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HomeMy WebLinkAbout2000-04-04 Transcription#2 ............... Page 1 ITEM NO. 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS- HORACE MANN ELEMENTARY. Lehman: IfVeronica, Nesta and John and company would come up please. I really hate to show favoritism but I have got two identical red headed granddaughters who are twins. This is one of the really fun parts of the Council meeting where Council recognizes some outstanding achievement on the part of some of our folks here in grade school. So, if you folks would like to read- give your name and then read your things and we will give you the awards. Torri Netz: We think that there are lots of reasons that Veronica Shimon was chosen for outstanding student of the year. She is a wonderful student, pays close attention to the class, and she does her best to help out. She is one of the nicest people I have met. She is quiet, modest and always has her face in a book. She enjoys going on service (can't hear) groups at the animal shelter. She is very intelligent and we are proud to have her in our class. Lehman: Are you Veronica? Veronica Shimon: Uh-huh. Lehman: Okay. Sam Hamilton: I am Sam Hamilton and I will be reading for John Sachett. John is a sixth grader in Ms. Taylor's class at Horace Mann school. He has been voted by his classmates as someone who is a friend to others and helpful as well. John enjoys many sports activities. He plays right defensive back on the Lions soccer club all year around. John plays infield and outfield for both the Iowa City Boy's Baseball team and the competitive traveling baseball team. This year John was also on an ice hockey team sponsored by Shakey's Pizza Parlor and Buffet. John' s favorite school subject is math. He is in the pre-algebra class this year. Nesta Hayward: My name is Nesta Hayward. I am fifth grade and I come from a family of 10 kids. I have five brothers and four sisters. I think having a big family helps me be a good citizen because I learn something from each and every one of them. At school I volunteer to help kids cross the street and I am a conflict manager. I also baby-sit at school for special occasions. But I also like to do other things like ride bikes and stuff at home. I would like to say thanks to my parents, my brothers and sisters, my relatives, Mr. Gent my teacher, my classmates and my friends. Lehman: I have the certificates. I will read one of them. "The Citizenship Award. For outstanding qualities in leadership within Mann Elementary as well as the community. And for a sense of responsibility and helpfulness to This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #2 ............... Page 2 others, we recognize these students as outstanding student citizens. Your community is proud. Presented to you by the Iowa City, City Council. Nesta? Veronica? And John. You know, um, your community is proud of you but, you know, I am- I told you I am a grandpa- some day I really, really wish I could give this to my granddaughters. That would be really cool. Your parents and grandparents and teachers are very proud of you. It is not just the community and the City Council. So let's give these kids a big hand. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #3 ............... Page 3 ITEM NO. 3. MAYOR'S PROCLAMATIONS a.) Vision Awareness Month- April (read proclamation) Karr: Here to accept is Dr. Thomas Weingeist, professor and head of Opthamology, University of Iowa Hospitals and Clinics. Weingeist: Well, I would like to say a couple of words. Mayor Lehman, Council members, thank you for this honor. I accept this proclamation on behalf of the department of Opthamology that is celebrating its 75th birthday. And as you mentioned, we have an unusual opportunity and I want all of the citizens in the area to become aware of it. We have an exhibit that is put together by the National Eye Institute and the Department of Opthamology. And it is being done in cooperation with the Iowa City Area Science Center. And it is located in the Iowa City Town Center. And it is free and I encourage all of you. It is good for all ages of children and all ages of adults. I think you will find this exhibit exciting. It is interactive, and you will learn something about vision. I am pleased that I live in a community that has vision and has vision for the future. And we hope that you all learn something from this exhibit. Thanks a lot for your proclamation and for supporting this action. Thank you very much. Lehman: Before you sit down doctor, this thing didn't just happen. If you walk over to the Town Center it is a very, very attractive display. But it didn't just show up over there. Dr. Weingeist and I think with the help of Jim Larew and few others, really jumped through a lot hoops. This display is in, I think, has been in 25 major metropolitan areas. This is by far the smallest area that it has ever come to. And it is through the efforts of Dr. Weingeist and a few others that this- we were able to get this here in town. And it is also because of the excellence of the Opthamology Department at the University of Iowa Hospitals. So congratulations to you, we are very pleased you did it. Weingeist: Well, thank you very much. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page 4 ITEM NO. 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]. Lehman: This is a time reserved for people from the public to discuss items with the council. We ask that your comems be limited to 5 minutes or less and that you state your name and address and sign in at the podium. Florence Boos: My name is Florence Boos. I live at 1427 Davenport Street. I have come to speak on the issue of gun silencers and restrictions on the distance away from public residences that guns may be used. I have come to City Council tonight to ask you to consider the importance of retaining the present wise ban on the use of gun silencers within city limits. Voters as well as Councilors should have the opportunity to evaluate this policy before the City government ratifies such a drastic change. Last month I wrote the City under open access laws to ask for copies of City records of the Deer Sharp Shooting which occurred last January. In his response, the City Manager indicated that no records of e-mail and telephone messages to and from his office could or would be made available. The other materials when they arrived also made no mention of several important aspects of the deer shooting program. The identity of property owners who gave permission to shoot on their land, for example, and the nature, extent and cost of the Department of Natural Resources oversight and logistical support. A few internal notes and memoranda also seem to interpret complaints about the sharp shooter's gunfire as complaints about the sound of the gunfire, a self-serving conclusion. To be upset at the sound of shots and at shooting is not necessarily to wish the noise concealed. In particular, one item caught my eye. In January when citizens called to complain about the shots, the City Manager's administrative assistant assured them then that the City would "encourage legislators to amend the state law to allow federally registered personnel conducting a deer management sharp shooting program to possess a suppressed weapon in Iowa". January seemed a bit early to be talking about further shooting, much less ways to make it more cost effective- before any attempt for the Deer Commission to study the killing and its consequences or consider cooperation with the Humane Society's contraception program. Or even conclude in any systematic way that the deer problem still exists. More recently, representative Dick Myers mentioned in a radio interview that someone in City government had asked him to sponsor an amendment in the Iowa State Legislator to permit the use of silenced guns. One variety of suppressed weapons within city limits. Such amendments are sometimes passed with little or no discussion, as you may know, as part of a larger bill. And even less public awareness that a significant change has even taken place. And I would remind you that no where in the papers, in no public discussion that I have been able to see, has there been any mention of what has been happening. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page 5 The potential implications of these events disturb me. We need more gun control in Iowa City- not less. And we certainly do not need to forfeit the protections we have. Authorized private use of silencers in Iowa City would effectively conceal from a semi-private uses of lethal weapons within city limits. A precedence so dangerous that the Iowa City Press Citizen, no enemy of North Corridor development and a long time supporter of the sharp shooting, condemned such a use in an editorial last month. Any referendum (can't hear) of public opinion would show overwhelming opposition to the use of such devices and the self evident threats they pose to public safety. If it is disturbing to hear of gun fire near one's home or children, is it less troubling that such shooting can occur when one does not even know about it? And I give a scenario if property owner X says "fine, it is alright for DeNicola and his men to shoot", property owner Y that may be within 50 yards of X may go outdoors or his or her children may play in the woods without any knowledge this is occurring right next to them. I therefore ask the City Manager and the members of City Council tonight to distance themselves publicly and decisively from this violation of public safety and civil liberties before it is too late. And as a bit of background, I just wanted to say I know that Tony DeNicola has left Fairmont Park which is also a city that hired him to shoot. In Fairmont Park he requested that silencers be permitted him and made the point that Iowa City was attempting to get this changed on his behalf. And the police commissioner said "no". It is not necessary. Thank you. Lehman: Thank you. Dan Coleman: I am Dan Coleman, 1409 E. Bloomington Street. And I am basically, without going into the same amount of detail, wanted to support what Florence has been saying about the hunting and the silencer issue in Iowa City. I find the idea of people shooting rifles within city limits to be abhorrent. The idea that they might use silencers when doing so I find totally frightening. And I think her request that, I mean, there is some question about from what I have heard about how this particular initiative that is currently is in the legislature got started and where its roots are in Iowa City. And I do hope that the Council will discuss this and make a statement if you agree that this is wrong. I think it is wrong. I think it, if it comes to pass, it puts the citizens of this community at grave risks that we should not have to face in this community. Thank you. Lehman: Thank you. Kanner: Emie, we have the Deer Management Committee on our agenda in the future for a work session? Don't we sometime? Lehman: We do? Okay, I don't know- This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page 6 Kanner: I- Atkins: That is correct. Lehman: We don't have it at a specific date yet. Kanner: But maybe we can move that up a bit and talk about some of these issues and the concems about the silencers and where it came from in the City. Lehman: Has the Deer Committee started meeting again? Atkins: I don't think so Emie. I think it more than a month away. I really don't know. Lehman: My suspicion would be it would be well for them to meet once or twice and then schedule a meeting with us. Atkins: I suspect the use of silencers will be something on their agenda and it is a permissive law- that doesn't mean they have to do it. They may chose to do something else and recommend otherwise to you. Lehman: And that is a state regulation. Atkins: Yes. Kanner: A proposed state. Atkins: Yes, proposed (can't hear). Kanner: But there is also a question ofmakeup of the committee because there were different things that- and I think it would behoove us to maybe be a little more proactive in dealing with this issue and saying what we expect of the makeup of the committee and the issues that they handle and so forth. Lehman: Do we know how many new members the committee will have or how many are returning? Atkins: Why don't I get a report. Lehman: Let's get that information. Atkins: I will get a report and update you all on that. Lehman: And we will go from there. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page 7 Atkins: Okay. Lehman: And we will schedule a meeting with Council. Other public discussion? Louise Young:My name is Louise Young and I spoke at the last committee and proposed a resolution regarding an advisory committee of people with disabilities to advise people about the accessibility of different things being installed in parks or like the kiosks. I am very delighted to realize that that was resolved without it being extra expensive to the city. Lehman: So are we. Young: And I am also delighted that our coalition forum was as well received as it was. And what I am asking tonight is what is our best way to proceed on recommendations regarding that committee? Lehman: I suspect- well, obviously this would probably be something that would be more in the Housing Inspection Services Department where we- Atkins: I think it could be in really a variety of things. Particularly construction projects. Lehman: Which would be Housing Inspection Services. Atkins: Yeah, but also would be Parks and Recreation Commission advise you on construction projects with some regularity. Lehman: Could we kind of do a memo to those departments indicating the interest in that sort of committee? Atkins: I had it on the list you know to bring it back to you informally at the Council. But I can do that right away if you would like because I do think you need to get the advice of other- some of your other boards and commissions. Lehman: Oh, I think that is correct. Atkins: Yeah, that is fine. Lehman: We will notify the boards and commissions and see what we can get something started. Pfab: May I make a comment? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page 8 Lehman: Yes. Pfab: I am wondering if this is a time that a committee or a commission be created with that specifically in mind because of the far reaching effects that ADA will have? Lehman: Well I- Irvin I think that there is- obviously we have a very valid concern and this is a bad time to talk about it because I can't imagine those kiosks ever got built without being- but all of our housing inspection services inspections are required to meet ADA requirements. So we do that right now. You can not remodel in this town without meeting those requirements. Pfab: But what about more in the sense of meeting requirements more as an accommodation to the public? Atkins: That is the law- Pfab: I think maybe we should be more proactive in this. Lehman: I think we try that with public accommodations. Atkins: I don't think you have any choice. I think you- it's a matter of law. Lehman: But I think we are also- like our curb cuts or whatever- we do- Atkins: That's law. Lehman: It may be law but we are very aggressive in doing that. Atkins: Well, we have an obligation with the law to be able to demonstrate that we have a program and as you all know we have a rather extensive program of curb cuts every year. Pfab: It is not a- I don't mean to make it as something that we should have done. I think it is a case of being proactive to members of the public that have disabilities. But a lot of those accommodations help everyone and it makes a way for the city as a unit and as individual citizens to reach out to other people. I am thinking of doors in businesses that would be automatic openers etc. And I think that we are in a position where we can help encourage that along. And it is not something that we as individuals can keep up with all of the rules and regulations and possibilities that are out there. That is my point. Atkins: I think the committee can serve a purpose more outside of our organization than within. I mean- I don't mean that to sound disparaging This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page 9 to Louise it is just that there are other businesses out there, in fact, just listening to what Irvin had to say. In our downtown policy that you adopted a couple of years ago one of the specific goals was to work with businesses downtown to do the very thing that you are suggesting. Wilburn: You are kind of getting at what my thoughts are then about the issue and the committee is. I think there would be general support in trying to in some way be proactive about ADA compliance, well not just compliance issues, but just making all aspects of the city, you know, more user friendly. The question for me is then what is the best format? Pfab: That is my question. Wilburn: And so maybe some type of work session, whether it be something within the city or some special task force or that type of thing. So I think it is more what is the most- since it can impact so many different departments. Atkins: So you know, it was not only the folks from Everett Connor Center that raised the issue of the kiosks [but] they were also the folks that helped us resolve the issue too. Lehman: Good. Kanner: So also maybe Ernie, keeping Louise's coalition involved and Everett Connor involved through memos to them on what is happening if we do a work session so they can continue to give input and receive what we are doing. Lehman: We can do that. Okay? Young: Thankyou. Lehman: You bet. Other public discussion? Roger Larson: My name is Roger Larson. While you were on the subject of the deer- I apologize that I haven't suggested this before but has the Council considered utilizing non-lethal weapons in that? Lehman: The Deer Committee, my understanding is, that they have been working on this for a couple of years but they have looked at I think about every option there is. None of which I think were particularly attractive to anybody. But they have looked up all kinds of options. And I am sure they will do that again. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page lo Larson: Okay. Well I just wanted to mention that the federal government spent millions on non-lethal weapons and it might be good experience for the forces to utilize those conceming the deer. Lehman: And there are a number of communities that tried other methods. This isn't something that our Deer Committee is not familiar with. And- well, they will get it again and I am sure we will hear more from them. Larson: Okay. Lehman: Thank you. Champion: Well, I think all of us would encourage non-lethal methods if they were effective. Lehman: And I think the Deer Committee would too. Champion: Sure. Lehman: And they will be meeting shortly. Other public discussion? William Boos: This is just a brief remark off the cuff as long as this issue has been raised. Can anyone clarify for us what might or might not be done in the way of possible cooperation with the National Humane Society? This has been raised by us in previous appearances here. There have been some suggestions that the Humane Soci,ety's willingness to send people to undertake some kind of pilot work/pilot study here as they have done in other places with success- that such initiatives on their part might meet with some response from the city. Is this going to be, as far as anybody knows, explicitly addressed by the Deer Commission? Lehman: I am sure we could certainly ask the Commission to address that. We would be more than happy to do that. Boos: And also this is really a rather naive question. In what way will the deliberations of the Commission become known to the public? Only through enactment by you? Lehman: Those are public meetings. Boos: I understand that but I would like to have some sense of the possibility of some sort of interaction with the members of the Commission. As I understand it, I admit I haven't been to one of these events myself, as I understand it these are events at which the audience basically sits and is attentive but people don't as a rule do what I am doing right now. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page 11 Lehman: I can't say that for sure but I would be surprised if the public were not invited to speak at those meetings. Do you know their procedures? Atkins: As the Council, you certainly could make it as a criteria for their meetings that they have a public discussion component. Lehman: I don't know of any committee or commission that we have as a city that does not invite public input. Boos: I will indeed hope that turns out to be the case but I also do hope that there is some sort of serious charge to the commission to consider these methods because they have not only been tried elsewhere, they have been effective elsewhere. It wouldn't be quite accurate to say they haven't worked. There are several places where such methods are the order of the day and they require some different viewpoints about the policies that the city wishes to implement in that case but if those policies are viewed somewhat differently they do work. At least to the satisfaction of local residents. We had mentioned a few of these towns two or three times in speaking to you. So, I guess it is incumbent on us to be at the Deer Commission meetings when they take place. Lehman: Steve, let's see to it that the Boos' get notification of when the meetings are and where they are so you will know. I mean, I realize they are public and there are news articles in the papers but certainly not the same as being there. So you will be notified when the meetings are and where and whatever. Pfab: Mayor Lehman? Lehman: Yes? Pfab: Would it be possible or would it be cost effective maybe just to tape record those meetings and have a transcription? Lehman: There are people who take minutes of all of those meetings. Pfab: Okay. Lehman: So there are minutes of all of the meetings. Pfab: I was just going to say what about tape recording if the public- if that would help the public? Champion: Are the minutes are available at the Library or are they just available here? Do you know? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #5 ............... Page 12 Lehman: I can't tell you but I am sure the minutes would not be a problem to get. Boos: I would just to say those seem to me good questions. I would like indeed to know the answers to those questions. Lehman: Okay. Wilburn: Council is available at the Library so I- Lehman: I think most Boards and Commissions are. Atkins: What was that? Wilbum: I would say, ifI remember right, I thought I remembered looking at the Library in the past at minutes from these meetings. So I would be surprised if they are- Atkins: Well, you know, if it is your desire we will just simply inform the Deer Management Committee that you would like to have the meeting tape recorded, detailed minutes taken. They are your committee so you can direct them in any way you would like. Champion: I think minutes are fine. Lehman: I think we do take detailed minutes. Atkins: (can't hear) Dilkes: I believe minutes are taken. Atkins: Yeah, I just don't know. Lehman: We will find out. Atkins: I'll confirm it in writing to them so they are aware of your interest in these things. Lehman: Okay? Other public discussion? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6 ............... Page 13 ITEM NO. 6 PLANNING AND ZONING MATTERS a.) Consider a motion setting a public hearing for April 18 on an ordinance amending Title 14, Chapter 5, Building and Housing, Article H, Site and Plan Review, by adopting Central Planning District Multi-Family Residential Design Standards and related amendments to Title 14, Chapter 6, Zoning Title, Purpose and Scope. Lehman: If I am not mistaken, these are guidelines for in-fill development on the areas adjacent to downtown. Champion: Move to set the public heating. Lehman: Moved by Champion. O'Donnell: Second. Lehman: Seconded by O'Donnell to set the public hearing. Discussion? All in favor? All: Aye. Lehman: Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6c ............ Page 14 ITEM NO. 6c.) PUBLIC HEARING ON AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL (PRM) TO SENSITIVE AREAS OVERLAY (OSA-PRM) FOR .48 ACRES LOCATED AT THE NORTHWEST CORNER OF PRENTISS AND LINN STREETS. (REZ00-0004). Lehman: This was approved by the Planning and Zoning Commission by a vote of 7-0 and also recommended by the City Staff. Public hearing is open. This is for a 25 unit apartment building. Does anyone wish to speak to this? Janice Sweet: I am Janice Sweet and I am the architect for this project. I am just going to give you a few explanatory notes and if anyone else has questions I am happy to try to answer those. There is just a small area in the northwest comer of this site that exceeds the 25% slope, which made this project necessary- or this rezoning necessary. It was my understanding that you got a plan to show you what we have done. We sort- we positioned the building just a little bit to the southeast of the lot so that we basically avoid disturbing that 25% or greater slope. And if there are questions I am certainly happy to answer those. Kanner: I had a question. In the drawings, well first, it looks nice to me and I like the way that you have worked with staff and Planning and Zoning. I didn't see a bike rack. Where is the plan for a bike rack? Sweet: At the very west end of the building it says "25 bicycles at 2 feet". Kanner: Okay. Sweet: It doesn't really show the rack as such but there is an area. The driveway is on the west side of what is called the flowerbed and planrings and the bike rack is then on the east side. But we do have- we have a requirement for one bicycle for each unit and we will have 25 bike racks. 25 bike spaces. Kanner: Okay, thanks. Wilbum: It is tiny print. Lehman: We have tiny copies. Other discussion? Sweet: I will sit down in case anybody else wants to say something. Thank you. Lehman: Thank you. No other discussion, public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6d ............ Page 15 ITEM NO. 6d). PUBLIC HEARING ON AN ORDINANCE VACATING AN UNDEVELOPED PORTION OF WOOLF AVENUE FOR MCLEAN STREET SOUTH FOR A DISTANCE OF 240 FEET. (VAC97-0002). Lehman: Public hearing is open. This was recommended for vacation by the Planning and Zoning Commission. This is a vacation only. It does not transfer the property to any adjacent property owner. Carolyn Sahs Corson: Hi, my name is Carolyn Sahs Corson and I live on Lee Street which abuts the Woolf Avenue vacation. I have several concerns about this transaction. My mother, Ella Sahs, owns the property that is actually adjoining the land in question west of the proposal. She is 94 years old and resides at Oaknoll now. I live in the family home adjacent to her property and I am speaking as her and our family's representative. The first thing, we would like to ask for a postponement on any action regarding this proposal. I justify this for the following reasons. The adjacent property owners, my mother, Mrs. McGurk Eicher, and the Blades were not notified of this renewal of request for vacation. We would like an opportunity to get the facts particularly about what land the Syrop's would involve, how it would impact our property and what the procedure is for the vacation and the disposition of the property. This is particularly so because it looks like the Planning and Zoning Commission agreed to the vacation and the disposition of the property concurrently. Secondly, we oppose the vacation of the land. To understand this I want to give you a brief history. My father, Adolph Sahs, purchased our property in 1954 from Ms. Mollan of Mullen Road etc, in the neighborhood, with the promise that he would preserve the woodland and build only the family home on the property. He kept his promise until 1986 when he died. Then my mother and I as property owners wished to continue with that promise. So, for a total of 46 years our family has been the caretakers of the woods and we would like to continue to preserve this natural woodland area. My third part of this is if the City Council does vote to vacate the land we would like the opportunity to purchase that portion of the property that is adjacent to ours. We do not know how this Syrop purchase would impact future access to our property from Woolf Avenue. We have concerns that their purchase would substantially lower the value of our property and completely close off our future access and options. In conclusion, we do not understand how this has progressed so far without any notification to the adjoining property owners. We would like a chance to begin with a neighborhood meeting to explore the interest in an equitable disposition of the property in question if the vacation proceeds. In addition, we would like to meet with the necessary City representatives to discuss procedures and options for vacation and disbursement of the property. We want to go on record as opposing the This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6d ............ Page 16 vacation but if vacated we want the opportunity to purchase that portion that is adjacent to our property. Thank you very much. Lehman: I just have one question- why do you oppose the vacation? The vacation of the property just means that it will no longer be used or can be used by the public- isn't that correct? It doesn't change the ownership it just means it is no longer a public thoroughfare. It is no longer a street. It is vacated. Why would you oppose that? Corson: Well, I guess because of what it says here: subject to the disposition of the property concurrent with the final consideration of the ordinance to vacate. And I believe that specifies- Lehman: Well it is subject to the retention of easements is what it says. If there is any- if there is any disposition of the property easements have to be retained. Is that not what it says Eleanor? Dilkes: Easements will be retained. But, I think the speaker is right in that the plan is to vacate and dispose to abutting property owners. Lehman: But is it- does Planning and Zoning Commission decide who-? Dilkes: They don't deal with the disposition, they deal with vacation. Lehman: Right. Dilkes: Although that is- I mean, the application came to them because the applicant is an abutting property owner and is interested in vacation and purchase. Lehman: What would be the process we would go through for disposition? Dilkes: What we do is we do the vacation process, it comes to you and before we do- we do the disposition at the same time we do the final action on the vacation. Lehman: But what process would we go through and determine how- Dilkes: We set up- I am sorry. Lehman: -how would we determine who will have the opportunity to purchase? Dilkes: Typically, and Karin Franklin is in the audience she can correct me if I am wrong but, typically the abutting property owners are given the opportunity to purchase the property that is vacated. So if you have a street that is being vacated and you have several abutting property owners This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6d ............ Page 17 then each abutting property owner would be given the opportunity to purchase that portion that abuts their property. But it sounds to me like- and I, we have confirmed that the letter that the speaker is talking of did not go out and so I certainly understand her need for more information and I think the recommendation was that we continue the public hearing. O'Donnell: Do we not post an area? Champion: It was posted. Corson: It was posted but we can't see that from our property. O'Donnell: Okay, you live on Lee Street? Corson: Live on Lee Street, right. Pfab: That brings up an interesting question. Is this the time to ask questions? Okay, you are saying that it is- what about the abutting property owners? Champion: They have the right to purchase part of it too. Pfab: They have the right. But do they- let's say I came in with a million dollars and wanted to buy it? Could I buy it? I mean, the fight- does that mean it excludes everybody else? I am just- that is a question. I don't know. Dilkes: Well, yes. I mean, I think the simple answer to that is yes. That if- that our practice has been that if the abutting property owner wishes to purchase the property and is willing to pay, as we are required to get buy state code, fair market value. Then that property owner is entitled to purchase that property. Once it is vacated. If it is vacated with the intent to dispose of it to private property owners as opposed from vacated with the intent that the city will retain it as city property. O'Donnell: Okay, but we always give abutting property owners the first fight to refuse- is that fight? Dilkes: I don't know ifI- yes. Essentially, yes. Corson: There would be- Lehman: Wait a minute, Karin says that is not- Dilkes: Karin is shaking her head at me so maybe I am wrong. Franklin: It is not exactly first right of refusal. We notify the abutting property owners thinking that those are going to be the folks who are going to be This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6d ............ Page 18 most interested in buying a portion of this property. However, then it is subject to a public process before the City Council. Anybody can come to the meeting and if they offer you a million dollars for that right of way- Pfab: That is not a public offer (can't hear). Franklin: But if they offer you that and you choose to take that you may sell that property for- to that person even though they don't have any property abutting it. we have never taken the position of right of first refusal but it is- we will also have never had a circumstance, that I am aware of, where anybody has come in and wish to purchase a little sliver of property which is a right of way for any good amount of money that would compel you to sell it to them as opposed to the people who are living fight next door. Pfab: You say a little sliver but that is quite- how wide is the right of way there? Franklin: The right of- well, a right of way is usually 50 feet. Pfab: Okay, by how long? Franklin: So in that zone you have to have a 60 foot frontage on a public street. The fight of way is not wide enough to be a buildable lot in and of itself. So for somebody to buy it just for the sake of having a 50 foot wide strip in a neighborhood where they don't own any other property- Pfab: It is not likely. Franklin: It is highly unlikely. Pfab: All right. Lehman: Karin, would- I am sorry. Eleanor go ahead. Dilkes: The typical process when we do a vacation is that we vacate and we convey to abutting property owners. I mean, this is very- I mean, that is the way we usually do it. Franklin: Because usually when a vacation is requested it is from an abutting property owner who wishes to purchase it. We don't go out and try to find right of way to vacate. It is usually from somebody who owns property right next door and they wish to vacate it often because they have been using it for years as garden or whatever part of their lawn and they wish to just clear it up so that they can continue to use it for that. Sometimes it is to build a building there, a garage or something. Pfab: How is the price determined? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6d ............ Page 19 Dilkes: I think we just went through that in the discussion a few weeks ago and I think that the conclusion that the Council reached was that we would start or our starting point would be with the assessed value of the abutting lots. But, there are a lot factors to consider after that. How encumbered the piece of property is that is being purchased with easements etc. Whether it creates a buildable area or whether it is just going to be used to provide a little more yard for planting of trees etc. there are a number of factors to consider but the Council's decision is that the starting place would be with assessed value. Franklin: One thing I would like to point out, this issue of the Planning and Zoning Commission and the disposition. The only reason that the disposition was even mentioned in the staff report this time is because we have found from past incidences where people have requested a vacation that they then said they would buy we get to the point of the actual conveyance, can't agree on a price, the right of way is vacated but it is never purchased then by the abutting property owner. So rather than go through all of this vacation for what purpose we attach to that a condition that the vacation not be final until the disposition is decided. The Planning and Zoning Commission doesn't decide anything about the essence of the disposition, that is, who is going to buy it and for how much. That is all before the City Council. All they did was agree that we should get that part of it resolved before the vacation was finalized. You may decide to vacate without disposing of something if the Council wishes to go that way. Lehman: Well, Karin, obviously this interest in vacating this property is driven by someone's interest in acquiring that property. Now, because all of the folks involved in this were not notified and I realize that wasn't perhaps a legal requirement, would it be appropriate to continue this public hearing? Franklin: Absolutely. Lehman: And before we close the heating I would like to know what the disposition of that property would be? In other words, who would be buying it and in what portion of it. Whether or not it makes a buildable lot. What the price is. In other words, let's not vacate the street and find out six weeks from now that nobody wants to pay the price for it. In other words, can we have all of this information together? Franklin: You may. What we need to do however to get that crystallized is to start the disposition process which means a resolution of the intent to dispose of public property which would go on your next agenda. Lehman: Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6d ............ Page 2o Franklin: And a public hearing subsequently on that and a resolution of disposition. Now, what we were trying to do is to get this started so that those two things could run concurrently. However, if you want to leave the public hearing on the vacation open we can do the public hearing on the disposition but you cannot pass the resolution on the disposition until you do the third reading on the vacation. Lehman: Did you guys figure all that out? Dilkes: (can't hear) I think as a practical matter before we can do the resolution setting the public hearing on the disposition we are going to pretty much have to have these things worked out. we are going to have to know- I mean, the resolution of intent expresses an intent to sell it to certain people at a certain price. Franklin: Maybe what we should do is sit down with Ms. Corson and everybody else who has an interest in this property and see if we can't sort this out and come back. Champion: Good idea. Lehman: I would entertain a motion to continue the public heating. O'Donnell: I continue we continue. Lehman: I am sorry- just a minute. Kanner: Well, I had a question for Carolyn before we continue if that is all right. Lehman: Go ahead. Karmer: Carolyn? Corson: Yes? Kanner: I had a question or two from- my understanding from what you are saying is that your first option is that we do not vacate the property. So I am to understand that you feel that it is a community asset, the trees that are there that people enjoy it just as it is and it should stay just the way it is basically? Is that what you are saying? Corson: I guess the main concern is what would happen to it if it belonged to one property owner. That is the concern. Kanner: And do people now enjoy the space? (changed tapes) either aesthetic or walking through it or-? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6d ............ Page 2 1 Corson: Not really. Not really. It is a ravine type thing. The city has access to at least water- is that right? (can't hear) The kids play in it. So, it is not a beautiful area or park area or anything like that. It sort of has just always been part of our (can't hear). Kanner: And one other thing. You said you are concerned about future access and options. How would that- if someone else bought it, your other neighbor bought it, how would that inflict non-access? Corson: Well, legally I don't know. The- my mother's property has never been divided up into lots and I don't know if someplace down the road if other people along that area would sell their property and put a road in there. How that would affect my mother's property. I just don't know, you know, legally anything about that. Maybe I am not answering your question. Lehman: No, but I think that the information that we are looking for between now and two weeks from now might tell us that. In other words, if we know what the disposition of that property will be, who is interested buying what, what it does to their property, if it makes a buildable lot, if it cuts off somebody's access. Those sorts of things we can sort out at- when we continue the hearing. Corson: Okay. And as I said, our main concern was that we hadn't been notified and we didn't know whether this would just go ahead and be sold to one person. Champion: We know that. Corson: So thank you. O'Donnell: Thank you. Wilburn: If it hasn't been done I will second the motion to continue the hearing. Lehman: It was moved by Mike and seconded by- I am sorry. Mafita. Marita McGurk Eicher: I am Marita McGurk Eicher and I live on McLean Street and I realize the city would probably want to dispose of unused streets because of maintenance and liability but I hope that you, the Council, considers this as a little buffer zone to keep the present and future homeowners from developing this native woodland in this area. Another small portion of this city property that has been used by Project Green for the last ten or fifteen years for potting hostas that are sold at the Project Green sale. Hundreds and hundreds of plants have been sold and grown This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6d ............ Page 22 on this little plot of ground that the city owns down there. And thousands of dollars have been generated from this to help beautify all of Iowa City. So therefore, I hope that you would consider carefully before giving up this property. Thank you. Lehman: Thank you. Pfab: That is interesting because I was thinking ifI was going to buy it I would put a greenhouse on it. Lehman: Can't build on it because it is too narrow. Pfab: That was just a joke. Lehman: Moved by O'Donnell, seconded by Wilbum, to continue the public hearing. All in favor? All: Aye. Lehman: Opposed? The public hearing will be continued to April 18th. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6e ............ Page 23 ITEM NO. 6e.) PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, TO ALLOW MASONRY WALL SIGNS IN THE GENERAL INDUSTRIAL (I-l), HEAVY INDUSTRIAL (I- 2), OFFICE RESEARCH PARK (ORP) AND RESEARCH DEVELOPMENT PARK (RDP) ZONES. Lehman: The public hearing is open. What this will allow actually is ifa masonry wall can be erected and on that wall can be placed a sign, currently that is not a permitted use in Iowa City. We can put up signs, we can build monument signs, but a sign such as a large industry or office complex would like to use on a masonry wall is not permitted. So this would allow that. This was approved by Planning and Zoning on a vote of 7-0 and has been recommended by staff. Did I open the public hearing? Champion: You did. Lehman: Anyone wish to speak to this? The public heating is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6f. ........... Page 24 ITEM NO. 6f) PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, TO ALLOW OVERNIGHT BOARDING OF ANIMALS WITHIN SMALL ANIMAL CLINICS IN THE COMMERCIAL OFFICE (CO-1) ZONE. Lehman: The public hearing is open. I might add we talked about this last night. This- the boarding of small animals is allowed only if the area is sound proof and the odors are controlled. Anyone wish to speak to this? The public heating is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6g ............ Page 25 ITEM NO. 6g) CONSIDER AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12), FOR 0.82 ACRES OF PROPERTY LOCATED ALONG THE WEST SIDE OF BENTON COURT, NORTH OF BENTON STREET (OAKNOLL). (REZ00- 0001). (FIRST CONSIDERATION). Lehman: Item g involves a rezoning with which I have a conflict because I am on Oaknoll's Board of Directors. Mike would you take this? O'Donnell: I have got my own Errlie. Champion: Move first consideration. Pfab: Second. O'Donnell: Moved by Champion, seconded by Pfab. Discussion? Champion: This has been a long process. O'Donnell: And essentially all this is doing is making an existing parking lot now fall within city compliance. So it is a good deal. Pfab: I do have one question. O'Donnell: Okay. Pfab: This was where I (can't hear) it says that if approval of the proposed rezoning with conditions for building, design, review prior to issuance of a building permit. Is that part of the deed? Is that part of-? Dilkes: It is a conditional zoning agreement. Pfab: And does that travel with that property? Dilkes: Yes it does. Pfab: Okay. I couldn't find it and I had seen it someplace. O'Donnell: Further discussion? Roll call. Okay, now we will bring our Mayor back in. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #6h ............ Page 26 ITEM NO 6h). CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ESCROW AGREEMENT FOR LOUIS CONDOMINIUMS, IOWA CITY, IOWA. Lehman: The next three items we have been asked to defer. Do we need to read those and then defer them or- Dilkes: No, you can entertain a motion to defer all three. Lehman: I would entertain a motion to defer items h, i andj. Pfab: So moved. Champion: Second. Lehman: Moved by Pfab, seconded by Champion. All in- yes? Kanner: Why are we deferring that? Lehman: We have been asked to that. Dilkes: On h, the escrow agreement is not fully executed and therefore we can't do the final reading of the ordinance at i. And on j the applicant has requested deferral. Lehman: All in favor? All: Aye. Lehman: Opposed? Those are deferred until the 18th of April. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #7 ............ Page 27 ITEM NO. 7 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL SITE PAVING 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.) CON SIDER A RESOLUTION APPROVING Lehman: Do we have a resolution? Wilbum: So moved. O'Donnell: Second. Lehman: Moved by Wilburn, seconded by O'Donnell. Discussion? Kanner: I had a question. Lehman: Yes? Kanner: Are we planning to incorporate any of our- the tire shreds that we use for some roads, I think? The recycled tires in this project at all? Dan Scott: As a part of this project? Kanner: Yeah. Scott: Uh, probably not in this project because there won't really be any need for it in the building itself or the paving. What we have done with the tires in the past is used them in the drainage layer of the cell constructions and we will probably look at that in the future and maybe on some of the access roads as well. Kanner: I thought the used tires were put into the top part of the different road. Scott: We have ground up shingles to do that. Kanner: Maybe that is what I am thinking about then. Scott: That might be it. Kanner: Is that- is there any plan to use that for part of this project? To ask the contractor to use that? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #7 ............ Page 28 Scott: Again, probably not because- Lehman: This is a paving, you need a hard surface here. Scott: Exactly, for what we are trying to do- Lehman: (can't hear) shingles. Scott: Sorry, go ahead. Champion: He just answered your question. Scott: Yeah, it just won't work for this particular application. But we will look at using the shingles on some of the other roads in the future. Lehman: Thank you. Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #8 ............ Page 29 ITEM NO. 8 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE 2. Lehman: The project opening was held today. Estimate of the project was $380,000. We had two bids. The low bid was $360,000 or exactly $20,000 under the estimate and the Public Works and Engineering are recommending the acceptance of that bid. Do we have a motion? Pfab: So moved. Champion: Second. Lehman: Moved by Pfab, seconded by Champion. Discussion? This is the project- the original bid, Steve, on this project and I realize it has been changed since gale winds wasn't that well over a half a million dollars the first time around? Atkins: The whole project together was closer to $1 million. Lehman: Yeah, a lot more than we felt we could do. So this is $360,000. The paving which we took out we estimated around $200,000. So it is just less than half of what we had originally thought. Arkins: If you will recall when we through that bidding process you sent us back and a complete redesign was undertaken. Lehman: Right. Further discussion? Kanner: Will this be built this summer? Lehman: I would assume it will. Scott: Yes, it will. Kanner: So in the fall folks can look forward to having this? Scott: We hope so. We hope to have a fall grand opening. Wilburn: Barring natural disaster. Scott: Yes, cross your fingers. Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #9 ............ Page 3o ITEM NO. 9 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BENTON STREET TURN LANE AND NED ASHTON MEMORIAL PARK PROJECT. Lehman: We received on this project four bids, the low bid being $171,804. The engineer's estimate was approximately $135,000. There is a significant difference in the bids. Public Works and Engineering have recommended awarding the contract to the low bidder who is Streb Construction along with, I think, we all received a memo from the City Engineer indicating that there will be some work removed from the project which will lower that bid. Rick or-. There is some monument work being removed. Karr: Mr. Mayor, before we start I was wondering- we do get a lot of comments from people occasionally who are watching at home and they may not know our staff. And I was wondering if they could introduce themselves prior to- Lehman: I am sorry. Knoche: Ron Knoche, civil engineer. With the work that would be removed it would lower the bid to $144, 142. Lehman: Okay. Pfab: But what was the difference between the estimate and the final bid? Knoche: The estimate and the final bid was- Pfab: I know it was like 27% difference. Knoche: Yeah, it was around $37,000- I believe was the difference. Pfab: Okay, now what- I am questioning here if removing part of it should these people have a chance to re-bid that? Basically it is a different bid. Dilkes: What we have discussed is that we are put in a position of having to award what was bid. I mean, we are not changing the bid. We are awarding what was bid and then we will have to negotiate with the successful contractor for some change orders reducing some items. And I think that is an appropriate procedure. I can imagine a situation where you would eliminate so much of the bid that you would turn the whole bidding process on its head but I don't think that is the situation that we have here. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #9 ............ Page 31 Pfab: But I- ifI remember yesterday you mentioned that what caused the bid to go rocket into space so to speak was the fact that there was some very specialized work that was different than the normal work in a bid like this. Knoche: Correct. Pfab: So maybe the other people had the same problem and maybe it would have made a lot of difference to them if they didn't have to fight that same battle. Knoche: With the work that we looked at removing or deferring to a later date, if you look it across in the bid tab everybody bid the work approximately the same. Because everybody has to get the rock from- the rock that we are using is a limestone from Weber Quarry in Anamosa and they gave the same price to everybody in that work. Pfab: Well, let me ask you this. Is there any possibility that the other people would have submitted a different bid if that wasn't going to be done? Champion: Probably not. Knoche: I can't speak for a contractor. Dilkes: I think what Ron is saying is that by looking- this would be a more difficult call if we had a lump sum bid. But that is not the situation. We have a bid where these different items were called out so we can compare the different items between bidders, not just the lump sum or the total bid amount. And so what I think Ron has just said is that when he looks at the items that will be or we will attempt to eliminate- no it wouldn't have made a difference because they were all very close. Because they were being supplied by the same party. Pfab: Does- is there a possibility of a liability from the other- because of the fact that the other bidders are not able to participate the same way? Dilkes: I think what we are doing is proper, whether someone would make a claim against us I can't speak to that. Champion: We have done this before. Dilkes: We have done this before and I think it is appropriate. Champion: And so then you feel that later on because we won't have kind of a third party acting for this masonry work we might be able to get a better price? Knoche: Correct. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #9 ............ Page 32 Champion: I agree with you. Knoche: Thank you. Lehman: Did we ask for a motion on this yet? Is there a motion to approve this bid? O'Donnell: So moved. Lehman: Moved by O'Donnell. Champion: Second. Lehman: Seconded by Champion to approve awarding the bid to Streb Construction with the understanding that there will be some negotiation removing some of the items for a- lowering the bid to approximately $144,000. Discussion? Roll call. Motion carries 5-1 with Pfab voting "no". This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #10 ............ Page 33 ITEM NO. 10. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PUBLIC WORKS COMPLEX ADMINISTRATION BUILDING PROJECT. Lehman: This was a project with an estimated cost of $698,500. We received four bids ranging from $730,000 from Apex Construction Company of Iowa City to $893,000 from Knutson. Public Works and Engineering is recommending the award to Apex Construction. Do we have a motion? O'Donnell: So moved. Lehman: Moved by O'Donnell. Pfab: Second. Lehman: Seconded by Pfab. Discussion? This is on the new site down by Napoleon Park. Atkins: Yes. Lehman: This is something we need desperately. And have needed for a long, long time. Champion: Well, we do need this desperately but it is a little high and I am wondering if there is some way that when we award this contract that we can maybe look at maybe there is some cheaper material they can use. Maybe- I mean, can we do that? Have we ever done that? Atkins: Basically what you just- Dilkes: You just did it. Atkins: You just did it, yeah. Dilkes: In the item before this. Champion: Right. I mean, I think that is quite a bit above our estimate. Lehman: Well, it is less than 5%. Or about 5%. Atkins: It is a 4% difference. And Connie and members of the Council, that is a fairly common practice on our part is that we will go back with a contractor and if the staff happens to discover some alternate material-. Contractors in our experience have generally been more than happy. As This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #10 ............ Page 34 you know, when they bid these things they bid quantifies and so therefore it makes it easy to call out an item and rework a number. Champion: I mean, it is not a lot of money but our budget but it still is- because it is not a lot of money it might be not hard to cut out. Atkins: And also note here, as on the previous project, is that you have three bids that are very close. Which indicates market. We believe. Champion: Okay. Lehman: Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #11 ............ Page 35 ITEM NO. 11. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE DODGE STREET BRIDGE WATER MAIN REPLACEMENT PROJECT. Lehman: The engineer's estimate on this one was $61,508. Maxwell Construction's bid was $57,636. Public Works recommends the awarding of the contract to Maxwell Construction. Pfab: I move the resolution. Lehman: Moved by Pfab. Champion: Second. Lehman: Seconded by Champion. Discussion? Wilbum: Is this the one that runs the water main right underneath the bridge? Is that this-? (several talking) Schmadeke: Yes. The existing water main goes down underneath the railroad tracks and we have had a lot of problems with that so this project will hang it from the bridge. Wilburn: Okay, thanks Chuck. Lehman: Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #12 ............ Page 36 ITEM NO. 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA AVENUE STREETSCAPE PHASE I IMPROVEMENTS PROJECT. Lehman: Estimate on this project was $1,560, 900. We received two bids on it. All-American Concrete was the low bid at $1,098,758.10. $400,000 of this phase of the project is to be paid for by the University of Iowa. Do we have a motion? Champion: Move adoption. Lehman: Moved by Champion. Wilbum: Second. Lehman: Seconded by Wilburn. Discussion? This is the block adjacent to the new parking facility on Iowa Avenue. Is that not correct? Atkins: Yes. The 300 block. Lehman: Okay, the 300 block of Iowa Avenue. Atkins: As well as the storm water project for the State Historical Society. That is correct. Champion: They will be glad to get that. Lehman: Yes. Discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #13 ............ Page 37 ITEM NO. 13. CONSIDER A RESOLUTION CERTIFYING UNPAID MOWING AND CLEAN-UP OF PROPERTY CHARGES, SNOW REMOVAL CHARGES, SIDEWALK REPAIR CHARGES AND STOP BOX REPAIR CHARGES TO COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Lehman: These are charges which- for services provided by the city or contracted by the city on private property because they were not performed by the property owners. Those charges if unpaid to the city are certified to the county to be placed as liens on the property. Is that correct? Atkins: That is correct. Pfab: I move the resolution. Lehman: Moved by Pfab. Champion: Second. Lehman: Seconded by Champion. Discussion? Atkins: Sorry, I do believe you need to afford an opportunity for folks in the audience who might wish to comment on that. Lehman: This is discussion. Does anyone like to speak to this? Roger Larson: I would like to speak to it conceming my property. But is this the time or is this-? Lehman: Yes, this is the time. Larson: Okay. There was work done on my property. I did let the grass get a little- Dilkes: Can you state your name for the record sir? Larson: I am sorry, my name is Roger Larson. But I did mow it and it is my understanding from that letter sent it said "mowing grass and weeds" and I did do that. Not only have I mowed my property down there for years but I have mowed my neighbor' s property. And I think there was perhaps some confusion with the city that most of this work I think was probably done on my neighbor' s property. Also, there were some vines that grew up largely from my neighbor' s property onto my property. The vines weren't troubling me but apparently they troubled the city and the city had them removed. I wasn't sure I was liable for that since most of them grew up from my neighbor's property. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #13 ............ Page 38 Lehman: Did you discuss this with the folks here at the Civic Center? Larson: Well, they had pointed out that there was some grass that needed to be mowed and I did mow it before the city came. And then they came and did some trim work and I didn't hassle that so much. But then they came back again and then I was- I did speak to the building committee- to the building department and I think that they suggested that I come here. Lehman: Well, if they suggested that you come here they are probably not concurring in your conclusion. Is that correct? Larson: Okay. Lehman: Is that fight? I am just saying I don't think they would ask you to come here if they agreed. Is that correct? Larson: I don't know that- I question whether they realize that most of that work was done on my neighbor' s property. Lehman: Well, I certainly can't speak to it because I don't know. Pfab: I move that we table this until this gets sorted out. At least for his property, if we can do that. Kanner: I would like to concur with that, unless we have someone here that can speak to it. Pfab: I think there is some ambiguity here. Atkins: I have photographs. Lehman: Well, yeah- Steve? I think this is documented. Atkins: Yes, it is. Lehman: Otherwise I don't think we would have it here. Atkins: That is correct. Now, if you wish us to research it further then I would encourage you to defer the item and we will bring it back to the next meeting if you would like. If there is some- there is an extensive history on the property. I would think they would- I have reasonable confidence that they understand whose property is whose. But if you feel more comfortable deferring it that is fine with us also. Kanner: I would like to move for deferment of just this individual property. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #13 ............ Page 39 Champion: I think we already have a motion. Dilkes: Why don't you move to amend the item before you to delete this item, Roger Larson's item, from it? Kanner: I would like to amend the motion to delete the Larson property for consideration at further meeting- at the next meeting, Council meeting. Lehman: Moved by Kanner to amend this by deleting the Larson portion of this resolution. Pfab: Okay, I will second it just for (can't hear). Lehman: Seconded by Pfab. Then we are going to take a look at these pictures though before we discuss it. Kanner: Emie, I guess I would say there is a question that has been brought up about property being- the proper property, who owns it. I would just like to hear that from the people that are dealing with this day to day and be able to vote on it at the next meeting. Dilkes: I can tell you that for each property we do go through a process where we contact the county office and find out who the record owner is of the property. But I can't speak specifically to this property. Pfab: But is this- have you ever- has it ever happened that you- this happened before where you worked on somebody else's property? (can't hear) that there was a dispute? Arkins: To my knowledge this never happened but human beings do the work and human beings can make mistakes. Champion: Well, I am not willing to not vote on this tonight but I think that if there has been a mistake made we can always grant a refund. Atkins: That is correct. Pfab: I am inclined to lean that same way now that I have seen- O'Donnell: Seen the pictures. Lehman: All right, discussion on the amendment which would remove this from- Mr. Larson's property from the resolution? Pfab: I even withdraw my second on it after what I saw. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. # 13 ............ Page 40 Lehman: The second has been withdrawn. Would anyone else care to second the motion? The amendment dies for lack of second. Is there any other discussion on the resolution as unamended? Roll call. Motion carries 5-1, Kanner voting "no". This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. //14 ............ Page 41 ITEM NO. 14. CONSIDER A RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMEMT PROJECT TO CONSTRUCT THE FOSTER ROAD GRADING AND WATERMAIN PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING FOR MAY 16. Pfab: Move the resolution. Lehman: Moved by Pfab, seconded by O'Donnell. And this is the construction of sanitary sewer water main and storm water between Dubuque Street and- from Dubuque Street to Prairie Du Chien Road. Discussion? Champion: I always have to ask this question because it confuses me when you talk about grade. We are not actually grading a road in there are we? Is it just a road for utility? Lehman: I think we are grading. Champion: We are really grading a road? Lehman: Well I think when you are putting utilities in it is a lot cheaper to grade the level of the road and then put the utilities in then it is to put the utilities in and then grade later. Is that correct? Schmadeke: That is right. That is grading for the road. But the paving will not be included. Lehman: Just the rough grade. Schmadeke: Right, just the rough grading. O'Donnell: Chuck, how much deeper do you have to bury the water pipe if you don't rough grade? Lehman: It depends on the hill. Schmadeke: In this area we would follow the contour lines and it is more a matter of areas that we need to fill rather than cut on this particular route. Pfab: Is this in anticipation of a new street? Schmadeke: At some future date yes. Pfab: What is done to the disturbed ground to protect that until the street is finally built? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #14 ............ Page 42 Schmadeke: We seed it down and restore it to a grassed area. Pfab: So that basically puts a stop to any further erosion? Schmadeke: Right. Lehman: Other discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. # 18 ............ Page 43 ITEM NO. 18 CITY COUNCIL INFORMATION Lehman: Who would like to start? Champion: I will pass. Lehman: Mike? O'Donnell: Nothing. Kanner: Um, yeah, I just hope that we move expediently on the Deer Management Committee issue and that we put that in a work session. And one of the issues again to look at is the sharp shooting. Personally I don't think we should be having sharp shooting or sharp shooting at all but let alone silencers. So I hope we will consider that soon. Lehman: Obviously we are going to talk about that with the Deer Committee. And I think we will- I am sure we will probably get (can't hear) from them, but I think Steve that after they meet the first couple of times we will try to have a joint meeting. Atkins: I listed about 4 or 5 things that you wanted on their agenda and I am assuming that you will want that reported back to you- those items? Lehman: Right. Okay, I have got a couple of really neat- one really neat thing. I got a call today from Trudy Day who is the principal of City High School. City High School is going to be receiving a Grammy Award at 12:30 Friday April 7th. Council is invited to this. I cannot go- this Grammy Award is given to only the top 10 music departments in the entire country. City High is going to receive that. And I know they would be appreciative if some of us could be there. Wilbum: When was that again? Lehman: Friday at 12:30 at City High. Pfab: Friday April 7th. Lehman: Right, so it would really be nice if some of us could be there. Champion: Will it be in the gym? Lehman: I don't know. I am sure if you ask you will- get there and you will find out. But that is a tremendous honor and it would be very nice if- Champion: 12:30. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. # 18 ............ Page 44 Lehman: At 12:30, that is correct. And then Friday morning, and I guess I need some more information on this, but there is going to be a ribbon cutting for the official opening of the railroad sighting in Iowa county that is going to reduce all of the railroad traffic on Highway 6 here in town. Champion: Great. Lehman: At the American Carpet Gallery parking lot there will be donuts and coffee and we are going to celebrate the fact that all those railroad cars are not coming through Iowa City blocking the streets anymore. So- Champion: What time is that? Lehman: That is at 10:00 on Friday morning. I will be there. Pfab: Where is the location of that? Lehman: American Carpet Gallery. It is down on Highland Avenue. Pfab: Okay, all fight. I think that is one of the greatest things that's happened in a long, long time. Lehman: Yeah, that is a neat deal. Okay, Eleanor, do you have anything? Dilkes: No. Lehman: Steve? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000. #19c ............ Page 45 ITEM NO. 19c.) REPORTS ON ITEMS FROM CITY STAFF CITY MANAGER Atkins: I had one item for you. I laid at your place a memorandum concerning procurement policies. Just to sort of encapsulate it, most of you are familiar with our city logo clothing purchases that our employees make and we provide that to them as, quite frankly, one of the more fun things that we do. We periodically research our vendors and with the heightened awareness of sweatshops and those sorts of issues we discovered that we believe that some of that clothing may in fact be made in an environment that we don't believe we can support as employees. So therefore we stopped the purchase of that logo clothing. We prepared a policy statement internally with respect to how we would conduct ourselves with respect to the purchase of all of our goods and services and what we are going to be doing is looking for another vendor. I just wanted to give you a heads up about it. Pfab: I think that is a great idea. Lehman: Marian, do you have anything? Do we have a motion to adjourn? O'Donnell: Move we adjoum. Lehman: Moved by O'Donnell. Wilbum: Second. Lehman: Seconded by Wilbum. All in favor? All: Aye. Lehman: Opposed? Meeting is adjoumed. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 4, 2000.