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) .
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F121995
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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.
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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
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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
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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
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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-
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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.
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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
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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.
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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.
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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).
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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
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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
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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,
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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
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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
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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
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F121995
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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?
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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
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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).
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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.
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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).
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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
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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.
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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