HomeMy WebLinkAbout1996-10-22 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the C/ty Clerk's Office, 356-5040.
AGENDA
CITY COUNCIL MEETING
October 22, 1996 7:00 p.m.
Civic Center
ITEM NO. I
CALL TO ORDER.
ROLL CALL.
ITEM NO. 2
SPECIAL PRESENTATIONS.
a. Outstanding Student Citizen Awards
(1) Helen Lemme Elementary School
(a) Josh Bcehm
(b) Alex N~rad
(c) Devin Seemuth
(d) Karl Stevens
b. Certificate of Achievement for Excellence in Financial Reporting for the
Fiscal Year Ending June 30, 1995.
(1) City of Iowa City Department of Finance
ITEM NO. 3
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Approval of Official Council Actions of the special meeting of
October 7, 1996, and the regular meeting of October 8, 1996, as
published, subject to corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
Iowa City Board of Adjustment - September 11, 1996.
(2)Iowa City Airport Commission - September 12, 1996.
(3) Iowa City Planning and Zoning Commission - October 3, 1996.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class C Liquor License for Yelder
Enterprises, Inc., dba The Que, 211 Iowa Ave. (Renewal)
#2
page I
1TEM NO. 2 SPECIAL PRESENTATIONS.
a. Outstanding Student Citizen Awards
(1) Helen Lemme Elementary School
Josh Boehm
Alex Nerad
Devin Seemuth
Karl Stevens
Nov/Our first item is Special Presentations and we are going to start on the other side of
this desk. Good. We have four presentations for children who have been
outstanding members of our community. I am going to read the first one.
This one is for Kari Stevens, for her outstanding qualities of leadership with Helen
Letoroe Elementary School and for her sense of responsibility and helpfulness to
others, we recognize Kari Stevens as an outstanding student citizen. Your
community is proud of you. This is presented by the Iowa City City Council on
October 22, 1996. Karl-
We are going to let all of these children read the presentations of what they have
been doing for their school and their community after I have given all of these
awards. This one is Devin Seemuth Alex Nerad And the fourth one is Josh
Boehm Now, who has decided to read first?
Kari Stevens/Why I make a good citizen. I think I'm a good citizen because I believe that
being an American citizen is a privilege and not a natural born fight. As an
American citizen, l'm thankful for all the fights that are given to me each day such
as opportunities to pick my own friends, attend excellent schools, and worship at
the church of my choice. With all these opportunities, I try to take advantage of
my situation by being a good citizen of this country. Thank you for choosing me
for this award.
Nov/Very good Karen.
Deviu Seemutlff First ofall I'd like to thank my teachers at Lemme for choosing me for
this award. l'd also like to thank the City Council for making this award possible.
It's a great honor to receive this award. Here's some examples of my leadership
abilities at Letoroe. l'm a member of the Extended Learning Program. I was voted
by my peers to be one of the Safety Patrol Team captains. I was the main character
in the Lemme spring musical. I play violin at the Eastside Elementary Orchestra.
Outside of school, my responsibilities include, 1 watch people's houses and pets
while they're on vacation. 1 am an alter server at St. Patrick's Church. I participate
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#2
page 2
in Jazz and Ballet at Dancers of Iowa. I'm involved in plays produced by the
Young Footlighters, and I completed the Safe Sitter Program sponsored by Mercy
Hospital. I enjoy all the things that I do and all these activities are teaching me
about hard work and responsibility. Again thank you. I am proud to accept this
award. It's something I'll never forget.
Nov/Very good.
Alex Nerad/I appreciate receiving this award to represent the students of Lemme school.
Like my classmates, I feel that good citizenship is something we should all try to
achieve. I think that to be a good citizen, you should be involved with the
community and willing to help other people. A few ways that I have helped in the
community are sandbagglng during the flood of 19993, being active in church,
being a patrol leader in Boy Scouts, and helping to coach my sister's soccer team.
I also like running races that go to a good cause like the Hospice, Ronald
McDonald House, and Regina. I feel honored to receive this award and I'm proud
to be part of the Iowa City community. Go Hawks.
Josh Boehm/I'm very honored to be chosen for this opportunity to represent my
classmates in receiving the citizenship award. Our unit at Lemme has had a lot of
exciting events this year, such as Lemme's 25th anniversary, the seeding and
butterfly garden, many PTA fund-raisers, LEO or Lemme Education Outdoors,
and many more. A little bit about myself: I am 12 years old. I participate in many
extra curricular activities such as sports, band, contests, and many other fun things
out of school. In school I try to dedicate myself to my school work, respect my
peers, staying organized, getting to classes on time, etc. Well that's about all I
have to say. I would like to mention again how honored I am to receive this award.
Thank you.
Nov/And we are honored to be able to present this award to these outstanding students.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#2b
page I
ITEM NO. 2 SPECIAL PRESENTATIONS.
b. Certificate of Achievement for Excellence in Financial Reporting for the Fiscal
Year Ending June 30, 1995.
(1) City of Iowa City Department of Finance
Nov/Our next award is a Certificate of Achievement for Excellence in Financial
Reporting. This is presented to the City oflowa City for its comprehensive annual
financial report for FY that ended June 30, 1995 and we have our Director of
Finance, Don Yucuis, to accept this. Good job.
Don Yucuis/I wanted to thank the City Manager and City Council for allowing us to
participate in this award. I also want to thank the Accounting staff headed by Craig
Standish for the fine effort they put in to achieving this award. It is not a given that
if you apply, you get it. There is a lot ofhard work that goes into it. Also I wanted
to point out that there is 32 communities, school districts or counties in Iowa that
achieve this award. So it is not everyone applies, everyone gets it. So it is an honor
to get it and I am very pleased again that we got it. Thank you.
Nov/Congratulations. Before we get into anything more official, I would like to say
welcome to I. Frost's journalism class who is with us tonight and I hope you all
have a good time.
Lehman/I hope we do, too.
Nov/I hope so, too, right. We have gotten a good start.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
October 22, 1996
dw
City of Iowa City
Page 2
(2)
Consider a motion approving a Class E Beer Permit for Eagle Food
Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St.
(Renewal)
(3)
Consider a motion approving a Class E Beer Permit for Eagle Food
Centers, Inc., dba Eagle Food Centers #220, 1101 S Riverside Dr.
(Renewal)
Consider a motion approving a Class C Liquor License for HMDS,
Inc., dba Soho's, 1210 Highland Ct. (New)
{5) Consider a motion to refund an unused portion of a Class C Liquor
License for Dome, Inc., dba Soho's, 1210 Highland Ct.
{6) Consider a motion approving a Class C Liquor License for Sabilla,
Inc., dba Maxie's, 1920 Kekouk St. (New)
(7) Consider a motion approving a Class B Beer Permit for Landis
Management, Inc., dba Duds N Suds, 5 Sturgis Dr. (New)
(8) Consider a resolution to issue Dancing Permits to The Que, Soho's
and Maxie's.
Motions,
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN
THE AMOUNT OF $12,577,764.79 FOR THE PERIOD OF
SEPTEMBER 1 THROUGH SEPTEMBER 30, 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.
e. Resolutions,
(1)
CONSIDER A RESOLUTION AUTHORIZING APPLICATION FOR
AN ECONOMIC DEVELOPMENT AND SUPPORTIVE SERVICES
(EDSS) GRANT,
Comment: A Notice of Funding Availability (NOFA) was published in
the Federal Register on August 14, 1996. The NOFA announces
grants to Public Housing Agencies that are in partnership with non-
profit or incorporated for-profit agencies to provide economic
development opportunities and supportive services to assist residents
of Public Housing to become economically self-sufficient. The Iowa
City Housing Authority proposes to apply for these funds.
October 22, 1996
(2)
(3)
City of Iowa City
Pa~e 3
RESOLUTION AUTHORIZING THE EXECUTION OF
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT,
RENTAL CERTIFICATE AND RENTAL VOUCHER PROGRAM.
PROJECT NOS. IA022CE0022, IA022CE0023, AND
IA022CE0024.
Comment: The Consolidated Annual Contributions Contract
(CACC) Rental Certificate Program and Rental Voucher Program
combined the 527 units of Section 8 Certificates and 350 units of
Section 8 Vouchers. Project Number IA022CE0022 replaces
IA022CE0015 which exp!red May 31, 1996; Project Number
IA022CE0023 replaces IA022CEO008, which expired
June 30, 1996; and IA022CE0024 which replaces IA022CE0016
which expires October 31, 1996. This amendment does not
represent any new dwelling units but is intended to maintain the
number of units in the program at the current level. Two
Certificate Projects and one Voucher Project were previously
extended only with no additional funding, causing the total
maximum annual contributions to be lower - $191, 355 in the
Certificate program and $74, 357 in the Voucher program. This
funding reduction will be supported through expenditure of the
project reserve account. The total maximum Annual Contribution
amounts will be $2,240,147 for Certificates and $1,344,547 for
Vouchers.
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR
THE SANITARY SEWER, STORM SEWER, WATER MAIN
AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR
RIDGE PART SEVEN, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF A LIEN REGARDING A REHABILITATION
AGREEMENT, A LOW-INTEREST PROMISSORY NOTE AND
A MORTGAGE FOR THE PROPERTY LOCATED AT
907 EAST DAVENPORT STREET, IOWA CITY. IOWA.
Comment: The owners of the property located at 907 East Davenport
Street, received a $4,919 loan through the City's Housing
Rehabilitation Program on Maroh 2, 1992. The financing was in the
form of a Rehabilitation Agreement, a Low-Interest Promissory Note
and a Mortgage. The owners paid the note in full on June 27, 1996;
thus, the lien can now be released.
October 22, 1996
City of Iowa City
Page 4
{5)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER
EASEMENT AGREEMENT FOR LOTS 22, 23, 34 AND 35 OF
WEST SIDE PARK ADDITION, IOWA CITY, IOWA.
Comment: Pursuant to the Code of Iowa City, Iowa, the developers
and owners of Lot 23, West Side Park, submitted a site plan for the
development of Lot 23, West Side Park. City staff approved the site
plan subject to the property owners entedng into a Storm Sewer
Easement Agreement. This resolution authorizes the execution of
the necessary Easement Agreement to allow installation of a storm
sewer to serve the development planned for Lot 23, West Side Park.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF A PUBLIC WALKWAY-FIRELANE EASEMENT
LOCATED ON LOT 79, WALDEN WOOD PART 7, AN
ADDITION TO THE CITY OF IOWA CITY, IOWA.
Comment: Pursuant to the subdivision plats of Walden Wood Parts 3
and 7, the City possesses a public walkway-firelane easement over
areas of Lot 79, Walden Wood Part 7. Due to steep topography, the
construction of a sidewalk on a portion of the easement is impractical
and would result in a dangerous condition. The City and developer
have agreed to vacate the steep portion of the easement, with the
developer installing sidewalk in an alternative location to provide
continuity of access. The developer has completed the alternative
walk insta!lation, and both Planning and Public Works are
recommending vacation of the steep portion of the original walkway-
firelane easement. This resolution authorizes release of the
precipitous portion of the existing easement, provides for amendment
of the original mylar plat, and, upon recording, provides a "legal trail"
for the plat amendment.
f. Correspondence.
[1) Debora Liddell regarding Parks and Recreation Commission.
(2) James and Joanna Clancy regarding signalization of North Dodge
and North Dubuque Road.
{3) Janet Goetz regarding pigeon squabble.
(4) Curt and Nancy Skay regarding 828 St. Annes Drive.
(5) John Else regarding citizen review boards.
(6) Sonia Ettinger regarding Shaw shooting incident,
{7) Benn Dunnington regarding Shaw shooting incident.
c{~8) Benn Dunnington regarding scam warning.
........ ~ ........... . ........__. -, . . _ ~ . ~pr~
October 22, 1996
City of Iowa City
Page 5
g. Applications for Use of City Streets and Public Grounds.
Jenny Schulz (U of I College of Law), Equal Justice Foundation 5K
Walk/Run- November 3, 1996. (approved)
h. Applications for Use of City Plaza.
(1) Stephen Goff (I.C. Astronomy Club), astronomical
observation - October 18, 1996. (approved)
Julie Stamper {Old Capitol Mall), Santa's Arrival -
November 24, 1996. (approved)
END OF CONSENT CALENDAR,
ITEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
ITEM NO. 5 PLANNING AND ZONING MATTERS.
ao
Consider a motion setting a public hearing for November 4 on an
ordinance amending Title 14, Chapter 6, Article J, entitled "Overlay
Zones," Section 2, entitled "Planned Development Housing Overlay
Zone (OPDH)," subsection D, entitled "Regulations," to indicate that
parking reductions may be approved for non-residential uses as part of a
Sensitive Areas Overlay rezoning.
Comment: At its October 3 meeting, the Planning and Zoning
Commission by a vote of 6-0 recommended approval of the proposed
amendment. Staff recommended approval in a report dated October 3.
#3 page 1
ITEM NO. 3 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Nov/Moved by Norton, seconded by Vanderhoef. Any discussion.
Kubby/I had a question on page 3, item (2) about the Annual Contributions Contract and
it seems that the total amount of funding for the same number of vouchers will be
lower. Therefore we are going to have to dip into our reserve fund to make up the
difference. If this continues with our different contract, isn't it going to become a
problem over the long run.
Arkins/It will become a problem. When we discussed it at- Doug and I were discussing
this matter. He was not particularly alarmed right now because of this one time
incident given our cash position which has improved. He feels that it will be more
than adeqvately offset for their future contracts. He is not overly concerned. He
doesn't believe that this is a pattern. That is important.
Kubby/Okay. I guess if it happens twice, it's a pattern.
Atkins/If it happens twice, we have a concern. Right now we are comfortable with there
numbers.
Kubby! Thanks.
Nov/Any other discussion? Roll call- (yes). The Consent Calendar is adopted.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#4 page I
ITEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/Public discussion for items not on the agenda. We asked that you sign in with your
name and address and limit your comments to no longer than five minutes.
Don Friedman/I live in rural Iowa City and I am still troubled by the death of Eric Shaw
and I was at the last meeting and it was suggested that some of the community
could put some input into the healing process. And one of the things that I think
that might be part of the healing process, I think it was brought out at press
conference that was held a day or two after the incident, and the police chief said
that he was unaware that of the incident at the dry cleaners, where Earl Bough was
fomed to get on the floor at gun point, for two days. And I subsequently asked the
question, why didn't the police chief know for two days. And I'm curious as to
whether or not that question has been answered. I see that as a means of
promoting healing. I think, it seems to me from what I've read and heard, Mr.
Gillaspic was a more than competent officer and that he did very well at police
academy or wherever he was trained. And that if this was in fact happens with one
of our better officers, is this a matter of policy as opposed to a loose cannon? And
the other thing that troubles me about this is, officer Gillaspic was dismissed from
his job because he used unproper and unjustified force. Yet the county attorney
decided not to press charges because his conclusion was that he was acting in a
manner in which he was trained. This is a contradiction to me. I don't understand
how you can fire somebody for not doing their job and then not prosecute them for
doing their job. Like I said that's all I have to say at this point.
Nov/Thank you. Is there anyone else who would like to talk about a topic that is not on
today's agenda? Okay we'll move on.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
Ootober 22, 1996
b.
City of Iowa City
Page 6
Public hearing 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. Staff recommended
approval in a report dated September 19.
Action:
Public hearing 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 Cornmiss,oh's recommendation is generally consistent
with the staff recommendation in the September 19 staff
memorandum. ~ ~
Public hearing on an ordinance ame 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.
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.
Action:
#5c., d., & e.
page 1
ITEM
NO. 5c Public hearing 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.
ITEM
NO. 5d Public hearing 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.
ITEM NO. 5e Public hearing 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."
Nov/Should we combine these three that are all on telecommunications?
Woito/Dale, if you don't see any problem with the federal regs, I don't see any problem
with city law.
Helling/It is all the same set of regs.
Nov/It is all the same. It is just three different issues on telecommunications.
Kubby/But we wouldn't be voting on them as one?
Helling/Right.
Nov/No, we could just let people talk on anyone of the three.
Nov/Moved by Kubby, seconded by Lehman, that we combine c., d., & e. p.h.s. Any
discussion? All in favor please say aye- (ayes). Okay. I will go ahead and read the
d. & e p h.s (Reads agenda).
These three p.h.s are now open. Anyone who wishes to comment on either the
accessory uses in buildings or special exceptions and zoning definitions may do so
now.
The p.h.s are closed.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5¢., d., & e. page 2
Thornberry/I have a question on one of these. When it says that they're are permitting a
one meter dish, now is this a standard size dish? ! mean is this an 1/8" smaller than
the standard dish. I mean, where did the one meter come up from.
Helling/My understanding the one meter comes from the federal regulations, the 1996
Telecommunications Act.
Thornberry/What are the size of the dishes?
Miklo/Most of them are smaller than one meter. We have updated that language slightly
so that it reads one meter or smaller.
Kubby/To make it clear. Let's not restrict it to only one meter.
Nov/Actually what it says here is to allow anything smaller than one meter and the other
says allow anything bigger than one meter. So this language covers the one meter
also.
Thomberry/Okay.
Norton/I had another question about this that I discussed with some of the staff this
afternoon. Because of the wording in the first of these three ordinances, it refers to
communication towers as an accessory use and I got concerned whether that
meant they had to be in the rear yard. Does that mean somebody could actually
have a tower in their backyard. But that would fall under a commercial use. So I
was referred under another section precludes that possibility.
Nov/Yeah. We don't allow towers in residential areas, do we?
Miklo/Right. They are allowed as accessory use to a residence. So someone could have a
television antenna or ham radio type tower. But they could not have a tower for a
cellular telephone company.
Kubby/Extra money on the side.
Nov/So if someone had an antenna for television in their backyard, it need not be on the
roof of the house? It could be a separate tower?
Miklo/That's correct.
Nov/Okay.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5c., d., & e. page 3
Norton/The other aspect of this I don't know, Bob, whether we'd modify that or not. In
the ordinance, I guess it is the second of these that deals with powers, and it talks
about setback requirements, that there is a setback that is equal to the height of the
tower and so forth. Did we put stonething in there about co-location requirements?
Miklo/
Yes, we added item 3. & 4. that is in front of you that states that they shall be
designed for additional facilities. So that more than one company could put their
use of their transmitter on a tower if technically that is possible. And then during
the special exception process or when the leases the land, there could be more
details in that lease.
Norton/So that works both ways. That is a person that puts up a tower has to
accommodate others and a person who wants to go into the service has to inquire
whether there are any towers available?
Miklo/That is correct.
Nov/Okay, so the applicants shall demonstrate it is not possible to locate this equipment
on the existing facility. Okay, I think that is good.
Vanderhoef/I like that. Thank you.
Kubby/Could that be interpreted to be not only another communications tower but
possibly a tall building in the area as well since we do allow them on commercial
buildings?
Miklo/Since this deals with towers specifically-
Kubby/But only the other tower.
Miklo/I wouldn't interpret it that broadly.
Norton/It seems to me that it might be important for the public to understand what we are
trying to do here is set up some mechanisms to preclude a forest of these towers.
Everybody anticipates a great proliferation of private communication systems and
each of them needing a tower for direct access to houses in an area. So it is
something like three towers to every square mile for each of several providers
could lead to a real proliferation here. A real mess.
Kubby/A true urban forest.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5c., d, & e.
page 4
Nov/Okay, any other questions for Bob? Thank you.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
October 22, 1896
City of Iowa City
Pa~e 7
q~- Z?"I f.
Public hearing 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.
Action:
Consider 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 repo~ dated August 15.
Consider 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) (First consideration)
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 roport dated August 1§.
October 22, 1996
h.
City of Iowa City
Pa~e 8
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) (Pass and adopt) . _
Comment: At its May 1G 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. Council is requested
to defer this item indefinitely pending receipt of appraisals of the area to
be vacated.
Action: /~/'~/'z~ /
Consider a resolution approving the preliminary plat of Meadow View
Subdivision, a 32.4 acre, 10-1or residential subdivision located on the
west side of Buchmayer Bend at its intersection with Highway 1 in
Johnson County. (SUB96-0013)
Comment: At its August I meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of the
preliminary plat of Meadow View Subdivision, subject to approval of a
Grading and Erosion Control Plan. The Commission further
recommends that the Council forward a letter to the Johnson County
Board of Supervisors recommending that measures be taken to address
the traffic safety problems associated with the alignment of the
intersection of Highway 1 and Buchmayer Bend. Staff recommended
approval in a report dated August 1.
#5h page 1
ITEM NO. 5h Consider an ordinance vacating the portion of St. Mattbias' Street
(formerly known as St. Mattbias' Alley), right-of-way located north of Dodge St.
and St. John's Alley, located between St. Clement's Street and St. Mattbias' St.
(VAC94-0004) (Pass and adopt)
Nov/The council has requested to defer this item indefinitely.
Moved by Kubby, seconded by Lehman. Any discussion? I think we ought to
explain that we are waiting for some paperwork, some appraisals, and such and
then we will vote to pass and adopt. All in favor, please say aye- (ayes). Motion
carries.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5i page 1
ITEM NO. 5i Consider a resolution approving the preliminary plat of Meadow View
Subdivision, a 32.4 acre, 10-1or residential subdivision located on the west side of
Buchmayer Bend at its intersection with Highway 1 in Johnson County. (SUB96-
0013)
Nov/Moved by Norton, seconded by Thomberry. Discussion.
Vanderhoef/l just like to say that I am concerned about this intersection and this is just a
preliminary plat and I would hope that we would have an answer from Board of
Supervisors prior to our accepting the final plat.
Kubby/Although once we approve the preliminary plat, if there is nothing substantially
different, we are under a legal obligation to-
Vanderhoef/I understand that and I am asking the Supervisors to work on this quickly.
Kubby/Once we say yes to this, it has the road in its current configuration.
Vanderhoef/I understand.
Kubby! If we feel strongly about it, really it is too late once we vote.
Lehman/Well, I think we talked about this last night, didn't we Bob? And apparently this
is acceptable to the state as far as the intersection of Hwy I. Is that correct?
Miklo/When we looked at the rezoning of this property a couple of years ago, the county
engineer raised some concerns about that intersection and that is why we are
encouraging that it be upgraded if the county is going to encourage residential
development in that area.
Lehman/I think the point is a good point. If we approve the preliminary, there is no
reason why it has to be changed for the final. Is that correct?
Miklo/That is correct. That is a decision for the county to make. It is a county road. If it
was in the city our position would be that it should be corrected In this case it is a
county road they have control over.
Kubby/It may be before we decide to allow any more plats, since this is just ten lots, that
as more development done that we might want to get stronger in our objections.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5i page 2
Norton/If they don't do something about that aren't they going to have kind of an odd
comer. If they develop the other corner they are going to be in the acute angle.
Miklo/Something to consider is if there is going to be future development in this area,
non-agricultural, it will require rezoning So we will have the oppo~lunity to look
at those and address the Board with that concern at that time.
Nov/I believe they expect us to express this concern when that rezon/ng comes up. Any
other discussion? Roll call- (yes). Okay, resolution is adopted.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
October 22, 1996
i,
City of Iowa City
Page 9
Consider a resolution approving a preliminary and final plat of a
resubdivision of a portion of lots 5 and 6, Jacob Ricord's Subdivision, a
1.26 acre, 6-1or residential subdivision, located south of North Dodge
Court and east of Dodge Street. {SUB96-0022)
Comment: At its September 19 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the
preliminary and final plats, subject to approval of construction drawings,
legal papers, and approval of the plats and a sidewalk alignment and
grading/elevation plan by the Public Works Department prior to City
Council consideration of the plats. The Commission's recommendation
is generally consistent with the staff recommendation contained in the
September 19 staff report. The legal papers, construction drawings,
plats, and sidewalk alignment plan are being reviewed.
Action:
Consider a recommendation that a no-parking zone be established on
North Dodge Court.
Comment: At its September 19 meeting, the Planning and Zoning
Commission, in an ancillary motion to SUB96-0022, recommended that
parking be prohibited on Noah Dodge Cou~ due to the narrowness of
the sixteen-foot wide pavement.
Consider a resolution approving a final plat of Meadow Ridge, Part 2, a
2.29 acre, 4- lot residential subdivision located on the east side of
Dubuque Street south of Meadow Ridge Lane. (SUB96-0021)
Comment: At its September 19 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the final plat
of Meadow Ridge, Part 2, subject to approval of legal papers and
construction drawings prior to City Council consideration of the plat.
Staff recommended approval in a report dated September 19.
Construction drawings have been approved. Legal papers are being
reviewed.
Action:
#5j page I
ITEM NO. 5j Consider a resolution approving a preliminary and final plat of a
resubdivision of a portion of lots 5 and 6, Jacob Ricord's Subdivision, a 1.26 acre,
6-1or residential subdivision, located south of North Dodge Court and east of
Dodge Street. (SUB96-0022)
Nov/(Reads agenda). So, are they okay?
Miklo/The legal papers and construction plans and all the necessary documents are in
order for approval.
Nov/Thank you. I need a motion. Moved by Lehman, seconded by Vanderhoef.
Discussion.
Clifton Young/I and my wife, Teresa, and several other neighbors live in that
neighborhood and last fall when we saw that so many of the trees were being cut
down, I tried to find out what was going on and I found out that Mr. Glasgow
owned two lots there for which he could build a house or duplex. Now we find out
that lie wants to subdivide it into six lots of duplexes that would be abutting each
other about five feet. This would be 12 families which would double the size of our
neighborhood. We have a small road. There's no mail that's delivered on our road
because it's narrow. My wife has to go to work in the morning and the bionic bus
picks her up. If there's any traffic there, the bus can't go down and it's not going
to wait around indefinitely ifsomeone's stalled there and in the winter it gets
worse. Now we're not here, or l'm not here out of anger of what's being done to
us and to our neighborhood, but out of love for our neighborhood. We have all
invested in it. We proportionately put more of our resources into our homes than
Mr. Glasgow has for his investment. I realize he has a right to his investment, but
we have a right to ours too. And part of our investment was that we wouldn't be
living in houses that are right next to each other. We would be living in a place
where the houses were separated, where we would have nature. You know where
we would be able to see deer and wild turkey and things like this. I know a lot of
these things are disappearing, but this is part of why we all came to this area and
invested. You know, many of us can't leave. We're going to be here one way or
another. gaud this is our home. Some of the others will present other arguments,
but that's mine.
Nov/Okay. We've read all the minutes of the Planning and Zoning Commission and we
are aware that the neighbors are not particularly pleased with this development,
but the road is a public road and it's not going to be widened today, so it may be
widened in the future. And there is no way that we can legally say that somebody
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
p~e2
cannot build these houses on this public road. Have I said something Bob that I
don't 'anderstand? Are you okay?
Miklo/That's correct. The property is zoned RS-8, medium density residential which
allows single family homes or duplexes. It's been zoned that way since at least
1983 when the city adopted the current Zoning Ordinance. This is not a rezoning.
It is a platting process, a subdivision plat.
Norton/Bob, are these lots particularly small?
Miklo/No. They meet the standard requirements for a RS-8 lot.
Norton/Are they 73 feet or something like that?
Miklo/They're over 50 feet I believe in width, and they're over 8700 square feet in-
They're 70 feet in width and over 8700 square feet in lot area, which is the
requirement for duplex in that zone.
Nov/And since these lots are meeting the current requirements for the zone, we cannot
change this plat.
Miklo/That's correct. It meets all of our current specifications and those specifications
that were in place at the time the developer chose to develop the property. A
rezoning is not being requested.
Norton/What's the zoning across the street?
Miklo/A portion- the property on the other side of the street is also zoned RS-8 and then
there's some intensive commercial, some CI-I zoning also, which runs onto
Highway 1.
Norton/So this might not be the end of it?
Miklo/Yes. There may be future development in this area.
Vanderhoeff Okay, Bob, my understanding of what is here is that the city is reserving
some more r.o.w. so that at a future time that this road or street can be improved
or widened.
Miklo/That's correct.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j page 3
Venderhoer/Okay. Thank you.
Kubby/! guess if there are other neighbors who want to say something-
Nov/We will let other neighbors say something but I just want the neighbors to know,
them isn't much we can do to change this, however please come forward. Please
sign in and say what you have to say.
Oscar Graham/1130 Conklin Lane. This subdivision would in conjunction with my back
lot. One of the things that I've been concerned with for quite a long time is water
pressure up there. Now it's kind of a priority if the wife wants to wash clothes and
I want to take a shower, we probably have to flip a coin to see who does
something first. I understand from the last meeting that well they're going to have
this fixed but I think our water plant and eve~jthing would be four years away and
I'm going to have to suffer with it. They say the water pressure is all right, but I
think it's not true. And then again with that narrow road and we've got Hickory
Hill Park that's in the front of my place and there's considerable amount of traffic
there and with if them would be six duplexes in there and you could rigure two
cars at least for it, why, I could see a considerable amount of traffic on a narrow
road that you can't pass. So, therefore, I can see additional traffic congestion
under the present conditions of that street and I think in terms of this water
pressure I am still very much concerned with fire protection in case there would be
a fire them and I think some of my other neighbors is concerned also with the
water pressure in that area.
Nov/I understand that some places will have improved water pressure even before the
new plant is built because there are some pump improvements in some reservoirs. I
can't say that this is going to happen exactly at your house but there will be some
pressure improvements before the actual plant is finished.
Graham/I would like to see it tomorrow morning.
Elaine
Dockery/I live at 1110 Conklin which is right next to Oscar. Mine is the house
right on the corner of the two streets. So I had a problem last winter with
somebody leaving their car. It was half on the cemetery and half on the street right
behind my driveway. So when I tried to get out I couldn't get out very safely. I
had to really be careful because it was icy.. It took over two weeks before the car
was hauled away. It was closer to three weeks. I had to call several times to get
that car out of there. What I am worried about is on the other side is cars have
only parked there. I don't think there is parking on our street either. No parking
allowed and still they do it. So what will happen on the other side? That is one
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
page
thing. I just- I am concerned with so many houses being put there, so many cars
being on that street. It is already difficult for me even when I leave as late as I do
in the morning to go to work. I don't have to be to work until 8:30. It takes me
five minutes to get on Dodge. Okay. I can just imagine a line. That is another thing
I think somebody else should be concerned about is the exit from the cemetery also
right there and that causes problems sometimes. That is something that somebody
should look at. It has nothing to do with this other but just incidentally. Again,
those houses that go between me and my next neighbor- I was thinking two house,
three houses, let him do what he wants with his lots. You know, I mean that is his
lot. But six duplexes? I could not believe. I mean that is just ridiculous. And he is
going to take out all the trees to get these houses in there. Where is he going to
put the garages and I don't care if it is in the progress or whatever. Somebody
should think about all the other things. Do we want to put those in there before
other things are in place to make it acceptable like the roads, etc.
Kubby/Do you think if allow this we should have the road be wider up front?
Dockcry/That is another thing is to make it wider- I am going to have to look at my deed
or whatever. I didn't think I was supposed to give part of my land for that. And 1
know the across the street neighbor who had just recently sold their property said
that if the road was widened like it is supposed to be, they would have to move the
house because the 12 feet is right at her wall. Okay. Ifthey were to take five feet
offof my side, again, as I said, I wasn't aware that I was supposed to give that five
feet of it, I worry about my trees because, I don't know, they are too close to it.
My bushes will be gone which I have been using all dust control because the dust
is so bad on that road. It is a privacy hedge because of HyVee, etc. I will lose all
that. Another thing I don't like is if they put sidewalks in, I am going to have to
shovel the darn thing and I do not like to shovel so somebody can walk because I
think, with ~ne, I found that my sidewalk around the house, ifI shovel it, then the
snow melts, then I have ice. That is my opinion about shoveling sidewalks. I would
rather walk on snow than on ice anytime. But that is my-
Nov/I can sympathize on this sidewalk shoveling. There is no question about that. And
we can, I believe, prohibit parking. We can do something about that. But -
Dockcry/But can you get them out of there?
Nov/It requires somebody to call.
Dockcry/By the time you get out there and nobody else can get down there.
This represents only a reasonably accurate transcription of the 1owa City council
meeting of October 22, 1996.
F102296
#5j page 5
Nov/I know.
Dockcry/So that is the problem.
Nov/Thank you.
Stephen Wootton/1331 Dodge Street Court which borders the now decided upon
subdivision sounds like. I am very appreciative that you let us talk. I am very
disappointed that we aren't here to try or persuade you or convinc~ you otherwise.
You have heard about the state of the road and your own trash pick up trucks send
a small pick up to get out trash. They do a great job but it is obvious ifyou go out
there and look at the land that this is a very inappropriate use of it. And thank you
for your time and I hope you don't inherit a large safety mess because of this.
Thomberry/! live across from Dodge Street in your area. I live on Oaks Drive down
Dubuque Road and walk down there qnite o~en walking my pet because it is such
a nice street to walk on and it is not very well traveled and if the road were
widened there would be some trees lost, wouldn't there? And they are big.
Wootton/It is not the widening of the street that we are very concerned about.
Thornberry/I understand that. I understand, too-
Woofton/There may not be trees to remove when you widen the street.
Thornberry/Right. Understand too please that we really cannot disallow this development
because they are not rezoning for anything. It is legal under the current zoning
laws at that location and there is not a lot we can do except pass this.
Wootton/I understand now. I understand that. I think there is a flaw in the system which
allows your staff to lead us to believe that we could speak tonight and we really
can't.
Thornberry/You can speak to it but it is already zoned for multi-family is the problem.
Kubby/At this level the public input basically is not used for persuasion in a plat situation.
Wootton/Yeah, I have just learned that and we would have been more vocal and active
earlier if we had known this.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
p~e6
Thornberry/Had the property not been zoned as it were, then your arguments would have
been well founded, not that they are not. Would have held more water because it
would have been a rezoning process. Could have done something with that. But
the way it is zoned- If something is zoned commercial and you don't like the
particular store that is going in, there is not a whole lot anybody can do about it.
Do you understand? It is just frustrating sometimes.
Nov/Change in zoning is a law. It requires- It is an ordinance. It requires three readings
and p.h.s and a lot of times things are amended at the rezoning level. But at the
platting level, it is a simple resolution ofone vote.
Mary Lou Emery/I live at 1331 Dodge Street Court and I, too, came because I was under
the impression that your body, your meeting here tonight was for the purpose of
approving this and was to- And that you were to listen to the public speak and be
affected by what we said. At least to listen to what we said and that what we said
would possibly have an affect on the decision that you made. So I just want to
express also, my disappointment that we were misinformed about the process
which we were and I just have a question as to why this is on the agenda. What is
being done here?
Baker/Mary Lou, the property wherever you live is under a certain zoning designation
and with that designation comes certain rights of development, things you can do
with your property and it has been zoned this way for about 13 years.
Emery/So why does it move beyond the P/Z Commission to this body?
Baker/By law we are the final approval body but we sort of are very restricted in what we
can amend at this level.
Nov/They have the power to recommend but not to approve. Alter they recommend we
approve.
Emery/But you could decide not to approve that.
Kubby/We could but we would be very liable in a court of law.
Woito/If you found a safety matter that was unacceptable the council could disapprove it.
Emery/Well legally we have a number of safety matters which we think should be taken
very seriously by the council before the council gives its approval to this proposal.
We think they are very serious safety issues at stake here. That is why we are here.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
page 7
Kubby/The things that have been decided so far have been the - So many cars on that
narrow road and the intersection getting out onto the main road as being safety
considerations. Were there other ones mentioned so far?
Emery/Yes. There is ambulance service, fire service. There are some senior citizens who
live at the end ofthis road who have been dependent upon hospital vehicles and
who in the future need them to have free access. There is the fact that the snow
removal is never assured. I wish you could be on this road. You can cross it in two
seconds. I crossed it the other day in 12 short steps. Two cars cannot pass one
another on this road. Whenever two cars are on the road, one has to pull over to
the side. If there is snow on the side, the car is stuck. It is not an appropriate
location for this many houses and for possibly up to 24 additional vehicles on the
road. You can try to prohibit parking but you can't enforce it and there are people
who live there, their daily lives are dependent upon these services which could very
likely not be available to them. Them am other issues, too. But if safety issues are
the ones that matter most, I think those-
CHANGE TAPE TO REEL 96-127 SIDE 2
Emery/The mail carriers refuse to bring their vehicles down this road. They say it is too
risky. They will not be able to turn their little cart around on our road in bad
weather and that means that presumably 12 additional mailboxes will be set up on
North Dodge Street. That means that that many people will be stopping at the side
of North Dodge Street probably to pick up their mail every single day. I saw a
traffic accident where mailboxes are just two weeks ago. I can't help but think that
that hazard is going to be greatly increased if there are that many more people. The
entrance and exit to the cemetery and to Hickory Hill Park intersect. There are
new yield signs, no stop signs to manage that traffic. It is already very difficult to
get in and out. You have to be very careful. I can't imagine that an increase up to
24 vehicles trying to get in and out in addition to the park and cemetery traffic
wouldn't create a substantial hazard at those intersections.
Kubby/I tlfink the measurement that we use is seven vehicle trips per day per household.
Right, Bob? That would be 12 X 7 = 84 vehicles per day additional.
Emery/Right and you can cross this road in 12 short steps. It can't handle it.
Thomberry/What is the width, Steve, of a road for a fire truck? I mean the Fire
Department requires or would like to see or require.
This represents only a reasonabiy accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#Sj page 8
Atkins/I think a standard residential street is 28 feet and that allows for-
Miklo/Out standard residential street is 28 feet. Standard fire lane is 20 feet wide. This
particular street is 16 feet wide which is the same as an alley. A fire truck can
travel down a 16 foot pavement but if there is something parked in the way, then it
wouldn't be able to travel.
Norton/How in the world could we pave that street without paying for it ourselves or at
least half of it? In other words, could that street be paved before the development
goes in it and recoup the money later when the north side is developed?
Miklo/An appraisal would be a possibility which would require the benefiting property
owners to contribute to the construction costs.
Norton/Why couldn't that be done now? We could to it on that half, we could assess
them, and then on the other half we would have to front the money and then
charge it out when that gets developed.
Kubby/That doesn't deal with some of the other safety issues.
Norton/But that does have some with respect to fire access and snow removal and so on.
It certainly doesn't take care of all the problems at the intersection but those are
going to have to be dealt with. I don't know. They are not going to line up with
any light, are they? That is going to be a problem that has to be dealt with pretty
soon when North Dodge is fixed up.
Thomberry/There still won't be a light there.
Norton/I understand it is still going to be difficult. But at least the street could be wider.
Kubby/Well, we were talking about this last night a little bit about the intersection onto
Dodge Street and that will be reconfigured and made more street when Dodge is
redone but that is not now. When is that in our CIP? Do you know off the top of
your head.
Arkins/It is further down. It is about three years out. I could go back and look it up. But I
think it is about three years out.
Thomberry/When the east-west corridor gets done down there by ACT, would relieve
some of the problem but- That area if you haven't actually seen it, I don't know
how to get out now.
This represeuts only a reasonably accarate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j page 9
Norton/You slide through the mud is what you do.
John Macindoe/1 am another neighbor. My property is immediately south of the proposed
development and pretty much everything has been said and discussed that I think
needs to be brought up. I would just like to add a couple of details. The public
road that you have described as being there and allowing this project to pursue is
really is what just someone just said, a public alley in terms of its size and I would
like to point out that the road itself is 16 feet and there is no shoulder. Immediately
on each side is a gully followed by an embankment. So if one car, one car is parked
on that road, a fire truck, a fire truck, an ambulance, a bionic bus can't get by and
nor is there a way to get up and around the embankment to get onto the other side.
So we are very concerned about that. The other issue I think was touched upon
but perhaps just to add a detail is the intersection at Dodge. Right now it is a mess.
It is terrible and there won't be a light and I don't know what plans are in the mill
to make that a more effective intersection. But one of the things that is going to
have to happen unless the mail people decide to change their delivery pattern is
that up to 12 mailboxes is going to have to be added at that intersection which is
going to create another impediment to traffic as people stop to either put in mail or
get their mail out. So we are very concerned about these two safety issues and
hope that they can be resolved before any development takes place.
Baker/
Bob, can I ask you a question before this next speaker gets up? The 16 foot road
that we are dealing with here, have yru since you have been on staff, had any
comparable plans come through with this sort of problem?
Miklo/
No we haven't. A similar situation that you are probably aware of was Speedway
offof Dubuque Street which is an unimproved road in similar condition. In our
assessment of this we looked at the number of units on that street or the number
the houses on that street and it is similar to what is being proposed here.
Baker/
Okay, but we haven't had a precedent that we have already approved comparable
to this that would be a model for us. So this is something unique that we could
deal with?
Miklo/That is true. Ttfis is unique. In my time with the city I have not reviewed a plat that
has had an unimproved road of this sort.
Baker/These are compelling arguments. I mean I assume that they were brought up at the
P/Z and staff level and what was the response at that level7
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#Sj page 10
Miklo/The staff' response and P/Z agreed that the number of units was not enough to-
That these were all concerns. That this is not an ideal situation but the number of
units proposed, 12 units, was not enough to trigger the improvement of this street
at this time. By comparison, a typical cul de sac has 29 housing units on it. So over
twice of what is being proposed here.
Nov/There is also a paved street and because this is so narrow and unpaved-
Mildo/The point being that it is a limited amount of traffic that is generated.
Baker/I know the neighbors don't believe that that is a limited amount of traffic. But
compared to many of the other plats that we deal with, this is a small number in
comparison to other locations. Now the conditions for this location make it very
difficult to ignore those concerns and I am wondering if there are any other
mitigating things the city can do? We talked about a road and having some plan in
place before this is improved. ] am open for suggestions about how we can
mitigate some of these concerns.
Norton/I think, for example, would a wider road enable the mail to be delivered in front
of the doors instead of at the corner and stop the jam up that will develop there? I
don't know what holds the mail up. Why don't they come down there now.
Nov/Because it is not paved. Because they are afraid they will get stuck.
Norton/Okay, so if it is paved maybe the mail truck will go down there. Then you won't
have-
Thornberry/A mail truck can't turn around in a private drive and you can't go down at the
end of that street and turn around and come back and you can't go up and back.
Norton/I did the other day.
Thornberry/l know but you are not a mailman.
Baker/A mailman can't use a private drive to turn around?
Thornberry/No. I don't believe so.
Nov/Really?
Norton/He turns around in my driveway once in awhile.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F10:2296
#Sj page 11
Thomberry/I don't believe that they are supposed to do that.
Lehman/Turn him in.
Nov/I thought they could turn around.
Norton/Seems to me that street widening might be an option.
Thomberry/But is there something we can do, is there something we cannot do or
whatever in the interim until we get the street? The mailbox thing is not a safety
issue and there are mailboxes, for example, on the other side of the interstate.
Well, anyway, in different subdivision there are banks of mailboxes. Windham
Bluff, for example, has a bunch of mailboxes and that isn't really a safety issue
where those mailboxes are because there is another way of getting through there.
But ifLinda says that is a competing safety issue is about the only way we could
not pass this legally.
Woito/Correct. Bob, it is matter of judgment call on your part. I mean, let's face it, and
that is your judgment call. Was it discussed with the subdivider to contribme to
improvement of this road?
Miklo!
I believe when they approached us they had wanted to know what was required in
order to build in this area and the extent of those discussions I wasn't in on them.
But I do not think they were wanting to contribute or willing to contribute.
Baker/
If the road were improved and had to be done through an assessment process, how
much of that assessment cost would that be existing neighbors and how much of
the cost would be-
Miklo/I can't give you exact proportions. But a good share would of course be this
development which would have six lots on it and of course, those existing houses
would also, I am assuming, contribute. It has been awhile since we have done an
assessment.
Baker/I am saying between development and the rest of the road.
Miklo/I believe that there are two properties, current properties, at the corner of Dodge
and Conklin that would be affected. It would be this property on the Southside.
There is property on the northside which I believe is owned by Ruppert and also
the Southgate Development and there are three houses at the end of the street that
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
page 12
might also be affected. So there are approximately six additional properties in
addition to the one under development.
Baker/I understand when P/Z and staff deals with them at that level, your hands are much
more 6~,d than I think ours are because just larger public input.
Woito/You could direct staff to commence a special assessment.
Baker/My concern is we are assessing improvements that some of the, it may be
unavoidable, but some of the existing neighbors are going to also be partially
responsible for. That is what? A ten year assessment payback? That is what they
did when I-
Woito/But there is some benefit.
Norton/It is going to come sometime
Vanderhoef/I have a question about drainage when I hear about the ditches on either side
that create this problem that they cannot move down there to give easements for
another vehicle. Is that the only drainage that they have? I presume we don't have
storm sewer up there.
Miklo/That is correct. These particular lots, the lots themselves, will drain in the other
direction away from the street. So this development should not have an affect on
drainage on the street. But there is no storm water in that area.
Vanderhoeff So what I am thinking, Bob, is if we were to even grade out the ditch part on
the developing side, then we would be losing our water channel.
Miklo/It would have to be a water design that would accommodate or replace that
drainage.
Vanderhoef/But even if it wasn't totally improved, grading for additional width, this
could give some relief there for both snow time and meeting another car.
Baker/The more we talk about this the more questions we keep asking and it might be
appropriate if possible to defer this at least to make this an item on our next
informal agenda so we can talk more in detail about it.
Woito/And there are some other issues that I think you need to know about.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#Sj page 13
Nov/That have not been mentioned yet?
Woito/Well, yes. Bruce Glasgow did this at staffs request because he was going to go in
there and develop pieces of this property, piece by piece, and it would have been
not a subdivision and would have been a less satisfactory result than you have
now. And so we convinced him that the just way was to do it according to local
regulation which is a subdivision in which you can review all of these issues.
Baker/His other plan was larger individual lots? What was the downside?
Woito/It was just going to be sequencing, piece by piece by piece. I don't remember how
many. But you would not have liked that result at all.
Kubby/Would we have had any oversight over that process?
Woito/You would have had no control.
Kubby/So I know there is at least one other person that wants to speak. I guess ! want to
save what the options are for after that.
Woito/Yeah, I think you should defer this so we can- l would like to find out more about
this street.
Miklo/I have a question regarding deferral. We have the State Code that says we have to
act on a final plat within 60 days unless we have a waiver. That 60 days expires
October 29. Because there isn't a preliminary plat approved in this case, does that
60 days apply or are we able to defer this beyond October 29?
Woito/When is the 29th? It is next-
Kubby/This is preliminary and final together.
Woito/I don't know. 1 need to look at the code.
Kubby/Do we need to call Mr. Glasgow to get a verbal-
Woito/Probably Mr. Glasgow won't agree to it.
Nov/Okay. While we are checking the code, there is another person who would like to
talk.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
FI02296
#5j page 14
Pat Edberg/I live at 1380 North Dodge Court. That is the house at the very end. I have
had to call 911 more than once and when you call 911 you get the whole smear.
You get the cops, you get the ambulance and you get the fire track and they have
to be able to get down there and that is a real big concern for me and I guess I am
really disappointed. I was looking to this meeting to be oh great, we are going to
have these great people listening to us and our concerns and quality of life in Iowa
City still matters and then we are told well, too bad, the P/Z- They didn't even
know there was a North Dodge Court when we went to the P/Z meeting. Oh, is
there a North Dodge Court? I mean, they didn't come out and look. I don't
understand how this process goes on and I guess I get a little carried away and I
am very much in tune with my neighbors. We were hoping that you could take a
different.
Baker/I think we all understand your frustrations but I hope you are able to say we are
having to work within some fairly tight-
Edberg/I didn't understand that. I thought that-
Baker/We have pushed those constraints in your favor right now.
Edberg/Sounds like it. I am a little more encouraged.
Baker/But that is not a guarantee things will work out the way you want them but I think
we are trying to find a way to mitigate some of those problems.
Kubby/It is a good reminder for me that we always have this thing responsibility called
health, safety and welfare and that we forget that sometimes. I mean at the
beginning ofthis conversation we were saying we were constrained by this. But if
there are safety concerns and through your conversation and willingness to come
here, it reminded us of those broad responsibilities, that we can take a look at this
in a different way. So you have made a difference. I mean I hear people feeling like
a deferral is an appropriate thing to explore some of the ideas more.
Norton/I am not talking about paving back as far as your place though. You didn't like
that assessment at all.
Edberg/Not one bit for sure. They can drive over our yard to get to it.
Baker/Also understand that even if an assessment and paving were done, that is not going
to diminish the number of units.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j page 15
Norton/I have already pointed out the number of units is going to get bigger when the
other side of the road is developed.
Baker/(Can't hear). If there is a dust problem, it might cut down on that.
Norton/It seems to me the road is one place where we do have a safety problem and a
possibility of fixing even though it might involve some front end money from the
city until the other side is developed.
Baker/We also need to find out more about the possible downside of another plan that is
also legal and I have no problem-
Kubby/If it's not subdivided, it seems like the numbers would be less and if they were two
or three lots that weren't developed together that may not be such a disaster but
it's not coordinated. But we don't know that.
Baker/The numbers there, but I think they're other- that might be- Linda are you thinking
about environmental consequences as well just land use?
Woito/No, no, I'm concerned about the state of the street, I guess. It seems to me the
most troubling.
Kubby/I guess what concerned me a little-
Woito/(Can't hear) is what's going to be improved.
Nov/If we can approve it on the subdivision, we would require the street to go in first.
but this is an interesting one because the street is already dedicated.
Woito/Sixty day approval is mandatory for a final plat.
Kubby/This is preliminary and final.
Woito/Right. And that doesn't change it. I've checked both state and local law. You have
to do something by the 29th.
Kubby/So if we defer we have to have a special meeting about this, or we can say no.
Baker/Or we can-
Norton/We can say no.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#Sj page 16
Baker/If the road is-
Kubby/If we feel there are safety issues, we can say no and we should outline what we
feel and think those are for the record.
Baker/But regardless of that, can't we also- I mean we aren't prohibited even if we
approve this tonight from doing something about that road.
Woito/No. You're certainly not.
Baker/It's still possible.
Nov/Or can we say that we approve it and require as part of the approval that this road be
done?
Woito! I think that as I recall when Chuck Schmadeke and Doug Boothroy and Karin and
I talked about this months ago, it was anticipated that there would be a special
assessment.
Baker/In conjunction with-
Woito/That's what I recall. That was a long time ago.
Kubby/But it was after that and that individual property owners would be assessed and
not the developer. That that was going to be in the legal papers right (can't hear)
for each individual property that they may be assessed in the future for the
improvement.
Miklo/Legal papers do contain a provision indicating that an assessment is possible.
Baker/But if we did it now, that cost will be passed along with those new owners anyway.
Kubby/Right but it's real different on the front end when you purchase your home and it's
part of your mortgage and when you have to come up with X number of thousands
of dollars three years after you've lived there and your Realtor and lawyer haven't
had it necessarily outlined those responsibility.
Baker/But once again, it's a ten year pay off period. You don't come up with all of it at
once. You're given ten years to pay it off
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
page 17
Kubby/It doesn't make it any less painful.
Thornberry/Less painful more financially-
Baker/Less painful, but painful.
Nov/If you had a 20 year mortgage, you pay it off in 20 years. If you have a ten year
mortgage, you pay it off in ten years.
Norton/Do we have the option to do anything here?
Council/(All talking).
Norton/Do we have the option to do anything here in ternis of deferring this thing or
making it conditional on getting the road together?
Kubby/But I guess for me, when Dean was saying the mailboxes weren't a safety issue, I
maybe disagree about that not being a safety issue. That when you have 12 more
boxes, that space isn't that big where people can turn in to grab mail and there's
just a lot of moves going on and I guess I'm more inclined to maybe look at this
area a little more in doing improvements all at once that go with our CIP program:
the streets on North Dodge Court as well as when we do Dodge Street so that the
entrance and exit from the neighborhood, the access into the rest of the community
is also safe. Just making the street safe doesn't alleviate the safety issues and so to
me that maybe would do what we need to do.
Thornberry/You're not going to mitigate all the safety issues no matter what you do.
Norton/Yeah.
Baker/Other than the street Karen, what are the other solutions? We're not talking about
a stop light at that corner, are we?
Kubby/What I'm talking about, when we re-do Dodge Street up there, that little triangle,
Bob said last night would be eliminated and redone. So that it's safe and easier to
get at.
Norton/Yeah but it's still be nice to have the street itself, even though the corner's still a
bit of a disaster. it'd still be nice to have the street straightened out. That's what I
want. What l'm trying trying to figure out, is it possible to defer this while we
attend to or make this a condition of approval of this thing.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j page 18
Woito/You can't defer it past next Tuesday.
NoNon/Why can't we make it a condition?
Woito/A condition that the city will explore assessment or undertake a CIP project? Yes.
Norton/Yes.
Woito/I think you'd better take a look at the big picture because I think you're going to
anticipate that the ownership on the other side on the north side will be moving
toward development soon is my guess.
Nov/And if we require assessment and if we build the street, it will be sooner.
Norton/Yes. Certainly.
Woito/But they should be part of that solution.
Kubby/If we put a condition on the plat and we can't do the street for a year and a half,
two years, does that mean the plat just stays in limbo until we do that project and
then it can happen?
Woito/(Can't hear)
Kubby/I mean I think it's really difficult to make any definitive answers here tonight. I feel
real uncomfortable about doing anything other than defer.
Norton/Special meetings.
Woito/I don't like special meetings any more than you do.
Norton/I think we should.
Woito/I need to hear more staff input on whether they think this is a safety hazard.
Thornberry/When you have a car parked in that street, it definitely is, because a firetruck
or an ambulance could not get down there with a car. Now if they're illegally
parked, they're illegally parked, and I don't know what an ambulance would do if
they needed to get down to the end of the street. Push it off to the side? I don't
know what they would do answering an emergency call. If it is parked up there
This represents only a reasonably accurate trauscription of the Iowa City council
meeting of October 22, 1996.
F102296
#Sj page 19
giving enough space for someone to get out on the other side of the car, gees, I
don't know how you get out. You don't get past, do you?
Kubby/Although the Fire Chief said that even though he doesn't-it is not his ideal, that it
is in the acceptable range in its condition because of the number of units. So, can
we ask the developer for permission to extend?
Woito/Yes, we can do that tomorrow and Marian suggested perhaps that we could meet
on the 30th.
NortoW Before our other meeting?
Woito/Before our other meeting.
Baker/The day at~er the deadline?
Woito/If he waives the 60 days.
Karr/But we would have to know tonight. You can't defer it without his permission.
Baker/We have deferred without permission before, haven't we?
Woito/You can defer until the 29th.
Kubby/Then we would have to meet on the 28th-
Woito/You either have to approve or disapprove on the 29th and if you do nothing, then
it is deemed approved as a matter of law.
Norton/Have a special meeting on the 29th
Woito/You have to do something.
Nov/If we defer it and then do not meet on the 29th, it is deemed approved.
Kubby/Can we have a motion to defer until the 29th unless permission is given for a
different date, fill in the blank?
Baker/What is the 29th?
Norton/That is the deadline for this plat.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j page 20
Thornber~/What is the day?
Nov/It is a Tuesday.
Norton/If that is not already a motion, I will make it. We defer it until the 29th or till a
later date if we can get that permission.
Thomberry/I don't want to speak for the neighbors but what I heard was I kind of like to
keep it the way it is.
AudienceJ One thing that didn't come up and it is my fault because I forgot to bring it up
is that already two of the neighbors have made formal offers to buy pieces of that
land and I am sure the rest of us would buy whatever we could afford to preserve
the way it is.
Kubby/And there are lots on each side. Like lot #1 and lot #6 which are next to. So it is
the middle four that are-
Thomberry/1 think their option is not to widen the road but to leave it the way it is.
Woito/You want to table this while I try and go call Bruce?
Nov/Wello
Thomberry/Couldn't we do that? Let's try that.
Karr/If we could reach him tonight and he could agree to the 30th, which you are meeting
again, it would save that and we could give them-
Nov/We could move this to the end of this evenings agenda, can't we?
Thornberry/Bruce, if you are watching, please answer your phone.
Nov/Okay.
Kubby/1 am hesitant about the 30th because we have a very focused purpose for our
meeting on the 30th and it is not fair to the library to do this and I know people
were discussing last night we may not need the full four hours on the 30th as
scheduled. But this could some time. It is taking some time tonight. I don't want
to divert the focus and I prefer a different time request of Bruce.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
p~e21
Nov/Along those same lines-
Woito/Do you mind deferring until the 29th and calling a special meeting for action.
Nov/Listen for a second. I did ask the library if they could come at 5:00. We discussed
this last night. We will get an answer from them whether or not they can come at
5:00. If they can come at 5:00, we can do this at 4:00. Does that sound like it is
going to work? Because we have a meeting scheduled for 4:00 anyway.
Kubby/I thought the majority decided that we were keeping the meeting on the 30th from
4:00 to 8:00 PM last night.
Norton/We are just going to accommodate Larry.
Nov/We are trying to be accommodating and Susan said that she thought we could be
accommodating.
Norton/Why don't we ask Bruce if we can defer this until the next meeting so that we
have more than two weeks to try to get this together rather than trying to plan a
special meeting.
Kubby/I agree.
Norton/If you would do that while we proceed with the rest, then we could maybe get
past this hump here.
Woito/You are going to table this until the end of the meeting?
Kubby/I so move.
Lehman/Second.
Nov/Moved and seconded (Kubby/Lehman) that we table to the end of the meeting. Any
discussion? All in favor, please say aye- (aye). Okay.
Now may we have a motion to also defer the item K. to the end of the meeting.
Moved by Lehman, seconded by Thomberry that item k. be moved to the end of
the meeting. Is there any further discussion? All in favor, please say aye- (ayes).
Okay.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#Sj page 22
Baker/There is not much more let~ on the agenda depending on how quickly a contact is
made.
Nov/Fortunately, not a lengthy agenda.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#51 page I
ITEM NO. 51 Consider a resolution approving a final plat of Meadow Ridge, Part 2, a
2.29 acre, 4- lot residential subdivision located on the east side of Dubuque Street
south of Meadow Ridge Lane. (SUB96-0021)
Nov/Moved by Norton, seconded by Lehman. Bob, is there any delay in these papers?
Are they all ready?
Miklo/The legal papers have been approved.
Nov/Okay. Any other discussion? Roll call- (yes). Okay, this resolution has been
approved.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
October 22, 1
City of Iowa Cit~,
Page 1 0
ITEM NO. 6
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 deferred from October 8. Staff recommends
deferral of this item.
ITEM NO. 7
CONVEYANCE BY SALE AND/OR LEASE OF LAND ADJACENT TO THE
ELKS GOLF AND COUNTRY CLUB.
Comment: This resolution and the public hearing are continued from
October 8 so that details between the City and the Elks could be worked
out.
Action: ~/~~ ~~ ~ ,'~/~
b. CONSIDER A RESOLUTION AUTHOR~
c,,on:
#6 page 1
ITEM NO. 6 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.
Nov/We need a motion to defer to November 19. Isn't that a council meeting?
Kubby/I thought we were doing the 4th.
Nov/When I spoke with some of the Elks today, they agreed to the 19th
Karr/Okay.
Kubby/Is that what we want to do?
Lehman/I don't have a problem with that. That gives it us little more time.
Vanderhoef/That is fine as long as they are okay with it.
Baker/I have got no problem with the 4th.
Kubby/As long as we stick to the rest of the action plan.
Baker/Action plan.
Norton/Action.
Nov/We are sticking to the action plan but this gives us a little more time.
Kubby/I guess I am asking (can't hear) in control of the action plan by this motion.
Thornberry/We are being accommodating
Nov/We are giving staff some time to (can't hear) the paperwork.
Kubby/We have been very accommodating. That is fine for the 19th but after that-
Thornberry/That is one out of seven.
Baker/No, no, I am ready on the 4th. Get it resolved by November 4th.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#6 page 2
Nov/Well, considering that we cannot meet until the 29th and then paperwork has to be
approved by the first and they have to have a meeting somewhere- I really think
the 19th is practical.
Baker/I am just trying to practice for my role as bad council member.
Nov/You don't need to practice. All right, we have a motion on the floor deferring item
#6.
Karr/Who made the motion?
Nov/Thornberry-Lehman.
Kubby/And this is for both items?
Lehman/Yeah.
Thomberry/#6 & 7.
Nov/Oh, we are doing both items in one motion? Okay.
Karr/Three items because you are continuing the p.h. also.
Kubby/Yeah you did that, didn't you?
Lelunan/Right.
Nov/I was going to do #6 in one vote and//7 in the next. But if we want to combine all of
them. What we are doing here is deferring #6-
Arkins/Do we have to open the hearing?
Kubby/Yeah because it is on.
Nov/I think we do. Let's just do #6 & 7 separately. We have a motion to defer and we
now need a vote. All in favor, please say aye- (ayes). Motion carded.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#7 page 1
ITEM NO. 7 CONVEYANCE BY SALE AND/OR LEASE OF LAND ADJACENT TO
THE ELKS GOLF AND COUNTRY CLUB.
Nov/Item #7 has two parts. The part a. is a p.h. on conveyance by sale and/or lease of
land adjacent to the Elks Golf and Country Club. We need to open the p.h. and
then we will need a motion to continue. The p.h. is now open.
Moved by Kubby, seconded by Norton, that we defer the resolution to authorize
this sale and we continue the p.h. to the 19th of November. Discussion? All in
favor, please say aye- (ayes). Motion carded.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
October 22, 1996
City of Iowa City
Page 1 1
ITEM NO. 8
CONSIDER AN ORDINANCE 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. (SECOND
CONSIDERATION)
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 vacation is
subject to the City of Iowa City retaining water, storm and sanitary sewer,
and utility easements. After due Council consideration, this ordinance
authorizes vacation of the above described alley right-of-way.
recommends expedited consideration of this item.
Staff
ITEM NO. 9
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.
(SECOND CONSIDERATION)
Comment: The City Council approved amendments to the Sensitive Areas
Ordinance on September 10, 1996, through passage of Ordinance No. 96-
3744. The ordinance, as approved, did not address the renuinhering and
relettedng of the ending subsection of the Sensitive Areas Design Guidelines
section of the Sensitive Areas Ordinance as contained within the amendments
proposed to Council and as considered by the City Council during the public
headng. The proposed ordinance merely corrects the inadveRent omission of
the appropriate renumbering and relettering, and contains no substantive
changes to the approved ordinance. Please note that Ordinance No. 96-3744,
passed September 10, 1996, did not include the subsection appropriately
renumbered as 14-6K-IN4, and no ne~w t~xt has be~en ,add.~ed in this. ~adfyingj_.
ordinance. ~Z
#9 page I
ITEM NO. 9 CONSIDER AN ORDiNANCE CORRECTING ORDiNANCE NO. 96-
3744 1N ORDER TO ACCURATELY RENUMBER AND RELETTER THE
ENDiNG SUBSECTIONS OF THE SENSITIVE AREAS DEVELOPMENT
PLAN DESIGN GUIDELINES SECTION OF THE SENSITIVE AREAS
ORDINANCE. (SECOND CONSIDERATION)
Baker/Madame Mayor, can I go ahead and move for-
Nov/Yes, you may.
Moved by Baker, seconded by Vanderhoef, that we waive second consideration of
this. Roll call- (yes).
Moved by Baker, seconded by Lehman~ that we give this ordinance final
consideration and this does not change anything except tenumbering. Roll call-
(yes). Ordinance has been adopted.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
October 22, 1996
City of Iowa City
Page 12
ITEM NO. 10
CONSIDER A RESOLUTION AUTHORIZING ACQUISITION OF RIGHT-OF-
WAY, PERMANENT EASEMENTS, AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE CONSTRUCTION OF THE FIRST AVENUE
IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE
AVENUE.
iTEM NO. 11
Comment: The City of Iowa City must acquire right-of-way, permanent
easements, and temporary construction easements to facilitate the First
Avenue paving improvements from Bradford Drive to Muscatine Avenue
and storm sewer improvements from First Avenue to Ralston Creek. This
resolution authorizes City staff to negotiate and the Mayor to sign these
documents, including authorization of condemnation if necessary. Every
effort will be made to negotiate acceptable agreements without resorting to
condemnation. Prior to proceeding with condemnation, staff will notify
Council.
Action:
CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING
LITIGATION.
Comment: WestSide Company filed an action in district court against the
City as a result of a claim of unconstitutional taking. The City Attorney has
negotiated settlement. This resolution ratifies settlement of the litigation as
required by Chapter 21, Code of Iowa. The City Attorney recommends
adoption.
ITEM NO. 12 ANNOUNCEMENT OF VACANCIES.
a. Current vacancies.
(1)
Board of Adjustment - One vacancy to fill a five-year term ending
January 1, 2002. (Term expires for Tim Lehman.) (2 males and 2
females currently serve on this commission.)
(2)
Board of Appeals - One vacancy to fill a five-year term ending
December 31, 2001. (Term expires for Thomas Werderitsch.) (5
males and 1 female currently serve on this commission.)
(3)
Human Rights Commission - Three vacancies to fill three-year terms
ending January 1, 2000. (Terms expire for Osha Gray Davidson,
Alison Ames Galstad, and Andre Peery.) (1 male and 5 females
currently serve on this commission.)
#10 page 1
ITEM NO. 10 CONSIDER A RESOLUTION AUTHORIZING ACQUISITION OF
RIGHT-OF-WAY, PERMANENT EASEMENTS, AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE FIRST
AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO
MUSCATINE AVENUE.
Nov/Moved by Lehman, seconded by Norton. Any discussion?
Kubby/Was there something at our desk last night about the neighborhood meetings
about this? One of my concerns is that I know that there is at least one household
who their house is real close to the comer and I am not really sure what the
dimensions are, how much r.o.w. we are taking from whom and I feel
uncomfortable about voting to allow condemnation when I don't know what the
specs are. We haven't seen that.
Baker/This only- This doesn't say we are covdemning. They still have to come back to us,
right? This doesn't approve a condemnation.
Kubby/But it let's us go forward in that direction. It says staff- The easements are going
to be in certain places and we are asking you to for them and if you can't get them
to begin the condemnation proceedings-
Baker/But they have got to-
Atkins/Come back here.
Baker/They come back here before they begin.
Woito/But we generally notify you before we commence-
Baker/Oh, absolutely.
Kubby/Right but this is giving them permission to go forward with that if negotiations
don't work and without knowing the specifics of the project? I feel uncomfortable
giving my permission to administratively begin that process even with the
understanding that you let us know that it has begun.
Norton/Didn't we have sketches earlier that showed how close they were coming. We
had some pretty careful sketches I thought in the early days about exactly- This
was going to come pretty tight to some of the houses up there.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#10 page 2
Nov/We did have some street drawings. 1 am not sure we had this storm water to Ralston
Creek drawings.
Kubby/Do we need to do this this week. Is there a time frame that this fits into?
Woito/This is not-
Kubby/I mean we should know what we are asking from people.
Woito/This is not federal money so we are not on a tight time frame like we would be
with federal money. I don't think so.
Nov/Well, we do have some need to get the street done.
Kubby/The design work can go ahead to a certain degree.
Lehman/You know, I don't disagree with you, Karen, except I think, you know, we do
have time to look at the specs. We can authorize this and at the same time, look
and see- We can look at the specs to see exactly what it does. We can always back
off. 1 think it authorizes us to move forward and I think there is a certain value in
that.
Kubby/This resolution authorizes condemnation if necessary with notification to council. I
mean can we stop it if we don't want to do it?
Baker/Every effort will be made to negotiate acceptable agreements without resorting to
condemnation. Begin the negotiation process. If that doesn't work, my assumption
is Steve is going to come right back to us before they begin the condemnation
process.
Nov/That is what we have done in the past.
Lehman/(Can't hear).
Arkins/Folks, it can be anything you wanting it to be.
Baker/If we are telling you that is the understanding on this particular case.
Norton/But this is a nested set. For example, you might negotiate most of these and then
somebody doesn't want to go along with it and it gets into condemnation and-
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#10 page 3
Baker/It doesn't get into condemnation until-
Norton/We get another look at it. I understand.
Kubby/If we direct it that way. That is not the normal protocol.
Baker/That is the way I say we direct it this time.
Arkins/Strike the condemnation language if you feel that strongly about it.
Kubby/Yeah, I would move to strike the condemnation language from the resolution at
this time.
Baker/I got no problem with the language because we still have control over the-
Atkins/This is a traditional resolution. We have used it in the past. It is very much up to
you.
Nov/Yeah and in the past we have always had the question of condemnation come back
to us.
Kubby/But proceedings begin and then we are notified.
Vanderhoef/It isn't necessarily proceedings ofcondemnation.
Council/(All talking).
Norton/This is standard language. Let's go with it.
Baker/They are not going to condemn or begin the condemnation paperwork until-
Woito/We notify you.
Kubby/But what we are doing- Let's take the condemnation part out of this. We are
voting to get easements that I haven't seen for a long time. Maybe that is my fall
down in my responsibilities. But I don't feel comfortable voting on it knowing that
it is coming close to a couple of houses until we have reviewed it again.
Norton/My question is what would we do then? Redesign the road?
This represents only a reasonably accurate transcription of tile Iowa City council
meeting of October 22, 1996.
F102296
#10 page 4
Kubby/No, I haven't seen it to know ifI think- If my judgment says we should wiggle this
way or that way, maybe not at all. That is why I want to see it. So I move that we
strike the condemnation language on the resolution.
Baker/So every effort will be made to negotiate acceptable agreements, period?
Kubby/I don't have my resolution marked and I am not going to try to find it in this.
Woito/We can change it.
Kubby/I guess it is dying for a lack of a second.
Woito/If there are four of you who want to do this?
Kubby/It died from a lack of a second.
Nov/1 don't hear a second.
Kubby/Okay. I mean how many of you have looked at the specs to know what we are
gaining easements about on this road? I mean do people know?
Norton/I know pretty close.
Nov/There is no question that the road will come close to some houses. But it will not
take any houses out.
Kubby/I understand that.
Nov/And I don't remember anything about the stormwater fi'om First Avenue to Ralston
Creek. I do remember the road.
Kubby/Well, because I apparently have not been doing my job of looking at this project
more carefully, I will be voting no on this resolution.
Nov/Okay. Roll call- (yes; Kubby-no). Okay. This resolution has been approved on a 6-1
vote, Kubby voting no.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j & 5k. page 1
ITEM NO. 5j Consider a resolution approving a preliminary and final plat of a
resubdivision of a portion of lots 5 and 6, Jacob Ricord's Subdivision, a 1.26 acre,
6-1or residential subdivision, located south of North Dodge Court and east of
Dodge Street. (SUB96-0022)
ITEM NO. 5k Consider a recommendation that a no-parking zone be established on North
Dodge Court.
Nov/Now can we go back to the discussion of North Dodge before we got to
announcements?
Miklo/Mr. Glasgow declines to consent to a waiver of the 60 day limitation.
Kubby/I would be interested then in deferring this until the- If we do the 29th, we have
not wiggle room if we need some more information. We would have to make a
decision then. Do people's schedules accommodate the 29th?
Nov/Let's see what else we have-
Kubby/Or the 28th it is a Monday.
Baker/29th is better for me, late afternoon.
Nov/Remember you asked me to do something on the 29th, remember? We set that one
for 5:00. The other one is 5~00 on the 29th and that is just the three of us.
Kubby/Both days, the 28th and the 29th.
Vanderhoef/The 29th I am out.
Nov/We can-
Vanderhoef/The 28th is okay.
Nov/We can meet somewhere else on the 29th. There is a candidates forum here in the
council chambers. I cannot come on the 28th. You would have to do without me.
Vanderhoef/I can do the 29th probably at 8:00 in the evening.
Nov/You couldn't come any earlier?
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j & 5k. page 2
Vanderhoef/7:30 maybe.
CHANGE TAPE TO REEL 96-128 SIDE 1
Kubby/Larry can't do-
Baker/No, Monday or Tuesday evenings are fine.
Woito/What about the 28th?
Nov/I can do the 28th ifwe do it earlier. I have to be somewhere else at 8:00 which
means I have to leave here by 7:30.
Kubby/Why don't we do 6:00, on the 28th? That works for Larry. That works for Dee.
That works for the mayor.
Norton/28th at 6:00. I will be here the 26th at 8:00 probably.
Nov/All right it sounds as if-
Karr/If you want, remove it from the table and have a motion then to defer until the
special meeting?
Kubby/I do that.
Norton/Second. Did we have a motion to remove it from the table?
Kubby/Yeah, I just did that and to-
Nov/Okay. Moved by Kubby, seconded by Norton, that we remove this item from the
table and we need a vote. All in favor, please say aye- (ayes) Okay. Motion
carried.
Moved by Kubby, seconded by Norton that this be deferred to the 28th of October
at 6:00? Is that what it was?
Karr/To a location to be determined because I will have to check on the room.
Nov/Location to be determined.
Karr/And is that both items, j. & k.?
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j & 5k. page 3
Nov/Yes.
Thomberry/We could meet at the HyVee parking lot.
Kubby/So can we make sure that neighbors are notified about the exact place?
Miklo/Yes. We have the phone number of some of the neighbors and we will contact
them.
Baker/Especially any neighbor that might be affected by a possible assessment.
Nov/It appears that we are leaning towards an assessment sooner than later.
Kubby/I guess do we need to direct staff to have certain- Would we want the Fire Chief
them or information? What are the things- the information we want ahead of time
or at the meeting so that we can - That is the deadline. If we don't meet the
deadline as approved.
Woito/We need people from Public Works and Fire and Planning.
Vanderhoeff Yeah, I want to know about snow removal and that kind of thing
Thomberry/We need emergency care people.
Nov/We did have the Fire Marshall at the P/Z meeting and he did say that he could handle
the truck on this road. Didn't he7
Miklo/He was not at the P/Z meeting. When we review this at staff, he did not raise
concerns about the condition of the road.
Nov/All fight. But he did have a chance to say this will work or will it not. Okay.
ThornherD'/Let's meet at the end of that road in a fire truck.
Nov/Okay, that will take care of all of our problems. Do you think the fire track will hold
all of us?
Thornberry/No, it will hold all of us but I don't think it will get out to there.
Nov/I don't think it will have room for the neighbors.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#5j & 5k. page 4
Baker/I also would like to say to the neighbors that this doesn't guarantee a satisfactory
resolution but we are going to try hard.
Thomberry/I have not seen this done before. You have made a difference.
Nov/Definitely. All right, did we vote on deferral?
gan'/No.
Nov/All in favor, please say aye- (ayes). Motion carried. We are meeting again on the
28th on this issue alone.
Now, we are back to announcement ofvacancies. Marian, we can announce the
P/Z vacancy along with this?
Karr/Yes, you have it before you tonight in a handout.
Nov/1 have it here somewhere? Okay.
Thornben34 Karen, in your tenure on council, a low time, have you ever seen this done
before?
Kubby/(Yes).
Woito/Yeah, we have done it.
Kubby/For health and safety issues. What was that, Larry?
Baker/Out there on the west side of town, we deferred it. Chuck Mullen was up in front
off us. Was it Walden?
Woito/Galway.
Baker/Galway.
Kubby/That we deferred something
Woito/We tried to negotiate the buffer.
This represents ouly a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
page 5
Kubby/But once in a while it is not very frequent. But with a plat it really has to be a
safety issue. Maybe five times in my eight years.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
October 22, 1996
City of Iowa City
Page 1 3
ITEM NO, 13
(4)
Parks and Recreation Commission - Two vacancies to fill four-year
terms ending January 1, 2001, and one vacancy to fill an unexpired
term ending January 1, 1998. (Terms expire for Debora Liddell and
Matthew Pacha. Jana Egeland resigned.) (5 males and 1 female
currently serve on this commission.
($)
Senior Center Commission - Two vacancies to fill three-year terms
ending December 31, 1999. (Terms expire for Frieda Shannon and
Terd Miller.) (4 males and 2 females currently serve on this
commission.)
These appointments will be made at the December 3,
meeting of the City Council,
CITY COUNCIL INFORMATION,
1996,
ITEM NO. 14
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY,
a, City Manager.
b. City Attorney,
ITEM N O~3~
ADJOURNMENT.
//13 page I
ITEM NO. 13 CITY COUNCIL INFORMATION.
Nov/City council information. Norton-
Norton/A few items. One, I wanted to suggest to the council and to the staff that it just
seems to me it's time that we met with University representatives. It has been
almost a year since I joined the council, or nine months perhaps, and there are a lot
of issues coming up that seems to me that we ought to find a way. It is true with
the University, with the county, with the school board, with Coralville. All of them
I have a list of about five items that are fairly warm ranging from sales tax to
building plans and I don't know where that is going to work into our schedule. But
I really think we need a time to- We haven't really met with the county other than
on 965, have we?
No~No.
Norton/I am concerned that that be done. Within the county we have north corridor,
south corridor, industrial sites- Well, you don't need to go down the list. I don't
know how to do that. Maybe we had better-
Nov/We can just call them and find out ifwe can get together.
Norton/I would think that may be timely. Not that we don't have enough to do but-
Nov/We have more than enough to do. We did talk about meeting with student
government.
Norton/Yeah, that is different. Karen and I are still working on that. we have not gotten
dates from them but we plan to meet with the student senate. I am talking about
meeting with University officials on the range of mutual issues.
Kubby/I would like to see us set up something set up something for the University and
the county separately and to try to do that before early spring.
Norton/There are four entities and I would like to get at least two of them underway
pretty fast. 1 don't know which two. The University and which ever you are
thinking, the county or Coralville. The sales tax issue, for example, is another one.
Nov/Well, 1 don't think that one is going to happen that quickly. That issue can wait
awhile.
Norton/Well, I was looking at the Cedar Rapids issue.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13 page 2
Kubby/But we can talk about issues after we get four people agreeing that we want the
mayor to explore some dates for those two entities.
Nov/We could explore some dates.
Norton/Are you talking University and County first?
Nov/I think that we can probably assume that if we don't get it done in November, it will
be January. Very few extra meetings will be held in December. Most people prefer
not to do that. But we will try.
Norton/Now the other one I want to mention. We had a gentleman here at the last
meeting, I think, Dave Tiedt from Highland Avenue and he was talking about a
storm sewer and I understand, Steve, that is being looked into.
Arkins/Yeah, I asked staff to prepare a detailed letter and my conversation with Rick this
afternoon as a follow up is that it should be out by the end of the week.
Norton/Okay-
Arkins/And ll~e, a~ least our understanding was, that this was a sooner than later. I think
Rick felt that we could probably build it as early as next year. A lot ofit depends
upon contractors.
Norton/Incorporate it in the storm sewer work along with.
Atkins/Yes, putting that package together, that is correct.
Norton/The other item I wanted to mention was that we discussed some last night at our
work session that our next work session we would take a look at the so called
"deer" issue and see if anything, what if anything needs to be done for that matter.
Atkins/I point that out before you decide to settle in on the 4th. You have already got a
pretty jam packed agenda. Remember you only got an hour and a hal£
Norton/Oh.
Arkins/5:30 to 7:00. That is a short-
Nov/We can move it to the next work session.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13 page3
Norton/But at least we are not ignoring the problem. We are re-visiting it. Okay.
Kubby/I just had one item tonight and that is that we had a memo from Lisa Handsacker
about a new employee art fund that has been created from proceeds from the city
vending room, the employee vending room and proceeds from that are being used
to purchase art from local artists that depict different views of the city and that
they're in the hallway in the Civic Center as well as the framing of some historical
pictures oflowa City and they are really nicely done and I think it is a wonderful
program. So I want to just thank Lisa and Cathy Eisenhofer and Pain Sinnott for
helping with that and I know Naomi and I have for years kind of talked about,
resides the wonderful pictures of all the mayors on the wall, to also have some
other kinds of artwork in this room. It is a huge room, big walls. There is really a
lot of potential here and I guess I, in a certain way, would almost like to offer that
to this employee art fund that this space overtime. There is some room for some
wall sculptural things here as well.
Nov/I would like to make a recommendation that if Cathy is going to work through
brokers, which she has done at this point, there are several in town and they ought
to do a little passing around.
Arkins/We will pass it around. We will tend to do that. One ofthe things to think about
this room is that we are putting together a little project. This room sits vacant most
of the day and we are thinking about moving this heavy furniture out and getting
stacking chairs. We would like to convert this to a meeting room to allow it to be
used much more during the course of the day. I ttfink with that, the room does
need a little spiffing up.
Baker/You mean a public meeting room?
Atkins/A conference meeting room not unlike the other meeting rooms we have in this
building. We have all of this space and if we have stacking chairs we can rearrange
it, bring tables in and actually have meetings in here.
Kubby/It helps a let for even our meetings like with the Library Board when we sit down
here. These chairs don't allow us to use this room fiexibly at all.
Vanderhoef/I will applaud losing these chairs.
Nov/Yes, absolutely. They have seen their day.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13 page 4
Baker/Larry was going to ask me something.
Baker/I wanted to get a clarification on the types. Are you talking about just staff
meetings or meetings that the public could use this room?
Arkins/I guess I don't have a strong opinion about it. For example, Marian's office
oversees the lobby conference room and we get our boards and commissions. I
mean our own meetings will certainly keep them busy. I think this room could
become more popular. I am not real sm'e yet what we want to do other than I just
hate to see this space just sit here all day long and not be used productively.
Because there are folks it seems are always looking for places to have meetings.
Nov/And there have been public meetings here. Next week the candidates foram.
Norton/I thought there was a plan to chisel this podium down.
Atkind No, you can't chisel the podium done. You can raise the floor. This podium is the
ceiling of the law library down below. So if Linda is willing to kind of scootch
down, you can bonk in the law library. So this has to stay. We thought about
raising it but then we have a door problem. There is a number of architectural
issues. I think for the time being ifwe can get some stacking chairs and some
tables. We will have to figure something out.
Kubby/I really like the initiative and that the institution of local government is supportive
of employee initiatives like this to, you know, increase the quality of life for inside
the Civic Center.
Arkins/And the people to really thank are the employees because it is their vending
machines that they own and contribute to and the money is accumulated.
Kubby/So I appreciate their efforts and the results as well.
Nov/Yes.
Kubby/That is all.
Lehman/Last Saturday night my wife and I were privileged to attend the retirement party
for Ted Wheeler. Now Ted of course was the track coach for the University of
Iowa. Although this may not be strictly city business, on a much larger sense I
think it really is because I think people like Ted Wheeler have contributed to the
quality of life of this community. It was a very interesting and entertaining evening
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13
page 5
and I think ! have determined at~er that meeting there was only two kinds of folks
in Iowa City. Those folks who are friends of Ted Wheeler's and those he hasn't
met yet. So I would personally and I would hope on behalf of the council wish Ted
a great retirement and a great life here in lowa City.
Nov/Okay, Mr. Thomben3,.
Thomberry/I have nothing this evening. Thank you.
Vanderhoef/Yes. I just like to say congratulations to Parks and Recreation Commission
and the staff over there in their successful application in receiving a REAP grant of
$142,000 for the reconstruction of the Iowa River Power footbridge and then the
trail out onto the peninsula. This is a very large project and for people who are not
familiar with REAP grants, if you will notice your car license plate that have the
birds and the rose, those are special plates from the Department of Natural
Resources. Anyway, when you buy that special plate, the additional $10 goes to
this department and is used for these REAP grants and they come back to us and
we appreciate all of you who have those license plates.
Nov/Mr. Baker.
Baker/One quick thing and one more lengthy and seriously. One, I want to notify Mr.
Norton that I still have not received my postcard from Italy and if the city is going
to pay for your trip to Italy, I think we ought to at least-
Norton/It will be there, Larry. It will be there.
Nov/For the record, he paid his own way.
Baker/I just figured the Press Citizen needed to sell some papers.
Nov/Think of all these folks watching on television who didn't buy the papers.
Baker/Second thing more seriously. I wanted Steve to briefly update us. Last night we did
not have on the agenda any discussion of the citizens review board, police review
board, the status of that. What is going on with that? When are we going to talk
about it again? And what other things have you been doing to gather information?
Atkins/Last evening I gave you a copy of another draft and I think as you read through it
it is substantially the same framework ofa CRB we had earlier. We simply put a
lot more meat on it. I am hoping that you will review that thing. I have already-
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13
page 6
Heather Shank, I-[R Commission, 1 asked her to look at it. She found a couple of
corrections in mediation that we have to make for you but so far nothing of major
consequence. As far as scheduling it, that is really going to be kind of up to you.
The time is drawing near and your self imposed goal to get this thing moving, it
looks like the fourth is going to be kind ot'tough for you for other matters. And so
we are probably looking at the 18th, that work session in November. So it is
sometime out unless you want to do something. So just- I will defer to you. We
are ready to take you through the discussion on that as soon as you are.
Baker/If we are going to have a meeting on the 28th, why couldn't we have it on there7
Kubby/I think we should keep moving.
Arkins/It is very much up to you. We are prepared.
Nov/We are meeting on the 28th until 7:30 because I am taking off at 7:30 and I really
think we shouldn't do this one when I am not here.
Baker/Well, I agree.
Kubby/I also don't want to wait until the 18th ofNovember. l would rather- I don't know
what is planned for the 4th but I would rather take something else off the 4th to
begin so that we are always moving forward and there is not a month-
Baker/We have got a formal meeting the 4th, right?
Nov/We are starting at 5:30 and we are going to have just 1 1/2 hours and we are going
to cover all the P/Z and go into a regular meeting at 7:00. I don't tlfink we ought
to add that.
Baker/We could do it under council time under the regular meeting, couldn't we?
Norton/I don't know. I have skimmed it, the document that Steve gave us. There is a
number of inputs. 1 didn't know whether- We need to get those to him pretty soon.
I wouldn't think it would take all that much time to get them to him.
Kubby/Why can't we just do it in formal session on the 4th7
Baker/Yeah, we can work it into council time or some point on the agenda.
Atkins/It is very much up to you.
This represents only a reasonably accorate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13 page 7
Nov/Depending on how heavy the agenda is.
Atkin.s/We don't know that just yet. I do know that on the 4th representatives from the
Uaiversity want to come and talk with you and you have been holding them off for
awhile.
Baker/At the informal meeting?
Atkins/Yes.
Baker/Okay.
Arkins/Dubuque Street overpass.
Norton/Why can't we try on the 28th? We have I 1/2 hour if we don't take all that time
to deal with this North Dodge issue. Maybe we could get some of it done.
Baker/Well, I think Naomi's point is we need all of us here the whole length of time. To
me the 4th under council time or somewhere on the agenda formally-
Kubby/Let's have a special agenda item so when it is published, people see that that is on
there. A discussion of council.
Baker/A general public discussion of- Not public.
Nov/Not public discussion.
Kubby/That will come though.
Vanderhoeff There will be later p.h., right.
Nov/If the agenda is not too long.
Atkins/I mean-
Baker/We can work the agenda anyway we want to. It is not- The number of items on the
agenda is not the issue. It is how we treat those items is the issue.
Kubby/I guess I would like us to say that it will be on the formal agenda on the 4th and
make that commitment.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13 page 8
Norton/In the work session agenda?
Kubby/No, on the formal-
Baker/So the formal agenda and we will-
Arkins/We can handle it as you see fit. If you all get it marked up and have some ideas
before the 4th, send them on to me and we can get those checked out pretty
quickly for you if there are things you want me to look at right away.
Kubby/A specific separate agenda item on the formal meeting on the 4th.
Atkins/That is fine. Just understand that you may have a busy agenda.
Nov/We could leave it to the end.
Kubby/The tradeoff is we are off on election night.
Arkins/Good point.
Kubby/So-
Arkins/You get a day off.
Norton/Let me understand. When it is on our formal agenda, that is our discussion, not
public's.
Baker/I would like to see-
Nov/We could always move it to the 5th.
Baker/I would like to see us keep it, at this point, sort of coherent discussion among
ourselves because there is going to be lots of opportunities for the public input
coming and we just need to get the thing together.
Norton/I just haven't seen that kind of item on the public agenda ordinarily, a discussion
item like that.
Kubby/No but, you know, we have the power to-
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13 page 9
Norton/I don't mind but I take it that that is kind of unusual.
Nov/We have the option to put it on as a work session item, adjourn the formal meeting,
and do it at the end. We don't need to be part of a formal meeting.
Kubby/And we don't need to make this really complicated either. 1 mean I think there
would be some benefit because we are pretty far in our evolution in this
conversation and we worked really productively and well together on this issue
and I think it helps educate people about the direction we are heading to do it at
the formal meeting and we are at a point in the process where we are getting close.
Baker/And also let's keep it on the televised portion of the meeting.
Norton/That is fine but 1 can think ofother items that you are going to want to do that.
So it is not untoward to have just regular discussion item?
Baker/Well, I don't want us to do this-
Nov/(Can't hear).
Woito/Do you want a resolution on the agenda authorizing adopting the policy?
Nov/No.
Kubby/It is just council discussion.
Woito/You are not that close.
Kubby/We got it last night. We haven't read it. So I don't know if we are that close or
not.
Baker/I don't think we need to over-complicate putting it on the agenda.
Nov/Discussion, nothing else.
Norton/Looking at precedence, Larry.
Kubby/We have control over that agenda so we can let it happen again, which I think is a
good thing, or not.
Norton/Just chalking it up. 1 am happy to have it on.
This represents only a reasonably accurate transcription of the lawa City council
meeting of October 22, 1996,
F102296
#13
page 10
Atkins/You asked me a second question. I forgot what it was.
Baker/We are saying and any other things that has been going on-
Atkins/Yeah, I think there are a couple of things that are relevant to the CRB. From time
to time and I am sure you all have the same community contacts that I do, 1 will
hear there are more complaints about police conduct out there than we know of
and difficult to quantify. Chief and I talked about it and we are trying to think of
some community contacts where we might be able to sort of ferret out this
information to find out what is out there So I spoke with I think Phil's title is
Dean Of Student Services or something such as that, or Student Affairs. Phil Jones
and I talked with Susan Mast who is the head of the Affirmative Action Ofrice at
the University and I spent some time with them saying tell me the kinds of things
you are hearing, how you follow up and 1 thought it was very productive. They
suggested that I sort of move the issue up and actually direct it to the President of
the University, more institutionalize it to create some sort &system whereby we
can talk about these types of issues. What I was looking for is what might the
agenda be for a CRB. What are the kinds of issues they might be dealing with?
What might be the volume? And they were very helpful about that. I also go
through Heather Shank, our Human Rights Coordinator. I have had her contact
the Iowa Civil Union and we are meeting with them at the end of the week. Same
issue. Just tell us what is out there and again, I am trying to figure out just what
the extent of the issues are and I will be back with you.
Kubby/Can we have that list from September 10th? There was some specific instances
relayed by citizens who came to speak with us.
Baker/And I want to get clear that l am assuming that the council knows that we are not
relying on Steve to find that information for us. That the public- There might be
other avenues the public can-
Atkins/] want to find out what is there. If you don't know, we can't take action on it.
What I want to find out is what is the extent ofthese concerns, what are the extent
of the issues and also point out that we are about to create a forum whereby folks
can have those issues aired in some fashion and hopefully addressed. I just need the
advice of other people. I picked those-
Baker/The point l am trying to make is that l have been asked and ] think all council
members have been asked we are going to create a citizens review board and that
is fine for the future. But if there is a problem that some people perceive that has
This represents ouly a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13 page 11
developed in the past, there needs to be some way to let that problem be expressed
in a way that is helpful to us to make changes if necessary.
Arkins/Wall, and I hope I phrased my conversation with Susan and Phil in that fashion.
What is your experience. Tell me about these issues and that is sort of moving
along.
Baker/Does the public want us to evaluate staff and we need to have information to do
that and that is going to be a process that is going to occur.
/ We will have to talk about it.
Thomberry/I think we will have to talk about that when we talk about the review. And I
don't know if it is appropriate to start on it tonight. But I have got some serious
problems with a couple of your ideas. So I think, you know, we can talk about this
but it needs to be in a later date maybe.
Bakeff
I will certainly make sure that it is clear to the public that right now I am speaking
only for myself. I am assuming that there will be a way that the public, who has
had prior concerns, will be able to express those concerns in a fashion that will
help us evaluate the Police Department and the administration.
Kubby/I think it is an important part of our process to do that and maybe not events that
happened ten years ago but maybe the past year or so.
Baker/What are the parameters that the council-
Norton/1 assume that is the first job of the PCRB but let's talk about-
Baker/Talk about it at our meeting on the-
Arkins/So the point is if you hear about it in those respective communities of interest, I
am making those phone calls.
Baker/Great. Thank you.
Nov/Anything else?
Baker/That is it.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#13 page 12
Nov/I have a couple of things. The Iowa City Special Census is in the final phase. It is
important that the Iowa City Special Census include all people who are living in
Iowa City on the start date of the Special Census, August 29, 1996. Therefore, if
you were living hem in Iowa City as of this date and believe you were not counted
for the Special Census, you should complete a special We're You Counted form.
These ferns will be available in the Iowa City Press Citizen this Saturday, October
26 and next Wednesday, October 30. After the form is completed, it can be
returned to the address listed at the bottom of the form. For those who are not able
to secure the form through the newspaper, they may be obtained in the Iowa City
Public Library and the main lobby of the Civic Center. Forms will into be available
until Saturday, October 26. If you have any questions, please call the City Clerk's
Office at 25605040.
Baker/You can just park in the Library parking lot and go right in and pick it up.
Nov/Okay. The Community Housing Forum is being held tomorrow evening at the
Library from 6:30 to 8:30 PM. It is sponsored by the City of Iowa City, the Iowa
City area Chamber of Commerce and the Home Builder's Association of Iowa
City. This foram has John Beckard, President of the Chamber of Commerce, as a
moderator and it has panelists who are:
Steve Johannas, President of the Homebuilders Association
Jane McCune, President Elect of the Iowa City Association of Realtors,
Mary Loesch of Shimek Neighborhood Association
Phillip Jones, Associate Provost and Dean of Students at the U of I
Vicki Amundsen, Dir. Human Resources and Administration at NCS
Robert Sierck, President and CEO of First National Bank
And this panel discussion will begin by 6:45 and then there will be an open
discussion for any public comments at 7:15 and the public will divide into small
sessions at 7:30. These small sessions will report back to the large group at 8:05
and it will wrap up by 8:25. And it will be televised. It is in the Library Meeting
Room A.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
#14 page l
ITEM NO. 14 REPORT ON 1TEMS FROM THE CITY MANAGER AND CITY
ATTORNEY.
a. City Manager.
Arkins/I have one item for you tonight The intersection of Dodge and Buffington. We
have painted the mast arms and the signals dark green. We want your opinion.
Nov/The traffic signals up in the air are dark green.
Atkins/We want to paint all of the- And our idea is to re-paint those all the dark green as
opposed to the yellow. We left one yellow so don't- We just want an option. Do
you find it more attractive, clean, neater looking? We just want some opinions. If
you are out and about, tell us about it.
Lehman/I like it. I saw them painting it.
Nov/Okay.
Arkins/Dodge and Burlington, dark green.
Thomberry/What is the reason for that?
Atkins/More attractive. Just as simple as that. We have got to paint them and we just
thought dark green is better than bright yellow.
Nov/Okay. We will all look at it.
Arkins/Thank you. That is it.
Norton/Naomi, don't forget to read this "Slamming The Door About Housing Issues"
before you go to the seminar. You will find it, I think, very instructive.
Nov/Okay, we will do that. I wasn't planning to go to that one but I will read your article
and I will try and watch the other one.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 22, 1996.
F102296
City of Iowa City
MEMORANDUM
To: Mayor, City Council and General Public
From: City Clerk
Date: October 22, 1996
Re: Additions to the October 22, 1996 Agenda
ITEM NO. 12 Announcement of Vacancies.
a. Current vacancies.
(6) Planning & Zoning Comm. - one vacancy to fill a five month unexpired term
in addition to a five-year term ending 5/1/O3. (Tom Scott resigned.) (3 males
and 3 females currently serve on this commission.)
ITEM NO. 15. Motion to adjourn to executive session to discuss strategy with
counsel in matters that are presently in litigation or where litigation is imminent where
its disclosure would be likely to prejudice or disadvantage the position of the
governmental body in that litigation. This action is being taken pursuant to the
emergency provision of the Code of Iowa, Section 21.4(2) for good cause where 24
hour notice is impossible or impractical, namely litigation strategy that requires timely
attention.
ITEM NO. 16 Adjournment.
City Council Work Session Agendas and Meeting Schedule
1996
October 21
7:00 p.m.
8:45 p.m.
Monday
Regular City Council Work Session - Council Chambers
T/roes Are Approximate
7:00 p.m. Review Zoning Matters
7:30 p.m. Economic Development and Supportive Services Grant
7:40 p.m. Water/Sewer Rate Policy Discussion
8:10 p.m. Friendship/Shamrock Storm Drainage
8:40 p.m. Council Agenda, Council Time
Special City Meeting - Council Chambers
Executive Session - Pending and Imminent Litigation, Land Acquisition
October 22
7:00 p,m.
lOctober 30
4:00 p.m.
8:00
November 4
5:30 p.m.
7:00 p.m.
Tuesday
Regular Formal City Council Meeting - Council Chambers
Wednesday
Special City Council Work Session - Joint Library Board - Council Chambers
Special City Council Work Session - Council Chambers
Special City Council Formal Meeting - Council Chambers
Monday
November 5
NO CITY COUNCIL MEETING
I Nove._m_ber 11
VETERANS' DA Y- CITY OFFICES CLOSED
Tuesday
Monday
! November 13
4:30 p.m.
- 7:00 p.m.
j November 18
7:00 p.m.
November 19
7:00 p.m.
Wednesday
Special City Council Work Session - Joint Parks and Recreation Commission -
Room B, Recreation Center
Regular City Council Work Session - Council Chambers
Regular Formal City Council Meeting - Council Chambers
Monday
Tuesday
I