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HomeMy WebLinkAbout2002-08-20 Info Packet of 8/1 CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY August 1,2002 www.icgov.org I MISCELLANEOUS ITEMS IP1 City Council Meeting Schedule and Work Session Agendas IP2 Memorandum from Council Member Kanner: USA Patriot Act IP3 Letter from Tom Suter and Stephen Soboroff (KC J J) to Council Member Kanner: Concern about Public Comments IP4 Memorandum from City Manager: Senior Center IP5 Memorandum from City Manager: Purchase of Rental Units -- Parking Impact Fee IP6 Memorandum from City Manager: Pending Development Issues IP7 Memorandum from Public Works Director to City Manager: Dane Road Sanitary Sewer IP8 Memorandum from Civil Engineer Lower to City Engineer: ADA Compliant Curb Ramp Update IP9 Memorandum from City Clerk: July 15 Council Work Session IPI0 Email from Tom Saterfiel to Jann Ream: Burlington Bushes IPll Letter from Carolyn Cavitt (Stepping Up Project) to Police Chief: ICPD IP12 Letter from Jay Honohan to Carol Thompson (JC Board of Supervisors): Senior Center Funding IP13 Emait from Council Member Pfab: August 6 Community Picnic IP14 Email from Jo Hogarty to City Clerk: August 1 Highway 151 Corridor Meeting IP15 July 2002 Policy Informer (NLC) [Vanderhoet] I 08-01-02 I .=~.~,,. IP1 ~ City Council Meeting Schedule and ^u~ust~.2002 ~ Work Session Agendas (~ITY OF iOWA (~ITY www.icgov.org TENTATIVE FUTURE MEETINGS AND AGENDAS · MONDAY, AUGUST 19 Emma J. Harvat Hall 5:00p Council Work Session · Joint Meeting: Airport Commission · Neighborhood Housing Relations Task Force Recommendations · Fire Strategic Plan · ICPD Traffic Stop Practices · Remaining Agenda TBD · TUESDAY, AUGUST 20 Emma J. Harvat Hall 7:00p Council Formal Meeting · MONDAY, SEPTEMBER 2 Labor Day Holiday - City Offices Closed · MONDAY, SEPTEMBER 9 Emma J. Harvat Hall 6:30p Special Council Work Session · TUESDAY, SEPTEMBER 10 EmmaJ. HarvatHall 7:00p Special Council Formal Meeting · MONDAY, SEPTEMBER 23 Emma J. Ha/vat Hall 6:30p Special Council Work Session · TUESDAY, SEPTEMBER 24 Emma J. Harvat Hall 7:00p Special Council Formal Meeting Meeting date,~times~topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation Comprehensive Plan Update Opening of First Avenue Age of Consent 0t7 Councilqleqlber. Iow= ot7 Home Address: 630 S. Governor, #I, Iowa City, Iowa 52240 (319)338-8865 TO: City Council FROM: Steven Kanner DATE: 7/25/02 RE: Putting some local '~checks & balances" on the USA Patriot Act Last week I mentioned at the City Council meeting (7/16/02) that in response to the USA Patriot Act we should consider passing a resolution that is similar to the following Northampton, Massachusetts one:_ _ "The city of Northampton officially asks, from now ~ff~ that 'federal and state law enforcement report to th~ local Human Rights Commission all local investigations undertaken under aegis of the [USA Patriot] Act and Orders; and that the community's congressional ,~ i~ representatives actively monitor the implementation ~f the Act and Orders, and work to repeal those sections found unconstitutional. '" Apparently, similar resolutions have been passed in Cambridge, Amherst and LeverettMassachusetts, Ann Arbor, Michigan, Denver Colorado, and Berkeley California. In November, 2001 the ACLU Legislative Analysis on the USA Patriot Act had this to say about the Act: It "boosted the government's law enforcement powers while continuing a trend to cut back on the checks and balances that Americans have traditionally relied on to protect individual liberty." At the meeting, my fellow councilors rightly stated, "we need more information about the USA Patriot Act." What follows is an ACLU s%mmnary of some of the negative highlights of the Uniting and Strengthening America by Providing Appropriate tools Required to Intercept and Obstruct Terrorism (USA Patriot)Act. The next page gives a broad outline of the "USA Patriot Act's most troubling provisions," according to the ACLU. If you want more specific info read the pages that follow. It includes further analysis by the ACLU Legislative Analysis and a January 21, 2002 article by Lawrence Morahan that appeared in The Nation magazine. ~: Hum~ ~ts Commtssioners (Li~ B~kmann, Nick ~enske, Charles Major, Ked N~le~, Pa~ ~¢tish, Lucia- Mai Page, Bobby Peffer, ~ck Spooner, J~ Warre~) H~er Shank USA Patriot Act Boosts Government Powers While Cutting Back on Traditional Checks and Balances An ACLU Legislative Analysis ~This law is based on the faulty assumption that safety must come at the expense of civil liberties," said Laura W. Murphy, Director of the ACLU's Washington National Office. "The USA Patriot Act gives law enforcement agencies nationwide extraordinary new powers unchecked by meaningful judicial review." ~For immigrants," added Gregory T. Nojeim, Assoc. Dir. of the ACLU Washington Office, ~the law is a dramatic setback that gives the government the authority to detain - indefinitely in some cases - non-citizens who are not terrorists on the basis of vague allegations of a risk to national security." Among the USA Patriot Act's most troubling provisions, the ACLU said, are measures that: · Allows for indefinite detention of non-citizens who are not terrorists on minor visa violations if they cannot be deported because they are stateless, their country of origin reuses to accept them or because they would face torture in their country of origin. · Minimize judicial supervision of federal telephone amd Internet surveillance by law enforcement authorities. · Expand the ability of the government to conduct secret searches. - ~ GAve the Attorney General and the Secretary of State the power to designate domestic groups as terrorist organizations and deport any non-citizen who belongs to them. · Grant the FBI broad access to sensitive business records about individuals without having to show evidence of a crime. · Lead to large-scale fnvestigations of American citizens for ~intelligence" purposes. -2- Following are highlights of the civil liberties implications of the USA Patriot Act, which was signed into law on Friday, October 26, by President Bush. Immigration The USA Patriot Act confers new and unprecedented detention authority on the Attorney General based on vague and unspecified predictions of threats to the national security. Specifically, the new law permits the detention of non-citizens facing deportation based merely on the Attorney General's certification that he has "reasonable grounds to believe" the non-citizen endangers national security. While immigration or criminal charges must be filed within seven days, these charges need not have anything to do with terrorism, but can be minor visa violations of the kind that normally would not result in detention at all. Non-citizens ordered removed on visa violations could be indefinitely detained if they are stateless, their country of origin refuses to accept them, or they are granted relief from deportation because they would be tortured if they were returned to their country of origin. The ACLU noted that very few countries will agree to take back one of their citizens if the United States has labeled him a terrorist. Even though the Administration said it compromised on indefinite detention, in some circumstances the USA Patriot Act will fulfill the Administration's original goal of being able to imprison indefinitely someone who has never been convicted of a crime. The ACLU also noted that the bill's expanded definition of terrorism will inevitably ensnare many non- citizens who have done nothing wrong on the basis of their political beliefs and associations. For the first time, domestic groups can be labeled terrorist organizations, making membership or material support a deportable offense. Non-citizens could also be detained or deported for providing assistance to groups that are not designated as terrorist organizations at all, as long as activity of the group satisfies an extraordinarily broad definition of terrorism that covers virtually any violent activity. It would then fall on the non-citizen to prove that his or her assistance was not intended to further terrorism. Such groups as the World Trade Organization protesters, the Vieques protestors and even ~eople for the Ethical Treatment of Animals (PETA), would, on the basis of minor acts of violence or vandalism, meet this overbroad definition. Non-citizens who provide assistance to such groups -- such as paying membership dues ~~ will run the risk of detention and deportation. Wiretapping and Intelligence Surveillance The wiretapping and intelligence provisions in the USA Patriot Act sound two themes: they minit~rize the role of a judge in ensuring that law enforcement wiretapping is conducted legally and with proper justification, and they permit use of intelligence investigative authority to by-pass normal criminal procedures that protect privacy. Specifically: l. The USA Patriot Act allows the government to use its intelligence gathering power to circumvent the standard that must be met for criminal wiretaps. Currently FISA surveillance, which does not contain many of the same checks and balances that govern wiretaps for criminal purposes, can be used only when foreign intelligence gathering is the primary purpose. The new law allows use of FISA surveillance authority even if the primary purpose were a criminal investigation. Intelligence surveillance merely needs to be only a "significant" purpose. This provision authorizes unconstitutional physical searches and wiretaps: though it is searching primarily for evidence of crime, law enforcement conducts a search without probable cause of crime 2. The USA Patriot Act extends a very Iow threshold of proof for access to lnternet communications that are far more revealing than numbers dialed on a phone. Under current law, a law enforcement agent can get a pen register or trap and trace order requiring the telephone company to reveal the numbers dialed to and from a particular phone. To get such an order, law enforcement must simply certify to a judge - who must grant the order -- that the information to be obtained is "relevant to an ongoing criminal investigation." This is a very Iow level of proof, far less than probable cause. This provision apparently applies to law enforcement efforts to determine ~vhat websites a person had visited, which is like giving November 1,2001: ACLU Legislative Analysis on USA PATRIOT Act law enforcement the power - based only on its own certification -- to require the librarian to report on the books you had perused while visiting the public library. This provision extends a low standard of proof- far less than probable cause -- to actual "content" information. 3. In allowing for "nationwide service" of pen register and trap and trace orders, the law further marginalizes the role of the judiciary. It authorizes what would be the equivalent of a blank warrant in the physical world: the court issues the order, and the law enforcement agent fills in the places to be searched. This is not consistent with the important Fourth Amendment privacy protection of requiring that warrants specify the place to be searched. Under this legislation, a judge is unable to meaningfully monitor the extent to which her order was being used to access information about Internet communications. 4. The Act also grants the FBI broad access in "intelligence" investigations to records about a pemon maintained by a business. The FBI need only certify to a court that it is conducting an intelligence investigation and that the records it seeks may be relevant. With this new power, the FBI can force a business to mm over a person's educational, medical, financial, mental health and travel records based on a very low standard of proof and without meaningful judicial oversight. The ACLU noted that the FBI already had broad authority to monitor telephone and Intemet communications. Most of the changes apply not just to surveillance of terrorists, but instead to all surveillance in the United States. Law enforcement authorities -- even when they are required to obtain court orders - have great leeway under current law to investigate suspects in terrorist attacks. Current law already provided, for example, that wiretaps can be obtained for the crimes involved in terrorist attacks, including destruction of aircraft and aircraft piracy. The FBI also already had authority to intercept these communications without showing probable cause of crime for "intelligence" purposes under the Foreign Intelligence Surveillance Act. In fact., FISA wiretaps now exceed wiretapping for all domestic criminal investigations. The standards f0~p, btainigg a FlSA wiretap are lower than the standards for obtaining a criminal wiretap Criminal Justice :" '-~ The law dramatically expands the use of secret searches. Normally, a person is notified when la~ :' ' enforcement conducts a search. In some cases regarding searches for electronic informa~ti6fi, law~' enforcement authorities can get court permission to delay notification ora search. The I~A Pat~t Act te ds the authority of the government to request secret searches to every criminal case. Th~s vast expansion of power goes far beyond anything necessary to conduct terrorism investigations. The Act also allows for the broad sharing of sensitive information in criminal cases with intelligence agencies, including the CIA, the NSA, the INS and the Secret Service. It permits sharing of sensitive grand jury and wiretap information without judicial review or any safeguards regarding the future use or dissemination of such information. These information sharing authorizations and mandates effectively put the CIA back in the business of spying on Americans: Once the CIA makes clear the kind of information it seeks, law enforcement agencies can use tools like wiretaps and intelligence searches to provide data to the CIA. In fact, the law specifically gives the Director of Central Intelligence - who heads the CIA -- the power to identify domestic intelligence requirements. November 1,2001: ACLU Legislative Analysis on USA PATRIOT Act The law also creates a new crime of"domestic terrorism." The new offense threatens to transform protestors into terrorists if they engage in conduct that "involves acts dangerous to human life." Members of Operation Rescue, the Environmental Liberation Front and Greenpeace, for example, have all engaged in activities that could subject them to prosecution as terrorists. Then, under this law, the dominos begin to fall. Those who provide lodging or other assistance to these "domestic terrorists" could have their homes wiretapped and could be prosecuted. Financial Privacy The USA Patriot Act continues the unfortunate trend of expanding government access to personal financial information rather than safeguarding it against intrusion. While there is certainly a need to shut down the financial resources used to further acts of terrorism, the USA Patriot Act goes beyond its stated goal of combating international terrorism and instead reaches into innocent customers' personal financial transactions. Under the new law, financial institutions are required to monitor daily financial transactions even more closely and to share information with other federal agencies, including foreign intelligence services such as the CIA. The law also allows law enforcement and intelligence agencies to get easy access to individual credit reports in secret. The law provides for no judicial review and does not mandate that law enforcement give the person whose records are being reviewed any notice. Student Privacy The USA Patriot Act allows law enforcement officials to cast an even broader net for student information without any particularized suspicion of wrongdoing. When the changes in federal law dealing with student records privacy are combined with other information-sharing provisions contained in the new law, it becomes clear that highly personal student information will be transmitted to many federal agencies in ways likely to harm innocent students' privacy. Since September 11, law enforcement agencies from all levels of government have faced few barriers in accessing student information. According to the American Association of Collegiate Registrars and Admissions Officers, about 200 colleges and universities have turned over student information to the FBI, INS and other law enforcement officials. But law enfomement agencies wanted even easier access to a broad range of student information and the USA Patriot Act gave it to them by allowing them to receive the student data collected for the purpose of statistical research under the National Education Statistics Act. The statistics act requires the government to collect a vast amount of identifiable student information and - until now - has required it to be held in the strictest confidence without exception. The USA Patriot Act, however, eliminates that protection and - while it requires a court order - allows law enforcement agencies to get access to private student information based on a mere ce[tification that the records are relevant to an investigation. This certification, which a judge cannot challenge, is insufficient to protect the privacy of sensitive information contained in student records. http://www.aclu.org/congress/l I 10101 a. html - ~-~ The Nation Civil Liberties Groups Challenge USA Patriot Act By Lawrence Morahan CNSNews.com Senior Staff Writer Janua~ 21, 2002 (CNSNews.eom) - Three months after President Bush signed into law the controversial USA Patriot Act of 2001, a labyrinth anti-terrorism bill passed in the immediate aftermath of Sept. 11, many of the bill's provisions are coming under intense fire from civil liberties groups. In the latest barrage, John Whitehead, president of the Rutherford Institute, called the Act the "get out of jail free card for the government." "It's the bureaucrat's dream in terms of what can be done under it," said Whitehead, a constitutional watchdog and author of "Forfeiting ~Enduring Freedom' for 'Homeland Security,'" an analysis of the Justice Department's anti-terrorism initiatives. Some provisions of the Patriot Act dealt a blow to civil liberties, especially the right to privacy in online commtmications, legal analysts reported. The measure also expanded the availability of subpoenas and wiretaps, permitting the execution of search warrants without advance notice and allowing for deportation of aliens without due process. Lawmakers passed the Act, an acronym for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism," immediately after Sept. 11, and before the full text of the proposal was available to lawmakers. Moreover, lawmakers did not take sufficient time to debate or hear testimony from experts outside of law enforcement in the fields where it makes major changes, analysts said. "This thing was put together so quickly after 9-11, when there was hysteria and congressmen were afraid to say anything against it," Whitehead said. "There wasn't any debate on this subject." The act unnecessarily impinges upon Fourth Amendment protections against search and seizure violations because it significantly changes how search warrants are executed, Whitehead said. Previously, the government needed a warrant before law enforcement officials could enter a house and search an individual's property and documents. Now police can delay giving notice when conducting searches in any criminal case, allowing them to search homes and offices when the occupants are not there and telling them about it after the fact. In a sweeping anti-terrorism campaign after the Sept. 11 attacks, the Justice Department rounded up more than 1,200 people - mostly of Middle Eastern descent. Several civil fights groups and a few members of Congress have questioned the constitutionality of detentions and asked whether anti-terrorism tactics adopted by the department have been appropriate. Others have questioned how those being detained have been treated. Constitutional Challenges Expected After the Oklahoma City bombing in 1995, Congress passed an anti-terrorism bill, much of which was thrown out by the Supreme Court as being unconstitutional, said J. Bradley Jansen, deputy director of the Center for Technology Policy with the Free Congress Foundation, and an expert on the Patriot Act. " ;'~,JUL 30 ~2111.' 07 ~ JO'¢'/:'i CJ-f": i J)',~ q July 26, 2002 Stcven Kanner 630 S. Governor St. Iowa City, Ia. 52240 Dear Steven: This is our formal request for you to stop making slanderous statements about R~dio station 1630 KCJJ. We feel that your comments labeling KCJJ as hate speech, homophobic, sexist & racist are slanderous, erroneous and must be stopped IMMEDIATELY! We are also asking the City of Iowa City & the Human Rights commission to edit your slanderous remarks from the program that is being aired on city cable channel 4. Nobody at the station is ANY of these things and we want the unfounded accusations to stop. Any further events of this nature WILL result in legal action against you, the city & thc members of the Human Rights commission. Sincerely, Tom Suter Steph~J~obgroff General Manager Cc: Eleanor Dilkes, Emie Lehman, Steve Atkins & Heather Shank. .............. I:~,~"',,r~ ~x . ,~42 F~: .-~~ ~ot~e : (319) ~ City of Iowa City ir =P4 MEMORANDUM Date: July 29, 2002 To: City Council From: City Manager Re: Senior Center After much discussion, it appears that the County Board intends to take action to terminate the 28E Agreement that has existed between the City and Johnson County for approximately 20 years. This agreement has spelled out the relationship between the City and the County concerning the provision of Senior Center services on behalf of Johnson County residents. I cannot predict the next step, as that rests with the Johnson County Board of Supervisors, but I would hope at the very least they would clearly articulate what their policy is toward the provision of senior services as it relates to Johnson County residents. We cannot determine the value of a contract, whether it be the 20% that covered all services under the current agreement, or some other percentage translated into a dollar figure for certain selected services. If we were to select for reduction those services to seniors that the County wishes to preserve...well, I believe you can see the dilemma. Until we have that policy information from the County, it makes it virtually impossible for the Senior Center Commission to recommend on any type of programmatic reductions or to have the City Council act on those programmatic reductions as well as consider any sort of amended agreement with Johnson County. For the time being, it appears that we must simply wait and see what the County Board's next step will be, It appears the County Board will "shop" for a package of public services for seniors within some undisclosed budget amount. City of Iowa City MEMORANDUM Date: July 30, 2002 To: City Council From: City Manager Re: Purchase of Rental Units - Parking Impact Fee As you are aware, we collect a parking' impact fee for properties that are developed in the Near Southside. Three properties (five apartment units) have been purchased with parking impact fees. They include 504 and 510 South Capitol and 7 Harrison. The total assessed value of the three propedies is $277,000. The question arose as to whether these properties could be made available exclusively for Iow- and moderate-income persons, i.e. Section 8 vouchers. Section 8 vouchers can be used for these properties now and have been shown to families/individuals who have Section 8 vouchers. We have noticed these units are not particularly popular with families. The location does not appeal to families, and there is currently no available off-street parking or laundry hook-ups in the properties. If the Council were interested in making these exclusively Section 8, there would be a need to renovate for accessibility and likely provide off-street parking. Both would be expensive and difficult. Another idea was the possibility of selling these units and using the cash to contribute to the new parking facility at Court and Dubuque. This does meet the specific intent of the Parking Impact Fee; that is, the monies are collected for the purpose of providing additional parking in the area. Either option is possible, but our experience is that the exclusive use of Section 8 vouchers may make it more difficult to assure that these properties are income-producing and remain occupied. Currently, all units are under lease until July 31, 2003. mgdmem/PIFsec8 doc City of Iowa City MEMORANDUM Date: July 31, 2002 To: City Council From: City Manager Re: Pending Development Issues 1. An application submitted by the Good News Bible Church for a special exception to allow a religious institution in a Low Density Single Family (RS-5) Zone on property located south of Lakeside Drive. 2, An application submitted by Adalaide Morris and Wendy Deutelbaum for a special exception for a yard reduction to permit a 6 foot tall fence to be located within the front yard for property in the Medium Density Single Family (RS-8) zone at 431 Brown Street. Tp3-1cmdoc City of Iowa City MEMORANDUM Date: .luly 30, 2002 To: Steve Atkins From: Chuck Schmadeke Re: Dane Road Sanitary Sewer The Dane Road sanitary trunk sewer which extends from the interceptor sewer on the airport property to west of Highway #218, is being designed to follow the general terrain of the creek channel south of the Mormon Trek extension. This is typical design for sanitary trunk sewers since they are collection sewers depending on gravity flow that receive lateral sewers serving various developments that also depend on gravity flow. Bob Wolf and others representing his interests met with City staff on several occasions to discuss Mr. Wolf's desire to locate the sewer along the perimeter of his 40 acre tract which lies south of the airport and east of Dane Road. Locating the trunk sewer along the perimeter of the tract would necessitate excessive sewer depth of _+40 feet which is very difficult to maintain and tie in to with lateral sewers..lust picture trying to fix a broken or plugged sewer 40 feet under a street or 40 feet deep in someone's backyard. increased construction costs to follow the perimeter are estimated at _+$300,000. Mr. Wolf also desires to regrade his property and relocate the creek channel adjacent to the sewer, l'f it is along the perimeter this also creates major problems for the City. First, the City would have to agree to the grading plan which is not in compliance with the sensitive areas ordinance and second the proposed slopes are very steep and would inhibit the City's ability to construct and maintain the sewer, in addition, if the slopes fail or erode, it can be claimed the failure or erosion was the result of the sewer construction. Finally, Mr. Wolf's property is, at best, difficult to develop as he proposes because of the topography and creek location and therefore Public Works strongly recommends installing the sewer along the route of the existing creek and not alter the alignment unless and until Mr. Wolf has an approved development plan with an approved alternative alignment for the creek. cc: Ross Spitz City of Iowa City MEMORANDUM Date: July 26, 2002 To: Rick Fosse, City Engineer From: Janet Lower ~ Re: ADA COMPLIANT CURB RAMP UPDATE At the July 16, 2002 City Council Meeting, a request was made for a comprehensive list of areas in Iowa City that are still in need of ADA compliant curb ramps. At this time we do not have such a list or map and it would take a significant effort to create one. However, we do have a map showing the areas of curb ramp projects in the past. A copy of this map is attached for your reference. It is also important to note that curb ramps are routinely reconstructed as a part of capital projects and are installed in new subdivisions. We currently have an on-going list of places in need of curb ramps. This list is compiled from citizen requests and areas noted from the annual sidewalk repair program. In the past, JCCOG Transportation Planning has worked in a specific area of the City to determine where ramps are needed as well. We take the list of areas that need curb ramps and put together a package to consU-uct as many as we have funding for. They are prioritized based on citizen requests, areas near schools, and areas along arterial roads. When we receive the digital mapping beginning this fall, locations needing curb ramps will be included as a layer we construct for that mapping. As time permits staff will canvas the City and determine where ADA compliant curb ramps are still needed. · = curb ramps completed City of Iowa City MEMORANDUM Date: July 15, 2002 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 15, 2002, 6:30 PM in Emma J, Harvat HaLl Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, O'Malley, Franklin, Fosse, Long, Tallman, McCafferty, Hightshoe Tapes: 02-56, Side 2; 02-60, Both Sides; 02-61, Side 1 (A complete transcription is available in the City Clerk's Office) JOINT MEETING WITH PLANNING 8, ZONING {a.qenda item #5i, wetlands ordinance) P&Z Commission Members Bovbjerg, Chiat, Hansen, Koppes, Freerks, Shannon, and Anciaux present for discussion. PLANNING 8, ZONING ITEMS PCD Director Franklin presented information on the following items: A. Vacating 32,710 square feet of frontage road right-of-way along the front of the property at 801 Highway I West. (Carousel MotorsNAC02-00001) B. Changing the zoning designation from Medium Density Single-Family, RS-8 and Low Density Multi-Family, RM-12 to Planned Development Overlay, OPDH-20 to allow 43 elder congregate housing units on 2.12 acres of property located north of Benton Street and east of George Street. (Oaknoll/REZ02-00009) The Mayor left the room due to a conflict of interest. Mayor Pro tern Vanderhoef presiding. Franklin noted a resolution setting the public hearing on the conveyance was item #18 on the agenda. C. Public hearing on an ordinance changing the zoning designation from Medium Density Single Family, RS-8, to Historic Preservation Overlay-Medium Density Single Family, OHP- RS-8, designating 3 acres of property located at 747 West Benton Street a Historic Landmark. (Buss/REZ02-00005) Mayor returned to the room and now presiding. D. Public hearing on an ordinance changing the zoning designation from General Industrial, I-1, to Intensive Commercial, C1-1, for 1.14-acres located west of Riverside Drive south of Commercial Drive. (Gringer/REZ02-00007) Council Work Session July 15, 2002 Page 2 Franklin stated an objection had been received from Karen and David Baculis but did not represent the required 20% of the property owners within 200 feet, and therefore does not trigger the extraordinary vote of Council. E. Public hearing on an ordinance amending the Planned Development Housing (OPDH-12) preliminary plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly residents on 12.18 acres located east of Scott Boulevard and south of American Legion Road. (REZ02-00002) F. Public hearing on an ordinance changing the zoning designation from Medium Density Single Family Residential, RS-8, to Planned Development Housing Overlay, OPDH-8, for Windsor Ridge, Part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West Branch Road. (REZ02-00006) G. Public hearing on an ordinance changing the zoning designation from Low Density Single Family, RS-5, to Planned Development Housing Overlay, OPDH-5, to allow 23 single-family lots and 13 townhouse-style units in Village Green, Part XXII, a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive. (REZ02-00008) In response to Vanderhoef, Franklin stated she would verify the reference to Part 22 was consistent in all materials. H. Consider an ordinance changing the zoning designation from Neighborhood Conservation, RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation, SAO-RNC-20, for a 0.41- acre property located at 341 N. Riverside Drive. (Ape House/REZ02-00004) (First Consideration) I. Consider an ordinance amending the Sensitive Areas Ordinance to regulate isolated wetlands. (First Consideration) J. Consider an ordinance changing the zoning designation from Low Density Multi-Family Residential, RM-12, to Sensitive Areas Overlay-Low Density Multi-Family Residential, SAO- RM-12, for Lot 2 of First and Rochester subdivision, Part 1, a 38,041 square-foot property located west of First Avenue, north of Rochester Street. (REZ02-00003) (Second Consideration) AGENDA ITEMS 1. (Item #20 - Resolution adopting Assessment Schedule ...) In response to Vanderhoef, City Atty. Dilkes stated.she would research whether the hours of operation for the Johnson County Treasurer should be left in the resolution as an information tool, or be removed as the hours may change. 2. (Consent Calendar #b(3) - PCRB minutes ...) Council Member Kanner expressed interest in viewing the PCRB video. Council Member Vanderhoef stated the Clerk's office would have copies available for viewing. Council Work Session July 15, 2002 Page 3 3. Council Member Kanner requested a status on the Police Department report regarding bar visits on any type of disturbances for use in the discussion of the renewal of the alcohol ordinance. City Mgr. will follow up. 4. (Item #21 - Resolution ... 28E agreement with Coralville ... Iowa River Power Dam Renovation Project) In response to Council Member Vanderhoef, City Atty. Dilkes reviewed changes in the agreement. 5. (Item #6 - Lease agreement ... Nextel ... Capitol Street ramp space ...) City Mgr. Atkins responded to questions regarding the proposal. COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment (1) - No applications, readvertise Airport Zoning Commission (2) - No applications, readvertise PARCEL 64-1 a The Mayor noted no other proposals had been submitted to the City. CITY STEPS AMENDMENT DISCUSSION (Item #10) Council Member Wilburn stated he had a conflict of interest and left the meeting. PCD Director Franklin present for discussion. COUNCIL'S SEPTEMBER-DECEMBER SCHEDULE Council Member Wilburn returned to the meeting. After discussion the Council agreed to the following schedule: September- 9, 10 (special); 23, 24 (special) October - 7, 8 (special); 21, 22 (special) November - 4, 5; 18, 19 December - 9, 10 (special) STAFF ACTION: Prepare schedule and distribute at formal meeting the next evening. (Kart) COUNCIL TIME 1. Council Member Kanner noted the City owned houses on Harrison and Church Streets and questioned if Council would consider making them available specifically for Iow or moderate income persons. Staff will investigate use of Section 8 vouchers for City properties and report back. Council Member Vanderhoef indicated the houses were purchased from parking funds, and suggested selling the houses and using the money to retire the debt on the transportation center. Staff will research and report back. Council Work Session July 15, 2002 Page 4 2. Council Member Kanner referenced the upcoming traffic survey on Lexington, and the new policy regarding posting of notification signs to alert citizens outside of the immediate survey area. Staff will follow up on signs, and schedule for September work session. 3. Council Member Kanner inquired as to the status of the sidewalk installation on the extra lot adjacent to property owner by James Thomas on First Avenue. City Atty. Ditkes stated a letter had been received from Mr. Thomas attorney, Robed Downer, and staff was preparing a response. Council Member Kanner requested that Council be provided a copy of the letter, staff will include in next packet. 4. In response to Council Member Champion, the City Manager stated the meeting with the County on Senior Center funding cuts was scheduled for 9:00 a.m. on July 18th. Council agreed that committee members O'Donnell and Champion would attend. 5. Council Member Champion questioned when a review of the alcohol ordinance would be schedule. City Atty. Dilkes stated it would be September or October and would include the an update on concentrated efforts on sales to underage people. 6. In response to Council Member Champion, staff will investigate the absence of a street light on the corner of Clinton and Jefferson. 7. Mayor Lehman noted concerns regarding use of City letterhead by individual Council Members, and requested a copy of the current policy. Staff will provide a copy of poticy in the next packet. Meeting adjourned 9:15 PM. Marian Karr IP10 From: Sater/ACTInc@actorg Sent: Tuesday, July 30, 2002 5:27 PM To: Jann Ream Cc: *City Council; Lisa Mollenhauer; 'sater/ACTInc@act.org' Subject: Re: bushes/1235 Burlington Thanks you for the feedback. I also would appreciate you having someone look at the pine tree that is growing over the sidewalk about 10 years from the bushes toward Court Street. The limb on that tree is very Iow. Tom Satediel Jann Ream <Jann-Ream~lowa-city.org> To: *"sater/ACTInc~act.org'" <sater/ACTInc~ act .org > cc: *City Council <Council@iowa-city.orB>, Lisa Mollenhauer <Lisa-Mollenhauer@iowa-city.org> 07/30/2002 02:33 PM Subject: bushes/1235 Burlington Mr. Sater- Thank you for bringing these bushes to our attention again. We actually had Quality Care trim them back about the middle of July and I checked them right after they had been trimmed and they seemed ok. However, I think with the hard rains we have had in the last few weeks, these bushes have fallen towards the sidewalk again and now are worse than they were when you first notified us! So Quality Care has been told to go back and trim them way back from the sidewalk so this does not happen again. Hopefully they should be able to get to these bushes in the next few days. Thank you. Jann Ream - Code Enforcement Assistant 7/30/02 A COMMUNITY AND CAMPUS COALITION TO REDUCE BIN6E DRINKINB C~olyn C*vm Jim Clayton M~' Sue Coleman Oxolyn Colvin Jul), 24, 2002 Dilek Dogruysever R.J. Winkelhake, Police Chief Sarah Hansen Iowa City Pohce Department Dale Hellmg 410 East Washington St. Nick Herbold Iowa Ciu,, IA 52240 Philhp E. Jones Dear Chief Winkelhake: Nick Klenske Mar>- Khowassah On behalf of the Stepping Up Project, I xvant to thank you and the Iowa Ciw Pohcc Erme Lehman Department for supporting further enforcement of alcohol-related offenses by increasing the number of officers downtown this coming fall (The Dad/iowa., Jul}' 16, 20(12). As you Steve Parrott -know, enforcement is an integral part of the environmental prevention model that the Lane Plugge Stepping Up Project has adopted to reduce high risk drm 'king among college students. Cathy Solow Stepping Up has worked diligently over the past several years to encourage sound public Nan Trefz policy related to alcohol and to organize commuhiU, support for that policy, and the policc Ben Van Dyke deparUnent is to be congratulated for recogmzing the importance of increased enforcement of alcohol laws in preventing the problems that often accompany high-risk drin -krug. J. Patrick \%qfite Sincerely, Carolyn Cavitt Intenna Director, Stepping Up Proiect CC: City Councilors ~, .:- Jay H. Honohan, Chair Iowa City/Johnson County Senior Center 28 S. Linn Iowa City, Iowa 52240 July 24, 2002 Carol Thompson, Chair Members Board of Supervisors Johnson County, Iowa 913 S. Dubque Street Iowa City, Iowa 52240 re: Iowa City/Johnson County Senior Center Dear Carol & members of the Board I will be out of town for your next meeting at which I understand you will be taking some formal action regarding the funding of the Senior Center. I did not want you to think that my absence indicated a lack of interest in this matter. The discussion at your informal meeting appeared to indicate that you intend to terminate the present 28E agreement and may wish to negotiate a new agreement at a different level of funding. While I would still hope that you would continue the present agreement, I assume that is a losing position. If you terminate the present agreement, I do not know what the reaction of the Iowa City Council or the Senior Center Commission will be. I am speaking only for myself when I state that I am interested in negotiating a new agreement if that is your decision. That will be my position with the Council and Commission. Ve~yours, cJc~: ~io~n~ City Counci1 Steve Atkins Linda Koppin~ Senior Center Commission Marian Karr IP13 From: Irvin Pfab [ipfab@avalon.net] Sent: Wednesday, July 31, 2002 10:58 PM To: Iowa City City Council Subject: Fw: Community Picnic ..... Original Message ..... From: "Drahos, Deb" <deb.drahos@doc.state.ia.us> To: Sent: Wednesday, July 31, 2002 10:15 AM Subject: Community Picnic Attached is an invitation to a Community Picnic set for Tuesday, August 6th at 5:30 pm at S.T. Morrison Park in Coralville for National Night Out sponsored by the Johnson County Restorative Justice Task Force. invitation.doc>> eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders LOOK WHO'S COMI'NG TO DTNNER ~.estorative Just/ce °¢.~o ~o~o0 vqS/ON euo sega.~ What: A community picnic where no food or money is required; we ask only that you come with an open mind Why: Look Who is Coming to Dinner is based on the belief that community- building begins with talk and nothing encourages talk like food. NATIONAL NIGHT OUT DATE: TUESDAY, AUGUST 6TH PLACE: S.T. MORRISON PARK CORALVILLE, IOWA FW: agenda ~ Marian Karr From: Jo Hogarty [jhogarty@co.johnson.ia.us] Sent: Wednesday, July 31, 2002 1:28 PM To: 'Marian Kar~ Subject: FW: agenda Jo Hogarty Secretary Johnson County Board of Supervisors Phone: (319) 356-6000 Fax: (319)356-6036 jhogarty@co.johnson.ia.us wwwdohnson-county.com ..... Original Message From: Roman, Rob [~ai!Io;Rob,Rom~n~![nncounty,org] Sent: Wednesday, July 31, 2002 12:22 PM To: 'jhogarty~cojohnsun.ia.us' Subject: FW: agenda Please forward to City of Iowa City, City of Solon, Johnson County Board of Supervisors. Jones County will be submitting an application for a scenic byway (Military Road) from Dubuque to Iowa City. Support le~ers from cities and counties along the route need to be included. Hopefully someone from Johnson County will have an opportunity to a~end. The project steering committee will meet again in September, prior to the October 1 st application deadline. Thank you. Rob Roman Linn County Road Department 1888 County Home Road Marion, Iowa 52302 (319)892-6424 rob.roman@linncounty.org ..... Original Message From: Rosemary Rohr [ma[!to;mrohr~ia net] Sent: Monday, July 15, 2002 9:53 AM To: rob.roman@linncounty.org Subject: FW:agenda To all Steering Committee Agends 8/1/02 - Cascade. eSafe scanned this email for malicious content IMPORTANT: Do not open attachments from unrecognized senders 7/31/02 Highway 151 Corridor Visioning August 1, 2002, 7:00 p.m., Cascade city hall Steering Committee Meeting Agenda Welcome/Introductions/Announcements Recap from last meeting Subcommittee Reports · Highways 1 and 151 interchange · Community Signage · Interchange Plantings · Kitty Creek Wetland Project · Cascade visioning update · Monticello visioning update · Anamosa visioning update Update of Scenic Byway Designation - Kathy Bearce Submitted by Council Me.lberVanderhoef~ ~p~ POLICY INFO R National League of Cities July 2002 FINANCE, ADMINISTRATION AN' INTERGOVERNMENTAL ~ RELATIONS (FAIR) N LC's seven spring steering committee meetings bave concluded with the committees giving direction for Committee Leadership : ' initial drafts over the summer of policy amendments to the Chair: National Municipal Polio, (NMI') and resolutions. The Ronald Bates, Mayor, Los AlamJtos, Calif. Chairs of each committee will nreet with the Board of Vice Chairs: Directors in Mmnetonka, Minnesota, in July to discuss MargaretPeterson, CouncilMember, cross-cutting and overlapping issues. These issues include early childhood education, ho~neland security, public West ValleyCity, Utah safety techuology and international agreements. Ted Tedesco, Mayor, Ames, Iowa The committees will reconvene in the fall to deliberate and ~ inance items and issues of local control highlighted vote on the proposals developed at the spring meetings, lthe deliberations of NLC's I:inancc. Admiuistration These proposals x~ ill then be {brwarded to the entire policy and Intergovernmental Relations (FAIR) Steeriug committee membership at the Congress of Cities in Salt Comlnittee held in l.ynnwood, Washington. Lynnwood Lake City in December. Be sure to mark your calendars to Mayor Mike McKinnou and the (ity of l.ynnwood hosted the meeting. Committee Chair Rou Bates. Mayor of Los attend tile policy committee meetings on: Alamitos. Calit~)rnia. moderated thc discussions as the Wednesday, Dec. 4,2002, at 9:00 a.m. committee took an initial hook at the priority items CED, FAIR, PSCP and TIS assigned to thc Steering Committee for policy development in 2002 b5 the FAll{ Polio5 ('ommittee. ~ Wednesday, Dec. 4, 2002, at 1:00 p.m.: [ EENR~ HD and ITC Federal Role in Infrasn'ucture Finance Ihe committee disctlsSCd thc potential of increased t~deral NLC will also be soliciting proposals from direct member borrowing to lhlanCC a i>roglalll o[' local ini¢astructurc cities, individual elected ol'licials and state municipal impmxcmcnt grants or loans lifts program was origmall5 leagues this sun/lller A mailing soliciting these proposals proposed as both all anti rcccssiOllar} stimulus and as a will be sent out in mid.lul5 ~ilh a due date of Iq'ida>. wa) to attack a backlogged lihl of infi'astrt~cturc needs August 9m. [:or more inlbrmation on this process, please (}(tVCl'llJll~g magazine Ilnancc columnist..Iohn Pctersen. call the Polio5 ()Filet at (202) 626-II76. provided a pcrspcctNc on pa~t I'cdcral anti-recessionar5 programs and the cuncm budgelar5 and financial situation NLC PO Cr StuFF PSCP: Kalherine Bates, Policy Manager NI( has policx sHpptwtnlg a tCdCla[ spending progranl to (202) 626-3027: E-mai/' hates~nlc, org bc u iggctcd ~xhcn rccc.s~omnx corlditio~15 exist III local ITCand FAIR: Doug Peterso., ,5'cnior Policy Ana~lt~t Ihut mmhl bc ~ddcd h~ cx~.lm¢ pohcx and a.kcd .latl h, HD and (~D: Pamclu Kom[d. ,$'enior Po/icy Analvxl [hc CoIIIIIUltck' Xkils ZiI.o lU lc}cd *,n thc CIIIICIll hlilltl, t,[ EENR and TIS' .Jocol~lct l. ihcrman, &'~lJof Policy .4tlcl/~wt r202; 626- g042 t'. ttltli[. [iht'l'tDtZtl(}t)tlk: Oly E-commerce ~ Energy, Environment, The committee focused on how to get Congressional focus on e-commerce in order to advance NLC's adopted policy and Natural Resources (EENR) objective of federal authorization to allow states and localities to require remote (phone, mail and Interact) ~** vendors to collect currently due state and local sales and 'tJhatt~,~ ~J6~~" ' ~ !.~?:aeo':;Jli::b,¢ :::~ '~ ' use taxes. The obligation to pay is on the purchaser ~-~ ~' ~,~ ~:~ ~,~,~,~,,:~ ~ :'~ making enforcement ve, expensive if not practically ~1 ~~ '"~ impossible for retail transactions. A discussion of the cu~ent status of the Streamlined Sales Tax Project, with 32 states working together to develop a The Energy, Environment, and Natural Resources uniform and simplified state sales tax structure and I(EENR) Policy Commi~ee chose four major issnes administration, was also a major pa~ of the deliberations. [or development, including issues related to the Clean Air The committee was provided info~ation on how some Act, National Environmental Policy Act (NEPA) Review, state municipal leagues have tracked their own state's the Clean Water Act, and securi~' issues under the pa~icipation in the Streamlined Sales Tax prqiect, jurisdiction of the commi~ee. All of' these issues were discussed at the spring meeting of the steering committee, Federal Budget and Tax Issues which was held in Key Biscayne, Florida, and was hosted Reviewing NLC policies on federal tax and budget issues, by EENR Vice Chair, Mayor Joe Rasco. the committee identified a number of topics for staff to analyze for the fall meeting. Among the existiag policies Clean Air Act tim committee wants reviewed is the position advocating A special Task Force, comprised of members of the EENR that the federal government include all forms of income, Steering Committee, xvill formulate policy except interest on muuicipal bonds, in the federal iucome recommeadations on issues related to the Clean Air Act. tax base. Aloug with human health implications, the group will research MTBE (a gasoline additive used to reduce A discussion of the present federal budget and tax emissions), power plant emissions and various multi- ~itnation led the committee to adopt a motion for the N[,C pollutant proposals, New Source Review (NSR). aud other Board to consider as guidance for any discussions on thc issttes. All recommendations from the Task Force ~vill be I)deral budget the Board may have this summer [Ira [~3rwarded to the EENR Steering Committee [br its motion states that "Federal tax cuts and/or increases m approval. tDderal spendiug should only be made iu conjunction ~ith concrete legislation to achieve a balauced federal budget. NEPA Cities should be a fhll pa~ner with states and the t~dcral At'er length5 discussions on NEPA, the steering ~t*vernment in this process." committee decided to consider policy that stresses the ~'ights of local governments to participate in thc [L'dc~al h~ternational Agreements Preempting Local Authorit~ review process Concurrent reviews, public pamicipation ~nppoffing thc concept that no trade agreement should and dispute rcsolutions were also topics ofconcern tk~rthc grant [(~reign corporations legal protections snperior to group and an3 new langnage will reflect these issncs. ~hose contained in the Constitution for [J.g. ba~cd companies, the commi~ee agreed that the FAIR polic3 Clean Water Act chapter should cross-reference positions adopted b~ thc Uuder the ulnbrella topic of"Clean Water Act Issncs," thc NIC membership last December and coalained in thc I~ENR Commitlee considered citizen lawsnits t ommtmit5 and Economic Development polio5 chapter under thc ('lean Water Act and desalinization and Iht fi~llox~ing areas xxill be partictdarl5 targeted: mking~ disposal fi~rpossiblcncwpolic) langtmgc Inadditi~m. ,kef t'igJlts-t~l x~a~: /Otling and rcgnlatt~r5 m~tho~it~. ;llld I)ailx I O~ld~ ( J ¥lDI,s), storm~atcr, kkLthlC k~nlcr }he lAIR %lCclillg ('Oll/nldlCC ~il1 ii/cci ill Allies I,,~k ~ Icllccl~ C[ll'l'Cl/l pr~ihCS Cm Ihcsc meeting supporting federal grants to assist systems with eligibility variances; (3) directly funded to cities; and (4) vulnerability assessments and planning for appropriate reliable and timely. These programs should aid cities in security measures, retention and attraction of business. The importance for vulnerability assessments and planning Affordable Housing were also echoed during discussions on securing the In 2000, Congress created the bi-partisan Millennial nation's energy infrastructure. Most members on the Housing Commission (MHC) to help fashion proposals to committee felt strongly that the nation's transmission grid improve housing opportunities. After two years of and substations need to be more secure. Many also soliciting input across the country, the commission stressed the importance of diversifying energy supplies by outlined its recommendations to the committee. The researching alternative fuels and developing incentives to committee was most concerned with the MHC proposaI to use them. Improving energy efficiency is another tool allow governors to streamline [5% of federal housing identified by the committee members to help address funds distributed to the states. Committee members liked security of energy resources, the idea of allowing programs to work together more effectively by streamlining funding, but were concerned Finally, the committee discussed options for increasing about which funding sources may be used and whether it security for nuclear energy facilities. Although most of would be more effective to allow cities, rather than states, the committee was confident that the Nuclear Regulatory to consolidate funding. Commission (NRC), the federal agency that regulates the industry, is doing a good job, members believe that more As directed by the policy committee, the steering needs to be done to secure pools of spent nuclear fuels and committee also discussed: to increase emergency responder training in case of an · Rehabilitation of existing buildings; attack on a nuclear power plant. The committee does not HOPE VI Program; support the federalization of nuclear security forces, which Land assembly costs; are currently operated by the plants themselves. Provision of more housing for seniors; The EENR Steering Committee will hold its fall meeting Permanent sources of fimding for affordable housing: in September in Sheridan, Wyoming and · Relationship between housing and welfare policy. Community and Economic Community Development Block Grant (CDBG) Development (CED) There has recentl3 been extensive discussiou abont reforming CDB(i to put a stronger emphasis on benefiting Iow- and tnoderate-income families. The Administration Committee Leadership has proposed altering the cnrrent distribution lbrmula Chair: CDBG to reduce the size of grants going to richer Ruth Hopkins, CouncilMember, Prairie Village, Kan. communities, including communities in New York, Vice Chairs: Connecticnt. Pennsylvania, Califi)rnia, Florida, and David It. Senjem, CouncilMember, Rochester, Minn. : Massachusetts. According to HUlL this would redirect Anne M. Sinclair, CounciIMember, Columbia, S.C. ~ resources to the nation's poorest neighborhoods. ........... Alternatively, U.S. Representative Carrie Meek (D-FL) C ity Coancil Membcr Wil[aJohnson, Oklahoma Cit5, has proposed a bill that would change the targeting Oklahoma, hosted the spring meeting and Ruth requirements to ensure that communities receivingCDBG Ilopkins, Council Member, Prairie Village~ Kansas, would use such ~'unds to benefit only Iow- and moderate- chaired themccting. I he CED Steering Committee started income families. 'Iht committee [islened to an update on the process o1' developing NLC policy on economic these proposed rciimns and declared its opposition to the I)cvclopment Block (h-ant (('DB(;) language is in existing NI(' polio5 I lle ('[,D %leering L'onlmittcc cxalualcd thc "ht~dgc entitlement ctmmm,l~l~t'~ did nnt ~pcnd their C[)B(i lund~ podge" o~' IL~clcrall~-fimdcd CC(IIIOIIliC dexclopmcnl ill n limclx lll~lllllCi [~lC colnnllttCc directed sta['/'tn prngrams, highli~hti*~g thc ]m~st cl'JL'cti~c und those thul this p~'oblclu u~d dctcrlniac x~hclhc~ CCltatn l~clcm~ Human Development nation's public health system was stretched to the limit. The U.S. Public Health Service of the U.S. Department of (HD) Health and Human Services (HHS) provided committee members with comprehensive information about the federal government's current assistance to local governments to prepare their public health systems for future bioterrorist events. The committee was supportive of the HHS programs to provide emergency medicine and promote local and state planning, but believed more effort was needed. The committee directed staff to formulate policy regarding bioterrorism preparedness. Council Member Libby Silva, Flagstaff, Arizona, Health hosted the spring meeting and Indianapolis Councilor Today, more than 9 million children lack basic health care Rozelle Boyd chaired the meeting. The committee began coverage - with nearly 90% of them living in families with developing policy amendments on early childhood, parents who work. The committee discussed the successes xvelfare, bioterrorism preparedness, and health, and shortcomings of Medicaid and the State Children's Health Insurance Program (S-CHIP) ill providing children Early Childhood Development with health care coverage. Members focused particularly Early childhood development is one of NLC's 2002 on outreach, recertification and continuing coverage for legislative priorities and the focus of the futures work of eligible children. The committee determined that there are NLC's First Vice President John DeStefano and the NLC sections of the policy that could be strengthened to support Advisory Council. Tile committee heard from health care coverage for all children. The committee also representatives of the Bush Administration on child care discussed the lack of dental care for poor children and the and reading readiness. A local Head Start administrator nursing shortage that is affecting hospitals, long term care spoke about the colnprehensiveness and effectiveness of facilities and other health care providers across tile nation. the program for early childhood development, while a Head Start parent gave a personal perspective on the The HD Steering Committee will meet Ibc its Fall meeting program. In addition, the committee focused on parenting in Waco~ Texas. skills, child care, cognitive development and learning readiness. Welfare Reform Transportation Infrastructure [n light of the upcoming reauthorization this year of the and Services (TIS) Temporm3~ Assistance for Needy Families (TANF) block granL Bush Administration officials opened the discussion comraittee Leadership with an overview of TANF reauthorization issues '['hey Chair: noted that mm-marital births, particularly among teen Conrad W. Bowers, Mayor, Bridgeton, Mo. mothers, arc still a significant reason x~hy children grow Vice Chairs: up in poor, single parent families. In light o[' this concern, Pat Dando, Council Member, San Jose, Calif. they discussed the Administration's proposals for marriage promotion. Offering a different perspective, the Arizona Sandy Greyson, Council Member, Dallas, Tex. Coalition on Adolescent Pregnancy & Parenting outlined the importance of teen pregnancy prevention as part ot' rT~ransportation Infrastructure and Services long-term povert3 reduction. '[hc committee also ISteering Commmee, chaired b3 Ma) or Conrad discussed (l) the need lo provide ~ervices to "h~.'d to Bowers, Bridgeton. Missouri, beg*m itsanalysist~'Amm~k place" populations with signil]canl barricrq, such ah solvenc5. a~iation sCctlril5. mid xccur~t} o1' thc dcprcssion ot ~ubstancc abuse: (2} plogr~llll> tllztl help transportation s}SICI11, (inch~ding ports, public individual> hi making thc IrmlMNtm lo kko~k: :md (;1 transportahon, highk~abs, bridgch, tremolo. ~llld /~llltl~lk) wage sul'licicm 1o ~upport thcm~clx c~ and/or a lhmilx Member hkip Knight [hcsc t[*plc~ along ~ ilh Jolloxxin~ Ibc lragcd) ~*1 Ncplcmi]cr ti. zmd thc lIN I'olicx ( Ollllllttlcc I't~lirT It~formcr I'agc 4 TEA-21 Public Safety and Crime The TEA-21 Task Force, formed last year, continued its work this year with a separate meeting held before the TIS Prevention(PSCP) meeting. The Task Force discussed funding levels for the reauthorized package, funding for transit, safety programs, innovative ways to address growing traffic congestion, and whether any percentage of the gas tax should go to ~~fJl~Ommtsstoner~Btsmarcki~,D]~ securiW. All recommendations from the Task Force will [~~: ~ ~ be fo~arded to the full TIS Steering Committee for its [~~'~?~ ~:' ..... ~ Amtrak ~he Public Safety and Crime Prevention (PSCP) After hearing a presentation on Amtmk solvency, the ~Steering Committee, hosted by Morfistown, commiRee discussed the issue and will consider policy at Tennessee Council Member Kay Senter, met in May to its fall meeting that urges sustainable federal ftmding for discuss and evaluate the policy subjects chosea by the maintenance and expansion of a national passenger rail Public Safety and Crime Prevention Policy Committee for system, the 2002 PSCP policy agenda. The committee {bcused on Aviation Securi~ the impo~ance of early childhood education, public safety technology, racial profiling, immigration, and review of A resolution wri~en last year, by the TIS Committee and NLC's emergency mauagement policy. The meeting, adopted by the NLC membership on aviation security, will chaired by Bismarck, No~b Dakota Commissioaer W. be reexamined and proposed for policy adoption in the Bryce Hill, begau on Thursda) with [~ur policy NMP. The resolution cu~ently suppo~s requiring airlines subcommi~ees reviewing each of the proposed su~iects and aircra~ manufacturers to develop and implement and developing recommendations for the commi~ee aircraft security measures [br increased in-flight security, regarding next steps. expanding the Federal Air Marshal program, implementing and rigorously enforcing security clearance Early Childhood Education requirements for airpo~ personnel, and developing Committee members reviewed the current PSCP policy ou standards for the training and ce~iGcation o[ baggage and early childhood education and decided that they wonld passenger screeners. In addition, the committee will like to coordinate their work on tl~is x~ith the Iluman consider language on secm-ity at general aviation (noa Development Committee. They xxant to maintain the commercial airports) and air cargo security distiaction between qualit5 earl)' childhood cducatiou as a deterrent to crime and the mae5 otbe~ positive things that Surface Transportation Security quality care can give a child. Ihe) recommend The committee discussions on suflhce transpoaation maiataining thc distiact responsibilities o[' thc school security emphasized the need For i~dcral aud state boards, local governments und linc {L'deral goxcrmncnt governments to include local governments ~d~en creating They also recommended dixiding thc current polio> to response plans and identi~ing xulnerabilities [bt all reflect this current emphasis on carl5 childhood cducatiou modes of transportation. Spcci[Scally, the committee agreed that the Federal Transit Administratiou (FFA) Public SafetyTechnology should continue to offer grants to transil s),stems while Committee members heard presentations b) local officials researching technology that could identity, a chemical, [?om the FBI, US Attorne)'s oFl~cc and the Morristox~n biological or nuclear release ia a s)stelll Iht committee is police chief, as well as thc Policx Director ol'CriMNcl fi,' tl~c state o{' Minnesota. AFter hearing experts, thc also supportive of a dramaticallx expanded program to protect the nation's seaports Irom lcrroriq aitacks COlnlni[tce chosc lO CO{ICClI{I'alc lib ptflic} cf'{~nts on urging ('oncernmg highwa)s, bridges mid ItJlltlcJ %CCLitll). tl~c thc {~clc~al goxCl'llmClll 10 Colldtlut ;I ilali[ql~ll IiiXClltOl'X oJ I Ioridu. in %cptcmbcr fi~r il~ lall rattling I'alicF It{/ortm'r 2002 Racial Profiling and Immigration Threats to Municipal Rights-of-Way The committee had a lively discussion on racial profiling The committee received a report on a proposed resolution and is recommending expanding the policy on profiling being discussed by the National Association of Regulatory that currently exists in the PSCP Chapter. This section Utility Commissioners (NARUC). The resolution being would emphasize the need for full federal funding for considered implies that local governments are serving as training and education, standards for profiling training set barriers to the deployment of communications services by the federal government, and guidance on data due to discriminatoU/, time-consuming and unduly collection. The policy will stress the importance of expensive access policies regulating rights-of-way. The communities and states adopting policy on profiling. The resolution also discusses "the impact of setting new policy will also touch on civil liberties and liability compensation above actual and direct cost on the issues, deployment of advanced telecommunications and broadband networks." This resolution appears to be a On the issue of immigration, the committee discussed the frontal assault ou the legitimacy of municipal franchise link between immigration and profiling and determined fees on private utilities for the use of the municipal rights- that there needed to be more study by members on this of-way. issue. The committee directed staff to develop background information on the issue and bring back information to the In response, the committee drafted a resolution for committee forthe[hllmeeting, consideratiou by the NLC Board of Directors at its Review ofEmergencyPreparednessPolicy summer meeting urgiug NARUC to "start anew in In March, the policy committee directed the steering developiug an environment in which the most rapid committee to perform a comprehensive review of NLC's deployment of available technology, consistent with emergency preparedness policy. The committee decided to responsible management of municipal rights-of-way, can Occur." evaluate the policy to make sure it addresses the uniqueness of terrorism. It also decided to emphasize the Spectrum Management and Emergency Notification importance of federal funds comiug to cities as quickly as The committee received reports on the continuing possible, concentration of spectrum licenses in fewer hands, The PSCP steering committee will be meeting in Everett, particularly ill the areas of cell-phones, radio, TV, and Washington, fbr their [h[I meeting, satellite broadcasting. The committee began to discuss the implications for cities from this concentrated control both of licenses aud of programmmg content. /Inf°rmati°n In another area of spectrum and cable policy, the Technology and Communications(ITC) committee discussed public uotice systems which are operated for the public during emergencies. Tile -Committee committee requested that NI,C staff return iu the fall with Leadership [Chair: a further description ef ho,.~ much these various systems Chris Ferrell, Council Member, Nashville, Tenn. rely on federal law and regulatiou aud tile extent to which the), represent voluntar~ arrangemeuts between l/ice Chairs: broadcasters, cable systems and individual municipalities. Vieki Barnett, Council Member, Farming'ton Hills, Mich. Cable TV l Dennis Kavanaugh, Vice Mayor, Mesa, Ariz. Tile committee discussed componeuts that it wished to ~-- , consider in a revision o] tile cable TV policies at its fall meeting A particular point of discussion ~as tile recent pJrotecting Federal ('onununication ('omnlission decision to classit~ aud tit? rights-of-way. federal sale of spectrum rights, and cable I V regulator? cablc-modt:m scr,.ict' :Is il ntm cable scrxicc, thus [ech[Iolog). alld ('O~lmlt~t/iculiolls 5;leering ('ommittee meeting m I)ubuqnc. [o~xa iii Max Nashville Icuncssee [ho [I (. %tooting ( tmmmicc x~ ilt conduct il., lhll mcctiug Cotmcil Member Clui., I crrclt lcd Iht committee its chair. v~hilc [)ubtlqtlC (omlcil 'Xlcnll~cl Dan Nicholson hosted the meeting