a motion to continue and we go involved in discussing the motion. Knabe/ With all due respect to the council, I just have a statement which I need to read to you because of the fact that our neighborhood association met last night to discuss this and so I am obligated to read it to you. I am speaking to you on behalf of the Weeber Harlocke Neighborhood Association. I will keep my remarks brief. Just straight to the point. First, for the benefit of the council who are unfamiliar with our neighborhood. The Weeber Harlocke Neighborhood consists of 52 s.f. homes located on Weeber, Weeber Circle and Harlocke Streets on the top of West Benton Hill. Our interests in this issue should be apparent. 14 of these homes are located on a hill directly across from Wal-Mart on the north side of Hwy 1. We overlook Wal-Mart. The neighborhood association is obviously disappointed that the council is considering amending the CZA. From the outset, we as a neighborhood supported the concept of Westport Plaza. We attended design meetings and were given assurances about how the plaza would Thisrepresents only ereasonebly accurate transcription ofthelowa City council meeting of July 16,1996. F071696 #4i page 5 be allowed to develop. We were told by some current and some no longer current council members that Westport Plaza would be developed in a way which would make it an integrated part of the west side and that the CZA was put in place to assure us that the plan would be followed to the letter. We, as residents of this area, bought into this agreement. We were presented with a plan that did not show a group of buildings scattered hither and beyond. Rather the plan showed a continuous line of shopping areas that were joined together in an integrated fashion with connecting sidewalks. We were truly pleased with the effort that had been put forth by all sides. Two years ago the council was asked by the developer- CHANGE TAPE TO REEL 96-84 SIDE 2 Knabe/ The neighborhood association expressed overwhelming support and gratitude to the council for standing by the agreement° Now you have before you a similar request which threatens the existing CZA. You have a request for a major alteration of the building site layout in order to accommodate Staples Supply Store. Speaking for the neighborhood, we are not opposed to Staples locating at Westport Plaza. But we are strongly opposed to altering the CZA for two reasons: 1- We believe that the original CZA does not represent an agreement between the council and the developers of Westport. It represents an agreement between the citizens who are represented by the council and Westport Developers. We believe out of respect for this agreement and its intent, the city planning staff and P/Z Commision recommend denial of the proposed amendments. We ask that you do the same. 2- We believe that if you decide to amend the CZA for the purpose of attracting and accommodating a particular business that you are setting a dangerous precedence. What is there to guarantee the future of any CZA which addresses similar conditions. If I were a developer I would such action by the council as a sign that if the stakes are high enough, changes in any CZA can be easily accomplished. Where would all of this leave the citizens of the community who depend upon such things as CZA's to preserve their neighborhoods and maintain community cohesivehess and integrity. I urge you not to amend the CZA under these conditions. If Staples wants to locate at Westport Plaza, let them produce a design that will conform to the existing agreement. Their store does not have to be a square box of "horizontally adapted design." But one that can be integrated yet still conform. Again, I must return to the Red Lobster issue and how it was addressed° The council was told that unless they amended the CZA to allow an additional sign on Hwy Thisrepresents only areasonably accurate transcription ofthelowa City council meeting of July 16,1996. F071696 #4i page 6 1, that Red Lobster's business would suffer i~u~ensely. The council refused. Yet today, if you drive by the Red Lobster and take note of the number of cars parked around the restaurant, you will get some idea about how much the business has suffered. Nov/ Thank you. Is there anyone else from the general public who would like to talk about this? Okay, Go ahead, Dean. Thornberry/ I was not privy on the previous council to part of that since I wasn't on the council. But what I saw on the concept plan was just that, a concept plan. Is that not correct, Larry? Which on the CZA for the Wal-Mart Plaza area. Baker/ Which document are you referring to? Kubby/ That shows the L and the anchor stores and the small shops. Baker/ The original CZA- Kubby/ You are correct. It is a concept statement but some of the concepts can be lived out in many ways and one of them is is that it is one connected shop connected to each other. So you could configure it maybe differently. Thornberry/ It looks to me like you can't- You have got Cub Food on the south, you have got Wal-Mart on the west basically. Wal-Mart owns prcperty to the south of their current building that now a portion of that is now housing their outdoor garden shop. If that were completely filled in all the way to what I saw last night being a access road to the west, temporary road. But anyway, it is Wal-Mart's property, right? That Cub Food building would have the same roof height of the Cub Food building and Wal-Mart building,- I mean Staples. Staples would have the same roof height in that picture that we saw. And from across the highway, Hwy i West, I don't know if you can see any gap if Wal-Mart goes all the way to that temporary access road with a frontal facade to their building. That would just leave a tiny tiny gap. And I really don't know how the people would get to that parking lot behind the Staples building. Norton/ There has been talk about them going around behind and not going - Or if it didn't have the Wal-Mart parking requirement, it might not need that extra parking in the corner there. Thornberry/ Wal-Mart said they won't give up that parking. Thisrepresents onlyareasonebly accuratetrenscripfion ofthelowo City council meeting ofJuly16,1996. F071696 #4i page 7 Norton/ That is the issue that could in principle be left to hassle between Randali's and Wal-Mart. Thornberry/ If the Staples building were constructed as proposed, there would be such a tiny gap there would just be air going through there. Nov/ There would be two way traffic going through there, not air. Thornberry/ I didn't think there would be a road through there because Wal-Mart owns to the other side of that temporary road. If they build that far out- Nov/ It was a triangular section of parking. In order to get to that you would have to have traffic going one way. You would have to have some kind of walkway designated. Thornberry/ How do you get cars back there because it would be so tight if Wal-Mart built all the way to the other side of their- Do you have that plan? Mik10/ There is a driveway to the rear of the building. Thornberry/ To the rear of the building. It would either have to go around Cub Foods or around Wal-Mart behind? Okay. Nov/ And one more question, Bob, before you sit down. Am I correct that there is two way traffic to that triangular parking area? Miklo/ Yes, there is proposed two way traffic. Nov/ That is what I thought. Thornberry/ From the corner? Nov/ Yes. One the corner there is a gap that is two way traffic. Lehman/ It would seem to me that this discussion should take place again on the 6th after we find what Bob can work out. Nov/ If we continue the p.h. which is the main reason we are discussing this. We need to know are there four people who wish to continue the p.h? In which case we can defer the discussion. Baker/ Before we defer the discussion, I just want to get clear in my mind and the audiences mind what the amendments to the CZA Thlsrepreson~ only a reasonably accurate transcription of the Iowa City councilmaetlng of July 16,1996. F071696 #4i page 8 are because I am just reading from Linda's memo of July 12 talking about the background and issues involved here. It says I have noted above the city is presented with a private property dispute which is now perceived as a Iowa City barrier to development. This is not the case. So, is it a fair summary or generalization about the amended CZA that actually we are resolving a private property dispute? Kubby/ That is how you analyze it. I would say I think Linda's statement is very true. Nov/ Linda's statement is correct. Is this a resolution, I am not sure. Baker/ The problem with the development but not of Iowa City's creation. Kubby/ Correct and one of the things we could possibly do is if the private party can't negotiate and we want these commercial activities to happen, maybe we have to get involved in helping them not have that restrictive parking or having more parking than what the city required. Norton/ Part of the problem is the wording- the amendment would delete that reference to horizontal continuity and cohesive integrated development. But the problem is with that wording in there the CZA is subject to serious interpretation and one of them being that does not necessarily imply adjoining abutting structures. Kubby/ And I wouldn't mind a change to the CZA that had the word continuous in it but that is not what we are talking about. We are not talking about clarification. We are talking about change and intent of the design of the whole shopping center. The end product. Baker/ I just wanted to get clear in my mind what was discussed last night because I tend to think that we indeed we are trying to resolve somebody else's problem and (can't hear). Norton/ We are trying to make the best of a difficult situation. Thornberry/ The original concept plan showed a lot different configurations than what has evolved to this point anyway with stores on the north side of Wal-Mart and the people that spoke two weeks ago or however long it has been saying that what you need in this area are destination stores as opposed to other This represents only s reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4i page 9 types of stores and the small shops really are not destination stores and have not been interested in going into this location. So, the original concept as Ernie stated last night maybe needs to be changed from what was originally planned for this area. Kubby/ And I would agree with you if the part of- Because I am willing to be flexible about things because things aren't working as we envisioned because it is so hard to be foresightful anymore. Things change so fast, economic conditions change. But I think the least we can do is make sure that the design aspects in terms of the continuity, the contiguousness because from my point of view that is what the major point of the concept plan, was having that continuous line. Not just visually. Thornberry/ But it didn't say that° It didn't say contiguous. Kubby/ But I was there and I am saying that part of my interpretation of that discussion was you may interpret things differently but to me, that was the intent of the council on a finish product and I am not talking about just what it looks like from the highway but functionally as a pedestrian who is doing shopping there and if we want to put the word contiguous in there to make it more clear, I would be more than happy to amend the CZA to make the intent as clear as possible. Thornberry/ If you want to amend the CZA to be more stringent, then why would you be not amiable to change it to be less stringent? Kubby/ Because I don't want the parking lot- Thornberry/ You are saying then, Karen, that I am willing to change it now if it is the way I want it to be. Kubby/ I am saying the concept- Thornberry/ (Can't hear). Kubby/ Well, I hope that you are still with me. Thornberry/ Yes, I am. But I just got a cough- Kubby/ I am saying that to me the most important part of the concept of that L-shaped shopping center was that it was connected and that there was pedestrian connection and shop This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4i page 10 connection so it was one continuous development. Thornberry/ You should have maybe said that for future councils. Kubby/ Well, maybe we should have done that but we didn't and so I am saying that because of changing conditions, I am willing to forgo the concept of the small shops and the destination stores. You are crossing a line with me to deal with the design because of the intent of public input and controversy about this whole development from many many perspectives. Vanderhoef/ One of the things that comes up for me, Karen, is the outdoor garden shop and how that leaves a gap as far as I am concerned in what you are talking about in the continuous and because it is not in the CZA that it had to be enclosed, I don't see anyway that we have any say on ever seeing that section closed. And that creates a question to me of whether this is living out the intent of the CZA to begin with and yet it has been allowed already. Nov/ We could have, at some point, required the outdoor garden shop to be at the other end so that this end could be contiguous. But it wasn't done. Vanderhoef/ Yeah. So this is where I come out that even if we required that to be closed in where you were talking about the individual small shops and so fourth. I suspect that we will always have the gaps there and the garden shop that we can't do anything about. Kubby/ And we might physically but there are things we could do with design in that triangle where the parking is not if there is commercial activity going on. There are things you could do with the design of that building to live it out as much as possible since we didn't lay things out and people tend not want to lay things out so stringently in a CZA because we don't want to tie the hands of economic development. So now here is an example of where people are saying you should have been more specific but since people don't want to do that, you us to allow flexibility. So- Vanderhoef/ So the flexibility I would like to see even explored even in this is if we are going to change the CZA to allow Staples to come in this form, then as we are designing this walkway area, can we approach Wal-Mart and say let's come on around. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 page ll Kubby/ If the majority wants to do that. Council/ (All talking). Vanderhoef/ Explore that if it could be done. If they have no intention of building that end at this point, a request and some cooperative work here might be worth the pursuit. Thornberry/ It is still their option. Vanderhoef/ It is still their option. Norton/ That is what they are working on. Vanderhoef/ That is what I would request them to. Lehman/ I think that we have four people who want to continue this ORe. NOV/ We haven't voted but- Kubby/ I have a question for Linda. At one point you had said if you want to pursue the possibility that the private covenant that Wal-Mart on the development that makes it very hard to live out the staff interpretation of the CZA, that it would be-the onus would be on the city to spend a lot of time kind of showing how the development should happen. Will you explain that a little bit? Why is the onus on us? Why can't we say no, you just have to live out the CZA and it is a private property owner's and potential buyer's energy to have to be put into figuring out how to make this happen? Woito/ If you were to style a lawsuit as if it were a breach of a contract or unilateral amendment or recision of a contract, it would be up to us for- the burden of proof would be a preponderance of the evidence because it would be civil. It would be 51-49 would be your evidence and you would have to show that basically the private restrictions gutted the CZA so that neither party could fulfill the basic agreement of the original CZA. Kubby/ Okay, so we would have to show that it was not possible to live out CZA because of the private covenant and that is why the onus is on us because we have to show the claim. Woito/ Or presumably another way to style a lawsuit would be to refuse to approve the Staples agreement and Staples could sue This represents only areasonably accuratetranscription ofthelowa City council meeting of July 16,1996, F071696 #4i page 12 us. Then we could be the defendants. But you still wouldn't have the issue unless you joined Wal-Mart to challenge the priuate covenant. Kubby/ Why would Wal-Mart challenge the private covenant? Woito/ Right, why would Wal-Mart join that lawsuit? They wouldn't. So we can't- It is hard for us to style ourselves as a defendant where we wouldn't have the burden of prof in a civil case. If you want to bring the case, you are going to have the burden of proof as a plaintiff. Kubby/ Okay, thanks. Baker/ Can I rephrase that opposition about options and lawsuits? Woito/ Or a declaratory judgement. You could file a declaratory judgement saying you know, we interpret it this way, tell us judge, is this right or wrong. We still have the burden of proof. Baker/ But Staples seems to be saying now that with the parking restrictions put in place by somebody else, they cannot fulfill the CZA. And wouldn't our position be that it is the opposite of what was said before. We think you can. You have to go and fulfill under the current limitations that you have. Kubby/ Under two sets or rules. Can you design something under two sets of rules? Woito/ The problem with that is that Staples would say yes, we agree to this and we don't have any controls to change it. So you are looking at the wrong party. They would say look over my shoulder and look at Wal-Mart. They are the real party in interest that has the authority to change the restrictive covenant. Staples doesn't have any control and neither does Cub or Randalis. They can't change the covenant. Kubby/ But maybe not in terms of anything in the legal system but in terms of our process we could certainly say we are going to stand by the CZA and clarify the interpretation and say be creative and figure out how to- Baker/ It is between you and Wal-Mart. You have to figure out how to get this resolved. Woito/ True, you could put it on them. Thisrepresents only area$onably accurate banscription ofthelowa City council meeting of July 16,1996. F071696 #4i page Baker/ I have always thought one of the ways to (can't hear) is to say no to them. Nov/ I don't think Wal-Mart cares. Kubby/ That is part of the challenges of having those kinds of businesses have such a big space in a community without the rest of the plan being there. It is hard. Local people sometimes feel more responsible towards the community. And you know where they live. Thornberry/ I would just like to see all we could do at this level to make it possible for Staples to go into business in that location. And if they have a problem with a neighbor then they can work that out. But I don't want to be the stumbling block. (Can't hear). Lehman/ Well, Dean, I think that- You don't feel that we are being the stumbling block. Kubby/ Not at all. Lehman/ They agreed to purchase the property knowing that the CZA was, knowing what the requirements was. Just like Red Lobster came in here. I remember asking the guy from Texas did you know when you built the building you couldn't put up a sign? He said yeah. Don't pressure us now. Incidently, I agree. I think this, in my own personal opinion, is conceptually enough to the CZA that I would favor it. I don't have a problem with it. Because of that gap between Wal-Mart and Staples is always going to be there. We didn't build the smaller shop at the end of Wal-Mart. It already does not do the sort of thing we want to do and things may have changed since 1989 and I think one of the real values of being able to come to a council is that we can have some flexibility and we can change to market conditions. However, I am not going to be here on the 6th when you finish the p.h. Nov/ Okay. Shall we vote? Miklo/ Is this still- Nov/ It is still open. Berndt/ Just to comment on a few of the things that I heard. One of the things that I don't think maybe there's a full understanding of, we were and Staples was when they started This represents only areasonably accurate transcription ofthe Iowa Citycouncil meeting of July 16, 1996. F071696 #4i page 14 this process fully aware of the ECR's. Fully aware of the parking restrictions of 5.35 per 1000. Fully aware that they oouldn't put up a sign. All the things that were clearly defined in the CZA. The real problem and you talked about it quite a bit is the language that was vague. We had no clue. The third party, I realize Karen you were part of crafting that thing, you knew what you thought it meant, but as a third party, as a professional, as Staples who obviously does this all over the country, it wasn't clear. And that's what makes it an issue that we're asking for the CouDcil's to take a look at because we did a lot of research, Staples did a lot of research on that property and the items that were clear, they knew about, that we're not asking to change those. It's the fact that that language did not say that it has to be a continuous store from one end to the other. And also the fact that even the drawings the conceptual drawing which was conceptual, there was language in there that it was subject to change. That conceptual drawing already had significant changes made to it. What we felt were more significant than what we're asking to do. So it's the ambiguity. We knew about the parking requirement. And I think Cub Foods came here two weeks ago and said that Super Value, who franchises Cub Food, has a parking requirement of 6 parking spaces per 1000. Since that time I was working on a project for Loews. Loews also has a requirement of 6 parking spaces per 1000. The 5.35 in that sort of business is not excessive by any means and we were aware of that. It's the fact that it wasn't clear to the third party that may come along later that really caused the problem which is why we're addressing the Council. Even at the lower levels, there was some indecision in the Planning Department. There was certainly a lot of discussion in the Planning Commission just like there is here tonight whether the CZA even has to be amended or whether our plan meets the concept. If there's that much indecision it's obvious that it wasn't clear to us. The other items, the sign, I hate to bring up the obvious but there is one very very clear cut statement in the CZA that all signage shall be internally lit and that there shall be no uplighting of signs allowed. Well it's probably dark by now. GO out and look at the Wal-Mart sign. It's got two big flood lights shining up at it. So those are the sorts of things that show that was very clear and yet somehow they didn't do it and I think it was an oversight when it was submitted° I think the people that were reviewing the signage didn't realize that that was some statement in the CZA. Thornberry/ They will catch it in 10-12 years° This represents only 8masonebly 8ccurate transcription ofthelowa City council meeting of July 16,1996. F071696 #4i page 15 Berndt/ And I understand how those things happen, but it's the fact that even some of the clear language obviously slipped through with the unclear language you know was not as obvious as what those who helped craft it maybe thought it was° Nov/ Okay. Is there anyone else who would like to speak on this topic? Okay. Back to our motion, all those in favor of continuing this p.h. to August 6, please say aye- (ayes). Opposed same sign-(aye: Kubby). Motion carried on a 6-1 vote and this hearing will be continued on August 6. We're asking P/Z and staff to please see what we can come up with on a better design for pedestrians. Baker/ Naomi, I just want to make clear in case somebody might misunderstand, and I certainly have no problem with continuing the p.h. but I have a lot of problems amending the CZA. Nov/ I understand. We heard you. We now need a motion to defer item j. This is the first consideration of the ordinance for this project. Moved by Thornberry, seconded by Kubby. Now all in favor, please say aye- (ayes). Thisrepresents only a reasonably accurate transcription of theiowa City council meeting of July 16,1996, F071696 #4k page 1 ITEM NO. 4ko Consider an ordinance amending the Zoning Chapter by designating 36 properties as Iowa City historic landmarks. (First consideration) Nov/ The reason we are saying 36 properties in one instance and 37 in the other is that one property is going to be voted on in the next resolution separately. Moved by Kubby, seconded by Baker. Discussion. Thornberry/ Well I guess it's my turn again. I will be voting against this ordinance. Properties that are on the National Historic Register have been requested individually by the individual parties that live in these houses° They have requested to be on the National Register. We have been given all kinds of reasons, multitudes of reasons why it would be good to have these properties on the local historic register and it is my belief that if it was such a great idea to be on a local historic register, that individuals could, at their option, request that designation as opposed to being forced to be in that designation. So I am going to be voting against this ordinance. It is just one more ordinance that takes property owner's right away from them and I fundamentally disagree with the taking of rights from property owners when they are doing absolutely no harm to anybody. Lehman/ Well Dean, I philosophically agree with you. However, I guess I could support this ordinance if it were a voluntary designation. I think if it is as good as we indicate it is, that it might very well work voluntarily and I guess I would much rather see this be a voluntary thing initially to see if it would work rather than making it a mandatory sort of thing. For that reason I also cannot support it. Kubby/ I am in support of both ordinances enthusiastically because I think that what people do to historic property has affect on the whole neighborhood and therefore on the whole community and that we have obligations to each other and it is a balance of collective rights and individual rights and the way the histroci preservation ordinance and the commission is set up and how it is really lived out in practice is that it is a very streamlined process, it is a very helpful process for people when they ask to make some kind of exterior change that needs a building permit. To decide do you need to go through the process or not. And in terms of the one property owned by Mr. Glasgow, I know it is not that item. I am going to comment on both things at once here. Is that when people choose to be Thisrepresents only a reasonobly accurate transcription ofthelowa City council meeting of July 16, 1996. F071696 #4k page 2 on the National Registry of Historic Places via Landmark, there are some advantages to them or they wouldn't do it whether it is just an emotional advantage or in the future some kind of property value advantage. But there aren't any real responsibilities with that designation unless they are using federal moneys and I guess the thing I like most about this ordinance is it lets us have some local control about those responsibilities of those property owners. That if a structure is on good physical condition and they want to demolish it, the community can intervene and say this is a community asset and a community value and it affect us all and we are not going to allow that to happen and I think this is a really wonderful balancing, a collective right and individual right and individual responsibility to the community. Thornberry/ I think that is co~Lmendable, socialist, rhetoric. That is all I can say. For the good of all you have got to do it this way and that is just socialist personified. Kubby/ There is a really wonderful process through the Historic Preservation Commission that is happening now and has been happening for a decade. Where people come in and say I want to make this change to my property and they bounce it off a set of guidelines that are nationally made through the Secretary of Interior. It is public negotiation and public process. Things get worked out. So the private sector gets what they want and there is some protection for the public sector. I think it how we should do things. It is balancing those two things and I think we should live out those values by passing this ordinance. Baker/ I find this full discussion very interesting because I hate to throw my age around but I remember when we didn't have a Historic Preservation Ordinance and all the original debates about what the role of government and what sort of controls do neighbors have over property around them, what kind of input do they have, what are we trying to preserve. And for years we couldn't get a Historic Preservation Ordinance passed because there were fears about property owners being unable to continue to exercise the rights that they have as a property owner and as Doug Russell has pointed out, since this thing has been in affect, not once has this council had to resolve a dispute between the commission and a property owner. This is a fairly innocuous ordinance. It is a mild ordinance. It has a minimum protection level and I think the public is well served by it. The danger of just simply acquiescing to the This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4k page 3 idea of unless somebody wants a zoning designation we shouldn't impose it on them leads to all sorts of potential problems and that is why I am a little bit confused about the idea that if someone objects to a zoning designation, we shouldn't impose it on them. How voluntary can you make or should you make zoning which is what this is. It is a zoning designation. Some things are very clear and I have a problem with understanding and maybe help me out here. Where do you draw the line- Thornberry/ Wouldn't this be a spot zone, Larry? Vanderhoef/ ¥eah, that is my question about the spot zoning and yes, we have heard from several of the owners of these properties who are delighted to be included in this and given the opportunity to go onto the landmark recognition for the city, they will voluntarily do that and I would certainly like to see the possibility put out there for them to do this on a voluntary basis before we enact additional ordinances. I will be voting no on the Washington Street property because this landowner has objected and we have gotten correspondence from a few others who have objected but perhaps did not realize the importance of objecting at a certain time and I acknowledge that Doug, you have done a marvelous job of notifying everybody as best you can and what they do when they get that kind of notification. I don't know whether they go into total resignation that there is nothing I can do about it. Therefore, I won't say anything. I can't speak for them. I don't know. However, given the possibility of a simple form of requesting the designation may well serve us in a better way and have more community spirit about the whole thing. Baker/ I just want to make sure about- Woito/ I am sorry Larry and I know that this is in support of your statement and I don't want to interfere with your political philosophical statement at all, but I do want to clarify that there is a very clear Supreme Court case that was decided 20 years ago that said that New York could impose a Landmark Designation Ordinance on the train station in New York City. It was a landmark case. Pardon the pun and it has never been challenged. It is still law. So this is not any form of illegal spot zoning. I don't want to interfere with your philosophical discussion. But legally, it is clear. Baker/ That was a point I was going to raise is that spot zoning has a very clear legal concept. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4k page 4 Woito/ Yes and this is not spot zoning. Baker/ Not applying to this case. Lehman/ No but Larry, you made a statement that we have the right to impose zoning. Why is it then in our Zoning Ordinance that if a certain number of people object, we can't do it without a supermajority. Kubby/ We are doing his here in item 1. Lehman/ I realize that. Baker/ That protection makes sure that the public is well behind this effort. If three people are not behind protecting the individual property of Jim Glasgow, so be it. But I think it is a public purpose protecting that piece of property has to be served by a mandatory ordinance. Not a voluntary ordinance. Mr. Glasgow may do wonderful things to that property but the next property owner may not. Lehman/ But if we had responses and I don't think we have them, I don't think there is anywhere near 20% of the folks objecting to this. I think most of them think it is a great idea° I think it is a wonderful concept. I just like to see it voluntary. But if the majority of these folks objected, we would have to pass this by an extraordinary majority to protect the rights of the property owner, not the rights of the public. That is why we have the provision. Baker/ We have had to do that in previous cases as well and we have had 7-0 votes over the objections of the abutting property owners and nearby property owners as well. It was clear, I think, that the 7 people thought there was a compelling public interest being served by their vote. Now if a minority of council does not feel there is compelling public purpose, so be it. I am having a hard time seeing the distinction between voluntary zoning and how what you seem to be saying is anybody in the future, there will be other properties that the HP Commission is going to look at for designation. I think you are saying if you don't want it, this council will not impose it on you. Lehman/ I guess that is precisely what I am saying. Baker/ In a sense, you are making this a voluntary ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4k page 5 Lehman/ That is what I would like. Obviously, the majority doesn't feel that way. Norton/ If you make it totally voluntary, how are you really going to protect- Suppose it were an obviously significantly historical building° Suppose somebody lived in Old Capital and they proposed to tear it down even though it is on the Historic Register. They propose to tear it down. If we designate it as a Landmark, they couldn't do so. It seems to me the value of these historic properties to the public is to be considered, Dean. It is not purely a single person matter. Thornberry/ It is ridiculous to say what if somebody lives in Old Capitol. What if somebody lived in the Washington Monument. Norton/ I mean these structures are very valuable to the community as a whole. That is the point here. Lehman/ We are getting nowhere. Nov/ We are getting nowhere. The point that we have lost is that if these structures were in a historic district, there would be no question that they would be regulated. The only question that we are dealing with here is should we regulate a landmark structure if it is not in a historic district and there are those who think it should be regulated anyway and that is the way I am going to vote on it. Kubby/ Doug or Bob or Linda. If a building in a historic district and a property owner came in for a demolition permit, is there any protection within the district from demolition as there is in a Landmark Ordinance? Miklo/ Yes. In a historic district a permit to alter the exterior of a building is required and must be approved by the HP Commission. Vanderhoef/ Demolition? Miklo/ Yes. Kubby/ I am very glad that you are correct, Naomi. I am very happy. Thornberry/ Unless it is for the health and welfare of the people in these building- Nov/ If it is obviously ready to fall down anyway, they would get This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 ~4k page 6 a permit. Thornberry/ What you are saying is be careful in buying an old house in Iowa City. You may not be able to alter it. Norton/ Sure you can alter it. Alter it consistently with its historic- Thornberry/ But if you want that designation and want the benefits with this, I think that it is nice to have it available° But I sure hate telling people they have to if they live in a specific house. Kubby/ And we have philosophical differences that can't reconcile. You discuss them and vote. Council/ (All talking). Nov/ I think I hear people say they are ready to vote. Roll call- (No: Lehman, Thornberry, Vanderhoef. Yes: Norton, Nov, Baker, Kubby.) Okay, this vote carried on a 4-3 vote. Right, I counted correctly. Okay. Karr/ Could we have a motion to accept correspondence? Nov/ Moved by Thornberry, seconded by Vanderhoef, that we accept correspondence. Any discussion? All in favor please say aye- (ayes). Okay, motion carries. Thisrepresents only areasonably accurate transcription of ~elowa City council meeting of July 16,1996. F071696 #41 page 1 ITEM NO. 41. ConEider an ordinance amending the Zoning Chapter by designating property located at 832 E. Washington Street as an Iowa City historic landmark° (First consideration) Nov/ The item before k. is related to this and this item is oonsidered separately because a formal protest has been submitted specifically concerning this designation for this property at 332 East Washington Street. Moved by Kubby, seconded by Lehman. And Linda, does this require six in order to pass? Woito/ Yes. Nov/ Okay. Woito/ And if it doesn't get six the first time, it is dead. Nov/ All right. We don't do second consideration. Baker/ could I ask a question for clarification on the previous discussion about objections to that ordinance. Is it just the historic nature of the ordinance? That that is what we are trying to regulate or is it the overall concept of property rights? Lehman/ To me, I think this is a good concept. I support the concept 100%. I think the concept is good enough that it could be promoted in a fashion that folks would voluntarily ask for this designation. I don't think it needs to be mandatory. That is my objection. Baker/ The goal of this particular ordinance- Lehman/ I have no problem with. Baker/ Doesn't need to be mandatorily enforced? Lehman/ I don't think it does. I don't know that. I would be willing to find out° Baker/ But that doesn't apply to zoning in general? Lehman/ Oh no, no, no. Not at all. Baker/ Misunderstood that. This mpresonts only areasonably accuratetranscription ofthelowa City council meotingofJuly 36,1996, F071696 #41 page 2 Vanderhoef/ Thanks for helping us clarify that. Baker/ I just want the public to understand the distinctions here, hopefully. Nov/ Okay. Roll call- (No: Lehman, Vanderhoef, Thornberry. Yes: Nov, Baker, Kubby, Norton.) Okay, this failed because we had only four yes votes. Kubby/ For the second consideration of the ordinance that has the 36 properties on it, I would request that we either collapse the readings or defer the third reading because I am going to be out of town and not at the second meeting in August. Thornberry/ I thought you were a proponent of not collapsing anything, Karen? Kubby/ Except if there is a good reason. Sometimes there aren't any reasons. People just want us to do it and that is not a good reason. But what it would mean- Here is why I am saying it is a good reason. It would be a 3-3 vote and it would fail and that is not what this majority wants. So I am going to be bringing that up at the next meeting and we will figure that out. There night be a whole bunch of things that different council members want to deal with in that way because of our schedules. I think we should try to accommodate each other on that matter. Nov/ Okay, moving on. Thlsrepr~ents only areasonably accurate transcription ofthslowa City council meeting of July16,1996. F071696 Jul}, 16, 1996 City of Iowa City Pa~e 10 Consider an ordinance amending the Zoning Chapter by rezoning the following properties owned by The University of Iowa to P, Public: 1 E. Park Road (RNC-20), .234 N. Madison Street (RM-44), northwest comer of Dubuque and Chumh Streets (RM-44), 230 N. Clinton Street (PRM), 324 S. Madison Street (CB-2), 300 Myrtle Avenue (RS-5), 421 Melrose Avenue (RS-5), 315 Melrose Avenue (RS-8), 121 Grand Avenue Court (RS-8), 127 Grand Avenue Court (RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old Hwy. 218 S. (I-1). (First consideration) Comment: At its May 16 meeting, by a vote of 5-0 with Gibson absent, the Planning and Zoning Commission recommended approval of the rezoning of University of Iowa properties listed above to P, Public. This recommendation is consistent with the staff recommendation contained in the staff report dated May 16. n. 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) Comment: At its June 4 meeting, Council deferred consideration of this item to its July 16 meeting to allow time for the Design Review Committee to prepare revisions to the original ordinance. At its June 17, 1996, meeting, by a vote of 5-1 (Hawks voting no), the Committee recommended adoption of the revised Design Review Overlay Zone Ordinance [see "item 2b4(a)"]. A memorandum from the Committee regarding recommendations is included in Council packet. /~/~ Consider an ordinance amending the ~'o'ning Chapter by conditiona y '~. rezoning a 2.32 acre tract from I-1, Industrial, to C1-1, intensive Commercial, for property located east of Sunset Street on the south side of Highway 1. (REZ96-0006) (Second consideration) Comment: At its May 2 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed rezoning subject to conditions. The Commission's recommendation is consistent with the staff recommendation contained in the staff report dated April 18. #4n page I ITEM NO. 4n. 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/ Moved by Kubby, seconded by Norton. And as I understand it, this first consideration is the deferred ordinance from last time. So if we want to consider the new recommendations, we have to amend or substitute. Kubby/ Before we even do that we had agreed last night to let people speak and it doesn't maybe matter which- If you feel more comfortable if we amended it first. Nov/ If we amend it first, we know people are speaking about the revised ordinance. I think that would be the better way. Kubby/ I move that we amend this item to delete- CHANGE TAPE TO REEL 96-85 SIDE 1 Nov/ Okay. Amended to consider the new ordinance and we need a vote now on the amendment. Does that require roll call? Woito/ No. Nov/ Okay, all in favor please say aye- (ayes). Okay. We are now considering the ordinance that has been recently recommended by the committee and we will accept public comments on this ordinance. John Beckord/ Good evening. While I am writing, I will thank the council for being so thoughtfully entertaining. I appreciate that. I have been to hundreds to council meetings all over the state of Iowa and these are my favorite. Nov/ It's a good thing since this is the one you're stuck with. Kubby/ We take that as a compliment. Beckord/ That is a compliment. Baker/ These things take time. You can play these over again. Beckord/ Oh, I do, when I can't sleep. First of all, I would like to compliment the Design Review Committee. They've made some revisions that I think deserve compliments. The proposal that This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4n page 2 is now before you is certainly more user friendly. It eliminated some cumbersome language. They've shortened the time line involved. I think last night you said they're probably making a commitment to meet more frequently than any other city colmmittee which is saying something and they've reduced the submittal requirements which certainly was one of our main objections. The discussions that I've had with certainly Marty Haynes and other members of the DRC have been cordial and constructive. I compliment them on their approach to this. As I said before and will say again for the benefit of people who are tuning in for the first time on this issue, the Chamber, like the DRC, certainly supports quality of design. And we urge all those who are planning some kind of vision to their building to seek professional help as Marty is fond of saying. However we do remain opposed to this proposal in its form because it has maintained the mandatory review, mandatory compliance approach. As I've spoken to you before, the Chamber initially proposed a voluntary review, voluntary compliance approach and there was discussion I believe initiated by Dee Norton that a hybrid form of this be considered, namely significantly or specifically the mandatory review, voluntary compliance approach. We thought this was a compromise that we all could get behind. Unfortunately the DRC feels that it wouldn't be effective and therefore they're standing behind their mandatory review, mandatory compliance approach. That's disappointing. I expect that there will be a great many people who must go through this that will unfortunately view this DRC as the taste police as they've been referred to. And that's unfortunate because the services that they can provide are valuable and we're convinced that the people involved know what they're doing and can help the building owner or business owner get a quality design. There's no question that good design is nice. Design review is nice. And that good design can add to the value of a commercial district. But this is not a critical need. It is not a health and safety issue. This is a taste issue. And as I spoke before, all we have to do is look at the example of the Jefferson Hotel which 20 years ago won design awards for the renovation that was made which I think by most people's standards by today's standards anyway would be considered poor design. Tastes change over time and this review mechanism is such that it just doesn't account for the subjectivity involved in design review. I also would note as you know I've told you before, there is a lot of baggage that comes along with this° This is on the heels of a number of other ordinances that the council has considered unfortunately perhaps un-deservedly council's getting a reputation for being This represents only e reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071 696 #4n page 3 encumbering, mandate happy, and ready and willing to solve problems on the back of businesses. This is not a good thing. It's not a thing the Chamber wishes to perpetuate. In fact it's a thing the Chamber would like to involved in solving and turning that around to where the Council has a reputation of being business friendly and ready and willing to work on this. Unfortunately we feel this particular design or this ordinance design is not particularly business friendly. And finally, unfortunately it perpetuates the widely held view that the sun never sets on a mandated government program. Thank you. Nov/ Is there anyone else who would like to discuss the topic? Martin Haynes/ I'm the chair of the DRC. And indeed we have worked hard to bring to you a rewritten ordinance that would address a lot of the issues and concerns of the Chamber, of the Downtown Association, of the members of the Near Southside Community. And it is of course a mandatory review, mandatory compliance ordinance. And of course we looked at this very careful because we knew it was a point of contention with a lot of people. But the Committee feels very strongly that the alternative of a voluntary compliance and review process would not be effective, would not successful because individuals would no voluntarily abide by the suggestions of the DRC, not because they would intentionally do bad designs just because it would be easier not to go through the compliance process. The Committee feels that it's not an issue of taste, that the notion is to establish standards of guidelines that will as best we can eliminate this issue of taste and subjectivity. Certainly yes, when you're looking at new building there's going to be things that are subjective but if there are standards and guidelines that can be written, and I believe they can that minimize the level of subjectivity and taste issue. I really never heard it called the taste police but that I guess is yet to be seen° And I guess the Committee really urges the Council to today look to the future and today establish take the opportunity to establish these standards and guidelines that will ensure a high level design in the Iowa City community. It's important that as the d.t. continues to develop that we look at these new projects and make sure that they are compatible and that they are appropriate and that they preserve and that they enhance the architectural context and architectural spirit that is unique to Iowa City. And the Committee believes that the process that we have defined in the ordinances is the best way to do that and the best way that the Committee can contribute to the community and the community can benefit from the actions of the This represents only e reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4n page 4 Committee. Kubby/ Thank you, Marty. Nov/ Is there anyone else who wishes to discuss this topic? Daryl Woodson/ Hi. I like the stickers. I own a building on the southside at 405 S. Gilbert and I operate a business there, the Sanctuary Restaurant. And I'm in favor of the Design Review Ordinance, just to show you that not all the business community is against it. I kind of view it as a design preservation or design insurance. One of the things in talking to a lot of people I've heard is we really haven't had any bad buildings in Iowa City. The urban renewal project I think greatly improved dot. and I've been here long enough to see that. But I would prefer that we address it before it happens. If we get a spectacularly bad building becoming the centerpiece of d.t. Iowa City, then we're stuck with it for 30 years or 50 years or however long. And I think this will ensure against that. It will help preserve the value of the property owners that they have in their existing buildings that they've worked on, invested a lot of money in. And it will help preserve the value of the public improvements that we've put in to d.t. Iowa City and will put in on the south side to make our d.t. attractive and keep it vi3ble. I don't think it is an onerous process. The Committee has certainly streamlined the ordinance greatly. Four day turnaround is almost ludicrously short. As far as it being a detriment to businesses, a lot of businesses go to shopping malls. Shopping malls have the tightest design and construction standards that you will find anywhere and that's attractive to businesses because they're assured that their neighbors will have the same quality of store front that they will have and the same quality of building and keep the quality of the commercial area. I think that's what this design review ordinance could do for d.t. Iowa City. Thank you. Nov/ Okay. Is there anyone else who would like to discuss this? Okay, we'll move to Council discussion. Norton/ Well, perhaps it's my turn. There seems to be wide agreement that the citizens of this community want an attractive and vital d.t. We all have a very direct stake in the d.t. an economic stake, a social state, not simply an aesthetic stake. The achievement of such a community goal requires collective effort. It is not at all likely to happen through chance or as the result of solely individual This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4n page 5 decisions. Note the evolution of manifestly unattractive commercial areas where strips along the entrances to many cities. In that spirit, seeking ways to maintain the character and enhance the attractiveness to the d.t. Iowa City, the Design Review Committee brought a draft ordinance in June. In an attempt to get more support on this Councuil and among d.t. business owners for the design review concept and process so I urged the council to defer the action on the ordinance. They did so, and we asked the Committee to work with d.t. owners to streamline the procedures and simplify the documentation requirements. We also asked them to consider in depth whether a voluntary compliance feature might incorporated rather than the mandatory arrangement that is presently in place. The Committee has done what asked° The procedures are indeed as everyone agrees much improved. Short turnaround of the process going on in parallel with reviews that have to be done in any case with building officials. The Committee in its wisdom has decided that with voluntary compliance, the efforts of owners who do on their own or with the assistance of the Committee pay careful attention to the principles of good design, can be effectively undermined by the actions of a neighbor who choose to ignore those principles and the advise and assistance which is available from the DRC. After much thought, much talk with the Committee, with citizens around the town, I have decided to accept their conclusion and support the revised ordinance now before us. I believe there will be benefits to community as a whole. I do not find that it imposes any unreasonable imposition. The ordinance provides many opportunities for those in the regions that will be affected in the d.t. and near southside to help establish design guidelines. There are provisions for hearings by that committee on establishing those guidelines° There's hearings before the P/Z Commission. There's hearings by the Council on establishing the more specific guidelines that will apply in that particular district. Owners will have ample opportunity to get the help if necessary and free and expert I might advise, assistance from the DRC to discuss Committee recommendations and to discuss their own concern. If rarely I think, the applicant and the DR Committee cannot reach agreement, the applicant has the option to appeal the decision to the DR Committee to this council. I think we may have perhaps put too much emphasis on the compliance features of this. If everybody is behind design as I hear them say, you won't get to that stage very often. The things will be worked out as they have indeed under the historic preservation procedure. I also want to add that the DRC will certainly have a fair and explicit educational function to undertake in this whole enterprise. So I want to Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting of July 16,1996. F071696 #4n page 6 say I'm going to support. It's not an easy call but it's one that I think will benefit this community. We deserve to protect our investment on individuals and collective investment° Nov/ Any other Council comments? Lehman/ Well, I'll make it brief. I appreciate the work the Committee did. They did a tremendous job and I think the revisions they put in were certainly done in a spirit of cooperation. And again, I fully support the concept of what we're trying to do. I do not support mandatory compliance and for that reason I can't support the ordinance. Vanderhoef/ I won't belabor this. I agree with Ernie. And as look down this council, I find ~t very interesting that the people who are supporting this are people I'm not aware of ever having owned or operated a business of their own. Kubby/ Or maybe owned a commercial building. Vanderhoef/ Commercial building. Kubby/ Some of us do operate businesses. Vanderhoef/ Yes. Excuse me. I stand corrected. Thornberry/ (Can't hear). Vanderhoef/ But just a couple of things that come to mind and we've talked about the subjectivity of this whole process. And I go back to the conversation in my kitchen a few weeks ago with Marty was there and another woman from the DRC. And just in general conversation, a certain building in the d.t. area was mentioned and one person said it's so nice to have that one gone. And the other one said oh isn't that interesting, I always thought that was a terribly innovative and attractive building. And that's what really set myself thinking that here are two professional people on the DRC saying one liked it, one didn't. One was happy it was gone, one said I wish it were back. I understand that we're all human and that we all make mistakes. And as an individual what I would like someone else may not like. However I find this ordinance appearing to take the pessimistic view that you are assessing that the owners and the building people that they are choosing to design badly. I don't find this so. And in the few cases where there might be some controversy on assessment, I would rather err on Thisrepresents only areasonably accurate transcription ofthelowa City council meeting of July 16,1996. F071696 #4n page 7 the side of the individual property owner. An example right in hand recently is the conceptual design of the library. It's fairly obvious in this community that there isn't any agreement on whether that is a positive or negative design. I'm not here to argue it, but what I'm saying is design review approved it. I cannot support this ordinance. This is additional regulation on private property owners that is unnecessary and until you can prove to me that these people are purposefully designfully working to create a bad design d.t. I don't think we need to have design review mandatory compliance. Baker/ A couple of comments. One is to repeat what I think we all would agree with, that we all appreciate the work that has gone in to this. I appreciate especially John Beckord. You talk about the Council and your experience with other communities, my experience with other communities and their Chambers of Commerce. I think we have to remember as well that that we (can't hear). This is not a radically new idea. Other communities do it. It's not like we're hatching this on our own° It works in other communities and it can work here. A couple of points to remind the public of, all we're doing is right now is approving enabling legislation to allow this Committee to proceed with its work of establishing the guidelines which also have to come back to us for approval before anything can actually he opposed on the businesses so this Council will have another look at the work of this Committee. I'm assuming that that Committee will work with the property owners involved and the property owners will help design the guidelines which will sort of set the standards for that area. A parenthetical statement to something you said, Dee, about looking down at this Council about the lack of experience owning commercial property. Not quite true. I worked my way through college owning and operating my own businesses' more than one building and had to deal with construction and city permits. I understand the process. And I'm supportive of this idea because I think it enhances business. And the DRC has gone out of its way to streamline the process. It's done a remarkable job of what they've done there. And I think that what we've come down to again is just a philosophical difference. We can say we support the concept but I think certain concepts have to be supported by firm regulation. John talked about this as not a health and safety issue~ I think that's valid statement, but we have a three part for the role of city government: health, safety, and welfare° I think that sort of ambiguous phrase of welfare you certainly can say design review enhances the general welfare Thisrepresents only a reasonably accuratetranscription ofthelowa City council meeting of July 16,1996. F071696 #4n page 8 of the community. So I support this and I hope that the Design Review people will work with those property owners and generate more support and more understanding. And I think that this will be nothing but a benefit for the community. Kubby/ One of the things that I hope happens is that with the new tack of the DRC willing to commit itself to education on the front end which I think is really important if we institute an ordinance like this, is to somehow capture the energy and the positive community spirit of the Chamber and the DTA and the Northside Merchants' Association, to get everybody together to help so it's not just the DRC but it's everybody's job to help let people know that this is here, how streamlined it is, and to encourage people to come in very very early before they invest any money in their designs with an architect if they're using one so they can get some feedback on some initial concept plans before they spend the money. So I hope that everyone will continue the spirit of working together on this educational aspect on the front end when this ordinance passes. Nov/ I think that we're dealing with an ordinance that's much more educationally oriented than it had been. Many years ago when I was on the DRC, the ordinance was not written with guidelines and property owners contributing to guidelines with public hearings at various levels not just at the Council level, so I think that it is much improved and I really think that we should support it. Thornberry/ Mr. Woodson, we probably should be on a first name basis. My son helps support your business. The Vine is a very fine establishment. Or the Sanctuary, I am sorry. Getting back to the design review, the original intent of the design review was to review the design of urban renewal in dot. Iowa City° When it was established it had the sunset clause. That clause was when the urban renewal areas were completed then the Design review would go away. I would like that to happen with this organization. I want someday, before I am off the council, to do what was said that we would be doing and that was to eliminate a hoop, eliminate another step for businesses to jump through to do business in Iowa City. It doesn't look like it is going to go away anytime soon due to the fact that it seems like it is a stepping stone to get onto the city council, at least to be mayor. Anyway- We were told last night that the Design Review Committee said that the owners would probably take the route of least resistance in building or renovating their building and I do not believe to be the This reprssents only a reasonably accurate transcription of the iowa City council mee[ing of July 16, 1996. F071696 #4n Nov/ page 9 truth. I believe that the owners will do and take care of their business, their businesses, that they have invested in with the utmost care as opposed to taking the route of least resistance. As far as mandatory review and mandatory compliance, with a subjective, and I like this idea, taste cop, taste police. I know they don't have breathalizers but they probably have planalizers and if it doesn't meet the subjective planalizer odorous or non-odorous stench, then they start over. I don't know. All I know that is that mandatory review-mandatory compliance to someone who is starting a business in Iowa City or wanting to relocate their business in Iowa City, I hope that they don't take that as a mandatory go look somewhere else to do their business° Daryl mentioned that we have, to this point and in his opinion, that they have not been any bad buildings built dot. In fact we were shown 15-20 buildings that we shown to be of good design and only 1-2 had gone through design review. The rest were done by individuals. So, I don't think we need another mandatory step for businesses to go through in Iowa City and I agree wholeheartedly that the° with the Chamber of Commerce position. Okay. Everybody is ready. Roll call- (yes: Baker, Kubby, Norton, Nov. No: Lehman, Thornberry, Vanderhoef) o This first consideration passed on a 4-3 vote. Thisrepresents onlyareasonably accurate transcription ofthalowa Citycouncil meetlngof July 16,1996. F071696 July City of Iowa City Pa~e 1 1 p. Consider a resolution approving a final plat of Saddlebrook, Part 1, Iowa City, Iowa. (SUB95-0028) Comment: At its June 6 meeting, by a vote of 3-2, with Chait and Supple in the negative, the Planning and Zoning Commission recommended approval of the final plat of Sa,dd~kx.P,.a~l, and of the final site plan of Saddlebrook, Part I/Lot 47'~iJ~j'~ t~ta~ approval of legal papers and construction/plans prior to City Council consideration of the final plat, a~U conditions pertaining to the construction of Heinz Road and sidev~alks. The legal papers are being reviewed by the City Attorneys offi.~e, Construction plans are being reviewed by the Public Works D~partment, The Commission's recommendation is consistent with th~ staff recommendation contained in the staff report dated May 16. The applicant and staff have reached agreement pertaining to the construc=ion of Heinz Road and sidewalks, as detailed in the staff memorandum included in th,~ Council packet, This item was deferred from July 2. Action: Co~jd~.~_a~r_esolution approving a final site plan for Saddlebrook, Part 1, Lot~,'~"222-1ot, 40 acre, manufactured housing park, located south of Highway 6'and the Bon Air Mobile Home Lodge. (SUB95-0029) Comment: See "Item 4p." This item was deferred from July 2. #4p page 1 ITEM NO. 4p. Consider a resolution approving a final plat of Saddlebrook, Part 1, Iowa City, Iowa. (SUB95-0028) Nov/ Moved by Kubby, seconded by Lehman. We have read this draft form of the agreement that Saddlebrook has signed. What do we have today. Do we have a final form? Woito/ You have the signed final form today. Nov/ Would you tell us exactly what changed before we vote on this? Woito/ We cleaned up the whereas so that they weren't redundant. We clarified that this will be triggered by a building permit as well as subdivision which was one of your questions, Naomi. Other than that it was editing and clean up you and I suggested. Kubby/ Since this may be the start of doing business a little differently in terms of making up front cost of development not be quite as high, it may or may not be that, I think it is important that we outline the three major changes that make- Do you have the overhead? Miklo/ Sorry, I don't have the overhead. Kubby/ Maybe if someone could really really briefly describe what the three things are and how they are different than our usual way of doing things. Miklo/ At issue was the construction of approximately 500 feet of Heinz Road on east side of this property. Rather than require that construction at this stage or escrow in lieu of construction, we have a covenant with the developer stating that they will build it at such time that any of their future properties developed or when the connecting road, Saddlebrook Parkway, is built by the city. The other condition deals with the sidewalk on that same street. Rather than escrowing for it now, the escrow wouldn't be put in place until the mobile homes or manufactured housing units were placed adjacent to where the sidewalks would be. And the third condition, the developer will build most of the sidewalk back to Hwy 6 and then we will build a temporary sidewalk to a bus stop. Kubby/ So here is an example, if this passes, where we are doing something that we don't normally do in order to make it easier to develop in Iowa City. To reduce costs and in the future, if we do some form of this all of the time, it will reduce- Thisrepresents only areasonably accuratetranscription ofthelowa City councilmeutlng of July 16,1996, F071696 #4p page 2 Hopefully these reductions in up front costs will help offset some cost of housing over time. Nov/ Karen, I have to say we are not necessarily reducing the costs. We are deferring the payments. Kubby/ Right but it costs money to put money up front. And I hope that those savings will trickle down to a us homeowners. Baker/ And we were very clear before that the up front (can't hear). As a policy to review that and anyone who is watching this meeting tonight is going to be confused from the last vote to this vote and how to define the council as far as our approach to this vote. This is a significant change. This is a change from what the P/Z Commission recommended, staff had recommended. I think it is a good change. I just have one quick question for Bob. He used the term covenant with the developer. Is that covenant tied to the land? Miklo/ Yes it is so that future property owners would be subject to that same thing. Baker/ So this is as far as everyone is concerned the kind of protection that we have talked about at the last meeting to make sure that it happens eventually and not at a cost to the city. Kubby/ Do you think that the language is clear so that the next property owner will not find anything ambiguous in this document? Woito/ I think it is clear. Sara drafted this and she recited and I inserted several other times that all of Exhibit C which is the remainder of the property to the south which is a big hunk of lando Any of that gets developed even with a building permit, this is triggered. Nov/ I think short of requiring every future property owner to sign this agreement- Woito/ Which is impossible. Nov/ Which is impossible, we have done what we can. Woito/ And this will be recorded in the Recorder's Office and the difference also is these folks are local. They said it is it easier to deal with. It is people you have in your own This represents only a reasonably accurate transcription of the lows City council meeting of July 16, 1996, F071696 #4p page 3 backyard. Baker/ Are we going to come back and talk about this as a general policy? Kubby/ We should direct that we do so. Thornberry/ I take exception a little bit, Larry, when you say that gee, you could take a look at this council now and say gee, we are passing that the guild didn't really- I mean, to put in a sidewalk where there wasn't even a road and we are being so business friendly. When you said that you can look at this council and say, yes we are doing this for businesses and after just hamstringing and handcuffing business on the last two votes, you are saying oh look what we are doing for business. Isn't that great. When we are not requiring them to put in a sidewalk where there isn't even a street. Baker/ We are not requiring them to put up $400,000 up front° Council/ (All talking). Baker/ As I said in the beginning, anybody watching might be a little confused about- Nov/ It had been policy to require escrow funds. This is probably the first time we have not required escrow funds. Kubby/ Dean, I think your statement is misleading because we were not requiring them to build the sidewalk where there is no street. We were requiring them to put funds away for future construction of the sidewalk so there were no surprises by property owners in the future. Thornberry/ Orby building the street to go nowhere or by building another sidewalk to go nowhere. Lehman/ I am ready to vote. Nov/ I am ready to vote as well. Kubby/ I believe that Dean is saying things that aren't true that can confuse the issue. We were saying that you have to put moneys aside for the future building of the street up font totally for the sidewalk and the street. Okay. We weren't putting a street that went nowhere. We weren't making them put in a street and we were making them put moneys up now for the This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #4p page 4 future building of the street and now we are letting them phase it in and do it later. Thornberry/ That is great, Karen. It makes so much sense. I am surprised that you are actually- Nov/ Let's vote. Roll call- We have had enough arguing here. This is not an issue. (Roll call)- (yes). Okay, the final plat has been approved. Thisrepresents only areasonably accurate transcription of thelowa City council meeting of July 16,1996. F071696 July 16, 1996 ITEM NO. $ City of Iowa City Pa.~e 12 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WELL HOUSE IMPROVEMENTS PROJECT IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES 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 the construction of four well houses and one submersible pump installation. The work also includes pumps and motors complete wPth all appurtenances for each well house. The estimated cost of this project is $801,080 and will be financed with General Obligation bonds abated by water revenues. a. PUBLIC HEARING Action: CONSIDER A RESOLUTION APPROVING Action: 5~_--~-~-~.-.) ,//7/Z~t..~,.~-L.~ ITEM NO. 6 CONSIDER AN ORDINANCE AMENDING TITLE III, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4 "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY, TO INCREASE ON- AND OFF-STREET HOURLY PARKING RATES IN IOWA CITY, IOWA. (FIRST CONSIDERATION) ITEM NO. 7 Comment: The specific fees to be increased are all parking meters, the Swan and Dubuque Street parking ramps. and reserved spaces for contractors. Staff-- · .,q3er~3~andum and norrespondence included in Cou~,uil p-acket~---. Action: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE SOCCER SITE ACCESS ROAD PROJECT. Comment: The bid opening for the Soccer Site~.~.c~ject will be held July 16, 1996, at 10.'30 a.~l:13~c Works and Engineering will recommend award~..._gf..-th~t actc r a er evaluft ation of the bids. The A ff~,,_.recommen~..dation'~W~11 be presented at the Council Meeting. The estimated cost for.....Fthis"'~oject is$190,~00 and will be funded by Road Use Tax revenues. #6 page ITEM NO.6 CONSIDER AN ORDINANCE AMENDING TITLE III, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4 "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY, TO INCREASE ON- AND OFF-STREET HOURLY PARKING RATES IN IOWA CITY, IOWA. (FIRST CONSIDERATION) Nov/ Moved by Norton, seconded by Baker. Discussion. Thornberry/ Now, was it decided that the increases all go for the d.t.? Kubby/ No. Nov/ They will go for parking improvements in general but we did not say necessarily it had to be d.t. Kubby/ It was requested that we had a resolution or in some that we committed to that. We don't have a resolution in front of us and we haven't- Thornberry/ Does that mean that part of this money would go for transit? Arkins/ The current council position, Dean, is that $90,000 per year and that as a matter of budget, you can amend or change that as you see fit. All of these additional revenues will be receipted into the Parking Fund. Baker/ It is very clear that at least for the next three, maybe four years, we have obligations for parking (can't hear). Thornberry/ Absolutely. Norton/ That was done by others. I thought there was a general understanding that most of the primary source of these things was going to enhance the parking ramp. We didn't have anything formal about that yet. Nov/ We have wanted improved lighting and also set aside for a new structure sometime. Norton/ And a new ramp possibility, too. I mean all of those things are on the hoof so they will surely absorb whatever we get here° Vanderhoef/ I think it is fair to have the public understand that this is staying within parking. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071695 #6 page 2 Thornberry/ That is why I brought that aspect up. Norton/ No, I agree, I understand. And it is correct. That is the correct reasonable thing to do. Atkins/ If you were to take any moneys out of that, it would require deliberate action on your part° Kubby/ It would take a resolution to increase that money or to do it past FY99. Atkins/ That is correct. Baker/ There is always a threat of four socialist being elected. Kubby/ If they were democratic socialist, I would be in heaven. Thornberry/ Do you take a roll call on that, Larry? Baker/ There are only two in Iowa City. Kubby/ There are lots of democratic socialists in Iowa City. Lehman/ Do they park? Norton/ Do they pay? They all ride bikes, Dean. Kubby/ One of the comments that the DTA had made that was part of an editorial in the Press Citizen was about if there were proportional reinvestment of the moneys of sectors that were gathered from a certain area of down and reinvested, that there would be a lot more money invested d.t. Then you start thinking on a national basis. If we use that kind of proportional gathering of money and spending of money, the lower and the middle classes would have a lot more services and money comes towards us and I don't think that is the purpose of government is to say we are going to take money from you and invest it in you. Why would we take it? The purpose is that you gather fees and taxes and you distribute them on the basis of community need and that is- In this case they are earmarked for parking unless we make different decisions some of which are outlined. It is just an interesting analogy that came to my mind that I wanted to share with you. Lehman/ We could have a long discussion on that one but- This repressnts only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #6 page 3 Norton/ I am ready to vote. Council/ (All talking). Nov/ Roll call- (yes). Okay, Council/ (All talking). first consideration has passed. Thisrepresents only o reasonably accurate transcription oftholowa City council meeting of July 16,1996. F071696 ITEM NO. 7 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOCCER SITE ACCESS ROAD PROJECT. COMMENT:The bid opening for this project was held on July 16, 1996 and the following bids were received: Peterson Contractors, Reinbeck, IA Streb Construction, Iowa City, IA Langman Construction, Rock Island, IL Leichty & Son Construction, Mt. Pleasant, IA Engineer,s Estimate $148,075.00 $159,405.00 $177,250.00 $182,992.50 $167,000.00 Public Works and Engineering recommend award of the contract to Peterson Contractors of Reinbeck, IA. The mute of the mad has been changed by addendum to reduce the cost of the project. Funding for this project will be provided by Road Use Tax revenues. #7 page 1 ITEM NO.7 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERKTO ATTEST CONTRACT FOR CONSTRUCTION OF THE SOCCER SITE ACCESS ROAD PROJECT. Nov/ We have a new description of item 7, not the one that was in the packet. Moved by Norton, seconded by Thornberry. Discussion. Kubby/ You know, I have a question but it is really about two weeks ago about what the specs were. Someone is here who lives in- owns property in that area and said out there did you know this is going to be a gravel road and I guess I did not do my homework. I didn't realize the soccer temporary road is going to be gravel. I thought it was going to be an asphalted chip seal road and thinking about kids on bikes and lots of cars in a short period of time coming and going on that road. I guess I am a little concerned about the gravel and should have asked this question before. Rick Fosse/ The reason it is gravel is because we expect that area to develop within the next couple of years if things break down from a development perspective- For instance, if that tract does not get annexed, then we might consider going back and putting a chip seal on top of that if it appears to be a more long term facility. Right now it is difficult for us to justify it for the length of time that we expect it to be there. Kubby/ Are there any safety considerations? I mean I am thinking about van loads of people coming all at the same time and all the dust and being able to see- Lehman/ We will salt that, won't we? Atkins/ Dust we can control. Fosse/ We can put dust control on it if that is an issue. The road kind of goes down the center of the 80 acres. So I really hope that dust isn't a big issue down there and the roadway within the park itself are also the gravel surface and we have the option to go back and put a chip seal surface. Atkins/ And it does appear- Kubby/ I guess if I wasn't so much thinking of the individual houses but people on the road and visibility on the road for multi-mode traffic. But if it is a problem we can calcium This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #7 page 2 chloride? Norton/ Bicycles will have a time though, won't they? Kubby/ How big is the gravel? Is it big gravel? Fosse/ It will be interesting to see how much bicycle traffic we get that far south. Nov/ There could be kids going to play soccer. Kubby/ I can't say the word out loud. Arkins/ It does appear that we will not be playing soccer this year. So I don't think we will have the traffic to begin with- CHANGE TAPE TO REEL 96-84 SIDE 2 does not appear that we will be playing soccer this Arkins/ But it year. Norton/ It will be there for next- Atkins/ That is correct. Fosse/ There is not time to build the road before spring season if we wait until next year. Norton/ Have to do it now anyhow. Fosse/ Right. Nov/ Okay. Do we have all our easements in order on this one? Woito/ No but we will. Nov/ And we will have it in time for the contract? Woito/ We are starting down-the contractor is starting on our land. We have straightened out the road which should make acquisition easier. Kubby/ Will that still work that the bed of this road could become the bed of the city street when that area is developed? I mean, that was one of the advantages of investing now. Fosse/ Now about 70% will remain at the location that it will be Thisrepresents only areasonably accuratetranscription ofthelowu City council meeting of July 16,1996. F071696 #7 page.3 constructed as part of this project and 30% of it will probably be relocated. But there is some significant economies to making that change at this time. Nov/ Okay. Kubby/ Thank you. Nov/ Any other discussion? Roll call- (yes). Okay, we have approved this resolution. This represents only areasonably accurate transcription oftha Iowa City council meeting of July 16,1996. F071696 July 16, 1996 City of Iowa City Page 13 ITEM NO. 8 Z2o CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OFTHE IOWA CITY LANDFILL FORCE MAIN PROJECT. Comment: The bid opening for the Iowa City Landfill Force Main Project will be held July 16, 1996, at 10:30 a.m. Public Works recommend award of th cone tract a~n of._ het .b. ids;, The r.ecom d t' '11~g~j=eee~t-th C '1 Me~tJno g. T e eh stimated cost /~,0~'~or thi ' is $260,000 and will be funded by landfill revenues. ITEM NO. 9 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE ABBEY LANE SANITARY SEWER PROJECT. Comment: The bid opening for the Abbey Lane Sanitary Sewer Project will be held July 16, 1996, at 10:30~. P~blic Works an~eedng will recommend award o~contract after evaluation of the bids. The ,..,,,~frecommendati°~-n~'wili~be presented at the Council Meeting. Total estimated /'~,1 1 I~/~(.] cost for t~s~oject is $130,000 and will be funded by General Obligation and [ ~__..y.j~ ~.Re~ende bonds. Act,on: / ITEM NO. 8 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT. COMMENT: This project involves construction of a force main and gravity sewer to connect the new landfill lift station to the sanitary sewer system of Iowa City for treatment of the landfill leachate. The bid opening for this project was held on July 16, 1996 and the following bids were received: McAninch Corporation, Des Moines, IA Maxwel! Construction, Iowa City, IA Langman Construction, Rock Island, IL Hurst & Sons Contractors, Waterloo, IA Yordi Excavating, Solon, IA Engineer's Estimate $ 226,938.80 $ 239,057.00 $ 331,090.00 $ 278,362.00 $ 288,518.00 $ 259,737.O0 Public Works and Engineering recommend award of the contract McAninch Corporation of Des Moines, IA. Funding for this project will be provided landfill revenues. ITEM NO. 9 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ABBEY LANE SANITARY SEWER PROJECT. COMMENT: This project consists of installing a sanitary trunk sewer through the proposed Kiwanis Park and along part of Abbey Lane. The bid opening for this project was held on July 16, 1996 and the following bids were received: Hurst & Sons Contractors, Waterloo, IA L.B. Inc., Iowa City, IA Maxwetl Construction, Iowa City, IA Langmen Construction, Rock Island, IL Engineer's Estimate $104,766.00 $109,307.00 $136,476.00 $191,675.00 $126,670.00 Public Works and Engineering recommend award of the contract to Hurst & Sons Contractors of Waterloo, IA. Funding for this project will be provided by General Obligation and Revenue Bond proceeds. #9 page i ITEM NO.9 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERKT0 ATTEST CONTRACT FOR CONSTRUCTION OF THE ABBEY LJLNE SANITILRY SEWER PROJECT. Nov/ Moved by Thornberry, seconded by Norton. Discussion. Thornberry/ I am glad to see that there are more than one or two bidders on these projects. I really like to see this many bids. Thank you. Nov/ And we like to see so many bids that came in under the engineer's estimate. Norton/ They all did, didn't they? Nov/ Well, not all. There are some that came in over but it is nice to have the kind of bidding competition that we have- Thornberry/ I know that it takes a lot more effort to go out and try to get all of these bids and it is good for you to see, also, when you have an engineer's estimate from our engineers and to so 4-5 coming in, some below and some above and when you have this many people bidding on these projects, I really really like to see this. I know I was critical before on a project where we only had one bid. But this is wild and I just thank you very much. Nov/ Okay, any other discussion? Roll call- (yes). This resolution has been adopted. Thisrepresents only e reasonably accumte transcription ofthelowa Citycouncil meeting of July 16, 1996. F071696 July 16, 1996 ITEM NO, lO ITEM NO. li City of Iowa City Page 14 CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS ($33,600); CRISIS CENTER ($33,000); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($46,000); EMERGENCY HOUSING PROJECT ($7,500); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($9,200); MAYOR'S YOUTH EMPLOYMENT ($36,000); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($49,000); RAPE VICTIM ADVOCACY PROGRAM ($12,$00); AMERICAN RED CROSS ($4,510); AND UNITED ACTION FOR YOUTH ($30,240). Comment: The City of Iowa City has previously approved FY97 City of Iowa City funding for the fo!lowing agencies: Big Brothers and Big Sisters ($33,600); Cdsis Center ($33,600); Domestic Violence Intervention Program ($46,000); Emergency Housing Project ($7,500); Iowa Center for AIDS Resoumes and Education ($9,200); Mayor's Youth Employment ($36,000); Neighborhood Centera of Johnson County ($49,000); Rape Victim Advocacy Program ($12,500); American Red Cross ($4,510); and United Action for Youth ($30,240). City staff have negotiated funding agreements with these agencies. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: FREE MEDICAL CLINIC ($5,t80) AND HAWKEYE AREA COMMUNITY ACTION PROGRAM ($6,240). Comment: The City of Iowa City has previously approved FY97 City of Iowa City funding for the following agencies: Free Medical Clinic ($5,180) and Hawkeye Area Community Action Program ($6,240). City staff have negotiated funding agreements with these agencies. Action: 7/~"c4c~,~. / ~ ,y~ c~ #10 page 1 ITEMNO.10 CONSIDER A RESOLUTION APPROVING A~AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS ($33,600); CRISIS CENTER ($33,000); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($46,000); EMERGENCY HOUSING PROJECT ($7,500); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($9,200); MAYOR'S YOUTH EMPLOYMENT ($36,000); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($49,000); RAPE VICTIM ADVOCACY PROGRAM ($12,500); AMERICANRED CROSS ($4,510); ANDUNITED ACTION FOR YOUTH ($30,240). Nov/ Moved by Kubby, seconded by Lehman. Kubby/ I think since Linda has sat here for a while- Nov/ Give Linda a chance to say something. Linda Severson/ I just wanted to share with council that we did this a little bit differently this year. In previous years there has been a resolution for each agency and I felt that it was more efficient to do just several resolutions. This one is Aid to Agencies. The next one is Aid to Agencies but we broke that out because there is a conflict of interest by a council member. And then the last resolution is still Aid to Agency moneys but it comes from CDBG funds° Vanderhoef/ Thank you. Kubby/ I appreciate the streamline. Nov/ We appreciate it. Thornberry/ I would just like to make one comment regarding these Aid to Agency. Karen Kubby and I worked diligently together on this budget and worked hard at it and came to a satisfactory conclusion on most of them. I declined her offer to arm wrestle for the last few dollars, $3,000 are wrestle, wasn't it? And I declined and gave her the money. So she owes me big time and I have not forgotten that. Nov/ I have to say thank you to those who sat through all the hearings and then made these kinds of recommendations to the council. We know it is tough. I have been there. Kubby/ In the past the American Red Cross part has been taken out because of the conflict with me because I use to be a paid Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of July 16,1996. F071696 #10 page 2 instructor with the American Red Cross doing work place for state training and I am no longer a paid instructor. I am strictly a volunteer. Thornberry/ Aren't you on Big Brothers/Big Sisters? Kubby/ No, I bowl for them. Thornberry/ Oh, you just bowl for them. Nov/ Okay, any other discussion? Roll call- has been approved. (yes). This resolution This represents only 8 reasonably accurate transcription of the iowa City council meeting of July 16, 1996. F071696 page 1 ITEM NO.11 CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: FREE MEDICAL CLINIC ($5,180) AND HAWKEYE ;LREA COMMUNITY ACTION PROGRAM ($6,240). Nov/ Moved by Thornberry, seconded by Norton. Discussion. Kubby/ I will be abstaining because I am on the board of directors of both the Free Medical Clinic and HACAP and I appreciate the council's willingness to separate these out so I don't have to abstain on everything. Nov/ Roll call- (yeses. Kubby: Abstain). This has passed by a 6-0-1 vote with Kubby abstaining. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 ,July 16, 1996 ITEM NO, 12 City of iowa City Page 15 CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I'I'EST THE SAME: ELDERLY SERVICES ($55,105); MID-EASTERN COUNCIL ON CHEMICAL ABUSE ($25,235); AND UNITED ACTION FOR YOUTH ($24,660). Comment: The City of Iowa City has previously approved FY97 City of Iowa City funding for the following agencies: Elderly Services ($55,105), Mid- Eastern Council on Chemical Abuse ($25,235); and United Action for Youth ($24,660). City staff have negotiated funding agreements with these agencies. ITEM NO. 13 ITEM NO. 14 CONSIDER A RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, INC. Comment; Proposal documents were made available to 18 area towing service providers. The City received two proposals and is recommending award to Big 10 University Towing, Inc., for the three-year contract. Big 10 University Towing, Inc., will provide towing and storage services for vehicles impounded due to traffic violations, abandonment, and police investigation. Action: / ANNOUNCEMENT OF VAcANcIES. Previously announced vac.ancies. (1) Airport Commission - One vacancy to till an unexpired term ending March 1, 1997. (Robert Hicks resigned.) (4 males and 0 females currently serve on this commission.) (2) - Beard of Appeals - One vacancy to fill an unexpired term of a Licensed Plumber ending December 31, 1997. (Jane Hagedorn resigned.) (5 males and 1 female currently serve on this Board.) These appointments will be rnade at the August 6, 1996, meeting of the City Council. #13 page 1 ITEM NO. 13 CONSIDER A RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, INC. Nov/ Moved by Thornberry, seconded by Norton. Discussion. Kubby/ Steve, when we put out these proposal documents, did they outline three year? Atkins/ Yes. Kubby/ Okay. Last night I had made a suggestion to council about my feelings that there are only two companies in town who can get near to being able to accommodate our proposal because our proposal has everything from the smallest kind of towing job to the largest kind of towing job. So you need these big pieces of equipment and a certain kind of insurance in order to even be a player° Usually we only get one bid and this year we got two which I think is good because we got to choose. So I am glad that there was some competition this time. But I am interested in spreading this out even more and I would be interested in some kind of system where people who wanted to participate who are in the towing business could and that their name comes up next on the list for the next tow job that is appropriate for them. So that if there is a need for some big tow job, the next person on the list doesn't have that equipment, you go to the person next on the list who has the equipment. I am not interested in figuring out tonight. But what I am interested in doing is approving this because we put it out as a three year contract and some of the costs were figured out for a three year contract. So I am not interested in changing that° I don't think that would be fair. But what I would be interested in doing is that in two years from now- Why are you laughing Dean? Thornberry/ I am sorry. Just the tow job, the big tow job, you said. It struck me funny. I am sorry. Kubby/ I will go on. Where was I? Thornberry/ I kind of agree with you. Kubby/ I would like to direct staff that in two years from now we come back with some options of how could this work because I know there are a couple of concerns about fairness about where to store cars but how can we spread this out so more towing companies in the community can get some of this business and I feel make it a little more equitable because there is no way This represents only a reasonably accurate transcription of the iowa City council meeting of July 16, 1996. F071696 #13 page smaller towing companies can tap into this proposal because of the big needs. So I would like us to direct staZf that in two years they come back to us with some kind of options to see if there is a way to make it work. Nov/ Are you saying that we could have someone bidding on small towing, automobiles only, and somebody else bidding on trucks only? Kubby/ No, I am suggesting that there either be zones or there be a cheap- 3 X 5 card system at the dispatch. Where every towing company who wants to be on the list, you have a 3 X 5 card and the call comes in, you look at who the next call is, you call that person. If they can handle the job, they get ito If they don't want it, they go to the end of the line and you call the next person. Anyway, some system like that. Thornberry/ Either don't want it or can't handle ito Kubby/ Right. Nov/ Well, you should know if they can't handle it. This card should have a list of equipment. Kubby/ Right, we will know if they can handle it and skip them if they cannot. Some system, I don't care what it is. The value here is to spread it out so that more people can participate in this. Thornberry/ If they were to be on that thing, it might behoove them to get a bigger truck and then update their card so they could be- Kubby/ It may help expand lots of local businesses, smaller local businesses. I would like to- Thornberry/ This is for a three year contract? Kubby/ Right. And since we put it out that way, I am not interested in changing. I don't think that would be very fair to Big Ten. Thornberry/ So three years down the road we will take a look at this? Kubby/ I would like to see it in two years so we can make a decision before we put the proposal out for the next contract. Thlsrepresents only a reasonably accurate transcription ofthe Iowa City council meeting of July 16, 1996. F071696 #13 page 3 Thornberry/ Okay. Vanderhoef/ It was interesting to me last night in our discussion that we didn't have any place in town that we could store towed cars. Kubby/ No matter who is towing them. Vanderhoef/ I don't know that is general knowledge. I lived here a long time and never have had my car towed. So I didn't have to go and retrieve it. Kubby/ Has anyone else here not had their car towed? Nov/ Yaah. Norton/ Come on, I am not scofflaw. Thornberry/ Do they tow bikes? Kubby/ No, they take them down at the police station. I can take a bus down here. I can't take a bus to Coralville to Holiday Wrecker. Vanderhoef/ I just think it is interesting and maybe the public would like to know that that is the case. That when their car is towed, it will not be found in Iowa City. Kubby/ Where is Big Ten business? It is further out. Vanderhoef/ (Can't hear). You need to know that. It is way further out. Kubby/ You can get on the bus to get to Coralville but you can't get to Holiday Wrecker. You can walk even though it is not the most pleasant pedestrian atmosphere. Woito/ You are going to have to get a ride down to this place. Kubby/ That is how most people do it now. Thornberry/ I know where it is. Kubby/ Something else we have in common. Nov/ I have one concern about this. If a car is towed by a company X and another car is towed by company Y and they compare notes Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting of July 16,1996. F071696 #13 page 4 and they find out that the costs are different for these two companies, are these two people going to say why does the city charge me more for this one than for that one. Arkins/ Part of the bidding helps with some of those things. I suspect that if you wanted to go on a rotating basis, from experience in another community, is you by resolution will have to set a rate structure and if you are called by city personnel, this is what you are going to pay. And the other thing to keep in mind, too, if you have rotating, we may have to get into the impound business because if we are towing a car for impound and they don't have an impound lot, and we have to find someplace to do that. There is a number of administrative details. It is not that it can't be done. Kubby/ Pros and cons and difficulty to overcome them and if not, then we do what we have been doing. Arkins/ We have regulated it by bid. That is encouraging folks to bid on the thing° That doesn't mean there are other ways you couldn't do that. Nov/ I would be concerned about having everyone pay the same fee. Arkins/ Now they do. Norton/ There might be a precedent. If we do this in a kind of rotating way, there may be other areas where we contract for things. I don't know. I think it needs to be thought about to be consistent with other aspects of our business. Arkins/ We will put a note in the file and it comes up for review° It will be brought back to you in anticipation of you knocking it around before we go out. Okay. Kubby/ I guess I am starting to have a concern about how far away the impound lot is at Big Ten. Part of me is saying that I am really glad that we had some competition and that a different company is getting it to let them reap the benefit in some way° What was the difference? I don't need to know a specific numbers necessarily. Atkins/ About a half a mile further. Holiday Wrecker, according to my note is 1o5 miles west of the city limits and Big Ten is two miles west of the city limits on Hwy 1 South. Kubby/ Was it a huge difference in the amount of money? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #13 pa~e 5 Atkins/ No. The basic tow rate in the bid was the same. The most significant difference that occurred was in some of the other charges. The dolly charge, Big Ten was $15, Holiday was $20. The first half hour was $15 dollars, after a half hour it was $15, Holiday was $20 and $20. Standby time was $15 and $20. Trucks, tractors, buses, big things, $75 versus $90. Kubby/ That extra $5 is like a night of (can't hear) almost. Atkins/ We did pick up a couple of things to our advantage and one thing I think it is important to repeat particularly new council members and the public is the city does not receive the money from this. This is not a money maker for us. We did, under this contract, however, negotiate in the bid to our advantage. In the past when we, for law enforcement purposes, had to impound the vehicle, we were paying the regular rate of $7 a day for the impound per day charge. We now pay $! per day. So that is somewhat to our advantage. And there is some other notification issues in here. Our estimate is that we do about 2,800 tows per year. This contract is worth $150,000 a year in revenues. Thornberry/ The city doesn't get any money for the impounding but for those who have their cars towed, the place where you start is the Police Department to pay your fine with cash. You pay your fine before you can go get your car. So if you go out and get your car first without going through the Police Department, you get to come back and pay your fine before you can go out and get your car° I know about that, too. Kubby/ About 2:00 in the morning I had to panhandle a dollar to get that fine. So I had to come down here on my way out to Coralville. Nov/ I have one more question on this contract as written. It says $15 for a half hour and then $15 after that. But it didn't give a number for that second $15. Atkins/ $15 waiting period, period. It is no more than that and the principle being is that after an hour they are going to send him on his way. They don't have to wait around for you anymore. They will tow the vehicle. So you have a maximum of $30 you would have to pay for that. Nov/ So the maximum is $30 because after an hour there is no more waiting° Thisrepresents only ereasonably accuratetranscription ofthe Iowa City council maeting ofJuly16,1996. F071696 #13 page 6 Atkins/ They are not going to wait around anymore than that. Kubby/ So even when I complain you can't get to the core of the location for the current place where cars are impounded, you can take a bus to Coralville and walk there even though it is hard. I am concerned about this location. I hadn't really thought about that expect before. That you can't take a bus very close. Atkins/ We discussed it at the staff figuring that would be a concern. It was also a concern for us and it is not scientific. It appears that the vast majority of folks usually has someone to get you there° And you know we have our ATM machine so cash is readily available to folks now. We have an ATM machine in the lobby. A lot of folks didn't want to write a check. You can use your ATM card. Nov/ You know how to write a check, you can write a check. Okay. ' 9 Any other discussion. Roll call- (yes). Okay, the contract has bsen awarded. Thisrepresents only 8reasonably accuratetranscription ofthaiowa City council meeting of July 16,1996. F071696 14b. Current vacancies. (1) Housing and Community Development Commission - Three vacancies to fill three-year expired terms ending September 1,199,~. (Terms end for Linda Murray, James Harris, and Elizabeth Swenson.) (3 females and 3 males currently serve on this commission.) These appointments will be made at the August 27, 1996, meeting of the City Council. Jul}' 16, 1996 iTEM NO. 15 ITEM NO, t6 City of Iowa City Paine 16 CITY COUNCIL APPOINTMENTS. a. Consider one appointment to the Design Review Committee to fill a vacancy for three-year tem~ ending July 1, 1999. (Term ended for Laura Hawks) (3 females and 5 males currently serve on this Commission.) CITY COUNCIL INFOR1VIATION. ITEM NO. '17 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATI'ORNEY. a. City Manager. b. City Attorney. ITEM NO, '18 ADJOURNMENT. #16 page ITEM NO.16 CITY COUNCIL INFORMATION. Nov/ city council information. Let's start with Mr. Baker, Larry. Baker/ A couple of quick things. One, did you all discuss last night Joe's memo about the family discount thing on transit? Norton/ No, we didn't discuss it but it was complicated. Baker/ Maybe we can on the next informal agenda for five minutes or something. Nov/ No, we would have to put it off. We just met- Baker/ That is why I just wanted five minutes. Atkins/ Do you want us to keep it on for an upcoming work session? That is fine. We will put it on. Kubby/ In the meantime with that issue, could we get information on how the family swim pass program works and details because I don't understand why this seems so challenging. Norton/ I can see- Atkins/ Okay, we will get that for you. Baker/ I also want to thank Naomi for calling the counci!'s attention to this memo, the article from Public Management about The Role of Business Improvement District. I am wondering, if the council is still inclined, we could have copies of that sent to all the d.t. businesses, the owners of the properties d.t., to call their attention to this. I am most of them know about it anyway. Just let them- That it will stimulate some thought on their part. Nov/ I don't know that we have to send it to every business- Lehman/ Send it to the DTA. Nov/ Yeah, send it to the DTA and let them bring it up at one of their meetings and discuss it. Baker/ I just didn't think we were talking about hundreds of people here. Nov/ You are talking about a lot of paper and postage and I am not Thlsrepr~ents only areasonably accuratetranscription ofthelowa City council meeting ofJuly16,1996. F071696 ~16 page 2 sure that it is going to workable except for the members of the DTA who really meet and discuss. Vanderhoef/ You might also send it to the Chamber. Baker/ Chamber, d.t. Monday group. Norton/ The Monday Forum group. I would send each one of them and urge them to share it with their members. Baker/ I have been thinking about this for a long time. I was wondering if the council would be- would direct the staff to- I don't know how much work is involved in this but how much money would be generated in Iowa City by such a district? Atkins/ We did it a number of years ago and I would have to dig it out and recalculate it. Give me a little time. It is called a Self Supporting Municipal Improvement District. Baker/ I got a copy of the state enabling legislation and it gets to be more convoluted than the historic preservation rules. 25 and 25, and 40 and you get 6 votes, then you have 7 votes. Arkins/ If you would just like a memo of sort of here is how it works. I will draw an arbitrary line, here's the process, here is the kind of money. Something such as that to just give you a working document? Baker/ Sure, that is more than I- I asked Marian to distribute a copy of a memo about ICAD last night. I am wondering if we could bring it up in an informal meeting? Sometime that is convenient for everybody to talk about it. Arkins/ Depending on what kind of reporting you wanted to hear. We should follow through. Baker/ Those questions might not be the right ones. We should talk about what we do expect. Steve's memo about the Mercer Expansion Consultant. I am reading between the lines here but I think the purpose of that memo was to make sure that we, the council, is still on board. Arkins/ That is a still on board memo. I got the contract. All I need to do is sign it. It is ready to go and I didn't hear This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #16 page 3 from you so I am assuming it is a go. Baker/ Okay. I don't have any book to plug tonight. I still got mine which is 400 pages of typed script. So if you want that, call me. For $22.50 I will send it to you. Just kidding. Last thing- Thornberry/ Does that include postage? Baker/ I will deliver it to your house. I am looking at a July 11 memo from Linda about water impact fees and this is a question for council but it refers to a conu~ent in Linda's memo about the direction that council wants to proceed on water impact fee study. Linda says while I am aware there may not be four members of the current city council that wish to proceed with a water impact ordinance, I have been asked to report back to council and I would appreciate your help. Obviously, that comment is to the staff. I guess before we ask the staff to do a lot of work on this, I am not asking do you want to vote for a water impact fee. Are there four people who want to pursue it? Kubby/ It would be the same as the sewer tap on, similar to a sewer tap on fee that we have and it seems to be very acceptable in this community. Woito/ No, it is not at all. Kubby/ Maybe legally but in terms of concept. Woito/ Legally it is not at all like that. Kubby/ But conceptually. Nov/ Hers is more complicated. Norton/ Well, what is it like? Woito/ I mean, that is why it is so difficult. If this were like sanitary sewer, you would have it like that. Baker/ Linda, you seem to be working under the assumption that there may not be four people who support the concept. Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting of July 16, 1996. F07169~ #16 page 4 Woito/ Well, I think Steve and I had talked about that and whether we really wanted to forge ahead and- This is a lot of work and we would like some direction from you whether you want us to do a lot of work. I guess I am hesitant to ask if there are four people tonight. I don't know how big-how much of a discussion we can have or how knowledgeable all of us are about history. Vanderhoef/ I am not. Baker/ Informal work session. Say do you want them to proceed with this inquiry. Norton/ You have done quite a bit of work already. Woito/ Yes, I have. Norton/ There is a fair amount that you summarize or sent copies of your earlier work. But I need to think about it too in terms of what are the possibilities if it is going to be plausible. Baker/ I am not for committee- Norton/ I understand that. I need to think about- Kubby/ I want some background about how that is one piece of what the whole decision about the water plant was so we can discuss with the big picture and have that piece fit into the rest of what we are doing. Nov/ What Larry is doing is adding more topics to the next work session. Baker/ It doesn't have to be the next work session. It just has to be- Nov/ Some soon work session. This is a very complex issue and maybe we should resurrect the information that we had from Portland, Oregon. I would just give it to the people who haven't seen it yet and I am sure that we can pull that out of Marian's files easily enough. Woito/ I have it in my files. Vanderhoef/ I would appreciate some information. Baker/ Sooner or later we need to tell them to proceed. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #16 page 5 Woito/ I can dig out the Portland one. Nov/ The main concern is that you are competing with various other water systems which Portland, Oregon was not. We should really check into the complexity of this. Baker/ But sooner or later we need to give direction. That is my point and I appreciate Linda's comments there because it did indicate some ambivalence on staff's part and we need to give some direction and that is all I got. NOV/ Okay. Dee Vanderhoef. Vanderhoef/ Okay. I noticed the memo that we had in the packet on the Jazz Fest and the attendance was estimated 25,000 people and I am hoping that this is not the complete report that we are going to receive from the Jazz Fest on the expense lines. There were some- Atkins/ I would suggest that we probably write a letter to jog their memories with respect- Vanderhoef/ That is sort of what I was thinking perhaps we ought to do. Thank you. Atkins/ Good point. I will prepare the letter. Vanderhoef/ All right. Then I have a question that- Norton/ Would that go to Liz, too? Liz Dueland for the other Arts Fest? Kubby/ And ICAD and whoever else. Norton/ Well, Larry has qot a proposal to consider for ICAD. Kubby/ I mean we need to be treating everyone the same. Norton/ Certainly the Arts Fest and the Jazz rest we will want to give- Nov/ The Arts Fest did give us a detailed budget. The Jazz Festival did not and there was sort of an inside promise of more details afterwards. Arkins/ I think it was a direct promise. I think he said I will get you whatever you need. Okay. Thisrepresents only areasonably accuratetranscription ofthelowa CitycouncilmeetingofJuly16,1996. F071696 #16 page 6 Vanderhoef/ Before they disappear with receipts and so forth° Norton/ With the proceeds? Vanderhoef/ I think they have been spent and that is fine. A question and I don't need an answer right now because Planning staff is not here. But I am just curious as to how easy or how difficult it is at this point now to get the appraisal and money into a plan for our open space. How is that process working? Atkins/ Can you ask me that- I am not so sure I understand how to answer. Vanderhoef/ In the ordinance for money instead of lieu of land for neighborhood open space, I just was curious as to how this is working with the appraisal and how expensive and how much staff time has been used to produce those figures. Woito/ An appraisal is required for the value in lieu of. Arkins/ They have to do that anyway for taxes purposes, I am assuming, because they are donating the land or the cash. Vanderhoef/ The appraisals probably aren't that costly. Atkins/ I am going to see Terry tomorrow. Let me ask that question and I may have- Vanderhoef/ I can call him. That is fine. No problem. I will just call Terry on that and see if he has had any trouble. I thought maybe it was Planning staff was doing it versus Parks and Rec. And I would be interested in attending the Iowa League of Cities in Cedar Rapids and I don't know- Are there anyone else that is interested in that that I will share rides with them. Nov/ I will probably go. Vanderhoef/ I am specifically interested in Wednesday afternoon and all day Thursday and I will put a question mark on Friday. Karr/ Why don't get your registration form to me and I will help coordinate and see which days. Thisrepresents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #16 page 7 Norton/ You want them from all- Karr/ Please. Vanderhoef/ Okay. That is it. Thornberry/ We announced some vacancies on some commissions. These are volunteer jobs for these vacancies and they are very very important. So if you do have an interest in these areas, please put in your application for these vacancies. I know that there have been two taken out for the Airport Con%mission. We haven't got any back yet. ~und three vacancies on the HCDC, a very very important positions here and we really would like to have some people apply for these and take the time and give back a little bit to the community. Nov/ And we need one plumber also. Thornberry/ And a plumber. They are really busy but boy, it is a good experience and that is all I have at this time° I am sorry, one other- two other little things regarding the streets. How are we coming with Burlington and Gilbert? Arkins/ It is suppose to be open this week. Thornberry/ It is suppose to be open this week. The brick is in. Atkins/ Suppose to be open this week. I ask him everyday and he says we are working on it. Thornberry/ And how long is First Avenue going to be closed approximately? Will that be through September? Atkins/ I would think so. Probably more like into October because that project isn't due for completion until like November. Kubby/ It is amazing what they are doing to the creek. All of those trees. It is sad. Thornberry/ That is down by your house? That will be a big job. They said you can't get here from there in the paper and it is about right. Coralville and Iowa City are doing a lot of projects this year and it will be a lot nicer when you finish and start on something else. Thank you. Nov/ Be sure to ask Coralville if they want signs for their bike This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #16 page 8 routes because they painted nice white lines for bikes. I saw a bike on a white line in Coralville. Kubby/ Actually, that was one of the things I was going to talk about is to show people the sign that Iowa City for its Share The Road Program chose. And this is going to be a topic for discussion tomorrow night at the JCCOG meeting which is the regional governmental to hope that other communities in Johnson County who are in the more urban areas, meaning the University of Iowa, North Liberty, U.Hts and the county will choose the same sign so we can have a consistent program and the theory behind the program is that we have a map that shows the bike routes where you can ride anywhere because bicycles are a vehicle but these signs will be on these bike routes to just remind every body that you are sharing the roads. Thornberry/ Question, Karen, regarding those signs and I don't know who to address the question to. But can we put up signs like that on a state highway. I know that- Atkins/ I think you can with permission. Thornberry/ North Dodge Street is a highway. Does IDOT have any problem with those signs? Atkins/ You have to get specific permission from them because they have- You think we are fussy about signs, they're really fussy about signs. But I would suspect we could, Dean. It would seem to be in their best interest to do it also. Kubby/ We will have to ask permission. If they say yes, we will be happy. If they say no, we'll- Lehman/ Argue with them. Norton/ Choose an alternative. Kubby/ Ask them again. Although I heard through the grapevine that the county is not very interested in investing in these signs on the routes even though at the JCCOG meeting it was a unanimous vote and two delegates from the county were there. So I would request that other council members call supervisors. Lehman/ Call your husband? Kubby/ He is in support of this. Call other supervisors to say we Thisrepresents only e reasonably accurate transcription ofthelowa City council meeting of July 16,1996. F071696 #16 page 9 decided this as a region, we need to implement this as a region or you shouldn't have voted yes at JCCOG. What is that? Baker/ (Can't hear). Kubby/ I don't think that there was a formal vote. There was not majority support to invest in the signs. I want to go back to the First Avenue project since I do live in the neighborhood. There is a new kind of neighborhood process during the construction time where every Tuesday morning at 9:00 AM neighbors can go to the construction trailer and talk to the main inspector and other workers who are on the job to say these are things I have noticed that are a problem, these are things that work smoothly. To complain about the detour signs not really being very functional and teaching people- the signs actually teach people to go on the- not on the detour and one of the end results may have been that my car was smashed and someone took off. So if anyone saw anyone hit a blue Honda in front of my house, please let me know so I can go after it. Anyway, that's besides the point. But I think the process is really good where neighbors can go and not only have the public input on the front end of the design but also during construction to be able to know what is going to happen this week in my neighborhood. So I think it is a really good process and it is something that the consultant H. R. Green instituted, not necessarily the city and I hope that we might kind of evaluate how this works to see if it is something that we would requires of larger projects like this as part of our natural system. So, it is nice. And lastly, I want to see if I could recap what happened at our council meeting last night about the library discussion to see if we all have the same understanding about what the next step is. So I guess ~ will say what I think happened and people can agree or disagree with that. we decided- I am assuming that we are still going to have a public vote on a resolution to put the library expansion as proposed on the ballot° Vanderhoef/ No. Kubb¥/ Okay, well- Nov/ They have removed that. Kubby/ Okay, all right, so, I started off bad. Maybe someone else Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting ofJuly16,1996. F071696 #16 page 10 should say what they think happened. Nov/ Finish please. Kubby/ That we were going to get together in some real focused kind and we don't have other things on the agenda. Either a separate evening or a weekend day for a bunch of hours to focus on what we believe are the general values of the library are and figuring out how to maybe combine a bunch of different projects into one big concept and those projects would be what happens on the urban renewal parcel next to the Holiday Inn which is referred to as Lot 64-1A that would hold some of the concepts of CenterSpace with exhibit and gallery space that is convertible into convention space. Combine those concepts with rehab of the ped mall and expansion of the library to see if we could look at all of those things together to come up with one big conceptual plan that maybe constructed in phases that thought about in total. And that we are all committed to expansion of the library but it is really a matter of on what land will it sit, whether it is on top or below and on which piece of property, the current library building per se or next door on the urban renewal and the one thing that didn't get talked about last night was money which I felt very frustrated about but it may be that it is hard to answer that question when we have enlarged the project because any bond issue that we go to the public with that incorporates this larger concept is going to be much more than $15 million. But the basic thing is that we are committed. Well, I am getting all confused now. We are committed to- Norton/ That is why we are having a meeting. Nov/ We are committed to a meeting. That is about all we are- Kubby/ But we also said that we are committed to making sure that the building is in good shape. Meaning doing roof repair and new carpeting and exploring what it would take to maybe finish off the rest of the second floor, that 8,100 square feet. Norton/ Exploring that. Kubby/ Exploring what it would take. Does that mean a smaller referendum and then later on a bigger one for more issues? So committed to doing short term needs of the building, contmitted to a meeting with the full library board and a full council to talk about this larger conceptual idea, I guess. Thisrepresents only a reasonably accurate transcription ofthe Iowa City council meeting of July 16, 1996. F071696 #16 page 11 Nov/ And this will be a joint work session and it will be publicly attended and it will be sometime in September. Norton/ Go ahead Larry. Baker/ Can I ask Karen a question about (can't hear). Two points. One you said it was your impression that the council is entirely behind the concept of expanding the library. Kubby/ That was my understanding from the discussion last night. It may be that some people don't want it d.t. but the- Baker/ But there was no consensus on the specific expansion? The size of location? Just the idea that- I just want to make sure that somebody is not reading the council saying we really are committed to 30,000 square feet. Nov/ No. Baker/ Some expansion is necessary the council agrees. Norton/ No specifics. Nov/ No specifics. It was basically the library does need more space. Kubby/ Five years of planning and still no specifics from the council. Baker/ Because that leads to my second question which is how-Is there a sense now that we have a different working relationship with the library board? In particular, most of my individual comments and concerns have been expressed strictly on a financial basis- Thornberry/ Question-...state highway... (Kubby/.o.library recap...) CHANGE TAPE TO REEL 96-86 SIDE 1 Baker/ And I kept saying over and over again in my comments written and verbal that I thought our primary obligation or relationship was financial. Now we can define that in different ways. But basically it is not a distinction I make is operational. What you se~m to be saying is the council and This represents only a reasonably accuratetranscription ofthelowa City council meeting afJuly 16, 1996. F071696 #16 page 12 library board last night are getting closer and closer working together on not just money but vision for the library- Vanderhoef/ The whole concept. Baker/ The whole concept and more than just how much it cost but services. I mean, is this where we are going. I don't know. Kubby/ I don't know if it goes that far. I think it is in terms of how to expand the library and maybe broadening our vision about where that will happen. Lehman/ Larry, we are not going to find out until we have the meeting. Baker/ I just want to know how to prepare for the meeting because if we are going beyond just somebody talking about well, X number of dollars and that is our role as a council or going beyond X number of dollars for what. Then I need to rethink a lot of things because I have other concerns besides money. About library operations division and where it is going. Nov/ There was a stack of paper last night which you have received which none of us have thoroughly digested. So work on that. Kubby/ I think the answer is unknown. Norton/ It is hard to read your mind, Larry, about what this other thing is because I don't want to talk just expansion. I thought it was a matter of expansion and or relocation of the library, integration of library plans whatever shape they ultimately take into larger conceptions about d.t. which might include Linn Street, might include 64-1A. So I think where we are- It doesn't get into the conceptual thing you are implying about a meta-library or whatever it is. Baker/ When you say it is hard to read my mind. I haven't formulated that side of the discussion yet. I have focused entirely on financial consequences and financial obligation. Norton/ Well we were not talking about the nature of their service and that kind of thing. Baker/ All right because if we want to talk and give direction to- Give our view of library and library service, I have very specific concerns that I don't think right now necessarily agree with some of the assumptions that the current library is Thisrepresents only areasonablyaccuratetranscription ofthelowa City council meeting of July16, 1996. F071695 #16 page 13 making. And I don't know how appropriate it is to start talking in those terms. Thornberry/ We are back to ground zero with eliminating some of the preconceived limitations that the library was under originally whether it be moving to another location and I don't think that a lot of the people in Iowa City even knew that there was a lot of unfinished and unused space in the current library. Nov/ There isn't. Lehman/ 8,000 square feet. Nov/ There is 8,000 square feet of buildable space, not unused space. There is a potential to add that. Thornberry/ That in the near term we sort of said well, we need to fix the roof because we don't want a building to deteriorate because of a bad roof. We want to have carpet that is not thread bare. We want to give the service that the people of Iowa City have become accustom to and use to and so dearly deserve. In the meantime we can be looking at other options giving this meeting that we are proposing with a facilitator so that we are not here, there, and scattered. Maybe Steve or something. At least a facilitator. Probably Steve. To put things on the board without any constraints and to see if we can come closer together knowing that it was not going to be on-board for this fall. Kubby/ My reflection of the meeting is that we would not be getting into the operational parts. But looking at where physical space would be and what the total amount would be. Although still to this date there have been only two council members who have been really specific, not just about saying this is too much but saying what would be an acceptable amount for the expansion of library space. Baker/ I think I might disagree with that characterization that only two members. Kubby/ Well, Dee Norton and I last night did and I have never heard a number from you even though it has been asked. I mean maybe you have said- Baker/ I gave you a memo about the number which is zero. Kubby/ Zero for library expansion? Are you serious? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #16 page 14 Baker/ Did you read the memo? Kubby/ I did but I didn't get that. I guess I need to go back and read it. Baker/ If you operate under all the assumptions you have before about how you use personnel, what services you provide- Kubby/ I am talking capital here, I guess. Baker/ All right. Capital, I have always said that I thought the capital costs might be manageable. That whether it is 12 or 15, that per household cost is not my problem. I have been very clear. Kubby/ I guess you were, my mistake. There are three people but that still is not a majority of people who have been able to even create a range of what would be acceptable which is I think still with this new direction or this expanded direction, it is still hard to figure it out and I hope that through this meeting we can get closer. Lehman/ Karen, I think it is impossible to make any kind of a assumption as to what the cost is going to be when you don't know what you are talking about. The plan they had we said no to. We said to it for maybe a variety of reasons. But now we are back to square one and we are looking at other possibilities. I think it depends- If we do like Dee and I are talking about, a multi-use building, the cost of that obviously is considerably different than just redoing the present library. Kubby/ I said at the beginning that I understand that with this new idea that it may be hard to answer that question. But before, and I just hope that that same pattern of how we deal with this issue changes. Thornberry/ I think by putting the cart before the horse when you say all right, this is the amount of money we want to spend, what can we get for this amount of money. I think we need to look at the services that we want to give and then see how much that is going to cost and you know- Baker/ The question about what the discussion is going to be about. Thornberry/ I think this is a discussion for another day. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #16 page 15 Norton/ Let me suggest that we need to have our own session and talk about library before we get together with them. Nov/ No. Norton/ Look at it. Larry is bringing up this whole new thing about meta-library. How are we ever going to get there. Baker/ I haven't brought anything up yet. Norton/ No, but you have implied or alluded to some new vision. Nov/ Well, he will bring his new vision- He will bring his new vision to that meeting. That will be the meeting in which we will discuss the library. Kubby/ Basically Larry is saying, are we going to expand our discussion away from just space and location and money to operations. I believe the answer is no. And if all of us say that, then Larry can stop thinking about that. Council (All talking). Baker/ That is what I asked. Operation- Norton/ I hate to say no to something that I haven't heard. Nov/ No, we are not getting into library operations. This is defined as a library board function. It is state code. We are not going to operate the library. Norton/ How are we going to quiet Larry then? Baker/ That is why I asked if you were shifting- Nov/ We are going to talk about space and money. Norton/ Good. I would be happy to focus on those things. Thornberry/ We are expanding the concept is what I am talking about last night. Nov/ Yes. Baker/ The service vision of the library. That is not operational, it is something else. I will talk to you. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 16, 1996. F071696 #16 page 16 Nov/ Okay. Baker/ I will do what we ought to do more of. I will talk to you privately. Norton/ Be my guest. Nov/ Okay. Kubby/ We are committed to short term stuff. We are committed to some expansion of library services and we are going to talk hopefully in September. That was our goal. We put a time frame to get our schedules together so we could meet in September to talk about this larger concept of the three things. The ped mall, the library, and CenterSpace and multi-use on 64-1A. Right. Okay. ! want to be sure. Sometimes things aren't clear and somebody said before the meeting that different people on the council had different ideas of what the end product was last night. And I think it is really important to clarify. Thanks again at the end of the meeting for allowing this discussion about the library to take place. Thank you. That is all I have. Norton/ First, before I forget this, I want to express to my colleagues and staff. There is some concern about what seems to me a decline in the quality and liveliness of the Farmer's Market. I don't know what to do about it and I don't know how to get at it. But it strikes me that it has loss some of its - Lehman/ Could some of it have been the weather this past- Norton/ I don't know whether it is weather, whether it is the produce but I hear kind of weird stories, whether it is inspection, Dean, I don't know. You know somebody trying to sell bread with cheese in it, that is out and- I don't know. I think we need- Somebody needs to worry about it. I will try to get some more specifics. You know, I just think it ought to be a little more lively and it isn't very- Anybody go take a look. Kubby/ Like someone once had wanted to sell egg foo there and that wasn't allowed. Norton/ Or somebody wanted to sell bratwurst or something or maybe we ought to have some music. I don't know. Somebody needs to worry about it a little bit. I will. Tillsrepresents only areasonablyaccuratetranscrlption ofthelowa City council meetingofJuly 16,1996. F071696 #16 page 17 Council/ (All talking). Norton/ I am worried about the trucks and trailers I see on North Dodge. I know they may be legal or whatever but it sure is a weird entrance to town to see all the trucks and trailers. Have you driven on North Dodge lately? Lehman/ Home Town? Norton/ I mean, it is like storage. There was some buildings taken down or something. So they are not very visible and I didn't know whether there is anything that can be done or- I am not saying anything is being done illegally but I keep worrying about is there anyway that that can get screened. It is not a very happy circumstances. Kubby/ Maybe Dean, since he is in the neighborhood, could talk to the dairy about voluntarily doing the screening. Thornberry/ Let me worry about that one. Vanderhoef/ Does that mean you are volunteering? Norton/ Just look at it and you will conclude. It is a bit of an eyesore with all due respect to the dairy. Nov/ We are having designated worriers. Norton/ And I am still- Some people are worrying me about traffic calming on Teg Drive and presumably elsewhere. But they are kind of hung up as to where their speed humps went. Vanderhoef/ Is that something back from the engineers? Norton/ Well, I don't know. They are worried about asking for 80% consent or something. Vanderhoef/ Make sure Dee hears that so he is not going to worry about that one. Norton/ I do worry about it. And I am also worried about the CIP thinking. we haven't done that yet. I want to prepare properly. Thornberry/ How do you sleep at night, Dee? Norton/ I don't. I mean it is hard. Thlsrepresents only a reasonably accurate transcription ofthalowa City council meeting of July 16,1996. F071696 ~16 page 18 Lehman/ (Can't hear). Norton/ All right. Kubby/ But you know, when we talk about the prioritization of the CIP. To me, that is a really different issue than goal setting. It might be part. It seems to me general goal setting. Then you prioritize the CIP based on the goal setting and from that comes a budget. Atkins/ Capital projects should be a reflection of your goals. Norton/ Absolutely. Nov/ So are we getting to goal setting? Not tonight. Arkins/ Tell me when. Nov/ We said at one point May and it got postponed to September and- Kubby/ So we need two september dates. One with the library and one with ourselves. Norton/ We should do ourselves before we got to the library really because- Kubby/ Ride on. Vanderhoef/ Of those dates that you have, Marian, why don't we take one of those and- Karr/ We have four dates that I am going to talk to each council member and see what dates are going to work and we will see how many dates there are there. Nov/ See if we can get seven people on two dates and then do it. Atkins/ And you want a facilitator. Karr/ We need a schedule. Thornberry/ Yes, we need a facilitator. Atkins/ That is another dimension to it. Norton/ Of goal setting? Thisrepresents only a reasonably accurate transcription of the Iowa City council meeting of July 16,1996. F071696 #16 page 19 Atkins/ Yeah. Nov/ We truly need a facilitator? Atkins/ That is what you told me. Norton/ We can't stagger along any further without worrying about that, getting it organized. Thornberry/ A facilitator would cut our time about more than half. Nov/ Maybe. Norton/ Don't be too hopeful, Dean. I will bring up something else. Nov/ One large meeting. Thornberry/ I am not going to worry about that one, Dee. Nov/ Okay. We have done everybody. My turn. Dee Norton, Karen Kubby and I met with some Pakistani visitors on the 4th of July after the parade in Coralville and I have to say the biggest impression we made on them is the amount of volunteer activities in Iowa City. They were absolutely shocked every time we said we were volunteers and we had oodles of people who volunteer for city commissions. This was completely unheard of to them. So I think we have made an impression in that respect and I am always happy to know that people who come to visit us from other countries have taken home an idea or two. So, we did it. Kubby/ On Independence Day, no less. Nov/ On Independence Day, right. Vanderhoef/ Thank you for doing that for us. Norton/ That is right. Nov/ And today I met with the University community and their evaluators on a site visit for the possibility of a grant from Robert Wood Johnson Foundation to improve students on community behavior in terms of binge drinking and too much alcohol consumption and things like that. We won't know until the first of August whether or not this grant will be improved by the foundation. But I want everybody to know that this is a possibility that we can think about and we should have some This represents only a reasonably accurate transcription of the Iowa City council meeting of July 'l 6, 1996. F071696 #16 page 20 good results based on what I have read in the grant proposal and what I have heard today. Thornberry/ What is it? You need volunteers to watch for binge drinking or? Nov/ No, it will be an educational program to educate the students who may be doing this kind of thing and the community who may be helping it. It may be what are we going to do about the cheap pitchers. What are we going to do about the fact that the student who orders a coca cola is charged more than the student who orders a beer. Thornberry/ Didn't they have one of these at the Memorial Union last year? Or last fall or something? Nov/ Yes, you were there last January. That was the beginning of the discussion. Thornberry/ I think the people who were there were not- You know, you were like preaching to the choir and I don't know how the University intends on reaching the people who abuse the alcohol. There is an organization of bars owners that should probably be involved. Nov/ We expect to involve them. We also would have to involve the city police and various styles of enforcement, involve the University community in educating, the University health services involved in this, MECCA, you know. It will be a very widespread involvement and it will be a four year program. Vanderhoef/ And this is just alcohol? Nov/ That is the way it was written. Vanderhoef/ No tobacco or- Okay. Nov/ That is the way it was written. Okay. Thisrepresents only a reasonably accurate transcription ofthelowa City cound] meeting of July 16, 1996. F071696 CITY OF lOW.4 CITY C:Jty Council Work Session Agendas and Meeting Schedule I July 15, 1996 6:30 p.m. Special City Council Work Session - Council Chambers Times Are Approximate 6:30 p.m. 7:00 p.m. 8:00 p.m. 8:45 p.m. 9:15 p.m. 9:45 p.m. 10:00 p.m. 10:15 p.m. Monday Library Expansion Review Zoning Matters Economic Development Ad Hoc Committee Recommendation: Opportunity List and Financial Eligibility Assistance Guidelines Design Review Overlay Ordinance Elks Golf Course: Golf Hole Relocation On-Street Bike Routes Council Agenda, Council Time Consider One Appointment to the Design Review Committee J July 16, 1996 7:00 p.m. Regular City Council Meeting - Council Chambers Tuesday IAugust 5,1996 7:00 p.m. SpecialCity CouncilW0rk Session-CouncilChambers Monday J JAugust 6,1996 7:00 p.m. Special City Council Meeting - Council Chambers Tuesday 26, 1996 7:00 p.m. City Council Work Session - Council Chambers Monday IAugust 27, 1996 7:00 p.m. Regular City Council Meeting - Council Chambers Tuesday_J I S__eptember 9, 1996 7:00 p.m. City Council Work Session - Council Chambers Monday I September 10, 1996 7:00 p.m. Regular City Council Meeting - Council Chambers Tuesday