HomeMy WebLinkAbout2001-10-23 Transcription #2c Page #1
ITEM NO. 2. MAYOR'S PROCLAMATIONS
2c. COMMUNITY AND REGIONAL PLANNING DAY - NOVEMBER 8.
Karr: Here to accept is Planning and Zoning Commission Chair, Ann Bovbjerg
Ann Bovbjerg: Thank you very much Mr. Mayor and Council. Planning and Zoning
Commission are seven ordinary people who try to bring a citizen's view to
planning for development in Iowa City so that we have a very good livable
city. We study, we sometimes feel we should pay tuition, and try to give,
each of us, our own perspective on water and streets and stores and
everything else. We could not do this...and I would like to take a couple
of minutes to thank the staff that give us major, major background. Of
course, the planning staff, housing staff, Community Development, are the
big one and they consult with other staffs and they give us what looks like
course outlines for studying. By the time we get finished reading, and
studying, and listening to them and they describe to us, we have a good
idea of what's going on. And when we go to national conferences we
discover that our planning staff is tops above anything. People cannot
believe how much information we get and how much help they give us.
And if, for some reason, we still need one more fact they go and get it.
The other group that, groups that help us a great deal is the legal staff.
They keep us on task, they keep us on focus, they find out the legal
ramifications, the meanings of ordinances, state law and we really
appreciate the legal staff and all they've done for us. We give them hard
times sometimes but they're, they are very supportive. The document
services people do all our course work and they turn our minutes into
something that you can understand and use for your own work. And we
could not help you if it weren't for the staff people who work here so well
for us. Thank you very much for this proclamation.
Lehman: Thank you. And I take issue with one thing. I think there are seven
extraordinary people. Planning and Zoning Commission probably when it
comes to boards and commissions works as hard or harder than any
commission that we have.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#2d Page #2
2d. ALL JOHNSON COUNTY READS THE SAME BOOK.
Lehman: This book project began in August of 2001 when the citizens of Chicago,
Illinois engaged in a reading project similar to the one proposed for
Johnson County. The book chosen in Chicago was Harper Lee's To Kill
A Mockingbird. Mayor Daley made the following statement regarding the
book and the overall project. There is a strong message here not just for
the City but for the County and the world. A message about racial or
religious or ethnic or class prejudice. But first of all this project is about
reading. Not just reading this book but reading in general. It's all about
literacy and how really important it is in the modern age. The book
selected for Johnson County, The Last Summer of Reason, represents the
importance of tolerance and understanding. Let us remember that always.
Karr: Here to accept is Burns Weston.
Bums Weston: Oh, thank you. And here's something to go with that.
Lehman: I see.
Weston: Wear it in public.
Lehman: Okay.
Kanner: What does it say?
Lehman: This is a book and this is a pin that says I am reading the Tahar Djaout,
which I will.
Weston: I just want to thank you Mr. Mayor for issuing this proclamation. And to
say that this is the, an initiative of the U.I. Center for Human Rights along
with a group of others from both the University and throughout the City,
indeed the County. It has already begun to take a considerable degree of
fire. I just learned today that some 600 students at City High are going to
be reading this book. And I've heard reports of various fratemal
organizations, church groups, book clubs and whatnot all over who are
engaged in doing so. This is abook of courage, of passion, and defiance
against religious fanaticism that leads to the destruction of not just a single
human being but of a whole society and obviously speaks volumes for
what currently is going on in the world today. It happens to be about
Islamic fanaticism but it really is a statement that is addressed to
ideological or religious fanaticism wherever it is found. Ironically we
selected...I should...I say we, that means me, Chris Merrill from the
International Writing Program, and Jim Harris from the Prairie Lights
Book Store, selected this book prior, oddly enough, to September 11. I'm
sorry to say we were so prophetic but the fact that it is now something that
we can read and hopefully help to bring us better understanding of
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#2d Page #3
precisely the kind of peril that the world is currently facing. I hope it will
also bring greater understanding. Thank you very much.
Lehman: Thank you, Bums. I was actually going to read this under Council time
but I'm going to read it fight now. Tomorrow, or... Thursday morning at
7:30 at the Union is the annual Human Rights Awards Winners breakfast.
It's at 7:30, second four ball... second floor ballroom. You can make
reservations until 5 o'clock on Wednesday. So tomorrow until 5 o'clock
you can make...and this is a delightful luncheon recognizing, I think,
some very significant people. So I certainly would encourage anyone who
is interested to... let me see, we don't have a phone number, yes. Phone
number is 356-5022. That's Heather Shank the Human Rights
Coordinator. Again 356-5022 for information on those tickets.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#3 Page #4
ITEM NO. 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by Vanderhoef. Discussion?
Wilburn: I just have a question for staff. Steve maybe you can answer, or Madan.
The consent calendar's (something?) will read due adopt or approve the
liquor licenses.
Atkins: Um-huh.
Wilburn: Given our conversation about trying to do education, is this a chance
perhaps to make sure they have some periphery understanding of the
alcohol ordinances? We had talked at one point about passing out some
type of(can't hear). It jumps to mind, not only this, because I know
there's a new license being given out. It seems like a good chance...You
know, I'm sure that...
Atkins: I was going to say to Marian, the paperwork is processed through her
office. If there was the intent to distribute any sort of information about
the ordinance we...
Karr: Were you wondering about the new alcohol ordinance, Ross?
Wilburn: Yeah. Yeah.
Karr: Well certainly the new applications are keenly aware of the additional
requirements on them with the addendum to the state application form.
We also have the copies of the app...along with the addendum we also
have copies of the ordinance itself. We certainly could make that as part
of the packet they pick up very easily ifthat's what you are so inclined to
do.
Wilbum: I just...I don't know what form it might take whether it'sjust a copy of
them or down the road a real simplified this is kind of what it means, if
it's...ifthat's possible. Because it seems...
Karr: What we may want to do.
Wilbum: ...It seems like it would be a good opportunity at least so it can't be said...
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#3 Page #5
Karr: What I...What we probably would do is I would narrow that down just to
new one simply because this procedure is new to even the ones who are
renewing.
Wilburn: That's true. Yeah.
Karr: So it might be something we take a look at maybe something simplified
that we can do it.
Wilbum: Okay. Yeah, I just kind of thought of it as I was glancing over...
Karr: They certainly are aware of it again because of the addendum and
additional paperwork that they are asked to do. But we certainly can take
a look at some sort of a smaller simplified version we can distribute with
the license when it came back.
Wilbum: Okay.
Lehman: Other discussion on the consent calendar?
Karmer: We had an invite by Jim Throgmorton, by Professor Frug, F-R-U-G, about
City making that looked pretty interesting. Inviting the Council and the
public, The Geography of Community. And that's going to take place
Friday, October 26 from 4 to 5:30P.M. in W151 Pappa John near the
Pentacrest. That looks pretty interesting. I'm hoping to attend that and
invite other folks to attend that.
Lehman: I'm going to try to attend that. Are there more than three of us planning
on going to that? Okay.
Pfab: I would want to go.
Lehman: Okay, they'll...actually...okay. But that... I am planning to attend that.
Other discussion? Roll call. (all ayes).
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#4 Page #6
ITEM NO. 4. PUBLIC DISCUSSION
Lehman: This is a time reserved on the agenda for folks to address Council on items
that do not otherwise appear on the agenda. If you wish to address the
Council, please sign in, give your name and address and limit your
comments to five minutes or less.
Jay Honohan: Jay Honohan, I'm a member of the Senior Center Commission, 2503
Friendship, Iowa City. I'm a little bit out of order Mr. Mayor. There is an
item on the agenda. You've got two males and five females currently
serving on the Senior Center Commission on Item 18. I hope that doesn't
mean that Bill Kelly and I have been fired already. We will serve until the
end...
Lehman: You're very perceptive.
Honohan: ...and it's four and five. I'd like to report that the Skywalk, which the
majority of the Council supported, is a huge success. We had a grand
opening that Mike and Connie attended and it was...had ice cream and
cake and a lot of fun. And if you'd like to see the construction of the
Skywalk, Barbara Hackman is a real sweetheart has done a video of the
entire thing and she's now going to start putting it together. Barbara was
so active in all of that that they gave her a hard hat and she wore it around
the ramp during the construction. The thing I'd like to point out is we're
having a big program at the Senior Center on Veteran' s Day and if you've
been in the Senior Center recently you've heard various parts of the band
playing a lot of patriotic music. I haven't heard a lot of that since I was in
the service. This week we have our accreditation team is in. I think that
the lady from Reno is already here and we're going to have this reviewed
and we hope that will be successful. She's already made one suggestion
by mail that I don't agree with but that's not unusual for me. Finally just a
small item. With the help of the administration the Senior Center
Commission has approved some funds to help enhance the Thanksgiving
dinner at senior dining which we hope will make it a much better event
and you're all invited. I however am going to Australia next Monday so
you won't see me for about a month. Thank you.
O'Dormell: Have fun, Jay.
Kanner: I had a question for the Coancil in regards to that report. We got a letter
form Linda, the Director of senior dining, about 28E agreement
negotiations.
Lehman: Right.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#4 Page #7
Karmer: I was wondering if we can get a report from Mike and Connie in the future
at a work session to talk about what's happening?
O'Donneli: Of course.
Champion: Jay is also on that committee.
Honohan: Would you like a short report?
Kanner: Not... but I'd also like sometime at a work session, perhaps.
Honohan: Oh. I'd be happy to answer any questions you have. The latest situation
is that we met here recently. The County presented a draft, we discussed
that at great length and the committee decided that I would redraft the
third draft, on my computer it's number 7 now. But we're hoping to put
all the ideas of both the County is asking for and our, the commission is
asking for and the accreditation, put it in an agreement that we can live
with. We have another meeting when I get back.
Lehman: I think we did get a bit of an update from Linda.
Honohan: I would imagine.
Kanner: Okay.
Lehman: Okay.
O'Dormell: Well it should be said also that we are all committed to keeping the senior
dining program as strong as we can keep it and in the Senior Center. And
that's what we're working for.
Honohan: That's true that Mike and Pat have been exploring some possible space
with Joe Fowler in the ramp for senior dining, for storage.
Kanner: Okay. Thanks.
Lehman: Thank you.
Champion: Have a great vacation.
Honohan: I intend to.
O'Dormell: Have fun.
Honohan: Thank you.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#4 Page #8
Kanner: Good 'ay, mate.
Christopher Merrill:
Mr. Mayor, Council Member, staff, my name is Christopher Merrill. I
direct the International Writing Program at the University of Iowa and I've
come here tonight with David Skorton, Vice President for Research to
propose that the University and the City join together in establishing Iowa
City as a safe haven for writers at risk. We would join the inter...the
Network of Cities of Asylum which was established in 1995 in Pads and
which is administered by the Intemational Parliament of Writers. This
was founded to protect Salman Rushdie when the (can't hear) was issued
against him back in the early 1990's and they have established thirty safe
havens around West Europe. Now they've come to us in the United States
to try and create safe havens here. We have our first American President
of the Intemational Parliament of Writers, Russell Banks, who' s a novelist
and a screen writer and one of the first places he came was Iowa City. He
thought this is the city of writers. And he approached the International
Writing Program, which for more than thirty years has been providing safe
haven to writers from oppressed regimes all around the wo~d, with the
idea that we would join together with the City going to faith based
organizations, service organizations and trying to enlist as many people in
this project as possible so that we could provide safe haven to those
writers. Just to give you an idea of what we are doing this fall, we have
writers in residence from Cuba, from Mainland China, two writers from
Burma, these are people leaving extremely difficult conditions and what
we're doing... what we're proposing is that we formalize this structure,
working together City and University, to make this really a place for
writers to come. And David Skorton will come and say just a word about
the University angle on that.
David Skorton: I'm here only to confirm that the University administration is strongly
behind this concept. We think working together as we did on the literary
walk and other ways to capitalize on what we believe is the...one of
writing centers of the world, would be most appropriate. We have taken
the liberty of giving you some information and we stand ready later at a
working session or whatever your pleasure is, to discuss this more fully
with you. I hope that you'll at least seriously consider it.
O'Donnell: Thank you.
Lehman: Can we...would the Council agree that we schedule this for a future work
session?
Champion: Sure.
Vanderhoef: Yes. (can't hear)
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#4 Page #9
O'Dormell: that would be great with me.
Lehman: However that works out but we'll be back in much with you. I think we
would like to look at that some more.
Skorton: Thank you very much.
Champion: Thank you.
Pfab: I think it's a great idea.
Karr: Could we have a motion to accept correspondence?
O'Donnell: So moved.
Wilburn: Second.
Lehman: Moved by O'Dormell, seconded by Wilburn to accept correspondence.
All in favor? Opposed? (all ayes) Motion carries. Any other public
discussion of an item not on the agenda?
Dan Leney: Yeah. We had a little... I was just wondering about the Iowa City Police.
We had a little incident about...
Lehman: What's your name first?
Leney: Dan.
Lehman: Dan?
Leney: Leney.
Lehman: Leney?
Leney: Yeah. It's about pulling people's license. I drove up to Hilltop Gas
Station to just wipe my windshield off and I got in an argument with
somebody that works there. And I circle the Hilltop one time and, and,
and yeah then the police, then the police were called. And then a week
later I got a knock on the door by a...by the Police Department saying
well you got this court date and citation. When I told the pol... when I
told the...I told the police that no I didn't rockless drive and the police
came about twenty minutes after I left and he...and so he didn't see me
reckless drive. He didn't see me do this all fight? So a week later he
cames knocking on my door and gave me a court date. About, lets see,
about two years ago in '99 1 had my license pulled for three fender
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#4 Page #10
benders. And, lets see, now today I got home from work and I got this
letter in the mail saying I can not operate a motor vehicle in the state of
Iowa. And they told me when I got my license back, they said, they said
well if you get a citation or a traffic ticket your license will be pulled. The
problem is with this Police Officer that came up knocking on my door is
for one he shouldn't be a Police Officer because he don't know what's
reckless driving and what's not reckless driving. What I call reckless
driving if you're swerving in and out of lanes or if you go through a red
light, that could be a reckless driving.
Lehman: When is your court date?
Leney: Uh see...I went to the courthouse, they dismissed it but then I got this
from the transp... the Department of Transportation whatever saying,
saying, saying my license is pulled. So...
Lehman: Well that sounds...
Leney: ... so what's the problem with the Police Department pulling peoples
licenses. When you're 16 years old it's legal in the state of Iowa to, to
operate a vehicle.
Lehman: I suspect...
Leney: Okay, and if they want...
Lehman: Excuse me. Excuse me a minute.
Leney: Yeah.
Lehman: I think that you're... you really need to talk to the State Motor Vehicle
Department because...or the licensing department. Your...we do not issue
licenses from the state but I think that's who you need to talk to.
Leney: Well what they do is they hang up on you just like this Police Department
does. So what I would like is this Police Officer to take this traffic ticket
back so then I get my license back. Because there's no reason to pull
people'slicense. I...they've...iftheypull...Theypullingtheirlicense
traffic for when I watched them they do not swerve, they do not...I mean I
don't see them going through red lights or anything like this. There's no
reason for them to pull my...my license. All I've been doing...All I've
been doing is driving to work and driving back or taking this, going
around the downtown area and then I head back home or whatever. So
there's no reason for my license to get pulled.
Champion: Did you say...
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#4 Page #11
Leney: And they...
Champion: ...the charges were dismissed?
Leney: No. Well I plead guilty to this but I should...I mean because I want to get
over with. But they should have, they should have never, they should
have never...I mean I never should have gotten that traffic ticket.
Lehman: I'm not sure that there's anything we can do for you.
Wilburn: Do you have someone working with you to talk to the Department of
Transportation? Because it sounds like...would it be helpful for you to
have someone help you kind of talk with them to work through whatever's
going on? Would that be helpful for you?
Leney: I mean and then they go like well you got...well you got a trouble with
reading or whatever? Well there's a reason...it's the law that you can...I
mean, I know how to drive. You can take earphones and it's a, b, or c
questions. That's the problem that the Police have. You mean... there's
different ways to get it, earphones, written... you could take a written test
and then you take the driving test. And I've been bugged by these Police.
This, the other day at the restaurant where you get the free meals if you're
hungry, you got, you got 10 guys that could be charged with disturbing the
peace and then you got...and what the Police do is they like to single out
one person and when you got 10 guys that could be charged...when you
got 10 guys that could be charged with the same charge and then you just
single one guy out and just like, the same...it's always me that...they
single me out, charge me with some misdeamenor. Just like disturbing the
peace. That's if your whatever and you got... You (can't understand)
what to be fair you'd take 10 of them and all treat them fairly and they
should all be let go the next morning.
Wilbum: Dan?
Leney: Yeah.
Wilbum: We're...Thank you for bringing this to our attention. We're not...we
weren't there and weren't sure what all you've been through. It sounds
like you could use someone to help you kind of work through what you
need to do if you're trying to get your license back or something like that.
And I think...
Leney: Well, you see...
Wilburn: ...that there's some places in town where you could get that help.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#4 Page #12
Leney: Now...
Wilbum: Otherwise, if you have a question about Police Department procedure... I
don't know, have you, have you been...Perhaps tomorrow someone could
kind of talk you through that part?
Leney: No. No, that's not what...the problem is they're pulling my license now
not...I mean, they think everyone can walk. I suppose they could walk. I
suppose...
Wilbum: Excuse me. Eleanor does, does legal services...do they do...do they do
criminal or...Legal Services Coorporation of Iowa, do they have...?
Dilkes: I'm not sure if they do...
Wilburn: Okay.
Dilkes: ...if they do criminal stuff. But it might be a place to start. There's
some... there' s a Volunteer Lawyers Project...
Leney: No.
Dilkes: ... where you might be...
Leney: No. What they need to do is stop pulling licenses. What they need to give
licenses back to...it's law that when you are 16 or up you can drive a
vehicle. You can drive a vehicle.
Champion: Where would he find out about...
Leney: So and it don't matter, seems like every time...
Champion: ...legal services?
Leney: ...it's how much they see somebody. It's how much they see somebody.
Dilkes: You can get a reference to the Volunteer Lawyers Project through Legal
Services, which is right on Iowa Avenue.
Pfab: How can a person get a hold of you?
Leney: Yes they did and what I think is this Police Officer shouldn't be a Police
Officer anymore.
Lehman: Well we can't deal with that here but we can see what we can do if...
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#4 Page #13
Pfab: Is there a way to get a hold of you someplace?
Leney: No, I don't got a phone. I don't think you can. I was...
Pfab: Okay.
Leney: ...what I want to do is just bring this up. There's something
wrong...there's something wrong with the Iowa City Police.
Pfab: Could you tell us where you work? Could you tell me where you work?
Leney: Uh-uh
Lehman: Well that's not relevant.
Pfab: Okay. That's fine.
Leney: There's something wrong why they pulling somebody's license. You
know. All I want to be is left alone and they constantly come up and
knock on my door and give me court dates and all this. All fight?
Lehman: All fight. Thank you, Dan. Is there any other public discussion?
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5e Page #14
ITEM NO. 5e. PUBLIC HEARING ON AN ORDINANCE TO REZONE
APPROXIMATELY 3.07 ACRES FROM MEDIUM DENSITY
MULTIFAMILY, RM-20, TO MEDIUM DENSITY SINGLE
FAMILY, RS-8, LOCATED AT 747 W. BENTON STREET.
(REZ01-00013)
Pfab: Move the...
Lehman: Public hearing is open.
Barbara Buss: My name is Barbara Buss. I live at 747 W. Benton Street. And, I just
have a few historical remarks for the record. 33 years ago when we
bought the white house with the barn and the 3 acres of land on the top of
Benton Hill we were buying a house in a good neighborhood with a good
elementary school, a place to live and to raise our two daughters. As we
grew attached to this house, we also grew attached to the open space with
its deep ravines south and west of us. We took them for granted until
about 20 years ago when development began to replace the ravines with
water retention basins and the open spaces with large apartment
complexes. As we watched this development, which was really an un-
development of the natural landscape, we became concerned about it's
impact on the health and aesthetics of this environment. Then about 10
years ago as I watch a bulldozer knock down a tall Magnolia tree in full
bloom, I knew we had to do something to protect our little two acre plot of
undeveloped land. In 1992 my husband an I offered to give these two
acres to the City for use as a park. But without public access from the
south or west this land is of no value to the City. Although a tentative trail
system was drawn up linking our land to Miller Avenue and Harlocke
Street, the City has been unsuccessful in obtaining the necessary
easements to realize this plan. As we grew attached to the house we also
grew attached to the neighborhood east of us. But over the years we
gradually lost touch with it as people moved away, including our two
daughters who were the great connectors. Then in the summer of 1998,
our neighborhood became involved in the Benton Street project and we
became reacquainted with the neighborhood and discovered two things, it
no longer contained as many young families as it did 30 years ago, that
many who did live there felt strongly committed to the neighborhood and
their commitment strengthened ours. This neighborhood might be
described as a affordable neighborhood. It is desirable as an affordable
neighborhood in that it is in a desirable location. One that is close to
downtown and elementary schools, the University and public
transportation. As a small neighborhood, however, it is especially
susceptible to a negative impact of increased traffic and poor maintenance
and over occupancy of it's rental properties. While the landscape and
demographics of the neighborhood were changing, so were we. We grew
older. And this year, we decided that it was time for us to give up the
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5e Page ~15
upkeep of the house, the barn and the 3 acres of land on the top of Benton
Hill. Although the zoning of our property relevant while we owned it, it
has become relevant to...as we anticipate selling it. Our petition is for a
change from RM-20, the present zoning of the property imxnediately to
our west, to RS-8, the present zoning of the property immediately to our
east and all of the non-commercial property between us and Riverside
Drive. We're not asking for a rezoning for the purpose of redirecting the
development of the property south of Benton Street. Rather, we are doing
so in the belief that the present zoning of RS-8 with the property in this
area is the appropriate zoning. WE strongly support the City's
commitment to protecting sensitive areas and we believe that future
development on the sloping land south of Benton Street should be
minimized. We strongly support the City's commitment to affordable
housing and we believe the neighborhood east of us will be strengthened
by extending it west as presently zoned. We submit our petition for
rezoning form RM-20 to RS-8 as evidence of this support. Thank you.
Any question?
Lehman: Thank you.
Champion: Thanks.
Lehman: I believe that's the first time that we've had a property on this, since I've
been on the Council, request a downzoning. And you did it for all the
fight reasons, Barbie.
Buss: We'd like (can't hear)
Vanderhoef: Thanks, Barb. That's great. Thanks.
Buss: I'm sure you'll like this for your grandchildren.
Vanderhoef: Absolutely.
Champion: Thank you.
Lehman: Do we have a motion to accept correspondence?
O'Donnell: So moved.
Lehman: Moved by O'Donnell.
Pfab: Second.
Karmer: Barbara?
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5e Page #16
Lehman: Seconded by Pfab.
Kanner: Barbara?
Buss: What? Excuse me?
Kanner: I have a question for you. Do you know approximately how many large
trees there are there?
Buss: The, the two acres which is really the relevant part because an acre kind of
goes with the house and the house has a lot of big trees, but the two acres
was a pasture. And, you know, it takes a while for a pasture to (can't
hear) big trees so it's not...it is not a woodland. I mean it has trees on it,
you know, but they're, they're maybe four or five inch diameters trunks.
Karmer: Cause that's one of the things that changes when we change zoning, you
protect more trees. You're allowed to take down less trees.
Buss: Um-hum. Well, yes.
Lehman: All in favor of the motion to accept correspondence say aye. Opposed?
(all ayes) Motion carries. Is there anyone else who would like to speak to
this issue? Public hearing is closed.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #17
ITEM NO. #5f PUBLIC HEARING ON AN ORDINANCE TO REZONE
APPROXIMATELY 6.15 ACRES FROM INTENSIVE
COMMERCIAL, CI-1, TO COMMUNITY COMMERCIAL, CC-2,
LOCATED AT COMMERCE DRIVE AND LIBERTY DRIVE.
(REZ01-00015).
Lehman: Public hearing is open.
Bob Downer: Mr. Mayor, members of the City Council, I'm Bob Downer. I'm here this
evening as the attorney for Streb Investment Partnership, the owners of the
property in question and the applicant for the rezoning on which this
public hearing is being held. There are a number of materials that I have
to circulate. I certainly appreciate that it will not be possible for the
Council to review all these during the course of this public hearing but if
you are suffering from insomnia some evening perhaps this might be an
appropriate way to cure that.
Lehman: Bob, I think probably we will continue the public hearing so we will have
time to read and digest this.
Kanner: Although we are going to be reading The Last Summer.
Champion: Well, I'm a (can't hear) insomniac...
Lehman: That shouldn't take too long.
Champion: ...so I could probably read both. Thanks.
Lehman: You know, Bob, you could get a job working for the City. We get this
kind ofpaperwork all the time and about the same volume.
Downer: Well a lot of this was originally produced in this building, as you will
note. Much of the material that I have given to you goes back to 1997
which, as those of you who were on the Council at that time will recall,
was when the proposal was under consideration for the annexation for
approximately 140 acres south of the Iowa interstate tracks and east of
Scott Boulevard and the zoning and development of that property. As a
result of those efforts, this property was annexed to the City of Iowa City
and there were 101 acres, approximately, of I-1 zoned property that was
developed at that location. Approximately 38 acres of C-1 zoned property
but only approximately 20 of those acres was actually usable because
there were out lots, creek bank and the like which was not available for
development. The request here deals only with a portion of the property
that is zoned CI-1. There seems to have been some either
misunderstanding with respect to this or I feel a miscommunication with
respect to the level to which this represents a change in the zone for this
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #18
property. The zones in question here are both commercial zones. This is
not a request to change industrially zoned property to commercial
property. I hate to belabor provisions out of this ordinance with which I
know that you are very familiar but both of these zones are part of article e
of the zoning ordinance which deals with commercial property not article
h, which relates to industrial zones. In the CI-1 there are various types of
retail uses that are permitted under the existing zone such as auto and
track oriented uses, computer supply stores, consignment stores,
equipment rental agencies, food lockers, fumiture and carpeting stores,
hardware and building supply stores, lumber yards, florist shops and
restaurants. There are 22 specific uses that are enumerated in this
ordinance as permitted uses. Only when we get to the 6 provisional uses
that are provided under this ordinance do we get to anything that
approaches an industrial use. There is permitted as a provisional use, light
manufacturing, not exceeding 5,000 square feet in area subject to 17
specific enumerated prohibitions as far as types of industrial uses that can
be made. Only with a special exception can the use be expanded beyond
5,000 square feet and then to 15,000 only. Thus as we see out of 22
permitted and 6 provisional uses, there is only one category that deals with
industrial use. A number of the cormmunications that have been made
with respect to this appear to indication that this is in effect a change from
an industrial to a commercial use and I would submit that any fair reading
ofthis ordinance indicates that this isjust not so. Secondly, many ofthe
uses that are permitted in the CC-2 zone are identical to those in CI-1.
Clubs, food lockers, meeting halls, office use is permitted in the CO-1
zone. Generally the CC-2 zone is more restrictive. I will set forth in a
couple of minutes reasons why I feel that this... the type of generally more
restrictive zoning that is applicable in the CC-2 zone is appropriate here
based upon what was done when this subdivision was approved in 1997.
There has been a suggestion that this area is not pedestrian friendly and
thus the proposed Fareway Supermarket use, that hopefully will be going
forward in this area, is not appropriate. On the other hand, it is then
indicated that there are other CC-2 zones in the commtmity that would be
available for the location of this store on the east side of Iowa City. One
of these locations is at the comer of Scott Boulevard and Rochester which
is well over a mile away and I don't think is reasonably accessible to
pedestrians living in the area close to this proposed location and
specifically the manufactured housing parks that are located there.
Another one adjacent to Bon-Aire Mobile Home Court. It has been
indicated by Larry Schnitger of MMS Consultants has serious access
problems that would mean that in all likelihood persons attempting to
access the Fareway Store would be going through Bon-Aire and causing
traffic problems in an environment totally unsuitable for heavy traffic.
Also in the materials that I distributed to you, there is a letter from
Fareway Stores where they indicate various locations that they explored in
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #19
east and southeast Iowa City and why for various reasons those locations
are either inappropriate for this use...
End of side one, 01-98.
Rober Cramer, the President of Fareway, is here this evening and will be,
I'm sum, speaking with you later about this matter. Thirdly, them has
been a suggestion that the City subsidize the development of this
subdivision in certain respects and that to go to a CC-2 zone is not
consistent with what the City did in that regard. It is true that there was
assistance that was provided by the City and there are other respects in
which future assistance may be forthcoming which was contemplated in
1997 and that will serve this area. But those items were all related to the
industrial area and there are memoranda in the materials that I have
provided that set forth what those estimated costs were. This is not a part
of the TIF district. Them is not tax increment financing in the picture for
this development. As you know the industrial area in that park is so zoned
but that is not applicable to the conunercially zoned portion of this
property. The...there is considerable emphasis that has been given by
staff to what have been indicated as traffic concerns and the possible need
for a stop light in this area to serve this development. As you will see
from the memos that I have given to you, it was contemplated that 420th
Street would be paved in 1997 when this went in. It was also indicated
that the CI-1 zone was one of the heaviest generators of ~af~c of any
zoning classification under the Iowa City Zoning Ordinance. This is
present in a memorandum that I have highlighted in these materials that
was sent by JeffDavidson under date of February 13, 1997. So I would
submit that traffic is not a masonable basis for opposing this zoning
change. There is a need in this area of Iowa City for a supermarket. I
think that is apparent from some of the communications that have come
from persons who reside in that area of the community. There is no store
that is conveniently located to this area, other than two convenience stores
that are close by. There have been two stores that are somewhat more
distant but yet as close as any in this neighborhood that have closed in
recent years, the Econofoods at Pepperwood Mall and Randall's at
Sycamore. This is an area, because of the demographics of it, which I
would submit is badly in need of this facility and I believe that this is an
appropriate location for it. Lastly, in conclusion, I would like to state that
from zoning applications that I have seen before this City Council I don't
recall one upon which there has appeared to be a greater outpouring of
public support for it. There have been at latest count 1,382 signatures
collected on a petition in support of it. There was a strong editorial that
the Press Citizen had in it a couple of weeks ago. There have been
numerous letters to the editor that have followed that up. In any public
forum that has dealt with this up to this point, there has been no opposition
from any members of the general public that have... has manifested itself.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #2O
All other lot owners, be they in the commercial or the industrial area of the
Scott 6 Industrial Park have endorsed this proposal. And I am hopeful that
you will do likewise. Thank you. I appreciate your time and be happy to
answer any questions you might have.
Lehman: Bob? The application is to rezone 6.15 acres. Would that entire property
be used for the grocery store?
Downer: No. There are a couple of smaller lots with that. It was done to, to give
this essentially a rectangular configuration and bordered by streets. It is
essentially the far southwest part of this development adjacent to the
convenience store that is already there. But does not effect the portions
that front on Scott Boulevard and also not those that are directly adjacent
to the industrial areas.
Lehman: What would be the, the intended use of the lots not being used for the
grocery store?
Downer: Would be in a retail use that would be similar to those that I have
enumerated. One thing that I think is important to consider is that when
the conditional zoning agreement for this subdivision was done it was
clear from the requirements that, I think, staff rightly recommended and
that were incorporated into the agreement, that a higher quality
development was appropriate here because of the access to Scott
Boulevard and Highway 6, and so there is provision using masonry and
materials of that sort on these properties rather than metal buildings and
the type that are frequently seen in the CI-1 zone. And I think from a
construction standpoint, certainly those requirement are fit very nicely into
the CC-2 zone and I would anticipate retail uses that would be consistent
with masonry buildings and of the type that Fareway plans to construct
there. I'm sure you're all familiar with the type of building that they
generally use and this would be similar to the one that they have on the
west side of Iowa City.
Kanner: Robert? Would your clients consider an agreement to pay for traffic
signaling if it's needed in the near future and or 420th Street paving or
bringing it up to City standards? And perhaps other things that might
make the area more pedestrian friendly, whatever that might be?
Downer: As far as the traffic signal is concemed, this isn't something that has been
discussed and so I can't answer that question. However, I would point out
in that regard that the Fareway Store on Mormon Trek does not have a
traffic signal adjacent to it and never has had. As far as 420th Street is
concerned, as you will note from reviewing the memoranda that I
delivered, it was contemplated in 1997 that that was going to be a City
contribution to the development of this area. I might point out in that
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #21
regard that the entire 140 acres of this property was all developed
simultaneously, sewers, paving, storm sewers, water, the creek banks, all
of these things were done at one time. I think that this may have been the
largest single subdivision development that has taken place at one point in
recent Iowa City history. There is a tremendous amount of capital
investment that went into the development of this property and it was not
one where there were six lots that were development and improvements
put in until those sold and then six more lots developed. This entire
subdivision was done at one time. And this was done because of, I think,
excellent cooperation between the City and the developers at that time.
Pfab: I have a question. You had mentioned that there were several stores had,
had closed. You had talked about Randall's and Econofoods. Are you
aware of the new store that's now in where the Best Buy?
Downer: I am. I am.
Pfab: And how...what effect do you see...
Downer: Well I think that, that there is still a net loss of one store in that area and
there has been a considerable amount of housing development there. I
would also see that this particular facility because of it being located east
of the industrial area would attract a lot of shoppers on their way to and
from work which I don't think other facilities further to the west probably
would. So I think that this might attract retail sales to Iowa City that are
now going elsewhere.
Champion: What's the other grocery store that just opened? I mean your talking
about...that's not a full service grocery store.
Pfab: It is a full service store.
Champion: No.
Pfab: Well, when was the last time you were in it?
Champion: About a week ago.
Pfab: Okay they got the market going now. But, no, I think...I think it's a great
idea. It's a needed service that that area, that that population out there is
in need of. And you know the fact that the other store is getting on its
feet, I don't know where. But, no, I wish there wasn't so many hoops to
jump through because I think you got a good thing here.
Downer: Thank you.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #22
Lehman: Why don't we try to take input from the public tonight and have any
questions and comments. My suspicion is, Bob, we're going to continue
this. But I think as Council folks we should probably make notes of
comments and questions we have so that we can bring those up after the
public has an opportunity to speak.
Downer: Thank you.
Lehman: Thank you, Bob.
Karr: We have a motion to accept correspondence.
O'Donnell: So moved.
Pfab: So moved.
Lehman: By O'Donnell, seconded by Pfab. All in favor. Opposed. (all ayes)
Motion carries.
Robert Cramer: My name is Rober Cramer and I'm President of Fareway Stores and I'd
just like to make a couple comments. For those of you who do not know
what we are we really are a neighborhood grocery store. We only build a
14-foot high building and it's designed solely to by groceries in. We don't
get into other situations. We're closed on Sunday. We don't sell cold
beer. We're open 8 to 9, 8 A.M. in the morning until 9 P.M. We just kind
of fit into an area. We've had an awful lot of requests. I don't know how
many of you have attempted to go from the east side of Iowa City to
Mormon Trek but you can't get there from here. The...your City is
growing to the east and to the west and it's growing out around the
industrial park area. I guess I can date myself because I remember when
Scott was a gravel road. In terms of walking, pedestrian traffic, in today's
environment there is none. They will drive to the grocery store and the
when they get home they will go out and run or ride a bike.
(can't understand)
Cramer: But I guarantee you they will not come to a grocery store. I know first
hand that it was a long walk to class. And even when the rent was flee it
didn't take me but one semester to figure out that I better find another
place to live from living out there in the trailer court that was on that
gravel road. We, we see with our hours that the traffic that's presently
there will be defused because those people will...that choose to come and
shop with us will turn in and will not fill in some of the other arteries
trying to go across the City. We require enough land to build not only our
building but provide for our employees parking. It's not like the day
where you could build a store downtown and park on a city street. And as
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #23
the store and volume of business grows, we find that the hours that we're
open are more than satisfactory to handle it. The truck traffic that
particularly comes to service us comes at 5 A.M. in the morning so we
don't see an increase of traffic. In fact we see a decrease of traffic because
some...many of those people will not have to go someplace else to make
their food decisions. Our primary purpose is to economically distribute
food and we do that by selling everything as...for the lowest possible price
we can which gives everybody and economic impact. I do look at the area
and I've watched as the Iowa City is developing and I see it continuing to
develop out there because the smaller cities in the state of Iowa we see
losing populations. And as the parents sell their business or close their
business down they seek out civic, cultural, athletic, educational and
health benefits. And we see University towns growing by leaps and
bounds. So you're going to see more of this and to diffuse retail business
throughout your community I think is a wise thing to do. With that I
would entertain and try to answer any questions that you might have. It's
easy for me to tell you about what we do but...
Kanner: Oh, I had some, a couple questions for Robert. Preface it, I've never heard
so many people talk about the meats, how good the meats are at Fareway.
One, where is the corporate headquarters for Fareway?
Cramer: Boone, Iowa.
Kanner: Boone, Iowa. Two, how many people...how many people are needed to
make a go of a grocery store your size and how many are there in the area?
What do your projections show?
Cramer: Well obviously it's based on volume but we project somewhere between
50 and 75 employees will go to work in that store. We do not find it at all
difficult to hire employees.
Kanner: No, not necessarily employees. Traffic, customer traffic. How many
people do you need customer wise to make a go of it? And...
Cramer: All we can get.
Champion: Good answer.
Cramer: One more.
Kanner: I know that but I'm sure you've done projections about what...why you
want to go there, because there's a certain amount of people that are out
there? AndI'djustliketoknowwhatyourfeelingisofhowmanypeople
are going to be coming to your store and how many you need to make a go
of it.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #24
Cramer: Well we really look at the county demographics and say there's x number
of people here and therefore we should be able to attract x and we know
that the people base is here. Obviously we can't make the capital
investment. It is substantial. So we're satisfied with the demographics
and if you were to divide up the City into four quadrants we could
relatively see four stores. People...we are a destination. When they come
to us they're not going any place else. We know that. They are going
home with refrigerated and frozen item. So they, they will come to us last
and they will pick a time that is conducive to their schedule whether it's
means getting off employment, driving in from some other smaller town
that surrounds Iowa City. So we'll add to the people base here.
Kanner: Well, what is x, about? How many people do you expect coming there?
Cramer: I really...I don't wish to answer that number. It's...
Champion: We don't need to know that.
Cramer: We think we'll attract a lot of people that live on the east side of Iowa City
or we wouldn't go there. And we know that we've had requests from
people who do try to find us and get to us but its, its not 52 weeks out of
the year, maybe it's one time out of the month.
Kanner: Cause one of the purposes of the different zoning is to attract from
different areas. That's part of what we look at when we zone or rezone
something. And that's an important thing. We have zoning that we hope
to attract more local perhaps or more county wide. So, you don't have to
tell me but I'm saying that' s part of how I make my decision in voting on
this.
Letunan: Are you anticipating purchasing the entire 6.15 acres that's been requested
for rezoning?
Cramer: No.
Lehman: You'll be re...purchasing only that portion that you would use for the
store?
Cramer: Correct.
Lehman: Okay.
O'Donnell: You know, Bob, I think you've done your homework. I think you've
looked at other spots around and you're right, this will stop people driving
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #25
from the east side over to the west side and I think that's a good location
for the store.
Cramer: A large part of our problem is the fact that we need to build our own
building.
O'Dormell: That's right.
Cramer: We're...We are good stewards of our resources and a building to us is just
not four walls and a roof. We have...we have conservation reasons that
we do it and a...while we've looked at other things, we just feel that this is
a cornerstone of the eastern development and, you know, I don't know
how to answer Mr. Kanner's remark except to say I will be happy with
10,000 people and if you can say that it'll be 20 I'd be glad to accept that
too. But we don't really know how to view it because you don't...you
can't track how frequently you will come because you forgot some of the
items on your list the first time. So you may come twice this week and
three times next week and to us that' s still a customer.
Champion: So you also...
Cramer: It's a little hard for us to, to...
Champion: ...you also, of course, will benefit Lone Tree. I don't think they even
have a grocery store anymore at all. Is that (real good?) of Lone Tree out
there?
O'Donnell: West Liberty.
Champion: Oh.
Vanderhoef: Well.
Lehman: They got a store.
Champion: They got...
Lehman: They got turkeys.
Pfab: I have a comment for you. I have been in your store a number of times but
the location is not conducive to where I would like to shop. But I have to
tell you, I think your store is almost a legend in its own time. Ifthere's
ever a store that people talk about, it's Fareway. So...
Cramer: Thank you.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #26
Pfab: And, I mean, it's...I don't know what you do but these people are
extremely dedicated. And I don't know what your regular
bud...advertising budget is but I know you have a lot of word of mouth
advertising.
Cramer: Well you spend a lifetime building a reputation that you can ruin in 30
seconds.
Pfab: And you have done a good job of that.
Cramer: Thank you. Any other questions?
Lehman: Thank you.
Cramer: Thank you very much.
Ann Bovbjerg: Ann Bovbjerg, Iowa City, Chair of planning and Zoning. We all like to
talk about food but I'm going to talk about is very dry. When the Planning
and Zoning Commission looked at this and voted on this we were not
looking at a store or groceries or that at all. We were looking at the
(confidence?) of plan. We were looking at the uses of land. We were
looking at the things that we always look at. What's fight for the land.
What's right for the neighborhood. What's fight for the City. We looked
at the conditional zoning agreement that had set this up. We looked at the
negotiations that had gone on between the City and the applicants. When
this was defeated as a coanty project and was then asked to become
annexed. And this is all marvelous paperwork stretching back to the fall
of 1996. If you run out of something to read, it's all there. It is true that
this particular piece is not part of the industrial park. That is true. It is on
the edge of it. That whole edge right along Scott Boulevard was brought
in as a commercial strip along Scott Boulevard as a city applicant
negotiated concession so that in the words of the applicants, represented of
it would be feasible. The idea was that commercial property would sell
more quickly, would bring in money sooner and that's a very good way of
planning something. So that this is indeed one commercial type being
requested for another commercial type however it is right on the edge of
the industrial park. It has that kind of traffic going past it. This was one
fo the reasons the Planning and Zoning Commission thought that this was
not a wise, a wise change. The condition... conditional zoning agreement,
we have had several of them around the City, and when those are brought
in, it frequently is understood both by the City and by the applicant that
unless we had those conditions, that property would not be developed
either at all or in this particular way. So the conditional zoning
agreements are very, very serious in the minds of the Planning and Zoning
Commission. There has been a, depending on your point of view whether
this is a minor or a major change, Planning and Zoning Commission felt
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #27
this was a major change because of the surroundings. Also because there
were not immediate houses around this is a very different setting from
other conuntmity commercials. And we felt this was a major change. We
felt it was so major that if you were going to do this, it would mean...what
do you think of the comprehensive plan? If you feel that this change
should occur perhaps we should look at that whole industrially designated
area of the City and change that whole thing. Maybe we're wrong.
Maybe we should change it. So our vote was, should we go into the
comprehensive plan or not. In other words was this a major or a minor
change. We thought it was a major change and we did not vote...we
voted not to open the comprehensive plan for public hearing. If you feel
this is something that could change then we will have to go into the
comprehensive plan and look it all over. This is the very serious change in
our view. It is a very serious change and it should be looked at very, very
carefully. In addition to the material that you have, planning staff and
legal staff also have all the other paperwork. And I am very glad that you
plan to continue tonight's hearing because there is a great deal of
information, very basic, basic information that you people should
understand and that the public should understand in order to make a
decision for what we feel is best for this area. Do you have any questions?
Champion: What time is it? (whispered)
Lehman: I have one question. In the present zone, will it permit a restaurant, fast
food restaurant, service station, convenience store, those sort of uses?
Bovbjerg: I have...I have the good book here if you want me to look into it but...
Lehman: I'11...No...just...
Bovbjerg: from JeffDavidson's memo that is one of the listings and it is true that
some of those are high volume. Some of those are high volume; however,
in the CC-2 in the Community Commercial, a lot of those are high
volume. And we have been concerned about the high volume, small cars,
lots of little bodies and semi-trailer trucks.
Lehman: Well, I think... we'll get that before the next...before we finish the
heating.
Bovbjerg: All right.
Lehman: Okay. Thank you, Ann.
B ovbj erg: Thank you.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #28
Don Peterson: My name is Don Peterson. I'm employed by Hawkeye Oil Company. We
are the company that operates the convenience store that's on the site.
This evening I appreciate the chance to be able to come before you. This
evening I have two points to make. One, we feel that although this is
competition to a point with our store, we are wholeheartedly for this new
additional. We feel that it's a positive move for the area and for people
that live there. Secondly, our store manager and the people that work
there have had petitions available, that Mr. Streb made available. And the
overwhelming numbers that came through the store and signed the petition
certainly indicates to me that... that the people that live there, the people
that are passing through, the people that have stopped at our store, are
wholeheartedly for it and looking forward to having a store that close and
that convenient. In fact the manager mentioned to me this morning that
he's only had one person that was against and that fellow happened to be
an employee of Hy-Vee. I'd like to just take 30 seconds to make one more
comment. I live in Cedar Rapids and Hy-Vee had a medium sized store at
the comer of 32nd Street and Oakland Road NE and they decided they
wanted to build a super store there and it took them three years. They did
get the job done. But the entire neighborhood surrounding the store, it's
right in the middle of a residential area, the entire neighborhood was
against it which is why it took them three years. The beauty of something
like this is that the store comes in and then the neighborhood follows.
They are not infringing on anybody' s backyard at this point and I think
that is a real positive. If you wait ten years that might not be tree.
Appreciate it very much, your time.
O'Donnell: Thank you.
Champion: Thank you.
Lehman: Thank you.
Peterson: Do you have any questions?
O' Donnel 1: No.
Louise Young: My name is Louise Young. I live at Capitol House Apartments on the east
side buy not out at the far end; however, I drive and sometimes I drive to
grocery stores. And I would probably do business with a Fareway store
that's at that end. I have shopped at the one in North Liberty, for instance,
which is also on a somewhat transitional area and that one gets a lot of
business from people from North Liberty. And I have worked at factories
at one time in my life and I can tell you this, that when you're coming off
of work from a factory and you need groceries it's kind of handy to have a
store near by you can stop at.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #29
O'Donnell: Very good. Thank you.
Patsy Benhart: Good evening, I'm Patsy Benhart. I live at Bon-Aire Court for the past
several years. When I first moved to Iowa City, my back door was a
cornfield but right now it is another mobile home court. There is the
Moose Lodge and beyond that there is a field and a house. And yes, there
is not a lot of houses out there but they are coming in and that part you are
talking about will soon be surrounded by houses and families needing
groceries. I came from a small town in Jones County. I shop Fareway
stores in Maquoketa. I shop Fareway stores in Monticello. There too you
had just a grocery store, you didn't have 60 million things you had to
wonder well which isle is it in this week because they were gracious
enough to have everything in the same isle all the time. They had quality
personnel. Their meat department, as you know, that follows them
wherever they go. Mr. Cramer said that they build their name on what
they do. I figure with their past history, them foundation is already built
because of the number of years Fareway has been not only in Iowa City
but in other counties. Cornfields, they are going to be expanding, you
know, just like Coralville expanded. Iowa City is going to expand also out
east. There's no doubt about it. With the Coral Ridge Mall people in that
area have all the traffic. Yes, they don't like it but they had no option with
that. With the open highway like we have there, going through the county,
I think that this will be an advantage. Not to get so bombarded with such
traffic because we do have a good highway on that one area, you know,
Highway 6 and so forth. And the...and the road going up to the other end.
So I am in favor of Fareway and people in my neighborhood are in
fair...favor of Fareway. And I hope that the Council will look at the, the
possibilities and the possible things that that will do to our neighborhood
in the future. Because it is a much needed resource in our area. Thank
you.
O'Dormell: Thank you.
Lehman: Thank you.
Emma Mills: My name is Emma Mills and I live on the east side of Iowa City. I trade
Fareway either at North Liberty or over on Mormon Trek depending on
which way I can get them easiest. I have lived in Iowa City since 1954.
I've seen a grocery stores come up. I've seen their attitudes after they've
been here a while. Hurry up, we don't have time for you, or you can carry
your own no matter what your condition is. Luckily so far my condition is
I can carry my own. But Fareway is very courteous, helpful to their
people. How I first got started with Fareway was the family that I
childcare for, the woman is over 40, we'll leave it them, and she traded
and her family traded in LaMars, Iowa all those years. So they're a
staying company. We speak about the one starting up in Pepperidge.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5f Page #30
That's a nice store but if someone got off work at, oh we'll say the
technology or some of those companies out there in the commercial areas
of Iowa City, they aren't going to back track and come back if they don't
have to. Gas prices, you're going to catch the closest place and the
quickest place. So I hope you can consider. I went back and I read the
1997 zoning and so forth. I still have it in my file. And I'm glad the
gentleman here explained it much further because it's kind of technical for
me but I do think it would be a help and I hope you can consider it.
Because really, I don't know, but are they grabbing up your commercial
zoning out there...your sight so rapidly that you have to really consider
whether to use Fareway for that one space? Thank you very much.
O'Donnell: Thanks, Emma.
Lehman: Anyone else who'd like to speak before we continue the hearing? And I
might add, I think that we all agree that Fareway is a wonderful store.
This is not a Fareway issue. This is a land use issue. Whether or not that
is an appropriate place for a grocery store.
Dale Nicoson: Yes, I'm...my name is Dale Nicoson. I live in Noah Van Buren in Iowa
City. I just would like to urge the Council to consider our so-called master
plan like law and let it evolve like common law. I've always found that
any master plan that was done by committee was out of date the date it
was elected or chosen. And, it's just like when you do an inventory of a
warehouse. You lock the door and we'll count your three percent off. So
I would urge the Council to let this planning and zoning evolve like
common law does. Thank you.
O'Dounell: Thank you.
Lehman: Thank you, Dale. I would entertain a motion to continue this public
hearing to the 13th of November.
Vanderhoef: So moved.
O'Dounell: I would move we continue this public heating until the 13th of November.
Lehman: Thank you Mike and is there a second?
Vanderhoef: Second.
Lehman: Seconded by Vanderhoef, all those in favor? (all ayes) Motion carries.
This heating will be continued on the 13th of November. We're going to
take a break until about 25 til 9.
Atkins: Ernie?
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5 f Page #3 1
Lehman: Yes.
Atkins: Before you take the break...
Lehman: Just a minute. Just a minute, please.
Atkins: Is there any interest in having a first reading on for the 13th?
Lehman: Well...
Atkins: I just need you when, you know...
Lehman: All right...
O'Donnell: We can always...
Atkins: You can always do that I just...
O'Donnell: Yeah, we can always go around...
Atkins: That to...
Vanderhoef: We can always...
Lehman: We can always put it on. My suspicion is that will be very difficult to do
that but we can put it on the agenda.
Atkins: Okay.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#5k Page #32
ITEM NO. #5k: CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF
THE RESUBDIVISION OF LOT 236, WASHINGTON PARK
ADDITION, PART 11 (ARBOR HILL), AN 8.02 ACRE, 2-LOT
RESIDENTIAL SUBDIVISION LOCATED NORTH OF
WASHINGTON STREET, EAST OF GREEN MOUNTMN DRIVE.
(SUB01-00017)
Lehman: Do we have a motion?
Vanderhoef: Move adoption.
O'Donnell: Second.
Pfab: Second.
Lehman: Moved by Vanderhoef, seconded by Pfab. Discussion?
Vanderhoef: Legal paper's here.
Lehman: Everything is in order? Roll call. Motion carries, 7/0.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#51 Page #33
ITEM NO. 51. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY
AND FINAL PLAT OF PRAIRIE EDGE SUBDIVISION, A 6.33
ACRE ONE-LOT RESIDENTIAL SUBDIVISION LOCATED
WEST OF PRAIRIE DU CHIEN ROAD. (SUB01-00019)
O' Donnell: S o moved.
Champion: Move adoption.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by Vanderhoef. Discussion?
Kanner: I'm going to vote no. I think that there's too much speed on Prairie du
Chien and potential curb cuts here would not be appropriate.
Lehman: Further discussion? Roll call. Motion carries, 5/2, Kanner and Pfab
voting in the negative.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#6 Page #34
ITEM NO. 6. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST OF CONSTRUCTION OF A UNIVERSAL
DESIGN SINGLE FAMILY HOME UNDER THE AFFORDABLE
DREAM HOME OPPORTUNITIES PROGRAM (1821 B STREET),
ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO
PUBLIC ADVERTISEMENT FOR BIDS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.
6a. Public Hearing
Lehman: Public heating is open.
Marilyn Belman: Good evening, I'm Marilyn Belman, 922 E. Jefferson Street. I represent
the Iowa Conf...the Johnson County Coalition for Persons with
Disabilities. Wait till I get my name up here. There. I'm here to ask you
to approve the plan and specifications for the mobile universal home, the
single family...the home that will be built there, the City's East Side and
serve as a showcase and universal...for universal design features.
Universal design means planning for the needs of the broadest range
possible of uses. Providing futures, building and options and giving
people choices. It is not the home same as accessibility or disability.
Universal design means getting the needs of people of all ages, sizes and
abilities including families with small children, people who may have
difficulty stooping and bending, and people who have limited strength. It
means making the home easier to use by creating stepless entrances,
installing counter tops, work surfaces at varying heights, widening doors,
and hallways. And designing bathrooms with tumarounds in them for
wheelchairs and scooters. Because it's so important to get it right from the
start the Coalition and the University of Iowa Legal Clinic have been
actively involved with the city staff, trades and professions, research
centers and appliance manufacturers. We have evaluated several
generations of plans, posting meetings together and comment and
suggestions and researched universal design techniques. To learn more
we interviewed experts, scoured the market place for information on
appliance and shared our findings and recommendations with Shelley
McCafferty, Maggie Grosvenor, Heather Shank and Doug Boothroy. The
model universal home is a prime example of how government, private
citizens and business can work together. As part of the 2002 Parade of
Homes, people will have the opportunity to tour the house. They can
witness first hand how universal design features can be seamlessly
incorporated into an attractive, affordable home. Architects and builders,
perspective homebuyers, and renters will be able to learn how entrances,
kitchens, bathrooms, and bedrooms can be made more useable on a
limited budget without breaking the bank. The home should serve as a
model and inspiration. Although it will be sold to a private owner after it
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#6 Page #35
is built, Jerry Nixon and his crew will memorialize the construction and
project activities on a videotape. The City will track the cost and expenses
of building the house. The clinic will keep track of the projects and it's
plans and records until the story of this home from start to finish. It began
as an Iowa City Human Right Commission panel discussion on affordable
housing. It should end after it's first family moves in and lives there
awhile. For their parts in the story, the Coalition would like to thank
Shelley McCafferty, who continues to work hand in hand with us
explaining her professional perspective and reviewing and incorporating
many of our suggestions, Jenny Blair of Rosewater Plumbing as well as
the owners and staff of B. Day Plumbers, Incorporated for their
suggestions on easier to use planning fixtures and features, Michelle
Omas, the ADA's specialist in the Public Works Department in Kansas
City for donating her time to review and comment on the plans, and
especially Helen Sharts from the University of Iowa Legal Clinic. Most
important the Coalition would like to thank the Council for funding this
project. We ask you to vote yes to the contract bids and specifications.
The money used to design and build this house was money well spent.
We thank you for...We ask you to think about the universal design every
time you conduct city or person business. When you review the plans to
develop the downtown or pedestrian mall areas, when you renovate or
expand the public library or install a policescape or when you hire
employees to set up a web site or host a festival, thank you for getting it
right from the start.
Champion: Thank you.
Lehman: Thank you, Marilyn.
O'Donnell: Thank you.
Champion: That was nice Marilyn.
Lehman: Other public discussion at the public heating? Public heating is closed.
6b. Consider a resolution approving...
Lehman: Do we have a motion...?
Wilbum: Move adoption of the resolution.
O'Donneil: Second.
Vanderhoef: Second.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#6 Page #36
Lehman: Moved by Wilburn, seconded by O'Donnell. This really is...and Steve, I
don't see our Shelley, I believe it is,...
Atkins: Shelley. Yes.
Lehman: did really a remarkable job. Is Shelley here?
Atkins: Karin is her supervisor.
Lehman: Pardon?
Atkins: Karin's a supervisor.
Lehman: Well Karin, thumbs up. They did a great job. I can't believe the detail
that has been gone through on this home.
O'Donnell: There's incredible features in this house. It's got one of the neatest sinks I
think you'll ever see. It goes up and down. But this house is absolutely
fantastic and I wholeheartedly support it.
Pfab: I think the neatest part about this house is the fact that people with
disabilities and in wheelchairs can use it but also people can come visit
them in wheelchairs and...(end of side 2, 01-98)...I'm just glad to see
that we're moving on it.
Vanderhoef: Well I'd just like to comment, this is the second demonstration house that
has been authorized through our housing authority dollars, not through our
general fund dollars. And we did the Eagle House first. I think it's a real
important thing for a city to be a leader in providing a new design, new
concepts, new ideas out there and let the public see them. And I think it's
important work for Council to do. And I'm very glad that we have our
HUD dollars that are being re-circulated into this kind of an activity.
Wilburn: You're right, it's a good educational piece because if you...unless you
know someone or have invited someone into your own home to see how
inadequate, you know, your own space is. It's nice to have these (can't
understand).
Vanderhoef: Absolutely.
Lehman: Roll call. Motion carries, 7/0.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#7 Page #37
ITEM NO. 7. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE
RECREATION AND CIVIC CENTER HVAC AND PLUMBING
REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH ADVERTISMENT FOR BIDS, AND FIXING
TIME AND PLACE FOR RECEIPT OF BIDS.
a. Public Hearing
Lehman: Public heating is open. The estimated construction estimate is $527,000.
Is this part...does this include the boiler at the...
Atkins: Yes.
Lehman: ...a...
Atkins: Terry's here.
Vanderhoef: Rec. Center.
Lehman: Rec. Center.
Vanderhoef: Yes.
Lehman: Which is something we had talked about earlier but now we are
incorporating the Civic Center project and the Recreation Center project
into one project?
Vanderhoef: Yes.
Terry Trueblood: That's correct. That's correct. I'd like to explain that this project is Mike
Moran and Steve Roberts from our staff is working on. Kumi Morris from
the engineering staff. Mike's out of town, Kumi's sick, I have to pay
Steve overtime so I'm here. But...that's a lead up to saying I don't really
know as much about the project as they do. But yes, this is the project that
several weeks ago was bid and the bids came in high so they were
rejected. So in order to save costs, the first thing we did was to expand the
project, which doesn't seem to make much sense but ....
Lehman: Yeah it does.
Trueblood: ... making for a bigger larger project and getting better bids kind of thing.
But they did do some other things as well. In a...they relaxed the
schedule constraints considerably, both in terms of the length of time in
order to complete the project and also in the past project there were some
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#7 Page #38
requirements for some weekend work and that's been relaxed where that
work can be completed on weekdays where they don't have to pay
overtime. There were some controls too that were sole source before. In
other words they specified those specific controls. Now that's been
relaxed to allow other people to bid on it and that should save some money
as well. And deleted a few small items as well. But it's that project you
had before plus some other projects in both the Recreation Center and the
Civic Center.
Lehman: Is this the...oh, a number of heating...this is not replacing everything in
the Civic Center?
Atkins: Not everything, no.
Lehman: This is just... oh, we're just sweetening the pot to get more bidders.
Trueblood: I could have said that, yeah.
Lehman: Yes.
Trueblood: Made it much shorter.
Lehman: Okay.
Pfab: I have a question. What...is this a time that we should be looking at ways
to look at other alternate energy sources? I'm...one of the things that
struck me, and I don't see that it fits directly into this, is what Mercy did
on their family practice up there where they heat and cool that complex
with geothermal and as a result save a lot of energy. Is...have we look at
solar or other possibilities here and is that something that we should be
looking at rather than just continuing on to replace what's there?
Trueblood: My understanding is that they did look at energy saving methods. Keep in
mind that Kumi Morris with the engineering staff is now the City' s Energy
Coordinator and the consultant that was hired also, my understanding is
that they were asked about energy saving measures that maybe could be
accomplished in this. And there are saving...things that are being
accomplished with more efficient operations. As a matter of fact it does
qualify for energy grant payback and for some payback from
MidAmerican Energy, as I understand it.
P fab: Okay.
Trueblood: So it's not solar energy.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#7 Page #39
Pfab: No, no I realize that. But, I mean, is this as we look down...forward that
we need to be looking at other alternative sources? I don't know if
we...how long you want...
Trueblood: Yeah.
Pfab: ...bet our life on the Mid East.
Trueblood: They did look at alternative sources but I can't tell you to what extent they
were reviewed.
Pfab: I just...I guess at this point it just gives me a chance to encourage the City
staff to look and not quit looking for way to do that.
Kanner: And with the new time schedule, what's the disruption going to be like at
the Civic Center for users there and workers?
Trueblood: There, there should be very little. You know, I mean, obviously whenever
you have some major construction going on there's going to be some
disruption as far as...
Kanner: But the difference...
Trueblood: ... noise...
Kanner: The difference between the old plan and bid specs and the new one you
said we're loosening time restraints...
Trueblood: That...
Kanner: ...and I assume we were doing...we had tighter time restraints because we
didn't want to interfer with... we wanted to make if a minimal interference
with participants in the Civic Center and workers. And this is...will
probably lead to more interference. And so I was wondering if you could
quantify that? How that will interfere with classes, use of areas, and so
forth?
Trueblood: I can't quantify it a great deal for the Civic Center. All's I can tell you is
that...
Kanner: The Rec. Center is what I...
Trueblood: ...the things were taken into consideration so that we disrupt as little as
possible. The Recreation Center, what I mentioned before, was there was
a certain amount of the boiler replacement work, so forth, that was
required to be done on weekends because the shower usage on weekends
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#7 Page #40
at the Recreation Center is less than during the week. So we figured, well,
disrupt the showers on the weekends instead of during the week but then
obviously that costs overtime. So them will be a week during that
sometime where the showers will not be functioning during the week.
And we'll just have to pre-notify the patrons about that. But otherwise, it
will just be the normal, you know, when construction activity is going on
with some, some discomfort with regard to temperatures when it's
interrupted and some discomfort with regard to noise. But not a great
deal. I wouldn't dare do that over here.
Kanner: Thank you.
Trueblood: Okay.
Lehman: Thank you.
O'Donnell: Thank you.
Lehman: Anyone else wish to speak at the heating? Hearing is closed.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#8 Page ~ 1
ITEM NO. 8. PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO
EXCEED $40,000,000 AGGRAGATE PRINCIPAL AMOUNT OF
REVENUE BONDS (ACT, INC. PROJECT) SERIES 2001 OF IOWA
CITY, IOWA.
a. Public Hearing
Lehman: Public Heating is open.
Tom Goedken: Mr. Mayor and the Cotmoil, if you remember back on July 10% I was here
before the Council and you approved a similar ordinance this...or a
similar resolution allowing us to proceed with our projeet and the issuance
of $40,000,000. As legal things go, we're continuing on that process and
it's a fairly lengthy process as we go along here. But since that time, the
project had begun to take shape. We issued bids, we've selected a
contractor, a local contractor, there's a whole out there right now. Mayor
Lehman stuck a spade in the, in the earth and started part of that whole but
the contract...the project is continuing, it's going full speed. We hope to
have it completed within 18months. Should be done in the spfing of
2003. And so this resolution here is continuing on that. And we'd like to
thank the Council for, in advance, for helping us to finance the project and
allowing us to use municipal bonds to, to help finance the project.
Champion: I...
Lehman: Tom, would you explain to...You know, we have some folks that may be
watching on TV or may tune in over the weekend on one of the many
replays of this. Would you explain a little bit, just what we are doing, the
risk factor to the City and those people...
Goedken: Sure.
Lehman: ...who are eligible for this sort of venture.
Goedken: Not knowing specifically all the, the legal technicalities but the internal
revenue code allows not for profit organizations, which ACT is one, to go
through a municipality in order to access municipal bonds for financing a
projects like this. The city's bond rating is not effected. The city's, is
never on the hook for these bonds, one dime of these bonds. It's the, it's
the full faith and credit of ACT that is behind these bonds. In fact, the
rating agency has looked at ACT not the City of Iowa City, you know, for
payment of these bonds.
Lehman: Do you have to qualify...
Goedken: Correct.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#8 Page #42
Lehman: ...for these bonds just as you would for any loan from any lending
institution?
Goedken: Correct. It's our financial statements and cash flow and the project and
everything that stands behind the(can't hear)
Lehman: We just facilitate it?
Goedken: Correct.
Lehman: Okay.
Pfab: I have a question. At...Have you gone to the money market at this time
for...to sell the bonds?
Goedken: No. We're still along the process. This is the second in maybe three
stages that we will be coming to the City. I think the final stage, when we
actually issue the bonds, the transfer of dollars. But we haven't...we
don't have all the documentation completed yet.
Pfab: Do you anticipate when you will be getting into the money...that money?
Goedken: We're hoping to be sometime in December.
Pfab: In December?
Goedken: Um-huh.
Pfab: Good. You should...It should be very favorable time.
Goedken: We're hoping so.
Pfab: I wish you well.
Goedken: Thank you.
Lehman: Thank you, Tom.
O'Donnell: Thank you.
Lehman: Any questions from the Council? Anyone else wish to speak at the
heating? Hearing is closed.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#9 Page #43
ITEM NO. 9. PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE
CITY-UNIVERSITY PROJECT I URBAN RENEWAL PLAN AND
PLAN AREA IN THE CITY OF IOWA CITY, IA.
Lehman: Public heating is open. Public heating is closed.
Vanderhoef: For the record, I want people to know that my family owns property in this
area and legal has ruled that this is not a conflict of interest for me to
participate in this activity.
Lehman: Then why didn't you participate?
(laughter)
Lehman: Okay.
Vanderhoef: I just want it on the record.
Dilkes: She... There are very specific kinds of conflict provisions as part of their
urban renewal provisions of the state code...
Okay.
Dilkes: ...which require that the ownership interest be made of record but you can
participate.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#10 Page #44
ITEM NO. 10. CONSIDER AN ORDINANCE AMENDING THE IOWA CITY
UNIFIED DEVELOPMENT CODE BY ESTABLISHING A
TEMPORARY MORATORIUM ON DEVELOPMENT WITHIN
THE AREA ROUGHLY CIRCUMSCRIBED BY MILLER
AVENUE, U.S. HIGHWAY 1, HARLOCKESTREET~ AND
BENTON STREET IN IOWA CITY~ IA. (FIRST
CONCIDERATION)
Lehman: We've been asked to defer this to November 13th SO that the property
owners involved in this project can be officially notified. And we can at
that time take public discussion and if we choose, have first consideration
on November 13th. Do we have a motion to do that?
Vanderhoef: Motion to defer.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. All in favor? Opposed?
(all ayes) Motion carries. Item number 11.
Karr: Excuse me. Could we have a motion to accept correspondence?
O'Donnell: So moved.
Pfab: Second.
Lehman: Moved by O'Donnel, seconded by Wilbum to accepted correspondence.
Kanner: Is this what we...
Lehman: All in favor?
Kanner: Wait.
Lehman: Opposed?
Pfab: I think he had a question.
Karmer: What's the correspondence we got on this?
Karr: This was the correspondence that was distributed to you tonight from
Chuck Meardon.
Lehman: Oh, that's right. It's in the handout tonight.
Pfab: I think it is almost a copy of an e-mail that came earlier.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23~ 2001.
# 10 Page #45
Karr: It was but he specifically asked that it be submitted this evening so that's
why I wanted...
Pfab: Okay, so it was not new.
Kanner: Okay, yeah, I know what it is.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#12 Page #46
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
WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET
BOOSTER STATION PROJECT.
Lehman: Did we get a handout on that tonight?
Karr: No, number 13. The next one.
Champion: (can't hear)
Lehman: All right. We...The engineers estimate on this project was $880,000. We
received 4 bids. The lowest bid was from Wendler Engineering and
Construction from South Amana for $835,568. Public Works and
Engineering recommend the awarding of the contract to Wendler
Engineering. Do we have a motion to that effect?
Pfab: I move the ... resolution.
Vanderhoef: Second.
Lehman: Moved by Pfab, seconded by Champion. Discussion?
Kanner: The question that, maybe it's tangent to this. With the new parking ramp
at the University, what are...what's those stations with the water? They
look like nuclear reactor...
Atkins: Oh, along the highway? I don't know. I assume their...
Kanner: Isn't there water going through there
Atkins: ...cooling towers. I assume it's some cooling towers.
Lehman: The cooling tower for the air conditioning system.
Atkins: Ron?
Kanner: The air conditioning? Okay.
Lehman: I'm sure it is.
Atkins: Ron?
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#12 Page #47
Kanner: It's not connected with a water system or...
Ron Knoche: No.
Atkins: Ron Knoche from our engineering...Are you familiar with that (can't
understand) project?
Knoche: Those are cooling towers that they use for chilled water at the University.
It's similar to the parking ramp that they have by the water plant that we
have today. They just use it to chill the water and pipe that through their
system.
Wilbum: Down by Noah Hall? Down behind the...down by the river there?
Knoche: Correct.
Atkins: Thank you, Ron.
Kanner: Thanks.
Lehman: Item 13. Consider resolution awarding contract and authorizing the mayor
to sign and city clerk to assign...
Karr: No.
Arkins: No. You didn't...
Karr: Mr. Mayor, we didn't have a roll call.
Lehman: Oh, gosh, I'm sorry. We need a roll call.
Pfab: He wants to go home.
Lehman: (7/0) Now we'll do 13.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#13 Page #48
ITEM NO. 13. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A CONTRACT FOR THE CONSTRUCITON OF THE
SOUTH SYCAMORE REGIONAL GREENSPACE SEEDING
PROJECT.
Vanderhoef: Move adoption of the resolution.
O'Donnell: Okay
Lehman: Re-seed, 1, 2, 3, 4, 5, what 7 bids.
O'Donnell: Seven bids.
Lehman: Engineers estimate was $115,000. A low bid from Bush Seeding
Company from Milan, Illinois was $96,119. The recommendation from
Public Works and Engineering is to award the project to Bush Seeding of
Milan, I1. And Ms. Vanderhoef, did you make that motion?
Vanderhoef: I did.
Champion: And I second it.
Lehman: Moved by Vanderhoef, seconded by Champion. Discussion? Roll call.
Motion carries, 7/0.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#14 Page#49
ITEM NO. 14. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE
HICKORY HILL PARK TRAIL PROJECT.
Pfab: I'm,.,
Lehman: Estimated cost was $444,000. Peterson Contractors was the lone bid at
$469,816. Parks and Recreation Director recommends awarding of the
project to Peterson Contractor. And my understanding is there's going to
be effort to, even if we award this contract, to make changes...
Atkins: Yes.
Lehman: ...that will reduce the amount of the contract. And here to speak for Parks
and Recreation is Terry Trueblood himself.
Could we...
Trueblood: I do know a little bit more about this project.
Lehman: Thank you.
Champion: We'll we're happy about that.
O'Donnell: We share it.
Trueblood: I'm... I'm happy to report to you that we have had conversations with the
contractor and have mutually agreed upon several reductions in the cost of
the project that will have little impact on the final product and those
reductions total about $90,000. So...and...considerable credit in that to
and idea that Terry Robinson had, that kind of little light bulb up here, that
we will be reusing some pedestrian bridges that Public Works had used as
temporary pedestrian crossing some time ago. I believe it was on the Wolf
Avenue project going over Highway 6. And, so we can use those. We can
cut them, modify them, and reuse them instead of having some wood truce
bridges built there. And that alone is a savings of about $44,000. So, at
any rate, I meet with the contractor tomorrow to finalize some things but
we have reduced the cost substantially so that we have it within budget.
Vanderhoef: Great.
Champion: Terrific.
O' Donnel 1: Okay.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#14 Page #50
Kanner: As an aside, do we still have the Summit Street Bridge, pedestrian bridge?
Is that something that...
Trueblood: There are two of them there. That might be the other one.
Two?
Kanner: We still have it stored somewhere?
Trueblood: Well I know there are two of them stored down by the old public works
yard right now but I thought those were both ~'om the Wolf Avenue
project but I couldn't swear to it.
Atkins: We have two. They are stored. We would expect you'll find them at
Hickory Hill Park if you approve this. And Terry can negotiate.
O'Donnell: Fine.
Trueblood: You'll find one...
Atkins: At least one...
Trueblood: ...at Hickory Hill Park cause it's...they're 70 feet long and we only need
them 35 feet long.
Champion: Cut them in half.
Lehman: Baby, that works.
Champion: That works.
Vanderhoef: Great idea.
Lehman: You may have three.
Trueblood: Well we don't have a place for a 70 footer in Hickory Hill Park but we'll
look for a spot.
Champion: I'm so glad that worked out. That's really nice.
O' Donnell: Very nice.
Arkins: Terry, I think you ought to try to just take a minute to reassure folks about
the path itself.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#14 Page #5 1
Trueblood: No reduction in the size of the path. No...in the length of it or the width
of it, anything like that. We're going...there'll be some minor changes for
example that the consultant recommended that he had some tiling under
certain portions of the trail that he said when he...in re-looking at it he
probably had more sections of that then we needed it. So that's a small
reduction. But that's something that won't even be visible to the eye.
You may recall we had some boardwalk here and there along the trail.
Those were primarily for small stream crossings in some areas with
drainage problems and he also indicated that there were areas that we
could by fine with just regular trail instead ofboardwalk. So those items
are the only thing you might notice a changes as far as the trail itself is
concemed. But the length, the route, everything else is going to be the
same. The bridges that I mentioned, they'll be wood plank with steel
railings as opposed to all wood like the other two were going to be. But
they'll be similar to the two pre-fabricated bridges that will go in two
other spots. Made by the same company as a matter of fact. They won't
be exactly like them but they'll fit very well in the setting.
Lehman: Very good.
Pfab: I move the resolution.
Lehman: I think we have.
O'Dormell: We already have.
Karr: No we don't.
Lehman: We don't.
Champion: We don't have it.
O'Donnell: We didn't. Well then I'll second.
Lehman: Moved by Pfab, seconded by O'Donnell. It's getting late and it's still
early. Discussion? Roll call. Motion carries, 7/0.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#15 Page #52
ITEM NO. 15. CONSIDER A RESOLUTION ESTABLISHING THE
NEIGHBORHOOD HOUSING RELATIONS TASK FORCE.
Champion: Move the resolution.
Pfab: Second it.
Lehman: Moved by Champion, seconded by Pfab. Discussion? At last nights work
session we discussed this at some length and we do have a resolution that
has...it has the people who will be serving on that task force specifically
named. And we have received today the names from the Iowa City
Apartment Association. The recommendations which were Ann Vespa,
Larry Svoboda, and Ted Chambers, the neighborhood cotmcil members
Jerry Hansen, Jim Walker...er Tim Walker, Ann Freerks, the tenant
interest by Nick Klenske, Mike Newman, Mike Carberry and there's one
at large chair for Hillary Sale. Is there...
Vanderhoef: We're still missing one.
Lehman: We're missing...
O' Donnell: Realtor.
Atkins: The realtor.
Lehman: Yeah the realtors have not responded. Do we wish to go ahead and make
this pass resolution and that person then can be then added?
O' Donnell: Yes.
Champion: Sure.
Pfab: I move that.
Champion: Yeah, we ought to.
Pfab: I move that we do that.
O'Donnell: Good idea.
Lehman: We have a motion to do that.
O'Donnell: I'I1 second it.
Lehman: All fight. We have the motion.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
# 15 Page #53
Dilkes: Let's put it on the floor as an amendment.
Champion: Um-huh.
Lehman: We have an amendment to accept...
Dilkes: Amendment to add these people to the resolution we just...
Lehman: All right, we have an amendment from Mr. Pfab, seconded by O'Donnell
to add those names to the resolution. Discussion on the amendment? All
in favor? Opposed? (all ayes) Now we're discussing the original motion,
which is to establish the task force.
Vanderhoef: I still think we need to defer it until we get the last name on there.
Champion: Let's get it moving. We can have an amendment to amend it.
O'Dormell: We need to move this forward.
Pfab: If the Board of Realtors have not chosen to respond...
Champion: We'll they might not have had a meeting.
Vanderhoef: They haven't had a chance.
Pfab: No, no...
Atkins: I did write them the letter, Irivn, and I called Ann and she just didn't
respond. I'm (something) pressing business.
Pfab: I mean, so, I would say if we don't get a response after a certain period of
time, that we go to another at large person. There are people that have...
Atkins: Well...I would just caution you that in your resolution you name a
specifically a realtor.
Pfab: That's...That is what I was wondering.
O'Donnell: And I think that's very important to do.
Atkins: Oh, I'm sure they'll respond. I can't imagine why they wouldn't.
Lehman: They' 11 respond.
Atkins: It was just...
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
# 15 Page #54
Pfab: Okay, so now it's..there's a ...
Atkins: You're just one short.
Pfab: There's a holding spot...there's a spot in holding for them but the
organization can now start moving forward?
Atkins: That's what I understand.
O'Donnell: Yeah.
Pfab: Okay, that's fine.
Atkins: So here your voting on.
Pfab: Then I support it.
Lehman: Discussion? I'm going to support this. I totally agree with the concept. I
think it's a task force that I'm looking...I think you're going to have your
work cut out for you. I think you've got very good folks. Not going to be
easy but I have every confidence that you will be able to come up with
some meaningful recommendations that will take care of some situations
in our neighborhood that are just not acceptable.
Pfab: I would piggy back on something that you said. If they haven't figured
out by now how difficult this is going to be they're a lot slower than I
would think they are. And I think that they realize that they've got their
work cut out for them and I commend them for what they've done so far.
Lehman: All right. Roll call. Motions carries, 6/1, Vanderhoefliked voting in the
negative.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#2a Page #55
ITEM NO. 2a. MAYOR'S PROCLAMATIONS: UNITED NATIONS DAY -
OCTOBER 24
Lehman: We have one proclamation that we did not read at the beginning of the
meeting and we now have someone here to accept that proclamation and I
will be glad that it's time to read that.
(read proclamation)
And Marti Horan is here to accept that. Marti.
Marte Horan: In the absence of a member of the group being here I'm accepting this so
we could get it on the public record. Thank you very much.
Kanner: Marte? Before you...Are there any events that you know of offhand? I
know you might not keep track. It mentions some events that they're
trying to...
Horan: No, but I'll get back to you on that.
Karmer: ...organize. Thanks.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#18 Page #56
ITEM NO. 18. ANNOUNCEMENT OF VACANCIES.
Lehman: And I really would encourage folks who have any interest in becoming
involved in your city government to stop by the Clerks Office, pick up an
application and serve on these boards or commissions. I think you'll find
it very gratifying experience.
Karmer: I had a question for Madan. The Board of Adjustment which deals with
zoning and Board of Appeals which is building codes, I think I got that
right, I always mix them up. Do the people that apply have to have any
specific qualifications for these two spots that are...
Karr: There are some identifiable spots.
Lehman: Right.
Karr: I would have to check. We will put that in the notice of vacancy if there is
that. Would you like that on the agenda in the future.
Karr: Yeah, I guess would. I think it would be helpful to have that.
Vanderhoef: Well one of those spots is at large.
Dilkes: Not for the Board of Ajustment, possible for the Board of Appeals.
Lehman: If I'm not mistaken Marian, when that is a requirement it appears in the
advertisment that they have to...
Karr: It does. He's asking about the announcement of...He's asking about it on
the agenda. Would you like indicated on the agenda, that specification?
Pfab: I think...
Karr: It does appear for sure on the ad in the paper and it will be in the ad when
you make the appointment, yes.
O'Donnell: It's a good idea having it on the agenda...
Karr: Okay.
O' Donnell: ... I think.
Lehman: Okay.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#19 Page #57
ITEM NO. 19. CITY COUCIL INFORMATION.
Lehman: Irvin?
Pfab: Nothing.
Lehman: Connie?
Pfab: Not tonight.
Champion: Well I did read in the paper that the ballots are ready. So people can
vote...
Lehman: Okay.
Champion: ...at the Auditors Office. Make sure everybody gets out there and votes.
Lehman: Mike?
O'Donnell: And I read in that paper also that the ballots are ready. When...
Champion: And have we told you how important it is to vote? That's your line.
O'Donnell: Have I told everybody how important it is to vote this time?
Lehman: Okay.
O'Donnell: I encourage everybody to get out and vote. Let's set a record folks.
Lehman: Dee?
Vanderhoef: Nothing tonight.
Wilburn: Well they're another set of ballots soon to be ready, the kids vote and I
just want to congratulate the Iowa City School District for once again
allowing the kid vote to occur. Several schools have asked me to come
and talk to them (can't hear)
Champion: I'm going to go to Longfellow and I'm...
Wilburn: And I'm glad that they do that.
Lehman: Okay, Steven?
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#19 Page #58
Kanner: And New Pioneer Coop across the street is having an election. Those
ballots have been out for awhile. So a lot of opportunity to vote. A few
things. I got to visit Domestic Violence Intervention program shelter for
abused women and children and was quite impressed. What they're doing
there and I think it's a good use of our money. They do need voltmteers.
People think that you have to be a women or...to volunteer but they'll take
men or women. They do background screening and they are in need of all
types of volunteer so I would encourage people to seek them out if they' re
interested in that. I did go to the Literary Walk Dedication two weeks ago
and there were some fellow Council Members there. And the artist Greg
Lafur was there and he was quite articulate. I was impressed not only with
his work, it's exciting work that we have there on the Literary Walk, but
also his short speech. And I just wanted to quote...He quoted one of the
works and the author's Margaret Walker' s Jubilee and it was quite
meaningful. He's anew Yorker and he talked about this time of violence
and he quoted what we have on the plaque from Margaret Walker talking
about "The summer then was like an idol. A session of peace when all the
agitation of the violent world around them seemed suspended and they felt
secure". And hopefully that's how we can feel, now and in the future.
And I also wanted to thank Carol Spaziani and Nancy Purington who, my
understanding is, came up with the idea of the Public Art Advisory
Committee. And if I'm wrong correct me. But they had a lot to do with it.
Atkins: Karin and Carol and Nancy all...I...Karin from our staff...
Kauner: Karin. Okay.
Atkins: ...wanted an idea of how to go about it, but I don't think there's any doubt
that Nancy in particular, because she had chaired, and Carol had been very
active in pulling the whole thing together.
Kanner: But thanks...
Atkins: They deserve a lot of credit.
Kanner: Yeah, thanks to those folks, Karin Franklin, too. It's exciting, that
Literary Walk that we have there. And I had a question. We have some
good news from the buses that the new routes have increased riders and
that's good news. It looks like it's going well.
Atkins: Yep.
Kanner: But we also had a memo that we're having a net loss of $30,000 from our
transit funds and we're going into operating fund reserves. And I was
wondering, if perhaps, now or at another time we could talk about how
that looks, the operating...
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#19 Page #59
Atkins: (something) to send you a memo on it. That's very easy to do. We
maintain a reserve. We budget deliberately to allow us flexibility in
anticipation of the fact that the revenue for our transit system is heavily
dependent upon actions of other governments, State and the Feds. So we
try to keep a reasonable reserve. We can cover this sort fall this year. If
they do it again to us this year then things are going to get a little snugger.
But I can certainly prepare a quick memo for you and update you on that.
Not a problem.
Kanner: And I don't...I have a feeling it's not going to get much better in the next
year or two.
Atkins: We attended a breakfast...a breakfast, excuse me, a luncheon today where
Speaker of the House, Siegrist and Mary Kramer, President of the Senate,
spoke. And while they were not doom and gloom people, they were
pleased with the...at least effort that' s being put forth now to try and
balance the state budget. But they made a very telling comment to us that
their projections for next year are already about 200,000,000 short. So, I
think, we can fully expect another round of...of budget cutting going into
the upcoming legislative session. And that's very, very unfortunate.
Champion: That' s a lot of money.
Kanner: We're going to have a lot of work to do in the next...
Atkins: Your upcoming budget this year is probably going to be a little more
difficult then we're accustomed to because we are actually going to
reserves to help. And that's the purpose of maintaining good reserves. It
helps you ride out the bumps. But if it gets real bumpy, you begin to burn
up the reserve.
Kanner: Thank you.
Atkins: Yeah.
Lehman: I was at that Literary Walk dedication as well and if you haven't had an
opportunity to walk down Iowa Avenue, do so. That Literary Walk is just
fascinating. Look at the person ahead of you because there is going to be
more rear end collisions on those sidewalks than any place in Iowa City.
You walk along and you really have to stop and read and at this...faced
the wrong way, you'll turn around. But it's really fascinating. It's a
beautiful, beautiful project. I mean, I think that's a wonderful example of
how the City and the University have the mind to do something really
special for the community. So, it was a lot of fun.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.
#20 Page #60
ITEM NO.20. REPORT ON ITEMS FROM CITY STAFF.
Lehman: Steven?
Arkins: Not a thing, sir.
Lehman: Eleanor? Matian? Do we have a motion...
O'Donnell: You have it.
Lehman: ...to adjourn.
Pfab: Second.
Lehman: Moved by O'Donnell, seconded by Pfab. All in favor? Opposed? (all
ayes) We are adjourned. Thank you.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of October 23, 2001.