HomeMy WebLinkAbout1996-12-17 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040.
AGENDA
C Tv Council M££TING
December 17, 1996 - 7:00 p.m. ,~~
Civic Center ~~_.
ITEM NO. 1
CALL TO ORDER.
ROLL CALL.
ITEM NO. 2 MAYOR'S PROCLAMATIONS.
ITEM NO, 3
a. Drunk and Drugged Ddving Prevention Month - Holiday Season 1996
Lights on for Life Day - December 20, 1996. ,~.
b. City. High Little Hawks Football Teem Recognition Day - December 18, 1996.
c. Community Fitness Awareness Week - Dec~'mber 16-2~, 1996.
CONSI~?R ADO;TIaO OF THE CONSENT CALE. A~A~R AS PRESENTED
OR AMENDED,
Approval of Official Council Actions of the special and the regular
meetings of December 3, 1996, as published, subject to corrections, as
recommended by the City Clerk,
b. Minutes of Boards and Commissions.
(1) Design Review Committee - November 25, 1996.
(2) Design Review Committee - December 2, 1996.
(3) Iowa City Board of Adjustment - November 13, 1996.
(4) Iowa City Civil Service Commission - December 2, 1996.
(5) Iowa City Histodc Preservation Commission - November 12, 1996
(6) Iowa City Library Board of Trustees - November 21, 1996.
(7) Park and Recreation Commission - November 13, 1996.
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#1a
Nov/Before we do the proclamations, I am going to read a short statement from the city
council. (Reads Mayor's Statement December 17, 1996).
Kubby/Excuse me, Naomi, we got something on our desk tonight from John Kenyon.
Nov/John will speak during public discussion.
Kubby/Okay.
Thomberry/Thank you, Mayor.
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ITEM NO. 2 MAYOR'S PROCLAMATIONS.
a. Drunk and Drugged Driving Prevention Month - Holiday Season 1996
Lights on for Life Day - December 20, 1996.
Nov/(Reads proclamation). We have Jim Linn here to accept this on behalf of our Police
Department. Our officer has decided not to say something. However, I am going
to say something. We have asked all city vehicles, police vehicles and others to
drive with headlights on throughout the day on Friday and I am asking everybody
else on the city council to do that also. We need to remind people about this.
Jim Linn (Accepts proclamation).
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ITEM NO. 2 MAYOR'S PROCLAMATIONS.
b. City High Little Hawks Football Team Recognition Day - December 18, 1996.
Nov/(Reads proclamation).
Karr/Madam Mayor, we have Jess Holland, Mitch Price and Coach Brown with us this
evening.
Coach Brown/I just like to say the athletes and students of City High School thank you
for this proclamation and it was very nice of you to do this. Thank you.
Nov/Your welcome. Congratulations to everybody.
Thornberry/I played for the Little Hawks but we weren't that good.
Nov/Now that you are gone, they are getting better.
Thornberry/That is a fact.
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ITEM NO. 2 MAYOR'S PROCLAMATIONS.
c. Community Fitness Awareness Week - December 16-22, 1996.
Nov/(Reads proclamation).
Peg McElroy Fraser/I would like to take this opportunity to say a warm welcome to you,
our marvelous city. It truly is our family and has made the 20th annual Parson's
Technology Hospice Road Races held on October 13 a wonderful experience. A
special thanks to you, Miss Mayor Naomi, for joining me in greeting all of our
participants at the start and Karen Kubby who was caught on camera greeting each
finisher with a beautiful flower on a remarkable beautiful day. And to all of our city
departments that participated. I would especially like to thank our Police
Department, Team 911 Fire Fighters and Team Iowa City Public Library. They
joined 161 teams in over 4,500 participants in raising $100,000 for Iowa City
Hospice and the agencies of United Way. Our top pledge winner, no surprise, was
out Number 1 fund-raiser, Ted Pacha, CEO of Hawkeye Medical Supply and thank
all of you who pledge for him who raised $11,201 and joined first place team,
Hawkeye Medical Supply in raising $14, 680. On behalf of the board of directors
of the Iowa City Road Races, the runners, walkers, wheelers, now swimmers, and
bicyclists, the fund-raisers and volunteers, I wish to award you this
commemorative poster by our artists Robert Pfingston. Robert is a senior designer
for Parsons Technology and this was framed, compliments of our good friends of
Henry Lewis. Naomi-
Nov/That is nice, thank you. Let's turn it to the camera. Thank you, Peg, that is lovely.
Fraser/Now it is time to start training for 1997. The race will be held on Sunday, October
19. You have 306 days to go.
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December 17, 1996
City of Iowa City
Page
q&-3~4
c. Setting Public Hearings,
(1)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
JANUARY 14, 1997, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE IOWA CITY PARKING RAMPS FACILITY UPGRADE, CAPITOL
AND DUBUQUE STREET RAMPS, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION.
Comment: This project consists of general upgrading of the Capitol
and Dubuque Street parking ramps including lighting improvements,
painting improvements, and surface finish improvements of elevator
lobbies. Total estimated cost preliminary cost of this project is
$200,000. Funding will be provided by parking fees. Staff
memorandum included in Council packet.
d. Permit Motions and Resolutions as Recommended by the City Clerk.
{1) Consider a motion approving a Class C Liquor License for Iowa City
Entertainment, Inc., dba Union Bar, 121 E. College St. (Renewal)
Consider a motion approving a Class C Liquor License for Gasthaus,
Inc., dba Jirsa's, 819 1st Ave. (Renewal)
(31
Consider a motion approving a Class C Liquor License for Yen Ching
Restaurant, Inc., dba Yen Ching Restaurant, 1803 Boyrum St.
(Renewal)
(4) Consider a motion approving a Class C Liquor License for Gabe's
Inc., dba Gabe's, 330 E. Washington St. (Renewal)
(5)
Consider a motion approving a Special Class C Liquor License for
Pizza Hut of Amedca, Inc., dba Pizza Hut ~402041, 127 Iowa Ave.
(Renewal)
(6) Consider a motion approving a Class B Beer Permit for Pizza Hut of
America, Inc., dba Pizza Hut ~402005, 1921 Keokuk St. (Renewal)
(7) Consider a resolution to issue a Dancing Permit to Gabe's, 330 E.
Washington St. and Union Bar, 121 E. College St.
City of Iowa City
MEMORANDUM
To: Mayor, City Council and General Public
From: City Clerk
Date: December 16, 1996
Re: Addition to the Consent Calendar
3 d. (8)
Consider a motion approving a Class C Liquor License for S.G., Inc. dba Commerce
Center Restaurant, 325 E. Washington St. (New)
December 17, 1996
City of Iowa City
Page 3
e. Resolutions,
CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION
OF CONSOLIDATED ANNUAL CONTRIBUTIONS
CONTRACT, RENTAL CERTIFICATE PROGRAM AND RENTAL
VOUCHER PROGRAM. PROJECT NO. IA022CE0025.
Comment: The Consolidated Annual Contributions Contract (CACC)
Rental Certificate Program and Rental Voucher Program combines
the 527 units of Section 8 Certificates and 350 units of Section 8
Vouchers. The Certificate Project Number IA022CE0025 is replacing
IA022CE0017 which expires June 30, 1997. This amendment does
not represent any new dwelling units for the Certificate program but is
intended to maintain the number of units in the program at the current
level. The total maximum Annual Contribution amounts for
Certificates will be increased by $12.725 to $2,252,872 for FY98.
The Voucher program is not changed by this Amendment.
(2)
CONSIDER A RESOLUTION AUTHORIZING THE ADOPTION OF
THE ALLOWANCES FOR TENANT-FURNISHED UTILITIES AND
OTHER SERVICES FOR THE IOWA CITY HOUSING AUTHORITY
PROGRAMS.
Comment: This is an update of current utility allowances used by
the Iowa City Housing Authority. HUD requires Public Housing
Authorities to review utility allowances annually. The last time
utility allowances were updated was July 1995. The Housing and
Community Development Commission recommended at their
regularly scheduled meeting on November 21, 1996, that the
utility allowance rate of increase be tied to the Fair Market Rent
(FMR), and that the Utility Allowance be increased by one-fourth
of the increase in the Fair Market Rent (FMR). Since most of the
Section 8 tenants do not pay water, the increase is being added
to the gas and electric allowance in order to benefit the most
tenants. Revised Utility Allowances will be effective
February 1, 1997. Staff recommends adoption of the Housing
and Community Development Commission proposed utility
allowance increase. This item was deferred from December 3.
Staff memorandum included in Council packet.
December 17, 1996
City of Iowa City
Page 4
(3)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND IOWA STATE BANK & TRUST COMPANY,
IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 1918
HOLLYWOOD BOULEVARD, IOWA CITY, IOWA.
Comment: Iowa State Bank & Trust Company has requested that the
City approve a Subordination Agreement for the agency at 1918
Hollywood Boulevard. On December 20, 1993, the agency of the
property received funding from the City through a Community
Development Block Grant (CDBG) for a total of $30,000. Iowa State
Bank & Trust Company is about to refinance a loan to the agency so
that the agency can obtain a lower interest rate. The new loan would
be at 8.5% payable in 5 years. The interest savings to the agency
would be $22,500. The appraised va!ue is $497,074 which provides
enough equity to cover the City's second lien position, which was the
City's odginal position.
(4)
CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO A'ITEST, A LICENSE AGREEMENT FOR THE TEMPORARY
USE OF PUBLIC PROPERTY AT 928-930 IOWA AVENUE FOR
THE ACCOMMODATION OF A FRONT PORCH OVERHANG AND
ENCROACHMENT ON THE IOWA AVENUE RIGHT-OF-WAY.
Comment: Gloria S. Walsh, owner of 928-930 Iowa Avenue, is
requesting the approval of a license agreement for the temporary use
of public right-of-way to accommodate a one-foot (1') overhang into
the right-of-way of the roof and deck of a proposed pomh to be added
to the residence on the property. Staff does not recommend approval
of the requested agreement, as public property cannot be put to
private use. This Resolution authorizes the execution of the
agreement necessary to facilitate the use of the Iowa Avenue right-of-
way to accommodate the proposed porch. Correspondence included
in Council packet.
(5)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR
CONSTRUCTION OF THE 1996 MAINTENANCE AND REPAIR
PROJECT CAPITOL STREET PARKING RAMP.
Comment: See Engineer's Report. Staff memorandum included in
Council packet.
(6)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR
CONSTRUCTION OF THE 1996 SANITARY AND STORM SEWER
PROJECT.
Comment: See Engineer's Report.
f. Correspondence.
(1) John Weber- pedicab insurance.
(2) Herbert W, Hethcote (F,I,R,S,T,) - Iowa River Corridor Trail
December 17, 1996
(3)
{4)
(5)
(6)
(7)
(8)
(9)
City of Iowa City Page 5
Casey Cook (F.I.R.S.T.) - Iowa River Corridor Trail
Dan Greenwald - TCI programming.
James Clayton (The Soap Opera) - University pedestrian bridge.
Shirley Wyrick (Downtown Strategy Committee) University
pedestrian bridge.
Gary Louis - traffic light at Melrose/West High School.
Laurie Robinson (Johnson County Historical Society) - City support.
Enoch and Mary Wood - Oakland Cemetery.
(10) Memoranda from the Civil Service Commission:
(a) Construction Inspector I
(b) Emergency Communications Dispatcher
(c) Housing Assistant
(d) Maintenance Worker I - Recreation Center
(11) Memoranda from the Transportation Planner:
(a) No Parking Anytime in 800 Block of Gilbert Court
(b) Bus Stop in 900 B!ock of North Governor Street
(c) Pedestrian Crossing on Melrose Avenue
(d) Designation of Handicap Parking Space at 722 E. College Street
(e) Parking Prohibition on Deforest Street Between Ash Street and
Franklin Street
urban renewal parcel. (previously
(12) CenterSpace Committee
distributed)
g. Applications for Use of City Streets and Public Grounds:
(1) Steve Breese (Jingle Bell Run) - December 7, 1996. (approved)
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ITEM NO. 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Nov/We have an addition to the Consent Calendar. A motion approving a Class C Liquor
License for S.G., Inc. doing business as Commerce Center restaurant, 325 E.
Washington Street. This is a new license and we have a request from staff to pull a
resolution on property on Iowa Avenue, front porch overhang for separate
discussion. So I would like a motion to adopt the Consent Calendar as amended.
Moved by Lehman, seconded by Thomberry. And is there any discussion?
Kubby/I have one item on page 2, c(l) which is about upgrades to our parking ramps d.t.
And I know we are just setting p.h. with this resolution but I wanted to give staff
some time to answer this question and the question would be figuring out the right
paint surface if we and when we decide to do murals in the parking garages to
make sure that we don't have to go back and spend more money to get the right
surface in certain areas.
Atkins/Sure, we will get an answer for you on that.
Kubby/Thanks.
Nov/Is there any other discussion? This is setting a p.h. for January 14, 1997 on an
estimate of cost and coreract for an upgrade in our parking ramp. Okay. Is there
any other discussion? Roll call- (yes). Okay, the Consent Calendar has been
adopted.
Item (4) which I deleted from our Consent Calendar is now available for
discussion. (reads agenda #3 e(4)).
Moved by Kubby, seconded by Norton. Discussion.
Baker/Question. If this is for a porch, how can it be a temporary use?
Kubby/Because we can make them take it down.
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Nov/Any use of the public r.o.w is temporary. We approved a one foot into public r.o.w.
for a restaurant last time.
Baker/Temporao, to me implied a set time. But conditional is a better word here?
Nov/Well-
Baker/! don't want to quibble about words but I was confused about the intent here.
Nov/The intent that we give them permission to use it until we retract permission is the
way I understand it.
Woito/That is right.
Norton/I have a question, Madam Mayor, about this item because it seems to me that
from what I read, that the two Commissions, the HP Commission and I believe the
Board of Adjustment, both have looked at this issue. Both of them, those bodies,
seem to be in favor of it and cited that there were a number of such extensions
already existing in that neighborhood. Indeed, that seemed to be the norm in that
region. Therefore I was confused when I see the staff. Is that Public Works that
opposes it on principle?
Woito/Yes.
Thomberry/They can't just automatically deed that property over. It is city property and
they can't give it away.
Norton/They hide their eyes while this passes.
Arkins/They have traditionally reconunended against this type of use. In order for the
council to make a case by case decision. Yeah, I think you are fight.
Woito/And Public Works does recommend against it because it is for esthetics only.
Nov/But we approved a similar private use of public property for a restaurant just two
weeks ago. They also encroached one foot onto the public r.o.w and we gave them
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permission to do that and had the contract written in such a way that we could
deny that permission whenever. It is our choice.
Woito/Yes, you have the authority. I just wanted to pull it out so that you knew what you
were voting on.
Nov/Okay, it is just that it is not routine enough to belong on the Consent Calendar and
that is why I am pulling it out.
Woito/Correct. Yes but it is your call.
Nov/And as we understand it, the other houses in that neighborhood that have porches,
do encroach into the r.o.w and they have been there long enough that they have
never added on and therefore requested permission.
Woito/They would have been there before the r.o.w. was delineated as we now know it.
Nov/Okay. Thank you for clarifying. Is there any other discussion? Roll call- (yes). This
motion carried.
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.December 17, 1996 City of Iowa City
ITEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Page 6
ITEM NO. 5 PLANNING AND ZONING MATTERS,
a. Consider a motion setting a public hearing for January 14, 1997, on an
ordinance amending the Zoning Chapter by changing the use regulations
on a 40.7 acre parcel located on the north side of Rohret Road, east of
Highway 218, from RS-5, Low Density Single-Family Residential, to
OSA-8, Sensitive Areas Overlay/Medium .Density Single-Family
Residential. {REZ96-0020) /_~~ ~
Comment: At its December 5 meeting, by a vote of 6-0, the Planning &
Zoning Commission recommended approval of the proposed rezoning
subject to conditions pertaining to the timing of the extension of the
proposed Shannon Drive north to the property line, the incorporation of
traffic calming techniques into the design of Shannon Drive, the
approval of a Grading Plan prior to Council consideration of the
rezoning, and noting that no specified number of dwelling units is being
approved for Lot 53, which will be the subject of a future rezoning
request prior to development. Staff recommended approval in the
November 21 staff report.
b. Public hearing on an ordinance vacating the north 12.5 feet of the F
Street right-of-way for a distance of 75 feet immediately west of First
Avenue. (VAC96-0002) ~;~~
Comment: At its November 21 meeting, by a vote of 6-0, the Planning
& Zoning Commission recommended approval of the proposed vacation,
subject to the retention of easements. Staff recommended approval in
the November 21 staff report.
Action:
# 4 page I
ITEM NO. 4. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/We are now on Public Discussion. This is for items that are not on the current
agenda. And John Kenyon has already asked to speak about this statement that 1
read earlier. So, please go ahead.
John Kenyon/Good evening. Thanks. (Reads statement).
Nov/Okay, John. I assume that we will send him a letter, Linda? We will respond?
Woito/I will respond, yes.
Nov/Thank you.
Woito/It is my understanding that we will not be going into executive session for
professional competency, evaluation purposes at this time. That is my
understanding.
Nov/Yes. We did say we were not going to discuss personnel issues at that time.
Woito/That will not be a ground.
Kubby/I don't know that 1 heard that explicitly last night when we talked. It may be that
the rest of you did. I mean, does everyone else agree ~.hat that is our
understanding?
Baker/I didn't hear it. I thought discussion- I don't have any problems with that approach
now but I thought the discussion last night was two reasons: pending litigation and
personnel matters. That is what I heard last night.
Norton/But we can separate them presumably.
Baker/1 don't have any problems with doing one just on the pending litigation issue and if
necessary, having a second one.
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Nov/We have not agreed to discuss personnel evaluation last night. We talked about
getting to the issues of policies first and then whether or not we would have
personnel evaluations come after that.
Kubby/Then why would we need or desire executive session in order to talk about
policies?
Woito/There are some matters that we will be talking about which may affect liability.
Lehman/Karen, the very questions that you asked involve personnd.
Kubby/I have just been told on February I we are not talking about those now.
Woito/Well, then I suggest that we use both sections just in case to cover you.
Nov/Just in case.
Woito/But I will respond to the Gazette. Thank you, John.
Norton/It might be possible to make the session into two sessions, too. So that there is an
open session and then you can move into some issues that are manifestly-
Nov/Our City Attorney has advised a closed session and so we will let her work on that.
Kubby/1 guess- The original memo brought this conversation to this point at this date was
done in an open fashion of the purposes that I really believe is much of the public
business that can legally be done in the public should be done in the public and I
guess one of the things that I will want to be talking about on February I is when
will the questions that we are asking be revealed to the public and when will those
answers be revealed to the-
Thomberry/Karen, we discussed that last night and when your questions, when all of our
questions have been submitted, then answered, then you can say what you want as
an individual. As a council with questions that you are asking as a council person,
as was discussed last night and you got the answer last night. If you are still
unhappy with what the answer was, that is too bad. But there were, I believe six
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votes anyway to do what we are doing and if you are still unhappy with it, that is
too bad.
Kubby/You don't understand. I am not expressing myself very well. What I am
suggesting is that I believe that when we are done with our February I executive
session, that one of the things that we need to talk about is bringing what we
talked about into the public realm as public officials, period.
Nov/Is there anyone who would like to speak to the council on an item that is not on
today's agenda?
Carol de Prosse/I would like to ask Dean Thomberry ifhe would consider or has
considered perhaps I would hope an apology for the remark he made last night at
the council meeting dealing with how citizens might be unhappy, I guess, with
punishments or whatever that might be meted out to police officers. I think you
have a matter of public record on this referring that some people may only want a
day and I am not particularly interested in repeating the rest of the remark. I just
would like you to know if you were aware you made it?
Thomberry/What are you referring to, Carol?
de Prosserf Apparently there was a discussion that took place at the council meeting after I
le~ that that was part of the citizens review board in which- ifpeople were
unhappy, citizen complainants were unhappy, with- I don't really want to call them
punishments. I wasn't here and I don't think you were calling them punishments
and that is not what they are called anyway. But were unhappy with the decisions
of the citizens review board, how they might apparently deal with that and it is my
understanding-
Thornberry/They could go to the courts where available to them.
de Prosse/Yeah. And so did you or did you not make a remark about what some people
to a police? And if you did not, you only need to tell me you did not and I will
accept that.
Thomberry/Did what, Carol? I am not going to get into a discussion with you on that.
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de Prosse/Did you make a remark last night saying that "or as the Shaws might do, shoot
a policeman" or something similar during the course of the discussion?
Thomberry/I don't believe I said the Shaws would shoot a policeman.
de Prosse/Okay, well then that's fine. I'll just check that out on the public record then and
se~.
Thomberry/You do that.
de Prosse/That's fine. Anyway, one of the things that I wanted to say until apparently
now I have a clue what's really going to happen at the February 1 meeting, but I
do appreciate the effort by the person from the newspaper who came down to ask
that it be conducted in public session. I guess I'd just like to talk about this article
slightly because when I first started out on tiffs whole thing, I started out thinking
possibly a terrible mistake had been made, and it's only through having pursued the
information that's been made public that I reached a different conclusion. And so
l'm very resentful when I hear some of you say that this decision has been made
flat out because I've yet to hear that any of you have really looked fully at the
information. On the basis of having fully looked at the information, decided that
there's nothing more to do here, and that's all I'm asking. And so when I read in
the paper that you have absolutely no questions on the police chief, none
whatsoever, I really wonder like what you're looking at and how you're reading
these reports because there's lots of questions there. It doesn't mean they don't
have answers and that the answers might please you or the rest of the council, but
there's lots of questions. There's lots of questions in my mind about why Troy
Kelsay really is still on the police force when you read what has happened that
night. No place ever ever have any of these people said that they were
investigating a burglary in progress which is continuously reported, was reported
again last night in the Press Citizen. Read this stuff. They were on burglary detail.
They were going around checking to see if doors of private businesses were
unlocked at night. He entered two of them that were dark and with his flashlight
went inside, checked around before he got to the place where Eric Shaw was
working. This raises a question in my mind. Why did a room with a light on bother
him? Nobody's asked him that. There are serious things raised throughout all of
this about this testimony that's been given. And if you went to the press
conference that Steve Arkins and ChiefWinklehake had, I'm very sorry, Chief
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page5
Winklehake might be the nicest person in the world, but I left truly believing he
didn't know what was going on in his own department. If he doesn't know what's
going on in his own department, he doesn't deserve to be the chief of police. That
has to be found out. Does he know or doesn't he know? And this document alone
much less all the complaints that were raised that first night when people by the
scores stood up here and had complaints about the Police Department need to be
addressed. If he gets through all ofthat, then we shouldn't fire him, exactly like
Karen Kubby said, and the same thing about Mr. Arkins. The only reason I'm mad
at Steve Atkins is because he said he didn't see any reason to fire Winklehake. I
don't think that was a responsible position of someone who's in charge of hiring
the chief of police, I suppose if I remember correctly with ultimate council
approval, it's not responsible work on a situation like this. I mean, there are
patterns and procedures in the Police Department that are clearly wrong and
someone is responsible for them. When you read this document, you don't even
know who gave- was Kelsay supposed to be working that night? According to this
document, he'd worked all day. He'd worked a concert that night. He'd gone back
to the Police Department to change his clothes and his pal said to him, hey, want
to go out on another burglary detail.
Thornberry/Carol, what is the purpose of your time? What is the purpose?
de Pressel Because you and people like you are saying that you see no reason to fire
anybody over this. Some of us want to know why. Some of it- That's a very good
purpose. You're right. Because we live in this town. We pay taxes in this town.
Thornberry/If you give us a chance to do this. That's what we're doing. (can't hear) jump
on the bandwagon.
de Prosse/No, no. You know that that's not true. That's not true. Why were you angry at
the way Karen asked her questions? You have said something like you didn't like
the way she asked her questions. Would you explain that to us then?
Nov/I think it's negative. And I don't believe in being negative.
de Prosso,./We're not trying to talk about being negative or being positive. We're trying to
talk about getting at the truth about what happened here.
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Nov/One can receive a truthful answer without being negative.
de Prossod I would say to you right now, I see three people lined up, you, Naomi, and
Dean, uh, Naomi, Dean, and Dee and it's like you three constantly somehow the
way you come out in the paper or information like that are like rooted in the
position that I don't get from the other four. And that doesn't matter. I don't
know. Maybe only one &you, none of you would vote to fire Winklehake or
anything. These things have got to be looked at. This was the death of an innocent
citizen in this community by the gun of an Iowa City policeman and I don't get the
feeling, Naomi, that you really read the information and looked at it, studied it and
asked any hard questions. You have never given me a different opinion. So you
think I don't have a right to come down here and be critical? You're always going
to solve it next week.
Nov/Carol. Shhh,
de Prosse/Next month. Eight weeks down the road.
Nov/You have said this more than once.
de Prosse/I know.
Nov/We have said more than once-
de Prosse/And you never do anything about it as a council body.
Nov/We are doing something. We are- We are not doing-
de Prosseg Okay. So what, just one more time, will you tell me in your own words what
you're doing on February 1 and I apologize. I'm sorry, but-
Nov/We will get to that on February 1. What we have said tonight is that we will be
investigating policies, procedures, training and that is all I can say tonight. This
investigation, this evaluation, will happen. That's all.
Lehman/Carol.
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Nov/I think you've used your five minutes, Carol.
Lehman/Carol, I really believe that there will be a very honest effort made by just council
to have whatever questions we have that are not answered at that February 1
me~ting. And there will be questions. And I think that we owe it to you and I think
we owe it to the people of this community to come up with- You know, I think we
have at least we've reached a preliminary conclusion, but I think with the
comments that have been happening since, we owe it to you. We owe it to the
community to take a more thorough look. Ifwe come up with the same
conclusion, we do. But I think we have the obligation to ask the questions, to get
the answers, and we'll do that.
de Prosse/Okay, if you'll just let me ask a couple of quick questions and I do apologize.
The issue is obviously a very emotional one, so I'm sorry. I'm not sorry that it is
an emotional issue with me. I'm sorry I let my emotions get out of control when I
address the City Council. Who besides ChiefWinklehake would have the
authority, if it should be decided that Troy Kelsay should be relieved from the
department for his role in what happened that night. I won't pre-judge that any of
you have got a decision made in your minds that he shouldn't be. I'll assume that
you're open to exploring the facts and so forth of the case. Ifthat should be
decided, who besides ChiefWinldehake would have that authority? Okay. And so
and then who has the authority to fire ChiefWinklehake if something should
happen, God this is a little creepy, but if something should happen to Steve Arkins
and he wasn't able to carry out his duty, got sick and was in the hospital or
something. Okay. So it would be Dale Helling. And then who has responsibility to
fire either Mr. Arkins or Mr. Helling if they didn't- Okay, the City Council.
Nov/The City Council.
de Prosse/So the ultimate authority rests with the City Council and that's all that I have
been pleading for these many weeks is not to put it, these questions in the hands of
a Citizens' Review Board that is weeks and months done the road, so if you're
really going to start it on February 1, I'm not sure you're really going to start it
but-
Nov/Carol, we are really going to start the evaluation now. It will get to the City Council
discussion on February 1.
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de Prosso,/But you've already stated that you personally don't believe that Chief
Winklehake should be fired. I mean you already made an opinion. You have an
opinion in your mind.
Nov/Well, we have other people who have disagreed with my opinions. Certainly I'm
entitled to an opinion.
de Prosse/Ifl felt that you were making an opinion on the basis of one that ! as a
constituent of yours could understand, I would feel differently.
Thomberry/I don't think you are a constituent.
de Prosse/I am a constituent.
Thornberry/Where do you live?
de Prosse/I still pay-
Thomber~/Where do you live, Carol?
de Prosse/I live in Lone Tree.
Thornberry/Lone Tree.
de Prosse/But I own property on College Street and I pay taxes to the tune of more than
$2000 a year.
Thomberry/But you're not even an eligible voter.
de Prosse/To Johnson County. No I'm not any more an eligible voter. But I am a tax
payer. And even if wasn't a tax payer, I'd be down here.
Thomberry/I'm sure you would.
de Prosse/You bet I would be. It's a moral issue.
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Kubby/It's more than Carol that senses a frustration in terms of the time frame. I mean for
a while we were waiting for the DCI report. And then we were waiting for the
County Attorney's decision about filing charges or not. And then we were waiting
for litigation or a claim to be filed with the city and so there has been these reasons
or rationales that we have used to say we have to wait to decide what to do and I
have sensed that kind of frustration in many sectors of the community. Maybe not
a majority because the majority never talked to me about anything so I can't use
that as a guide or I would be paralyzed. So I understand that sense of frustration.
And that's what caused me to want to write my memo and to not have it become
confidential, to try to bring it for discussion and that we will have discussion. And
now we need to decide to how far will that discussion go. What will be the topics
of discussion which I wasn't- We just had slightly different understandings and
maybe it's just about a time frame about when we're going to talk about what.
And when will things become a matter of public record, and those issues are very
important to me.
de Prosse/I appreciate those comments and I certainly appreciate your having opened the
area up and I essentially think it was at least in my eyes a great Press Citizen.
Thornberry/I don't think, Carol, that you would actually want us to prejudge anyone
before being given a full hearing.
de Prosse/I already hear people getting supposedly complete support. I consider that pre-
judgement. I don't think ChiefWinklehake should be fired is a pre-judgemcnt in
my mind. I would much prefer to hear all of you saying, there are possibly reasons
that he should and possibly reasons that he shouldn't and we want to look at them
all and see what was going on in the department, whether he was running his
business the way he should be running it.
Thornberry/I think we should back up the people that work with you until it's decided or
shown that they shouldn't be backed up.
de Prossed What?
Thornberry/Hello.
de ProsseY Yeah.
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Thomberry/If you- How many people- It's very difficult when I talk with somebody that
doesn't have employees or people who work with them closely to not, to explain
that I give my full endorsement to my people all the time until they show me that
they don't deserve it. And that's exactly what I and some, most of us on the
council, are doing. We're giving complete support to those in the city and
administration until they have been shown, until it has been shown that they don't
deserve our support. Until that happens, I will support them.
de Prosse/But nothing you've read to date in any of these reports has indicated that you
should've started something as a council sooner about whether or not they were
doing their jobs correctly? There's nothing here? Have you read this? Have you
read it with an inquisitive mind asking yourself what happened that night? How did
this innocent citizen sit in a room where he's gone every, you know, four or five
nights a week for eleven or twelve years with the light on and wound up dead at
the gun of one of our policemen? It's not saying that all policemen are bad or
anything. It's saying what happened that night.
Council/(All talking at once).
Nov/We're looking at it.
Thornberry/We are looking at ever3nhing that has happened and that's the reason for our
meeting, the reason for the DCI. That's the reason for all things that we're doing
and until this is completely done.
de Prosse/Well, it only seems to me (can't hear).
Thornberry/That's what we're going to do.
Nov/Carol, We understand, but we can't say anything more tonight.
de Pross~ You know, Naonfi, people in this community, many of them to whom I speak,
don't really believe that you have a clue as to what's going on about this thing. I
mean you're, you know, an intelligent woman, but you don't betray or project the
sense that you have the vaguest understanding of what's going on.
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Thomberry/Carol, Carol, Carol.
Nov/(Can't hear)
de Prosse/And some of you need to think about that. It's like when the women from P/Z
and parks came down last night. Some of you are too quick to defend yourselves,
so just listen to people sometimes and then go home and mull that over. And
citizens have a right to mad at their elected representatives because we are mad
sometimes.
Baker/Naomi, I know that some of you would prefer that nothing else be said on the
subject tonight, but I do want to say something because I disagree with the
majority of the council. And l'd like to express that disagreement tonight. I said it
last night in a mumble jumble form. And it has something to do with what Carol
has alluded to in previous discussions and tonight as well. The majority of council
is going to initiate an investigation, the series of questions about policies and
procedures leading up to and relevant to the Shaw shooting. that's fine. I would
have preferred that that discussion and that investigation be part re'the work of the
Citizen Review Board. I think in the long ran, it would have had the greater impact
and more credibility. I don't disagree- I don't think that we're making a grievous
error by doing this ourselves. It accelerates answering questions that we've had
that I assumed we that we we're going to answer eventually. But what I'm afraid
of, is that if we don't reach a conclusion that has already been reached by other
people as well, that is that the City Manager and the Police Chief should be fired,
then this investigation itself will be seen as nothing more than a whitewash. Just an
internal xvhitewash. That's the worst case scenario I see coming out oftlfis. I think
the advantage is that the majority of the public and hopefully the great majority of
the public will see that those questions that have been in the backs of our minds for
many months and I think Dee Norton and Karen and other people raised questions
the first week. I know Dee gave a long list of questions to the City Manager. I
gave a list of questions to the City Manager. The questions are not new. The way
we're going about answering them is not a way that I'm completely comfortable
with because I think in the name of accelerating the process, we may potentially
undermine the credibility of the investigation. That's my fear. And I'm comfortable
doing it this way. I wish we had done it another way.
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Norton/I think it's just a risk we take, Larry. The time gets away from us and I just
wanted to add a couple of points. I won't belabor this. But everybody on this
council has given a good deal of careful thought and time and concern to the issues
you raised and they read the documents. Now we have learned a lot too in the last
few months. We've learned more every time. We've learned from listening to
people. We have indeed. And I think that the idea of leaving it to the review board
is going to be all right but that moves too far along, and therefore I think we've
reviewed it already. We need to 80 back and go over that again very carefully.
Start it with policies and procedures. And let our considerations of exactly what
went on and the great detail of the questions that I raised back in September. Let
those lead to whatever may happen. If it be done visdt-vis personnel, but not to
prejudge that matter. But I guarantee you that's where we're at and I kind of sham
Larry's concern but I think that we have to just proceed because otherwise it just
gets to far down the road.
Kubby/As well as it has never been dear that there was a fourth vote to have the PCRB
look at anything about the Shaw shooting. When they first talked about the PCRB,
there were not four votes and I never heard a fourth vote come forward to do that.
And so we may have waited for that to happen and then never had a fourth vote
and we would be even further behind in our responsibilities.
Vanderhoef/Here again, Karen, but there were not four votes to go ahead and do it.
Them was more sentiment on this council that it would be more credible if it was
done by a private body other than us. And that it would look like we were just
whitewashing what was happening. My first and only response was that I thought
that the buck stopped with us and it was our job to do this. And I was outvoted on
that and I have kept quiet waiting for that civilian board to do it.
Kubby/So you would've agreed to that if we wouldn't do it ourselves.
Vanderhoeff I asked for it.
Norton/But I think Karen's point-
Kubby/(Can't hear) my question.
Nov/There was a majority that said we would wait for the Civilian Review Board.
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Vanderhoef/That's exactly right. And I went along with that. And at that point until you
have that board in place, you can't have anything happen. Now months later, we're
seeing how long it's taking to get this thing in place. And we are back with, some
of us at least, advocated from day one.
Norton/Of course we also (can't hear)
Vanderhoe0' We needed to do this and we needed to do it now. The second option was
there was also the fact that rather than put together a whole civilian review board,
was to have an ad hoc committee right now with one task, give them guide lines of
what we wanted to see happen, and then turn them loose and let them do it and
report back.
Norton/That might have been wise.
Vanderhoel7 And that was not supported by four people on this board either.
Kubby/For whatever reason, because of timing, because of time, because things being
filed and reports being in, things have fallen and starting to fall into place to have
us be fulfilling our responsibilities. I'm glad we're moving forward in this direction,
and I hope that we do a good job.
Baker/And I've got-
Kubby/We're capable. We're very capable.
Baker/One more thing to say about the Civilian Review Board, not about this particular
issue, about the process of creating this board. I don't want anybody in the public
out there to come to the wrong conclusion about how fast we're doing this.
Considering the way that organizations work, making a major policy change,
creating a new commission, this has been a very quick process, putting this
together.
Nov/That's true.
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Baker/And we'll have this- It took us two years to, I've said this before, two years to do
a sidewalk care ordinance. We're doing this is 90 days we'll have the policy
established. I tell you for the board and by the spring the board should be in place.
It's a remarkably good time frame for something as complicated as this. So I know
we didn't want to mislead the public and think that we're dragging our feet or it's
taken too long. It's going very well. It's not going as fast as it's necessary
obviously to satisfy another problem, but the process itself for the work of the staff
and the council has been remarkable progress.
Kubby/And I don't say this very often about this council from my perspective, but !
believe the way to approach the PCRB in our discussions with each other at
informal meetings and the one time we had it at the formal meeting have been very
productive and positive discussions. And I don't know that- I wish we would more
often have that kind of process.
Thomberry/This is so important, Karen. It's such an important commission and it's such
an important board that I think we all have looked at this and asked some very
very difficult questions. And putting this together, we're working as a group, put
this thing together as a group.
Kubby/And I'm saying it's been a big job for us.
Thomberry/Not just complicated, it's very important. Their function will be very very
important. I did not write down a list of my questions of the police actions the
night that Eric was shot. What I did, I had my questions and went to the City
Manager and got answers to my questions. Some of them at that time. Some of
them he answered later. And I also went to the Police Department. I went to Chief
Winklehake and asked him my questions. I didn't publicly write down a bunch of
questions and hand them out to the media or everybody else. I had questions that I
wanted answers to and I went and got the answers. So I was satisfied eventually 1
got my questions answered. But I will ask, Karen, have you gone to Chief
Winklehake and asked him your specific questions and how early did you do that?
Kubby/l've asked ChiefWinklehake a number of questions, some of which I've gotten
answered.
CHANGE TAPE TO REEL 96-149 SIDE 2
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Kubby/And those were the ones, the ones that there aren't full answers for that I will add
to my list.
Thomberry/When did you go to ChiefWinklehake's office and ask him questions
regarding that incident?
Kubby/I can't give you dates and I am not going to go through- If you would like to look
through my calendar, you may. But it is rather insulting and I am not going to
answer your question about that. I have talked to Winklehake. I like to do the
public business in the public. 1- Things weren't moving along. I chose my way of
doing things.
Thornberry/Things have been moving along. Larry just said things have been going very
very quickly.
Kubby/With the PCRB, I agree. But not about some of these other questions. You have
your style. I have my style. Sometimes-
Thornberry/My is private. Yours is public.
Kubby/Sometimes they mesh and-
Nov/Okay, okay, may we move on?
Norton/Yeah.
Nov/Please.
Lane Wyrick/I am an Iowa City resident. I grew up in Iowa City and went to the City
park fireworks every year and it was a really great situation. We would go out to
the City Park, sit in the grass and have a picnic and play Ffisbee and everything and
it was like a great tradition where the whole community got together. I moved to
Los Angeles for 3 1/2 years, came back, and found that the fireworks had been
moved to the airport. And I was like what? I can't believe that this has actually
happened. So I thought someone should do something about this. I wrote a letter
to the Press Citizen this spring and people started responding to this. I got a
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petition together and I got over 500 signatures of people, just approaching them
over three days, d.t. Iowa City, just approaching people randomly. And so I
thought well, I will approach the Jaycees to find out what their response is to this
and they rejected the proposal to have fireworks moved back due to safety
reasons. That they said people wanted a bigger show with larger explosions and
that is why they had to have it at the airport. Fireworks, I am sure you all probably
know, fireworks at City Park happened for 50 years and in '93 it was due to
flooding that they were moved to the airport and they just never moved it back. So
after the 4th of July I was kind of disappointed but people were calling me up and
saying you know, we really think fireworks should be at City park. The Jaycees has
continued to say they want fireworks at the airport and so through the
encouragement of other people I thought that well, maybe there is a possibility that
we should approach people and find out exactly how this happen. Have an
alternative event, one having airport fireworks and having City park fireworks. So,
and then I saw it could be more of a possibility because of the sesquicentenniat
event. There were fireworks at City Park. It was an excellent show. It was
electrically timed by a professional named Dan Miller and he did it within the
regulations that were necessary. You know, to use 6 inch shells and smaller. But
he did a really excellent show because of variety of the fireworks and the quantity,
not just a big explosions that were necessary. So I have been talking with him and
with other business leaders and I think that we have a compromise, a way that we
could have two events happen and I would like to have Daryl Woodson explain
our proposal which I think Police and Fire and Jaycees will find as an adequate
compromise.
Daryl Woodson/I think you have in your packets a letter that I sent to Steve and Steve's
response and one of Steve's big concerns in that letter was proposing to have two
shows on the same night, one at the airport and one at the City Park and not have
enough security for both shows. We kind of looked at the cost of if someone were
to provide a second level of private security, hiring off duty officers or something
like that. It would, of course, necessitate more insurance and more cost. And since
we are looking at something that is very much a community based event, not a
very large budget, adding to the budget would be something that might be difficult.
So in talking with many people, we are proposing now that we have a show on the
3rd of July at City park which would not directly compete with the Jaycees, would
eliminate the concern of having to provide security for two shows on the same
night and would accomplish the purpose of moving fireworks back into the park.
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Dan Miller, the gentleman that Lane has talked to, is very professional show. The
Fire Marshall said he saw both shows that Dan did at the park at Hancher for the
Sesquicentennial and he also did the Homecomin8 Show at Hubbard park which
was what is called a close up show, where you shoot offflreworks very close to
the audience and we think- He can comply with the regulations. He assures us he
can put on a very good show. His shows are timed sequenced fired, not somebody
walking around actually lighting each piece of fireworks. 3red he is very heavily
insured. We think we can do a show, do a good show. We can raise the money on
a community base level from individuals. We already have some people who have
pledged money if we get an organization going. And ! guess our question now is
where do we go from here? Is there enough sentiment for us to move forward and
try and do this? Or do we-
Baker/Daryl, have you given up on the 4th as the date?
Woodson/Steve's concern was that we couldn't provide security for two shows on the
same night and if that is the case.
Baker/But if we can't provide security for two shows, would we have to make a choice?
They both have to have security before they can happen7
Arkins/the question, Larry, was we cannot police two shows simultaneously. If as Daryl
and Lane are saying, that you have one on one night and one on the next, it is
really a matter of scheduling that. As long as we know in advance, then we can
schedule the personnel to cover. It is just a number of human beings to be able to
direct traffic in and around.
Baker/It is not a case of them having hiring extra police or off duty policemen.
Arkins/There would be an additional cost to us. To us in the sense of the city with respect
to the personnel that you might have to bring in. We need to know as early as we
can because it is the summer time, it is vacation, it is just a matter of scheduling. If
you said you want to have two shows, one on the 3rd, one on the 4th at two
location, two separate locations, I don't doubt that we could accommodate that. It
is just the number of people at the same time.
Baked I would rather have one show on the 4th in the Park.
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Arkins/Oh, well, then I-
Norton/How would the Jaycees-
Arkins/I think you have to talk to the Jaycees about that.
Norton/He talked to the Jaycees and they weren't very happy about moving back to the
park I take it.
Wyrick/They didn't believe- The current person they are having do their fireworks, he
believed that larger explosions is what people want and not like smaller and more
intricate. You know, you need a variety of explosions and you know, I believe it is
the setting and they believe that it is basically- Well, they are going to shoot off
these pick 16 inch shells which cost $450 each that they are going to have to do
that at the airport and so.
Norton/Low show and a high show.
Wyrick/It is a different style.
Council/(All talking).
Thomberry/Is your show more like the sesquicentennial exhibition? I thought was
excellent.
Wyrick/It would be the same person doing it.
Thomberry/Do they do the same one all of the time?
Wyrick/We would have a budget of about double that. But still under the Jaycees budget.
Nov/And it would be the one that was in September, not the sesquicentennial from last
December.
Wyrick/He doesn't have the exact same show every time. I mean he can set up his timing
to do a variety of things.
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Thomberry/Who did the one last December?
Nov/I don't know. That was put on by the State of Iowa and the one he is talking about
was the University Sesquicentennial.
Thomberry/I was speaking of the one last December that I saw from the Union
footbridge. That was excellent. But that was also done over the Iowa River up
north toward the park.
Nov/Yeah, I don't know if that was actually in the park.
Thomberry/Yeah, I think it was over the fiver or someplace.
Atkins/You understand, the park limits and these fellows are certainly aware of it, limits
the size because you have neighbors right on top of you.
Thomberry/Would the University maybe let us use Hancher area?
Arkins/I don't think that makes that much difference. It is still the question of the
policing.
Kubby/Is the problem with putting both events on one night, that there physically aren't
enough police officers in town that night or that we would have to pay or they
would have to pay overtime and do some scheduling-?
Arkins/Yeah, we simply do not have enough people. During the 4th of July as I am sure
you are aware, there are all sorts of illegal fireworks activities going on and quite
frankly, it is a little- When we receive a call, we have to respond. And usually it is
not a whole lot you can do. It is really just a question of getting people safely into
the airport and out. Safely into the park and out.
Baker/Why do we have any say so at all about it?
Norton/I was going to say, who's nickel is this?
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Atkins/Well, it has traditionally been the Jaycees nickel. They have funded the thing. They
have worked with the Police Department and other representatives of the city staff
to put together a program. Following the '93 flood, went to the airport. Evidently
the airport provides them with an opportunity to do something grander than they
have in the past because of just the wide open spaces.
Norton/(Can't hear) with two shows, why isn't that a reasonable option? Spread out the
crowd a little bit, give you two choices.
Baker/Because July 3rd fireworks doesn't have the same as July 4th.
Wyrick-Woodson???/Well, there are a number of people who don't have cars and can't
make it to the airport.
Norton/There may be people who have an option there.
Kubby/And you have also got the Ja~ Fest the July 3 activity at night that is very
community oriented because they usually have the City High West High Ja?~
Bands working together. So you have got a very broad spectrum of the community
who don't always come d.t. who might do this July 3 fireworks in conjunction with
the Jazz Fest.
Woodson/This is another concern about the airport display that the Jazz Fest folks have
had because they have noticed over the last couple of years that they have been
loosing crowds during their last set because people leave to get in their cares, drive
out to the airport, fight the traffic, find a place to park. And so they are seeing the
crowd diminish in their last set and we would like to see the show in the Park
timed to start 15-20 minutes after they finish to give people a chance to walk down
to the park from d.t.
Atkins/With all due respect, there is still is a lot of vehicular traffic to City park. It is a
greater opportunity for foot traffic particularly when you have a d.t. event going
on. Bottom line, I think, to the staff or direction to me is that if you are willing to
have two events, let them know that they are going to have one. We tell the
Jaycees that they are going to have one and we just simply go to work putting
them together.
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Kubby/Let's do it.
Lehman/Fine with me.
Norton/I am kind of nervous about not- The Jaycees have been running this for a long
time and I kind of hate to throw a blanket on their operation.
Kubby/It is part of growth. It is competition.
Nov/I think for the local folks, for the local businesses that have been contributing to the
Jaycees fireworks for many years, it would be- It is difficult to contribute to two of
them. They would be seen as supporting this organization or that.
Woodson/We don't intend to complete with them in terms of fundraising.
Atkins/It is not uncommon to have, sorry Larry, that you can have 4th of July activity
built around 3rd, 4th or whatever.
Norton/I take it you are in touch with the Jazz Fest people and you have sat down- Does
the Jaycees understand you are considering on the 3rd?
Kubby/You need to come up.
Nov/Okay, we have the Jaycees, too. Go ahead.
Terry Trenkamp/I am the president of the Jaycees this year. So, my reason in coming
down here tonight- I had not planned on speaking but just wanted to observe since
I knew that there would be some gentlemen here talking about the fireworks and I
would just like to clear up a few things because a lot of things that you are talking
about I can probably clear up. First off, the comment that we say the people
wanted a larger show and larger shells is not accurate. The show had gotten larger.
We have never said that is necessarily what people want. The problem we ran into
City Park is that to meet the legal requirements to shoot over and we don't know
exactly what we are thinking about. 6 inch shells is the most we could shoot in the
room that we had and we are shooting shells now 8 and 10 and I think the largest
is a 12 inch shell. No one had approached the Jaycees since the 4th of July and
talked to us about the show. We told everyone that talked to us prior to this year's
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show that we would be more than happy to discuss next year's show with them
and we still feel that way. The Jaycees do not feel that we have proprietary right to
the 4th of July fireworks. It is something that we do as a community service and as
we mentioned to Mr. Wyrick prior to this year's show and we have also mentioned
to other people, it is something that we would be very happy but we would be
willing and probably happy to transfer onto another group if another organization
would like to take responsibility for organizing and put together a show. We, in no
way, are basically interested in having two shows and we are not saying that to say
well, if you are going to have one, we are going to pout and not have ours. That is
not what I mean by that. I am just saying that if another group would like to take
over the project, we would be willing to work with that group and probably let
them have it, be the predominate leader on it or we could share 50/50 or whatever
they need. But- And we are not theoretically opposed to City Park. We made the
decision as a group, for our own group, that we did not feel for what we wanted to
do, that it was safe enough, that it met the requirements that we needed with out
discussion with the please and the Fire Department, our insurance people and the
people shooting our show. So.we made a judgmental decision as a board, as you
do as a council, and decided that our board felt that the airport was the best
location based on a variety of factors. We have not done any planning yet for the
1997 show. Our committee really hasn't gotten together yet. We said we are very
open. I would be very happy to sit down and talk with these people. The one
discussion that anyone has had with us since last year's show has been just general
talk in the street. I have talked with a few members of the Jazz festival. I know that
they are very interested in having us work with them because they would love to
get it back down to City Park and have it closer to the Jazz Festival. I think, we as
a group, would be interested in that but we still have some major basic concerns,
crowd control concerns, and they have to be answered before we will tie our name
into anything. If another group wishes to do that, we are not satisfied with those
concerns, we won't tie ourselves into it. That doesn't mean that we will have a
competing show, we may just say well, we will let them have it. But I don't think it
needs to be a question of two shows. I think we need to work together as a
community and put together one show and if people can answer the legal and
safety questions in City park and can put together a quality show there, I think that
would be great. I mean I chaired the fireworks for two years in City Park as a
Jaycee back in the late '80s. So I know that it is a lot of fun down in City park. It
is a beautiful setting. But it also has some restrictions, some problems that have to
be answered and so I guess that l just wanted to clarify a few points and kind of let
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you guys know what the Jaytee perspective is and hopefully we can just work
together and make it a non-issue.
Kubby/Why not have two shows? One on the 3rd and one of the 4th and people who like
more intricate smaller scale different setting go to the July 3rd. Some people who
like the bigger booms or bigger things can go to the airport and people who like
everything can go two nights in a row.
Trenkamp/It does sort of extend the holiday celebration.
Kubby/Yeah, why not do both It seems like a nice compliment in a certain sense. Not only
to the Jazz Fest but the Jaycees and the Fireworks at City Park people.
Baker/Why don't we flip and put the park on the 4th and the airport on the 3rd?
Kubby/Go for it, whatever.
Thomberry/They could even have a consolidate do it if they could agree and have one big
real nice one.
Norton/I would like them to get together and come back with a common proposal of
some kind. There are a million ways for this to happen. We could sit here for
hours.
Arkins/Would it be out of the question for one group to consider Labor Day?
Kubby/Well, where Lane is coming from is these past experiences around a certain
holiday and the atmosphere in which it is done that Labor Day may or may not
work.
Norton/It would be nice to extend the holiday some. I think that is a good point.
Convention and Visitors Bureau would like to see that.
Kubby/Well, maybe what we could do is if the group a couple of minutes ago seemed
amenable to having two dates, the 3rd and 4th, in terms of scheduling, except for
Larry. And that-
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Nov/I have some reservations about two dates. I really think it is going to be difficult.
Kubby/Ira majority that would have-
Nov/If they work it out to do it together, that is not a big problem.
Kubby/But if there are four people, I'll state it that way. Although that might be too
negative for some. If there are four people to say yes to two dates, then the two
groups can talk. If they can come together, they can. If not, we have an extended
holiday of fireworks. And so they don't have to necessarily come back to us again
in that capacity.
Nov/No (can't hear).
Kubby/But we do have some say because there is some in kind contribution here.
Arkins/Yeah, they have to come to a conclusion reasonably soon. Not tomorrow but-
Trenkamp/That is one of our concerns. To contract with some of these companies. They
like to do that pretty early on because they only basically have a couple of nights
each year to do their job.
Thomberry/Well, Larry, if you wanted to go to the one on the 4th, you could go to the
one on the 4th.
Norton/Can't you guys sit down together and work it out one more time?
Council/(All talking).
Audience/(Can't hear).
Atkins/Terry, we are not picking you up.
Kubby/You really need to come to the mic when you are speaking.
Atkins/You are not being recorded.
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Lehman/I really think if something could be worked out for one really nice show that is
amenable to both of you, that it would be overall in the best interest of the
community and obviously from our standpoint, when it comes to policing and
crowd control and whatever, it is much better from the city standpoint. So I guess
I would suggest that see what can be worked out as quickly as possible. If
something can't be worked out, I think we probably need to know very quickly.
But the way it sounds, something could be worked out. We could have one very
very very nice show.
Wyrick/We certainly aren't trying to step on anybody's toes. We understand why they
picked the park and the show they want to have. There has been so much
community interest in havin8 some level of fireworks in the park. We were just
trying to find a way to serve that without-
Kubby/And there is some inherent conflict ifyou want a bigger show. You can't do it at
City park. And so them might still be some after talks on inherent conflicts.
Thombeny/You could I you have- use to have pin wheels and stuff We don't have those
anymore.
Nov/Let's not worry about this please.
Council/(All talking).
Nov/Please, talk to each other.
Trunkamp/Big, in my opinion, is quantity fireworks. you know, lots of different varieties
being shot off and that can't be done at City Park.
Lehman/Go for it.
Nov/Work it out. Is there anyone else who would like to talk to city council about an
item that is not on tonight's agenda? Okay, we are moving on. I am sorry, we
didn't see you. Please go ahead. Please sign your name or put your label down
there.
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Jessica Joslyn/And we would like to represent the West High body and we just think there
is major safety hazards in not having a stop light at that corner, at that intersection
because I know there has already been a couple of wrecks because of it. We sit
there like for 40 minutes trying to get to school. No matter how early you leave it
is impossible to get there on time and like the oncoming traffic is so heavy that
now they have a cop standing out there. But that is just temporary because, I
mean, it is going to get really cold and no one will want to go out there and it is
volunteer. I don't know because we really need a light out there and I just want to
know why we are not getting one.
Nov/Well, part of the reason there wasn't a traffic light before was that we expected the
redesign of the street to take care of some of the sight problems and some traffic
has increased which we did not expect. We did a traffic count one day last week
and there is enough delay for that 40 minutes or so in the morning that we could
put in a traffic light. if the city council wants to discuss tNs, we can authorize that.
We can also, as a city council, authorize a temporary light because last time I
talked to out City Engineer he said it would take 18 weeks to get the equipment if
we order it this week. Now we wouldn't order it this week. We would put out a
request for bids this week. But there has been 18 week delays once the equipment
is ordered. So we as a city council can say that this current problem will be
something that we want to cure via a traffic signal. If we pt in a temporary traffic
signal for now, it will be a signal that operates 24 hours a day. If we put in a
permanent signal later on, this will work on demand only and so it will not be red
and green alternating 24 hours a day. It will just happen when we need it.
Norton/It will be more sophisticated.
Nov/More sophisticated, fight.
Kubby/Then there is the issue of funding. The even though one of the warrants is present,
it is still a school drive and not a city street that is the intersection and I would be
quite willing to have the city take full liability at this point because it does meet one
of the warrants but I still would like the school district to pay for halfof the capital
cost of the permanent light.
Norton/They indicated that, didn't they?
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Kubby/Well, things are different and I don't know.
Council/(All talking).
Kubby/Whatever it is, half. I guess the $25,000 came out ofhalfofthe cost.
Vanderhoef/That was the pre-estimate of $50,000 and at our work meeting we were told
$g0-
Nov/Well, the last time I spoke with the City Engineer, he said it has been running
between $50-60,000 for the kind of light we would need. So would you like to say
something?
Chineze Eneloatechi/How much would that cost like for our school to pay for half of it?
Kubby/It would be the school-
Nov/Well, the school district has written us a letter and offered $25,000. They made this
offer based on the fact that they believed it wasn't warranted. I don't know that
that offer is something that is permanent a,d fixed and still in existence. we haven't
spoken with them recently.
Kubby/But we want a light there.
Joslyn/If not a light, then why not a stop sign. They are like a lot cheaper.
Norton/If not a light, a what?
Vanderhoeff A stop sign.
Norton/I think the temporary thing- I think they would prefer a light there. It worked
pretty well I think. As I understand it. It was a temporary light there before, wasn't
there? But we would like a light that would have a control left turn.
Baker/Whoa.
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Norton/During the day at the time when you need it. And then would be more green the
rest of the time.
Nov/Larry, go ahead.
Baker/I thought who is going to be the curmudgeon here tonight. I guess it might as well
be me. There is still a discussion about whether a light is justified at that comer in
terms of a problem that is very narrow in time. And there may be another solution
to that problem other than a stop light and I think the council can talk about that as
well. So I don't want you to walk out of her saying that we just told you we are
going to put the light there because I hope we are not saying that.
Kubby/What is the other solution, Lain/?
Nov/We just said-
Baker/Traffic control by officers or somebody from the school that works in other
locations. When you control traffic for 30 minutes and then- which is when the
problem is, basically. There is a way. I just don't want to say ironclad tonight that
the light is going in. Maybe ira majority, since majority role-
Council/(All talking).
Kubby/Has anyone else talked abut this idea of having someone from the school district
or the city do the 30 minute peak times?
Baker/I think we ought to.
Nov/We had a city police officer, a CSO, doing this.
Norton/Let's don't mess around. Let's go with the light.
Joslyn/I think it would be a waste of money to put a person at the stop sign directing
traffic fight now because it is very cold outside right now, it is winter in Iowa and I
don't think that they would like to volunteer to do it all or even get paid to do it.
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Nov/They would be paid. If there was a person there, they would be paid. It is very
similar to having a person helping children to cross the street. Those people are
paid.
Lehman/You know, it has been very apparent since the street has been open that the folks
at West High, not only the students and faculty, but also the school board and a lot
of parents, that wanted that light to be there very much and the city has said
because there are no warrants for this light, the city could be accepting liability and
because of this liability for putting a stop light where it doesn't-where it isn't
warranted, the city could have a problem So we went to the school board. We said
that if you wanted to accept half the liability and pay for half the cost of the light,
we are willing to talk to you. Now the light has been warranted and we have stats
that show that a light is warranted at that location. I had intended during council
time to bring this up tonight. But I guess I would like to ask that the city staff,
whether that would be you Steve and Barb Grohe or Mr. Palmer or whatever. I
think we need to start discussions on this light as quickly as we possibly can. We
know how the school feels about it. The school has offered to pay for half of it. !
think-
Norton/Part of it.
Lehman/Well, $25,000 which I think is not unreasonable.
Thomberry/That was originally before the study was done but they did-she did say in her
letter that we stand ready to call a special meeting ofthe school board as early as
next week to take a formal vote to approve this monetary expenditure. Whether it
is still the $25,000 more or less remains to be seen.
Lehman/But I think we need to move on this as quickly as we can.
Nov/It said that in the event that this signaiization was not warranted. If it is warranted, I
believe that they are expecting the city to pay for it.
Lehman/Well, I think that is something that we can-
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Norton/I don't know. We can negotiate that. But want to add to this that we found out
subsequently that we could put it in whether the warrants were met or not and not
increase our liability from our Legal Staff.
Woito/That is right. I don't know where you got the idea that we were going to increase
our legal liability. What I told you months ago was that you would have liability
for the cost of the light if you installed it, that is clear, because the school district
refused.
Lehman/So I would like to see us move.
Atkins/Keep in mind the next item on the agenda'is setting a hearing for a subdivision that
will eventually take a street from Rohret Road to Melrose which is right up the
street. So understand the potential for conflict. I am not so sure you could
signalize both of them because they are just simply too close together and you may
end up, if you put this one in- At the very least have an understanding, it may have
to come out some other time and go to an intersection and thoroughfare.
Norton/I don't see how that changes the problem of turning, taking a left turn there at
8:00 AM.
Arkins/No, it does not change the problem but I think if you have another thoroughfare
that eventually pops through, it is going to certainly exacerbate that problem
because you are going to have collector street traffic dump back and forth between
two arterials.
Nov/There will also be a break in the traffic if there is a light further west. It will create
and opportunity to turn.
Atkins/I don't think you want to put two traffic-
Lehman/Steve, this could be part of the discussion relative to the light, too.
Atkins/Yes.
Norton/Is it time for a motion? I was having it on my list, too, because I think-
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Thomberry/We just need four people.
Kubby/Steve, how long can a temporary light be up?
Arkins/I think the last one we had up was well over a year, wasn't it?
Kubby/I mean I was just thinking that I don't really know what all the issues are about
this new subdivision. But [fit is not going to be built overnight either-
Arkins/No, no, its early.
Kubby/So even if we decided that it would need a light at the comer where it intersects
with Melrose, what do we do in the meantime?
Atkins/I think the temporary light can certainly- I don't know the implications of whether
we will have a great deal of- Whether we can get in the ground or not. I would
suspect that the- I just forgot what I was going to tell you. I would suspect the
problem with a temporary is that it is on a cycle. It is kind of why you wouldn't
have a stop sign. Stop signs- You have to stop 24 hours a day and eventually
people are just going to start blowing the stop sign, particularly when school is
out. And that would be the problem. I think you would have to put it on a cycle
and that is simply going to cause some traffic delays. Demand actuated is the way
to do it.
Lehman/Right.
Nov/It isn't just 24 hours a day. It is also school vacation. This is a light that we really
want to mn every time. It has to be a demand.
Norton/That is something that can be worked out. I think the staff can work it out, the
engineering and all the details, the infrastructure there. I want to get a light in there
and I think we ought to move.
Atkins/IfI hear the expression that you want a light, you want them to pay for a portion
of it, you want it in sooner than later.
Norton/Yes, sooner than later.
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Atkins/Get a nose count and I will go talk to the tblks.
Vanderhoef/A temporary nature so that-
Atkins/You want a light.
Vanderhoef/That they understand that the possibility it might get moved a couple of
blocks down.
Arkins/I will do the best I can.
Kubby/Although even- I mean if the light is going to be synced just for those peak times
in the future, it may be the other light is working on a regular system but this light
is only during those couple of times a day. So, it may-
Council (All talking).
Nov/That is way down the road.
Vanderhoet7 If we call it temporary, then we can talk about it after.
Norton/Somebody can come out and turn it on when they need it.
Lehman/Go for it.
Arkins/I think I understand the rules.
Kubby/Thank you for coming down.
Norton/We are gaining on it.
Nov/All right, before I go, is there anyone else who wants to speak to the city council?
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# 5b
page I
ITEM NO. 5b. Public heating on an ordinance vacating the north 12.5 feet of the F Street
tight-of-way for a distance of 75 feet immediately west of First Avenue. (VAC96-0002)
Nov/P.h. is now open. Is there anyone who wants to talk about this one?
John Beasley/321 E. Market Street on behalf of Dr. Pelsang who own the property who
will be affected by this vacation. Certainly I concur with the recommendations by
staff and P/Z. I don't need to take a lot of time with this but simply to tell you that
the purpose, why Dr. Pelsang would like this vacated, is it gives him more control
over parking at the property. I don't know if anybody has been down to see the
improvement he has made on that property but I, for one, am quite impressed. Any
questions, I can answer them.
Kubby/Is he interested in paying whatever the assessed value is?
Beasley/There is a letter that I think I have already put in the packet. What I did, Karen, is
I calculated the square fbotage and figured out what he was paying for the
property now in taxes and came up with a figure. I think it was-
Nov/I was based on assessed value, I remember.
Beasley/I thought that was reasonable. He thought it was reasonable and that is where I
came up with that figure.
Nov/Okay, thank you, John.
Beasley/You are welcome.
Nov/Is there anyone else who wants to talk abut this? P.h. is now closed.
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City of Iowa City
MEMORANDUM
To: Mayor, City Council and General Public
From: City Clerk
Data: December 16, 1996
Re: Addition to the Decembe~ 17, 1996 Agenda
ITEM NO. 5c.
Consider a motion setting a public hearing for January 14, 1997, on an ordinance
amending Title 14, Chapter 6, entitled "Zoning," by changing the regulations
pertaining to child care facilities,
Comment: The Planning and Zoning Commission will review this item at its December
19 meeting. Staff recommended approval in its December 19 staff memorandum
December 17,
ITEM NO. 6
ITEM NO. 7
1996 City of Iowa City Page 7
CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 4, ENTITLED
"ALCOHOLIC BEVERAGES," CHAPTER 3, ENTITLED "OUTDOOR SERVICE
AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND
PERMITS," AND CHAPTER 1, ENTITLED "DEFINITIONS"; AND TITLE 10,
ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3,
ENTITLED "COMMERCIAL USE OF SIDEWALKS."
(FIRST CONSIDERATION)
Comment: The proposed ordinance reduces the notification requirement for
sidewalk cafes (on city-owned property) to property owners within 100
feet and requires a sign be posted for tenants 10 days prior to Council
action; removes the screening requirement and reduces from 5 feet to 3
feet fencing height requirements for outdoor service areas (on private
property) in the CB-10 zone; provides provisions for seasonal fencing and
elevated premises for sidewalk cafes with the approval of the Public Works
Director; clarifies the definition of "restaurant," and streamlines the various
types and categories of outdoor service areas and sidewalk cafes,
A public hearing was held December 3 and the ordinance was revised to
remove microwave oven from the restaurant definition; add language to
clarify that sidewalk cafes on top of the sidewalk must provide suitable
access to person's with disabilities;
proposed sunset clause in Section VIII.
and to remove the present and
CONSIDER AN ORDINANCE AMENDING THE CITY CODE TO REPLACE
ALL REFERENCES TO "TRAFFIC ENGINEER" WITH "CITY MANAGER OR
DESIGNEE." (FIRST CONSIDERATION)
Comment: The position of Traffic Engineer was eliminated during restructuring
several months ago. This ordinance will amend the City Code to reflect that
restructuring by replacing all references to the "Traffic Engineer'' with "City
Manager or Designee."
# 6 page 1
ITEM NO. 6. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 3, ENTITLED "OUTDOOR
SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND
PERMITS," AND CHAPTER 1, ENTITLED "DEFINITIONS"; AND TITLE 10,
ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED
"COMMERCIAL USE OF SIDEWALKS." (FIRST CONSIDERATION)
Nov/Moved by Kubby, seconded by Norton that we give this ordinance first
consideration. And is there any discussion?
Baker/1 have a question.
Nov/Go ahead.
Baker/What do you call the first foot out from private property, the first foot out from a
property line that runs the length of the property? Can you call it the first linear
foot? Is that the correct definition for that space? The first foot that runs along~
Norton/The first front foot.
Baker/The first front foot. Why don't we exempt the first front foot of this public space
charge for these sidewalk cafes since we did it for Taeo Bell?
Lehman/Oh, I don't think it is a good idea.
Nov/No.
Kubby/Why?
Norton/Oh, you mean the foot up against the building?
Baker/The first foot that extends into the public r.o.w. we are charging them for.
Nov/Yes, they are using it.
Kubby/So is the mall.
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Baker/I am just saying exempt the first foot.
Kubby/But it is an issue of fairness and equality and the use ofr. o.w. for commercial
profitable purposes. I mean I agree with your point but-
Karr/Taco Bell did not fit the definition of sidewalk cafes.
Baker/I know but they are using public r.o.w.
Kubby/So there is an issue- I would rather go the other direction to say if there is any
commercial use of public r.o.w., then we will look at charging on a square foot
basis as we do for sidewalk cafe.
Thomberry/Why not porches?
Kubby/Because it is a private use for profit of a public r.o.w. and that is the difference
between a private use that is a not for profit use.
Lehman/What if the porch is on a daycare center?
Kubby/We should be consistent and look at it.
Baker/I say that and it is actually a serious suggestion.
Thomberry/It is like what if the use changes
Baker/Sidewalk cafes which only use a temporary- Here is where the word temporary
actually has meaning. They only use this space temporarily. They are paying $600-
$700, whatever the figures are.
Kubby/Right. When you look at Panchero's paying $945 a year, if we keep it at $5 per
square foot and that Taco Bell or the Mall leasing it to Taco Bell is using for a
similar purpose even, I wouldn't say similar food product because some people
would very much disagree with that. But there is an issue of fairness that you have
brought up that I totally agree with, Larry. I don't think we should just overlook it.
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Baker/I didn't think abut it until I saw the figures of what they were paying and it
suddenly dawned on me that we-
Kubby/I agree. I don't agree with your solution.
Norton/But you had a separate ordinance and go back to another hearing and all of that.
Lehman/Well, the only problem I have with that and I don't disagree with our logic,
Larry. But if you are going to make the first foot for sidewalk cafes a given, you
know, there is no charge, what happens for any other commercial use that wants to
use an extra foot? What is going to be your rationale for saying that they can't use
this foot free of charge? Ill want to use somefiring in front of my building. I want
to take a foot· Hey, you give it to the restaurants for nothing, I want to use a foot.
Kubby/I think of it as another way to deal with the issue of fairness.
Baker/There is another way but it is the inherent contradiction of our positions which can
be resolved one of two ways.
Norton/You let somebody put up a very thin care.
Vanderhoef/It is called dieter's delight.
Norton/It is an interesting question·
Woito/Well, we can charge rent for subsequent conditional use ofr. o.w. agreement.
Karr/We have not typically charged for it.
Woito/No. I mean you could set a policy from hence forward, we will.
Kubby/I think that would be the fairest thing.
Nov/You can't backtrack, however·
Norton/No.
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#6 p~e4
Baker/You can't go back.
Woito/Well, you could.
Norton/Shouldn't we sit on it just a little bit and make sure we are not doing something
weird.
Baker/We can pass first consideration and-
Karr/Neither one of these fit the criteria that is before you this evening. Sidewalk cafes
would not be any ofthe uses ofr.o.w. other than what is before you this evening.
Taco Bell would not be a sidewalk cate and use of temporary r.o.w. for the stairs
to Bmegger's or the stairs to G. A. Malones would not be the criteria that you are
looking at tonight. Though the principle is the same, the issue and the definition
would not be the same. Council can choose to change your current policy and
charge on it but that would not be a sidewalk cate. So that is not before you this
evening.
Baker/
I understand. I am just saying this is first consideration. You are saying that if we
wanted to, we could exempt the first foot in this ordinance for these kinds of
operations?
Karr/I wouldn't recommend it but-
Baker/You wouldn't recommend it but can we legally do it?
Kubby/If you titink people should be charged when they are profiting from the use of the
public r.o.w., every foot should be charged.
Karr/Ernie makes a good point. We get a number of people, not just restaurants. But a
number of other businesses who would like to put out a sign or something in that
one foot and use a promotion of some sort. If it is not a sign, some other
promotion.
Baker/We are not obligated to do that. But ifwe do do it, we ought to-
Nov/We don't charge for sidewalk days.
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Baker/It is temporary.
Lehman/It is all temporary.
Baker/So why don't we just not charge sidewalk cafes, period?
Thornberry/We haven't given them the one foot.
Kubby/Because they are profiting on a consistent basis from the use of the public r.o.w.
and they should be charged.
Baker/Okay, you all work out the details.
Thornberry/We are non-consistent.
Woito/Why don't we just charge Taco Bell? You approved that two ~eeks ago, didn't
you.
Nov/Yeah, that is done. It is very hard to go revise the agreement now. If somebody had
said that two weeks ago, we could have revised it before we signed it.
Baker/We did say it two weeks ago.
Kubby/Pa~d it was a 5-2 vote.
Karr/I don't think it ever came to a vote, that issue. It was on the floor.
Kubby/It was one of the reasons some of us chose not to participate in that agreement.
Norton/I think you have to be careful about a narrow definition of(can't hear).
Karr/But I think there is also various use of public r.o.w. and you are looking right now
at-
Council/(All talking).
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Norton/I think you have to look at this thing pretty carefully about what is going to be a
virtue here in terms of encouraging the kind of activity we want to see. Can we do
it tonight? Are we square?
Baker/We can go ahead and do first consideration.
Lehman/Do first reading.
Kubby/Is anyone interested in exempting the first foot?
Lehman/No.
Kubby/I am not.
Nov/No.
Kubby/Well, then we don't need to look into it.
Norton/(Can't hear).
Lehman/Let's vote.
Baker/Maybe fair and consistent are not the same thing but I hope they are close. That is
it.
Karr/There was another issue raised I would like to clarify. Council member Vanderhoef
called my office this alternoon and did ask that I do clarify a couple of issues that I
have done some additional research on and just wanted to note it. Number one,
what you have before you this evening is not the full Chapter of the Ordinance. It
is only revisions to the Chapter. What you have before you is the changes that we
are proposing. What is on the books addresses one issue of concern-
CHANGE TAPE TO REEL 96-150 SIDE I
Karr/Maintenance of sidewalk cafe. Should we, in our proposed language, and should
you concur, we allow for storage of chairs or tables in an unusable fashion. They
can be secured outdoors in that leased space. And the question came up on the
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maintenance of that area in snow or just general maintenance concerns, trash. And
two parts of the Code that would be unaffected by this ordinance, in the same
Chapter, are two provisions. One of them dealing with the operation era sidewalk
care and the provision there states that a sidewalk care shall be responsible for
trash removal and must maintain the area surrounding five feet in a clean litter free
manner during all hours of operation and so restored the area surrounding and the
five feet to its normal condition as a pedestrian ~vay and litter free after operation.
Also, in the easement agreement for a sidewalk care, it is noted that even after
council approval era public r.o.w. easement agreement, the city shall retain the
right to terminate the easement agreement but only after written notice has been
given and time to cure the violation has been expired. Grounds for termination of
the agreement include but are not limited to repeated violations ofthe easement
agreement including safety hazards, health hazards, public nuisance. Additionally,
the city retains the right to terminate the agreement and direct removal of the cafe
if, after delineation, the council determines that there is reasonable need to return it
to a valid public use and in looking back at my notes, both of these were added at
the request of the council at the time to insure that the maintenance be maintained.
Vanderhoef/Thank you.
Karr/And I did also check on the snow removal and just as it is fight now, owners are
responsible. They are given notice if it is not cleaned, we clean it and they will be
assessed.
Nov/Are we really saying that these pieces of furniture are going to be outside all year
round?
Karr/The only way they can be outside all year round is if it is a sidewalk care in the city
r.o.w. and if they have seasonal fencing, not temporary fencing. So only ifthe
seasonal fencing is recommended and approved, recommended by staff and
approved by council and each one will come into you on a one by one basis, will be
reviewed by Design Review. That will be part of the application procedure. Do
you intend to keep it out there? How do you intend to store it? The
recommendation is based on the fact there is some interest on the part of some
owners to use it on very nice days and what typically might be off season. That
you might have some late fall days or some early spring days and they wouldn't
want to-
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Council/(All talking).
Nov/January, February and March, all those cold months, are not going to have furniture
stored.
Karr/As it is written right now, that is not the proposal. It is written right now the request
of a number of establishments. They are interested in storing it out there in an
acceptable fashion to the city and to the city council because of storage concerns
and because of the availability to use it in nice weather.
Lehman/When?
Kubby/So if it is acceptable to us in May and June, it is going to be acceptable to me in
January. Lethey are not removing the snow and the litter and there are provisions
for us to enforce those.
Karr/Each year it would be before you for renewal.
Norton/It might be out there in February you are saying.
Karr/Absolutely, under the present ordinance, yes. If they have seasonal fencing, an area
defined, not temporary fencing.
Norton/They may have to fine tune later.
Nov/What kind of fencing is seasonal fencing?
Karr/Well, again, we go back to the discussion we had earlier and we don't want to call it
permanent because it is in the r.o.w. and therefore no fencing is permanent. What
we are talking about is we have had requests on the part of a couple of people who
are interested inputting rod iron. So they would literally put holes in the sidewalk
and drop in the fence. They would pay a deposit and that fence then would be
there year around so they would have a defined area.
Nov/And then they would have a stack of chairs year around, chained to their fence?
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Karr/No, well, that is a possibility.
Nov/How else are they going to keep the chairs from walking away?
Karr/We have seen situations where they can be stacked and secured very nicely against
the building away from the fence. We have seen situations that they can be built
into the fence area. And again, each one ofthose would go through Design Review
and through you folks for approval.
Nov/Well, on a case by case basis.
Norton/Take a chance, Naomi, take a chance.
Nov/They may not get too many yes votes.
Kubby/In a year, if we see that people with seasonal fencing are leaving- It is not working
the way we envision or they are leaving them out and never using them, we can
tweak the ordinance to say that in the winter months or whatever months we want
to say, that they have to remove the fencing and store the furniture.
Karr/We could go back to indicating the season, the months.
Nov/Okay. We removed the required review though, didn't we?
Karr/I am sorry, the required review?
Nov/Wasn't there a sunset on this so that required review in 19977
Karr/That was on the ordinance as a whole. Council can, at any time, amend the
ordinance or any chapter therein.
Nov/Okay.
Kubby/That was to whether or not to review the whole concept of the ordinance.
Karr/Correct.
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Vanderhoef/Well, I am concerned about what this is going to look at in the middle of the
winter and that is what prompted all of these questions and it wasn't clear with
partial reading. So I am willing to go along with it for a season and hope that it
works because it would be nice to sit out and have hot cocoa in March on one of
those nice days.
Thomberry/January thaw.
Nov/I am just worried about January. If our January thaw gets to 40 degrees, we're
luc .
Norton/Winter festival or one thing or another. Wc really need to pep up the activity in
the off season.
Nov/Okay. Is there anybody else who has any more concerns about pepping up activity7
Thanks for the research. Roll call- (yes). We have approved first consideration.
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ITEM NO. 8
City of Iowa City
Page 8
CONSIDER AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND
LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE,"
SECTION 2, "APPLICATION," OF THE CITY CODE BY AMENDING THE
PLACEMENT OF TAXICAB DECALS. (SECOND CONSIDERATION)
Comment: This ordinance will change the placement of the taxicab decal
from the rear window to the front windshield. This is being done to
address concerns due to passengers removing decals from back windows.
The ordinance would be effective March 1, 1997, to correspond with
renewal time. Staff recommends expedited action.
ITEM NO. 9
ITEM NO. 10
CONSIDER AN ORDINANCE AMENDING TITLE 14 CHAPTER 3 ENTITLED
"CITY UTILITIES," ARTICLE E, ENTITLED "WASTEWATER TREATMENT
WORKS INDIRECT DISCHARGE" TO CONFORM WITH FEDERAL
REGULATIONS ON METHODS TO DETERMINE POLLUTANT DISCHARGE
LIMITS. (SECOND CONSIDERATION)
Comment: This code amendment changes the technical definition of pH. and
reflects a new technical interpretation of pH limits. The amendment also
clarifies reporting requirements for those industries required to have a
pretreatment agreement with the City.
consideration.
Action: ~ ~.z//~,, ~g,~
Staff recommends expedited
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
(SECOND CONSIDERA3'ION)
Comment: The proposed ordinance increases rates for water by 20%
effective on bills issued on or after March 1, 1997 (usage in February
1997). The rate increase as proposed will be applied as a flat increase
across-the-board to all existing rate blocks and minimum charges.
Action: ~..~2Z// /~A~ ~ f.'~/ ~~
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ITEM NO. 10. CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
(SECOND CONSIDERATION)
Nov/(Reads agenda). I have a question on this. Is it going to be published in time to take
affect February lst? Do we expedite this?
Kubby/If we pass- I thought we scheduled it so that we would be fine.
Nov/Well, we canceled a meeting since that schedule. So this would be given third
reading on January 14 and does that give you enough time to publish?
Woito/Yes.
Nov/Okay, that is what we need to know. Moved by Norton, seconded by Lehman. Is
there any discussion? Roll call- (yes).
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ITEM NO. 1 1
ITEM N0.12
1996 City of Iowa City Page 9
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY,
IOWA. (SECOND CONSIDERATION)
Comment: The proposed ordinance increases rates for wastewater by
10% effective on bills issued on or after March 1, 1997 (usage in February
1997). The rate increase as proposed will be applied as a flat increase
across-the-board to all existing rate blocks and minimum charges.
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
CHANGE AND CLARIFY CERTAIN SOLID WASTE DISPOSAL CHARGES
AND FEES IN IOWA CITY, IOWA. (SECOND CONSIDERATION)
Comment: The proposed ordinance corrects certain charges and fees for
solid waste disposal. There are no increases to the residential curbside or
landfill tipping fees.
ITEM N0.13
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3 ENTITLED
"CITY UTILITIES" OF THE CITY CODE BY AMENDING ARTICLE A,
"GENERAL PROVISIONS" BY CHANGING CERTAIN SECTIONS
CONCERNING UTILITY ACCOUNT DEPOSITS AND DELINQUENCY
TIMEFRAMES. (SECOND CONSIDERATION)
Comment: The proposed ordinance reduces the length of time that
deposits are held for utilities from 18 months to 15 months and changes
the length time of when a utility account is considered delinquent from 30
days to 22 calendar days.
Action= ?i~~j~'-~, ~ ~A/~
December 17, 1996 City of Iowa City Page 10
ITEM NO. 14
ITEM NO. 15
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR
THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL
BURLINGTON STREET TO STURGIS FERRY PARK PROJECT.
Comment: This resolution authorizes staff to negotiate permanent and
temporary construction easements for construction of the Iowa River Corridor
Trail - Burlington Street to Sturgis Ferry Park Project, including authorization of
condemnation if necessary. Every effort will be made to negotiate acceptable
agreements without resorting to condemnation. Prior to proceeding with
condemnation, staff will notify Council. Staff memorandum included in Council
packet.
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE IOWA HIGHWAY 1 AND U.S. HIGHWAY 6 CURB
RAMP CONSTRUCTION PROGRAM WITH THE IOWA DEPARTMENT OF
TRANSPORTATION.
Comment: This agreement provides for a 55% State / 45% City funding split
up to a maximum amount in State funds of $250,000 per city per year. The
project involves the construction of curb ramps on existing sidewalks within the
right-of-way of Iowa Highway 1 and U.S. Highway 6. The estimated
construction cost is $30,000.
ITEM NO. 16
ANNOUNCEMENT OF VACANCIES.
a. Previously Announced Vacancies.
Airport Commission - One vacancy to fill a six-year term
ending March '1, 2003. (Term expires for John Penick.)
(4 males and 0 females currently serve on this commission.)
(2)
Johnson County/Iowa City Airport Zoning Board of Adjustment -
One vacancy to fill a five-year term ending February 26, 2002.
(Term expires for Scott Reynolds.) (3 males and 1 female currently
serve on this commission.)
These appointments will be made at the January 14, 1997,
meeting of the City Council.
#14
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ITEM NO. 14. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION
OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE
CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON
STREET TO STURGIS FERRY PARK PROJECT.
Nov/Moved by Kubby, seconded by Lehman that this be deferred. All in favor, please say
aye- (ayes). Motion earfled.
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ITEM NO. 15. CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE IOWA HIGHWAY I AND U.S. HIGHWAY 6 CURB RAMP
CONSTRUCTION PROGRAM WITH THE IOWA DEPARTMENT OF
TRANSPORTATION.
Nov/Mov~ by Kubby, secondexl by Norton. Discussion.
Thomberry/This is the ramp going up to the sidewalks?
Nov/Yeah. Dodge Street and Governor Street are part of Hwy 1. And you know, other
streets within the city are part of Hwy 6. So it would not be out on the highway. It
would be within the city where side~valks already exist.
Thomberry/It cost $30,000 to what? Do one interse~ion?
Nov/No, no, no. Many intersections are those two streets.
Thomber~j/Okay.
Norton/Oh, any of them, yeah.
Nov/I am not sure that we got a count of the number of intersections but-
Atkins/Jeff, do you know how many you are going to do?
Kubby/Sinc~ you are hanging out.
Nov/Come to the microphone and tell us how many you counted.
Jeff McClure/Let me see ill can drag your night out any longer.
Thomberry/A quick synopsis would suffice.
McClure/They are identical to the ones we put in already around town and about how
many there are? I would probably say around 50 individual ramps, not comers or
intersection, but each individual ramp. There are about 50 of them.
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Nov/So a single intersection could have four?
McClure,/Could have eight.
Nov/Could have eight.
McClure/At an approximate cost of about $300 to $500 per ramp.
Nov/Okay.
Thornberry/These are all of the pinkish nature? These are all the colored ramps?
McClure/We like to think of them as brick red.
Thornbern//Brick red.
Norton/Does that have to be repainted now and then?
McClure/What can be done- The way we maintain them right now, no, we don't do
anything to them. Even if they fade and the concrete is in good condition, there is
no spa]ling or anything, we don't have anything on plan to make them, the color,
any richer. There is a product out there that is manufactured by the coloring
company that we are using that allows you to bring some of the color back. As
long as the concrete is good-
Nov/We should say this is not paint. This is part of the interior ofthe concrete. Paint is
too slippery.
Norton/But it still fades.
Nov/Well, yes.
Thornberry/And all ofthe new street intersections are done at the time they are built,
aren't they? Now are they also done with that same color?
McClure/Yes, it is written in the new design standards which is required by ADA that
there be a visual difference. The color is not specified.
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Norton/Oh, the color is not specified?
McClure/A visual difference between the ramp and surrounding sidewalk.
Nov/Any other discussion? Thanks, Jeff. Roll call- (yes). This resolution has been
approved.
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ITEM NO. 17 CITY COUNCIL INFORMATION.
ITEM NO. 18
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b, City Attorney,
ITEM NO. 19
ADJOURNMENT.
# 17 page I
ITEM NO. 17.CITY COUNCIL INFORMATION.
Nov/City Council Information. I don't remember which end we started at last time. Mr.
Baker, would you like to start this time?
Baker/Sure, thank you. Two quick things, ma'am. First of all, did you give everybody a
copy of this letter from Dean Schade?
Nov/Yes, Dean Schade's letter went to all of us.
Baked I appreciate that.
Norton/Which one is that now?
Baker/TNs is the one lalking about the mail in balloting for local issues and-
Nov/We sent a letter to the Iowa League of Cities. Dean Schade is the director of their
governmental affairs or lobbying or whatever.
Baker/
What the letters says is "If Iowa City is successful in finding a sponsor for the bill,
we would be very glad to assist in working it through the committee process and
providing support other support as our resources allow." If there is a sense of the
council, I would like for Naomi, as Mayor, to make that contact with our local
representatives, asking them for that support. I mean I will contact them
individually but I think it would have a little more visibility if it came as a council
request through the mayor saying that we would like Dick Myers or Mary
Mascher.
Nov/Do you want us to send it to each of them?
Baker/Send it to each of them saying that we would like, as a group, to sponsor this
legislation. Also send a carbon copy to Tom Slockett because he is vet-.,, interested
in this issue and he might be able to encourage them as well. Like I say, I will send
an e-mall message to all of them anyway. But I would like for the council to follow
through and work on that.
Nov/Does the rest of the council want us to do this?
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Kubby/I agree.
Norton/Yes.
Nov/Okay, I see heads nodding that we will dratt a letter similar to the one that went to
Iowa League of Cities.
Baker/This does not say that we are going to do it. It just says it gives us the power to
decide locally if it is appropriate and let's us do that. So, thank you ve~ much.
Now, second thing. I am having some serious misgivings about this skywalk from
our previous discussion. Not that I have changed my mind but I have talked to
people d.t. and read the reports that they have put through and there is some
interesting questions. I am wondering what is our process at this pint? Are we
going to have a formal agenda item? Does that require or will we allow some sort
of public discussion again because what I would like to see if the rest of you think
it is appropriate perhaps that that presentation that we got at an informal session,
some abridged, version or discussion of that to be done the night we voted on or
least had a p.h. on it and allow the d.t. business people who have concerns to come
and use t~s foram to raise questions as well. That would be my-
Norton/In line with that could I ask Steve, where is- Has the Design Review Committee
looked at this? We have not seen the report yet, right?
Atkins/I think they have looked at it.
Norton/I understand they have some pretty interesting suggestions. I don't know when
we will hear those.
Baker/What I am afraid of is just simply something in front ofus that we have to vote on
that night. This paxiicular issue which I think is becoming more and more of a
public issue. That some time is set aside.
Nov/This is a public issue and it sets a precedent. We should have some public input.
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Norton/I tried to call Gibson today to find out where it was because I was concerned that
they might get some d~sign work done and get too far and get locked into some
position that we couldn't- I intend to call him tomorrow personally and just say
there is enough questions being raised, we have got to get to the drawing board
here. For example, some people have suggested and I think the Design Review is
thinking if they have to have it, third floor, given the purposes. So there is lots of
discussion going on.
Baker/I think there is also an interesting argument about whether or not it is absolutely
necessary.
Norton/Well, that is another.
Baker/Questions were raised in another forum that I did not think of.
Kubby/And answers that we asked similar questions but I don't know that we got
specific answers, like the number of people.
Nov/12 people a day sounded pretty small.
Norton/What is the timing, Steve? I guess that is the question.
Arkins/I honestly don't know. I have to call Dick Gibson and get the same thing. You
have to officially approve an agreement with them for that skywalk over the public
thoroughfare.
Kubby/But if we have questions and want to do public discussion, we should let them
know that. That there are more questions than before.
Atkins/And-
Norton/I think the mayor ought to write that. You ought to write to Dick and alert him
that there are considerable concerns.
Baker/As long as council, we have an idea of where we are going with that thing.
Arkins. The sooner you get on record with them that at least there is-
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Norton/We ought to do it more formally.
Baker/We certainly led them to believe-
Nov/We to do it formally rather than a phone call?
Norton/Either way.
Lehman/I would think that a letter would be better.
Kubby/I do, too.
Norton/I think a letter saying there is enough concern. We want to be clear about timing
and give opportunity for input.
Nov/I think I hear a concurrence on a letter. Steve and I will draft a letter and I will sign
it.
Norton/I think that would be wise.
Baker/That is it.
Vanderhoef/! just like to say that I am real impressed with the offerings that staff has put
together for the Martin Luther King Celebration, January 4-16. And I would just
encourage all of these programs to be announced before and after our council
meetings so that people are well aware of what is happening in out cormnunity.
Nov/Do you want to read it right now and we will do it again on the week of the actual
events? I think that is an excellent idea. Do it.
Kubby/It is about this far from the back. Does that help? It is not numbered but it is right
behind ~10.
Vanderhoef/A~er 10, okay.
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Kubby/And while Dee is finding that, this really came to our attention in a couple of
different ways. But the way that I most remember is a woman came to us because
she didn't think it was very respectful of the Martin Luther King Day Celebration
to have to plu8 the parking meters and we talked about Vets Day as well and
decided that we would, because they were normal business days, didn't want
people parking long term in short term parking spaces. That it brought to our
attention that the city doesn't do a lot to contribute to that day of celebration and
these activities came from those suggestions and staff has done a great job.
Nov/And some of these activities will happen before our next council meeting. So this is
the time. Go ahead, Dee.
Va~derhoef/Okay. (Reads Martin Luther King activities schedules). We have a full week.
Nov/We have a full ten days or twelve days. Really more than a week.
Vanderhoef/There certainly is.
Kubby/There are many activities at the University as well.
Vanderhoef/I am delighted. Congratulations.
Thomberry/I have a few things. On January 17, 18, and 19 is the 6th Annual Business
Fair presented by the Iowa City Area Chamber of Commerce called Walk of the
Stars again. And this year's these is walk on the wild side. You reelected officials
will be at the Walk of the Stars and if you would like to visit with us, talk with us,
we will be there. Prior to the 17, 18, and 19th of January, we will give you a
calendar or time thing as to when each of us will be there. So if you-
Nov/In case you want to talk to somebody special.
Thomberry/You might want to come and talk to just one person or two or more as the
case may be. We will let you know what times we will be there and on what days.
This is a Friday~ Saturday and Sunday, January 17, 18 and 19th.
Kubby/Do we have to dress wild or anything?
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# 17 page 6
Thombeny/It says walk on the wild side, so, hey.
Karr/Dean, could I just follow up on that and urge every council member to give me your
schedule so I can do that scheduling.
Thombe~xy/And we will publish that prior to that so that-
Vanderhoef/And I am available.
Thomben3,/And Dee Vanderhoef said she was available.
Nov/Well, I hope we will all be available at least for a couple of hours some time during
it.
Thomberry/If anybody missed the Mayor's Proclamation on the Drunk and Drugged
Driving Prevention Month, Lights on For Light Day is Friday, December 20. So if
you drive, please turn on your lights. Drive with your lights on and this is for the
Drunk and Drugged Driving Prevention Month, Lights on For Life Day.
The third thing that I have got, Mayor Novick, is I am mad and I am not going to
take it anymore type of thing about the cable t.v. I am just a little torqued about
my cable company and it is the only cable company that I can subscribe to because
it is a monopoly. We received a letter from Dale Helling, Asst. City Manager,
dated December 13 and I would like to readjust a little bit of it. (Reads letter).
Does the local TCI manager have no responsibility or authority on this change?
Changes because it is more than just one.
Helling/What we have been told is that these programming changes have been made at
the corporate level and so the local manager, Mr. Blough, has indicated that
everything that he receives will be forwarded on to the corporate offices.
Nov/And we, as a city council, can say that we have received lots of protests and suggest
that they not make those changes. We can send that letter.
Kubby/A letter from this group would be great.
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# 17 page 7
Thornberry/Can we direct the mayor to send a letter of that sort to the TCI Cable
Company?
Nov/If everybody agrees, I would send it.
Norton/L~t's do it.
Thornberry/I mean, I am not crazy about what we have got, but it is better than what they
are intending on changing as far as I am concerned.
Norton/Are you missing Comedy Central, Dean?
Thornberry/Well, I like Channel 6.
Council/(All talking).
Kubby/Although, isn't' there something in our franchise agreement. Although maybe this
is only for the upgrade. That our franchisee has an obligation to at least take into
account community desires for programming.
Helling/Certain types, a mix of certain types of programs, yes. But not- We cannot
equire specifi channel '
r c services.
Kubby/I mean to connect that desire for mix. We have heard from our community that
they- I haven't hear people say that they don't want those other channels but that
they don't want those in lieu of the ones that are talking about being taken off.
Nov/They don't have room to do everything. They are making the choices.
Thomberry/From Linda Walshire, two of the few channels that she enjoys is the Comedy
Central, that split, and WGN and if you drop these we will drop cable. Write to
TCI, Linda. Dan Greenwald, geez, he likes the White Sox and the Cubs and such a
monopolistic situation (can't hear) that TCI be responsive to the desires of their
customers and I think you are fight. Iowa City council will write a letter to TCI.
That is about all we can do as I understand. I mean there is-
Norton/Well, we could go into the business.
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Lehman/(Can't hear).
Nov/If the people who are writing to us understand that we cannot change it, they will
write to TCI.
Thomberry/I certainly hope so. Send the same letter and put it to TCI's address.
Thomberry/Hopefully by the next council meeting I will have more information on dishes.
Nov/Yes, people have the choice of dishes.
Thombeny/1 understand that there is a way of changing this dish so you can get it on
more than one set or all kinds of things.
Nov/You can do that. It requires receivers and wires. I don't know exactly how it works.
I do know that dishes do not pick up the local government channel. You miss the
city council meeting if you get a dish.
Thomberry/But you can get other comedy channels.
Kubby/There is a group that has formed out there called Citizens Against Cable Abuse or
CACA. So people can get a hold of them as well.
Thomberry/But write to TCI. Tell them what you want. Tell them what we want. We
want a good cable system that Cedar Rapids is going to- Is Cedar Rapids, I
understand TCI bought out Cox Cable in Cedar Rapids. Is that correct?
Helling/My understanding is that they did some sort of a trade out. That Cox got a TCI
system somewhere where Cox has got a lot of systems and TCI picked this one up
where they have other systems in the area.
Thomberry/Are the subscribers in Cedar Rapids going to be getting essentially the same
channels that we get in Iowa City?
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Helling/I don't know. My understanding right now is there is the transfer of ownership is
in question in Cedar Rapids. I don't know what the Cedar Rapids council has done
recently.
Thomberry/Well, if they do nothing, they change. They can either approve it or do
nothing.
Helling/I don't know for sure. My understanding again, Dean, is that this is a change that
TCI is making in a lot of its systems, not just Iowa City. Trading out the super
stations for some of these other services.
Nov/There has been quite a bit in the Register. So I know they are doing it in the Des
Moines area.
Thornberry/]t says in your letter, Dale, that the franchise for completing the upgrade of
the local system to a 80 channel fiberoptic coaxial cable system by February 19987
Helling/Correct.
Thornberry/We have received no official request from TCI thus far. ] will keep you
advised.
Kubby/But has there been any informal conversation, although not an official request
about that.
Norton/I thought that ] read between the lines that there was slippage coming along.
Helling/The only- The reason that I am aware of it is because of what first came to my
attention in the newspaper that TCI officials had indicated to Coralville officials
when they declined to sign the agreement out there that they would be contacting
Iowa City to try to negotiate an extension of that deadline. That is how I became
aware of it.
Norton/Because technologies are changing again.
Thomberry/So we don't hold our breath on 80 channels by February of'98.
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Helling/We have a franchise agreement executed earlier this year that requires the cable
company to complete that system by February of 1998.
Thomberry/And what are the penalties if they don't?
Helling/There are monetary penalties built in but I think we would want to look at that,
too. That would be a major breach of the franchise agreement. I think we might
be- You now, we would want to look at whether or not we could revoke the
franchise based on their failure to comply.
Thomberry/If they breach their contract with us regarding that contract, could we then
investigate getting another company?
Nov/Yes.
Helling/We can do that anyway. This is a non-exclusive franchise and I think that is what
a lot of people don't realize. Any company can come in now. Certainly if there
were not a franchisee in the community, it would be much more attractive for
another company to come in. For a company to come in and try to go to the
expense to build a parallel system to compete is really not financially- It is very
risky at best.
Thomberry/But ifTCI- If they breached their contract and we said TCI won't be here,
then it would be relatively easy for another competing company to come in. Is that
not right?
Helling/Yeah, assuming that TCI went away quietly and didn't take us to court which I
suspect they would. But if we were able to revoke their franchise, then yes, I think
it would be very easy to get somebody else to come in.
Thornben3,/Think dish. That is all.
Lehman/I think it is appropriate this time of year, this is not really city business. But I
would like to personally wish all of the council folks a very joyous holiday season
and a happy new year and I think the council and I guess I am not known for
speaking to the television audience. But I am sure as a council we would certainly
wish the people of this community a very very joyous holiday season and a happy
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new year and Steve I hope you will communicate that to our city employees. And I
think it is especially important, particular at holiday time when we are enjoying our
families and we are enjoying each other, it is such a joyous time, to realize that not
everyone is as fortunate as we are and there are folks out there who aren't going
to be having a joyous holiday and I think the more that we can remember those
folks, the better off we are. Thank you.
Kubby/I have a couple of transit related issues. I have been starting to fide the bus again
about a month ago because it was starting to get colder and icy and rainy. I don't
always like to ride my bike at night when it is rainy. It is more slick and dangerous.
And so I have been looking at the bus schedules and the bus that I take and I am
looking at the night schedule, is every hour. But when I look at the Broadway and
the Oakcrest Night Schedules, they go 6:30, 7:00, 8:00. They skip an hour and
then are back on at 10:00. And the Broadway is 6:30, 7:30, 8:30. They skip 9:30
and are on for 10:30. So I called Transit to say I know that we said to cut out an
hour and I assumed that it was the last hour because that would be the most cost
effective way to do it and Ron said that that wasn't council's direction. That there
was some discussion about wanting some of those particular routes to go as late as
possible. So I had Marian dig up some of our Transit discussions and I didn't
know what a task it was that I was asking her to do. It was fairly thick. I finally
got through it and it is ve~ confusing as to what our direction was. I can't really
pin point and say this was our direction, read these five sentences or these
sentences over here. And it seems off to have- The reason we were doing this is to
save money and create some et~iciencies and to have an hour in the middle be the
one cut out doesn't seem like we would gain those efficiencies and ! guess I really
didn't understand the explanation that well and after looking at the record. So I
would like to maybe get some written explanation and if indeed, that was or even if
our direction was confusing, it may be that we need to re-look at that. There may
be some pros and cons.
Norton/It seems to me-
Kubby/Maybe get some information from people riding those night routes to see is this
working for you and are we seeing the cost savings that was our goal.
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Norton/I am assuming we looked at where the rides are originating. That the they are
serving a clump of people that have to meet a deadline and therefore trying to
accommodate that late hour.
Kubby/There may be a lot of people who get off work d.t. at 9:00 and this is working and
there are cost savings but I would like some written-
Arkins/I will prepare it for you.
Nov/We did do a ridership count and maybe on that particular route the ridership was
better at 10:30 and therefore it made sense to cut out 9:30 rather than 10:30.
Kubby/But are there also cost savings because if there aren't then lets put the middle
route back in.
Thomberry/What is the driver doing in that time that he is not driving?
Norton/Well, they may share a route at that point. it is complicated.
Arkins/I will prepare something.
Kubby/I am glad I don't have to remember which hour my particular bus going home is
now. Although I always can'y my schedule.
The other Transit thing is we got some information about the methane gas in the
Transit Building and that it wasn't compromising people's health but it is enough
that people notice it. I do want us to pursue rectification and get consistent
reports. It was really nice to get that report and have some more detail.
Nov/I am happy to hear that they are working on it. It looks like there could be some way
to get rid of it.
Kubby/It would be wonderful to completely deal with that because it makes me nervous
to say there are levels that are detectable but they are not harmful. I just feel
uncomfortable.
Nov/You don't want to smell it either if it is not harmful.
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page 13
Kubby/Thatis right. You don't want peopleworkinginthatenvkonmentforlong
pefiodsoftime.
We also got a memo from the City Manager-
CHANGE TAPE TO REEL 96-150 SIDE 2
Kubby/Things we are doing about d.c. in terms of clean up and holiday lights. And just all
the investment that we are making in d.C. and I just wanted to make sure that the
DTA and the Monday Forum and the DT Strategy Committee get a copy of that.
It is a nice list of things. It is nice when you see all of those things on one or two
pages. See all the movement that is happening.
And my last item is I wanted to thank a city employee for going above and beyond
the call of duty. I can't remember if it was about a month ago wen the tornadoes
warnings went off and people from the Civic center went down in the basement
and had some other people receiving services from the Public Housing Authority at
the Public Housing Authority and people were esconext by Housing Authority
employees over here to go in the basement and one of those employees, Carol
Porch, was escorting someone across the street and got hit by a car in doing her
job in hel~oing someone get across the street. She wasn't severely injured but it was
pretty harsh thing to get hit by a car as a pedestrian and I just wanted to thank her
for being there and helping some who needed some help to get to safety during a
tornado watch and would love it if we could send a letter to her just thanking her
and hope that she is doing well in recovering from her accident with a car.
Nov/We could even send a card.
Kubby/It would be really nice.
Nov/We could do that.
Kubby/It would be great. Thank you. That is all I have.
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# 17 page 14
Thomberry/One other thing. I wanted to thank the city also for one other thing. For
eliminating the speed bump on North Dodge. They ground down the speed bump
on North Dodge by the HyVee.
Atkins/We don't deliberately put speed bumps-
Thomberry/It wasn't a deliberate speed bump but it was- I bumped it several months ago,
weeks, maybe days. And it ground off.
Nov/Okay. Mr. Norton.
Norton/I will be extremely brief. I don't expect action on these. I just want two items that
I am trying to find more information about. One is our sidewalk program. I
thought that we had a policy of sidewalks. There are a lot of places in town that
seem to me don't have and ought to have them. I don't know what our- Don't we
have a general policy of"sidewalks?"
AtkinY Generally speaking they go in when we build new subdivisions.
Norton/I am talking about in existing regions.
AtkinY We have, ifI recall and help me a little bit on this, Dale, Mary Linda. We will go
into neighborhoods and construct sidewalks and specially assess them. Normally
when the special assessment idea hits, they are no longer interested.
Norton/Well, it does seem tome- I can think of places. I hate to add to anybody's
assessment. I can think of places and I could name them if you wish. I won't. That
seem to me would be a safety ~natter to have them and I just didn't know whether
we had a program kind of like we do with curb ramps to try to extend our
sidewalk network gradually in some more or less systematic way. Of it is just a
matter of complaint basis?
Atkins/If you could give me a list of those that you have because 1 may be able to get you
some quick history that we may have talked to folks about it and they may have
rejected it.
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# 17 page 15
Woito/Years ago we did something like we do now with the curb ramps. We used CDBG
money for sidewalks.
Norton/Yeah, I thought there was kind of a systematic program but maybe there is not.
Woito/And we can also, I mean, HIS use to have a more systematic inspection system I
think and would tag them and require- You can require the property owner to
replace them.
Atkins/Yeah, repair we do.,
Norton/I understand that but I mean I am talking about places where they are not there at
all and people are forced into the street.
Kubby/There are pros and cons with that because of the expense of concrete is incredible
and it matters how much pedestrian traffic and the kinds of pedestrian traffic.
Norton/I think it ought to be perhaps tempered but I just don't see that we have either a
policy or a program at the moment.
Woito/For ones that aren't there, no.
Norton/Now the other question that I wanted you to think about if you will. I think the
historic preservation, historic landmark, conservation district, we need to think
about some additional way for incentives. I presume possible tax incentive that is
being explored is a very weak one I think. For a few years abatement on the
improvements that you made or something like that.
Nov/Well, it-
Norton/Well, this is- When you have certain kind of improvement that it is not going to
be all that much. And they don't have that yet either and I don't know whether we
can do anything to help move that along. Even that would be a help. I guess the
county has to do that. Is that correct?
Arkins/I don't know.
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# 17 page 16
Nov/Yes, the county and our Historic Preservation Commission is looking at it.
Kubby/They asked us for permission, kind of, to go and lobby.
Norton/I am wondering is there anything that can be done. I would encourage them or us
to help find other ways that we could offer an incentive. It seems to be very tough
to come to somebody and tell them say, we want to preserve you for the beauty of
our city but it is your nickel.
Nov/There are some state and federal funding. They are not huge but they are some.
Norton/At least the people I know, I am talking about College Green and that area out
there where they are considering. I know some folks out there that think it is just
not enough quid for the quo.
Arkins/Another community that I served, council authorized an appropriation ofmoney, I
forget exactly what it was, $200,000 or something, to create a low interest loan
pool.
Norton/Well something of that kind. Something like that. I think we just need to be- I just
want to throw it our for some thought and I will talk to the Commission. I know
the Commission is full of ideas but I think if they knew we were concerned
because I think it would be very nice for them to have a little carrot to go along
with their request.
Kubby/Maybe that could be part of a budget proposal for our upcoming discussion. To
look at it in the big picture of all the city needs and incentives we need here and
there.
Norton/I understand. Everything I bring up costs money, like sidewalks and incentives.
But there we are. Okay. I will stop while you are ahead.
Nov/Okay, thank you. I have given the city council a letter from the Citizen Aid
Ombudsman for the State oflowa. I had a telephone conversation with him. He
sent me a stack of papers about so thick which I haven't had time to read.
However, in his letter, he says that his office is a possible way for a citizen to
appeal a PCRB decision. You do not have to do this at the local level. We can ask
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F121796
#17
page 17
them to do it and they will do it at the request of a citizen and they will be an
impartial third party to that analysis. And it is something we may want to consider
as we write the ordinance for that.
Also I have a slightly revised copy of the State Preemption of Local Tobacco
related Ordinances. I made the two changes that were suggested by city council
and a couple of changes that were suggested by our City Attorney. This one that
you received tonight is the one that will be on the agenda in January. I would like
us to put this on as our resolution 1997 #1 and then send it to the Governor and
legislature. I will also give copies to other local governments in Johnson County
and hope that they will do something similar.
Norton/Does that mean Ernie and Dean won't be able to smoke at council meetings?
Nov/No, it just says we will have some local control. We may have very little local
control. In some cities they have done a lot of prohibition of smoking/But we
really have a lot of it right now. Iowa City has smoking, non-smoking areas in our
restaurants before the state law came in. So I don't know how much we are going
to change but it would be nice to get some local control. Okay, is there anything
else from the council?
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# 18b
page 1
ITEM NO. 18.b. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY
ATTORNEY
b. City Attorney.
Nov/City Attorney.
Woito/I have something. Judge Gerard, who is a Magistrate here in Iowa City, called. I
think I sent a copy of the letter that I wrote at your request to Judge Honsell
regarding community service for minor misdemeanance. And Judge Gerard was
very pleased to know that you were interested in community service and he will be
delighted to work with us. We need one person or two persons, whatever, that
Steve needs to designate as someone who would supervise and be responsible for
the people. But they would be able to do hours of community service, clean up the
d.t., and contribute to the community. So the judges were very pleased.
Nov/Good, very nice.
Woito/The ball is now in our court.
Norton/Pursue this somehow. I think it would be very useful. I can see anything more
appropriate in these cases.
Nov/Okay, can we designate a supervisor.
Atkins/We will think about that.
Norton/Something more to think about.
Woito/And that is all.
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F121796
City Council Work Session Agendas and Meeting Schedule
1996
I December 16
6:30 p.m.
7:00 p.m.
Special City Council Meeting .- Council Chambers
Executive Session - Litigation
City Council Work Session - Council Chambers
Times Are Approximate
7:00 p.m.
7:15 p.m.
7:45 p.m.
8:05 p.m.
8:15 p.m.
8:25 p.m.
8:45 p.m.
8:55 p.m.
9:05 p.m.
9:50 p.m.
Review Zoning Matters
Streb Property
Riverfront Trail Presentation [Jeff Davidson and Casey Cook]
Jazz Fest Presentation [Mark Ginsberg]
Pedicab Insurance
Cemetery
Utility Allowances
Low-Income Assistance Discounts
PCRB
Council Agenda, Council Time
IDecember '17
7:00 p.m. Regular Formal City Council Meeting - CounciIChambers
I December 24-25
MondayI
~ue~dayl
Tuesday andWednesdayI
CHRISTMAS HOLIDAY-CITY OFFICES CLOSED
~ecember30-3'1
1997
COUNCIL MEETINGS CANCELLED
Monday and TuesdayI
I January 1
WednesdayI
NEW YEAR'S DAY. CITY OFFICES CLOSED
~an_uary 13
7:00 p.m,
City Council Work Session - Council Chambers
Mon. dayJ
[January 14
7:00 p,m. Regular Formal City Council Meeting- Council Chambers
TuesdayI
J January 27
7:00 p,m,
City Council Work Session - Council Chambers
MondayI
I January 28
7:00 p.m.
Regular Formal City Council Meeting - Council Chambers
TuesdayI