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Home My WebLink About1998-07-28 Transcription#2 page 1 ITEM NO. 2 MAYOR'S PROCLAMATION - Irving B. Weber Day - August 8, 1998 Lehman/Item 2 is a proclamation, and I think probably everybody on this Council and probably just about everybody in the audience knows the person this proclamation is about, and I think we're especially proud to be able to read this one tonight. Whereas Irving B. Weber was a lifelong resident of Iowa City, Iowa, from December 19, 1900 to March 16, 1997, and whereas Irving Weber, for many years, shared his memories and historical facts with his fellow Iowa Citians, and whereas the Iowa City Noon Lions Club of which Mr. Weber was a member has published eight books of Mr. Weber's which set forth an invaluable history of Iowa City, which includes not only historical facts, but memories of events which shaped our City, and whereas on December 12, 1989, in demonstration of the community's appreciation for the historical legacy which Mr. Weber fumished for us, the Iowa City Council bestowed upon Irving B. Weber the title of Official Historian of Iowa City, and whereas it is only fitting that the Iowa City community honor Irving Weber's work and remember Iowa City's history with a community festival. Now, therefore, I, Ernest W. Lehman, Mayor of the City of Iowa City, Iowa, do hereby proclaim Saturday, August 8th, 1998 to be Irving B. Weber Day. Marian Karr/Here to accept is Bob Stein and Darold Albright, members of the planning committee for this event. Bob Stein/Mr. Mayor, members of the Council, ladies and gentlemen, I'm Bob Stein and this is Darold Albright, my pal. And we were both pals with Irving Weber. Thank you, each of you, all of you who have made this possible. We are just privileged to be here to represent this group. There are maybe a dozen or fifteen of us up front, and dozens of folks just behind the scenes doing some wonderful things to make this a great day. We invite all of you to come. Each of you, all of you to come. We're going to have fiddlers and singers and dancers and historical displays. As Tom Wolfe wrote, we're going to have "the right stuff". Please come and be with us. We have a little girl for each of you, created, by in fact, Darold Albright. And he'd like to make some comments as well. Darold Albright/Well, I wanted to say it's a pleasure to be here for this event. I am not only representing the Noon Lions Club, but also the members of the committee that can't be, that aren't here this evening. We've been holding monthly meetings for several months, and now that we've, we're nearing the date, we've shifted into high gear, and we're doing it on a weekly basis, and I think everything is coming together, and it's going to be a fun day. During the day, we have events planned around the library and the Ped Mall, and in the afternoon, and then in the evening, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #2 page 2 at College Green Park, we're going to have games and things for entertainment for people of all ages. In addition, we're going to have food. We originally started out, we're kind of a low-budget group. We originally started out and we were going to have pricing at turn of the century prices. We found out that'd break us up real quick. So, we'll have hot dogs, ice cream, and lemonade, and everything's going to be a quarter. Champion/Wow. Albright/And nobody's trying to make money, we're just trying to defray expenses on this thing. Anyway, we certainly hope that you can join us for at least part of the day, if not all of the day, on Saturday, August 8th. And to the Council and to the Mayor, I thank you for this proclamation of this great man who walked in our midst. Champion/Thank you. Kubby/These gifts aren't worth more than $2.99, are they? Albright/No, they're gift in kind, flee of charge, Karen, yes. No problem. Kubby/Just checking. Albfight/Now, you can take a look at these and hold them up. Now, I'm not responsible for the sizing. Vanderhoef/IfI get an extra large, I'm not going to be mad at you. Stein/Oh, please hold them up. Thank you. Champion/I did get an extra-large. Norton/I think I got yours. Champion/I'd say. O'Donnell/You got me fight, small. Norton/You might turn it around so they can see it. Thornberry/I was looking at the sides. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #2 page 3 Albright/Thank you very much. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #3 page 4 ITEM NO. 3 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Lehman/(Reads agenda item #3). There is an amendment, item, let's see, E9 will be deferred to August 251h. Another item on the calendar which probably, I think, bears noting is that there will be the formation of a committee to draft provisions to assure family neighborhood compatibility for multi-family buildings that are going to be built within existing neighborhoods. There are a number of things on the calendar. Is there any other comment from Council? Kubby/Just that on that, excuse me, on that committee, last night we decided to add someone who lives in a multi-family unit in an older neighborhood, and so if anybody out there falls into that category and would like to participate in talking about how apartment buildings can better fit into older neighborhoods, let us know and you can participate. Thomberry/Move adoption of the calendar. Champion/Like someone who lives in those old apartments on Summit Street. There and Burlington. Kubby/Oh, do you know anybody? Champion/Yeah. Lehman/Moved by Thomberry. Vanderhoef/Second. Lehman/Seconded by Vanderhoef. Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #4 page 5 ITEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Lehman/Item 4 is public discussion of any item that is not on the agenda. Those wishing to speak to the Council should come to the podium, sign your name, address, and please limit your comments to five minutes or less. Larry Svoboda/I'm not sure that I'm clear about items not on the agenda. If you're going to be voting tonight on an issue on the Fire Department coming to false fire alarms --? Lehman/That will be on the agenda, and that will be the time to talk about it. SvobodaJ At that time? Okay, thank you. Michaelanne Widness/My name is Michaelanne Widness. I live at 629 Melrose Avenue, and I'm here for two short reasons. First of all, our, the Melrose Avenue Neighborhood had a picnic on Sunday and the subject of Melrose Avenue came up. And everyone who was there agreed that Melrose Avenue is an enormous success. It looks wonderful. It works beautifully. Of course, the acid test will be when the students come back. But, the change at Melrose Court from that blinking light to a conventional signal has just really ironed out some of the problems we were having, so I wanted to come here and tell you that you can chalk this up in the success category, and in the future, when you are talking about widening streets, I hope you will remember the success of the three-lane Melrose Avenue. The other reason I'm here tonight is to talk to you about buses, city buses. Specifically, about buses that take kids to West High School. I have talked to Joe Fowler about this already, and he was rather receptive to these comments, so that's sort of spurred me to come here and perhaps give another gentle nudge. Our neighborhood is currently served by a couple of buses that go to West High School. Neither one of them is very convenient to get kids there. Either because of the scheduling, or because of where the bus stop drops them off. I went there, today, and got off at the stop, and walked. There are one of two ways to walk from the stops. It either requires a ten-minute walk or a fifteen- minute walk. These are certainly do-able, but it's not very convenient, particularly in light of the fact that one of these walks is on a gravel road, so that in rain or snow, carrying a twenty or thirty pound backpack, I think this would not, teenagers would not consider this to be a real appealing way to get to the high school. Mr. Fowler, when I talked to him, informed me that Dr. Arganbright had written a letter. I guess, I have not seen the letter, but along the same lines of needing some better form of transportation to get kids to West High School. And he also informed me that there is a terrific loop bus on the east side of town that This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #4 page 6 goes to, I guess, Regina, and City and Southeast. It gets kids there in time for Earlybird P.E. It goes an hour later to get them there for the first official period of the day, and then it makes one last sweep and gets kids who may have overslept, or who are late for whatever reason. This sounds perfect. So, ifthere's any way we could get something similar on the west side of town, I think there are an awful lot of parents who would be happy to hear that news. You know, I think there is an equity issue. And I think, if we're serious about promoting alternative means of transportation in Iowa City, we really ought to make it convenient for kids to get to High School using City Buses. Thanks. Lehman/Thank you. Steve, could we ask Joe to give us some options for this? Steve Atkins/Sure. I'll get something back to you. Champion/It may be possible for a bus at certain times of day to go into that loop. I don't know if that's possible or not. Atkins/I just don't know. Lehman/Well, we'll hear from Joe. Any other public discussion? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5b page 7 ITEM NO. 5b PLANNING AND ZONING MATTERS - An ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article V, entitled "Minor Modification Procedures," to allow the height of flee-standing signs to be increased under certain circumstances. (1) Public Heating Lehman/(Reads agenda item #5b). And Council's aware this makes it possible for someone who has a need for a sign in an area that is not topographically visible flom a highway may be able to have a variance that would be done, I think administratively. This is a public heating. The public heating is open. Public heating is closed. (2) Consider an ordinance (First consideration) Lehman/Do we have a motion? Thornberry/Move first consideration. O'Donnell/Second. Lehman/Moved by Thornberry, seconded by O'Donnell. Discussion? Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5c page 8 ITEM NO. 5c Consider an ordinance amending Title 14, Chapter 6, Zoning, Article K, Environmental Regulations, Section 1, Sensitive Areas Ordinance, to add a retention requirement for woodlands in Factory-Built Housing Residential (RFBH) zones. (Second consideration). Lehman/(Reads agenda item #5c). This is one that will require that a certain amount of trees be left in manufactured housing zones, as it is in other residential zones. Norton/Move second consideration. Thornberry/Second. Lehman/Moved by Norton, seconded by Thornberry. Discussion? Roll call- (yes). Motion passed. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5h page 9 ITEM NO. 5h Consider a resolution approving an amendment to the 28E agreement between the City of Coralville and the City of Iowa City regarding future annexations and extraterritorial review of subdivision plats. Lehman/(Reads agenda item #5h). Thornberry/Move to defer till August 251h? Karr/No, can we make it September 22nd, to allow for the joint meeting to occur on the --? Thomberry/Done. September 22nd. Lehman/Moved by Thornberry. Norton/Second. Lehman/Seconded by Norton. Kubby/Maybe someone could explain why we're deferring? Lehman/Well, we looked at this last night, and I think there's some confusion as to what this really means politically, and I think Council would like a little more time to look at this, and also, I think, like to have some comment from Coralville before we, is that a fair --? Champion/Yes. Lehman/Representation of what we had to say? Those in -- Kubby/I don't know if anyone else listening understands that. Champion/I'll agree. Norton/Well, there's boundary issues. Lehman/Well, there are boundary issues regarding who will be doing the review of subdivisions in the two-mile area which extends outside of Iowa City and Coralville, but is still within the County. And there is a division of responsibility as to which city does what. I think we are interested in having a little further discussion before the line is drawn, saying which city will provide that review. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5h page l0 Kubby/Good summary. Lehman/This is just a motion. All in favor- (ayes). Opposed- (none). Motion is carried. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5j page 11 ITEM NO. 5j Consider a resolution approving the Peninsula Neighborhood Plan, a plan for the development of a traditional neighborhood on City-owned property located on the upper peninsula of the west end of Foster Road. Lehman/(Reads agenda item #5j). And I guess, for the public that's not aware of this, this is a project that received considerable input from the Council, the City staff, and the entire community a couple of months ago. This was taken back by Dover, Kohl and Partners, namely Victor Dover and his folks who spent, I think probably ten days or so in Iowa City when they were here. And I told Victor last night, and H1 certainly say this publicly, it was an absolute pleasure working with Victor and his people. They were very easy to work with people, and I think they had the unique ability to get the folks of the community involved, to say what they really thought. And we had a tremendous amount of public input on this. So what we're going to hear tonight, and we're going to hear from Victor, really, this is kind of the culmination or putting together the ideas that were collected here a couple of months ago. We talked about it last night, I think, to quite an extent, and the Planning and Zoning Commission, and the Council, I think enthusiastically support this. But Victor, I'd like you to give us short presentation o- Thornberry/Move adoption of the resolution for purposes of discussion. Lehman/For purposes of discussion. Kubby/Second. Lehman/Moved by Thornberry, seconded by Kubby. Victor? Victor Dover/If we could bring the lights down a little bit, Marian, so folks can see the pictures? Your efforts to deliver a vision for what kind of development should be taking place on the top of that hill, on the peninsula, reaches a real important stage at this time. The idea, of course, is to develop a compact, traditional neighborhood, a new model for Iowa City, on the top of the hill, and protect the forested slopes and the parkland down below. And I'll just go through a couple of the images and the big ideas so folks at home can follow along. As the Mayor mentioned, this was, the process that was used for creating the plan was a hands- on, citizen-driven process involving teams of people working around maps, sharing ideas, and attempting to come to consensus about what kind of plan to have. And the results of that, of those plans, were then merged into the one plan you have before you. There are, there's a booklet which is an illustrated guide to the plan, which covers in some detail all of the ideas and standards that should apply to development there. I'll just hit a couple of them for you. For example, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5j page 12 very important, a mix of housing types throughout the neighborhood. Meaning that it won't be a cookie-cutter subdivision of everything the same, but a mix of sizes and images and price levels and incomes for those households. Additionally, creating inside that neighborhood and interconnected street network so that pedestrians and cyclists, for example, can find it easy to get along and get around. The plan in the booklet is not a final plan. It's a concept plan. This drawing is meant to communicate to would-be developers of the property what kind of thing you'd like to see. But, when you go out to advertise for a development team, they'll have the opportunity to study the site on their own, to review this background information and recommend improvements to it. After putting it through the filter of the hard business realities involved, by analyzing the prices and costs of the different types of development and the price they're willing to pay for the property, they'll be coming back to you with the results of that. The important thing to understand is that this is not a regulatory document at this time. Now, there are some key ideas which are illustrated in renderings throughout the booklet. For example, protecting the green edge and making that a feature and amenity to all of the residents of the neighborhood, instead of just a few. That means that, for example, we'll have locations where the road runs on the outer edge of the neighborhood so that the views into the green are for the public to enjoy, not just for those whose homes happen to back up to it. And, from across the river, you'll be looking at the, and from down in the parkland, you'll be looking at the fronts of homes, not the backs. Of course the streets are very important parts of this, and the concept for the traditional neighborhood is that the streets add value to the homes, that front then, that they become very agreeable and comfortable spaces, based of course on the precedents of great streets in the older parts of Iowa City. When we talk about a mix of housing types, we're not just saying that over in one comer there'll be some apartments and another comer there'll be some houses and what have you. We're recommending a much more variegated approach where on a given block, or on a given street comer, you would actually be able to see detached homes and attached row houses, for example, in combination close together. The key to doing that is design. Marian, the buttons? Okay. We're also recommending a diversity of streets. Now, most of the streets are two-way streets, wide enough for on~street parking, and so on, in a special comer or two, we've also recommended even narrower streets that are even more intimate and more pedestrian dominated than auto dominated, can be created as well. The heart of the neighborhood will be its central square. That's the spot where of course housing and other things will take place, but it's also a natural site for civic purposes like perhaps the Daycare Center, or even if possible a comer store, or the trail head for those who might be coming to the neighborhood to enjoy the park or the trail system. The booklet includes some recommendations to you about this process under which you select This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5j page 13 a developer or developers to build the project. And again, those are outlined in some detail. I'll simply point out a couple. One is, "design matters as much as the price you are paid for the land". Of course, the price you're paid for the land will be an important consideration. But not the consideration that dominates all others. And that message should go out to the developers you invite to propose. There's that idea of allowing their creative responses to improve upon the plan. And then the last one on the list, but not the least important, "an encouragement to those would-be developers to introduce innovative approaches toward getting a mix of economic levels in the neighborhood and ensuring long-term housing affordability as part of the plan, recognizing that much of the plan might in fact depreciate quickly and become very up-market housing." It will be important to devise a strategy under which some of the housing can remain less expensive over the long term. Now there's a step-by-step process outlined under which you can go about selecting the developer. The first step is the top of that list, your resolution accepting the plan. That's the message that this in fact does capture your vision as a community. Then, we'll go into a stage under which would-be developers are asked to submit their qualifications. Not detailed presentations on what they're going to do site-by-site or what have you, but their track record and there wherewithal to pull off the project. Those will be screened, we recommend by a staff committee, and then you enter a second stage where those who are short-listed from that screening process are invited to submit very detailed, very involved, specific proposals, the business deal and how they would approach the design. That should be reviewed under a multi-step process, one step of which we recommend would be a public meeting, a town meeting in which members of the public would be invited to see their shows, to see their presentations. And the feedback from the public at that time should be in writing, and should be confidential, not an open microphone kind of session, because that could create an unfair situation between proposes. But that input could be provided to the selection committee, and factored into the decision about what to come back and recommend to you all, in say the early spring or late winter, as to who is the highest-ranked developer. Mr. Mayor, that's my summary presentation. The booklet you have has had some updates and revisions based on your comments and those from Planning and Zoning last night, other things that we caught, so you've got some new pages there in black and white. But, they were primarily scfivener's errors or you know, slight wording adjustments you recommended during last night's workshop. I'd be happy to answer any questions if you'd like that. Lehman/Are there questions from the Council? Karin Franklin is really the chief architect for the City. And Karin, if you have comments about this -- This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5j page 14 Kubby/Oh yeah? Lehman/No, seriously. I think that we'd love to hear your comments, because you've worked very closely with Dover and everybody else in this process. Karin Franklin/Well, I guess the only thing that I would add is that I think this is probably one of the most exciting projects that Iowa City has undertaken in recent years, and certainly since I've been with the City. And we have a beautiful piece of land here to develop, and I'm looking forward to seeing this built, and working with you and the rest of the Committee on seeing that done. Champion/Thank you. Lehman/Are there questions or comments for Victor? Kubby/I think it's some of the best consultant money we've ever spent, in my time on Council. Dover/Write a letter. Lehman/Victor, that's being done as we speak. Thornberry/Are these books available to the public in any way? Because this is quite informative. Dover/There's a copy available at the public library as well as black and white copies available at the Planning Department. Thornberry/Okay. Kubby/One of the things that, for me, is really important is part of the introduction, there's kind of a letter by Victor. And the last sentence, to me, is the most important, and I appreciate you writing this. It says "Stay the course". And for me, that means if developers come in and say this isn't do-able from our paradigm of how we've done stuff, I want us to maybe say no to everybody, or that I don't want us to compromise on that mixed styles and mixed income of housing or on the long-term affordability part of the housing, or the multi-modal part of this concept plan. And so, I hope that we do follow your advice and that we stay the course. Lehman/This is probably, as redundantly, a public-private partnership as anything I've This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #5j page 15 seen the City do. I mean, this is something, ordinarily in subdivisions, the City can certainly exert our influence in terms of ordinances and whatever in trying to influence what develops. But the bottom line is that developers will develop in whatever way they see fit within the ground rules. This is a case where we as a Council have an, I believe, opportunity is exactly the fight word, to see something occur that would probably not naturally occur, but something that might be a very, very good way of seeing future subdivisions go. And I, anybody who can get these seven folks on the same sheet of music have done an incredible job. And I sense that Council is solidly behind this proposal, and I'm sure we all really look forward to working with it. Champion/It's very rewarding to have been part of this. Lehman/It's been a lot of fun. Champion/It's been a lot of fun. Lehman/Well, let's get out of the fun part. Vanderhoef/I'd like to just thank, I'd like to thank the people who came to the charette and spent their Saturday with all of us, and put in a lot of time volunteering with their ideas and building this whole process together. And then some of them even came down and colored pictures and did everything else getting ready for the big presentation, so we thank you. Lehman/Roll call- (yes). Motion carded. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #6 page 16 ITEM NO. 6 PUBLIC HEARING ON AN ORDNANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY ENACTING A NEW SECTION NUMBERED 8-5-8, ENTITLED "NUISANCE PARTY REGULATIONS," PROVIDING FOR THE DEFINITION AND REGULATION OF NUISANCE PARTIES, AND PROVIDING A PENALTY FOR VIOLATIONS OF SAID REGULATIONS. Lehman/(Reads agenda item #6). Thornberry/Move to defer this to -- Karr/Well, I believe we're going to come back with a revised resolution, or with a revised ordinance for you, so if you'd like to open the public heating and hear comments, if not, we prefer you just close this and we'll come back with another proposal. Thornberry/If there are people here, no, if there are people here that would like to speak to this issue, I think we could open the public heating for this, and then defer that, and maybe even extend the -- Karr/We would prefer you close it, because -- Lehman/I think we need to close the public hearing. We can accept public comment. But I think we're having a public heating on something that's not existing. Karr/That's correct. Kubby/But maybe what we could have is a quick report about what are some of the issues and the goals that we're trying to get at and how we might be looking at revising what's before us, which may impact the comments people make to us tonight. So maybe before we hear from the public, we could get that quick report from the City Attorney? O'Donnell/That's what we're trying to ~nalize. Lehman/Well, may I suggest, procedurally, that we dispense with the public hearing and have a short period of public discussion? Did you move to --? Thornberry/I moved to defer, but I'll rescind my motion. Champion/To what? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #6 page 17 Thornberry/To nothing yet, to open for discussion this issue, if there is any discussion, not -- Kubby/Not as a public heating, you mean. Thomberry/Not as a public hearing. Champion/No, we don't want the public hearing. Thomberry/No, it's not a public hearing, it's just a discussion. Kubby/It was just suggested that we open the public hearing, hear the comments, and close the public hearing. Champion/Can we -- Thomberry/How can we have a public heating on something that -- Kubby/Because it's on the agenda. Lehman/Can we have a public hearing? Eleanor Dilkes/We can open the public hearing, and then close the public hearing. I mean, you can open it. If there's somebody here who wants to talk, but I think it, if you'd like me to, after you open it if I can preface it with some comments about what it's our intention to do, and like that. Lehman/Okay. Public heating is open. Eleanor? Dilkes/I think as we told you last night, yesterday, Staff had some further discussions about this ordinance, and I think we have to, you know, we sort of talked about how this ordinance has evolved starting with the party, the alternative to Riverfest party, and then the keg ordinance, and then the registration ordinance that was sort of proposed, and we sort of then evolved to this, and we found this Ames ordinance that we sort of decided to use. I think there's been a lot of misinformation about this particular ordinance, specifically about whether it in any ways alters the warrant requirements and the police's right to enter onto private property, which it does not and can not. But it is our, we're hoping, I believe the police want to accomplish three things, and that is, one, to allow for a police-initiated complaint as opposed to a neighbor-initiated complaint when you This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #6 page 18 have a party that's out of control. Two, to provide clear authority for the police to restore order if that's necessary. And three, to provide for a municipal infraction penalty which allows for a quicker increase in the fines if the party continues. We believe that we can do those, accomplish those things in a much simpler, easier to understand way, so Staff purposes that we withdraw this ordinance from your consideration and come back with something else. Kubby/Thank you. Thomberry/Very succinct. Lehman/Public discussion? Public hearing is closed. Lehman/The next time we discussion this, we will have a revised ordinance. Do we, at some point, do we need to act on this ordinance that we already decided we don't want? Dilkes/No. Lehman/We just close the hearing and have a new hearing on the new ordinance? Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #7b page 19 ITEM NO. 7b PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF NORTH RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER, PHASE 1, PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. b. CONSIDER A RESOLUTION APPROVING. Thornberry/Move adoption of the resolution. Norton/Second. Lehman/Moved by Thornberry, seconded by Norton. Discussion? This is that area on Riverside Drive adjacent to the Arts building that floods frequently, and this should eliminate that problem. And this is in conjunction, if I'm not mistaken Rick, with the redoing of River Street. Rick Fosse/That's fight. What this project will do is provide an outlet to the Iowa River for both the River Street project and for the future improvements that will happen along Riverside Drive. This project in and of itself will not eliminate that flooding along Riverside Drive, but it's the first step in doing so. It's part of a joint project between the University of Iowa and Iowa City. Norton/When do you see the effect of a real reduction of flooding on Riverside Drive? I'm sure people will be interested in hearing. Fosse/ We'll see some, some improvement, significant improvement, next year. Next year, this, the conduit that's being put in this fall will be extended on up into the parking lot that is west of Riverside Drive and west of the Arts Campus, and the storm sewer pump station will be constructed. Our biggest investment in construction is in this year. Next year, our investment into pumps will be about $92,000. Next year will be a big year for the University for their investment in this. And then, there are additional phases in the out years. In 2001, we're programmed for about $108,000 worth of work, and in 2002, $120,000 worth of additional work. And what that does is captures more of the water up into the watershed and gets it out to the river under its own power rather than needing to be pumped., Norton/Do you think that a pipe from Riverside Drive over to the River, right, sloping I assume? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #7b page20 Fosse/Right. Norton/Would capture some of the water that's sitting on Riverside Drive and drain it right out of there without waiting for it coming down from Manville Heights. Fosse/Oh, you bet. It's, it's the trick of getting the water into the pipe is what needs to occur next year and the following year. Thornberry/Unless the River rises over that bank, and then backs up -- Norton/ Then you're going the other way. Thornberry/Yeah. Fosse/Well, this is designed to work with a certain amount of high water in the River. Lehman/There's very little fall between the level of Riverside Drive and the -- Thornberry/ The River. Lehman/And the level of the River. Fosse/That's fight. The arts campus acts as a levee between the two. Thornberry/The River rises up over that, and backs up. Norton/Ifthat's the case, it'll never work. Good luck. Lehman/Thank you, Rick. Fosse/Sure. Lehman/Any other discussion? Norton/Well, I think it should be noted this is a shared project, at this stage and subsequently between us, the City and the University. Isn't that true? Fosse/Yes. Norton/That's nice. Cost sharing as well. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #7b page 21 Thomberry/I gave that one to him. Norton/You do all the planning and they put out all the money? Fosse/No, no. Financially it's going to be a 50/50 split. But as I said, this is a big year for us. The $415,000 that we're expecting this project to cost, the University will pay about $90,000 of that. But next year, the bigger share will be the University's. Lehman/Very good. Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #9 page 22 ITEM NO. 9 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1998 PAVEMENT MARKING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTION CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING THE TIME AND PLACE FOR RECEIPT OF BIDS. a. PUBLIC HEARING Lehman/(Reads agenda item #9). This is a project that, this is a public hearing, I declare the public heating open. Discussion? Public hearing closed. b. CONSIDER A RESOLUTION APPROVING Lehman/Can we have a motion? Thornberry/Move adoption. Lehman/Moved by Thornberry. Vanderhoef/Second. Lehman/Seconded by Vanderhoef. Discussion? Champion/Well, I'm particularly excited about this, because I see it as a real safety issue in certain parts of town where the latex paint wears off before the season is over, at intersections, and it's a hazard for bicyclists and pedestrians and even for cars. So although it's expensive, I'm looking forward to seeing how it works. Lehman/Just as a way of explanation, we are using a latex paint that has a certain amount of glass beads in it. This, I think it's been said that it lasts sometimes a couple months, I think a couple days is closer. It just doesn't last. This epoxy is way, way more expensive, and should last much, much longer. It should make the roads, I think a lot safer. And this is not a matter of economy, I think this is a matter of safety. We've talked about it since I've been on Council for four years, four and a half years, we've continually had complaints from the public about the striping on the pavement. And this is kind of a pilot project, I believe, if it works, Rick, is this not the sort of thing that we may try in various quadrants of the City on a rotating basis? Fosse/Yes, it is. We focused on some of our arterial streets that we get the most This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #9 page 23 complaints about, and you're fight. If you look at life-cycle costs, this project doesn't pan out. But if you look at performance, that's where the benefits come. Kubby/And the other thing that I would love for us to check into is, I know that we used the latex paint because of environmental concerns of the toxics in the paint being on the street and being part of the stormwater that ends up in creeks and fivers. But if it's going in four times and ten times as fast as the epoxy will, those things balance out and I don't really know how to assess that. Maybe we could get, the next time we do this, get some information about that? Fosse/Okay. Kubby/Slightly higher toxicity, but one-tenth the frequency. Norton/Among all the tests they run at the Water Department, that might be a tough one to tease out, but we can ask Craig, can't we? Fosse/I'll see what I can find in the journals. There's a lot of articles about pavement markings, because all the communities are facing this fight now. Kubby/I'm sure. Thanks. Fosse/(Yes). Champion/Maybe we need to put in colored concrete. Lehman/Roll call- (yes). Motion carded. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #12 page 24 ITEM NO. 12 CONSIDER AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE BY ADDING A NEW CHAPTER 4 ENTITLED "CONFINED SPACE RESCUE" TO PROVIDE FOR THE ESTABLISHMENT OF FEES AND ASSESSING COSTS WHEN UTILIZING THE FIRE DEPARTMENT'S "CONFINED SPACE RESCUE TEAM" FOR PERMIT-REQUIRED CONFINED SPACE RESPONSE RESCUE OR RECOVERY OPERATIONS. (FIRST CONSIDERATION) Lehman/(Reads agenda item # 12). Norton/Move adoption. Lehman/Moved by Norton. O'Donnell/Second. Lehman/Seconded by O'Donnell. Discussion? Dilkes/Excuse me, are you on Item #127 Lehman/I am. Kubby/It's first consideration. Vanderhoef/What happened to 10 and 11 ? Norton/10 and 11 aren't in our book. Thornberry/We don't have 10 and 11. Kubby/I do. I'll pass them around. Thornberry/Would you like to read those? Lehman/Can we do 12 and then go back to 107 Karr/Well, yes, 12, 13 and 14 are all related. But you do have 10 and 11. Vanderhoef/Let's do 12, 13, and 14. Lehman/Well, we're going to do 12, 13, and 14, because none of us have these in our This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #12 page 25 packets, which obviously -- Vanderhoef/Then we'll have a break. Karr/I'll make copies. Norton/I knew there was something I forgot to ask about. Kubby/I wondered where the First Avenue thing was. Lehman/Okay. We've got a motion and a second. We had some discussion about this last night. Do we have someone here from the Fire Department who would like to speak to this? Norton/I saw Andy. Lehman/Andy? I think that in view of the discussion last night, and the comments that were made that we all, as property owners, whether commercial or residential pay taxes, and as a result of this we're entitled to police protection, fire protection, blah blah blah, I think you've made it very clear that this is a very special circumstance created by business and industry that requires a special response. Would you briefly kind of explain why this is a charge item, which, I think I understand now, and I'm not sure I can (can't hear). Andy RoccaJ Certainly. A few years back, OSHA established regulations requiting industry, those with permit-required confined spaces in their place of business to adopt some kind of rescue service. It could either be established in-house or out- of-house. At that time, the Iowa City Fire Department was not equipped, nor trained to provide that service. Since then, we've received that training and equipment. We've spent several thousand dollars and continue to invest annually in the rescue program. Confined spaces, permit-required confined spaces are not designed for continued human occupancy. They may have a hazardous atmosphere and engulfment problem in addition to a limited egress, entry and egress problem. So, we're not talking about the average homeowner's closet or sump pump space. We're talking clearly about commercial, industrial processes that have large tanks, vats, containers, vessels, storm sewers, so on and so forth. So the equipment needed to rapidly make a rescue in this situation is specialized, as is the training. And so it is targeting commercial business and industry. Kubby/Can you talk about the subscription option or the --? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #12 page 26 Rocca/ Yes. What we are proposing is that for $300 annually, business and industry can list the Iowa City Fire Department as their rescue agency. What that will allow us to do is have access to those spaces, train in them if necessary, but work basically with industry, hand-in-hand, to make sure we are equipped and trained to deal with those. For $300 a year, they can list us as their rescue agency. If they elect not to list us as their rescue agency, should they dial 911, we will certainly respond to their call, just as if we would if they were a subscriber. But, the rate will be inflated, it will be about $1,000 an hour, which will offset the costs we incur for the initial response as well as backfilling stations and staffing and additional equipment for subsequent emergencies in the City. Lehman/Andy, I had heard no comment from any business or industry objecting to this. Has anybody else on the Council? Champion/No. O'Donnell/No. Kubby/No, but -- Lehman/Andy, could you tell me -- Kubby/Andy, how widely was that talked about? Lehman/Well,-- Rocca/We've had several contacts. A couple of years ago, prior to us equipping and training for this service, as well as in February of this year, we had a meeting to let business and industry know what our plans were proposing this type of ordinance. Last week we also did a mailing when we found out that we would in fact be on your agenda, and put out the same information, the $300 subscription fee or the inflated $1,000 an hour charge if they elect not to list us. Lehman/So there has been information to the folks that will be affected. Rocca/Certainly there has. And I believe there are some members of industry here tonight as well. Thornberry/ChiefRocca, could you tell me approximately how many business and industries in Iowa City that would fall under this provision through OSHA? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #12 page 27 Rocca/What we did is we mailed to approximately 50 to 60 commercial and industrial users, assuming that some of the, and knowing some of them had these permit- required confined spaces. I believe that at our last meeting in February, there were approximately a dozen of those in attendance, and I think that the split was about 50/50 there. Some certainly wanted to support the proposed subscription fee. Others willing to take the gamble and use us as they needed us. Thornberry/So that you don't get a rash of calls from -- CHANGE TAPE TO REEL 98-92, SIDE A Rocca/Industrial and commercial users. Thornberry/It's just an industrial/commercial thing, and those companies know who they are. Is that? Rocca/Certainly. They're aware of the OSHA regulation. It's been out there for a few years. Thornberry/It's basically an insurance policy if they would care to subscribe to this. Rocca/Right, right. And as I told you, we're trying to offset some of our annual costs for equipment, be it monitoring devices, rescue hamess and training. Thornberry/Thank you. Norton/We did raise in our discussion last night though, it did raise some interesting kind of questions about the overall logic of when a service like fire service is paid on a use basis and when it's assumed to be part of your tax money. For example, when a tanker truck spills in town -- Rocca/Right. Norton/And you respond, who pays? Does somebody have to pay for that? Rocca/Well, we have an ordinance in place that allows us to recover the costs for cleanup in a hazardous materials incident. And this is much like that. It's targeting industry. In that case, it's targeting the spiller. With confined space rescue, again, it's targeting the industry with those types of spaces. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #12 page 28 Norton/But I guess what I'm still a little confused about is what, under which of the circumstances is a fee charged for whichever you do? If a person's car jumps on fire, right, they don't get special charges, do they? RoccaJ Not in this community. There are some communities in the state of Iowa that do charge to put out fires. Norton/I just, I just feel a toe coming through the door here. I'm just getting a little, I just want to think about it more. It's fine for (can't understand) but I think the principle of charges for use is something that we have to look carefully at. RoccaJ And I think Atkins/I think, Andy, if you could, you should relate to them the size of the investment just to get where we are. Lehman/Right. Rocca/Right. I mean right now we have invested $80,000 to date in equipment. Some of that will be used for heavy rescue, vehicular extrication. In addition, $250,000 rescue apparatus that will be delivered this December. Which you can't attribute all the cost to confined space rescue, but certainly a portion of it is attributed to that. So we do have quite an investment. Norton/But we understand there's also upgrading of equipment. Somebody mentioned last night jaws of life didn't used to be around. Now it is. And used very frequently. And a special assessment is not entailed, I think. Rocca/No. Norton/So, it's an issue I just wanted you to know I'm still thinking about. Rocca/I think we're looking at the more specialized applications here, i.e., hazardous materials, confined space rescue. Kubby/I mean, the jaws of life to me doesn't fall into that category, because we all take those risks when we drive. And most people drive at one point or another. And so the risks, many of us share that risk. Versus, I'm not in an industrial boiler or a tank. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #12 page 29 Norton/No, I understand that. That's part of the logic. Kubby/You don't know where your line is. But I'm not through digesting. Lehman/But this is a very, very specific situation we're talking about. Champion/Right. Rocca/Oh, certainly it is. It's well defined by OSHA in the regulation. Lehman/Yes. Which I think differentiates that from most of the other things we're talking about. Champion/And it's not a service that we're obligated to provide. Would that be correct? Roccad It's one we chose to. But keep in mind, with our own City workers, water treatment, wastewater, streets, those folks also have the frequency to get into permit-required confined spaces. Vanderhoef/And there is still an option for the industry to provide their own rescue. Rocca/Oh, indeed. In-house rescue services, they can do that if they elect to. Thornberry/Well, they could have their own fire department, too. But they wouldn't have to. I mean, they don't have to pay to have a fire put out at a company. Lehman/I think it's time for roll call. Kubby/Well, there may be other people who want to talk. Karr/Is there a motion on the floor? Lehman/Yeah, there is a motion, is there not? Norton/I moved adoption, I think. Thomberry/Oh, did you? Norton/I remember. Thornberry/Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #12 page 30 Norton/It wasn't that long ago. Lehman/Andy, did you have something further to add? Rocca/No.. I believe there is somebody here from industry tonight if you would like to hear some of their thoughts on this particular subject. Norton/Yeah. Lehman/Oh, excellent. Kubby/Yeah, that'd be good. Is there anyone who would like to speak? Lehman/Is there anyone else who would like to speak to this? I don't think there's anybody else. Roll call- (yes). Passed. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #13 page 31 ITEM NO. 13 CONSIDER AN ORDINANCE AMENDING TITLE 9, CHAPTER 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS," BY AMENDING SECTION 1, ENTITLED "DEFINITIONS," TO INCLUDE FIRE LANES AND AMENDING TITLE 9, CHAPTER 4 OF THE CITY CODE, TO ADD A NEW SECTION 13, ENTITLED "FIRE LANES". (FIRST CONSIDERATION) Lehman/(Reads agenda item #13). Again, this is one relating to the Fire Department. Norton/Move adoption. Lehman/We do have some, Andy, do you want to speak to this one briefly? Vanderhoef/H1 second it. Lehman/Explain what this is? Moved by Norton, seconded by Vanderhoef. Rocca/ Sure. I can give you a little bit of brief background. Over the years, we've experienced some difficulty in enforcing the provisions of a fire lane on private property. As I said last night, on public property it's not an issue. The local Police Department can, and have, ticketed and towed vehicles under those circumstances. But in a lot of retail occupancies across the community, There are fire lanes posted. And they're probably some of the best parking we have currently right now. We can't rely on them to provide emergency service. So what this proposed ordinance will do is allow the Iowa City Police Department permission to ticket and/or tow vehicles on private property in fire lanes. Lehman/And/or tow. RoccaJ Right. Lehman/That means, in other words, if someone, and I think it's very important for the public to realize this, the fire lanes in front of strip centers, shopping centers and whatnot, say "fire lane". You park there, we will, or we can, we will, I know you said we can ticket them -- RoccaJ What we will do, what our intention is, to meet with private property owners that have fire lanes, or we would request that fire lanes be established. And they will be clearly identified by an approved sign and/or paint markings on the curbing. So there will be a mutual agreement between the City and a private property owner to establish a fire lane. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #13 page 32 Lehman/But will we tow those cars or ticket them? Rocca/We can. The current fire code allows for that fight now, regardless of where a vehicle is at. Lehman/What will be our preference if we can ticket or tow? Rocca/Ticket. We'll tow. Or, excuse me, we will ticket routinely on patrol, police officers on patrol will have the ability to ticket a car that's parked in a fire lane, illegally parked. Lehman/And that will probably be the preferred way of dealing with it instead of towing. Rocca/Right. In an actual emergency, I could see us towing. Lehman/We tow. Right. Kubby/Or if their tickets are above $50 with that ticket, then they'll get towed. Norton/Well, we were talking about that last night. Who can ticket for somebody parking in a handicapped spot on a private property? RoccaJ It's my understanding that the police officers enforce that, as per the provisions of the Code of Iowa. Norton/Okay. Lehman/Okay. So it would be a regulation enforced by the Police Department just like any other parking or no-parking regulation. RoccaJ That is correct. Lehman/Any other discussion? Roll call- (yes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #14 page 33 ITEM NO. 14 CONSIDER AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE, BY ADDING A NEW CHAPTER 3 ENTITLED "FALSE FIRE ALARMS," TO PROVIDE MINIMUM STANDARDS AND REGULATIONS APPLICABLE TO FIRE ALARMS, ALARM USERS AND OWNERS. (FIRST CONSIDERATION) Lehman/(Reads agenda item #14). Thornberry/Move adoption of the ordinance. O'Donnell/Second. Lehman/Moved by Thornberry, seconded by O'Donnell. Discussion? Larry Svoboda/My name is Larry Svoboda. I think that basically the intent of this part of the proposed ordinance is a good idea. But unless I misunderstand it correctly, it's my understanding that I, as a property owner, have one-half of an hour to terminate a fire-alarm that's been set off by somebody like say at 3:30 in the morning in one of my apartment buildings or I'm facing a $500 fine. Is that correct? Roccad Basically, we've got two breakdowns here of this ordinance. We have the improper maintenance aspect for false fire alarms as well as the technical failure. And so we're not dealing with a malicious false alarm. In no way, shape, or form does this deal with the malicious false alarm where somebody walks through a building, pulls a pull station. But we are still having problems getting keyholders to the property. But this does not address the malicious false alarm at 3:30 in the moming in a keyholder situation. Svoboda/That answers my question. Champion/Okay, good. Lehman/Okay. Thornberry/Thanks, Larry. Lehman/Further discussion? Roll call- (yes). Norton/Before we leave this item, I'd just, I'm sorry, I should've made this -- This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #14 page 34 Lehman/No, go fight ahead. Norton/Could you comment on the numbers? Because false alarm things are serious. I mean, the difficulties with them, are they not? Rocca/Excuse me? Norton/How many do you have? Thornberry/Give us the breakdown. Rocca/Yeah, I can tell you. Annually, the last three years, we've experienced about 500 false alarms a year. Now that's down significantly from ten or fifteen years ago when we were approaching the 1,100 mark annually. Thomberry/Wow. Rocca/So we've done a lot of things to improve that, but if you look at the breakdown of the 500, roughly annually, last year, '97, we had 74 malicious false alam~s, 130 system malfunctions, 213 unintentional alarms, and 64 that were classified as other. Kubby/I mean, what happens when you're not going out on a false alarm is you have time to do your prevention work and your inspection work and your training. Rocca/That's correct. Not to mention respond to subsequent emergencies or simultaneous emergencies under these. So we're trying to clean up some of the fire alarm systems in town so they're a little more efficient. Thornberry/Now 30 minutes. There are some times, Andy, that a homeowner, that a property owner can't get to the alarm in 30 minutes for whatever reason. Champion/A football game. Thornberry/And I mean, if it's 35 minutes or 60 minutes, there's, you have several people that you can call. Is that it, you call the people on the list for the business? Rocca/The way it's proposed, there would be two people on the list, that's right. Thornberry/And if neither one of them is available, what happens? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #14 page 35 RoccaJ Well, the clock certainly would start ticking when we request the communication center to contact the keyholder. You know, if someone's not there within 30 minutes, you know, yes, the $500 fee will take effect. Champion/Wow. Thornberry/And is there an opportunity to have a key in a box type of thing? Rocca/We currently have the Knox Box system available. Thornberry/I'm sorry, I don't know what that is. Rocca/The Knox Box is a key vault, basically, that's hooked to the building. We're the only ones with the key. We agree with the owner of the building what the contents of the box are, so that does give us access to buildings. But currently, we do not silence or reset fire alarms due to liability concerns. So it truly is the property owner and/or another security system's responsibility. In some cases, there are third-party security systems that have taken charge of these alarm systems. So there are other options available. Thornberry/Now is this the first, I mean the first time that an alarm goes off, there's a $500 penalty or whatever, or is it multiple times or? RoccaJ We're looking at the two, the two responses prior to that. It's on the third alarm where those instances would take place. Champion/That's pretty reasonable. Kubby/I assume when someone was on the second one that you'd be telling them, on this next one, you're going to get popped for the money. Rocca/That's right. Thornberry/That's three in one year? Rocca/We'll do the best we can to notify them. But typically, they pretty well know where they're at with alarm problems. Thornberry/Is that three times in one year, or three times in a quarter or? Rocca/It's a fiscal year. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #14 page36 Champion/Every year. Rocca/It's a fiscal year, July 1 to June 30. Champion/That's nice. Lehman/I think that's reasonable. Champion/That's not unreasonable. So it isn't just a first-time occurrence. Lehman/Thank you, sir. Thomberry/Thank you. RoccaJ Okay, thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #10b page 37 ITEM NO. 10b CONVEYANCE OF VACATED PORTIONS OF SECOND AVENUE COURT RIGHT-OF-WAY LOCATED NORTH OF MUSCATINE AVENUE AND WEST OF FIRST AVENUE TO THE PLACE/COMMERCIAL REAL ESTATE, (DAVID k. DARR, FAMILY LIMITED PARTNERSHIP II), THE REDEVELOPER OF THE SUBJECT PROPERTY AND OWNER OF ALL ABUTTING PROPERTIES. b. CONSIDER A RESOLUTION AUTHORIZING Lehman/Do we have a motion? Thornberry/Move adoption. O'Donnell/Second. Lehman/Moved by Thornberry, seconded by O'Donnell. Discussion? Kubby/You know, one of the things that I didn't talk about last time when we vacated the alley was sometimes when we make zoning changes like when we, it wasn't this group of people, but when we make zoning changes into more intensive commercial sometimes, like I didn't really realize that what that does is create an atmosphere for other kinds of development to kind of piggy-back on the more intensive development. I know that that neighborhood knew that that was commercial zoning on that comer. But if the Hy-Vee weren't there, Walgreen's wouldn't want to be on that comer. From comments they've made, I've deduced that. And so, sometimes, I don't think we foresaw that when we changed the zoning from a less intense commercial to more intense commercial, and from mobile-home park to intense commercial to allow the Hy-Vee to come in. So it's a lesson for me to try to understand the bigger picture and what the ripple effects are in neighborhoods when we do that kind of zoning change. Not that I voted for that zoning change, but to understand that. And I think the same thing is tree in Coralville with the Coral Ridge Mall. I don't think the community understands the kinds of ripple effects over the next five years for other kinds of strip malls and other things that go on the coat tails of that kind of large commercial development. And I think we should try to be aware of that in the future, that that be part of our discussion. Because it affects the neighborhood's integrity. Changes it. And we should see if it affects it negatively or not in our discussions. Lehman/I think that's a very valid observation. Champion/Sure is. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #10b page 38 Lehman/Development, certain developmere does encourage other development. Other discussion? Roll call- (yes; Kubby "no"). Motion carded. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #11 page 39 ITEM NO. 11 CONSIDER AN ORDINANCE AMENDING TITLE 1, CHAPTER 4, SECTION 2, ENTITLED "CIVIL PENALTIES FOR MUNICIPAL INFRACTIONS," OF THE CITY CODE TO PROVIDE INCREASED FINES FOR MUNICIPAL INFRACTION VIOLATIONS. (SECOND CONSIDERATION) Lehman/(Reads agenda item #11). Thornberry/Move adoption of the ordinance. Vanderhoef/Move second. Lehman/Moved by Thornberry, seconded by Vanderhoef. Discussion? Kubby/I'm going to continue to vote "no" on this because I think it's too high. Champion/I do, too. Lehman/If I am not mistaken, just to comment briefly, my understanding is that most of these infractions are relative to building difficulties where those persons committing the infractions are notified of those infractions and have more than ample time to correct them before they are even cited. Dilkes/We do a notice of violation before we even do the municipal infraction notice. Lehman/So this is not something that anybody can not avoid. They do receive notice. Dilkes/That would certainly be my argument. Lehman/Yes. Thornberry/Now once they've been given this violation, they still have to correct what was wrong on the first place. Champion/Yeah, sure. Kubby/But those -- Lehman/ They do have the opportunity to correct the violation without receiving the penalty. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #11 page 40 Thornberry/That's correct. Kubby/And that argument bodes well for those municipal infractions that are incurred through the Housing Department, which may indeed be the majority. But we do more and more municipal infractions. I mean we just, part of what we're going to do with the party thing is going to be a municipal infraction. And that argument doesn't go, I mean, there are some cases where we have the choice of having it be a simple misdemeanor or a municipal infraction. And if we go with municipal infraction, these penalties go in, and it's not just housing where you get those, you know, we pull people along sometimes to get the work done. Norton/But the state permits you to go up to $500 for the first one. Now what are we going to -- Kubby/Doesn't mean we should. Norton/We're only going to $150 for the first offense. Or $75 for the first offense, currently, and we're moving it up. I'm sorry. Lehman/Okay. Dilkes/$100 for first. Champion/The violation has to be corrected, whether there's a fine or not. O'Donnell/That's fight. Thornberry/And they have the opportunity of correcting it before they get a fine. O'Donnell/That's fight. Champion/Which I think is the point. Norton/To kind of get their attention. Kubby/If we could do this just for the housing part, I might, I might be fine with it. But it's broader than that. Lehman/It's okay to do things wrong in housing and get fined, but it's not if you break some other law. Roll call- (yes; Kubby and Champion, "no"). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #15 page 41 ITEM NO. 15 CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3, ARTICLE B, ENTITLED "PROJECT SPECIFIC TAP-ON FEES," TO CLARIFY THE PLAT PROCEDURES REQUIRED FOR THE ADOPTION OF A PROJECT-SPECIFIC TAP-ON FEE AND CHAPTER 4, ARTICLE F, "SCHEDULE OF FEES" TO CORRECT A SCRIVENER'S ERROR IN THE NORTHWEST SANITARY SEWER PROJECT. (SECOND CONSIDERATION) Lehman/(Reads agenda item #15). Thornberry/I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to finally be passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Vanderhoef/Second. Lehman/Moved by Thornberry, seconded by Vanderhoef. Discussion? Kubby/We're moving this along because we have a specific project we want to apply this ordinance to? By a certain date? Or why are we collapsing? Vanderhoef/For the scrivener's error. Thomberry/For the scrivener's error. It's just an error in -- Vanderhoef/So why prolong it? Thornberry/Yeah. Kubby/No good reason to not follow our regular process. I mean if there was a '- Thornberry/ This is a regular process. It's a Robert's Rules of Order process. Lehman/Roll call- (yes; Kubby, "no"). Thornberry/I move that the ordinance be finally adopted at this time. Norton/Second. Lehman/Moved by Thornberry, seconded by Norton. Discussion? Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #16 page 42 ITEM NO. 16 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT FOR PUBLIC PROPERTY WITH HAWKEYE LUMBER COMPANY FOR RENTAL OF THE VACATED PORTION OF ALLEY RIGHT-OF-WAY BETWEEN LAFAYETTE STREET AND BENTON STREET IN IOWA CITY, IOWA FOR PURPOSES OF STORAGE AND SECURITY. Lehman/(Reads agenda item #16). Thornberry/Move adoption of the resolution. Lehman/Moved by Thornberry. Vanderhoeff Second. Lehman/Seconded by Vanderhoef. Discussion? Kubby/I'm still kind of, excuse me, skeptical that the $200 per year is fair market value. And I know it might be hard to assess, but there are lots of places who have outdoor storage areas that we could figure out the square footage. We do this when we convey alleys, and we should do that when we lease our property as well. So I'm going to support it, but I hope that in the future we, I mean we didn't use to do it when we conveyed public property. We just kind of got a number. And now we do some assessment and we find out what the true fair market value is. And I think we're, this is public property, and that when we lease public property, we should be getting fair market value. Norton/Yeah. Where does this number come from? Kubby/It's what was agreed to. I don't really know what that means. Dilkes/Well, I know Sarah negotiated this lease with Hawkeye Lumber. I think with Ralph Neuzil, their attorney. And I believe it was, it's a real, going to be a real difficult piece of property to value, and again, frankly, there is no true fair market value. There is no number that you say this is fair market value. That's a misnomer. Market, truly fair market value is defined as "what a buyer who is not compelled to buy will pay and what a seller who's not compelled to sell will sell for". Therefore, if you all who are leasing it choose to, do not find $200 to be acceptable, then we could go back and say no, we think -- and I think there was an attempt to sort of do, you know, do some analysis of what was fair, and I think that's how they arrived at the number. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #16 page 43 Kubby/I mean, I understand your point about it's what you can negotiate which is fair market value, but in what we do when we convey property, like we just did for Second Avenue Court, is we look at other areas of town, or in that neighborhood with similar use, what that property is worth. And that helps guide those negotiations. Dilkes/I don't think that I'm telling you that that wasn't done here. I think there was some assessment of that. Kubby/Okay. Thanks. Lehman/Roll call- (yes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #17 page44 ITEM NO. 17 CONSIDER A RESOLUTION DECLINING TO CONSIDER AN APPEAL FILED BY ATTORNEY JOHN T. NOLAN OF THE DECISION OF THE HISTORIC PRESERVATION COMMISSION APPROVING A CERTIFICATE OF APPROPRIATENESS FOR 621 SOUTH SUMMIT STREET. Lehman/(Reads agenda item #17). We need a motion. Thomberry/Move adoption. Lehman/Moved by Thomberry. Vanderhoef/Second. Lehman/Seconded by Vanderhoef. Discussion? George Lance/I'd like to first point out that it's, has always been our hope that this issue could be resolved in the least destructive manner possible. Some circumstances have changed since our last Council discussion. We have sought legal opinion independently of the question of whether we have a right to appeal. This is with Michael Pugh. And his opinion was forwarded in a letter to the City Attorney with some citations. And it's only been today that we've had an opportunity to see the reply. So time is kind of an issue here. The opinion that was forwarded was rejected. And although we haven't had an opportunity to discuss this in any real detail with Mr. Pugh, it's fairly clear that he has some reservations about that, and in fact doesn't agree with a major portion of the response. So the issue appears to be one of what legal opinion is valid in this case. And we've also not had an opportunity to discuss this with other residents of the historic district because of time and because some of them are out of town. So, clearly, further discussion is going to be required to decide what to do. But it appears that there's a stalemate. You're legal authority is telling you her opinion, and our is telling us his, and they're at variance. And so it appears that perhaps the only way to resolve it is to take it to the District Court, which is something that I personally don't particularly want to do. It would be my opinion that it seems as though the issues involved here are not so obscure that they shouldn't be able to be resolved by attorneys discussing it with each other. But apparently the law doesn't always work that way. In any event, I guess the only thing I could say is that further discussion is necessary with the people of the district, and decide at that point what to do. What I of course would hope would be that you would not pass this resolution, but I understand that you have legal opinion that says you ought to do so, and I can understand that. I guess I would just close in saying that I continue to be This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #17 page 45 disturbed by the fact that we are told that as residents of an historic district, we have no legal standing except as it applies to our own property. And this seems to me to be at direct variance with the idea of an historic district. And regardless of how this issue turns out, currently, I would certainly hope that you would take the opportunity to amend the ordinance and address some of the, what we consider to be, clear oversights at the very least in this issue. Thank you. Kubby/Thank you. Lehman/Thank you. Eleanor, would you like to just, you know, give a thumbnail sketch of, my understanding is that what we're doing probably isn't strictly necessary to do, but this is strictly procedural, it has nothing to do with the merits of anything, it's just a matter of legal procedure on the part of the City. Is that correct? Dilkes/It's a matter of procedure. There's no, we're not addressing the substance of the Historic Preservation Commission's decision, but simply whether the City Council or you neighbors have a fight of appeal to the City Council. And as everybody knows by now, my opinion is that there is no such fight of appeal. I mean, if I may just address the timing issue. Lehman/Certainly. Dilkes/That the speaker brought up. I received Mr. Pugh's letter on July 23rd by regular mail, I believe. I responded to that letter in some depth on July 241h. So. Champion/Eleanor, what happens when there's a difference of legal opinion? Does that go to court, or do you go to the Attorney General? How is that, who actually helps negotiate differences of legal opinion? Dilkes/The court in this case. If a party seeks court intervention, obviously. Lehman/Roll call Champion/Can I just say --? Lehman/I'm sorry, go ahead. Champion/I think it's important that people who live in this area understand that if we pass this resolution, decline your right to appeal, it doesn't necessarily mean that we agree with everything that's happened. Or I don't agree with everything that's happened. Or that I agree that you shouldn't have the fight to appeal. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #17 page 46 Norton/I think it's also fair to add that we certainly are taking a look at the general issue that you've raised, George, about the symmetry here in the provision for the applicant to appeal, but not others. But there are some complexities, even then, in defining who would be the parties, and what issues could come before them, and so it's not easy. But I'm sure those issues will be addressed in the future. Lehman/Roll call- (yes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #18 page 47 ITEM NO. 18 CONSIDER A RESOLUTION APPROVING THE CALL FOR ARTISTS AND THE BUDGET FOR THE PUBLIC ART COMPONENT OF THE WATER FEATURE TO BE INCLUDED IN THE DOWNTOWN STREETSCAPE IMPROVEMENTS ON THE PEDESTRIAN MALL. Lehman/(Reads agenda item #18). Thornberry/Move adoption of the resolution. Lehman/Moved by Thornberry. Kubby/Second. Lehman/Seconded by Kubby. Disdcussion? Thornberry/Well, this is just a, this is just a what you see type artist, it's not the fountain itself. The fountain that is there now in the Pedestrian Mall will be, will be relocated and re-used elsewhere. But what this little thing is, it's not that little really. I'm sure glad I started this. Norton/Yeah, really. Kubby/You need a tag team here? Lehman/Or a designated art expert. Norton/Welcome aboard. Thornberry/But I do agree with the, I agree with the concept of having a different fountain. That's about all. Champion/Conceptually, you approve. Norton/Geez, that's the longest "yes" I've ever heard. Thornberry/I'm sure glad I said that. Lehman/Do we have other discussion? O'Donnell/Nevermind. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #18 page 48 Kubby/I have a question about the current fountain being relocated. Does that mean it will also be running? Atkins/Beg your pardon? Kubby/Will it also be functioning? Atkins/As I understood, when we started to talk about this issue, all of us three or four months ago when we presented the water plant plan, that your interest was that that be basically disassembled and reassembled, substantially the way it is now. I'm sure there'll have to be some other features added to it to make it safer or better or whatever, but that's what I'd understood. And I o- Kubby/And flowing. Atkins/Because you wanted a functioning fountain. Kubby/Okay. That's my question. Atkins/What I understood you wanted was a functioning fountain. Kubby/Good. Norton/Be relocated where? I mean, you don't know where yet? Atkins/We had talked about the water plant site, because there was a nice spot there. Champion/That'd be wonderful there. Lehman/Plenty of water. Norton/Somebody called it the weeping water (can't hear). Vanderhoef/The only caveat -- Thornberry/ A paper-clip. O'Donnell/We could put a covered bridge over it. Vanderhoef/I think the caveat was whether it could be made safe, and at what cost. But if that was possible that we would all like to see it go up to the water plant. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #18 page 49 Kubby/The risk would be so much less at the water plant, in terms of number of people and frequency of people. Vanderhoef/But the filtering system for it, the safety of that water still is a concern for me. Lehman/After 19 years, we've had no problems whatsoever. And moving it into a remote area where few people will see it or even use it -- Vanderhoef/The deer will enjoy it. Lehman/The deer, you're fight. We've got to do it for the deer. O'Donnell/So we need running water. Thornberry/I'm sure glad I brought it up. Lehman/Well I'm glad we have this on the agenda. Kubby/Well, this is really exciting because this is the first call for artists of our public art program. And I'm really excited. The committee has put a lot of time in. I hope we get lots of interesting and diverse proposals for this, and I'm anxious to see how the process works. So I'm very, very excited about it. O'Donnell/And the Council also gets final approval on the artwork. Kubby/Right. Thornberry/Right. O'Donnell/Very important to me. Champion/Well it's not, the other good thing about this is, I think I understand this correctly, this is going to be a pedestrian-ffiendly fountain. Kids will be able to play in it. Isn't that correct? Because that's the (can't hear) fountain. Thornberry/We're on it. Champion/Or adults. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #18 page 50 Thornberry/Or on it, I said. In it or on it. Champion/Right. Thornberry/It may be flat with jets going up, I don't know. O'Donnell/We've taken this one as far as we can. Lehman/I think we've wom this one out. Roll call- (yes). Motion carded. Thornberry/Just as a side note -- Lehman/ Oh, no. Thornberry/On the public art, people that bring us this information, I hope that we have along with the ordinance or the passage of it, public heating, so that the public, if they're, will there be a public heating on art that's brought before us for passage? Kubby/Well, the procedures that we talked about last night, there were two different places where the public can have input before it gets to us. Norton/Right. With the Art Commission, not with us. Lehman/The Art Committee. Thornberry/I know, but you know, about the time it gets ready to be built is when some people say "Hey, I never heard of it". Norton/Well, that's -- Thomberry/But ~- Kubby/That'll be (can't understand). Thornberry/With a public heating, when -- Champion/ We're not going to keep it a big secret. Thornberry/Well I just, thank you. I just hope that -- Norton/Depends on what it looks like. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #18 page 51 Thomberry/A bridge. Norton/We're just trying to keep everything from coming into our laps. Thomberry/Bridge over the River Kwai or something. Lehman/All right, all fight. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #19 page 52 ITEM NO. 19 CONSIDER A RESOLUTION AUTHORING FUNDING FOR THE CONSTRUCTION OF AN AIRPORT TAXIWAY AND RAMP ON AIRPORT PROPERTY TO BE LEASED TO IOWA JET SERVICES INC. Lehman/(Reads agenda item # 19). Norton/Move adoption of the resolution. Thornberry/Second. Lehman/Moved by Norton, seconded by Thornberry. This has been amended from what we saw last night. The expenditure of City funds in this regard, I think we're authorizing up to $300,000. That essentially will be a loan to the airport that will be repaid as property on the northem portion of the airport is leased. It is not an expenditure of tax money that we expect not to have returned to the City at some point in the future. That differs from the one we read last night that was going to be expenditure of public money, period. So basically, it authorizes the loan -- Thornberry/ The loan. Norton/Long-term loan. Lehman/Long-term loan, probably, for the building of the taxiway. Norton/I think it should also be noted that it's an investment of a sort, too, because we hope it will stimulate further development there, and enhance, provide some jobs at the airport. It's an investment. Thornberry/Absolutely. Lehman/Well, it's the first step, I think it's approximately 5 acres out of a total project of probably around 50 acres. And if this is successful, it should be significant in developing the rest of that property. Roll call- (yes; Kubby, "no"). Motion carried. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #20 page 53 ITEM NO. 20 CONSIDER A RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1999 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK. Lehman/(Reads agenda item #20). Norton/Move adoption. Thornberry/Second. Lehman/Moved by Norton, seconded by Thomberry. Discussion? I guess I will say publicly that Council was very pleased with the performance of our team. The only three employees who are directly responsible to the Council. I think it's fair to say we're proud of these folks and the job they're doing for us, and hopefully their salaries reflect that appreciation. Roll call- (yes; Kubby, "no"). Thornberry/I was wondering why Karen voted no? Kubby/I prefer not to talk about it in the public sphere. I feel pretty free to make comment when I need to. It has nothing to do with performance. I agreed with what the Mayor said. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #21 page 54 ITEM NO. 2 1 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION AMENDING THE AFSCME PAY PLAN AND THE ADMINISTRATIVE/CONFIDENTIAL PAY PLAN BY ADDING THE POSITION OF CLERICAL ASSISTANT - CABLE TV AND RECLASSIFYING THE POSITION OF PRODUCTION COORDINATOR - BTC TO ADMINISTRATIVE. Lehman/(Reads agenda item #21 ). Vanderhoef/Move adoption of the resolution. Lehman/Moved by Vanderhoef. Norton / Second. Lehman/Seconded by Norton. Discussion? Kubby/Well I guess I want to say I'm really happy that we're moving from using temporary workers to having a part-time permanent employee who will get those benefits and have some of the recourses that are available to other permanent employees. So I think this is a very good move. Lehman/Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #22 page 55 ITEM NO. 22 CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 18 (7:00 p.m.), 1998, ON THE PROPOSED ORDINANCE AWARDING A NON-EXCLUSIVE FRANCHISE TO MCLEODUSA, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF IOWA CITY. Lehman/(Reads agenda item #22). Thornberry/Move adoption. O'Donnell/Second. Lehman/Moved by Thornberry, seconded by O'Donnell. Is there any comment or discussion? Kubby/So we have a public heating, we vote on this on the 251h of August, is that fight? And what that does is allow us to put this item on the ballot in November for the community to vote yes or no, whether you want McLeod to have the opportunity to provide cable service in this area. Lehman/Right. We vote, actually the night of the public heating the first time. We expedite it on the following meeting with two readings. The public then would have the opportunity to vote. If passed, McLeod would have the opportunity to provide the service, but not the obligation to do it. Kubby/And I'm, as when we talked about the party ordinance and the date of the public hearing. I'm very concemed about this August 18th date. Because people are either not back into town or just moving back into town. But I know that the timeframe is very tight here, so I guess one of my issues is, I want McLeod, I think that McLeod should have understood what the timeframe was if they want to compete in this community, which I welcome their competition here in this community, to, they put, it's a balancing of them putting us a crunch and us putting them in a crunch because our summer meeting schedule is not so frequent, it's half as often basically as we usually do until September. So, because part of it is our responsibility, I feel fine voting "yes", but I just get very nervous about having big issues be up for public hearing at the end of August. Thornberry/I don't know if this is that big an issue. It's going, all we're doing, Karen, is saying hey, we're allowing them to go before the voters to vote on whether they want to have McLeod be a competitor to TCI. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #22 page 56 Kubby/I think that's a big deal. Thornberry/So I don't think that's, we're putting it, we've got to do this so we can put it on the ballot so people can vote for it, and we've got to do it within this timeframe. Kubby/That's why I'm going to vote for it. I don't think it's controversial. I think it will be welcomed. But I think it's a big deal. Norton/We've heard a lot of concerns expressed over the years about people wanting, seeking competition is the only way to get things moving. So I think that probably assumes that people would like to see it. Lehman/Well, I think Karen's point is a good point. If we had a controversial issue of some sort that was a public heating to be held in this sort of timeflame, it's very short, and certainly not a lot of public notice. But I agree with you, Dean, I don't think it's a controversial issue, one that the voters will obviously have the opportunity to have their say so. Thornberry/Sure. Champion/Well, I don't know. Because I think we do have a controversial issue when we talk about that nuisance ordinance. And yet you're willing to put it to a public heating when there's nobody in town, especially the students who will be mostly affected by it. O'Donnell/Well, that's what you're elected to do, Connie. Norton/We deferred that, so it'll be now -- Lehman/We deferred that. Norton/It'll be now the heat of the battle. Kubby/I hear your point, Connie. Champion/Touch6. Lehman/Why don't we do roll call-- Dilkes/Motion. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #22 page 57 Vanderhoef/Motion. Thomberry/We had a motion. Kubby/It's an all those in favor thing. Lehman/Oh. All those in favor, I'm sorry -(ayes). Opposed- (none). I think that passed. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 58 ITEM NO. 24 CITY COUNCIL INFORMATION. Lehman/Council information. Champion/Well, I'll start, to say how pleased I am with the paving projects going on downtown fight now, fight in front of my store. I know it's other things besides paving projects, but that's what I see every minute. And I just want to compliment the workmen that they have moved very efficiently, very quickly. They worked long hours, they have great weather. And with a minimum amount of disruption to businesses on Dubuque Street. It was a good choice. I just would like you all to come and dust my store. Lehman/Karen? Kubby/I have a few items. At our last Johnson County Council of Govemment meetings, we talked a little bit about regional transit issues. And one of our tasks was to bring it back to our bodies to say do we want to continue the conversation. And I don't think there's any controversy about that from this group. We had four or five of us there. But we should either talk about it at an informal or just be able to nod the head to say yes, we want some small subcommittee of JCCOG to bring back some talking points that we can talk about in the large group. However people want to deal with that. Norton/I think someone said there's supposed to be a broader look, because this has been considered before. We've seen reports, a couple of reports over the last ten years on regional. But someone said to come without preconceived notions about how this might, not come with our present baggage, just try to start from scratch and see what we can get. Wasn't that the idea? And I hope that would be the way we'd go. Kubby/Right. And the real task that I heard from JCCOG was are you interested in the conversation? And I thought and I hope so. Vanderhoef/And start the conversation on collaborative works. What we can cooperate with one another on. So, yes, I -- Kubby/You can just say yes right now, then those of us who are on JCCOG representing, all of us can go back and say so. So would you say --? Champion/Definitely. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 59 Kubby/Okay. We talked last night about choosing an option for the landfill. And when I got home last night, I realized I don't, I didn't feel we completed the part of the conversation about the elevation issue. And that we made a choice of option number three which is a combination of vertical increasing of land fill space, but also horizontal of 80 acres to the west. And I really want us to talk about that elevation portion of it again, that to really understand what the topography is out there, and what 870 feet, which is what, 40 feet higher than any other point there, but I want to understand, is it higher than any other point in that area of town. And I don't know that. So, I'd like some of that information brought back to us so that we can complete that part. Norton/Yeah, get a profile. Atkins/I think what we can do, why don't I draft -- Vanderhoef/Take a tour. Atkins/Draft like a policy position on what you decided. If you read option three very critically, in option three, phase IV is vertical and requires a very deliberate decision on you to say let's go the extra 12 years, remember -- I'll write that out so I can have something back to you, then you can have it. And we'll schedule it for a work session. Kubby/So it wouldn't automatically happen, it would have to come back to the body, too. Atkins/Yeah. Norton/My assumption, it wouldn't necessarily go to 870. Atkins/That had been my understanding. But I'll write that up so for posterity it's taken care of. Kubby/Thank you. I worry about that 870. Norton/If somebody could give us a computer picture of that --? Atkins/Yeah, we could do that. We'll put it together for you. Kubby/That'd be interesting. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 60 Champion/It would be. Kubby/Something's going on tomorrow night and I'm not going to be able to go to it, so I hope some of the Council or some Staff and some citizens can go. It's a streambank stabilization workshop that is happening tomorrow, Wednesday July 291h, from 6:45 to 9:00 PM at Hope United Methodist Church, which is located at 614 Clark Street. Where people are just going to understand about how erosion happens at streambanks and what kind of stabilization -- CHANGE TAPE TO REEL 98-92, SIDE B Kubby/I'm very interested in this because I live along Ralston Creek and people have very unique and interesting ways of stabilizing the bank. And everyone does it a little differently. And this can give people some good ideas from some very knowledgeable folks. And it's free of charge. Champion/That's the little church by Longfellow School, which might be easier for people to remember. Kubby/Thanks. There was something in our packet, in the Riverfrom and Natural Areas Commission meeting minutes about something that we got grant money for. And I wouldn't have know about it unless, I talked to Rick Fosse when he was walking by my office hours one day and he told me about this. And I asked him if he could get us something in writing in more detail. But we had talked years ago when we had invested all this money in our south wastewater treatment plant about using wetlands for tertiary treatment. And found that it would just be, it would be three times the amount of money, from $10 million to $30 million to do that. And so we were very disappointed. If it had been maybe 5% more, some of us may have gone for that. But there's a, we've gotten some grant money from the DNR to look at some real small-scale tertiary treatment using wetlands down there. And it's very exciting. And we should know more about that. Atkins/Didn't I send a memo to you all about that? Norton/I don't think so. Kubby/I don't remember reading -- my ears would have perked up about that. Norton/I think so. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 61 Kubby/I could have missed it. It's possible. Atkins/The $200,000 grant? Vanderhoef/Julie's? Atkins/Julie Tallman? Norton/Yeah, I saw that. Kubby/Okay. Well that was my mistake then. Maybe someone could re-send that memo to me? I'd love to have the details. Atkins/I'll take care of that, sure. Kubby/Thankyou. Norton/It is nice, and she should be congratulated for getting it. It's great. Kubby/I think it's really exciting. And I just, I think I just had one other thing. And that is, we got a letter from Osha Davidson suggesting that we talk about a couple of issues in terms of our Police Citizen Review Board. And one of them was a removal of the sunset clause. And the other one is asking the PCRB if there are any procedural or budgetary issues that they need to bring to us. And those are things, I think that after a first full year would be appropriate to ask of the PCRB. It hasn't been a full year yet. I think October will be a first full year, and that seems like a very logical time, after they've gone through all the figuring out what are the procedures, how is the system working. They had some, they've gone through the process a couple of times before, making recommendations for change. And I would love to entertain those kinds of issues in October or before budget for our next budget time. Karr/If I may just note, too. By ordinance, the PCRB fight now is working on an annual report and that annual report will address some of those issues. Kubby/Okay, great. And I think that's the appropriate ways to, to wait for it. Vanderhoef/To wait for the report. Kubby/But I think that forum was very successful, that was on July 14th. I was glad This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 62 that some officers came and spoke. I was glad that the community seemed to be able to speak fairly freely and I'm glad that there's going to be another one in October, I can't remember the date. Do you know that off the top of your head? But there'll be another one. And so I think that they're fulfilling their role well, of taking complaints, heating complaints, and then doing the public heating portion of it to find out what are community standards and what are the feelings of people out there. So I am very grateful for their work. And I think that's all I have. Thanks. Lehman/Mr. Thomberry? You missed Mr. O'Donnell. Lehman/I'm sorry, Mr. O'Donnell. O'Donnell/I have nothing to say. I'm ready for Mr. Thornberry. Lehman/More public art? Thornberry/I have nothing this evening, Your Honor. Lehman/Thankyou. O'Donnell/Two of us. Lehman/Dee? Vanderhoef/I just wanted to say what a good time I had Saturday on a beautiful day participating in the parade downtown and out to the park. And being with the courageous people who are disabled and who work very hard to participate in all of our activities in our City and they put together a really fine parade. And it was fun, and thank you for the invitation. Thornberry/To go along with that, Ernie, I read the proclamation that you had, in your stead. Lehman/Oh, thank you. Thornberry/And it went well, and it was received very well. And it was a fine time. A fine time was had by all. Vanderhoef/Yeah. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 63 Lehman/Good. Thornberry/We, let's see, three, four of us marched in the parade. And we parted the ways now and then and came together, we were walking behind some horses, you've got to understand. Kubby/You know next time, we could have shovels. Thornberry/I wanted to ride the Green Machine, but Dee wouldn't let me. Norton/I think we should add that there were some pretty impressive remarks made at that occasion. You know often those are fairly pro forma, but there were some pretty trenchant comments made that by no means is the work of accommodating those with disabilities done. Particularly in employment and particularly in wages paid and things like that. It's not just a matter of curb cuts and lifts on the buses. It goes a long way beyond that for these people to become fully integrated and self-sufficient and I think, I thought it was very impressive remarks by several people. Are you finished Dee? I'm sorry. Vanderhoef/That was it. Norton/That was just a comment. Vanderhoef/A warm-up, I know. Norton/No, I just wanted to report briefly that I have been participating pretty regularly in the meetings at the Taylor/Bums Neighborhood Association as it evolves, and kind of trying to stay in touch with those folks as they deal with a variety of issues in a very thoughtful and determined way. And they've been doing some house-to- house surveys to make sure they know people and find out their concerns. And we've conveyed some of those to City Staff, and there've been some responses, and more things in the hopper. Covering quite a range of things, not just police things, but traffic things, lighting, and other issues. Also, there've been a number of meetings at Benton Street, and I wanted to reassure folks who've heard about Benton Street who thought, nobody's specifying anything about widths or anything out there. We're trying just to listen to what neighbors think about improving Benton Street. And there are certainly no decisions made with respect to the details of that. We're just getting input. And JeffDavidson's running those meetings very well. And early in the process. I wanted to ask Steve, could you bring me an update briefly, or all of us, a little bit on the Captain Irish Parkway work? I know nobody from Public Works is here. Do you know, sorry, I caught This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 64 you off guard. I keep going by it, I just wondered how things are going there. Atkins/As I understand it, with the dry weather, they have begun a process which is on its way to getting them caught up. And Chuck did explain to me that a good bit of work was sort of occurring out of sight over in the far end, and coming in that direction, to the best of my knowledge, they are not back on schedule yet, but they're getting there. And I don't recall exactly what the completion date was. But the dry weather has made a substantial difference. Norton/A blessing. Atkins/Yes. Thornberry/I walked that the other night, Dee, after I got through with my walk in Hickory Hill Park, and I walked as far as they've gotten it. It's quite a ways. But it's over hill and under dale and -- Lehman/Oh, no. Atkins/You know, I live up there, and I just simply have never had the time to walk up there. Thornberry/It's pretty impressive. Vanderhoef/Come over in the moming and I'll walk up with you. Thornberry/But they've got a lot of leveling to do. Norton/I'll be in Montana by tomorrow moming. Okay. Lehman/That's it? I've got a couple things. Dee Vanderhoefhas asked to serve on the JCCOG Transit Committee as the Iowa City representative. I think there's a representative from Iowa City, Coralville, Johnson County, and one from the University. Is that not correct? Norton/I think so. Lehman/Is that? Atkins/I don't know. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 65 Lehman/That appointment has everybody's approval? Atkins/(Can't understand) from JCCOG in order to study this regional issue? Oh. Lehman/Yeah. JeffDavidson indicated that committee, in fact in meeting with the County, we'd indicated that that committee was to be appointed soon, and I think that committee probably needs to get appointed and get started. Thornberry/Thank you for applying. Kubby/Although I would prefer to have that kind of discussion at an informal meeting. But there might be more than one person who'd like to participate and have some discussion about that. Lehman/Dee, do you know how soon that appointment's supposed, how soon that's going to be done? Vanderhoef/At the -- Lehman/I didn't realize that we made the appointment. I thought that you were going to be selected by Jeff Davidson, the Transportation Planner, would select one from each jurisdiction, but apparently not. Kubby/Well, weren't we going to bring this back? Vanderhoef/It'll be at the JCCOG meeting. Kubby/That's in September. Norton/But doesn't each entity have a staff member and an elected official? Lehman/Right. We can talk about that at the next work session. That's no problem. Vanderhoef/Okay. Lehman/Two other things. One is a question. It seems to me we've talked about this on three or four occasions or more. Parking islands downtown, which I believe we have said, we've been told, we're going to take them out. They're temporary. Atkins/No, no, no, no. I never said that. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 66 Lehman/The ones on Clinton Street? Atkins/All of those islands will be removed when we redo the street into a more permanent islands. Lehman/We are going to leave those things there for a year where you can't make turns in the middle of the street without running over the ends of them? Champion/They'll be smaller. Kubby/They're going to be shortened up. Norton/They'll be shorter. Atkins/I thought we went through this and it was leave them alone because they're going to be taken out and replaced with permanent features. Lehman/If they're going to be shortened up, considerably, why not do it now rather than wait for a year. This is just asphalt, nothing permanent. Atkins/No, no. We were going to make -- you want us to redo the asphalt ones? Lehman/Can't we chop the ends of them off?. Grind em? They're just laying on top of- Atkins/It's not a matter of grinding, you just whack a hunk of 'em off if we want to. I just never -- Lehman/ Okay. Atkins/I just never understood that to be the issue. Lehman/I thought they were -- Thornberry/ I thought they were temporary. Atkins/They are temporary. Thomberry/Well, temporary for how many years? Atkins/Until we get around to doing the project. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 67 Kubby/Well when we do the street, there will be installed permanently, but in a scaled back manner. Norton/A minor radius. Lehman/My understanding was that they might be a rethinking of whether or not there would be the ones between the sidewalk and the street. That those may not even be part of the next streetscape. Norton/Well let's get Jeff in here to tell us. Lehman/Will you just ask Jeff?. Atkins/Yeah, I'll bring him back. Lehman/No, he can just write us a note. Atkins/Okay. Lehman/Then we can, we'll get a list of the people who don't like it and put it on email and get 'em all here. There's a letter in the packet this time that I spoke to you briefly about, and I guess I won't bring it up other than our policy on water meter deposits, I don't know what that is, but it appears from the letter that -- Atkins/I've not looked. Lehman/We should look at it. Kubby/The compromise that was decided upon by our employees was a very sensitive and rational move. That it protected the City, but it helped out the long-term resident who was a renter who was moving from one place in Iowa City to another. So I would like that kind of compromise to become part of policy if possible. I think that's -- Lehman/I think we'll just look at it. Vanderhoef/Whether it's policy or not, should they have the ability to go ahead and do that? Kubby/I think Diana made a very wise move. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 68 Vanderhoef/Well done. Atkins/I'll tell her that. Champion/I move we adjoum. Lehman/Wait a minute. Did you have something to say? O'Donnell/Well, we've got a letter in the packet about dogs unleashed in Hickory Hill Park. Norton/Again, yes. O'Donnell/They really have to be leashed in the park. Which, if everybody would follow the rule and leash your dog so it doesn't attack or molest other people. Thornberry/I would like to respond -- not to respond, but to, Karen and I talked about this a little bit some time ago, about having a place for dogs to run, you know, they've got national competitions for dogs that catch Frisbees and do all these running around barrels and things and there's no place, you'll never see a dog from Iowa City even entered in these contests, because they can't practice. Kubby/Yeah. Thornberry/Where can they --? Kubby/I agree. Vanderhoef/We don't have a hayfield out here? O'Donnell/They can have their place, but it's got to be a place where it's not '- Thornberry/ I agree. I agree. Norton/Well, take your street comers -- Lehman/ I think someplace in South Dakota. O'Donnell/I once (can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898 #24 page 69 Thornberry/Your dog has trouble getting off the porch, Ernie. Lehman/Nevermind. Now,-- Kubby/Hey, that's Basset Hound discrimination. Lehman/I'd like to have just a little exercise in honesty. Are there any elected officials sitting up here who will experience a birthday, say in the next two and a half weeks? Kubby/Yes. Lehman/Oh, thank you, Karen. And I think that must be about the 8th? Kubby/I think it is. And you know I'm going to be working on my birthday in Minneapolis, so I won't be at the Irving Weber Days. Thornberry/Oh dear. We'll represent you. Norton/Well '- Lehman/ Is there anybody else who might have a birthday sometime in the next three weeks. Vanderhoef/Leo over here. Karr/Not elected, no. Lehman/On Council, I said. Connie, we're checking your honesty. Kubby/I'll say my age if you'll say yours. Champion/I love my age. I'm lucky to still be here. Lehman/Well-- O'Donnell/Go ahead. Lehman/And I think your age is going to change on the 17th. And Mother Marian will be a year older on the 5th of August. And happy birthday to you lovely ladies. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 28, 1998. F072898