HomeMy WebLinkAbout2011-04-04 TranscriptionApril 4, 2011 City Council Work Session Page 1
Council Present:
Council Absent:
Staff Present:
Others Present:
Bailey, Champion, Dickens, Hayek, Wilburn (arrived at 5:35 PM), Wright
Mims
Markus, Helling, Dilkes, Karr, Davidson, Boelk, Fosse, O'Malley
Higgins, UISG
Planning and Zoning Matters:
Hayek/ Welcome everyone, uh, to the work session. Susan will not be here tonight. She's
traveling, en route back to Iowa City. First, uh, item is P&Z item `e'.
Davidson/ Good evening, Mr. Mayor and Members of (mumbled, noise on mic) good evening,
Mr. Mayor and Members of the City Council. I'm Jeff Davidson, the Director of
Planning and Community Development. We have one plat this evening. It is an
application from Eye Physicians and Surgeons, uh, of 2615 Northgate Drive to
resubdivide, uh, a resubdivision of lot 19 of Highlander Development, first development,
to divide that into two lots, and I will show you...okay, there's the site plan, and
this...this lot right here is the newly subdivided lot that I'll be telling you about. Uh, just
to orient you, the front lot here, which I believe is lot 20...that's what's there right now,
the ENT Physician's office, and this is directly to the east of that, that we're talking
about, the crosshatched lot that you see there. Uh, the existing land use zoning is CO-1,
and that would of course remain the same. Um...the property that we're talking about, as
I mentioned, consists of lot 19 of Highlander Development, first edition. This was, uh,
recorded as a lot in 1984. Uh, at some point after 1984, the western half of lot 19 was
added to lot 20, and this recorded...this created a lar...lot 20 was that lot I just showed
you with the ENT building. This created a larger lot 20, and a smaller lot 19, and what
this application is doing is requesting a resubdivision to create a new lot 1, um, which
would be created from, uh, the portion of lot 20 that was formerly a part of lot 19, um,
and, uh, you saw the office building that's currently located there. So the purpose of the
platting exercise here is to create a new lot for possible future development. Uh, there are
no new streets or, um...there are no new streets, storm water management facilities, or
infrastructure associated with this, uh, project. Again, there you see, just to orient you,
uh, Northgate Drive here, uh, the proposed lot 1 carved out of lot 19, and... and what was
formerly part of lot 20. Um...let's see...um, a logical question would be since this is
currently a parking lot for the current building, uh, how will there still be enough parking,
uh, if we created another new building site here. Uh, it has been engineered to the point
there's...there's more parking than is required by the zoning ordinance right now, and it
is anticipated with the building that, uh, will be, uh, come through the site plan process,
that there will be adequate parking for both the existing building that's there and the new
building, uh, that is proposed. Um, as I mentioned, no new storm water fees, and the
utility infrastructure fees have already been paid. So no additional fees are required. Uh,
any questions about this particular project to establish this lot?
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Hayek/ Any concerns on your end that (mumbled)
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Davidson/ No. Pretty straight forward, um, I mean, we like these projects. No new
infrastructure at all. Just creation of another lot, another potential building site! Thank
you.
Council Appointments:
Hayek/ Thanks, Jeff! Okay. Next item is Council appointments. And, uh, there are from the
Planning and Zoning Commission, two vacancies...
Champion/ Well Charlie's just serving his first term, so I think we should give him a second
term. The other two candidates I thought were both really good and I couldn't decide.
Bailey/ Well and I think Carolyn would bring an interesting perspective to...but I agree with
you, I mean, both are (both talking) but I think Carolyn would...would bring an
interesting perspective to the Commission. But, once again, I'm open to what others
think.
Wright/ yeah, obviously I think any of the three (both talking) it is a nice position to be in!
Um...
Wilburn/ I would support Carolyn!
Champion/ Okay, I will too!
Wright/ Carolyn would do fine.
Hayek/ And as to the second position?
Bailey/ Well...
Champion/ Charlie!
Bailey/ Charlie (several agreeing)
Hayek/ Okay. Agenda items.
Agenda Items:
ITEM 8. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
WWTP BLOWER REPLACEMENT PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
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ITEM 10. ASSESSING A $300.00 CIVIL PENALTY AGAINST THE DEN
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011)
Karr/ Mr. Mayor, I have a couple agenda items, just to note for the record. Um, item number 8,
there is, uh, a correction in the comment. The estimated construction cost of number 8,
which is the, uh, replacement...lower replacement project. Please strike 375 and put in
280,000. Under...28...280 comma...that's in the comment. And item 10 is a hearing
and a resolution assessing a fine for The Den. The Den has paid the fine and waived the
reading. So we will be passing out a resolution, uh, simply accepting the waiver and the
fee tomorrow night. No hearing will be needed on item 10.
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
g) Correspondence
5. Elliot Higgins: 21-only ordinance
Higgins/ Um, at this time I'd like to, uh, discuss the...the letter that I entered into the
correspondence.
ITEM 8. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
WWTP BLOWER REPLACEMENT PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Champion/ Can I just ask a question? Before you (several talking). What is number 8? I have
no idea what it is. (several talking) I mean (laughter) is it a big fan?
Fosse/ It...it blows bubbles!
Champion/ Great (laughter)
Fosse/ It's a part of our waste water treatment process and it introduces oxygen into the waste
waters and it's part of the digestion of the wastes that are in the waste stream, and what
this does is, is it replaces the blower for that with one that's...that's clot more efficient.
It's going to save us about $60,000 in energy costs, and we're doing it through the
EECBG, uh, grant that we got. Don't ask me what that stands for, cause I can't
remember! (laughter) Uh, but...but that will help pay for a portion of the cost of that, so
that it's an energy efficiency grant (coughing, unable to hear) will be compatible with the
upgrades that will be made to the south plant.
Champion/ Okay, great. Thank you. Did all of you know what it was, or just were afraid to ask?
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Wilburn/ While you're sitting there I just want to say I think you've been doing a great...you and
your staff are doing a great job identifying energy efficient savings and...
Fosse/ Thank you!
Wilburn/ ...yeah, I think...
Fosse/ I'll pass that on.
Wilburn/ ...yeah, great job!
Fosse/ Thanks!
Champion/ Thanks. Okay, Elliot.
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
g) Correspondence
5. Elliot Higgins: 21-only ordinance
Higgins/ Well, first off I just want to thank you all for allowing to hear me out on this issue. I
know it's contentious, uh, it's definitely ahot-button issue in this community. So I do
understand your reluctance to discuss it, but...but thank you for giving me the
opportunity. Um...first I'd like to read a personal account that I found, uh, under the
comments, on the...when the Daily Iowan covered the...the letter that I wrote. Um, I
think that when the issue is considered philosophically it's easy to lose sight of the real
negative consequences that it has on people. So here is the account, and I'll preface this
by saying, I...I spoke with Eric Goers, um, earlier today, and he said that this particular
instance sounds like, uh, it involved the entertainment venue ordinance, um, but I' 11 go
ahead. I got a ticket at 12:15 A.M. on Wednesday at the Yacht Club at a bluegrass show
that no more than 20 people were at. I was not drinking, nor was I drunk. But the cops
still asked for my I.D. and gave me the big $730 fine despite my pleas to just let me leave
since the show was supposed to be over by 12:00 and had ran a little late. No luck! I
have a trial April 27th that I'm hoping that I will have some kind of luck in because $735
is roughly 20% of what I made last year working 20 hours a week as an undergraduate.
The person goes on to say, a sober kid listening to bluegrass 15 minutes past midnight is
$730 of wrong simply because the venue I was watching the concert in has a bar about
400 feet from the stage. I used my 20-year-old I.D. to get into the bar, was never told
that I would have to leave by midnight, and yet not 15 minutes past midnight, I was
getting issued the citation. I think this personal account illustrates, um, three important
points. One, I just want to reiterate, um, $735 was roughly 20% of what that person
made last year, working 20 hours a week as an undergraduate. Um, the second point, um,
you don't have to be drunk or drinking to receive this harsh penalty. Attendance at a
music show late at night also garners this punishment. And third, people make mistakes.
The atmosphere in a bar can be hectic and $735 seems a little excessive. Um, now I'd
like to refer to a letter that...
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Champion/ Eleanor, they have to be out of the music venue by midnight, is that the rule? Do you
remember?
Dilkes/ I...I can't remember. I'd have to go back (mumbled)
Higgins/ That's actually why I spoke to...to Eric, to make sure. That's what he thought it was,
because it's 12:00 as opposed to 10:00. So...I'd like to talk about the letter a little bit,
um, I'm not going to repeat everything I said in the letter, as I'm sure you've all read it.
But I want to, um, talk about three specific arguments that I make...that I made. Um, the
first two deal with uniformity. Uh, in Ames, the fine for being, uh, being in a bar under
the age of 21, um, the first violation of that ordinance is $100, which is one-fifth of the
Iowa City amount. Um, the second infraction is $200. It's a...it's a graduated fine. In
Ames and Des Moines, it is an unscheduled fine. So the judge could, uh, use his
own...use his or her own discretion in determining the fine. To make it more
appropriate, um, with the violation. So, clearly this demonstrates a disconnect between
our fine and the fines of other municipalities. Um, second, along the same lines of
uniformity, the comparison of the fine to other Iowa City penalties demonstrates an
unusually large disparity. For example, public urination is $50.00; releasing or molesting
animals is $25.00; open...having an open container of alcohol in public is $50.00; um, I
don't believe that a violation of the 21-ordinance warrants several times the fine of these
other offenses. And, uh, furthermore I noticed in the, uh... in the agenda today that a fine
for selling cigarettes to a minor is $300, which is, uh, $2001ess than the fine for being in
a bar after 10:00 P.M. Um, but the third argument that I made in the letter, which I feel is
the most important argument, and is the crux of the issue, um, students as a class are
financially constrained. Um, often living on fixed incomes (noises on mic) and often
incurring a lot of debt in...in the process of trying to gain the better education. Um, I
believe the...the number was...the students...or, students that graduate with that have an
average of 20, or approximately $22,000 in debt when they graduate. Um, so because
students are financially constrained, uh, if the fine was reduced or changed, lawbreakers
would still face the substantial penalty in relation to their financial situation. A
significantly lesser fine would suffice to maintain a deterrent effect for the majority of
students. In its current form, the law places an undue and unnecessarily harsh burden on
a vulnerable population. This burden is unnecessary because a lower fine would
accomplish the same deterring effects, and it is undue because it is inconsistent with other
(mumbled) provisions and related fines. While I support efforts to curb binge drinking in
Iowa City, it is unfair for students to be charged excessive fines for entering a bar. So I
would like to encourage you to consider the five proposals that I've made, and I would be
glad to hear any comments, concerns, or questions that you may have.
Hayek/ Thanks, Elliot!
Champion/ I just want to remind you Elliot not all people who violate the law are students.
Hayek/ Well let's...let's open it up for the...for the Council. I...but I just want to affirm to you
that, uh, we're never reluctant to discuss an issue that you'd bring before us, uh, you
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know, it's part of your responsibility as a representative of the student body, and frankly
part of our responsibility, is...as a Council that wants student participation in our process.
So, um, I...I applaud you for...for this, for your effort on...on this.
Wright/ You made the five, uh, proposed changes, uh, Elliot, and uh, one of them, the fifth one I
think is a tremendously good idea, to have the bars announce...
Higgins/ Right, and I think the personal account that I read demonstrates why this would be, um,
especially valuable. Cause in situations where there is an entertainment venue that is,
you know, that's a different circumstance, um...I'm sure the average student probably
doesn't necessarily know the specifics when it comes to the 21-ordinance versus the
entertainment venue option.
Wright/ Um, personally I would not be interested in changing it from a scheduled to an
unscheduled fee, um...that's...I don't mind leaving things for judges' discretion, but I
also think a certain amount of regularity for something like this is at least worthwhile.
I'm not...can we even do community services as an alternative, Eleanor?
Dilkes/ Uh...no, we would have to do some sort of deferred prosecution in order to use that as an
option. We can't set community service as the penalty.
Wright/ Okay.
Dilkes/ We can only do a fine, or um...jail time.
Champion/ I'm not interested in the community service aspect of it at all! But I am willing to
talk about a... graduated fine.
Bailey/ I would be interested in doing that, as well, I mean, lowering it and then making it
graduated?
Champion/ Like we do with, uh...um...
Dickens/ Parking tickets.
Champion/ No, but also we did it with, um...PAULAs, is with PAULAs.
Dilkes/ Yes, the State legislature did it. (several talking)
Champion/ I mean, I...it is a lot of money, I mean, it is a lot of money, especially when you tack
on all the other things that are tacked on to it, and I think it has served its purpose. I was
amazed at how many, um...fines have been given out actually! You would think that it
would get around pretty quickly that you don't want to take a chance on that.
Higgins/ In response to that, um, I feel like the current fine has been very effective. Uh, Vice
President Rocklin, um, sent me an email today that said 1% of students, 111, were cited
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during fall semester, um, so I think that it has been very effective, but I...my argument is
that a lesser fine, because of the financial burdens that students already have, would be
equally as effective. Um, I think, you know, if...if, let's say the fine was decreased to
$250, you're...a student, uh, when you add on court costs, is still looking at between
$400 and $500, and I think, I mean, that would deter me from (mumbled) certainly.
Champion/ Eleanor, how difficult would it be to track whether it was a first offense or second
offense?
Dilkes/ It would...it would involve more administrative work. I think it's difficult for the
officers in the field to do that. Um, the way that we do it with...with PAULAs is
we...they're typically all charged as a first offense, and then when they come to my
office, we amend the charge to a second offense. Um, so there would be that additional
work involved.
Champion/ But what about the, uh, tickets that the campus police give out? Do they come to you
also?
Dilkes/ The 21's?
Champion/ The University police gave out (both talking)
Dilkes/ It wouldn't be any different. I mean, we...we could still amend the charge.
Champion/ (mumbled) those tickets come to you though, that's what I'm asking. They come to
Iowa City?
Dilkes/ It's an Iowa City charge; we prosecute (mumbled)
Bailey/ I think that makes a...a lot of sense. I think this exemplifies...the opportunity to be
confused or make a mistake and certainly once that you do that, you're going to be much
more aware. If you're a chronic, you know, violator, then I think, you know, fines
increasing appropriately would...would help, potentially deter, but I think it addresses the
issue on both...on both ways. I mean, if you...if the show's running long, you make a
mistake, you stay, you violate it. You know, that's your first offense. You'll be more
attentive to time and what the rules are...later.
Champion/ And frankly it does bother me that the bars and music venues don't announce at a
certain time that people under 21 need to leave, because there's no punishment for them,
they don't care if you're there. They really don't care one bit! They like having
(mumbled)
Dickens/ They're usually good about last call (several talking)
Champion/ Last call's at 2:00 A.M. or 1:30.
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Dickens/ 1:30, something like that, but they usually announce that.
Champion/ That's because there's a penalty for them!
Wright/ Yeah, that's typically (mumbled) concerned about themselves and not about their
patrons. That's what we've run into before. Um, I'd be willing to consider rolling the
fine back some, not... a huge amount, because I think one of the reasons this has been
very successful is it is a really nasty, big fine. And if we're going to graduate it, I'd like a
second fine to be just vicious! You know, there's no other way to put it (laughter) like
750 bucks!
Dilkes/ 625 is the highest.
Wright/ The maximum? Okay, 625!
Bailey/ Once, twice...
Hayek/ Let me throw this question out there. Is...is now the time to do it? 21 is...the ink has
barely dried on...on this ordinance and uh, there's a part of me that's reluctant to do
anything, uh, at this time, uh, till we see how that plays out.
Dickens/ (mumbled) one year, what July 1St
Hayek/ Uh-huh.
Bailey/ Well, and we could...we could make this...I don't know, we could make this in effect
one year July 1St. I...I would like to be responsive to this discussion though, I mean, this
is...Elliot's brought it forward. It is a concern. Um, I know I got calls. I'm sure the rest
of you got calls about...about this. There's a lot of interest, um...
Dickens/ Lower it to $300 and the second one you double it to 600.
Bailey/ 625. I mean, it does...(both talking)
Dickens/ You can make a mistake once, but if you do it twice...it's either bad luck or, yeah.
Champion/ So, um...300, what's the actual fine now? Cause my brain's not working (several
responding) 500, so knock it down to 300, then the second one would be 500? Cause
then you add all those other...
Wright/ (several talking) 625 !
Bailey/ 625.
Wright/ That's the maximum we can charge. (several talking) I'd be willing to lower it as far as
$350.
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Dilkes/ Just so you know what the final amount is, uh, it's $65 in court costs that you would add
to any amount, and then 35% surcharge.
Champion/ Yeah, so it gets right up there.
Wright Oh, yeah (several talking) seen in the example Elliot just gave us, it went up to...it was a
$500 fine; it went up to $735.
Bailey/ Yeah.
Wilburn/ I think, uh, there's logic in your, um, contention to...the one-year point, um, and if
Council should do something, I would suggest, um, do something now, that it be effective
the July 1. Um...I would...I would be supportive of a graduated fine. Um...I would
suggest that if we see indi...if we're seeing indication we're having impact with the
$500, that $500 be the, um, second...the second charge.
Champion/ What would you like the first one to be?
Wilburn/ Um...what is the, um...what's the...is that...300?
Bailey/ 300, that's...yeah.
Wilburn/ Uh, making it consistent with that. Um...and then there's still...uh, the matter of
whether they are uninformed with the first one, then they're informed, and then as a
matter of choice is whether it's changing behavior and changing awareness.
Wright/ I wouldn't support it under those conditions.
Bailey/ And what about the requirements for bars too...announce, Imean, we can...we can do
that to a degree, right, I mean...
Dilkes/ You can do that. Our only hesitation on that is that we would want to make it clear that it
is not an element of the charge. In other words, if they (both talking) every time we
prosecute an under-21, we don't want to have to prove that that announcement was made,
and we could do that in the text of the...of the, uh, ordinance.
Bailey/ Right, because first and foremost it is the patron's responsibility to...to be aware, I mean,
but...
Champion/ I can just see, yeah, I can...it'd be easy to stay there. I mean, I would have trouble
leaving if I was having a good time! (laughter)
Bailey/ How many times do you look at your...your cell phone for the time (both talking) I never
yeah, well, no I mean, how many times...if you're having a good time you don't know
what time it is!
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Champion/ Right!
Bailey/ That's the indicator, that you're having a good time!
Markus/ Is there a written notice in the establishment now? (several responding) So, I don't
(mumbled) okay. (several talking)
Wright/ I think ultimately I'm hesitant to (mumbled) all together. This has been pretty
successful, as you pointed out, it's our first year. We're bounding back from what was a
pretty serious problem.
Champion/ Well, I don't...I think we've solved the serious problem, um...I'm willing to go $300
and then whatever the fine is now on the second offense...as of July 1St
Bailey/ I'm willing to do that.
Champion/ Are you willing to do that, Ross?
Wilburn/ Yeah. Did you have something, Eleanor, that you wanted to add?
Dilkes/ Yeah, I just...I did want to add, um, just so there's no confusion, um, I think Elliot is
making a policy argument, not a legal argument with respect to the excessiveness of the
fine.
Champion/ Uh-huh.
Dilkes/ But I just wanted to let you know that the, um, the argument was made in one of our
cases that it was unconstitutionally excessive. Um, and that was rejected by Judge Minot.
Dickens/ I would go the 300 in the first and...500 (both talking)
Champion/ 500 for the second?
Bailey/ Effective July 1St
Dickens/ July 1St. Because that gives us a (mumbled)
Bailey/ And then, shall we look at numbers six months into that and see (both talking)
Champion/ Well, yeah, I think we have to!
Wilburn/ That way if it's heading in a different direction then...
Bailey/ Absolutely!
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Wilburn/ ...go back to...
Bailey/ Absolutely!
Champion/ I think even a $300 fine, plus all this other stuff...you probably have to call home to
get that kind of money. Does...do courts take Mastercharge?
Bailey/ Somebody doesn't take plastic?
Champion/ I don't know (both talking)
Bailey/ I haven't had to...
Champion/ If you bail somebody out of jail you have to have cash!
Dickens/ I don't know; I haven't been there! (laughter)
Champion/ I've bailed a few people out!
Wilburn/ What other court costs and court fines would you (mumbled)
Hayek/ Sounds like there are four to go to a 300/500...500 for all subsequent, is that?
Bailey/ I would be willing to do a third at 625 ! I mean, if we want to send a message, I would be
willing to (both talking)
Champion/ That'd be fine, yeah (both talking)
Bailey/ I mean, a third I think is...that's a problem.
Wilburn/ (mumbled) with that.
Hayek/ What's that?
Wilburn/ I don't have a problem with that.
Champion/ I don't care (mumbled)
Bailey/ The third and subsequent would be at 625.
Champion/ Right, and that's fine. I don't have any problems with that.
Wright/ Hope nobody ever gets a third!
Bailey/ I do too! But...
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Wright/ But just in case!
Bailey/ Right! There's your vicious (both talking)
Champion/ (mumbled)
Dilkes/ Are the four supporting this...want 625 for the third? I can't (several responding) yes?
Okay.
Wright/ I'm not saying my judgment was any better when I was 20.
Champion/ I could legally drink at (several talking)
Hayek/ Was, uh...I don't know what the status is of the discussion is on having bars announce
the 12:00 witching hour, but uh, do you have concerns about that, Eleanor, or Tom?
Champion/ I think Tom did.
Markus/ Well, I, uh, Eleanor I think addressed my concerns. As a defense.
Bailey/ If we can put it in the text and...and it, I mean...
Dilkes/ And I'll tell you why...we've had this same issue with the notice requirement. People
coming in and making the argument that the notice wasn't posted, and having to prove as
an element of defense that the notice was posted, um, and so...but I think...we talked
about that today, and I think we could, uh, correct for that. In fact we probably connect
the notice one at the same time, and...and say it wasn't an element of the...of the, um, of
the offense.
Champion/ Right! Because even if you announce it over your loudspeaker system, they can be
so noisy in there, sometimes you can't even talk to the people next to you, let alone
something.. .
Wright/ Actually start thinking about this if there's live music, they could make the
announcement and you're not going to hear it anyway.
Bailey/ Right, well, from the, I mean, you could make (both talking) stage though.
Wright/ ...they'd have to, and I don't think they're going to want to shut down a show to say,
hey, it's 10:00.
Champion/ Yeah, L ..I don't think we have to do that. I think it's...pretty (mumbled)
Bailey/ Well, I don't think it is.
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Higgins/ Well, for the entertainment venue especially, I think that's concerning (several talking)
it's midnight, um, but I think students...I think that could be confusing.
Bailey/ Is there something that could be done on campus to better communicate that, is it well
communicated? Um...
Higgins/ No, I mean, I...I don't think so.
Bailey/ Maybe that's something that UISG undertakes to do the education campaign.
Higgins/ Sure! I think we can definitely do that, um, in...in the past, we had campaigns, there
was a "Think Before you Drink" campaign and it was focused on educating students on
fines, uh, so I think if we could bring that back...
Bailey/ Well, welcome to Iowa City and make it just generally these, you know, just part of
the...how to behave when you live in the neighborhoods, how to behave when you, you
know, go downtown, what the rules are.
Higgins/ I think that would be a good thing to do, maybe at the start of every... every year, to
have an education campaign, just so people understand what their...what they're getting
themselves into.
Champion/ Can I (several talking) no! I just want to ask one more question about the music
venue. Um... see, I thought they could be there until an hour after the performance
ended. Or did we say 11:00 cause that's when they said most venues end?
Bailey/ I do not know.
Dilkes/ Marian remembers that it was midnight. I think that's right. (several talking)
Bailey/ ...because I thought the hour after got too squishy! We talked about that.
Wilburn/ You might...you might be thinking also with the, uh, curfew ordinance and school.
Champion/ Oh, right, you're right.
Wilburn/ ...maybe (mumbled)
Hayek/ I think...I think having bars announce the departure time is, especially for music venues,
going to be very problematic. I mean, I went to the youth show at The Mill the other
night, and they engaged in a, uh, I mean, they would have these 20, 25-minute jams
and... and you know to say `excuse me, excuse me, can we interrupt your song to make
an announcement' is not going to work!
Dilkes/ I think...
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Hayek/ It's about having consistency!
Bailey/ Yeah, let's let the...let's let you guys take on an education campaign (several talking)
Higgins/ I'm interested. No, I just wanted to...I just wanted to make as many alternative
proposals as possible. So...I didn't feel especially strongly about that one anyway, so
that's fine. I...I just want to say that I appreciate your response. Most of this issue, it
really...it sends a very good message to the student community.
Wright/ And your letter was very reasonable and very thoughtful!
Champion/ Uh-huh!
Hayek/ All right. Well good job, Elliot! You advocated effectively! Okay, so you've got your
direction for how to take this. Um...okay. Then let's move on! Um, we're still on
agenda items. So what other agenda items do folks have?
ITEM 13. CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS
ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2011-
JUNE 30, 2012.
Bailey/ I know I've asked this before, Eleanor, um, the contract, 13, the domestic partner
language. We don't...do we use that anymore?
Dilkes/ (mumbled)
Bailey/ Okay. Thanks. I know I've asked it before; I just couldn't remember the answer.
Hayek/ Any agenda items? Going once, going twice, okay! Gilbert Street land...uh, streetscape.
Gilbert Street Streetscane (IP2 of 3/3 Info Pkt.):
Fosse/ Thanks for getting this on your agenda tonight, to discuss this again. If you recall back in
the...last meeting in November, uh, we (noise on mic) concept to you, uh, for this...for
this corridor, and...and that concept was...was just too ambitious, we tried to accomplish
too many things and as a result the cost of it exceeded our budget, and so in order to
complete the whole thing we would have had to phase it in to subsequent budget years,
and uh, based on our discussion that night, we decided that's not the thing to do, that we
need to go back to redesign, so we've done that, uh, we've redesigned the project. It is
within budget and focuses on the priorities that you all expressed on...on that evening
back in November, and we're prepared to set the public hearing on this on April 19th, but
before we do that, we wanted to give you a chance to take a look at it, and uh, with that
introduction, I'll turn it over to Brian Boelk and he'll run you through the project.
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Boelk/ Thanks, Rick. Uh, Brian Boelk, Senior Civil Engineer, and uh, yeah, I'll just quickly
rehash some of the project goals and objectives of this project. I know you've been
through it a couple times but uh, you know, some of the main focuses were to enhance
the visual appearance and safety in this area, and then improve those pedestrian aspects
of the corridor, and a way of doing that, some of those design objectives, were to improve
the lighting in there, uh, particularly with regards to that safety issue, uh, soften the
aesthetics by getting some trees and other, uh, vegetation in there. Uh, some amenities,
such as benches and bike racks, and then also trying to get, uh, create a consistent brick
paver, uh, material in there. There's only really one section where we still have a grass
area and no...though we'd like to see the grass and the green, the problem with that is,
uh, a couple things. One is the slope in that area between the curb and the walk, and the
other is just the foot traffic that sees, um, crossing across Gilbert Street and...and going
to the establiment...establishments around there. So we thought there was a key to get
the rest of that hardscaped as well, just on the maintenance side of things. Um, just,
again, summary of some past discussions, both with the owners, tenants, and yourselves.
Um, again, from the owners and tenants lighting was most important to them and a high
priority, um, a need for additional bike racks or increase in bike racks. Some of the, uh,
tenants and owners also thought it was nice to have those bike racks near their buildings.
As we discussed further with them, um, in the recent months, uh, knowing that that's
where a lot of times the, uh, people put their bikes anyways, is leaning up against the
building and also got it away from the clear path of those coming across Gilbert Street
late at night, uh, causing trip hazards and what not. And then the concern with some
vandalism in the area. And then again, uh, under your Council comments last, uh, work
session, November 29th, um, you know, some direction there was to get the entire
corridor lit with decorative street lighting, uh, get some trees in the area; some of those
bike racks in response to the owner/tenant comments, and then obviously stay within
budget. So, uh...got cut off in the...my arrows didn't show up there, but um, what we're
looking at here is...is the west side of Gilbert Street, um, just north of Court Street, which
is...is one area here where, uh, we still have some grass area on that corner that never got
completed when the...Clark did his buildings over there. So looking at the west side, um,
we're looking at taking that grass area strip from just north of Court to the creek, to
Ralston Creek, which is, uh, down below you. So this is going to connect from here, and
we're going to keep going this way, as we go south. Um...looking at getting the brick
pavers in, uh, concrete pavers in between the back of curb and the sidewalk, and then
we're looking at the addition of trees. We have, as you can see, a tree that's north of
Court, and then we'll get into a pattern of, uh, two, two, three and two, uh, along the
establish...establishments between Court and the creek. Uh, these are a mixture of, uh,
ginkgo's, uh, I think we've got some oak, maple, and um...yeah, I think oak, maple, and
ginkgo through there. In addition to that, along the building here, uh, just north of the
creek, we also have some, uh, daylilies up against the building, also trying to add some
vegetation and green there. The tree planter, uh, tree planters are 4 x 9, uh, similar to
College Street. Originally we had those bigger, um, again, with budgeting and
constraints trying to keep (coughing, unable to hear) um, we had various discussions with
Parks and Rec and the 4 x 9's on College Street seem to be working fine. Um, that would
be with our...our tree grates, similar to those that we used, again, on the College Street
streetscape. Uh, right now in the majority of this area you have about 8-foot clear zone
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between the back of curb and the sidewalk, and again, those tree planters will be 4 x 9,
set off that sidewalk and then as you can...maybe you see here...the street lighting is
spread out, and I'll get into that lighting a little more in a minute, but that's a 5-foot offset
from the back of curb. Then looking on the east side...so that's the side, or that's where
we focused with regards to the vegetation and pavers on the west side. Uh, on the east
side, uh, we knew there was some, um, recommendations to try to green that up a little
bit, uh, near, uh, between the creek and, uh, Bowery Street. So on the east side there, and
to get you oriented, this is...the Mansion, this would be just south...south of the creek, in
front of these apartments, of Clark's apartments on the east side, again, so as we go south
here, kick over and then get into the Mansion. Uh, we have the addition of four tree
planter beds there, uh, the pavers are already in place from the previous project, uh,
several years ago. So it's just the installation of the four tree planter beds, and then also a
couple trees in the front of the Mansion property. Uh, these are crabapples there, and
then also a bench in that little alcove there where the traffic signal is. Um, getting a
bench in there. As far as the lighting goes, we do have lighting, uh, included in this
project for the majority of the corridor, from Burlington Street to Prentiss-Bowery, uh, at
this time as part of this project, and that'd be both sides of Gilbert Street. The spacing is,
uh, so it's the same light as you can see in the detail here, as is on the rest of Gilbert and
Burlington Street. The spacing is a little different as we get away from downtown. Uh,
right now, or as the proposed plan would be, would be, uh, about 140 to 150-feet, uh, on
the same (coughing, unable to hear) alternating sides. So every 70 feet you'll have a
light, alternating sides, uh, again, equating to about 140 feet on the same side for the
spacing. We would include an alternate, in the bid, um, if numbers came in well, uh, and
we had money left to add the lighting from Prentiss-Bowery to the Iowa Interstate
Railway, which is another five lights, uh, three on one side, two on the other that we hope
that we' d be able to get in as well, and kind of tie in that whole corridor, all the way
down to the railway. Again, that style, you can see there in the detail, uh, similar to what,
or same as what's already, uh, extended up on Gilbert Street, and then we discussed the
spacing. As Rick, uh, alluded to, uh, with this plan as we have it, this does fit within our
budget costs, with a construction estimate around $270,000. The design services, and
then engineering inspection, staff time, uh, gets us right to about the $317,000 mark,
which was what originally budgeted in the CIP. And, project...uh, projected schedule
would be, um, if everything looks good and we continue to proceed, setting public
hearing on the 19t", May 3rd hold that public hearing, get the bids, uh, get the plans and
specs out for bid, award project June 7t", and then, uh, start construction soon after that so
we can try to get this in before the end of summer, which I don't think will be a problem,
with the way we've revised the design, uh, construction time shouldn't be extensive.
Any questions? Comments?
Champion/ I just have one. I like it, and it seems more reasonable than the one we looked at
before. Um...I'm not a forester, but it seems when we have kind of bad luck with trees.
Are there trees that are, I mean, you mentioned oak, I mean, I can't even imagine
(mumbled) for an oak tree there.
Boelk/ Yeah, and most of those, actually the... are ones that are set back. I know most of these
along the actual parkway here, between the back curb and the sidewalk, um, are the
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girikgos, uh, I want to say there's a few maples, but we do get like an oak back here, or
(mumbled) maple are a little bit offset from the street. Um, not within, in that instance,
not within a tree grate, um, again, the crabapples are in the Mansion, again, not in a tree
grate. Um, Parks and Rec have been, and Forestry, has been involved in every meeting
and they, um, according to them, you know, we're approving of the trees choices,
actually I think we're significant in that choice of what kind of tree we put in there.
Wilburn/ Were they looking at trying to assure non-fruit bearing ginkgo trees (both talking)
Boelk/ Yes! Good point, Ross, yes!
Fosse/ They're better at sexing trees now (several talking)
Hayek/ Let's stick to P&Z here, guys! (laughter)
Fosse/ One thing I do want to point out is, uh, that there's a little gap in this plan, and that's on
the, uh, on the west side of the road, just south of the bridge, and there's redevelopment
going on there. So there's no need in us doing this project and then having it torn up
again. So we're working with the property owner there so that when they're completing
their project, they'll put it back in a way that's going (coughing, unable to hear) fit in
with all of this.
Boelk/ ...and we've had some meetings, uh, recently with that property owner, and that will be
included as part of their streetscaping for their development.
Bailey/ And so we care for the trees, right? I mean, one of the things I've noticed around town is
trees that we care for, once they're damaged...there don't seem to be any trees being
replaced, but there's a commitment of Forestry to...to care for the trees and actually
make the streetscape become what it should. They've been included (both talking) okay,
all right.
Boelk/ ...they've been included in every meeting, um, yes.
Fosse/ I think you're referring to Linn Street probably as one (several talking)
Bailey/ ...Iowa Avenue (several talking) I mean, I'm referring to a lot of empty tree grates
around town.
Wright/ Washington Street has some.
Bailey/ Yeah. We've got a lot of gaps. Um...and then the lighting, show me, Brian, where
the...I, actually the other diagram. How far...it's close to the sidewalk, right?
Boelk/ Yeah, it's, uh, it would be probably about 3-feet I would say, off the sidewalk roughly,
cause we're about 5-foot off the back of curb, yeah.
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Bailey/ Okay.
Fosse/ And there'll be two globes, one on the sidewalk side and one on the (both talking)
Boelk/ Yeah, if you kind of (several talking) small there...
Bailey/ ...and the intent of the lighting, I mean, we said light the whole...whole way, but our
intent was to get to the sidewalk, right?
Champion/ Uh-huh.
Bailey/ I mean that's why I'm wondering if we need double. I don't know. I don't know how it
affects (several talking)
Hayek/ ...it's intended to light the street, as well.
Champion/ Well, I think it's... surely in that area, because a lot of young people are crossing
Gilbert.
Bailey/ I know; I'm trying to...and...and will it (both talking) will that downcast light help that.
That's kind of what I'm thinking about.
Champion/ Well, they'll see the curb! (several talking)
Bailey/ Will it help me see them when I'm in a vehicle. That's my concern!
Fosse/ If you look at Gilbert Street now, where we have the lighting, and imagine every other
light is taken out, that's about what we're going to end up with.
Bailey/ Okay.
Fosse/ So we're...we're staggering one side and then the other, so as we transition out of the
Central Business District and work our way out, our lighting levels fall a little bit there.
Bailey/ Okay.
Boelk/ And one thing I didn't note, um, you can see `em here, but there are bike racks included
in here, um, we have one, two, three along the building here.
Bailey/ That was my next question!
Boelk/ Yeah, we also have another one...um, in between the two trees here, and I believe we
talked about possibly adding another one. So I think we have four or five going in that,
uh, in that segment, uh, which currently right now there's one and that's, um, just the
horseshoe type. This will be the coat hanger type that can accommodate more bikes, um,
so there's an increase there.
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Higgins/ A lot of my peers, um, are...are driving mopeds now. Can you park a moped in a bike
rack?
Fosse/ I think there's some changes in the works for that. Currently I believe you can, but it may
not continue.
Higgins/ If it does not continue, what other options are available?
Fosse/ That I don't know for...I don't...do you know, Jeff`? Is that why you're coming? (several
talking)
Davidson/ There's...there's some stuff that's going to be coming to you from Parks and
Transportation and Planning, uh, to not allow, um, well, I mean ultimately it's Council's
decision, but the proposal would be to not allow, uh, mopeds at bike racks, but provide
other places for them to park.
Bailey/ Similar to bike racks...like in the...
Davidson/ I think they're trying to identify some areas that aren't suitable for automobile
parking, like corner areas and things like that, where you can get a moped in but they
can't use for larger vehicles so (both talking) that'll be coming in the near future.
Champion/ Where was I...where was I they had moped parking on the street? Metered! Loved
it. It just took a couple car spaces and put moped meters, and...because mopeds are
becoming a real big deal!
Bailey/ Well, there's, yeah!
Champion/ And nobody wants to park `em in a ramp, when you can usually park `em for free in
those little jut out spaces, but I should, uh, remember for sure where I saw that, but they
were all spaced for, um, mopeds and like there would be three or four every couple
blocks, three or four parking places.
Wright/ The University does have odd spots around campus, uh, where you can park mopeds.
You can't park in the bike racks on campus. But, kind of similar to what Jeff was talking
about, places aren't really suitable for a car, but really don't have any other good purpose.
(mumbled) good idea.
Hayek/ Is there any private landscaping component of this, I mean, there's still some grass,
especially on the east side, that probably is outside of the right-of--way, but...could
contribute to, uh, a beautification of this area.
Fosse/ Well, the area between the back of curb and the sidewalk on the east side of the road, uh,
north of the bridge, will not be brick, unless it's already got brick on it now. Uh, part of
it is just to stay within the scope of this project and...and um...that grass doesn't wear
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very well now, but at least on the east side it's flat enough that we don't have an erosion
problem, uh...that we currently have on the west side of the road, where we have those
deeper slopes. And, if we want to go back and tackle that in a subsequent year, we
can...we can do that.
Wright/ On the east side of the street the grass is in better shape than it is on the west side of the
street.
Bailey/ Yeah.
Fosse/ I think because it's a little flatter, is part of that.
Boelk/ I don't think it takes as much cutting across Gilbert traffic either. Foot traffic.
Hayek/ Okay.
Fosse/ Does this generally look okay with you all?
Bailey/ As long as it stays to budget, I'm happy with it! (laughter)
Fosse/ Let's hope for good bids and, if any of you want to look at these plans in more details,
Brian'd be happy to sit down with you. It's hard to carve it up and...and get it front of
you, uh, (noise on mic) we've done here, so it's hard to visualize it altogether.
Bailey/ I like all the trees. I think (noise on mic)
Champion/ I just want `em to live! (laughter)
Bailey/ Just whisper as you go by... grow, grow, grow!
Hayek/ I think it creates a...a...direct pedestrian traffic as close to the buildings as possible,
away from the street. It doesn't cut off the ability to access, you know, cross the street at
a random spot and gain access to the sidewalk which you also don't want. You don't
want pedestrians stranded, unable to get up onto the sidewalk, but it strikes a good
balance.
Boelk/ Yeah, with regards to directing people, that was another good point. On the east side of
these trees, getting in there where we have that lane shift that was created with the
Gilbert-Bowery-Prentiss project, um, that'll help funnel and direct traffic as well, and
know that that's where (mumbled)
Hayek/ Okay!
Bailey/ Good.
Hayek/ Thank you for your time.
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Fosse/ Thank you! (several talking)
Information Packets:
Hayek/ Okay, moving on we've got two info packets. The first is from March 24tH. Anything on
that?
Champion/ I like the idea that you, um, I mean, I don't like the idea, but four of you voted for the
idea of the red-light cameras. I like Larry Baker's editorial this morning in the paper,
suggesting that we use it for property tax relief. (mumbled) that we could use it for our
capital improvements, if we stuck to our capital improvement budget, our people's
property taxes would go down. Just throwing it out there!
Hayek/ Is that what he actually suggested?
Champion/ Yeah! (several talking)
Hayek/ Okay, uh, so anything on the 24tn~
Champion/ I actually agree with Larry Baker! Hmmm... (laughter)
Hayek/ Anything from March 31 Sty
Karr/ Got the KXIC radio program schedule.
Champion/ Oh yeah, that's right!
Wright/ I can do the 13tH
Karr/ I'm sorry...
Wright/ I could do the 13tn1
Karr/ Thank you.
Champion/ I could do whatever anybody else can't do; I don't mean all of `em, but any...
Dickens/ I'll do the 20tH
Karr/ Thank you.
Champion/ Which one are you doing?
Wright/ 13tn1
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Karr/ Can anyone do the 6tn~
Hayek/ I cannot!
Champion/ Is that tomorrow? (several talking) Oh, I can do it!
Karr/ Okay, Connie'll do the 6tH, great! Thank you.
Champion/ I'll talk about the red-light cameras!
Karr/ Okay! (laughter) 27tH of April?
Champion/ I'm sure Susan will do one.
Wright/ I was just saying...I'm sure Susan would do that one!
Karr/ Touche!
Hayek/ Let's try Susan for April 27tH. I'll try May 4tH
Champion/ You can always call me if you can't make it.
Dickens/ I'll do May l ltn
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Karr/ Thank you. We have one more, the 18tH. If we can tonight. If not I can tack it onto the
other one.
Champion/ I mean, I can do it, but I'm already doing one, aren't I? Yeah. Okay, May 18tH. I'll
let you know for sure tomorrow.
Karr/ On the 18tH? Okay.
Champion/ I have a slew of family coming in.
Hayek/ If you can't, put me in as a back...as a backup, I guess.
Karr/ Thank you.
Wilburn/ Last one of the calendar year. (laughter)
Hayek/ (several talking, coughing) like atwo-month straight period (several talking). Yeah!
(several talking). Okay. So we got our KXIC schedule done. Anything else on the
March 31St packet?
Champion/ (mumbled) I forget!
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Council Time:
Hayek/ Okay, moving on to Council time.
Champion/ We're already up to that?
Bailey/ Oh, is anybody going to Economic Summit?
Wright/ I'm sorry, what?
Wilburn/ Couldn't hear ya!
Hayek/ Economic Development Summit.
Bailey/ The regional Economic Development Summit. Okay.
Karr/ What was the answer?
Hayek/ Tom is.
Bailey/ Tom is.
Karr/ Tom is. Thank you.
Budget:
Bailey/ Cause I have to teach, otherwise I would go!
Hayek/ Lunch is included, Tom! Okay, any other Council time items. Hearing none, uh,
budget? None on that? Summary of pending work session issues? It's IP3. Any
additions or changes to that?
Pending Work Session Issues (IP3 of 3/31):
Wright/ We're going to have to find some new stuff to fill that in! (several talking)
Page 23
Dickens/ I thought the Farmers Market was going to be (mumbled) until fall. Something why
(mumbled)
Karr/ May 2"a is an update.
Dickens/ It's just an update? Cause we're not talking about...cause I know there's been some
talk about moving it, but they...thought that was going to be delayed till fall.
Dilkes/ That's why we put 2012.
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Dickens/ Okay!
Champion/ Good idea!
Higgins/ I have two things, um...and Eleanor, you might be able to help me with this. I think we
had talked about, um, presenting the, uh, amendment to the, um, informational
acknowledgment disclosure form on that day. I don't know if it actually...
Dilkes/ Actually I had a question for you, Elliot, because I think you were going to get me a web
site with a checklist...with a checklist on it, that we could...
Higgins/ Yes, I do...I do have...you need the web site or the actual checklist?
Dilkes/ I need the web site that I can reference in the amendment to the disclosure form.
Higgins/ I wi11...I'll talk to you (both talking). And also, um...on the 18t", I will be introducing
you to the, to my replacement. And, uh, well, we haven't, um, we haven't chosen anyone
yet, but I'm optimistic that we'll have a...a very good replacement.
Karr/ If...I don't know what your schedule is, we certainly could act on it. It won't be effective,
of course, until May 1, but we certainly could act on it April 19t", if you'd like.
Higgins/ When you say act on it...
Karr/ We accept there's a (both talking) we accept it, yeah. (several talking)
Higgins/ Okay.
Karr/ We can talk about it.
Hayek/ Okay. Uh, upcoming events, Council invitations.
Wright/ (mumbled)
Hayek/ Yeah. All right. Meeting schedules. Dickens wants more meetings! (laughter)
Meeting Schedule:
Champion/ If anybody's interested, uh, there is a jail meeting on Wednesday. If you're
interested in taking over the jail committee, you're welcome to join me to see what it's all
about...at 4:30.
Dickens/ And what day (both talking)
Champion/ The Johnson County (coughing, unable to hear) any takers.
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Bailey/ Connie, thank you for doing that. Have we thanked you lately? (laughter)
Champion/ It doesn't help, but thank you anyway!
Wright/ Have we thanked you with, uh, chocolate and lollypops?
Champion/ I don't eat sweets!
Wright/ Figures! (laughter)
Hayek/ Okay. Anything else for the good of the order? If not, we will see you tomorrow
evening. (several talking)
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