HomeMy WebLinkAbout1996-10-08 AgendaSubject to change as finalized by the Cid/Clerk. For a final official copy, contact the City Clerk's Office. 356-5040.
AGENDA
October 8, 1996 7:00 p.m.
Civic Center
ITEM NO. I
CALL TO ORDER.
ROLL CALL.
ITEM NO. 2
ITEM NO. 3
MAYOR'S PROCLAMATIONS.
a. Kelly Day - October 7, 1996.
b. Toastmasters Day - October 8, 1996.
SPECIAL PRESENTATIONS.
a. Outstanding Student Citizen Awards
Childhood Hunger Awareness Day - October 16, 1996.
(1) Hoover Elementary School
(a) Erin Alward
(b) Emily Adamek
ITEM NO. 4
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED,
a. Approval of Official Council Actions of the regular meeting of
September 24, 1996, and the special meetings of September 30 and
October 2, 1996, as published, subject to corrections, as recommended
by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Historic Preservation Commission - September 10, 1996.
Housing and Community Development Commission
September 12, 1996.
Consider the following recommendations made by the Housing and
Community Development Commission:
(a) To approve the revisions to the FY97 CDBG\HOME budget as
proposed.
Ootober 8, 1996
lb)
City of Iowa City
Page 2
To approve the HOME Annual Performance Report, the CDBG
Grantee Performance Report, the Supplemental CDBG
Grantee Performance Report, and the Consolidated Plan
Annual Performance Report.
(3) Parks and Recreation Commission - September 18, 1996.
(4) Iowa C~ty Planning and Zoning Commission - September 19, 1996.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class C Liquor License for Hilltop
Tavern, Ltd,, dba Hilltop Lounge, 1100 N Dodge St. (Renewal)
(2) Consider a motion approving a Class C Liquor License for La Casa,
Ltd., dba La Casa, 1200 S. Gilbert Ct. (Renewal)
{3) Consider a motion approving a Class B Beer Permit for Rigel Corp.,
dba Godfather's Pizza, 207 E. Washington St. (Renewal)
(4) Consider a motion approving a Class B Beer Permit for Rigel Corp.,
dba Godfather's Pizza, 531 Hwy. 1 West. (Renewal)
{5) Consider a motion approving a Class C Beer Permit for Inland
Transport Co., dba Kirkwood 76, 300 Kirkwood Ave. {Renewal)
Consider a motion approving a Class E Beer Permit for QuikTrip
Corp., dba QuikTrip 8548, 955 Mormon Trek Blvd. (Renewal)
(7} Consider a motion approving a Class C Beer Permit for Millermart,
Inc., dba Millermart, Inc., 2303 Muscatine Ave. (Renewal)
(8) Consider a motion approving a Class C Beer Permit for Dell Mart,
Inc., dba Dell Mart//1,525 Hwy. 1 West. {Renewal)
d. Motions.
{1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $11,426,299.`17 FOR THE PERIOD OF AUGUST 1
THROUGH AUGUST 3'1, 1996, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS
ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY
CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE.
October 8, 1996
City of Iowa City
Page 3
(2)
CONSIDER A MOTION TO APPROVE REVISIONS TO THE
FY97 ANNUAL ACTION PLAN BUDGET FOR
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIP PROGRAM FUNDS.
Comment: Due to a larger allocation of CDBG and HOME funds
and program carryover, the City has an additional $306,216 to
provide additional funding to existing projects. At their September
12, 1996, meeting the Housing and Community Development
Commission unanimously recommended that revisions to the
FY97 CDBG and HOME budgets be approved. A memo detailing
the individual project allocations and justifications has been
included in Council packet.
Resolutions.
(1)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
803 EAST CHURCH STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 803 East Church
Street received a $7,294 loan through the City's Housing
Rehabilitation Program on July 22, 1994. The financing was in
the form of a Mortgage. The note was paid off on
February 28, 1996; thus, the lien can now be released.
(2)
CONSIDER A RESOLUTION APPROVING COMPREHENSIVE
IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) AMENDMENT
#17 TO THE CONSOLIDATED ANNUAL CONTRIBUTIONS
CONTRACT KC-9166.
Comment: HUD has notified the Iowa City Housing Authority that
1996 ClAP funding has been authorized in the amount of
$182,385 and requests ClAP Amendment HUD-53009 be
executed, The Iowa City Housing Authority is authorized to use
these funds for replacement of items in the Public Housing units
that have reached, or are about to reach, the end of their useful
life.
(3)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR
THE SANITARY SEWER, STORM SEWER, TILE LINES,
WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR THE
EAST HILL SUBDIVISION, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
f. Correspondence.
(1) Wilfreda Hieronymus regarding downtown.
(2) Neighbors of Sycamore Street regarding 1418 Sycamore Street.
(Memorandum from City Manager included.)
Ootober 8, 1996
City of Iowa City Pag~ 4
{3) Curt and Nancy Skay regarding 828 St. Annes Drive.
(4) Gary Watts and John Moreland regarding extension of Court Street.
(5) John Gross regarding downtown beautification.
(6) Charles Gurney regarding animal control ordinance.
(7) Michael Brodt regarding animal control ordinance.
(8) Grace Trifaro regarding animal control ordinance.
{9) Grace Trifaro regarding exotic/wild animals.
(10) Susan Goodnet, M.D., regarding pigeons.
(11) Benn Dunnington regarding Shaw shooting incident.
(12) Steve Hendrix and Dianne Kaufman regarding Shaw shooting
incident,
(13) Betty McKray regarding Shaw shooting incident.
{14) Notice of Purchase of Equipment from the Purchasing Division.
(This is placed on the agenda in compliance with State Law.)
(15) Richard Dolezal regarding Oakland Cemetery expansion. (previously
distributed)
g. Applications for Use of City Streets and Public Grounds.
(1)
(2)
{3)
(4)
Grace Trifaro (Citizens for Animal Rights and the Environment) for the
purpose of distributing literature - September 23. (approved)
Joy Kelly (Regina High School) for the purpose of Regina Homecoming
Parade - September 27. (approved)
Lissa Novitch (American Diabetes Association) for the purpose of
Walktoberfest - October 6. (approved)
Robin Butler {Northside Marketplace) for the purpose of Northside
Marketplace Street Festival - October 13. (approved)
Applications for Use of City Plaza.
(1) Kevin Burt (Conner Center) for purpose of fundraising
October 3, 1996. (approved)
(2)
(3)
Eugene Bilyk (ISKCON) for the purpose of distributing literature -
September 30 - October 2. (approved)
Cass Kernstine {Old Capitol Skaters' Alliance) for the purpose of
selling Chamber of Commerce coupon books - October 4. (approved)
October 8, 1996
(4)
City of Iowa Cit~
Po~e 5
Joseph Ditto for the purpose of selling hand-crafted blankets and
sweaters. (Ambulatory Vending Permit for remainder of 1996 season)
(approved)
END OF CONSENT CALENDAR.
ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
ITEM NO. 6 PLANNING AND ZONING MATTERS.
Consider a motion setting a public hearing for October 22 on an
ordinance amending Title 14, Chapter 7, entitled "Land Subdivisions,"
Article A, entitled "General Subdivision Provisions," Section 4, entitled
"Establishment of Control," pertaining to City review of subdivisions
located within two miles of the City's boundaries.
Comment: At its September 19 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
amendment to the subdivision regulations. /~ ~.
Action:
#5 page l
ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/Public Discussion. '1 i is is for items that are not on tonight's agenda. Please
come forward and sign in and state your name for us.
Jim Throgmorton/I understand we now have these stickers.
Nov/We have stickers and I forgot to mention. If someone would like to fill their
name and address in on the sticker instead of on the sheet, it works very
well.
Throgmorton/Well, good evening friends and former colleagues. My name is Jim
Throgmorton. I live at 715 N. Linn Street. Like several of you, I attended the
County Attorney's press conference last Thursday. I left feeling shaken and
the feeling has not gone away. What I heard Pat White say is that Officer
Gillaspie had been negligent, had engaged in malpractice, had caused a
wrongful death that was not justified. Far more important, I heard Pat White
say, in effect, that it is not a crime under Iowa law for a police officer to
walk unannounced into an office and shoot an unarmed businessman in the
chest. As I walked out of that press conference, I watched Biossum Shaw
try to translate her agony into words. Put yourself into Eric's shoes she said,
if you dare, and keep yourself there long enough to ensure that real justice is
done for this brutal killing. The anger and pain and grief I saw on that fine
woman's face just about broke my heart. What Shaw's mother said shook
me to the core as it should have. Who, I asked, is responsible for Eric
Shaw's death if the act of killing him was not a crime. What can I do to help
make sure that justice is done? The more I thought about these two
questions, the more I concluded that the best thing I can do is speak to you
and the people of this city as a former city councilman and to give you some
sense of what I would advise myself to do if I were in your situation as best
I understand it. So here is what I would tell myself. First of all, don't flinch.
Put yourself in Eric's shoes and try to make sure that justice is done. My
naive understanding of state law tells me that you cannot appeal the County
Attorney's decision. I also understand as a matter of contract with your
employees that you will be in a position to defend Officer Gillespie in the
event that a civil suit is filed. Moreover you cannot bring Eric Shaw back to
life. But you can do everything to make sure that a killing like this never
happens again in this city. If the killing is not a criminal act under Iowa law
then you can lobby for changes in the law. More to the point, if the killing of
Eric Shaw was not a crime, then something seems to have been drastically
wrong with this city's police policy or training. You must probe that policy
and to extent that you have riot already done so, change the parts that can
now only be described as despicable. Why, you should ask and some of you
surely have, why was Officer Gillespie apparently trained to go through the
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door with his gun aimed at body level. Why, you should ask, were the police
officers involved not expected to know the work patterns of local business
people. Why, you should ask, were the businesses in the area not notified of
the rash of burglaries and advised of appropriate precautions to take.
Precautions that might have enable them to avoid being burglarized or
experience a wrongful death at the hands of their own police. Why, you
should ask, weren't the officers instructed to call the owner of the business
before entering. When I ask these questions I feel a very strong sense of
personal moral responsibility for Eric Shaw's death, Though I do not
remember ever reviewing or approving our Police Department use of force
policy, a policy that contributed to his death, there is such a policy and as a
former councilman I feel a share of responsibility for its existence. I would
want to dive into that policy no matter how thick, no matter how couched in
the language of technical expertise and try my best to make sure this kind of
tragedy never happens again. I would like to make one last point. Two
weeks ago a former mayor, John Balmer, you, Dean and the Press Citizen
condemned Karen Kubby for being divisive, for not acting as an authority
figure and for not closing ranks and behaving as part of the team. Contrary
to those judgments, I would want to say that this is a not a private matter to
be resolved exclusively by the Police Department, the DCI, the County
Attorney, the council and the courts. Rather it must be understood as
preeminently a public matter that goes to the heart of what it means to
exercise the rights of citizenship within a democracy. I would therefore urge
you to work through this tragedy with the Shaw family, with the people and
with the police officers of this city. Otherwise it will become an open wound
that will grow increasing infected over time. With that in mind, I would want
to praise you, Karen, for having the courage and wisdom to recognize and
embrace that fact and for doing what you can to insure that the people of
this city have a voice in shaping and changing their city's use of force policy.
By singling out Karen, I mean no disrespect to each of you, and I'm sure you
understand that. I know that each of you is striving to do your best in a very
difficult situation, and Dean I understand that your efforts are complicated
by a serious illness in your family. I think I understand what that feels like
and I just want you to know that I hope things work well. In the end what I
advise is, don't flinch. Vote the policy. Work with the people who elected
you. Thanks.
Nov/Thank you.
Dan Tietit/My wife and I own a business, PIP Printing in Iowa City Iowa. It's
located on Highland Avenue. We've been there about eight years and we
have what I think's a severe drainage problem in the area. And the reason I
address the council is I understand next spring Highland is set for a sanitary
sewer and they're considering adding a storm sewer at the same time.
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That's not been approved. About a year and a half ago, we received about
~400,000 worth of damage to equipment, inventory in the building because
of improper drainage on Highland Avenue. And what happens is, there's an
area between Harv's Auto Body and PIP Printing that's a private road, I own
that road and the water does not go under Highway 6 properly. It backs up
on that road and it goes into the two buildings on either side. What that road
is being used as, and it is my land, is a water retention basin until it can go
under Highway 6. When the water's backed up there, employees cannot get
to work, We cannot get deliveries. Water comes in our building. Harv's Auto
Body cannot get deliveries. His employees cannot come to work. Our
employees have to move the vehicles. I prepared a document for you about a
ten page document that I'd like you to look at at your leisure. It explains our
problem. It shows some pictures of the damage and things like that. And I'd
really like you to consider somehow helping adding the storm sewer system
to the sanitary sewer system on Highland Avenue next spring. Thank you.
Nov/Thanks.
Kubby/Steve, our recent prioritization for CIP, Highland was on there. Did that
include the storm sewer or not?
Atkins/I don't recall. I'll find out for you and I'll let Dan know. I recall the project
specifically.
Nov/You'll send him a letter and let him know?
Arkins/We'll work on it,
Kubby/Karin shook her head that it did include the storm sewer improvements as
well as sanitary sewer.
Norton/I think it did, yeah.
Atkins/We'll prepare something anyway so he can have a better idea on the whole
scope of the project. We'll get that out to you right away.
Nov/It sounds like it is in there Karin said.
Kubby/Thanks.
Ken Mobily I've come to represent the Iowa City Senior Center and been asked to
make a brief report on the activities over the past couple of weeks. First
item is that the activity room floor is scheduled to be replaced in early
November. Linda Kopping has been working with Mike Foster of Senior
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Dining and Lynn Biachini and they're going to try and schedule that
renovation in a way that is least disruptive to the Senior Dining participants.
Second item, the fifteenth anniversary of the Senior Center was a great
success and the Senior Center Commission along with Linda would like to
extend their gratitude to the Council members for attending that event and
Mayor Novick for speaking and helping our volunteers, many of whom have
worked there for 15 years. The third item, Julie Seal has been hired been
hired as the program supervisor and is doing a remarkable job acclimating
herself and meeting all the participants over the past few weeks since she
started the job. They anticipate she'll do a great job. The last item, the next
featured artist on the gallery walk is a well known Iowa City artist, Marcia
Wegman. The gallery walk is scheduled for October 11, and we'd like to
invite you to attend from 5:00-8:00PM on that day. Thank you.
Nov/Thank you.
Rene Paine/823 Ronalds. Tonight I'm representing Public Access Television. First
of all I'd like to thank all of those Council members who voted to approve
the contract with PATV. We really appreciated that. And I would just like to
hand out our current newsletter. In it it talks a little bit about a discussion
group that we're forming to talk about access in Iowa City. And we're
hoping that people come to this. This month is going to be this coming
Sunday from 1:00-3:00PM over in the meeting room at the Iowa City Public
Library, meeting room C. And what it is we're trying to find out what people
in the Iowa City and Coralville area want out of access, so this is sort of our
one of the ways we're trying to reach out to the community and get some
input, what you want to see on as far as programming goes and what we
can do better, what services we can provide better for this area. So we
can't get better unless we get input from the community and I invite each
and every one of you to attend and also the viewing audience. We're hoping
that this becomes a real interactive sort of group. It's sort of going to be
pretty informal but it's an opportunity for people to let us know what it is
they would like from access. Thank you.
Nov/Thank you, Rene. Is there anyone else who would like to talk to Council about
some topic that is not on the agenda?
Carol deProsse/I spoke a couple of weeks ago and I am here again tonight to speak
about Eric Shaw. When I sat down next to Jim Throgmorton a few minutes
ago, he said that he didn't remember seeing me in the council chambers
while he was on the city council and I said other than one issue, which was
the widening of Kirkwood/Lower Muscatine which I was opposed to, I have
never set foot in the council chambers since I left the city council a number
of years ago. So something is obviously bothering me for me to be here two
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consecutive meetings. First of al~ I would like to tell Karen Kubb¥ how much
I respect her and how much I appreciate what she has tried to do over this
matter of the killing of Eric Shaw and I would like to thank both Ernie
Lehman and Karen Kubby for having gone to the Shaw family and I thank
others of you who have but I only know of those two because Ernie told me
they did in the paper and how it was for them to do that and I am sure it
was and I appreciate that very much. For those of you who haven't, I still
hope you go and if you don't, I hope some day you realize how you severely
neglected your duties as representatives of iowa city not to go. The other
thing that I would like to say is that I feel very distressed over an article that
1 did not read in tonight's Press Citizen but that I saw a headline about which
is a issue apparently related to Eric Shaw and his state of mind or his
emotional state or something at the time that he was killed and I debated
about whether to read this article and chose not to right away because I
wondered what it had to do with this whole terrible thing that has happened
to this young man and to his family and I decided that it didn't have anything
to do with it so I didn't care to know anything about it. But I would like to
say that I am very disappointed in the Press Citizen because it seems to me
as so it is diverting the issue that this community should be focused on and
that is why a person can be where they have a right to be, be there at any
time of day or night, but be legally there and be killed by a policeman of their
community. And in this case our community, in this case Iowa City. And I
went to the press conference of Pat White the other day and I have known
Pat White a long time and he said that at his press conference. I served on
the city council with Pat White and I know he is a deliberative person. But he
is only, in my opinion, one lawyer and it is only one legal opinion. And it is
not that I have any particular desire to see Jeffrey Gillaspic spend time
behind bars. I feel the man is sorry beyond all human comprehension
probably for what he did. But he did do it and I believe that if Eric Shaw had
been there that night with a gun that legally belonged to him and had heard
a noise outside the building and in an instance, without thinking, had pulled
the trigger because of a shadow, a flash of light, a line of sight, a sound,
anything. It might have startled him and made him act irrationally and he
could have killed someone and he could have killed a policeman in uniform.
He could have killed a child. He could have killed anybody and I think it is
very likely, particularly depending upon who he might have killed if he have
killed a police officer or a young child, that he might be facing murder
charges today. I think there is a different standard for people in uniform, for
policeman and police women and how they are viewed in situations like this.
And I think that maybe Pat White did not believe that was operating in his
mind and maybe in his mind it is buried so deep in his consciousness that it
wasn't. But I believe it was. So I think Jeffrey Gillaspic needs to face
criminal charges. I think he needs to be judged by his peers. I think his story
needs to come out and I think a strong prosecutorial role needs to be played
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so that the truth can be better determined than at private meetings between
people who do these things and that it is a single person's judgment. So I
don't know if Jim Throgmorton is right and the city council can't overrule Pat
White. That is probably true and I don't think that I would be asking for you
to necessarily do that anyway. But I do think that there is a role that can be
played by those council members who feel that justice perhaps has not been
served and that is to assume a leadership role that has been severely lacking
in all but one of you and in lesser degrees to a couple of you. And that is to
promote further discussion about this, a further investigation of where those
of us in the community who are concerned about this can go with this issue
and most of all to let the Shaws know that they are still not alone in this. It
is just not at all surprising to me that they- I mean they will do anything
because they rightly see themselves as the victims of this crime and there
has been a lot written and said in recent years about victims and victims
having no role, no rights, and I think they probably feel a lot of that right
now. So of course they talk about everything they can do and perhaps what
they want done may in the end be in the retribution they want, if they want
it. It may be different than what I seek. But I don't think that what has
happened yet is a public airing of this issue so that those in the community,
us to whom this has happened also, can feel somehow that we have any
sense of conclusion because I have none and I don't want Eric Shaw
forgotten. I don't want you to forget him. I know many of us in the
community won't. But I am afraid if somebody doesn't come down here
every time and say something, are you going to say anything about it. This
man is not much older than my son and he is dead forever. He is gone from
this earth and I don't think we really know why.
Kubby/Carol, there- It is really difficult to know what the best thing in my mind to
do with and for the community in terms of this sense of closure. And in a
certain sense I guess I am looking to you and other people out in the
community to help guide our actions. Whether you agree with Pat White's
conclusion or not, I think a lot of people have that same sense of what is the
appropriate next step for our community, not just our council but the
members of the community. Whether that is- We have decided to go through
an accreditation process with maybe an addition of some community
standards incorporated into that kind of national standards of providing
police services to the community and we are talking about a citizen review
board and I guess I need some guidance the community and general about
what do you need for a sense of closure to move forward and through this
process of community wide grief that is happening.
deProsse/No, I just would like to speak to that just briefly because right at this
moment I don't exactly what I might ask of you or other members of the
City Council. First of all, I believe that things like this, no matter how careful
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we are and how careful we construct our society and how many rules we
make and how many citizen review boards we create and make which I am
in favor of. But I don't think we can say it will never happen again.
Accidents, terrible things happen to good people and terrible things happen
to bad people. but this was more than a terrible thing. This was a community
event, I am afraid to say, in which I think it gives us an opportunity to look
at the different standards to which different people in the community are
held and maybe- I know it is not just my perception but I am willing to say
that maybe my perception is wrong. I haven't held it my entire life, I have
only held it for 8, 10, 1 2 years or something. But that is that I believe that
across this country, across American society, police kill people and they get
away from it far differently than when citizens kill either other citizens or kill
policeman. So I believe that there is a different standard and I guess I would
like to know why 1 would like us to talk about that. Is there a different
standard in this community? Does Pat White's discussion of that and his
interpretation create that different standard. I mean, unless I just bump into
somebody on the street and we talk about this issue, it is not really being
talked about in a community level and so maybe what I am suggesting or
proposing is, God knows, not something like the forum at Old Brick but that
we have some forum, some community gathering, something at which we
discuss something more basic to this and that is how-what the different
roles, how we view those roles and whether, because of Those roles, people
are accorded different standards and if they are, those standards write them
because I feel just so strongly, as I said and I cited an example and I could
cite many others and I could cite examples from recent cases in Iowa City
where people have been killed and charged with murder and I think that it
could at least be argued that they didn't intend to kill. So I want to know
why this murder has occurred and you are going to be going no place with it
that I can tell.
Nov/Carol, one of the things we can do is what Jim suggested. We can work, as a
city and not just the council, but the community to think about these
standards and practices that the police are using.
deProsse/But that is, even if we look back, the point is in the absent of charging
Gillaspie with some kind of a crime, it says that he is being treated
differently. The standard for him is different and so looking at practices
about police behavior and so forth or talking about things we might impose
or enact in the future supposedly to at least lessen the chances of something
like this happening again. And I guess that is why I am always afraid that we
are going to become unfocused on this issue and that is the killing of Eric
Shaw by an Iowa City police officer and lessen than an adequate hearing in
my mind, both in the legal system and in the civilian community system
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about what happened and what went wrong and why, if I am right, that then
a policeman is judged differently from someone else.
Nov/I won't argue about judging differently. This is a Pat White decision which we
cannot override. But I will tell you there will be p.h.s as we get into the
citizens review process, as we get into the oversight of the Police
Department in the future. There will be p.h.s.
deProsse/Well, I think I understand that and I guess that is just not what I am
talking about at all at the moment. I am sorry that I can't communicate it
any better. At least you, Naomi. But a civilian review board and talking about
this 5, 6, 8 weeks down the road and nobody is thinking about whether
Gillespie should face criminal charges or not is really not at all what I am
talking about. I guess I just have one point, maybe it is to Linda. Do you
know anything about what I did read in the paper, I think yesterday, where
one of the Shaws said something about that a person could instigate an
investigation by the federal Bureau of Investigation or something like that by
filing an individual civilian request to do so? Are you familiar with that and
did you see that in the paper?
Woito/I saw that in the paper. I have no personal knowledge of it. I do know
somewhat of the law. You can ask the Justice Department, the federal
Justice Department, to investigate whether a governmental employee or
entity has taken criminal actions to deprive another of their civil rights,
namely the right to life, liberty and property and the right to live a life
without unreasonable force. And it would be the Justice Department that
would undertake that.
deProsse/And that can be initiated by me?
Woito/By anyone.
deProsse/Thank you.
Woito/It is a very high burden. It is a higher burden that any of our state statutes to
prove.
Norton/Carol- Or Linda, is it possible that a petition to ask staff to reconsider and
submit to the Grand Jury? Is that a- is that possible?
Woito/It is a possibility.
Norton/He chose not to but I mean one could presumably encourage him to do so.
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Woito/I mean that is his- He has the authority to either file a trial information or to
present it to a Grand Jury and he chose to make the decision himself.
Norton/But that would certainly be one way to get a broader spectrum of the public
directly involved in the details.
deProsse/Well, I appreciate that but I was at the press conference and I don't want
to waste my time running around trying to get a petition to get Pat White to
try and change his mind. He said that he had given it due deliberation. I
believe he did. I believe that he gave a lot of Pat White deep thought and he
is very grieved about what happened and I felt that and I believed him in his
grief. I thought he was real but he did say in his mind that the investigation
was closed and I suppose there is a .01% of a chance that it is not. I prefer
to spend my time and energy on some other front than trying to do that from
someone I know as well as I know Pat White. So thank you.
Lehman/Carol, just a couple of comments. I have been on the council 2 1/2 years. I
don't think we have ever been as united as a council as we are on this issue.
I mean this is of utmost concern to all of us and I guess I am a little bit
concerned and I am very sorry that that concern has not be conveyed to the
public. But we have been a position from almost day one where we knew
almost nothing and perhaps we should have said more than we did. But our
concern, our grief, is great and you can be assured this council has a
resolution to get this thing going and Jim, questions you asked, this council
will ask and we will find as many answers as we possibly can and I think
that we are totally committed to that. And for this council, we are pretty
diverse but this is one issue that we are totally committed on and I think the
public really needs to know that.
deProsse/Well, I hope so and if that is the case then thank you very much.
Lehman/It is. That is the case.
deProsse/That is excellent. I am very happy to hear that.
Nov/I did start to say that we begun to do the kinds of things that Jim
Throgmorton has mentioned and they will continue. Thank you for the good
thoughts and Carol, if you find that your organizational talents come up with
a good idea for a public forum, let us know.
deProsse/Well, you know, I am sure my organizational talents would be up to the
task. I am not sure it is my role to do it. I am no longer a representative of
the city and I don't choose to be kind of a gadfly representative of the city. I
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would rather be out on my property in Lone Tree tending to the things I like
to do then here.
Nov/I understand, okay. Thank you. Good night. Okay. Is there anyone else who
wants to address the council?
John Balmer/Madam Mayor, members of he council. My name is John Balmer, 10
Princeton Court, I am going to change subject matter very briefly. I spoke
several weeks ago relative to the Shaw tragedy and I certainly hope that the
dialogue will continue and whatever any of us can offer is as positive and
healing comments will continue to do so, I have a question as it relates to
the new water treatment plant and several revelations that have come to the
public's notice. One of which is the pipeline that has to be moved for a sum
total of 8800,000. I guess my question is who knew about this pipeline?
Why was it not addressed at that time? And who's responsibility is that? Is
it an administrative responsibility? Is it the consultant? I know who is going
to pay for it.
Lehman/John, we have known about this from day one.
Balmer/Why wasn't something mentioned then at that time about the possibilities
of having to move that?
Lehman/It was.
Norton/It was in the original-
Balmer/It was in the original?
Lehman/It has been there since day one.
Balmer/It has been there but it was never mentioned that it is going to have to be
moved to my knowledge.
Lehman/Yes, it was.
Kubby/Actually there were two choices that we looked at. One was moving it and
one was trying to somehow contain it. And we thought that moving it was a
much safer option for public health. That we knew it was just not going to
have petroleum products going through it.
Balmer/Was that built into the original-?
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page 11
Lehman/John, is was except the estimate that we had at the time was far different
than the contract that we have now. Okay. On the other hand, the sewer
pipe going south of town was estimated at $18 million. It came in at under
$1 3- So I mean we have-
Balmer/You didn't broadcast that very much.
Lehman/I think we did. We estimate, I think, as well as we can and I think we have
good engineers. Occasionally things don't come in the way we want them
This is not something that was a surprise.
Balmer/I know it was discussed originally. But the original discussions that 1
remember there was not a lot of discussion about moving it. I accept your
answers. secondly-
Thornberry/John, before you leave that subject, that was a previous council that
knew about this pipeline. When it came out later on, it was a surprise to me.
I didn't know that we were going to have to move the pipeline because I
wasn't on the council at the time that it was discussed. So it was a
revelation to me. But I said why wasn't this thought out before and they tell
me, well, it was. It was in the original and all of that, I didn't know about it
but that was a previous council and I just wasn't aware of it.
Balmer/Second question has to do with the water that is actually there. I hear that
there may not be the reservoir of water, supply of water, that was originally
thought. Do you have any comments.? Has there been anything?
Arkins/All the pump tests have been very successful.
Balmer/They have?
Atkins/Yes, they have been.
Nov/There were some early pump tests that were less successful and that maybe
what you have heard about. But the recent ones have been much better.
Atkins/The first Silurian well did not produce and they had to fracture again. All the
all pump tests have been very satisfactory.
Balmer/Is that where the majority of the water will be coming from or will you be
going along the property that you purchased from Meardon? How much of
that are you going to rely on?
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Atkins/The alluvial well will probably be the single greatest production well located
on the peninsula site and that water will find its way out to the treatment
plant. Don't hold me to the- I can give you the numbers if you give me a call.
But I think we have four Silurian, two Jordan on the site and at least two
well on the peninsula site. Of course we have the ability to draw from the
river also. So we have a variety of sources.
Balmer/Okay. I appreciate the information. Thank you.
Thornberry/And once that original well was refractured, the water is there.
Balmer/I will mention this on the radio on Friday.
Kubby/Even with all those sources of water, we are still talking about 50% river
water. So even with all that other resources out there, we still have a
complicated formula.
Nov/The main thing is the water is going to be better.
Kubby/It better be.
Nov/Is there anyone else who would like to talk to city council? All right, moving
O[I.
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F100896
October 8, 1996
b.
City of Iowa City Paiie 6
Consider a motion setting a public hearing for October 22 on an
ordinance amending Title 14, Chapter 6, entitled "Zoning," Article M,
entitled "Accessory Uses and Buildings," Section 1, entitled "Permitted
Accessory Uses and Buildings," to allow satellite receiving devices
smaller than one meter in diameter in any yard or on the roof of any
structure in residential areas.
Comment: At its September 19 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
ordinance. The Commission's recommendation is generally consistent
with the staff recommendation in the September 19 staff
memorandum.
c. Consider a motion setting a public hearing for October 22 on an
ordinance amending Title 14, Chapter 6, entitled "Zoning," Article 1,
entitled "Public Zone," Subsection 4, entitled "Special Exceptions," to
allow communications towers as a special exception in the P, Public
zone.
Comment: At its September 19 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
ordinance. Staff recommended approval in a report dated
September 19.
d. Consider a motion setting a public hearing for October 22 on an
ordinance amending Title 14, Chapter 6, entitled "Zoning," Article B,
entitled "Zoning Definitions," to add definitions associated with wireless
communications facilities, including "communications tower,
"communications equipment building," and "communications station."
Comment: At September 19 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
amendments. Staff recommended approval in a report dated
September 19.
g6b page 1
ITEM NO. 6b. Consider a motion setting a public hearing for October 22 on an
ordinance amending Title 14, Chapter 6, entitled "Zoning," Article M, entitled
"Accessory Uses and Buildings," Section 1, entitled "Permitted Accessory Uses and
Buildings," to allow satellite receiving devices smaller than one meter in diameter in
any yard or on the roof of any structure in residential areas.
Nov/Moved by Vanderhoef, seconded by Lehman. Was there any discussion?
Kubby/I would like to request some information about the exemption from having
this follow part of the federal cable act or whichever federal mandate this is
that we are trying to comply with before we vote on this. Just to know what
the exemption criteria is and what the process is to file for it. Does anyone
mind getting that information?
Nov/Didn't we ask for that last night?
Nov/I am not sure if we officially requested that but I am doing so now.
Nov/I thought we did, didn't we Dale?
Kubby/Well, anyway.
Nov/All right, if we didn't, we now did.
Kubby/Thank you.
Nov/Any other discussion? All in favor please say aye- (eyes). Motion carried.
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#6c page 1
ITEM NO. 6c. Consider a motion setting a public hearing for October 22 on an
ordinance amending Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public
Zone," Subsection 4, entitled "Special Exceptions," to allow communications
towers as a special exception in the P, Public zone.
Nov/Moved by Norton, seconded by Thornberry. Discussion7 Same applies to this
one, Karen?
Kubb¥/If there is one, yeah.
Nov/Yeah, there is.
Norton/I just want to add that this is just part of a very complicated situation we
are trying to prepare for when personal systems with their requirements for
towers that directly beam on every house is going to lead to a forest of
towers in many communities and we are trying to get our zoning regulations
in shape for it.
Nov/And we will inquire about exceptions that might be allowed or restrictions or
whatever. Any other discussion? All in favor, please say aye- (Aye). Motion carried.
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F100896
October 8, 1996
City of Iowa (~ity
Page 7
Public hearing on a resolution approving the voluntary annexation of
approximately 7.12 acres 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 repor~ dated August 15.
Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of approximately 7.12 acres located west
of Dubuque Street and south of the Iowa River, from 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 repo~ dated August 15.
Action: ~~ ~/~ "~ '/
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) (Second consideration)
Comment: At its May 16 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
vacation, subject to the retention of utility easements. The Commission
recommended the alleys not be disposed of until an agreement is
reached between the City and Roberts Hometown Dairies regarding the
improvements to Dodge Street and the value of the alleys. Staff
recommended approval in a report dated May 16.
Action: ~/~~' ~/~'~ ~/y
Consider an ordinance vacating a portion of Lee Street, an undeveloped
right-of-way located between River Street and Otto Street.
(VAC96-0001) (Pass and adopt)
Comment: At its June 6 meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of the vacation,
subject to the retention of easements for a storm sewer and public
utilities. Staff recommended approval in a report dated June 6.
Action: ~_~/~~z~
October 8, 1996
City of Iowa City
Paine 8
Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning,"
Article H, entitled "Industrial Zones," Section 3, entitled "General
Industrial Zone {I-1)" to add a special exception to allow limited retail
sales in the I-1 zone. (Pass and adopt)
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.
Act ion: 7/~~, / ~-'~ ~c-'7 ~
Consider a resolution approving a final plat of Galway Hills, Part Three,
e 21.29 acre, 53-1ot residential subdivision Iaeated south of Galway
Drive and east of Highway 218, Iowa City, Iowa. (suBg6-0014)
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 24.
Consider a resolution approving the final plat of Hunters Run, Part 8, a
7.58 acre, 17-1ot residential subdivision located on the north side of
Rohret Road, east of Goldenrod Drive. (SUB96-0019)
Comment: At its September 19 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval subject to approval of
legal.poa.p~e~rka~d construction drawings prior to Council consideration of
the .l~.~ Staff has recommended approval in a report dated
September 19. Construction drawings have been approved. Legal
papers are being reviewed by the City Attorney's Office.
#6j page 1
ITEM NO. 6j. 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/Moved by Norton, seconded by Lehman. Discussion.
Norton/I would just like to make sure that this doesn't- that this is just particularly
approving the plat, the final plat. This does not deal with the issue that we
discussed about tap on fees. Right?
Woito/That is correct.
Nov/We can still discuss tap on fees at another time.
Norton/It will be taken up separately after we I~ave further chance to study the
issues?
Woito/Yes.
Norton/Okay.
Woito/Do you want to include this property in the site specific sanitary sewer
ordinance? We can discuss that later. Right now the legal papers do not
include an agreement to pay the tap on fee.
Nov/Okay. Now if we do not have this tap on fee in the current legal papers and if
someone buys the lot and builds the house before we have that ordinance,
they then do not pay that fee?
Woito/Correct, until we have the ordinance in place or at least a lot further down
the road than we are now.
Lehman/When do you anticipate that ordinance we be complete?
Woito/It would be at least three or four months.
Nov/It will be a little while.
Lehman/The chm.ces of selling any lots out there before next spring or summer is
slim and none. We are just talking about passing this so that they can start
grading and get the subdivision ready.
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Nov/Okay. We understand that they can start grading. Can we put a condition on
this that says building permits will not be issued until after this ordinance is
completed? The house construction permits rather than the grading permits?
Kubby/Why are you asking Chuck?
Woito/I mean I assume he isn't going to agree to that. I can't force him to do that
at this juncture. I mean, you can't force him to do that at this junction.
Nov/We cannot approve it with conditions at this stage. I just want to clarify all the
options here.
Woito/Unilaterally you cannot request that unless they are agreeable to it.
Nov/Okay.
Baker/Can I get some clarification on the process we are going to follow after this?
If we are not attaching that condition of making it clear that we intend to do
that with this particular resolution, we have in place a sewer tap on fee
enabling ordinance and we have used it in the past to do site specific
ordinances. Now, I assuming that that process, the site specific ordinance is
still agreeable to the council. We may discuss whether or not this particular
property is subject to that but that when the ordinance comes to us with site
specific, it is going to pass.
Woito/Yes.
Nov/We have already passed enabling ordinance.
Council/(All talking).
Baker/Well, I want to make sure it is not a question because-
Norton/I have to see the fine print before I sign on.
Nov/The enabling ordinance is already here. It is just not the site specific
ordinance.
Woito/But you will see the site specific ordinance.
Baker/I want to make sure there is support for a site specific ordinance coming
down the road.
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Kubby/Because it would more than this property in that site specific ordinance. I
don't think that there is probably four people to direct staff tonight to have
Galway Hills, Part III be part of that language.
Baker/I was just wondering if there were four people here tonigilt who want to say
to staff don't pursue the site specific ordinance in general because we don't-
Woito/Oh no, I never understood that.
Council/(All talking).
Norton/He wants to be sure or too sure.
Baker/We have discussed impact fees in other forums before and we have just
downed down a water impact fee. The majority of council didn't want to
pursue that. I just wanted to see the principle already established will be
followed through. I am making that assumption and we can debate this
particular property in the context of that other ordinance,
Norton/The question is how far in the infrastructure do you go.
Kubby/Well, that is really not the point. The point would be a specific agreement in
giving the easement that is bringing this up. I guess what I would like-what
would be helpful to me in making a final decision is because we have
different staff people in the City Attorney's office with different opinions and
Public Works has a different opinion, too, even have a half of page
explanation or a discussion. Have different discussion about why the
interpretations are different and what they are based upon and that would
help me make a more rational decision about which way to go.
Woito/We will do that.
Kubby/That will be helpful to me.
Norton/But this will be on a work session before very long?
Woito/Yes.
Thornberry/And this is going to be a very long work session for this one.
Norton/Yeah.
Nov/We had a long discussion yesterday and we will have more than one more.
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Woito/In terms of priorities, there is Phase II of the Northwest Interceptor that is
being done that will come to you first before a site specific sanitary sewer
ordinance. Then this one. This is the Westside Trunk one. That is why I am
estimating it is not going to be here within the next two months.
Nov/Okay, if we can direct staff to get it before the next construction season, that
is when we would like it.
Woito/Chuck is not here. Anyway, we are working as hard as we can on it.
Nov/Okay. Roll call- (yes). Okay, this resolution has been approved.
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#6k page 1
ITEM NO. 6k. Consider a resolution approving the final plat of Hunters Run, Part 8,
a 7.58 acre, 17-1ot residential subdivision located on the north side of Rohret Road,
east of Goldenrod Drive. (SUB96-0019)
Nov/(Reads agenda). Are the legal papers okay?
Woito/Yes.
Nov/Moved by Lehman, seconded by Thornberry. Any discussion?
Thornberry/Was this the property that we were talking about with the entrance?
Norton/No, the fences in the back.
Thornberry/Is that-
Nov/That was not it. That was-
Woito/This is Schintler.
Norton/The houses back on the arterials.
Thornberry/Okay.
Vanderhoef/And we were concerned about the appearance along Rohret Road if
just fences went up to protect their backyards.
Nov/Request landscaping, right?
Thornberry/You can request landscaping. I don't think you can mandate
landscaping. You can't mandate the fence.
Norton/1 think staff agreed to go back and take a look at the ordinance. See if there
is anything we can do to help-to keep the appearance appropriate on
arterials.
Thornberry/Yeah, recommend.
Nov/Right.
Thornberry/I like recommendation.
Nov/Right. Okay, any other discussion? Roll call- (yes).
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F100896
October 8, 1996
City of Iowa City
Pa~e 9
Consider a resolution rescinding the preliminary plat of Saddlebrook
Addition, a 222.62 acre, 10-lot residential subdivision, and final plat of
Saddlebrook Addition, Part I, a 62 acre, 4-1or subdivision, located south
of Highway 6 and Heinz Road. (SUB95-0012/SUB95-0028)
Comment: At its September 19 meeting, the Planning and Zoning
Commission, by a vote of 4-2, with Gibson and Supple voting no,
recommended approval of rescinding the previously approved
preliminary and final plats. Staff recommended approval of rescinding
the plats in a report dated September 19.
Consider a resolution approving preliminary
Addition, a 222.62 acre, 10-1or residential subdivision, and a final plat
of Saddlebrook ,Addition, Part 1, a 62 acre, 4-lot subdivision, located
south of Highway 6 and Heinz Road. (SUB96-0018)
Comment: At its September 19 meeting, the Planning and Zoning
Commission, by a vote of 4-2, with Gibson and Supple voting no,
recommended approval of the preliminary plat of Saddlebrook Addition,
and the final plat of Saddlebrook Addition, Part 1, subject to approval of
legal papers and construction drawings prior to City Council
consideration of the two plats. Staff recommended approval in a report
dated September 19. The legal papers are being reviewed by the City
Attorney's Office. Construction drawings have been approved.
Consider a motion to authorize the Mayor to forward a letter to the
Johnson County Board of Supervisors recommending approval of a
request to fezone 38.22 acres located on the west side of Prairie Du
Chien Road, approximately 1/4 mile north of Newport Road from A1,
Agricultural, to RS-3, Suburban Residential. (CZ9445)
Comment: At its September 19 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended that the City Council
forward a letter to the Board of Supervisors recommending approval of
the proposed rezoning. Staff recommended approval in a report dated
September 19.
//61 pa~e 1
ITEM NO. 61.Consider a resolution rescinding the preliminary plat of Saddlebrook
Addition, a 222.62 acre, 10-1ot residential subdivision, and final plat of Saddlebrook
Addition, Part I, a 62 acre, 4-lot subdivision, located south of Highway 6 and Heinz
Road. (SUB95-0012/SUB95-0028)
Nov/Moved by Norton, seconded by Kubby. Discussion?
Kubby/We should probably explain. The only difference in the two plats is a median
along a collector street and there is nothing in our subdivision ordinances
that demands that there be a boulevard or a median on this street. It was an
amenity that the developer had talked about in the past and they want to
drop it from their plans and so the choices are to not approve the plat, the
final plat; let some time past so the preliminary plat naturally expires after a
certain period of time and they can re-submit e plat or to go ahead and
rescind it and approve the new plat that doesn't have the median on the
road. It would have been a really nice amenity. I am glad that there is
another median closer to the residential area near the mobile home park that
will be built, on Paddick, that will have a median. I think those kinds of thins
are really nice for entrances. It makes things more livable, I think, to have
that kind of green space along an entrance to a residential area.
Nov/(Can't hear) for care of those.
Kubby/We do need the neighborhood and the developer to join in with some
responsibility in maintaining those green spaces that are small and can be
neglected. I don't know if that was a very good explanation but I gave it.
Lehman/I understood it.
Nov/It was fine.
Venderhoer/1 can just say that I am disappointed that they are taking it out and it
doesn't serve any purpose to hold up this.
Norton/They gave up a boulevard which we couldn't require and we hoped we get.
Vanderhoef/I am sorry because I would have appreciated that look and it is going
to go down and T into a major street and I think it would have been a very
nice entrance to the city.
Thornberry/If it wouldn't have been kept up, it would have been an eyesore.
Kubby Maybe not. A kind of commitment- I mean, we have other boulevards that
are maintained..
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#61 page 2
Thornberry/I am just saying, if it was kept up it would have been nice. If it was not
kept up, it would have been an eyesore.
Kubby/I guess the other change in the plans, although it is not having to do with
the plat of this, is that there are two stormwater management basins. One
at the top of the development. The other on the bottom and at the beginning
there was a huge amount of negotiation about this particular development,
like a year and a half long process and we all learned a lot from this process
and before both stormwater management basins were going to be fully
developed before we allowed any development on the top land to start and
because we are not quite ready to put the sewer in, we are now changing
the lower stormwater basin time frame. That they don't have to put it in on
the front end because then we would come in and tear it up to put in the
sewer. That we are going to wait to put the sewer in before we do have that
and to the lower basin. And I think that makes a lot of sense. There would
be no sense in spending all that time and money to develop it and just rip it
up in three months. A waste of resources to everybody.
Nov/It is going to be nicely landscaped flood land eventually.
Kubby/It will be a reconstructed conservation.
Nov/Any other discussion? Roll call- (yes). The resolution has been approved.
Kubby/In the staff report about this issue, there was a mention about our new
inspector that kind of deals with our environmental laws and it is called a-
This person's title is Development Regulations Specialist and I know that we
have really struggled with this title and I asked about- I asked the developer
about how the interaction has gone between this inspector and people on
site in providing erosion control and making sure our environmental
ordinances are being followed and he said it was a really cooperative venture
out there which is a really good report. I would love us to find another title
for this person who is the inspector. This seems like a really heavy title and
that is not the atmosphere you want to create and I am really at a loss,
environmental inspector, construction quality assurance. I mean, I don't
want to get bureaucratic. But if anyone has an idea on the title for an
inspector that makes sure our environmental laws are being followed, pass it
orl.
Lehman/Why don't we just call him inspector?
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F100896
//61 page 3
Kubby/They have a specific focus, this person does. And it is going well, at least
on this first development that she is working and I would like to hear that
this relationship is a positive one.
Norton/Call him a facilitater.
Kubby/Environmental facilitater.
Nov/I think it is an Environmentalist I and then if we have two, they will say
Environmentalist II.
Thornberry/Or 12.
Nov/Moving on.
Kubby/Thank you.
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F100896
October 8, 1996
City of Iowa City
Page 10
ITEM NO. 7
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. This item was
September 24.
deferred from
ITEM NO. 8
CONVEYANCE BY SALE AND/OR LEASE OF LAND ADJACENT TO THE
ELKS GOLF AND COUNTRY CLUB.
Comment: This resolution and the public hearing was continued from
September 24 so that details between the City and the Elks could be
worked out.
a. PUBLIC HEARING
b. CONSIDER A RESOLUTION AUTHORIZING
Action:
#Sb page I
ITEM NO. 8b. CONVEYANCE BY SALE AND/OR LEASE OF LAND ADJACENT TO
THE ELKS GOLF AND COUNTRY CLUB.
Comment: This resolution and the public hearing was continued from September
24 so that details between the City and the Elks could be worked out.
b. CONSIDER A RESOLUTION AUTHORIZING
Nov/We need to defer the resolution until October 22. Moved by Norton, seconded
by Lehman. Any discussion?
Thornberry/ No, other than can we say anything?
Nov/We are just voting on whether or not to defer it. If you want to argue that we
should or should not defer, then this is the time for that.
Thornberry/No, I won't argue that point. Geez, I want this done, completed, over
with. I think it is coming to its fruition,
Nov/Okay, all in favor of the motion, please say aye- (ayes). Motion carries.
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ITEM NO. 9
CORRECTING ORDINANCE NO. 84~3219, VACATING A FORTY-FOOT
(40') PORTION OF THE ALLEY RIGHT-OF-WAY RUNNING NORTH-SOUTH
BETWEEN HARRISON STREET AND PRENTISS STREET AND ABUTTING
THE EAST SIDE OF THE PROPERTY LOCATED AT 522 SOUTH DUBUQUE
STREET.
Comment: On December 18, 1984, an ordinance was passed which
attempted to vacate the above described alley right-of-way. On that same
day, a resolution authorizing conveyance of the property to the abutting
land owners was also approved. The vacation process, however, was not
done in accordance with State law. Consequently, the subsequent
conveyance was also defective. The purpose of this ordinance is to correct
the ordinance which was passed on December 18, 1984. This hearing is
required by State law. This vacation is subject to the City of Iowa City
retaining water, storm and sanitary sewer, and utility easements. After the
public hearing and due Council consideration, this ordinance authorizes
vacation of the above described alley right-of-way.
a. PUBLIC HEARING
Action:
ITEM NO. 10
CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
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. {SECOND 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,
Action:
October 8, 1996 City of Iowa City Paine 12
ITEM NO. 11
ITEM NO. 12
ITEM NO. 13
CONSIDER AN ORDINANCE CORRECTING ORDINANCE NO. 96-3744 IN
ORDER TO ACCURATELY RENUMBER AND RELETTER THE ENDING
SUBSECTIONS OF THE SENSITIVE AREAS DEVELOPMENT PLAN DESIGN
GUIDELINES SECTION OF THE SENSITIVE AREAS ORDINANCE.
(FIRST CONSIDERATION)
Comment: The City Council approved amendments to the Sensitive Areas
Ordinance on September 10, 1996, through passage of Ordinance
No. 96-37~.~.. The ordinance, as approved, did not address the
ranumbering and relettering of the ending subsections of the Sensitive
Areas Design Guidelines section of the Sensitive Areas Ordinance. The
purpose of the proposed ordinance is to correct this oversight; it contains
no substantive changes to the approved ordinance.
:
CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN
THE IOWA CITY PUBLIC LIBRARY.
Comment: The Iowa City Public Library desires to reorganize using a
current vacancy within the Circulation Department. This will provide a
management position which is necessary for the efficient and productive
management of Library operations, and which has been requested for three
years during the annual budget process. In addition, the Library requests
an increase of a quarter-time Public Services Clerk with funding provided by
state reciprocal borrowing payments. This increase is necessary to provide
services when the vacant position is deleted. Memorandum from Library
Director included in Council packet.
Action: ~'/~, /
CONSIDER A RESOLUTION CONFIRMING TCI CABLEVlSION'S
REQUESTED RATE INCREASE AND ESTABLISHING TCI CABLEVISION'S
"MAXIMUM PERMITTED RATE" FOR BASIC CABLE SERVICE.
Comment: This resolution confirms that the current basic cable rate charge
is within the limits allowed under Federal Communications Commission
formulas and establishes a maximum permitted rate which is approximately
10¢ per month, per subscriber lower than that determined by TCI
Cablevision. The maximum permitted rate is the basis for future basic rate
increases and it is in the City's interest to ensure that it is accurate and is
not overstated.
#11 page 1
ITEM NO. 11 CONSIDER AN ORDINANCE CORRECTING ORDINANCE NO. 96-3744
IN ORDER TO ACCURATELY RENUMBER AND RELETTER THE ENDING
SUBSECTIONS OF THE SENSITIVE AREAS DEVELOPMENT PLAN DESIGN
GUIDELINES SECTION OF THE SENSITIVE AREAS ORDINANCE.
(FIRST CONSIDERATION)
Nov/(Reads agenda).
Baker/Why is this is an oversight but the other thing was a defect
Norton/Scribbner's error.
Council/(All talking).
Baker/I am just a little sensitive on the subject.
Nov/Moved by Kubby, seconded by Lehman. Discussion.
Kubby/Although, you know, there is some language difference in here. There is a
little section at least that is bolded and I don't know- I didn't go back to look
at my last copy. So it is not just renuinhering. We probably should have
talked about this but there is a section about being more flexible for
commercial research development, office, targeted industrial development.
So that if they are in an environmentally sensitive area that the lot isn't as-
Doesn't have as much land to build on, that we might reduce the yards,
reduce the parking lot, allow a higher building to compensate for that
environmental protection. I think those are really positive tradeoffs. But it is
more meandering.
Nov/Aren't they in there?
Kubby/I don't think so.
Karr/It is bolded in your copy?
Council/(Yes).
Kubby/That shouldn't be bolded. Someone hit the bold key?
Karr/I don't know. Mine isn't. What section was it that you were referring to?
Lehman/At the very end.
Kubby/Page 7.
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Lehman/At the very end.
Kubby/With all the examples and the illustrations of how a reduced yard might
have front porches.
Karr/Page 7 of the ordinance? The ordinance has three pages.
Woito/On the description;'
Kubby/I am on the description part.
Woito/Oh.
Nov/Well that-
Kubb¥/There are numerical changes to that which I guess I was just assuming
what we are voting on tonight is the description as well? Maybe not?
Lehman/Well, no, this is a new section L1 4.
Kubb¥/Okay, in the ordinance-
Lehman/In the ordinance itself, L1 4, it is a new subsection which is- Yeah, that is
new and it is L14.
Norton/On page 7, you mean it is a new paragraph?
Kubby/And in the ordinance it is outlined as such?
Lehman/Right.
Norton/Well, I didn't-
Lehman/I agree, I think that is a good change.
Norton/Substantive change.
Kubby/I just want to make sure everyone is aware of that before we vote on it
because I was kind of surprised.
Nov/No, really didn't think it was- It says new, I just missed it.
Woito/It ~s new.
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Nov/Just assumed it was all renumbered.
Kubby/Ooes anyone have a problem with this?
Nov/No.
Kubby/I mean, it is helpful for people developing in those zones to have more
flexibility.
Nov/It is something worth doing. I was just surprised that it wasn't pointed out in
the description.
Norton/Or in the work session last night.
Nov/Yeah, right.
Woito/Go ahead and pass first consideration. The heading needs to be amended
because it is suppose to reflect generally what it is doing and it is doing
more than what the heading says so. But we can go ahead and vote on it
now and we will get it cleaned up next time.
Nov/Well, it says re-letter the ending subsection. I didn't think a re-letter as new
words. But it could be what it meant.
Kubby/No, I don't think so.
Woito/We are doing this plus amending another portion and we just need to add
some other language by amending to clarify.
Norton/Why should we pass this ordinance at all. Why not just wait until we get it
cleaned up?
Nov/Well, we can amend on the second reading.
Kubby/Because that is a non- It is a clarifying thing.
Woito/It is clarifying.
Kubby/Although, I don't remember reading in P/Z any discussion from P/Z about
this or seeing a recommendation. I guess I would like that clarified, too.
Woito/Karin is gone and I can't answer it.
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Kubby/Can you pass that onto Sarah?
Woito/Yes, I will find out.
Kubby/That is what you get for reading the details.
Nov/Yeah, I read it and just didn't see it was bold. Okay, roll call- (yes). Okay, the
first consideration has been passed.
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ITEM NO. 12 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS
IN THE IOWA CITY PUBLIC LIBRARY.
Nov/Moved by Kubby, seconded by Norton, Discussion7
Lehman/What is the state reciprocal borrowing payments?
Nov/Here is Susan Craig, our director of the library.
Susan
Craig/I knew you would have questions for me. The state reciprocal
borrowing program is a program that is- I think it is three years old. The first
year we participated and it was the effort that only included a few libraries
and we were one of the initial participants, Now it is a state wide program
that reimburses public libraries who loan materials to residents outside their
jurisdiction, So we got $,50 reimbursement from the state for each item that
we loan outside of the area of Iowa City and rural Johnson County which is
our contract area, And the funding was originally $.80 a transaction which
would be nice to have but each year there has not been enough money
budgeted by the state to reimburse the full amount that the law says it will
be reimburse. But I think the program is on strong enough ground now that it
is here to stay, It is popular. It allows anyone that resides in the area to
participate that participates in the program to borrow materials from any
other library in Iowa.
Kubby/ Do you have to go through the library though? Can someone from Cascade,
Iowa just come in and borrow something from the Iowa City library or do
they have to go to the Cascade library and the library requests it?
Craig/
Those rules have recently been relaxed and staring July 1 of this year, we
sign a contract with the state for this and agree to use their rules for the
program. Previously you had to bring in your other library card. Now, all you
have to do is show and id. that gives an address that matches up with
another library that is participating in this program.
Norton/Do you have to maintain so much activity of that sort each year in order to
get it? In other words I am curious about the recurring nature of this? Will
the funds be there routinely?
Craig/
Well, that is- I hope so and I feel now that we are in our third year. It might
even be the fourth year if we count the initial period that we participated,
The fourth year for us. The legislature has allocated more money for this
function each year as it has grown in popularity across the state and I feel
pretty secure now in saying that we can count on a certain amount of
money coming from that program every year.
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Baker/How much is that, Sue?
Craig/I believe last year we made about $50,000. The first year we made about
$22,000, think.
Norton/So there ~s a margin. In other words, this position could still be funded or
the change in this position-
Craig/We have used that money- This last year, for instance, we paid our architect
fees and things out of that money.
Baker/
Let me get this straight here. We are eliminating one position that is already
authorized. Sort of a circulation position. And you are adding a management
position, What is the net increase cost?
Craig/
The memo that I wrote shows that personnel indicated a possible net
increase of $20,581. Personnel, when they run numbers, sort of gives you
the worst case scenario. They calculated, I believed, based on the starting
wages in both of those pay scales. That actual net increase on an annual
cycle from the person who is actually vacating this job to the hiring range I
would expect to hire someone is more in the $13,000 to ~14,000 range.
Baker/And this difference is going to be paid for by the reciprocal fund?
Craig/I am asking that that be paid for by the city and the new .25 addition to a
part time person we have will be paid by the reciprocal funds.
Baker/So the general revenue increase is about 820,000.
Craig/At the most it would be $20,000.
Vanderhoef/So your $13- or $14 is including benefits and-
Norton/What is that other position, the part time, is now what part? What potion of
time now?
Craig/She is 3/4 time worker now. There is an error in the memo which Dee
Vanderhoef pointed out to me on the phone today. It should, that last
paragraph in my memo. The resolution is correct. It should read from .75 to
1.0.
Nov/We all assumed that is what you meant.
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Craig/Thank you.
Baker/
The position in the Circulation Department that is vacant, the work that
would have been done by that position, I mean, the work is not there? It is
going to be done differently? Or the new position is handling the work or?
Why didn't you need to fill that circulation position?
Craig/
The work is there. 1/4 of that would be filled by increasing another person in
the department by 1/4. Some of the actual desk hours would be, that that
person had worked, would be assumed by this new position. All of our
managers do work on public service desks a portion of their time. And the
rest of that work, we have five people in that department designated as
public service clerks and we would stretch them a little thinner than they are
stretched now. It is a matter of priorities and where the staff and the level of
staff that is needed most urgently is and I feel that- The library staff and the
library board feels that that management position has been and will continue
to be a priority,
Baker/
Okay. I don't know if this is comparable to another question we had about
other departments requesting sta[fing changes or budget changes out of
budget sequence. I mean, is this comparable?
Kubby/It is but we have also approved those other ones because of an opportunity/
I can think of a couple in the Police Department that we filled because of
some grant opportunities. Because I asked Sue the same question because I
have been a real- I have been kind of critical of that process and maybe you
could repeat the answer you gave to me.
Craig/
Because this position is a priority, has been a priority and I think the hopes of
funding a $50,000 position through the regular budget cycle and adding a
full fte to the library staff if slimmer and we have an opportunity now with
an opening in the department to rearrange the staff and I hope that you see
what out priority is.
Baker/So we are getting a ,~50,000 position for ~20,000?
Craig/That is the way I look at it.
Norton/Still not quite. $28- You have to count the other increase to do this. Half
price, Larry.
Vanderhoef/Susan, you mentioned you have a policy for your managers, your
department heads, that they work X amount of time with the department in
doing the everyday kinds of things. What percent of their time?
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Craig/It is roughly 20-25%. Depends on, you know, the Children Services
Coordinator works some desk hours and she also does some children's
programming. So in that case, it might end up being more, evened out,
maybe 12 hours-
CHANGE TAPE TO REEL 96-124 SIDE 1
Craig/A management position is regulated by our union bargaining agreement and I
consider other opponents in there but from the union's point of view, one of
the critical things that a manager does is hire, fire, and evaluate other union
employees. Union employees are not allowed to do that for each other. So
that is one of the critical-
Thornberry/My follow up question then obviously will be how many managers are
there in the library?
Craig/We have the department heads that are listed here: information services,
children's services, technical services, community and audio visual services.
Those are our four main managers right now with the assistance director and
the director, as myself. We have other non-bargaining unit people. The
business office person is an administrative and confidential employee but she
is not considered at the level of the library coordinator. She has one persot,
in her office. The development director who is not paid for from the
operating funds is not a bargaining unit position.
Thornberry/So are you saying 6, 7, or 8?
Craig/6 plus the business office person, that is 7.
Lehman/I like your proposal. I think that it is creative rather than just coming in and
asking for another full time person which is normally what we hear. I think it
is creative. Obviously from discussion we have had in recent months, the
library is horribly busy. You are very busy and I certainly support this.
Kubby/Wonderfully busy.
Thornberry/What I am concerned about is losing a position in the Circulation
Department which will not be- I mean we are going to have some slower
circulation.
Kubby/Actually, see- I know some people that work in circulation and I asked them
what they thought about this as someone- Do you need a manager? I mean
sometimes I am hesitant, I would have line people who are giving direct
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service and one of the things they said is that sometimes they spend a lot of
time trouble shooting and dealing with public on kind of complicated and
unique maters instead of checking out books and putting things back on the
shelf and if they had a manager, the manager could deal with those special
kinds of situations and they could be checking people out and then having
the line go faster when there is a line. That kind of made sense to me to help
bind everybody together and do that kind of trouble shooting as well as the
evaluation and provide support for- Because they are the people that deal
with us as we are at the library. That and information are probably the two
that as an adult I interact with them the most as a customer and so I want
them busy dealing with me and not the longer, the special situations that
take a longer period of time. It makes sense.
Thornberry/And you still have volunteers that come in, right?
Craig/Absolutely. Most of the check in of library material, we have hourly staff that
check in audio visual materials. But most of the print, the books are still
checked in by voldnteers. If anybody needs a job, we always have slots.
Thornberry/I thought I would give you the opportunity of soliciting.
Craig/The bulk of the volunteer hours at the library are served in the Circulation
Department for that task.
Norton/But the Assistant Director has been filling some of this managerial role at
this point?
Craig/The history of the Assistance Director job is that when it was created, we
didn't have the ability to add another staff person and so a department head
was taken and assigned the title and some additional administrative duties
and became Assistance Director. So the Assistant Director has always also
been a department head.
Nov/And this current Assistant Director is a department head?
Craig/Yes. She is the Department head of the Circulation Department and the
Assistance Director which is the position I held before. So I know what the
job is.
Nov/We are changing her job description?
Craig/We will take something out and believe me there is plenty left.
Kubby/She is focusing on some of the technological services.
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Craig. The Assistant Director is in charge of all automation activities and that is an
area that is becoming more and more crucial and more complicated each
year.
Nov/Okay, we appreciate the clarification. Is there any more questions?
Thornberry/Just one other question. How much did you se¥ you- How much did
you say you paid to the people who do your art work for the expansion of
the library? The architectural work for the-
Craig/I would have to go back and look at all of the figures. We have been through
two design concepts and a building program and off the top of my head, I
believe the amount spent since 1993 is about 875,000.
Thornberry/875,000.
Nov/Okay but that is not part of today's-
Thornberry/No but it was part of the money that was acquired that they- instead of
using in the library they paid to another-
Nov/Are we ready? Roll call- (yes). This resolution has been approved.
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ITEM NO. 13 CONSIDER A RESOLUTION CONFIRMING TCI CABLEVISION'S
REQUESTED RATE INCREASE AND ESTABLISHING TCI CABLEVISION'S
"MAXIMUM PERMITTED RATE" FOR BASIC CABLE SERVICE.
Nov/Moved by Kubby, seconded by Lehman. Discussion.
Thornberry/What does this mean?
Nov/Dale gets to answer that one.
Helling/You didn't read my memo. Basically this is what is left of local rate
regulation. There is not much left. Essentially, we still have the right to
regulate the basic rate for local cable service. The way that is done is the
cable company submits-calculates a maximum permitted rate based on FCC
formulas and then the basic rate has to be at or below that rate. In this case,
the current rate is below, not only what they calculated but what we
calculated as well. So there is no argument about the basic rate now. The
maximum permitted rate is a basis for recalculation next year of a new
maximum permitted rate and then-
Thornberry/That clears things up real well.
Helling/We anticipate they will raise their rates and they will have to be below the
new maximum permitted rate.
Kubby/So that is the base line?
Helling/Right. So we keep the base line as low as we can and that means that we
have a lower maximum for next year.
Nov/It is more like a ceiling than a base line. We want to be sure we are under
whatever that calculation is.
Helling/The ceiling for this year is the base line for calculating a new ceiling next
year.
Nov/Okay, thank you.
Kubby/So, can TCI appeal this, this resolution to anybody?
Hellnig/Sure, they can take issue with it. It is about 10 1/2 cents lower than theirs
but it may be, it may not be worth it because depending upon what the rate
is next year, it may, like now, it is 25 cents below. Their maximum
permitted rate calculation is about 15 cents below ours.
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Kubby/They do have that ability.
Helling/Right. And then in 1999 all rats regulation goes away.
Kubby/Okay, so starting in the year 2000, they can do whatever they want
without any local control?
Helling/My understanding is starting in 1999 they can do whatever they want.
Norton/By that time the wonderful competition is suppose to be in place I take it.
Thornberry/These little dishes will be part of the competition that will be-
Nov/You are going to need an antenna in addition to the dish because the dish
won't bring in any local stations.
Thornberry/I may not want any local stations.
Nov/You may not.
Thornberry/But a little dish will bring in a lot but I understand the little dish will only
put it in on one set and if you have three sets and you want to watch three
different things, you got to have three dishes.
Nov/That is fun.
Kubby/It means you got a lot of time.
Lehman/You are going to have time to figure that out between now and 1999.
Thornberry/Okay. It is just too bad that we can't- Never mind.
Nov/Okay, any other discussion? Roll call- (yes).
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ITEM NO. 15 CiTY COUNCIL INFORMATION
Nov/We have city council information. Where shall we start? I can't remember
where we started last time. Larry, do you want to start?
Baker/Sure. Remind people that on November 7, Law School Auditorium, Thursday
night, 7:00 PM, there will be a debate by the University of Iowa Debating
Team and the question is resolve that the City of Iowa City should renovate
or reinvigorate its downtown. Something to that effect. I just want to re-
alert people to that.
I have a quick procedural question. Have we ever talked about when we set
p.h.s, some of them are in the Consent Calendar and the zoning items are in
the Zoning section of the agenda. Will we discuss putting all the setting
p.h.s in the Consent Calendar unless someone wants to pull one out
specifically7 Is there a law that says we have to break them up that way?
Nov/I don't know. I think some of them have to be voted on separately. What do
you think, Linda?
Woito/I don't know. I will have to think about that.
Baker/Just, we had 4-5 tonight and I thought most of them could have been done
in the Consent Calendar and maybe pull out a couple for special notice.
Woito/We will look at it.
Baker/Depending on what the law is.
Nov/Sometimes state law requires different ways. So we will find out.
Kubby/They just get hidden in there. The downside of doing that is they get hidden
in the Consent Calendar and there is not as much public notice because they
aren't read.
Baker/Well, but you can, again, we always have the option to pull out those that
we think are important or more important than other ones or we can just
simply list subject and date very quickly.
Nov/We have always listed the ones in the Consent Calendar.
Kubby/That is true. The Mayor outlines those.
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ITEM NO. 14
ITEM N0.15
CITY COUNCIL APPOINTMENTS
Consider one appointment to the Housing & Community Development
Commission to fill an unexpired term ending September 1, 1997.
{Christina Randall resigned.) (4 males and 4 females currently serve
on this Board.)
CITY COUNCIL INFORMATION.
ITEM NO. 16
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY AI'I'ORNEY.
a. City Manager.
b. City Attorney.
ITEM NO. 17
ADJOURNMENT.
# 15 page 2
Baker/It is a briefer presentation. Steve said last night that he would have some
sort of proposal in front of us in 30 days about graffiti. I need to tell the
person that bugs me everyday this.
Arkins/You said this and I agreed to it.
Baker/30 days you are going to have an answer to the graffiti problem in Iowa
City.
Atkins/I won't have an answer to it. We will have a way of addressing it.
Baker/That is what I want to tell these folks. Okay.
Nov/We may have more questions in 30 days.
Baker/I want people to know that we are trying to address that question and
working on it.
Finally I want to alert the Press Citizen that Mr. Norton will be taking a city
trip starting this week at tax payers expense. He is going to Milan, Italy
checking out the latest architecture, restaurants, and museums and he is
quite willing to present you his receipts when he gets back. So, Brian, you
might want to check on that. He is leaving Wednesday from Cedar Rapids to
Milan. That is all, thank you.
Thornberry/He just got back from Europe.
Baker/Well, yeah.
Norton/Well, we need more pictures.
Baker/Yeah, we need more pictures of galleries in Milan. I wish you well. Send us a
postcard.
Norton/Thank you, I shall, but it is not only Milan.
Nov/Have fun, take pictures.
Norton/I will think of you.
Baker/That is all I have. Thank you.
Nov/Okay, Ms. Vanderhoef.
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Vanderhoef/I just wanted to get the report on the railroad crossing situation down
at Lafayette and Clinton and so forth and let people know about it and also
let people know that we are checking into the delays that are being created
down on Hwy 6 with the trains blocking traffic for extended periods of time.
Thornberry/Even when they are on the track.
Vanderhoef/That is it.
Nov/Okay.
Thornberry/I have nothing that I should probably say at this point, but I would like
to reserve time to respond. I will defer at this point.
Nov/You want time to respond? Let me give you something to respond to. Happy
Birthday, Dean.
Thornberry/Oh, thank you.
Nov/You have multiple birthday cards, probably not 55 of them but 52.
Baker/You are only 55?
Nov/Ernie-
Lehman/I have two very very good reasons not to have anything tonight. They both
have red hair and they are at my house waiting for me to get home, my
grandkids.
Nov/Okay.
Kubby/I will be brief. On Sunday, October 13, two really great events are going on.
One is the Hospice Road Races. It is one of the premier races in the country
for raising money for human service agencies and I encourage people to
pledge lots of money for your favorite or to your grouping of favorite human
service agencies. Don't limit yourself to picking just one because there are
so many great ones. If you are not a runner or walker or pogo sticker or
whatever you do at the races, come out and encourage people as they are
coming down College Street to the finish line, they are tired, and it is really a
hoot to be out there and be clapping and cheering people on. It is a
wonderful community event.
Lehman/What is a hoot?
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Kubb¥/It is a great time. It is just a wonderful-
Nov/And tell us what you are doing in the Hospice Race.
Kubby/I get to hand out roses at the finish line. I am so honored to be able to do
that since I am not a runner. I tried to train one year to pogo stick the one
mils thing. I am a good pogo sticker but to pogo stick in a straight line, you
would not believe the incredible aerobic condition you have to be in and I am
not in that great of aerobic condition.
Lehman/That would have been a hoot.
Kubby/That would have. Maybe some day.
Nov/So are you not running or walking?
Kubby/1 am into running or walking. I am handing out roses at the finish line.
Lehman/Then why am I paying you. I signed up last night.
Kubby/Because I am gathering pledges, Jf anyone wants to call me at home with a
pledge to the Free Medical Clinic. I will give that to a Free Medical Clinic
Team member. So it will go to the Free Medical Clinic. And when you are
done at Hospice, you can go over to the north side of our business district to
the Northside Marketplace. They are having a street fair. One of the streets
are going to be closed off, All the Northside businesses, Hamburg Inn,
Dawn's Bead Shop- I have go this whole list ....
Council/(All talking).
Kubby/I have got this whole list. (Reads list of businesses). Okay.
Lehman/Why didn't you just hold that up for the camera?
Kubby/There is going to be music. The businesses and agencies will have booths
out there. It is going to be a wonderful time. You can have the whole
Sunday to just have a great time. That is how you build community, is you
get out there and talk to people. It is great time. Join us.
Nov/You run in the morning and party in the afternoon. Okay.
Norton/I will limit myself to one item. Karen and I, being a subcommittee
designated to work with Student Senate, net with Marc Belttame, the
President of the UI Student Senate, a couple of weeks ago and we are trying
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to work out a scheme whereby all of us, this council, can meet with the
Student Senate and the other governing bodies on campus at some point
hopefully in November or early December. Looking at our calendars and their
calendars, it is not easy. But we are trying to work out a way for you to
have a chance to talk to them about some of their concerns among which,
needless to say, are things like parking and other things. Rut we will let you
know how that works out.
Kubby/We are going to try to structure it so we can really talk to each other
because the Student Senate, when you get everybody there, is a huge body,
like 75 people.
Nov/We had this once. It is huge.
Kubby/We were thinking about maybe breaking up into smaller groups to make
sure there are undergraduate and graduate student senators and council
members and maybe staff at each small group.
Nov/Okay. I had a little Student Senate meeting today with Mark. We had
University press release for the Robert Wood Johnson Foundation grant
which is a grant to help reduce binge drinking among the student population.
It is going to be extended over a number of years. They are going to have
somebody hired to start helping t6 do this. The are going to have committees
working on it and we hope it is going to be a good educational project.
In terms of our city, we have released a summary report of the internal
investigation that was conducted for Officer Gillespie and it is available for
anyone who wants to have it. The city council is working diligently on
getting a citizen review board underway and we expect to have another
meeting on that very soon. We will let everybody know.
Reno Street Park has a new picnic plaza which is beautiful. Dee Vanderhoef
and I were over there on Saturday afternoon.
Norton/Karen, Larry and I were all there earlier.
Nov/Good. They all wondered in there. Did you get to Reno Street Park? Right. I
am saying that they had a very nice park. They praised our city Parks
Department for good cooperation with the neighborhood. It is nice to hear.
We had an open house at the Fire Department which was also nice.
assume everybody went to that one.
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The Iowa City Special Census is continuing. Census workers are visiting
every household to conduct a short verbal questionnaire. Those residents
who have not been counted should contact the local census office at 338-
1234 and all information collected by census takers is confidential and we
want everybody to please participate.
We are also going to have a city staff working on cleanup at November 2
and- Here we go. It is Clean UP and Battery Up Day. They are going to help
senior Citizens prepare their homes for winter and change batteries and
smoke detectors, do leaf raking, storm window installation, gutter cleaning,
and it is all going to be city staff. The rain date if it rains on November 2 is
Sunday, November 10.
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ITEM NO. 16b. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY
ATTORNEY.
City Attorney.
Nov/City Attorney,
Woito/I just have something briefly. Some of you may know I have been Chairman
of the Continuing Legal Education Committee for the Environmental Law
section of the Bar Association this past year. We have been planning out
annual legal seminar which we need to do for credit every year to keep our
license to practice and that will be in the Amana Holiday Inn, October 1 7-18
and I need to be there to preside as Chairman and I will also be a presenter
on Nationwide Wetland Permits and Archeology and Historic Preservation
and How to Avoid Stop Work Orders, We learned a lot and I am going to
educate the rest of the lawyers in Iowa on that.
Vanderhoef/Congratulations.
Woito/That is all.
Nov/That is all. Okay, anything else?
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City Council Work Session Agendas and Meeting Schedule
October 7
6:00 p.m.
7:00 p.m.
Monday
Special City Meeting - Council Chambers
Executive Session - Land Aquisition and Imminent Litigation
City Council Work Session - Council Chambers
Times A re Approximate
7:00 p.m. Review Zoning Matters
7:15 p.m.
7:25 p.m.
8:00 p.m.
8:15 p.m.
8:25 p.m.
8:30 p.m.
8:40 p.m.
Galway Hills
Parking Impact Fees
Near Southside Parking Facility Location
Downtown Strategy
State Election Law
Council Agenda, Council Time
Consider One Appointment to the Housing & Community
Development Commission
October 8
7:00 p.m.
Regular City Council Meeting - Council Chambers
Tuesday I
lOotober 21
7:00 p.m.
City Council Work Session - Council Chambers
Monday
October 22
7:00 p.m.
Regular City Council Meeting - Council Chambers
Tuesday
I October 30
4:00 p.m.
City Council/Library Board Joint Session - Council Chambers
Wednesday
November 4
7:00 p.m.
City Council Work Session - Council Chambers
Monday
November 5
7:00 p.m.
Regular City Council Meeting - Council Chambers
Tuesday