HomeMy WebLinkAbout1995-05-09 AgendaIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF MAY 9, 1995
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
ITEM NO. 1 -
ITEM NO. 2 -
ITEM NO. 3 -
ITEM NO. 4-
AGENDA
10WA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - MAY 9, 1995
7:30 P.IVl.
COUNCIL CHAMBERS
CALL TO ORDER.
ROLLCALL.
SPECIAL PRESENTATIONS.
Presentation of Citizenship Awards to students from Irving B, ~"~
Elementary School:
(1) Adam Kinney
(2) Sarah Maktabi
(3) Joanna Malott
(4) Grant Schulte
MAYOR'S PROCLAMATIONS.
a. School Board Member Recognition Week- May 7-13, 1995,
b, Tourism Awareness Week- May 7-13, 1995,
c, Iowa City Dandelion Week - May 6-13, 1995,
d, Drinking Water Week - May 7-13, 1995,
e. A Day of Honor for Bethel African Methodist Episcopal Church - May 12,
1995.
-f. Senior Center Week- May 14-21, 1995,
g. Salvation Army Week - May 15-21, 1995.
h. Public Works Week - May 21-27, 1995,
i, B-BOPS Week - May 15-20, 1995,
Historic Preservation Week- May 14-20, 1995.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
Approval of Official Actions of the regular meeting of April 25, 1995,
and the special meeting of April 24, 1995, as published, subject to
corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Planning and Zoning Commission meeting of April 20, 1995.
(2) Historic Preservation Commission meeting of March 14, 1995.
13) Board of Appeals meeting of March 13, 1995.
(Zl) Board of Appeals meeting of April 3, 1995.
(5) Board of Adjustment meeting of April 12, 1995,
#3f. page 1
ITEM NO. $ - MAYOR'S PROeLaTIONS.
f. Senior Center Week - May 14-21, 1995.
Horow/ (Reads proclamation). Is there someone here to accept this?
Kubby/ Kind of looks like there might be someone from the Senior
Center.
Horow/ The balloons and T-shirts. I mean is this a profess or what.
Pigott/ Can't miss you.
Horow/ There you go. Congratulations. You have something to
comment?
Frieda Shannon/ We would like to present balloons for the child in
all of us no matter what our age.
Throg/ Does Steve get one, too?
Shannon/ As you receive the balloons to add to the festivities of
what is going on next week, we would like to remind you that
on Sunday we are going to have a special meal and each mother
will be getting a flower. On Monday we will have outdoor
activities as well as health. On Tuesday we will have Voices
of Experience playing or singing at the Ped Mall and also we
will have an Open House for all the service agencies within
our building. On Wednesday we are going to have an
international panel of students who will tell us how their old
folks are taken care of in their country and on Thursday we
are going to have a style show. We will have the pool awards
and the Swing Timers will be playing at the Ped Mall and then
on Friday the Standing Room Only Players will be giving a skit
on what it is like to be old and we will be having some take
offs on George Burn's book, What It Is Like To Be 100. I
invite you all to come to any or all of these activities.
Thank you.
Meisel/ And our final part is since usually we appear and ask you
for something, we are here to give you something. I know, I
know, don't all die of shock. Well, remember last year we came
up with this design for our T-shirts and you graciously sent
me, as a delegate representing Iowa to the National Institute
of Senior Center for 6 years and when they needed a logo for
Senior Center Week I suggested ours and since it was a bargain
they could not refuse they accepted it and so the poster this
year and the next two years will be our logo and not only will
Thisrepresents only areasonably accuratetranscrlptlonofthelowa CI~ coundl meeting of May 9,1995,
F050995
#3f.
page 2
it be in every senior center across the country and to
everyone they give it to but on the side as part of the deal
it says designed by Judith Waterman of Watermark Studio for
Iowa City Johnson County Senior Center.
Pigott/ Great.
Meisel/ (Can't hear).
Horow/ They will remember you at budget time.
It is very very nice.
Thank you very much.
Throg/ So we have been given a new way of voting. No is down. Yes
is up.
Pigott/ It is really simple. That way you don't have to utter a
word.
Horow/ You make my life. You really really do.
Thisrepresents only areasonebly accuratetranscription ofthelowa CIw coun~l meetingofMeyg, 1995.
F050995
#3j. page 1
ITEM NO. 3 - ~AYOR~S PROCLAMATIONS.
j. Historic Preservation Week - May 14-20, 1995.
Horow/ (Reads proclamation). Would you like to accept this, please?
Thank you.
Michael Pugh/ I just want to take a minute to invite everyone to
the Historic Preservation Awards Program which is a program
that is put together by both the Iowa City and Johnson County
Historic Preservation Commissions with help from the Friends
of Historic Preservation and also the Johnson County
Historical Society. It's a program where we give awards for
preservation efforts and the categories are residential
rehabilitation or construction. And also we give awards,
painting awards, exterior painting awards and this program is
being held May 17 at the Johns County Court House in the main
court room which is on the third floor of the Court House. It
begins as a reception at 4:45 in the afternoon with
refreshments. The program actually starts at 5:15. It is free
of charge. Everyone is welcome to attend. We encourage you to
attend and we hope to see you there.
Horow/ Thank you very much.
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
#3e. page
ITEM
3 - MAYOR'S PROCL;~fATIONS.
A Day of Honor for Bethel African Methodist Episcopal
Church - May 12, 1995.
Horow/ The next proclamation is a very special one. It is very
interesting for the City of Iowa City and I think for all of
us. (Reads proclamation). I would like you to accept this
please.
Dianna Penny /I feel honored to receive this from the city council
of Iowa City and as Chairperson of the 127th Anniversary
Committee I just want to announce that to celebrate we will be
having a banquet at the Highlander Inn at 7:00 PM on Friday,
May 12 and the featured speaker will be our bishop the
Reverend James Hascal Mayo, presiding Bishop of the Fourth
Episcopal District of which Iowa City, Iowa is a part. And I
want to introduce my Pastor, Rev. Willie W. Clemons and his
wife, Alice Clemons.
Horow/ Thank you for being here. We appreciate this. Thank you for
coming.
This represents only a reasonably accurate transcription of the Iowe City council meeting of May 9, 1995.
F050995
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 2
c. Permit Motions and Resolutions as Recommended by the City Clerk,
(1)
Consider a motion approving a Class "C" Liquor License for
Fitzpatrick's Alehouse, Inc., dba Fitzpatrick's, 525 S. Gilbert St.
(Renewal)
(2)
Consider a motion approving a Class "C" Liquor License for
Pershell Corp., dba Colonial Lanes, 2253 Old Highway 218 S.
(Renewal)
(3)
Consider a motion approving an Outdoor Service Area for Deerport
Hospitality Group, Inc,, dba Holiday Inn Iowa City, 210 S.
.. Dubuque St. {New)
(4) Consider a resolution issuing Dancing Permit to Deadwood, 6 S.
Resolutions.
(1)
CONSIDER A RESOLUTION AUTHORIZING APPLICATION FOR
1995 COMPREHENSIVE IMPROVEMENTS ASSISTANCE PRO-
GRAM (CLAP).
Comment: A Notice of Funding Availability for Fiscal Year (FY)
1995 was published in the Federal Register on March 27, 1995.
The Iowa City Housing Authority proposes to apply for these funds
to use for replacement of items (e.g. furnaces, siding, roof,
refrigerators, etc.) in the Public Housing units that have or are
about to reach the end of their useful life, and to upgrade the
outdated computers in the Iowa City Housing Authority office. The
Public Housing Authority is applying for approximately 9315,000.
(2)
CONSIDER A RESOLUTION FINDING THE NECESSITY TO INSTI-
TUTE EMERGENCY PROCEEDINGS, AND APPROVING AND
RATIFYING PAYMENT AND ACCEPTING THE WORK FOR AN
EMERGENCY SANITARY SEWER PROJECT AT GRANTWOQD
DRIVE,
Comment: This resolution and the next three resolutions provide
for an after-the-fact authorization and acceptance of the emergen-
cy reconstruction and/or repair of sanitary sewers that collapsed
during the flood of 1993, This action is required by state code for
all emergency repairs exceeding 925,000, All of the work is
completed as certified by the City Engineer,
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 3
~£-/o I
(3)
CONSIDER A RESOLUTION FINDING THE NECESSITY TO INSTI-
TUTE EMERGENCY PROCEEDINGS, AND APPROVING AND
RATIFYING PAYMENT AND ACCEPTING THE WORK FOR AN
EMERGENCY SANITARY SEWER PROJECT AT THE INTERSEC-
TION OF BRIAR DRIVE AND PEPPER DRIVE.
Comment: Please see above.
14)
CONSIDER A RESOLUTION FINDING THE NECESSITY TO INSTI-
TUTE EMERGENCY PROCEEDINGS, AND APPROVING AND
RATIFYING PAYMENT AND ACCEPTING THE WORK FOR AN
EMERGENCY SANITARY SEWER PROJECT AT THE INTERSEC-
TION OF HAZEl. COURT AND PEPPER DRIVE.
Comment: Please see above.
(5)
CONSIDER A RESOLUTION FINDING THE NECESSITY TO INSTI-
TUTE EMERGENCY PROCEEDINGS, AND APPROVING AND
RATIFYING PAYMENT AND ACCEPTING THE WORK FOR AN
EMERGENCY SANITARY SEWER PROJECT ON BENTON STREET
IMMEDIATELY WEST OF THE IOWA RIVER.
Comment: Please see above.
(6)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING A PROMISSORY NOTE AND MORTGAGE FOR
PROPERTY LOCATED AT 431 OAKLAND AVENUE, IOWA CITY,
IOWA.
Comment: The owner of the property located at 431 Oakland
Avenue received rehabilitation assistance through CDBG funds on
June 1, 1989. The financing was in the form of a 3% five year
Promissory Note and Mortgage for 93,000. The loan was paid off
on January 5, 1995, thus the lien can now be released.
e. Correspondence.
(1) Letter from Senator Mary Neuhauser in reply to a letter regarding
the Death Penalty legislation.
(2) Letters regarding the SEATS contract from:
(a) Betty J. Stevens.
(b) Aletta Boeke (signed by 61 petitioners- signatures are on file
in the City Clerk's office).
(3) Letter from David Keil cf Regina Preschool with attached letter
from Jessica Feverbarn regarding water pollution,
City of Iowa City
MEMORANDUM
To:
From:
Date:
Mayor, City Council and General Public
City Clerk
May 8, 1-995
Addition/Correction to the Consent Calendar
Item No,4c(4)
Item No.4c(5)
Consider a resolution issuing Dancing Permit to Deadwood, 6 S.
Dubuque St. and Gunnerz, 123 E. Washington St.
Consider a motion approving a Class C Liquor License for Gunnerz, 123
E. Washington St.
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 4
(4) Letter from the Melrose Avenue Neighborhood Association
regarding the Melrose Avenue and Bridge Project.
(5) Letter from Curt and Nancy Skay regarding the Yeggy property on
St. Anne's Drive.
(6) Memoranda from the Traffic Engineer regarding:
(a) Parking prohibition on the West Side of the 500 block of
South Linn Street.
(b) Parking prohibition on the east side of Lakeside Drive.
f. Applications for Use of Streets and Public Grounds.
(1)
Application from Iowa Chapter of Cystic Fibrosis Foundation to
have the Great Strides 1995 Walk-a-thon on Iowa City streets on
May 21, 1995. (approved)
(2)
Application from Diane Denneny, Activities Therapy Department
of The University of Iowa Hospitals and Clinics, for the use of
public streets for the Ronald McDonald House Race on May 6,
1995. (approved)
(3)
Application from Caroline Yocum for the use of public sidewalks
for the Home and Family Care Walkathon on June 24, 1995, (ap-
proved)
(4)
Application from the American Legion Auxiliary to offer poppies for
donations on public sidewalks on May 19 and 20, 1995. (ap-
proved)
(5)
Application from New Pioneer Food Co-op to close Van Buren
Street from the alley to Washington Street on April 30, 1995, for
the Cinco de Mayo Fiesta. (approved)
(6)
Application from The Salvation Army for the use of public
sidewalks for Bell Ringers to commemorate National Salvation
Army Week on May 17, 19 and 20, 1995. (approved)
(7) Application from the American Heart Association for the use of
public streets on May 20, 1995, for the Heart Ride. (approved)
(8)
Application from Patricia Van Eck for the use of Park Road Bridge
and Oakland Cemetery for the Memorial Day services on May 29,
1995. (approved)
(9)
Application from Brett Beemyn for the use of public streets for the
Lesbian, Gay, Bisexual and Transgender Pride Parade on June 17,
1995. (approved)
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 5
(10)
Application from the Downtown Association for the use of the
parking lot adjacent to the Holiday Inn and for space on the City
Plaza for Family Fun Day, May 27, 1995. (approved)
g. APPLICATIONS FOR CITY PLAZA USE PERMITS.
Applications from Jacqueline Gharib for permission to set up a
table on April 26 and 27, 1995, for the purpose of distributing
literature and offering crafts for donations. (approved)
(2)
Application from Douglas Anderson for the use of the stage area
for a rally in opposition to the "Contract with America" on May 6,
1995. (approved)
ITEM NO, 5 -
(3) Application from Jacqueline Gharib for permission to set up a table
on May 2, 3, 11, 12 and 13, 1995, for the purpose of distributing
literature and offering crafts for donations. (approved)
END OF CONSENT CALENDAR
PUBLIC DISCUSSION (ITEMS [~IOT ON THE AGENDA).
ITEiV] NO. 6 -
PLANNING AND ZONING MATTERS.
Consider setting a public hearing for May 23, 1995, on an amendment
to the Comprehensive Plan to adopt "IOWA CITY: BEYOND 2000 --
Iowa City's Vision for the Future."
Comment: At its meeting of April 20, 1995, the Planning and Zoning
Commission recommended, by a vote of 5-0, adoption of "IOWA CITY:
BEYOND 2000" as an amendment to the Iowa City Comprehensive Plan.
"IOWA CITY: BEYOND 2000" is a statement reflecting the vision 80
Iowa Citians hold for our City in the next century. This statement was
reviewed by seven of Iowa City's citizen boards and commissions prior
to the final recommendation by the Planning and Zoning Commission.
Action:
#5 page
ITEM NO. 5 - PUBLIC DISCUSSION (ITEMS NOT ON THE APENDA).
Horow/ Public Discussion. This is a time for those people who wish
to address council about items that are not on the agenda to
come forward. Please state your name, sign in and limit your
comments to five minutes. We encourage you to do so.
Jordan Saturen/ I am an avid Iowa City pedestrian. I like walking
around here. It has come to my attention in the time that I
have lived here and I am also a taxi driver that there is one
situation that is pretty unsafe and that is living in this
area where there are a lot of students. People park right up
to the corners. When you come to cross a street or make a turn
in order to see oncoming traffic you often have to actually
get in line with the traffic. So, what I would like to do is
make a proposal. I don't know how this works. But that over
the summer while students are gone we paint yellow no parking
zones 20 feet back from all of the corners. If there is any
more I can do to be pushing on this.
Horow/ We appreciate that. I have noticed that myself. It is very
difficult to get out around corners. Let us work on this.
Thank you very much.
Kubby/ And we certainly do that in a lot of places where you will
see no parking here to corner and I think it is usually 15
feet back from the corner. And I know especially on the
corners right where you live on Washington and Lucas it is
very very- Especially because there is a hill as well makes
it-
Pigott/ And I live in that neighborhood.
Saturen/ I have watched pedestrians, too, with trepidation as they
try to cross around Dodge Street. It is real scary there. Do
I sign this.
Horow/ No, that is someone's proclamation. Who's is it? What does
it say?
Saturen/ Senior Center Week.
Horow/ Would you give that to Ms. Franklin, please? Right.
Kubby/ Thanks, Jordan.
Horow/ Anyone else care to address council about any issue?
Thisrepresents only a reasonably accurate transcription oftbelows Ci~council meeting ~ May 9,1995.
F050995
#5 page 2
Kubby/ Just refer that to Traffic Engineer?
Horow/ Steve, could you please ask Jim Brachtel to look-
Atkins/ If you leave your name and your address there and we will
contact you and let you know.
Saturen/ Okay. Thank you.
Ben Kemp/ This is not on the agenda. My name is Ben Kemp and I am
here to address about my civil rights and my daughter's civil
rights has been violated. I have been in a silent protest
about this few months ago and I haven't gotten anywhere and I
would like to have this case reviewed because they have took
her without a reasonable thought as it says in the court and
the law books and this happened. They tried me on a charge
when I was found not guilty and when I went to go get my
little girl, when I placed her in temporary custody of my
family, they took her away and I didn't not see no warrant and
I have wrote. A friend of mine, Thomas Hess, his father is a
minister and have been ministers for many generations and
every Senator and every Governor, even the President of the
United States has been wrote about this.
Kubby/ So Ben, your daughter was in temporary foster care?
Kemp/ Yes. No, because she was with me and then when the charge
came on me I placed her in temporary custody with my family.
Three hours later there was a warrant to grab her. A warrant
I never seen.
Horow/ Have you come to talk to our Human Rights Coordinator,
Heather Shank, here at the Civic Center?
Kemp/ I have talked to many people and I have always been shut
down.
Horow/ Our ability to assist you right now is very limited.
Kemp/ Okay, I guess what I am trying to say here is that there is
rights are being tooken away for no reason and I want this to
be addressed very good in this town because her civil rights
have been violated as much as mine. This is a child, my child.
Horow/ Sarah, can you take this material from this gentleman and
get back to him tomorrow?
Thlsrepresontsonly 8rcasonably accuratetranscription ofthelowa CI~ council meeting of May9,1995.
F050995
#5 page 3
Holecek/ Certainly. What we will do is take a look at what you
have, what your materials are. From there we will either refer
you to the appropriate agency of give you some assistance in
that matter.
Horow/ Okay.
Kemp/ Okay.
Horow/ Thank you. Is there anyone else that would care to address
council about any other issue?
Kemp/ Thank you.
Pigott/ Thank you for coming.
This ropresents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
#6a page i
ITEM NO. $a.
Consider setting a public hearing for May 23, 1995,
on an amendment to the Comprehensive Plan to adopt
"IOWA CITY: BEYOND 2000 -- Iowa City's vision for
the Future."
Horow/ Moved by Pigott, seconded by Throg. Comments? I would ask
our citizens to be aware of this May 23rd meeting and please
come forward to the p.h. This is an exciting document. This
really tells us and assists us in terms of setting the future
for Iowa City and we urge you to get a hold of it at the
Library here and come to the public meeting on May 23.
Throg/ Sue, it might be worth noting that there was really an
extensive process of public involvement in this and I don't
know, I guess I don't normally make extensive comment about
how great we have done on that. But boy, we sure have done a
terrific job on this and I think Karin Franklin deserves a
great deal of praise along with Steve Arkins. After all, he is
her boss. But I really mean that. You have done a terrific
job. It has been a huge amount of public involvement. It is
very good.
Pigott/ Yeah, it has been terrific.
Horow/ Okay, any other comments?
saying aye (ayes).
All those in favor signify by
Thisrepresents only areasonab[y accurate ~ansc~ptlon of the Iowa CRy coun~l meeting of May 9, 1995.
F050995
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 6
Public hearing on an ordinance conditionally amending the use regula-
tions of an approximate 1.63 acre lot located on the west side of
Waterfront Drive, approximately 140 feet north of Stevens Drive from
CC-2, Community Commercial, to C1-1, Intensive Commercial. (REZ95-
0004)
Comment; At its April 6, 1995, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of a rezoning
application submitted by Boyd & Rummelhart, Inc., subject to screening
of any outdoor storage areas. The Commission's recommendation is
consistent with the staff recommendation contained in the staff report
dated April 6, 1995. In a letter dated March 16, 1995, expedited
consideration of this item was requested by John R. Rummelhart, Jr.
Action'.
Consideration of an ordinance amending City Code Title 14, Chapter 6,
entitled "Zoning," Article N, entitled, "Off Street Parking and Loading,"
to reduce the amount of required off-street parking spaces and amend
the parking area design standards in the CN-1, Neighborhood Commer-
cial zone. (Second consideration)
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended adoption of ordinance
amendments to reduce the amount of off-street parking spaces required
in the CN-1 zone. The Commission's recommendation is consistent with
the staff recommendation contained in the staff report dated March 2,
1995. No comments were received at the April 11 public hearing on
this item.
Action:
Consideration of an ordinance conditionally amending the use regulations
of approximately 34.21 acres located west of Taft Avenue along Court
Street extended from RS-5, Low Density Single-Family Residential, to
CN-1, Neighborhood Commercial (6.93 acres), RM-12, Low Density
Multi-Family Residential (12 acres), and RS-8, Medium Density Single-
Family Residential (8.14 and 7.14 acres). (REZ94-0016) (Second
consideration)
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of a rezoning
application submitted by Windsor Ridge Development Company, subject
to certain conditions. The Commission's recommendation is consistent
with the staff recommendation contained in the staff report dated
February 16, 1995. No comments were received at the April 11, 1995,
public hearing on this item.
#6b page 1
ITEM NO. 6b.
Public hearing on an ordinance conditionally
amending the use regulations of an approximate 1.63
acre lot located on the west side of Waterfront
Drive, approximately 140 feet north of Stevens
Drive from CC-2, Community Commercial, to CI-1,
Intensive Commercial. (REZ95-0004)
Horow/ Declare the p.h. open. I would ask you to step to the
podium, sign in, state your name and please keep your comments
to no more than five minutes.
John Rummelhart/ Good evening. Will be sure to keep it under five.
I see you now got a clock. Probably put there just in my
honor, right?
Throg/ Plus you go some more practice yesterday afternoon.
Rummelhart/ Yeah, getting better all of the time. Just a couple of
things. Hoping that our request is a legitimate request. The
direction of things I think we want. We are hoping that our
operation at Contractor,s Tool has been down in that neck of
the woods for a long time. I think we are due for a face lift
which we are working hard on trying to do. We, unfortunately,
do have some outside materials, some plastic piping. We are
trying to get rid of our cast iron stuff. We want it to be
cleaned up. We don't want a junk yard down there ourselves.
Want to cater more to the retail operation. One thing, this is
just food for thought. I certainly don't want to upset
anybody's apple cart. But at least my old zoning book I am
still looking off of. The contingency is on the screening
which I am not really wanting to argue about. But along that
vein at least in the sections I am currently looking at in our
City zoning book. Under the Screening Section, the focus, at
least in the book. Correct me because I don't have a current
updated zoning book. The focus that I see seems to be between
commercial zones, generic, being screened from residential
uses, public uses, park uses, schools and as such. They don't
come out and mention things about screening between commercial
zones and other commercial zones. That is the first point. And
also under the CI-1 classification, which we are requesting,
again, the last sentence under the little heading there- I
won't quote this verbatim but is in regards to the special
attention must be directed towards buffering the negative
aspects of the uses upon, again, quote "residential uses." It
doesn't mention commercial uses to commercial uses and our
request is a change between two commercial uses and it is all
commercial uses down in that area and I can, I see both sides
Thisrepresents only a reasonably accurate ~anscrlptlon ofthelowa CIW council meeting of May 9,1995,
F050995
#6b page 2
of the fence. I don't know what point the intent of what I see
in the regulations if that is in targeted in the conditional
screening that the staff has recommended.
Horow/ Thank you, John.
Pigott/ John, could I just ask a question.
Rummelhart/ Sure.
Pigott/ Do you know the type of screening that you are planning to
use?
Rummelhart/ Well, you know I was just looking at that regulation
and I don't know. I think that will actually be discussed with
the city staff.
Pigott/ It has not been determined yet?
Rummelhart/ Right.
Pigott/ Thanks.
Rummelhart/ I think we try to strike a meeting there. Thank you.
Horow/ Thank you, John. Anyone else care to address council on this
issue? Are all the conditions signed? Okay. Is anyone
interested-
Kubby/ The first consideration isn't on our agenda so we can't.
Horow/ Okay, declare the p.h. closed.
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 7
Consider an ordinance establishing the Moffitt Cottage Historic District
for property located between Muscatine Avenue and Ralston Creek,
north of Court Street. (Pass and adopt)
Comment: At its February 16, 1995, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of an ordinance
designating the Moffitt Cottage Historic District as an Iowa City Historic
District. The CommissioNs recommendation is consistent with the
Historic Preservation Commission's recommendation. Comments were
received at the Council's March 28, 1995, public hearing on this item.
Action: ~.//~-'~ p ~-~
Consider a letter to the Johnson County Board of Supervisors recom-
mending approval of an application submitted by Celeste Holloway and
Tom Bockenstedt to fezone 1.99 acres of a 10.6 acre tract from A1,
Rural, to RS, Suburban Residential, for property located in the southeast
quadrant of Rapid Creek Road NE and Lynden Heights Road NE in Fringe
Area 4. (CZ9513)
ITEM NO. 7 -
Comment: At its April 20, 1995, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended that the City Council
forward a comment to the Johnson County Board of Supervisors finding
that the request to fezone 1.99 acres of the subject 10.6 acre parcel is
consistent with the mutually agreed upon Fringe Area Policy for Area
and recommending approval of the requested rezoning. The
CommissioNs recommendation is consistent with the staff recommenda-
tion contained in the staff memorandum dated April 20, 199§.
Action:
PUBLIC HEARING ON AMENDED 1993 SUPPLEMENTAL COMMUNITYd
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT AND
BUDGET.
Comment: This public hearing is to receive citizen input on the City of Iowa
City's amended 1993 Supplemental CDBG Program Statement and Budget
(floocl budget). At its meeting on April 19, 1995, the Committee on
Community Needs recommended the reallocation of funds from Acquisition
to Housing Rehabilitation and Clearance/Demolition Activities which was the
actual use of these funds.
Action: ~'~ ~-~/E~" ~_~-~-~r.~_~,~
#6f page 1
ITEM NO. 6f.
consider a letter to the Johnson County Board of
Supervisors recommending approval of an application
submitted by Celeste Holloway and Tom Bockenstedt
to fezone 1.99 acres of a 10.6 acre tract from A1,
Rural, to RS, Suburban Residential, for property
located in the southeast quadrant of Rapid Creek
Road NE and Lynden Heights Road NE in Fringe Area
4. (CZ9513)
Horow/ Moved by Pigott, seconded by Nov. Any discussion?
Kubby/ Naomi, will you repeat your suggestion that you made last
night. I think people should hear that.
Nov/ Okay. I suggested that this planned demolition of an older
home be reconsidered if the home is movable and the city staff
will contact the people and see if the home can be moved or if
not, can we salvage part of it for the Salvage Barn.
Horow/ Great.
Pigott/ I think it is a great suggestion.
Horow/ All right. All those in favor signify by saying aye (ayes).
Thank you.
Thisrepresents only a reasonably accumtstranscdpfion oftbelows Ci~ counctl mss~ng ~ May g, 1995.
F050995
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 8
ITEM NO. 8 -
75-./o5
CONSIDER A RESOLUTION AUTHORIZING AND APPROVING AN AMENDED
1993 SUPPLEMENTALCOMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)
PROGRAM STATEMENT AND BUDGET,
ITEM NO. 9 -
Comment: See comment above.
Action: .~./,.~.//~)~
PUBLIC HEARING ON AMENDED 1994 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM STATEMENT AND BUDGET.
Comment: This public hearing is to receive citizen input on the City of Iowa
City's 1994 amended CDBG Program Statement and Budget. The Committee
on Community Needs recommended the reallocation of funds.
Action: '~ ~-'~ ~~_~
ITEM NO. 10 - CONSIDER A RESOLUTION AUTHORIZING AND APPROVING AN AMENDED
1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
STATEMENT AND BUDGET.
Comment: See item above.
ct,on=
ITEM NO. 11 - PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 5-E
ENTITLED "BUILDING AND HOUSING" CITY CODE BY REVISING ARTICLE
E ENTITLED "HOUSING CODE" TO ENHANCE THE LIFE SAFETY PROVI-
SIONS FOR EXISTING RENTAL HOUSING.
Comment: The proposed amendments to the Housing Code were initiated by
the Housing Inspection staff and the Fire Marshal. They have been
unanimously recommended by the Housing Commission. The amendments
are intended to enhance the life safety provisions of the Iowa City Housing
Code.
Action:
#10 page 1
ITEM NO. 10 -
CONSIDER A RESOLUTION AUTHORIZING AND APPROVING AN
AMENDED 1994 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGR~/~ STATEMENT AND BUDGET.
Horow/ Moved by Kubby, seconded by Pigott. Any discussion?
Nov/
I have a question. I read the resolution saying that some
$70,000 was counted twice. Once in funds received and once in
funds expended. That doesn't seem to me to be counted twice.
Can you explain how that works?
Franklin/ Well, I think so. In the sources of funds if you have the
budget before you, there are two entries. One is the 1993
Program Income Housing Rehab and the other is 1993 Other
Program Income. The $70,000 was counted in both of those
figures and it should only have been in the $204,000 figure.
It then was, because it showed up that we had $70,000 more, it
went into the City of Iowa City Housing Rehab Program in terms
of an expenditure. So, what has happened is we have taken it
out of the source of funds out of Rehab and taken it all out
of the expenditures of funds so it is washed out.
Horow/ Thank you, Karin. Any further discussion. Roll call- (yes).
The resolution is adopted.
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
#11 page 1
ITEM NO. 11 -
PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14~
CHAPTER 5-E ENTITLED "BUILDING AND KOUSING" CITY
CODE BY REVISING ARTICLE E ENTITLED "HOUSING CODE"
TO ENHANCE THE LIFE GAFETY PROVISIONS FOR EXISTING
RENTAL HOUSING.
Horow/ Declare the p.h. open.
Nov/ Do we have somebody here from Housing?
Horow/ Yes.
Anna
Buss/ 525 W. Benton Street and I am also a member of the
Landlord,s Association in Iowa City and we were just sort of
made aware of these recently and apparently at our meeting
where the inspectors came and spoke we were not aware that
these were things that were going to be coming before the city
as soon as they did. We would like to suggest that before you
take a vote on this that you give us a little bit more time to
look these over because a lot of our membership did not
realize that these are things that were coming up and we did
have a few questions and we would like to go over them with
you maybe at a later date if that would be possible. So we
would like to recommend that you kind of wait on this a little
bit.
Pigott/ So, you would like us to continue the p.h., Anna?
Buss/ Yeah, if you would please.
Pigott/ Because we are not voting on this tonight. It is just a
p.h. tonight.
Buss/ We would like to see if you would continue the p.h. so that
we can notify a few more people to look at this.
Horow/ Would two weeks be sufficient, Anna?
Buss/ That would be wonderful.
Horow/ That would be the 23rd.
Buss/ We would appreciate that.
Throg/ You know, even if Anna hadn't suggested that, I think I
would have because we haven't talked about this and I don't
really quite understand what is all involved and we need to
Thisrepresents only araasonably accurate transcription ofthe Iowa Ci~ coundl meeting of May 9, 1995.
F050995
#11 page 2
hear.
CHANGE TAPE TO REEL 95-64 SIDE 2
Nov/ I would like to know why every room needs a window except the
kitchen? Does this make sense to somebody here?
Gary
Klinefelder/ Since I haven't been introduced to everybody, my
name is Gary Klinefelder. I am the Senior Housing Inspector.
Would you like me to try to answer your specific question why
a kitchen does not need a window. I don't know. The
requirement for a kitchen seems to have something to do with
cooking. You either have to have an openable window or
mechanical ventilation to exhaust fumes when you are cooking.
That is part of the Building Code and for the most part the
Housing Code reflscts the Building Code.
Nov/
Maybe I missed it but I didn't see anything here about
mechanical ventilation in the kitchen. And it is always been
my experience that if the bathroom doesn't have a window it
requires a fan and I never seen anything that said a kitchen
didn't need a window.
Klinefelder/ That is in the Housing Code already.
Nov/ That is in there? Okay.
Klinefelder/ Yes.
Nov/ I will read it again.
Kubby/ I think it doesn't need a window because when apartment
buildings are built you want to have a lot of your electrical
and plumbing on the inside wall so you can efficiently build
your apartment building. That is why it doesn't have to have
it on the inside.
Klinefelder/ I would suggest that it was probably a builder
influenced code rule. So-
Kubby/ I have another specific question and it is about deadbolts.
I don't understand this at all on page 2 about double cylinder
deadbolts may not be used on doors located in the habitable
areas or on any exit door.
Klinefelder/ Okay. A double cylinder deadbolt means that you have
to use a key to activate it from either side and the problem
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
page 3
with that is that if you don't have the key with you and you
need to get out in a panic, you are stuck. You cannot open the
door.
Kubby/ Okay. So from the inside as well as the-
Klinefelder/ Right. So the solution to that is what is called a
single cylinder deadbolt which the key activates the outside
and a thumb turn is on the inside.
Kubby/ Thank you.
Horow/ All right. Anyone else care to address council in the p.h.?
Kubby/ I guess I have a request of staff and the Apartment Builders
Association. We are always talking about affordable housing
and it is important that we keep our safety codes with current
technology, current research about what works, what makes
people safe in rental housing. But we also need to look at how
much it is costing. What are we getting for what it costs and
that being passed on to tenants. So I guess from our
viewpoint, from the city I want to know how much degree of
safety, I don't need to know that tonight but in the next two
weeks. How important are these things? Are there certain
things that are more important than others in here? I would
like to hear from tenants and from people who manage and own
properties. How much are some of these things going to cost
and how does that translate into the increase in rent? I want
to balance those issues.
Klinefelder/ I would just ask since, understand you're postponing
or continuing this, that I was prepared to go over some of
these. But if you would like to do that at a later date.
Throg/ I would rather do that at a work session.
Horow/ That would be good.
Pigott/ Maybe we can do that next Monday.
Horow/ Right now? What is council's pleasure.
right now or in a work session?
You want to do it
Pigott/ Work session.
Kubby/ When we continue the p.h. can we also put the item on the
agenda next time so if we choose to to, we can vote on it. We
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
1:050995
#11 page 4
can always defer if we have continued questions.
Horow/ Moved by Pigott, seconded by Kubby to continue the p.h. to
May 23 Any further discussion. All those in favor signify by
saying aye (ayes). Thank you.
This represents only a reasonsbly accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 9
ITEM NO. 12 - PUBLIC HEARING ON AMENDING THE CURRENT FY95 BUDGET.
Comment: This public hearing is being held to receive public comment for or
against the proposed FY95 budget amendment. The amendment includes
both the Operating and Capital Project budgets.
Action:
ITEM NO, 13 - CONSIDER A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE
q5- /t)q FISCAL YEAR ENDING JUNE 30, 1995.
Comment: After all comments have been received and considered from the
public hearing, this resolution should be introduced and adopted.
Action:
ITEM NO. 14 - ANNOUNCEMENT OF VACANCIES.
a. Previously announced vacancies.
(1)
Board of Library Trustees - Three vacancies for six-year terms
ending July 1, 2001. (Terms of Jeri Hobart, Charles Traw and
Katherine Moyers end.) (3 males and 3 females currently serving
on the Board.)
(2)
Design Review Committee - Four vacancies for three-year terms
ending July 1, 1998. (Terms of Karyl Larson, Gary Nagle, Clara
Swan and Ruth Fox end.) (2 males and 3 females currently
serving on Committee.)
(3)
Broadband Telecommunications Commission - One vacancy for an
unexpired term ending March 13, 1997. (Tim Finer resigned.) (4
males and 0 females currently serving on the Commission.)
These appointments will be made at the May 23, 1995, meeting of the
City Council.
b. Current Vacancies.
(11
Board of Adjustment - One vacancy for an unexpired term plus a
five-year term ending January 1,2001. (Rick Vogelzang resigned.)
(2 males and 2 females currently serving on the Board.)
This appointment will be made at the June 27, 1995, special meeting
of the City Council.
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 10
ITEM NO. 15 - CITY COUNCIL INFORMATION.
ITEM NO. 16 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
-Of
b, City Attorney,
ITEM NO. 17 -
CONSIDER A RESOLUTION APPROVING LOAN AGREEMENTS BETWEEN THE
CITY OF IOWA CITY, THE IOWA DEPARTMENT OF ECONOMIC DEVELOP-
MENT, AND MOORE BUSINESS FORMS, INC. FOR $300,000 OF COMMUNI-
TY ECONOMIC BETTERMENT FUNDS TO ASSIST WITH A FACILITY
EXPANSION, AND FOR $100,000 FROM THE CITY TO ASSIST WITH THE
PURCHASE OF MACHINERY AND EQUIPMENT.
Comment: On January 20, 1994, the Iowa Department of Economic
Development awarded the City and Moore Business Forms a $300,000
forgivabie loan from the Community Economic Betterment Account. As part
of the loan from the State the City agreed to provide Moore Business Forms
a five year 9100,000 no interest loan. The terms of the agreements have
been agreed to and the attached resolution authorizes the Mayor to sign the
loan agreements and promissory notes.
Action:
#15 page 1
ITEM NO. 15 - ~ITY COUNCIL INFORMATION.
Horow/ City Council Information.
Lehman/ Sue, tonight I think you had ten proclamations. A record.
And I realize that council people can't make proclamations.
But if I could make a proclamation I would proclaim this week
City Employee Appreciation. Now we received in our packets
last week a report from the Finance Department regarding the
first nine months of this FY and I am sure we all noticed that
almost every, if not every fund, is ahead of budget. And by
the same token our expenses in almost every category were
below what we had anticipated they were going to do. I think
that is a tremendous job on the part of the city staff. Sunday
we had an Open House and I think it was a very impressive
display of city equipment, city employees. Unfortunately it
was a beautiful day and there weren't as many folks here as I
would have like to seen. but these employees are the ones who
really make the city look good and I thinkwe do an absolutely
outstanding job here and I think folks realize it is the
quality of work that we do and these folks do a great job and
I am very much appreciative and I think we all should be.
Horow/ I appreciate that. It was also nice for their children with
their families and see where their parents work. It was a lot
of fun.
Throg/ I truly like to echo what Ernie said. I would like to
particularly praise Deb Peterson who is sitting in thn back.
She did a terrific job of giving Bruno and me and a f~w other
people a tour of part of the Police Department. Thanks a lot.
Pigott/ It was terrific. We saw the Crime Investigation. Showed how
we could finger print.
Nov/ We had a good time.
Kubby/ I have a few things. Last meeting I talked a little bit
about Toxic Clean Up Day and that is coming up May 20 and one
of the things that I suggested is that because we have limited
number of appointments I suggested neighbors get together and
pool their toxics and make one appointment. A bunch of
neighbors in the Longfellow Neighborhood took up my suggestion
very enthusiastically and when they called to make an
appointment they found out that there is a limit to how much
one household or one appointment can drop off. So I want to
caution you with my suggestion in that your limits are 25
Thisrepresents only a reasonably accurate transcHption ofthelowa City council me~lng of May 9,1995.
F050995
#15 page 2
gallons of paint or 220 pounds of items. If you have more than
that you have got two choices: You can pool your paint and put
light colors of like paint and dark colors of like paint and
put them all in one so you have fewer gallons and then you can
take your empty paint cans and dry them out in a very well
ventilated area and put them in your garbage can to go to the
landfill. The other option is to divide your paint among your
neighbors in 25 gallon increments so if there were ten
households instead of having one appointment you might 2-3. So
I am sorry for any inconvenience that I caused any people who
took us up on this idea of getting together.
Nov/ It was a good idea.
Kubby/ It still is a good idea but at 25 gallon and 220 pound limit
it is a good idea. Secondly over the last couple of years I
have gotten calls consistently about parking and no parking
areas along Scott Blvd. When soccer games are happening and
people aren't so concerned about cars being there but about
enthusiastic athletically inclined ready to go kids darting
across the street before the game or after the game and we
talked to the Kickers about this and in their newsletter they
have done a really great job in encouraging people not to park
and encouraging people to carpcol or walk to the soccer fields
if that is an option. But it is still happening. I just want
to ask people to be very aware of that and if you are choosing
to park there in a no parking zone we should probably be
enforcing that during soccer times. When that is not able to
happen make sure that your kids aren't darting out into the
street. Thirdly we talked last night about our paratransit or
the SEATS R.F.P. and even though I was not in favor of us
putting out the proposal as written we did have a really good
conversation and what came out of that was that all seven of
us, it was really clear, are very committed to making sure
that the travel of service, people using SEATS currently get,
will be there no matter what the end service product is.
Whether the city provides the service. Whether the county
provides the service or some third party provides the service
and I just think it is important to remind people that we are
all committed to that even though we might have different
ideas of how to reach that goal and I know that a lot of
people out there, when we talk about SEATS, get very nervous
because you are dependent-Your independence is dependent on
SEATS and I guess I ask you not to get nervous yet and to know
that we are committed to that level of service. And because I
know time is moving on I want to congratulate Marian Karr, she
recently became president of the Iowa Municipal Finance
This represents only a reasonably accurate transcription of the iowa City council meeting of May 9, 1995.
F050995
#15 page 3
Officers and I think that is a great honor. Good luck in your
other leadership roles.
Nov/
I went to the annual meeting of the Convention and Visitors
Bureau this afternoon and I didn't stay for the seminar but I
heard they had an interesting seminar following the annual
meeting and on Friday afternoon they are going to do a bus
tour and all of the city council members are invited. They are
going to do a little driving tour of the area's attractions.
They are going to include the new Fire Fighter'e Memorial and
the Devonian Fossil Gorge among other interesting things and
you are all invited to be at the Bureau at 3:00 Friday
afternoon and get on the bus with me.
Baker/ Is that this Friday, Naomi?
Nov/ This Friday afternoon, 3:00, at the CVB office in Coralville.
That's it.
Throg/ I would like to mention two things. First the important
thing. I lost on the Kentucky Derby but I didn't lose much.
The second thing is I had the pleasure of taking a very
interesting tour of IIGE dispatch center in Davenport,
Illinois about a week and half ago and just to give you the
gist of it if all the lights in this room were suddenly turned
on, there are computer terminals down there that people sit at
and they would be able to see ~he shift in power of being
demanded simply by act of the energy being demanded here in
the building and then they kind of coordinate all that use of
power and they call up for more power from particular power
plants. It was very interesting watching because all of these
computer terminals, print-outs, phones and maps up on the
wall. It is quite an operation. And this last week Rick Fosse
and I took a tour of the Palo Nuclear Power Plant just north
of Cedar Rapids and that was pretty interesting, too, because
some of the power that we occasionally use here comes from
that nuclear power plant. And there are questions about-not
questions. But it is interesting to know where the uranium
fueled fuel rods come from. Where they are manufactured and
what happens when they are used up and when they are used up
they are stored in a pool of water up there on site as is the
case with all nuclear power plants in the U.S. and they are
suppose to be disposed of somewhere else for some long term
disposal for the next 10,000 years but nobody knows where to
put those fuel rods. So what they are going to do is encase
the fuel rods in concrete and store them off site up there at
that plant and that ~s new in all nuclear power plants around
Thisrepresents only areasonably accur~etranscrlptlon of theIowa Cl~ council meeting of May 9,1995,
F050995
#15 page 4
the country having to do that. Very interesting thing. And I
also have-But the tour was really quite fascinating. If Rick
were here right now I think he would agree with me. We really
enjoyed the tour and they was a fellow named Paul Sabota who
gave us a tour and he did an outstanding job and if Paul is
watching I want to tell him thanks very much because he did a
terrific job. So, anyhow-
Horow/ May I make a comment on that? Bruno don't you think the next
time they have the disaster preparedness process that Jim
should be the one? This year Bruno and I went through a
disaster preparedness drill in which we pretended there was a
nuclear accident and it was impressive. People were really
ready. Johnson County is a host county and we expect to
receive the people from the southern part of Linn County. It
J.s so organized you wouldn't believe it.
Throg/ In case of an extremely unlikely event of a nuclear
malfunction up there, a serious malfunction, people, depending
on the wind direction, people from Cedar Rapids would have to-
part of them would come here.
Horow/ They are assigned sections of Linn County of where they
would go in the event. So we will have you do that next time.
Kubby/ I really liked when you said something about energy being
expended here and the shift in power.
Horow/ Let's get back into control here.
Pigott/ As Sue would say, let's move things along. Ernie said
earlier and he was right that if this were to be a
proclamation day it would be Thank City Workers Day. I want
just extend those thanks a little bit. We talked with Steve
Stimmels, Cathy Ockenfels, whole bunch of other people, the
Dares in the Water Division and in addition to all of that I
know that not a lot of citizens got a chance to go down to the
Open House and see it but our media unit has been kind enough
to video tape that. So that is going to be on television for
those who couldn't show and you know the person who did a lot
of that footage is Scott Darlington and I just want to point
out- Can we swing a camera around to Scott. He has been behind
the scenes for so long. He is leaving. He is going to Boston,
apparently, and I just wanted to say on behalf of the city
council, thanks for making us look as good as you can.
Throg/ Not only that, Bruno, he is going to go to work for
Thlsrepresentsonlyare~onab;yaccuratetranscr~tion ofthelowaCItycounctlmeetlngofMay9,1995.
F050995
#15 page 5
Blackside Productions and they were the ones that did the
wonderful series on Eyes on the Prize for public television.
So it is a great place.
Pigott/ So they are very lucky to get you. Also, in that same vein
I just wanted to congratulate the Cable Division's Media Unit
Jerry Nixon, Cathy Vensky, Ethan Fox, Ron Reins and Bob Hardy
for receiving a recent award. The Iowa Department of Public
safety, the Commissioner, just gave them the award for
excellence in traffic safety for their 20 minute video titled,
Child Safety Seats which was broadcast on channel 4 but as
important has been used by the Police Departments for child
safety seat programs. So here is to a group of people who are
really acting in public service behind the scenes while we
work in front of the camera. Thank you.
Baker/ A few things, Sue. One, for the regular viewers of these
events, these council meetings, you probably noticed a new
face up on the podium up here. I would like to offer a
temporary welcome to Sara, the Assistant City Attorney, who is
taking Linda's place tonight. She is normally at the P/Z
meetings. This is the way all of our meeting go. They are
very quick and I know that you are probably disappointed that
this is not as exciting as P/Z. But welcome and it is good to
see you and I hope to see you again. I noticed, second thing.
I noticed that Part 1 of the proclamations was a School Board
Member recognition Week. I am assuming that we ill soon be
hearing from the school board about a city council member
recognition.
Horow/ I thought about that.
Baker/ In which we would urge you to go accept a proclamation.
Horow/ I will.
Baker/ Everyone is congratulating people up here today. I want to
congratulate Bruno for his recent marriage. This has been one
of the better kept secrets in Iowa City and I think it is a
wonderful decision and I am very proud for you and it happened
the same night my daughter got her First Communion so-
Pigott/ We didn't get married, your daughter and I. Don't start
that rumor, Larry.
Baker/ No, you are not my son-in-law contrary to some rumors out
there that I have adopted Bruno. It is not true. On a somewhat
This represents only e reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
#15 page 6
more serious vein, a couple of weeks ago circulated a copy of
a speech by Mr. Kunstler about planning and urban growth and
the reason I did that was I hope you had an opportunity to
read it because I wanted to present a proposal to you tonight
that Jeff Davidson and the Planning staff and George Starr for
the Zoning Commission and I talked about at a recent Planning
Conference in Des Moines about a month ago when Mr. Kunstler
was one of the main speakers. At that time Jeff and George
both agreed that his presentation was the kind of talk that
would provoke discussion about growth. There are parts in it
that you can disagree with but you certainly do not walk away
uninterested in the subject and we had talked about perhaps
asking Mr. Kunstler to come to Iowa City. Not to talk to us
but to set up some sort of program where he could come and
talk to people interested in development. We could be in the
audience but it wouldn't be for us. That was our original
thought but in the mean time some of you may be going to this
Friday morning presentation by the Chamber of Commerce. Mr.
Bob Worsen is going to be talking this Friday morning at the
Holiday Inn about economic development relocation and I
noticed that John Beckord says this is the first of a series
of presentations on economic development the Chamber will
organize over the next few months. So, I talked to Jeff again
this afternoon and we were wondering if we would get council's
support to approach the Chamber and perhaps have the Chamber
consider Mr. Kunstler as one of their speakers for that
program and we could help participate in the financial cost.
The interesting thing about this is I wouldn't even be
bringing this to you but if the figures that were quoted to me
at the Des Moines conference are correct, it is very
inexpensive to get him here and if we can get someone to
participate with us and that it might be a very good speaker
for this particular program on development for the Chamber and
everybody else. If the council is interested in having Jeff
pursue that. He just wanted to get some sense of the council.
Kubby/ I find myself chuckling over here because a couple of times
Jim has suggested speakers to come and to try to coordinate
something that might happen at the University, that might
happen in the general community as well as here. Something
that costs money and both times those ideas have been kind of
flatly rejected by saying you know, if we need to hire a
consultant for something we will need a bigger process. Not
that I am against that because particularly the two people
that Jim wanted to bring in sounded very interesting for the
greater community, not just city council. So I would be
interested in supporting your idea and would hope people would
Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting of May 9,1995.
F050995
#15 page 7
not just outright reject it as other ones. Although I would
find it ironic.
Horow/ Economic development would be good.
Nov/ Well, he is not economic development.
Horow/ This particular one is this Friday.
Nov/ But I read the Kunstler thing and I felt that he didn't say
anything I hadn't heard before.
Baker/ I think in person you will hear something different as well.
Just a short response to what Karen said because I remember
very well the original discussions about bringing in speakers
the first couple of months of this present council. And those
had to do with specific issues as I recall and in front of us
to come and talk to the council. Now, I may be mis-remembering
that but I think the discussion at the time was to come and
talk to the council and have them work with the staff perhaps.
And some of the figures thrown around seemed a little bit
exorbitant. Now I am certainly willing to suggest this but I
would do it because I know up front that this is a very viable
speaker and inexpensive. So I think Jim's idea-
Kubby/ What would we be talking about? I mean you say nominal
amount. Before I say okay I guess I want to know what you are
talking about.
Baker/ It is less than $1,000.
Horow/ Would you like to work up something and bring it to us?
Horow/ If you are interested just telling Jeff to talk to John
Beckord at the Chamber to see if they are interesting in help
bringing him in.
Throg/ I think I would like to say something about this. Larry, I
think it is a terrific idea. I appreciate your suggesting it.
Kunstler has written a very interesting book called the
Geography of Nowhere which expressed much more amply the story
you tried to convey in that particular piece and he does it
very well in that book. So I would be very curious to see him.
I think having he come here would be a terrific thing. I also
noticed that Bruno just gave us a copy of this week's Newsweek
which has extensive material on the same topic. So, we are on
to something here. It is worth paying attention to. So I would
Thisrepresents only areasonably accurate trans=iptlon oftha iowa City council meeting of May 9, 1995.
F050995
#15 page 8
just eagerly support your suggestion.
Pigott/ I would support it, too, and I think we should consider
doing more of it. I think it is a great idea, Larry.
Baker/ My intent was to bring it not just to us but to the people
who are actually in the nuts and bolts of development.
Pigott/ I agree. Let's do it.
Horow/ Ms. Novick and I on Monday morning welcomed 13 women from
the Yamanashi Prefecture in Japan. Jean Lloyd-Jones had
arranged the group. It is traditional known as Wings of Women
and these are women of varied background, varied ages, and of
different interest here in the city. They are being hosted by
different families in the city and there will be a farewell
hosted by First National. I mention this simply because
Yamanashi Prefecture has been quite extensively involved in
Iowa City. You will remember the town of Kosei brought the
cultural delegation here and this fall when we have our U.S.
Japan Midwest Economic Conference. The Governor of ¥amanashi
Prefecture and his spouse will be attending this conference in
Cedar Rapids and Iowa City and we intend to have as many
examples of what the Kosei Delegation gave us in terms of
mementoes around the Civic Center. There will be a tour of
Iowa City, a short tour during that conference. But it was
very pleasant to welcome them and talk about issues that are
comfortable to them and comfortable to us.
Throg/ I think it would be really exciting if we could find a way
for Iowa City to help us be clearer about all the different
types of connections that Iowa City has to other parts of the
world. Many of them are obviously economic and that is
important and fine. But there are many others that are
cultural, social, political, and ecological. And if we could
become more clear about those connections we would have much
better sense of our sustainability as an economy and as a
society. So I would really encourage us to try to find some
way to draw attention to those kinds of connections.
Horow/ Yeah. I have talked to Ellen Dorsey about this very same
idea and I think our being a University community we just kind
of take it for granted that we have all of these international
connections. But we honestly don't know all of them. We have
the Yamagasaki Friendship group and certainly I would consider
the Yamanashi Prefecture as being a similar nature. It seems
to be growing which is really kind of fun.
Thisrepresents only areasonably accuratetranscription ofthelowa Clty councilmee~ngof May$,1995.
F050995
#17 page 1
ITEM NO. 17 -
CONSIDER A RESOLUTION APPROVING LOAN AGREEMENTS
BETWEEN THE CITY OF IOWA CITY, THE IOW~ DEPARTMENT
OF ECONOMIC DEVELOPMENTt AND MOORE BUSINESS FORMSt
INC. FOR $300t000 OF COMMUNITY ECONOMIC BETTERMENT
FUNDS TO ASSIST WITH A FACILITY EXPANSION~ ~ FOR
$100t000 FROM THE CITY TO ASSIST WITH THE PURC~IASE
OF MACHINERY AND EQUIPMENT.
Morow/ Moved by Pigott, seconded by Lehman. Discussion.
Kubby/ I had a few comments I wanted to make. A lot of times people
think that we do these kinds of economic development things
and that there aren't any responsibilities on the part of the
business who are receiving these state or local moneys and
that is not totally true and I guess I want to highlight two
things. One is that the state requires that there be a Solid
and Hazardous Waste Reduction Plan and Moore Business Formhad
someone come in and audit and had some big reductions in their
solid waste and some recycling of their ink. I don't have any
solid numbers but they said that they were going to get that
information to us. I think we really need to show how much
businesses in our community are reducing the volume and
toxicity of their waste. And the other thing that Moore
Business Form has agreed to do is to provide certain kinds of
jobs over a certain period of time and the total number of
jobs is 317, 130 jobs will be created and 50 jobs retained
through the use of these moneys and so far they have already
exceeded that total number of 317. It is already at 336 and
there still could be some adjustments to that. So
congratulations and I will be voting for this application.
Horow/ Any further discussion? Roll call- (yes). Resolution is
adopted. Thank you very much.
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 11
ITEM NO. 18-CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING
LITIGATION.
ITEM NO. 19 -
% -
ITEM NO. 20 -
, ?~-
Comment: In November, 1994, the City of Iowa City condemned approxi-
mately 229 acres from Washington Park Partners, comprised of Bruce
Glasgow, Frank Boyd and John Rummelhart, St., with the sheriff's jury
returning a damage award for "just compensation." This resolution ratifies
settlement of condemnation appeals filed by both the City and Washington
Park Partners, and the declaratory judgment action filed by Washington Park
Partners against the City, as authorized in executive session and as required
by Chapter 21, Code of Iowa (1993).
Action:
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE
OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND LEE
$1GLIN FOR PLANTINGS ON THE PUBLIC RIGHT OF WAY AT 618 NORTH
GILBERT STREET.
Comment: Mr. Lee Siglin applied for permission to plant
flowers on the public right of way in front of 618 North
Gilbert. City staff inspected the area and recommends
approval of such license subject to the conditions set out in
the agreement.
Action: ~.~ .~~-
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE
OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND IOWA
CITY COFFEE COMPANY D/S/A THE JAVA HOUSE FOR A SIDEWALK CAFE.
Comment: Tara Cronbaugh, President of the Iowa City
Coffee Company d/b/a The Java House, applies for a license
for temporary use of the public right of way contiguous to
and in front of 211 ½ East Washington for a sidewalk cafe.
City Engineering and Public Works staff, after reviewing the
application and inspecting the site, note that the application
complies with the criteria outline in paragraphs 4,5 and 6 of
the regulations adopted by resolution 84-181.
Action:
#18 page
ITEM NO. 18 - CONSIDER A RESOLUTION i~ATIFYING SETTLEMENT OF
PENDING LITIGATION.
Horow/ Moved by Lehman, seconded by Nov. Any discussion? I had a
question. This settlement mentions 227.98 acres.
Holecek/ We, in our resolution, refer to approximately 229. I
believe most of the pleadings have been or any contemplation,
the condemnation has all hover_u around that number, either
228 plus or minus .05 acres. So, that is accurate.
Horow/ All right. Any further discussion?
Lehman/ Sarah and I talked before the meeting. The resolution, item
3, says that the $92,603 interest will be in a non-interest
bearing escrow account. The settlement agreement says it will
be in an interest bearing account and it will be, in fact, be
in an interest bearing account.
Holecek/ That is correct. That is a typographical error which will
be amended.
Horow/ Great. Thank you. Roll call-
Baker/ Sue, with the indulgence of the council, I would like to
take a few minutes to explain why I am going to vote against
this resolution and I am going to be reading from a prepared
statement because I want to be very precise on my position and
I want to emphasize that this is my opinion. It does not
certainly reflect the majority of the council as will be
indicated by their vote. To put it very simply, I think this
settlement is a mistake. I understand why the rest of the
council is willing to settle this issue on these terms. I
understand but I do not agree. And I would like to. give you my
perception of how we arrived at this point. (Reads statement
as follows): After many months of study and hundreds of hours
of research by our own staff and outside consultants, this
council was presented with a tentative plan for the
construction of a new water plant. I will not go through that
particular history. This settlement tonight is the culmination
of an important part of that process and with this agreement
the council secures most of the 229 acres that we feel is
necessary for the new plant at this site and with this
agreement we pay more than double of what I feel the land is
worth. But we do this "to get on with our work" and to
hopefully put behind much of the acrimonious debate that has
occurred up to this point. I understand that. So why my
Thisrepresents only e reasonably eccuratetranscdptlon ofthelowa City council meeting of May 9,1995.
F050995
#18
page 2
objections. From the very beginning of this debate over the
site of the project the public and this council has been
assaulted with a steady stream of self-serving distortions,
exaggerations and mis-statements and and it is at this point
in my statement that the legal staff suggested that I omit
some things which I have done. I want to emphasize those
distortions have come from a small number of individuals who
have manipulated an uncritical press. Newspaper but in
particular television. A small number of individuals who have
inflamed the very legitimate concerns and questions of many
many people who have every right to force this council to
justify and explain the why, the where, the when. Those kinds
of decisions that we must make to secure safe and high quality
water for this community for the next 50 years or longer. In
my very distinct minority opinion this settlement rewards
those distortions and misrepresentations. I'll be the first to
admit that sometimes the most prudent course for a governing
body is to swallow its pride and work toward solving the
primary problem. In this case the primary problem is meeting
federal guidelines and replacing an antiquated water plant.
However coDgruent with that problem solving responsibility is
the ever present general responsibility to operate in the best
interest of the citizens of Iowa City. In the very long term,
I do not believe that this settlement is in the best interest
of Iowa City. That is a subjective judgement on my part, but
it is my very deeply held, honest judgement. This a settlement
is a bad precedent. We had two outside appraisal of this land,
both at around $1.5 million. The owners of the land insisted
that thclr land was worth ten times the appraised value. They
did not offer anything but their opinion to argue that point.
At a condemnation hearing, the value of the land was suddenly
half the previous figure, again without any corroboration of
even that figure. The co~demnation board split the difference
and awarded #3,250,000. This settlement tonight accepts that
arbitrary decision by the condemnation board. I would've
preferred us to appeal this and force the issue at a higher
level. This council was cautioned that another hearing might
result in an even higher settlement. We were told that if the
land owners were forced into an appeal, they might indeed
finally present some appraisal that was even higher than
$3,250,000. Thus we might have paid more. We would have our
appraisers. They would have their appraisers, and thus we
would have a battle of duelling appraisers. Public sympathy
might seem to be on the side of the, I'll put this in
quotation marks and point out that it's irony, public sympathy
might have been on the side of the struggling entrepreneurs
who had worked all their life to accumulate property, only to
Thisrepresents only ereasonably accurate ~anscriptlon ofthelowa Ci~ councllmeetlngof May9,1995.
F050995
#18 page 3
have the government, end of irony, with its very deep pockets
come in and take it away. But that is exactly why I think we
should have appealed this decision. With contradictory and
thus stalemated appraisals, the focus would then shift to the
credibility of the parties involved. Hiring an extremely
effective litigator, one of the best attorneys in this city,
probably in the state, and using the already established
public record and with investigation into the private record
of all parties concerned, I absolutely have no doubt in my
mind where the lines would be drawn and how the suit would be
resolved. There is no guarantee about anything. I thus
appreciate my fellow council members caution in this matter.
I understand it. As for myself, when I look at the facts, I
see a different outcome than they do and so I cannot support
this settlement.
Horow/ Thank you, Mr. Baker. Any further discussion?
Throg/ I think I want to say something and I will probably get in
trouble for doing this because I haven't thought out
extensively what I do want to say. so, I will wing it. I want
to agree with much of the substance of what Larry just said
though I would use very different language I think.
Particularly the language about manipulation. What I see is a
private property owner trying to maximize the economic benefit
that that property owner can get from his or its land. Well,
I think that is not particular good for the city, the tax
payers of the city and the rate payers of the city. None the
less, it is the way the private market works. That land owner
was just trying to maximize its benefit. So, what I see is us
facing the situation of us trying to avoid extensive future
litigation, trying to do so in a manner that enables us to
move on even though I do disagree with much about what we, as
a collective body, have decided to do with regard to the water
system. It does enable us to move on. It would enable us to
avoid the cost of continuing litigation, both in lawyer's
fees, ill temper and various other kinds of delay. So, I think
it is impertant to do that. Let's see. There is something else
I want to say. I think it is also worth noting because I don't
think I heard you say this. It is worth noting that the
settlement of the cost here is about $3.2 million. That is a
lot. I think it is more than the land is worth but the $3.2
million is still a very small portion of the total cost of the
water system improvement which would approximate $50 million
and one of the things that I think is never really come
through clearly in the press as you tried to indicate is the
relatively small amount of cost associated with the land
Thisrepresents only areasonab[y accuratetranscription ofthelowa Clty coundl meeting of May 9,1995.
F050995
#18 page 4
itself. So people are always coming up to me saying you really
need all that much land. It costs so much, you know. I find
that most of the $50 million somehow is associated with that
cost of the land and it is clearly not. So I just want to be
clear. $3.2 million for this 229 acres of land out of a total
cost of about $50 million. I should stop.
Horow/ Thank you. Any further discussion?
Baker/ Sue, one thing. It is not a rebuttal. It is just an
extension of this. My objections are of course what we are
paying for this property. But I want to repeat one phrase. I
think it is a bad precedent in a lot of ways because in the
future on other issues we are going to have to be dealing with
much the same process, probably handling condemnations again,
and I think this is a case that should have been appealed to
set the precedent that if we strongly believe that we have
done everything right and that the information that has been
presented that justified this figure, that if we strongly
believe that it is misinformation then we need to appeal that.
So it is primary cost and precedent and Jim, you know I
understand a lot of this and like I say, I appreciate your
caution. I disagree with where we are going.
Lehman/ I would like to concur with Jim on this. I really think the
risk that we take by appealing this is probably not worth it
and I don't disagree with a lot of what Larry says. But we
could just as easily pay $5 million as $3.25. I think we are
prudent in accepting this and going on with it.
Horow/ All right.
Pigott/ I just like to talk a little bit about, Just for a quick
second, about the precedent setting. I don't believe that it
does set a precedent for not litigating in the future. That is
up to the council in different situations. I believe that this
is enough of a case by case basis in terms of these sorts of
things so that it doesn't really strictly set a precedence and
I understand what you are saying, Larry, but I disagree.
Horow/ I would echo what you just said. All right. Roll call-(yes,
Baker-no). Resolution is adopted, Baker voting no.
Thisrepresents only a reasonably accurate transcription of theIowa City council meetIn9 of May 9, 1995.
F050995
#19 page 1
ITEM NO. 19 -
CONSIDER A RESOLUTION AUTHORIZIN~ THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT OP WAY BETWEEN
THE CITY OF IOWA CITY AND LEE SIGLIN FOR PLANTINGS
ON THE PUBLIC RIGHT OF WAY AT 618 NORTH GILBERT
STREET.
Horow/ Moved by Lehman, seconded by Pigott. Any discussion?
Kubby/ Yeah, I have a few questions and Lee is here, too, and I
don't know if he wants to say anything or not but I guess one
of the things that I want to comment on is that this has been
going on for a long time and that I hope in the future when
there is a situation like this that we can be a little more
quick in getting these kinds of permits. I hope that more
people apply to do beautiful plantings in the r.o.w. that
beautify neighborhoods yet don't cause any kind of site
distance problems for coming in and out of driveways, etc. I
think it is a wonderful public service you have been doing all
of these years. A lot of people go out of their way to walk by
your house because of the beauty that you bestowed upon us and
I appreciate all the energy. so I hope that when other people
want to do this that we can do it more quickly and that means
coordinating with City Attorney's Office, the City Engineer,
the City Forester, and the Traffic Engineer was in on this,
too, to make sure that we can get everybody together and
handle this in a more timely-
Horow/ I think the City Manager was also involved in this as well
and I appreciate his time. This has taken a lot of time.
Nov/ It has.
Horow/ Any further discussion?
Nov/ We have- Excuse me, go on.
Kubby/ I have three things I wanted to ask. That was the first one.
The second one is I am not really clear as to what the
conditions are and if the conditions are the planting guide
then no. Bey is saying no. So if the conditions are not
finalized yet, is that correct? Bey, what are the conditions?
I am asking Bey because she has been working on it. Sorry, I
didn't mean to-
Ogren/ That is fine. We've took diagram of his plantings and
indicated the plants that w~ have to be removed for site
Thisrepresents only areasonably accurate transcription ofthe Iowa City council meeting of May 9,1995.
F050995
#19 page 2
distance reasons. Those are the conditions.
Ogren/ The planting guide is the general rule of thumb that we hope
to use
CHANGE TAPE TO REEL 95-64 SIDE
Kubby/ You call one number and you get all the utilities marked
with colored flags instead of having to call five different
places. It makes it easier for the person applying.
Horow/ All Call. That is All Call. All Call.
Throg/ Oh, is it 1-800 All Call?
Horow/ Yeah.
Kubby/ So I guess before I am interested on voting on it I would
like to hear from Lee as to these conditions. How do you feel
about them and if you can live by them? You have to come up to
the mic.
Lee
Siglin/ Well, I want to thank everybody that has worked on
this. Especially Bey because she came up one day probably
about three weeks ago and I happened to be out in the garden
working so I talked with her for maybe a half an hour or so
and we tried to come up with solutions. Like she wanted me to
give her some suggestions. And basically I think most of this
stuff is I feel very grateful that I at least got to keep most
of the things. It makes me very sad that I have to remove all
of those big shrub rose for the curb because they are probably
7-8 years old and I told her today on the phone because she
talked to me that that pretty much means destroying them
because there is no way you can dig them out and the only
other thing that I guess that I agree with her-I disagree
about the thing is and Bey happened to say one of the things,
one of the reasons why they want them farther back from the
street is because they are afraid that people will get stuck
by thorns or something or a small child may ram one of the,
you know, rose canes in their eye or something and I guess
that is possible. I mean they have been there 7-8 years and
that hasn't happened to anybody yet. So, you know-
Horow/ There is always a first time.
Siglin/ Well, the thing is you can drive around any block in the
city and there is potential danger at every block. You know,
Thisrepresents only areesonably accurate transcription ofthelowa City council meeting of May 9,1995.
F050995
#19 page 3
it is like I feel like in the putting. You know
originally when we got the complaint the forester supposedly
said that there were lots of accidents on that block which I
found out from the Traffic Controller was not true. There has
been lots of accidents on Gilbert Street but there has never
been on my block.
Kubby/ Is there a possibility of pruning them in a way that the
parts of the shrub rose that are closest to the street?
Siglin/ That is what I tried to do last fall and I asked Bey about
that today and she said no because they have to be back at
least three feet from the curb. So she says she doesn't think
that was really an option. The other concern I have is that if
the garden is that big of a hazard which I talked to Bey about
before, too, is I feel like the cars that are parked along
that street are way more of a hazard than my garden has ever
been because on Tuesdays and Thursdays when the cars are on my
side of the street it is virtually impossible to see around
there to get out into the alley. And once you get out in past
the cars which is at least 5-6 feet past the cars before you
have vision, you are 8-9 feet beyond my garden. And I, I mean,
not that I am such a cynic although I think I am in a lot of
ways. I find it very difficult that that issue is ever going
to be dealt with and to me that is just as dangerous as my
garden has ever been.
Kubby/ It really doesn,t extend across the street, does it?
Siglin/ Well, it goes all the way through.
Kubby/ I mean I was just thinking that if we said parking only on
one side of the street that you have the same problem on the
other side of the street.
Horow/ Right.
Kubby/ Maybe we need to say no parking a couple of feet on each
side of the alley way on both sides of the street.
Council/ (All talking).
Horow/ If we did that in every part of the city you would keep
knocking out parking spaces. I know what you are saying but
every once in awhile I think we have enough trouble-
Atkins/ Probably also put the sign right in the middle of his
Thlsrepr~ents only a reasonably accurate trans~lption ofthelowa City coun~l meeting of May 9,1995.
F050995
#19 page 4
garden.
Horow/ This certainly seems to be a reasonable solution that you
and others can use. We appreciate the work that you have done.
Thanks.
Kubby/ I guess I had one other concern and that is that we are
requiring that Lee have some kind of insurance so that if
there is some kind of problem because of the garden, someone
trips over a hose and falls down or something that it goes on
Lee's insurance and not our insurance and-
Siglin/ Well, I told Bey today that I have renter's insurance and
I just need to check out, I guess, how much liability. I don't
know who decides that.
Kubby/ What level of liability?
Siglin/ Right. So I don't know what-
Atkins/ If I recall if you have renter's insurance that protects
his personal property. I suspect the property owner's is the
individual who has got the liability on this.
Siglin/ Well, I know on my policy when I read it it does cover-My
ren%er:s insurance does cover for it an accident happens to
somebody on my-you know, where I live, in the yard or
wherever. But I don't know how much, you know, what the
liability level is.
Horow/ Sarah, were you going to say something?
0gren/ My understanding and Lee hasn't been able to check this out
what type of coverage he actually does have and that is
something that really should be nailed down.
Horow/ Okay. so, you will work that out with him?
0gren/ Yes.
Nov/ Do you want to defer this or approve it contingent on
insurance? How do you work this?
0gren/ What we are working on is a standard. We are working from a
standard license easement form and part of the standard policy
is to have at least some indemnification for the city. When we
are allowing an unusual use for public r.o.w. and that has
This represents only o reasonably accurate transcription ofthalowa City council msofing of May 9, 1995.
F050995
#19 page 5
been a standard that we have been operating from for a long
time. Whatever you feel comfortable with but if Mr. Siglin
would not object to continuing it.
Kubby/ I guess I start getting away from Lee and thinking about I
would like to see the trend continue that I am seeing in this
town of people doing different kinds of plantings than we have
usually seen and a lot of times that extends into the r.o.w or
people would like that opportunity and does the risk that the
city takes worth creating that barrier for people doing
appropriate beautification of the public r.o.w. I guess at
another point I would like us to discuss that because if we
want to facilitate this kind of neighborliness and community
building and planting on the r.o.w. that insurance could be a
barrier and is it worth it or not? Maybe we say no thorny
things in our planting guide in the public r.o.w. I am not
sure what it means but I am interested in this in a more
generalized way.
Horow/ Well, let's just look at it from time to time. We certainly
have discussions about it.
Pigott/ What I hear you saying is maybe and you can correct me if
I am wrong. Exempting insurance for those people who put
plantings in the r.o.w. instead of to make it easier instead
of less onerous.
Atkins/ I would encourage you to-
Kubby/ Just measuring what risk. Everything we do you can liability
and you could get paralyzed and not act. I am just asking us
what are the possibilities. That is something for our legal
staff to advise on and to discuss what-
Horow/ Are there four people that want to do this?
Kubby/ To talk about it.
Lehman/ I have a problem if we authorize someone to use public
property. Lee does a good job. His is a beautiful garden. That
doesn't mean everybody is going to. They can come down. They
can get a permit and if they don't do it correctly and they
leave the hose across the driveway, leave a hose laying in the
sidewalk and somebody gets hurt, we are responsible unless we
require them to have insurance and I think that insurance is
going to be a rather minimal cost. So I definitely think the
city should require that.
Thisre, resents only areasonably accuratetranscription of the Iowa City council meeting of May 9,1995.
F050995
#19 page 6
Horow/ I agree.
Siglin/ I just have one thing, too. I mean Bey told me today, too,
one of the things was probably the hose across the sidewalk if
somebody tripped on it. But I think, I don't know, you have
got to come up with something different than that, I feel,
because don't people water their grass?
Horow/ No because you don't water it going over the sidewalk. You
put it on-
Siglin/ A lot of people have to.
Horow/ They can spray it from their own-
Kubby/ A lot of people set up sprinklers in the public r.o.w. I
ride my bike through them all of the time. I mean, there are
all sorts of things.
Ogren/ What I would suggest is that this is a policy decision
regarding liability and risk management that should be
discussed and a decision should be made. But I don't think
this is maybe the appropriate time or forum for doing that
because we do need to explore more information on it.
Kubby/ We need Kevin O'Malley to give us what he thinks would be-
There were only three people who expressed opinion who didn't
want to look at it. I want to look at this.
Nov/ Well, certainly we have to consider this and whether or not we
are going to require insurance in every single instance. What
if you are planting grass in the r.o.w. You going to require
insurance for that? It is getting too complicated.
Horow/ I agree. Why don't we just- I mean this is a policy
decision. We are getting-
Nov/ Defer it to another time°
Pigott/ I would rather go ahead with this and let Lee get going on
his garden and you know, maybe we need to discuss the
liability issue later point. But let's get this thing going.
We owe it to Lee. We have been dragging on this.
Horow/ Great. All right. Roll call- (yes). Resolution is adopted.
Kubby/ At the end you were kind of saying we are getting into
represents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
#19 page 7
details. We are not. I brought up a policy issue about whether
weare going to-Because I think this is a barrier. Do we want
to have it or not. So I don't think this is a minutia.
Horow/ Okay, we have a disagreement here.
Thlsrepresents only areasonably accuratetran$~lptlon ofthelowa Ci~ coun~l meeting of May9,1995.
F050995
#20 page 1
ITEM NO. 20 -
CONSIDER A RESOLUTION AUTHORIZING THE~YOR TO SIGN
~ THE CITY CLERK TO ATTEST THE LICENSE AGREEMENT
FOR TEMPOR~Y USE OF PUBLIC RIGHT OF WAY BETWEEN
THE CITY OF IOWA CITY AND IOWA CITY COFFEE COMP;~
D/B/A THE JAVA HOUSE FOR A SIDEWALK CAffE.
Horow/ Moved by Kubby, seconded by Pigott. Any discussion?
Throg/ We asked some questions last night about this particular
application. Were you able to check up on that?
Holeoak/ We were able to contact the applicant today and explain to
her the details that we had discussed last night with the fact
that the readings on new ordinance may, indeed, be collapsed
which would allow her to have an extended period of her permit
but would require her to go through Design Review and it may
also change the applicable fee. He opted to go with her
original application and under the original as still currently
active ordinance.
Horow/ Okay.
Kubby/ Last night I was originally hesitant to approve this because
we are working on new regulations. I didn't want one person
working under old rules and a new person or everyone else
applies to the new rules. But it really isn't fair if the
rules are still there to say you can't play by them. So I feel
okay about this and assume that the second year, if
successful, she will apply under the new rules.
Nov/
Well, she will have not choice if she wants to do a second
year and it is certainly her option to say it is my preference
to try it this way for one year and then see how I feel about
it next year. And I think this is interesting because the
ability to do this has been on the books for 10-12 years.
Until the council started discussing a whole bunch of changes
nobody had wanted to do it.
Kubby/ That is not totally true. There has been some people who
wanted to do it on the r.o.w. but the rules were too
restrictive and because of their style of business and the
location of it they couldn't do what they wanted to do. And
under the new rules some of those people will be able to. So-
Pigott/ And for those who were able to before but maybe this has
been a nice way alert them that they can.
Thisrepresents only areasonably accurate transcdptlon of ~slowa CiH council meeting of May 9,1995.
F050995
#20 page 2
Horow/ Okay. Roll call-(yes). The resolution is adopted.
Thisrepresents only areaeon~ly accurate transcription of ffielowa City council meeting of May 9,1995.
F05099§
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 12
ITEM NO. 21 -
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT BETWEEN
RICE, WILLIAMS ASSOCIATES OF WASHINGTON, D.C. AND THE CITY OF
IOWA CITY, IOWA, TO PROVIDE CONSULTING SERVICES TO ASSIST THE
CITY IN THE PROCESS OF FRANCHISE RENEWAL/REFRANCHISING FOR
CABLE TV SERVICES FOR THE CITY OF IOWA CITY.
ITEM NO. 22 -
Comment: The original agreement with Rice, Williams Associates was
executed in September, 1991. The renewal process was expected to be
completed prior to April, 1994, the original expiration date of the cable TV
franchise. A letter from the consultant requesting this increase is attached
to Council's agenda. Staff recommends approval of this amendment to the
agreement.
Action:
AMENDING TITLE 12, CHAPTER 3 SECTION 1
CONSIDER AN ORDINANCE
ENTITLED "TELEPHONE FRANCHISE", TO ADOPT STANDARDS FOR
ENTERING FRANCHISE AGREEMENTS TO PROVIDE ELEC'i'RONIC COMMUNI-
CATIONS SERVICES. (FIRST CONSIDERATION)
ITEM NO. 23 -
Comment: The proposed amendment repeals an antiquated code provision
regarding the use of public ways by AT&T, and adopts in its place language
modified from Chapter 364, Code of Iowa, which states the City's authority
to grant franchises for entities occupying the public right-of-way to provide
electronic communication services. This ordinance would act as companion
legislation to the City's cable television franchise ordinance.
Action:
CONSIDER AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, ENTITLED
"OUTDOOR SERVICE AREAS" TITLE 4, CHAPTER 5, ENTITLED "PROHIBI-
TIONS AND RESTRICTIONS," TITLE 1 O, CHAPTER 3, ENTITLED "COMMER-
CIAL USE OF SIDEWALKS", AND TITLE 10, CHAPTER 5, ENTITLED "CITY
PLAZA" TO ESTABLISH UNIFORM REGULATIONS FOR SIDEWALK CAFES.
(SECOND CONSIDERATION)
Comment: Public hearings were held March 7, March 11, and April 25, on
proposed changes to the present code regarding sidewalk and Plaza Cafes.
The proposed ordinance would combine regulations for all sidewalks in CB-2,
CB-5 and CB-10, and the City Plaza. A resolution establishing a fee is
included should Council wish to waive second reading. A memo outlining fee
information is included in Council's packet.
#21 page 1
ITEM NO. 2~ - CONSIDER A RESOLUTION AUTHORIZING THEMAYOR TO SIGN
~ THE CITY CLERK TO ATTEST AN AMENDMENT TO THE
AGREEMENT BETWEEN RICEr WILLIAMS ASSOCIATES OF
WASHINGTON, D.C. AND THE CITY OF IOW~ CITY, IOWA,
TO PROVIDE CONSULTING SERVICES TO ASSIST THE CITY
IN THE PROCESS OF FRANCHISE R~NEWAL/REFR~NCHISING
FOR CABLE TV SERVICES FOR THE CITY OF I0WA CITY.
Horow/ Moved by Nov, seconded by Lehman. Discussion.
Pigott/ Perhaps we could have Dale or someone talk a little bit
about why we are doing this. It is interesting because if you
read the letters what it does is give a pay increase to our
consultants and people might want to know why, how long we
have been working with it and maybe the troubles that we have
encountered and why it is good to have these people working
with us.
Helling/ Certainly the protracted negotiations are the reason why
we are looking at this favorably. The request that you have is
a request to increase the fee from $95 hr. to $120 hr. The
original contract was entered into in September 1991 for a
process that was anticipated to take at a maximum three years.
Four and half years later now we are still in the process and
what they are asking for is an hourly fee that they have been
charging in new contracts since 1992. So we felt it was a very
reasonable request on their part to ask for that at this time
and this is the first time they have asked for increase
despite the fact that we are at least 1 1/2 year beyond the
maximum that we thought the contract would go.
Pigott/ Now one of the ' '
things people might ask is what is the
consultant? How do they help us? What is some of the-
Helling/ In this case they are assisting us with the process that
is largely governed by federal law that has been addressed by
at least two different federal statutes that have been passed,
one in 1984 and one in 1992. In addition, negotiating under
the shadow of potential pending legislation hopefully yet this
year. Originally it was going to be the Cable Act of '94. It
didn't happened in '94 so now it is going to be the Cable Act
of '95 or '96 or whatever. Very complicated process. Not only
the negotiating process but also the kind of hoops that we had
to jump through to get into this process which is, some of you
will recall, a onslderable amount of the consultant,s time
O '
was spent taking us through a process of doing a needs
assessment in the community and technical audits and technical
This represents only a reasonably accurate transcrtptton ofthelowa City council meeting of May 9,1995.
F050995
#21 page 2
evaluations of the system and so forth. So this isn't all
just, we don't usually call it consultant just for
negotiations. There is a lot of other things involved. It is
a very complicated process. It is anticipated, under federal
law, to take three years. I don't happen to agree that it is
a process that we need but its there.
Pigott/ Thank you, Dale.
Nov/ And we are extending it?
Helling/ We are-Well, we are not extending it. We are trying to
complete the process as best we can and in this situation just
hasn't been realistic to get it done.
Nov/ I am sorry I didn't say that correctly. We are extending the
contract of this particular consultants so that we can finish
our process.
Helling/ Right. We are just changing the rate here. We are not
extending the contract.
Throg/ So, how soon are we going to have an extensive discussion
about this re-franchise agreement process?
Helling/ Pretty darn soon.
Throg Pretty darn soon.
Helling/ Pretty darn soon. We spent today meeting with the
representatives from the cable company. We are going to be at
it again tomorrow. I think we will be able to come back to you
with a discussion one way or the other within the next week or
so. We will be ready to do that because we are going to find
out now whether we can make this thing fly or not through a
negotiated voluntary process.
Horow/ Any further discussion?
Pigott/ All I want to say is I know it is a very complex process
and it is sort of frustrating for the average citizen out
there who understands that we are going through some sort of
refranchising agreement. Doesn't understand why it is taking
so long. And so it is very kind of you, Dale, to take the time
to explain some of the process and it is intricate and we look
forward to getting this done as soon as the rest of the
citizens do and have an agreement that is beneficial to the
Thlsrap~esents only areasonably accuratetranscription ofthelowa CIw council meetingof May 9,1995.
F050995
#21 page 3
city.
Helling/ We all look forward to that.
Pigott/ Thank you.
Horow/ Further discussion?
Throg/ In a second we are going to be talking about this telephone
franchise proposal which we have not talked about at all. I
assume that there is a direct connection between that
particular franchise proposal and the cable proposal. Is that
correct? Because of changing markets. If it is not then what
I am going to say is irrelevant. So just tell me whether there
is a direct connection.
Helling/ There is a relationship. I wouldn't say it is a direct
connection.
Throg/ Let's go through this.
Horow/ Roll call-(yes). Resolution is adopted.
Thisrepresents only areasonabl¥ accurate ~anscrlpt{on ofthelowa City council meeting of May 9,1995.
F050995
#22 page 1
ITEM NO. 22 -
CONSIDER AN ORDINANCE AMENDING TITLE 12t CHAPTER 3
SECTION 1 ENTITLED "TELEPHONE FRANCHISE", TO ADOPT
STANDARDS FOR ENTERING FRANCHISE AGREEMENTS TO
PROVIDE ELECTRONIC CO}~UNICATIONS SERVICES. (FIRST
CONSIDERATION)
Horow/ Moved by Pigott, seconded by Nov. Any discussion?
Throg/ What is this all about?
Kubby/ I feel very uncomfortable voting on it.
Horow/ Isn't that interesting? I wish we had talked about it
because we do not have, right now as I understand it, the
public r.o.w. we have telephone cable lines on there and we
have no way of controlling it in terms of-
Throg/ But we haven't talked about it and we haven't received any
kind of short memo explaining what the rationale is behind
this.
Kubby/ I guess some of the questions I would have is how does this
compare with our cable franchise, our IIGE franchise that are
some ways of doing fees? There is an election process in here
and I don't really understand at all or how it compares to
other use of the public r.o.w. and especially because it has
not fee in here I am concerned. So, I would like to move that
we defer this two weeks so we can get some more conversation.
Throg/ I would second that.
Horow/ I would also ask you to talk with the staff about this
because we have been talking about this for a while.
Helling/ We can provide you with some information. The only I would
ask is that at least you consider after you have heard what we
have to say maybe expediting one of the readings or something
because this does have to do with-It is basically preserving
whatever options we may have in light of what might occur with
the new legislation and as the comment indicates, it is
substituting for a very very archaic old outdated provision of
the code which was written sometime before the turn of the
century and we are almost ready to turn another one now. So,
It is something we need to address and with the pending
federal legislation it is something we need to look at fairly
quick but I think we can get together with the legal staff and
provide you with some information and make you feel more
Thls represents only a reasonably accurate transcription of the Iowa City council meeting of May 9, 1995.
F050995
#22 page 2
comfortable.
Throg/ But that is the reason I asked you the question about
whether there was a direct connection between this particular
ordinance and the resolution that we just considered because
I mean the way I understand it is that telephone companies
will have the same capability of providing kind of
telecommunications services as a cable company might have. And
so instead of facing a monopoly situation which currently
exists with regard to the cable franchise, we might have a
duonopoly or a more competitive market. So, I mean I
understand that that is the rationale behind this but I think
we do need to discuss it before we act upon it.
Helling/ This would have the affect of operating independently from
that regardless of whether the cable companies get in the
phone business or not. This is simply, this parallels but it
doesn't directly connect to cable franchise. This would be a
separate franchising authority. Like I said, it is mainly
preserving your options.
Kubby/ I guess the kind of information I would want from you legal
staff is how does it compare with our other franchising
options that we currently have?
Nov/ I think if anyone had read the old ordinance you would have
giggled and you would have said anything is better than this.
Kubby/ And I am sure that we will probably come to that conclusion
but instead of doing it and then having to re-do it because we
hadn't thought of some issues.
Pigott/ I think the issues of fees is an interesting one, too.
Horow/ All right. There is a motion on the floor which is moved and
seconded. The motion is to adopt the ordinance.
Kubby/ No, I had made a motion and it was seconded to defer to May
23.
Throg/ I seconded.
Horow/ It was moved by Kubby, seconded by Throg to defer until the
23rd. Any further discussion.
Kubby/ And with that I would be willing to collapse.
Thisrepresents only areasonebly accuratetranscription oftholowa Citycouncil meeting of May9,1995.
F0§0995
#22 page 3
Morow/ Great. All those in favor signify by saying aye
right. Move to the 23rd.
(ayes). All
Thisrepresents only areasonahly accurate transcription ofthelowa City council meeting of May 9, 1995.
F050995
#23 page 1
CONSIDER AN ORDINANCE i%MENDIN~ TITLE 4~ CHAPTER 3,
ENTITLED "OUTDOOR SERVICE AREAS" TITLE 4~ CHAPTER
5~ ENTITLED "PROHIBITIONS AND RESTRICTIONS~" TITLE
10~ CHAPTER $~ ENTITLED "C01~ERCIAL USE OF
SIDEWALKS"~ AND TITLE 10~ CHAPTER $~ ENTITLED "CITY
PLAZA" T0 EST~LISH ~IFO~ RE~ATIONS FOR
SIDEW~K C~ES. (SECOND CONSID~TION)
Horow/ Moved by Pigott to collapse the second and third readings,
seconded by Throg. Any discussion. Roll call-(yes, Nov-No).
Moved by Pigott, seconded by Kubby. Any discussion?
Throg/ I would like to make one observation. We just had a
discussion about with regard to Lee Siglin about use of the
public r.o.w. and insurance. Somewhere in this ordinance, I
don't want to try to identify exactly where it is, it says
each applicant shall be required to provide a certificate of
insurance that is satisfactory to the city for use of the
public r.o.w. So-
Horow/ That is a good idea.
Nov/ It is the standard.
Throg/ There is consistency.
Horow/ All right. Any further discussion? Roll call-~yes, Lehman-
no). Ordinance is adopted with Lehman voting no.
This represents only a reasonably accurate transcription of the Iowa CI~y council meeting of May 9, 1995.
F050995
Agenda
Iowa City City Council
Regular Council Meeting
May 9, 1995
Page 13
ITEM NO. 24-
~ '
CONSIDER A RESOLUTION RESCINDING RESOLUTIONS 94-88 AND 84-181
AND ADOPTING A RESOLUTION ESTABLISHING A FEE SCHEDULE FOR THE
USE OF PUBLIC RIGHT-OF-WAY FOR SIDEVVALK CAFES,
Comment:
Action:
See comment above,
ITEM NO. 25 - ADJOURNMENT.
#24 page 1
IT~ NO. 24 -
CONSIDER A RESOLUTION RESCINDING RESOLUTIONS 94-88
AI~D 84-181ANDADOPTING A RESOLUTION ESTABLISHING A
FEE SCHEDULE FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR
SIDEWALK CAFES.
Horow/ Moved by Kubby, seconded by Throg. Discussion.
Kubby/ So the fees we decided on is a per square foot fee so that
if you are using and profiting more from the public r.o.w. you
pay more and that annual fee is $5.00 per square foot.
Nov/
I would like some assurance from Legal Department or City
Clerk that this kind of fee will ultimately cover our expenses
whatever they are. Either the filing of the applications and
that sort of thing, the extra policing, the extra clean ups,
whatever.
Karr/ At the present time we believe it will but, again, every year
we review the fees and since this is a new type of fee for us
and a new use, certainly we will take a close look at it when
we re-new it next year.
Kubby/ When I think about a 10 X 10 space, which isn't very big. I
think about it in terms of art fairs because I live all summer
in 10 X 10 spaces. It is not very big and that would be $500
a year to have it. Next time you go to an art fair, check out
the 10 X 10.
Horow/ And we talked about the vending fee which is currently what,
Marian?
Karr/ $750, the mobile carts.
Kubby/ When-I think about art fairs, sometimes I pay up to $300 for
two days in a 10 X 10 space. So in some respects it is pretty
cheap.
Throg/ You should drive a harder bargain.
Horow/ Any further discussion? Roll call-(yes). Resolution is
adopted.
Thisrepresents only a reasonably accurate transcription ofthe Iowa City councllmeetlngofMay 9, 1995.
F050995
City of Iowa City
MEMORANDUM
DATE: April 5, 1995
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
May 7, 1995
1:00 - 4:00 P.M.
Sunday
OPEN HOUSE - EVERYONE WELCOME
Civic Center, Recreation Center, Senior Center,
Public Library, Chauncey Swan Parking Garage and
Chauncey Swan Park
May 8, 1995
6:30 P.M.
7:00 P.M.
7:00 P.M.
7:30 P.M,
8:15 P.M.
8:30 P.M.
8:35 P,M.
8:40 P.M.
9:10 P.M.
9:20 P.M,
9:30 P.M.
9:35 P.M.
Monday
Special Council Meeting - Council Chambers
Executive Session (Pending Litigation, Land
Acquisition)
City Council Work Session - Council Chambers
Review zoning matters
.Near South Side - Discussion with Consultant
Near South Side Multi-Use Parkinu Facility
Iowa City - Beyond 2000
Moore Business Forms CEBA Loan Agreement
Paratransit R.F.P.
Parking Meters - 500 Block of Iowa Avenue
City Plaza Task Force
Council Summer Schedule
Council agenda, Council time, Council committee reports
May 9, 1995
7:30 P.M.
Tuesday
Regular Council Meeting - Council Chambers
May 11, 1995
5:30 P.M.
Thursday
Meeting of the City Council with Johnson County Board
of Supervisors - Johnson County Offices
Discuss local option sales tax
May 22, 1995 Monday
6:30 P.M. City Council Work Session - Council Chambers
Agenda Pending
May 23, 1995
7:30 P.M.
Tuesday
Regular Council Meeting - Council Chambers
PENDING LIST
Appointments to the Broadband Telecommunications Commission, Board of
Library Trustees and Design Review Committee - May 23, 1995.
Appointment to the Board of Adjustment - June 27, 1995.