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HomeMy WebLinkAbout1999-05-04 Transcription#2 Page 1 ITEM NO. 2. MAYOR'S PROCLAMATIONS. a. Bicycle Month - May Lehman/(Reads Proclamation). Now, therefore, I, Emest W. Lehman, Mayor of the City of Iowa City Iowa do proclaim the month of May 1999 to be Bicycle Month in Iowa City and urge all citizens to ride their bicycles to work, to the store, to the park, and around their neighborhood with their friends and family. Marian Karr/Here to accept is Linda Thomae. Lehman/And you can ride them to your council meetings too. Kubby/That' s right. Linda Thomae/Good evening, my name is Linda Thomae, and I'm here this evening on behalfofBicyclists of Iowa City as their president. We are honored to receive this proclamation. While it is true that bicyclists have the same lawful rights and responsibilities to the road in all 50 states, it is recognition of these rights and responsibilities which encourage safe coexistence on the road. I want to underline to you that it is imperative we do not become lax, but continue to work together to make the road a safe place for all who travel there. I believe it is additionally important to recognize those of you, city leaders, and administrators who have been a driving force or active participant in meeting criteria which lauds Iowa City as bicycling friendly community, one of only three communities in the state of Iowa. Increasing downtown parking and meter racks for bicycles, which take up only a fraction of valuable downtown property do not pollute the environment nor further congest the streets. Mechanizing traffic lights which respond when a bicycles position itself within the diamond shape. The "Share the Road" signs, which are prominently displayed along major road arteries throughout the city. And I can attest first hand the courtesy I see grows between bicycles and motor vehicle. The demonstrated perseverance of the regional trail commission, the bicycling committee of JCCOG and the newest effort to connect trails throughout our county. These are important emphases, which recognize the diversity of biking, and the lifestyle which exists for recreational bikers, families, and commuters, as well as others who use multipurpose trails. I firmly believe when you recognize bicyclists in your daily conversations, through the media, promote the endeavors I've just mentioned, or climb on a bike yourself. By your lead, and with efforts such as Bicyclists of Iowa Cities, upcoming effective cycling course, it's fifth year, which is administered and promoted by League of American Bicyclists and taught by certified Iowa City area instructors. All people can grow and respect for one another knowing we share more in common than we do in different. This too encourages safety. Thank you for this proclamation and your time. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #2 Page 2 Kubby/Thanks Linda. Lehman/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #2b Page 3 ITEM 2b. HISTORIC PRESERVATION WEEK - MAY 9-15 Lehman/(Reads Proclamation). Now, therefore, I Ernest W. Lehman, Mayor of the City of Iowa City Iowa, do hereby proclaim May 9-15, 1999 to be Historic Preservation Week in Iowa City and call upon the people of Iowa City to recognize and participate in this special observance. Marian Karr/Here to accept is Michaelanne Widness. Michaelanne Widness/My name is Michaelanne Widness, and on behalf of the Iowa City Preservation Commission I accept with pleasure. This proclamation designating next week as Iowa City Historic Preservation Week. The theme of this year' s national historic preservation week is "Protecting the Irreplaceable", each year we try to honor those groups and individuals who do just that, at an annual recognition program cosponsored by the Historic Preservation Commission, Friends of Historic Preservation, and the Johnson County Historical Society. This year's program will be held next Wednesday, May 12, in the Masonic Temple on College Street. Molly Myers Naumann, Architectural Historian and Preservation Consultant will discuss those properties that have been selected for recognition. The categories which will be represented include; painting and exterior finishes, additions and new construction in a historic setting, and a new category this year called Stewardship. In addition, the Margaret Nowysz award for outstanding contributions in the field of preservation will be awarded. The program begins at 5:30, there will be refreshments beginning at 5:00. The program is free and open to the public, there' s lots of free parking at the Chauncey Swan Parking Ramp. We invite everyone to attend next Wednesday's program to help celebrate the best in preservation that Iowa City and Johnson County has to offer. Thank you. Lehman/Thank you. I'm going to ask Mr. Norton to read our third proclamation, Cancer Survivor's Day. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #2c Page 4 ITEM NO. 2c. CANCER SURVIVOR'S DAY - MAY 15 Dee Norton/(Reads Proclamation). Now therefore, Ernest W. Lehman, Mayor of the City of Iowa City Iowa does hereby proclaim May 15, 1999 to be Cancer Survivor's Day in Iowa City, and urges all of our citizens to join in this joyous celebration of life. Karr/Here to accept is Bob Henderson. Norton/Thank you. Bob Henderson/On behalf of all the cancer survivor's, their family and friends who wish to thank you for this proclamation. And also I'd like to invite the city council to a National Cancer Survivor Day celebration at Mercy Hospital, May 15 from 1 to 3 in the Plaza. Thank you. Lehman/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #3 Page 5 ITEM NO. 3. SPECIAL PRESENTATIONS - HUMAN RIGHTS POETRY/ESSAY CONTEST. Lehman/Item 3 is a special presentation, I'd like to ask Joyce Carman to come to the podium and briefly explain the background of the contest and recognize the financial contributors who have made this possible and read the names of the winners which I will produce. Joyce. Joyce Cannan/I'm Joyce Cannan and I'm here to introduce some very thoughtful and talented high school students to city council and to the community at large. These students are to be recognized for their effective writing skills into areas poetry and essay. Their entries in these categories celebrate the importance of human rights and the fact that this year people around the United States and the world are taking note of the 50th Anniversary of the United Nations Declaration of Human Rights. Ten students will receive honorable mention certificates and our congratulations, and two students will receive each a check of $500.00 in recognition of their outstanding writing, one for an essay and one for a poem. I want to thank city council and Mayor Emie Lehman for this opporttmity to celebrate such positive efforts by these young people of our communities. The inspiration for this poetry essay contest is a result of the year long human rights global focus 98 program that's been going on at the University of Iowa and in the Iowa City area this past academic year. Many of you are aware of the outstanding speakers and presentations that have been scheduled to celebrate this anniversary and to focus on human rights. It's really important at this point for me to mention the person who should be standing here and would so love to be here helping Mayor Lehman with these presentations. Professor Bums Weston is truly the inspiration for so many of the successful and thought provoking events that have been available to us this year. I spoke with him yesterday by phone and he regrets very very much he's unable to be with us tonight. His efforts and vision have brought quite a few Noble Prize winners to this community along with many other nationally and internationally recognized speakers. As some of you know these awards were originally to be presented when John Hume, Nobel Prize winner and member of Parliament from Northern Ireland was to speak at the University. Because of renewed negotiations regarding the tenuous peace in Northem Ireland Hume had to reschedule his talk so Mayor Lehman you are standing in for John Hume this evening, and I most humbly am standing in for Bums Weston. This contest was offered to all three high schools in Iowa City and we were pleased to have so many students respond. The organization sponsoring this contest were the Iowa City Human Rights Commission, the City Subcommittee for Global Focus, Human Rights 98, that's the city committee not the University, the United Nations Association USA Iowa Division. The following businesses and organizations contributed financially and made it possible for us to present the $500.00 checks to the two winners. And we are most grateful for their This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #3 Page 6 contributions, Hills Bank and Trust, Iowa State Bank and Trust, Mercantile Bank, the Noon Optimist Club Youth Fund, AFSCME Local 12, Jody Hogeland and numerous anonymous donors. The judges for the entries were poets and teachers of writing and poetry. The points of view expressed may or may not be the views held by the judges. All judging was blind. No names because in this community it's very easy to know someone, so only the judges only had numbers to go by. And I learned tonight that one of the poets here as already been successfully published a few times. This contest could not have been successful without the hard work and organizational help of Heather Shank, Human Rights Coordinator, and Dorothy Paul whose back here from the United Nations USA Iowa Division, they were an incredible help with this. Mayor Lehman I'd like to read the names of the honorable mentioned recipients and they will come forward to receive those awards from you. And after that the two first place winners will come forward to receive those awards and then those entries will be read. Thank you. So, I'd like Beth Kindig, 1 lth grader from West High to come up, Paola Moreno, 1 lth grade from the Alternative Center could not make it, if Honey O'Cadey??? is still in the audience he said he would accept it for her. Kara Callahan from West High School, Chris Fuller, 12th grade West, Brie Nixon 10th grade City High School, Elizabeth Dunbar, City High School. Honorable Mentions for the essay's, those were poetry, did I mention that? Ashley Calkins, 9th grade City High School, Shikha Bhattacharjee, 9th grade West High School, Anna Kudsk, 10th grade City High School and Christine Bursch who can not be here tonight, I believe her mother was here, I'm not sure, we will get it to her anyway, 9th grade City High School. Thank you so much we're glad you all. I want to remind you if you can stay someone from the press will be taking a photograph in the lobby just after the next two all right. Thank you so much, we're proud of all of you. First place winners to be presented the $500.00 check and an award. For poetry Maeta Mufuame, 1 lth grade West High, Maeta came here from a soccer game, and I think would like to go back to his soccer game. Is it too late for you to go back Maeta? Maeta Mufuame/I don't know. Carman/Well, this is quite important too, so Maeta $500.00 award for his poetry. And Eric Peters, 1 lth grade from City High, $500.00 award for his essay. Maeta, how do you want to do this? Mufuame/(can't hear). Carman/You would like me to. Mufuame/(can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #3 Page 7 Carman/All right, OK. I thought I was humble to present people, to sit in for Bums Weston, I'm even more humble now I must say that, your going to, you want me to. Mufuame/Yes, you may. Carman/OK. OK. I want to say that whatever damage I do to this poem will be minimal only because it's so powerful and it stands on it's own despite of my reading so here we are, thank you Maeta. I must say to you that I learned tonight that Maeta and if I mispronounce this forgive me, his languages are in order I suppose Bembe Momimba, Swahili, French and last English. This is one of the most awful things I've ever done to read his poem. "Near our town in the big lake a boat going slowly hits rocks and was sinking. It was full of people from way inside the country, they were having to leave their land, those people were not around lakes, not around big water, they lived by keeping cattle. On dry land they walk a long way beside their cows, they can not swim, and it was so close to shore. Seriously, such a little way, and they all drowned, they can not swim, they keep cattle, and they drowned. My father went with other men to get the bodies, they went out many days looking. At night I was afraid those people would come out of the water, they could not rest in water, their spirits won't, can't. I wanted the men to hurry and find them all. They would be at rest. They don't swim and the shore was so close, they need the freedom to die or their souls can rest. Where they walk on dry land with their cattle, that was freedom to stay. Freedom from fear. When we wanted to come back home we swam across the river, we paid men to help us, our bags went upon their heads, up my younger sisters too, just above the water. I was afraid about the snipers and my younger sisters up above. I was afraid of terrible crocodiles in the waters down below. Is this freedom from fear and want? When we came back to our country after almost a year in Bumndi which was thought to be safer, people all remembered us now, as skinny family. Fear wouldn't let us eat, even when there was enough food. This is freedom from fear. My little brother and I went into the central part of town, around the comer there had been a fight on the street. A store was blown up, the front wall fallen away, people were running in taking things and running out. Someone shuttered their here and men came in with guns and started shooting at everyone, children and women. There was a lot of guns and people yelling "don't shoot me" and lots of people lost their lives. I ran with my little brother. We didn't yell anything, my little brother lost his shoe." Thank you so much. Before Eric reads I just want to thank all of you again for this opportunity. Eric Peters/"There have been numerous cases of human rights violations throughout the past century. But there's one situation which sticks out in my mind. When there has been occurring for half of this century and continues to this day. The situation of which I speak is Tibet. Which is approximately the size of Western Europe. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #3 Page 8 Since the Chinese invasion of Tibet from 1949 to 1951 there have been numerous human rights violations by the Chinese government in Tibet. Yet the rest of the world turns away, pretends not to see and continues the relations with China. One main source of the human fights violation stems from the Chinese interfering with the Tibetans religious freedoms. It has been severely curtailed by the Chinese government. Of the 6,000 Buddhists monasteries destroyed by the Chinese during their invasion of Tibet only a few hundred of them have been rebuilt. During the destruction of these monasteries irreplaceable jewels of Tibet and culture found inside were also destroyed. Tibetans are regularly in prison by the Chinese government for their political and religious activities where they are poorly treated. During imprisonment they are tortured and beaten while Tibetan nuns are brutally raped by prison guards. In one terrible case in recent years a Tibetan nun died in custody as result of being beaten by guards. Not only is China impeding Tibet's human rights, it is also trying to rid Tibet of it's rich culture. In recent years China has gone so far as to promote the migration of ethnic Chinese into Tibet to help destruct the Tibetan culture. The Chinese have strategically selected Tibetans to be taken to China to be educated and their return to Tibet. Take up positions within the Chinese administration in Tibet as cultural and political brokers. In doing so a sense of distress washed over the Tibetans forcing everyone to keep silent rather than express their views against Chinese rule. A person may wonder what makes the Tibetan situation any different from that of others such as the current situation Kosovo. The point is that there isn't a difference. Tibet is just one example of the human rights violations occurring throughout the world today. The one thing that sets Tibet apart is the fact that the Tibetan people have endured these practices for half a century yet they remain strong in their determination to deal with there situation through nonviolent means. Their are currently numerous organizations around the world to help fight Chinese rule over Tibet through nonviolent measures. However, nothing can truly be accomplished until the nations of the world open their eyes. Government leaders need to address the issue with China rather than turning their backs to the subject, there's nothing so great as peer pressure. Should the government powers such as the United States, Great Britain, etc. make an effort to force China to change it's policy through nonviolent means would eventually help the situation. Sadly I do not have faith in the countries of the world. They have demonstrated time after time they are too concerned about their trade relations with China to express their opinions to the Chinese govemment about Tibet. Because of the lack of opposition from the world govemments and corporations the Chinese government maintains it will not change it's ways with regard to Tibet. According to Chen Kuiyuan, Party of Secretary of Tibet Autonomous Region, we will absolutely not allow Tibet to be split off from the great family of the mother land. This demonstrates China's unwillingness to change unless they are forced to through nonviolent measures." This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #3 Page 9 Lehman/Thank you folks, and especially you Joy and Heather, very very nice of and we appreciate it. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #4 Page 10 ITEM NO. 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED AS AMENDED. Lehman/And this will be amended by deleting Item d(1) and adding Item 4d(3) which will be consider a resolution setting a public hearing for May 18 on amending FY99 operating budget. Norton/Move adoption. O'Donnell/Second. Lehman/Moved by Norton, seconded by O'Donnell. Discussion. Roll Call. Motion carries. Item. Norton/Ernie, one comment before we leave. I think it's significant that their making more progress on the soccer field, and that's going to be a real improvement when they get that done. Lehman/That really is, it really is. And that's a project that's really a team effort. Norton/Very. Lehman/The kickers organization of the City of Iowa City, that's really remarkable. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #5 Page 11 ITEM NO. 5. PUBLIC DISCUSSION. Lehman/This is an item that time is reserved on the meeting for folks who like to address the council and items that do not otherwise appear on the agenda. If you'd like to speak to council, please sign in your name and limit your comments to five minutes or less. Rene Paine/Hi my name is Rene Paine, I live at 823 Ronalds Street. And I'm the director of Public Access Television here in Iowa City. Public Access TV received the grant from the University of Iowa Hospital School to offer production and programming opportunities to people with disabilities. The workshops were held April 10 and April 17 at PATV, nine participants produced a video program as part of this workshop. And I invite you to view the world premiere of this program, entitled "Accessing Community Media" tomorrow evening May 5 at 7:00 PM on Cable Channel 2. There's also a reception and a live viewing at the Access Center if you would like to join us there. And that is at 623 S. Dubuque Street. I'd also like to invite the council and the viewing audience to an open house on the afternoon of Friday May 14 as PATV celebrates nine years of service in the Coralville/Iowa City area. The open house will be from noon to 6:00 PM at the Access Center, 623 S. Dubuque Street and we hope to see you there. I'd also like to just pass out our annual report for 1998. Thank you. Lehman/Thank you. Karen Kubby/Congratulations on your ninth anniversary. That's great. Norton/(can't hear). Lehman/Anyone else like to speak? Karr/Motion to accept correspondence. Kubby/So moved. Champion/Second. Lehman/Moved by Kubby, seconded by Champion to receive correspondence, all in favor. Motion carries. Anna Buss/Oh, I'm organized for once, imagine that. Anna Buss, 525 W. Benton Street. Earlier in the year I went home and read my Press Citizen and I was caught by a small article and it was really a small article what caught my eye, I'll never know. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #5 Page 12 But I'm really glad that I saw it and it was about a class put on by called "The Citizens Police Academy" and I called the number that was listed and I came down to the police department, I asked a bunch of questions, picked up an application, took me a few minutes to fill it out and I got to be one of the lucky persons who got to participate in this class. And it was really interesting. It's a joint effort and it's put on by the Iowa City Police Department, Coralville Police Department and the Johnson County Sheriffs Department. The class was every Thursday night for 12 weeks and it was three hours for each evening, the curriculum that was covered was really excellent, some of the items included and I know I'll forget some was the paperwork that the officers have to go through, the officers training, some of the officers selection, how they select the officers, traffic enforcement which covered the use of radar, OWI' s, accident investigation, they had defensive tactics, use of force of display of the weapons, they covered gangs, items and things that to look for, some suggestions in dealing with the gang problems in our neighborhoods. They also had a program on bombs, the tactical team, they had a variety night which covered the DARE program, the bicycle patrol, the animal control, and what the community officers do. The next part of the program was the drug investigation, they had an evening with ethics, legal aspects, family violence, the Johnson County Sheriff s department of their facilities, which they didn't keep any of us I'm happy to say. We even got to see all of the emergency equipment, they also have a fire arms training session which is held here and they also covered evidence collection. On the last evening Judge Lewis talked about what the court systems do on the other end once everybody's arrested. Everyone in the class got to ride with the officers from all three departments, in any and all of the shifts. The class was just excellent. Every evening ran over, none of us left, it was really very interesting. It's my understanding that the next session's going to be expanded to from the 12 weeks to the 14 weeks and I'd like to thank all of the departments that were involved for such an excellent experience. It was a real eye opener to see what the officers do, the amount of continuing education that they have to go through. All of the training they have, the number of extra things that they do throughout the community, I've told of course, a lot of you know me, so I've told everybody I know about this program, I thought it was really interesting. There were certain evenings I thought were more interesting than other evenings but that's with everybody. I highly recommend it to everyone, the one thing I would suggest is that it would get more press, better advertising. We got to meet some really wonderful people of all ages. I think probably one of the younger persons in the class was in their 20's and then it went on up to my age and I'm sure there was at least somebody older than me. There had to be at least one person older than me. And again I'd really like to thank all of the police departments, the Sheriffs department for putting this on. It's something the council should take part in, it's again it's on Thursday evenings, I know time restrictive is. But at least sit it on, everybody sit on at least one or two of the sessions, it was really good. The officers that and everybody involved in teaching, I mean you could just stand and This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #5 Page 13 talk to them, you could really tell they enjoyed the class. Having to see what the, I don't know how the officers that have all that SWAT equipment on even get around with all the weight of that. And then the bomb squad, the outfit that they have to wear I mean we would just fallen over having to wear it, it weighs like 80 pounds and I was like ah, it was really pretty good. But anyway I really do suggest that everybody should go and sit in on at least one night and the general public really needs to go out and see this. It really changes some of your attitudes about what happens, especially if you ride with them on Friday or Saturday nights, that's a real peak time in Iowa City. Again thank you to everyone. Champion/Thank you. Kubby/Thanks Anna. Lehman/Thanks Anna. There's no further discussion. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6b(2) Page 14 ITEM NO. 6b(2). AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-12) PLAN FOR SILVERCREST, A 21.53 ACRE 5-LOT RESIDENTIAL SUBDIVISION INCLUDING 68 ASSISTED LIVING UNITS, 120 INDEPENDENT LIVING UNITS, A 40-BED MEDICAL REHABILITATION FACILITY AND A 900 SQUARE FOOT MEDICAL OFFICE BUILDING, LOCATED AT THE SOUTHEAST QUADRANT OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD. (REZ99-0005) Thomberry/Move adoption to the ordinance. O'Donnell/Second. Lehman/Moved by Thornberry, seconded by O'Donnell. First consideration discussion. Apparently the changes that were made to this did not mateddally change the concerns that the City or Planning & Zoning Commission had and they approved this both the staff and the Commission and has been recommended to us for approval. I guess from the obviously there's no direct public concern at the public hearing. Norton/Well I thought we aired it pretty well last night again. Thomberry/I think so, yea. Norton/That what I status of that outlot and I think we got that pretty well cleared up so. Lehman/Any further discussion? Roll Call. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6c(1) Page 15 ITEM NO. 6c(1). AMENDING CITY CODE SUBSECTIONS 14-5H, SITE PLAN REVIEW, AND 14-6S, PERFORMANCE STANDARDS, REGARDING LIGHTING STANDARDS. Lehman/This is a continuation of a public hearing from April 20. Hearing is open. Robert Olick/Good evening members of the council, my name is Robert Olick. I am among the many residents of Dunlap Court and Third Avenue and other areas of Iowa City that have brought forward our concerns and objections regarding the lights on the Iowa City High School tennis courts. I have not come here this evening to plead our case to you, you've received, I hope, two written submissions previously, one dated April 20, the other April 27, those documents set forth in some detail not just our concerns and objections but a series of proposals for solutions to this problem. Those documents also express our support for the ordinance and lighting standards that your considering here this evening. The reason I came here this evening actually was to extend to you an invitation, as you may know because the district should have sent you notice, we got our Dear City High neighbor letter over the weekend. The district has scheduled a meeting for May 10 at 7:30 PM at the high school in the little theater, I believe, to discuss this matter further and on behalf of all of the residents affected by this we would very much welcome the attendance of as many of you as can make that meeting to observe to participate and I urge you as well for those of you who can come to ask the high school to turn the lights. See what we see and I think you will understand much better the deep seeded source of our disquiet over this situation. Lehman/We did receive the note and we talked last night about council people attending and I think there will be several of us there if we can. Olick/Great, we would greatly appreciate it. Norton/Believe me most of us have been there. I've been there three times, you know, sometimes the nights weren't on, but twice when they were so I wondered around at length. Olick/I'm sure you had no problem finding your way. Thank you. Woodruff/Did you think it was as bright as a full moon light? Norton/Yes, the full moon was on. Lehman/All right. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6c(1) Page 16 Woodruff/That's what he said. When you wondered around. Lehman/If your going to speak you'll have to come to the microphone please. Norton/What did he ask? Woodruff/My name is David Woodruff. When you wondered around was it just about as bright as a full moon out at night or was it a little brighter? Norton/I think it was a little more than that. Woodruff/A little bit more brighter OK. That was Musco Lighting's measurements. Thank you. Lehman/For your information we obviously are aware of this and I understand the school board discussed this, we're expecting some communication from them and there's obviously a great deal of concern on the part of this council as to what will occur out there so you can be assure we aren't going to ignore this. OK. Other discussion. Public hearing is closed. Thornberry/Move adoption of the ordinance. Vanderhoef/Second. Lehman/Moved by Thornberry, seconded by Vanderhoef. Discussion. Kubby/Well I definitely am going to support this ordinance even though I feel like we should go further. As someone who does not only I think it's good policy, and a lot of communities are very concemed about making sure while maintaining security that we're not lighting the sky more than is necessary because it's a waste economically for businesses to do that. And it just pollutes the sky. But also as an individual whose kind of been a victim of light pollution where I have lost my use of my property at night in the way that I had it before a neighboring business and lit up the neighborhood. And so I have a lot of empathy for folks on Dunlap Court and Third Avenue. And I, there were some comments that were made at the last city council public hearing two weeks ago that really kind of had stuck with me one of them was when we were talking about the issue of grandparenting in current business and multifamily areas that are next to single family residential. And the question was asked, "other polluters have to clean up their mess why doesn't, why don't light polluters have to clean up their mess?" And I've been trying to answer that question as a matter of public policy and I know that there would be expense but pollution is expensive and usually we don't really pay the full cost of pollution. At least the generators are the pollution, historically have not paid the full cost of remedying and litigating that pollution so I personally This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6c(1) Page 17 would be very interested in not grandparenting in current areas. I'm not even going to make a motion to that affect because that I know that there is not support for that but I just want to say that I would support that. And secondly something that is on the Planning & Zoning work plan but it's low on the list is looking not just at lighting but other kinds of behaviors of public institutions including the city that could be nuisance to our neighbors lights, noise, I'm not quite sure what else would be on that list and I would like us see us bump that up, I can't say I would want it to be the highest priority because I'd need us to review the list and would want to hear a conversation amongst council members about that. But I would like to see that higher than some other things that I know that are on the list. And so I would like us to maybe review that work program because we actually put something new on it last night as well to see if we want to change the priority there or not. But I think this is going to be a continuing, it has been a continuing problem both light and noise at City High and there may be some University issues, there may be some city issues and I think that this is real important that we not only ask other people to be good neighbors but that at public institutions we also be good neighbors and since it's not happening in kind of the free market system of neighborliness that some regulation is warranted. Norton/I would agree Karen in some, but moving that up after I look at that list and make sure what's going to go down because I think it could be a pretty good big job figure out ordinances that would apply to public other public bodies. Cause it's not going to be so easily I think. Champion/Really. Kubby/That's why we should start now. Norton/Maybe we ought to get started at a low at a steady pace because I think it's a pretty good size job. I agree with you it ought it be that. Your not speaking to the grandfathering issue right now though. Kubby/No. Norton/I didn't understand when they mean grandfathering, wouldn't you have to give them a phase in a time where they would have to fix things? Cause I didn't hear you propose that cause I think we ought to. Kubby/No I didn't propose it because when we talked about this at the informal meeting there wasn't interest in striking the grandparent clause out of the ordinance so I don't know that it's productive at this point, so moved, I don't think there would be a second but I would be in favor of not grandparenting it in for facilities. Lehman/Other discussion. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6c(1) Page 18 Champion/How does that ordinance affect a present business, I mean if we don't grandfather them? So if there light, if they have to replace their lights they would have to replace them within this ordinance. Lehman/Any replacement of existing lights or new lights would have to conform to the ordinance. Norton/Would have to be. Champion/OK. OK. I think it's a tremendous expense, lighting is one of most expensive things you do in the business, very expensive and I would not be in favor of grandfathering it for that reason. But I totally support. Kubby/You would be favoring it. Right. Thornberry/You would be favoring it. Kubby/You would be in favor of it. Champion/Right. Lehman/Well I think the way. Vanderhoef/Well I would be in favor of. Lehman/The way that it's written lights would be grandfathered in until such time as they were changed. Norton/As they were changed yea. Thomberry/Right. Lehman/Or reconstruction then they would be required to conform. Norton/But we do have an issue in general about the grandparenting question, everybody has some monstrous efficiency has to stay there forever. In principle those things can be subject to more rapid action can't they? You might have to taper it a little bit but. In this case I agree with you if you better taper it at the best. Lehman/But Eleanor am I correct at assuming should we define after this ordinance is passed if it's passable in it's current form, if we find there are glaring problems with certain infractions on this could it then could we change the grandfathering of that? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6c(1) Page 19 Eleanor Dilkes/You can always, you can always change the ordinance ifit's I mean ifit's a legal change. Lehman/You mean we could. Yea. But we could change if we wanted to phase something in over a period of time. Dilkes/Well I think we'd have to take a look at the grandfathering issue, I'm not going to commit to that. Lehman/But it is something that could possibly happen. Kubby/But the other thing that we could commit to, I'm sorry Dean. Thornberry/Can't tell. Lehman/We're not going to worry about that now because we're not proposing it. Thornberry/Yea, fight. Kubby/But the other thing we could commit to and I think that, well I guess I don't see that, is that when the city puts up any kind of lighting that we take care of our own and. Norton/Abide by our own rules. Kubby/That we follow our own ordinance even though by law we're not required to. Lehman/I think we generally, we generally do that in every case, we follow our own rules, I have no reason why this would be different. Kubby/But a recent example is some of the new downtown lights that are ornamental globe lights, where after they were put up because there were some, there were mixed reaction to how much light and where the light was going, but we heard some complaints from astronomy folks, we heard some complaints from some patrons of downtown that it was too much. And we put the shielding on them but it wasn't part of our natural, although I guess that was a part of the ordinance at the time that we did those lights. Lehman/We didn't violate any ordinance. Kubby/But we should have leamed from the College Green Park example where you may have that much light, that it was too much for the community so. And in the future I hope that we continue that strategy. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6c(1) Page 20 Lehman/Further discussion. Champion/50 feet high. Lehman/Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6d Page 21 ITEM 6d. CONSIDER A RESOLUTION APPROVING ANNEXATION OF APPROXIMATELY 10.3 ACRES OF PROPERTY LOCATED EAST OF SCOTT BOULEVARD AT WASHINGTON STREET. (ANN99-0002) Norton/Move adoption of resolution. Lehman/Approved by Planning & Zoning Commission. Thornberry/Second. Lehman/Moved by Norton, seconded by Thomberry. Kubby/I have a little bit of concern about future annexations in this area if there for the purpose, one of the reasons, our annexation policy has some certain, we have to justify the annexation and one of them is at, it helps live out our comprehensive plan and part of that is to provide more diversity in housing and one of the things that this will bring is more senior housing into the community which is needed and will be needed in the future. I do have a concern, even though there is senior housing in many places in the community we're starting to bunch them up along Scott Boulevard on the east part of town. And this will be the third one in a short period of time that will have been approved and built and I know that staff has talked about it and we've talked about it and I just want us to be conscious of that in the future. Norton/Well there's three of them on the other side of town, at least in the offing too, aren't there? Vanderhoef/Yes. Norton/There on the west side of town kind of on Mormon Trek in some certain sense, close to that. Vanderhoef/Melrose, Mormon Trek. Norton/Melrose, Mormon Trek area. So it's show them we're going to catch up. Champion/It's a balancing act. Kubby/But having this little enclaves. Vanderhoef/Well part of this though is according to our comprehensive plan that we are looking at placing high density multifamily kinds of residence near the arterials or on the arterials. So it's part of our own design that when a developer comes and This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6d Page 22 wants to place one of these high density establishments this is where they look for their land because that's where they get approval. So if we are not wanting them all in a row on the arterial then it would mean that we have to go back and change our policy. Kubby/Well there are. Vanderhoef/Not willing to do that one. Kubby/Right. I agree, I hear that, and agree in theory with that policy, it makes a lot of planning sense. Part of it though is that when people do come to us whether it's for elderly housing or lower income housing. (End of 99-52 Side 1) Kubby/We usually can't get a majority of council to approve them and so the strategy is you have to annex land in where there isn't development around you or not very much development around you in order to get these higher density kinds of development approved, because that's the only way it can pass muster at this level. Norton/Well one of these projects was going to be right down on the river you remember. Kubby/Right. Champion/Right. Norton/That was just fight down pretty close to town, that didn't work out so well environmentally but. Champion/Well it should have been a flood plain. Norton/Well I think, I mean it was going to be a mess, water wise, water wigs. Champion/Water wigs. Lehman/Further discussion. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6e(2) Page 23 ITEM 6e(2). CONDITIONALLY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 14.83 ACRES LOCATED EAST OF SCOTT BOULEVARD AT WASHINGTON STREET FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8), LOW DENSITY MULTI- FAMILY RESIDENTIAL (RM-12), AND COUNTY SUBURBAN RESIDENTIAL (RS) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-8; 8.37 ACRES), LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5; 5.63 ACRES) AND LOW DENSITY MULTI- FAMILY RESIDENTIAL (RM-12; .83 ACRES), AND A REQUEST FOR A PRELIMINARY OPDH PLAN TO ALLOW 74 DWELLING UNITS ON 8.16 ACRES. (REZ99-0004) Lehman/Public heating will be continued from April 20th open. Anyone wish to speak to this issue? Public hearing is closed. Thornberry/Well has the stuff been done? Lehman/I think everything is in order so we can. Dilkes/The CZA is signed. Lehman/Do first consideration tonight. Thornberry/Move adoption of the ordinance. Norton/Second. Lehman/Moved by Thornberry, seconded by Norton. Discussion. Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6h Page 24 ITEM No. 6h. CONSIDER A MOTION TO FORWARD A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING APPROVAL OF AN EXTRATERRITORIAL REZONING OF 2.68 ACRES ADJACENT TO 1244 DEVON DRIVE NE INFRINGE AREA A FROM SUBURBAN RESIDENTIAL (RS) TO RURAL (A1). (CA9912) Norton/Move to forward the letter. Vanderhoef/Second. Lehman/Moved by Norton, seconded by Vanderhoef. Discussion. Norton/Always glad to see things go back to agricultural right from residential. Lehman/Yea this is. This is exactly that. All in favor. All ayes. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6i Page 25 ITEM 6i. CONSIDER A MOTION TO FORWARD A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING DENIAL OF AN EXTRATERRITORIAL REZONING OF ONE ACRE LOCATED IN FRINGE AREA A AT 3005 HIGHWAY 1 NE FROM RURAL (A1) TO COMMERCIAL AGRICULTURAL (C-AG). (CZ9913) Vanderhoef/Move to deny. Lehman/I'm sorry, we have a motion to deny, is there a second? No, we have to have a motion to. Vanderhoef/Approve the letter. Lehman/We have to have a motion to approve. Vanderhoef/The letter of denial. Thomberry/Second. Lehman/All right. Moved by Vanderhoef, seconded by Thomberry. Discussion. Allan Berger/My name is Allan Berger, I'm the property owner and I have the application pending with the county. The plan was to put a veterinary practice at this location, both my wife and I are veterinarians, I don't know how familiar you are with the, some of you are not and so. When I started on this process about I guess this was about a year ago with the county, county zoning neglected to tell me about the urban area fringe agreements at all, nor did they warn me of the consequences of treading on that agreement. So I feel a little bit lost in the political wilderness. What I'm here to ask is Mr. Miklo with the staff report and also the city planning zoning supported a conditional approval via a home business or special use permit and I guess I would like to ask the city council if they would be willing to put that in their letter in hopes of. Kubby/It's in there. Berger/Moving some sort of a, I'd like to give you the history if your interested in. Lehman/I don't think. Kubby/The letter does incorporate that, that that. Thomberry/I don't think it's a problem. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #6i Page 26 Lehman/OK. Yea, that's fine. Norton/No problem. Berger/Thank you for your time. Champion/No problem. Lehman/Thank you. Kubby/It's a very good solution for keeping our agreement in tact and letting you do what you need to do. Berger/Thank you. Lehman/A few times it really works for everybody. Champion/Barely. Lehman/Other discussion. Vanderhoef/Amazing what conversation will do. Lehman/All in favor. All ayes. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #7 Page 27 ITEM NO. 7(2). PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENTS FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Norton/So moved. Vanderhoef/Second. Lehman/Moved by Norton, seconded by Vanderhoef. Discussion. Kubby/What's the date for receiving bids, anyone know that? Karr/June 3. Kubby/June 3. Lehman/June 3. Kubby/So it would be at our next council meeting after that we would vote on awarding. Lehman/Right. Vanderhoef/15. Kubby/Thank you for that. Norton/14 or so. Vanderhoef/15. Norton/14-15 right. Kubby/Thank you. Lehman/Further discussion. Dilkes/Mr. Mayor. Lehman/Yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #7 Page 28 Dilkes/If I can just have a minute. I think, I'm looking at the resolution and it calls for 10 percent bid security and I believe that the specifications are calling for 5. Lehman/Is this security or contingency? Dilkes/Oh, OK, we'll stick with 10 and we'll just have to change the specs. That's fine, go ahead. Lehman/OK. Champion/What. Lehman/We're OK, OK, we're fine. Eleanor says it's OK. Dilkes/Yea, ignore what I just said. O'Donnell/You just changed the specs. Lehman/We're in good hands with Eleanor. Any further discussion. Norton/Well it I don't know, further step in a really very very significant project for downtown. Lehman/Dee I think that's exactly fight, this is. Norton/It's a very big step. Lehman/It really is, I mean this is something that's part of a much much larger project for the entire downtown, it incorporates the streetscape, commercial property, parking, Iowa Avenue, I think a partnership project with the University of Iowa, that's part of a really really big puzzle, and this is obviously the biggest part. Vanderhoef/And the commercial also. Lehman/Right. But this is the biggest part of it. Norton/Well and then there's relates to the senior future of the senior center, it affects a lot of things. Lehman/Yep. Roll call. Motion carries. Kubby voting no. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #8 Page 29 ITEM NO. 8. CONSIDER A RESOLUTION AUTHORIZING RELOCATION ASSISTANCE TO PERSONS DISPLACED FROM THEIR HOMES OR THEIR BUSINESS AS A RESULT OF THE IOWA AVENUE MULTI-USE PARKING FACILITY. Norton/Move adoption of resolution. O'Donnell/Second. Lehman/Moved by Norton, seconded by O'Donnell. Discussion. Kubby/I'm going to be voting for this even though I'm against the project and don't think we should be bidding it out, I think those residential uses, any kind of displacement we do with public projects that we should be paying these expenses. Lehman/Yea, I think that' s just been a matter of policy we've taken, whether it's residential or business, if we displace them we will pay relocation expenses, that's what this does. Further discussion. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #9 Page 30 ITEM NO. 9. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WESTMINSTER SANITARY SEWER IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Lehman/This is a project with an estimated cost of $650,000 funded by sewer revenue bonds. Public hearing is open. Public hearing is closed. Vanderhoe~ Move adoption of resolution. Thornberry/Second. Lehman/Moved by Vanderhoef, seconded by Thornberry. Discussion. Norton/This has been long time Thornberry/Yea it has. Norton/Coming to hasn't it? Lehman/Yea. Norton/It's been needed for a long time. Lehman/Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #10 Page 31 ITEM NO. 10. THE CONVEYANCE OF 2750 IRVING AVENUE. Lehman/This is for the Iowa City Authority purchase a freestanding house located at 2750 Irving Avenue as part of the Affordable Dream Home Program. Under this program the city will be holding a mortgage of approximately I think $31,000 the family will borrow what $71,000 on the total price with a forgivable grant of $10,000 from the Federal Home Loan Bank. Hearing is open. Hearing is closed. Vanderhoeff Move adoption of the resolution. Norton/Second. Lehman/Moved by Vanderhoef, seconded by Norton. Discussion. Thornberry/I have a question. Lehman/Yes. Thornberry/How many houses may a body I guess this is for you Eleanor, how many homes or businesses or residences can a body or a person or a family buy and sell in the course of a year without having a Realtors license? Do you know? Dilkes/I don't know. Thornberry/I just don't traderstand. Kubby/Will you explain the connection? Thornberry/Pardon me? Kubby/Could you explain the connection? Thornberry/Yea, I just don't know why the Iowa City Housing Authority bought a house, bought a building, a townhouse. And turned around and sold it. Lehman/Well we authorized them to do it. Thornberry/I understand that. I'm just wondering how o~en can they do this and is the city in the business of buying and selling real estate? Dilkes/Well my initial impression would be that just because one is in the business of buying and selling real estate does not make that person a Realtor or a need of a This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #10 Page 32 Realtor's license, and typically a Realtor is in the business of buying and selling on behalf of others. Thornberry/Well we are, we buy and sell on the behalf of others. Dilkes/Well. Thornberry/But it's not to make a profit obviously. Dilkes/That would be my initial reaction. Thornberry/Take a loss. Vanderhoef/But as I understand it this is the money that we received from selling part of the housing stock. Thornberry/Dee I understand that. Vanderhoef/That was purchased with HUD money. Thornberry/I understand that, I just didn't think that the city was in the business of buying and selling real estate. Lehman/You know Dean. Kubby/On a small scale. Lehman/That this is the program that you and I love, we're taking the money and we're helping people own homes. Taking them off the cities ownership and putting them on the tax roll. Thornberry/Ernie your exactly right, but they don't have to be on the cities in the cities coffers to begin with. Lehman/Then we wouldn't be able to help these folks out. Thornberry/Yes we can. We can do it with a number of other projects, such as loan guarantees. Norton/Well we're doing that. Thornberry/We can do it with. Norton/(Can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #10 Page 33 Thornberry/We can do that, but we just don't have to be in the real estate business I don't feel that we need to buy and sell real estate as a city. I just I just have a problem with that, but anyway. Champion/That's all right. Thornberry/We sold this one so that' s. Champion/We know that' s how you feel but we just vote for it anyway. Norton/We're out of the business now Dean we just sold it. Thornberry/No we're not, we're not out of the business, we own almost 100 properties now. Norton/But those are, there were just exercising some leverages that HUD gives us. O'Donnell/Dean if you help us sell this one there'll be one less than we'll own (can't hear). Thornberry/Let's do that. Let's do this. Lehman/Roll call. Motion carries. Vanderhoef/I just want to say it's a lovely house, I went out and walked through it and it's really very very nice, very compact, well thought out. Thornberry/Do you think it's worth more than $111,9007 Vanderhoef/I'm not a Realtor so I don't know. Thornberry/Let's, we're going to have to get in the business. Lehman/OK. Norton/I mean the city can start making money Dean. Thornberry/No, we're losing every time we sell one here, we're going to have to buy and sell. Lehman/Let's see what happens with making money on #11. Thornberry/All fight. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #11 Page 34 ITEM NO. 11. CONSIDER AN ORDINANCE REPEALING SECTION 1-9-2 OF THE CITY CODE ENTITLED "LIMITATION ON CAMPAIGN CONTRIBUTIONS." (FIRST CONSIDERATION) Lehman/Eleanor would you just briefly tell folks what we're doing here I think you determined that we were doing may not be appropriate. Dilkes/The city since the 1970's has had an ordinance placing a $50.00 limitation on campaign contributions both to candidates and on ballot issues, actually that limitation was initially $125.00 and was dropped to $50.00. In reviewing the campaign materials that are being prepared by the city clerk's office for the candidates this year I reviewed that section of the code in light of recent eight circuit cases which is the circuit we're in and the federal law that binds us and it was my determination that the provision would not withstand constitutional challenge, so I'm recommending repeal. Lehman/Do we have a motion to. Thomberry/So moved. Vanderhoef/Second. Lehman/Moved by Thornberry, seconded by Vanderhoef. Discussion. Norton/Well I just think it' s, I think it, I think the idea of a modest limit is a generally idea and I'm just distraught that the feds see it otherwise. I think it's very appropriate to make it some small units but I guess we got to go along with it given the evidence that's presented to us about the legality. Dilkes/Well let me just clarify just so there's no misunderstanding that the law is not that any campaign contribution limit is not constitutional. Norton/No I understand that. Dilkes/You can put a limit in place that is constitutional. Norton/Not a (can't hear) of sort. There may be some numbers somewhere were not sure. Lehman/Well I think. Dilkes/There will be some number and some process. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #11 Page 35 Norton/I'd be in favor of a modest (can't hear). Dilkes/For justifying that number that may make it. Lehman/But I think you you really have echoed the sentiment of the council that this may be something we need to do but I don't think many of us are enthused about it we think the problem should be of modest. Champion/Isn't it ironic that now somebody can give you as much money as they want but you can't have more than $1.99 lunch. Norton/That' s what I just (can't hear). (All talking). Champion/Somebody can give me $1,000.00 but I can't you know $2.99 lunch is bribery, I can. Lehman/$3.00though. Champion/All right $3.00 then. Norton/I said I haven't been taking the donut to stay under that. Champion/You could have just half of a donut, you could share it. Thomberry/Are you sure Dee? Lehman/OK. All right. Kubby/Our attorney has said that she will be monitoring the eight circuit in any kind of supreme court rulings on this to help us determine if there can be a limit for our community that would pass constitutional muster and I think that' s really important because if some things come out of those cases that are applicable here I think we would be very interested in looking at that because I too am very saddened by this and actually would encourage and challenge candidates in the 1999 City Council races to still implement and live by the $50.00 limit voluntarily. I think that would be a great idea and there are four seats up in November of 1999 which is a majority of council and I hope if all four of us run for reelection that we will choose to abide by the $50.00 limit voluntarily and incumbent. Thomberry/I think if somebody perhaps if somebody offered me $1,000 toward my campaign contribution, you got more money last time than I did. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #11 Page 36 Kubby/$50.00 limit. Thornberry/I don't think I would mm it down because I put a lot in out of my pocket so. Norton/Well let's. Lehman/OK, nobody's announcing though is that right? Norton/There is still disclosure I think it's fair. Thornberry/(can't hear) disclosure status. Sure. Norton/Disclosure laws are still in effect. So if you wanted to go look at who supported who at what rate you can certainly do. Thornberry/Sure. Lehman/First consideration has been moved. Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #12 Page 37 ITEM NO. 12. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE NORTHGATE CORPORATE PARK URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. (PASS AND ADOPT) Lehman/Did anybody understand anything I said? Champion/No. Vanderhoef/Move and adopt. Thornberry/Second. Lehman/Moved by Vanderhoef, seconded by Thornberry. We have proven that we don't know what we're voting on. Any discussion. By the way this is just an (can't hear) legislation, doesn't really do anything except make the possibility of some incentives that could be granted by the city. Roll call. Motion carries. This represents only a reasonably accurate transcription of the lowa City council meeting of May 4, 1999. #13 Page 38 ITEM NO. 13. CONSIDER A MOTION TO ACCEPT THE FORM OF CONTINUING DISCLOSURE CERTIFICATE PERTAINING TO THE $9,200,000 WATER REVENUE BONDS. Norton/Move adoption of motion. Lehman/Moved by Norton Thornberry/Second Lehman/Seconded by Thornberry. Discussion. This is technicalities. Norton/Technicality, yea. Lehman/I mean this is just a procedural sort of thing. Atkins/You have to do it. Don Yucuis/These two items are part of the bond sale that are required by federal law, and we need to pass them as part of our final resolution when we sell the bonds. Lehman/(can't hear). Yucuis/It says that we're going to disclose, if anything happens financially with the city that would warrant us to disclose the bond to the bond holder if something was wrong. This says we have to do it and within a timely fashion. Lehman/OK. It sounds like the thing to do. Roll call. Karr/A motion (can't hear). Lehman/Oh, motion. Thornberry/It's been (can't hear). Lehman/I thought we had a motion. Karr/All those in favor. Lehman/All in favor I'm sorry. All fight we passed it. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #17 Page39 ITEM NO. 17. 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. (FIRST CONSIDERATION) Lehman/This is in effect raises the water rates of August I by 15 percent. Vanderhoef/Move first consideration. Lehman/Moved by Vanderhoef. Thornberry/Second. Lehman/Seconded by Thomberry. Discussion. Champion/I'm not going to support this, I don't think it's going to make any difference but, I have real objections to the water bills being increased by 15 percent. We just voted for a 10 percent increase on the wastewater which will actually more than. Will increase even more if we increase the water, isn't that an expenditure water usage bites so? Kubby/Actually it's based on volume not how much you pay for water it's based on how much water. Champion/Well I understand that. Kubby/So that it won't compound percentage of it anyway. Norton/No it's not compounded that's right. Champion/Oh it won't? Norton/No, no. Kubby/No, because it's based on how much water you use not how much you pay for it. Champion/Well I'm still not going to vote for the water increase. I think as I said before we are, housed are all being reevaluated, people's property taxes are going to go up from that. The roll back in a state has gone up or down whichever way it's a benefit to us so people's property taxes are going to go up from that. And it that means rents, everything are going to go up accordingly. And I think water is already very expensive and I know we're paying for a new water plant but I just This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #17 Page 40 say we got to spread it out a little bit and I'm not going to support it, I have strong objections to how much families can afford to give the city. Thornberry/I also Connie am for the fact that we have to increase the rates as much as we do and I will, I'll say that we wouldn't have had to do this if they'd started the water plant many many years ago when it had to been done. And then we wouldn't have had to do the water and the wastewater treatment facility at the same time. However, however, not funding if we all voted against this increase, we would not be able to make our, would not be able to fulfill our obligations as far as the water plant is concerned. Champion/We would just wouldn't be on schedule. Thornberry/We would not be, we would not be on schedule at all. Champion/Right. Norton/We wouldn't meet the deadlines either. Thomberry/That's correct, we would not meet the deadlines and we would be in default. Kubby/We don't have any deadlines for the water plant, it's only waste water. Norton/Not on the water. Champion/No, I voted for the wastewater increase. I'm not voting for the water increase. Norton/But these commitments were made a long time ago, and should have been (can't hear). Thornberry/And this is just a it would be a freebie vote to say no and it would be inappropriate. Champion/I'd like to win at the freebie vote, I voted no and I can't support it. Thornberry/As far as not you know I don't want my water rate to go up either but. Champion/I don't care that yours goes up. Thornberry/But it is only a, it's only a, you don't care? Champion/No, because I know you can afford to pay it. Lehman/She doesn't care about yours. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #17 Page 41 Kubby/Only Dean gets a 15 percent increase. Thornberry/I'll take the 15 percent. Lehman/All right. Norton/I do think it's worth noting in that in reference to Connie's point that and Dean' s that we're facing here and dealing with a problem that was deferred for many years, 20 years ago. Kubby/(can't hear). Norton/And we're trying to get at that, but we also have a low income policy that I think tries to save some of the other incentives expressed to the people who are really very very difficult straights have some options to help them. Champion/That's true in almost everything that most cities do that people at both ends of the income have their needs met. It's the people in the middle who are in trouble meeting the meeting the income strategies. Norton/Well I mean. Lehman/The council's spent a great deal of time discussing this several years ago and this is part of a of a total program to raise the funds to build the water plant. Part of that that philosophy was that we would raise 20 percent cash so we don't have to borrow all the money. And effectively that will mean lower rate, smaller rate increases or no increase in future years but we have to bite the bullet sometime and I don't like to raise anymore than anybody else but it's something I feel we don't have a whole lot of choice about. Vanderhoef/The choice of paying for a longer time and paying more debt retirement, actually increases the tax to our citizens so that policy still suits my purpose of collecting some cash up front. Kubby/And even though, an important lesson that we've all learned because we all inherited that bad, my view and I think most of our views that it was bad policy not to be saving nickels and dimes knowing we had an old water plant and knowing regulations were going to change and that water quality was deteriorating but we're working on storm water management issues that we know are coming down the pike and hoping to not be the bidders of a big problem to future councils on those new regulations coming down for storm water having to be treated or dealt with in some way, so we're trying to deal with that. But I also support these efforts to improve both the wastewater and the water treatment plan This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #17 Page 42 and doing it in the strategy. Their the two most important public health environmental services that the city's provide that create the level of health and well-being we have in our country. I think these are really important, realizing how painful it is for us to do these two at the same time. In response to Connie, I agree that we're doing all these, we're doing a lot of big expensive projects and we voted on a higher tax levy this year, a 5.46 percent increase in property taxes. That's higher than what anytime in the last 12 years and I think that there was a different way to deal with the expense that families had that households have on a month to month basis and I would have chosen to keep our strategy with wastewater and water treatment and spent less money in our budget. That's one of the reasons I voted no on the budget and I also found it pretty interesting during our sales tax discussions that there was some talk about realizing that water rates could be seen as regressive. Our rate structure could be seen as regressive and that's why we needed a sales tax to pay for it and I would prefer that we would have a flat rate water rate structure or an inclining rate I know that I personally have not done my homework to come up with a specific offer to propose to council and so I will be supporting this even though I feel in other communities have lived out a more what I would call fair rate structure for the community. But until I've done my homework and proposed something specific to council, and that's something if anyone wants to help me out on feel free to contact me. Norton/Karen do we have that data from other communities on how many deal with our, was that assembled sometime ago? Kubby/Actually Naomi Novick did do some research. And Portland has a very interesting but complicated water rate structure that tries to incorporate some Norton/Well we (can't hear). Kubby/Those kinds of issues of fairness and but I don't think using one example is good enough and so. Norton/No. Kubby/I might spend some time on that. Lehman/Well that's another discussion I think that we have almost every community in the country uses a decreasing rate structure similar to what we use and I think some evidence that do otherwise put us in court, but that's the story. Roll call. Motion carries, Champion voting no. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #19 Page 43 ITEM NO. 19. CONSIDER A RESOLUTION ADOPTING IOWA CITY'S FY00 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. Thomberry/Move adoption of resolution. Vanderhoef/Second. Lehman/Moved by Thornberry, seconded by Vanderhoef. Discussion. Norton/Well here is some acknowledgment here has to be given to the housing and development commission to work out all these, to work out all the details of this and you know you read through their minutes, so long and elaborate minutes and long discussions, I thought they did a terrific job of balancing the various considerations. Lehman/No question about it. Norton/And they really need a pat on the back, Gretchen Schmuch and the rest of them. Kubby/They serve us well. Someone who used to be on the Commission who was observing the public hearing, or not the public heating but their final decision making with the new points or the revised points system says it was unbelievable how well that worked and how quickly they came to a resolution that the observer thought it was very well done. And they do deserve many thanks. Norton/They've apparently settled on a scenario for that final decision then. You know they had four options there and they decided one of them really worked very nicely, when they chose a (can't hear) model I assume for next year. Lehman/Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #20 Page 44 ITEM NO. 20. CONSIDER A RESOLUTION ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR OLD BRICK EPISCOPAL LUTHERAN CORPORATION WITHIN THE FY00 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS). Thornberry/Moved adoption of resolution. Kubby/Second. Lehman/Moved by Thornberry, seconded by Kubby. Discussion. I think we separated this out because one of our council folks, Connie I think you indicated that you are on their board. Champion/Yes, I'm on their board and felt like I should abstain. Lehman/Right. Champion/To this vote but wanted to vote for the other items. Lehman/OK. Norton/Pardon me but it should be understood this had to do with putting in an elevator to make this more accessible for public uses and I just want to make sure that people understood how this happen to be on the list. Lehman/Right. Norton/And it is a public use that their talking about. Vanderhoef/And this only partial payment. Norton/It's sharing. Vanderhoef/$20,000 as total is someplace around $100,000. Lehman/Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #21 Page 45 ITEM NO. 21. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE AIAS/CRANDIC INTERCHANGE PROJECT, STP-a-3715(12)--86-52. Lehman/The engineers estimate was $803,000 the bid came in at $689,971 and it's from Steger-Heiderscheit I think it is. Thornberry/Out of Dyersville. Lehman/OfDyersville Iowa, their recommendation from public works is that we award the contract to them. Thornberry/Move adoption of this resolution. Lehman/Moved by Thornberry. Norton/Second. Thornberry/Under bid. Lehman/Seconded by Norton. Under is not used to it. Vanderhoef/I' m jealous. Lehman/Discussion. Vanderhoef/They got a low bid and we've been getting high bids. Thornberry/That's right. Vanderhoef/I think people should understand that Iowa City did the work for this grant proposal but we don't have any money involved in it, it was something that was being done by the railroads under a clean air grant which will help our city in having the trains do their. Thornberry/Switching. Norton/Switching. Vanderhoef/Switching, switching, thank you for the word. Outside of the city limits. Thornberry/Is that rain or wind? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #21 Page 46 Lehman/That's rain. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #22 Page 47 ITEM NO. 22. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY CIVIC CENTER ADDITIONS AND RENOVATIONS PROJECT. Lehman/The architects estimate was $1,548,000.00 dollars. The low bid was $1,887,000.00 dollars. The public works is recommending we reject this bid, we would, I entertain a motion to approve the bid and (can't hear) to reject it. Thornberry/All right, I would move to adopt the resolution. Lehman/Moved by Thomberry. Norton/Second. Lehman/Seconded by Norton. Norton/Now we're going to vote against it fight? Lehman/They recommended that we do not accept the bid and so a negative vote on this would eliminate the bid. Roll call. It has been rejected. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #23 Page 48 ITEM NO. 23. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR MAY 18 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY CIVIC CENTER THIRD FLOOR EXPANSION AND FIRST FLOOR RENOVATIONS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Thomberry/Move adoption of the resolution. Lehman/Moved by Thornberry. Kubby/Second. Lehman/Seconded by Kubby. Discussion. Kubby/So this is to reset or to set a public hearing for a scaled down version. Lehman/Right. Atkins/Yes. Kubby/Of the previous item. And I guess I want to say to council that I have had some frustration in the last couple of years that it seems like we haven't said no as a body to any large project and it's part of that previous discussion about how much it costs to live in Iowa City and that I'm really happy that on this project we were willing to say it's just too much and we're going to scale back, and we may just have to do that other part later. Lehman/I think that's a good point Karen, I think it's also it's I think we should point out that this is the recommendation from our own public works engineering as well, they concur that this is (can't hear). Kubby/Does this new configuration include the alternative energy section? Atkins/Yes. Lehman/Roll call. Resolution passes. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #24 Page 49 ITEM NO. 24. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AN BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. Lehman/This is a service of I think the cost is $269,500 to be paid for by landfill revenues. Thornberry/Move adoption of the resolution. Lehman/Moved by Thomberry. Vanderhoef/Second. Lehman/Seconded by Vanderhoef. Discussion. Norton/Well, is this another kind of unfunded mandate? Vanderhoef/Absolutely. Atkins/Absolutely. Norton/Isn't that what it amounts to? Vanderhoef/No doubt about it. Norton/That we've got to track all the (can't hear). Also I thought we'd have some, hasn't Green been involved with our landfill in a number of cases already? Atkins/Dan Scott's here. Lehman/Well I think so but. Atkins/Yea, they did some other projects. Norton/Is that why we're still using them, they've been involved with. Kubby/Oh yea, they know the landfill. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #24 Page 50 Dan Scott/Yes they have, they have been involved in a two of our recent cell construction projects and they've done a very good job with that so we want to use them in our gas system design. Lehman/Would it be correct to say that someone as familiar with the project such as they are probably could do a better more reasonable job of doing this work than someone who comes in and is not familiar with the land fill? Scott/That's been our experience. Lehman/Right. Which is why we're asking that these people get the award. Scott/Yes. Kubby/Put up speed faster. Lehman/Right. Norton/What is the conclusion here, they can tell us what is needed, they don't do what is needed, they just tell us what is needed is that right? Scott/That's correct, their going to design the system and their going to. Norton/This is just all thinking basically. Testing and thinking and planning but it doesn't involve any any capturing of gas. (All talking) Scott/Yes, that's true, it doesn't include any construction costs. Norton/OK. Atkins/This is the study and design plans and specifications, you'd have to another group to actually go out for the construction, if that's what you meant, correct? Scott/Yes. Norton/What I'd likely to roll we're going to find out but you can do it. Atkins/Yea. Norton/But your talking about our wastewater earlier and water, well I don't bet your mandated to some extent by pressures from other authorities about the cleanliness of effluent and the nature of gas collection. I'm sure there are things that This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #24 Page 51 legitimately have to be dealt with but have been passed fight on down to the city so that's one of the burden's we're carrying. Kubby/Although we just reduced the rate, or will be after two more readings, reducing the solid waste fee. Norton/Yea, I said, at some context to that, we're reducing that and in the meantime we're doing or building a recycling center or hazardous waste center. Kubby/But we've been planning for that and we've been squirreling away money like we all think we should be which is good. Norton/Yea, put some reserve away so. Atkins/Just remember you adopted a comprehensive plan for the land fill which allows us to do many of the things that we're doing and we're just simply keeping on track with that plan. Vanderhoef/And part of this happened because of the good planning. Atkins/Yes. Vanderhoef/That they did for us so that we can use the cell and store more in one cell which decreases our overall costs for landfill. Norton/But nobody's making money with the gas they do collect out of these things, are they or are they actually turning a profit anywhere? This just makes it less. Scott/Yes, I believe in some places they do and that's something we're going to look into, that' s all part of this contract, so we'll be back to you with some of our ideas on what we can do. Thomberry/Well you probably you could at least reduce costs. Norton/Well you could reduce costs yea. Thornberry/Yea, sure. Vanderhoef/And the possibility for reclaiming the gas for even energy for the new land fill. Scott/That's a possible option also that's something that we're going to look into as part of this contract. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #24 Page 52 Lehman/Thank you. Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #26b Page 53 ITEM NO. 26b. COUNCIL APPOINTMENTS. Lehman/At last night' s council meeting the council recommended that Rick Spooner be appointed and for the Parks and Recreation Commission that Toni Cilek be appointed. I would like a motion to that affect. Vanderhoef/So moved. O'Donnell/Second. Lehman/Moved by Vanderhoef, seconded by O'Donnell. All in favor. Thornberry/You know what, I'm sorry. Lehman/Approved go ahead. Thornberry/I did have a couple of calls for the Human Rights Commission and I knew who we had talked about approving and I didn't want to say anything to anybody because you never know what we're going to end up with on a vote so I didn't tell them who we had really approved last night in case somebody changed their mind or something so. Norton/Well we should comment again that we had strong candidates. Thomberry/Yes we did. Norton/We had some tough choices to make, and a number of factors to go to put into the hopper here. Thornberry/I mentioned to everybody that called me that I at least talked to Heather Shank also, she's the head of the Human Rights in Iowa City so I talked to the department some too. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 54 ITEM NO. 28. CITY COUNCIL INFORMATION. O'Donnell/We had a great time last Sunday at St. Wenceslaus for the Crisis Center breakfast. I believe Emie burnt pancakes. Lehman/No, no, that's not true. O'Donnell/Dee Norton bumt pancakes. Norton/I did. O'Donnell/And I passed out sausages and it was fun. Vanderhoef/I passed out (can't hear). O'Donnell/I wanted to comment Karen mentioned a flat or a flat water rate and I would not be supportive of this, it's another negative perception of doing business in Iowa City. I think rather than penalizing our businesses we recognize them for the many jobs and benefits they offer our community and I just wanted to comment on that. Lehman/We may have an opportunity to discuss that further I think. Connie. Champion/No, I don't have anything thank you. Kubby/A few things, there' s always so many things going on. I want to remind people about their opportunities to give us some pretty direct feedback about the proposed change in our transit routes. One is this Thursday May 6 from 3:45 to 5:45 in Room A of the Iowa City Public library and then again at the formal public hearing here in the council chambers May 18 at 7:00 PM and that public hearing will happen near the very beginning and will last about an hour and then if people have more comments we'll continue the public hearing to another meeting. This Saturday May 8 the Iowa Civil Liberties Union is having their annual dinner at the IMU if anyone's interested give me a call and I'll tell you how to get in contact with folks. For people who heard our discussion about lighting and the tennis courts lights just some specifics on that May 10 meeting at 7:00 PM at City High in the little theater. And lastly May 13 is the University's multicultural graduation banquet. And it starts at 6:30 in the main lounge of the Iowa Memorial Union to really celebrate the diversity of students we have on campus who are graduating. That's all I have thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 55 Thornberry/Just glad to be back in town, I was stuck in Georgia last week, last council meeting and it's sure glad to be back here even with the rain, that's all I have, I don't have any. Vanderhoef/Just a couple of things. First off did everyone receive this, this was mailed directly at home, and it's the Ensuring the Central Role for Cities in the (can't hear) Electronic Marketplace. Norton/Yep. Vanderhoef/You got it. Lehman/Well I'm sure I did. (End of 99-52 Side 2) Vanderhoef/And then one other announcement, this is for Julie Voparil from Marian's office who broke her leg this weekend, and we wish you well and look forward to having you back soon. Kubby/Yea. Vanderhoef/That's it. Norton/Just a couple of quick points. I was along with Mike we were out at the PCRB forum out at Broadway the other night and the chief made some presentation, made a presentation and then there was a discussion with some young people making some points and towards the end several apartment managers, which I found very helpful because their the people that are fight there in the front line of two apartment managers in that area expressed their views. Hopefully very positive about the police activities and the assistance they've been getting so it was not all a you know a gripe session. There were plenty positives and some several good issues and I also wanted to comment we had a letter about that event and I thought Steve wrote a very good answer, I just wanted you to understand I thought your response to that letter concern the chief leaving because that was the front end, he was expected to present and then take a few questions and leave so the questions could go to the board which they did and I think it was served it's purpose. O'Donnell/Very appropriate. Norton/And we need to clarify that. And I also took the opportunity which I'm sure most of you have done of riding with the police Friday night and getting a good look at the zoo. And it's fairly fairly sad but I do think that Officer Kivi who I was riding with was really excellent and the way they worked together it's very This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 56 very impressive and you sit there trying to think what could be done to make life simpler and easier down there but boy it is not easy to see what could be done I'll tell you, it's tough. But it's a thing people ought to be aware of not really, I noticed somebody spoke earlier this evening about the police academy as a chance to do that but their terrific. One last comment I had a letter, I don't know that I got it circulated, I sent it to Dale from a young man concerned about some ADA issues. Her father is confined to a wheel chair and had come to town and they were running this winter sometime so she listed some concerns and I wrote back to her because I thought we were doing quite a bit in you know the SEATS service, and the lifts on the buses and the curb cuts and so on and on. But she still had a number of concerns, I sent copies of it to Dale because some of her concems had to do with public accommodation, that is businesses, you know that restaurants don't have much space once you get inside, and things like we can't do anything about. Lehman/Right. Norton/But I do think the committee on Disability Rights and Education was the fight agency, has been working on that very issue, then I pick up their minutes and find they can hardly get a quorum together and I'm beginning to wonder whether we need to rethink exactly how that group is organized to maybe continue their efforts, cause it's seems to me their needed. Dale Helling/We had a meeting today and there were about 10 or 12 people there. Norton/Oh good. Helling/So had a pretty good turnout, and talking about what the future might be. There's a lot of discussion, went on for about an hour and a half and we all kind of agreed to think about it and come back for the next meeting in July and make a decision. Whether, I think there was pretty much a consensus whether or not that group continues or whether it would merge with another. Norton/OK. Helling/Group in the community, we still want to pursue the things that CDRE stands for so hopefully one way or another we will be able to continue to address those issues. Norton/Good. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 57 Kubby/You know the one way we could enforce the ADA is if we had a local version of the ADA then enforcement could be local and wouldn't have to go to the Department of Justice. Norton/Well I think she did finally distinguish that the city was doing quite a bit but the rest of the community has some other things. She mentioned a thing that was kind of interesting, angled sidewalks, you know many of our slabs or sidewalks are at an angle you know is that for decorative purposes I guess aren't they many of them have. You know the cement isn't linear it's at a. Atkins/Not a slope, but an actual angle. Norton/At an angle to the traffic line fight and it makes it harder to move a wheel chair. Kind of little things that you don't think of. Atkins/You wouldn't think about. Norton/But anyway it was very interesting and I'm sure Dale's and his group are in touch with her so that' s all Ernie. Lehman/I've got two things. We talked last night about having a special meeting to look at I think goals and probably some of our CIP issues and last night I think we suggested that meeting be on the 12th at 8:00 in the morning. I think we were going to confirm that would be possible or not possible tonight. Is that date OK? Norton/That' s a Wednesday, I know it's hard for Steve. Cause Steve has such a big Wednesday but he said he could handle it. Lehman/Well we'll be expeditious as we can. Champion/We'll have a small agenda for the next meeting. Lehman/I doubt it. Atkins/I doubt it. Thornberry/It doesn't matter (can't hear). Atkins/Can I take a moment?. Lehman/Yes. Atkins/I wanted to ask you about that. I'm heating a couple things. Tomorrow morning we're going to be going over finances, particularly with the library, senior center This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 58 and I have a 15 minute presentation for you that would help facilitate a discussion to reach some decisions. On the 12th do want a goal session, do you want to review capital projects? I think what might come out of tomorrow is going to have some bearing what's going to happen on the 12th and just a matter of what you want me to prepare for. Kubby/Maybe we could decide near like make sure we save the last 15 minutes of tomorrow. Atkins/I'd love. Kubby/To decide, because it depends on what we. Atkins/That' s a good idea, I just need a clue on what to get prepared, who to have here and that sort of business and so. Lehman/I think that's correct and I probably tomorrow moming's a more appropriate time but I really think tomorrow we need to concentrate on 8-10 issues rather than the capital improvement issues and save those for later time. Norton/OK, but that's all, all I, when I suggested last night that we set up a time, I spoke about goal setting, I don't want to you know spin our wheels on fancy goal work when we've got real work to do you know what I mean. Lehman/Well (can't hear). Norton/And I want to review what we're doing in the light of the goals that we have established in the past and maybe some of those need to be modified but so there's some goal work involved even if you review the capital improvement program. Atkins/Well. Lehman/Well we'll talk about that tomorrow towards the end of the meeting. Atkins/And I'm concerned you have real work to do. I think that tomorrow' s going to shake out some issues for you that your going to send us back to have to prepare some things for you and I just want to make sure that we do what you want down on the 12th so I think it's a good idea, wait till the end of the meeting, wrap it up, make sure where you want to go next. Lehman/I've got one other. I'm sorry. Kubby/We could clear about tomorrow morning if we talk about library funding. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 59 Atkins/Yes. Kubby/Issues, that's not just operations 8-10 issues, but it's also capitol issues. Atkins/Yes. Kubby/As well, so we might spill over. Lehman/(can't hear). Atkins/OK. Norton/But we have a back-up for tomorrow that' s what we do have. Lehman/Now I have one other thing that I think we should think about putting on our work session at some point. Last night we decided by a 4-3 vote not to do traffic calming in Goosetown. I really think that we really need to make ourselves a little more clear to the neighborhoods what we will and will not do. I mean I believe we are making a mistake in telling a neighborhood that we will abide their wishes in any case because I'm not sure that will always be the fight thing. Norton/No, right. Lehman/But I think at this point we have given the impression that if they go through the process that we will do what they ask us to do and I'm not sure that's a good thing and I think we need to be more up front and more fair with the neighbors. It's just something to put on a work session that this process business, just because a group of folks decide they want no parking or a street closed or whatever, that that isn't necessarily going to happen but the council still will have to make a decision based on what they consider to be the merit. Norton/I certainly agree, it's not the weight of the mail its. Lehman/Right, let's just make a point to look at that in the future. Thornberry/But you got to consider. Norton/You got to consider but you consider other things. Thornberry/You got to consider what the neighborhood wants but you've got to consider the overall city. Lehman/That' s the point of discussion that we need. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 60 Thornberry/But then when they do take a vote in the neighborhood we're going to have to decide whether it's 50 percent 60 percent whatever. Lehman/Or maybe, well that's the idea of the discussion. (All talking). Norton/OK. Let's do it then. Lehman/Or maybe percentages isn't going to steer into it. Thornberry/Yea. Right. Yea. Lehman/If90 percent of people on Dodge Street want to close it are you going to close it? Probably not. OK, those are the discussions. Norton/You could probably get 90 percent to do it. Lehman/Do we have a motion to adjourn? I'm sorry. Thomberry/You could on Summit Street matter of fact tight? Champion/Right. Atkins/Can I take a moment?. Lehman/Yes. Atkins/I wanted to ask you about that. I'm heating a couple things. Tomorrow moming we're going to be going over finances, particularly with the library, senior center and I have a 15 minute presentation for you that would help facilitate a discussion to reach some decisions. On the 12th do want a goal session, do you want to review capital projects? I think what might come out of tomorrow is going to have some beating what's going to happen on the 12th and just a matter of what you want me to prepare for. Kubby/Maybe we could decide near like make sure we save the last 15 minutes of tomorrow. Atkins/I'd love. Kubby/To decide, because it depends on what we. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 61 Atkins/That' s a good idea, I just need a clue on what to get prepared, who to have here and that sort of business and so. Lehman/I think that' s correct and I probably tomorrow moming's a more appropriate time but I really think tomorrow we need to concentrate on 8 - 10 issues rather than the capital improvement issues and save those for later time. Norton/OK, but that' s all, all I, when I suggested last night that we set up a time, I spoke about goal setting, I don't want to you know spin our wheels on fancy goal work when we've got real work to do you know what I mean. Lehman/Well (can't hear). Norton/And I want to review what we're doing in the light of the goals that we have established in the past and maybe some of those need to be modified but so there' s some goal work involved even if you review the capital improvement program. Atkins/Well. Lehman/Well we'll talk about that tomorrow towards the end of the meeting. Atkins/And I'm concerned you have real work to do. I think that tomorrow' s going to shake out some issues for you that your going to send us back to have to prepare some things for you and I just want to make sure that we do what you want down on the 12th so I think it's a good idea, wait till the end of the meeting, wrap it up, make sure where you want to go next. Lehman/I've got one other. I'm sorry. Kubby/We could clear about tomorrow morning if we talk about library funding. Atkins/Yes. Kubby/Issues, that's not just operations 8-10 issues, but it's also capitol issues. Atkins/Yes. Kubby/As well, so we might spill over. Lehman/(can't hear). Atkins/OK. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 62 Norton/But we have a back-up for tomorrow that's what we do have. Lehman/Now I have one other thing that I think we should think about putting on our work session at some point. Last night we decided by a 4-3 vote not to do traffic calming in Goosetown. I really think that we really need to make ourselves a little more clear to the neighborhoods what we will and will not do. I mean I believe we are making a mistake in telling a neighborhood that we will abide their wishes in any case because I'm not sure that will always be the right thing. Norton/No, right. Lehman/But I think at this point we have given the impression that if they go through the process that we will do what they ask us to do and I'm not sure that's a good thing and I think we need to be more up front and more fair with the neighbors. It's just something to put on a work session that this process business, just because a group of folks decide they want no parking or a street closed or whatever, that that isn't necessarily going to happen but the council still will have to make a decision based on what they consider to be the merit. Norton/I certainly agree, it's not the weight of the mail its. Lehman/Right, let' s just make a point to look at that in the future. Thornberry/But you got to consider. Norton/You got to consider but you consider other things. Thornberry/You got to consider what the neighborhood wants but you've got to consider the overall city. Lehman/That' s the point of discussion that we need. Thornberry/But then when they do take a vote in the neighborhood we're going to have to decide whether it's 50 percent 60 percent whatever. Lehman/Or maybe, well that's the idea of the discussion. (All talking). Norton/OK. Let's do it then. Lehman/Or maybe percentages isn't going to steer into it. Thornberry/Yea. Right. Yea. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #28 Page 63 Lehman/If90 percent of people on Dodge Street want to close it are you going to close it? Probably not. OK, those are the discussions. Norton/You could probably get 90 percent to do it. Lehman/Do we have a motion to adjoum? I'm sorry. Thornberry/You could on Summit Street matter of fact fight? Champion/Right. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #29b Page 64 ITEM NO. 29b. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY Lehman/Steve did you have anything else? Atkins/No sure. Lehman/Eleanor. O'Donnell/(can't hear). Dilkes/Just briefly as most of you probably know the legislature has sent to the governor a legislation making extensive amendments to the condemnation statue. The substitutive issues about condemnation about agricultural land have gotten the most press but the procedural changes are very significant and will cause in my view substantial delay probably to our projects that are requiring condemnation so you may want to get in touch with the governor and let him know your views on that. Lehman/Steve, we also sent a letter to the governor encouraging him not to sign a measure that was going to change the way which condominium's are taxed and encouraging him to accept the recommendation of the rules committee which in fact would continue to tax condominium properties as commercial properties if they in fact were so. Anything Steve. Kubby/Well they did pass that change with your five years. Atkins/Phase out phase in whatever you want to call it. Lehman/But they grandfathered everything in my understanding is. Kubby/I don't think so, we should clarify that. Lehman/Oh, I'd love to. Champion/Listen to Karen maybe she has the scoop. Kubby/Well no I thought the I was told by a reliable source. Lehman/Yes, would you have that reliable source call me. Kubby/Sure. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999. #29b Page 65 Lehman/I'd love to talk with him, cause that's exactly what I want to see. Kubby/Maybe I'll have him write the council a letter to explain what happened then we'll have news. So thank you for that (can't hear). Lehman/Good. Atkins/The same reliable source told me the same thing that they were going to phase it out now. Lehman/That's what we asked them to do when we were there. Dilkes/That's what I was told at the government practice seminar on Friday. Lehman/OK. Well in any event. Do we have a motion to adjourn. Thomberry/So moved. Norton/Second. Lehman/Moved by Thomberry, seconded by Norton. Adjoumed. (99-53 Side 1) This represents only a reasonably accurate transcription of the Iowa City council meeting of May 4, 1999.