HomeMy WebLinkAbout1995-11-07 AgendaIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF NOVEIVIBER 7, 1995
7:30 P.M.
COUNCIL CHAIV1BERS, 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. ~
ITEM NO. 1 -
ITEM NO. 2 -
ITEM NO. 3 -
AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - NOVEMBER 7, .1995
7:30 P.M.
COUNCIL CHAMBERS
CALL TO ORDER.
ROLLCAL'. .
OOLA O.S.
a. Geography Awareness Week - November 12-18, 1995.
b. Hospice Month - November 1995.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Approval of Official Council actions of the regular meeting of October
24, 1995, as published, subject to corrections, as recommended by the
City Clerk.
b. Minutes of Boards and Commissions.
(1) Human. Rights Commission meeting of September 26, 1995.
(2) Human Rights Commission meeting of October 9, 1995.
(3) Human Rights Commission meeting of October 23, 1995.
Planning and Zoning Commission meeting of October 19, 1995.
Parks and Recreation Commission meeting of October 11,1995.
(6) Broadband Telecommunications Commission meeting of Septem-
ber 29, 1995.
(7) Broadband Telecommunications Commission meeting of October
30, 1995.
(8) Historic Preservation Commission meeting of September 12,
1995.
Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class "E" Beer Permit for Eagle
Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge
Street. (Renewal)
Welcome page
Welcome
Horow/ Before we continue, any of you out there watching us, if you
have not voted this evening, turn off the television set and
go and vote, please. Polls are open until 8:00. I encourage
you to participate.
The next issue I would like to take up before we continue is
a welcome to some members in the audience of the Friendship
Force. These are visitors from the Ukraine. Would you please
stand (applause). They are in the Iowa City-Cedar Rapids area
from November 2-9 and they have been to many places in the
city this evening. They were here, received our welcome pins
and learned a little bit about Iowa City. Welcome and have a
good time. Thank you.
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Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 2
(2)
Consider a motion approving a Class "E" Beer Permit for Eagle
Food Centers, Inc., dba Eagle Food Center //220, 1101 S.
Riverside Dr. (Renewal)
d. Setting public hearings.
(1)
CONSIDER SETTING A PUBLIC HEARING FOR NOVEMBER 21,
1995, ON A RESOLUTION ADOPTING THE NEAR SOUTHSIDE
DESIGN PLAN,
Comment: Earlier this year, the City. Council hired the consultant
Gould Evans Associates to prepare a design plan for the Near
Southside Neighborhood. The City Council formed the Near
Southside Design Plan Advisory Committee to assist the consul-
tant with preparing the design plan. The public hearing on
November 21 will provide the public the opportunity to comment
on the design plan prior to the Council's adoption of the plan.
e. Resolutions.
(1)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF
LIENS REGARDING PROMISSORY NOTES AND A UCC2 FINANC-
ING STATEMENT EXECUTED FOR PROPERTY LOCATED AT
1123 MAPLE STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 1123 Maple
Street received assistance through the City's Housing Rehabilita-
tion Program on December 21, 1990, November 19, 1991, and
January 23, 1992. The financing was in the form of Life Liens
for the amount of $3,000 and $21,150 respectively in addition
to a UCC2 Financing Statement for appliances. The notes were
paid off on October 27, 1995, thus the liens can now be
released.
(2)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
LIEN REGARDING A PROMISSORY NOTE IN THE FORM OF A NO
INTEREST LOAN EXECUTED FOR PROPERTY LOCATED AT 917
NORTH GOVERNOR STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 917 North
Governor Street received assistance through the City's Housing
Rehabilitation Program on June 7, 1989. The financing was a
Promissory Note in the form of a no-interest loan for the amount
of $2,600. The note was paid off on October 25, 1995; thus
the lien can now be released.
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 3
f. Correspondence.
{1) Letter from Sonia Ettinger regarding railroads.
(2) Letter from Roderic Lakes regarding Melrose Avenue.
{3)
(4)
Letter from George Knorr regarding the Iowa City Airport Master
Plan. A memorandum from the Airport Manager is attached.
Letters regarding PATV from:
(a) Timothy M. Clancy
(b) Robert Sayre
(c) PATV, Access 2
(5)
Letter from Suzanne Erenberger, representative for the Mill-
er/Orchard Neighborhood Association, regarding land acquisition
for a park.
(6)
Letter from Eric D. Miller regarding parking in the Chauncey
Swan Ramp.
17) Memorandum from the Traffic Engineer regarding parking
prohibition on Jensen Street.
(8) Notice of Purchase of Equipment from the Purchasing Division.
~ Th~c~..]n the agenda in compliance with State Law.
g. Applications for City Plaza Use Permits.
(1)
Application from the Iowa Socialist Workers Campaign for
permission to set up a table on October 28, 1995, for the
purpose of distributing literature. {approved)
h. Applications for Use of Streets and Public Grounds.
(1)
Application from The Salvation Army for permission to use public
property for the Christmas Kettles during the period of November
13 and December 24, 1995 (approved)
12)
Arthritis on December 2, 1995. (approved)
Application from Jeff Mickey to have the Jingle Bell Run for
END OF CONSENT CALENDAR
To;
From:
Date:
Re:
City of iowa City
MEMORANDUM
Mayor, City Council and General PubtiC
item No.3f[9)
item No.3f[10)
City Clerk
November 6, 1995
Additions to the Consent Calendar
Copy of letter from Daniel Dakins to David Baiiie, Real Estate
Manager for Hy-Vee, regarding their proposed site plan on First
Ave.
Letter from Pat Schnack regarding Community Reading partners.
- Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 4
ITEM NO. 4- PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
ITEM NO. 5-
PLANNING AND ZONING MATTERS.
a. Consider setting'a public hearing for November 21 on an ordinance
amending the Zoning Chapter to allow adult day care, elder family
homes, and elder group homes under certain conditions in Iowa City, and
to change the definition of elderly.
Comment: At its October 19 meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of amendments,
as revised on O~tober 19, to incorporate provisions for adult day care,
elder family homes and elder group homes, and the definition of elder
into the Zoning Chapter. This recommendation is consistent with the
staff recommendation for this item.
Consider setting a public hearing for November 21 on an ordinance
amending the Zoning Chapter to require bicycle parking for commercial
and multi-family residential development.
Comment: At its October 19 meeting, by a vote of 7-0, the Planning
and Zoning Commission recommended approval of amendments to the
Zoning Chapter requiring bicycle parking for commercial and multi-family
residential developments, per the October 19 staff memorandum.
#4 page 1
ITEM NO. 4 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Horow/ This is for items not on the agenda. I would ask you to sign
in, state your name. If you have already sent us a letter,
please do not re-read that letter, merely summarize and keep
your comments to no more than five minutes.
Sam Doyle/ I wrote you a letter awhile ago and I wrote you a letter
in concerns of doing a parking display of art here in Iowa
City and Mr. Steven J. Atkins, I called you more than ten
times within the last three weeks as well as stop by your
office and spoke to your secretary and I have gotten no
response as an Iowa City city citizen.
Horow/ Mr. Doyle, could you tell me once. I didn't hear it at
first. ~Fnat was the problem?
Doyle/ The problem was that I wrote a proposal to the city council
about doing a display in the Chauncey Swan Parking Lot across
the street, an art display. The letter came and I got a denial
letter back telling me that my art was considered too
controversial and might cause public damage-would cause damage
in a public parking lot for the display. But before I start !
would like to read you something and I am making note that my
comments are made under five minutes. This is a short sumsmary
of something written by Ralph Ellison. He says, "I am an
invisible man. No, I am not a spook like those who haunt at
Edgar Allen Poe. Nor am I one of your Hollywood movie
ecoplasms. I am a man of substance, flesh and bone, fiber and
liquid and I might even be said to possess a mind." I am here
in Iowa City and I chose to come here to Iowa City, after
graduating from Cornell, to practice my art because I am hot
from winning two $50,000 grants from the NEA and NEH and I
chose Iowa City to do it because I thought about its diversity
and all you have to offer as a college student as I came here.
But as I come back here from New York to live here for a year
I felt a lot of things wrong and no, I no longer want to
display my art or chose to use this as a public view and a
venue of a visual text and written text to display my art. You
know, I find a lot of problems here and I was told that I
couldn't display my art because it would cause controversy.
Yet, let me take you into your mind. There is a city in the
ped mall, there is a store. It is Mode Americana. Right across
from it there is this new sub shop and there is also a new
coffee house. In the middle there is city property. What is
the city property? This city property is a graying machine of
electrical powers. What is on this graying machine? There is
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a plastic poster of Moo Ma, my brother Moo Ma who has been in
jail since 1981. On the poster it said, punk with a gun. Fry
him. That is a public art display on public property that is
very offensive to me. That is not going to remove. My art is
examining sub-psyche of how we, as black men, are hung. My
intention to tonight was to bring you all newes so that you
visually could see how I am hung as a black male here in Iowa
City. But I chose not to. I ask you to close your eyes and to
think about how all these things affect me. Not just me but me
and other people of color. How dare a business here in Iowa
City opens called Whitey's Ice Cream Parlour. Whitey's Ice
Cream Parlour. Moo Ma, a punk with a gun. Let him fry. It has
not been removed, Steven J. Atkins. I was told that you were
the one. I called, I checked around. I came directly to the
source. It has not been handled nor have you called me nor
have you written me or anything.
Kubby/ So Sam, I had misunderstood. When we had talked I thought
the public art that you were talking about was some reflective
murals on the ramps, the Capital Street Ramp or the Dubuque
Street Ramp that you were talking about.
Doyle/ I am talking about the one directly across the street
because it is the Chauncey Parking lot, one of the founders of
Iowa City and I am working with black art. I am a black man
here. It is almost like the plantation thing. Iowa is still
set up in many different districts, in many different towns
and the conceptual part about my art is doing things on
h~storical landmarks. you all named it because he was a
founder of Iowa City. That says a lot to me. That says
building grounds. It says foundation. What did I tell you that
I was here to do? I was here to do landmark art projects. You
know, because I create a visual text. Not only that, my art is
made to be bought and funded. Right now I am having an art
show in December to fund the DVIP here in Iowa City as well as
the Coralville Head Start Program. This show was meant that I
would take it and document it and I would tape the slides. I
only asked for a week or as much amount of time that you could
give me so that I could document this.
Kubby/ Does anybody remember seeing the letter? Did we copies of
that?
Doyle/ I have a letter and I could send it to you and I can bring
it to the next meeting.
Pigott/ That would be great.
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Kubby/ If you send it to us we will get it before then.
Horow/ Thank you very much. Anyone else who cares to address
council?
Bruce Glasgow/ 834 N. Johnson, Iowa City. I want to talk to you
once again about the parking limitations in the CN-1 district
and of course our restaurant at the corner of Scott and Court
Street. I am enclosing a list of signatures obtained at the
Mid-Town Restaurant supporting the establishment of another
restaurant in Iowa City similar to the one on Iowa Avenue. It
is 571 signatures of patrons who have signed this petition. We
have one objector. And that was a letter to the editor with no
address given. The only other objectors that we had for this
restaurant came from the staff and from the Board of
Adjustment. This Board of Adjustment indicated that they could
not overrule the city staff on anything on this case. The
Board declined to read any letters from patrons approving of
this restaurant. Now we have listened to hours and hours of
political broadcasting, stating that this council listens,
they ask hard questions, they get the public involved in all
matters and then they make their decision based on information
given to them by the public. I tend to doubt these statements.
I have two of the six CN-1 zones that this alleged ordinance
was adopted without my knowledge, without any input from me.
The restaurant odds were 571 for, 1 against. It would seem
that we have a government for the staff rather than a
government for the people. I ask this council to investigate
the change in the parking regulations of the CN-1 zone and
especially the limitation of parking. These ordinance changes
were not done in any legal manner that I can find. They just
appeared and this parking regulation is stupid. Thank you very
much.
Horow/ Anyone else care to address council on any issue?
Baker/ I just have one quick response. It is not even a response.
It is a comment. The things we do don't appear out of thin air
and we can go back and discuss the history of any ordinance,
regulation, rule at least in the past two years at anybody's
request. But the public should not be misled. This is hard to
respond-
Horow/ This is not- Chair would entertain a motion to accept the
correspondence. Move by Kubby, seconded by Pigott. Any
discussion? Okay- Let me take the vote for accepting this
correspondence. All those in favor signify by saying aye
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(ayes). Give that to the Clerk.
Throg/ Just to reinforce a point that Larry just made. Whenever an
ordinance is proposed, we have a p.h. on the ordinance. The
fact that there is going to be a p.h. is announced in advance.
There are three readings on the ordinance. The ordinance has
to be voted on three consecutive meetings which means it is
spread over a total of typically six weeks. I don't know if
Mr. Glasgow knew that that was happening but there was
certainly the opportunity to comment on the ordinance and to
influence the votes of the people on city council.
Kubby/ I think there is another point of clarification that may be,
for me, that is maybe even more important because I think
people know that we do the public business in the public eye
here and that is the decision was made by the Board of
Adjustment which those individuals are indeed, appointed by
the city council but their decisions are of a quasi-judicial
nature and the council and should not lobby those individuals.
And if the council or the community-I don't know if the
community can go to district court on something. But if the
applicant or the council doesn't like the decision of the
Board of Adjustment, then the recourse is district court. So,
it wasn't the council who refused to read letters or refused
to listen. It wasn't our decision to say no to going well
beyond what is documented in the ordinance. I think that is
important to understand the kind of process to use in making
exceptions on zoning appeals.
Horow/ Thank you, Karen.
Baker/ I just want to say one more thing. I am sorry. Having served
on the Board of Adjustment at one time and knowing the five
members that are presently on the Board of Adjustment it is an
insult to imply that they did not listen, think through the
issues. It is an insult to think that they are not autonomous
and will not disagree with a staff proposal, council
regulation, a P/Z proposal at any time. They have a history of
doing that. That is what they are there for and if someone, as
Karen said, doesn't like the decision, they can sue us.
Horow/ Council asked the mayor to get together with the owners of
the restaurant which I have done and in fact, what I consider
very friendly conversations. We certainly do not want to put
anyone out of business. I think that Mr. Glasgow is very aware
of that and this is his property that he is trying to sell
them to build on. And so, there is obviously two sides to
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every story. Enough of this.
Bob Welsh/ 84 Penfro. Let me first of all express appreciation to
the seven of you for your service to Iowa City. Two of you
decided not to continue your service and I would publicly
express my appreciation to you, Susan and Jim, for your
services. And three of you have chosen to continue, two of you
hope to continue and to all seven of you though, I would
express appreciation. I think people do not realize how
indebted they are and how much you all give of yourself. I
came to address the franchise Agreement. I realize you have
the ordinance on later. This has to do with the Franchise
Agreement. Let me state that I believe as I did in 1973 that
Iowa City should have a BTC system that will provide
educational, cultural, and social services to all of the
residences of this community. Unfortunately we do not have
this type of system in 1995 and we should take steps now to
make sure that we have such in the year 2005. I have reviewed
the Franchise Agreement and let me express to you my
disappointment. When I examined the two page summary of the
city's request from the proposed franchise, I can only
conclude that TCI was very unreceptive to the city's very
reasonable request and I am disappointed in what TCI is
offering and I think citizens such as myself need to express
that opinion to you. Citizens need to know that TCI makes a
profit of over $1 million each year off the franchise we gave
away. I felt the city should not have granted the franchise it
did. That is water over the dam. What is not over the dam is
whether or not you choose to grant the franchise and what that
franchise says. That is your decision on behalf of the
citizens now. And what I am doing is expressing disapproval of
the action of TCI. It is no way a disapproval of staff, of the
Commission. But it is disapproval of the action of TCI. I have
read the staff memo and I have attached two pages of that
staff memo to you along with my memo. Item #7 of that memo
talks about sufficient grounds to deny renewal of the
franchise. I call your attention to the fact it says our
consultant has advised against that alternative if, a big if,
an acceptable renewal agreement could be reached. I think what
we have is what TCI is willing to offer. I think we need to
say this is not acceptable. In the interest of time let me
skip over some of the parts that I have written to you. Let me
say in relation to Item #9 of the staff agenda that I would
surely hope that a part of the franchise agreement and I do
not find it in the franchise agreement would include words
such as if the franchise fails to fulfill any part of this
agreement the franchisee agrees that there will be just cause
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for the city to revoke and or to decline to renew the
franchise. I can only think of two reasons why TCI would not
want that. One is that they would expect to continue to what
they are promising or they do not plan to. They are either not
sure or do not plan to. If neither of those are the case, then
there is no reason to note that in it. In relation to item #11
which has to do-charge for city services using the fiber
network. I believe that 8.h. should be changed. The city
should not pay a maximum equal to the lowest rate provided.
The city should pay no more than actual cost. I point out
again, TCI is making one heck of a big profit off what the
city has given to them and the city should be able to utilize
that upstream at cost, not at their lowest rate provided. In
reaction to #12 & 13 in the staff document which both have to
do with capacities and all. I believe that TCI should be
required to provide Iowa City with a state of the art system.
I think in a ten year period they should be required to update
that at the 4th and 7th year. I think the state of the art
system should be defined as one that features-has features
equal to those being introduced during the same year in any
system owned by TCI, not comparable cities in the State of
Iowa. There are no cities comparable to the City of Iowa City
in the State of Iowa. We should expect and require TCI to give
us the best that it has to offer. We need no less than that.
If TCI does not agree, this is on page 3 of my memo, with
failure to comply is just cause to revoke and or decline to
renew the franchise. If TCI does not agree to the city's use
of upstream capacity at cost and if TCI does not agree to
provide Iowa City with a system equal to it's best, then I
think Iowa City needs to look at other ~]ternatives. I hope
you, on behalf of the citizens of Iowa City, will say to TCI,
the present agreement is not acceptable and needs to be
changed before we, we being the collective city and you have
to act on behalf of them, approve the agreement. And one other
thing if I have time. Some of you know that I was the Chair of
the first cable committee. One of the first books I read on
cable was entitled Cable Fable and it talked about federal
regulations at that time and it said but there are some cities
that are unusual and there were three mentioned and Iowa City
was one of them. And Iowa City is a real cream and it is
unfortunate that here we are in 1995 and we do not have a BTC
system that will provide educational, cultural and social
services to all the residences of this community. The city's
request should get you a heck of a long ways towards that goal
and it is one that I would urge you to pursue.
Horow/ Bob, thank you for your interest in this particular subject.
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Throg/ Bob, could I ask you a question?
Welsh/ I am not sure I can answer it.
Throg/ As usual, I am impressed by the thoroughness of your
comments. I guess what I am wondering is what you think? There
~s a technical term in negotiations called best alternative to
a negotiated agreement. And I guess I am wondering what you
think the city's best alternative to this franchise is?
Welsh/ #1 I guess, Jim, I would go under the assumption that TCI
has a terrific investment in this community. They also have a
terrific profit margin in this community. You look back in
your original projections as to what the penetration rate
would be in terms of economic feasibility. We are way over
that. If you look at those original projections there was not
one cent figured in relation to such a thing as advertising.
When I raised that question about that didn't make any sense,
it would surely be income that would come into a system
because of advertising and what was told by the consultants at
that time out of Yale was no, that is not projected in the
picture for cable. Unbelievable. I guess all I am saying is I
think there is such a thing as hardbailing. I think the staff
has gone as far as they can and I think it is now up to you
and I think you need to say to TCI, frankly, we don't think
this is good enough and TCI then has some options at that
point. TCI can either say yes, we can improve what we are-have
now thus far agreed to or they can say yeah, hey, we will go
else where. They can always sue you like you are mentioning to
Mr. Glasgow at that point. I guess, you know, and Jim, how
that scenario plays out, I can't tell you. Okay? All I know is
that this community deserves a better system than what this
franchise agreement provides and it needs it, I think, now.
But this doesn't even provide it in the year 2005 and I think
that is unacceptable.
Horow/ Thanks, Bob.
Lehman/ I have a question and a comment. You made the comment that
TCI has a tremendous investment in Iowa City. And you also are
obviously unhappy about them making $1 million. What kind of
return is that on their investment?
Welsh/ I do not know, sir.
Lehman/ Well, then. How can you complain about their profit?
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Welsh/ You will note that in your staff memo one of the things TCI
was not willing to agree to was having a percentage of their
profit-I mean a percentage of their investments. So they are
definitely are making more than a reasonable percentage of
their profit returns.
Lehman/ I think that is a conclusion on your part. But I guess-
Welsh/ From a look at your staff memo, I wasn't a part of the
negotiations but they are saying at one point we are not a
utility, which they are not technically. But in another part
in terms of your staff memo and underground, they need to
comply with, as all utilities do. Cable is in one term is a
natural monopoly and I would have to say quite frankly, Ernie,
I can think of a lot of ways that I would rather have that $1
million used than going to Colorado.
Lehman/ But it is not your $1 million. I think the point here is
that we had-
Welsh/ I think that in part it is not my $1 million but I sure got
part of that $1 million that they take because-
Lehman/ But we as a city have no part in their investment and I
guess from my personal standpoint I think we have been doing,
for what-almost four years. We have got, I think, as good as
folks on the staff and you alluded to those folks. I would
love to have best possible agreement that we can come up with.
I am not at all sure that we haven't come up with the best
that we can come up with. We hired experts. We have got our
own people. They have worked years on this thing. You know, at
what point do you stop. At some point you have to sit down and
say okay, this is the best we can do under the circumstance.
Welsh/ And at some point, you as a council on behalf of this
community, needs to make a decision. And you seven are
entrusted by the community to make that decision and you can
say hey, we have the best that we can. All I am telling you
is, honestly, I don't think what TCI has agreed to-If you just
look at your city's request, do you think those requests by
the city are unreasonable. I don't think they are
unreasonable. In fact, if I had written that, it would have
been even more stringent that that.
Horow/ Okay, we really must keep going. Thank you, Bob. Could we
have a motion to accept? Moved by Pigott, seconded by Throg.
Any discussion. All those is favor signify by saying aye
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#4 page 9
(ayes).
Baker/ Sue, this is on the agenda for later on. I think we will all
have some things to say. You are not going to drop the subject
now.
Nov/ Excuse me, I just realized. We are talking today about the
ordinance rather than the Franchise Agreement, are we not?
Helling/ That is right. The item on your agenda is only the
ordinance, first consideration.
Horow/ Is there anyone else who cares to address council on an
issue that is not on the agenda?
Ed Cole/ I live at 2254 South Riverside Dr. Before I start I would
like to show you on the map a piece of property that I am
going to talk to you about. Can you kind of recognize where
that is at?
Baker/ Is that in the city limits?
Cole/ Right at the city limits.
Kubby/ Just on the outside of the city limits.
Nov/ South of the airport.
Cole/ We have tried between '93 and '94 to get a subdivision on a
ten acre piece of ground down there. It was denied because we
do not have city utilities down there. We don't have city
water, sewer or city maintenance on the streets and the
entrance was an issue also. But these items could have been
easily worked out and the city officials tell us that we will
not have city services down there for approximately 25 years.
Presently at the site we have telephone, cable, gas, electric.
We have easements in place, our wetlands determination, our
permission from the Army Corp of Engineers to fill, and a
building permit for a 50 X 200 foot building we just finished
all the dirt work on. What we do not have is city sewer, city
water, city streets. In the past two years we have turned down
between 20-25 businesses because of not being a subdivision.
A few of these businesses love the location strictly because
of the airport. The rest of them like the highway access. When
you come into Iowa City from the south side there are a lot of
compatible businesses, 4-H Fairgrounds, auto-cycling
businesses, a 350 manufactured housing development just
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F110795
#4 page 10
approved by the county, a bowling alley, Protein Blenders,
Gringer Feed and Grain, the University Print Shop, Iowa City
Ready Mix, Mauer Moving and Storage, and the Army Reserve
Center. Iowa City is a great place to live. Our college and
our school systems are among the top in the nation. We have
the Avenue of the Saints. We have 1-80 and some of the best
traffic counts in America. With the anti-growth and lack of
compromise on our city council and the fact that the city does
not have utilities down there for us, we are voluntarily
trying to de-annex from the city. If you have any questions
you can contact me at my home. Thank you.
Horow/ This is something that we will have to ask staff about this
and get more information. Obviously we cannot respond to you
right now. But we certainly appreciate you coming before.
Throg/ Sue, I want to make an observation. You use a phrase anti-
growth and lack of compromise on the part of the city council.
Have you brought this particular problem before this
particular city council with in the last couple of years?
Cole/ We started in '93 and Ralph Stouffer from Landmark Surveying
was handling all of that and what we were getting is the lack
of the entrance was an issue and not having city sewer down
there was the other issue was the reason for denial of the
subdivision.
Throg/ The only reason I ask the question was because to the best
of my knowledge this is the first I have heard of your
particular situation.
Cole/ Okay.
Throg/ I am hearing you say that this council is anti-growth and
not compromising without knowing about the particular issue,
we weren't in a position to try to deal with it. So referring
it to staff makes a lot of sense.
Horow/ Running a sewer down there is not a-
Cole/ I know it is not. It is 3,750 feet and we were going to run
a pump station back up. Even offered to pay for the thing.
Horow/ That is a lot of money.
Cole/ And the response then was the sewer down there now is not
adequate enough to handle what we were going to pump into it.
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Fl10795
#4 page 11
So-
Horow/ Again, I think these are the issues that staff is going to
have to take a look at and we can't engage in a discussion.
Thanks. Anyone else care to address council on any item that
is not on the agenda. Okay.
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F110795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 5
c. Consider setting a public hearing for November 21 on an ordinance
amending the Zoning Chapter by conditionally changing the use
regulations of an approximate 5.2 acre tract of land located east of Old
Dubuque Road and north of Dodge Street from RS-5, Low Density
Single-Family Residential, to OPDH-8, Planned Development Housing
Overlay. (REZ95-0010) ~
Comment: In a letter dated October 2~,~1995, the applicant requested
that the Council set this public hearing for November 21. It is anticipat-
ed that the Planning and Zoning Commission will make a recommenda-
tion,regarding this application at its November 2 meeting. The Commis-
sion s iecommendation should be available by November
d. Public hearing 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. Comments were
received at the Council's October 24 public hearing on this item. The
public hearing was continued to November 7. A rry~.morandum from
Council Member Kubby is attached. ~ ~
Consider an ordinance amending the Zoning Chapter by. adopting a
Sensitive Areas Ordinance to regulate development on properties
containing environmaritally sensitive features, including wetlands, stream
corridors, steep slopes, wooded areas, hydric soils, prairie remnants and
'archaeological sites. (First consideration)
Comment: See item d. above.
#5C page 1
ITEM NO, 5c.
Consider setting a public hearing for November 21
on an ordinance amending the Zoning Chapter by
conditionally changing the use regulations of an
approximate 5.2 acre tract of land located east of
Old Dubuque Road and north of Dodge Street from RS-
5, Low Density Single-Family Residential, to OPDH-
8, Planned Development Housing Overlay. (REZ95-
0010)
Horow/ We discussed this last evening and recommended getting
together with P/Z Commission, 6:30, 20th of November, our next
work session. Moved by Kubby, seconded by Pigott. Any
discussion? All those in favor signify by saying aye (aye).
Thank you. Moved by Pigott, seconded by Nov (to accept
correspondence). Any discussion. All those in favor signify by
saying aye (ayes).
Thisrepresents only areasonebly accuratetranscription ofthelowaCltycouncil meeting of November7,1995.
Fl10795
#5d page 1
ITEM NO. 5d.
Public hearing 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/ Continue the p.h. Once again, I will ask you to sign in,
state your name, keep your comments to no more than five
minutes. Anyone care to address council on this issue?
Larry Schnittjer/ I will try to hold this up to where people can
hear me tonight. M~S Consultants. I received a copy of the
ordinance instead of the draft ordinance last evening, I guess
it was, from one of the staff people. And I would like to
compliment the legal staff on making the ordinance a lot more
understandable than the draft was. However, I still fail to
see the appropriateness of making an entire tract of land
comply with the Sensitive Areas Plan or Sensitive Areas
Overlay Zoning when only a small portion of that tract may in
fact have a sensitive areas on it. I have prepared a three
page review of the ordinance and this is by no means complete
or conclusive. But one major thing that I did find that I am
concerned about is that with the exception of one line in the
ordinance and that refers to the amount of trees that must be
saved in commercial and industrial zones, there is no
reference to commercial and industrial use and how it must
comply with this ordinance. In fact, it appears that either
wetlands don't exist on commercial grounds or you are not
allowed to have commercial uses where wetlands exist. There
are several reinforcements to that concern. In another
paragraph where it list the area allowed for a s.f. house on
an RS-5 lot, it says you can have 40% of the land for
development area. If we correlate this with the zoning
requirements for a commercial lot, a commercial lot has no
land area requirements. 40% of 0 is 0. I think we need some
serious consideration to various portions of this ordinance
and I personally would like to see the entire ordinance
referred back to P/Z and develop a new ordinance that would
include grading and erosion control, storm water, street
design, parking, tree ordinance, and this current portion of
the woodlands ordinance could be incorporated in the tree
ordinance, open spaces, planned developments into one complete
development ordinance. We have many scattered ordinances
through our code and on the back shelves of the Engineering
Department and the Planning Department there are a number of
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Fl10795
#5d page 2
policies that are almost hidden from the general public. I
think that these things all need to be put in one manual that
we can use and for that reason I would really request that
this thing be referred back to P/Z for some serious
consideration. Council has had a few minutes to review some of
my comments. They are abbreviated so that they may be a little
bit unclear. But if you have any questions about my comments,
I would be happy to answer them.
Baker/ Larry, you just put this stuff together. I assume that P/Z
has not had a chance to look at any of this?
Schnittjer/ No, I just received a copy of the ordinance last night
in its current form.
Baker/ The current form is substantially the form that it has been
in for a long time.
Schnittjer/ I beg to differ. Linda made some substantial changes to
help the clarification of it and that made it possible for me
to understand it better.
Baker/ It clarified it. I am not sure it changed-
Woito/ Substantively-
Schnittjer/ Substantively there is not a lot of change.
Horow/ Larry, I think your comments are well taken. I wonder,
however, whether this is-And I like the idea of putting them
all together in one area. But I wonder whether that is
something that can be done after this ordinance is passed to
work towards. I don't disagree with the intent and I really
appreciate what you are saying here.
Schnittjer/ Well, I have asked for this several times. We keep
adding more onto different segments of the code. This is not
the first time I have made that request and I would like to
start somewhere and this is one good place to start.
Baker/ One of the things that Tom and other members of the
committee have said through this whole discussion is that they
want to go back and amend it, fine tune it. This certainly are
items that they will take up.' But my first inclination is not
to delay the process right now.
Horow/ Let me ask if there is anyone else who wishes to address. I
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Fl10795
#5d page 3
sitting you down right now but this is something that, in
terms of discussing, after we hear anyone else.
Kubby/ I guess I would like to hear from staff about how this
ordinance would apply to commercial and industrial zones.
Miklo/ It does apply to commercial industrial zones. The ordinance
talks about public infrastructure and subdivision design and
lot design which can apply to a commercial zone as well as a
residential zone. It does emphasize residential lot sizes and
reducing those because there are minimum lot sizes in
residential zone. The intent of the ordinance is, for example,
in the RS-5 zone, if there is an 8,000 square foot lot
required because of the sensitive area it may not be possible
to have that entire or to achieve a lot of that size. So the
ordinance allows a smaller lot. Because there are no minimums
in the industrial residential or, excuse me, in the industrial
commercial zone, there is no need to waive those minimums.
That is why there is an absence of reference to that.
Kubby/ In the comment about there needs to be an OPDH with the OSA
zoning application. But commercial and industrial lots don't
have the option of having an OPDH-
Miklo/ No, they would have the sensitive areas development plan
district which is similar to an OPDH.
Nov/
Can we include some wording to give the impression to the
world that this definitely includes commercial and industrial
space.
Woito/ Yes, I think that should be put right up front in the scope
provision.
Kubby/ And is this something we can still do in time for the second
reading?
Woito/ This still needs some fine tuning. If you want to go ahead
and give it the first reading. I think Larry has made some
good points. I don't think it is anything substantive. But it
is pointing out- The committee was probably on this but not to
the rest of us that didn't spend six months writing it.
Nov/ I would go along with first reading and then revision after
that. They could do revisions before a second reading.
Woito/ Yes. What Larry is suggesting, I think, is some valid
This represents only a reasonably accurate transcription of the Iowa City council maeting of November 7, 1995.
F110795
#5d page 4
clarifications more than anything.
Throg/ If they are non-substantive changes for clarification, I
surely would agree with what you are proposing to do. I would
think if there are substantive changes that Larry is
suggesting, I would be inclined to do what Larry is
suggesting, Larry Baker just suggested which is to adopt the
ordinance and then ask staff to look at some of the specific
issues Larry has raised and perhaps deal with them in a later
ordinance.
Horow/ Especially the idea of a compendium of all the various
ordinances that are of a like kind. In a humorous line I
totally agree with you. Why use a word rear lanes. Why not
just call an alley an alley. I like that.
Miklo/ I would like to point out that the P/Z Commission has
recommended some repeal of some of the other ordinances that
Larry referred to and those will be coming before you after
you have first reading on this.
Horow/ Anyone else care to address council on this issue? Moved by
Pigott, seconded by Throg (to accept correspondence). Any
discussion? All those in favor signify by saying aye (ayes).
Richard Rhodes/ I live at 2014 Rochester Avenue here in Iowa City
and I don't want to specifically address the ordinance tonight
but I would like to address item 5f. which is a related matter
and say that many citizens seem to think that city council
passes rules and regulations and the city ignores them and I
am very pleased to see that you all seven are stepping forward
here with this resolution and affirming the intent of the city
to comply to the extent that it can with the Sensitive Areas
Ordinance. This is very good and I commend you all for doing
that. Thank you very much.
Horow/ Does anyone else care to address council? Unless council has
any other comments about this, I close the p.h.
Kubby/ Linda, what we were given tonight, what is different
than what was in our packet? You changed a couple of mays
to shalls in the appropriate spots.
Woito/ We made the changes that you talked about last night and
there was some additional clarifications. Section that had
been lefted in and bracketed that should have been deleted the
last time, we cleaned this up. The change that Naomi suggested
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Fl10795
#5d page 5
on the river stream corridor-
Horow/ What page is that?
Kubby/ The illustration.
Woito/ The illustration that was confusing. We inserted stream
corridor instead of floodway. We inserted stream corridor
which included floodway so that it should be clear.
Nov/ So you know where it is going from the floodway rather than
from the bank.
Woito/ And those are the primary ones. The clean up that I did was
trying to rearrange things. Put the definitions up front so
that when you get to the text you understood what you were
doing and tried to expand the scope provisions so that you
knew what was covered under each section. Where you had-
CHANGE TAPE TO REEL 95-130 SIDE 1
Horow/ Any other comments? Declare the p.h. closed.
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Fl10795
#5e page 1
ITEM NO. 5e.
Consider an ordinance amending the Zoning Chapter
by adopting a Sensitive Areas Ordinance to regulate
development on properties containing environmen-
tally sensitive features, including wetlands,
stream corridors, steep slopes, wooded areas,
hydric soils, prairie remnants and archaeological
sites. (First consideration)
Horow/ Moved by Pigott, seconded by Kubby. Discussion and long in
coming. We certainly appreciate the citizens who have worked
hard on this ordinance and the Commissions as well. Any other
discussion.
Lehman/ Sue, I am going to support this reluctantly because I
really because I really support the co]~cept of what we are
trying to do. I don't believe that it takes 22 pages to spell
this out and the fact that so many folks have so much of a
problem understanding it and its application disturbs me
greatly. The fact that we have indicated that we are going to
be as flexible as we can possibly be encourages me to support
it. The fact that we will probably have answers to questions
for Larry Schnittjer at the next meeting before our second
reading also encourages me to some degree. But I would really
really hope that the staff and the developers keep this
council apprised of the impact of this and if it isn't worth
it, that we can find ways to make it work and still accomplish
what we are trying to do which I think is really a very noble
thing.
Horow/ I would also comment that I hope that the staff and the
developers are able to work within their electronics field in
terms of getting (can't hear) out to developers in a timely
fashion and in such a manner that it is easily understood. I
think we have got to go-for some of the council members, I
laugh when I say this but (can't hear) engage in this
particular ordinance (can't hear) with not only the language
but also the diagrams so there is no question or that the
questions that come up can easily be addressed.
Throg/ Sue, I guess I would like to say some things. Before I say
anything I guess I would like Linda to respond to a claim that
was made in one of the documents that we received from the
public with regard to the ordinance and that letter said this
ordinance constituted an unconstitutional taking (can't hear)
or actually it said it was a taking (can't hear). So I
wondered if you could address that point and give us a (can't
hear) as to whether in your judgement there is anything in
Th~srepresents~n~y~re8s~n8b~y~ccur~tetr8nscripti~n~fthe~w8~ityc~unc~meet~ng~fN~vember7~1995.
Fl10795
#5e page 2
this ordinance that constitutes a taking.
Woito/ Bruce, I did take your letter seriously and I did go back
and review the law. Obviously we kept up with this all along
during the course of this (can't hear). But the general rule
that we need to follow as you pointed out to some extent in
your letter is that cities have to have valid public reason
for imposing certain regulations on property owners and the
regulations that we are going to be imposing in this
particular ordinance is preservation of natural environmental
features, wetlands, streams. Stream we all have to remember
are part of our source of our drinking water and I think
everybody is very interested in the health and safety concerns
of safe drinking water. We also want to avoid erosion which is
a safety concern for persons and property, mud slinging down,
houses falling down, mud going onto public r.o.w. and people
getting injured. We also want to assure that flooding is
minimized and I think one very good reason that it is clear
that the buffering elements of this ordinance are effective is
because the federal government has chosen recently because of
the 1993 flooding to spend money to keep persons and property
from building in the flood plains. The use of the flood hazard
mitigation money means that that is a very valid federal goal
to keep people out of the way of flooding and let mother
nature take care of its own. Wildlife habitat is clearly one
of the goals involved in this ordinance which is a legitimate
goal, also recognized by federal legislation. And of course
the archeological and historical needs going well beyond the
burial mounds which is already protected by state law. In each
of these cases of what we are trying to protect as valid as
public interests have been blessed by U.S. Supreme Court as
valid purposes and they have been blessed by Iowa Supreme
Court and other courts surrounding this jurisdiction. The next
question in the analysis is whether the means that we are
using to regulate are imposed on the property owner are valid
or legitimate means. The means that we are choosing is
mitigation for woodlands and wetlands. We are permitting
clustering. We are permitting conservation easements to
protect the land. We are permitting buffers and we are doing
all of this on a very site specific method which satisfies the
proportionality test of the Case which Mr. Glasgow
commented on in his letter. I t--~ the protection-There is
enough flexibility in the ordinance to protect the property
owner and obviously very clear that we cannot deprive a
property owner of all beneficial use of their property. That
so long as there are beneficial uses available for the
property. For example, if one acre of land is wetland out of
This represents only a reasonably accurate transcription of the Iowa City council meeting of November 7, 1995.
Fl10795
#5e page 3
100, the court is going to look at the ratio of how much
property is being regulated as opposed to the rest of the
property that may be economically developed. That ration is
something that we will be looking at in each of these
developments. But I think Larry points out a very good point.
We haven't exactly been able to walk through a whole project
with the entire ordinance and while I found many different
court cases that dealt with buffers, with floodplains, with
wetlands. Few of them were brave enough as we are to tackle
them all in one comprehensive ordinance. And so there isn't
any case law directly on point dealing with all of these
things in one ordinance. But each of the various parts have
been supported by the courts. The closest that Sara and I
found was a case from Wisconsin, September '95. They require
the Town of Estrom, requires an environmental impact audit and
a land disturbance permit, and an erosion control and wetland
permit. This comes fairly close to what we are doing and the
Wisconsin Court had no trouble at all, affirm the regulations
(can't hear).
Throg/ Thank you. Can I follow up? I want to kind of present my
view about this. Surely we are going to encounter some
difficulty in carrying out this ordinance and that was pointed
out by some of the people who spoke at the p.h. two weeks ago.
That is unavoidable. We humans can't foresee all possible
consequences and we can't foresee all possible situations in
which this ordinance will be implemented. Even so, I think it
is a path breaking ordinance about which this community should
feel justifiably proud. It's really a notable step forward and
I want to make one other observation. During one of the
candidates forums a couple of weeks ago I heard one of the
candidates worry that the design section of this ordinance
speaks to, in his words, impose development standards styles
on people. I guess I want to point out (can't hear). I want to
point out that the developer-This ordinance does not require
developers to use the design standards that is provided in
paragraph n. of the ordinance. The developer always has the
prerogative of the developing in accord with the standards
contained in underlying zones, be that RS-5 or RS-8 or
whatever the underlying zone is. All paragraph n. does is
provide flexible guidelines that enable developers to use land
efficiently while preserving natural areas. It also enables
developers to pursue innovative designs. It also enables
developers to provide a wide range of housing styles, sizes
and costs and it also enables developers to provide small
scale commercial activity within convenient distance of their
home. Paragraph n.2.b. says "Such guidelines are not intended
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Fl10795
#5e page 4
to restrict creativity. An
modification." There is nothing
imposes design on anybody. But it
opportunity (can't hear).
applicant may request
about this ordinance that
creates an (can't hear) of
Pigott/ I agree with Jim and I would say that I like the fact that
it allows development here in sensitive areas while protecting
those areas. I think that is a good goal. I just wanted to
thank the committee members that worked so hard and long on it
including Jessica Neary and Tom Scott and George Starr and all
of the other people. , John Moreland Jr.,
, other people that were involved including
staff who worked long and hard on this.
Horow/ Anyone else care to (can't hear).
Baker/ ¥eah, I never thought I would say this. I wish George Strait
were here tonight. That is another story. Years ago George and
I co-chaired the first environmental council subcommittee on
sensitive areas. As you remember, a long process, through
several councils and George at that time told me it will never
pass and he was, for a decade, about right. I want to make a
couple of quick, I am not as prepared as Jim, sort of
disjointed comments thanking in particular certain members of
that committee. Sandy Rhodes here. I thank him because he also
is here in person but an invaluable resource. I also like to
call attention to Johnny Moreland and Bill From who told me at
the time that they were interested in being on that committee
because they sensed it as an inevitability and they saw their
role as people actively involved in development to try and
make it workable and that is what they think they have
achieved in the long run. It might be 22 pages and it may be
amended. But it is, I think, an inevitability. And in the best
of all possible worlds we wouldn't need it but I think our
experience here in Iowa City has proven that very often you
cannot depend on every developer to take care of the
environment and anticipate problems. Finally I would like to
make a comment that another member of the committee made which
was as they went through this whole process he said he was
very careful because he was afraid that whatever they sent us
we would adopt. So they wanted to make sure that everything
that could be made workable was made workable because they
sensed that this was the particular council where this kind of
an ordinance would finally be passed and I think that is
something to which we can take pride and the community can
take pride as well.
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Fl10795
#5e page 5
Kubby/ To think three years ago there wasn't support on council to
give sensitive areas inventory (can't hear) a checklist. Three
years ago when some of you came on council you were able to
kind of live out what that ad hoc committee a decade ago
(can't hear). I have a couple of comments about what happens
next when this passes. I am anticipating the passage of this.
I guess there are two things. One is that I think it is very
important that our ordinances are easy to understand. That if
some people in the development business is saying this might
be difficult to interpret. Whether or not we believe that, if
they are feeling that way, we need to respond to that and I
think having this ordinance in pamphlet form makes it
understandable and accessible, one section at a time, help you
focus on the section that relevant to your particular property
depending upon what kind of sensitive area is on your property
and secondly I think we need to take that to the next step of
some kind. A checklist or very easy to understand form that
the ordinance can take so that depending on what kind of areas
are on your property, you get these three pamphlets or
checklists that explain what the rules of the game are. We
need to do our best to give the resource materials to people.
It is not only going to help the develop community. It is
going to help staff do their job and it is going to help P/Z
and council do our jobs when those certain things come to us.
The second thing we need to talk about is staffing. That our
staff has said in order to enforce this and monitor this
appropriately we are going to need more staff. And we have
been told that we are going to need one f.t. staff in Public
Works and another f.t. staff in HIS. And what I would like us
to look at is being a little innovative on how we do our
staffing. That maybe we have one new staff person that is
interdisciplinary so that it can be in between Public Works
and HIS. So this person can be a practical engineer that can
do work order changes on site so there doesn't have to be work
stoppages when there is a question. Someone who has the
engineering expertise to make a good decision but has the
ability to do the inspection part of it too. So I hope that we
will look at staffing needs in an innovative way because I
think this ordinance is very innovative.
Horow/ I would like to follow up on that. I think Karen's
suggestion certainly at least should be at least tried. I
think we are going to see, though, the need for training many
staff because you cannot have one staff member on call 24
hours a day or five days a week, 365 days a year. There has
got to be some sort of administration (can't hear). I think
our staff is certainly capable of being creative but I would
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Fl10795
#5e page 6
not like us to be pennywise and pound foolish on the
enforcement (can't hear). Okay, any other comments?
Nov/ I would like to thank Larry for bringing up the urban ad hoc
committee because if you didn't I would. They were suppose to
be there ten years ago (can't hear).
Horow/ Get ready for the landfill, the files are coming.
Kubby/ Recycle.
Horow/ I walked right into that one. Roll call- (Yes).
Thlsrepresentsonly ereasonablyaccuratetranscrlptlon ofthelowa Citycouncil meeting of November7,1995,
Fl10795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 6
I
f.
Consider a resolution affirming the intent of the City of Iowa City to
comply with the provisions of the Sensitive Areas Ordinance.
Comment: This resolution affirms the City's intent to comply with the
Sensitive Areas Ordinance, and encourages other governmental bodies
to do so as well.
Action: ~'/'/~/~/~:;~ ~ ~,~/~.~:;:~ ......~
g. Consider an ordinance amending the Zoning Chapter by co,~diti;n~~
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) (Pass a~d a~p~)~ .
Comment. At its October 5 meeting, the Planning and Zoning Co~mis-
sion, by a vote of 6-0, recommended approval of the requested rezoning
subject to the conditions outlined in the CZA. The CommissioNs
recommendation is consistent with the staff recommendation contained
in the September 29 staff memorandum. Comments were received at
the Council's S~pte~r 1 2 and 26 p~blic h~arings 0n~is~tem, . .
h. Consider a resolution for final plat approval of Kennedy's Watedront
Addition, Pa~ Three, a 31.23 acre, 11-1ot commercial subdivision
located south of Highwa~ 1 between Gilbe~ Street and the Iowa River.
(SUB95-002~)
Comment: 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 approval of
construction plans and approval of legal papers prior to Council
consideration of the final plat. This recommendation is consistent with
the staff recommendation in the September 7 staff report on this plat.
Construction plans have been approved by the Public Works Department,
Legal papers have yet to be finalized and therefore cannot be approved
by the City Attorney's Office,
Action: .
#5f page 1
ITEM NO. 5f.
Consider a resolution affirming the intent of the
City of Iowa City to comply with the provisions of
the Sensitive Areas Ordinance.
Horow/ Moved by Pigott, seconded by Throg. Discussion.
Throg/ Sue, I wonder if you would be willing to read the two page
paragraph there.
Horow/ We were talking about this last night and the resolution
that was suggested to be changed (reads resolution).
Throg/ Thank you.
Kubby/ I move the resolution.
Throg/ It has been done.
Nov/ I think we did that already.
Horow/ Moved by Pigott, seconded by Throg.
Nov/ I have a question on this. We discussed last night removing
the word resolution so it would not require that we actually
have all of us together and have a meeting in order to approve
a change if something happens out on the field. So, can we
(can't hear).
Woito/ It was my understanding you still wanted the resolution even
if it were ratifying the prior event.
Pigott/ That is right.
Woito/ That is why I left it in.
Pigott/ So we can ratify it after-
Woito/ After the fact.
Nov/ It doesn't say that. It says prior.
Horow/ Obtain formal council approval prior to-
Woito/ Oops, we didn't take out prior. We were suppose to remove
prior.
Nov/ No, I thought we were suppose to remove formal. I mean because
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Fl10795
#5f page 2
we still want to be notified even if is-
Woito/ No wonder I wasn't sure.
Nov/ If we have (can't hear). and the resolution prior, that
creates a delay.
Kubby/ But if we are not notified then the staff decision to not
follow the ordinance and we want it to be our-because we are
the people who are accountable to the public that we wanted to
be the people to say yea or nay to any-
Woito/ So all we need is to obtain formal council approval.
Nov/ Yes.
Woito/ Then someone move to amend.
Horow/ Chair would entertain
deleting "by resolution
deviation. I am waiting
a motion to amend this reselution by
(can't hear) prior to initiating such
for a motion to amend to this-
Council/ (Can't hear).
Nov/ Delete everything after the word approval.
Horow (Can't hear). Moved by Kubby, seconded by Pigott
the resolution. Period comes after obtain formal
approval. Any discussion.
to amend
council
Kubby/ I guess I want to make it really clear that staff cannot
make this decision on their own. That staff must come to
council-
Woito/ Either before or after.
Nov/ Our intent, I believe from our discussion last night, was that
we be notified, maybe not at a formal meeting. That there be
discussion even if it is one on one, that there are seven
calls or groupings of two or three where this gets discussed
before the decision is made to deviate.
Horow/ I wonder if this lsn t something that isn't going to have to
be a trial period because if there is something out there that
is in the field that needs a quick answer and a majority of
council cannot be contacted.
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Baker/ That is our intent.
Nov/ We can say you can make our phone calls.
Throg/ There is an order of magnitude and it is for major projects.
Staff knows far in advance where they are going to be building
the sewer, where they are going to building a road. They
already know what the likely consequence (can't hear). In
those instances I would think we would all expect (can't
hear). That staff would come to us prior to doing all of that
for approval. Only when staff encounters those field work
change orders kind of situations where something unexpected
happens to require a very quick response that we would expect
them to contact council and then get approval, formal
approval. Right, Steve?
Woito/ Steve, do you understand that.
Arkins/ I am fine.
Horow/ Everybody all right with this? All right, there is a motion
to amend this. Made by Kubby, seconded by Pigott. Any further
discussion. Roll call.
Woito/ This was a friendly amendment. You don't need a motion.
Horow/ All those in favor signify by saying aye (ayes). Okay, back
to the main motion made by Pigott, seconded by Throg to
consider the resolution affirming the intent of the city to
comply with the provisions of the Sensitive Area Ordinance.
Any further discussion?
Lehman/ Sue, I think based on public utilities such as sewer and
water or whatever, I think this is very admirable that we
attempt to at least comply with the spirit of the ordinance.
As a practical matter there are probably going to be a lot of
times that we probably just plain can't because we can't
afford it.
Nov/ Well, we will have to just do it. We will say we can't afford
it if that happens.
Horow/ All right. Any further discussion?
Baker/ We are just going to say we are going to try to comply with
the letter of the ordinance as well as the spirit too.
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Horow/ Roll call- (Yes). Great.
The mayor takes the prerogative, the polls have closed. The At
Large Candidates: Karen Kubby, Dee Vanderhoff. District C:
Dean Thornberry. District A: Dee Norton.
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Fl10795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 7
ITEM NO. 6 -
NOTICES OF VACANCIES,
Consider a resolution for approval of the preliminary and final plats of
Windsor Ridge - Part Six, a resubdivision of Tract "A," Windsor Ridge -
Part One, and Outlot "A," Windsor Ridge - Part Three, a 7.8 acre, seven-
lot residential subdivision with two outlots located north of American
Legion Road and west of Arlington Drive. (SUB95-0025)
Comment: At its September 7 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of the preliminary plat
and final plat for Windsor Ridge - Part Six, subject to approval of the
legal papers by the City Attorney's Office prior to Council consideration
of the plat. This recommendation is consistent with the staff recom-
mendation contained in the staff report dated September 7. It is
anticipated that the legal papers will be approved prior to the November
7 Council meeting.
Action: ~t~)~/~'~,"Y-z' ..~
a. Current vacancies.
(1)
Senior Center Commission - One vacancy for a three-year term
ending December 31, 1998. (This is a readvertisement of an
untilled vacancy.) (5 females and 3 males currently serving on
Commission.) This appointment will be made at the November
21, 1995, meeting of the City Council.
ITEM NO. 7 - CITY COUNCIL APPOINTMENTS.
(1)
Consider appointments to the Board of Appeals to fill a 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.)
Action: (~J;~.~84~-~ ~' ~ ~?~;'J~J
/-/
-
Consider appointments to the Design Review Commi~ee to fill two
vacancies for unexpired terms ending July 1, 1997. (Larry Quigley has
moved to Coralville and Gilda Six resigned.) (4 females and 3 males
currently serving on Commi~ee.)
#5i page 1
ITEM ~O. 5i.
Consider a resolution for approval of the
preliminary and final plats of Windsor Ridge - Part
Six, a resubdivision of Tract "A," Windsor Ridge -
Part One, and Outlot "A," Windsor Ridge - Part
Three, a 7.8 acre, seven-lot residential
subdivision with two outlots located north of
American Legion Road and west of Arlington Drive.
(SUB95-0025)
Horow/ Moved by Pigott, seconded by Nov. Discussion.
Nov/ We have legal papers?
Woito/ Yes, they have been approved.
Horow/ Roll call- (Yes).
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Fl10795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1 995
Page 8
(3) Consider appointments to the Human Rights Commission to fill 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.)
Action:
(4) Consider appointments to the Parks and Recreation Commissio~ to
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.)
Action: ~ ~~)
(5) Consider an appointment to the Planning and Zoning Commission to fill
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.)
Action: / 'Zl a.a
ITEM NO. 8 - CITY COUNCIL INFORMATION.
ITEM NO. 9 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
#8 page 1
ITF~I NO. 8 CITY COUNCIL INFORI4ATION.
Horow/ City Council Information.
Kubby/ One thing tonight. A couple of people have called me in the
last couple of months feeling that there has been a rise of
bicycle thefts in Iowa City and one person had three bikes
stolen in a three week period and this other person had a lot
of people that they knew that had bikes stolen. So I think
there is probably three things to do. One is I want to
encourage people to license their bicycles. It is free of
charge at the Iowa City Police Department. And that way if
some stolen vehicles are recovered, we can find you and we can
return it. We can also go to the Police Department and ask to
go into our storage area to try to make some identification of
your property and lastly to make sure that you record it, the
thief, whether or not the bicycle is licensed. That way at
least we can understand these trends in different kinds of
thieves in the co~nmunity. I am not sure exactly how we would
feel about doing something if we found this trend. How we
would go about directing the Police Department to deal with it
differently than they are. I think the licensing and reporting
is probably the most important thing people can do to protect
themselves. And so I guess I am going to talk to the Police
Department about that. But I did want to put a call out to
people to license your bike and record any thief.
Nov/
I was thinking about the man who had his car ticketed in
Chauncey Swan Ramp. This is a complex kind of enforcement
because we enforce-We take a computer readout and then walk
through the entire ramp and someone who comes in the other
side and parks may not have reached the point where they have
registered their money in the machine. So the question is that
you cannot keep your receipt you may have difficulty in
protesting a ticket. So people who park in that ramp should
have a receipt and come to the city Cashier and hand in the
ticket and the receipt and not pay it.
Horow/ I think a process is a new one. It obviously has kinks in it
but the key is keeping (can't hear). Anything else?
Nov/ No.
Throg/ I guess I wanted to bring up one point, Sue. There has been
some conversation among the public about the fact that the
silurian well that the city has drilled in the water plant
site is not yielding the amount of water expected and I guess
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Fl1079§
#8 page 2
I wanted Steve to give us a sense of what that is all about.
Atkins/ We expect to generate in the neighborhood of 9-10 million
gallons of water a day from our water treatment site and I
jotted down the major sources. The first is 3.8 million
gallons per day from the river; 1.2 million gallons from the
jordan well; 2.4 million from alluvial wells; 1.3 million from
sand pit and 800,000 gallons from the silurian system. Why I
mention that to you in the order of production and the
importance of the resource, it is the least productive of the
resources and for a variety of reasons. Primarily we have a
number of wells in and around the area that are into that
aquifer and quite frankly rather than expose ourselves to
significant liability and other expense, that is why. Now, we
have monitoring wells drilled on the silurian system
throughout the water treatment plant site. We drilled a well
and that well is producing about 75 gallons per minute, the
silurian. It should produce about 200 gallons per minute. We
currently use two silurian wells to supplement our current
water system and they produce even more than that. The
importance of those numbers is that this well is far from over
in the sense of we have additional work to do. We have
consulted the Geological Survey, the DNR. We have consulted
the U.S. Geological Survey. So both federal and state
governments are reviewing this data for us. This well
apparently and keep in mind that the silurian system is
bedrock. There are cracks in the bedrock. The bedrock, the
cracks where the water flows through in the well. Apparently
there is a feature where by these cracks can become plugged up
for lack of a better word. And we will be be investigating,
quite frankly, simply how to unplug those. It is interesting
to note that we did drill the well, it is not producing and
again, comprehensively this is a very very small amount of our
water supply. We chose not to do the pump test that we had
spoken with you about and there is a number of reasons. The
Geological Survey information indicates in the last five
months we have had substantially less rainfall which is
obvious to everyone. The most recent U.S.G.S. report indicated
that wells all throughout this system have demonstrated lower
than normal water levels. So what we are going to do is we
postponed, in deference to the neighbors, as we plan to see
what else we can do to correct these circumstances. All of
those other water resources that I have identified have been
tested and proven and are ready to go. So, I had heard some of
the same things that we had drilled a well and it was dry.
That is simply not the case. It is simply part of the
continuing testing process. Okay.
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Fl10795
#8 page 3
Kubby/ So what is the next step for us in terms of silurian (can't
hear).
Atkins/ It is really going to be up to the geologist, Karen. I am
not real sure exactly what the plan is. Chuck and I spoke
about it this afternoon anticipating this question this
evening and the U.S.G.S. and the Geological Survey, both state
and feds, have indicated all of the information they have is
that this well should produce 200 gallons per minute and that
whether it is the-it didn't hit the right fracture, whether it
is plugged up, what are the circumstances. Quite frankly it is
really going to be up to the geologists to tell us how to
correct that and we will do our best to correct that.
Kubby/ When we approved the resolution (can't hear). I can't
remember the number. It was a really big number dollarwise.
Atkins/ It is about $50,000 for a well, yeah.
Kubby/ It doesn't necessarily mean that is-
Atkins/ Lost money, no, it is not. The area that we drilled was the
most risky and it was a deliberate decision to do that. The
monitoring well which is right nearby has water in it. So that
is why-Simply there is some unusual geological feature that
has to be identified and then corrected. I really don't know
what else to tell you other than that because I just don't
have-
Kubb¥/ It is not wasted money. Perhaps we could go deeper or in
terms of using some of that-
Atkins/ I assume you could go deeper but remember the silurian
aquifer is only so deep and I can give you the geological
information on the other silurian wells. The two we use behind
Burge and Currier, the dorms, 350 gallons per minute.
Coralville drilled one in '87, 400 gallons per minute. The
River Heights system, 230. River Products, right across the
river,( can't hear). So it is an unusual circumstance. But it
is not as dramatic as some of the language I have heard.
Kubby/ I love this discussion because you just said (can't hear).
Atkins/ My understanding that as you test the whole area and risky
maybe is a little too harsh a word. That the geological
formations are such that if you look at the river and it does
this looping motion. That identifies a rock formation that
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Fl10795
#8 page 4
should produce the water in the amounts that we want it to
produce. Monitoring well is not the nest of monitoring well
but it had plenty of water in it. So the circumstances and
again, I have to defer to the engineers and the geologists on
the thing. It is not dry. Okay.
Horow/ Anything else, Jim? I have to comment on that. This week I
accompanied Carol Sweeting and Ed Moreno to Cedar Rapids for
the ribbon cutting of their second new water plant and I found
that very interesting. It is only the first of a ten year
process for many other parts of their whole water system.
(Can't hear).
Atkins/ Talk to the folks in the audience. There is an echo coming
off of yours.
Horow/ It is interesting (mic problems). At the end of ten years
they will (can't hear).
Pigott/ Two. Campaign. Can I talk a little bit about that, Sue. I
know this is council business but I want to congratulate my
opponent, Dean Thornberry, on his victory tonight. He worked
really hard to earn that victory. I am sure when he gets on
council he will really learn a lot and do very well for the
community. Also, quickly, I would like to thank the people who
worked really hard for me to get re-elected. I am sure they
are disappointed in my failure to earn re-election but I am
really proud of the work they did with me to see if I could
get re-elected. Third, I would like to say that I look forward
to having my Mondays and Tuesdays free again and I am sure
that this council, the new council that will be coming in will
be doing a great job for our community. All of the people who
have served here in the past have done a wonderful job. Final
thing I want to say is a tribute to this present council. The
people who I have worked with in the past two years have been
terrific and I think when we look back on the history of this
council, the next few years we are going to see that this
council achieved things that won't be achieved in the future
and this is my own personal political perspective but I think
it has been a really terrific council and I think it has been
a very special two years for our community as well as for me
as a member of the community honored to serve on this panel.
So congratulation to you all over the past two years and I
look forward to seeing our new council do great things as
well.
Kubby/ I would like to (can't hear) because at the first meeting
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F110795
#8 page 5
that Bruno was at is the meeting that we had a fourth vote to
say yes to the Sensitive Areas Inventory. That was Bruno's
first meeting and he made a difference the first meeting of
his term. So from the very beginning it has been great.
Baker/ Nothing except to thank Bruno.
Horow/ I already commented to you on the Cedar Rapids Water Plant.
It was quite an exciting afternoon, I mean, if you like water
plants. (Can't hear). I would also like to comment to people
about the leaf removal process going on right now. Please,
people, pile up your leaves on the r.o.w. Do not put them in
the street because when it rains then they go into the gutter.
Please get those leaves out on the r.o.w. and the city crews
are doing a fantastic job (can't hear).
Nov/ While you are on the leaves I need to tell you on some streets
they do not (can't hear). You can't help it.
Horow/ I know but I have seen ones where they deliberately thrown
them right out by the power mowers.
Throg/ Sue, what I want to know is what are you going to do with
eight years of council (can't hear).
Horow/ My husband keeps asking me. I don't know. I look at notes
that you have typed over the two years that you have been here
and I keep thinking what are you going to do, write a book. I
am actually in awe on the notes that you have typed up.
(Continued after Agenda #9b)
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Fl10795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 9
b. City Attorney.
ITEM NO, 10-
ITEM NO. 11 -
RECOMMENDATION OF BOARDS AND COMMISSIONS.
a. Consider a recommendation of the Broadband Telecommunications
Commission that the City Council approve the proposed franchise and
ordinance, incorporating the four non-substantive changes, which are
listed in the attached memorandum from the Cable TV Administrator.
This ordinance is on the agenda for first consideration as Item No. 19.
Action: ~.~'.~/.q/~ / ~;2'~.~..~ ~/~-,/~__~
CONSIDER A liESOLUTION OF INTENT TO CONVEY 1926 AND 1946
BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2 OF BRAVERMAN
CENTEli, IOWA CITY, IOWA, TO HAWKEYE AREA COMMUNITY ACTION
PROGRAM {HACAP), AND SETTING A PUBLIC HEARING FOR NOVEMBER
21, 1995.
Comment: The Iowa City Housing Authority has considered and passed
Resolution #95-272 approving the disposition and plan to sell 1926 and
1946 Broadway, also described as Lot 2 of Block 2 of Braverman Center,
Iowa City, Iowa, to Hawkeye Area Community Action Program (HACAP) for
the purpose of establishing 18 transitional housing units, HACAP has agreed
to purchase the property on contract for the sum total $750,000.00, the
appraised value of the property. This Resolution declares the City Council's
intent to convey the property to HACAP and sets a public hearing on the
proposed conveyance for November 21, 1995.
#9b page 1
ITEM NO. 9b - REPORT ON
ATTORNEY.
b. City Attorney.
ITEMS FROM THE CITY MANAGER AND CITY
Woito/ I have something to report today. Our street people, trucks
for the city are cleaning up the two Yeggy properties at 828
and 830 St. Ann's Drive. So hopefully the neighbors will be
relieved. I hope this will be the end of it for awhile and
there were no problems like there were five years ago.
Congratulations to Anne and all-
Horow/ I would like to go back a minute. I would like to tell you
something. Only because I have commented on this. There is a
public meeting coming up for City Steps. This is going to be
November 7. I am making the announcement tonight. A meeting is
going to be held at 7:00 PM on Wednesday, November 15, at the
Public Library, Room A. Now this meeting takes a look at the
five year priority, strategy, and goals about the last year
for City Steps. City Steps is a five year plan for meeting
housing, jobs, and the service needs of low income residents
of Iowa City. This is an opportunity for all citizens to
comment on both on what they think it is like and works well
and where they would like to see changes in the priorities and
goals of the plan. In light of recent discussions on housing
for low and moderate income renters and owners in Iowa City,
this is your chance to talk about who you think should be
assisted and how and where. You also have an opportunity to
participate in an interactive survey on these issues through
cable t.v. Government Channel 4. I would like you to remind
you that the goals adopted in this City Steps Plan determines
a large extent how federal funds from the HUD are spent in
Iowa City. So, if you don't let us see you and hear from you,
then don't complain when something takes place that you are
not happy about. Sorry but I really had to say it that way
because people do not show up for these meetings except those
who are giving the program or those who are receiving the
program. Let's get a little more involved in our community
programs. Those of you who are in neighborhood associations,
get yourself organized, send someone to the meeting or you
yourself come.
Kubby/ I would like to agree with the call to participate but I
would like to respectively disagree that people still have-
CHANGE TAPE TO REEL 95-130 SIDE 2
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Fl10795
page 1
ITF~! NO o 11 o
CONSIDER A RESOLUTION OF INTENT TO CONVEY 1926 AND
1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2
OF BRAYERMAN CENTERr IOWA CITYt IOWA~ TO HAWKEYE
AREA COMMUNITY ACTION PROSRAM (HACAP), AND SETTING
A PUBLIC HF2~RING FOR NOVEMBER 21v 1995.
Horow/ Moved by Nov, seconded by Pigott. Any discussion.
Kubby/ I will be abstaining as I am a board member at HACAP.
Horow/ Any further discussion? Roll call- (yes). The resolution is
adopted, Kubby abstaining.
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Fl10795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 10
ITEM NO. 12-
~2~>
ITEM NO. 13-
?-~- ~1
ITEM NO. 14-
95~
CONSIDER A RESOLUTION APPROVING THE FINAL JOBS TRAINING
AGREEMENT BETVVEEN KIRKWOOD COMMUNITY COLLEGE AND NATION-
AL COMPUTER SYSTEMS, INC.
Comment: As required by the recently adopted joint agreement between the
City of Iowa City and Kirkwood Community College, all Industrial New Jobs
Training Agreements utilizing incremental property taxes as a funding source
must be approved by the City of Iowa City. The attached resolution grants
approval of the final jobs training agreement between Kirkwood Community
College and National Computer Systems.
ction:
CONSIDER RESOLUTION ADOPTING A PREFERRED DESIGN ALTERNATIVE
FOR THE MELROSE AVENUE STREET AND BRIDGE RECONSTRUCTION
BETVVEEN BYINGTON ROAD AND THE EAST CORPORATE LIMITS OF
UNIVERSITY HEIGHTS.
Comment: This resolution sets the design parameters for the reconstruction
of Melrose Avenue between the corporate limits of University Heights and
Byington Road, This is the next step in the Melrose Avenue Environmental
Assessment process. Following Council action the Finding of No Significant
Impact report will be completed and sent to Iowa DOT and the Federal
Highway Administration for concurrence.
CONSIDER A RESOLUTION AUTHORIZING THE CORRECTING OF AN ERROR
IN THE MAKING OF SPECIAL ASSESSMENTS IN THE MAIDEN LANE
PAVING AND SANITARY ASSESSMENT PROJECT.
Comment: The Maiden Lane Paving and Sanitary Sewer Assessment Project
was levied in August, 1995. State Code requires property owners be given
thirty days from the publication notice to pay the assessment interest free.
Due to a transfer in ownership on one property the owner was not given the
full thirty days. After staff review, it is recommended that the owner be
refunded the interest totaling $633.00.
#13 page 1
ITEM NO. 13 -
CONSIDER RESOLUTION ADOPTING A PREFERRED DESIGN
ALTERNATIVE FOR THE MELROSE AVENUE STREET AND
BRIDGE RECONSTRUCTION BETWEEN BYINGTON ROADAND THE
EAST CORPORATE LIMITS OF UNIVERSITY HEIGHTS.
Horow/ Moved by Nov, seconded by Lehman. Any discussion.
Kubby/ I think you should outline what the (can't hear) are.
Nov/ I noticed Jeff came with a picture.
Horow/ This has a number of whereas's and I think they are (can't
hear) (Reads resolution). I have read all this. This has
involved a task force to (can't hear) for the environmental
assessment and done with much input (can't hear). We
appreciate everyone's input in this (can't hear). Is there any
other comments.
Baker/ I think one of the lessons, maybe wrong word. One of the
things that will come out of this is that we will try to
anticipate in the future bringing people in early, working out
problems ahead of time, finding some sort of compromises that
gets people closer together, maybe not all the way together
but closer together. So it has taken a long time and everybody
has worked very hard and I think what is on front of us is a
fair compromise.
Woito/ There are two more paragraphs.
Horow/ There are?
Woito/ Important points.
Horow/ Oh my gosh. (Continues reading resolution). That is all.
Kubby/ It kind of makes sense in what Larry was talking about is
that now we do what we call pre-design meetings where (can't
hear). So that part of it is status quo process we go through
now. So I think using the phrase we learned a lesson on this
is very apropos and not too strong. It is a good use of
terminology. I also think it is important to note that the
consultant even said that in the future, no matter what single
alternative we chose, we are still going to have levels of
service that may not be acceptable to (can't hear) in the
future and we may need to look at (can't hear) in the future.
So that it may be working with the University on new roadways
or whatever comes in the future. I guess lastly, we talked
Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of November7,1995~
Fl10795
#13 page 2
about last night, the possibility of having a road width be 43
feet as well as the bridge width, meaning having five foot
shoulders on the road. A majority did not want to do that for
safety considerations. In a very intensely used roadway with
many modes of transportation going on at the same time in the
same small space and our final concerns were good in that I
would prefer to have a 43 foot road width but because I don't
object to the 47 foot road because of safety considerations I
won't be making any motions to amend the resolution.
Horow/ (Can't hear).
Nov/
I have to kind of unload on this because (can't hear) there
were those of us who tried getting a three lane compromise and
that three lane compromise would not have shoulders. We did
not have the kind of safety statistics and this is definitely
a better compromise that we had tried. But it is not for lack
of trying (can't hear).
Baker/ It certainly did not make any (can't hear).
Lehman/ I think perhaps one of the most significant parts of this
resolution is the fact that the three lane road cannot be
changed without a p.h. and three readings. So those folks who
have been concerned about a four lane or a five lane. This is
going to make it almost impossible to change it from a three
lane to a four lane or a two lane. I think that is really
important. I think that it is significant because I think it
indicates the how this council feels about that three land
road and based on information that we have from you, Jeff, and
from the consultants, a three lane road is a much safer road
and it carries almost as much traffic and this is really what
belongs here. so I guess that particular part of this I think
is very very commendable.
Kubby/ (Can't hear) with neighborhood integrity.
Throg/ Sue, I would like to make a brief point. I would like to
echo what Karen said with regard to the 43 foot wide (can't
hear). It was proposed last night. It was clear there was not
a majority to support (can't hear). I would have preferred the
43 feet. I would also like to say-what is it I want to say? I
want to say Ernie, I want to praise you for suggesting the
three lane striping idea without it being changeable except by
ordinance with three readings. That was an excellent (can't
hear). The other thing I wanted to say is I am going to
support, what do we have here? An ordinance or resolution
This represents only a reasonably accurate transcription of the Iowa City council meeting of November 7, 1995.
F110795
#13 page 3
before us with a 47 foot wide (can't hear).
Horow/ Anyone else? Okay. Roll call- (yes). The
adopted. Thank you.
resolution is
Thisrepresents only ereasonablyaccuratetranscrlptlon ofthelowa CitycouncilmeetlngofNovember7,1995.
Fl10795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 11
ITEM NO. 15 -
ITEM NO. 16 -
qS- 3Z~
ITEM NO, 17 -
CONSIDER A RESOLUTION TO ENTER INTO A COOPERATIVE AGREEMENT
WITH THE STATE OF IOWA DEPARTMENT OF NATURAL RESOURCES FOR
A WATER RECREATION ACCESS COST-SHARE PROJECT (PROJECT//366).
Comment: The Parks and Recreation Department has been awarded a grant
from the Department of Natural Resources to construct a new boat ramp in
City Park. A requirement of the grant process stipulates that the City Council
must approve a cooperative agreement between the City and the DNR. Total
cost of this project is $15,600, and 75% ($11,700) will be covered by the
grant. The ramp will be constructed of concrete, and located just east of the
existing gravel ramp. The source of funding is the Marine Fuel Tax.
CONSIDER A RESOLUTION AUTHORIZING THE AIRPORT COMMISSION TO
PROCEED WITH THE DEVELOPMENT OF PLANS, SPECIFICATIONS, AND
FORIV] OF CONTRACT FOR CONSTRUCTION OF A~,7 ?,9z-X 100' AIRCRAFT
HANGAR BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT,
Co(nment: At the October 12. 1995,-~'Aj, rport' Com~meeting, the
Airl~ort Commis,,~:m~agreed to re~dest~fi~n.anci~,~s, sistance for
constructing aCditiona~n~~~~ ~ o~~~~ hangar will
be a~prox, ~¢ 80~~~ h~ d~r~~roo~ forgo ,o three
corpo~ ~ ~ f~~s estim~~d to be app~ximately
~ , I~~~ m m a~ ~ ~.mal depa,mental
CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING
LITIGATION.
Comment: On December 30, 1994, S & G Materials filed an appeal from a
condemnation award in the Iowa District Court, in and for Johnson County,
appealing the compensation commission's award of damages as a result of
the City's condemnation of S & G Material's leasehold on property con-
demned for the new water plant. This resolution will ratify the settlement
agreement with S & G Materials, an Iowa General Partnership, through its
attorney William L. Meardon, regarding this appeal.
Action:
#15 page 1
ITEM NO. 15 -
CONSIDER A RESOLUTION TO ENTER INTO A COOPERATIVE
AGREEMENT WITH THE STATE OF IOWA DEPARTMENT OF
NATURAL RESOURCES FOR A WATER RECREATION ACCESS
COST-SHARE PROJECT (PROJECT
Horow/ Moved by Nov, seconded by Lehman. Any discussion.
Kubby/ Sue, is the Marine Fuel Tax funding the 75% or ours,
city.
Arkins/ No, we are 25%.
the
Kubby/ Will the Marine Fuel Tax cover our 25% or the DNR's 25%?
Atkins/ The DNR's 75% is covered by the state's Marine Fuel Tax.
Kubby/ Is the $2,900 of our 25%, is that part of the current P/R
Project?
Atkins/ Yes it is.
Nov/ It is interesting to know that they are getting a Marine Fuel
Tax in Iowa City.
Atkins/ I was surprised when Terry applied to get it.
Nov/ All those noisy motor boats bought fuel and we are going to
get some money out it.
Horow/ Watch it, Naomi. Don't rock the boat on this one. Roll call-
(yes). The resolution is adopted.
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Fl10795
#16 page 1
ITEM NOo 16 -
CONSIDER A RESOLUTION AUTHORIZING THE AIRPORT
COMMISSION TO PROCEED WITH THE DEVELOPMENT OF
PLANS, SPECIPICATIONS, AND FORM OF CONTRACT FOR
CONSTRUCTION OF AN 80' X 100~ AIRCRAFT H~NGAR
BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT.
Horow/ Last evening we suggested that they delete the specific
specifications of 80 X 100 feet and just keep it for
construction of a hangar building with room for two or three
corporate aircraft.
Nov/ One of the reasons we wanted to keep this flexible was so that
if it turned out they needed room for four airplanes we
weren't locked into this specific-
Lehman/ We have a new one (can't hear) which does not give
specification for size or price which I think is what we
intended.
Nov/ Could we have a motion on this before we go any further?
Horow/ Moved by Nov, seconded by Lehman. Discussion.
Kubby/ I will be supporting this because it is to research how much
this could cost and how big it should be or if it is us saying
yes, we are going to do. So because we are at that stage at
this point I will support this resolution.
Lehman/ I think it is important, too, to point out if and when we
build this hangar, it will be paid for by rentals from those
folks using the hangar. We are not really going to be using
tax dollars as far as building it.
Kubby/ (Can't hear).
Horow/ In other words, this contract after the Airport Commission
receives the development plans, specifications and form of
contract, it must return to us for actual approval of the
contract. Right?
Woito/ Yes.
Horow/ Any further discussion? Roll call-(yes).
Thisrepresents only areasonably accuratetranscription ofthelowaCitycounc[I meeting of November7,1995.
Fl10795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 12
ITEM NO. 18-
ITEM NO. 19 -
CONSIDER AN ORDINANCE AMENDING TITLE III "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
ESTABLISH A CHARGE FOR BUS 'N SHOP COUPONS. (FIRST CONSIDER-
ATION}
Comment: This action is being taken to establish a reduced charge for Bus
'n Shop. This action is being taken to encourage additional merchants to
participate in the program, thus promoting the use of transit in Iowa City.
This is a one-year trial program to allow time to evaluate participation in the
program and transit ridership.
Action:
CONSIDER AN ORDINANCE AMENDING TITLE XII, ENTITLED "FRAN-
CHISES," 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." (FIRST
CONSIDERATION)
Comment: The City and Cablevision Vii, Inc., have reached tentative
agreement on the terms of a renewed Cable TV franchise. This enabling
Ordinance is written to be consistent with the terms of the new franchise
agreement and should be adopted prior to approval of that agreement.
Council held a public hearing jointly with the Broadband Telecommunications
Commission on October 24, 1995, at which comments were received. On
October 30, 1995, the Commission met and voted 4-0 (Betty McKray
absent) to recommend adoption of this ordinance with certain minor
modifications which are summarized in a memorandum included in Council's
agenda packet. A resolution to approve the Franchise Agreement will be
included on Council's agenda of the same meeting at which final consider-
ation of this ordinance is scheduled.
Action: ~'~.2/.:~__..~ /~/~- &'~
#18 page
ITEM NO.
18 - CONSIDER AN ORDINANCE AMENDING TITLE III "CITY
FINi%NCES, TAXATION AND FEES," CHAPTER 4t "SCHEDULE
OF FEESt RATESt CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE, TO ESTABLISH A CHARGE
FOR BUS 'N SHOP COUPONS. (FIRST CONSIDERATION)
Horow/ Moved by Nov, seconded by Pigott. Any discussion?
Lehman/ Sue, as a participant in Bus 'N Shop, I would like to make
a couple of comments. The whole idea of this is to try and get
more and more merchants involved in Bus 'N Shop. The idea
being that if the fee for a bus ride is the same for an hour
of parking more and more members would participate. At this
point we have very very poor participation in Bus 'N Shop. If
It is the hope of the merchants that they can increase
participation on their own part more than enough to offset the
decreased cost of the ride. If that does work I think it
probably benefits the business community as well as the buses.
Pigott/ We also, at the next reading of this, I will move to
expedite it because I would like to see is move to take effect
before the real Christmas shopping season starts at the end of
Thanksgiving. So, I would like to, if there is no objection,
(can't hear).
Kubby/ And the other thing that bus riders can do is when you shop
d.t., ask for this, do you provide Bus 'N Shop and if they are
not, ask (can't hear).
Nov/ I do this all of the time but I am not getting anywhere.
Kubby/ Maybe with this reduced payments we will get further.
Nov/ I do occasionally do that (can't hear).
Council/ (All talking).
Lehman/ Check your parking ticket when you pull into the ramp.
Horow/ Okay. Roll call- (yes). Ordinance passes first
consideration.
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Fl10795
#19 page 1
ITEM NO. 19 -
CONSIDER AN ORDINANCE 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. ,t (FIRST
CONSIDERATION)
Horow/ Moved by Nov, seconded by Baker. Discussion. This has been
a long time coming. The normal period of time for setting up
a new franchise is approximately three years. Drew Shaffer or
Mr. Helling to go into a lot more details than I am cable of
going into. (Can't hear).
Nov/ (Can't hear).
Horow/ Not a bad idea. Mr. Shaffer, can you discussed the changes
that have been recommended by BTC.
Drew
Shaffer/ The changes that the Commission recommended were
actually not the ones that you see in front of you in the
last, I believe what you are referring to is maybe the memo
from Anne Burnside?
Horow/ No, the #1, your memo to council.
Nov/ (Can't hear).
Shaffer/ Those were a result of a variety of things, communications
and writings to us, comments from p.h. as well as the
Commission and their concerns and meetings with some of you
and talking to you about it too. It was a combination of all
those things that led us to the I believe it is five
altogether changes. One of them is actually duplicative in the
ordinance to cover us in both the BTC section and in the
Channels to be provided section in the ordinance. So they-do
you have that in front of you?
Horow/ I have them. Do you want me to read it?
Shaffer/ Yes.
Horow/ (Reads changes).
Shaffer/ I don't mean to give the impression that the commission
didn't have a lot to say about it. They did and their ideas
and suggestions were incorporated long before we got to this
stage. This memo deals with the last changes that were brought
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Fl10795
#19 page 2
up either at the p.h. or by some of you or by written
correspondence. The very last thing that you read about the
access channels ws something we worked out with all of the
access channels to basically insure them some autonomy with
regard to them being able to develop their programming.
Nov/ I strongly approve the (can't hear) being involved.
Kubby/ There are a couple of sections that I really feel are
important to highlight and I want to make sure that in-We are
talking about the ordinance, not the agreement tonight. In the
ordinance it doesn't mention the money for different kinds of
access channels. Correct?
Shaffer/ Right.
Kubby/ There are a couple of important section for me here. One is
on the third and sixth anniversary of the effective date of
the franchise agreement (can't hear) and in the ordinance it
actually says that the city can require the grantee to make
available specific records that we can make sure they are
doing what they say they are doing and that we can inquire
whether the cable company is supplying the level and variety
of service that is equivalent to those being generally offered
at that time in this industry in comparable market situations.
That does give us some power to demand that they keep us state
of the art. Is that not true?
Shaffer/ Yes.
Kubby/ And I guess the other thing that I really like about this
ordinance is that it says there will be loc81 employment
(can't hear). This is something that we can also review at the
tri-annual review. So those are some things I like. One thing
I don't like in this ordinance that won't (can't hear) and I
talked about it last night and I understand the reasons for
ito But the current franchise holder at the end of this
franchise agreement, if they want to renew it, there is a
$10,000 fee for anybody who wants to make a response to our
request for proposal except the current holder of the
franchise. And I believe that really creates an uneven playing
field for someone who already has their foot firmly in the
door, has the law on their side. It makes it very difficult
for us to say no to them and they don't have to pay $10,000
and that doesn"t make sense.
Horow/ (Can't hear).
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Fl10795
#19 page 3
Kubby/ That is what capitalism is about. You take a risk you make
an investment, and you hope you do okay and they are doing
okay.
Nov/
But we also have to hire somebody to investigate the (can't
hear) of the competitors which we already did for this
particular franchise.
Kubby/ I think that is a legitimate cost if we want to open the
playing field up.
Horow/ One of the issues I think has been important and certainly
I have observed it over the past four years. A paper trail. I
think it is very important for the public to realize that when
they have a complaint and they had a comment, when they have
a problem, obviously they are to go to the cable company to
get it rectified. They also should document that and if they
do not get addressed, document it again. This is a paper trail
and the next time this agreement is negotiated, the staying
process of a slow but very thorough process of reviewing the
cable companies (can't hear) with other contracts. That has to
be documented and that is what a paper trail is all about. So,
you know, we all watch cable, it is up to us to keep it on its
toes. Thank you, Drew, very much for all of your work.
Nov/ And thanks to Dale Helling, too.
Horow/ Any further discussion?
Throg/ I would like to make a point, Sue. I am affected by several
of the points that Bob Welsh made earlier this evening during
the public discussion period and my guess is that he is right
when he says that we could probably negotiate a better deal if
the city council chose to send this back to TCI. I think we
probably could get better elements in the agreement. However,
given the fact that no other people urged us to do that and
given the amount of time and effort, four years approximately
has gone into negotiating the franchise agreement. That is a
risk I am not willing to take. So, if we probably could get a
slightly better deal but I am not willing.
Kubby/ When you say risk it means that if we go back to negotiate
one part, it opens up the possibility of renegotiating all the
parts that we have won on.
Pigott/ And frankly the negotiating playing field is no where near
level. I mean, from what I understand and I don't understand
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Fl10795
#19 page 4
it very well. But what I have learned from Dale and learned
from other people, in this business it seems the city is put
at a disadvantage from the get go on negotiating a deal and in
a way we have to prove beyond some reasonable doubt that this
cable franchise has not performed at all to do its duty in
order for us to say no to a franchise. And the negotiating on
some of the issues is something that is up to them to some
extent and I know that that is a really-it sounds like a weak
statement but cable law is just built up for the franchise. It
is a fact.
Nov/ There has been a lot of changes in the past four years while
we have been negotiating.
Pigott/ That is right.
Nov/
So we have some things that we don't necessarily feel are
absolute requirements based on the fact that we started four
years ago. If we were to start over again now the agreement
might not get voted on.
Horow/ I appreciate Bob (can't hear) but I think the comment was
this council is charged to do the best that we possibly can
for the community and in our experience with what we have to
work with I think we are. I do appreciate his certainly
historical perspective.
Kubby/ I have a quick process question. When will we vote on the
franchise agreement? On our third reading or the ordinance?
Woito/ I assume that is what you were planning on doing?
Helling/ It will be on the same agenda as your final reading of the
ordinance.
Kubby/ So that is the time I would expect lots of discussion in
response to much of the p.h. that dealt with the issues of
public access and community programming.
Horow/ Any further discussion?
Helling/ If you have any intention, I doubt that you do, if you
have any intention of expediting this, let us know so we can
put that franchise on the next meeting. Otherwise it will be
on September 5.
Horow/ (Can't hear). Roll call- (yes). The'ordinance passes first
Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of November7,1995.
Fl10795
#19 page 5
consideration.
Thls represents only a reasonably accurate transcription of the Iowa City council meeting of November 7, 1995.
Fl10795
Agenda
Iowa City City Council
Regular Council Meeting
November 7, 1995
Page 13
ITEM NO. 20 -
CONSIDER AN ORDINANCE AMENDING TITLE 2, "HUMAN RIGHTS," CITY
CODE, BY AMENDING THE SUBPOENA POWER OF THE HUMAN RIGHTS
COMMISSION, BY ADDING THE DEFINITION OF GENDER IDENTITY, AND
BY ADDING GENDER IDENTITY AS A PROTECTED CLASS. (PASS AND
ADOPT)
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.
ITEM NO. 21 - ADJOURNMENT.
#20 page 1
ITEM NO. 20 -
CONSIDER AN ORDINANCE AMENDING TITLE 2, "HUMAN
RIGHTS," CITY CODE, BY AMENDING THE SUBPOENA POWER
OF THE HUMA~ RIGHTS COMMISSION, BY ADDING THE
DEFINITION OF GENDER IDENTITY, AND BYADDING GENDER
IDENTITY AS A PROTECTED CLASS. (PASS AND ADOPT)
Horow/ Moved by Kubby, seconded by Pigott. Any discussion?
Throg/ Yeah, I want to tell a story. I was having lunch with a very
good friend of mine. Just a few days after we had our p.h. on
this particular ordinance and I will admit to being quite
surprised when my friend told me that he was intending to
undergo a sex change. I was astonished because I had known him
for quite a long time. But I want to thank Fred Beanmen, the
HR Commission and the other people who spoke during out p.h.
for preparing me intellectually for that conversation. I don't
think I would have reacted the way I did had it not been the
conversation that we had here at p.ho's. So I admire my friend
tremendously and I just want to thank Fred and the other folks
for helping me respond to that appropriately.
Horow/ Thank you, Jim. I think I agree with you. I would also thank
Heather Shank (can't hear). I think your comment for preparing
you intellectually is right on the mark. I have certainly come
in contact with a couple of situations and it assisted me in
terms of educating other people as well. (Can't hear). Any
further discussion? Roll call- (yes).
This represents only a reasonably accurate transcription of the Iowa City council meeting of November 7, 1995.
F110795
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
Nove~er 3, 1995
City Council
City Manager
Work Session Agendas and Meeting Schedule
November 6, 1995
6:30 P.M.
7:15 P.M. -
7:15 P.M.
8:15 P.M.
8:45 P.M.
9:00 P.M.
9:10 P.M.
9:25 P.M.
9:35 P.M.
9:45 P.M. -
November 7, 1995
7:30 P.M. -
November 20, 1995
6:30 P.Mo -
November 21, 1995
7:30 P.M. -
Monday
Special City Council Meeting - Council Chambers
Executive Session (Imminent and pending litigation,
property acquisition)
City Council Work Session - Council Chambers
(TIMES APPROXIMATE)
Review zoning matters
Melrose Avenue Project
Economic Development Ad Hoc Committee
Airport Master Plan Update
Cable Franchise Renewal
Meeting schedule for remainder of 1995
Consider appointments to the Board of Appeals, Design
Review Committee, Human Rights Commission, Parks
and Recreation Commission, and Planning and Zoning
Commission
Council agenda, Council time, Council committee reports
Tuesday
Regular City Council Meeting - Council Chambers
City Council Work Session - Council Chambers
Agenda pending
Monday
Tuesday
Regular City Council Meeting - Council Chambers
PENDING LIST
Appointment to the Senior Center Commission - November 21, 1995