Loading...
HomeMy WebLinkAbout2002-03-19 Transcription#3a Page #1 ITEM NO. 3. MAYOR'S PROCLAMATIONS. 3a. Public Access Television Day - April 5 Kart: Here to accept is Tom Nothnagle, Chairperson of PATV. Tom Nothnagle: As a chairman and also as a producer of PATV, I have had Tom's Guitar Show on PATV for 12 years. I'm very happy to receive this and I'd like to invite you all to our grand opening open house on April 5 from 3 until 7 P.M. at our new access center which is on the comer of Dubuque and Lafayette Streets in Iowa City. I'd also like to thank the City Council for your support in our getting our new building. And Dale Helling here and the ICTC for their support also to make this possible. I look forward to many years of access in the future. Thank you very much. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #2 Page #2 ITEM NO. 2. SPECIAL PRESENTATIONS - Richard W. Lee Award (read statement) Lehman: You're still in the picture, Dick, you're all right. Got a get a picture of the plaque. This is a really significant award and I hope you're as proud to receive it as we are to give it. Dreckman: I am. Lehman: And I know how proud Dick is. You don't have to say a word. Widmer: Mayor if I can also add, we have a plaque which Officer Dreckman's name will be permanently affixed to honoring Richard Lee and the Richard W. Lee award. So this will be permanently affixed and. hang in the police department for many years. Congratulations Dan and thank you for being here Dick. Vanderhoef: Congratulations. Lehman: Dick, you get two words. Lee: Well I think everybody's doing wonderful. Thank you. Champion: Thank you. Lehman: Just like Dick. Dreckman: Kind of at a loss for words. Several years ago I came to the realization like a lot of people that I had become like my parents. Now I can say that I've also become like my captain. Champion: Very good. O'Donnell: Very good. Lehman: Thank you very much. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #4 Page #3 ITEM NO. 4. OUTSTANDING STUDENTS. Lehman: Tonight they're from Grant Wood. If the students would come up please. You know I think you're going to be the star of the show. Come on up here, right up here. That's all right. Do we have an absence of a couple kids tonight? Karr: I believe we do. Champion: It is spring break. Lehman: You are the star. If you would like to give us your name and why you were nominated for this award. Merritt Rodriquez: My name is Merritt Rodriquez and I don't know why I was nominated for this award. I... Champion: Cause you're the star that's why. Rodriquez: I've gone to Grant Wood since kindergarten. I have been a Girl Scout and I'm on the student council. I am also a patrol. I play the violin and I act with the young foot lighters. I baby-sit pets for my neighbors and I like living in Iowa City, there are so many nice people and friends. Lehman: And you are one of those nice people. And I can tell you why you were award...why you received the award and I think you know. These students are selected by their peers for the way they behave, they're values in life, the way they treat their fellow citizens, their teachers and hopefully their families and whatever. And I think it's a real distinctive award and you should be very, very proud of it. I know you're parents are, and the Council gets really tired of me saying this but I know how proud your grandparents are cause I've been there and I am there. So congratulations and I have a plaque for you. And I'm going to read it for you. For her outstanding qualities of leadership within Grant Wood Elementary as well as the community and for her sense of responsibility and helpfulness to others we recognize Men'itt Rodriquez as an outstanding student citizen. You're community if proud of you. Presented by the Iowa City Council, March 2002. Congratulations. Rodriquez: Thank you. Lehman: In all fairness we apparently had just a little mix up because there were a total of four students who we were expecting tonight so... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. Page #4 Champion: We'll have to invite them back. Vanderhoef: Let's do them another time. Lehman: Oh yeah. We'll do it again. Vanderhoef: When they get back. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #6 Page #5 ITEM NO. 6. PUBLIC DISCUSSION. Lehman: This is a time reserved on the agenda for the public to address the Council on any item which does not otherwise appear on the agenda. If you wish to address the Council, please sign in. Give your name, address and limit your comments to five minutes or less. Charity Rowley: My name is Charity Rowley and I'm here representing the Senior Center Commission. We met this afternoon and we looked at the draft of the lease for the nutrition program and approved it. We are pleased that the repairs on the Linn Street stairs, our historic stairs, as you know what problems historic stairs can make are go...those repairs are going along very well. Unfortunately we've lost two part-time maintenance persons and so we have had to curtail night and weekend events until we can work that out. We don't want to overload Craig who does a wonderful job for us. We look forward very much to the city and the county hopefully someday coming to an agreement on the 28E and that we can count on what the Senior Center will receive in with...in funding from the county. Senior Center TV is going very well. Because of the reduced staff time, the volunteers are taking on lots of extra jobs and learning them and doing very good with it. Well, excuse me, my English teacher would not like that. We are going to honor our volunteers the afternoon of April 22nd. We have 511 persons who have volunteered at the Senior Center and they gave 24,053 hours of time. We have figured out that that would have been a 601 full time persons at a 40 hour a week. And so we are very pleased. And we look forward to having this event on the afternoon of April 22nd to give them some recognition of all time they have spent at the Senior Center. Champion: Thank you. Kanner: I had a question or two. The cut back in maintenance, was that for this year. I thought... Rowley: No. Atkins: No, they're just vacancies. Karmer: Just vacant. Rowley: This was just...They just...they had to leave their jobs. Kanner: But I did see in the minutes that you were cutting back on the weekend activities from a month or two ago. Is this in relationship to the two part time maintenance people being gone from the positions? This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #6 Page #6 Rowley: No, this just happened. Kanner: Okay. In the minutes...it appeared that this was a perm...discussion that was made to be permanent, to cut back on additional weekend activities. Rowley: No, this is because of the... Karmer: From the minutes. Rowley: This time we do not have that evening maintenance. Kanner: Okay. And then the other question was in the lease was there payment discussed with Senior Dining? Rowley: No payment was discussed. Kanner: Is that to be discussed at the 28E agreements? Rowley: I have no idea. Kanner: Okay. Rowley: That didn't come up. Kanner: Thank you. Rowley: Any other question? O'Donnell: Thank you. Lehman: Any other public discussion? Cyril McKay: I'm Cyril McKay and I'll stick my little sticker there. I'm representing the Parson's Inn. And so we're here on one, a chance to get to meet you and to raise awareness of what the Parson's Inn. And a chance for you to get to meet me and I've had a chance to correspond with the City Manager. The Parson's Inn...we have a brochure if we could distribute the Parson's Inn brochure. We provide housing for those that are receive medical treatment at the Iowa City University area hospitals and clinics, the Veteran's Hospital. And our desire is to locate here in Iowa City. We operated a house in Amana for a year and a half providing housing for guests that were receiving medical treatment and we began the searching for property and for land. We began searching in Iowa City and we finally came upon a bed and This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #6 Page #7 breakfast that had been there in Amana. We were able to enter into a lease agreement and so we were there in a lease agreement for a year and a half providing this services for those that receiving medical treatment. Most of them came from oncology departments in...not those who just needed one or two-day stay but long term care much like the Ronald McDonald House. The difference between us and Ronald McDonald House is that Ronald McDonald is able to serve those that are 18 and under. We are targeted for those that are 18 and older, for adults and senior adults. And so as you can imagine, they need something more then just Motel 6 accommodations for long term stay. We're talking those that stayed months, those that stayed seven/eight months with us. As we've tried the process of relocating we were able to operate for a year and a half. We had over 200 guests that came through but our distance was 23 miles to the Amanas. When our lease agreement ended we weren't able to purchase the property. Again we're facing a situation of relocating, wanting to locate here in Iowa City. We want to be close to the hospital facilities for the guests so they don't have so far to travel. Immediately we got an education. We learned that some of the obstacles that we faced and so we wanted to begin addressing some of those concerns. But the primary thing we wanted to do here was just to raise awareness that we are trying to locate here in Iowa City and be able to answer any questions that you had. We understand that there are concerns with the land that we're trying to purchase. We have purchase agreement on land that is on Highway 1 going south towards Kalona. It is about .26 miles from Landen Road. And with that particular piece of property it was rezoned from agricultural to, I believe, low density. So the requirement is that 80% of it stays undeveloped and that's in the fringe area agreement. In working with the Johnson County, we learned that we also need to have...that the City also needs to sign on to any plat that would be there in the fringe area agreement. What we'd like to do is...where we locate...where ever we locate...our hearts desire is to locate in that particular area. But wherever we locate we're going to need the support of the City, of the zoning. We have several variances that will be needed for the guest who actually come. Our first dilemma is how to be classified by the City, even by the county. We're not classified as a hotel or motel. The choice that we would pick...the closest description for our house would be a bed and breakfast but even in this it requires the City granting us variances for the number of guest that can stay, for the length of days that they can stay, and these technical things. And so at this point we have...we have not been able to get through any of the obstacles or to know how to get through them. So we wanted just to raise awareness of what we are. We would love to be able to come and provide this service for Iowa City, for the guests that coming through. They have over 500,000 people a year that come to the hospitals and the clinics there. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #6 Page #8 In doing that our appeal is to the City, our appeal is to the different authorities of the city that could help make a way possible for us to do that. There are some...there are just difficulties in how to classify us and the variances that are needed for the land that we have. So if you could give us any help in reaching our ultimate goal, for those that could help catch the vision of providing this house, not a hotel but a home for these people here in Iowa City, we would appeal to the City for that. To be able to make that possible. Housing for adults that are coming to received this medical treatment. So we are faced with some obstacles. But we are wanting help and appealing for help in how to overcome because no one can really classify us, know how to plug us in. We're not a hotel. We're not a bed and breakfast and so everyone is kind of tike well what do we do with you. But if there would be those that could catch the vision of what we're wanting to bring to Iowa City. Our goal is having a room with...a house with ten to twelve rooms and providing these guests with a place to stay, a home away from home where they can stay as long as they need. Lehman: Have you talked... McKay: We're open to any questions. Lehman: You've used you five minutes. Have you talked to the staff about this? McKay: We have... Lehman: Our...the City staff?. McKay: ...talked to planning...the city zoning, Bob Miklo. Lehman: Yeah. McKay: We've received con'espondence from the City Manager. And each is like well this is a great idea but you would need variances and at this point it's been very clear, at least for the property that we're looking at, it's no go. You can't go there. But wherever we go we're going to need the assistance of the City to make it possible because there's no doors open for us to be able to come. Many of the residential areas are associations. They wouldn't allow us. We've been working with real estates, realtors for the last two years. They've been so helpful. The University of Iowa Law School has done up our legal work for us. We've had great support but still we just need those to help catch the vision of what we're trying to do and show us how to go about it. Lehman: Steve, is there some way we can get brought up to date on this by a memo from you and from Bob and so on... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #6 Page #9 Atkins: I'll ask... Lehman: ...so at least we'll have something that we can look at? Atkins: We will prepare an update. I'm a little off guard because I don't recognize... Lehman: No, no, I understand... Atkins: ...all the issues here. Lehman: And that's why I suggest that we get a memo so at least we can take a look at it. McKay: Yes. Atkins: I'll put it together for you. McKay: And whatever the concerns the City would have... Lehman: We will do that. Okay? McKay: Great. Thank you very much. Lehman: Thank you. For you gentleman in the back, there is a front row and there's nothing wrong with the front row. Champion: That sounds like chumh. Lehman: This isn't church. Is there anyone else who'd like to speak during public discussion? This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #10 ITEM NO. 7g: PUBLIC HEARING ON AN ORDINANCE REZONING 18.2 ACRES FROM LOW DENSITY SINGLE-FAMILY, (RS-5) TO SENSATIVE AREAS OVERLAY LOW DENSITY SINGLE- FAMILY (OSA-5) AND A PRELIMINARY SENSATIVE AREAS DEVELOPMENT PLAN FOR HICKORY HEIGHTS, A 20-LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF SCOTT BOULEVARD NEAR ITS INTERSECTION WITH DODGE STREET. (REZ01-00028/SUB01-00031) Lehman: Before I open the public hearing, the public hearing is for purposes of determining whether or not the subdivision meets the requirements of the Iowa City Code. Public heating is open. Mike Pugh: Good evening. My name is Mike Pugh and I'm the attorney for the developer, Hickory Heights LLC. First of all I wanted to pass along my regrets that both Gary Watts and Gene Kroeger were unable to attend this evenings meeting because of prior commitments. I know Mr. Watts is out of town with his family on vacation, on a spring break vacation. This is a 20 lot in-fill subdivision on a piece of property that is already zoned RS-5. Given it's size 91 units could be developed on this particular property and we are only proposing to develop 20 units on the property. There is a cul-de-sac designed for the property. The design of Hickory Heights Lane is such that it...we feel it minimizes disturbing the natural features for the property and the subdivision is buffered on both sides of the subdivision both by wooded areas and a stream corridor. The subdivision plan also dedicates almost 30,000 square feet of open space and it provides a trail access to Hickory Hill Park. The city staff is in agreement that our sensitive areas development plan is in compliance with the ordinance and I want to publicly thank the city staff for their time and effort on this. They did spend quite a bit of time working with us on this particular project. The language that we've agreed to add to this particular plat we believe goes beyond what's required under the sensitive areas ordinance but at the same time its' consistent with what my clients intentions are for this particular subdivision. So I think it's a good fit. Duane Musser and Larry Schnittjer here...are also here this evening from MMS Consultants, who are the young engineers on this project. I would be glad along with Duane and Larry to answer any questions you may have. Thank you. Clemens Erdahl: I'm Clemens Erdahl. I represent the Friends of Hickory Hill Park and I want to take this opportunity to discuss a few matters with the Council concerning this subdivision. First of all I'd say that I think it's public knowledge that we've been in negotiations with the developers and we're trying to raise some funds to purchase at least a portion of this land to minimize the impact on the park and hopefully to increase the This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #11 size of the park. And we'd sure like to talk to you about some of those things later if we're able to be successful. But I want to compliment the developers and their council, Mike Pugh, with whom we've been meeting. And we've had some very cordial meetings. And I think that what I really want to discuss on behalf of the group is not so much this subdivision but the implications of this subdivision and sound a note for the future. I don't think that the Council should rash ahead and pass this in one reading or in one night and wave the readings. Lehman: I don't think there's any danger of that. Erdahl: Right. Lehman: None whatsoever. Erdahl: Well I wanted to pick some low fruit to start off with. In the report, and I'm sure you have this buried in your packets somewhere but if you're like I was when I was on City Council it might help to have it called to your attention. I know those packets are pretty thick. In the background information and analysis that was provided by the staff to the Planning and Zoning Commission, there...that the first paragraph talks about the property being within the Northeast District and that the Northeast District Plan does contain specific recommendations for the Larson property but that unfortunately there are no specific recommendations for this property and that at this point because the zoning is already in place the City's review was limited. So we would hope that you would take a look at the properties surrounding the park and in the spirit of the comprehensive plan, the Northeast District Plan, look at what re-zonings are going to be coming up and make sure that whatever is necessary legally is in place so that when these newer subdivisions come in the staff and Planning and Zoning will have more power of authority. It's no disrespect to the developer that they're not going to voluntarily do certain things which subdivision process could help enforce. Restrictive covenants in terms of buffers, more buffering and some perhaps more creative approaches to minimum open space requirements when there's a park in proximity. And I just wanted to highlight that while the Council...before the Council. Again I do want to say maybe we have another solution to this particular situation and that we do want to on behalf of all of the members of the Friends of Hickory Hill Park want to say that we realize that these developers and the realtors involved are neighbors and they have acted in a neighborly fashion. But I think there are things that the Council can do and P&Z can do to try to make sure we have a little more power and authority the next time around. Thanks very much. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #12 Lehman: Thank you, Clemens. Champion: Clemens, I can assure you that when we do any rezoning we'll certainly take that part into consideration. Karin McKeone: Hi, my name is Karin McKeone. I live at 1181 Hotz Avenue. Could I give you a memo to follow along with? Lehman: Sure. Champion: Sure. McKeone: It might make things a little easier. I wanted just to thank everyone as well. We've gone through a process with the Planning and Zoning Commission and found them to be very supportive of our efforts. And we want to thank city staff as well, as well as the developers and everybody who's been part of this process. I just simply want to go on record tonight as far as some of the concerns that we still have about this development. Our obvious choice is to raise enough money to purchase the land and be able to do that outfight; however, I just want to go on record as saying that the Friends of Hickory Hill Park restate our concern regarding the proposed Hickory Heights plat. While we understand that the developer has met the minimum requirements of our zoning ordinances...and by the way there were some modifications in that planning and zoning process. We still feel the development poses a threat to the integrity of the park. We, along with other individuals and groups, ask the City to go the extra mile to ensure Hickory Hill Park is protected. The Iowa City Northeast District Plan calls for conservation residential designs to be used between First Avenue and Hickory Hill Park to provide a buffer between the residential development and the park. In order to sustain the environmental quality and habitat of the sensitive parkland the developer, as a minimum, should provide a conservation easement as a buffer. Because this development does not minimize the impact on the park vistas and habitat, it is not consistent with the City's Comprehensive Plan. Second point, the Friends agrees with the Planning Staf£s recommendation to short the cul-de-sac by 200 feet and group the houses closer together at the top of the ridge to minimize the impact on both the park and the vista and of course the habitat. The Iowa City Parks and Recreation Commission shares our concern with this plat and they state, "The commission is troubled with the development in its present form and is willing to support community efforts to discover alternatives intended to protect Hickory Hill Park". The Friends are also uneasy about the impact that construction of this development may have on the landscape and by that we're talking about silt and the types of runoffs that we may get This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #13 into Ralston Creek. We agree with the statements in the memo sent to the City by the Johnson County Soil and Water Conservation District that greater efforts can be put forth by the developer and engineers to control erosion and water runoff. And hopefully you have that memo in your packet. We are also concerned about the storm and...storm water pipe that runs to the stream and the erosion it is likely to cause to the bank not to mention the particles such as sand, salt, chemicals that it will carry into the park. We are not opposed to the idea of development, but for all of the above reasons we feel there is more that should be done by the City in the platting process for this particular development to minimize its impact on the park, on the vistas and on the habitat. We ask that you do all that you can to buffer Hickory Hill Park for the public's enjoyment now and, Emie, for your grandchildren in the future. And if you have questions there's a number there for you. Thank you. Lehman: Thank you. John Loomis: My name's John Loomis. I'm a resident of Iowa City. A member of the Friends of Hickory Hill Park. And for what it's worth, I own Loomis Construction Company, been here 22 years. As a response to the proposed development I'd like to briefly describe the Hickory Hill Park...what Hickory Hill Park is and what it means to this community, just in the hopes of garnering some support whatever form it can come from the Council. Lehman: You understand that the only determination that the Council has is whether or not they have met the requirements as set forth in the City Ordinances? Are you aware of that? Loomis: Yes. I understand that. Lehman: Okay, go ahead. Loomis: The park is 180 acres of land originally described by the original surveyor who documented the park in 1839 as rolling prairie with first and rate.., first and second rate soil, scattering timber along the creeks and large trees scattered throughout the area. Later on it became a farm, segmented into farm and used as a pasture. Now it's a former pasture gone wild and set aside by our City forbearers for use by the public. It has trees and fields and hills and creeks and wildlife and grass, bridges and trails and shelters and parking lots and it is close to town. It's public and it has a horizon. And this is what's important about Hickory Hill Park, it has this horizon. There are places in the park you can go and spin 360 degrees and still see only the park. Many people love this park and want to help it. Maybe we can This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #14 manage to restore the prairie or abate the vegetation problems. And maybe soon we'll have trails everybody can use. And all the dogs can rtm free somewhere. And all the (burgers?) and lovers and hikers and high schoolers and picnickers and oldsters and kiters can go there and do their thing maybe not even knowing or being aware of what treasure they have. But we here tonight can be aware of what they have. They have this magnificent archetypal Iowa landscape and they have this magnificent public asset whose very character is defined by it's size, it's wildness and it's horizon. And it is ours. It belongs to the people of the City of Iowa City and it is right here in town, accessible, useable, available to us. Why should we, the people, yield a private interest that would go to the edge of our park and take the value out of the park for personal gain and profit? Why should a few people derive value from the park and devalue it for the rest of us? We, the people, established this land as a park and therefore established it's value as a treasure (can't hear) place. The value of this land belongs to the public. The character of this land should be maintained for the public. The right of the public should be asserted here. We should be able to say what happens at the edge of our park. The edges can be managed to the advantage of everyone, public and private, without devaluing the park. In this case, in the case of the Hickory Heights Development and the hill that it would occupy, in this case the public interest should override private personal gain. This hill and his horizon should be accessible to all people for all time. That sums it up for me how I feel and I hope that some other people feel that way. I hope you can help US. Lehman: Thank you, John. Andrew Epstein: Good evening, my name is Andrew Epstein. I spoke to the Council a month ago. I spoke to you just to inform you about fund raising effort that the Friends of Hickory Hill Park had initiated. Once again it's called the Land Enhancement and Acquisition Fund affectionately known as LEAF. I want to give you a brief update on that but the reason why I bring it up at this heating is because I and the committee that helps us run this fund raising effort and those who have already donated funds and pledged funds to this campaign believe that something very, very unique and special is happening as a result of this process. What is happening is that friends of the park, environmentalists are sitting down at the table with the local land owners and developers to talk about how best the land should be developed and used. And I think that this is very, very important precedent that we are hoping to set. The fund raising campaign has been going extremely well. We believe that we will be in a position to purchase part of this land and in particular the hill on the southern end that we believe should remain open to the public. We believe that as a This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #15 result of this kind of negotiation we create a win-win situation. The situation wins for the park and for park users. This hill as you know...I know some of you have been up there recently, is perhaps one of the most beautiful parts of the park and maybe one of the most beautiful views in Iowa City. For the development to have a beautiful vista and park at the end of their street rather than private property is a win situation for the neighborhood that will go in near the park. We are very, very pleased with the new owners, potential owners, Mr. Watts, Mr. Kroeger and their lawyer Mr. Pugh who are willing to sit down and talk with us. So we're very pleased. We think that this is a great opportunity. And I ask the Council to please continue to think about how...at what roll you can play in helping this kind of collaboration and cooperation come to a successful conclusion as well as encouraging this kind of collaboration to continue, particularly around Hickory Hill Park but throughout the City in the future. I do want to let you know that if any of you or the public would like to contribute to this campaign please send a check or pledge to the Hickory Hill Land Enhancement and Acquisition Fund, PO Box 1681, here in Iowa City, 52244. And if you have any other questions about our campaign please feel free to ask. Thank you. Lehman: I really applaud your efforts. I really believe that this is how...you're handling this, I believe, the way it really needs to be handled. And I certainly complement you folks. Kanner: Andrew, I had a question for you. We're going to be looking at redoing the sensitive areas ordinance. Have you and your legal representatives talked at all or discussed with any Planning and Zoning Commission Members or with staff about proposals that you'd like to see in that? Epstein: Informally but it...please keep us informed of when and where we can be involved in those discussions. Kanner: Well I'd recommend you formally present some things that...in written form that you'd like to see because as a lot of people have mentioned tonight, our hands are somewhat tied with what the law is. And the Council will have an opportunity to change that for what some may consider better or worse. And so if your input was there that would be appreciated. What you'd like to see in the ordinance. Epstein: Great. I would also in that vein quote one of the members of the Planning and Zoning Commission who sort of spoke about the difficulty that they were having. On the one hand this member said that Iowa City has perhaps the most stringent sensitive areas ordinance laws and noted that many a developer and land owner has been This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #16 frustrated by these laws. On the other hand it seemed quite an obvious case that something needed to be done with this particular platting, this particular plan, this particular land but that nothing could be done. So I recognize that it's a very intricate and complex issue. And we would be happy to work with the Council in any way on that. Lehman: Thank you, Andrew. Kevin Hochstedler: Good evening Council. I'd like to commend everyone involved here. Bob Eliott's letter today in the paper was very great. That's what makes Iowa City one of the best small cities in America. My name is Kevin Hostedler. I'm the president of the greater Iowa City Home Builders Association. We wish to state that we are totally in favor of parks, green space, open areas which are meant to be enjoyed by all the citizens of Iowa City. The American dream of owning your own home is enriched should you have had the good fortune of growing up or living near a park. Neighborhoods grow to love, cherish and protect their neighborhood parks. The homes to be built here will in no way harm this area or compromise the integrity of this neighborhood. We're all here striving for the same goal. We all wish to enrich the lives of future generations here in Iowa City. This development meets all of the zoning requirements and should be approved on those merits. Thank you. Lehman: Thank you, Kevin. JeffCarmack: Hi there. My name is Jeff Carmack. I live at 304 South Sunnnit Street in Iowa City. I'm not a member of Friends of Hickory Hill Park although I go to the park nearly every day. I've been living in this town offand on for roughly fifteen years or so. I've also been all over the country and to other places of the world and I just have to say that Hickory Hill Park is unique. There is no where else in the United States that's exactly like this, that is so close to...I mean it's within the borders of Iowa City and that uniqueness must be preserved. I just can not stress enough that you don't know what you have here. And also I'd just like to say that very well this hill in question...I don't know if there's...there's probably not...I don't know the terminology for it or anything but you know this is Milo's Meadow. It's like a literary landmark, if you all know what that is from Bloom County. So I just kind of really like not to see it paved. Thank you. Lehman: Thank you. Tom Carsner: My name's Tom Carsner. At various points throughout this process I've heard the phrase there's nothing we can do. Our hands are tied. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #17 And I think that's the worst thing that a public official can say in a matter like this or any other matter that is a point of public debate because it breads cynicism and turns people away from the system instead of encouraging people to get involved. And the first place that I heard this was from... (End of side one, 02-30) Carsner: We, several of us in town, got a letter from the senior legal council of the Ganette Corporation and believe it or not they said that their hands were tied. That they had binding contracts that would not allow them to do anything however much they wanted to preserve the park and help the community. And it was just kind of very ironic that a multi- billion dollar multi-national corporation could have their hands tied by a contract that...I've never seen a contract that someone couldn't get out of if they really, really wanted to and were willing to pay the price for it. And then in front of the Planning and Zoning Commission several people there with good intentions said that very regretfully there's nothing we can do, that the plan apparently fits all the ordinances and there's nothing we can do about it. And the only place that I've found some creativity and a sense of wanting to really make this work and to find something that would satisfy a big cross section of the community was through the city staff's report. And Clemens mentioned a couple of things that were in that report but also in that report it says that if this were a plat that was coming before the Planning Commission without it's present zoning that they would recommend that it be a conservation subdivision design, compact houses, move it 200 feet off'the hill, and in essence save the hill, preserve the hill as it's contiguous to the rest of the park, which would do much less to break up the viewscape of the park. And I felt and many others felt that this was really what the spirit of the Northeast District Plan and the City's Comprehensive Plan was all about. And that report, that part from the city staff is really the best response that I've heard from any public official on this matter. So it's before you tonight and I've heard some say that our hands are tied here. And I hope as others have said that this might be the last time that we have to face a situation like this when we're talking about property next to Hickory Hill, that we can do some things in the future to prevent this kind of situation. What I'm asking you to do is if you are sincere about your desire to protect the park that perhaps you could add an amendment or a short statement to your resolution if you are going to approve this proposal saying that it's your reconnnendation, that's perhaps as far as you can go, that the property owners follow the recommendation of the City Planning Staff in development of this parcel especially the moving the houses 200 feet off the southern hill. That would protect the view part, the viewscape of Hickory Hill Park. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #18 You could lend your voice, you could lend your authority to the voices of other citizens that have been expressed here and let the owners know your wishes and let the citizens in the commtmity know your wishes and our wishes to protect the viewscape of the park. And I hope this is something that you will consider and that you can do. Thank you. Lehman: Thank you, Tom. Holly Berkowitz: Holly Berkowitz, 612 Granada Court. I come to you again to ask you to consider the value of mom than just structure, more than just the cash for the private pocketbook of the short term. I ask you, I beg of you to balance natures budget and if that...if you don't know what that means think beyond cash, think beyond the corporate annual immediate cash flow and bottom line ora corporate pocketbook. There's more to life than that. It's...without the flows, without the spirit that Hickory Hill gives to all of us we can not survive. Constanza is an ecological economist out of Baltimore. He calculated the value, the monetary value, the productivity of these kind of lands equals more than the human GDP. I don't have the exact calculations but this is a new kind of economics folks. That in order to balance...we need to balance our human budgets. We need to balance nature's budget to balance human budgets and I don't see us doing that here. Have we done environmental impact statement for the erosion that's going to cause...it's going to cause...be a consequence of the road building and the house building and the inadequate housing practices that I see in Johnson County and beyond? Have we done an environmental impact statement for the loss of agricultural land, for the loss of habitat, for the web of life? You know, we have to be...we have to combine that our immediate easy structural abilities to manage monetary things that we feel so comfortable with with the more complex things of natural habitat that have real value but we don't include in our pocketbook calculations. So what are you going to do to balance natures budget? What is the value of quiet? What is the value of peace inside, of inner peace? What is the value of your children's future? Can we...can we have the guts to stand up and stop the urban sprawl that's killing us? First of all I would...I'd at least ask that you, the Council and the developers, to make sure that the land is protected from erosion which is not adequately addressed in most subdivisions. And the integrity of the productivity in the park and the impact of the road building and house building on that as far as bio- mass production and it's water filtering capacity and some of these things we can not put a dollar value on such as spirit. It's the spirit of religion that you can not quantify in cash but comes out ora place like this. And lastly I'd like to ask how does this fit in with the headlines This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #19 this morning, Council okays up to 3,500 homes for this area? What are the environmental impact statements for this? Lehman: That headline is probably grossly inaccurate. Champion: I think so. Lehman: But that's another story. Berkowitz: But please, you know it seems like so many voices have come before the Council and said we value this, it's our spirit and the...who owns Iowa City and Johnson County? Is it the homebuilders? It's the asphalt company. Is it the automobile industry? At what point are we going to stop sprawl and trampling our basic needs? Thank you. Lehman: Thank you, Holly. Kanner: Thanks, Holly. Lehman: We're going to take time for about.., and I really, really...if anyone has a comment relative to what this hearing is about, whether or not it meets the requirements of the ordinance. I think all of us sitting here in this room, both up here and out there, have a love for this park and I think that it's very important to all of us that we preserve the park as much as is humanly possible and legally possible. If anyone has a comment as to whether or not this meets this...the requirements that we have in our code I would entertain that. If not we will have another one or two and we'll close the heating in another five minutes or so. Pat Ephgrave: Thank you, my name is Pat Ephgrave and I wish to... I describe myself as an unhappy Press Citizen subscriber because I feel this all could have been avoided if they had let the City know what their plans were. But I do wish to thank the developers who I think have done an outstanding job of trying to cooperate, of trying to minimize the land and saying they're open to discussion. I hope the discussion isn't just to change the slope lines, which having lived on slippery slopes in California is a real issue. I really hope that they're addressing that. But if they are open to discussion I wonder if there's another way that we can meet the problem, which is the money. They put out a lot of time and money into this plus the money that the Press Citizen originally asked for and got. So ifI may use an analogy, if you were a house holder who had a small garage and couldn't be expanded cause it hit his property line but had teenagers who had cars and everybody wanted to get in the garage in bad whether, cause a lot of problems. But he couldn't do much about it. He did save money and he saved it to palm it and re-roof it and so come spring he was going to fix it. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #20 And then his neighbor decided to sell and he said look you can have the property next to the garage or I'll give you an easement. And the homeowner said gee that would be just what we need but you know I budgeted the money for roofing and painting and so thanks. Well the family admired that pretty garage but they were unhappy that they lost their one chance to make it bigger. Now you guys did a real pretty thing. You budgeted money for trails, over $400,000. You never expected this to happen. We didn't expect it to happen. But is there a way that you could possibly work with the Friends or whoever is collecting money to pay the gentleman who obviously put a lot of work into this and save the pretty stuff for another time cause this is the one chance to get that land. Thank you. Lehman: Thank you. Caroline Dieterle: I'm Caroline Dieterle and I will just very briefly say that I think the lady that spoke just prior to I...to my coming up here is right, that it's foolish to spend money on things like trails when you have land that is...once it's developed it's never going to be reclaimed. You won't have another chance ever. When it's gone it's gone. Our City is getting bigger and bigger so that the need for parks is going to be more and more intense as time goes by. Not everybody can get out into the surrounding county. And it seems short sighted in the extreme to spend money on the frills for inside the park when you have a chance to preserve this piece of land that's next to it. So I think she's right. Lehman: Thank you. Sarah Walz: Hi, my name is Sarah Walz and I'm from 1813 Momingside Drive and I walk in the park every morning. And I was talking to a friend recently and we were talking about this situation and what happens when a city tries to change a situation like this. And the word that I think comes up is takings, when the city takes away someone's rights to land or takes away the way that they want to develop the land. And he said but they...we never talk about givings. What's the City giving away? These homes are valuable because of the park, you know. People are going to live there because the land is open and they get that nice view. If the City suddenly decided that they didn't want Hickory Hill Park anymore and they decided to put in a trailer park or apartment buildings or whatever those homes wouldn't be worth that much money. And so these people get to make money because of what we have preserved and that somehow doesn't seem fair that there doesn't have to be any kind of conservation buffer, there doesn't have to be any giving back. It seems really unfair to me. And someone stood up here a moment ago and said these homes, this development will not impact the land at all. It will not impact the park. I really This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #21 encourage you to go out on First Avenue to where there's a new apartment building being built and walk down that sidewalk and look at the erosion that is happening. There's about a six foot deep wedge running all down the boulevard or parkway, whatever you want to call it, of erosion that nobody's checking up on, nobody's asking about. I'm sure it's not...I don't want to describe this like it's some kind of toxic waste dump. It's not. But these things do go on all the time. I mean, come on, nobody can guarantee that that this isn't going impact the land. And I wonder too in the zoning commission meetings they talked about oh the landowners would plant on the land. What's going to happen when all the deer in the park wind up in these people's back yards? And you know they will. And you're laughing because you know that they will and you've been through this with people not wanting to shoot the deer. And what's going to happen when this happens? And it will. And finally I want to say, you know, I think it's great that Friends of Hickory Hill Park are raising money. I think it's great that the developer's trying to work with us but at the same time I was just out at the park yesterday walking through the park looking at some...with someone from Johnson County Soil and Water and someone from the USDA kind of talking about the woods and what kind of things could we do, you know, could possibly be done to make...to restore some of the woodland. And the woman who I was talking with happens to represent or be with a group of citizens that are trying to buy the sand prairie area in the South District. And so there we sit looking at each other competing for the same money. And it's wonderful that we're out there trying to raise money to do this but we're competing with the people from the Englert. We're competing with the people who are trying to buy playground equipment for Hoover School. We're competing with...we're all the same people. And its like isn't it great that you people are doing this and I sort of feel like there's this core of great people in Iowa city and do other people get to freeload off us? I mean do we just have to constantly raise this money to protect this thing? And I don't mean that in a nasty way because I don't think people really do that but that I hope you realize that we have such limited time, all of us. And I'm not just talking about the fact that we all work and we all have full time jobs and we're squeezing this in between our other responsibilities but we have limited time to buy this land. And the sooner that you make this decision the smaller that amount of time is. And we're all competing with each other. So anyway, I just hope you'll give us the time that we can. I hope you'll look at this and see what the City is giving this developer and ask for the developer to give a little bit something back to the community. Thank you. Lehman: Thank you. We're going to take...Brandon you're going to be the last one, then we're going to take a break. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #22 Brandon Ross: Brandon Ross. I live in Iowa City. I think most of the comments that are important have basically been spoken. I would address the Council and ask the question what do you want to be remembered for in this town? And what's going to do the most good for the most people? I think that takes more of a heroic stance then a business as usual stance. You can talk about ordinances and zoning and it seems like one big smoke screen especially to the common person sitting at home if they happen to have cable TV watching this or reading what our friends at the newspapers may choose to print for tomorrows paper. That seems very abstract to a lot of people. But really concretely what I think a lot of people are looking at is do you want to make a decision for the City and the park or do you want to make a decision for a few and money. And in this case I think that whatever decision you make, I think that it would be a heroic decision and it would make a lot of common sense. We're not living in the 1950's or the turn of the century. There isn't unlimited land at this point. That park used to be much larger. It's already suffered a lot of, you know, cutting and slicing. And there used to be hunting in that park. It's a great resource and it's one of the defining resources of this town. More people in this community would be looking at that then what kind of benefit that we might get as a City by allowing 20 properties to be built in there. I say this is another issue that sort of...well that is like the Englert Theater. I know there's some people on the Council stood up for the Englert Theater and made it their project and I think this is the same kind of project that we're looking at here. I know that there's a lot at stake as far as home building and what are the rules and how can we possibly have a town where you may not allow some people to build according to ordinances that are in place but again as someone said this is our town and this belongs to us and friends at the Council. You are standing for a whole lot of people up there and you can make a decision that will be vastly popular by doing everything you can to save this park. And anything that you can do will be recognized and remembered. I know that I speak with...I've spoken with Mayor Lehman not too long ago and he told me...the last things he said to me he says I really want something for my grandchildren and my family. And I think those are powerful words. And you have to think about what is going to be there for your grandchildren. My one year old daughter...if you make those kind of decisions that allow a select few to build, you know, in areas like Hickory Hill Park which is the communities park. And so I ask you to do everything you can. Thank you so much. Lehman: Thank you. We're going to break until twenty after, ten minutes. Karr: Could we a motion to accept correspondence? O'Donnell: So moved. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7g Page #23 Wilbum: Second. Lehman: Moved by O'Donnell, seconded by... Wilbum: Wilbum. Lehman: ...Wilbum. All in favor? Opposed? Motion carries. (all ayes). (Break) Lehman: Before we close the public hearing I would like...does anyone have a comment that is relative to the issue which is whether or not the issue before us meets the ordinances of the City? That ultimately is what the Council has to decide on this issue. Loomis: I think you could look at the question of the Northeast District Plan about the vista. Lehman: That may well be but this heating is strictly on whether or not this meets the requirements of the City ordnance in namely the sensitive areas ordnance. Loomis: Oh, okay. Well... Lehman: And I think we all share the same concerns but what we have to look at at this particular hearing is that issue. So if we don't have...I'm going to close the public hearing. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7h Page #24 Lehman: Item h involves an item which I have a conflict of interest with. Dee Vanderhoef will handle that. ITEM NO. 7h. CONSIDER AN ORDIANCE TO REZONE APPROXIMATELY 2,800 SQUARE FEET FROM LOW DENSITY MULTI- FAMILY, RM-12, TO HIGIt DENSITY MULTI-FAMILY, RM- 44, FOR PROPERTY LOCATED AT THE NORTH END OF WEST BENTON COURT. (REZ01-00027) (SECOND CONSIDERATION) Vanderhoef: And the applicant has requested expedited action. Wilbum: Move that the rule requiring that ordinances must be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally past be suspended, that the second consideration and vote be waved, that the ordnance be voted on for final passage at this time. Champion: Second. Vanderhoef: Moved by Wilbum, seconded by Champion. Discussion? Roll call. (4/2, Kanner and Pfab voting in the negative, Lehman absent) Wilburn: Move that the ordinance be adopted at this time. O'Donnell: Second. Vanderhoef: Moved by Wilburn, seconded by O'Donnelt. Kanner: Point of information. How many votes are needed to pass expedited, out of six? Dilkes: Five, I think. Atkins: And you didn't get them. Karr: (can't hear) Kanner: We didn't get five. Karr: So 4 to 2. We can give it second consideration. Wilbum: There's second consideration. Dilkes: Three quarters of...It's three quarters of six. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7h Page #25 Karr: Yes because we have a conflict of interest so it's not seven... Dilkes: Ernie doesn't count. So, yeah. Karr: ...it's six. Dilkes: That's tight. Vanderhoef: Then... Wilbum: I move second consideration. Kanner: So we're doing second consideration? Atkins: Yep. Vanderhoef: Yes. Okay, moved by Wilburn, seconded by O'Donnell. Discussion? Heating none, roll call. Pfab: What are we voting on? Karr: Second consideration. Dilkes: Second consideration of the ordinance. Pfab: I'm going to vote no because it's too much money. Vanderhoefi Motion carries, 4/2 with Pfab and Kanner voting no. Kanner: No, that's incorrect. Karr: I'm sorry? Atkins: Yeah, Irvin voted no. Karr: 4 to 2 second consideration. Vanderhoef: That's what I said. 4/2, Kanner and Pfab voting no. Kanner: No, that's incorrect. Dilkes: No, Kanner voted yes I thought. No...did he? Wilburn: 5/1. Vanderhoef: Oh, excuse me. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7i Page #26 ITEM NO. 7i. CONSIDER AN ORDIANCE TO AMEND SECTION 14-6E OF THE ZONING ORDINANCE IN ORDER TO ALLOW GROCERY STORES IN THE INTENSIVE COMMERCIAL ZONE, CI-1, AS A SPECIAL EXCEPTION. (SECOND CONSIDERATION) Lehman: This is second consideration and we've been asked to expedite this. Wilburn: Move that the role requiring that ordinances must be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally past be suspended, that second consideration and vote be waved, and that the ordnance be voted on for final passage at this time. Vanderhoef: Second. Lehman: Moved by Wilbum, seconded by Vanderhoef. Kanner: Discussion please? Lehman: Yes. Kanner: I'll be voting against this. I think especially in a controversial issue like this shouldn't be expedited. If it is I'll be voting against it. Now there may be other votes that will vote to pass. It was a 4 to 3 vote before. It may not be, I don't know how other councilors will be voting. I just want to let people know that if it is expedited I'll be voting against it because of that reason. O'Donnell: I will be voting yes. I still prefer provisional use for this. But I will support it because I think that's, at this point and time, the only chance we have. Champion: And I will be voting yes. Although I voted against the last time it's because I didn't want it to have to go to the Board of Adjustment. But that was my protest vote. But I'll certainly vote yes this time. Lehman: As far as expediting this, generally speaking, I would concur with Steven that... Champion: (can't hear) Lehman: ...actions that are controversial, I think generally I would agree it would require three readings. In this case this particular item has been before the Planning and Zoning Commission and the staff and Council This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7i Page #27 for an inordinate amount of time and I certainly will support the expedited consideration because of that. Pfab: I have a question for Steve. Steven, if you...if we do not vote through second consideration would.., what would you vote or how would you look at that as affecting your vote for the third hearing? Kanner: Irvin, it appears to be a mute point since there will be probably enough votes to pass the...both expedited and the final reading. So... Lehman: Roll call on the expediting please. Motion passes, 5/1, Kanner voting in the negative. Wilbum: Move that the ordinance be adopted at this time. O'Donnell: Second. Lehman: Moved by Wilbum, seconded by O'Donnell. Karr: It's 6 to 1. Dilkes: 6 to 1. Lehman: What did I say? Karr: 5 to 1. Lehman: I'm sorry. Karr: It's 6 to 1. Lehman: 6 to 1. Okay we have the motion on the floor. Discussion? Karr: it was moved...I'm sorry, moved by Wilbum... Lehman: Moved by Wilbum, seconded by O'Donnell. Discussion? Vanderhoef: This is one of the hard things that comes to a councilor every now and then. I don't approve of either possibilities of putting the Fareway in this particular area. I think it's wrong. I don't have support for that and so I will be support this as the best option other than not changing any of the zoning for that area. O'Donnell: I don't think this is wrong at all. In this particular area there is not a convenience store. You can have a restaurant there. You can have a Burger King or a McDonald's there with, I believe, considerably more This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7i Page #28 traffic. This addresses a need on this side of town and I disagree, Dee, I think it's a good spot for a grocery store. Vanderhoef: Well, you do and I think there are other locations that are properly zoned for this on the East Side of town. And yes I do want a grocery store on the East Side of town and this isn't the best location. O'Donnell: Well have to disagree on that. Lehman: Well let me just... Vanderhoef: We sure will. Lehman: Let me just say that this is certainly one where there's a tremendous amount of disagreement and it appears to me that the special exception really answers the questions and the concerns of just about everybody. And I believe that's the appropriate way of doing it. Roll call. Vote is 6 to 1, Kanner voting in the negative. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #7n Page #29 ITEM NO. Tn. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF FIRST AND ROCHESTER, PART 4, A 24.25-ACRE, 36-LOT RESIDENTIAL SUBDIVISION, LOCATED AT THE EAST END OF HICKORY TRAIL. (SUB02-00003) Lehman: We've been asked to defer to April 2nd. Dilkes: Mr. Mayor? Lehman: Yes. Dilkes: We were asking for defer due to the legal papers. The legal papers are now in order. Lehman: We are not asked to defer. Do we have a motion? O'Donnell: So moved. Lehman: Moved by O'Donnell... Champion: Second. Lehman: ...seconded by Champion. Discussion? Pfab: I have a question. Where...since it was deferred I just want to know what was it again. Dilkes: We were just making minor changes to the legal papers and now they've been made... Pfab: No, no, I mean just where is this? What is... Dilkes: This is the First and Rochester subdivision. It's the one that they won't be able to get building permits on until First Avenue is open. Davidson: This is the end of Hickory Trail. Pfab: Okay. That's fine. It escaped my memory there for a second. Lehman: Roll call. Motion carries. (7/0) This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #8 Page #30 ITEM NO. 8. THE FILING OF THE CONSOLIDATED TRANSIT FINDING APPLLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2003 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. 8b. Consider a resolution authorizing Vanderhoef: Move the resolution. Lehman: Moved by Vanderhoef... O'Donnell: Second. Lehman: ...seconded by O'Donnell. Discussion? Kanner: A big chunk of this is for the parking ramp and other facilities at the Burlington and also for six buses. I had some concerns about both of those. With the first part that I mentioned that I voiced that before, the buses I've also voiced. I just wanted to articulate that although we might need the buses we're not looking at as strongly as I would hope to for buses that are not using diesel fuel. I think that's a thing of the past and we have to be more forward thinking and also looking for buses that don't have steps and other innovations. And because of those reasons, even though I'd like to see us get the money for buses and some of the other things, I'll be voting no for this. Lehman: Steven, I think we are looking at the low, low buses. I'd talked to Ron Logsden and I know they are considering those. 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 March 19, 2002. #10 Page #31 ITEM NO. 10. CONVEYANCE OF THE NORTH 182 FEET OF THE ALLEY IN BLOCK 102 LOCATED BETWEEN BURLINGTON AND COURT STREETS TO THE HEIRONYMI PARTNERSHIP. Lehman: Public heating is open. Dilkes: This one we're continuing until April 2nd and deferring the resolution to April 2"d as well. Lehman: Do we have a motion to... Champion: So moved. Lehman: ...continue the public hearing until April 2nd.'? O'Donnell: I will second that. Lehman: Moved by Champion, seconded by O'Donnell. Kanner: Why are we deferring this? Dilkes: We deferred the vacation as well and we've got a couple title issues we want to clear up before we proceed with this. Kanner: Thank you. Lehman: All in favor of continuance? Opposed? Motion carries. (all ayes) Item number 11, the conveyance of approximately 43,000 square feet parcel... Kart: Mr. Mayor, I'm sorry. Lehman: I'm sorry. Kart: Can you go back? Lehman: We need a motion to... Karr: Did we have a motion... Lehman: We need a motion to defer the resolution. Vanderhoef: Defer the resolution. So moved. O'Dormell: (can't hear) This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #10 Page #32 Lehman: Moved by Vanderhoef, seconded by O'Donnell to defer the resolution relative to number ten. All in favor? Opposed? Motion carries. (all ayes) Champion: You could have just written that in there Marian. Karr: I'm tempted to. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #12 Page #33 Lehman: Item 12 is an item with which I have a conflict. I'm Chairman of Oaknoll's Board of Directors. Dee Vanderhoefwill do this one. ITEM NO. 12. CONVEYANCE OF A VACATED WEST BENTON COURT RIGHT-OF-WAY, A 15,577 SQUARE FOOT PARCEL LYING NORTH OF BENTON STREET AND WEST OF OAKNOLL RETIREMENT RESIDENCE, TO CHRISTIAN RETIREMENT SERVICES, INC. Vanderhoef: Public hearing is open. Public heating is closed. Champion: Move the resolution. O'Donnell: Second. Vanderhoefi Resolution by Champion, seconded by O'Donnell. Discussion? Roll call. Motion carries, 4/2 with Kanner and Pfab voting no. (Lehman absent) This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. //13 Page #34 ITEM NO. 13. CONSIDER A RESOLUTION APPROVING THE ALLOCATION OF PUBLIC ART FUNDS AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, ARTISTS DORIS PARKS AND STEVE MAXON, AND THE IOWA CITY HOST NOON LIONS CLUB FOR A BRONZE STATUE OF IRVING WEBER. Champion: Move the resolution. Vanderhoefi Second. Lehman: Moved by Champion, seconded by Vanderhoef. Discussion? Pfab: How much City funds are going to be needed for this? Lehman: $50,000, which will be allocated from the public art allocation. Pfab: That's the same allocation where we reduced by 50,000? Champion: Correct. Atkins: That's correct. Lehman: Right. Pfab: I won't be able to support this. I think this is a great piece, a wonderful thing but I think there's...there are other needs and come before this. Lehman: Other discussion? Karmer: Yeah, I agree with Irvin and I'll be voting no. I think especially when the neighborhood arts program is in jeopardy. We've put a lot of resources into the downtown. I appreciate what the Lion's are doing in helping to sponsor this statue but I think at this time with the limited funds we have we should be putting it...make sure the neighborhood art project happens. I think that this project can happen and it's just a matter or private interest, raising some more money and perhaps delaying it a little bit. Vanderhoef: Well this project meets one of my goals which is to get our public involved in supporting the public arts above and beyond what the City can do. So this is a good public/private partnership and I will be supporting it. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #13 Page #35 Wilburn: Dee, do you recall...I'm trying to look at the total amounts here. My recollection is that Karin had said that there was about 38,000 in possible interest from the neighborhoods for the pubic art. Does that sound familiar to anybody else? Lehman: I don't recall. Vanderhoefi From the neighborhoods? Kanner: Possible what? Wilburn: That the neighborhood art in the neighborhoods where there was...I don't know if it was through the neighborhood associations or... Vanderhoef: That they were... Atkins: I seem to recollect... Vanderhoef: ...they were coming up with... Atkins: ...the same conversation. Yeah. Vanderhoef: ... some private funds from the neighborhood you mean? Wilburn: Well there was, I'm forgetting what it was called, the interest in have...in having art out in the neighborhoods. My understanding was there was about 38,000 in requests from the public art fund to do that. Champion: Oh, I see what you're saying. Lehman: Yeah. Wilbum: Remember... Vanderhoef: That they wanted that amount from the art committee. Wilburn: Right. Vanderhoefi Okay. Wilburn: Is it about that amount? Does that sound familiar? Lehman: That does sound familiar. Wilburn: Okay I'm looking at how much...if I were to keep a commitment to, in my mind, to that my interest would be possibly reducing the amount This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #13 Page #36 that the requested. But Dee or Emie or anybody, do you know what the logic from the Lions Club in requesting this amount cause this...it's a $25,000 project. Do you know what their rat...I mean, do they pick a certain percentage or was $15,000 enough to get them started? Or... Champion: (can't hear) Vanderhoef: The 50,000 is what is suggested and they have been working with an artist who has already put together the project and they've even talked about the amount to mount it and take care of all that. And the 50,000... Wilburn: 15. Lehman: 15. Vanderhoef: The combined would be enough to make it happen. Lehman: This was apparently discussed and recommended by a 5 to 1 vote by the Public Art Advisory Committee. Wilbum: Was that...Emie, I'm sorry. That was prior to our recommendation to reduce the amount. Lehman: No, I don't think...February 7th. I don't recall when... Atkins: My recollection was that...and the $30,000 figure, Ross, and I don't recall exactly what it was, is that that was a number that was used. That there was interest in the neighborhoods in having art at about that number. If you were to commit the 15 and you were fully funding the neighborhood art, it's a 30 or there abouts. That's within the $50,000 that's annually being set aside for the public art budget. That's how I've sort of understood the thing. Wilburn: Okay. Atkins: Does that...I can't say for sure but... Wilburn: I recalled...I recall Karin saying that those both probably would work. Atkins: And the 30 was a fully satisfying every neighborhood request and there wasn't any sorting or sifting process that you might want to go through, or staging them. Champion: Right, we could... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #13 Page #37 Atkins: I mean you could do 10, 10, 10... Wilbum: All right. Atkins: ...or something such as that. Champion: You know, Ross, I don't think this was before we made the budget cut they recommended this. Vanderhoefi No, I don't think it was either. Champion: But...and although...I mean, we still have committed 50,000 a year and I think some of that's obligated to something else by the way. I mean Karin presented that to us. Vanderhoef: Well the present budget is all obligated. Champion: Right, but to me this is a joint project with a lot of public...some public money going into it. And the neighborhood art could be staged if this eats that up. Atkins: And remember you always have...they're your commission, you always have the ability as a matter of policy to direct that we want neighborhood art programs... Champion: Right. Atkins: ...and they can come back to you with some recommendations. I mean you can always do that. Wilbum: Right. Okay. I would be interested in that. Champion: Cause I think the other thing they wanted to spend on was extending that line. Atkins: The literary walk. Lehman: Right. Wilburn: Right. Atkins: Yes. Wilburn: I got ya. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #13 Page #38 Vanderhoefi And if you're uncomfortable with it we could defer it. It isn't critical. Wilbum: No, no. I'm comfortable. I just wanted to... Champion: (can't hear) Lehman: Further... Wilburn: If Karin was around for me to pull that information. I just wanted to make sure it was done. Lehman: Further discussion? Pfab: Yes there is. There's just...it just...there's no sense of, that I can figure out any way that that's a relatively just way to allocate the arts money. If there's ever a project that would invite private contributions this is one of them. But you aren't going to find very many private contributions that go out into some of the lower...the neighborhoods that are desperately needing art project. I think that this is a lopsided idea of where our values are when we look at the whole citizens. Lehman: Other discussion? Pfab: So (can't hear) vote no. Kanner: I'd like to move an amendment to the motion that the amount be lowered to $5,000 for the City's commitment plus the hard cost of...hard and soft cost of installation. Lehman: Is there a second to that amendment? Pfab: I would second that. Lehman: We have a motion and a second to amend the amount to 15,000...to 5,000 from 15 plus the hard and soft costs of installing it. Is there discussion on the amendment? Pfab: I think in this...in a tight budget as this I think that that's a reasonable compromise. Lehman: All in favor of the amendment say aye. Let's do it by show of hands. I'm sorry. Those in favor raise their right hand. Opposed same sign. The amendment is defeated 5/2, Kanner and Pfab voting in the affirmative. Now any further discussion on the mot...the original motion? Roll call. The motion carries, 5 to 2, Kanner and Pfab voting in the negative. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #13 Page #39 Kart: Excuse me, could we have a motion accepting correspondence? Wilbum: So moved. Lehman: Moved by Wilbum... Kanner: Second. Vanderhoef: Second. Lehman: ...seconded by Kanner to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #14 Page #40 ITEM NO. 14. CONSIDER A RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FINANCIAL YEARS 2003 THROUGH 2005 AND THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2006. (End of side two, 02-30) Vanderhoef: ...move to defer to April 2nd. If I get a second I'll tell you why. Lehman: We have a motion to defer is there a second? Pfab: I'll second it. Lehman: We have a motion and a second to defer til April 2nd. Vanderhoef: Okay. We had a good discussion last night and I think we were in agreement with the budget cuts that were presented to us by the City Manager however, we did not talk about the plan for the capital improvements. And I want to be sure that when we put this in to the form of a motion that we're all real clear which projects we've moved to what year and what the total funding is for each year. O'Donnell: That's fine. It's fine. Pfab: Okay. Dee, are you suggesting that some of the pro...is your focus...is your interest focused on the presentation that was made last night. Vanderhoef: No. Pfab: Well that's... Vanderhoef: It is only on capital...you know, we talked about moving certain things to different years and I have not seen a total print out of what we are scheduled for for each year. And we still have to look at the bottom line on the bonding, total bonding. Pfab: If this is going to be deferring is going to allow the road project there to go for...to be put into the plan when it's now out in five I'm...I withdraw my second. Lehman: All this does... Vanderhoef: No. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #14 Page #41 Lehman: ...is delay our discussion. We have passed a budget for a next fiscal year. Atkins: You have... Lehman: This deals only with 03 through 05. Atkins: You have fulfilled your legal obligation when you adopted...this is a plan. Nothing would be added or taken from. Pfab: Okay. Atkins: And given the questions that you're asking.., and you recall from the memo that I have not finished the capital analysis. We'll do that, get that back to you. Then you can vote it up or down. Pfab: But... Champion: So this doesn't have a deadline? Atkins: Nothing is getting added to. Vanderhoef: No, no deadline. Pfab: Okay. O'Donnell: Fine. Atkins: The only decision (can't hear). Champion: Okay. Pfab: But if it's...basically you're saying it's an administrative delay? Atkins: Yes. Pfab: That's fine. Kanner: Wait. Couple things. One, well it is changing things. There's...but you're making changes in our capital proposal. Champion: We've already made the changes. Atkins: I will...any change in capital will be at the direction you provided during your budget review process. Nothing new. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #14 Page #42 Champion: Right. Kanner: Right, but... Atkins: There shouldn't be any surprises. Kanner: ...in addition to the things that you brought to us last night... Atkins: Last night was operating budget. Champion: That wasn't capital. Atkins: Operating budget I'm assuming is behind us. Champion: Done. Atkins: It's done. Vanderhoef: It's done. Kanner: Well then...operating budget is part of the financial plan. Atkins: Right. Kanner: So that's part of what we're adopting in this resolution. So we're looking at... Champion: This is the capital improvement. Kanner: ...operating plan and capital. I mean, not that I agree or disagree with what's in it. I'm just saying that it is...you're proposals are going to be looked at when we finally vote on this. Atkins: That's fight, two weeks later. Kanner: Just to be clear. Atkins: Yeah. Kanner: So it does involve that. It's not just administrative thing. We're changing what was originally presented to us that we were going to vote on a couple weeks ago. Atkins: Okay. Lehman: No. What we voted on two weeks ago... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #14 Page #43 Atkins: I think I understand Steven's question now. I misunderstood at first. You have adopted a budget for fiscal year 03, compliance with the Iowa law. That's done. You directed that you wanted the 15% policy, 1% reduction. That was presented to you last evening. You reviewed those and accepted those. Obviously there was some disagreement. In order to adopt that...those amendments that we proposed last evening as well as a capitol plan, which you all found...find acceptable. I would recommend that you defer this and I will bring this back to you. But Steven is correct that you could entertain other discussion on the operating budget. And the point of getting it back to you in April, the budget doesn't go into effect until the 7th. So there will be further amendments to the budget that you've already adopted as well as fulfilling the direction you provided for the capital plan. That will come back to you next week. Champion: Okay. Pfab: What... Lehman: Now what you're going to present will be the operating and capital improvements for 03 through 05 including the amendments which we saw last night and the changes that we made during our budget discussion. Atkins: Yes. That's correct. Lehman: And we can then change that however we see fit. Atkins: Decide whatever you want to decide. Kanner: The one other clarifying thing about Camp Cardinal. Just to clarify there was the headline in the paper saying that it was approved. We have made no decision to my understanding about moving the Camp Cardinal Road project from 05 to 03. Is that correct? Atkins: That is correct. Lehman: Exactly correct. Vanderhoef: We haven't had a discussion on it. Kanner: Right. So no...there's no done deal yet just to clarify. Vanderhoef: No. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #14 Page #44 Pfab: That's was my first question. Atkins: I understood from what you decided last evening was that this was presented to you for information. O'Donnell: And interest. Atkins: When we prepare a memorandum of understanding that's the critical document at which time you will agree to financing, staging projects, doing whatever and you have not seen that yet. You haven't done it yet. Pfab: And there was absolutely...there was...to my knowledge there was no public hearing really. Atkins: No there wasn't. Champion: (can't hear) Atkins: No, you're right, Irvin. There was no... Pfab: There was no neighborhood and there was no... Champion: There was a presentation that's all. Atkins: It was merely a presentation giving you a heads up that this project is out there. Lehman: All right. Pfab: I...what's... Lehman: Now, this discussion would more appropriately take place two.., on April 2nd when we talk about the budget. Pfab: I have one question that's not related to that. How soon do you think that you would be able to get that into our hands? Atkins: What into your hands? Pfab: Your...the...what we're going to be... Atkins: If you defer this I'll have it back to you in two weeks. Pfab: Any sooner than that? This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #14 Page #45 Atkins: I don't think so. Pfab: Okay. All right. I would like to see it as soon as possible. Atkins: Oh, as far as getting the document to you Irvin? Pfab: Right. Atkins: I'll always get that as quickly as I can. Pfab: Right, so I mean I would appreciate it if you would notify (can't understand). Atkins: I understand that. Kanner: Are you saying that maybe you want to defer it to a later date? Pfab: No. I don't think we can. Atkins: I would encourage you not to. Let's keep... Champion: We could but we don't want to. Pfab: No, I just...it appears to me that it may not take until April 2nd for you to finish that. Atkins: I'm hoping that it shouldn't Pfab: And if it does then I'd like to see it as soon as you get it finished. Atkins: And I understand that. Lehman: All in favor of deferring until the 4th...the 2nd...the 4th of April... Kan': The 2nd of April. Lehman: 2nd of April. Karr: 4/2. Lehman: 4/2, say aye. Opposed? Motion carries. (all ayes) This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #18 Page #46 ITEM NO. 18. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD LANDSCAPE IMPROVEMENTS PROJECT. Lehman: It looks like we got about six bids. O'Donnell: Great bids. Lehman: The estimate was $210,000. The low bid was $134,526.70 from Culvers Lawn & Landscape in Marion, Iowa. Public Works and Engineering recommend the contract to Culvers Lawn & Landscape. Do we have a motion to that effect? O'Donnell: So moved. Champion: (can't hear) Vanderhoefi (can't hear) Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion? Champion: Yeah, I mean why is it such a huge difference? Was there not...did they develop a plan or were they given a plan to bid on? Atkins: Oh, I'm sure they were given... Lehman: Well look at the difference in the bids. Aktins: Kim's in the audience. Kim can answer the specifics. Champion: That's what I mean. Lehman: Yeah. Atkins: Could be inventory they have available. It could be a variety of things. Pfab: Could be a lack of other things to do. O'Dormell: There's a $200,000 difference. Atkins: Lack of other things to do. Yeah. Lehman: But $200,000 variance on $134,000 (can't hear) This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #18 Page #47 Pfab: Now is... Atkins: No, no. There's a 60,000...$70,000... Champion: No, no... Lehman: No, no. We're talking about the difference in bids. O'Donnell: (can't hear) Pfab: Somebody didn't want it they just wanted to (key?) in the pool. Atkins: Somebody, I think, wanted a...in the pool. Lehman: Somebody thought we were asleep at the switch. Atkins: A camel under the tent. Vanderhoef: Free advertising. Lehman: Further discussion? Pfab: I wouldn't...now there's no...the low bid such as this doesn't invite increases as we go along? Atkins: No, it does not. Champion: No. O'Donnell: It's a bid. Atkins: I mean it's...the bid is good. The company is reputable... Pfab: Okay. Atkins: ...in the field. We allow certain flexibility to make decisions in the field but, Irvin, nothing that would even approach the project estimate. Lehman: But they're all bidding the same bid document. Atkins: Yes they are. Champion: That's (can't hear) Atkins: Well we hope they do. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #18 Page #48 Lehman: Okay. Atkins: Yeah. Pfab: Some had fired their help and they don't want to rehire. Lehman: Okay. Folks... Vanderhoef: And 50% of this is University... Atkins: Yes. Vanderhoef: ...and 50% is City. Lehman: There you go. Right. Roll call. Motion carries. (7/0) This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #19 Page #49 ITEM NO. 19. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN PROJECT. Pfab: Move the resolution. Lehman: Bid opening was on March 12th. We received it looks like 8 bids. Estimate of $745,000. The low bid from TAB Construction Company, Inc. from Davenport was $613,040. Public Works and Engineering recommends the contract be awarded to TAB Construction. And we have a motion from Mr. Pfab. Vanderhoef: Second. Champion: Second by Champion. Lehman: Second by Champion. Discussion? Champion: We're getting such good bids I think we ought to move all of our capital improvements up to this year. Lehman: I think we better leave it alone. Roll call. Motion carries. (7/0) This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #20 Page #50 ITEM NO. 20. CONSIDER A RESOLUTION AUTHORIZING TItE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT- OF-WAY BETWEEN THE CITY OF IOWA CITY, ItAWKEYE- BAY STATES L.R.C., AND MIKE AND MARTY ENT. DBA QUINTON'S BAR AND DELI FOR A SIDEWALK CAFI~. Wilbum: Move adoption of the resolution. O'Donnell: Second. Lehman: Moved by Wilbum, seconded by O'Donnell. Discussion? Kanner: Yeah, I noticed that we had a third party. I've never seen third parties usually with this. I was wondering if anyone know who Hawkeye-Bay States L.R.C... Champion: The corporation owner. Karr: They're the corporation name. I would have to check the papers in my office. I don't have it with me. Champion: Quinton's is a chain. I'm sure that's the corporation that owns the Quinton's and maybe many other things. Kanner: But why would we have three parties that were party to the agreement? Kart: The owner, the tenant and the City. Kanner: It doesn't seem like we've had that in the past have we? Karr: Well we haven't had it if they own the building. Kanner: What's that. Karr: We haven't had it if they owned the building. It's just the way the corporation is set up and the ownership of the building. Kanner: Okay, I don't... Kart: We have had it in the past. Karmer: I didn't assume...I guess I was wrong. A number of these restuarants, I didn't think they owned the building but we had agreements with them and we didn't need to have the building owner. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #20 Page #51 Karr: The agreement always calls for the tenant, the landlord if they don't own the building and the City of Iowa City to sign. Kanner: Okay. Pfab: It appears it might be a franchisee also in here. Karr: That is possible, it just depends on the paperwork. Dilkes: Better more than less. Lehman: Thank you. Okay this is... Vanderhoef: I've got a... Dilkes: Spoken like a true attorney. Vanderhoef: I've got a question. We were talking about...last summer and fall about that walkway clearance between the city lights and bike racks and all that stuff and where the fencing is. Has the design review committee done anything about that yet? I know we're getting ready to start and the way I read it in here this was only a nine-foot clearance. Karr: An eight-foot clearance is the minimum requirement. It still remains at eight-foot. Vanderhoef: And we were talking about moving that to ten. Karr: And I didn't sense that there was a direction of Council... Champion: No. Karr: ...to do that. If there is we can certainly take it back to the committee. I did...I know you mentioned it. Vanderhoef: And I thought you were going to work on that and bring something back to us. Lehman: As I remember it... Champion: I don't think the rest of us supported that. Lehman: As I remember it we talked about if that were a problem we would look at it. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #20 Page #52 Wilbum: That's my recollection. Lehman: If it's not a problem we weren't going to do anything with it. Pfab: I would. Wilbum: That's my recollection. Pfab: I would concur with Dee that that is a problem. Champion: No it is not. Pfab: I think the eight-foot is not enough. I at first, when she first brought it up it looked like eight-feet was a lot. I support Dee in that position. Kan': If them is a majority who want us to look at that we certainly can. I can tell you, just off the top, I suspect it could potentially cut in half the number of sidewalk cafes. Champion: It would. It's be a terrible... Pfab: And it... Lehman: We also have approved sidewalk cafes that have clearance... Karr: These are a one-year lease. Lehman: Yeah but... Vanderhoef: So they're coming up for review right now and that's why I bring it up at this point since this is a new one and all the others will be coming. Karr: This is...well it's a new one but it's a renewal of an existing one. Champion: It's been there. Pfab: I... Vanderhoefi They're asking for a permanent fence now. Karr: No. Lehman: (can't hear) Kart: This is the same anchored fence that they had in past years. This is the anchored railing fence. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #20 Page #53 Lehman: Right. Karr: It's the same one you had approved previously. This is going into their third year. Vanderhoef: Okay, I'd forgotten they had one. Champion: I think we have to be careful that we don't make regulations that are so stringent that nobody can do anything. I mean, I think when you go to cities...sidewalk cafes take over the whole sidewalk. I don't think we need to take over the whole sidewalk, Dee, but eight-foot has worked really well. It certainly allows people to pass by. Ifwe increase that any more we're not going to have sidewalk caf6 on account of our sidewalks simply aren't wide enough to handle it. And I guess I wouldn't want to stop that. Pfab: I would respectfully disagree with my honorable person next to me and I would support Dee in this. Lehman: May I suggest that we...because we have...we had looked at this last year and apparently determined that eight-foot was at least acceptable, that we go ahead and approve the sidewalk cafes for this year and look at the possibility of changing it for next year. I mean, I think we have... O'Donnell: Well lets see... Pfab: But I think that's what we said last year. Dilkes: Are there...Are there... Champion: Maybe there aren't four who even want to look at it? Dilkes: Are there...yeah, who are interested in looking at it. Lehman: All right. Well first...all right. Are there four people interested in changing the width clearance for sidewalk cafes? Pfab: I... O'Donnell: No. Vanderhoefi I'm interested in looking at it. I'm not saying I'll change it but I am interested enough... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #20 Page #54 Lehman: Are there four people interested in looking at it cause I think the staff has looked at it. We talked about it a year ago. How many's interested in looking at it? Kanner: Well three I guess we need, don't we? Lehman: We have... Kanner: I'm interested in looking at it. Lehman: We have three who would be interested in looking at it. Karr: Okay, I just need to clarify that again these are up for renewal each year and they are one year. You're going to be getting four or five here in the next couple months... Vanderhoefi I know. Karr: ...that's going to impact their operation. If there's any indication...this is going to take it back to the drawing board... O'Donnell: Why is this necessary? Lehman: Let me rephrase it. Karr: ...for the year. Lehman: Is there any interest in changing the requirement for this year? Champion: No. O'Donnell: No. Pfab: I would... Karr: For this year? Lehman: How many are interested in changing the requirement for this year? Karr: Cause that'll...we'll bring it to you as soon as possible but it does effect I know three this summer. Lehman: All right. Vanderhoef: I'll go with let's look at all of them this summer when they're all in place and... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #20 Page #55 Pfab: And I recommend we do a tour. Vanderhoef: ...see where... Karr: Why don't I provide you a memo of how many we have,... O'Donnell: You two go. Karr: ...the requirement... O'Donnell: (can't hear) Karr: ...and then you'll have that before you and we can... Vanderhoef: Because part of it was whether there were other impediments on the street near that... Kart: Many of them have that and barely meet the eight-foot. Vanderhoefi That's... Champion: They do meet the eight-feet. Lehman: They do meet... Kart: But they meet... Lehman: They do meet. But they do meet it. Kart: They would not be operating if they wouldn't be. Vanderhoefi But I'm saying do you have to go around the impediment to get the... Pfab: Yes. Karr: But there is a requirement of a minimum eight-foot requirement. Lehman: Clear space. Karr: So that eight-foot free space. And that includes light polls, garbage cans, bike racks, trees. Vanderhoef: Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. //20 Page #56 Champion: You know, I think...and I'd just like to make one more comment on this. Is the other thing is, people have invested money in these. These are not just stuff they bring out of the basement. This is stuff that they put things in the cement to hold them. Vanderhoef: A few, dear. Champion: And they're expensive and I think if we're going to start messing around with the feet now, they've already ordered the stuff and have spent money on it. I think it's grossly unfair. Lehman: We've agreed we're not going to mess with them and if we don't pass this we're not going to have any either. Pfab: The unfairness... Dilkes: And we're not going to talk anymore about changing it. Lehman: Right. Could we have... Pfab: The unfairness was...I don't think it was the unfairness to them. I think the unfairness was Dee had asked for this, she thought she was going to get it and she didn't get it. O'Donnell: Irvin, it didn't get support. Lehman: Hold it folks. Let's do a roll call on this one. Roll call. Kanner: We're voting on the... Dilkes: This particular agreement. Lehman: Sidewalks, item number 20. Lehman: The vote is unanimous. Item 21... Kanner: Wait, just to clarify, Ernie, if you don't mind. Lehman: Yes. Kauner: Are we going to have a work session or... Pfab: Yes. Champion: No. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #20 Page #57 Kanner: ...a memo on this issue. Pfab: For next year. Yes, I think...that's what I would support. Vanderhoef: I would like to see it come back in the fall... Pfab: We got three. Vanderhoef: ...after we've had the summer with all of them in place again. Kanner: Well we don't have to wait for the fall. Pfab: No. Kanner: (can't hear) summer. Pfab: We want to do the study while they're in place. Champion: They have eight-foot... Kanner: Marian, could you send a copy of a memo to the coalition, the Johnson County Coalition for persons with disabilities. Champion: Are there four of us that want to do that? Pfab: We put it on the agenda anyways. So they can be invited. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #58 ITEM NO. 25. CITY COUNCIL INFORMATION. Pfab: I think what I would just do is read the little statement, one line statement, on the bottom of our...below adjourmnent here. View support documents for City Council agendas online at www.icgov.org/councilagends.asp. Lehman: Okay. Connie? Champion: Well this...I think I probably can just talk to Karin Franklin about this but tonight when the Friends of Hickory Hill where here about the subdivision, I know we're...I know what I have to vote on. I don't need a lecture on that but I am wondering when that went to Planning and Zoning and I know Kahn's not in town right now. Part of that Northeast District Plan calls for preserving vistas and I'm wondering if that was considered when that...plotting that land was okayed. Because it seems to me that that's certainly is a vista. It certainly is from the park and for the City and that's definitely in that District Plan SO... Atkins: I suspect in the plan that it has the preservation of vista or minima...mina...you know what I mean. Lehman: Right. Atkins: Minimizing the impact and I think that's where you get down to a judgement, Connie. I'll check with Bob Miklo tomorrow and get a note out to you saying... Champion: Okay. Atkins: I'm pretty sure that was discussed because when the staff was running it by me it got talked about. Champion: Fine. Sure. But I just...I haven't heard it mentioned and when I asked them tonight about it and they said that they...they thought that was going to be an issue but it wasn't. So I'm just curious why it wasn't. Dilkes: I think there was discussion about that at the Planning and Zoning level. Atkins: I think it was too. Dilkes: And I think...I think the issue here though is that there's already been zoning put in place. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #59 Champion: I know that. Dilkes: So you don't just look for compliance with the Northeast District Plan at this point. We're looking for compliance with the zoning. Champion: But it would still have to comply with the Northeast District Plan. Dilkes: You zone pursuant to your comprehensive plan. Presumably once the zoning is in place you've done that. Champion: Okay but they may answer my question right there, Eleanor. Atkins: It's easy enough to check and we'll... Lehman: Mike? O'Donnell: I just one thing. I read in the paper that a meth lab was found in Hickory Hill Park. Do we... Atkins: Remnants of one, Mike. I mean everything that was there gave... O'Donnell: Everything was there. Atkins: ...indication that meth was being made. That's right. O'Donnell: In the park? Atkins: In the park. O'Donnell: Do we periodically patrol that park, Steve? Is them... Atkins: Oh, yeah. O'Donnell: Is it possible? Atkins: One of the interesting ironies here...the meth remains were discovered by an 0ff duty police officer who was walking in the park with his family. Just happened to observe it. Just stumbled upon it. Champion: I wouldn't know it ifI saw it. O'Donnell: No, I wouldn't either. Atkins: Well... O'Donnell: And there's many... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #60 Atkins: ...obvious... Pfab: Ignorance is not an excuse. O'Donnell: Many young folks use that park and that's...it should be a concern to all of us. Atkins: Of course remember the warmer weather we'll start getting dogs at large complaints and we will be putting an officer in on the bikes. Lehman: Right. Atkins; Remember we do have the trail system now. I think the trail system is going to add folks to the park. Champion: It will. Atkins: It will also add to our ability to get around. Yeah, I think it was pretty much a shock to everybody, Mike. We were so surprised to see someone would be producing that in a park. Champion: We need a little golf cart to ride through the park to patrol it. Atkins: We'll give them bicycle it's better for them. Pfab: Okay, is... Lehman: All right. Pfab: Will we be enforcing... Champion: I'm a little punchy. Pfab: ...the dog, loose dogs... Atkins: Sure. Pfab: ...rather than just issue warnings and... Atkins: No, we sighted near the end of last year, Irvin, I think you'll remember that we kept getting more and more complaints. We actually issued citations. Pfab: Will we start the season issuing citations? This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #61 Atkins: Usually what we do is we start offwith warnings for a couple of weeks because there's a regular sort of clientele that uses the park and once the word gets out then there's really sort of no excuse and we will cite. Pfab: Can we maybe shorten that about a week? Atkins: Well... Pfab: And then after that... Atkins: I'd like to say let's give officer discretion. I mean someone may have a dog at large and immediately... Pfab: That's fine. Atkins: ... secure it. Pfab: I just don't want any restrictions on their ability to enforce it. Atkins: No, I can assure you we don't do that. Kanner: it will be effect though by your proposals of cutting back in...from our animal controls. Atkins: No, those are uniformed police officers we put in the park. Kanner: But I also assume though that the patrols that were talked about that would be cut back from our Animal Control Division... Atkins: No that shouldn't effect the park, Steven. Kanner: Where do they go for patrols. Atkins: They're actually... Kanner: They don't go in the park at all? Atkins: No. Rarely would they go in the park. They may go in the larger more open parks such as City Park or something but Hickory Hill has traditionally been uniformed officers. I mean I'll confirm that but I'm almost positive that's (can't hear) O'dormell: That was my only concern. Atkins: It was (can't hear) to me that way. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #62 Lehman: Dee? Vanderhoef: I would just like to report a little bit. I have been in Washington DC for the National League of Cities and participated in the municipalities and transition in the panel on municipal finance. This committee is moving on forward. There'll be a meeting yet this summer probably with the Lincoln Fotmdation of Boston and gather some more folk other than city folk to talk about changes in financing for all government agencies. The Transportation and Infrastructure Policy and Steering Committee of which I am a part chose a port authority and infrastructure and reauthorizations ofT21 as two of the study issues for this summer. Had a good time at the University City Caucuses and talked with other cities and compared notes of what's happening in their cities with their universities and colleges. One of the breakout sessions that I went to that I would...have been following...and you folks remember about a year ago Steve wrote a letter for us to our congressional delegation on the water infrastructure financing, and this is a piece of Senate Bill 1961 that is being marked up this week. In that meeting I ask specifically what we had been asking for from our congressman, that...how do cities like Iowa City that have been mandated to upgrade their water facilities, how do we qualify for any of the dollars that are being appropriated for infrastructure? They said that there wasn't anything that would preclude us from applying for dollars but obviously we would have to refinance our bonds that we already have in place. So it's something that we'll just keep a look at. We heard from Tom Ridge on homeland security and then we heard from Mel Martinez, Director of Transportation. Between the two of them I still didn't get a clear answer of whether funding for homeland security and airport security would come out of the transportation budget or the homeland security budget if they get one. So if it comes out of transportation this is a heads up that not only is there a large requested budget deficit of 9.4 billion out of transportation this year, if they also choose to put airline security into transportation I think we can expect a lot fewer dollars coming through for transportation and transit. That's it. Lehman: Thank you, Dee. Ross? Wilbum: A couple things. One, while we weren't able to discuss and vote on our resolution about the English only bill before it became law, I would encourage people to pay attention to Senate File 2240 that would eliminate a requirement that each child in Iowa receive a multi- cultural, non sexist and global education. I think it's important that children are allowed to be presented material to broaden their horizons and so I encourage people to contact their state legislators about that. So... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #63 Pfab: So, what is your position on that? Wilburn: I support...I'm against that senate file because I think it's important to have multi-cultural... Pfab: Okay. I thought you heard...I was...I thought I was hearing you say you were supporting it. Wilburn: No. Pfab: Okay, okay. I just wanted to be sure. Wilburn: If that came across that was no. So...So there's that. Second, we can have a discussion on this. I meant to bring it up last night but I'm wondering at our next JCCOG and/or joint meeting with the school board, the other cities and the county, if this might be an opportunity to have put on those agendas a discussion about whether or not those entities would be interested in this exploration about municipal power? Champion: Yeah, good idea. Lheman: I think that's... P fab: I would suggest that...support that. Wilburn: Would it be appropriate to have the City Manager send a letter to those bodies just saying... Atkins: I'd just put it on the agenda. Lehman: Just put it on the agenda. Wilbum: Put it on the agenda? Okay. Gmat. Atkins: As long as Marian acknowledges it we'll put it on the agenda. Wilburn: Are you acknowledging it, Marian? Karr: I'm acknowledging it. Wilburn: Okay. All right. Great. Pfab: She just wanted to see if she was awake. It's early yet. Lehman: Okay? This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #64 Wilburn: That's it. Lehman: Steven? Kanner: One, I want to thank the City Attorney's Department in its roll in the decision that came down on the side of open public records in regards to the water plant construction project and those records. I think it's always good when we have a ruling in favor or more openness and it was a good decision I thought. And I want to also thank the Iowa City Human Rights Commission for going on record according to Heather Shank for opposing the English as the official language bill. Like to mention my appreciation also of the Human Rights Commission partial sponsorship of the Women of Peace Panel that took place March 13th. I found that very interesting especially in their honoring of past peacemakers in Iowa City women, women who made peace. People protesting nuclear power, Vietnam War, putting in non- violence in the part of our code in regards to police. There were a number of women that were honored for that. And also like to mention that there's a United Nations organization that raises funds for women's empowerment and economic advantage throughout the world. And we have some representatives in Iowa City that are sponsoring a spring walk for Afghanistan women and girls and it's taking place from March 1st to May 31st. Dorothy Paul is a contact person. Local people are walking together or individually as a way to bring awareness to this issue and to raise funds for this group of people. You can contact her at 338-1230 if you wanted more information on the spring walk for Afghanistan as part of Unifem, the fund for women. Just wanted to also mention that I along with Emie and a number of other elected officials got to have the honor, I would say for most of us, to shadow West High students last week. It was really fun to go back to the classroom and to see what's happening at our high schools. And I had a great time with the student that I was with. And I want to thank Gary Neuzil for organizing...helping to organize that event as the teacher with the student group that put that on. And then finally, wish everyone a happy spring and Passover and Easter coming up in the next week or two. And finally have fun watching the Academy Awards this Sunday. I'm betting on Shrek as a sure winner. Champion: On what? Atkins: Shrek. Kanner: Shrek. It's a new category, animated feature. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #65 Lehman: I got just a couple things. The...frog in my throat. We have been challenged by a couple, three other cities and I know it's late in the month. But we have been challenged for the first ever mayor's blood cup challenge which is the most blood donors from Davenport, Macomb, Bettendorf, Moline, and Iowa City. Now I did donate blood today so we have one donation. That puts us in last place. We were in last place with zero until today. So I would encourage anyone who is interested in giving blood... Atkins: When is the date? Lehman: Pardon? Atkins: We have a...twice a year, you know, the employees do... Lehman: I know but we're missing...this ends at the end of this month. Atkins: Oh. Champion: You're in big trouble. Lehman: Well I don't think they're going to be... Atkins: And you told us today? Pfab: When did it start? Lehman: I just...this is the first meeting I've had since I got this. Pfab: When did this start? Atkins: The employees... Lehman: It ends the end of this month. O'Donnell: When can you give again, Emie? Lehman: When can I give again? Atkins: You give again. Lehman: Maybe before the nights over. The Mississippi Valley Regional Blood Center is the group that's... Champion: Tell (can't hear) the machine was broken. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #66 Lehman: Connie, you know about it. Mike, you know about it. Everybody hem knows about it if you wish to donate blood, which is a wonderful cause. I don't think there's going to be any particular bad ramifications if we don't win, which we probably won't but... Pfab: Point of information Mr. Mayor. Lehman: Yes. Pfab: When did...when did the contest start? Lehman: It starts right now. Pfab: No, no. Lehman: As far as you're concerned, it starts now. Actually... Pfab: Do we have any residual donors that we can apply? Lehman: Actually if we can go back and convince everybody at the University Hospital and also at the Mississippi Valley Regional Blood Center to count all of the donations from the first of this month, we'd probably be in first place but... O'Donnell: I would like to donate... Lehman: Right. I know you can't. O'Dormell: I'd like to donate Tom Gills blood from Coralville. Lehman; Right. But you want to donate gallons and they can only take pints. All right, that's enough of that one. I did have the pleasure a week ago last Saturday of meeting with a number of Vietnamese folks who are with the International Writers Workshop here in town. That was an absolutely delightful event. We met here in the Council Chamber along with some.., an interpreter and some folks from the University. And that program has absolutely international recognition and I'm afraid that most of the people in this town don't even know about it. But it was just a delightful...I have to tell you this. It was really funny. They were asking about Council things and I talked about the amount of input we got on budget, for example, as compare to shooting deer or to smoking ordinance. And I mention a thousand e- mails and letter and whatever. And one of them said in Vietnamese that he would never vote for me because of the smoking ordinance. And I reached in my pocket and I held up a pack of cigarettes and they This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #25 Page #67 all started laughing and they all decided that they would vote for me because I had a sense of humor. They were a fun group. Champion: They're very foolish. Lehman: They're very foolish. Okay. The other thing... Pfab: Easily maneuvered. Lehman: one other thing. Kanner: (can't hear) Lehman: I just got elected. One other thing and this is on a serious note. We have all received in our packets on more than one occasion letters from the public complementing our engineering staff along with several other people. But I think particularly engineering. And there have been a couple of very, very tickley situations we've had within the community with homeowners that had some folks very, very upset. And we have a number of very, very good folks. But one of the folks that received an award, which was in the paper...and I did not see this but Mr. Atkins brought this to my attention. But Rick Fosse got an award for the Outstanding Government Civil Engineer 2001 for out.., for sustained outstanding civil engineering performance and integrity in public...in the public sector. And as Council People and I know that you, Steve, as his employer have received so many accolades for this young fellow, who's not as young as he looks. But tremendous asset to this community... Atkins: Well deserved award. Lehman: Really proud of him and if Rick had been here I would have given him this, which is a facsimile of the award that he received. But give him our very best because he really is an asset. O'Donnell: We're very fortunate. Vanderhoef: I second that. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002. #26 Page #68 ITEM NO. 26. REPORT ON ITEMS FROM CITY STAFF. Atkins: Thursday, Economic Development Committee, 8:30. Lehman: Right. Atkins: Okay, just remember. That's all I had. Lehman: Eleanor? Marian? O'donnell: So we adjourn. Lehman: Moved by 0'Donnell... Pfab: Second. Lehman: ...seconded by Vanderhoefto adjourn. All in favor? We are adjourned. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 19, 2002.