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HomeMy WebLinkAbout1995-10-10 AgendaiOWA CiTY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF OCTOBER 10, 1995 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING - OCTOBER 10, 1995 7:30 P.M. ITEM NO. ITEM NO. ITEM NO. 3 - COUNCIL CHAMBERS 2 -~~ESENTATIONS, ( 1 ) Scott Houghton (2) Chris Richey Mikaila Teale (3) LAMA~TIO'~ MAYOR'S PROC Presentation of Citizenship Awards to students of Hoover Elementary School. a. Domestic Violence Awareness Month - October 1995. ITEM NO. 4 - ~bNSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Approval of Official Council actions of the regular meeting of September 26, 1995, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Parks and Recreation Commission meeting of September 13, 1995. (2) Planning and Zoning Commission meeting of September 21, 1995. {3) Board of Adjustment meeting of September 13, 1995. c. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a motion approving a Class "C" Beer Permit for Millermart, Inc., dba Millermart, Inc. 2303 Muscatine Ave. (Renewal} (2) Consider a motion approving a Class "C" Beer Permit for DeliMart Corp., dba DeliMart //1, 525 Hwy I West. (Renewal} Voter Reminder page 1 Voter Reminder Horow/[or those of you who are at home, you take a lot of interest in city council just by watching us on television. If you have not voted yet, I urge you to get out of the house and go and vote. Thank you. Nov/Polls are open until 8:00. Horow/Right. Th~srepr~ents~n~y~reas~nab~y~c~ratetr~nscr~pt~n~fthe~waCity~unc~meeting~f~ct~ber1~1995~ F101095 Special Announcements page 1 8peoial Announoements Horow/ We would like to welcome some special guests in the audience. The first one is his Honor Hamidou KOMIDOR Njimoluh the Minister Plenipotentiary and Diplomatic Counselor from Cameroon. Sir, would you please rise? Thank you for being here. We are very honored. We are also honored this evening to have members of the journalism class from the University of Iowa here. Would you like to stand so we know who you are. Thisrepresents only 8reasonebly accuratetranscrlptlon ofthalowa CiW council meeting of OctoberlO, 1995. F101095 #2 page 1 ITEM NO. 2 - SPECIAL PRESENTATIONS. Presentation of Citizenship Awards to students of Hoover Elementary School. (1) SCott Houghton (2) Chris Richey (3) Mika]la Teale Horow/These are all students from Hoover Elementary School and these students, Scott, Chris and Mikaila, were selected for the Iowa city Council Citizenship Award. They are representing all of their class. There are no single issues that they hold very dearly. They are all leaders. They all have leadership ability, responsibility in the schools. They are self directed, maintain cooperative relations through peers and with adults. They can be counted on to solve problems, volunteer their services when needed. Teachers and staff all recommend that these three represent Hoover School. This is a Citizenship Award for outstanding qualities of leadership within Hoover Elementary School and for her sense of responsibility and helpfulness to others. We recognize Mikaila Teale as an outstanding student citizen. Your community is proud of you as represented by the Iowa City City Council. For his outstanding qualities of leadership within Hoover Elementary School and for his sense of responsibility and helpfulness to others, we recognize Chris Richey as an outstanding citizen student. The community is proud of you and as it says, presented by the Iowa City City Council. Finally to Scott for his outstanding qualities of leadership within Hoover Elementary School and for your sense of responsibility and helpful to others. We recognize Scott Houghton as an outstanding student citizen. Your community is proud of you and so are we, Scott. Thisrepresents only 8reasonably accuratetranscrlption ofthelowa City council meeting of October 10,1995. F101095 Agenda Iowa City City Council Regular Council Meeting October 1 O, 1995 Page 2 ! I- ,, l, {3) Consider a motion approving a Class "C" Beer Permit for Kirshna, Inc., dba Mini Mart, 731 S. Riverside Dr. (New) (4) Consider a resolution issuing Cigarette Permit to Mini Mart, 731 S. Riverside Dr. Setting public hearings. (1) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR OCTOBER 24, 1995, ON THE MELROSE AVENUE STREET AND BRIDGE RECONSTRUCTION PROJECT. Comment: The City Council has indicated they will consider a resolution at their November 7, 1995, City Council meeting which will set the design parameters for the Melrose Avenue street and bridge reconstruction between Byington Road and University Heights. This action is required before the Federal Highway Administration can give final approval to the Melrose Avenue Environmental Assessment and release the federal funds for the project. The City Council has indicated they wish to receive public comment regarding this matter at their October 24 Council meeting. This public hearing is not required by the federal environmental assessment process; it is being conducted at the discretion of the City Council. (2) CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR OCTOBER 24, 1995, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONTRACT I - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. Comment: This work involves the construction of the Interceptor Sewer between the South and North Wastewater Treatment Plants. Approximately 11,000 feet of 96 inch and 8,000 feet of 84 inch concrete pipe will be installed. Also included are relief sewers serving the Pepperwood neighborhood and the Plum Street neighborhood. The estimated cost of this work is t~ 18, 180,000. Funding for this project will be provided by Sewer Revenue Bond proceeds. City of iowa City MEMORANDUM DATE: October 10, 1995 TO: Mayor, City Council, General Public FROM: City Clerk REF: Additions to Consent Calendar 4 c. (5) ~a motion approving a Special Class C Liquor Dam Baccam dba Denan Thai, 21 Sturgis Corner Drive. License for (New) 4 f. (5) Letter from Charles Traw, President of Board of Library Trustees,regarding update on the Library expansion. Agenda Iowa City City Council Regular Council Meeting October 1 O, 1995 Page 3 (3) (4) CONSIDER A MOTION SETTING A PUBLIC HEARING ON OCTOBER 24, 1995, TO BE HELD JOINTLY WITH THE BROAD- BAND TELECOMMUNICATIONS COMMISSION, ON A PRO- POSED FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND CABLEVISION VII, INC. Comment: Representatives of the City and of Telecommunica- tions, Inc. on behalf of Cablevision VII, Inc. have reached a tentative agreement on the terms of a renewed non-exclusive cable TV franchise. Major elements include a duration of ten years; a system rebuild to provide a state-of-the-art hybrid fiber optics/coaxial cable architecture with a minimum capacity of 78 channels (550 MHz) upgradable to an approximate 100 channel capacity (750 MHz) in the future; continuation of the 5% franchise fee and the funding formula for public access; up to 50 cents per month additional funding for local access to be used primarily for enhanced community programming; six channels reserved for local access purposes with two additional channels available in the future if needed; and various technical and service-related requirements. A memorandum from the Assistant City Manager is included in Council's Agenda packet. CONSIDER A MOTION SETTING A PUBLIC HEARING ON OCTOBER 24, 1995, TO BE HELD JOINTLY WITH THE BROAD- BAND TELECOMMUNICATIONS COMMISSION, ON AN ORDI-' NANCE AMENDING TITLE XII, ENTITLED "FRANCHISES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, TO REPEAL CHAPTER 4 AND TO ADOPT A NEW CHAPTER 4 TO BE KNOWN AS "CABLE TELEVISION FRANCHISE ENABLING ORDINANCE". Comment: The ordinance was rewritten in conjunction with the negotiation of the Franchise Renewal Agreement. See above item and comment. e. Resolutions. ~S-- Z~,5 (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A FIVE-YEAR DEPRECIATING LIEN EXECUTED FOR PROPERTY LOCATED AT 322 E. BLOOMINGTON STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 322 E. Bloomington Street received assistance through the City's Housing Rehabilitation Program on June 8, 1989. The financing was in the form of a five-year depreciating lien for ~6,000. The terms of the promissory note were satisfied on June 8, 1994; thus, the lien can now be released. Agenda Iowa City City Council Regular Council Meeting October 1 O, 1995 Page 4 (2) (3) ~5- 2G G (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A TEN-YEAR DEPRECIATING NOTE EXECUTED FOR PROPERTY LOCATED AT 420 N. GILBERT STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 420 N, Gilbert Street received assistance through the City's Rental Rehabilita- tion Program on June 21, 1985. The financing was in the form of a ten-year depreciating lien for 91 5,000. The terms of the promissory note were satisfied on June 21, 1995; thus, the lien can now be released. CONSIDER A RESOLUTION APPROVING COMPREHENSIVE IM- PROVEMENTS ASSISTANCE PROGRAM (CLAP) AMENDMENT #16 TO THE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC-9166 Comment: HUD has notified the Iowa City Housing Authority that 1995 ClAP funding has been authorized in the amount of 9133,287 and requests ClAP Amendment HUD-53009 be executed. The Iowa City Housing Authority is authorized to use these funds for replacement of items in the Public Housing units that have reached or are about to reach the end of their useful life. CONSIDER A RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG} PROGRAM AND BUDGET. Comment: On August 22, 1995, the Committee on Community Needs reviewed and approved a change in project scope for the Iowa City Public Housing Authority. The Commission recom- mended that the Iowa City Public Housing Authority be autho- rized to use 1994 CDBG funds for landscaping and other improvements at Shamrock Place and Broadway in addition to the landscaping at Whispering Meadows. f. Correspondence. (1) Letter from Bernard and JoAnna Milder requesting expedited action in the sale of alley property. The Council approved conveyance of this alley at the meeting of September 26. The City Attorney's office will be scheduling the closing as soon as possible. (2) Letter from Charles and Doris Lisle expressing appreciation for city staff's work on the Rohret Road improvement project. Agenda Iowa City City Council Regular Council Meeting October 10, 1995 Page 5 ITEM NO. 5 - (3) Letter from Thomas Summy regarding the request of Midtown Restaurant to locate near the Scott Boulevard and Court Street intersection. (4) Letter from the Miller/Orchard Neighborhood Association regarding affordable housing. (1) purpose of offering papers {approved) END OF CONSENT CALENDAR Application from the Iowa Socialist Workers Campaign for permission to set up a table on September 30, 1995, for the and pamphlets for donations. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). ITEIV] NO. 6 - PLANNING AND ZONING MATTERS. Consider setting a public hearing for October 24, 1995 on an ordinance amending the Zoning Chapter by adopting a Sensitive Areas Ordinance to regulate development on properties containing environmentally sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric soils, prairie remnants and archaeological sites. Comment: At its September 21 meeting, the Planning and Zoning Commission recommended approval of the Sensitive Areas Ordinance by a vote of 6-0. The Riverfront and Natural Areas Commission, by a vote of 9-0, also recommended approval of the Sensitive Areas Ordinance at its September 20 meeting. The ordinance, as recommended for adoption by both Commissions, is consistent in form and content to the draft ordinance proposed by the Sensitive Areas Committee. City of Iowa City MEMORANDUM DATE: TO: FROM: REF: October 10, 1995 Mayor, City council, General Public City Clerk Additions to Consent Calendar 4 c. (5) Consider a motion approving a Special Class C Liquor License Dam Baccam dba Denan Thai, 21 Sturgis Corner Drive. (New) 4 f. (5) Letter from Charles Traw, President of Board of Library Trustees,regarding update on the Library expansion, for '.l: 't,:. ?,,. #4 page 1 ITEM NO. 4 ~ CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. d. (2) CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR OCTOBER 24, 1995, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONTRACT SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. Atkins/There is one item I would like to spend a moment with explaining a little background on it. Not only because of the size and consequences but you will be asked to set a resolution authorizing a p.h. on October 24 for the plans and specifications for the construction of what we call the South River Corridor Interceptor and Relief Sewer Project. You will recall in July of this year we submitted to the DNR a request for a revised schedule. It has now been three months and we have not received approval or disapproval, quite frankly, little if anything from the DNR and we are very disappointed but we do need to proceed with these projects because we do have the obligations, not only from the federal government but also the DNR. We were informed about two weeks ago that we would have received, we did give the DNR this schedule, that is preparing it for tonight in anticipation of the meeting on the 24th. We were assured that we would receive a response to our request. We have not received a response. I did something which I don't like to do but we finally gave up and we contacted our state representatives, at least representative, and I asked them to contact the DNR. We are simply getting no response from them. Kubby/So what you are saying is we are proceeding as if we are on the currently approved schedule which is not what we are desiring. Atkins/We are assuming we are proceeding on the revised schedule. We are making that assumption and between now and the 24th something may change. But I wanted you to know that we do not official DNR approval. We are disappointed. I think Chuck has expended significant efforts. We have been told that we were going to get a response and we just haven't received anything. I wanted you to be aware of that. We still recommend approval. Thank you. Horow/(Reads Consent Calendar). Any other discussion? Roll call- (yes). Adoption of Consent Calendar as amended. Thisrepresents only areasonably accuratetranscription ofthelow8 Citycouncil meeting of October lO, 1995. F101095 #5 page 1 ITEM NO. 5 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Horow/Public Discussion. This is for item not on the agenda. If there is anyone who wishes to address council on an item not on the agenda or even an item for which we have already had discussion, I urge you to come forward at this time. Terri Miller/I am here on behalf of the Senior Center Commission tonight. First, however, I would like to say I think it is great that you give citizenship awards to these young people. I think it is wonderful to give them that kind of positive feedback and when they are young and not just from their parents and their teachers but from the community as a whole. My son was one of the recipients tonight, so of course I am especially proud of him. Thank you. Kubby/He had a good role model. Miller/Thanks. I just wanted to update you a little bit on some of the programs at the Senior Center. One of the things that we have really tried to do in the last year or so is to increase the wellness programs at the Center and this includes not only educational types of programs for the seniors to get a better understanding of how they can take care of their bodies healthwise and dietwise but also exercise and fitness. We have got a lot of fitness programs that we have started over the current period in time. We have some that are for fee so that people pay for certain classes. There are some classes that they can just come and attend whenever they want to. I believe Naomi is involved in one of the weight training classes right now. This is one that you pay for. Nov/For a fee. Miller/For a fee, that is right. Nov/And one of the members of the Commission is in that class with me, Kathryn Wallace. Miller/Oh, good. Now I don't attend the classes myself as I am not a senior so I am not as familiar with them possibly as some other people but I think it is a great direction that the Center is moving in and it is one that in the future there is such a large emphasis on it right now that certainly we will be putting a lot more emphasis on those kinds of programs. We have got some new exercise machines that we have purchased out of the gift fund. We have got a yoga class going on right now. This represents only a reasonably accurate transcription of the iowa City council meeting of October 1 O, 1995. F101095 #5 page 2 That is also for fee. There is different types of classes, line dancing, supervised exercise and machine use. There is a limited mobility class that is taught by a physical therapist. That also is a really good one. I think as we continue to develop this program we will try to put some more moneys into things where we can have them supervised by people who really what they are doing. I think that that is a great benefit for the seniors. One of the other programs that has developed in the last couple of years are computer classes. We have just spent some money recently updating the computers, getting the software all updated and user friendly. So that is something we have put some emphasis on. Seems to be a very popular type of thing. I wanted to just mention to you all that there will be a chartered bus trip to the Davenport Museum of Art on Thursday, October 12. There is till room if anyone is interested in joining in on that and finally the Commission has been working on an Operational Handbook, to update it. It hasn't been updated for several years. It has got policies and procedures that we follow and that we have changed over the years. Nov/That is a good job, updating things like that is not easy. Miller/Yes, it was a lot of work. We had a committee. In fact, M. Kathryn Wallace was the committee chair and she put a lot of time and effort. The whole committee did. They did an excellent job on it. Horow/Terri, I would like to thank you and the staff for the work that you put in on closing ceremonies for the Commemorative Year of WWII. That was fun. It was a great celebration. Miller/It was a great celebration. We were glad to have anyone who was there. It is always nice to have people from the council show up. I think it shows a lot of support and that is always appreciated of our programs. Horow/We enjoy fun times. Miller/Yes, it was wonderful. Thank you. Horow/Thank you very much. Is there anyone else that would care to address council on an issue not on the agenda? Okay. Kubby/I think there is someone. Horow/I am sorry, come right up. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 #5 Joan page 3 Hart/ 328 East Jefferson Street. I am here this evening because of an issue which I had addressed the city council in late or I think in early May, passed on the Consent Calendar. Regarding the traffic flow in the 300 block of East Jefferson Street, in the alley. The traffic flow in the alley should be designated a single direction going east as the alley directly to the west is already one way going east. the reasons for the continuation of the one way alley are several all of which are concerns with safety and accessibility. #1 the access to the homes in the 300 block of East Jefferson Street is limited only to the alley. There are no curbs cuts along Jefferson Street on this block. The south half of the block on Jefferson Street is residential neighborhood, zoned residential office. The north half of the block is all commercial and zoned as such and is a CO-1 zone. The heavy volume of traffic in this alley indicates a need for the single direction traffic. Drivers wishing to circumvent the traffic lights often use the alley as an alternative to the street. The parking lot of the law building opens directly into the alley as well as on Market Street. That business is really desirable in our neighborhood, it also generates a considerable amount of traffic. Two new businesses have located on the corner of Linn and Market, the Gazette and KCRG T.V. These two businesses also we welcome to the neighborhood. However, the building has been enlarged on the side facing the alley and the trucks of each of these businesses also use the alley to a large extent. One of the neighbors found the alley totally occluded on an occasion on trying to enter the alley to her parking space. Instead of garages or in a situation where there are few feet of the alley r.o.w. as well, two sets of electrical transformers are arched across the alley. The alley is used by a large number of pedestrians, students, citizens who live and work in this area, and participants of the Free Lunch Program use this alley also as a major walk way. The Free Lunch Program is located in the Wesley House a block to the west which is already the one way alley. Finally my request that the direction of traffic be designated one way to guard the safety of a historic brick home located on the east end of the alley. There are two homes located close to the edge of the alley at this end of the block. The home to the north has a green hedge to protect the house and assure that drivers will stay on the paved surface. But the William Balstic home to the south is very vulnerable to drivers who turn the corner and are surprised to find another driveway facing them in such limited space. This great revival home was built in 1851 by Mr. William Balstic. He built the first brick building in Iowa City. That first brick building burned down 27 years later. It Thisrepresents only areasonably accuratetranscrlptlon ofthelowa City council meeting of October 10,1995. F101095 #5 page 4 is my understanding that this is the only building now surviving in Iowa City by Mr. William Balstic. This building has Just been recommended by this afternoon by the Iowa City HP Commission to be nominated to the National Register for Historic Places. The William Balstic House has great significance for the City of Iowa City. In fact, it might be the most significant building next to Old Capitol. It has been used for purposes of city hall. It was never officially designated as city hall but Iowa City was not incorporated until 1853. So, there were many places used for purposes as city hall and there is a good oral tradition. Mr. Morgan Reno was mayor of Iowa City in 1857 while he was also owner of the home and he didn't live there. This home was also used as a place for recruitment of Civil War regiments and for provisions for use of the Civil War- Horow/Mrs. Hart, let me ask the City Manager- Has Mr. Brachtel or anyone taken a look at that? Atkins/Yes. Hart/A postcard survey was sent out but it was just a simple preference. It was not based on safety considerations. Atkins/We did send out the postcard survey. I have the report on my desk. I have not read it, Joan. I would be happy to share it with you when I share it with the council. We traditionally contact the abutting property owners before we make any sort of a traffic change and generally we try to respect their wishes and I have not seen the results of the survey. Horow/ Could I ask you to call the City Manager and make an appointment to have that survey discussed? Hart/The results of the survey were in the letter that I submitted and was past by the Consent Calendar. There were 14 responses, I think: 6 positive, I think maybe 7 nos and 1 I don't care. So it was right on the midway. Then when I submitted this letter and was passed, it was also I had 13 signatures by residents of the 300 block to propose the alley being designated as one way. Kubby/So we are getting two different kinds of responses? Hart/Right. Horow/I think what that means is that we are going to have to have Thisrepresents only areasonably accuratetranscription ofthelowa Cl~ council meeting of O~ober10,1995. Ft01095 #5 page 5 some sort of a meeting with you and with one of the city staff members to really talk with the residents in that area and find out just exactly what they mean because there is conflicting opinion here. I think, what I am saying, I think you need some more homework to get done before any decision is made by the neighborhood in terms of what really they want to do. Hart/I think the residents certainly want less congestion in out alley. Horow/Okay. Atkins/I think she is correct. Congestion is certainly one of the problems and we have observed it. But I have not read the report so I can't take it much further than that. Kubby/I have your letter here. 7 postcards wanted no change, 6 said yes, change it and one said no opinion. Hart/ I think there were only 25 postcards sent out. But the postcards were so bland. It was just a checkoff thing that often times gets lost. Horow/Okay but that is the regular way we do ask for opinion when we are making decisions like that. Hart/Since no change was made that is why I promoted another letter and I really am concerned that not only for the safety of pedestrian citizens but for the safety and accessibility of our getting-And the buildings as well as the people. Atkins/We do owe her an answer and we do have the report. Horow/Can we get back to you on this rather than spending any more time right here? We appreciate you keeping at it. Steve- Kubby/Somehow it just doesn't mean to say talk with staff. If the neighbors can get together with our staff people all together so that we know clearly that there is a direction that you want us to take and if it is the direction of a ome-way alley and our traffic engineer says there is no problem with that, it makes sense, we should do it. Horow/A strategy for that though- Atkins/We will take care of it. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 #5 page 6 Nov/I must say that sometimes a person like you who goes and talks to each of the neighbors and gets their signature on a sheet of paper gets better results than postcards. Hart/I have found that to be true anytime. Kubby/Thank you, Joan. Horow/Thanks, Joan. Is there anyone else who cares to address council on any other issue? Okay, we are moving on- This represents only a reasonably accurate transcription of the iowa City council meeting of October 10. 1995. F101095 #6a page 1 ITEM NO. 6a. Consider setting a public hearing for october 24, 1995 on an ordinance amending the Zoning Chapter by adopting a Sensitive Areas Ordinance to regulate development on properties containing environmentally sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric soils, prairie remnants and archaeological sites. Horow/Moved by Pigott, seconded by Lehman. Any discussion? Nov/ Yes, I would like to remind people that the copies of the ordinance are available and there are some specifics in small folder form. One on hydric soils and another one on archeological sites and it is very easy to understand. Please pick up some copies and read it. Horow/Okay, thank you. Anything else? Kubby/Is it my understanding that the Riverfront Natural Areas Commission had a conditional approval. That there was one area that they wanted different. Am I remembering that right, Bob? Bob Miklo/The Riverfront and Natural Areas Commission asked for additional information on prairie remnants and whether one acre was a reasonable size to regulate. They didn't condition their approval. They just asked that we look into that and provide further information which we will do before the p.h.. We will also be sending that to the Riverfront Commission at their next meeting. Kubby/Thanks. Pigott/Last night we also talked about some sort of sentiment in writing that the city would abide by this sort of ordinance as well. I don't know whether we agreed to resolution or something else. Horow/I think that was something we were going to work on in terms of a complaint form. We did discuss this. Any further discussion? All those in favor signify by saying aye (ayes). This represents only a reasonably accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 Agenda Iowa City City Council Regular Council Meeting October 10, 1995 Page 6 Public hearing en an ordinance amending the Zoning Chapter by conditionally changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential. (REZ95-O012) The applicant has agreed to a Conditional Zoning Agreement {~A) that addresses concerns staff raised regarding development of the site. The Planning and Zoning Commission will consider the revised application and CZA at its October 5 meeting. Comments were received at the Council's September 12 and 26 public hearings on this item. The public hearing was continued to October 1 O. Action: Consider an ordinance amending the Zoning Chapter by conditionally changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential. (REZ95-O012) (First Consideration) Comment: See item b. Consider an ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay. (REZ95-O009) (Pass and adopt) no, the Planning and Zoning Commission recommended approval of the requested rezoning, subject to ce~ain conditions. The Commission's recommendation is consistent with the staff recommendation contained in the staff report dated July 20. Public comments were received at the August 29 and September 12 public hearings on this item. #6c page 1 ITEM NO. 6C. Consider an ordinance amending the Zoning Chapter by conditionally changing the use regulations on an approximate 2°02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential. (REZ95-0012) (First Consideration) Horow/Moved by Nov, seconded by Lehman. Discussion. Kubby/I am very glad that we could work out this agreement, that is was acceptable to all sides. I am especially glad that we worked it out so that when this development happens and any work we do on Whispering Meadows Wetlands Park that we tear the park up only once to do some of the trail work instead of a couple of times. I am glad we figured out how to coordinate that. It made a lot of sense. Horow/I do think the buffers that have been put in certainly are going to help the property the way it is located along Highway 6 and across from the industrial park. Any further discussion? Roll call- (yes). Okay, first consideration is adopted. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 Agenda Iowa City City Council Regular Council Meeting October 10, 1995 Page 7 ITEM NO. 7 - Consider a resolution for final plat approval of Kennedy's Waterfront Addition, Part Three, a 31.23 acre, 1 l-lot commercial subdivision located south of Highway 1 between Gilbert Street and the Iowa River. (SUB95-0026) At its September 7 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the final plat for Kennedy's Waterfront Addition, Part Three, subject to the following occurring prior to Council consideration of the final plat: 1) the approval of the construction drawings by Public Works, and 2) approval by the City Attorney's Office of legal papers which address the conditions placed on the approval of the preliminary plat, i.e. conditions that deal with provision of sanitary sewer to the site and the dedication of right-of-way for the future expansion of Southgate Avenue. This recommendation is consistent with the staff recommendation in the September 7 staff report on this plat. Construction drawings have been approved by the Public Works Department. Legal papers have not been approved by the City Attorney's Office. If legal papers are not approved this item should be deferred to the October 24 Council meeting. ~ cocr~5~mdI¢ PUBLIC HEARING ON THE CITY'S COMPREHENSIVE HOUSING AFFORDABI- LITY STRATEGY ICHAS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1994. Comment: Iowa City is required to prepare a CHAS Annual Performance Report for fiscal year 1994 in order to assess the City's performance in relation to the one-year objectives set forth in the 1994-1998 CHAS plan approved in November 1993. Public input is required and any comments received will be addressed in the document that is submitted to the U. S. Department of Housing and Urban Development, All cities were given a one year extension to submit this report, because of the amount of staff time required to prepare the first five year Consolidated Plan. Agenda Iowa City City Council Regular Council Meeting October 1 O, 1995 Page 8 ITEM NO. 8 - ANNOUNCEMENT OF VACANCIES. a. Previously announced vacancies. (1) Senior Center Commission - Two vacancies for three-year terms ending December 31, 1998. (Terms of Harold Engen and Patrick Peters end.) (5 females and 2 males currently serving on Commission.) These appointments will be made at the October 24, 1995, meeting of the City Council. (2) Board of Appeals - One vacancy for a licensed electrician for a five-year term ending December 31, 2000. (Wayne Maas' term ends.) (2 females and four males currently serving on Board.) (3) Design Review Committee - Two vacancies for unexpired terms ending July 1, 1997. (Larry Quigley has moved to Coralvilla- see memo. Glide Six resigned.) (4 females and 3 males currently serving on Committee.) (4) Human Rights Commission - Three vacancies for three-year terms ending January 1, 1999. (Terms of Patricia Harvey, Dorothy Paul and Ann Shires end. (4 females and 2 males currently serving on Commission.) (5) Parks and Recreation Commission - Two vacancies for four-year terms ending January 1, 2000. (Terms of John Pelton and John Beasley end.) (4 females and 3 males currently serving on Commission.) (6) Planning and Zoning Commission - One vacancy for an unexpired term ending May 1, 1996, plus a five-year term ending May 1, 2001, (Sally Dierks resigned.) (3 females and 3 males currently serving on the Commission,) These appointments will be made at the November 7, 1995, meeting of ITEM NO. 9 -'~CIT';~~I~INTNIENTS. (1) Consider appointments to the Riverfront and Natural Areas Commission to fill two vacancies for three-year terms ending December 1, 1998. (Terms of Jessice Neary and Richard Hoppin end.) (4 females and 5 males currently serving on the Commission.) #Sa page 1 I~EM NO. 8 - ANNOUNCEMENT OF VACANCXES. Horow/ So there are vacancies on the Board of Appeals, DR Committee, HR Commission, PR Commission, P/Z Commission. This is the lifeblood of this city and these commissions we receive our recommendations. We urge everyone to consider, please consider, stepping forward and fulfilling some of these positions. These appointments will be made at November 7, 1995 meeting of the city council. This represents only a reasonably accurate transcription of the Iowa City counciJ meeting of October 1 O, 1995. F101095 #9 page 1 ITEM N0. 9 - CITY COUNCIL APPOIZf2MENTS Horow/Moved by Kubby, seconded by Nov. Any discussion? Nov/ Yes, I had a phone call today from the Chair of this Commission urging us to appoint these two people. We have been approved. Horow/By very active members. Any other discussion? All those in favor signify by saying aye (ayes). Thlsrepresentsonlyareasonably accuratetranscription ofthelowa City council meetlngof OctoberlO, 1995. F101095 Agenda Iowa City City Council Regular Council Meeting October 1 O, 1995 Page 9 ITEM NO. 10 - CITY COUNCIL INFORMATION. ITEM NO. 11 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City A~orney. ITEM NO, 12 - CONSIDER A RESOLUTION APPROVING A JOINT AGREEMENT OF COMMUNICATION AND COOPERATION WITH RESPECT TO ALLOCATION AND DIVISION OF PROPERTY TAXES FOR INDUSTRIAL NEW JOBS TRAINING PROGRAMS. Comment: Effective July 1, 1995, municipalities and community colleges must enter into an agreement relating to the use of property taxes to fund the community college's industrial new jobs training program. The proposed agreement between the City and Kirkwood Community College outlines the procedures for advance notification, exchange of information, and mutual consultation regarding the use of property taxes for jobs training projects. Action: #10 page 1 ITEM NO. 10 - CITY COUNCIL INFORMATION. Horow/City Council Information. Lehman/A couple of things. As you all know, Rohret Road is nearing completion and that was a almost impossible situation. A lot of folks who put up with a lot of really really great inconvenience for quite a while and I think the city-we did whatever we could and I think we did a pretty good job. We got the street open, probably almost two months ahead of schedule. We received. a letter from folks in the neighborhood, Charles and DorisL~le and I just want to refer to a little bit of it. They were complimenting us on the kind of job we did. In particular they referred to our Senior Construction Inspector Ed McGinnis and I want to read just a couple of paragraphs. "He instructed, cajoled, scolded, pushed, praised and taught. Anyone who works for or around Ed McGinnis learns something, has to learn something. Learns how to do his job better. He got his hands dirty using shovels, rakes, and posthole diggers. He had his eye on the project as a whole and yet paid attention to detail. He did these things in such a way that the residents and the near residents suffered as a little as possible. He was always accessible to our concerns. He was a troubleshooter, ramrod and trail boss during Rohret's wild ride of mass destruction and reconstruction and he was largely instrumental in the creation of one of Iowa City's most beautiful streets. We thank you, Ed McGinnis. We all thank you." That really says a lot- I mean, I think the city made every effort we could to make this as convenient as we possibly could. It was a real inconvenience. Obviously folks out there did appreciate it and I think this is a real tribute to our Senior Inspector for construction. The other thing that I would like to bring up and we talked about this last night briefly. I have had several questions and I think other members of council have regarding the request of MidTown Restaurant to move to the eastside. And I think it is important that we explain why this move didn't take place. It is my understanding that there request was to move to the intersection of Scott Blvd and Court Street which was zoned for a neighborhood commercial center. That zoning was intended to serve a local neighborhood, a small area and because of that zoning, the size of any restaurant was limited to, I believe, 2500 square feet. A larger restaurant could have and probably would have increased traffic and would not really serve the purpose of that neighborhood zoning. Horow/It would be a greater impact on the neighborhood. This represents only a reasonably. accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 #10 page 2 Lehman/And I think that was the basis for the city not giving them a permit to move. Nov/They did appeal to all the regular channels. They did what they were suppose to do. Horow/I have sent a letter to them or I am in the process. It will go out tomorrow explaining this. But I appreciate you telling the citizens about this because I don't think they really realize that the commercial neighborhood zone is specifically designated to have commercial such as dry cleaners or whatever for that neighborhood. It is not designed to bring people from around the city or outside of the city into that establishment. This restaurant which is really a neat one would undoubtedly do. Kubby/The other thing that we asked Sue to put in the letter that we want MidTown to expand. They are doing well. We want to see them do well. The eastside is a great part of town to have a restaurant like that. So we have asked her in this letter to also say there are a couple of other commercial zones that would be appropriate for that type of a-size of a restaurant on the eastside. We don't want them to go to Coralville. We want them to come to Iowa City and to the eastside of Iowa City and how can we work together to make MidTown find a new home on the eastside. Horow/However, we stopped short of being a real estate agent. Kubby/But all we can do is to offer our assistance to our staff and finding an appropriately zoned location on the eastside. Horow/Thank you. Ernie, anything else? Lehman/That is it. Kubby/A couple of things. Bruno, are you going to update us on Burlington Street lights? Pigott/Yes. Kubby/That would be great. Do we have something else in our packet of information? A lot of times people assume that the city and University don't communicate very well or very often and one of the things that we communicate very well on is some Public Works projects and Madison Street is going to be torn up for some University projects and we are coordinating with them Thls represents only 8 reasonably 8ccurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 #10 page 3 because the city needs to do some work underneath the streets. So instead of the street being torn up twice at different times, we are working together which also costs us both less money to do that kind of utility and underground work at the same time. So it is important that we know and say it out loud that we are cooperating on some of those issues. I have a second item and that is there was an article in the Press Citizen about the Home Fire Drill. It was on the front page and it was a really good article. But I want to encourage people to participate. You can call the Fire Department and get this interesting pamphlet that tells you how to make a home escape plan for your own home. How you should try to find two different ways to get out of your home especially from your bedroom because that is where people usually get caught with fires in their homes. So I encourage you to get involved. You can also get involved if you work with an Injury Prevention Center, the Red Cross, the Burn Unit at the University Hospital to help older people or people with disabilities develop a plan and to help them. This Home Fire Drill is suppose to happen October 15 which is this coming Sunday at 7:00 PM. Sirens all over the county are going to go off. So don't think that some strange storm is happening or some weird event has gone on. This is a planned thing and pretend like there is a fire in your home and find an escape plan out of your home. Thanks. Nov/ Well, I am going to back track a little bit. A week or two ago Steve Atkins and I entertained a visitor from Italy, a member of parliament. And Steve did a very nice tour of our City Civic Center and I have to compliment the Department of Document Services because this was the only time the visitor from Italy took out his pen and made notes. He was very impressed that we are so efficient in that particular department. We have to give them a pat on the back. Also I found out recently that there are some small cities in Iowa that actually pay their volunteer board members. They give them $10 a meeting or something like that. I have never heard of that before. Atkins/ I think it is not unlike a lot of the volunteer fire departments that are paid $1 or $10 a year and thereby they can be insured through worker's compensation and some kind of coverage now. I would like to think that our board and commission members don't lead dangerous lives in their doing what they do. But I suspect there may be something and it is not uncommon. It is also, in another community that I served, it was intended to be an expression of a reimbursement for Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October lO, 1995. F101095 #10 page 4 expense. You drive down, you miss meals, things of that nature. It is not an uncommon circumstance. Nov/Okay, I first saw it. Throg/Sue, I would like to report on 23rd of October during a work session our city council is going to discuss possible appointments to an ad hoc economic development committee and that committee is going to perform two tasks to answer the following two questions. First, when the city and local economic development organizations encourage and the expansion and attraction of businesses and industry, what specific types of businesses and industries should we encourage? And secondly, when the city considers offering financial incentives to a firm, what characteristics and practices must the firm have in order to obtain that assistance. And I mention this because I think it is another example of how this council has tried to address an important issue by creating a committee that represents the diverse interests of the people of the city and also because creating this community, forming this committee, exemplifies how this council has strived to forge a pattern of economic development that will provide quality employment opportunities in an ecological sustainable way. So, I think the committee is real important and they have an important charge and I look forward to working with them. Thanks, Sue. Pigott/Two things, Sue. First of all I understand that James Linn of the Iowa City Police Department was elected the president of the Administrative Officers Course at the Southern Police Institute of the University of Louisville and it is a training academy for law enforcement executives and I just wanted to offer our congratualtiosn on that. Throg/I would like to say that I am a graduate of the University of Louisville and- Pigott/Well, maybe you should extend the congratulations. CHANGE TAPE TO REEL 95-121 SIDE 2 Pigott/The dreaded light situation on Burlington and we have all talked about the lack of synchronization of the lights on Burlington Street and we received a memo in our packet this week from James Brachtel, the Traffic Engineer, telling us that the traffic signal equipment which is now in place is not really suitable for coordinating the light system. But that Thlsrepresentson}yareasonablyaccuratetrenscrlptlon ofthelowa Citycouncil meetlngofOctober10,1995. F101095 #10 page 5 the city will be re-lacing this equipment with newer modern equipment which should help implement an coordination plan. However, he says and I think it is important to note, then your traffic coordination may not be improved significantly for several reasons and I would like to list them off because it is important to understand why it is, even with the great equipment that we will have in there, that synchronization may not occur the way people would like it. First of all the east and west flows of traffic are balance throughout the day. Secondly, we have allowed for a longer period of time for pedestrians, specifically some of the elderly people in the community that live across Burlington some time to cross. Therefore, the light times at one light in particular are probably a little longer than other lights. So that is a pedestrian safety issue. People with disabilities as well. A third reason is that the amount of vehicular traffic that turns onto and becomes a part of Burlington Street traffic is significant and it distracts from the ability to provide for moving through traffic. Finally, apparently a pass study done on this street had indicated that nearly 40% of the traffic entering Burlington Street system on Burlington Street does not drive end to end but either turns off Burlington onto a side street or onto Burlington from a side street. So all of these factors combined-maybe anyone one of them wouldn't cause that sort of lack of synchronization and the hold in move of traffic that we now experience. But all of them combined really do seem to clog that street up and while it will improve with the new equipment, it may not be terrible significant. Horow/I think it is important for everyone to realize that that is a state highway. It is not just a street which is part of the problem because it does get more than normal volumes of traffic. But thank you for going through that. People tend to forget all these aspects. They are not even aware of them. Do you have anything else? Pigott/That is it, Sue. Nov/I think we should add the fact there are some of us who claim the lights are well synchronized. If you get one red light, you will get all the red lights. Pigott/One other quick thing, Sue. It is important probably to note in the move towards accessibility that our Chamber door is now equipped with a button you can push, if you are a person with a disability, to open a door automatically for This represents only a reasonably accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 #10 page 6 you. So it is now equipped and it is right in the corner. Horow/Great. Mr. Baker- Baker/Nothing. Horow/On behalf of the citizens of Iowa City I had the honor of sending a letter to our new President Elect Mary Sue Coleman, welcoming her to the city. You can fell when a city breathes a sigh of relief that the pace has been interrupted but now the pace has been resumed and we really welcome President Elect Mary Sue Coleman to our community and along that line last evening I had the honor to present the keys of the city to the king and queen of the Homecoming Celebration for the University of Iowa. That was fun. Friday, this Friday, is the Homecoming Parade, starts at 6:30 and Mr. Pigott will be viewing the parade floats that are right now, as we speak, being constructed. I know they are up on Summit and College. And so, Bruno, they are all yours. Finally, one thing I would like us all to be aware of. Through out Cable T.V. Division, Government Channel, channel 4, we have interactive InfoVision Service. It offers to cable t.v. viewers access to the World Wide Web. SO if you have cable and you have the interest of getting on the WWWand I know that our council members look at me like she knows what she is talking about but I don't. But I am proud of our cable t.v. crew. I really really am and this is quite an accomplishment for this city. So if you are interested in accessing WWW, go for it. Kubby/Check it out, Sue, you will get hooked. Horow/I know. My daughter has already done it. I am resisting. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 #12 page 1 ITEM NO. 12 - CONSIDER A RESOLUTION APPROVING A JOINT AGREEMENT OF COMMUNICATION AND COOPERATION WITH RESPECT TO ALLOCATION i~uND DIVISION OF PROPERTY TAXES FOR INDUSTRIAL NEW JOBS TRAINING PROGRAMS. Horow/Moved by Pigott, seconded by Kubby. Any discussion? Kubby/I think some people might say this is just another way to slow down things happening and the way the agreement is written is that if we don't' deal with these issues and approve the specifics within 25 days that there is an automatic approval. So there is a safety net in there in case we do get bogged down. This is a good balancing of wanting to have public input on economic development issues through training programs and there are public moneys being foregone in order to make those things happen. Nov/ It is a well written agreement and it lasts for two years and this doesn't get renewed automatically. We review it every two years. Horow/It is a thing whose time has come. Any further discussion? Roll call- (yes). Resolution is adopted. Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncil meeting of OctoberlO. 1995. F101095 Agenda Iowa City City Council Regular Council Meeting October 1 O, 1995 Page 10 ITEM NO. 13 - ITEM NO. 14- CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE WATER FACILITY SITE. Comment: This work involves the construction and test pumping of a Jordan well at the Water Facility Site. A 16 inch diameter well will be installed to an estimated depth of + 1600 feet. Estimated well capacity is 1000 gallons per minute. Finish site grading, placement of the permanent pump and construc- tion of the well house are not included in this work. This work will be financed from Water Revenue Bond Proceeds. The bid opening was October 3,1995, and following bids received: Layne-Western, a Division of Layne Inc., North Liberty, IA Winslow Drilling Co., Inc., Walcott, IA Engineer's estimate 9333,586.80 9375,572.69 9246,000.00 Public Works and Engineering recommend that the contract be awarded to Layne-Western, North Liberty, IA. CONSIDER ARES RDING CONTRACT AND AUTHORIZING. MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEN1 IMPROVEMENTS PROJECT. Comment: This project involves the renovation of pumps, motors, piping and controls together with other related work at the three 2 million gallon ground storage reservoir/booster stations. This work will improve the City's ability to control pressure and flow throughout the water distribution system. This work will be financed from Water Revenue Bond proceeds. The bid opening was October 3,1995, and following bids received: Wendler Engineering and Const. Inc., South Amana, IA Weldher Construction Inc., Marshalltown, IA Taylor Construction Inc., New Vienna, IA Hurst & Sons Contractors, Inc., Waterloo, IA Gridor Construction Inc., Plymouth, MN Engineer's estimate 9 675,000.00 9 962,000.00 91,119,100.00 91,143,005.00 91,192,086.00 91,216,900.00 Public Works and Engineering recommend that the award of contract be dclayed for two week~ for furthor cvaluation of bids d,d th~ Engincer'c #13 page 1 ITEM NO. 13 - CONSIDER A RESOLUTION AWARDINS CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE WATER FACILITY SITE. Horow/Moved by Nov, seconded by Kubby. Any discussion? Lehman/Yeah, I had a question I think maybe for you, Chuck. The bid that you are recommending that we accept is 40% more than the estimate. I understand running over but that is a significant amount. Schmadeke/ I think that our estimate is low (can't hear) the project as opposed to the bid being excessively high. our estimate is the average of low bids the last 2-3 years from these same firms. We have since the bid that one of the firms lost money on the last project that they bid. So we probably should have used an estimate that was more of an average between the low and the high rather than the average of the low bids. Lehman/So our estimate is basically taken from history, historical data that- Okay. Schmadeke/Right. Horow/Any other questions? Nov/ Yes. Do you fell that this current bid, $333,000, etc. is about what they have been charging in other situations that are similar to this? Schmadeke/ It appears to be about 10% over what we think it probably should be. Horow/ Is there a reason why that is? Is the industry over constructing or what? Schmadeke/I really don't know. There were just the two bidders and if they are getting more comfortable bidding against one another and more familiar with one another's bidding practices or what. Horow/Are you saying then if we wanted to go outside of the state we might find a lower bid? Schmadeke/Howard Green has attempted to bring in out of state Thisrepresents only areasonably accuratetranscrlptlon ofthelowa CIty council meetlngofOctober10,1995. F101095 #13 page 2 bidders and on occasion they do get one to bid but their bids were way above these two because of excessive moving costs. Horow/Okay. Kubby/So, even though it is 10% over what they are doing in other areas, how do we justify that as a council? What would happen if we re-bid this? Would we get the same numbers back, same people, same numbers? Lehman/I would assume because of the size of the project-I realize that $333,000 is an awful lot of money. But if you are out of state, this is not a huge project to have to come in and probably would come in and higher than this one. Horow/Any further discussion? Roll call- (yes). Resolution is adopted. Thisrepresents only areasonably accuratetranscrlptlon ofthelowa City council meeting of October lO, 1995. F101095 #14 page 1 ITEM NO. 14 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT. Horow/Moved by Kubby, seconded by Throg. Any discussion. Lehman/Was the motion to approve? Horow/Yes, the motion was to approve. Roll call- (no). Resolution has been rejected. Kubby/Did we say why we are doing that? Horow/On the advice of the engineer. Pigott/Because the bid was so far above the- Nov/It was even farther above than the other one. Pigott/That is right. Atkins/Would you like something a little further? Horow/Chuck- Schmadeke/In this case we actually made some mistakes in the bid document and in our attempt to get quality product we actually eliminated competition in the bidding process and we have sole source providers and we want to rewrite our specifications that open that up to more suppliers. I think that is the primary reason. Kubby/ So that means people who bid on the work were using equipment that was expensive to have and move but we really didn't need that kind of equipment to do the job. Schmadeke/No, I think it was more that we wrote the specs so tight that only particular supplier could offer that piece of equipment. So there was no competition. Kubby/Well, there were one, two, three, four, five people who bid. Schmadeke/They all used the same piece of equipment in the bid. Horow/But you feel comfortable that when you rewrite the specs you will still get a quality product out of it? Thisrepresents only areasonably 8ccuratetrenscrlption ofthelow8 Citycouncil meeting of OctoberlO, 1995, F101095 #14 page 2 Schmadeke/It will open it up. Horow/Any further discussion on this? Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 Agenda Iowa City City Council Regular Council Meeting October 10, 1995 Page 11 ITEM NO. 15 - CONSIDER A RESOLUTION OF INTENT TO CONVEY TWO SINGLE-FAMILY RESIDENTIAL DWELLINGS LOCATED AT 3331 DUBUQUE STREET AND 3337 DUBUQUE STREET, IOWA CITY, IOWA, BY A SEALED BIDDING PROCESS, AND SETTING A PUBLIC HEARING FOR OCTOBER 24, 1995. Comment: The new Iowa City water supply and treatment facility location, condemned and now owned by the City, included two single-family residences. These homes are ranch homes, built in 1963, and the City wishes to have the homes removed from the water facilities site. The City's Community Development Coordinator has looked at the homes, and does not desire to use the homes as "affordable housing" to be placed elsewhere. The City will use a sealed bidding process, whereby a bidder will bid on the cost of removal of the home, to another location. Because state law requires that public real estate be disposed of in a certain method, this resolution begins the legal procedure. Action: ITEM NO. 16 - CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 4, "LAND CONTROL AND DEVELOPMENT," ARTICLE C, "HISTORIC PRESERVATION REGULATIONS," SECTION 3, "HISTORIC PRESERVATION COMMISSION," BY INCREASING THE REQUIRED NUMBER OF AT LARGE APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION, AND BY AMENDING THE PROVISIONS FOR FILLING VACATED, UNEXPIRED TERMS. (SECOND CONSIDERATION) Comment: The Historic Preservation Commission, at its August 8 meeting, by a vote of 4-0, recommended approval of the proposed amendments. This ordinance will be accompanied by a resolution amending the Commission's by-laws with regard to the filling of vacated, unexpired terms as suggested by the Rules Committee. The resolution will be introduced at the time this ordinance receives its final reading. No public comments were received at the September 12 public hearing on this item. #15 page i ITEM NO. 15 - CONSIDER A RESOLUTION OF INTENT TO CONVEY TWO SINGLE-FAMILY RESIDENTIAL DWELLINGS LOCATED AT 3331 DUBUQUE STREET ~ 3337 DUBUQUE STREET, IOWA CITY, IOWA, BY A SEALED BIDDING PROCESS, AND SETTING A PUBLIC HEARING FOR OCTOBER 24, 1995. Horow/Moved by Nov, seconded by Pigott. Any discussion? Woito/For council's information, this ad is going into the Press Citizen to generate interest which is above and beyond what our legal requirements are. So we really want people to bids on these. Nov/ Does this ad say that these houses are not going to meet city requirements? They may not be moved in within the city without being rehabbed? Woito/The ad says you take them as is and they are 30 some years old and in average condition. But we will make them available for inspection. They just call Public Works Department and we will give them a tour. Horow/ Okay, there is a motion on the floor. Any further discussion? Roll call- (yes). At this point I would like to announce the election results: Voter Turnout 14%. Election results are: Julianna Johnson, Dee Vanderhoef, Karen Kubby, and Howie Vernon. Congratulations. Thisrepresents only areasonably accuratetranscrlption ofthelowa City council meetlngof OcteberlO, 1995. F101095 Agenda Iowa City City Council Regular Council Meeting October 10, 1995 Page 12 ITEM NO. 17 - CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 9, CHAPTER 1, ENTITLED" MOTOR VEHICLES AND TRAFFIC," ARTICLE 7, ENTITLED "TOY VEHICLES." (SECOND CONSIDERATION) ITEM NO. 18 - Comment: The present City Code prohibits skateboards, rollerblades and other toy vehicles from the pedestrian mall and on "roadways." However, the present definition of "roadway" does not include parking ramps and parking lots. The amended ordinance includes parking ramps and parking lots as CODE, BY AMENDING THE SUBPOENA POWER OF THE HUMAN RIGHTS COMMISSION, BY ADDING THE DERNITION OF GENDER IDENTI~, AND BY ADDING GENDER IDENTITY AS A PROTECTED CLASS. (FZRST CONS~DE~T]ON) Comment: The Iowa City Human Rights Commission voted to recommend to Council that it adopt these amendments. The first amendment provides the Human Rights Commission with the authority to issue subpoenas and order discovery in cases involving allegations of discriminatory practices. The second amendment adds "gender identity," to all the sections in the Ordinance where protected categories are listed. This amendment also includes in Section 21-1, a definition of gender identity. Ac,ion= /2 ,:'? ITEM NO. 19 - ADJOURNMENT. f. #17 page 1 XTEM NO. 17 - CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 9, CHAPTER I, ENTITLED "MOTOR VEHICLES AND TRAFFIC," ARTICLE 7, ENTITLED "TOY VEHICLES." (SECOND CONSIDERATION) Horow/Moved by Pigott, seconded by Baker. Any discussion. Kubby/I want to make a motion to delete parking lot from this ordinance as per our discussion last week. Throg/Second. Morow/Moved by Kubby, seconded by Throg to delete parking lot from the main motion. Kubby/The reason I am making this motion is that I have been trying to think of what the public parking lots are that the city owns that are not part of parking structures and the only one that I can really think of is- Atkins/Behind the Rec Center, next to the Mill, Library, Market Street. Kubby/Okay and the reason I don't want to prohibit skateboards or line skates in those instances is that some people use those as means of travel and that cars or bicycles have a right to be there. It is easier to see them in a parking ramp because you don't have the corners that are obstructed as much and that I think they should have the legal right to be in the parking lot on skateboard or rollerskates. Lehman/I appreciate your comments but I think if we specifically exclude parking lots we may be opening ourselves to liability in case someone gets hurt on skateboard or whatever in a parking lot. To me it is a matter of liability and not a matter of transportation or recreation and so I guess I can't support that just because I think we have a certain responsibility to respect the city from the liability. Nov/ I also think this is a safety issue. I think that a person who is traveling fast enough to be considered a vehicle is in danger of being hit by a car backing out. Horow/Anybody else? Throg/I was going to ask Linda is she has any observation about the liability point that Ernie brought up. Not to put you in This represents only a reasonably accurate transcription of the Iowa City council meeting of October 10. 1995. F101095 #17 page 2 an awkward position. Woito/Not really, no. Horow/My comment is the parking lot areas are for parking, either for the vehicle of for the bicycle. We don't have parking for rollerblades or skateboards and so to me that is truly not an appropriate area. Albeit I recognized it is used as a cut through, it really isn't an appropriate area for the skateboard or rollerblades. Any other discussion? Throg/Where are skateboarders allowed to skate? Horow/Currently in your own private property. Kubby/They can't be in a neighborhood on a sidewalk or on a street in a neighborhood legally? Woito/They can be-no, they are not bicycles. There really isn't any place for them in Iowa City. Kubby/So basically, if you are skateboarding in Iowa City, it is illegal. Woito/Basically. Kubby/I think we need to- Woito/I have mentioned this to the police on numerous occasions that we need to address this/I mean it is a fact of life and we ought to figure out where we are going to permit them. What is appropriate and what is not appropriate? Kubby/ Woito/And I think probably now is the time. Horow/ Is this question on of-Is it seen transportation versus recreational? This is complicated than just police. Woito/They are the ones- Lehman/Legitimate recreation. Pigott/It is legitimate recreation. Council/(All talking). as legitimate a little more Thlsrepresents only ereasonably accuratetranscription ofthelowe City council meeting of October 10,1995. F101095 #17 page 3 Kubby/I almost feel like I want to defer this ordinance until we have figured out where- Instead of prohibiting-This just means they can't be anywhere. Pigott/If you don't prohibit it in parking lots, it means the only place you can do it is parking lots. Right? So right now the only place you can do it is a parking lot or a ramp. I don't think that is very safe and I don't like that idea at all. On the other hand, there has got to be someway we can work it out so they could use your skateboards or blades in some other area. Atkins/Are you sure we can't do it in residential areas? Nov/I have seen them in City Park. Atkins/On publicly zoned land. I know that- Pigott/Where is it legal? Woito/I can't say that it is legal in a street. Atkins/No, I understand what you are saying. I am talking about like on a sidewalk in a residential neighborhood. Nov/Or some of the trails where you are allowed to ride bicycles. Woito/(Can't hear). In a residential area, arguably on a sidewalk. Atkins/That is what I am thinking. Throg/We seem not to be entirely clear about what is permitted and what we are prohibiting and so on. It is an argument for deferring. Horow/It is clear to what is prohibited. It is just not where they are- There is a motion on the floor to delete this from the main motion. Does the maker of the motion wish to continue this, withdraw it, make a different motion? Kubby/(can't hear)...vote on motion. Horowitz/Ok, the motion to delete the parking lot from motion. All those in favor signify by saying, aye. Throgmorton) Opposed? (Baker, Horowitz, Lehman, Pigott. Motion fails.) Substitute motion? the main (Kubby, Novick, Thisrepresents oniy areasonabiy accuratetranscription ofthelowa Citycouncil meeting of OctoberlO, 1995, F101095 #17 page 4 Throgmorton/I would like to make a motion that we defer item 17 instructing staff to investigate where we can allow skateboards... Kubby/Any toy vehicle, I'm uncomfortable with that term. I second that. Horowitz/Ok, moved by Throgmorton, seconded by Kubby to defer Item 17 ... time indefinite? Novick/I still believe that this is a safety issue and I prefer not to defer it. I prefer that we do not have someone hit by a car in a parking lot or a ramp and have them assume that they were legally safe there. Horowitz/ The motion is on the floor I'm asking is the time definite or is the time indefinite? Kubby/Time indefinite. We don't know how long it will take... Horowitz/Ok, is there any further discussion? Pigott/If this motion is voted down then I'd still be interested in instructing staff, regardless of the outcome of the motion, to investigate ways in which we can ensure that this is a legal action in the city and some places where there is no street in the neighborhood... Horowitz/ Alright the motion is to defer Item 17 for an indefinite...(can,t hear) toy vehicle... All those in favor signify Throgmorton) Opposed? (Baker, Pigott). That motion is defeated. for second consideration. by saying, aye. (Kubby, Horowitz, Lehman, Novick, Back to the main ordinance Kubby/ (can't hear) ... toy vehicle term? Woito/When you are recodifying we couldn't think of another term and the Police couldn't come up with one and it has been around forever so we just kept it there. It is not a very good one in light of today's lifestyle. Horow/Okay. Nov/It is the only one we have now. We can change it later. Thlsrepresents only areasonBbly accuratetranscrlptlon ofthelowa Citycouncil meeting of OctoberlO, 1995. F101095 #17 page 5 Throg/Given the caveat that Bruno had suggested and given the prior votes, I will support it. Horow/Okay, the original motion was made by Pigott, seconded by Baker. Roll call- (yes). Second consideration is adopted. This represents on[y a reasonably accurate transcription of the Iowa City council meeting of October 1 O, 1995. F101095 #18 page 1 ITEM NO. 18 - CONSIDER AN ORDINANCE AMENDING TITLE 2, "MUMAN RIGHTS," CITY CODE, BY AMENDING THE SUBPOENA POWER OF THE HUMAN RIGHTS CONMISSION, BY ADDING THE DEFINITION OF GENDER IDENTITY, AND BY ADDING GENDER IDENTITY AS A PROTECTED CLASS. Horow/Moved by Kubby, seconded by Baker. Any discussion? If there is anyone who wishes to make a comment who has not previously made a comment on it. Some of the council members have certainly opened up that avenue. Any further discussion on the part of council? Lehman/Sue, there has been some change in the wording and I don't think it is probably material from what we heard at the last p.h. Woito/No. Lehman/And I am going to support this because I guess I find it very difficult not to support an ordinance that protects people's rights but I think that we need to look very closely at how specific we are going to get. We have tall people, short people, fat people, skinny people. I mean I think at some point_ I mean we can have an ordinance that goes on forever protecting individuals of certain areas and I think I support this and I don't disagree with it. But I think that we could become so specific that we would be so mired down in trying to identify certain groups that we want to protect that it will be unmanageable. Horow/Thank you, Ernie. Does anybody else care to address council? Roll call- (yes)° Great, the ordinance is adopted. Thisrepresents only a reasonably accurate transcription ofthelowa Ci~ council meeting of October 10,1995, F101095 City of iowa City MEMORANDUM DATE: TO: FROM: RE: October 6, 1995 City Council City Manager Work Session Agendas and Meeting Schedule October 9, 1995 6:30 P.M. 6:30 P.M. 6:50 P.M. 7:30 P.M. 7:45 P.M. 8:05 P.M. 8:20 P~M. - 8:40 P.M. - 8:55 P.M. - October 10, 1995 6:30 P.M. - 7:30 P.M. - October 23, 1995 6:00 P.M. - October 24, 1995 6:30 P.M. - 7:30 P.M. HondaX City Council Work Session - Council Chambers (TIMES APPROXIMATE) Review zoning matters Proposed Fringe Area Agreement Industrial Land - Scott Boulevard Area Kirkwood New Jobs Training Program Agreement Confined Space Rescue Program ~able Franchise Overview Council agenda, Council time, Council co~nittee reports Consider appointments to the Riverfront and Natural Areas Commission Tuesday Special City Council Meeting - Council Chambers Executive Session (Pending Litigation) Regular City Council Meeting - Council Chambers Monday City Council Work Session - Council Chambers Tuesday City Council Work Session - Council Chambers Meet with Johnson County Board of Supervisors regarding proposed Airport Master Plan Regular City Council Meeting - Council Chambers PENDING LIST Appointments to the Senior Center Commission - October 24, 1995 Appointments to the Board of Appeals, Design Review Committee, Human Rights Commission, Parks and Recreation Commission, and Planning and Zoning Commission - November 7, 1995