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HomeMy WebLinkAbout1998-12-01 Transcription#2 page 1 ITEM NO. 2 OUTSTANDING STUDENT CITIZENSHIP AWARDS (Lincoln Elementary) Lehman/Item #2 is the Outstanding Student Citizenship Awards. If I could have Yoav and Alex and Alexandra come up? This is the best part of the Council meeting. I thoroughly enjoy it. These young folks have been selected by their peers and we'll hear about that. But first, we'll hear them give us the reason why they've been selected. Yoav Stramer/I think I was chosen for the Outstanding Student Citizen Award because I work well with other people, I get my homework in on time, I listen during class, I volunteer for everything I can volunteer for and I help others who need help and I set good examples for the younger children at our school. I thank you for giving me this honor today. Thank you. O'Donnell/Very good. Alex Bryk/I think the reason I was chosen to receive this award for Lincoln School is because I am reliable. I do things right away. I am also a responsible person. My teachers can count on me. I don't fool around in class. I try to be fair and I get along with other people. I like to volunteer for things. I don't push myself too far. And I have a positive attitude. I would like to thank my teachers very much for giving me this award. Alexandra Krieg/I'm honored and pleased to have been chosen to represent Lincoln Elementary for this year's Iowa City Council Outstanding Student Citizen Award. I think I was chosen for this award because I work well with other people. I also volunteer in different ways at Lincoln, such as Safety Patrol, Mediate and Lunch Server. Thank you for this honor. Lehman/I hope Council was listening to that, because if we could just say those things truthfully, we'd be a better Council. I'll read the award in just a second. But I'm sure the folks out here are just as proud of you as the Council are, and I know your parents are. And speaking as a grandparent, I know grandparents are really proud. And I'm a full-time grandparent. The award reads: "For his outstanding qualities of leadership within Lincoln Elementary, as well as the community, and for his sense of responsibility and helpfulness to others, we recognize Yoav Stromer as an Outstanding Student Citizen. Your community is proud of you. Presented by the Iowa City City Council." Alex, this is yours. It says the same thing. And Alexandra. Thank you very much. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #3d page 2 ITEM NO. 3d MAYOR'S PROCLAMATIONS - Human Rights Day - December 10 Lehman/Item #3 is the Mayor's Proclamations. And we're going to take these just a little bit out of order. (Reads Human Rights Day proclamation). Madan Karr/Here to accept is Dorothy Paul. Dorothy Paul/Well, on behalf of the many, many people in Iowa City that support human fights, I thank you. I also want to invite everyone to the Human Rights Celebration at the Iowa City Public Library on December 10th at 7:00 p.m. And this Declaration will be an important part of that celebration. Thank you. Lehman/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #3a page 3 ITEM NO. 3a MAYOR'S PROCLAMATIONS - World AIDS Day - December 1 Lehman/(Reads World AIDS Day Proclamation). Karr/Here to accept is Karen Robinson. Karen Robinson/Wo~d AIDS Day was first observed for the first time on December 1, 1988. World AIDS Day, observed annually on December 1st, serves to strengthen the global effort to face the challenges of the AIDS pandemic which continues to spread throughout the wo~d. This year's focus is A Force for Change. The theme aims to motivate young people to get involved in reducing the spread of HIV as well as encourages them to have compassion for and lend support to those affected by HIV and AIDS. This year's World AIDS Day activities have been quite successful. For those of you who were fortunate to be down by Hubbard Park at noon today, over about 150 students held up a red ribbon on the field, and it was extremely moving to see that happen. All of our events have included a community-wide relationship and a parmership with the University of Iowa with over 20 organizations coordinating things this year, from reading of the names to a community fortan to the red ribbon. And ICARE's fund- raiser tonight, what else, Joe, you can -- Joe Wilson/Well, actually, there is one more World AIDS Day program coming up at 8:00, a little less than an hour, in the Main Ballroom, which is on the second floor of the Iowa Memorial Union. An organization called Students for Camp Heartland, which is at the University, it's a local chapter of a national organization that raises money for a camp in Minnesota for children infected with and affected by HIV/AIDS. They're having a program at 8:00. So we'd like to invite all of you to that. And I'd also like to invite everybody, although it's not a World AIDS Day event, in about 24 hours in this very same room, a public forum called "Hate Crimes, the Law, and You". And we'd also like to thank Mayor Lehman for participating in one of our events, the Reading of the Names, which honors those Americans who have died from AIDS-related complications. The names are read of those people, and Mayor Lehman graciously donated some time last night to read some of those names. Thank you. Champion/Are there any other local organizations besides ICARE that people could send donations to? Robinson/Local organizations? There's ICARE, there's the Southern, or Southeastern Iowa HIV Care Consortium Trust Fund that does provide services, emergency funds for people living with HIV and AIDS through the Johnson County Department of Public Health. And the Free Medical Clinic, also, for HIV testing and counseling. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #3a page 4 Wilson/Actually, if you look on the back of the program, and I can make these available to anybody here in the audience, World AIDS Day events are coordinated by an organization called Healthy and Positive Interventions, HAPI or "happy". The HAPI Committee. And all of the representative agencies in some way, shape, or form, deal with HIV/AIDS issues. So any of those that you would see on the back here are dealing with those issues and many of them need volunteers or donations and so you can contact those. Champion/Thank you. Robinson/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #3b page 5 ITEM NO. 3b MAYOR'S PROCLAMATIONS - City High Little Hawks Volleyball Team Recognition Day - December 2 Lehman/The next two proclamations involve more than just one or two recipients, so -- (Reads City High Little Hawks Volleyball Team Recognition Day Proclamation). Karr/Here to accept is Coach Delozier and members of the Class 3A State Volleyball Champions, the City High Little Hawks. Lehman/We're going to change that. Would you like to introduce the team? Diane Delozier/I'm going to have them introduce themselves. I'm Diane Delozier. So, I'm going to hand the mic to them. They like to talk. Team/I'm Kelli Chesnut. I'm Assistant Coach Kirsten Bernthai. Carla Hirokawa. I'm Stacy Moss. I'm Jesslea Hodge. Jill Tiemeyer. Emily Rowat, Liz Hill. Megan Recker. Lehman/Great job Coach, kids. We're very proud of you. O'Donnell/Errde, you'd better stand here for the next one. These are big guys. Lehman/You guys want to protect me? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #3c page 6 ITEM NO. 3c MAYOR'S PROCLAMATIONS - Trojan Football Team Recognition Day - December 4 Lehman/(Reads Trojan Football Team Recognition Day Proclamation). Karr/Here to accept is Coach Reese Morgan and members of the Class 4A State Football Champions 1998, West High Trojan Football Team. Lehman/Last time I saw these guys, they were singing "We Are the Champions". Did you guys leave anybody at the school? Reese, congratulations. Great bunch of kids. Tremendous job. Reese Morgan/Thank you very much. We'd like to have our players introduce themselves at this time. Team/My name's Nick Boyd: Alex Dumitrescu, Leo Ebot, Santiz Langford. Josh Luerkens, Mat Schaapveld, Tyler Luebke, Jason Brown, Jeff Gordon, Bruce Davis. Morgan/Yeah. I guess on behalf of West High community, we'd like to thank the City of Iowa City for this tremendous honor. We feel very privileged to represent West High School and the Iowa City School District and the cities of Iowa City, Coralville, Noah Libeay, and Hills in the State Toumament. And we thank you very much for this honor. Lehman/Thank you. O'Donnell/That's my wife's first cousin. Thomberry/That's your grandson? O'Donnell/That's my wife's first cousin. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #4 page 7 ITEM NO. 4 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Lehman/(Reads agenda Item #4). Norton/Move adoption. Thomberry/Second. Lehman/Moved by Norton, seconded by Thomberry. Discussion? Champion/Well, Mr. Mayor, I'd just like to once again thank the Staff who've worked on the Summit Street Neighborhood in developing the design of the Summit Street Bridge. There was great fear for as long as I lived on Summit Street that that bridge would be replaced with some terrible looking thing. Lehman/You knew we wouldn't do that. Champion/Well, we thought you would. Lehman/No. That's why you ran for Council. Champion/But I just think there was a tremendous amount of input from everybody, and I haven't heard one negative thing about it. And I'm just really pleased that it all worked out, to preserve the integrity of the neighborhood. Norton/I want to second that, Ernie, and cite the example -- we've just finished the Woolf Avenue Bridge, and Ernie and I were over there a week, since the last meeting, for a party, they opened the bridge and the ribbon cutting. And there were several nice speeches, and there was a reception in one of the homes. Someone had written a long poem. University professor who lives nearby had written a poem. And it was quite an occasion. And the rest of the, the camaraderie that had developed between the neighbors and the people that ran the cranes and the rest of the construction crew was really, it was just really touching. Thornberry/Oh, they brought out cookies and lemonade and everything else to the workers. Norton / Well, we went in and had 'em in style. Lehman/Well, I, and Dee, I think the point was the folks out there really appreciated so much how the City folks and the contractor worked with the neighborhood. It This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #4 page 8 made a difficult situation certainly a livable one. And the bridge was certainly worth the inconvenience. Norton/And the neighbors there and on Summit Street both contributed substantially to the design. For example, on the Summit Street bridge, they invented the idea of a bench, a little cut-out and a bench in the middle so you can sit there and watch the trains if you like. Champion/Watch the trains. Norton/So, very nice. Champion/(Can't understand) have done a lot. Lehman/Other discussion? Roll call- (yes; Kubby and Vanderhoef absent). Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #5 page 9 ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA) Lehman/Item #5 is Public Discussion. This is the time reserved for discussion of items that do not appear on the agenda. If you'd like to address Council, please sign in, give your name, and limit your comments to five minutes or less. Gary Sanders/Hi. My name's Gary Sanders. A couple comments, if I may. I'm glad some of you have talked to me about my thoughts on the Citizens' Patrol, or Granny Patrol on the Ped Mall, which I put forward at the Ped Mall Improvement meeting several weeks ago at the Library. I have spoken with the staffer of the DTA and I'll be continuing to work on that. I'd also like to thank the Police who responded on Saturday to my 911 call. This is the 3rd time in my 21 years that the Police have responded to those. And all of them have been done quite efficiently and I don't want to name officers. I think that might embarrass them. But I would just like to let everyone know that we've got some good folks here, going from the dispatch out to the officers on the street. Third, about the ramp. The issue that won't die. I mean, it's really unbelievable. I am not naYve. Obviously, the plan is in place. The votes are there on the Council for this thing to proceed. I don't think anything I can say or anybody else can say is going to stop this. But I did want to have another minute or two about it. I was here in February, speaking against it. And I suggested at that time that the City look into something like a flee shuttle trolley from the existing ramps, especially Chauncey Swann. These ramps are not at capacity. I would hope Joe Fowler could provide the hard data on that. And my idea was met with a few smiles. Some of my ideas are, and it was let go. Okay. Again, this is sort of my last comment on it. I think that before buildings are knocked down and another ramp is built, some comment be made. Some very quick study be done of the feasibility of a trolley. And I also ask you to go to the source of the problem. Which is the continuing growth of the University of Iowa and the totally insatiable demand by the students for parking. If you read the DI, you know, it appears time after time. Their complaints that they can't have the parking exactly where they want it, when they want it, at the price they want it. Ordinary citizens would like to know why we should pay the cost in dollars and ugliness for a ramp which is necessitated by student demand for parking. And that's what it is. I mean, you can go out there in August or during break, and it's pretty obvious. You can get a place to park in Iowa Avenue. We have no leverage, it seems, with the University. We found that out that we don't even have a say in the airspace between their buildings. They can do whatever they want. And I hope that issue is visited with the State Legislature in the next session. But we can't do anything at all to convince them to build their own ramp. They have their own spot right there on that comer of Iowa and Gilbert that's sitting with one level of surface parking. And I never hear anything about the possibility of that. We continually hear that we have to destroy existing buildings and build a ramp because the University won't do This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #5 page 10 anything. And I'd like to know why. I mean, you know, I, if I were up there, you know, maybe I'd make a phone call over to Mary Sue Coleman's office and say you know, maybe we're not going to be able to supply the Police overtime for football games this week. We just can't do it. It seems to me that obviously we're not going to do this or anything like that. But what can we do with them? Build them for the cost of the students' misbehavior downtown? You know, for all the Police overtime that's involved there? But we're not going to do that, either. But we're, and we're also even passing an ordinance tonight, this party ordinance, because the University in its wisdom has decided that, you know, after I don't know how many years, probably since the beginning of time, of students drinking in fratemities, that that's not going to be allowed anymore. So the problem is pushed into the community. So we have to, we have to come up with another ordinance to deal with the excessive noise coming from their parties. When does this end? When does our responsibility and cost as a citizenry, you know, end, and the University's begin? The town's infrastructure, frankly, as I see it after my 21 years here, was not built for a city, the city infrastructure was not built to accommodate 30,000 students with cars. I don't believe that was part of the plan. We've had at least 10,000 more students since I've been here. Seemingly all of them with cars. I again would like to suggest that we go to the heart of the problem and possibly students would use more bike lanes if they were available, more shuttle buses. Even the trolley. Something. Something imaginative. I don't think we can get the ordinary citizen out of the vehicle. That seems to be fairly ingrained. But I'm hoping that we can do something imaginative to get some of the young people out so that we don't have to go forward with this ramp. Again, I know the votes are there. But I want to make this last minute plea. I realize that the ramp is necessary if you're going to go ahead with the Iowa Avenue Improvements which I think are wonderful. I'm just, I'm just very saddened at what's going to happen. All fight. Thank you. Lehman/Thank you. Champion/Gary? I'd just like to comment that your ideas are good. The free shuttle that we've been, we've had for a year now, has been carrying an outstanding number of people. Way beyond what we ever thought it would. So there are some kinds of imaginative things or ways to move people around. That's been very successful. So, I'm not just smiling at your ideas. I think it's things we could explore. I'd like to see a lot more free transportation to move kids around. Sanders/Maybe another free shuttle. I think it'd be instructive if one day, or a few days, you go out on Iowa Avenue and have some people just talk to the people who are parking. Do a survey. Where are they coming from? How many blocks away? And I think that's really what it's going to be, in most cases, is literally blocks away. I would guess just 3/4 of them from under a mile, mile and a half at the This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #5 page 11 most. 3/4 of all the cars on Iowa Avenue during the day I would bet would be within a mile and a half. And how long did they need to be in those spots? Is it people for one hour to two hours for a class? I would like to see that study done. And it seems to me that could be done fai~y quickly with even volunteers. I would volunteer to go and ask people who are parking there. You know, a simple little three question form. How far away did you drive to get here? How long are you going to be here? You know, are you going to go to the new ramp? That's all. And I think you might be surprised at the results. Thornberry/Gary, we have talked with, all of us have gone eyeball to eyeball with the Mayor and Mary Sue Coleman and her staff. And that was brought up several times. Norton/I want to add one, two points, Gary. One, we have, for a long time, for at least three years now been pushing for consideration of a Police Auxiliary of some kind, some kind of expanded Police presence downtown. We know that that's crucial and something's going to have to be done and will be done very shortly, I think, in that area. That's the only way to make that calmer down there. We also, I also think you have to recognize that students are citizens and pay a good deal of the freight in this town, and need a place to park. I don't see quite the problem if they want to park. They're just as good as the next person to park, it seems to me. And they have a right to have some options. I don't think that responsibility necessarily is all the University's. But we are talking with them about sharing and we wish they had done more. But I don't begrudge them a place to park. I don't think it can be free. But I don't begrudge it. They pay the freight. Snyder/All fight. Thanks very much. Lehman/Other public discussion on non-agenda items? Audience/Can we speak on items that are on the agenda? Thornberry/That are not on the agenda. Lehman/If they're on the agenda, we'll take them as they appear on the agenda. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #6c page 12 ITEM NO. 6c PLANNING AND ZONING MATTERS - Consider an ordinance changing the zoning designation of approximately 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing Overlay (OPDH-5), to allow 36 dwelling units, for property located at Wellington Drive and Village Road. (REZ98-0012/SUB98-0021) Lehman/(Reads agenda item #6c). This also is second consideration. Thornberry/So moved. Norton/Second. Lehman/Moved by Thornberry, seconded by O'Donnell. Discussion? Oh, pardon me, Norton. Roll call- (yes; Kubby and Vanderhoef absent). Motion carded. Incidentally, I forgot to mention, Dee Vanderhoef would have been here tonight. She is at a National League of Cities meeting. If I hadn't said that at some time during the meeting, she'd be very unhappy. She would have been here. She's not here by her own choice. She's working for the City this week. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #6g page 13 ITEM NO. 6g Consider a resolution approving a final plat of Galway Hills Subdivision, Part Five, a 13.64 acre, 8-lot residential subdivision located on the south side of Melrose Avenue and West of West High School. (SUB98-0026) Lehman/(Reads agenda item #6g). Thornberry/Move adoption of the resolution. Norton/Second. Lehman/Moved by Thomberry, seconded by Norton. Discussion? Norton/Well, I'm glad this is finally concluded. And I look forward to the facility that's going to be constructed there. If everything goes as planned, it's going to be, I think, a very attractive senior housing situation, isn't it? It looks very nice in the plans. This is a company that did one in West Des Moines that I happen to have seen. And it's very, very attractive. Lehman/And this is, you know, a good sized development. I think it'd be, you know, definitely an asset for the community. Other discussion? Roll call- (yes; Kubby and Vanderhoef absent). Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #6h page 14 ITEM NO. 6h Consider a resolution approving a preliminary and final plat of Resubdivision of Lots, 3, 4, 5, and 6 of W.B. Development, an 8.33 acre, 8-1ot commercial subdivision located on the south side of Escort Lane. Lehman/Just to west of Highway 1/218 intersection. Thomberry/Move adoption of this resolution. Lehman/Moved by Thornberry. O'Donnell/Second Lehman/Second by O'Donnell. Discussion. Norton/And all those easements are okay? Lehman/My understanding is everything is in order. Dilkes/Yes Norton/Kind of tight getting in and out. Yea. Lehman/Roll call Lehman 5/0 This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #7 page 15 ITEM NO. 7 CONVEYANCE OF VACATED PORTIONS OF THE DES MOINES STREET RIGHT-OF-WAY LOCATED WEST OF CAPITOL STREET AND EAST OF THE IOWA RIVER, THE MADISON STREET RIGHT-OF-WAY SOUTH OF PRENTISS STREET AND NORTH OF THE IOWA INTERSTATE RAILROAD TRACKS, AND THE 20 FOOT WIDE ALLEY BETWEEN PRENTISS STREET AND THE DES MOINES STREET RIGHT-OF-WAY WEST OF CAPITOL STREET TO THE UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS, THE REDEVELOPER OF THE SUBJECT PROPERTY AND OWNER OF ALL ABUTTING PROPERTIES, FOR A PURPOSE AND WITHOUT COMPENSATION. a. PUBLIC HEARING Lehman/(Reads agenda item #7). P.h. is open. Norton/It's going to make that a prettier comer. Lehman/Oh, yeah. Norton/It's a little grim now. Lehman/P.h. is closed. b. CONSIDER A RESOLUTION APPROVING Thornberry/Move adoption. Lehman/Moved by Thomberry. Norton/Second. Lehman/Seconded by Norton. Farther discussion? Roll call- (yes; Kubby and Vanderhoefabsent). Motioncarries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #8 page 16 ITEM NO. 8 CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY AMENDING CHAPTER 8, ENTITLED "POLICE CITIZENS' REVIEW BOARD," SPECIFICALLY, SECTIONS 8-8-2 AND 8-8-7, TO ELIMINATE COMPLAINANT PARTICIPATION IN DUE PROCESS NAME-CLEARING HEARINGS. (FIRST CONSIDERATION) Lehman/(Reads agenda item #8). This is our first consideration. And Eleanor, would you briefly explain what this does? Eleanor Dilkes/You need to put it on the floor first. Lehman/Oh, we need a motion. Norton/Move adoption. Lehman/Moved by Norton. Thomberry/Second. Lehman/Seconded by Thomberry. Dilkes/The recommendation that the ordinance be amended came about when my office was reviewing the standard operation procedures proposed for the PCRB by the PCRB. And the operating procedures they proposed for the name-clearing hearing were I think compelled by the current ordinance. But the current ordinance provides for participation by the complainant. And we believe that that is not one, what was intended by the name-clearing hearing which is to, for the officer, consistent with principles of due process, the opportunity to be confronted with the criticism or the proposed criticism of the board and have an opportunity to respond to those criticisms. That name-clearing heating, it's a name-clearing heating for the officer, and not, certainly, for the complainant. And the participation of the complainant just is not appropriate, we believe, in that context. In addition, nowhere else in the ordinance is there an adversarial heating contemplated. So we think it's also, this change is also consistent with the rest of the ordinance. Lehman/Discussion? Norton/Of course, mediation is provided. There is opportunity for that, for face-to-face - Lehman/This isn't -- This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #8 page 17 Norton/Situation if mediation is entered into. Right? Dilkes/There's oppommity for mediation. There's also an opportunity for the PCRB as part of its investigative process, to interview the complainant. Lehman/This is pretty much a procedural item. Is that correct? Dilkes/Pardon me? Lehman/This is pretty much a procedural item as far as the process that the PCRB will use? Norton/No. Dilkes/Uh, yes. Lehman/That's what I thought. Further discussion? Roll call- (yes; Kubby and Vanderhoefabsent). Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #10 page 18 ITEM NO. 10 CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 8-5-5, ENTITLED "KEEPING DISORDERLY HOUSE," TO PROVIDE FOR POLICE INITIATED COMPLAINTS AND TO PROVIDE FOR POLICE AUTHORITY TO RESTORE ORDER AND DISPERSE PERSONS FROM VIOLATING PREMISES. Lehman/(Reads agenda item # 10). Norton/Move adoption of the ordinance. Thomberry/Second. Lehman/Moved by Norton, seconded by Thornberry. Discussion? And Eleanor, do you want to just briefly explain what, these are rather minor changes, but, and I think they're pretty clear, but if you'd just explain them briefly? Dilkes/The disorderly house ordinance, our local ordinance, has been on the books for a number of years. The changes that are being made by the ordinance in front of you are one, to provide the, or make it clear that a police officer can be the complainant without a neighborhood complaint. That's in response to an interpretation by some magistrates that there must be a neighborhood complaint. It's my understanding, in talking to the Police, that they anticipate that they will use this very rarely, but it is an additional tool for them. And number two, it does broaden the conduct for which a party host can be held responsible. It includes sort of a catch-all phrase that says, includes one, disorderly conduct which incorporates by reference our disorderly conduct ordinance, and then any other conduct or condition that threatens injury to persons or damage to property. And the finally, it allows, after the issuance of a citation for disorde~y house to the party host, after that citation has been issued, it allows the police officer to order dispersal of the party and to cite persons who don't disperse with a violation of this ordinance. Norton/Emie, I think it's important to respond to some of the letters we've had, and the comments we've had where people seem to construe that this change gives the police some kind of authority to enter premises. It doesn't do that at all. As I understand it, it's simply no change in that. Entering the premises requires a search warrant or exigent circumstances. Dilkes/It does not. Norton/So it doesn't change that at all. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #10 page 19 Dilkes/No. It doesn't. And it couldn't. Those are constitutional principles. Norton/And as you pointed out, in most cases, the police would prefer not to be the only complainant. They would prefer, I think, to have a neighbor complain as well. It would be a stronger case if they had to go to court. Dilkes/Right. And I, frankly, I mean, as I've said a number of times, it's the judges or the magistrates that are going to be making the final decision on whether indeed there was a disorderly house. And I think, clearly, it would be helpful in making that case to have a neighborhood complaint. Champion/The other problem that people have had with this ordinance is that people would not be able to congregate and campaign for something. And this has nothing to do with people having groups for protests or rallies. It has nothing to do with that. Dilkes/No. Lehman/As long as they're orderly. Champion/Right. But then it's covered under different laws anyway. Dilkes/I mean, I guess one can envision a '- Champion/ A wild party on the street. Dilkes/Right. Or, I mean, not on the street, this is on private property. Lehman/On private property. Dilkes/That's fight. Lehman/Other discussion? Roll call- (yes; Kubby and Vanderhoef absent). Motion carries. Karr/Can we have a motion to accept correspondence? Thornberry/So moved. O'Donnell/Second. Lehman/Moved by Thomberry, seconded by O'Donnell. All in favor- (ayes). Motion carries. The ordinance has been adopted. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #12 page 20 ITEM NO. 12 CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTISTS FOR THE DOWNTOWN PEDESTRIAN MALL WATER FEATURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Lehman/(Reads agenda item #12). Thornberry/Move adoption of the resolution. O'Donnell/Second. Lehman/Moved by Thomberry, seconded by O'Donnell. Discussion? Champion/It's going to be really nice. O'Donnell/It's going to be a great addition to downtown. Champion/It's beautiful. Lehman/In Mike's own words, "It's going to be better than a hose and a bucket". O'Donnell/A long time ago. Lehman/It really will be very nice. This really kind of gets the water flowing, doesn't it? Norton/They start to work on this in the spring? Lehman/Uh-- Norton/ Is that the plan? Karin Franklin/The actual construction of the artistic component will begin August 1 st because of the water line work that we're going to be doing on College Street. Norton/Oh, and the other phase, phase 2 of downtown improvement, does that have to proceed as well? Franklin/Phase 2 will be beginning in the spring, in terms of the improvements to the Pedestrian Mall. But there are other things that have to be done first before we can put in the artistic component. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #12 page 21 Norton/The infrastructure, as you say, huh? Franklin/Yeah. Thornberry/I'm going to put you on the spot for just a minute, Karin. Franklin/Okay. Thomberry/How many water jets are there that go up and over into it? Franklin/Seven. Thornberry/Seven. Now, you said that if somebody were to step on all six of them, the one that was left would go way up. Franklin/Would go way up. Thornberry/What if they stepped on all seven? What happens? Lehman/Who has seven legs? Franklin/There's probably be back-up somewhere. Thornberry/Yeah. Nevermind, nevermind. Norton/It'll break out in a new place. Champion/Maybe we shouldn't ask that question. Thomberry/I shouldn't have asked. Norton/Why suggest it? O'Donnell/Why would you give that idea? Thornberry/Well, I, you know, I would've done that a long time ago. Lehman/You probably still would. Champion/You still would. Lehman/Any further discussion? Roll call- (yes; Kubby and Vanderhoef absent). Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 22 ITEM NO. 13 CONSIDER A RESOLUTION APPROVING THE WINTER 1998/99 DEER MANAGEMENT PLAN Lehman/(Reads agenda item #13). Norton/Move adoption of the resolution. Lehman/Moved by Norton. O'Donnell/Second. Lehman/Seconded by O'Donnell. Discussion? Thomberry/I'm sure there will be. Clayton Foley/Hello, ladies and gentleman. My name is Clayton Foley. Oftentimes, people are led to assume that I and others in this room are simply against the killing of deer and that we don't offer substantial alternatives of any kind. Well, I would like to once again map out for you why we are opposed to sharpshooting, and what we do, and what we do offer as effective alternatives. And please listen, because this is extremely important. First, concerning browse damage in Iowa City. Browse damage shouldn't even be an issue. Never before have I heard of a town reducing animal herds due to lost ofhosta. Now, I don't mean to suggest that browse damage is trivial. To some, it is a big problem. And I respect that. But sharpshooting is not the solution by any means. I have a list, I have a list of species of plants that are deer-resistant, and also a lengthy list was even printed in this booklet given to me at the Deer Task Force meeting, the last Deer Task Force meeting. It was given to me in a packet. There's also a list in here. And also in this booklet is a list of repellents from things such as mothballs to hot sauce to feather-meal. And most of these repellents range from 80% to 90% effective. 80% to 90% effective. So browse damage should not factor into the debate on whether or not to sharpshoot. Unfortunately it has. Now, regarding the problem of deer-auto collisions. Many people are under the illusion that sharpshooting will eliminate accidents. And this is far from the truth. In fact, this Deer Management booklet supports my claim. On page 8 in the last paragraph, it states "the best way to reduce collisions is to modify driver behavior." "The best way. The best way to reduce collisions is to modify driver behavior through education, pamphlets, signs, TV and radio spots, the majority of accidents can be eliminated." And let's keep in mind that this is without sharpshooting. Now, I do believe the second weapon in preventing deer-auto collisions is the Strider reflector. Now, we've all heard of these. But they are a remarkable tool. They've reduced deer-auto collisions by 98% on selected roads in Iowa City. That's 98%. Nearly 100%. And I also read in the Cedar Rapids Deer Management Plan it talks This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 23 about, excuse my pronunciation, Alamakee County, Iowa. The county had no deer-vehicle accidents in the 7 years where Strider lights were installed. Before installation, they had 50 accidents a year. CHANGE TAPE TO REEL 98-133, SIDE B Foley/ 50 accidents a year before the installation, and after the installation, they had no accidents in seven years. No deer-auto collisions on these roads. And that's extremely important. Now, in my opinion, this kind of tool is worth any amount of money. But get this. Iowa City might be eligible for Federal funding under the Hazard Elimination program of the Federal Highway Administration. Iowa City could be funded up to 80% of the cost of Strider reflectors. Now, because there is a waiting list, funding may not be available until the year 2000. But I believe that this is something to look into before carrying out such a costly and ineffective plan such as sharpshooting. And also, the Transportation Equity Act. This is a brand new act that was just passed, and it is to reduce accidents where roads bypass wild areas. An area just like the one we are dealing with here in Iowa City. And this could also provide funding if we would just look into it. Now, the final apparent problem that has been brought up is ecological damage caused by overpopulated deer. There is a risk of long-lasting damage to the ecosystem if we sharpshoot deer this winter. Because the fact is, we as a community are not equally, or excuse me, are not exactly sure what the effects will be. Thomas Evelyn, a Wildlife Biologist, has theorized the following. Deer eat a lot of acorns. It is a fact. Deer enjoy feeding around oak trees where acorns, of course, are easily found. But what happens when we disturb this complex ecosystem by drastically reducing the population? More acorns will exist. It is also a fact that small rodents such as mice and rats feed abundantly on acorns. Will the populations of small rodents flourish as a result of sharpshooting? It is very, very possible. This is an extremely fragile ecosystem that we plan to invade. Chances are, sharpshooting will affect not just deer but countless relationships within the natural community. And by affect, I mean harm. We must trust nature to do what it has done since the dawn of time. Recover. I mentioned oak trees and the fact that deer feed on the acorns. Well, they also feed on the oak seedlings themselves. There exists an oak disease that wilts young oak trees. The result of this is a diminishing number of oak trees, resulting in a limited food supply for deer, resulting in a lowering population of deer. Nature balances itself, and we are intending to disrupt that balance. Sharpshooting is not the answer, or even part of the answer. Now, I'd like to read the last page of this booklet that I was handed at the Deer Task Force meeting. The, under the heading "Killing of deer", the first paragraph it states "In order to reach and then maintain the desired number of 35 deer per square mile within Iowa City, the Council has approved This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 24 two methods of killing deer: trap and kill and sharpshooting over bait." Now this, the first part of this is very important. "In order to reach and then maintain the desired number of 35 deer per square mile." What this means is that if we sharpshoot deer this year, we'll be forced to sharpshoot every year, or every other year. Sharpshooting does not prevent browse damage. It does not prevent deer- vehicle accidents. And it does not by any means improve ecological well-being. It is a vicious cycle that Iowa City should not get caught up in. Non-lethal methods do work. And with outstanding success. They prevent, meanwhile allowing the deer population and other populations to run their respective courses. Sharpshooting is inefficient, inhumane, and above all, unnecessary. I urge every one of you, I beg every one of you, to vote against the Deer Management Plan as it stands tonight. Thank you. Lehman/Thank you. Foley/Was I supposed to write on a piece of paper? Lehman/Isn't there a pad there you can put your name? Foley/No, there's nothing. Karr/Someone must have picked it up. Champion/Well, we've become new best friends with Clayton, so we know who he is. Vanessa Jones/Hi. I wrote a little something out. The burden of proof-- Lehman/Would you give your name, please? Jones/ Oh, I'm sorry. Vanessa Jones, 804 N. Dubuque. The burden of proof regarding whether or not the Iowa City area has a deer overpopulation problem lies with those who insist that sharpshooting of deer is the only answer. In order to make a strong case for going ahead with the lethal plan, the DNR, the Task Force and the scientists who have been hired to look into the issue must first prove that deer overpopulation is more than just a cultural, i.e., a human problem. What has led to the diagnosis that the deer in Iowa City are overpopulated? Are they suffering and starving as a result of high densities? Are they seriously reducing the diversity and productivity of the natural communities in which they live? As far as I can tell, no data on either of these overpopulation issues has been collected. The real cry of overpopulation seems to have come from influential property- owners who are distressed about damage done by the deer to ornamental plantings in the property-owners' yards. As far as I'm concerned, this is not a good enough reason to recommend a program of lethal deer maintenance. Deer reside on This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 25 hundreds of small-sized areas in all regions of the country, from the Pacific Northwest to the Southeast to the heart of the Midwest. According to Dr. Thomas Evelyn, Ecology Consultant, these land areas provide ample evidence that there is no absolute biological need to have human hunters kill deer. Dr. Evelyn in an article entitled "Living with Deer" writes that there are several biological self- regulatory techniques for deer, including death by disease, extreme heat or cold, parasites etc., production of less pups when the food-m-deer ratio becomes strained. And he gives an interesting example. Apparently outside of Yellowstone National Park where coyotes are hunted, trapped, and poisoned, females produce 6 to 8 pups per litter. However, inside Yellowstone where they are protected, coyotes produce only 2 to 4 pups per litter. In times of stress, also, does will bear more males than females, decreasing the reproductive potential of the population. Since obviously it's the females who reproduce. There are several non-lethal management solutions for humans living with deer, which include fencing gardens, shielding omamental and fruit trees with plastic netting in the wintertime, because winter is, is when deer browse the most on ornamental plants because there's less wild vegetation available. So if they're kept away from the plants in the winter, chances are things will be okay once spring hits. Using chemical or natural deer repellents such as human hair, interestingly enough, also feather-meal, blood-meal, mothballs and planting more deer-resistant varieties of ornamentals such as dusty miller, English lavender, holly, honeysuckle, blue spruce, and it's true there are several lists that you can get of deer-resistant vegetation. As far as deer-vehicle collisions are concemed, deer warning signs, reflectors, lowered speeds in deer-dense areas, and even large roadside fencing on some particularly dense stretches of road are all effective measures for limiting accidents. In addition, people must learn to drive with deer in mind. This means slowing down in deer-dense areas and also scanning the roadside for deer at nighttime. Considering the lack of scientific data that we've seen contributed to support the sharpshooting agenda, I do not believe it would be wise for you to vote "yes" on this plan until more research is done. Much more research needs to be done and plant specimens and other data collected to see how exactly, to see whether there is a deer overpopulation problem. The sharpshooting plan is an economically and environmentally drastic step for a problem many Iowa City area residents aren't even certain we have. And finally, there is an element of danger in using high-powered rifles within Iowa City city limits, that cannot, no matter how many assurances are made, be denied. And there's another thing. I suspect that you are going to go with the plan. And if that is the case, I do hope that you will at least reconsider the trapping aspect of it. Because I think that you would all agree that the idea is not, the idea is that the deer should not suffer. That they should be killed quickly and efficiently. And I am not advocating the killing at all. But I think that the traps are a particularly difficult issue because the deer will suffer. Even if it's a trap that is a live trap and then they're shot once they're caught. It's a very, very traumatic thing for deer to nm into a trap and be shut into This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 26 it, and you know, be stuck there for however long until they're caught and shot. I don't think that enough deer would be caught in traps to make trapping worthwhile anyway. I think you should look into how many deer might be caught in traps before you allow that to be part of the plan. And I do hope that if you vote for the plan you will at least say the plan should go ahead without the traps. Thank you. Lehman/Thank you. Champion/Thank you. Chad Gonnerman/Good evening, ladies and gentlemen. My name is Chad Gonnerman. I'm a resident of Iowa City, and I've been here a few times here. I have a couple of quick concems I would like to bring up to the City Council. In past Council meetings, we have repeatedly requested that the City Council bring forth substantial and concrete evidence of citizen complaints in regards to concerns related with our deer population. And to date, the Council has not provided this. Consequently, this has left me to believe that there simply does not exist any such records, any such proof. So the Council's claims that this is what the people of the community want. Instead, like the Cedar Rapids experience has taught us, mostly likely the complaints are coming from developers and a few influential citizens residing in wooded areas. And this leads me to believe that the majority of our Council members are willing to spend a tremendous amount of our taxpayers' dollars, $50,000, in a vain attempt to satiate a small minority of intolerant citizens. But is this all that there is to the story of glut? I'm afraid not. In the November 261h edition of the Cedar Rapids Gazette, there's a brief article entitled "Peninsula Developers Eyed". This short piece reports Iowa City's intentions to sell about 70 acres along the Iowa River south of Interstate 80 and create an old-style neighborhood with a mix of housing, narrow streets and usable front porches. Doesn't it seem rather convenient that this is, this area of potential development is the same region that the City would like its sharpshooters to concentrate within? Once again, I ask, who has a vested interest in the killing of these deer? Developers? And just perhaps our own City? All in the name of usable front porches. My second concem is in regards to the City Council's intention to vote upon the 1998/99 Iowa City Deer Management Plan this evening. Now, regardless of whether Council expects to approve or disapprove the plan, I think that it would be immensely politically unwise to vote on this plan with so much impending on the USDA's legally deficient Draft Environment Assessment. The DEA. Obviously in the eyes of our local Deer Task Force and most of our City Council, an integral pan of the 1998/99 Deer Management Plan is the lethal removal of local deer which is dependent on the USDA and this DEA. As stated before, the DEA is not only legally deficient, but in addition, the USDA has failed and currently still does fail to provide an opportunity for the public to This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 27 review and comment on the DEA, as required by the National Environment Policy Act, the NEPA. Now, the NEPA is a national charter for the protection of the environment, and the NEPA requires Federal agencies to evaluate the environmental impacts of their proposed actions and to make this information "available to public officials and citizens before decisions are made, and before actions are taken." Now, in addition, the USDA regulations do not provide any explanation, or any exceptions to the requirements of providing that oppommity for public comment on a draft environment document. Thus, not only is there a legal obligation that the USDA's failing to satisfy. But furthermore, such public participation is needed to expose the DEA's inadequacies, which includes a lack of any substantive information about the deer herds which may be targeted for control, including no information about population, age, movements, distribution, site-specific ecological impacts, deer-vehicle data, or any other data which would justify or warrant deer control. Instead, the USDA Wildlife Services relies on general claims that the deer population in Iowa is increasing, that the number of deer-vehicle accidents in increasing, that deer can damage natural vegetation and landscaping and plants, to justify its deer control programs. Thus, I request that the City Council delay a vote on this matter until and unless the USDA fully complies with the NEPA. Anything less would only serve to perpetuate such ineptness and be a statement that our City is unconcemed with insufficiency. And I just have a couple of quick last sentences here that I would like to say. From the National, or from the Natural History of Deer, states the following, "Doing nothing is actually more successful in reducing populations than hunting." And finally, from the Fish and Game, they have found that after does were killed, the remaining females had increased birth rates that not only replaced the ones killed, but increased the overall herd. So I'd like to thank you very much. Lehman/Thankyou. Florence Boos/I'm Florence Boos. I live at 1427 Davenport Street. I'm here to urge you to adopt non-lethal methods of deer management in the long run. Underneath all the general words about the alleged deer problem, it seems to me from the reports last time that only two geographical areas are affected, both near Hickory Hill. The one the peninsula, and the other Hickory Hill. As far as Hickory Hill, it seems to me that one seldom sees the deer. The reason I live there, I know. The reason is perhaps they have gone inside. There is no problem at all, or reason to kill deer who are living where they ought to, in their homes. In fact, it's a cruel thing to do. It's counterproductive. We're talking about a small number of deer who will be killed in the name of car safety, I believe. So, since the last meeting, I've driven down Dubuque and Dodge at what seemed to be deer-safe speed. As I was going down Dubuque, a student in dark clothing walked in front of me. It seems obvious that the speed limits of 35 should be enforced. And in the case of Dodge, I realize it's a little more complicated, but it is a mixture of commercial This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 28 and residential. There isn't any reason why someone should be going 45 or 50 on Dodge. So instead of eliminating 240 deer in order to keep the streets clear, one could just try to reduce speed to safe levels for other reasons, too, as well as the deer. I regret that $42,000 is going to be spent on such a bad means of deer control. It is expensive. It has to be continued year after year as you've stated. Better would be contraception. You may have noticed the article in the front page of the New York Times on the weekend, very timely. Other communities are debating about this. It mentioned two places in the east that are using contraceptives. It could be coming. It is expensive, but so is this particular method of murder. With the $42,000, one could put up a lot of reflectors, and one could put up signs all along Dodge. Next is the issue of safety. If this is continued year after year, you not only have to kill them this year, you have to kill them every year. Many animals or people could be caught in the traps. I don't say there'll be a murder, but it's possible there'll be some kind of accident, some mentally ill person or somebody who just can't read signs or a little troubled or a child or a pet will walk into those traps. There will be continued danger year after year, and of course continued expense. In the human population, when we think we have too many people, we don't let nature take its course and then put a bullet into the brain of every child. We use contraception. I would urge you to think about implants so that the large sums allotted for this project could be used in finding a safe, humane way of limiting the deer population, if indeed this is considered desirable within City limits. Thank you. Lehman/Thank you. Carla Porto/Hello. Thank you very much for taking the time to hear the issues that we're concerned about. My name is Carla Porto, and I am a student here at the University. And I became involved in the Deer Management issue in an earth science project. And I'd like to share with you my findings on this. First, on the issue of the ecosystem, the misconception that deer will overpopulate and destroy plant systems. The Natural History of Deer states the following, "Doing nothing is actually more successful than reducing populations." Than reducing populations than hunting. I believe you mentioned that. Okay. North American Hunter magazine also supports the findings of doe hunting increasing deer populations. In the article written by a former Texas Deer Management Program biologist, he states that after the removal of 100 deer from an area, there were more deer on the property than the year before. The survival rate increased to 120% from the usual 25% survival rate. There were 4 does for every fawn prior to the removal of the 100 does, and 1.2 fawns per doe after removal. And from White-tailed Deer Management and Ecology, it says that it's the Bible of deer management for wildlife managers. It states that most wild biologists and managers can point to situations where deer populations have not been hunted, yet do not fluctuate greatly, nor cause damage to vegetation. And as far as the issue This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 29 on the biology carrying capacity of an area, deer do not naturally overpopulate. No added births is possible if there is a lack in nutrition. Removal of half the numbers of individuals from a population can have significant negative impact on the gene pool and long-term survival of the species in the area. And another finding is concerning the deer and native plant species. This study from the Hunting Realities, New Jersey Animal Rights Alliance, states that the removal of deer will not make the native species any better equipped for competition with the introduced species of plants. A study in American Forests confirms that a fenced- in area was being ovemm by a native plant species without the deer to curb the aggressive competitor, the brought-in plant into the native species of plants. And it, the deer actually helps to combat the unfamiliar plants in the area. And that's what will destroy the plant life is the destruction of native plants by plants from, brought in from other areas. And the deer will help that. And as far as deer and vehicular accidents, we know from the, from the report which I'm sure you have seen, there was, I think wasn't it 35 accidents this year? And according to my findings, it says that deer-vehicle collisions seldom result in personal injury. Hunting does not reduce the number of deer-auto collisions. The National Highway and Traffic Safety Administration states that most deer-car collisions happen during hunting season. Hunting results in deer leaving their wooded area in a panic. And they suggest the reflector devices along the roadside, and better road lighting is needed, too. Dark roads are extremely dangerous for pedestrians and animals. And do I still have a couple more minutes? Lehman/Another minute. Porto/ A minute? Okay. Let me jump down to well, there's an issue on control, and the bottom line on that is Dr. Graham Coffiey states that he does not know of any system dislocated permanently by a bout of overpopulation. The phenomenon is temporary and its remission spontaneous. And my concerns are that I found an article that listed 20 states who responded to a survey on children's hunts. And this was between 1996 and 1997. And Iowa is number one in regards to number of children hunting, as well as the number of animals killed. All the animals listed, they had an option to list the numbers of different types of animals that were killed by these child-hunters. And in Iowa, we had the highest amount of children. It was 2,500 children, and 1,100 deer killed, deer-only is mentioned here. And that's the bottom line. To me that's the problem, the main problem, because I couldn't find any problem about any reason why the deer should be killed. But I do find a problem that if they are killed, because I believe that we, as adults, should be an example to children. And in the article about child hunters, it says that "Violence is violence. Children who are cruel to animals often grow up to be adults." This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 30 Lehman/Pardon me. I don't know that this is relevant to what we're talking about. Child hunting has nothing to do with the deer here. Porto/Well, that's my point, that we as adults need to start by being an example. If we're going to kill deer, we're not being a good example. Lehman/Okay. Porto/And there's correlation nowadays between animal cruelty and hugnan cruelty. Thank you. Lehman/Thank you. Champion/Thank you. Ben Lewis/My name's Ben Lewis. I live at 507 N. Linn Street. And I'm just a little concerned about the science that's gone into this. I don't know, it seems that the USDA was here last time, the representative from the USDA was, you know, really nice, and gave us a lot of good information. But it seems that there should be some sort of outside scientific source for this sort of thing. Expert testimony coming from the people who are being paid to do the job. You know, it just doesn't seem like a very good way to do that. And, I guess, really, that's my main concern. Everybody else has already said thing, so I won't reiterate. But I really care about the people who have had car accidents with deer. I care about the people who are having their plants eaten by deer. I care about the people who are having problems with the deer. But I also care about the deer. And I care about the environment. And I think the City should feel the same way that I do. Lehman/I really think Council feels really pretty much the way you just stated it. You probably stated it better than we could. But when it comes to testimony on the difficulty, because the DNR, or the EPA, we've got too many acronyms. But we are so limited, I mean we, there are few things that we can do with, in fact, you can't even trap a squirrel and move it three blocks away. I think that's what the Animal Control officer told me. We have regulations. We are so regulated that as a City, we cannot make those determinations. Those are made by the Department of Natural Resources, or the Department of Agriculture. We don't really have a great deal of latitude. We have these sources of information. Those are the folks who put rules in place, tell us what can be done and what can't be done. And I think, we do, we've had citizen input from folks who I think are pretty well versed. But as far as expert testimony, there isn't a lot of places that are available to us. Lewis/Well, I mean, I understand that. And the tall man -- This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 31 Norton/Doug Jones. Lewis/ Riley or something? The point is, I'm, he, yeah, he seemed like he really knew what he was talking about. But you, in order to get to that point, you have to first conclude that humans, you know, don't have a population problem. That we shouldn't try to control speeds. We shouldn't try to do reflectors. I mean, we can control our own actions. We can't control the actions of deer. And you know, if we have people in our society we can't control, we don't go out and shoot them. So, I think we should try to control our own actions and not the deer. Thornberry/That, too. And I think that we've heard this over and over and over again. If people would go slower in deer, heavy deer populated areas, there wouldn't be as many accidents. I think there are just as many deer-car accidents going slow in the City limits are there are going fast. One ran into me while I was stopped. And it cost $1,500 worth of damage. I wasn't hurt. The deer wasn't hurt. Knocked it to its knees. It got up, shook its head, and went about its business. And that's after I stopped for twelve that were going in front of me. I don't know if speed is actually, is the only criteria for reducing car-deer accidents. And again, folks, if it was, if there was any other way, I'd be in favor of it. rm not, and we're not hunting deer. We're reducing the number of deer in certain areas. And the DNR and everybody else says 70 deer per square mile is too many. Too many for what? They probably won't run out of food due to the fact that we're such a, we have so much to eat around here. Whether it be com, whether it be the shrubs, whether it be, whatever it may be. Whatever they're eating. There's plenty for them to eat. It would probably, they would probably support more than 70 per square mile. They're not going to starve to death. But I also don't think I want to live in an area like India for example, where they have just cows walking everywhere. I don't want to live in Iowa City with deer just walking around, just, you know, everywhere. I'm not saying it's going to get like that. But 240 deer that we're anticipating eliminating this year, and what's going to happen next year? I don't know. And if there's another way of doing it, at least we'll be able to do it to a lot fewer, 240 fewer. Norton/If I might comment -- Lehman/Let's have Council comment. Norton/Well, I want to point out to people that this is not something that, we are not the ones who have done all the deep studying on this. We have put together a very good committee, broad range of views. They spent over a year and they talked to a lot of people and talked to other communities, and did a tremendous job of laying out the options and the difficulties. None of us are happy about this kind This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 31 Norton/Doug Jones. Lewis/Riley or something? The point is, I'm, he, yeah, he seemed like he really knew what he was talking about. But you, in order to get to that point, you have to first conclude that humans, you know, don't have a population problem. That we shouldn't try to control speeds. We shouldn't try to do reflectors. I mean, we can control our own actions. We can't control the actions of deer. And you know, if we have people in our society we can't control, we don't go out and shoot them. So, I think we should try to control our own actions and not the deer. Thomberry/That, too. And I think that we've heard this over and over and over again. If people would go slower in deer, heavy deer populated areas, there wouldn't be as many accidents. I think there are just as many deer-car accidents going slow in the City limits are there are going fast. One ran into me while I was stopped. And it cost $1,500 worth of damage. I wasn't hurt. The deer wasn't hurt. Knocked it to its knees. It got up, shook its head, and went about its business. And that's after I stopped for twelve that were going in front of me. I don't know if speed is actually, is the only criteria for reducing car-deer accidents. And again, folks, if it was, if there was any other way, rd be in favor of it. I'm not, and we're not hunting deer. We're reducing the number of deer in certain areas. And the DNR and everybody else says 70 deer per square mile is too many. Too many for what? They probably won't run out of food due to the fact that we're such a, we have so much to eat around here. Whether it be corn, whether it be the shrubs, whether it be, whatever it may be. Whatever they're eating. There's plenty for them to eat. It would probably, they would probably support more than 70 per square mile. They're not going to starve to death. But I also don't think I want to live in an area like India for example, where they have just cows walking everywhere. I don't want to live in Iowa City with deer just walking around, just, you know, everywhere. I'm not saying it's going to get like that. But 240 deer that we're anticipating eliminating this year, and what's going to happen next year? I don't know. And if there's another way of doing it, at least we'll be able to do it to a lot fewer, 240 fewer. Norton/If I might comment -- Lehman/Let's have Council comment. Norton/Well, I want to point out to people that this is not something that, we are not the ones who have done all the deep studying on this. We have put together a very good committee, broad range of views. They spent over a year and they talked to a lot of people and talked to other communities, and did a tremendous job of laying out the options and the difficulties. None of us are happy about this kind This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 32 of process. This is not our favorite topic, or our favorite decision, let me tell you. But, and we've heard from lots of people. We haven't heard them this week, but a year and a half ago, we heard from all kinds of people about the deer problem, demanding that something be done. And it's happening, as you see from the story in the Times, lots of other places. The contraception studies are very experimental. And we are looking at that. And we'll move to that in a minute if it turns out to be at all feasible. We'll go that direction. So we are, we are going to track what happens. We're doing this this time. We're going to see what happens. We'll have to see what happens to the deer in other populations where we don't, if we hunt on the peninsula, if we shoot on the peninsula, we'll have to see what happens to other areas. There's many areas in town with problems, Kimball Road, Ridge Road, somebody called me tonight, said the young deer have learned to eat new plants already, fight on the porch, up above, on Ridge Road. So there are plenty of areas in town where there's terrific problems. We are not hunting, as Dean says, we're not hunting. We're reducing the herd. And I say, it's not a decision we are happy about having to make. We feel responsible to the community at large to do so, where the numbers are, and we have evidence about the numbers, of the kind of order you're talking about, over 50, over 35 per square mile is supposed to be too many. So we're moving. We're moving cautiously and we're not alone. That story in the paper points out Eden Prairie, Princeton, New Jersey is next, Chicago has done it. Many suburbs of Minneapolis. It's, it's a process that has to happen. Under the circumstances, if this were a bunch of rats, I suspect we wouldn't be having the trouble, if we were overrun with rats, or crows. You see, it just depends on your level of discomfort. Certainly nature doesn't always balance it out, given the presence of people.. So, I'm strongly in favor of it, and I think the Committee's done a terrific job. They're the ones you have to convince, because we have heard from them, and we trust them. Champion/I am going to support the Deer Committee's recommendations, because I think they were asked by the City Council to look into this problem and come up with the best solution. I think there was a broad spectrum of people on this Committee. I don't think it's going to solve our problem. And so I hope the Committee will stay together as new things come up and new ways to handle our deer problem. There is a problem. We've taken away their natural predators. They have tons of food. They can multiply all they want. And I think they're cute. And I love them in the woods. I don't mind them in my back yard. But we have had them downtown, running into schools, running in people's houses. I mean, when deer come that close to urban centers, there's a lot of deer. So I am going to support it. I agree with you. I don't think it's going to solve my problem, our problem. But wasn't on the Committee, and I don't really know all the nitty- gritty details. But I think it's, I have to follow their recommendation and see what happens. So we'll be watching it closely. And none of us are excited about This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 33 voting for this. This is not the nicest thing that we're going to vote for while we're on this Council. I liked voting a lot more for the fountain downtown. O'Donnell/Well, I'm going to support it also. It's a very difficult decision for me. I'm not a hunter. But, and I believe in a large part, we've created the problem. We've gone out into the woods and we build a home in the trees, and that's, we've displaced the animals and they've moved into the City. But I, I believe it's the responsible thing to do to correct the problem which we in part have helped create. And I'd like to do it before some man, woman, or child hits or flies through a windshield in a deer-car accident. So, I'll be supporting it. ??/Could somebody comment on the traps? O'Donnell/I can't hear you. Lehman/Oh. She asked if someone could comment on the traps. And I think that's something that we'd be more than happy to refer back to the Deer Committee, and let them talk. Because, and I hear what you said, and I don't disagree with you. Champion/Right. I think we should ask that question. Lehman/You know, I think everybody is pretty much reiterated what's been done. I guess, I don't view this as a solution. I view the Deer Committee's continued work as being the real solution. That this may be an effort to try to bring the herd under control. And I, if I were the one who had to remove the deer, there wouldn't be any deer removed. Because I, you know, I personally couldn't find my way to do that. But I do respect that Committee. There has been numerous, numerous public meetings, where there's been opportunities for the public to make comments, for people to testify at that Committee. They met for over a year with a tremendous amount of disagreement, and the Committee came together, and I think they very reluctantly made the recommendation that they did. They didn't like it. I don't think we like it. I don't think we view it as, of there being another option that is probably as liable to work as this one. On the other hand, I don't think the Committee has begun to think this is a solution. This is something that we need to try in the interim. And so I, too, will support this. Roll call- (yes; Kubby and Vanderhoef absent). Karr/Motion to accept correspondence? Champion/So moved. O'Donnell/Second. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #13 page 34 Lehman/Moved by Champion, seconded by O'Donnell to accept correspondence. All in favor- (ayes), opposed- (none). Motion carried. Champion/Does the Committee get copies of all this correspondence we get? Norton/Yeah. Champion/Okay. Thomberry/You want to take a break? Lehman/We'll take five minutes, or six or seven. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #14 page 35 ITEM NO. 14 CONSIDER AN ORDINANCE AMENDING SECTION 8-7-1, CITY CODE, TO ALLOW THE DISCHARGE OF FIREARMS FOR DEER MANAGEMENT PURPOSES. (FIRST CONSIDERATION) Lehman/(Reads agenda item #14). Norton/Move adoption. Thornberry/Second. Lehman/Moved by Norton, seconded by Thornberry. Discussion? Roll call- (yes). Champion/Could I still just make a comment on this? Lehman/Of course you can. Champion/Okay. I'm voting for this because I think shooting a deer is probably a much more humane way to kill it than like a bow and arrow. Is that what we're approving here? Lehman/Yes. It allows -- Norton/And discharging firearms is against the law fight now. Lehman/Right. Champion/Oh, is it? Norton/Yes. Lehman/Oh, yes. O'Dormell/And it's certainly more humane than being hit by a car. Lehman/Put your gun away, Connie. You can't shoot it in town anymore. Champion/Right. Norton/I think you can trap a squirrel though, can't you, Ernie? Lehman/I don't know. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #15 page 36 ITEM NO. 15 CONSIDER A RESOLUTION APPROVING THE SECTION 8 ADMINISTRATIVE PLAN FOR THE IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAMS. Lehman/(Reads agenda item #15). We talked about this last night. Thornberry/Move adoption of the resolution. Champion/Second. Lehman/Moved by Thornberry, seconded by O'Donnell. O'Donnell/Champion. Lehman/Or Champion. Champion/I think it's a good one. Lehman/Discussion? Norton/Well I think, I don't want to go over all the details, but I think they're good steps in an effort to make our program effective and cost-effective and to minimize the difficulties. And I'm sure there are plenty of options for people who are caught in these processes to appeal them in most cases. So, I'm satisfied with that. Champion/Oh, I think that was made clear last night. Lehman/And I think it makes the folks who take advantage of our housing programs more responsible and I think it gives our Housing Authority more latitude in seeing to it that we have a good program. Thornberry/Just for information, maybe Maggie could go over some of the changes in this to put it out. Lehman/Maggie, if you want to take fifteen seconds to tell us some of the changes. Norton/Outline the major features. Thornberry/Just quickly. Lehman/No, seriously, I think they're very good, and I think it's a good point, Dean. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #15 page 37 Maggie Grosvenor/Okay. I just didn't know if you wanted to hear it all again. Basically, it's tenant accountability and responsibility. What we're doing with the homeless preference is if people willfully violate their lease, they cannot remain having that homeless preference. We're taking people that are reporting zero income and they're having to report to us every 90 days instead of once a year. We're taking, we're limiting participants to move once in a year. We're taking people that owe the Housing Authority money, either participants or applicants, and they must sign a repay agreement. If they have a repayment agreement, they must follow through with it. Otherwise, we'll terminate, otherwise we'll prohibit the move. Otherwise, you know, we can prohibit them from even applying at that point. The other is a drag- or criminal-related activity. That's the big one. If there's an eviction and we terminate because of drug- or criminal-related activity, they cannot reapply for three years. And then there's three other issues. Ifthere's any fraud, if there's any abuse, any violation of family obligations, and we terminate assistance because of that, they cannot reapply for one year. So I think that's basically it. Norton/Another-- Thornberry/That-- Norton/Oh, pardon me. Thornberry/That big one that I really appreciate, I want to go into that just a little bit more. It's not just the people that are in housing assistance, if they sell drugs or are doing illegal drug activity, it's anybody that within the family that's visiting, visitors that might come in, if they're doing drags or selling drugs, then the people who are getting the vouchers are out of public housing. Grosvenor/Right. Are in jeopardy. Exactly. Norton/I wanted to call attention to the one that says you don't do anything about changing people's condition if their income goes up, up to $100 a month, so that you don't discourage people from bringing in more income and thereby losing some benefits simply because they made money. Grosvenor/Right. Norton/I think that's a virtue. Grosvenor/It's a little latitude. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #15 page 38 Norton/Did you pick that number with some advice as to that $1007 At some point, when the income goes up, you presumably have to change the rent. Grosvenor/I still, I must stress, they still must report that income change, we just will not raise their rent unless it's over $100. So -- Norton/ So that's an incentive to add to their income. Grosvenor/Right, fight. Champion/Looks good. Lehman/Maggie, we applaud your efforts. We think you're doing a great job. Grosvenor/Thank you very much. Lehman/Really. Thomberry/You bet. Lehman/No, this is -- Thomberry/Maggie and I have had several meetings. Lehman/And I think she's really doing a great job, and not an easy job. Thornberry/Thank you. Grosvenor/Thanks. Lehman/Roll call- (yes; Kubby and Vanderhoef absent). Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #16 page 39 ITEM NO. 16 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AMENDMENT NO. 5 TO THE AGREEMENT DATED OCTOBER 26, 1993, BETWEEN STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER TREATMENT AND COLLECTION FACILITIES. Lehman/(Reads agenda item #16). Thornberry/Move adoption. Norton/Second. Lehman/Moved by Thornberry, seconded by Norton. This is a design cost of $661,000 on a project that will run approximately $25,000,000. Champion/I couldn't read all those zeroes. Lehman/Discussion/ Norton/Well, somebody going to explain what we're buying here? Lehman/Well, I think '- Norton/ We're buying design, I understand. But the project itself includes a substantial upgrade of that south plant. Lehman/It represents a substantial upgrade, and Chuck, if I'm not correct, correct me on this. My understanding is that some of our local, we have a local industry who will be using a substantial portion of this plant, and their rates will be increased substantially over a period of time, so that the cost of this facility, basically, will be paid for by the folks who use the facility, and not necessarily by the people of Iowa City. Charles Schmadeke/That's fight. Lehman/Did I say that fight? Champion/You did a good job. Schmadeke/All the users of the facility, to the degree that they use it, yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #16 page 40 Lehman/Right. But part of this upgrade is for one user who will substantially increase the use, and that person's, or that industry's rates are going up accordingly. Schmadeke/To cover that additional use. Lehman/Right. Right. Noaon/But it's not wholly for that. I mean, it's ceaainly not altogether for that. Schmadeke/No. We have EPA requirements for removal of ammonia. That's the primary reason for the upgrade. And then we have industrial and residential growth that also necessitates the upgrade. Norton/Does it also relieve the north plant further? Schmadeke/Right. It, we'll move the digesters form the north plant to the south plant. And that's the primary odor problem at the noah plant. Norton/So all the digesters will be down there. Champion/All the digesters are going to go. Schmadeke/They'll be at the south plant, yeah. Lehman/Couldn't you use the word "processors" when you talk about sewage instead of "digesters"? Noaon/Well, that shows the organic nature of the process. Lehman/I see. Norton/It is. Somebody's got to eat this stuff. Them little critters. Champion/Dee! Lehman/I wish you hadn't said that, too. Other discussion? Roll call- (yes; Kubby and Vanderhoefabsent). Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #19 page 41 ITEM NO. 19 CITY COUNCIL INFORMATION. Lehman/City Council information. O'Donnell/H1 start it. Lehman/Start it. O'Donnell/We had one of the premiere coaches in the United States retire recently, and we were fortunate enough to have him here in Iowa City. I just wanted to compliment Hayden Fry on his long tenure at Iowa, his accomplishments, and wish him health and happiness in his retirement. So good luck, Coach, and thank you. Thornberry/Hear, hear. Lehman/I think we all second that. Connie? Champion/Well, I'm in love with downtown. And the lights. And the future fountain. And I could leave those lights up all year round. O'Donnell/I second that. Lehman/I don't recognize the second. Anybody else? Dee? Norton/Oh. I just wanted to bring up one item that I noted. Committees, Commissions and Boards keep track of their attendance at our request, fight? And I think Marian keeps the data. I think we probably ought to look at, are we required or don't we ought, don't we want to look at that once in a while and see how things are going? Champion/We do. Lehman/We do that. Norton/Do we get a collective review of that? Karr/Your initial request is that it be furnished every time there's an opening on that Board or Commission. Lehman/We get it then, yeah. Norton/Okay, all righi. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #19 page 42 Karr/So that is the present policy is that we submit that to you with each opening. Norton/Well, some of the Commissions didn't seem to realize that we were looking at it. Lehman/Only when we have an opening do we get it. Norton/Yeah. But somebody on a Commission didn't realize why they were keeping the records. Lehman/Okay. Karr/I understand that. Norton/I wanted them to be reassured that we do, indeed look at that. Karr/Yes, we do. Norton/I trust, I just want to commeut on this because come people who are listening might know it. We had a letter, a rather strongly-worded letter, I guess I'd say, about the situation on Noah Dubuque Street with the lack of a sidewalk forcing people into alleys and that leading to other difficulties. And I sure hope we do take a look at that, Steve, to see what possibly -- Steve Atkins/Yes. Norton/I know it's terribly steep out there, and it's going to be hard to deal with. The other comment, I want to remind people that there is a Rodeo tomorrow. The Snowplow Rodeo tomorrow at the Mercer Park Parking Lot, I think around 9:00, it says all morning, and maybe longer. Atkins/It starts around 9:00, yeah. Norton/I was not going to be a judge, because I'd have to be there all day to be a judge, and keep things fair. But I think it'd be nice if some of us stopped by and watch them do their thing. O'Donnell/What else are you going to do? CHANGE TAPE TO REEL 98-134, SIDE A This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #19 page 43 Lehman/Dean? Thomberry/I have nothing, thank you. Lehman/I only have two things. First of all, as we mentioned last night, Dee Vanderhoef, her term is up on ECCOG, and she needs to be reappointed, and I certainly would entertain a motion to reappoint her. Champion/I'll move to reappoint her. Thomberry/So moved. Lehman/Moved by Thomberry. Do we -- Champion/Second. Lehman/Seconded by Connie. All in favor- (ayes). I think it's important to keep continuity there. The other thing, and I don't generally advertise, but I'm going to advertise. One of the things that we've talked about with the University folks and amongst ourselves on a number of occasions and also with the Stepping Up project is the lack of places within the community for young people to congregate where alcohol is not served. And one of the complaints that we hear from the University frequently is that the only place for students to go is the bars and whatever. And obviously, there's laws associated with underage drinking and that sort of thing. There has opened in Iowa City, a place called Planet X in the Wardway Plaza that has got a number of activities for kids, probably from 3 or 4 years of age to Mr. Norton, your age, sir. Go down and you can drive -- Thomberry/Rocking chairs? Lehman/No, no rocking chairs. Norton/No rocking chairs. Lehman/There's a driving range, a batting cage, there's all sorts of things. I think it's a tremendous thing for the community and something that's going to have a lot of use. And certainly it's an alternative to, nothing against the bar owners, but it's certainly an alternative to going down to the bars. Norton/I'm pushing for the family pool hall. Lehman/They have pool down there, by the way, too. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #19 page 44 Norton/Well, three-cushion (can't understand) is my game. O'Donnell/I'll take you on. Lehman/I use at least three cushions. City Manager information? Atkins/Nothing this evening, sir. Lehman/Eleanor? Dilkes/Nothing. Lehman/Do we have a motion to adjoum? O'Donnell/So moved. Lehman/Wait a minute. Norton/One question. Have we any dates to review, when is our meeting with the County? Lehman/The County, next -- Karr/Monday. Lehman/Monday at 4:30, we'll be discussing '- Norton/ When is our meeting on the PCRB? Is that the 16th or 17th? Lehman/Well -- Atkins/We haven't set that. Norton/Didn't we have a meeting scheduled? Atkins/We haven't set that. Karr/We haven't scheduled. Norton/Okay. I thought there was something December 16th or 17th. But -- Karr/You'll be having second consideration of the ordinance and possible action on the standard operating procedures. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198 #19 page 45 Norton/Oh, okay. Dilkes/The discussion was, I think, that we wanted to get through the standard operating procedures so that the issues didn't get confused and then, and then do your discussion with them. Lehman/Probably after the first of the year. Norton/Okay, fine. Lehman/Okay? Any other discussion? We're adjourned. Karr/Could we have a motion to adjourn? Champion/Moved by all of us. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 1, 1998. F120198