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Home My WebLink About1998-07-06 TranscriptionJuly 6, 1998 Council Work Session page 1 July 6, 1998 Council Work Session 6:40 PM Council: Lehman, Champion, Kubby, Norton, O'Donnell, Thornberry, Vanderhoef. Staff: Atkins, Helling, Dilkes, Karr, Fosse, Franklin, Yapp, Miklo, Klingaman, Harney, McClure. Tapes: 98-79, all; 98-81, all; 98-82, Side 1. Corps Update 98-79 S2 Atkins/This aRemoon around 4:00...Rick routinely checks with the Corps of Engineers on conditions at the Reservoir... 11:00 assessment meeting .... 4:00 follow-up .... We checked .... A combination of the amount of water that the reservoir is letting out is about 8500 cfs .... The Corps of Engineers indicated that they talked about 709 or 712 being the spillway n July 8. Then was revised to about 710 .... In addition to that... weather report... two to three inches of rain... flash flooding along Clear Creek and Rapid Creek .... Estimate that the river could rise as much as 4.7 feet tonight. 4.7 feet places lots of property in jeopardy .... Decided .... We have taken sand and sand bags out to the Normandy area... door to door to the Normandy folks .... O'Donnell/How does that compare to '93? Atkins/ Fosse/In '93 it was 28,300 .... Peak tonight could be as high as 16,000. It was well below the peak in '93 but still high enough that it will affect some properties on Normandy and Taft... The Corps' concem is because of the elevation in the reservoir, they won't be able to be very responsive in throttling back what comes out of Clear Creek and Rapid Creek... They will try and limit the peak at 13 .... Lehman/ Norton/ Fosse/At that elevation we can expect a couple of homes on Normandy to get hit as well as Dubuque Street going under water .... Baculis and Thatcher have built some levies since '93 and nobody is quite sure how they will perform .... Atkins/We had to bring in a number of the crews that were picking up trees to take sand and sand bags to these locations. Rick also arrange somebody on the way to Des Moines to bring back another load of sand bags .... We are sending everything out This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 2 tO N. Dubuque .... The Water Plant... survey crew... identified where the water might be at 4.7 feet. They will be doing some precautionary sandbagging. Most of this is underway as we speak. Lehman/This is all predicated on heavy local rain .... Champion/ .... give the electric company credit .... Atkins/I called my colleague in Des Moines and asked how things were going... had 90,000 people without electricity in Des Moines .... We are kind of falling behind on the brush pickup... We are doing okay. Thomberry/ Atkins/ Norton/What are the $450 an hour chipper look like? Atkins/You have seen our tub grinder .... This one is 12 feet across .... Has 1,000 horse power motor .... It will really chew it up .... They are high maintenance .... Fosse/The sandbags that we had on hand are pretty well gone .... Truck en route to Des Moines... We are buying them from Des Moines .... Sign that says bags should be here by 11:00 .... Lehman/ Atkins/...ground is saturated ....Rick's credit... has in on the computer .... Norton/Floodplain maps .... Tomorrow night... brief us .... Kubby/...Are there other things that could have or should have been done? Fosse/...hard for me to second guess at this point. Thornberry/ Atkins/National guard won't come out until we have exhausted all of our resources .... Monday night .... Norton/...need to have review with you about emergency .... You must have some experience now .... Outside agencies .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 3 Atkins/...have to rely on creativity of your folks. Kubby/Ham radio operators .... Atkins/Generator... Greenbay... Minnesota .... Norton/ Atkins/Some guy in Ohio had purchased all of the chippers that this company produces .... Lehman/Sounds to me that things are pretty well orchestrated. Arkins/...wait and see what happen .... We have other equipment .... We are wearing our folks out .... Norton/What do you do.'? Have to revise our budget now7 Atkins/We will eventually. Champion/Federal money? Arkins/We started keeping books immediately. Once we have the declaration, then out eligibility for federal aid increases .... Kubby/ ....FEMA money .... We need to do some anti-rain dances .... Lehman/ Karr/We have a late addition to the Consent Calendar and Ben is here .... Addition to the Consent Calendar 98-79 S1 Karr/Ben .... Ben Barrientes/Good evening .... My wife, Carol, and I are owners of Car6 La Perlira, 327 E. Market .... Hoping you could add a request for a special Class C permit to be added to your agenda .... Tomorrow. Karr/All the paper work is in order. Lehman/Very good. Barrientes/ ....La Perlira .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 4 Review Zoning Matters 98-79 S2 a. Consider a motion setting a public hearing for July 28 on an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article V, entitled "Minor Modification Procedures," to allow the height of free-standing signs to be increased under certain circumstances. Franklin/First item is to set p.h. for July 28 on an ordinance amendment to allow the height of free-standing signs to be increased by minor modification .... b. Public hearing on an ordinance amending Title 14, Chapter 6, Zoning, Article K, Environmental Regulations, Section 1, Sensitive Areas Ordinance, to add a retention requirement for woodlands in Factory-Built Housing Residential (RFBH) zones. Franklin/P.h. next time on amendments to add a retention requirement for woodlands in RFBH .... Development potential of a manufactured housing park .... How the Sensitive Areas Ordinance would apply that there was no provision for woodlands retention which was an oversight when we originally did the ordinance. Lehman/I looked through the various zones... Manufactured Home Parks are generally RS-8 or 12, the density? Franklin/I don't know. It is around there .... Lehman/The proposed requirement is the same for s.f. dwellings. Is that appropriate when the density is the same for multi-family? .... Franklin/It is considered s.f. Lehman/The density is the same as multi. Franklin/It is also the same as an RS-12. It may be less than that .... Typical lot size... about 4,000 square feet .... That is somewhere between 8 and 12... comparable to what is required to RS-5, 8 and 12. Norton/Certainly RS-12 .... Vanderhoef/ .... 50 was still going to be okay. c. Public hearing on an ordinance changing the zoning designation of approximately 22.2 acres from Public (P) to Public/Intensive Commercial (P/CI-1) for property located at 1801 S. Riverside Drive. (REZ98-0005) This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 5 Franklin/P.h. on a rezoning of 22.2 acres from P to Public Intensive Commercial. This is for that piece of ground between the two areas that are already zoned P/CI- 1 noah of the Airport... enable us to go forward with the noah commercial park. Norton/What does it mean when it has two categories? Franklin/That means that it is still publicly owned land, but any development which goes on it must comply with the CI-1. Norton/ Franklin/It is to indicate to anyone who buys property... it is publicly owned. d. An ordinance changing the zoning designation for 6.53 acres from Low Density Single-Family Residential (RS-5) zone to Sensitive Areas Overlay (OSA-5) zone for property located at 2727 Rochester Avenue. REZ98-0006) (1) Public Hearing (2) Consider an Ordinance Franklin/A p.h. on rezoning and first consideration of 6.53 acres on Rochester Avenue from RS-5 to OSA-5. This is for a s.f. residential development. Do you need to see the overhead for this? Kubby/Yes .... Neighborhood concems .... (All talking). Franklin/The issues here had to do with Lot 5 and the orientation of Lot 5. We have kept it such that it is oriented to Rochester Avenue but with redevelopment of that lot... turned around (refers to overhead). Stormwater management, we looked at having it off site in an existing stormwater detention basins to the south. That could not be worked out... It is retained on site and basically... Lot 12 and 11 .... Buildable area will be constrained. Open space, it is fees in lieu of dedication of open space. The buffer here that is being put in will be adequate to buffer these lots from Rochester Avenue .... The Grading and Erosion Plan .... is okay. Vanderhoef/Is it going to be a 4 or 8 foot sidewalk coming down from Rochester? ..... Franklin/...I think it is probably a 4. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 6 Norton/ Franklin/It is a four foot sidewalk .... Norton/Does Julie have to be out there a lot with the Sensitive Areas? .... Franklin/Certainly when the improvements are put in .... It is pretty rough here on the south end of this one .... This is one that expedited consideration has been will also be the resolution for the prelimin~ plat if you choose to. Kubby/How come not on the 28m? Fr~li~ You can if you choose to. That is up to you. No~oW Do the 1st tomo~ow night ~d do 2 and 3 on the 28th and be done with it. (All talking). Fra~liW We have ~ agenda Br Thursday. K~/We have a special Bmal meeting an~ay .... You had goRen a request the last time... w~ted this paaicular one expedited... Mayor indicated .... We have a request .... Number of P/Z noncontroversial items on the 9th .... YOu c~ ceaainly not act on that ~d defer it or give it one reading ~d not collapse it .... Kubby/...t~s is double expedition .... To do it all in one week, I feel ~comBnable about that... Chmpio~ I don't .... Nono~ Kubby/I thi~ that is circ~v~nting our set up process. No~o~ P~ly because of our canceling s~veral meetings that caused th~ problem. Thombe~/ .... noncontroversial .... Le~a~ We will be meeting on the 9t~ and we c~ decide .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 7 e. An ordinance amending Title 14, Chapter 6, Zoning, Article A, Zoning Title, Purpose and Scope, Section 4, Scope, to allow more than one principal building on a lot for religious institution uses permitted by special exception in RS zones and the RNC-12 zone. (1) Public Hearing Consider an Ordinance Franklin/Next item is an amendment to the Zoning Ordinance to allow more than one principle building on a lot .... Religious institution uses .... Looking at a potential addition to Regina and they wanted to put up a small modular building to the rear of the existing building. The reason for having the one principle building on a lot in s.f. residential zones is so that you wouldn't have two dwelling units on a single lot. Seemed to us .... It was probably onerous for religious institutions and the schools. And they have to get special exceptions anyway .... Board of Adjustment review process .... We are recommending that you approve this to allow more than one principle building for religious institutions. Vanderhoef/The All Baptist Church did end up connecting theirs, fight? .... Franklin/The Korean Baptist, yes, they did .... Thornberry/Will they still have to go through the Board of Adjustment to put more than one building on? Franklin/Yes .... Expansion... requires that you go through the Board and Regina has been through the Board already and has an approval subject to this change. f. An ordinance vacating Second Avenue Court, located between First Avenue and Second Avenue, north of Muscatine Avenue. (VAC98-0003) (1) Public Hearing (2) Consider an Ordinance Franklin/Walgreen's Project. Only issue... vacation... issue of the light... memorandum from John regarding what the ambient light is in this area and what we would like to show you tonight is what .8 foot candles are. John Yapp/We figured out if we dim all the lights in the room except for this indirect lights up here... at about .8 foot candles .... Light measuring tool .... This is what it would look like at the property line... where the sidewalk is .... (All talking). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 8 Yapp/..right now there is about .2 or .3 around the perimeter... not much light right now. This we feel is adequate... security... safety but it is not so bright that it is an intrusion across the street .... This is the direct light .... You are still going to see the parking lot .... Drops off pretty quickly. Vanderhoef/How are you measuring what is across the street? Yapp/You can angle this measurement .... Kubby/So what will the legal papers say about lighting? Franklin/Right now in the ordinance it is 1 foot candle. Not to exceed one foot candle at the property line .... Comfortable... anywhere between .8 and 1 would be adequate... safety and then also taking care of the issue of spill over light... I think what we would recommend is that you stick with the 1 foot candle at the botmdary .... Vanderhoef/Have you thought anything about putting on a minimum standard on for safety purposes? Franklin/We haven't. John and Julie Tallman have been doing some research to look at performance standards for the Code .... Looking at the maximum at the property line. We could also... look at a minimum for safety reasons within a commercial area .... Businesses are generally going to take care of that themselves .... (All talking). Thomberry/I don't know what too bright is .... To a business owner it may not be bright enough... Franklin/What we have concerned ourselves with ...what the spillover is on people that are outside the commercial property. Kubby/How do you measure? .... I am sure getting the effects of that 1 foot candle at the property line a half block away .... Thornberry/ Norton/ Franklin/Then you are talking about some measure that is other than at the property line .... On the site and the light pollution of it. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 9 Kubby/...people being able to use their property the way they were before. It is a disturbance, a nightly disturbance .....seems inappropriate somehow .... It has decreased the use of my property .... Franklin/With the HyVee we are getting .8 at the sidewalk on the eastside of First Avenue. A .5 or .2 on the other side of First Avenue. Kubby/Maybe it is not foot candles I am concerned about. I don't know how to measure what it is that I am concerned about .... Norton/...If you permit these things at all, you are going to have an impact .... Over whatever reasonable sight distance .... Does change the situation, no doubt about it. Kubby/So will HyVee buy me curtains for my house? Should we require that7 Norton/...There is no way to avoid the problem that you are alluding to. Franklin/ Kubby/ Franklin/What I do need from council tonight so that we can have the proper ordinance before you is what you want in the ordinance, 1 foot candle or less? Kubby/I prefer less than 1. Thornberry/1 was pretty reasonable. Norton/I will go with 1. Lehman/How many are satisfied with the 1 ? .... 1 it is. Norton/Need to look at screening issue... close to residential. Champion/Why do they put the lights so high? .... Thornberry/...it is going to be very bright .... Norton/We need to look at our Zoning Codes to make sure the screening requirements are tight enough to deal with those situations. Kubby/...prefer evergreens over deciduous trees... year round protection. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 10 Franklin/Other thing to do .... Proximity... juxtaposition of land uses .... g. Consider a resolution of intent to convey vacated portions of Second Avenue Court right-of-way located north of Muscatine Avenue and west of First Avenue to The Place/Commercial Real Estate, the redeveloper of the subject property and owner of all abutting properties, and setting a public hearing on said conveyance for July 28. Franklin/Consider a resolution of intent to convey Second Avenue Court and sets the p.h. for conveyance for July 28. h. Consider an ordinance vacating the northern 200 feet of the alley between Lafayette Street and Benton Street, west of Dubuque Street, Iowa City, Iowa. (VAC98-0002) (First consideration) Franklin/First consideration of the vacation of the alley at Lafayette and Benton .... Near Hawkeye Lumber. i. Consider an ordinance changing the zoning designation of approximately 5.4 acres from Community Commercial (CC-2, 2.4 acres) and General Industrial (I-1, 3.0 acres) to Public (P) for property owned by Kirkwood Community College at 1806, 1810, 1814, and 1816 Lower Muscatine Road. (REZ98-0003) (Pass and adopt) Franklin/We have pass and adopt on the rezoning of the Kirkwood Community College property on Kirkwood Avenue. j. Consider a motion to forward a letter to the Johnson County Board of Supervisors recommending that a request to rezone 2.0 acres of property from Highway Commercial (CH) to Planned Commercial (CP2) for property located in Johnson County on the south side of Highway 1 at Landon Avenue, be approved. (CZ98-0029) Franklin/Last item is a letter to Board of Supervisors recommending that a request to rezone two acres of property from Highway Commercial to CP-2... be approved. This is a request for a commercial zoning that we looked at before on the other side of the highway .... Told them at the time that we had problems with access. It was also not consistent with the Fringe Agreement .... There will be no additional access points to Highway 1. So we are satisfied with the solution. Norton/Wasn't there some talk... odd comer that is not annexed .... Maybe we ought to look at that question and get that cleared up... On the south side .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 11 Franklin/Oh, that. (All talking). Norton/It would be nice to get that cleaned up ....Entrance ....That is a pretty key entrance. Lehman/Hargrave... is not in the city .... Thornberry/But the property next door is in the city to the noah and to the south .... Lehman/ Franklin/All of that propeay that you are talking about, I think, is within the growth area and potential for annexation at some point in time. The Hargrave, McElveney, Hagans .... All involved in a lawsuit regarding the Airport and we didn't .... It is all commercial. We have not pursued that annexation again with the property owners .... With Mormon Trek, we will be bringing to you... South Central District Plan... from 218 east along Hwy 1 .... Down Riverside Drive .... That whole area... potential for annexation. With the Willow Creek Sewer going in... heat up in terms of desirability for development ..... Thornberry/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 12 Review Al~enda Items 98-79 S2 1. Kubby/(Agenda #6-Municipal Infraction Violations)Municipal infractions. Thornberry/We now have $75 for 1st offense, $150 for second and $250 for third. We can go up to $500 for first, $750 for second, and subsequent .... It has been proposed that we do $100 for first, $250 for a second, and $500 for a third. I think $100 for a first offense is too high. Kubby/I agree. Thornberry/Maybe $250 for a second and $500 for a third but the first one, $100 is a little high. Kubby/What are some examples of municipal infractions? .... Dilkes/A simple misdemeanor is a crime. Municipal infractions for violations of our ordinances that are not crimes .... Frequently for housing and building violations. These amounts were requested by H.I.S. That is where the amounts came from. Kubby/What are some examples of non-housing issues that are municipal infractions? Dilkes/ ....There was an excavation in the r.o.w. that had not been filled in .... Kubby/Does that include all of our nuisance ordinances?...weeds, noise? Dilkes/Yes. Kubby/ Norton/Aren't these maximum fines? .... Dilkes/These would be fines for the day .... Champion/ Dilkes/ Arkins/A notice to abate, you have a period of time .... Dilkes/They get a notice of violation .... Thornberry/...miss the notice, it is going to cost you ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 13 Vanderhoef/How many times do we send a staff person out? .... Trying to get... something that equates to what it costs us to put a staff person out to inspect and then go back out .... Where is the level line? Norton/Assuming H.I.S .... staff has thought about this... Does not seem to me to be excessive at all. Lehman/On most municipal infractions... is the person... given the opportunity to correct the infraction before they are assessed the fine? If they are, then I find no problem whatsoever with the $100 fine. Thornberry/On that $100 fine for first offense, is the second offense within a certain time period? .... Kubby/ Vanderhoef/ Thornberry/Are you talking seven years or what? Dilkes/The Code reads that each day a mtmicipal infraction occurs or is permitted to exist constitutes a separate offense. Thornberry/ (All talking). Dilkes/I don't think they are always enforced that way... These things don't kick in usually until we have given a good notice period. Kubby/And we are flexible, too. Atkins/The issue is not the money. The issue is compliance. Dilkes/ Lehman/I don't have a problem ..... Thornberry/...You are sure they get these notices? Atkins/I suspect they are either certified .... Lehman/All we are talking about is a change in the fee ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 14 Thomberry/We have also had problems .... Lehman/Now we are just talking about the amount of the fines .... Champion/ Norton/We vote on this tomorrow. Champion/I am not for it. Norton/I am. Lehman/I am. O'Donnell/I am. 2. Karr/(Agenda #2e(4)-Removal and Replacement of Roof and Insulation on the Civic Center) I received a call from Terry Trueblood .... He would like to delete from the Consent Calendar the accepting the work for the Civic Center roof and defer that until July 28...working out details ....Page 3, Item 4., e.4 of the Consent Calendar. 3. Champion/ .... Summit Street. Lehman/Is that on the agenda for tomorrow night? We can get to that later. Champion/Somebody asked me if I had a conflict of interest in dealing with this because I live on Summit Street. Dilkes/My gut reaction would be no, you don't. 4. Lehman/(Agenda #10- Willow Creek Trail Project) Tomorrow night we are going to deviate ... from regular agenda... ask Steve to give a public a tingemail sketch of what has happened since last Monday... Where we are .... Bringing everybody up to speed- CHANGE TAPE TO REEL 98-79 SIDE 2 Lehman/Vary from the agenda just a little. Kubby/Be sure to say if you can get it to the curb, we will pick it up. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 15 Atkins/Yes. Thornberry/On Item #10 on authorizing the permanent easement for the construction of the Willow Creek Trail Project, it says in here every effort will be made to negotiate acceptable agreements without resorting to condemnation .... I am not sure what every effort is that is made .... Seems like I am having to vote against these trails because of condemnation and I am not against trails. I am just against condemning private property for a non-essential purpose. I would like to at some time vote in favor of a trail but I don't want private property condemned for a trail. Lehman/...There are people who absolutely under no circumstances .... No way you are going to put a trail on my property .... Only way .... Going to have to condemn your property .... Very reasonable effort. Thomberry/But a trail is a non-essential .... Norton/Why do you say that? Thomberry/ .... It is not like a water line... Norton/... sometimes condemnation is done because... tax virtue .... Thornberry/ .... I don't want the public... through my yard. I am just asking how far do you go .... To negotiate? Lehman/I think we do everything possible to not have to condemn property. Dilkes/I think we go to really great lengths to avoid condemnation. Chuck Schmadeke and I spend a lot of time together .... Lehman/Eleanor... (Everyone talking). Lehman/We are going to do Entranceway Overlay Zones in about two minutes. [Council Break] This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Cotmcil Work Session page 16 Entranceway Overlay Zone 98-79 S2 John Yapp/... if you are in support of doing an entranceway overlay zone, that you appoint a task force to study the issue .... Up to now we have been addressing some of the entranceway esthetic issues with conditional zoning agreements as properties are annexed or rezoned. Also the city has begun targeting some public funds for entranceway beautification .... Do you want to appoint a task force to study possible entranceway regulations or other techniques to address entranceway esthetics or alternatively delete the entranceway overlay zone from the P/Z Commission pending list? Lehman/Briefly tell me what you think would be the advantages and disadvantages of having an overlay zone as opposed to the way we are doing it now. Yapp/Advantages would be whatever esthetic issues that the city expects such as landscaping, building design would be spelled out within the ordinance up front. It would not be subject to negotiation as properties are annexed or rezoned .... It would also be consistent along the entranceways. Lehman/ Yapp/Disadvantages would be it applies regulations to properties along certain streets .... You could argue that because the city invests in arterial street... allows for 1,000s of more vehicles per day .... It would increase the value of the property. Thornberry/We are not doing any new entranceways to Iowa City .... The arterials are already there .... I don't think property owners should be treated any differently just because they are on an entranceway... How far is the entranceway extending? Lehman/Dean, you wouldn't spend any public moneys to improve the entranceways esthetically? Thornberry/No .... I think the city should do everything we can to beautify the entranceways .... Kubby/Other possibilities the committee could look at .... I would tend to be open to looking at an ordinance .... Reach our goals... more attractive entrances to our city... How can that $100,000 a year investment be used as a partnership with the private sector besides an ordinance? .... Committee could also speak to that issue. Thomberry/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 17 Kubby/Look at the committee... goal of more attractive entranceways into Iowa City... options to achieve that goal ....Entrance overlay ordinance is just one of those options .... Norton/I want to talk about how this might be done .... Action Plan... Vision 2000...Building and site design guidelines for the entranceways. What does that apply to?...private?... Public or what? Yapp/I believe that would apply to private structures. Norton/How would it be imposed on private structures? .... Yapp/Could be done by this way... other Zoning Code amendments. Norton/There may be some zoning changes in the current code that could incorporate some requirements .... Incentives ....Seems to me there might be different strategies... for different entrances ....I hate to see another bureaucracy created .... Vanderhoef/Various entrances .... Some of them are fully developed .... Entice the places that are already there to do some sprucing up or getting some continuity along the stretch .... Good. There are some of these that have a lot less to be developed... Do in our Zoning Ordinance rather than an overlay ordinance .... Same things that I listen, that you folks .... Negotiate .... Attractive .... Not take away their choices. Champion/ Norton/ Vanderhoef/Each entrance is going to look different. Thornb erry/... Hargrave' s .... Norton/We have already got some ordinances that help control setbacks and screening and lighting... signs .... Kubby/If we want to do something different... How will we determine what the options are? .... Staff... committee... Who is going to do the work of giving us what the options are? .... Norton/ .... South Central Plan... covers Hwy 1 .... In that Plan they must be doing something about what that intersection out there at Mormon Trek is like .... How they actually implement it ....Can you get anywhere within the present Zoning Ordinance? .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 18 Yapp/As far as entranceways, there is not unless there is a rezoning .... Kubby/... a lot of people in town who like these short term projects .... Exploring an issue in-depth and giving us some recommendations .... Volunteer positions that people are willing to try. Thornberry/ ....McDonalds... Mormon Trek and Hwy 1 .... Kubby/ Norton/ Thornberry/ Lehman/Would it be reasonable to ask a committee .... To look at the problem that we perceive... in our entranceways .... Deer Committee... looked at various options... gave council what they felt was the best solution to the problem .... Let them look at it and recommend to us, yes we do think we should have a minimum set of standards separate from the Zoning Ordinance or we need to change the Zoning Ordinance .... Property owners should know what we expect from them .... An ordinance or rules that specify how this property will be developed should be beneficial to both the city and the property owners. Norton/... some incentive to get them to do it. Lehman/I have every confidence that a committee like this would really look at the options and come back to us with a recommendation. Thornberry/I like that idea .... Take what you do now... give them some inducements... As far as the entranceways to Iowa City, I think the city is way way behind in beautifying the area that is city property. Lehman/Do we agree that it would be a good idea to let these folks? Thornberry/I have no problem with that. (All talking). Lehman/John. Let's do that. Yapp/Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 19 Kubby/We may have different needs in different entranceways. Lehman/ Norton/There are four of them that are pretty decent and there are four of them that stand out and need some work .... Lehman/Can we set this up? Can we just tell you that we agree with the concept or setting the committee up. Yapp/With the folks on the list there at the end of the memo? Lehman/Is everyone in agreement that people from this list should be included on that committee? (All talking). Yapp/Is there anybody missing? Vanderhoef/I wondered if you wanted to put a Realtor on it? Yapp/We can. Vanderhoef/ Kubby/Might be good to have someone from the Design Review Committee. Yapp/There is a danger of the committee getting too large. Thornberry/Who are the property owners on this list that might be affected? .... Yapp/I am not sure there are any on that list ....property owner and a Realtor? Thornberry/At least a property owner. Lehman/A property owner should be recognized somewhere. Thornberry/ Yapp/There are a few business owners that came and spoke on the issue .... I can contact them. Norton/Find someway .... Would you put in .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 20 Lehman/John, let's do it. Set up the committee. Yapp/We will keep you informed. Lehman/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 21 Public Notification for Planning and Zoning Items 98-79 $2 Lehman/Public notification for planning and zoning items. Klingaman/...go through the memo that you received from us .... Research .... Respond to the Neighborhood Council's request to look at the way that we currently look at the way we currently notify the public about Planning and Zoning issues, city council, Board of Adjustment .... Issues... need some guidance. First is the development of a list of procedures for public notification .... Nothing really official being developed at this point .... Neighborhood council feels that it is important to pull something more formal together .... Next three items .... Posting the signs, who posts them and when they are posted .... We post signs on the .... Properties six to eight days prior to a formal P/Z meeting .... Developer...they are responsible for posting them... (presents sign)... required to be posted on the property in a somewhat obvious location ..... Norton/Six to eight days... isn't that relatively short? Klingaman/It is very short .... Whole process that Iowa City uses is fairly short .... Norton/I am having trouble hearing ..... Klingaman/One thing the Neighborhood Council felt was not necessarily essential in this whole process ....Variations... notice.. getting it out sooner ....Negative consequences .... Changes .... Lehman/I read somewhere in this .... 3-4 weeks ago... redesign of Benton Street .... Read where signs should be legible as you are driving by. You could not read those signs driving by at all. Klingaman/That was an experiment .... First time... Benton Street .... Lehman/Too small .... You did get a lot ofpeople's attention ....Because they couldn't read them. Klingaman/We learned a lot .... Lehman/I think people did make a point to walk up and read them. Norton/Are you trying to resolve any of these as we go along here? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 22 Klingaman/Yes, particularly these next two items .... We need your comments. Two variations on how and when the signs can be posted. The first option is basically get the sign up... more specific and is updated on a regular basis .... Put date of meetings... city council... make that change .... We estimated it will take four to eight trips .... Let's everybody in the area... what is going on on a regular basis. The next scenario puts the responsibility more in the hands of the public. It suggests that an application has been received, that some review process is going on .... Contacting the Planning Department and getting on a mailing list ..... We would be sending out information to them on a regular basis .... Kubby/That information would be clear on the sign .... Klingaman/Basically that there has been an application received for this type of land use change and to contact .... There may be some variations in between .... Posting signs, period, is not real common .... With this proposal... focusing a lot of energy into signs being the major source of communication .... Vanderhoef/..I had a conversation today with Karin Franklin .... I read this... thought there was a whole lot of cumbersome... overuse of staff.... Overtime... It didn't appeal to me... What is our goal here and what are we trying to do? ... construction hotline... sign only has your telephone number .... Updated on a timely basis .... Hotline... leaves it available for anyone in the city... to access information... Puts it back to them .... Every time we have meetings... Only one letter go out what the time of when it goes on the agenda .... Everything else could be done without all of these trips.. Staff time is just so valuable. Norton/Try a generic sign .... Let them call in .... Vanderhoef/But they are calling into a staff person ....Timely information could be a daily kind of thing to happen. Lehman/I think the average person who calls doesn't just want to get on a mailing list... have specific questions .... I think people want answers .... Kubby/Some logistics .... Vanderhoef/I would like to investigate it... simplify and speed up the process of getting information out. Kubby/Direct mail is effective .... Vanderhoef/Towards the end of the process... letter... But early on .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 23 Thornberry/But if you call the first day ....Four days later and get a different message .... Vanderhoef/Within a neighborhood... If there is one source .... Every single time .... Message would get updated ..... on the telephone.. Everybody is getting the same message .... Faster. Thornberry/ Vanderhoef/One staff person changing the message .... Norton/Several meetings .... Considered .....message changes .... Updating that message. Vanderhoef/Same thing would be available .... Home page .... Klingaman/Regardless, there is still going to be a need for people to receive a staff report, the site plan .... Evaluation ..... Norton/They are going to have to have an option to get to a human being .... Lehman/What is your recommendation? Klingaman/I would prefer to keep it more genetic .... Get a mailing list set up and continually funnel information... It is really not as time consuming as you would expect. Lehman/Wouldn't we be well-advised to try that .... Fine tune it to do a better job ....I certainly value your opinion .... Klingaman/Puts it back in the hands of the public .... To receive the information... combine it with a web page and a hot line... Lehman/Your call... see what you need and don't need .... Thornberry/Do you have an example of a genetic? Klingaman/No .... I think we can put something on it to suggest that there is a land use review occurring. Kubby/A reusable and weather proof sign .... Klingaman/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 24 Lehman/Let these folks do what they feel is the right thing... let us know how it works out. Why don't they tell us? They know more about it than we do. Norton/ Klingaman/Go ahead and jump to the size of signs... a little bit bigger ....Lettering is going to be larger... pre-printed... a cost to these .... Vanderhoef/Are you talking a contractor putting them out and returning them? Klingaman/Staff.... Actual sign will cost something .... Miklo/ ....suggesting providing frames like this .... Klingaman/... other options.. deposit .... Council/(No.) Lehman/It is our responsibility to see the signs get put up and we should do that. Thornberry/ (All talking). Norton/How far do you want to go? Klingaman/300 feet... includes public r.o.w. (All talking). Klingaman/300 is a good average .... Other variation .... When notification letters are sent out and right now what we do is send them out typically on a Thursday or Friday a week before the P/Z review or Board of Adjustment. That's not a lot of time. What we could do is go ahead and be very generic in what we are doing and say there's been a land use application request. Contact this phone number if you want to be on a mailing list to keep updated with it. That would give... almost three weeks, two to three weeks notice... Norton/...How many mailings will they get?... Klingaman/Initially, and if they wanted to get on the mailing list, they'd probably get the staff report. They'd get the agenda, and then from there on out, it's a matter of how many other reviews occur. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 25 Vanderhoef/Too much. Lehman/But they'd have to ask for that. Norton/It could be too much... Kubby/It's only people who call though. Klingaman/Yeah, and that's what we don't have no idea, what kind of response we're going to get. Norton/ Vanderhoef/Sending them to the neighborhood associations, not the individuals. Klingaman/I routinely send them to the neighborhood associations if the property is in their area or adjacent to it. Vanderhoef/So we are increasing considerably the amount of mailing and staff time and notification. Klingaman/Sure .... Going to have to keep track of it as we go along. Champion/I think it is a good idea. Kubby/People are so busy. To have increased notification is really important .... Life is too busy .... Lehman/ Norton/So you will start as soon as the application is filed .... Klingaman/If that sounds good with you. Miklo/If we do go with the larger signs, expanded notification in terms of mailings, that will increase our costs. The memo does have some estimates in there. We haven't raised our application fees for rezoning or subdivision since 1990 and we are suggesting, to cover these costs, to increase the fee by $25 per application .... Consideration to upping that for inflation on an annual basis. Lehman/...that is fine .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 26 Miklo/Raise it $25 now and then each year from now on it would go up... cost of living index .... Kubby/Right. Miklo/If you wish to consider raising the fees, we would come back with a resolution to do that. Lehman/Okay... we all agree... good job, thank you .... Franklin/(Can't hear). Klingaman/One request that the Neighborhood Council was to include subdivisions in the notification process. We do not do that now .... Technical review rather than a land use review .... Neighborhood Council feels that it can have an impact on adjoining properties in terms of lots lines .... Kubby/I think at a minimum we should put the signs up and then people can call. Miklo/We do put sign up .... Lehman/ Norton/You do some subdivision review now? Klingaman/Right. Norton/I would say put the subdivision review in .... only $12 .... Klingaman/ Vanderhoef/If they come in and subdivide and it is already zoned that way, staff has some review.. But as far as making major changes, we don't have that flexibility. Kubby/How does that go with our Good Neighbor Policy? .... neighbors could negotiate .... Vanderhoef/Good Neighbor Policy is the developer working with the neighborhood on that... a choice .... We strongly recommend that they do this and work with the neighborhoods but there isn't anything that says that that has to happen. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Cotmcil Work Session page 27 Kubby/The Good Neighbor Policy is an initiation by the developer. The notification would allow the neighborhood to initiate that conversation with the developer because they have notice that it is happening .... Power through information .... Champion/ Vanderhoef/When the subdivision sign goes up... when the application goes in. Norton/...couldn't hurt ....Be nice to let them know what is happening. Kubby/...helps relieve anxiety .... Call in to get continued information .... Klingaman/Are there four people who want the subdivision included? Council/(Yes). Klingaman/Other thing we need to talk about is the Good Neighbor Policy and requirement or suggestion that all OPDH developments be required to have neighborhood meetings... staff suggested .... Encourage that to happen but not necessarily require that all OPDH's be included. Lehman/I think requiring a Good Neighbor Policy is a little tough .... Encouraging it makes it valid .... Encouraging it is the right word. Klingaman/The ordinance does require now that less than two acres for OPDH designs require neighborhood meetings. Do you want to keep that? Lehman/That is fine. Norton/ Klingaman/Thanks. Lehman/Thank you. Kubby/So an OPDH that is small requires a neighborhood meeting but a big one doesn't require7 Lehman/Doesn't require a Good Neighbor Policy. Kubby/Based on the acreage of the OPDH? Norton/Yeah. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 28 Kubby/Why shouldn't all of those? .... Miklo/The intent of that one... was that less than two acres, most likely going to be in- fill in an established neighborhood and that is why they had that 600 feet notification neighborhood meeting requirement. Kubby/Is that being lived out? Miklo/We have had very few that have been less than two acres .... Kubby/Have the ones that have been larger, have they had neighbors around them? Miklo/Yes but not generally established all around. They have usually been on the edge. Norton/I thought you had to have two acres to get an OPDH ..... Miklo/I think you have to have at least one acre... less than an OPDH, you can't do an OPDH .... Kubby/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 29 Airport Terminal Renovation 98-79 S2 Lehman/Airport terminal renovation. Atkins/I guess we are not going to do that tonight. Lehman/I don't see anybody. Atkins/ [See Airport Terminal Renovation after South Sycamore Regional Stormwater] This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 30 McLeod Cable Franchise 98-79 S2 Lehman/Let's do McLeod cable franchise. We can do that one now. We have a request... placed on the November ballot, is that correct? Helling/You got a copy of the letter. That is all we have so far. What we are trying to do is put together information and we should get a response out this week indicating to them more specifically what the timeframes are and what has to happen. What generally has to happen is that we have a deadline of August 26 to authorize or direct the Auditor and Clerk to put language on the ballot. So you have to pass a resolution directing that... Last meeting before that happens to be August 25 .... Requires that we do this by ordinance... We would have to.. come up with a brief ordinance... reference the franchise agreement... have to be finalized long enough prior to the 25th Of August to hold the p.h. and you would have to expedite consideration on the ordinance. It looks like... At your next meeting .... 27th would be to set a p.h. for sometime early to mid August and then hold the p.h. and give the first reading at that time... At your August 25th meeting, collapse the 2nd and 3rd reading in order to get this on the ballot for November. Kubby/...some of the same issues that is in our current franchise agreement in terms of public access, franchise fee, notification... everything. Helling/Federal law requires the level playing field concept. Generally .... A franchise agreement that is very similar to TCI. Lehman/I talked to- CHANGE TAPE TO REEL 98-81 SIDE 1 Lehman/Minimum standards would be identical for both TCI and McLeod. Helling/For the major issues... design... yes, they would have to be very similar. Kubby/Competition is welcome. (All talking). Thomberry/ Atkins/What exactly is the public deciding by way of the referendum? Helling/The public decides whether or not you authorize the issuance of a franchise to McLeod .... We can only franchise the cable t.v. portion .... New state law says we cannot franchise telephone service. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 31 Kubby/But we don't have to have a vote for TCI's franchise. Helling/We did on the original .... Doesn't have to go back for renewal. Atkins/The vote is binding in the sense that the council is obligated to say you have an affirmative vote, here is your franchise? Lehman/They don't have to build it. Atkins/They don't have to pay tax on it? Helling/What you would have is a negotiated agreement that would not be executed until such time as the voters approve and give their authorization to enter into that agreement. Then the potential franchisee .... As long as they live up to the terms of what was put before the voters, I think you would be obligated to grant that franchise. Thornberry/On the current franchise for TCI, when does their contract come up for renewal?... Can that contract with them be changed at the contract renewal time? Helling/We negotiated an agreement .... 10 year franchise, we are about in the 3rd year of it .... Champion/..the voters pass it, what we are doing is opening up the competitive field. Helling/Our franchise with TCI is non-exclusive by law .... Norton/What is the logic of putting it on the ballot... state law...? Lehman/ Atkins/For public information... If the public votes... yes to McLeod, that doesn't guarantee they are coming to town .... Granted you permission .... Lehman/Enabling legislation. Helling/You would have essentially a negotiated agreement... Atkins/We do not have a negotiated agreement prior to the November election? Helling/Yes, we would have it prior to August 25th. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 32 Dilkes/We don't have an executed agreement. We have a meeting of the minds as to what the terms of the agreement are going to be. If it passes the ballot, McLeod could choose not to execute it. Atkins/You are asking us to negotiate an agreement with McLeod, a handshake agreement? Dilkes/We are going to have a written agreement that is attached to the ordinance that goes to the voters. Atkins/In detail... and that is without public heating? (All talking). Helling/There would be a p.h .... Atkins/You have six weeks to put this together. (All talking). Kubby/ Atkins/Nothing less than the TCI agreement .... Lehman/Nothing more than that would be required. Norton/Too bad you can't improve on the other one. Thornberry/The agreement would be essentially the same. Lehman/...they have got to be on the same playing field .... Atkins/ Thornberry/They could say we are willing to give the same service .... (All talking). Atkins/You are asking staff that we begin the process of negotiating with McLeod assuming we vote on this favorably tomorrow. Lehman/I don't see there is much negotiating. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 33 Kubby/The minimum is the current franchise .... It is to our advantage to try to get something more. Atkins/...what is the role of BTC, what is the role of council? I don't know if you want Dale... policy decisions. Kubby/ Champion/...not very much time. Helling/If there is very little negotiation, we probably have time .... Would require at least one special meeting.. Council... We need to give them a time frame... Lehman/I think we have to be totally fair .... Very little negotiations ....Same ....TCI .... Vanderhoef/Things have changed in the last three years .... Atkins/Public expectation of McLeod is that .... 500 channels .... That is not what I am heating .... All we are doing is granting them a franchise that is substantially .... What are we to gain by that? If the agreement is set, where is the competition? (All talking). Thornberry/ Vanderhoef/...seven years... two cable operators .... Lehman/Make contracts... same time. Norton/We ought to turn this over to BTC... urged for years that we get a second option in here... tum over the mechanics .... Atkins/...life ....Bigger risk at seven years depreciation .... Kubby/At a minimum we don't want it any less than the current franchise... We want to know what are issues of our current franchise .... They need to give to us what are the other things we should be asking for. Champion/ .... competition .... Kubby/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 34 Helling/ .... federal government... make it a level playing field .... We are very limited on what we can do .... Norton/Does entail another bunch of wire? Atkins/You bet. Helling/ Norton/Two more things to fall down in the storm. Champion/ Lehman/Okay, do we know where we are? Probably not. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 35 South Sycamore Regional Stormwater Facility 98-81 S1 Lehman/...Rick .... Jeff (All talking). McClure/Who wants a recap on this? Anybody? Want me to go through the whole thing again or just go from where we are. Lehman/Give us a thumbnail sketch. McClure/At the south end of town we have a different way of tackling stormwater management rather than requiring developers to build individual onsite stormwater management facilities .... Address stormwater management before development occurs and create a regional stormwater management facility and that way we can address the drainage issues before development occurs .... Enhance it as well .... We have one continuous basin regulated and owned by the city ....Trails, wetlands, prairie grasses, things of that sort ....Nice park feature at the south end of town ....Several other wetland features ....This is just a much larger one.. great enhancement to this area .... What that is (presents map) .... You have Sycamore Street on he left hand side... Whispering Meadows... Sycamore L... soccer site access road .... Proposed parkway that will go through and connect the Saddlebrook area to Sycamore Street .... area, several properties... develop over next few years... topography has little veaical relief.... When these propeaies to the noah develop .... They would have trouble finding a place to drain .... We are creating a level drop all the way from the wetlands to the south all the way to the noah .... Collect stormwater runoff off of Sycamore Street .... All of these properties as well .... (refers to map) .... Drainage facility .... Free flowing water all the way through... several wetland pools along the way .... Wetland plants... prairie grasses... trails ....It will also tie into the regional trail system for Iowa City .... Norton/How wide is this greenbelt here? McClure/About 100 to 200 feet wide .... It is wide .... For providing trails, prairie grasses, trees .... When we talked with the property owners .... Safety ..... Went to the propeay owners .... Fears for in a residential neighborhood .... Deep water... widen up the channel... decrease depth of the water .... Deepest surface is 18 inches. Lehman/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 36 McClure/It is going to handle a 100 year storm .... Because we are not providing for any detention, we are letting water flow on through, it was designed for a 100 year storm .... Norton/What do you call the holding basins? .... McClure/There will be some spillways and that is where the water will back up behind, 18 inches deep .... Water will flow over and trickle on down .... Overview of the project .... Working with the property owners... stages where we are going to go on with some hefty stuff. Where we are to date... construction drawings are about 90% complete. We are ready to turn in the Corps of Engineers 404 permit application .... Lays out some pretty hefty commitments on the city' s part of what we intend to do .... I will elaborate on that... Council has given us permission to go ahead and obtain the property that we need to to get this project done... appraisals done .... Negotiate with the property owners .... Lay this out... let you know this is where we are. From here, what we are going to be doing .... Committing ourselves to about .... Year 2005 and a total of about $2.25 million to be spread over that time period .... Construction... consultant fees...wetland plants... inspection... every year and turning in a report... replace the plants... Wetlands already existed in this area .... Impacting... required that we go to all of these steps .... There is about 8 to 10 acres ofwetlands .... When we are done, there is going to be about 20 to 25 acres of wetlands ..... Future... contracts with consultants to do the inspection, construction, monitoring .... Kubby/We expect to recoup half of the cost through fees as this land develops? McClure/That is correct .... It is going to be a tap on fee .... Also sanitary sewer .... Put out the cost for construction, engineering fees .... Developer would have to pay out of his own pocket .... Plants.. trees... trails.. city will take on... Not something we expect the developer to do as a regular stormwater management. Lehman/The area you have outlined in red... This services that entire area, is that correct? McClure/Yes. Lehman/Is there anyway that we insure all development that takes place in that area will pay their fair share as far as the cost? .... A legal way to see to it that we don't spend a lot of money and then have people benefit from the money that we spent without paying for it? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 37 McClure/I imagine .... As far as we know... we can implement the tap on fees in a similar way... flat rate for all of the property owners... so much per acre that they have to pay .... Dilkes/I anticipate that we will do as we do the sewer taps on and water main extension fees and those kind of things... address those in the legal papers. Lehman/We then would require development in this area to use this system for their stormwater? .... Could they do that and not use this? McClure/When developers come to the Engineering Department... with their developments and they include the subdivider's agreement and in this is outlined what is the condition of developing this area .... Dilkes/Part of the subdivision process ....Fair amount of control over insuring there is appropriate infrastructure .... Kubby/That they wouldn't have an option of providing their own infrastructure? .... Thornberry/ ....make it a requirement that this is part of the development... still got a fee. Norton/We wouldn't want a bunch of separate efforts to capture their own stormwater .... Dilkes/Is that really a realistic probability? Vanderhoef/...this is part of our infrastructure ..... Dilkes/I think they would likely be required to pay the fee regardless. (All talking). Dilkes/ ....Is it at all likely that somebody in this area is going to build their own stormwater management facility? .... McClure/People can do a lot of things that don't make sense .... I don't want to say for sure. Dilkes/...At some point it doesn't make sense. McClure/By creating contiguous stormwater management .... We create a bigger project that can be done for less money... All indications has shown .... The cost for the developer have been decreased going with this route .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 38 Kubby/...if they have to pay fee anyway .... Lehman/...Would they have to pay the fee anyway if they made their own pond? Dilkes/I think we can create the ordinance so they have to pay the fee. Lehman/ ....as long as we know. Kubby/ ....We need to recoup half of the cost. Vanderhoef/One more question on costs. Since typically there are retention basins on individual properties .... Care .... Property owner... association or someone but it is not the city's responsibility. Correct? McClure/Typically. Vanderhoef/What we are looking at is future costs for stormwater management. Lehman/It will become parkland. Vanderhoef/ .... care of the park area .... What do we have built into this for the maintenance and care of the water? McClure/At this point, nothing. Vanderhoef/ McClure/...up for discussion or for Rick to answer that. Norton/Somebody is going to have to go along and pick the junk out of that channel .... Fosse/We are getting into some of these same obligations with our Water Plant site and Peninsula Property and we are trying to look at the best means of dealing with all of those sites .... Mention, some of those things that are above and beyond the stormwater function .... Trails, plants... may be some opportunities for some grants ....Get some money to further bring the city's investment in these projects down. Lehman/...going to be public land and we are going to maintain it. Fosse/Yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 39 Kubby/Is this design an easy maintenance design? .... Fosse/Lon is already thinking about those issues, isn't he? Slopes will be gentle out there .... Norton/Boy Scouts .... Vanderhoef/Is it possible to incorporate something that is to do with maintenance that is put into its own fund ..... build it up and let it generate money for future years .... ? Kubby/Usually homeowners' association .... Vanderhoef/...If we say they have an obligation for maintenance for next 20 years for stormwater management part of it .... Legally have X number of dollars put into a fund for future use? Dilkes/Grayer area... wouldn't be prepared tonight to say we could do that. Norton/Ought to consider it .... Perpetual maintenance .... Fosse/...Do we maintain the economic viability of this .... Push that per acre cost significantly above ....Start to get real resistance ....Jeff mentioned Whispering Meadows... Show you Civil Engineering magazine .... That is our Whispering Meadows Project .... Vanderhoef/Would you put a copy of that into our next packet? Fosse/Yes... In the context of use ofwetlands for sanitary sewer treatment .... I will get that out to you. Kubby/I guess we are at the point of saying yes, go ahead, we want to know if it is possible to put some maintenance money in and- Champion/ Dilkes/Are there four of you who want us to look at that, the maintenance issue? Champion/I don't. Kubby/Yeah... we should take a look at it. Champion/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 40 Norton/I want to be clear what we are saddling future council with .... Kubby/Up front costs are easily handled. Dilkes/I am asking if there are four people who want us to look at it? Thornberry/Isn't this a fairly low maintenance project? Fosse/Early years... pricey ....Long term ....Cutting edge ....It is a matter of keeping the trails in good shape ....Keep the invasive species in check ..... Lehman/Isn't there a much much larger issue here? This enables all of that property to be usable property, to be developed at 100% .... Tremendous benefit... I don't have nearly the problem with maintaining that as parkland .... (All talking). Lehman/The maintenance issue.. not nearly as great... amenity is good for the entire community. Vanderhoef/Two different maintenance things .... The park part is fantastic .... Kubby/Are there four people who want to look at this maintenance issue for the stormwater detention percentage of this project? I think there is just two of us, Dee. Lehman/Three. In any event, you have got a go. We are going to go with the project. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 41 Airport Terminal Renovation 98-81 Side 1 Thornberry/Howard is here for the Airport terminal renovation. Lehman/ Howard Horan/I am chair of the Airport Commission and one of the things we wanted to do... renovate the existing terminal... gateway to Iowa City... important building .... Worth preserving .... Still reasonably functional to us... We asked some people to look at the cost of renovating it for us... HLM .... Came up with some great concepts. I have a copy of their response .... Numbers came in somewhat more than we expected .... To do a mechanical and electrical system upgrade .... Heating, cooling, AC, electrical... lighting... demolition .... They thought that $231,000 was reasonable for that .... Exterior: window replacement, door replacement... masonry .... New noah wall... estimate... $71,000 .... In focus at this point... West face... developed a great system of conduit, wires.. certainly ought to clean up that face. To use the upstairs... ADA .... Estimate elevator, equipment shaft... demolition... $50,000 .... There is a nice room upstairs... conference room... public and private use... great view of the Airport .... This is what they considered optional work .... To remodel the existing space, they estimated $302,000. That means... $200.00 a square foot .... Another item here was landscaping at $50,000 .... With their basic work and optional work plus 10% design contingency and 10% construction contingency .... Final number... $853,424 .... Lehman/I didn't hear you say reasonable after that. Champion/..number per square foot, were they including all the electrical updating. Horan/ .... they see that as separate .... Remodeling existing space does not include the mechanical, electrical, ceiling and exterior work of base plant... We asked them what would it cost to remodel .... Kubby/So that would be our estimate to bid out. Champion/...were they going to keep the wonderful kind of art deco look to that building? Horan/I think that is critical ....Metal letters ....Glass block .... Champion/It is the look, it is the style... very impressive building... Horan/ .... took the project quite seriously .... So what are we asking you for? We are asking you for guidance. We thought that if we brought in a project that was This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 42 under $500,000... we thought that may be something you would consider seriously .... We have got a lot of work to do on these numbers .... Question... lot of fat in these numbers. He admitted there is some .... We think at this point we still have work to do with HLM .... I wouldn't pretend that we are ready to present something, a solid proposal to you. I think we have more work to do. Kubby/...It is not eligible for reimbursement, fight? Horan/This is not directly part of the Master Plan... FAA Master Plan supports air-side improvements .... Terminal is our responsibility... may be .... 85/15 State money. Kubby/...terminal... Has the Airport Commission talked about some percentage of this being paid for through private fundraising? Horan/ ...I wouldn't exclude that. The new FBO... Joe Sprizer and Gordon Peterson from Cedar Rapids... We are very excited... excellent FBO .... They have an active interest in the terminal building... Planning to construct and pay for with their lease payments a building immediately to the south of the terminal .... Add shop space for the United Hangar .... They do want presence in the terminal building .... Probably would want 1500 square feet .... Norton/Are they willing to live in the conditions that now exist? Horan/I think they are willing to live with it for awhile. Kubby/ Horan/ Kubby/Big sell... important part of our economic development .... Public .... Is going to be putting in $1 million .... At this point... actual airport site, I don't see the private investment to say this is important to us as part of economic development ..... Willing to pay for ..... for Airport terminal renovations... fundraising... lots of options... We should be directing the Airport Commission... to say that having this kind ofpublic/pfivate partnership for terminal renovation... important factor. Thornberry/This is a municipal building .... I haven't seen the call for citizens to pay for library renovation .... Kubby/We have for Mercer Park Gym... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 43 Thornberry/...has been let go in disrepair .... I don't see it viably .... Of renovating it .... Antiquated basement .... Nobody else goes down in the basement .... Kubby/We do ask for private donations... Library has Friends .... Puts private dollars into the Library... Mercer Park Gym... funded... private funds .... Used much more frequently by the average citizen than the Airport is ....Direct and indirect benefits .... Thornberry/I don't swim in Mercer Park Pool .... Should be kept up by the City... entrances to Iowa City... this is definitely an entranceway to Iowa City .... Kubby/...I am saying a partnership. Norton/...talking much more modest numbers .... Fronting at least $1 million for the other thing .... If we were to put a part of this .... Private fundraising would be one .... FBO ..... Horan/FBO's major investment in rent and facilities is going to be in the other building. Lehman/Howard, I think that terminal building is a disgrace .... Has been for a long long time ....Certainly would support some sort of modest renovation of that facility ....We have soccer fields ....Got $200,000 from the kids ....I think there is a certain amount of renovation to the Airport terminal building ....I would entertain a modest renovation of the terminal building at City expense .... CHANGE TAPE TO REEL 98-81 SIDE 2 Lehman/Invest some money ..... When you ask us to do the whole thing... We got to do something .... We will do something of a far lesser nature .... Not nearly as nice .... I support the concept of looking into seeing if there are folks in the community who would put in some money... Show up with cash in one hand. Horan/I agree .... I don't know where the constituency is .... Lehman/ ....There may be people out there who would be willing to look at the Airport in Pella .... Thomberry/...There were about 40 companies .... Pella was one of the contributors... 40 companies, they raised half of the money and the city put in the other half. Kubby/Put Dean in charge of fundraising. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 44 Thornberry/...a lot more economical to bulldoze that sucker down .... You can build that same building back again cheaper than you can renovate the existing building .... Horan/ Notion/ Thornberry/You can build it exactly. You can build it with the same materials. I am just telling you it is cheaper to tear that building down, use the same .... Materials .... Vanderhoef/I want to know what the rest of the space is anticipated to be used for? Horan/As much public use as we can make it .... Airport Manager's Office... public meeting room, Airport Commission would meet there .... Scouts... Civil Air Patrol ..... like meeting room in Transportation Center ..... Vanderhoef/Is interest in a food establishment? .... Horan/There has been a lot of discussion about that .... everyone likes the idea .... Sunday dinner ....I don't know how the economics of that would work ..... Dean would tell you ....If you want to put a restaurant on Airport property, you trade a restaurant for the Old Jet just because of visibility. Vanderhoef/Is there any other possibility for revenue out of that building? Horan/There might be .... Vanderhoef/Those kinds of things that help pay off is another part of this public/private kind of thing .... Something that is on-going for us. Horan/What I would like to do is continue to work on these numbers... take the public/private partnership and try to pull a plan together ....Concept... and then come back to you. Lehman/Are there at least four of us who do believe that we can improve the terminal and it might be a good idea? (All talking). Lehman/I think we agree. Norton/We are talking half of that. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 45 Thornberry/If you are doing what you are going to do and still looks junky .... Lehman/ .... terminal better than it looks in some way .... Horan/We will put something together. Lehman/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 46 River Street/Arts Campus Storm Sewer Project 98-81 S2 Lehman/River Street/Arts Campus storm sewer project. Sounds like Rick... Fosse/With me tonight is Steve Jacobson with NNW Engineering and Consultants... working with Ed Brinton on the design of this project .... Did not appear in the CIP in its present form .... Background on the project. The project that we are setting the p.h. for tomorrow night (presents drawing) .... We have got Hwy 6, Riverside Drive, Rive Street... Arts Campus... Project... this segment from Riverside Drive out to the Iowa River .... Designing River Street and the storm sewer system .... Needed to get a new route out to the Iowa River and what we discovered was getting through the Arts Campus was like threading a needle .... Only going to get... one-shot opportunity... Got to look at the needs of the entire water shed... 200 acres there .... University has been struggling with these issues... Got together with the University to see what we could put together for one project to deal with it all...multi-phased project over about a five year period with a total price... $1½ to 1 ~/4 million... University will be sharing about 50/50 with us .... Project on the table for tomorrow night... getting it out to the river and that is about $400,000... University will be paying about $90,000 .... Back flow preventers. Lehman/And that was not anticipated in the original work that we were looking at for River Street? Fosse/Right .... Lehman/ Norton/ Fosse/This is a 4 X 10 foot box .... Unique .... University .... What we have come up with .... Water needs to be pump .... Water shed is relatively steep close to this point... captures water up in the water shed .... Higher elevation... allows gravity to do the work to get it out to the river .... Pumps only take what actually gets passive .... I brought along the Daily Iowan on Tuesday .... Lehman/$400,000 project... putting in a- Fosse/10 X 4 foot. Lehman/Instead of a 3 foot line. Fosse/Yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 47 Lehman/Difference is substantial .... Capacity .... Fosse/If you look at the 200 acres, it is just about a 50/50 split between University property and city property. Kubby/The numbers... two projects... would have cost us half of what our share here is going to be. So how does that wash out?... Enlarging the project to cover more acres .... Fosse/...getting out of this is the storm sewer outlet for River Street and also the Riverside Ellis Alley storm sewer and what we are getting .... Improvement on this situation. What the University is getting out of this is reduced flooding potential for all of their buildings on the Arts Campus ....Get rid of the sewer lines... underneath the Art Museum... Kubby/ Fosse/ Kubby/Would we feel obligated in the future .... We live in a wetland. Lehman/Seems to me.. asking for... box from Riverside Drive to the river .... Enables us to serve this 200 acres ....We have done it at a cost savings for us to do it at this time .... Norton/...adding this ....Whole project has gone up a lot ....To cover more acres. Kubby/We are doubling the price of the project to take care of the flooding on Riverside Drive .... Partner up with the University .... What kind of storm causes Riverside Drive to flood? .... I don't have any data. (All talking). Fosse/It has been about 2 to 3 times this summer that that has flooded already... For the long term... most reasonable long term solution .... More costs up front now. We have got to get through the University's campus here... Best long term solution is the one facility that will serve us both... We are shouldering the majority of this project .... When it all shakes out... close to 50/50. Norton/Do you have a formal agreement? Fosse/That will come to you. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 48 Lehman/...50/50 University and City... appropriate. Vanderhoef/ Kubby/We need to recognize... costing us twice as much as it would have .... How bad is the problem?... Vanderhoef/Do we have any other benefits that we are getting further out in the water shed? Fosse/...improvement... along Riverside Drive... west curb line... mess... storm sewers that come down along the ravines from the west and dump onto the surface.. contribute to the flooding ....Make that sidewalk usable through there .... Reduce maintenance costs .... Kubby/Does that mean less erosion on those hills? Fosse/Yes, because we are going to eliminate that surface discharge there. Norton/ Fosse/ Vanderhoef/We have a responsibility for some of that... runoff.... Bottom of hill .... Thornberry/ Fosse/Steve has done a lot of interviews with folks that live out in the area... interesting.. water taking convoluted route to get down here... learn... about the water shed... take advantage of the gravity... up front cost is much less than early studies .... Already a line... putting in another one .... Operate as pressurized system. Kubby/So is there going to be a lot of destruction? .... Fosse/Right up through the parking lot .... (All talking). Fosse/There will be some up in this upper end .... Jumps the tracks and gets out on Hwy 6 and comes down Hwy 6... Also needs to work with the DOT on fixing some of the storm sewer system along here that is not functioning well. Lehman/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 49 Fosse/This goes all the way back to Kinnick .... Fairly densely developed there... Steve... Steve Jacobson/This is all fill... from Burge Hall ....Several storm sewers that run through there .... Kubby/Will we be tearing into a hillside or tearing down big trees to do this? Jacobson/No, we are going to stay away from trees .... Steep hill ....Fill whenever Burge Hall was built. (All talking). Fosse/From a pedestrian aspect... Pedestrian bridge across Hwy 6... trail down through here (refers to map) .... Lehman/Will we have an agreement with the University? .... rest if this occurring ....To see to it that this does occur? Fosse/Right now we have Dick Gibson squarely behind the project .... We will get it in writing. Lehman/That these will be built. Fosse/So far it is just a secret handshake. (All talking). Lehman/We do want to see the design of the bridge across Hwy 6... and also across Dubuque Street ..... Kubby/Thank you for the explanation .... Lehman/Thank you, Rick. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 50 Party Ordinance 98-81 S2 Lehman/Do we have a staff person that is going to present this? Karr/We are all here, the committee. Dilkes/...Pat Harney is here .... Kubby/In the first part, the Nuisance Party Regulations, first page... lists all of these things... disorderly house... all of those are violations currently? Dilkes/Yes, that is the intent ....Fighting will likely come out... fighting specifically is not a criminal charge .... Intent that these are offenses .... Norton/...officers... anything about their rights to enter onto the premises... in order to activate this decision that the party should be dispersed? Dilkes/This ordinance does not change the warrant requirements .... This ordinance contemplates that illegal activity is going to be observable .... Kubby/Biggest difference is there doesn't need to be an outside complaint in order for the officer to act .... Champion/I dislike it intensely. I think you are leaving people wide open for a public servant... gives them a whole different right. I don't see where it has one redeeming quality to help the police .... Reminds you of a police state .... I am serious. I find this a real infringement of individual rights. Norton/What do they do now? .... What is the option now?... get a neighbor to call .... Kubby/ O'Donnell/It is allowing an officer to do his job .... Dilkes/All of your questions are sort of revolving around what does this allow the police to do that they can't already do and I guess Pat, do you want to address that? Pat Harney/Currently the officers respond basically to a disorderly house... try to find out who the owner is... Lehman/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 51 Hamey/Someone has complained .... Currently .... If it is public, you can address that. However, unless we have a complaint, we can't go onto that property. We sit back and let it go .... Norton/ Harney/We can go up to the door .... Norton/ Harney/Once you get to the door, if you are invited in, you may see more things going on. However, unless you are invited in .... Another thing that this provides the officers with is if they are going to give a citation... allows it to be a municipal infraction .... Here it can be escalated fines... Dilkes/Disorde~y house charges are unscheduled fines .... Magistrate... charge the maximum... up to $160. Champion/So who is to determine that this is $160 disorderly house rather than a $157 Lehman/Judge. Champion/ Dilkes/It would initially be the officer who would decide how to charge it .... In the absence of a complaint from the neighbors, they would not charge a disorderly house .... Kubby/Would you speak to 4th Amendment concerns? .... Dilkes/...It does not allow a warrantless search. It doesn't change those rules. Kubby/ Dilkes/Police officers.. now, have the fight to go up to the door. Champion/Why do we want this then? Karr/This also does assign a responsibility to the host ....Of the party... allows that person to be cited also. Dilkes/Put this in some context... push to do something more came in response to the alternative to Riverfest party .... Private party that was out of control .... We spoke This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 52 to the Assistant City Attomey in Ames .... From their police officers perspective, what this gives them.. authority... to disperse the party that has gotten out of hand. Thomberry/ Dilkes/ O'Donnell/This can avoid a potential problem. Kubby/But ifa big party is spilling out onto someone else's property, isn't that- Can't an officer do something now? .... Hamey/You need a complaint .... Trespass situation, things like that... The party on Van Buren escalated from a private party... music .... other apartments... became a large party in the whole neighborhood .... Hard to address all of these other parties .... Lehman/I would like to see a recommendation from the Police Department, what this will do for you that you currently cannot do .... Man power, problems... help you. I would like to know what the Police Department think about it .... Hamey/The Police Department would encourage you to pass this ordinance .... Makes it easier for us... stiffens the penalties up .... Allows the officers to approach the party before it gets out of hand .... Manageable. Thornberry/If a different charge that can be filed. Dilkes/So this year during Riverfest, I don't remember heating about any out of control parties. Norton/Word was out... I don't find it offensive. O'Donnell/I don't either. Vanderhoef/ ....to deter those parties... protect our citizens .... Harney/...party after party... municipal fraction stiffens the penalty .... Kubby/...It wouldn't be kind of a conscious thing.. used more on University students than out in the neighborhoods .... Focus.. How we insure to evenly and justly use this ordinance to anyone that is having a party? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 53 Vanderhoef/It would have to be defensible. Kubby/I am thinking of the suburban parties .... Because it is in a less dense area .... More patrols in higher density areas... naturally get more attention. Vanderhoef/Still on call-in complaint basis. Hamey/Out in the residential areas ....Most of those are much milder .... Officers do respond .... Thornberry/...wild party... Some of these parties.. throwing beers bottles at the firemen... people were getting hurt ....Police officers go to where the problems are .... Kubby/ Norton/Tendency to go where the action is. Lehman/I assume you go where you have the higher density of people .... Kubby/Is it a good response to have an ordinance? .... Thornberry/Answer is probably yes .... yes on incident of this magnitude .... I think something should come out of that .... Vanderhoef/I would like to see this move forward. Lehman/Stepping Up group is very interested in .... Tool to help control underage drinking .... Are there four people? Norton/We have had complaints from people on the noahside .... Complainant .... This eliminates the need .... Dilkes/That is right, you don't need a complaint .... Certainly, if someone is throwing a beer bottle, that is an offense and the police can charge that individual. But in a party that is out of control and there is a number of criminal offenses going on, this allows you to shut down the party and disperse the party and hold the host accountable as you do with a disorderly house charge .... Kubby/ Champion/I would really want to see some criteria for this. I still don't like it .... Two reasons: just going onto people's property because you think there is something This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 54 going on. Secondly, I think people are responsible for their own behavior and not necessarily the host who should be criminally charged .... Keep making excuses for people. O'Donnell/ Champion/ Lehman/It also says if you are going to have a party at your house, you are going to be responsible to the people who come to your party .... Champion/...What we are doing here is singling out students .... Dilkes/The other thing about holding the host accountable ... not necessarily a punitive thing. The host is the only person who can control the premises .... Who can say you have to leave. That is why it is the host who is responsible. Lehman/... they have to have a reason to stop. Norton/ Lehman/What is our procedure from this point7 Karr/If council so desires, we can have it on the 28th on your agenda for first consideration. Lehman/Do we have a p.h. on this? Karr/It is not necessary. Norton/I think we ought to... Karr/We could set it tomorrow and hold it the 28th. Lehman/All fight, let's put it on the agenda. Champion/...p.h. when the University is in town. Lehman/Set p.h. tomorrow night for the 28th. Norton/Not any huge rush .... Wait until school is on... Champion/A lot of those summer students are not UI students .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 55 Vanderhoef/ Lehman/ Thornberry/What is the difference between summer students and fall students? .... Champion/...I dislike this ordinance. I am not going to support it. Kubby/Summer students... not year around students... not tuned into what is going on in the community. Champion/A lot of students in the summer are graduate students .... Here for just this three month period. O'Donnell/There are four of us. Norton/Better have it in place for the fall. Lehman/Tomorrow night. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 56 Appointments 98-81 S2 Historic Preservation Commission - No applications/readvertise This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 57 Council Agenda/Council Time (continued) 98-81 S2 6. O'Donnell/We have an addition on 621 Summit Street... controversy on it .... Historic Preservation Commission has voted it down, 7-0, twice and now passed it 4- 3. It has become a disability issue and I don't think it should be .... Historic area... specific guidelines that you have to follow .... I would like to have some inkling of how this got passed after being defeated 7-0 twice. Norton/I talked with a couple of people...Not quite fair to characterize as a disability issue. It is within the terms .... Process... concerned with the process... Two things you can do... Try to get the Historic Preservation Commission to reconsider .... Other .... Always write to the council .... Very difficult. O'Donnell/ ....same requirements for the Historic area .... Norton/...whether they looked at all the aspects .... Second quessing .... Thornberry/Do we have any say so? Lehman/Eleanor, what is the position of the council? Where are we in the process? Dilkes/There is no appeal except by the applicant to the council .... Council does not have jurisdiction to review decisions of the Historic Preservation Commission. Lehman/What is the recourse for the folks who live in the neighborhood if they do not agree with the decision of the Commission? Dilkes/I think there could have been a request to reconsider ....I don't think they can reconsider. Kubby/Can the council request... asking them to reconsider a decision? .... Would there be any legal problems with us asking Historic Preservation to hold a special meeting to reconsider their vote? Dilkes/This was not a recommendation to you. This was a decision by the Historic Preservation Commission... I don't believe if the applicant has acted in reliance on the issuance of that certificate .... Entered into a binding purchase agreement, paid financing points .... Because there is no appeal procedure contemplated in the ordinance, they are done and so, I don't think they can reconsider .... CHANGE TAPE TO REEL 98-82 SIDE 1 Norton/Goes to the Commission and we can't ask them to reconsider but they... could get the Historic Preservation to reconsider and they could do so. It would not This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 58 work if something had been done on the basis of their previous action .... Is that fight? Dilkes/Yes, that would not work. Champion/What, that they were in violation of city ordinance? Dilkes/If who was in violation, the Commission? Champion/What if this structure is in violation of a city ordinance? Dilkes/What city ordinance? Champion/I don't know. Dilkes/I think you would have to be more specific. Thomberry/They already have permits. Norton/If they made a mistake, I am sure there was an error that could be corrected. Dilkes/Then I don't think we are then within the purview of Historic- We are talking about Historic Preservation issues and the purview of the Historic Preservation Commission. Champion/Somebody said to me... that.. the city has a separate ordinance dealing with historic districts .... Overlay zoning ordinance. Is there another ordinance that deals with historic districts? Dilkes/I don't think so. You know, we would have to get more specifics on that. Kubby/I could think of two other things... longer term thing... discussion with the Historic Preservation Commission about allowing the neighborhood to have some appeal option to the process .... That there is some kind of way for other parties .... Neighborhood organization... to be able to appeal... pros and cons of that .... For the future. The other thing that might be helpful... Summit Street neighborhood is very distressed by this decision .... Is there a way to maybe facilitate some mediation to deal with some of the concems .... Maybe through some different kinds of interaction between the neighborhood and the future property owners .... O'Donnell/They have already done that... three meetings .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 59 Kubby/Mediation... is a different place... less formal... speaking to each other ....Is there a way we could facilitate .... Thomberry/... I think mediation is now a little late...decision has already been made .... If things have been done legally...? Kubby/ ....scaled back the building... They can choose to go back to Historic Preservation Commission with the support of the neighborhood. Thornberry/I don't think they would go back to Historic Preservation ..... when they already have got the decision that they wanted ..... Kubby/Fine. I am just suggesting there may be a different way for the neighborhood and this property... to talk about it .... So that everybody fits into the neighborhood .... Thornberry/Mediation usually happens before a judgement is given. Norton/ ....They have talked a lot .... Kubby/But it is not talking to each other .... Thornberry/I don't know if the council should put pressure on anyone party to do that. Lehman/...council probably has no legal authority to do anything in this case .... We could certainly encourage the neighbors to talk to the folks... Kubby/Are there four people to ask the Historic Preservation Commission to look at the issue of recourse for neighborhood associations?... explore what are the implications .... Norton/...this is more or less like the Board of Adjustment .... More or less of applying fairly specific guidelines of the interior department of these matters... Recourse might be to court... I didn't think we wanted it to come back to council .... Presumably we are done .... Not a procedural flaw. Dilkes/I don't believe there was a substantial procedural- Thornberry/It is like saying you don't agree with the PCRB's adjudication of a particular problem .... Kubby/Eleanor, currently if an applicant for a certificate of appropriateness does not like the outcome, they come to the council. Is that correct? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 60 Dilkes/They come to the council, yes. And from there they can go to court. Kubby/...Are there other people who could use that same avenue? .... Norton/ Kubby/There has never been an appeal to the city council. Lehman/ Dilkes/The State Code specifies that appeal to the council to a court .... Norton/For the applicant, not for the neighbors. Dilkes/That is right. Lehman/There is no appeal for the neighbors. Dilkes/Under our ordinance, there is not. But I think there are possibilities that you could provide for that if you chose to. (All talking). Lehman/ Norton/I agree with Karen, let's take a look .... (All talking). O'Donnell/One thing we can control is that it is all single family zoning... not a duplex... not an apartment house .... Norton/ Vanderhoef/We are going to become experts in Historic Preservation .... Dilkes/In the ordinance, it is an arbitrary and capricious standard of review. You don't start from the beginning and make all of your own decisions... You look at the decision... and determine whether it was arbitrary and capricious. It is a very high standard. Kubby/In terms of the process .... I would like to recommend to all of our boards and commissions that when multiple pieces of information are kind of lynch pin This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 61 pieces.. come in at the last minute... That this third plan came in at the last minute, that I would prefer commissions to slow down... have time to look at the plans... I am concerned about all of those factors together .... Thornberry/ Kubby/In this particular case, Historic Preservation action .... (All talking). Norton/... I am not sure that can preclude it... Kubby/Have Historic Preservation have a discussion about whether or not a neighborhood association should have appeal .... Vanderhoef/... a historic district .... O'Donnell/That would be very important to have neighborhood communication. Kubby/Maybe the good neighbor policy should also be given to Historic Preservation. Thornberry/If it were not in the Historic preservation neighborhood, would this have been a problem? .... Lehman/Same sort of objections. Norton/ Thornberry/But it wouldn't have gone before any board or commission. Lehman/ 7. O'Donnell/Dee and I went to the SEATS Advisory Commission meeting. I thought it was very- A lot of good things accomplished there. Norton/Yes... moving along on getting a committee together. 8. O'Donnell/Also each of us got a letter from Dean Rammelsberg about some of the timber and sticks that are laying all over... several options... Might call them. Lehman/Steve and I talked earlier today... Going to be trying to have an area... where people will be able to come in and cut their own .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 62 (All talking). Norton/Have to have an ordinance on burning in fireplaces .... O'Donnell/I think the city has done a great job .... 9. Thornberry/I saw this in my packet (landfill chart-wheel). I couldn't get anybody in the city to be able to explain it to me .... How much are these things? Atkins/We have printed thousands. We have used them in promotions .... Kubby/I have 12 of them .... 10. Thomberry/This little thing (human services card). This little thing you give to beggars. Lehman You don't want to bring it up. That is fine. Kubby/What do you think of that? Thornberry/I think it is ridiculous .... Champion/I think the idea... is great. Thomberry/Let's bring them in from all over. 11. Thomberry/Support for Gunnerz. Maybe somebody could write to Alex back, I guess, and tell him .... He is putting it out .... Karr/We have talked to each one separately. Thornberry/They thought it was us that shut him down and I just wanted to clear the record .... 12. Norton/I wanted to get ... thinking about fireworks... soccer fields would be a great place for fireworks ....If we could get the cars down there ....No danger... everybody could see... tremendous place .... Decent access ....Use Nursery Lane .... Atkins/Jaycees .... Announced... Sunday, September 6. 13. Norton/I had a couple of complaints about the sirens not working .... I talked to Andy .... A siren that doesn't work ain't much of a warning. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 63 Thomberry/ Norton/Out for several weeks, can't get parts ....Better have spare parts for sirens ....Not much of a back up. Atkins/There is one that is down. Norton/Down for seven weeks .... 14. Norton/We will talk about 7th Avenue surcharging and other things. Atkins/That is all fixed .... Norton/Local blockage .... 15. Norton/I want to mention tomorrow night. If the shuttle is doing so well... 85% of the people on the south loop, why don't they go to the south loop twice as often as they do the noah? Atkins/We are going to think about changing it... not getting the volume out of the noah side. Norton/Go where the action is. 16. Champion/I was just thinking that we should do the fireworks in the park next year. 17. Kubby/We had a letter from Terry Trueblood in our packet saying that Animal Control might have someone on a bike. I have a problem with that because bikes are illegal in Hickory Hill... I don't mind them walking .... Atkins/Hickory Hill caused the problem although the bike would be intended for other parks primarily .... Kubby/Just so it is clear .... (All talking). 18. Kubby/I wanted to report that Dee Norton and I have been meeting with student senators... try to get ....Tentative date for September 29... to meet with student senate in a big group ....three different topics... high relevancy to students .... Transportation issues ....Allow student senate to have control over which issues .... They are suppose to get back to us... Three issues: housing issues .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 64 Other issue is student-police interaction .... Big safety issue .... Three big issues. They are going to choose. We are going to meet .... Get information before the meeting... small groups .... They liked the format of last time .... Got more talk done ....We will bring it back to you... Keep the 29th open. Last time they hosted it... Norton/Coffee and tarts. 19. Thornberry/August 1 .. invite to a reception to Dean's house .... My son got married and it is going to be his reception .... informal 20. Karr/Clarify... Tomorrow night we will pass out the agenda for .... 9 and 10, special formal that will have... evaluations .... Put on non-controversial P/Z items and some other matters .... You can then decide whether you wish to defer... another consideration or collapse... 10th will be as needed .... Post that .... 21. Vanderhoef/I wanted to know- Is TCI finished? Lehman/In a month. Helling/I am not even sure. O'Donnell/Are we suppose to be able to see 40-50? I get them .... 100 mph wind .... Helling/As they complete through the physical plant in your area, then they will come through. 22. Vanderhoef/I really do want you people to think about legislative things ..... write a letter from council.. talk about that for a minute on Thursday or Friday ....Issues that the League is going to put forward .... Voted on by the whole state in September in the fall meeting. A chance to put some input in .... human rights is going to put in a letter for an issue .... 23. Lehman/We will be talking again and setting a date to meet with PATV Board .... We have indicated to them that we would meet with them .... Need to schedule... 24. Lehman/We received a letter from Mr. Yeggy's attorney requesting that Mr. Yeggy's attomeys, someone from the City Attorney's Office... Mr. Leff... estate... and myself meet and talk about the situation ... They would like to settle that... settle the estate. I am not really interested in really meeting but Dennis had asked me if I would. I will. One of the Yeggy's past away and because there are liens against the property, I think the time may be approaching.. can accomplish something .... This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698 July 6, 1998 Council Work Session page 65 mutual benefit .... I don't intend... to represent the council. I will let you know what happens... Sometime in the next couple of weeks .... Adjourned: 10:25 PM This represents only a reasonably accurate transcription of the Iowa City council meeting of July 6, 1998 WS070698