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Home My WebLink About1991-01-22 Agenda n q ,? y IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF JANUWARY 22,1991 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON --"'~"~'''\';''''''r'~; 't". ': I ,.,).",.\'~',t~):j;,,!;',.JI;"'~~-----"'" ..' . _ " ,(>",..1.,,:\. '" ,r ,. . -_.....~.hU!;.'-, f;;.,~",t,' \,0, \~~ I I I , ( ;1 I , " I 1I ill 'I I, !: I I I : 1/ r I , " " I: : , ; -.-'''~-- i ~ I , , I, ' ,', , . " r I ~ a ~ 1 1 ~ I , I ' . , i " , I ' ; I : I i 'i I, I I, ' , I , I, I' , 'j' "J " Ii " Ii', : I j . t . , CI q I~I 5' ITEM NO.1. ITEM NO.2. ITEM NO.3. ITEM NO.4. ~ ~ AGENDA ~r IOWA CITY CITY COUNCIL fw REGULAR COUNCIL MEETING. JANUARY 22, 1991 ""~'r 7:30 P.M. COUNCIL CHAMBERS &M~ ~ CAll. TO ORDER. ROll. CAll. MAYOR'S PROCLAMAnON. .. Rosom~ V1losh Day. FoblUl/Y 8, 1991. lA.r~y roLU\~lI L. :liJiuicL..J 101ctcl.l\(c. SPECIAL PRESENTAnON. .. Budgot AW8ld Irom Govemmont F1nanco OIfIcora Association. --iN ~Qe/J C:ONSIDER ADOPnON OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Consldor approval 01 0Iftc/a1 Council ActIon. ollho rogular mooting 01 Janul/Y 8, 1991, IS publlshod, sub/oct 10 corroctlon, IS rocom. mondod by tho City Clork. b. Mlnulos 01 Boards and Commissions. (1) Alrport Commission mool/ng 01 Docombor 19, lm.q-JQ". ~'( (2) Ubrary Board 01 TlUsloos mool/ng 01 Docombor 20, 1 m. (3) Broadband Tolocommunlcal/ons Commission mool/ng 01 Docombor 19, 1990. (4) Rlvorfronl Commission mool/ng 01 Docombor 5, 1990. . (5) Board 01 Ad/ustmont mool/ng 01 Novombor 14, 1990. (8) Doslgn Rovlow Commllloo mool/ng 01 Docombor 10, 1m. (7) Allordablo Housing Task Forco ~ool/ng 01 January 9, 1991. C. Pormll Motions ond Rosolutlons as Rocommondod by tho City Clork. (1) Consldor a motion approving a Class 'CO Boor Pormlt lor Clydo R. Soolon dba Soalon's Cash and Carry Markol, 1331 Muscatlno Avo. (ronowol) ""---".""',." ".,.., ,i ,.,,' ,-,-, i I 1 I , i i r I I I i I '1 I . I I I: , \ I I I .-.~ ! il , , , I: If j' , I . l. . I i l' r I i t I I, I I I i, I I I ! I I n q e b City of Iowa City MEMORANDUM DATE: January 21. 1991 TO: llayor and CIty Council FROM: City Clerk RE: Addttlcn to Ccnsent Calendar Agenda of Janmy 22. 1991 Item '4c. (3) Consider motion approving five day Class C (BW) Permit for 1a. Special Olympics. Inc. dba Iowa Special Olympics. Sycamore Hall. Hwy 6 and First Avenue. (new) j. i i, I I i ~,,~""Io...--'< . "--"~'''i;i.Al.;~;';{''I._i'';''''';~~'~;/.L.i ~~I~.A.;r.:I:;'.fi~.-ii;;'~:;:)>:l;: ;:;;.;,~,~,jA';'!" \~ i',,~td;..;,.l"""'-~ ~ ~ ii '. I I ) I ~. i' i 'I ,i '.j , . ij " , t I. 'I" f' !: I r I', 1 . . , I, , I: i I: ' , k I' I !, r I I i-., , " r' f' " t~ I! I t . . 1 .. ,:., ,". " ',.i, . ' . :.~' , ' i: I ." ,. ;' " , CI R e :-, " I .1 -2 pago'l 1 I I .~ McD/ Mayor's Prodamation..,Ros~mary Vltosh I- ;j I Larry Fountaln/ I am Larry Fountain with tM Unlv. of Iowa Credit Union . i: 3nd I hav~ boon v~ry proud to 00 assoda~ with Rosemary in her , I, capacity with our Board of Directors. I accept this proclamation on .. oohalf of th~ commlt~ for the Old Fashion Community Benefit for ,! , . R~mary Vltosh. We would IIk~ to invl~ everyone WIIo has " -, H t recognized this lady WhO has given SO much of herself. We would like I. 1 " I . to give something back to her. The tickets are available at your I flnandalinstitutions throughout the dty. The credit union, all your ,! local banks. I brought a list here. Hawkeye 5taoo, la. 5taoo, First . ' National, Mld.Amerlca Savings Bank. Tickets for the dinner are .1 ,.....,t $50.00 ~r ~rson. We would like to encourage everyone WhO cannot r , atoond the dinner that donations of any size are accep~ at any of the financial Institutions mentioned, Get that message across to all WIIo may 00 viewing, Thank you, I', . i ----."----------.-;----:-;---.- . " ,,,-; , " I , l ~ " . I . " ~ . ,- ,- l ,. \ '1' 'I i i , \ II .. ! h , I~ .. i'" I, I '1 , I, I I: - ! I: .. l' I I I '.--...~l~;.;" ~I;i;'t;,: ~'~ :,~..;\,;f-;..:;:\'>~,(,:-.t,i:;'.:/ ,_~l~',..\,f~/;.";.;,~<~;.'j. ..r:/<'t~ ~.'.!'. 'i,~~;,~.,:~;l;J---'--- '--'~-'''1'''''"'''''~ , I I . J ,I \. II ;\-. t-/ q e 8 '3a, p3g~ I McDI Budg~t Award from Govvrnm~nt Flnan(~ Ottlc~rs Association.... Deb, art you going to ac(~pt this. On oohall of tht council and mryoM W(J want to ~xt&nd congratulations to th~ Flnanc& Dept becaUS9 th~y do such outstanding work. I think that this recognition for tht smnth ytar In a row Is a t&stam~nt to th~ tttort that tMy put Into running a vtry financially sound city. Thank you. ---"o+ao'f't.\ ..~.I,..1 ';';,Ji !.:.;~l;.:,,\:.);j:';';i':,-;~~,\\~',;~~.:~~;;i,,~:;"~i~-';\i'~-' ' I 1 i j I , I I I I I I i ..._--\-) . , 'I'. . I; I Ii ' ,. i. ,\ I: i; ", )l il . I' I ! ' i. 1 ;' ;1, \ 'j I,' . ~ !. " . ! - II r J' I' , ' II 1\' - . I: I . ~ ' . ':,',,! I' ,'\ . , , , I "j'" " "~I' " ,. " , : :' . ~ 'I:' I, !j .;, t4 :..' I' ""'. I I ' ,I i, " ,Ii' j". " L .;j \.' )'" '\",.' 1 I I, , ! I ! I I . , I , I I n q ,j q - \ I Agonda I I Iowa City City Council I Rogular Councfl Mooting January 22, 1991 I I I' Pogo 2 I (2) Consldor a moUon approving I Class 'CO Uquot Uconso lor i Vanoss,'1 01 Iowa City, \no. dba Glvannl'l, tOO East Collogo , S;ronowal) i' , ~W. (JIJ/JIc,v " d. .. I II I (1) Consldor a motion to approvo dlsburlomonllln tho amounl " 'I ( 01 $4,7118,530.~ lor tho period 01 Oocombor 1 through I' Docombor 31, 1m, IS rocommondod by tho Flnanct ! Dlroctor, IUbJoc\ to audlL o. Resolutions. " , . (1) Consldor a rosolutlon adopting supplomont '48 to tho Codo I' Ifq\ -\'l;) 01 Ordlnancos ollho City 01 Iowa City, IowD. I ::uJL. (2) Consldor . rosolul/on amondlng Iho bylaws' ollho Senior !', Conlor CommIssion. I I Commont: This chango In tho bylaws was rocommonded by ! tho SOnlor Contor Commission and was ,pprovod by Ihe , .' __._c'_____.'. Rulos Commlttoe on April 3, 1m. Howovor,tho rosolul/on , i was not prosontod to tho City Councillor approval at thai J' tlmo. . " I. Cocrospondonce. i (1) Lottor Irom Iho Chambor 01 Commorco Arts Commlttoo I i ,oquostlng tlmo on tho Councll'alnlormal agondato discuss ' ' ! a downtown Roglonal Culturol Facility and Conforonco i Conlor. i (2) Lotto, Irom tho Principal 01 Wost High School oxprosslng I \' , lupportlor tho two ordlnancos concornlng clgarotto lalos. I . I: (3) Momoranda Irom tho CMI SOMCO Commission lubmlttlng i; c~rtInod lists 01 applicants 10' tho lollowlng posll/ons: I (a) Malnlonanco Workor I . pollution Control I , (b) Malnlonanco Worko, I . Transll I (c) Molntonanco Workor I. Stroots I. I, I: I I, , I \ I , I j ...~ .. "'-".",~.I".i.~. "-r-- '; "", " . y C/ Cf 3 t] I I I I , I , Agonda j: ! Iowa City City Councll "..... Regular Council Mool/ng January 22, 1991 Pago 3 . (4) Momorandum from tho F1nanco Departmont giving noUco 01 Intont 10 purchaso oqulpmonL Thla notlco Is lumlshod In . 1\ accordance with Slalo law. , i .' Appllcal/ona lor tho Uso 01 Stroota and PubUc Grounda. " g. (1) Appncal/on Irom David Gobhart lor permission to uso pubnc sldowaJkslor a Walk Against Iho War on January 19, 1991. (approvod) '. , . " Aw.h,/ ~ (J, ""HUI.tt~ I' f ~k.J ~. END OF CONSENT CALENDAR . , ITEM NO.5. PLANNINO AND ZONINO MAmRS. .. Public hoarlng on an ordlnanco 10 amond Chaplor 3&, Iho Zoning Ordinance, by amending Soctlon :J8.4I(c) to rodonno conslgnmont slora. , Commont: At Ita Docombor 8, 1m mool/ng, by a voto 017.o,lho Planning & Zoning Commission rocommondod approval 01 an ordinance amondment to rodonno conllgnmont Iloro to lncIudo relall , ostabllshmonll, which loll donalod ulod morchandlao, which ara oporalod by tax exompt organlzal/onl. Thll rocommondal/on II conslslont with that 01 tho slallln a momorandum dalod Docombor 8, 1m. A lotlor Irom John Walson, Exocutlve Dlrocto, 01 Goodwlll Industrlol, Is also Includod IrI your packoL . Act/on: ~ I ve~J 11"~f" ~1n ~ ~ IJff/Z;:;u a!2(,w , . . I , j- I: "r ! . r , I , , t :' \ t I , i, I , I I .~-..-,,~ '''''' '., .'..q.-' . -. ....-...,......"".~ (~e~,il I t , ~.' ..1 r/ q 3 ' I ITEM NO.8. ITEM NO.7. b. Consldor an ordlnanco amondlng Choplor 38 01 tho Iowa City Codo 01 Ordlnancoe 10 IImll and control tho ostabllshmont 01 heliports, hollpads, and hollstope In Iowa City, Iowa. (Socond consldoral/on) Commont: At III Novembor 15, 1990 mool/ng, by a volo 01 8-0, tho Planning & Zoning CommIssion rocommondod approval 01 an ordlnanco Ihat would Introduco amondatory languago In tho ZonIng Ordlnanco 10 prohibit Ihe oelabllshmonl 01 hollports and hollslope as ollher principal or accossory Usoe In Ihe city'a COmmorclal and rosldonllal zonoe. thIs rocommondal/on Is gonorally conslelont with Iho alall rocommondal/on In a momorandum dalod Octobor 25, 1990. Commenll regarding this Itom woro rocolvod by tho Council at a publlo hoarlng on Decombor 11, 1 m. ActJon: ~u/ ~J.h>t' :J~tl.ff ' ~UJ.~ PUBUC DISCUSSION OF OPEN .':~I~. PUBUC DISCUSSION. i , , I I. I ....... . , I I , Agonda Iowa City City Council Rogular Council Mool/ng January 22, 1991 Pogo 4 ,i ! !~ ,: , I ; I , i l~J #JIiJ ! I. I , . , . I: pi " I I I 1;' t ~ , I I I, , I I ',f.-," 1.:'.,'_"'; ""-,,,.- . - -.'..... .n' q 3 2 ) i I I I I I j: , .,. -f) page I McDI More I op&n the p,h" a couple of remarks, we do hav.: an Item on the agenda Which Is -a. that would prohibit op&n burning In Iowa City. /l's up tor tlrst consideration as most ot our citizen's are aware, thIs Is th~ way It ~ld;ls at Ut~ mom~nt j; that th~r~ Qr~ c~rtaln tlm~;ln Ut~ tall and Ute spring Where Utls Is allowed, specitically leat burning. The reason, betore W& took any action on Utat particular I~m, W& wanlM ~ give the pUblic an opportunity ~ respond. I now declare the PUblic hearing op&n. Is there anyone Who would like ~ address the council on this I~m. Larson/ Betore poople do, John, It I might, some ot us are going ~ suggest a proposal ~ allow leat burning but narrow down the number ot days considerably. So If that's something you want ~ address, we may be talking about that When we deal With this ordinance In I~m eight It's now about three W*ks In the tall and thr* w*ks In the spring, and although nobody's setUed on a number ot days, I gather the proposal would be anyWhere trom three ~ ~n days each season, rather than the three weeks each season we're talking about now. It you want your Uloughls expressed on that, I thought I'd mention it Rosie Wilhelm/ My name Is Rosie Wilhelm. I live at 39 Rita Lyn Court I'd like ~ express my concerns. I'd like ~ ban open burning entirely. Not only from a personal stand point, since I'm allergic ~ smoke, and I enjoy the OUtdoors, I ride my bike back and torth ~ the hospital and I'm not allOWed ~ do that In the tall because I'm allergic ~ It But also trom the more global standpoint. I have very mUch concerns about What this Is doing ~ our environment. I think a city of this size needs ~ consider banning burning, We've had these people that argue about wanting ~ u~ the leaves and burn them tor compost I think that there's evidence that Will show, a lot of people Just put the leaves on the ~p ot their gardens and that serves as a compost pile. Even more than Ulat, I'm concerned about it may be doing ~ the Greenhouse eftect, and What It's doing ~ the hydrocarbons that are emittedln~ the air. So I am ~tally In tavor ot banning leat burning entirely, not even allOWing tor a limited number ot days. Do you want ~ ask me anything? MCDlTh~~~you, Rosie. kse.- Mary Lo~/ My name Is Mary LoWd&, [live at 16 Maggard Street In Iowa City. The reason that [ came ~nlght Is because [ was concerned In the newspaper there has been severallet~rs ~ the edl~r that I think have conveyed some mlslntormation about a leat -burning ban, [ guess Ulat Is the main reason [ came ~nlght, One ot the let~rs ~ the , I , i 1 I I i , , I I 1 ., " i' I i I, I, , I , i' , , i ~ , , I I , I , ! I I , . ;1 , I I: I, I I' I . i I """i , : ",:."-',, ',-,'.",., -. ~',.-<".-,~ -' 9- i ,3 tI _- '\ , , I I .6 pag~ 2 I I: -" editor said that lems wm ov~rburdenjng tM landfill and as we know a stat~ law was ~tt~Uve Jan, 1991 Utat banned the landtllling of all yardwas~. Iowa City has ~n eftoctiv~ly composting I~aves since May 1990. I wanted to let peoplo know Utat our landfill Is not oolng :! overburdened with 1~3Ves, tlrst oft. AnoUter point that was made In i Ute papor that under a leaf -burning ban ali yardwas~ would have to ,t .. .' hauled to the curb and put In a plastic bags by tho city and It would Ii i , overburden city crews OOC3use Utey would have to go and pick up ali of Ut~ extra leaves. I think backyard composting has ~n overlooked by th~ people. That Is Why I came tonight To make a pitch tor backyard composting as a way tor Individuals to take " " responsibility tor their own was~. It Is an easy way. You can do It In l' your 0....'11 backyard. You don't have to haul anything anyWhere. You don't have to pay for Ute bags at all it you compost In your own back yard, Composting, unlike burning, doos not threa~n our air, does not I . ' !: distress people with respiratory problems, Conlposting Is easy. The " ~partment ot Natural Resources and Ute Ext&nslon Ottlce both have r~ally nice brochures on composting Utat ~re recentiy made available by Ute city. I want to encourage people to take a look at i. Utose brochures. I consider composting as an al~rnativ& to burning. . Thanl:s. McD/ Thanl: you. I " Kubby / Mary, ootore you go, what do you Utlnk of the Idea ot limiting burning severely, say to throe days, five days, some numoor under ! ~n- ten or under two times a year. LO~/I'd havt to Utlnk of It more, I'm concerned Utat thOSt days, tht skits , ! . I would 00 black, OOC3Use everybody would go, 'Ohmlgod, I have to do I ! : It today. It would become mn more distressing to people with respiratory prOblems, OOC3use It'd 00 so concentrated on those days. That's just oft the cuft without thinking about It any more Utan Utat Mike Lewis-Beck/I'm Mike LewiS-Beck, 417 Brown Street I'm a memoor of , , '. tile NorUtslde Neighborhood Association, but I want to make clear that I I Utls Is not a Northslde plea. This Is on my own, okay? so they don't I have to ooar Ute burden tor my time. AnoUter tiling, I talked to you , I about Utls last month, and I Utought about It since, and In some ways I J tolt like Utls Is really, given What has happon&<! since our last moeting, , I- Utls Is roally a small Issue, and maybe doosn't evon morlt our pUblic I I, time our pUblic time, oolng What's going on In Iraq. But Uten, I I Utought more about It and consider&<! Utat and decided actually It's I, stili important and that In fact In somo ways- we can discuss this In an " , ! , I . I I I , 1 '~'-""""""""'" .;-"".,.,_"_,,, ),...'.'r....-~....-- -'. ';" ....,....,.........,...1-.,...., n q jY '6 pag~ 3 hon~st discussion about Wh~tMr ~ should do this or no~ Is What Is most meaningful about the Whole thing, that ~ple in the other parts of th~ world can't do. I appreclaw tha~ and I think that this IS Imporbnt, It roafflrm& my foollng& about tho pro<m that ~'ro goln8 through. Now, It s*ms to m~ that ~ should hm a limited, not a total ban, There are thr* basic reasons for that. One Is the reason that the community as ~ all know but tak~ for granted, Is that leaf burning brings people log~ther In neighborhoods. That's really Important, particularly when In times of stress, When peopt~ may dlsagr* about all kinds of things across the back fence, from local pollUcs to national politics, I don't think that's a trivial Issue. Perhaps It's so pervasive and we all do It that we don't think about It, but I think that we value that. That's something the neighborhood, curbside burning affe<ts. The s&<ond reason Is an ecology reason, I subscribe to Gr*n Peace Magazine and I'm very conc~rned about the Gr*n House Affect, The probl~m with, II you (ocus all your energies on one goal, how much do you pay to achlm that one goal? If we could totally ban all the smoke In the envlronm~nt. Smoke being leaves, hot dogs on the Fourth of July, cigarette smoking- I mean if we r~3l1y single mlndedly want to abolish the Gr*n Hous~ Affe<t to all othf'r costs, than w~ should have a ban on all non.pure air. Of course we draw back from that because that doesn't make sense. The question Is a balance. You have to balance thiS. How much do you do? Can you do any at all, and I'm lust saying we should do a IItUe bit once or twice a year . people burn a Cew leaves, I think this is What Randy was suggesting and may!>> I'm just taking our time and maybe I should shut up so I will In a second. The third reason- Larson/I haven't counted noses to the exWnt that we could wll you to do that. LeWis-Beck/ The third thing Is the health concern and that's important. As I mentioned, I have a respiratory allergy and I take a medication (or that. So I'm sensitive to that With that clientele. Although that's something that each person has to decide. I'm going to breath the smoke In a limited amoun~ of course I wouldn't want to do It all the time. Now, the focus more precisely on the, well there's another health concern that I'll talk about, then I want to talk about the e<ology Issue, That is something- someone In the mootcal community called me about this a(wr they read about thiS in the paper and pointed out someUllng Ulat I hadn't considered which Is that people with arUlrltis or joint problems in general have a hard time bagging ..." '~-,"_.,.,~, ,......... I r ... . , ii , I' I: , ;i i' , , i' I. I! '. I I i !, I ;, . i. I i , . ..-,.......-.-... , I I I I I' t-/ R 3 5 , I I I I I '6 page 4 I: I ". j ! the leaves, Someone who has an arthritis problems can.t burn; Uley I have to bag the leaves, There are health costs on all sld~. The point , I as you know Is- health costs Will not 00 eliminated if we ellmlnat& burning, There Will 00 some IllUe old lady someWhm, probably on 1 the northside, one of my neighbors Who Will break her hip or I , .' something Why she Is raking the leaves, We can't hm It both ways, I, , One final point Which Is one the ecOlogy side and this Is tile gardening slM I am geWng my certiftcation as a mast&r gardener so I am learning all of these things and I am actually thank the council, The rmon I am getting my certiftcation Is be(ause of this issue, I ;,1 appreclat& that. One of the things I am learning In my Iowa Slat& j' University coum Is that you should not compost. I am an organic gardener by the way, I have composting for twenty yms, The point there Is that you can't use all of the leaves, Iowa City Is a bountiful rich source of leaves, We have more leaves than we can use and I certainly do, So I burn some of them, Also you n*<l to burn diseased plants, Those such not 00 composted, So What I do Is burn diseased plants and I burn my excess lems, That provides ash in the garden , and that Is one of the throo main sources ot fertilizer tor gardening. I So I think those are grounds in oorms of the community, In t&rms ot ecology and In oorms of health that suggest that -a restrict&<!, and It can 00 severely restrict&<!. the notion of thr~ to t&n days, something in that range, reduced trom the throo W~ks that makes sense. The final thing I want to say Is Ulat we have a great fire chief In town. I think that Larry Donner Is the kind of city offlclal that we want here i. . and that we all admire. He Is a good friend of mine. I am very sorry , that he Is going to leave us. He assured me that the leaf-burning Issue Is not the reason he Is leaving Iowa City. Thank you. McD/ Thank you. Anyone else. j: Donlfnstrom/626 2nd Ave. I have a decr~ In horticulture and have been Rardenlng forever and all ot that stur!. I would like to support this " I total ban, Even though it would 00 a great Inconvenience for me It Is I . not worth the other lG. The health Issues and the mess and the I carbon. In my neighborhood When people burn-we stili hang cloth~ out on the Uno and It 19 a mess. The environmental problems are real , problems. Other larger cities are having total bans. As far as disease !.. , In plant maoorlals and burning thoso plant maoorlals that Is a twolvo ! I months a year problem. SOmething that Is not being dealt with In the , compost unless the compost Is hot enough that that Is a problem L anyway, That which won't probably appear tor a year or two. There , Is no problem getting rid of leaves if your compostlng. The big - ~"""'''.'''''--'''''' ." ,-,.., .'. ".. n 9 3 b -6 pag~ 5 probl~m would 00 brush, weOOs, shrubs. Th~ only r~aSQn I could SN a burn Is If ~ ore going to restore native prairie lands within the city limits. Which I am trying to encourago to happon. Then that might 00 a con;ldoration. That might bo tho only option for thorn. Kubby / That Is ono of tho oxcoptions of tho ordlnanco. Rick Graf/628 2nd Av~. J only thought of just now-J am In favor of a total ban-may n%d SQm~ consideration In th& futur~ about wOO<! burning stoves. J supplem~nt heat In my hous~ with a wood burning stov~ and try to burn the twigs and branches and things which J cannot compost and shred up very ~lIln my wood stov~ In Ule win~r tim~. J Ullnk Ulere should 00 SQme consldoraUons Ul~r~ of what Ulat burning does alSQ. J hav~ no solutions but toss It out as a Uloughl That It may 00 n&cessary to Ullnk about Ulat In Ul~ !utur~ alSQ. McD/ I now d&clar~ Ul~ public hearing closed. ..-.....'\".".<".,-~.~" ::; ,~",,; ,I', ,i',:,. r l' .,.. ~ ",.. ..."'" ..~" " "" , t . I I "-~ --r - p-. I i , I ! I :' I ., I' I . I I' . I " i t I '. J. , , , I I, ! , f , I , , 1 , ,I , , I I . I I I I 1 I n q 3 ,-, 17 page I McDI Public Discussion, Bud Lewisl First of aliI am a member of the Civil Smlce Board, ) am going to say right now that 1 am not here tonight reprosenting them or In any way representing the Civil Service Board. About thirty years ago my father was on the council. The first night 1 went down. He took an oath that he would support the President of the U,S, and the laws of the U.S. and the Sta~ of Iowa and the City of Iowa City, I think that you have a similar oath that you all took now, Is that right? I would like to address Councilman Kubby. What would think I( I was going to come over to your house and spray It with r&<! paint tonight, Would 1 get arrest&<!. Would that not be following the laws of this city? I think 1 saw on ~levlslon, You were arrest&<! at the f&<!eral building, right? One of the ~n, Kubby 11 was arrest&<!, I was not trl&<! or convict&<!, 1 have not even plead yet. Louls/ljust want&<! to pose that question, Would you feel I was breaking the law I( I came and spray&<! r&<! paint on your home. They were spraying, your group was spraying r&<! paint on the f&<!eral building down there. You had a blow hOrn leading the group. I'd like to ask you what you thought was going to beCome of that, I am a great defender of your right to demonstra~. Here sits BlII Ambrlsco, wound&<! In combat, He fought for that right. Your dad, West Point graduate, did, 1 am a shOrt-timer. I only have 43 years of ml\ltary. We all want that but what Is this business about doing things like that. How doos that fit the picture. Kubby 11 have to say first of all the group that) was working with did no damage to the postortlce. I was the last person to leave the post ortlce and the red paint that appeared on the south side of the post ortlce was not there when 1 left. We cleaned up after ourselves and did not block access to any doorways, stairway or elevator. The paint was done by somebody else and ) cannot take responslbl\lty and will not take responsibility for damage done by other Individuals. I can take responslbl\lty for my personal behavIor. Louls/l got my information from one of the recruiting sergeants at the building down there. In other words, in future demonstrations, you will still be blocking streets and things like that. What Is coming up in the future. I read the article in the paper tonight. ) think you and Carol DeProsse thought that all three protestors had been respecting the law, From now on there won't by anymore things like that you feel. "., _or"~ ,. ... ..,.""..~-".' .~'.."-- ""''''-'.,''-,. ..-, "",'-' ~.,-t""""''''14'''' I I , ; , " I H I .' " I' i, . ' , . , t, ' i' I I' i: " I I I I, I I. I I I I i' n G .3 8 '\ , I I -7 page 2 I I r -.. Kubby II gu&SS I can't s~at for mrybody You always hm a few ~ple I In Ule crowd who do Ullngs tllat you or I may not approv~ of or agr~ I: , I WiUl, I can say Ulat In my activities I am advocating not only for my 1 , ~rional bohavlor, I am advocating Ulat Ulo movomont maln\4ln and , " attitude and valu& of nonvlolenc&. For my p&rsonal d&flnltion of Utat I It Includes not d~troylng proF*rty, not blocking access to public ;i ,! bUildings as well as vlolenco against an Individual In ~rms of Ute " I verbal abuse of phySical abuse. I don.t know Ulat, I can't guaran~ other ~ple's ~havlor but my own, ,; Loulsl They look up to you, You are a council p&rson and a leader. And that Is why I addr~s Utls to you. 'I >, Kubby I That Is why I stood In front of the fountain on Ute larg& rally on j' Saturday and adv0C3~ what I just outlined to you, There au a lot of > , ~ple who agreed With me and thanked me for making Utat clear. , , TM ~ple Involved In Bring Th& Troops Home who Is th& group who , organized and particlpa~ In the action at the post office are trying to j ~ witnesses of this non-violence Including non-desltuction of proF*rty. And are trying as an organization to get other ~ple to behave In that way when they are expressing Utelr views. And as i . i p&rsonal witnesses, when we see som&thlng going on that we don't think Is approprlal4, to confront that p&rson and say why do you teel you need to do that and we encourage you to find anoth&r way to express your~lf. SO we are In agreement on that point. Loulsl Do you honestly feel that those kinds of things are going to bring those men back home any fas~r. Jmau~ If It would I am going to be , out there tomorrow doing It With you. I want them back as bad as \' anybody. Can you envision someone rushing Into the president's i' , offtC& and slipping a no~ und&r his face that says that there ar& kids holl&rlng on Clinton St. In Iowa City that want this war stopped right , now and h& would turn to the chief of staff and say call it off It Is all i; over now. II Kubby I I can't say that any Individual action Is going to stop what Is ;, I , happ&nlng. My hopes that troops are safe and that the troops Will get L home as soon as possible. Iowa Is overwhelmingly represen~ Utere. i , We are over ropreson~ there, I want those ~ple h&re..,and bolng ! part of our community. So I share those sentiments and I wish one " II Individual act by little me would do something but I don't think It Will. I I, I know that I need to do everything I can to bring those men and i women back to Iowa City as soon as possible. You may disagree With . , I' .,....-,... ,,,,.,...~..' . ,-,' to"- -'-".''''_.''''~':""...,I.;l . , I I . I c/ q '.3 q -7 page 3 the acts that I choose. But to know that WtI have the same sMtlment that I want poople home and I am gOing to do What I know how to do to the OOst of my ablllty to get th~ goals reachoo. LoUls/1 am sorry I was misinformed about the spray painting. That Is alii needed tonight Is to know What track we are on With the demonstrations around here. KUbby I When you s~ak of Bill oolng Involved, I reel like I have be&n Involved around war Issu~ all my Ufe oolng an army brat. I don't want want other kids to grow up With that threat of war around them everyday. Living In Germany and feeUng the tanks going down the cobble stone streets and the ap~ building Is shaking and In my thoughts are my dad Is at work. I don't want other 1:lds to grow up under that threat all of that time. With their father leaving to go to war and coming back, LOUlsl Then WtI must keep strong In the mllltary then, That Is the only way to avoid tile war, Kubby II don't know If I would agree With that. Anna Wagner I Can you hear me. Here as a prlva~ citizen again. I want to talk about two things OOcau~ I think Ms. Kubby did an oxcellent job of defending her ~rspectlve. I am not tho ty~ to put myself In a situation to get arrosted but I go to the rallles, tho ~ace ralllos, antI- war ralllos, etc. And highly support them, I think my rights to hear anything are oolng violated. Every time you go to a rally and particularly the one on Saturday. We have those counter protestors that have bull horns and anti-war poople had p.a. systems and I don't know What ~ple Who are traveling through and staying at the Holiday Inn thought. But It was a mess as far as the volume of one group out shouting the other. I assume the anti-war people had a permit to 00 there because there Wtlre five or six hundr&d of them. I sort of assumed that nobody was fool enough to give the other people a ~rmlt to 00 up on that fountain that day. There were pollee there too. I don't know What can 00 done about It, but I think my rights as a citizen to hear anything are violated When they had something up on the pentacrest a Wtlek or Wha~m It was ago. those counter protestors wm thrOWing snowballs at ~ple. You don't know If there was a rock In that snowball or not, If It's going to hit your face or something, I think somebody out to look Into some of this. I notice on television In other cities, the pollee did a little oot~r job of keeping those two groups apart, We try to be real non-violent around here, In other places they didn't think tllat was such a given so they trl&d to i I I I I I, ! r -" I , , I , " ! fI ! I t. I I I I I j 0' j I \,.1 I " ,. I I i ! . : I , I I I , I. I ! i , I , I i , I I, I , I I , I I j' I I I , I I I I ! I I I' I t , , , '1 I , , I, I I ,'. .."."'..'.4."'.... ,,: ~'." '<:,"'~'" ...."."...~.. -.".", ',. '".1 -,.,. I . I f-' R y [I '7 p~g~ 4 k%p tM two groups apart That might 00 som~thing to think about Mayoo that's enough or that, I don't know It's a pretty sickening subject, but I think people n%d to hear both sid~ or What's going on I think if tM coun~r -pro~stols hav~ som~thjng to say, th~y l~ally should arrans~ th~jr own rally and say It th~r~ and I~t oth~r ~pl~ have tMlr freedom of sp%(h, Okay, that.s that OM, I don't f*1 so well tonight anyhow, Let's S%. I was here several W%ks ago and I didn't think Ulat turned out so well either. I came back tonight again With some stur(. I went to the Housing AuUlority ootW%n then and now. I asked for and was given some deClnltions of the word family as It appll~ to the Housing Vouchers, That's part of what I was talking about a couple of W*ks ago. I had some handouts Mre that tMy gave me. So I can give th~ to the council. It does say that a family can 00 a single person In two different places, This gang of stuff Is oofore the Cranston.Gonzalos Law was passed and this one Is since It has been passed, the amended versions. The definitions appear to 00 general OMS for the section eight program, The housing vouchers are part of that program, Th&re's things In there about preferences and percentages, I know, but there is still some Indication that single people should 00 considered for some of these things. I did apply for a voucher and I was denied a voucher because I was not elderly or disabled, I actually asked Mr. Henderson If I could get one and that was his Impression, that I could not. And yet then it says that you are supposed to 00 able to so I think I'd like more clarification on that point from the council or city attorney or somebody, I guess the council would probably 00 the ones. For myself and then also for any task force I may 00 currenUy serving on, oocause we need to address these new strategies. I nm to know Why things are the way they are. I'm not lust out to stir up dust, I really want to know that. Okay, thank you for your time. McDI Thank you very much. If anyone else would like to address the ~~~9cll about any Item thatd~ not appear on this evenings agenda. Susan '!mil My name Is Susan GlUtand I'm a local teach~r. Just Briefly on the war Issue, I think we're facing a tremendous difficulty In the thing that Karon's ooen advocating In terms of maintaining dialogue on both sides of the issue. VI see this as a teacher. I see people WhO are under a great deal of stress who nm a lot of understanding on both sides or this thing, I would lust encourage the community to maintain dialogue at all costs, and to maintain a nonviolent stance. Thank you, McDI Thank you. If anyone else would like to address the council on any Item that does not appear on this evening's agenda. . -'....._....-.,..""...' 'fO".._.....~~~> -.....~."."."." ---.............,........~ ..;~ ,i.,. ,'_ I'" I I I' , " , .. . " ,. I ! 1 ! . ~ i I f, ,\ I .. ' I j. b . I :t , j, I 1 . . n q y " i I '7 pag~ 5 Carol ~rry I My name Is Carol ~rry (live at 2905 Brooksld~ Drlv~. (hav& a son In tM 82nd Alrborn& who has "*n In Saudi Arabia since the ~ond wook 01 Augusl My objection to the prothst at the Post Olllce the oth~r day was that I was In lact trying to mall a package to my son and was Inlormed that th~ Post Oil Ice was closed OOCause people were prothsting with signs, paln~ photographs, pictures, and everything that was detrimental to the president and his resolutions who have gone lorward, Illnd this sort 01 prothst against things that are going on should have been started back in Augusl (find it a IIttie dllllcult to ~lIeve that prothsts couldn't'v& started in August Ins~ad 01 waiting lor th~ last day lor the resolution to ~ passed, (think il you peopl~ want to pro~st, you could'v~ ~en doing It the last llve months ins~ad 01 one day. Kubby I There were lots 01 activities going on since Augusl For example, th~ Wednesday vigil downtown, so there were things, may~ not as In~nse things. ~rry I Did they start In August? Kubby II don't know when the Walk lor Pllace was, in College Green Park, the first one. B~rry II believe it was somewhere In January. Kubby I Just lor the publics Inlormation, the Post Olllce did not close as a r~sult or the pro~st last Monday, It was closed wh~n ~ arrived, ani w~ worked very hard to get the Post Olllce opened again. The Post Mas~r didn't want to talk to us lor a lltu~ while, and then understood that ~ w~ren't there to disrupt Postal business, even called Dave Nagle's olllce to get him to help us open the Post Olllce. In the meantime, we helped direct people to other postal services downtown. I t was not our In~nt or as a result or our actions that the Post Olllce was closed. That was the Post Mas~r's decision berore we even arrived on the scene. Two 01 the people who were spokespeople ror bringing troops were instrum~ntalln talking the Post Mas~r Into opening It up again, Although one or th~ things that ~ did learn, that we need to r~m~m~r,ls communication. that one or the things ~ didn't do Is call the Post Mas~r and say, ~ aren't there to disrupt postal customer$ or Impede the mov~m~nt or mall. In the ruture we need to remember that no matOOr what we do or where we go, we need to inrorm people and get that dialogue open and let people know what to expecl SO that Is a lesson Berry II think In the luture I don't know what your reasoning is lor pro~sting at the post olllce in the llrst place. Only because It Is a government building, There are a lot or parents, ratilers, mothers, -,,,~-,,,-~-,".-..........- . '-'~~'''''' 'r,>':' ....,>.: ,,~ -" I II , ! ~ I '. i: , !'. ,-.----- I' I , t , ; I . i i i I I: ,; I I I " i t, I I, I i I '..A_...,"^.,..O,;".....;,~>> , i I I I , I c/ q, '-I ,? -7 pag& 6 brothers, sistm, Mph~ws and cousins who are r~lying on th& post oltic~ to d&Um our mall from Saudi Arabia and also tak& It back ov&r th&re. I think It you can find anoth&r placo to d&monstrate, may~ th& pontacrest which has ~n tho SCOM of many domonstrations In tho past t~nty-flv& y&ars. Maybe tho Unlv. would ~Icomo your d&monstrations Instead of th& city. Kubby II appr&elate your comm&nts. , :t II i~ !; " I. " " i: , !; . i ) I .1 - , , " ! I , ," .. .. " i fl I' , '" ,-,- '. i. " " i: " f' " ,I Of, -, ~ 1 .-. -,--.. --.. -i,:-,-~-~-:--,-.'.:~r':---' ~ ' , .. . <. " I , I I ., .., t I i; I !, f',.. I ; :' i'; t'" I , . , ' i , . ~ I " , I Ii , '. " i I" I' I i : I I: l: 1 1 I It , r 'I I " I I, ;1 , I', j' . '" " , , , , ~~"'J..,~ .~_.. .. "-""'~~'4i;,.;',1~/ii_;~~)I'; ;:~~,\,,~/:~,)~~)iiL:i~'}~>'~""'~"*;""''''-''' .. "...k,,_-......~-.i...o;I.t:j;~, 1 >, \1, . I: ,Iii, t-, q Y3 Agonda Iowa City City Council Rogular Council Moollng Janul/Y 22, 1991 Pago 5 ITEM NO.8. CONSIDER AN ORDINANCE TO AMEND CHAPTER 24, MISCEUA- NEOUS PROVISIONS, TO PROHIBIT OPEN BURNING IN IOWA CITY. (FIrat consldorallon) I , " " . .. 'I ;1 l~ I: ITEM NO. O. Commont: ThIs Ordlnanco, which would ban real bumlng, was draftod by formor Flte Chlel Larry Donn.,. n represonll ono mothod olellmlnallng tho consldorablo tlmo hit Dopartmont lponda on r..pondlng to clUzen complalnll and putting out leal ntOI. ThIs Ordlnaneo Is substanlloJly unchangod Iloco your discussion last year. ~JII"ul JS/-(t.IJ-If 4/. /llttl , ~.v ~) 1!idv ~ ~r I ANNOUNCEMENT OF VACI.NCIES. nt.'l) I .. Broadband Tolocommunlcsllon3 Commission - Ono vacancy lor an unoxplrod torm ending March 13, 1993. (Douglas Klaassen roslgnod.) this appolntmont wlll be made at Ihe March 5, 1991, meol/ng 01 tho City Council. "" r I, ,\ ActIon: Ii l' , L !' ITEM NO.1 0 . CITY COUNCIL APPOINTMENTS. .. Consldor an appointment to tho Johnson County On.slte Waslowalor Managoment D1slr1ct AdmlnlstratJvo Commllloe. A lollerlrom the Johnson County Hoa/lh Dopartmont II allachod to tho agonda. ActIon: ~u",/ ~/~1) ,-- "'''-...,~"..,. ,~.., ,<"~~,,.._..- ,-." --~~-''''''''''9;~.f~{V4' I \' ~ c.;, >, '. _,' ~,,. .-i..."o ~:,-,.. " ., e-c : ,. ",~" ,:',,1;.,.:,:_;...,.., . " '\ I I I ...... , r I I " I . r/qyy 'a pag~ I McDI Moved by Novick. seconded by Horow, to gtV& this first consld&raUon, Discussion. Kubby I Randy, before you talk about changing this I have kind 01 a philosophical quesUon. I am very concerned about a minority of ~ple who have physical dltflculty With smoke. People hm called me and said why should 95~ of us be ~nallzed for the 5~ that have probl~ms, I have som~ vague answer of becaus~ we need to care about ~ple In our community who have problems that could be fatal or could be very serious and cause hospltallzaUon and that we need to accommodaoo that I just want to know how other people answered that questJon. 1I0row./ I hm that very same situatJon. In our home we hm two opinions. this Is going to be a very difficult vote, We have a large yard With quloo a lot of trffl, many of which-we hm a glgantJc compos~ 8S well as we bUrn, as well as we bring the lems out to the curb. CHANGE TAPE TO REEL 91-12 SIDE 2 Horow./ Try to stay Inside as much as possible on those days. Larsonl I thought you wm going to say that when he burns you lem town and that is why he burns so much, Horow/l help burn and II:*p avoiding the smoke. TMre are enough ~ple who have talked to me where It Is very difficult to avoid the smoke. I can empathize With them. On the other hand, I also realize the value In using the burned leaves for our garden. We do have a large gorden. So I'm on both sld&s of the fence but I choose to error on the side of ecology. I take this groon house effect very seriously. The more and more sclentJflc journals that I read about this. I think foll:s we have to do a lot and a lot more quickly. I'm mlng on the side of ecology and health reasons Nov,/1 think the possibility of creatJng disease via second hand smoke that we have talked about in terms of cigarettes, For a number of years applies also to the leaves that are burned in plies in our back yards. If there are possible carcinogens or any other diseaso carrying organisms In tobacco leaves they are not likely to hm disappeared from maple leaves ~nd oak leaves, And, when we are burning these things outside In huge plies at level of people's heads, not at chimney level, and we are oolllng people to don't burn on a Windy day. So this smoke is going to settle and It Is going to stay there. I have seen It In low lying areas along the river evon UIO day aloor ~plo havo burned loaves, It roally does not dissipate. ',.'......."". ..-.~,.--^'"-' . . .. '........,..',,/. .~, I I ... I , " I , I " .' " , i;t i' I: . ' , ,- . -,---., "-'. I , ! I' I !: '. I I I I I , " !' , I, i . !, , I I I t , . ! I ,. n q y 5 ' '0 P3g~ 2 Larson/l thin\: It Is an aWful tough one, Ther~ Is fiv~ or six argum~nt.s on ooth sides of It I think the fact that most GlUes hm banned burning s~aks for itself, The reasons of environmental concerns and health concerns of people, k&Oplng the fire dept's budget down as best as possible, avoiding having to s~nd more money on the vacuuming &qulpm~nt that we u~ and the leaf bags that we hm are all good arguments in favor of banning the burning. The other hand, to some people the exp&nse of the yard was~ bag Is a l~iUma~ concern. Th~re are some pro~rUes whm peopl~ just can't move their leavos to the curb oocause th~ curb Is uphUl b&cau~ they lust hm some many lems that they can't do that or they are Just not able to move those I~aves to the curb on the da~ that we are going to get them. The curb leaves can blow away If left th~r~ for a w&ok. ~au~ the arguments are so good on ooth sides that It behOoves us to try to adopt a compromise version that nods towards both sides of the Issue. That Is why it makes some sen~ to move our Window of opportunity from thr&o weeks down to four or five days at the most during fall and sprlng,..In the fall five days out to be enough. That removes that problem for those people that have respiratory problems as much as we can Without banning them enUrely. I don't think there are four vo~s to ban them enUrely. I like people to consider Whether four, five or six days, wha~ver number we can coine up With during the fall and spring makes some sense. I think It Will reduce the amount of leaves that are burned In the city. I don't think It Will the exact same amount of leaves Ulat are burned. The lnconvlence of when those da~ w~re and the fact that publicly we are letting people know that we would rather haves those leaves composted than anything else. No one ever s~aks of the Issue. I guess 'lust hm a cluttered mind. I Wish people would think of the idea of leaving them where they fall. I don't think they have to be tidied up Into a compost pile or on a curb or In a bag, 'hope some people Will take this as an excuse to be lazy and leave them whm they are. I view that as personal preference. Wha~ver they want to do. Horow./ It Isn't a mat~r of personal preference, it Is a matoor of size of yard. Believe me Mr. Larson, we would not be able to do that Larson/ No matoor how big your yard Is, why couldn't you leave them where they go, Horow/ You would have the whole yard filled With leaves, You wouldn't have any grass llext year, j;;v.";.;,l",..>;,,.,.g"'~"""'" ,".-' ".,..' ...~. , i I I I I r I -- i , 'f jl I " " " , , " i' j " . ' , I, I i I , . L I I l: .' f I i , !: I lJ . i I. , I ~,..,...",., . , n Cf Y b .~ pag~ 3 Larson/ Th~y 0011 m~ what hap~ns If you I~ave them, It doesn't all(j(t your lawn, Hov.! You can run the lawnmow~r over them and that does help. Larson/ Does anyone like to s* a move towards narrowing the amount of time that you can burn. Ambr / The only dllllcUlty WIth that Is that the Whether In the lallls so unpredictable. II we set a lInioo number of days for Oct. and Hov.and It rains hall of that tlm~ then what do you do. Courtney / You end up with one day where everybody can burn their leav~s and the folks with respiratory problems have nowhere to hide. Larson/ The lire chief can add other days In consideration of the ~ather. It is not the kind of thing ~ are going to set In July. He he gOing to st it a w*k or two before the leaf burning time. II the weather then just wets out th~ days then he can add a few more. The problem I see Is the communication to the public of what those days are. Horow/ You are going to have to make Mr. Lewls-Imk a masoor gardener to the lire depl because you have got to give th~ leaves a number of days to dry. You can'tjust quick and burn them. You've got to pick the right day. Ambr/ See an educational brochure, a news release, an Inoorvlewon public access on various ways on educating the public on the pro~r way to burn leaves. In smaller stacks so you have more flame than smoke. What are you going to do about the green newly pruned shrubs and tr* limbs. That Is what exacerbaoos the problem. Larson/ II you bundle th~m up ~ will take those. Ambr / Tha~s the part of the educational process that you have to have because a couple of neighbors almost duked It out In my area a couple of years ago because of that very facl They had lust trimmed all their brush and tossed It on top of all the leaves and one neighbor has asthma and the other neighbor had her windows o~n and It got real Inooresting. Larson/ That Is an educational thlng...They think ofl~af burning as an old custom that doesn't hUrt anybody. That IS just not true anymore. It is lust not a harmless pastime that doesn't hurt anybody. Courtney/I have been at odds with former chief Donner for quioo some time on this. I think my opposition to this has probably come more from our recent actions the requiring the paying for bags for leaves. It had created an extreme hardship on a lot of people that have the huge trees on tile older lots in town. This past year has only strengthened my resolve to not want to go for this yet, We are In the budget . ..""-...i.....,"..-;...._;._h'''''_.....- '..,...... .'.,....;" '.ri",,", , ,;',"," I r .~. .. ! , " I H , " " " i I I I \, , i' I I , I I I , i i , i I r I , I , i I , , I I ! , !; I . . I , , , \' , I I. , I i I I .........,"'......._-"",...;\,;1.. 'I' n q y :-, '0 page 4 proc~s proposing some extra vacuum and people that could allow us to do a much ~toor quicker job In picking these up, There was just too many problems last year", Larsonl At some point J want the polluters to pay their responsibility for paying for their pollution. J don't want the city to always have to come around and pick up your pollution. Buy a yard waste bag and put the lems In the darn things. Courtney I That Is easy enough for you to say but J know someone that has to pay SM to do that. J am not going to force someone to buy 60 bags to put their lmes In OO<ause they happen to have more trees than J hm. Larsonl That Is not their only two options. There are four or five things that they can do With their leaves. They have to choose Whether they pay to take them away or What they want to do. Courtney I This happens to 00 someone Ilke What you were talkIng about. An elderly lady Ulat just really can't do all of that stuff,' . McDI Unfortunately this Is one of those Issues that Whlchmr way It goes It lives hardship on certain people Within the community. Nov./ Can help some of the hardships by creating a leaf pick up In the sprIng as well as the fall. McDI That is part of the plan. One of the things WI] hope to do OOcause of the problems ~ did run Into last fall. We are going to purChase another vacuum so that that Will also 00 on the streets, Hopefully we Will 00 able to get around quicker than what we did last fall. I guess It one would hope that the relationship with our neighbors would 00 good enough that When this Is allowed that ~ would 00 able to Inform them and tell them that you are going to 00 burning leaves at a given time. Giving them the opportunity to possibly do something else away from there. Unfortunately ~ do not Ilve In a perfect world. Sometimes that action Is taken Without any consideration for the people around us and It might cause some prOblems, J guess at this point What ~ have on the table Is a total ban. It has been suggested that mayoo we make It more restrjl;tlve It that can 00 done. By doing that It would 00 able to strike some balance. Then It OOcomes a maUor of It W& make It more restrictive, Is that going to work as well as ~ would like to see It. J really don't know at this point What kind of restrictions you are actually talking about. J guess J am open to that to see It any other councH members are In wrested in that. Larsonl NarrOWing It down from three Weeks. McDI Larry, Is that What It Is now, three weeks, .' ,I d :. I' I' I: " 'I I' , 1 , , , , !: , I I, , j,' I' I' I i: Ii " I I , , , , L h I I I . f' I I I l..;"':~',;'^'I-J...,..."l.'-"'''''_.'''' ...A....,... .~,." "'" ,......-. .,. d..'~-:.,....,""... '''.i','' . . I \ , I I I ...." " . I , I ~,_. n q Lf 8 .~ page 5 Larry Kin MY / AcUng Fire Chler. Right now It IS approldmaooly a month. A month In th~ spring and a month In the fall that wo do sot aside burning days. Doos that anSVNr your question, John? McD/ Yes, I was thinking It was at threo w*ks. But It Is at a month. L, Kinney/ Yes. We try to go from a saturday to a saturday In a month period. Larson/ What would 00 your perspective on narrOWing It down to a ~k or so. L, Kinney / It could 00 done. Whaoover the council desires. Larson/ I assume that would dramatically dtcrease the numoor of timos you are callwd to go out and put out flros. L, KlnMY/ I am sure It would. Ambr / Randy, It you narroW\\<! it doWllto OM W*k, wouldn't that just accentuaoo the problem, You would have all the loaf -burning down In a condensed J>')rlod of time, Larson/If everybody that burned their loavos now continued to do It just Within that ~k It probably would not 00 any help at all. I would like to think It would reduce the numoor of ~ple OOcau~ thWd have some Idea as to Why it has ~n narrowwd dOWll, I assume. They should only do this it It Is tholr only r&SOrt that Is roasonablo. Larry knows moro about that. L,KlnMY / It Is roaltough question as you ~pl& VNlI know In trying. You can eastly go on both sfdos of tho fonce. Chief DonMr summed It up good In his conclusion, the pros and cons, both for and against leaf burning. Our stand that ~ take Is that it ~ are going to ban It,let's ban It all tho way. Not just halt way, not just one W*k, ban It all the way. Thon that takes care of It. Kubby / Randy, I am an optimist but I am cynical enough to know that ~ple Will go the path of the least tconomlc roslstance and they probably wouldn't ch~ to use the bag. It Is hard to say What ~ple are going to do. Nov./ I understand how Iiltie old ladlos feol. They really do have to hire somebody. If they have 80 bags worth of leaves they are not going to rako It thom~lvos, Tho person that thoy do hire can carry It to tho landflll for them, He can dump It at the landflll and It Will only cost $3. It is not a big doal, Ambr./ I think there are ~ple Where that $83 would 00 a hardship. Nov./ Talking about un-bagged lems Where somebody carries leaves to the landflll and It would only cost $3, Larson/ But Ult cost of wl10ever Uley hire to do Ule work Is sUIl Ulere. U'''''''~''''.''""..., .. ~.,..-.~-........~ "<"., ,'.j..".,.......... " .' '~"_._' ''''''"':'''-,.'--" "., ,. ~. ,.' , ~ \ ' . I I I I. I r I " I , " ;1 , " , ! ~ ,~ j: \} '. I I, I . I t. . " ! ' , " ; , . " . 1 I I: I, I I , I .' II i , j. , , !, I . ! I I' ... . ~ nr q y q \ i , I '0 pag~ 6 r I I .-- Nov.! Th~ ~rson wIlo did th~ work Is there anyway... McD/ This past fall ap~m<l to us" It was unusual from oth~r falls as to th~ numoor of calls. L.KlnMyllt did ap~ar to 00 h~avl~r. I think ~ple are getting much more s~nsltiv~ to smok~, That Is probably OM of th~ big r~asons that. W~II, from smOking, th~y are working on th~ smoking, Smoking Is getting banned In all bUildings and &V&rYwllm you go thm Is a big ban on It. Th~ g~neral public Is finally piCking up on this and are r~ady to go With bans on burning. A lot of It Is health, pollution, etc, Larsonl Many people arl) awar& of the right to (311 you up and have you put It out, too. That ~re&ntage of th& population that ha3 that probl&m is more awar& of that. Courtn&y II think this Is som&thlng that Is mntually going to hap~n. I am not r~ady to do It this y~ar. Until we d~monstra~ our ability to eff&ctiv&ly take ear& of th& leaf prOblem WIth oth&r m&ans I want to leav& this o~n as OM solution to th~ homeownm. Larsonl What Is the increas& that you proposed In th& Increase In th& amount of vacuuming from th& curb we ar& going to do as a city nom fall. Atkinsl Hir& OM mor& cr&w and the purchas& of th& &qulpment. Larsonl Doubling our effort? Atkinsl A third mor&. W& think W& can prObably undertak& scheduling Improv&m&nts Ulat ~ didn't do last ym. We had unoollmbl& volum&s this y&ar. Anoth&r thing that Chuck pointed out to m& that I had sort of forgott&n. Our hard frooze that eausedl&aV&S to drop was rath~r laOO. Had nl(& ~ath&r all th& way Into Novemoor. That hard frooz& Is th& on& that r&ally drops everything. It eam& all at once and th&y simply got oohlnd. W& would ho~ that that wouldn't happ&n again. Th& &xtra &qulpment Will mak& a big dlff&r&ne&. MeDI Any otMr questions for Larry willie he is up, Thank you Larry. Courtn&y I This Is the s&cond tim& I h&ard somOOM talk about the posSlblUty of banning woodburning stov&S and the oth&r ~rson talked about flr&plac&s. Horow./ That Will do us In, Courtney II don't burn my I~avl)s but I do have a woodburnlng stoV&. Larson I I am not going to offer any amendment slnc& I do not hear any support for It, McD/ I for on& am Willing to look at some typ& of r&Striction. I am not y&t r&ady to totally ban and adopt Ule proposal that Is In front of us, If there Is som& way that It can 00 mor& r&StrlcUve I would 00 I:. , :\ ,~ d , I ,I I' , ", .. , I I, I: ! . i , i ,.1 l; I , I , I' , I, I I, , I ".C,'_'",.'." ~ ,_,', ,... ".L"'" ," '0'" I . ,~",,_ "0 '''''>''.'''_.'~ \....,. .~_.., ~. . j' . - a S n f / ',I _ - 'e, pag~ 7 Larson/ Is that M by ordlnanc~, th~ month that ~ hm dOM In th~ fall, Gentry/ It Is policy, You can direct that 00 changed WithoutordJnanc&. Larson/ Come Oct, and we hm the leaf vacuum going and It looks IIk~ we hm bet~r capacity ther~. W~ could do som~ things then, Gentry / Yes. Courtney / Goes on th~ consent cal~ndar. Is that Wh~re It shows up. G&ntry / You wouldn't even ne&<! to do It by r&SOlution, Just purely a poliCy ma~r. Atklns/ Traditionally the fir~ chl~f has d~~rmlned th~ time and simply puts out a public notice that says we will permit It to be dOM at a certain period of tlm~. Nov./ What 'hoe hm Is th~ provision that says that the fir~ chl~f Is allowed to permit Is or that the f1r~ chief Is not allowed to permit It. Atklns/ Ambr / I would IIk~ to I~m that kind of n~x1blllty at UI~ dlscr~tlon of th~ fire chl~f and contlnu& to permit burning OOcause mry y~ar Is dltrmnt. Last fall was a perfect ~xampl~. The l~av&S stayed on th~ trees long~r, th~ w~ather was chang~abl~. Atklns/ Bill, you almost hm to because that Is part of th~ work. You could g~t early Nov. snow. That Is not uncommon to hm an early snow. Kubby / It ~ say tliat this Is an IMvltable thing. We ne&<! to address It now. If people feel that way that It Is going to happen, Why not do it now. Have two season, three seasons, four s~asons less Where people are having h~alth probl~ms. Courtney / It hasn't OOen proven to m~ that It Is going to work the oth~r way yet. , Ambr./ Need a IIWe more time too to see some of the MW regs that we ar~ going to be forc~ to adopt. We are changing a Whole way of ute. What we are forced to do by What comes down from the feds and stat&. I would like to move Into It a IIWe more cautiously and see What is going on. No OM anticipated What was going to happen last fall. The amount of volume we had with leaf pick up. We fell behind. We had some Ira~ citizens Who had dead leaves lying on their parking killing the grass underneath the parkway and the Individual property owners response to that. It Is city public r.o.w. but by the time ~ get all of our crews out to reseed or Wha~ver. So each Individual property owner takes care of their own parkway, Kubby / If this would fall, you would 00 In~rested In restricting the number of days? ~.._'_.-.......',.;......""......-~.... ~"<" '. ~ .' -"J. ;.,l" ~<-Y'" "....-", ""'d(_,j t \ i I I I ... .. 'i H I~ I' ./ I' , -, , " t , , i, , . " , , I '. I; '. I I I I I I I' , I I , I, I I ! I '--'--.'l~' , . i' t-/ Cf 5 ' , , ) I ,I ,~ pag~ ~ -- <! Ii J. " Ambr/ I would stillllk~ to I~ave that to the dlscrotion of th~ lire d~pt. To ~ I' ;1 In tun~ to what Is hap~nlng with th~ local w~ath~r conditions on any I. ; "' given yoar. That we still ~rmit burning ~ause It changos oaeh you. i) Larson! W~ are also going to review In May the decision to charge a dollar a I Ii . t bag for the yard waste bags. To mol that was an ~asy decision with I' , " , " I regard to grass. I Atkins! I'd recomm~nd that you do thal I I Larson! Easl~r decision with regard to grass clippings to m~. You can mak~ " ' , 't' . th~ argum~nt that If you cut your grass on th~ right tim~tabl~ that 1/ ' . " you can I~t that Ii a litu~ ~asl~r than you can a whol~ bunch of I' leav~s...Thls Is the kind of thing local government does that Impact&d , ! pqople's everyday lives. ! " McD! Any other discussion. , " I' I ' 'Ii Rollcall- I " First consideration Is approved, McD,. Ambr, and Courtney voting no. l: I i , _.._~____._._____ 0' "__"'_' t ':r I ;', I 'I.:, I I ' , II," , I I I, r- i q" " "r;' ," . .j , , " ! , I I I I I " , I . , I: l' . , \ I, ,1 , , II J I k , : ! , I: '" j " I I I , " 'I I I . "..M.____..."",..."'...~..... .~-_..,,;,~:.q.\:..;~",l~".,.,\.. ,'i , . '. ",-,'.',1-\1, .:._c',.i' . ,'-;'.... '-;_" ;;,'~ '::,).,_,.,,';, ~;;f ..!<;I.';'~)'" ...,..- ......." , '- -....--..-.--..- . ,', n q 5 2 Agonda Io\ra City City Council Rogular Council Mooting Janul/Y 22, 1991 Pogo 8 ITEM NO. 11 . CITY COUNCIL INFORMAnON. '&<J 11M) ITEM NO. 12. REPORT ON ITEMS FROM THE CITY MANAGER AND CIlY AlTORNEY. a. City Managor. "'() ~ b. City Allomoy. ..1&/ ';//11,.; '.".'-_."'J~"",;,;,;... 'I I I I I I, - , 01, I r ! " I' I' 'j I. I~ i , 1; , I " .\ " ; II 'j r I ': " Ii p" t , " I , ,ur " ' I I ,-. [~'--'--r-- , ! ",.Y, , ' I I ; " I. , " ,0 ; .' , I , I ,; I . , I i" , ; I I , I I. I , I I !.: I, I ,I , 'I I , , , I: J ;! , I I .,---\_..... I I i I . - - S 3 t/ 9 _ - -1\ pag~ I McD/ City Council Information Kubby / I know this has ~n talked about ~for~ In terms of anonymous I~tters to councIl. 'lust want to say It again that In th~ past couple of w~ks on a variety of Issues I have gotwn a lot of phone calls with all dlllmnt kinds of comments and suggestions and some of them have ~n anonymous, There Is absolutely no way for me to respond to you personally Il you don.t leave your name on my answering machine or at least a num~r that I can call back. I am just putting a call out that I would appreciate knowing who you are so ~ can hm some kind of dialogue about a variety of Issues. ~ondly, a quick reminder that we n*<l to appoint somoone to the Senior Cenwr commltt~ through the county and city. McD/ We will probably do that at our first m~Ung In Feb. Larson/ I didn't want to Interrupt your pres&ntaUon of the budget award to the lInance dept. but I lust wanted to say the Director of Finance, Don Yuculs. deserves a lot of credit. Also, our city manager, beCause of the unfortunate sltuaUon of ROS&mary Vltosh, had to put In a lot of hours on the budget this year. He deserves some credit there also. Ambr./ John I was disappointed at our last formal m~Ung that the audio porUon of our broadcast did not make It Into the homes of our viewers. At the beginning of the m&&Ung there was a presentaUon . made to then Fire Chief Larry Donner and the Iowa City Fire Dept. All clUzens of Iowa City of a gilt made on ~half of the Inde~ndent I nsurance Agency of Johnson County. One of my goo<.l com~Utors, Ed Wilson, was the spokes~rson-accompanled by one of my partners, Dave Winegarden, This was the third Ume that this group has given a gilt oftheamountof $2400-$2500 to the lire dept. to purcha~ compuwr equipment that would enhance their ablllty to handle the defenses of \(~plng this community healthy and wise. TMre wasn't anything that I recall In the press. I am disappointed about that also. I appreciate everything that Chief Donner has done for this community. One of Ule nice things that has happened and I ho~ I can always call him a goo<.l friend beeaU~ I have a great deal of respect for him and his wlf~ Sue and his child. I wish you nothing but the very very ~St In the land of Colorado, Larson/ Old you say the audio didn't work on the t.v. last Ume? Ambr/ It didn't. Horow./ This financial budget, the comprehensive Annual Report that we received the award for IS really an Impressive document. For my Inwrests on a regional point of view, I have asked the eKecuUve director of the Jobs Training Partnership Act to send me a list of all I I I ! .,-","'-" .......,,,' I ' --"....:..-..."~ ",''i.-~~~,!J , -'-,.,^ " -" -- i' I. ;1 , , , I 11 , I: I: " II " I I' . ' ! . j. I 1, i i' " , , i 1, I I . j, I ; ~ . I , I j' C/CfSY , II pago 2 the grants and contract that wt receive<! from the fe<!ml government and U10 staoo doplln oorms of training ~plo In tho Johnson County aroa, We do have a lot of training programs. B<<au~ of the rosourc&s at the University w& m al>l& to W&d both J>&Opl& who can lraln to those ~ple who nee<! to train. Botw&&n the amount of mon&y tMat the City of Iowa City receives In fe<!eral program and the rural and staoo mOMY ~ receive through JTPA and through the ECICOO, It Is exciting to s&& that this area receives and utilizes mOMY other than our local pro~rty taxes. We make good use of all the various sources from which ~ receive monies. That sort of thing Inoorests and excites me. CourtMY I I just had one Item involving city employ&&S. We often Mar discouraging remarks about some of our employ&&S. There are deflni~ly some very de<!lcate<l employ&&s In Iowa City. I think wt had a recent Incident that two poople ought to be In some way recognize<!. A while back ~ had a truck hit the Wolf Ave. bridge and did extensive damage to It. It lust so hap~n that two city employ&&S that witnesm the Incident. I believe they wtre even off duty at the time. Bob Kessler and Ruth K&Ssler, mother and son. One Is a maintenance worker for the Parking Dept. and the other Is a cashier for the Parking Dept. Because they took they extra effort to get the appropriate numbers off of the truck. The truck was clear from the west coast and wt would have never caught up with It. It saved the . city somewMre In the area of $25,000 b&(aUso ~ got their Insurance co, to pay rather than having It come out of our tax dollars. I lust wante<l to publicly thank them. ./;-:.-: , ~.'~--_~"'l"iIll'i<A~ t~;l"..jJ I I' " , I' ,. .. " 'I L , ,. 'I !: " . , '. 1/ ,. I ! , ': 'I I -. , . , I I , i , .. I .' i:", .' I: " j' I;, I 1 , I r ' I, r to; .' , t, r I 1, I, " /. I j I I i \. .. <I ; t-,~ ; ,~ ' ! , I i " , , , , , , ' n g 5 '5 \ I , , - I 612 b. page 1 McD/ City Attorney. Gentry / I only like to add that we will greaUy miss Larry Donnor and that I have to 00 the one found guilty of writing the comment In his absence. W& will miss him. That's all, I; j\ .' j ~ , ,- il I ,. Ii , . '. " , . "[ , I I i .. 'I" .J , 'i " If I: . I, I, ',': ,! " ~ " i " m'_I"_ , , Il' --;__T-__ r !' , r .. '" .1 \ I ',I,,' ,I e i I I I ! " ! " t'. I j' I /; ,,', J I' :" I; . 1-' I: I , , ! i, I I I I I I , ,', .. ,. ~ ) . , , i I . .1 j !. , ...,..---....-. .".........~.',"",;.:~;.,-,.:.j. .,_._...........~"';.w;~~;j;~j,{;.;..JlI.V . ., n R S b Agonda I Iowa City City Council I' Rogular Council Moollng -.. Janul/Y 22, 1991 Pago 7 ITEM NO. 13 . CONSIDER A RESOLUTION ADOPnNG A SCHEDULE OF FEES, REGULAnONS, AND QUIDEUNES FOR THE PROVISION OF ANIMAL :!91 ;/5" CONTROL SERVICES AND FOR THE UCENSING OF ANIMALS, " PROVIDING AMONG OTHER THINGS THAT PERSONS AGE 80 OR " OLDER MAY ADOPT ANIMALS WITHOUT PAYING THE REQUIRED FEE " , THEREFORE. Commonl: this rosolutlon roflocts tho rocommondallon 01 Iho Animal Control AdvIsory Board for loes for tho CoraMllo/lowa City Animal Sholtor. The resolution mools Ihe requlremonts 01 the 28-E Agroomont for tho ,/ i oporallon 01 tho Animal Sheller. I ActJon: J;~l1y / limo //JJd_~ 1l~1 I j,/~ ~} , I ITEM NO. 14 . CONSIDER AN ORDINANCE REI3ULAnNG THE SALE OF CIGARETTES; . REQUIRING A RETAIL UCENSE THEREFOR; PROHIBmNG SALES TO I PERSONS UNDER THE AGE OF EIGHTEEN; REQUIRING CIGARETTE - \ VENDING MACHINES TO BE EQUIPPED WITH LOCKING DEVICES; I: REQUIRING THE POSnNG OF HEALTH WARNINGS; AND PROVIDING PENALnES FOR VIOLAnONS THEREOF. (First consldorallon) Commont: this Ordlnanco hos beon pro porod by City stoN, with tho aaalslance 01 the D.O.C. organlzstlon and U.1. Logal Cllnlo sludonls, at tho requost of Council. Its priml/Y goal Is 10 provont tho purchoso 01 clgarollos I by minors, and Its principal loaluros loward thIs ond aro a City rolall >. . clgarollo IIconslng procodure and additional rogulatlons concornlng clgarollo vondlng machlnos. thIs Itom was dolorrod Irom tho January 0, 1991, Council mooting. f ~~/ t,~ /#(tvcll IUJ~ I ActJon: I: f J'e.v 1/1:1) i I fbl,4-w.Q ~ ~/'f 'I- ~f5 , ! , i , I o..QD..~ I I ~ I , f , I I, I I ! I ".~. ",. ,. n>, ...,..." '..'-'~ . . .............~ <-..'" '." ~ ~. ;.!,,; ii . n q 5 ,.., I I I '13 pag~ I ...... , McD/ Moved by Kubby, s~onded by Ambr, to adopt th~ resolution, Ii Discussion, ,. Nov.! Why ar~ w~ basing this particular waiving 01 1m on ag& rather than " i on th~ (can't h~ar). I would b9 d~Ughlod to hav~ a youngsl$r who :: 'I didn't hm th~ monoy to hm hls/h&r t~s walvoo. !i i Larson,! Just as obje<tlonablo to hm someone elderly but very wealthy not ,. " pay their lair shar~. I; r Horow,/It's only a waive. It thoy so desire to pay lor it they can. I would .. I .' take Issue with a youngs~r b&cause any youngs~r that might not hm the where with aU to pay lor It might not also hm the where . i with all to take caro 01 the animal. I would trust the elderly to 00 ablo ., to tako caro 01 tho animal having rocolvoo It a lItUe bIt oot~r than a I' . youngs~r. " I, Larson/ Not It thoy don't ave tho money, , " ;' ': McD/ You know What is oohlnd this, I. Larson/I know What It Is and I don't bolleve in Il Horow,/ What is oohlnd It? Gentry / S~vo, Is this a rocommendation rrom tho advisory commlt~. , - Horow./ I think It Is rantastic. I hm wat(hoo poor older peoplo maintaining , I. tholr hoalth through walking a dog or caring ror an animal. Larsonl Don't got mo wrong. I think everyone should havo a ~l I just " don't think that oolng or a certain age should 00 a reason to hm a ;', lowor roo. I Ambr./ Would you rool any oot~r about it It wo used the same I requirements that wo do tor other gratis things that wo do ror the . i elderly. , I:' , Larson/l don't think It Is worth that much trouble to koop track or Incomo ,[, , i ,. thIngs. Kubby I You mean some kInd or sliding scale where people choose where ..- they are on tho scal&. t Ambr./ I'll strike thal I don't want to hm to put them in an embarrassing I: " , position. , MeDII don't have any problem with this. I Any other discussion. t...., I i ' I, Rollcall. I, ! The resolution Is adoplod, Nov. voting no. II : I I: , i I - ......,~, .' >"" ,.-, ,.,.,.,-,... :'4"" i,.i;...""j""....''''...~._... -..._-"'.........,.........~~,....~&.W;., . 1 I' i " C/ Cf 5 8 114 pag~ I McO/Moved by Larson. s~onded by Kubby to glV~ this ftrst consld~ration. This Is an ordtnanc~ that has ~n discussed at som~ I~ngth by council the past wvml months ThOre have ~n chang~ made to the original proposal tho had ooen submitted to us. We had a discussion last mnlng at the Informal m~ting ~rtalnlng to certain requlr~ments In the ordinance. SOme of thos~ Items you might want to diSCUSS at this tim~. Courtney / Mr, Mayor, I had discussions today wtth the O,O,C. Organization and I think h& was also repr~nting the Legal Clinic. Th~y had some discussions after our m~ting last night and It was obvious In Ule discussion we had last night that there were people who would be put under a ftnanclal hardship from this. That Is maybe not an Issue that goos very deeply wtth some people but when you are talking about just a couple a local busln~s peoplo and It Is a slgnlftcant amount of money. TMy did r&Cognlze that after they left. Through some discussions ~ came up wtth what might be an acceptable compromlw to the locking device Issue In that we would not try to do this wtth what ~rc~ntage Is liquor and what ~rcentage Is food. B&cauw ~ have found In the past that those bars tend to cMat a lot on their reporting on thal We probably would not get accurate ligures coming Into us. But rather to go wtth some sort of a compromise Mre wtth thal We would have all of the clg, vending machines that are In direct su~rvlslon and dlr&Ct vision of the proprietor of Whatever business It might be, r~taurant, bar. convient store. It would be posted wtth the pro~r slgnage and so on and would be su~rvised and would not be required to have a locking device. Any of those that are out of sight and I know that that Is currenUy Illegal to have them out of slghl But In fact it Is happening and has not ooen enforced would then be required to have a locking device. This s~ms to be acceptable wtth both sides. It gets to the problem that we are trying to accomplish and that Is to prmnt minors from b&lng able to approach any machine wtthoutanybody s~lng them and buying them.. I would propow that ~ would have to defer to give l&gal a chance to rework the ordinance. It can.t b& done wtth a simple amendment to the ordinance. Horow./ I have a comment on that. I originally thought the Idea was preUy neat. El(cept right now IIstonlng to It-If we are asking anyone to enforce this to s~ that the vending machine has a lock on It then by state law we would have to arr~t them \)&Cause the vending machine was out of sight of the ~rson who was selling It, SO Ulere really wouldn't be a reason for putting a lock on Il That lust occurred to me. 'i , , I I I I I I: I ,..... I i , , , ; " ,j , ., i t' I I , I I I . I I t I :jl '"~ /' I , I I, I . ' ; I I .,~ ....- ..... .....,.:;,...,.,... 'f"':':'-"'" '..- -., I' .' "". ",C>. " ~.' ,.:, ., ~.,-' .-.c',:} . I \ t-/ q 5 q .I~ pag~ 2 \ , I I I I I r -'. I , , I " i' / ~ ' " , Courtn~y /By having this s~t up you ar~ going 00 find Ulat Ul~re Is not going to be many that Is left out of sight. Larson/ Th&re won't be any, Gentry/ TMre shouldn.t be any. Larson/ It would end up being the same as just not passing th~ ordinance 00 me. But trying 00 enforce th~ current law, Kubby/But not the whole ordnanc~. That section of the ordinance has a whol~ slew of ways thal Courtney/Plan 6 was lust 00 do away with the section of th~ locking devices totally and enforce the current location. Horow./ But adding our own penallles, Larson/I'll defer this If th~ mayor actually wants to talk about this some mor~ on another evening b&eau~ ~ certainly have spent a lot of time on il Maybe w~ need 00 do more. I want to tell you why I like the ordinance that has been drafted and amend&<! In front us with one small chang~. Th~ thing Naomi brought up. And that is I think ~ ought to hav~ locking d~vlces on all v~ndtng machines, period. I think ~veryone was willlng to vote on that to begin with. And then It makes some sense from an economic standpoint and from a reality standpoint, what the bar owners and vendors were saying, is that ~ don't have any minors In our establishment anyway. can't you exempt us. That Is what has been drafted here is an ordinance that just exempts bars that serve wine and liquor more than 60~ of their gross rev~nues. Now the only problem with that that I have heard complain&<! about Is that in the past when that kind of requlrem~nt was the reason that you could stay open on Sundays, It was the f*lIng that bars were abusing that reporting requlr~ment and not actually qualllylng. That was hundreds of dollars a W*k that was at stake there, It was a legitimate strong business for some oors that wanted to g~t in on thal SO there was a IItUe Incentive to weasel on those figures a IItUe bit. We are talking about quarters and dollars at stake here. I lust don't think the incentive to cheat on those figures is there. I think that ~ can phrase the language In such that It says that the requirement Is that they send Into the city clerk certification that more than 60~ of their revenues are in liquor and beer. And that it Is up to us II people want to check that. If peopl~ are coming in to us and th~y ar~ saying that they have that and they clearly don't-Uley ar~ a bar that do~sn't s~rv~ anything but liquor. It Is an ~asy thing to check and s~~ jf that Is UI~ cas~. We could work it tn such a way that you got to proved to our satisfaction, TM burd~n Is on you to prov~ It ,) " I' , !. , , I I L I I , \ i i: ' 1 I ! I: L j I I , ! I' I I t . I i I I --~-"'..,...,-.. ;-,:... i . -.' .-.-',~ "-,'~'-" -....--- " " , " ,I . n q b [I , -14 page 3 I I \ \ , , , , \ , ! to us so that It doesn.t b<<ome a thing where we are having to Investigate and everyone Is cheating on It, I lust don't see the potential for cheating that there was for Sunday sales at tM time that this kind of requirement was present. I guess I just don't think administratively this would have to be a burden of any kind. I thln~ It could be done fairly simply. And that is the only kind 01 concession I am W11\lng to make, You start talking about saying that only machlMs that are out of sight have to have locking devlces-everyoM Is just going to move their machlM Into sight. They are going to move it back once the heat dies down, That Is the current state of the law now that It has to be in sight. I just don't think that does anything. I would rather we either not have the locking devices or that we go with the oxemptlon only lor bars. The only reason I am willing to do that Is beCause I really do think that there aren't minors III some of these establishments. If we find out that there are, then we can clearly take that exemption out In the future. We got a pretty good law. Let's pass It with the exemptions for bars beCause they don.t have any minors. That satisfies the vending machine people, that satisfies the bar people. It Is a stronger bill than wIlat you are talking about If you say exempt everybodY that doesn't have a machine within sight. McD/ Your proposal was then In affect to eliminate the locking devices and move them within the supervision- Courtney / That would be the result of It, Nov./ I thought we were going to do that just for bars and restaurants without the 60~. To $oY that II you have a bar or If you have a restaurant that deals with mostly liquor then you can avoid the locking devices. I would also like to add to our penalty clause that is we find someoM wIlo has vlolatOO this law-either by having the machine out of sight or by allowing a minor to purchase-then we will force them to put on a lock, There will be no second chance. Larson/ I don't have any problem wiUI that either. Gentry / That Is obviously not Included In tM amendment that I proposed to you from last night, Nov./ That Is my condition for accepting an amendment. Larson/ As It Is written now, do you lose your permit to sell clgs, for a week If you sell wIlether you hm a vending machine or not. Gentry / No. Larson/ What Is now the penalty for selling ctgs to someone If you got our clgs on a counter behind you. ,....,.,._.~..._...,~._f'.."~ ,_._......- ......... c'" ,<, ! , " I I I j I , I I~ " , if ,. I , " ;! I, i' I I I .' , I . ,. I I: t I I I , 1 I ! i I, \ I t I I , I' \ i ! I i I i . ....-......, r'" , i I . I . ., F/ q b ' I '14 pagH G~ntry/lt's a violation Thm has to ~ a conviction oofore you lose your license at all, ' Lar",nl But that Is what los~s your HconsQ for a WGGk, Gentry lis a conviction, yes. Larsonl ~lIlng clgs to a minor whether it is through a machine or from oohlnd the counter. Gentry II t would hm to go to trial ttrst, Horow./ Which means time and money from our legal statt's ottlce. Larsonl Not a hard thing to prove. You either going to have It result ~use somoone saw a minor purcha~ or somoone was part of a sting o~ratlon, Horow./ I must ask the two of you, what sort of time are we talking about to prepare for a case for conviction and carry It out. GentIyll0.15 mlnuOO5 With the officer, Illtgoos to tIlal, 15-20 mlnuOO5 for the trial. Horowl And you have to go to the court house, Gentry I Right now the city attorney's doos. No Interns. tlov./ These things don't actually create a trial. Gentry I That's true. Probably 15-20~ go to trail, However, I must say that this Is a new animal and we haven't done It before and I mlly can't predict very well what the outcome Is going to be. There are going to be a lot of complaints, a lot of citations, I have no idea. Larson I I sincerely appreciate Daryl's attempts to ttnd something that strikes a balance. I diller. I like the way we decided to do It last night. The amendment that Linda prepared ~u~ for ex. bowling ally, pool hall..... ' CHANGHTAPHTO REEL 91-13 SIDE I maybe It gets moved..,back to same thing. McDI The Idea behind this thing, We all agreed when we started this. There are already laws on the books to do this. One of the reasons that w& are attempting to adopt possibly a little stricter version of that law was to emphasize the need for enforcement. Larsonl To help enforcement. McDI That's right. So why do you say that It Is not going to be enforced anyway. Why don't we lust take everything and quit WIth what we are doing and not go any further With It. Larsonl My feeling was was that the police chief said he doos not have the ~rson power to do a whole lot of enforcement here. This ordinance ;"~ -, \': - I I I -- j' , i , I , " j il 'j , " .. i ,: , , I I 'I " I I " . ,---.--...-. I, I I. , i, ' , I I I; '. j I I , , il I I , I, I I I " -, "'-.............,.~.~..;;~..\ . I' n q b 2 "14 page 5 allows some enfomment that Is my, It doosn/t make a lot of ~rson powr. It cuts down on the problem Without having to Increase enforcemenl I think we ought to Increas& the enforcement also. I think It would make It easier for the IX'lIce dpl to enforce the areas Where there are problems If they know that these vending machines have locking devices on them, I makes enforcement easier, that/s all. I still nm to establish that that Is a priority With the police depl Horow/l question something that has speclftc percentages and speciflc designation. Marian Is going to have to give the police a list of all the establishments that hm over 60~. Anything rather than yes or no I think Is compllcatOO. I.3rson/l think It does. It depends upon Whether you fHI the faIrness to those establlshmonts that might not ever have any minors In them. That we should have this exemption. Horow/If they don/t have any minors in there then they don't have anything to worry about, Larsonl They would have to put on the locking device. Horow,1 That/s Ulelr security for not bolng arrestOO In case a minor comes In. Larsonl Alii think Daryl was lOOking for Is we are talking about S40,OOO for these vending people If they equip all of their machines with locking devices. That Is a pretty good chunk. I wasn't willing to make them do that to places Where I think there aren't any minors. I think there are some bars there aren/t any minors. Kubby lit SHms like we nm more discussion. I would like to move to defer this so w McD/lInless there Is a majority that wants to vo~ on the ordinance as proposoo as it Is In front of us we are deflni~ly going to nm to defer and I guess to schodule It again. I would bo willing to consider Daryl/s amendmenl I think It Is reasonable. I think It Is enforceable and I don/t think that necessarily that Il they move it In six months from now that they are gOing to come along and say lets move It back around Ule corner. Kubby lit we defer tonight does that mean w support Daryl/s amendmenl McDI No. It means you want to takto a look at It again. Ambr I Here we go agaln..,talk to.. Karr,..and Chief Wlnklehake.., Karr I Withdraw the original motion, Larson/lt I made It, I withdraw Il McDI Movod by Horow, secondod by Ambr to deter looms" 14 and" 15. Discussion, '.."F.......~ .,.....,...-<_.., L ..-"---."" '-. .,"., '\ I I I I I. I -- j' , i , , " . " il t: I; . , , " .1 " ,. f ; ! - .m.,'--.--T I , I t I: . , " I I I I ' i ! !, , I I, , I I I .. -_.""r,.H....,~..I.<,,..;1" I I I j , I I . I .' j t-/ q b 3 -14 pag~ 6 l~ -" Horowl Y~s. I would lik~ to ~n~r Into th~ record Utt I~t~r wt rec"ived this afternoon from Graham Dam~ron, Oir. of Public Htalth of Johnson County. Th~ Jan. laUt momo. It tatka about public hoalth. Kubby I Also, Ute ~pl~ from D,O,C. J would r~ally apprecla~ your Input on Uto dill~r&nt amondmenl Gentry I Am J goIng to have some direction.., Larsonl Our n~xt discussion Will give your direction, Gentry I Tht next Informal discussion. McO/Any other discussion- Motion carries. \1 l . ~ ; I; " ii 1\ " I; i I I I , . . " , .. , ,I I' i . " :: t , ,t ,\ !: I " i " ~ : I I \ I , j . . " , " ; l' , , , [ I ': , . I I , I, 1- 'I I I , . !, I , I , I --~''''''''''-'-'l''''~''''''''';l,'''' I i I 1'1 ;li'";.t ,._i._.~....-".- ;~',J".>' ," .-........." ..~""....~;..<...,.".:l;~ , -' n q b Y Agonda lowo City City Council Rogular Council Mooting January 22, 1991 Pogo 8 Ii -- I .' i: , " I " ,\ " , I' , I I ! " " r , ! ITEM NO. 111. ioNSIDER AN ORDINANCE PROHIBmNQ THE PURCHASE OF CIClARETTES BY PERSONS UNDER THE AQE OF EIGHTEEN AND PROVIDINQ PENALnES FOR VlOLAnONS THEREOF. (First consldor. allon) Commont: SOG commont abovo. This Itom was dolol/od Itom tho January 8,1991, Councfl moollng. AcUon: '.kh :It 14 (~~.I~)_ ITEM NO. 18. ADJOURNMENT. ~~J~ ~'.ts' j, i . , H r ---- n I I i , i,' I , '. I. I; '. I I , i \ . !' I I, ! I, I j, \ ! '~-''''''-'''''''.jh;''''''I:'''iti. ....__.~~'""I !~J , . i ......-." C/qb5 After '15 Final Comments, McD/ ~fore we do adjourn I do hm one tinal comment. Many times as my colleagues Utat sit up here know. Sometimes following a day 8f~r a meeting It Is not unusual for us to get calls from Ute public constituents and citizens on possible positions we had taken Ute night before, WheUter Utey agree of disagree wlUt us. I guess I would request Utat tomorrow Utat I would ask Utat only wlUt Ute people Utat agree wlUt Mr. AmbrlS(o call him tomorrow and Ute ones Utat disagree could call him Ute next day be(ause tomorrow Is his blrUtday. And we would like him to have a nice day tomorrow. So If you disagree wlUt him walt until Thursday to call him. Ambr./ I got my usual two cards. One from my life Insurance and a nice greeting from Mike Lensing, Thanks for Ute rememberance. . -~..."..... "'i~,,,,~~_. ""..;;,'..-;,'.; .;,.........,.~..............,-- 'j I I I I l.. -- I i: i: I ;, " ;i .. :l ~ 1 p i d I I , '1 , I' , \" " I , I . I , I .. -- _.._______.n-._._.___ \, I ~ ; I " I I I ! j.. I, . " . ! I I; I:' I I , I \. I , " I I I, "-"-~--~Al , I I I . \. I,.,.;.. nAb b City of Iowa City MEMORANDUM I " , , I i I I I I I r ...... , I ., , , DA'TE: January 17, 1990 TO: City Council FROM: City Hanager RE: Informal Agendas and Heetlng Schedule January 19. 1991 Saturday 8:00 A.H. . 1:00 P.M. Council Chambers Informal Council Heetlng . Dtscusslon of FY92 Proposed 8udgat " I' , January 21. 1991 6:30 . 8:20 P.H. 6:30 P.M. 7:00 P.M. 7:10 P.M. 7:20 P.M. 7:50 P.M. 8:05 P.M. 8:15 P.M. Monday Counctl Chambers . City Conference Board Heating. Separata Aganda posted' . FY90 Financial Audit . Ravlew zcntng mattars - Summit Street Traffic Study . Cigarette Sales/Vending Ordinances . Counctl Agenda, Counctl tlma, Council committee raports . AppoIntment to the Johnson County anstta Wastewater Hanagemant District Administrative Commlttae , I I, January 22. t991 7:30 P.H. . Ragular Council Heating. Counctl Chambers February 4. t991 6:30 . 8:30 P.H. Council Chambers Informal Council Heettng . Agenda Pending Tuesday , Honday I. i Tuesday I: , I , , I I :' , February 5. 1991 . 1:30 P.H. . Regular CouncIl Heetlng . Council Chambers fENDING LIST Stormwatar Hanagement Review Sales/SolicitatIon on City Plaza Appointments to the Airport Commlsston, Broadband Telecommunications Commts. slon, HistorIc Preservation Commission. February 19, 1991 Appointment t08roadband Telecommunications Commission. Harch 5, 1991 ,......0-.... , i I I I . .... ~-~ n R ~I [I .h I / ~ ICCM mlElT APE FORM FOR..1, 2.2/ 'i I ""If , , , . j< I \ AGENDA TIME Sublect 1 It.m 1 7r 1,." CA t..t. Th ~~c!.l"t. / 'Ro I L. CA I L- 2 It.m 2 ..,: .3 .M&ko 'e Jj;. Or., +\.MArl MJ 3 IltmJ 1"7',"t,~ ~CU L ~TI-J;I()tV 4 It.m 4 I";: L rf (1.0 IJ ~ r.: ,\..,- "A I h... r DA-R.. 5 II.mS 1-,: ~ I PLANA/"',l!:- ;. 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