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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. Thisrepresents onlyareasonably accuratetranscription ofthelowa Citycouncil meeting of November7,1995. Fl10795 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 This represents only a reasonably accurate transcription of the iowa City council meeting of November 7, 1995. Fl10795 #4 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council maetlng of November 7, 1995. F110795 #4 page 3 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 Thisrepresents only a reasonably accurate transcription ofthslowa City councilmeeting of November 7,1995. Fl10795 #4 page 4 (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 Thisrepresents only areasonablyaccuratetranscription ofthelowa Citycouncil meeting of November7,1995, Fl10795 #4 page 5 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 Thisrepresents only a reasonably accuratetranscription ofthelowa Citycouncil meeting of November7.1995. Fl10795 #4 page 6 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. Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of Novernber7,1995. Fl10795 #4 page 7 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? Thisrepresents only areasonablyeccuretetrenscription ofthelowa City council meetingof November7,1995. Fl10795 #4 page 8 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 $1 million that they take because- Lehman/ But we as a city have no part in their investment and I guess from my personal standpoint I think we have been doing, for what-almost four years. We have got, I think, as good as folks on the staff and you alluded to those folks. I would love to have best possible agreement that we can come up with. I am not at all sure that we haven't come up with the best that we can come up with. We hired experts. We have got our own people. They have worked years on this thing. You know, at what point do you stop. At some point you have to sit down and say okay, this is the best we can do under the circumstance. Welsh/ And at some point, you as a council on behalf of this community, needs to make a decision. And you seven are entrusted by the community to make that decision and you can say hey, we have the best that we can. All I am telling you is, honestly, I don't think what TCI has agreed to-If you just look at your city's request, do you think those requests by the city are unreasonable. I don't think they are unreasonable. In fact, if I had written that, it would have been even more stringent that that. Horow/ Okay, we really must keep going. Thank you, Bob. Could we have a motion to accept? Moved by Pigott, seconded by Throg. Any discussion. All those is favor signify by saying aye Th~srepre$~nt$~n~y8re8s~n~b~yaccur8tetr8nscr~pt~~n~fthe~~waCityc~unc~~meeting~fN~vember7~1995~ Fl10795 #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 This represents only o reasonably accurate transcription of the Iowa City council meeting of November 7, 1995. 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. Thlsrepresentsoniyareasonablyeccuratetranscdptlon oftheloweCl~ councilmeeting ~ November7,1995. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 7, 1995. 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 Thisrepresents only areesonably accuratetranscription ofthelowa Citycouncil meeting of November7,1995. 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 Thisrepresents only areesonebly accuratetranscription ofthelowa City council mesting of November7,1995. 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 Thisrepresents only areasonably eccurate transcription ofthelowa City council meetingof November7,1995. 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. Thisrepresents onlyareasonablyaccuratetranscrlptlon oflhelowaCItycouncllmee~ngofNovember7,1g95. 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 Thisrepresents onlyereasonably accuratetranscription ofthelowaCitycouncllmeetingofNovember7,1995. 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. Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncil meeting of November7,1995. 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 Thlsrepresentsonlyareasonablyaccuratetranscriptionofthelowa CltycouncllmeetingofNovember7,1995. 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 Thtsrepresentsonlyareasonablyaccuratetranscription ofthelowaCitycouncilmeetingofNovember7,1995. 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. Thisrepresentsonlyareasonablyaccuratetranscriptio~ofthelowa CitycouncilmeetingofNovember7,1995. Fl10795 #5f page 3 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. Thisrepresents only areasonably accuratetranscription ofthelowa City council meetingof November7,1995. Fl10795 #5f page 4 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. Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncll meeting of November7,1995. 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). This 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, 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 Thisrepresents on]y areasonably accuratetranscription ofthelowa City council meeting of Novembsr7,1995. 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. Thisrepresents only area$onably accuratetranscription ofthelowo Citycouncil meeting of November7,1995. 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 Th~srepresents~n~y~re~s~n~b~yeccur~t~tr~nscr~pt~n~fthe~w~ityc~unci~meet]ng~fN~vember7~1995~ 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 7, 1995. 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) Thisrepresents only ereasonably accurate transcription ofthelowa City council meeting of November7,1995. 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 Thlsrepresents only areasonably accuratetranscription ofthelowa Citycouncil meefingofNovember7,1995. 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. This 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 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. Thisrepresents only areasonablyaccuratetranscrlption ofthalowa Cltycoun~l meeting of November7.1995. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 7, 1995. 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 Thisrepresents onlyareasonably accur~etranscrlptton ofthelowaCitycouncllmeetlngofNovember7,1995. 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). Thlsrepresents only a reasonably accuratetranscrlption ofthelowa Citycouncil meeting of November7,1995. 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 Thisrepresents only areasonably accuratetranscrlptlon ofthelowa City council meeting of November7,1995. 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