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HomeMy WebLinkAbout1996-08-27 Agenda.~nge as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. AGENDA CITY 01;10P/.4 CITY CITY COUNCIL MEETING August 27, 1996 7:00 p.m. Civic Center ITEM NO. I CALL TO ORDER. ROLL CALL. ITEM NO. 2 ITEM NO, 3 SPECIAL PRESENTATIONS, a. Friends of the Iowa River Scenic Trail (FIRST). CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of official Council Actions of the special meetings of August 6, 1996, and August 12, 1996, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Iowa City Historic Preservation Commission - May 28, 1996. (2) Parks and Recreation Commission - July 10, 1996. (3) Iowa City Airport Commission - July 18, 1996. (4) Iowa City Public Library Board of Trustees - July 25, 1996. (5) Iowa City Civil Service Commission - July 25, 1996. (a) Consider the recommendation of the Civil Service Commission to approve the reserve list for Police Officer. (6) Design Review Special Committee - August 12, 1996. (a) Consider the recommendation of the Design Review Committee to retain the original working of Subsection D, Application for Design Review, 2b-(2)(a) of the Design Review Overlay Zone Ordinance. #2a page i ITEM NO.2 SPECIAL PRESENTATIONS. a. Friends of the Iowa River Scenic Trail (FIRST). Nov/ We have the Friends of the Iowa River Scenic Trails. Dave Tolliver/ Good evening. Nov/ We need you to stake your name, sign in and all of that. Tolliver/ You would like me to sign? Nov/ Please. Tolliver/ I am the secretary for the Friends of the Iowa River Scenic Trail and our mission, as many of you I am sure already know, is to foster the development of a continuous multi-use trail about 13 miles in length from the reservoir at Coralville, along the Iowa River, south to Napoleon Park south of Iowa City with additional link in trails in Iowa City, Coralville, and North Liberty. And within Iowa City what we hope to create is an emerald necklace of trails in parks and schools. And my reason for asking you time this evening is so that I can thank you for your support in a recent project that we have just completed. Not too many months ago you contributed a substantial amount of seed money for a map of our local area and I am pleased to report that the map is not only complete but we are quite proud of it and I would like to present a copy to the council and I have individual copies of the map, either folded or suitable for framing for any of the councilors. We think it is one of the best maps publicly available in our area. It is done in four colors. It includes all of the projected trails and the existing trails that we have. All the schools and parks, all the new subdivisions. We think it is more current than any map that is currently available. And for the first time, we have an inset of Hickory Hill Park which is a wonderful use area. We think it deserves special mention. Also we have got North Liberty and the Sugar Bottom Trail area. So, I don't know what the best way or who I could present this to. But I would like to, on behalf of the Friends of the Iowa River Scenic Trail, give you a copy of each side depending on where you might like to place it. Nov/ I think we should definitely hang it. Thank you very much. Tolliver/ Thank you. Would each of you like a copy? Vanderhoef/ Yes, please. Thank you, David. Thlsrepfesent$o~ly a reaso~abiyaccuratetra~scrlptlo~ofthelowa City coun~lmeeting of August 27,1996. F082796 #2a page Thornberry/ This is real nice. The most recent map I have got shows the bus routes. Tolliver/ The purpose of the map is not only to enhance the awareness of thequality of life that is available in our area but also to raise funds for our non-profit organization to support our activities in the future. And we have already covered the cost of production so that all of the maps that I am passing out tonight are ones that hopefully will help to generate funds for us in the future. All the advertisers who are listed on the back of the map already have copies along with book stores, gas stations, convenience stores, the Chamber of Commerce, some realtors. So we hope in the next couple of years, that when people come to town and they want to check the area out, that this will be one of the means by which they can find out what a wonderful place this is to live and I thank you again for all of the support that you have given us. Nov/ I assu~e you are going to have maps at the CVB office. Tolliver/ ¥eah, we want to do that. Thank you, again. Norton/ Thank you. Casey Cook/ We are try~Dg to combine all of this in one presentation. I am the president of the Friends of the Iowa River Scenic Trail and one of our goals this year is to enroll the business community in the process of trail building. We feel that trails are good business. They bring federal funds into our area that we wouldn't otherwise have. They provide an amenity for subdivisions that sell lots without using up buildable or taxable area and they provide safe corridors for children and reduce traffic congestion. By doing that they address the kinds of concerns that the neighbors have who oppose growth. We have good support his year from the business community and from the Chamber of Commerce. Southgate Development, in particular, has been very supportive and I am here tonight to introduce Harry Wolf of Soutgate Development who will be presenting a deed for land along the Iowa River at Sturgis Drive. This is geographically the last link in the trail system that goes from the community park down to Hwy 6 and the Friends of the Iowa River Scenic Trail are very appreciative of Southgate's help and cooperation. Harry Wolf/ Thank you, Casey. Vice president of Southgate and for quite some time, Southgate has been very supportive of the Thlsre~'ese~tso~[y ateaso~yaccurate tra~scrlp~onofthelowa City council mee~ng of August 27, 1996. F082796 #2a page 3 efforts of FIRST. I was a charter member of the FIRST board of directors. We currently have other staff members on that board and not only with voluntary help but also financially we have been a contributor and we are happy at this time to present to the city a deed for approximately 3/4 acres along the Iowa River just north of Hwy 6 which will provide a strip of land that will provide room for the trail to continue to that point south. Southgate is very supportive of the concept of linking parks together with trails. We will make every effort in the future to help in that endeavor also. So, with that, we will present you with this deed this evening. Nov/ Thank you. Vanderhoef/ Thank you. Woito/ I have the original. Nov/ You have the original, okay. So we will just put this into the council agenda packet that this is something that we have received tonight. Okay. Are we finished? Okay. Good job. This represents o~ly a reaso~a,biy accurate trmscrtptlo~ of the Iowa City council meeting of August 27, 1996. F082796 August 27, 1996 City of iowa City Page 2 ~b- Zs~ (b) Consider the recommendation that the membership section of the Committee's by-laws state that: The Design Review Committee shall consist of seven 17) members, of which two (2) shall be licensed architects; two (2) shall be design professionals or involved in the building trades; two (2) shall be business or property owners from the area subject to the Design Review Overlay Zone Ordinance; and one {1) shall be an at-large member of the community. c. Setting Public Hearings. (1) CONSIDER A RESOLUTION OF INTENT TO CONVEY ± FIFTEEN (15) ACRES OF LAND AND LEASE + SEVEN (7) ACRES OF LAND ADJACENT TO THE ELKS GOLF AND COUNTRY CLUB'S SOUTHWEST PROPERTY LINE AND SOUTH OF FOSTER ROAD WITHIN AN AREA COMMONLY KNOWN AS THE "PENINSULA" TO THE ELKS GOLF AND COUNTRY CLUB AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 1996. Comment: As a result of the extension Foster Road and the development of the new Water Treatment Plant, the Elks Club will lose two golf holes. This Resolution declares the City's intent to convey and lease property directly adjacent to the Elks southwest property line and south of Foster Road to the Elks for two new golf holes and sets a public headng on the proposed conveyance and lease for September 10, 1996, as required by state law. As part of a Letter of Understanding between the City and the Elks, the City agrees to sell +15.12 acres from the upper portion of this land to the Elks at $15,000 per acre, which is the amount the City paid for this land, and to lease ± 7.13 acres from the lower portion of land for $1.00 per year for 99 years, with a renewal for an additional 50 years. The conveyance and lease of this land is subject to the other agreements contained in the Letter of Understanding dated August 19, 1996 between the City and the Elks. A land boundary survey plat detailing the exact boundaries of the land to be conveyed and leased will be prepared pdor to the conveyance and lease of this land. d. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a motion approving a Class E Beer Permit for Nash-Finch Co., dba Econofoods f¢473, 1987 Broadway St. (Renewal) (2) Consider a motion approving a Class E Beer Permit for New Pioneer Cooperative Society dba New Pioneer Cooperative Society, 22 S. Van Buren St. (Renewal) (3) Consider a motion approving a Class C Liquor License for Fresh Express, Ltd., dba Seasoh's Best, 325 E. Washington St. (Renewal) (4) Consider a motion approving an Outdoor Service Area for Fresh Express, Ltd., dba Season's Best, 325 E. Washington St. (Renewal) (5) Consider a motion approving a Class C Beer Perm=' for FAP Enterprises, Inc., dba Gasby's, 1310 S. Gilbert St. (Ren~wa0 August 27, ~996 eo City of Iowa City Page (6) Consider a motion revoking the approval of a Class C Beer Permit for Jay D. Patel dba A & J Mini Mart, 2153 ACT Circle. (The applicant has resubmitted the application as a corporation.) 17) Consider a motion approving a Class C Beer Permit for A & J Mini Mart, Inc., dba A & J Mini Mart, 2153 ACT Circle. (New) (8) Consider a motion approving a transfer of a Class E Liquor License for Hy-Vee Food Stores, Inc., dba Hy-Vee #1,501 Hollywood Blvd., to 1720 Waterfront Dr. (9) Consider a motion approving a transfer of a Class E Beer License for Hy-Vee Food Stores, Inc., dba Hy-Vee #1, 501 Hollywood Blvd., to 1720 Waterfront Dr. (10) Consider a motion to refund an unused portion of a Class C Liquor License for Baxter, Inc., dba The Breakroom, 1578 First Ave. (11) Consider a motion approving a Class C Beer Permit for Doc's Standard, Inc. dba Doc's Standard Inc., 801 S. Riverside Dr. (Renewal) (12) Consider a motion approving a Class C Liquor License for Highlander Inc., dba Highlander Inn Restaurant & Convention Center, 2525 N. Dodge St. (Renewal) (13) Consider a motion approving a Class C Beer Permit for R S N V Inc., dba Russ' Amoco, 305 N. Gilbert St. (Renewal) (14) Consider a motion approving a Class C Liquor License for Diamond Dave's Taco Company, Inc. dba Diamond Dave's Taco Company, 201 S. Clinton St. (Renewal) I15) Consider a motion approving a Special Class C Liquor License for Masala Inc., dba Masala, 9 S. Dubuque St. (Renewal) 11 6) Consider a resolution to issue a dancing permit. (1 7) Consider a resolution to refund a cigarette permit. (1 8) Consider '-';---- a m ......to issue a cigarette permit. Motions. (1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $9,592,133.69 FOR THE PERIOD OF JULY 1 THROUGH JULY 31, 1996, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. Au!~ust 27, 1996 f. Zso City of Iowa City Page 4 Resolutions. (1) CONSIDER A RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 1996. Comment; The Iowa Department of Transportation requires all municipalities to submit these reports annually on or before September 30. (2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE LONGFELLOW AREA SANITARY SEWER REHABILITATION PROJECT. Comment: See Engineer's Report. (3) CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR USE OF PUBLIC PROPERTY AT 320 E. COLLEGE STREET FOR THE PLACEMENT OF A WHEELCHAIR-ACCESSIBLE RAMP ON THE COLLEGE STREET RIGHT-OF-WAY. Comment: Trinity Episcopal Church requests temporary use of public right-of-way at 320 E. College Street for the purpose of making the business accessible to persons with disabilities by maintaining a wheelchair-accessible ramp at the College Street entrance to the building. (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A LOW INTEREST PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 823 THIRD AVENUE, IOWA CITY, IOWA. (51 Comment: The owner of the property located at 823 Third Avenue, received a $5,320 loan through the City's Housing Rehabilitation Program on September 30, 1992. The financing was in the form of a Rehabilitation Agreement, a Low Interest Promissory Note and a Mortgage. The owner paid the note in full on August 5, 1996; thus, the lien can now be released. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR PROPERTY LOCATED AT 415 FIRST AVENUE, IOWA CITY, IOWA, Comment: The owner of the property located at 415 First Avenue received a $3,000 downpayment assistance loan through the City's Housing Rehabilitation Program on March 15, 1994. The financing was in the form of a Promissory Note and a Mortgage. The note was paid off on August 16, 1996; thus, the lien can now be released. #15 page i ITEM NO.15 CITY COUNCIL INFORMATION. Nov/ City Council Information. Mr. Norton, would you like to start? Norton/ Yes, I have two. One, we had a request or a letter in the packet somewhere from Doug Russell requesting council permission for the HP Co~mission to go before the Board of Supervisors to talk and request tax abatement on the increases in property that might be accomplished with historic preservation and I didn't know whether we needed to act on it or not. I just know I didn't want to over look it. Vanderhoef/ I personally have no problem with them going in and talking to the Board of Supervisors about this. Nov/ I don't think any of us would. Do we need a formal letter? Atkins/ You had them on your Consent Calendar. Norton/ We did, okay. We accepted the letter, you mean. Arkins/ I am making the assumption that unless either pulled it or spoke out that you are giving approval. If you would like a note sent to them or- Nov/ Do we need to send a note on that, Marian? Karr/ We can Just follow up with a phone call. Arkins/ Call Doug and let him know. Karr/ Just a phone call might be appropriate, too. As long as we have accepted a letter and there is no objection. Nov/ Yeah, we have accepted a letter and there is no controversy that I know of. Norton/ I would like to be clear about that in principle that when we accept the Consent Calendar, do I agree with every sentence in the minutes that we thereby accept and correspondence that we thereby receive. I would think that anything that needs action would need to be pulled out and acted on. That is I am suggesting that we consider this separately. I don't know. What is the general principle? Atkins/ I think what you just said makes sense is that there was a specific request for specific approval and you are right, the This reWese. ts o~ly a raaso~a~¥ accurate trmscdptto~ of the Iowa City council meeting of August 27, 1996. F082796 August 27, 1996 City of iowa City Page (6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT 803 EAST CHURCH STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 803 East Church Street received a $7,294 loan through the City's Housing Rehabilitation Program on July 22, 1994. The financing was in the form a Mortgage. The note was paid off on February 28, 1996; thus, the lien can now be released. g. Correspondence. (1) Douglas Russell, Chair Historic Preservation Commission, regarding State of Iowa's Historic Rehabilitation Tax Exemption (2) Therese Erpelding regarding SEATS fare. (3) Cyndi Koehler regarding traffic light at Rohret Road and Mormon Trek Blvd. (4) Richard S. Rhodes II regarding archaeological survey. (5) Ron Vogel regarding fraternity noise. {6) Traffic Engineer regarding (a) Stop Sign Installation on Walnut Street at Lucas Street (b) Stop Sign Installation on Court Street at Its Intersection with Seventh Avenue (c) A Loading Zone Installation in Front of 721 North Linn Street (7) Civil Service Commission submitting certified lists of applicants for the following positions: (a) Housing Inspector (b) Kennel Assistant (c) Police Officer h. Applications for Use of C~ty Streets ana Publ~ G~ounas, (1) Susan Rew, Russell Drive Neighborhood Picnic - August 17, 1996. (approved) {2) Ed Pennington, Ealing Drive Annual Labor Day Block Party - September 2, 1996. {approved) _ (3) Earl Rogers, VFW Poppies Donation Days September 6 & 7, 1996. (approved) August 27, 1996 City of Iowa City Page 6 (4) Jessica Ketelsen, The University of Iowa Homecoming Parade - October 4, 1996. (approved) (5) Peg Fraser, 20th Annual Parsons Technology Hospice Road Races October 13, 1996. (approved) i. Applications for Use of City Plaza. (1) Grace Trifaro, distribute literature regarding pet overpopulation - August 9 and 17, 1996. {approved) (2) Lisa Barnes (DTA), Abilities Awareness Day - August 24, 1996. (approved) (3) Jonathan Kissam, distribute literature - August 27 and 29, 1996. (approved) (4) Jacqueline Gharib, distribute literature and sell handcrafted items for WINDS Education Campaign - various dates throughout summer and fall. (approved) (5) Grace Trifaro, distribute literature regarding Citizens for Animal Rights and the Environment - various dates throughout summer and fall. (approved) (6) Peter George Laglos, musical performance various dates throughout summer and fall. (denied) ~,~.~,~,~'~- END OF CONSENT CALENDAR. ITEM NO. 4 PUBLIC DISCUSSION {ITEMS NOT ON THE AGENDA). #3 page 1 ITEM N0.3 CONBID~RADOPTZON OF THE CONSENT CALENDARA8 PRESENTED OR AMENDED. c. CONSIDER A RESOLUTION OF INTENT TO CONVEY FIFTEEN ACRES (15) OF LAND AND LEASE SEVEN (7) ACRES OF LAND ADJACENT TO THE ELKS GOLF AND COUNTRY CLUB'S SOUTHWEST PROPERTY LINE AND SOUTH OF FOSTER ROAD WITHIN AN AREA COMMONLY KNOWN AS THE "PENINSULA" TO THE ELKS GOLF AND COUNTRY CLUB AND SETTING A PUBLIC NEARING FOR SEPTEMBER 10, 1996. Nov/ Moved by Thornberry, seconded by Norton. Okay. And the council said we would like to amend this. Lehman/ Yeah, I think we need to amend this by deleting c(1). Nov/ Okay, we will vote on that separately. Do we have a second to that motion~ Moved by Lehman, seconded by Vanderhoef and can we do that without a- Karr/ We can go back. Why don't you take care of the Consent Calendar, the original motion. Nov/ The original motion first. Roll call- Karr/ You can adopt the Consent Calendar minus the- Norton/ Don't you want to delete that before you- Woito/ As amended. Nov/ The Consent Calendar as amended with the removal of item c(1). (Roll call-yes). Item c(1) which is no longer on the Consent Calendar is to consider a resolution (reads agenda). And there is a letter of understanding later on in the agenda. We are going to defer that to September 10 also. Lehman/ Do we need to pass a resolution setting a p.h.? Woito/ Yes, you do. Lehman/ We delete only the words "of intent". Woito/ You need the intent under state law. The resolution of intent and setting a p.h. is required at one meeting and the This relxasmts o~ly a reasonably accurate transcription of the Iowa City council meeting of August 27, 1996. F082796 #3 page 2 next meeting you have the p.h. and decide whether you want to convey or not. Norton/ so we shouldn't have deleted? Nov/ No. We are setting this hearing. Baker/ The language of the resolution of intent does not mean that we have agreed to it. Is that right? Nov/ Correct. This resolution sets the p.h. and we have decided to move it out of the Consent Calendar and to list is separately because it is not a routine item. Woito/ And those are terms of art under the State Statute. If you do not intend to consider conveying, then perhaps you should not vote on this. But I assume that you want to at least consider it in some fashion. Nov/ Okay. Lehman/ Do you need a motion? Nov/ We just did it. We moved it and now we are going to vote on it. Right? Roll call- (yes). This has been approved. All of the Consent Calendar has been approved. Thlsrepr~entscmly are~onablyaccu;atetrmscrlp~onof ~alowa CIW councllmee~ngofAugust27,1996. F082796 #4 page 1 ITEM NO.4 PUBLIC DISCUSSION (ITEMS NOT ON THE A~END/%). Nov/ Now we are on Public Discussion. This is for anyone in the public who would like to talk about something that is not on today's agenda. Please come forward, sign your name, limit your comments to five minutes. Richard Rhodes/ I live at 2014 Rochester Avenue here in Iowa City and I would like to direct your attention to a letter that I wrote to council on the 21st of August. It relates to a matter that you discussed at your last city council meeting in some detail. And I will read a few excerpts from this letter if you will indulge me because I would like to get it exactly right. At the last city council meeting there was a discussion about paying the bill from Louis Berger and Associates. This bill was in part for the archeological survey of the area in Napoleon Park which was being disturbed by construction of a new trunk sewer connecting the Iowa City's North and South Sewer Plants. Several city councilors either explicitly stated or implied by their comments during this discussion that nothing of significance was found by this archeological survey. Because you had not been provided with complete information, these statements are in error and I believe it is important to correct the public record about his matter. Dr. William Green, State Archeologist of Iowa, in a letter published in the Iowa City Press Citizen on the 7th of May of this year, noted that remains of a 2000 year old dwelling and associated features were found in the trunk sewer trench in Napoleon Park during this archeological survey. He further states that this is the first prehistoric structure ever found in the entire Iowa River valley and a highly significant archeological find. On the 9th of August I talked to Dr. Green on the telephone and verified this information. He characterized this find as a spectacular one, where large amounts of prehistoric cultural materials had been found. AS is customary when cultural resources are discovered during excavation during construction activity these materials were carefully excavated to preserve the information for posterity and the project was allowed to proceed. Furthermore, I do not believe that the cost of any archeological survey is wasted even if nothing is found. In those cases, we confidently can proceed knowing that our community construction projects will not be destroying irreplaceable artifacts and information about our prehistoric heritage. Indeed, the very best case for the City of Iowa City always will be when a survey discovers no significant archeological sites. The city then is not obligated to either redesign the construction project or to This represents only a reaso~aidy accurate tra~scrtptlon of the Iowa City council meeting of August 27, 1996. F082796 #4 page 2 expend additional funds to preserve the cultural resources by salvage excavation as it was in the case of Napoleon Park event. Thank you very much for allowing me to correct the public record. Now/ Thank you. Is there anyone else who would like to speak to the council? Okay. Thlsrapresefitso~ly areasofiddyaccuratetra~s~lpfiofiofthalowa CIH coun~ meeting of August 27,1996. F082796 .August 27, 1996 City of Iowa City ITEM NO. 5 PLANNING AND ZONING MATTERS. Page 7 Consider a motion setting a public hearing for September 10 on an ordinance vacating St. John's Alley, located between St. Clement's Street and St. Mattbias' Alley, a, pd St. Matthias' Alley, north of North Dodge Street. (VAC94-0004, Comment: At its May 16~'meeting/~,,~'~PI;nning and Zoning Commission, by a vote of 6-0, recommended approval of the proposed vacation, subject to the retention of utility easements. The Commission recommended the alleys not be disposed of until an agreement is reached between the City and Roberts Hometown Dairies regarding the improvements to Dodge Street and the value of the alleys. Staff recommended approval in a report dated May 16. Act,on: Public hearing on an ordinance vacating a portion of Lee Street, an undeveloped dght-~)f-way located between River Street and Otto Street. (VAC96'0001) ~/',~z,~ Comment: At'its June 6 meeting, the Planning and Zoning Commission, by a vote of 5-0, recommended approval of the vacation, subject to the retention of easements for a storm sewer and public utilities. Staff recommended approval in a report dated June 6, Action: ..~,~.~' ~.~ Public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article H, entitled "Industrial Zones," Section 1, entitled "General Industrial Zone (I-1)" to add a special exception to allow limited retail sales in the I-1 zone. Comment: At its July 18 meeting, the Planning and Zoning Commission, by a vote of 6-1 with Scott voting in the negative, recommended approval of the proposed ordinance. The Commission's recommendation is generally consistent with the staff recommendation contained in the July 11 staff memorandum. page i ITEM NO. 5b. Public hearing on an ordinance vacating a portion of Lee Street, an undeveloped right-of-way located between River Street and Otto Street. (VAC96-0001) Nov/ P.h. is now open. Anyone who would like to talk about this topic come forward, sign your name. Joel Barkan/ I live at 833 River Street, adjacent to the area that for which the vacation is being requested. I filed the application. I have nothing more to add that was in the application which I presume you have read and the staff report. But I would be happy to answer any questions that you might care to pose to me. Nov/ We asked yesterday about easements and where they are located. The staff is still looking into it. It was a question about whether the property would be useable for any purpose. We understand that it may not be. Is that what you have heard? Barkan/ Well, property, as you know, you, Madam Mayor, since you live close by, is a non-buildable street. It is a ravine. I guess you could build a bridge across at $2 million to connect the two portions of Lee Street. The only use for which the area is being used now is as our driveway. It has been used that way since the house was constructed back in 1947 and we have occupied the premises since 1973. For all practical purposes, we are the only users of the land and was actually the City Planning office that suggested that we request the vacation. There is a 50 foot easement there, however, required by the utility companies. There is a long shot prospect of constructing a gas line through there. But other than that it is simply aerial wires which are carried by the current telephone poles. Basically non-buildable through. Nov/ Is there any other questions? All right. We are going to close the p.h. The p.h. is now closed. Thlsrepresentso~iy areaso,ably accurate ~mscr~tlonof ~elowe Cl~ council meeting of August 27,1996. F082796 August 2?. 1996 City of Iowa City Page 8 do 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. 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. Staff recommended denial in a report dated April 18. In a letter dated May 29, 1996, the applicant (Staples, Inc.) requested Council consideration of this item. The public hearing is continued from July 2, July 16, and August 6. Consideration of the ordinance was deferred from July 16 and, at the applicant's request, was deferred to August 27. (REZ96-0010) (1) (2) Public Hearing Consider an Ordinance (First consideration) Consider 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) (Second consideration) Comment: At its June 6 meeting, the Planning and Zoning Commission, by a vote of 5-0, recommended approval of the proposed rezoning. Staff recommended approval in a report dated May 16. August 27, 1996 City of Iowa City Page 9 Consider 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) (Second consideration) 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. Staff recommended approval in a report dated June 6. In a letter dated July 16, the applicant requested expedited consideration of this application. Consider a resolution approving the preliminary plat of Meadow Ridge, Part 2, a 2.2@ acre, 4-lot residential subdivision located at the intersection of Dubuque Street end Meadow Ridge Lane. 1SUB96-0010) Comment: See Item 5f above. If Council chooses to expedite approval of the rezoning, the preliminary plat should also be approved at the August 27 meeting. Action: /,/~~/ / 7~/~-~'-~· Consider an ordinance amending City Code Title 14, Chapter 6, "Zoning," Article H, entitled "Industrial Zones," Section 1, entitled "General Industrial Zone," to allow truck terminal facilities. {Second consideration) Comment: At its June 6 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in a memorandum dated May 31. Action: August 27, 1996 i. q6- --~7'-h/ J. City of Iowa City Page 10 Consider an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas Ordinance." (Second consideration) Comment: At its .June 19 meeting, by a vote of 9-0, the Riverfront and Natural Areas Commission recommended approval of the proposed amendments. The Sensitive Areas Committee recommended approval in a memorandum dated June 14. At its June 20 meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of the proposed amendments. At its August 15 meeting, the Planning and Zoning Commission considered additional amendments proposed by City Council and recommended approval of the amendments by a vote of 6-0 with the exception of the amendment revising the critical slopes section, which was approved by a vote of 5-1, with Scott voting in the negative. Consider 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. (Second consideration) Comment: At its June 20 meeting, by a vote of 6-0, the Planning and Zoning Commission recemmended 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. Action: ~/~ ~.~__~4./~/]/z f-~.~ -~_~z p~/ ~.y ~/ Consider an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 1, entitled "Commercial Office Zone (C0-1)," to allow small-animal clinics in the C0-1 zone by special exception. (Second consideration) 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. Correspondence requesting expedited consideration included in Council packet. Action: '~/~'~'f~'~ /'M,~'/,~c) August 27, 1996 City of Iowa City Page 1 1 Consider an ordinance amending the Zoning Chapter by rezoning the following properties owned by The University of Iowa to P, Public: I E. Park Road (RNC-20), 234 N. Madison Street (RM-44), northwest corner of Dubuque and Church 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. {1-1). (Pass and adopt) 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. Staff recommended approval in a report dated May 16. Action: Consider a resolution approving a final plat of Galway Hills, Part Three, a 21.29 acre, 53-1ot residential subdivision located south of Galway Drive and east of Highway 218, Iowa City, Iowa. (SUB96-0014) Comment: At its June 20 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the final plat of Galway Hills, Part Three, subject to approval of legal papers and construction drawings prior to Council consideration of the plat. Staff recommended approval in a report dated June 20. Construction drawings have been approved. This item was deferred from August 6. Action' ?/~¢4~_.-y~x//~,,~ ~ ~ ..~--~" /~ Consider a resolution approving the final plat of Village Green, Part XIV, a 40.19 acre, one-lot residential subdivision located north of Village Road and east of Oxford Place, Iowa City, Iowa. (SUB96-0016) Comment: At its August 15 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the final plat of Village Green, Part XIV, subject to approval of legal papers and construction drawings prior to Council consideration of the plat. Staff recommended approval in a report dated August 15. Action: #Sm page i ITEMNO. Sm. Consider a resolution approving a final plat of Galway Hills, Part Three, a 21.29 acre, 53-1ot residential subdivision located south of Galway Drive and east of Highway 218, Iowa City, Iowa. (SUB96-0014) Nov/ We need to defer this. Moved by Thornberry, seconded by Lehman, that this be deferred to September 10 and we are deferring this due to the fact that we need some more construction drawings, legal papers and things like that. The paperwork isn't quite complete. So, all in favor of deferral, please say aye- (ayes). Karr/ Could we have a motion to accept correspondence? Nov/ Moved by Vanderhoef, seconded by Norton, that we accept correspondence. All in favor please say aye- (ayes). Okay. Thlsrepf~tsonly areaso~ablyaccuratatr~qscrlptlo~of ~elowa City counctl m~tlng of August 27,1996. F092796 August 27, 1996 City of Iowa City Page 1 2 ITEM NO, 6 SECTION 14, CHAPTER 5, ARTICLE C, OF THE IOWA CITY CODE BY ADOPTING THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES, AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF FEES; AND TO PROVIDE PENALTIES FOR VIOLATIONS. Comment: At its August 5, 1996, meeting, the Board of Appeals unanimously recommend that Council adopt this ordinance which adopts the latest edition of the National Electrical Code, with certain amendments, as Iowa City's Electrical Code. Staff memorandum included in Council packet. PUBLIC DISCUSSION Action: ~,~,~ ~/~/~_~ CONSIDER AN ORDINANCE AMENDING AND CONSIDERATION) ADOPTING (FIRST #6a page 1 ITEM NO. & SECTION 14, CHAPTER 5, /%RTICLE C~ OF THE IOWA CITY CODE BYADOPTING THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, AS THE IOWA CITY ELECTRIC~tL CODE~ REGULATING THE PBACTICE~ MATERIALS ~*ND FIXTURES USED IN THE INSTALLATION, MAINTBNANCE~ EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES, AND APPURTEN~NCES IN CONNECTION WITH VARIOUS BLECTRICAL SYSTEMS; TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONSANDTHE COLLECTION OF FEES; /%I~DTO PROVIDE PE1TALTIBS FOR VIOLATIONS. a. PUBLIC DISCUSSION Nov/ Public discussion is now open. Is there anyone who would like to talk about this? Would staff like to talk about this? Go ahead. Give us a little summary. Give us the highlights. Baker/ Highlights of the Electrical Code. I wanted to make sure what we are asking for. Ron Boose/ I attempted to do that in the memo that was included in your packet. I think I hit the changes involved with the local amendments and I would be glad to answer any questions that you have concerning those changes. Norton/ I want to applaud particularly the one that saves $4,000 a dwelling on using romex cable inside the walls and that is one of these efforts we talked sometime about trying to make sure that our requirements weren't unnecessarily cautious in raising the cost of doing business in Iowa City. One of these at least is very significant affect I would think. Boose/ I think the Board viewed that as a tradeoff with the increased sprinkler requirements that we brought forth with the building code that council passed. They felt that it increased the safety and therefore lowering the standards slightly for the wiring was a valid tradeoff. Thornberry/ I asked before and I will ask again and I have gotten several different answers. This is why, for the record, I would like to understand this and I would like the people to understand this. On a s.f. dwelling with walk-out basement, is the electrical code as amended going to increase, stay the same, or decrease the price of that dwelling if there were no amendments to the National Electrical Code? Boose/ I would say there is one amendment that will slightly increase the cost of that house and that is the requirement that the electrical boxes that are installed for a normal Thlsrepfesentso~lyare~onaidyaccurMetrms~lptloftofthelowa Citycouncil meetingof August27,1996, F082796 #6a page 2 ceiling light. We are proposing they are required to be approved for the installation of a ceiling fan. We found that later on a lot of them get changed out to ceiling fans and they are not in a box, the proof of that is the screw strength is different and talking to electricians, that estimate would cost, depending upon how many ceiling fixtures you had in the house and how many were planned for ceiling fans versus just lights, somewhere between $100 and $200 on that house. Thornberry/ And this is a metal box as opposed to a plastic box, is that correct? Boose/ The ceiling fan box is a metal box but it is different than a regular metal box. It does have a thicker screw, stronger. It is a problem that I think nationally we will see in the National Code the next time it comes around. It has been discussed at the national level quite a bit. Thornberry/ Okay. My next is about a s.f. without a walk-out basement. Were there anything that would increase-? Boose/ No, no difference. Thornberry/ Or a multi-unit apartment building, for example. Will that increase the price on that? Boose/ No, it should reduce the cost of wiring a multi-family dwelling. This ordinance will reduce the cost of wiring a multi-family dwelling. Norton/ Is that largely because of the romex requirement? Boose/ Yes. Norton/ In other words, the permission to use romex inside the walls? Boose/ Yes. Norton/ I notice on other that you added that you really needed a serious outlet for the water softener which is tougher than the National Code? They permit an extension code? Boose/ No, The National Code does not permit an extension cord in any application. I think it is a little less specific. We found a lot of water softeners installed in brand new homes, the electrical didn't drop an outlet there and we come for Thlsrepresen~ofily a rea$o~abiyaccurMetranecrtpfio~ofthelowa Citycouncil meeting of August 27,1996. F082796 #6a page 3 final inspection and there is an extension cord run. At that point they have to call an electrical back and put in an outlet. And it is an additional expense. So by requiring it in the beginning, we see a lot of water softeners go in. It actually should safe money in the long run for the homeowner. Lehman/ I was going to ask you about that. If we in fact require them to re-run another outlet, then we are saving them money? boose/ Yes. Lehman/ The other thing I guess I would ask about there are those of us who are, we think we are handymen. Sometimes we do things that probably should have a permit and we don't know the difference and for some reason because of construction materials in the front yard whatever or some way, the city discovers we are doing something in our home. We come in and I see that the fee for doing it without a permit is equal, you have an investigation fee, equal to the cost of the permit. I don't understand that. Boose/ Well, what that amounts to is doubling the cost of the permit if you proceed without one. Now in the scenario you just outlined, is typically not invoked. If we find a contractor who knows full well he needs a permit and started without one, the fee is doubled. If it is a homeowner who innocently starts without a permit, we typically get them to stop the work, bring in the required documents to get the permit and the fee is typically not doubled unless it is a recurring problem with the same person. Lehman/ I quit doing that by the way. Norton/ I wasn't quite clear exactly what kind of permit I had to have but to do ordinary kinds of wiring, put in an outlet or whatever. Lehman/ But this investigation fee, is that kind of the latitude of the HIS Department. If a homeowner is doing it and like me, doesn't know any better, you inspect it, make sure it is safe for him and you make him pay the permit. If it is a contractor who knows better, then he gets the penalty. Boose/ That is correct. Thornberry/ Is that what these little orange trucks do running around the town is look for building stuff in the front yard Thlsropre~n~only ero~o~ably~ccurete ~an$~lp~o~of ~elowe CiH coun~l meeting of August27,1996. F082796 #6a page 4 in front of Norton's house? Or whatever color they are, I don't know. Nov/ They are closer to gold than orange. Thornberry/ Yellow, gold, green. Depends on how clean they are. Norton/ One last question. What is unlisted wire? Boose/ Wire is generally listed by a testing service. The most dominant one and the most well know is Underwriter Laboratory UL. The utility companies, when they own wire and it is in their utility system, they are not required to use listed wire. City Ordinance takes over where their ownership stops and then the National Electrical Code takes over and listed wire is required, tested by an outside agency to a high standard. Thornberry/ So Dee, it would probably behoove you to buy new wire and opposed to going to the landfill. Norton/ I try to do that. Thornberry/ I know, you are doing your part. Lehman/ Ron, I appreciate your memo because we looked through these sort of things and I know in the past we have passed uniform ordinances that we knew absolutely nothing about and as a result, we have passed things that had we known, we may have objected to and I think this explanation, at least for me, makes it a lot easier and I appreciate your memo. Norton/ Ron, let me ask a question. Given the number of fan accidents of ceiling fans falling. It is amazing that that isn't in the code, the requirement for a serious box. Boose/ It was debated extensively at the last National Code meetings. In didn't quite make it into this code. I am not insinuating that all of those are attributable to having a wrong box. It could be the right box installed improperly. But there are a large number of incidence° I don't know of any locally but that is still quite a large number and I think we will see it in the National Code. Thornberry/ Of course, percentage wise, that is probably very very small, minuscule. Thlsreprasen~o~ly area~onabiyaccuratetmnscrlptlon~ ~elowa CiW council meeting of August 27,1996. F082796 #6a page Norton/ 40,000 is a lot. It is a big number. If it falls on you it is a big number. Thornberry/ Good point. Nov/ There is also a certain popularity factor. Lots of people are buying these fans and putting them into older houses and there is no reason why they should fall. Okay, we will close the public discussion. Is there any other council discussion? Thlsrepreeenteo~ly areasmabiyaccurate transcrlpfio~ofthelowa Clty coun~l meeting of August 27,1996. F092796 #6b page I XT~ NO. 6 SECTION 14, CHAPTER 5, ARTICLE C, OF THE IOWA CITY CODE BY ADOPTINQ THE 1995 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMEh'DHBNT$; AS THE IOWA CITY BLECTRICAL CODE, REGULATING THE P~ACTICB, MATERIALS AND FIXTURES USED IN THE INSTALLATIONt MAINTENANCE; BXTERSION AND ALTERATION OF ALL WIRINQ, FIXTURES, APPLIANCBSt AND APPURTSFANCB8 IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; TO PROVIDE FOR THE ISSUANCB OF P~MITS AND INSPECTION OF ELECTRICAL INSTALLATIONS ANDTHE COLLECTION OF FEES; ANDTo PROVIDE PENALTIES FOR VIOLATIONS. b. CONSIDER AN ORDINANCE AMENDING AND ADOPTING (FIRST CONSIDERATION) Nov/ We need a motion to do the first consideration of the new code. Moved by Norton, seconded by Vanderhoef. Any further discussion. Thornberry/ So that means the prices of houses in Iowa City are coming down. Nov/ Well, come on now. Thornberry/ That is the first step. Nov/ Is that the only factor, please? Thornberry/ It is a first step. It is electrical. Then we look at other things. Okay. Nov/ Okay. Thornberry/ At least they are not going up because of this ordinance. Nov/ Any other discussion? Roll call- (yes). Okay. T~$refir~ents mfi¥ area~o~ab~yeccu~etra~$crfptlo~ofthelowa CiH counc# meeting of August27,1996. F082796 August 27, 1996 City of Iowa City Pa~e 1 3 ITEM NO. 7 CONVEYANCE OF A FOUR-FOOT WIDE TRACT OF LAND FROM THE NORTHERLY PORTION OF SHAMROCK PLACE APARTMENTS, 3501-3560 SHAMROCK PLACE, IOWA CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION. Comment: The City Council received a proposal from the Court Hill Owners Association earlier this year to purchase a four 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 item is continued from August 6. Staff recommends continuation until September 24 to enable completion of a plat of survey. a. PUBLIC HEARING b. CONSIDER A RESOLUTION AUTHORIZING ITEM NO. 8 CONSIDER AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY CODE ENTITLED "MOTOR VEHICLES IN TRAFFIC" BY AMENDING CHAPTER 3, SECTION 6B THEREIN TO CHANGE THE SPEED LIMIT ON BENTON STREET BETWEEN KESWICK DRIVE AND MORMON TREK BOULEVARD. (FIRST CONSIDERATION) Comment: This deletion from speed limit exceptions is being recommended so as to reduce the speed limit on Benton Street from its intersection with Keswick Drive to Mormon Trek Boulevard from 35 miles per hour to 25 miles per hour. The Iowa City Code stipulates speed limits in residential districts to be 25 miles per hour. Historically, the section of Benton Street from Keswick Drive to Mormon Trek Boulevard had been rural in nature. Recent residential development on both the north and south side of Benton Street near its intersection with Mormon Trek Boulevard and the increased use of the City park land on the south side of Benton Street have changed the characteristics of the abutting land use. This portion of Benton Street has become residential in nature, and the speed reduction from 35 miles per hour to 25 miles per hour is appropriate. #7 page I ITEM NO.? CONVEYANCE OF A FOUR-FOOT WIDE TRACT OF L~ND FROH THE NORTHERLY PORTION OF SHAHROCK PLACE APARTMENTS, 3501-3560 SHAMROCK PLACE, IOWA CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION. a. PUBLIC HEARING CHANGE TAPE TO REEL 96-96 SIDE 1 NOV/ The paperwork is not finished. I am going to open the p.h. and then we are going to continue the p.h. and defer the resolution. P.h. is now open. Anyone who would like to talk about the city's conveying the piece of property to Court Hill Homeowners Association, please come forward. We need a motion to continue the p.h. Moved by Lehman, seconded by Norton, that we continue the p.h. to September 24. Excuse me, I think we should move it to September 24. We can call that a friendly amendment. All in favor please say aye- (ayes). Okay, motion carries. Thlsrepresent$only area~o~abiyeccuratetr~ms~iptiofiof Gelowe CIw cmJncil meeting of Auguet 27,1996. F082796 #8 page XTEM NO,S CONSIDER AN 0RDXNANCE AMENDING TXTLE 9 OF THE CXTY CODE OF IOWA CXT¥ CODE ENTXTLED 'NOTORVEHXCLES XN TRAFFZC" BY AHENDXNG CHAPTER 3~ 8ECTXON 6B THEREXN TO CHANGE THE SPEED LIMIT ON BENTON STREET BETWEEN KBSWXCK DRXVE AND MORMON TREK BOULEVARD. (FIRST CONSXDERATXON) Nov/ Moved by Norton, seconded by Baker. Any discussion? Lehman/ I have a question. How did this come to us? Atkins/ That I couldn't tell you. Lehman/ I mean I visited with Jim Brachtel probably 6-8 weeks ago and this is adjacent to Willow Creek Park. We have had a lot of complaints about speed and I think this is a very very good idea. Lots of traffic, lots of kids, one side is a public park and the other side is totally residential and I was pleased to see this proposed. Atkins/ How it arrived on Jim's agenda, I am sorry, I don't know. I am assuming someone made a request to him to do a study. Lehman/ I talked to him about it but I just think this is a good move. Arkins/ You could have been a person that caused it. Thornberry/ Personally, I think that 25 mph is a little slow. Lehman/ You fly though. Thornberry/ I can see 20 mph in a school zone, flashing lights during that period of time or whatever. But I think the city ordinance of 25 mph in a lot of the areas is too slow. Atkins/ It is a state law, Dean. 25 mph in a residential street. We adopt a state law into our code, the 25 mph. Thornberry/ Well, there are a lot of streets in Iowa City that are 35. Arkins/ I think we are permitted. It is a no less than. It is a no less than under certain circumstances. That is how the 20 mph was developed. A couple of council members may recall all the work we went through to change it in school zones. I am pretty sure it is in the code specifically, state code. Thlsrepra~mtso~ly areasonabiyaccur~etran$crlptlo~ofthelowa Clty cou.cll meeting of August 27,1996. F082796 #8 page 2 Thornberry/ Geez, I moved back to Iowa City from a town that had 35 and arterials were 45. Atkins/ I think upon- The state law requires you to do an extensive study to substantiate the changes, particularly up. I am almost positive it is 25. Norton/ It is true nobody goes 25, Dean, I agree with that. Thornberry/ The buses don't even go 25. But that is where your ticket starts. When you get a ticket it starts at 26. Lehman/ I don't totally disagree with you but this is a good move for this area. Lots of little kids in that park. Lots of cars who speed in that area. Thornberry/ It was a general statement that I think 25 mph is- Nov/ I have seen other cities where residential zones are 35. However, the streets are so narrow that nobody would dare drive 35. So they have controlled it in another way. Thornberry/ Okay. Nov Okay. Norton/ Do we need to expedite this one? Nov/ No. This is first consideration. Any other discussion? Roll call- (yes). This represents o~ly a reaso~ebiy accurate trmmcdptlml of the iowa City council meeting of August 27, 1996. F082796 August 27, 1996 City of Iowa City Page 1 4 ITEM NO. 9 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO ESTABLISH A SPECIAL FARE FOR HIGH SCHOOL AND YOUNGER STUDENTS. (FIRST CONSIDERATION) ITEM NO. 10 Comment The Iowa City City Council wishes to establish a special fare for students high school age and younger. This ordinance amendment accomplishes that by setting a special monthly- and single-ride fare. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 95-203 AND APPROVING THE DESIGN OF THE PROPOSED DEVELOPMENT AT 315 E. COLLEGE STREET. ITEM NO. 11 Comment: When the City sold the Old Public Library parking lot in 1983, a condition of the sale required City Council approval of the design of any new building constructed on the site. At this time, Main Street Partners is requesting such approval. As requested by the City Council, the Design Review Committee has reviewed the project's design. The Committee's comments regarding the design are included in a memorandum dated August 22, 1996. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE WELL HOUSE IMPROVEMENTS PROJECT IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT. Comment: The bid opening for the Well House Improvements Project was held August 13, 1996. The following bids were received: Mid-America Construction Co., iowa City, IA Kleiman Construction Inc., Cedar Rapids, IA McComas-Lacina Construction Company Inc.. Iowa City, IA Unzeitig Construction Co., Cedar Rapids, IA Wendlet Engineering & Construction Inc., South Amana, IA $783,700.00 $783,905.00 $809,000.00 $843,300.00 $885,OOO.O0 Engineer's Estimate $801,080.00 Public Works and Engineering recommend award of the contract to Mid- America Construction Co., of Iowa City, IA. Funding for this project will be provided General Obligation bonds abated by water revenues. Act,on: #9 page I ITEM NO. 9. COESIDERANORDINANCEAMENDING TITLE 3; "CITY FI1TANCES; T~%ZATION; AND FEES," CHAPTF~ 4; "SCHED~E OF FEES~ ~TES~ BO~S; FINB~ ~ P~TIB8" OF THE CITY CODE; TO BST~LISH A SPECI~ F~B FOR HIGH SCH~L ~ YO~ ST~E~S. (FIRST CONSlD~TION) Nov/ (Reads agenda). Which is what, 50 cents a single ride and $20 a month for a pass? It will require that the student have a school ID in order to do this. Moved by Norton, seconded by Vanderhoef, that we give this ordinance first consideration. Thornberry/ Can we waive- Nov/ No, we can't on a first consideration. We can waive second. It is policy, it is not law. It is policy. Some council will waive this one instead of that one. We have always done second instead of first. Thornberry/ Well, let's just make our own footprint. Norton/ I want to clarify one point. The ordinance as drafted, says high school students and other children under 18 years of age. Don't we have a place where it goes to zero? Nov/ Under five. Under five years to zero. Norton/ That is perfectly clear I take it if you look at the combination of ordinances. Although here literally somebody charges a four year old 50 cents. Okay. Lehman/ I guess I got one question for you, Joe. It says kids will need a student ID? Joe Fowler/ Yes. Lehman/ What happens if they are high school age but they are not students? Fowler/ My understanding is when you asked us to draft this was that you wanted to affect the school transportation children and that is the way we drafted it. If you like it altered, we can do that. Nov/ If you finish high school at 16 and you got a job, you pay the full fare. Thlsrepr~e~t$o~lyereuonabtyaccurete ffmscrlptlo~of ~elowaCItycoun~l meeting of August27,19$6. F082796 #9 page 2 Lehman/ If you dropped out when you are 12, you are not going to ride it for free. Norton/ It is coercion to keep them in school. Lehman/ We are helping the school system. Thanks, Joe. Nov/ I have a curiosity question. This is for you, Linda. Are we required by law to put fares for our buses into ordinance form. Couldn't this be in a resolution form? Woito/ It needs to be in ordinance form. Nov/ It requires three readings before we can change something like this. Okay. Thornberry/ We can do both. Lehman/ We could expedite. Nov/ No. Thornberry/ Karen is not here. Norton/ We can do anything, Karen is not here. Nov/ Moving along, any further discussion? Roll call- (yes). First consideration has been approved. Thlsrepresm~tso~ly areaso~ablyaccur~etra~$cr~tlonof ~elowa CIH council mee~ng of August 27,1996. F082796 #10 page 1 ITEI~ NO. 10. CONBIDBR A REBOLUTION REBCINDING REBOLUTION NO. 95-203 ~ ~%PPROVING THE DESIGN OF THE PROPOSED DBVELOPHENT AT $15 E. COLLEGE STREET. NOV/ Moved by Norton, seconded by Lehman. Discussion. Franklin/ The applicant, Main Street Partners was to bring additional drawings tonight that are dated. I expect them shortly. Nov/ Shortly. They were told we probably wouldn't get here this fast. Norton/ We are too speedy. Nov/ Okay. Franklin/ Sometime between 8:00 and 8:15 and you are just very speedy tonight. Maybe you can push this off because what you saw last night, remember there were going to be changes and you wanted to see them. Nov/ We are going to look at those drawing later on in the agenda. We will move Item 10 to the point when those drawings come along. Oh I see, he is here. Thornberry/ Joe, we have a motion on the floor and it has been seconded. Nov/ We are ready. Joe Holland/ Karin told me she was being optimistic is I would be on the agenda by 8:30. Lehman/ She was being optimistic. Holland/ I don't have an easel tonight. Woito/ Do you have all the drawings and specs? The motion has been made to approve the resolution. Nov/ So you are on the floor. Holland/ I have the stuff. Woito/ That is what we need. Thlerep~esenteofdy areeso~a~yaccur~e ~mscdptlo~ofthelowa CIW coundl meeting of August27,1996. F082796 #10 page 2 Lehman/ Do we need a motion to receive the stuff? Woito/ No, I just want to be assured that we have- Holland/ Is the stuff part of the record. What I handed the City Attorney are the construction specifications for the brick colors, tile, excuse me, shingles for the roof, window trim, colors for the balconies and the like. Lehman/ Joe, does that also include the difference in the the windows on the first level and the indentation brick in the front? size of on the Holland/ I am not sure what you mean. Woito/ That will be on the drawings. Holland/ The color specifications for the paint color are for the window frames on the first floor. Norton/ The College Street elevation had some changes in setbacks, didn't it"And window sizes, isn't that what you are referring to, Ernie? Lehman/ Window size and also part of the building was set back four inches. Holland/ Right. It is shown on here. It is not shown well. It is on the building plans themselves to be to the Building Department. extremely submitted Lehman/ Okay. Holland/ As long as we have the easel, I would like the opportunity to show you the drawings. I think there were a few revisions made since last night, the ones we talked about at the informal meeting. I think it has made it an even better looking building. Lehman/ Would you move that back a little bit? Nov/ If you can get it on camera, we would appreciate it. Tilt is a little bit. Can the camera pick this up? Holland/ One thing I should say is that one of the reasons for giving the specifications for the colors is this is the best the architect can do to represent that. They don't have cans Thisre~'ese~tsonly are~$o~a~yaccur~e ~a~$cfipfion of ~elowa City coundl meeting of August27,1996. F082796 #10 page 3 of the paint and chips of the brick to put onto it. They try to duplicate the colors the best they can. But those are the, from the samples we showed you here, the brick samples, the stone samples, those are the specifications. So that is what you will be getting. It may not be absolutely identical to what you see in the picture. I am building suspense, work with me. Lehman/ I was going to say, that will never get pass Design Review. Holland/ This is the revised College Street elevation. The only thing that changed on this was to add in the additional stair case where the center corridor runs through the building. Woito/ Joe, are those dated with today's date? Holland/ They are dated in the lower left hand corner with the architect's initials on all four of the drawings. Woito/ Thank you. Thornberry/ Picky picky. Lehman/ Another one just like the first one. Holland/ This is the west side of the building. A couple of changes were made on this. The screening was added in. The railing in front of the air conditioning compressors and they partially bricked in the wall where the gas meters are. That wall will extend all the way across. It is there to illustrate where the meters are. They are screened in by brick. Thornberry/ There was a question last night by Naomi and several of us were interested in that. Is the difference, the width between the brick wall and the building itself wide enough for a wheelchair? Holland/ I believe it is. I can look at the plans. I thought I could tell you from this but I can't. It looks from the scale it is wide enough but I hope you wouldn't hold me to that. Nov/ We did have a comment that it would be changed to be sure that it comes- Holland/ I don't think- There is a certain spacing on the meters and my understanding is that it is going to be accessible for handicapped accessible through that area. Thisre~'ose~tsonly areaso~a~y accuratotra~scriptlmlofthelowa CiH council meeting of August27,1996. F082796 #10 page 4 Nov/ Okay, that is what we need to hear. Be sure the building inspector measures to be sure it is wheelchair accessible. Norton/ Joe, what is in that space between this wall and the east wall of the old library building, is how much? Holland/ Between the east wall of the old library building, I am not sure what the exact dimension is. The west wall of this building is five feet from the property line which is essentially the sidewalk. Then there is a partial sidewalk on the library building. I think there is about 50-20 foot setback from the lot line to the old library building. Norton/ What will be in there? That is not a drive. That will not be a driving access. Holland/ No, there will be a walk along the west side of this building. There will be a walk that comes off of College Street and turns and goes into the main entrance into the old library building. The rest of it will be grass I suppose° That is up to the owner of the library building but currently it is a grass planting in there. Norton/ Will that access off of College then be on the ramp? Woito/ Yes. Nov/ There will be no vehicle access. Norton/ No vehicle access off of there. Basically the (can't understand). Holland/ There is going to be a curb put in where the driveway is now. Nov/ And the access to the old library building is on foot, pedestrian only. Holland/ There are, I think, 3-4 spaces under a canopy on the alley side of the old library building. But essentially it is strictly pedestrian access. There is also pedestrian access on the west side of the old library building° Norton/ We talked last night about access to your building off of Gilbert and you know, making the turn into the entrance under the parking. but they could also add it from Linn, down the alley I take it. Thlsr~pres~tsonl¥ areaso~at~y~ccur~e ~ms~lpfio~ ~elowa Ci~ council me~ln~ of August 27,;996. F082796 #10 page 5 Holland/ Yes, as long as that is a two way alley. There was some discussion at the earlier council meeting approximately a month ago about that becoming a one way alley and I think that is one of the things that it is a wait and see. Right now it is a two way alley and there is no real reason to change that unless for some reason it is determined it would need to be one way. This is the alley° There has been some additional notations made on this. The far west end of the building, which would be on the left hand side of the drawing, there is bicycle parking in the area where the dumpsters and the electrical meters are and that has been noted on the plans and that will be included as part of the construction and other than that I don't think there are any changes from what you saw last night on this particular elevation. And the last is the Gilbert Street side. On this end, the College Street side, there was one change made I didn't mention. It is cosmetic only. We talked about this last night in terms of there being two colors of bricks and the windows on this side of the building, there are some narrow ones. Those were matched on the College Street side for structural reasons. Look at this area that has been darkened in. That is that accent brick which is used in there. I think the overall affect is really quite attractive when you balance out the accent, burgundy brick on the bottom, that is the name of it. I don't know if that is the color, burgundy blend is the name, with the roof colors. I think it really makes the building even more attractive. Nov/ It is a break on the facade. It keeps it from being so much a blank wall. Holland/ Exactly and that is something I think that Design Review wanted to see happen also. Nov/ I am sure you understand that if the color of the brick is changed, you have to come back and tell us about it. Holland/ The color of the brick will be what is on the specifications which was on the board we dragged in here a couple of times. As I say, the architect did their best but- Nov/ When we have had this happen previously, it is kind of an in joke, there have been some construction materials that were changed on site without notifying and we just don't want this to happen again. Holland/ Well, all I can say is we are bound to live by those Thlsrepreeent$o~y areaso, ably accurate tra~ecrlptlo~ofthelowa Ci~ coun~l meeting of August 27,1996. F082796 #10 page 6 specifications and those are really what control what the project is and I think we showed samples of all of those last night. What they actually look like as opposed to how close the architect can come to these drawings. Nov/ Thank you. Holland/ Are there any other questions? Thank you. Norton/ Thank you. Lehman/ Good job. Thornberry/ Very well presented and a good looking building. Nov/ Is there any other discussion on this resolution? Joe, do you have anything else you would like to add? Holland/ No, just I hope you will approve it tonight so that things can proceed. Thankyou. I appreciate, personally, the courtesy that everybody has shown and also the way the process has worked. I think it has proceeded promptly. Sometimes things can never happen fast enough but I think in terms of the relative speed in which things move, this has moved at a brisk and appropriate pace and I think the end product of the building is going to be a real asset to that area and I hope that you will approve it. Baker/ Joe, when is the library lot parking going to be gone? Holland/ Maybe as early as tomorrow. It depends on what you do tonight. Baker/ I got to get my car out of there. Nov/ There was some kind of notice requirement in the original purchase. Woito/ You gave notice to Joe Fowler and Bill Dollman? Holland/ Yes. Joe Fowler was notified I think a week or ten days ago. We would like to have the meters removed as soon as the council saw fit to approve the project. Nov/ Any other discussion? Roll call- (yes). The resolution has been approved. Thisrepresents only areasoda.y accurate tr~ns~iptlo~ofthelowa City council meeting of August 27,1996, F082796 #10 page 7 Holland/ Thank you very much. Thornberry/ You could stay later if you would not even 8:30 yet. like. I mean it ~s Thlsrel~eSentsonly areeso~yaccur~e ~mscrlp~mofthelowa Cl~ co, ricH meeting of August27,1996. F082796 August 27, 1996 City of Iowa City Page ITEM NO. 12 CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE ELKS GOLF AND COUNTRY CLUB REGARDING FOSTER ROAD EXTENDED AND GOLF COURSE CHANGES IN CONNECTION WITH THE NEW WATER TREATMENT PLANT. Comment: This Letter of Understanding represents the results of negotiations between the City and the Elks Club regarding relocation of two golf holes which will be lost by reason of the Foster Road improvement. In exchange for a fixed alignment of the Foster Road extended right-of-way, the granting of various temporary and permanent easements, and the lease of property for a well access road/recreational trail, the City agrees to sell and lease the Elks Club land for the construction of two golf holes, with the City retaining a covenant limiting the use of chemicals and pesticides on the property. This Letter of Understanding is subject to both City Council and Elks Club Membership approval. Ac,,o : ITEM NO. 13 CITY COUNCIL APPOINTMENTS. ,~/~ a. Housing & Community Development Commission - Three vacancies for ., .~/ t.hree, three-year terms e.nding Sep. tember 1, 1999. (Terms end for EM NO. 1~ ANNOUNCEMENT OF VACANCIES. a. Previously announced vacancies. (1) Housing & Community Development Commission - One vacancy to fill an unexpired term ending September 1, 1997. (Christina Randall resigned.) (3 males and 2 female currently serve on this Board.) This appointment will be made at the September 10 meeting of the City Council, ITEM NO. 15 CITY COUNCIL INFORMATION. #13 page I ITEM N0.13 CITY COUNCIL ~PPOINTMENTS. Housing & Community Development Commission - Three three, three-year terms ending September 1, 1999. Linda Murray, James Barris, and Elizabeth Swenson.) females currently serve on this Board.) vacancies for (Terms end for (3 males and 2 Nov/ Moved byLehman, seconded by Thornberry, that we approve these appointments. All in favor, please say aye- (ayes). Vanderhoef/ I would just like to comment that I thinkwe had a lot of good applicants in this and that I appreciated their interest and hope they will continue to reapply. Norton/ I would like to add one comment that some kind of thanks go to the people that are leaving. I know Linda Murray and Jim Harris and Elizabeth Swenson have all done heavy duty work on this commission and deserve our thanks as do all of the citizens who serve on our committees and commissions. Nov/ Absolutely, they have all been good workers. And we have previously announced another vacancy on this commission to fill an unexpired term ending September 1, 1997. All of the applicants who applied for the three year term will also be figured into the one year term. This appointment will be made on September 10. So we are not dropping them yet. Thlsrelxesefitsonly area$ofiablyaccur~e trafis~lpfiml ofthelowa CIH cornel me~lng of August 27,1996. F082796 ~15 page 1 ITEM NO. 15 CITY COUNCIL INFORbfATION. Nov/ City Council Information. Mr. Norton, would you like to start? Norton/ Yes, I have two. One, we had a request or a letter in the packet somewhere from Doug Russell requesting council permission for the HP Commission to go before the Board of Supervisors to talk and request tax abatement on the increases in property that might be accomplished with historic preservation and I didn't know whether we needed to act on it or not. I just know I didn't want to over look it. Vanderhoef/ I personally have no problem with them going in and talking to the Board of Supervisors about this. Nov/ I don't think any of us would. Do we need a formal letter? Atkins/ You had them on your Consent Calendar. Norton/ We did, okay. We accepted the letter, you mean. Arkins/ I am making the assumption that unless spoke out that you are giving approval. note sent to them or- either pulled it or If you would like a Nov/ Do we need to send a note on that, Marian? Karr/ We can just follow up with a phone call. Atkins/ Call Doug and let him know. Karr/ Just a phone call might be appropriate, too. As long as we have accepted a letter and there is no objection. Nov/ Yeah, we have accepted a letter and there is no controversy that I know of. Norton/ I would like to be clear about that in principle that when we accept the Consent Calendar, do I agree with every sentence in the minutes that we thereby accept and correspondence that we thereby receive. I would think that anything that needs action would need to be pulled out and acted on. That is I am suggesting that we consider this separately. I don't know. What is the general principle? Thlsre~esentsoniy areasonablyaccuratetransmlptlon ofthelowa City council meeting of August27,1996, F082796 ~15 page 2 Arkins/ I think what you just said makes sense is that there was a specific request for specific approval and you are right, the Consent Calendar is an acceptance of correspondence, not passing judgements on the merits of it one way or another. You are probably right. Nov/ When we had a letter asking if we wanted the P/R Commission to consider cemetery expansion, we did answer and say yes, we want it. So send him a note. I will sign it and we will say yes, go ahead and do it. Atkins/ Okay. Norton/ The second one is that I just wanted to mention and applaud the study the a committee of citizens under Jim Harris' leadership did on HIS and they did a real serious job I think of reviewing concerns in the HIS area and coming up with some recommendations-specific recommendations for improvements in that service and establishment of a standing committee to continue to make sure that the people who are inspected have full involvement in what they are inspected for and how to proceed and I think that is an inherently sticky area that needs constant attention of that kind I would think and I think they have done a good job. Okay. Nov/ Ernie. Lehman/ I would echo your comments on that committee because I think that over the years there have been some friction occasionally and I think these folks are talking to each other and we are making progress and I am very pleased and I also think it is something that we need to, you know, pay particular attention to in the future. I got a question for you, Steve. I didn't warn about this one. How do we take care of rough railroad crossings? Is there a specific procedure? Because South Capitol Street is really really getting to be. Atkins/ Yeah, it's a bumper buster. Railroad crossings, they're usually the railroad's responsibility. They have the obligation to prepare those. We will work with them, in fact in many of the projects contribute local moneys as a percent of a match to do some of those projects. It's interesting. I drove to Capitol area and you have to really almost come to a This represents only a reasonably accurate transcription of the Iowa City council meeting of August 27, 1996. F082796 #15 page 3 stop at that crossing. I know the one you're talking about and I hayer it on my things to do to ask Rick how we go about it, but my understanding it's the railroad's obligation. I can assure you and because listening, if it's ours, then we will move immediately to get them repaired. Lehman/ Now the Highway 6 crossing that we did a year or so ago, did we do that or did the Crandic do that, or was it an combination? Atkins/ I don't recall. I get the railroads confused, but to my knowledge it was their obligation. Lehman/ That was another one that was redone and it was really pretty good but for a pretty short period of time because that sucker's really getting rough again too. Vanderhoef/ They did a good job on First Avenue. Norton/ I brought this up a few months ago with the same exact real serious problems on the south side of town and we had some correspondence and they said it's on our budget for 1999. I mean I couldn't believe it. Arkins/ Well it's their call and I'm sure that they would be very happy to defer to the local government's expenses to take care of these things. At the same time it is their obligation to maintain these things. That's always been my understanding of the thing. Norton/ What about a little court action to get their attention? Woito/ I don't know. I'd have to look into it. Atkins/ I'm not sure what we would sue them over. Woito/ Do you want me to look- Are there a majority that wants me to look into it? Norton/ Look at my bumper. It's a hazard. Arkins/ It's a lousy crossing. Thisrepresent/onlyareason~bly accuratetran$~iptlon ofthelow8 Citycouncil meeting of August 27,1996, F082796 ~;15 page 4 Lehman/ But I really wouldn't want to even consider until we talk to them. court action they are ready to get to Norton/ I know but I said the correspondence we got the last time was this is on our list for 1999. It is a disaster area now. Arkins/ Which means they get to them when them. That is what they are saying. Norton/ We are not getting their attention. Arkins/ Capitol is very bad. I will check that one tomorrow morning. Vanderhoef/ If we are going to be corresponding with the railroads, then I think we should just go ahead with our request for some cleaning up of their abutments for their train bridges. That First Avenue one and the Riverside one. Atkins/ I think it is the same thing but I will- Thornb~rry/ That is in the year 2000. Norton/ That is in our budget for 2001. Atkins/ I hear what you are saying, Dee. Vanderhoef/ Thank you. Thornberry/ Just a couple of things. We mentioned last night that- And it has been brought up before. That the new section of Burlington Street, east of Gilbert, is got the speed bumps or moguls or whatever. What do you call them, Steve? Norton/ Mogul would be a little big. Thornberry/ Moguls are a little big but if, you know, 25 mph you get a little bounce. Any faster than that- Lehman/' That is the speed limit. Thornberry/ Well, you are going down hill. Thlsrepresef~tso~ly a rea~o~a~yaccurate ~anscrlp~o~ofthelowa City council meeting of August 27,1996. F082796 ~15 page 5 Arkins/ Chuck is not here now. Chllck said they ground it yesterday. I have not driven it so I can't tell you. Thornberry/ We will see how the grinding went. But anyway, it was a little rough. Another thing, second of three. I would really like to visit the four unit apartment complex trash question. In a four unit apartment building, a building with four units, the city, as I understand it now, the city will-must pick up the trash. Atkins/ Four units or less. Thornberry/ They do not have an option of going with a private party. I would like to perhaps give them an option on a four unit. Five units and more maybe private. Four units and less city. So you have got the four in between. Four and more and four and less. Maybe we could give them an option. Some would like the city to pick Jt up. Maybe some would like the private to pick it up. Is there a way of doing that? Atkins/ That is very difficult. Woito/ There is a way of doing it. We discussed it at staff and staff and Steve and we all didn't come down on the same track and so it sort of got dead in the water. We can re-visit it. Arkins/ You have asked that it be placed back on the agenda and with that I will take it back to staff. We will do a work up and get it back to you for your consideration. Thornberry/ There is at least one unit in town where there is a four unit next to a six unit or eight unit and they use the same private carrier and now they are being billed by the city also because it is a four unit but it is owned by the same family and four units is just about, you know- Atkins/ There are efficiencies, it up a lot quicker. It is it over to a private hauler, unless the private hauler- remember. We can-four stops, pick lot easier for us. If you do turn you lose that recycling component Thornberry/ Yeah, but you might be able to get it picked up more often. Maybe it needs to be picked up more than once a week. This represents only s reasonably accurate trafmcriptlon of the iowa City council meeting of August 27, 1996. F082796 #15 page 6 Atkins/ That is a very legitimate issue. I can understand what you are saying. It needs to be picked up more often and that is a matter of scheduling. But I hear you want it back to kick it around. Thornberry/ I really would like to see it discussed again. Atkins/ We will prepare something for you. Thornberry/ The third thing is I am a pet affectionado and it was brought to my attention about a dog that was caught in a trap. The UoS. is the only country that allows these certain types of traps. The dog was caught by the two back legs in one of these traps and it was in the winter. And to get out of the trap it chewed off one of its back legs and then drug itself about a half a mile towards a residence. Another family who also rescues pets had a German Shepherd. They didn't know that this dog had been caught in a trap but the Germane shepard saw this dog and brought it snow in its mouth and put it down so the dog could drink and when the shepard was fed, took this dog food in its mouth and gave it to the dog that was in the trap and this had gone on for several days until the family saw that the shepard was getting weaker and not eating because it was giving the other dog its food and they went out to see what was going on and they rescued this dog and anyway, it is kind of a nice story-bad story. Norton/ Heart wrenching here. Thornberry/ There are some of these traps going on, trapping going on in this country that really doesn't need to be. Nov/ Why was this trap there? Thornberry/ They were trapping other animals and the dog got caught in the trap. But anyway, good news, the dog lived and it was rescued by these people. I just saw one on the news today where a dog was shot in the face and lost its-and was hit by a car and lost it left front leg and it was rescued and doing just fine and we have got to treat animals at least as well as we treat other members of society. /Anyway, that is my pet story for the evening. Thisrepresents only aressonably accuratetranscription oftbelows City council meeting of August27,1996. F082796 ~15 page 7 Lehman/ That is your dog report? Thornberry/ That is my dog report. Nov/ Okay, Dee. Vanderhoef/ I just have a compliment that came from a citizen who had requested some assistance from our Traffic Engineer, Jim Brachtel. And she was very pleased to have prompt action and some assistance for a safety concern at the corner of Highway 6 and Keokuk. Thank you, Jim. Thornberry/ That is it? Vanderhoef/ That is it. Nov/ Mr. Baker. Baker/ A couple of quick thing, Madam Mayor. First of all, can we get on the informal agenda, the 23rd, that's a Monday night, before the 24th meeting, this IC~J3 Review proposal criteria for information or information from ICAD. Remember- Arkins/ It has been the things to do- Baker/ The next meeting is going to be have two major items to re-think. 23rd. Norton/ That reminds me a e-mail to us? Do you have that? Baker/ Yeah, I got this one. Norton/ Okay, take care of it. Baker/ But anyway, I would like can talk about it on the 9th or it on by the end of the month. really busy. We are going to But I was thinking maybe the from Karen. Did she say something to bring it up again and maybe we 10th as well. But try to get Nov/ Alright. You want to discuss ICAD information and you want it on the 23rd? Atkins/ It's okay with me, I will put in on the list, sure. Thisrepresents only areasonably accur~e ~anscriptlon ofthslowa City council meeting of August27,1996. F082796 ~15 page 8 Baker/ Then once again, if there are other council members where there are specific requests for information, throw it in the hopper there. What is the status of the legal status of joggers versus walking pedestrians on sidewalks. Do they have equal status of equal access to the sidewalk? Woito/ As far as I know without doing exhaustive research. Thornberry/ Size has a lot to do with it. Baker/ Since you are not working on that impact fee, I want to you- I don't know if the rest of you got this same phone call. A woman, I didn't know, she was evidently wondering about why joggers since to have a sense of a higher priority than walking pedestrians on city sidewalks and this is up in the California Street neighborhood and I promised her that I would mention this on air that perhaps people listening would take into consideration that when they are jogging, they have to deal with pedestrians and some courtesy is probably appropriate. That walking pedestrians have as much right to sidewalks as joggers. Atkins/ It is called a sidewalk. Norton/ We will have to be making running paths. Baker/ Jogging is just an alien concept to me anyway. Nov/ I have also spoken to this woman and I have asked her to contact Marcia Klingamon and be sure this kind of information gets into the neighborhood newsletters. Atkins/ That is the perfect strategy. Nov/ I am hoping this person will read it and realize that he could use a little more courtesy. Baker/ A few months ago I took this opportunity to use this form to offer up a particular person's name and phone number about a housing question in a certain neighborhood. I felt entitled to do that and if the situation arises again, I would probably do Thisrepresents only areasonably accuratetranscription ~ theIowa CJ~ council meeti~g of August27,1996. F082796 ~15 page 9 it again. But I would like to take this opportunity to do sort of just the opposite and praise a couple of people who have restored an old house and had the opportunity to tear it down at 317 South Dodge Street and I hope I get these names correct, Brian and Jeff Clark. They have gone in and raised the old house up, put a new basement in, added a bedroom, put siding on and preserved the house and I think it is an effort that ought to be commended and the neighbors around I know certainly appreciated that. I thought I would call that to the public's attention. It was Brian and Jeff Clark. And I hope those indeed are the two particular people. Those are the names I got off of the site plan. I think they are to be commended. There was a request from Karen to Dee and I that when the council gets around to discussing the Economic Ad Hoc Committee's recommendations on city standards and city guidelines for financial aid and stuff like that, that there be some sort of public discussion allowed on the agenda formally. I thought I would raise that. I don't know what form it would take. Whether it would be a public hearing or just a public discussion that will allow the public to come dolan and talk about that particular issue as well. Thornberry/ What? On Aid to Agencies? Norton/ No, those economic policies. We asked the committee to work up guidelines to the city for granting tax abatements and other things and they did so, right? But I think there has been no public discussion of that input. Is that right, Larry? Baker/ I think Karen might have been under the impression that that was going to be imminent and we were going to put it on the next agenda and not allow or provide for public discussion of it. I didn't think it was going to be on the next agenda. Arkins/ I am pretty sure it is scheduled for the next agenda. You bumped it a couple of weeks I recall specifically. Nov/ I thought it was on the agenda for the 10th. Baker/ That is what she is talking about. Be possible to have some sort of opportunity. If not written into the agenda, at least This represents only a reasonably accurate transcription of the Iowa City council meeting of August 27, 1996. F082796 ~15 page 10 an acknowledgement on the council's part that the public would be entitled to speak on that issue. Nov/ Okay, I also would like to remind everybody that this is not a separate issue. This is in addition to the economic policies that we adopted last year and so it will be an appendix, an addendum to the policies that are currently existing rather than a separate document in and of itself. Baker/ That is fine. But gain- Nov/ We are not going to have a resolution. we are going to have an amendment to those policies. Baker/ But there will be an opportunity for the public to talk. Nov/ If there are four people who want an opportunity for the public to talk, I have no objection. Baker/ There are at least three people who would like to see that happen. Lehman/ Well, the only thing and I think and Larry, you were involved in this, too. When that committee was appointed and I think it was appointed with a great deal of care. A lot of thought went into who served on that committee and we tried to cover- Nov/ Broad representation. Lehman/ Right. We tried to cover all the bases. How much public input can we- I mean, where do you stop? To me, you have gotten a broad spectrum of folks. Those folks that we- And we all didn't agree I am sure. But we did try to get a committee that represented a community. I don't know. I have no objection to the public speaking to this but I think that you can invite public participation to the point that you never get anything done. Baker/ Well, if I use the word public participation, I may have mis-spoke. I certainly would include public discussion as a legitimate goal of this council on that issue and when it gets to us it is stopping here and this is the last point before it is enacted and it might be appropriate to have the public have Thisrepresents only a reasonably accurate transcriptlo~of ~elowa City council meeting of August27,1956. F082796 #15 page 11 an opportunity to speak if they still want to on that issue. That was the- Norton/ I heard. Thornberry/ All it takes is time. Nov/ We did move a few things from the next agenda. Baker/ So, we wouldn't have to (can't hear). Norton/ It could be on the same night. Vanderhoef/ But that is on a work meeting, right? Thornberry/ We had public participation on the bus schedule or the bus- Nov/ We are not planning to have this as a formal vote. That is what I am trying to say. We were saying that at the next informal session, the council will discuss it. The council will say yes, go ahead and do it and the staff will be given those guidelines. So, I am not sure that this is- Norton/ Once in a while we have had meeting. Once in a while we have it hasn't been advertised. So- a discussion at an informal invited discussion, although Nov/ Well, it has been only if there has been somebody who had a particular issue on that particular meeting. Council/ (All talking). Nov/ We can put it in for that meeting twice. We can put it in for both the informal and the formal session. Baker/ If the council sends it through in the informal session- CHANGE TAPE TO REEL 96-96 SIDE 2 Baker/ There would be no point to having a public discussion of it after we do that. So, I think the point was if that perhaps- There doesn't seem to be an urgent need to get that thing in the mill. We are not holding anybody up by that particular- This represents only a reasonai~ly accurate trenscription of the Iowa City council meeting of August 27, 1996. F082796 #15 page 12 Norton/ It could happen tomorrow though. Nov/ It is something we ought to do. Vanderhoef/ It is something I have been waiting for. Nov/ The Committee was told we were going to do it this week and then we postponed it two weeks and when you have told your citizen volunteers that their time is coming, you give it to them. Baker/ Why won't we just agree to discuss it among ourselves on the Tuesday night meeting rather than have the public come down to our informal meeting, have them come down to our formal meeting and have it discuss it at the same time that night rather than do it at the informal meeting. Nov/ Is there any legal reason why we couldn't do it that way? Woito/ No. Baker/ We could initiate it ourselves under public member of the public can initiate it. I don't to be a written agenda item or not. discussion or a know if it needs Nov/ Well- Woito/ Steve, has the council approved by resolution the prior economic policy? Nov/ Yes, that was a resolution in 1995 and we are going to just add this in there. Woito/ If you are going to do an addendum, you should appzove it by resolution formally. Atkins/ The original policy, if I recall, is that it did call for the preparation of a document called guidelines. Guidelines was clearly a component of the policy. That is what I have understood it to mean. Norton/ If you had the guidelines in front of you, the overall blue document that you are talking about, it happened to have a This represents only a rea$on~t~ly accurate t~anscription of the Iowa City council meeting of August 27, 1996. F082796 #15 page 13 blue cover as I recall, would now be a new document. It seems to me that guidelines ought to be formally approved if the guidelines are the details. Or the devil is. Nov/ The policies said there will be an ad hoc committee to develop guidelines and these guidelines will be part of this document and so therefore, I am not sure we need to have a formal vote. Woito/ I would think you would want to approve them formally. mean it depends on what message you want to send to the public. Nov/ We could say we will add it to this document. I don't think that it is a separate document. I really don't. Woito/ I mean you can do it either way. Baker/ We can add it. Whether it is a separate document or part of this other document is secondary to me. If we are going to take some formal action it there ought to be an opportunity for a formal public discussion. Vanderhoef/ How about this, let's go ahead and do it at the informal meeting, have our discussion like normal and at the formal meeting, the next day, there is always opportunity for anyone from the public who wants to speak at open time and we still would hear it. Otherwise if you are going through all this other routine, then you are talking about advertising a p.h. But we have citizens that have the opportunity to speak to things at anytime if they want to. Nov/ We are not talking about a p.h. We are talking about something like the Electrical Code where we had public discussion under (can't hear) of the amendments to the Code and- Baker/ But it was on the agenda and I think the point was to allow at this point, if anybody in the public were to have input on that issue before we adopted, approved, added it, let them do it. Not to let them do it after we have done it. Norton/ I don't see what it can hurt. Woito/ Put it on the formal agenda for Tuesday. Thlsrepresents only aresson~bly accuratetranscription oftholowe CIW council meeting of August 27,1996. F082796 ~15 page 14 Norton/ What can it hurt to discuss it at our informal and then put it on the regular for public discussion and action and then- Baker/ You don't act on it at the informal. Norton/ I don't expect an earthquake. Let's give the opportunity. Vanderhoef/ I want the discussion to be on because we have a lot of things on that Baker/ We are talking about the 10th now? the Monday night just agenda. Thornberry/ I don't want it on Monday and Tuesday. Baker/ Let's do it on Tuesday then. Novick/ Alright, Dee wants it on Monday and Tuesday and I would like to hear why. Let her finish. Vanderhoef/ All I wanted was to go ahead and have council time on it on Monday and on Tuesday, any citizen who wants to come and speak to us at public time can certainly do that before we act on it. Norton/ But when do we act on it? Vanderhoef/ Following. Public time is always Consent Calendar. So it is before we do Norton/ So it would be on our discussion primary discussion would probably be, Monday night and then if there is any after we do the any other resolutions. both nights. But the I would assume, on public comments to be made before we take final action on Tuesday, the opportunity would be- Baker/ What sort of action do we take and at what point in that action is public discussion appropriate? Norton/ We are approving adding these guidelines to the economic policy document. Baker/ We are just sort of nodding our heads at Nonday night's meeting. That is one thing. But if it is a formal adoption of Thlsrepre$~tso~ly areasonabiy accur~etr~$crlptlon oftholowa City council meeting of August27,1996. F082796 015 page 15 a policy that requires a vote on Tuesday night, then there ought to be public- Nov/ We have adopted the policy document. That is already done. What we are doing is adding the guidelines to the policy document. Norton/ My concern, Naomi, is that the guidelines are the meat of that. The rest of it is a considerable amount of boiler plate to be frank. And that the detailed guidelines are pretty important component. Nov/ We are not in a position to get into a detailed discussion about which numbers are better than others. Do you know what I mean? Norton/ Well, that is true. Woito/ So, are there four to put it on the formal agenda or not? Baker/ I would say put it on the formal agenda. Norton/ I would agree. Lehman/ I really wouldn't. I think the whole idea of selecting a committee the way we did and getting representation the way we did should preclude- shouldn't preclude the public from being to comment on that. But for us to go back after we asked these folks to spend the time that they spent, which they did. They did a very very good job. We can drag this thing on forever. I think when it comes to applying these things, I have no problem with public input. But at some point we have to say we have had public input, this is what we have selected, this is what the committee that we have selected has done. It was our committee. At what point do we stop this? Baker/ At what point do we do this. Do we say that since we have all of these subcommittees, commissions, special committees working for us that have public input into their process. When their recommendations get to us, we don't want to hear from the public. Thisre.esprits only areasonably accuratetran$crlptlon ofthelowa Ci~ council meeting ofAugust27,1996. F082796 #15 page 16 Lehman/ Hopefully we have selected the committees and I think we did in this case, a committee that represented about every aspect we could think of. Baker/ I am not disagreeing with you at all. Lehman/ Hopefully, in putting in their deliberations and putting together their recommendations, they have drawn upon the public for what they consider to be the best recommendations. Now why do we ask these people to do this if they want to turn around and have a p.h. on it? Baker/ Why have we consistently in the past on dozens and dozens of issues that have already had public input at various levels let the public talk before we vote on the issues? Lehman/ I don't think we ever refuse to listen to the public. On the other hand I think it is a mistake to solicit public input on something like what we have had reported back from this particular committee. Baker/ A mistake? Lehman/ Yes. I think that is true. Allow them to know it is on the agenda and we are going to act on it. You know, they are welcome to speak. I think- Norton/ To be on the agenda? Wait a minute, I don't understand. It is only on the informal agenda now. Lehman/ To me, there is no point in asking good citizens to put lots of hard work in on something and then as soon as they give us something, okay, the rest of you folks, what do you think. Norton/ Larry points out that we do that all of the time. Nov/ I understand that we do that and I also understand that most of us are not going to get into a detailed discussion with the general public in order to change this document. Most of us are saying it is basically an okay guideline and it may not work in real life. Sometime down the road it may be amended sometime down the road but we are not likely to do on the This represents only a reasonably accurate ~a~scrlptlo~ofthelowo City council meeting of August 27,1996. F082796 #15 page 17 floor amendments based on public comments that this number is the one that they like. Baker/ I didn't even- Nov/ Okay, I just want you to understand that. Baker/ That is our response to a great many things. We do a lot of stuff pro forma, it comes in, somebody comes up with an idea that-We defer it, delay it, hold it off. But most of the time, yeah, we process this stuff through even with the public at the last minute talking to us. All I am saying is before we formally or informally approve those, send them on, get them beyond us, there should be some opportunity for the public to be allowed to discuss them if they want to. Now I would rather they did it on Tuesday night rather than our informal session. Nov/ I would rather also if we are going to do this, to do it on Tuesday. However, there have been multiple other local folks that have been given copies of this, have been asked to comment and so far have not. So I just want you to know that we are not expecting a huge- Baker/ I am not expecting a huge thing. I am just conveying an idea from another council member which I have no problems with. I do not expect the ground swell of sentiment one way or the other. Nov/ Okay. Baker/ But you have be careful about just simply arbitrarily saying we don't want to hear from you. Nov/ That isn't what we are saying. Alright, we are going to put it on Tuesday agenda. Thornberry/ (Can't hear) to the bus fare increases. We knew what we were going to do and then we solicited information from everybody about bus fares. Whatever they said was fine, we took that under advisement and did what we were going to do in the first place and it only took 37 hours. That is alright. You know, we can do it on a Thursday night. Nov/ I think we have decided to go ahead, okay? Anything else. Thlsrepresent$onlyareason~bly accuratetranscHpfionofthelowa City council meeting of August27,1996. F082796 ~15 page 18 Baker/ I thought that was about a 30 second item. Nov/ We don't want to get home too early. Baker/ Actually I only have one more thing, Madam Mayor and it has to do with Mr. Lehman. I don't know if Ernie has seen the latest copy of the annual manual, ICON'S Annual Manual to the city. They have a picture of the council here. Now, I am not in this picture, nor are you. But the least they say not pictured Larry Baker. They don't acknowledge your existence. Ernie, you need better public relations here. Lehman/ You are probably right. We need to have a p.h. on that. Baker/ We need to have a meeting on whether or not the public knows that you are on council. Lehman/ A blue ribbon panel. Thornberry/ Is this going to be on Monday night or Tuesday? Lehman/ Both. Baker/ You got to get your picture in here but ICON needs to know that you indeed are on council. I just thought I would call it to their attention if nobody else. Lehman/ You don't really need to on my account. Baker/ No, they need to keep track of you and that is all I have got. Nov/ They make kind words about everybody else. Baker/ They only mentioned two council members. Nov/ Okay, anything else? I am moving on. We have been keeping in touch with Jenny who is one of Representative Leach's office people here in Iowa City. She has been sending me information on the new Safe Drinking Water Act and we have a copy of the Act and today we received a copy of a little note. It said there will be money and it was authorized through 2003, money up to $ 1 billion per year. The state will be Thisrepresents only areasonably accuratetra~scriptlonoftholowa CIW councilmeeting of August27,1996. F082796 page 19 responsible in setting up the fund under EPA guidelines. The funding formula, how the money is divided between states will be based on the current Clean Water Funds formula until EPA establishes a new formula based on a survey of states' needs and they are currently taking this survey. It has been authorized but not appropriated and the funding is possibly going to be appropriated, we hope, and most likely in September and the possible nu~er we are talking about for the State of Iowa is $725 million. We will keep in touch on this one. Anyway, I will call Jenny and say thank you for her sending me this because I had asked for a copy of the law plus whatever comes out afterwards in terms of direction and she is keeping up with us. I also spoke with Joan Temeyer who is the executive director of the Homebuilder's Association. She says they have not forgotten that we asked for their input on Iowa City Building Codes. They are planning to start meeting on this as the construction season winds down. She said by November we should hear from them. I drove on Melrose Avenue today. The city council should find out what the mess looks like on Melrose Avenue bridge and the bridge is open and the traffic is very slow and I was there at rush hour and there was a police officer standing in the middle of the street and everybody was patiently waiting in line to cross and the only hazard I saw was two young ladies jogging in the street because the sidewalk was gone. It was not a good time for jogging. But otherwise I think our that our police officers are doing a good job with controlling traffic and when it is not rush hour there are stop signs and when I drove through on non rush hour, people were definitely stopping, letting the other folks go one at a time. It was slow but it was moving. went to the University reception for international students. got to talk to some nice people from various countries. I went to a City High School reception for Japanese students that are visiting from our sister state and it was a nice visit there, too. We have notices, give some of this to the television people and see if you can put it on the character generator. Some of This re~'asanta only e ree;ooabiy accurate transcription of the Iowa City council rneetlng of August 27, 1996. F082796 #15 page 20 this sounds good. There will be a mini-medical school offered by the University of Iowa College of Medicine. This will run six consecutive Tuesday evenings beginning September 24. So if you are going to do this, you are going to miss council meetings. You will have to tape it or watch it later. Anyway, there is a phone number for registration and I will give it. The third annual conference of the Lt. Governor's Committee on Diversity is October i and 2 in Des Moines. There is an interesting conference at the University of Iowa on the Uses of Suffrage. This is September 27 and 28 right here in Iowa City and I think we will just give it to the cable television staff and see if they can put some information out for the general public. We have Kick Off Day for the 1996 Special Census in Iowa Thursday. This is this Thursday, August 29. We have authorized a special census to be conducted by the U.S Bureau of census to determine a more current population figure for Iowa City. Official census workers will conduct the a special census in Iowa City by traveling door to door, stopping at all residences to count every Iowa Citian. Census workers will be conducting a short verbal questionnaire. The verbal questionnaire is strictly confidential. This special census will only require a few minutes of your time and we expect everybody top be counted because this is important for the city budget. Thanks. Thlsrepfese~tsoalyareasonablyaccuratetra~$cripfionofthelowaCi~ councllmeefingofAugust27,1996. F082796 August 27, 1996 City of Iowa City Page 16 ITEM NO. 16 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. ITEM NO. 17 ADJOURNMENT. 1996 City Council Work Session Agendas and Meeting Schedule August 26 7:00 p.m. Monday City Council Work Session - Council Chambers Times Are Approximate 7:00 p.m. 7:30 p.m. 7:50 p.m. 8:05 p.m. 8:35 p.m. 8:45 p.m. 9:15 p.m. 9:35 p.m. 9:40 p.m. 9:50 p.m. 10:O5 p.m. Review Zoning Matters Building Design Plans - Old Public Library Lot Highway 965 Compromise Alignment Agreement with the Elks Cable Commission Recommendations Water Impact Fees Downtown 21 Regional Solid Waste Management Planning Committee Council Meeting Schedule Council Agenda, Council Time Consider three appointments to the Housing & Community Development Commission August 27 7:00 p.m. Regular City Council Meeting - Council Chambers Tuesday September 4 3:00 p.m. [~eptember 9 7:00 p.m. Special City Council Work Session - Council Chambers Goal Setting City Council Work Session - Council Chambers Wednesday Monday September 10 7:00 p.m. Regular City Council Meeting - Council Chambers Tuesday September 17 3:00 p,m. Special City Council Work Session - Council Chambers 1. Library Board Joint Meeting (Tentative) 2. Other Business Tuesday 8/23/96