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ITEM 2. PROCLAMATION.
a) Pride Month — June 2011
Hayek: (reads proclamation)
Karr: Here accepting the proclamation, representing the PRIDE Committee, is Joan
Benson. (applause)
Benson: Thank you. We really appreciate the City of Iowa City support for all these years,
and there are events throughout the month, but I would invite everyone to come to
our centerpiece event, which is Saturday, June 18th, noon the parade and festival
here in downtown Iowa City. Thank you.
Hayek: Thank you!
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ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
Dickens: Second.
Hayek: Moved by Champion, seconded by Dickens. Discussion? Roll call, please. Item
passes 7 -0.
Karr: Mr. Mayor, there is someone here to talk about an item on the Consent Calendar.
Hayek: Okay!
Karr: Did you wish to talk about your letter?
Tessler: Hi, good evening, I'm Veronica Tessler. I was, uh, I sent you an email, and I
appreciate those of you who responded. I just wanted to raise the issue that, um,
it's not just ... it's not the ordinance that I have issue with. It's ... it's the false, uh,
repre, uh, the false information that I was given by a City representative, an
employee of the City, which lead me to act, um, in ... in ... proceed to start my
business, and so, um, it's more than just unfortunate for me because this is
holding me up from starting my business and um, as was noted, uh, if I can't start
my business, uh, this summer, then I can't start it this year as it's a seasonal
business, um, so I would request, um, that the Council issue a variance on the
matter, uh, given that the information was, uh ... um, misinformation by the City.
And I thank you very much.
Hayek: Thank you, Miss Tessler. Any other comment on the Consent, uh, item?
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ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: Okay, item 4 is community comment. This is an opportunity at each Council
meeting for members of the audience to address the Council on items that are not
on tonight's agenda. If there's something you'd like to bring to our attention, we
ask that you step forward, um, sign in and ... and give us your name, and please
limit your comments to five minutes!
Gardinier: Good evening, uh, my name is Minnetta Gardinier. I'm the, uh, Chair of the, uh,
Iowa City Airport Commission. And I'm also Chair of the, uh, 20...35", 35th
annual, uh, Air Race Classic that's starting here in Iowa City in about a week. So
I'm just kind of, uh, bringing this as an invitation to the Council, and to the city to
come out to their Airport, maybe visit it, and uh, just to take part in some of the
festivities we're going to have. So, in barely over a week, uh, we're going to have
fifty planes arriving in Iowa City, and they're going to be carrying 105 pilots, co-
pilots, and uh, crew members, all women, in this air race that dates back to 1929.
So this is kind of a once -in -a- lifetime deal that this, uh, race will start here in Iowa
City. All the racers will be staying downtown here in, uh, the Sheraton, and I'm
sure they'll be visiting through the city over the weekend. So, uh, we have also a
youth aviation event that we're hosting. We're going to have 125 Girl Scouts that
have signed up. They're going to be camping out overnight at the, uh, Iowa
Children's Museum's "Take Flight" exhibit, and then they're going to be coming
out to the Airport for lunch and to meet and visit with the racers, as well as to, uh,
see some aircraft, and then, uh, the EAA Chapter 33 will be, um, offering free
flights to the kids, uh, obviously with their parent's permission (laughter). Um,
but we think this is going to be a great two -day event for the kids, as well as Iowa
City, and uh, Saturday night we have a, um, public event. It's a hangar bar- b -que/
dance out at the Airport, and uh, the city's invited. There are tickets, and uh, they
just have to contact Denny... Denny Hodge, uh, at MCHSI, and I can leave a flyer,
a few flyers in the back of the room and we're posting flyers around the city. So,
if anybody has any questions, I'd be happy to take those!
Hayek: Get the word out! (several talking) Thank you!
Cohen: Good evening. I'm Leah Cohen, and I am here on behalf of the Downtown
Association tonight. Whoops (noise on mic). There we go. Okay. Um, to just
let you know about a couple of things that are going on. Some of them pretty new
downtown. Um, we have this Saturday we have arts and crafts that was delayed
from a rain date this spring. So it's mostly local artists, and we're just
encouraging people to really get downtown and... and support our local artists this
year. Um, but one of the big reasons I'm here tonight is to let you know about
restaurant week. You might be seeing these posters around town now, and it's the
first time we're having it this year. Um, so it's restaurant week, dine downtown.
It starts a week from Monday, the 13th of June, and will be for that entire week,
ending that weekend, which happens to be Father's Day weekend. So it's a great
time to come downtown and bring your families. Um, the restaurants this year
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that are participating in it, and what it is, it's a 2011 -theme so most will have
something that will be $20.11. So that might be a dinner for two at some places,
for instance, Bo James that I own will have an appetizer and two sandwiches.
Um, for instance, Takanami is going to have an appetizer and two of their
signature rolls and dessert for that price. So different ones will have different
menus, depending upon, um, whether it's a Bo James, whether it's a Joseph's. It
might be a dinner for one for $20.11. So we have a wide variety, including the
Northside of restaurants participating. Um, Motley Cow, Linn Street Cafe,
Takanami, Bo James, Donnelly's, Giovanni's, Joseph's, Mondo's... Saloon,
um ... Formosa, Share in the Sheraton, Graze, the Airliner, Mickey's, and the
Summit. So just to let everybody know, it is a new event this year and we're real
excited about it. We hope that, um, you know, we ... we tend to promote
downtown so much because it's local. I always say that your dollar stays here.
Our employees live here, and we live here, and that's a wonderful thing about
downtown. And, to me, downtown is the place to be in the summer. There's no
place like downtown Iowa City. So we just had a wonderful, and I congratulate,
Summer of the Arts for the Arts Fest last weekend was tremendous, even with the
heat. We had wonderful crowds downtown. Um, Friday Night, Saturday Night
Concert Series have started. We have Saturday Night Movies going on. So
there's just lots of great things to do, and we're just letting everybody know, it's a
place to be this summer, so come on downtown Iowa City! Thank you.
Hayek: Thank you, Leah. Anyone else, uh ... on community comment?
Fugate: Good evening, Councilors. My name is Steve Fugate. I am the Director of the
Iowa Renewable Energy Association here in Iowa City, and uh, a couple weeks
ago I had sent an email to staff requesting permission, um, to do renewable energy
education downtown. We built a ... a very small solar - powered cell phone
charger, and wanted to sit downtown and charge cell phones and educate, um, the
people walking about, um, about not plugging them in, to save energy. And we
were told we couldn't do that, and as Iowa City looks to rebrand itself and make
downtown a more friendly place to be, uh, we think what we're doing — not
selling anything — just offering free education, uh, certainly seems to fit with
where Iowa City wants to be. Um, Dale was quite nice speaking with me for
quite a while, explaining, uh, how ... how the ordinances and codes came to be,
and I completely understand, uh, how it happens, but when we get to the point
where we can't do good things, uh, because the rules are so onerous, uh, we still
haven't really found out why ... why we can't do this, because it would seem to be
a ... a permitted use, just to sit on the ped mall with a little tool box and offer free
education. Once again, we're not selling anything. It's just an educational
outreach opportunity. So, um, would hope that the Council would ... would think
about this and, uh, for people wanting to do something downtown, that doesn't
cost anything, that doesn't hurt anybody, that doesn't take up any space, isn't
tabling, um, that it would be a permitted use of, uh, the downtown area. Any
questions I can answer?
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Hayek: We're going to be discussing this among other issues in Item 11, as well, so you
might want to stick around for that.
Fugate: Thank you very much.
Hayek: Thank you, Sir. Anyone else, uh, on items not on the agenda? Hearing none I
will move on to Item 5, which is Planning and Zoning matters.
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ITEM 5. PLANNING AND ZONING MATTERS.
e) CONSIDER AN ORDINANCE CONDITIONALLY REZONING
APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE
STREET FROM RESEARCH DEVELOPMENT PARK (RDP) TO
NEIGHBORHOOD PUBLIC (P1). (REZ11- 00006) (SECOND
CONSIDERATION)
Mims: Move second consideration.
Dickens: Second.
Hayek: Moved by Mims, seconded by Dickens. Discussion?
Wilburn: Mr. Mayor, I have a conflict of interest. I work for the Iowa City Community
School District, in ... in the Central Administrative Office, which is ... where this
will be.
Hayek: Any other, uh, ex-parte ... communications? Any further discussion? Roll call,
please. Item passes 6 -0; Council Member Wilburn abstaining.
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ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED
"PUBLIC HEALTH AND SAFETY, CHAPTER 4, ENTITLED, "NOISE
CONTROL," AND TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC
WAYS AND PROPERTY," CHAPTERS 1 AND 5, TO ESTABLISH A
PERMIT SYSTEM FOR AMPLIFIED SOUND ON CITY PLAZA, TO
ESTABLISH A PERMIT SYSTEM FOR INFORMATION TABLES ON
CITY PLAZA, AND TO ALLOW CERTAIN PUBLIC
ASSEMBLY/PARADE PERMITTEES TO SELL GOODS AND SERVICES
AND USE AMPLIFIED SOUND. (FIRST CONSIDERATION)
Champion: Move first consideration.
Mims: Second.
Hayek: Moved by Champion, seconded by Mims. Discussion?
Mims: I have a question, urn ... about the tables, giving this a little more thought
and ... and looking at the details of it since our last meeting, um ... I guess first
maybe asking Eleanor to explain a little bit, and I don't mean to put you on the
spot, but um... some of the concerns in terms of the tables and what people can
and cannot do, and then given the limited space that we have down there, I mean,
if we think back, this kind of came to us from the standpoint of administrative
time, uh, that staff was spending on permits for tables. And if you look at what
we're doing, we're basically saying even if tables are still allowed, um, no
soliciting at tables, no commercial activity at tables. Um, and so ... I guess ... I was
thinking about this earlier today and then more and more in talking with Eleanor,
urn ... are we better off just not to allow tables in such a confined space?
Um ... you know, as ... people can still, you know, pass out information, uh, but in
terms of looking at setting up tables, uh, at all. The issue being that, you know,
people... constrict the space and get in, you know, the way and ... I guess maybe
Eleanor can give ... give us, because this is all new to me, and get a little more
background on how we got where we are and some of the concerns from a legal
standpoint.
Dilkes: I'll try. It's a, I mean, it's really legally a very complicated issue because you...
you have what's known as a public forum, um, and people have the greatest right
of free speech in a public forum, um, if you start regulating that, um, which the
City has done substantially, um, there's a lot of rules and constitutional constructs
that have to be examined. Um ... and when we have gone down the route that the
City has already gone down, which is to regulate the ped mall and the activity
there, um, part of that exercise becomes trying to be consistent with what you've
already done. Um ... the ped mall, as you know, is already subject to a significant
amount of regulation. Uh, number one, there is no commercial activity allowed
in ... in the ped mall, unless it's a permitted activity. Um, and some of the
permitted activities we have are ambulatory vendors. There's a woman, for
instance, that walks downtown with the board, with the jewelry. She's an
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ambulatory vendor. Mobile vendors, sidewalk cafes, sidewalk days by ... by
businesses down there. Those are all subject to regulation. We don't let people
just go out onto the ped mall and put whatever they want there. Um, that is an
acceptable form of regulation. The regulation of commercial activity. Um, but in
addition to that, we've also gone another step further, which is to regulate
solicitation. Um ... and as you know cause we've gone through ... we went through
this debate not too long ago, we've limited solicitation to that, um, little area of
the ped mall, that leg. Um, solicitation is not commercial speech. Solicitation is a
more protected form of speech, and the courts have said that, um, it is ... it is ... it is
similar for instance to a charity raising money, and you can't treat a charity
raising money different from the person raising money for themselves, and that
both those activities are speech activities that are conveying a message. One
being for instance the need for funds for the Children's Hospital, and one being
the need for ... the homelessness issue. Okay, so you've already got significant
regulation down there. So the criticism that, you know, let's quit stomping down
on the ped mall is really not valid, cause we've already... we've already started
down that path. Um ... there is no right to sit at a table downtown. To put a table,
a structure in ... in the ped mall. Um, there is a right to provide information.
There is a right to speech. Um ... but once you decide you're going to allow
tables, then we need to have, um, we need to be clear about what
circumstances ... under what circumstances tables are allowed, and that's what
we've tried to do in this ordinance. We've said no commercial activity, um ... and
it has to be informational. So essentially informational, non - commercial activity.
Um ... the issue of deciding what's commercial and non - commercial is not simple,
and one of the reasons that we've said no demonstration of products, no sales of
products, etc., etc., because that's one way to set aside what we see as
commercial. Um, if you don't do that, you know, I got on the internet today and
I ... and I pulled off ... I put in ... I Googled nonprofits selling jewelry, nonprofits
selling t -shirts or clothing, and nonprofits selling, um ... food, and I come up with
a whole lot of nonprofit kind of profit type entities that are kind of mingled, um...
and who sell things, and ... we really don't want to be making that decision each
time somebody comes and wants to put a table up about whether they're a
commercial entity who is selling something as incident to it or, or to a non-
commercial activity or not. Um ... remember, if you don't have tables, people can
walk around the mall and pass out information. And I think, if you don't... if you
don't provide for a table, it's less likely you're going to face those issues about
commercial versus non - commercial, because people are just going to be passing
out information. You know, it's ... a table you can set something on, you can
demonstrate a product, you can sell something from, you can show how jewelry is
made, you can show a new way to make a certain type of fabric, etc., etc., etc.
Um ... I'm comfortable with the way the ordinance is written. If you want to allow
tables, um ... and if you want to allow tables in a bigger area, that's... that's fine.
Um, but I am not ... I have some concern about just saying people can set up
tables, anywhere, as long as its informational and you don't need a permit,
because we have already ... we were already per ... doing significant amounts of
permitting in the down... in the ped mall. It's a very constrained space. It is,
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urn ... there are just lots of requests for space down there. And if we are going to
have people setting up tables, I would like, and I have to make, and staff has to
make some of these judgments about what's allowable and what's not. I'd rather
do that with a permitting system than just on the fly when somebody calls and
complains about a table. You know, a merchant calls and says somebody's
selling clothing at a table, or somebody's selling cookies, or somebody's you
know, that kind of stuff. So, that's... that's my explanation.
Champion: Now... but if you have a permit, for instance, for Jazz Fest. I mean, they
obviously have tables where they're selling t -shirts and things, but that's part of
the permitting process for the Jazz Fest (both talking)
Dilkes: ...that's a completely different issue.
Champion: ...whole different issue.
Dilkes: Yeah, and let me just explain that. So ... so per ... things like Jazz Fest and Arts
Fest are kind of in a whole different category, because the interests we have in
regulating the ped mall are, you know, to allow free flow of pedestrians, to, um,
you know, promote economic vitality and not allow significant commercial
competition with our businesses down there that pay taxes, etc., etc. When you
have the Jazz Fest, that whole system ... those issues go away ... cause the whole
downtown is devoted to that.
Champion: And what were you say (mumbled). I forgot. (laughter) That you don't want any
tables at all?
Mims: Well, you know, we started talking about this a little bit earlier, you know, talking
about the regulation of it, and you know, looking at, you know, do we allow
tables and... and doing more permitting, and what came to us basically because
staff is spending so much time in terms of...of that, and so with the new
regulations, and then we do have confined space down there, and when you ... the
regulations are saying there's no solicitation at tables. There's no, uh, no
commercial activity. If people are simply handing out information, then what is
the real need for tables, and if we were to simply not allow tables at all, I mean,
that saves staff time even more, and people certainly can still do the kinds of
activities, um ... in terms of handing out information down there as it is.
Originally I was thinking, you know, just let `em set up their tables and as long as
they're not, you know, impacting pedestrian flow then let it be, and then after
talking more with Eleanor, it was like, as she just mentioned, you know, that line
between commercial and non - commercial is not as clear as we might initially
think it is, and that way if we're going to have the tables, she would certainly
rather have the permitting on the front end. Um, so to me, the question is, you
know, do we go with this, allow tables, have to do the permitting, staff still has to
deal with that, or do we just say, you know, we do have a confined space. People
can still hand out information, and then just not allow tables at all.
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Bailey: I'm not really interested in going in that direction, at this point. Um ... once again,
going to sort of that public forum and balancing interests, I think that this comes
up with it. I have some very specific questions about, you know, the devil's
always in the details. I have some very specific questions about some details,
but ... I would like to ... I would like to continue to allow activity, and then if that
becomes a problem, I ... I don't see this space as confi ... as confined ... as maybe, I
mean, yeah, at Arts Fest, sure, but not typically. I don't know how others feel,
but...
Hayek: (mumbled)
Wright: I'm not sure I'm ready to move away from the tables altogether. Um ... we could
easily do that if down the road this continued to be a problem. I don't know...
Bailey: That's where I'm at too, just seems like a middle ground. We know what we're
trying to address, and if...
Wright: Is this enough regulation, or is there ... are we going to end up having to do so
much that it becomes a monumental effort?
Champion: Well I didn't agree at all when Susan brought this up, but the more I think about
it, I think it's a valid thing. Cause I can remember just a couple weeks ago I was
downtown, and there were two tables selling Iowa t- shirts, and there's a... several
Iowa t -shirt stores downtown, as you might imagine. I don't know if they were
permitted or not. Frankly I didn't ask. But I'm wondering how ... how police -
able is this? I mean, the police aren't going to go up to people and ask `em, are
you permitted, do you have a permit. Or ... you know, so I don't know. I'm
starting to think that maybe she's right. Maybe we just don't have any tables. If
you want to pass out information, do it. If this was a University group, they could
do it on University property.
Hayek: But under your scenario, whether the person selling t -shirts is walking around or
seated at a table, that activity is prohibited. Because it's commercial.
Champion: No, because that girl sells jewelry. She can sell jewelry. That's not true!
Dilkes: (several talking) You have to get an ambulatory vendor permit.
Champion: Oh, you have to have an ambulatory vendor permit!
Hayek: Which is an existing...
Champion: Okay. All right. Hmmm...
Dilkes: And they couldn't set it up. They'd have to walk around with their t- shirts.
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Champion: Could wear a lot and just take `em off if they sell `em! (laughter) I don't know.
think Susan's right. I think tables are probably another good idea.
Hayek: I don't know, and I struggle with this, as well, and your point is valid, and I've
kind of gone back and forth on this, but I ... I think, you know, the City Attorney's
office's concern has been delineating commercial, non - commercial.
That's... that... that's driving, uh, this, but I think the table issue is ... is secondary
or ancillary to that, and um, it seems to me that ... that the concept of a table or
being able to have a table is ... is symbolic as it is anything else, and um... you
know, people giving out information may want to walk around and hand it out.
May prefer to be seated and hand it ... hand it out, and they can be seated at a park
bench, I suppose, but when you've got a table and you can set up your little
display, uh, with ... with information, whether you're, you know, a political
campaign or anything else, urn ... there's something that ... that rings true to that,
and ... and I think that's a valued opportunity down there, and yes, it's, uh,
it's ... it's more administration. Um ... but that's kind of where I'm sitting right
now, and frankly 1, you know, I ... when I look at this proposed ordinance, it seems
to me that the two things that give me little pause are ... are reserving a section for
tables, versus you know maybe multiple sections. Um, and then ... and then the
limitation of the number, the total number per day. I'm not sure we have a
problem yet with, uh, or know of a problem yet with an overload of...of tables,
and maybe we could consider, which is going well away from what you're
throwing out, um, not capping that and see how that goes. We still have the
permitting, you still have the front -end determination by City staff as to what the
activity is ... but ... but beyond that, wait and see if the problem develops.
Bailey: And those are the two questions that I had, the placement and the number, as well,
and the concerns.
Wilburn: I would support, uh, continuing, or to, uh, allow the, um, uses of a table, uh, to
honor some of the tradition in public forum that, uh, the informational piece, some
of the issues that you're raising, Matt. I think the other thing too is that there are
some folks that are passing out information, but um ... um, I guess looking at the
other end, prefer to be stationary and not feel like they are imposing on people's
private space if they're down listening (mumbled) so it allows for, um, anyone
who wishes to receive that information to ... to come up and, you know, again, it's
striking a balance, um... so that's the one piece I think that makes it okay for me.
Bailey: Yeah, and I think you're right. That table encourages that engagement. I can
approach it. I know...
Wright: It's your choice to (several talking)
Bailey: ...versus somebody coming up to me and handing me something, which ... which
feels a little bit more... comfortable (several talking)
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Dickens: I would follow that as well, cause I... as long as the tables are not blocking the
person's right -of -way, that ... to walk up and down. That seems to be a big issue,
blocking people walking. You know, if a table is set up, it is your choice to go to,
but if it's blocking the way, then it gets to be a problem, and if it's complaint -
driven, you know, most of the time if you ask them to move they do. They're not
there to block the way; they're just trying to get information out. So I don't have
a problem with tables.
Hayek: So what to do?
Bailey: So can we talk about the details a little bit, the location, um, how did you come up
with that particular...
Dilkes: That's an administrative decision. You all can ... can, and I'll let Dale address
that, but that's certainly (both talking)
Bailey: ... area...
Dilkes: ...discretion to ... to (both talking)
Helling: Yeah, that area has ... has, you know, been popular with tables before, and
it's ... it's a big enough area that it's not constrained in terms of pedestrian traffic,
and that's why we looked at that, the mini -park area as a place where we've been
able to accommodate the tables, and we know we wouldn't... they wouldn't be in
a situation where they were blocking pedestrian traffic.
Dickens: Well, and the fire lane there too is...
Helling: Well, but if we ... we don't allow anybody to set up anything in the fire lane,
because anything that can't just be picked up and moved just, by ... by one person.
Um ... because of the emergency situation, there may be an ambulance or
something comes through without any forewarning.
Bailey: And I understand the need to have specific locations for those kinds of reasons,
somebody might not necessarily know where the fire lanes are and ... and those
concerns, but I'm a little bit concerned limiting it just to the Black Hawk mini -
park because that's sometimes not always the best place to find the people.
Champion: Another place too... south of the fountain.
Hayek: No, that's for amplified sound. That part makes sense because you've got cords
and (several talking) and stuff like that.
Bailey: Yeah, it's ... it's in three -one that ... is, urn ... where the tables are limited, and so
that ... that's just my concern, with location, limitation there.
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Champion: Where ... where else could they be? Let's just think about it. The area by the ... by
the Library is full with toys and benches and statues, um, lot of sidewalk cafes.
Dickens: Down by the fountain (several talking)
Bailey: ...just makes sense, because the ... a lot of people gather, and if for example I was
passing out information about, um, you know, kids' nutrition, I would rather be
down by the play structure, catching parents rather than the mini -park. It just
makes a little bit more sense.
Champion: Right...
Wright: There's some space down there by the Sheraton (several talking) out of the way.
Bailey: Yeah.
Champion: Where they put the stage!
Wright: Or even east of where they put the stage. Just ... a concert can be going on and
there's some space, behind the benches, basically up against the Sheraton, the...
Dickens: By the kiosk area.
Bailey: Yeah, that railing.
Helling: During, uh, events there's generally an increased interest in, for instance, the
Friday Night Concert Series. There are people who want to set up tables as close
to the fountain area as possible, and then that's when you really have that conflict
of pedestrians and, uh, and the tables, and they do want to be where the people
are.
Bailey: Right!
Helling: But then, you know, where are they in relation to where the people there want to
go, and that's...
Bailey: Well and I think that's when they, I mean, what I've seen is that's when they kind
of line up ... if the stage is on your right and you're looking at it, to the ... to the
east, by the Sheraton... outdoors...
Hayek: Yeah, I think, I mean, that's (several talking)
Bailey: ...and I ... yeah.
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Hayek: That historically has been more political than other tables set up, and ... and not at
the fountain where people are running around, but there... just a few feet east of
there seems to work. Maybe we could do that.
Bailey: Yeah.
Wright: Yeah, that's a good spot down there.
Hayek: And at least you've got the two ends of the... so called north -south corridor, for
that purpose.
Bailey: And there's actually... never seen anybody set up in any other places, besides
those two. I mean ... not saying...
Wright: I was also concerned with section 3, the number of tables per day is four. That
seems... small.
Champion: It does? It seems like a lot to me!
Bailey: Is that ... that's at a time, or the total for the day?
Helling: That would be the total for the day. We would issue a permit for a day, rather
than for specific hours. Um, before basically comes from history, which typically
we've not had more than three or four at a time that want to be out there.
Frequently even less than that. Um, so that's... that's just a number that we
picked out. It seemed manageable, but ... uh...
Dilkes: I think it's another way of defining this... defining the space. Too ... how much
space you're going to allow for it.
Hayek: Again, though... perception matters so much on this, and if we can ... if presently
we don't anticipate a problem with ... with an inordinate number of table requests,
why cap that and... especially if we're going to add some extra space. If it
becomes a problem and we've got this massive congestion issue, take it up again.
Bailey: I agree!
Wright: Me too.
Dilkes: So you want to take the table limit out?
Hayek: Yeah.
Dilkes: Okay. And so do you want to allow tables in the entire Black Hawk mini -park?
Hayek: Yeah.
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Wright: When you say entire Black Hawk mini -park, that's... that's the north end,
correct?
Bailey: No.
Champion: It's by the Artisan's Gallery.
Dilkes: By the Artisan's Gallery, isn't that what it's called? Yeah.
Helling: Yeah, I mean (both talking)
Bailey: Yeah, okay.
Helling: I would suggest we at least be able to designate an area sort of off, not right in the
middle, because of the other activities that go on in there. Urn ... if...somebody's
got a table set up and they can be off to the side a little bit so that ... um, people
continue, you know, you might have a juggler down there, or whatever.
Dikes: Well, we ... we just need to be clear about it, because one of the things I want this
ordinance to do is when someone comes in and wants to put up a table, I want it
to take about five minutes to make that decision. So, are we talking about half of
the Black, of the mini -park, or are we talking about a quarter, I mean ... let's have
some kind of description of the two places where you want to allow tables.
Wright: I envision... basically the perimeter of the mini -park, the edge.
Champion: And so people won't be able to walk (several talking)
Wright: The east edge ... up towards the Artisan's Gallery. Urn ... there's the 1 -shape that
goes down to ... uh, Wells Fargo Bank.
Hayek: That's ... I mean, the way this was written it says, uh, location is limited to an area
demarcated by the City Manager, in the mini -park.
Dilkes: That's what I'm saying, the four tables limited that though, so if you're going to
take out the four tables, we don't ... I don't know how much area we're talking
about.
Bailey: Well, I think that ... that's what I was envisioning, what you just described, the
perimeter.
Dilkes: Yeah, I don't ... I'm not being difficult here, I just want to know what ... what it is.
Wright: Bordered by the Artisan's Gallery building and the ... the Wells Fargo...
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Champion: There's picnic tables over there, up by Wells Fargo.
Wright: Yeah, probably not by Wells Fargo. Probably just (both talking)
Dilkes: All along the Artisan's Gallery side. (several talking)
Bailey: Not blocking the entrances!
Dilkes: Okay. And then what about the area then, um, over on the south end? (several
talking)
Wright: Starting at the ... at the east edge of the Sheraton's, um, outdoor service area.
Bailey: There are some steps in the middle of that too. Not blocking...
Hayek: You almost need to walk down there and eyeball it (several talking)
Dilkes: Well, just give me a general des ... just give me a general description (both talking)
all along the outdoor service area of the ... the, um, Sheraton? Is that essentially
what we're talking about?
Bailey: Yes.
Wright: I think so. There's a ... there's a wall but it's ... if you go down there it seems fairly
obvious.
Champion: Yeah, there's a retaining wall to keep the patio up.
Wright: Yeah.
Champion: But then if you're having lunch there, do you ... I don't know.
Bailey: But ... a person is not going to ... if you're at a table handing out information, you
also try to create a comfortable space for the people around you, I mean, you ... I
mean, generally. So...
Wright: I'm not even sure if you have to be up by that service area. I think there's plenty
of space (both talking)
Bailey: ...yeah.
Helling: I think this is ... we're doing this as ... as part of a policy decision then to, you
know, to designate a place. So, if there's problems or issues and we want to move
them, we don't have to amend the ordinance to do that. As I understand it. We
can just designate certain spaces. Um...
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Dilkes: Well, I want the ordinance to be ... clear enough that when we have allowed
permits for four tables, and somebody comes in and wants that fifth table, that I
know ... what area, if that's okay or not okay. And so I just want to get ... and I
want you to be able to amend in on the floor tonight so we can get first reading of
this under our belt. So I think the two areas that you've described, um, I think
that's good enough. We'll work on the definition for next time, but I think you
can go ahead and amend the ordinance on the floor for those two areas and
eliminate the four table, uh, requirement and we can move forward.
Hayek: Okay.
Bailey: So I make that amendment, the two areas that we described — the Black Hawk
mini -park and um, near the Sheraton service, outdoor service area, and removing
3, section 3.3. Is that accurate? (mumbled)
Hayek: We need a voice vote on that?
Dilkes: Yes.
Champion: I have one more question.
Karr: Is there a second?
Hayek: Why don't we ... that was moved by Bailey, seconded by Wright. Okay.
Discussion?
Champion: I'm trying to visualize that area that you're talking about the service area of the
Sheraton, and then you've got the playground.
Bailey: That's across from...
Champion: And you've got some statues in there, and that playground comes out quite a bit.
I can't...
Dilkes: Connie, let me ... we can do administratively the little details of this. I just need
the big ideas, and I think we've got enough for that. So we'll...
Wright: There's plenty of room!
Dilkes: ...yeah. We'll ... we won't let someone set up in front of a, you know, a...
Champion: Okay. I trust ya!
Hayek: Okay, so the motion, which has been seconded, is on the floor. Further discussion
on those two points, uh, covered by the motion? All those in favor say aye.
Opposed say nay. Motion carries 7 -0. Back to the underlying discussion. Is
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there anything else about this ordinance that the Council wishes to discuss or
tweak?
Bailey: Somebody asked me, and I ... somebody asked me if it's electronically amplified
sound. I didn't know any other way to amplify sound, except rolling up a piece of
paper (laughter) but I'm assuming that that's what we mean. (laughter)
Dilkes: See the kind of questions! (laughter)
Bailey: Exactly! Exactly! (laughter)
Dilkes: Um...
Bailey: I kind of laughed but I guess you probably couldn't do that!
Dilkes: I'm going to have to look at it.
Champion: How else do you amplify sound?
Bailey: That's what I said to them! I said, I know of no other ways to amplify sound,
unless you (several talking)
Champion: A big huge megaphone! That would be as big as the Sheraton!
Dilkes: Generally ... I can say yes, generally that's what we're talking about. If ... if
somebody has a device that I have to decide whether it's amplified or not, then
we'll figure that out.
Bailey: Fine! That's... people read (both talking)
Hayek: Okay. Further discussion? Okay, roll call, please. Item passes 7 -0.
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ITEM 13. CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF THE
"PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT
FUNDS. (DEFERRED FROM 5/17)
Wright: Move adoption.
Champion: Second.
Hayek: Moved by Wright, seconded by Champion. Discussion?
Wright: I want to say I appreciate the Neighborhood Council going back and ... uh,
reworking the PIN grants, uh, I think it's a better (mumbled)
Hayek: Yeah, I appreciate that as well. Any further discussion on that? Roll call, please.
Item passes 7 -0.
Karr: Motion to accept correspondence.
Wright: So moved.
Wilburn: Second.
Hayek: Motion to accept correspondence by Wright, seconded by Wilburn. Discussion?
All those in favor say aye. Opposed say nay. Motion carries 7 -0.
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ITEM 14. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST A CONTRACT FOR THE PERFORMANCE OF CONSULTING
SERVICES BY AND BETWEEN THE CITY OF IOWA CITY AND
DIVARIS REAL ESTATE, INC., FOR A STRATEGIC ASSESSMENT OF
DOWNTOWN IOWA CITY AND RECOMMENDATIONS FOR THE
ENHANCEMENT OF RETAIL OPPORTUNITIES. (DEFERRED FROM
5/17)
Bailey: Move the resolution.
Mims: Move the... second.
Hayek: Moved by Bailey, seconded by Mims. Discussion?
Wright: Just again to point out the ... the cost of this is split with the University.
Hayek: Further discussion? Roll call, please. Item passes 7 -0.
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ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH
NEWCREST FOR ARCHITECTURAL DESIGN SERVICES.
Bailey: Move adoption.
Dickens: Second.
Champion: I will be abstaining because I have a conflict of interest in this matter.
Hayek: Moved by Bailey, seconded by Dickens. Discussion? For the public's, uh,
edification, this has to do with the fagade enhancement and some other things at
the medical offices at 2460 Towncrest Drive. Roll call, please. Item passes 6 -0;
Council Member Champion abstaining.
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ITEM 19. CONSIDER A RESOLUTION AUTHORIZING THE 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, LANDOWNER UNIVERSITY VIEW PARTNERS, AND
TENANT CHILI YUMMY YUMMY CHILI, INC. DB /A CHILI YUMMY,
FOR A SIDEWALK CAFE.
Bailey: Move adoption.
Wright: Second.
Hayek: Moved by Bailey, seconded by Wright. Discussion (laughter)? Best one I've
read in a year and a half! (laughter) Roll call, please. Item passes 7 -0.
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ITEM 23. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE EECBG
WATER PLANT IMPROVEMENT PROJECT.
Wright: Move adoption.
Mims: Second.
Hayek: Moved by Wright, seconded by Mims. For the public's information, uh, the
engineer's assessment... estimate was a little over $86,000. Uh, the bids came in
significantly higher than that. There's a memo in the packet as to that issue, uh,
but Public Works and Engineering recommends awarding the contract to Randall
Electric of Iowa City who came in at $143,350. Further discussion? Roll call,
please. Item passes 7 -0.
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ITEM 24. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE GILBERT
STREET STREETSCAPE PROJECT.
Champion: Move the resolution.
Wright: Second.
Hayek: Moved by Champion, seconded by Wright. Urn ... for the public's information,
the engineer's estimate, uh, was around $283,000. Public Works ... the bids came
in higher on this one. Uh, Public Works and Engineering recommends awarding
the contract to, uh, Calacci Construction of Iowa City for its base bid amount of
$353,000 and some change, but we will be, uh, trimming back the project
administratively to, uh, to be commensurate with how we had budgeted this
project. Further discussion? Roll call, please. Item passes 7 -0.
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ITEM 29. CITY COUNCIL INFORMATION.
Hayek: Let's start down with...
Mims: Nothing!
Champion: Nothing.
Wright: I just want to ... have a big shout -out for everybody who was involved on Summer
of the Arts this year. It was wonderful. The music was great. The artists were
great. No complaints at all, and I talked to a number of the artists and the
vendors, uh, who all said they were so impressed by the turnout and, uh, definitely
wanted to come back next year.
Hayek: Ross?
Wilburn: Uh, I attended Arts Festival too. Congratulations to the Summer of the Arts'
folks, um ... coming out for the Friday Night Concert, Saturday night events, and
looking forward to the Jazz Festival!
Bailey: I'll echo that. Great Arts Fest this year. Nice pancake breakfast on Sunday. Also
just want to note, in our packet, um, our Senior Center Commission Member, Jean
Martin, has passed, and I just wanted to recognize Jean, um, she was certainly a
very active community member and appreciate her time when she served on the...
on the Senior Center Commission, and she will absolutely be missed!
Dickens: I want to thank all the volunteers for Arts Fest. It was quite a production to see
that being put up early Friday and quickly gone by ... by Sunday night. So they
did a great job! Also, uh, our family is sponsoring the Beaker Brothers this
Friday night for the Friday Night Concern Series so I'd love to see everybody
come down and hopefully the weather finally breaks through for us on a Friday
night so we can have it where it's supposed to be!
Hayek: Thanks, Terry! Um, speaking of passings, I wanted to mention the passing of
Ralph Neuzil a couple of weeks ago. Um, life -long Iowa Citian, uh, larger than
life, and beloved in many corners of the community. Got his start in law school in
the 1950s selling pickles between class over at the Law School (laughter).
Champion: Sounds just like a Neuzil!
Hayek: Doesn't it sound just like him? (laughter) Anyway, he will be missed! Urn ... and
uh, I ... I experienced Arts Fest several different ways. Walking through on my
own, I had my kids at the ... the art tables, and I sat in the beer tent for a while, and
there wasn't a location down there that wasn't perfect, uh, it's just a great vibe.
It's probably the best one I've ever attended. So, and you're right, by ... gosh, by
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Monday morning you couldn't tell (several talking) downtown. Uh, City staff?
City Manager?
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ITEM 30. REPORT ON ITEMS FROM CITY STAFF.
Hayek: Dale?
Helling: No.
Hayek: City Attorney?
Dilkes: One thing. I found a definition of amplified sound (laughter). It's in our noise
control ordinance, and it says sound that is increased in intensity and duration by
electrical, electronic, mechanical, or other non -human means.
Bailey: Okay! Thank you!
Wright: So you don't need a permit to just yell! (laughter)
Hayek: City Clerk? We need a motion.
Bailey: So moved.
Wright: Second!
Hayek: Moved by Bailey, seconded by Wright. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7 -0, and we are adjourned.
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