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HomeMy WebLinkAbout2009-04-20 Transcription#2 Page 1 ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Longfellow Elementary Bailey: Would the students from Longfellow Elementary please come forward. Hi, we're glad you're here, and this isn't...this isn't nerve-wracking or anything. These people are all excited to hear what you have to say, and so are we, and I've invited our Student Liaison from the University, Tyler, up here to help me out because he's a little closer to your age, and I thought that he could talk about being a student and how, um, how...what a challenge it is to do volunteer work while being a student. So, Tyler. Gunn: Well, thank you, Mayor Bailey. Again, my name is Tyler Gunn. I'm with the University. I'm the Student Liaison here, and this is...especially, I'm going to especially enjoy this tonight because I went to Longfellow (mumbled) graduated way back...let's see, 1997, and uh, we had mentioned my favorite teacher is Miss Latissio, so...and uh, well, we know as students how difficult it can be to do all your homework, get all your schoolwork done, yet you still find time to do extracurricular activities, and that's hard to do, but not only that, you're able to help your peers, and that's (mumbled) and we're all very excited to hear about it, so please tell us. Kealey: Hi, my name is Emma Kealey and I'm a fifth grader at Longfellow School. What does being a citizen mean to me? It means being helpful. For instance, helping your neighbor make a garden or watching your brothers for your mom. Being a good citizen also means trying to make a better community. So maybe picking up trash if you see it in the neighborhood, or if you have time, volunteering in a public place, like the Library, or taking part in polls. I think the most important ways to be a citizen are to do your best in everything you do and to speak up and share your ideas. Listen to people who disagree with you and try to find a...try to find a common ground. The reason this is so important is because if no one spoke up or listened we couldn't have a democracy and share in the running of our community and country. I know people who have helped me understand that what being a citizen means. For example, one of my friends used to volunteer at the Public Library for an hour every Monday night. One of my other friends picks up trash. A lot of people I know try to do their best. I hope to be a good example like them. Thank you very much for this award. (applause) Durham: Hello, I'm Sonali Durham and I'm a 5th grade student at Longfellow. I think being a good citizen means taking care of your community and other people. You can help your community using what you're good at. I like making bracelets and other jewelry so a few years ago my students, or my friends and I made some and sold them and donated the money we made to the Animal Shelter. It was fun doing something I liked and helping at This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #2 Page 2 the same time. I love to read and I wish everyone could experience that joy. Last year I helped a first grader learn to read. My teacher excused me on Tuesday mornings to go read with her. Almost every year I've been involved with the school recycling program. I think recycling whenever possible is important to help the environment and the earth we live on. I do everything I do to help because I care. If you help wherever you can, the community becomes a better place for everyone to live. (applause) Koenig: Hi, my name is Alex Koenig. I'm a sixth grader at Longfellow Elementary School. I think citizenship is helping out people who are in need and helping our community when we have a crisis or when there's a natural disaster. Ways I've helped out are: I read to the younger kids at school; I've raised money for the American Heart Association and UNICEF; last year during the floods, I helped sandbag. I also helped my family sponsor a family in need at Christmas. I think that helping people in need is making my community a better, stronger... and stronger place. My teacher tells me that I'm positive every day and a good role model because I enjoy working with everyone else. (applause) Bailey: You are so inspiring. I...I'm very impressed and um, your community building skills are amazing. I hope that some day you'll be sitting in these chairs, because I think our community would benefit from that. So thank you very much, and Tyler's going to read, um, one of the awards. They all say the same thing, but they have your name on 'em! Gunn: Thank you. Well those are very good speeches! You all sound very busy. So your award reads: For your outstanding qualities of leadership, within Longfellow Elementary, as well as the community, and for your sense of responsibility and helpfulness to others, we recognize you as an Outstanding Student Citizen. Your community is proud of you. Presented by the Iowa City City Council. Congratulations! (applause) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #3 Page 3 ITEM 3. PROCLAMATIONS. a) Buy Here Day - Apri123, 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Chamber of Commerce President and CEO, Nancy Quellhorst. (applause) Quellhorst: I'd like to invite all of you and the community at large to join us this Thursday for Buy Here Day, and we would like to ask you all to visit a local merchant and make procurement locally. Thank you. Bailey: Thank you. (applause) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #3 Page 4 ITEM 3. PROCLAMATIONS. b) Irving B. Weber Days -May 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is a Member of the Lions Club. Magalhaes: And they probably have speeches, but uh, I wanted to start, uh, I'm Shaner Magalhaes with the Johnson County Historical Society and with me is Del and Susie Brown from the Iowa City Host Lions Club, uh, which was of course the club that Irving belonged to, and they were friends of his, of course, and I'd like to think I was as well. Um, I wanted to take this opportunity to thank the Council for your continued support of the Weber Days' activities, um, you'll be seeing lots and lots of information about everything that's going on throughout the month of May, uh, and of course culminating with the huge ice cream social and family festival this year in downtown Iowa City on May 30th. So, watch for all that information! Thank you. Bailey: Thank you, Shaner. Brown: On behalf of the Iowa City Noon Lions Club, we'd like to thank you, and we do appreciate you proclaiming, uh, this Irving Weber Day. Irving was a unique individual, and uh, I thought about bringing a bell which was similar to his, but I didn't want to make a ringing sensation (laughter) so I...I did not bring that, but we do thank you. If any of you are interested, you mentioned the Irving Weber books, uh, of Iowa City history. If you come and participate that day, we'll make sure you get a...an Irving Weber book of Iowa City history. Thank you very much! Bailey: Thank you. (applause) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #4 Page 5 ITEM 4. SPECIAL PRESENTATION. a) Trees Please! Bailey: Item 4 is a special presentation from Trees Please! Karr: Here to make that presentation is Michelle Payne, representing MidAmerican Energy. Payne: Good evening, Madame Mayor and Councilors. My name is Michelle Payne, and I'm an Iowa City resident and the community contact volunteer for MidAmerican Energy. Throughout its service territory, MidAmerican Energy Company has donated funds to 96 communities and organizations, including Iowa City, in support of the Trees Please! program. Trees Please! funds are distributed to local communities each year in an effort to promote energy efficiency and improve the physical appearance in communities throughout the...through the planting of trees. MidAmerican is pleased to offer this program to encourage community beautification, help the environment, and promote energy conservation. It is my pleasure to present this check from MidAmerican's Trees Please! program to the City of Iowa City in the amount of $20,000. Champion: Wow! Bailey: Thank you (applause) Thank you, Michelle! Okay, I'm going to pass this down to Marian...you'll see that it gets to the right place. Thank you so much. Champion: A lot of trees! That's great! Bailey: That is. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #5 Page 6 ITEM 5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Hayek: Move adoption. Champion: Move adoption. O'Donnell: Second. Bailey: Moved by Hayek, seconded by O'Donnell. Um, discussion? Correia: I just had a comment. We had some, um, items of correspondence from folks concerned about, um, Iowa City Community School District facility plan, and in the...that correspondence it seems that some persons are under the impression that Iowa City Council has some role in either approving or denying the School Board's tax, proposed tax levy, and what Iowa City residents (coughing, unable to hear) and I just wanted to make it clear that Iowa City Council has no role whatsoever in what the School Board chooses to tax, that that's the School Board's, which is a separate elected body, decisions so those types of concerns, um, should be addressed with the School Board, related to what citizen comments on their levy (mumbled) Bailey: Thank you. Further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #6 Page 7 ITEM 6. COMMUNITY COMMENT. (ITEMS NO ON THE AGENDA) Bailey: This is a time for members of the community to comment on items that are not on tonight's agenda. If you wish to address the Council, please approach the podium, state your name for the record, and limit your comments to five minutes or less. Cohen: Good evening, everyone. I'm Leah Cohen, and I'm the President of the Downtown Association this year, and just wanted to kind of give you a little update. We're going to try and do this a little more regularly now so that everybody can hear what's going on, and we have a very busy, exciting week ahead this week. So I wanted to be sure that everyone knew about it and could kind of put it on their calendar with downtown. Um, Wednesday is actually Earth Day and Quality Care, the nature company this year, has offered to come downtown and help with the cleanup and getting everything ready with spring here. So we have...at 7:00 A.M., we're going to meet on the Ped Mall and do a cleanup of downtown. We'll prepare the beds for the flowers that'll come in in May and those sorts of things. We also have a 3:00 on Wednesday we have our Retailer Branding Committee. Um, as many of you have heard, we have retailers meeting regularly down there now. We have a very excited group doing great things, and we're looking at new branding for downtown. So that's at Dawn's Beads if anybody is interested in that, or in the community is interested in going to that. Um, on Thursday we have our General Retailers meeting, once a month, 1:00 P.M. at 126 Restaurant downtown. So again, anyone who's interested in that, we've had very good crowd for that. Um, this weekend one of the big things going on is Riverfest has moved a lot of their activities downtown Iowa City this year, and it's just been very excited for DTA to be working with them in regards to that. Um, Friday and Friday night they'll have different concerts, things going on. The big day'll be Saturday, where events will be going on all day. One of the highlights of that will be our Riverfeast from 3:00 to 7:00 on Saturday, where we will have the restaurants will have their wares out in the street also, um, we'll have retailers, we'll have their items out, um, kind of a bizarre feel is...is what we're thinking for it, um, and included in that we also have, um, President Mason will be speaking at 3:00, along with our Mayor Bailey, down by the, um, Sheraton Inn, at that stage, and then after that, at 3:30, they will have Last Lecture on that stage this year, and Mitch Kelly will be the one giving the Last Lecture. So this Riverfest is kind of to say goodbye to the seniors is the theme of this Riverfest downtown. So, um, that's one of the exciting thing that's going on. But anyway, so we just wanted to let you know that. Let you know there's big things going on. We're trying to put the calendar together each month for what's going on downtown. We're just real excited that spring is here. It's supposed to be 80 degrees I think by Saturday! So we hope anyone can join us! Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #6 Bailey: Thank you, Leah. Page 8 Sanders: Uh, hi, my name is Gary Sanders. Uh, I hope you'll give me maybe two minutes over, and take it out of when I'm here two weeks from now criticizing you. Uh, I'm a little nervous tonight because I don't think I've ever spoken at a Council meeting to defend and praise the City Council. But there has been so much ignorance and unpleasantness and personal attacks on the Council, and the Mayor in particular, in the online Press- Citizen and around town since the Council fired the City Manager, that I have to come down here, and I am speaking as someone who has probably written more criticisms and spoken more criticisms against the Council in the last four years than anyone. I want to emphasize one point at the start - I have no inside information, no one on the Council has talked to me about this, and neither has Mr. Lombardo. But I do pay attention to what's going on with the Council, and I will try to be brief. Number one, the City Manager's unilateral decision to move the Farmer's Market circumventing the Rec Department staff was typical of his heavy-handed approach. He was not a consensus builder. When he was informed that he couldn't just move the market because there was an ordinance on the books to keep it at Chauncey Swan Ramp, he blamed publicly in this Council Chambers a subordinate for notifying the public of the market moving, before he had a chance to finalize details. However, he had actually moved the market in February when a letter was sent out to vendors. Only after it blew up in his face, did he say he needed input from vendors. And I don't know to this day if he ever apologized to blaming a subordinate publicly, but it was shameful. I was here at the Council meeting when he did it. And then at that same session, Council session, the Council shut him down 7 to nothing on moving the market, and I was dumbfounded at the speed and unanimity of the vote. Never in my 30 years here has the Council voted 7 to nothing, no, to a City Manager's idea. Steve Atkins never did anything unless he had at least four votes on the Council. As many times as I disagreed with Mr. Atkins or the Council, he always had a majority of the Council with him. So that that 7 to nothing vote on the market moving was shocking, and the newspapers, except for the DI, didn't notice. The Council had sent Mr. Lombardo a very, very strong message, and anyone paying attention knew there was trouble. I also had heard earlier that Mr. Lombardo had been rude to citizens at different meetings. I witnessed it for myself at our vendor's meeting with him. He refused to answer questions from vendors as to what groups he had been meeting with. And he was personally rude. The media didn't cover the meeting, none of them did. I had invited all of them to be there. Finally, if anyone needs convincing that his firing was necessary, watch the Council's budget priority meeting with Mr. Lombardo and the Council on April 13th. DVD copies are available at the government channel office or online. Again, the media completely missed the story. The Council was perplexed, upset, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of April 20, 2009. #6 Page 9 and angry that he had not come to this meeting with what they had asked him to do. That was to suggest recommendations on cutting the budget. I watched the entire painful two-hour meeting, and over and over the Councilors would say that they wanted him to collect information from department heads on the possible results of cutting their departmental budgets, and present choices and make recommendations, as Mr. Atkins had always done, and over and over, Mr. Lombardo said he needed some sort of framework and parameters first, and they said no, we want you do to what we asked. That to me was a direct work order, and he was either unwilling or unable to do what they requested. And folks, in this country if you don't do what your boss requests of you, you will get fired every time. I guarantee it! Why didn't the press report fully on this meeting? I don't know. The headline the next day should have been: Lombardo Unwilling or Unable to Follow Council's Budget Request. If that had been the headline, then maybe people wouldn't have been surprised he was fired on Friday. I also want to address a particularly ignorant take on the firing. That somehow Mayor Bailey twisted the arms of the other Council Members to fire him. Anyone who has observed Mike O'Donnell or Matt Hayek or the other four Councilors would realize that this is ludicrous. This was a monumental, historic vote. I was here when they came in and voted, right here in Council Chambers. They were all grim-faced. This was extraordinarily serious. Every one of them voted their conscience. This was a big vote. They knew it would have fallout. Anyone of them, if they truly believed it was wrong could have voted no, and I am positive they had just cause to fire him. There will be no wrongful discharge lawsuit, and if anyone knew anything about terminations at this professional level, you'd know that no one can say anything about it -ever, and it doesn't matter that he was a public employee and got severance pay. The public has no right to know anything about it, and in this Internet twittering age where we want to know whether the President is wearing boxers or brief, every single day this can be hard to swallow, so I'll just say there's some things we don't get to know. And this is one of them, along with a variety of other officials, local, state and federal who have been fired or resigned, we just don't get to know the details. And by the way, city managers get fired all over the country. Maybe the press could write about that instead of whether a Councilperson was eating an apple outside of the meeting and wouldn't comment. And finally, I know that many are upset about this and say now they're not going to vote yes on the sales tax, because of this. I can't agree with that. This is a necessary tax. The projects are necessary, and other City funding mechanisms would be much more difficult, but I think the Council needs to do a better job of explaining why the sales tax is the best choice for funding this. Obviously the timing of the firing has some people shaking their heads asking why couldn't they have given him a warning, a suspension, or waited until after the sales tax election, when his annual review came up. I will simply say again, there is not another person in this town who has been more critical This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #6 Page 10 of the City Council than I have been over the years, and I believe I am the only one who has sued the City Council, including four of the sitting Members, and I say honestly that if they thought they could have waited three more weeks they would have. Finally, everything I have said is my opinion only, my opinion. I have no inside information and no one has spoken to me from the Council, or Mr. Lombardo. Thank you. Bailey: Thank you, Gary. Others wishing to speak at public comment? Okay, moving on. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #~ Page 11 ITEM 7. PLANNING AND ZONING MATTERS. c)CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .98 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5), AND 60.28 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5). (REZ08-00011) (SECOND CONSIDERATION) Champion: Move second consideration. O'Donnell: Second. Bailey: Moved by Champion, seconded by O'Donnell. Discussion? And let's... Davidson: Good evening, Madame Mayor and Members of... Bailey: Can we start with ex-parte, um, discussion, disclosure first? Any ex- parte? Hayek: I briefly spoke to the City Attorney, uh, today just asked if I had questions about the letter. I'd run into her about something else. Bailey: Okay: Hayek: I didn't, so (mumbled) of our communication. Bailey: Okay. Sorry for interrupting. Go ahead. Davidson: Pardon me for interrupting. Uh, good evening Madame Mayor and Members of Council. I'm Jeff Davidson, the Planning Director for the City. At your last, uh, meeting you did give first consider...you did approve first consideration of this ordinance, uh, at that time you did request that Wetland Specialist Julie Tallman, the City's Wetland Specialist, appear at second consideration. Julie is here this evening if you have any, uh, questions, uh, regarding any wetland issues. Otherwise, uh, any other questions that you have prior to your next consideration? Bailey: Questions for Julie? She is here, and I know some of you may have had questions about the buffer itself. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #7 Page 12 Champion: I think we'd like her explanation about...whether the buffer is going to be adequate or not, and what the quality of those wetlands are. Tallman: Um, excuse me, do I need to repeat my name or anything? I'm not familiar with procedure. You got...okay. Um, the...the characteristics of the wetland vary across its breadth, just as characteristics of wetlands vary nationally. So, where the wetland is, uh, contiguous to a stream corridor, a stream corridor which itself was the subject of a great deal of debate, um, the buffer cannot be reduced from its 100-foot required width. The wetland then breaks off into different fingers, if you will, that are not adjacent to the stream corridor. And it must be said that even where the stream corridor runs next to the wetland, it is not a high quality wetland. It's a monoculture, um, I mean there's only type of...of grass, wetland species growing there. Um, and if you examine wetland across Iowa City there are some that are much better examples...much better examples. So, because of that stream corridor, we can't reduce the buffer anymore, but away from the stream corridor we can. They have requested that the City consider a reduction. It's a reasonable request in my opinion, and in the staff s opinion, in this particular location. Um, and Jeff can speak to the issue of access. One of the reasons that it's being...that the buffer is being reduced in one of those little fingers of wetland is because it's immediately across from Rohret Court, and that's just a traffic planning design standard that you have streets across from one another. So, it makes sense in staff s opinion to reduce the buffers. Bailey: Any questions for Julie? Wright: Just...in functional terms could you explain to us the different between a low-quality wetland and ahigh-quality wetland? Tallman: Well, they function much the same. I mean, wetlands hold and store, uh, water in, uh, what I consider sort of a pragmatic view that is, um, looking at wetlands as they operate within the built environment. They slow surface water, they hold rainwater, um, they serve a role in water quality and in flood prevention. So, the function is consistent. What is not consistent are the values as their measured in terms of habitat and vegetation, and in fact, looking at the mitigation plan, um, that will be monitored for five years and overseen by the City and the Corps of Engineers, we think that the, um, value of that wetland and the surrounding buffer is going to improve, uh, as a result. So... Champion: Thank you very much for coming. (several responding) Bailey: Okay. Thank you. Any further discussion? This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #7 Page 13 Hayek: I guess I would, uh, respond to the, um, recent correspondence, which suggests that there might be as many as two violations of our zoning code, um, with respect to this application, and I guess I just have to say that, you know, I'm confident that staff would not recommend approval of, uh, an application that they believe violated any portion of our zoning code, um, and I...as I said before, I'm confident...I'm confident in the staff people who looked at this. I...I, uh, I defer to their judgment on this and...and I'm comfortable with the review that they imposed on this, and I thought it was a very careful review, but uh, I did want to respond to that because those are two pieces of information in our packet for this week, but uh, are worth mentioning. Bailey: Okay, further discussion? Correia: And I'll continue to vote no on this, uh, proposal, due to the lack of diversity in housing type. I believe our District Plan in the area calls out a need for, um, diverse, mixed housing, higher density, and we certainly have a need for a range of housing costs, price points, um, and we've talked about affordable housing and there certainly are examples of neighborhoods that have successfully, um, incorporated multi-family housing and so I will vote...be voting no. Wright: I'll be voting no again this week, as well. Some of the reasons similar to Amy's...I believe the...the plan as we're looking at it now certainly has improved over where it started out, but uh, in terms of the diversity of housing stock, uh, I don't think it's quite there. I'm not entirely sure it's going to be there. So... Bailey: Okay, any other discussion? I too wanted to....oh, go ahead, Ross. Wilburn: I was just going to say I think that, uh, leaving out and creating that other outlot, that's D is it? Uh, provides the opportunity for addressing that housing density, while still giving us the ability to try and negotiate and do some leveraging, uh, and uh...with um...if an area fails, we talk about negotiating with a developer in terms of, um, an existing zoning, a minimum zoning, um, I would certainly hate to see given concerns related to sprawl that we end up with an area that is much, much less dense than this, but um, again, I think I saw that, uh, still creating an the opportunity to address some of those issues with the outlot D. Bailey: Okay, and I too wanted to respond to some of the correspondence in the packet. Um, I have confidence in staff that they wouldn't be making a recommendation that was, uh, in violation of our Comp Plan, and I also feel comfortable with the transition, um, that is in this plan, the transition between the housing types, and so I will continue to support this rezoning. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #~ Page 14 Any further discussion? Okay. Roll call. Item carries 5-2, Correia and Wright voting in the negative. Karr: Motion to accept correspondence. Champion: So moved. Wilburn: Second. Bailey: Moved by Champion, seconded by Wilburn. All those in favor say aye. Okay. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #7 Page 15 ITEM 7. PLANNING AND ZONING MATTERS. d)CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING THAT IF THIS REZONING FROM COUNTY AGRICULTURE (A) TO COUNTY RESIDENTIAL (R) ZONE FOR 39.92 ACRES LOCATED EAST OF BUCHMAYER BEND NE AND WEST OF HWY 1 NE IS APPROVED IT SHOULD BE WITH CONDITIONS. (CZ09-00002) Bailey: I need a motion. O'Donnell: Move to send the letter. Bailey: Moved by O'Donnell. Wilburn: Second. Bailey: Seconded by Wilburn. Discussion? Davidson: Uh, good evening again. Uh, this, uh, particular application is one that we don't get too many of these, uh, it is an application within two miles of the City, but not in our identified growth area, and the fringe area policy that we have with Johnson County, uh, handles those two things differently, depending on if an area being subdivided or rezoned in the County is within the City's growth area, uh, or not. In the case of rezonings in either case, uh, the Council is able to make a recommendation to the Board of Supervisors in terms of their, uh, ultimate adoption, uh, one way or another, adoption or rejection of the proposed rezoning. Uh, the, there's the location of the proposed subdivision, just north of, uh, Iowa City in, uh, along Highway 1. It's actually the three cul-de-sacs that are proposed, uh, which you see there are located off of Buchmayer Bend, which is a gravel road, uh, just off...just north, just off of Highway 1 north of Iowa City. Um, this original application did not meet a requirement of the fringe area agreement that there be at least 50% of the subdivision retained in open space. The developer then resubmitted the application, and it has gone through the Planning and Zoning Commission with the recommendation, uh, that we're here to present to you this evening. Uh, the new application does meet the lot size requirement, that at least aone- acre. These would be on septic systems and wells, obviously, in the county, and uh, also meets the open space standard of at least 50% of the subdivision retained in open space. The area's currently agriculture, used for grain production. Um, all of the lots, uh, along the three cul-de-sacs would have to access Buchmayer Bend, uh, for access. Um, the question then, uh, that we were faced with in terms of the Planning and Zoning Commission's discussion of this item pertained to consistency with the County Land Use Plan, and that plan is currently under reconsideration. The specific piece of property is under reconsideration right now. Um, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #~ Page 16 and so the...the letter that is proposed for you to send, uh, is...the way we decided to word it is that it is up to the County to determine if this is consistent with their Land Use Plan or not, and we'll leave that... and we're recommending leaving that decision to the Board of Supervisors. If they do decide that it is, uh, appropriate to be rezoned, we do have some recommendations then, upgrading Buchmayer Bend to meet County road performance standards, and again, we'll leave that up to the County to determine exactly what that upgrading should be. Uh, the storm water detention should be addressed, uh, that there needs to be a plan for ownership and management of the outlot. The outlot being the shaded area that you see there, it is not part of the lots and it would be an open space. Um, and then we also suggested to them a plan to try and, um, you can see here the alternate plan. Uh, this has actually one...one additional lot, less paving, more usable open space, and provides a, uh, a better buffer to Highway 1. Again, we're just offering this as a suggestion to the County. Those four elements that I've just been through are what are in the letter we're recommending sending to the Board. Any questions? Bailey: Questions for Jeff? Davidson: Thank you. Bailey: Thank you. Discussion? Meissner: Good evening. I'm Glen Meisner with MMS Consultants and with me I have Dick Wonick. Dick, would you raise your hand. He's the owner of the land. Um, we're in agreement with three of the four articles that (coughing, unable to hear) the one that we, uh, disagree with somewhat is, uh, the recommendation of Planning and Zoning at the last meeting to recommend a drawing that was put together by staff, uh, that they feel is better, uh, a better drawing or better layout of lots than what ours is, and I guess it's my contention that, uh, we presented this, what we feel is the best option. The two spaces out along Buchmayer Bend, we wanted to keep those for, uh, recreational areas. They're flat areas where we could have, uh, soccer fields or ball fields, and we wanted the lots to look the shape that they have toward the back, especially the southerly cul-de-sac, since those would afford the home builders to have walkouts, and um, so with that, we feel our plan meets the standards of the...of the ordinance in the fringe area agreement, and uh, I would like to ask the Council to move this forward with, uh, with the three recommendations that were presented, and with the drawing that we have presented here. With that I'll try and answer any questions that Council may have. Bailey: Discussion? Okay. All those in favor of sending the letter say aye. Those opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #7 Page 17 ITEM 7. PLANNING AND ZONING MATTERS. e)CONSIDER AN ORDINANCE REZONING APPROXIMATELY 100 ACRES OF LAND LOCATED ON BOTH SIDES OF 420TH STREET SE, WEST OF TAFT AVENUE FROM INTERIM DEVELOPMENT (ID-I) TO GENERAL INDUSTRIAL (I-1) (REZ09-00002) (SECOND CONSIDERATION) Bailey: This is second consideration, and staff recommends expedited action. Wright: Okay, I move that the rule requiring, um, ordinances must be considered and voted on for passage at two meetings, two Council meetings, prior to the meeting at which it is to be finally passed be suspended, and that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Champion: Second. Bailey: Moved by Wright, seconded by Champion to expedite. Discussion? Roll call. (both talking) Wright: ...the ordinance be finally adopted at this time. Bailey: Okay, moved by Wright. Champion: Second. Bailey: Seconded by Champion. Discussion, and we should have disclosure of ex-parte communication. (mumbled) Okay. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #8 Page 18 ITEM 8. DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE 420TH STREET CORRIDOR IMPROVEMENTS - SANITARY SEWER AND ROADWAY PROJECT. a) PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) Public hearing is open. Public hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Champion: Move the resolution. Bailey: Moved by Champion. Hayek: Second. Bailey: Seconded by Hayek. Discussion? (mumbled) Yes. Discussion? Flannery: I'm Don Flannery, um, our family owns the property to the north of the Prybil property, uh, on the sanitary sewer project that you have planned, uh, where does that terminate at? And is there any plan to run it upon...north of the Prybil property? Bailey: Where's the location...the terminus of this project? Great! Scott: Hi, my name is Daniel Scott. I'm the Project Engineer for the project. We'll be taking the sanitary sewer just to the City, the edge of the City property, that the City owns. So, I don't believe ifll go to Mr. Flannery's property. Bailey: Okay, thank you. Hayek: Sir, did you get your question answered? Bailey: Discussion? Roll call. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of April 20, 2009. #9 Page 19 ITEM 9. APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2009. a) PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) Public hearing is open. Rackis: Good evening, uh, Steven Rackis, Director or Housing Administrator for the Housing Authority. Um, you have our report in your packet; um, however, I did want to point out just a couple of items. LTh, one, uh, we did receive approximately $191,853 in, uh, stimulus money from the federal government that came to our capital fund program for the public housing units, and um, one of the things that we decided in looking at our priorities over our...our five year capital improvement plan was to look at some energy efficiencies, and I'm sure anybody that's had to replace a...a water heater, you sort of wait till it starts going bad, then you replace it. We...we've decided to take this money and every water heater that's in public housing replace it with high efficiency water heaters. Every furnace that's currently 20 years or older, replace those. So this money has given us the opportunity to sort of get off schedule with these things, and uh, try to provide some more higher efficiency, um, units to help our tenants cut some of their costs. And, uh, the only other thing I would like to share is that next year we will be submitting our five-year plan and we'll begin working, uh, this year with the Community Development staff, uh, working in conjunction with their planning for City Steps, uh, to put both of those plans together, and use the same public hearings and get public input. Correia: Steve, are there any changes in...going in...in the occupancy guidelines? Rackis: No, we...we don't have any...anything in our admissions and occupancy plan for public housing, nor do we have anything in our administrative plan. Correia: That are changes. Rackis: That are changes...no. Bailey: Okay, any other questions for Steve? Correia: Did this...did this go through, um, review go through the Housing and Community Development Commission, the annual plan? Rackis: Yeah, I gave them an early...early draft of...of the report, um, then uh, I...I got bumped off their last, uh, agenda to give them a more updated version. So I'll be going back to the Commission with this final report This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #9 Page 20 in...in May. They...at the request of staff, they had quite a busy agenda at their, uh, last meeting, but they had received, uh, copies of the drafts. Wright: I just want to say I appreciate all of the information and background, the statistics that are"in here, and uh, one I just particularly want to highlight for everybody is that 89% of the folks in our housing assistance program, admitted to our program, um, are already living in Iowa, which I think that's a great way to help the folks that are already here. Bailey: Any other questions or comments for Steve? Wilburn: I'll just echo that. It's...it's helpful to have this information. I hope you continue to go ahead and put that out there, uh, there's times when we get challenges on myths, uh related to the folks that are living in some of the public housing units, and it's just (mumbled) have that (mumbled) Rackis: And we'll have it published in...in color, probably in the next couple of weeks, uh, for distribution. And then we'll post it on the Internet, as well. Wilburn: Great! Bailey: Thank you. Thanks. Anyone else wishing to comment at the public hearing? Public hearing is closed. (bangs gavel) Oh, I'm sorry! (laughter) Wilburn: Unclosed? Bailey: Unclosed...can I... Wilburn: You're the Mayor! Bailey: I take it back! Charlie! Eastham: Thank you, Madame Mayor, and I'm sorry for my delay in reaching the podium. (laughter) Bailey: It's my eyesight! Eastham: It's not because of advancing age. I can assure you! (laughter) Champion: You talking about us or you? Eastham: Between you and I, Connie, uh, I'll defer to whatever you wish! (laughter) Uh, Madame Mayor, I'm Charlie Eastham. I'm speaking tonight as President of the Housing Fellowship, anon-profit affordable housing developer, and I just want to talk a little bit about occupancy standards, uh, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of April 20, 2009. #9 Page 21 I believe my comments (mumbled) or most closely related to the occupancy standards the Housing Authority is currently using, and occupancy standards that the Housing Fellowship is currently using. Uh, as many of you know, uh, in the last three or four years we've spent a good deal of time looking with the School District about whether or not, uh, student mobility, especially the elementary schools, is a direct impact upon classroom performance, for those students who maybe moving in and out of elementary school classrooms, as well as students who remain in those classrooms, that maybe affected by movement of other students in and out of those elementary school classrooms...classrooms, during the course of the school year. Uh, I would like to say that as the...I think it's the experience of the Housing Fellowship that we have on occasion, I don't know the numbers actually, uh, had to...to terminate the occupancy of some families who were renting Housing Fellowship houses during the school year, when those families had school-age children, especially elementary school-age children, for a variety of circumstances, and I don't know the details about individual circumstances, but for a variety of circumstances. And it has occurred to us, especially after we've attended some of the meetings held by a group of concerned parents that, uh, that may not be the best thing we could do in terms of managing our own, uh, occupancy requirements and eligibility to remain in Housing Fellowship houses...housing. So we're...we would like to look into the possibility, hopefully in cooperation with the Housing Authority and the Council, about uh, altering our, uh, I guess I should say our removal or requirements or policies, so that we tend not to move students, not to move families out of Housing Fellowship housing during the course of the school year, even though if something comes up during the course of the school years, it makes everybody realize that those families are probably going to be needing to be moving latter on, perhaps during the summer time. Uh, that could involve, uh, something as...or something that would entail the Housing Authority, which has control over Section 8 rental assistance, uh, deciding to delay imposing removal of a family's Section 8 rental assistance until the summer time, uh, so that they can remain in their current rental unit, and so that the Housing Fellowship would not see a loss of part of the rent for that particular rental home. I don't know if that's possible or not, and frankly I don't know the number of instances that we're experiencing right now, but it's something we'd like to look into and we'd like to ask your cooperation in trying to see if we can work out policies that make sense, that are within the administrative requirements, and that uh, don't produce too great a financial burden on either the Housing Authority or the Housing Fellowship. Thank you. Bailey: Thank you, Charlie. Okay. Philpot: I didn't come planning to speak tonight, but um, since you guys get to first and second, I'm going to second (laughter) what Charlie just brought up. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #9 Bailey: Please state your name. Page 22 Philpot: I'm sorry. My name's Alyss Philpot and I'm just here as a community member, and um, I guess as a parent of...of uh, of school-age children, child, here too. Um, I...I would really like to see our organizations between our school district, um, the, which is our number one public organization that's in charge of helping children succeed in Iowa City, um, work more closely with other City agencies to try to create a much stronger safety net for, um, the...the children that are in the city. I know that these issues can be very complex, they can be frustrating for neighbors, they can be, you know, frustrating for a lot of people that are involved, but the...the problems that we're dealing with are in many cases have very, very deep historic roots, they're complex and they're tangled, and I think it's going to take some patience and a great deal of commitment to...to try to affect some really good strong long-lasting changes for families and for children, and I...I really appreciate what Charlie highlighted. I think that's a really good finite starting point, a place to just look at our policies, and I would encourage us not only to just look at postponing that sort of action till summer time, but to just really think about what it'll mean in general when we're terminating Section 8 and on what grounds we're terminating, and no matter what the number of families, I mean, in many cases one family is too many when children are detrimentally affected. Thank you. Bailey: Thank you. Others wishing to comment at this public hearing? Close it...oh, okay. (laughter) Rackis: I just quickly, um, just for clarification, there...there are two things that the Housing Authority is looking at. When Charlie mentioned occupancy standards, my mind goes to, um, the size, uh, a voucher a family gets, the number of, uh, bedrooms if you will on the voucher, the subsidy...the subsidy standard, or the occupancy standard, in that case, is...is really, people get it confused. Afour-bedroom voucher is for, you know, everybody, that if they're a family of four, you get four bedrooms. Our occupancy standards are really a function of how much money do we have. So we...we're determining how many bedrooms that a family gets within the voucher, because in...in Iowa City, uh, a living room for example can be a... a sleeping room. So we have payment standards and occupancy standards, which really are economic functions of how much money the Housing Authority pays out in housing assistance payments. In..in terms of families moving, uh, if families choose to move when their lease is up, even if it moves them from one school catchment area to another school catchment area, uh, I don't...I don't know that we can prevent a family, uh, from... from moving because their lease has expired or the landlord's rescinded their lease. That is the family's choice, and uh, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #9 Page 23 the other thing about, uh, the subsidy standards and occupancy standards, if a child turns 18 and moves out of the house, we...we do have to address, uh, at annual review, making sure that the..the voucher that the occupancy standard for that family is in, is correct under our administrative plans. So, changes...changes are made, uh, depending on the family's circumstances. Correia: Thank you for that information. I think, um, I think...you can correct me if I'm wrong, Charlie, but you're referring to having a... creating a discretionary program for families that maybe terminated during the school year, and would loose their housing based on, um, some type of violation, where the Housing Authority would have discretion, and I know in many, primarily I know this because my previous job, this was my area that I was a policy, did policy analysis over HUD housing, that I know there are many policies that allow for termination that don't require termination, but that termination can be taken. So, and I know that there are housing authorities that create specialized programs, um, so that those terminations are treated with discretion. I know in New York City there's a specialized process for termination that maybe due to domestic violence, where there's a process...where the Housing Authority reviews specific police activity, and if they believe it's related to domestic violence, they have a specialized response to that...to...to create safety. So I think, um, what I'm hearing from you, Charlie, is creating some type of specialized program to identify families with children that would create an appeal for the child's education where there maybe process, you know, supports that could be brought in, um, this is the...the article that I handed out before on the council meeting, on uh, specialized responses that public housing authorities can take to create safety that give extra supports to tenants, um, I would be absolutely interested in, you know, our Housing Authority developing some type of specialized response, um, in the cases where a family maybe evicted due to a lease violation, when there is an option for discretion... a discretionary option under the HUD regulations. Obviously we can't, you know, go against HUD regulations, but I know many of those regulations are discretionary, you know, if they're viewed as here's a tool in the toolbox, and...and you know housing authorities have the freedom to develop those specialized responses, um, so I...um, I have been in meetings, as well, with concerned parents group that there have been concerns, um, in the community about such terminations, um, and I believe that this could be very positive for creating housing stability for... for kids and families, and getting extra supports, um, potentially for families that need those supports. Bailey: I'm going to close the public hearing. I'm going to carefully look about and close the public hearing. (bangs gavel) All right. We've put this resolution on the table (mumbled) I need a motion.. . This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of April 20, 2009. #9 b) CONSIDER A RESOLUTION Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. Champion: Second. Page 24 Bailey: Seconded by Champion. Any further discussion? Correia: So this is where, if the...the, or the City Council as the Housing Authority (mumbled) acting in that role, um, is there interest in exploring creating a specialized response for families with children. Champion: Well, I'm totally interested. Wilburn: I think we'd have to look ahead for a work session to do that (several talking) Bailey: Right. I remember us discussing, um, these policies at one time, and yes, I think we should look at...with this kind of lens. I think that would be very helpful and I think it's very smart, considering some of the concerns that have been brought to us over the years by the School District. So... Correia: So maybe schedule that later May or June work session? (several talking and laughing) Bailey: Okay! So, any further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #10 Page 25 ITEM 10. AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2010 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. a) PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) Public hearing is open. Chris, did you want to provide any information to us regarding this? Great! O'Brien: Good evening, Chris O'Brien, the Director of Transportation Services. Uh, this is just our annual application. This is something we do every year. Um, kind of our wish list for funding items from state and federal, uh, sources, as well as any justifications, um, for some of those projects, uh, detailed...excuse me, detailed in the...the information that I believe Brad Neumann put together for you, uh, couple weeks ago. Bailey: And I know that there was a question at the work session about our JARC program, and you're going to get us some information about those, um... O'Brien: Yeah, it looks like there was, based on the application that we've put in for that, JARC funding limited, uh, the areas that we could utilize that. It would have to be an amendment to that actual application, which I have a meeting with Brad tomorrow on that application anyway. Correia: Would you be interested in that amendment? (several talking) Champion: We're really a closed community. I mean, we're all just one big area really. (several talking) It's not that big! (several talking) Bailey: I think it's inhibiting use of the program. Champion: It isn't Chicago or Gary, Indiana. Bailey: Right. Champion: You don't have to go far to be in another jurisdiction. Bailey: So, it would be great to see what arrangement, and the possibility of an amendment. O'Brien: I'll follow up with that. Bailey: Okay, great. Anything else for Chris? Okay. Thanks. O'Brien: Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #10 Page 26 Bailey: Anybody else wishing to speak at the public hearing? Public hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. Hayek: Second. Bailey: Seconded by Hayek. Any further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #12 Page 27 ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," TO ELIMINATE THE CAP ON TEMPORARY SIDEWALK PERMITS AND TO EXPAND THE PERMIT FOR FRIDAYS DURING THE SUMMER BY ESTABLISHING A NEW SIDEWALK RETAILING PERMIT. (FIRST CONSIDERATION) O'Donnell: Move first consideration. Correia: Second. Bailey: Moved by O'Donnell, seconded by Correia. Discussion? Cohen: I'm Leah Cohen, President of Downtown Association here on this, and we in working with retailers had brought this up and Dale and Wendy just worked tremendously with the City Attorney's office to put this ordinance together, and as you noticed it's commercial use of sidewalks. This is not for sidewalk sales, but this would allow is basically kind of the same time frame as the sidewalk cafes are open, for retailers, from March 1st to the end of October, Thursday through Sundays, to basically what the sizing allows is like a couple of clothes racks, or one large table out, and there's lots of rules and regulations along with it, be assured, and um, basically what this will do is give little more of a bizarre effect downtown. This is very big in Europe and what's all going on right now, but to emphasize it is not sidewalk sales - it is not sales merchandise. This is really to give them a better spot to really show off their merchandise. We've been working very hard this year on how can we capitalize on the number of people downtown and get them in the retail establishments, and we really feel that this will be a good way for them to display their unique wares that they have downtown. Um, I also would ask the Council if they could, um, expedite this the next reading, which would allow for summertime sales and getting into the month of May, if you could at that May 4th. It'd be great if you can do that. If you have any questions on it, I'd be happy to answer 'em. Bailey: Okay, thanks. (several responding) Discussion? Wright: A nice addition to the downtown. O'Donnell: Great idea! Hayek: Makes a lot of sense. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #12 Page 28 Bailey: As long as we keep the ways clear and it's clearly written that that's...that's part of it, I think. I think it's great. I think it will add a lot of energy. So...okay. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of April 20, 2009. #15 Page 29 ITEM 15. CONSIDER A RESOLUTION APPROVING A REVISED DEER MANAGEMENT PLAN AND RESCINDING RESOLUTION NO. 08-122. Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. Wright: Second. O'Donnell: Second. Bailey: Seconded by Wright. Discussion? Wilburn: This changes the plan. Doesn't say that we're implementing at this point, correct? Dilkes: I'm sorry. I didn't hear you. Wilburn: This...this modifies the plan. It does not implement (several talking) Helling: It's essentially the same plan that we've had, but the numbers can change a bit, but it is, yeah, and this is just a plan. No requirement or no commitment to implement. Bailey: It enables us to file with the DNR for this plan (both talking) Helling: Right, if we don't file the plan by the deadline, then we can't have a deer shoot. Bailey: Okay. Any further discussion? Okay, roll call. Resolution carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #16 Page 30 ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER AND MAYOR TO SIGN GRANT AGREEMENTS FOR FLOOD RELIEF ASSISTANCE FROM THE STATE OF IOWA AND THE FEDERAL GOVERNMENT. Wilburn: Move adoption of the resolution. Hayek: Second. Bailey: Moved by Wilburn, seconded by Hayek. Discussion? Correia: So...I support this, but just so that any time we have a grant (mumbled) just that...so that we're kept up to date on (mumbled) and grants that (mumbled) Helling: Right. Bailey: (mumbled) Any other discussion? Roll call. Resolution carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #17 Page 31 ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST INTERLOCAL AGREEMENTS BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF NORTH LIBERTY, IOWA, THE CITY OF CORALVILLE, IOWA AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS. O'Donnell: Move the resolution. Wilburn: Second. Bailey: Moved by O'Donnell, seconded by Wilburn. Discussion? Correia: Well, I just had a question. I did speak with Rick Wyss between meetings (mumbled) civil disorder (mumbled) what that was and didn't have a need for (mumbled) Bailey: And, he said? Correia: He just told me what it was, and that the trailer was for storing it. Bailey: Okay! (laughter) Correia: Um... Bailey: Oh, there he is! (several talking) Wyss: I'm Rick Wyss, Captain of (mumbled) at the Police Department. I guess (laughter) Correia: I was just asking about the civil, the items under the civil disorder. Wyss: Right. Correia: Were those, you know, when I think of civil disorder, L.you know, it's called riot gear so, when was the last time we, I mean, are we (mumbled). Tell me why we need riot gear. Wyss: I think, uh...realistically we haven't used riot gear in a long time, but...and some people in this room maybe were called when we have. The time to prepare for it though is prior to the riot, as opposed to letting it occur, and then um, scrambling for gear. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #17 Page 32 Correia: Right. Later, and do we know, does the Sheriff s office or anybody have.. . Wyss: Yes. Sheriffs office has gear, and uh, University also has gear, as well as Coralville Police. Correia: Right. I just asked Rick about the possibility of using, if these funds could be used for any training, and Rick and I sit on a board that's talking about doing some training around disproportionate (mumbled) and positive youth program, you know (mumbled) getting that training up and off the ground is funding for officer time to be able to kind of develop some of (mumbled). I didn't know if that potentially (mumbled) could be carved out of, and if that's an allowable use and what.. . Wyss: Certainly, uh, any training is an allowable use of the funds. I think at this point we have reviewed the DNC reports, and certainly there are concerns to us. As a result of that, we are, uh, currently gathering data and our own information to try to (mumbled) and if there is a problem that we can identify we're certainly going to take steps to address it. I think the problem with looking at the statistics that we have at this point is they're just a number, and there's nothing that clearly identifies what the problem is, and it's difficult for us, uh, to commit to training or even, um, find trainings to resolve an issue where we haven't clearly identified what that problem is at this point. Wilburn: I do know that, uh, that typically or traditionally when people think of riot gear, they're thinking um, you know, of some, uh, formal, uh, protest or organized protest that's going on and then you know, it's law enforcement versus...but there are situations that occur that can develop and escalate into riots, uh, what comes to mind for me is...I'm trying to remember if it was last summer or the summer before where the...the downtown area there were several fights that kind of (mumbled) one end of the Ped Mall and ended up over at the University Hospitals and uh, you know, on a given time on a given evening, that's a situation where, again, it's not, uh, doesn't fit that typical image of what folks think, what...where you might need use of riot gear to protect, um, both law enforcement, but also by allowing them to protect themselves in that way, it also provides...enables them to respond, um, with force that will, uh, suppress or quell the out of control riot nature of...of uh, you know, some type of fight or mess, uh, fight that might develop, uh, so that they can keep the public safe through that, as opposed to um, you know, some out of control, uh, response and situation. So, is that a fair statement or... Wyss: That is, uh, this particular gear that we are looking for is protective gear. It provides protection for arms, chest, and the legs, and at this point...at this current time, we do not have that safety equipment to our officers, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #17 Page 33 should they need it. Hopefully it's like insurance. Hopefully we would never use it, but uh, again, if we do have those needs, we would want to provide the officers with as much safety as, uh, we possibly (several talking) Bailey: Well we were just talking to one of our, um, fellow college towns today, and they had need over the weekend, something that escalated quite a bit, and I think that they would have probably used that kind of equipment. So, yeah, it makes sense. Hayek: I'm not comfortable second-guessing the equipment choices of the Police Department, and hopefully we never use that equipment, but you never know! Wright: Stranger things have happened! Bailey: And I do think the comments about training make a lot of sense, um, I'm glad that you're looking into it, but until you know exactly, I mean, and I see that training is allowed here so I'm assuming once you identify, and if that's...if that's the greatest training need, should these funds come through that things can be adjusted, I'm assuming. Wyss: They can be adjusted, yes. Bailey: Great. Any other discussion? Okay. Thanks for being here. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #18 Page 34 ITEM 18. APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,660,000 SEWER REVENUE REFUNDING CAPITOL LOAN NOTES, SERIES 2009A. b)CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE Champion: Move approving continuing disclosure certificate. Whatever that is. What is that? Bailey: We get a second we'll have Kevin talk... Wilburn: Second. Bailey: ...to us about it. Okay, moved by Champion, seconded by Wilburn. Discussion? Kevin. O'Malley: Honorable Mayor, esteemed Council, the...the continuing disclosure certificate is very important for our credit holders. There's eleven items that, for those... occur we need to disclose that right away, such as we don't make our payments, or we get downgraded for some reason. We have to let all the bondholders know immediately. And this is one of the, uh, covenants that are required in order to keep our tax exemption. Bailey: Thank you. Champion: Thank you. Bailey: Any other discussion? All those in favor say aye. Those opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #22 ITEM 22. Bailey: Wright: Bailey: Champion Dilkes: Page 35 CITY COUNCIL INFORMATION. Start with Mr. Wright. I have nothing. Thank you. Okay. I'm supposed to ask the City Attorney if we can alter the hours that bars are open. No. Champion: I didn't think so, but I'm asking. Because...it might help some of the problems when they all let out at the same time. I know (mumbled) having lots of problems, decided to leave theirs open 24-hours a day. There was no out-rush of people out of bars. But we can't do that, right? Bailey: (mumbled) (several responding) O'Donnell: A couple things. Uh, I got a couple calls about Connie's concern on Dubuque Street downtown regarding parking. I look forward to that discussion. Um, another thing, Dale, several more calls about them removing the TV Guide from Mediacom. I assume we're going to be getting credit for that? Helling: A credit? I don't think so. (laughter) We cannot require, uh, specifically services that they put out. Um, we've had some conversations about it, but there are other, you know, there are other options - Internet and so forth - and so they... (several talking) O'Donnell: It just seems a shame to have all those channels and you don't know what they are. Wilburn: My daughter yelled at me, uh, couple nights ago (several talking and laughing) Bailey: She yelled at you in your capacity of a Council Member, is that... Wilburn: Yes she did! Champion: You can always get a Dish! Helling: As I may have indicated to whomever I talked to, um, we do have a tri- annual review of the cable company's performance going on right now, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of April 20, 2009. #22 Page 36 and certainly I think that that's something that's been noted, so...and I'll follow up with it. (several responding) O'Donnell: And I've forgotten the third item, so L .. (several talking) Bailey: Ross? Wilburn: Tomorrow morning there will be asend-off, um, by uh, Phil Keoghan, from CBS's the Amazing Race, um, supporting, um, funding research against Multiple Sclerosis, and highlighting the importance of, and benefits of, cycling as a health...he's cycling across the country. Left California, is heading east. He will, um, assuming he arrived here today at some point, but at, uh, Hubbard Park tomorrow morning, uh, at 6:00 A.M. people will start gathering, but at 8:30 if folks want to meet him, get his autograph, and hear him speak they can do that down at Hubbard Park and he will be leaving town at 9:00, heading east. Bailey: You're not riding with him (mumbled) Wilburn: I will escort him to the, uh, edge of town. I wanted to ride from, uh, to meet him part way, but we didn't get enough information about it. So...and I wasn't prepared to ride 100 miles today. (laughter and several talking) Hayek: Nothing. Bailey: Amy? Correia: Nothing. Bailey: Um, I just wanted to note that I attended the Johnson County Health and Human Services Building ribbon cutting. It's a great building and I commend the County for their...they're working hard to get silver LEED status in that building. It's a great building, and um, Amy in her day j ob gets the opportunity of working in it, so it was a nice event and um, and congratulations on that opening. Dale? Do you have anything... This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009. #23 Page 37 ITEM 23. REPORT ON ITEMS FROM CITY STAFF. Helling: Uh, just one thing. Uh, we have taken, gotten proposals for the citizen survey that we talked about, uh, during the priority setting, and uh, we're ready to move ahead with that survey, assuming that that's what you still want to do. So... Champion: I don't think we need it. Bailey: We can discuss it at our May 4th meeting, or we can say move ahead, and I think that's the limit of what we can...discuss tonight. Does that...okay. Dilkes: I think if you wanted...if you want to put it on hold and discuss it on May 4th, that's fine. Bailey: Okay, are there four who would like to put it on hold? (several responding) Okay. So we'll discuss it at our ever-growing work session on May 4th! Helling: We can do that. I don't know what effect it might have on your overall deadline for the meetings at the end of the month, um, but at some point before you make your final decision (mumbled) Bailey: All right, thank you. Anything else? All right. (several talking) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of Apri120, 2009.