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HomeMy WebLinkAbout1996-11-19 AgendaSubject to chenge a$ §nalized by the Ci~y Clerk. Fore final ofifcial copy, contact the City Clerk's Office, 356-5040. AGENDA CITY COUNCIL MEETING November 19, 1996 §:30 p.m. Civic Center ITEM NO. 1 CALL TO ORDER. ROLL CALL. ITEM NO. 2 //. CONSIDER A MOTION TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS THE PURCHASE OF PARTICULAR REAL ESTATE ONLY WHERE PREMATURE DISCLOSURE COULD BE REASONABLY EXPECTED TO INCREASE THE PRICE THE GOVERNMENTAL BODY WOULD HAVE TO PAY FOR THAT PROPERTY. THE MINUTES AND THE TAPE RECORDING OF A SESSION CLOSED UNDER THIS PARAGRAPH SHALL BE AVAILABLE FOR PUBLIC EXAMINATION WHEN THE TRANSACTION DISCUSSED IS COMPLETED; AND 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. ITEM NO. 3 ~ MAYOR'S PROCLAMATIONS. ITEM NO. 4 a. City High Little Hawks Boys' Cross Country Team Recognition Day - November 20, 1996. ~ b. World AIDS Day - December 1, SPECIAL PRESENTATIONS. a. Outstanding Student Citizen Awards (1) Lincoln Elementary School (a) Allison Felder Candlelight Vigil Remarks page 1 Candlelight Vigil Remarks Kubby/Before we go in, Carolyn has invited anyone who wants to, as an individual, who would like to- Diemerie/No, what I am asking on behalf of the group that is out in front, is that you just walk and let them see that you have seen. You don't have to say anything. Just come and let them know that you have seen them. Norton/I have been out there. ADJOURN TO EXECUTIVE SESSION. RETURNED TO FORMAl.. Nov/And there are people here from the Candlelight Vigil who would like to say something and will you please have one spokesperson come forward and speak to the group. Two? Dianne Kau~nan/Yeah, there are two of us. Thank you. The purpose of this vigil is very simple and it comes from the heart. We are gathered as friends, family, neighbors and community members to stand by the Shaw family and share with them in their time of grief, pain and understandable anger. We are holding our vigil here at the Civic Center because it is where our community business is conducted and it is a public forum. We have not come to address the city council, however. You have done what you are going to do essentially. We are here to address the larger community and this is the heart of our public place. Before Eric Shaw was senselessly killed a few short months ago, many ofus here had never heard ofttim or his parents, Blossom and Jay Shaw. But after that fatal shot was fired, everyone in this community, everyone in this community became deeply involved in their fate. A tragedy like this affects each of us in different ways and I cannot attempt to speak for all the divergent sentiments and opinions. Our intention tonight is a very basic human one. We are here to bear witness. We will not forget that Eric Shaw was killed in his family's business while he talked on the telephone to a friend. We stand here tonight to bare witness to the loss of his innocent life. Like many here tonight, I did not know Eric, Blossom or Jay before this tragic event. But after the fatal shot was fired I waited for something to be done and when I saw that nothing in an organized manner was happening, I felt moved to do something and this is something that we can do, stand here together. We cannot undo what has been done but we can show respect and compassion for the young man who was killed and those who survive him and we can all recognize the tragic loss of a life of a friend and artists and a son. We have also come together tonight to show support This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 Candlelight Vigil Remarks page 2 for the Shaw family and for the terrible terrible loss they have suffered and will continue to suffer the rest of their lives. There is nothing that will bring their beloved son back. We stand here to show our support for them and to publicly share their grief and their rage. We, as a community, may feel uncomfortable in the face oftheir raw anguish. Yet out of respect for their loss, we must endure and support them through this most difficult time if we hope to keep our own souls and soul of this community intact. It may seem easier to forget about the killing of Eric Shaw and to try to say get over it quickly but I believe that path would diminish all of us. Many of us here may not agree on what is the best political action and who should be held accountable for this senseless death. What we can agree upon is that justice has not yet been done and so we bring our candles into this public place tonight hoping that we will see more clearly into the darkness that surrounds this tragedy. There may be people who wish to do more, perhaps organize a citizens' committee to pursue justice for the Shaw family and that might be a good thing. But tonight we will just stand together and Simply say we have not forgotten. Jim Shaw is here to speak for the Shaw family. One other thing. I would like to thank very much all the people who are here tonight to bear witness. You should be proud of yourselves. I hope you are. Thank you very much. Jim Shaw/Thank you very much for coming. Thank you. My name is Jim Shaw. I am the brother of Jay Shaw, the uncle of Eric Shaw. I am issuing a challenge to all who love Iowa City to take a stand for truth and accountability, to forget worldly affiliations and align yourselves with virtues that transcend the uniform that you may wear, the job that you do, the people that you know. I am issuing a special challenge to the leaders of churches and synagogues of this area to discuss and pray about whether they have adequately served the needs of the Iowa City community in this tragedy. I do not know what messages have been preached in this town since that awful Friday night in August but I would suggest, in light of what has happened in the wake of this tragedy, that many very helpful sermons could be delivered on God's love of justice. Justice is not a very popular idea in our society. In greater favor is a concept of tolerance and acceptance of divergent views no matter how far they stray. Stray from what you say. I say from truth. Truth is also out of favor. Some even argue there is no such thing. It all depends up on your point of view. I say that is rubbish. Truth is affected by your point of view only if you allow it. But when you allow your point of view to affect truth, there is no longer truth. Ever~hing is relative the professor teaches, nonsense. The ethics teacher may profess there are virtues higher than truth such as loyalty. Again, I say nonsense. Truth must be served or society will crumble. Truth is a very powerful force. It may get trampled on for a season but if enough people care it will eventually win out over the darkness of deceit. When you are fighting a This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 Candlelight Vigil Remarks page 3 battle and I do feel that the Shaw family is engaged in a war, truth is a very powerful ally. For a reason that we do not yet fully comprehend, the responsibility to fight this battle has fallen upon the shoulders of this family. We are deeply grieving but we have a very powerful ally which will sustain us in this fight. When a cause is just and when it is right, truth will prevail. Early skirmishes may be won by the forces which manipulate the truth and attempt to use it to their own short sighted advantage but if enough people will search out the truth and act upon that truth, lies and deception will eventually be defeated. Too often it seems our society is willing to accept a tendency of our governments, whether they be national, state or local, to shade the truth a bit to achieve what someone perceives to be a higher good. I maintain there is no higher good except for God and love and truth. Henry Ward Beechef summed it up very well. Whatever is only almost true is quite false and among the most dangerous of errors because being so near truth it is more likely to lead astray. I maintain that is what is happening here in Iowa City. The citizens of this town who are not looking closely are being led astray. The truth about what actually happened the night of August 30 is being manipulated. Manipulated in away that is momentarily serving the needs of certain people. But in the end these momentary gains will end up harming them much more than they would have ever been hurt by the truth. There is another interesting aspect about truth. Not only must truth be known, it must be acted upon as well. Too many of us formally modem rational people have become overwhelmed by the forces of a post modem world where truth has become relative, where justice is self inflicted. We know the truth but for too many of us it has become merely an encumbrance. Author George McDonald once wrote, "To give truth to him who loves it not is only to give him more plentiful reasons for ntisinterpretation." Robbie Zacharias, a Christian evangelist from India, in his recent book Delivery Us from Evil wrote, "That for truth to be of any use, you must have the love of truth and the willingness to submit to its demands." Many people have come to Eric Shaw's studio since he died saying they were seekers of truth and they found it there. But it soon became evident that some people only pretending to love truth by their actions or inactions they demonstratedly were not willing to submit to its demands. A person who has been willing to submit to the demands of truth said integrity is the glue that holds our way of life together. What our young people want to see in their elders is integrity, honesty, truthfulness and faith. What they hate most of all is hypocrisy and phoniness. That is from Billy Graham. And closer to home just down the road in Des Moines a writer from the Des Moines Register made a very excellent point in a column entitled "Who is Going To Police The Police?". In making the case for civilian review boards of local police, James Flansberg said all I know is that I am for law and order with justice and that you can't have in the absence of truth. And it is to that end that we dedicate this vigil. To shedding as This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 Candlelight Vigil Remarks page 4 much light as possible on these dark dark deeds. If truth is not honored, it is doubtful that justice will be served. Once again from Robbie Zacharias talking about the trial ofO. J. Simpson. He noted that evil does not come only io the garb of a mass murderer. In its most cunning and destructive form, it comes as an idea dressed in sophisticated attire, rationalized by profits of the wind. Nothing is more perverse than the idea that where murder is concerned, truth and morality do not matter. There is one more point about justice that should be made. It is rarely served when it is decided by but one man. G. K. Chesterton, a writer of great insight, recognized the importance of such matters by saying that when it comes to the question of guilt or innocence, it should be left in the hands- It should not be left, it should not be left in the hands of experts or the trained specialist. In the killing of Eric Shaw, the guilt or innocence of Officer Kelsay and Officer Gillaspic was decided by an arbitrary decision ofbut one man, an expert trained in the law. Trifle, said G. K. Chesterton, such as the cataloguing of the library or the mapping of the solar system can be rightly be left of the capability of experts. But when it comes to truly important matters such as determining the guilt or innocence of a man, that should be put in the hands of 12 common men. That, he recalled, is what the founder of Christianlty did when he wanted to do something as important as establish a new relationship with mankind. He called on the services of 12 ordinary people. But regrettably a jury trial, at least for the present, does not seem to be an option for Iowa City. Because this killing is not going to a criminal trial, much of what happened lies hidden among endless pages which are going unread in testimony that is not being taken. I would like to do my part to bring more of the truth about this tragedy to light because much of this is not easily reduced to confines of a sound bite on the evening news or a few column inches in the local papers. I have chosen talk radio to disseminate this information. Tomorrow morning I will begin telling the people oflowa City that I believe to be the ten most misunderstood aspects of this tragic killing orErio Shaw. I will begin the list tomorrow at 7:00 AM on KCCJ radio, 1560 AM. Anthony Weller is providing a format which allows to correct the inaccuracies and half truths that have been disseminated about the shooting. It began with the first calls to dispatch and it is continuing. Please tune in. I can guarantee you many surprises, even those who think you have heard it all. Thank you for your concern for my brother and his wife and their daughter. I sincerely mean that. Thank you also for your concern for your community for we are all members. What hurts one of us hurts all of us. Thank you. Lehman/Naomi, I guess I can't speak for the council but I certainly appreciate those folks who came here this evening and I think that many of the views they reflect the This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 Candlelight Vigil Remarks page 5 feelings of this council. This was a really horrible tragedy and I think tNs is a real tribute and I, for one, certainly appreciate it. Vanderhoef/Thank yon, Ernie, I agree. Nov/It is a caring community and they have shown that they care. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. FI 11996 #3a page 1 #3 a MAYOR' S PROCLAMATIONS. a. City High Little Hawks Boys' Cross Country Team Recognition Day - November 20, 1996. Nov/Do we have somebody here to accept the proclamation for the City High Cross Country Team? Okay. Team members, do you want to stand up and come up on the stage and look at the cameras while I read this. We may as well get all the faces on camera. Okay. (Reads proclamation). Good work. Go Little Hawks. Kubby/As you leave the stage, if you could go to the podium and say your name, I would really like to hear them. Nov/We would like to shake hands and congratulate all of them. Congratulations. (Shakes hands-self introductions of Little Hawks). Kubby/All right, congratulations to you all. Bud Williams/I have just a few words I would like to add. I am Coach Bud Williams from City High School. I will be retiring this year at the end of- Probably another two weeks it looks like. I have turned in my resignation and this marks my 39th year here in Iowa City and 43 years as an educator. Mayor, council members, we at City High School thank you for honoring our team here this year. This comes from not only myself but the parents, the runners, the administration and the school community. These young men work reD' hard to accomplish the state championship. It took intestinal fortitude. In addition to intestinal fortitude, it took dedication and desire to excel. And of course we are very proud of them. Recently our women in cross country concluded a season in third place at the state level and they have received six state championships in the last eight years and finished second and third the other two. So the men really haven't outdone the women to say the least and there is one correction there, it is 5 out of 6 years for the men, not 5 consecutive championships. But we will take the 5 consecutives. These men that we honor here tonight, they have won 8 MVC or conference championships on a row and the women, they have won 9 conference championships in a row and this year, these young men that you saw just a moment ago recorded 131 teams beaten while losing to only 3. In addition to that starting with run 6 years ago this same team, some of them being with me for four years and a year or so before, compiled a total of 756 teams beaten while losing to only 9. That is a remarkable record to say the least. We have won many post season honors along the way and this year we have here T. J. Albert who was first team all conference, John Hensley, first team all conference, Mark McPherson, first team all conference and captain and This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. 996 #3a page 2 Solomon Richards, first team all conference. In addition to that, Jacob Smith was second team all conference and we have Luke Young who is absence tonight, second team all conference and a freshman, Eric Mittman who was honorable mention. So 7 for 7 made the post season all conference team in one way or another. So to conclude again we would like to thank you and the City of Iowa City to recognize these young men for their accomplishments. It comes from the heart, the parents, from the runners, from the coaches, the administration and the school community. Thank you very much. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #3b page #3b MAYOR'S PROCLAMATIONS. b. World AIDS Day - December 1, 1996. Nov/Our second proclamation is World AIDS Day. (Reads proclamation). Joe Kayserf I am representing World AIDS Day committee, 1996. Linda Yanney/CO-Director and HIV Coordinator, Iowa City Free Medical Clinic. Joe Wilson/Co-moderator of G-ay, Lesbian, Bi-sexual Transgender Union at the University of Iowa. Kayserf I am also on the GLBT at the University of Iowa and their representative to world AIDS Day Committee. I would like to thank the council and Mayor for this recognition and just to give you a little bit on what World AIDS Day means and the history of it. World AIDS Day was observed for the first time on December 1, 1988 after a summit of health ministers from around the world called for spirit and social tolerance of a greater exchange of information on HIV AIDS. World AIDS Day which is observed annually on December 1 challenges us to strengthen the global efforts set to face the challenges of the AIDS panremic which continues to spread through all the regions of the world. This year 1996 marks the first year in which a new and expanded global response to HIV AIDS is in full operation. I would like to take the opportunity right now to go over some of the list of events that we have planned. Just some of the major ones that we have. First of all the Worlds AIDS Day activities will be on the I and 2 of December. Being the 1st is on a Sunday some of the major events will be taking place on a Monday. A ringing of the bells which is area churches will toll their bells 16 times, once for each year ofthe AIDS epidemic and that will be taking place on the 1st, on Sunday at 2:00. Dimming of the lights which is as part of an instrumental observance linking cities around the world. We are asking citizens and businesses to dim their lights or to light a candle for 15 minutes and that will take place on Sunday between 7:45 and 8:00 and again, we urge all citizens and businesses to take place in that. A day Without Art which will take place on Sunday and Monday which is in order to recognize the impact of AIDS on the arts community, local museums, art galleries, libraries, will be asked to cover select pieces or to pin red ribbons on display. Again, that will be on Sunday and Monday. Red ribbons will be distributed throughout the community. We will distribute them to the county as well as we are going to distribute them to city employees. Again, we are asking the city employees and anybody in the community to wear them and on Monday, probably the most pinnacle event that we have is remembering of the names and this will This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #3b page 2 take place on Monday. It will be between 12:00 noon and 2:00. And that will take place on the Pentecrest at the University of Iowa and what we are doing is we are giving select people a list of names of people that have died of AIDS and we are asking any citizen that is interested and again, any of the council people that are interested in taking place for this. Again, this is like the pinnacle event that we have. And again, that is at noon, between 12:00 and 2:00 on the Pentecrest and the University &Iowa. There are also some other events that we have on Sunday that I failed to mention earlier. The ICARE fund raiser which will be taking place on Sunday between 7:00 and 9:00 and it is an annual fund raiser in honor of World AIDS Day and Day Without Art and the quilt panels from the NAMES Project of Cedar Valley will also be there and displayed and that will take place at the University oflowa Arts Museum. And again, ICARE will be taking part in that. And then a Safer Sex Workshop will be taking place and the University oflowa GLBT will be sponsoring that and that will take place between 5:00 and 7:00 and that will be at the IMU. And again, all interested citizens are urged to attend this. It will be a really informal workshop. Again, I would like to thank the Mayor and council for this recognition and we are asking all the citizens of Iowa City to take place in Worlds AIDS Day 1996. Thanks. Kubby/Thanks for all the organizing. Vanderhoef/Do you have any red ribbon? Kubby/Linda always has red ribbons on. Wilson/Yes we do, ribbons right here. Nov/I saw Linda with her package of red ribbons. Linda, did you want to say something? Linda Yanney/I think Joe covered it adequately. (Can't hear). This represents only a reasonably accurate transcription of the Iowa City conncil meeting of November 19, 1996. F111996 November 19, 1996 City of Iowa City Page 2 (2} Longfellow Elementary School Gabe Middaugh Julie Rabb Anne Sullivan (d) Hanna Yeager CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR ITEM NO. 5 AMENDED. a. Approval of Official Council Actions of the special meeting of November 4, 1996, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. Broadband Telecommunications Commission - September 30, 1996. {2) Iowa City Board of Adjustment - October 9, 1996. (3) Iowa City Planning and Zoning Commission - October 17, 1996. Design Review Committee o October 28, 1996. Iowa City Public Library Board of Trustees - April 25, 1996. Iowa City Public Library Board of Trustees - May 23, 1996. (7) Iowa City Public Library Board of Trustees - June 27, 1996. (8) Iowa City Public Library Board of Trusteec - August 22, 1996. (9) Iowa City Public Library Board of Trustees - September 26, 1996. (10) Iowa City Public Library Board of Trustees - Oct(~ber 15, 1996. (11) Iowa City Public Library Board of Trustees - October 24, 1996. Permit Motions and Resolutions as Recommended by the City Clerk. Consider a motion approving a Class C Liquor License for Inc. Limited, dba Sanctuary Restaurant, 405 S. Gilbert St. (Renewal) (2) Consider a motion approving a Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St. (Renewal) (3) Consider a motion approving a Special Class C Liquor License for India Cafe Corp., dba India Cafe, 227 E. Washington St. (New) Consider a motion approving a refund for an unused portion of a Class E Liquor License for Hy-Vee, Inc., dba Drugtown #1, 521 Hollywood Blvd. City of Iowa City Page November 19, 1996 (5) Consider a motion approving a refund for an unused portion of a Class E B3er Permit for Hy-Vee, Inc., dba Drugtown #'i. 521 Hollywood Blvd. Consider a Resolution to refund an unused portion of a cigarette permit for Seaton's Cash & Carry Market, 1331 Muscatine Ave. d. Setting Public Hearings. (1) CONSIDER A MOTION SETTING PUBLIC HEARING FOR DECEMBER 3, '1996, ON ORDINANCE AMENDING TITLE 4 OF THE CITY CODE ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 3 REGARDING OUTDOOR SERVICE AREAS, AND TITLE 10 ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3 REGARDING SIDEWALK CAFES TO REDUCE THE DIFFERENT TYPES AND CATEGORIES OF ESTABLISHMENTS, AND ENCOURAGE MORE PARTICIPATION. Comment: At Council request, a Committee was formed to review current regulations concerning outdoor service areas (on private property) and sidewalk cafes (on City-owned property) to encourage more participation by reducing the types and categories and also to modify requirements for fencing and screening, and the notification process. The ordinance will be available in the City Clerk's office on November 27. Copies will be sent to current sidewalk cafe and outdoor service area establishments prior to the public hearing as well as to establishments that picked-up applications and did not return them. e. Resolutions. (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 518 BOWERY STREET, IOWA CITY, IOWA. Comment: The University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for the owner at 518 Bowery Street. On August 10, 1989, and June 2, 1994, the owner of the property received loans in the form of a Life Lien, a Promissory Note, a Mortgage and a Rehabilitation Agreement for a total of $21,500 through the City's Housing Rehabilitation Program. The University of iowa Community Credit Union is about to issue a home equity loan to the owner to pay off the property contract and consolidate her consumer debts. The appraised value is $44,080 which provides enough equity to cover the City's second lien position, which was the City's original position. Novomber 19, 1996 ~'~- _~i~ " (2) City of Iowa City Pa~e 4 CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN AND PUBLIC IMPROVEMENTS FOR D AND L SUBDIVISION. Comment: See Engineer's Report. (3) CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, ARLINGTON L.C., AND WINDSOR RIDGE HOMEOWNERS' ASSOCIATION FOR PLACEMENT OF STREET SIGNS ON STREET RIGHT-OF-WAY WITHIN THE WINDSOR RIDGE DEVELOPMENT. Comment: Arlington L.C., developer of Windsor Ridge, desires to place distinctive street signs at the northeast and southeast corners of Arlington Drive and Canterbury Court, within the right- of-way of each street. Arlington L.C. and the Windsor Ridge Homeowners' Association will maintain both street signs. Public Works/Engineering recommends approval of this resolution. f. Correspondence. (1) Gary Watts - extension of Court Street. Sonia Ettinger- planning. {3) Bruce Glasgow - gas/oil pipeline. {4) Gary Gussin- pedestrian bridge. (5) Richard Gibson - pedestrian bridge. (previously distributed) {6) Memoranda from the Transportation Planner: (a) Stop sign installation on Reno Street at Davenport Street. (b) Right Lane Must Turn Right on the east approach of the intersection of Iowa Avenue and Riverside Drive. (c) No Parking Loading Zone on the west side of Madison Street between Market Street and Jefferson Street. {d) No Parking Any Time on Dodge Street Court. {e) Loading Zones in the central business district. (f) Parking prohibition on 2nd Street. (g) Towaway Zone on Highway 6 West and Newton Road. {h) Reserved parking for persons with disabilities at the intersection of Church Street and Clinton Street. November t9, 1996 City of Iowa City g. Applications for Use of City Streets and Public Grounds. Paine $ (1) David Sears (Salvation . Army) November 14, 1996, December 24, 1996, for the purpose of Christmas kettles. END OF CONSENT CALENDAR. ITEM NO. 6 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). ITEM NO. 7 PLANNING AND ZONING MA3'TERS. Consider 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. (First consideration) 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. //4a(1) page I ~4a(1) SPECIAL PRESENTATIONS. a. Outstanding Student Citizen Awards (1) Lincoln Eleme:~tary School Nov/We have one left over award for Lincoln School. Is Allison Felder here? Karr/Yes she is, Madam Mayor. Nov/Okay, let's have Allison Felder come forward first. We have to explain that Allison wasn't here along with Lincoln School because she went to see the President. Was in fun? Allison Felder/Yeah. Nov/Good. We are presenting an award here (reads award). Do you want to read your statement? Allison Felder/I often do things that are not required like type something for someone else who cannot type. I also help kids if they do not know howto do something. I am very active in doing things for Lincoln School that needs to be done like being a lunch server and a media aide. I have served on student council twice. I have served in second grade and I served tiffs year. I take care of people who get hurt on the playground even if they are not my friends. I am also willing to work with anybody who might want to be my partner and the last thing I do is play two sting instruments, the violin and cello. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 a(2) page I t~4a(2)SPECIAL PRESENTATIONS. a. Outstanding Student Citizen Awards (2) Longfellow Elementary School Gabe Middaugh Julie Rabb Anne Sullivan Hanna Yeager Nov/Now we have children who are here from another school whose name I have forgotten, Longfellow. Is Longfellow Elementary School here? We have four students. Okay. They are in arbitrary order because the certificates happen to be. Karr/Two on each side. Nov/Two on each side? Okay, that works well. Everybody's cameras ready? We have Gabe Middaugh. Okay. And the certificate is the same as the others. I am going to ask Gabe now to read what the does for his school to be an outstanding student citizen. G-abe Middaugh/So far I am in three special activities: basketball, which is the Eastern Iowa Boy's Team; hockey through the Recreation Center in Iowa City and student council. From every class the students vote on two representatives from each class. Once I got into student council we voted on officers such as president, vice- president, and secretary. I ran for the president's and secretary's offices. Now I am the secretary of student council. My hobbies are baseball, football, soccer, basketball, collecting basketball cards, collecting basketballs, playing chess and juggling. Nov/Terrific. Congratulations. Julie Rabb. Okay, do you want to read that and I will hold the certificate for you. Julie Rabb/I am in 6th grade at Longfellow. I am in the orchestra and 1 was in the band. 1 am a peer assistant learner and a safety patrol. Last year I raised $60 for the Media Center. I help with book fairs and bake sales. I also worked at the car wash and help raised money to pay for Spirit, our school bird at the Raptor Center. I have also played violin at the Care Center with the student council. Nov/Terrific. I wonder what you did for fundraising? We need fund-raisers. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 page 2 Rabb/We had a car wash and a book fair and a bake sale. Nov/Wonderful. Thank you. Anne Sullivan. Anne Sullivan/I am a 6th grader at Longfellow School. My teacher nominated me for this honor because I really enjoy being part of a group and that is what citizenship really is, being a contributing member of a group. I think that Iowa City is such a fascinating place because of the people. I consider myself lucky to live here because of my general interest in people. In Iowa City there is so many different people and so many different interests. There are lots of organizations to join. Again, an opportunity to be part of a group. Here is some that I enjoy. First of all I belong to my class at Longfellow. Through that I do ELP, which I started this year and love and Math Olympiad. Next I belong to the group of people who like to do creative work. I like to write, sculpt and act. All can really be done along but I have noticed that people with these interest find ways to come together and share. I went to the Young Writer's Conference last year to share my writing and won 3rd place. I would also go to craft shows and attempt to sell my clay pins that I make that is if my mother wouldn't insist on keeping them all. I act with my classmates and the Young Footlighters. I have been in 11 Footlighter Shows since 1st grade. Though these are my main interests, I do do a little bit of all sorts of things. Though I am not a dancer, this summer I took a dance class and I enjoy playing basketball with my brother in our driveway even though it would be more fun if he would let me win once in awhile. I have begun to volunteer with small things around the cornmunity. For example, through the school I will occasionally visit the lowa City Care Center to entertain the residents. it is enormous fun but the part I most enjoy is after we perform, we will walk around and talk to the residents. I hear stories about places that I know as other generations saw them. By volunteering with small things, I hope to do more and more as I see the opportunities. I suppose this interest in community service is completely influenced by my parents. I am very proud of my parents for their involvement in the things that I do and don't participate in. For example, though I no longer attend Penn Elementary, my mother still goes out there often to help run the publishing center there. I have observed my parents and become aware of how dependent many things are on volunteers and the importance of giving in this society. From band where I play the flute, I have come to appreciate the importance of working together which is essential for playing in a band. I guess society is like that, too. It is held together by cooperation. Nov/Vep/nice. Okay. Hanna Yeager, do you want to read your thing first? This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 page 3 Hanna Yeager/Hi. I am a 6th grader at Longfellow Elementary School. My teacher, Ms. King, and my parents, Dane and Jeanne Yeager and my one and only sibling, Hillary. I would like the thank the city council for recognizing the youth and I would like to thank my teacher, Ms. King, again and my parents for letting me be involved in all the activities I am. Here is some things I am involved in in school. I am a PAL, the vice-president of student council who also helps with the school store we hold every Thursday. I am involved in special activities such as Math Olympiad. I go to the Care Center almost every Friday and entertain the residents by playing the piano. Some Friday mornings I come in a play for the teachers. I take it because of the stress level. I was also in the musical performance the Castaways and I am on the Isabel Montgomery Board along with the student council president. I work extra hard academically. I am a social role model and I go above and beyond to make sure they all feel they are a part of the activity. What I do outside of the class is my piano which I go to the Preucil School of music for. I am in lwanas International from which Iwanas do things as soapbox derby races, Olympics, Bible quizzes, and during club I direct songs. From lwanas I go the Parkview Free Evangelical Church of Iowa City. I do all of my homework no matter ifI want to or not. I help my family with chores like mowing and shopping which is my personal favorite and cleaning. I enjoy helping the elderly with yardwork and handing out carls at the grocery store. I also teach Sunday School and care for the neighbors pets while they are gone and when all that is done, I like to go bowling, play video games, sew with my mother, jump on my trampoline and go flying with my father. Thank you again. Nov/I have to repeat again, the whole community is proud of these kids. Congratulations all of you. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #6 p~el #6 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Nov/Public discussion for items that are not on today's agenda. Anyone who would like to talk about somethh~g not on the agenda, please come forward and sign in and please limit your comments to five minutes. Kubby/Thanks for waiting around. Jim Haverkamp/I work at Public Access Television in iowa City and I just want to take a moment to invite everyone to out mmual meeting that is coming up this Thursday night, the 21st. And it is from 7:00 to 9:00 PM in Meeting Room A of the ICPL. And this is not only an invitation to councilors but anyone in the community who is interested in learning a little bit more about Public Access TV. We will have video clips of programs that we have had on the last year, a chance to meet people and free food to boot. Kubby/And door prizes. Haverkamp/And door prizes. That is right. So if anyone has any time and would like to come out again, that is this Thursday, from 7:00 to 9:00. Nov/Thursday and 7:00 and where? Meeting Room A, Public Library. Norton/Incidentally, I have one question. Have you already enough candidates for the Board? Haverkamp/We could always use more. There is actually is an election that will happen that night. So nominations are welcome. Can we interest you in another job? Nov/I think he may have someone to suggest. What do you think? Terri Miller/Hello. I am here on behalf of the Senior Center Commission tonigilt. I just have a few things that I would like to bring before the council. One of the items may be some of you have already seen tile new floor that has been installed in the assembly room. It is beautiful. We would all like to thank you for including that item in our budget so that we could replace that floor. It is an acrylic permeated wood floor. It should last for a really long time and it really is beautiful. So we really appreciate the fact that we have been able to keep up the building as it is a wonderful and historic building. And the floor does get a lot of use. It is marvelous to have there. I wanted to invite all of you to the Holiday Bazaar that is coming up Tiffs represents oaly a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. FI 11996 #6 p~e2 on December the 8th. Probably some of you have been involved in it in the past perhaps, either attending by bringing children or grandchildren to it or by helping out at the Bazaar. Children are invited to the Bazaar to purchase gifts for their family of ffiends and the cost of the gifts are quite low from under $1.00 to a maximum of $5.00 The gifts are made by the seniors at the center and there are volunteers who help the children go through, pick out gills, wrap the gifts, send them home with them so that they m'e all ready for Christmas. It is a wonderful kind of an activity. It brings a lot of people into the Center and we are really hoping to have a good turnout. CHANGE TAPE TO REEL 96-137 SIDE 2 Miller/To come and see what is going on there. One of the other things that I would like to just tell you about briefly. We had, the Senior Center Commission, had a town meeting in June and a lot of issues were brought forth to the Commission and staff at that point in time. The Commission, at their last meeting, took a look at a lot of issues that were brought forth and set some priorities for the upcoming years. One of the things that we felt was very important was to open the Senior Center to be a welcoming place for the people who already come to the Center, for people who don't yet come there, maybe for the young old whu haven't been there yet. For the older old who we want to bring back in the door. We would like it to be a very welcoming place in the community. And I think that you will probably see that philosophy become more prevalent in a lot of what we are trying to do about the Center and the policies that we set and the kinds of activities that we are trying to promote. And so I just wanted to throw that out so that you all can be aware of the kinds of things that we feel are important there and that hopefully you will see more of as time progresses. The last thing that I would like to just mention, we have got new staff at the Senior Center. Linda Lopping is doing a marvelous job. She has a lot of commitment to the Senior Center, to the seniors who participate, to the community as a whole. She listens She very much wants the Center to be a welcoming place and I think she exudes the energy that we want to come from the Center. We are very pleased with her and also with our new program director, Julie Scales who is doing an excellent job. So we are really glad to have full staff. They are very glad to. So, are there any questions or any comments that you would like me to take back to the Commission? Vanderhoef/What were the times on the Holiday Bazaar? Miller/I believe that it runs for most of the afternoon on the 8th. The children must register in advance. Because there are so many children, it has become such a This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. FI 11996 page 3 popular event, that they have certain times that the children come in. There are volunteers that take them through the gift selection process. Vanderhoef/So they need to call and make a reservation? Miller/If you call the week before, Wednesday through Friday. Nov/They actually have to come in, don't they. They have to sign some sheets. Kan'/Registration begins December 4. I am a veteran Miller/And you are correct also. They do have to come in to sign up for that. That is right. Nov/I did some registration last year. Norton/So they sign in in person at the Center. Nov/You have to come in person but they have a variety of hours. You can come in this day at 7:00 AM and that day at 7:00 PM. Lots of variety so people manage to get there and sign up ahead of time. Also while we are on the Senior Center I am going to plug three openings on the Conunission are going to be appointed on December 3 and the deadline to run in your application to the City Clerk is the 26th of November. So anyone who is thinking, gee, this sounds like fun because Terri is enjoying it, come in and fill out an application. Miller/Thank you. Nov/Is there anyone else who would like to speak to the council? Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 November 19, 1996 City of Iowa Oity Page 6 Consider an ordinance amending Title 14, Chapter 7, entit'.ed "Land Subdivisions," Article A, entitled "General Subdivision Provisions," Section 4, entitled "Establishinept of Control," pertaining to City review of subdivisions located within two miles of the City's boundaries. {Second consideration) 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 1 9. Article M, entitled "Accessory Uses and Buildings," Section 1, entitled 'Permitted Accessory Uses and Buildings," to allow satellite receiving devices one meter or less in diameter in any yard or on the roof of any structure in residential areas. (Second consideration) Comment: At its September 19 meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of the proposed ordinance. The Commission's recommendation is consistent with the staff recommendation in the September 19 staff memorandum. Consider 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. (Second consideration) Comment: At its Septeml~er 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. #7d page 1 #7d Consider 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..(Second consideration) Nov/Moved by Norton, seconded by Lehman. Discussion. Norton/I just have one comment. I had a phone call after our last discussion of this and somebody I think perhaps I was talking about ordinary old TV antennas like we all use to have on our houses and somebody just circulated to the counqil an article from USA Today of I lth of November, no the 14th of November about these towers which go 100 to 300 feet tall and are really causing great concern in many communities in terms of aesthetics. Some are even camouflaging as Washington Monument or as trees. But it is a very interesting piece if anybody is interested in why we are concerned about this matter. They might want to look at that. Nov/I tell you, I brought that back. It is my souvenir from Bloomington, Delaware. The only time I read USA Today is when I am somewhere else. Norton/I didn't mean to make a plug. Nov/It is a serious consideration in communities which are more densely populated than Iowa City because they already have a great deal of population using cellular phones and the more people using them, the more towers there are and there is literally somebody who said this tower must look like a tree and it has branches and leaves on the tree. Any other discussion? Roll call- (yes). We have approved second consideration. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 City of Iowa City Page 7 November 1 9, 1996 Consider 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." (Second consideration) 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. 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) (Pass and adopt) Comment: At its August 15 meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of the proposed rezoning. Staff recommended approval in a report dated August 15. Because of action required by the City Development Board on the annexation of this property, this item should be deferred to January 14, 1997. ITEM NO. 8 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 22, Action: ~/~//~///~---~/ ~_~.2 .//~ /~./ #7f page I #7f 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).(Pass and adopt) Nov/This has to be deferred to January 14, 1997. Moved by Kubby, seconded by Vanderhoefthat this be deferred. Any discussion? We should explain that the kinds of things are required to be approved by a city development board on the state level and that is when they are going to be meeting and considering this. So that is when we are going to approve it. Okay. This is a motion. Correct. All in favor, please say aye- (aye). Motion carried. This represents only a reasonably accurate transcription of the iowa City council meeting of November 19, 1996. F111996 November 19, 1996 City of Iowa Oity Page 8 ITEM NO. 9 CONVEYANCE BY SALE AND/OR LEASE OF LAND ADJACENT TO THE ELKS GOLF AND COUNTRY CLUB. Comment: This resolution and publi(~ hearing are continued from October 22 so that details between the City and the Elks could be worked out, a, PUBLIC HEARING Action: CONSIDER A RESOLUTION AUTHORIZING ITEM NO. 10 PUBLIC HEARING ON THREE ORDINANCES PROPOSING RATE INCREASE OR CHANGES FOR WATER, WASTEWATER AND SOLID WASTE DISPOSAL FEES. Comment: This public hearing is being held to receive public comment on proposed water, wastewater, and solid waste disposal fee rate increases or langgage changes. Water fees are proposed to increase up to 20% and wastewater fees are proposed to increase up to 10% for billings on or after March 1, 1997, Solid waste disposal fees for residential service are not 'recomrh~nded to be changed at this time, . · · Water' and wastewater rates were last increased for billings on or after · March 1, 1996, Water fees increased 30% and wastewater fees increased ,15%. The' City'Cour{cil approved a policy t(~ increase rates for both water and wastewater over time to accumulate cash totalling 20% of the estimated - project coats and .use that to decrease the size of bond issue, thus saving interest costs on the bonds. The proposed rates incorporate the 20% policy. Based on fee increases of 20% for water and 10% for wastewater, the impact to the average residential user (usage of 700 cubic feet per month) is an increase from $41.21 per month to $47.71 per month (residential curbside refuse/recycling = $11.55). Staff memoranda included in Council packet; Action: #10 page 1 # 10 PUBLIC HEARING ON THREE ORDINANCES PROPOSING RATE INCREASE OR CHANGES FOR WATEK WASTEWATER AND SOLID WASTE DISPOSAL FEES. Nov/P. h. is open. Don Yucuis/Finance Director for the City. I just wanted to point out a couple of other additions to the information in the packet I wanted to highlight. These are some changes that were made or recommended in the ordinances. This includes the following fees being eliminated Kubby/Excuse me, would you say that word again. Yucuis/The following fees will be eliminated. Kubby/Thank you. Yucuis/You didn't think I could say that. Kubby/I just wanted you to say it loud. Yucuis/$3 delinquent water service account fee. A $30 inspection and removal fee for disconnecting and removing a single purpose meter and a $20 fee for resetting or reading the meter or restarting service. In addition, the deposit fee of $75 will be eliminated for residential owner accounts and the $50 fee for solid waste collection only accounts. The residential tenant deposit fee is recommended to be reduced from $100 to $80. One additional charge that has been added is for the telephonic reading of water usage. This is for new construction only. The multi-year rate projection schedule for water is slightly lower in FY99 and FY2000 compared to the last years projections. The multi-year schedule for wastewater is also slightly lower than projected than last year and is due to the favorable construction bids and financing in the bonds sold. This rate schedule also includes the additional for financing of a new sewer project, the Willow Creek Interceptor Sewer. There are no fee increases projected for next year for curbside refuse recycling or for landfill tipping fees. Those are the major highlights of the changes in the ordinances for water, wastewater and solid waste and solid waste disposal. Nov/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #10 page 2 Dennis Spencer/I live at 607 Pepper Drive in Iowa City. I am speaking tonight on behalf of the Iowa City Home Builders Association. And the issue I would like to address is the inbound meter reading devices that were just mentioned. On October 23 the Home Builder Association co-sponsored with the City of Iowa City a housing forum. The purpose of the Forum was to discuss affordable housing issues for both new and existing construction. Our association was represented by ten members. We also contributed to the cost of that forum. Approximately three weeks at~er that meeting the Iowa City Water Division addressed our membership to inform us of their intent to install the inbound water meter reading system. We were told by Ed Moreno and his staff that they were proposing the cost of the system be incurred by the homebuilder and ultimately by the homeowner. The homebuilder currently pays a $70 non-refundable deposit for the water meter itselfi The additional cost of the meter reading unit we were told would be $110. This would require a phone line and installation. The cost of which would be conservatively estimated between $25 and $50. This would be an additional $135 to $160 cost. We believe that this is another obstacle to affordable housing. According to Ed Moreno, the Iowa City Water Department currently has approximately 19,000 accounts which they plan to retrofit with this meter reading system at the city's expense. If you take into account the labor required to install this system, the $110 box, and the labor to install it conservatively you would estimate around $200 per household or per account. 19,000 accounts that is a $3.8 million expenditure that just kind of happened on the agenda here. Payback on the system could easily be 40 years or more. Considering how rapidly technology changes, the city may want to consider if this is really a good business decision. We contacted on very short notice, we contacted the City of Cedar Rapids Water Department and the City of Des Moines Water Department. Cedar Rapids is reviewing this type of a system but they say that they are not comfortable with the current technology. Des Moines does have an inbound and outbound meter reading system that services approximately 29,000 accounts. They feel that tlfis is a good system based on the size of their community. The size of their community being approximately 194,000 people. Iowa City's current population is 59,735. Both department heads indicated that the cost of the units, either are not or would not be incurred by the homebuilder. Instead they are considered capital improvements and paid for by the city. Given the 20% rate increase for the water and the !0% sewer rate increase which we will incur in March of '97, we would suggest that you step back and take a hard look at this decision to see if it is really a good investment for the citizens oflowa City. Thank you very much. I do have some letters for our membership. I don't what is appropriate to pass this around. Nov/The City Clerk would be happy to take them from you. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. FI11996 #10 page 3 Kubby/I guess I would like to hear from Ed if how meters would be installed, retrofitted into already developed areas over time and what your department sees as the advantage of the telephonic meter and your assessment of the technology. Moreno/I guess I can give a quick background. As this gentleman said, we have about 19,000 accounts. Actually less, about 18,500 right now and I have brought an MIU with me. I can demonstrate how it looks and how it works. Let me show you real quickly. This here is called a meter interface unit and what it is is like a little brain box here that can be installed with the meters that we have in our system right now and it is called an inbound telephone system and what that means is that it can use the existing telephone service that homeoxw~ers may have and would be programmed so that at least once a month or more as necessary it will wake up and it will phone into a computer that will be either at our plant or at the Treasury area and let us know what the reading is for the meter. This system here has two ports in it and that means that two meters can go in here. Also it is possible that gas or electric could be read through the system also. This thing has a battery on it. It has about a 10-12 year life on it. These units here are about $100. What we have looked at at the Iowa City Water Division is ways that we can be more efficient with our meter reading. We have two meter readers fight now and we created those two meter reading positions with the monthly billing that we started several months ago. And these meter readers are awesome. They read close to 500 meters each and every day on the average and there are times when we have problems with that, particularly in the winter time, during bad weather. It is even possible that sometimes they would go on vacation or get injured sometimes. I know one of them went off on vacation, didn't walk the amount of miles that he normally walks and when he came back he got shin splints. So there are certain issues that come up with us being able to maintain this high level of productivity. So what we decided to do was look at how we can improve in our efficiency. We looked at this technology here. We looked at the outbound technology that the gentleman referred to that Des Moines is using. We looked at the radio technology. We even looked a little bit at cablevision when that conversation was going on. And, based on our inquiries, based on our research, we requested that we be able to pilot a project like this and that pilot project looks like approximately 1300 installations in this FY that we would test to see how they work in our system. What we propose to do is to utilize this system here at our weakest point. So we are located down there at the water plant, that is where our meter readers start. What we would look at doing is putting these on the outskirts of the city or at other difficult to read spots. Currently our meter reads probably cost us anywhere between maybe 50 to 70 cents on the average. What that means is closer in they probably cost less, This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #10 page 4 farther out they cost a lot more based on the time that it takes to read these meters. That is what we would like to use these meters at in order to help us to meet that demand and also maybe keep a lid on our staffing fight now in this area. Baker/You are talking about 1300 retrofits? Moreno/No, what we are looking at is 900 retrofits and as we look back in our records, the city has grown in the last 10-12 years at about 400 new accounts a year. So those would be the new accounts. Norton/Wily do you need such a big number for the tryout? I don't quite understand that and what do you do if the tryout is no good7 Then do you take them out? Moreno/Well, I think that the trial- I guess we have some confidence in it based on our relationship and I know John North very well at Cedar Rapids. I know they are looking at radio technology fight now. I know Des Moines water works very well and they have the outbound system and now they are going to the inbound system. They have installed these slack units, they call them, with the telephone company but they have to pay charges for that. Sioux Falls, South Dakota we visited there. Urbandale, Iowa American Water in Davenport, Sioux City. So I guess that we are seeing that we think this can work. I guess the number we just arbitrarily picked. Nov/Ed, do I understand that you are going to use these systems on current accounts only when you have to replace the meter anyway? Or are you eventually going to just do it for everybody whether the meter service is replaced or not? Moreno/I guess we have a couple of programs going right now. We have a meter change our program that we would look at incorporating this into so that one visit takes care of both. We have meters in our system that are 15-25 years old fight now and we believe that - We also have what we call an unaccounted for water of anywhere between 13-19% and we think that a portion of that may be in our meteting inaccuracies. We are looking to gain that back and we can gain that back directly in our fees that way. I guess also we have done a leak detection program on our system to kind of make sure we don't have leaks in the system that are wasting water. So yes, we would do meter installation and MIU installation at the same time and we have been doing meter change outs for the last two years and averaging about 1100 to 1200 a year. Nov/So at that rate, approximately 1200 accounts a year are going to have this? This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. FLI1996 #10 page5 "7 Moreno/Yeaix, I guess that is probably where we came up with the number. We figured this is what we have been doing, this will be a goal for us. And that is how we propose. Norton/There is probably a lot of experh-nents that are not really experiments. You know, that is they are not permitted to have a negative outcome. Moreno/I think there is definitely a learning curve on this thing. I mean even though talking with our colleagues, they have sorted out a lot of things. Each community is unique and I think Iowa City will need to learn some things along the way. Norton/You are convinced that the technology isn't changing so rapidly. It feels like getting onto the computers. You look at the computers and look at how rapidly that change and - I understand that. The question is you get such a long payback time. That is going to be- With the savings, when you go these routes, usually you think you are really saving the money but you are not going to save that long while, right? Moreno/Yeah, I guess what I do and I made this analogy at the Homebuilders Association was that many years ago the superintendent of water at that time decided with the council to totally computerize the existing Water Treatment Plant. It was a really old computer and when I got there it was just limping along really bad. A butcher relay cabinet, a real strange looking thing. But at that time, what he also did was he locked in- I shouldn't say it like that. What he did was he set the amount of operators that would operate that and we're actually operating two plants down there with this computer system. When you look at some facilities like Cedar Rapids, like Iowa American in Davenport, they have two operators on even though they have data systems now. They didn't have them before. I think that is possibly an advantage to get into the technology and I agree, I think it will change. I think it is always changing but I guess I see advantages also. I mean our computer system down there isn't anywhere near what it was when I first came and we will probably have to continue to upgrade it. But the advantages are that you start to be able to not only get the data in but you get to be able to analyze it also. And the more information you have and the cleaner it is, the more you can like fine tune things. Kubby/Although it is easier to upgrade at the Water Plant because it is a centralized location versus total decentralization in each home and business. If technology changes or this doesn't work the way you projected it will, then you have to go back to each place to replace technology. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #10 page 6 Moreno/I think one thing we looked at in this program is the soft, yarc that we are looking at is called TD] Link and it is a relatively inexpensive lower level software. It is not the state of the art, excuse me, one that say Des Moines is using where they have I don't know how many accounts. We have less accounts so we are not really stepping into it that far and so we are trying to keep, I guess, our experimentation, our costs down as much as we can to feel this out. We will be watching Cedar Rapids to see what their radio experiment looks like. We will continue to stay in communication with Des Moines and I guess I am not sure what might be on the horizon. Kubby/Do you agree with that $3.8 million figure for retrofitting? Moreno/No I don't. I guess I don't want to sit here and throw numbers out. What I know and I really appreciate the Homebuilders Association allowing us to come out. We have gone out to meet with them twice to show them this system here and some of the questions they have asked have really caused us to look real hard at what we are doing here and you can crunch a lot of number all over the place to come all over the place with these and I guess our intention is to install this, with your permission of course, and see how it works and monitor it closely. And I think we will have some help with that. Baker/But Ed, two questions. You are currently doing about 1100 change overs a year anyway and who picks up the cost? We pick up the cost for that now? Moreno/That is correct. Baker/What is the cost per change over now7 Moreno/You mean as far as- Baker/What is the difference in cost between the changes that you were going to make versus the change overs you have made in the past? Moreno/Looking at the cost basically, the meter is $65 is our cost. The MIU unit is $100. You throw on top of that the labor to go out and install it, it should take about an hour or so. Looking at temporaries, you could be talking maybe $8 an hour. Looking at our staff, you are looking at somewhere around anywhere between maybe $16 to $18 an hour. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996, Fl11996 #10 page 7 Baker/The question is you don't want to throw out figures, I understand. But there has got to by a figure. Moreno/You are right. Kubby/We can ask for some more specific information. That would be helpful. Norton/I think we ought to talk it over, look at the numbers. Lehman/Well, what you are asking for as I understand it is this is kind of a pilot project. Moreno/That is correct. Lehman/You would like to try 1200 units which I look at some of this and if the payback is over 40 years, I don't think that is going to work at all. But I have absolutely no problem with, you know, with trying 1200 units and just see what the costs actually are. We can always say at the end of the year, hey, this is it, we are not going to do it. Kubby/But the question is who pays for the experiment then that we can talk about. Lehman/The rate users pay for everything, Karen. Kubby/No. That is the issue that has been brought before us is who should pay for the meters in new construction. That is the question. Norton/They will be passed on is what he means. Woito/In the pilot project were you going to have the new account holders pay for the installation and the box? Moreno/That is what we are proposing, yes. Woito/Even in the pilot project? Moreno/For the pilot project we are asking for new installations to be the cost to be incurred by the homeowner. Norton/It doesn't seem to be exactly fair does it? This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. FI 11996 #10 page 8 Nov/It has always been construction cost. Woito/It is a capital asset. Kubby/But the new meters are currently being paid for by the construction, new construction. So what is the difference? Council/(All talking). Woito/It is a policy decision. Baker/In a sense it is consistent with the policy, it is just a different technology that we are making them use. Right? Is that correct? Norton/And more expensive. Baker/The present homeowners who are changing over, what are their costs? Are they paying the same for comparable units that a new unit will cost? Moreno/We are not charging the homeowners, the what I call retrofits for the change over program. Baker/Which is also within our policy. Nov/It has been our policy when a meter gives up, come fit in a new one. Kubby/I had a question about the technology. When the technology wakes up as you say and tried to call in with the meter reading, ill am on the phone, it gets a busy signal. So then it tries again? Or- Moreno/It can sense when you are on the phone. The phone lines are carrying a certain amount of voltage in them and as it wakes up and keys in, it recognizes that there is no voltage there or there is a droppage in it, it will not interrupt your call. Kubby/So it waits until the phone is not in use. Moreno/It goes back and then it has a repeater on it and it will try again later. Kubby/What happens if the meter reading is taking place and I pick up my phone in the middle of it? This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19. 1996. Fl11996 #10 page 9 Moreno/It will stop immediately. Kubby/And try again later? Moreno/Yes and try later. Kubby/So my conversation supersedes the meter reader? Moreno/That is correct. Council/(All talking). Lehman/If you are talking about approximately 1200 units over the next year in kind of a test marketing and you are anticipating that as many as 400 of those might be new units, at approximately $100 a unit. That is a total of $4,000 that we would be collecting in addition to what we normally charge for installing the meter. Is that right. Moreno/I think it would be more like $40,000. Kubby/You had dropped a zero. Norton/Yeah, you lost a zero there. Times 100- Council/(All talking). Lelunan/Well, that is $40,000. Norton/Well, we got to pay for the meter. Baker/Ed, this unit that you are talking about here, it has been used in other locations, right? Moreno/Yes. Baker/Is there a history of any kinds of problems with tampering? I mean- Moreno/You mean like with customers tampering? I am not sure. ! do know that it has got this littlelock on it. You can put a little tab through there, you know. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #10 page 10 Baker/That is what the cable company says, too. Moreno/If you interrupt this thing, it will let us know. So one thing is telephone service has to be current in order for this to work. If there is an interruption in telephone service or interruption in the electronics, we will get a maintenance request or a maintenance whatever signal coming into the computer. I guess the way these things work is we would have this thing programmed to give us at least three reads a month. Two would be maintenance, one say a week before the actual read, the actual read, and then one after the actual read so that we make sure that we know this thing is working and that it is out there doing all right, batteries okay and eveq, thing. Baker/ Okay, we were told on another issue that as soon as they install the computer they had to have additional staff You are talking about three readings now. How do you see the staff savings here? Lehman/It is automatic readings. Kubby/In the future as we continue to grow and we have more and more meters that need to be read. Instead of people reading them- Norton/I think we need to schedule a more serious look at this thing. For example, why isn't the experiment already done in other communities? What is unique about our situation? Why do we need another trial? In other words, if Des Moines is trying it? Moreno/I think Des Moines is more than trying it. Norton/Won't their history suffice? Moreno/Well, I think so but I think that we still need to, again, get through our learning curve here about what is going on. They are putting a good 10,000 of these units a year and that is their goal. I don't know how many they have in right now but- Kubby/But they have made the decision to go with this system and they are doing 10,000 a year retrofit move towards completion. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #10 page 11 Moreno/And I do know also that their intention and if you look at the work plan is to pass those costs on to the homeowners. I don't think they have completed that yet but that is their goal. Nov/I have one more technology question. If4-5 years from now you buy a different instrument to install, will the computer and the program continue to read both different instrumenls? Technologies changing. Moreno/What we need to look at and what we have looked at here is compatibility of systems is what you are talking about and that is an issue right now because doing 1300 out of 18,500 really the meter reading is still in the other system and what it does is these reads are downloaded either through these things called uniguns that we use now or corning into this and they are put into what they call an ASCI file and that is- You know, we will be working more with data processing. But it is pretty standard form when it gets in the end. They can be put into our billing system. And that is the kind of things we look at and it is also an issue. I mean, you want to be careful with kind of the proprietary nature of the soft'ware and equipment. Lehman/Ed, this really is- We are calling this a pilot project or a test project. From a practical standpoint, you are convinced that this is a good system, or we wouldn't even being looking at it. Is that correct? I mean other communities have used it with success? Moreno/Based on my conversations and we have done some benchmark trips with Sioux Falls, they are very confident in it. Des Moines Water Works is too. Lehman/Obviously you feel the same way or you wouldn't be proposing it. Kubby/It is a first phase to make sure our system is working. Moreno/I guess yes, I am confident in it. I think we need to learn some more things about it. I think I appreciate that we are doing a pilot project. Baker/I am still a little bit unclear about how we measure the success. Arkins/I was going to make a suggestion to you is that maybe what we need is something rather straight forward and that is what do we do now. Just simply what is the process of reading meters, how information finds itself back to the Finance Department ultimately for billing. I don't think the folks from the Homebuilders This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #10 page 12 have questioned efficiencies. They are very supportive of efficiencies, it is just a matter of the cost to them. I would also when we make that comparison between how this system works and the other system works, looking at what are the advantages beyond efficiencies because you are saying you can more reads, more accurate, the leak detection that is better off for the property owner. Norton/You don't have the blank calls where you go and have to go back again and all that kind of thing. I don't know how much of that we have. Atkins/The financing and I would like to raise this question with Don is that- And I can understand the debate over the fairness of why the new construction against the retrofit. Maybe we need to put something together that says if we were to do it all on our own, assuming a comprehensive system, what would it cost us, how would it affect the rates. Choices, as Ernie says, rate payers are going to pay one way of another for the thing. And if you consider this a capital asset to the system which we purchase as part of the water projects or water systems assets, I can understand the Homebuilders argument. That is our meter, that is our box, that belongs to the system, not really to the property owner. Nov/Until now we have put meters on and charged the property owner. Do we retaiu ownership of those meters? Atkins/Those meters are ours. Woito/The meters are ours. That is why- Atkind There was a capital question that Linda was- Woito/It is my opinion they are a capital asset ofthe city. Arkins/The meter belongs to the city. Someone has to pay for it. At the time of construction it is a common practice that the builder pays for that and puts the meter in because they want the utilities. Norton/If time permits, let's get this on our work session and take a hard look at it. You know, we have not taken a hard look at it, have we? At least I haven't. Baker/Aren't we headed towards not letting new construction off the hook but it actually makes more sense to look at it from the other way if we are making change overs that more of that cost goes to the old homeowner as well. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #10 page 13 Norton/They will be delighted. Baker/I know, I mean if you are looking for consistency, that is the flip side of consistency. Atkins/Well the original meter as purchased goes in, if it fails, you give us a call. But if we go back and replace it, that is one of the customer service and the point of this is a new element to that process. Kubby/But we are not changing how we do business. It is just the technology and the price and Homebuilders Association is saying- Atkins/Hopefully over the long run it becomes a less labor intensive operation. Thereby the system saves money. The system can save money on its operating cost. If you can also do some accurate readings, you hopefully can save money for the property owner particular- Baker/I understand the rationale entirely. I am trying to understand at what we can say it works. I mean the rationale is justified and we can measure the success. Kubby/Maybe Ed, you can write something down. What are some of the goals in doing this so we can begin to measure success and what do you believe the payback period to be as well as some other advantages that may not be quantifiable in terms of payback moneywise but other efficiency issues. Atkins/And we can share that with the Homebuilders so they know. We are also not voting tonight. It is just the heating. And we would be happy to share that information with them and if they wish to critique what that analysis- Norton/Also doing away with some jobs here. Lehman/I agree that we perhaps could use some more information on this device. On the other hand, I would hate to see that postpone our action on the proposed increased in rates. Arkins/I would encourage you to proceed on that. At the very least you can carve that portion out. Tell them don't implement it. You can control that. Let's proceed but I think what you are looking for is something that is going to be a better This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #10 page 14 comparative of information. Again, I don't hear anybody arguing the efficiencies. It is the matter of the cost and how we pass that cost along. Lehman/Ed, how do we then take this out of- CHANGE TAPE TO REEL 96-138 SIDE 1 Atkins/Encourage you to do that. You can delete it today, don't implement. Just administrative rule, don't do that and we won't do it. Nov/It is not in the ordinance, is it? Atkins/Yes. Moreno/Yeah, it is. Nov/It is in the ordinance? Karr/But you have no reading this evening, so you could, depending on how much time it is going to take staff, you could give it even first consideration and amend it. It would be less onerous. Nov/Okay. Kubby/I have one last- I have one more technology question. Will the system be able to read actual water use versus just every 100 cubic feet? Ed Moreno/That is more a fi. mction of the meter. Right now we got a six digit meter. We call it a foreign coder. So it kind of lops offthe last two digits which takes it to the 100. It is possible, we can do that. Yes and this could do that. Kubby/My thinking is people who implement conservation practices have to do it in I00 cubic feet increments to see a difference on their next bill. Even if it could go down to the 10, that is much more doable practice. Moreno/Well, we would have to look at- This could do it definitely but we would have to look at the meter head. Norton/Another wheel in there, y~h. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #10 page 15 Moreno/Yeah, some kind of change in that and I think we actually talked with the company about it. They said that that head would be a marginal increase in cost like $3.00 or something for the whole meter to be able to get that accuracy. But yeah, we can do that. Nov/Is there anyone else who has comments on water, wastewater, solid waste rates? May I ask if there is anyone else who wants to speak before you have a second turn? Is there anyone else who would like to speak? Lyone Fein/Hi. 1 just want to ask a couple of informational questions. All the costs that have been discussed so far are the home site cost and I am wondering if the pilot program fails, what is the central site costs like at the water plant for software or whatever? What kind of investment we are going to need? Moreno/The software package is $12,000. The PC modems and UPS is $3200. There is a field test set, $2500. Let's see here. Telephone lines coming into the plant, about $100 to bring those in. Those are the kinds offigures that we are looking at for the basic set up at the plant. Fein/So that is an initial cost which wouldn't be (can't hear) if the program (can't hear). Moreno/That is correct. Nov/Is there anyone else who would like to speak on this issue? Mr. Spencer, would you like to speak again? Spencer Just a couple of more points. I didn't mean to arbitrarily throw out numbers of $3.8 million. We did have a little thought behind that and but even if we cut that back you have 19,000 existing accounts. It is our understanding and we were told that that was $110 a box. The cost of that. If it is $100, then that is still $1.9 million and we were told that there are two employees that now read 19,000 meters. If you add one employee for every whatever 8,000 meters or whatever that is, then that $1.9 million is a long payback and I think that was our point. And the 40 years was also not just a number that we are just throwing at you. It was, you know, you could hire an employee for a long time at $1.9 million to do that. Kubby/So we need to understand there must be some other benefits here to offset that cost. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #10 page 16 Spencer/And we were told that Des Moines has 29,000 accounts on the system presently when we spoke with the- I personally did not speak with this person but Joan spoke with the person from the Water Department. We were told they had 29,000 accounts and that it is a capital expenditure for them. They consider that. The city pays for that. Obviously the account pays for that somehow but it is not a cost that is incurred fight up front like our $70 meter deposit that we have. Nov/It is in their rates? Spencer/Yes. Vanderhoeff That capital cost, was that for new construction and old construction both? Spencer/Yes. Vanderhoef/And what was their policy prior to putting in the boxes? Spencer/I can't answer that. I don't know that. And Cedar Rapids also indicated that they would consider that to be the same. That it would be a cost to the city. Again, obviously, somehow born by the account. Also we would like to thank Ed very much for bringing this all to our attention. He may be sorry by now. Nov/And while you and Joan are here, I assume we are still going to hear something about other construction issues. Joan Tiemeyer/Yes, we had a meeting prior to out membership meeting where we had- Kubby/You need to come to the mic. Nov/Yes, please. Tiemeyer/Mayor Novick, we did have a meeting just prior to our membership meeting before we talked about the water issues to discuss your request to the Homebuilders Association to look at various codes. We probably had 25-30 of our members in attendance. We are now shifting through that material that we received from builders, developers, subcontractors, those types of people to come up with some specific facts to give you and we hope to have that done within the next couple of months. Nov/For the record, this is Joan Tiemeyer from the Homebuilders. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #10 page 17 Tiemeyer/I should have said that. I am sorry, okay, all right. Nov/I have a question I think for Don Yucuis or Steve on recycling. I have a comment from a citizen who had just moved into a new address and found that the recycling bin had been moved out by the former resident and now this person is being told that this recycling bin belongs to the address rather than to the person and she is not being given a recycling bin and the poor dear can't recycle. Yucuis/I believed we have resolved that. Most recently this week and maybe even last Friday changed that policy to replace bins for people who have either lost them or wanted an additional one at our cost. Not at the homeowner cost. So we will provide recycling bins to people that have- unless they have- Well, there are a lot ofunlesses but we are going to lean towards providing a bin to customers out there at no cost to them. Nov/That is a good idea. So a customer such as this who is being charged for recycling can receive a bin because it wasn't le~ there. Yucuis/Any new customer that is coming in is going to be asked if they have a recycling bin. If they don't we are going to give them the name of the contact so that we can centralize the distribution of those bins to new customers and to people that have either lost them or we have had a couple that have blown away in the wind the last couple of weeks, the 3-4 weeks. So, we have just changed that. Norton/You are not encouraging bin use for packing crates, I mean. Atkins/Some of them are disappearing. Nov/Well, we know they are disappearing but I feel it is not truly the fault of this particular person that it disappeared. Atkins/We will see that they are provided a bin so we can encourage recycling. Nov/One last comment before we close the p.h. I want everyone to understand that the billings for March 1, 1997 are going to apply to the water usage in February 1997. That is when the rates are actually increasing. Are there any other comments. P.h is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. FI 11996 November 19, 1996 City of Iowa City Page 9 iTEM NO. 11 ITEM NO. 12 tram NO. .CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOH.NSON COUNTY FOR PARATRANSlT SERVICES DURING THE SECOND SIX MONTHS OF FY97. Comment: A paratransit service contract has been negotiated between the City of Iowa City and Johnson County for the second six months of FY97. The negotiated contract fee is $264,228. This is a decrease from the first six months' figure of $274,998. Staff memorandum included in Council packet. Action: CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD). Comment: This agreement provides for a 80% Federal / 20% City funding split up to a maximum amount in Federal funds of $442,000. This project involves the removal and replacement of existing Melrose Avenue pavement between Hawkins Drive and Byington Road along with the removal and- replacement of sidewalk and the installation of a water main. The preliminary estimated construction cost is $929,000. The local share ,of this project will be funded with Road Use Tax revenues. Action: CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL PROJECT. Comment: This agreement provides for a 80% Federal / 20% City funding split up to a maximum amount in Federal funds of $121,000. This project involves construction of a trail along Willow Creek from US 218 to Mormon Trek Boulevard. The preliminary estimated construction cost is $200,000. The local share of this project will be funded by the General Fund and General Obhgation Bonds. #11 page 1 #11 CONSIDER A RESOLUTION AUTHOPdZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR PARATRANSIT SERVICES DURING THE SECOND SIX MONTHS OF FY97. Nov/Moved by Kubby, seconded by Norton. Discussion. Vanderhoet71 have one comment on page 1 of the agreement. I believe we have a typo on #2, section 2, #2 where is says including June t6, 1996. I believe we need 1997. Woito/Yes. Nov/You are talking about section 2? Woito/Marian can- Vanderhoe17 Service starts January 1, '97 and through and including June, 1996. So it just needs to be '97. It is just a typo. Norton/It was going backwards here. Lehman/A scrivener's error. Nov/Of course, we do have those kinds of things. We have a City Clerk who is very good with white-out. She will fix that. Kubby/That is old technology, Naomi. Karr/Top of the list. Norton/City Clerk is old technology? Nov/Don't you know that old technology works. Let's vote. Roll call- (yes). Okay, we have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. FI 11996 #12 page 1 #12 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD). Nov/Moved by Lehman, seconded by Kubby. Norton/Isn't this a resolution as distinct from an ordinance? Nov/This is a resolution. Woito/First and only. Norton/First and only, right. Nov/Right. Lehman/First and last. Nov/Discussion. Roll call- (yes). We have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 November 19, 1996 City of Iowa City Page 10 iTEM NO. 14. iTEM NO. 15 CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION. Comment: Jeff and Carol Ebinger,'parents, and Eric Ebinger, child, filed a lawsuit in the Johnson County District Court, No. 56035, against the City of Iowa City with regard to injuries sustained by Eric Ebinger on October 17, 1992, as a result of being struck by an automobile in front of his home on Third Avenue in Iowa City, Iowa. During a prior executive session, the City Council authorized the City Attorney to mediate this case and to enter into settlement negotiations with the EbJngers and with the City's excess liability insurance carrier, as in the best interest of the City and the parties involved. This Resolution confirms and ratifies the settlement agreement negotiated by the City Attorney, contingent upon execution of an appropriate release and dismissal of the City from Johnson County District Court case No. 56035, with prejudice. Action= ~/J~-/ :/~ '--'f:~ ANNOUNCEMENT OF VACANCIES. a. Previously Announced 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 sarve 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 Peary.) (1 male and § females currently serve on this commission.) (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.) (5) Planning and Zoning - One vacancy to fill an unexpired term ending May 1, 1998. (Tom Scott resigned.) (3 males and 3 females currently serve on this commission.) (6) Senior Center Commission - Two vacancies to fill three-year terms ending December 31, 1999. (Terms expire for Frieda Shannon and Terri Miller.) (4 males and 2 females currently serve on this commission.) These appointments will be made at the December meeting of the City Council. 3, 1996, November 19, 1996 ITEM 'NO, 16 CITY COUNCIL INFORMATION. City of Iowa City Page 11 ITEM NO. 17 · REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. iTEM NO. 18 b. City Attorney, ADJOURNMEN~T.j //16 page I #16 CITY COUNCIL INFORMATION. Nov/City council information. Mr. Baker, would you like to start? Baker/Oh sure, yeah. I wanted to- I asked Steve this last night under council time but I thought for the public's information he might give us a quick update on the status of the Citizen's Review Board. AtEns/Oh, if all goes well and there is no reason why we shouldn't have another draft and it will be a little more extensive than the last one. I would hope to have that available to you by the end of the week so you can be looking at it next week and it is scheduled for discussion on first meeting in December. Baker/Okay. And when are we scheduled to talk about the memo, I think it was Dale's memo about the graffiti policy. Arkins/Same day. Baker/Same day, all right. Arkins/It would have been on the last work session but it was just to filled. Baker/I wanted to thank you for your letter about the Governor's lax ideas. I have told my students that as much attention as they paid to the national election a week or so ago, that the state election will have a more immediate and dramatic impact on their lives and most of them did not know what happened two weeks ago in the state. So there are potential changes coming out the state legislature that will affect cities and 1 hope that we can talk more about those as they develop. I would suggest that two things: 1-that Legislative Bulletin we get from the Iowa League of Cities. I don't know what your distribution policy is on that but this last one about the question survey about issues and the tax policies in particular. Could you make sure that all the local media get a copy ofthat Legislative Bulletin and a copy of your letter and I am sure that some of them will pick up on this. Kubby/It was a toney letter. Atkins I know that is was a little toney but- Baker/Well, you had that- This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 ,q16 page 2 Arkins/Well, I was told to be toney about it. Baker/Sometimes we feel like a tone and sometimes we don't. So, I think this was appropriate in this particular- Atkins/I am writing another one about the same issue. Baker/Are you going to be toney? Atkins/It won't be as toney now that I know you want to pass it out. Baker/I thought it was a good letter. I think the Iowa State Legislature is potentially going to make life in local municipalities and local governments so difficult that the quality of life in this entire state will be affected and the sooner the public wakes up to that the better. Kubby/Are you trying to scare off candidates or something? Baker/I think Johnson County does a good job of sending usually pretty good people to the State Legislature. And it is the rest of the state that is fallen behind. That is out of our control. Though I do want Dale to follow up on that survey questions to Dick and Minnette. Arkins/Yes. Baker/So if you can get copies of that material to the media. I would like to see what they do. Arkins/Yes, sir. Baker/I am sure radio stations will do a good job with it. The television stations and one of the newspapers will do a real fine job Finally, I want to follow up on our discussion last night about the skywalk. I want us to think seriously about that discussion last night. I am having some misgivings about that. When it comes time for us to make or to sign an agreement about air rights, I want us to be very firm in our expectations on design and control over what can be, what else that skywalk can be used for externally. I know Naomi had some concerns about the height. I have those concerns. I talked to some more people this afternoon. I am uncomfortable saying that the second floor is absolutely the best idea versus the third. I understand the University's position. I think the second floor is probably This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 # 16 page 3 the proper location for it but not if we don't have control over other things involved with it. So, l just want us to be very careful when wc go into that agreement and I am sure we will keep the best interest ofthc city in mind. Kubby/Where is the next Regent's meeting where this is being- I mean, it is this Thursday, right? I don't think it is in 1owa City. Nov/I think it is Cedar Falls. Kubby/It would be nice to have a city person there to say these are some of the concerns, questions that need to be discussed and answered before we could agree to saying yes. Norton/I thought the news reports were a little bit harsh on that. I think it is still a nice thing and we ought to control what can go on it. But I think it is very appropriate and I have no problem. Nov/Needless to say we had a variety of discussion issues last night and I am sure that the Regents will hear that the city council was not entirely supportive. Baker/I think the impression we left them with, the majority was that we were supportive for the general concept, location, height. The general outline of the project. But I don't want them to assume sort of blanket approval on anything that comes down the line and that is just what I was concerned about. And that is all I got. Thank you. Vanderhoeff I appreciate your bringing up the graffiti. One thing that crossed my mind when this came across the desk was- goes hack to a question that I asked awhile back and then it reappeared in the newspaper this week with a photograph of what do we do about cleaning up those flyers that keep getting stapled on. As far as 1 am concerned, that is as much graffiti as some of the other stuff that is getting painted on buildings and detract from the appearance of our d.t. Arkins/Well, I can tell you that if they are in an inappropriate location- I mean ifI walk down, I tear them off. However, there are certain First Amendment issues that we want to be cautious about. I mean I can tell you that as I understand the ordinance, if you post one of these on a utility pole, that is a no no. We can take it off. But we have spots in d.t. that folks are entitled to put those things. Kubby/That is not what you are talking about. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #16 page Vanderhoeff No, I am talking about the poles and then the mess that stays there when they are ripped off. You know, the staples stay, the tags stay and they look- Atkins/Well, I wish I knew what I could do for us on that. I mean, they are everywhere and short of hiring someone to- Kubby/Have some things where they have done random enforcement where they will go one day and talk to the property owners. Arkins/Karen, we do that. We will pull one down and we will call. You know, [fit says somebody is having a soiree or whatever they are promoting, we will call them and say you can't do that and ask them to stop and most folks are pretty cooperative. Oh, I didn't know I couldn't do that. Nov/However, the folks that climb those telephone poles are very concerned about the staples that remain in there and that is a safety issue. Norton/Well, we had a letter from somebody who said they were routinely taken down by a patrolman. Atkins/Oh yeah, we will do that. Vanderhoeff It is the repeats that keep coming back from certain orga~fizations or businesses that bother me that they are there and they know. I know it is difficult. Arkins/It is so difficult to enforce it. Woito/We can try to enforce it but you are going to have to spend some money and time on- Arkins/It is going to take a person down just to be pulling them. Lehman/Dee, you are primarily concerned about the d.t. area I believe. I think perhaps it would behoove us to approach the DTA. There is a trash receptacle in front of my building. There is a pole. It would probably take me all of 30 seconds a day to see to it there are no posters there and we just have not done that. And I think that we have the folks d.t. lie you and I who really don't like these things. But I think that we could police ourselves. We could keep those things offof the posts and the garbage containers or whatever. We have just at this point chosen not to do that. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 //16 page 5 Kubby/You do that for three months, I bet the amount you have to do decreases over time because people will know don't put it on that pole, it is going to be taken down in halfa day. Lehman/I thhzk we should approach the DTA. Norton/That would be a good idea. Vanderhoeff Dee is a DTA member, do it. Norton/Bring them in, turn them in, so we can get a reading on who is putting them up. Lehman/I think Karen is exactly right. If they get torn down the next day, that happens daily, pretty soon they won't go back up. There just won't be near as many. Kubby/What about community service for people? Is there a way to contact some judges? Non-violent victimless crimes to have to take staples out of hard wood. Atkins/The staples. I was thinking more about pulling down. Because there are certain instances where you can leave them up and then you are supervising the person that you want have yank the things down and you end up spending more than- Community service for staple pulling- Norton/Well, there are other kinds of community service I am interested in that we can find the proper hanging judge. Is that what you need? It has been a fairly common technique. Have them come down and clean up at 5:30 in the morning You got to have supervision for them and all of that. Woito/And the poles are the utility companies' property and responsibility. I mean we are not solely responsible for their poles or their spaces. I mean they have some responsibility. Atkins/They certainly could schedule just as part of routine maintenance to send someone down there to clean them up. Woito/That is not our responsibility. Nov/We need a strong magnet. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #16 page 6 Norton/There is another job. Vanderhoeff Well, anyway, it has been noted and I appreciate that. The other thing I noticed in our p~cket and I will thank the Design Review Committee for sort of putting themselves in the categories as to who presently is on the committee and I would just encourage them to look at it that as the membership changes over that the business person doesn't necessarily fall into the architect designer category combination. That we still have someone that is representing a d.t. retailer who has a business. That is it. Lehman/Actually talk about community service. There is just one think I point out and I think it was a rather nice article in the paper about it earlier this week. We had a group of folks from the Oakdale Penitentiary who were d.t., hung lights on the trees, did a magnificent job. Much better than the d.t. merchants have ever done. They were down there for 3-4 days and I talked to one of their- I hate to use the word guard because I did not see any ofthe uniform people even carrying a weapon. But these folks are looking for an opportunity to do community service and this, I think, was a tremendous service for the d.t. folks and I did visit with them and there may be some possibilities for some other things they can do for d.t. or Iowa City, period. So, it was really appreciated by the d.t. merchants and I think probably by the whole community. Norton/How was that arranged? Who did the arranging? Lehman/The DTA. I don't know what individual. Helling/Ann Ashby kind of headed it up and made contact with a person from Oakdale and they figured it out and put it up. Kubby/Did the prisoners get to volunteer to do this or do they get time off? Lelmmn/I think this is volunteer. Norton/They were required to do something. I think there is a component. Lehman/These are basically very non-violent sort of folks. They are model prisoners. These guys, I am sure I would be in the same boat. They would love to get out and do something and this gave them an opportunity to come d.t. and he also told me they were very concerned that they would be heckled by the public. Well, just the opposite was true. They were a fine group ofyoung folks and middle aged tBlks This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #16 page7 and whatever. But the public appreciated what they were doing. I think it was a great experiment. I would love to see us expand on it if we can. Kubby/In doing that I would want to know if people get to choose to be involved in these community service projects or they don't have a choice because that is important to me that basically they are incarcerated people. They have a lot of rules. No matter what their crimes are, that if they don't have a choice about doing this, I don't know that I want to participate in that. If the prisoners have a choice to go out in the community and do some of these things. Lehman/That is their choice. They wanted to do this. Kubby/That is my question. Nov/I believe only some prisoners are allowed to make that choice. If anyone had been accused or convicted rather of a violent crime, they would not be allowed. Lehman/It was their choice. Kubby/But for the people who can make the choice, is it a choice or is it a you are in this category ofprisoner, therefore you are going to help. Lehman/1 think it is a choice. Kubby/Before we expand the program, that would be an important component for me to know about. We had a letter at our last council meeting about some neighbors who had a lot of trees that were filling on top of each other and creating impediment for drainage in Ralston Creek. Just by chance one of them e-mailed me to say did you receive out letter, we haven't received anything back and I thought that we were going to contact. Arkins/We are. I have asked the staff to get together because of the Shamrock Friendship. How does this all fit together and we are going to respond to them. Kubby/So something is coming. Okay, thank you. Norton/I was just going to say that is common property. That is not city property. It is one of those sticky things where it is all communal property there. I went out and This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. Fl11996 #16 page 8 looked at it. It is certainly true. The people have stuff in there but the question of who is going to do it is going to be some kind of neighborhood effort, too, I would think. It should be looked at. Arkins/We owe them an answer and we will get them one. Kubby/Thanks. And 1 wanted to ask Linda some questions about the latest ICON. The titled article, "They Live On a Toxic Waste Site." And there are some very- I mean, I think the article did good investigation and the people who are quoted are very credible people and I guess I am really concerned. I hope people will read it. I am concerned about people's health and is there anything the city should be doing or could be doing to facilitate the studies being done and residents being safe in their rental property? Woito/I don't know. I will look into it. Norton/It is really- Kubby/If you haven't taken a look at it, look at it. I mean the DNR and EPA are involved. Norton/Is that true that nobody has heard about it, Karen, on the city? Nobody in the city has heard about this? Woito/We know that- The Burlington Streel/Gilbert Street intersection there was going to be some changes made to the bridge and because of the coal gasification plant is there. The IDOT knows it is there. They haven't decided what to do about it which is, of course, on the other side. Kubby/When we talked about it it was kind of there is coal tar there, we need to clean it up. But it wasn't in terms of the creek is contaminated. There could be- There are certain fumes that maybe in the apartment buildings and at what level and is it an urgent risk or not and I just- Even though we are not the county department of public health, we are concerned with health, safety, and welfare of the citizens of Iowa City and there are some problems, I guess I would like us to be up to date on those even if we don't have any say in enforcement. But we could be another pressure point from the community to make sure things are moving along as fast as possible to insure the public health. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 #16 page 9 Baker/Karen, I talked to Steve and to Karen Franklin earlier about that and they were both looking into it already about the background and obligations. I think Steve is- I don't want to speak for Steve. Steve, what is your first impression? Atkins/As I understand it, the site had been the location of the old IIG&E maintenance building and prior to that, had been a site of a coal gasification plant. I asked one of our resident old timers about that, that was Chuck. And he explained to me a little bit of the history from his childhood and Linda is correct, at the time the DOT began to do their planning to widen and fix the Ralston Creek Bridge there on Buffington Street they discovered some of these issues. And that caused a postponement in the project. I am not sure where they are on that issue. But to the best of my knowledge, the property was owner by IIG&E. It has changed hands sometime, all through private purchasers. What authority we would have, I don't know, if any. And beyond all that, that is really about all I know about that right now. Kubby/I guess we should be concerned about the people health and the creek health. Baker/I think we are but one of the things that has to be determined and I don't think we determine it is ifthere is a health and safety problem, who is responsible for mitigating that problem and it is going to be between IIG&E or the property owners. Atkins/l would think so. Woito/It will be Superfund. It will be CERCLA. Kubby/I just want us to keep track of it and even though we aren't a direct player, how can we be an indirect player to make sure things are happening as speedily as possible. Provide support to the local entities like the Health Department who might be- Atkinrd I didn't read the article. Has the Health Department taken any official action or position? Woito/I don't know. I just have a copy. I haven't read it. Norton/I have got a copy. I will give it to you. It is a long one. Kubby! Thanks. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 //16 page 10 Norton/I just wanted to comment briefly on a couple of issues. I want to acknowledge the DT Strategy Committee had a forum at the library the other night and a good turn out of people with a fair number of ideas. Some of them diametrically opposed to one and the other but on the other hand there was some consensus on a number of issues and I think people began to get kind of excited about possibilities and I am encouraging people who have ideas about d.t. and any aspect of it to let members of that committee know or let Karin Franklin in the Planning Department know who will pass them on to the committee. Or let any of us know. We will pass them on. And I am sure they will be holding other forums in the fi~ture. It will be well announced. Also I want to assure people that the city is still thinking about coming up with its plan for how to enhance the clean up mid security issues d.t, the short term issues that most of us feel cannot wait very long at all. This includes, of course, graffiti and others. I want to encourage public users and owners and tenants down there, to step up their efforts. We were talking about going out and pulling down some of the signs. I just want to remind everybody that it is a collective responsibility. The d.t. belongs to all of us, it is vital to all of us just as every pan of town. But we all share it and that is the only way to keep it up is to share in some of the efforts down there. And I want to acknowledge in that process that the Chamber and DTA and Monday Forum are groups that are working with the DT Strategy Committee and coming up with various ideas for components of the improvement d.t. and I am very, including signs and a lot of other things. So I am very encouraged and want to encourage people to keep it up. Nov/I noticed that Steve's office has a copy of the d.t. sign. Atkins/Yes. Norton/Oh good. Wonder by, if you like it- I had the press take a picture of it. Norton/Is this the d.t. sign that is going to be on the interstate? Atkins/No, no, no. It is going to be in town. This is the one the Monday Forum likes. Norton/Very good. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 //16 page 11 Nov/This is in town. We don't have any say about what kind of sign they put on the interstate. Norton/Have we picked the colors for this other one? That will be a long debate I am sure. Atkins/Blue- We hope to make it an abbreviated debate. Blue and white which I understand is the preference of Monday Forum and that means it is tourism related. But if some of the folks at IDOT say it should be green and white, which means it is informational. But the Monday Forum evidently doesn't like the green and white. They like the blue and white. So we press ahead with tourism. That is what we called it. Nov/And we could make it turquoise and compromise. Okay, anything else? I just want to let everybody know that I went to a seminar of how universities are dealing with binge drinking and underage drinking and whatever as part of University of Iowa's grant from Robert Johnson Foundation and all I came back with in terms of firm information is that we are not alone. This is a problem that is nation wide and we need to think about what to do about it. So if anybody has any wonderful ideas, let me know. That is it. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 19, 1996. F111996 City Council Work Session Agendas and Meeting Schedule 1996 November 18 7:00 p.m. Monday Regular City Council Work Session - Counc//Chambers Times Are Approximate 7:00 p.m. 7:10 p.m. 7:15 p.m. 7:35 p.m. 7:55 p.m. 8:10 p.m. 8:15 p.m. 8:25 p.m. 8:30 p.m. 8:45 p.m. 9:00 p.m. Review Zoning Matters Planning and Zoning Pending List University Biology Building Pedestrian Bridge Proposal Butler House Project Update Capital Improvement Projects First Avenue Extended Project Traffic Calming Paratransit Agreement Water/VVastewater Rates Deer Hunt Council Agenda, Council Time LNo. vember 19 6:30 p.m. Special Formal City Council Meeting - Council Chambers Tuesday INovember 28-29 Thursday and Friday CiTY ADMINISTRATIVE OFFICES CLOSED - THANKSGIVING HOLIDAY I D.ecember 2 Monday 7:00 p.m. Regular City Council Work Session - Council Chambers December 3 7:00 p.m. Regular Formal City Council Meeting - Council Chambers Tuesday IDacember 4 5:45 p.m. Wednesday Special City Council Work Session - Joint Meeting with Johnson County Board of Supervisors - Council Chambers December 9 5:00 p.m. - 7:00 p.m. Monday Special City Council Work Session - Joint Meeting with Library Board - Council Chambers Dece_rnber 16 7:00 p.m. Regular City Council Work Session - Council Chambers Monday L D_ecember 1 7 7:00 p,m. Tuesday Regular Formal City Council Meeting - Council Chambers