HomeMy WebLinkAbout2003-08-19 Transcription#1 Page 1
ITEM 1. CALL TO ORDER.
ROLL CALL.
Lehman: Before we do Item 2, two things. First of all, Mr. Wilbum is at a meeting
tonight where his oldest daughter is starting JR High School and I
think it's only appropriate that he be with her and that's why he is not
with us. If the meeting at school is over in time he will join us later.
The other thing I would like to share with the Council and with the public
a letter that I have received from Paul Coates who is the Director of the
Office of State and Local Government programs. Dear Council:
Thanks to the City of Iowa City for supporting Marian Kart in
attending this year's Iowa Municipal Clerk's Academy. The Academy
is a continuing education program designed to keep clerks, deputy
clerks, administrators, and others current with the best practices in
municipal administration. I hope you will acknowledge the
commitment of Marian for participating in the Academy. That
commitment reflects positively on the dedication of your City to
providing sound, competent, and professional administration for your
citizens. As Director of the Academy, I feel honored to work with
cities and individuals like Marian in maintaining Iowa's position as a
leader for continuing professional education in municipal
administration.
Thank you, Marian, and we do appreciate you. (clapping)
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ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
O'Donnell: Second.
Lehman: Moved by Champion, seconded by O'Donnell. Discussion?
Kanner: A couple things I wanted to point out, one for the public at least, that we
will be setting a public hearing for September 9th at our next meeting
in regards to our public housing program and our Section 8 program,
and I invite people to come and testify to that if they have any positive
or negative things that they wish to state, or send an email, or call up a
council member, or write a letter. That would be appreciated if they
have any remarks they wish to say in those regards.
And then, I have a question for Eleanor in regards to #2, f2, Authorizing
the Mayor to Sign and the City Clerk to Attest to Satisfactions of
Judgment. It seems pretty straightforward but I'm just wondering why
now are we passing this. Is this an annual thing? I don't recall seeing
this before.
Dilkes: No, it came to our attention as a result of a title objection. When there is a
judgment them is a lien on property and it comes up in the abstract
when property is transferred and the examing attorney wanted a
Satisfaction of Judgment and when we looked into it, we realized those
were being signed but there wasn't a resolution authorizing the signing
so we thought it was a good idea to get that put in place.
Karmer: So the mayor will be signing now every resolution.
Dilkes: The mayor will be signing the Satisfactions of Judgment.
Kanner: Okay. And then also to let people know in the consent calendar, we are
going to proceed with acquisition of property rights for the Burlington
Street bridge and next year will be working on that. Next summer is
that?
Atkins: I believe the bid is January so some time in the spring.
Kanner: Hopefully in the spring, and there will be a detour for traffic around that
for hopefully a short period of time.
Atkins: Hopefully a short time, right.
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Kanner: Couple weeks maybe?
Atkins: I would suspect, knowing a project of that magnitude, if it was a month I
would be surprised. More likely 6 weeks.
Kanner: It will be a big detour but we'll have a lot of notice about that.
Atkins: Yes we will, and we'll have it signed adequately too.
Kanner: And then finally, we have two notices from two different groups about
happenings at the Senior Center Commission and want to thank the
Commission and also the Task Force on Aging which is discussing the
issues of representation on the Commission Board. Currently we have
a resolution that states 3 out of the 9 members are supposed to be from
the County. The County has opted out of sending their 3 members and
we're looking at a new resolution of what the composition should be.
Jay will probably speak to this I imagine when he gets up to the
podium, but I appreciate the input from the Commission and from Eve
Casserly and the Task Force about whether it should involve people of
a certain age and whether the City Council should appoint members
from outside of Iowa City in the County. I look forward to that
resolution in the near future.
Lehman: Any other discussion? Roll call. Motion carried.
There will be a Rules Committee Meeting Thursday at 11:00am. Right?
Champion: Yes.
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ITEM 3. PUBLIC DISCUSSION
Lehman: Item 3 is Public Discussion, a time reserved for the public to address the
Council on items which do not otherwise appear on the agenda. If you
wish to address the Council, please sign in and give your name, and
limit your comments to 5 minutes or less.
Honohan: Mr. Mayor, members of the Council, Jay Honohan, 1510 Somerset Lane.
I'm a member of the Senior Commission. I would first like to
apologize for not making any report in July. We didn't have a meeting
in July because we couldn't reach a quorum.
Lehman: We almost didn't so that's alright. (laughter)
Honohan: But, this is one of the reasons that the item that Steve mentioned, we have
presented you with a proposed resolution which was approved by the 6
members of the Commission, in which we ask you to consider
adopting a new resolution making a membership of 7 Commission
members. Six of which would be appointed by the City Council, and 1
of which would be appointed by the Commission. The Commission
could appoint someone outside the City if they felt that they had
qualified applicants. We feel that this gives us some way to encourage
the County or other cities if they have membership to participate in the
Senior Center financially. Not to spend a lot of time, the Commission
did not like the idea of limiting the membership to people over the age
of 50 because we feel that you need to have the opportunity to have
younger people serve on the Commission and give their kind of input
to the Commission. Some of the things that we would like you to
know about, our big membership drive and you've heard a lot about
our membership program, both pro and con, our big membership drive
starts in September. We're going to have a program on the 15th that
you're all invited to. Among other people that will be there, President
Skorton is going to talk, and if you want to come on the 16th to the
Silver Swing Dance, you're all invited to that. That's from 7 to 9pm.
The 15th is from 5 to 7:30pm. And then on the 18th, and I call it a
street fair, others may call it something different, we're going to block
off the street in front of the Senior Center from Washington to Iowa
Avenue, almost forgot the street! And we're going to have antique
cars, and we're going to have a band, and we're going to have food,
partially furnished by the US Bank. That's going to be from 4:30 to
8pm, and you're all invited. You can eat and listen to music and look
at antique cars. By the way, even though we haven't started the
membership drive, we have already 450 members signed up to the
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Senior Center, and we're using the proximity cards, which most of the
people are very excited about the proximity cards.
I would like to point out one thing in response to something that came up I
think a couple meetings ago. Steve Atkins gave the correct answer to
Steve Kanner's question but I would like to elaborate a little bit. The
logo that the people are concerned about was first used in 1993 at the
Senior Center. It's nothing new and it's no subterfuge to change the
name of the Senior Center. It has been used extensively over the past
few years, and until recently, nobody ever complained about it. In fact,
in 93 and 94 when they distributed things calling it the center, they
never even referred to the Iowa City Johnson County Senior Center,
and since I've been on the Commission when we have used that logo,
we have always underneath the word "Center" had "Iowa City Johnson
County Senior Center".
I would like to, and Lord knows I forgot the date, coming up we're going
to have a photo exhibit at the Senior Center of Iowa City in the 1960's,
from photographs taken by Mildred Mead, and I apologize I didn't
write down the date. I'll try to get that out to the Council because I
think that's something that I'm going to be very interested in seeing
because that's when I came here was in the 1960's and it's been a great
change in this community. In fact when I went to law school here
there were less students year round than there are now in the summer
session. If there's any questions, I'd be glad to answer.
Kanner: Weren't you on tour with the Rolling Stones that year? (laughter)
Honohan: Not that year! (laughter)
Vanderhoef: The proximity cards, how much are they being used? Do you have any
idea?
Honohan: I don't know how much they're used now, but I use mine all the time.
This is what they look like, it's a little white card.
Lehman: Can't hear you, Jay, if you're not at the mic.
Honohan: Excuse me. And when you go in the Center, all you have to do is flash it
in front of a little box and the light goes from red to green and you're
registered.
Champion: That's great.
Honohan: You can also get into certain areas in the Center, and this was another
reason that we did this, from 7 to 8, there's no staff at the Center in the
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morning, but if you've got a proximity card you can get into the Center
and certain areas in the Center when there's no staff. The same thing
holds true in the early evening, so it's helped us to expand the use of
the Center. People come in early for the band, they come in to use the
weight room, stuff like that.
Champion: Good.
Kanner: Jay, just to point out, the proposal from the Task Force on Aging doesn't
call for 100% to be over 50, just 6 out of 9, two-thirds.
Honohan: That's correct.
Kanner: So there would still be some people that could be under the age of 50?
Honohan: Yes, but we feel it should be wide open, whatever it is, to the qualified
applicants. Thank you.
Lehman: Thank you.
O'Donnell: Thanks Jay.
S. O'Donnell: My name is Steve O'Donnell.
O'Donnell: What was that last name?
S. O'Donnell: McDonald. No O'Donnell actually. Spelled the same, but unless our
mothers ran in different cimles not really related. I have a fun story for
you and hope you'll bear with me but in 1986 we bought our home on
21 N. 7th Avenue. I've been here since 1978 in Iowa City, and every
year I would call up and bitch about the water bill and every year I was
told "never the meter, never the meter", it's always "your toilet is
leaking" or whatever. I'd yell at the kids, I'd yell at the wife, and
everybody would say "we shake the handle" you know. Finally my
son now he's 31 he confessed "Now it makes sense, Dad. Now I know
why your water bill wasn't any lower when you went on vacation
cause I never stayed home. I was always drinking with my friends
somewhere but....". Tums out my water meter was one of 200 that
were installed in 1982 that when the single digit rolls over to "9", the
next digit clicks to a "3" rather than a "1". So I've been paying 3
times ................. I personally financed your new water plant I think!
(laughter)
Champion: We need it.
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S. O'Donnell: There's still two meters out there somewhere, but Lori Hanna says she
can't go back any more than 5 years because of the code, and I would
ask that you maybe consider setting the code aside and go back, I'm
not asking for interest money, just like to get back what I overpaid for
17 years.
Kanner: Do you know approximately what it is?
O'Donnell: Loft said using the industry standard, I can give her like how many adults
lived in the house each year and she can figure 300 cubic feet per
month, and I've been averaging 1,000 cubic feet by myself. I'm the
cleanest guy in town. I'm really clean! It's 300 cubic feet per month
per person. That's the industry average. It's hard to tell now because I
have a new meter. It's accurate. I used 265 cubic feet in about 3
weeks and the old meter got read when they took it out and it used
1,000 cubic feet in about 10 days which really only used about 300 so
that's why. It just kept clicking over.
Champion: How did they discover that?
O'Donnell: Pardon?
Champion: How did you discover that?
S. O'Donnell: My water bill went to $170 in May, then went to $30 in June, then went to
$230 in July. It pretty much was an indication that the meter finally
really went bad. So the gentlemen who came out and changed it said
"I think you hit the jackpot. We've been looking for this meter and 2
more just like it for years."
Champion: Maybe that's what's wrong with my water bill.
S. O'Donnell: My son went to school with your kids so she said "Tell Connie!" that your
daughter they went to City High together. Better go home and make
sure they took showers, they maybe didn't...just paying for it.
(laughter)
Champion: That's great.
S. O'Dounell: So could you consider doing that? It's not like it's going to be a run on the
City budget. There's only 2 more meters left.
Lehman: Have you made a request in writing?
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S. O'Donnell: Yeah, I've talked to Loft and I talked to Jude Moss and they've all
indicated that they would like to go back all the way but the code
prohibits it so.
Lehman: You've made a request in writing ?
S. O'Donnell: Yeah, I filled out the paperwork with Lori, and she said she's just going to
take a look at it and see when she can figure out how much she owes
me. She said $3,500 now if she went back 5 years.
Champion: Oh my gosh.
S. O'Dormell: Yeah.
O'Donnell: That sounds like a very reasonable request.
Lehman: I think if we just refer it to you, Steve, and you can get back to us with
some sort of recommendation.
Dilkes: The gentlemen is correct. My recollection of the code, our ordinance, is that
there's a 5-year period for overpayments and underpayments but I
don't know the details of this particular situation.
Lehman: But can we get a report on it of some sort?
Atkins:Well I can settle it if you'd like.
Champion: I think we should settle it.
Kanner: I think we should get a report first of what the total amount would be for
the. How many years? 20 years?
S. O'Donnell: 17
Karmer: 17 years.
S. O'Donnell: There was 5 years that I didn't live there that Mr. Edgar Rooney lived
there. He's passed away so his estate has already been probated.
Dilkes: I would suggest we give you a description of the facts and the law.
Lehman: Right. Yeah, we'll look at it.
S. O'Donnell: Thank you very much. Appreciate it. I'm not going to spend it right away.
I'll wait!
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Lehman: You're not going to get it right away! (laughter) Is there any other public
discussion?
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ITEM 5. A $300.00 CIVIL PENALTY AGAINST KUM & GO STORES #53,
PURSUANT TO IOWA CODE SECTION 453A.22(2).
Lehman: Resolution accepting payment of $300.00 civil penalty and waiver of right
to heating from Kum & Go Stores.
Pfab: Move resolution.
Lehman: Moved by Pfab.
Champion: Second.
Lehman: Seconded by Champion. This is relative to a fine for sale of cigarettes to
minors. Roll call. Motion carried.
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ITEM 6. CONVEYANCE OF THE PROPERTY KNOWN AS PENINSULA
NEIGHBORHOOD, SECOND ADDITION, IN IOWA CITY,
IOWA, OR PORTION THEREOF, TO TERRY L. STAMPER
HOLDINGS, L.L.C.
(1) PUBLIC HEARING
Lehman: This is a public hearing. Public hearing is open. Public heating is closed.
(2) CONSIDER RESOLUTION AUTHORIZING
Lehman: Do we have a motion?
O'Donnell: So moved.
Lehman: Moved by O'Donnell.
Vanderhoef: Second.
Lehman: Seconded by Vanderhoef. Discussion?
Kanner: Would you explain, Steve or perhaps Eleanor, the price we're getting?
How we're determining the price?
Atkins: Karin.
Kanner: Karin.
Franklin: The price is based upon the price that we paid for that land in 1995. There
was a decision by the City Council to write down the cost of that land
in order to have the kind of development that we wanted there. We
then took the number of total units that were in the preliminary plat for
the entire development, and divided that original cost by that number
of units which is 410 and got a price of $3,171 per unit. That's not per
lot or acre, it's per unit. As this project proceeds in Phase I we had 81
units at $3,171 per unit. In Phase II we'll take the number of units,
whatever number are bought at any point in time times $3,171 plus
6.5% interest on the remaining balance compounded annually.
Kanner: Explain that again please. The interest.
Franklin: The 6.5% interest is an amount that was agreed to in the development
agreement that as the property was acquired after Phase I that there
would be interest on that remaining balance. Just as if it were a
mortgage.
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Kanner: Is it compounded yearly?
Franklin: Yes.
Kanner: Okay.
Vanderhoef: So they are at liberty to buy part of the lots in Phase II now and can delay
buying the second lots until later?
Franklin: That's correct.
Kanner: And yesterday I asked about being subject to our universal design. I don't
know if you were here for that?
Franklin: uh-huh
Kanner: Okay you were here for that. And it wasn't quite clear if they are subject
under our law or ordinance to that, or if it's just voluntary.
Franklin: Yes they are.
Kanner: Subject to ....... ?
Franklin: Yes. Anything in which there is public money involved in the
construction of housing, now we have not interpreted that to be the
subsidy of the land. But for instance, the Greater Iowa City Housing
Fellowship Housing Authority Project in which money was put into
that housing which was, it is my understanding, the intent of the
Council when you adopted that universal design provision was that if
them was money that was put into a housing project that then it would
be subject to that universal design provision. Greater Iowa City
Housing Fellowship Housing Authority portions of this project, that is
those lots that they have purchased and the development that they are
going to put on this ground, is being subject to that ordinance.
Karmer: So just those individual units, not the whole project.
Franklin: Yes, not the whole project, no.
Kanner: So subsidy for land costs is not included as part of public ........ ?
Franklin: We have not interpreted it that way.
Kanner: Okay.
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Franklin: And I can't recall, Steven, exactly what the language is in the code,
whether it says public ftmds or federal funds. I just don't remember
what it was.
Kanner: I thought it was public funds, whether it's federal, or local, or state, I
thought was the wording. I don't know ......... it seems the first part
was subsidized. We gave them at a cost that was below market value
because we got something in exchange. Phase II doesn't seem like it's
subsidized because it's at 6.5%.
Franklin: No, it is.
Kanner: It is subsidized?
Franklin: If we were selling that land today on the open market, it would be $40
something an acre.
Kanner: So it's still subsidized and so I would ask if we can get an interpretation. I
think that will be important. Not only for this project but in the future
whether something is subject to the tmiversal design.
Franklin: That will radically change the nature of this project.
Dilkes: One and I think that with respect to this project the development agreement was in
place long before that ordinance was passed ...
Lehman: Thank you.
Franklin: Yes, it was
Dilkes: ... with respect to universal design. I have not looked at the provision but I would
concur with Karin's interpretation. But I have not looked at it. But I
think that would be very problematic in light of our existing
development agreement.
Kanner: So yeah, maybe not for this one and it seems that Terry is doing a pretty
good job of making them mostly universal design but I think for future
use I think we ought to look at that. I think universal design is
something that's going to be happening and I would ask that maybe we
get a memo on that if Council concurs. The State of Florida is
mandating universal design. I think it's a matter of time before we
mandate it for everything but I think we should include land subsidies
for future housing projects.
Vanderhoef: Well I think this came up, Steven, because we were talking about our new
housing code and that was one thing that's in the universal code and
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we chose not to mandate it for all housing at that particular time. They
wanted to do more education and bring our contractors and folks into
thinking about it. So in my mind, what we did was we at least tied it to
the projects where the City was involved and hopefully we won't need
to go any further and at some point in time we will be ready to do the
universal code.
Dilkes: I think the existing ordinance too is part of the building code that deals
with building permits and inspections as a result of building so I think
that also makes it logical that it applies to public funds that have been
applied to the construction of the structure. But it certainly if you want
to look at the bigger issue, that's certainly something you could
schedule for a work session.
Kanner: Any interest in that and making sure that we make things more accessible
for people with disabilities and other handicaps and other reasons .....
Champion: I agree with you at some point, Steven, I think there ought to be a certain
pementage of homes that are universal design and anybody with any
handicap can live in. I, however, do think it limits some design
possibilities and I personally don't think it's necessary to have every
house in town as developed by universal design. I think it would be
nice to have a certain percentage of our houses a universal design to
give people with handicaps a choice on where they live. I think that's
very important but let's face it, 2 story structures are still the cheapest
structures to build and without an elevator they couldn't possibly be
totally accessible. So I think you have to look at some other factors
along that line.
Lehman: Any other discussion? Roll call. Motion carried.
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ITEM 7. CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT
1528 CROSBY LANE TO A PUBLIC HOUSING PROGRAM
TENANT.
(1) PUBLIC HEARING
Lehman: Public Heating is open. Public Heating is closed. Do we have a motion?
O'Dormell: So moved.
Lehman: Moved by O'Donnell.
Pfab: Second
Lehman: Seconded by Pfab. This is a program that I think Council has been very
enthused about. This is an oppommity for someone who has been part
of the public housing program to become a homeowner on their own.
The City is providing a second mortgage, in this case, in the amount of
$16,500. The permanent financing has been arranged by the tenant,
and this I think is a wonderful opportunity and I'm really proud that
the City is a part of it.
Vanderhoef: And just to add on to it, the second mortgage is totally secured by the
appraised value of the property so it's not a risk for the City when we
do this. I believe, if I'm not mistaken, this is the 8th house from the
housing stock that has been sold to tenants over the last 4 or 5 years
now, and the program is open for anyone who can qualify who
presently lives in our public housing, and check with our housing
authority to be sure whether you qualify and certainly we'll take more
applications at any time.
Kanner: Do you know the interest rate that we get for that $16,500?
Atkins: I don't. Steve Nasby know?
Nasby: Not our program.
Kanner: Is it close to the market rate? Any ideas?
Atkins: I would suspect it would be, yes.
Lehman: Doubt it.
Nasby: It's a housing authority program and our division doesn't deal with that so
I don't have an answer to that questions, but Doug would know.
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Atkins: I can get that for you.
Champion: He's at the Dairy Queen.
Lehman: Yea.
Kanner: I was just curious. That's okay.
Vanderhoef: Either that or Steve ... (can't hear)
Lehman: Any other discussion? Roll call. Motion carried.
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ITEM 8. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA
HIGHWAY 1 (DODGE STREET) / NORTHGATE DRIVE
TRAFFIC SIGNAL PROJECT, ESTABLISHING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DIRECTING
CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS,
AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
(1) PUBLIC HEARING
Lehman: Public Hearing is open.
Pfab: Is there anyone here from the engineering department?
Atkins: Ron's here.
Pfab: I received a call from somebody in, I don't believe it was in Salt Lake
City, Utah, but somewhere's close to that concerning an intersection, I
believe it was this one.
Knoche: The intersection that you're talking about is the ACT Circle intersection,
where the Sinclair station is, the person that probably contacted you.
Pfab: Okay, right. So what did that mean?
Knoche: The owners in that area are trying to petition for a traffic signal.
Pfab: Is this the one up on the top, the previous entrance?
Knoche: This is where ACT's entrance was at off of Dodge Street, south of
Interstate 80. It's not a part of this project.
Pfab: Okay so at this point there's no light at that intersection?
Dilkes: That's not the item.
Lehman: That's not the item, lrvin.
Knoche: That's not a part. This is separate from that.
Pfab: Okay.
Knoche: That intersection that you are talking about is going to be redone with the
north Dodge Street reconstruction project next year.
Pfah: Okay.
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Lehman: Public Hearing is closed. Do we have a motion authorizing, approving?
Vanderhoef: Move the resolution.
Pfab: Second.
Lehman: Moved by Vanderhoefi Seconded by Pfab. Discussion?
Vanderhoef: Just should be noted that this is a combination project that the people who
requested it, Northgate Corporation Park, will be paying part of the
cost of this light and the Iowa DOT through the youth staffprogram
will be paying the other part.
Lehman: Item 9 plans, specifications, form of contract.
Vanderhoef: Vote?
Lehman: I'm sorry. We're going awfully fast tonight. Roll call.
O'Donnell: Keep it up.
Lehman: Motion carded.
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ITEM 10. AMENDMENT OF THE FY2004 OPERATING BUDGET.
(1) PUBLIC HEARING
Lehman: Public Hearing is open. And ! think for the public in£ormation, this
represents the changes that we have made to comply with the shortfall
as a result of action by the State.
Atkins: That is correct.
Lehman: Public Hearing is closed.
(2) CONSIDER A RESOLUTION APPROVING
Lehman: Is there a motion?
O'Dormell: So moved.
Lehman: Moved by O'Donnell.
Vanderhoef: Second.
Lehman: Seconded by Vanderhoef. Discussion?
Champion: Steve, there was something in the paper last week about was it insurance
cost?
Atkins: Yes.
Champion: Do we have to do another budget?
Atkins: No. We accommodated that.
Champion: Okay.
Atkins: Our insurance cost were up 18%.
Lehman: Okay, roll call.
Kanner: How was that accommodated?
Lehman: I'm sorry.
Vanderhoef: Wait a minute.
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Atkins: We accommodated it by making an adjustment in the budget. We had
anticipated that we were going to have to pay more as we got into the
review. We'll have to use some of our reserves to cover the difference,
but we did anticipate that it was going to be higher.
Champion: As usual.
Vanderhoefi And I would like to just reiterate to the public that these reductions that we
did are a result of the State fimding reductions to the City of $883,000,
so it wasn't something that we anticipated until very late in the State
legislative budget time but it's a large hole in our budget and we
certainly are trying to do these cuts judiciously.
Kanner: I have a question for you Steve ...
Atkins: Sure.
Kanner: ... for City Council you have listed public power study that we're still
carrying over $50,000; $35,000 from 03. Now is that already have
subtracted the cost of the current study .......
Atkins: No.
Kanner: or is that still to be ...
Atkins: No, that is the current study. The $35,000 is 17,000 for us and 17,000 for
the University. That's a fund study .... we're awaiting its arrival.
There is no new money following after the study arrives. You'd have
to appropriate more money. We've paid our bill for that study.
Kanner: You had it here that there was still money available from 03, even after
paying for the study.
Atkins: Oh yeah we had budgeted $50,000 and we took that out. That was one of
the budget reductions.
Kanner: No, no, in 04 you took out, I thought you said we took out 04.
Lehman: We didn't carry over ................
Kanner: I see some carry over.
Atkins: Go ahead, Dale.
Helling: Yeah, I think that the 03 budget had 50,000 ...
Atkins: I understand.
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Helling: ... and we only needed 35,000 and half of that will be reimbursed back by
the University ...
Atkins: That's it.
Helling: ... so there is still some that wasn't needed.
Kanner: We still have approximately $32,000 that's carried over from 03.
Helling: No.
Champion: No.
Atkins: No, not once you adopt this.
Helling: No, once you adopt this you are only carrying over the money that we need
to pay for the feasibility study that's going to be ready next month.
Karmer: Okay, cause I thought I saw something different in that we had originally
budgeted something in 04 and that was taken away.
Atkins: This cleans it up
Lehman: Okay, other discussion? Roll call. Motion carded.
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ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 6, CHAPTER 1
(NUISANCES) OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY BY ADDING STANDARDS AND
PROCEDURES TO CONTROL THE NUMBER OF VEHICLES
PARKED, STORED, PLACED, OR KEPT OUTSIDE ON
PRIVATE PROPERTY. (FIRST CONSIDERATION).
Pfab: Move the resolution.
O'Donnell: Second.
Lehman: Moved by Pfab. Seconded by O'Donnell. Discussion?
Vanderhoef: There was discussion last night about this and it was whether to send it
totally back to the staff or reworking with a new thought, or whether to
try to amend this. I think it's probably better for us to vote this
ordinance down and send it back to staff. What we were discussing
was looking at options of doing vegetative screening around stored
vehicles on property that were properly stored on hard surfaces. I can
support that tonight. We'll still be looking at this in the future, and
hopefully we can resolve it with some discussion with property
owners.
Lehman: Other discussion?
Thomas: Public discussion?
Champion: We've already had enough public discussion.
Thomas: Are you going to have a public discussion on this tonight?
Champion: No.
O'Donnell: No.
Kanner: We usually allow discussion, unless the Mayor says no, on most items.
Lehman: Take five.
Thomas: James Thomas, 131 N. First Avenue, I'm a little bit amazed in terms of
how words characterize thoughts. Thoughts work their way into deeds
and in a roundabout way we've come to a consensus about a particular
behavior. And what I'm talking about is something that goes far
deeper than parked cars on my property on First Avenue. You know 3
years ago I had 36 hours to respond to something I read for the first
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time in the newspaper about a discussion of criminalizing behavior
that had taken place 10 years prior. And I gave each member of the
Council, not knowing what the procedure was, as far as giving it to the
Clerk, this document. And what this document missed when you got it
was only the cover page, and it's as simple as one, 3-letter word, why?
Now you know we are looking at a way of discussing fences and
screening, Mr. City Manager, and if you might remember there was
something I suggested in March of last year. Your response based on
your talking to the City Attorney was that the City of Iowa City was
not going to allow the ordinance to be avoided by hiding the cars.
Essentially what we're talking about is appeasing a hand-full of people
who may have many other reasons to critique my behavior, and it's
something that has been ongoing all of my life but particularly in Iowa
City for the past few years. You know, 3 years ago and this is just one
paragraph out of this (can't hear) document written September 18th, the
question is who is the parking of the vehicles affecting? What injury
has been caused? Why can't those offended by the legitimate parking
of vehicles on private property that have no commercial or business
purpose simply avert their eyes if offended? Should a homeowner's
right of enjoyment of property be limited because of others who are
offended by what they see? Where does it stop? Three years later we
go to District Court. You guys are not satisfied with the results so you
change the playing field. That's okay because there are some other
things that have been put into motion as a result of that. Because I'm
no longer willing not to talk about what I see as straight bigotry in
Iowa City in the policies. I'm not calling the people of Iowa City
bigoted because many of my friends in this city are fair-minded people
but they are not going to speak directly to a lot of the problems in this
city. But you see few things have worked their way (side 2, tape over)
.... work session transcripts and I have that documented and you're welcome to
any of it. Not only do you discuss the number of cars, Mr. Boothroy
talked about whether or not he could even enfome the policy against us
because of the setback. Normally setback is 20 feet, from the right of
way that you can regulate. My house sits back 100 feet. You ended up
regulating it anyway. Now, Sandra would you hand that to Ms. Karr
please I want to place that in the record.
Lehman: You need to wind this up if you can.
Thomas: I'm going to do the best I can but I do have a lot that I want to say about
this.
Lehman: Well, I appreciate that and I respect that.
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Thomas: Okay. No one can make you feel inferior unless you give them
permission. Eleanor Roosevelt said that. My tenure, my family's
tenure on First Avenue, was not predicated on assimilating into the
community. We simply bought a house. I'm very happy being an
African American. I'm very happy with my social network, my
ethnicity, and I'm not looking to engage in a one-way assimilation
because that usually what African Americans do when they move into
all white areas. I respect the various cultures. As a matter of fact, I
talked about the (can't hear) and the bigotry that took place in 1970. In
fact I think it was an article in 1995 that dealt with Iowa City's
reluctance to have low to moderate income housing in here when the
Greater Iowa Housing Fellowship was introduced, Emerald Court,
that's not the name of the place. But basically I have a couple of books
here that I just wanted to pass on to the City Manager as well as to Mr.
Boothroy. I could only find two. Could you give that to the Clerk? It's
called "The House With the Orange Splotch", a child's book. It talks
about everybody being the same and somebody decides they want to be
different. Same kind of battle that we're talking about now. I don't
have to justify my cars to anyone because they all legally licensed and
operated. Oh yea, the other thing too when you create these ordinances
and you create impact on the community where everyone wants to
discuss whether it's right or wrong, you create other kinds of things so
what I want to do is pass these pictures around (pass those over there).
What you notice on most of them, I don't have any neighbors within
300 feet of me. I've invited you out several times to come look at the
property. I don't have what you call next-door neighbors. There is no
neighbor. Someone came up here by the name of Hussey from Heather
Court to testify there was an eyesore. Well I went up to the back of my
land and if you look at those pictures she's on Heather Court, I'm on
First Avenue, you can barely see my house from my backyard. Now I
have some other pictures here too about the attitudes. By the way, the
trash along the walkway, those are gifts from the neighbors who use
the walkway. Another issue that is going to get resolved one way or
another. But these pictures here are of my dogs. Both of them were
hit and left for dead. One survived, one didn't. Now bigotry is an
intolerance. Political beliefs or works or others or even the Bible
defines it ......... matter of fact Isaiah 65.5, John 8, verses 48 & 49
speaks to it. And the thing that Iowa City has to ovemome since it has
been a homogenous commtmity for a number of years is accepting
differences and not looking at it with a fear factor. Recent movie
"Bringing the House Down", Steve Martin and Queen Latifah, very
wise character. It's a satire comedy that picks fun at racial hostility,
ethnic, sexes, the whole nine yards. It's something you ought to see
because really what it says is if you don't know people, you can't treat
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them as fellow human beings. But Betty White's character basically
opened up by saying to Steve Martin who plays a character named
Peter, what were the Latins doing in the neighborhood? Skulking
around? And he said no, they looking to buy the (can't hear) property.
Betty White's response was "Well, they shouldn't or I don't want to
see them on this block unless they walk behind a leaf blower". See,
the thing about not speaking and speaking honestly is you perpetuate a
fraud. Children learn it, and some of the younger ones that come along
now, they doing the same things that some of the neighborhood kids
did 15 years ago. I live in peace on my property, don't bother anyone
and you know I don't fit, my family doesn't fit the typical stereotype
that most of you are familiar with. Don't smoke. Don't drink. Hey,
get real folks. This is an election year and leadership is waning. One
final thing, Steven thank you for everything that you have done. You
have done a yeoman's job although just like Thurgood Marshall ended
up on a descending vote of a lot of things, but when you raise the issue
you do provoke thought. Thank you, Ernie.
Lehman: Thank you.
Karr: Motion to accept correspondence.
Champion: So move.
Lehman: Moved by Champion.
Pfab: Second
Lehman: Seconded by Pfab. To accept correspondence. All in favor? Motion
carried.
Champion: I just want to point out to Mr. Thomas and to the public that Mr. Atkins
does not make policy he only enforces it so I just think it's important
to know the Council, we're the ones who make the policy and the City
Attorney and City Manager simply enforce what we tell them to do.
Thomas: And the transcripts support that too, Ms. Champion.
Champion: Thank you.
Thomas: And they are (can't hear)
Lehman: Other discussion? I need to make a couple comments. First of all, I
personally take offense at your insinuation, Mr. Thomas, that the
Council is acting in a bigoted fashion. I assure you that this is an issue
that deals with a situation that some folks in the community find not to
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be acceptable. It is no different than many other issues that come
before councils and counties in areas of zoning where certain things
are allowed in certain zones, makes no difference who lives there or
anything else. It's strictly an issue relative to the situation. It has
nothing to do with you. From my perspective, and I mean that very
sincerely, and I'm not gong to engage in a conversation but I do feel
that that is being unfair to this Council to indicate that you feel that
this is a council acting in a bigoted fashion. I believe that is totally
untrue. Now we did discuss ....... you've had your time sir ...... thank
you.
Thomas: I'm not going to sit here ...
Lehman: Last night we did discuss sending this back to staff and we had 3 of the
council folks who were interested in perhaps looking at the possibility
of a screening situation because it seems there still a feeling on the part
of some of the Council folks that there are certain things that are
acceptable in residential neighborhoods and certain things that are not
acceptable. However, there were only 3 people who were interested in
considering the screening as an option for this project. I feel very, very
badly about the situation that has evolved over the years that I have not
been a part of nor have I been privy to what's going on. I understand
from bits and pieces how you may feel the way you do, but that has not
been something that Council has been privy to. I do feel that that
situation is something that neighbors should not have to put up with in
a residential neighborhood so I will support this amendment. Any
other discussion?
O'Donnell: And I'm going to support this. To me this is a matter, does this thing
echo, of whether you believe you should be able to go into a
residential neighborhood or a pad and use the front and rear yard for
parking or storage, and I think we do not want to head down that road.
Thomas: It was approved by staff.
O'Donnell: It's a matter of whether or not you believe it's right and I believe that it's
wrong.
Thomas: go in other words, the money that I've spent attempting to comply with the
pad to begin with and you come back and you change your minds, just
like you change your mind again tonight.
Lehman: Any other discussion on the part of the Council?
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Vanderhoefi I would just like to ask if anyone else is interested besides Ernie and Mike
and myself in looking at the vegetative screening process?
Champion: I'm interested.
Lehman: Mike was not interested.
O'Donnell: I was the one that was not interested.
Vanderhoef: Okay, excuse me.
Lehman: I don't feel this is the correct way to address the issue but it was the only
way I could...
Vanderhoef: Are them four?
Dilkes: It doesn't take 4, it takes 3. Remember to put it on a work session.
Lehman: Right.
Vanderhoef: To out it on a work session but
Dilkes: And I thought there were three last night to do that.
Lehman: There were.
Vanderhoef: Okay, so we will bring it back.
Kanner: Ernie, partly in response to what you were saying on the other discussion,
first off I'm going to vote against it for the same reasons that I have in
the past.
Lehman: I understand.
Kanner: I don't feel it's a problem city-wide and it's a matter of esthetics and we
talked a little bit yesterday that we do regulate for esthetics and I think
it is appropriate to have a discussion as a Council and a community
about what's acceptable but I also want to state that I don't think the
City Cotmcil acted in a bigoted fashion either.
Lehman: Thank you, I do appreciate that.
Kanner: But I do think that in our society the status quo is still is racism is a
significant portion that exists out there, and that when we do talk about
esthetics and what we have as a standard, I think that has to be part of
the discussion so I, like I said yesterday, am open to the idea of
discussing how far do we want to go and what can we accept if it's part
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of a broader discussion, not just screening as the other solution but
look at other solutions to conflicts that neighbors have in regards to
esthetic standards.
Lehman: And I think we're going to have that discussion.
Champion: That's good ............... you're right, Steven, it needs to be part of a bigger
discussion.
Lehman: Okay, roll call. Motion fails on 3 to 3 vote (Kanner, Pfab, Champion
voting negative).
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ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 8, "POLICE
REGULATIONS," CHAPTER 8, "POLICE CITIZENS REVIEW
BOARD," SECTION 8, ENTITLED "BOARD COMPOSITION;
LIMITED POWERS OF THE BOARD," TO PROVIDE THAT
PEACE OFFICERS EMPLOYED AS SUCH BY THE CITY OF
IOWA CITY WITHIN FIVE YEARS OF THE APPOINTMENT
DATE SHALL NOT BE APPOINTED TO THE BOARD.
(FIRST CONSIDERATION).
Vanderhocf: Move first consideration.
Lehman: Moved by Vanderhoef.
Champion: Second.
Lehman: Seconded by Champion. Discussion?
Champion: This came up because we had an ex-policeman who worked for Iowa City
apply to the Police Citizen Review Board and it bothered some of us.
But we also do think we need a policeman on the Police Citizen
Review Board, or ex-policeman, so we came up with a year, a number
of years that they could not have worked for the Iowa City Police
Department. I think it's a good compromise and I'm very comfortable
with it.
Pfab: I do have a comment here and that is it may open up a can of worms?
Champion: Why?
Pfab: What about other professionals on other boards?
Lehman: This requires a police officer. It's asking for .......
Champion: It's policing the police so to speak.
Pfab: What about Planning & Zoning? What about professionals on that?
Lehman: No, no, no, they don't require professionals as a part of. ........
O'Dormell: This is a specific cormnittee.
Pfab: Right, we require them ...........
Lehman: No it isn't a requirement, is it Eleanor? It's a recommendation?
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Dilkes: Are you talking about the PCRB or? The requirement can be waived for
good cause.
Lehman: Right. So it is not something you have to have, and there are no other
boards and commissions that I'm aware of except perhaps ...........
Champion: Historic Preservation.
O'Donnell: Historic Preservation.
Vanderhoef: And Appeals.
Lehman: There may be ............ but they already have their requirements.
Champion: Right.
Lehman: But this is not changing anything in that regards.
Champion: But they're not policing themselves.
Lehman: No.
Champion: Right.
Kanner: Well, and Irvin, I don't know exactly where you're getting at but Board of
Appeals I think it's Board of Appeals, they're having this discussion
now about whether or not they want to require a fire professional to be
part of it and some are arguing "no let's keep it at large". So, it
certainly is something that's worth discussing for all our boards to see
how much you want to have professional requirement. We're going to
talk about this for public art advisory, whether or not staff should be a
part of it. So it's the same issue.
Lehman: I have some reluctance in supporting this. I will support it reluctantly. I
can see that there could be some situations down the road where it be
unfair to the board, unfair to the police department, or even unfair to
the person who is appointed if they have been or served as a police
officer in this community and then be asked to judge their peers. I'm
not sure that's good policy.
Vanderhoef: Okay and there's still is always the option of Council as a whole to turn
down any applicant.
Champion: Right.
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Lehman: When we say that we will accept applications after 5 years, we're basically
encouraging those folks who have served as police officers in the Iowa
City Police Department to apply, and then it becomes very difficult to
say no. Anyway ........
Dilkes: But I think, I think by including the provision in the ordinance, that there
should be a peace officer on there it and saying that that requirement
can be waived for good cause is different than just kind of the
complete discretion you have with applicants otherwise. It's
expressing a preference for having a peace officer on the Board. If you
don't think that preference is desirable, then we should remove that
requirement.
Pfab: My objection was, I think maybe I didn't make myself clear. My objection
is that they have to be off, unemployed, or employment terminated by
5 years before they can be accepted. That's my objection.
Lehman: I think that's a good waiting period.
Kanner: You want it to be less Irvin?
Pfab: I think it is excessive.
Champion: I don't think it is excessive.
Kanner: I did have a question for Eleanor. Could this, when we say police officer,
can this be a parole officer. What's the definition?
Dilkes: It's peace officer as defined under the State Code and it's a very expansive
definition. I think it's actually included in the advertisement that
Marian puts out and it's in your packet this week I think, I just read it
in there. It's very expansive.
Kanner: Here it is. Is that a new thing?
Karr: No, it's been for years.
Kanner: I didn't notice that printed in here.
Lehman: Roll call. Motion carries 5 to 1. Pfab voting negative. I've been asked to
take a short break. We will resume at 8:15.
(Break)
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ITEM 13. CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF
THE "PROGRAM FOR IMPROVING NEIGHBORHOODS"
(PIN) GRANT FUNDS.
Champion: Move the resolution.
O'Dormell: Second.
Lehman: Moved by Champion. Seconded by O'Donnell. Discussion?
Kanner: Well, we had discussion yesterday about one of the aspects that I think
most of us felt that he neighborhood.association did a good job and we
appreciate what they're doing, but some of us have problems with the
benefit for individuals that would happen with the couch, the so-called
dead couch proposal and I'd like to offer an amendment to remove that
proposal and give the money back to the association to recommend.
Lehman: We have an amendment? Do we have a second?
Vanderhoef: Second.
Lehman: We have a motion and a second. Prior to discussing the amendment we
have somebody from the audience that would like to speak. Jerry?
Hansen: Yea, my name is Jerry Hansen, Wetherby Friends and Neighbors, and uh
the neighborhood services office is about 13 years old in this town and
this is I believe the 9th year for P1N grants and I've distributed a letter
to you tonight that's from 1990 and I just want to read the second
paragraph to you just to kind of highlight what the letter says because
last night I know that you had some discussions about sustainability of
PIN grants, you know what could or could not be a PIN grant, and
things. So I just went back and I dug up this letter and I'll give you
paragraph two here. This was written by Steve Atkins our City
Manager in April of 1990. It says: I think we can find general
agreement that the backbone of any community is its neighborhoods.
Neighborhoods are a critical part of the social, economic, and political
foundation of a city. Neighborhoods provide an opportunity for an
orderly process of participation and support for the governmental
leadership and public service provision responsibilities of the City
Council. Our neighborhoods are an important measure of our
character, quality, and ultimately the cost of municipal services which
are provided. It is important to differentiate between service delivery,
that is the types of projects and programs a city government provides,
and the overall process of governing under the leadership of the City
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Council. If properly organized, I believe neighborhoods can undertake
some degree of self-determination in planning for and identifying their
needs. Additionally this neighborhood planning process can improve
service delivery by placing emphasis on producing and delivering the
right services. Not just producing and delivering services well.
Neighborhoods which are planned and well organized can serve as a
mechanism to support and critique programs and policies ora
community-wide interest and yet still allow room for their more
parochial interests.
I believe
Atkins: I did pretty good.
Hansen: This whole letter is filled with words of wisdom, and I believe every word
in here is still words of wisdom about neighborhoods and their self-
determination process. Neighborhood council really had a difficult
time this year because of budget reductions and the grants that were
submitted, and we thought long and hard about what our particular
neighborhoods needed, and I think that those needs are put forth in the
requests that we're going to give you tonight. Wetherby Friends and
Neighbors has two. We have one for I believe it is $500 for our
Saturday night drive-in. This is a program that has really been
responded to well in the neighborhood and it continues to grow. The
last one we had in May had about 400 people attending it. So we
would like that to be our first request. Our second request is for I
believe $3,500 and that would be for additional police time in our
neighborhood and I use the term time because I don't want to place the
entire $3,500 on patrols like we've done in the past. I wanted, I sat
down with Captain Widmer and we discussed some of the programs
that are happening in the schools where police are allocated time to the
schools and go into the classrooms and do daily announcements, and
things where they get to know the people a little better and the people
get to know them. And I believe I would like to put about 25% of our
$3,500 request toward more of these kinds of programs in Mark
Twain. And if it can be done, another 25% to Southeast JR High.
Both these schools are outside of our neighborhoods but our children
still go to these schools and I believe it's getting to the young people
that's going to make the difference in our neighborhood and so that's
where we want to spend our money. So I hope you take 10 minutes to
read this full letter. I really hope you do because it says a lot about
how neighborhoods are formed, how the interact with city government,
and how you can interact with them.
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Pfab: I have a question. How did you decide on Mark Twain and Southeast?
How come when you requested you requested Mark Twain and
Southeast but you left Grant Wood out? Could you explain?
Hansen: Well we only have so much money and at the end of the last school term
in the spring those were the two schools that we had the largest
problems with. I mean the young people, there were guns confiscated
fi.om kids in school there, there were fights in the schools, and we
really need to address these issues. I mean they never came out in the
paper that this stuffwas going on but yet we as a neighborhood know
about it and so therefore we would like to go and try and get to the
young people rather than trying to change the parents who are really
already set in their ways.
Pfab: I have one other comment just briefly, I was aware there was vandalism
over there ....... Disappointed
Hansen: In Wetherby Park?
Pfab: Wetherby Park ..........that's sad.
Hansen: Yea, over the weekend we had 52 of the balusters and railings kicked out
but I found out who did it and I turned their names into the police so it
will be dealt with.
O'Donnell: Very good.
Lehman: Thank you.
Hansen: Okay, the next grant requests are going to be from the Northside
Neighborhood and I'll just ............ whoever's going to go
first ......... Karen?
Leigh: Hello. First I'd like to express to the City Council how appreciative the
neighborhoods are for having the opportunity to participate in
identifying, prioritizing, and solving our issues at the neighborhood
level through your support of neighborhood associations, the
neighborhood council, and PIN grants. I'm here to support the
Northslde Neighborhoods PIN grant application for dead-couch day.
Because of its proximity to the University of Iowa campus, the
Northside Neighborhood undoubtedly has more formerly single family,
owner occupied properties now student designated income properties
than any other neighborhood. We are also fairly confident that we
have more formerly serviceable upholstered living room furniture now
designated to deterioration and mildew on front porches than any other
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neighborhood. Hereafter I will refer to these items as dead couches.
As a gateway neighborhood for Iowa City from the north we believe
these dead couches have a negative impact on first impressions of our
neighborhood and our city. Those of us who have taken the
opportunity through the Northside Neighborhood association to
express our feelings regarding this issue also concur that the dead
couches make it more difficult to support and promote our
neighborhood as a desirable place in which to relocate or invest. We
are hoping with this PIN grant application to have the means to dispose
of between 75 and 100 dead couches that are not wanted by their
current residents or their landlords. This would be accomplished by
hiring the services of a private hauling contractor or by utilizing City
services if possible, all of course dependent on your approval of our
application. Dead couches are often items inherited from previous
tenants, sometimes multiple leases removed from the current
occupants who reasonably feel no responsibility for their disposal.
Landlords also would find it a daunting task to identify among
multiple concurrent lease signers of a high turnover property, the
single person responsible for the eviscerated lazyboy or the unloved
and unlovely loveseat from whom to recoup their expenses for
disposal. Northside residents are willing to participate in this
undertaking by making neighbors aware of this service through our
newsletter, through flyers, by word of mouth, and even by going door
to door to assist in identifying items no longer wanted and getting them
to the curb. Does the Council have any questions for me?
Champion: I'd love it. I think it's great. You said it very well.
Leigh: Thank you. Please support our PIN grant for dead couch day!
Vanderhoef: Could I ask some questions? As your grant came through and we've
talked about it, something came up in my mind that why I wasn't going
to support it was because we had a problem a year ago in that a
neighborhood did leaf pickup at an odd time and had the extra funds to
do it and it became a problem because other neighborhoods expected
the same. They thought it was going to happen in their neighborhood
too and they didn't get it and felt that they should have had the same
service since it's a service that typically is supplied by the City. But in
thinking about where you are now and the possibility of working with
the landlord/tenant association, it would seem to me that perhaps
landlords could be of great help to you on this item in the fact that they
all have deposits from their renters and if there is an unwanted piece of
furniture that the leaving tenant must put it at the curb and that amount
paid to the City to pick it up comes out of their deposit unless the
tenant chooses to take it with them or dispose of it on their own,
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however, you know a lot of them have trucks that they could truck it
out and pay a smaller fee to have it done.
Champion: But the problem is they don't know who left the couch.
Vanderhoef: Well, let me finish. What I would consider is supporting dead couch this
time to get them cleared out but not again, and work with
tenant/landlord folk to say that this is a one-time shot and this is
something that you could take care of by your leases to say that all
furniture must leave and if you don't, it will be taken out of your
deposit. Something like that.
Leigh: We would appreciate that so much and I think it could be made very clear
that a lot of people went to a lot of time and effort to make this a PIN
grant application and support it for a one-time effort.
Vanderhoef: Well, on a one-time effort for something like that but I would really, really
like you to take this up with landlord/tenants and see if you can work
something out so that when leases are renewed that this won't happen
again and finally build up to the point that it has to be done again.
Leigh: Right. Thank you.
Vanderhoef: You're welcome.
Leigh: Are there any other questions?
Pfab: I think it was a gutsy idea.
Kanner: I have a question for you and some thoughts on it. First, just to comment
on what Jerry said about the memo. That paragraph looks good. I
recently heard some folks from Porto Alegre, Brazil, and they have a
participatory budget process where the citizens in the neighborhoods
get to control about 25% of the budget and I think eventually that's
something we could aim towards, but still I think the City Council sets
the general parameters and one of the things I'm concerned about is
any program where it benefits not only lower moderate income but
possibly higher income because in this instance I don't think that's our
purpose, especially with these grants. Either the whole community or
lower income or children in general I think is a good idea and so that's
why I'm not too keen on this program. The other thing I'm not too
keen on is, well I want to ask you some questions about the process to
solicit neighborhood input. Who do you think are the people that are
leaving the couches, the dead couches? What age range?
Leigh: Pr/madly students.
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Kanner: And how many people are at your meetings that are, that you have talked
to people about this issue at your meetings, your neighborhood
meetings, that are that age range?
Leigh: We do have students attend our meetings. And pementage is what you are
looking for?
Kanner: Yea.
Leigh: Maybe 10%.
Kanner: 10%, okay. I think that's a start. I think if we're going to talk about an
issue that you're talking about effecting mostly that age range I think
there has to be greater participation and there has to be a greater effort.
I know it's difficult. I know it's hard for any age range, let alone
younger age range which doesn't get involved as much in civic
participation. But for this especially. We saw tremendous opposition
to the issue of couches being banned as nuisances fi.om that age group.
Leigh: We are doing this strictly on a voluntary basis. If people want their couch
removed.
Kanner: I know you are. I'm just saying in general it was great output against this
and I don't see the great participation that's necessary for a true
neighborhood cohesiveness for this going through in a positive way
and so that's why I'm against it. I may not be so keen about some of
the other things but I think the other applications did have general
neighborhood participation and it's not going to benefit a certain group
of people that might be higher income.
Leigh: I see this as benefiting everyone in the neighborhood. For the students
who don't want that furniture on their porch but don't want to spend
$10 to get rid of it, we're giving them the opportunity to do that.
Kanner: I think find ways, I was at a house where we were applying for funds for
CDBG and we had to qualify a certain amount of people to be low
income and it was kind of a pain and I think that's what has to happen
here. It's a simple form that's used for the cement for the sidewalk and
I think if people want to partake in it they should check off as being
qualifying as low income. It's a pretty simple process and it's worked
in the past with the sidewalk repair and I think it could work with this
too if you wanted to implement that.
Champion: I disagree with you, Steven. PIN grants are not for low income. PIN
grants are for neighborhoods and doesn't make any difference if it's a
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wealthy neighborhood, and we have some of those in this community,
or a neighborhood that's not so wealthy. Everybody qualifies to apply
for PIN grants and they're not given out at income levels. I think with
the sidewalk repair it's because the neighborhood wants the sidewalk
repaired and that's why they have an income level on what they can
use PIN grants for and I think that's a healthy way to have an income
deciding factor on that. But PIN grants are not economically
dependent.
Kanner: No, they're not. They're for the public good of the neighborhood ...
Champion: Right.
Kanner: ... and we say the neighborhood good applies sometimes for individuals
but we say with the sidewalk we don't want to ...... why not just give
people who are well to do free sidewalk repair then, Connie, with the
PIN grant?
Champion: Well we probably couldn't afford to do that.
Lehman: Why don't we confine our comments to dead couches?
Kanner: Well I thought we were, Emie. This is part of the I think the debate.
Lehman: We are talking about dead couches, right? These are couches that are not
being used.
Leigh: Seriously deceased couches.
Lehman: Would you agree that dead couches probably become the property of the
landlord?
Leigh: When they are abandoned there, yes.
Lehman: When they're dead. When they're dead. Don't you think that perhaps he
could be the funeral director and dispose of them? I don't have a lot of
sympathy. It doesn't cost a lot of money to haul a couch away. I don't
think it is too much to ask a landlord to pay for hauling thc couch
away. And I believe they should and I'm not at all sure that if they
were approached and asked to do that, that many of them wouldn't do
that. Have any of these landlords been asked to haul couches away?
Leigh: Mayor, I think that if you saw the condition of some of the rental
properties on the northside you would understand that they're not
going to spend $10 to haul a couch away.
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Lehman: But have they ever been asked to do that? Do you know? I don't know
either, I'm just asking.
Leigh: Umm, I don't know either. But I do know that they're into minimalist
investment and .....
O'Dormell: I think you've done an incredible job. I'm not ready to penalize any
neighborhood for being active. The leaf pickup we did receive some
criticism on it but we had a neighborhood that was active and applied.
I think you've got a good idea here and I'm going to support it.
Pfab: I'm going to support it.
Champion: I'm going to support it.
Lehman: Thank you.
Karr: Excuse me, could I have your name for the record?
Leigh: Oh, Karen Leigh (spells name).
O'Donnell: And I think it's amazing you had 10% young people show up to a meeting.
Leigh: We have representatives from some of the fraternities and ...........
O'Dormell: There's other things to do in Iowa City at night.
Leigh: Yeah.
Lehman: There is?
O'Donnell: Yes.
Clausen: I'm Darlene Clausen. I'm also speaking for the Northside Neighborhood
association. Our second PIN grant request is for sidewalk repair. Our
sidewalks are being marked right now. We have a deadline of May
15th to have them repaired. We'd like to have $5,000 to start with
granting to people that are low income and would have difficulty
repairing their sidewalks. We would be working with elderly services.
They've indicated that they would work with us to help identify
people who may need it. The reason we chose elderly services is
because we do have a diverse neighborhood, it's not all students. We
have a lot of elderly neighbors. We have low-income neighbors who
are not students and then we have people who can afford to repair their
sidewalks. The $5,000 may not go very far because it costs about $120
for a square of sidewalk, but we're hoping through advertising in the
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newsletter and working with elderly services that we can distribute
most of those funds. If we would have funds left over, we would look
to supplementing those that have brick sidewalks and chose to repair
the sidewalks with brick again because that's about three times as
expensive as repairing the concrete. We would not pay the entire
amount but just supplement it for historic reasons because there's only
one little block between Johnson and Brown that have brick sidewalks
and I just wanted to add to the dead couch thing too. Part of our
reason for choosing both of these requests was that we wanted to
increase communication with all of our neighbors because we don't
have you know 10% of the neighborhood meetings might be students
but maybe only 10% are the elderly too. So this gives us a way to
work as neighbors to get out and actually door to door meet people and
help them get things done that would make our neighborhood more
attractive. Any questions on the sidewalk repair?
Lehman: Well spoken. Thank you.
O'Donnell: You're not going to talk about dead couches are you?
Klingaman: No, I have nothing but good things to talk about! (laughter) My name is
Marcia Klingaman and I'm the neighborhood services coordinator and
representing the neighborhood council this evening to present the
movies in the park big screen projector system and this was something
the neighborhood council has been talking about for quite a long time.
Jerry and the Wetherby Friends and Neighbors group has done the
Saturday night in the park drive-in for probably 3 years now and has
proven to be increasingly more popular with folks who live in the
neighborhood and it's an ideal opportunity for people to get together
and relax and enjoy each other, either watching the movie or not
watching the movie. The idea is to purchase a system that will be able
to be seen by a considerable number of people. The screen dimensions
are about 10 foot by 14 foot and the lumens on the projector are, and I
don't know all the technical details, but it's enough to project a DVD
or even a video, even at dusk. It doesn't necessarily have to be real
dark and I guess what I see is that neighborhood associations,
community groups, any group that is willing to host a movie
presentation in a public place, a public park, a rec center, something on
that order, and invite the general public to attend. This equipment
would be available for. What's being requested is $5,000 --- that's not
going to quite cover all the expenses unless I can negotiate with the
supplier but we're planning on working with some community
organizations and soliciting their donations to subsidize the cost.
Champion: Great.
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Lehman: Thank you.
Vanderhoef: Do you have any idea how much more you're going to need?
Klingaman: $292 --- it's not a lot. I think I might be able to negotiate that.
Champion: You can raise that I'm sure.
Vanderhoef: This is where you fund raise and tell people how much you need.
Klingaman: We need $292 to subsidize the cost of this movie projection system.
Vanderhoef: Well done.
Hansen: Can we count you in, Dee?
Vanderhoef: Sure.
Kanner: Although here you said possibly $2,500 in other funds. $3,000?
Klingaman: That was originally, I don't know if you recall, the neighborhood council
applied for funds through the community events budget and that was
not approved so we they decided that once the housing inspector
position was not funded through housing inspections and one of the
applications was to provide a computer and desk and chair for that
position, that they kind of shuffled around and decided to put some
more money into the projector system rather than the initial request
and take it up to the $5,000.
Champion: That's terrific.
Klingaman: Does that make sense?
Kanner: And this, yeah, and this will be only available to neighborhood
associations?
Klingaman: Any community group. We'll be working with the library. They have an
audio/visual lease system set up already to duplicate the forms and
regulations that they have for people to sign out equipment and there'll
be training involved and from what I understand it's not complicated
to operate the machinery. This includes all the necessary
transportation, the cases and things that will make it easily portable to
get to where they want to go.
Kanner: Thank you.
O'Donnell: Thank you.
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Lehman: Thank you. We have an amendment on the floor to bury the dead couches,
to remove the dead couches and send that funding of $1,000 back to
the committee. Discussion on that amendment?
Lehman: I will support the amendment. I absolutely do not like dead couches. I
would love to see them removed but I do think that's the responsibility
of the landlord not the responsibility of the City.
Pfab: I'm not going to support it because we're asking for neighborhood
participation. They worked long and hard on it and I think to yank it
out after we tell them to go ahead and tell us what you need and then
tell them we're not going to give it to you.
Lehman: I understand, Irvin.
Pfab: I don't think that's a very good policy so I'm going to not be able to
support it.
Lehman: Other discussion?
Wilbum: I look to the PIN grants to provide a thread of community for the
neighborhoods and you know, it's important for the City to look at all
the different services that citizens need but that bond, that connection,
that we want to see happening in our neighborhood services growing, I
look at the PIN grants as a way to serve that and I guess I'm like
Connie that if some folks think that their thread holding their
neighborhood is removing a dead couch then I'm going to go ahead
and support it and even if it is matching some existing City service,
umm they feel that's important for their neighborhood and it's legal,
then I think we should go ahead and do that and hopefully it will
inspire other neighborhoods to form their associations.
Champion: I'm just going to go along with Mr. Atkins' memorandum that the
neighborhood has the right to improve City services.
Lehman: All in favor of the amendment indicate by raising their right hand.
Pfab: The amendment is what?
Champion: No, you're not going to support it.
Lehman: All opposed to the amendment. You're opposed?
Champion: Yes.
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Lehman: The amendment is defeated on a 5 to 2 vote. It's easier to say there were
two in the affirmative. Kanner and Lehman. Now discussion of the
original motion if any? Roll call. Motion canSed.
Wilbum: I'm also present now.
Lehman: Yes, welcome!
Wilbum: Thank you.
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ITEM 14. CONSIDER A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA
CITY AND SOUTHGATE DEVELOPMENT COMPANY.
O'Donnell: So moved.
Vandethoef: Second.
Lehman: Moved by O'Donnell. Seconded by Vanderhoef. Discussion?
Kanner: Now there was talk about using some of this T~ money for instead of a
tax rebate for other areas. Dee you were talking about (tape change
03-65) I was wondering what happened to that?
Vanderhoef: Well, when that comes is after the original is paid off so we can continue
to certify need for projects within that TIF'd area.
Lehman: Dee, correct me if I'm wrong, but I believe this TIF area is significantly
larger than the projected area we're talking about tonight, and the TIF
that we might use for other projects basically ...... was I correct in
assuming we felt we might TIF those other areas within this district
and use that for other purposes?
Vanderhoef: Yes. ~
Lehman: This is project specific here.
Vanderhoefi This one has a maximum not to exceed, it says 7 years, however there is a
maximum not to exceed 1.7 million, 1.725 million to be exact, for this
particular project, and certainly we can continue to keep the TIF in
place to do anything that we need to do within that district.
Lehman: Yeah, but I need to, I feel compelled to point out that we have never used
TIF money other than for project specific issues. This is a project that
is specifically for Pepperwood and my vote in favor of this is for the
Pepperwood work only. Now if someone wants to come back with
another application for something else, I would do that, but I would not
personally favor extending that TIF to anything more than the project
that's being presented.
O'Dormell: I agree.
Vanderhoef: I'm talking about specifically City improvements.
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Lehman: I don't care. This project is project specific to this project and I wouldn't
use that money for anything else.
Champion: We could move it along the highways to Dubuque and Foster Road and
have the money
Lehman: Clear to North Liberty.
Champion: for ................ we could fix that intersection. (laughter)
Nasby: I think we're confusing issues. The development agreement that is on is
purely for the Pepperwood project tonight.
Lehman: Right.
Champion: Right.
Nasby: What you all were talking about are potential other improvements once we
go ahead and certify debt, then we freeze the base values of that TIF
district, and if there are additional revenues that we've incurred debt
for, public projects or other projects, that are approved by the Council,
we then would have the option to use those TIF revenues. If we don't
have debt, they get distributed to the tax jurisdictions just like they
normally would.
Lehman: Right.
Nasby: Okay.
Kanner: Right, but we're saying 100% tax rebate on the minimum improvements
which means
Nasby: Just for this project.
Kanner: that this project we could have said 50% and used the rest for
improvements around the lake. One of the ideas that were floated
around, but we're making a policy of not doing that. Everything is for
a specific project, Emie.
Lehman: That's right.
Kanner: It's a matter of where we're going to put the tax dollars and we're going to
put it back in their pockets and you're saying it's an inducement for
them to do that and I'm saying no, that certainly some sort of
inducement, but the questions is "would they do some of it or all of
this without that much" and is this benefiting the public, and I would
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say we could use some of that money. This would be something that
perhaps I would go along with if we would put a significant portion
into public land, such as the trail that we're talking about--that was
being talked about. Dee, you were throwing out ideas like that, and
certainly we could look to extend it later but why not do it now?
O'Dormell: I'm ready to support this. This is a good project. It's needed there. I
don't remember the vacancy rate in that mall but it's ............
Pfab: It's very low
O'Dormell: What's that?
P£ab: ........ it's low. It's not ..............
O'Donnell: Compared to what Irvin?
Pfab: No, there's a lot of those places are still income producing.
O'Donnell: Do you know the vacancy rate?
Pfab: Yes, I think it's 35%.
O'Dormell: That's a third...
Lehman: Pretty high
Pfab: Right, but
O'Donnell: .......... at any rate this is great for the southside. It's needed. Pepperwood
once was a great mall. It will be again It's great for the City. We can
look at Sycamore that's been brought back. Property values are going
up, but I think most important is the southside needs a project like this
and I whole-heartedly support this.
Champion: Well I think you're right, Mike. I think it does other things too. Not only
does it provide more jobs in the area, it starts to build a sense of place
in a neighborhood when you have an area that looks pretty shabby
right now, sorry but it does, it really is going to be very attractive and
very well done, and it's part of building neighborhood pride, and I
don't think you can put a price tag on that kind of thing. So I think it's
a wonderful idea and I'm going to totally support it.
O'Donnell: Good.
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Pfab: But I believe that the reason the neighborhood did run down is because the
people that owned this mall did not provide the neighborhood services
there. They collected the rents and left the tenants, did not bring in
new services.
O'Donnell: I disagree with that, lrvin.
Pfab: Well we have a sound disagreement.
O'Donnell: Thank you.
Lehman: Is there other discussion relative to this?
Pfab: And I respect your disagreement.
O'Donnell: As you should.
Kanner: Before there was ............. okay so there's a future building site. What is
planned for that building site there? Is that a definite? Was that part
of the agreement?
Morrow: I'm Theresa Morrow, I'm with Southgate Development. That furore
building site is just basically an extension of the additional entrance
that will come in from Highway 6, giving a portion of that parking lot
access where there hasn't been before. It's typically been unused. It's
seen as a better way to generate traffic in the area and bring more
interest to the area. Nothing specifically is planned for that site at this
time.
Kanner: So it's not in the agreement, Steve? For a building? I think it's a lot of
money for parking lot improvements. We need to do in-field
development it seems, and do we have that in the agreement?
Nasby: The parcel where the future building is sitting that parcel is included in the
TIF, but the building itself is not part of their minimum improvements.
Now keep in mind that if they don't improve the property and
generate additional tax, there isn't going to be the rebate.
O'Donnell: Right.
Nasby: So if they put more into it and get more, and pay more taxes, they're going
to get more rebate. If they don't put that building up they're not going
to generate taxes and we won't be rebating anything to them.
Kanner: But in the past with these TIF's, we put in very specific things and that
was one of the things when this was brought up a number of months
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ago it was almost a definite, and I don't understand why we don't put
this in there if we think it's gung-ho and we want that kind of thing.
We're using this as a financial incentive. Why not go further like
we've done in other areas and be very specific about what we want?
Nasby: We're allowing for it within the development agreements so if they can
build it, then they put in on the parcel and generate the revenues, then
we're going to rebate the taxes that will become part of this
development agreement. Again, if they don't put it in, you're right we
do have specific things and that's listed in the minimum improvement
section. There are five commercially zoned tracks where they could
make renovations or improvements such as building a new building.
They're also going to be doing renovations to the existing structure.
Putting in a bus shelter and putting in that access. So those are the
things that are defined in the minimum improvements.
Kanner: Thank you.
Pfab: Could you explain how the cost of the new access is going to be covered?
Nasby: Southgate is .......... that's a cost that they're going to incur.
Pfab: And TIF ....... ?
Nasby: The TIF money purely is a rebate on the tax. If that access does or does
not generate additional tax revenue, they're going to get rebated
whatever the taxes are for that improvement. But it's not incumbent
on us to pay for it.
Pfab: Well it is if it increases the value of it but when they came to us and asked
for permission, requested Iowa City to support that access, which is
going to make traffic a little bit more difficult there for people on
Highway 6.
Nasby: Sure.
Pfab: I think it's a good idea, but they said under no circumstances would the
City of Iowa City pay for it and they said that's fine. Well it looks like
this is a backdoor way of getting that paid for because it's going to
improve the property and I think that that part ought to be cut out. I
want people's word to count, not just the City's word to count.
Nasby: Well I don't know what the access will do to the value, I mean the access
itself I don't know if that is going to be an improvement in the tax
base.
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Champion: It won't be.
Nasby: No, I'm not sure the access itself would be a taxable improvement.
Pfab: Why are they doing it?
O'Donnell: Because 35% is vacant.
Lehman: Well even if this does have a significant increase in the tax base, it's going
to be virtually impossible to decide how much that increased the tax
base. I mean are we going to go through and say that this
tree ............
Pfab: I agree, I agree! I think it's an extremely clever way to get around a
promise they made. That's not the first time.
Champion: Well Irvin...
O'Donnell: I don't understand.
Lehman: Alright, I don't follow your logic on that one, Irvin, but that's okay. Any
other discussions?
O'Donnell: No.
Vanderhoef: Just one more thing that hasn't been brought up that I think people should
understand about working on an interior city project like this is that it
truly reuses the infrastructure that the City provides in the water and
sewer and so forth. If someone else, or if they chose to buy new
property, in a more remote location it would be up to the City to bring
th6se services to them. We want to keep our City compact and we
want this ...... this is almost like what we call in-filL.in that we keep
the property active and producing tax revenue for the City and the
schools so reuse within our City confines is very important for us.
Pfab: I'd like to respond to Dee's comment. This was one of the problems that
bothered me when that mall was not rented out, the infrastructures that
the City provided were basically dormant while the property was still
income generating to the owners and they sat on that for a number of
years, and now they saw "we don't want to do that anymore", we're
willing to go ahead and do something else. In the meantime the
neighborhood had some real difficulties because the neighborhood
services were not provided. You have a point. The City infrastructure
was not being used over the last couple of years, but it was still income
generating for the owners but the City got nothing out of it after we put
all the structure in.
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Lehman: We collected all the taxes.
Vanderhoef: We collected taxes. Of course we got something. But the value ........
Lehman: We collected taxes on it all that time.
Pfab: Well, if it's high value then how can they improve it?
Lehman: We'.re trying to get back to higher value. Other discussion?
Champion: Can we vote?
O'Donnell: Let's take a vote on this Emie.
Kanner: What's the story on the streetlight on Highway 6, Steve?
Nasby: It's going to be an unsignalized intersection.
Lehman: With turn lanes?
Nasby: With turn lanes, that was the Iowa DOT.
Kanner: So they wanted the signal but the DOT is not allowing it?
Nasby: The DOT did not want the signal because it would cause impede traffic on
6 and they want to keep as much flow as they can so they prefer the
turn lanes.
O'Donnell: Thank you.
Lehman: Okay. Roll call. Motion carded 5 to 2. Kanner and Pfab voting in the
negative.
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ITEM 18. CITY COUNCIL INFORMATION.
Lehman: Irvin.
Pfab: Nothing.
Lehman: Connie.
Champion: No.
Lehman: Mike.
O'Donnell: Nothing tonight, Emie.
Lehman: Dee.
Vanderhoef: Thursday our public schools start and it's always a concern for everyone
that our children get to and from their schools safely. Just be on the
alert. Take care of the children, and be responsible, and have a good
school year for everybody.
Lehman: Cool. Ross.
Wilbum: I invite folks to attend a couple events on Saturday, August BOth, a couple
events. LaLeche Walk for LaLeche League at City Park this year I
believe, at 10:00, and in the afternoon I think from 11 until well into
the evening at Riverside Stage United Action for Youth is having an
art festival down there. And then on Sunday at the Knights of
Columbus building there is a fundraiser for several youth
organizations. Four Oaks, I think the Mayor's Youth Employment
Program, umm, I will be at the dunk tank out there I believe at noon.
Vanderhoef: Goody.
Lehman: All right.
Wilburn: Dunk your City Council member!
Lehman: Steven.
Karmer: Part of the Mayor Youth MYEP, Mayor's Youth Employment Program
weekend on the 23rd are having a bike sale and repair at their
headquarters on Dodge. I hear they have a lot of good bikes out there,
and also want to appreciate, applaud the Downtown Association for
the concerts, Friday night concerts and Saturday night concerts, and the
fact that this year the fountains are on. I know that there are a lot of
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Council meeting of August 19, 2003.
#18 Page 52
young folks and occasionally older folks who enjoy the fountains and
the atmosphere they bring. So thanks for that. Last year they weren't
on during the concerts.
Atkins: Complaining musicians aside, the fountains are on so.
Lehman: Right.
Kanner: This year, yea. They play loud enough to overcome that.
Atkins: I figured they could.
Lehman: Did anyone go to the Irving Weber days? I was out of town.
Vanderhoef: Yes.
Champion: I was out of town.
Vanderhoef: It was well received by the community and they had a very nice
dedication. A lot of folks showed up. A number of speakers,
including Irving's
Wilbum: Son.
Vanderhoef: son came and spoke, and I really, really like the statue.
O'Donnell: Yea, the statue is incredible. It really is.
Lehman: I saw it.
Wilbum: I've seen a lot of folks stopping, all times of day stopping and looking at
the statue.
Lehman: Great, I have two things. First of all the Sertoma Annual Fly-In is Sunday
at the airport. That's a project I think is truly a family event. I'm not a
member of Sertoma so I'm not cheerleading for my own service club
but this is a great group of people. They provide a tremendous
Sunday, I think 7 in the morning until 1:00 in the afternoon, out at the
airport. Enjoy yourselves. Pancake breakfast, lots of stuff for kids to
do, great for families, and I think the Sertoma Club really does, I think,
a great deal for the conmaunity. And I would like to thank each of you
Council folks and so many folks from the community who sent me get-
well cards and plants and whatever in my recent illness. I'm doing
very, very well, but I truly appreciate the concern of this community
and I do appreciate it. So thank you very, very much.
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#19 Page 53
ITEM NO. 19 REORT ON ITEMS FROM THE CITY STAFF
Atkins: Human Rights staff asked me to remind folks that deadline for submitting
nominations for folks for human right's awards is September 5 at
5:00pm, and the breakfast is September 25. That's the 20th annual
human rights award breakfast, so if you have someone you'd like to
nominate, please get it in sooner than later.
Kanner: Steve, Do they have to fill out forms or can they just write a paragraph?
They have to pick up forms here?
Atkins: Call
Wilburn: Essentially it's a nomination form.
Atkins: Yea, essentially a nomination form and if someone needs it just call us and
we'll get one in the mail to you.
Lehman: Okay, Eleanor. Marian. Do we have a motion to adjourn? Adjourned.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of August 19, 2003.