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HomeMy WebLinkAbout2004-02-17 Transcription#2a Page 1 ITEM 2. MAYOR'S PROCLAMATION. a. Special Olympics Month - March Wilbum: Just for the viewer's sake, Mayor Lehman is in Washington, D.C., I believe, with the delegation talking to our reps out in Washington, D.C., so I'll be with you chairing the meeting tonight. Item 2, Mayor's Proclamation (reads proclamation). Karr: Here to accept is Joyce Rossie, Member of the Board of Directors and our Special Olympians. Rossie: We have several athletes with us here tonight who would like to accept this proclamation. We have Jared Countryman, Chris Hartgrave, Richard Huffman, Charlie Thompson, Brandon Clark, Gary Anderson, Derik Hotka, Eliana Fieldman, and their Coach, John Meskimen. The mid-~vinter tournament is held... (applause by audience) We would like to thank the Council for again making March Special Olympics Month. March l0th, excuse me, March 20~h of this year, we will be holding our mid-winter tournament at the University of Iowa Fieldhouse. They will be competing in basketball, basketball skills, cheerleading, and gymnastics, and power lifting. We will have our banquet on the 19th and as a fundraiser for this event, we have a Steve Allford golf tournament. The funds provided from that support our athletes for an overnight stay, and all their meals while they are here in Iowa City. Our committee would like to thank this Council again for recognizing all of our athletes, and making March Special Olympics Month. Without the support of the community, volunteers, area businesses that have given so generously to our cause, we would not be able to have the successful events that ~ve have had. Thank you very much. (applause) Wilburn: Thank you. A couple of them have some good hardware there. It's uice to see some good athletes. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #2b Page 2 ITEM 2. MAYOR'S PROCLAMATION. b. Red Cross Month - March Wilburn: (reads proclamation) Karr: Here to accept the proclamation is Board Member, Dr. Kim Johnson. (applause) Johnson: March is Red Cross Month, a time when we like to recognize everyone in the community who works with us to save lives. Thanks to the support from you and others in the community and with the essential help of more than 1,200 residents who generously volunteer their time through Red Cross. The Grant Wood Area Chapter has been able to accomplish a great deal this past year. For example, we provided immediate help to 349 eastern Iowans when disaster struck. We made our community a safer place to live by training over 25,000 people in essential life-saving skills, such as CPR, first aid, and water safety. We have passed 332 emergency communications between military personnel and their families when they were separated by military service. We have collected 5,951 units of blood, helping save countless lives. We have done this together -- Red Cross staff and volunteers, local agencies, businesses, donors, and community leaders. Thank you for helping Red Cross celebrate Red Cross Month. It's true together we can save a life. Thank you. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #3 Page 3 ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Regina Elementary Wilburn: Could Tom, John, and Kristen please come meet me up front here? I'm going to stand right here. This is a very important part of the meeting, and we appreciate your coming down to meet us. Your parents, your families, they all know what you've been up to, but it's important for us adults in the community to find out what you've been up to, to help out at your schools, with your friends, and in your neighborhoods and your communities so, I think you have some stories to share with us? Crompton: I was shocked. Why was I chosen as a good citizen? I just try to do what I learned back in Regina kindergarten: share, play fair, and help others. I listen and respect different ideas. I do my best with a positive attitude by completing homework and extra credit assignments, babysitting my little sister, and volunteering time for asthma studies at the hospital. On my soccer and basketball teams, and two bowling leagues, I have good sportsmanship and work well with others. One time when my little brother was in a body cast I slept on the floor for ten weeks so I could be next to him. Another time I walked downtown and gave some food coupons to a homeless person. I participate in Regina's community service projects. I sold chocolate at the Hawkeye football game and even the Coralridge Mall. Maybe next time I can set up a stand at a City Council meeting. (laughter) Also I am raising money for the Jump Rope for Heart this Friday. It's not too late to help the American Heart Association in case anyone would like to help. Thank you to my teachers at Regina, especially Miss Westercamp for nominating me. Thank you, Mayor Pro-Term Wilbum, for inviting me. Champion: What's your name? Crompton: John Crompton. Champion: Hi, John. Wilburn: John? Okay. Gaffey: Hello, my name is Kristen Gaffey. Thank you for this award. I am truly honored to have been nominated for it. I have two year's experience performing various community service activities. As an active and current member in 4H, of4H, I have volunteered with the Special Olympics, the Solon Nursing Home, and the fundraising activities of the pancake breakfast and fruit sale. At my school I volunteered at the Fall Fun Festival food tent with my parents, and I also helped with the playground cleaning and mulching in the fall. Again, thank you for this award. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #3 Page 4 Wilbum: Good j ob. Hamey: Hi, I'm Tom Hamey. I'm a 6th grader at Regina Elementary. I was nominated for this award because I don't get in trouble. I try not to get (can't hear). I get good grades, and I try to help others when they need help. I've been on our Student Council for two years as a representative, and this year as co-treasurer. I help my family by helping my parents, mowing our yard, and my grandma and grandpa's yard. I help my two brothers rake leaves and shovel at my great-grandma's. In my spare time I play baseball, watch baseball, go to my friends' house, or having them over. I enjoy playing the saxophone in our school band, and I'm in a bowling league. (applause) Wilbum: Good job. One of the things that Martin Luther King Jr. used to say, he had asked that one of life's most persistent and urgent questions is what are you doing for others, and it's clear that you all are doing that in your neighborhoods, and again, in your community. So we appreciate that, and I'm going to try and do my part now. We've got...okay, thank you. We've got a citizenship award for you. I'm going to read the first one, John's, they all say the same thing but they'll have your own names on them. Citizenship Award: for outstanding qualities of leadership within Regina Elementary as well as the conm2unity, and for his sense of responsibility and helpfulness to others, we recognize John Crompton as an outstanding student citizen. Your community is proud of you. Presented by the Iowa City City Council, February, 2004. Good job. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #4a Page 5 ITEM 4. SPECIAL PRESENTATION. a. Water Plant Presentation by H.R. Green Kan:: Mr. Mayor, if you'd like to stay out here for the next item. Wilbum: Ah. (laughter) Karr: We have a special presentation by H.R. Green. Dan Lovett, Vice President, is here to present the presentation. Lovett: About, I think it was November 22~,a of 1993, Howard Green Company was hired by the City of Iowa City to provide engineering services for planning and design of the new water treatment plant and all of the other associated improvements involved with it. And it's been a long, but very rewarding and fun ten years to see everything come to fruition. I just had dinner in town with my son tonight before the meeting, and it's amazing because 1 lived here in Iowa City and near Iowa City for several years, and it's amazing to taste the water now, compared to what it used to be (laughter), and so I think that the project has been a success. Anyway, as a very small token of our appreciation for the support that the City had, or showed, Howard R. Green Company, we took some aerial photos last fall, or last summer, of the treatment plant site and all of the other improvements, which would be the trail, and the former sand pit and wetlands, etc., out there, which is a wonderful facility which is going to serve this city for, you know, it'd be nice to come back here and look at it 30 or 40 years from now and see what it has grown into. But, as a token of our appreciation, I would like to give this to the City on behalf of our firm, and again, thank you for allowing us to work on this really exciting project that was, I think, good for both entities. So, thank you. (applause) Wilburu: Thank you. Very nice. I know we all appreciate the good water now. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #4b Page 6 ITEM 4. SPECIAL PRESENTATION. b. Mid American Energy Rebate Presentation Karr: We have a Mid American Energy Rebate presentation. Rick Leuthauser, Manager of Energy Efficiency, is here, and also Kevin Slutts, the City's Assistant Water Supervisor. Leuthanser: As Marian said, I'm Rick Leuthauser, Manger of Energy Efficiency for Mid American, and I know this Council has made a lot of important decisions related to the water treatment project, and one of the many wise decisions that was made was to install high-efficient equipment, variable speed drives, high-efficient HVAC equipment, and high-efficient lighting at the plant. And we would like to congratulate you on this very important project, and the decisions that you made, and we would like to present you with an incentive check, a rebate check, for making the decision to install high-efficient equipment. Champion: That's great. Wilbum: Thank you. Leuthauser: Mr. Mayor, on behalf of Mid American Energy, I'd like to present you ~vith this check for $113,713. Champion: Oh wow. Wilburn: That's pretty significant. (laughter and applause) Slutts: Yes, I'd like to thank...I worked through the rebate system that Mid American Energy had set up with us. We started talking rebates before the plant was even constructed, as we're looking at it, and then after we got moved in and we started to shake things down in the plant, and got familiar with all the equipment, I was able to go through and determine the different piece of equipment that would qualify for the rebate, with Mid American Energy's help. I'd like to thank John Fueling, here locally; Dick Walker, along with lots of other folks that helped me work through that whole system. And we had an idea that it would pay off pretty big for us, as far as the rebate check, we're going to continue to realize savings every month when we pay our bill using this equipment too. So, thank you. Leuthauser: Well we would like to congratulate Kevin and his staff. It's been a great project, great opportunity for us to work together, and do something positive for (can't hear). Wilbum: Win, win. Thank you, yeah. Thanks. Champion: You know, I would like to mention before we start the meeting that I had an energy audit done at my house by Mid America and I would encourage anybody who feels that their energy bills are too high, to call Mid America and have this done. It's free of charge. It was very informative, and it was a, it was just a really good thing to do, and I feel really good now about all the things I've done This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #4b Page 7 to keep my energy bill lower, but it's not Iow enough, but they can't help me with that. (laughter) But do it. Wilbum: All right. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #7b Page 8 ITEM 7. PLANNING AND ZONING MATTERS. b. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 1.26-ACRES OF PROPERTY FROM CENTRAL BUSINESS SUPPORT ZONE (CB-5) TO PUBLIC/CENTRAL BUSINESS SUPPORT ZONE (P/CB-5) FOR THE EAST HALF OF BLOCK 102 EXCEPT THE 301 SOUTH DUBUQUE STREET PROPERTY. (REZ03-00028) (SECOND CONSIDERATION) Champion: Move second consideration. Vanderhoefi Second. Wilbum: Moved by Champion; seconded by Vanderhoef. Discussion? Vanderhoef: This is the transportation center area. Wilbum: Roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #7d Page 9 ITEM 7. PLANNING AND ZONING MATTERS. d. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH-I, TO SENSITIVE AREAS OVERLAY (SAO/CH-1) FOR PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF HIGHWAY 1. (REZ03-00027) (DEFERRED FROM 2/3) (PASS AND ADOPT) Champion: Move adoption. Vanderhoef: Second. Wilbum: Moved by Champion; seconded by Vanderhoef. Discussion? And we did receive approval, in the process of receiving the wetland mitigation approval. Roll call. Motion carries 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #8 Page 10 ITEM 8. CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A PUBLIC HOUSING PROGRAM TENANT. O'Donnell: So moved. Wilburn: Moved by O'Donnell. Vanderhoef: Second. Wilbum: Seconded by Vanderhoef. Discussion? Champion: This is one of the nicest things that we get to vote on, giving somebody a home of their own. Well, not giving it to them but making it possible. Wilbum: There you go. Good thing to facilitate home ownership. Further discussion? Roll call. Motion carries 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 11 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," TO CREATE A UNIFORM PERMITTING PROCESS, TO ESTABLISH REQUIREMENTS FOR THE FARMERS MARKET, TO PROVIDE FOR THE NONCOMMERCIAL PLACEMENT OF OBJECTS IN CITY PLAZA ON A TEMPORARY BASIS, TO MODIFY THE PROVISION ON RESIDENTIAL PICKETING, TO CLARIFY THE CURRENT PROVISIONS REGULATING MOBILE VENDORS AND AMBULATORY VENDORS, TO CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING SAID VENDORS, AND TO MAKE ADDITIONAL NONSUBSTANTIVE CHANGES (SECOND CONSIDERATION) Vanderhoef: Move second consideration. Wilbum: Moved by Vanderhoefi O'Dormell: Second. Wilburn: Seconded by O'Donnell. Discussion? Bailey: Well, as I said before, I really support the amendments to this ordinance. I think they clarify, but I've had quite a few questions from citizens, and I'd like an opportunity to go through those questions so people can hear why we're making these amendments, or these changes, to this ordinance. And I do appreciate all the calls I received on this. I think it's wonderful that citizens are so interested in our community, and I think it's very important in these times when civil liberties are under attack, to really scrutinize changes in our ordinances, so I want to help people understand them, so I think we should just go through some of the questions that I've heard. Is that acceptable? And I know that others have received calls as well so maybe... Champion: Probably the same questions, but please go on. Bailey: Okay. I've had some questions about the exemptions to the ordinance and the legal basis for the exemptions. There are some funeral processions and some other items that are exempt in this ordinance, and can you just... Dilkes: Sure, there are really some pretty limited exemptions. They have different, there are different reasons for the different exemptions. I can give you a couple examples. Funeral processions are exempted. That's been in our City ordinance for years. This whole permitting process dates back to the 1960's. Funeral processions have been exempted for a long time. They're exempted in the International Municipal Lawyer's This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 12 Association draft, or model ordinance, that we relied on. I don't know why it was originally included in the ordinance. I can guess. You know, death is not a predictable event. You can't really plan for it. They do, I checked with the police department today, and they do receive notification from the funeral homes when there is going to be a funeral procession so that the traffic can be managed. That's one of the exemptions. Another exemption that we have added is for spontaneous events, and that was done in response to case law which suggests that when there's a spontaneous event and reaction to a news item, the outbreak of war for example, that there should be an exception for that kind of event in the permitting process. Um, them's, let's see, there's one for affiliated groups for the City and that's because we have a different method of...those are groups that are affiliated with the City so it's almost like the City's use of the property. We have other means by which we control that use of the property. And the, I think the last one, is groups of students and I think what we were envisioning, we found a similar exception in the IMLA-Law reference material but I think what we were envisioning is the kind of the buses that come from other communities with groups of students who might exceed that 25-person limit. Bailey: Okay. I've also had some questions about the City's interest in obtaining names and addresses of people who are featured in rallies or entertainment as speakers or entertainment, and this is part of the review of the application for the permit, and there was some concern about that. Dilkes: I think the concern there is that it could be, it could be used underhandedly to make a decision based on content. You know, who the entertainer is; who the speaker is. That was a concern that we had when we were going through the ordinance. In talking to the Parks and Rec Director, he was interested in having that provision be included because of experiences that he has had based on the entertainment that was provided at the event, as opposed to the sponsoring. And the example he gave us is he has in the past, and this has been some time ago, but he has in the past had entertainment that was part of an event in the park that didn't comply with our noise requirements so he would be interested in having that information. That kind of thing. I don't think it's...I mean if Council wanted to remove that, I don't think it's a huge issue, but that's where it came from. Champion: What would happen, just to follow up on that, if somebody who wasn't registered wanted to speak? Dilkes: Oh, it's not that you can only speak if you're identified as a speaker. It's just, for instance, if you have an organization that's sponsoring a group of performers, or a group of bands, or something like that, and you have had, and bands are identified that have been problematic in the past in terms of This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 13 compliance with our noise requirements, for instance. You would want to have that information in evaluating the permit. In some ways it would be important to have that information so that you did not, so you could perhaps work with the applicant about those specific problems, as opposed to denying the whole thing. But I don't....I talked again to the Parks and Recreation Director today, and he's not, it's not a huge issue for him. It's just he identified it as an issue when we were going through it. Elliott: And that could come out without a great deal...without many problems. Is that what you're saying? Dilkes: Yeah, I think so. Elliott: It seems to me that, particularly if there were a gathering to protest, that the perception is there. If we want to know the names of the people participating, the perception is that there is something other than being above-board. And I think often perception can become reality, and it could be negative. Champion: Are you making a motion to omit that part? Elliott: No, I'm not, but I think it's something we might want to consider, and I just wanted to clarify. You said that could be deleted without hampering things a great deal. Dilkes: I think it could...we might have to go back to the first reading to do it because it would be a substitute change. Elliott: No, I'm not moving at this time but I thought we need to be aware of it. Champion: I am going to move that. Wilbum: Move that? Champion: Move that we omit the part where they have to list the speakers and entertainment. Wilburn: Move to amend by deleting the... Champion: I can't remember the exact language. Dilkes: The language in the ordinance that requires as part of your application that you include the names of the entertainments or the speakers. Champion: That's what I said. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 14 Wilbum: Moved by Champion. Bailey: Second. Wilbum: Seconded by Bailey. Discussion? Champion: I don't think it's going to affect the ordinance that much and it does kind of make people think that we're going to allow these permits on whether we like this person or not, and I know the City would not do that, but I think you just need to get that perception out of there. And I don't think it's important to the ordinance at all. Dilkes: Now, I do have to make one point in response to that. The same thing could happen if we don't like the applicant. I mean, you will not, you cannot eliminate all improper applications of this. I mean, you could have the Ku Klux Klan coming and applying for a permit to use your streets and you know, there could be improper manipulation of the ordinance requirements in order to prevent that, for example. That would be improper and could be challenged but it's not something we can really draft against. Wilburn: Any further discussion on the amendment? All those in favor? Opposed same sign? Karr: I'm sorry, could we have a show of hands? Wilbum: Okay, all those in favor raise your right hand. Five. Those opposed raise your right hand. The amendment passes 5-1, Vanderhoefin the negative. Further discussion on the main motion? Do you have more questions? Bailey: Yeah I do. IfI designate myself as the authority, or the person who is applying for the permit, what does that mean? What is my responsibility? Is that indicating that I have authority over the parade or the public assembly? Dilkes: I think the idea there is that when you have an entity that's not a natural person, like a corporation, you need to know who the person is, who the contact person is. There's a couple ways that's used in the ordinance. For instance, an officer of thc corporation might have the authority to sign an indemnification agreement for example, but wouldn't necessarily be the person who was going to be at the event that we would need to know in order, if problems arose. So I think it's used in both those contexts. Wilbum: I would think also, in addition to just problems but technical support the City might offer in terms of police protection or those types of things for This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 15 an event, or waste collection. They need to know how to get ahold of somebody to offer that assistance. Bailey: Uh-huh. So I think that clarifies how the person having authority may be different that the person in charge of the event. Dilkes: Right. Bailey: There's a contact person, and then there are people who are able to sign papers. Okay. Um, just talk a little bit about this insurance and indemnification requirements. I know that there's an exemption if the group cannot obtain, or cannot afford. Can you expand upon that? And how that would be applied, that exemption. Dilkes: The City ordinance has for years included a provision requiring indemnification and requiring insurance. In reviewing the ordinance, and in looking at the case law on insurance and indemnification, actually a lot of the case law is fairly permissive in what they allow cities to do. Because one of the recognized interests of the City in doing a permitting process like this, is in protecting itself against liability, but there is some case law, I believe it's a second circuit case, which suggests that if insurance requirements go so far that they become a deterrent to expression, that they can be seen as unconstitutional, which is why we have amended the insurance provisions. Number one, to require that there be an assessment of what insurance should be required, and that that would be done by our risk manager in looking at the event, and looking at what kind of risk it presents, and secondly that there would be an allowance for a waiver of the insurance requirement if insurance couldn't be obtained. You know, if the applicant couldn't afford it or couldn't obtain it for some reason. The indemnification provision is really just, the indemnification provision, unless you have a wealthy applicant who has assets, is fairly meaningless without the insurance. The insurance you require and so that there are, there's insurance there to cover the loss in the event you look to the indemnification agreement. Bailey: Okay, thanks. Um, oh there's a portion in this that says that allows the gathering of any other information that the City Manager or designee finds necessary. Kind of like other duties as assigned in all of our job descriptions. So what are some of the examples that, information that we may need as a community, or as a City, if somebody is applying for the permit? Dilkes: Yeah, again, that's a catch-all provision. It's one you find in model ordinances. I think in drafting it, and I talked to Sue about this today, the...like you often have a statute which sets out the bare bones and then you have regulations that implement it. And we want, we need the lee- This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 16 way in the application, for instance, to ask for more detailed information than the ordinance provides. An example is I think in the application you have to include any information about any animals that you intend to have as part of your parade or assembly. It may be that we need information about breeds, about what they're going to do with the animals, those kinds of things that the animal control director would need more information about. Also location. You know, providing location being in Iowa City, we need specific routes, specific streets, that kind of thing. One important thing to note, I think, is that the...one of the ways we have changed the ordinance is that we require that a permit be granted if certain, if certain criteria are met, and I think that's a strengthening of the ordinance, and that does not include the any other information that the City may, so it's not a basis for denial. Bailey: Okay. Thanks. Those are all the questions that I've had. Did you have... Champion: I think those cover it, but I had one more thing I just wanted to clarify. If the person has insurance, and suppose it's a controversial group holding this, maybe it is the Ku Klux K!an, and they're holding a rally at College Green Park, and so ifa protest group that is against the Ku Klux Klan goes to the park and destroys the gazebo, who's responsible for that? Dilkes: One of the things in assessing the risk, is that you cannot examine, and this kind of threads it's way through the whole thing, is that you cannot examine what kind of reaction a group will cause. Okay, that's not, you look at the size of the event, you know that kind of thing. Not you know, we can't allow you because there's going to be a public outcry, and that's going to take a lot of resources, and that kind of thing. That's not a basis for denial. If somebody destroyed College Green there would likely be criminal charges as well, and I don't think that the intent under the indemnification agreement would be to look to the entity that was not responsible, if you can clearly identify another. Champion: Okay, that answers my last .... Dilkes: Particularly in that situation where it's a reaction to the speech of the applicant. Champion: Okay, thank you. Elliott: The number for people wishing to use the street, 25. Are we assuming that the group would probably, if they found out that there are 30 people there, the leader would say we can only have 25? You 5 drop off. Or are we saying, what are we expecting of the group when they say we're only going to have 25 but they have more? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page I7 Dilkes: Well, groups might react differently to that. They might, one group might say we can't, we thought only 25 of us were going to be walking down the street and we have to limit it to 25 to be in compliance with the law. Other groups might not, I mean, I don't know what the reaction, a particular group would be. The point is you have to set the number somewhere, and you can set it higher, you can set it at 50 if you think 25 is too low, but... Elliott: We don't have any expectations of self governing to remain within that? Dilkes: Well, I think you do. I mean, I think you hope that people will conform their activities to the law. Elliott: But if they say they're going to have just 24, they don't need something and it turns out there's 30, and we're going to go out and say well, you need a permit? Dilkes: I don't know if we're going to go out and say well, you need a permit or not. That would not be something that I personally would be involved with. Elliott: That was one of the questions that I... Dilkes: I think one of the logical reactions to that would be to go and talk to them, afterwards, and say you know, you need a permit for 25 or more. Elliott: We would hope people would use this as a guide. Dilkes: Yeah. I can't, if somebody calls me and says when do you need a permit? I say 25. And how they choose to react to that information is really within their control, not within mine. Elliott: And the other question I had, which seemed kind of unusual but I hadn't thought of it. This pertains only to events that will be held on the streets or in a park, not to an event not held there, but which will heavily use the streets or sidewalks to get there. Meaning... Champion: Like a football game? Dilkes: Yeah, I think I had that question too. (laughter) Like a football game. You know, I don't think you can identify any particular group that is using the streets when you're talking about football fans. I think that would be difficult. O'Donnell: That would be impossible. Champion: I'd like to, um, are we done with discussion on this? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 18 Wilbum: I was just going to ask Steve one more question. My take on this, and my experience with some of this, I haven't had contacts with people who have problems with the existing permitting process, but I've had questions with people challenging their right to do this, and folks would say, well, if they can't do that, can (can't hear), and I would say, well, they can. So I'm looking at this as clarifying the existing thing, but have there been examples where, for example, in existing permitting where insurance has been waived, or I presume you really collect information, the ability to go back and say tell us what you're going to do more about this so that we can again support the activity that you're doing? Atkins: I've been doing it for 17 years and I've never had one come back on me. And that's a common question, I cannot afford insurance or my group is small enough, and after we visit with the folks, it becomes usually very clear then I exercise my judgment, and my judgment has normally been that we'll waive the insurance for this. When we get into larger groups, or the groups get larger, I encourage them to keep their permit with them, and the police are generally informed that, let us know, because we can amend the agreement by just simply a letter they can stick in their pocket. I've not experienced any difficulties and a couple, they may sound funny, but we had one group that wanted to bring a horse along. So I questioned the horse and we had to check with the animal control folks, what was the deal, and as long as the animal was treated properly, that's okay. I was thinking more, who's going to clean up after the animal, and we simply made arrangements for the folks and they had a guy with a broom and a plastic bag, and the horse was taken care of. So I, what's that? Elliott: That's show biz. Atkins: Yeah, that's show biz. Wilbum: You mean you questioned about the horse, not the .... Atkins: I questioned, I mean you're bringing this animal into this public demonstration and I wanted to make sure that the animal was properly cared for, but I've not had any come back on us in all the years that I've been doing it. Dieterle: I'm Caroline Dieterle. I was here last week, or the last meeting when you were talking about this, and I'm sorry I just got out of work and I'm late so maybe my question has been answered already. Has it already been asked what interest the city has in having the address and all of the extra data about all the people who are anticipated to speak at an event? Champion: We just deleted that part. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 19 Dieterle: You did? Thank you very much. I'm happy to hear that. The other thing is is that I can understand the city being concerned about insurance, but i was wondering whether it would make it easier if the city only required corporate entities such as, well I suppose the University ranks as a corporate entity whether technically it is or not, to have their own insurance, but not private citizens. Atkins: The insurance issue has not been a huge issue. I've found, more often than not the groups are small enough that we would waive the requirement, but that's been my experience. Dieterle: Well that's right, but Steven Atkins isn't going to be the manger forever, and who knows whether the next person who comes along will have your reasonable attitude about it. Atkins: I think what you have to remember is that by virtue of my position I have a fiduciary responsibility to the City Council and to the community. Now if I were to suspect that there was some a potential for some financial risk we would be exposed to, I would be I suspect a little more stubborn about the insurance requirements. But generally, overwhelmingly, it's people who want to demonstrate in a peaceable fashion and overwhelmingly we waive the insurance. Dieterle: Well do you think your successor in the job in 10, 15 years from now won't have the same attitude that you do? Atkins: I can't guarantee that. Dieterle: Well, see that's what I'm worried about. I'm not worried about the way it's presently administrated. I'm just worried about what will happen in the future so I hope you think about that. Dilkes: Well, I think the waiver provision addresses that to a certain extent, because it not only allows waiver, requires waiver if you can't pay, but also if you can't obtain, and I think that it's going to be likely much more difficult for an individual to obtain that kind of insurance coverage than it will for a corporate entity. On the other hand, if you just had a flat requirement that there be insurance required only of a corporate entity, I mean, there are a lot of very small corporate entities, non-profits, small businesses, that kind of thing so that might not be the logical distinction to make. Wilbum: I know several non-profits have had some community events where they have gotten a waiver from the City. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 20 Atkins: I would think that someone, if he or whoever sits here, were to deny someone, you'll hear about it. Champion: I think so too. Bailey: I would hope so. Atkins: But my experience has been to the contrary, that it's generally worked out. Dieterle: Well, what sort of a situation would anybody envision, you or you, where this would not be waived? Where the insurance requirement (tape ends) Atkins: ...remember questioning a group that they were a little loose. They were intending upon shutting a person's business down. I explained to them that I felt you can picket, you can carry signs, but you cannot obstruct people coming and going in and out of that business. As long as you behave yourself in that fashion, then I have no trouble, and they....we talked about it, and I signed the permit for them. As long as it didn't get, and they conducted themselves. Now the owner of the business was not happy with me, but they conducted themselves responsibly. Dieterle: Well maybe I'm didn't make my question clear. Can you give an example of a situation where you would not waive the insurance requirement? Atkins: If there was a clear intent on trying to shut down the business, I would not have waived the... Dilkes: Oh I can imagine a number of situations where we wouldn't waive the insurance requirement. A large entity with ability to pay wants to hold a parade through the streets and can obtain insurance. I think it is a responsible thing for the City to do to get the insurance, in the event that there's loss. Atkins: The thing that I've experienced the most is that overwhelmingly these are small groups of folks. But now with the 25 we won't even see them. I mean, that's, I'm almost positive that's going to be our experience now. Dieterle: Thank you. Wilburn: Thank you. Elliott: I just, one comment on the last round. My thoughts on administration is always not nailing policies, codds, or ordinances more specific than they necessarily need to be; provide the administrator with latitude to use judgment; and then hold the administrator responsible and accountable for that judgment, and the Council would be the one that did that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 21 Champion: Right. Elliott: Whether it's Mr. Atkins, or someone else in the future. Dilkes: While I think that policy makes sense in other arenas, it is not appropriate in the First Amendment arena. The courts basically have said that you need to have guidelines, as strict as you can get, and again you can't draft for everything, but you need to have guidelines that govern administrators and so that you have as little lee-way as possible for an ill-intended administrator to discriminate against what the speaker, the organizer, the applicant, is saying. Atkins: And I think overwhelmingly, again, you're going to find, at least our experience is that we really only get 2 or 3 days notice. Most folks come in "I want to do this" and unless they're conflicting with some other group, particularly like on the Ped Mall, but there's really not a whole lot of lead time on the thing. Wilburn: We've had the amended version pass, and you were.., are you thinking that that's enough of a change that we need to go back to first? Dilkes: I think you should. Wilburn: Okay. Vanderhoef: Can we do it tonight? Dilkes: Yeah, we'll do first tonight. Wilburn: Okay. Karr: So the original motion withdrawn by Vanderhoef/O'Donnell? Vanderhoef: Yes. Champion: And I'll move first consideration, the amended motion. Elliott: Second. Wilbum: Moved by Champion; seconded by Elliott. Further discussion? Roll call. Elliott: Ross, I just, I would like to say, I've been impressed and very (can't hear) at the way our City Attorney has responded to these questions. Her ability to articulate them and her knowledge of the questions asked. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #10 Page 22 Wilbum: I think it's also...go ahead. I was just going to say that I think it's important, there's time we have staff, you know, we pass policy and certain issues come up that staff has the lee-way and the freedom to consider and ponder, you know, we need to make some corrections here in our City ordinances, so I appreciate you and your staff doing that, making sure that we are protecting First Amendment rights. Bailey: And I just want to thank you for the time, and I kd~ow that I referred people to your office as well when they had questions, and I know that you've been really accessible about this and I really appreciate it. It's very important on this particular issue, I feel. Dilkes: You're welcome. That's my job. Wilbum: Anyone need a break or should we keep rolling? Champion: Have a break. Elliott: Break. Wilbum: Be back here at 8:00 then. (BREAK TAPE OFF) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #11 Page 23 ITEM 11. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 2, 2004 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE 14 ENTITLED "UNIFIIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY FEE. Wilburn: Just for the record, the City Manager was teasing me a little bit. This is the February 17, 2004, City Council meeting, and not 2007 (laughter). So if anyone at home is confused by that, I apologize. Champion: A time machine. Wilburn: I appreciate the heads up. (laughter) Vanderhoef: Move to set the public hearing. Wilburn: Moved by Vanderhoef. O'Donnell: Second. Wilburn: Seconded by O'Donnell. This is the public hearing on the revised ordinance, an agreement with the concern raised by the Chamber, correct? Discussion? Roll call. Motion carries 6-0. This represents only a reasonably accurate transcription of the lowa City City Council meeting of February 17, 2004. #13 Page 24 ITEM 13. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN TItE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING ONE HALF-TIME AND ONE THREE-QUARTER TIME CASHIER POSITIONS. Vanderhoef: Move the resolution. Champion: Second. Wilbum: Moved by Vanderhoef; seconded by Champion. Discussion? Vanderhoef: How does this change, or increase benefits, to the benefit levy? Helling: This would be 2 additional permanent employees. One half-time, one three- quarter time, so depending on their status, whether they wanted single or family insurance, it could increase by the equivalent of one and a quarter time permanent employees. Champion: But would this not come out of the parking revenue? Helling: Yes it would. Champion: It does, so it's not part of (can't hear). Helling: Right. Vanderhoef: This is where we have to do this rather than use temporaries? Helling: Yeah, in the past these were filled with temporary employees, but with the new definition of temporary employees, which is less than 10 hours per week, they can't fill the vacant hours that way so what they're doing is taking the money that was budgeted for temporary employees and hiring two permanent employees. They will have irregular hours and they will cover the hours that can't be covered by the people on the regular shifts. Elliott: And this is a result of negotiations as opposed to wage and hour requirement. Is that correct? Helling: That's correct. Elliott: Okay. Champion: You know, I've been in several and I'm not a, I'm certainly for these part-time employees, don't misunderstand me, but I've been in several parking lots in the past ten years that don't have attendants. You use a credit card or a debit card or a pass to get in, and you exit with the same credit card and the same debit card, or you can pay cash when you put your ticket in. If you don't want a ticket you use the credit card or debit card, and then you just feed the machine cash. Have we ever looked into those systems? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #13 Page 25 Atkins: We sell debit cards. We do sell a debit card. Champion: I know. But you would pay cash to a machine, or you would purchase $10 worth of parking, or you would just use any regular credit card. Atkins: Oh any credit card. Champion: Any credit card. You put it in to let you in, and you just use it to exit too, and it's very, very quick and... Atkins: I'm not familiar with the set-up but I'll certainly ask about it. Champion: The first time I was in a parking ramp that did that was maybe 10 years ago in Germany, and I was just in one in Chicago that did the same thing. Atkins: Oh that's why, it's in Germany. (laughter) Champion: There's one, several, in Chicago too. (laughter) Atkins: Let me find out for you. I'm not familiar with that, Connie. Champion: I mean, I just don't know if we've ever...especially when we're building that new ramp. Atkins: Sure, it would sure make things a lot easier for lots of folks, just make it automatic, put it on your card. Champion: And there's one actually in Des Moines, I think. And one in Sioux City. Wilburn: Guess we'll get some more information. Atkins: Yeah. Wilbum: Okay. O'Donnell: You really get around. (laughter) Champion: I really get around, a world traveler. Wilburn: Roll call. O'Donnell: I forgot what we're voting on. (laughter) Wilburn: Motion carries 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #15 Page 26 ITEM 15. CONSIDER A RESOLUTION ADOPTING THE MELROSE AVENUE/GRAND AVENUE TRAFFIC OPERATIONS STUDY FINAL REPORT. Champion: Move the resolution. Wilbum: Moved by Champion. Vanderhoef: Second. Wilbum: Seconded by Vanderhoef-this report prepared by the City, University, and Melrose Avenue Neighborhood Association. Discussion? Roll call. Motion carries 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #21 Page 27 ITEM 21. CITY COUNCIL INFORMATION. Wilbum: Bob? Elliott: A couple of things. I mentioned earlier today to a person with whom i was talking that in the police use of force report that if anyone was concerned about whether or not we have an excess number of deer, the report indicates that in the months of December and January, our police had to put down ten deer who had been struck by motor vehicles. I think that indicates a couple of things. One is certainly the need to do what we're doing. Another is a letter we got from Don Sanders and he mentions several things that he would like the Council to consider. One that I looked at was property taxes. We have talked a lot in the past about affordable housing and housing assistance, and I think sometimes we fail to realize that the more we spend, the more the taxes go up, and I don't know of anyone who gets hurt more with increased taxes than renters who, right on the bottom part of their rent, the first thing the landlord charges is the taxes so it's just a reminder that those things are important. That's about all 1 have. Oh, one more thing. Steve, after the Chamber dinner, it took something like 35 minutes to get out of the ramp. Is there any talk about any way to make that a little more functional? A little more efficient? Atkins: If I recall, and I sat in the same traffic you did. Elliott: Right. Atkins: Yeah. I think that only has two exit booths, and they were both staffed. I'm not so sure... Elliott: Is there any way we could say to the group that's holding the meeting, if you charge more we can give the people a pass and they can... Atkins: No, I think I'd prefer not having the City suggest that. If the Sheraton would like to suggest that, I'm certain there are ways we could accommodate them. O'Donnell: I think both you guys could have taken the bus or rode your bicycles. (laughter) Champion: You just have to have your credit card to stick in that machine. (laughter) Vanderhoef: Well one of the things that ~vas suggested to me on that, Bob, was that when there is a large function like that, that it be a set fee for the function and so whether it be $2 or $2.50 so that the ring through would be 10ts... Elliot;t: Yeah, that's what I was attempting to... Atkins: Yeah. That makes some sense. Not that yours didn't make sense (laughter)... Elliott: I just didn't do it well enough. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004. #21 Page 28 Champion: The other problem you would have would be that people would be stopped by that stoplight so I don't think we're getting ultimately any difference, unless you let the police keep the light green all the time. Atkins: And remember, pulling out, that's a very constricted area. You could only stack about four or five cars out, yeah, it's difficult to get in and out of. Bailey: My husband and I consider that quality time. We had a half an hour (laughter) turn on the radio, it was lovely. Wilbum: Connie? Champion: I think I've said enough tonight. Wilburn: Mike? O'Donnell: I agree. Connie's said enough (laughter). Wilburn: Dee? Vanderhoefi Not a thing tonight. Bailey: No. Wilbum: And I think Connie said it all. (laughter) O'Donnell: Which was enough. (laughter) Wilbum: Steve, anything? Atkins: Nothing, sir. Wilburn: Eleanor? Motion to adjourn? O'Donnell: Move to adjourn. Vanderhoef: Second. Wilbum: All in favor? (tape ends) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 17, 2004.