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HomeMy WebLinkAbout2004-04-06 Transcription#2 Page I ITEM 2. MAYOR'S PROCLAMATIONS a. Week of the Young Child Lehman: (reads proclamation) Kart: Here to accept the proclamation is Katie Klefstad. (applause) Klefstad: I just want to say something really quickly here. My name is Katie Klefstad. I'm a child development home provider here in Iowa City. I own and operate Small World childcare. This is my son; Brook's here to help me. I'm representing early childhood professionals, young children and their families in Johnson County, and I'm also here on behalf of the Johnson County Chapter of the National Association for the Education of Young Children, the NAEYC. On Saturday, April 17th, the Johnson County chapter of the NAEYC will host the third annual "Celebration of the Young Child". The annual celebration is a way to celebrate the joy of childhood, and the celebration will take place from 10am to 12 noon at the Sycamore Mall in Iowa City, and it will include activities for children and families, presentations from children's groups, displays and materials for community groups, from community groups, excuse me, and special deals from businesses, and we wanted to invite all of you, and the public, to join us that morning in celebrating the wonder of the early years of life, and we also wanted to thank you the Council for recognizing the importance of the early years as an issue that affects us all and for officially proclaiming April 18th through the 24th, 2004, as the Week of the Young Child in Iowa City. Thank you very much. (applause) Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #2 Page 2 ITEM 2. MAYOR'S PROCLAMATIONS b. Fair Housing Month Wilburn: (reads proclamation) Karr: Here to accept the proclamation is Krista Bowersox from the Des Moines HUD office. (applause) Bowersox: Thank you for the proclamation. I just want to say a few words. Housing and Urban Development is a housing agency committed to increasing home ownership, supporting community development, and increasing access to affordable housing, free from discrimination. Under the leadership of President Bush, our national commitment to creating equal housing opportunities for all Americans remains strong. Our office of Fair Housing and Equal Opportunity is proud to be the federal agency charged with carrying out the nation's fair housing laws. Home ownership has increased to record levels. 68.6% of all Americans own their own home. President Bush has made increasing minority home ownership a national priority. His goal is to increase minority home ownership by 5.5 million by the year 2010. There are many achievements that we have made, but over the years, over the past 35 years, the federal government has made much progress toward insuring an America where equality and opportunity in housing is not simply a goal, but a right, but we can't rest until that right is a reality for all. (applause) Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #2 Page 3 ITEM 2. MAYOR'S PROCLAMATIONS c. Head and Neck Cancer Awareness Week Elliott: (reads proclamation) Karr: Here to accept the proclamation is Dr. Russell Smith. (applause) Smith: I'd like to take a moment here to thank the Mayor, as well as the Council, for recognizing Head and Neck Cancer Awareness Week, and I think our important mission is to educate the public about head and neck cancer. As mentioned it's a fairly uncommon cancer, and probably compromises, or effects less than 5% of the individuals that actually are affected by cancer each year, and as for education, I think it's important to recognize the risk factors, and those include the use of tobacco products, excessive alcohol consumption, and also to educate the public about early warning signs, and unfortunately a lot of the early warning signs are the same things we experience with common colds, and other ailments. Stuffy nose, chronic sinus infection, a bad tooth, a canker sore, maybe a sore throat, or even a Iittle change in our voice, and fortunately if people would be able to recognize these as warning signs, come in and seek attention early for these, we could potentially make an earlier diagnosis and hopefully affect their outcome, and I do want to emphasize that we do have a "Head and Neck Cancer Screening Day" on the 23rd at the Department of Otolaryngology, and there will be information online through the Yul Brenner Head and Neck Cancer website, as well as the Department of Otolaryngology web site, and you can also directly call the Department of Otolaryngology to set up a screening time. Thanks again. (applause) Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #2 Page 4 ITEM 2. MAYOR'S PRESENTATIONS d. National Medical Laboratory Week Vanderhoef: (roads proclamation) Karr: Here to accept the proclamation is Beth Hochstedler, Training Coordinator, UI Agency Labs. (applause) Hochstedler: Thank you to the Mayor and the City Council for this proclamation, and I proudly accept this proclamation on behalf of laboratory professionals across Iowa. Mercy Medical Hospital, University of Iowa Hospitals and Clinics, Cross Laboratories, Veterans Administration Medical Center, and the University of Iowa Hygienic Laboratory are just a few of 136 laboratories in Iowa, providing a range of testing, from cholesterol screening, newborn screening on every baby born in Iowa, environmental testing, West Nile virus, SARS, and the list goes on and on. These laboratory professionals are working with you for better health in Iowa. Many times behind the scenes, working 24 hours a day, 7 days a week, to provide test results that provide diagnosis, treatment, and therapy that we all benefit from in Iowa. Thank you again for this recognition in honor of all the exceptional Iowans. Thank you. (applause) Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #2 Page 5 ITEM 2. MAYOR'S PROCLAMATIONS fi Public Access Television Week Champion: (reads proclamation) Karr: Here to accept the proclamation is Board Member Carrie Watson. (applause) Watson: Thank you. My name is Carrie Watson, and as a member of the PATV Board of Directors, I would like to take this opportunity to thank the Council and the people of Iowa City for participating in the success of the local cable access. A well-used public access center, such as ours, shows a stimulated citizenry. Supporting such a resource shows respect for all viewpoints. In this day and age when television has such a profound affect on our culture, it is important to provide training and access to the tools and to the medium, and to foster a community of responsible media makers and viewers. This is our mission at PATV. We invite you to stop by the access center, or to tune in to cable channel 18, and get involved in the dynamic exchange of ideas that build a strong community. Thank you. (applause) Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #2 Page 6 ITEM 2. MAYOR'S PROCLAMATIONS g. Sexual Assault Awareness Month Bailey: (reads proclamation) Karr: Here to accept the proclamation is Karen Siler, Johnson County Services Coordinator. (applause) Siler: I just want to briefly thank Mayor Lehman and the Council for giving us this proclamation, and helping us raise awareness to the terrible crime that is prevalent in our society, so thank you. (applause) Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #3 Page 7 ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Grant Wood Elementary Lehman: Tonight we have two different schools. First let's do the young gentleman from Grant Wood. Now this one is extra special because this young man wasn't able to be here the night his other two comrades received the award, and I think it's particularly special that you thought enough of it to be here tonight, so if you would give us your name and then read why you were nominated please. Gadson: My name is Kyven Gadson. I am a 6th grader at Grant Wood Elementary School. Activities that I do in school are safety patrol, conflict managers, box top committee, and student council. On safety patrol I help kids to be safe before and after school. On conflict managers I help kids with their problems at recess. Some activities I do outside of school include football, basketball, baseball, tae-kwon-do, track, and wrestling. What I did to get this award was be a good student by helping out around the classroom, turning in my assignments on time, setting good examples in and out of school. I would like to thank you very much for this Outstanding Student Citizenship Award. (applause) Lehman: Do you know Jan Grinko Lehman? She is my ..... I am her favorite father- in-law (laughter), and you tell her that you got this from me. I want to read this: for outstanding qualities of leadership within Grant Wood Elementary as well as the community, and for sense of responsibility and helpfulness to others, we recognize Kevin as an outstanding student citizen. Your community is proud of you. Presented by the Iowa City City Council, and I'm sure that your parents are proud of you, and your grandparents, so congratulations. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #3 Page 8 ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Longfellow Elementary Lehman: And now we have some folks from Longfellow, if they would come up please. You can be over here with me...there you go. You know, this really is one of the favorite times I'm sure for the entire Council. It's a very, very important part of our Council meeting. One of these days, and it won't be as long as you think, you folks will be sitting up here. You think it's funny now, but it happens. Look at us. (laughter) Anyway, I'd like again if you would read, give your name, and then read why you were nominated. Hugh: My name is Breanne Hugh. I go to Longfellow. I looked up citizenship in the new Lexicon Webster Encyclopedic Dictionary of the English Language. It meant devotion and loyalty to your community. To me citizenship means what you do for your community to make it a better place to live, by sharing your ideas, improving the environment, and contributing. When I turn 18 I will be able to have a say in what goes on in our country. Until then, I can do things to make my school a better place by being on safety patrol and PALS to make sure the little kids are safe. School is much like a little city. I can share my ideas with student council to make a better community. I found a paragraph about citizenship from a book my school counselor had. Being a good citizen means following the roles, helping others, and taking responsibility for things that need to be done. I think I qualify as being a good citizen, because at the beginning of the school year I needed to stay in for recess to get my work done, but since January I have been staying in because I want to do extra work, or just read, not because my work isn't done. I follow all the rules at school and do my best to help others do the same. When someone is being bullying another student, I don't.join in, but go with that person to talk to an adult about solving the problem. When there is a fundraiser I always raise a lot of money. This year I have raised over $130 for each project. This month I have participated in two fundraisers. I made less money for each thing than usual, but I have fun raising money for charity. There is one person at our school who has taught me by being such a good citizen herself. Her name is Miss Williams, our school counselor. She takes time to talk to you about family problems or problems with friends. It is such fun to hang out with her at lunch when she takes groups of kids with her to her office to do crafts or other fun stuff. Last year I had a lot of social problems, and Miss Williams made me realize I needed to ignore people. This year I haven't been to her office for personal problems, and I miss that, but I know she is happy she could help and I could solve my problems myself. So, if you want to be a good citizen, find a mature adult to show you how, and enjoy the rewards of knowing you are helping make life a better place. And thank you for the Outstanding Student Citizenship Award. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #3 Page 9 Davis: Hi my name is Chelsea Davis. I go to Longfellow Elementary, and I'm currently in Mr. Brennan 6th grade class. I am proud and honored to receive this award. Mr. Brennan asked me to say a speech about what activities I'm in so here it goes. I just started 4H and used to be in Girl Scouts. I'm in two choirs -- one outside of school, the other in school. I play alto saxophone in band and take voice lessons. In 3rd grade I was class president. In 5th grade ! was in student council. I have been in two bake sales to help raise money for the animal shelter and Ronald McDonald House. I have also raised money for "Feed the Children". My social studies teacher, Mr. , has just gotten me in an organization called "Free the Children". I have also been in a lot of musical performances, like the Cedar Rapids Opera Hansel & Gretel, and also a Pops concert. Those are just a few reasons why I was picked for the citizenship award, and I again am so happy to get this award. Thank you. (applause) Lehman: I'm almost starting to get tired. You guys have got more energy than I can imagine. (laughter) Rowden: My name is Graham Rowden and I go to Longfellow Elementary and my teacher is Miss Jackson. I am reluctant to accept this award because I feel that I really haven't done that much, but on behalf of the group I have been involved with, I will. Eight months ago I joined the group called MOE -Money Offering Effort, a social action group dedicated to helping people in need. It was formed three years ago by four 10-year old boys. This year there are ten members, and these are some of the things we have done: raised $300 for a woman who is epileptic to get a seizure-response dog; rake leaves for the elderly; got together with members nearly every Saturday in the fall to make crafts for a holiday bizarre, over $3,000 raised. 80% of the money was used to fund a project in .; remaining 20% was donated to six local agencies: Table to Table, Caf6, Free Medical Clinic, Domestic Violence, Wheels to Work, and the overflow Homeless Shelter. Twenty wool blankets were donated to the overflow shelter. We've also helped transport cots and supplies from one site to another. $100 was given to a local family who lost their home in a fire. We helped move furniture and household items to a temporary home for them. We are currently planning our next project to raise awareness and support for the homeless by spending one night in a cardboard box. Besides MOE, I also volunteered at the free lunch program, and picked up litter. The end. (applause) Lehman: Boy I can tell you when I say we're proud of you guys, I'm not kidding, and I'm sure your parents are extremely proud. This is quite a group. I want to read this, these all say the same: for outstanding qualities of leadership, within Longfellow Elementary, as well as the community, and for sense of responsibility and helpfulness to others, we recognize these This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #3 Page 10 outstanding student citizens. Your community is proud of you. Presented by the Iowa City City Council. Thank you, folks. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #4 Page 11 ITEM 4. CONSIDER ADOPTION OF TIlE CONSENT CALENDAR AS PRESENTED OR AMENDED Champion: Move adoption. O'Donnell: Second. Lehman: Okay, moved by Champion; seconded by O'Donnell. Elliott: Ernie, I'd like to take one ..... it's my understanding that there is an individual here who would like to address the number one item under correspondence, related to the change of a bus stop, and I'd like to take that out and handle it separately to give the individual an opportunity to address it. Lehman: You would like to remove F. 1 .? Elliott: F. 1., please. Lehman: Okay. We've been asked to remove Item number 4, which will be deferred indefinitely. Is there other discussion? I just ..... I suppose two items that I'd like to point out. Number one, we're setting a public hearing for April 20th on an ordinance to reduce the water rates, which is something that we will enjoy a great deal, and also authorizes us to sign an agreement with the DOT for the cooperation between the DOT and the City for the improvements of Foster Road/Dubuque intersection for which we will get a grant for up to $1.6 million, which is a pretty significant amount. Karr: Also, Mr. Mayor, you're adding setting a public hearing on the Brookland Park sewer separation project as well, with the Consent Calendar. Lehman: Right, right. Other discussion? Roll call. Motion carries. Champion: Move adoption ofF.1. Elliott: Second. Lehman: Motion and a second to adopt F. 1. Discussion? Elliott: I guess I was wrong. Lehman: Okay. Elliott: Yes, yes. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #4 Page 12 Lehman: Almost missed it. Fazen: Hi, Matthew Fazen, Church and Lirm. I wanted to talk about the bus stops on North Dodge. I've been working at NCS and ACT for the last five years, last two and a half with ACT. I gave you all two maps. The scary one I drew. The other one I got from ACT. The one that I drew, I'd like to start with. It's got a little more details. We're talking about by ACT Circle Road, if you know where that is, up by the Sinclair station, where ACT is. Do you know what I'm talking about? (several respond from Council) Okay. If we look at the, I made two for them too. If we look at the rough map, let's look right in the middle of the page I have the old bus stop. They took that out, and according to Deb Shriver that was at the request of ACT because the driveway that goes up from there is closed now, closed to vehicles, and they don't want pedestrians either. They took that bus stop and they moved it down by Scott Boulevard, if you go down you see it. Okay, now back up to the middle, there's the current bus stop over by where Minerva's, Travel Lodge, North Dodge Athletic Club, you see that? They want to, the proposal is to move that bus stop down to Scott Boulevard also. Now every bus rider I've talked to has already had a problem with this. The problem is, is people are going to be having to walk up North Dodge Road and half the way up, if you can look at my drawing, is sidewalk. Then it tums into shoulder. So what you're going to have is people walking on the shoulder of the road. That's not good, even in nice weather. Inclement weather it's going to be even worse. As it is now, the bus stops help no one that rides the bus. I've talked with a dozen people that I had never spoken with before, and they were from livid to very disappointed. They find themselves walking in the road. If they're going to the ACT campus on the east, they have to take Scott Boulevard sidewalk over to Dubuque Road, if you're looking at the bottom, and then they're walking in the road and it's a longer walk, it's in the road, and it's very inconvenient. Many of the other people that work on the other side, where the North Dodge Athletic Club, Travel Lodge, Minerva's, Sinclair, pardon that bad drawing of the dinosaur. (laughter) But a lot of people work down there that take the bus, and they're going to be having to walk up North Dodge and they're going to be on the shoulder of the road. Now already the sidewalk and the shoulder of the road is very dirty from dirt, stones, wind and that's not to mention if it rains, and I'm not even thinking of snow. There's a ..... I understand that it's going to be a four-lane in the fall of 1995, and that there will be other plans for the bus stops. What I'm asking, and I think I'm, I know I'm speaking for 100% virtually almost, you know, I don't know any bus rider that likes what they're doing, but if they move that one down there from Minerva's and the Sinclair, and move it down to Scott Boulevard, it's just a hardship on everybody. And another thing, all the businesses are up by where it is now. If you keep it where it is, I know Sinclair, I talked with them, and they're like "what, they're going to move it?" You've got people, if it is This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #4 Page 13 inclement weather, you like to be near something where you can get out of the rain. As it is where it is on Scott Boulevard it's not doing anybody any good that rides the bus. I talked with Deb Shriver again today, and it seems that the major sticking point, I talked with you, Elliott, about this. It seems like the major sticking point is that road that's closed right now. They don't want any people there, and it's closed to cars, but they're making a real hardship and a dangerous situation for the riders. I'm going to read some quick notes here so I don't forget anything. Lehman: You need to wrap this up pretty quick. Fazen: Okay, okay. Well, I guess I've said enough. I'll just say that where it's at now, the one that's on the west side of the road, I think you should keep it there until you switch things. It's safer. It's more convenient. Actually, ideally, where it used to be on the east side of the street was pretty good and there's room for a bus to pull over, and it's not having people walk up and down North Dodge. So I....I might have left a few things out, but that's it. So you can keep those maps and everything, and I don't know, but is the public hearing on the 20th about this? Lehman: We didn't have a public hearing on this. Fazen: Okay. Karr: Sir, could I have your name for the record. Fazen: Matthew Fazen. Karr: Thank you. Fazen: Yeah, thank you. Lehman: Other discussion? Elliott: I talked with Ron Logsden, and this was done at the request of ACT, and also he said that the bus drivers themselves have been concerned about the safety of the buses as cars come up over the hill on Highway 1. Lehman: Site distance? Elliott: Right, and I would hope that at some time in the future, maybe there could be a more convenience place, a more safe place, for everyone, but at the present time, I will, I guess, have to vote approving this. Lehman: Steve, did you have something? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #4 Page 14 Atkins: I was going to say, I'm not completely familiar with what ACT's thinking was on the thing. If this is something .... Lehman: Could we defer it? (several talking at once) Do we have a motion to defer this item? O'Donnell: Move we defer this for two weeks. Elliott: Second. Lehman: We have a motion and a second to defer this for two weeks. All in favor? Opposed? Okay, motion carries. Atkins: Matt, did you leave your address and phone number so we can contact you? Okay. Wilburn: Eventually this is sidewalk on both sides, isn't it? Atkins: I believe it is, Ross. I don't have... Vanderhoefi I think so. I think it's an eight and a four. Fazen: I guess the main thing was just that it's making everybody walk further, and it's putting them in a situation that's not real safe. Lehman: We're going to check it out further. Fazen: Those were the main two. Thanks. Lehman: Thank you. Atkins: We'll follow up and get back with you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #5 Page 15 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA) Dieterle: Hi, I'm Caroline Dieterle, and I'll just say very briefly that I'm hoping that something will be done to reexamine the timing of the lights on Burlington Street. I know there was some talk about that earlier when there was that fatal accident at the comer of Linn and Burlington, but I cross it often, down by the Lindquist Center, and truly, I think of myself as being reasonably fit, and relatively quick, but you know, you can barely make it across. If you start right when the light tums, and you know, for elderly people and anybody who is in any way handicapped, or people who aren't really warned about this and aren't familiar with the intersection, and think that they can go when the light has been changed for a couple of seconds, are likely to get caught in the crossfire. Lehman: Do you push the button when you cross? Dieterle: Well, I haven't because I've waited for the light to change and... Lehman: I'm not sure but I think some of those walk lights are longer if you push the button. If you don't push the button, I think it's controlled by cross traffic. Dieterle: Well that would be nice to have that made a little more public because I think that most people, when they get there and they know the light is about to change, don't bother to push it. Lehman: I think there is a sign there that says push the button for southbound, push it for Westbound. Dieterle: Well, that's tree but I thought....I guess I'm just completely out of it. I thought....okay. Lehman: We'll check it. Champion: I didn't know that either. Elliott: Yep. Lehman: Could be wrong. Bailey: I've heard some concerns about... Atkins: Burlington is a common complaint, one the state highway has involvement in, and secondly, I think the biggest issue is the side friction. The side streets trip the lights and that's why it's difficult to find a length of time. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #5 Page 16 Lehman: Will you find out for us? Atkins: Yes, we will. Vanderhoefi I think they're already timed and they do reset once or twice a day to get the through traffic to try and... Lehman: Well they're timed for cars and I think what we're talking about is pedestrians, but I do think the button, the actual button .... Atkins: ...is a group of elderly citizens. It's a legitimate complaint. Lehman: We'll check for you. Other comments? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #6 Page 17 ITEM 6. PLANNING AND ZONING MATTERS a. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 4, 2004, ON AN ORDINANCE CREATING A SELF- SUPPORTING MUNICIPAL IMPROVEMENT DISTRICT (SSMID) ACCORDING TO IOWA CODE CHAPTER 386 FOR DOWNTOWN IOWA CITY. Wilburn: Move to set the public hearing. Bailey: Second. Lehman: Moved by Wilbum; seconded by Bailey. Champion: I will have to abstain from the vote on this because I have a conflict of interest. Vanderhoef: I will be abstaining for a conflict of interest. Lehman: I also will be abstaining. Elliott: I won't. (laughter) Lehman: All in favor? Opposed? The motion carries 4 to 0. There were three abstentions. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #6 Page 18 ITEM 6. PLANNING AND ZONING MATTERS b. REZONING APPROXIMATELY 32,000 SQUARE FEET FROM CENTRAL BUSINESS SERVICE ZONE (CB-2) TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL ZONE (RM-44) FOR PROPERTY LOCATED AT 302 AND 308 SOUTH GILBERT STREET (REZ04-0003) (a) PUBLIC HEARING Lehman: Public hearing is open. Holland: Good evening, my name is Joe Holland. I'm here on behalf of the applicant on this rezoning matter. To answer any questions you have, these are t~vo apartment buildings that were built in the early 1980's. They were in compliance with the zoning ordinance when they were built. The zoning ordinance has subsequently changed, and has limited the flexibility of the use of the first floor of these buildings, that's why we're asking that they be rezoned. This rezoning that's proposed would actually bring the properties closer into compliance with the current ordinance, and both staff and Planning and Zoning Commission are in favor of this change. Lehman: Thank you, sir. Public hearing is closed. (b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Lehman: Do we have a motion? O'Donnell: Move first consideration. Champion: Second. Lehman: Moved by O'Donnell; seconded by Champion. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #6 Page 19 ITEM 6. PLANNING AND ZONING MATTERS c. REZONING APPROXIMATELY 24.1 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON SOUTH SYCAMORE STREET, EAST OF SOUTHPOINT SUBDIVISION (REZ04-00002) Lehman: Public hearing is open. Bimbaum: My name is Anthony Birnbaum. I live at 163 Stanwyck Drive in Iowa City, which is immediately opposite on the other side of the drainage ditch bike path of the proposed development. I'd just like to bring to your attention some safety concerns, and I think I speak on behalf of all the neighbors on Stanwyck and the existing part of Gable. With the extension of Gable across the bike path drainage ditch, to the proposed new development, as you probably are aware, I emailed Mr. John Yapp on a lot of these things and he responded accordingly, and he may have forwarded my email to you, at least he said he would. So ifI sound redundant, please forgive me. But, one of the main concerns we have is when they extend Gable to the new development, it's going to be a straight street, and my experience with human nature is, in other places I've lived, it's going to be that motorists are going to tend to try and gun it, so I'm wondering if the City Council might consider addressing some possible solutions to make sure that Gable at least is made safe, because there are a lot of children on this street, two of my own, and there's more on the way. You know, for example, putting "calmers" in, maybe on both the north side and the south side of the bike path. As you're probably aware, and I notice this from my own visual experience, a lot of people do use this path, and it's a great path. My wife also ~vanted me to mention of making sure there's adequate lighting at the intersection of the path and the .... and Gable Lane. Maybe some of you might have some possible ideas as to how we might keep traffic from, you know, speeding along that line. My guess is that when people ..... as this development increases, people are going to come on to Lombard and they're probably going to turn left onto Stanwyck and then go down Gable, and that's where our concern is, and we just wanted to try and make sure that the street remains safe so that, you know, there aren't any injuries, or even possible fatalities. I know, for example, at Willow Creek Park you have some humps that go along...I don't know the name of that street. That seems to work fairly well. They're not really huge bumps but they're enough I think that I think it keeps traffic at a reasonable pace. So, the other thing that I wanted to mention, whenever it's fiscally possible for the City to do so, to upgrade Sycamore and I think that will help the burden on Gable because fight now Gable is going to be the only access point to this subdivision, and again, I think I speak on behalf of the neighborhood when, you know, this is a real safety issue for This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #6 Page 20 us. I also....kind of indirectly related to this, is again, with the soccer park you know just down the road, and with this new development, there's going to be of course a lot more traffic on Sycamore and I'm wondering where the intersection of Highway 6 and Sycamore, if some turning lanes might be put in, because I know even now when I turn onto Sycamore to get home, I'm always backing up traffic when I turn to the southbound lane of Sycamore. Again, I know that's another fiscal responsibility but you know, whenever it's feasible for the City to do so, I'd highly recommend the City pursue that option. And finally, again, just kind of, not directly related to this development but more related to the bike path that's there. IfI remember correctly, in the original neighborhood plan, the bike path was supposed to cross Sycamore and go over to Wetherby and then eventually over to Napoleon. Now don't quote me on that. My memory is kind of fuzzy on this. In some recent maps that have shown the proposed bike path roate, I think that's been removed and I was kind of disappointed by that, and I was kind of hoping the City will, and maybe this is something that needs to go back to the Zoning Commission, or the Committee, but I'd if possible like to see that be reinstated because a lot of people, as you can just see by the pictures up there, really do love and use these paths and so...right now it's still undeveloped and so if it's feasible, again, for the City to do so to extend that path across Sycamore to hook up with the path at Wetherby, and then eventually hook up with Napoleon path. I think that covers all my concerns for now, but the main concern I wanted to bring forth is Gable Street, and the possible safety issues that the increased traffic will bring. Lehman: You are aware that the connection to Sycamore, this subdivision, can be established as soon as south Sycamore has been put on our capital improvements program, which could... Birnbaum: Do you know when that is? Lehman: We don't know. It has been on there. Birnbaum: If my information is correct, it was...the money that was...it was supposed to be done like last year or something and the money got diverted to another project. Lehman: Right, but I think it's a pretty high priority. My guess is you're going to see it in the next year or two. Don't quote me, but as soon as that appears on the CIP, that connection can be made to Sycamore and they'll no longer have to use Gable. Birnbaum: Okay. Lehman: And I would expect that, frankly, I would think that would be fairly soon. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #6 Page 21 Bimbaum: So is it in your opinion then that maybe we don't need to do anything on Gable Street per se then? Lehman: I'm not going to say that, but is Gable 28 foot street? (TAPE ENDS) Champion: ...if the neighborhood ends up having problems, we do have a traffic calming program where... Bimbaum: Yes, Mr. Yapp did send me a brochure on that. Unfortunately I filed it somewhere and couldn't remember... Champion: And that's how the bumps got put on Cal Drive too. Birnbaum: Okay. Lehman: Right. You brought up good points. Thank you. Birnbaum: All right, thank you. Champion: Thank you. Elliott: I have a quick question for Karin or someone. I'm familiar with Sycamore. Where...the street in question is Gable? Lehman: Right. Elliott: Gable, is that the name? Where does that come in? Sycamore is like a short quarter mile track. Does it come in on the east side? Lehman: Sycamore is straight down. Elliott: I mean Stanwyck. Bimbaum: Sycamore is the main... Stanwyck? If you know where Lakeside Drive is? Okay, you turn onto Lakeside and then there's a little street called Lombard, which is basically just a linking street to Stanwyck. It's...right now Stanwyck is just kind of a horseshoe shape, and on the bottom of the horseshoe is Gable. Elliott: So is it east of Lombard? Birnbaum: Yes. Elliott: Okay, okay. It's at the far end of the loop then. Okay, good .... thanks. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #6 Page 22 Bimbaum: And that's the street that's going to cross the... Lehman: Right. Anyone else wish to speak at the public hearing? Public hearing is closed. Do we have a motion? I'm sorry. Public hearing is opened again. (laughter) Franklin: We have to continue the public hearing on this to get signatures on the conditional zoning agreement. Lehman: Oh, do we have a motion to continue the public heating? Vanderhoefi So moved. Elliott: Second. Lehman: We have a motion and a second to continue the public heating. All in favor? Opposed? Motion carries, and I assume that that motion is to continue that two weeks from tonight, is that appropriate? Okay. Do we have a motion to defer first consideration? Vanderhoefi So moved. Lehman: Moved by Vanderhoef. Bailey: Second. Lehman: Seconded by Bailey. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #7 Page 23 ITEM 7. AMENDING SECTION 14, CHAPTER 5, ARTICLE A. BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2003 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2003 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA (a) PUBLIC HEARING Lehman: Public hearing is open. Smith: Good evening, my name is Dan Smith. I'm here tonight to represent the Greater Iowa City Area Home Builders Association. First let me apologize for the state of my voice. I lost it last Thursday and it's coming back now, much to the chagrin of some of my colleagues and my wife. (laughter) We are, my comments by the way are applicable to the next couple of items of course, building codes. Our association is pleased to endorse the various building code amendments. As you all know, our building codes reflect a shared commitment to protecting the safety and health of our community by promoting best practices in the building construction industry. These amendments are also indicative of the productive working relationship we share with the building department, in particular building official Tim Hennes, that we've established in working together on various building and construction-related matters through the years. As you know, establishing and revising the voluminous building code is certainly a daunting task, one that requires diligence, and a special working knowledge of construction matters. We feel these amendments represent a common sense approach, because sometimes competing policy matters before this Council, of safety, health, and housing affordability. We therefore urge the Council to adopt these proposed amendments to the building code. Thank you. Lehman: Dan, I really appreciate the Home Builders speaking up on this. I think it's a very positive thing and Council is pleased to hear from you. Smith: We were happy to get the call from Tim to work on this. Any time. Thank you. Lehman: Thank you. Does anyone else wish to speak? Public hearing is closed. (b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Lehman: Do we have a motion? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. //7 Page 24 Champion: Move first consideration. Vanderhoefi Second. Lehman: Moved by Champion; seconded by Vanderhoef. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #8 Page 25 ITEM 8. AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL F1RE CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE NO. 02-4034 OF THE CITY OF IOWA CITY AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH (a) PUBLIC HEARING Lehman: Public heating is open. Public hearing is closed. O'Donnell: Move first consideration. Vanderhoef: Second. (b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Lehman: Moved by O'Donnell; seconded by Vanderhoef. Discussion? Champion: This did remove the sprinkler portion from fraternities and sororities, but did we include any requirements for sprinkler systems, like in major remodeling in buildings downtown? Did we....is there any requirement? Jensen: Nothing beyond the language that's in the model code. Champion: That's it? Lehman: Doesn't major remodeling downtown require sprinklers anyway? Jensen: It would depend upon size of the model and the square footage. Hennes: It would depend on the, if it's a change of use to an occupancy that would require sprinkling, so possibly. Lehman: I see, okay, but not as a blanket policy it's not required? Hennes: No, that's right. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #8 Page 26 Lehman: Thank you. Champion: I think that's too bad. When I think about the fires we've had downtown, and how interconnected those buildings are, it's pretty scary. We do have a sprinkler system at Catherine's. Lehman: Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #9 Page 27 ITEM 9. AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 2003 EDITION OF THE UNIFORM PLUMBING CODE, WITH CERTAIN AMENDMENTS, TO REGULATE THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERNATION OF ALL PIPING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS (a) PUBLIC HEARING Lehman: Public hearing is open. Elliott: Tell me what an appurtenance is. Lehman: I can't even say it. (laughter) I think it's some sort of plumbing appliance of some sort. Dilkes: Appurtenance, it's an attachment to a big thing. Lehman: Okay so you can pronounce it. Do you know what it is? (laughter) We think it's okay, Bob. (laughter) Public hearing is closed. (b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) O'Donnell: Whatever that is, I'll move. Lehman: Okay we have a motion. Elliott: Second. Lehman: ...by O'Donnell; seconded by Elliott. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #14 Page 28 ITEM 14. THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR TItE SOUTH GILBERT STREET IMPROVEMENTS PROJECT - NAPOLEON LANE TO CITY LIMITS Lehman: Public hearing is open. Public hearing is closed. Champion: Move for the resolution. O'Donnell: Second. Lehman: Moved by Champion; seconded by O'Donnell. Discussion? Roll call. Elliott: Steve, on that there's a detour on that road right now, Sand Road. Is that detour for this project? Atkins: Oh no, that must be County project. Knoche: The County's doing an overlay on a bridge on, south of the sanitary sewer road... Elliott: Okay, it would have been nice had they put a sign when you started down Sand Road, um, because I got halfway down and realized there was a detour. That's fine, so it's not this project. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #15 Page 29 ITEM 15. CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT O'Donnell: So moved. Vanderhoefi Second. Lehman: Moved by O'Dormell; seconded by Vanderhoef. Discussion? Roll call. Motion carries. That's another example of cooperation between the City and the County - that project that we're doing together. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #16 Page30 ITEM 16. 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 REQIREMENTS 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 TItE CURRENT PROVISIONS REGULATING MOBILE VENDORS AND AMBULATORY VENDORS, TO CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING SAID VENDORS, AND TO MAKE ADDITIONAL NONSUBSTANTIVE CHANGES (SECOND CONSIDERATION) Wilbum: Move second consideration. O'Donnell: Second. Lehman: Moved by Wilburn; seconded by O'Donnell. Discussion? Bailey: I want to make a motion to amend this ordinance to reflect the changes that we got in the memo on 3/31, and then there was an email response that Eleanor provided to us, and that amendment was included in the ordinance that was passed out at a work session last night. Wilburn: Second. Lehman: We have a motion to amend. We have a second. Discussion of the amendment? Fisher: Good evening. My name is Eric Fisher and I'm speaking on behalf of the Iowa Civil Liberties Union, Hawkeye Chapter, and I'm an attorney. I work as a supervising attorney for Student Legal Services here at the University, and graduated from the University in 1993. In terms of, I want to begin also by thanking Eleanor Dilkes, and I want to thank Regenia Bailey for their incredible help. Regenia in bringing this together and listening to our ideas, and Eleanor also for engaging in a dialogue with us. We're very appreciative of that. We've accomplished a lot of things, but right now there are two primary items which we object to and would ask the Council not to approve this particular ordinance, and that is Section 10.1.3., Subsections 15 and 16, no 14 and 15, I apologize. Vanderhoefi Say that again? Fisher: 10.1.3., Items 14 and 15. And I'll start with Item 15 first, and it's our contention that Item 15 is unconstitutional and is facially invalid, and I've This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #16 Page 31 had discussions with Eleanor and I guess we have a disagreement over this, but I'll explain to you why I believe this is facially invalid. When something is facially invalid you can read it and immediately by reading it it's unconstitutional. In terms of the standard that the Supreme Court applies, it's called a strict scrutiny standard. In other words, there is a burden on the City that this is unconstitutional to begin with, and the City has to show that it isn't. The reason why this is facially invalid is that if you look at this, if you look at 15, it says, "Insurance is required in the reasonable amount necessary to minimize risk of harm to persons and property, based on the nature and size of the event, as determined by the City's Risk Manager." The problem with that, and there's a Supreme Court case named Forsythe, is that it vests discretion in the City Risk Manager. In other words, the City Risk Manager gets to decide how much the insurance is going to be. Now Eleanor has proposed some language which I think is very helpful, but won't solve a problem, and the language she proposed and sent in an email... Lehman: I think we all got copies of that. Fisher: You got copies of the email? Okay. Lehman: We just need your comments. Fisher: But basically the problem here is the City has, the City Manger has discretion, or the City Risk Manager has discretion to set an insurance amount, and even if the City Manager has the best of intentions not to make that decision based upon the content of who is protesting, that is impossible. For example, if you had the KKK marching down the streets of Iowa City, the City Risk Manager might set an insurance liability policy at a million dollars. If you had the March of Dimes marching down Iowa City, you know doing the march, they might set the liability policy at $10,000. Maybe the City Risk Manager would say "well I'm doing it based upon the number of people that would turn out, the amount of police fome that would be devoted, and state a whole bunch of content neutral factors. Still, that decision and that amount of discretion would be considered to be content-based. In Forsythe, basically what happened was you had a county determining what the permit fees were going to be, and the permit fees could be anywhere from zero dollars to a thousand dollars, and the county said for the KKK "okay, your permit fees are going to be $100", and the statute didn't delineate how they arrived at this, and the Forsythe court said well that's unconstitutional. You're giving the county too much discretion. Now I have a solution that I'm going to maybe put forth in that you can have a content-neutral insurance provision, but the way it might have to read is something like "if the event has more than 200 attendees for..." --- in the application it says if there's more than 200 attendees and food and beverages are going to be served, then they must This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #16 Page 32 procure a liability policy and insurance in the amount of $500,000. That would be a content-neutral insurance based statute, and there are a number of....I started reading through municipal ordinances...there are a number of municipalities that do it that way, and that would get you around your problem. As long as you vest discretion in someone to decide what it's going to be, you can put whatever language you want at the end of it, that they're only going to consider the first amendment, whatever it is, as long as you have that discretion, it's facially unconstitutional because there's a possibility, even if it's never actually done, there's the possibility that it might be unconstitutionally applied, even if it's never ever done, it's still unconstitutional, and that's what facial, it means to be facially unconstitutional. Lehman: You need to wrap up. Fisher: Okay. The second part that we're opposed to is Item 14, which is the indemnification requirement, and I've sited some case law, and the problem with the indemnification requirement is that it impermissibly places a burden on free speech. In other words, it chills people's desire to free speech. IfI want to march and now you're telling me that I'm responsible for any injury to any third person, suppose I march down the streets of Iowa City and I have something that's controversial and somebody rushes out towards me, slips in a pot hole and is injured. You're telling me that now I have the burden of indemnifying either the City if they pay through their insurance policy, however that may be based. Courts have held that indemnification requirements are unconstitutional because the City does not have a compelling interest in what's called "perspective injuries". In other words, injuries they don't know that are going to happen. One court, and I'm not going to site the case, said that basically there are other ways to do this. Either by criminalizing acts, or by the alternative means that are constitutional. I think....based upon what I've researched that this would have a chilling effect that is not constitutional. That it should be removed. I think both are fairly serious violations of the United States Constitution, and I think that certainly the insurance one can easily be changed to make it constitutional. Thank you. Lehman: Thank you, Eric. Further discussion of the amendment? Dilkes: I'm not going to go into analysis of the case law. I don't think....unless you want me to. Lehman: Well I guess the only question is are you comfortable with the amendment? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. //16 Page 33 Dilkes: I'm very comfortable. As I told Eric today, I think he and I just have a fundamental disagreement and I'm comfortable with the way the ordinance reads. IfI can just give you a very small example, the United States Supreme Court in 2002 upheld the Chicago Park District permit ordinance, which included both an indemnification and an insurance requirement. The argument was made in that case that waiver provisions which allowed an administrator to waive certain requirements of the act was unconstitutional because it allowed that administrator to favor some speakers and not favor others. The court rejected that challenge and said that is not a facial problem with the ordinance, on its face. That's a problem with the ordinance as it's applied and if it is used in a way to favor speakers, or disfavor others, it can be challenged on that basis, but it is not invalid on its face. I think Eric is making very similar arguments in response to our insurance and indemnification provisions. Lehman: Okay. All in favor of the amendment as presented, signify by saying "aye". Those opposed? The amendment carries. I...do we need a re...need the person who made and seconded the motion for second consideration would they be amenable to having that changed to a first consideration motion? Wilbum: Yes. Karr: It was Wilbum and O'Donnell. O'Donnell: Yes. Lehman: Okay, so the motion now is for first consideration of the ordinance as amended. Is there any further discussion? Bailey: I'm going to support this first consideration reading and, Eric, as I indicated to you, I'm willing to discuss this further and I'm sure that I'll be in contact with Eleanor to begin to understand this better, but I think this could move it forward and we can have further discussion. Lehman: Roll call. Motion carries. Karr: Motion to accept correspondence. O'Donnell: So moved. Wilbum: Second. Lehman: Motion and a second to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #17 Page 34 ITEM 17. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," AND TITLE 10, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," SECTION 2, ENTITLED "PROHIBITED ACTIONS IN PARKS AND PLAYGROUNDS" TO ALLOW FOR THE SALE, POSSESSION, AND CONSUMPTION OF BEER AND WINE UNDER LIMITED CIRCUMSTANCES IN A CITY PARK, ON PUBLIC RIGHT-OF-WAY, OR ON A CITY GROUND, EXCLUDING CITY BUILDINGS, PURSUANT TO A WRITTEN AGREEMENT WITH THE CITY (SECOND CONSIDERATION) Vanderhoef: Move second consideration. Bailey: Second. Lehman: Moved by Vanderhoef; seconded by Bailey. Discussion? Skinstad: My name is Anne Skinstad. I am a faculty member in the College for Public Health, Department of Community and Behavioral Health, and I'm also an alcohol researcher. And I have very serious concerns about allowing expansion of alcohol consumption in public places like City Park, and it seems like a very small thing to do, to expand it, to be associated with the Shakespeare Festival and the City Park. However, it sends a very clear message that we have research to show, is negative. What we are trying to do in Iowa City with the ordinance of last year, is to reduce access to alcohol, and here we expanded. Every research program that is successful when it comes to prevention of expansion of alcohol problems is reduction of consumption. So I would really urge City Council to reconsider, and think about what kind of message it's sending when we at the same time are trying to reduce access in the City of Iowa City. Lehman: Thank you. Other discussion? Roll call. Motion carries 6 to 1; Lehman voting in the negative. Wilbum: I invite the woman who spoke up at the dais there to, when the Council revisits the existing 19 and under ordinance to please come then and express some concerns. I think when you're talking about access, that is probably a greater impact than what this is talking about doing, in my opinion. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #19 Page 35 ITEM 19. CONSIDER AN ORDINANCE AMENDING THE CITY CODE, TITLE 14, "UNIFIED DEVELOPMENT CODE, CHAPTER 1, "STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY," "ARTICLE A. STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY GENERALLY", SECTION 14-1A-6, "MAINTENANCE OF PUBLIC RIGHT OF WAY", TO IMPOSE LIABILITY ON ABUTTING PROPERTY OWNERS FOR FAILURE TO MAINTAIN ALL PUBLIC RIGHT OF WAY LOCATED BETWEEN TIlE EDGE OF TItE STREET OR CURB LINE AND THE PROPERTY LINE (FIRST CONSIDERATION) Vanderhoef: Move first consideration. O'Donnell: Second. Lehman: Moved by Vanderhoef; seconded by O'Donnell. Discussion? Elliott: Does this mean that the property owner can do with it what he or she wants to do, unless it impedes the flow of traffic? Champion: No. Lehman: They'd still be subject to all the other ordinances we have. Vanderhoefi Yeah. Elliott: For instance, signs. If you have responsibility for that area, why do you not have the responsibility for putting signs there if you'd like to? Lehman: We prohibit that, signs on public property. Elliott: Seems like a one-way street to me. Lehman: No, no, no, no. I think the City owns the sidewalk too, is that not correct? Dilkes: Right, but... Lehman: Right, we have to put the sidewalk in and you have to maintain it. Dilkes: The maintenance obligation, both by state code and by city ordinance, for years and years, has imposed the maintenance obligations on the abutting property owner for the sidewalk and for the parking area. That's why we do our sidewalk notices that require people to repair their sidewalks, that whole kind of thing. We have a number of ordinances, as Regenia mentioned last night, that deal with what you can and can't do in that area, you know, what we...need a permit to plant a tree, and that kind of thing. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #19 Page 36 None of that is really changed by this ordinance. What this ordinance does is simply place, or attempt to place the liability with the party that has the maintenance obligation. Elliott: Excuse me. I understand the legality but I don't think it still makes it right. I mean, the City says it's my responsibility but ifI want to do something, the City says I can't do it. I understand, it doesn't need to go any further than there, but at least to me it's not right. Lehman: But we also say... Elliott: If it's my responsibility and I wanted to put a sign there, I ought to be able to put a sign there. Lehman: Well we also say you can't park your car in the grass in your front yard. Elliott: And I've been wrong before. (laughter) Lehman: You'll move your car, right? (laughter) Other discussion? Dilkes: The simplest, the simplest example is as Dee mentioned last night, is somebody who has a gap in their sidewalk from one square to another that's this high, and will not fix it despite our request that they do so, and someone trips and falls on that, and it seems logical to us that it should be the person who failed to repair it. Lehman: Even if we have not requested that they repair it, and someone falls, they are still liable. Dilkes: We'll make that argument. Lehman: Right. Okay. Further discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #20 Page 37 ITEM 20. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE DUBUQUE STREET / FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT Vanderhoef: Move the resolution. O'Donnell: Second. Lehman: Moved by Vanderhoef; seconded by O'Donnell. Discussion? Champion: This ~vill be nice when it's done. Lehman: Really nice. Roll call. Motion carries. Vanderhoefi Just a note, so people don't get overanxious. The way I read the capital improvements, it will not be started until next construction season, next summer. Atkins: I don't think so, Dee. (several talking at once) Knoche: We're currently looking for a July letting on this project so it'll start this fall. Vanderhoef: A letting? So it'll still start this fall. Knoche: Yes. Vanderhoef: Oh, good. I thought I read... Atkins: It might not be finished. Vanderhoefi Well that's true. Early snow can do anything to us. (laughter) Lehman: We'll just be sure that we have detours during football season. (laughter) Wasn't funny --- I'm sorry. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #22 Page 38 ITEM 22. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 79-462 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION FOR THE ESTABLISHMENT OF A SENIOR CENTER FUND FOR THE MANAGEMENT OF GIFTS, MEMORIALS, AND FUNDRAISING REVENUE TO THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER Lehman: We've been asked to defer this one to .... Bailey: Indefinitely. Lehman: Before we do the indefinitely, I was...received a call today from the Chairman of the Senior Center Commission. There is some time sensitivity to this...not that we can't meet the time frame, but they would like very much for us to be able to vote on this at the first meeting in May. So if we have our concerns at the next work session, Eleanor, would two weeks time be long enough for you to give us an opinion so we could perhaps move forward? Dilkes: Yeah I think so. Bailey: Can we also have the Chair and the staff at the next work session? Lehman: They will be at the next work session. Atkins: I talked to Jay also and encouraged him to be here. Lehman: All right, so... Vanderhoef: Move to defer until first meeting in May. Lehman: Okay, we have a motion to defer. O'Donnell: Second. Lehman: We have a second. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #23 Page 39 ITEM 23. CONSIDER A RESOLUTION APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 4-ACRE PARCEL OF LAND EAST OF IOWA CITY ADJACENT TO LOWER WEST BRANCH ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME Atkins: Ernie, may I interrupt a moment? Lehman: You certainly may. Atkins: That was a deferral to May. I think you meant to defer... Lehman: First meeting in May. Karr: May 4th. Atkins: The work on this is in the April meeting though. Kart: The work session is April 19th. Atkins: Fine. Lehman: The resolution is the portion that we deferred. Champion: I don't think it's as complicated as they're trying to make it. Atkins: You're probably right. (laughter) Lehman: Probably not, most things aren't...(reads Item 23). Champion: Move the resolution. Vanderhoef: Second. Lehman: Moved by Champion; seconded by Vanderhoefi Discussion? Elliott: I need to abstain. I have a conflict of interest. Lehman: Okay. Let me just say that the amount that the City is proposing to pay for this property is below the assessed, the appraised value. Atkins: The appraised value, yes. O'Donnell: And the usage, Ernie, is for future location of water storage tanks. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #23 Page 40 Lehman: The time to buy it is now, before...okay. Other discussion? Roll call. Motion carries 6 to 0, with one abstention. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #24 Page 41 ITEM 24. CONSIDER A RESOLUTION APPROVING THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS (ECICOG) REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN Champion: Move the resolution. Wilburn: Second. Lehman: Moved by Champion; seconded by Wilburn. Discussion? Bailey: I noticed in this that there is once again the goal of increasing recycling for multi-family housing, which was a previous goal, and I would like to encourage us to do more about that beyond encouraging multi-family dwellers to simply use our drop sites. Atkins: We very much agree with you on that. Lehman: Steve, is this something our recycling person would be... Atkins: ...there are very few changes; this is something that ECICOG does on our behalf. I've asked that they prepare, and I should have it for you within the next meeting or two, a list of projects that we have pending that we will be proposing out of this plan. Lehman: Okay. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #25 Page 42 ITEM 25. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF TItE 2004 ASPItALT RESURFACING PROJECT Lehman: We received one bid from the L. L. Pelling Company of North Liberty for $374,126. The estimate from Public Works Engineering was $369,000. Public Works is recommending awarding the contract to L. L. Pelling Company. Vanderhoef: Move the resolution. Wilbum: Second. Lehman: Moved by Vanderhoef; seconded by Wilbum. Discussion? Champion: What is this project, Steve? Is this .... Atkins: This is Rochester, Morningside... Champion: It's not just pot holes? Atkins: No. Knoche: This will be Rochester from Seventh into Governor Street, and Momingside right by City High School. There is some areas in the City Park area that have some parking lots that they want overlay, and also some area in Oakland Cemetery that they want overlay... Atkins: Ron, is this strictly overlay or...is there some reconstruction as well? Reconstruction meaning much more substantial than an overlay. Knoche: The majority of it is just overlay, but we will mill out the Rochester and Momingside with some curb and gutter replacement. Atkins: Okay. Lehman: Okay. Further discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #27 Page 43 ITEM 26a. CONSIDER RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF NOT TO EXCEED $5,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A, NOT TO EXCEED $11,395,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004B AND NOT TO EXCEED $16,385,000 SEWER REVENUE REFUNDING BONDS, SERIES 2004, AND APPROVING ELECTRONIC BIDDING PROCEDURES Vanderhoefi Move the resolution. Champion: Second. Lehman: Moved by Vanderhoef; seconded by Champion. These are refinancing existing debt, is that correct? Atkins: That's correct. Lehman: Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #27 Page 44 ITEM 27. CONSIDER A MOTION APPROVING A TENTATIVE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY FOR A COLLECTIVE BARGAINING AGREEMENT TO BE EFFECTIVE JULY 1, 2004, THROUGH JUNE 30, 2005 Champion: Move the resolution. Lehman: Moved by Champion. Bailey: Second. Lehman: Seconded by Bailey. This provides for a 2.5% wage increase. Discussion? Roll call. I'm sorry, all in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #30 Page 45 ITEM 28. ANNOUNCEMENT OF VACANCIES Lehman: (reads vacancies) Now, we have another proclamation. We didn't get it at the beginning of the meeting but we're going to get it at the end. (reads proclamation for Alcohol Awareness Month) Kan': Here to accept the proclamation is Anne Skinstad. (applause) Skinstad: It's a pleasure for me to be able to accept this proclamation and I do it on behalf of a group of coalition, community coalition, consisting of community-based treatment centers, University of Iowa, the University of Iowa Athletic Department, and we do this every year because we are very concerned about underage drinking and underage drinking is something that we see a lot in Iowa City. Unfortunately we are not the only state in this region. The upper Midwest has this as a general problem. What we have are a number of programs that you will have access to during this upcoming month. People will be able to get assessment of their alcohol problems anonymously at MECCA is they so choose. We will also give that opportunity for students every Thursday, from this week on, in different places on the campus. We are trying to make it possible to listen to some of this on radio and we will also try and do it in sermons in select churches. So you will hear from us during the month of April, and this is very nice that we can focus on alcohol abuse this month. Thank you. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #30 Page 46 ITEM 30. CITY COUNCIL INFORMATION Lehman: Robert? Elliott: Couple items....in Human Rights, I'm going to read this because I think it's rather important. In the Human Rights Commission minutes of February 24, Commissioner Paul Retish is quoted saying 'we may need a more balanced commission, including those who don't view things as we do', he said. 'We would make more progress if we knew what other people are thinking and they might have more of an impact on change.' And I just call that statement to the attention of my fellow Council members and other Commission members. I think that it's a good thought. Happy day on Dover Street last week. A young lady that my wife and I saw grow up from a little child and become a wonderful mother and her two little daughters, saw their husband and father come home from Iraq. Whole, safe and home. It was a great day on Dover Street. Lehman: Connie? Champion: Well my news isn't quite as much fun as that, but I'm wondering....what I would like to see done, I would like to see it as a matter of policy if anybody else on the Council is interested. When we approve negotiations for salary, what is that called? The collective bargaining agreements. I would like, now-, I would like not that it's just going to be this 2.5% pay raise. I would like to know what this employee is costing us more than last year, because we know it's more than 2.5. If there's a pay raise you're paying more Social Security. Since our benefit package is so good, I'm sure they've gone way up, and I think we ought to know as a Council and we ought to know as a public, on what....how much more this employee is costing us this year. I don't know if anybody else is interested in that, but I think it'd be a very good... Lehman: Connie, I think...you know last night we alluded to the fact that we may have some discussions, work sessions, on special topics, and I think last night, Dee, you brought that up and obviously you've mentioned it for the last two years, and that has got to be a long (TAPE ENDS) Champion: But I mean, what I'm talking about isn't a difficult, long thing. I just want to know how much more this employee is costing us. The fact that we might think about setting limits on that benefit package tax, that's much more complicated. Lehman: Okay. Elliott: I think it's important when we talk about not just salary, but talk about total compensation. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #30 Page 47 Champion: Exactly. Atkins: We are prepared to provide you with that information, and I had understood that you wanted to have at least bat around some policies and how we might want to address it some time in the future. It's really a mar[er of...Ernie, we'll get with you and get it scheduled because we're prepared to bring that to you. Lehman: Mike? O'Dormell: Well as Bob mentioned, it was happy day on Dover Street and for that matter, for the whole county. I went out to the Coral Ridge Ice Rink and watched as 109th came home from Iraq, along with about 3,500 other people. It was incredible. There were fathers who got to pick up their babies for the first time, and mothers who got to hug their children after over a year's absence. But it was an incredible thing out there, and it really doesn't matter which side of the war you come down on, the people have bonded together to support these troops, and it really is an incredible....it was an incredible honor to be there. That's all I have. Lehman: Dee? Vanderhoef: Last Saturday, Bob joined me, we were invited to the inauguration of the new student senate president and vice president, Lindsay Schutte and Jason Shore, and they gave their thoughts and hopes for this coming year, but what was very interesting to me was the speeches given by the outgoing president and vice president, Nate Green and May Rose Wagman, and how they have changed over this year. How they have grown. I must say that Nate had very kind words to offer about working with Mayor Lehman, and what he thought, it was terribly important to be working with the City. Offered up that the first item on the agenda probably in the fall for the new group will be to discuss the alcohol ordinance, and he had already mentioned that he went through a list of his things that he enjoyed and accomplished, and things that he didn't enjoy, which was an interesting kind of list, but they're very, very nice young people, and I wish them well in their futures. They will be graduating, two of them will be graduating this spring, and I look forward to working with the new people for the coming year. Wilbum: Nothing tonight. Lehman: Regenia? Bailey: I just wanted to get some information -- as we develop the area off of, north of I80, off Dodge Street and Highway 1, I wanted to explore the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #30 Page 48 possibility of getting some pedestrian or bike routes over by 80 because I think we saw tonight there's a lot of foot traffic out in that direction. We know we have people walking and biking to NCS to work and getting a cost feasibility looking at that as we anticipate the north Dodge project, and further improvement of 180. Atkins: We've made that an employment center so I don't think there's any doubt (can't hear). Vanderhoefi Well we talked about it... Bailey: So if other people are interested I think we should look into that. I mean when we look at traffic, we have to look at all sort of vehicles, including bike and pedestrian use, right, Bob? (laughter) Elliott: Yes. Vanderhoef: ...and it's for both bridges actually, Dubuque Street and Dodge Street. Both need... Atkins: Ultimately the state and the feds are going to have a lot to say about it but ! suspect when they see the land use that occurs out there (can't understand). Vanderhoef: ...and it's growing. Bailey: And that's what we like to see so let's encourage that. Lehman: Two things, first I will have to say I thoroughly enjoyed working with Nate Green as well. He was a very bright young man, and I felt very anxious to work with the City of Iowa City on issues that directly affected the students, and some that probably didn't directly affect the students, but it was great and I look forward to working with Lindsay. I've not met Lindsay, but I think we started something last year that I'd like to see become a tradition where there is some really meaningful interaction between the student government and the City government because obviously we have a tremendous amount of things in common. Relative to the 109th, we have two City employees, I understand, who are back at work. Atkins: Not back at work yet. Lehman: Not back yet, but they're home and home safe. Atkins: Home safe, yes. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004. #30 Page 49 Lehman: I mean, that truly was....I was unable to be there. Had I been there and they asked me if I'd speak, there's only one thing I could have said and that's just "thanks". Tremendous sacrifice on those guys, and women's, part. It's great to have them back. Steve? Atkins: Nothing, sir. Lehman: Eleanor? Marian? Do we have a motion to adjourn? Second? O'Dormell: Moved. Wilbum: Second. Lehman: All in favor? Motion carries. We are adjourned. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of April 6, 2004.