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HomeMy WebLinkAbout1995-12-05 AgendaIOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF DECEIVIBER 5, 1995 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING - DECEI~BER 5, 1995 7:30 P.IVl. COUNCIL CHAIVIBERS ITEM NO. 1 -CALL TO ORDER. .oLL CALL. ITEM NO. 2- MAYOR'S PROCLAMATIONS. a. Drunk and Drugged Driving Prevention Month - D~ 1995, and ITEM NO. 3 - CONSIDER ADOPTION OF THE CO NDAR AS PRESENTED OR AMENDED, a. Approval of Official Council actions of the special meetings of November 20, November 27, and November 28, 1995, and of the regular meeting of November 21, 1995, as published, subject to corrections, as recom- mended by the City Clerk. b. Minutes of Boards and Commissions, (1) Design Review Committee meeting of September 18, 1995. Design Review Committee meeting of October 19, 1995. (3) Design Review Committee meeting of November 20, 1995. (4) Broadband Telecommunications Commission meeting of October 30, 1995. (5) Housing and Community Development Commission meeting of November 9, 1995. (6) Board of Appeals meeting of July 10, 1995. (7) Board of Appeals meeting of August 10, 1995. (8) Board of Appeals meeting of AuguSt 28, 1995. (9) Planning and Zoning Commission meeting of November 16, 1995. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a m6tion approving a Special Class "C" Liquor License for Pizza Hut of America, Inc., dba Pizza Hut #402041, 127 Iowa Ave. (Renewal) #2a page ITEM NOo 2a - MAYOR'S PROCLAMATIONS° Drunk and Drugged Driving Prevention Month - December 1995, and Lights on for Life Day - December 15, 1995. Horow/ (Reads proclamation). Deborah Hames/ Mayor Horow, city council members. I am the prevention supervisor at MECCA which is the area substance abuse treatment and prevention agency. Throughout the year the council has proclaimed other prevention campaigns for us. We would like to thank you for your continued support. This particular campaign, the National Drunk and Drugged Driving Prevention Month Campaign is very dear to my heart. Each week at MECCA we conduct OWI classes or drunk driving classes. I must tell you that each week our class list is full. Some weeks we run two classes at lunch and at dinner. So that tells me that area law enforcement officers are certainly doing their job. But that els0 tells me that there are many people in this community and people who come to visit this community who are still making very dangerous decisions about the consumption of alcohol and then getting in their cars and proceeding to drive home. As Mayor Horow mentioned the weekend of December 15, 16, and 17 is declared National Life Gone For Life Weekend and the purpose of that weekend is for us to take the time to remember those individuals who have lost their lives in alcohol and drunk driving related crashes. They tell us statistically that every 30 minutes someone loses their lives in a crash. This year that date, that weekend, is especially memorable to my family. Ten years ago, almost to the date, my husband lost his youngest brother in alcohol related driving crash. He was leaving home to go mail his Christmas presents but never arrived back home again. A year ago we also lost another family member over the 4th of July weekend. So so I ask you this year in your thoughts and your prayers to please remember those individuals and really give some time and thought to this particular campaign. On December 15 we will have a display in the conference room here. So I would encourage you to come in, to pick up some information. We will also have some non-alcoholic beverages there for you also. So please come in and join us in celebrating and also in honoring those individuals. Thank you. Horow/ I would also like to take the time to let you know something that happened recently in Washington D.C. on November 13. There was an award luncheon of the 1995 Champion of Safe Kids. This was from the National Safe Kids Camping and Johnson Thisrepresents only areasonablyaccumtetransc~ption ofthelowa Citycouncil meeting of DecemberS, 1995. F120595 #2a page 2 County Safe Kid Coalition won an award for an outstanding local coalition. Formed in 1993, Iowa's Johnson County Safe Kid Coalition has been a tremendously successful in its efforts. It was led by the Iowa City Fire Department and Mercy Hospital. And as you all realize, I am hoping you realize, just recently there was a county wide home fire escape drill. I think we even announced it here. On 7:00 PM, Sunday, October 15 the weather alert siren sounded and families all over the county practiced their home fire escape plan. This is just an example of the excellent innovation and success of this coalition. We are proud to have received this award on behalf of the coalition. The co-coordinators are Roger Jensen from the Fire Department and Margaret Silver from Mercy Hospital. That is the coalition that says National Kids Campaign, Outstanding Local Coalition 1995 Johnson County Safe Kids. Thank you to Roger Jensen and Margaret Silver. Thisrepresents only areesonably accurate transcription ofthelowa Clty councilmeefing of December 5, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 2 (2) Consider a motion approving a Class "C" Liquor License for Gabe's, Inc. dba Gabe's, 330 E. Washington St. (Renewal) (3) Consider a motion approving an Outdoor Service Area for Gabe's, Inc., dba Gabe's, 330 E. Washington St. (Renewal) (4) Consider a motion approving a Class "E" Liquor License for Randali's International, Inc., dba Randali's Pantry, 1851 Lower Muscatine Rd. (Renewal) (5) Consider a motion approving a Class "E" Beer Permit for Randali's International, Inc., dba Randali's Pantry, 1851 Lower Muscatine Rd. (Renewal) Consider a motion approving a refund for an unused portion of a Class "C" Beer Permit for Sinclair Marketing Co., dba Sinclair Retail//14005, 731 Riverside Dr. (7) Consider a resolution issuing a Dancing Permit to Gabe's, 330 E. Washington St. Motions. (1) Consider a motion accepting Abstract of Votes for the Iowa City Election held on November 7, 1995. e. Resolutions. (1) CONSIDER A RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION CON]MISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE SURVEY AND EVALUATION OF A PORTION OF THE ORIGINAL TOWN PLAT. Comment: The Historic Preservation Commission has prepared an application for a CLG grant of up to $9,000 for the survey and evaluation of a portion of the original 1939 town plat. The grant will require an approximate local match of $6,500 which the Commission proposes to provide through funds allocated in the budget for historic preservation activities and through in-kind costs. The grant will aid the City in its efforts to identify, protect and properly develop its historic resources. Agenda Iowa City City-Council Regular Council Meeting December 5, 1995 Page 3 _ ~5~ ~zf (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1502 Y~ELL STREET, IOWA CITY, IOWA, Comment: The owner of the property located at 1502 Yewell Street received assistance through the City's Housing Rehabilita- tion Program on December 3, 1986. The financing was in the form of a seven-year depreciating lien for the amount of $11,000. The terms of the promissory note were satisfied on December 3, 1993, thus, the lien can now be release. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE IN THE FORM OF A LOW INTEREST LOAN AND A UCC2 FINANC- ING STATEiVIENT EXECUTED FOR PROPERTY LOCATED AT 1503 ROCHESTER AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 1503 Rochester Avenue received assistance through the City's Rental Housing Rehabilitation Program on September 14, 1994. The financing was in the form of a Promissory Note and a Mortgage for the amount of $34,003 in addition to a UCC2 Financing Statement for appliances. The note was paid off on November 15, 1995, thus the liens can now be released. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXE- CUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 619 DEARBORN STREET. Comment: In May of 1987 the owner of the property received rehabilitation assistance through the Comprehensive Rehabilita- tion Program in the form of a declining lien for an original amount of $9,100 and a Life Lien for the amount of $9,100. Hills Bank and Trust Company is about to refinance the first mortgage to $52,830. The appraised value of the property is $85,000 which provides enough equity to cover the City's second lien position, which was the City's original position. Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 4 CONSIDER RESOLUTION ACCEPTING THE WORK FOR THE SOUTH SITE SOCCER FIELD AND WASTEWATER PIPELINE GRADING PROJECT AND APPROVING THE SUPPLEMENTAL CONTRACT FOR REMAINING FERTILIZATIONS. Comment: This resolution accepts the work on the South Site Soccer Fields and Wastewater Pipeline Grading Project and recognizes that the remaining fertilization is a minor part of total project and is best completed next Spring for maximum results. A supplemental contract covering the supply and application of three fertilizations between March 1st and June 1 st of 1996 has been prepared. In addition, please see the Englneer's Report recommending project acceptance. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SANITARY SEWER EASEMENT AND A PORTION OF A STORI~WATER MANAGEMENT EASEMENT LOCATED ON OUTLOT "A", WHISPERING MEADOWS SUBDIVISION, PART ONE, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A SUBSTITUTED SANITARY SEWER EASEMENT AGREEMENT FOR THE SAIVIE PROPERTY. Comment: The City currently possesses a 20' sanitary sewer easement on Outlot "A", Whispering Meadows Subdivision, Part One, Iowa City, Iowa. Public Works has recommended the release of the existing easement and the execution of a substitut- ed easement to allow the construction of three condominium buildings as outlined in the proposed site plan and construction plans. The substituted easement facilitates the development of the property under its current zoning, and relocates the sanitary sewer line outside the area of proposed building construction. Further, Public Works has recommended the release of approxi- mately ?,026 square feet of the existing Stormwater Manage- ment Easement to also facilitate the development of this property under the proposed site plan. This Resolution authorizes release of the existing sanitary sewer easement and the execution of the replacement easement agreement, and also authorizes the release of appro~(imately 1,026 square feet of the existing stormwater management easement on this property. Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 5 f, Setting Public Hearings {1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 19, 1995, ON A PROPOSED CHANGE IN THE LANDFILL USE FEES. Comment: This resolution sets a public hearing on a proposed change in the landfill use fee. The hearing will be held in the Civic Center Council Chambers at 7:30 p.m., December 19, 1995, to permit the public to comment on the proposed change in the landfill use fee. The state fee per ton has decreased from 84.25 to $3.75. The · City Council has directed staff to include the 50 cent reduction in the toxic cleanup day portions of the use fee. The grand total use fee will remain the same at 848.50 and 853.50. (2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 19, 1995 ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO 10WA AVENUE, PROJECT. Comment: This work will extend the Iowa River Corridor Trail from the Iowa Memorial Union Bridge to Iowa Avenue and will include tunneling under the CRANDIC Railroad embankment, The construction cost estimate is 8158,682, of which up to 8111,700 will be funded by Federal Surface Transportation Program Enhancement Funds. The remainder will be funded by the General Fund, Road Use Tax revenues, and possible cost sharing with the University of Iowa. g. Correspondence. (1) Letter from the Chair of the Broadband Telecommunications Commission regarding the franchise agreement. (2) Letter from the Museum Director of the Johnson County Historical ,Society requesting funding for the next fiscal year. ~d,_.e./ ~ r h. Applicatmns for theu~s~s of st eets. (1) Application from the Downtown Association for the use of public streets for a holiday kick-off on December 2, 1995. (approved) City of Iowa City MEMORANDUM From: Date: Re: Mayor, City Council and General Public City Clerk December 5, 1995 Addition to the Consent Calendar Item No.3g(3) Letter from Bob. Elliot regarding City Council establishing priorities and addressing issues, policies and concepts. Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 6 ITEM NO. 4- i, Application for City Plaza Use Permits, (1) proved) Application from Delanie Jenkins for permission to set up a table for a bake sale to benefit ICARE on December 1, 1995, (ap- END OF CONSENT CALENDAR PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA}, ITEM NO. 5 - PLANNING AND ZONING MATTERS. Consider setting a public hearing for December 19 on an ordinance amending Title 14, Chapter 6, entitled "Zoning," to allow recycling processing facilities in the I-1, General Industrial, zone and related amendments, Comment: At its November 16 meeting, the Planning and Zoning Commission, by a vote of 5-0, recommended approval of ~mendments to define and permit recycling processing facilities as provisional uses in the I-1 'zone,. and to allow outdoor storage of certain materials by special exception, The Commission's recommendation is generally consistent with the staff recommendation. Action: ' ~¢-~-~-~ #4 page 1 ITEM NO. 4 - PUBLIC DISCUSSION (ITEM8 NOT ON THE AGENDA). Horow/ Public discussion. This is the time for those items that are not on the agenda. If there is anyone in the audience that wishes to address council on an item that is not on the agenda. Please sign in, state your name and I would ask you to keep your comments to no more than five minutes. Charlie Eastham/ I am serving as the president of the GICHF which is a general partner in Saratoga Springs Limited Partnership. The other general partner is Robert P. Burns and I am here this evening to make a request to council. As by way of explanation for the request: the goal of Saratoga Springs Limited Partnership is to build, by new construction, affordable rental housing which is to be managed by the GICHF. The limited partnership has not been able to proceed with meeting this goal due to lack of suitable sites which are 1- available for sale, 2-priced at the fair market value for an approved density, and 3-properly zoned at a density required for the housing type, apartments, townhouses, duplexes, s.f. preferred by the city council. Therefore we are requesting the city council's assistance of us location and acquiring a suitable site. I suggest council use one of the following methods: 1-Simply advertising, 2-identifying a potential site or sites and contact landowners, 3-considering the possibility of using the city's power of eminent domain. We are open and flexible to the form of the neighborhood which housing could be located. Adjacent land use, adjacent housing types and ownership such a site fit. I don't expect a reply this evening. I would ask that the continuing members of the council, this council, work with new members coming in several weeks to try to work with us as partners in providing affordable housing by obtaining land. Horow/ Moved by Pigott, seconded by Kubby (to accept correspondence). All those in favor signify by saying aye (ayes). Anyone else care to address council on any issue not on the agenda? Ed Barker/ And I have been up here several times in the last 13 months. I probably sound as though I am always suggesting different ways of doing things, different than what has been recommended to you and so forth. I don't want to sound like I am against everything all of the time and want to indicate to you that my feeling is that there is many many things right in our city. I would like to just touch on just a few of them and particularly pay tribute to those people who make these things Thfs represents only o reasonably accurate transcription of the Iowa City council meeting of December 5. 1995. F120595 #4 page happen. Police and fire have always responded to our calls in a very timely manner. Every time I have gotten a traffic ticket the policeman has had a smile and a kind word. The Public Works Department takes care of things very well. Recreation programs and even an area that we complain a lot about, the inspection process for rental housing. We had a situation where it was going to be a significant cost on three times. We worked with the HIS people indicating what our time frame to get it all completed would be, what it would cost in this regard and then presented to them and say you prioritize things in which order you want which they did and worked out very well I think for them as well as for us. And then I think that no one who has visited our city would ever say that our library and senior center were second rate. Those are two of the most outstanding features in our community. I just wish to express my appreciation to all of these things. You people in leadership roles we owe you each our respect and gratitude. Horow/ Anyone else care to address council on any issue not on the agenda? Thls represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #5a page 1 I~MNO. $a. Consider setting a public hearing for December 19 on an ordinance amending Title 14, Chapter 6, entitled "Zoning,', to allow recycling processing facilities in the I-l, General Industrial, zone and related amendments. Horow/ Moved by Nov, seconded by Throg. Any discussion? Lehman/ Sue, is this to enable the city to construct our facility? Horow/ No. And the applicant has asked for expedited consideration if possible. All those in favor signify by saying aye (ayes). Thisrepresents only areasonablyaccuratetrenscrlptlon ofthelowa City council meeting of DecemberS, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 7 Consider setting a public hearing for December 19 on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off- Street Parking and Loading," to reference the Parking Facility Impact Fee Ordinance in the off-street parking regulations section of the Zoning Chapter. Comment: At its November 16 meeting, the Planning and Zoning Commission, by a vote of 5-0, recommended approval of amendments to reference the Parking Facility Impact Fee Ordinance in the off-street parking regulations section of the Zoning Chapter. The Commission's recommendation is consistent with the staff recommendation. Action; Consider 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. (Pass and Adopt) 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 and November 7 public hearings on this item. Action: ~'~/<~ ~?. ~--'a..-' #5C page I ITEM NO. 5c. Consider 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. (Pass and Adopt) Horow/ Moved by Pigott, seconded by Kubby. Any discussion? Lehman/ Sue, one thing. The intent of this ordinance I think is supported by perhaps everybody in the community. I think the intent is admirable. How it works I think depends a great deal on the flexibility of the staff and the developer. I guess as a council person I am very very interested to find out how it does in fact really work. I think it will and I have been told by the responsible developers that many percent of the developers really follow these sort of rules right now and it will affect only about 10%. But I am very very concerned that it does in fact work. So I would encourage the city staff folks and the developers to keep us apprised of how it is working. Horow/ I think that is reasonable. Each evaluation, each ordinance that we pass, should have some sort of evaluation potential in it. I would agree with you on this. This is an exciting paradigm shift. It really is. Kubby/ And a comprehensive one. In many communities people do it piece mill, area by area in terms of categories of sensitive area. I know that we have kind of said this the last few times we have voted on it but it was people like Larry Baker and Naomi Novick who ten years ago were on the ad hoc committee. People like Bruno Pigott at his first meeting as a council member was a fourth vote to make it happen. Bottom line is you need four votes to make something happen and for all of us for supporting this kind of innovation. I am very proud of our community, not only the process we used but the end product is very good. Nov/ We have to congratulate staff, too. Pigott/ Yeah, they did a lot of hard work on it. They deserve a lot of credit for it. Horow/ Okay, roll call- (yes). Way to go. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 8 Public hearing on an ordinance amending the Zoning Chapter by repealing Title 14, Chapter 6, Article J, Section 1, River Corridor Overlay Zone. Comment: At its October 5 meeting, the Planning and Zoning Commis- sion, by a vote of 6-0, recommended approval of amendments to repeal the River Corridor Overlay Zone, subject to Council approval of the Sensitive Areas Ordinance. At its October 18 meeting, by a vote of 8-0, the Riverfront and Natural Areas Commission also recommended approval. The River Corridor Overlay Zone will be replaced by the stream corridor provisions of the Sensitive Areas Ordinance. These recommendations are consistent with the staff memorandum dated October 5. Action: Consider an ordinance amending the Zoning Chapter by repealing title 14, Chapter 6, Article J, Section 1, River Corridor Overlay Zone. (First Consideration) Comment: Action: See item d. above. PubLic hearing on an ordinance amending Title 14, Chapter 5, Building and Housing, Article H, Site Plan Review, to include a reference to the Sensitive Areas Site Plan. Comment: At its October 5 meeting, the Planning and Zoning Commis- sion, by a vote of 6-0, recommended approval of an amendment to add a reference regarding the Sensitive Areas Site Plan to the Site Plan Review section of the Building and Housing Chapter of the City Code. At its October 18 meeting, the Riverfront and Natural Areas Commission, by a vote of 8-O, also recommended approval. These recommendations are consistent with the staff memorandum dated October 5. o Action: #5d page I ITEM NO. 5d. Public hearing on an ordinance amending the Zoning Chapter by repealing Title 14, Chapter 6, Article J, Section 1, River Corridor Overlay Zone. Horow/ Is it possible for us to have the p.h. on all of the ordinance? No, I have to take them individually. Declare the p.h. open. Anyone who wishes to address council on this issue, come forward, state your name, sign in, keep your comments to no more than five minutes. I see none. I close the p.h. Wait a minute- Harvey Wehde/ I own Iowa City Insulation, Sand Road Investors. I am a member of the Iowa City Home Builders Association, local area Chamber of Commerce, and Habitat for Humanities and affordable housing projects. The ordinance we are talking about now I have two concerns. I have been involved in the Riverfront Commission, P/Z and now this evening. My questions are that concern me and a lot of people that I work with. They do not feel the tax payer is informed about the cost of the implementation of this ordinance. I request the answers to these questions. How long will it take to provide this information? 1-What are the costs to the taxpayers to this point for drafting a Tree Ordinance that was dead on arrival over a year ago and the Sensitive Areas Ordinance to this point. 2-I have heard estimates from reliable sources that this ordinance will add $3,000-4,000 in lot costs in Iowa City or 10% development cost for a subdivision. 3-Some circumstances this could violate an individuals property rights. 4-Up sizing Iowa City government that you consider how many individuals you would add to the staff, secretaries, cars, fringe benefits, Blue Cross Blue Shield, retirement benefits. I have heard estimate from people that the total package could add up to $270,000 per year. You also know this ordinance will impede growth, take away from the tax base, and add to the cost of housing in Iowa City. 6-This will add to the time frame for development and time is money. Closing what disturbs me the most is that the staff and council have not looked at the financial risk but are on a mission to pass this Sensitive Areas Ordinance at any cost. I request that this council and I guess it is too late for this, wait until the new council comes in and so we can find out the answers to these questions that I don't think really any of us really know. This will give the new council public input that might be relevant to this ordinance. My final question to Steve is how long would it take to get the answers to these questions that I have asked here or can we even get the answers? Thisrepresents only 8reesoneblyeccuretetrenscrlpt]on ofthelowe Citycouncll meeting of DecemberS, 1995. F120595 #5d page 2 Horow/ If you wouldn't mind I would frankly like to take on the answer. As you realize we have already just passed the Sensitive Areas Ordinance. You are currently are talking about the River Corridor Overlay being submerged into the stream corridor part of the Sensitive Areas Ordinance. As Ernie and I were talking about it, this is a paradigm shift in how we look at this city in development. I think as we go along in it implementation, those answers will either agree with you or refute what you are stating. And so I guess it is up to the developers to help us find the answers to those questions. I guess we would be asking you and your colleagues to assist us in that evaluation process. Wehde/ I think this is what we want to do. I think this is what we all want to do. We just don't want to get caught in a situation that we are being held a victim to go on with our development or we are having our property rights taken away and we are paying money for this and we are not being reimbursed and there is a lot of concern about cost of housing in Iowa City. So I think Ben Moore made a good point the other night when the people from Dodge Street, over there. We need to get more developers involved with all of us people here because then we can find these ways that we can find these solutions and I think we can put this together that I could work with it and I think a lot of the developers could and I think we need to do a lot more of this and I will go with Ben Moore on this. Horow/ If I may suggest, keep that letter because frankly I would say that this time next year would be a good time for you to repeat those requests. I would be foolish if could say staff could give you the answers right in a week or a month. Kubby/ Although some of them have been answered. For example, constitutional muster about property. Does this ordinance in general commit a taking. It passes constitutional muster, our Legal Department would not let it get this far. Ernie was saying that he belongs to some of the same organizations you do and he is saying people he is talking to, 90% of developers are doing these things already. So, if that is true, there is no additional cost to what is already being done in Iowa City. It is just being done in a very formal way now instead of the informal way. We were told by staff in terms of-what they were requesting in terms of staffing was two full time new staff members. I suggested that we maybe have one new full time staff member that had multiple duties to make things go very smoothly in the field so that they could assess issues in the Thisrepresents only areasonably accurate transcription ofthelowaCity council meeting of December 5,1995. F120595 #5d page 3 field and have the power to say you have got two options or how to do it differently to follow the rules. And so some of those have already been talked about and in a certain way, when you talk about how much it has cost us so far, somehow in there it feels like there is an implication there is not community support for this. And people who aren't up here- people are up here because the majority of voting Iowa Citians put us here and that we have talked about these issues very extensively and in a very inclusive way with the development community. I think our process has been on this particular issue, very thorough. Wehde/ It has been a long road. Kubby/ Paradigms don't happen over night. Social change takes time. Wehde/ I want to make sure that this stays flexible because if it is used in the wrong way, with staff and council against the business community or the development community or the people that want to buy houses at affordable prices. It can hurt all of us more than what we are getting affected now. So I want everybody to be flexible and let us work as a team and get this thing through and do it the right way. Horow/ Thank you very much for your comments. Anyone else care to address council on this ordinance that amends the River Corridor Overlay Zone? Declare the p.h. closed. Thlsrepresentsonlyareasonablyaccuratetrans~ption ofthelowaCl~ councilmeetlngofDecemberS, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 9 ho Consider an ordinance amending Title 14, Chapter 5, Building and Housing, Article H, Site Plan Review, to include a reference to the Sensitive Areas Site Plan. (First Consideration) Comment: See item f. above. Action.* '~/~~ Public hearing on an ordinance amending Title 14, Chapter 5, Building and Housing, Article I, Grading Ordinance, to make it consistent with the Sensitive Areas Ordinance. Comment: At its October 5 meeting, the Planning and Zoning Commis- sion, by a vote of 6-O, recommended approval of amendments to the Grading Ordinance to make it consistent with the Sensitive Areas Ordinance. At its October 18 meeting, the Riverfront and Natural Areas Commission, by-a vote of 8-0, also recommended approval. The Board of Appeals, at its October 30 meeting, recommended that if the Sensitive Areas Ordinance is approved, that amendments to the Grading Ordinance to make the two ordinances consistent should be approved. The Board indicated that this recommendation does not indicate a position regarding the Sensitive Areas Ordinance. Action: Consider an ordinance amending Title 14, Chapter 5, Building and Housing, Article I, Grading Ordinance, to make it consistent with the Sensitive Areas Ordinance. (First Consideration) Comment: See item h. above. #5i page ITEM NO. Consider an ordinance amending Title 14, Chapter 5, Building and Housing, Article I, Grading Ordinance, to make it consistent with the Sensitive Areas Ordinance. (First Consideration) Horow/ Moved by Throg, seconded by Pigott. Any discussion? Kubby/ We just are about to do two things and it has come in the vein of Ed Barker saying good things that happen. We have just voted on first consideration to repeal a duplicative law and I think it is important Go let the community know that we are actually taking a law off the books instead of adding in exchange for adding one and not just having them build up. Secondly, with this grading ordinance, a couple of things are happening. We are changing the steepness of a hill that will need engineered grading. That corresponds with our Sensitive Areas map so that people are not looking at two different standards. So all of the standards are going to be the same. And secondly, we are changing the process that makes it easier, faster, and therefore cheaper for the development community when they are bringing something to us and I think that is real important to recognize. Horow/ Okay. Any further discussion? Roll call- (yes). First consideration passes. Thisrepresents only areasonably accurate ~anscriptton ofthelowa City council meeting of DecemberS, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 10 Public hearing on an ordinance amending Title 6, Public Health and Safety, Chapter 3, Weed Control, Section 3, Natural Areas, to make consistent with the Sensitive Areas Ordinance. Comment: At its October 5 meeting, the Planning and Zoning Commis- sion, by a vote of 6-0, recommended approval of amendments to the natural areas section of the Weed Control Ordinance to make it consistent with the Sensitive Areas Ordinance. At its October 18 meeting, by a vote of 8-0, the Riverfront and Natural Areas Commission also recommended approval of the proposed amendments to the Weed Control Ordinance. These recommendations are consistent with the staff memorandum dated October 5. Action: Consider an ordinance amending Title 6, Public Health and Safety, Chapter 3, Weed Control, Section 3, Natural Areas, to make it consis- tent with the Sensitive Areas Ordinance. (First Consideration) Comment: See item j. above. Public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article 5, entitled "Performance Standards," Section lOB, concerning the location of aboveground storage tanks. Comment: At its November 2 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the amendments concerning aboveground storage tanks. The Commission's recommen- dation is consistent with the staff recommendation contained in the staff memorandums dated November 2. Action: #5j page 1 ZT NO. Public hearing on an ordinance amending Title 6, Public Health and Safety, Chapter 3, Weed Control, Section 3, Natural Areas, to make it consistent with the Sensitive Areas Ordinance. Horow/ Declare the p.h. open. Because I am allergic to poison ivy I checked on this and if there are such things in these areas, there can be spot eradication. Throg/ Are you allergic to multi-flora rose, too? Horow/ No, I am not allergic to multi-flora rose. Poison ivy I am. Declare the p.h. closed. Thisrepresents only areasonablyaccuratetranscrlptton ofthelowaCItycouncilmeefingof December5,1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 11 me Public hearing on an ordinance amending the Zoning Chapter to clarify the definition of time/temperature signs. Comment: At its November 2 meeting, by a vote of 5-1, with Scott voting in the negative, the Planning and Zoning Commission recommend- ed approval of the amendments specifying requirements for time/temperature signs. The Commission's recommendation is consistent with the staff recommendations, contained in the November 2 staff memorandum. At its November 1 O, 1995, meeting, the Design Review Committee, by a vote of 7-0, also recommended approval of the amendments.. Action: -~O ~ ~~ nw Public hearing 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 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 contained in the October 1 9 staff memorandum. No comments were received at the November 21 public hearing on this item. Action: Consider an ordinance amending the Zoning Chapter to allow adult day care, elder family homes, and elder group homes under certain condi- tions in Iowa City, and to change the definition of elderly. (First Consideration) Comment: See item n. above. Action: #Sn page 1 ITEN NO. 5n. Public hearing 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. Horow/ Declare the p.h. open. I have asked Ms. Franklin to further help us. Franklin/ There are two revisions to the ordinance at the request of the council from last night. Elder family home has changed to permit up to 8 people and the reason we put 8 rather than 7 was because group care is for more than 8 and so as not to create a gap we have that at 8. The elder group home remains at 5 as we discussed and includes a provision to require certification. Nov/ And what is the name of the home that has more than 8? Franklin/ That would be a group care facility. Nov/ Group care facility? Franklin/ Yes which is permitted in other zones, higher density zones. Nov/ And this group care facility may or may not be elder people? Franklin/ That is correct. Horow/ Thank you, Karin. Anyone else care to address council on this issue? Declare the p.h. closed. Thisrepresents only e reasonably accuratetranscription ofthelowa City council meeting of December 5,1995. F120595 #5o page ITF~! NO. 50. Consider 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. (First Consideration) Horow/ Moved by Kubby, seconded by Lehman. Any discussion? Nov/ I think we ought to add the fact that the elder group home as designed here is going to require a state certification which the ordinance would not have. Horow/ For those of you wondering, the definition of elder is a person 60 years of age or older. It always helps to know what you are talking about~ Nov/ That changes according to various folks. Horow/ I only have three more years to go. Any further discussion? Roll call- (yes). Okay, first consideration passes. This represents only e reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 12 Public hearing on an ordinance amending the Zoning Chapter to require bicycle parking for commercial and multi-family residential developments. 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. The Commission's recommendation is consistent with the staff recommendation contained in the October 19 staff memorandum. Comments were receiv/ed at the November 21 public hearing on this item. ~ ~ Action: Consider an ordinance amending the Zoning Chapter to require bicvcle perking for commercial and multi-family residential developments, (First Consideration) Comment: See item p. above. Action: '~///,~ f ~,~. Consider a letter to the Johnson County Board of Supervisors recom- mending approval of a requested rezoning of approximately 66 acres from RS, Suburban Residential, to M1, Light Industrial, for property located in Fringe Area 5 on the east side of Scott Boulevard, North of 420th St. SE. (CZ9543) Comment: At its November 16 meeting, the Planning and Zoning Commission, by a vote of 5-0, recommended that a letter be forwarded to the Board of Supervisors recommending approval of the requested rezoning. This recommendation is generally consistent with the staff recommendation contained in the November 16 staff memorandum. Action: -~/~.~ #Sp page ITEM NO. 5p. Public hearing on an ordinance amending the Zoning Chapter to require bicycle parking for commercial and multi-family residential developments. Horow/ Declare the p.h. open. I would ask you to sign in, state your name and keep your comments to no more than five minutes. Franklin/ Again, in response to comments from the council last night, we have included a provision that allows for the substitution of bicycle parking for one or two parking spaces. How it reads for the benefit of those listening: For every seven bicycle parking spaces required for and then the council needs to choose between commercial and or multifamily uses-the required number of off street parking spaces for other vehicles may or shall be reduced by one space up to a maximum of two spaces. So if you are required to have five bicycle spaces, then you may eliminate one required off street parking space. And the critical questions for the council to answer before you close the p.h. and before you vote on first consideration is 1-whether you want this to be prescriptive, that is that you require it or that you allow it as an option. And secondly, whether this is to apply to commercial uses only, multifamily uses only or both. Baker/ Karin, can I ask you a couple of questions for clarification and I apologize because I wasn't here last night for discussion on this. Isn't a regular parking place, isn't it big enough for 8 bicycle parking spaces. Why the number seven? Franklin/ We chose the number seven because compact spaces are 8 by 15 and you could get 6 or 7 bikes in these with some ease. It gets a little bit tighter if you go to 8. I think probably in those you would only have 6. Baker/ So 7 is just a realistic compromise number? Also the way this is worded, it says for every 7 bicycle parking spaces required for commercial or multifamily the required number of off street parking spaces for other vehicles may/shall be reduced by the one space up to the maximum of two. When I read that that is saying they can reduce the number of parking spaces but not use those spaces for bike parking. They can still put the bike parking somewhere else is the way I read that. I thought we were talking about a tradeoff. Franklin/ We are talking about a trade. That was the intent. Baker/ The required space could be used for bicycle parking up to Thls represents only e reasonably accurate transcription of the iowa City council meeting of December 5. 1995. F120595 #5p page 2 one or two spaces. But again, this is worded. It just says required spaces- I am just looking at the way you can reduce that number of Franklin/ The number of off street parking spaces for other vehicles. Nov/ You may use the spaces that have been built for other vehicles for bicycles instead of other vehicles. The point that he is making is that you want them to build that space. You don't want them to say they have reduced that space. Pigott/ You want them to use that space for bike parking. It doesn't seem clear. Franklin/ You have the requirement that the bicycle parking spaces must be of a permanent dust free surface and that can be rock. If you reduce the parking spaces for automobiles by one, you may then either pave it and use if for bicycle space of put it in rock and use it for bicycle space. Wherever you have the bicycle space, you will have to have some kind of surface to park those bikes on. Kubby/ I think we are all clear with that. We want to make sure the language reflects that. Franklin/ I understand that. Kubby/ You need one little like three phrase clause in there, three word clause. Franklin/ Why don't you take comments and I will think about that one. Horow/ The p.h. is open. Anyone who wishes to address council on this issue. by the way, we do have correspondence from Lynne Sigley on Roosevelt. Moved by Pigott, seconded by Throg (to accept correspondence). Any discussion? All those in favor signify by saying aye (ayes). Thank you. Thanks. Feather Lacey/ I just have three points. Well, four now that I like the idea of trading off the parking spaces. I want to remind you that you know the Johnson County Council of Governments already approved this ordinance. I think they are a very wise group. That this ordinance is not a new concept as I think you received this in your packet. Similar ordinances have been adopted already in other progressive college type university Thisrepresents only areasonably accuratetranscription ofthelowe City council meeting of December 5,1995. F120595 #5p page 3 towns that are very comparable to Iowa City such as Madison, Wisconsin, Palo Alto, Boulder, Eugene, Portland, Austin, Gainesville, Florida. And I wanted to say don't make bicyclists criminals. If you look outside now there are about 8 bikes parked out there and they are all in the rack which is very nicely placed there. There no bicycles in your planters or on your rails or any place else because there is a bike rack there. Bikers will bike and if there are no bike racks we are forced to put our bikes in all of these illegal places and I really just hate to do that. But we are forced to and you can alleviate that by passing this ordinance and I, myself, don't llve in an apartment now but I have spent many years in apartments and I really got tired of lugging my bike up four, three flights of stairs. Thank you. Bruce Glasgow/ In the interest of saving time. I am glad to know that I am elderly by ordinance. Horow/ We are glad you are glad, Bruce. Glasgow/ I really didn't think I was. I have some of my subdivisions approved by Dean Thornberry's father and I have had some of them approved by John Balmer's grandfather. So I guess the ordinance must be correct. Anyhow, I didn't intend to talk about bicycles. But I do have a 35 unit apartment house and I did a quick little survey on my own without asking any questions and I was just wondering whether my 92 year old tenant would like a bicycle. Whether my 88 year old tenant would like one. Whether my 90 year old tenant would like one. We haven't go anybody there with a bicycle on top of a car, behind a car, in the garage. We can put that in there, no problem. We can put a sign along side of it saying don't use it. I think you put in a little clause in there saying that maybe there should be an exemption for somebody who wanted to provide housing for the elderly in Iowa City. Kubby/ That is assuming that no person who is elderly will be biking. I guarantee that Feather Lacey will not stop biking as she gets older until she just physically cannot do it anymore. It matters who your individual tenants are as to whether that facility will be used or how extensively that facility will be used. Glasgow/ I have a clause in my covenants in the rental agreement that says they can't have motorcycles and I never had a complaint. This represents only a reesonably accurate tr&nscrlptlon of the iowa City council meeting of December 5, 1995. F120595 #5p page 4 Pigott/ This won't apply to your existing 35 unit apartment. Glasgow/ Yeah but we have room for more. Pigott/ I am sure you do. Glasgow/ I don't know if I have enough time for more but I have room. So you might consider that. Maybe there should be an exemption in there that if we are allowed to have elderly and no children maybe it should be no bicycles. Thank you very much. Lehman/ Bruce, can I ask elderly folks in them. elderly folks forever, you a question? Your units now have It doesn't mean they are going to have does it? Glasgow/ Nope. Lehman/ Let's not talk about yours. Let's talk about new construction. You build new construction, you build it primarily for elderly folks who are not going to ride bikes. It doesn't mean it is always going to be that way. What would the cost of a bike rack, what would it amount to in the total cost of an apartment? Glasgow/ I will buy a used on some place and put it on the- Lehman/ What is it going to amount to? Glasgow/ Nothing. Lehman/ Then what are you complaining about? Glasgow/ I never thought of it that way. I just don't want you to keep telling me what I have to do everyday. Lehman/ I hear you, I really do. Glasgow/ When we come in with a new one, I bet you it will take a week to convince P/Z that the bike rack is on the right place. That is what we are up against. Time is money, isn't that right Karen. Kubby/ Right, in my business and in your business. Glasgow/ Thank you very much. Thisrepresents only areasonablyaccuratetranscrlption ofthelowa City council meeting of DecemberS, 1 995. F120595 #5p page 5 Horow/ Thank you. Ms. Franklin, would you care to- Franklin/ I just want to point out that the requirement for elderly housing is less than for other multiples or other housing units. Horow/ Thank you. Anyone else care to address council about this ordinance? Ed Barker/ I am representing this evening the Greater Iowa City Apartment Association. I will answer your question, Ernie, if you will rephrase it. I am not complaining but I am expressing a point of view. First I want to thank Charles Denney for sending a letter to the Apartment Association in response to the p.h. a couple of weeks ago explaining the proposed ordinance and so forth. In answer to your question further, Ernie, it is not a significant cost factor. I think we have all agreed on that. So what is the beef? In my judgement its the question is should government add amendments to ordinances implying an enforcement procedure when no significant if any need has been demonstrated and were an educational program can better achieve a desired result. our organization can help develop such a program and we see cooperation and working together with you folks rather than have us achieve unilateral ordinance. It appears that no real meaningful study was made and we also made a survey and I will give you the results of that. CHANGE TAPE TO REEL 95-143 SIDE 1 Barker/ The ordinance. This a quick couple of phone calls told me that the city is fairly close to compliance in the d.t. area. you have 3,609 parking spaces and meters and ramps and meters. You got 320 bicycle parking spaces and based on, as I can glean through this proposed ordinance and so forth, it appears that this kind of a situation would require 10% parking of the required automobiles. And I don't know if you exceed or are under the requirements on that, but that would mean that you need 361 spaces instead of the 320. So you're pretty close. But we don't know what the swimming pool situations would be in the summer time. This gets back to what Karen asked in regard to more bicycles in the summer time. When you stop to analyze it, this new ordinance would result, the proposed ordinance, I'm not ready to call it a new ordinance yet, would result in very few additional bike parking spaces over what would be constructed. There's not going to be a lot of apartments constructed in the near future probably in Iowa Th~~r~pres~nts~n~y~rea$~nab~ya~curat~tran$cript~~n~fthe~~waCityc~unci~m~eting~fDe~ember5~1995. F120595 #5p page 6 City and if you'd survey the ones that have been built recently, you'll find that there is bicycle parking there. But whether it exactly meets the standards or not, I'm not quite sure. But there is bicycle parking in those places. So it would have a very very few additional parking spaces. The other problem is, standardization seems to me not the way to go. Mr. Glasgow pointed out, different situations require different needs, and bike parking falls into that and should be the responsibility of the owner and the residents in response to the needs of that particular situation. By encouraging the use of bicycles and working with the private sector on a voluntary basis, adequate bicycle parking would be provided, not only at new construction sites, but also at existing sites, because we'd be very willing to enter into an educational program with our residents to encourage bicycle riding and we will assess needs to see if we need to add and if we do, we will add those on our own as we have done in the past. An additional program of education needs to include teaching bicyclists their responsibilities in traffic situations dominated by motor vehicles. It should be a jungle out there if we reach your goal as stated in Mr. Denney's letter on more than tripling the use of bicycles in Iowa City by the year 2015. I did receive some phone calls in regard to this and our survey points that out a little bit also. Our association will cooperate through contact with owners in a variety of ways, through newsletters, our monthly meetings, encouraging surveys amongst residents, working with city officials in a cooperative manner and responding to the needs of our residents. If an ordinance is passed, potentially someone will define it as a safety issue and make it retroactive and attempt to make it retroactive. The groundwork for this has been laid out in Mr. Denney's letter to our association in which he states, additionally giving apartment residents a place to park their bikes can eliminate the perceived need of the residents to bring their bikes inside the building where they can damage hallways and apartments and block emergency exits. As a high school principal for 24 years, I learned that it's better in many situations to influence the desired behavior patterns through education and example rather than require certain behavior by rules. I challenge you to approach this issue through an education program rather than ordinance. You'll also need to set an example by having your facilities meet standards which you expect from us. I expect my five minutes are up and if anybody wants to ask me a question as to what the results of our survey was, I'll be glad to answer it. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #5p page 7 Throg/ I'd like to take the opportunity to ask you a couple of questions. Barker/ Okay. Throg/ I really enjoyed talking with you. We've met in my office. We've met here. We've met elsewhere and it's been a very rewarding experience, but I'd like to turn some of your language back around on yourself, see how it works. Barker/ You're trying to trick me. Throg/ Would you make the same comment about motor vehicle parking as you just did about bicycle parking racks? Barker/ I would make the same comments in regard to motorcycles certainly, horses and things, but automobile as your own people point out are apparently 97% of transportation now. I wouldn't be adverse to that because I think the competitiveness of apartments would require adequate automobile parking. And so you do have different standards of requirements on parking. I think the newer construction requires'more than older ones and so forth. And so you do have a different standard there, but I think I could make a case. Throg/ Okay. Thanks. And the second question. Barker/ In the afternoon I might make the opposite case. Throg/ I wouldn't be surprised. You've consistently argued with regard to the water and sewer investment, that we ought to pursue basically the least cost option. That we ought to find ways to save taxpayer/ratepayer the long money. And that's a reasonable thing to try to do. In this instance though, you seem hot to be considering total cost because you've already said there's an objective say to have 10% of total vehicle miles travelled accomplished by bicycles rather than cars and yet you're objecting to anything that provides incentives to the use of bicycles, even though the cost of building new parking ramps, the cost of building new roadways, the cost of widening roadways, the cost of building new parking spaces, is vastly greater than the cost of buying bike racks. Barker/ Well, I think that you probably know as well as anybody that going from 3% up to 10% is probably not going to have significant impact on what you do as far as parking ramps and so forth are concerned. But this is, as you point out, I'm not Thisrepresents onlyareasonably accuratetranscription ofthelowa City council meeting of DecemberS. 1995. F120595 #5p page 8 arguing this on a cost basis at all. It's on a philosophical saying of should we have another ordinance when, at least in my judgement, the objective can be achieved in other ways. And I maintain that educational ways of achieving this are better, a better way to change behavior that edict of requiring the parking. I don't know any apartments that don't provide bicycle parking if the need is there. Nov/ I would agree with the educational aspect for current owners of apartment buildings, but you won't have the Apartment Owners' Association ability to train somebody who hasn't yet come here and hasn't yet built and apartment building. And for those people, that then without Iowa City associations to educate them, we'll follow the ordinance. Barker/ Well, I'll just tell you what our group can do. And I think we can have influence as far as what is done where well know there likely could be a shortage. I'd like to give you the results of the survey. I can pass that out. I have it printed. Nov/ If you have it printed, it would be nice to see it. Horow/ We've got other people who would like to testify so if you can pass this out, that would be. Anyone else care to address council on this issue? Anna Buss/ 525 W. Benton. I'd like to but another twist on this if you would. In the last week or two since I heard about this, I'm also a member of the Apartment Association. I called, I took a few minutes and I started calling some of my tenants who are bikers, avid bikers. And one of the comments that I got back repeatedly was, I don't care how many bike racks that you provide for us, I have a $1,500 bicycle and it's not sitting in some bike rack. Now I manage a number of new units but I also have lots of older units. At all of our units, we have space for bicycle racks. At most of our units we have bicycle racks of some nature. There is a place provided. Most of the tenants that I called, we have prices of bicycles. I asked them a number of questions. One of them was, since you have a bicycle and I do not, how much did you pay for it. It was an interesting span, everything I got from $1500 down to $3 at Goodwill. And I can tell you that most of the ones that pay a little more for their bike, won't even consider letting them set outside for whatever reason. They're not interested. Why can't the city for once try something really innovative and go with making it a suggested area? We would like to suggest that you please provide- Most of the people do anyway, This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #5p page 9 most of the people who build these buildings. There's always some place where they can put bikes and bike racks. Why make it one more layer that another builder has to dig through. We already have enough. Now we're adding something more and it's something again as Mr. Barker said, I think through some education programs that that shouldn't be a problem.. The bicycle association in Iowa City is a good one. I think they do a lot toward educating the public, and I think it could be worked at from that point. It won't take long as some of the things, as the track has already shown, it won't take long if this is starting in new construction for the trickle back effect. .To start going, well, now we have it in new construction, let's go back to the older construction, the older areas. And I'd like to see us try at least, I mean it doesn't hurt to try anything. We could try it for awhile and you could suggest to the people coming in, please please provide a place for bicycles to park. We don't want to have to require it. And if you do it voluntarily, then it won't come down to an ordinance that's going to take time to get it passed and reviewed. Thank you. Throg/ Anna, could I ask you a question? You spoke about mainly about multifamily units, but you didn't mention commercial facilities and this ordinance in part addresses commercial facilities. Would you make the same points in regard to them? Buss/ ¥eah, I would because at the rate the city's going with as many ordinances that are here, you may not have as many commercial facilities as you wish. And with the piling on of ordinance after ordinance, I think this is something you can start small and go backwards, maybe take off a few of these ordinances. I think that anybody that's building and coming to Iowa City knows their market. They're intelligent enough to know their market. If you're coming here with a multimillion dollar building, hey, we've got how many bicyclers in Iowa City? All you have to do is look around. You know how long did it take for the city to get a bike rack out front here? You know there'was no ordinance there. They finally put one in. So I think if you- Nov/ But it's been there a long time. Buss/ But there's been a lot of bikers in Io~a City for a long time too. Nov/ Are you referring to the bike rack out front? It's been for there for (can't hear). Thisrepresents only 8reasonably accurate ~anscHptlon ofthelowa City council mestlng of December 5,1995. F120595 #5p page 10 Kubby/ Since I've been hanging out. Buss/ I think when you talk to people who are building commercially, they want- bikers have money to spend just like anybody else. And whether they choose to bicycle, motorcycle, walk, skateboard or whatever, people want them to come to their business and spend money. And if having a bike rack somewhere close in the vicinity to park their bike, they'll put it in. Throg/ You know I ride a bike quite a bit. Why is it when I go to most commercial facilities there are no bike racks to park at? Why is it I have to attach my bike to a railing? Buss/ Have you ever asked them, why don't you have a bike rack? Have you ever gone in and asked one of the owners of a business, why don't you have a bike rack? Have you? Throg/ No, I have not. I would assume that they knew that people were riding bikes there, they would install bike- Buss/ Why presume it? If you go in and you say, would it be too much trouble for you to consider putting in a bike rack for the number of people who come here to ride bicycles? And it's their option, that you've presumed they won't put one in. It's their option to say yes or no. And if you haven't even asked. I mean I don't think I've ever heard anybody to just go in and ask. And if more than one person asked, maybe they'll do it. Kubby/ Although a recent example is Kennedy Plaza, a commercial and residential facility that, I mean we have pictures of the problem there that, I guess I don't frequent that specific commercial area. I don't know if there is currently a bike rack or if there's one but it's not enough. But there are bikes tied to anything that's vertical. Because there's not enough- and that's a very new commercial residential building. Buss/ But that's back to my same point with Jim, is that maybe the owner of that building or maybe the person that built that building, I mean I'm going to tell you, you're never going to catch me on a bicycle ever. It's just not going to happen. Buss/ This chunky fat body is not going to get on a bicycle. I'm not going to do it. I have a bicycle. I mean I have a motorcycle sitting in my garage. Why don't they provide Thisrepresents only areasonably accuratetranscrlption ofthelow8 Cl~ council meeting of December 5,1995. F120595 #Sp page motorcycle parking in front of every business? Kubby/ You can park in a car spot. Buss/ But it's the same difference. I mean go in and ask. I mean, maybe the people who built the building just didn't think to put one in. Maybe we could kind of ask them. Horow/ Okay, I'd like to move this on. Anyone else care to address council on this issue? Richard Rhodes/ 2014 Rochester. I have asked business owners. I ride a bike a lot. I drive a car. I take the bus. I walk. I use every mode of transportation except for the horse that Mr. Barker mentioned. Kubby/ It's not legal in this community by the way. Rhodes/ Sorry. I have asked businesses repeatedly to put in bicycle racks, to unbury bicycle racks that they put hay bales around, that they pile Christmas trees around so you can't get to them. I've seen bikes parked helter skelter at this business. I know other people ride bicycles. I've seen their employees walk by the bicycle racks that are inaccessible and the bicycles that are parked helter skelter. And nothing has happened for two years, four years, five years, eight years. Something needs to be done to require bicycle parking in commercial areas because many times I have to go some distance. I have to pick up a number of items. I think, do I want to bike? It's a nice day. I go, no. There's no place to park. And so I drive my car instead. So it will help increase the number of bicycle trips. That's my first point. The second point is, I completely agree with the trade off in commercial areas between automobile parking and bicycle parking. As I said, I'm embarrassed to admit this to you, but I do frequently drive an automobile too and I've scarcely ever had to go farther than five or eight parking spaces from the front door of every business that I've been in. And these are some businesses that were constructed before your rather generous parking allowances that are in effect now. So it certainly Won't hurt to get some of those excess automobile parking spaces that might be for two or three days in an entire year to have one of those converted to a bicycle parking space, one or two. One thing that you did not address at your meeting last night that I would like your opinions on, is my suggestion last time 'that the minimum bicycle rack be increased from two to something reasonable like five or six. Thisrepresents only a mssonebly accuratetranscription ofthelowa City councilmeetingof DecemberS, 1995. F120595 #Sp page 12 Bicycle racks are often stuck in inconspicuous places. When you have a single post with a cross bar behind a shrub, it's going to be virtually impossible to find. If one employee rides a bicycle and locks it to a two bicycle rack, a couple doesn't have anyplace to park two bikes if they ride up, and many couples do ride together or even as friends because they're out riding and they want to stop. What happens then? And another point we're talking about the value of some of these bicycles that are parked. Many of the quote heavy duty unquote bicyclists are those folks who get out and ride 50, 100, 150 miles in a day on very expensive bicycles. Yeah, I wouldn't want one of those bicycles sitting outside all winter, but if you've got a beater bike or less expensive bike that you're riding around town, it's often convenient to leave those parked out when the weather is good, both at apartments and, if you can find a bicycle parking place, at a commercial establishment. I obviously strongly support this ordinance and I hope that you adopt it. Thank you very much. Horow/ Thank you, Sandy. Anyone else care to address council? Thornberry/ Madam Mayor, there were some questions brought up last night that I don't know if the answers were gotten by staff and Naomi asked one last night regarding the parking of bicycles under an underground parking facility or in a basement. If an apartment unit had a basement and they allowed and had a rack in a basement, would they necessarily need an outside bicycle rack? Nov/ The staff said any off street parking that's acceptable. Thornberry/ So indoor or inside would be adequate. Now what if these people put their bicycles in their apartments or, I mean they would have to have some larger space to allow them to lock a bike, or could it be an apartment? I don't know. Kubby/ I don't think that would be appropriate in my mind because those tenants change over time, so it's have to be some set way. They could choose whether to use that set place, any particular individual. Thornberry/ The second thing I'd like to address is the commercial, requiring commercial bicycle parking. It would behoove a business to add bicycle parking facilities if they wanted those bicyclists in their establishment. Now I've just got one little old Burger King. People ask me if I would put in a bicycle rack. I did not have one for five years. I did. I put Thlsrepresents only ereasonablyeccuratetranscription ofthelowe City council meeting of December 5, 1995. F120595 #5p page 13 one in. And it is being used. My business is increasing. I don't know if it's just bicyclists but cars too. I would not want to take a parking place away from the car parkers to put in bicycle parking. I put bicycle parking under a eave, so that number 1 the bicycles would be covered by, protected from the elements, and I had that space available. Now if I expand a little bit and bring out some seating, I will eliminate that and have to put it someplace else, but I will keep it because bicyclists do use it. But I didn't have to have it, and it wasn't required when I built my building. And I don't think it should necessarily be required of a business to have bicycle parking. It would behoove the business if they wanted that business from those people given that they were in an area that bicyclists could get to, to put it in. If they didn't want it and they had to have it, they could cover it up with Christmas trees. They could cover it up with stuff. They could put it in an area that would be inaccessible to the bicyclists if they so desired and it would still meet the letter of the law. But what we're trying to do is provide the easement of people to ride their bikes and park and be able to lock them while they shop in that facility. But I think it should be up to the individual business whether, you know, to require them to have one is different. Thank you. Horow/ Thank you. Anyone else care to address council? David Fitzgerald/ I've been a resident and homeowner of Iowa City for 18 years. Raised a couple of sons here. One's a university student. One's a City High student. We've all been bike riders for I guess all of those, well I guess as long as the kids were old enough, most of those years of 18. I work downtown. I commute most of the time to work. And I hope that more people do that. My son lives in an apartment. He commutes to school, seldom requests borrowing a car because he's able to do it but he has to store his bike inside his apartment. But I'm glad he's not bugging me about a car all the time and I'm pleased that he's making that work. I think that the- I looked at the Iowa City Council to not only set the rules and regulations but to set the tone for the community and it seems to me that, I don't think anybody tonight any way has spoken about the high cost of this ordinance and I think it certainly does set a tone for a community that is very bicycle friendly, and I'm a citizen that very much hopes that you'll support that ordinance. Horow/ Okay. Anyone else care to address council? Thlsrepmsents only areasonablyaccurate transcription ofthe Iowa City council meeting of DecemberS, 1995. F120595 #5p page 14 Gloria Marchman/ I'm (can't hear) person of Bicyclists of Iowa City. I also commute to work. I also have five children and four of them have attended the university here. And one of the things that comes up frequently from their fellow students and they talk to me about, is even when there is parking available at some of the apartments, the parking is usually for bicycles is put in such an area that they don't feel safe leaving their bicycles there because they are sort of pushed off to the side. So I think it would be good to have an ordinance. I think the research has been done and shows that we need this and to be progressive along with other university towns, I hope that the council supports this. Horow/ Thank you. Ed Barker/ Time for a second round? Horow/ All right. Keeping it at five minutes this time Ed. Barker/ I was listening 'to the discussion. Obviously I want to explain that I do have biases, but listening to the discussion, I think almost every argument was made to have this through an educational program. Most of the problems that were pointed out apparently exist in the downtown area and our survey verifies that from our apartments. That do you think that there's adequate parking at the apartment complex, 53.8 said yes and the downtown 37.1 said yes. The university 44.6 said yes. The other thing that was striking was that if you felt that the streets were less prone to having bicycle accidents, would you get a bicycle? These are the ones who said they didn't have a bicycle. 40.7 said yes. So these are the areas it seems to me that we should be working on in solving these problems rather than having new construction meet certain requirements when really the need may be elsewhere. The comment was saying that it would be all right if the apartment complex new one, if I understood it correctly,.if they had locked parking would be adequate, if they had the number required. That certainly does eliminate some of the concerns that some people expressed when they go visit someone in an apartment complex there's no place to park their bicycle. It seems to me that the educational program is far and above the approach to the ordinance. Lehman/ Ed, just what do you mean by an educational program? All the education in the world's not going to provide a place to park a bike. Thisrepresents only a reasonably accurate transcription ofthelowa City councilmeeting of December 5,1995. F120595 #5p page 15 Barker/ What I mean is, one of the things that we were talking about was making Iowa City bicycle friendly, of using an educational program of explaining that to our, information may be a better word than education in some of these, of asking them what their needs are in bicycle parking, educating us to our needs. Educating bicyclists on the roads. I think that's a real concern if we have a significant increase in bicycles on the streets. Educating business owners that the need is there based on surveys that we take and so forth. For example One said when you go to a place you can't find parking. One of our (can't hear) says it's too visible on the street. It should be back somewhere. So you can get statistics for almost any point you want to prove. And so'the educational program would be several pronged. The city would have to do some of it. We'd have to do some of it. The bicyclists would have to do some of it and so forth. Lehman/ I noticed even in your units 46% of your tenants feel you don't have enough parking% Barker/ Well keep in mind that when we checked to see what the use was at night, there was 24% in use. So part of this probably reflects well it's not right next to the door or so forth that they have to walk farther than they would like. And we had a 23% return. That means that 77% did not return it. Horow/ Thank you. Did anyone else care to address council on this issue? Greg Kovaciny/ Bicycle Advocacy Director, Bicyclists of Iowa city; and member of JCCOG Regional Trails and Bicycling Committee; member JCCOG Transportation Technical Advisory Committee; primary author, JCCOG RTCB Urbanized Area Bicycle Plan, December, 1994. I spoke here at the last session so I'll try and keep my comments as brief as possible. I was going to say a few things that really have been said already tonight about the advantages to this ordinance. I'll make a few comments on earlier comments that have been made by various respondents here. So this is a bit of a hodge-podge. Older residents, I know people from the ages between 7 and 84 who bicycle and bicycle regularly. It was said that there was no significant if any need that has been demonstrated for bicycle parking. I think if you look out in the summer time, you will see more bikes than you see parking spaces. And while it's certainly true with the increase we've had in the bicycle parking facilities in the downtown area which is part of an ongoing program that we have to replace the older bicycle parking with Thlsrepresentsonlyareasoneblyaccuratetranscription ofthelowa Ciw council meeting of December5,1995. F120595 #5p page 16 more secure parking and with more physical spaces, I think you'll find the same thing in outlying areas by the commercial areas and at some of the apartment areas. The need that the need, if I've phrased this right, the need for bicycle parking should be the responsibility of the owner. Again if we flip flop that, then we need to have automobile owners be responsible for their own parking places, looking for parking places and not provide them. A few years ago and I don't know the year, I'm sorry, the cost of a ramp space as I understood it was' about $10,000 per car and a bicycle parking space currently for class two which is the secure class which is requested in the ordinance, is between $35 and $90 per unit. And the average price of a bicycle is I think between $275 and $350, again with bicycles anywhere from $25 on up to $2000. I'd sure like one of those $2000. I don't have one. As far as- okay and as far as the educational issue, I agree that a part of this ordinance and any effort to increase bicycling has an educational component as we mentioned in the bicycle plan. A good comprehensive bicycle parking, excuse me bicycle program has four elements: education, enforcement, enhancement, and education. And those are not necessarily in a priority order. They're all components that are needed and are helpful in all aspects of increasing bicycle use and bicycle facilities. There's the engineering which is the facilities. The enforcement which is consistent enforcement of bicycle regulations if people aren't riding at night, if they're riding at night and the need a light and don't have one, give them a ticket, or come up with a program that will allow them to buy a light in lieu of a ticket. There's various things, I'm getting off the track, but a comprehensive bicycle parking program and a bicycle program has all these elements and actually regarding the educational effort, as I look at this ordinance regarding some of the needs of bicyclists, I think this bike parking ordinance is the best educational effort I've seen in this area. In section B it tells a lot about what bicyclists need, what bicyclists are looking here. Parking areas shall have a minimum dimension as illustrated in the area. Section N. Required bicycle parking racks shall be designed to support the bicycle by its frame and allow the use of either cable lock or u-shaped lock. 65% of bicyclists now use the u-shape lock. With the current, what I call the school yard racks which are generally now the standard rack, they are a class C rack which means they are not secure. It is very difficult if not impossible to lock your bike with those kinds of racks unless you turn your bike to the side and take up ten more spaces or you park on either end. Bicycle Parking Facility section B.e. Bicycle parking facilities shall be Thisrepresents ~n~yareas~nab~yaccur~tetranscript~~n~fthe~~waCityc~unc~~meeting~fDecember5~1995~ F120595 #Sp page 17 located in a clearly designated safe and convenient location. Bicycle parking is allowed in front, side yards and all zones providing bicycle parking in required yard results in no more than 25% of the yard being paved. Bicyclists will not use the best racks if they are hidden behind bushes or hidden in areas that make the bike vulnerable. I did a survey with an associate of mine about a year and a half ago. We counted and looked for every single bicycle parking space on the University of Iowa campus and we found some surprises. We found quite a lot of racks that were in areas that I wouldn't park my bike let alone walk through. They just would not be used and they weren't being used. I could tell coming up on them this place probably is not going to allow bikes and it didn't because it was not a place that was safe. Horow/ You five minutes. Kovaciny/ Right. Thank you. I just would like to emphasize that I request your support of this ordinance and thank you for you time. Horow/ Anyone else care to address council? Shelley Plattner/ I am number 13, I don't know if that is good or bad. I live on Yewell Street. I frequent the Sycamore Mall and when the McDonalds went in it was at a time when there were t.v. ads showing bicyclists going to McDonalds. There is no bicycle parking available at McDonalds at the Seats Mall. I have asked the people across the street at Hardees if they would get rid of their fender bender racks and put in some better racks° They invariably look at me like I am insane. If my mother lived here in Iowa City in the elderly housing, I would go visit her on my bicycle. It would be nice if I had a place to park it. Also my wife and my two kids, there is four people for perhaps one visit. I was pleased to learn that there is a bicycle proposal before the council. I would encourage you to go ahead and pass that ordinance. Horow/ Thank you very much. Anyone else care to address council on this issue? Kubby/ Before we close the p.h. don't we need to decide on the language? Pigott/ We should talk about it. Horow/ Seems to me that would come under the consider the Thisrepresents only area$onebly accurate transcription of theIowa Citycouncil meeting of December 5, 1995. F120595 #Sp page 18 ordinance. Baker/ Before you close the hearing though. Franklin/ Before you close the p.h. you should decide on what language you are going to have specifically in the ordinance and I think we have come up with a clause. On the end of up to a maximum of two spaces which may be used instead for bicycle parking. Baker/ So as long as it is now clear that can eliminate the parking and still put the bicycle parking somewhere else. Franklin/ Right. Baker/ It is a tradeoff of the space. Horow/ Up to a maximum of two spaces which can be used- Pigott/ For bicycle parking. Franklin/ Up to a maximum of two spaces which may be used instead for bicycle parking. Burnside/ May I ask for clarification. Do you mean may be used or shall be used? Franklin/ I think you want it to be may, yes. Now you need to decide if you want this provision to be for con.~ercial or multi-family or both. Baker/ Well, I asked the question about the distinction because Jim or somebody help me here,Karin. Why would the tradeoff be the same in commercial and residential? Wouldn't there be a different formula? I don't know what it would be but it just seems- Franklin/ No, I don't think so. The tradeoff is related to how many spaces you can provide for bicycles in a typical parking space ~nd that is the same..The standards for size and construction for parking space for cars and for parking spaces for bicycles are going to be the same rather it is cgmmercial or residential in terms of the actual space. The numbers required will be determined by the use whether it is the numbers required for automobile usage or the numbers required for bicycle usage. Those are directly related to the type of use. As I pointed out earlier for elderly housing, there are fewer Thisrepresents only areasonablyaccuratetrans=iptionofthelowaCtty councllmeetingofDecemberS01995. F120595 #5p page 19 bicycle spaces required. There are also fewer parking, automobile parking spaces required because of the nature of the use. Baker/ But there are some uses that require more car parking spaces than other uses, right? Franklin/ That is correct. Baker/ So why would the tradeoff be the same for them, I mean the maximum tradeoff as opposed to- Franklin/ To make it simple. Nov/ I think it makes it quite easy to understand and they may or may not choose to give up a car parking space. They may choose to put all of their spaces on a different spot or some of the spaces on a different spot. I think it all can be optional for the most benefit. I am really pushing hard for may instead of shall. Throg/ I agree. And it seems to me that tradeoff, like you just suggested, amending that optional tradeoff to well as multi family facilities. if we pursue the optional then there is no problem commercial facilities as Nov/ I prefer commercial only because there are many multi-family facilities with- No matter how many parking spaces we require, there are still overflowing in the street. Throg/ But it is optional. I mean that is my point. If we required it I would probably agree with you. But if it is optional then the owner of the property would take that into account and make a reasonable judgement about what should be done. Nov/ No. I still don't really accept that. I think reducing for any reason the amount of off street parking required in a multi- residential area is the wrong way to go. Lehman/ I would agree with Naomi. I think that so many times we have two bedroom apartments with four folks in it and they may all have a bicycle. They also have a car. And allowing that owner to (can't hear) the required parking in lieu of bicycle parking I think really is just plain making a mistake. Pigott/ Karin mentioned last night that we did increase our requirements for, at least in some residential areas, for This represents only a reasonably accurate transcription of the iowa City council meeting of December 5, 1995. F120595 #5p page 20 multi-unit parking and- Franklin/ Well, you changed the requirement for parking for apartments to relate it to the number of bedrooms as opposed to the number of units because we were getting some that were five bedroom units and we only required two parking spaces. Pigott/ Which in fact increased, at least in some cases, the amount of parking required in an area. Franklin/ Absolutely. Pigott/ That is right. So what I am saying is perhaps maybe that tradeoff given the fact ~hat we have done that isn't nearly as onerous as you indicate, Naomi, I just wonder if your- Nov/ I am sorry. If you lived in a one bedroom apartment and you and your wife each have a car, wouldn't one of you be on the street? Baker/ Regardless of how you predict behavior like that, it seems entirely fair system to offer apartment, multi-family, apartment owners the option. To require X number of car parking spaces and X number of bicycle parking spaces. Off them the option and using the formula of two of the required car parking spaces for bicycle parking. (Can't hear). Nov/ I am with Ernie on this one. I think people are bringing both cars and bikes. Throg/ And we are talking about new. Nov/ I know. Pigott/ Ne~ units wouldn't necessarily be in the high density neighborhoods. It might be but they might not be in the current-less likely they be on the current north of town, for instance, where there is a real legitimate flow onto the street. Nov/ What about the Near South Side? Kubby/ (Can't hear). Nov/ But there are going to be fewer required on site parking spaces and the requirement for bicycle parking. I am not sure I want to make this- This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5. 1995. F120595 #5p page 21 Kubby/ The other thing I think we have to remember, too, is the struggle when you are trying to do multi-family recycling that we talked about. The possibility of eliminating a parking space for recycling bins. That in combination with this maybe the things that create the biggest problems. So I am intending to say yes for the- No for the residential with the intent of allowing some tradeoffs for the recycling bins. Horow/ I agree with Karen on this but I was also thinking back to our Sensitive Areas Ordinance in which I think we should look at the cost of the facility over a year and I am wondering with this one whether or not this is also something that needs evaluation. I see the reason for it in the residential area but having sat on this council and listening to the apartment- the neighborhoods of apartments complain about the over abundance of car~. The thought of reducing a parking requirement in the residential area, it seems to me that within a year or less than a year we would have a heck of an awful lot of people in here complaining. Kubby/ And maybe also not only with the recycling and the bicycle addition to our vehicle parking part of the ordinance, thinking about wanting to have multiple types of housing within one neighborhood and trying to reduce (can't hear) among different uses or among different types of housing while we are trying to have multi--family, duplex, s.f. all together. Do we reduce or do we maintain or do we increase conflict by adding the may for residential? I am talking myself into saying no to residential. Pigott/ But in terms of commercial I don't hear any disagreement about that. Nov/ No, there is no disagreement. Horow/ And it is optional. Throg/ When you are saying I am talking myself into saying no to residential, no with regard to the tradeoff of car parking space for bike parking space. You don't mean no to requiring bike parking? Kubby/ Not at all. Horow/ Okay, so that means it is optional for commercial but required for residential. Thlsrepresentsonlyareasonablyaccuratetranscrlptlon ofthelowaCltycouncilmeetingofDecemberS, 1995. F120595 #5p page 22 Pigott/ No. You have the option of tradeoff. Franklin/ What you have is for every seven bicycle parking spaces required for commercial uses, the required number of off street parking spaces for other vehicles may be reduced by one space up to a maximum of two spaces which may be used instead for bicycle parking. Kubby/ We should use the word if. If those spaces are used for bicycle parking. Pigott / Yes. Kubby/ And that would get- CHANGE TAPE TO REEL 95-143 SIDE 2 Baker/ Commercial only. Franklin/ Yes. Horow/ Yes. Baker/ What about limiting the residential to a maximum of just one space. I have serious problems with this and support this ordinance and concept and I just have a hard time supporting without that. So the tradeoff even in residential. I don't think it is going to stop the ordinance (can't hear). Kubby/ I think it is making it too complicated, different rules. Pigott/ I would probably (can't hear). Baker/ (Can't hear). Thornberry/ I want this ordinance but I would like it to be friendly both ways and to do that, to give the option of taking a parking place or two in a parking lot for bicycle racks as opposed to making someone put in a bicycle rack in a new retail facility. For example, you get a-what proctologist is going to want to put in four bicycle racks. You know. They probably won't be riding their bike to that office. What about- Horow/ Wait a minute. Thornberry/ What about car dealerships? Are they going to need- You know, make it an option. But give that option to take some Thisrepresents only areasonably accurate transcription ofthelowa City council meeting of December 5,1995. F120595 #5p page 23 parking places if they so desire. Council/ (All talking). Baker/ We agree on the commercial, we disagree on the residential but I can probably disagree- Horow/ As I read this we are-the ordinance is amending the Zoning Chapter to allow bicycle parking for commercial developments to be traded off for bicycles for up to two spaces. Kubby/ If they are to be used for bicycle parking. Baker/ Clarification on this thing about the bicycle lockers and secure indoor storage facilities are also allowed. Are the space requirements the same for indoor storage facilities? Franklin/ Yes. Baker/ And the rack requirements are still the same? Franklin/ Yes. Baker/ Yes. Throg/ I need to ask a question just to clarify because I think I misunderstood what you just said. The way I understand the ordinance as we are proposing to act on it is to require bike parking in commercial and multi-family residential areas, new ones. But to permit a tradeoff of car parking spaces for bike parking spaces in commercial areas. That is the way I understood it. Horow/ It is not what I said and I what I was trying to do was position q. for how q. was going to read, consider the ordinance. Franklin/ Well, the debate that you have been having tonight about commercial versus residential, may versus shall, the debate the council has been having only pertains to that tradeoff. The ordinance as a whole applies to both commercial and multi- family residential. Horow/ Okay, so, in other words q. stays as it is. Franklin/ Yes. Thisrepresents onlyamasonably accurate ~anscrlptlon ofthelowe City council meeting of December5,1995. F120595 #5p page 24 Baker/ Is there interest from the council in raising the minimum requirement from two to four? Pigott/ Yes. Nov/ I kind of like the idea that the whole family came on bicycles to visit their grandmother. Baker/ Page 3, 7a. Horow/ 7a. Kubby/ If it is possible that there be a commercial entity that would set 10% of their parking for bicycles would only be 2. Baker/ A minimum of 4, not to'exceed 10%. Something like that. Franklin/ Maybe you could say a minimum in this part. You only need to state the minimum in this part. The maximum or the requirement is in another section. Is that being changed to four? Baker/ I would suggest that. Council/ (All talking). Kubby/ Yeah. Franklin/ And that would be for all uses. Where bicycle parking is required a minimum would be four instead of two. Nov/ I don't think that is unreasonable. Pigott/ I would agree with that. Franklin/ Okay, there are four that says four. Horow/ All right. Declare the p.h. closed. Thlsrepresentsonlyareasonablyaccuratetranscrlptlon ofthelowaCIw councilme~IngofDecember5,1995. F120595 #5q page 1 ITF~ NO. ~q. Consider an ordinance amending the Zoning Chapter to require bicycle parking for commercial and multi-family residential developments. (First Consideration) Horow/ Moved by Kubby, seconded by Throg. Discussion. Throg/ And by that you meant what we just discussed (can't hear). Kubby/ Yes I doo Nov/ The entire ordinance requiring parking for bicycles. Baker/ With all the amendments that we have talked about. Horow/ That is correct. Baker/ I want to make it clear I am going to vote against this ordinance not because I think that, you know-I very much support the overall concept, everything it is trying to do. But I think it is a mistake not to permit that tradeoff in residential. Horow/ Roll call- I am sorry. Any other further? Pigott/ I think I support the residential as well precisely because I think it is important for the passage of this ordinance in its present form. We are going to face this a second time next council meeting and that will be the last meeting of this council and I have a feeling that it is possible that the future council may vote in a different way on this ordinance. Possible, maybe not. I would be careful to listen to Larry about this because of the threat that is poses to the passage of the ordinance as a whole. Baker/ I am not predicating, predicting any- Pigott/ No, I know that. But I should reconsider that if the ordinance as a whole. am and I am saying that maybe we we are really interest in passing Kubby/ (Can't hear). Pigott/ I think we need six votes to do so. Horow/ My concern really does fall with what we are also trying to accomplish in the other areas (can't hear). And that given- This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #5q page 2 Pigott/ I don't disagree with that. Baker/ I think we can still accommodate those concerns. Horow/ Okay, any further-Ernie. Lehman/ I am going to support this as much as I can't believe I am saying this because I basically don't like any more regulations than you have to have. But by their own admittance, this is a very very very minor impact on new construction that applies only to new construction. I think the benefit far outweighs any of the costs. Nov/ And I think your comment on the sensitive areas that 90% are already doing it and the other 10% needed some (can't hear). Throg/ Well, I just like to say that my impression of bicycles are a very good mode of transportation and we should provide the kind of stability that are needed for using them properly. Just as we need to do that for motor vehicles. So it strikes me as a wise ordinance. Kubby/ Because this community has accepted the fact that we regulate motorized vehicles as a status quo procedure in our Zoning Ordinance and that if we say that that is okay and we are trying to facilitate more people viewing in a practical sense being able to use a bicycle as a legitimate and consistent form of transportation, we need to treat different vehicles more equally than we have been in the past. And being a bicycle friendly community doesn't mean we just do a bicycle parking ordinance° It means we do a whole bunch of things with this being one small thing that we could do. Some of it is when you have facilities it helps create an attitude in the community that facilitates behaviors and (can't hear) for people. So I think this is a really important way of doing that. I agree with Ed that I am for grandparenting in current development and I would like to see that educational campaign done for current multi-family and commercial. And I must say I really like his style in terms of your surveys, asking people to send this in with their rent check so it doesn't have to be an extra stamp. You have made it interesting. you have said to your tenants this is important to them. If I ever run again I might turn your way because I would appreciate a landlord such as yourself. Throg/ I was just remembering a phone message I received from a former neighbor Arla Huff and I want to tell Arla if she is Thisrepresents only areasonablyaccuratetranscription ofthelowa City council meeting of December5,1995. F120595 #Sq page 3 watching this I got your message Arla and what she did was express concern that we do what we can to make sure that bicyclists follow the rules of the road and treat pedestrians with respect as they should. I totally agree with her. I know we talked about that before on council. Obviously we all agree with that.and this ordinance will facilitate use of bikes but we all agree- Horow/ We need some enforcement. I appreciate you bringing that up. I also had a phone call fromKen Kline who went on the Ragbrai 150 and he too was supporting. Nov/ We need to not only educate bicyclists who obey the rules and watch'the pedestrians. I think we also have to educate them to use helmets and especially for children. And if the bicyclists are going to go into an educational campaign I would rather they concentrate on. children safety than landlords and bike racks. Kubby/ We can have everyone respecting all modes of transportation. In many places there are multi-modes being used in any one space or time. We ought to respect each other. Motorists also need to respect the other motorists as well. Horow/ Let's move on this. Roll call-(6/1). The first consideration passes with Baker voting no. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #5r page 1 ITF2~ NO. 5r. Consider a letter to the Johnson County Board of Supervisors recommending approval of a requested rezoning of approximately 66 acres from RS, Suburban Residential, to M1, Light Industrial, for property located in Fringe Area 5 on the east side of Scott Boulevard, North of 420th St. SE. (CZ9543) Horow/ Last'night at council's urging the letter that will be going to the board of supervisors will be a little bit more specific in terms of the type of-the use of this particular area. Nov/ You have redone this letter to the supervisors. Horow/ Moved by Nov, seconded by Throg. Any discussion? Baker/ Sue, I am wondering if there is a sense by anybody else on council that there is a potential contradiction here between what we are supporting here which I understand we set this in option and encouraged this and the plans that we have talked about for the industrial development around the airport whether or not- Horow/ We discussed that evening and the aspect of this is that the desire to support any residential development here. What this turns out to be because Bruno raised the issue and Karen, you wish to address that aspect of around the airport. I would appreciate that. Franklin/ The type of development that was being considered in the Airport Master Plan process around the airport is a research development park type of development rather than industrial and it is a different kind of zoning that is more to the type of things you would find in a office research park and proto- type development rather than industrial development per se. Not that industrial development wasn't talked about. The larger area around the airport was looking more at the research development type of thing. Baker/ I remember part of that conversation talking the things the airport had was proximity to transportation and rail especially. about one of all sorts of Franklin/ The airport does not-have prime access to rail. Not-its the Crandic line not the Iowa Interstate line and that is- This one has excellent access to rail. I don't see the two actions being inconsistent at all. Thisrepresents only areasonablyaccurate transcription ofthelowa Cltycouncilmeettng of December 5,1995. F120595 #5r page 2 Baker/ There is not implicit commitment for infrastructure right now? Horow/ There is- Kubby/ There is in terms of sewer. Atkins/ In your sewer proposal tonight added in three projects that were of high priority in your CIP. The East Side Trunk, Abbey Lane and then the north corridor for the water treatment plants. But there are-That doesn't mean that you have to do those projects. The financing is being put in place if you choose to proceed with that. So there is a commitment. Baker/ (Can't hear). Horow/ Okay, any further discussion? Roll call- It's a motion. I am sorry. All those in favor.sign'ify by saying aye (ayes). Kubby/ My aye vote does not necessarily mean a time frame for those capital improvements. It doesn't mean I am committing myself to those items or a time frame. Horow/ Okay. Thlsrepresents only areasonably accuratetranscription ofthelowa City council meeting of DecemberS, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 1 3 ITEM NO. 6- PUBLIC HEARING ON THE CITY'S COMPREHENSIVE HOUSING AFFORDAB!- LITY STRATEGY (CHAS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1995. Comment: Iowa City is required to prepare a CHAS Annual Performance Report for fiscal year 1995 in order to assess the city's 'performance in relation to the objectives set forth in the 1994-1998 CHAS Plan approved in November 1993. Public input is required and any comments received will be addressed to the U.S. Department of Housing and Urban Development, Action: ~/~ ITEM NO, 7- PUBLIC HEARING ON AMENDMENTS TO THE ~RIORITIES STRATEGIES AND GOALS OF THE CONSOLIDATED PLAN {CITY STEPS) FOR FY1995-FY2000. Comment: This public hearing is on proposed amendments to Iowa Cit¥'s Five Year Consolidated Plan (CITY STEPS) for Housing, Jobs and Services for low income residents, The amendments were proposed at the Housing and Communitv Development Commission meeting on November 9, the November 15 public meeting, and at discussions with Council on November 20, 1995. The amended priorities, strategies and goals will be used to determine the allocation of FY97 federal funds for the City's Annual Action Plan which implements CITY STEPS. Action: #6 page 1 ITEM NO. 6 - PUBLIC HEARING ON THE CITY'S COMPREHENSIVE HOUSING 1%FFORDi%BILITY STBATEG¥ (CHAS) ~%NNUAL' PERFORMANCE REPORT FOR FISCAL YEAR 1995. Horow/ Declare the p.h. open. I would ask you to keep your comments to five minutes and state your name and sign in. Marianne Milkman/ I would just like to make a couple of comments to explain what this is all about and particularly in relation to the p.h. that is to follow on City STEPS. We are always a year behind because we always plan a year ahead how we are going to spend the money. So that is why this report is still labeled as a report on the- CHAS, the Comprehensive Housing Affordability Strategy and it deal only with housing activities and I just want to point out with all the discussion that is being on the need and the difficulty of increasing the affordable rental housing stock in Iowa City. I do want to point out that, as this report shows, that you are in F¥95 which ended June 30 of this year. We actually received federal and state funds in the amount of $12.3 million in this city and that is not just funds that the city receives for assisting with housing. We are talking only about assisting low income persons with housing. But it includes other sources of funds, that various of the human services · agencies receive and that, in addition to those funds, about $2 1/2 million local and private funds also went to support housing activities for low income residents. Secondly I would like to point out that when you add together all the households of where assisted with these funds, you come up to 2160 households. So although the need is still great out there, there is a lot being done right now. Throg/ Thank you, Marianne. Horow/ Thank you, Marianne. Anyone else care to address council? Declare the p.h. closed. This mpressnts only a masonably accuratetmns=lptlon ofthelowa Citycouncil meeting of Decembcr5,1995. F120595 #7 page 1 ITEM NO. ? - PUBLIC HEARING ON AMENDMENTS TO THE PRIORITIEB STRATEGIES ANDGOALS OF THE CONSOLIDATED PLAN (CITY STEPS) FOR FY1995~FY2000. Horow/ Declare p.h. open. Declare the p.h. closed. Nov/ Take a break before we start the water discussion. Horow/ All right. Thlsre~esentsonlyareasonably accuratetranscription ofthelowaCt~ councllmeetingofDecemberS, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 14 ITEM NO. 8 - PUBLIC HEARING ON THE PROPOSED RATE INCREASE FOR WATER AND WASTEWATER FEES. Comment: This public hearing is being held to receive public comment concerning the proposed water and wastewater fee rate increase. Water fees are proposed to increase by 30% for billings on or after March 1, 1996. Wastewater fees are proposed to increase by 15% (amended from 18%) for billings on or after March 1, 1996. Water and wastewater rates were last increased for billings on or after March 1, 1995. Water fees were increased 24% for minimum usage of up to 200 cubic feet and 40% for usage beyond 200 cubic feet. Wastewater fees increased by a flat 35% for all rate blocks. The City Council directed staff to increase rates for both water and wastewater over time to accumulate cash totalling 20% of the estimated project costs and use that to decrease the size of bond issue, thus saving interest costs on the bonds. ITEM NO. 9 - Based on fee increases of 30% for water and 15% for wastewater, the impact to the average residential user (usage of 700 cubic feet per month) is an increase from $33.88 per month to 841.77 per month. Action: ~---~.~ / .... /4 , WATER REVENUE BONDS OF IOWA CITY, IOWA. ,~,~..-" Comment: This public hearing is being held to receive public comment for or against the issuance of up to $6,200,000 Water Revenue Bonds in order to provide funds to pay costs of improvements and extensions to the Municipal Water Utility. The $6,200,000 project cost includes the construction of four Silurian and two Jordan Wells, ground storage reservoir renovations, Iowa River Power Dam renovations, gas pipeline relocation, pond stabilization work, engineering costs for design and bid specifications, and one year debt service reserve and bond issuance costs. Actual sale of the bonds is tentatively scheduled for February or March, 1996. Action: . _,~_C2 ~/,~'~-~ o #8 page ITEI~NOo PUBLIC HEARING ON THE PROPOSED BATE INCREASE FOR WATER ANDWASTEWATER FE~S. Horow/ Declare the p.h. open. I would ask you to keep your comments to no more than five minutes. Please state your name and if you have something more to say, wait until someone else says it and then you may come back to the mic, Mr. Barker. Ed Barker/ I think I have seven minutes and then I will sit down and get up and say thank you at the end. What I have to say tonight is as much (can't hear) for the new council members as is it for you folks. What I want to do is just to take a little while to review the materials that I sent you a few days ago and talk about what I believe is doable, both from a rate structure and a construction point of view. My desires is to be helpful so that we can get on with the task at hand in a way that can be supported by a vast majority of the citizens. This is what we have been attempting to do the last 13 months and I believe that you can make a later break through and get on with the task at hand which is to provide ample high quality drinking water and responsible waste water treatment system that is affordable. We often talk about affordable housing in Iowa City. We should also include affordable water with that. I think it would have been nice if there had been a consensus between and I suspect it is not legally possible between you folks and the new council whereby you could have voted once and they could vote twice on the same issue as long as it was reasonable which would then could be billed as having broad support of the people of the community. But that, as I understand it, is not to be so that is why I want to have this hearing be directed to the new council members as much as you folks. In going through the transcription of the work sessions and council meetings since May 22, 1995 it appears to me that the council was directing the staff to develop a rate structure based on a down payment concept and to develop a construction schedule that will allow for a significant accumulation of cash prior to major construction projects being undertaken. Staff have done the down payment thing. However the current tentative construction time table does not permit reasonable rate increases in the early years. Particularly in the fresh water rates. It seems to me then now the council needs to direct the staff to develop the construction time table that will permit all the work to be done in a realistic time frame with the rate increase to not exceed 15% per year in total. Water and waste water increases need to be different. They should be developed so that the rate variances are revenue neutral. The current Thisrepresentsonlyareasonablyaccuratetranscrlptionofthelowa CitycounctlmeetlngofDecemberS, 1995. F120595 #8 page 2 bond authorization proposal seems to me to go against and there may be justifications-for I may not know what the council is attempting to do. I come to that conclusion by reading very carefully through the transcripts of these meetings. However the bond authorizations are reasonable if the construction schedule for both projects is developed so that rates do not 'exceed 15% limit that I encourage you to adopt. Now I am aware that you have received favorable bids on the plant, the construction from the north plant I think to Napoleon Park if I am not mistaken. That you are going to be paying $5.4 million less than the engineer's estimates from $18- a little over million to $12.7 million. So that is very very favorable. Also your interest on bonds will, without a doubt, come in considerably less than 7% which is built into the rate structure. Currently water revenue bonds are selling for 5.34%. The school district just recently sold General Obligation bonds for 4.28%. So if the bonds come in at 5.5% that would be a savings of approximately $500,000 in the first year oh $34.2 million bonds. I am also aware that the wording on the bonding thing is up to $34 million when you combine the two together. It doesn't'necessarily mean that you will borrow that right away. If you did and those interest rates came in, it would be less than 7, it would be significant. Perhaps you can use a combination of water revenue bonds and general obligation bonds to reduce interest cost even further. The DNR recently gave us approval to 26 month extension on when we are to come into compliance with our waste water system from the original schedule which was agreed to by the city and the DNR and the city manager believes that according to the news reports and the transcript of the meetings that we should request a further extension and you should support him in every way you can in making such a request. The impact of the rate increases for a two bedroom apartment outlined by the Director.of Finance under the current proposal that you are considering would be approximately $4.86 per month each year for several years. Add to that the damaging impact to those who live in apartments in the property change rollback plus the ordinary increase in salaries, maintenance and so fourth. That approximately $20 per month will be added to the cost of operating apartments in Iowa City for the 1996 rental year. That is just a fact of this scenario. Roughly half of the $20 will be due to increased in cost due to governmental projects and property taxes. Therefore when the vote takes place in January, I urge you to adopt rate increases of no more than 15% annually on combined water and waste water costs. Also please direct that all savings due to bids coming in that are under estimates and savings due to interest rates coming in Thlsrepresentsonly areasonablyaccuratetranscriptlonofthelowaCItycouncilmeeting of Dacember5,1995. F120595 #8 page 3 under 7% be used for rate reductions rather than to pay for add ons to either or both of the plants. Your challenge is to make a decision that is in the best interest in every way of the citizens of Iowa City. You have various routes to choose. Do not make your decision based on whose recommendation it is whether it is the media, individuals, city administrators or whoever. Rather you make your decision on what is in the best interest of the citizens of Iowa City. Horow/ Anyone else care to address council on this issue? Anna Buss/ I would love to. Well once again, I am here about the water issue. Just from your information that you have on your sheet here that says that the water and the waste water rates were last increased for the billing period after March 1 of '95 ~nd they were based on the 200 cubic feet price of 40% and 24% and then overall blocks of 35% and then further down you indicate that this is on the average residential user of 700 cubic feet per month. My first question is who are those people? I-don't think I have ever seen a water bill that comes through our office for even a single person in a house for 700 cubic feet. Kubby/ My is like 150. Buss/ Well, you are just an exceptional individual because you have all those water saving devices that- Kubby/ But I got to get this hair wet. That makes up- Buss/ And that is true but I am going to tell you that my neighbor who is an older lady and lives alone doesn't even have a water bill this low and she is one person in a household and I have two kids who are teenagers. One is a teenager, the other one is older. But this is not a realistic figure and quite frankly I am appalled at the general public apathy. I don't know why this chamber'is not packed. So for the general public I kind of say boo-hoo to you people who complain because you are not here and this affects every individual in Iowa City and it affects people in their billfolds. Whether you are a business individual or just a resident you always speak-The city council has repeatedly has spoken to the cost of affordable housing and this is not a way to keep affordable within the range of what people can afford. On buildings, there are numerous buildings in this town that have one meter and that one meter services the whole building. There is no way to divide that up. So we are forced, by virtue of the fact that This represents only a reasonably accurate transcription of the Iowe City council meeting of December 5, 1995. F120595 #8 page 4 we have to keep our expenses and income in check, we have to raise the rates on our rent. And quite frankly, as a manager, I hate to have to tell people at this point in time that their rent is going up again because of Iowa City's water and sewer rates. And I know that we need clean water and I know that issue has to be addressed but I think there can be-You know, Mr. Barker has made numerous recommendations about ways to bring that cost down. I don't think there is even a total picture or grasp of what the end cost on this whole project is going to be. It is my understanding from the newspaper that one well did not come in as positively as people wanted. That happens but aren't these things that might have been addressed before the outlay for a lot of the up front money was done. I think that we need to get a' grasp of what these costs are going to be. Maybe there are some ways that they can be brought back into line. I urge you to please consider these costs. I really hate to see our water bills continue to go up such as they have. Thank you. Kubby/ Even if we go with Ed Barker's schemes for, I don't mean that in a negative way. The timing and the amount of rate increases, it doesn't change the cost if we stay with the same plan. So what it does is just spreads it out even further. It would spread the rate increases over more years. It is not going to cost us any less to do it and that-I am not saying that means anything but somehow it makes it, what you just said, makes it sound if we took Ed's advice and said that the total increase in any one year wouldn't be more than 15%. It just means we would have to have many more years of increases to get to the same end point. Is that true, Don? Don Yucuis/ If you wanted to drag out the water projects even further I would add in more inflation costs to the project cost if you are going to go out further. In my estimation you would increase the cost over time. Atkins/ And please note when you have your discussion separate water from waste water. They are very distinctly different projects under very different rules and regulations. Horow/ What about the suggestion of accommodation of GO bonds as well as- Atkins/ We intend to offer a resolution to you at a subsequent meeting asking for authorization to do some GO. We are doing an analysis right now. We have had that in the hoper for sometime. We simply hadn't brought that legislation. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #8 page 5 Kubby/ That means two ways that we save money. We don't have to have a reserve amount, a one year reserve payment, the amount of the bond or a one year payment on the amount on the amount of bond issuance and we get a better interest rate. Atkins/ That is right. Horow/ Anyone else wishes to address council on this issue? Kubby/ I have a couple of questions. Horow/ Okay. Kubby/ In the chart that we got that is entitled Water Projects Phase In Accumulation 20% Cash of 10.79. I am looking at the year FY96 and I am comparing the estimated cash balance as of June 30 in both the presented to council in the summer and the revised November and I don't understand why the number is less in the revised November column because our FY95 number is greater than expected. So how can this number go down while we are having the same projected amount of increase in the rates? Yucuis/ Part of the answer to that, Karen, is in the left hand column numbers, the cash analysis that was presented in May, June did not incorporate the 24% increase on the minimums. It had 40% flat increase and that is going to account for between $200,000-300,000 less in revenue. And in the new figures it has that factored in. One other analysis I did before I did the November rates was to compare the March to June usage and cash coming in compared to the previous March to June because we had the rate increase in affect for those four months and it was less than projected if you just took a straight-the usage went down a little bit. So instead of a 30% increase or 32 or 33% increase in a four month period, it was actually more like 20%. So I used that as my projection in the newer figures. Kubby/ But why is the number larger in the newer figures for FY95 if those things you just said- That number should be lower. Yucuis/ Which FY957 Kubby/ The revised estimated cash balance. Yucuis/ The FY95 number. Kubby/ Yeah, it is bigger. This represents only a reasonably eccurete transcription of the Iowe City council meeting of December 5, 1995. F120595 #8 page 6 Atkins/ The 2393? Kubby/ That number is bigger than in the presented to council in June. So those projections would have may that-some of what you just said would make it go down. So I am more confused and I will talk to you about it before the next meeting unless other people want to- Horow/ Well, if Don has got the answer. Atkins/ One is estimate and one is actual. Got better information. Nov/ She still has a valid question. If actual were hire in FY95, why is actual lower at FY967 Not actual but you know- Kubby/ The estimate projected. Nov/ So that we decrease the amount of cash set aside Within a year and I am not sure how that happened. Yucuis/ There are two factors there. One, again, we are using budgeted estimated figures in the first proposals presented to council. The actual figures revenue wise, total revenue came in approximately $30,000 more than we estimated in the first proposal and the expense end we were approximately $400,000 under our estimated expenses. We had a combined increase of- Kubby/ So will you explain that $400,000 in expenses that we didn't project. What was it that cost? Atki~s/ Cost less. We did not spend $400,000. Nov/ We are losing $100,000 here within a year. At the end of FY95 you have $2,393,000. At the FY96 you have $2,272,000. I want to know why you are predicting this- Atkins/ First of all you have to understand that we are making the assumption it is absolutely flat. Expenses change. For example, just recently we authorized $120,000 to add a water line we had not anticipated down on Madison Avenue because of the University. That is a cash outlay. We make those decisions routinely. These numbers are estimated cash balances after that. I am pretty sure we can pin that number down pretty easily but there is a dynamic in there that moves that causes some of those changes. Nov/ That is the point. The estimated increases in the estimated This represents only a reasonably accurate transcription of the iowa City council meeting of December 5, 1995. F120595 #8 page 7 balances are covering more than just new construction. Atkins/ Of course. Nov/ They are covering operating expenses, increases in salary and all those kinds of things. Atkins/ When you flip over to waste water I think we can probably give you an even-Do a better example of the kind of adjustments that are made and as we refine the project the numbers get better. We are on the waste water chart. Read a first column, Goal cash balance $9.8 million. Revised goal, $7.5 million and the reason is that the bids came in lower on one project and our estimates have changed. Now, if you read over under bond issues, first column, $10.94-5.3-See those numbers? That totals $39,360. Add in the cash, you have the $49,200. With me? Kubby/ No. Pigott/ Yeah. Atkins/ Add up all the bond issues plus the cash, it comes out $49,197. Kubby/ It is just not done for us there. Atkins/ Right, no it is not. Now if you read over, we have changed the bond structure which is reflected in the proposals you have in front of you. $18.9; 8.8; 7.3. Total 35.035 plus the cash, sewer projects now are 42.6. Why? Reflective of a good bid, lower estimates, but also added back are three sewer projects that were in your cip priorities that we are building into this debt separate from what you often think of as water projects and the sewer projects. Subtracting that out our sewer estimate is now in the neighborhood of $38 million, not $49. Now that number will continue to get better assuming we get the good bids. As you design and get more specific you do better estimating. As you will see in this case these rates, also notice them in the waste water rates in the year 2000. we are proposing a reduction. Had not done that earlier. So there are- Kubby/ So it is not leeway because CIP anyway. as if we added these because we have this extra the bids came in lower. That they were on our Thisrepresents only areasonsbly accuratetranscription oftbelows Citycouncil meeting of December 5,1995. F120595 #8 page 8 Atkins/ Now if you don't want to do that north corridor trunk and you don't want to do North Abbey and you don't want to do the east side, you take them out. Horow/ But that includes Plum Street? Atkins/ Oh yes, we added in relief sewers for Plum Street, a number of other projects were added in. The bottom line remains is that as we continue to work to refine these the rates that you are going to see reflect 20% cash, only that which is necessary to operate the system and pay the debt and we will only sell debt on that which is necessary. We have made the assumption that the 20% cash accumulation if it makes sense along the way to pay cash for project as long as the total is reduced, you would want that. For example, Madison Street was a $100,000 cash project. We did not choose to sell debt. It came from a reserve. It is small enough project that it is not reflected in here. That is the kind of decisions that are made all along and your are saving. Those savings begin to accumulate. I think if you notice 2006 on the two charts instead of 3211 you are talking about rates of $27.00. Your policy of wanting 20% cash is built in. If you wish to do something leveling it out at 15-15, we can build a schedule around that. Remember, you sewer project doesn't come in nice convenient little pieces° There is an $18 million bond, a smaller bond, it just doesn't work that way. Horow/ The other thing is how long does a bond? Isn't there a length of time that you must take to pay back that bond? Arkins/ We are assuming that we would go with sewer revenue bonds for a life of about 25 years. You can go much longer than that. We are going to propose a blending with GO. The GO normally is about 20 years. I think the school issue was only an 8-10 year issue. That is why they got great interest rates. Obviously the much shorter the debt retirement, you are going to get much better interest rates. And we estimate that a revenue bond today is about 5.8 and GO is about 5.3. But remember like on the $6.2 million project we have in here, if that were a GO issue, we would be selling $5.8 because we don't have to borrow that one year's worth of interest and then you get the lower interest rate. All of those factors work their way into these numbers. Nov/ On the smaller bond issue it doesn't make sense to go with the GO? Thisrepresents only a masonably accur~etranscfiptlon ofthelowa City council meeting of DecemberS, 1995. F120595 #8 page 9 Atkins/ Well, we have talked about that. We have plenty of GO capacity in the system. We would sell the GO, pledge the full faith and credit and still retire by way of your water and sewer revenues. Kubby/ So when people look at the bond issue numbers we are looking at not only the new projects of the new facility and the connecting but other smaller ¢IP projects plus maintenance, operation and maintenance. Atkins/ Correct. Kubby/ It is a whole system, not just these new facilities. Atkins/ If you go back to water, you will note that the total bond issue if $43.4 plus $10 million in cash which is $54 million which is generally what the estimates have been for the water project if we don't have any major bidding experience in that project. When we do those numbers will get adjusted and the rates will be adjusted accordingly. Nov/ Don, I have a question on interest rates. If we have a cash set aside either for a down payment of or for debt service, does that earn interest? ¥ucuis/ I have incorporated any reserves-If we would sell bonds for a one year debt service reserve I have incorporated interest income line item for that in operations. So that has been incorporated into the entire revenue structure. Nov/ And your cash estimates are reflecting that? Yucuis/ Correct. The one year debt service reserve would be in a different account. It is not reflected in these numbers here. It is a separate account. On the 1996 revenue bonds that we sold for waste water there was approximately $5.7 million of moneys that were sold with the bonds, one to set up a one year debt service reserve and a $2 million capital improvements reserve and that has been sitting there since 1986 earning interest for the waste water operations. The interest goes into th~ operating account. Atkins/ Also our cash on waste water was improved when we did that refinancing we had $200,000 and some one time payment. That went into the reserve immediately also based upon that refinancing. Thisrepresents only areasonablyaccuratetranscrlptlon ofthelowa CitycounciL meeting of DecemberS, 1995. F120595 #8 page 10 Nov/ I am still not quite sure my question is answered. Where you have listed estimated cash balances and they are going up, are they including interest or is that in a different account? Yucuis/ They are including interest, correct. Horow/ Ernie- Lehman/ Well, I asked you last night, Steve, and I think I can ask you tonight but the water increases from '95 to year 2000 go up 328% or $32.92 a month for the average user. Sewer goes up 71% over the same period or $10.68. Water basically is three times, over three times, what the sewer goes up. Now- Atkins/ Different base. Lehman/ I realize a different base but we are paying off similar, well not similar, but the amounts of money that we are paying off are not all that dissimilar. Why does it take three times as much to pay off the water as it does the sewer. Atkins/ Lower base. You have to bump the rates up more because the sewer rates are at a higher base. Lehman/ Actual dollar. Nov/ The sewer rates started out higher. They were raised-a base was raised much higher (can't hear). Lehman/ I realize that but the increase in rates is used to pay off in plan. Is that correct? Atkins/ The increase in rates is used to pay off debt and operate the system. The rates do both operating and capital. So you have to keep that in mind. The two elements are the same. The dynamics to operating are different than capital. Capital, once you have borrowed and set the number in place, it is solid for whatever the period of time that your debt issuance is. Your operating expenses are subject to a variety of changes. Lehman/ I understand that. But I don't understand that much of. I don't need an answer tonight. Atkins/ I can't do it off the top of my head but I suspect-Stop in and we will go back and let's see how you calculated that number. You just totaled those down but I need to show you the Thisrepresents onlyareasonablyaccuratetranscrlptien oftholowaCltycouncll meetlngofDecemberS, 1995. F120595 #8 page 11 base- CHANGE TAPE TO REEL 95-144 SIDE 1 Horow/ I just had one question and that is-Oh now I have lost it. The accumulation, the percentages I think it has to do with the chart the bar graph, on Water Fund Ending Cash Balances. Atkins/ Water? Horow/ Water. In the year 2000 it is 8.3 but then it goes down to .3 in the year 01 and-then back up to 2.5. Do you anticipate this is going to stay this high? Atkins/ We think the rates in the out years are likely to be high. Remember when you went with the policy position on the cash accumulation, you pushed the rates at a higher and I would agree with you that the kind of cash balances we are showing here in this particular five year span, year 2000 to 2006, are high. Those rates I suspect are going to have to be adjusted downward by some sort of rate reduction policy. That is just more cash I believe than we need. Horow/ Okay. All right, Karen. Well, I guess Ed is wanting to say something. I will wait until he is- Ed Barker/ I want to make a few brief comments. One in answer to what I think Karen was asking with regard to flattening out of the rates. It is a lot difference than a dog. You chop the dog's tail off all at once and we want to do it section by section so we have the advantage of the use of that tail for a longer period of time. You ask any dog and they will disagree with me. Other things is on a serious note that if you can figure out a way and I think you can to level out the rates to 15% and if the water rates have to be more or less than the waste water as long as this is revenue neutral and design your construction schedule to do that and Steve has said that several times as we have read through the transcripts that if we know the plan, the financial plan, we can develop a construction plan to meet that which is the opposite of what we really have been talking about quite a bit over the last several months. So I heard him say that again this evening and so I think you are getting very very close to doing something that I think you can sell to the people of the community reasonably easily. Horow/ Ed, may .I take this opportunity though to-My concern right Thisrepresents onlyareasonably accuratetranscription ofthelowa Citycouncil meeting of DecemberS, 1995. F120595 #8 page 12 now is one of frustration that we did not take advantage of doing both the waste water facility of the waste water construction and the water construction and going out to bid right now and doing and getting as large bid and saving more money on that. That to be was pennywise and pint foolish. I regret it. Baker/ I think you worry too much about inflation. It is a risk but it is not a significant risk. Horow/ No but I am not even thinking of inflation. I am thinking of the right now where we went out to bid on the waste water treatment project and realized a savings of around $8 million. I keep thinking of how much more we would have saved had we gone out to bid in both projects. Barker/ Lighting does strike twice in the same place. Horow/ That is very frustrating to me and so can you- You know, I mean, that to me I don't buy your premise of setting up the financing and then- Barker/ I understand that and I respect your view on that. I just disagree. I think you worry too much about inflation. Kubby/ There is always tradeoffs. With Sue's desire, it basically means we can't do it with local labor or all of it with local labor because there is the labor force to do both projects all at once. The tradeoff with what you are speaking about is that we don't build a water plant for even longer than we have already postponed it. So I mean we have to think about what are the consequences of all of these tradeoffs. Having the flat rate means that we might do the sewer plant, well-we have to do the sewer plant in the time frame that the DNR will allow us to do it in. The water plant would be put off even further than five years. Barker/ Well, there is a variable that you have to work with and you might find that you can go more rapidly than you think because Steve mentioned that the balances are higher than what they anticipate and if the DNR is kind again and gives another extension that is another variable. I will quit right now. I would like you to see your way clear to do the 15 because that was what was proposed in May if I recall correctly. At least it was in the paper that way, roughly that~ And I ask Don about it and his response, if I recall correctly, was well, in June they were different, it is because the council asked for Thisrepresents only araasonably accuratetranscription ofthelowa CIw council meeting of DecemberS, 1995. F120595 #8 page 13 20% down payment. But coupled with that, as I read the transcript, it was saying we want to do this and have minimal work at the front end and maximum work at the back end so that we do build up that surplus. And so that is all I am asking. Thank you. Horow/ Thank you very much. Is there anyone else? Atkins/ With all do respect, that is what we are doing. We divided the water project up into three major construction projects. One of about $5 million, one of about $10 million and one of about $30 million. Kubby/ And what we worked on because you said tell me the parameters you want and we will back into the financing and one of the parameters we did was to break the project into phases and have a time frame. We all wanted to do these sooner rather than later and a tradeoff for saving interest costs was to do them a little bit later but not too much later. And so the parameters we gave you was this is the time frame we want to have the plants on line individually with different time schedules and you backed us into that is what we gave you as direction. Atkins/ I thought we did. Horow/ All right, council. Kubby/ My (can't hear) is more about this idea of making sure people understand what the consequence of our decisions or our pending decisions are in terms of information and one of the ways we did that, people aren't going to be able to see the details of this but we have these charts that help show increases and I guess what I envision in a conversation like this is that we have taped this to the wall so that when we are talking about chart 3 people on cablevision can see chart 3. We have copies of these here and you can call me and I will send you one or call the city and we will send you one. It would be interesting to either put them up and or maybe more extensively-Actually the water plant has done this really great job of getting information out to people about water conservation through public access, through our government channel and it would be interesting to have our Finance Department to help put some of these up and explain what we are doing and what the parameters are that we have given you to work with to rationalize at least what the proposed rate increases are going for to help us become more accountable to This represents only e reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #8 page 14 everybody about what their rate increases are going for. We can get better feedback from the community as well. Atkins/ Please keep in mind that even from the hearings that are coming up, these are authorization. We will go to market, prepare the bonds, bring them here, put them at the microphone, explain them to you. You don't like them you say no and that ends it. You need to understand that you have the 11th hour ability to stop it for any reason that you want. Now I will advise you candidly of the consequences of some of those things but you still have that ability. Kubby/ And the way I get feedback from people, to me it is most valuable if the reaction from people is based on good information so that we can really argue about the real issues and not so much about the emotional issues that may or may not be based on good information. So getting that information to them is crucial for us to gain broader conumunity support or to persuade me to do things differently. Atkins/ Can I answer one other question for Anna on the 700 cubic feet? We take the total amount billed divided by the usage and it comes up 700. That is how we do it. It is very simple arithmetic. Nov/ Very simple (can't hear) which probably applies to very few people. Atkins/ But it is an average. Lehman/ Like medians. Nov/ Well, medians are really more reliable figures than averages. Atkins/ We can do calculations for people. We have done that in the past. Some will call in and say I use X, what is it likely to be. And we can do those things fairly easily. Nov/ Karen, we have to continue this p.h. anyway. We don't have an ordinance sitting in front of us. Can we make the charts or graphs into overheads for next time? Atkins/ I was going to do that. we will have it next week. Nov/ Oh good, thank you. I have a question about projecting rates for water beyond the year 2000. When we get to 2001 we project the 15% increase. We get to 2002 we project 15% decrease. I 'rhts represents only a reasonably accurate transcription of the Iowa City council meeting of December 5. 1995. F120595 #8 page 15 don't see the need for that. I think we could go for 0 on both of those years. It just looks silly to go up and down. Atkins/ Look over the cash. That is the year you spend your cash. Nov/ Yeah but the cash is there. I mean you still have- Atkins/ These are estimates, these are calculations based upon when you spend the money. And you are right, can we change that? I suspect we could. Nov/ Well, when we get closer to that time I think we might consider the ability to say 2% increase instead of 15% increase and a 15% decrease. Now when we get there you will be able to give us a more firm number. Yucuis/ Just to comment on that, Naomi, the expenses projected in the FY2000 are $8.7 million and FY2001 is when you have the additional $10.7 million of expenses. So you are spending $20 million the following year. So you have to have enough cash accumulation to make that $10 million pay out. Nov/ I understand the problem. I just say that you are predicting silliness- Kubby/ Did you hear that Don. You are predicting silliness. Pigott/ Silliness is factored in. Kubby/ One last thing. Ed suggested something that intrigued me a little bit. He suggested that maybe we do want to vote with this council and two votes with the new council and I am feeling broad based support (can't hear). Horow/ I am asking that the ordinance be placed on the next council for your consideration, the next council meeting. Nov/ I am leery of collapsing votes on something this important. I would prefer that we do one vote- Horow/ And it has to be gotten done by the end of January. Throg/ I can only speak for myself. If the ordinance is brought before us two weeks from now I will surely move to defer it until the 16th or whatever that- Horow/ That would mean that that council will have to collapse a ThlsrepresentsonlyareasonablyaccuratetmnscrlptlonofthelowaCItycouncilmeetlngof DecemberS, 1995. F120595 #8 page 16 vote on this magnitude? Pigott/ I think there will'be plenty to discuss. The new council will have perhaps different ways to look at this. I think they should have the fair ability- Horow/ We can talk about it when it is on the table. Atkins/ Just so the council knows then when we prepare the agenda it is the mayor's direction and I am assuming you will tell her otherwise. If she says put it on, we put it on the agenda. Kubby/ It matters when we defer this p.h. to. That is how we can do that is how we defer this or we continue the p.h. to a certain date. Nov/ I would like to continue to the 19th. Horow/ Moved by Nov to continue it to the 19th, seconded by Lehman. Any discussion? Throg/ I have no problem with whatsoever to continue it to the 19th but that doesn't mean we continue that p.h. to the following week or we could choose to defer the ordinance to the following week. Pigott/ I agree. Horow/ Any other discussion? All those in favor signify by saying aye (ayes). Nov/ I would like to formally move that we have an ordinance and first consideration on the 19th. Horow/ Wait a minute. I appreciate that but I would like- the vote is 5-2 with Kubby and Baker voting nay. Now your proposal is for what? Kubby/ I don't want to be placed in the position of having to vote no on this rate increase if I believe is there aren't votes to confirm or to continue the public- Pigott/ I will vote for the p.h. next time. Kubby/ There would be a vote for to continue the p.h. and defer the ordinance. Thisrepresents only ereasonably accuratetranscription ofthelowa City council meeting of DecemberS, 1995, F120595 #8 page 17 Baker/ I would just sort of like circling around the fact that four people have said that they would prefer the vote take place at the first meeting. Kubby/ Yeah, it becomes a game. Baker/ Why don't we just go ahead and settle it. Throg/ We should. Pigott/ I think there are four. Kubby/ Then we could vote against the- Throg/ Am I right? Since I voted in favor? I move to reconsider. Pigott/ Second it. Nov/ Wait a minute now. We just voted on this motion to have it on the agenda. Throg/ What did we just vote on? Horow/ We voted on to defer the- To continue this until the 19th. Kubby/ You could move to reconsider that if you were- Karr/ (Can't hear). Throg/ That is what I thought I was doing. Pigott/ And that is what he was doing. Nov/ Oh, okay. Horow/ Moved by Throg, seconded by Pigott to reconsider the vote to defer or continue the p.h. until December 19th. Is there any discussion? Nov/ If you rescind that you are going to have to close the p.h? Karr/ Just a motion to reconsider. Pigott/ Continue the p.h. until a later date. Nov/ Oh, okay. Thisrepresents only areasonablyaccuratetranscrlptlon ofthelowaCi~ councilmeetlngofDecemberS, 1995. F120595 #8 page 18 Horow/ Okay? Any further discussion? I will remind you about the need for this to get done by the end of January and that you would be then having a new council collapse the hearing on a major issue. I would also suggest that the combination of both this council and that council voting on this issue is not a bad idea'at all. Throg/ That is a reasonable statement. It is also true that we will have held this p.h. and another p.h. that the new council will be holding. They have been paying attention to this issue all along because it has been a crucial component of the most recent election. I am sure they have judgements about what should be done and why. They have a right. I think it is appropriate for them to be able to vote on what they think about it. It is appropriate to let them do that. Lehman/ I totally agree, Jim. Nov/ They are not being deprived of doing that. Lehman/ I totally agree Jim that they will have two opportunities to vote on it and we will have one. Pigott/ It may force them into considering something a second consideration instead of starting from the beginning. Why lock them into considering something that this council has- Horow/ Are you hoping that they will start all over again? Pigott/ They may choose to do that. It is not my choice (can't hear). Horow/ Oh, Bruno. Pigott/ They may choose to go with the proposal. They may choose to do a variety of things. I don't want to indicate that this council wants to limit them in any sense to this proposal. That is the concern. They may choose to do a number of things and that is not for me to decide or influence. Nov/ That is not true. Anyone may amend this. We may amend this on the 19th. They may amend it again on the next meeting and it is certainly not locking anybody in. Arkins/ Just to give me a little bit of comfort. We are recommending a bid award of a lot of money. So I am assuming you will adopt some sort of rate adjustment. So will them. Thisrepresents only areesonably accu~e~etrenscription ofthelowa City council meeting of DecemberS, 1995. F120595 #8 page 19 Because we Kubby/ They will things that are locked Horow/ We have been working shirking our duty. Nov/ Many years. are recommending the bid. have to make their individual judgements based on in. on this for how long? This to me is Horow/ Well, there is a motion to reconsider the continuation of the p.h. Any further discussion? All those in favor signify by saying aye-(ayes: Kubby, Pigott, Baker, Throg.) Opposed same sign (ayes: Lehman, Nov, Horow). The motions passes to reconsider. Nov/ I would like a count on that. I didn't hear that it passed. Horow/ I heard four. Nov/ Okay, you heard four and I didn't. Horow/ With Horow, Nov and Lehman voting against that. Do you wish to make a motion to- Kubby/ Move to continue the p.h. to January 16. Bake/r Is that our first meeting? Pigott/ Is that the first one? Horow/ Wow. Nov/ No. We have moved to reconsider and we have not actually reconsidered. Karr/ (Can't hear). Throg/ Reconsider? Nov/ You need to vote the same issue again. Horow/ The issue on the floor is to continue the p.h. until December 19o Is was originally moved by Nov, seconded by Lehman. Any further discussion? All those in favor signify by saying aye (ayes: Lehman, Horow, Nov). Those opposed (no: Baker, Throg, Pigott, Kubby). Motion is defeated with Baker, Thisrepresents only a reasonably accuratetranscription ofthelowe City councilmeeting of DecemberS, 1995. F120595 #8 page 20 Pigott, the p.h. Kubby voting in the negative. to January 16. Throg and Kubby/ Move to continue Throg/ second. Thornberry/ I may or may not be allowed any input in this discussion at this point. There are only three new council members coming on. You are playing political football with this and this is not fair to the people of Iowa city, Bruno. And Karen just told you how to vote and I don't appreciate that at all. Kubby/ Actually I told Jim what he said- Pigott/ That is not correct. Thornberry/ That is absolutely correct. You should vote no on this and you did and this is just political football and this is bullshit. Horow/ Okay. Kubby/ Thank you for the foreshadowing, Dean. Horow/ I don't disagree with you but this is out of control here. Pigott/ Now you will have a chance, Dean, to follow through on the statements you made in your campaign and I look forward to your input. Horow/ Dean, you are up. That is it. Um, the motion is to-is there a second to have this on January 167 Baker/ I just want to get clear. That is our first meeting? Horow/ Yes. Kubby/ The first formal meeting. Horow/ That is why we wanted this to be voted. Baker/ I am going to vote for the increases. I am going to vote for to collapse the reading. It is going to pass. Horow/ Then why don't you take the guts to do it within this council? Thlsrepresonts only areasonablyaccurate transcdptlon ofthelowa CiW council meeting of December 5.1995. F120595 #8 page 21 Baker/ Because, Sue, you want to use the words guts? Horow/ Yes. Baker/ We can talk about that in a lot of issues. But don't accuse me of not having the guts- Horow/ In this one I will. I am. Kubby/ This is exponential anger. That what happens when one person expresses anger in a very hostile way. It is very contagious and very negative. Horow/ There is a vote on the floor. Any further discussion about that for January 167 Throg/ Yes. I think one reason that we have had the conversation we have had is because when we came into this meeting tonight I think we had the understanding, the shared understanding, that we were not going to vote on this issue until the new council came on board. We talked about that in our work session or in the last meeting. I don't know when it was. And it was only going into the conference room that I learned that we were suppose to vote on it or you know, make a decision to vote at the next meeting. That was a surprise from out of no where. Okay. Kubby/ Really that was discussed before the meeting in this conference room. Throg/ So, you know, there is a surprise. Kubby/ Oh my God, I am really shocked about that because there were definitely four people which means gives direction to the mayor and that is not what was going to happen unless we had a conversation? I mean if I hadn't by chance said- Horow/ I think there is such thing as the mayor's prerogative. Kubby/ Not when there are four council people who have directed the mayor to do something. Horow/ You don't have four council members who directed the mayor to do this. The mayor was trying to get this on the agenda to consider backing into it from the end of January. The mayor was also very aware that the next meeting it could be defeated. I am not that dumb. Thisrepresents only areasoneblyaccuratetranscrlpfien ofthelowe City councilmeeting ~ DecemberS, 1995. F120595 #8 page 22 Kubby/ There were.four people at our informal meeting who said we wanted the new council to vote on this and not the current council° Horow/ We did not take a vote on that. Baker/ How much more clear does it have to be? Throg/ It was pretty clear. Horow/ Clearness would be next session when you would vote against it if that is what you felt. Kubby/ That is not at all fair to this group, the process that is happening. But it is getting clarified with our action, our upcoming action. Horow/ Okay, you have got the 16th and the 30th in January to deal with this. Nov/ I am still unhappy about collapsing a vote on an issue such as this but that is what we will do. Horow/ Okay, there is a vote on the floor for January 16. All those in favor signify by saying aye. It passes 4-3 with Lehman, Nov and Horow voting. Nov/ I voted on aye on continuing to the 16th. Horow/ You did? Nov/ Yeah, I point I it. didn't see any point in not continuing it. At that felt my choice was either to continue it or to close Horow/ Okay. Ernie, did I hear a negative from you? Lehman/ Yes. Horow/ So it passed 5-2 with Lehman and Horow voting no. Thank you, Naomi. Kubby/ Before we go on I feel like we need to be either debriefed personally or publicly or something about the sentiment or actions that just happened tonight. I hope this is not how we conduct business in the future and I hope that whoever is mayor come next year that at our organizational meeting that Thisrepresents only a reasonably accurate transcription ofthelowa Citycouncil meeting of December 5,1995. F120595 #8 page 23 we give very clear directions to the mayor that when there are four people at an informal meeting that that is direction and Sue has started this new policy of, in our informals, saying who nodded their heads and I think that will make all of this much more clear. So I am glad that you kind of back track to slow us down to make sure that on the tape, in the transcript, who nodded their heads is clear so that that is direction for us. Horow/ I am sure whoever the mayor is will have an easier job anyway. Thisrepresents onlyareasonablyaccurete~ans~rlpfienofthelowaCItycouncilmeetlng of December5,1995. F120595 #9 page ITEM NO. 9 - PUBLIC HEARING ON THE PROPOSITION OF THE ISSUANCE OF $6,200~000 WATER R~¥ZNUE BONDS OF IOWA CITY, IOWA. Horow/ Declare the p.h. open. Please address council and keep your comments to no more than five minutes. Ed Barker/ I just have one short question that I think for Don. I think as the resolution reads and including the next p.h. also and a total of $34.2. Are you in a position to say approximately how much of that will be borrowed when you do this in March? If you are not, that is fine. Don Yucuis/ I think on the $6.2 million you are looking close to that° On the $28 million issue with the new bids that came in, $28 million is the high end. That should be closer to $20-19 million. Barker/ Thank you. ¥ucuis/ But the authorization is staff up to that limit. It doesn't say we are going to issue that amount. Horow/ Okay, thank you. Any further comments to the council? Declare the p.h. closed. Thlsreprosents only areasonablyaccurate transcription ofthelowa Citycouncil meeting of December 5,1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 1 5 ITE~ NO. 10 - ITEIVI NO. 11 - ITEM NO. 12 - CONSIDER A RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,200,000 WATER REVENUE BONDS. Comment: This resolution states that the City Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of $6,200,00.0 Water Revenue Bonds. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the City Council. Action: PUBLIC HEARING ON THE ISSUANCE OF $28,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA. Comment: This public hearing is being held to receive public comment for or against the issuance of up to $28,000,000 Sewer Revenue Bonds, in order to provide funds to pay the costs of improvements and extensions to the Municipal Sanitary Sewer Utility. The $28,000,000 project cost includes connecting the North and South Wastewater Treatment Facilities, engineering. costs for design and bid specifications, one year debt service reserve and bond issuance costs. Action: CONSIDER A RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $28,000,000 SEWER REVENUE BONDS. Comment: This resolution states that the City Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of $28,000,000 Sewer Revenue Bonds. The Clerk is further authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the City Council. #10 page 1 ITF~! NO. 10 - CO~SIDER A RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6t200~000 WATER REVENUE BONDS. Horow/ Moved by Kubby, seconded by Throg. Discussion. Throg/ I would like to ask Steve a question to understand this a little better. I mean I understand it to say that it begins- authorizes beginning proceedings to issue an amount not to exceed $6.2. So I am concerned that-I am wondering what we do tonight on this particular resolution and the other one coming up, whether that will in any way tie the future council's hand. In other words, if for one reason or another in their collective judgement that future council believes that current plans are too expensive or too extensive or however else they want to-Is there anything in this resolution that will commit them to already having-Will the council already have committed itself to issuing $6.2 million in bonds and then later on with the next one $28 million? Atkins/ No, we will not. You have-what I meant on 11th hour, you have up to that point. Throg/ You said something about there are some risks- Atkins/ Sure, there are some risks that when you go to the market and you prepare an official statement, you do all your bidding and you try to round up the investors by way of our financial adviser and then you back out. There is an expense to that. Not any different than someone on a construction contract goes through the bidding process, it costs them money, they did, we decide to pull out on the thing, will they come back around for a second bid, I don't know. I can assure you that one thing that I do intend to do and this is just from experience and overlapping councils on major issues such as this. We will be preparing a briefing memo before we ever head off to market and begin spending time and money on this. So- Kubby/ Maybe a session where everyone can attend if they choose. Atkins/ The $6.2 million, Jim, your authorization as this council obviously carries over to the future council and if they chose to amend that we will find some way whether it be informal or formal to allow them the courtesy of making that kind of change. Throg/ Unless I hear something that convinces me otherwise, I am Thlsrepr~ents only areasonably accurMetmnscrlptlon ofthelowa Ci~ council meeting of December5.1995. F120595 #10 page 2 willing to move forward on the other resolution. Atkins/ I would recommend that you vote favorably on both of them. Throg/ I really don't want to tie their hands or make them feel trapped into this. Atkins/ Whether you make them feel trapped ! can't help you on that. But I think that I can assure the new council members that they still have within their power the ability to amend this in.some fashion. What we are out is the staff work and the preparation of this-of these sales. But we are not intending to go to sale until sometime in February or March anyway. I don't know how to say it other than I think I can make you feel comfortable. I know what you are attempting to do and I think that we can provide them the comfort that they have some discretion. Dee Norton/ I just like to-does this preclude switching to the General Obligation bonds if that decision is made? Atkins/ No it does not, Dee. What we are going to do is probably at the next meeting and Don has already contacted the bond counsel, is also prepare an authorizing resolution for General Obligation debt that allows us to use one or the other or a combination because we do believe that the market still looks pretty good. Okay. Horow/ Any further discussion? Roll call- (yes). The resolution is adopted. Thisrepresents only areasonablyaccuratetranscrlptlon ofthelowa CiW counc~ meeting of December5,1995, F120595 #11 page ITE~X NO. 11 PUBLIC HF-J%RING ON THE ISSUANCE OF $28,000~000 SEWER REVENUE BONDS OF IOWA CITY, IOWA. Horow/ Deolare the p.h. open. I have a question. Does this also include the Plum Grove and the other south of Highway 6? Yucuis/ Yes it does. Horow/ Okay. Thank you. Declare the p.h. closed. Thisrepresents only areasonablyaccurate transcription ofthelowa Citycouncil meeting ofDecemberS, 1995, F120595 #12 page 1 ITEM NO, ~2 - CONSIDER A RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $28,000,000 SEWER REVENUE BONDS. Horow/ Moved by Lehman, seconded by Throg. Atkins/ Susan, may I comment further? Just came to me. Without a rate adjustment we don't sell bonds. The greatest controlling element is that if you choose not to adjust rates, you don't go sell bonds. Throg/ So the follow up is and what I want to make sure is that if we issue $28 million and $6.2 million that they are not firmly tied and committed to having to raise rates to that same or commensurate amount. Atkins/ No they are not. And without rate market anyway. So there are several pull-this. increases, can't go to means by which you can Horow/ Without rate increases you cannot build a water system. Atkins/ Without rate increases you cannot build the water system and you cannot borrow because you are pledging an asset and the asset is water and sewer revenues and if you don't have them in adequate numbers nobody buys your bonds and- Baker/ One the questions that I had asked at previous meetings was how a deferral of the vote affected this bond proceeding and you said at that time as long as it was done by the end of January the schedule is perfectly- Atkins/ Yes. As you know, our bond schedule is February or March. We are okay. We are continuing to move on that direction. Horow/ Any further discussion on this? Okay. Roll call- (yes). Thisrepresents only areasonably accurate transcription ofthe Iowa City council meeting of December 5, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 16 ITEM NO. 13 - PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT. Comment: This project involves t.he renovation and replacement of pumps, motors, piping and controls together with other related work at the three existing 2 million gallon ground storage reservoir/booster stations. Also, the reservoirs will be emptied, cleaned and structurally inspected. This work will improve the City's ability to control pressure and flow throughout the water distribution system, improve distribution system reliability, and provide a tie in for proposed feeder mains from the new Water Plant. The estimated cost of the work is $780,000. This work will be financed from Water Revenue Bond proceeds. Action: "~_.~ ~ ~.~z,.z.¢~ ITEM NO. 14 - 35~ CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M. January 9, 1996. Comment: See Comment Above. Ac,ion: ~h~. //~-~ ITEM NO. 15. - ANNOUNCEMENT OF VACANCIES. a. Previously announced vacancies. (1) Historic Preservation Commission - One vacancy for a representa- tive of the Moffitt Cottage Historic District for a three-year term ending March 29, 1999. (This is a new position) (4 females and 3 males currently serving on this commission.) (2) Parks and Recreation Commission - One vacancy for an unex- pired term ending January 1, 1999. (Council Member-elect Vanderhoef's position.) (3 females and 5 males currently serving on this commission.) These appointments will be made at the January 16, 1996, meeting of the City Council. Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 17 ITEM NO. 16 - CITY COUNCIL INFORMATION. ITEM NO. 17 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager, b. City Attorney, ITEM NO. 18- Recommendations of Boards and Commissions, a. Consider recommendations ofthe Housing and Community Development Commission: that $398,441 in FY95 and FY96 CDBG and HOME funds be allocated to the Greater Iowa City Housing Fellowship (GICHF}\Burns affordable rental housing project on Old Dubuque Road. Comment: Council held a public hearing to discuss this project on November 21, 1995, and took action on November 27, 1995. #16 page 1 ITEM NO. 16 - CITY COUNCIL INFORMATION. Horow/ City Council Information. Mr. Lehman- Lehman/ No, mam. Kubby/ Last year during budget time we were talking about moneys for local festivals and how that money came for the CVB. We kind of made a pledge to ourselves that we are going to figure out a system to funding local festivals and we haven't done that. And I am going to be brain storming some things with the CVB as an individual council member about what those systems could be and how we can interact with them and make things work together really well instead of having greater division between some of our goals. So if any of you have ideas for me please pass them on. If anybody out there has ideas for me please pass them on. I guess I want to go back to our earlier interaction that I don't think it was that great and I am not quite sure what I want to say about it except today I think some of it comes from some just below the surface emotional stuff going on between various different sets of council members that I encourage each of us including myself to resolve before we end our time together and encourage the new council to be very clear with each other on personal and political matters so that what we do do is express the issues very clearly and in the best interest of the community and I guess what I am doing by saying this out loud is pledging that I will do my best to have that kind of interaction as part of the- That is all. Nov/ Well, I would like to urge people again. I know we have done this but the Iowa Sesquicentennial kick off is December 28 and it will be going on all day long, both at the Old Capital and at the IMU at the University. The Governor is coming to sign the proclamation about 4:30 PM and there are other kinds of events to celebrate and everybody should participate and also I would like to give people a little advance warning that the League of Women Voters study of county government is about to wind up and there will be public meetings on the 24th of January and the 28th of February, both at 7:30 PM at the Coralville Public Library. Horow/ Okay, thank you very much. Throg/ I would like to mention two things. First as I mentioned last night during our work session, I have been invited to appear on "News to Us" which is a PATV program tomorrow night Thisrepresents only areasonebly accurMe transcription ofthelowa City council meeting of December 5,1995. F120595 #16 page 2 at 6:30 and it is a neat invitation so I am happy to accept but what they have asked me to do is talk about what I have learned and I wonder what I have learned since I have been on the council for two years. So if anyone out there is interested, it will be live. You can watch it and dial up PATV and based on last night's meeting- The other thing I would like to briefly mention- Horow/ Didn't Larry give you a suggestion however about the commercial? Baker/ If you pump it up enough you all can sell spots on that and make some money for PATV. Throg/ We can't do that can we, Renee? I would like to make one other brief comment about affordable housing. I found myself thinking about it from a particular angle recently and that is it seems to me that issue could fruitfully be looked at from a woman perspective and I mean not just any particular woman but a woman perspective. And I would like to invite and encourage relevant organizations in Iowa City to do that. The need I think derives from a whole series of factors that I don't have tome to go into right now but the net result has been that lower income households in Iowa City are disproportionately headed by a woman. It is my understanding that about 83% of the 1002-3 households that receive housing subsidies from Iowa City are female headed and those female headed households have transportation, housing and employment needs that differ quite substantially from traditional families. And I would like to suggest that we need to begin taking those differences into account. Working woman who have households with small children need access to housing that is affordable and that housing also needs to be well linked to places of employment by means of public transit that is convenient and affordable. The only reason I bring all of this up is because I think there are organizations in town that could fruitfully begin looking at affordable housing from that perspective and it might give us considerable insight. Thanks. Pigott/ Nothing, Madam Mayor. Thank you. Baker/ I guess two things, Sue. First of all a question for you. Could you refresh my memory about the blood drive on Friday. Horow/ They want your blood, Larry. Baker/ I am literally giving blood as opposed to metaphorically Thlsrepresentsonlyareasonablyaccuratetranscription ofthelowaCl~ councilmeetingofDecemberS, 1995. F120595 #16 page 3 giving blood at these meetings. But I called Mike Paul and he did not return my call. I wanted to get that announcement but I need so~e more information. Horow/ 10:00 is the ribbon cutting on Friday at the Blood Donor Center at Sturgis Corner. Baker/ Sturgis Corner. They will be taking volunteers for blood donations. I will be there. Horow/ Right after the ribbon cutting they will be cutting your veins. Baker/ I will be donating blood. It is likely to be cold and I would en~ourage the public to come down and watch Larry bleed. I understand you get free food after that. So, again, 10:30 Friday morning, Sturgis Ferry corner and Red Cross Blood Drive. Now, second thing. I wanted to take a moment to talk a little bit about something we talked about last night but I think feel in the audience last night may have left a misimpression of at least my feelings on this particular subject and that was the discussion of the Melrose Avenue Street repair near West High School and the problems with reinstailing the traffic signal right there at the access point of West High School. It just recently came up to this council that there is going to be some problems, potential problems~ with funding for that project based upon the presence of what the state would consider an unwarranted traffic signal. By unwarranted they mean literally there are certain numbers that are used to justify the installation of the traffic signal and according to their sort of text book numbers this corner, this intersection, does not warrant that. The result is that a major road project, the funding for a major road project is in jeopardy if the city were to do the project using state funds and then install a street light. So the city has proposed an alternative which is to do the road up to a certain point using the assistance program and then complete the rest of the road up to the intersection and including the area for the traffic light with 100% of city funds. Now, one of the things that I hope is the city really pursues the first option of getting full funding in conjunction with the light and making sure that it is very clear that we cannot do that. But if we cannot do that and we have to split the project I think that some members of the audience last night walked out thinking well, it will be done anyway, regardless of the cost. I am speaking only for myself. But I would hope that if we have to split that project at a This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #16 page 4 substantial increase to the city for that portion of the road and that street light, I would hope and I would expect that the school board would also assume some of that financial responsibility and I would hope and expect that the public, the parents, the students, the teachers out at West High would express those same concerns to the school board as well as to us. Again, I am speaking only for myself but I am reluctant to commit to full funding of that additional costs unless we get some participation or some help from the school board and I want the public to start thinking in those terms. Again, I am just speaking for myself but. I think it is something the council is going to have to deal with eventually. Kubby/ And the majority of council directed staff to begin those kinds of phone conversations with people. Baker/ Well, those conversations are necessary but unless there is a commitment by the majority of council eventually to hold f~st to making a very tough decision which is you either put the light on with their assistance or the light doesn't go in. That is a possibility and I want the council and the public to consider that possibility. It will require some assistance from the school board in my opinion. Nov/ We had some estimates of cost yesterday and I think that we were talking about $110,000 plus the cost of the traffic signal. Atkins/ That is what I understand. We will get accurate numbers for you. Nov/ And the traffic signal is probably another $50,000. Atkins/ Yes. Nov/ While we are talking about traffic signal, I would like to know that if it is installed, we have it on a demand system so that we don't stop traffic on Melrose unless there is somebody that really has to get out of the other street. Atkins/ Okay. Baker/ I want to make sure that this is just my feelings at this time. We need to work something out. We have a reasonable expectation that the school board will help us. Kubby/ It also sounds like a call for people to get involved. This represents only a reasonably accurate transcription of the iowa City council meeting of December 5, 1995. F120595 #16 page 5 Baker/ It certainly does. Horow/ I think it also certainly has given me a little bit of comfort though in terms of talking with the engineer's as to the design of that area. It might not be as bad as it has been in the past. Baker/ We may not need the light. There are lots of things to consider. Horow/ I think we are all-the bottom line is the safety concern. I agree with you in terms of the intention of having them share with us. Is there anything else? Baker/ No, that is it. Horow/ You are not going to bring up the National League of Cities? Baker/ Oh no. I have got to put something together, a more formal presentation. Horow/ Mr. Baker and I did attend the National League of Cities and one of the programs that we attended had to do with the honorable mentions that are given out to various communities. CHANGE TAPE TO REEL 95-144 SIDE 2 Horow/ Under 50,000 population. In Belmount, hospice for very low income individuals stage services and housing for people having six months or less to live. What about this was that it was relocation California a six bed provides end of life with AIDS and other was also interesting of an older historic preservation and the building was developed through a partnership between the city, the county housing, AIDS Program Department, Catholic charities, San Francisco and Mercy charities, housing in California. And I looked at that and I really wished that we could pull something like that off in this city. As I said, Mr. Baker and I did represent Iowa city at the recent National League of Cities annual meeting of locally elected officials. Thousands of men and women from all over our country and of all races, religions and ages. The meeting is a time to learn from others and to participate with others in policy making of issues which will guide the National Leagues national board in representing cities in Congress, the President and to other countries. For the past eight years I have served on the Energy, Environment and Natural Resources Policy Committee. Along with other elected This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #16 page 6 officials on this council I have also served as a participant in the caucus of university communities and the caucus of women in municipal government. Now I mention these activities because it has been an honor to represent Iowa city at these meetings. This city has afforded me many occasions to be a representative of you and I would hope enthusiastically represent our diversities and identify our opportunities and most of all to make know to others our character and qualities of urban life. After five years on P/Z Commission and then eight years on council, I feel quite comfortable with stepping down so that others may participate in the community service that we have as a council member. I have appreciated my family support, patience, and remaining flexible with my schedule. My thanks for the steady hands and guidance from our City Clerk, our City Attorney's Office and the City Manager. They along with our competent city employees have responded most professionally to my efforts in contributing with other council members to the stewardship of the city's resources. It is difficult to say thank you to any specific city employee because from each one I have gained much in terms of learning what it means to be an elected official. One does not spring from the moon fully formed as an elected official. Karin Franklin, I would like to say thank you for the grace, accuracy and truthfulness under pressure. To Chuck Schmadeke, I would like to say thank you for letting me observe you be a gentle but firm in your leadership of individuals who literally provide the nuts and bolts of keeping this city functioning. Thanks to Barb Coffey of Document Services whose accuracy and turn around time on letters is phenomenal. And I also thank Lorraine Saeger for being the gatekeeper for our city and from whom I have benefitted as I think we all have. I would hope that all and each of you pass on my thanks to the rest of your departments and your colleagues in the rest of the city. I thank my colleagues on this council for having allowed me to represent the city as mayor. But to the citizens of Iowa City I reserve the greatest appreciation for your trust in my ability to serve as an elected member of government at the local level. It has been an experience worth having. Thank you. Kubby/ Thank you, Sue. Pigott/ Congratulations. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #17a page 1 ITF~4 NO. 17a - REPORT ON ~TTORNEY. a. City Manager. ITEMS FROM THE CITY MB/~A~ER ~ CITY Atkins/ Nothing, Mam. Nov/ You don't want to tell us some dates for future meetings on the budget. Somebody told me you were going to do that. Atkins/ I just assume ngt do it. The late hour. I will call you. You call me.-Particularly if there are some times you can't meet call me or Marian. Horow/ Marian has got the memo. Thisrepresents onlyareasonably accuratetranscription ofthelowa City council meetlngofDscemberS, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 18 ITEM NO. 19 - (21 that the FY95 CDBG and HOME funds be reallocated to the Housing for Working Singles project if the GICHF~Burns project does not receive favorable Council action on the rezoning. Comment: This proposal was presented at the November 20, 1995, Council work session. Staff will be seeking Council .approval at a later Council meeting on this project. b. Consider a recommendation of the Design Review Committee regarding amendments to the Zoning Chapter clarifying the definition of time and temperature signs. Comment: At its November 20, 1995, meeting, the Design Review Committee voted 7-0, to recommend approval of the amendments to the Zoning Chapter clarifying the definition of time and temperature signs, as proposed in the November 2, 1995, staff memo. Please refer to the Planning and Zoning Commission Item 5m regarding this subject. CONSIDER A RESOLUTION ADOPTING THE NEAR SOUTH/~IDE DESIGN PLAN. Comment: Earlier this year, the City Council hired the consultant Gould Evans Assoc ates to prepare a design plan for the~Near South~ide Neighbor- hood. The C ty Council formed the Near Soutl~ide Design'Plan Advisory Committee to assist the consultant with preparing the design plan. No comments were received at the November 21 public hearing on this item. Action: #19 page 1 ITEM ~O. 19 - CONSIDER A RESOLUTION ADOPTING THE NEAR SOUTHSIDE DESIGN PLAN. Horow/ Moved BY Throg, seconded by Pigott. Any discussion? Baker/ Sue, I would like to say something since we are adopting this tonight and it is late but I would like to say something nice about people. I think we need that. I would like to say something nice about you, Jim and Bruno in particular. Of all the details that went into this whole discussion of the South Side, beginning- It was one of the first major issues on this particular council and you three in particular, your ability to compromise or work together that came a nucleus for all sorts of other parts of the plan and I think that future city councils will follow thorough on some of the ideas here and we are able to develop these ideas somehow. I think that Iowa City in the future will owe these three in particular a very specific debt for helping get this thing passed and so I would just like to say I appreciate your help on this. Horow/ Thanks. Jim- Throg/ A brief comment. First of all I would like to echo what Larry just said and extend that as well. Al~o to note something that I said last night. There was an article in one of our local newspapers a few days ago about this Near South Side Plan and unfortunately the article pretty much trivialized the design elements of this plan. I think it called it mere esthetics. And that is unfortunate because there are quite a few really potentially quite wonderful elements in the plan including what it calls green links, the green links concept, having a boulevard that enables people to cross Burlington Street; having five enclaves developed in the area and also most importantly probably having a new civic plaza down just south of the Johnson County Court House that really could provide a wonderful focal point for the Near South Side. So it is a good document. It provides a good vision for the future and it is something we all worked on pretty hard and I think the public needs to know that. Pigott/ I agree. I would just like to echo both Larry and Jim and say that Larry, your willingness to compromise was extraordinary and it was great to work with all of you on this project and it took a lot of compromise on everybody!s parts and there was some stops and starts but eventually the council found its way to supporting it and it is a better document because of it. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #19 page 2 Horow/ I think any major economic development investment has to have that section of it that looks beyond the concrete, pardon the bun, and this definitely does. The staff in. previous years has come up with plans that are similar to this and when we first started this Bruno and Jim had different ideas and it has evolved. So I think- Pigott/ Partly because of the rest of council willing to listen to those ideas. That is really a great welcome. Horow/ Thank you. Any further discussion? Roll call- (yes). Resolution is adopted. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 19 ITEIV] NO, 20 - ~6- .35--/ ITENI NO. 21 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT I OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS THE SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. Comment: This work involves the construction of the Interceptor Sewer between the South and NorthWastewaterTreatment Plants. Approximately 11,000 feet of 96 inch and 8,000 feet of 84 inch concrete pipe will be installed. Also included are relief sewers serving the Pepperwood neighbor- hood and the Plum Street neighborhood. Funding for this project will be provided by Sewer Revenue Bond proceeds. T. he bid opening was November 21, 1995, and the following bids were received: Park Construction Company, Minneapolis, MN Peterson Contractors Inc., Reinbeck, IA Carl Bolander & Sons Co., Saint Paul, MN McAninch Corporation, Des Moines, IA Kenko Contractors, Inc., Minneapolis, MN Garney Companies, Inc., Kansas City, MO Johnson Bros. Corp./Waster & SCI Const., Litchfield, MN BRB Contractors Inc., Topeka, KS TJ Lainbrecht Construction, Joliet, IL Super Excavators, Inc., Menomonee, WI Kiewit Western Co., Omaha, NE $12,760,812.00 $14,196,447.00 814,277,085.50 $14,304,906.00 814,613,552.61 814,865,954.O0 $14,867,305.OO $16,685,167.00 $17,298,079.50 917,638,854.OO 819,530,307.50 Engineer's estimate 918,180,000.00 Public Works and Engineering recommend award of the contract to Park Construction Company, Minneapolis, MN. CONSIDER RESOLUTION AUTHORIZING EXECUTION OF AN AGREENIENT TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH RIVER CORRI- DOR/WASTEWATER TREATMENT CONNECTION PROJECT, IN LIEU OF CONDENiNATION. Comment: City staff has been negotiating with Kroezes for nearIv two years, and now has a settlement agreement as approved by the City Council in executive session. #20 page 1 ITF2~ NO. 20 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT i OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS THE SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT° Horow/ Moved by Kubby, seconded by Nov. Discussion. Kubby/ I am very very happy to vote on this not only because the price came in so well under the engineer's estimate but because Park Construction Company is a union shop and the reason that this is so-such a good thing, I believe, for the community is really three-fold. When you go-when you are using a union contractor, they go through the local union hall. You got local labors Qho will be employed using your sewer rate money that will then get reinvested back into the community. Secondly, when you go through the union hall these individuals who are being employed through the union hall have apprenticeship programs who are ensured of a quality of work that I believe in general is higher than a non union shop. And thirdly, individuals going through the union hall get healthcare benefits and that means that when the community is doing this public project, people are making prevailing wage which for this particular kind of work here, I believe also a livable wage. And full benhies so that families being employed for this project are self sufficient. I think all of those things are very wrapped up together and a lot of times projects come in even below what is estimated and on time. Horow/ You know, as you said that about the health benefits, it occurred to me that I have been on here long enough to have an ordinance passed, if I am not mistaken, we had to adopt what the OSHA new requirements for securing of trenches for the safety of the people who are in. That wasn't here some years ago. That is very interesting. Okay. Any other comments? Throg/ Good job staff. Horow/ Yeah, great. Throg/ How did you do it? Baker/ They overestimated. Nov/ No, actually they didn't. There were plenty of estimates that came in very close to theirs. This represents only a reasonably accurate transcription of the iowa City council meeting of December 5, 199,5. F120595 #20 page 2 Horow/ That is true. Roll call- (yes). Thisrepresents only areasonsbly accuratetranscription of ~elowa City council meetingof DecemberS, 1995. F120595 #21 page ITF~ NO. 2H CONSIDER RESOLUTION AUTHORI2ING EXECUTION OF AN AGREEMENT TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH RIVER CORRIDOR/WASTEWATER TREATMENT CONNECTION PROJECT, IN LIEU OF CONDEMi~ATIONo Horow/ Moved by Nov, seconded by Lehman. Any discussion? Kubby/ And we are talking about the document that was put in front of us tonight. Nov/ We have a signed agreement. I think we have to pat Ernie Lehman on the back. He worked hard on that. Horow/ Thank you. Roll call- (yes). Resolution is adopted. Thisrepresents only areasonebly accuretetranscdptlon ofthelowa Ciw c~ncll meeting of DecemberS, 1995. F120595 Agenda Iowa City City Council Regular Council Meeting December 5, 1995 Page 20 ITEM NO, 22 - ITEM NO. 23- ITEM NO. 24- CONSIDER AN ORDINANCE AMENDING TITLE Xll, ENTITLED "FRAN- CHISES," OF THE CODE OF ORDINANCES OFTHE CITY OF IOWA CITY, TO REPEAL CHAPTER 4 AND TO ADOPT A NEW CHAPTER 4 TO BE KNOWN AS "CABLE TELEVISION FRANCHISE ENABLING ORDINANCE." {PASS AND ADOPT) 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. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND CABLEVISION VII, INC. TO OPERATE A CABLE TELEVISION SYSTEM IN IOWA CITY. Comment: See comment above. After the above ordinance is passed and adopted, this resolution may be considered for approval. Action: ADJOURNMENT. #22 page 1 ITEM NO. 22 -- CONSIDER AN ORDINANCE AMENDING TITLE XII, ENTITLED "FRANCHISES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, TO REPEi%L CHAPTER 4 AND TO ADOPT A NEW CHAPTER 4 TO BE KNOWN AS "CABLE TELEVISION FRANCHISE ENABLING ORDINANCE°" (PASS AND ADOPT) Horow/ Moved by Nov, seconded by Baker. Discussion. Kubby/ I wanted to mention four things very quickly. One of them is something I really don't like about the ordinance and the other things are things I really do like about it. the thing I don't like about it is that $10,000 filing fee that the current franchise holder is exempt from paying. I understand the reason why they are exempt. I disagree with them. I think that if we are ever going to have competition that that just makes it less likely that there would be any competition for this non-exclusive franchise agreement. I have to pay a jury fee for my art fairs whether I have been there twelve years or one year and I just don't think it is fair that they should be exempt from it. I think one of the very important things about this ordinance that I am not sure we have talked about very much is that in year #3 and year #6 there is a performance review. And that modifications to this ordinance can be made into the agreement can be made based on behavior and based on state of the art improvements on technology that comes about in localities similar to our own. SO I think it is a very important to remember. There is provisions in the ordinance for hiring locally in terms of the construction of the re- build installation for services for operation, for procurements and the forester is going to be involved in any kind of trimming or construction within the r.o.w. and I think that is a very positive improvement just to make sure that our trees are maintained in the healthiest way possible through the re-build. Horow/ Thank you, Karen. Anyone else care to comment? Pigobt/ I had mentioned last night possibility of asking BTC Commission for to help us devise an ordinance referring to the support we all share of PATV and I sensed and I guess we could reconfirm it or not that there was a preference on the council's part to wait for the negotiations and to establish a contract with PATV, setting out a specific dollar amount in that contract and that council felt more comfortable doing that than agreeing to pass a resolution which would indicate support for PATV at levels that it currently enjoys and i wanted to say that as a frequent watcher of PATV, I support This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #22 page 2 PATV at its current levels and I think that is awfully important to maintain its viability and its growth is phenomenal and terrific. And I know that council members have talked with Renee and other people on PATV have expressed support in one manner or another but I wanted to make it explicit that I do support that and that we did talk about this last night. Council agreed that we would not change the language and that we would not pass any further resolution but that we would indicate at least individually support for PATV and look forward to quickly negotiating a contract which benefits the city and residents of PATV. Horow/ Anyone else care to comment? Throg/ I would agree. Nov/ I think we said the contract will be negotiated through the BTC Commission and PATV and the city council so that we could get everybody involved. Horow/ Anyone else care to comment? Kubby/ I guess this isn't because actually we are talking about the ordinance and not the agreement in that discussion. Pigott/ I understand. Kubby/ I will make further comments at the next item. Horow/ Roll call- (yes). The ordinance is adopted. Thisrepresents only areasonably accuratetranscription ofthalowa Citycouncil meetingof December5,1995. F120595 #23 page 1 ITEM NO. 23 ~ CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA ]%ND CABLeVISION VII~ INC. TO OPERATE A C~%BLE TELEVISION SYSTEM IN IOWA CITYo Horow/ Moved by Kubby, seconded by Lehman. Discussion. Kubby/ I have other lists of things I like and don't like. But if other people have other things to say. I will start with the negatives. Part of the reason I want to do this is for me it clarifies for me why I am voting for this. but I think it is also important because it is a ten year agreement that is something that is becoming more and more important in our society and that is television and so I think it is important for us to explain what these agreements include. One of the most frequent requests I get from people in the community about cable vision is wanting specific channels and that is not something that is in our purview. The federal cable act prevents us from dictating what the specific channels are. This agreement that we have negotiated does include a public process for when TCI does decide which channels to add in the re-build after two years. So I think that is about as good as we could get with federal law and I think it is a positive thing we negotiated. I think that we are really weak in the outcome of the negotiations in terms of the institutional network. That I wish we could have extracted more from the cable company on that. We may get to the same results but we are going to have.to pay for it if it is going to happen and that could be big bucks but something that would be really good for the community. I want to real quickly say what all the money stuff is that is in the agreement. We are sticking with the 5% franchise fee which at current levels brings in $280,000 per year which currently our policy is to use that money for cable services through the city. We negotiated a 50% pass through and I am not sure what date that will begin. But on your bill you most likely will see it as 50% pass through or whatever it is going to be called. Oh, $.50 pass through on your bill. I didn't mean to cause any heartache or high blood pressure. $.50 pass through which adds up to $96,000 a year with current levels and we also negotiated keeping moneys for public access and the way it is worded currently and community programming at $149,000 per year with an inflationary factor. My concern with that last figure is that what that does is have public access and community programming stay at its current levels even with the inflationary factor and it may even mean that it makes those moneys do less because currently Thisrepresents only ereesonablysccuratetrenscription ofthelowa City council meeting of DecemberS, 1995. F120595 #23 page 2 public access is in the public library and is not paying fair market rent there as part of our contribution, part of our involvement in these issues and that may or may not be true in the future. So the moneys they have to work with to actually have equipment, do training, do programming may functionally be less in the future. I wish we could have negotiated that number much higher, like may $ 1 million. Horow/ Karen, let me ask you something on that particular issue though. There isn't anything in this franchise that precludes them from charging for the training for those citizens who are not residents of Iowa City, is there? Kubby/ No, not to my knowledge. Horow/ So in other words, if the board works on their long range plans, their strong suit is in the training. That they could be possibly be looking for sources of income to supplement. Kubby/ That is true and part of that $.50 pass through could be part of that as well. What I would have-my ideal of this language about public access and community programming would have been to have only the language of public access be in our agreement. But to have what public access means be very broad and the reason I preferred that is because I agree with the city reasoning to have 6ommunity programming in there in that if unforeseen things happen in the next tens years and we are not doing public access the way that the cable company defines it, there is flexibility on how we use that money. I totally agree with the goal. 'But there are things that aren't listed in there that we may be doing that maybe the cable company will give us problems with in terms of spending that money like internet access or who knows the next technology, the next wave presenting and producing local producing. And so I like the idea of having one term but having it mean everything. Things we know about and things we don't know about. But we didn't decide to do that. Horow/ But you also said the one good thing is that they can reevaluate it within three years. Kubby/ Right. We may or may not be able to change that language in a future date. The other thing I hear a lot about from people is I call on the phone and they don't answer or the phone line is busy and in here we have some customer service standards. So if people are having trouble getting through the way that we can use that information in the tri-annual review times is This represents only a reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 #23 page 3 for you to call our cable specialists in our cable office so that we know that there are problems. We can document them in a formal way so that we can use that as part of our monitoring system. Nov/ I have to clarify. we are not talking about PATV anymore. You are talking about TCI. Kubby/ Right. Thank you. And I hope that we can fix channel 12 because what has happened recently is that Iowa Public Television is now on channel 12 and you basically can't see what is going on there. So I hope that part of this rebuild fixes that problem. I also want to express my support for public access as a concept and public access television. In particular in how you keep changing how you provide those services to the community and would encourage us to not only get a contract discussions started soon but feel that it would only be appropriate to have a ten year contract with the entity providing public access to the community versus say a two or three year contract and having those same kind of tri- annual reviews the same years we do it with TCI. That is what I hope happens when we deal with a contract with PATV. Horow/ Anyone else? Pigott/ I would like to add, you know- So maybe people don't understand to some extent the sort of negotiating posture that the city has with any cable company. We are at a disadvantage for the beginning on any negotiating profess. It is extremely frustrating disadvantage as well and I just wanted to thank Dale and Drew and all the people that worked so hard on the renegotiation. It was a frustrating long process which I know they expressed frustration with and they fought to get as much money as we did and I am particularly happy that we had a $.50 pass through as well as the $149,000 and those things will help our community and so I think we can be proud of some of those things. I do wish it were stronger but I know that it is a very difficult process and that the federal law allows cable companies that sort of advantage in negotiations. Horow/ Part of the negotiation was obviously the paper trail and us going around to different groups. I know that Drew and I went to Regina School Board and to the Iowa City School Board and we even-I mean it was almost like we were bringing them something that they were rally not aware of that they could take advantage of. And I was very please to see in here the free drops that include not only every single school within Thisrepresents only areasonably accuratetranscrlption ofthelowa City counctlmeetlng ofDecemberS, 1995. F120595 #23 page 4 Iowa City sites but Regina, Regina High School, Willow Wind, Kirkwood Community College, the public buildings or civic center, Senior Center, recreation Center, library, the fire stations, the broadway Street Neighborhood center, Pheasant Ridge Neighborhood Center and future neighborhood centers as well as future access organizational sites. I mean that- You know, I think the staff has done a tremendous job in terms of responding to listening to the needs that came out of that almost like a traveling road show of all right, we are on this mode of refranchising, what is it that you need and I agree with you. I think the staff really deserves a beck of an awful lot of kudos for sticking with it. It was great. I also appreciate very much the fact that this has in it a potential for intercable connections. I think our metropolitan area each of our cities really should be able to not only see what each of us are doing but will be affected by this but also they now have the ability to run us off if they want to have their council meeting which I am sure they are glad for. But that too is something that had to be explained very carefully and urge that the cities or the other entities look at their own franchise language so that they were assured that they had that paragraph for intercable coordination just like we had it. It has been a long time a coming. It really is I think very well done. Any other comments? Roll call- (yes). resolution is adopted. This represents only e reasonably accurate transcription of the Iowa City council meeting of December 5, 1995. F120595 City of Iowa City MEMORANDUM DATE: December 1, 1995 TO: City Council FROM: City Manager RE: Work 5ession Agendas and Meeting Schedule December 4, 1995 6:00 P.M. - 6:30 P.M. 6:30 P.M. 7:15 P.M. 7:20 P.M. 7:50 P.M. 8:45 P.M. 9:00 P.M. December 5, 1995 7:30 P.M. - December 11, 1995 6:30 P.M. - December 18, 1995 6:30 P.M. - December 19, 1995 6:30 P.M. - Monday City Council Rules Coneittee - City Manager's Conference Room Separate agenda posted City Council Work Session - Council Chambers (TIMES APPROXIMATE) Review zoning matters Near South Side Redevelopment Plan First Avenue Reconstruction Design Alternatives Fringe Area Agreement Discussion West High Driveway/Traffic Signal Council agenda, Council time, Council committee reports Tuesday Regular City Council Meeting - Council Chambers City Council Work Session - Council Agenda pending Chambers Monday City Council Work Session - Council Agenda pending Chambers Monday Tuesday Regular City Council Meeting - Council Chambers PENDING LIST Appointments to the Historic Preservation Commission and the Parks and Recreation Commission - January 16, 1996