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HomeMy WebLinkAbout2005-12-13 Transcription ~ P~l ITEM 2 OUTSTANDING STUDENT CITIZENSHIP AWARD - LINCOLN ELEMENTARY Lehman: If the young folks from Lincoln Elementary would come forward, please. This is a particularly meaningful evening because this is the last group of students we recognize this year. It's also the last group I'm going to have the pleasure of giving awards to. So, I would like each of you to read your name and tell us why you were nominated. Henderson: My name is Joe Henderson. Before I begin, I would like to thank all the teachers at Lincoln, including Ms. Cleric, who is here tonight, for helping me all the way from Kindergarten to the 6th grade. At Lincoln Elementary, I have been able to participate in the Safety Patrol, Tech Mentoring in the Computer Lab, playing a band instrument, working on the school paper, and reading with younger children. All the kids in Lincoln and I made hats for children and sent them to various charities, such as Cathy's Mittens. We will also send them to our sister school in Ixcatepac, Mexico. In the classroom, I assist my teacher by working on the intermediate website and daily chores, such as attendance. Once again, I am honored to be here tonight, and I thank you very much. (applause) Clancy: Hello. My name is Hannah Clancy. I am really happy to be here tonight. Some reasons why I think I have been awarded are I am a Captain on the Safety Patrol, I love to help out with the Kindergartners, I have (can't understand) for 3 years, I help students when they need it, I help with the newsletter, I am a Tech Mentor, and I try hard to be optimistic. Thank you for inviting me and thanks to my teachers for giving me this opportunity. (applause) Braverman: Hello. My name is Alex Braverman. I am really honored to be here tonight to represent Lincoln. Some of the reasons I think I was chosen are I am the Student Council President and a Safety Patrol Captain. I volunteer to help out with younger kids as much as I can. I am a Tech Mentor and one of the editors of the newsletter. I have served lunch for three years and participate in fundraisers for both Lincoln and charities. Also, I try to help other students, and when I do something, I try to do the best I can. Again, I really appreciate being here tonight. Thank you to my teachers and the City Council for giving me this award. (applause) Lehman: Well, first of all, the Council didn't give you the award. You earned it! (laughter) And most of us wish we had just a fraction of the energy that you guys have. This has been one of the most fun things I've ever had to do as Mayor, and whoever the new Mayor is, if you need somebody to fill in for you, I'm good at this, but I thoroughly enjoy it. The Council is This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #2 Page 2 proud of you, but I can tell you, and I can see some folks out here that are more proud of you than we are. They're called parents and grandparents. So, and I know how they feel. But I'd like to read the award for you (reads Citizenship Award). (applause) This represents only a reasonably accurate transcriptiou of the Iowa City City Council meeting of December 13, 2005. #3 ITEM 3 Lehman: Karr: Lehman: Page 3 SPECIAL PRESENTATIONS. a. Regina High School State Championship Football Team You know, Iowa City, I think, we're so fortunate in so many respects. This is such an excellent community. We excel in so many things, and one ofthose things we excelled in this year, and I think everybody in town has to be extremely proud. Regina High School football team won the Class I-A State Championship this year - first in the school history. The Regina Running Regals record for the year was 12 and 1. In the playoff, the opponent scored only 7 total points against the Regina defense. In the championship game, senior Daniel Murray scored a 50-yard field goal, which is a new State Championship game record in all five classes. I have to tell you a little story. I think most folks from Regina know who Tim Brandt is. I called over to Tim's house and offered to explain the game to him. So we watched the game with Tim, and Tim is a typical grandfather. Every time Regina centered the ball, he'd (laughter) throw it to his grandson every time. 'Throw it to Danny, throw it to Danny!' Anyway, if the folks from the Regina team would come forward. I think we have some folks here tonight. Here to accept is head coach, athletic director Chuck Evans, and seniors Jordan Hanrahan, offense line right guard; and senior Kyle Callahan, right tackle and defensive tackle. (applause) Wish we could do that every year. You know, you could do it again next year. (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. ~ P.4 ITEM 3 SPECIAL PRESENTATIONS. b. Mayor Recognition Wilburn: Actually, Mr. Mayor, and before any of you leave, we have an extra special presentation tonight. Those of you who received honor or award, you did receive the final presentation from the Mayor, and the Council and the City would like to present something to Ernie tonight. I'll ask the Council to stand with me. Ernie's been Mayor ofIowa City from 1998 to 2005, and he served on the Council since 1994. And, one of the things that you frequently say to the young folks is that you aren't given the award, you earned it. And, we certainly feel that you earned it. The past few weeks several people have been asking me, you know, how long has Ernie been on Council and it's a natural at this time to think, well, what was the price of gas back then (laughter). In Ernie's case, it might be 'did they have electricity back then; indoor plumbing?' but Ernie, you've certainly been a class act and a class ambassador for the City of Iowa City, and you've had fair deliberations with us. We've enjoyed your leadership. Certainly, your City is proud of you and maybe later we could get a motion to appoint you as the "Unofficial Grandpa of Iowa City." Congratulations. I'll just invite the Council up (applause). Champion: I'd like to know if it costs more than $1. 99 (laughter) Lehman: We'll have an investigation. Wilburn: And, Ernie, we also have. . . there's a print by a local artist for you, and your....I won't ask about how much this costs (laughter). But certainly well deserved. O'Donnell: Connie and Bob and I took it on our own to take up a collection, Ernie, and we brought you some licorice. Lehman: Thank you very much! Bailey: I'd like to invite everybody who is here, we're having a reception for Ernie on Thursday, December 15th, from 4:30 to 6:30 in this room. It's open to the public and we certainly invite all of you to attend to wish him farewell and ask him what he's going to do with all that time on his hands once he's off Council. Elliott: He can eat licorice! Vanderhoef: And play with his granddaughters. Champion: And go fishing! This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #3 Page 5 Elliott: Before too many nice things are said about Ernie, I was thinking this afternoon, that of all the good things that have happened to Iowa City in the past years since he's been on the Council, I'm trying to figure out if they've happened because of Ernie or in spite of (laughter). So, we'll contemplate that, Ernie. Lehman: Good. Thank you, folks, very, very much. I'm very flattered, but a lot of people think I've been here a long time. A lot of people think it's been too long. I have enjoyed it. Iowa City...I can't think of a city that would be better to be Mayor of. Good people. Champion: We're going to miss you, Ernie. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. ~ P~6 ITEM 5 COMMUNITY COMMENTS (ITEMS NOT ON THE AGENDA) Lehman: If you wish to address the Council, please sign in, give your name, and limit your comments to five minutes or less. Honohan: Mr. Mayor, Members of the Council, Jay Honohan, Member of the Senior Center Commission. Here to give you a short report. It may be your last report, Mr. Mayor, as Mayor. I start offby saying that in addition to the reception, I'd invite all of you to the "Voices of Experience" concert on Thursday, at 2:30, at the Senior Center for about an hour. It's one of, one, two, three, four, five, six, seven different concerts that we've had at the Senior Center this month. We've had the Voices of Experience before; we've had the band; we've had the brass; we had a University choir, and we've had the woodwinds section, and we had the band today and about 120 people enjoyed the 60 to 70 people in the band, and Tim Brandt and I were trying to figure out if the average age wasn't 75. (laughter) One other item, the admission was a food item for the Crisis Center, to all our concerts, so we thought that was appropriate. For your information, you have received it I believe by now, we have finished the goal-setting sessions that we talked about the last time I visited with you, and we are now trying, starting to implement some ofthose proposals, some of those goals, and to work towards achieving the things at the goal-setting session, which as you recall, consisted of Commission members, the Participant Advisory Group, and the Program Advisory Group. Just for the record, we now have over 1,000 participants that are paying members of the Senior Center. Champion: That's great! Honohan: Now if you'll recall, we started out with a little over 500, 600 - we've now almost doubled that, and we're very pleased with that. We last year had over 520 volunteers that volunteered, and I think our report says about 25 to 26,000. It was actually about 30,000 hours that they volunteered at the Center. For your information, we had over 87,000, I call them hits. Linda doesn't like that; she calls them visits, but I'm with the computer now when I call them hits, and we're very pleased with the number of visits that we're getting, and the participation by members of the Center. Couple of final notes, the Iowa City Senior Center Fund Inc. has been doing very well, as you know, from the reports that we've sent you, and the Board of Directors ofIowa City Senior Center Fund Inc. authorized the expenditure of some of the Senior Center funds to different expenditures, one of about $12,000 for the Senior Center TV operation, and another for about $6,000 for the weight room, to increase the participation in that area. Also, we were very fortunate. We received a $5,000 grant for equipment from the University of Iowa for the Senior This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #5 Lehman: Dobyns: Page 7 Center TV and students, it's part of the grant, is that students will be performing and working with the Senior Center people that operate Senior Center TV in doing the programming that we do. Hopefully, you will approve our budget, which has some enhancements for the assembly room, the sound system, or the sound system and the lighting system because we're trying to increase the participation through the Senior Center TV of people that can't come to the Center. I'm here to answer any questions if you have any. I'm not very politically correct, and I may not, I'll try to see you on Thursday, but ifI don't, a Merry Christmas and Happy New Year. Thank you. I'm Rick Dobyns. You know that old line by Mark Twain, that the rumor of my death has been greatly exaggerated (laughter). I'm back here because it's great to be in Iowa City. Looking forward to talking with you all about concerns about the alcohol use downtown. Bob, I think I recall that you mentioned at the last visit, the last Council meeting, that you wanted as many ideas as possible and make a list of what we can do. I think that's a great idea, let's do that. Let's take a look at the list, and let's do more about this concern. I'm the Co-Director of the Alcohol Awareness Working Group. It's a group that's formed of various community members over the last year and a half. Your own City staff, members of the Police Department, University, members ofthe community, public health, have all met and come up with some recommendations they would like to share with the Council at this time. The first is something that, the 2 I-ordinance, currently is not under consideration by the Council at this time. So, we're going to look beyond this and look at a bar-zoning ordinance. This is something that has been mentioned by the group made up of downtown bar association members. President Skorton, last week, also issued some recommendations saying this bar density, zoning possibility would be a good idea. Also, the National Institute of Alcohol Abuse and Alcoholism, which is probably the foremost study group taking a look at these issues, has recommended this, as well. Now, unless any of you are suffering from terminal insomnia, I'm not going to give you the total details of some studies, but there was a study that the University ofIowa was involved in of eight major universities that took a look at the correlation between bar density and the amount of underage drinking, over-drinking, and adverse consequences of alcohol, and it showed very clearly that there is a direct association. Now, it's a cross-sectional study and they do have problems because what came first? The chicken or the egg? Was it the number of bars that increased in downtown Iowa City and that just led to consumption, or was it the fact that there was an increased need for consumption and the bars followed suit? Taking a look over the last 15 This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #5 Page 8 years, it is clear looking at Iowa City, in particular, that what happened was the number of bars increased and then following it was a parallel pattern of underage drinking. And so the recommendation is. . . and why the U.S. LA.A. suggested and President Skorton agreed with, that it's probably time for all groups in jurisdictions to consider a bar zoning ordinance. The noise and nuisance ordinance - all groups have supported that - Downtown Bar Association, the University, as well, and our group, suggesting that the noise and nuisance ordinance, which I know that the public feels works fairly well, could be bolstered by looking at increased police staffing, things that I know the Council is considering over the next year, between the hours of 10:00 and 3:00 AM on Thursday, Friday, and Saturday nights. The University and the Downtown Bar Association, and your own Council, has asked 'what is the University ofIowa doing about this?' The Stepping Up program has formed many years ago and is internally and externally funded and is doing very well. We all know about the Campus Activities Board; the Scope, which provides entertainment for students so they can have activities that aren't necessarily organized around alcohol. There's also an increase in the elective alcohol education courses for undergraduates. The signup rate is increasing every semester. There's more to do from the University. Friday exams and attendance need to be recommended and made a stronger part of the curriculum. Advertising potential employer expectations regarding alcohol violations, so the students know that there are consequences after they graduate for what they do. An increased on- campus alcohol use surveillance. One thing in particular that I think is important is the National Institute of Alcohol Abuse and Alcoholism, and President Skorton, based on these recommendations, have suggested that there be increased collaboration between universities and the cities. Our recommendation is that, for we seek nonalcoholic alternative activities. Whether you believe in a 2 I-ordinance or not, for the good of the City, I think everybody would think that we need to have the kind of nonalcohol entertainment that students would like, both underage and over 21. So our group recommends the UI Tippie College of Business, the Department of Marketing, and the Pappajohn Entrepreneurial Center partner with the Iowa City Area Chamber of Commerce to develop business plans for multiple, nonalcoholic recreational venues marketed towards 18 to 21- year-old students. Bob, I don't know if you and I would have fun at places like that, but that's not the group it's targeted for. (laughter) So, the group, the Alcohol Awareness Work Group, we want to develop a comprehensive plan that can be adopted by all jurisdictions to reduce underage drinking, and we recommend an action plan. An action plan that has measurable outcomes that we can all agree with, and a time table, that at the end of which we will consider whether a 2 I-ordinance is something that needs to come to pass. I think all groups recognize that if we can get these sorts of things through, a 2 I-ordinance would be a moot point. Our This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of December 13, 2005. #5 Lehman: Bailey: Dobyns: Bailey: Sanders: Page 9 group will educate Iowa City that downtown drinking is a community- wide problem, over the next year, and I hope that we develop an action plan. I hope the City Council considers these recommendations and they are recommendations that have come from all groups, and that we move forward on this issue. Thanks, and it's great to see you all again. Thank you, Rick. May I ask Rick one question? Could you briefly describe...unfamiliar with those alcohol education course offerings, what those are? Regenia, there are currently two undergraduate offerings right now that aren't core requirements; they are electives, and they're done through the Department of Recreation at this time, and they're taught by members of Student Health who are members of the Stepping Up Program, as well; patterned after several features of what they've been doing up at the University of Minnesota. Similar curriculum. Thank you. Good evening, my name is Gary Sanders, and tonight I'm going to be playing two roles - nice guy and not-so-nice guy, and in this segment I'll be Mr. Nice Guy, and I hope I can use some of my five minutes for Mr. Not-So-Nice Guy later on Item 7. First of all, of course, Ernie, thank you for your service to the community, especially the 21-ordinance. Sorry you didn't get it passed in your tenure, and I'm sure you're going to keep working on that, but thank you for everything. Even though we've had our disagreements, obviously, thank you very much. Second of all, I just wanted to give a couple comments of praise to some other folks in the community. Number one, our Police Department for apprehending, or helping to apprehend the two men responsible for that arson and murder several years ago of that young man in the apartments. I don't think the police have gotten enough credit on this. I saw one little story in the Press-Citizen and one little story in the Gazette, and maybe when it comes to trial, the people in our department responsible, the Council could give them some sort of compliment. And, lastly, I'm sorry I didn't see any of you at the Hawkeye Football Banquet on Saturday night. I saw a couple of the Supervisors. It was a tremendous evening. I know they get a lot of ink in the paper, but Ijust wanted to mention one young person in particular, Mike Elgin, who's an academic all-American. I don't think we hear enough about these guys studying. I worked many years ago in the department, Athletic Department, tutoring athletes and most of them are really doing an exceptional job of trying to do well academically here and to have an academic all-American, I think, says volumes about our program and the University, and also, obviously, it's been an incredible This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #5 Page 10 year for just a variety of programs at the University. Marilyn Robinson with all the awards she won for her novel "Gilead" and all the incredible amount of writing and acting and drama and art, all sorts that goes on here, makes it a unique place, and with that I will stop, and I'll take up with the unique place on Item 7. Thanks. Elliott: Gary, I like this, I like this new side of you. I'll await your alter ego later. (laughter) Sanders: That's okay....yes, Bob, because I will be quoting you. Elliott: Oh! Sanders: Thank you. Thank you, Ernie. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #6 Page 11 ITEM 6b PLANNING AND ZONING MATTERS. b. CONSIDER AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE" BY: REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH THE NEW TITLE 14 ZONING CODE, AMENDING PORTIONS OF CHAPTER 1, 5 AND 7, RENUMBERING CHAPTERS 1,2,3,5,7,8,10 AND 11, AND REPEALING CHAPTER 12. (SECOND CONSIDERATION) Bailey: Move second consideration. O'Donnell: Second. Lehman: Moved by Bailey; seconded by O'Donnell. Discussion? Elliott: I made a point last night, and I'll make another point tonight, that I think it would be very beneficial to have the Council approve this unanimously. I thought my point was made last night. I will be voting in the affirmative tonight. That doesn't mean that all of us don't have some very serious concerns about various parts ofthis, but it was a compromise worked out long and hard by the Commission, by the Staff, and by the Council, and I will be happy to vote in the affirmative and hope that this will be unanimous. Lehman: We would be more than happy to receive your affirmative vote! Champion: Good boy! Lehman: Roll call. Vanderhoef: Just one other comment. I'm not sure that it was noted very well last night, but I want to recognize our P&Z for all the time and effort that they spent on this, and there's a couple "atta girls" out there. We have Karen Howard who shepherded this whole thing through, with the assistance of her boss, Karin Franklin, and I'd like to thank both of them. It hasn't been an easy process either with Councilor with the public, but they kept their smiles on their faces, and thank you. Bailey: I'd also like to acknowledge our volunteers who shepherded this through and attended extra meetings, so thank you to the Planning and Zoning Commission, as well, for being there and meeting with us and explaining this over and over. We appreciate your efforts. Thank you. Champion: It has probably taken more time by more citizens than any other decision we've made in the last eight years at least. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #6 Page 12 Bailey: And that's why I think we can feel good about it. Lehman: And I think it's important to note the process included a public hearing that was continued for seven meetings, so we've had more public input than any issue we've had in twelve years. So, again, roll call. Motion carnes. Karr: Motion to accept correspondence. O'Donnell: So moved. Vanderhoef: So moved. Lehman: Motion and second to accept, I was just going to ask, motion to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #6 Page 13 ITEM 6e PLANNING AND ZONING MATTERS. e. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR WEST SUBDIVISION, IOWA CITY, IOWA (SUBOO-00028) O'Donnell: Move the resolution. Champion: So moved. Lehman: Moved by O'Donnell; seconded by Champion. Discussion? Vanderhoef: I have a request. I think this Council's vision for trails is to make them very accessible for everyone in the community and identifiable. I think we're identifying those by the over-width sidewalks, and in this particular preliminary plat, we have just a small trail connection at the back of the subdivision that's connecting us to Scott Park, but when I looked at my map again today, I looked at the American Legion Road, which borders on the south of this subdivision, and recognized that we will be updating that road at some point in time and it will end up with having a over-width sidewalk. So I would just request Parks and Recreation look at the possibility of putting an over-wide sidewalk, connecting American Legion Road with that little connector into Scott Park so it's recognized as a community-wide asset. Champion: That's probably a good idea. Bailey: I think that sounds like a good idea. Lehman: Roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #7 ITEM 7 Lehman: Sanders: Lehman: Sanders: Lehman: Sanders: Page 14 APPROVING OF AN AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND W AL- MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 2 THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO. a) PUBLIC HEARING (pounds gavel) Public hearing is open. Good evening. Gary Sanders. Don't smile at me so much, Bob. Okay? (laughter) Please, you're messing me up here. (laughter) First of all, very parenthetically I think it's a shame that the Press-Citizen and the Gazette aren't here tonight. Irrespective of anything I do, Mayor's last night, any other business was taking place, it's just a shame. Thank you for the DI being here; I'm glad I'm a paid subscriber. I encourage others to do the same. As I said earlier, I ended with Iowa City being a unique place, and I really believe that, and I think that this decision going back to March l5t to sell the 21.7 acres to Wal-Mart, of City-owned land, land that belongs to everyone in this city, and to rezone the 54 acres so they could build their super center is a grievous mistake. On the most basic level, it does not in anyway make Iowa City a unique place. Gary, I think the public hearing is on the amendment to the purchase agreement, which allows for the extension of the date for. . . I want to speak against that. Well, why don't you start on that then? Oh, I'll start on that, and I take back what I said earlier, Ernie. (laughter) There's no more Mr. Nice Guy. I am opposed to an extension. As of now, I believe it ends January 31 5t - the Sales Agreement, the Purchase Agreement, with Wal-Mart and I am opposed to that. Okay. Now, all right? I think that as many of you who are watching know, I and another person have brought suit against the City ofIowa City Council and the Zoning Board of Adjustment to prevent this sale ofland and the rezoning, and we will be in Court in February, and I think it just must be said that more people, first of all, should read the depositions that we took of the City Council members concerning their, any contacts that they had with anybody outside of the City Council meetings. That was basically what was at stake, and what was said in the depositions, and I have copies here. Anybody who would like a copy... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #7 Lehman: Sanders: Lehman: Sanders: Lehman: Sanders: Lehman: Sanders: Lehman: Sanders: Lehman: Sanders: Lehman: Sanders: Page 15 Gary, this is relevant to this public hearing. You don't think so? No, we're talking about the extension of a time for acceptance of the property. Not the sale. An extension of the time, from... Well, but it's the extension of the Purchase Agreement. Right. So... It's a time issue. Yes, it all has to do with why I think you should all vote no tonight. Well, why should we vote no based on the extension oftime? That the Purchase Agreement and the rezoning on their face were done without due consideration of a variety of issues, and this is the last time we get to say anything publicly about it. It's over publicly, in terms of the City Council, after tonight. This is going to be your last vote on this before the trial, and I think I would like to urge you to vote no, and I have just a few pages. I know you're looking at the clock. You've got about one minute is what you have. Well, I thought I had five. I got my clock here, Ernie. Well (laughter) you should have wound it. Seriously, I think people should read the depositions, that they didn't discuss this with anyone outside ofthe Council, and I think they should have. Outside of the Council meetings, they should have talked to economics professors; they should have talked to land use experts; they should have talked to a variety of people, but they talked to no one. Bob Elliott even admitted in his sworn testimony that, you know, the majority ofthe people who talked to him were opposed to this project, and he went ahead and voted for it, and I urge him tonight to vote no on this. I think that people don't understand why there's a law suit, and I think that it's the only remedy, and Ernie, you have complained to me privately out in front so it was on public property about that I'm costing the City $30,000 by this law suit, but a point of fact it's the Council who's costing the City, by this egregious rezoning, and... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #7 Lehman: Sanders: Lehman: Sanders: Lehman: Sanders: Lehman: Page 16 You need to wind it up. I'll wind it up by saying that we need money to fight this, and the Council, through their City Attorney and extraordinarily competent City Attorney staff. I mean this, no seriously, they are fighting us tooth and nail. We have had to go to court so many times... You're time is up. So many times... Time is up. No, Ijust want to say, Ernie, that if you would just reign in the City Attorney's office just the tiniest bit (laughter), we have been in court so many times over minor motion hearings. So, we could use your help, folks; Iowa City Stop Wal-Mart, 831 Maggart, Iowa City, Iowa 52240. This is it. They got $30,000 and the whole City staff. We just have our small lawyer, who's the lawyer for the Sierra Club; we need your help. Thank you. Happy New Year. Merry Christmas. See you in court February 23'd (laughter). (pounds gavel) Public hearing is closed. Do we have a motion? b) CONSIDER A RESOLUTION Vanderhoef: Move the resolution. O'Donnell: Second. Lehman: Moved by Vanderhoef; seconded by O'Donnell. Discussion? Champion: Well, I'd like to comment on this, but because of the lawsuit against the City Council, I'm not going to, but I wish I could give another dialog about my views about this whole thing. Lehman: You can meet privately out in front... (laughter). Roll call. Motion carries 5 to 2; Bailey and Champion voting in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #9 Page 17 ITEM 9 APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - WILLOW CREEK TO OLD HIGHWAY 218 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. PUBLIC HEARING Lehman: (pounds gavel) Public hearing is open. (pounds gavel) Public hearing is closed. b. CONSIDER A RESOLUTION O'Donnell: Move the resolution. Bailey: Second. Lehman: Moved by O'Donnell; seconded by Bailey. Discussion? Champion: Steve, just refresh my memory. We're going to build a box culvert and the road's going to go on top of it? Atkins: How about if! have the City Engineer refresh your memory? Champion: Yeah. Atkins: Here he comes. Knoche: The box culvert will be built underneath old Highway 218 and so the road will go over the top of it. The Mormon Trek extension will be on the north side of Willow Creek, so the box culvert is kind of separate from what the Mormon Trek extension will be. Champion: And this doesn't have anything to do with the old runway? Vanderhoef: That was a different. . . Champion: That was a different culvert, okay. Thank you. Lehman: With the extension of runway 25, I think, involves a box culvert. Knoche: Right, it's currently being built right now. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #9 Page 18 Vanderhoef: So we're getting another box culvert. Champion: I like two box culverts. Wilburn: Wish they were a dime a dozen. (laughter) Lehman: Any other discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of Decemher 13, 2005. #10 Page 19 ITEM 10 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT FOR THE LEASE OF APPROXIMATELY 5,000 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE IOWA CITY PUBLIC LIBRARY BUILDING. a. PUBLIC HEARING Lehman: (pounds gavel) Public hearing is open. (pounds gavel) Public hearing is closed. b. CONSIDER A RESOLUTION Bailey: Move adoption of the resolution. Vanderhoef: Second. Lehman: Moved by Bailey; seconded by Vanderhoef. Discussion? I think this is really what we were looking for when we first built that building, we need the space, and I believe the rent is what, $7 a foot? Atkins: I'm sorry, Ernie, that sounds about right. Elliott: $2,900 a month, right? Atkins: Again, that sounds about right. Elliott: And this is the same as the property at the Airport that goes to the Airport Commission. This would go to the Library budget? Atkins: Indirectly. The policy at the time was that income generated from commercial properties would be applied against the Library debt. So indirectly.. .yes, but you understand? Champion: It benefits everybody in town. Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #11 Page 20 ITEM 11 CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," TO LIMIT FENCES TO THREE (3) FEET IN HEIGHT, TO ALLOW SIDEWALK CAFES ONLY IN ZONE 1 IN CITY PLAZA, TO CLARIFY THE DEFINITION OF AMENITY, AND TO REQUIRE ANCHORED FENCING EXCEPT IN THE WINTER MONTHS, AND CHAPTER 5, ENTITLED "CITY PLAZA," SECTION 7, ENTITLED "USE OF CITY PLAZA," PARAGRAPH A TO CLARIFY THAT SIDEWALK CAFES ARE A PERMITTED COMMERCIAL USE IN CITY PLAZA. (SECOND CONSIDERATION) Lehman: I think last night we decided to defer this... Bailey: To January 10th Elliott: And... Bailey: Right? Lehman: Do you want to set a date on the deferral? Champion: I don't think we should set a date. Bailey: I thought we talked about it being the next meeting. Is there any time concern with this? Karr: Well, the lease agreements typically go out in December for the (can't hear) because the season begins March 1. Lehman: December 10th the next meeting? So, we have a motion to defer to January 10th? O'Donnell: So moved. Karr: 10th is the formal. Lehman: Right. Well, do we have a motion and a second to defer to January 10th? Karr: I'm sorry, who made the motion and seconded? Lehman: Moved by O'Donnell; seconded by Champion. Bailey: I'll second it. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #11 Page 21 Lehman: By Champion and Bailey. (several talking at once, laughter) All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #12 Page 22 ITEM 12 CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 97-21 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. Lehman: This one also needs to be deferred to January 10th. Vanderhoef: Move to defer. Bailey: Second. Lehman: Moved by Vanderhoef; seconded by Bailey. All in favor? Opposed? Vanderhoef: I have one more request. Last night we asked for a map at the next work meeting. I would also like to review the fee schedule. It hasn't changed since 1997, so if we could have a review of that at the same time, I would appreciate it. Atkins: That's not a problem. Lehman: Okay. This represents only a reasonably accurate trauscription of the Iowa City City Couucil meeting of December 13, 2005. #13 Page 23 ITEM 13 CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE KICKER'S SOCCER PARK AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Bailey: Move adoption of the resolution. Champion: Second. Lehman: Moved by Bailey; seconded by Champion. Discussion? Vanderhoef: I want to vote three times on this. It's called "Just for Kicks" and it's a wonderful thing, that from every age group, I think.. ..oh, don't have it to show you tonight. There is a mock-up model on it, and we'll have it out here someplace where people can see it in the next week or two. How 'bout that? Okay. Bailey: I think we do public art well, but I think this is fantastic. I think this is a fantastic piece, and it's really going to be an asset to that park. Champion: Fine, fine. Elliott: I liked it very much and I will be voting for this, but this means, to my recollection within the past twelve months, we have approved, I believe, $135,000 for public art, and as important as public art is, I think pubic safety is more important, and I want the Council to take a very serious look at these kinds of expenditures relating to our need for public safety, but I will be voting for this because this is in this year's budget. Champion: But we have a yearly budget... we have a yearly budget for public art, so even though we've spent that much money... Lehman: Is that number right? I did not... Elliott: $30,000 for Benton Street entrance, an artistic.. . for two different ones (several talking at once). We approved two $70,000 ones at a meeting within the past few months. Two at $35,000, making $70,000. Lehman: Okay, here's the art lady. Franklin: Confusion! Excuse me (laughter) The confusion I think is because you approve the call for artists, as well as the actual acquisition. Elliott: I was double-dipping? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #13 Page 24 Franklin: You were double-dipping. Champion: You were diddling in the art fund. (laughter) Elliott: My words come back to haunt me. Lehman: In any case, the number isn't...I don't want people to think that number if quite right. Elliott: That's correct. I stand corrected and apologize. Lehman: All right, then we'll take a roll call. Motion carries, carries, carries. This represents only a reasonahly accurate transcription of the Iowa City City Council meeting of December 13, 2005. #14 Page 25 ITEM 14 CONSIDER A RESOLUTION AUTHORlZING THE INSTALLATION OF SPEED HUMPS ON KENNEDY PARKWAY. O'Donnell: Move the resolution. Champion: Second. Lehman: Moved by O'Donnell; seconded by Champion. Discussion? Elliott: Unfortunately, here I go again. This... Braverman: May I say something? Lehman: You certainly may. Braverman: Thank you. Ijust have a statement to read. My name is Jody Braverman. I live at 55 Redbud Lane in Walnut Ridge. I drive almost the entire length of Kennedy Parkway at least twice a day, humpa, humpa. I am also an avid bicycle rider and I keep my speed at a reasonable level. Okay, I admit it, I clocked myself at 42 m.p.h. going down Kennedy Parkway hill on my bicycle once, humpa, humpa. (TAPE ENDS) ... speed humps on the one-mile length Kennedy Parkway is excessive, humpa, humpa. Speed humps are basically inverted potholes. There must be some other way of resolving this issue, other than the either or choice presented by the City staff, either eleven speed humps or nothing. Sure, eleven speed humps will reduce the speed on Kennedy Parkway, humpa, humpa, but why eleven speed humps on this one mile of residential street, humpa, humpa. According to the Institute of Traffic Engineers website on speed humps for a three and a half-inch high, twelve foot hump, the typical crossing speed is 19 m.p.h., and for three inch high, fourteen foot hump, the typical crossing speed is 21 m.p.h., humpa, humpa. Why do we want a typical speed of 19 or 21 m.p.h., instead of25, which is the posted limit, humpa, humpa. Speed hump heights of two and a half inches would result in a typical crossing speed of23, still below the posted limit, humpa, humpa. I wish I could convince you to eliminate the project entirely, but if you do choose to go ahead with the installation, at least reduce the number of speed humps from eleven in one mile down to a reasonable level of six in the areas of greatest concern and limit the height of each speed hump to no more than two and a half inches, humpa, humpa. Also, according to the ITE web site, speeds typically increase approximately five m.p.h. midway between humps for each hundred feet of separation. If you were to install six speed humps, the 85th percentile, which was what the typical speed level is, would increase to roughly 28 m.p.h., still within the acceptable range, and much below the previously observed level, humpa, humpa. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #14 Lehman: Atkins: Lehman: Elliott: Bailey: Lehman: Elliott: Wilburn: Page 26 Let me just say, I think speed humps, ifI'm not mistaken, I don't think our Traffic folks are here, are they? I think they're designed to be crossed at 25 m.p.h. I can't tell you that, Ernie. I do know that we follow whatever the standards are, and the spacing is also important. Right, that's an...they're also moved aside from the curb, so unless you're a terrible bicycle rider, you'll easily be able to ride between the hump and the curb. Okay? That's the first two. The third reason, and I think the reason we're talking about this, there is a subdivision at the other end of Kennedy Parkway that is very important to some developers in this community. One ofthe biggest issues on that whole project was the amount of traffic and problems that would be created on Kennedy Parkway. This, from my perception, is a move on the part of the City to act rather than react. Getting some handle on that traffic and the speed of that traffic that's going to be going to and from that subdivision, to perhaps keep the developer from having large headaches once the development starts. Now that's my take on this. (someone speaking from audience) No, that's all right. Other discussion? I did some quick math, and that's a speed hump, hump, hump, hump about every 450 feet or so. I would be in favor of this, but not up to $30,000 in one year. I can go for $5,000, maybe on the outside $10,000 - not $30,000 in one year. And when we talked about this at work session, it was seen that doing half wouldn't be effective, I mean, doing six wouldn't be affective to achieve the objective to slow down traffic, and we're doing this at the request of the neighborhood, and it meets our... Well, I think we also, when we approved that subdivision, there were two, traffic was a huge issue on the approval of that subdivision, and I think this is kind of doing what we thought we would do. Other... I received a call from a just a most personable lady out there. I enjoyed getting the call, even though she was pointing out the errors of my ways, and she was so nice about it, I almost cry when I vote against it, but I have to. In addition to this being part of a.. .it's citizen driven. That's why we have the traffic calming program. 86% in favor, I mean, that speaks volumes, and they are designed in total to work together, so if you tinker with that, the desired effect doesn't happen. So, I'll be supporting it. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #14 Page 27 Champion: Well, we're also anticipating problems, and one ofthe reasons is because there's not another road into and out of this new development. So, I'm glad the neighborhood is doing something proactive, rather than throwing themselves on the street later when the trucks are all going down that street. Vanderhoef: Well, I would be willing to cut this project in half. I too think that $30,000 for one street is far too much. It's very interesting to me that this is a closed-in community right now and if the peer group of the neighbors are the ones who are speeding" or the service vehicles that are coming to those homes right now, it's like maybe you could police one another a little bit more to slow each other down and if you drive slow, the car behind you has to drive slow, so I'm going to vote no on this because there are places that I support the speed humps, and if! use one whole year's budget for one mile of street for one community, then I have nothing left in my budget to support the requests, and we have another request that is pending right now and who knows how many more before the first of July for this traffic calming money. So, I will vote no tonight. O'Donnell: I'm going to vote yes. This is, this is neighborhood-driven. None of us are traffic experts, but we must rely on traffic experts, and there's a science to putting so many and such a distance and we don't want hump, blank, hump. We want hump, hump. Right? (laughter and several talking at once) But, I'll support this. Champion: I think the other reason to support it, even though it is a lot of money, it's... we've not always used our budget every year either. So, we'll use it this year. Lehman: No, but the biggest reason I'm going to support this is Cardinal Ridge Development. There was such a huge cry when that came up about the amount oftraffic and the problems that are going to be caused on that road, and I think, I agree, we're proactive in controlling it before it gets out of hand. Roll call. Motion carries 5 to 2; Vanderhoef and Bailey voting in the negative. Bailey: Elliott. Lehman: I'm sorry. I did that one other time. You'll be glad when I'm done, won't you? (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #15 Page 28 ITEM 15 CONSIDER A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE STATE RECREATIONAL TRAILS PROGRAM FOR THE BUTLER BRIDGE PEDESTRIAN BRIDGE. Champion Move the resolution. Bailey: Second. Lehman: Moved by Champion; seconded by Bailey. Discussion? Vanderhoef: Great collaborative project. I'm delighted to work with everybody on this one, and this is another good use of our funds for trails. Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #16 Page 29 ITEM 16 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF THE FINANCE DEPARTMENT AND THE ADMINISTRATIVE/CONFIDENTIAL PAY PLAN BY ADDING THE POSITIONS OF P.c. TECHNICIAN, WEB DEVELOPER AND DATA BASE ADMINISTRATOR. O'Donnell: Move the resolution. Bailey: Second. Lehman: Moved by O'Donnell; seconded by Bailey. Discussion? Elliott: Talked to Kevin, and he indicated or explained that these are required by law, Department of Wage and Hour people have required that independent contractors cannot be used in this position. It must salaried people. He further indicated that it's a wash as far as any salary or budget charges. So, this is something that has to be done. Lehman: Roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #18 Page 30 ITEM 18 CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLARK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Bailey: Move adoption of the resolution. Vanderhoef: Second. Lehman: Moved by Bailey; seconded by Vanderhoef. Discussion? Champion: What is a stop box? Lehman: Water shut off. Champion: Oh, on the outside of your house? Lehman: Actually, it's in the ground. It's that little round thing in the front yard. Champion: Oh, okay, the ones I trip over all the time. Atkins: It's round; it's really not a box. Champion: Okay. Lehman: Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #22 Page 31 ITEM 22 CITY COUNCIL INFORMATION. Elliott: Which way you going? Lehman: Regenia. Bailey: I just want to say I look forward to one more meeting with you and it's been a delight to serve with you, Sir. Wilburn: What she said! (laughter) Vanderhoef: I can do that, and go one step further and wish Happy Holidays to everyone. O'Donnell: Mr. Mayor, it's been a pleasure, and I hope you take this time off and use it to work on your fishing skills (laughter). Being one of your fishing partners, I know you can use all the help you can get in fishing skills, but it has been a pleasure. Champion: Ditto, ditto, ditto. Elliott: Wow, two things, quickly! It appears that Coralville and the Enviromnental Indoor Forest Project are going their separate ways. Whether you agree or not, I really admire and commend Coralville for taking a bold step, and I wrote to one of my friends on the Coralville City Council, and I reminded him that one of my favorite song writers, Kris Kristofferson, wrote a song called, "I'd Rather Be Sorry For Something I Did Than For Something I Didn't Do," so Coralville didn't quite make it, but I really commend them for a bold effort. Next, tonight is one of the last times I can say it, but with respect, admiration, appreciation, good night, Mr. Mayor. Lehman: I had something to say. Do I have to say good night now? (laughter) I want to wish the Hawkeyes the best ofluck in the Outback Bowl, and I'm going to be there to cheer them on. I think it's a tremendous bowl for us, and I really want to thank the Council. This has been a, it's been a very positive experience for me over the years. I've enjoyed it very much, and especially stafffolks, Steve and Dale and Eleanor and Marian, and the folks in the offices, particularly in your office, Marian, I'm in there a lot. I know you'll be glad to see me gone; you'll be able to get a little work done, but we have such a stellar group of employees at this city, I mean, everybody from the folks who are the head of the departments to the guys driving the garbage trucks as they go by, and I'm very proud of all of them, and it's been a real pleasure serving, and before you get all excited, you know, I only did what I was elected to do, and I've enjoyed doing it. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005. #23 Page 32 ITEM 23 REPORT ON ITEMS FROM CITY STAFF Lehman: Steve? Atkins: Well, on behalf of the 600 of us who call ourselves City employees, it's been a good run. Thanks. Dilkes: You've just been great, and I really appreciate it. You've been a real pleasure to work for, and we'll be lucky to get mayors like you from now on. Karr: Ditto. (laughter) Lehman: Is there a motion to adjourn this (applause)? Second? All in favor? We are adjourned. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 13, 2005.