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HomeMy WebLinkAbout1995-12-19 AgendaIOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF DECEIVIBER 19, 1 995 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON Subject to change as finalized by thb City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. ~ AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING - DECEMBER 19, 1995 7:30 P.M. COUNCIL CHAMBERS ITEM NO, I - CALL TO OIlDER. ROLL CALL, a. Presentation of Citizenship Awardsto students of Longfellow Elementary' School: ITEM NO. 3 - (1) J. Ashley Calkins (2) Cassye Dunkhase (3} Phil Wiese ~ (4) Chris Williams a. A Day of Recognition for the Iowa City Host Lions Club - December 15, 1995. b. Howard Vernon Day - December 15, 1995. ITEM NO. 4- CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Approval of Official Council actions of the regular meeting of December 5, 1995, as published, subject to corrections, as recommended by the City Clerk. b, Minutes of Boards and Commissions. (1) Board of Library Trustees meeting of November 16, 1995. (2) Parks and Recreation Commission meeting of November 8, 1995. (3) Broadband Telecommunications Commission meeting of Novem- ber 27, 1995. (4) Planning and Zoning Commission meeting of December 7, 1995. (5) Historic Preservation Commission meeting of November 14, 1995. (6) Rules Committee meeting of December 4, 1995. Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 2 ~/5 -35 q c. Permit Motions as Recommended by the City Clerk. (1) Consider a motion approving a Class "C" Liquor License for Yen Ching Restaurant, Inc., dba Yen Ching Restaurant, 1803 Boyrum St. (Renewal) (2) Consider a motion approving a Class "C" Liquor License for Gasthaus, Inc. dba Jirsa's. 819 First Ave. (Renewal) 13) Consider a motion approving a Class "C" Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos 0'Ke)ley's Mexican Cafe, 1411 S. Waterfront. (Renewal) (4) Consider a motion approving a Class "C" Liquor License for Baxter, Inc., dba The Break Room, 1 578 First Ave. (Renewal) Setting Public Hearings. CONSIDER A RESOLUTION FIXING A DATE FOR A MEETING ON JANUARY 16, 1996, ON THE PROPOSITION OF THE ISSUANCE OF $6,200,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a date for a public hearing on January 16, 1996, at 7:30 P.M. in the Council Chambers to receive oral and/or written comments from any resident or property owner regarding the issuance of $6,200,000 General Obligation Bonds. This resolution will give the City Council the option of issuing General Obligation Bonds and/or Revenue Bonds to pay for the Water project costs. The City Council approved a resolution on December 5, 1995 that gave staff the authority to issue up to $6.2 million of Water Revenue Bonds. (2) CONSIDER A RESOLUTION FIXING A DATE FOR A MEETING ON JANUARY 16, 1996, ON THE PROPOSITION OF THE ISSUANCE OF $28,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a date for a public hearing on January 16, 1996, at 7:30 P.M. in the Council Chambers to receive oral and/or written comments from any resident or property owner regarding the issuance of $28,000,000 General Obligation Bonds. This resolution will give the Citv Council the option of issuing General Obligation Bonds and/or Revenue Bonds to pay for the Wastewater project costs. The City Council approved a resolution on December 5, 1995 that gave staff the authority to issue up to $28 million of Wastewater Revenue Bonds. Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 3 (3) CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 16, 1996, ON PLANS, SPECIFICATION, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE HIGHLANDER AREA SANITARY SE~NER, LIFT STATION, AND FORCE MAIN PROJECT. Comment: This project involves sanitary sewer, lift station, and force main improvements in the Highlander Area as obligated under the conditions of a CEBA Grant. Preliminary cost estimate is $ 348,000 and will be funded by-1995 General Obligation Bonds. Motions. (1) Consider a motion to approve disbursements in the amount of $4,665,691.60 for the period of November I through November 30, 1995, as recommended by the Finance Director subject to audit. Disbursements are published and permanently retained in the City Clerk's Office in accordance with State Code. f. Resolutions. (1) CONSIDER A RESOLUTION ESTABLISHING THE FREQUENCY OF MAINTENANCE INSPECTIONS. Comment: Recently, Housing Inspection staff discovered that the frequency for maintenance inspections was deleted from the Housing Code with the recodification of the City Code, This resolution makes no change to frequency of rental inspections and reestablishes the inspection schedule in effect prior to the recodification of the City Code. (2) CONSIDER A RESOLUTION ADOPTING AMENDMENTS TO IOWA ClTY'S CONSOLIDATED PLAN, KNOWN AS CITY STEPS, FOR FY1996-FY2000. Comment: Iowa City is required to submit an Annual Action Plan, as part of the CITY STEPS Plan to the U.S. Department of Housing and Urban Development. The Annual Action Plan (~ontains priorities, strategies and goals for housing, jobs and services for low income residents. A public meeting was held on November 15, 1995, to receive public input and discuss amend- ments to said plan. In addition, a public hearing was held on the proposed amendments on December 5, 1995. No comments were received. Action: Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 4 (3) (4) CONSIDER A RESOLUTION ADOPTING THE CITY OF IOWA CITY COMPREHENSIVE HOUBING AFFORDABILITY STRATEGY {CHAS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1995, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID REPORT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Comment: Iowa City is required to prepare a CHAS Annual Performance Report (APR) for fiscal year 1995 in order to assess the City's performance in relation to the objectives set forth in the 1995 CHAS Annual Plan, 'A public hearing was held on December 5, 1995; no public comments were received, CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING LIFE LIEN EXECUTED FOR PROPERTY LOCAT- ED AT 1213 FIRST AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 121 3 First Avenue received assistance through the CiW's Housing Rehabili- tation Program on July 15, 1991. The financing was in the form of a life lien for the amount of $2,680, which was amended to the amount of $2,415 on December 5, 1995. The note was paid off on December 1, 1995; thus, the lien can now be released. CONSIDER A RESOLUTION AUTHORIZING THE NIA¥OR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OCEAN- MARK RANK, FSB, NORTH MIAMI BEACH, FLORIDA FOR PROPERTY LOCATED AT 841 7TH AVENUE, IOWA CITY, IOWA. Comment: In June of 1989 the owner of the property received rehabilitation assistance through the Comprehensive Rehabilita- tion Program in the form of a Ten-Year Declining Lien for an original amount of 98,500 and in June of 1993 a Life Lien for the amount of t~7,708 and in September of 1995 a Five-Year Rehabilitation Loan in the form of a Promissory Note and Mortgage for the amount of 91,650, for a total amount of 917,858. Oceanmark Bank, FSB of North Miami Beach, Florida is about to refinance the first mortgage to 950,O00. The appraised value is 978,000 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 19, 1995 Page 5 0.5- 3G5 (6) ITEM NO. 5 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SHARED ACCESS EASEMENT AGREEMENT AND A PERPETUAL PARKING EASE- MENT AGREEMENT FOR 820 AND 824 E, BURLINGTON STREET. Comment: Under the Iowa City City Code, James and Sara Hanson submitted a site plan for the development of residential rental dwell!ngs on two contiguous properties located at 820 and 824 E. Burlington Street, Iowa City, Iowa. Tl~e construction of the improvements under the proposed site plan require the properties to be accessed via a shared access and for one required off-street parking space to be provided on the adjoining contiguous property. City staff approved the site plan subject to the property owners entering into a Shared Access Easement Agreement and a Perpetual Parking Easement Agreement. This Resolution authorizes the execution of the necessary Easement Agreements. g. Correspondence. {1) Letter from Robert P. Burns and Charles Eastham regarding CDBG/HOME funding. {2) Letter from Mark Ginsberg requesting funding for the Iowa City Jazz Festival. (3) Letter from Bob Smith regarding the First Avenue Project. {4) Letter from Becky Feuerbacher of Coralville regarding a skate- boarding facility. (5) Letter from Ed Barker regarding water and wastewater rates. END OF CONSENT CALENDAR PUBLIC DISCUSSION {ITEMS NOT ON THE AGENDA), #4 page ITEM NO. 4- CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRE- SENTED OR AMENDED. (3) CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 16t 1996t ON PLA-NS# BPECIFICATION~ FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE HIGHLANDER AREA S~%NITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT. Horow/ Moved by Pigott, seconded by Throg. Discussion. (Reads agenda). Any further discussion? Kubby/ Yes, there is an item in here about a lift station that is part of a CEBA grant. It is important that we as council and the public know that when we put our names on a CEBA grant that allows people to get state money, sometimes it means we are obligated for some local moneys. I mean this is $348,000 going to a sewer project that allows some economic-or that little loss in economic development to occur. So it is another way that we contribute to businesses thriving in Iowa City. Horow/ Good. Thanks, Karen. Any further discussion? Roll call- (yes) . This represents only a reasonably accurate transcription of the Iowa City council meetIn§ of December 19, 1995. F121995 #5 page ITEM NO. 5 D PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Horow/ Public discussion. Items not on the agenda. This is the time we would ask the public to address council on items not on the agenda. State your name, sign in. I would ask you to keep your comments to no more than five minutes. Gary Sanders/ Thank you. Oakland Avenue. I am here tonight to me a sad occasion. Mr. Throg and Mr. Pigott, their last meeting. I have been following the council for about 18 years and I think we have got two of the finest here. I really do. I just want to publicly thank them. I know that they won't just be fading away, hopefully not. I think it is ironic in one case, in Bruno's case. I believe the first time his name came up here in council chambers was some time before he was elected. I came before a previous council to denounce him. The council was trying to appoint him to a commission and I came in here, I had never met him and I said we have a more qualified candidate for this commission. We shouldn't be appointing this guy. Soon, thereafter, I got to follow his work and came to appreciate it. And as for Jim, today I introduced him to a young woman who worked at Bushnell's as a professor at the University and she said, as only the young can do, what does he profess? And I have been thinking about that and it seems to me what he professes is that growth can and should be planned very carefully and I think we owe him a great debt for his thoughtfulness in his term on council. I would like to, in passing, just take a small moment to mention something the Press Citizen said about Bruno on that vote two weeks ago. That he should have finished what he started. Well, it seems to me that the councils that have started this, we can go back over two decades. I don't think any one of you started this vote and I think it was irresponsible of the Press Citizen to be so short sighted in that regard. But I don't want that to be the main focus here. I just want to thank both of them for their service. They are truly-in all of the 17 years or 18 years I have been following council I can't think of two people that I have admired more in their work. Now I am not the mayor. That could be good or bad depending on your point of view. So I can't give you the keys to the city. But as some of you may know my car license plate says IA City. So I have the only real Iowa City vehicle in the state of Iowa and I would like to present both Jim and Bruno with the keys to my car. Pigott/ Thank you, Gary. Thlsrepresem$only areasonablyaccuratetranscrlptlonofthelowa CltycouncllmeefingofDecember19,1995. F121995 #5 page 2 Sanders/ It is always unlocked so you are welcome to use it anytime. It is over on Oakland Avenue if you need it or if you are d.t. and you need it, you are welcome to it. It is not a new car but it is still a good car. Pigott/ It is very kind of you, Gary. Sanders/ That is just a little tool you might need occasionally to start it. But a-Thank you both very much for your years. Horow/ Anyone else care to address council on any issue that is not on the agenda? Gertrude MacQueen/ I am here representing Iowa Heritage Trees. Will you all look at your little packets which I have passed out today. And I would like to speak to you about the things we have accomplished in this program in the past year. We have published four brochures. One each for Northside; Goosetown, I love that name; Longfellow and Oakland Cemetery which describe walking tours featuring special trees. We had a guided tree walk in Longfellow on one of the last nice days of the fall attended by over 50 people. We identify sites for planting special Heritage trees, that is in quotations, in the Northside and Longfellow neighborhoods using city PIN grant money matched by neighbor's support. We have held two public workshops conducted by Mark Vitosh who is originally from Iowa City and is now the ISU fellow in forestry at the creek and at the Rec Center and the other in the Oakland Cemetery. We have created a slide show about Heritage trees which has been used at speaking engagements and we pass out information about the urban forest at community activity fairs. Great sensitivity about the urban forests in city franchise agreements with utility companies has been noticed. They are no longer cutting the middle out of trees where the lines go by. We hope that the city will continue to work with Heritage trees as a superb example of a private public partnership to protect the urban forest. We are in a process of forming a private group which will work with the city maybe 5:1 for the city funds, 1% for out-Something keen like that, okay. We asked to be put on your agenda when it comes time to consider next year's budget so that we can urge that you increase your financial support of our activities. But more importantly that you commit the funds necessary to care for our aging urban forest. Thank you. Horow/ Okay, anyone else care to address council? Michaelanne Widness/ I live at 629 Melrose Avenue. Not that the fat ThlsrepresentsonlyareasonablyaccuratetranscrlptlonofthelowaCitycouncilmeeting of Decemberl9,1995. F121995 #5 page 3 lady has sung with respect to the Melrose Avenue question as least so far as your part of the decision is concerned and in view of the fact that some of you will be departing this body soon, I wanted to come here tonight and make a few very brief comments. I would like to start by saying some thank you's beginning with the former city council. Things were looking rather bleak for our neighborhood in February 1993 when a number of us stood up here and tried to suggest there were serious questions that had not been sufficiently studied in connection with the staff proposal to widen Melrose Avenue to four lanes and the bridge also to four lanes. The momentum at that time seemed almost unstoppable and we be believed we could hear the bulldozers idling in the background as we made our case, but in fact the momentum was stopped which allowed the DOT, of course, and IDOT to become involved in the project by requiring an environmental assessment and the rest as they say is history. But by deciding to delay that vote, that former city council allowed us to believe that even at the 11th hour it was not too late for us to have an impact on the final resolution of this project and we are grateful for that much needed shot in the arm. I would like to thank this present city council for a couple of things. You have devoted an awful lot of time to this issue and we really do commend you for that. But I also want to thank you because during that period of time when the consultants were gathering information for the environmental assessment you all were able and willing to remove yourselves from the arena so that the consultants were able to do their work with pretty much a free rein I think. I believe that we got the even handed impartial final product that we did because you were all sort of out of the picture for that year and a half and I think all of us who live in iowa City are very grateful that you were willing to do that. I would also like to thank city staff, particularly Rick Fosse and Jeff Davidson. They were very helpful. I can't think of an instant where either Rick or Jeff was too busy to answer a question or dig up some bit of arcane information about bridges in town or transportation planning. They were really very nice and we do thank them. Next I would like to comment just very briefly on this process that has transpired over the last almost three years now. In October when you had your final public hearin~ on the Melrose Avenue question, Shelton Stronquist who Ks a member of our neighborhood association stood up here and said that he believed this process had been a constructive one, a wholesome one, a healthy one and we all learned a lot in the process and I thoroughly agree with him. Certainly as far as our neighborhood is concerned we have learned a great deal. First Thisrepresents only areesonably accuratetranscription ofthelowa Citycouncil meeting of December19,1995. F121995 #5 page 4 of all we all got to know our neighbors which is saying a lot considering the rather strange configuration of our neighborhood. As you now know it is mostly these very small cul de sacs with not many through streets and so you really have to make a concerted effort to find out who lives on the cul de sac next to you or two streets away. So we were able to do this and focus in on this issue. We also all learned better how city government works, how municipal projects get done. For some of us this was our first involvement at the local level and I think it was very interesting and very useful for us. And finally and perhaps most importantly, I think we all learned that as citizens in this commaunity, we have an obligation to become aware of issues that are going to affect us. I think the sign that was in Anna Buss's yard this fall "if you don't vote, you can't complain." And I think this is pretty much that way. If you don't pay attention to the issues that affect your street or your neighborhood or your side of town and your community at large, you shouldn't be surprised if you look out one day and find that somebody is doing something that you are not very enthusiastic about. I think the city has learned a lot from this process as well. Judging from the debate about the Summit Street bridge and the First Avenue Widening projects, it appears that the city has come to recognize at least a couple of things. The first being that it is important to involve the community early in the process. I believe that this is the most efficient way to get information and I think it is the best way to get best information. Neighborhoods are not always right but I think they are always worth listening to and it sounds to me that city council agrees with that notion as well. Another thing I think the city has learned is that widening the street to four or five lanes to move a greater number of cars is not the only consideration in solving transportation problem and in fact it may not be the most important consideration. I think if you look at what has happened to the First Avenue discussion, it is pretty clear that no longer will we simply focus on moving cars. I can remember standing up here in 1993 and railing about a statement that was included in JCCOG's arterial street plan. A statement that went something like no longer will the identification of a deficiency signal the immediate or automatic widening to four or five lanes. Well, at that time, that didn't seem to be the case at all. At that time we were talking about widening Melrose and Kirkwood and Dodge Street and I think even Summit Street to four lanes. It is very encouraging to see that there is a wider debate going on now and I think that perhaps we can get to more creative ways of solving problems. The only other thing that I want to say is Thlsrepresentsonlyaroasonablyaccurmetranscrlptlonofthelowa Citycouncil meetingof December19,1995. F121995 #5 page 5 that there will always be people in Iowa City who will say what happened with the Melrose Avenue situation was a waste of time and money. We could have solved this years ago. The city wanted four lanes, the neighborhood wanted two lanes. We should have split the difference and that would have been that. To those people I would say it would have been impossible to know at the beginning of. this process what anybody wanted or what would have worked. This whole process involved educating neighborhoods and cities. Not only about what our options were but what the ramifications of those options would have been. And so this was really a necessary step. It was expensive. There is no getting around it. Not quite as expensive as Darrel Courtney made out in his letter to the Press Citizen. But to that I would say this was a very complicated issue. Even the consultants at their April 19 meeting admitted this was one of the most -I think the word they used was challenging EA's they had ever done. Horow/ Michaelanne, we will have to move on. Widness/ Okay. Well, anyway, I want to thank all of you for your time and I think we did come to the best decision we could possibly reach. Horow/ Thanks for being involved. Anyone else care to address council on any issue that is not on the agenda? Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 6 ITEM NO. 6 - PLANNING AND ZONING MATTERS. Consider setting a public hearing for January 16, 1996, on an ordinance amending the Zoning Chapter by changing the use regulations for a .5 acre property located at 840 Cross Park Avenue from C0-1, Commercial Office, to CC-2, Community Commercial. Comment: At its December 7 meeting, by a vote of 5-1 with Supple voting no, the Planning and Zoning Commission recommended denial of the requested one-lot rezoning. The Commission's recommendation is consistent w~th the staff recommendation. In a letter dated December 12, the applicants Tom and Mary Sundblad request consideration of the rezoning by the City Council. Consider setting a public hearing for January 16, 1996, on an ordinance amending the Zoning Chapter by changing th~ use regulations of an approximate .3 acre preperty located at 1500 Sycamore Street from RS- 5, Low Density Single-Family Residential, to CO-1, Office Commercial. Comment: At its December 7 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended denial of the requested rezoning. The Commission's recommendation is not consistent with the staff recommendation. In a letter dated December 8, 1995, the applicant (4Cs) requests Council consideration of the rezoning. Action: Consider setting a public hearing for January 16, 1996, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article D, entitled "Residential Zones," Section 5, entitled "Neighborhood Conservation Residential Zone (RNC-12)," to clarify the number of roomers permitted in duplex units in the RNC-12 zone, Comment: At its December 7 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended denial of the amendment to clarify the number of roomers permitted in duplex units in the RNC-1 2 zone. The Commission's recommendation is not consistent with the staff recommendation. Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 7 Public hearing 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 amendments 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 recommen~lation contained in the staff memorandum dated November 16. c ,on: Public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," to refer- ence the P~3rking FaciliW 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 Cornmiss,oh's recommendation is consistent with the staff recommendation contained in the staff memorandum dated November 16. Action: Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article 5, entitled "Performance Standards," Section lOB, concerning the location of aboveground storage tanks. (First consideration) 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 CommissioNs recommen- dation is consistent with the staff recommendation contained in the staff memorandums dated November 2. No comments were received at the December 5 public hearing on this item. Action: ~'~/ #6d page 1. ITE~ NO. ~d. Public hearing 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/ Declare the p.h. open. I ask you to state your name, sign in, keep your comments to no more than five minutes. Ernie Galer/ As the wording says on this amendment, it is really what we are hoping to do here is just refine the definition of recycling and I think maybe updating it from the 20 year old definition that basically says recycling pertains only to junk yards and I would urge you to do this and it would allow an Iowa City firm that wants to get into a little more heavily involved in complete recycling process to stay in iowa City and I would also ask you to expedite this as much as possible as I have stated in my letter to you earlier at your earlier consideration. And I also request in line with that that if it is possible that you would give a first consideration tonight so we could move on with this as much as possible. Kubby/ It is not on the agenda. So it would be impossible even if we wanted to. Horow/ We considered this last night and council does not want to collapse the hearings on this. It is an important issue. Thank you. Anyone else care to address council on this issue? Baker/ Did you all talk about that last night? Horow/ No, this was two weeks ago we talked about not collapsing. Kubby/ Usually when we collapse we don't do the p.h. and then- or collapse twice. We usually, if we are going to collapse, just collapse once during the second and third reading. Baker/ But there was a decision not to put it on for first consideration for tonight? Horow/ Right. That was made two weeks ago. What we did discuss last night, however, was we received a letter about another firm that were headed this way. So those two will be separate issues. Anyone else care to address council on this issue? Moved by Pigott, seconded by Kubby to accept correspondence. Any discussion? All those in favor signify by saying aye (ayes). Okay. Declare the p.h. closed. Thisrepresents only areesonably accurate transcription ofthelowa Clty councilmeeting of December19,1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 8 Consider an ordinance amending the Zoning Chapter to clarify the definition of time/temperature signs. {First consideration) 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 Cornmiss/oh'S recommendation is consistent with the staff recommendations, contained in the November 2 staff memorandum. At its November 10, 1995, meeting, the' Design Review Committee, by a vote of 7-0, also recommended approval of the amendments. No comments were received at the December 5 public hearing on this item~ Action: Consider an ordinance amending the Zoning Chapter by repealing Title 14, Chapter 6, Article J, Section 1, River Corridor Overlay Zone. (Second consideration) 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. Comments were received at the December 5 City Council public hearing on this item, Action: #6h page 1 ITEM NO. Consider an ordinance amending the Zoning Chapter by repealing Title 14, Chapter 6, Article J, Section 1, River Corridor Overlay Zone. (Second consideration) Horow/ Now this was where we were going to try to- Nov/ We were if we have six people who agree to collapse- Horow/ Six people were interested in collapsing? Pigott/ Sure. Nov/ This is basically a housekeeping measure. It is too substantive. Kubby/ Can we maybe collapse all at once? Horow/ Can we do this all at once? Kubby/ Can we make a motion to collapse certain items and then vote? Horow/ I could name the individual items but we could collapse them. Woito/ Why don't you move to combine h., i., j., k. Isn't that right? Horow/ Moved by Kubby, seconded by Throg., to combine the items h. through k. Woito/ They are basically all clarifying the rest of the City Code after the Sensitive Areas Ordinance. Horow/ That is right. Woito/ Okay. And then after that move to collapse them all. Horow/ All right. There is a motion on the floor to combine items h. through k. Any discussion? All those in favor signify by saying aye (ayes). Chair would entertain a motion to collapse the readings on the second and third consideration. Nov/ Do we need to read- Horow/ Read the- Thisrepresents only areasonably accuratetranscription ofthalowaCltycouncll meetlngofDecember19,1995. F121995 #6h page 2 Kubby/ Go ahead, Naomi. Nov/ I don't know if I have ever done that. See, I don't even have one. Horow/ Bruno has got the blue one. Nov/ (Reads motion to waive consideration). Horow/ Moved by Nov, seconded by Kubby. Any discussion. All those in favor signify by saying aye (ayes). Woito/ This has to be roll call. Horow/ Roll call- (yes). Nov/ I move that these ordinances, h., i., j., and k. be finally adopted at this time. Horow/ Moved by Nov, seconded by Lehman. Any discussion? Roll call- (yes) . Does anyone want me to read what it was that we just did? The first one having to do with repealing the River Corridor Overlay Zone because that is subsumed under the sensitive areas. The second one had to do with Building and Housing Site Plan Review. The third had to do with the Grading Ordinance and the fourth had to do with public health and safety, namely weed control in natural areas. Making all of these consistent with the sensitive Areas Ordinance. Thlsrepresentsonlyareasonablyaccuratetranscrlpfion of ~elowa CltycouncilmeettngofDecember19,1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 9 ?':5- .5'7oZ i. 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. (Second consideration) 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 1 8 meeting, the Riverfront and Natural Areas Commission, ~y a vote of 8-0, also recommended approval. These recommendations are consistent with the staff memorandum dated October 5. No comments were received at the December 5 public hearing on this item. Action: . ~-~ "/" J. Consider an ordinance amending Title 14, Chapter 5, Building and Housing, Article I, Grading Ordinance, to make it consistent with the Sensitive Areas Ordinance. (Second consideration) Comment: At its October 5 meeting, the Planning and Zoning Commis- sion, by a vote of 6-0, 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. No comments were received at the December 5 public hearing on this item. Action: ~ '~" Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 10 75- 3qo k. 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. (Second consideration) Comment: At its October 5 meeting, the Planning and Zoning Commis- sion, by a vote of 6-0, recommended approval of amendments to the rtatural 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. No comments were received at the December 5 public hearing on this item. Action: /J~'~' "~" 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. (Second consideration) 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 19 staff memorandum. No comments were received at the November 21 and December 5 public hearings on this item. Consider an ordinance amending the Zoning Chapter to require bicycle parking for commercial and multi-familv residential developments. (Second consideration) Comment: At its October 19 meeting, b,/ 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 received at the November 21 and December 5 public hearings on this item. Action: ~(~ ~'/'~ #6m page i ITEM NO. 6m. Consider an ordinance amending the Zoning Chapter to require bicycle parking for commercial and multi-family residential developments. (Second consideration) Horow/ I was going to ask if you would be interested in collapsing this as well for the same purpose? Pigott/ I would be for it. Nov/ This one created more controversy than some of the others. So I am hesitating about collapsing something that created controversy. Baker/ I would be willing to collapse. I am going to vote against final passage but I certainly see no reason to hold it up. Throg/ I am willing to support collapsing but if anybody is strongly affected- Pigott/ Yeah, if somebody strongly objects, I- Lehman/ There was some controversy and I agree that the consensus even from the apartment owners seemed to be that the impact would be negligible and it applies only to new construction. If I thought that there was a major impact and I do disagree with more rules and regulations but even Bruce Glasgow said there was virtually no impact. Nov/ Okay. Pigott/ Great. Then I would like to move that (reads motion to waive consideration). Horow/ Moved by Pigott, seconded by Throg. Any discussion? Kubby/ I guess I would like to ask Larry to reconsider voting against this ordinance. I mean that you agree with the values of this ordinance and everything about it except that we don't have the flexibility for the residential part like we included in the commercial part and hope that you wouldn't feel that was so vital that you couldn't support the overall ordinance. Baker/ I will take that into consideration. Horow/ Right now this is for the collapsing. He is going to take this under consideration. Thisrepresents only areasonably accuratetrenscription ofthelowa CltycouncllmeetingofDecember19,1995. F121995 #6m page 2 Kubby/ I will just say ditto then. Horow/ Roll call- (yes). Moved by Pigott, seconded by Kubby (final consideration). Any discussion? Kubby/ Come on, Larry. Baker/ I appreciate your concern, Karen, but- Throg/ Before you decide. I got a bunch of messages over e-mail from people wondering who that person was proposing this particular ordinance and I said Larry voted against it but he also has a good reason for voting- I had to explain. It would be so much easier, Larry. Council/ (All talking). Baker/ I have conflicting values here. This is not the- CHANGE TAPE TO REEL 95-146 SIDE 2 Baker/ It is a very good ordinance. I have a very real concern that there is some logical flexibility that could have been built into it that is not being built into it. I felt that strongly before and I voted against it and once I take a public position and vote on something, I am very reluctant to change votes on that or else I wouldn't have felt strongly about it the first place. So I appreciate that though but I am going to still continue to oppose it. Horow/ Okay. All right, there is a motion on the floor for the final vote on final consideration. Any further discussion? Roll call- The motion is adopted with Baker voting in the negative. We have finished the P/Z items. And as you know before we began and there was Public Discussion and just as we finished it someone came through the door and didn't quite make it and so Jeanette, if you would care to address council on an issue that is not on the agenda. Please feel free, please sign in, state your name and we will keep you to no more than five minutes. Sometimes we move faster that we think we are going to. Jeanette Ockenfels/ If ! didn't have such a long name, it wouldn't Thisrepresents only areasonabiy accut~etranscrlptlon ofthelowaCl~ council meetingof December19.1995. F121995 #6m page 3 take so long. Everyone on the city and I want to thank you, Horow, for being on the City Board for eight years. I thank you for your support in everything. I have been watching this city on t.v. on Channel 4 everyday and it really helped me out a lot and I think everyone who has been on and I have heard new people are being on and I'll thank him for being on for a long time, too. I appreciate everything everybody has done for this city and that is all I got to say. I congratulate you all. Horow/ Thank you. And I saw you in the Hospice Road Race. I saw you participating. Ockenfels/ (Speaks from the audience). Horow/ Great, good for you. Thank you, Jeanette. Thls represents only a reasonably accurate transc~lptlon of the Iowa City council meeting of December 19, 1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 11 ITEM NO. 7 - PUBLIC HEARING ON PLANS, SPECIFJCATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE, PROJECT. Comment: This project 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 $158,682, of which up to ~ 111,700 will be funded by Federal Surface Transportation Program Enhancement Funds. The remainder will be funded by the General Fund, Road Use Tax revenues, and cost sharing with the University of Iowa. The project will be bid by the Iowa Department of Transportation. Action: ITEM NO, 8 - ?2- CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAl. UNION BRIDGE TO IOWA AVENUE, PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS. ITEM NO. 9 - Comment: See comment above. Action: PUBLIC HEARING ON A PROPOSED CHANGE IN THE LANDFILL USE FEES. Comment: This public hearing is being held to receive public comment on the proposed change in Landfill use fees. The State of Iowa changed the state fee per ton from $4.25 to $3.75. This fee is inclu~.ed as part of the Landfill use fee. The City desires to incorporate the reduction in the state fee ($.50) into the total Landfill use fee and use it for the special cleanup program. The total Landfill fee remains the same at $48.50 and $53.50/ton. Action: #7 page ITEM NO. ? ~ PUBLIC HF~RING ON PLANSt SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE~ PROJECT. Horow/ Declare the p.h. open. Kubby/ I have a question for Rick. I know that last time we talked about this the wording was possible cost sharing with the University and it seems a little more firm now. I wondered if you could outline? Rick Fosse/ Yes. The reason we delayed the bid on this was the University wanted an opportunity to round up their share of the funding and we will share equally the non-federally funded portion up to a cap of $45,400 for each entity. If by chance the bid prices come in very high and we choose to proceed with the project our expenses could go a little higher. Kubby/ Great. Good cooperation. Nov/ Before you sit down, Rick, I asked yesterday that we consider other tunnel borings under RR while we have the machinery here in town and the one I specifically mentioned is Mormon Trek and someone else mentioned the Longfellow neighborhood. So, can we look into that possibility? Fosse/ Yes, we can approach that in two ways. The first way we looked at turned out not to be feasible and that is to include those other two locations in this bid and then if the price was right, go ahead and do them. Because we are bidding them through the DOT it works out to be an all or nothing type of thing. So we would be locked into that price. So at this point and I need to confer with Linda on this a little bit. We may be able to negotiate a change order on those other locations but in all likelihood it would be in excess of $25,000. I don't know if that prevents any complications because really it is a separate project. Or we could, if you desire, begin the plans and specifications for those other two locations right now and as soon as we know who has been awarded the contract, we could put this out for bid and that would give us an opportunity to get the best price possible if that individual bid it knowing they are going to be in town. Kubby/ So, wouldn't necessarily be specifications for the whole project but just boring and we can plug it up until the rest of the project. Thlsrepresentsonlyareasonably accurate transcription ofthelowaC]~ council meetingof December19.1995. F121995 #7 page 2 Fosse/ Right. If we are serious about either option we should begin now the plans and specifications for boring that segment. Horow/ I think that is what council- Nov/ If everybody else agrees just start the planning. Fosse/ Okay. Horow/ Under the Longfellow we weren't so sure about that one. Is that at all feasible? Fosse/ The last study I saw where it ends up lining up on the end of Seventh Avenue (can't hear). Nov/ And if you think of other needs for borings of tunnels you will let us know. The machinery transportation is very expensive in this case. So we can save a little money by doing more than one at a time. Horow/ P.h. is still in session. Does anyone else care to address council on this issue? Declare the p.h. closed. This represents only 8 reasonably accurate transcription of the Iowa City council meeting of December 19, 1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 12 ITEM NO. 10 - CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES BONDS, FINES AND PENALTIES, SECTION 3-4-5, LANDFILL USE FEES. {FIRST CONSIDERATION) Comment: See comment above. Staff is requesting first consideration of the ordinance. Action~ (~b~,~~r'/// ~ ITEM NO. 11.' 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. b. Current vacancies. (1) Airport Commission - One vacancy for a six-year term ending March 1,2002. (Howard Horan's term ends.) (Four males and no females currently serving on this commission). (2) Historic Preservation Commission - Two vacancies - one at-large and one a Brown Street District representative - for three-year term ending March 29, 1999. {Terms of Sue Licht and Kay Irelan end,) {two females and three males currently serving on this commission), (3) Broadband Telecommunications Commission - two vacancies for three-year terms ending March 13, 1999. (Terms of Cordelll Jeppsen and Roger Christian end.) (One female and two males currently serving on this commission). #10 page 1 ITEH NO. 10 - CONSIDER AN ORDINANCE ~ENDING TITLE 3, ENTITLED FINANCES, TAXATION ~ FEES, Ct{APTER 4, SCHEDULE OF FEES, RATESs, CH~%RGEB BONDS, FINES AND PENALTIES, SECTION 3-4-5~ Iaa~DFILL USE FEES. (FIRST CONSIDERATION) Horow/ Moved by Pigott, seconded by Lehman. Any discussion? Kubby/ You know, my gut reaction is when our costs go down because we met our goals, we don't have to pay so much to the state that we should have that reflected in our charges. But because costs are going to continue to go up for dealing with household hazardous wastes we want to maintain our program and possibly have a more permanent collection facility. Or at least have a program more frequently than the state will fund us and we have seen what a success that program is. I feel a little more comfortable taking the 50 cents from the state and putting it into that earmark. fund. If it was just to put in our coffers as "profit" I would not support this. Horow/ Any further discussion? Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 13 ITEM NO. 12 - (4) Human Rights Commission - One vacancy for an unexpired term ending January 1, 1997. (Ken Gatlin resigned.) (Six females and two males currently serving on this commission.) These appointments will be made at the January 30, 1996, meeting of the City Council. CITY COUNCIL INFORMATION. ITEM NO. 13 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. ITEM NO. 14 - CONSIDER A RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION. Comment: The by-laws for this Commission have been approved by the Rules Committee as revised per the Committee's recommendation. (See minutes of the December 4, 1994, meeting of the Rules Committee on Consent Calendar,) #12 page ITEH NO. 12 - CITY COUNCIL INFORMATION. Horow/ City Council Information. Kubby/ I have a long list of things and mostly what it is is a thank you to this council. During the last campaign one of the misnomers that kept being perpetuated was this council is a talking council, this council is not an acting council over the last few years and the facts say that that is incorrect. This council and every individual member on it has worked really hard over the last two years. Individually as council members in terms of constituency work in bring ideas that have come to them from their constituents as well as us working as a group. And I guess I would like to take a couple of times as a tribute to the out going council members to talk about how important part they have been in terms of the long list of things that we have either begun or completed during the last few years. I mean in terms of just looking at development issues we did Rohret Road Reconstruction. We had the Vision 2000 Task Forces which was a new strategy for this community in terms of developing beginnings of a comp. plan. We put out a call to the development community to say we would like to see a little bit more slightly higher density zoning around neighborhood commercial zones and we got some response in two different areas back from the development community. We passed economic development policies focusing on sustainability issues which is a very very important discussion. We revamped the South Side Development Plan that a lot of people said you took so much time to do that, it wasn't worth it. That when you really look at the changes that were made it very much in my mind was worth it. In terms of neighborhood issues we passed an open space ordinance that this is kind of the third try in the community to have support on the council level to have it happen. This council helped make it happen. It passed the Historic Preservation Ordinance which was recently also amended to include conservation zones, to protect neighborhoods and individual historic landmarks. As Michael came in earlier and said, we made decisions about Melrose Avenue which was a very long decision. We talked about traffic calming in terms of the stop sign experiment and we have the line item in our budget now for traffic calming techniques. We started the PIN funding Program Improvements for Neighborhoods that Gert was talking about in terms of the Heritage Tree moneys. We did sewer repairs as a result of some of the flooding of 1993 and we annexed Mormon Trek and Hwy 1 as a result of the neighborhood's people outside of town as well as inside of town saying this is not a safe intersection and we This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 1995. F121995 #12 page 2 couldn't get cooperation from the county so we took it upon ourselves to annex the intersection, make the improvements and get the stoplight in. On the environmental front, we were brave enough to make some very hard decisions about the water and wastewater improvements. A lot of people have given us a lot of grief about it and I think process was very good and it ended up with a better product because of that process. It was because of this council who allowed that process to happen, who revamped our recycling program. We encouraged the Sycamore Farms development that not only had developer giving away half of his land in terms of the conservation zone where there's a no build zone but this developer will create lower cost housing and still make money. We purchased the peninsula with flood mitigation moneys and hopefully will use that for additional alluvial water source. And for me most importantly what this council did was encourage and pass a Sensitive Areas Ordinance. And in doing so, like we did tonight, we repealed an ordinance that was a duplicative thing. In terms of transportation and recreation, we've made great progress on the River Corridor Trail; developed the Whispering Meadows Wetland Park; nine new soccer fields in conjunction with the private organization, the Iowa City Kickers; and in terms of bicycle racks, not only the ordinance we passed tonight, but increased quantity and quality of bike racks in the downtown area being consistent with our commitment for parking for cars, we're now doing it for bicycles. In terms of decreasing the size of government, cost savings to the community, we consolidated our parking and transit department. We consolidated the Committee on Community Needs and the Housing Commission, because they saw that a lot of the issues they each independently talked about were overlapping and we now have one community Housing and Community Development Commission. We refranschised parking revenue bonds creating a one time savings as well as having a longer term lower interest rate. Because of Jim Throgmorton, we talked a lot about how to incorporate shared parking in some commercial zones that will not only be a neighborhood issue in terms of less concrete but also be an economic issue for those commercial zones. And in my point of view, a break through with the water and sewage discussions, decided to do a down payment on the water plant. In terms of housing, we accepted more vouchers and certificates for the Section 8 program. We saw that there were some houses slated for demolition so decided to invest in moving those houses and selling them to a low to moderate income household with affordability guidelines that would assure that affordability over the next 15 years. We did the same thing when we built a component home This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 1995. F121995 #12 page 3 on Fifth Street. And very exciting, this council said that we wanted to begin discussion of the concept of fair share for the scattering of lower cost housing throughout the community. Yes, we did some new things with funding. We funded the Free Med Clinic, the Jazz Fest, the Arts Fest, the Friday Night Series. We finalized the refranchise renewal with TCI that was a four year process. We updated the Human Rights Ordinance to include domestic partnership registration and inclusion of gender identity as a protected class. We instituted domestic partnership health insurance benefits to same sex partners for city employees. Sue as done a great job with student citizenship awards. She is a perfect person as Mayor to be up there giving these awards with enthusiasm to students who are great citizens. And we have made huge investments in the physical upkeep of the Senior Center this last couple of years. So those are just the highlights of things that council has done over the last few years and in a large part because of the energy of our mayor and Jim and Bruno. There are also some big issues that are pending out there that I hope people will stay tuned into. We are going to need lots more discussion. We have yet to complete our comp plan update. In the next seven years we will be continuing discussion about water and waste water improvements and by the time we get done with this set we will be on to the next set. Affordable housing we will have lots of continuing discussions. The Fringe Area Agreement with the county and the Economic Development Task Force where people will be discussing targeting industries and assessing parameters under which we will receive public assistance. We are also looking at HIS committee who is looking at the quality of our services in terms of those kinds of services in the rental market. And the library expansion issues. So there is still-there is always big issues that no council can finish everything. But I really-I have been on three different councils and this to me was a very activist council in that a lot of the issues that I just kind of read off, many of them came not from us but they came from the community saying we need these things to happen and this council made a lot of those happen. Sue, is on as a mayor who did a very good job in her ceremonial role which is a very important role for a mayor when she is welcoming people to the community, when she is going to all of these service organizations and speaking for us and representing us. She has enthusiasm and just does a great job in introducing things. And I have a special place in my heart for Jim and Bruno. Many times I felt alone in my approach to issues in the past on past councils and felt like I had some kindred spirits here and have really grown to respect you even Thisrepresents only areasonably accuratetranscription of theIowa City council meeting of December 19,1995. F121995 #12 page 4 more than I did before and really appreciate the friendship that has built up. I am very sad to see you go but I know I will see you again. Thank you, all three of you, for your time and energy. Horow/ Anything else? Nov/ Since I have already said thank you, I am going to move on. We have a DR Committee that is currently considering the possibility of awards in various areas and people who think there are good projects that deserve awards may contact David Schoon at the city Planning Department and find out how to nominate somebody. Horow/ Great. Anything else? Throg/ You know, I meant to bring a box of donut holes in with me tonight to share with each other. Try as I would, I just couldn't find them anywhere. It is an inside joke. Actually what I want to do is express various kinds of thanks which isn't too surprising given the fact that it is the last council meeting for meo What I want to do is thank the people of Iowa City for giving me a chance to serve you as city councilor over the past months. You have taught me far more than I expected when I first decided to run for office back in August 1993. When I say the people of Iowa City I don't simply mean the people who encouraged me to run for office or who voted for me in November of that year and had supported me since then. I do thank them for they gave me energy, motivation and sustenance at times when I needed it. But I also mean the people who did not vote for me or who advocated positions that I later voted against. When they spoke in public hearings right down here at the podium, I learned that I had to pay close attention to the details of opposing arguments. I learned that I had to do my homework before deciding how to vote and I learned I had to be clear about the values and rationale that guided my own decision. So I want to thank them. When I say the people of Iowa City I also mean, obviously, many fine employees of this city government. Much maligned in a era of hostility to public service, they typically work long hours and do fine work and though I have disagreed with some of their recommendations I have nothing but admiration for virtually all the staff members. The people of Iowa City are lucky to count those staff among their number. And when I say the people of Iowa City I also include the six colleagues on the city~ council. Though I have occasionally disagreed with some of their specific votes, This rspresents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 1995. F121995 #12 page 5 sometimes quite passionately, I want to thank each of ycu for your efforts to act in the interests of your fellow citizens. And I want to thank you for teaching me the intricacies and nuances of decision making action with regard to pretentious issues. Most important I want to thank you for teaching me that elected officials, Larry, were not all these politicians you know that people carry around in their heads. Each in your way strives to do what is best for the people of Iowa City and I admire that in people. Lastly, when I say the people of Iowa City, I include the people who have not yet moved here or have not yet been born and even the other living creatures of our community who have no voice. I have tried to think of them when voting. I hope that our decision will serve them well. So having thanked you, the people of Iowa City, I now encourage you to work respectively with.one and other to improve our city. Iowa City is a good place but it can be so much better. For that improvement to occur each of us must be w%lling to express our hopes and visions and worries. But each of us must also be open to transformation by listening to others. None of us, me obviously included, has sole possession of the truth or some kind of inspired guide to the goodness. To decide well in the public arena we must take each others views into account and then abide by the resulting decision. That is the central task of a democracy and it has made all the more difficult by the constant denigration of government and the disparagement of public life. So, anyhow, I thank you and with that I will be quiet. Horow/ Thank you, Jim. Pigott/ Sue, I, too, have a few thank you's to make. You know it is the end of year and approaching holiday season so it is a time to both look forward and to look back. I look forward to spending in the new year more time with my wife and being involved in the community in a lot of different ways. That should be exciting and anytime you turn a new page and begin something new there is always new challenges. And as we work towards the end of this council meeting I think it is important to look back over the past two years for me. You know, we all on this council has been criticized from time to time for taking too much time to make decisions, for taking not enough time to make decision or just plain old making the wrong decisions. In any case, this council as has past councils have faced tough issues, have listened to the public, have taken care to insure diversity and respected, that is I think a really important thing, we have all respected one another. I have learned a lot on this council and I wanted to This represents only 8 reasonably accurate trenscriptlon of the Iowa City council meeting of December 19, 1995, F121995 #12 page 6 say that I have learned a lot from each of you. I wanted to just point you all out and tell you what I have learned because of each of you brought something to my life that I think is important. Ernie, from you I think I've learned the value of listening and fairly considering issues. You know, and just last night for instance or two weeks ago, when I watched you listen regarding the bike rack ordinance and I heard your consideration of the Sensitive Areas Ordinance, I've heard you fairly considering the issues and coming out with a judgement I think everyone in the community on any of the issues has to say, Ernie Lehman does a fair job of considering the issues. It's very important to me and I respect and admire that. Karen, I've learned the importance of persistence and tenacity from you. You know, for years you've been the sole member of the council representing a sole view point. And you've stuck to advocating those issues, both the big ones and the small ones which you feel are important. ! really respect that. And just last night again I was watching you with admiration as you stuck toward your view of looking at the Talbot's design. For God's sake, one little design, and in thinking about people with disabilities when you were looking at it. That value is something you hold and you follow through regardless of what other people think. I think that's something that all of us can be thankful for. I thank you for that. Naomi, you know, you taught me even and especially before I got on the council, how important it is to speak with those yo~ disagree with. I remember it was 1993 when you came before CCN after this council, or not this council, a council made a vote which the committee for the most part disagreed with. And two weeks later Naomi Novick was in front of CCN and she was explaining her vote to a room full of people who totally disagreed with her. And she did it in a dignified manner and it impressed the hell out of me, and I thought to myself, you know, I'd be lucky to be able to do half as well. So I really appreciated your work with that. Sue, you know I've watched you in meetings with Congressman Leach, in the National League of cities, for God's sake in parades, in any area where we are representing this city and you've led us in that respect admirably. And I really appreciate your leadership, not only of the two years I've been here, but also the years before that. There have been issues we've agreed on and disagreed on, but I've really watched your leadership and really admired it. Thank you. And Jim you know, at times I've felt that serving on this council's sort of been a wonderful seminar on urban planning partly because I'm sitting next to you and listening to you. And I know that in some respects you've been criticized or berated or whatever for your This represents only a reasonably eccurate transcription of the Iowa City council meeting of December 19, 1995. F121995 #12 page 7 knowledge on that very subject. And I think that the city has benefited your great knowledge of that. I certainly have. And I've learned from you on a wide variety of issues. Specifically I've learned about how to open up and think about the broader issues in areas like the downtown and the near south side. And it's important to think about the possibilities of an area as well as thinking about issues contextually and practically and that is something we've all benefited from. Larry, I think you've taught me a lesson in politics and humor. Your skills have been tremendous in negotiating specifically the near south side agreement. In that area you worked with' Jim, Sue, Naomi, the rest of the council to come up with an agreement when people first of all voted it down and you got us together and made sure that we kept on talking about the issue and worked with us to come up with an agreement on something that really may have some big benefits to this city. On the other side of that, your humor's kept me laughing and your friendship has been one I've really appreciated. I thank you. Finally, I'd like to say thank you to the city staff, Steve, Dale, Marian, Linda, the rest, Rick, David, Doug Boothroy, Karin Franklin, David Schoon, all of it from the top to the bottom. I was just downstairs and getting a Coke before the meeting and had a great conversation with a bunch of employees downstairs. I'd also like to thank my supporters who I really appreciated their support through thick and thin. And I wanted to thank the people of Iowa City. They elected me to office. I appreciate having the past two years. Final thing, to Dean Thornberry, who made me in my run for reelection, forced me to articulate issues. And I look forward to seeing him up on council and work hard, and he will in the interest of our community. So I'd like to welcome you Dean and wish you well. Thank you. Horow/ Thank you, Bruno. Mr. Baker. Baker/ I haven't been wearing this microphone. Horow/ We've noticed. Baker/ All you'd hear on the tape replay is coughing so I will talk low. I had not planned to speak at length tonight, one, because I'm basically an ironic person. And I don't sometimes want to be misunderstood. Kubby/ Sometimes? Baker/ Ironic detachment. The problem with irony however sometimes This represents only e reasonably accurate transcription of the Iowe City council meeting of December 19, 1995. F121995 #12 page 8 is that you have to tell people that you're not being ironic so there's no misunderstanding. And so tonight I would like to say I'm not being ironic. I want to say some things about the outgoing council members and I say this from the perspective of someone who, I just counted this up, I've been on the council for, counting this group and the previous groups, I've served with 13 different council members and some of those 13 are remarkably effective. Each has strengths, weaknesses, but I would say that this particular group, this collective body has been a remarkably good group of people for Iowa City and the three of you are part of that collective strength that I think we should be commended for. I think that the public can sometimes argue about our style, but I don't think there's any argument about the substance of the work of this council. I was glad that Karen went through that list. I had not remembered that many things, but it's been a very busy two years. And all of us have participated in that and lead to the those decisions. In particular, Sue, I want to thank you for your work. I remember years ago, before you were on the council, the public perception of you. You were a wild eyed liberal. If the public doesn't remember that. Horow/ I don't think the public also realizes that you were the one who got me involved in all of this by asking me specifically if I'd ever thought about politics. Baker/ Well ~ encouraged you to apply for Planning and Zoning and you worked there. Horow~ Right. It's all your fault Larry. Baker/ That may be good or bad. I'll let the public decide. The public should also know that Sue and I are friends from a long way back and like friends we are allowed to get short with each other every once in a while, but Sue for example was the sort of surrogate stand in godmother for my children's christening. We were friends outside of this council long before she was on it, so I value that and I very much have appreciated and enjoyed working with you these last two years. I think considering the personalities and issues you've had to deal with, you've done remarkably well. And I was glad to see you here and I'm sorry to see you go. I think the public was well served by you. Jim, this is, ~'11 apologize for the honesty here. Throg/ So this is an irony? Thisrepresents onlyareesonably accuratetranscription ofthelowaCt~ council meetingof December19,1995. F121995 #12 page 9 Baker/ No. This is honesty. Throg/ Be fair about this. Baker/ You have driven me crazy on this council sometimes. And I want to be up front about that because it is important that you understand how much I have valued you being here. As much as you drove me crazy, which as Ginger would say is always a short trip, I have found myself preparing for meetings anticipating you, trying to think, what is Jim going to say? What's the approach he's going to take? How do I prepare for that? Because I knew that you were going to be thoughtful and intelligent and you were going to be opinionated and you were going to have some background and some knowledge to bring to everything that you talked about. And even when we didn't agree, I'felt like I was doing a better job because you were on the council and I appreciate that very much. Bruno, you drive me crazy in a completely different way. It is a very personal way and I don't mean this as a reflection on anybody else, but of the three of you and of the people I've worked with in the past, you're I'm going to miss the most. I have enjoyed working with you. This is a personal relationship I hope that the public never ever sees the notes that Bruno and I passed back and forth at these council meetings these past two years. I hope they never hear the discussions we had outside of'the council meetings. Discussions you can only have with someone you're very comfortable with, that you're willing to be privately honest with, someone who can take criticism and give it back just as well. Kubby/ Larry, the book is being published tomorrow. Baker/ I do need to mention that all of you will be characters in my next novel. I changed the names but you all should sooner or later. You have qualities that I think will serve you well outside this council and I hope that you continue to stay involved. We talked politics a great deal and sometimes I think politics sometimes gets in the way of the public's perception of what we're doing. But I will miss you very much and I wish you well in the future and I wish all of you well in the future. Horow/ I appreciate that Larry. I think that you're last comment is very true, that politics does get in the way. This has been a community service which I would urge all citizens to think very comfortable about because this is really what it's all about. Local elected officials are community service at the Thisrepresents only ereasonablyaccuratetranscrlptlon ofthelowa City council meetlngofDecember19,1995. F121995 #12 page 10 very very beginning and it's been very very enjoyable. I have two issues. The TCI of Eastern Iowa will be sponsoring a visit by the C-Span school bus. This is a 45 foot motor coach travelling TV studio and media demonstration center. This is January 8 from 2-6 and it's going to be in the parking lot between the library and Dubuque Street parking area. So this C-Span TV travelling studio media demonstration center. It's a big deal. Pigott/ That's great. Novick/ What's the date? Horow/ January 8. It's visiting our community on C-Span's Campaign '96 tour of American schools and cable systems. Pigott/ So Sue, do you know what that involves? Are they going to .... Horow/ They are- They intend to- You mean here? Pigott/ Yeah. Horow/ They will be talking with people. They want people to come and visit them. If you wish to set up tours and presentations aboard the buses. Teachers and students in the community can learn how C-Span and it's campaign and election program can be used in the classroom. I urge you to call Bill Blough, the general manager of TCI at 351-3984 and when they answer, quickly say, this isn't about my bill it's about the C-Span bus, and I'm sure they will help you. But this really should be very very interesting. So that's one thing. The second thing, it gives me great pleasure to announce that the International Institute of Municipal Clerks has awarded Marian Karr the second sustaining membership in the Academy for Advanced Education. This is a very very honorific position. She out of 10,000 members in the Academy, only around 10% achieve the academy status that Marian has sustained. Well, congratulations Marian. (Applause). Thlsrepresentsonlyareasonablyaccufatetranscrlptlon ofthelowa Citycouncil meetlngofDecember15,1995. F121995 #13b page 1 ITF/( NO, 13b - REPORT ON i%TTORNEY. b. City Attorney. ITF~ FROM THE CITY MANAGER ~%ND CITY Horow/ Ms. Woito. Woito/ Congratulations of Marian Karr. She spoke at our Noon Kiwanis Club last Tuesday, a week ago today on the Census and explained to the Noon Kiwanis and made it very clear that the census takers will be coming to your door, you don't have to let them in but you can't do this by mail and she did a very good job. Thank you. Horow/ Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 14 ITEM NO. 15 - CONSIDER A RESOLUTION APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO SPACE #100, OLD CAPITOL MALL, 201 S. CLINTON STREET. ITEM NO. 16 - Comment: Talbots, Inc. has submitted a final design review application for approval of the design of exterior alterations to Space #100, Old Capitol Mall. The Design Review Committee will review the project at its December 18, 1995, meeting. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF APPROXI- MATELY 10.27 ACRES OF LAND ADJACENT TO WETHERBY PARK, FOR USE AS PARKLAND. ITEIVI NO. 1 Comment: Both the Parks and Recreation Commission and the Neighborhood Open Space Committee support the acquisition of this property. A parkland deficit of 9.26 acres exists in this district, and considerable growth is anticipated. The City Council, at its work session on July 31, 1995, ga,ve approval to pursue the acquisition, which will expand Wetherby Park to the west and south, bringing its total size to 24.27 acres. The cost is $9,000 per acre, and will be paid from Parkland Acquisition Funds. c,io : CONSIDER A RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND, RECREATION SERVICES AND PRO- Comment: The Parks and Recreation Commission and staff revie~ fees and charges annually, and increases are considered ~n order to help suppo~ the Recreation Division's budget. The Commission s objective is to generate approximately 45 % of the Division's budget from non-prope~ tax revenues. The proposed fee increases for FY97 will help to achieve budget suppo~ in the amount of 44.08%. A three-year plan has been established, with FY97 fee increases being recommended for adoption at this time, and FY98 and 99 fee increases tentatively identified. Some of the FY97 increases will actually be implemented in FY96 because the summer season begins in FY96, but continues into FY97. The Parks and Recreation Commission reviewed and adopted the proposed increases, at their meeting of December 13, 1995. #15 page 1 ITF/~ NOo 15 CONSIDER A RESOLUTION APPROVING THE DESIGN OF EXTERIOR i~LTERATIONS TO SPACE #100, OLD CAPITOL MALLv 201 S. CLINTON STREET. Horow/ Moved by Pigott, seconded by Nov. Discussion. Pigott/ Well, we know who is going to be the first one in the door is what I have to say. Nov/ When they cut the ribbon. Horow/ There are a lot of women of undeterminable age and body shapes in this rural eastern Iowa area who are waiting for this store. We would like to pass the buck more frequently in this area. Lehman/ This doesn't relate to the design of this property but during the time and particularly this last year with the number of businesses d.t. that have gone out of business and left the d.t. or moved. I am really heartened by a store of this caliber deciding with all the other factors that are coming up the next couple of years to locate d.t. and I think we are very very fortunate to have these folks come. Horow/ I think we are and the economic development, tangential economic development, the spin off. I have gotten a lot of feedback from local merchants about the tangential development that they get or money that they get from those people who, for instance, come into town to visit Land's End and this represents the same sort of situation. So that I think more than just the females of the citizenry are waiting for this sort of a situation. It is good. It says something for our city and for our area. Throg/ I would like to echo the comments. It is extremely important to have a striving vital d.t. and the fact that Talbots is coming here is a very good sign. I am really happy about that. Kubby/ We talked a lot about that Talbots is going to have their own entrance, not only inside the mall but outside the mall and I don't at all have a problem with that. I would prefer if there weren't stairs to go into it. I think that my preference is to have the difference between where the store floor is and the entrance-there is a shift in level and instead of having stairs on the outside I think they should have to ramp inside to make it accessible to everybody because I think the space that is there is used by people waiting for our buses but it Thlsrepresents only oreasonably accuratetranscription ofthalowa City council meeting of December19,1995. F121995 #15 page 2 is not a big enough concern to make me say no to the whole design especially because the stairs are constructed in a way that when the door is open, someone using a wheelchair will not fall off the platform. Horow/ And there is a wheelchair access behind the stairs. Right inside. Nov/ And one more comment. They are going to put up real awnings. So if it raining you may have some shelter under those awnings. Horow/ All right. Roll call- (yes). The resolution is adopted. Oh it was, oh it was. Thlsrepresentsonlyareasonablyaccuratetranscrlptlon ofthelowaCl~ councllmeetlngofDecember19.1995. F121995 #16 ' page ITEM ~0. 16 CONSIDER A RESOLUTION AUTHORIZINS THE ACQUISITION OF APPROXIMATELY 10.;-7 ACRES OF LAND ADJACENT TO WETHERBY ]~ARK, FOR USE AS PARKLAND. Horow/ Moved by Nov, seconded by Pigott. Discussion. This is a lot of money but it is needed space and it will certainly enhance that area of the city. Nov/ And it is nice to know that our Hotel Motel Tax is going to this good cause. Horow/ ¥eah. No, this is exciting. Roll call- (yes). Thlsrepr~entsonly areasonablyaccurate~anscrlptlonofthelowaCiw councllmeetlngofDecember19,1995. F121995 #17a page 1 IT~4 NO. l?a - CONSIDER A RESOLUTION ESTABLISHING A REVISED SCH~;DULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Horow/ We have split item #17 into item #17a and b. (Reads #17A). This has been split from the next resolution because we are excluding the potter's studio which Karen takes advantage of. Moved by Nov, seconded by Pigott. (yes). The resolution is adopted, absence, Thr¢,g. Any discussion? Roll call- 6-4 and 1 abstention or 1 This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 1995. F121995 #17b. page 1 Horow/ Moved by Nov, seconded by Pigott. Any discussion? Kubby/ I will be abstaining because I work at the potter's at the Rec Center and Horow/ Okay. Any adopted, 5-1 buy clay there. other discussion? Roll call- abstention with Throg absent. studio Resolution is CHANGE TAPE TO REEL 95-147 SIDE 1 Thisrepresents onlyareasonably accuratetranscription ofthelowe CI~ council meetlngofDecember 19,1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 15 ITEM NO. 18 - ITEM N0.19- CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC., OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE UPDATE OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD PLAIN IViAPS. Comment: This contract will update the Federal Emergency Management Agency (FEMA) Flood Plain Maps used to regulate Iowa City's flood plains. Updates will include revisions to reflect observed flooding in 1993, improved detail, expansion to the Iowa City growth boundaries and incorporation of all official Letters of Map Revisions issued to date by FEMA. The cost of this work will be approximately $140,000 and will be funded by General Obligation Bonds. THE MAYOR TO SIGN RIGHT-OF-WAY ACQUISITIONS, PERMANENT EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS IN CONNECTION WITH THE FIRST AVENUE IMPROVEMENTS .PROJECT, MUSCATINE AVENUE TO D STREET. Comment: The City of Iowa City must acquire right-of-way, permanent easements, and temporary construction easements to facilitate the First Avenue Improvements Project, Muscatine Avenue to D Street. This resolution authorizes City .staff to negotiate and the Mayor to sign those documents, including authorization of condemnation if necessary. Every effort will be made to negotiate acceptable agreements without resorting to condemnation. Prior to proceeding with condemnation, staff will notify Council. Action: ~'~/~-'~ #18 page 1 ITEM NO. 18 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST i~N AGREEMENT BETWEEN SHIVE-H~TTERY ENGINEERS AND ARCHITECTS, INC., OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE UPDATE OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEM~) FLOOD PL~INM~PS. Horow/ Moved by Pigott, seconded by Kubby. Any discussion? Mr. Fosse, would you please explain how this will either duplicate or compliment what is going on in the mapping project which we take part through the City County Conference Board. Rick Fosse/ What we will be doing is refine portions of the city that were flown in '91 as part of the project that (can't hear) talked about and the reason for that is-only about $4,000 of $84,000 aerial photography cost is for actually taking pictures. Cost is for ground control and developing information that is on it, topographic information (can't hear). So what we want to do is make sure that the product is not outdated by five years by the time (can't hear). Horow/ so in other words, the photos that were taken that the city and the county and school board voted on in '91, those essentially right now we are updating them for our purposes for flood plain management. Is that right? Fosse/ Yes, at least for this use. One of the reasons for doing this is to get all the structures on it that our current maps (can't hear) and lending institutions use this a lot to find out whether (can't hear). Horow/ And when this is finished this comes back through P/Z and city council. Is that right? Fosse/ It will actually be adopted by FEMA and it will require some council action. Horow/ Okay. Thank you very much. Any further discussion? Roll call- (yes). Th~repres~nts~n~y~r~a~nab~y~c~uratet~anscript~n~fthe~aCi~c~unci~m~et~ng~fDec~mber19~1995~ F121995 #19 page 1 ITEM NO. 19 - CONSIDER A RESOLUTION AUTHORIZING CITY STAFF TO NEGOTIATE AND THE MAYOR TO SIGN RIGHT-OF-WAY ACQUISITIONSv PERFL%NENT EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS IN 'CONNECTION WITH THE FIRST AVENUE IMPROVEMENTS PROJECT, MUSCATINE AVENUE TO D STREET. Horow/ Last evening council discussed this intending to-it was our intention to adopt this but also to have the new council reconsider it to have that be in one of their first- Nov/ What are we talking about? Pigott/ We are going to defer this? Kubby/ No, we were going to go ahead with this knowing- It is not our decision- This was a very unanimous decision to go with the three lane versus a four lane and Dee Vanderhoef of the new council has been talking to some people with some concerns on her part about we making the decision and that for the new council to decide. It is not this council's wish that the new council do that but that is their prerogative. But we wanted to move forward in getting some of the easements so that the project could happen in a timely way so that it is in conjunction with the improvements on that corner. And I guess for me the other important thing to remember is that when this project- Horow/ Wait a minute. I don't have a motion to accept the resolution. Moved by Pigott, seconded by Kubby. Now discussion. Thank you. Kubby/ When the actual project is designed, the neighborhood is going to be part of those discussions and I know there was an article in the paper tonight saying that basically council and the community isn't really looking at ways to avoid conflicts between especially younger aged pedestrians and cars and I think we have looked at some of those issues and hopefully will be able to design everything in a way not only the site plan on the HyVee site but the improvements for the intersection to avoid conflicts between pedestrians, bicyclists and motorized vehicles. Nov/ I concur. I went to a neighborhood meeting and listened to the discussion. Though people said we were not considering those things, we were. Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncil meeting of December19,1995. F121995 #19 page 2 Horow/ Any further adopted. discussion? Roll call- (yes). Item #19 is This represents only a reasonably accurate transcription of the iowa City council meeting of December 19, 1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 16 ITEM NO. 20- ITEM NO. 21 - -3 CONSIDER A RESOLUTION AUTHORIZING THE CITY STAFF TO NEGOTIATE AND THE MAYOR TO SIGN PERMANENT EASEMENTS, ACQUIRE RIGHT-OF- WAY, AND TEMPORARY CONSTRUCTION EASEMENTS IN CONNECTION WITH THE MELROSE AVENUE, WEST HIGH TO DEER CREEK ROAD, RECONSTRUCTION PROJECT. Comment: The City of Iowa City must acquire both permanent drainage easements, right-of-way, as well as temporary construction easements to facilitate the Melrose Avenue, from West High School to Deer Creek Road, reconstruction. This resolution authorizes the CiW staff to negotiate and the Mayor to sign documents, including authorization of condemnation if necessary. Every effort will be made to negotiate acceptable agreements without resorting to condemnation. Prior to condemnation, staff will notify Council. Action: ~~/ CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY TO RECORD FOUR PERMANENT EASEMENTS PREVIOUSLY ACQUIRED DURING THE CONSTRUCTION OF THE TAFT SPEEDWAY SANITARY SEWER ASSESSIVIENT PROJECT COMPLETED IN 1985. Comment: The Engineering Division recently discovered that four easements relating to the Taft Speedway Sanitary Sewer Extension Assessment Project which were approved by the property owners, but never executed by Council or recorded with the County Recordefts Office. These permanent easements are still needed for repair and maintenance of the sanitary sewer; this resolution authorizes execution and recordation of the four easements acquired in 1984. Action: ~2~.~ Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 17 ITEIVI NO. 22 - ITEM NO. 23 - 5-377 ITEM NO. 24. - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN NNW, INC. OF IOWA CITY AND THE CITY OF IOWA CITY TO PROVIDE ENGINEERING SERVICES FOR THE REDESIGN OF THE MELROSE AVENUE BRIDGE REPLACEMENT PROJECT. Comment: This project involves the replacement of the existing Melrose Avenue Bridge, which spans over the Iowa Interstate Railroad, and approach roadways from Olive Court in University Heights to just east of Hawkins Drive, Contracted engineering services for the redesign of the project including concept statement phase, preliminary plan phase, and final plan phase will total $71,800 and will be funded by road use tax, Construction is tentatively scheduled to begin July, 1 996 and will require approximately twelve (12) months to complete, Action: CONSIDER RESOLUTION AU THE MAYOR TO SIGN AND THE CITY CLERK ATTEST TO AN AGREEMENT BETWEEN MMS CONSULTANTS, INC. OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSTRUCTION SURVEY SERVICES FOR CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. Comment: This agreement will provide for construction staking and surveying along the route of the South River Corridor Interceptor and Relief Sewer as necessary to provide alignment and grade for the construction contractor. The negotiated cost of this work is $181,500 and will be funded with sewer revenue bonds. G THECONSIDER A RESOLUTION AUTHORIZIN MAYOR TO SIGN AND CITY CLERK ATTEST AMENDMENT NUMBER 2 TO THE AGREEMENT DATED OCTOBER 26,1993, BETWEEN STANLEY CONSULTANTS, INC., OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT, Comment: This amendment will provide for limited engineering consulting services during construction of the South River Corridor Interceptor and Relief Sewer Project. It is desirable to have Stanley Consultants assist the City in implementing the construction contract in those areas where outside professional engineering support is needed. The cost of this work is $85,000 and will be funded with sewer revenue bonds. #22 page 1 ITEM NO. 22 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN NNW, INC. OF IOWl% CITY AND THE CITY OF IOWA CITY TO PROVIDE EN6INEERING SERVICES FOR THE REDESI6N OF THE MELROSE AVENUE BRID6E REPL~CF~IENT PROJECT. Horow/ Moved by Nov, seconded by Pigott. Discussion. Nov/ Yes. Did we check dates? Were they corrected? Woito/ Yes. The date of December 11 was correct. We did forward concept plan already and Denney and I amended Section B to call attention to the fact the preliminary plan phase is for the part from Hawkins Drive west. But the concept phase is for the larger portion to Byington. So, we just typed in that portion on- Nov/ So it is clearer than it has been? Woito/ It is clear now, yes. Nov/ Thank you. Horow/ Okay. Woito/ And we corrected the typo. Horow/ Any further discussion? Kubby/ Rick, is it possible to use federal bridge money for design work or is that the community's responsibility? Rick Fosse/ Well, in this instance the maximum amount that we can spend on this project is $850,000. We will be able to spend all of that on construction. So- Kubby/ You say that so positively. Fosse/ Yes, we will be able to. So it is not worth our expense to go through the federal procurement procedures for consulting. Horow/ Any further discussion? Roll call- (yes). Resolution is adopted. Thisrepresents only areasonebly accurate transcription ofthe Iowa City council meeting of December 19,1995. F121995 #23 page 1 ITEM NO. 23 - CONSIDER RESOLUTION AUTHORIZING THE }~YOR TO SIGN AND THE CITY CLERK ATTEST TO AN A~REEMENT BETWEEN MMS CONSULTANTSt INC. OF IOWA CIT¥~ IOWi%t AND THE CITY OF IOWA CITY TO PROVIDE CONSTRUCTION SURVEY SERVICES FOR CONTRACT i - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. Horow/ Moved by Pigott, seconded by Throg. Discussion. Nov/ Our waste water fees at work. Horow/ Yes, it certainly is. Woito/ And Naomi, I did add gender identity to that agreement. Nov/ We had added that to all of the other contracts in the agenda. Woito/ I had approved this two weeks before and I hadn't thought about that one. Horow/ Okay, thank you. Roll call- (yes). Resolution is adopted. Thlsrepresents onlyareasonablysccurate transcription oftbelows Ct~ council meefingofDecember19,1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 18 ITEM NO, 25 - ?5- ITEM NO. 26 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AMENDMENT NUIVIBER 3 TO THE AGREEMENT DATED OCTOBER 26, 1993, BETWEEN STANLEY CONSULTANTS, INC., OF MUSCATINE, 10WA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES FOR IMPROVEIVIENTS TO THE WASTEWATER TREATMENT AND COLLECTION FACILITIES. Comment: This amendment is necessary to repackage the final Wastewater Facilities plans and specifications to bid the Napoleon Park Pump Station and North Wastewater Plant Improvements (Contract //2) separate from the South Wastewater Plant Improvements (Contract //3). In addition, the following new project components are included: 1. Holding tank waste dump station at North Plant - $85,O00 2. New bar screen equipment to replace existing bar screen equipment at both North Plant and South Plant Influent Pumping Stations - 9350,000 3. Fiber optic line from Napoleon Park Pumping Station to North Plant - $70,000. The negotiated fee for this amendment Number 3 is $79,000, and will be funded with sewer revenue bonds. The estimated bid date for Contract 2 is May 1996 and Contract 3 is March 2000. CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION. Comment: Donna Johnson (formerly Prohaska), mother, and Mary Ann Prohaska, child, filed a lawsuit in the Johnson County District Court, No. 55744, against the City of Iowa City with regard to injuries sustained by Mary Ann Pr. ohaska on June 30, 1992, as a result of a collision between an automobile and the bicvcle she was riding within an uncontrolled intersection in Iowa City, Iowa. On October 10, 1995, during executive session, the Citv Council authorized the City Attorney to enter into a settlement agreement with Donna Johnson and Mary Ann Prohaska and with the City's excess liability insurance carrier, as in the best interest of the City and the parties involved. This Resolution confirms and ratifies the settlement agreement negotiated by the City Attorney, contingent upon execution of an appropriate release and dismissal of Johnson County District Court case No. 55744, with prejudice. Action: //25 page 1 ITEM ~0. 25 CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AMENDMENT NUI{BER 3 TO THE AGREEMENT DATED OCTOBER 26t 1993t BETWEEN STANLEY CONSULTANTSt INC., OF MUSCATINE, IOWA, ~ THE CITY OF IOWA CITY FOR CONSULTIN~ SERVICES FOR IMPROVEMENTS TO THE WASTEWATER TREATMENT AND COLLECTION FACILITIES. Horow/ Moved by Pigott, seconded by Throg. Any discussion? Kubby/ When the term new project components-these really aren't new projects. They are just projects that weren't in these contracts previously that need to be moved up because the time frame has changed. Is that correct? Schmadeke/ No. They are actually new components to the project. Kubby/ They are? Well, will you explain them a little more then because one of the things people say is you know, you told us the amount of the new improvement. They were going to be X amount of dollars and this is adding up to quite a few new dollars then. Schmadeke/ Right. The holding tank waste dump station, that is primarily for septic tank waste and those costs will be recovered with the new fees for discharges. The new bar screens with the Napoleon Park pump station-there will be new bar screens in that project and make those-the new screens at the north and south plant. We are recommending now to make those compatible with ones at the pump station so that we have interchangeable parts, spare parts. We are recommending that those be replaced now. That is in addition to what we had in the original plan because of the condition of those screens. Kubby/ So that compatibility is worth $350,000? Schmadeke/ Well, they need to be replaced. Kubby/ So why wasn't part of that cost part of the full updating of the facility anyway? Schmadeke/ It just wasn't considered at the time of the expansion of the plant. Lehman/ This is more of a maintenance thing than it is an improvement. We are just replacing something that- Th~srepr~sents~n~y~r~s~n~b~y~ccuratetr~nscr~p~fth~a~c~un~i~m~t~n~fDec~mber19~1995~ F12;99§ #25 page 2 Schmadeke/ It is not an expansion of our (can't hear) to treat waste. And then the fiber optics line was the result of a study on what was the best way for communication between the two plants and that study was done as part of the project. The cost of this component was not included in the cost. Horow/ okay. Any other questions. I think sometimes the n~mbers and the scope of services that we grapple with as we look at a project, you would like to think that everything has been done but in anything as big as this that is impossible. I think the bar screen equipment is a case in point. If you have got to replace them anyway and as you' assess them to see that you need new ones to be compatible with a different pumping station, You didn't anticipate that until you actually investigated it. The fiber optic line, I am surprised that we don't have this in other areas as well. Nov/ This is all based on connecting the north and the south plants. If we are going to dig anyway, we might as well put in fiber optics. Horow/ Okay. Any other discussion? Kubby/ Thank you. Horow/ Roll call- (yes). Resolution is adopted. Thisrepresents only ereasonebly accuratetranscription ofthalowa Citycouncll meeting of December19,1995. F121995 Agenda Iowa City City Council Regular Council Meeting December 19, 1995 Page 19 ITEM NO. 27 - ITEM NO. 28 - ITEM NO. 29 - CONSIDER AN ORDINANCE AMENDING THE MOTOR VEHICLES AND TRAFFIC CHAPTER TO CLARIFY THAT BICYCLES MAY BE LOCKED TO PARKING METERS WHICH ARE EQUIPPED WITH BICYCLE RACKS. (FIRST CONSIDERATION) Comment: This past summer the city conducted a pilot program for bicycle racks attached to parking meters, The pilot program was successful and the use of parking meter bicycle racks is going to be expanded. The proposed ordinance amendment is recommended to make it clear that bicycles can be locked to parking meters equipped with a bicycle rack. Action: / ADJOURN TO EXECUTIVE SESSION, /' (Pending Litigation)p~/~_~ ADJOURNMENT. #27 page ITEM NO. 27 CONSIDER AN ORDINANCE AMENDING THE MOTOR VEHICLES AND TRAFFIC CHAPTER TO CLARIFY THAT BICYCLES F.%Y BE LOCKED TO PARKING METERS WHZCH ARE EQUIPPED WITH BICYCLE RACKS. (FIRST CONSIDERATION) Horow/ Moved by Throg, seconded by Pigott. Any discussion? Kubby/ I think it would be good to get some information to places that sell bikes, bike parts, bike clothing to kind of say you can park here and have a picture of a parking meter that has the structure on it and then one that doesn't with a slash through it so that it is real clear for people and that would be a good place to have that. Horow/ Any further discussion? Roll call- (yes). The ordinance is adopted. Baker/ I am sorry. I wanted to bring something up when we got to this particular issue and I forgot under council time. It was a memo about the Neuzil tract appraisal and I was wondering if the council was still had a majority to go along with it? Horow/ Yes, thank you. Okay. Thlsrepresentsonly areasonably accuratetranscriptlon of theIowa City council meeting of December19,1995. F121995 City of Iowa City MEMORANDUM DATE: TO: FROM: RE: Oecember 15, 1995 City Council City Manager Work Session Agendas and Meeting Schedule December 18, 1995 6:30 P.M. 6:30 P.M. 7:00 P.M. 7:15 P.M. 7:30 P.M. 7:40 P.M. 7:50 P.M. December 19, 1995 7:30 P.M. December 25, 1995 CHRISlIMAS DAY - CITY OFFICES CLOSED December 26, 1995 CITY HOLIDAY - CITY OFFICES CLOSED January 1, 1996 NEW YEARS DAY - CITY OFFICES CLOSED CITY COUNCIL WORK SESSION CANCELLED January 2, 1996 REGULAR CITY COUNCIL MEETING CANCELLED ' January 4, 1996 12:00 noon PENDING LIST Monday City Council Work Session - Council Chambers (TIMES APPROXII~UITE) Review zoning matters Old Capitol Mall Redesign - Talbot's Project Letter of December 11 from Bob Burns and Charles Eastham Economic Development Ad Hoc Committee Census Video Council agenda, Council time, Council committee reports Tuesday Regular City Council Meeting - Council Chambers Monday Tuesday Monday Tuesday Thursday City Council Organizational Meeting - Council Chambers Separate agenda posted Appointments to the Historic Preservation Commission and the Parks and Recreation Commission - January 16, 1996 Appointments to the Human Rights Commission, Broadband Telecommunications Commission, Historic Preservation Commission, and Airport Commission - January 30, 1996