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.
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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.
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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.
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F082796
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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.
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F082796
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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.
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F082796
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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
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F082796
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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.
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F082796
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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.
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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
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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.
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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
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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.
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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?
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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
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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.
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F082796
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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.
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F082796
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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.
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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.
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F082796
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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.
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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
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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
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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
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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-
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F082796
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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
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F082796
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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.
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F082796
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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
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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.
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F082796
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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
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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.
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F082796
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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
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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
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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.
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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