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HomeMy WebLinkAbout2000-05-02 Transcription#2 Page 1 ITEM NO 2. MAYOR'S PROCLAMATIONS d.) Historic Preservation Week- May 14-20. Lehman: Now therefore, I, Emest W. Lehman, Mayor of the City of Iowa City, do hereby proclaim May 14 through the 20, 2000, to be Historic Preservation Week in Iowa City and call upon the people of Iowa City to recognize and participate in this special observance. Karr: Here to accept is Historic Preservation Commission member, Michaelanne Wildness. Wildness: Do you want me to sign in? On behalf of the Iowa City Historic Preservation Commission, I am very pleased to accept this proclamation. The theme of this year' s national Historic Preservation week is "Taking America's Past Into the Future". There are lots of people in Iowa City who try to do this every year- the residents of Bowery, Lucas and Governor Street come immediately to mind. But of course, there are many others. And we are going to recognize some of them at the annual Historic Preservation Recognition ceremony which will take place a week from Wednesday. This is the 17% Co-sponsored by the Iowa City Historic Preservation Commission, the Friends of Historic Preservation, the Johnson County Historic Preservation Commission, and the Johnson County Historical Society. This ceremony will take place in the Johnson County Courthouse, third floor. In itself, a wonderful building- going to celebrate its hundredth birthday next year. It will be at 5:00. John Shaw will be the presenter. We are encouraging everyone in the community to come and witness what is being done in the name of preservation. Awards will be given in painting and exterior finishes, rehabilitation, and additions and new construction. And in addition, we will be presenting the Margaret Nowysz Historic Preservation Person of the Year Award. You will not want to miss that, I can assure you. So, we hope you will attend on the 17th, 5:30- oh, there will be refreshments at 5:00. So, be there or be square. Thank you. a.) AIDS/Day of Remembrance- May 7. Lehman: Now therefore I, Ernest W. Lehman, Mayor of the City of Iowa City, Iowa, do hereby proclaim May 7, 2000 to be a day of remembrance for those who have been lost to AIDS and urge all citizens to join together and to take part in activities and observances honoring those lost to the AIDS epidemic and to renew their commitment to fight against AIDS. Karr: Here to accept is Joe Wilson, Beth Bennett and Linda Farrell. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #2 Page 2 Wilson: Thank you Mayor Lehman, and thank you to all of you on the city council for showing this proclamation. All three of us are volunteers at ICARE, the Iowa Center for AIDS Resources and Education, that is putting on this event. I myself am a person living with HIV. So we very much appreciate you recognizing what is an important annual event. I would like to invite all of you as well as everyone here in the Council Chambers and everybody watching at home to attend the 17th annual AIDS Candlelight Memorial and Mobilization. Which, as noted already, is this Sunday May 7. The observance begins at 6:30 PM. All are welcome. It is free and it is at the University of Iowa Pentacrest in front of the Old Capitol. And the program will go on for some time and then there will be a candlelight procession down to the bridge between the IMU and the Art Building. So, again, we hope you can all make it and thank you very much. Lehman: Thank you. b.) Equal Pay Day- May 11. Lehman: Now therefore I, Emest W. Lehman, Mayor of the City of Iowa City, Iowa, do hereby proclaim May 11, 2000 to be equal pay day in Iowa City and urge government officials, business and industry leaders, law enforcement agencies, and citizens of our community to be cognizant of the full value ofwomen's skills and significant contributions to the labor force. Karr: Here to accept is Mildred Lavin. Lavin: I represent an old BPW member. I was president some years ago and I am here to introduce the current local president of Business and Professional Women organization, headquartered in Washington DC, of course. And this is Sandy Cunning. She is our present president. Cunning: Thank you Mildred. First of all, I would like to thank Mildred and the many women before her for her long standing support ofwomen's issues. I'd also like to thank the Mayor and City of Iowa City and especially councilman Irvin Pfab for recognizing BPW's efforts to promote fairness in the workplace. In our 80th year of existence, BPW Iowa still has work to do. In 1999, on a national level, BPW adopted the resolution to support the introduction of the Fair Pay Act into the United States Congress as introduced by Senator Tom Harkin and Representative Eleanor Holmes. Once again, I would like to thank you for taking the time to recognize this important issue. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #2 Page 3 f. Bicycle Month- May. Lehman: Now therefore I, Ernest W. Lehman, Mayor of the City of Iowa City, Iowa, do hereby proclaim the month of May 2000 to be Bicycle Month in Iowa City and urge all citizens to ride their bicycles to work, to the store, to the park, around their neighborhoods and with friends and family. Karr: Here to accept is Steve Poggenpohl, current president of Bicyclists of Iowa City. Poggenpohl: I wish to thank all the city council members for their work in the past couple of years, especially increasing the parking space for bicyclists downtown Iowa City with the new bike racks. And especially with the new oval shaped attachments on the parking meters, which has added to the numbers of parking available spaces for bicyclists so they can come downtown and park their bikes there. Also for the safety measures you are taking as for example, using Share the Road signs along the streets on some of the major arteries in Iowa City to make motorists and bicyclists aware that they are supposed to share the road equally for safety purposes. Another example of safety Iowa City is promoting- I know as an example a stop light on Gilbert and Kirkwood where you have that green arrow that permits you to make the left hand turn and you can turn and the oncoming cars have to hold back until you complete the turn while the green arrow is lit. That is extremely safe for bicyclists and motorists. I like that setup and the streetlights like that. It is very safe. So, you are doing an excellent job here in Iowa City for bicyclists and making it safe for bicyclists as well as for motorists. And I hope you continue the good work. And perhaps one day, Iowa City may be willing to have RAGBRAI overnight. This is an excellent way of promoting the uniqueness of Iowa City as a tourist attraction, as a retail attraction- because there are around 16,000 bicyclists on this ride and 41% of them are out of state and foreign nationals. I can not think of a cheaper way of advertising a community and its uniqueness to people outside of the state as well as foreign nations. For example, in our club we are going to have two foreign nationals coming with us on RAGBRAI- one from India and one from Japan. But, I get a lot of positive comments from other bicyclists when they have a good experience on an overnight town and they do return to this overnight town as a vacation spot. So, it is an excellent way to advertise Iowa City. It also is a great financial benefit for the overnight town. When you have 16,000 bicyclists and the minimal amount of money they would spend would be $12, that would run up somewhere around approximately- calculate in my mind- $192,000 to $200,000. And personally, I spend a lot more than just $12 on an overnight town. So it is quite the financial benefit. Coralville right now is actively trying to get RAGBRAI next year as an overnight town in Coralville. So, hopefully, sometime in the future This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #2 Page 4 Iowa City may be able to lasso RAGBRAI here in Iowa City. (can't hear) my little speech here. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #3 Page 5 ITEM NO. 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. Lehman: Moved by Champion. Vanderhoef: Second. Lehman: Seconded by Vanderhoef. Discussion? Vanderhoef: Mr. Mayor, I move that we remove Item 3 (f) 18d which has to do with the elimination of the no parking 6 AM to 10 AM restriction at the Capitol Street ramp. I would like to send that back for a little more review and discussion. Lehman: For our discussion and review? Vanderhoef: Uh-huh. Lehman: Is there a second? Champion: I will second it. Lehman: Moved by Vanderhoef, seconded by Champion to delete Item 18d. Discussion? Champion: I think it would be- I would like to talk to some of the mall business people and I haven't had a chance to do that. If we could just postpone it until the next meeting even and then make a decision. Lehman: My understanding, and Steve correct me if this is not correct, but my understanding is that the request to eliminate the parking restriction has come from the Downtown Association and the Old Capitol Merchants. Now, they were the same group that asked us to put that restriction on some four or five years ago. Is that correct? Atkins: The Downtown Association, yes, Old Capitol Merchants if that is represented by the Old Capitol Management then the answer is yes to that also. They did request it originally and they are requesting that it be removed. Lehman: Well, I don't have any problem with it, but, other discussion? Pfab: My question is if it isn't broke do we need to fix it? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #3 Page 6 Lehman: Well I think a lot of people would say it is broke. Other discussion? All in favor of the amendment say aye. All except Lehman: Aye. Lehman: Opposed? Aye. Motion carries 6-1, Lehman voting no. Atkins: Do I understand then that you want that placed on an upcoming work session? Lehman: Apparently that is correct. Other discussion of the consent calendar as amended? Kanner: Yeah, Ernie, I would just like Steven to comment on a resolution setting a public hearing for May 16th on amending the fiscal year 2000 budget-just mention a few things that will be on there and how people can comment on that. Atkins: Under the state law we are required, obviously, to keep our books and keep our books in proper order. And one of the requirements is that we have to annually amend the budget. As you know, when you adopt a budget you adopt an estimate. During the course of the fiscal year projects are bid and you get exact numbers for a project. During the course of the year we will have labor negotiations, turnover in employees- all of those factors must be considered in the budget balancing process. This amendment in effect represents to date all of those changes. You will receive a document that will be available to the public which is probably in the neighborhood of Y4 to an inch thick that has, some of you are familiar with it, that has a detailed line by line accounting of what was budgeted, what was amended, and usually a brief narrative that explains why it was amended. Lehman: How often do we do this? Atkins: Once a year. Lehman: Once? Okay. Kanner: Thank you. Lehman: Other discussion? Kanner: I don't know if I want to offer this as an amendment, but we were talking about the on-street parking permitted on the North side of Dodge Street and Court. It was recommended by the acting traffic engineer. We heard This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #3 Page 7 that the vote was 5-3 but that there were other folks that were a little farther away that were upset with the new proposed resolution and I am just wondering if anyone else has that concern and if maybe we should withdraw it and consider it separately? Lehman: Has anyone on the council heard from the neighbors or anybody objecting to this? Champion: I just heard one. Lehman: Pardon? Champion: I just heard from one person. O'Donnell: I have not heard a thing. Vanderhoef: I haven't either. Champion: And they were both- she said there were 3 people who weren't notified about the change but they actually did not live within the change area so I don't have any qualms with keeping it in the consent items. Lehman: Okay. Other discussion? You have got to stand at the microphone, sign in and give us your name please. There is a pad here to sign with your name and address. Judy Nichols: Yeah, my name is Judy Nichols and I live on Dodge Street Court and I am here with another neighbor and we are representing several people who live on that street. We have a few concerns- well, as already mentioned, there was an email sent to Connie Champion and it was signed or came from three separate residences of people on that street. And we have some concerns that some people should have been contacted and received the opportunity to vote and they were not. Especially one of those residences actually is more- it really is on the north side of Dodge Street Court which is where you are recommending that people have the opportunity to park. Secondly, we received letters saying that the vote was 4-3- four in favor of the parking and three against. And yet, since then, now we have heard verbal- what is the word I am looking for?- reports that the vote was 5-3. Well, so we are a little concerned about that. I mean, how was this vote taken and which is it? 4-3 or 5-3? Was there some type of mistake made during the voting process? In addition to take the older residents of that area and Pat my neighbor can speak more to that than I can, were promised when those homes were built there that there wouldn't be parking allowed. That street is too narrow. And we do have a handicapped person and that makes it very difficult for her and it is very dangerous for her and there is children and the street just isn't wide This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #3 Page 8 enough so that, you know, we feel that you can park safely. So, I guess our main concerns are about how this vote was taken- exactly what the vote was and the fact that there was a verbal promise made by the City Council I believe- like I said Pat can address that more specifically. But- so that is why we are here tonight, to just- Lehman: The survey is routinely done by postcard ifI am not mistaken. We send postcards to the residents along the street, they return the postcards, and with 9 people who responded it probably wouldn't be very hard to count them. So I suspect that we got- last night it was- Atkins: I think Jeff reported that there was a five to three. Now, one of the- a card could have come in later on. It could have been more current information. Lehman: That is right- that is eight. Atkins: Yeah, there was eight- Lehman: But that is how the survey was done. Nichols: Was it one vote per residence? Lehman: Yes. Nichols: Okay, well I received two cards and so I thought that- Lehman: Both addressed to you? Nichols: Pardon me? Lehman: Both addressed to you? Nichols: Yes, so I thought that was a little strange. I only sent one in but I thought, well, if you are sending more than one card to different residences maybe some people are double voting. I don't know, but that was another issue. And the fact that we received written notice saying that it was 4-3 and then I guess now you know you decided to allow a late voter- I guess is that the story why it is now 5-3? Atkins: Ma'am, I think- yeah I would like to point out- it is a very- as council knows, it is a very informal process. And as we report to you we do our best to send the postcard surveys out. If there was a double count that was a mistake. That should not have happened. We have been doing it this way for many years. We very much defer to the neighborhood to make those decisions on that type of parking. It is investigated by police and fire- that was reported to you last evening. It is really very much up to This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #3 Page 9 you and as you said, the staff didn't express an opinion one way or other on it. Champion: Well, is it possible maybe if we could postpone this again until the next meeting and you could check with the neighbors who voted yes and see if they really object to a no vote. I mean, that is possible a neighborhood- they might have voted yes because they don't mind the parking but they might have- but they may not even care if there is parking either. You know, it is- you know what I am saying? Nichols: No. Champion: I didn't make myself clear? Nichols: (can't hear) Wilburn: Was this the item that Jeff said council had actually taken previous action on this? Lehman: No. Champion: No. Vanderhoef: It had been talked about a number of years ago and it had to do, as I recall, something to do with the SEATS van that went to that handicapped- down at the end and (can' hear) but Jeff assured us last night that it was okay and that it wasn't a problem. Lehman: Well, are we interested in deferring this for two weeks? Pfab: I would second it if there was a motion (can't hear). Champion: (can't hear) Kanner: Yeah, I would like to make a motion to defer 3 (f) 18a to our next council meeting. Lehman: Is there a second? Pfab: I would second it. Lehman: Moved by Kanner, seconded by Pfab to delete (f) 18a or defer it to the next meeting. All- I am sorry- O'Donnell: Are we going to re-send postcards? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #3 Page 10 Atkins: I will do whatever you like. (can't hear) put another mailer out- that is fine. We traditionally only mail to the people that are directly affected. Lehman: Which I think we probably have to do that because that because there is no place to stop if you don't. O'Donnell: If we have a total of nine people it should be fairly easy for them to- Lehman: Figure that one out. Arkins: We can send out nine postcards very promptly for you. We can do that fight away. O'Donnell: But we have been told that, in reference to the width of the street, we have been told that a full fire truck can get down in- and it is very accessible. But I am interested in another survey. Champion: Right. The fire truck can get down, the ambulance can get down, the police said it wasn't a problem. So- Nichols: I know they did but that- it is going to be a game of dodging cars. That isn't really wide enough. And anyway, when you say just those people there are affected- we are all affected because there is only one way out! Lehman: We are going to defer this for two weeks and in the meantime we will be visiting with the neighbors again. So it will come up on the 16tn. Nichols: Oh, okay. Lehman: It won't be acted on tonight. Nichols: Thank you. Karr: Excuse me- O'Donnell: And you should only get one postcard. Kanner: And- Edberg: Will we get one then? Were we on it? Lehman: Only the people living on the street will get the postcards. Nichols: But I am on that street. I just am 90 degrees away. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #3 Page Lehman: We will look at it but I think that there has to be some rule of where you send the cards and where you don't. And traditionally, we can send the cards to the people who live on the affected street and those folks whose property abuts the street. Edberg: I am sorry, I don't mean to be argumentative but we are on the affected street. We don't- we are not abutting it but that is our only way out. Lehman: That is true for other people too. Kanner: What I would suggest is- and I think this is sort of what I heard Connie saying perhaps- is that even though we are only going to be sending postcards to these nine people you can survey the rest of the people and present that to council and hopefully we will take that into consideration. But I agree with Ernie, sometimes you have to just set a limit of where you send postcards. But we will still hear your testimony at our next meeting and you can bring in documentation about how other people want to keep it a certain way. I think that would be useful. Karr: Ma'am could I have your name and address for the record? Edberg: Yeah, I am Pat- I am so sorry- I am Pat Edberg and I am at 1380 Noah Dodge Court. Karr: Thank you. Lehman: All in favor of the amendment? All: Aye. Lehman: Opposed? Amendment carries. Any other discussion on the consent calendar as amended twice? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #4 Page 12 ITEM NO. 4. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [8 PM] Lehman: Item 4 is reserved for public discussion. This is a time when the council will take input from the public on any item that does not appear on the agenda. We ask that anyone who addresses council sign in with their name and address and limit their comments to five minutes or less and we will continue this until the public is through or until 8 o'clock when we will start the regular agenda. Gary Sanders: Hi, my name is Gary Sanders. I know you have got a busy calendar tonight so I will try to be brief. One of the things that you just voted to accept were all of the letters that you received and I passed them out to the media. One letter in particular from Mr. Jim Bell the owner of the Deadwood and I would like to quote from the very briefly. It is in all of your packets. It says "As I am sure you are all aware after 7 o'clock PM, we at the Deadwood are extremely strict that no one on the premises is under 21 years old. Moreover, my employees are strict as to checking the legal age of anyone day or night requesting alcohol." Skipping down, "It has come to my attention that the bar owners who seem to do much of the talking and defending of the present situation are 95% of the problem. Those of us who are not the cause of underage drunkenness are reluctant to vocalize our opinions against these extremely vocal gentlemen. Something must be done. There are many problems with underage drinking that neither the bar owners, the public, nor the council have addressed. Iowa City has legal exposure in two areas which to me are of utmost importance. Some bar owners have openly forbidden their employees from calling the police at appropriate times. Their employees have even been harshly criticized for dialing 911 when a drunk pulls a weapon and scares over a hundred people. The employees are instructed to handle the situation internally. This is done because the bar is full of intoxicated minors and a call to the police could and in fact would cause a number of arrests of their important patrons. Some would argue in court that the inaction of the City of Iowa City to curb this problem could be construed as negligence in contributing to a future injury. Additionally, the City of Iowa City could conceivably be held liable if a minor was openly served at a bar and proceeded to get into his car and god forbid kill or injure someone. Iowa City will be a very different town if minors are not allowed in bars late at night. A bar owner's opinion and what they are willing to say is largely determined by how many dollars are transferred from a minor's wallet into the till of a bar. I hope you take these points into consideration." And I would like to add just very briefly I would invite all of you to come downtown at 2 AM on Friday or Saturday night and see what is going on. Very frankly, I think that- and invite the media as well to be down there. I hope we don't have a minor who is killed or does killing and then their family sues this city because we are liable for not enforcing the law of this state. And I think that, you know, 8 out of This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #4 Page 13 the other Big 10 schools have banned this underage participation in the bars and it is about time that we did something. I think we have been extraordinarily lucky so far. But I also think that we- the incident of this past weekend- if this does not serve as a wakeup call to this council that we have to raise this age limit and very quickly by the end of this summer. I am not exactly sure what it is going to take. We had minors in a bar. We had one of them being injured outside by a knife. And I think that the future, my friends, is not very promising. I think that we are looking at the possibility of a major, major incident. And I hope this council by the end of the summer takes action on this. Thank you. And I want to thank Mr. Jim Bell of the Deadwood. And again, I encourage everyone- especially the media- to print this letter. This is public record. He sent it to the council. It is in your packets. And again, congratulate him for stepping forward. Thank you. Chuck Finnegan: Good evening. I am Chuck Finnegan. I am with the L.L. Pelling Company here in Iowa City. We are local asphalt contractors and we have been around the city for quite a few years now. I am here to ask the council to help us pursue the use of alternate paving designs within the City. We feel that it will reap the benefits to the taxpayers. We have had two alternate designs in the City in the last 4 years and we strongly believe that more of this use of alternate bids will help save the taxpayers money and not jeopardize quality of the product. We have a very high quality product to put out there whether it be residential, arterial or any type of street that you want to do. 93% of the roads in the United States are asphalt and very few in the City. We don't have a project any in particular- we do feel that the landfill project that was let this last week was somewhat at- it was to our disadvantage. At one time on the first bid it was let as an asphalt pavement and that bid was rejected with the base bid. There was one bid. When that bid- when this came back up for bid we were surprised that this bid was no longer available to us because it was all Portland cement instead of asphalt. We were not really given an answer of why with the exception that it was the benefit of the City and to save them money. We know that this could not be the fact. The bids were not- they were let the first time under one large lump sum project. The second time they were let individually. We feel that if we were given a chance to bid an alternate paving design in this project that we could have saved the taxpayers 10-15% of their money on this project. Thank you. Lehman: Thank you. Steve, we don't have any engineers sitting here but if- Atkins: Rick is in here. Lehman: I would like Rick for you to- Atkins: You have a very good engineer sitting down here- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #4 Page 14 Lehman: I would absolutely agree. But if you could- I know you don't have a lot to do this time of year with no construction going on but if it would be possible for you to give council a memo. Fosse: Sure. Lehman: As to- obviously you have been doing this for some time. As to your criteria for setting specifications for Portland concrete or asphalt. We would be, I think, in a position to understand a little more. Fosse: Okay. Would you like some background on this specific project? Lehman: Yes, as long as you are up why don't you go ahead? Fosse: Sure. If you recall, we originally bid this as Chuck said as one project. The recycling center (can't hear). And our bid came in at about $700,000 and we didn't accept that bid because we weren't prepared to spend that much on the project. So we went back and sharpened our pencils looking for ways to save money. The first thing we did was to separate out the building from the site work. With regard to the building, about all we did was adjust the elevation to make some of the accessibility issues easier for the contractor to deal with. If you recall, we had already made significant cuts in the building before the bid. Now with regard to the site work, the first thing we did was look at what paving can we do without out there? And we took some areas that were chip seal and asphalt and we scaled back those areas. Next, we contacted the contractors and paving associations and asked how can we make this project attractive to the bidders. How can we get our best prices? And the most common feedback that we got was bid it all as one product. So given that advice, what we did was we looked at what product is appropriate out there if we are going to bid it all as one. The original bid as he said had a mix of concrete and asphalt products in it. Because of the tremendous loads approaching that scale of all the- full garbage trucks especially on rainy days there are some of the heaviest axle loads on the road and the constant stopping and starting, concrete is our best option out there. I am very comfortable with that. We went with that decision and that is how it was bid. You have in front of you for your consideration tonight three bids that we received on that project. We think they are good bids, they are competitive. And overall, we were successful and we saved about $133,000 on the total project by those changes that we made by splitting them up, making some changes, and bidding them separately. Kanner: So, it comes down to you feel the asphalt- even this alternative type of asphalt Chuck was mentioning- would not stand up to the kind of wear and tear that takes place there? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #4 Page 15 Fosse: Right. Our experience around town- especially at bus stops, that is where we had the most regular stopping of heavy vehicles- is sometimes the asphalt product doesn't stand up and we- if you around town and look you will see that in some areas we have taken the asphalt out at the bus stops and replaced it with concrete. Because the loading that you get when you are stopping those large vehicles is very different than the loading you get where you are just rolling over it. and so, based on our experience that we have in Iowa City, concrete is the best product to use in that application. Pfab: Can I ask a question? Lehman: Sure. Pfab: Okay, but the first time you bid it you did allow (can' t hear) asphalt base and then you changed it. Is that correct? Champion: The combination. Fosse: Not in the vicinity of the scale. The area around the scale has always been concrete- whole depth concrete. In the original bid and the subsequent bid. Pfab: Okay, I had one other question. What is the- would the other speaker- would he like to make a statement after what was (can't hear). Lehman: No, I don't think we need to get into a public discussion of the bid. I think that the important point here is that the first bid included some concrete and some asphalt and the second bid you removed a fair amount of paving- chip seal and asphalt. And because of the size of the project felt that it would be better to do it with only one material. And because of the weight and of the use the abuse the material is going to take in your best judgement concrete was the best and that one material would be better than trying to bid two. Fosse: Yes. Lehman: And we are- and we are going to get a memo from you regarding- Atkins: Excuse me Ernie. Lehman: -regarding your- how you determined the specifications. It doesn't have- make it simple. Fosse: Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #4 Page 16 Champion: Very simple. Atkins: And before you leave Rick- I think this is a broader issue than just one project. If there is an interest in alternate paving designs and there's obviously a cost of comparing for alternate paving designs. I did speak with Rick about this issue and asked him to consider that in future bids so that we can- I mean, it is to our advantage to encourage as many bidders as we possibly can. And I would like to ask Rick to kind of comment on that in the preparation of that memo also because I think it is a bigger issue then just today. (Can't hear). Champion: Oh, yeah. Sure. Fosse: As he said, in recent years we have been opening things up that- Willowcreek Paving job and Crossroad Paving jobs were both bid with alternates of asphalt and concrete. Lehman: Okay. Thank you Rick. Karr: Mr. Mayor, I am wondering if perhaps the correspondence that was distributed this evening as item number 8 would be more appropriately received at this time? Champion: Move adoption of whatever you call it- Lehman: Moved by Champion, seconded by O'Donnell, to receive correspondence. All in favor? Kanner: Who was it from then? Lehman: Irvin has got his name on it. Kanner: (can't hear) say officially who it is from because we still haven't heard officially who it is from. Lehman: I think you can only use the name that appears on it. Karr: It is from Council member Pfab. Letmaan: It has to be. Kanner: Pfab, okay. Lehman: All in favor? All: Aye. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #4 Page 17 Lehman: Opposed? Motion carries. Florence? Florence Boos: Good, thanks. I would like to speak on the need for an open deer commission. I know that you have discussed this matter earlier this week and I am glad that there have been some changes. So I want to read a modified version of an earlier letter that I sent to you because I wish to discuss the issue in general. We know that you will consider a proposed slate for the composition of the deer commission this week and that four new places have been proposed. We ask that you offer all of these four positions without restriction to residents of the city. Two of the currently proposed stipulations amount to a prescription of exclusion of residents of the city who wish to consider non lethal adaptations to the city's animal population. As you know, the four positions are currently reserved for a hunter, a master gardener, and two other Iowa City residents- as modified. The first two of these categories reflect a predisposition toward continuation of the City's sharp shooting policies. Hunter- it is unclear why the city should reserve one position specifically for hunters but none for people opposed to recreational killing of wild animals. Especially when one considers that animal fights activist, another category on the commission, includes people whose primary belief is for a more humane treatment of pets. There is a reason why hunting has become less popular in recent years. Very few city residents find the killing of inoffensive wild animals necessary, much less recreational. Since hunting isn't even committed in city limits there is also no genuine reason to privilege the views of those who do. If we have a hunter we should have a non-hunter. Then master gardener is another category. I confess I had never heard the category master gardener before but I realize that there are a few dozen of such people in Johnson County and I assume that this is a position that requires some professional affiliation or certificate- it doesn't just refer to people who garden. In our 27 years of living in Iowa City we have met two people whom we might describe as master gardeners. Why not consider a master wildlife owner instead? Or simply invite the membership of ordinary citizens who maintain gardens or enjoy the presence of deer? Another point seems to us to bear recapitulation. Councilors may well respond that the commission has slots for "a conservationist" and two animal fights activists. As we have already suggested, it would be more equitable to reserve such positions for wildlife rights activists and animal conservationists. And permit people who actually fit these categories to apply for the post. We keep coming back here but many other citizens quietly oppose the city's sharp shooting, as you well know. Two protests have been held, petitions collected, letters and editorials have appeared in local papers, and a good many opponents of your policy have called, sent unsolicited letters, and spoken to the council to advocate other methods. The proposed delimitation of categories on the commission suggests that these people's views and This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #4 Page 18 desires for representation will continue to be marginalized for the City Manager's office and the City Council. In summary, we appeal to you to open all of the four new positions to be filled in a genuine way and to permit a less biased and more democratic process to take its course. Thank you. Lehman: Thank you. Boos: I realize it is not on the agenda but I hope that some advertisement or modification to the deer commission's membership requirements will be issued so that we can have copies. Lehman: Well I am sure, as we do, you will get copies. Boos: Are you going to discuss the matter again? Atkins: You discussed it last night. Lehman: We discussed it last night and (can't hear). Atkins: (can't hear) in front of you tonight which names the two at large, the hunter and the master gardener positions. That is what you instructed us to do. Lehman: Right. Boos: Okay. Champion: And we did add to at large positions that anybody can apply for. You don't have to fit into a category. Boos: I do appreciate that. I also think it would be nice to let people know because of course there could be any discussion of the matter with council and people could write them letters. If I hadn't just seen a little article saying that there would be a commission and called and gotten the description I would never had known. It is not as though you could have read in the newspaper and- Lehman: Well, we just decided this last night about 9:00. And so it has just been written down. I mean, this is the first that we have even gotten of it. And it will be publicized obviously. We are also- by our discussion last night- next year there will probably be three at large positions. Kanner: What I am hearing is perhaps concern that public wasn't involved in the discussion last night that we have. But I would say that hopefully we will talk about whether or not this should continue to be an ad hoc committee This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #4 Page 19 or a full commission and at that time we will have full public input I assume. And also talk about whether or not silencers and shooting within 50 yards should be left up to the deer management committee or should be something that the council decides on. Lehman: Ultimately that will be decided by the council. Vanderhoef: They only recommend to us. Boos: Okay, thanks. Lehman: Thank you. Other public discussion? Item 5 for Planning and Zoning matters, a is consider a motion- Leslie Hall: I am so sorry. (Can't hear). My name is Leslie Hall, I am at 1813 Lower Muscatine in Iowa City. And I have just come up to support Florence and her request for at least two of the positions- the at large positions in terms of the deer commission- or reflect the alternative attitudes of those of us who would like to propose more humane methods of controlling the deer population. I am here in support of Florence particularly. Champion: Thank you. Hall: Thank you so much. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5d Page 20 ITEM NO 5d.) PUBLIC HEARING ON AN AMENDMENT TO ZONING CHAPTER 14-6D-5G1 REGARDING THE NONCONFORMING PROVISIONS IN THE NEIGHBORHOOD CONSERVATION RESIDENTIAL ZONE (RNC-12). Lehman: What this really does is removes the date of January 1, 1993 and makes the effective date the same as that of the rezoning. The public hearing is open. The public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5g Page 21 ITEM NO. 5g.) PUBLIC HEARING ON AN ORDINANCE VACATING THE NORTHERNMOST PORTION OF NORTH JAMIE LANE, LOCATED WEST OF SCOTT BOULEVARD. (VAC00-0003). Lehman: The public hearing is open. This is necessary- and actually the last three of these are all rather interconnected, all part of Village Green. Any discussion? The public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5h Page 22 ITEM NO. 5h.) AN UNDEVELOPED PORTION OF WOOLF AVENUE FROM MCLEAN STREET SOUTH FOR A DISTANCE OF 240 FEET. 1.) Public hearing. Lehman: This is a vacation, is it not? Karr: Yes. Lehman: Yeah, vacating an undeveloped portion of Woolf Avenue from McLean Street south for a distance of 240 feet. This is a continuation of a public hearing from April 18. The public hearing is open. Carolyn Sahs Corson: Hi, I am Carolyn Sahs Corson representing my mother, Alice Sahs, who is one of the adjacent property owners. As I am sure you know, all of the adjacent property owners have met with representatives of City Planning and Zoning and the City Attomey's office. And we have accepted the fact that the property will be vacated. We have met with all parties involved and we agreed how to divide it. Mrs. McGurk Eicher is still actively involved in protecting the project green growing area. And that seems to be agreeable to all. And we are awaiting word on the proposed cost of the property and how much property it involves, but we hope to have this before the next reading of the ordinance. So we wanted you to know that we have met and are all in agreement now. Champion: I think that is terrific that you all got together and solved the problem. Thank you. Lehman: And for your information, it was discussed last night we may look into the possibility of putting a restriction on the deed that that property cannot be built on. Champion: Part of it. Lehman: And that will be discussed with the folks who are interested in buying the property. Other discussion? Champion: Do we do first consideration on this? Lehman: The public hearing is closed. Now we need a motion for- 2.) Consider an ordinance (first consideration) (deferred April 18) Champion: Move first consideration. O'Donnell: Second. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5h Page23 Lehman: Moved by Champion, seconded by O'Donnell. Discussion? Pfab: Now, I have a question. The idea of putting a deed restriction on the land that is sold, where does that stand? Lehman: Well, like we said last night, that will be discussed when it comes to the disposition of the property. And we need to discuss that with the property owners. That is not relative- we are just talking about the vacation tonight. Pfab: Oh, okay. Lehman: When it comes time for the conveyance of the property, which will be the next step that will be discussed. Pfab: Okay. Lehman: Other discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5i Page 24 ITEM NO. 5i.) TITLE 14, CHAPTER 5, BUILDING AND HOUSING, ARTICLE H, SITE PLAN REVIEW, BY ADOPTING CENTRAL PLANNING DISTRICT MULTI-FAMILY RESIDENTIAL DESIGN STANDARDS AND RELATED AMENDMENTS TO TITLE 14, CHAPTER 6, ZONING, ARTICLE A, ZONING TITLE, PURPOSE AND SCOPE. 1.) Consider an ordinance amending 14-5H (First Consideration). Lehman: (can't hear) Dilkes: We are doing two different ordinances so you need to move adoption of the first one. Lehman: These are the individual ordinances and regulations- do we have a motion? O'Donnell: Move adoption. Champion: Second. Lehman: Moved by O'Donnell, seconded by Champion for the first which is 14-5H. Discussion? Roll call. Motion carries. 2.) Consider an ordinance amending 14-6A (First Consideration). Lehman: Do we have a motion for the second part? Vanderhoef: Move adoption. Champion: Move consideration. Pfab: Second. Lehman: Moved by Vanderhoef, seconded by Champion, for consideration of the ordinance which is 14-6A. This is also first consideration. Discussion? Champion: I would just like to say even though we are going through this very quickly that this is actually a very important ordinance that will help protect neighborhoods when there are empty lots or buildings are tom down and something new is built. So, even though we are kind of going through it very lightly I think it is a major step toward keeping Iowa City beautiful. Thank you. Vanderhoef: I agree with what you said there and I would also like to let the folks know that we had a committee that worked on this for about a year to come up with what was acceptable to all sorts of parts of our community. So, we This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5i Page 25 had contractors and we had staff and we had local property owners. So it had a thorough review from many segments of our community. Lehman: Those are good points because this really covers the construction of any new apartment buildings in the neighborhood surrounding downtown and requires that the design standards are in keeping with the character of the neighborhood. So, it is a reasonably significant ordinance. Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5k Page 26 ITEM NO. 5k.) CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) TO MEDIUM DENSITY SINGLE- FAMILY RESIDENTIAL (RS-8) FOR PROPERTY SOUTH OF BURLINGTON STREET ALONG THE 300-600 BLOCKS OF GOVERNOR STREET AND A PORTION OF THE 800-900 BLOCKS OF BOWERY STREET. (REZ00-0007) (FIRST CONSIDERATION). Champion: Move adoption. Vanderhoefi Second. Lehman: Moved by Champion, seconded by Vanderhoef. This rezoning was denied by Planning and Zoning Commission, I think, unanimously. Kanner: Yes. Lehman: Changed to a RS-8 zone. So, is there discussion on that by council? There is no discussion. Okay. Roll call. Motion is defeated. Champion: I would like to move that we change the zone to RNC-12. Is that all I have to say? Lehman: Same item with the zoning change to RNC-12. Motion by Champion. Wilbum: Second. Lehman: Seconded by Wilbum. Wilburn: Thank you sir. Lehman: Discussion? Wilbum: I think this will help. I think one of our City Planners Karin Franklin had mentioned kind of preserving the neighborhood as is and I think it is more reflective of what is actually in the neighborhood as opposed to the RS-8. So, I will support this. Pfab: I believe it is a neighborhood that is definitely worth trying to save and it is a good neighborhood organization there so I certainly support it whole- heartedly. Champion: It will be one of the best decisions we make this year. Lehman: We haven't voted yet guys. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5k Page 27 O'Donnell: That is the second time you have said that. Champion: I know. Wilburn: She likes that. Champion: I like neighborhoods. Lehman: Well, I suppose for those in the public that didn't watch last council's marathon public hearing on this- this is an effort by some folks in the neighborhood to change the zoning to, I think in their words, retain the single family character of that neighborhood. And this was recommended- the RNC-12 zone was recommended by Planning and Zoning on a 4-3 vote. And it is up to us right now. This does not require an extraordinary majority. A simple majority will pass this. Is there other comments from council? Steve? Kanner: I am going to vote for the down-zoning for this Governor Street and also for Lucas at the next one also because I think it is equally important that both of those become conservation districts. I just want to mention that I think (can't hear) to this issue- it is not directly relevant to why I am voting for the down-zoning but I think an important issue is working on affordable quality housing and I think that is a side we- that is an issue that we have to continue to look at. How can apartments be affordable housing? How can we make single family homes affordable housing? And hopefully we will continue to look into that. We are doing a lot that as a council and as a city now. And hopefully we will do more. And I want to agree with what Ross was saying and also quote from City Planner Rockwell who said that "the comprehensive plan calls for the city to strive to preserve the identity and character of the community and to encourage the diversity in the population and housing and in jobs." And that historic preservation surveys have shown that this area is deserving of conservation district designation and it is also recognized as a potential buffer between the spreading of new construction of large apartment complexes to the west and the established neighborhoods farther to the east. So I think it is keeping within our comprehensive plan to down-zone for both of these streets. Lehman: Other discussion? Roll call. Motion carries 7-0. Karr: Can we accept correspondence? Vanderhoef: So moved. O'Donnell: So moved. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5k Page 28 Lehman: Moved by Vanderhoef, seconded by O'Donnell to accept correspondence. All in favor? All: Aye. Lehman: Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #51 Page 29 ITEM NO. 51.) CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) TO NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC-12) FOR PROPERTY SOUTH OF BURLINGTON STREET ALONG THE 300-600 BLOCKS OF LUCAS AND A PROTION OF THE 700-800 BLOCKS OF BOWERY STREET. (REZ00-00011) (FIRST CONSIDERATION). Wilburn: Move first consideration. Lehman: Moved by Wilbum. Vanderhoef: Second. Lehman: Seconded by Vanderhoef. Discussion? Vanderhoef: This street was a lot harder for me to look at and try to decide where the balance was between property owner rights and the citizens of the city and this conservation area that is being proposed. As I looked at it and I reviewed the laws that said we have had this request from the neighborhood and that we put the moratorium on it by law for 60 days and that we cannot do anything in the way of another delay for another year. I was concerned with what might happen in that time and I wasn't real comfortable with how this was looking in that particular neighborhood. The city is embarking this week I think on a total review of our zoning laws and we have been waiting for this to happen and what I see as a possibility as we go through this to look at whether the underlying zoning for this area may need some tweaking. I don't know that it does but I suspect that we might do something like that and because we can't put a moratorium on it I am going to vote for the down-zoning but I also will be encouraging council to look at how this might be changed to make it more compatible for both property owners and the neighborhood. Champion: I think it is fitting that we are voting on this when we have a proclamation- proclamation- honoring the Historic Preservation commission and historic preservation. And one thing that I feel most strongly about in any decision I make as a city council person is the protection of neighborhoods and residential property in the central part of town. I realize that we have a lot of- a huge student population and I think we have to be careful that we don't allow huge younger student populations to control our inner city. And so I am definitely going to support it. Lehman: Other discussion? I just- I feel only- I feel compelled I think to at least state my reasons for my vote. There has been a lot of talk about the economic consequences of down zoning this neighborhood. There are those who have maintained that the down zoning will decrease the This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #51 Page 30 property value of those folks who would otherwise have the opportunity to make single family dwellings by combining with other lots into apartment buildings and thus the property would be worth more. I also believe that building large apartment buildings next door to single family dwellings incurs an economic hardship for the folks who live in those single-family dwellings. So the economic argument for me does not- doesn't quite fly. Now, this is much more difficult for me than Governor Street. 70% of this street is rental property. And I guess we need to look- or I needed to look at whether or not the use of the property should be the governing factor of the character of the neighborhood. Because, according to our staff all of the present legal uses will be allowed in an RBC-12 zone- in other words, all of the rooming houses and apartments and whatever that are currently legal would be allowed under an RNC-12 zone. And the fact that that neighborhood has the appearance of a single-family neighborhood- and I think in fact three of the council people walked that- I was one of them- walked that one Sunday and spent a fair amount of time looking at it. It definitely has a single-family character. The other thing that I felt was somewhat significant is the people who are buying the properties in this area told us two weeks ago tonight that they have been renovating those properties and restoring those properties which to me says that those properties are economically viable as either single-family dwellings or as duplexes or rooming houses. So I will support the down zoning. Other comments? O'Donnell: We have talked about the comprehensive plan, we have talked about the financial aspects of it. When I ran two years ago I talked about the integrity of the neighborhood and I am also- I believe very strongly in the integrity of neighborhoods and I also believe in property fights. Bottom line for this on me is we listened to three dozen or so people speak two weeks ago and what they were was neighbors and neighborhoods so I will be supporting the down zoning. Lehman: Further discussion? Roll call. Karr: Motion to accept correspondence? O'Donnell: So moved. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence. All in favor? All: Aye. Lehman: Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5n Page 31 ITEM NO. 5n.) CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM PLANNED HIGH DENSITY MULTI- FAMILY RESIDENTIAL (PRM) TO SENSITIVE AREAS OVERLAY (OSA-PRM) FOR .48 ACRES LOCATED AT THE NORTHWEST CORNER OF PRENTISS AND LINN STREETS. (REZ00-0004) (SECOND CONSIDERATION). Vanderhoef: Move second consideration. Lehman: Moved by Vanderhoef. Kanner: Where are you at here? Pfab: I think we kind of skipped around. Lehman: Item n. Vanderhoef: Oops, we missed m. Pfab: If we want to do it in order, but we don't have to. Lehman: No we don't. Pardon me. Karr: You can finish n. Kanner: Want to do n now? Lehman: Let's do n because I've got- Wilburn: (can't hear) Lehman: Alright, do we have a motion? Vanderhoef: Yes. Lehman: Moved by Vanderhoef and seconded by O'Donnell. Discussion? Roll call. Okay, back to item m. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5m Page 32 ITEM NO. 5m.) CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, TO ALLOW WIDE-BASE FREESTANDING SIGNS IN SOME COMMERCIAL ZONES UNDER CERTAIN CONDITIONS. (SECOND CONSIDERATION). Wilburn: Move second consideration. O'Donnell: Second. Lehman: Moved by Wilburn, seconded by O'Donnell. Discussion? Pfab: I will still vote no because I believe that it is just making- we were very uncomfortable when there was the Coralville Strip with all kinds of big signs out there. They finally left and it is a lot more desirable neighborhood. I think this is just a creeping way. Who is to say tomorrow or next week somebody won't come with another foot higher? That is my point. Lehman: You do know it applies only to broad-based signs? It does not apply to any others. Pfab: To me, the broad-based sign is a sign all the way up. Instead of a little sign on a pole you have a huge massive sign. Lehman: But the actual height appearance of a broad-based sign it less at the same height than a single poled sign. Because of the mass of the sign. Pfab: Say that again? Lehman: It doesn't look as tall even though it is. But that is okay. You are not going to support that? Pfab: I respectfully disagree with you. Lehman: I appreciate the respect. Other comments? Kanner: Just to say again, I would have supported this without the increase to 26 feet for the height allowed. I liked the old 25 feet limit. Lehman: Okay, other discussion? O'Donnell: I will support the 26. How many feet can you move this up the highway? 30 feet and the sign is 10 feet higher? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5m Page 33 Lehman: Yeah. They can put a legal sign that would be 10 feet higher by moving it 200 feet up the street. O'Donnell: Let's vote on this. Lehman: Okay, roll call. Motion carries 5-2, Kanner and Pfab voting no. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #5q Page 34 ITEM NO. 5q.) CONSIDER AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12), FOR .82 ACRES OF PROPERTY LOCATED ALONG THE WEST SIDE OF BENTON COURT, NORTH OF BENTON STREET (OAKNOLL). (REZ00- 0001) (PASS AND ADOPT). Lehman: Are we on item q? Champion: Did we ever do n? Lehman: Yes. Come on now! Pfab: Way, way long time ago. Lehman: We are on q and I can leave because I have a conflict of interest and I cannot be here for this discussion. O'Donnell: And I will call a recess immediately after. Champion: Move adoption. Pfab: Second. O'Donnell: Moved by Champion, seconded by Pfab. Discussion? Roll call. And we will be taking a ten-minute break. Champion: We do need a break. O'Donnell: Yes we do. We need to straighten Errtie out. Champion: All of us. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #6. Page 35 ITEM NO. 6. THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE CAPTAIN IRISH PARKWAY EXTENSION AND FIRST AVENUE EXTENSION WATER MAIN INSTALLATION. a.) Public hearing. Lehman: The public hearing is open. The first- unimproved portion of First Avenue grading has been removed from this. O'Donnell: The paving? Champion: No, the grading. Lehman: The grading and the water. Pfab: And the water? Lehman: The water portion- Rick, could you- Champion: Right, help us. Lehman: I believe I checked this with the staff folks but this portion of the project was not to have been done until a year from now anyway. Is that correct? Fosse: Correct. It needs to be completed by the end of calendar year '01. The water needs to be through there by then. Pfab: So we are taking it off of this calendar year's? Dilkes: I think if you read the comment it will explain it but the water main installation is still part of this project. What we have removed because of the citizen initiative is the grading of First Avenue. Lehman: The water main portion of this would go through in which case it would be placing the water main 20 deep or roughly rather than putting it down the four feet we would if we graded it. So we will incur whatever the additional cost is of placing the water main? Fosse: Yes. Champion: Well that depends on when we do the referendum. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #6. Page 36 Lehman: That is fight and that may have something to do with when we have the vote. Champion: Right, so- Dilkes: That is right, that timing issue is going to be part of your decision on when to hold the election. Lehman: And that will be- that discussion will take place- Rick don't walk away yet- I think that discussion on the timing of this would be- well, another question to you. When will the contract for the installation of the water main be let? Fosse: It will need to be let in time so that we have it complete by the end of '01. Lehman: Which could be- Fosse: I think the outcome of the referendum will have some impact on how everything is ultimately packaged and tied. Lehman: The reason I am asking that [is] if the referendum is held and the project is taken off the CIP- obviously there this isn't the same resolution the water main would go in as it is presently proposed- if we were to have the referendum and the referendum were defeated and the grading were to proceed, when would that have to take place in order to let the contract? For completion in this fiscal year. Fosse: Right. We would probably let the contract about this time next year. Dilkes: The focus on the letting of contract is really not what you need to focus on for this item. This is a property acquisition issue and because of, particularly because of changes in the state law, we have to begin the property acquisition much earlier than we otherwise did. Lehman: Will the property acquisition be the same whether or not there is grading or a street involved? Dilkes: No. And that is one of the things that you are going to need to talk about on your- in two weeks when you talk about the timing of the election. Lehman: All fight. Vanderho ef: So we can- you won't be getting acquisition of property along the First Avenue section until after the referendum? Is that what you are saying? Dilkes: I think that is one of the things you need to talk about on the 15th. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #6. Page 37 Vanderhoef: Okay, because I can't support it. Pfab: Is there any reason why that this has to be acted on this evening? Dilkes: We were aware that there was likely or the possibility of an initiative with respect to the grading and paving of First Avenue was out there. When we initially put this item on to set the public heating that is why we specifically divided- made it sort of a three part project: Captain Irish, water main installation, and paving and grading. The initiative addressed only the paving and the grading. In fact, I think it was clearly the intent of the petitioners only to address the paving and grading and clearly not to address the water main installation. So- Champion: So we should pass this and we can deal with the other issue when we have a discussion? Dilkes: That would be my suggestion. Kanner: And just to clarify, the plan is to put the water main in next year? Fosse: That is correct. Pfab: So there will be no ground disturbed where First Avenue- were the projected, proposed, First Avenue is this year no matter what? Fosse: There is no plans to do that. Pfab: You hesitated, you didn't say no. Fosse: I wanted to make sure I understood the question. Pfab: Okay. Fosse: Because the next item on the agenda is for the water main project south of there which parallels the portion of First Avenue that is already paved. Pfab: Is that something that needs to be done this calendar year? Fosse: Yes, this is the time that is best for that now. Lehman: I have one other question for you Eleanor. This resolution for authorizing acquisition of property fights for the water main installation- how soon do we start that acquisition? For that portion of First Avenue that is currently (can't hear)? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #6. Page 38 Dilkes: Well, I think what we will do is we will wait until your discussion on the 15th. We will talk about the timing issues then and then we will go from there. Lehman: All right. O'Donnell: I think we need to get together before the 15th as a council and talk about this. Kanner: What for? O'Donnell: There is many things going on Steven- we are going to be talking I feel about a special election. Kanner: You don't think we can do that on the 15th? It seems- O'Donnell: If everybody is comfortable waiting until the 15th that is all right. But I think we- I just feel there is a lot to talk about in those 2 weeks. Champion: It is only two weeks away. Lehman: There is probably a little homework to do in between. Champion: Right. Pfab: I am still going to- I don't know if this is an age problem or what- Lehman: I am familiar with that Irvin. Pfab: What is the reason why we have to act on this this evening? Champion: Well it doesn't make any- we should act on it. I mean, it doesn't make any difference- Pfab: I would like to table this because I am, quite frankly, can't quite figure out what is what here. But if it~ I will- I can't abstain, you know that, so I would vote no then rather than that. So, anyway,- Champion: It is for the property rights for Captain Irish Parkway which is going to be built no matter what. And the water main in going to go in no matter what too. Pfab: So this is for the property rights for- when you say- is that the name we are going to call Scott Boulevard from now on? Lehman: Depends who you talk to. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #6. Page 39 Dilkes: I don't know that there has been a final decision made on the name. Pfab: So it is that little piece of ground- Champion: It is not a little piece of ground. Pfab: No, no- I mean- I am trying to keep it simple here so maybe I can figure it out. okay, so what you are saying is you want to start the acquisition of property tights for the proposed road connecting the present Captain Irish to Scott Boulevard? Vanderhoef: Yes. Lehman: And the First Avenue extension of the water main which would be the water main only portion of the unimproved section of First Avenue. Pfab: Would it be possible to divide this into two parts just for me maybe? And then maybe take this up next week? Champion: Let's just vote on it Irvin. Dilkes: I think it has been- has it been moved and seconded? Lehman: No we are still in the public hearing. Champion: -public hearing. Dilkes; Oh, we are in the public heating. Okay. Lehman: The public heating is closed. Irvin, the next item is intent to construct the water main along the existing portion of First Avenue and it would be kind of silly to do that if we aren't going to- if we are going to stop the water main at the end of the paving. b.) Consider a resolution declaring. Champion: That needs to be done. Lehman: Has to connect to something. Pfab: Okay, so we are saying that that has to take place now? Champion: Right. Pfab: The timetable is now. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #6. Page 40 Dilkes: We started this process by setting the public hearing on the property acquisition because, yes, we need to start the property acquisition sooner rather than later because it takes a long time. Pfab; Okay, that is fine. I will concur with my fellow people. Brandon Ross: Excuse me. You closed the public hearing but it seemed to go by so fast I was wondering if we could actually speak to this issue briefly? Lehman: I don't have a problem but when the- and please do- but you know there is plenty of time during the public hearing that has been going on for five minutes. Please, do you have something to say? Ross: Well, I think that the issue is being brought up that the vote should be brought up on ballot possibly in a special election? Champion: That is a different discussion. Lehman: That is a discussion for another night. And we will be doing that two weeks from last night. Ross: All right, thank you. Lehman: Sure. Kanner: And also two weeks from tonight when we bring it up for a formal vote people can comment at that time. Lehman: Do we have a motion on item 67 Champion: So moved. O'Donnell: Second. Lehman: Moved by Champion, seconded by O'Donnell. Any further discussion? This is the acquisition of property rights only for Captain Irish Parkway extension and the water portion of First Avenue. Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #9. Page 41 ITEM NO. 9. CONSIDER A RESOLUTION ADOPTING IOWA CITY'S FY01 ANNUAL ACTION PLAN THAT IS PART OF IOWA CITY'S 2001- 2006 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. Pfab: I move that we consider the resolution. Champion: Second. Lehman: Moved by Pfab, seconded by Champion. Discussion? Myers: Permission to address the council? Lehman: Certainly. Myers: Bill Myers. I am pastor at Northminster Presbyterian Church and member of the board of Successful Living. First of all I wanted to provide any clarification if there needs to be regarding the relationship between Successful Living and D and K Properties. I know it was a rather late hour when we finished this discussion a couple of weeks ago and so if there are any remaining questions regarding that relationship I would certainly like to address those. I also wanted to share with you some of our statistics from July '99 to December '99. There were some questions regarding how broad a scope Successful Living has in terms of its population. I thought you might be interested to know that in that time there were 49 persons served- 15 of whom were women and 34 of whom were men. 22 are still in the program. 12 or 25 % have left successfully and that means they have long term affordable housing, an income which they can live on, and they also have a support network in place. And then the remainder- 9 were evicted, 5 left by choice and 1 went into a halfway house. So, at least in that time I think we can see how successful the program has been in terms of either providing support services for a number of people in the community as well as enabling a good portion of them to return to successful involvement in our society. Lehman: Bill, I have just a couple of questions. Myers; Yeah? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #9. Page 42 Lehman: We did receive in our packets this time a memo from Steve Nasby about this issue and I just wanted to make a couple of points clear. There is no relationship whatsoever between Successful Living and D and K as far as this thing is concerned? Myers: Right. Lehman; This recommendation from our commission is based on the merits of Successful Living, applies only to this property- this is a separate nonprofit organization with no connection whatsoever to D and K? Myers: That is correct. Lehman: And it was recommended as one of their highest priorities? Myers: Yes, yes it was. Lehman: I think there was some confusion at the last meeting. There seemed to be some seemingly interaction between the two and there is in fact none? Myers: There is in fact none. No. Lehman: Right. Pfab: I had one question. Lehman: Sure. Pfab: Who is on the board of directors at Successful Living? Myers: There are I believe four of us- myself, Melissa Long (I don't know her married name now) is the president, a former client of Successful Living is also on the board, and then there are two other Iowa City residents. Pfab: Which- by name is? Myers: I don't know their names off the top of my head. Sorry. Lehman: Anyone else have any questions for Bill? Myers: Thank you. Lehman: Discussion from council? Pfab: I believe there is somebody else. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #9. Page 43 Lehman: Go ahead. Moraski: Permission to address the council? Letunan: Sure. Moraski: And not kick that again. My name is Jane Moraski and I am the chairperson of the Housing and Community Development commission. And I just wanted to speak briefly to remind you that we realize that this is a difficult process and remind you that it was a very difficult process for us. We looked at applications over a period of approximately four weeks for- that wanted funding from the CDBG funds and remind you that the item that (can't hear) a lot of discussion, Successful Living was ranked highest in its category and also one of the higher projects overall. And we based our rankings on trying to balance what was best for the community and also trying to consider a ranking sheet that was approved by this city council or the past- I believe, was it October? In December of '99, so we did base it on rankings that were approved by city council and tried to follow that as our guide and hope that you would follow our recommendations and thanks for your time. Lehman: Thank you. Kanner; Ernie? Lehman: Yeah? Kanner: I just want to say that many of us as Irvin mentioned went to the open house of Emergency Housing Project this past weekend. And what they are doing there is pretty amazing with limited resources and a project like Successful Living I think fits in very well trying to get people from emergency housing project to this transitional living arrangement where they have some more space and they have some in depth counseling and I think it is a great program. And I want to also, as most of us have done, commend again the Housing and Community Development commission for the work they have done. I sat in on a couple of their meetings and (can't hear) like work that they are doing many hours. And one other final thing I wanted to mention is one of the categories for funding for this federal funding is economic development. And there are very few proposals that come before the commission and I would just like to put this out to the community that economic development, ones that produce jobs, if you put together a good proposal that is going to help the targeted audience, there is a good chance that you will get funding for it. so please consider organizations and groups putting together proposals that will help produce some good jobs for low and moderate income folks. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #9. Page 44 Pfab: I would support what Steve is saying and I would also say that I have a number of projects that I would be happy to work with somebody if they have an interest in them. Vanderhoef: I just have a statement to make tonight. This has been real difficult for me. When I came on council it was at a time when the Housing Commission and the Community Development Commissions were in the process of combining into a single joint commission known as the Housing and Community Development Commission. This is an advisory commission to city council for many things and probably their largest responsibility is recommending the disbursement of our annual Community Development Block Grant monies, which we receive as a recipient city. In the past four years I have recognized some trends in the disbursement of these funds which I will add are all perfectly legal and appropriate. This year's recommended allocations continue the trends that I have been watching. There are four categories for the disbursement of the development funds beyond the administrative. These are a part of our City Steps plans and we in that plan we have estimated set aside for each of the four categories. The first category is the public services, which this year is $158,000 of which council, in my opinion, rightfully set a policy a number of years ago of $105,000 annually to be distributed to our local human service agencies. The $158,000 represents the maximum allowed by the federal government. The past four years, council has authorized the maximum. The second category is the public facilities. It was recommended set aside estimate of $360,000 this year and it was recommended allocation of $311,000. This category has fluctuated over the years depending on the number and scope of the requests. The third category is housing. It has a set aside estimate of $982,000 and this year recommended allocations of $1,116,000. That is $134,000 above the set aside. Economic development is the fourth category. It has a set aside estimate of $95,000 and it was only funded at a third of the one project request of $30,000, therefore they are receiving $10,000. This is probably not appropriate. Two weeks ago I mentioned some actions like a $100,000 revolving loan fund might be appropriate to better facilitate business' business requests throughout the year rather than the once a year funding cycle. We are talking about community development block grants, not just community housing grants. I feel the allocations aren't balanced throughout the community, especially for economic development (changed tapes) meaningful jobs with good wages. The city needs workforce development with job training and expanded skills for our low and moderate-income workers. A couple of examples of where we might also need money- the Senior Center needs a safe, accessible walkway. There are thousands of trips made to this center annually by both healthy and less than healthy or disabled citizens. The city needs expansion of our fire department. That means additional equipment. These last two items are examples of ways we could use some of these funds so the prosperity This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #9. Page 45 and the property tax payers aren't footing the entire bill for these projects. I will take responsibility as a councilor for not giving better guidance to the Housing and Community Development commission as to some of my goals and priorities above and beyond those stated in our community Steps Plan. I look forward to future conversations and discussion with my fellow councilors and also the Housing and Community Development commission. I will reluctantly support the commission's recommendations this year and work hard to achieve a better balance in fund allocations next year. And my thanks to the commission for their work. Champion: Thank you Dee. Lehman: Other comments? Roll call. Motion carries 7-0. Karr: Motion to accept correspondence? Vanderhoef: So moved. Lehman: Moved by Vanderhoef. Pfab: Second. Lehman: Seconded by Pfab to accept correspondence. All in favor? All: Aye. Lehman: Opposed? Motion carries. Champion: Do you know another- Dee, I think made some really valid comments. And another thing that I would like us to address is since we are reviewing our zoning now, that we look at zoning for areas that will distribute our special service housing into all parts of town instead of congregating where we have particular zoning. I didn't understand that zoning was the major problem until somebody told me that. But I think we have a very complicated thing to look at and you have tackled a lot of things. But we really do need to have a total work session dedicated to dealing with these funds and zoning in relation to them. Dilkes: You will be getting a memo from Karin Franklin and me next week on that issue and seeking your direction. Champion: Thanks. Wilburn: Mr. Mayor ifI may? I just want to point out that these are Community Development Block Grant funds but these funds that are providing support This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #9. Page 46 for a lot of these agencies represent a fraction of the funds that is costs to run the services here in Iowa City. And in fact, a lot of the organizations bring in a lot of funding from other federal sources, state sources, county, private, and (can't hear) organizations and local fund raising. So, while it is a lot of money it takes a lot more money to pull off a lot of these services that are needed here in Iowa City. Myers: Councilor Vanderhoef, at the risk of speaking out of school I believe the board of Successful Living would also like to speak with you about possibly economic development projects so that if you have thoughts of projects that we might look at as a board and utilize the resources that we have both in the residents in the houses and the resources in the community we would be interested in entertaining some of those thoughts as well. Vanderhoef: Thank you, and in case you hadn't heard, we now have an economic development committee as pan of our council duties. So, if you would send a letter to the committee as a whole and then it will be put in the packet for everyone to see, we would appreciate it. I would like to work with you. Myers: Right. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #10 Page 47 ITEM NO. 10. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MORMON TREK BOULEVARD IMPROVEMENTS- ABBEY LANE TO HIGHWAY 1 PROJECT. Lehman: The cost of these services is $210,000. Champion: Move adoption. Vanderhoef: Second. Lehman: Moved by Champion, seconded by Vanderhoef. Discussion? You know, this is one I don't mind spending the engineering fees. A half a million dollars under the estimate. Pfab: I am going to be voting no just because of unanswered questions that I have and that is why I just wanted to make (can't hear). Lehman: Are they questions that we can answer here? Pfab: No. Lehman: Okay. All fight. Roll call. Motion carries 5-2, Kanner and Pfab voting rIO. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #11 Page 48 ITEM NO. 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT NO. 2000-16-088 FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENT PROJECT STPN-6-7(56)-2J-52. Champion: Move adoption of the resolution. O'Donnell: Second. Lehman: Moved by Champion, seconded by O'Donnell. This is a project that will be addressing Highway 6 from approximately the Iowa River easterly to, I think, probably First Avenue. Champion: That far? Lehman: Is that close? Fosse: This portion of it is the drainage component and it will go to Sycamore. Lehman: Right, but the total project I think does eventually go through First Avenue. Fosse: No, just Sycamore at this point. Lehman: Oh, okay. That is the total scope of the project as we now envision? Fosse: Yes. Letunan: Discussion? Champion: Yes, I moved it. (several talking) Lehman: Do we have discussion? Pfab: (can't hear) Lehman: I don't want any coffee. I didn't hear a second to moving the question. Do we have roll call? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #12 Page 49 ITEM NO. 12. CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO ACT ON THE CITY'S BEHALF IN SECURING PERMITS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS, AND RESCINDING RESOLUTION NO. 98-168. Vanderhoef; Move adoption. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Does anybody know what this means? Champion: No. Dilkes: I can tell you what this means. Lehman: Thank you. Dilkes: The previous resolution- this is just an expansion of an earlier resolution where we authorized Director of Public Works to sign like core permits and DOT permits and what has come up recently on the Highway 6 project is in connection with the permitting from the DOT, we need to sign an agreement with them allowing the rerouting on our local streets. Lehman: Okay. Dilkes; And so we want him to be able to sign those too. Lehman: Okay. So instead of 98-168, that is what it really means? Dilkes: Actually, what we are doing is he won't be signing those, the mayor and the clerk will be authorized to sign them but without council (can't hear). Lehman: Any discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #13 Page 5o ITEM NO. 13. CONSIDER A RESOLUTION OF INTENT TO CONVEY A VACATED PORTION OF NORTH JAMIE LANE, CONSISTING OF APPROXIMATELY 4,229 SQUARE FEET LOCATED AT THE NORTHWEST TERMINUS OF NORTH JAMIE LANE IN VILLAGE GREEN SOUTH PART 3A, TO ADJACENT PROPERTY OWNER AND DEVELOPER GLASGOW-WILLIAMS REAL ESTATE, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MAY 16, 2000. Pfab: I move the resolution. O'Donnell: Move resolution. Lehman: Moved by O'Donnell, seconded by Pfab. Discussion? Champion: Didn't we already set this public hearing? Lehman: No, not this one. Dilkes: No, you talked about the under zoning, but this is the conveyance of that part we are going to vacate. Lehman: Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #15 Page ITEM NO. 15. CONSIDER A RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT WITH SUPER VALU AND TO DISPOSE OF PROPERTY IN ACCORDANCE THEREWITH, AND SETTING A PUBLIC HEARING ON SAID AGREEMENT FOR MAY 16,2000. Lehman: This involves I think being able to utilize the north commercial area of the airport. I mean, this is a property swap with the owners of Cub Foods. Is that correct? Discussion? O'Donnell: Move consideration. Pfab: Second. Lehman: O'Donnell, seconded by Pfab. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #16 Page 52 ITEM NO. 16. CONSIDER A RESOLUTION EXPRESSING A PREFERENCE FOR THE USE OF THE TERM "PEOPLE OF COLOR" RATHER THAN "MINORITIES". O'Donnell: Move resolution. Lehman: This resolution has been adopted by the Human Rights Commission and is (can't hear) adopted by the Black National Caucus of Local Elected Officials. Moved by O'Donnell. Vanderhoef: Second. Lehman: Seconded by Vanderhoef. Discussion? Champion: I just want to ask a question- I should have asked this yesterday (can't hear) Heather. But, Ross maybe you can answer it for me, do like people of Spanish descent and Mexican descent consider themselves people of color? Wilbum: Yes. Champion: Okay. Wilburn: I forget the- what is the Latino group- the national group that supported this as well? I think it is more descriptive of who we are and it gets away from the kind of negative connotations the people attribute to "minorities". Champion: I like the wording, I just wanted to make sure that (can't hear). Wilbum: It also acknowledges and recognizes that in the near future who minorities are in terms of the population will be changing. Champion: It may totally change. Pfab: What are we going to call white people when we become a minority? Kanner: What? Champion: So, yeah, I prefer this to before when you used terms like "African American" or "black", it referred to that as just a separate minority group. So I think this a much more positive thing but I just didn't know whether people of Latino descent considered themselves people of color. O'Donnell: The Human Rights Commission gave this a lot of consideration (can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #16 Page 53 Champion: I am sure they did. Lehman: I think it is a good change. Vanderhoef: I think it is a very positive kind of thing to do. Ever since I read about it I have been real aware of the use of the word "minority" and it just sort of jumps out at me and it is like I don't like it. This works for me very well. Pfab: I have a question. At some point in time there is a great likelihood that white people will become minorities. I just wondered at that time if somebody is thinking of a term for that? Kanner: Eleanor? O'Donnell: I have been giving a lot of consideration to that and I haven't come up with anything. Kanner: I have a question for you. How will this affect other minorities that are not people of color? People with disabilities, or other classes that we have identified7 Dilkes: Well, the reason that we didn't- the reason that the language of the resolution is as it is, it expresses a preference for the use of the term when it is appropriate. But it for instance, if we are looking at a document which is using the term minorities to refer to people, other than people of color, people with disabilities etc., then it wouldn't be appropriate to insert it in that spot. Pfab: So that is built around this (can't hear). Dilkes: That is built into the resolution and the way it is worded. Wilburn: I think the other thing is that this is not intended to demean or- I saw you fishing for another term Irvin- this is not to demean anyone. It is more of a positive that we are people of color and- Pfab: I just think white people have to be aware that some time in the not so distant future we will probably be minorities or however you word it. Lehman: Okay. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. # 17 Page 54 ITEM NO. 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND TIlE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF LOCAL PUBLIC ACCESS FUNCTION. Lehman: This is a three year extension (can't hear) going through December 31, 2002. Pfab: I move consideration of the resolution. Lehman: Moved by Pfab. Champion: Second. Lehman: Seconded by Champion. Discussion? O'Donnell: I have got a question here. Since the city of Coralville is no longer a part of this agreement does that- elaborate a little bit on how that would affect the funding, if it does at all? Helling: It has no effect whatsoever on the ftmding. Coralville was brought in the last time. They were invited to come in, they were part of the agreement, there was a little bit of equipment in the library at Coralville. That was by mutual agreement of all of the parties. PATV didn't- wanted to pursue a separate agreement with Coralville. That was fine with us because it really has no substantial effect on Iowa City's agreement one way or the other. O'Donnell: So Coralville is going to have its own access station? Helling: Well, what they chose to do is up to them but currently all of the funding for PATV comes by virtue of the Iowa City franchise agreement anyway. O'Donnell: So what happens to the Coralville (can't hear). Lehman: Blank station. Helling: No, it will continue to go to (can't hear). Lehman: Same as ours? Helling: Yes, it has always been area-wide. It has not been confined to Iowa City. O'Donnell: Okay, thanks. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #17 Page 55 Lehman: Other discussion? Kanner: I just wanted to say I think PATV does a wonderful job, especially with some limited resources. I think especially for a city our size they- the work that they do is comparable with any city. Even the larger ones that I have been in. So I hope they keep up the good work and that we can give them more resources in the future. Pfab: I have a question. The fees that eventually- the funding for this type of operation comes from- are they growing because of the fact that cable is now offering internet services and etc? Is that part of it or has that been decided? Helling: No, they are not growing- this is a separate funding source or a separate sort of clause in the franchise agreement and it was based on a flat amount that was- there applied then to it a factor each year, an inflation factor if you will, and so it is a flat amount. We used the consumer price index to indicate or to determine what that factor is going to be for the next year. So it goes up by dollar amount based on the CPI. It is not, like the franchise fee, which is a percentage of growth revenue. Pfab: How long is the contract in place in that way of funding it? Helling: Well, it has been that way from the onset in 1990 1 believe. Pfab: And it will expire- the present contract would expire at what time? Helling: This current agreement would be for three- it would be three year extension. Pfab: Three year? That is fine. Just a question. Lehman: Other discussion? I've had some conversation with Renee and some of the folks down there and I think PATV has an absolutely phenomenal opportunity to be a tremendous service to the community with so many things going on and I think Renee is somewhat in agreement with that. And I hope that in the future they are able to cover some of the things that are of tremendous interest to the community and so far they've just been unable to do. So, roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #18 Page 56 ITEM NO. 18. CONSIDER MOTION GRANTING A 45-DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE REPORT WITH THE CITY COUNCIL ON COMPLAINT #99-08. Lehman: This is a- we have a limitation to the amount of time it can be used for a complaint and they are requesting an extension for 45 days. Pfab: So moved. Wilburn: Second. Lehman: Moved by Pfab, seconded by Wilbum. Discussion? Roll call. All in favor? All: Aye. Lehman: Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #22 Page 57 ITEM NO. 22. CITY COUNCIL INFORMATION. Lehman: Irvin, go ahead and start. Pfab: The open house this past Sunday at the Emergency Housing certainly demonstrates to me the extremely crowded conditions of that facility and I would like to bring this up as to what we as a city council can do at a future work session. Champion: I have three quick things. Tonight when I was driving down Burlington, I have brought this up before, and maybe it is only a problem that I perceive but because parked on Governor all the way up to Burlington you cannot see cars coming and if we continue to allow right hand turns on reds there somebody is going to get hit because the cars are parked and you can't see around them. You can't see that cars coming. It is a one way street so they are coming up right next to the cars. Tonight the car was parked over the sidewalk even and it is a constant problem and I think we just need to look at it. If we even have a no parking sign for the 15 feet or whatever it is. I think it is dangerous and I find it dangerous myself. Or, we can't do right hand turns on red there. One or the other. Atkins: Connie, can you give that to me again? Champion: Summit and Burlington. It is the west- the east side of Governor that is the problem. And northbound, that is one way. Atkins: North bound. Champion: And the (Can't hear) I know that they have looked at it before but it is not a problem in the daytime because people aren't parking there. But at night or after work or school- Atkins: What is the turning movement again? Explain it to me. Champion: If this is Govemor, and I am coming- I am on Burlington. Atkins: How about northbound or southbound or something? Champion: It would be northbound. I would be going north. Lehman: Noahbound on Governor. Intersecting with Burlington. Champion: Intersecting with Burlington. If you are coming west on Burlington you cannot see around those cars. Atkins: Okay. It is a left turning motion to Governor- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #22 Page58 Champion: If you turn right- if you can turn right onto Governor from Burlington you can't see if cars are coming up Governor because cars are parked right up to the street. Atkins: Okay. Champion: Okay, that is my little pet peeve for the day. When is the fountain going to be turned on? Why don't we have it on yet? Letunan: We are working on it. Atkins: It is not fixed yet. Champion: Oh, okay. That is the reason. Atkins; It is supposed to be- the construction work is to be completed by the 14th of this month. Champion: Okay. Then, have we ever talked about a city wide clean up week like they do in Coralville and Cedar Rapids? Atkins: We have had that over the time that I have been here Connie proposed off and on and quite frankly we have never really had sort of a (can't hear) cry to have it done. And I think is the reason we haven't is that during the course of the year you can call us and we will come and pick it up and we charge a fee. As Cedar Rapids experienced, there is an unfortunate and terrible abuse. People mix- I mean, we grant a moratorium on enforcement for the landlords when the students move out for a couple of days. Garbage is mixed in with furniture, it is hand work where people have to sit there and sort through the thing. Champion: Right. Okay, forget it. Atkins: I am reluctant to recommend doing it when we offer the service on a year round basis. Do you have something to get rid oP?. Call us and we will schedule something. Champion: No, I don't have a problem- some people have asked me why we don't do it and the answer seems very logical when you say it. Atkins: Oh, okay. Lehman: It would be interesting to see if Cedar Rapids does it again because they had tremendous problems. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #22 Page 59 Atkins: It- I mean, it is terribly, terribly abused. And that is the shame of it, because it ruins it for everyone. Lehman: Irvin? Pfab: I have a question. Is there a way to get a list of all of the computer controlled signals at what intersections? Atkins: Sure. Pfab: I would like to see that. Kanner: Is there a reason? Pfab: Because a lot of times you come to an intersection and you wait and wait and wait and I was thinking if these were computer controlled you could trip the switch. Atkins: That is very easy. We will get that for you. Pfab: That is fine. It is not a big thing but it is something that if it works it is a wonderful- it is an energy saver. (Can't hear). Atkins: Sure. Lehman: Mike? O'Donnell: I just have a couple of quick things. Connie had a pet peeve and I also have a pet peeve. Going up Dubuque Street turning left on Church Street. There is no turn arrow there. And at times of day that backs up and that is a terrible place. Champion: That is another pet peeve of mine. O'Donnell: (can't hear) Pfab: I think it is a disease. I am going to sit over here. Vanderhoef: That is one we have looked at in the Capital Plan, whether we were going to rebuild it to get that turn lane in there or not. O'Donnell: Well, we need to take another look at that. Atkins: It has been proposed five or six times in the time that I have been here and it always gets buried. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #22 Page 6o Champion: Couldn't we do it like we did at Gilbert and Kirkwood though were you just have a left turning signal? Atkins: I don't think there is sufficient storage- this is a little different alignment as I understood it. It was a half a million dollars. Yeah, it was a lot of money. Champion: It is not that big of a pet peeve. Atkins: I will get a better number for you. O'Donnell: If you have a bus in the right lane turning- Atkins: I understand Mike. O'Donnell: -you can back up traffic for blocks. Atkins: Yes, I will get you an updated cost on that. I know we have that. O'Donnell: Okay, enough said on that. Hospice had a very successful road race Sunday. Vanderhoef: Did you run? O'Donnell: They all ran- did I? No, I watched them go by my house. But there were a lot of people and it was very successful. KCJJ also had a fundraiser for the crisis center. Their intentions were to raise 7,000 pounds of food and raise $7,000 and I believe they hit or came very close to that. A couple of people are leaving- Ellen McCabe is leaving the Crisis Center and Dennis Mitchell is leaving our City Attorney's Office. They have been very helpful for me and I want to wish them well, as I am sure everybody does. Vanderhoef: Absolutely. O'Donnell: And finally, there will be a Crisis Center (ICARE) annual gourmet breakfast Sunday May 7, 8 AM-1PM at St. Wenceslaus Church. 618 E. Davenport. There is going to be two different kinds of pancakes, orange juice, milk, coffee, fresh whipped cream, real maple syrup, pork sausage, real butter, fresh fruit, and yogurt. Lehman: (can't hear) O'Donnell: And if get there at 8:00 you get to see O'Donnell teach Lehman the true art of flipping pancakes. Lehman: (can't hear) This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #22 Page 61 Pfab: And I have a volunteer to pick up the ones that (can't hear). O'Donnell: Hang around Ernie's grill. Lehman: All fight, we will show you Mike. Go ahead Dee. Vanderhoef: I just have a request that since we have passed our resolution on people of color that we send a letter to the National Black Caucus and send them a copy of our resolution and let them know that they did produce something for a councilor who came to convention and met with them and saw their ordinance and felt it was worth bringing to our city. That is all I have. Lehman: Ross? Wilburn: Three things. I just want to point out some fundraiser activities coming up as well. Saturday May 6 the Children's Miracle Network and Ronald McDonald House Race/Walk [or] Run/Walk begins at Pappajohn Pavilion entrance and ends there as well. They are still looking for runners, walkers and they probably would appreciate it someone from council could come watch Saturday May 6. And the first thing starts at 8:30. The second thing is a fun one, it sound like. Rape Victim Advocacy Program has tickets for Divas and Desserts, some local artists will be singing and desserts served. Tickets are available at New Pioneer Co-op, Emma Goldman Clinic, Women' s Resource Action Center and the Rape Victim Advocacy Program. So there is that. Also finally I wanted to know ifI could get an update on the smoking regulation enforcement issue-n questions I raised at a work session? Arkins: Yeah, I can help you with that. Andy from Eleanor's office and RJ and I got together to discuss the enforcement of ticketed underage usage of tobacco. And it is our opinion that we can begin going back to and in fact enforcing those ordinances. That the FDA regulation, change in regulation Supreme Court decision, was a matter of federal funding and we were not financing our enforcement efforts by federal monies. So, effective immediately I have instructed the police chief unless I would hear differently from you all, that we will go back to our traditional enforcement and conduct stings periodically. Unless I hear differently from you. So we are okay on that. Wilbum: All right, sounds good. Kanner: Along those lines, Ross and the rest of the council. Johnson County for Tobacco Free Youth talked about how we are often times not asking for the maximum fine, I think, when we were selling to youths. And I was wondering if we could talk about that at a future work session? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #22 Page 62 Lehman: How is the amount of fine determined? I thought it was by law. Dilkes: Yeah it is. I would have to get back to you on that. Kanner: My understanding is you can bring a larger fine against the company besides just the person who sold it. Lehman: We can find out. Dilkes: There are a number of regulations that are addressed there that I would have to look. I can probably get you an answer on that. I don't- Lehman: I think it would be nice to know. Champion: (can't hear). Isn't it illegal for somebody 18 or younger to sell cigarettes? Lehman: Under 18. Champion: Under 187 Maybe you ought to raise their fines. Lehman: Well, we will check into it. Kanner: Two other things. One I want to mention that every year the Senior Center has an award to their senior distinction. And this year on May 17th they are going to awarding that senior distinction to Betty McKray who happens to be in our audience. And I think most of us probably know Betty. She is a whirlwind. She is on our telecommunications commission and she works in numerous areas in our Senior Center. And I urge everyone to come out to that celebration as part of Older Americans Month. And there is going to be numerous activities with Mr. Vilsack coming out also to do ribbon cutting on our new equipment and remodeling that we did in the Senior Center. So that is May 17. It starts at 1:30, the festivities. It should be fun. And then one other thing I wanted to notify the city about. Many of you are probably aware that we are going to be running out 0fteleph0ne lines for the 319 area code and the Iowa Utility Board is currently considering basically two options. One is to split our area into 319 area code plus the new area code, geographically. Or, to keep 319 for all the previous telephone lines and any new telephone we get a new area code. So that would mean with this overlay proposal that your next door neighbor that just moved in might get a different area code. So if you have an opinion on that please contact the Iowa Utility Board. Pfab: Do I also understand that if you get another, a second line, you could end up with a new area code? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. 4422 Page 63 Kanner: I think that is a possibility. Pfab: Somebody made a comment at the work session last night and I failed to follow up on it. I am wondering if I can now? Somebody said something about this would be moot in a couple of years. I believe it was you who said that. What did you mean by that Mike? O'Donnell: You know, this is all still under discussion. My point last night was if you asked for another phone line you could conceivably have a different area code upstairs than you do downstairs. And that is going to be quite complicated. Pfab: I don't know, you will just have to dial more numbers. Kanner: Irvin, what I said was what I heard from the hearing that they had here is that they feel that in 8 to 9 years we will have the need for another area code. And that it might be a moot point at that time because of new technology where you might not even dial a number, you just say a name and it can find you wherever you are in the world. Chan~pion: I wouldn't like that. (can't hear) Lehman: That is scary. A couple of things. Steve? You know, tonight we voted on that zoning on Lucas and Governor Street and I think I have mentioned this to you before and I would like to receive the concurrence of the council. Rather than see us come up and deal with the situation again like we did on Governor and Lucas Street, if it isn't any tremendous effort I would like our staff to look at those areas of the city that may find themselves in the same situation and at least have the council be aware of it so perhaps we can address those issues before they become a problem. Atkins: Requiring some judgement on our part to have us identify these four or five areas appear to be like circumstances and- okay. Lehman: Yeah. And I am not sure there is very many of them there. I have talked to Karin about it and I think we may be reaching the end of situations like we had tonight. Atkins: (can't hear) will prepare something for you and put it on a work session. Lehman: I would really rather address those issues before they become problems than waiting until after they do. Atkins: Fine. I can prepare that. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #22 Page 64 Lehman: Pardon? A couple of other things in addition to the Crisis Center Breakfast. Thursday May 11 [is the] Airport Terminal Open House. We just finished a remodeling project. It is a very, very attractive airport. If folks get a chance, 4:00 on Thursday May 11. Saturday, open house at the soccer field at the new concession stand on the 13th. And June 1, while I am on my way to Canada fishing, I just hate to miss this. But the new Shakespearean Theater at City Park it going to be dedicated on Thursday June 1 at 5:30. And that is such a tremendous addition to the park. And just a great addition to the community. I think a lot of folks might like to take advantage of that. Steven? Pfab: I would like to ask you a question Steven. What progress is being made on controlling the unleashed dogs in the Hickory Hill area? Atkins: Well it sounds smart alecally, and I apologize, but very little. We respond on a complaint basis Irvin. We do spot enforcement I don't really know what else to tell you on that. Pfab: I mean, is it possible that the people who let their dogs run unleashed that they just feel that there is no threat to it. Why? Atkins: If you are asking me a personal opinion, the answer is yes. Lehman: It is kind of like running red lights. People don't pay any attention to that either. Pfab: Well, maybe the time has come to take a picture of it. I don't know, is there- I am serious. There are other states that are doing it. And it works. O'Donnell: How would you patrol that park Irvin? How would you know if somebody is 20 acres in there running their dogs? I mean- Pfab: Whenever you walk in there you can see and I think that something- either remove the ordinance rather than be- you know, if we aren't going to enforce it I would suggest we remove it and call it a dog park then. Dog area. Atkins: Folks, he is not wrong. I mean, it is just so hard to enforce that. Champion: It would be impossible. O'Donnell: It is impossible- Pfab: Is it impossible to enforce it by taking a picture? Atkins: I don't know legally. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #22 Page 65 Champion: Who is going to take a picture? Pfab: No, no, I mean you could do it with telephoto lenses. There is a lot of things you can do if you really want to. It is important. Lehman: You have to have a person out there to take a picture. Dilkes: I think we are talking money here not legalities. Kanner: But hopefully Parks and Rec when they are talking about the dog area- we are going to be talking about this also. The other side of unleashed dogs and that will be part of discussion. We will bring in the people that talked about an area for running their dogs. Friends of Hickory Hill and other parities involved. And we will be bringing folks together. Lehman: We will get a recommendation from Parks and Rec. Pfab: I have a question as long as this came up. What are the fines for being ticketed for having an unleashed dog? Dilkes: I would have to look at the code. I don't know. Pfab: It seems to me it was like a hundred dollars for the first time and over a hundred dollars for the second time. So I am saying that this enforcement should have some kind of an income stream if it is enforced. So I would really encourage to take a hard look at those fees. Lehman: Irvin, I don't disagree with the exception I think that if we start comparing the problems associated with a dog of the leash with the problems associated with traffic with speeding and many of the other infractions, I think that- I don't disagree with you, that the dogs shouldn't run free- but I think that is probably a low priority in the list of importance on the part of the community. Pfab: I domewhat disagree with you from the input I am getting. Lehman: I think that the folks who are out there are very concerned about it but I think over all if it were a higher priority we would probably have more people out there. Steven? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #23 Page 66 ITEM NO. 23. REPORT ON ITEMS FROM CITY STAFF. c. City Manager Atkins: I have two items for you. When you were mentioning employees there is another long term employee, Jim Brachtel, a number of you might know, is leaving. Jim has been here 25 or whatever- a long-term employee. One of our senior civil engineers going to work for the Highway Administration. He has made a real contribution and we hate to see him go. And I laid in front of you a memo about one of our employees, Ernie Dennis. Ernie is one of our recycling truck operators. You may remember we give you our little employee newsletter. Well, Ernie was nominated as driver of the year for the Environmental Industry Association, which is an affiliation of about 2000 companies that manufacture waste equipment and so forth. 150 people were nominated, Ernie won. Lehman: That is the other Ernie. I think it is great. Atkins: -18 years, no accidents. And these are people remember that have loads of exposure on the street. Ernie is one of the good guys. Lehman: Good. Vanderhoef: We are proud of him. Lehman: Thank you. Eleanor? a. City Attorney Dilkes: As Mike mentioned, Dennis Mitchell is leaving to go into private practice with Meardon Law Firm and I just wanted to say on behalf of my staff that we will really miss him and we thank him for his hard work and his very good mind and most importantly his very pleasant disposition. Lehman: Marian? b. City Clerk Karr: Just one thing real quick. State of Iowa leads the nation in Census response rate. 74%. And we still could do a little bit better here in Iowa City. And enumerators are out starting this week knocking on doors doing follow up responses. Lehman: Very good. Motion to adjourn? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000. #23 Page 67 O'Donnell: So moved. Lehman: Moved by O'Donnell. Vanderhoef: Second. Lehman: Seconded by Vanderhoef. All in favor? All: Aye. Lehman: Meeting is adjourned. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 2, 2000.