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HomeMy WebLinkAbout2003-03-11 Transcription#2 Page I ITEM 2 Lehman: Karr: Connelly: Wilbum: MAYOR'S PROCLAMATION a. Cover the Uninsured Week- March 10-16 Item 2 is a proclamation. Excuse me. (Reads proclamation). Here to accept the proclamation is Dr. Maureen Connelly representing the Free Medical Clinic and Ross Wilbum from the Crisis Center. Thank you. On behalf of all the clients we serve at the Free Medical Clinic and all the many, many uninsured and underinsured people in the world. And with your respect, and don't take it amiss, if at this time I just say the I really appreciate the proclamation, but I think our uninsured people would also appreciate about one day's worth of the money that we're going to spend on this Iraq war to get them all insured. And I'm Ross Wilburn from the Crisis Center. I was just asked to mention that Cover the Uninsured Week is launching this event across the country and as the Mayor indicated by reading the proclamation a lot of groups - it affects everyone. A lot of folks are interested in seeing that something is done for helping the not only the uninsured, but the underinsured. There were...just so that you're aware of what activities occurred in Iowa today here and in Des Moines there were panel discussions of the next generation of health care providers discussing some of the issues. And while the sponsors didn't put forth any specific solutions the panel members had several ideas on how they can suggest whether they're addressing the Medicaid issue, whether a specific programs or whether it's advocacy on the state and national level. Again another discussion happened in Des Moines. I will point out for those who are interested on Thursday Iowa business and labor leaders will discuss the impact of the uninsured on Iowa's economic future on WHO 1040 am from 10:00 to 11:00 a.m. - The Jan Mickelson Show. I want to thank the University of Iowa, Free Medical Clinic, the local SCIU 199, I believe it is, and the Visiting Nurses Association for willing to collaborate to help put forth today's activity. At the Crisis Center since -just so that you're aware since you do fund us and I believe Free Med and I'm not sure if you fund VNA or not, but we work with folks who are struggling with this issue. And at the Crisis Center we've had volunteers who have been trained to try and help people walk through the application to participate in the Hawkeye insurance program to receive insurance for their children. As a matter of fact just for the media attention that we got from this today we had six folks come in asking specifically about this program and how they can get signed up for it. So again just FYI this is going on and you all are affected by it and hopefully the conversation will continue nationally. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #2 Page 2 Champion: Champion: Cormelly: Champion: Wilbum: Champion: Lehman: Thank you. I'd just like Maureen to tell us how many people a year approximately you see at the Free Medical Clinic. I mean a number off the top of your head. Right. We have about 6,000 client visits a year. So not that many patients, but 6,000 client visits. And what's happened over the years at the Free Clinic we used to just see people for sporadic illnesses and with changes in economy and with the increasing immigrant population as well as more and more people losing jobs or being laid off there's a larger population of people receiving all their primary health care at the Free Clinic for chronic illnesses and that's a real problem. Lots of people needing a lot of medication and more diagnostic tests than we really are able to give. So it is unfortunate that a free clinic is even needed, but we're glad that we can exist and we appreciate the help. I think the people in Iowa City need to know how many visits you have each year. I would just add that the Free Medical Clinic has been a great referral source for us. Folks that I'm thinking of lately were in need of some type of physical or, you know, TB test that type of thing so they could start employment. And so it's been nice for us to have them as a referral. And then I would just add that we did survey some folks - about 120 folks were willing to take a survey as to the reasons that they were not able to afford or to have access to health insurance. And I'll share that information with the Council as we get the results tallied. Thank you. Thank you, Ross. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #3 Page 3 ITEM 3 Lehman: Janelle Thorton: Nathan Opheim: Eric Vance: OUTSTANDING STUDENT CITIZENSHIP AWARDS a. Twain Elementary: Nathan Opheim, Janelle Thorton, Eric Vance Item three are Outstanding Student Citizenship Awards. If the folks from Mark Twain or Twain Elementary would come up first please. This is something we do at just about every Cotmcil meeting. It's something I think the Council thoroughly enjoys. So what I'm going to ask you folks to do if you would give your name and read why you've been nominated. I'm Janelle Thorton. And I attend Mark Twain Elementary. I'm 12 and in the 6th grade. At school I'm been an ambassador for new students and a (can't hear) for two years, a safety patrol officer for three years and a reading buddy with 1St and 2nd graders. Since the 4th grade I've played the violin in the elementary orchestra. This year I sing in the Iowa City's girls' choir. I've been a 4-H member for three years. As a 4-Her some of the community service events that I participate in are Special Olympics dinner, pet visits at Lansard Park Care Center, Bowl for Kids' Sake and Toys for Tots. I like volunteering at the 4-H pancake breakfast and their judging day. I've been our 4-H club secretary, (can't hear) and president. I've been a baton twirler for five years and have participated in parades, one half- time show and competitions. I enjoy spending time with my big sister, (can't hear) with the Big Brother/Big Sister program and hope to start babysitting this summer. I'm Nathan. I'm a good citizen because I do my homework and turn it in on time. I follow directions in class and do what I am told. I help pick up people's things and I try to treat other people the way I like to be treated. I'm a good citizen because I'm a conflict manager and I help people solve their problems. I am a good citizen because I'm in Cub Scouts and we do scouting for food. You put bags on people's doors and then they put canned food and box food in the bag. We pick up the bags so that the food can be given to people in Johnson County who need it. I'm a good citizen because I play basketball, baseball and soccer. To play a sport you need to have good sportsmanship. I have good sportsmanship when I play and practice. I'm Eric Vance. I'm 11 years old and I'm in the 6th grade at Mark Twain School. Some of my achievements are band. I've played trumpet for two years. I've been a conflict manager for two years. I've been a safety patrol for three years. And I also like to help other students that need extra help. I help Miss Kisner, my teacher, with lots of errands at school. Some of my outside activities are I have played baseball for three years and I have been a catcher for two years. I This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #3 Page 4 Lehman: Nichole Riedel: Molly Miller: belong to 4-H for two years and held an officer for one. I volunteer to shovel snow for some of my neighbors. This is why I was chosen for a good citizen at my school. There's a lot of folks out there that are proud of you. And I can tell you the Council is proud of you, but there's grandparents are really proud of this sort of thing. So congratulations. I'm going to read one of these and I'll pass them out. For outstanding qualities of leadership within Twain Elementary as well as the community and for sense of responsibility and helpfulness to others we recognize these citizens. Your community is proud of you. Presented by the Iowa City City Council. Thank you very much. b. Regina Elementary: Molly Miller, Nichole Riedel, Lauren Tanner And tonight we have an opportunity to have some young folks from Regina who will also be receiving those awards. Now let me get in between here. Okay. Give me your name and read your award. Sure. Hello. My name is Nichole Riedel. I'm in 6th grade and I just moved here from Colorado in December. While in Colorado I babysat for free for my neighbor just to give her a break. I shoveled another neighbor's driveway whenever it snowed. These neighbors were elderly and the husband was on the liver transplant waiting list. I always felt good when I finished because I knew I had helped someone else and made their day better. For helping my family when we were all stressed out about this moved and having to do twice as much work to get the ready for showings and getting ready for school all before 7:30. I like doing the fundraisers at school such as jump rope for heart and St. Jude's math-a-thon. Because I want to help people fight off their sicknesses and I feel I accomplish that by doing those things. I like that feeling that you get when you know you've done something good. I think that's what keeps me going. And I'm proud of what I've done. Hi. I'm Molly Miller. I'd like to start off my speech by saying bon joir, aloha, hola because wherever you go hi is the same in every language. It's also the trademark of a good citizen who is friendly, helpful, respectful, and knows about issues. That's why I started my speech how I did. I think I'm a good citizen because I always try to do all these things. I've been involved in CAFE - Clean Air for Everyone, Operation Smile and raising money for jump rope for heart. I babysit for my cousins. I recycle. I volunteer to do jobs. Thanks for listening to me. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. 4/3 Lauren Tarmer: Lehman: Page 5 I'm Lauren Tanner. I'm a 6th grader at Regina Elementary. I am an alter server at St. Patrick's Church. I have been a Girl Scout for 6 years. Some of the other ways that I promote citizenship are I volunteer my recesses to help teachers by doing things like cleaning the chalkboard, correcting papers and cleaning up around the room. I am also eager to help the principal, teachers and other students. I also look out for the younger students when they are in the halls or on the playground. I do not cause trouble when I am in the classroom or in the cafeteria. I also do take very much pride in Regina. To help the community I have worked at the Wesley House free lunch for three summers. Citizenship is important whether we are in our homes, schools, churches or communities. Because when we are good citizens it makes life easier for everyone. Thank you guys. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #4 Page 6 ITEM 4. Lehman: Champion: O'Donnell: Lehman: Kanner: Lehman: Champion: Wilbum: Champion: Lehman: Kanner: Lehman: Wilbum: Champion: Lehman: Wilburn: Lehman: Karr: Vanderhoef: Lehman: CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Item four is consider adoption of the consent calendar as presented or amended. Move adoption withdrawing 4e(2) and 4e(5). Second. Moved by Champion and seconded by O'Donnell. I'd like to remove d(1) and d(2). d. okay. Any discussion? Okay roll call on the consent calendar as changed. Motion carries. Move adoption of 4e(5). Was that Ross the one you had to withdraw from? No, 4e(2). Oh, I change it to 4e(2). 4e(5) that was removed at your request Steven. Do you want to go that one first? Well that's the one that Connie just mentioned. She brought up. I think she meant 4e(2). Yeah. I changed my motion to 4e(2). Alright. I'm sorry. I will be abstaining due to a conflict of interest. I'm funded by an organization that received CDBG funds. Okay. Is there any discussion on 4e(2)? Do we have a second? Yes. We have a motion by Champion, seconded by Vanderhoef. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #4 Page 7 Champion: Lehman: Kanner: Champion: Lehman: Karmer: Lehman: Vanderhoefi Lehman: Kanner: Atkins: Lehman: Atkins: Pfab: Atkins: Pfab: Atkins: Move adoption of4e(5), d(1) and (2). Wait a minute. E(5), d(1) and d(2). So all three of them are on the same? I'd like to consider them separately. Okay. Alright. The motion is to consider (5). E(5). E(5). Motion by Champion seconded by... Second. ...Vanderhoef. Discussion? I've heard from a number of people they're not satisfied with the work that was done there. And I'd like to see if we cm~ get a small summarized report on the problems we're taking care of and if the trails are usable by everyone. That would be the only thing that I think would be difficult to answer in the affirmative. You remember that we had a quite a debate on the surface of the trails. Whether it was going to be hard surfaced and many neighbors very much objected to having the hard surface. We went with the different materials. I can certainly get you a report that points out what some of the difficulties were and the corrections that were made. But I want to make sure you understand that it is not a hard surface trail system. That was by design. That there will be some erosion and we will simply be obligated to maintain that. Yeah? I'm assuming that this appears on the consent calendar because they have completed the work as required by the contract. Yes. The engineer...our engineering office has said that the work has been completed in accordance with the specification. That brings up just one point. Now...but we're also withholding 5 percent? If you approve this you would release the retainage. Okay. That's what this does Irvin. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #4 Page 8 Pfab: Atkins: Kanner: Atkins: Kanner: Atkins: Kanner: Atkins: Pfab: Atkins: Lehman: Atkins: Lehman: manner: Lehman: Champion: Lehman: O'Donnell: Lehman: Kanner: Okay this is the 5 percent. Right. So they correct...they were...it was found that there were parts that were flooding. Yep there's corrections made to that yep. And the company that put them in redid those at their expense. I can't... Didn't we have some City people that worked on the trails? Yes. We did change some specifications on site. I do recall that specifically. Whether it was the same company or a subcontractor to that company I'm sorry I can't tell you. I just don't know that. Is there someone here that could speak to that? I'm sorry. I didn't ask anyone to come this evening. But the issue here is whether or not it was completed in accordance with the terms of the contract. Yes. Further discussion? I'd like to move for deferral until we can be assured that it was done to those specs. Is there a second to defer it? Motion fails for lack of second. Roll call. Motion carries. Move passage of (d) 1. We have a motion to adopt d(1). Is there a second? Second. Motion by Champion, seconded by O'Donnell. Discussion? Irvin last year mentioned that perhaps we ought to TIF the whole city. It looks like we're going in that direction. I think in general though we ought to ~vait to see what happens at the state house session. I'm not a big fan of the Farm Bureau but I do like their idea of limiting TIFs. I think that they have gotten out of control. And I think we're going This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #4 Champion: Lehman: Champion: Dilkes: Vanderhoefi Lehman: Dilkes: manner: Lehman: Champion: Lehman: O'Donnell: Lehman: Pfab: Lehman: Champion: Lehman: ranner: Pfab: Page 9 down the wrong path with this. It looks like we're thinking of giving rebates to someone for fixing up their parking lot. And I don't think that's the route we want to go. So I would ask for a deferral of this until after the legislative session. I'm not going to support that Steven because first of all we're not just giving tax rebates for a parking lot and I think you're making very light of the whole TIF process. Well this can't be completed until after the session is over anyway. Right. Is there a second to the motion? No second. For the... Motion to defer. To defer. Was there a second to that? There was not. Roll call. Motion carries 6-1, Kanner voting the negative. Move to pass d(2). Moved by Champion. Second. Seconded by O'Donnell. Discussion. Yes I would make a discussion. This is I think a public hearing is very important and I think that's a chance to get the facts out. So that's why I'm supporting....I'm going to vote yes. Why did we take it out? Steven asked for it. Oh, Steven? Yeah. It's the same as...well in the same sense. Irvin I think we've heard the arguments pro and con and I don't think .... I hear you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #4 Kanner: Pfab: Lehman: Page 10 ...it will change too much. I think that it's a chance for the public to come up and speak up and I think there's a lot of facts that can be presented. Okay. Roll call. Motion carries 6-1, Kanner voting the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 11 ITEMS. Lehman: Brian Phelps: Champion: Vanderhoef: Lehman: Champion: Pfab: Lehman: Tim Gholson: PUBLIC DISCUSSION Okay. Item 5 is public discussion. This is the time reserved on the agenda for those folks to speak to issues that do not otherwise appear on the agenda. If you wish to speak, sign in, give your name, address and limit your comments to five minutes. We will have public discussion until 8:00 at which time we will start with the regular agenda again. Good evening. My name is Brian Phelps. I am the Engineering Manager here with MidAmerican Energy in Iowa City. I just want to take a couple minutes to talk about trees ifI could. I think that everybody knows that trees not only beautify our neighborhoods, but they also help to reduce energy costs by providing shade in the summer and wind breaks in the winter. Trees also improve air quality and help to protect and nourish the soil. MidAmerican believes that trees are a great asset to our environment and has established a program called Trees Please to promote these benefits. The Trees Please program has been in effect for several years and is offered to all the community served by MidAmerican Energy. Grants are provided to the cities that apply and these grants are typically $1,000 for smaller cities and $10,000 for larger ones. So far this year 87 grants totaling $141,000 have been provided across the state with this program. Tonight, Mr. Mayor I'm pleased to present you with a check for $10,000 so that the City may use the funds to plant trees to make the community better. Great. That's the best news all day. I do appreciate it. I don't think this one is negotiable. Oh, too bad. Maybe we can have two. Can't you just maybe (can't hear). Well for a community that loves trees that check is going to come in real handy. I'm Tim Gholson. I live in Iowa City and I'm here today representing the Downtown Iowa City Association. And today you received a letter that's a part of your information that I'm here to summarize for the record. It's part of the mission of the Downtown Association to support and advocate for business in Iowa City, especially in the downtown area. We realize that the downtown area has a reputation This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 12 Vanderhoefi Gholson: Vanderhoef: Gholson: Karmer: Gholson: Kanner: Gholson: problem and it's our job to do what we can to try to improve that reputation and that's why I'm here today. Like downtown, Iowa City as well has problems with the reputation towards the business community and we are here to propose that it's time for the City and business community to work together. And what we would propose therefore is a community-wide task force that could work for the betterment of the business community in Iowa City to include and work on any current and proposed ordinances that effect businesses as a whole. The task force should include representatives from the business community, from the City, from the University and any other organizations that the City and the Council would recommend. The task force should examine current and proposed regulations and zoning, smoking, crime, business, signage, parking as an example and anything else that you would recommend. The task force should study the effectiveness of the regulations and enforcement procedures and the education in addressing the social issues for the community. The task force should study the experiences of similar cities then do the research and make comprehensive recommendations for solutions for the community as a whole. The Downtown Association is committed to solving the issues and we want to create an atmosphere where we can repair the reputations of both downtown and the City of Iowa City. And we're looking forward to working with the City and building a partnership to that end. And we would welcome another time making this an agenda item for the Council in the future. Thank you. May I ask a question please? Sure. Are you talking only real specifically about the intensive business district downtown? No, we're not. We're a part of the whole. We can't fix everything that... And Tim I have a question for you also. Yes. I think the Chamber does some good things and perhaps some not so good things. Are you working with them or not working with them? Do you felt there's a need for another group because what you describe seems to be in theory what the Chamber of Commerce is suppose to do? The Chamber is part of what...does a part of what we're talking about. I think the Chamber is an organization that should be involved in this, This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 13 Gholson: Lehman: Kanner: Gholson: Lehman: Gholson: Nick Herbold: but it involves more than that. I mean the Chamber represents the whole, but we also need to work with the City. We need to work with the University. We need to work with the advocacy groups that are affected by what goes on downtown as well. So we feel it should be a lot more than just one organization doing the work. Tim I think historically the Chamber has felt that they're responsibility is community-wide. The Downtown Association basically has dealt with issues in the immediate downtown area. Correct. But there's lots of things that affect everybody. We want to be moving forward and helping fix things. Okay. Tim I appreciate the letter. I didn't get a chance to read it yet. But I assume we'll read it and hopefully we'll see if we want to discuss it in future meetings. We'll bring it up again. Remind us again please. We will. Thanks. Thank you. Anything else? Hi. My name is Nick Herbold. I'm from 319 East Court Street. I'm the President of the student body of the University of Iowa. Last time I stood in front of you I talked to you about why the 21 ordinance would compromise the safety of many young people and how I felt it would negatively impact the neighborhoods. Since that meeting you have decided to draft a 21 ordinance. Because I know you all care about the safety and wellbeing of the community I'm interpreting that drafting of the ordinance to mean that you think that I don't speak for enough people. So my goal is no longer to explain why I know the ordinance is unsafe and irresponsible but to convince you that I'm not the only one that believes this. One might think that this task is going to be hard because Stepping Up just released a poll that said 62% of Coralville and Iowa City residents favor a 21 ordinance. Even though I am on Stepping Up I don't know about this poll. I didn't know about it until I read about it in the paper. So I don't claim to know anymore about it than the normal citizen of Iowa City. While I was reading the article about the poll the first thing that I thought was Coralville citizens, Coralville residents. You know why would the Iowa City Council listen to the poll of Coralville residents. Then I kept reading and I noticed when the poll was completed - during Thanksgiving break. I don't think I'm the only student or community member for that fact that travels during Thanksgiving break. But although this poll This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. Page 14 Champion: Kaimer: Vanderhoef: O'Donnell: Pfab: Lehman: Pfab: Lehman: Vanderhoefi O'Donnell: Lehman: Nate Green: meant nothing to me at that point I thought, you know, I'll continue reading the article and find out what questions were on the poll. I never found the questions and I'm guessing most people of Iowa City have no idea what was on that poll. But considering the assumption that you are assumed with what people really think and you might not want to take my word for it. I'm delivering to you 4,000 letters from citizens who oppose the ordinance and feel you should make a task force to deal with the issue instead of listening to some mysterious poll. Terrific. Thanks. Thank you. Are there only 4,000 of these? Mr. Mayor? Yes. I move that we accept correspondence. Do we have a second? Second. Why not. A motion and a second to receive correspondence. All in favor? Motion carries. Hello. My name is Nate Green from 702 North Dubuque Street. I'm the University of Iowa Student Body President Elect. What we have just submitted to you is letters from Iowa City citizens who oppose the City Council's proposed 21 ordinance. Your Council has expressed that it has received many e-mails from Iowa City residents who support the 21 ordinance. We are here to present you with over 4,000 letters in opposition to the 21 ordinance written by concerned citizens of Iowa City - your constituents. I will now read the context of the letter that was submitted to you guys. Dear Iowa City Council members. I am writing to express my objection to the passing of an ordinance which would prohibit tmderage adults from entering an alcohol licensed establishment. I acknowledge that underage drinking and over consumption of alcohol are issues that should be addressed in Iowa City, but I believe that the proposed 21 ordinance would have negative effects on my community for the following reasons. Bars and This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. //5 Page 15 Lehman: Kanner: Helling: Kanner: Lehman:: Helling: Kanner: restaurants provide a safer environment than private parties. Number two: it is not illegal to dance, play billiards and arcade games, attend drag shows, attend concerts and bands, listen to poetry readings, watch comedy shows or socialize. Number three: the ordinance will force several entertainment venues out of business. Number four: many restaurants that are subsidized by the entertainment venues will be forced out of business. Number five: late night dining will be restricted. Number six: many full time jobs and hundreds of high paying student jobs will be lost. Number seven: students will be less likely to attend the University of Iowa. Students will be less likely to have visitors come to the Iowa City area. Number eight: bars and restaurants contribute a substantial amount of money to Iowa City charities and philanthropies. I agree that underage drinking and over- consumption of alcohol is an issue in Iowa City. I do not agree that new regulation or laws are the way to solve it. I suggest that enforcement of current laws, education, social norming, and forming a task force of community members that was just talked about by Tim Gholson to work together with the City are a better alternatives to solve this issue. I really encourage you guys to look at these letters. Actually read the com~nents that were submitted by people and residents of Iowa City. Listen to concerns of your constituents. I also want to reiterate our support for the task force composed of Iowa City community leaders that has been proposed tonight. Careful consideration and due diligence must be demonstrated in the analysis of a policy such as a 21 ordinance that carries with it such adverse consequences for the Iowa City residents and businesses. I encourage you to read the letters that you have been given, really read the concerns of Iowa City's residents, consider the proposed task force and please do what is best for Iowa City citizens. Thank you. Thank you, Nate. Dale, you're on Stepping Up task force right? Could we get a copy of the methodology of the survey and what...who was sampled for that and what scientific methods were used. Yeah I'll contact the director and see what I come up with. Okay. I'd like to know if it was a scientific sampling of all people in Iowa City or just a limited amount. I think it was 400 or the paper said 400 or 500. Let me get the... I want to know if they included all 62,000 people from their scientific database. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 16 Lehman: Kanner: Lehman:: Karmer: Oliver Belcher: Lehman: Carol de Prosse: I can you tell you now they didn't do that. No, no a sampling of 62 as opposed to a limited registered voters or people not in dorms. We'll get it. Past surveys they did not include people in the dorm. It hasn't been accurate. Hi my name is Oliver Belcher. I reside at 636 South Dodge Street. Before I bring my issue to the table I just wanted to show my support for the people here tonight that are speaking about peace and rationality. As...I implore you to heed their advice not only as representatives to them, but as upholders of the U.S. Constitution and the law which, you know, one of its most important thing that it discusses is innocent until proven guilty. And there is no doubt that Saddam Hussein is guilty, but I don't think we can say the same thing about the innocent 5 million innocent men, women and children in Baghdad who will have 3,000 bombs rain in on them in a matter of 48 hours at the beginning of this. But I want to...on a lighter topic I wanted to bring some concerns to the bus station that's going to be built - the new Greyhound bus station. It seems to have contradictory purposes. This morning...or not this morning, on Sunday when I was reading in the Press Citizen about...it had a big feature article in the local section about the bus station. It suggested that the role of it was to increase public transportation and to provide a new area for the Greyhound station. But on top of this it has a five story parking deck that will built into it and it seems to me that if you're trying to create...to get more people to provide...to ride public transportation the worst thing that you can do is to create incentive for people to drive to the parking deck. So I would suggest that we make the building a one-story building and reallocate those funds to purchase more buses and create more bus routes and create more jobs for bus drivers. And we'll have less cars on the street. We'll have less pollution. We'll have more people coming downtown and using the daycare center that will be in there. And, you know, no more parking decks. It seems to me like the last thing we need downtown is another parking deck. Thank you. Good evening. My name is Carol de Prosse. For the record I'd like to state that I served on the Iowa City City Council from 1973 thru 1979 and I now live in Lone Tree, Iowa. I'm here to address an issue that I haven't been involved in directly, but have been reading about in the paper and heating about through friends and acquaintances in the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 17 community and that is the Council's apparent failure to be willing to bring to the floor tonight a resolution in support of peace. I understand that this resolution was rewritten. That originally it was an anti-war petition or resolution and that it was redrafted to become pro-peace resolution. One can debate the relative merits of one or the other, but I'd like to state how really disappointed really I am that elected officials of this community apparently four or five of you will not allow even a pro-peace resolution to be brought to the floor of the Council where clearly there has been a demonstrated effort on the part of citizens of this community to show you that this is an issue of great concern to the Iowa City commtmity as it has been to cities throughout the United States of America where many city councils including that of Chicago, of all places, passed very strongly an anti-war resolution. I heard someone stand up tonight and talk about the uninsured in America and I'm very thankful for the Free Medical Clinic and I finally support the Free Medical Clinic to a relatively generous extent. I thought about the uninsured. I thought about the cutbacks in the education programs. I thought about the lack of proper funding for mass transit. I think about the things that George W. Bush is doing to the environment of our country. I think about the effects of the war on the environment of the war. I think about the cuts to Head Start and programs for preschool children. I think about the cutbacks in domestic violence programs. I think about the failure to provide money for infrastructure improvements in this country including roads, tunnels and bridges and on and on and on. And I think about then the projected costs of a war in the hundreds of billions of dollars. And this City Council cannot find it in its heart to believe that it has a stake in what happens. Of course we do. And if you're anti-peace then I would say go on record and let us know. This County should know that. Now another thing that I'd like to briefly state is that earlier many fine young people of this community stood up - 6 of them from Mark Twain and from Regina - and talked about the things they do for this community and I heard Mr. Lehman talk about how proud this Council is of these students. And I've been here at previous Council meetings and heard students from other schools stand up and talk about the things they do for this community. And then I heard Mr. Lehman say that we're proud of you, but grandparents are even prouder. And you know I am a grandparent now and yes we are proud of our young children, but so are the people in Iraq proud of their children and so are the grandparents in Iraq proud of their children. And this war...this war will drop 4,000 bombs a day for two or three days on the city of Baghdad and outlying areas and it is going to kill grandparents and parents and children. And the fact that you can't take a stand for peace on the brink of war is something that I please strongly urge you to reconsider tonight and bring up under Council time. A resolution for peace. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 18 Lehman: Karly Whitaker: Lari Afifi: Thank you, Carol. My name is Karly Whitaker. I reside at 630 South Governor. I last spoke to Council at the last meeting when the peace resolution was being addressed. And there I said please don't further make me more disillusioned with representative democracy. Unfortunately I believe that you have tonight. And I want to take inspiration from the students who had 4,000 letters here today in what I'm about to propose which is we will be going ahead with a referendum basically because participatory democracy is what's a good option for us right now. I'm getting - it's seems to me what I see is a very mixed message from a lot of Council members. Here we have people saying first of all we have elected representatives. We should contact them and let them represent us. The last thing I knew I thought you were our elected representatives. And we have Connie Champion saying I can't speak for the residents of Iowa City. I can only speak for myself in reference to the peace proclamation saying it's a sense of the residents of Iowa City and that resolve the residents of Iowa City believe this way. I appreciated Irvin Pfab's quote, but the one that's been going around the peace circles that I feel is more relevant to this situation is the one from Dante that says something to the effect that the hottest fires in hell are reserved for those who remain neutral in times of moral crisis. It goes on...it's often connected and followed by a quote from the Nuremburg Tribunals which shows that citizens have a responsibility when war crimes are about to be committed to stand up. So it would have been a lot more easy...it would have been easier for me if you had taken leadership and done this. I've been tired out with doing peace work, but I'm going to do this because, you know, this is what needs to be done and we need to be heard. I heard Darryl Yeaney speaking to a reporter outside and the problem with the proclamation is the resolution is a grassroots effort. A proclamation is one person speaking. You're supposed to listen to us. I don't see that happening and it's really been very upsetting. So I just wanted to express my frustration. Mr. Mayor and Council members. My name is Lari Afifi. I'm a retired nurse manager from the University of Iowa. I originally came to Iowa City in 1961, but have been back and forth between Iowa City and Lebanon many years. I came in '84 on a more permanent basis. Because I did much of my college work in Lebanon and I'm married to a Palestinian Lebanese American we have many family and friends in the Middle East and have visited Iraq, Saudi Arabia, the Gulf States -Jordan, Syria, Palestine, Israel and Lebanon of course. Where I lived for 29 years and continue to visit on a regular basis. I am a mother and a grandmother of people in Lebanon. The people have been exceedingly pro-American. With the threat of war in Iraq that's This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 19 changing. The professionals that we know there are now very hesitant to visit the United States to come to professional meetings and spend money here. Money is probably the big thing. People avoid buying American goods when possible and are beginning to switch to the Euro instead of the American dollar. It does affect all of us. The overwhelming perception is that the war is about oil and that no matter what Saddam Hussein or...that's he's a convenient excuse, but no matter what the Iraqi people do, we will bomb them. Make no mistake no one thinks Saddam is a great leader, but no one believes that Saddam is an immediate risk. It appears clear that war is inevitable. The moderate Arabs are very worried about this war. It would give the radicals more support. After all if them is no hope for your own home what do you have to lose. The great possibility of increasing attacks against the United States not decreasing will be if we have war. Also having lived through the Lebanese War I assure you there is no smart bomb. Many civilians will be killed and maimed again increasing the risk of increasing anti-American feeling and increasing attacks on America. The cost of the war will be extremely high in several ways. The economy of the war as well of that of the war as well as that of the United States will be greatly affected. There will be death and morbidity. (End of Side 1, Tape #03-23, Beginning of Side 2) Afifi: ...as well as our own troops. I would...I realize that you have decided not to discuss this, not to bring up a resolution. I felt that I just needed to bring another perceptive, another way of looking at that. People are anti-American, but it's not against the American people - it's against the government and our policies. And it will affect Iowa City because as a great university who has a lot of international students here they will not come. Thank you. Lehman: Thank you. Joan Vanden Berg: Hi. My name is Joan Vanden Berg. I live at 1210 Keokuk Street in Iowa City and I'm the youth and family development coordinator for the Iowa City Community School District. And I'm also the liaison for homeless students in the district. So I'm a member of the Local Homeless Coordinating Board. So the Board asked me tonight to come and speak with you about the effects ofhomelessness on children. And I think I put a little flyer in your board packet that I hope that you had a chance to look at. We're increasingly concerned in the district about the number of kids in poverty and who are homeless. And from 2001 to 2002 our numbers served were doubled. And also the number of kids just in poverty on free/reduced lunch has certainly increased over...well since I've been at the district which is over the past 7 years. So right now about 20% of our students are in This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 20 Kanner: Vanden Berg: Vanderhoef: Vanden Berg: poverty and I think we're seeing a growing number of families who just aren't able to maintain their housing and are losing their housing and becoming homeless. And we're also seeing an increasing number of people moving to our community who are homeless as well. So combine those two efforts I think that we have great concerns of how well those kids can do in school. Many of them of course have gaps in their education and are significantly behind a grade level. They have some social and emotional issues. Clearly they have left things behind. They are grieving people that they are no longer involved with and their things. And also we have kids that fall asleep in school frequently because they're maybe doubled up with so many families in an apartment that they just aren't getting sleep. So our program can do things like provide transpoItation to maintain some continuity from schools. The City has been very helpful with bus passes for our older students and we appreciate the discount that you have given to us for that. But clearly I think that this is an issue that I want the Council to be aware of and I would invite you to work with us at the school district to look at after-school programming. I think that we're increasingly concerned about the number of kids, particularly in poverty, who are home alone after school. And I know that in City Steps that's a high priority, but it's difficult to know how we can work together on that. And we actually applied for a CDBG grant to address this issue, but the amount of public service dollars for that money is so limited that I'm not real sure how successful we'll be with that. I think that people see it as a good proposal, but there are many other good proposals as well. So maybe for a future agenda item if we could talk about how we could work together to address this increasing need. And also just so that you're aware we are applying for a federal grant for Mark Twain Elementary. It's the only school in Iowa City eligible that would expand our after-school program with federal dollars. So it would be $150,000 for the next 5 years. And any local support that you could have - I was hoping CDBG, but that may not work out - to help leverage that additional money would be very appreciated. What is the federal grant? It's a federal 21st Century schools grant. And it's a federal pass- through so it's through the Iowa Department of Education. And so it basically extends the school day and extends the school year to provide more supervision for low-income kids. What's your...you said leverage - what is the local match? There's not a match requirement, but since it's a competitive grant if we have local dollars that would strengthen our proposals. Vanderhoefi Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. //5 Kanner: Vanden Berg: Vanderhoef: Vanden Berg: Vanderhoef: Vanden Berg: Vanderhoef: Champion: Vanden Berg: Champion: Vanden Berg: Champion: Vanden Berg: Champion: Kanner: Pfab: Lehman: Vanden Berg: Lehman: Vanden Berg: Lehman: Vanden Berg: Page 21 How much is it for again? $150,000 a year. So that's why it's so competitive. It's a lot of money. It's renewable? Pardon? Renewable? For five years. So it's $150,000 each year. Per year. Okay. Exciting. Did I read that your Hills grant was running out? Was that the same grant? It's the same grant. The only two schools in our district that are eligible for this are Hills and Twain. But what happened with those programs at Hills now? Well we're applying again as well and we have actually... Oh, you can reapply? Yeah. Oh, okay. Good. It is something that I'd like to see on a work session. It is I think as pointed out the problem's growing. I'd support that. Well I think you should get us some information. Okay. Should I give that directly to you? Just if you send it to the City, send it to the attention of Council and we'll all get it in our packet. Okay. Thank you. Thank you very much. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 22 Lehman: Chuck Goldberg: Okay. Chuck, after you we're going to take a break and then we're going to start with the regular agenda. Go ahead. Thank you. My name is Chuck Goldberg and I reside at 3146 Hastings. More importantly I'm speaking on behalf of the Sheraton Hotel located at 210 South Dubuque Street. There was a letter that was sent to Council dated February 19th specifically to the Mayor outlining the smoking ordinance that is impacting our business and the way that we do business. And I think it's impacted us in ways that were not intended to be impacted when the ordinance was established and written. There's certain things that we need to look at here. There's a lot more to a hotel than just a restaurant. A hotel is many businesses intertwined and when you labeled establishment it's my understanding through reading the ordinance - again I'm not a lawyer so I defer to the City Attorney and our attorneys to say what establishment meant - it meant liquor licenses. And that licensing encompasses the entire property. The property has many different revenue venues which are many businesses in a sense. We do 600 or so thousand dollars in banquet food which is impacted against our food gross receipts as stated in the ordinance which we can never make up in liquor. Doing the ethical, the moral, the right thing in the way we show our revenues and in the way we state our profits and the way we keep our books following all gap rule accounting and generally approved methods within the legal. There's nothing we can do to say that hey we belong in a group that gets a one-year or two- year or permanent variance to this. We've explored all of our legal options for the past year at great expense to the hotel. Without taking any type of legal action in the state of Iowa it's against the law - the state law- for two separate liquor licenses to be established at one residence, meaning our address: If we were to lease out the bar as a separate venue say to anyone of you or anybody else you would not be allowed to serve alcohol to anybody who stepped foot out of the door which means we then would not be able to take care of room service, banquets, the restaurant much more great expense and it's illegal. There'd be more people stepping out that door and either getting citations or fines to the establishment than could ever be imagined. I mean it would just be a police officer's best dream for citation. Years ago Morgan's which used to be Swan's and Chauncey's - two separate entities yet under the same roof were separated by physical wall. Them was separate air handlers. We're installing smoke heaters. We're going back to that type of establishment. I subcontract our contractor was named and hired today at the expense of over $10,000. We're remodeling the bar to make it a separate establishment. The way we show our revenues is by revenue department which is a mini- business. We've heard from many groups coming to Iowa City - and when I say lost revenue to us ! don't mean a dinner plate here and a This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 23 Champion: Goldberg: dinner plate there. I'm very much in favor of a restaurant being non- smoking. Personally, it's my opinion and I can speak that. This is not a restaurant that we're speaking of. When I say we're going to lose revenues we're not talking about $10 meals or $20 meals we're talking about tens of thousands of dollars to groups that have other options. You've put us in an unfair position and a position where we cannot do business as intended here. Coralville which I understand is a separate city is two miles down the road, three miles down the road. There are options that give them the same ability to come to downtown Iowa City, to come to the University. And they're going to go to those places because groups want their attendees to be able to do what they want in freedom. If Coralville, if all of Johnson County followed suit as other states have there would be no issue. Everybody would be put under a fair playing field. The hotel would be within the boundary of the law or the ordinance and nobody would have any way of saying well no it's not a separate establishment. What I'm asking here I guess is that City Council instruct Staff or put on the agenda to really investigate at this point what is an establishment, what was the intention of this. Let's really define the intention. The intention was for a restaurant to be non-smoking and for people to be able to go in and enjoy a meal if you serve that food as a meal without the bother of smoke. People that smoke should be able to smoke outside in a venue that doesn't serve food. That's fine. If we choose to be non-smoking then we should choose to be non-smoking with the county not just as part of a city. But a more ask you to look at and instruct the staffto say what is an establishment. What was our intent and did we intend to effect a business in this dramatic of a way. The letter states everything I've just said and I'm asking you... I believe that I'm a very strong advocator of the City. I believe in everything that this City does and stand for. I believe I've been a good corporate and community partner. And I believe the hotel has been an exceptional community and corporate partner to this City. What exactly are you asking for? I'm asking that you make the definition of establishment if separated by physical walls, if separated by separate air handlers or smoke heaters, if separated by the way you show and choose to show revenues, whether it be separate entrances or exits that we are given the ability to separate our entities in the hotel. I do over 5 million dollars in room revenue a year - actually it will 6.5 this year. That 6.5 million dollars translates to hotel/motel tax paid to the City to fund police, to fund fire, the fund the convention and visitors' bureau. As groups choose to say we're going to stay three miles down the road that does impact just a little more than the Sheraton Hotel and what we're choosing to do. And I don't say that we need an exception This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #5 Page 24 Lehman: Goldberg: Lehman: Kanner: Goldberg: Kanner: Goldberg: Kanner: Karr: O'Donnell: Wilbum: Lehman: because we feed into those funds. I think everybody pays their taxes and deserves the same right. But we are separate entities within a large building, within an establishment. And those entities need to be looked at as such. And the intention of the ordinance needs to be defined. I'll tell you what. I would encourage Council to look at that. We'll read that letter and there may be some discussions with the Attorney's office, but we'll see what we can do. That's all I can ask. Okay... Chuck you bring up some good points worth discussing. I don't know if I agree with them necessarily, but have you done any work with the visitor's bureau and anti-smoking group to look it as a plus in promotion as a non-smoking entity to bring people in? No, not at this point. I would recommend that be a first step to have a campaign, because I think there are a number of groups that would jump at the chance to be in do~vntown Iowa City... I'm sure that there are. I have a budget of just over halfa million dollars in advertising that we use to promote the City, the hotel to bring visitors into the City which put money into all of our businesses, all of our bank accounts. I mean this in the most respectful of ways I'm not here to be a smoke-free advocate or a let me promote this type of atmosphere. I mean I'm just a business person and the truth of the matter is this is affecting our business. And again as a community partner I'm asking the Council to please help us out with this and address it and define what the ordinance was really supposed to be. Talk to Josh at the convention... Could I have a motion to accept to accept MidAmerican correspondence? I neglected... Moved. Second. Moved by O'Donnell, second by Wilbum. All in favor? Opposed? Motion carries. We will return at 8:15. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6f Page 25 ITEM 6f Lehman: Michele Hankes: Lehman: Valerie Russell: PLANNING AND ZONING MATTERS PUBLIC HEARING ON AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," AND ARTICLE M, ENTITLED "ACCESSORY USES AND BUILDINGS," SECTION 1, ENTITLED "PERMITTED ACCESSORY USES AND BUILDINGS." (Reads item). Public hearing is open. This is a change to make our local code reflect the changes that have been made in the state code relative to childcare uses. My name is Michelle Hankes. I'm the Executive Director of 4-C's coordinated childcare resource and referral. I live at 115 Paddick Cimle. Iowa City and all of Iowa is in a state of crisis considering the availability of childcare. 77% of Iowa families have both parents working full-time outside of the home and that's the highest rate in the nation. In Governor Vilsack's 2002 report there was an identified 55% gap in infant care and an 81% gap in school age care. the changes in the state guidelines adopted last December allow type c child development homes to offer care to five more part-time children such as before and after school age children. The type c childcare providers must prove that they have additional education or experience, adequate housing and a full-time childcare assistant. Approximately 20 childcare providers in Iowa City are type c. Thank you for your time. Early childcare experts worked long and hard at the state level to pass this legislation and I do hope you follow their lead. Thank you. Thank you. Hi. My name is Valerie Russell and I'm a registered childcare provider and a licensed teacher. And I would like to give you some information that supports those facts. On November 27th of 2002 I received a letter from Governor Vilsack which told me that as a registered childcare home provider that a bill had been passed - Senate file 2205 o which showed that now as of...actually as of December 1st 2002 that registered home childcare providers like myself would be able to meet the needs for more families. However, the City of Iowa City does not allow me to do that. So I would like to ask that you consider what has been submitted to you and allow childcare providers like myself to meet the needs for more families. Have all of you received the papers that Karen Howard gave you? Okay. Most registered childcare providers have a waiting list and are unable to serve the needs of working parents who want and need high-quality This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6f Page 26 Kanner: Lehman: Russell: Lehman: Pfab: Lehman: Pfab: Lehman: childcare. And as you noted...I think you have the chart that the state approved of on probably the third page under category c. It shows that we could provide for up to 16 children however two of these...at least two would have to be of school age. And in order to do that the requirements have been increased. Under the child development homes facility provider and training requirements it shows that anyone who wants to be in a business such as this one would have to have had at least five years experience working directly with children in childcare or have a CDA - child development associates degree or two- or four-year childcare related degree and four years experience working directly with children in childcam. Plus we would have to have fulfilled the facility requirements. So we really encourage you to pass this because it also encourages childcare providers like myself to have more training, more education and to benefit the children by having more space indoors and outdoors and take more classes such as first aid, CPR, mandatory reporting of child abuse. And in addition we have to take 12 hours of training - two hours which must be health and safety. And then the second year and following we have to take 12 additional hours of training. But all of this additional education really benefits the children and the families because the families see that we care enough about the children to continue to take more classes, have more education and therefore of course we have more to offer to the children as well. Karen Howard is a parent herself and when I talked with her she seemed to really think this was reasonable because the state has already passed this law. And we would like to encourage you to pass it also to be consistent with what the state already passed. And as Michelle mentioned many people gather together to make sure that this requirement would really benefit children. And as you know they am our youngest citizens and we need to meet their needs very well. So thank you for listening. I had a couple... Valerie you can have these. Okay. We don't really need these. We believe you are who you say you are. I move that we make a copy for... Why would we make a copy of those? It was presented to the City Council. No, no I think she's just verifying who she is. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6f Page 27 Pfab: Russell: Pfab: Kanner: Pfab: Lehman: Kanner: Lehman: Kanner: Russell: Kanner: Russell: Kanner: Russell: Kanner: Russell: Kanner: Russell: Iknow. You can have these. I don't mind. These can be your copies. And if you did want to make a copy of these... I think they should be made part of the public record. Yeah it makes sense. I move that we make those...a copy make them part of the public record. We have a motion to receive correspondence. Is there a second? Second. All in favor? Opposed? Motion carries. I had a question for you. I'm sorry what was your name again? Valerie Russell. Valerie. Two things. It wasn't quite clear. Does it say that if more than eight...it says if more than eight children are present both providers must be present. Does that mean over eight you have to have two providers? Right. And then what's the next cutofflevel for having to have another provider? Well actually because of the City laws we cannot have more than two people in one home at any time. There's a law in the City that states that anyone who has a home business can only have one employee. So therefore I could never expand as long as I live in that house. So state code says that if you're in a childcare center how many people do you have to have at what level? What's the next level that you go to? You mean as far as the ratio of children to adults? Staff, yeah. It's...you can probably help me with this a little bit. But I know that one adult can care for four infants...no more than four infants. Six, I This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6f Page 28 Hankes: Lehman: Hankes: Kanner: Hankes: Pfab: Hankes: Russell: Hankes: Vanderhoefi Kanner: believe, is the limit usually per adult. But if you want to speak about the higher limits go ahead. What you're doing is comparing apples and oranges. Home providers...people doing childcare in their home have no more than six if they're registered with the state. The type c with the two providers can do up to 16. They have to have the two providers there if they have 8 or more children. Centers have a different...centers the ones you see like the La Petite, the buildings that no one lives there, but they do the business. And that is four infants per one person. Then it goes up to six children ages two and above per one person and then it goes up from there as the ages get older. But this is relative only to this...only to homes. This is relative only to home-providers. So you'd never have more than two adults because you never have more than 16 children. So home providers the children have to be older than infant age if you're going to have 16 people? You would have to have...in home providers you have to have four under the age of two, three of those cannot be...let me try again. Of those four infants no mom than three of them can be under the age of 18 months. There's also some restrictions that some can only come after school. There's a number of criteria that you have to work with to get to 16. Exactly. 16 are not them all day long. That's the tricky part. It's like a mathematical equation. There's a chart that everybody's trying to learn right now. You can have 11... I have the chart. You've got the chart. We've got it in our packet. The reasons I ask these questions because the state does not always set the best standards and sometimes the City sets better standards and it might be better...and even though there is... I know there's a dire need for childcare. If we're going to create potentially unsafe conditions I don't want to vote for this. And sometimes we set a better standard than the state. And that's why I'm trying to find out exactly what are the standards, how many children am allowed. And also it says 35 square feet per child indoors. That would be about half of this space here where the seats are. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6f Page 29 Hankes: Kanner: Hankes: Kanner: Hankes: Kanner: Wilbum: Champion: Lehman: Dilkes: Lehman: Champion: Kanner: Hankes: Kanner: Russell: No, 35 feet is five by seven feet. So ifI laid on the ground - I'm a little bit over five feet tall... For 16 children. That would be for one child. It's 35 feet per child. Not 35 feet for 16 children. Right per child. And so I don't think it's bigger than this room certainly. Maybe less than this room at square foot. Oh yes. This has me concerned. 16 children in a confined area. That's seems like a lot. (Can't hear) human services licenses and inspects and (can't hear). Steven, I don't know if you understand children that well, but being the mother of 8, I can tell you that they would be very happy to live in a five by four room. They want to be by you all the time. Eleanor? I just wanted to make it clear. We don't have regulations on the books now that addressed the childcare. What we're talking about is...we're addressing this from a zoning perspective. So we don't right now do any kind of investigation or have any kind of standards that deals with, you know, outdoor play areas and all that kind of stuff. So we're looking at this from a zoning perspective. And we're trying to make our zoning law consistent with the state code. And that is relative to the number of young folks that can be in the facility. So that's all we're dealing with. Right. Perfect. Thank you. So what was the answer to the first question? Can you repeat the question please? (Can't hear) 16 people in one room with two providers you're saying? Really it's not one room. For example in my case...and this is the case for many providers in this type of business. I have a wonderful walkout basement that's not really even a basement because three walls are not even under the ground. The students from West High and City High helped build the house I live in. It's one of the student This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6f Page 30 Pfab: Russell: Lehman: Russell: Lehman: Karr: O'Dormell: Lehman: Wilbum: Lehman: built houses at 735 Westgate Street. And they put five feet wide by five feet tall windows in the back so it lets in lot of natural light. And it is much bigger than this room. In fact parents are often surprised when they come in and see how huge it is because they come in the back door, they come over here. There's all this area. Then they go way back there. I mean it is huge. I probably have more than the mount of space needed for the 16 children. But I would like to make one other point about that. People who work in licensed childcare centers have the same standards that now they're being set for people like me in a home business. Those are the same standards. They have to provide 35 square feet per child of indoor space in licensed childcare centers like La Petite or any of them around time that are licensed. We're just a little step below being licensed, not much really. Because I could be the director of any licensed childcare center in town. I qualify. I've almost earned my Masters' degree in early childhood education. I used to teach kindergarten, first grade and in an early childhood program for the school district of Kansas City, Missouri. I had 20 children in a room about as big as what I'm providing right now in my home. But 20 children - that was the number allowed there. Even now today in schools in kindergarten classrooms they have less space than what I provide for 16 children and usually they have 20 children, sometimes 22 depending on the class. Steven. I just wish Valerie would allow herself to be cloned. We could certainly use a number of her. Thank you. Thank you. Thank you very much. Public hearing is closed. Motion to accept correspondence. So moved. Moved by O'Donnell. Second. Seconded by Wilburn to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6g Page 31 ITEM 6g Lehman: Steve Gordon: PLANNING AND ZONING MATTERS REZONING 2.8 ACRES FROM FACTORY BUILT HOUSING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY 12 (OPDH-12) AND AN OPDH PLAN FOR SADDLEBROOK ADDITION PART 2 LOCATED ON THE EAST SIDE OF HEINZ ROAD EAST OF PADDOCK BOULEVARD. (Reads item). Public hearing is open. Good evening. My name is Steve Gordon and I work for AM Management which is the management company for the Paddock LLC and Saddlebrook development. Thank you for the opportunity to share our thoughts concerning the proposed town homes on lot five of the Saddlebrook development. We feel it's important t(? consider this project as part of the entire Saddlebrook development and not as an isolated project. I will start with a quick history of the Saddlebrook development. The original annexation into Iowa City was in 1994 and was a total of 419 acres. Of this land 38 acres is currently used by the City for their Southside stormwater management system. 192 acres was put into a conservation easement for wetlands and green space preservation. And 189 acres was zoned for development with a mixture of low and medium density residential and multi-family uses. Saddlebrook development contains 99 of these 189 aces available for development. Saddlebrook was created with a vision of providing community, value and lifestyle for its residents. The vision has been well received and Saddlebrook has had great success. We recently completed 60 apartment units with an exciting building design new to the City of Iowa City which has drawn compliments from Staff as well as the community as a whole. We have completed construction and sold 48 condo units to a variety of families. And the next 48 units are currently under construction for completion and sale in this year 2003. And we also continue to grow our single family home community called the Paddock on an average of 20 new home owners each year. All in all about 100 new families moved into Saddlebrook in 2002. The amenities offered within the development include a 4,000 square foot clubhouse which is the focus of the community and serves as a gathering place for many events. The clubhouse includes a full kitchen, a large gathering room, a conference room, several offices, a fitness center and a media room. In addition to the clubhouse, Saddlebrook offers walking trails throughout the development that will hook into the City-wide trail system, two ponds stocked with fish, a picnic area, three playground areas, a basketball court, ample green space for whatever you like to do and of course the 192 acre conservation area mentioned earlier. All of this is available to the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6g Page 32 Vanderhoefi Gordon: Vanderhoef: Gordon: Vanderhoef: Gordon: Vanderhoef: Gordon: Vanderhoefi residents of Saddlebrook while maintaining quality housing at an affordable price. The Belmont town homes which is a Saddlebrook housing option in front of you tonight will provide additional diversity to the types of housing we can offer while at the same time maintaining affordability. We have worked hard with City Staff over the last several months to design a neighborhood that meets the goals and intentions of the comprehensive plan. We appreciate the vision and the architectural designs provided by the staff and together created the Belmont town homes. We feel that this project is a valuable addition to the Saddlebrook community. Belmont town homes will continue to enhance affordable housing diversity for our project, southeast Iowa City and the entire community. We appreciate your support. And I'd be glad to answer any questions you may have. Steve I asked earlier this evening at the work session. It doesn't affect this project directly but between the number of units when these are approved is getting up close to that requirement for a secondary access... That is correct. ...into the area. And I know you're keeping watch on that. Right. My question is do you have any plans in the near future to open that road to the west of the Saddlebrook area so that the connection could be made over further west and people could enter Highway 6 at the stoplight? Yes. We have...we've met with staff a couple of times with some preliminary thoughts for the...there's a 62-acre piece just to the west of the Paddock which will serve as the connection up into the Barker development which will then exit onto Lakeside which will allow people to get onto Highway 6 at the light. And there is...the Barker developments will be developing this spring to bring the road down to our 62 acres and we have plans in work to start the 62 acres which would bring then connect their development with our development and allow access up to Lakeside Drive and then onto Highway 6. Any timeline on when that might... ? The Barker development will probably start moving dirt April 1st. And we are working with our engineers currently on a design for the 62 acres to be put in front of Staff here this summer some time. So you're designing the road as you design the development? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6g Gordon: Vanderhoef: Gordon: Vanderhoef: Gordon: Vanderhoef: Gordon: Vanderhoef: Gordon: Lehman: Pfab: Gordon: O'Donnell: Karr: O'Donnell: Vanderhoef: Lehman: Pfab: Lehman: O'Donnell: Page 33 Yeah. We need to put a site plan together for the 62 acres that would include the road that would connect the Barker subdivision with our subdivision. And so that should be at Staff this summer and hopefully for approval yet this year. And maybe move dirt later this year, but certainly by spring of '04 is our intention with that. Which comes first - all the housing or the road? The road would come first. You build the road first and then develop around it. Good. Thank you. The road will connect on the very northeast piece of that 62 acres which is the first part that we would develop. I've seen the sketches of it a long time ago. Everything to the west and south would come second. And that road would come in first. Okay. Thank you. You're welcome. Thank you. I would just make a comment. I appreciate the work you're doing very much. Thank you. Appreciate that. Thank you. Thank you. Motion to accept correspondence. So moved. Second. Moved by O'Donnell, seconded by Vanderhoef to accept correspondence. All in favor? Opposed? Motion carries. Public hearing is closed. Do we have a motion for first consideration. So moved. Moved by Pfab. Second. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6g Lehman: Champion: Lehman: Page 34 Seconded by O'Donnell for first consideration. Discussion? They've asked for expedited consideration. This is by doing first consideration the same night as we do the public hearing. Any discussion? Roll cai1. (Motion carries.) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6h Page 35 ITEM 6h Lehman: Dilkes: Lehman: Kevin Hanick: Hanick: Lehman: Hanick: PLANNING AND ZONING MATTERS CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE TO CB-5, CENTRAL BUSINESS SUPPORT ZONE FOR BLOCK 67 OF THE ORIGINAL TOWN PLAT, EXCPETING THE 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET. (Reads item). Is this... Public hearing. Yeah this is supposed...public hearing is open. I'm Kevin Hanick. I'm the applicant on behalf of the owner, Patricia Lenoch, of the property at 130 North Dubuque Street. For many years familiar to Iowa Citians there's an Amoco Gas Station. I would sign in. Actually I think Kevin you're speaking to the next item and that's okay because they're both very... I'm sorry. No, no that's fine because they're both part of the same thing. Go ahead please. Essentially we would like to redevelop this property. It is one of the last sort of un-redeveloped pieces of property that we consider to be in the entry way or the gateway to Iowa City Dubuque Street from the Interstate. And we would like to build a new building there. And in looking at various feasibilities it's become impossible under the current zoning to create an economically feasibly or aesthetically pleasing project without changing the zoning slightly. It's a subtle change, but it's a significant one in terms of possible future building - changing from service to support. First of all it goes without saying this is a zoning question and we have to look first and foremost to your own descriptions of what those zones mean and I think it's very clear that as our City has evolved that this is clearly now a support area for downtown. The various uses that have been there in the past really have changed. The breweries are gone and most the gas stations now are too. And the automotive service uses. But given the size of the property - it's a small parcel - and the need to develop a mixed use building we need to provide parking for a limited number of residential units and ground floor commercial space. We have a This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6h Page 36 Kanner: feasibility plan, architectural plan that was devised in cooperation with the planning department and the building department. We've worked with them to devise a plan for a 10-unit apartment building with approximately 3500 to 4000 square feet of main floor commemial space and 10 underground parking places to service the apartments. It's a modest development. But it's one where we could incorporate significant design features. And in fact the agreement that we came to during the P&Z section. We have entered into a conditional zoning agreement that does provide for design review and it already provides up front certain specifications for the use of masonry and style that we would be required to incorporate into a final design for that property. So the point is we want something that's useful, feasible and enhancing for that key coruer that any visitor to Iowa City will encounter as they enter the City. There's also...and I'll bring this up. I don't think it's really a question, but I just try to anticipate one of the concerns is that is a classified site. It was a former gas station and there is a pollution question there. The current owner has cooperated for years in monitoring that site with DNR. There's a private company Seneca Environmental out of the Quad Cities that has been the agent monitoring that site for a number of years. The DNR would like very much at this time to remediate that site. And we think it's a very opportune time to incorporate that remediation into redevelopment of that site. I've been in regular contact with the folks from Seneca and they are just finishing the plan which will be submitted to DNR which will provide for an over-excavation of certain portions of that property prior to the redevelopment. And their aim, their objective, is to have that site reclassified as no further action. And they feel they can achieve that in this process. So we feel there's a gain there, an environmental gain there. I know there is concern by the neighbors that in doing this there would be a chance of disturbing properties that adjoin this property. I have been assured by Seneca that the over- excavation section during the remediation would be no closer than 50 feet from the existing properties on each side. And we don't think this will be a problem for them. But in the end we're looking to do something aesthetically pleasing, something that will enhance our environment down there and make a further contribution to the gateway appearance of Iowa City. And therefore we are asking for this change of zoning. We originally requested zoning change for this property and we were advised and we consented with Staff and with Planning and Zoning to...that's why we have two items here - to incorporate this into a larger area so it wouldn't truly be a spot zone. It would in fact be a more appropriate zone for a larger area of which this is a part. Any questions I could answer? Have you had a chance to look at the objection that the Wesley Foundation posted? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6h Page 37 Hanick: Lehman: Hanick: Lehman: Dilkes: O'Donnell: Pfab: Lehman: Hanick: Lehman: Hanick: Lehman: Bob Downer: Lehman: Downer: I have not. We haven't either. Wejust got it tonight. There's been an objection filed to this and we have not verified. But there will not be action taken tonight. We will continue the public heating. I think it's only responsible that we answer the objection. I mean ! won't do it now, but... Given the objection just in terms of protocol. This is submitted tonight. We will continue public discussion and then this will be deferred until the next meeting because of the objection? Well action...we won't close the public hearing until such time that this could be verified as to the... You can close the public heating if you want tonight or you can continue the public hearing. What we can't do tonight is take action because we don't know if there's a supermajority requirement because we haven't verified the statements made in the objection about what percentage of property they... So then we need a motion to... No, no I think the public hearing is... Not yet. There may be someone here that would want to speak to this objection. I suspect that that may be the case. Okay. Then I can perhaps come back. If we need to. That's right. Alright. Thanks. Would someone like to speak to the objection to this rezoning? I'm glad you asked that question Mr. Mayor. I am here for that very purpose. Patiently waiting. Yes. I'm BoB Downer. I am the attorney for the objectors - the Wesley Foundation of Iowa and the First United Methodist Church. My plan rather than speaking specifically to the objections is to cover some other matters if I might that are not referred to in the objections and that is with respect to exception that these objectors would take to certain of the conclusions that were reached in the Staff report. Simply put the objectors do not feel that this is a proper zone for this property either specifically the property that was the original subject of This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6h Page 38 this application or of the overall block 67 that is being proposed to be rezoned. We simply feel that the proposed zoning classification does not fit particularly this block and that one property that comprises only 6.25% of the property within the block exclusive of the alley should dictate the zoning of the block. Let's take a look at this block if we might. This block historically has had the majority of its uses in religious institutions. The First United Methodist Church and St. Mary's Church have occupied the south half of that block for well over a century. In fact I believe it's in excess of 150 years. (End of Tape 03-23, Beginning of Tape 03-24) Downer: ...foundation occupies a substantial part of the block bordering the subject property both on the south and on the east. This block we would submit is much more comparable to the block to the west where Gloria Dei Church and the Newman Center are located. The Old Park House Hotel which is now restored apartments. There again the predominant use of the block is for long-time established religious institutions. There have been historically restored properties in both blocks and only a small portion of the property that does not have long defined uses that have been maintained and I think beyond substantial question are going to be there in those blocks long after all of us are gone. In both cases the properties are bordered on at least one side by the University of Iowa campus and there is just very little about these two blocks that is not comparable. Yet it is not proposed in this rezoning that the property be rezoned as PRM which the block to the west is, but instead going to CB-5. It's further apparent from the Staff report that the plans for the rezoning of the area are not complete at this point, but once again a relatively small property is dictating apparently what is going to be done not only on block 67, but its indicated areas well beyond that. But there is not a clear definition of what these plans are, how the existing ordinance might be modified, etc. The staff report refers to developing this property for pedestrian orientation yet looking at it, it is bounded on three of its sides - the block that is by three of the most heavily traveled streets in Iowa City - Jefferson, Market and Dubuque. There is concern expressed in the staff report about having design criteria applicable to this property because of the importance which it is felt to have in terms of an entrance to Iowa City. The PRM zoning classification also contains design criteria that can be applied to this property. The staff report further refers to maintaining the existing character of the neighborhood. As I mentioned this property is only 6,000 out of 96,000 square feet within this block. All of the other properties I think are well-established as I mentioned and are not likely to change. I don't believe that the proposed use of this property is indicative of either the present or the likely future character of this lot. The staff This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6h Lehman: Downer: Lehman: Karr: Vanderhoef: Wilbum: Lehman: Pfab: Lehman: Pfab: Lehman: O'Donnell: Lehman: Pfab: Page 39 report further states and I quote "the CB-5 zone is more consistent with the historic development pattern of the near north side area which is pedestrian oriented buildings with second and third floor apartments and little off-street parking provided." There is not a single structure within block 67 that meets that description that is said to be present in this neighborhood. You need to wind this up, Bob. Finally, there has been a considerable amount of conjecture that was addressed about what use was proposed to be made of the property. While I don't think it's any secret that the Wesley Foundation would like to improve its property with or without being able to purchase this property. At the same time there are no plans that I know of that anyone has for converting this property to a surface parking lot. I think that is a straw man argument that won't go anywhere. We'll be happy to respond to any questions that the Council may have after there is an opportunity to review the objections and I won't impose upon your time further. Thank you. Thank you, Bob. Would anyone else like to speak to this issue? Motion to accept correspondence? So moved. Second. Moved by Vanderhoef, seconded by Wilbum to accept correspondence. All in favor? Opposed? Did we close the public hearing? No we have not. My question is do we want to continue the public hearing because we need to verify... ! would move that we continue the public hearing. We have a motion to continue the public hearing to April 8th. Is that the correct date? I would second that. We have a motion by Pfab, seconded by O'Donnell to continue to April 8th. All in favor? Opposed? Motion carries. Can we accept correspondence now maybe. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6h Page 40 Lehman: O'Dormell: P fab: Lehman: We just did. We just did that. I thought we did that after we closed the public hearing. We didn't close the public hearing. We continued it Irvin. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6i Page 41 ITEM 6i Lehman: Pfab: Vanderhoefi Lehman: Dilkes: Lehman: Champion: O'Donnell: Lehman: Vanderhoef: Kan': O'Donnell: Pfab: O'Donnell: Pfab: Dilkes: Karr: PLANNING AND ZONING MATTERS i. PUBLIC HEARING ON AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE TO CB-5, CENTRAL BUSINESS SUPPORT ZONE FOR A 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET. (Reads item). Public heating is open and I would entertain a motion to defer this to the... So moved. Second. Moved by Pfab, seconded by Vanderhoef to continue this to April 8th, Ail in favor? Opposed? The motion carries. And we will look over the objections. The staff will have an opportunity to verify and we will have a continuation of that meeting. Can we get a deferral of the first reading of the ordinances on both those items? Indeed a deferral... Move to defer. Second. We have a motion to defer the first reading by Champion, seconded by O'Donnell. All in favor? Opposed? Motion carries. That's April 8th. Motion to accept correspondence. So moved. And I would move that we defer the second consideration. We're accepting correspondence. Oh. We already did. We've done them both. And we need a second to accept correspondence. We move to j. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6i Page 42 Champion: Kart: Lehman: Karr: Lehman: Pfab: Champion: Pfab: Champion: O'Donnell: Pfab: Lehman: Pfab: Second. Thank you. Which correspondence are we accepting? Never mind. i's. We have a motion and a second to accept correspondence. All in favor? Opposed? Motion carries. We don't know what we accepted, but we did it. But I move that we... We're done. We've done it. Everybody covered. We've done everything. We've done everything at least once. Okay. Twice I think. Don't do anything. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6k Page 43 ITEM 6k Lehman: Vanderhoef: Wilbum: Lehman: Kart: Lehman: Champion: O'Donnell: Vanderhoef: Lehman: O'Donnell: Vanderhoef: O'Donnell: Vanderhoefi Pfab: Lehman: Kanner: Champion: PLANNING AND ZONING MATTERS k. CONSIDER AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5) PLAN FOR THE PENINSULA NEIGHBORHOOD AND AMENDING THE PENINSULA NEIGHBORHOOD CODE. (Reads item). This is second consideration. Move second consideration. Second. Moved by Vanderhoef, seconded by Wilburn. Discussion? They have requested expedited action. We need to look at our little... He's got one of those little pieces of paper. This is waiving second? Ross I think you've got it. No, we're starting it over. You got it Dee Yep. Go ahead. I move that the rule requiring that ordinances 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 and that the second consideration and vote be waived and that the ordinance be voted on for final passage at this time. Second. We have a motion and a second for expedited consideration. Discussion? Is there an emergency that's been noted? We don't have very many meetings. That's the emergency. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6k Page 44 Lehman: Terry Stamper: Lehman: Stamper: Lehman: Vanderhoefi O'Donnell: Lehman: Karr: Vanderhoef: Lehman: O'Donnell: Lehman: Terry I think it would help the Council if you would explain why you would like this. I mean I think that traditionally we have folks that don't like to expedite. If there's a good reason for it, it makes our job easier. I'm Terry Stamper, 1712 Lewis Place, the Developer of the Peninsula neighborhood. The...our emergency obviously is that it's winter time and we're trying to get houses...to keep building houses. And we're stopped right now on a couple of our houses. Plus that whole section of the block until these two issues are passed.., it's hard to build in the winter time anyway. We've got buyers for houses and can't start them until this has been passed. So if it's the pleasure...at your pleasure if you'd pass these we'd appreciate it. Sounds like you need to speed it up. I'm sorry? It sounds like you need to speed it up. Alright. Thank you. Any other discussion. Now we're having roll call on the motion to expedite. Motion carries 6-1, Kanner voting the negative. I move the ordinance be finally adopted at this time. Second. Moved by Vanderhoef, seconded by O'Donnell. Discussion? Roll cai1. Motion carries, 6-1. Kanner voting the negative. Motion to accept correspondence. So moved. Moved by Vanderhoef. Second. Seconded by O'Donnell to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #6n Page 45 ITEM 6n Lehman: Champion: Lehman: O'Donnell: Lehman: Pfab: Lehman: Pfab: Lehman: Pfab: Champion: Lehman: PLANNING AND ZONING MATTERS n. CONSIDER A RESOLUTION APROVING FINAL PLAT OF WINDSOR RIDGE, PART 17A, IOWA CITY, IOWA. (Reads item). Move the resolution. Moved by Champion. Second. Seconded by O'Dormell. Discussion? Are there any more controversies surrounding that now? I think Irvin there's always controversies to everything. Thank you for supporting my position. I don't know of any...we haven't had anyone approach us so... Okay. Alright. I just kind of lost track of that one. So (can't hear) question. Have some candy instead Irvin. Is there other discussion? Roi1 call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. //60 Page 46 ITEM 60 Lehman: O'Donnell: Vanderhoef: Lehman: Karmer: Lehman: Vanderhoefi Lehman: Kanner: Vanderhoef: Lehman: PLANNING AND ZONING MATTERS CONSIDER A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE UPDATED JCCOG ARTERIAL STREET PLAN. (Reads item). So moved. Second. Moved by O'Dormell, seconded by Vanderhoef. Discussion? Yeah I don't think there's a need for Camp Cardinal in there at this time especially for the price we're paying. So I'll be voting no. Other discussion? I'll just respond that this is part of the comprehensive plan. It has no dollars put in there and that this is a process that we must go through to put it on a comprehensive plan before we can even design or think about getting dollars for it. Other discussion? Dee, the fact is though that it's been mostly negotiated of approximately 1.8 million dollar price tag the City provides. It's going to open up that area for development that most studies show that at the best it might be break even in terms of tax dollars for the City. You can argue that when we get to that point. We're talking about a comprehensive plan and we must put it on a comprehensive plan to even talk about it. Any further discussion? Roll call. Motion carries, 6-1, Kanner voting the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #7 Page 47 ITEM 7 Lehman: O'Donnell: Pfab: Lehman: Holly Berkowitz: Lehman: Berkowitz: Lehman: Karr: Champion: Lehman: Kanner: Dilkes: Vanderhoef: Atkins: Kanner: O'Donnell: Lehman: THE FILING OF THE CONSOLIDATED TRANSIT FUNDING APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2004 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. (Reads item). Public hearing is open. Public hearing is closed. Do we have a motion to consider a resolution? So moved. I think there's somebody... Oh, I'm sorry. Yes. I wholeheartedly support your support of mass transit. Oh, thank you. It's very cost efficient. The trains and buses are the most cost efficient for of transportation there is and your vision for Iowa City. Thank you. Thank you, Holly. Roll call. Moved by O'Dormell, seconded by? Champion. Moved by O'Donnell, seconded by Champion. Roll call. This includes Court Street funding. This is the transit... Transit Center. Yes the Court Street (can't hear) transportation center is part of this. Yeah. (Can't hear) transit center in there. I don't know if it's too late. I'd like to make an amendment to remove that part to be voted on separately. Is it too late? I guess it would depend on those who made the motion and second. If they would like to withdraw those. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #7 Page 48 O'Donnell: Champion: Lehman: Kanner: I'm not going to withdraw. I'm (can't hear) withdraw my second. We don't have enough to withdraw so we're voting. Yeah this is for...I wasn't aware of this. This is to fund the parking ramp which has a few nice other things. And we heard Oliver talk about it earlier. We were told when this was being planned that we don't know who's going to use it, what the rate will be. We haven't done surveys. And it's not necessary for us at this time. So, since you won't amend it to vote separately even though the rest of the funding is goes for a good cause I'll vote against this. No. Okay. The motion carries, 6-1. Kanner voting in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #10 Page 49 ITEM 10. Lehman: Pfab: Champion: Lehman: Vanderhoef: Lehman: Dilkes: Champion: Pfab: Karr: Dilkes: Vanderhoef: Lehman: Dilkes: Lehman: CONSIDER A MOTION GRANTING A 45-DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT #02-01. (Reads item). Move the resolution. Second. Moved by Pfab, seconded by Champion. Discussion? Is this really on 02 complaint that still hasn't come forward? Is that how I read the complaint number? I don't know how their... And that's not unlikely. I mean, you know, once a complaint is filed there's a 90-day period before... It's only March. Is this two or three? 02-01 simply means it came in sometime in '02 and was the first complaint. It doesn't mean it's a year old. It could be late in the year. It could be December. Okay. Alright. Further discussion? Roll call. Motion. It's a motion. Oh, I'm sorry. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #13 Page 50 ITEM 13 Lehman: O'Donnell: Vanderhoefi Lehman: Champion: CONSIDER AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO DECREASE OR CHANGE TItE RATES FOR FEES AND CItARGES FOR WATER SERVICE CItARGES. (Reads item). I would love to move the second consideration on this. Second. Moved by O'Donnell, seconded by Vanderhoef. The reason that I got so distracted I was so excited about this ordinance. Your excitement wasn't apparent. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 51 ITEM 15. Lehman: O'Donnell: Vanderhoef: Lehman: Kanner: Wilburn: Kanner: Lehman: P fab: Lehman: Kanner: CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET EXCLUDING THE HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2004. (Reads item). So moved. Second. Moved by O'DonneI1, seconded by Vanderhoef. Discussion? I'd like to offer some amendments to the budget. Some of these may not be appropriate for this part of the budget that we're considering so I would appreciate help when we get to that part on moving it to the other appropriate section. Although I feel in my mind it's hard to separate because one item affects another so I don't quite understand the breaking out of this as an overall philosophical goal. I requested that that be broken out because I had a conflict of interest with item number 16 which includes the budget line items for human services and aid to agencies. I understand that sense it just seems that you increase one part of the budget you perhaps increase others or vice versa so they're intertwined. Be that as it may I'd to introduce the first amendment which is in category Public Works/Airport. There are two parts. The first part is a.) Delete expenditures of $183,000 transfer from the general fund to the airport, b.) Add income of $266,000 for debt service from airport revenues thereby reducing our debt service levy by like amount. That's amendment number one that I propose. Is there a second to that amendment? I'll second it just to get through it. We have a motion and a second. Discussion? We spend over $400,000 a year to subsidize the Iowa City Airport. Reports state that there is minimal economic activity contrary to what's put out by some members in the community. Most of the airport economic activity is generated perhaps by ticket purchases for Cedar Rapids. Very few people use it relative to other forms of transportation and I think it's time that we set some definite limits on payments of general property taxes to the airport. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 52 Lehman: Kanner: O'Donnell: Lehman: Kanner: Lehman: Champion: Lehman: Pfab: Lehman: Kanner: Lehman: Vanderhoef: Lehman: Steven I just have a question on item b you say add income of $266,000 from airport revenues where do you think that's going to come from? Well I think ultimately we need to have a discussion on perhaps changing it to private hands or some other way. I think the way to do it perhaps is to sell property to pay off debt. Which we... I think we're in the process of trying to. It's what we're intending to do. Is there any other discussion of the amendment? Okay. Do we need just roll calls on the amendment? All in favor of the first amendment indicate by saying aye. Opposed same sign. Amendment is defeated 6-1, Kanner voting in the affirmative. Amendment number 2 is transit and bike lanes add expenditure of $100,000 from general fund to increase bus routes and lower fares and add expenditures from $50,000 from the general fund to increase bike lanes. I think the first one is...where are you going to get the $100,000 from the general fund because I don't think that we can increase funds. Should we discuss this without a second? I'm sorry. Do we have a second? I will second it. We have a motion...or an amendment and a second. Well certainly it goes hand and hand with the first part but I would say that if we do not immediate funds we use contingency funds and reserve amounts for this. Discussion? Well anytime you talk about using reserve accounts I'm not in favor of that because the reserve account is one of the things that we look at all the time for the our triple A bond rating and you drop your reserves too Iow when it's a non-emergency situation without a possibility of payback I'm not interested in dropping my reserve account. Other discussion? All in favor of amendment indicate by saying aye. Opposed same sign. The motion is defeated 6-1, Kanner voting in the affirmative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 53 Kanner: Lehman: Pfab: Lehman: Vanderhoefi Champion: Vanderhoef: Kanner: I'd like to propose amendment number 3 of police category ofpublic safety. Add expenditures of $100,000 from the general fund to support alcohol and drug rehab work for organizations like MECCA, b.) Redirect the Edward Burn grant of $69,000 to organize organizations like MECCA. This will eliminate one police officer position currently funded through this grant and I'll explain that if it gets second. C.) delete expenditures of $100,000 from the general fund by eliminating two additional police officer positions. D.) add expenditures of $25,000 from the general fund to support after-school care programming for youth. Is there a second? I'll second it. We have a motion and a second. Discussion? Okay. I'll go first on support for alcohol and drug rehabilitation through our Aid to Agencies. MECCA is one of the agencies that we fund so we already are putting money from our general fund into MECCA. And for support of after-school care we also support neighborhood centers and what's the other one Connie also from general fund dollars. ARC is part of after-school programs. There are a lot of programs (can't hear) childcare. So we are already contributing the amount from our general fund that goes for human service agencies right now in this present budget is in the neighborhood of $350,000. So we are certainly supporting alcohol and drug rehab. We are supporting youth and after-school care. Dee, I would agree. We are supporting at a certain level and I would say we need to do it even more. The needs are quite desperate. I interviewed a homeless person that couldn't stop drinking, couldn't get into MECCA. We need to fund even more at a higher level at this time for the long run, for the health of our community. We just heard from the Iowa City School District about greater needs for after-school programming. We are doing some. We need to do more. We've had a tremendous increase since '96 inthe number of police officers. Our rates if you include the University of Iowa Department of Safety divide into that $62,000 figure which includes UI students is 1.68 officers per 1,000 residents of Iowa City. It's above the state average and it's way above the 1.4 officers per 1,000 for similar sized cities in this portion...this section of the country. So we are well staffed. We lost our funding...our less than 75% funding from the feds for the police officers. That in addition to putting the money into different This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 54 Lehman: Kanner: Lehman: Pfab: Lehman: Karmer: Karmer: Lehman: Vanderhoef: Kanner: Lehman: Kanner: Lehman: areas will help us. The Edward Bum grant does give some flexibility. It can be used for different drug prevention programs. And I think it would be better spent to use it for that instead of the ways that it's being used now in our community. Other discussion. All in favor of amendment number 3 indicate by saying aye. All opposed same sign. Motion is defeated 6-1, Kanner voting in the affirmative. Number 4 new roads - delete expenditures of $200,000 from debt service for Mormon Trek extension, Highway 1 to Highway 921. We have a motion. I'd second it. We have a second. Discussion? As I mentioned earlier I don't think the new roads is going to at this time is going to pay offfor us. It is going to make some developers and landowners pretty rich. And I think we can do better than that in terms of transportation. You know Steven it might provide some commercial property for development and even have some jobs too. Other discussion? What? Other discussion? It will certainly have the opportunity for our folks who build roads to have more jobs available this summer. Certainly it does some of those things. Anything creates economic activity - the airport, building roads. The question is what creates more and benefits I think more of the people in Iowa City and the surrounding community. And I think the benefits accrue to the few and the risk and the payments accrue to the many and we need to reverse that. Other discussion? All in favor of the amendment say aye. Opposed same sign. The motion is defeated 6-1, Kanner voting in the affirmative. Okay this is aid to agencies so is it appropriate for the next agenda item? Yeah you better... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Atkins: Kanner: Atkins: Karmer: Lehmanl Pfab: Lehman: Atkins: Lehman: Atkins: Lehman: Atkins: Lehman: Kanner: Lehman: Pfab: Lehman: Page 55 Yeah I would think...yeah I would agree Steven I would wait until the next item and do that. And community events? I would the same thing. So save five and six for that. So number seven would be economic development - under community and economic development category a.) Would be delete expenditures of $25,000 from the General Fund associated with Economic Development that goes for ICAD. B.) Delete Expenditure of $100,000 of Debt Service associated with Economic Development. That's my amendment. Is there a second? I'll second it. I just have a question Mr. Atkins do we have $100,000 of debt service going to economic development? You have a line item in your capital improvement plan called economic development. But not debt service. If a project were to come along it would be the intent that you would sell GO debt to help support whatever component of that project you would choose to... But $100,000 worth of debt service pays how much debt? About a million and a half. Oh, okay. Other discussion? All in favor of amendment number 7 say aye. Opposed? Amendment is defeated 6-1, Kanner voting in the affirmative. Amendment number 8 - Municipal Electric Study/Preparation under the category of General Government. Add expenditure of $40,000 from General Fund to support Municipal Electric Utility efforts. Do we have a second? I'll second it. We have a motion and a second. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 56 Kanner: Atkins: Kanner: Vanderhoef: Karmer: Atkins: Vanderhoefi Atkins: Vanderhoef: Kanner: Atkins: Kanner: We've gone down the right path. There's great potential. This is, I think, one of our best potentials for economic development - a city owned municipal system. We get money circulating in the City, don't have to depend on trickle down economics. The money...if we form a utility my understanding is that we can recoup that money from residential rates. Yes. And hopefully still have lower rates for our customers. So I think it's a win/win situation. There's a bit of a risk if we don't form a utility, but I think it's well worth that risk and we need to put some money aside for some of the expenses that we will have in the future such as legal fees before the Iowa Utility Board, a cost associated with an Iowa City referendum on the issue which hopefully we'll have this summer and further study on the issue because we're doing a preliminary study and I'm sure that we're going to want to do more. So I think we need to think ahead on this and budget for it. And where are you going to take the $40,000 out of the general fund? We have money set aside in part already from the... Correct. We budgeted $50,000. Our estimate right now is $17,000 so you're $33,000 to the good in a fact. So we've almost got the $40,000. You're almost there. So to add another $40,000 then we'd be up at the $70,000. No this would not go beyond what we have budgeted. Plus $7,000. That's the way I read it. It would go from contingency ftmds perhaps. Certainly if this were to pass my amendment has a net savings for property tax payments. Because of the requirements of state law of keeping within each category only decreases we might have to do amendments at a later time to make it work out. But I think it's a net savings. Most of these amendments for the citizens of Iowa City and we certainly are capable of making amendments in fiscal year '04. And we've done things similar to this in altering our financial plan and then making an amendment... Atkins: That's correct. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 57 Kanner: Pfab: Vanderhoefi Pfab: Atkins: Pfab: Atkins: Pfab: Karmer: Vanderhoef: Pfab: ...for our state submitted budget. I have a question. Is this something that we would be better offto wait until we get our report back? I think you're on the right track there Irvin. In one sense we might be...it would easy to be accused of jumping the gun here I believe. I would make just a note of caution. And I understand Steven's interest in the support of municipal electric. Once we get the study remember there is always a very real possibility you'll ask for other "I want an elaboration of this issue." And I would assume that's going to be an out-of-pocket expense. So you do know that we did budget $50,000. $17,000 is our commitment, but we're $33,000 in effect to the good if you were to adopt the budget the way it is. I support the municipal electric, but I think maybe we're jumping the gun here just a little bit. As long as there's $37,000 in there now. $33,000. Or $33,000 1 mean. Well Irvin I think that certainly it doesn't have to be spent if things don't go in that direction, but just like people were proponents of economic development funding - "economic development funding" - saying we have to be proactive. I think we as a blueprint for our philosophy we can say we want to be proactive. We expect good things to come. We realize the study might show something totally different and we'll act accordingly. But the expectation is like cities everywhere savings will happen and we got to be ready to move on this. I wish you had put this out before we set the public hearing. There's a whole lot of things that you're talking about taking general fund monies or reserve fund monies that we should have had this discussion long before we published this for public discussion. I think Irvin is on the right track that if and when we get to that point if we choose to make some adjustments to the budget then we'll know exactly what we're talking about. I believe the public has a right...that we go into this thing with a neutral look. We anticipate there will be savings. But I think the public has a right to expect that we're going to wait and see once This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 58 Champion: Champion: Kanner: Champion: Karmer: Lehman: Kanner: where we're at and move aggressively. I'm for moving aggressively what we find out. Well I think the time for all these amendments would have been when we were discussing the budget and if the public wanted to react to them they could. This is not a public hearing tonight. This is an approval of a budget that we've spent hours and hours and hours and hours talking about. And I resent the fact that you show up with ail these amendments which you've never shared with us before. And now they're very important to you, but how do you expect to get anything passed when you're bringing it up on the night that we're going to approve the budget. It seems...it's a typical thing that you do Steven is to try to grandstand about items we're discussing. These...I'm not willing to discuss things that you bring to me the night we're supposed to approve the budget. I don't think it's fair to the public. And you talk about public input. This is all you. This has nothing to do with the public. Well actually I've heard from a number of constituents that would appreciate this kind of thing. They might have appreciated it. I think the fault lies in all of us in not setting goal-setting and not working on the budget at a much earlier date. I also move kind of slow. I think that we can do a lot better in the process Connie I would agree with you. Well you might need to learn from it then. We should do this in a better fashion. We should be setting the agenda in September, July, August and September for the future agenda and discussing these things at that time. There's...when we get it it's mostly a done deal. So this is certainly a philosophical statement. If you agree with some of it hopefully you'll vote for it, but if not that's fine. Steven and I really think that you may have some issues here that are really worthy of discussion. But I think that when you bring them to us at the 11th hour when our budget has to be certified in what four days that it's unrealistic for you to expect your fellow Council members to even take them seriously when they've never seen them before. And again I move a little slower and we start kind of late in the process. And it takes awhile to take it all in. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 59 Lehman: Pfab: Kanner: Lehman: Kanner: Lehman: Pfab: Lehman: Pfab: Lehman: Kanner: Well is there further discussion on amendment 8? I would just make a comment. I think the point you just made is probably the most important statement of all these is that yes ~ve do need to take another look at how we do this - maybe get started earlier. But I think at this point, you know, I'm not here to criticize, but it looks to me like yes these are real problems. There's no question. But I'm a little uncomfortable trying to make the thing work And perhaps this is something then if people are concerned and we can follow up and we can take each of these issues on a work session. Let's deal with amendment number 8. If there's no further discussion all in favor say aye. Opposed same sign. Motion is defeated 6-1, Kanner voting in the affirmative. Number 9 - the Senior Center under Culture and Recreation. The proposed amendment to delete expenditures of $25,000 from the General Fund by moving the Senior Center into the Parks & Rec Department. This will allow the City to move the Senior Center Department Head position to a "Program Supervisor" level at a lower $48,000 pay range. B.) add income of $25,000 to General Fund by imitating $2 - $20 sliding scale membership fee. And c.) Add income of $12,000 to the General Fund by charging a fee to Heritage Agency on Aging/Elderly Service for Senior Dining space. Is there a second? I'll second. We have a motion and a second. Discussion? I think we have some...we need to take a very hard look at what's going on at the Senior Center, but I'm not ready to move this way on a rather short notice. I think there is a lot of opportunity because of the challenges that are there. And I think this thing really needs to have a real hard look at it, but I'm not willing to do it right now. But you're right on. Things have to change there. Further discussion? Yeah. Numerous cities in Iowa do include their Senior Centers in Park and Recreation. We need to cut back I think somewhat on administrative costs and look at rearrangements and look at the Senior Center from top to bottom. A fantastic space with some nice programs that for the most part are being wasted after about 2:00 p.m. I used to This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 60 Lehman: Karmer: Lehman: Pfab: Lehman: Kanner: Lehman: Vanderhoefi work in the Senior Dining which ~vas in the Senior Center space and we can do a lot better. We need to make a membership fee that's accessible to all people that want to use and are currently using the Senior Center. And also we need to look at collecting some money from Heritage Agency. They cut off the contract with the county and I don't blame them for cutting back. Essentially they were paying $150,000 for rent to a certain extent. This was their major program and it was taken away from them so why should they keep paying it. Heritage comes in and doesn't pay anything. It's been brought up by me over and over again and I think we have to at least negotiate with Elderly Services to see if they would kick in some money. I think it's not unreasonable to ask that. Any further discussion? All in favor of amendment number 9 indicate by saying aye. Opposed same sign. Amendment is defeated 6-1, Kanner voting in the affirmative. And the final amendment for the budget - for this part - is Administrative Salaries under the category of General Government. A.) Delete expenditures of $78,000 from the General Fund by cutting the proposed raises of the Iowa City Administrators to one-half the Union negotiated percentage increase. Do we have a second? I'll second it. We have a motion and a second. Discussion? Our management is well compensated. A one percent rate for someone making $60,000 of course is twice as much in absolute terms as someone making $30,000. People at the lower end of the scale I think need the raises a lot more. We're in tougher financial times and I don't think it's too much to ask our upper management to cut back on the raises this year. They'll still be quite adequately compensated. Other discussion? All in favor of the amendment signify by saying aye. Opposed same sign. Amendment is defeated 6-1, Kanner voting in the affirmative. Okay any other discussion of the motion which is the adoption of the annual budget exclusive of service agency aid? Well I guess I'd just like to say that putting together a budget is a project and we all have our pet projects within the larger budget and it's done by compromise around the table of where the greatest interest lies or in the opinions of the Councilors what things that they feel the services are that the citizens most want. We don't any of us get all of the things that quote we individually would want. However, we This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 61 support one another in that we try to come forward because we're all trying to do the very best that we can do for the citizens of Iowa City. That is our mission. (End of Side 1, Tape #03-24, Beginning of Side 2) Vanderhoef: ...anybody here that doesn't feel that personally we just have different opinions. So yes there are things that I would choose not to be in there. I didn't have support for them and I will not go forward and elaborate on all of those kinds of things. I do have some concerns with City growth and expanded requests for services in the less than what I call the poor services that we are...for the health and safety and welfare of the City. I think we need to keep a close eye on what's happening there. I think we feel good when we do certain kinds of services that are more in the Parks and Recreation. But we do have a problem then maintaining those kinds of things. We feel good when we expand for economic development, but then we have the concerns of our Public Works Department having to provide the services of maintaining those roads and recreational trails we have to maintain those kinds of things. We have needs for another fire station. That means adding additional people to the staff to man the new fire station that we hope to get built shortly in the northeast part of the city. It takes a minimum of 9 firefighters. We've had a schedule that we've been trying to add those firefighters to our staff over the last few years. We've added six of them, but we still need three more before we can minimally staff: I don't mean to exclude other departments, but you can go right down the line and talk about each service and what things that they want and need to provide the service that is the super-quality that I think Iowa City expects and we all want to give it to you and right now we can't. Wilburn: I'd just like to add appreciation to staff Steve and Kevin for putting together Department heads all the way down the line. I know it's a challenge given the amount of time that we take and the projects that we put forward. You know the politics that we do to decide what's in the best interest of the City. You know to come up with a - at the time you do - presenting us with a budget that balances and at a later item you'll see that we present a three-year budget that balances. And one year balancing is tough enough. But certainly appreciate all the work that goes into it. Vanderhoef: I'll second it. Lehman: I will second that too because I think particularly in times when budgets are tough and money is tight particularly with the funding sources we have and the uncertainty of the roi1 back. We are very, very blessed to have a staff that not only has a lot of experience, but is This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #15 Page 62 able. And I don't know how you come up with those compromises among your own staff people. I mean I don't see any broken legs or arms or whatever, but I know they're not all happy with what you give us. And I know we're not all happy. So it certainly is a really tremendous job on the part of our staff. And you've obviously done it for a long, long time. So I would certainly echo what you said Ross. If there's no further discussion roll call. Motion carries, 6-1, Kanner voting in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #16 Page 63 ITEM 16. Wilbum: Lehman: Vanderhoef: O'Donnell: Lehman: Kanner: Lehman: Pfab: Lehman: Kanner: Lehman: Pfab: Lehman: Kanner: CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2004. I will be abstaining on Item 16 the resolution adopting the annual budget for human services aid to agencies. I am employed by an applicant agency. So ! have a conflict of interest. Thank you. (Reads item). Move the resolution. Second. Moved by Vanderhoef, seconded by O'Donnell. Discussion? I'd like to offer two amendments. The first one is Aid to Agencies under General Government. Add expenditure of $50,000 from the General Fund to support additional Aid to Agencies. Do we have a second? I'll second it. We have a motion and second. Discussion? For this as far as budget purposes we can use contingency funds in general government I would propose. Federal and state cutbacks are devastating. We've heard from agencies that they're losing tens of thousands of dollars. DDIP, homeless shelter and other places. Now is the time to infuse some of our 132 million dollar budget to go even beyond what we're doing. We can build new roads I think at a later time. We need to focus on helping those that are most desperate in our community. Other discussion? Ali in favor of the amendment signify by saying aye. To show my concern I'm going to vote yes for this. Opposed same sign. The motion is defeated, 4-2, Kanner and Pfab voting in the affirmative. And then the second amendment number...the second amendment community events under also under general government. Add expenditure of $25,000 from the General Fund to support additional funding for community events. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #16 Page 64 Pfab: Lehman: Kanner: Lehman: I'll second it. We have a motion and a second for amendment number six. Discussion? I think one of our great strengths is continual additional community.., city community.., city supported community events. It's a great form of economic development. It brings businesses in here that want to locate because we do what we do. And we need to do it even better. And again I would use some at this time some of the contingency fund of the general government to fund this. Other discussion? All in favor of amendment number 6 say aye. Opposed same sign. The amendment is defeated 5-1, Kanner voting in the affirmative. Any further discussion on the resolution as presented? Roll call. The motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #17 Page 65 ITEM 17 Lehman: Champion: Lehman: O'Donnell: Lehman: Kanner: Lehman: Kanner: Lehman: Pfab: Lehman: Kanner: Pfab: CONSIDER A RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2004 THROUGH 2006 AND THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2007. (Reads item). Move the resolution. Moved by Champion. Second. Seconded by O'Donnell. Discussion? I'd like to offer an amendment to delete number 1 Camp Cardinal Road - delete expenditures of $I80,000 a year from Debt Service to pay for Camp Cardinal Road. Do we have a second? The amendment dies for lack of second. Is there any other amendments. This one is for to begin discussion of this amendment number 2 a wheel tax. This is under public work. Add income of $100,000 to the General Fund for transit use by charging a wheel tax in Iowa City approximately 50 cents a wheel, times four wheels, times approximately 50,000 registered cares in Iowa City would bring us about $100,000. Is there a second? I'll second it. And I have a comment I'd like to make. Fine. We have a motion and a second. Discussion? You may comment. I had a chance to visit with a number of cities when I was in Washington D.C. these last couple of days and there are a number of ways to do what you're suggesting, but I do not wish to discuss at this point because I don't think that they're relevant. But there are other ways and that is not one of them. I mean there are ways. I'm not following what you're saying. I mean I understand your frustration and it's frustrated me for a long time that a lot of...we generate a lot of income for a lot of people and This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #17 Page 66 Pfab: Lehman: Karmer: Pfab: Kanner: Lehman: Karmer: Lehman: Pfab: Lehman: Pfab: the City does not get adequately compensated for some of the services that it provides. And there are ways to do it and I'm not going to go into it because it doesn't pertain here. But that doesn't seem to be one that works. A wheeltax? Yeah. It's just...I haven't figured out how to make something like that work. Further discussion? Just to let people know it is a seldom used tax and perhaps a bit regressive, but in terms of a small deterrent to car use and enhancing public transportation. It's allowed for road use or for transit. And I think this would be a good use for transit to...I think what you are getting at, what I heard, is that we do subsidize private car use to a great extent. There's a lot of hidden costs along with the obvious cost and we need to get people to start paying for it and move it into helping out other forms of transportation. I think this is a problem that takes longer to sort out and I would certainly be willing to look into a lot different things, but not at this time in our process. Okay. Okay. All in favor of amendment number two the wheel tax indicate by saying aye. Opposed same sign. The amendment is defeated 6-1, Kanner voting in the affirmative. Amendment number three would be a neighborhood organizer/start mediation program in the category of Cultural and Recreation. A.) add expenditures of $20,000 from the general fund to add a half time staff position of Neighborhood Organizer. B.) add expenditures of $10,000 form the general fund to support a free community/neighborhood mediation program. Do we have a second? I'll second it, but I also have some comments on it. Comment. We have a motion and a second. I think it's...I think the idea is good. I just don't think this is quite the time we should be doing this. I think there's a lot of work needs to be done on this and I plan to spend a lot of effort on this in the coming period. I just can't move that quick for what I see here. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #17 Page 67 Kanner: Kanner: Lehman: Pfab: Lehman: Kanner: Lehman: Wilburn: I hear what you're saying. I think long term solutions to neighborhood nuisance problems and violence and prejudice bind the ability of our city to foster community and empower our citizens. This is an alternative to I think some of the nuisance laws or in addition to that that are being considered. A neighborhood organizer that actually goes door to door, talks to people, asks what their concerns are, helping empower them and helping them work on solutions has been done successfully by a number of organizations and it was done by cities especially inthe '60's...late '60's. There was federal funding for that. In addition a free mediation program a number of cities offer that. I think that would help de-escalate problems that lead to eventual violence and lease intervention. So perhaps we can help scale it back before it starts. Any further discussion? All in favor of amendment number three signify by saying aye. All opposed same sign. Motion is defeated 6-1, Kanner voting in the affirmative. And then the final amendment for the financial plan is to public art in the cultural and recreation category. Add expenditures of $50,000 to the general fund for increased funding of public art. Do we have a second? I'i1 second it. We have a motion and a second. Discussion? Well again we're known as an art mecca and I think we have to add to that reputation. It's going to help without economic development. We've heard people in the past say money brings in and generates. I think it's a good investment not only for the economy, but for the spirit of our community. And I think that's where our future lies as a cultural and entertainment center. And we need to enhance that. Any other discussion? All in favor of the amendment signify by saying aye. Opposed same sign. The motion is defeated 6-1, Kanner voting the affirmative. Further discussion of the financial plan? I just want to thank the Council in general for the opportunity to allow me to separate the items and vote on parts of the budget that I'm allowed to. Thank you. Vanderhoef: Karmer: Emie? Lehman: Yes. You're welcome. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #17 Page 68 Kanner: Lehman: Karr: Vanderhoef: Pfab: Lehman: Yeah I'd like to note that I think we're spending 132 million dollars in our overall budget that we're submitting to the state. And I think to help us with our income flow we need to be stronger as an advocate for diverse and progressive mechanisms for city income. And that there's all kinds of opportunities with proposals out there. And I'd say we need to get a municipal income tax option. We should be advocating for that. It's fair to low- and moderate-income citizens much better than I think a sales or property tax. It's done in a number of other states. And I would urge that we work on that and if we do come up with a city income tax eventually that it be done in conjunction with a proportional decrease in our city property tax. And then also I believe we need to remove TIFs for an option for most economic development. I'm not a big Farm Bureau fan, but I think their idea of eliminating most TIFs is a good idea. I don't think it really benefits most cities when using for economic development - the way it's been used. Other discussion? Roll call. Motion carries 6-1, Kanner voting the negative. Motion to accept correspondence. So moved. Second. Motion to accept correspondence by Vanderhoef, seconded by Pfab. All in favor? Opposed? Motion carries. I just would like to reiterate Steven if we could have had these amendments in time for somebody to have any time at all to look over them they might have been the subject of some meaningful discussion. But at that late date it's just impossible for us to look at those. And I apologize for that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #18 Page 69 ITEM 18. Lehman: Champion: Lehman: Pfab: Lehman: Kanner: Lehman: CONSIDER A RESOLUTION ESTABLISHING A NEIGHBORHOOD ART PROJECT AS PART OF THE IOWA CITY PUBLIC ART PROGRAM. (Reads item). Move the resolution. Moved by Champion. Second. Seconded by Pfab. Discussion? Looks exciting. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #19 Page 70 ITEM 19. Pfab: Lehman: Wilbum: Lehman: O'Donnell: Lehman: O'Donnell: Champion: Lehman: Vanderhoefi Lehman: Vanderhoef: Lehman: Scott: Vanderhoef: Lehman: P fab: Lehman: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SCOTT BOULEVARD LANDSCAPE - FIRST AVENUE TO ROCHESTER AVENUE PROJECT. (Reads item). The engineer's estimate was $68,260. It appears we got about 8 bids. The low bid was $34,082 and Public Works and Engineering has recommended awarding the contract to Lewis Brothers of Oxford for $34,082. It wasn't iow enough to get half price. Do we have a motion? Move adoption of the resolution. Moved by Wilburn. Second. Seconded by O'Donnell. Discussion? Great bid. I hope all our bids come in that way. Roll call. Is this a first time that Lewis Brothers have done a project for us? It appears as a new person or a new company. I have no idea. ...to the City. I hope to get to know them better. I believe it is, but I'm not exactly sure. I'll find out though. Okay. I just didn't recognize their name. Next time you'll know Lewis Brothers. My (can't hear) it was not 50%. It was 50.007% deduction total. Okay. Roll call. You voted Connie? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #19 Champion: Lehman: Yes. I said yes. Okay. Motion carries. Page 71 This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #20 Page 72 ITEM 20. Lehman: O'Donnell: Vanderhoefi Lehman: Pfab: Atkins: Pfab: Lehman: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER DAM RENOVATION AND PEDESTRIAN BRIDGE PROJECT. (Reads item). Engineer's estimate was $2,300,000. It looks like again there were like 6 bids. The low bid was from Schmitt Construction Company of Winfield forl,696,074.59. Public Works and Engineering is recommending that contract be awarded to Schmitt Construction Company. So moved. Second. Moved by O'Donnell, seconded by Vanderhoef. Discussion? I just want to make a comment. This was one when we first looked at this, this thing looked like while it was necessary it looked like an impossible thing to do and I think we took a chance and I think we won here in the sense we're going to get some low money...low-cost money. We got some good bids. I mean I think if it was one of those things that we put offI think we probably would have regretted it. Never can beat a little luck. Right. That helps too. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #21 Page 73 ITEM 21. Lehman: Champion: Vanderhoef: Lehman: Vanderhoef: Lehman: Atkins: Lehman: Champion: Lehman: Pfab: Champion: Kanner: Pfab: Lehman: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2003 HANDRAIL REPLACEMENT PROJECT. (Reads item). Move the resolution. Second. I think someplace. Somewhere... The bids. I thought we did. Need a copy? Yes. The estimate for that project was $144,253. Again 7 or 8 bids. Low bid All American Concrete of West Liberty for $69,094.50. Public Works and Engineering recommending the contract be awarded to all American Concrete. And Connie you made that motion right? I sure did. And who seconded it? Seconded by O'Donnell. Discussion? I'm just delighted. Every time I watch these people work I'm more pleased with what they do and it looks like they're getting good bids (can't hear). They're a first class act. Someone reaching middle age I'm looking forward to those handrails. You ain't seen nothing yet Steven. Okay guys. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 74 ITEM22. Lehman: Karen Pease: PUBLIC DISCUSSION Item 22. This is reserved again for public discussion if we need it from the beginning of the meeting. Anyone who would like to address Council. Hello. My name is Karen Pease and to quote Howard Dean I'm here to represent the Democratic wing of the Democratic Party. I begin with a question for the CoLmcil a bit in the style of a modest proposal. If our government declared a day for which we were to all sacrifice our first bom and participation was mandatory. I ask would a single one of you oppose a resolution condemning that. Any of you? A show of hands. In short you acknowledge - all of you - that ifa national issue is of a critical nature then is not only the locals right, but their responsibility to oppose it at a local level. I say to you now the World Health Organization has predicted 500,000 severe injuries, 1 million refuges, 2 million internally displaced people, half the population needed food aid, 3 million needing therapeutic feeding, breakout of epidemic if not pandemic levels of disease. We live in a representative democracy. That means it is the responsibility of our elected officials to speak with our voice. I say to you now speak with our voice. Those who close their eyes in the face of mass mechanized misery shall not fade from the spotlight with the nobility that they entered. Those who see no evil have no right to be our eyes. In a distant comer of the world a tyrant sits surrounded by guns and bombs. Last year he took 3,000 prisoners and sealed them inside metal shipping containers in the hot sun. They were baked alive. His people have a long standing legacy of rape and murder. This man is not Saddam Hussein. This man is General Abdul Rashid Dastume arguable the powerful Afghan warlord. The guns and bombs he sits aside were gifts from our country. His men are paid from our pockets. In another comer sits another brutal dictator. His men have pages of rights violations such as systemic use of rape to elicit confessions. He even threatened to behead his own son if he opposed him. This man is Islam Karma, head of Uzbekistan. Money and guns were our gift to this tyrant so we could use his bases. While Iraq breaking from its human rights record from when it was ally has edged closer to our closer allies like Egypt and Pakistan when it comes to rights. We support those who put his rights record to shame. And yet we bomb. And yet we kill. And no amount of pointing out that no attack since World War II from the U.S. has created a human rights respecting democracy seems to slow down our earth enraging rash. Go ahead listen to what every side you want. Believe that a secular, infantile leader who wouldn't even give weapons larger than mortars to Mosheim al Cult would somehow acquire nuclear weapons when he This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 75 Lehman: Pfab: Lehman: Pfab: Pease: Lehman: Garry Klein: Lehman: Klein: Champion: Klein: didn't even have hexon lits in his gas centrifuges in 1990 and the IAA has declared them nearly nuclear disarmed that we would give them the radical fundamentalists who have sworn to overthrow them. Believe that if you wish. Or pay attention to the World Health Organization and their estimates of more deaths of Hiroshima and Nagasaki combined from the war alone. It's your call. But for the sake that is all that is good and pure on this earth, for all that we care of human life do not endorse the blasphemy of silent mouths. Silent screams loudest to those that die. Oh and one more thing. You had children come from Mark Twain Elementary School to speak. (Can't hear) naming things after people like Samuel Clemmons try reading him sometime. He was bitter opponent of foreign interventions and those who blindly tagged along. Thank you. Thank you. Karen I'd like to make one comment. Irvin, we're going to try to...it's after 10:00. Make a comment, but after that we need to... I'm just going to tell you. Those are facts and a lot of the public do not know. I know them and that's one of the problems that I have with our inaction. Thank you. Thank you, Karen. Hello. First of all I want to... Would you state your name please. I'm sorry. My name is Garry Klein. I live on 2nd Avenue. I'd like to say two things. Number one to Connie Champion who was kind enough to see my wife and a friend of ours the other day and was kind enough to call us zealots and I think in a way it must be so. ! didn't think it was the other day. I meant it in a good way. I know you did. And when I looked it up - because you know words like zealot kind of, you know, sound bad to me, but when you look them up it's not so bad. It's just when you find out the Webster's says that these are people who have an eagerness and an ardent belief in something. And obviously all of us who are here tonight - who are still here tonight - have a strong belief in the fact...in the promise of peace and that's why we're here. And to you Mr. Mayor I did listen This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 76 O'Donnell: Klein: Lehman: Sarah Swisher: carefully last week when you gave the State of the City Address. And you said two things that really hit home with me and that was at the end when you said that the job of the City Council is to provide vision and to put pieces of the puzzle together for us in terms of services and the citizens desires if you will. In this evening's work session we witnessed your best attempt I'm thinking to live up to that commitment. As you're aware there are a lot of citizens who were here who feel like you fell short of that - all of you. And we watched with great interest to see what action would be taken. The thing that I guess bothers me is that a resolution is a vote. A proclamation is something that kings do. I understand that picking and choosing is part of putting a puzzle together, but the question really is where was the vision. Should a city's vision be limited to giving a week to the uninsured which of course is not just a local issue it's certainly a national and world issue. If it's about saving lives in Iowa City no one can argue with that. If it's about improving the quality of life for everyone no one could argue that of course. But unfortunately there are people in another part of the world that are indeed in crisis. And Mr. Wilburn I respectfully say that you of all people are aware of what crisis means. But what about the families here in Iowa City...the families here Mr. O'Donnell your nephew or niece who are going off... Nephew. Nephew. Them his family is adversely affected by what could be a war. And I pray of course that he doesn't see action. Should Iowa City's Council remain silent as a body about such an issue? Should this body elected by citizens to be their voice when we asked you to show vision we asked you to speak for us. And as a group you have failed. So for tonight and for the future - in the near future - we will dream of a city with leadership, the kind that takes a stand on the hardest of all kinds of issues. The ones not ofjust public safety, but those of life and literally death. And that affects not just here in Iowa City, not just us here in the United States, but clearly in the rest of the world. I'm asking you in the future please try to do a better job. Thank you. Thank you, Garry. Hi. My name is Sarah Swisher. I come here tonight - I live at 917 Bowery Street where I've lived for the last 46, almost 47, years. I come to you tonight as a representative of the Iowa City Federation of Labor. I'm also Vice-President of the State Federation of Labor and President of the University of Iowa Chapter of SCIU Local 199. All of those organizations, the international and local level, have passed resolutions in support of peace and against any planned war in Iraq. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 77 And I'm here tonight at the request and behalf of the Iowa City Federation of Labor to ask the Iowa City Council and I was not here for the work session, so it sounds like it would be to reconsider and join the over 200 communities who have adopted peace resolutions. At our January meeting we joined with hundreds of other central labor councils around the country in an organization called U.S. Labor Against the War. We passed a resolution that I will read excerpts from. "Whereas union members and leaders have the responsibility to infom~ all working people about issues that affect their lives, jobs and families and to be heard in the debate on these issues. And whereas the principal victims of any military action in Iraq will be the sons and daughters of working class families serving in the military who will be put in harms way and innocent Iraqi civilians who have already suffered so much. And whereas we have no quarrel with the ordinary working class men, women and children of Iraq or any other country. And whereas the billions of dollars spent to stage and execute this war are being taken away from our schools, - those are our community schools - hospitals, - those are hospitals in our communities - and social security affecting the human services that you all fund. Whereas the war is a pretext for attacks on labor, civil, immigrant and human rights at home. Labor has an historic role in fighting for justice. Therefore further be it resolved that the U.S. Labor Against the War will publicize a statement and promote union, labor and community anti-war activity. The Iowa City Federation of Labor respectfully asks the Iowa City Council for action that will include our community among the 200 cities for peace. Thank you. Lehman: Thank you, Sarah. Elena Perkounkova: Hi. I'm Elena Perkounkova and most of you have heard from me except for probably Mike I don't know. Someone... Pfab: Could you put your speaker down? Perkounkova: Someone had stopped at the City Clerk's office recently and asked her for a job description of the City Council Member. And I believe the only description that you came up with and please correct me if I'm wrong, that their job - your job is to uphold United States and State Constitution. Is that more or less accurate? That's part of the oath that they take. Yes. Perkounkova: Part of the... Karr: Part of the oath. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 78 Perkounkova: Dilkes: Perkounkova: Lehman: Perkounkova: Lehman: Perkounkova: Lehman: Perkounkova: Lehman: Perkounkova: Lehman: Yes. So is there (can't hear) like I was told that was all you could find you know in terms of like describing what actually you know they're supposed to do being Council Members. There are a number of state laws that say what City Council people are to do and are not to do. So uphold the state law then, but also uphold the United States Constitution. It includes right? It's part of the oath. So this war is obviously and has been pointed out by many international and United States lawyers that this war in unconstitutional. So and actually that job description I don't think you'd find anything in there that your job is limited to fixing roads. I don't think it says anywhere there in the state regulations or United States constitution right that the city council is limited to just you know fixing roads and you know this kinds of things. So just like a little observation. I have a question for the Mayor. Could you give us a date when you will issue a proclamation? Well it probably unless it would change would be at the next Council meeting which would be April 8th. April 8th. Okay. Another question is will the public be allowed to have any input in its, you know, drafting? As much problem and I'm not going to get into a discussion about this. This is a time for you to speak to us, not for us to speak to you. As much discussion as there's been about wording of various issues my guess is that the public.., we've gotten an incredible amount of input from the public as far wording. And my suspicion is the proclamation will be gleaned from the information that we've already gotten. Okay. So you'll just draft it by yourself basically. I'll probably get some help, but basically yes. Okay. And last question and you don't have to answer, but I do appreciate that you do answer. Do you think that a peace resolution that was proposed you know here today would fail if you voted in favor of it? Do I think what? Do you think the pro-peace resolution that was proposed tonight or actually a few days ago it would fail if you voted in favor of it. Actually counting noses it probably would have. But the point is it was whether it was peace resolution or a war resolution or whatever the concurrence of the Council the majority was that probably this was This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 79 Perkounkova: Lehman: Perkounkova: Lehman: Perkounkova: Champion: Perkounkova: O'Donnell: Perkounkova: not the correct forum. Not that we disagreed any of us with it, but this was probably not the correct forum. And that's why the Council is taking that position. Okay. So basically you think it would fail even if you voted for it. If you counted the noses I think that's what it would have come out. But that's neither here nor there. Okay a couple... You need to wind yours up too. Yeah thank you. Yes. I'll be quite. Still a couple of things. You know Connie was complaining that we got a lot of phone calls this weekend. I just wanted to say you know phone calls are not really a form of harassment you know. I think it's a way for us actually communicate to you what we wish you to act on. I do have to respond to that. I had 17 people at my house and my phone never stopped ringing. And not only did it not stop ringing and people were very rude when I told them I had company I didn't want to talk to them and they'd have to get back to me or I'd get back to them. It was...plus I felt like I try to make myself very clear that I was very much in favor of a pro-peace resolution, but I was not in favor of the anti-war resolution, that there was not support for a resolution and I wasn't going to be the one to put it on our formal agenda when that is not how we usually discuss things. I did tell people that I felt harassed by the end of the weekend and I'm telling you I did feel harassed. I had at least 25 people stop at my place of business on Monday and probably another 17 or 20 phone calls on that day. And that's fine. I encourage people to do that. It's just that it got to the point where it was really affecting my functioning as a mother, as a wife, as a hostess, as a citizen, as a business woman, or as a grandmother. And I did feel and I told people that. I wanted them not to call me anymore because I thought I had stated my position clearly. And it's not that I've ever told people not to call me before, but it was so many phone calls and so many people that it was not...it wasn't very nice. Yeah, but I'm glad to hear that there were many people who actually had concerns with this and tried to reach you and I suspect those were different people and you still didn't hear their message unfortunately. Ernie that's five minutes. You've held everybody else to five minutes. And one more thing for. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 80 Lehman: Perkounkova: Lehman: Perkounkova: Wilbum: Perkounkova: Wilburn: Perkounkova: You're going to have to...really... I didn't speak actually five minutes. Well it's been six minutes and Connie took two. You've got one more minute. Well I'm sorry Connie took two. I didn't want to interrupt you. So any you know I've been lectured by Ross Wilburn actually and not just me and other people he lectured on how to proceed about you know preventing this war. And I just want to say that democracy is not when our elected representatives tell us what we have to do. Democracy is when we tell our representatives what they should do. And I think you got it backwards a little bit. So I would you know it's just like an observation. And you know I see...unfortunately what I say today I didn't see democracy in this particular chambers unfortunately. And I have to say that the last time actually I saw on organ that undemocratic and that unconcerned with the wishes of its constituency was back in the Soviet Union before I came here. And I hope I'm wrong and I hope this (can't hear) will correct it by electing four new council members to this Council. But at this moment I am very disappointed. May I respond please? If you took offense to the course of action that I as recommending I apologize. It was certainly not intended as an offense. I was trying to give out suggestions as to what I thought...where I thought people could express their voice with people who'sjurisdiction is was. It's certainly your right to call me. Ibelieve you called me twice. I apologize for not getting back the second time. It's certainly your right to be here and speak now. You didn't but several folks talked to me saying I was promoting a totalitarian state and I tried to inform them given an opportunity to come and speak in front of us which you would not have an opportunity to do if you are in a totalitarian. Again I intended no offense. I was trying to give you...I understand people are frustrated and frustrated with the President's administration. I tried to give them a vehicle where I thought they could express that. And I was saying that I express that informally as a Council member by talking to those folks myself and writing a letter. But again I apologize. But still we wanted you to take another action. I understand. You should have listened to us. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 81 Wilburn: Perkounkova: Vanderhoefi Lehman: O'Donnell: Lehman: Kanner: Perry Lenz: Lehman: Holly Berkowitz: I understand. I was responding to your suggesting that you interpreted that I was telling you what to do and I'm saying I was trying to give you another alternative. Yes I understand that. With all the (can't hear) petitions. Can I submit them now so we don't have to travel today. It will make 1,000 signatures and at least 36 local businesses. (Can't hear). Motion to accept correspondence. So moved. Second? Second. We have a motion and a second to accept correspondence. All in favor? Opposed? Motion carries. Marian can you pass those down so we can take a look at those? Okay. My name is Perry Lenz and I'm just going to make it real short. I live on 200 South Summit Street, Iowa City. And I think a lot of people have made some good arguments for the peace resolution. I just want to say that I'm a little bit disappointed that the Council decided that they weren't going to vote on this resolution. And I don't think a proclamation is the same thing as a resolution. But that's the only thing I really wanted to say was my disappointment and that. So thanks. Thank you. Holly Berkowitz, 612 Granada Court. Again I believe when you were sworn in as Council members you probably swore to uphold the Constitution of the United States. Is that correct? Okay. I believe that George W. Bush wants war for several reasons. Mostly for profit because war causes more consumption ofoil and of weapons and his family is...has gotten rich off of oil. And I think that he...go back. The Bush administration has denied several times in the last couple of weeks that this week is about oil. Now if you have a father who says that he's not doing something when he really is and that action hurts you, you have a responsibility to stand up and speak out and correct that action or else that father can rain the family, can ruin the system, even ruin the community. We're talking about systems here, interlinked systems. And Emie we were talking earlier about how the mass transit is good in the long term and public world that we have to look beyond the private world, our own private self. And I see you This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 82 with so much vision and I really can't understand why you're so hesitant to stand up against these covert actions at the national level that are actually destroying the U.S. Constitution and destroying, threatening martial law with the stroke of the pen. Eleanor, I'd like your opinion on this. I have heard, I have read that with the stroke of an executive pen of an executive order that President Bush could eliminate the powers of the U.S. Congress and the U.S. Constitution. Dilkes: No, he could not do that. Berkowitz: Then could you explain... Dilkes: I'm not an expert on that. Berkowitz: Could you then explain what martial law means? Holly, you could...this is a time for you to address the Cotmcil. So tell us what you'd like to'tell us. Berkowitz: Well this is...okay. You've only got a couple more minutes. Berkowitz: If the executive...if the administration is actually going to war for oil and trying to deny that and if they are threatened the Taliban with a carpet of gold and carpet of bombs revealing the motive for oil. And they're putting the lives of young Americans in jeopardy for oil, for private profit, for oil companies and not willing to admit that and yet instituting marital law in war. Then to destroy the powers of the U.S. Congress and the U.S. Constitution so that all the federal employees could evacuate the United States in 15 minutes so that everyone else would be left subject to whatever terrorist act that we're talking about. Then I believe that you have the responsibility to demand an explanation from the administration. If you don't who else is going to? You are our voice. Hitler as was elected in a democracy. He also invaded Napers to seize resources because it was during the Depression and Germany... (End of Tape 03-24, Beginning of Tape 03-25) Berkowitz: It's a preemptive, unilateral strike and that is illegal, that is criminal, that is unconstitution and that is criminal and I can't believe that you're sitting by and letting it happen. Can you please put this on the agenda for public discussion and a vote. Lehman: You need to wrap it up, Holly. Okay? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #22 Page 83 Berkowitz: Lehman: Karr: Berkowitz: Karr: Lehman: The covert part of this is what is the most scary because the great epidemic of 1918 1 believe was not caused by the influenza virus, but by chemical warfare. And the First World War was known for propaganda and for chemical warfare. We're seeing a repeat of history folks. We see that economy of profit, of cash profit. I'm seeing two kinds of profit here of the economics. The economy of cash. That's what's driving everything. You guys vote...each of your votes are for cash, for private profit. And Steve's is more for the big picture. And I hope... I wish we could meet in the middle and think more about the long-term and the public. And I really cannot buy your argument that this is local issue that you cannot...you cannot stand up and speak out beyond the local street paving. You know if you don't have a voice at the national level then you don't have streets to pave. Thank you, Holly. Holly, could you leave the roll call sheet. It's on the very back. Sure. Thank you very much. We're going to go to announcement of vacancies. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #23a(3) Page 84 ITEM 23a(3). Lehman: rarr: Lehman: Karr: Lehman: ANNOUNCEMENT OF VACANCIES a. Current Vacancies 3. Police Citizens Review Board Police Citizens Review Board one vacancy for a current or former Peace Officer to fill an unexpired term ending September 1, 2005. Mr. Mayor there's an addition to that PCRB that was handed out by Steven just to clarify. Oh yes, yes, yes but ! don't know what I did with it. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former "peace officer" as that term is defined by State law. Thank you. Just to encourage applicants. Okay. Those applications must be received by 5:00 Wednesday, April 16th. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #24 Page 85 ITEM 24. Lehman: Pfab: CITY COUNCIL INFORMATION City Council information. Irvin? A couple of things. I'm going to finish by reading a statement and it takes about a minute and a half, but I wanted to make a couple (can't hear) announcements first. I have never made a big to do about what I do in my private life. I do information consulting. And as a result because of that I started kind of by accident researching what is going on concerning this war on Iraq. Now I've in the military. I've been overseas and I watch- this is an interest, it's always been ever since 1955/'53. When I was in high school I was a company commander of a ROTC unit. Okay so it goes back a long ways. But I...what I have found out here what is coming up is probably one of the very worst actions that will be done in our name had happened in our country's history is about to happen if we start this preemptive war. And I would like...and I feel bad because I think a lot of people don't realize that. But this...we are sitting on something that just...our country will never be the same. But I'd like to go back. I started to make a comment about something here earlier and I couldn't read it. But I'm just going to read it just for the record. And it says...and if we don't do it, who will. In Germany the Nazi's first came for the communists. And I didn't object because I wasn't a communist. Then they came for the Jews and I didn't object because I wasn't a Jew. Then they came for the trade unionists. And I didn't object because I wasn't a trade unionist. Then they came for the Catholics and I didn't object because I was a Protestant. Then they came for me and there was no one left. And I think i£we don't take a stand who will. That's all if have to say. Lehman: Connie? Champion: Lehman: Mike? O'Donnell: Vanderhoef: Not tonight. Lehman: Ross? Wilburn: can't talk anymore. Five hours is enough. Ernie I just want to say I hope you don't feel I set you up with that cover the uninsured proclamation. I was asked by... What do you mean set me up? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #24 Page 86 Wilburn: Lehman: Wilbum: Champion: Lehman: Pfab: Lehman: Karmer: Lehman: Champion: Kanner: Lehman: ...that group of individuals to bring that forward. I had asked if someone else could come to accept that because I knew there were going to be folks here that might be trying to through that back in my face. But no one else was willing to come forward to accept that. But, I want the public to know that I brought that forward to the Mayor at request of the (can't hear) organizations and you know if that's going to be used against me that's fine. I was proud to do it. Okay. Absolutely. I think it was a good proclamation. Across Union Station in Washington D.C. there were panels that were bigger than room facing the capital with the same proclamation. Okay. Steven? I had a few things. Fist I want to apologize Kevin. I was going to ask Kevin about the mid-year budget report, but there were quite a few items and I'll have to ask you another time because of the lateness. I do apologize. Thank you though for staying. The first thing is I sort of almost hate to ask this but to me there...a thing that was done at the state level that was quite disgusting a proposal for a ban on gay adoptions and gays being foster parents that I think it deserves a response from our Council or from our Mayor. Hopefully it's not going to get through. But I still think that we should take a stand that we have leadership in State Senator Ken Veenstra and Senator Neal Schuerer that are proposing these types of things. And it just seems so prehistoric to have that. And I was wondering if there is any interest in a letter being written opposing this kind of thing and saying we in Iowa City don't like this. Steven I understand that bill has not come out of committee and is dead and will probably not come up again either this year or perhaps ever again. I can't believe it won't (can't hear). But my understanding is I think this Friday is the deadline and they're saying it probably won't. I think they said it wasn't this morning. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #24 Karmer: Champion: O'Donnell: Champion: Kanner: P fab: Kanner: Lehman: Atkins: Lehman: Kanner: Lehman: Atkins: Lehman: Atkins: Lehman: Atkins: Lehman: Page 87 Yeah it won't get out of committee. I still think it's worthwhile to take a stand and write. Assuming if it comes out of committee there will be a lot more people than us taking a stand on it. It won't go anywhere. It's a dead issue. It's so prehistoric. Then not tonight, but at another time I'd like to see if we could talk about the PCRB recommendation on police stops that was number six in our info packet. Is there any interest in talking about that at a later date? Isn't something planned to come up on that? Well we got a response from the PCRB about their recommendations. Well wasn't their position that they felt perhaps there should be a policy and my understanding or at least my assumption from reading their report was that that would probably go to R.J. and that a policy of some sort would be forthcoming from the Police Department. To cover those issues. Yes on all those accounts. I mean that's the purpose of the Board I would assume. Okay. Well the Board makes recommendations and often times they just sit there in empty space and I think it's up to Council to see if we want to act on that in setting...helping to set policy. I wouldn't presume to know anything about policies about the Police Stop, but I suspect that Steve you and R.J. have you discussed this? I simply referred it to him. Yeah, but... PCRB called me, told me what they were going to do, sent it to me, we copied you, sent it off to the Police. And you'll be getting something back? And I intend to follow up. Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #24 Page 88 Kanner: Helling: Kanner: Helling: Karmer: And Dale request and a question perhaps. Again the issue of expenses that we're spending for studies and perhaps future expenses for municipal electric utility. When he's figuring out what rates we might be able to charge does he include those expenses that we're incurring now that we would...so we could recover them? Will his study results include that and project expenses - legal expenses - in the future? The second question the projection of legal expenses yes I'm pretty sure that's in there. The initial cost of doing the preliminary study I'm not sure about whether that was in there. But clearly the legal expenses he anticipates legal expenses. That's all included in the cost projections, in the rate projections. That's the way the RFP was written. I was wondering if perhaps you could let me know if he is including other expenses and if he's not maybe we can as a Council can ask that it be included in the study. We can go back and get the contract and look and see what's in there. It may be better to let him complete the study and then if there are any expenses that aren't in there then we could ask that that be calculated as well. But he's doing the study for what 15, 16 cities and I don't think we're in a position now where we would probably be able to change that for all the cities. If there's specific information that we want later we certainly have the right to ask for that. Okay. Thank you. And just wanted to report that contrary to some news reports I read about we had a memo from Steve Nasby about why our CDBG HOME funding is going down. And there was initial speculation that our poverty rate was going down, but what I got from the memo is that poverty rate is about the same and perhaps in other cities it's increasing. So we should keep that in mind. And it's not great cause for celebration. Our rate is not going down. And we have to keep working on that. And then I did want to thank Ernie and the City Council for allowing the speakers to speak the full five minutes and not pressuring them this time. And I appreciated hearing everything that we heard out there. Two final things. This...getting back to what Irvin was talking about this is a great book I recommend, "Addicted to War: Why the U.S. Can't Kick Militarism." It talks about our history of imperialism. There's no other word for it. I'll have some of these available. Iowans for Peace will have these. And it gives you an idea of why we keep getting into military actions and who benefits. And the final thing is I saw a great chess tournament at IMU on February 22nd. There's a lot of these things happening. We have a pretty good chess tournament. And I'm sorry I forgot the name of the coordinator of the club that does that. They're the ones that help do the chess - the big chess outdoors on the ped mall and This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003. #24 Page 89 Atkins: Kanner: Vanderhoef: Lehman: hopefully they'll be doing it next year when that space is clear again. I think we'll planning to put that in again. Yes. Chess is big. Scholarships are given out for chess. And I think again we could be a hot bed for chess activity, chess tournaments. A hot bed for chess. You know a hot bed sounds really good. I'd like to get there. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of March 11, 2003.