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HomeMy WebLinkAbout2007-06-05 Transcription #2 ITEM 2 Wilburn: Karr: Reagan: Wilburn: Reagan: Wilburn: Page I PROCLAMATIONS. a) Arc of Johnson County Month: June 2007 (reads proclamation) Here to accept the proclamation is Bill Reagan, Executive Director. ( applause) Mayor and City Council, and especially to the citizens of Iowa City, on behalf of the 300 plus children and adults that we serve at the ARC of Johnson County, I would just like to give you a heartfelt thank you. Iowa City is just such a wonderful community to live, learn, work, and play in, and I think that's true for all of us, and I know it's true for all of the clients who we serve. It's a very inclusive and welcoming community, and we genuinely appreciate the support, and I accept this proclamation on behalf of our clients, employees, and staff. Thank you very much. Thank you, Bill, and I hope that new space is working out for you. It's just wonderful! We have been located and operate in Iowa City this entire 50 years.. . and we did just purchase a new building on Muscatine Avenue, so we look forward to another 50 years. Thank you. Thank you. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #3 ITEM 3 Hennessy: Wilburn: Page 2 PRESENTATION. a) Public Library Friends Foundation Mr. Mayor, Members of City Council, good evening. My name is Colin Hennessy and I'm the President ofthe Board of Directors for the Iowa City Public Library Friends Foundation. This evening it is my pleasure to present this check, in this envelope, for $100,000 - the fourth payment in our pledge of $1 million for helping the Library extension and remodeling project that was completed in 2004. Tonight this now brings our total up to $800,000. We look forward to returning again next year for another payment, and fulfilling our pledge of that $1 million in 2009. Weare very thankful for your continued support of the Library, and I'm pleased to report that this month, Library circulation and usership is up 9% over what it was last year. So, thank you very much for your continued support of the Library. Thank you. (applause) Really appreciate the tremendous work that the Friends Foundation does and the support that the community provides to the Library Foundation. Few of us were over at the Library this morning, welcoming the Library Bus downtown and even just waiting for the kids to get there, with their children. There was all kinds of traffic in the way of the cameras and things like that. So it's good to see people supporting the Library in such a strong, strong fashion. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #5 Page 3 ITEM 5 COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Wilburn: This is the time that's reserved for the public to address the Council on items that do not appear on tonight's agenda. If you wish to address the Council, please step forward to the podium, state your name for the record, and please limit your comments to five minutes or less, and just as a reminder, this is community comment. Council cannot have extensive discussion on items that you may bring up, because we've not given adequate notice to meet open records, open meetings law. Cox: My name is Monte Cox. I'm the promoter ofthe "fight night" at the Union Bar and lots of other shows and stuff around the country. Urn, we...I came yesterday to listen to some of the concerns and stuff, and I just wanted to fill in some of the blanks and the things that weren't said, to kind of let you know what is actually going on. The Police Chief, I was very pleased, he gave a very fair accounting of what he saw and stuff, and from stepping in and just watching, I think that's probably all that he could have seen, but there's a lot more that goes on and there's a lot more purpose to why we're doing the shows. It's not just a development thing for me to find fighters for me to manage down the road and such. What we do is we go to cities and we try to provide for the mixed martial artist a place for the amateurs to compete. Right now there is no such place. The State of Iowa has refused to regulate it. I tried bills twice, urn, and both times the Senate and House have refused because there's no money for them to regulate the amateur sport. The professional sport that's regulated in Iowa is done so because I wrote the law nine years ago, along with the Athletic Commission, and started the sport, and we've enjoyed nine years of doing the professional mixed martial arts in Iowa. We're the third longest state in the country. Now there's forty some states that do it. We were definitely beyond our time, before our time. At the Union Bar, what we're trying to do is we take the guys who are training in Jujitsu schools around the area, not just in Iowa City, but Cedar Rapids, Des Moines, etc., and we try and give them a way to come and compete, to...in front of people, do something that they want to do. It's a, it's a legal, a legal deal. I mean, we're...I work with the Athletic Commission closely. Urn, we've had some differences of what an amateur and pro is, but we've seemed to have worked those out. We're very open to doing whatever is necessary to accommodate concerns and such. Urn, we do take experience and things into consideration. What was said last night, yesterday, was incorrect. When the guys come up, first of all we meet them before they go into the bar. They sign up and they decide what event they want to do. If they want to just do kickboxing or boxing, that's for the less experienced people. Those are easy. They have to wear headgear, mouthpieces, giant 16-ounce gloves - they're protected in that way. They only have to fight for a minute. The more experienced people, they can do the mixed martial arts, and we give them questions: where do you train? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #5 Page 4 You know, how do you get out of a triangle choke? If.. .if we can catch people, so we try our best. We don't want anybody getting hurt. We're businessmen. You know, this is what we do. If somebody gets hurt, it looks bad on us and we usually end up up here, but you know, this is the first time that I've ever ended up up here before anything's gone wrong, and.. .or anything has, you know, has been upsetting. We've done ten weeks of, at the Union Bar, with no problems. We haven't had any fights spill out into the street, at all. We haven't had anything happen inside the bar. The Police Chief said that himself. So far we've done nothing wrong. We showed up. We did everything according to the law. We've done every precaution that we thought was necessary to make sure that these guys are taken care of. There is a nurse on hand also at all times. Every fighter gets a physical before they go in. If there's anything wrong, they're out. We do take down, like I said, their experience. Ifthey're...if one person says, 'Yeah, this is my fifth time doing it,' and another person says, 'I haven't done this yet,' we won't pair them together. You know, there's lots of times that people sign up and don't get to compete because we don't have a match. Again, we're in the business of entertainment. We're in the business of sports. It doesn't do us any good to have a 30- second fight. All right? And this sport, as the Police Chief said, is huge. I was just in Sports Illustrated last week. The.. .my fighter was on the cover. The, you know, it's on ESPN now. It's on pay-per-view. This is a giant sport that's going forward. If...I mean, some people don't like it. A lot of people don't like boxing, but that's why we do it behind closed doors. We don't do it out in the open where someone could be offended. You have to pay money to come see it. If you don't want to come see it, don't come! We're...it's fine with us, but there are hundreds and hundreds of people - we've done over 600 in one night - that do want to see it in Iowa City. They come, they watch the fights. They're.. .you know, we have good security. I just don't understand the concern when everything is going well, we haven't done anything, anything wrong. And I, you talked about splitting it with the alcohol, and you know, sports and alcohol, you know, I mean those are things that do go together. Every pro fight, every pro football game, every.. . every sport, you know. You take away the alcohol and what happens is it makes the venue that we're going to, they can't afford to have us there. That's how they make their money. Now, it's their job to make sure that these people don't drink and fight. If we need to breathalyzer those people, we'll do it. I've never had to do that before, but fine. We're not saying we won't do anything. We'll do whatever it takes, but 1. . .I hate to not be able to do this in Iowa City because that leaves all of your fighters who train here nowhere to go. You know? I am the only thing and I do all the different cities in Iowa. There's not too many places to go for these guys. So, I hope you didn't already make up your minds on this and will have an open mind and you know, consider that we have a lot of Iowans here that are working this, not This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #5 Page 5 only the bar. It's the bar's most successful night. All of my workers who work the shows, this is how they make their living. So.. .thank you. Wilburn: Thank you. Gustaveson: Good evening. My name's Craig Gustaveson. I'm the President of the Downtown Association. I have two issues I'd like to discuss with you tonight. The first one is one we've talked about before, the taxi stand issue. Urn, and I'm not going to beat a dead horse on this. You know our stand on it, uh, we do.. .would like to see it rescinded. As our letter indicated, it just seems a little unjust when we have businesses downtown that's paid a lot of money on taxes and promote the downtown through contributions to Summer of the Arts, the Englert, uh, spend thousands of dollars a year promoting downtown, and yet we're giving some of the most prime parking places away to somebody that, at least in my.. .best of my knowledge, don't contribute to those things, and we just feel like these parking places are better used by patrons of these businesses that are trying to make a livelihood downtown and we just feel like those better used to the patrons of those businesses. So if, we would like to see it completely rescinded. If you chose not to, we'd at least like to see you move the date up, or the time up, to a later date to more, around 10:00 or later, when most of the people that are coming downtown as families and people that are dining, uh, have used those spaces, and we feel like the taxis are more used for late-night goers to the bars and restaurants, urn, like I said, we're not anti-taxi. We're just a little bit more pro-downtown business. If you do go to the 10:00, the one thing we would like to discuss with you is better signage. We would like to, as the Downtown Association, sit down with either members of the City Council, staff, and administration and talk about ways we think would be better to sign these things so when people do come down that they are aware that they are taxi stands after 10:00. Uh, one of our main objectives, we don't think it was very well publicized, the way it was signed, urn, just putting up another sign in place of the other one, people didn't realize, you know, if they've been parking there for the last twenty years and they come down in the evening and they park again, all of a sudden they get ticketed or get towed and they're going, 'Why?' So we would like to discuss that. I think one of the hardest things for any of us to do, whether we're City Council, business owners, or whoever, is to step back and see things through other peoples' eyes. So for just a minute, I'd like to have you quit thinking as City Councilors and think as a consumer. Coming downtown Iowa City, you're going down Iowa Avenue or Washington. 7:00 at night, you're going to go to your favorite eatery and you see six parking places open, and there's nobody there. And my first question I would say, 'Why?' You know? If the taxi stands aren't being used, why can't I park there? And I think your intentions were good. I really do. 1.. .we agree with it, we need to make it safer for people to be using taxis late at night. We just This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #5 Wilburn: Porter: Page 6 don't feel like at 5:00 to 10:00 is the best issue, or the best time to be used. Urn, the second thing 1'd like to talk to you about is another Downtown Association issue. This year we've really gone out of our way to be more inclusive in our downtown promotions. We have sidewalk sales coming up in July, and we really reached out to all ofIowa City. The Old Capital Town Center, Sycamore Mall, Gateway One, and even some of the other businesses that are on First Avenue, urn, Paul's Discount, to include them all in our sidewalk sales this year, and for the first time in over twenty years, we've got a cooperation between all of these places of business and we're going to do it all on one weekend. Now to do this, the malls have always done theirs on Friday, Saturday, Sunday. The Downtown Association's always done ours on Thursday, Friday, and Saturday. So to accommodate everybody, we need to expand it to a four-day event. Thursday through Sunday. The current ordinance says we have six days we can use for sidewalk sales. Uh, and currently it's been used three and three. What we're asking the City Council to do is expand it to eight days, four and four. We do our sidewalk sales in July and then we also do a student sidewalk sale in September, and to, in the event that we would do this with the other shopping districts, we would like to have the eight days total. So we would like you to look at that ordinance and accommodate us. We're really working hard trying to be inclusive with other areas. We've gotten a great support from everybody, and we would like to have the City support us on this also. Thank you. Thank you. Hi, Mike Porter, Coralville, Iowa. I would like to go further with what Craig was just talking about on the taxi stands. Urn, I purposely drove around downtown before I came down here, and there are exactly zero taxis in those fifteen spots. Urn, I came down here purposely to eat dinner at Takanami last Sunday evening. It was about the same time, 7:00, 7:30 at night. There were exactly zero taxis in all those spots. There were two taxis, however, parked in metered spots in front of the Sports Column. Urn, they're just not being used. Urn, the one in front of Iowa Book, urn, which is on Iowa Avenue there, I've never seen one in that spot. Urn, I don't think the 10:00 provision is going to work, because there's eleven taxi companies, and it's a cutthroat business. The taxis fight for fares downtown. They pull up in front of the Summit, or in front of One Eyed Jakes, and wait for fares. If they're sitting over in front ofIowa Book, they ain't going to get that fare. It's real cut rate. So what I would like to ask of you is to put this on a work session, pretty soon, and talk about this, because I don't see a lot of support for these taxis anywhere. It's just.. .they're just not being used, and we're sitting at the.. .at the Summit right now, I think there's fifteen or twenty tables. Atlas was full on twenty-six. All these restaurants are real busy downtown right now, and This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #5 Wilburn: Karr: Wilburn: Porter: Wilburn: Page 7 there's less parking spaces for our customers. So, if you would consider adding that to a work session, we'd greatly appreciate it. Just for your information and for the benefit of the viewing public, at last night's work session, this item was brought up in response to a letter that was sent. The Council reiterated that it wanted to take a look by observation and hearing from our parking folks about how the spaces are, or are not being used, by observation. We set, it will be a change in ordinance, which could be done with expediting over two meetings, and so we were looking at, if it were to be amended or repealed by the August meeting, to have that done. This was a position, we put a timetable to it, but we had discussed at a prior meeting, where Mr. Gustaveson from the Downtown Association, addressed this concern with the Council and at that time, we had also informed him that we would take a look, we were going to be taking a look at this. So, it will be at a, uh, upcoming work session, most likely in July. June 18th work session, you asked for a report so that you could give staff direction for the July meeting schedule. Okay. All right. Thank you. Would anyone else care to address the Council on an item that does not appear on tonight's agenda? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #6 Page 8 ITEM 6 PLANNING AND ZONING MATTERS. d) AUTHORIZING CONVEYANCE OF A VACATED SIX-FOOT (6') WIDE PORTION OF RIGHT-OF-WAY LOCATED ALONG HOLL YWOOD BOULEVARD SOUTH OF HIGHWAY 6 AND EAST OF BROADWAY STREET TO NORDSTROM OIL COMPANY. 1. PUBLIC HEARING Wilburn: This is a public hearing. (pounds gavel) Public hearing is open. (pounds gavel) Public hearing is closed. 2. CONSIDER A RESOLUTION O'Donnell: Move the resolution. Wilburn: Moved by O'Donnell. Champion: Second. Wilburn: Seconded by Champion. Discussion? Correia: I'm wondering if there might be some interest. I know this is a sale that will bring in $14,000 of unexpected income into the City for some purpose related to either affordable housing or services to persons that are low- Income. Bailey: How would we do that, if we wanted to do something like that? Atkins: Can you hold that thought just one second. Bailey: Sure. Atkins: Because we have a line item in our General Fund Budget for.. .that is intended for us to record such purchases, or such sales, as these things. It would seem to me that you could set up a trust account whereby you just simply declare that $14,455 is hereby set aside for, and then state the purpose. I mean, that can be done, but we do have a line item in our General Fund that records these types of sales. Vanderhoef: And am I not correct that Miscellaneous Sales go into General Fund, and we budget for a certain average kind of number every year. Atkins: Yes, we do. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. ~ P~9 Vanderhoef: So it would be taking away from something else. I'm still not interested in going forward at this time with the private, with a separate foundation thing because we haven't gotten our housing report, and then looked at how we can implement whatever might come out of that report. So. . . (several talking at once). . . Correia: I mean, I think that I was also opening up the opportunity, there...in the community, there is a Children's Initiative, urn, that has.. . accepts donations for scholarships for youth who may be homeless or otherwise at need and can't afford things like, urn, registration for Babe Ruth softball, or boys' baseball, or help to purchase the sports equipment so they can participate in a soccer league, and I know that those funds are very low right now, and so given that these are funds that are coming at the end of the fiscal year, or towards the end of the fiscal year, wondering where we were on our projection of the type of income that, Dee, you were talking about, even if we took $6,000 - half of this - and donated this to the Children's Initiative. I think that that will go a long way. Champion: We still have money in our agency fund, if somebody wanted (several talking at once).. . somebody wanted to approach us as a possibility with that. We didn't spend all of that money, did we, Regenia? We have some... Bailey: Last fiscal year is hard for me to remember. Champion: I know! (laughter) I think the (several talking at once). Correia: Our contingency is $13,000 for Fiscal Year 07. I don't know where we are. Atkins: That sounds about right. I don't have that... Correia: I guess I'm requesting that.. . Vanderhoef: No, that's a good idea, though, ifthere is money left in that contingency. Champion: We do have money left in that. The other thing, though, I think putting that money in a little trust fund of some kind is not a bad idea because when we get our housing study, one of the. . .one of the problems, and Dee, you brought it up, about moving low income families into older homes and rehabbing them is a problem with lead abatement, when you use federal funds. Urn, so I wouldn't mind putting that money into a little trust fund so that when we get our housing study, we may be able to recycle some of our older houses and make the neighborhoods more mixed than they are. So, I'm...I agree with Amy, I'm in favor of putting it in a little trust fund. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #6 Page 10 Correia: To give us a kick-start for when we get that. .. Champion: Right, because that's a small amount of money, but yet it's, it could be a big amount of money in a situation, but I think if somebody wants money for a charitable cause, they need to approach the Council for the agency contingency. Elliott: I agree with everything you said being very worthwhile, but I'm not in favor of earmarking or tagging any funds. I think they should all go into a General Fund and when staff and Council meet to put together the next budget, they should have access to funds to be used wherever at that time they're deemed to have the highest priorities. So, I'd not be in favor of putting it anywhere but in the General Fund. Wilburn: Before we go further, if someone wanted to associate with this item, if someone wanted to, urn, take such action as to designating where this money goes, would they do that by offering amendment to.. .no? (unable to hear) Dilkes: .. . direction to Steve. Wilburn: Okay. Urn, and.. . and Amy, you threw in a couple things in there. You said for housing, for other services. It would be helpful for me, uh, in deciding whether I could be part of giving that direction, if you could say one or the other or both.. . okay. I work for an organization that helps administer the Children's Fund that she's discussing. Correia: For housing, I mean that's my first. Wilburn: Okay. Correia: (unable to hear) .. .so ifthere's a fourth person. Wilburn: So, Amy, Connie, urn, I would be willing. . . was there a fourth one for.. .and Regenia. Atkins: So I understand, 1'11 confirm this right now that the $14,000 is to be in a Housing Services Trust Account, or something such as that. (several talking at once) Champion: A line item in the budget, or whatever. Atkins: And a separate, you want it as a separate line item for the future? Champion: Oh, I don't know. However you want to do it. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #6 Page 11 Atkins: Most important thing is recording it by memorandum so that. .. Champion: Okay. Correia: It'll be recorded and then pulled over into the next... Atkins: It's only spent down on your authorization. Correia: Gotcha. Great! Thank you. Wilburn: Urn, did I close the public hearing? Okay. Any further discussion on this item? Roll call. Elliott: Okay. Ifwe vote.. .I'm not in favor of the use of the money designated to a particular fund so I'm voting no. Wilburn: Item carries 6-1... Elliott: Elliott. Wilburn: Elliott, thank you (laughter). I keep.. .I'm going to call you Regenia one of these days! Elliott: Remember, 1948, most valuable player! Wilburn: Okay. Vanderhoef: You were? Elliott: With the Boston Braves. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #6 Page 12 ITEM 6 PLANNING AND ZONING MATTERS. e) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 14.5 ACRES FROM HEAVY INDUSTRIAL (1-2) TO GENERAL INDUSTRIAL (1-1) AND REZONING APPROXIMATELY 36.65 ACRES TO PLANNED DEVELOPMENT OVERLAY/GENERAL INDUSTRIAL (OPD/I-l) AND APPROVING A SENSITIVE AREAS DEVELOPMENT PLAN FOR PROPERTY LOCATED NORTH OF IZAAK W ALTON ROAD EAST OF OAKCREST HILL ROAD. (REZ07-00004) (SECOND CONSIDERATION) O'Donnell: Move second consideration. Wilburn: Moved by... Bailey: I was going to expedite. O'Donnell: I withdraw. Bailey: I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and the ordinance be voted on for final passage at this time. O'Donnell: Second. Wilburn: Moved by Bailey, seconded by O'Donnell to expedite. Should I ask for any.. . Dilkes: We can do it next. Wilburn: Okay, all right. Urn, roll call. Uh, carries 7-0. Bailey: I move that the ordinance be finally adopted at this time. Champion: Second. Wilburn: Moved by Bailey, seconded by Champion. Discussion? And, if anyone has, had any Ex Parte communications associated with this item, now would be a time to disclose those. Correia: Karin, in terms of the sensitive areas, the filling and mitigations of the wetlands, urn, who.. .they're working with the DNA. I mean, who's going to be... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #6 Page 13 Franklin: DNR. Correia: DNR (laughter). Franklin: I knew what ya meant, but I had to call you on it! (laughter) And the Corps. Correia: And the.. . okay, the Army Corps of Engineers to make sure that everything is done the way it's supposed to be done and all that. Franklin: Yes. Correia: And is there ongoing maintenance? Franklin: There's ongoing monitoring. Correia: Monitoring? Franklin: Yes. Correia: And they'll be doing that as well? Franklin: Yes. Correia: Okay. Franklin: And we'll be getting a report. Correia: Okay. Thank you. Wilburn: Further discussion? Roll call. Item carries 7-0. Karr: Motion to accept correspondence. Vanderhoef: So moved. Bailey: So moved. Wilburn: Moved by Vanderhoef, seconded by Bailey to accept correspondence. All those in favor say aye. Opposed same sign. Carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #7 Page 14 ITEM 7 APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE DURABLE PAVEMENT MARKING PROJECT 2007, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a) PUBLIC HEARING Wilburn: This is a public hearing. (pounds gavel) Public hearing is open. This project consists of painting durable pavement markings, crosswalks, and railroad symbols on arterial streets on the east side of town and school areas. The Engineer's estimate is $175,980. Vanderhoef: Are we.. . excuse me. Wilburn: (pounds gavel) Public hearing is closed. b) CONSIDER A RESOLUTION Bailey: Move the resolution. Wilburn: Moved by Bailey. Champion: Second. Wilburn: Seconded by Champion. Discussion? Vanderhoef: Uh, just curious, on how well this new paint is holding up. Are we really going to be able to put it on a cycle more than annually? Davidson: We've had mixed results with the durable pavement marking program in the past. It's very sensitive in terms of being applied properly and there have been varying results based on how it has been applied. We have had some warranty work, but the contractor has under those warranties. We still think it's a really good idea because it's better than the regular paints that we use in any measurement. We're still trying to perfect exactly what we're doing, but I think particularly for the continental crosswalks, because we've developed a way to, to put those down so that vehicles don't run over them, it's when the vehicles run over them and you get the sand and the salt in the street in the winter, it's like sandpaper. We're kind of trying to perfect a system, but it's definitely better, Dee, than anything we can do in-house, and so we clearly recommend continuing... Vanderhoef: So we can see them better, but we don't necessarily get any longer life... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #7 Page 15 Davidson: No, we're.. .by all means getting longer life. Now whether it's the full three years that the product is warrantied for, that's where we've had the mixed results, but it's by all means better than the annual paint that we use with our regular program. Vanderhoef: We save on staffing and pay it out in durable paint, but if it's safety, then that's a positive. Davidson: That's right. Champion: Are we, is this going to include in the downtown area, the... Davidson: I think we did the downtown last year, because that was the highest priority. Yeah, so, we... Champion: Crosswalks are really bad. Davidson: Yeah, and we do check those and we make the contractor under the warranty if need be. Champion: I was.. .when you think about all the roads we build, why don't we put in colored cement for lines? Davidson: Actually, you will find, and you can see this with some of our crosswalks downtown where we've used brick, that when you put them in, it's very vivid, the contrast, but eventually everything just kind of grays down and you get a lot of oil on it and dirt, and it just kind of all grays out. So... we feel the durable pavement marking program is probably the best thing for keeping them visible. Champion: I hope somebody will look at that, Washington-Dubuque Street crosswalk. Those lines are really bad. Davidson: Wash-Dubuque intersection? Champion: Urn, that's just an odd intersection. You know, the stoplight is ahead of where they're supposed to stop, and I really would like to see some better markings. Just have somebody look at it. Davidson: We'll take a look at it. Champion: Because I would like to see on those white lines, big cross lines in there. I cross all the time. Somebody's going to run me over eventually! (laughter and several talking at once) Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #8 Page 16 ITEM 8 CONSIDER AN ORDINANCE AMENDING TITLE 1, CHAPTER 9- 3B OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA AND AMENDING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY TO REFLECT VARIOUS BOUNDARY CHANGES TO THE CORPORATE LIMITS OF IOWA CITY. (FIRST CONSIDERATION) Champion: Move first consideration. Bailey: Second. Wilburn: Moved by Champion, seconded by Bailey. Discussion? Champion: And do we do this, or does the County do this? I thought this was a County. . . Karr: We do it. Champion: We do it? Karr: The Auditor does the elections. We do the paperwork leading up to that. Champion: Oh. Is that your job, Marian? Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #9 ITEM 9 Bailey: Correia: Wilburn: Elliott: Wilburn: Bailey: Correia: Wilburn: Page 17 CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO PROVIDE AN EXCEPTION TO THE EIGHT (8) FOOT UNOBSTRUCTED WALKWAY REQUIREMENT IN THE CB2 AND CBS ZONES. (SECOND CONSIDERATION) I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and the ordinance be voted on for final passage at this time. Second. Moved by Bailey, seconded by Correia. Discussion? I like the idea of making sidewalk cafes more easy for restaurants to have. I think many people really enjoy it, and I'm for making this as easy to do as possible, while still maintaining some kind of integrity and safety. Roll call. Item carries 7-0. I move that the ordinance be finally adopted at this time. Second. Moved by Bailey, seconded by Correia. Discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #11 Page 18 ITEM 11 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2007 PCC PAVEMENT REHABILITATION PROJECT - BENTON STREET. Wilburn: Engineer's estimate was $275,000; Public Works and Engineering recommend award the contract to Iowa Erosion Control of Victor, Iowa, for $196,234.65. Vanderhoef: Move the resolution. Wilburn: Moved by Vanderhoef. Champion: Second. Wilburn: Seconded by Champion. Discussion? Champion: I like these low prices we're getting. Atkins: Contractors are hungry. Makes a difference. Vanderhoef: Well, half of them came in lower than the estimate. Atkins: Yep! Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 ITEM 12 Wilburn: Boothroy: Jensen: Page 19 AMENDING CITY CODE TITLE 7, ENTITLED FIRE PREVENTION AND PROTECTION, AND TITLE 17, ENTITLED BUILDING AND HOUSING TO ESTABLISH FIRE AND LIFE SAFETY REQUIREMENTS FOR NEW AND EXISTING GROUP A-2 AND B OCCUPANCIES. a) PUBLIC DISCUSSION (CONTINUED FROM 4/16, 5/1, 5/14) Weare continuing public discussion and Doug is going to give us a little update walk-through. In your packet was an information packet, a couple weeks ago was a summary of the ordinance that's in your packet tonight. We did change the ordinance to reflect the information that I sent out in the information packet, which were some changes that we have come to agreement on, in meeting with representatives of, of the businesses affected in the downtown area with regard to these life safety improvements. One of the things, before we get into the details of that where we agree, one of the areas we did not agree, and I'd like to have us talk about that first, was whether or not in addition to sprinklers, whether or not voice alarms should be required, and urn, as I mentioned in the memorandum, Roger is here to give you some information. We think it's important that at least you understand what it is that we're talking about, what the benefits are, and then we would like to have you make a decision regarding voice alarms, decide it - vote it up or down - and then we can move on to the other aspects of the ordinance, if that's what you, if you can agree with us on that. So, first I'd like to have Roger get up here and talk a little bit about voice alarms. Mr. Mayor and Council, I have some prepared comments. As the Fire Marshall for eleven years, I've had opportunity to observe from a perspective of a Code Enforcement Officer, as well as an Origin and Cause Investigator, and most recently doing additional research with respect to crowd managers and the impact on, that that can have on fire and life safety in assembly occupancies, and urn, taking that experience and the research, I've condensed it into about a twelve-minute delivery. It wasn't easy, but indulge me, please. I have about twelve minutes worth of comments. On February 20, 2003, a fast-moving fire in the Station nightclub fatally injured 100 employees and patrons, most of them otherwise healthy, young adults out for a night of fun in West Warwick, Rhode Island. This tragedy was a reminder of the enormous potential for human loss in a high-occupancy property like those collectively described as public assembly occupancy. Nationally, half of the twenty deadliest fires in U.S. history involve public assembly properties. The twentieth century has been marked with a new fire phenomenon - a single fire killing a large number of people. In the past 45 years, the only fires on This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 20 this deadliest list have been assembly fires and terrorist attacks. About 15,000 to 20,000 structure fires are reported in assembly properties every year. Supported by dramatic media coverage, these fires have become legendary for the inappropriate behavior of the occupants, the inadequacy of the buildings and providing for a safe evacuation, and the potential for such tragedies to happen again. Locally, our 114 group A-2 occupancies, which account for .6% of all Iowa City parcels. That's 114 out of just over 19,000 parcels. In the last ten years, our 114 A-2's accounted for 2.42% of our emergency incidents on the Iowa City Fire Department, 7.85% of all structure fires, and 22.44% of the estimated property loss from fire. Fortunately, no life loss events to report in that ten-year history, though we have had our near misses. Now, the following information that I have to share regarding emergency voice communication systems and human behavior in fire was taken from the following resources. First of all, the National Fire Alarm Code; secondly, the 19th Edition of the NFPA, National Fire Protection Association Handbook; 3rd Edition of the SFPE, Society of Fire Protection Engineers Handbook of Fire Protection Engineering; and numerous trade journal articles on emergency voice communication systems, and nightclub fire safety. The primary cause of death in assembly occupancy fires is delayed evacuation. As much as three-quarters of the available evacuation time, time period between the ignition of a fire and the onset of untenable conditions is wasted by individuals trying to decide what to do. The sound of a standard fire alarm in assembly occupancies is often met with indifference, by both the public and staff. People tend to be skeptical, concluding that it's either a drill or a false alarm. Despite constant efforts to educate the public as to the meaning of a fire alarm signal, that is to say, fire alarm signal equals leave immediately, this association is not automatic for every situation, and in most public buildings, occupants interpretation of the fire alarm signal is that something is happening, which is unlikely to be a fire, so we should stay put and wait to see what happens. People do not want to overreact to a fire alarm, or situation is already under control. Such avoidance or acceptance of a dangerous situation often results in delays in starting evacuation of a building, or in taking protective action. Response time depends on the characteristics of occupants. People with disabilities, the very young or very old, and those under the influence of alcohol or other drugs may need more time to respond. Response time also depends on the type of building that is on fire. A strange smell or sound of a smoke detector alarm is sufficient to trigger actions by the residents. (TAPE ENDS) Waiting for the Fire Department to arrive and assess the situation before instructing occupants is not a good idea for two reasons. First, when firefighters arrive, they expect all occupants to be in a safe location, allowing them to focus on controlling the fire, instead of performing search and rescue missions. Second, waiting the five to ten minutes it takes for firefighters to arrive could prove lethal. For example, the delay may eventually require occupants to move through smoke-filled areas, in This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 21 an attempt to reach safety. Alcohol consumption may render patrons unable to perform a normal exit. Response times will be slower, movement may be uncoordinated, people will be less inclined to obey instructions, the crowd may be more susceptible to panic, and patrons may be hostile to emergency responders. So why install a fire alarm system? Our current Fire and Building Codes minimally require standard fire alarm systems in Group A occupancy buildings, with occupant loads greater than 300, and in all buildings equipped with an automatic fire sprinkler system. A requirement to install an automatic fire sprinkler system will trigger a requirement to install at least a basic fire alarm system. The primary objective of a fire alarm signal is to notify occupants of a fire. Because the sound level in nightclubs and bars may be as high as 110 decibels, the Fire Alarm Code recommends eliminating background noise and providing sufficient house lighting, automatically via the fire alarm system. The second objective of a fire alarm signal is the expectation that occupants will immediately react. The third objective is that, upon hearing its signal, occupants will start evacuation. The final objective is that the fire alarm activation will allow sufficient time for the occupants to escape. When a fire alarm goes off in a public assembly building, firefighters often observe upon arrival that most, if not all occupants, are still in the building, continuing their activities and ignoring the fire alarm. In this case, the life safety objectives of the fire alarm signal are not met. This lack of occupant response could have tragic consequences in the event of an actual fire. After the fire alarm actuation to warn occupants, additional means to convey information will help initiate evacuation movement, such as using a voice communication system. The NFP A reports that research, and actual fires, demonstrate that receiving information through a voice communication system is one of the best ways to insure that occupants will react immediately. Occupants tend to immediately obey instructions given through the voice communication system. Staffmembers are regarded as knowledgeable. They are expected to know what's going on, what the best course of action is, and where the closest exit is. Patrons are more receptive to live messages because they consider the information more likely to be genuine. Messages should contain three essential types of information: identification of the problem, location ofthe problem, and instructions. It's been observed during evacuations that once occupants were notified of the fire and decided to leave, they often turn to their neighbors or group to discuss the best course of action. Communication among members of a group is important to insure that everybody is accounted for, to decide what to do, where to go, to confirm decisions with others, and so forth. The presence of a standard fire alarm signal can make these essential exchanges very difficult to achieve. Similarly, when dealing with large spaces or with large crowds, it is not practical to rely entirely on staff to direct occupants to safety, as the number of employees required might be very large. For such situations, it is more efficient to rely on a few well- This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 22 trained staff members and the emergency voice communication system. Safety is the inverse or opposite of risk, so greater safety means the reduction or elimination of some risk to people or property. Risk can never be entirely eliminated, so safety is never absolute. Because financial resources are the most obvious sacrifice required to decrease risk, the trade offis often called "willingness to pay." The lower the risk becomes, the more it typically costs to achieve each additional increase in safety. The Fire Safety proposals recommended by staff set forth minimum requirements established to protect the health and safety of society and attempts to represent a compromise between optimum safety and economic feasibility. Lessons learned from the tragedy of the Station nightclub in West Warwick, Rhode Island and other deadly public assembly fires have been incorporated into staff proposals, as well as model codes, such as the 2006 Edition of the Life Safety Code and Uniform Fire Code. Emergency voice communication requirements are required by the 2006 International Building Code for certain occupancies. To date, over forty occupancies in Iowa City are protected by emergency voice communication systems. Most are University buildings, but they also include the Englert Theatre, Sycamore Cinema, Proctor and Gamble, and Plaza Towers. NFPA's fire protection handbook states, and I quote, "As the cost of emergency voice alarm systems comes down closer to conventional systems, they are being used more and more by designers. They are most always required by codes in high-rise buildings, but can also be effectively used in smaller buildings. When provided with detailed information about a fire emergency, people tend to evacuate more quickly and effectively." The assembly occupancies by their nature pose unique life safety challenges. Typical characteristics include large numbers of people with a high occupancy density, and in the case of Alcohol Beverage Division license occupancies, alcohol consumption. Because of the large number of occupants, evacuation of the building will take longer when compared to other occupancies. To insure rapid evacuation, sufficient means of egress systems must be provided and maintained. It might be overly optimistic to expect that the standard fire alarm signal will warn occupants, prompt immediate action, initiate evacuation movement, and allow sufficient time to escape safely. Prompt notification must be made to the occupants and clear directions provided. This requires a well documented emergency plan, trained staff, and facility management who must not hesitate implementing the emergency plan. Fire resistive construction, automatic fire suppression systems, emergency voice communication systems, and trained staff all contribute to the safety of assembly occupancies. The level of safety provided is not the result of any single safety system or feature, but rather is achieved through the combination of multiple safeguards that are provided. Many of the thousands of non- fatal assembly fires each year are near misses that very easily could have been major tragedies. Long periods of complacency, alternating with punctuated moments of national panic, are no way to This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 23 make wise decisions about safety choices and their engineering consequences, but at the same time, it is not unreasonable to assume, as the public tends to do, that any major tragedy that could have been prevented, should have been prevented. I'll close now with my strong recommendation that you consider favorably the ordinance before you, and act to pro actively manage the fire and life safety risks associated with Group A-2 occupancies. Thank you. Wilburn: Thank you. Elliott: Roger, your statement, urn, words were well chosen, I thought, but it seemed to insinuate at least that the fire alarm system, the voice, was a stand-alone without a sprinkler system, because it insinuated if just an alarm goes off, people will sit there. Uh, I would think that the main impetus for people getting up and leaving would be the sprinkler system spewing water on them. Jensen: Well, we're talking about... Elliott: Don't they go off at the same time? Jensen: .. .they don't all go off at the same time, no. Only the sprinkler head above the fire is going to activate, and so for example, if the fire were to occur in a basement or in a kitchen, uh... Elliott: Good point. Jensen: .. .many places inside that building would not know it. Elliott: Good point. O'Donnell: Roger, did I.. .did I hear you.. .wow.. . (strange noise).. .it's echoing! Did I hear you say that people when they hear a fire alarm will not do anything because of confusion? They don't know what it is? Champion: They ignore it! O'Donnell: What do you think it.. .what do you think that they think it is when they hear the fire alarm? Jensen: I think what people are thinking is that when they walk in the door to an A-2 occupancy, they no longer feel like they have to be responsible for their own safety and well being, that others will look out for them. That if there is something that they need to take steps to preserve their own self or prevent injury that they'll be told what to do. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 24 O'Donnell: But people today are used to hearing that alarm. They have fire alarm drills as small children. You know, they practice alarm drills in their own home. Urn, I just...I really don't know how I feel about this voice activated alarm, at this point in time. Wilburn: I guess I equate what he was describing similar to people's response to the tornado system, and I've noticed a significant difference between people responding, or even asking a question, is this a test or not. The last test at the beginning of the month, couple of my neighbors. . .I was leaving the house and a couple of them came outside and it happened to be a day where there was some storm activity and they wanted to know whether or not it was a test or not, and prior to that.. .prior, I'm thinking a year ago, a year and a half ago prior to the tornado, urn, people in the neighborhood didn't really respond, and so I guess that was kind of.. .unless you've had the experience where, you know something. . . Jensen: I believe the most dramatic would have been in recent history the Mondo's fire, fire that started in an A-2 occupancy and threatened those living in the residential apartments up above, and they all heard the alarm, and they all had to be physically removed by firefighters. They all chose to ignore the alarm. Wilburn: Other questions? Bailey: You said something about, and I don't remember the distinction. People will be less inclined to respond to instructions under certain circumstances, but what would make them more likely to respond to instructions over a voice alarm system...in an A-2 occupancy, I think you were talking about alcohol consumption. What would make them even more likely to respond to a voice alarm instructions, if people typically in that situation are less likely to respond to instructions? Jensen: The contrast I was attempting to make, Regenia, was between just the horn of a standard fire alarm signal sounding. The difference between a response to that signal, as opposed to someone giving voice communication instructions, such as, "We have a fire in the kitchen,; the rear exit is no longer usable; please exit the building through the front door only." People tend to believe that information. They believe it to be more reliable, more trustworthy, and will cause them to get up and move more quickly. Wilburn: Any other questions before 1. . . Vanderhoef: Urn, Roger, I spoke with both Director Boothroy and Roger subsequent to a question I had about whether voice activation could be an add-on to a system. In other words, be able to stage this in thinking in terms of the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 25 dollars involved, and the answer I got was that this is not cost effective, number one, and a lot of the systems will not be able to upgrade that way and take a totally different kind of cabling and so forth, so that it's not, uh, a good idea in my mind. Bailey: So does that go along with elimination and also stopping other sounds, as well? Is this package, the three things come together? Jensen: That is the way it is packaged before you, yes. Bailey: Right. Is it an option to, I mean, it makes sense if the lights come up that people will pay attention. Is that something...is that a stand-alone option? Jensen: It potentially could still be incorporated. In fact, over the course of the recent past, the last three or four years, any standard fire alarm system that we've had installed in the city in A-2 occupancies, we have at least taken measures to automatically stop the interfering sounds. The loud amplified music, in oh, at least six to twelve of the existing occupancies, it will stop the sound. Now, it could be configured so that those two events could occur with a standard fire alarm system, whereby the music stops and lights come up, the purpose of which of course is to get people's attention. Here's something that you need to pay attention to. Wilburn: Does the Council wish to have public discussion around this particular aspect of this, the voice alarm (several talking at once). Okay. All right. Thank you. Champion: Roger, what sets these alarms off? Is it just heat? Is it fire? Jensen: It can, yes. In fact, ifthere were fires, let's go back to the kitchen fire and a sprinkler head fuses in the kitchen, and the water flow from the sprinkler system, that's one method of activating the alarm. Another method could be heat or smoke detectors positioned above the fire alarm control unit. We have to protect that fire alarm control panel. Another method could be a manual pull station. Champion: Does dust set them off? O'Donnell: One more quick question. Do I understand the cost is approximately $15,000, and could be another $5,000 to incorporate it into their existing electrical box? Jensen: I think those estimates are a little high. I did hear of one yesterday in one of the larger bars for everything that we have just suggested with respect to emergency voice communication, stopping the music, bringing up the lights, to include the electrician's labor, cost of cabling, all of the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 26 hardware, and it was, uh, $9,000 to $10,000 - right in that range. Total cost. O'Donnell: Was there additional cost for the electrical box? Jensen: No, that was, that was the... total package. We had received estimates prior to, urn, this discussion, Mike, from three contractors that do significant work in our city and they all three came in about $8,500 for the equipment, electrician's work, and so forth, but again, yesterday I did hear of one that was slightly higher. O'Donnell: Thank you. Wilburn: Okay. Vanderhoef: Would steam activate the systems? Jensen: Smoke alarms are susceptible to activation by steam, but in this type of environment, smoke alarms would not be installed. They would, that's never the preferred detection device in an occupancy where steam or cooking odors or smoke from tobacco are present. Vanderhoef: So how do you, what kind of alarm do you use in the kitchen if steam is not one of the activators? Jensen: Sure, well, still the best method is tying it to the sprinkler system so that if you have a fire, and of course the fire generates heat, and heat fuses the element in the sprinkler head, allows water to flow, so we can measure in the sprinkler system when water is flowing and activate the alarm based on that. Wilburn: Okay, thank you. I'll go ahead and allow public discussion. Urn, it may, since the Council is first looking at the issue of the emergency voice communication, it might be helpful to keep your comments to that part, and please don't forget to state your name for the record and limit your comments to five minutes or less. Cohen: Leah Cohen with Bo James. Thank you, Mayor, for allowing discussion just on the voice alarms. That's what we kind of wanted was to look at that. That is the one area that we strongly disagree on, and we have from day one. I had asked, I knew Roger was doing his presentation today, and I had asked that he formulate that specifically to bars, to show anything where concerned bars, any incidences where these sorts of things have been in use, and have proven effective and I don't think we heard anything in that regards. I think the places that they're using them - Plaza Tower One, the theaters, those sorts of things, if you look at where they are being This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 27 used, are malls. It's areas where there's multiple people in all these different areas that may not know anything going on. These are, you know, individual buildings that we're looking at here, but several concerns with the voice alann systems. One, the larger bars that are, urn, conforming here and will be asked to bring up to code have extensive systems. It isn't something that we would hope a fire would go very far at all because they're sprinklered. You know, to relate any of this to that horrible fire that happened, urn, in New Hampshire, wherever it happened, urn, it doesn't even relate because there was no sprinkler system there, so the sprinkler system, we're hoping, will stop fires period. I don't know that many people have ever been killed where there's a sprinkler system at all, but with that, to add the voice alarm systems to the bars that have it currently, they have a very extensive system. It is very costly for them to do it. It's not something they can just hook into their system. They have been asked and they have complied with.. .that the music goes down. The lighting, or the emergency lighting system, I believe is set off. The voice alarms are basically a P.A. system is what they are. All the large bars have P.A. systems, a lot of the small bar do. Urn, my guess would be, and certainly ifit were me that had to have one of these voice alarms, I would use it as a P.A. system. So, I don't think as far as people hearing anything different from that alann. It almost is going to be worse than an alarm because people are used to hearing P.A. systems in the bars, and they just tune them out. So I don't think that there's any way that that would make a difference with that. The other, the other concern, and probably one of the biggest concerns certainly in a large bar with a lot of alcohol and people drinking, is abuse of this system. That someone could get on that microphone and you know way whatever they wanted to say and that things could happen as a result of that. I don't think it's been proven in any way at this point in time. So just to let you know that, urn, in talking with them outside of coming to where we are at today, that we do strongly disagree with the voice alarm system. Champion: Leah, can you answer a question for me. Do a lot of the bars already have a system to turn lights on, ifthere's an emergency? Do... Cohen: Do the large bars go on with one switch? (unable to hear person in audience) Wilburn: Sir, you're going to have to come up to the microphone. Porter: At the Summit. We don't have anything at Jake's. There's a system that when the fire alarm goes off, it automatically shuts off the dance floor music and the dance floor lighting, because the theory behind that is the dance floor lighting was pretty intense, and it would interfere with the strobes that were going off so nobody would see the strobes. They were just confusing that with an effect from the dance floor. We don't have This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 28 anything that actually, right now we don't, turns lights on. We have it to turn stuff off. Champion: And how do people see to get out? Porter: Oh, we have (unable to hear). Champion: Do most bars have some kind of system that tells them, does something to let people know there's something going on? Cohen: . . . pretty extensive. Explain what you have at the Summit, as far as the fire system. Porter: Well, the fire...I don't see them in here, but we have the strobe and siren system right now. Usually you see them in most buildings that have the red boxes up on the walls with the strobe. Those are activated by either, urn, when the fire sprinkler system would go off. We had an incident at the Summit where my cook was in there, and he was flambeing the tequila down for chicken tortilla soup and manager walked in and asked him a question, he turned to answer it, it shot up and hit the sprinkler, filled the kitchen up with water, and the fire alarm goes off immediately. I think the second way to activate that is the red pull station handles, at all the exits, where you just, you know, pull up the alarm. We had that installed when we opened the Summit. Jake's does not have that. Champion: Thank you. Cohen: So the big bars in other words, the three or four that have systems now, are pretty extensive. You're going to know something's going on, there's those strobes going off and even in a small place like mine, there's an alarm that sounds, and I do have a smoke alarm. I don't know if everybody does, but I have it. It's hooked into the call system, just like everything else. It is a smoke alarm. Champion: This is another probably silly question, but I would hope that most bars certainly train their employees about emergency management. Isn't that part of a requirement? Cohen: The Fire Department did start last year, urn, with, we haven't had any follow up since that time. We did have those meetings last year and they did do training of staff, and we've had fire alarms in our places, that sort of thing, that had been done, but we've had no further follow up on that issue. Okay. Thank you. Wilburn: Thank you. Would anyone else care to address the Council related to the emergency voice communication system? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 29 Neades: I'm Rebecca Neades, Chamber of Commerce. Just a couple comments related to this, is.. .we're talking about the cost, and of course we know that they can't all be always added on to the existing systems, but don't forget the annual maintenance cost. I went out and visited a bar owner last week that has this system in. He was required to do it before he got his liquor license, before he was approved, and even before this was, you know, set in stone, and um, he said, you know, it's not just the initial cost. It's the annual cost that they have to have it maintained. Also, it's a very extensive system with strobes and whatnot, you've heard this, but just to get it set up, he said took couple days to get everything installed, but then took a full day to get the strobes set, urn, because of course they can't be going off at the same time or people with seizures will have them, and so the strobes have to be timed just right. He said that's a maintenance nightmare because every time they come out and check it, they have to recheck everything and they have to set them all off and the timing gets off, and he said that's really a big deal. It's just a maintenance nightmare is what he said. Urn, and then the last point is to, you know, the comment that we do tend to ignore alarms after they go, we've heard them so many times, and you know, I think the same thing would happen here. It doesn't take very long for us to adjust to whatever is happening around us, and so, initially a voice over alarm might prove to be something different, but any alarm that goes off very often and we know that in bars and restaurants they do go off from time to time, as in dorm rooms, urn, it's something that would be easily ignored after we heard it a couple times and so those are my comments. Thank you. Wilburn: Thank you. Anyone else on the emergency voice communication? Uh, any further Council discussion or. . .questions? Correia: I just had a question. The East Warwick fire that you mentioned, did that establishment have sprinkler system? Jensen: The Station nightclub fire in West Warwick, Rhode Island did not. Correia: It didn't have sprinklers? Jensen: Did not have sprinklers. Did have an alarm, but... Correia: An alarm, but it didn't have any sprinklers. O'Donnell: Roger, what were the circumstances of that fire? Jensen: They were, they used pyrotechnics illegally inside of a nightclub, and they had wall coverings that were very flammable and caused the fire to spread rapidly, and create voluminous amounts of toxic smoke. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 30 O'Donnell: We do not allow pyrotechnics (unable to hear), right? Jensen: We permit the use of pyrotechnics in Iowa City. We would not allow them in a bar. O'Donnell: In a bar, we don't allow it. Jensen: Right. O'Donnell: Okay, thank you. Correia: So, in all of the, all of our A-2 occupancies have a fire alarm? Jensen: No, that would not be true. No. Some do. Some don't. The only thing that the current code, Amy, would require would be for the very largest, and anything that has had sprinkler systems installed would also have alarm equipment. Correia: If you have a sprinkler you have an alarm. Jensen: That's correct. Correia: It might not be a voice alarm, but you have an alarm. Jensen: Correct. Champion: . . .do have an alarm and mine talks to me. Correia: Okay. Champion: It's pretty scary! (laughter) Correia: All right, so, if you have a sprinkler, you will have an alarm. Jensen: That's correct. Correia: Okay. Jensen: The requirement to install a sprinkler system will also include alarm, a basic alarm system. Correia: Right. So would it be similar to like what we have at the City, that there's a box that has, that makes the lights go off and, or something. I'm trying to remember what happened...I was here for the tornado. It seemed like the lights went off, then we had all these lights on the fire alarms. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 31 Jensen: Emergency lights. I think what you're referring to would actually be triggered by a loss of power. Correia: Oh, that's what... Jensen: .. .lose AC power in a building and the emergency lights would come on. Correia: Okay. Jensen: That would not come on with the fire alarm system. Correia: Okay. Jensen: What would happen would be there would be a notification appliances, so there'd be horns and strobes, and in the case ofa modem fire alarm system, it would be tied to a communicator, through the phone system, a monitoring agency, often times many states away. Minneapolis receives a signal that there's an alarm in a certain address in Iowa City, Iowa; they in turn, then, call our emergency communication center and dispatch fire units. Correia: Okay. Jensen: So, there's a local alarm for occupants, to notify them to, that there's something going on, and the signal is sent via digital alarm communicator to a monitoring agency. But nothing that would do the lights. The only thing that would currently cause lights to come on would be loss of AC power. Vanderhoef: Tell me. You said some of them have alarms, and some don't. What does the current code actually require in an A-2? Jensen: Okay. The current building code would require minimally a fire alarm system in an A-2 with an occupant load of 300 and larger. Vanderhoef: That's new? Jensen: Yes. Vanderhoef: Okay. What about existing? Jensen: Existing, we have not gone back to require anything additional beyond what the building code would have required at the time it was built. Vanderhoef: So give me a range of what you see in those older establishments. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 32 Jensen: Numbers, is that what you're asking? Vanderhoef: No. What do they have for fire safety? What does the code require for the fire safety in those. . . Jensen: Well, again Dee, it would depend when it was built, when it came into existence. The building code at that time would dictate many things, including fire protection equipment - alarms or sprinklers and such. Vanderhoef: I understand that, but what I'm trying to get at is tell me the range. When you go in for a fire safety check annually in each of these businesses, do you have to look back at that code that was there at the time it was built? Jensen: That's correct. Vanderhoef: Okay. So, what's the range, what's the worst-case scenario that we have in some of these occupancies? How little up to how much that meets what we have in today's code? Hennes: I think the worst-case scenario is nothing. Vanderhoef: And there are some like that? Okay. That's... Hennes: Best-case scenario, I would probably use the Summit, and Roger, correct me ifI'm wrong, but kills the sound and lights. It allows the alarm, the strobe and the horn, to work. Correia: And there is a sprinkler? Hennes: And there is a sprinkler system. Vanderhoef: So that's, that's the range, everything from zero, not even a smoke detector? Jensen: That's correct. Vanderhoef: They are not required in the code right now? Jensen: That's correct. Vanderhoef: Holy cow! Jensen: That's why we're here. Champion: Well, any building that has a security system probably has a smoke detector usually comes along with it, and the fire alarm. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 33 Correia: Insurance must require.. .no? My homeowner's insurance asks me that. Jensen: And the difference, Amy, would be that's where people sleep, and so where people sleep, of course, smoke detectors are very important, but in a business, assembly occupancy where people are not sleeping normally- they're awake, cognizant and able to respond, smoke alarms are less important. Champion: A smoke alarm is pretty cheap! Jensen: But it's also, the thing about a smoke alarm, Connie, is it is susceptible to problems with steam, and certainly with smoke generated from smoking, cooking odors, and so it's, it's certainly not a desirable detection device in the occupancies we're talking about. Wilburn: Just by a show of hands related to the emergency voice communication, how many... Cohen: Can I just. ..I think, I think one thing with Dee's question is a little inaccurate here. I believe restaurants that have any sort of grill system have an ansul system that is required over that grill system, so that's a fire system everywhere, in a restaurant that has food. Champion: What is that? Cohen: It's a, it's over the grills and the fryers. It's a, urn... Wilburn: Isn't it like a powder or. .. Cohen: Yeah! It's, if the flame goes too high or too much, I think it's mostly heat that sets it off. So all of us have that over our grill and fryers in a kitchen. Now a bar that does not have a kitchen would not have that, but the other thing is my guess would be that any type of establishment would have to have the, you know, portable every so many, yeah, fire extinguishers, portable fire extinguishers in them. So I don't know that anybody has nothing, but that would be probably the minimal. Vanderhoef: But, that isn't required by our code. Champion: Oh, yes! Cohen: Yes, I believe it is. Vanderhoef: That's what I was trying to get at! This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 34 Jensen: Leah is correct. Any restaurant that would have a grill, a cooking appliance for commercial cooking, would be required, and would be equipped with an extinguishing system, just above the grill. And Leah's also correct that all would have minimally two Al OBC five-pound portable fire extinguishers, 75-foot travel distance between each. Champion: And exit lights. I know the code, because they're always at me. (laughter) Wilburn: Just by a show of hands, how many Council Members are interested in the requiring the emergency communication system? Bailey: I'm interested in an aspect of it. I'm interested in the lights and sound, the lights coming up and the sound stopping, so I don't know if.. .that's what I was trying to get at. If this comes as a package, I'm interested in two- thirds of it. Wilburn: How many are interested in it as presented? That would just be Wilburn. How many are interested in a two-thirds package, consisting of the. .. Bailey: I think it makes a lot of sense to have the lights come up and the other sounds stop. I mean, that seems pretty obvious safety measure. Ifwe don't have that. . . Wilburn: And how many besides, uh, Bailey and Wilburn are interested in that? Correia: Oh, I'm interested. Vanderhoef: Let's think about that a second. Bailey: I mean, I don't know ifthat's doable. I don't want to require something that's not possible. But it seems to make a lot of sense if you're talking about getting people's attention in, you know, an occupied building. Jensen: Speak to. . .is it possible, the answer would be yes, that, uh, a standard fire alarm system, urn, is capable of doing many things. In fact, we see HV AC systems, for example, automatically shut down by fire alarm system. Doors can be held open with magnetic hold-open devices, fire alarm activates and doors close and create fire separation areas. So, certainly, as we've done in the past, Regenia, with new installations of standard fire alarm systems, it very definitely is possible to stop the confusing sounds. What we have not done is, because we didn't think we had code authority to require it, and that is to bring up house lights. We're able to, based upon the current code, include the requirement to stop interrupting and interfering sounds, based upon the requirement that you've got to be able to hear the fire alarm system in order to respond, and so with amplified This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 35 sound equipment that's producing sound levels that are at or equal to a fire alarm system, absolutely necessary to stop those. So it is possible. Elliott: Of the. . . of the, urn, aspects of an alarm system that you described, it seems to me that bringing up all the lights would be the single most important aspect, and I'm interested in cost. I've got some other remarks, but 1. . . going just on that, I'd be interested in what would the cost be, something that would just bring up all the light. Jensen: The proposal that we've sought, Bob, would draw upon a minimum requirement that currently exists in the building code, and that is ten-foot candles at thirty inches above the floor. That's a lighting requirement that currently exists in the building code, and so that was what we were seeking to establish with the activation of the alarm. Champion: And what does that mean? I don't know.. .you didn't talk about candles. I don't know what you mean. Jensen: It would bring up house lights so that everywhere in the building we would have ample light to be able to see and find an exit. Correia: So you're saying that's already in the code? Jensen: That requirement for ten-foot candles at thirty inches above the floor, that already exists, so we didn't just dream that up. We... that comes right out of the building code. We didn't dream any of this up, but.. . (laughter). Bailey: That illumination level did not necessarily...it coming up in an emergency. . . Jensen: With the activation of the fire alarm. Bailey: Right. So the illumination level is something that's already there, but the activation of, for example, if you're in a bar and the lights come up at 11 :00, you're going to notice it, absolutely! And it just seems, I mean, I agree with Bob. That would be, I think, something that would get people's attention. Jensen: It will, especially if the loud music also stops. Bailey: Right. Vanderhoef: And now compare that cost to put in that kind of a system with the complete system that also has the voice-over. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 36 Jensen: Significantly less, Dee. Those contact points would be available on a standard fire alarm system. So, it would not require hardly anything of a fire alann contractor, only an electrician to be able to configure the system so as to be able to provide that level of lighting throughout. Champion: Isn't that what the Summit has? Isn't that what you have... Bailey: Mike didn't say that the lights came up. The dance lights stop. Jensen: I guess an example of one that is so equipped would be Sycamore Cinema Center. In all of the theaters there, it'll do all of what we're proposing. If you get an alarm signal, the movie's going to stop, uh, the sound's going to stop, lights are going to come up, and a voice is going to tell you what to do. Champion: But a movie theater's a lot darker than a bar. Jensen: Well... Champion: No? Jensen: Let me take you around a few places. (laughter) Wilburn: Now we're back to.. .Rebecca, did you have something you wanted to add, on the emergency communication? Neades: Not so much the voice part, but to be compatible with the existing fire alarms that people have, the voice-over system that brings the strobes and brings up the lights is an add-on - it's something different. It's not necessarily compatible. It makes sense to me that the lights.. . you would have to have an electrician come in or something and do a w hole lighting system. So, do you have a cost on that? We don't have one tonight, but I can see that.. .there is going to be a cost separate and greater than what you would have to just have a regular fire alarm system. So... Champion: Well, I think everybody ought to have a fire alarm of some kind. Neades: Sure, yeah, and I think...I think you guys have discussed that, but I'm worried about how much of an add-on that is, and if it would be compatible with what people currently have, or they have to get a new system. So, just a concern. I don't know the answer. Bailey: Well, if we're trying to get people's attention in a safety situation, I think at some point we're going to have to set aside this discussion of cost, and I mean, this seems to make a lot of sense to bring up lights. I think we're all in close agreement about that. So I think that we should get some This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Neades: Bailey: N eades: Bailey: Elliott: Bailey: Elliott: Bailey: Correia: Boothroy: Correia: Boothroy: Correia: Boothroy: Correia: Boothroy: Correia: Boothroy: Page 37 information, but I don't think that that will sway my opinion very much when we're talking about safety. But I would assume then you would probably want to do it elsewhere besides just bars and restaurants. We haven't discussed that yet. Theaters. We haven't discussed that yet. I'm not in favor of setting aside cost. The City has decided some time ago, it is setting aside cost when it comes to public safety. The City has made that, the City has decided it cannot spend an amount equal to about 1 % of its budget for public safety, for a fire station on the north side. I am not going to set aside cost for private businesses. Well, I'm not going to nickel and dime public safety. We already are. Not in my opinion, Bob. Ijust have a question. So, in the memo from May 24th. You're talking about the one that went out in the information packet? Yes, the memo on the, in the May 24th info packet. Okay. Requirement number one, when you have the list of establishments that needs sprinklers and voice alarms, those are current establishments that don't have sprinklers, correct? On the left side, urn... One through six. They don't have sprinklers, and as I understand, the consensus tonight, uh, they would not have to have voice alarms. No, no, that's not my question. Oh, okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 38 Correia: You're going ahead of me. Boothroy: I guess. . .I thought you were trying to understand how. . . Correia: No, I'm trying to understand.. .so those folks don't have sprinklers and they don't have fire alarms currently. Champion: V oice alarms. Boothroy: V oice alarms. Correia: So they could have fire alarms? They're not required to. They could have them. We don't know? Boothroy: Well, Roger might know, but I don't know...I can't answer that question. Correia: Okay. And then on the right hand side where there's the voice alarms and there's a seven businesses, all of those have sprinklers. Boothroy: That's correct. Correia: And if they have a sprinkler, they have ari alarm system attached to it. Boothroy: That's correct. Correia: That might do a variety of things, but it's shooting off. . . Boothroy: They have both sprinklers and alarms. Correia: Sprinklers and alarms. Boothroy: That's right. That seven. Correia: What I'm wondering is if we for establishments that already have sprinklers and alarms that we say, 'You're in compliance from what you have.' They've invested funds, money, into these systems. It could be, I mean... Boothroy: You're talking about the lighting issue now? Correia: I'm just talking about. . . that they have safety. . . Boothroy: If you take.. .if voice, as I understand it, voice alarms are, there is.. .there aren't four votes to require voice alarms specifically. So if that's the case, those one through seven are in compliance, and there is no additional work This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Correia: Boothroy: Correia: Boothroy: Correia: Boothroy: Correia: Boothroy: Elliott: Boothroy: Jensen: Elliott: Boothroy: Page 39 required, unless you get into this discussion, require I should say, the, uh, lighting feature that we just talked about. Right. Then they would not have that, and so they would still be non-compliant. But if, if.. . yeah, right, so... I mean, I think that, you know, in the best situation, you know, in the best of situations, we would have the lights come up, but I also think that, you know, you give us the example of the West Warwick, Rhode Island where there's nothing.. . and this is what happened, and we have these seven establishments that have sprinklers and alarm systems. So, I mean, I'm feeling confident that folks are safe in an emergency. Well, we've stated that with sprinklers there are.. . Roger can correct me, but as I recall in his presentation, there have not been any death in assembly occupancies as a result of sprinklers being in place. Okay, okay. So it does, it does protect life. Okay, so I guess I'm feeling confident with when there's already sprinklers with their associated alarms that people are safe. Certainly safer than if neither of those things. . . Absolutely! In your previous comments, not yours but collectively, the indication was from national statistics that the single most important aspect at saving lives and protecting property was sprinkler systems. That was the number one, single most important, as I recall, correct me if I'm wrong. Isn't that correct, Roger, that sprinklers are most important for saving lives and property? I don't know. It's very important. I don't know if it's the single most.. . I just recall that. Now maybe I'm wrong. The point I tried to make tonight, Bob, is that it's really a mistake to put all your faith in one system, that it's really a combination of having an emergency plan, an evacuation plan, having trained staff, um, having the wherewithal to implement that, if necessary. Um, preferably having a type of construction that's not conducive to the kind of configuration at the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 40 Station nightclub fire. Urn, having a trained crowd managers that are watchful of emergency exit routes and making sure that we don't block them with chairs or tables. It's additionally having built-in fire protection equipment, such as automatic suppression systems and urn, if I had my way, emergency (TAPE ENDS) Champion: .. . and I personally think sprinkler systems should be in place. Wilburn: But, Connie, excuse me for a minute. Let me interrupt, uh, I had a request for a break. I was attempting to see if we could come to a resolution as to whether or not there was support for the voice systems, and apparently there are not. Ifwe're going to continue other nuances of that, we'll have to take it up after a ten-minute break. So, back at quarter 'til. (TAPE OFF) Wilburn: Ready, Marian? Well, just to recap where we were when we left off, there was not agreement, there was not enough agreement for the voice alarms within fifteen years to proceed forward with that. Vanderhoef: I would consider, uh, making sure that it stays in there for all new construction. Champion: I don't know ifit's necessary. Urn, Dee, because a sprinkler system, to me personally, is the most important part of this whole fire code. Didn't we do a demonstration. . . we had a van or something out here that showed us how fast a sprinkler system went off and.. .so I'm quite comfortable with the sprinkler system, minus the voice alarm, and I think it was stated that nobody's ever died in a building that has a sprinkler system, and urn, frankly working on a bum unit, I totally loved sprinkler systems. It's not any fun to have, to be burned. Life threatening is emotionally threatening, so I would say that we drop the whole voice alarm thing. I think everybody should have a fire alarm of some kind and anybody who has a security system will have a fire alarm attached to that. Isn't that correct? Boothroy: I don't know the answer to that. Champion: It's part of the system. Boothroy: Security systems, I don't... Correia: Well, we have stated if they have a sprinkler, they're going to have a fire alarm. Boothroy: That's correct. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Correia: Boothroy: Correia: Boothroy: Correia: Boothroy: Bailey: Boothroy: Bailey: Boothroy: Bailey: Champion: Boothroy: Page 41 And so, when.. . and when you put in a sprinkler and an alarm system from scratch, it's not there already, is it pretty easy to then say we want this fire alarm to include lights up? Versus retrofitting... I understand that it can be done, yes. It's not something that.. .it's more complicated.. .it's always more complicated to retrofit. Right, so, I mean, there could be... It could be done from the... . . .no existing, either new. . . I think one of the things that I wanted to.. . since we've sort of moved beyond voice alarms, what we sent out to you in the packet was where staff and our meetings with representatives of the downtown businesses affected have come to agreement, and that means that if voice alarms comes off the table, then we're just back to the sprinkling requirement with the alarms, and the light, course the cutting the lights as part of that package, which is no additional cost. I understand the interest in looking at the lighting system and maybe that's something we should look at at some future point in time, but we have made progress. We have got support for what we have done to date. In general we have support, I should say, and I would not like to, uh, mess that up, I guess. (laughter) And it is a process. It's a balancing of these things. This is a very good document in terms of protecting life safety. It provides, uh, we're in agreement in terms of the time periods to bring compliance, it targets high occupancies, it targets above and below businesses, and it gives those businesses that are less hazardous and stand alone, single-occupancy businesses - they're not required to comply immediately, unless they sell the business. So... It's not a point at which everybody must be in compliance in this. On point number three, there is not a point. It's change of ownership. Right. Uh... It's change of ownership. There's not a point in the future where everybody will absolutely be compliant. Oh, yeah, everybody will change ownership. We all die. There isn't a date in the ordinance though. There's not a date specific. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 42 Bailey: Right. And I've been really interested in seeing that. Boothroy: All I was trying to say is, we've come to (laughter and people talking).. .how did you mean that? I wasn't (laughter).. . anyway, and so I'd like to see us move forward as much, if we can, on the features that we've got because we've got to a point where we've made progress and I, as I said, I'm afraid that if we can't agree on that then things start to unravel again and we start going back. Bailey: I have some questions. Champion: I have a few more too. Boothroy: Well, whoever wants to go first. This is not fight night. (laughter and several talking) Vanderhoef: Can I follow up on what he just said though? Wilburn: Why don't you go ahead and follow up.. .Dee, go ahead and follow up on that one point and then Regenia had asked before if she could have a walk through with some things. So go ahead. Vanderhoef: You just said that we were not, you didn't want to delay this any longer, but I still don't know what the cost is on the light situation to bring lights up. Boothroy: And I'm suggesting that we don't put that on the table, because... Vanderhoef: But you said bring it back another time, and that's what I'm... Boothroy: It could be brought back another time, if you wish. Vanderhoef: I know, and ifit's going to be brought back, say in three years after we've already gone through some of this stuff and people all at once find out that, uh, well, I could have done it. Boothroy: No, what I was.. .what I was anticipating is that we are going through the International Code amendments, which will be corning to you first of August or the end of July and that would be when you could readdress that particular issue, but... but if you would so chose. Vanderhoef: But that doesn't address the cost! Boothroy: No, we would provide those costs for you at that time that you reconsider, uh, the Fire Code and the Building Code in July. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 43 Vanderhoef: So you're saying we would address it... Boothroy: In about sixty days. Dilkes: Doug, you're talking with respect to new businesses. Boothroy: Right. Di1kes: Do you understand that? When he says we're going to talk to you about the Fire Code in sixty days, we're talking about just the changes that apply to new businesses, not this stuff. Vanderhoef: Fine, that's the piece I needed. Thank you, Eleanor. Boothroy: Okay. Wilburn: Okay, Regenia, go ahead and... Bailey: Okay, so there's nothing in here that brings everybody to compliance at a certain date in time. Boothroy: Yes, that's correct. Bailey: And I still think that that's a problem, and then in section, just reading down and sort of going through this by line, urn... Boothroy: You mean the ordinance or the memo? Bailey: In the ordinance. Boothroy: Okay. Bailey: Just because.. .this is what I've got to understand so we can actually move forward on a vote. Urn, the new Group A-2 occupancies that... Boothroy: What page are you on? I'm sorry. Bailey: I'm on the ordinance, in our packet, in Section 903.2.1.2 - it's about... Boothroy: Got it! Bailey: .. . half way down. Boothroy: Tim, you want to.. .I'll have Tim address, because he... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 44 Bailey: It's Item A. So that's new Group A-2 occupancies that don't necessarily have liquor license, correct? Boothroy: That is correct. Bailey: Okay, because I had some questions on that, and then the existing A-2 and Group B occupancies without liquor license, urn, will be exempted, if they don't have liquor licenses, correct? Hennes: That is correct. The only B is... Bailey: And then going to the next page... this under Section 907.2.1 - the exception. This is except for Group A-2 occupancies, it doesn't mater whether they have an alcohol license or not, correct? Hennes: That is correct. Bailey: All right. Hennes: And that is only for new construction. Bailey: Uh-huh. Okay. And then we're crossing out this voice part. Okay. I think that that seems pretty clear to me. So then the new A-2's that need to comply, or the A-2's that need to comply are the new. Hennes: Correct. Bailey: Got it. Champion: I just.. . are you done, Regenia? Bailey: Yes. Champion: I'm going to talk a little bit about the above and below the ground. Urn, I'm going to talk about Dublin Underground who has a sprinkler system. I called the people who service that, and they say it does have pressure in it and it functions, and I think it's unfair for somebody who has a system that they've maintained all these years and actually put a lot of money into it in the beginning to have to replace a system that is functioning. Wilburn: I think the comment. . . Hennes: Roger will have to talk to that because he's inspected it. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 45 Wilburn: I think the comment that Roger made last time was that there was no one who would certify, that there's probably a difference between functioning and would certify.. . somebody who... Jensen: To the best of our knowledge, that was put in by a plumber and not by a fire sprinkler contractor. Champion: No. It's a fire... Jensen: I understand what it is. It looks very much like a sprinkler system, but a licensed fire sprinkler contractor will not certify that that is going to function as a sprinkler system would be expected to function. I've asked the sprinkler contractors to please certify it for us, and we will deem it to be a sprinkler system. They won't. Wilburn: (unable to hear person in audience) Go ahead. Brown: It's absolutely true that there is not a service person who's going to say that my sprinkler system is supplied by two-inch pipe and that it can put out x-amount of cubic feet per minute, if three sprinkler heads are opened at the same time. Is that the requirement? No one will say that, because it is not supplied by a four-inch main, but I do have someone who comes in and says that there is pressure in there, that it is up to the same standards it was last year, as the year before, as to the year it was installed, when I assume a fire official looked at it. So... Karr: Sir, could I have your name, please? Brown: Ruadhri Brown from the Dublin Underground. Karr: Thanks. Jensen: These are life safety pieces of equipment and we don't take it lightly, in terms of somebody just saying that it's a sprinkler system. We look for a licensed sprinkler contractor to certify that. Wilburn: Did you have any other comments that you wanted to add related to...? Brown: I do have some other comments I want to add. Uh, to quickly review my unusual situation, I currently have a sprinkler system. It was approved by fire officials when it was installed. My occupancy is under a hundred, which is supposed to be exempt from this new ordinance, but due to my off-street level location, I am being categorized with the largest nightclubs in town. I find it generous of the City, assuming you are going to offer water hookup, and I would love to take advantage of that, but I have, however, noticed that the parameters of this ordinance have changed with This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 46 each meeting. . Sometimes upstairs businesses under 50 are affected, sometimes they're not. Sometimes fraternal organizations are exempt, sometimes not. Is it 300 and over, or is it 298 and over? Not to mention voice alarms, exit widths, and I bring this to your attention because it shows that there is room for adjustments in appropriate areas. Now, I couldn't help but notice that this ordinance, there is a reoccurring line. Paragraph 1, Section B, paragraph 2, Section B, line 2; and paragraph 9, Section B, line 2, which makes a business inclusive, if, and I quote, "A-2 fire area has an occupant load of 50 to 298, and is located on a floor other than the level of the exit." This line affects one business in this town. That's the Dublin. All other off-street businesses are already over 100 in occupancy. That would be Jake's, Yacht Club, Picador, or they are under 50, and that would be like the Press Box. So there is extra ink in this ordinance that make my business inclusive, and I want it understood by Council that those lines affect me and only me. It's in there three times. It affects one business - mine! Uh, now because of the fact that I have shown diligence in maintaining my current sprinkler system, not to mention the fact that I have a fire exit for each 500 square feet of business, I don't feel out ofline in requesting that those numbers change from 50 to 298, to 100 to 298. That would change the requirements of only one business - the Dublin, and would effectively pull me out of a category of the Unions, the Brothers, and the Field House and put me into the category of 808, Deadwood, and Mickey's, where when the business changes hands, or I do $25,000 in renovations, then I would be required to update. Remembering all along that depending on my lease relationship with the building owners, I would likely make the improvements to take advantage ofthe City water hookup sooner, rather than later, and finally, I just want to say that I do appreciate fire officials looking out for a comrtmnity, and I always support improvement in safety equipment, but we can't lose site of requesting unreasonable cost on an individual small business. Questions? Wilburn: Thank you for your comments. Correia: We took out the $25,000.. .it's not in there now. It's just change of ownership. Brown: It's in the one I have. Correia: And then, we only do that if businesses included as affected is when we'll do that water line work. I mean, or you're suggesting you'd like, and maybe I'm just confused by what you said, that you would recommend to change from 50 to 100 occupancy, but that you would like to take advantage of water, if the water line is brought to your building. Brown: I would likely take advantage of that. That would be something, you know, I am not.. .I'm not a property owner. It's something I want to This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Correia: Brown: Correia: Brown: Jensen: Correia: Jensen: Correia: Jensen: Correia: Cohen: Page 47 discuss with, you know, my lease situation, and the building owner of course. Right, but I mean if your business, this would be my understanding, that we would plan to bring the water line to affected businesses, and then if you weren't an affected business, if you were written out of this, then the City wouldn't be putting a water line to your business. Only businesses affected. Yeah, that's a big incentive. And that would make me interested in doing it within three years, but I find it curious that I'm categorized with the huge bars in town. Well, I understand that, but if you'd like the City to bring the water line to your business, you could do that within three years, then you would want to stay with this ordinance, because we wouldn't pay the money to bring the line to your business otherwise. Does that make sense? I'd have to look at the details to understand exactly whether or not I qualify for that or not. What he's asking for, Amy, is to be moved out of the category number 2 on that sheet and put down in number 3. Right, but we're not bringing water lines to any number 3 businesses. That is.. .only if they sign up within the first three years. Okay, so they do have the option of signing up in the first three years. Anybody in here, oh, okay. When you said affected, I meant that if they aren't required, there are some A-2 occupancies that never are required to put sprinklers...I misunderstood how you were using the word affected. Everything on that page, 1,2 and 3, are affected businesses. Okay? Okay. (several talking at once) Gotcha. Can I just take one moment and just briefly explain why we came up with what we came up with here, and how we did, in talking about.. .we spent hours upon hours on this, and the first is the larger establishments. Urn, the first area that I think is pretty clear to everyone, we chose the three years because of safety measures. We felt that five years was a little extensive on that. So we went to the three-year on it. Urn, we did have the 299 and more. One of the reasons would be because Jake's is 299. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 48 It's not 300 at this point and with the upper-lower level sort of thing we felt that was necessary in there. The second group, including the above and below, and certainly with Dublin Underground - one of the concerns is that this is consistent with what will go on with the new. . .new establishments going in, and the concern is, and I think how this came about from day one, is above and below ground in multi-level, larger places. So we thought it was essential that we do, and though Dublin is on its own and kind of Sky Box is on its own, urn, in talking about it we established that though it may be a small place of 50, they may have 100 people in there, the same as a place of 300 might have 600 in there, so it didn't make it any less safe, urn, or any more safe. So that's why we chose those, keeping in mind a large place in comparison to a small one, the larger place may be spending $75,000 for a sprinkler system. A small one if you bring the water to them may be spending $8,000. You know, so there's a big variance on that. The third area that we came up with, basically, and many of these people I think will take advantage of what we had established as the 1 %, urn, from the City and bringing the water line, the water main to the building. Some of them have them, but many for instance, Mondonaro said he will take advantage of that while he can. So, anyone in any of those areas can take advantage of that. The idea is to try and get as many compliant as we can within this three-year period of time, but remember that. . . that financing and the water main is only for three years. It's not for the six years. It's not for any longer. So we did take out, because it was far too confusing, urn, the $25,000 sort of thing that we were talking about, urn, and we felt that this was fairly simple. That it was fair to most involved. We've talked to many of the businesses and know many would not like anything at all. We really felt that it was fair across the board, and it was addressing the concerns in three years, is what that was doing. So.. . are there any other questions on how that was kind of... Wilburn: Thank you, Leah. Is the Council ready for... Correia: I'm sorry. I have one other. . . Wilburn: Go ahead. Vanderhoef: I have more too. Wilburn: Okay, go ahead. Correia: Okay, urn, the, we talked earlier about for the package of fire safety measures, one being the trained staff in the establishments, and so I know we did, urn, training a year ago. Is there a plan to do that every year, because staff change, refreshers are needed, I mean, I see that as being as important as having the. . . This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 49 Jensen: That is in the plan, Amy. It's already going forward. We conducted that in, I believe it was late August, early September, 350 employees, and it's our intent to do that again. Correia: So that'll be sort of a every-year. Jensen: It will. Correia: Okay. Great. Wilburn: Anyone else have a question? Vanderhoef: Yes. Well, a comment as much as anything. When we're talking about the above and below ground, there is a piece in the ordinance at the top of page two, talking about the floors other than where the established bar is, that must also be sprinkled because of the egress for a separate business in one of those locations, and we have four establishments, urn, on our A-2 list being the Yacht Club, the Sky Box, Dublin Underground, and One- Eyed Jake's that are associated with other independent businesses in that building. Now in some cases it may be all under the same ownership, and then again it may not. So here is a situation where, uh, we have a business that's being required to, uh, sprinkle their business, but they're also going to have to sprinkle someone else's business because their egress has to go past, uh, this other business, and I find that, uh, I understand the safety part of it, but I find that, uh, very difficult for one business to have to do that for somebody else's business, and we certainly are not addressing the ownership of these building and how this is all going to happen. We know triple-net leases are common, but this is a permanent upgrade to a building that doesn't leave if the business leaves out of a rental space, and I don't know how to attack this, but it truly creates a lot more expense for a business that may be very small. Jensen: Do you all understand the safety reasons for that? (several respond) Okay, Ijust wanted to make sure that's.. .so if, for example, let's take, uh, the Sky Box, if the business below, uh, caught on fire, it would.. .and it didn't have any sprinklers, it wouldn't activate any sprinklers, the floor of the Sky Box could collapse and those people would not be notified, or it could block their means of.. . ability to get out of the building, even though the fire didn't start in their premises. So, it's important that businesses that are, that are.. .have the ability to evacuate, and that's why that requirement is there. Champion: Well, then I think we ought to have it as part of our, I think the owners are not going to be able to rent those spaces then, because you can't expect the Dublin Underground to sprinkle two stories above him. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Jensen: Elliott: Jensen: Elliott: Dilkes: Elliott: Dilkes: Elliott: Dilkes: Elliott: Correia: Elliott: Champion: Jensen: Page 50 Well, we're not requiring...it wouldn't, the building owner would be the one required to do the work, but it depends on how the, it could be Dublin being required if the building owner refused. That's correct. But it also could be the building owner would do it too, so it all depends on how it's negotiated. I have a question for Eleanor on this. Yeah. Eleanor, is there any way that we can have, that we can require the building owner, no matter what the lease is, to do something, to cover some of the costs? I think the regulation goes to the establishment, not to the... So, we can't say to the owner, because you are renting to a liquor establishment on the second floor, and that establishment has to have sprinklers, you as the owner are required to place sprinkler systems on the ground floor. We cannot do that? Or... I'd have to give it some thought. I think that's.. .yeah... It just seems.. . obviously, uh, these questions point to fairness, but the fairness is if a fire breaks out below and bums the floor, the fairness is we aren't protecting those people in the bar on the second floor, and I'm... I think the more, what about just imposing the requirement on the establishment below? Just like you've imposed it on the establishment above. I think something like that. . . we need to do something like that. But then the establishment below has no.. .has no liquor license, but it doesn't have the ability to have any say over what kind of business goes above them. I'd certainly like to inquire about the responsibility and the liability of the owner of the building in these situations. But this doesn't apply right now to the Dublin Underground and the Sky Box and Jake's, right? They don't have to sprinkle above and below. No, the.. .yes, it does require that (several talking at once). No, it's not, it's always been in the ordinance. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 51 Vanderhoef: I just read it for the fifth time, and finally found it! Jensen: No, it's been in the requirement from the beginning. It's never changed, and I guess.. .go ahead. I mean, it's common sense that you have to have that. Champion: It's common sense when you point it out to me. Jensen: Where this came in, and everybody's right, where this came in is when we added the B occupancies that serve alcohol above or below. That was not in the ordinance before. This is ordinance language for A-2 occupancies when you have an occupancy above or below grade. It is required to be sprinkled. We had to add the B' s in because that was your wish to add B' s above or below that serve alcohol. We needed to add that same provision, as what an A-2 has. Vanderhoef: I understand why. (several talking at once) Correia: Tell me the difference between an A-2 and a B. Jensen: A B occupancy...an A-2 starts when you have a restaurant, nightclub, bar that has a load of 50 or more. That's when your A-2 starts. They're B occupancies from one up until 49. Correia: So which ones are those? Jensen: The B's? Correia: Yeah. Jensen: In this ordinance? There's one of them, the Sky Box. Dublin's has an occupant load over 50, so therefore it's an A-2 below grade. Champion: Are you telling me that the Dublin Underground will be required, not only to sprinkle his bar, but the Pizza House above it, which probably is more likely to start a fire, and the third floor? Is that, is that what you're telling me? Jensen: No. Champion: Oh. Jensen: No. Vanderhoef: That's what it says! This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 52 Jensen: You're required to sprinkle the fire area that contains the, the A-2 occupancy, or the B occupancy ifit's above or below. We'll use Dublin as an example. The Dublin is underground, therefore the level of exit discharge, the exit is on the first floor, so that first floor would have to be sprinkled. That fire area should be contained within just the Dublin Underground. So it's just the level of exit discharge, the first floor, and the Dublin Underground, that would be required to be sprinkled. Champion: So the first floor would also have to be sprinkled? Jensen: Yes. Champion: Oh, I can't support that. Vanderhoef: That's what I have said! Jensen: No, I understand. Champion: I'm not using that in a nasty way. There's no way they can afford to do that! And that means the Sky Box would have to sprinkle... Jensen: The floor below it. Champion: The floor below it. Well, we've got to throw those two things out! Who could afford to do that? O'Donnell: How is that different than sprinkling side to side, too? I mean, the one on the side.. . (several talking at once). Jensen: . . . through that other building, then you would have to sprinkle that other building also, but you're not.. .this is an exiting issue. O'Donnell: But it depends on where the door is. If you have a fire here and the door's on this side. (several talking at once) Jensen: If it was side to side, you'd be sprinkling the fire area next to you. Correia: I understand where it is. I read it, but... Champion: So Jake's would have to sprinkle what's below them, also. (several talking at once) Cohen: We never talked about this. And we were not aware of this. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 53 Champion: And I know Jake's is totally willing to sprinkle Jake's, because that's why we lowered the number. He was totally willing to do it, but I think if you're asking businesses to... Jensen: Well, when you get into above and below it's more complicated, obviously, and it's... Boothroy: I guess I question if this is not new. Jake did get, or Mike did get a quote to sprinkle his first floor a long time ago, so he knew it had to be sprinkled. Champion: Well, he.. .no, it's not new. He wants to do it because he can afford to do it, obviously. He said he wants to do it. It needs it. So, I'm just using him as an example, but I just think you'll throw those other places out of business. I'm not going to do that. Wilburn: I'm sorry. Comments off.. . your comments aren't being recorded, and so we can't have folks talking off the microphone. Ifwe could temporarily set this point aside. I'm trying to bring us somewhere here. Elliott: Agree, let's find common ground first. Wilburn: Urn, are there other, are there other questions beyond this one point, any further questions in the ordinance? So I can see how much discussion, more discussion we need to have, or whether this needs to be moved to a work session again, or Council wishes to close public discussion, take first consideration of the ordinance, or not, or first consideration and amended, or not. So, is there, are there other questions beyond this one point that was brought up? V anderhoef: Yes. Urn... Wilburn: How many more, how many more different points do you have? Vanderhoef: It has to do with the loans, which are part of this big package. Correia: I have a question about the loans too, but that's not part of the ordinance. Boothroy: No. It'll be a separate resolution. Vanderhoef: But if we put that together, I think there's an expectation from the folks who are affected by this, that they want to know then what the money situation. . . This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 54 Wilburn: Before there's further discussion about that, are there other items besides the loans and this most recent point - are there other items in the ordinance? Vanderhoef: I'll just point out in the middle of page two, there is one typo in there on occupant load that says 298 that should be 299. Bailey: That'll go anyway, because it's with voice alarms. Wilburn: Okay. Are there any other items besides the loans? Okay. What's... Boothroy: Can you give me a sense of what's outstanding then, with regard to where you think you are? Wilburn: Well, it would appear that there are further questions about the loans, which aren't necessarily a part of the ordinance itself, but it may... Boothroy: I'm talking just about the ordinance first. Wilburn: . . .it may influence whether a Council Member or two is willing to, to adopt the ordinance, and then the second piece is related to the B. So, what is... Boothroy: Is related to the Dublin and the Sky Box issue? Wilburn: Yes, yes. Correia: Also related to any above, I mean, an A-2 that is above ground. We were talking about Jake's having to pay for sprinkling above.. .below them, or another. . . Vanderhoef: And the Yacht Club, too! Correia: And the Yacht Club having to sprinkle... Boothroy: There's a bar, I think Studio 13, above the Yacht Club, which is.. .it's required to be sprinkled, but it's under the criteria three, which means that it's not required until change of ownership. Wilburn: Okay, let me try this. Is the Council willing to close the public discussion, and if we move to first consideration at some point of this ordinance, or a modification of this ordinance, and we still allow comment, public comment, like I usually do, is Council okay with us closing the public discussion part of this? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 55 Vanderhoef: I would put a motion on to continue the public hearing, until we get more information and we get more settled on this part about sprinkling other floors and to get the question Bob asked Eleanor about is there anything that we can do that, uh, would involve the building owner, as well as the business owner. Wilburn: Eleanor, is that an opinion that you can put forward within the next month? Vanderhoef: I don't want to rush you on that, but... Dilkes: No, I mean, I just need to give it some thought. Our whole system of, I mean, our whole system is set up on occupancy permits to businesses. Urn, you're talking about changing the whole relationship between a tenant and an owner. Urn, it seems to me that typically when one leases, in a triple-net lease, you are going to make the lease long enough to secure your investment in that property, presumably. Urn, and so, I mean, this is going to be a whole different kind of regulation, and I just, I need to take a look at some things and give it some thought. Now, are you just talking then about looking at an obligation imposed against the owner for this up- down situation, or are you talking about looking at that for the whole thing, or... Elliott: My question, Eleanor, was if, if the operator of an establishment that is above or below is on the basis of what we've heard required to sprinkle not only his or her establishment, but that which would be above or below, and therefore in jeopardy. . . Dilkes: Right. Elliott: .. .could we go to the building owner and say, because our ordinance says that this person operating this establishment above or below requires another, a dress shop or an ice cream bar, could we go to the, could we go to the building owner. Dilkes: And what if you do that, and what are you going to then prohibit them from passing that cost on in rent to the tenant? I mean, that's, because that's what they'll do, and that's governing that private relationship between the tenant and owner. Elliott: I'm just... Dilkes: I think you're...I mean, I think you're on very...I think perhaps legally we could accomplish it. I'm not certain you're going to accomplish much, because I think it'll just be passed on to the tenant. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 56 Cohen: Leases, it just passes on. That's what triple-net means. If there's any tax, anything put on a tenant, it passes on, or on the landlord, it passes to the tenant. Di1kes: I don't think that's going to get you very far. (several talking at once) Correia: ...a friend who is a small business owner, not of an A-2 occupancy, we have high rents in the downtown, and seems like this is only going to encourage the increase in high rents, and then maybe decrease the variety of businesses that we have.. . Elliott: I think you and Leah have just answered my question, because of the nature of the lease, it is stated that if the building owner incurs any cost because of that business, it gets passed directly on through the lease for the rent, and it appears you've answered my question. Di1kes: I think that's probably what's going to happen. Boothroy: And the other option, of course, is to change that language in the code and not require that other area to be sprinkled. O'Donnell: But what does that accomplish, if this is a safety factor? Boothroy: Well, it does reduce it, no question. I'm just saying that you get your A-2 occupancy or B occupancy sprinkled. It's the highest hazard, it's the, it's what we're targeting, it's the most concern. The likelihood of an ice cream shop or a dress shop is far less of a problem, and so, I mean, that's one way to look at it. I haven't discussed that with my colleagues here, but I can see that, you know, it is different. Urn, it's not ideal, it's not perfect, but remember, we're looking at retrofitting, and we're trying to get the best system we possibly can, and get to where we need to get, and so urn, we need to think about how to make this work. O'Donnell: I feel like tonight that we're starting from square one again. We're down to two things, but 1...I think this needs to.. . and I think we need a work session on it. I'm just. . .totally upset with this (several talking at once). Champion: .. .part of the, let's get something passed. Let's amend that part of the ordinance that eliminates the need for those people to sprinkle all over the place, because they just can't afford to do it, and at least we get something sprinkled. Elliott: I agree, Connie, and, Mr. Mayor, if we could, if we could find those areas where we have common ground. Let's at least take that first step and do that. Let's not leave tonight. . . This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 57 Champion: . . . without at least passing something. Boothroy: Can I offer something? Is there, is there any desire.. .would there be any desire to, uh, eliminate the Sky Box and the Dublin from having to sprinkle. I think they're probably the only two in number 2 that would have an occupant load of less than 100. I have a problem with not requiring that on a place like One-Eyed Jake's, that has 300 people above the first floor. Champion: Okay, I'll move that we amend it to eliminate the Sky Box and.. . (several talking at once). Wilburn: I need to... Boothroy: How we would do that, we would just. . . we would just amend saying that in existing A-2's and B occupancies with an occupant load of99 or less, above or below, would not be required to retrofit the level at grade with sprinkling. I think that catches those two. Bailey: I would really like to do something tonight, but with this, with half of it crossed out and.. .I just think we need a clean copy... Dilkes: Can I make... Bailey: Go ahead, Eleanor. Dilkes: I think, I mean, I do think tonight it's just first reading. We can clean up minor things in the next two readings, but if you tell, if you give us the substance of what you want to change by amendment, I think we can then make those changes to the ordinance. I don't think you need to tell us, you know, I want to eliminate Section 903.21 blah, blah, blah, and as I'm hearing it, it looks like you're.. .what a majority of you are wanting to do is adopt the ordinance with the following amendments, no voice alarm requirements, urn, eliminate the language that requires sprinkling of above or below areas, and change it Number 2 from the memo to eliminate the sprinkling requirement on... the six-year sprinkling requirement, on businesses with occupancies of 99 or less, above or below grade. Boothroy: I didn't get that number three. I think there were just two issues, Eleanor. Your first. . . Wilburn: That's correct, and uh... Dilkes: I thought you were just talking about eliminating Dublin Underground and Sky Box? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 58 Champion: This is why we need. . . Boothroy: That's exactly what it would be. It's just that. But that was included in number two. Dilkes: Okay, so let me restate it. No voice alarm, eliminate the language requiring above and below sprinkling, and remove by whatever language you believe appropriate the Sky Box and Dublin, no? Boothroy: No, we're not eliminating the above and below sprinkling. Jensen: We're still sprinkling the Sky Box and Dublin. We're just not requiring them to sprinkle the first floor at the level of egress. Dilkes: Oh, okay. Champion: And changing the number to 99. Boothroy: And also, that second issue is for 99 or less. Vanderhoef: So you're keeping Yacht Club and One Eyed Jake's in... Boothroy: Because of their high occupancy. Jensen: Because of their higher occupancy. Dilkes: Oh, okay, all right. Wilburn: I need to back up for a minute here. Urn, because we don't have an ordinance on the floor at this time, and I'll go back to my question so that we can get an ordinance on the floor, if that's what Council is desiring tonight. Is Council willing to end public discussion, consider, uh, do a first consideration of the ordinance, whether it's amended or not... Champion: But people can still speak, right? Wilburn: People can still speak. That's my question. Dee has already said that she is not willing to do that, that she needs.. .so I'm asking. Vanderhoef: We need loans first. Champion: Oh, yeah, we need to discuss those first, but I'm willing to do it tonight. Wilburn: Okay. Correia: No. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 59 O'Donnell: I'm not. Wilburn: I'm willing - that's three. , Boothroy: Bob raised his hand. Correia: I don't know. . . Wilburn: Yeah, Bob, yeah, that's three. Karr: The question is with the discussion. Wilburn: If people want to end the public discussion, and move on to first consideration of the ordinance, this evening and there were three of us that said yes. Oh, Elliott, Wilburn, and Champion. If there's, ifthere's not a fourth, then I'm going to come back to, urn, should we move on tonight, go ahead with. . .keep the public discussion open, and discuss these other issues at the next work session. O'Donnell: I'd like to see that. Correia: Not discuss.. . (several talking at once) Wilburn: Urn... Vanderhoef: Move to continue the public hearing. Wilburn: It's public discussion. Correia: So we're done talking right now? Wilburn: That. . .I'm just trying to find out if people want to. . . Bailey: I'd like to be done talking right now. Wilburn: Do you want to close the public discussion part, put an ordinance on the floor to discuss the changes that some people were wanting to make? Champion: Yes. Wilburn: Or not. And if not, are we going to continue with this discussion tonight, or (TAPE ENDS) .. .three of us who are not. So, just waiting to hear from you, Amy. Correia: Well, I'm.. .I'm not clear about what we... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Wilburn: Boothroy: Wilburn: Boothroy: Bailey: Cohen: Bailey: Boothroy: Wilburn: Correia: Champion: Page 60 There was, there was not support to have the voice alarm, and there's actually question.. .there was comment raised about eliminating the sprinkling the floor above. I didn't hear whether. . . Our intent would be to amend the code so that the, the A and B occupancies that, we'll just talk.. .Sky Box and Dublin Underground as examples, they would not be required under the amendment to sprinkle the area of exit discharge. And I heard that Connie was not, or was interested in having that removed. And we're doing that based on their low occupancy, but we're not willing to look at the higher occupancies. As a matter of fact, there are, with exception of One Eyed Jake's, there aren't any others. I need a clarification. Are you completely eliminating section, the section at the top of page two, or are you just taking out Dublin and Sky Box? They're just taking out, and can I say, this is a surprise, this is a surprise to all of us. I think it is not right that we come here, and then all of a sudden we have this worked out, we have agreement, and we come here and get this thrown at us. It's not fair for those other businesses that aren't even aware of this. You know, is the landlord going to require it of, I don't know who's below Jake's, or who's below. . . who else was involved that would have to, even with their new proposal. This is not right, guys, to keep doing this, and then having these businesses affected. They aren't here. They don't know what on earth's going on. I mean, it's.. .we had come to this simple agreement, and now this gets thrown at us, and that's very aggravating to me right now! And that's why I think we need a clean ordinance, put it out, let people see it, and then we know exactly what we're talking about. Well, that's what we'll do for the next meeting. We keep trying to do that, and unfortunately it's a complicated document and, and I'll apologize for not making that clear, but we.. .we thought it was clear. Okay. That should have been clear for us who don't really understand. Area of.. .you know, where exit... I understand why you have it in there. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 61 Correia: I do understand, but... Boothroy: And we're willing to make, make the adjustment, as.. .get back to where we were when we came through the door tonight. So... uh, we did feel that we negotiated properly. Cohen: But the sheet is inaccurate then that says what has to be sprinklered. That sheet is inaccurate because it does not include those... Wilburn: Okay, I think, Leah, I think you've made your, I think you've made your point. Correia: I guess I just also want to just clarify.. .so the Yacht Club, the business above them is Studio. . . Boothroy: 13. Correia: 13.. .so they're, they would be required, I mean, then I would say that if the business above is another A-2 establishment, they should both... Boothroy: Well, the reason we're willing to make this distinction is based on the numbers of people impacted. Both the Sky Box and the Dublin have a very small occupancy. Correia: No, I understand that part. What I'm saying is that if the business above another bar is also a bar, that would be required at change of ownership to do sprinkle, but the Yacht Club is going to be required to sprinkle that establishment. That seems a little bit unfair for one A-2 occupancy to have to sprinkle the A-2 occupancy above them, which would have to do with themselves ifthere was no bar below them. So I would say... Boothroy: That's a requirement in the code now for new uses. So if a bar were to go in, uh, if the Yacht Club were new today, and Studio 13 was there, they would be sprinkling Studio 13 and the Yacht Club. That's no different than what we've.. .under the present code. What we've done is we've applied. . . Correia: This doesn't make sense! I mean, I understand that part of it. Ifit wasn't a bar, then I understand that they would sprinkle that business. (several talking at once) Champion: . . . then we need to add if the second or third level above you, or below you, is another bar, it has to sprinkle itself. Boothroy: Well (laughter)...I think you can clearly draw the line (several talking at once). This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 62 Vanderhoef: I move that we continue the public hearing to. . . Boothroy: We can talk about this issue specifically.. . okay. Wilburn: It's been moved by Vanderhoef to continue the discussion to the, what's the date? The 19th, urn, and seconded by, who seconded? Seconded by... Karr: Amy seconded already. Wilburn: Seconded by Correia. All those in favor say aye. Opposed same sign. Atkins: You realize you moved that to the 19t\ not the work session. Karr: We have to continue, it's an agenda item. They continue to a formal. Wilburn: I'm sorry, Bob, did you say no? Okay, urn, it carries 6-1. Chair will entertain a motion to defer the ordinance. Vanderhoef: So moved. Wilburn: Moved by Vanderhoef. O'Donnell: Second. Wilburn: Seconded by O'Donnell. Discussion? There has been a request to have a clean copy of the ordinance, with those areas of apparent... Dilkes: As far as I can tell tonight, the only issue that we have agreement on is to remove the voice alarm requirement, because I don't think we know what we're doing with the other issue. Wilburn: That's correct. So a clean copy with that section removed. Okay? Dilkes: Now, would it be helpful to have, I know you've been doing all of this at your formal session, but.. .do you want to do some of this at the work session so we can maybe hammer those issues out, and maybe get a clean ordinance.. .on the 19th? O'Donnell: I think it's a very good idea. Wilburn: We did, I think it would be a good idea. We did make an informal agreement that we would not discuss this outside of the public discussion. In other words, not at the work session, urn, but if that's the desire of the Council. . . This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 63 Bailey: Doesn't seem like it's working very well. Boothroy: No. Bailey: So let's try, let's try a different approach. Wilburn: Okay, so we will still have public discussion on Tuesday with a clean ordinance, and.. . (several talking at once). Boothroy: Can I ask you about the incentives, because I know Dee brought that up. Can I get a reading from you. . . Bailey: ...I mean, can we just have a memo on the incentives and talk about it at our next meeting? Wilburn: Let's talk about it at the... Boothroy: Want to talk about it then? Wilburn: Yes. Boothroy: Okay, well, I was willing to.. . okay. I'm going to assume that when I talk to the bar owners that we're still talking about the same incentives at this point. Wilburn: At this point, yes. Boothroy: Okay. Elliott: We do applaud the fact that, uh, the firefighting staff and others on our staff met with the bar owners and operators, and carne to really a pretty good understanding. There was a little chink that arose, but I think that's where we get things done. If you folks sit down around a table, and discuss it, and corne back to us. I was really pleased. I thought it was going to happen tonight. Hopefully it will happen next time. Boothroy: Me too! Elliott: Yeah, I bet you do! Vanderhoef: And, I would like to encourage those folks that don't speak at the work session, please give us input prior to the work session, and we'll have that on the table to talk about at that point, and certainly you will have your opportunity at the public hearing the next night. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #12 Page 64 Wilburn: Urn, it was moved, and urn, seconded to defer. All those in favor, defer the ordinance, all those in favor say aye. Opposed same sign. Carries 7-0. Dilkes: Can I just say one thing about the incentives, just to make sure that we have it out there before.. .so we don't have confusion about it. Wilburn: Go ahead, go ahead. Dilkes: Is the issue of security for the loans, and the need to, that we're going to have to secure those loans, unless you tell us you don't want them secured, and we're generally going to have to do that by a mortgage on real estate, either that's on the business, and if they don't own it, on their home or something to that effect. We're not in the position to be bankers and determine whether someone has a, a adequate income stream to support a guarantee secured loan, that kind of thing, so...Ijust want that to be clear. Champion: Could they have a letter of guarantee from a bank? Dilkes: That might be a possibly, yeah. Wilburn: Okay, thank you, Eleanor. Okay. b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 4/16,5/1,5/14) REVISED ORDINANCE INCLUDED IN COUNCIL PACKET. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #14 Page 65 ITEM 14 COUNCIL APPOINTMENTS. Wilburn: Last night at the work session, there was an informal agreement to appoint Florence Ejiwale to the Human Rights Commission. I'll entertain a motion to accept that. Champion: So moved. Wilburn: Moved by Champion. Correia: Second. Wilburn: Seconded by Correia. Discussion? All those in favor say aye. Opposed same sign. Carries 7-0. The other appointment was to the Housing and Community Development Commission. I have a conflict of interest and cannot participate in that appointment because it involves the, that committee involves the awarding of Community Development and Home Funds, and I work for an organization that receives that and cannot vote on that. Bailey: Last night at our work session we informally agreed to appoint Rebecca McMurray. I'd entertain a motion to do that. Vanderhoef: So moved. Correia: Second. Bailey: Moved by Vanderhoef, seconded by Correia. Any dIscussion? All those in favor say aye. Okay, motion carries 6-0 with Wilburn abstaining due to conflict of interest. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #17 Page 66 ITEM 17 CITY COUNCIL INFORMATION. Wilburn: Amy? Correia: I just want to let folks know that the Youth Advisory Commission had their big volunteer effort this weekend at the Arts Fest. They had a table in the Global Village. (noise on microphone) on their plan and they did a really great job executing it. They had volunteers. They had a really nice table, urn, thank Marian for all of her work with them, helping them get materials ordered and things like that, so a really great job and great job to them. Vanderhoef: They were working hard when I walked past. Champion: I'm just going to comment on Craig's request for sidewalk days to be four days. In all practicality, it is. Everybody puts their stuff out on Sunday also, so it might be a change in the ordinance, but it's not a change in what's happening. Vanderhoef: And I think it's okay. Champion: .. .where they walk, but we'll have four days of sidewalk sales because we basically d have four days. Correia: Should we put that on.. .do that next time? Wilburn: Okay. O'Donnell: Nothing tonight. Wilburn: Dee? Vanderhoef: Pass. Wilburn: Okay. Regenia? Bailey: Ijust want to congratulate Summer of the Arts for a wonderful Arts Festival. It was terrific and I think very well attended, so good job there, and then yesterday I attended a memorial service for Helen Finken, and it was really crowded and it was really great to see how influential a teacher can be in the lives of so many different people, and Helen was a wonderful woman. She was my ih grade social studies teacher and I know that she will be missed. Elliott: It just. . . if anybody is still watching, and if they are, I wonder what in the world their life is like (laughter) but I would like to apologize that we have This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007. #17 Page 67 taken so long. There's not a single person on the staff or on the Council that hasn't been very sincere and very concerned. It's just a terribly perplexing problem that we're trying to get up to. Other than that, to Jim Roberts, peace and courage. That's it. Wilburn: Condolences out to the family of Steve Fox who died a few days ago, a long time University staff member and community volunteer. His time, energy, and efforts will be missed. I also want to congratulate the Summer of the Arts with the Arts Festival and looking forward to the upcoming Jazz Festival, June 29th through July 1 st, and look forward to hearing the Beaker Brothers on Friday night, by weather dance fountain, and Saturday night the movie "In and Out," rated PG-13. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 5, 2007.