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HomeMy WebLinkAbout2003-09-09 Transcription#2b Page 1 ITEM 2b. MAYOR'S PROCLAMATIONS. b. Constitution Week: September 17 - 25 Lehman: I've heard a lot ofpeople say it's our obligation to vote but I think it's an absolute privilege to vote, so if you have an opportunity and you do for another 58 minutes, please vote in the School Board election. Karr: Here to accept the proclamation is Sabrina Alberhasky and her son JD. (applause) Lehman: (chuckles) His finger is taped shut. You are the youngest, and one of the most attractive. Thank you! Alberhasky: Pilgrim Chapter Daughters of the American Revolution and our representative from Little Knight Society of the Children of the American Revolution, appreciate the proclamation of September 17th through the 25th as Constitution Week, and we thank you Mr. Mayor. (whispering to son). JD: Thank you! (laughing and applause) Alberhasky: I would just like to add that the DAR objectives are Historic Preservation, promotion of education, and patriotic endeavor. This year we'd like to put a spotlight on our promotion of education by mentioning our many history essay contests, creative expression contests, art contests, and scholarships that we offer. We have things for everybody from kindergarten through college. If you're interested look us up on the web; we're sponsored by the Johnson County Community Network. And, we'd like to present you with this poster commemorating Constitution Week. Thank you. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #2c Page 2 ITEM 2e. MAYOR'S PROCLAMATIONS. c. American Heart Association Day: September 28 Kart: Here to accept the proclamation is Kathi Cleppe. (applause) Cleppe: Thank you everybody. Thankyou for accepting this. Ijust wanted to leave some information and put the Councilmen at a little challenge to try and raise money on their own, and so I'll just leave all that with you. Thank you for everything. Lehman: Now that walk is on the 28th, is that correct? Cleppe: It's Sunday, September 28th. Lehman: 2:00 Lower City Park. Cleppe: Correct. It's an away game and it's on Sunday (chuckles), and it's after church. Thank you. Lehman: (chuckles) Thank you. Cleppe: And I'm just going to leave this - ok, thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #3 Page 3 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. O'Donnell: So moved. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion? Champion: I'd like to ............ (others talking) ...... I just want to remove e. 18. Lehman: Ok ...... e ...... Karr: 3.e.18. Lehman: 3.e. 18 ....... okay. Kanner: What is that in regards to? Champion: Oaknoll ....... I mean the parking, no parking ........... Lehman: No parking restriction on Oakcrest. Okay. Kanner: Okay. And then I had two items. Number d. 1. in regards to the clean air attainment program grant application with 1DOT; and the other is the grant application for number 5 Karr: 3.d.5. Kanner: Nomination for downtown historic district grant application from the CLG. Lehman: Okay. Champion: I'd like to amend .... Lehmm~: Well I think we need to vote. Is there any other discussion on the Consent Calendar after the removal of those three items? Roll call. Motion carries. Champion: I'd like to amend e. 18 which deals with the no parking on Oakcrest between Sunset and George Street to amend that to take effect December 1, 2003. Allow the congestion in the parking because Oaknoll is in the process of building a new parking ramp, and they would just like us to postpone the no parking until then. Lehman: Is there a second? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #3 Page 4 O'Donnell: Second. Lehman: We have a motion and second to amend the no parking on Oakcrest Street to take effect December 1. Discussion? Karmer: Now, were the people that sent in ............. this was I think 75% or more... Davidson: 78 ...... Kanner: 78 approved the restriction. Were they told that Oaknoll would be building, completing their parking ramp by December 1 st and that might alleviate some of the problem? Davidson: I don't believe they were told that. There was nothing in our correspondence to them that indicated that. Kanner: Are you thinking that most of the problem is from cars that will be cleared up once they are in the parking ramp? Davidson: The cars that are currently parking on the street ........ Kanner: I don't know if your mike is picking up. Davidson: The cars that are parked on the street, the only thing we've been able to ascertain is that they're not from the residents on that street. I think it's probably a combination of Oaknoll and just general commuters because the city of University Heights does not allow parking during the day on their streets. Vanderhoef: The letter we have though states that right now there are employees having to park on the street because of the construction and while they were going up, they had to remove parking places on a flat surface parking lot on the premises. Kanner: Yeah, I recall seeing that. I was just wondering ifum perhaps the residents there felt that there was a greater problem than that, and I was wondering if there are any residents here to speak to that issue. Lehman: Doesn't look like it. Davidson: Thanks. Kanner: Thanks. Lehman: Thank you, Jeff. We vote on each of these? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #3 Page 5 Kart: Right, this is a motion so it's not a ............. Lehman: All those in favor of accepting 18 as amended signify by saying "aye", those opposed? Motion carries. Lehman: Steven are you going to make a motion on the two you asked to be removed? Kanner: Yeah, I'll do that in order then. D. 1. I'd like to make a motion to file an application with DOT for the clean air attairmaent program. Lehman: Is there a second? Vanderhoefi Say that again. Kanner: This is an application with IDOT for the clean air attainment program, and this is a grant for traffic signal interconnection project arterials. Vanderhoef: And you want to? Kanner: This is ............. I withdrew it so that ................ Lehman: Now he's making the motion that we consider it. Vanderhoefi Oh you just want to talk about it. Champion: Second. Lehman: We h_ave a motion and a second, Kanner and Champion. Discussion? Karmer: Um, this is a program, my understanding is that the federal government allocates to cities that don't meet clean air attainment and the states also receive funding for this program, and then it can distribute it to different cities that actually do meet the attainment levels that wouldn't be eligible as an individual city. And so I have no problem with this. We use this for the removing the train connections a few years ago. Part of my problem is I think I might tend to vote for it but I just wanted to bring up this concern is that the solution from the feds and from us by accepting this is that if we make the streets wider and faster and totally smoother that that's going to solve our problem. Just because the feds give us money doesn't mean that it's a good program. We have an administration in Washington that's pretty conservative, certainly in terms of environment, and I don't think they look at the best solutions which are more funds for public transportation, and that's why I have some concerns with this, and I was wondering if This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #3 Page 6 anyone else here has some thoughts or perhaps Jeffhad some thoughts and reactions to what I said in regards to this. Vanderhoef: I would just say that in reauthorization of TEA21 and also transportation dollars the committee I work on for the National League of Cities they are definitely supporting this for cities in that they can't always get dollars down to communities at our level to do these things, that most of it is coming through the DOT at the state level, but there isn't any other way to distribute these dollars and they are specifically set aside in the federal authorization for dollars so they can't be shifted to transit at this point in time. So the only way that you could get this shifted to transit would be to lobby through the National and through your senators. Kanner: Now, let me ask Jeff this. I thought clean air attainment was open for, was not locked into certain categories, like Dee was describing, so if this money was out there and available we could apply perhaps like Ann Arbor used their clean air attainment money to give free bus passes to people that worked downtown. Could we apply for the same money for that kind of program? Davidson: Real quick explanation here, and in a roundabout way I'I1 answer your question, Steven. The ....... this is a program that goes to all 50 states from the federal govermnent and it is intended for communities that do not meet federal clean air attainment requirements. Iowa has no communities. Everybody is in compliance in Iowa. So the state DOT can do whatever it wants with this money. You get a minimum allocation if you're a state, there are a few other states including Iowa, that don't have any communities that don't meet the clean air requirements. So we get ........... it's in the range of $4 million a year. The state can do whatever they want with it, and in fact for the first year or two of the program they just kept it and used it for their own projects. There were a few of us, including myself, that put some pressure on the state to establish this program to try and fund projects out in the communities that do have some benefit to air quality, and I'll be honest with you some of the projects it's a little harder to find that tie but nevertheless the program's been in place. As Steven pointed out we have used it. It can be used for transit projects. The only ones I'm aware of Des Moines has had a couple projects associated with the reconstruction of 235, and buying transit equipment associated with trying to get more people on the bus in that community. I'm not aware of any other communities that have used the funds for a transit purpose. It is possible --- it is difficult This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #3 Page 7 Pfab: I would ask the question: did we apply for and did we decide what we wanted to use it for or was there any direction from the state? Davidson: This was a project that was generated by staff. It's something that we had planned to do anyway with local funds and we thought what the heck if we can get som. e state funds for it all the better. It's contingent, of course, on the seven of you approving this resolution. If it does not pass then we will not file the application. Pfab : I differ a little with Steve on this. I've been in situations where traffic signals have been synchronized and it just makes the world of difference. If Iowa City has a problem with stop lights, or signal lights, that is I catch it a lot of different times. We have some that work pretty good and some that don't. But I've been in areas where they work beautifully for miles in bigger cities, and I would, I am very happy to support it. Now whether there is something better I don't know but I'm very happy to support it. Lehman: Is them other discussion? All in favor ......... Karr: This is a resolution. Lehman: Oh I'm sorry it is a resolution. Roll call. Motion carries 6 to 1; Kanner voting the negative. Kanner: Okay, and the next resolution that I removed from the Consent Calendar is d.5. to apply for a grant from the Certified Local Government (CLG) grant program for preparing a nomination of downtown historic district as a National Register of Historic Places for downtown areas and National Register of Historic Places. Lehman: We have a second? Champion: Second. Lehman: Move by Kanner; second by Champion. Discussion? Vanderhoef: Well I talked about this last night and I asked for an opinion this morning from legal counsel on conflict of interest, number one, and number two the questions that I brought up last night that this original study was brought to us two years ago. I don't recall all of it. We've never had a conversation with Historic Preservation and what I would like to do is defer this until we've had our meeting with the Historic Preservation, which I think is in two weeks, and at that time we can ask more questions and perhaps by that time we'll have some answers on conflict of interest, unless you have something now, Eleanor. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #3 Page 8 Dilkes: No, just briefly with respect to the conflict of interest issues as Dee notes, the issue has been raised with respect to Dee as well as Ernie and Connie, anybody who has an interest in a downtown property. I can't give you my opinion on that now cause it's dependent on getting the facts from you all about what that interest is. Um, so if you want my opinion before you make that determination we would have to defer it. Lehman: Dee, was your comment a motion to defer? Vanderhoef: I would move to defer until after we have met with the Historic Preservation. Pfab : I think that's a good idea. Lehman: Do we have a second? We have a motion. Dilkes: Is that an indefinite deferral then to give us that flexibility? Vanderhoefi Yes. Dilkes: Okay. Lehman: Okay, we have a motion and a second to defer until after meeting with the Historic Preservation folks. All in favor .......... Kanner: Wait, wait, Ernie, I have ............ Lehman: Yes? Kanner: I had a question and maybe Irvin did, but is there any timeliness to the grant application? Wilburn: When's the deadline? Franklin: There is a timeliness factor. However, due to the conflict of interest issue, if it cannot be resolved this evening, which evidently it cannot, then what we'll do is just make this application next year if the Council so chooses. So it's not um, it's not a critical issue in terms of the timeliness. If we can't apply this year, we apply next year. Vanderhoef: Karin, my understanding had been as I followed Historic Preservation ...... Franklin: Uh-huh. Vanderhoef: ...... minutes and so forth, that they were going to do the north side first, rather than downtown and then I see they have changed their direction, and is there any possibility of them moving forward that way? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #3 Page 9 Dilkes: I would suggest that if we've got conflict issues that we need to resolve we probably want to do that before we have any discussion about it. Lehman: All right. O'Donnell: There's a motion and a second to defer, Ernie. I don't think we should get into it any more. Pfab: I think that deferring is not a way. If there's a conflict, the people that would have a conflict, can't they recluse themselves and move on? Lehman: They do not know at this point if there is a conflict. Pfab: Well ...... Lehman: That's the issue. Pfab: ...... maybe make the assumption that there is. Lehman: Why don't we just ............ (can't hear)....all in favor of deferral? Franklin: At the most you lose a year on it. Lehman: Okay. All in favor of deferral indicate by saying "aye". Those opposed? The vote is 5 to 2 with Pfab and Champion voting the negative, and it is deferred. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #4 Page 10 ITEM 4. PUBLIC DISCUSSION Lehman: Item 4 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. Christoffer: My name is Sherry Christoffer. I'm from Iowa City, and I wanted to let you know that I had a service dog, seizure response dog, and I'll be getting another one, and I'm finding the need to educate the businesses in this community on service dogs, and their rights cause I had some issues with that before. That businesses did not accept service dog, and federal law does protect it so I need some direction and where to go with this. Lehman: You're referring to a business that will not allow a service dog ...... Christoffer: Yeah, there are some that I've dealt with and I'm still dealing with. Lehman: That's a question for you, Eleanor, I think. Dilkes: Well I've not looked at that particular issue. I would guess the place, the most logical place to direct her would be to the Human Rights staff. Wilbum: I think the other part of what Sherry is getting at, and what she's been trying to do, is provide some education for the community and I think she's just looking at this as a way to reach out. I know she's had a conversation with some library staff just in terms of distributing information. I believe she's got a flyer from a national organization that describes what to do if someone is having a seizure. Chfistoffer: That was for epilepsy. That was a first aid. Wilbum: Yea, epilepsy. Christoffer: But this is service dog issues. Wilbum: Okay. Dilkes: There's a public accommodation issue there and I think, I'm not suggesting that she necessarily wants to file a claim with the Human Rights staff, but I think the Human Rights staff could help her in terms of their network of educational things and that kind of thing so. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #4 Page 11 Pfab: You had spoken to me about this, which was something that I was not aware of. Might you be willing to describe to me again and the Council and the public what you mean by service dog and particularly in your case. Christoffer: Um, the service dogs are a medical device for people with disabilities. It can range from guide dogs to hearing dogs to seeing eye dogs, seizure response dogs, companion dogs, and these are highly trained dogs. They are not pets, and they are a medical device, and the purpose of having the dog is not to create stress in our lives. It's to help us to become more independent and there is ADA, Americans with Disability Act, that protects the fights of our dogs, to be accompanied with us anywhere we go in public, and so the businesses I would say need to be educated. Maybe they're not being educated and this needs to happen and then they could put a sign in their door saying 'service dogs welcome'. That would let us know that they have been educated and if they haven't, then we need to educate them. Lehman: Why don't you contact Heather at the Human Rights and she can I think give you some assistance. I'm sure of that. O'Donnell: That's a good place to start. Christoffer: Okay. Kanner: Also I was wondering if we could ask our City Manager as a member of the Chamber of Commerce, if we could submit an article for a small little notice in the newsletter. They could write up a little notice in the newsletter to reach other businesses. Lehman: I would think Sherry could have that prepared with Heather's assistance, and I'm sure that would easily be included in the newsletter. Okay? Karmer: Fine. Christoffer: Yea, I have documents here ........ Vanderhoefi Would you tell me, Sherry, whether there's any identification on your dog that alerts the public? Because I'm not aware of it. Christoffer: Yea, most service dogs, almost all of them, will have a blue pack on them lettin' you know they are a service dog, and they say 'please don't pet me I'm working' and so half of our time is going to be telling people please don't pet my dog it's working because, you know, and so you're babysittin' half of the time so it's kinda hard to educate everyone around you so if we could get the help we would really appreciate it. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #4 Page 12 Lehman: I think that will work. I think that'll work well. Contact Heather Shank and we will see what we can do. Christoffer: Okay. Pfab: Sherry, I just want to thank you because you just started educating the public. You're on live TV and it'll be rerun and it will also be part of the public record, so I thank you for coming. Christoffer: Great, thank you! Lehman: Thank you. Porter: Mike Porter, 760 Forest Edge Drive in Coralville. Just for the record, Ernie, I timed my speech this time so it's shortly under 5 minutes. (laughter) A lot of attention has been given lately to whether the 19 ordinance is working or not. City officials have been scratching their heads to figure out why they could only arrest 42 underage drinkers on the weekend of August 22 to 24 in the bars only to arrest hundreds more in the following weeks. The answer is very easy. First, the City must spend an $11,500 fine for their share on alcohol enforcement. Their answer in spending that fine was to pay about eight extra officers overtime to come down and patrol the bars. Dramatic increase in the amount of enfomement in the bars. Second, and this is kind ofabig point of mine, is the vast majority of drinking is going on in private residences and is being totally ignored. Did city officials stop people from going to the bars? Yes. Number of people going to the bars is plummeting. I guess this is where you can pat yourself on the backs. Um, did city officials stop underage drinking? No. Probably the reverse. Oops, maybe we better stop patting ourselves on the back. On the weekend of August 22 to the 24th, over 300 kegs of Budweiser products were sold at area stores for consumption in places other than restaurants or bars. Over 300 kegs. That does not include Miller, Coors products, just Budweisers. Over 300 kegs. From discussions with employees from Budweiser this is almost double from the same period last year. These numbers are fact, not based on a survey. Um, from talking to my keg delivery drivers this trend has continued throughout the school year. They are stocking the new liquor house almost three times a day. They told me that Regal has a big enough cooler where they do not need restocking. Urn, a University professor did a study that wants you to believe a 21 ordinance in order to reduce access to alcohol. I challenge to put yourself in the mind of a 19 year old. By banning them from a bar their first reaction is not going to be 'I'm going to stay home and play Monopoly tonight'. That's not realistic. They're gonna figure out how to get what they want. Here's This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #4 Page 13 the reality, during the first few weekends in question every Greek house threw parties in private residences because their new pledges could not go to bars. On Saturday night there was a party at Grandview Apartments that required nine squad cars to break up. Was there sober staff there to control that party? Was there sober staff there to help prevent officers that were gettin' rocks thrown at them while they were trying to break up that party? I know a cocktail waitress that threw a party on Bowery Street that went through 17 kegs on Friday night. 17. That's more than we sell at the Summit, a 10,000 square foot facility with a license, in over a week. Were there any underage drinkers at that party? Was anybody ID'd? Was beer being illegally sold? Was it bootlegged? Were taxes being paid? Were building codes being abided by? Where did the people relieve themselves? Who cleaned up the garbage left in the neighborhood? I think you all know the answers to these questions. One other question that just popped into my mind tonight, when a party charges $5 at the door for a cup with unlimited access to a keg, does that violate the city's 'all you can drink' ordinance? I don't know. That just popped into my head. (laughter) Um, let's do some math. 300 kegs equals about 50,000 12 ounce beers. That's 50,000 not including Miller or Coors products. Are any laws being broken during the consumption of these 50,000 beers? Uh, why do city officials choose to focus their effort on licensed establishment when the majority of the alcohol consumed was at private parties? Why is it almost completely ignored? I spoke to Officer Smithy about the increase in keg sales and he told me the department was unaware of the 100% increase of off-premise keg sales. They were unaware of it. Now everybody knows. Before you all assume I want to fill up my establishments with underage people, I guess I'm just here to say I want the legal ones back that I'm sure are consuming at least half of these kegs. Is the 19 ordinance working? The answer is yes if your goal is to reduce the amount of people in bars. The answer is no, a resounding no, if it's to reduce underage drinking, or the multiple other crimes that it's created. Um, what has all this enforcement accomplished? 500 future leaders of America now have criminal records. The 21 ordinance would have much, much worse results. Thanks. Champion: Mike, these are things we're going to need to look at (can't hear) this ordinance so keep track of them. Porter: What's that? Champion: These are things we're going to need when we reevaluate this ordinance. Porter: All right. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #4 Page 14 Lehman: Other public discussion? Item 5 are planning and zoning matters. Pfab: I think Holly wanted to... Berkowitz: Sorry. Lehman: Holly, go fight ahead. Berkowitz: Thank you. Holly Berkowitz, I'm running for Council. I just wanted to bring up a few issues that I'm focusing on and give you an idea of what I hope to accomplish and ask you if you can start working on those also. Um, I'm running to protect public rights, protect public health, reduce waste and waste flow, to revitalize the downtown mall, especially the Old Capital Mall, um, and the south side. Um, I would like to see a botanical garden in the Old Capital Mall with water fountains and um, water falls. I'd like to see a science museum in that mall with exhibits in the stores. And I'd like to um, see the um, Iowa City work with the school district in making Iowa City a partner in education because I really believe that that environment shapes behavior and it shapes genetics and I think the city needs to take a leading role in that with the schools and the university and the colleges in this area and a highly educated population. Um, I guess the thing that really inspired me to run for Council was to protect the people of Iowa City from the Patriot Act, from the threat of unending wars, and from possible Armageddon. As you know the Bush administration has been pushing for nuclear facilities even though it violates international treaties, and urn, we've talked about this before in the peace discussions where many on the Council do not feel it's the place of the city to tell the federal government what to do. On the contrary, I think the City of Iowa City has a responsibility to tell the federal government, the Bush administration especially, that they are violating international laws and moral laws, and treaties, and acting in a belligerent way that endangers everybody in Iowa City, and so I would ask the City of Iowa City to draw up a resolution to correct the invasive unconstitutional sections of the Patriot Acts one and two. Do you have any questions? Karmer: Just a comment, that reading the library minutes, library board minutes, they also have great concern with the Patriot Act and I think that's something that they're wrestling with and have great concern because it effects them directly. Berkowitz: Exactly, and what I guess I didn't catch this in the beginning, but it opens up the rights of the federal government or investigators to do searches on dissidents who are protesting constitutionally, I mean it's a This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #4 Page 15 constitutional right to protest something that the government is doing. But the Patriot Act gives the goverament the authority to do secret searches on those people and to arrest them for expressing their point of view. This is too much! Thank you. Lehman: Thank you, Holly. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #6 Page 16 ITEM 6. THE IOWA CITY HOUSING AUTHORITY AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). Lehman: Public hearing is open. Public hearing is closed. I'm sorry. Kart: Motion to accept correspondence. Wilbum: Motion to accept correspondence. Lehman: A motion to accept correspondence. Vanderhoef: Second. Lehman: A second. All in favor? Motion carries. Wilburn: Move to adopt the resolution. O'Donnell: Second. Lehman: Moved by Wilbum, second by O'Donnell. Discussion? Pfab: I'd like to, for the sake of public information, I would like to have Steve or whoever is going to explain, explain what the item is about in general terms and then so it's available for public. Rackis: The community service? This is a HUD mandated program that had its impedance in 1998. It was a plan that was devised and enacted in 1998 but due to HUD failure to issue regulations and one year appropriation prohibiting its implementation, nothing really happened with it until this year and I believe the communication came down in April that this requirement was to be put back into the public housing program. Quite frankly I thought I would be here tonight to tell you to strike it from your agenda because there was some activity with the, at the federal level to remove the community service requirements so that is something that is currently being debated, but right now housing authorities that do have public housing components are being required to enact this community service requirement. Pfab: So you're saying at the federal level it is in jeopardy? Rackis: Yea, there is still debate at the federal level in at least the House of Representatives discussing the issue of having the community service requirement. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #6 Page l7 Pfab: Here's a couple sentences. Can you explain what that is? Rackis: Well, what it is is essentially saying that any able-bodied adult that is living in a public housing unit if they are not otherwise working or participating in another self-sufficiency activity, is required to perform 8 hours of community service per month. Pfab: So when you talk about other programs of self-sufficiency, for instance what? Rackis: Well for example there is the joint program called 'Promise Jobs', the state welfare reform program that is jointly implemented by Iowa Work Force Development, and primarily community colleges in the state for participants receiving family investment program dollars. So if somebody is participating in the 'Promise Jobs' program, they would be exempt. If somebody was participating in our own self-sufficiency program they would be exempt from the community service requirement. Pfab: Okay. My main interest was the next one. Kanner: But I did have a question about this one. Pfab: Go ahead. Kanner: Steve, briefly what are the arguments that are being made in the House to oppose requiring this? Rackis: Well I think that because other programs, other federal programs like the TANF Temporary Assistance for Needy Families does not have a community service requirement. The Section 8 home voucher program that we operate does not have a community service component and it's actually Representative Meeks out of New York that introduced some legislation addressing why target persons that are in public housing and felt that it wasn't being implemented fairly across the board in all federal programs. Kanner: Hopefully that will get passed because I think it's a problem where we don't pay people decent wages for some of these things. Um, that this will be eliminated but if we don't vote for it, that means we're in jeopardy for losing our funding for Section 8 vouchers? Or for public housing? Rackis: I don't know what impact it would have on funding. It is just a mandatory requirement that we are to implement. I'm not sure what the jeopardy would be. I think what we've tried to do is um, implement it in a fair This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #6 Page l8 and reasonable fashion where we are looking at if people are working 20 hours a week, we consider that to be in compliance. HUD was recommending 32 hours a week but there's a lot of people that 20 hours a week because of their social security might be all they can work. Certainly families that have persons with disabilities, elderly are exempt. You know we actually looked at our public housing population and really determined a policy that would have, um impact only those people who were able-bodied and otherwise not working, and really trying to help people who are working and doing their best to not extend the requirement to them. Karmer: So then you're not sure if we would lose funding if we voted this down and took this out as a requirement? Rackis: I'm not sure because again, it is a HUD mandated requirement. I'm not sure what their reaction to you voting not to include it in our admissions plan would be. Champion: We're not going to test it. Lehman: We're not going to test it, right. Pfab: I have another question. At what point, the discussion came up about helping with childcare for other people, or how did that work out? Rackis: Well that would be under the next, Interim Policy. Pfab: Okay. Rackis: Actually what we're doing with our interim reexam policies is making a change that instead of processing every increase in earned income, we are choosing not to do that until an annual reexamination. We are not providing childcare benefits, or transportation benefits. It's our belief that if somebody gets a job or gets a raise on a job, instead of recalculating what their portion of the rent is, that the money that they have earned from the job or the increases that they would be able to use that money for the child care expenses that might be required because of work that might help them with the transportation to get to and from work, and we certainly did a lot of research on other studies that suggest that that's exactly what people do if they have that additional income, they translate that into job related expenses. Sowe are not providing childcare assistance. It's our hope that they'll take the increase in dollars and that will be one component they could use it for. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #6 Page 19 Pfab: The other thing is, the change is, there's two parts. You reassess any time job opportunities are lost or inability to work. You adjust that immediately. And previously, I'm asking you this, and previously you also used to readjust you had previously readjusted every time there was an increase. Rackis: Yes. Pfab: And now you're going to say 'once a year' and that's it. Rackis: Once a year. We are required once a year to do it. We are required to process decreases. It was optional to process increases. Pfab: I'm going to go back one more time. On this, was there volunteer childcare for other people. Was that a community service? Was that something that was ........ that was not. Rackis: No. Pfab: Okay. I had heard it and I wasn't sure. Thank you for clarifying. Rackis: No problem. Kanner: Let me just follow up on that. You're saying if someone does childcare, let's say they're at home in public housing and they have two kids and they take someone else's kid in to watch them, would you qualify that as community service? Or if they went and pick someone's kids or someone else up? Rackis: Well the community service is defined as the performance of voluntary work or duties that are a public benefit and serve to improve the quality of life, enhance resident's self-sufficiency or increase resident's responsibility in the community. I think we're looking at perhaps people helping with free lunches; people helping volunteering at homeless shelters, volunteering at anywhere someone might be able to get a free lunch. Perhaps anything that is a public service type of activity or where there are groups looking for volunteers to help out with various programs would be considered community service. Vanderhoefi So daycare ~vould be one of the places where they could volunteer. Kanner: Well certainly it seems obvious community service, we recognize formal institutions where people go but I think when people help out their neighbors in many ways that's a bigger community service. It develops community which is very powerful (tape ends) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #6 Page 20 Kanner: I look at that and say um, yeah we'll consider that your community service, two or four hours or whatever amount that you do for that. Rackis: Well we're certainly going to evaluate it on a case by case basis, and actually we've created more of a coupon-type of book where people can keep track of where they have provided their community service, get somebody to sign off you know a supervisor or director of whatever program, and uh we'd be requiring them just to bring that at their annual reexamination to just verify that they have performed their community service. Vanderhoefi Steve, what do you anticipate staff time to do this new uh review of the services? Rackis: Well uh we have 94 public housing units and one public housing coordinator. So it's her time, uh and that's why we've tried to you know in cases of persons with disabilities to do self-certification that they are disabled and cannot work or cannot perform. That's why we created the coupon book. More of a self-certification. We really don't have the time to go out and try to you know develop conunnnity service sites to follow the people and take them there. We're going to use the ..... we have a community resource directory. We mailed that out to people that have various agencies that are looking for volunteers. We've provided information on United Way and United Way agencies, and uh really trying to meet uh meet the intent of the law in the best fashion that we can. Vanderhoef: And your recourse ........... when you do a review of someone's coupon book, shall we say, what recourse do you have if they have not met their obligation? Rackis: I believe we could proceed with termination from the program and if we are proceeding with termination there's really a two-step. There's an informal hearing process and then a formal heating process so if somebody wasn't in compliance they would certainly have a lot of opportunity to get back into compliance with the program. Kanner: Steve, last I heard was that there was a movement to fund Section 8 at the same level as previous years. Is that true? Rackis: Actually I believe there's more of a reduction on the national level in terms of the funding going to the Section 8 home voucher program. There's been readjustments on how the administrative fees that are calculated, and I believe I just got notification earlier this week, I believe for the State of Iowa, for the administrative fees the actual This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #6 Page 21 dollars used to manage the programs. The State of Iowa may be looking at a 34% reduction in the amount of fimding from this fiscal year from the past. Pfab: Did you say 34%? Rackis: 34%. Pfab: Phew. Kanner: And that means you would have to cut back your administrative staff if that goes through? Rackis: No, I don't believe so. Not at this point. I think we're looking pretty solid at the funding levels as we are, we're actually replacing. We've had two vacancies so we're replacing people that would be coming in at the entry level. I'm not ........... I really haven't assessed the impact on us yet but I believe that with the reserves that we would have available to us that it would have you know a minimal impact at this point. It's hard to say because I don't think they've marked up the final bills and have really settled in on what the funding is going to be yet. Kanner: And the state grant proposal block grant to replace direct to the locals is....I heard is maybe dead? Rackis: Yea, the housing assistance for needy families kind of mirroring what happened with the DHS programs has been tabled this year and is not an issue in this budget cycle. That's not to say it can't come back. Karmer: That was the national ................. Lehman: Really, really, really getting off the topic here folks. I just got the eye from the person in charge. We need to address what is on the agenda, not housing issues generally. Is there other discussion? Pfab: One quick comment. My reason for questioning you was not whether, to judge you whether you're doing a good job or not, that wasn't the point. I think it was you had a great chance to inform the public and inform the rest of us here so I appreciate it. Rackis: Thank you. Lehman: Thank you, Steve. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #8 Page 22 ITEM 8. CONVEYANCE OF 1926 BRAODWAY STREET AND 1946 BROADWAY STREET O HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) BY AMENDING THE REAL ESTATE CONTRACT EXECUTED ON NOVEMBER 21, 1995, FOR THE SALE OF 1926 BROADWAY STREET AND 1946 BROADWAY STREET. (1) PUBLIC HEARING Lehman: Public hearing is open. Public hearing is closed. (2) CONSIDER RESOLUTION AUTHORIZING Lehman: Do we have a motion? O'Donnell: So moved. Pfab: Second. Lehman: Moved by O'Donnell; second by Pfab. Actually what this does it reduces the interest rate. Wilburn: Point of information. Is this their home contract? Lehman: Yes it is, I'm sorry. Wilbum: I need to recluse myself from this discussion, it involves community development block grant and home funds which I have a conflict of interest because I work for an organization which receives those funds. Vanderhoef: And besides it won't take long. Lehman: What this action does is reduce the interest rates that HACAP is paying for that property from 7% per year to 5.5% per year with a balloon payment due October 1, 2008, so it covers a 5-year period. Discussion? Roll call. Vote is 6-0 with Wilburn abstaining. Is that the right term? He didn't really abstain. Dilkes: Abstain due to a conflict of interest. Lehman: Due to that ..... okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #9 Page 23 ITEM 9. CONSIDER AN ORDINANCE REPLEALING TITLE 6, "PUBLIC HEALTH AND SAFETY," CHAPTER 1, "NUISANCES," SECTION 2, "PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED," SUBSECTION (Q), "VEHICLES ILLEGALLY PARKED, STORED, PLACED, OR KEPT ON PRIVATE PROPERTY."(FIRST CONSIDERATION). Wilburn: Move to repeal the ordinance. Lehman: We have a motion to repeal by Wilbum. Champion: Second. Lehman: Second by Champion. Discussion? Roll call. Pfab: Okay, this takes the existing ......... Lehman: This removes the ordinance. Pfab: Okay, fine. Lehman: Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #10 Page24 ITEM 10. 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 EMPLOYEED AS SUCH BY THE CITY OF 1OWA CTIY WITHIN FIVE YEARS OF THE APPOINTMENT DATE SHALL NOT BE APPOINTED TO THE BOARD. (SECOND CONSIDERATION) Vanderhoef: I move that the role requiring that ordinance must be considered and voted on for passage at two council meetings prior to the meeting at which it this finally passed be suspended. That the second consideration and vote be waived and the ordinance be voted on for final passage at this time. O'Dormell: Second. Lehman: We have a motion and a second to expedite this. Discussion? Pfab: I don't see a reason to expedite this so I'm going to vote no. Kanner: Dee, what is the reason? Vanderhoef: The reason was staffwas asking it to be cleared up as soon as possible. Kart: I had requested expired action simply to remove it from your calendar as all of you had unanimously agreed to it the first reading. I just thought we'd take it from the calendar. I have no problem if you want to wait on it. Kanner: I'd rather wait. Vanderhoefi We were also appointing one that fits under this was the reason that I was looking at it. That we had ....... Karr: It does affect appointments in the future. I just thought it would clear it up. That's entirely up to you. Karmer: We did discuss this. O'Donnell: I think this is fine. We've been through this. Let's ...... Lelunan: Well it would certainly make a difference if we had an application that appeared prior to this. Anyway, those in favor of expediting .....roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #10 Page 25 Pfab: I change my vote to yes. Lehman: Motion carries. Vanderhoef: I move that the ordinance be finally adopted at this time. O'Donnell: Second. Lehman: Motion and second for final adoption. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #11 Page 26 ITEM 11. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT STREET TRANSPORTATION CENTER PROJECT. Lehman: On that project there were three bids received. An architect's estimate was $7,061,000. Low bid was received by Knutson Construction Services for $5,974,000 and public works engineering is recommending that the contract be awarded to Knutson Construction Company. Vanderhoef: Move the resolution. Wilbum: Second. Lehman: Moved by Vanderhoef, second by Wilbum. Discussion? Kanner: Again, I think it would be federal money better spent on other projects and I don't think we need more parking ramps downtown, especially four, five and six story ones which it appears we're going to be building so I'll vote against this. Vanderhoef: Well I'll be voting for this. This is a combination of a transportation center for cross country, for local, for Cambus, and it also has the childcare center that allows persons without cars or other kinds of transportation to bring children downtown with them when they come down to work. I'm very pleased with the bids that we got on this from Knutson Construction. We had sent it out with alternatives in addition to these because we were still waiting for dollars to come in from the federal government. Another $2.1 million is working it's way through approval at the federal level, but the number of dollars available at this point, we were told last night by Joe Fowler that we can do the first four levels with the dollars in hand, and hopefully within the next six months we will have the other dollars in hand which are bids for the alternatives, are held in place for six months, and they were also the low bid so I'm real excited about this. O'Donnell: I'm going to support this also. I believe we have a commitment for parking in this area of town. Um, there's many good things happening downtown now. The library expansion, the new hotel that Mark Moen is building, um, the Old Capital Center could rejuvenate and become very viable once again, so I think this is a good project and I will support it. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #11 Page 27 Lehman: Well I absolutely concur. This is part of a much, much larger puzzle and I think it's key to what's going to be happening in Iowa City for years to come. Roll call. Motion carries 6 to 1, Kanner voting the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #12 Page 28 ITEM 12. CONSIDER A RESOLUTION APPROVING FUNDING FOR DELUXE BAKERY FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANGER TO ACT AS THE CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Wilbum: Again I cannot participate in this discussion due to conflict of interest with community development block grant funds. Lehman: Thank you, Ross. Do we have a motion? Champion: Move. Lehman: Move by Champion. Vanderhoef: Second. Lehman: Second by Vanderhoef. Discussion? Pfab: Last evening at the work session I asked if there was any way to get any information regarding discussion we've had with lending CDBG money to uh private individuals, business, and I was hoping maybe we could get some more information. Lehman: We got it. It's in your packet. Karr: It's in your packet. Lehman: It was in your envelope. Pfab: I apologize. Lehman: Well while you're looking for that let me just briefly explain what this is. This is the applicant in this case has procured a property, has received financing from a local bank for the repayment of the mortgage on that property, has received partial funding for the operation of a business on that property. The property is located in a residential zone. It is a, it can be operated as a business through, actually it's a non-conforming use but it's grandfathered in. The use of the $15,000 as recommended by the Economic Development Committee will be used to enhance the appearance of this property. I think make it fit in better with the historic neighborhood in which it is located, and I think certainly uh makes the whole operation a much, much better operation. It supports This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #12 Page 29 the neighborhood, which I think is very important, in as well as it supports the project itself. O'Donnell: I agree. Lehman: We did determine a 3% loan rate on this because in our opinion the applicant has the ability to repay the money. We originally were asked for a grant. We believe that the applicant, and the applicant has indicated, the ability to repay us so rather than granting the money and have it gone, we will receive repayment over, I believe, five years at 3% interest, and that money then can be turned around and lent to someone else so that's basically where we are. Champion: I want to commend the Economic Committee, Economic Development Committee. I think you've done a terrific job all year and I think this is a real positive thing for us to be involved in. Lehman: We were really impressed with the application. The person really did their homework, had I believe every "t' crossed and every "i" dotted, really I was very impressed with this applicant. Vanderhoef: I'm impressed with it and also uh, Iowa City is known for some uniqueness and I think this is just another unique nitch that will be a real positive thing for the neighborhood and for the community. Certainly this is not only a drop in, this is a catering and order kind of bakery so it's an experienced owner as far as chef and has the enthusiasm and youth to move forward in a private business, and I'm real pleased to offer this. Lehman: Irvin, did you see the memo on this? Is that answer your ......... Pfab: Yes. Lehman: Steven? Kanner: Um, couple things. One, in terms of getting, supporting small businesses, this is good. Um, and one thing, I mentioned this before, and hopefully when we lo0k at the zoning code update which our staff and Plaiming and Zoning is looking at right now, we'll keep this in mind that it's a positive thing to have a certain amount of small businesses in certain neighborhoods and I think we want to encourage some of that because as you mentioned, Ernie, this is a grand parented in property and if it changes from a business to residential it can't go back to business ever. It would lose that space. It's a nice space there down by Connie, and I live around the block. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #12 Page 30 Champion: I know it. I'm going to get fat when she opens (laughter). Lehman: Well you know the applicant ............ if you have any questions the young woman is here who made the application for her. Champion: I've also tasted her products so believe me its ........ Lehman: Well again, we were very impressed with your ............ Powers: They're all fat free products. Lehman: Yeah, fight (laughter). Vanderhoef: If we eat them standing up. Lehman: And I'm not going to tell anybody that you bribed the Committee with two of the best muffins I have ever eaten (laughter). O'Donnell: I'd like to hear more about that. Kanner: In regards to Irvin's concerns yesterday, I think it would be valid to have discussion on where the line is drawn, even though CDBG regulations say that this money that we're loaning or can grant is to promote jobs for people that are low and moderate income. The only requirement is that it has to be open to them, and we might want to have a discussion at a later time to see where do we draw that line exactly. I think that was perhaps some of the concern that Irvin was getting at, and it might be appropriate to see do we want to make it only loans for people at a certain income, and grants another way, or do we want to um uh say uh for profit is different from non profit, or that it has to go to someone who is a low income person. We can make more stringent requirements than the CDBG required. So it's something that I would ask that we look at at a future date. Lehman: Steven, let me just ............... I'm sorry, go ahead. Vanderhoef: 1 would like to answer in response to this right now. This is a very unique business and uh it's work intensive and it needs certain skill sets to do the job so if we're supporting small business these people have to have a certain kind of employee to do the job and they need some leeway. It doesn't exclude and certainly we would encourage someone who was of low income but you also have to have someone who can handle the job and whoever applies then I presume you chose the best one that you think will work best with you and for your purpose. Powers: Correct. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #12 Page 31 Vanderhoef: So it isn't like a bigger organization where you are creating twenty jobs and we say three jobs are being included in this that must go to low income or moderate income. But in this tiny business where they're creating one, we had a previous applicant at The Rack, there again it was ifI remember right, it was two jobs there, one or two jobs. So depending on whether they're going to be a cook or whether they were going to be a waitress, might make a huge big difference. Kanner: I'm going to support that I lean towards but I think we might want to look at maybe we want to give that to subsidize the wages of someone who's low income in the future as opposed to a grant or loan for remodeling, or for training someone who's low income that doesn't have the skills that are necessary for a higher paying job, and we maybe want to work with Kirkwood. I know that in the Economic Development Committee you've looked at some of those things so that might be the route where we want to funnel some money to help train them and give them the skills. Vanderhoef: Job training ........ uhhuh. Lehman: Steve, I think in all fairness, then we probably should move on, but I believe you know we can only deal with applications that we get and certainly the things you are suggesting are possibilities and we can only deal with those that we receive, and I think we have talked about job training. We have talked about other issues when those come forward we certainly would be interested in discussing it. Relative to the interest rate, and I know you mentioned this too, obviously it's a recommendation from the Committee as far as the interest rate is concerned. My personal feeling as a member of the Committee is that whenever it is possible for the applicant to repay the money with interest, it's our responsibility as public servants to protect the money and reuse that money for other folks, such as the applicant here and so the mount of interest I believe is something that the Committee probably will decide based on the risk and the ability to pay. If there is no ability to pay we still think it's a wonderful project. We might very well recommend the grant, or no interest. And I think it's very ...... these really need to be dealt with on an individual basis. We need to look at the, this particular one I thought was extremely well done uh obviously I think there is the ability but this is definitely a tremendous benefit I believe to the applicant as well as to the neighborhood. To me it just fits so well because our concern with neighborhoods, our concern with historic neighborhoods in particular, enhancing the exterior of this property enhances the entire neighborhood, as well as I believe enhances the ability of the business to succeed which is why we did what we did. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #12 Page 32 O'Donnell: Putting all this aside, I want to wish you good luck and I think you'll be a welcome addition to that area and I'll certainly enjoy you being there. Powers: Thank you very much, and .............. Pfab: One comment. The comments that I made had nothing to do with the idea, the location or the applicant. I think there ....... the process that we use was the only thing that I questioned. I was aware of your project and I'm delighted. I hope I don't live too close ....... I hope I'm far enough away that I don't. 'Cause I've got a problem already (laughter). It looks awfully good! So I wish you well! Powers: Thank you. Letunan: Thank you for applying and we all wish you well. Powers: Thank you and I would like to say thank you for the City's support. It's been a positive experience for me working with all different aspects of the City and thank you, I really appreciate it. manner: You're welcome. Lehman: Roll call. Motion carries 6-0 with one person abstaining because of a conflict. We are going to take about a seven-minute break. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #13 Page 33 ITEM 13. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 94-309 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION MODIFYING THE COMPOSITION OF A SENIOR CENTER COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS AND AUTHORITY OF SAID COMMISSION. Champion: Move the resolution. Wilbum: Second. Lehman: Moved by Champion, second by Wilburn. Discussion? Champion: I'd like to add ...... I'd like to amend this resolution. I really feel we should have someone from outside the city limits on this commission, someone from Johnson County, so I'd like to amend that the at-large member be selected from outside the city limits and be an eligible voter in Johnson County. Lehman: Do we have a second? Vanderhoef: Second. Lehman: We have a motion and a second to amend it so that the seventh member of the commission who would be appointed by the commission itself, would be required to be a resident of Johnson County and elector, not, is that correct word? Eligible from outside the city, okay. Discussion on the amendment? Champion: Is that a problem for the commission? Honohan: No (from audience) Lehman: All in favor of the amendment signify by saying "aye". Opposed? The amendment carries. Discussion on the motion as amended? Kanner: Um, are you going to offer your other amendments? Champion: We'd like that amendment but we didn't formally discuss it at the Rules Committee so we really are not going to offer it. Dilkes: And we're on the resolution now, not the bylaws so there weren't any other amendments for the resolution discussed by the Rules Committee anyway. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #13 Page 34 Champion: Right, right. Kanner: But, Marian, didn't you say it was in regard, as far as non-registered voter? Karr: That would be eligible elector. She took care ........ that took care oftwo things. From qualified to eligible and Johnson County, non-city. Lehman: Right. Kanner: I missed the eligible part. But I would like to offer another amendment to this. I'd like to propose that um any public government entity that contributes $50,000 or more through the operation or the capital fund for the Senior Center be allowed to um appoint one member to the Senior Center Commission. Lehman: Is there a second to that amendment? Pfab: I'i1 second it per discussion first. Lehman: Okay, discussion on the proposed amendment? Kanner: As I mentioned ................. Dilkes: I'm sorry, Steven, I missed the any, any what what that provides $50,000? Kanner: Public government entity as opposed to a private individual or private group. Um, as I mentioned yesterday, I think we want to see the Senior Center grow in its connections to other government entities and other people around the county. It is seen as a county entity. We still have substantial support from the county even though they did cut back I believe almost in half what they were contributing from previous years. But I still think it warrants their appointing an individual. It adds a lot to the commission. It gives another point of view that I found refreshing over the years that I've been reading the minutes from the Senior Commission up to the current time even 'til very recently. So I think it behooves us to let those people be part of the conmfission in a formal fashion. Dilkes: One more question. Is that $50,000 annually? Kanner: Annually. Lehman: Jay, would you like to speak to that? It appears that you might. Honohan: Yes I would. Jay Honohan, I'm a member of the Senior Center commission. I guess the first problem I would see would....see this is This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #13 Page 35 that would make it the way the county is funding us right now and they are the only one funding that way. A one year appointment because the county is in the position now of doing us each year on a whatever they feel like basis. We have no guarantee that we will get any money from the county next year. We might get $40,000. We might get $60,000. We might get the $75,000 again. Are we going to have a one-year appointment? I don't think that's feasible. I think we are reaching out to the county and to Coralville and uh by the ability to appoint someone. Now we're still working for someone outside the city limits. We're still, I have overtures about trying to form a new 28E agreement. If we got a new 28E agreement which guaranteed funding, and I have suggested for three years, then we'd probably come back to the Council to make a change in the commission membership. But at the present time since we're on a string more or tess from the county, this doesn't seem feasible to me and particularly since it would amount to just a one year appointment. Vanderhoefi Well the other thing that strikes me on this is depending on when you would get notification, how do we budget uh if we're setting our budget and we don't know whether we're getting any then it means constantly readjusting the budget if somebody gives us $50,000 or whatever number we might choose after the fact. So that would happen and we wouldn't know how many commission members we would be having until after that money was committed. So I like the 28E agreement possibility a whole lot more because that's the way we can truly function efficiently within the community center. It could well determine staffing. Staffing might have to go up and down depending on each year on how many dollars were given to us by an outside agency. Lehman: Well all of those things could be dealt with. I tend to agree with Jay's comment. I think if the county or Coralville, or North Liberty or anybody chooses to offer us a significant amount of money, we'd certainly would, I would imagine you would entertain a 28E agreement which would give them representation on our commission, but that's not an issue right now because nobody is offering us this significant amount of money. Champion: I think it would be a good idea to let the county know cause they're the only ones we've ever had a 28E agreement with, with the Senior Center, urn, that that's open, that they would have representation on the commission with a 28E agreement. Honohan: We haven't done that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #13 Page 36 Champion: All right, good. Vanderhoefi So, as long as it's put into the 28E agreement that they will have representation that they will appoint ........ Lehman: That would require us to change it again. Vanderhoefi Uh-huh. Lehman: And it would come back to us obviously. Honohan: That's correct. Pfab: I have a question. Since some of this is in a state of flux and this ........ wait a second ...... and I'm very uncomfortable because I think we're seeing a very successful operation, an operation that became very successful, became widely known, and well known, but I think that was because it had an expansion mode. I see this bringing and attracting and becoming maybe more exclusive, which I'm not sure is quite what we want or the impression we want to give. So the question that I'm going to ask you, Jay, is this, does this have to be dealt with immediately? We're talking about a possible 28E agreement that you are working with. The county has put $50,000 of funds in it and I think it's a lot easier to have them keep funding it by having representation on it. This thing just does not go down well with me at all. Honohan: I'll respond to one of your questions, Irvin. It was the county that terminated the three members of the commission. They terminated them at the first of July. They told one of the members that her term had expired and she would not be reappointed because the county was not reappointing. One of the members resigned and they chose not to fill that because the 28E agreement had been terminated, and they wrote the third member whose term had not expired, a letter telling her because the 28E agreement was terminated. The county no longer had appointees on the commission. So we are now left with six members. The reason for the seventh member is we need, we have had one vote where I was forced to cast a vote and I wasn't sure which way I wanted to vote, but I voted for it so it would not fail three to three. We need a seventh member and we need it right now. Pfab: Well what would be wrong with the City appointing a seventh member? Champion: No. Lehman: Well that's another issue. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #13 Page 37 Dilkes: We don't have a ............ we have a resolution that establishes a nine person Senior Center Commission. We need to somehow identify what the makeup of the Commission is. If we don't do something, they've got a nine-member commission and need six for a quorum and you know have the tie vote issue. So we need to somehow fix this situation. Pfab: Why not just appoint three more members? Champion: Oh can we just vote. Dilkes: Well I think the current resolution provides that the county makes those appointments, not that the city makes those appointments. Pfab: Does it state in there that they have to be made by the ........... Dilkes: I believe so, yes. O'Donnell: It was important to me, Jay, that we had some rural representation on here and Connie's amendment answers that question for me so I'm comfortable with this. Lehman: Well we are dealing with the amendment right now which indicates, Steven's amendment is that any governmental entity that contributes $50,000 a year or more would be entitled to a representation on the commission. All those ............. Karmer: A couple things ........... uh, Jay, first thing in regards to a one year term, one year that's a long time for a lot of people and I think you could have a lot of involvement from that one person if it happens to be only one year. Dee, as Ernie said I think the details could be worked out on that. You can set deadlines of when that entity would have to give that money, and hopefully we would get to the point where we would have a 28E agreement but this is saying 'we as an entity, as a city council, we want to invite other people to be part in this fashion, we want you to be part of the decision-making'. As Irvin said, it's an expanding type of amendment. And Mike, I need clarification, did we say it has to be a rural member or could it be a member anywhere outside of Iowa City, the seventh city? Champion: Outside of Iowa City. O'Donnell: Outside of Iowa City. Kanner: So it doesn't have to necessarily be a rural member, it could be Coralville. So we're still not ............ actually it might be a good idea to get rural This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #13 Page 38 representation since we...surveys show that about 14% of the usage is by Johnson County rural residents? Honohan: 11%. Kanner: 11%, okay. Lehman: Well and this would be giving one-seventh of the voice, that's I4%, so the representation would be slightly greater than that participation. Karmer: Not the rural. Lehman: Outside of Iowa City participation. That's who this person is appointed from. Kanner: Yeah, but as far as rural ................. O'Donnell: It could be rural though, Steven. Kanner: It could be yeah, but it's not necessary. Lehman: Other discussion on the amendments? All in favor of the amendment signify by saying "aye". Okay, I think I'll oppose signify by same sign. I sense that it is a 4 to 3 vote. (call for show of hands) All those in favor please indicate by raising their right hands. I'm sorry? I see two votes in the affirmative, Mr. Kanner and Mr. Pfab. Those in the negative? There are five. The amendment is defeated. Now ...... Kanner: Irvin, we lost the vote there. Lehman: Discussion of the motion as it has been amended, as it was for the first amendment? I do see where it really is imperative that that not be an even number commission, and I do think you are in a situation right now where you almost cannot operate. Because you are a nine- member commission, it takes six to have a quorum and you only have six, and it just appears to me that this resolution solves a lot of problems and I personally support it and I'd like to move forward with it. Is there anybody else who'd like to vote? Dilkes: Five to have a quorum. I misspoke. Lehman: All right. Honohan: But we did have one meeting that we could not get together because we couldn't raise five. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #13 Page 39 Lehman: All right. Champion: Oh you do need a change. Lehman: Roll call. The motion carries 5 to 2, Kanner and Pfab voting in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #14 Page 40 ITEM 14. CONSIDER A RESOLUTION APPROVING BY-LAWS OF THE SENIOR CENTER COMMISSION. O'Dormell: So moved. Lehman: By O'Donnell. Wilbum: Second. Lehman: Second by Wilbum. Discussion: Karmer: I had a question in regards to quorums and voting actually. I think it was in here. Um, is it typical of our other commissions that if there is a quorum you only need, it's item 4.4, that votes from the majority of those present shall be sufficient to pass any items brought before the commission. This is. different from the City Council. Is that typical of our other commissions in the same fashion? Dilkes: Yes, I've seen it in other commissions. For instance, I think historic preservation; we've dealt with that there. I think it is fairly typical. Kanner: The ones that we have mandated by state law to a certain extent, do those usually require that it has be a majority of all the members of a commission, not just the quorum? Dilkes: No, there's a provision in the state code only with respect to the City Council. Kanner: Only for the Council, okay. Thank you. Lehman: Other discussion? Roll call. Pfab: No. Karmer: I ~vould like to ask Irvin why you're voting no on this. Pfab: Well, where it's leading to. Kanner: Okay. Pfab: That's my only reason. Lehman: Motion carries 6 to 1, Pfab voting in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #20 Page 41 ITEM 20. CITY COUNCIL INFORMATION. Lehman: Irvin? Connie? Champion: Well, I know I mentioned last night I guess I'd like to know if we want to put this on a work session or if we just would like some information of why we took the slogan off"to serve and protect" off of our police cars. I don't know if anyone is interested in that or not. Atkins: You know, Connie, it had been on at one time. Champion: I know. Atkins: I don't think it was anything skulldugerous or whatever (laughter), uh, I... um RJ was gone today and I believe tomorrow. I will ask him about it. I don't think there's anything other than the logo that was selected may be too busy and they couldn't fit it in, and I just don't know, but I will get an answer on that. Lehman: Okay, you'll let us know. Atkins: Oh year, I'll get back to you on it. Champion: I think it's a good idea to do it .... to put it back on. Atkins: To protect and serve is what you're talking about. Champion: Whatever ........ right, I mean I don't have it in front of me but I know campus police have it on. Atkins: Yes. Champion: The other thing I wanted to say since it's early enough there might be a bunch of people watching, is that the shelter house is looking for people who are willing to do information coffees on the possibility of a new shelter, that will move the old shelter. It's not a second shelter. It will move the old shelter to a bigger area with space for families and children, and so if anybody is interested and has not been contacted about doing an information coffee, they should contact shelter house or contact me. Thank you. Lehman: Mike. O'Donnell: I just wanted to thank all four school board candidates that stepped forward to run. That's a fairly thankless job and mn takes a lot of This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #20 Page 42 qualities to have their job. And anybody who's turned on the television recently should understand that we're under siege of an election campaign going on. I just encourage everybody to listen to everything that's said. It is very important that it's great to be involved in the political process and understand fully what's being said and who's saying it. That's all. Lehman: Thank you. Dee? Vanderhoefi I have nothing unless we're going to do calendar when we're done with Council information. Lehman: Well, we'll do that when we get through. Wilbum: A few things here. Just a reminder this Friday night 6:30 the final Friday Night Concert (can't hear) come on down and have some fun. Saturday Iowa Woman's Music Festival at upper City Park so head on out and hear some good music and have some fun. I will be participating in the Leukemia and Lymphoma Society Light the Night Walk at City Park. I believe the walk starts at 6:30, the actual walk, but activities start at 5:30. And I was asked to let folks know that there is a group looking for volunteers to help conduct a biological and stream assessment of Old Man's Creek and Clear Creek on September 20th, that's a Saturday. One day before my birthday! (laughter) They're meeting at the Hills ballpark and you can contact Dave Ratliff at 337-4445 in the evening to find out information on how to do that. They'll give you training on how to help conduct the stream assessment. Lehman: Thank you. Steven? Kanner: A couple things, a few things. Steve, do we have the results from the election? Atkins: I went up and asked Jerry and apparently he can't raise it. He's listening to me now I suspect (laughter). He can't get it on the television set because of something to do with something to do with(laughter). I don't know. Kanner: You don't know then(laughter). Vanderhoef: (laughing) try the telephone, try the telephone! Atkins: I for sure don't know. Technologically I did the best explaining ......... never mind (laughter). This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #20 Page 43 Lehman: Okay. Champion: It's like my rabbit in the tree! Atkins: Yes] Kanner: Um, we have new signs out in front of what used to be known as our Civic Center and uh designating this place as City Hall, and I like that idea. I think there's a lot of tradition behind the name of city hall as the place where the public comes to do business in an open way. Pfab: I think the idea of city hall is a more mature name so I'm all for it. Lehman: God knows we're mature! (laughter) Kanner: A couple other things, in regards to we're having the development code update that's been going on, and as I mentioned yesterday, the Home Builder's Association wanted to be involved in the process, and Karin Franklin gave us a memo saying it is an open process, and I just want to ask that we make sure that we send out notices to a couple groups that take perhaps a different position. (can't hear) a local group that is looking at local issues might be interested in being part of this discussion. And there are local representatives ora group called 1,000 Friends of Iowa which is a pro-downtown and anti-sprawl organization, and so hopefully we'll keep them in touch. In regards to our minutes, I didn't get to bring this up yesterday, we had a PCRB report on complaint #3-01 from the 8/12, not the 8/12 minutes, I think it was 8/14 actually. But there was a concern with videotaping that took place in March 23rd, 2002, regarding a traffic accident and accused drank driving, and so reading from their concern, it says "There are several troublesome elements about the videotape which we feel ought to be explained." I should preface this by saying that the complaints were not sustained, brought by the complainant. But the PCRB who we heard from one of their members yesterday in a biannual report, said "There are several troublesome elements about the videotape which we feel ought to be explained. The videotape begins at 19:56, yet the arrest report indicates that the officer arrived at the scene at 19:41. A discrepancy of 15 minutes. The video camera was not aimed through the windshield at the scene. Instead it was aimed down at the hood of the car, thereby excluding the visual evidence from 21:01 until 21:16, a period of 15 minutes at the Public Safety Office. There's no sound on the tape and the screen is black. Audio/visual resume at the Public Safety Office at 21:16. There is no audio/video during the first 15 minutes of the incident, or during another 15 minutes while at the U of I Public Safety Office. The video This represents only.a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #20 Page 44 camera angle changed at 21:25." That was the gist of their comments. So I would appreciate uh Council asking the City Manager for a further response in regards to this comment. We also, there was a letter in the minutes, there was a report, on how the videotape thing operates from one of the police officers that regularly attends the meetings, and um we might want to discuss in general the idea of what happens with the videotaping. This is some small concern and I think it merits looking into a little more. Any thoughts on that? Lehman: Well, I'm sure, I don't know if you have, Steve, but I think I would draw that to RJ's attention. Atkins: Oh, I think we have answers for the thing, it was ...... you turn the thing on and it got bumped. There's a number of I think, I don't have the details, but if you'd like something more details, as long as it doesn't violate anything associated with PCRB, I have no trouble preparing that for you. Lehman: Well, I guess ............ Atkins: It's a matter of public record on their part asking, making the statements they have. O'Donnell: The PCRB has reviewed this? Atkins: Yes. Lehman: Yeah, and they made those comments, I assume that RJ has received those comments. Kanner: I made the comments ...... I'm fine with that. Pfab: Were you asking Steve for a report of how to, what the procedure was to turn the camera off?. Kanner: Well, some more details of why there were these gaps that weren't happening. We have some explanation by the officer in the minutes of why things go wrong, and if there's a systemic reason problem of why things go wrong I think we ought to know about it. That's one of the things that PCRB is there for, and this is a comment ....... it's hard for them to um sustain some of these issues for a number of reasons, but uh comments are one of the ways that they speak to us as a Council. I think it's important that we respond. Pfab: I'd support that, finding out ....... .just a report to the City Council. I'd appreciate that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #20 Page 45 Lehman: Personally, as far as I'm concerned, I would be comfortable with your discussing that with RJ. If there's anything that needs to come to us, fine. As far as I'm concerned him being aware of that is sufficient. Atkins: We've already discussed it. Lehman: All right, is there interest on the part of the Council proceeding with this any further? Wilburn: Is there anything wrong with individual Council Members approaching the Chief themselves if they want to have answers? Lehman: No, absolutely not. Pfab: That's information that I think is valuable to the public too so they can be aware of it. Atkins: That's a little different. If you want to have a private conversation with RJ, that's very much up to you all. Lehman: Sure. Atkins: If you want something prepared, which will certainly be released publicly, that's a different circumstance. (several members talking) Atkins: I think that's what you were suggesting. But I've heard the rest of you are not interested. Lehman: I don't sense that we're requesting something be released publicly, are we? How many people would like to see a public report? All right, we do not have enough. Steven, go ahead. Vanderhoef: What I would look just look at was just to review the process so that we don't have the accidents and the ......... no, I mean so that the cameras don't get .......... that kind of process. Lehman: I'm sure they are (several members talking). Vanderhoef: That's all. Lehman: Okay, go ahead Steven. Karmer: That's it. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #20 Page 46 Lehman: Okay, I have two things. Both of them on a much lighter note. One of the really, really neat events that occurs in this community every year, is the Annual Human Rights Awards Breakfast and this is, we have our Human Rights Commission and Heather Shank in particular spend an incredible amount of time putting together a really wonderful program. This year Dr. David Skorton, President of the University of Iowa, will be the keynote speaker. This will be held at the Wayne Richie Ballroom at the Union, 7:30 on Thursday, September 25th. Tickets are $15 per ticket, and can be purchased at the Information Desk here in the Civic Center. I have attended a number of these. They are wonderful, wonderful events and I would certainly encourage the public, along with the rest of the Council don't miss it! And on Saturday, and I believe Ross you indicated, I don't remember exactly what you said was happening Saturday, but there's another event Saturday that I have some kind of a passive involvement in. University of Iowa is playing Iowa State. (laughter) I read in the paper today that some Iowa State folks, or at least ball players, think this is the super bowl for the State of Iowa. The Mayor of Ames, Ted Tedasco, and myself communicated yesterday. Ted is a really, really neat guy, and although he would like very much to see his Cyclones win, he is going to be bitterly disappointed because I made a bet with him. The loser of that bet will wear, as I did last year, the jersey of the winning team. We're doing this because this is such a neat game for the State of Iowa. The State of Iowa wins on this ballgame, irregardless of which team wins, and we think that sometimes people take this game too seriously and it should be just a lot of fun. A great thing for the state so two weeks for tonight, Ted is going to be a black and gold or I'm going to be wearing red and gold, but ifI do it will be with a Hawkeye helmet! Anyway, should be a lot of fun. Steve? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #21 Page 47 ITEM 21. REPORT ON ITEMS FROM CITY STAFF Atkins: Top that! Lehman: Hey, top that will ya! (laughter) Atkins: I wanted to let you know that the University's Department of Public Safety and the Police met this morning. We have agreed to a traffic control plan. We'll be supplementing their efforts. Hopefully those issues are now resolved. Lehman: Thank you very much. Kanner: That means that we'll be paying overtime at the same rate as before, Atkins: Yes, our overtime will be paid. They have expanded their participation in the sense of covering more intersections for us and for the community. But we still have an out of pocket overtime cost. We've also, we did this today and did it rather quickly, it appears that not this Saturday but the following Saturday, the Arizona game is going to be a 5:00 kickoff. We have to resolve these things. It's a whole different kind of a day with respect to traffic control. We're expecting people to start showing up at 9:00. Unfortunately ........... Lehman: ..... or earlier. Atkins: Or earlier; that means all day long tailgating before the actual kickoff, and they are certainly going to need our help. Lehman: I really appreciate your prompt attention to that. I think the whole community does. Kanner: Ernie, I think we could have looked at other creative solutions. Perhaps parking lots offcampus with people paying .50 to take a city bus maybe. Lehman: We don't have the time to do that now. I think that's an issue that should be dealt with, and I absolutely agree that this is something we need to talk about but we're in the middle of a football season at this point. I think the public needs assurance that they will in fact be safe in their automobiles and the traffic will move smoothly and I really appreciate us getting this thing resolved, both for the people who live in this community and also for This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #21 Page 48 the University Athletic Department and the fans that come here from all over the state. Wilburn: Cambus also runs several busses that day. Dilkes: I think if Council wants to be involved in this decision you need to schedule a work session to discuss it. Kanner: I was going to say, Emie, perhaps then we could have a work session on this issue of how far the police go in supporting events, where are lines drawn. O'Donnell: I think we could set it for some time after the football and basketball seasons. Lehman: Put it on our pending list, Steve. I think it is an issue that we really do need to talk about. Timing is I think a little too short for this. Atkins: Okay. That's all I have, Sir. Lehman: Thank you, Sir. Eleanor? Marian? Karr: Are we going to discuss schedule? Lehman: Schedules ......... yes! O'Donnell: I thought we did that last week. Lehman: We didn't resolve one part of that. Karr: We've also had a couple Council Members want to revisit November. So just to recap, the way we left it when last we chatted, was we were going to have a combined work session formal on the l0th and then the 24th and 25th of November are regular work session and formal, and December was up for grabs. There was some interest and some discussion last night to adhere to the regular schedule and meet the 3rd and 4th of November, and the 17th and th - 18 , and just have an early out on Election Day November 4th. So do we want to reaffirm the November schedule before proceeding to December? Pfab: I have only one question, do we have a time for our combined one on November 10th? Karr: We won't until we know the schedule. Pfab: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #21 Page 49 Vanderhoef: I can do either the 3rd and 4th or the combined on the l0th. Champion: The 3rd and 4th, isn't that election? Kart: Yes. Lehman: 4th is Election Day. Champion: I thought we decided we're not going to meet ............. Lehman: Is there anybody who cannot do a combined meeting on the 10th? Champion: No, so what's the problem. Lehman: All right, then the l0th, 24th, 25th are still go, all right? Kart: Alright (several members agree) Vanderhoef: Okay then, with my schedule of travel, my preference would be to have December 1 and 2, and not the 15 / 16. Lehman: How would uh the 9th work? Vanderhoef: That's while I'm gone. That's right in the middle of it, and ........ Lehman: 15th work? Vanderhoef: I get home late on the 14th, after being gone for a long time so I would just as soon do it on 1 / 2. Champion: That's too early in the month to only have one meeting in December. O'Donnell: If you get home late on the 14th, take a nap (laughter). Champion: Take a nap! Vanderhoefi (laughing) take my phone off the hook and take a nap! Lehman: All right, tentatively December 15th and 16th with a pillow for Dee. Kanner: And you're not proposing a meeting on the lst or 2nd? (several members) No. Lehman: If the need comes up we can always schedule a special meeting. Karr: 14 and 2 weeks later, 28th; no that has not changed. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003. #21 Page 50 O'Donnell: And then double up on the 10th. Lehman: l0th we meet early, and 24th and 25th of November and December 15th would be the December meeting. Okay folks. Do we have a motion to adjourn? Motion. Second? All in favor. Motion carries. This meeting is adjourned. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 9, 2003.