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.
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#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.
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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.
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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.
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#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.
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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
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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
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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.
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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-
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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).
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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.
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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.
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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).
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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.
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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
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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
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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
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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
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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.
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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.
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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
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F101095
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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.
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#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?
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Schmadeke/It will open it up.
Horow/Any further discussion on this? Okay.
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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
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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
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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,
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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.
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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