HomeMy WebLinkAbout1996-09-24 AgendaSubject to change as finalized by the City Cleric For a final o~.ial copy, contact the City Clerks Office, 356.5040.
AGENDA
CITY COI~NClI. MEE~'IN6
September 24, 1996 - ?:00 p.m.
Civic Center
ITEM NO. I
CALLTO ORDER.
ROLL CALL.
ITEM NO. 2
MAYOR'S PROCLAMATIONS.
a. Victory Temple Weekend - September 20-22, 1996.
b. Domestic Violence Awareness Month - October 1996.
c. Breast Cancer Awareness Month - October 1996.
Mammography Day - October 19, 1996.
d. Fire Prevention Week - October 6-12, 1996.
ITEM NO. 3
(2)
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Approval of official Council Actions of the special meetings of
September 9 and 17, 1996, and the regular meeting of
September 10, 1996, as published, subject to corrections, as
recommended by the City Clerk.
b. Minutes of Boards and Commissions.
Historic Preservation Commission - July 9, 1996.
(2)Historic Preservation Commission - August 20, 1996.
(3)Iowa City Board of Adjustment - August 14, 1996.
(4)Parks and Recreation Commission - August 14, 1996.
(5)Iowa City Airport Commission - August 15, 1996.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class C Liquor License for Diamond
Dave's Taco Company Leasing Corp., dba Diamond Dave's Taco
Co., 1604 Sycamore St. (Renewal)
Consider a motion approving a Class B Beer Permit for Kirshna,
Inc., dba Mini Mart, 731 S. Riverside Dr. (Renewal)
#2b page 1
ITEM NO. 2 MAYOR'S PROCLAMATIONS~
b. Domestic Violence Awareness Month - October 1996.
Nov/(Reads proclamation).
Regina Bailey/Thank you. On behalf ofDViP, I would like to thank Mayor Nov.
and the City Council for supporting Domestic Violence Awareness Month.
A couple ofactivities that I wanted to point out to get the month started.
We will be hosting a reception at WRAC, October 2, and we will be having
two art shows that evening as well. One is from students from CEC who
are going to be displaying their art about domestic violence and another
one is titled Stamp Out Abuse which is MAIL art. it is quite interesting.
So, it should be a good evening. On October 8 we will be hosting again the
Clothesline Project at the Ped Mall providing it doesn't rain. That was a
very exciting event last year. So we wanted to do it again this year. And
our T-shins will be for sale, When We Envision a World Without Violence
This World Immediately Becomes Possible. That will be- The T-shirts will
be on sale throughout our activities all month. Thank you, again, for your
support.
Nov/Thank you. And for those who haven't seen the display that was here last
year, try and see it this year. It was very moving.
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council meeting of September 2~, 1996.
F092496
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ITEM NO. 2 MAYOR'S PROCLAMATIONS.
d. Fire Prevention Week - October 6-12, 1996.
Nov/ Dean is going to read that one.
Thornberry/(Reads proclamation).Is there someone here to receive this
proclamation'?.
Nov/We have three someones.
Thomberry/Thank you, gentlemen.
Kubby/I feel like we should sing the Chicago Fire Song.
Lt. Larry Kahler/I would just like to take this opportunity to invite you all and the
council and all the citizens of Iowa City to join us on October 6, Sunday,
the beginning of Fire Prevention Week. to our open house here at the main
fire station, 410 E. Washington from 1:00 PM to 4:00 PM in the
afternoon. You are all invited and thank you very much for the
proclamation.
Thomberry/Thank you.
Nov/Before we get to our regular agenda, I have to tell you we have our new city
attorney sitting here, Dennis Mitchell. Linda Woito has not been feeling
well and Dennis is one our Assistant City Attorneys. He doesn't have a
name fastened in front of him. Welcome, Dennis.
Dennis Mitchell/Thank you.
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council meeting of September 24, 1996.
F092496
Sep~embe~ 24, 1
Oity of Iowa City
Pa~e 2
Consider a motion approving a Class E Liquor License for Randali's
International, Inc., dba Cub Foods, 855 Hwy 1 West. (Renewal)
(4)
Consider e motion approving a Class E Beer Permit for Randali's
International, Inc., dba Cub Foods, 855 Hwy 1 West. (Renewal)
d. Resolutions.
(1)
CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION
WITH THE UNITED STATES DEPARTMENT OF
TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307 FOR
TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING.
Comment: JCCOG is preparing the annual Federal Transit
Administration [FTA] Section 5307 application on behalf of Iowa
City Transit. Funding in the amount of $197,662 is being
requested for FY97 transit operations. FTA capital funding in the
amount of $57,179 is being requested for the following projects:
replace/upgrade computer system at transit offices, replace
electronic information center at Old Capitol Mall, bus stop and
shelter repairs, and purchase fitness equipment for training room
at transit building. Local funding will come from the transit capital
reserve fund.
(2)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST
NATIONAL BANK, IOWA CITY, IOWA, FOR PROPERTY LOCATED
AT 723 OAKLAND AVENUE, IOWA CITY, IOWA.
Comment: First National Bank has requested that the City
approve a Subordination Agreement for the owners at
723 Oakland Avenue. On November 30, 1990, the owners of the
property received a Ioalt in the form of a Life Lien for a total of
$3,085 through the City's Housing Rehabilitation Program. First
National Bank is about to refinance the first mortgage of $55,200.
The appraised value is $115,000 which provides enough equity to
cover the City's second lien position, which was the Cit¥'s original
position.
(3)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
HIGHWAY 11GILBERT STREET INTERSECTION IMPROVEMENT
PROJECT.
Comment: See Engineer's Report.
September 24, 1996
(4)
?b- Z'72.. I6)
City of Iowa City
Page 3
CONSIDER A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT WITH MAIN STREET
PARTNERS, AN IOWA PARTNERSHIP, FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF COLLEGE
ANLt GILBERT STREETS IN IOWA CITY, IOWA.
Comment: This temporary easement is to allow Main Street Partners
to temporarily close City sidewalks adjacent to their property along
the south edge of College Street between Gilbert and Linn Streets
and the west edge of Gilbert Street between College and Burlington
Streets. This agreement is requested in order to facilitate the safe
construction of a new apartment building and to secure the
construction site from pedestrian traffic. The City Forester has been
consulted regarding protection of the right-of-way trees during
construction.
RESOLUTION APPROVING THE
HOUSING MANAGEMENT ASSESSMENT
(PHMAP) CERTIFICATION OF THE
HOUSING AUTHORITY FOR FISCAL
PUBLIC
PROGRAM
IOWA CITY
YEAR 1996.
Comment: The Department of Housing and Urban Development
(HUD) requires housing authorities to certify past performance data
as a means of monitoring local activity. HUD will score the Iowa City
Housing Authority (ICHA) upon twelve indicators and will identify
areas of concern or performance based upon these indicators. The
Public Housing Management Assessment Program Certification,
HUD-50072, is the only performance report required for FY96.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL
RELEASE AGREEMENT CONCERNING THE PUBLIC
WALKWAYS FOR VILLAGE GREEN SOUTH, PART 4A.
Comment: The Subdivider's Agreement and Conditional Zoning
Agreement for Village Green South, Part 4A, obligate the Developer
to construct a public walkway system through open space in various
parts of the subdivision. This obligation constitutes a lien and a cloud
on the title to the subdivision lots. The Developer has not completed
the walkwayArail system, but the Subdivider's Agreement provides for
the escrow of monies to ensure completion of public improvements
when appropriate. Public Works/Engineering is in agreement that
such an escrow is appropriate in this instance, and the sum of $6,600
has been deposited with the City to ensure walkway completion. This
Partial Release Agreement removes the cloud on the title to lots in
Village Green South, Part 4A, while protecting the City by establishing
escrow funds which will be retained until the faci!ities are completed.
e, Correspondence.
(1) Floyde Pelkey regarding employment at City,
September 24, 1996
(2)
City of Iowa City
Nancy Footner indicating resignation from
Paae 4
Design Review
Committee. (This position will not be filled. Recently-amended
Design Review Committee By-Laws require reduction from nine
members to seven through attrition.)
(3) Christina Randall regarding Friendship Street/Shamrock Drive
Creek Channel Improvement Project.
Bruce Randall regarding Friendship Street/Shamrock Drive Creek
Channel Improvement Project. (Response memorandum from staff
to Mr. and Mrs. Randall included in Council packet.)
(5) Todd Janus regarding Mormon Trek / Abbey Lane Drainage Issues.
(Response memorandum from staff included in Council packet.)
(6) Cynthia Otis CharItoh regarding Shaw shooting incident.
(7) Leora Raw Houghton regarding Shaw shooting incident.
(8) Sarah Barrash regarding Shaw shooting incident.
(9) David Baldus regarding citizen review board.(/o~, (,j~/(Z)'~
(10) Jim Gilmore regarding Shaw shooting incident (previously
distributed).
(11) J.ohn Nesbitt regarding Shaw shooting incident ~previously
d~stributed)4- / ~ a~,f~da ~c~C ~7~
(12) Civil Service Commission submitting certified lists of applicants for
the following positions:
Clerk/Typist - Solid Waste
{b) Mass Transit Operator
(c) Parking Cashier
(d) ~7e~_J,~Plant Operator
f. Applications for Use of City Streets and Public Grounds.
(1) Wendy Thiessen, Doctors' Ought to Care Dash - September 27, 1996.
g. Applications for Use of City Plaza.
{1) Ann Trimble, Harkin Steak Fry tickets - September 8, 1996.
(2) Susan Craig, "Exercise Your Right to Read-In Day" - October 3, 1996.
September 24, 1996
Additions to Consent Calendar
e. Correspondence.
(13) John Nesbitt regarding Planning & Development (2 letters) and City
Council Campaign for Election 1997. (1 letter)
(14) Bob Leutner in response to John Nesbitt's letter on development,
(15) Dr. Shawn Lockhart regarding the proposed animal control ordinance.
(1 6) Doris Walden regarding exotic animals.
(17) Jo Eland regarding exotic animals.
(18) The Monday Forum regarding priorities for downtown.
(19) Mark Phillips and the Elks Trustees regarding activities at the Elks
Club,
,September 24, 1996 City o! Iowa Cit~
END OF CONSENT CALENDAR,
Pa~e S
iTEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
ITEM NO. 5
PLANNING AND ZONING MA1TERS.
a. Consider a motion setting a public hearing for October 8 on a resolution
approving the City-initiated annexation of an approximate five-acre tract
located west of Dubuque Street and south of the Iowa River.
(ANN96-0002) ,./~
Comment: At its August 15 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
annexation. Staff recommended approval in a report dated August 15,
Action',
b. Consider a motion setting a public hearing for October 8 on an
ordinance amending the Zoning Ordinance by changing the use~,~_
regulations of an approximate five-acre tract, located west of Dubuque
Street and south of the Iowa River, fromm County RS, Suburban
Residential, to P, Public. (REZ96-0016)
Comment: At its August 15 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
rezoning. Staff recommended approval in a report dated August 15.
~4 page 1
ITEM NO.4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/Public discussion for items not on the agenda. I understand there are a few
people here who would like to talk to us about the proposed Animal
Control Ordinance and we will be happy to hear your comments But 1
want to explain to the world who are not here that this is an ordinance that
will have a p.h. in the future and we are talking public comments today
because if people want to comment and I want the people to know that if
they are not here, there will be another opportunity comment on this. We
haven't set the date yet, however. People who would like to talk to us now
should please sign in and try to keep your comments to five minutes.
Jo Eland/820 E. Bloomington. Mayor Novick, members of the council, my name
is Jo Eland. A week and a half ago I was out in my back alley talking to my
77 year old neighbor, not 79, I misquoted her age in the wrong direction,
absolutely. While talking to her, something rubbed by her leg. I looked
down and said what is that. It to me looked like a very large, biggest cat
I've ever seen. She said I don't know. It came back, was making a most
strange sound, beautiful animal. I would guess it to be about 20 pounds. 1
said I think we better call Animal Control. 1 don't know what tiffs is but it's
got a collar on. We are near Governor Street. It appears to be lost. I think
it's important to note that at no point did I feel endangered by this animal
or under attack or even close. I said 1'11 try to lure it into my back yard by
the chain link fence. I opened tt~e gate and said, not exactly here kitty kitty,
but that was shortly after I took my poodles in because I think they
would've been the first course. It was clear the animal was frightened. It
kept running into the chain link and you could hear it bang. And again at no
time did I feel in any danger at all. Marge called the Animal Shelter They
came in a very timely manner. The first question was, was this a ferret and 1
said tell them I know it is not a ferret. This is a member of the cat family.
When the officer came, it was clear and said that you have yoursella
cougar. A cougar's a mountain lion obviously. Right now it is cute and
about 20 pounds. It is wonderful to look at. It has a wonderful coat. It will
grow to be about 200 pounds. It's one of the leading causes of death in
children in the western states because we have invaded their habitat. They
come down from the mountain and they kill people. They're also interested
in dogs and everything else, etc., etc.. They young man that owned this
also had a jungle cat which was earlier escaped and killed on Davenport
Street. In the following up of all this, it's very clear that the young man
admitted that they also have three alligators and two snakes. I have a zoo
out back t?om my house. I don't like that at all Neither do my neighbors. If
this cat right now, 1 do not feel a particular threat from it, it's going to
grow up. My poodles are going to be hots d'oeuvre. Perhaps my 14 month
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old neighbor's going to be the main course. My concern is and I was here
listening to deliberations quite late, that the exotic part of this ordinance
and everything is due process of course but Madam Mayor just announced
trick or treat night. In all honesty I wouldn't want someone trick or
treating in my neighborhood right now. I honestly would not. I had one of
my elderly neighbors call me two nights ago and said, I just came in from
my car which is on the alley and I think ! heard a hiss. Is it one of those
snakes? I said I understand the snakes are about 18 inches long. I don't
think they're capable of being out and hissing at you at this point in time. I
cannot articulately speak to the other clauses that are in the Animal
Ordinance. I leave that for experts far better than I. But for the exotic part
of this, I speak in strong, strong favor of doing something about it in the
immediate future. The other issues that I see, I think that I'm rather certain
that at some point in time individuals representing the people who like
snakes will probably show and say all their snakes are wonderful, but I
remind you that in North English this summer, a python, a very friendly
:~amily python took on a four year old's arm. They could not loosen the
jaw. The frantic father called 91 I. The firemen came and had to chop the
head of that snake off to get that off that youngster's arm. Also you might
remember in the press most recently and I have not had the time to look it
up, I believe it was west, but a family boa constrictor, the family was
awakened in the middle of the night. The boa was wrapped around a
pregnant woman in her bed when the husband tried to get the boa off, it
wrapped around both ofthem. They again had to call 911 and request that
someone come chop the head off that snake in the presence of their
children which I'm sure is providing all of them with unbelievable
nightmares. I could talk on further, but I would urge the Council to act as
soon as humanly possible and legally possible to protect all of our
neighborhoods but specifically mine.
Thomberry/May 1 ask you a question?
Eland/Yes sir.
Thornberry/You say that cougars are the leading killers of small children7
Eland/They are one of the leading of small children in the western state. I cannot
quote that exactly. I requested information from Colorado which I have not
received because I believe that I did read that this summer. You might
remember this summer, a cougar attacked a six year old. The thirty year
old mother of that six year old then went after the cougar to try and save
her son's life. The woman was killed. There is a graphic photograph of that
and I really do wish I had a copy ofthat, of this cougar standing over this
woman. And that's an adult.
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Thornberry/Thank you.
Philip Zell/I'm one of Iowa City's representatives to the Senior Center
Commission. I'm here to let you know that Linda Copping has hired a new
program specialist, Julie Seal. Julie has a Ph.D. in Higher Education and
Administration and prior to coming to her new position she was an
employee of ACT where she was program director involved in planning
both practical and strategic and marketing. Linda tells me that she is
creative, has a lot of energy, is versatile and will do a very good job. The
second thing I have to tell you is that the Senior Center is celebrating its
15th Anniversary. On Friday there will be lunch and fun events. There will
be food. There'll be music. There'll be riots. And you are all invited.
John Balmeft Madam Mayor and members of the council, my name is John Balmer
and I reside at 10 Princeton Court. Two topics that I would like to visit
with you about. One very briefly: I'd like to get your comments regarding
your future discussion about Oakland Cemetery expansion. When you
might be discussing that in the foreseeable future? 1 know there are people
who would like to speak to it on both sides. I happened to appear before
the Parks and Rec Commission which I'm sure you've seen or heard that
they voted against the expansion. I would hope you would have the time to
spend and have some sort of public session because there is a lot of factual
background material that I think is important.
Vanderhoef/Can it be requested that we meet with them in informal so that the
Commission and the Council can talk about it? And so we do need to
schedule that. That was in our packet this evening.
Balmeft Dee, have you had the privilege of having all the information sent to you
that certainly Mr. Dolezal has provided a lot of information. I know he's
talked probably to most of you. He's provided some very good factual
information I think will help your deliberations
Nov/We have received some of his information. We haven't yet received the
minutes from that last meeting And we will be having a discussion, but we
don't know when.
Balmeft There will be a public session I presume
Nov/Mm-huh.
Balmeft And the second reason for appearing this evening is in regard to the recent
tragedy that occurred some weeks ago that was debated here very
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thoroughly and very emotionally September 10. I want to cellainly give my
condolences to the Shaw family. I want to say to you council members, I
emphasize with your role in this issue. You have to be the healers for this
community. I do have to ask though and question some of the actions
taken by you Karen prior to that meeting, sending out e-mail to encourage
active picketing, sign making, protests. It would seem to me you're not
being very even handed and judicious by doing this and it's an affront to
your council, your fellow council members and to the employees of this
city for them to see you in the p.h. applauding speakers to me is
unprecedented. I've never seen council members applaud during a p.h. l'm
concerned about what message that sends to our community that you are
being very objective. And I have to ask you why this occurred.
Kubby/When people speak, there's a lot of people here and people are applauding
at things and I agreed with everything that the person said and the manner
in which they said it, my natural reaction is a way of interacting with people
is to applaud. And that's how I chose to behave that night and I'd
applauded before and other people, 1 have experienced other council
members applaud. I felt comfortable doing that. I've had some feedback
from a few other council members. I've listened to them and in the future,
when there is an issue that is emotional and I agree with everything people
said and the manner they said it, ifI feel like applauding I would in the
future applaud. It's just my way of playing my role in City Council in that
specific instance I felt very comfortable with. And you very obviously are
upset by it.
Balmer/I said the thing is, it's a very emotional time. This council is the one that
conveys the message to the community of healing. That doesn't go along
way towards it. All that does is fan the flames in my mind. I would hope
that would be resisted in the future.
Kubby/I think it's really important that we interact with the community.
Balmed I couldn't agree with you more.
Kubby/And a lot of people are feeling that we for a while have been distancing
ourselves with silence and that part of that healing is to break that silence
because when there's silence, it's a void that's created. It's going to get
filled with something and either it's going to get filled with interaction and
good information or it's going to get filled with stories and gossip and
misinformation. And I think at some point, we've begun to do that, to
break the silence, to begin talking about some issues. You may not support
how I behaved and that's not sort of an unusual interaction that you and I
have.
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Balmer! Oh, really?
Kubby/I feel comfortable with how I do my job.
Balmeft I'm concerned about that issue and how it's perceived by individuals
because, when this comes out over the e-mail about sign making, moving
pickets, going to the council and trying to get on the agenda, coming from
you, you are the elected official. If you were not an elected official, that's
no big thing.
Kubby/I think it's not inappropriate to explain to people that the time of the
meeting that they're choosing to come and speak to is public discussion,
what the dynamic sense-
Balmeft I think you were going beyond that, okay. So that's where you and I will
disagree. That's here nor there. Thank you council.
Nov/Thank you.
Susan
Goodner/Good evening. For the last about 11 years I've been in private
practice in this community as a family doctor. My purpose in being here
tonight is not so much to express an opinion, but to try to clarify some of
the medical issues surrounding one of the animal control issues tbat I
believe you are dealing with and this is specifically the issue of pigeons kept
in residential areas. My interest is primarily in the welfare of one of my
patients, my secondary interest is in the health of the community. Let me
just give this scenario to you. First in September of 1994, this is about
three years ago now, one of my patients came to my office for symptoms of
asthma after being in her backyard and being exposed to a particularly
strong and heavy what she characterized as foul, no pun intended, smelling
air coming from a pigeon coop in the neighbor's yard and over the next
several days she noticed that she had consistent recurrences of these
symptoms if she spent time in her own back yard. I very strongly suspected
that exposure and sensitization to an organic inhalant from the pigeons was
the culprit and I referred her to a specialist in pulmonary and occupational
diseases at the University oflowa for confirmation. Dr. Polk-Mosely who
bas since left the University oflowa to become chairman of the
Department of Pulmonary Medicine elsewhere evaluated my patient and
concurred with my decision. He based this both on the patient's history of
symptom occurrences associated exclusively with her backyard exposures
to the pigeon coop, but also confirmed that with measures of her lung
function both during and between symptomatic episodes to ride some
objective confirmation, also did some laboratory testing to demonstrate the
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presence of antibodies to a fungus that's commonly found in the droppings
of pigeons. His recommendation was avoidance of the offending inhalant
agent and he suggested that perhaps some diplomatic solution to the
problem might be sought and he based this both on his findings and also the
recommendation of an industrial hygienist whose report detailed the
multiple opportunities in this situation for exposure to these airborne
inhalants. These hypersensitivity syndromes associated with pigeons are
common enough to have their own name, Pigeon Breeders Disease, Pigeon
Handlers Disease. There are several levels of symptoms which can be
manifested. Some folks who become sensitized develop an itchy runny
noise, itchy watery eyes, sneezing, much like a typical hay fever sufferer
Iowa might have at this time of year. At the next level of severity are
people like my patient who develop asthma whenever exposed to the
offending agents. Finally, there can be progression to an entity called
hypersensitivity newmanitis and this is an inflammation of the lungs caused
by repeated exposure to these organic inhalants and this disorder can result
in permanent scarring of lung tissue. In this case the inhalants involved are
dried pigeon droppings, cells or dander that come from the feather, the skin
of the animal, and feces from the little mites that live on the birds. It is
important to know that the dried pigeon droppings maybe have as much of
their composition made up of fungi and bacteria and so they are a major
culprit and all of these inhalants aerosolized for rapidly, making something
like a fence a rather impractical barrier. Some studies of some pigeon
breeders done in 1980s and 1990s in Scotland and Spain demonstrated that
up to 30% of people who raise pigeons developed the allergic symptoms
like the hay fever sufferers experience. About 20% will develop asthma and
cough. About 15% will develop a chronic bronchitis and across the studies
somewhere around 10% will go on to develop the most serious
manifestation, that being the hypersensitivity newmaniris. It was also shown
that increasing the exposure time and increasing the number of pigeons or
the number of animals was associated with an increase risk. The folks who
did these studies feel that their studies are probably an underestimate. That
folks who decided to raise pigeons and within a year or two become
symptomatic are probably likely to give up their hobby and wouldn't be
represented in a study like this. Getting back to tire present problem, at this
point my patient is symptomatic whenever she spends time in her backyard
and for her, the risk of continued exposure is progression to a potentially
irreversible lung disease. The medical treatment of choice certainly
avoidance of the offending agent. We really don't have any other good
treatment. And that is my best advice to her but I wouldn't vokmteer to
buy her house. These hypersensitivity reactions that develop after repeated
exposure to these inhalants associated with pigeons certainly don't happen
to everyone but neither are they uncommon or trivial. Her situation is not
just the odd and unusual reaction of one individual but a potential risk for
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anybody that would experience the degree of exposure that her backyard is
allowed to have. I would like to offer to be available if at any point people
on the council or your staff members have additional questions that I can
answer or you want to discuss the medical issues or look at some of the
studies further and I can easily be available through my office. Thank you.
Nov/Thank you. Is there anyone else who would like to speak to council?
John Beasley/321 East Market Street. I will sign your book here. I represent Don
Seydel, the gentleman seated in the back with the striped shirt. He lives at
1345 East Davenport Street. His property would be just north of, I believe,
the patient that Dr. Goodner was referring to. Don has operated a pigeon
loft for approximately 20 years. He first built this loft, he came down to the
city, told them what he was going to do. Said he was going to build a
pigeon loft, got a building permit, built the loft. He put an addition onto it.
At the time he put the addition on he came back to the city, told them
exactly what he was going to do, build a pigeon loft. He has been operating
this pigeon loft for 20 years. It is a hobby. What he does is he mates
pigeons, he raises the young pigeons, he takes them out, he trains them to
fly, to return. He and a group of guys, gentlemen, ill understand this
correctly, hire someone to drive their pigeons into Oklahoma and they tag
the legs of the pigeons and they are released in Oklahoma and the pigeons
fly back to the different owners home. They sit on their back porch waiting
for the pigeons to return Then, with the tagging system, they are able to
determine which bird flew the fhstest. As I understand it and I got my
information from Lisa Goodman, Don Seydel is the only individual left in
the Iowa City area who operates a pigeon loft. The people who preceded
him in this hobby have all passed on ifI have my facts correct and Lisa can
clear that up. He is the only one. Currently he has 32 pigeons. The number
fluctuates anywhere from, and Don may have to correct me, 25, maybe as
many as 50 depending on the mating and how many chicks are born. So the
numbers fluctuate. We are here to request with regard to the provision
dealing with the pigeons, that Don Seydel's pigeon loft be grandfathered in
to exempt him from that 5 pigeon number that I saw. Some legal
background that I think the council may or may not be aware of First of
all, we have already defended successfully a City of Iowa City citation to
Mr. Seydel for him to abate this loft. Apparently, if my recollection serves
me, the claim was that it was an illegal use of an accessory building It was
tried in front of the Honorable Sylvia Lewis. The city was represented by
Anne Burnside. The decision, I want to say it was a year ago. My
recollection is Sylvia Lewis referred to Goosetown and then essentially
through the charge out of court, wouldn't abate. He had been operating for
20 years and the city hadn't met their burden of proof.. The next prong of
this issue that you may or may not be aware of is that the neighbors to the
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south had filed a lawsuit in Johnson County District Court with essentially
two separate allegations. One, they wanted money. They wanted personal
injury damages. The second approach in this lawsuit was that they wanted
the court to enter an order requiring that Don Seydel no longer have his
pigeon hobby. That lawsuit has now been voluntarily dismissed without
prejudice by the plaintiffs who live just to the south of Mr. Seydel. The
concern I have about the way the statute is written is it doesn'thave
language that would grandfather Mr. Seydel in is that the city has taken a
position in regards to a private property dispute. I say it is a private
property dispute because the issue of whether Mr. Seydel's pigeon loft
constitutes a public nuisance has already been dealt with. Apparently Lisa
Goodman announced visit the loft, found that it was not a health hazard.
That is my reading of what she determined. It is my understanding that
Johnson County Board of Health visited the pigeon loft and found that it
was not a health hazard. So what we are talking about is a dispute between
two abutting landowners and I do not feel that it is appropriate for the City
Council or the City oflowa City get into the middle ofthat dispute. The
appropriate forum in my mind is District Court. They have their lawsuit.
The dismissed it voluntarily. The District Court where the issues regarding
whether in fact the neighbor suffers from asthma or Pigeon Breeders Lung,
all the evidence can be laid out, the witnesses can be crossed examined, Dr.
Goodnet can be cross examined, the experts can come in and then the
decision can be made. If you pass the ordinance as it stands right now, in
my mind, Don Seydel hobby of 20 years is in great jeopardy. He will be
stopped in his tracks because all is the city will have to do is show that he
has more than 5 birds and that is not right when man has been having this
hobby for 20 years and there has only been one complaint and we have
already defended it once. I know there are some other neighbors. Mr.
Seydel is seated in the back and they want to talk about their experiences
with the loft. The loft, I think, has been a positive out there for some time.
I understand that Mr. Seydel makes visits to nursing homes, children in the
neighborhood visit the loft. I took my two year daughter there when the
chicks were born to show them to her. So there are a lot of positives out
there and I think the neighbors can speak to the issues regarding their
impressions and how the loft has affected them and the use of their
property. If there are any questions.
Nov/Thanks. If it would be okay with the neighbors, we would like to cluster this
comment on pigeons. Would you be comfortable coming up right now?
You don't have to all speak together. And it would be okay, also, if one
person wants to speak on behalf of everyone. However you feel
comfortable is fine.
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Roger Anderson/l feel comfortable speaking on behalf of myself and my wife. She
wants to say sometiling. I feel comfortable speaking on behalf ofmysel£ I
am Roger Anderson. We live actually at both 1310 and 1421 Cedar Street.
We just moved into 1310 but we have lived at 1421 since 1976. And we
have been in the same subdivision, neighbors with Don Seydel. Some of the
comments previously, the doctor's comments were quite interesting. The
problem of the person who is suffering the asthma was brought up in 1994
and yet Don has had his pigeons for 20 years. We feel very comfortable
with him having the pigeon loft. We enjoy seeing his pigeons fly in
formation. I think it would be very wrong to deny him this fight that he has
had for so many years. He has been excellent in caring for his pigeons and
built them a wonderful loft. It is unfortunate that the people who moved in
later claim to suffer although it would seem to me that if you look carefully
at some of the comment, Pigeons Breeders Disease and so forth, I think
much of that implies being actually in the Iof~, very close and it would seem
to me that by keeping their distance, they should not suffer quite so much.
But any~vay, we enjoy Don as a neighbor. We enjoy his pigeons and I
certainly hope that you take this into account in your discussions on the
ordinance.
Nov/Thank you.
Stephen Vlastos/1346 East Bloomington Street. It is my wife who is currently the
victim of the aft%cts of Mr. Seydel's pigeon coop and that is what I want to
speak to. I want to make three points. I want to address the question of
where does the problem arise from. I want to address the question how can
this problem be solved. I want to address the question why should the
council act not to grandfather Mr. Seydel if there is not a remedy available.
I will not try to convince you ~s Mr. Seydel's attorney has just done or his
neighbor that there is not a serious medical issue. I have supplied medical
reports to you. You have heard Dr. Goodher's interpretation. You know
who developed these findings, the head physician of the Pulmonary Clinic,
University oflowa. You can make your own judgments. ! certainly- If you
are not persuaded, I certainly can't persuade you. Every individual has their
own way of processing facts and medical information. There are, after all,
after 40 years of research, someone estimated $1.2 billion spent
investigating the relationship between cigarette tobacco and lung cancer,
who insist that smoking cigarettes is only a possible cause and not the
probably cause of lung cancer and there are people who are running for
high office in this country who insist nicotine is not addictire. We cannot-
These are decisions which reflect people's individual agendas, it reflects
their own cognitive processes and it is beyond my control. Therefore, I
want to begin with the question of where does the problem come from. It
comes from the fact that tile place where the location of the pigeon coop
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and the size of the operation. When Mr. Seydel was interviewed by the
Daily lowan, roughly a year and a half ago, he reported that there were 62
pigeons. Normal operation apparently is closer to 50. But this is extremely
large operation consistent with animal husbandry as practiced in agriculture
areas but not with our common notions of what constitutes appropriate pet
behavior in a densely settled neighborhood. The location of the coop is five
feet from our property line. The coop runs along the northern border of our
property line, five feet away. There are 3 houses that are located within a
100 feet of the pigeon coop. There is our house, we are the most directly
affected because the ground slopes, we are down hill and downwind from
that coop. The second house is located within 100 feet is the house of our
current neighbor, Cris Carswell and of our former neighbor, Caroline
Corsen, and contrary to what Mr. Beasely has alleged, Caroline Corsen has
on four occasions communicated complaints to the Animal Control Board
or to the City Attorney asking for action to remedy what she perceived to
be a serious nuisance. The Mr. Carswell. I believe, talked to a number of
you expressing his concerns about medical issue and the appropriateness of
the coop. The third house, which is located within 100 feet, is owned by
Mr. Trueblood. His house is, however, up hill and up wind from the coop.
We are the ones who are the direct recipients of all of the airborne material
that is carried by the passive ventilating system of that coop into our yard.
So it is the location and the size. Therefore, what are some solutions. The
obvious solution that we proposed to Mr. Seydel prior to bringing suit in
two letters written privately directed to him was for him to relocate the
coop. 1 want to make very clear to you what we want to see happen. We
do not want to deprive Mr. Seydel of his hobby. What we want is Mr.
Seydel to practice his hobby while we are able to enjoy being in our
backyard, gardening, have our daughter and her friends use her swingset,
sit in our patio and entertain our friends and neighbors without fear or risk
to our health. The solution, therefore, would seem to involve the relocation
ofMr. Seydel's coop. If that coop were located not five feet from our
property line but 50 feet then we would have no complaint. This can be
accomplished ifMr. Seydel were to do what many people do which is to
have pigeon coops confined within their own residences as aviaries or as
closed lofts. We also offered in those private letters prior to bringing the
suit, to pay costs associated with the location in a neighborly gesture to try
to resolve this. We received no direct response, not a letter, not a phone
call from Mr. Seydel. His response has been, I am going to do it my way. If
you don't like it, sue me. Which is exactly what Mr. Beasely advised to
you. There are other possibilities. The coop could be located, again if it is
50 feet from our property line which was the determination of the industrial
hygienist who spent 20 hours at our expense surveying, carrying out the
investigation, recommends as a safe distance. If it is 50 feet away,
particular to the west of us, then the effects that we would experience
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would be that much diminished. It would not be a perfect solution. Dr.
G-oodner has told us that from a medical point of view, it should be
removed from the neighborhood. That would be ideal but we do not want
to have an all or nothing solution to this. What we would like to see is a
resolution to see the council explore with Mr. Seydel a way in which he can
continue to do what gives him such good pleasure but we are able to enjoy
our property without risk. I will not say anything moro about those but I
believe that if there is no remedy that Mr. Seydel is willing to pursue then it
is the responsibility of the council to act on behalf of citizens. It is the
common principles of our tradition as Americans that governments are
instituted to protect the life, liberty, property and well being of its
citizenship. I believe that governments should do as little as necessary to
interfere with people's lives. But there is an obligation to insure that other
people's enjoyment in pursuit of their interests do not seriously,
significantly impinge upon the health, the well being and the enjoyment that
people tightly have as citizens. Thank you.
Nov/Thank you.
Babbs Anderson/Should I just stick this label in here or- Okay. It will take more
space, though.
Nov/That is okay, we have pages to accommodate that.
Anderson/My husband, Roger spoke a little earlier And 1 came to Iowa City
which is a wonderful city, and I just love it, 20 years ago from Munich,
West Germany. I have lived on Cedar Street for 19 years and it is a block
away from the Seydels who are dear friends of ours. In my original home
country there are 100's of pigeon breeders, not only in Germany, in
Belgium, Netherlands, all over Europe and it is a hobby and I have never,
growing up, never heard anybody dying of-
CHANGE TAPE TO 96-112 SIDE I
Babbs Anderson/In the summer time which is probably mostly a more suitable
time, spring, summer and fall. A little lesser in the winter when the climatic
conditions are not so good. Along with the weather reports and the flying
small aircraft reports that also give the flying conditions which are
favorable for flying homing pigeons because this is what they are. They are
taken to a place away from home and then they come home. Actually
homing pigeons go back, way way back. They were even usefi,1 and used in
wars and times when communication wasn't the way it is now and I would
like to say that the Hickory Hill Park was across the street from our front
yard at 1421 and we have hundreds and thousands and birds in the Hickor)'
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Hill Park. As a matter of fact if people use it to go there for bird watching
and it is a wonderful hobby as well and we have now especially more so in
the fall flocks of hundreds, literally hundreds of crows and some of them
are now in our present yard at 1310 Cedar Street and sometimes they are
rather noisy but I have gotten use to them. We enjoy all the wildlife in the
park and actually people have been walking their dogs ever since we have
lived there and I would like to say also that I think the same family has got
several dogs. They walk their dogs in the park and I don't know whether
they do or they do not pick up the dog droppings as a matter of fact.
People have their dogs leave their droppings in our front yard and some of
them still do even at the other house which is much more difficult to
approach. I would like to say that Mr. Seydel has taken up this raising the
pigeons and flying the pigeons as a hobby many many years ago and with
the permission of the City of Iowa City and I think it is not fair that when a
gentleman, who is retired, and he is no threat to any of his neighbors, the
rest of them, that should be taken away from him It is not fair and I don't
think it is also reasonable and what would be next? What other pets would
be taken away after that? I would like you to reconsider and not take this
away from him. Thank you.
Ann Goetz/ Perhaps we should stick together. Good evening. My name is Ann
Goetz. I would like to make two statements. First concerning the wind
pattern, it is very odd that these people live directly south of those pigeon
coops. When as we know by watching the evening news and weather it
goes from the south east to the north east. It doesn't go from the north
directly south And then too it's very obvious that there is a problem with
exotic animals, but pigeons are not exotic animals. Exotic animals are
animals that have not been domesticated. These pigeons have been
domesticated They have been medicated. They are safe and they are clean.
Thank you.
Janet GoetTd l'd like to follow Ann because we're pan of a pair. I also would like
to speak about the prevailing wind patterns of Iowa.
Nov/Would you state your name?
J. Goetz/I'm Janet Goetz I'm sorry. A3~n Goetz' mother.
Nov/Thank you.
J. Goetz/ It's always been my understanding that prevailing winds are from the
south or south west to the north ease or the east. This puts me the second
house down wind which maybe's the way I should sign in. l've always
supported Mr. Seydel's hobby. We've enjoyed it as a neighborhood hobby.
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I'm sorry that Mary Ann Rasmussen seems to have a problem, but when
my asthma is bad, I truly feel that I live with a dog and a cat, and 1 can't
blame outside influences for asthma. Thank you.
Nov/Thank you.
Flora Cassiliano/Hotz Avenue. I've known Stephen and Mary Ann and Gabrielle
for some time. l've also been in their back yard when this, I guess, the
smell identified coming from the pigeon coop. It's on these wonderful
musty warm Iowa evenings that we have and when all smells admittedly are
truly enhanced and there definitely is a smell there and I don't know about
prevailing winds or how it gets there or whatever, but it apparently has
been identified from coming from their pigeon coop or pigeon loft. I enjoy
animals myself. l'm happy for people who can have a relationship with
whatever kind of animal that they choose to and I consider the animals that
we take care of as pets and we owe them an obligation to take care of
them We also have obligations to our community to not have so many pets
that we can't take care of them so that they are harming other people. I
think that a solution to this problem and definitely is a problem because the
Seydel, Mr. Seydel wants to have his hobby and Mary Ann wants to have
her health. I think the solution as posed by the Animal Control Board is to
have a limited number of these birds of these pigeons in the area, and I
guess I think this would really suit everybody's purposes. Mr. Seydel could
continue to have his hobby. He could have his limited number of pigeons
and I haven't heard anything or know anything about pigeons that by
having a limited number, this means that you can't have as much fun with
your hobby or maybe l'm equating that to dogs and cats, but it would seem
to me that this would work very well in cutting down the amount of debris
and droppings t¥om the pigeon area and poses solutions so that the
community can also be protected in the future because I do want to say
that when I first heard that Iowa City doesn't have a regulation that my
neighbor can put up a pigeon coop just five feet from my yard, I was kind
of shocked, and l've only lived here for 15 years but that was the first time
that the situation had come up. My take on it would be that neighbors need
to be respectful of other people's health considerations or just living next
to each other without causing a nuisance. So I would advocate that the
Council at least this part of the Animal Control suggestion of having a
limited number in the pigeon area that that part be acceptable. Thank you.
Josie Henderson/928 Iowa Avenue. Currently l'm a student at Kirkwood
Community Student and the University oflowa. l'm pursuing a Bachelor's
Degree in Biology with emphasis in zoology. 1 hope to go on to the
veterinary school at Iowa State and I also hope to keep my emphasis in
hepatology which is the study of reptiles. 1 have 18 months experience with
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the animal clinic. Four years experience in the pet trade. I have worked
with Arlene Blazack in the area of Wildlife rehabilitation and I've studied
herpatiles or reptiles in zoology most of my life. And I'm just here to say a
little bit about exotic animals. You people are justified in your fears but it is
a misguided and uneducated. One swayed by the propaganda of others in
fear and glory seeking newspaper writers. You are unfortunately not the
only ones with this fear and this is why I must speak up on behalf of those
who own, breed, and sell exotic animals as pets. As with almost anything in
life, there are and have been a few bad apples and unfortunately accidents
have occurred. As is the case with the exotic animals, a lot of attention is
paid to them when they are seen in print and in the newspaper or televised.
How many children gleefully flock to circuses to see the elephants and lions
and tigers. Yet how many get bored with their dog or cat after a while.
How often do we read about a dog attack or a stray that has been picked
up by animal control in the same spotlight and intensity as a boa constrictor
found underneath somebody's house. Which one are you worried about in
finding in your neighborhood the most. It is this fear brought on by the lack
of education that has brought this memorandum to council eyes. It is this
fear that provokes people to harm or drive out of existence many exotic
animals. If you put the bad apples aside and educate yourself about exotic
animals, maybe you can learn to understand the importance in the keeping
and breeding of them. For example, I saw that there were a couple of
things in the memo about breeding and keeping and I wanted to just sort of
educate you a little bit. I am sure some people have done their education as
well. A lot of animals are kept inbred that are in the pet trade nowadays.
Meaning that they are not in contact with the area that they originated
from. Thanks to the keeping and breeding of these animals and having low
mortality rates in offspring, we have insured the existence of many
Appendix 2 species as well as those endangered in the wilds. Like the
animals of Madagascar that have been overly exported in the past, kept of
breeding and keeping has greatly deterred this. It has also been the most
direct and one of the most important means of education for people who
misunderstand and fear these animals. I have used these animals many times
in lectures at the are schools and have seen in the changes of the faces of
the children who have come in direct contact like this. 1 hope, for many
good reasons, that this memo will be greatly revised. There are things that
it stands for that I agree with. But total elimination, strict regulation, and
monstrous restrictions are not the answer. Being realistic and
compromising is. Tlmnk you.
Baker/Before you sit down, were you involved in the discussions at the Control
Board level on this ordinance? Did you have this input earlier with them?
Henderson/No.
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Baker/Would you be willing to meet with Lisa and the Board and go over some of
those?
Henderson/I sure would.
Norton/l think they are meeting Thursday night, aren't you? Is that right? Where
Lisa?
Goodman/6:30 at Coralville-
Norton/That would be very helpful.
Henderson/Coralville City Hall? On Thursday, you said? Okay. Thank you.
Maggie Conroy/I have been a friend of Stephen Vlastos and Mary Ann Rasmussen
for about ten years. My son and their daughter are very old friends and
frequently we have gone to visit them and play at their house and I have
also known pigeons because my brother used to have pigeons and I grew
up with pigeons and I was always aware of the pigeon coop fight at the
edge of the yard. The disturbing thing is the incredible offensive smell that
comes from this pigeon coop and the children are aware of it and they sort
of dash away from it. What concerns me is that it is so close and here we
are in a residential area and I just think that this should be addressed. To
think about the animal control and really the numbers of pigeons. It seems
like up to 50 is quite a lot for that area. Thank you.
Paul Terhaar/804 North Dubuque Street and I guess I just have a couple of
questions here. The gentleman who is having the problem said that he sent
Mr. Seydel a letter which he received no response for. Are you willing to
pony up the cash for having that thing moved?
Lehman/Is this appropriate9
Nov/No.
Kubby/In the past that offer had been made.
Nov/Yes, the offer had been made.
Kubby/And that would be a private decision.
Nov/If you want to talk to him about it, of course you may. This isn't something
that we can answer.
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Baker/What we are saying is this particular forum is probably not appropriate for
exchanges and negotiations between members of the audience. It is for the
public to speak publicly to council.
Nov/Did you have a comment for the council?
Terhaar/ No, I guess not. 1 am in the wrong building.
Jean Rasmussen/I live on Balfour for Street in Iowa City. My sister is the patient
referred to by Dr. Goodnet. My sister has always been a healthy person
since our childhood. She is proactive in caring for her own health but in
these years that she has lived on Bloomington, she has found herself in the
care of several doctors and on very high powered medicines because of the
excrement in the air and in the soil that has seeped into her yard from the
pigeon coop that is directly north of her property. My nine year old niece
and her friends can't play in the backyard because, as they say, it's stinky
back there. And this is a backyard that was designed for the family, the
extended family, friends enjoyment and on which I would like to add that
tens or thousands of dollars have been spent on landscaping, patio, porch
and swingset. Now I have a daughter who is a teenager and she spends one
month of every summer canoeing in the National Forest in
Canada. She sleeps on the ground, she inhales the air up there and she is
unbothered. Indeed, she loves to be in nature. But on many days of the
summer she can't spend ten minutes in my sisters backyard because her
throat, her lungs are irritated and she feels sick to her stomach. Now I, too,
have experienced these symptoms because quite candidly regardless of the
wind, the pigeon coop smells like a giant diaper pail. I ask you to support
the prohibition against the pigeon coop and the dove coop and not to insert
any grandfather or exemption clause. I ask you to carefiflly read, consider
the medical evidence that has been presented to you and consider the
wisdom of other communities that are similar to Iowa City in their
prohibition of these buildings of animal husbandry And I guess in closing 1
would ask you to remember that there is a hierarchy in nature in creation
and human beings should not have to endure sickness and long term health
risks and give up the use and enjoyment of their property because of the
hobby of breeding birds and racing and perhaps even profit. Thank you.
Don Morrisen/I guess my greatest concern with the Animal Control Ordinance as
it was brought to my attention is the lack of enough knowledgeable people
that were included in the writing of the memo that was presented to you on
September 6. I don't feel that people that have the experience of breeding
all of these animals, of raising all of these animals, caring for these animals.
A veterinarian, a herpetologist, a zoologists, I don't think these people
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were consulted at a thorough enough level to present this type of memo. I
do believe there are certain exotic animals that do pose a threat to the
public at large and I doubt if there are very many people who want to
spend the money or have the knowledge to properly house those animals.
But the majority of the animals that are included in this, especially in the
reptile section, are not harmful and I think it is a little ridiculous to impose
a :$15 permit fee for a $5.99 anole. You know, or a $40 corn snake. Most
of these animals are not considered exotic animals except to the people that
are uneducated about them. 99% of all of the animals in the pet store that I
work at are captive bred. They weren't taken out of the wild anywhere.
They weren't collected in anybody's back yard. And anytime we have
people come in and say hey, we collected this animal in our backyard, we
want a set up for it, we discourage them from that. Not only is it illegal, it
is unethical. Nature should be left alone and as Josie said before me, if it
wasn't for the breeding practices of people who really care about the
animals, there are a lot of animals who would no longer be in existence
today. 1 think that a veteri,mrian should have been consulted ~no,'e closely
in this, b~eeders of the difference animals, pet store owners which is
probably going to be affected most by this are pet store owners and their
employees. I know that ira $5 or $10 permit or whatever the price is is
imposed on all animals, sales of animals are going to go down at the pet
store that I work at. If that happens, I would be required to lay off
employees because I am not going to carry the stock that I would normally
carry and I think that a lot of factors just were not looked at when this was
written. I know that there are cases of animals that have injured people.
But I also know that in a lot of times that is because of people's stupidity
and not because the animal was inherently dangerous. I guess that is all I
have to say. Thanks.
Baker/Mr. Motrisen, can I ask you a question please? You work at a pet store?
Morrisen/Yes.
Baker/You have looked at this proposed ordinance?
Morrrison/Uh huh.
Baker/Excluding for the moment the reptile section of the ordinance, when you
look at that list of proposed prohibited animals, do you currently sell any of
those?
Morfisen/The prohibited or the prohibited and restricted?
Baker/Only the prohibited, not restricted.
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Kubby/Do you have any whales, porpoises, aardvarks?
Baker/Monkeys-
Morrisen/Other than the scorpions and the piranha family, serrasalmus, no. Except
for- Albertis pythons. All wild animals indigenous to the State of Iowa.
There are some animals that are indigenous to the State of Iowa that we do
sell. None of them were collected in the State of Iowa. They were all bred
at hatcheries at either California or Florida.
Baker/And you were not involved in the discussion process while this was being
formulated?
Morrisen/No.
Baker/Were you aware of it?
Morrisen/No, I was not.
Norton/Did you go Thursday night to that meeting?
Morrisen/Yes ! can. And that was brought to my attention recently.
Kubby/Although Lisa explained last night that all the pet stores were notified of
this and there may be some problem why you didn't get that but that--
Morrisen/I didn't find out about this until Channel 9 news came into my store to
interview me and my wife.
Kubby/ We need to make sure you're on the list but for this general discussion it's
important for me for people to know that Animal Control director and
Advisory Board didn't notify pet store. They need to make sure the list is
still.
Norton/Would you have any list ofprohibited animals?
Morrisen/Do I have any?
Norton/Would you subscribe to any?
Morrisen/Oh yes. Definitely. I don't think--
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Norton/There is a list you can compare with this one. Do you think there is such a
thing as a restricted set where a permit is required and an inspection?
Mordsen/Yes.
Nonon/But within that, you think there ought to be some distinctions about for
example chameleon?
Motrisen/Yes.
Norton/Reptile for which you would not have to have a $15 permit as you say
maybe for a $5 chameleon.
Morrisen/Correct.
Thomberry / Chameleons are five bucks?
Norton/I have a fondness. My kids used to let them crawl all over them. In
Africa, Chameleons are very prominent because they eat the mosquitoes so
you just let them crawl around on your walls
Motrisen/Actually those are from Florida.
Nov/Thank you.
Rena Kelley/ I own a pet shop here in town. We opened last year so we're kind of
new at this. Before I open I did a lot of studying, a lot ofbreedlng. I got to
know a lot of people in the breeding. I basically practice what I preach. I
believe that there are restrictions that need to be on some exotic animals
but I feel before you can make a restriction, you have to know everything
that's involved. I agree with a lot of the people who have spoken here
tonight that the people, I never got any notification at all whatsoever and
I've been to the Animal Control office and they've been in to see me so
lack of communication, lost in the mail, whatever. I wasn't notified about
any of this. I do sell some of the animals on the list. The D'Albertis Python,
I wouldn't have a problem with. I don't sell anything venomous other than
maybe a scorpion every now and then, you know piranha every once in a
while, but we keep them (can't hear). We let people know what's involved
in their care. When people cotne in to buy a reptile it's not a right spur of
the moment thing. People usually look into it, if not we like to educate
them before we sell them to them. It's not good for anybody to get
something that they don't know what they're doing. I think everybody in
town feels that way if you're going to have a pet you should know about it.
People don't go out you know you're not required to buy a puppy book
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before you buy a doE that ify0u've in your best judgment it's probably a
good idea. I breed some of my own animals that I sell in my store. We take
some of our animals, we have a six foot iguana that we take to all of the
schools. The kids love it. He loves them. He sits around on the floor. They
all pet him. We try to help out the school system in any way possible. We
do birds. We do reptiles. I think ifyou're going to put restrictions and
require a permit like Don said on a (can't hear) that sells for $5.99, it's not
going to sell if you have to spend $15 to get a permit before. I think if
you're going to get an animal, most responsible individuals and people do
some checking before they get into anything. Most people who have a dog,
didn't go out and just pick up any old dog. They've studied a little bit.
They know what they want. The same way with a cat. People do that with
reptiles and birds, small animals. 1 raise hedgehogs. Hedgehogs is on the
restricted list as being dangerous and you know most hedgehogs they'll spit
on you. They might poke you with their quills but they aren't going to
chase you around, attack you, and harm you very badly. I think if I do
agree that we need certain things but I think it really needs to be looked
into more. I mean we need more qualified people available for this because
as it stands right now, you'll put me out of business for one thing. I don't
have a staff. Me and another person run the store and we work offa
volunteers. Our volunteers come from the local high schools, the local
junior highs, people in the community who want to learn more about the
animals mid more about what their needs are and so that's how we run
right now. Granted we wouldn't put any employees out of business but I
think we'd limit our community to what we offer them and if we start
limiting them to what they have the ability to learn then we limit ourselves.
And I think this is something we really need to look at and we need to
really watch where we step here. And that's basically all I have to say.
Kubby/What are you doing Thursday at 6:30?
Kelley/I'd like to be at a meeting.
Kubby/Hope you can make it.
Kelley/Okay.
Anna May Miller/I live at 1333 Davenport Street, two houses from Mr. Seydel.
My husband and I have lived there for 22 years. Our children have grew up
there. Before the horse that Steve and Mary Ann live in, it was a vacant
lot The house, the lot between Don Seydel and our home was vacant. And
our children used to play in this area a lot before these houses were built.
I'd like to tell you that I'm sorry my daughter can't be here. She's an adult
now, but she's very irate over this whole thing with the pigeon lott. She has
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multiple airborne allergies and at no time in tile 22 years we've lived in the
home have Don's pigeons causes her a problem. And this was even as a
child when she was playing in the vacant lot or playing on the dirt piles as
they were building there. I have never in the 22 years been bothered by
Don's pigeons. No smell, noise, anything else. And for you not to
grandfather this in for him would be very wrong. It seems very ironic to me
that we could be in the neighborhood for 22 years, have a daughter who
has multiple allergies, had played around the pigeon coop. The Seydel's
daughter Cathy used to baby sit for our children. They were up there many
many times. There was never a problem until Mary Ann Rasmussen moved
in. And I just can't believe that there's a problem now. Thank you.
Jessie Singerman/ I wanted to talk about the pigeon coop. It seems to me there
are just too many pigeons in it. It does smell. I have smelled it. I am a
Mend of Steven and Mary Ann's and I have a dog. I walk by there a lot
and I have smelled it. But the major issue it seems to me is health related.
The reason we do research on disease is because it's very hard to notice the
connection between cause and effect. That is why researchers research. It's
very difficult to just observe over time the effect of these things. And there
are advances every year in understanding about cause and effect and
disease. Not everyone will react to pigeons but in the study that Susan
cited, 30% of the people who were exposed repeatedly did react and 10%
of them if I remember what she said had permanent lung damage. And
that's something that's come out of the research that was just completed
fairly recently. It's probably always been happening. We just haven't had
the information. Not everyone reacts to all things. I have asthma. I don't
react to dogs. I don't react to walking around birds in the park., but I have
had a reaction to the pigeon coop next to Steven and Mary Ann's yard. So
these things are different in different people. It seems to me that the coop is
too close to the property line. It could be solved by moving it or by
reducing the number of pigeons in it. And that way Mr. Seydel could enjoy
his bobby which I think we would all like to have him continue to be able
to enjoy his hobby. And a potential health risk could be eliminated from the
neighborhood and Mary Ann could continue to have her health which I
think is also important for all of us. Thank you.
Nov/Thank you.
Mary ~n Rasmussen/Well I just got done teaching Nathaniel Hawthorne's The
Scarlet Letter. l'm Mary Ann Rasmussen and I feel that I've been branded
with the A here of acrimony and asthma and I'm hoping that like Hester
Prine at the end of Scarlet Letter I can transform this A into something like
amiability and acknowledgment my speaking here tonight about my
situation. I just want to start out by saying that it's really incredibly painful
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for me to have to speak tonight in defense of my right to breath clean air,
to use and enjoy my backyard in the spring and the summer months as
many do in our garden loving community. And most particularly to defend
my right to good health. And I've come here tonight to say again, to
reiterate that we've tried for the past 2 1/2 years to come to a fair and
neighborly solution with Mr. Seydel, but unfortunately to no avail. A
solution which addresses both the real odor and health problems that his
coop has caused us to our great unhappiness. And his intense desire to
continue his much loved hobby on his Davenport property. We believe that
there are solutions possible and we have named them and we hope that
they can be achieved but to accept the status quo, to continue things as
they have been as some here tonight would have us do is to deny the truth
of our experience and the testimony of those who have spoken tonight both
about the seriousness of the health issues as they are changing my life in
frighteningly negative ways and about the pollut ion of our living space by
pigeon excrement and pesticides. There is much to be admired about Mr.
Seydel's hobby. There's the craflmanship evident in the coop he himself
built and the love and attention he devotes to his pigeons. And when you
visit his coop as some of you I know have done already, these things will
not escape your attention. But I wish also for you to revisit with me tonight
some of the days marked with a bold black X on ~ny calendar this year such
as the week of July 7 when the combined odor of ammonia and Malathion
was so strong in my yard that we couldn't open our north windows or the
screen door to my study. This on days when the temperatures were so
pleasant that we were the only ones in our neighborhood to have our house
shut up and our air conditioner going all day. Or to revisit with me if you
will my spring break of March, 1995 when trying to get a hold of what was
happening to me I spent the majority of the week in the Hardin Health
Sciences Library working with one of the reference librarians on the
Medline. This incredible computer based databank into which we fed key
words pigeons and diseases in humans and were presented with over 20
books and articles, some written in the last ten years, many describing the
risk to pigeon breeders and those who live with or around them of
moderate to serious illnesses from sinusitis~ to chronic bronchitJs~ to airway
passage constrictions, to a very scary sounding pneumonia called pigeon
breeders disease, a disease I read which was more likely to develop in
people like me who are showing signs of sensitization to the allergens
associated with pigeons. The important thing I'm asking you to remember
tonight is that you cannot really understand why we are here and why we
have spent so much time and money trying unsuccessfully to achieve a
solution unless you revisit this history, the worst moment of which for me
was in early September of 1994 when after standing for only a few minutes
in a cloud of pesticide and dust on a hot, damp August night, I experienced
a very scary airway constriction that felt like a knife going through my
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lungs. Nothing like this had ever happened to me before anywhere or any
time. And I've lived in some pretty polluted places: Los Angeles, Tokyo,
five months in Tegucigalpa, and that was very polluted, believe me. And
nothing like this had ever happened to me before. I'm not an asthmatic. It
was then on the urgent advice of my physician Doctor Susan Goodher that
I made an appointment with a specialist in the Pulmonary Clinic at the
University Hospital and ! began to find out what was happening. When we
bought our house on Bloomington Street not knowing of the pigeon coop
and we landscaped the backyard from muddy weedy field into lawn and
play area and garden, we were putting our selves at risk and yes we
changed the dynamics of the neighborhood. I know that makes some
people unhappy. What I ask of you tonight is to put yourselves in our
shoes. lfyour loved ones were put at risk in this way, would you act? If
animal breeding practices of your neighbor were impinging on your right to
the use and enjoyment of your property, wouldn't you complain? Do you
really believe that a pigeon coop of the dimensions of Mr. Seydel's with
sometimes over 50 pigeons is not capable of producing noxious odors on
hot humid summer nights or warm damp late spring days? Or when the
north winds blow hard in may that bacteria and allergens are not being
blown into our backyard? I invite you all to read the books and journals
that are available through the Health Science Library and through inter-
library loan from veterinary colleges, to speak to Dr. Goodher, to speak to
our friends, to my family, to all ofthose who have called you in concern
about my health and our families well being. For only by speaking to them,
to us, will you understand why we are here and only in dialogue with each
other are we going to find a way out ofthis morass. Thank you.
Nov/Thank you. The man in the orange shirt who has been trying to speak to us.
John Kramer/1409 E. Davenport. As a neighbor of Don and June and also of
Steve and Mary Pain I felt some obligation to speak. I'm probably going to
take less of a side than anyone else tonight, partly because I get along with
both couples quite well. When Steve and Mary Ann were adding, putting
an addition on their house, we negotiated a land alteration quite easily. We
also get along very well with Don and June. And l've seen both couples
suffer tremeadously from the pain of this whole process. The only thing l
feel certain about is ifany good is to come of this, 1 hope that it will help
give rise to a reasonable and fair ordinance. Thank you.
Nov/Thank you.
Terry Trueblood/Somebody stole the sign in sheet. 1339 E. Davenport. I am the
next door neighbor of the pigeon lot~ and I won't take up much of your
time. I wouldn't dare. But I am here to tell you tonight, I'll reserve most of
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my comments for p.h. when that happens but I am here to tell you tonight
that we have lived next door to the pigeon Iof~ 10 years, a little over 10
years. The winds do blow in our direction occasionally. When we
purchased our home a little over 10 years ago, we did as most people do.
We looked through the house thoroughly. We walked around the outside
of the house. We looked at the yard. We looked at the neighboring
properties. And we did indeed notice a pigeon loft. So we asked the people
whom we were buying the house from whether or not they had ever
experienced any problems, odor, anything like that and they indicated, no
they hadn't. If we had a concern, we wouldn't have bought the house. We
didn't have a concern and in the 10 years we lived there, we have not had
one problem from the pigeons, no odor, no noise, not even a feather in the
barbecue grill. That's all I'm here to tell you. If you have any questions, I'd
be happy to answer them.
Sara Kimble/521 Kirkwood Ave, Apt. 8. I house sat for Steven and MaN Ann
Vlastos for about ten days in August in 1995. And every time I went out
into the backyard to weed and to water the garden, 1 smelled a pungent
ammonia odor that permeated the entire backyard. It was very unpleasant.
And the smell was coming from the pigeon coop What concerns me even
more than this unpleasant odor that I noticed was that I understand that
there are large concentrations of Malathion which is an insecticide which
are being used on the pigeon droppings and I'm worded that this
insecticide is a serious health hazard for the community of Iowa City. And I
want to urge the City Council to regulate the keeping of pigeons to help to
bring a solution to this problem. Thank you for your time.
Nov/Thank you.
Dr. Shawn Lockhart/I'm here to talk about the animal ordinance today and I feel
that my comments are pertinent now before we get the final copy of the
ordinance written than they would be in two weeks when we have the final
copy. What I'd like to say is that we have to be very careful what we define
as an exotic animal. If you want to get technical, an exotic animal ~vould be
all the birds that we have now, all the parrots, most of the fish that you find
in a pet store, hamsters, gerbils, all the things that our kids had, I myself
had as a kid when I was young. These are not the kind ofthings that I think
we intend to either outlaw or restrict. I have a Ph.D. in molecular biology
and my initial interest in science came with the collection of animals when I
was kid. I collected frogs, salamanders, and garter snakes. And I know
there are a number of people in Iowa City and all over the United States,
kids that go out and collect garter snakes in their back yard and that's how
their initial interest in animals start And incidentally it's not a protected
animal in the state of Iowa. And I think this law doesn't have any intention
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to make law breakers out of these types of people and that's exactly what it
would do. Any kid that goes out and collects a garter snake in his back
yard, if he didn't apply for the $15 permit, would be a law breaker. ! think
that's a bad precedent to set. So what I would like to propose is that along
with any prohibitions and restrictions that we enact, we also enact
exemptions: animals that are neither pose any danger to the public in
genera and are not hard to care fbr so that we not only are protecting the
citizenry but we're protecting the animals themselves. On Lisa's behalf, she
did contact me this morning and asked me as a semi-professional to come
to the Animal Control meeting and help her work to make a presentable list
of animals and I think that's one thing that we will be able to accomplish.
I'd also like to say to the council members that l had a letter handed out
last night with my name, telephone number, fax number, e-mail address,
and I would be very happy to answer any questions that anybody has,
especially about reptiles and amphibians. My background includes
maintahfing literally hundreds of animals in captivity over the many years of
my life, maintaining a professional collection at the University of Kentucky
while I was a teaching assistant there working on my Ph.D.. And I'd like to
offer my assistance to both the council and to Lisa in making a law that is
both reasonable and enforceable. Thank you.
CH.~,IGE TAPE TO REEL 96-112 SIDE 2
Mike Hajdu/ 324 N. Lucas Street and I am also talking about the same thing my
buddy Shawn there is talking about. And you know, it is one of these
things where, you know, 1 understand the theory involved here but I am
not sure that anybody that knows anything had anything to do with coming
up with this plan. Does anybody up there know what the most dangerous
pet is in this town or this country? Want to vote? Does anybody have a dog
up there. Far and away the most dangerous animal in North America is the
dog. More people die from dog bites than from any other domestic animal
What is the most dangerous animal from a health care point of view? 1 am
almost done with a medical degree here. 1 am qualified to state it is the cat.
Cat scratch fever. You know, or dogs, they carry parasites. Do you want,
you know, make people have home inspections for their dog. 1 mean, if you
are doing it for the safety standpoint, that is what you need to regulate.
You know, you make them buy tags, nobody comes to your house and
checks on their dog and I can't believe that you think it is a good idea or
anybody would even consider it is a good idea to have somebody come in
my house and inspect it for the quality of keeping a lizard or a snake. You
know, I mean, in other words, if you come and inspect it for my dog, you
know, then you can come in and inspect it for my snakes, you know. But
not until- I mean, the dog is obviously a more complex animal. It has much
higher levels of care needed for it. You can leave a snake for a week with
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no problems and I question whether or not- Shawn there has a Ph.D. I got
a Ph.D. Most people that keep snakes in this town as it tums out and most
of the bartenders have Ph.D.s in this town. So it doesn't mean much but
the fact is they're fairly qualified to keep snakes. I don't think that our
animal control officer is qualified to tell me how to keep a snake. I
guarantee you we can have any kind of test you want. I will go head to
head with her, Lisa who knows the most about it or Shawn or I mean, the
pet shop owners have a lot of experience, too. And now you got somebody
that knows nothing trying to tell a bunch of people that know a lot how to
do their business. It is just not a good idea. And you want to have people
coming into people's homes and inspecting it. If you want to inspect for
mountain lions or rattlesnakes, I am with you. You know, let's be real
careful here about trampling on people's civil liberties and their right to
keep pets and as he points out is the reason there are scientists in this
country, the ten of us that are left, is because we had snakes when we were
kids. You know there is no money in this job. You know, you can't earn a
living. That is why all of the bartenders have Ph.D.s because they make
more money bartending And you need somebody to take their place. You
know, and that is how you get them. You get these little kids to have frogs
and toads and stuff. But you get some person tromping through their house
telling them that their toad isn't well kept. You know, it is the end of
science and the end of civil liberties. I think this is a really bad idea. You
know, if you have got a problem with a pigeon coop, sounds to me like
you need two lawyers and a judge. I am not sure you need the City Council
for that. Thanks.
Nov/Thank you. Is there anyone else who would like to address the council?
Okay.
Lisa Goodman/ I will very quickly- Lisa Goodman, Animal Control. I would like
to invite anybody who is interested in the audience or if you know of
anybody, come to the Animal Control Advisory Board meeting on
Thursday, 6:30, Coralville City Hall and I will talk about it.
Thomberry/One question ifyou would just have it off the top. Could you tell us
any of the people who were on the committee that drafted this proposed
ordinance.
Goodman/Myself. We have a veterinarian on the Advisory Board. We also had
other people show up to the Advisory Board meetings who were invited
who claimed to at least have specialties in different fields. Some were
related to reptiles, some to birds, some were pet shop owners. Doesn't
mean we can't hear more.
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F092496
#4 page 27
Thomberry/You probably will.
Cynthia Larson/I am just speaking on general public. I happen to volunteer at the
Aquatic Dock, some I am learning a lot about your reptiles and birds and
so forth. Reading through this in random there seems to be some questions.
The renewal fee should be every year. That is a lot of money when you
start talking about little animals. I like to know from the general populous
speaking what is that money going to be used for. On a yearly basis, you
are talking a lot. I would also like to know if at this time, current staff at
the shelter, do they really have the sufficient knowledge to put this through
and also I really believe that this should be made, like put in the paper or
something like that so that everyone in the community can see what is on
because it just doesn't affect your lizards and so forth. You are talking
about your other animals. You know, I have five children so therefore we
have accumulated some ourselves. It just seems to me that it is an awful lot
of money and a lot of people are getting up here and speaking how they
want to change this and change that. But there is no way to really regulate
it with the current staffat the shelter. There is also one other item in here
about leaving. Permittees shall not allow any animal to be kept without
care control in access of 17 consecutive hours. Well, all of us have gone on
vacation at one time or another. If you have a cat or a dog, you know, you
are going to leave them with a neighbor or have a neighbor come in an
check on a cat, leave it some water, some food and so forth. This would be
in violation if it is at this point. Some animals should not be left alone but
some of the points that are brought up in the permit rules and regulations
are ridiculous. That is all I have to say.
Nov/We hope you will come to the meeting.
Larson/We will be there.
Nov/Also I should say the amount of the fees have not been set yet. So please put
in your requests and what amounts sound reasonable. Is there anyone else
who would like to address the council on any topic? Okay. We are going to
close public discussion. We are going to take a short break before we
proceed with the agenda
This represents only a reasonably accurate transcription of the Iowa City
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F092495
,September 24, lgg6
City of Iowa City
Pa~e 6
Consider an ordinance amending the Zoning Chapter by amending the
Conditional Zoning Agreement for WestPort Plaza to eliminate the
requirement for a "cohesive, integrated development," and to remove
the requirement for the facades of the buildings to provide "horizontal
continuity," for property located in the CC-2, Community Commercial
zone at 855 Highway 1 West, {Second consideration) {REZ96-0010)
Comment: At its May 2 meeting, by a vote of 6-0, the Plannihg 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 let'ter dated
May 29, 1996, the applicant (Staples, Inc.) requested Council
consideration of this item. In a letter dated September 16 (included in
Council p. acket), the applicant requests expedited conside~ation.~f this ~,/.
Consider an ordinance vacating the portion of St. Matthias' Street
{formerly known as St. Matthies' Alley), right-of-way located north of
Dodge St. and St. John's Alley, located between St. Clement's Street
and St. Mat'thias' St. (VAC94-0004) {First consi(~eration) ~ /~
Comment: At its May 16 meeting, the Planningand 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.
Consider an ordinance vacating a portion of Lee Street, an undeveloped
right-of-way located between River Str,~et and Otto Street.
{VAC96-0001) {Second consideration} ~t~,v
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.
$5c page l
ITEM NO.5 ?LANNING AND ZONING MATTERS.
c. Consider an ordinance amending the Zoning Chapter by amending the
Conditional Zoning Agreement for WestPort Plaza to eliminate the requirement for
a "cohesive, integrated development," and to remove the requirement for the
facades of the buildings to provide "horizontal continuity," for property located in
the CC-2, Conummity Commercial zone at 855 Highway I West. (Second
consideration) CP, EZ96-0010)
Nov/ (Reads agenda)
Moved by Thornberry, seconded by Norton (to waive second
consideration). Is there any discussion?
Baker/I wish you all had said you are going to do this before you went through
the whole motinn because I am not going to vote to collapse this reading.
Thornberry/Okay.
Nov/is there anyone else who wants to vote no on collapsing the reading.
Kubby/Well, I want to but I am not going to. There are times that obstructionism
is a good thing. If there was some chance of doing things differently with a
short term obstructionist action, 1 would do it But this is an eventually and
I prefer to vote a couple of more times no on this because I feel real
strongly that we are allowing Wal-Mart to dictate our planning strategies
and I am very much against that but I won't do that in this case.
Nov/Okay. Any other discussion.
Kubby/Sorry, Larry.
Nov/Roll call- (yes. no: Baker).
Moved Thornberry, seconded by Lehman that we give this ordinance final
consideration. Any discussion?
Kubby/I will save my obstructionist tactics for something that has more meaning
for me.
Lehman/Or more of a chance.
Nov/Okay. Roll call- (yes. No: Baker, Kubby). Okay. This ordinance passed on a
vote of 5-2, Kubby and Baker voting no.
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F092496
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page 2
Moved and seconded (Kubby/Lehman) that we accept correspondence. All
in favor, please say aye- (ayes).
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F092696
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ITEM NO.$ ?LANNING AND ZONING MATTERS
d. Consider an ordinance vacating the portion of St. Matthias' Street (formerly
known as St. Matthias' Alley), right-of-way located north of Dodge St. and St.
John's Alley, located between St. Clement's Street and St. Matthias' St, (VAC94-
0004) (First consideration)
Nov/ Moved by Lehman, seconded Norton. Discussion.
Lehman/Well I think it is important to point out that although we are moving first
consideration, that this depends on an agreement acceptable to Hometown
and the City of Iowa City regarding the value of these properties. We are
just moving the thing along.
Nov/Right. And we will delay third consideration and final consideration until and
unless we get something that we consider worthwhile. Right? Okay. Any
other discussion? Roll call- (yes). Okay, this first consideration has been
approved on a 7-0 vote.
This re~resents only a reasonably accurate transcription o~ the Iowa City
council meeting of september 24, 1996.
F091496
September 24, 1996
City of Iowa City
Pale 7
f$
Consider 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. (Second consideration}
go
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.
,t,on:t p
Consider a resolution approving a final plat of Galway Hills, Part Three,
a 21.29 acre, 83-1ot 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 September 10.
Consider a resolution approving the extraterritorial final ~pl~t ~ -
Woodland Ridge, Part One, a 55.95 acre, 19-1ot residential subdivision
located east of Dane Road at its intersection with Osage Street in
Johnson County. (SUB96-0017)
Comment: At its August 15 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approvaJ of the final plat of
Woodland Ridge, Part One, 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.
f5g page 1
ITEM NO.5 PLANNING AND ZONING MATTERS.
g 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/ This is something we need to defer to October 8.
Moved by Lehman, seconded by Kubby that this be deferred. All in favor
please say aye- (ayes). Okay, motion carried.
Moved by Kubby, seconded by Norton that we accept correspondence. All
in favor please say aye- (ayes). Motion carried.
Kubby/Do we have any indication that this will be resolved by the next meeting?
This is kind of one of those things that has been going on and on.
Mitchell/Right. Chuck Mullen has asked to speak before the council at your next
work session and so we hope to have it resolved by the next council
meeting.
This represents only a reasonably accurate transcription of the Iowa City
council meeting of September 24, 1996.
F092496
September ~4,
ITEM NO. 6
1996 City of Iowa City Page
PUBLIC HEARING ON THE CITY'S SUPPLEMENTAL COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) GRANTEE PERFORMANCE
REPORT FOR FISCAL YEAR 1996.
Comment: Iowa City is required to prepare a Supplemental CDBG Grantee
Performance Report for fiscal year 1996 in order to assess the City's
performance. Public input is required and any comments received will be
addressed in the document that is submitted to the U.S. Department of
Housing and Urban Development.
Action: ~_~ ~'~-~ ,~~
ITEM NO. 7
ITEM NO. 8
PUBLIC HEARING ON THE CITY'S COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) GRANTEE PERFORMANCE REPORT FOR FISCAL YEAR
1996.
Comment: Iowa City is required to prepare a CDBG Grantee Performance
Report for fiscal year 1996 in order to assess the City's performance in
relation to the one-year objectives set forth in the FY96 Action Plan that is
a part of the City's 1995-2000 Consolidated Plan. Public input is required
and any comments received will be addressed in the document that is
submitted to the U.S. Department of Housing and Urban Development.
Action: "~ ~ ~)o~ ~-~.
THE CITY OF IOWA CITY CONSOLIDATED PLAN (AKA CITY STEPS)
ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1996 AND
AUTHORIZING THE CITY MANAGER TO SUBMIT SAID REPORT TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Comment: Iowa City is required to prepare a Consolidated Plan Annual
Performance Report (APR) for fiscal year 1996 in order to assess the City's
performance in relation to the objectives set forth' in the FY96 Annual
Action Plan that is part of the Consolidated Plan (CITY STEPS). The
Housing and Community Development Commission held a public hearing on
September 12, 1996; no public comments were received. In addition, the
Housing and Community Development Commission recommended approval
of said report.
a. PUBLIC HEARING
Action:
CONSIDER A RESOLUTION ADOPTING
~? l~age 1
ITEM NO.7 PUBLIC HEARING ON THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) GRANTEE PERFORMANCE
REPORT FOR FISCAl. YEAR 1996.
Nov/ P.h. is open. Okay. P.h. is closed. Is there any comment from the City
Council on this document?
Norton/I just have a couple of quick questions. I noticed the listing of the 33
houses in Whispering Meadows. Are they sold, are they vacant? What is
the status of those houses?
Kubby/The Housing Authority. They are filled with people.
Nov/They are rented I think.
Norton/Are they all rented, full? Okay.
Kubby/And landscaped.
Norton/I also just want to comment that many or several of us were at the
Pheasant Ridge facility. The neighborhood center at Pheasant Ridge had an
open house recently to celebrate their completion. It is really an impressive
unit.
Nov/Yes.
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$S page 1
ITEM NO.8 THE CITY OF IOWA CITY CONSOLIDATED PLAN (AKA
CITY STEPS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR
1996 AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID
REPORT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
b. CONSIDER A RESOLUTION ADOPTING
Nov/Moved by Kubby, seconded by Lehman that we adopt this report.
Discussion.
Kubby/For me this report is not only good in fulfilling our obligation so that we
can get money. But it is a good reminder of all the things that we are doing
in town. Sometimes I get real frustrated that we are not doing enough
about housing issues and after reviewing that report, it is a good reminder
of all the different sectors of the community that are involved and how can
we challenge ourselves for more partnerships and maybe more sustainable
and long lasting partnerships to create long term affordable housing in
Iowa City which is quite a challenge. So I appreciate all the work that goes
into this report, not just the reporting procedures but as a good reminder
and education of me about all the things that we are doing.
Nov/Yes, I think we are really doing a lot in that area. Considering how much
money we have spent, I think we have spent it very wisely. So, any other
discussion.
Thornberry/Some we have spent wisely and some I tlfink we need to revisit and
again, I wholeheartedly concur that we need to help individuals keep a roof
over their head. But as far as what we offer them as far as that roof is
concerned, I still want Iowa City to be out ofthe housing business. The
business of owning and keeping up houses.
Nov/Anything else? Roll call- (yes). Okay, resolution has been adopted.
This represents only a reasonably accurate transcription of the Iowa City
councll meeting of September 24, 1996.
F092496
SePlomber 24, 1996
City of Iowa City
PaKe 9
ITEM NO. 9
CONVEYANCE OF A FOUR-FOOT WIDE TRACT OF LAND FROM THE
NORTHERLY PORTION OF SHAMROCK PLACE APARTMENTS,
3501-3660 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 foursfoot 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 propercy, 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. The public hearing is required by state law.
After the public hearing and due Council consideration, this resolution
authorizes conveyance of the property to the Court Hill Owners
Association. This conveyance is subject to the Court Hill Owners
Association submitting a plat of survey of this property as required by Iowa
law to the City Attorney's office no later than October 15, 1996.
Otherwise, staff recommends we start over and assess the costs to Court
Hill. This item was continued from August 6 to enable completion of the
plat of survey.
PUBLIC HEARING
Action:
CONSIDER A RESOLUTION AUTHORIZING
ITEM NO. 10
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3, ARTICLE
B, ENTITLED 'PROJECT SPEClRC TAP-ON FEES," TO CLARIFY THE
NOTICE PROCEDURES REQUIRED FOR THE ADOFTION OF A PROJECT-
SPECIFIC TAP-ON FEE. (FIRST CONSIDERATION)
Comment: The City Code currently contains enabling legislation which
outlines the specific notice procedures required for the adoption of a
project-specific tap-on fee. The proposed ordinance clarifies the current
notice and due process procedures by providing for more readable maps.
$9 page 1
ITeM NO.9 CONVeYANCe. OF A FOUR-FOOT V~DE TRACT OF LAND
FROM IH~ NORTHERLY PORTION OF SHAMROCK ?LACE
APARTN~NT$, 3501-3560 SHAmrOCK PLACE, IOWA CITY, IOWA, TO
TH~ COU~T H~L OV~N~R$ ASSOCIATION.
Nov/The p.h. is now open. We still haven't got anywhere on this?
Dennis Mitchell/We just received the platted survey yesterday. So we are ready to
move forward on this.
Nov/Okay. Very good.
Kubby/And is $2600 a fair market price?
Mitchell/Yes it is. I think they had initially come forward with a certain amount
per acre and I think the council had suggested $2600.
Thomberry/The council suggested lhlr market value.
Mitchell/Okay.
Thomberry/And ifa survey- Ira appraisal was done on the property and that is
the figure.
Nov/Is there anyone from the public who wants to comment on this item? P.h. is
now closed. We need a motion on the resolution.
Moved by Lehman, seconded by Norton. ls there any further discussion by
City Council? Roll call- (yes). Resolution has been approved.
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F092496
#10 page 1
ITEM NO. 10 CONSIDER AN ORDINANCE AMENDING TITLE 14,
CHAPTER 3, ARTICLE B, ENTITLED "PROJECT SPECIFIC TAP-ON FEES,"
TO CLARIFY THE NOTICE PROCEDURES REQUIRED FOR THE
ADOPTION OF A PROJECT-SPECIFIC TAP-ON FEE. (FIRST
CONSIDERATION)
Nov/ Moved by Lehman, seconded by Norton. Discussion.
Lehman/I just have one question. This changes nothing, just clarifies what we
have now?
Mitchell/Correct. Basically the only change is that we are going to be putting out
more readable maps than we do currently.
Lehman/Okay.
Nov/Any further discussion? Roll call- (yes). First consideration has been
approved.
This represents only a reasonably a¢¢urato transcription of the Iowa City
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,September 24,
ITEM NO. 11
ITEM NO, 12
1996 Cit}, of Iowa Cit~ Pitlie 10
CONSIDER A RESOLUTION AUTHORIZING THE AIRPORT COMMISSION
TO PROCEED WITH DEVELOPMENT OF PLANS, SPECIFICATIONS, AND
FORM OF CONTRACT TO CONSTRUCT ADDITIONAL HANGAR SPACE AT
THE IOWA CiTY MUNICIPAL AIRPORT.
Comment: At its September 12, 1996, Airport Commission meeting, the
Airport Commission agreed to request Council financial assistance for
constructing additional hangar space at the Airport. The aircraft hangar will
be 80' by 80' with a 60' bi-fold door and a 20' by 20' office. Cost of the
project is estimated to be approximately $208,670. Hangar rental would
be used to repay an internal departmental loan.
CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN
THE TRAFFIC ENGINEERING, STREETS, AND ENGINEERING DIVISIONS
OF THE PUBLIC WORKS DEPARTMENT AND THE JCCOG
TRANSPORTATION PLANNING DMSlON OF THE PLANNING AND
COMMUNITY DEVELOPMENT DEPARTMENT.
Comment: The Public Works Department desires to dissolve the Traffic
Engineering Division and consolidate the division's maintenance
responsibilities into the Streets Division. This will provide better efficiency
in the management and execution of the City's overall street maintenance
effort. Also the Department desires to enhance the professional Traffic
Engineering responsibilities by dispersing those duties within the
Engineering Division and the Department of Planning and Community
Development. Memorandum from City Manager included in Council packet.
Action:
#11 page 1
ITEM NO. ] l CONSIDER A RESOLUTION AUTHOR/ZING THE AIRPORT
COMMISSION TO PROCEED WITH DEVELOPMENT OF PLANS,
SPECIFICATIONS, AND FORM OF CONTRACT TO CONSTRUCT
ADDITIONAL HANGAR SPACE AT THE IOWA CITY MUNICIPAL
AIRPORT.
Nov/Moved by Lehman, seconded by Thomberry. Discussion.
Thornberry/l have a question of the Airport Manager. From last night until tonight
you got this figure? The $208,000?
O'Neil/No. That is the estimate that has always been in there. There was no
number discussed last night.
Nov/But this has been in here since Friday, that is when we got this.
Thomberry/Okay, this building was put out for bid, is that correct?
O'Neil/No. And that is- The Commission understands the restrictions. We will-
We want your support to go ahead, take it out to bid. We will get a firm
number at that time when the bids are in and then the Commission will
need to come back and get final approval from the council.
Thomberry/So this number really doesn't mean much?
Norton/It is an estimate.
Nov/It is an estimate.
O'Neil/It is an estimate. No, it doesn't, Dean. I mean it hopefully would be lower
but it certainly could be higher.
Thomberry/Higher or lower.
O'Neil/That is why they call it an estimate.
Thomberry/And this, I understand, is for a new startup company. Is that correct?
O'Neil/That is correct.
Lehman/I think, Ron, it would be nice for the public to know. There is little
information here. We know what you are proposing. I think if you could
explain briefly what this is for.
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O'Neil/The company that is interested in coming to Iowa City is an avionics repair
station that the avionics, the radios, any o(the navigational equipment that
is in aircraft, this company is looking to have a repair station for that. So it
allows them to go in quite an area. I mean feasibility anywhere in the
Midwest because people can just ship their equipment to them or i£the
aircraft were a small enough, they could fly in and have it fixed and fly out.
Lehman/And this pays for itsel~
O'Neil/That is the way we know it is going to have to be.
Kubby/Will we have any kind of written agreement before we accept the low bid,
the low reasonable bid?
O'Neil/Yes, we are working on that now.
Kubby/I know the last time we talked that we wanted some written agreement for
50% of it and it seemed like things are going forward very nicely. For
100% of the space I guess I would like that firmed up in writing before I
would feel comfortable accepting the bid to go ahead and build. So I hope
that is proceeding.
O'Neil/Yeah, that is part of the process that we are working on now.
Kubby/Good.
Thornberry/What is the closest aviontics shop to Iowa City currently? There isn't
one here now, is that correct?
O'Neil/That is correct.
Thornberry/Is there one in Cedar Rapids?
O'Neil/No, really in a fair large radius in the midwest there is no shop that does
specifically this. There are some mechanics shops that also do this as part
of their business but there is no business that really concentrates in this
particular area
Thornberry/Good.
Norton/Is this a business coming in or is being started-
O'Neil/It would be a new startup business.
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Thomberry/Coralville can't get it.
Lehman/Not until they get their airport.
Norton/Fix the planes that fly into the mall.
Nov/Okay. Okay. Thanks, Ron. Any other discussion? Roll call- (yes).
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ITeM NO~ ]2 CONS]DER A RESOLUTION AMENDrNG TH~ BUDGETED
POSITIONS IN TH:E TRAFFIC ENGINEERING, STREETS, AND
ENGINEERING DIVISIONS OF THE PUBLIC WORKS DEPARTMENT AND
THE JCCOG TRANSPORTATION PLANNING DIVISION OF THE
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT.
Nov/(Reads agenda).
Kubby/1 would like to defer this because I am not quite sure I understand it all yet
and I feel real uncomfortable voting on changing on how we do something
that is becoming more and more important to our growing community
before I fully understand the implications and the dynamics of what is going
on. So I move to defer.
Nov/Can we at least put the motion on the floor and get some explanation and
then if you are still uncomfortable?
Kubby/Well, if someone will second my deferment, people could come and
explain as well. Either way.
Norton/If we defer it we can't talk about it tonight.
Arkins/If you vote to defer.
Kubby/If someone seconds the-
Lehman/If you vote to defer it, you don't discuss it.
Norton/But we can discuss the merits of deferring.
Nov/I would hope that we could get some discussion on what this will mean for
the city and to the Engineering Department and the Street Department
before that.
Kubby/I guess I am feeling like I want to talk to more than just Steve about this to
get many different kinds of perspectives about this. If people want to talk
about that, fine.
Norton/I will second the motion to defer. I must say I had questions about
clarifying. 1 didn't know whether how fast that could be done or how much
trouble it would be as a consequent on delaying or deferring. But I
certainly would like to understand a little better what is going on. It looks
like we are getting more with less or something That seems hard to do.
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Thornberry/This isn't the University.
Kubby/Do people here understand the implications of this and understand why we
are doing this?
Nov/Well, I would certainly like to discuss that before we vote to defer.
Lehman/I understand what you are saying. I would like to have seen a motion to
approve it and then a motion to defer so we could have discussed it.
Kubby/We discuss things that aren't the actual thing on the floor all of the time.
Council/(All talking).
Norton/We could discuss the merits ofdeferral and either vote that up or down,
then proceed.
Nov/h is kind of awkward but if everyone else feels that we should do it that way,
I would like Steve to explain this. Now is good enough. We will defer the
motion. Put it aside for a moment.
Thornberry/There is a motion and a second. I don't know if there is a consensus.
There might be.
Nov/Do you want to vote to defer?
Thomberry/No.
Nov/Do you want to discuss this before you vote?
Thomberry/Yes.
Nov/If everyone agrees that it is okay for the city manager to provide some
explanation we can do it. It is not exactly Robert's Rules but if everyone
agrees, we can do it.
Thornberry/Robert is turning over.
Nov/Yes, he is. I know all about that.
Kubby/We never follow it by the book.
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Norton/We are following it close enough. The question is can we get enough
information from Steve tonight to satis~ your concerns or even mine. That
is the question.
Nov/We won't know that ifwe don't let him try.
Arkins/I am kind of afraid to right now. Can I talk?
Nov/Please.
Atkins/We have a proposal in front of you by way of this resolution which says in
a lhirly straight forward fashion, it eliminates the Traffic Engineering
Division in the Department of Public Works. What we've proposed to do is
reassign most of those employees to the Division of Streets. I think the
resolution is pretty straight forward if you take a quick look at it. We are
deleting six positions. We are adding four, keeping in mind that we already
have in place two vacancies which you approved during the last budget.
The bottom line is we net out the loss of one full-time position. We believe
we can accomplish a number of goals by way of this reorganization. First
of all is by teassigning the traffic engineer, that is eliminating the
supervisory day to day responsibilities from that position. That person, a
full-time engineer, would be reassigned to the Division of Engineering and
in my judgment, providing Rick some additional engineering assistance
which he has requested on numerous occasions in his budget and I have
denied them just as numerously. Is that a word? Thank you. Secondly,
three of the positions in what is the Traffic Engineering Division will be
transferred over directly to the Division of Streets within their current
classifications. They are electronic technicians and electricians who are
substantially responsible for the maintenance of our traffic signals. Where it
gets a little messier is that maintenance worker positions in Traffic
Engineering are a little different that maintenance worker positions in
Streets requiring Dale and Sylvia to meet with the AFSCME
representatives to put together this package so the employees understand
and we get the actual work from the individuals we are trying to achieve by
making this transfer. These positions, by sending them over the Streets
then, in affectire compliments their employment. They have more
employees as was originally proposed. However, we are taking them by
way oftransfer rather than creating new positions. It allows, we believe, a
far greater flexibility. We are not hiring any additional management. The
Street Superintendent will still supervise these positions. I think one of the
most obvious changes is the one that may peak your interest the most is the
Associate Planner in JCCOG. As all of you know we are frequently called
upon to do traffc engineering studies, traff~c planning, neighborhood
association with eve%nhing from speed humps to traffic studies and we are
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page 4
asked to move on those fairly quickly. Up to this time ] have not been
satisfied that we have been able to move on those types of issues with
sufficient speed. We believe that this reorganization will be able to do that
type of work far more quickly for you. Jeff is in the audience and he can
answer some specifics about the actual use of this particular position. The
bottomline is that we are taking six, creating five. We believe we are going
to have a far more efficient operation. We believe that we are going to be
able to respond more quickly and we should be able to do it at less cost.
Nov/So you are creating one new position in the Planning Department in Traffic
Planning?
Arkins/Yes.
Nov/And the other people are being transferred?
Arkins/They are not being transferred in the sense of an official transfer. We
create these positions. They are required by union contract to compete for
those positions with their colleagues because to some of those people that
is a promotion. They cannot just automatically assume that position, the
newly created position. They must compete for it.
Kubby/My biggest concern is that as the community grows and as more
neighborhood associations get more organized, individuals and
organizations are asking for things. We decide as a council to add a Traffic
Engineer position for in the field doing studies and putting up signs and
doing tra~c calming studies or whatever and it feels like there is going to
be less of that going on and yot, are telling that is not true.
Atkins/1 think it is just the opposite, Karen.
Kubby/That when I look at the numbers and who is going to do what, it seems
like less of that is going to go on because not only are the numbers
decreasing but the numbers of people actually doing work in the field are
fewer. If people are being productive now, how are they going to-
Arkins/We believe we will improve productivity. For example, one of the Traffic
Engineer employees made up our signs. We have taken that work and sent
that which is not part of this proposal. But one of our mechanics, our body
mechanic, that does the work in Transit is going to be trained as the sign
maker. So the body work often involves periods of down time. I am
working on it, the paint is drying, whatever the circumstances might be.
That person then is going to be assigned to make our signs. It involves
metal work-
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Kubby/Then are they a sign maker?
Arkins/They will be trained as a sign maker, yes. Jeff.
Davidson/I think what Steve has said kind of illustrates, Karen, that fight now we
feel like in Planning we have a fairly good relationship with the
neighborhood associations. Transportation Planning is fight down the hall
from Neighborhood Services. We usually attend the meetings together. We
know the association people personally. And sometimes the traffic studies
that are done which you indicated are regularly requested, sometimes they
are done by us and sometimes they are done by Traffic Engineering and
when Traffic Engineering gets involved it is basically another layer. It adds
time to it. It adds more people being involved and it is a little bit less hands
on for us in the Planning Department. By having all of that consolidated
into Planning I think we will really facilitate things, make it mna little
smoother.
Norton/ba'e you getting new skills in this process? Now two of these positions are
open, I take it and have to be recruited for so that what happens when one
or the other- One of the existing people who doesn't make it into one of
those openings. Where do they go?
Davidson/We are hoping, Dee, that the expertise that is currently in Traffic
Engineering will be transferred over to Planning. We will hire someone
who has those same skills. In addition, one of the areas that Karen touched
on of traffic calming is one that all the neighborhood associations are
interested in. We want to focus specifically on that. All of us, Rick and
myself, are learuing more and more everyday. But we would like to have
someone specifically to deal with that who has expertise in that area.
Atkins/To answer that question specifically, will there be two employees in lay off
status? The answer is yes. They will be required to compete for these
positions. That is a matter of union contract and that is just simply the way
it is.
Kubby/And you have been consulting with the union?
Arkins/Yes, we have worked with them and they are fully aware of what the
consequences are. And we will do everything we can, as we pointed out to
you, to give them special consideration. But their colleagues also look at
the changes we make in the organization. There are promotional
opportunities for them and they wish to compete. Ira colleague moves up,
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F092496
#12
there is another vacancy created. I mean there is a number of movements
that can occur within.
Kubby/I guess I don't know how to do this very delicately but something in our
conversation that we said that I don't feel comfortable talking about in a
public realm that makes me also want to explore something that you said to
me on the phone about one of the reasons that we are doing some of this or
that may have made you think about doing this and that is one of my
hesitations about personnel.
Norton/I think it is wonderful if you can do with less. That is the way to go.
Arkins/We assumed that was the charge and we have over time, dealt with the
issue of timeliness of engineering response. I think we can improve the
whole operation. Folks, we don't need the extra position and I can't
recommend it if we don't need it.
Thomberry/Makes sense to me.
Nov/Okay.
Kubby/]n theory, that sounds good. I guess I still have some questions I want to
explore it before I am ready to support it with a vote.
Arkins/I believe it will work but I also promise you if it doesn't we will come back
and tell you it didn't work. I mean we will be candid with you. But we
believe it will work.
Nov/We request you to let us know if it doesn't work. We have a motion on the
floor which is to defer this item and was there a date?
Kubby/Next meeting.
Nov/Okay. The motion is to defer (Kubby/Norton) to October 8 and we need a
voice vote. Okay, all in favor of this deferral, please say aye- (ayes: Kubby,
Norton). All opposed, same sign- (ayes: Nov, Baker, Lehman, Thornberry,
Vanderhoef). I believe this has carried on a- A 2-5 vote, it has been
defeated. That is what 1 am trying to say. 1 am not doing it very well but it
is defeated. And the vote was 2-5.
Moved by Lehman, seconded by Thornberry that we do the adoption of the
resolution. Is there any further discussion? Roll call- (yesses. No: Kubby).
Okay. This resolution has been adopted on a 6-1 vote. Kubby voting no.
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F092~96
September 24, 1900
City of Iowa Oity
Page 1 1
ITEM NO. 13
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.
September 10.
Action:
This item was deferred
from
ITEM NO. 14
CONSIDER A RESOLUTION APPROVING A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, AND
JOHNSON COUNTY REGARDING PRESERVATION OF THE CORRIDOR
FOR THE EXTENSION OF HIGHWAY 966 BETWEEN HIGHWAY 6 AND
HIGHWAY 1.
Comment: This resolution authorizes the Mayor to sign an agreement between
the City of Coralville, the City of Iowa City, and Johnson County regarding
preservation of the corridor for the extension of Highway 965 between
Highway 6 and Highway 1. The alignment for the proposed extension has
been negotiated between the three entities. The west alignment was selected.
#13 page 1
ITEM NO. ]3 CONSIDER A R~SOLUTION AUTHOPdZING EXECUTION
OF A LETTSR 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.
CHANGE TAPE TO REEL 96-113 SIDE 1
Nov/ (Reads agenda).
Kubby/I move we defer this although I don't know when we can expect-
Nov/October 8.
Arkins/Just to the next meeting.
Kubby/I move to October 8 since we don't have a letter of understanding in front
of us.
Nov/Moved by Kubby, seconded by Lehman. Any other discussion. All in favor
please say aye- (ayes). Okay, motion carded.
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ITEM NO. ]4 CONSIDER A RESOLUTION AP?ROV]NG A CHAPTER 28E
AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF
IOWA CITY, AND 3OHNSON COUNTY REGARDFNG ?RESERVATION OF
THE CORRIDOR FOR THE EXTENSION OF FHGHWAY 965 BETWEEN
HIGH%VAY 6 AND P~GHWAY ].
Nov/ Moved by Norton, seconded by Lehman. Discussion.
Kubby/I am going to be voting no on this. I voted against having this road in the
Arterial Street Plan at JCCOG a year and a half ago or whenever it was
you made that vote. And I was very much interested ifwe are going to
have an arterial road in this area of the com~nunity, that we have the east
aligmnent because that is the one that best suits our long term growth
policies of the city and I am glad that we are thinking long term and
preserving the corridor but I am very much against the west alignment
because it goes against all of our planning. And there are actually two
issues that I hope that in preserving this con'idor as section of the road are
built that we can deal with and I want to maybe write a memo to JCCOG
to have us deal with it. They are the two issues that I brought up at the
meeting between Coralville, the county and the city. The first one is making
sure the we use the least amount of intervention when we are building the
road so that we can preserve the corridor on each side of the road. It is a
very rolly polly beautiful area and the potential to have a gorgeous road
with nice vegetation, natural vegetation on both sides is there if we plan for
that in the way that the road is constructed. And secondly them is also a
real potentiality for having kind of a Hickory Hill West, a natural area on
the west side along this corridor as well and I would like us to explore how
the county, the city, Coralville and Iowa City can work together to think
about those two issues. I hope some day we can talk about those and agree
upon some form of-
Thornberry/And also on the west side of the west alignment is the sanitary landfill
and I hope that we can preserve that, too.
Kubby/It is an important part of the health and safety of our community. It is
important.
Norton/There are some good reasons for putting it on the west, too, including
that one, I think. It runs along the r.o.w. of Deer Creek Road and cuts
across less things at an angle.
Thornberry/And it is on a section of mine.
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Norton/It is spaced better from where I think between Mormon Trek and there.
So, it puts a little problem on our growth pattern but they can figure that
Out.
Nov/I have a feeling that this is going to be preserved in addition to the east
alignment. I think eventually when Iowa City starts growing in that
direction, we are going to need some kind of city street along the east
alignment also and I am sorry that we didn't do the connecting to the west
on the north end and east on the south end. But it didn't work that way.
Any other discussion? Roll call- (Yesses. No: Baker, Kubby). This motion
carried on a 5-2, Baker and Kubby voting no.
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City of low& City
Pale 1 2
ITEM NO. 15
ITEM NO. 16
ITEM NO. 17
CONSIDER A RESOLUTION AMENDING 'ECONOMIC DEVELOPMENT
POLICIES, STRATEGIES, AND ACTIONS FOR THE CITY OF IOWA CITY'
BY ADDING INDUSTRiES/TECHNOLOGIES OPPORTUNITY LIST AND
FINANCIAL ASSISTANCE ELIGIBILITY GUIDELINES.
Comment: Earlier this year the City Council formed the Economic
Development Ad Hoc Committee to provide recommendations on the
following two questions: 1) When the City and local economic
development organizations encourage the expansion and attraction of
business and industry, what specific types of businesses and industries
should we proactively encourage in Iowa City? 2) When the City
considers financial assistance to a firm, such as a grant, loan, or providing
infrastructure, what characteristics and practices should the firm have to
obtain assistance? The Committee's recommendations were included in a
memorandum dated July 10, 1996.
Action: ~////~/~- ////~/~'/~, .~/
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN TO THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA, THE CITY OF CORALVILLE, IOWA, AND PUBLIC ACCESS
TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF
THE LOCAL PUBLIC ACCESS FUNCTION.
Comment: At its meeting on July 22, 1996, the Broadband
Telecommunications Commission recommended approval of this
agreement. It is s three-party agreement between the cities of Iowa City
and Coralville and PATV, the funding for which comes from the local cable
company, Cablevision VII, Inc. This agreement expires December 31,
1999, with provisions for renewal by mutual agreement for two additional
terms of three years each. The provisions of this agreement are generally
consistent with those of the agreement under which PATV has carried out
this function for the City since 1990. This item was deferred from
September 10.
Action: ~.~/.~,~m~
ANNOUNCEMENT OF VACANCIES.
b. Previously announced vacancies.
(1)
Housing & Community Development Commission - One vacancy
to fill an unexpired term ending September 1, 1997. (Christina
Randall resigned.) {4 males and 4 females currently serve on this
Board.)
This appointment is being deferred to the October 8 meeting of
the City Council to allow for a 30-day advertising period.
$15 page 1
ITEM NO. ] 5 Consider a resolution amending "Economic Development Policies,
Strategies, and Actions for the City of iowa City" by adding
INDUSTRIES/TECHNOLOGIES opportunity list and financial assistance
ELIGIBILITY guidelines.
Nov/Moved by Kubby, seconded by Vanderhoe£ Discussion.
Kubby/Well, I am going to be supporting this resolution and I am very happy that
we are starting to live out our economic development policies that we
adopted late last year. I hope that in the future we can look at fine tuning
some of them in terms of some of the criteria maybe more skewed towards
larger businesses or large expansion of businesses and may not be suitable
for smaller startup businesses and the flexibility that is involved in the
guidelines will help us look at those differences and if we need to make
changes, we can always offer them. There is lots of talk in our society right
now about the responsibilities and the amount of accountability of
individual welfare recipients in our society when we provide public subsidy
to help people get along. And I am real happy that in Iowa City that we are
starting to ask the same kind of responsibility and accountability for
corporate or business welfare or public subsidy. I think it is a responsible
way to make sure tax payer money is spent in a wise way that is beneficial
not only to the private sector but to the public sector as well. So I will be
supporting this.
Thomberry/I will be supporting it without comment.
Kubby/It is an important thing we are doing.
Lehman/I don't agree with all of your comments but I agree with most of them
and I think that we have been accused, I think perhaps rightly so over the
years, that we have been somewhat less than friendly to development. I
think the last council and this council both have taken postures that we
really will be proactive and I think this is the second step in showing our
good faith and I don't know that is the bottomline or the final answer but I
think that we are heading in the direction that we have said that we are
going to go. I will support it as well.
Vanderhoeff I will support it and with thanks to the committee who put in a lot of
hours and a lot of hard work on this project to do something that is
important for the city. Thank you.
Nov/By all means. This committee put in a lot ofhours and we must say again
these are flexible guidelines. These are not meant to be rigid and we hope
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they are §oins to work just ~ne. Roll ¢811- (yes). Okay, resolution has been
adopted.
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ITEM NO. 18
City of Iowa Cit~
CITY COUNCIL INFORMATION.
PaEe 13
ITEM NO. 19
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a, City Manager,
b. City Attorney.
ITEM NO. 20
ADJOURNMENT.
~18 page 1
ITEM NO. ! $ CITY COUNCIL INFORMATION.
Nov/ City Council information. Mr. Norton, do you want to start?
Norton/I will try to be brief I want to express my interest in a suggestion in a
letter from Jan Rettig, alternatives about the contacts from the police so
they have to know who to contact in a business. She points out that the
Fire Department is making contacts and that maybe the Police and Fire can
get together to establish and identify who is who at each business
establishment I trust- I hope that will be followed up.
Arkins/That was a good idea. It is being followed up.
Norton/Good. The second, I would like to ask my fellow councilors, there is an
issue brought up in P/R consideration of the expansion of the cemetery.
The issue of expanding the cemetery and I noticed Terry Trueblood has
proposed that they do a little study to find out just how much would be
involved in that expansion in terms of trying to move dirt of whatever
necessary, to clear trees. I don't think they ever actually got to the point of
doing such a study but it seems to me that when we come to consider it
might be wise to have that information in front of us and I understood it
would only be a matter of about under $1,000.
Atkins! $900.
Norton/A relatively small number to get a study-
$900.
NoW $900.
Atkins/Yes to do an engineering study.
Norton/Just a brief study to make sure what we are talking about when we say fix
that part of the Hickory Hill. The commission didn't want to do it because
they thought it might be blessing the expansion.
Nov/Well, they had decided that we should not expand in that direction. If we
discussed this with them and we decide we are going to expand in that
direction, we should then certainly have a study.
NortoW Wouldn't it be nice to have a study in hand is what I am saying at the
time.
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Nov/I don't know.
Norton/How long would it take7
Atkins/I would imagine something such as that less than 30 days. He has already
spoken to them.
Nov/Ernie.
Vanderhoet7 The only thing, and I agree with Dee, I think that the affect on tile
park might have something to do with our decision on whether or not to
expand and I think it would be nice to have that information in hand before
we say yes or no.
Norton/So you agree to do the study and the question is now whether to start
fight now or wait for something. I thought we ought to have it.
Baker/We ought to start and hopefidly have it by the time we discuss this issue
Norton/We got 4-3.
Vanderhoef/Yeah, I will go with it.
Nov/Okay, sounds like we have enough people to do it.
Atkins/So what I will do is I will contact Terry tomorrow and tell him to proceed
to having this engineering review put together.
Kubby/So then when the engineering review is done, then we will schedule an
informal--
Atkins/Yes, I have talked to him about that also.
Kubby/Another tiling that 1 am real interested in exploring is if there is any
communities that have what might be called an environmentally friendly
cemetery where- Not for all parts because you want especially older people
to get to grave sites but if there are small sections of it that wouldn't have
to be flat and cleared, especially for cremation. That maybe there can be
some less intervention but still use parts of it as a cemeteJ3,. 1 don't know if
this is possible but it would be interesting to inquire with some of the
professional organizations to see if there are any ideas out there.
Baker/On that issue, can I ask for some clarification. I read the material we got in
our packet about the P/R recommendation and their logic. Was it clear that
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they are withholding the decision whether or not to even be in the cemetery
business?
Norton/They weren't complete. I think they have had a meeting since the one we
have minutes and I think the discussion wasn't complete, was it?
Arkins/As I understand from Terry-
Nov/We don't have the minutes yet for that meeting.
Arkins/As I understand from Terry, the commission voted not to expand the
cemetery in Hickory Hill park and that those voting yes on that motion felt
strongly about it and when Terry recommended the engineering studies, felt
again so strongly, they chose not to proceed with it. But they also were
aware that they have an obligation to put together some thoughts, ideas, on
what do we do now if we are not going to expand, just some of the other
options. That is how I understood the conversation went.
Baker/
I would like to have that recommendation, too, abeut- If the
recommendation is to stay in the cemetery business, that is one thing. Then
you either stay where you are at and expand or you get another location.
But ifit is to get out of the cemetery business, that is a different discussion.
And before we can discuss Hickory Hill and Oakland, we ought to get
satisfied that we are going to stay in the cemetery business.
Norton/We may have to do that, too, yeah.
Atkins/I will check. Your preference is have the engineering report, at least a
majority prefer the engineering report and if there are discussion of options,
you would like to hear that before you meet with them. That is your
preference. Okay.
Norton/Okay. The only other item I want to mention there is a Housing Forum
coming up on October 23 that sounded to me to be pretty important. Not
to focus things necessarily or only on affordable housing but on low
income housing. But on a range of housing issues, 1 think. And I am
assured that the HCD Com~nission is involved and fully aware of those
concerns.
One last comment, I will send a note around to the council. But I
personally and I know others had really an interesting time at the League of
Cities meeting in Cedar Rapids. I won't belabor the details at this point but
I discussed emergency management and taxation and housing. We visited
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some interesting housing options and really got a lot out of it at zero
expense, folks.
Nov/It was an interesting meeting. A junket to Cedar Rapids, that is one way to
say it.
Kubby/I wanted to let people know about a forum that the Press Citizen is
sponsoring on Thursday, 26th of September, at Old Brick, 7:00 to 9:00. It
is called rebuilding trust and I think the purpose of it is to get the
community to try to constmctively respond after the shooting of Eric Shaw
and I know that a couple of council members are going to be there. Dean
was going to be there but now Ernie is going to be there and myself. Steve
Arkins will be there. ChiefR. J. Winklehake, Gerald Stone from the
University Counseling Center and it will be moderated. Someone from the
Law School and I apologize to this person for not remembering.
Arkins/Mike Green.
Kubby/Mike Green, thank you.
Thomberry/Sid Jackson?
Kubby/And Sid Jackson, thank you. ~d the format is not so much that the
panelist are people who know exactly what should be done. That we won't
be making statements. It is going to be more of a round table discussion
among the panelists and opened up to a cross discussion between the
panelists and whoever shows up. So t encourage you to show up.
Nov/Would you repeat the time and place?
Kubby/Thursday, September 26, Old Brick, 7:00 to 9:00 PM.
Another PC related and not politically correct but Press Citizen related
topic. They had an editorial recently talking about the value of preserving
historic places and I agree with the sentiment of the article. They did say
that the city was not interested or doing anything about preserving the
Butler House along the river on the property that use to be owned by Jim
Glasgow and is now owned by the city for the Water Treatment Facility
and it is simply not true.
Arkins/It is not true.
Kubby/We spent a lot of time with P/R and Riverfront and Natural Areas
Commission. They are going to do a house site visit to make some
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recommendations on how to preserve that house because we recognize the
value of our history. So I just- It is another example of where ! wish that
people would confirm information before forming an opinion and printing
them.
Norton/Is lip involved in that?
Kubby/I think HP, yes.
Vanderhoef/And did we read that there is a group being put together to- a
committee? And who might we speak with?
Atkins/I think there are two real critical elements. One is that the mothbailing
proposal is being put together by the PCD as we speak. What we got,
board it up and take care of it and make sure that there isn't any other
damage. Secondly, this issue was kind of assigned back to I think
Riverfront and Natural Areas, HP Commission, I think P/P, and it is a
brainstorming What do you think is the best use for this project making the
assumption that we are going to preserve it. I was very very surprised at
the Press Citizen. They weren't even close to what the point was.
Lehman/Why do you say you are surprised?
Arkins/I am surprised. It wasn't even a near miss. That wasn't even close and it is
just unfortunate. Karen is absolutely right. A simple phone call would have
confirmed what we all just said.
Vanderhoet7 Okay, so if there is someone who wants to be on the brainstorming or
with the brainstorming thing-
Atkins/The brainstorming is assigned to the existing commissions. I think once we
have something from them, how we take it further, Dee, I really don't
know. The existing boards and commissions have been assigned the task of
putting together tile ideas.
Kubby/I had two other items. One relates to a couple of letters that we got from
the RandalIs on Shamrock Drive about a project that is being planned for
behind their house and 1 went to the site visit with a few of the neighbors
and I think that- I talked to Rick Fosse today and I think actually we are
going to be getting a memo from him suggesting that neither engineered
solution may be the right thing because there are some real strong feelings
on both sides and that maybe we need to talk about it at an informal
meeting. So when we get that memo I hope that we will agree to do that.
But I think one of the- In this particular situation I wot, ld think that it
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would be really interesting to get Neighborhood Services and the
Engineering Department and some of the neighbors who have strong
feelings on different aspects of the project and maybe a couple of the
council members to be on site to talk about this and to talk about how
things have changed. Something has to be done. On the other hand, it is a
drainage area and people have the expectation that we m'e going to spend
lots of public money so that their backyards are never wet and I don't
know that that is a realistic use of public money. I think something needs to
be done most definitely. So I hope that we can maybe discuss option in a
different way on site with a group of people. It is different when you see it
on a map and some drawings and you are there and you look down the
corridor and see the kind of destruction that the two solutions with the
assumption that we are going to make everything better would do to the
area and that maybe there are some tradeoffs that could be made
Nov/Haven't the neighborhood association discussed this?
Kubby/They have but there are real strong feelings on both sides and I think the
Engineering Division feels uncomfortable even with the majority of
neighbors wanting one thing. That there are such strong feelings that it
wasn't so clear cut in proceeding before they- They want to let us have the
option of talking about it before they decided to go with one project or
another. One of the projects is $1/2 million.
Atkins/There are very very strong feelings and some time ago and I don't recall,
we actually sent a postcard survey and it was 11-9. 11 to fix it and 9 to do
it another way and there, again, very very strongly- Karen is absolutely
right. We are just not wild about heading into a project when it is just that
close.
Norton/This is a storm water project I take it. Difference of opinion There is also
a storm water, for example, over on the other side, over on Abbey Lane.
There is no difference of opinion over there.
Kubby/And my last item was we got a memo fi'om Lisa about our Low Income
Assistance Program. Basically what we got was a really- I would love a
bigger print one. This is for me a little hard to read. What our low income
policy is and to kind of let people know what they are currently, in one
shot, what they are currently qualified for and I thought that our direction
was not to let people know the different things but to have our policy be as
consistent from program to program as possible.
Atkins/We did as best we could and I think that is about as close as we are going
to come. There are some subtle changes and the important thing was to
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make sure when someone come in and applies for one, we explain to them
everything else they are eligible for.
Norton# Do they have to go apply elsewhere?
Arkins/No, they do not. They just simply can go. We will make them eligible and
it is their choice as to whether they want to get the service or not.
Nov/I still want some more coordination. There is a lot of income differences
between one column and the next and-
Arkins/That is by program. Some of the programs have different requirements and
the different requirements means that if we are going to use, for example,
the feds money, we are going to play by their rules and-
Nov/I still think we can find out a little bit more.
Atkins/Okay. We may be more generous than the federal government on a
particular issue and we felt that we didn't want to push an income criteria
up to meet the federal standards.
Nov/That isn't what I was thinking about.
Arkins/It's a balance.
Nov/It was the kind of thing that ifwhere if someone in this income guideline is
eligible for 50% discount on water bills but not for 50% discount of
SEATS, why not? Those are the kinds of coordination things-
Arkins/Because they are different circumstances.
Nov/They are different circumstances but if someone from that same income
group and we need to think about it. There needs to be a little bit better
coordination on some of this.
Nonon/How do we do this?
Arkins/I don't know how you do that.
Nov/What I have done at this point is just ask our Human Services Director to
look up all of these federal programs and tell us what income guidelines
apply to each of these things. For example, what are the income guidelines
for Medicaid? What are they for foodstamps? So that we not only have a
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list of what qualified people but what income they have and does it make
any sense to coordinate these things.
Kubby/We have no local control. Some federal programs we may have local
ability to change the guidelines and some we may not. So that would be
another interesting question to ask.
Nov/I am not sure we can change the income guidelines but we could, for
example, say if someone qualifies for foodstamps and they qualify for a
discount here, should they also qualify for a discount there because they are
obviously in a very low income category and I don't know that this
question is going to be easily answered. l just feel the need to look at it.
Norton/Take another look.
Kubby/Can we at least get it on a longer bigger piece of paper so it is bigger
print? I can analyze it better ill can see it.
Atkins/We will take care to that. I will do that.
Kubby/1 am sure it was a challenge for Lisa to get all of that information.
Atkins/We were massaging it and trying to make it. Okay, I will get it for you.
Kubby/Thank you. That is all I have.
Nov/Okay. Ernie-
Lehman/Sunday night I was fortunate enough to attend a gourmet dinner and it
was put on by a relatively new organization called Table to Table and I
think it is cosponsored by the Coop and Prairie Lights. Is that right?
Kubby/I don't know.
Nov/I think this is a group of-
Lehman/Blooming Prairie, that is right. The chefs volunteered their labor and they
cooked this magnificent meal. This new organization does something that is
rather unique and I think it is a tremendous idea. They work with local
restaurants and with grocery stores and they take the food that is heading
the to the landfill and they take this food to feel hungry kids, they take it to
various organizations that need this food. So rather than throwing the food
away and right now this is totally voluntary. They have got a leila who
apparently drives his own car and picks this food up. I think it is a
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tremendous concept. I am sure we are going to hear more about it. I
encouraged them to visit with United Way, to visit with us because I think
it is a very very worthwhile project. It was a great time and if you run into
Table to Table folks, encourage them.
Nov/Good. Mr. Thornberry.
Thomberry/Yes, I have a couple of things this evening. I would like to read a very
very short letter that was sent to the Chiefof Police, Iowa City, Iowa. It
says, "Dear Sir, I am writing to you to compliment one of your officers,
Badge #93. I don't think that is his name. I was ticketed last Monday while
driving home from the Post Office. The officer treated me with the utmost
respect and professionalism. He made me feel comfortable in an otherwise
stressful situation. I feel he truly exemplifies what every officer should be.
Please extend my thanks to him for people very kind and (not thanks for
the ticket though)." And this was signed by a lady who signed it and had
typed her name and she was from out of town. I have not contacted her so
I don't feel that I should give her name. We have received quite a few
complimentary letters from people to the Police Department and this was
dated August 8, 1996.
There are little plastic places for people to stand waiting for the bus. They
are not plastic.
Nov/They are a shelter.
Atkind Plastic places?
Thornberry/1 don't call them shelter would be- Well, it is a shelter, I guess.
Alltins/It is called a bus shelter.
Thornberry/A sheltered bus stop. Quite a few of them are quite messy because
people stand there waiting for the bus with maybe something to eat,
something to drink, they toss their container out, there is no container to
put them. I think that people would put them in a container if there was
one available. I don't know if anybody else has seen this but it was brought
to my attention and I looked around and darn if they are not fight. They are
kind of messy around those bus stops.
Arkins/We try to encourage folks to take it with them because if you provide a
container, you also got to pick it up. So, in principle, you are absolutely
fight.
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Thomberry/You could throw it on the bus, I guess.
Kubby/There is a trash can on the bus.
Thornberry/If there were a trash can-
Nov/There is, there is a little container on the bus.
Thornberry/But they sometimes have to wait quite a while for the bus.
Kubby/Maybe it is something we can begin by some signage. 1 mean even just
some posters on the shelter and see if that makes a difference.
Norton/Pack it in, pack it out. Isn't that what they say?
Thornberry/Yeah, and I have looked around at some of them while driving around
after it was mentioned to me and yeah, they are kind of messy.
Atkins/I will figure that out.
Thornberry/A week ago last Monday before and after 5:00 PM, a train was
stopped blocking traffic on Hwy 6 for 26 minutes and it took another half
hour for the traffic to return to normal which is quite heavy at that time of
the day. And I thought there was an ordinance restricting traffic stoppage
over a street to 15 minutes.
Mitchell/Actually it is 10 minutes but there are exceptions.
Thornberry/26 minutes at 5:00 in the afternoon was an exception.
1Vfitchell/Right. Under state law there is, you know, if there is problem with the
train. Without looking at the Code section, I don't know all of the
exceptions to that. But they are required to get through there in 10
minutes. So-
Thornberry/The RR was notified and they said gee, we had some problems. That
is it. But 26 minutes at 5:00 across Hwy 6 blocks traffic from the west,
going to the east, back to almost, well, past Paul's, probably to Carousel.
And it took a good half hour to clear that out and it was still pretty heavy
after if got cleared out Who do we send the ticket to, the RR attorney?
Mitchell/Technically it would be a violation of state law.
Thornbens,/State law, all right
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Arkins/I mn not so sure who we ticket.
Norton/Speaking of the RR, Dean, I thought that letter that was sent to them
saying we had a crossing problem was a sweet little letter. I would have
been much nastier.
Kubby/Let him write it. I think Dean is ready to deal with the RR.
Mitchell/Is this regarding Clinton and Lafeyette? I did call Crandic regarding
Clinton and Lafeyette. They were suppose to send somebody out this week
to take a look at it and if possible, they are going to have some temporary
repairs made to that. Public Works did apply for DOT Maintenance Funds
back in July of 1994 but the problem is it is a first come first serve basis
and it will probably be at least 1999 before those funds become available.
In the meantime we are trying to work with them to see if we can get at
least some temporary repairs done to them.
Kubby/It there is a state law that is the basis for our 10 minute law, isn't there
then a local municipal infraction?
Mitchell/We can adopt an ordinance. It is my understanding that it has been
considered a couple of times in the past. But we have never decided to go
through with it.
Kubby/Do we have something in the Code that limits the blockage for 10 minutes
but not penalty or recourse?
Mitchell/Under state law, you know, we can contact the County Attorney's office
about that.
Thornberry/There was a public outcry during this time and people got out of their
cars and they were throwing rocks at the train. They were angry.
Lehman/They disabled the train. Why do you suppose it was stopped for 26
minutes.
Thomberry/But they were angry and they took out their frustrations. Anyway.
My last item. John Balmer spoke earlier this evening and I echo Jolm
Balmer's comments regarding Karen Kubby's actions during the council
meeting. I feel she had a democratic right as an individual to interact and
help make the signs, help by the demonstrators prior to the council meeting
which she did. But to continue that interaction by applauding some
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questionable verbiage was tota[]y inappropriate when the council should
have been acting as a cohesive body.
Kubby/To clarify some factual things. I observed the demonstration. I did not
organize the demonstration. I provided some information for people who
were on JC News, a local electronics political newsletter, about what the
process is if they were going to come to the meeting to speak. About the
dynamics of public discussion and how that works. I encouraged people to
become involved in the democratic process that we have in our country. I
did not make signs and I did not applaud anyone unless I agreed with what
they said. I did not applaud anyone who suggested that we should fire the
Chief of Police. I applauded-
Thornberry/I did not say that, Karen.
Kubby/I am just clarifying because-
Thomberry/You are not clarifying what I said. If you would like for me to read it
again, I will.
Kubby/I did not make signs. I did not participate in the demonstration. I was an
observer on the sidelines and talked with people there as an elected officer
aware of a public demonstration which I think is a very legitimate form of
communication in a democratic society. One in which I frequently
participate. I did not participate in a direct here. I observed. I was there to
see what was happening and to talk wilh people who chose to participate in
an active way to find out how they were feeling It is a part of our
community that I value and I listen to and that I hope all of you value and-
Thornberry/1 said that I feel that you have a democratic right to do what you did
prior to the meeting. I am not disputing that at all, Karen. What I am
disputing is the continuation of the interaction of the crowd by applauding
questionable comments, I thought was inappropriate as a council member
when we were trying to work as a cohesive body together as an elected
body. I thought it was a divisive action and I made the comments.
Kubby/That is what you think and I have had lots of comments from people who
saw all of out interaction live and in follow up tapes that have had other
kinds of reaction in terms of how I live out my responsibilities as a council
member and we have a right to critique me in public and-
Thomberry/You have a fight to defend yourself, that is correct.
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Kubby/l play my role in a different way than many of you up here and I have been
tested through election and re-election a couple of times of how I play my
role. I feel real comfortable about how I do my job. As a community in
general, people know they can feel free to call me to talk about it and I
welcome that kind of con~ment and discourse about how I do my job in
public as well as in private.
Thomberry/That is all I have.
Nov/Dee.
Vanderhoeff Okay, just a couple of things. One of them is there has been some
correspondence in the packet about what we put on our sign for dr. and
something about d.t. Civic Center or d.t. Civic Plaza and I don't truly
know what is the ordinance and what is the-
Atkins/City Plaza, that is the official ordinance name and I saw the
correspondence and had Joe get back with John to talk to him about that.
Personal opinion is if you want to change the name from City Plaza to
something else, okay. Civic Plaza I have not heard of and I think John may
have either mis-spoke or. But it is City Plaza is the name of the ped mall.
Norton/What is wrong with Ped Mall?
Atkins/There is nothing wrong with Ped Mall. My point is that we are doing some
painting inside the ramps to call attention and City Plaza pointing people.
We are trying to spiffup the and there has been some question as to what
we should actually call it. It has been the City Plaza ordinance as long as I
could remember.
Nov/As long as I can remember.
Arkins/We just simply call it Ped Mail.
Kubby/Is there any legal reason why the ordinance could say City Plaza and the
signs could say Ped mall7
Vanderhoef/Or d.t.
Kubby/I think that is more familiar to outsiders and insiders.
Atkins/The d.t. signs, the entrance to d.t signs out Document Services folks who
have put something together that you are going to be seeing before too
long. But I had Joe get with John and whatever you want to settle on. Just
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bring it on back and if you want to amend the ordinance, amend the
ordinance.
Thomber~/I have a problem with little names like parking garage, oh, that is the
ramp. Oh, yeah.
Norton/Has he talked to DTA or just to John?
Arkins/John wrote it on, I think, Technigraphics letterhead. I think it was John
was raising a point and he had Civic Plaza when he- I can understand why
that would peak his interest because it is not Civic Plaza, not at all.
Vanderhoef/I think it is real confusing because when I think of that, I think of City
Hall and the Police Station and the Fire Station in that area.
Atkins/I think of the Civic Plaza as this building, the park across the street, the
ramp. I mean that is more of the Civic Plaza. Let me find out from Joe
where it is and what they are deciding.
Vanderhoef/We might want to visit with the d.t. people or something on what we
can do with that, what will be best used by the whole town.
Norton/]t needs to be resolved. We may have to resolve it.
Arkins/1 think you may have to settle on a name.
Lehman/That may take hours.
Norton/Then you would be here until midnight.
Nov/Not tonight. We did that last night.
Vanderhoefi' We handled signs beautifully for bicycles. We had one, two, three
choices. We maybe could tile same thing with what we want-
Kubby/(Can't hear) in other jurisdictions.
Vanderhoeff That is their problem not ours.
Nov/Lower those signs. Okay.
Vanderhoef/Then we are doing ClPs on the 30th7
Arkins/The 30th at 7:00 in here.
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Vanderhoeff And then, will we have that information about the trails and park
things that I spoke to you about?
Arkins/Yes, all the financial.
Vanderhoet7 Everybody will have a chance to look at that before?
Arkins/Yes.
Nov/We have to remind everybody that we had a packet on CIP information a
couple of weeks ago.
Vanderhoeff That is what spurred a question for me for a little additional
information. I want everybody to have it.
Okay. Then the other thing I think is real exciting and I want people to
notice that the we are now in the process of planting trees down at the
soccer field location and that we got a real good bid and we were planning
to originally put in 218 trees and we got a good bid and so we are going to
go up and we are going to be planting 323 new trees down in the soccer
field park area.
Kubby/And still be $10,000 under budget.
Vanderhoeff Yes, staying under budget. In case you didn't hear that, $10,000
under budget and this is going to be a beautiful park and something that the
whole city is going to be real proud of. 1 am delighted that this is moving
forward.
Kubby/Some of it is from when you were on P/R, that planning that went on for
that to happen and it is really great to see that there has been lots of
partnerships formed. Since it couldn't happen through referendum, that it is
happening anyway Real community involvement. Thanks for your time on
that in the past.
Vanderhoef/You're welcome.
Nov/Larry-
Baker/I will be quick because I have already lost my bet with Marian that we
would be out of here by 10:00.
Nov/You looked at that crowd and then you bet.
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Baked
I wanted to thank Steve for including in the packet that- This report on the
Purple Ribbon Committee on property taxation in Iowa which you were a
pan of and I was reading it and copies will be available at the library I
assume.
Arkins/They will be now.
Baker/It is an analysis of property taxation in Iowa and Mr. Arkins was a player in
that analysis and you might be interested in reading it.
Secondly, I want to remind the public and I am going to sign up for this for
the next meeting that on November 7, the Boyd Law School Auditorium
there will be a debate by the University of Iowa Debate Team in the Law
School and the topic is resolve that Iowa City should act to revitalize its
urban center. November 7, Thursday night, 7:00 PM in the Boyd Law
School auditorium Those two announcements are directly related to city
business.
I would like to take a moment. especially with John in the audience because
he will appreciate the irony of this, to share a bit of personal information
about which I am very proud of. A week ago tonight, the City of Seattle
held a primary election to fill an unexpired city councils seat. There were
150,000 who voted in that primary election, special election, and the top
two finishers went on to the general election. The top two finishers were
people who were heavily favored, a man named Bob Rowan and Charles
Chung, and between the two of them they spent ahnost $100,000 in
advertising for a primary election in Seattle and they were the I & 2
finishers. However, the 4th place finisher within 150 votes of 3rd place was
my son Jim Baker. He used to live here in Iowa City. Lived with me when I
got mad at John Balmer years ago when he decided to enter a local
election. Tim came in 4th. He was the youngest person in the race, the
person who had been in Seattle the least amount of time and he was the
only renter, does not own a car, and he spent $2800 on his campaign and
the Seattle papers made a point of that being the surprise of the election.
Nov/Very nice.
Baker/It may be genetic. We will find out if it is environmental in about ten years.
But I just wanted to share that information with you.
Nov/That is really nice.
Kubby/Does that mean he will run again?
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Baker/Yes.
Nov/l have a couple of little things that came this week that someone else may
want to get this. Will you just pass these along and tell me, has everybody
been counted in the Census?
Council/(Yes).
Nov/Okay. I wasn't counted until last week. I was getting a little bit nervous but
they came. I have been counted. How is the Census proceeding? Is it
almost finished?
Karr/They anticipate being done the third week in October if everything goes
okay.
Nov/Okay.
Karr/And we will be doing a wrap up and some special notifications of it. If you
haven't been counted yet, don't panic, it is not over with yet and there will
be some other opportunities to be counted in the coming weeks.
Nov/Okay. I am just reminding everybody we haven't finished and please be
counted.
October 10, 7:30 AM, we will have a Human Rights Breakfast. This is
sponsored by the City's HR Committee and the speaker will be Pat Caine
who is the University of Iowa law professor. She will speak on the
Supreme Court, Civil Rights and Culture War and everyone is invited. City
Council members, if you want to come, you should let Lisa know that-
CHANGE TAPE TO REEL 96-113 SIDE 2
Nov/ Was on time. And that is all I have for now.
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ITEM NO.19 REPORT ON ITEMS FROM THE C1T¥ MANAGF-R AND CITY
ATTORNEY.
a. City Manager.
Norton/Could you tell me? Do we have a meeting for October 2 or not?
Karr/Yes.
Nov/Yes.
Arkins/! was going to ask that question.
Nov/Didn't we decide last night we were going to keep that?
Atkin~ From my report I wanted to ask you. 30th is a Monday evening, 7:00 PM,
capital proiects. I am assuming you will schedule your time as you see fit
on how long you want to go. Then on Wednesday night, the 2nd, if
necessary, we would continue capital project review and the citizen review
board. I worked on that report today. I will have that draf~ by Friday for
you so you can look at it over the weekend before that. So you can have
something. That is what I understood the schedule to be.
Nov/That is what 1 thought we said yesterday.
Kubby/The 2rid is 7:00 PM as well?
Nov/Both 7:00.
Arkins/That is all I have.
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