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HomeMy WebLinkAbout2000-10-17 Transcription#2 Page 1 ITEM NO. 2. OUTSTANDING STUDENT CITIZEN AWARDS- Grant Wood Elementary. Lehman: If the four students would come forward please. You guys think vacation is really neat in the summertime and we really get a little lonesome for this because this is one of the most important parts of our Council meeting. And one that we enjoy probably as much as anything else. This is an opportunity where the city council of Iowa City recognizes outstanding student citizens in the community. The way we will do this: I will ask each of you to give your name and then read why you were nominated. Alyse Riley: My name is Alyse Riley and I go to school at Grantwood Elementary and I have since kindergarten. Since kindergarten I have participated in many sport activities like soccer, basketball, softball and dance. The musical activities that I have participated in are band, orchestra and I sing in my church's choir. At church I also would go to a youth group called (can't hear). At school I have participated in (can't hear), calming managers, student council, band and orchestra. For the past two years I have helped my mom with the Run for Schools. I am also a former Girl Scout. Sarah Anciaux: My name is Sarah Anciaux and while I am attending Grantwood school I have tried to be active in a variety of ways. I have been in Grantwood (can't hear). The next year I went to (can't hear) board member and I served as the president of the kid's bank during its last year of business. This year I was chosen to be a safety patrol and I am one of the captains. I am helping with KinderBuddies and I am also helping with ECSE. I have been in Jazzy Jumpers for two years and I am in my third. I am in my third year of- okay- I am in my third year of being a conflict manager and in school my favorite areas are math and PE. I have been in band for two years and play the clarinet. Outside of school I am on a basketball team, a soccer team, and I have been on a softball association since kindergarten. And I was in Brownies but I had to give it up because it interfered with basketball. And during summer vacation I attended many sports camps and I helped with a booth at the (can't hear) foundation and I volunteered to paint the Wetherby park shelter with my dad. Ben Mulenbruch: Hi, my name is Ben Mulenbruch and I am a sixth grader at Grantwood Elementary School. I have been involved in safety patrol for one year. The best thing I like about safety patrol is that I get to help the younger students get to school safely. I also have been involved in the conflict managers program for the past three years. I enjoy this program because it has taught me how to resolve conflicts by talking them out. Another program I have been involved in is KinderBuddies and ECSE. I like this the best because I have a chance to teach the younger students This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #2 Page 2 how to read. For the past year I have been involved with student council. This has given me a lot of experience for being responsible for many things. Thank you. Ben Rocca: Hello, my name is Ben Rocca. I am honored to have been chosen to receive this award. The activities that I have been involved in are patrol, conflict managers, ECSE, and KinderBuddies. I have enjoyed participating in each of these different areas and have learned a lot from them. I would like to thank those that chose me for this award. Thank you very much. Lehman: I will read the award. (Reads award). Ben, are you going to be a fireman? Now- it is true, the city council is really, really- we are really pleased to be able to do this. But there is another group of folks around here that is pretty proud of you too and that is your parents. Parents don't always tell us when they are proud of us, but the group that is really proud of you is the grandparents. They couldn't- hey, don't laugh- that is a fact. They couldn't be prouder. So, thanks a lot guys. Good luck to you. Thanks for coming down. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #2b Page 3 ITEM NO. 2b. HUMAN RIGHTS ANNOUNCEMENT Lehman: Before we do the proclamations I do have an announcement from Heather Shank regarding the Human Rights Awards breakfast. I would like to announce the winners: Jude West with the Isabel Turner award, Sally Murray for the Vocational Rehabilitation Award, a Great Balancing Act which is Jean Bott, Susan Buckley which is the Rick Graf award, and Jael Stillman for International Human Rights Award. These will be- the awards will be presented at a breakfast on Thursday October 26 at 7:30 in the morning at the Iowa Memorial Union Wayne Richey Ballroom. Tickets are available for $10 a piece. Those tickets can be reserved by calling Heather Shank at 356-5022. And I would certainly encourage anyone interested to call Heather. That is a really delightful event and one that is attended generally by at least some of the council. And it is something that I think you all would enjoy. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #3 Page 4 ITEM NO. 3. MAYOR'S PROCLAMATIONS. a. Community and Regional Planning Day- November 8. Lehman: (Reads proclamation). Karr: Here to accept is Jim Maynard. Maynard: On behalf of the Iowa Chapter of the American Planning Association, thank you Mayor Lehman for declaring November 8 Community and Regional Planning Day in conjunction with the worldwide observance of World Town Planning Day. I have had a card with a little information about that placed in each of the council members places and (can't hear) button for World Town Planning Day. The American Planning Association has encouraged communities throughout the country to observe Community and Regional Planning Day as a way of recognizing the importance of sound and continuing planning to community development, and acknowledging the contributions of our citizen and professional planners to improve our communities. Iowa City has a long tradition of citizen participation in the planning process. I think our first citizen zoning board was established in 1924. Many others have served Iowa City in an advisor and professional capacities since that time. And I thank you again for your recognition in support of their efforts. I hope you will wear those buttons on November 8 or if you would rather pass them along to your favorite planner. Thank you. Lehman: Thank you Jeff. b. Change Your Clock, Change Your Battery Day- October 29. Lehman: (Reads proclamation) Karr: Here to accept is Lt. Steve Stimmel and Sparky. Lehman: Let's hear it for Sparky! Stimmel: Thank you very much. On behalf of the fire department, we want to express our appreciation. Since the technology for detecting smoke and fires has been developed, the number of fire deaths in the United States has dropped every year. It is important that the detectors are maintained and new batteries are replaced on an annual basis. And that they are replaced every 10 years. We have gone along with the National Fire Protection Association's campaign of change your clock, change your battery. And we greatly appreciate the council's efforts in recognizing us through the proclamation. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #3 Page 5 Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #4 Page 6 ITEM NO. 4. CONSIDER AN ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. O'Donnell: Second. Lehman: Moved by Champion, seconded by O'Donnell. Discussion? Kanner: Mr. Mayor, I have some discussion. And I am going to note in the item under C liquor, alcohol license renewals- I would like to note that the Que Bar is up for renewal. And it is disturbing it has a very high number of arrests for people under the legal age. It has had 37 visits year to date as of the end of August. And 46 arrests there which is 1.24 average of arrests per visit. Way above our 1.06 average for the whole city. And I would like to move that we remove this from the consent calendar and defer it for action to our next meeting, realizing and taking into account what our City Attorney said, that we cannot base our rejection solely on this but- we also are going to be receiving other information soon on a regular basis and I think this warrants a closer look to see if it is hurting the health, welfare and safety of the city. And so move that we defer consideration of this item to our next council meeting. Lehman: Is there a second to that motion? Pfab: I will second that. Lehman: Moved by Kanner, seconded by Pfab to defer item c(5) to the next meeting. Is there discussion? Kanner: I wanted to ask Steve- are we going to be getting that information that the Police Chief was talking about soon? Atkins: Yes we are. We are going to put that together in the form of some sort of systematic way to get it to you. But, yes we are. Dilkes: I don't anticipate that that will be ready until probably the first of next year. January is what I am shooting for. Kanner: I don't know if we are talking about the same information. Dilkes: You aren't talking about the procedures for the- Atkins: No. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #4 Page 7 Dilkes: Okay. Kanner: Can you explain what we are getting? Atkins: This basically is having a more detailed response for the council's respect- calls for service, response to those calls- based upon these licensees. We are trying to systematically prepare something so that we can get it in a routine fashion to the council. So it shouldn't affect what you have to do. Champion: I appreciate your efforts Steve. I am not going to support your motion because I think it is inappropriate at this time. But I don't mind your making the motion and I appreciate you finding out all of these little statistics that you do each meeting. Wilburn: Are you thinking since we don't have data information relative to all of the other applicants? Champion: Right. I just don't think it is an appropriate time to postpone this decision although I think it is not a bad thing to do. I just don't think we pounce on that. I think we have to have more of a reason to do it. Vanderhoef: I wanted to look at also how this factors into all of the things that happen downtown. And this one taken by itself is very directed at one establishment and other establishments probably have similar records and I want to see how the police department puts this whole number situation into perspective for us. Pfab: I have a question. Does this jeopardize the- is there a time pressure to get this taken care of or if by taking it up at the next meeting will that cause any unnecessary delay? Karr: This is a straight renewal and a straight renewal is automatically renewed as long as the proper papers are filed in the Clerk's office awaiting council action. So it will just hold over. Pfab: When do these- when is time- when does the time get to be critical? Karr: The state will allow the establishment the latitude awaiting council decision to remain open. Pfab: So there is not a problem for them to- Karr: Certainly not in two weeks, no. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #4 Page 8 Pfab: So, in other words, it will not cause unnecessary work for the establishment? Karr: The establishment's papers are all in order for council consideration. So they await council direction and no recommendation will go to the state until that time. Pfab: And the fact that no recommendation goes to the state until after the next meeting would not cause a problem for the establishment? Karr: It will remain open. Pfab: Okay, I would say it might be a- I would encourage that we take a hard look at this. We have to start someplace. And this might be a way to staff. We probably won't do the first look at this in a perfect way but I think we need to staff. And I think we need to bring attention to the management of these different organizations. They have obligations to the city and the citizens and I think it is our obligation as council people to help encourage them to take those responsibilities seriously. So I would support you. Lehman: I certainly sympathize with the intent here. However, I will not support that.. And I won't support it because I believe that if we are going to change the rules when it comes to liquor licenses or beer licenses that those rules need to be explained to those folks who are applying for the renewals instead of being a surprise at a council meeting without any previous notifications. Other discussion? Pfab: Can I speak to what you just said? I don't believe this is a surprise or I don't think this is causing any- Lehman: It has never been done before. It has never been suggested before so by that nature alone it is a surprise. Pfab: Well, but it doesn't, in itself, it doesn't huff the establishment other than it maybe draws a little unfavorable publicity to it, which is unfortunate but that was their behavior and not ours that is that cause of it. Kanner: Dee and Connie- I would say we are not picking out bars arbitrarily. I chose this because this is the highest that I have seen since I have been looking at this. And I think it is not saying that we are going to decide on it in a negative fashion. That we are going to look at it a little closer, we are going to talk with our City Attorney and hear her full advise and we are going to ask our City Manager and Police Chief "Are there any other incidences involved with this bar that we might want to look at in total to see if they deserve to have a license?" Emie, I don't think it is a surprise This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #4 Page 9 when we are doing it in that fashion. It has to start somewhere for any item and it is not like we are saying we are automatically voting you down. We are deferring it for two weeks and it doesn't affect their business if it is deferred for two weeks. And if we find out that there are a lot of things happening at this bar that perhaps they are not deserving of renewal, then we will be able to see that. Or if we find that things are going along okay in the council's opinion, then we can renew it. Lehman: Other discussion? All in favor of the motion to defer item 5 for two weeks signify by saying "aye". All opposed same sign. The motion is defeated 5-2, Kanner and Pfab voting in the affirmative. Other discussion on the consent calendar? I want to point out that there is setting a public hearing for the plans and specifications of contract for the construction of the Washington Street transit interchange project, which we hope to get started shortly after the first of the year. Other comments? Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #5 Page 10 ITEM NO. 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]. Lehman: This is a time reserved on the agenda for the public to address the council on any item that does not otherwise appear on the agenda. If you would like to address the council please sign in, give your name and address, and limit your comments to five minutes or less. Dietetic: I am Caroline Dietetic. An article appeared in the March 20, 1930 New York Times reporting that "Yale poll indicates more drink earlier" and "larger proportion of freshman than seniors use liquor before entering University". The survey involved 2648 students of Yale, of whom 1871 drank. Of those who drank, 1353 began drinking before entering college. It looks to me as though things haven't changed much with college drinking, and bearing in mind that this survey was taken in the midst of the prohibition era which ran from 1919 to 1933, when having any alcohol at all was illegal for everybody. I think Johnson county could bankrupt itself building jails to put students into and not change things very much except that a lot of other more worthwhile community efforts would lose funding. Prohibition doesn't work. If anything, it exacerbates the problem and makes people, especially the young, want to drink more expressly because it is forbidden. Tickets and fines, plus being required to clean up the trash and barf on the Ped Mall, would do a lot more to solve the problem than a 21 only ordinance or city limits on sales. The jail price tag- the proposed new jail- is $20.3 million. But it will cost closer to $35 million when the interest payments on the bond issue are added to that. The sheriff himself has estimated that the operating budget of the proposed new jail will be $4 million, which is double the current $2 million budget. There are alternatives available to reduce the numbers of people in jail that cost nothing. There are other alternatives to reduce inmate crowding that cost millions of dollars less than $35 million. They are being used in Linn County and why not here? Ironically, a typical Iowa City incident that wasn't planned, it was just chance as far as I can see, the individual who today is pictured on the front page of the Daily Iowan and who expresses in the accompanying article his great concern about student drinking is in fact the architect for the new jail- the single individual who will profit most from the construction of the new jail. As a taxpayer of Johnson County I urge the city council and all Johnson County residents to vote "no" on the proposed jail. Proposition A is on the back of the ballot. Turn it over, find it, and vote "no". Save your money for something worth while. Thank you. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #5 Page 11 Benz: Good evening. My name is Lori Benz. I live at 2012 Dunlap Court and I am a member of the Senior Center Commission. And I am here this evening at their request to give you a brief update of the activities at the center. And specifically the progress with the fundraising that is occurring toward the skywalk that the center commission is very much in support of. We are currently approaching $73,000 toward a $120,000 goal. And I understand that Linda Kopping and our chair Jay Honohan have met with the architects and city officials- city staff I should say- to look at the basic project design that will allow the skywalk to enter the senior center at the second floor level. That will allow direct entry and the loss of one office at that level. However, it will allow immediate access for those that may have difficulty coming to the center and finding their way by other means that would require them to walk further. You should be receiving cost estimates of the change in the design, I understand, in a couple of weeks. So you will have an opportunity to review that at that time. I also wanted to mention that in support of that fund raising, the Senior Center is working with Younkers- both the mall store and the Coralville- the downtown mall and the Coralville mall stores on a special benefits sale that they will be having in November. And we will be able to receive 100% of ticket sales that we sell to the event that will be publicized in the paper in the next few weeks. So you will be hearing more about that. There is also some water proofing work that needs to be done around the exterior of the Senior Center but that will have to be delayed due to the amount of the bid that came in over the expected amount. So they will be looking- Linda and the other staff will be looking at that bid to see if it can be resubmitted. I would be glad to answer any questions that you might have. Pfab: You had mentioned that you were going to see if it could be resubmitted- the bid? Benz: Yes, the waterproofing bid. Pfab: I understand there was only one bid. Is that correct? Benz: That is my understanding. Pfab: And it was rather high? Benz: Yes, I think it came in about 27% over what they expected. So it will need to be resubmitted. Pfab: And if the work isn't done you have a good possibility of having water damage in the lower level? This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #5 Page 12 Benz: Yes, that is a concern. Definitely. That is why the work needs to occur. Pfab: Is that where you just laid new carpet and what not? Benz: It has been completely refurbished with new carpeting and wall covering and so on- yes. We would like to see that happen as soon as possible but understand the need to have the bid resubmitted because of the cost too. Pfab: Are you- is there any other way to help cover that cost? I am just asking because I don't know. Benz: Are there other funds available to cover that cost? I can't say that I know that either. I would have to ask specifically the director about what the budget permits. Any other questions? Thank you. Lehman: Thank you. Carol de Prosse: If I could see better this wouldn't be such a problem. Hi, my name is Carol de Prosse. About a month ago I went up on a Friday night to the Pedestrian Plaza with a group of friends- there were five of us. And we went up about 12:30 at night and stayed to about 3:00 in the morning. We went up, the five of us, with two video cameras so that we could film whatever happened on a wild Friday night on the Pedestrian Plaza. It turned out to be a really rather interesting evening in many ways. A lot of it of course is just because of the observances and the opinions and things that I formed about what was going on up there. But one of the things that struck me at the time and that has lingered with me since- particularly since I am active in trying to encourage people to vote against the proposed new jail, was the question of the allocation of resources. Because in the time that I was up there during these hours there were three Iowa City police cars parked in the kind of like apron in front of the entrance to JC Penney's. There were 3-5 more Iowa City police cars kind of making a round in the downtown area- kind of going down Burlington Street and my guess would be over Madison and up the one way and then down Gilbert and doing that. And then there was also something like a- kind of like what I call a community service car- it kind of looked like one of those that was in the area. And then there were a number of officers in uniform downtown and I assume from what I have read and know about the placement of officers in certain areas that there were probably some undercover officers active that night as well. So that seemed to me to be for this relatively small area of Iowa City- I mean, it can't be one tenth of all of all of Iowa City or one twentieth of all of Iowa City- this kind of focus on the Pedestrian Plaza and the downtown. It seemed to me that there was a huge kind of disproportionate allocation of resources perhaps. And that if I were a resident again of Iowa City I might feel more This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #5 Page 13 comfortable if I thought that instead of being down there those officers might have been out patrolling neighborhoods or being on duty for something that might be of more importance than what I sense that they were down there for. And with regard to that then, I have been reading about your consideration of passing this under 21 drinking ordinance or what ever it would be called. And I strongly encourage you not to do that- particularly when I read about all of the accompanying use of resources that would be involved in trying to monitor and police and bring all of that under control. I don't remember what I read in the paper anymore but it seemed to me as though it was rather enormous that we be sending police officers in to try to monitor the inside of these bars. And the thing that bothers me about that because of the way some of the Iowa City police operate is that I think that it also would be serving perhaps as undercover agents and looking for people then who are doing other things. And it seems to me to be kind of a- maybe perhaps a mild form of entrapment or something that I don't really favor. And I was thinking again then about this allocation of resources and thinking about how I read in the paper the other day that I think it is the Fire Department that has said they are badly looking to expand and that they need more firemen. And I think about all of the really- you know, everybody finds our firemen admirable and the amazing things that they do to protect people's lives first of all and then their property. And we have a great deal of respect for our firemen. I do my do my rural volunteer firemen and I do Iowa City firemen. And I think how that respect is being lost for our officers of the law because of the fact that I know it is very hard- believe me, I believe this is hard for some of you to understand this but there is a resentment in this community that is brewing around your police department and I only ask with all sincerity that you just try to open your mind to that because I think there are answers to it. And that would be far more productive than it seems to me perhaps this kind of war we are in with the students at this point in time. And with that, I would just like to say that if you are going to look at budgets that maybe some of the police money could just fund a few less officers and be transferred over to the fire department instead. And if you would like to see any alternatives that we have to the new jail please go to our brand new website- it is just up and started- www.nojail.com. And there yOU will see a list of alternatives that we have- most of which cost absolutely nothing but would require policy changes. And then that would put us in a position of being able to better evaluate how much we actually need to spend- if anything- on a new facility- a jail facility- and any kind of accompanying services to support that. So, thank you. Lehman: Thank you Carol. Daly: Hi, my name is Dan Daly. I live at 2325 Mayfield Rd. I am proud to be a citizen of Iowa City and a property tax payer and a parent here. I am here This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #5 Page 14 to talk about traffic on First Avenue. First Avenue is dangerous. The Johnson County accident report lists for high accident locations on First- the Iowa Department of Transportation has reported 324 accidents on First between 1993 and 1998. 114 of these caused personal injury. The property damage alone was almost $700,000. This should come as no surprise. The current traffic overburdens of First Avenue- city planners and other extension boosters admit extending it would bring more traffic. How much more? Nobody knows. Planners tweak their traffic models in ways they can't explain to us and they get numbers they tell us not to believe. A 1998 extension model forecasts 20,000 cars on First Avenue south of Rochester- they called the figure raw and unreliable. And they are right. You can't put 20 gallons in a 6-gallon bucket. If20,000 cars pour down a 6,000 capacity road they will spill onto the side streets. First overflows at Court Street now. Cars back up for blocks and impatient drivers scoot down Second and Third. An extension would be expensive. Supporters tell us there are no plans to widen First. Well, it is no wonder. They are afraid that the sticker shock would scare voters. It is not cheap to tear out and replace mail boxes, driveways, trees, telephone poles, sidewalks and storm drains. It is expensive to add lanes, lights and crossing guards. When the city seizes somebody's land to widen a road the taxpayers have to foot the bill for that. After extension, the need to widen would be painfully obvious. Plans would appear. We would spend millions fixing our mistake and we would still have a road that is much more dangerous than it already is. East of the river are public Junior, Senior High Schools border First Avenue. So does Hoover Elementary. Regina is literally only a stone throw away. Over 3000 kids attend these schools. Where First Avenue has sidewalks, they are narrow. Some of them are right next to the curb. Now, if something is going to be an arterial street, it needs wide sidewalks that are set back from the street. There is a lot of arterial street standards that First can never hope to meet. Now, when roads exist in predate standards, cities can avoid prosecution. But new construction courts liability. Iowa Department of Transportation report HR234A An Engineering Study to Update the Iowa Transportation Laws, chronicles our rich heritage of taking cities to court for ignoring road standards. They lose and we pay. Now, voters rejected this extension in 1997. Our own Iowa City sponsored citizen planning groups did it in '98. So, why is the city defying the will of the people in this? It can't be because our biggest newspaper owns land that the extension would open up to development. Although their coverage seems to support this. Lehman: You need to wrap this up Dan. Daly: Our biggest private employer (can't hear) to exploit it. Retired executive Bob Elliot leads the extension booster charge. Corporate convenience This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #5 Page 15 doesn't justify doubling ambulance traffic on First. Hickory Hill park- in many ways our best- is in danger. Elsewhere we are assaulted with traffic noise and exhaust fumes. We have plenty of room now to grow without doing further damage to this treasure. The extension is redundant. A short distance from First is Scott Boulevard. On this arterial wonder you can cruise at 35 miles an hour. You don't risk hitting cars backing out of driveways every 50 feet. Next year it will finally connect to Dodge. 20 years ago Scott became- Lehman: Dan, you are going to have to wrap this up. Please? Five minutes is what we allow. Daly: When the (can't hear) of cars and people collide, people have the right of way. I hope you will save our taxes, save our park, and save our kids by voting yes and taking this back out of the budget. Thank you for the opportunity. Lehman: Thank you Dan. Kanner: Ernie? At a previous meeting you asked about my quotation of the 20,000 figure and you asked if I had confidence in the figure and/or the staff. And obviously you are for the extension and I am against the extension and we have spoken as a council- but I think it behooves us to come together and say let's get an independent analysis of the raw figures- Lehman: We are in public discussion. If we want to talk about that during council time or something fine, but let's get through public discussion. We have a whole meeting and we have folks waiting on other items on the agenda. If you wish to bring it up during council time and place it for a work session I have no problem with that. Kanner: Okay. Lehman: Other public discussion? The next item is planning and zoning matters- 00pS! Almost. Rooks: Hi, can you hear me? Lehman: Sure. Rooks: My name is Wendi Rooks and I am here to represent the Broadway Improvement Group. I am part of the neighborhood advisory council. We just wanted- we have some people here from the Broadway area and we just wanted to say that the highway 6 improvements- we would like that to stay. I don't even know how I want to say this- This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #5 Page 16 Lehman: Prioritize. Rooks: Yes- it is very important to us. We are trying to do a lot of improvements in the Broadway area. Actually, I live on Taylor Drive and I have been in the Broadway area for 9 years. So I have seen everything come and go and we would like for this to stay. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6 Page 17 ITEM NO. 6. PLANNING AND ZONING MATTERS. Lehman: I need to point out and I don't always do this but I think it is important- and I probably should. Council's policy generally is not to react to comments made during public discussion. Our failure to respond to anyone who speaks before the council does not indicate our agreement with or our disagreement with anything they happen to say. So we are here just to receive information and we do that. a. PUBLIC HEARING ON AN ORDINANCE AMENDING AN APPROVED OPDH-12 PLAN TO ALLOW A 40-UNIT ASSISTED LIVING BUILDING ON 2.87 ACRES LOCATED ON THE SOUTHEAST CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD. (REZ00-00020). Lehman: The public hearing is open. McClure: My name is James McClure and I am with the Dial Land Development Corporation that is developing the project. My first thing is what questions do you have with the project that I can answer that may expedite things instead of me rambling on here about anything? Lehman: We had this work session last night and I guess I didn't sense that there was any particular concerns on the part of council for what you are proposing. The council people obviously are able to speak for themselves but-. O'Donnell: I certainly didn't have any concerns. McClure: Pardon? O'Donnell: I didn't have any concerns. McClure: I didn't hear you yet. O'Donnell: What? McClure: I didn't hear you. O'Donnell: I didn't have any concerns. Wilbum: I support the project but some of the letters that we got were about things that at least in my mind (can't hear) are more directly related to this rezoning, but there was questions about the detention basin and there were This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6 Page 18 concerns about some mowing of grass near the area. Did we get a response to those? Atkins: Karin can answer those. Wilburn: Karin, did we give a response to those concerns to the people that expressed concern about that? Franklin: The weed issue Dial responded to immediately on site and took care of that. Wilburn: I thank you for that. Franklin: The detention basin issue had to do with the neighbors, Mr. Wolf of Modern Manor and Mr. Prybil who owns property to the east and I think a couple of residents of Modern Manor who were concerned about the wet bottom detention basin and whether this should be fenced. There was quite a bit of discussion about that or some discussion about it at the planning and zoning commission. We have not required the fencing of wet bottom detention basins in other developments in Iowa City. We have one right across Scott Boulevard in Village Green where there is some fencing but it is not totally prohibitive fencing. We also have a wet bottom basin at West Side Park. I think- to point out- in LakeRidge Manufactured Housing park owned by Mr. Wolf, there is a lake which is not fenced. So the commission decided not to pursue any requirement to fence the basin. Lehman: Are you saying that the retention basin in this development is not unlike other detention basins through out the city where wet bottom basins occur? Franklin: That is correct. Lehman: Thank you. Wilburn: I thank you for taking care of the mowing. That helps us out. Kanner: I had a question for you. So, have you talked to these people- I assume you have had discussion with the ones who have protested initial rezoning attempt- Prybil, General Partnership and Modern Manor- have you been in dialog with them? McClure: We have been in dialog previously with them. We haven't heard any more- we were at the hearings with the planning commission and none of them were here on those concerns. They didn't have any concern that I This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6 Page 19 saw with the project itself. Merlin- he is with us. He has been with the project longer than I have and he can tell you all of the correspondence they have had with them. Lawrence: We have met with them. In fact, we have a- we actually moved the detention pond at their request and had them sign off where we moved it to, and they saw the plan (changed tapes) I guess in the issue that we are here before here, it is not even on the land that we are talking about. Lehman: Right. Lawrence: We have tried to be a good neighbor. And so we moved the detention pond. At a considerable expense we did that. Kanner: It sounds like you are having good dialog and you are being a good neighbor. Lawrence: In fact, after that Planning and Zoning} (can't hear) was in Omaha for a tennis tournament and came up to our office and we talked. But we do have a set of plans that they signed off on. Both parties- both him and Mr. Wolf. Karr: Excuse me sir, could I have your name for the record? Lawrence: Merlin Lawrence. I work for the Dial Company. Karr: Thank you. Lehman: Any other questions? The hearing is closed. Karr: Motion to accept correspondence? O'Donnell: So moved. Lehman: Moved by O'Donnell. Vanderhoe~ Second. Lehman: Seconded by Vanderhoefto accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6b(1) Page 2o ITEM NO. 6b. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) AND NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC- 20) TO MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) FOR FOUR (4) PROPERTIES ON THE SOUTH SIDE OF THE 900 BLOCK OF IOWA AVENUE, SEVENTEEN (17) PROPERTIES ON THE 900 AND 1000 BLOCKS OF WASHINGTON STREET, TEN (10) PROPERTIES ON THE 100 AND 200 BLOCKS OF SOUTH SUMMIT STREET, FOUR (4) PROPERTIES ON THE EAST SIDE OF THE 10 AND 100 BLOCKS OF GOVERNOR STREET, THREE (3) PROPERTIES ON THE WEST SIDE OF THE 1000 BLOCK OF MUSCATINE AVENUE, AND FIVE (5) PROPERTIES ON THE 900 AND 1000 BLOCKS OF COLLEGE STREET. (1) Public Hearing (Continued from October 3) Lehman: The public hearing is open. Brokken: Good evening, my name is Joe Brokken and I live at 200 S Summit Street. I am a member of Summit House Cooperative and I represent Summit House to the River City Housing Cooperative's board of directors. I am not here this evening to call names or make personal attacks, which I guess went on last week. I would just like to talk a little bit about my single-family house. Though the city recognizes us as a boarding house we function just like any other single-family house. We do chores together such as recycling, grocery shopping, and cleaning. We come together for dinner each evening. We discuss issues and upcoming events on Sunday nights. And the list goes on from there. In fact, we are in every way just the same as a single-family home, fight down to the birthday cake. Each building in my neighborhood has its own little quirk and 37% of those buildings have a quirk that deems them non-compliant under RS-8. Our quirk is that our single family home isn't made up of blood relatives. The quirk of the Mosterfavi house is that they have one too many bedrooms in each of their apartments. These simple examples display the lack of consideration RS-8 shows for our neighborhood as a whole. The members of RCHC support the planning and zoning commission' s proposed down zoning to RNC-12 for our house and the surrounding area. Though RNC-12 still leaves two buildings non- compliant, we trust the commission's choice as being unbiased and as fair as possible. As a side note, Sunday evening the members of RCHC discussed the RS-8 and the RNC issue and would like to have any signatures or support otherwise given to RS-8 removed from the record. We apologize if we came off as misleading, but would like to assure the council that we would never support such a biased and unfair document. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6b(1) Page 21 In conclusion, those who speak after me in support of RS-8 may call me a transient or even uneducated. But no matter what they claim they can't make RS-8 right for the community because it simply isn't. And I am sure the council has looked over these notes and possibly seen the biases within them. And I trust your decision. Have a good night. Lehman: Thank you. Lynch: Hello, I am Michael Lynch and I am currently the president of the River City Housing Collective. And I am speaking on behalf of the board of directors tonight. When RS-8 was proposed it was based on a good idea. It promises to keep rental companies from tearing down nice, preexisting structures and putting up a series of ugly unkempt apartments. It does this by keeping the number of people per acre down to a minimum. However, the problem is that the people who proposed the down zone did not consider the full impact it would have on this neighborhood. Under the RS-8 we are considered a non-conforming entity as well as 15 other homes. That is 37%. What that means is that under the auspice of keeping out apartments, the housing rights of current residents will be severely limited. If one of these non-conformists were to bum down, they would be unable to rebuild to the fonner capacity. Moreover, as a part of the community, we would like to sustain the current mix of housing options. Right now rental housing, Greek houses, and (can't hear) communities such as ourselves, and single-family homes all contribute to keeping this neighborhood diverse. Unfortunately, by instituting RS-8 the community develops an unwelcoming front towards houses being non- conforming. In contrast, RNC-12 meets the original goal of the RS-8- to keep out apartments- while successfully preserving the diversity of our community by allowing all but two of the current houses to remain legal conforming entities. In a neighborhood that is already 30 to 40% rental and multi family, it is understandable the residents are concerned about possible developments in the future. But it is also counterintuitive and illogical to turn it into a single-family neighborhood. Furthermore, this area will continue to be- there will continue to be a demand in this neighborhood for multi family housing. It makes this area less than desirable for a single family down zone. Lastly, I would like to point out that the connotations connected with single family and (can't hear) a lot of unintended prejudice against altemative life styles. You cannot in this city and in this century (can't hear) to exclude all but the nuclear family- especially in a neighborhood five blocks from downtown. It simply won't stand. Thank you very much. Lehman: Eleanor, I am about to do something which may not be appropriate so you can tell me if it isn't. But before we get other folks who speak to the RS-8 use, I guess I would kind of like a- I don't sense there are any interest on This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6b(1) Page 22 the part of the council in down zoning this large portion to an RS-8. And so if other folks are interested in speaking to the RS-8, it might save them some time. Shouldn't do that, tight? Dilkes: Well- probably not. I think you just need to let the public heating run its course and then you can take your action. Lehman: Strike that. Who else would like to speak at the public heating? Champion: Well done. Pfab: You have been practicing that for a long time. Lehman: (can't hear) I won't have another opportunity either, will I? Anyone else who would like to speak at the heating? The public hearing is closed. Karr: Motion to accept correspondence? Vanderhoef: So moved. Kanner: So moved. Lehman: Moved by Vanderhoef, seconded by Kanner. All in favor? Opposed? Motion carries. Do we have a motion? Champion: I would like to move that we consider the ordinance to rezone 11 properties to RS-8- Lehman: No, excuse me. We have to do number 2 first. We can vote it down but that has to be done because the proposal was for an RS-8, which has to be defeated, and then we can pass the recommendation from the planning and zoning commission. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6b(3) Page 23 ITEM NO. 6b. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) AND NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC- 20) TO MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) FOR FOUR (4) PROPERTIES ON THE SOUTH SIDE OF THE 900 BLOCK OF IOWA AVENUE, SEVENTEEN (17) PROPERTIES ON THE 900 AND 1000 BLOCKS OF WASHINGTON STREET, TEN (10) PROPERTIES ON THE 100 AND 200 BLOCKS OF SOUTH SUMMIT STREET, FOUR (4) PROPERTIES ON THE EAST SIDE OF THE 10 AND 100 BLOCKS OF GOVERNOR STREET, THREE (3) PROPERTIES ON THE WEST SIDE OF THE 1000 BLOCK OF MUSCATINE AVENUE, AND FIVE (5) PROPERTIES ON THE 900 AND 1000 BLOCKS OF COLLEGE STREET. (3) Consider an ordinance to rezone 11 properties to RS-8 and 32 properties to RNC-12, as recommended by staff and the Planning and Zoning Commission. (First Consideration). Champion: I would like to consider an ordinance to rezone 11 properties to RS-8 and 32 properties to RNC-12 as recommended by staff and the Planning and Zoning Commission. O'Donnell: Second. Lehman: Moved by Champion, seconded by O'Donnell. Discussion? Champion: I am going to support this ordinance. I think it is good for the neighborhood. I think it is also good for other property owners that are there. To maintain this neighborhood as it is, is the right thing to do. O'Donnell: And I think that council sent a clear message with Governor and Lucas that we are interested in preserving the integrity of the neighborhood. So I also will support this. Kanner: I am going to offer an amendment to the resolution- be resolved that all properties listed in this rezoning request be rezoned to RNC-12. Lehman: We have a motion by Mr. Kanner to rezone the entire area to RNC-12 rather than splitting it up between RS-8 and RNC-12. Is there a second? Pfab: I would second that. Lehman: Motion by Kanner, seconded by Pfab. Discussion? This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6b(3) Page 24 Kanner: I would like to state that I think that ditto to what Mike said and to Connie. I think the conservation effort is a good effort and I think that is what belongs for the neighborhood. I think it is a good mix right now. And I think that the part that is proposed for RS-8 fits more in with the west of Muscatine area- for the rest of the RNC-12. I think it is more natural to be part of that. Even though Muscatine is not an arterial I think it is a dividing line. And I think that we have to be careful about down zoning more areas, especially closer to downtown. I don't think we are at risk for that small section changing drastically. I think if in years to come there is someone that builds a duplex there I don't think it is a terrible thing. I think it could be a benefit to the neighborhood and could help with housing problems a bit. And I think if we are going to consider down zoning that low we have to think about up zoning in other areas and think of the bigger picture. I don't think our city can afford to down zone that much and lose that possibility perhaps in the future of having that space available for a bit denser housing. So that is the reasoning behind my proposed amendment. Lehman: Other discussion of the amendment? Pfab: I believe that maybe this is something that we ought to take a look at. I, at this point, can't say I would support it but I think that there may be some needs for some flexibility in this area as close to downtown as it is. And that is where I would leave it. Lehman: I don't know what you said. Pfab: In the sense of locking it in as single family houses this close in to downtown or relatively close into downtown- may or may not be appropriate. I just don't know. O'Donnell: Were you here during the Governor and Lucas problem we had here a couple of weeks ago? Pfab: Right- I was. O'Donnell: And- you know, and Steven, I kind of agree with you but a little bit can do an awful lot of damage to a neighborhood. We showed that on Lucas Street. I think we should vote on this. Lehman: I will definitely support the RS-8 for that area. It is primarily RS-8 right now. I don't think it presents any difficulty for those neighbors to have that down zoning and it certainly will help protect the character of that neighborhood, which is precisely why we are here. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6b(3) Page 25 Pfab: Will RNC cause a deterioration of that neighborhood? Lehman: I don't know that you can say any zone causes a deterioration. Vanderhoef: It changes the rules, definitely, of what can happen there. Franklin: What the RNC 12- and what I am assuming you are talking about is the piece by Washington and Muscatine? Lehman: Right. Franklin: What the RNC 12 would allow is the conversion of more dwellings to duplexes. That is a change from what they are now. Pfab: Do you know how many would qualify there? Does anyone know? Lehman: Under an RS-8- Franklin: It was like the difference between- in RS-8 there could be one and in RNC-12 there could be 8- is my recollection. Champion: That would make a major difference. Lehman: Yes. Franklin: So that is the distinction between those two. Kanner: But that assumes that people are going to swoop in- which they haven't been doing for the last ten years in that section- or however long. And are going to swoop in all at once and convert all of the eligible ones to duplexes. And I don't believe that is going to happen. I think that we have a history of over the last ten or twenty years in that area of single families mixing in well with others and if a duplex does happen I don't think it is such a bad thing. And I think we have to also be concerned with possible gentrification where prices go up and up and up when you down zone, and makes it more and more unaffordable. I was talking to someone who bought a home there like ten years ago and they couldn't afford that home today. Champion: That is true of most people who live in most houses. That is not a phenomenon for that street. O'Donnell: There is nothing unusual about that. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6b(3) Page 26 Kanner: I think it has accelerated Connie, when you down zone that. And I think our job as council- these people are working hard and to us individuals they are not going to stop that. But if we put in a mix there that the RNC- 12 allows, which conserves basically, I think that is a good mix. Champion: I would be willing to make the whole thing RS-8 except for the neighborhood is already well established as a mixed neighborhood. I am going to make sure that somebody can't swoop in there and tum all those houses into duplexes. And I am going to vote for (can't hear). O'Donnell: What is all of this swooping? Pfab: It is a new word. O'Donnell: I don't think anybody is going to swoop in either. But could it happen? Yes, it could. Lehman: Excuse me- I am sorry Mike. I almost swooped on you. O'Donnell: That is all right. Lehman: The reason we are here is to see to it that the swoops stay out. Is there any other discussion on the amendment? O'Donnell: Absolutely not. Lehman: All right. All in favor of the amendment that would change all of this to RS-8 say "aye". Several: RNC-12. Lehman: I am sorry, RNC-12. O'Donnell: (can't hear) Lehman: I swooped out. Say "aye". The amendment is defeated 6-1, Kanner voting in the affirmative. Now, is there further discussion on the motion as it was originally made? Vanderhoef: I would just like to say I definitely support the RS-8 in the area that has been designated. I also have some sympathies for the RS-8 on the western end of that block where there are several single family dwelling houses. However, the way zoning laws are written, it becomes an island out there if we do RNC-12 with the properties that are in the middle there and then to the south. Surrounding this whole neighborhood we have RM-20 1 This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6b(3) Page 27 believe it is, and that is even a higher density than what we have. I can't change the zoning laws on islands. Therefore, I will support the RNC-12 but I truly wished I could make that section a RS-8. Lehman: Further discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6f Page 28 ITEM NO. 6f. CONSIDER A RESOLUTION APPROVING A FINAL PLAT FOR THE RESUBDIVISION OF LOT 52, WALDEN HILLS, A 4.89- ACRE, 19-LOT RESIDENTIAL SUBDIVISION LOCATED ON THE WEST SIDE OF SHANNON DRVIE SOUTH OF WILLOW CREEK. (SUB00-00018) Vanderhoef: Is the grading plan ready? Lehman: I just got the yes. Vanderhoef: Okay. Lehman: She will tell us if it isn't. Do we have a motion? O'Dormell: So moved. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6g Page 29 ITEM NO. 6g. CONSIDER AN ORDINANCE DESIGNATING THE PROPERTY LOCATED AT 13 S LINN STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ00-0019) (PASS AND ADOPT). Wilburn: Move adoption. Kanner: Second. Lehman: Moved by Wilburn, seconded by Kanner. Discussion? Kanner: I just want to note I see things going on there- refurbishing on the outside. It looks nice what is happening there. I don't know if that is a result of this consideration or not. But it is good to see. Lehman: Okay. Other discussion? Roll call. Vanderhoef: Wait a minute. Lehman: I am sorry. Kading: My name is Scott Kading and I actually own the building at 13 S Linn Street. And we have spent a lot of time and money fixing and restoring it to how it was when it was built. That is all I have to say and thanks for your time. Lehman: Thank you for doing it. O'Donnell: You are doing a good job. Vanderhoef: It looks great. Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #6i Page 3o ITEM NO. 6i. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WESTCOTT HEIGHTS, PART THREE, A 102.6 ACRE, 53-LOT RESIDENTIAL SUBDIVISION LOCATED IN JOHNSON COUNTY ON THE WEST SIDE OF PRAIRIE DU CHIEN ROAD, SOUTH OF NEWPORT ROAD. (SUB00-00022). O'Donnell: So moved. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion? Kanner: I am going to be voting against this and number k, and just briefly state once again that I think that the city should take the lead in advising Johnson County on the need for filling its land use policy and for doing infill first before it rezones new areas for residential. At the least, if it does go outside of its planned residential areas and rezones to residential, I think there should be other areas from the 10,000 acres that are available for residemial that should be zoned back to agricultural. And I think it is appropriate for the city to recommend taking the lead on this issue of sprawl and the issues of infill. Lehman: Other discussion? Roll call. Motion carries, 6-1, Kanner voting in the negative. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #7 Page 31 ITEM NO. 7. PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. b. Consider a resolution approving. Lehman: Do we have a motion? Vanderhoef: So moved. Wilbum: So moved. Second. Lehman: Moved by Vanderhoef, seconded by Wilburn. Discussion? Champion: I just have a little question because I am- how much money are do you think they are planning to raise by donations? Lehman: We asked that last night. Champion: I wasn't here. Lehman: We don't know (can't hear). Atkins: I can repeat for you Connie what Terry told us. The Babe Ruth folks are usually quite good about getting materials donated and things such as that. And his number, based upon that question last night, was the city expense should be in the $150,000 range. And that they would hope to get $50,000 in contribution of materials and other things to offset total project costs. Champion: So we are kind of matching the money 3 for 1 ? Atkins: Yep, in this case it is. Champion: Is that a profit making institution for us? Lehman: It just cost us $150,000, I don't think so. Atkins: You could go out- if you have been to the park- the building is in need of reconstruction. Champion: I know it is. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #7 Page 32 Vanderhoef: What we are also going to get out of this is that they are going to fix up the old stand that is out there and make it for some more storage space for Parks and Rec. Pfab: Steve, I thought the way you started out that you were going to answer the question the way Terry did last night. Atkins: I was going to explain the dent in the roof?. Lehman: You (can't hear) Pfab: No, ifI remember right, didn't he say in answer to your question "I don't know"? Atkins: Initially he said that and then (can't hear). Champion: I was just looking at all of these things that we fund- 3-1, 2-1, and I am not against any of them. Please don't misunderstand me. But I am kind of thinking of the Englert. Lehman: We already did that. O'Donnell: They've got a concession stand. Champion: Oh, do they? Anyway, it is a great idea and I appreciate that the Babe Ruth baseball (can't hear). Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #8 Page 33 ITEM NO. 8. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 2, ENTITLED "HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES," SECTION 2-3-2, ENTITLED "PUBLIC ACCOMODATION; EXCEPTIONS" TO EXEMPT DISCOUNTS FOR SERVICES OR ACCOMODATIONS BASED UPON AGE FROM THE PROHIBITION ON DISCRIMINATION IN PUBLIC ACCOMODATIONS (SECOND CONSIDERATION). Vanderhoef: Move adoption. Pfab: I have a- Lehman: Let's get a motion first. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Pfab: I believe I was checking my email- and maybe you did too- someone asked does that mean that fights for Senior Citizens will not be discounted? Lehman: It means you legally would be able to. Pfab: Okay, that was- that is what I understood it to mean but I thought I would just- somebody seemed to be concemed about that. Lehman: Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #9 Page 34 ITEM NO. 9. CONSIDER A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS FOR USE OF INTELLECTUAL PROPERTY RIGHTS ON PUBLIC ART PROJECTS. Vanderhoef: Move adoption. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Kanner: I had a question. Does this include more than the literary walk for any other future items, art pieces or anything else that might fall under this? Dilkes: Yes it does. Lehman: It says, "public art program projects". So I think it would be anything under the public art- Dilkes: As written it applies to all public art projects. Kanner: Okay. Lehman: Further discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #10 Page 35 ITEM NO. 10. CONSIDER A RESOLUTION AFFIRMING THE SELECTION OF ARTISTS AND SCULPTURES FOR FOUR OF THE DOWNTOWN PEDESTRIAN MALL SCULPTURE PADS. Champion: Move the resolution. Vanderhoef: Second. Pfab: Second. Lehman: Moved by Champion, seconded by Pfab. Discussion? Vanderhoef: I like what the public art group has chosen. It pains me to think that some art pieces have to be rejected because of safety to the citizens of what they might use the art project for. I particularly liked one of the pieces that had the moving parts on it and it was deemed not a real safe kind of piece of art to have down there. And I understand those concerns and I go along with the recommendation. It says something about the community when we have to take into consideration things like this that they will be defaced or someone will hurt themselves on it. Lehman: Further discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #11 Page 36 ITEM NO. 11. CONSIDER A RESOLUTION AMENDING TBE FY2001 OPERATING BUDGET. Vanderhoef: Move adoption. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Kanner: It looks like it is in good order. Lehman: I think it is. Atkins: It is. Lehman: It is. It doesn't just look like it, it is. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #13 Page 37 ITEM NO. 13. CONSIDER A RESOLUTION TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD BY AMENDING SECTION IV.E.7 RELATING TO NAME CLEARING HEARINGS AND REPEALING RESOLUTIONS 99-17 AND 99-103. Vanderhoef: Move adoption. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Kanner: We are on number 137 Lehman: That is correct. Kanner: I had a question about that. I was reading through that and I wasn't quite clear that it was presented the bylaws of the police citizen review board in entirety- and I didn't quite see where the correction was in that. There weren't any crossed out. Karr: It was the entire subsection number 7. Kanner: Entire subsection number 77 Karr: It is just two sentences. Kanner: Okay, let me just get to that real quick. Wilburn: 163. Kanner: 163. Annualreport? Dilkes: No, it is under IV, paragraph 7. Kanner: Page 161. It is basically- Dilkes: It is IV.e.7. Karr: Starting with "before the hearing". Kanner: Before the hearing, at the bottom of the page? Karr: That is correct. It is just two sentences and it just clears up any questions at the request of the Police Chief- it does then require the board to notify This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #13 Page 38 the officer of the criticisms before the name clearing hearing is presented to them. Pfab: If I understand that right- the officer goes in there knowing what the- pre- warned? Karr: The officer will be extended an invitation to attend the name clearing hearing and that invitation will include the proposed criticism. Pfab: Okay, so he will know why he is there? Karr: Correct. Dilkes: He will know when he is making a decision whether to attend what the proposed criticism is. Vanderhoef.' And this is an attempt- as I read the minutes from the PCRB- to get more officers to attend a name clearing session. They have consistently not attended those sessions and they were in the dark as to why they might be called to that session. Karr: I just want to clarify- it is not necessarily that they were in the dark because they chose not to .... (can't hear). Vanderhoef: But they didn't know what the criticism would be. So in that respect they were in the dark. It is how I was- Dilkes: They knew there was criticism, they didn't know what specifically it was. Pfab: I think I will pass over this without commenting in light of recent history. Champion: Well that would be a first. Lehman: Other comments or discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #15 Page 39 ITEM NO. 15. COUNCIL APPOINTMENTS. a. Civil Service Commission Lehman: Civil Service Commission, one appointment to fill an unexpired term ending April 2, 2001. The person decided last night was James Anderlik. b. Historic Preservation Commission Lehman: Historic Preservation Commission, one appointment to fill an unexpired term representing the College Green district ending March 29, 2003- Loret Mast. c. Housing and Community Development Commission Lehman: Two appointments to fill a three terms ending September 1, 2003. Amy Correia and could I have a motion to appoint those three? Vanderhoe~ So moved. Pfab: Second. Lehman: Moved by Vanderhoef, seconded by Pfab. All in favor? Opposed? Motion carries. d. Solid Waste Advisory Commission Lehman: This is a new commission which will have, I believe, seven members. We have had- being new, it has not had the kind of response that we expected it to have. In view of the response to date, we have decided to readvertise to hopefully have a larger pool of applicants to choose from. We will readvertise and make the appointments at which- Kay: November21. Lehman: November 21 meeting. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. # 17 Page 40 ITEM NO. 17. CITY COUNCIL INFORMATION. Kanner: I had some- Lehman: Connie? Champion: I just wanted to ask a question because I don't want to forget about it. When is the employee lunch? Does anybody have that date down? Lehman: November- Atkins: 16th. November 16th. O'Donnell: I volunteered. Champion: I will be there. Lehman: We should all be there. That is such a fun event. Vanderhoef: That is a great event. Lehman: It is kind of like flee lunch. Anything else Connie? Champion: No. Lehman: Mike? O'Donnell: Just one quick thing. Last Saturday I mowed my yard- (Several talking) Lehman: Did the inspection services finally get to you? O'Donnell: And- I was ordered to mow my yard. I had some yard signs out with candidates that I had chose to support and I was very careful to do the trimming around these. As it turned out, had I mowed Sunday I needn't worry about the trimming because the signs got stolen Saturday night. I don't know what this obsession is with stealing signs or kicking them down or spray painting them but it is really your expression, it is your fight to support the candidate or issue of your choice. And I really wish people would leave the signs alone in the yard. If you have traveled up Rochester you saw spray painting on signs. It is- it really bothers me to see that, so let people support their candidate or issue. And while I am talking about it- it is very important to register and vote this year. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #17 Page 41 Lehman: Thank you Mike. Dee? Vanderhoef.' Nothing. Lehman: Ross? Wilburn: I have two things. One- a few weeks ago was the Sexual Assault Awareness Proclamation. There was a rally in the Pentacrest. There was a call for one day without rape or violence against women. And there was some subsequent news articles and letters to the editor about this subject. I just wanted to say that I fully support the rape victim advocacy program and all of the efforts that they do and the other human service agencies that work to try and end violence against women. The second thing that I wanted to say or actually ask my colleagues up here- I would like to know if there are enough interested to have a work session to discuss- I would like to follow up with trying to name this room after Emma Harvat. I was under the assumption that it was going to be on a work session one or two times ago but it wasn't. So, is there enough interest to-? Lehman: Let's get it on a work session. Can we do that? Atkins: Just so you know- I had a call from her folks the other day and obviously these folks are active in lots of things that are going on now. They did ask that I put something on the agenda, with your approval Ernie, in December. If it is okay? Wilbum: That is great. Atkins: We will just go over it in December and have it on a work session. Lehman: Anything else? Wilburn: That is it. Lehman: Steven? Kanner: A few things. Since we weren't able to have a work session council time last night because of the lateness. One- I read an article recently about art available for University people from the masters program. And I was talking to someone in the community and they said that at one time Susan Horowitz made use of that or suggested that at least. I don't know what happened with that but the idea of University of Iowa Masters Art Thesis' perhaps coming into Iowa City buildings might be a good idea. It might be kind of fun and people would be able to pick it out. And I was This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #17 Page 42 wondering if we could look into that at all and see if there is the ability to make that connection with the University in sharing some of the art. Because apparently there is tons of far out- all types of artwork that is in the University that is son of buried. Sort of like Raiders of the Lost Arc, I guess. And a small percentage of it gets out into the light of day. So I was wondering if staff- if council agrees staff could maybe make inquiry into that. Champion: (Can't hear) Public Art people. Vanderhoef: A loan program type thing? Kanner: Yeah. Lehman: I think Connie maybe fight. If we ask the Public Art Committee to pursue that- finding the fight people at the University and pursue that. Champion: That is a great idea. Kanner: Okay. Pfab: So you are saying that only a small proportion is utilized because there is no demand at this point? No awareness? Vanderhoef: No display place. Kanner: There is no display and there is no demand. Apparently people in the University- anyone can rent it for $20 a year- or $20 they can go in and pick something out for their office. And we might be able to do that. So I think that is great to give it to the Public Art Advisory Committee. Champion: Where did you hear that at Steven? That is interesting. Did you read it somewhere? Kanner: I read it in the paper recently. And then I ran into someone who mentioned Susan Horowitz was involved with this in some way when she was on council. Okay, good, thank you. And I want to offer condolences to Betty McKray on the death of her husband Dean McKray. Betty is a long time senior dining volunteer at the Senior Center and she is a member of our Telecommunications Commission. She is active and her husband Dean died a couple days ago. A funeral is tomorrow at 1:00 PM in the Gay Funeral Home on Wednesday. And Dean- many people know- he was the owner of Whiteway grocery store downtown, where the new building is- the Whiteway building. Good folks. And I wanted to comment on a couple of things that were in our packets. We get in the This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. # 17 Page 43 information packets we get minutes from our informal session that we don't officially approve or disapprove. But there was some- we base some of our actions on those meetings and I wanted to correct something if the council approves. It was handed out by Marjan- let's see- IP6, sheet here- and it has to do with council time from October 2. And I think we made a policy statement and I would like to see if the council agrees with that. Basically saying that we were not interested in going back and assessing penalties against licensees. Karr: Dealing with the tobacco discussion? Kanner: Dealing with the tobacco discussion. Thank you. And I would like to know if council would agree with that assessment of our discussion. Champion: Wasn't that because the county attorney was going to be doing that? Kanner: This was saying that there are people- there are licensees that have had employees that were caught selling tobacco products to minors and criminal charges were brought against them. It was decided, I think informally, the majority of council said that we didn't want to go back and assess civil penalties against these people because we had not notified that we were going to start doing this. Champion: Right. Lehman: I think that is right. Champion: That is right. Kanner: Was that the consensus? Or the majority at least agreed? Champion: That we weren't going back for the same reason we didn't support your motion tonight about (can't hear). Lehman: I think it is important thought- is there a majority of council that feels it would be unfair to go back? I felt that that was accurate at the time- that we don't go back and start enforcing something we haven't been without giving notice. I think that was the consensus. Vanderhoef: That was the consensus of the group. Kanner: The transcript really didn't show that. But there was an informal sense there. Lehman: I think that is correct. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. # 17 Page 44 Kanner: Okay, so we just take this as- Karr: Done. Kanner: As done. Okay. Thank you. And I would just like to mention that we had a discussion about council involvement with collective bargaining process here in Iowa City and again it was done at our work session. Somewhat heated at times and the majority was against my proposal that council should have more involvement at- not substituting for our professional management team but to perhaps improve upon that by being notified of what is going on and perhaps having a council member be part of the negotiating team. I think it is a good idea and perhaps in the future council will be more involved than just voting up or down the final contract when it is presented to us. Thank you. Lehman: Okay, first I guess I would like to present the majority opinion when it refers to the collective bargaining process. If the council disagrees with me please join in. I think it was the collective opinion of the majority of the council that we have a work force that we are very, very happy with and a work force that we believe is very happy being employed by the city. We have negotiators who are directed to negotiate by the council on behalf of the people of Iowa City who care a great deal about our employees and about the community in which they live. We feel that we have a marvelous relationship with those folks and that the process that we are presently using is working very well and that to change that process might send a message that we didn't really want to send. And that was primarily why we chose, I think, not to have the council becoming involved in negotiations. I have two other things- I would like mention for the benefit of the public a former council (changed tapes) passed away a week ago. Her funeral was a week ago yesterday. He was certainly a dear friend of several members of this council and his wife was a lovely, lovely lady. And Dean certainly has our condolences in his time of loss. Next week there is an event which some of you may like to attend. At 1664 Dickinson Lane there will be a meeting with Jim Leach with the Greater Iowa City Housing Fellowship Community Land Trust. We have an owner who is going to be buying a home for the first time. It will be financed by- this is through a rather complicated sort of thing with Fannie Mae, Hills Bank and Trust Company, Nationwide Home Mortgages, etc. The City of Iowa City is a part of that program and there is a family who will be owning their first home through the joint efforts of a lot of folks. And that is at 4:15, Monday the 23rd. If anybody would like to attend that I am sure that they would certainly be welcome to be there. Vanderhoef: I would like to go. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. #17 Page 45 Lehman: And don't forget next Thursday- Human Rights Breakfast, 7:30 at the Union. Steven? This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000. # 18 Page 46 ITEM NO. 18. REPORT ON ITEMS FROM CITY STAFF. a. City Manager Atkins: In the conference room is a copy of the new zoning map. I urge you to pick one up. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 17, 2000.