HomeMy WebLinkAbout1995-09-26 AgendaIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL IVIEETING OF SEPTEIVIBER 26, 1995
7:30 P.M.
COUNCIL CHAIVIBERS, CIVIC CENTER
~.10 EAST WASHINGTON
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356-5040.
AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - SEPTEIVIBER 26, 1995
7:30 P.M.
COUNCIL CHAMBERS
ITEM NO. 1 - CALL TO ORDER.
ROLL CALL.
ITEM NO. 2 - MAYOR'S PROCLAMATIONS.
a. HEAT's On Day - October 7, 1995.
Fire Prevention Week - September 26, 1995.
~.~ Special Populations Week - October 2-8, 1995.
ITEM NO. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
Approval of Official Council actions of the special meetings of Septem-
ber 11 and 20, and of the regular meeting of September 12, 1995, as
published, subject to corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Parks and Recreation Commission meeting of August 9, 1995.
(2)
Broadband Telecommunications Commission meeting of August
28, 1995.
(3)
Planning and Zoning Commission and Riverfront and Natural
Areas Commission joint meeting of August 10, 1995.
(4) Airport Commission meeting of August 10, 1995.
(5)
(6)
Board of Library Trustees meeting .of August 24, 1995.
Board of Library Trustees special meeting of September 7, 1995.
(7) Planning and Zoning Commission meeting of September 7, 1995.
(8)
(9)
Design Review Committee special meeting of August 21, 1995.
Design Review Committee special meeting of August 30, 1995.
(10) Historic Preservation Commission meeting of July 11, 1995.
(11) Historic Preservation Commission meeting of July 25, 1995.
(12) Historic Preservation Commission meeting of August 8, 1995.
#2c page 1
ITEM NO. 2 - MAYOR'S PROCLAMATIONS.
b/c. Fire Prevention Week - September 26, 1995.
Horow/ Would you care to accept this please? Thank you for your
work.
Wayne Stagg/ Of the Iowa City Fire department and I would like to
accept this for the Iowa City Fire Department and Fire
Prevention Week, 1995 and I want to thank all of you for this
and I would like- The second thing I would like to do is
introduce our newest fire prevention tool. This is Freddie the
fire truck.
Horow/ Hello Freddie, nice to meet you. I can't believe I just said
that.
Atkins/ He is talking back to you, Susan.
Horow/ Is he really? What is going on here? Do you take this to the
schools?
Stagg/ Yes we do. It is brand new. We really haven't worked with
it.
Horow/ That is cute. That is nice.
Kubby/ Before you go, will you talk a little bit about the Home
Fire Drill on October 157
Stagg/ On October 15 they are having a county wide fire drill and
there is-we have put brochures out to all county departments,
flyers and been through the media and on that day, that
evening, there is going to be a county wide fire drill. That
is what it means. Everyone that we can get to participate in
it.
Kubby/ The purpose is to get people to practice how to leave their
homes during a fire because most fire deaths occur in the
home. You will hear sirens all over the community. Don't think
that something happened at Palo or there is a big tornado. It
is a Home Fire Drill on October 15, 7:00 PM.
Stagg/ I believe just before that it is going to be in the media.
It will probably be on television on the radio.
Kubby/ The brochure is great. It really describes what factors you
should think about. Make sure you have two exits from your
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home, especially from your sleeping quarters. Good brochure.
Horow/ Thank you very much.
Stagg/ Thank you.
Horow/ Let's see how Freddie gets out of here.
Good job.
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Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 2
c. Permit Motions as Recommended by the City Clerk.
(1)
Consider a motion approving a Class "C'.' Liquor License for
Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N, Dodge St.
(Renewal)
(2)
Consider a motion approving a Class "C" Liquor License for
Diamond Dave's Taco Co. Leasing, Corp., dba Diamond Dave's
Taco Company, 1604 Sycamore St. (Renewal)
(3)
Consider a motion approving a Class "C" Beer Permit for
Nordstrom Oil Co., dba Sunset HandiMart, 1410 Willow Creek
Dr. (New)
d. Setting public hearings.
(1)
CONSIDER SETTING A PUBLIC HEARING ON OCTOBER 10,
1995, TO DISCUSS THE FY1994 COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY (CHAS) ANNUAL PERFORMANCE
REPORT.
Comment: The City is required to prepare a CHAS Annual Perfor-
mance Report for fiscal year 1994 in order to assess the City's
performance in relation to the one-year objectives set forth in the
1994-1998 CHAS. A 30-day public comment period for this
document began on September 22, 1995.
Motions.
(1)
Consider a motion to approve disbursements in the amount of
99,787,387.14 for the period of August 1 through August 31,
1995, as recommended by the Finance Director subject to audit.
Disbursements are published and permanently retained in the City
Clerk's office in accordance with State Code.
f. Resolutions.
I1)
CONSIDER RESOLUTION APPROVING THE PUBLIC HOUSING
MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICA-
TION OF THE IOWA CITY HOUSING AUTHORITY FOR FISCAL
YEAR 1995.
Comment: The Department of Housing and Urban Development
(HUD) requires housing authorities to certify past performance data
as a means of monitoring local activity. HUD will score the Iowa
City Housing Authority (ICHA) upon twelve indicators and will
identify areas of concern or performance based upon these indica-
tors. The Public Housing Management Assessment Program
Certification, HUD-50072, is the only performance report required for
FY95.
Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 3
g. Correspondence
{1)
Letter from Randy Dickson regarding a cultural management
survey for the water plant property.
(2) Letter from Rod Lakes regarding a foreign-made back hoe.
(3) Letter from John A. Gross regarding the Bus and Shop Program
rates.
Applications for City Plaza Use Permits.
(1)
Application from Josh Timmars for permission to set up a table
on September 14 and 15, 1995, for the purpose of distributing
information regarding the campaign to organize graduate
students. (approved).
(2)
Application from Rebecca Thomas for permission to set up a
table on September 23 and 29, 1995, for the purpose of
distributing information regarding her church. (approved)
i. Applications for Use of Streets and Public .Grounds.
(1)
Application from the Downtown Association for the use of public
sidewalks for Sidewalk Days, September 21 - 24, 1995.
{approved)
(2)
Application from Frank Howard for the use of William Street
between Bradford and Wayne, on September 16, 1995, for a
block party. (approved)
(3)
Application from Regina High School for the use of public streets
for the Regina Homecoming Parade on September 22, 1995.
(approved)
(4)
END OF CONSENT CALENDAR
Application from Jean Lloyd-Jones for the use of Gould Street on
October 8, 1995, for a block party. (approved)
City of Iowa City
MEMORANDUM
To;
From:
Date:
Re:
Mayor, City Council and General Public
City Clerk
September 26, 1995
Addition to the Consent Calendar
Item No. 3G(4)
Information from Melrose Avenue Neighborhood Association
regarding the Melrose Avenue Bridge and street alternatives.
Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 4
ITEM NO. 4 - PUBLIC DISCUSSION (ITEIVIS NOT ON THE AGENDA),
ITEM NO. 5 -
PLANNING AND ZONING MATTERS.
Action:
Action:
a. Public hearing on an ordinance amending the Zoning Chapter by
changing the use regulations on an approximate 2.02 acre tract of land
located east of Lakeside Drive and south of Highway 6 from ID-RS,
Interim Development Single-Family Residential, to RM-12, Low Density,
Multi-Family Residential. (REZ95-0012) /~/~ ~
Comment: At its August 3 meeting, by a vote of 5-2 with Scott and
Starr voting no, the Planning and Zoning Commission recommended
denial of the requ. ested rezoning. At its September 7 meeting, by a vote
of 4-2 with Scott and Supple voting no, the Planning and Zoning
Commission reaffirmed its recommendation to deny the requested
rezoning. The Commission's recommendations are inconsistent with the
staff recommendation to approve the rezoning subject to a conditional
zoning agreement. Comments were received at the Council's September
12 public hearing on this item. The public hearing was continued to
September 26. ~ ~
b. Consider an ordinance amending the Zoning Chapter by changing the use
regulations of an approximate 29 acre tract of land located west of
Mormon Trek Boulevard and south of Rohret Road from RS-5, Low
Density Single-Family Residential, to OPDH-8, Planned Development
Housing Overlay. (REZ95-0009) (Second consideration)
Comment: At its August 3 meeting, by a vote of 6-1 with Dierks voting
no, the Planning and Zoning Commission recommended approval of the
requested rezoning, subject to certain conditions. The Commission's
recommendation is consistent with the staff recommendation contained
in the staff report dated July 20. Public comments were received at the
August 29 and September 12 public hearings on this item.
#4 page i
ITEM NO. 4 - PUBLIC DISCUSSION (ITEMS NOT ON THE ASENDA).
Horow/ This is items not on the agenda where if anyone who has an
issue that is not on the agenda, please come forward and state
your name, write in and keep your comments to no more than
five minutes.
Derek Maurer/ I am a member of the Public Access Television Board
of Directors and I would like to take a few minutes this
evening to update you on current events and activities at
Public Access, your neighborhood network, Channel 2 on Iowa
City and Coralville's cable system. First you are probably
aware that we have implemented some new policies lately. The
first set of these policies requires -implements stricter
requirements for identification of program providers and
producers and also requires more orientation for new program
providers and as you certainly know, these policies were in
response to a controversial program that aired last summer
that some viewers found offensive and I think these policies
effectively respond to the communities concern about those
issues. The second set of policies that has gone into effect
recently have to do with scheduling of prime time series and
the details are a little hard to explain but the purpose of
them is to make prime time hours more accessible to more
producers and both these sets of policies went into affect on
September 1. So they have just been implemented for a few
weeks now and we have given ourselves until six month trial
period to evaluate the effectiveness of these new policies.
The second item I would like to tell you about is the Video
Voices Video Club project. I am sure many of you know Marjorie
Hayden Strait° She has worked very hard to coordinate a
project to train people with special needs to produce video.
The project has been in production since August. Jerry Nixon
of the City's Cable Division staff has devoted quite a few
volunteer hours. He has been an excellent instructor. He is
really helped the people who are participating in the program
to learn how to use the equipment and to gain confidence with
it and I think it is a very innovative program and I am really
glad to see that Marjorie has gone to an incredible amount of
work to put this together and Gerry has put in a lot of time
and other volunteers as well.
Horow/ What is the name of it, again, Derek?
Maurer/ The framework of the organization is called the Video
Voices Video Club Project and they are producing a show that
is called Hear Our Songs. I can't tell you at this moment when
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that show is airing but I think there is a show currently
airing and if you want to see that then you could check with
PATV to find out when to tune it. I will also mention that
this is a volunteer opportunity for anyone in the community
who wants to volunteer or for any member of the council who
might have the time and inclination to participate. There will
be a session at the PATV studios this Thursday, September 27
and again, next week on October 5, which is also Thursday I
believe. So, for anyone who is interested, this is an
excellent opportunity to become more acquainted with Public
Access and how it works and also with this very innovative
program. The next item I wanted to report to you was that we
have-Public Access has selected two new projects to give staff
assistance to create series. This is a program that Public
Access operates in order to give people in the community or
organizations in the community who have an idea about a
program or a series they would like to produce but need
technical and production assistance. They can submit a
proposal and Public Access, if it chooses this proposal out of
the many that are submitted, will then provide staff
assistance to produce the series and again, that is available
to any individual or organization in the community and these
proposals come around on a six month cycle. And this cycle a
couple of new programs were chosen. One will be M. C. Ginsberg
Presents. I am sure you are acquainted with Mark Ginsberg. He
will be interviewing local artists who are displaying work in
his gallery. And the other one is called Brain Dead and that
will be comedy skits by the West Side Players, a University
student run theater group. Another item is PATV now has a WW
Web page and I won't try to tell you the address of it. You
can call PATV to get the address. But the WW Web page for PATV
contains information on staff, the Board of Directors,
guidelines, programmings, schedules, etc. And finally, mark
your calendars. PATV's annual meeting is coming up November
17, that is a Thursday, starting at 7:00 PM, meeting room A of
the ICPL. There will be lots of food and fun. We will screen
noteworthy shows from the past year and perhaps raffle some
prizes and-
Kubby/ The owl?
Maurer/ I don't know. I don't know what the programs will be. But
and they usually also do a whole bunch of rather humorous
awards to producers and volunteers who have put in a lot of
time at PATV over the past year. And it will also elect one
new PATV board member at that event. Certainly, you are all
invited and we will be doing some more publicity and
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F092695
#4 page 3
information on that. But I want you to know about it in plenty
of time so you can mark your calendars and come if you like.
So that is all I have.
Pigott/ Could you just give the PATV phone number?
Maurer/ The PATV phone number is 338-7035 and anyone in Iowa City,
Coralville area is welcome to come and take advantage of the
facilities and programs. Thank you.
Horow/ Anyone care to address council on an issue that is not on
the agenda? All right, moving on to item #5- Oh, I am sorry.
Dick
Hupfeld/ 3 Mount Vernon Court. I am the current president of
the Iowa City Greater Iowa City Apartment Owner's Association.
In May of this year, I don't know if you recall, but I
addressed council at that time with concerns that are members
were having relative to the rental inspections being conducted
by the HIS group. Everybody remembers that? Good. I am happy
about that. Our primary concern which we related at that
point or at least I tried to relate at that point dealt with
what I called the level of the inspection or which has also
been called the intensity of the inspections as of late. Over
the years items which previously had been accepted part of the
inspection now were starting to show up on inspections and
being no longer acceptable. More and more of the non-housing
part of Iowa City Code was being incorporated into the Housing
Inspection Code such that we were being subject to inspection
for more and more things. And I believe that there exists a
gross differing treatment between rental property and non-
rental property on item in the code that are totally unrelated
to tenant safety. I have used the example of peeling paint on
the third floor which relates to protecting the value of
neighboring properties and that is exactly the same type of or
exactly the same reason that that code is appropriate for a
owner occupied property. But we are subject to some inspection
on that type of thing that other people are not. As you are
aware, Doug Boothroy on June 13 then submitted a memo which
outlined a proposal for a task force to address the issues
which I had brought forth. In his memo Doug said my comments
to the council could be summarized and I quote from the memo,
"Customer service issues related to communications and
delivery of service." And he subsequently proposed a task
force whose focus then was quality of service of the
inspections that he was delivering. While the task force that
he is proposing is certainly not without merit, it has good
item in it. The reason I am here tonight is to register with
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you people that the task force that Doug had proposed in no
way addresses the issue that I had intended to confront you
with the time before. I just think they are significantly
different than what we wanted addressed. At this point I think
we have a couple of choices. We can attempt to change the
focus of that particular task force or create a new task
force. The thing I would suggest since Doug's original task
force was intended to address some of the concerns that we
have, our concerns are totally more related to the things that
I am talking about than that customer service type issues that
he is suggesting the task force address. In fact, one of the
things I had said before at the last meeting, I said Doug, if
there is a problem you are too good at what you do because our
concern is this being enforced to the letter of the law. Now
what is wrong with enforcing things to the letter of the law?
Disparity of treatment is one thing. When you have-I mentioned
the peeling paint in terms of it being totally unfair to
subject rental property owners to that type of thing when
owner occupied people that section of the code is on a
complaint basis only. I think the other part, it relates to
price. It relates to cost and eventually these cost come back
to the cost of renting in this town. So, those are the things.
The biggest issue is making sure people are aware that I do
disagree with the current focus and-
Horow/ Did you address this at a meeting of the task force?
Hupfeld/ ¥eah, I have. Doug and I have had conversations the last
couple of days and his intention at this point is to go forth
with what he has laid out.
Horow/ Is it possible perhaps as an evolution that has to go
through on the task force?
Hupfeld/ I don't know. From a focus standpoint, I don't believe
that my items should be handled on the fringe of the other
task force. I think they are significant enough for having a
totally focus on that. Thank you.
Horow/ Thank you very much. Anyone else that cares to address
council on an issue?
Todd Janus/ I live at 2302 Abbey Lane. And I was here last time you
know about another project that was before the council. I came
back today because I wanted to apologize to you, especially to
Ms. Novick and Mr. Lehman. The Press Citizen erroneously
published the comments that several of us got up and left at
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the vote of it. I got up and left because my ride was leaving
and the babysitter needed to be taken home. I couldn't stay
any longer. So, I didn't want the council to think at least on
my part that my actions were in anyway, while I was disgusted
with the outcome, were in anyway an affront to the city
council and because it was portrayed erroneously in the Press
Citizen I felt that I should come down here and apologize
specifically and make sure that the city council at least in
my case didn't construe my getting up and leaving as being in
anyway a protest against the council and that sort of thing.
Horow/ Thank you, Todd. Anyone else care to address council on an
issue that is not on the agenda? Okay.
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F092695
#5a page 1
ITEM NO. 5a.
Public hearing on an ordinance amending the Zoning
Chapter by changing the use regulations on an
approximate 2.02 acre tract of land located east of
Lakeside Drive and south of Highway 6 from ID-RS,
Interim Development Single-Family Residential, to
RM-12, Low Density, Multi-Family Residential.
(REZ95-0012)
Horow/ We are now continuing that p.h. Declare the p.h. open. I
would ask you to sign in, state your name and keep your
comments to no more than five minutes. Thank you.
Chuck Mullen/ I am here representing CD Development and I am happy
to report that we had negotiated a CZA and it has been signed
by my clients. I believe it is acceptable to the city staff
and I would like to take this opportunity to thank Linda
Gentry. I think she was probably instrumental in seeing that
we got this matter resolved without further difficulty, I
hope, at least. It is my understanding that P/Z had voted now
to reconsider again, hopefully more favorably this time. The
CZA that has been drafted and signed by my clients I believe
addresses the issues that were raised by the staff and
addresses them in a positive way as far we are concerned. We
have concrete guidelines to follow so we know what we can do
and that is really all we wanted from the beginning.
Kubby/ And they are not substantial enough changes that we need to
kind of start over with p.h.?
Woito/ No.
Horow/ Do you wish us to continue this until next week?
Woito/ The only reason that I would recommend continuing the p.h.
is because although there were two members of the P/Z
Commission at this big pow wow that I brought together, they
are going to vote to reconsider. So, in some deference to them
although I think the agreement definitely incorporates all
their needs, we could continue the p.h. and then put the item
on for first consideration next time.
Kubby/ Because we haven't seen it either, I would feel more
comfortable-
Woito/ Precisely.
Mullen/ We probably will be back asking for expedited
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consideration. We are getting a little concerned about the
weather. And if it is approved we would like to get on with
construction as soon as possible. If I understand the process,
you will continue the p.h. and then hopefully give the
ordinance first consideration at the close of the extended
p.h.
Horow/ Right.
Nov/ That has been our pattern.
Horow/ Thank you very much. Any questions?
Lehman/ I would just like to thank you and your clients for working
with the city staff. I think there are few things that we
really can't work out if we try and this is certainly a much
different climate than it was two weeks ago.
Mullen/ Thank you.
Horow/ Anyone else care to address this issue? Moved by Nov,
seconded by Pigott (to continue the p.h. to 10/10). All those
in favor signify by saying aye (ayes).
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F092695
Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 5
Consider an amendment to City Code Title 14, Chapter 6, Article V,
"Minor Modification Procedures," to allow parking for persons with
disabilities in the front yard of a commercial zone even when located
adjacent to a residential zone. (Second consideration)
Action:
Comment: At its Adgust 3 meeting, by a vote of 5-2 with Jakobsen and
Scott voting no, the Planning and Zoning Commission recommended
approval of the requested text amendment. The Commission's
recommendation is consistent with the staff recommendation contained
in the staff memorandum dated August 3. Comments were received at
the August 29 public hearing on this item.
Consider a resolution for preliminary and final plat approval of Donohoe
Fourth Subdivision, an 11.35 acre, two-lot commercial subdivision
located in Fringe Area 1 on the south side of Highway 1 at its intersec-
tion with Landoh Road. (SUB95-0019)
Comment: At its September 7 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of the Donoboe Fourth
Subdivision, subject to approval of the legal papers prior to Council
consideration of the final plat. This recommendation is consistent with
the staff recommendation contained in the staff report dated September
7. It is anticipated that the legal papers will be approved prior to the
September 26 Council meeting,
#5d page 1
ITEM NO. 5d.
Consider a resolution for preliminary and final
plat approval of Donohoe Fourth Subdivision, an
11.35 acre, two-lot commercial subdivision located
in Fringe Area 1 on the south side of Highway i at
its intersection with Landon Road. (SUB95-0019)
Horow/ It is anticipated that legal papers will be approved prior
to the September 26 Council meeting. Has that happened?
Woito/ Things are moving.
Horow/ Moved by Baker, seconded by Pigott. Any discussion?
Kubby/ I really don't want to vote for this. I wished that our
ability to live out the Fringe Area Agreement were greater.
The Fringe Area Agreement says this area should not be
commercial. If the county has control over the zoning part, if
they come-and they have decided to rezone it commercial, I
feel it is too out and it is going to cause more people to
drive further to get to commercial areas and it could extend
the commercial stretch that is already forming to go further
south past Mennards and keep growing up Highway 1 or down
Highway 1. But the county has control over that decision, they
have made it. The frustrating part of it is that we have
control over the platting of it, how things are arranged on
that piece of property. Our laws say if they follow our rules,
we have to say yes and that is what is happening. They
followed the rules, everything is okay, so I am kind of forced
by legalities to say yes but I don't like it and I guess I
wanted to say it out loud.
Throg/ I would agree and I hope we can negotiate a better Fringe
Area Agreement so the situation will be improved.
Horow/ I think we are working on it. It would be nice. Any further
discussion? Roll call- (yes). Okay, with all of our
considerations, it is adopted.
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Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 6
ITENI NO. 6 -
Consider a resolution for final plat approval of Kennedy's Waterfront
Addition, Part Three, a 31.23 acre, 11-1ot commercial subdivision
located south of Highway 1 between Gilbert Street and the Iowa River.
(SUB95-0026)
Comment: At its September 7 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of the final plat for
Kennedy's Waterfront Addition, Part Three, subject to the following
occurring prior to Council consideration of the final plat: 1 ) the approval
of the construction drawings by Public Works, and 2) approval by the
City Attorney's Office of legal papers which address the conditions
placed on the approval of the preliminary plat, i.e. conditions that deal
with provision of sanitary sewer to the site and the dedication of right-
of-way for the future expansion of Southgate Avenue. This recommen-
dation is consistent with the staff recommendation in the September 7
staff report on this plat. It is anticipated that the construction drawings
will be approved by Public Works and the legal papers will be approved
by the City Attorney's Office prior to the September 26 Council meeting.
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTI[VIATE OF COST FOR CONSTRUCTION OF THE IOWA CITY SANITARY
LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION PROJECT.
Comment: This project will include construction of an additional cell on the
west half of the landfill as well as placing the final cover on the FY91 cell.
Both the new cell and the final cover on the old cell will be constructed in
accordance with all federal and state regulations. The Engineer's estimate for
this project is $1,800,000. Funding for this project will be provided by
landfill revenues.
Action: 'Y~c, t-~¢~- ~
ITEM NO. 7 -
?5- 2~5
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
IOWA SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION
PROJECT.
Comment: See comment above.
Action: '~/h~./.~..~ /./~~
#7 page
ITEM NO. 7 -
CONSIDER A RESOLUTION APPROVING PLANS,
SPECIFICATIONSv FORM OF CONTRACT AND ESTIMATE OF
COST FOR CONSTRUCTION OF THE IOWA SANITARY LANDFILL
FY91 COVER AND PY96 CELL CONSTRUCTION PROJECT.
Horow/ Moved by Nov, seconded by Lehman. Any discussion?
Throg/ I guess I would like to observe that the cost of this is
$1.8 million and that suggests the value of waste recycling.
That the more we can avoid having to build new cells, new
landfill cells, the more money we will be able to save over a
longer period to time.
Pigott/ Which brings me to a point. It is a good thing then that we
moved, I think, to unit based pricing on garbage rates and
that we are expanding our recycling program at the curb and we
will be doing so on a weekly basis and expanding the amount of
stuff that we pick up at that curb and I think that is worth
noting again and again. So that when the time comes that we do
move to that formula, people are aware of it.
Nov/ It is still a month away.
Pigott/ It is indeed, a month away. It is important to let people
know that it is going to happen and I think we-
Horow/ I think you also have to encourage people to be on the look
out for recycled products that are manufactured. I noticed
that Blueberry, Inc. in Des Moines went bankrupt. Now they are
restructuring their financing but you know, if people do not
purchased recycled material you can't really move plastic. So
I think we need to keep that in mind. Any further discussion?
Roll call- (yes).
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F092695
Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 7
ITEM NO. 8 -
ITEM NO. 9 -
ITEM NO, 10 -
PUBLIC HEARING ON AN ORDINANCE AMENDING THE CITY CODE TITLE
2, HUMAN RIGHTS ORDINANCE, CHAPTER 2, SECTION 2-2-2. and 2-1-1
(J).
Comment: On August 28, 1995, the Iowa City Human Rights Commission
voted unanimously to recommend to Council that it adopt these amend-
ments. The first amendment provides the Human Rights Commission with
the authority to issue subpoenas and order discovery in cases involving
allegations of discriminatory practices. The subpoena power was previously
granted to the Commission, but in recodification of the Ordinance, it was
omitted. The second amendment adds language to the definition of sexual
orientation. ~-~-_~~
Action= ~x,~/7~ (~,~/~?' ~~l)/~C(~
PUBLIC HEARING ON THE CONVEYANCE OF A TWENTY-~~OT W'~,
VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF
GILBERT COURT, IMMEDIATELY SOUTH OF THE IOWA INTERSTATE
RAILWAY AND IIVIMEDIATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S
ADDITION, TO BERNARD AND JOANNA MILDER.
Comment: The City Council has considered and passed an ordinance vacating
a twenty-foot wide alley right-of-way located east of Gilbert Court,
immediately south of the Iowa Interstate Railway and immediately north of
Lot 4 of Block 3, Lyon's Addition. Bernard and Joanna Milder own the
property adjacent to the vacated right-of way. They have offered to
purchase the vacated right-of-way for 55¢ a square foo( for a sum total of
$572.00, the higher range of value per the City Assessor's records. The
City will retain all necessary easements over the property.
Action:
CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE OF A TWENTY-
FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED
EAST OF GILBERT COURT, IMMEDIATELY SOUTH OF THE IOWA INTER-
STATE RAILWAY AND IMMEDIATELY NORTH OF LOT 4 OF BLOCK 3,
LYON'S ADDITION, TO BERNARD AND JOANNA MILDER.
Comment: See item and comment above. After the public hearing and due
Council consideration, this resolution authorizes conveyance of the vacated
property to Bernard and Joanna Milder.
#8 page 1
ITEM NO. 8 -
PUBLIC HEARING ON AN ORDINANCE AMENDING THE CITY
CODE TITLE 2, HUMAN RIGHTS ORDINANCE, CHAPTER 2t
SECTION 2-2-2. and 2-1-1 (J).
Horow/ Declare the p.h. open. I would ask you to sign in, state
your name and keep your comments to no more than five minutes.
Alison Ames Galsted/ Chair, Human Rights Commission. I would like
to briefly address the amendments to the Human Rights
ordinance that the commission has proposed. The first
amendment provides the Human Rights Commission with the
authority to issue subpoenas and order discovery in cases
involving discriminatory practices. The subpoena power was
previously held by the commission, however when the ordinance
was recodified, this power was only retained in housing
discrimination cases and inadvertently omitted in other areas
of the ordinance. This amendment will simply restore that
power. The second amendment adds language to the definition of
sexual orientation, broadening this definition to prohibit
discrimination based on actual or perceived gender identity.
In studying this issue which involved looking at some case
laws specifically Summers versus the Iowa Civil Rights
Commission, that's the Schultz case if you've heard us refer
to that, the Schultz decision, excuse me. The commission
identified the need.to broaden the protective categories of
individuals as defined in our ordinance to prohibit
discrimination based on actual or perceived gender identity.
A subcommittee of the commission reviewed municipal
ordinances, San Francisco, Minneapolis, Ann Arbor, and
Seattle, and determined two possible viable methods of
accomplishing this. I should add here that there was not
consistency between the ordinances that we looked at, nor was
there sort of a unanimity of opinion of where one should
include this in the ordinance. So the two viable methods that
we considered: one, we considered defining and adding the
additional protected category of gender identity or trans-
gender. We discussed several different, a different
terminology. Two, we considered expanding the definition of
sexual orientation as broadly defined in our ordinance
encompassing same sex and opposite sex relationships to
include gender identity regardless of relationship status. The
subcommittee concluded that either method would provide
protection for individuals who may be discriminated against on
the basis of gender identity and that enforcement of this
provision would be carried out in the same manner in either
case. Our recommendation to council, which is the second of
those options expanding the definition of sexual orientation,
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F092695
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is largely based on the model of the Minneapolis ordinance.
The commission voted unanimously to recommend these amendments
to the ordinance to council. Thank you. The commission, like
the council, looks forward to hearing further public comment
on the proposed amendments.
Horow/ Thank you. Anyone else care to address council on this
issue?
Brett Beemyn/ I teach classes and do research involving lesbians,
gays, bisexuals, and transgendered people. I'm here today to
urge you to protect the rights of transgendered people which
includes transsexuals, cross dressers, drag queens, and
impersonators, by adding the words gender identity to the main
body of the Human Rights Code, affording them the same
standings as areas of race, age, sex, sexual orientation, etc.
While some may see protecting transgenders as radical and
cutting edge, it really is neither. Minneapolis has had
protection for more than 20 years and Seattle for almost a
decade. Minnesota passed a state wide law in 1993 and Canada
has protected transsexuals since last year. Outside of these
places, transgendered people have no guaranteed legal rights.
I don't think there's any question that people who are
transgendered or perceived to be transgendered face
discrimination. The materials that I sent all of you outlines
this quite clearly. The effects of not having transgender
protection are equally as obvious. Last month for example,
Tyrone Tyra Hunter, a transgendered person in Washington DC
was seriously injured in a car accident. Fire Department
rescue workers on the scene began providing first aide until
they discovered that Hunter was a biological male wearing
quote unquote women's clothes. They then made a number of
hostile comments and stopped providing vital trauma care for
several minutes even though onlookers begged them to. Hunter
subsequently died. One wonders if she would still be alive
today if DC had protection for transgendered people and
sensitivity training for city employees. As it currently
stands, Iowa City Human Rights Ordinance protects people in
the areas of sex and sexual orientation, but neither of these
categories necessarily apply to transgendered people either in
law or in fact. For example, the federal court of Washington
DC ruled last year the Capitol's civil rights code, which like
ours protects people because of sex and sexual orientation,
did not protect a male to female transsexual who was fired
from her job because of her appearance. Which brings me to my
next point. Sexual orientation is very different from gender
identity. Sexual orientation involves a person's sexual
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F092695
#8 page 3
interest, while gender identity involves the gender that
someone feels themself to be. Transgendered people come in all
sexual orientations. In fact studies show that a majority of
cross dressers are in fact heterosexual men. So transgender
protection should not be part of a new sexual orientation
clause, but needs to stand as its own form of protection.
Listing it under sexual orientation contributes to the public
perception that all people who cross dress are gay. Plus the
language of the amendment uses the words transsexual and
transvestite, leaving out other people who identify as being
transgendered. Now it was said that Iowa City poll was based
on the one from Minnesota which is based on the one from
Minneapolis, which is 20 years old, so I think there has
probably been progress since they passed that code in
Minneapolis and subsequently Minnesota. So I hope we can use
a more current standard that does recognize more than simply
sexual orientation is what transgendered is about. So thus
again, I would urge you very much to protect transgendered
people first off, but to do so in a way that affords them the
same status as other categories in the Human Rights Ordinance
and use a different language that includes all transgendered
people.
Horow/ Thank you.
Kubby/ Brett, I have two questions. One, you kind of had a list of
categories under gender identity. I don't think I got them
all. You said transsexual, cross dresser, impersonator.
Beemyn/ And drag queens. I think any ordinance that gets passed or
any language that gets passed needs to really define the full
range of people who are transgendered and not simply leave it
at transsexual and transvestite, because the term transvestite
often's looked at derisively by people, so it's not really a
good word to be using in the first place.
Nov/ So are you asking that we remove that word or just include all
the others in addition?
Beemyn/ I'm asking that the words gender identity or transgender
identity be in the main body as long as you have race and age
and gender.
Nov/ I understood that part but you said that the word transvestite
was a bad word, inappropriate word, let's put it that way.
Beemyn/ Um-huh.
%h~srepr~sents~n~y~re~s~n~b~y8c~ur8t~trans~r~pti~n~fth~a~tyc~un~i~meeting~fSeptember26~1995~
F092695
#8 page 4
Nov/ Are you saying that we should remove that word?
Beemyn/ Yes, and use a word like cross dresser, for example, which
is a more all encompassing term any way.
Kubby/ My other question was, our current definition of sexual
orientation includes all orientations.
Beemyn/ Right.
Kubby/ Does that make a difference in how you feel about expanding
the definition because we're not saying that sexual
orientation is just bisexual or homosexual but it also
includes heterosexual.
Beemyn/ Um-huh.
Kubby/ And then expanding that definition.
Beemyn/ I recognize that fact.
Kubby/ You still would rather see it separated out.
Beemyn/ Yeah, because it really doesn't involve- it's like if you
added to the age, let's just take that example, if you added
a section on the age. Then age includes people in any stage of
their life and people are transsexual or transvestite. It's
the same sort of thing in a certain sense. It doesn't belong
there either, I'm trying to say.
Horow/ Thank you for the material.
Baker/ Hold on. Some more questions.
Lehman/
of
in
Beemyn/
Lehman/
Beemyn/
Yeah, I have a question. I'm not totally familiar with all
this, but let me ask you, is this apply to discrimination
employment?
Of what?
Discrimination in employment?
What would? I'm sorry.
Lehman/ Would this change in this ordinance? In other words, if you
have a cross dresser who applies for a job where you have to
meet the public and the employer says no, I'm sorry, I can't
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F092695
#8 page 5
do this because a lot of folks in public might be offended by
this. And that would be a violation of the ordinance. Is that
correct?
Beemyn/ Whatever the ordinance says and right now in terms of what
the different categories for protections granted for different
categories of people would be the same thing.
Kubby/ So it's housing, employment, and public accommodation.
Beemyn/ So credit's not included in that? It's just those three.
Okay. It be the same.
Kubby/ And credit is the fourth.
Beemyn/ So it'd be the same categories.
Horow/ Okay. Anything else? Mr. Lehman? Do you have anything else?
Okay. Jim?
Throg/ I guess I was just wondering whether you had an opportunity
to make these suggestions to the Human Rights Commission?
Beemyn/ I did.
Throg/ So as part of their process of deliberation somehow, right?
Beemyn/ Um-huh.
Throg/ Okay. I wasn't clear about that and I just wanted to know.
Horow/ Bruno?
Pigott/ I guess I'd like to hear from the commission members as to
why they decided against including it as a separate section.
Horow/ Okay. Alison, do you wish to?
Pigott/ Maybe Alison could speak, I think, afterwards because I
think Larry has a question for you, plus other people would
want to.
Baker/ I'm trying to get a distinction between the various concept
of cross dressing. Is that, and I'll be dumber than I actually
am sometimes here, is that considered behavior associated with
other categories or is that a separate category in you mind
that deserves specific?
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F092695
#8 page 6
Beemyn/ Cross dressing?
Baker/ Cross dressing. Yeah.
Beemyn/ It's a word that is used to apply to people who are either
mostly for comfort to wear clothing as considered appropriate
for the other gender.
Baker/ As I recognize it in most of these other categories that are
already listed here, how cross dressing could be part of that
orientation or that behavior. And perfectly understandable.
Beemyn/ It's a way to make it more broad and all encompassing.
Baker/ The question that was asked me which I didn't have the
answer for which I'm asking you is, is cross dressing itself
a category that would include for example heterosexual men or
women who just dress as the opposite sex, and therefore that's
part of their sexual orientation.
Beemyn/ Well it's part of their sexual, it's part of their gender
identity. It's not really a sexual orientation thing. Cross
dressers is a better way of saying it I think because it does
include people who for whatever reason decide to dress in
clothing that's considered appropriate for the other dress. In
a way because transvestite is defined often means people who
wear clothing of the other sex for, how would I say this, for
erotic pleasure.
Baker/ Sure, sure.
Beemyn/ That does not include all people who cross dress.
Baker/ Oh, absolutely.
Beemyn/ I hesitate to use that language because I can foresee a
future where somebody who is not transsexual or does not
define himself as transvestite faces discrimination doesn't
have protection because they're not officially included in the
ordinance wording.
Baker/ Which was one of the- Again cross dressing as a form of
behavior or expression for the other categories makes perfect.
Beemyn/ Sure. I understand what you're saying.
Baker/ But the hot political situation that was raised to me this
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F092695
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afternoon which I did not have an answer for was
CHANGE TAPE TO REEL 95-114 SIDE 2
Baker/ Walks in one day dressed as the opposite sex. Under this
proposal the employer cannot say to them, that's
inappropriate. That's an inappropriate appearance for your
work and there's no recourse for the employer except to accept
their behavior. That is what you're leading.
Beemyn/ Um-huh. Well, I would say that that's somebody who feels
that that is their identity. I think needs to be respected. If
they feel that's their identity, if they feel comfortable
wearing clothing of what's considered appropriate for the
other sex, they're going to encounter a great deal of
hostility. Not just from employers, but on the street and
other people, so if they do so, it's doing it for a reason.
I'm sure most people think.
Baker/ Cross dressers or cross dressing-
Beemyn/ It's not something most people do.
Baker/ When they go to work.
Beemyn/ One day they decide, well I'll just do this for fun. It's
really when people feel they need to do.
Baker/ Okay. Thank you.
Horow/ Thank you very much. Anyone else care to address council on
this?
Josh
Kronick/ Let's see. What are my qualifications? I'm one of the
executive board of the Gay, Lesbian, and Bisexual People's
Union of the University, if that counts for anything.
basically completely agree with what Brett has already said.
I would just like to add a couple of finer points. To address
tha question of if there is such a thing as a cross dresser
who is not also a transvestite, drag queen, etc, yes. The very
simple answer is yes. The behavior definitely exists as a
single behavior without anything added to it. I think,
personally, if I had my drothers, I would see the wording
phased such that a person's current preferred or perceived
sexual identity or current perceived or preferred gender
identity all be included. I think that if we only include
perceived or actual gender identity or sexual identity this
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F092695
#8 page 8
isn't necessarily covering all of our bases because there are
certainly a degree of personal preference in this. There are
certainly a lot of people are unable to be perceived as their
preferred gender and are none the less discriminated against
if that makes any sense. And if we are going to use specific
terms, Brett has already mentioned cross dresser, transsexual
drag queen impersonators. We would also need to add drag king
as the kind of converse for drag queen as well as probably the
term transgenderist or full time cross dresser which is
someone who basically cross dresses all of the time, 24 hours
a day, frequently does everything leading up to but not
including the so called sexual reassignment surgery. So, I am
not sure how specific the wording is going to be. I haven't,
to be honest, looked at the wording. If we were going to try
to be as inclusive as possible by being as specific as
possible I would personally prefer to see either the wording
full time cross dresser or transgenderist included if that is
agreeable to everybody.
Horow/ Any questions? Thank you very much. Anyone else care to
address council?
Dawn
Atkins/ I am a resident of Hudson Avenue in Iowa City. I
wanted to add something to this and that I was on the
committee that wrote a similar law in Santa Cruz, California
about four years ago. We went through a lot of these sort of
debates and there were several reasons we chose to have gender
separate from sexual orientation and separate from sex. We had
sex, gender, and sexual orientation in our ordinance. One is
that most people in this community will never read the
complete ordinance that we are talking about. What they will
see or what they are prohibited to do is the list that you
give, sex, gender or whatever. If gender identity is subsumed
under sexual orientation most of them will never know that.
Most of them will-some people will violate the law not knowing
that it is illegal. And so it is very important that it be
clear in whatever the public sees as what their
responsibilities are in this community. Another thing is that,
you know, we are talking often in terms of cross dressing as
if there were only male and female and most people aren't
aware that there really is even a continuum biologically. Many
people who are intersexual, who are born or have genetic
reasons where they are both genders and those people could
also be protected by category gender. They aren't always seen
so in sex. So it was-we went through a lot of this. If anyone
is interested I can also provide a copy of that ordinance and
it explains some of that.
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F092695
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Kubby/ In Santa Cruz was the term gender in the list or the term
gender identity?
Atkins/ I think either one would work. The way it is was defined
was gender. So we had in our list sex, gender, and then under
the definition of gender it included transgender in any form.
And the thing about ours is it also included, for instance,
discrimination perceived on gender and not sex so that- An
example of this would be a man who is discriminated against
because he was effeminate would be protected under our law
because he was being not just dressing but acting in what the
employer felt was a gender inappropriate but that was his
normal mannerism. So that even though the particular one we
were dealing with was heterosexual, he was being harassed
essentially in employment because he didn't fit the gender
stereotype that they wanted to go along with a straight man.
And so he would have been protected under our category even
though his identity is male.
Kubby/ I would like to see a copy of the Santa Cruz ordinance.
Atkins/ Okay, I will find it and-
Kubby/ Send one copy to Heather and she will see that everybody who
needs it will read it.
Atkins/ Okay. Thank you very much.
Horow/ Anyone else care to address council?
Cindy Burke/ I live on S. Dodge Street and I was here about three
months ago and due to something that occurred to me and the
fact that it wasn't allowed to be resolved in front of the HR
Commission, I ask you to consider doing this. I guess the
biggest thing that I was concerned with was whether if this
incident came up again, would this change allow Heather to go
ahead and go through the process to where the HR Commission
would be able to consider this as a case and since I haven't
heard anything to the contrary from her I would imagine that
that has been done. I have heard some words tonight, since
they apply to me and the life I live I would like to make a
few comments on. As far as sexual orientation goes as opposed
to gender, in my life, my sexual orientation is something that
is private. It is not apparent outwardly. You know, you people
have no idea what my sexual orientation is from me standing up
here. My gender identity is very apparent and the minute I
open up my mouth and start talking, that fact that there is
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F092695
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incongruity between my perceived gender and my actual
biological-what gender I was born with- is different and that
is where I run into trouble because people have their
preconceived notions about what I am based on what I appear
as. It has got absolutely nothing to do with my sexuality.
Basically this is how I feel comfortable. This is what I have
to do to managed with myself. And I didn't ask anybody
permission when I decided to (can't hear) except God. What is
going on with that is between me and God. What I would like is
I would like to be just accepted by the people of Iowa City as
a citizen of Iowa City with something to offer what makes this
city great. And I guess that has been my concern all along
that somewhere down the line somebody was able to do something
I didn't really feel comfortable with and it was personal and
it hurt and I don't want that to happen. I think that
everybody has got their thing that they are looking out for
and you know, I would like to think that everybody would be
covered eventually. I also would like to think that the
perception of the people around here would be that Iowa City
is serious about discrimination and so, you know, don't even
bother. We found out that I was not covered under the Human
Rights ordinance because I was discriminated against and I
brought it to Heather. If, for some reason, whatever you adopt
doesn't cover someone else, there is no doubt in my mind that
that would just be a matter of identifying what the problem
was and fixing it again. And I think that is the perception
this all gives off now. The only thing I really am
uncomfortable with is as I said the actual wording of sexual
identity because I am not who I sleep with. I am Cindy Burke.
I am a college student and I live in Iowa City and that is
what I am. Thank you.
Kubby/ So Cindy, it has been suggested that we step back and
separate out the issues of sexual orientation and gender
identity to add to our list in a different way, to add our
protection in a different way. If we could do that in a short
period of time, then I don't really know what that means, but
I'm not talking six months. I'm thinking more like a month.
How would you feel about that? I mean, a slightly longer
period of time where someone like yourself would not be
protected in order to separate out these issues.
Burke/ I think what that one woman said about the fact that if
people were actually through here and saw a gender identity as
a section unto itself, then they would know exactly what it
was all about. Like I said, gender identity, sexual identity
and I'm really not the gender that I was born with. A doctor
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F092695
#8 page
determined 42 years ago that (can't hear). I heartily disagree
with him. He's dead now, so it's not that I can say that. But
just the fact that he looked at me and the way I looked when
I came out of my mother, it was based, you know, that's been
with me the last 42 years. It's been a real bear.
Kubby/ Would you think it's worth
separate these two issues out so
separateness of the two issues?
a short wait in order to
that the list reflected that
Burke/ I don't see any problem with waiting. If people do pass
this, how many new developments (can't hear) the first time
it's come up, that I'm aware of? I don't see any problem. If
you want to make it right, and that's what the whole concern
is here, to make it right. If you want to make it right, then
take whatever time it takes.
Kubby/ Okay. Thank you.
Horow/ Thank you. Anyone else care to address council on this
issue?
Lyone Fein/ Burlington Street. I just want to say a couple of words
about cross dressing because I noticed some discomfort amongst
the members of the council when that was being discussed. I
just want to point out that at this moment, I am cross
dressing. I'm wearing a pair of boys' jeans. I also see that
there's a number of female members of of the council who at
the moment are cross dressing. They're wearing these kinds of
blazers that are really designed for men to wear or an
adaptation of male clothing. The reason I'm saying this is
because this issue that made some people squirm really comes
down to an issue of fashion. And fashion changes. Louis IV
wore clothing which we would see these days as more
appropriate for women, or maybe not appropriate for anybody
but a five year old getting dressed up on Easter Sunday. I
don't know. So I just wanted to bring up that point for those
members of the council who seem to express discomfort over the
issue. In 50 years the fashions will change and what
constitutes cross dressing will probably change also. So-
Horow/ Anyone else?
Baker/ Lyone, I want to make sure you understand my questions were
not out of discomfort. My questions were out o~ a eIfort to
clarify for people who are listening to this debate. I just
wanted to make sure you didn't misunderstand.
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Horow/ Anyone else care to address council?
Richard Shannon/ I live at 430 E. Bloomington Street. What-I just
want to start by thinking that this is an incredibly important
issue and I applaud the city council and the HR Commission for
addressing this and the context that I want to talk to you in
is as a gay man based on my sexual orientation. I think that
it is important that sexual orientation not be redefined to
include transgender and the primary reason I think that is
because as a gay man living in Iowa City I felt for a number
of years a great deal of respect from the local community. It
is probably nation wide one of the best places to live if you
are a gay man or lesbian or bi-sexual. I never had any
hesitation to get up in public or in any context and self
identify as gay and there is part of me that feels that
somehow by redefining sexual orientation and broadening sexual
orientation I am somehow I don't feel that same way now about
Iowa City or I would not feel the same way. I feel that it is
showing a lack of understanding on the part of Iowa City to
just attempt to solve a very difficult problem by putting it
in under the title of sexual orientation and I think it is
important that we continue as a community to respect sexual
orientation and to respect gender issues but that we give them
the respect that they deserve and list them separately in the
HR Ordinance. Thank you.
Horow/ Anyone else care to address council? Alison, would you care
to take this on?
Alison Ames Galsted/ Further questions for me or?
Horow/ I guess our question is will you like-Is the HR Commission
ready at this point to address the issues that have been
raised this evening?
Galsted/ We are in recess right now and prepared to go back (can't
hear).
Horow/ Oh.
Pigott/ Another question was was there a specific reason that you
said no to including a separate section on transgender issues
or was it just because it was equally covered? I mean I didn't
understand the reasoning behind the choice.
Galsted/ Like I said in my other comments. We looked at basically
two viable options that include this in the ordinance. We
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found no unanimity of opinion in the ordinances that we
consulted regarding the terminology of transvestite versus
cross dresser. We were working on the document that came out
of San Francisco in September of '94. They did a study on
discrimination of transgendered individuals in that community
and they basically just said transvestites you know, use the
same thing as a cross dresser in the glossary that we were
using. They use the term transgender to cover a wide variety
of things. So we did consider using transgender as as
additional protected category but felt that was a little bit
nebulas in its definition and as we looked through the other
ordinances it just seemed that it was-that gender identity we
were going to cover individuals by including it under sexual
orientation had been done in the Minnesota ordinance and felt
that-We didn't see a difference in the way it would be
enforced or in the individuals that would be covered. That
that worked i~ our ordinance to leave it or to expand that
definition.
Baker/ Is it your impression that the Commission is comfortable
with this language that is in front of us? That indeed they
are quite willing and plan to look at clarification on some of
these issues later? But as far as protection which is what the
new ordinance is suppose to do, this is a viable and a way we
ought to go now?
Galsted/ We feel that this is a viable option. We are prepared to
go back and reconsider. We also felt that adding another
category was a viable option as well. We chose to word it in
this manner.
Baker/ But passing this tonight doesn't preclude you from refining
it or expanding it later?
Council/ (All talking).
Galsted/ Right. But passing it in this form certainly-
Pigott/ To rephrase the question in another way. There was no
objection to having a separate category either?
Galsted/ Correct.
Kubby/ And it is interesting because what we are hearing from
people who have taken the time to contact us and come down
here and heard from the person who this original issue came
before us has said they prefer us to do it the other way, have
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F092695
#8 page 14
a separate category and I think that is a powerful cue from
the community that it is both are viable. That we have heard
from people- We should step back and discuss it.
Nov/ Why (can't hear) if they are both equally protected and if one
version is more comfortable for the people being protected, we
ought to consider it.
Horow/ Thank you for your work. Anyone else care to address this?
Okay. Declare the p.h. closed.
Kubby/ I guess I have a couple more comments before the Commission
takes off and continues their work and that is this point made
about when people look at the list that is what they see as
the HR Ordinance, not all the definition. So that when they
see individual categories they know what is protected in Iowa
City and those for categories and I think that is really
powerful argument. I hadn't really thought about it in those
terms. What it does is it makes our HR Ordinance more
accessible and more clear to the community and that is one of
the goals of the HR Commission. I know that you are doing a
lot of different kind of educational things and the more
accessible we can make our ordinance I think the better. It
would be interesting to talk about it from that point of view
as well. And I guess I would encourage people who are here for
this p.h. to continue the discussion at the HR Commission
meeting which will happen across the hall. Is that where you
are going back to? To not just take off from us but meeting
hope and continue the discussion.
Pigott/ Thanks for taking the time.
Horow/ Thank you, Karen.
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ITEM NO. 10 -
CONSIDER A RESOLUTION AUTHORIZIN~ CO~EYANCE OF A
TWENTY-FOOT WIDE, VACATED PORTION OF ALLEY RIGHT OF
WAY LOCATED EAST OF GILBERT COURTt I~4EDIATELY
SOUTH OF THE IOWA INTERSTATE RAILWAY i%ND IMMEDI-
ATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION,
TO BERNARD AND JOANNA MILDER.
Horow/ Moved by Lehman, seconded by Nov. Any discussion?
Throg/ I think we ought to hold out for $.57.
Pigott/ We did raise. We did hold out from what, $.35 per square
foot?
Horow/ Is the higher range of a value (can't hear). Thank you very
much, gentlemen. Any further discussion?
Throg/ Go ahead and make fun of us, Sue.
Horow/ Roll call- Resolution adopted, 6-0, Baker somewhere on the
premises.
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Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 8
ITEM NO. 11 - ANNOUNCEMENT OF VACANCIES.
a. Previously announced vacancies.
(1)
Riverfront and Natural Areas Commission - Two vacancies for
three-year terms ending December 1, 1998. (Terms of Jessica
Neary and Richard Hoppin end.) (4 females and 5 males currently
serving on the Commission.) These appointments will be made
at the October 10, 1995, meeting of the City Council.
(2)
Senior Center Commission - Two vacancies for three-year terms
ending December 31, 1998. (Terms of Harold Engen and Patrick
Peters end.) (5 females and 2 males currently serving on
Commission.) These appointmerfts will be made at the October
24, 1995, meeting of the City Council.
b. Current vacancies.
(1)
Board of Appeals - One vacancy for a licensed electrician for a
five-year term ending December 31, 2000. (Wayne Maas' term
ends.) (2 females and four males currently serving on Board,)
(2)
Design Review Committee - Two vacancies for unexpired terms
ending July 1, 1997. (Larry Quigley has moved to Coralville - see
memo. Gilda Six resigned.) (4 females and 3 males currently
serving on Committee.)
(3)
Human Rights Commission - Three vacancies for three-year terms
ending January 1, 1999, (Terms of Patricia Harvey, Dorothy
Paul and Ann Shires end. (4 females and 2 males currently
serving on Commission.)
(4)
(5)
Parks and Recreation Commission - Two vacancies for four-year
terms ending January 1,2000. (Terms of John Pelton and John
Beasley end.) (4 females and 3 males currently serving on
Commission.)
Planning and Zoning Commission - One vacancy for an unexpired
term ending May 1, 1996, plus a five-year term ending May 1,
2000, (Sally Dierks resigned.) (3 females and 3 males currently
serving on the Commission.)
These appointments will be made at the November 7, 1995, meeting of
the City Council.
#11 page 1
ITEM 50. 11 - ANNOUNCEMENT OF VACANCIES.
Horow/ We urge you all to consider these
and get involved.
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F092695
Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 9
ITEM NO. 12 -
ITEM NO. 13-
CITY COUNCIL APPOINTMENTS.
(1) Consider an appointment to the Historic Preservation Commission to fill
one vacancy for a Summit Street representative for an unexpired term
ending March 29, 1998. (John Shaw resigned.) (4 females and 2 males
presently serving on the Commission.) ,
CITY COUNCIL INFORMATION.
ITEM NO. 14 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
#13 page 1
ITEM NO. 13 - CITY COUNCIL INFORMATION.
Horow/ City Council Information.
Lehman/ I wasn't going to have anything but there is something I
would like to bring up. Two weeks ago tonight we heard a local
landowner and his attorney tell us how capricious and unfair
our staff was. Tonight we heard those same folks come back and
say hey, it looks like we are going to work these things out.
We heard during public discussion from Dick Hupfield and the
Apartment Owners Association regarding a committee that I
think council authorized back in June. I really would like to
encourage that committee, the Apartment Owners Association,
the Tenants Association or whatever to sit down and visit with
each other because I really can't believe that we have all
that many problems and I would really like those folks to get
together and come up with some resolution they can all live
with.
Kubby/ You know I would have thought that what we approve would
deal with some of those issues and maybe in a different way or
from a different perspective that Dick provided to us that
they would begin those discussions. Is that not correct?
Atkins/ Let me tell you what I understood and I know that Doug
Boothroy mentioned to me in passing that he had several
conversations with Dick and a couple of others. We understood
the task force to be one on a quality of service, a
communication process. How can we be more helpful in the
inspection and I am hearing from Dick I think he feels that in
some instances we are enforcing it too viciously. Now, I think
those are very different. I have never heard you say to us
don't enforce the Code. I have heard you say that if there is
something we can do to work with these property owners to make
sure we communicate better and the quality of the service, all
of those factors. We thought that was the purpose of the task
force. If Dick and any others are proposing any kind of
amendments to the Code I don't think the task force is an
appropriate mechanism. That is what you have your Housing
Commission for. If you have some ideas about changing the Code
then I would suggest Dick and anyone who would like, send
those directly to the Commission. That is what you have them
for. They would send their recommendations back to you. So I
am a little confused just exactly what the expectation level
was. Ours was a service quality task force and that if anyone
proposed well don't enforce the Code in this fashion. That is
unacceptable. I just don't see how we can do that.
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Kubby/ I think the discussion would begin accumulating a list of
some of those things people thought needed to be stronger or
weaker that would help in cost cutting or in increasing health
and safety. Not that we would end up with an amendment-that we
would begin the-
Arkins/ I would suggest that you allow the task force to proceed
and then I just sent out information on the Plaza Task Force
and one of the items I put and I guess it is not a whole lot
different than this. When we wrapped up our recommendations
concerning the maintenance and improvements for the plaza, I
am going to encourage them let's make a list of the other
things that are on your mind about the plaza. Other ideas. I
mean it doesn't have to be anything specific. I am not going
to ask them to set-well, maybe some priorities. I think we can
get that out of this task force.
Pigott/ I think it would be good to have-Maybe Dick has some
things. I haven't heard the specific items but general terms.
There were specific things that he could come up with a list
of things and you could and someone could check up and say
Code enforcement, code, code, code, code, in other area. Then
it might give us a place to start in terms of what he-where-
Horow/ That is why I asked the question about is this something
that is going to evolve. I mean this is a potential-
Atkins/ I think, as you know, any of these citizen task forces,
they often have the propensity to take off on their own. But
I just wanted you to understand that our understanding was
this was a quality of service, communication, how can we be
more helpful, we are working with these people. Not I want to
change the Code instead of having a widget in that corner it
has to go somewhere else. That is not what I understood you
wanted because I think that is far more complex and you have
an appointed Commission.
Kubby/ But it also changes when we are talking about affordable
housing and what kind of barriers that we create on our end as
a city government that some of those ideas can be brought up
at that time as well. Although I must say that I disagree with
Dick that the Code should be the same to a private homeowner
as it is for someone who is in the business of housing who is
making-as a commercial enterprise. And that we have all sorts
of different laws for residential when you own a property than
when you are doing business in a commercial sense. So, when
you are making money from that I think then there is a reason
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F092695
#13 page 3
to have different-
Atkins/ I think the complaint process has not proved to be a
disservice and if you want us to really get into aggressive
s.f. owner occupied enforcement, you are going to have loads
of extra staff and I don't think that is what you are telling
me to do.
Lehman/ The way I understood this is this was precipitated by an
April meeting when Dick Hupfeld came to us-
Atkins/ Dick appeared in the spring.
Lehman/ And his appearance was not anything to do with quality of
service.
Atkins/ No, that is not what I understood.
Kubby/ There were some things- We are starting to enforce Fire Code
things much more vigorously. And part of the customer service,
part of that, is giving people a fair notice that when you
have your inspection and sent this letter saying in six weeks
you are going to have this appointment, if this day doesn't
work for you call us and by the way what we are really
emphasizing in this inspection are these things under the Fire
Code which have always been there but this is what we are
focusing on this year. Make sure these things are done. That
is part of the public service part.
Atkins/ You need to understand something internally that I did. I
have encouraged the staff, I don't think there is probably
more irritating to someone who is going to be subject to an
inspection, here comes this inspector and that inspector and
that inspector- Then we are criticized for running an
inefficient operation. And I am encouraging wherever practical
if you can do multiple inspections, perform multiple levels of
service through a one step process, I think we should. I am
not so sure that others are agreeing with that now because it
has caused a vigorous enforcement of certain elements.
Kubby/ That is why someone who knows plumbing and electricity in
buildings.
Lehman/ I think we are on the right track.
Pigott/ I have one concern about make up of the Commission. I don't
know if one of the members of the Commission is a renter.
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F092695
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Atkins/ I thought we had a tenant.
Council/ (All talking).
Pigott/ Are they a renter? Is there anyone on here that rents a
place to love?
Baker/ I think the assumption is their primary responsibility
(can't hoar).
Kubby/ We have a landlord's association. They represent both the
interests of-
Pigott/ Do we also have an individual apartment owner? We don't and
we have the apartment owners association. So we should- I
mean- I don't care who it is.
Baker/ I thought we were getting someone from the University
association who handle renters rights.
Kubby/ The Tenant Landlord Association helps landlords and tenants.
It may be that tenants in bigger numbers tend to need help
with the tenant landlord relationship through the Tenant
Landlord association but it is not a group only to help
tenants.
Baker/ Maybe I was going on the assumption that when I remember
this organization it was the PAT, the Protective Association
for Tenants and they-
Pigott/ I do think Larry you are right. The overwhelming they take
cases of tenants. I worked at a landlord tenant association
for a year and you are right. There is still the point that
there are two associations, the Apartment Owners Association,
there is a Landlord Tenant Association. There is an individual
apartment owner manager. There is not an individual renter and
I think that the person chosen for apartment owner manager is
terrific. I know him personally, great guy. I am just saying
that could we find someone that would be a renter. Hey, I am
a renter.
Horow/ You are on. The difficulty is trying to get-
Council/ (All talking).
Baker/ Convey that to the Landlord Tenant Association.
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F092695
#13 page 5
Pigott/ Maybe they could find someone.
Atkins/ I will check that for you.
Nov/ I would have not problem adding another person to this.
Atkins/ It is a small enough task force.
Nov/ However I do have a problem adding another task force and I
would like the Apartment Owners Association or the Dick
Hupfeld organization to be working with this task force. so
bring your concerns to this task force would be my answer.
Atkins/ But I think he has an expectation that this task force is
going to do something that it wasn't intended to do and I
think, Dick feels that we are going to be getting into the
enforcement policies and that is not what we understood.
During the process of this review there is no doubt that we
can identify issues for you. But I would caution you if you
are going to get into some real serious issues with respect to
enforcement policy, how we go about it, particularly anything
to do with the Code. I think your Housing Commission needs to
see that first of all before any task force.
Nov/ That is what I am saying. Don't set another task force.
Atkins/ I didn't sense there was a second task force.
Lehman/ I would suggest that we continue in the way we are going.
That we all have some concerns. See what happens. I think this
is a good group.
Horow/ Give it a try. Okay.
Atkins/ I think-I would strongly-just take a run at it..I mean the
most we can be is wrong. Get back.
Horow/ Ernie, do you have anything else? Karen-
Kubby/ You know, when we were talking about changes to the HR
Ordinance we closed the p.h. So if the HR Commission comes
back or we, as council, want to create this protection in a
different way, we basically need to get another recommendation
from Housing or the HR Commission, set another p.h.
Woito/ You could do that all in one night.
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F092695
#13 page 6
Horow/ Sure.
Nov/ (Can't hear) this would require another p.h. You are not
changing any substantive.
Woito/ It is not required for something that you have done
typically but you could have another one and have the
ordinance amended or a different ordinance on the agenda that
same night.
Kubby/ Do we need to give any direction to the HR Commision? I mean
we didn't say we wanted-
Baker/ That was something I was still trying to get cleared up
because I would prefer that we respond to the HR Commission's
recommendation taking into account the public input. But the
HR Commission doesn't want -prefers to keep this and amend and
refine it later. I prefer us to act on this ordinance that is
in front of us and certainly it think they said they are going
to go back and fine tune, look at, expand or whatever. I don't
want to see us saying we want you to go back and redo it. If
they want to pull it back, fine.
Horow/ Why don't we wait-
Kubby/ I wanted to remind people that it is Hospice Road Race time,
October 29. You will be having lots of your friends, co-
workers and family asking you to donate money by pledging for
the Hospice Road race and if anybody is interested in
supporting the Free Medical Clinic through the Hospice, any of
you can contact me (can't hear). This is really a wonderful
event. It is not only a running event and Bruno is going to be
council's star runner, 1/2 marathon. You had better be working
out. You had better be training.
Horow/ Who are you supporting?
Pigott/ I will be supporting the Emma Goldman Clinic.
Horow/ Emma Goldman Clinic, okay. I had to give him equal time,
Karen.
Kubby/ It is a fun event, it is a community event and it is a
national and international even all rolled into one. It is a
very exciting thing for Iowa City to have. Lastly I wanted to
remind people and you will not believe that I am announcing
this. That this Friday night at 7:00 PM there is a very
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exciting football game that is going to be played.
Horow/ You are right. I don't believe-
Kubby/ City High and West High. I hear games. Instead of just
listening to it at home, I am probably going to go and see it
with my own eyes.
Lehman/ They are sold out.
Council/ (All talking).
Kubby/ It is exciting to have the #1 and #2 teams in town.
Throg/ So Linda, I guess it would not be appropriate to talk about
side bets and who is going to win it?
Woito/ No.
Kubby/ It is a win win situation.
Woito/ One of us are going to support West High.
Horow/ Some of us had better keep neutral since I am in the
district. My daughter went to City High. Okay. Naomi.
Nov/
Fine. I have some comments on the trees in the middle of
Burlington Street. As we looked at this plan yesterday, we
said, gee this looks nice. And then I went home and I started
thinking, how many trees would there be room for? How would we
water them? How will we prune them? What kind of trees will be
able to be in the median and still survive with all the carbon
monoxide? So I'm asking you to refer this to the two Terrys.
Is it really feasible before the consultant spends anymore
time drawing trees in the middle of Burlington?
Throg/ Naomi, I understood that the consultant yesterday at the
advisory committee meeting to say that they would be exploring
the viability of different kinds of trees for that kind of
environment. They're very conscious of that as a potential
problem.
Nov/
I know, and Project Green came to me today and voiced the same
concerns that were bothering me after I went home last night
and they're picturing somebody with a bucket or a hose up
there at midnights because it's the only time you'd dare water
that tree.
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F092695
#13 page 8
Pigott/ There are places that do carry it off. It's worth thinking
about. You're right.
Nov/ I think we have to consider and I think we need some staff
input.
Atkins/ I suspect they'd build a water line. I'm sure they'd have
water lines inside the street so they'd tap in and run
something in there.
Kubby/ But I just fee3 like we're not at the point in the
discussion. That really what we need to do is decide if we
like the concept, and if we like the concept then we need to
figure out a way to make it happen and if we can't because of
logistics, what the species of tree, maintenance issues, then
we can't do our concept. But first decide that we like the
concept, make it happen if you can.
Nov/
Well, if you can is another thing to think about. I drove on
Burlington today and there were four cars waiting to make a
left turn at one end of the block. Four cars making the turn,
the other end of the block.
Kubby/ Like how long can the median be.
Nov/ How long can the median be? One tree worth. That's about it.
Atkins/ And representative Doderer took care of both of us at the
meeting this afternoon.
Nov/ She did. Yes.
Pigott/ Did she? A report on that please.
Atkins/ It was all in fun.
Nov/ It was all in fun but those lights on Burlington are terrible.
Pigott/ Did I bring that up already?
Council/ (All talking).
Pigott/ Thank you very much.
Baker/ I thought Balmer was bringing that up twenty years ago.
Nov/ That's right, maybe 25.
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F092695
#13 page 9
Pigott/ There it is.
Baker/ Maybe Thornberry.
Horow/ Let's pull ourselves back together.
Nov/ Let's pull ourselves back together. There will be a city
council candidates forum, listen up now, October 3, 7-9PM in
the atrium of the First National Bank, moderated by the
Johnson County League of Voters and broadcast on the
government channel, cable channel 4. Everybody show up.
Throg/ The date?
Nov/ October 3. 7-9PM Atrium at the First National Bank.
Horow/ Okay. Anything else?
Nov/ That's it.
Horow/ Great. Jim?
Throg/ I'd just like to mention that the city council will be
holding a lengthy discussion about the city's policies toward
affordable housing. And we will be doing that this Saturday
morning from 8-12, right here in this room. What I don't know
and somebody can help me here, is whether that meeting would
be open for people to attend and listen in on.
Atkins/ If it's a meeting of the council, it would be open. We'll
set it up.
Throg/ Whoever's interested, please come.
Nov/ Somebody's already asked me if this is a time for public input
and I said no. They just sit and listen.
Atkins/ We've got a facilitator to work with you all so they're
entitled to listen but it does not contain public discussion.
Horow/ Anything else?
Throg/ No,
Horow/ Mr.
Pigott/ Jim just
thanks.
Pigott.
brought up
the issue I was going to bring up.
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Thank you.
Horow/ Mr. Baker.
Baker/ Jim brought up the issue I was going to bring up too. But
it's all right. I want to point out that when Karen said
something about football, I assume she was talking about the
Regina football team. We're still working on that. I think in
a couple of years, we'll be ready to take on West High and
City High.
Horow/ All you're interested in is our uniforms, right?
Baker/ You're what?
Horow/ Our uniforms. You wanted the uniforms.
CHANGE TAPE TO REEL 95-115 SIDE
Baker/ wear shoulder pads in the school. So I just wanted to throw
in a plug for Regina as well as the other two schools. But I
also wanted to-You know, I was telling Steve before the
meeting I always dislike it when Cedar Rapids does something
that I think we ought to be doing. I turn on the news and
Cedar Rapids has got electric buses and I just want to get
some background.
Atkins/ I saw the news and it is an electric bus.
Baker/ Bus, I am sorry, you are absolutely right.
Nov/
One electric bus and the day I heard about it it was in the
garage and not running too well. So, it has its up and down
moments.
Atkins/ We will find out the specifics. I think they secured some
sort of a grant and it was an experiment and I don't really
know much more than that but I will find out for you.
Kubby/ But they have a really great lighting ordinance there that
we should-
Baker/ A lighting ordinance?
Kubby/ A lighting ordinance that we should have.
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Baker/ A lighting ordinance.
Pigott/ Street lights.
Kubby/ About how to reduce light pollution but still have secure
lights and advertising lights. Not so wastefully in making the
skies bright.
Horow/ Anything else?
Baker/ No, I just want to make sure that there was some reasonable
reason to be interested in that project or concept.
Atkins/ Reasonable reason to be interested.
Baker/ Okay.
Woito/ Redundant.
Horow/ All right, I would like to-
Nov/ May I interject one thing that I forget?
Horow/ Oh, sure.
Nov/ If someone wants to register and vote for the city council
primary election, the deadline is this Friday.
Horow/ Thank you very much.
Kubby/ That election is October 10.
Horow/ This Thursday at 9:30-9:45 in the morning at the Terrill
Mill Park there will be a sesquicentennial celebration. Jones
County is putting on the celebration of reenactment of the
stagecoach bringing mail to Iowa City. Seems that the area at
Terrill Mill Park, actually in front of the houses along the
cliff was the site of the mail drop back then and so that is
Terrill Mill Park, 9:30-9:45 this Thursday Morning.
Kubby/ You know, Sue, what I heard. That the horses and carriage
cannot go on the street. So in between cities they get put
onto a truck.
Horow/ That is right%
Kubby/ Then they are unloaded and then they do the reenactment and
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then they go to the next city.
Horow/ You ruined the whole thing. The romance of it, you just blew
it. Thank you, Karen. I know, I was crushed.
Lehman/ It is also a plastic wagon.
Horow/ I also have some good news and possibly bad news. This
afternoon I had a phone call from the Corps of Army Engineers.
There is a new director of Flood Control and Special Studies
and the Coralville Dam Study that is looking to define the
problem of reservoir and release is going to be 100% federally
funded which then leads into the next stage which is a
feasibility study and this was the one that they wanted us to
go halfers with them. The state has picked up the halfers part
and so this is really good news. Also this fellow is new to
the scene and his wife's cousin runs the rock and roll
station, 94.1. So he is interested in coming to Iowa City to
take a look at everything. So I asked him to come with Colonel
Cox and I would certainly take him around the city. But he is
also interested in getting together those of us who two years
ago went from Iowa to the Lincoln Land Institute in Cambridge
to talk about flood control up and down the major rivers in
the midwest. There are still, along the Iowa River, there are
three people who attended that. One is the Muscatine
Supervisor, Sandy-her name escapes me. Anyhow, there are at
least three people up and down the Iowa River who were at that
retreat and he would like to get together with us in terms of
talking about watershed management up and down the Iowa River
for flood control. He is also urging us to get in touch with
congressman Leach in terms of support for the modeling study
from the University. So, I think we have got movement on this
whole thing.
Kubby/ Where is the bad news?
Horow/ The bad news is that while the Senate has definitely pushed
this, the House has not really even considered it.
Kubby/ Is that why we should contact Leach?
Horow/ Yes. Okay, that is it.
Thlsrepresents only areasonably accuratetranscription ofthelowa City councllmeetlng of September 26,1995.
F092695
#14b page 1
ITEM NO. 14 - REPORT ON
ATTORNEY.
b. City Attorney.
ITEMS FROM THE CITY MANAGER AND CITY
Horow/ Ms. Woito-
woito/ A 1984 graduate of West High who happens to be my daughter,
Andrea Woito, is having-her art is being shown right now in
Iowa State Bank and she will be part of the Gallery Walk which
is a fund raiser for DVIP and the reception is Friday, October
6 from 5:00 to 7:00 PM. Come and say hello.
Thisrepresents only areasonably accuratetranscrlptlon ofthelowa City council meeting of September 26,1995.
F092695
Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 10
ITEM NO. 15 -
ITENI NO. 16 -
ITENI NO. 17 -
CONSIDER A RESOLUTION ACKNOWLEDGING THE CONVICTION OF
SINCLAIR RETAIL FOR SALES OF ALCOHOLIC BEVERAGES TO PERSONS
UNDER THE LEGAL DRINKING AGE, AND IMPOSING A $300.00 CIVIL
PENALTY TO BE PAID TO IOWA CITY.
Comment: On July 5, 1995, the manager of Sinclair Retail, North Dodge/ACT
Circle, pied guilty to selling beer to a minor. Iowa Code Chapter 123
establishes certain administrative and criminal sanctions against liquor control
licensees for violations of alcoholic beverage laws and regulations. Code
sections regarding sales of alcoholic beverages to underage individuals
mandate those convicted for a first time pay a civil penalty to the local
authority or to the State Alcoholic Beverage Division. By acting on this
resolution Iowa City is able to retain the fine. Because the penalty is
mandated by statute, the local authority is not required to hold a hearing.
Act,on-
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN AGREENtENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF
TRANSPORTATION FOR USE OF CITY STREETS AS A DETOUR.
Comment: The IDOT plans to close the southwest loop of the 1-80 ~nd
1-380 interchange during construction of the additional eastbound lane of
1-80. The IDOT intends to detour the southwest loop traffic south on US
218 to the Melrose Avenue interchange, then east on Melrose Avenue
approximately 1000' to northbound US 218, then north on US 218 to the
ramp on eastbound 1-80. The detour period is estimated at a maximum of
seven months beginning approximately April 1, 1996.
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN
COMPANY OF CEDAR RAPIDS, IOWA AND THE CITY OF IOWA CITY TO
PROVIDE ENGINEERING SERVICES FOR THE FIRST AVENUE I~PROVE-
~ENTS PROJECT.
Comment: This project involves the improvement of First Avenue, from
Muscatine Avenue to approximately 1,000 feet north. Contracted engineer-
ing services for design, project administration and inspection will total
approximately $168,00 - ~ 196,000 based on actual time and will be funded
by Road Use Tax Funds and General Obligation Bond Revenues.z~ucti~.
is scheduled for 1996.
Action=
#15 page 1
ITEM NO. 15 -
CONSIDER A RESOLUTION ACKNOWLEDGING THE CONVICTION
OF SINCLAIR RETAIL FOR SALES OF ALCOHOLIC BEVERAGES
TO PERSONS U~DER THE LEGAL DRINKING AGE, AND
IMPOSING A $300.00 CIVIL PENALTY TO BE PAID TO IOWA
CITY.
Horow/ Moved by Nov, seconded by Kubby. Any discussion?
Kubby/ So Linda, I can't believe that this is the only conviction
of serving to a minor. I don't think I have ever seen one of
these come before us before. What is special about the-?
Woito/ The difference is this person plead guilty. They usually
contest it and then there is a hearing at the State level, an
administrative hearing.
Nov/ And when they have a hearing at the state level they get to
close up for a week during the University break?
Kubby/ That is a different thing.
Woito/ A different animal.
Nov/ Well, I don't understand.
Woito/ Well, they would impose a fine. We would not get the money.
In this case we get the money.
Nov/ Only because they didn't contest it? It also says this is
because this is the first time offense.
Kubby/ The amount is being paid is by the number of-
Woito/ If it were as second offense it would be higher. I can't
remember what it is.
Horow/ Okay, any further discussion? Roll call- (yes). Resolution
is adopted.
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F092695
#16 page 1
ITEM NO. 16 -
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
IOWA DEPARTMENT OF TRANSPORTATION FOR USE OF CITY
STREETS AS A DETOUR.
Horow/ Moved by Nov,seconded by Baker. Any discussion?
Kubby/ What a mess.
Pigott/ It is a mess. I can't believe this.
Kubby/ Do you think it will really take seven months? I know that
is the max date.
Fosse/ I don't have a good handle on just how long it will take
them but it is coming at a good time for us in that we will
probably be reconstructing that portion of Melrose Avenue
through a better part of this period. So those that intended
to go east bound on 80 with the ultimate destination of Iowa
City will have the opportunity to zip in right there and add
to an already congested area.
Nov/
So we are going to be working on Melrose at the same time that
they are going to be working on 80 and people are going to go
through two detours?
Fosse/ No. The detour that the DOT is proposing are those that are
going southbound on 380 that want to go east on 80 will have
to go down to Melrose, get off, get back on and go north and
then turn right onto 80.
Nov/
They are turning them off as they are east bound on 80 and
sending them to 380 and then they are going to be on Melrose
and then they are going to go back.
Fosse/ But just for a little stretch. Just to get under the bridges
and get back on again. But we will have it under
reconstruction east of there. That won't interfere with it.
Nov/ I understand, thank you.
Horow/ Okay, any further discussion? Roll call- (yes). Resolution
is adopted, Kubby elsewhere.
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F092695
#17 page 1
ITEM NO. 17
CONSIDER A RESOLUTION AUTHORIZING THEMAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN
HOWARD Ro GREEN COMPANY OF CEDAR RAPIDSt IOWA AND
THE CITY OF IOWA CITY TO PROVIDE ENGINEERING
SERVICES FOR THE FIRST AVENUE IMPROVEMENTS PROJECT.
Horow/ Moved by Nov, seconded by Pigott. Any discussion?
Throg/ I would like to ask a question that I think I have asked
before in similar circumstances. I would like to ask Steve to
clarify this. Why are we doing a negotiated contract or
whatever with the consultant rather than having a bidding
process that reveals-?
Fosse/ In this instance it is our belief that selection based on
qualifications will produce a lower overall cost and better
product. The design services usually account for somewhere
between 5-15% of the total project costs. So, the emphasis
here is on who can do the best job, design the best product
that can be constructed at the least cost and a little more
money spent up front here will add large dividends for us
during the construction phase.
Horow/ In other words, we have the ability for sole source
contract?
Woito/ Well, they won't be doing the construction of the project.
They will be doing the design and the inspection. See, this is
a services contract as opposed to a bricks and mortar that
does require bid.
Arkins/ It is not that you cannot bid services contract. It can be
done, Jim. It is far more extensive documentation and not even
really a proposal if you want to get down to a pure bid. We
have been successful. As long as when the engineers bring
these to me, as long as they feel comfortable that these
numbers are reasonable within the industry and reasonable
within our community, that is why we recommend it. But it can
be far more documentation.
Pigott/ So, is there internal costs to the bidding process because
you said there is a lot of documentation.
Atkins/ It is just far more documentation because what they do it
that when you negotiate a contract and spell out the general
scope of services and they will affix a price to that. We go
theoretically entertain proposals, sealed proposals, have them
Thlsreprasentsonlyareasonably accuratetranscription ofthalowa Citycouncil meeting ofSeptamber26,1995.
F092695
#17 page 2
each give them, a series of engineers, give us their proposal.
While it is not a formal bid, then we can accept or reject low
as we see fit and negotiate from that point. we have
traditionally chosen to go through a qualifying process, look
whether the firm is qualified, make some routine interview,
selection review, and then negotiate the contract. It is
purely negotiation. If we are not satisfied with it, we do not
hesitate to go to another engineer.
Fosse/ Another important distinction here is the design is a
process more than it is a product. Once we get to the
construction phase we know what we want and we can define very
clearly what the contractors will bid on especially on
improvements to arterial streets in Iowa City. It is very much
a process and it is difficult to define what that process will
consist of to a level that consultants can bid a competitive
bid.
Kubby/ While I was coughing in the other room, did anyone bring up
this issue of neighborhood input on the front end. It is not
mentioned in here at all. I know that there in the past have
been at least one neighborhood meeting, the Creekside
Neighborhood Association. That was done by city staff and it
was done quite awhile ago and I think it should be
incorporated.
Pigott/ I agree.
Kubby/ It is an arterial street.
Fosse/ There is a portion in there that talks about meetings and it
is included in there. However, we didn't specifically call
that out.
Kubby/ In the most recent one that we did it was pulled out
separately and mentioned so that the direction that we are
giving the consultant is very clear that that is expected and
that is part of what they are getting paid for and I guess I
would like that same- That should be status quo I think
anymore for these kinds of contracts.
Horow/ Do four of you feel (can't hear).
Nov/ It was included. It just wasn't spelled out specifically as
Karen would have liked. It was in there. I found it.
Horow/ so this modification to the contract-
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F092695
#17 page 3
Woito/ We can amend that.
Pigott/ That would be great.
Kubby/ I don't think the consultant is going to blink an eye
because it is a part of their practice. We should make it
clear.
Nov/ Before you go away, I want to know because we have heard so
much about leaking underground gasoline tanks in that
neighborhood, how are we going to manage to clear up the stuff
that is inside that intersection?
Fosse/ We have not explored that yet. I don't have an answer.
Nov/ We do know it is there and we are going to have to do
something about it?
Fosse/ It is possible-start over again. I don't know the
contamination is gone under where we will be excavating for
the storm sewers that will be a part of this project. If it is
not over there we may not have to deal with it.
Nov/
From everything that I have heard about this, there are two
stations that have been closed, kitty corner across from each
other. Whatever ha trailed has trailed into the middle of the
intersection. So if we are going to redo the intersection,
just dig up everything and reconstruct, I think we are going
to have to somehow get them to help clean up.
Fosse/ I will keep you informed on that issue about it.
Horow/ Any other discussion? Roll call- (yes). Resolution is
adopted.
Th~~r~presents~n~yareas~n~b~~~c~uratetr~nsc~~pt~~n~fth~~~w~~~t~c~unc~~meet~ng~fSeptemb~r2$~1995.
F092695
Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 11
ITEM NO. 18 -
95- 290
ITEM NO. 19 -
CONSIDER A RESOLUTION ESTABLISHING A POLICY ON DESIGNING,
MODIFYING AND MAINTAINING PUBLIC STREETS TO FACILITATE BICYCLE
USAGE,
Comment: The League of American Bicyclists has established a Bicycle
Friendly Cities program, similar to the Tree City USA program. The League
has encouraged Iowa City to apply for this designation. To qualify for the
designation a city must meet four criteria. One of the criteria is that the
governing body establish a written policy to develop and maintain "Bicycle
Safe" streets and pathways. Adop,;on of this resolution will fulfill this
criteria. The City meets the other three criteria of: budgeting and spending
at least $1.00 per capita per year on bicycle facilities and activities; passing
an annual proclamation recognizing National Bike Month and Bike-to-Work
Day; and recognizing a Bicycle Advisory Committee. If this resolution is
adopted staff will complete the application for designation as a Bicycle
Friendly City.
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 4, "LAND
CONTROL AND DEVELOPMENT," ARTICLE C, "HISTORIC PRESERVATION
REGULATIONS," SECTION 3, "HISTORIC PRESERVATION COMMISSION,"
BY INCREASING THE REQUIRED NUMBER OF AT LARGE APPOINTMENTS
TO THE HISTORIC PRESERVATION COMMISSION, AND BY AMENDING THE
PROVISIONS FOR FILLING VACATED, UNEXPIRED TERMS. (FIRST
CONSIDERATION)
Comment: The Historic Preservation Commission, at its August 8 meeting,
by a vote of 4-0, recommended approval of the proposed amendments. This
ordinance will be accompanied by a resolution amending the Commission's
by-laws with regard to the filling of vacated, unexpired terms as suggested
by the Rules Committee. 'rhe resolution will be introduced at the time this
ordinance receives its final reading. No public comments were received at the
September 1 2 public hearing on this item.
#18 page 1
ITEM NO. 18 -
CONSIDER A RESOLUTION ESTABLISHING A POLICY ON
DESIGNING~ MODIFYINGAND MAINTAINING PUBLIC STREETS
TO FACILITATE BICYCLE USAGE.
Horow/ Moved by Throg, seconded by Throg. Discussion. I have a
question. Is this going to involve more staff time?
Arkins/ No, the last two years we have made a significant
commitment to bicycle projects and when the staff advised me
of this program of recognition, that is pretty much what it
is. Simply recognizing the work that we have been doing in the
past. I don't anticipate-
Horow/ But we don't have to establish a written policy? How is that
going to be-
Atkins/ The resolution does that, Susan, is the policy that you
will fulfill all of these criteria which you do.
Nov/ And the one thing that we are missing here is enforcement of
traffic rules on bicycling and I will continue to bring this
up. They do not stop at-
Horow/ Oh, I will-There was one this morning at 7:00 at Summit and
Burlington. Some do and some don't. One went right through
Burlington this morning at 7:00.
Atkins/ You have police on bicycles now, you have got-I am. I mean
folks, when you think about it, pedestrians-Think of the
Burlington and Gilbert when students start walking at an angle
in the middle of the street. There is always going to be those
conflicts and all I can say is we will make our best efforts.
Throg/ I would like to make a comment about enforcement of bicycle
rules d.t. on sidewalks and the like. There was a letter to
the editor in either the Press Citizen or the Gazette either
today or yesterday about that point and I don't remember the
exact wording of the letter but is basically said that at
least one police officer told the writer of this letter that
he had been told that some city council members did not want
bicycle rules enforced d.t. and I just want to be real clear
to any police officer who works for this government that I
don't think that and my guess that there is nobody else on
this council that thinks that and the writer of that letter
understands that our policy is to enforce the ordinances of
the city. As a bicycle user, as a person who walks d.t. a lot
I think it is really important to do that.
Thisrepresents only area$onably accuratetranscription ofthelowa City council meeting of September 26,1995.
F092695
#18 page 2
Pigott/ For safety reasons.
Kubby/ I want that strengthened the enforcement capabilities
because we recently passed an ordinance that specifically
defined bicycles as a vehicle which means they have rights and
responsibilities of a vehicle.
Throg/ I should also say that a police officer rightly pulled me
over d.t. as I was coasting my bicycle up onto part of the
sidewalk and did exactly what he was suppose to do. What I
thought I was doing was coasting and then I was going to get
off. But he told me, hey you, you know, I recognize your face
and you know that you are not suppose to be doing this stuff
and he is exactly right.
Horow/ Okay, any further discussion? Roll call- (yes). Okay,
resolution is adopted.
Thlsrepresentsonlyareasonablya¢curatetranscrlptlon ofthe]oweCltycouncllmeetlngofSeptember26,1995.
F092695
Agenda
Iowa City City Council
Regular Council Meeting
September 26, 1995
Page 12
ITEM NO. 20 -
CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 9, CHAPTER 1,
ENTITLED "MOTOR VEHICLES AND TRAFFIC," ARTICLE 7, ENTITLED "TOY
VEHICLES," (FIRST CONSIDERATION)
ITEM NO. 21 - ADJOURNMENT.
Comment: The present City Code prohibits skateboards, rollerblades and
other toy vehicles from the pedestrian mall and on "roadways," However,
the present definition of "roadway" does not include parking ramps and
parking lots, The amended ordinance includes parking ramps and parking lots
as prohibited areas for toy vehicles,
Action:
?'.
#20 page 1
ITEM NO. 20 -
CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 9s
CHAPTER 1, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
ARTICLE 7t ENTITLED "TOY VEHICLES." (FIRST
CONSIDERATION)
Horow/ Moved by Lehman, seconded by Baker. Any discussion?
Kubby/ Let's say you have a surface parking lot, it is midnight, it
is a public parking lot, there are no cars there, someone is
skating boarding through there on their way home from late
night work. That is illegal under this ordinance?
Atkins/ Yes.
Baker/ The same way riding a bicycle at midnight going through a
red light is illegal.
Kubby/ But riding my bike through a public parking lot is not
illegal. Some people use skateboards as transportation. I
mean, I agree in general. It is not a good safe thing for
people on skateboards to be riding through parking lots or in
parking ramps. There are safety issues there. There are some
instances where it is quite reasonable for someone on a
skateboard to be in a public parking lot and because we have
not had a chance to really-we haven't had a chance to talk
about this. It wasn't on our informal. I mean, I had the
weekend to think about do I support this or not, I am not
prepared to support it because of certain corps.
Woito/ You could delete the parking lot and leave it-I think the
major concern was the ramps.
Atkins/ That is correct.
Nov/
The major concern is the ramps. However, you leave parking
lots in and do not restrict this skateboarder, they are going
to be going through the parking lot and unable to stop because
I am backing out of a parking space and I have seen people
walking through parking lots without looking for cars but
walking in such a way that they were able to stop as a car
pulled out of a parking place. I think the kid on the
skateboard is not going to be able to stop that fast and is
going to end up hurting themselves and I think parking lots
should be included.
Horow// Ernie-
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F092695
#2 0 page 2
Lehman/ Well, what parking lots are we talking about?
Kubby/ Well, I can think of lot 64-1A by the Holiday Inn. The
surface lot is publicly owned. It is a corner where people
walk, bike and drive and skateboard and rollerblade as getting
into and out of the mall towards the library. There is an-
Lehman/ There is so few parking lots involved. I understand
obviously the ramp. I don't really see that if we had parking
lots all over d.t. perhaps I could be more sympathetic. I
don't see that many parking lots. The ones we do have with
curbs or with meters and whatever, it is not going to be
convenient to ride one through there anyway.
Kubby/ I am saying at night when there aren't that many people
there. if there is only one lot that we are talking about, why
not take it out?
Nov/
I am sure there is more than one lot and I not convinced to
take it out. I think if somebody is going to go through that
lot on skateboard, they probably have been on the pedestrian
mall with a skateboard and they shouldn't have been there
either.
Kubby/ I walk my bike through the ped mall, I get on my bike in the
parking lot as a legal vehicle and I ride through the parking
lot. So, there are some responsible skateboarders out there.
I guess, I mean I don't want to denigrate this issue into
nitpicking this. Do we have any data that says this has been
a problem in terms of safety reports of near misses, even
anecdotal information or any injuries of skateboarders or
rollerbladers in our city parking lots.
Woito/ The only think I have is from Joe Fowler, Bill Dollman and
Anne Burnside. But Steve and I don't really have a formal
memo.
Horow/ Are there four people who wish to investigate this farther?
Throg/ I do and my objection to the ordinance as it appears is that
we don't have any idea how skateboarders might respond. I
think it is-
Horow/ Oh, you weren't here on council when we went through this
once before.
Throg/ Let me say it differently. I think skateboarders ought to be
This represents only a reasonably accurate transcription of the Iowa City council meeting of September 26, 1995.
F092695
#20 page 3
given a chance to comment on the wisdom of adopting this
ordinance. If we were going to propose an ordinance that would
regulate apartment owners and tell them what they had to do or
must not do or whatever, we would surely consider their views
before we adopted that ordinance. I think we should do the
same thing here with regards to skateboarders.
Horow/ I repeat, are there four people who wish to send this back
to-
Pigott/ Sure, I wouldn't mind doing it.
Kubby/ No, I don't want to send it back to staff.
Baker/ I look at this as an amendment to a present code, right?
They are just expanding or clarifying the definition of
roadway. And I can't imagine why we are spending-I think all
of us at one time or another on this council are entitled to
say this. I can't imagine why we are spending so much time
talking about this particular issue.
Pigott/ Well, we have only been on it three minutes.
Baker/ I said it last night and I will say it tonight, this is a
no-brainer. Just do it and if there is a-
Nov/ I am willing to do it. I think a person on a skateboard on the
public street in a residential area is safer than in a parking
lot and we are already prohibiting somebody from a dead end
residential street. I can't see any good reason why they
shouldn't be prohibited from a parking lot.
Throg/ Are you suggesting that it is safe for a skateboarder to be
skateboarding on a public street?
Nov/ No, no I am not. No. But I am saying if somebody lived on a
quiet cul de sac residential street and chose to skateboard on
the street illegally, they would be safer there than they
would be in a d.t. parking lot. There would be less traffic in
that instance and we have already prohibited that instance. So
I have no trouble prohibiting in a d.t. parking lot.
Kubby/ Linda, where can skateboarders and rollerbladers skate and
roll?
Woito/ It is a question I have asked myself many times when we get
these questions. They can do it in residential areas of the
Thlsrepr6sents onlyareasonably accuratetranscription ofthelowa Cltycouncll meetlngofSeptambar26,1995.
F092695
#20 page 4
street.
Kubby/ In the street? So in that dead end cul de sac they can be-
Woito/ No, they can do it on the sidewalk.
Pigott/ You can do it on the sidewalk.
Kubby/ So how do we facilitate people who transport themselves? Say
someone lives on E. Washington Street past Muscatine and they
use rollerblades six months out of the year as part of their
transportation to the hub of d.t. They go on the sidewalks all
of the way d.t. and then when they get d.t. they have to take
their skates off.
Horow/ How do they get into the building? Don't they take their
skates off?
Kubby/ I don't know. I guess it matters what the individual who
owns the building- I am just trying to clarify how people can
use these transportation devices. It can go on public
sidewalks all the way until on the d.t. which I don't have a
problem not allowing skateboarders or rollerbladers on the
sidewalks d.t. just like I don't mind not allowing bicyclists
to be riding their vehicle. There is just too many people.
Horow/ Okay, if there is no further discussion on this unless there
are four people who wish to redesign this and I don't hear
four people wanting to do this, I think I am going to call for
roll call- The ordinance is adopted, 5-2, Throg and Kubby
voting in the negative. First consideration, I am sorry.
This represents only a reasonably accurate transcription of the Iowa City council meeting of September 26, 1995.
F092695
City of iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
September 22, 1995
City Council
City Manager
Work Session Agendas and Meeting Schedule
September 25, 1995
6:30 P.M. -
6:30 P.M. -
6:50 P.M. -
7:20 P.M. -
7:40 P.M. -
8:15 P.M. -
8:25 P.M. -
Monday
City Council Work Session - Council Chambers
Review zoning matters
Near South Side Planning Update
Airport Master Plan Study Update
Melrose Avenue Bridge/Street Reconstruction -
Future Procdure
Council agenda, Council time, Council committee reports
Consider appointment to the Historic Preservation
Commission
September 26, 1995 Tuesday
7:30 P.M. - Regular Council Meeting - Council'Chambers
September
8:00
30, 1995. Saturday
A.M. - City Council Work Session - Council Chambers
Discussion of Housing Issues
October 9, 1995 Monday
6:30 P.M. - City Council Work Session - Council Chambers
October 10, 1995
7:30 P.M.
Tuesday
Regular City Council Meeting - Council Chambers
PENDING LIST
Appointments to the Riverfront and Natural Areas Commission - October 10,
1995
Appointments to the Senior Center Commission - October 24, 1995
Appointments to the Board of Appeals, Design Review Committee, Human
Rights Commission, Parks and Recreation Commission and Planning and
Zoning Conmission - November 7, 1995