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HomeMy WebLinkAbout2010-06-01 TranscriptionPage 1 ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. Wright: Second. Hayek: Moved by Champion, seconded by Wright. Discussion? Karr: Mr. Mayor, there is someone here. Schmitz: Good evening, um, there's an item in your, uh, correspondence section, um, it's the petition for a sidewalk in the east edge of Iowa City in the, from the Windsor West development, um, on Buckingham, uh, over to Scott Boulevard. Um, it's a growing development, and we have over 20 families, uh, that have houses there, and there's not a sidewalk out of the area. Um, American Legion Road, um, is a very high traveled road, but there's no shoulder, uh, no sidewalk, and I know that it's on a...a long-term improvement, but we have a major safety issue, uh, going on in there right now, so I did send a letter, um, and petition as far as all my neighbors have signed it as well, and we would like you to, uh, take a look at it and see if there's any way to, uh, rectify the situation, um, from at least a, uh, sidewalk that would get us, uh, able to have access out of the neighborhood. Hayek: Would you mind stating your name, just for the record. Schmitz: Sure! Um, my name is John Schmitz, and I'm at 4249 Kilburnie, which is in Windsor West. Okay? Hayek: Thank you. Schmitz: Thank you. Hayek: Further discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 2 ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Hayek: This is the point, uh, during our meeting when members of the public can address the City Council concerning issues that are not on tonight's agenda. If there's anything you'd like to address us about, uh, please form a line at the podium, uh, sign in and...and state your name, and please limit your comments to five minutes or less. Gravitt: My name is Mary Gravitt, and I'm here about Iowa City Public Library. You have disability bathrooms there, but you still have not put in those push handles to get into the bathroom, and even... even to get out. So if you don't have upper- body strength, once you're in the bathroom, you practically can't get out! Because you have the circulation fan in the bathroom is pulling, you have the door pusher that's pushing in, and so you're trapped, and the Library's been finished what for the last five years or so? Even the builder gave them a silver shovel to show that he was finished, but the bathroom is not finished, and that's against that American Disability's Law, because one day somebody's going to get trapped in that bathroom or not be able to get into that bathroom, and soil themselves and going to sue the City, and this has been going on too long. Thank you. Hayek: Thank you. Would anyone else like to address the Council concerning issues that are not on the agenda tonight? (unable to understand comment made away from mic) For those of you standing in the back, if you wouldn't mind leaving some space there so that our entryway is not blocked. It's a fire safety issue. Thank you. Yeah, and there are plenty of seats, uh, over on this side. Thank you. Anyone wishing to address the Council? Hearing none, we' 11 move on to Item 4, Planning and Zoning matters. This represents only a reasonably accurate transcription of the regular formal Iowa (:ity City Council meeting of June 1, 2010. Page 3 ITEM 4. PLANNING AND ZONING MATTERS. d) VOLUNTARY ANNEXATION OF APPROXIMATELY 2.37- ACRES OF LAND LOCATED AT 4265 OAK CREST HILL ROAD SE. (ANN10-00001) 1. PUBLIC HEARING Hayek: This is a public hearing (bangs gavel). Public hearing is open. Davidson: Good evening, Mr. Mayor, and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development for the City. Uh, we'll take items "d" and "e" together in terms of my presentation this evening. Item d is the voluntary annexation, and e is the rezoning of property that is, uh, being requested for annexation by the Johnson County Agricultural Extension District. Uh, they requested action, as I said, as both an annexation and a rezoning to allow the property to be incorporated into Iowa City. It's approximately 1.7 acres in size, and is currently zoned agricultural in the County. Uh, until recently it was a portion of the County fairgrounds, uh, this lot that we will be talking about this evening was subdivided off, uh, a few months ago, and the proposed rezoning is to P2, which would reflect the ownership by the State of Iowa. Um...as I mentioned, there was a subdivision creating the proposed lot, which you see here, uh, to orient you. If I can get the mouse working here...to orient you, um...this is...maybe I cannot get...here we go! Uh, this is Oak Crest Hill Road or Old Highway 218, uh, the County fair...the County fairgrounds property here, and the lot that's proposed for annexation and rezoning here. You will also note, uh, there's a difference in the size of the annexation and rezoning, uh, the rezoning is obviously just for the lot that you see here. Uh, we are also, uh, needing to bring in a portion of the highway right-of--way, Old 218, and a portion of the Crandic Railroad, in order to connect to the rest of Iowa City. That's why there's a difference in the sizes between the, uh, annexation and the zoning. Um...the...the reason that this is...has been subdivided and is proposed to be brought into the City is because the County Extension Service would like to be connected to the City water. I mean, they'd also...at one point, would like to be connected to City sewer. We don't have the availability to extend the sewer at this time because it is not in the vicinity, but the water line was extended down to the concrete pipe plant which went in a couple years ago, so it is possible by virtue of this annexation, uh, to extend City water to the property. Uh, and when the sewer gets extended down to this area we would then, uh, have the opportunity to do that, as well. Uh, the Crandic Railroad has as property owner of the railroad right-of--way has agreed to the, uh, annexation. Uh, in terms of the criteria that we used for this annexation, it falls within our adopted long-range growth boundary. Uh, it's consistent with the growth and development pattern in this area of the City, and as I mentioned, we have City water available to the site, and control of the development is in the best, uh, interest of the City since it is in This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 4 our long-range, uh, planning boundary. As I mentioned, the, uh, zoning will be to the P2 category, which reflects State ownership. Uh, there's one other provision that this property will not be allowed to have direct access to Old Highway 218. We like to control access along arterials. We did not want to create another access point. So they have agreed by virtue of an access easement which...which you see...if I can get this. Access easement right here. They will connect...be able to connect to the, uh, um...existing driveway that the County fairgrounds uses. So there will not be a new access point. And the recommendation for your consideration this evening, uh, for both the annexation and rezoning is approval. Thank you. Any questions for me? Thanks! Hayek: Anyone else wishing to address the Council during this public hearing? Okay. (bangs gavel) Public hearing is closed. 2. CONSIDER A RESOLUTION Champion: Move the resolution. Wright: Second. Hayek: Moved by Champion, seconded by Wright. Discussion? Roll call, please. Resolution passes 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa ~:,ty City Council meeting of June 1, 2010. Page 5 ITEM 4. PLANNING AND ZONING MATTERS. e) REZONING APPROXIMATELY 1.66 ACRES OF LAND LOCATED AT 4265 OAK CREST HILL ROAD SE FROM COUNTY AGRICULTURAL (A) TO INSTITUTIONAL PUBLIC (P2). (REZ10-00002) 1. PUBLIC HEARING Hayek: This is a public hearing (bangs gavel). Public hearing is open, and initially I would ask the Councilors to disclose any ex-parte communications, if you've had any. Okay. Any members of the public, uh, wanting to address us on this issue? (bangs gavel) Public hearing is closed. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Wright: Move adoption of the resolution. Champion: Second. Hayek: Moved by Wright, seconded by Champion. Discussion? Roll call, please. Item passes 7-0. If you guys wouldn't mind moving away a little bit from the door...that'd be great. We just have fire safety issues to be concerned about. There may still be some seats available in the audience. Thank you. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 6 ITEM 4. PLANNING AND ZONING MATTERS. ~ CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP), TO OVERLAY PLANNED DEVELOPMENT -OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. (REZ10-00004) (SECOND CONSIDERATION) Bailey: Move second consideration. Mims: Second. Hayek: Moved by Bailey, seconded by Mims. Discussion? And also I would ask for any ex-parte communications. Any further discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 7 ITEM 4. PLANNING AND ZONING MATTERS. h) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE, SECOND TO FIFTH ADDITIONS, IOWA CITY, IOWA. (SUB10-00006) Bailey: Move the resolution. Hayek: Moved by Bailey. Mims: Second. Hayek: Seconded by Mims. Discussion? Davidson: Uh, thank you, Mr. Mayor. The requested action, uh, for Brookwood Pointe is to approve the preliminary plat. This is a six, uh, excuse me, an 81-lot single-family subdivision in the vicinity of Russell Drive and Terrapin Drive and Sycamore Street. It is approximately 22 acres in size. Um, in 2005 there was a rezoning of this property from RS, uh, 2, excuse me, rezoning to RS-5 and RS-8. Uh, parts 1 through 4 were preliminary platted at that time...part 1 was subsequently final platted, and...I can show you...(mumbled). Uh, this portion in the southeast corner is what was, uh, preliminary and final platted, and is largely built out at this time, to orient you...if I can bring the arrow up. This is Sycamore Street along here, and Terrapin Drive, which is... is currently built in... in part 1. Uh, the preliminary plats for parts 2 and...2 through 4 have expired, uh, expired actually in 2007 and must be replatted, and that is the action which we are considering tonight. Complicating this slightly is that in 2008 we had new subdivision regulations, uh, were adopted, and influenced this plat, principally in the right-of- way width of the local streets, and I'll take you through that quickly in just a moment. Uh, there is a Conditional Zoning Agreement for this property that will apply to the plat that is before you this evening. Uh, there will be a contribution towards the improvement of Sycamore Street, which is scheduled for this summer, as you know. Uh, the storm water management facilities in... on that outlot right there, uh, outlot A, has been completed. Uh, the easement to facilitate construction of a sanitary sewer to the south point, excuse me, Sandhill Subdivision, um, in this area, excuse me, from Southpoint Subdivision to Sandhill Estates. Uh, there is an agreement in place, an easement, for that. And also, an issue regarding the landscape buffer for the double-fronting lots on... on, uh, Sycamore Street. Uh, this is consistent with the Comprehensive Plan. Now with respect to the, uh, to the...uh, new right-of--way width for local streets, goes from 50 feet to 60 feet, that was the change that was made in 2008. Um, for all of the streets, except Vesti Drive, the new right-of--way width will apply, because a portion of Vesti Drive right...there...right there...has been constructed already with the old right-of--way width. We don't like to change them iri the middle of the block. So we're going to continue that street with the old right-of--way width. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 8 All the other streets will have the new right-of--way width of, uh, 60 feet. Uh, in terms of the double-fronting lots, uh, there are landscaping requirements and fencing standards that we have which will apply to the subdivision. Because we're going to be constructing Sycamore Street, uh, the, um, developer will be required to, uh, basically we'll collect a fee for the installation of that landscaping, after the construction is completed. Uh, one other issue with this, uh, plat is the connection of the sanitary sewer to Sandhill Estates, which is directly to the west. We have worked out with the two developers, separate developers of those two subdivisions. It looks like that the developer of this plat requested to, uh, flip the phasing of Phases 2 and 3, and what that does is it lengthens the amount of time for that, uh, sanitary sewer to get extended to the next subdivision over, so we've worked out an arrangement where we think the timing will work out fine in terms of the phasing that's proposed, but if it doesn't and Sandhill needs that sanitary sewer in order to continue their development, this, uh, developer will be required to grant that easement and put that in so that Sandhill is not... is not held up, and that's been worked out and is... is part of the legal papers. Uh, in terms of sensitive areas, there are hydric soils but nothing else, uh, identified. No...no other issues identified. Uh, storm water management, a portion of this subdivision in the east will contribute a fee to the regional storm water basin that's further to the east. The remainder will use the storm water basin outlot A that I showed you earlier. Um, in terms of neighborhood parkland, parkland, there was formally an agreement, uh, for a fee in lieu of, uh, parkland being dedicated in this subdivision because of Weatherby Park being so close. That will be run by the, uh, Parks and Rec Commission. Again, we're under the impression that continues to be their desire. Uh, infrastructure fees, you can see, uh, in your staff report that you received those will be paid in terms of, uh, sewer and water main, uh, extensions on a per acre basis. Uh, the City Engineer has approved the plat, and it is recommended to you, uh, for approval. Any questions? Bailey: Was Terrapin Drive built originally with 60-foot right-of--way? Cause it's kind of... it looks like it is, yeah. Davidson: Yeah, I...I believe that is the case, and that's why there's nothing proposed (both talking) Bailey: Yeah, okay. Thanks. Davidson: Any other... questions for me? Wright: Yeah, I'm just curious, Jeff, um, Ashley Court presents one of those situations where you have the double-facing lots, and uh, just curious how come that was...that goes through as a, um, cul-de-sac rather than just a through street. Davidson: That was a desire to limit the number of access points on the arterial. If... if that had connected to a collector street, if Sycamore Street had been a collector street, we almost certainly would have had that be a through street out, but we try This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 9 and... every time you put an access point on an arterial street it becomes a conflict point. It becomes a potential point for crashes to occur. So that's why we...we basically limited this subdivision to the one access point to Sycamore. Now, we'll also extend through to Sandhill Subdivision and allow traffic to circulate in both directions, and then also via Russell Drive to the north and south. So we feel like there's good circulation with just the single access point on Sycamore. Creates a safer situation on Sycamore then. Anything else for me? Thank you. Hayek: Further discussion by Council? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 10 ITEM 5. RENEWAL OF A CLASS C LIQUOR LICENSE FOR COLUMN, INC. DBA SPORTS COLUMN, 12 S. DUBUQUE STREET. a) HEARING Hayek: This is a public hearing (bangs gavel). Public hearing is open. Adams: Mr. Mayor, Council Members. My name is Matthew Adam. I'm an Attorney with Simmons, Perrine, Moyer, Bergman here in Coralville. I represent Sports Column, uh, well, Column, Inc., dba the Sports Column. I'm here to request the, uh, Council recommend, uh, approval of the renewal of their liquor license for their...for the Sports Column. Uh, I understand that the Chief has recommended denial, and I understand that that is due in part to resolution 9-38, and that he was mandated to recommend denial, uh, due solely to an excessive PAULA ratio. Uh, I have personally been in front of this Council and argued, um, many reasons why I feel the PAULA ratio is an illegitimate standard by which to recommend renewal or denial of the liquor license, so I'm not going to go into all that again. Um, but I would ask the Council, or better yet remind the Council that it's merely one factor in the list and my clients comply with every other factor. And, especially...now it's my understanding that resolution 9-38 was...partly enacted by the Council to put it back on the bar owners to curb underage drinkers. Um, that...in my understanding through the Council passing the 21-only ordinance, it wasn't working, so you've taken steps on your own and that now has gone into effect. So in light of that recent change, I query whether or not the PAULA ratio as a factor should even be considered. Now... not to say that bar owners aren't responsible for their own actions or the actions that take place in their bar because they most certainly are, and my client, Bill Bryce, one of the owners of the Sports Column, is here to talk about what he's done and his partner, Todd Barnes, have done in the last year since they've owned this establishment, because they recently purchased it, well, one year ago today effectively, or thereabouts. So my...my request is that this Council recommend renewal of the Class C liquor license for the Sports Column. I'd be happy to answer any questions, but before I'd like (mumbled) to Bill so he can address the Council. Bryce: Good evening, uh, as Matt said, my name is Bill Bryce, and I am one of the co- owners of the Sports Column. Uh, I've prepared a brief statement that I'd like to read for you. Uh, I'll keep it real brief. On May 22, 2009, myself and my partner, Todd Barnes, purchased the Sports Column. Prior to owning this business, my partner and I have a combined 21 years in the bar and restaurant industry. Together we have held positions of security, bar back, bartender, assistant manager, and general manager. Our experiences in each of these positions have helped shape the type of owners we are today. Underage drinking has been an issue in Iowa City for a long period of time. Never has it been accepted or tolerated in any establishment that we have worked at. When we first bought the Sports Column, I found it imperative to introduce myself to the key members of This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 11 the Iowa City Police Department so we could begin to work together on any issues that they felt were problematic with the Sports Column. I met with Sergeant (mumbled) Sergeant Scott Gardy within one week of owning the business. At the time, Sergeant Gardy was alate-night sergeant for the Police Department. It was at this meeting that we discussed the culture of Iowa City's late-night establishments...establishments, and opened the line of communication between our establishment and the Iowa City Police Department. Once August came around, I met with Sergeant Troy Kelsay. Again, we discussed any issues the Police Department had with the Sports Column and I again expressed how I would like to continue to work with the Police Department. I placed several follow up phone calls with Sergeant Kelsay during the months of October, November, and December, all of which were unreturned. It wasn't until late January, early December...err, early February, that Sergeant Kelsay met with me and we had another meeting. At this meeting Sergeant Kelsay spoke quickly about the PAULA ratio, the Sports Column's PAULA ratio, and I informed him of the steps that the bar was taking in order to prevent underage drinking. The meeting was the last communication that we had with the Police Department until Sergeant Denise Brotherton called to inform me that our liquor license was going to be denied, based on the PAULA ratio. Sergeant Brotherton said that all other aspects of our application were in line with getting our license renewed. The only exception was the PAULA ratio, and unfortunately City ordinance mandated that our license renewal be rejected. Todd and myself have never been charged with serving alcohol to minors. No employee of ours has ever been charged with serving alcohol to minors. We've owned the Sports Column for one year and during this time our employees have passed every sting that the Iowa City Police Department has sent in. Our employees understand that if we see them serve anyone with a minor stamp, they will no longer have a job with the Sports Column. We will...we won't tolerate anyone who serves alcohol to minors. Lastly, I' d like to inform the Council how we operate our business and the steps that we've taken in order to prevent minors from obtaining alcohol. We have one door that all patrons must come through when first visiting our bar. At this door they are greeted by our security personnel who check their identification. Legal patrons are then identified by a black stamp on their right hand. Minor patrons receive a red stamp on their right hand, followed by a big red "X" with permanent marker. Our bartenders and waitresses are instructed to check for the legal stamp before a customer begins their order. We also have security personnel who roam the bar and pull drinks from customers who do not have a legal mark on their hand. Our waitresses and bartenders are instructed to serve only two drinks per person with a legal stamp on their hand. This prevents one legal person from purchasing an absurd amount of drinks for their underage friends. I again thank the Council for their time and we respectfully request the City Council recommend that the liquor license be renewed. I' 11 answer any questions that you guys have. Hayek: Questions for Mr. Bryce? This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 12 Wright: Did you know what your PAULA rate was throughout the year after you purchased the bar? Bryce: We...we did, and it was up and down throughout the semester, or throughout the year I should say. Um, initially it was low, and if you look at the breakdown month by month, we had some really good months and some really bad months. Um, I'm not going to stand here and....I'll take full responsibility for the 1.4. What I will say is that I think that number's very deceiving and it's...it shows that we have more underage people drinking there than are actually happening. I think some of the factors that go into determining that 1.4...1.4 ratio aren't exactly fair, but I'll take full responsibility for it. Bailey: To what... (several talking). Go ahead. Wright: How do you explain the variations from month to month? Bryce: You know, the Police Department can just pick and chose when they come in, how often they come in, and how many officers come in for what type time period. So, you know, for the month of...November I believe, we had a very high PAULA ratio. They came in Minnesota weekend because of the home football weekend, several times throughout that day, and you know...that's...that's just a variation. You come in December, you come in November, you come in October. Bailey: So... given... given the measures that you take to, um, prevent underage drinking, to what would you attribute, I mean, such a high PAULA ratio, besides the...the frequency of the checks? I mean, if you've taken responsibility, what other steps.. . Bryce: We can pull drinks as much as we want to, you know, if I have a bouncer who goes to the back of the bar or the restaurant and they pull a drink out of the, you know, a minor's hands, as soon as they turn around, if their friend hands them another drink, you know, we have to get back there and do it again. I think now with the 21-ordinance, that's no longer going to be an issue. Dickens: I know in my discussions with you, that you said that you had planned to go to 21 and stay 21 no matter what happens. Bryce: Absolutely! You've never seen me in front of you argue against 21-ordinance. I've spoken to you individually, um, about it, and I've expressed my concerns with going 21, um, but...you know, in the long run, maybe 21 is the answer. And Terry, yes, we have talked about staying 21, even if it were to go to vote in November and go back to 19. To be honest, Folks, I don't want to be in front of you any more than you want me to be in front of you. Champion: No, I don't mind you being here. Because I really want bar owners to start taking more responsibility for the underage binge drinking that's going on in their bars, This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 13 and the over-serving of alcohol to patrons of bars in this town. I mean, you are responsible for that. Bryce: Absolutely! Champion: So I'm glad to see you here! Bryce: And to be honest with you, another factor that...there was one night of the week that we had a special, that I know the Council didn't like. It was Thursday nights, that we also received a lot of PAULA, uh, tickets on that evening. We have changed that special. It's no longer there anymore. Hayek: Other questions for Mr. Bryce? Okay, thank you, Sir. Bryce: Thank you. Hayek: Do we need to hear from the Police Department on this? Bailey: Yes, please. Brotherton: I'm Denise Brotherton with the Iowa City Police Department. As he had stated, there were other factors, uh, taken into consideration. Uh, those on their own would not have necessarily been a denial, but uh, because of after July 1 S`, 2009, anything with a PAULA rate greater than 1.0 would be an automatic denial recommendation. The PAULA rate of 1.4 obviously would put them in that category for an automatic denial from the Chief. Hayek: Any other questions for the Department? Dickens: Have you seen many other bars work as hard as these guys in trying to clean it up? Brotherton: I think they do put an effort in, uh, I am new to this position. I...this is the first one I've come across, um, of the larger establishments, um, that have the excessive PAULA rate, though I have others coming up that... it seems their going to be in that category too. Um, I think, um, the issue, as he said, is having the under-21, um, patrons in there is what one of their main problems probably was. Bailey: This is probably a better question for Mr. Bryce, but since you're up...what's the capacity of the Sports Column? Brotherton: That would be a better question for him. (unable to hear answer away from mic) Bryce: (Can't hear) Bailey: Thank you. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 14 Hayek: Other questions for the PD? Thank you. Any other questions, uh, for Column Inc. before we close the public hearing? And is there anyone from the public who wishes to address us on this? Okay. Wilburn: Um, I have one more question for the owner, please. Um, you had mentioned the 21 and... and your comments about wanting to go 21, and uh, certainly you're right to have done this, and I'm just kind of curious, um, there, I believe there was an event, a fundraiser, working towards, um, defeating...repealing the 21- ordinance. Did...was your bar one of the sponsors of that? Bryce: We were. We were, yes, we're a part of it, along with everyone else (both talking) Wilburn: That's all I need to (both talking) thank you. Hayek: Okay. Unless there's anything else I'll close the hearing. Item S.b. is consider a motion to deny in accordance with staff recommendation. b) CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF RECOMMENDATION Wright: So moved. Bailey: Second. Hayek: Moved by Wright, seconded by Bailey. Discussion? Who wants to go first? Mims: I think it's a matter of consistency, I mean, I wasn't on the Council when the PAULA policy was put in place and I personally have expressed some concerns about it, but that is what we're operating under, and if we're going to be consistent in the treatment of one business to another, I don't see how we can do anything but deny this. I think we' 11... we' 11 see as this comes back from the Iowa Alcohol Division exactly if that's going to hold up or not, and...and I think as we talked earlier about going forward with 21, um, the discussion at the Council was we still felt PAULA was, uh, an important piece in this...in case there were still underage people in the bars. Wilburn: I agree with, uh, the point you brought up, Susan. In addition, I don't want to, um...several times it's been brought up by, uh, bars that have been subject to this, uh, about it being, if not for... if not but for the PAULA rate, um, 1 don't want to minimize the importance of...that was an attempt to, uh, objectify, um, what was before a subjective measure, and uh, possession of alcohol under the...under the legal age is one of the critical issues so... This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 15 Wright: And another point, uh, and I agree with your consistency comment, but there's...there are other large bars that manage to keep their PAULA rate under 1.0 and they manage to do it pretty consistently and so that....that means it clearly is possible. Uh, and I...I understand that you could have different security features and different methodologies of trying to keep the underage drinkers out, but it can be done. Bailey: Well, and I, um, can...I supported the continuation of the use of the PAULA standard even in light of passing 21, um, because I don't think...as I think I said a couple, maybe three times, I don't think 21 is necessarily the panacea, so I think that we need to use a lot of different standards to see how we're approaching this challenge in our community. And this is one of `em! Dickens: I guess we're going to have to see what happens in the courts this summer, uh, as it's written, we do have to follow the policy with PAULA. I...I've talked to these young gentlemen many times and I know how hard they are working at it. So it is a very tough decision, but I...I...I think that once we get a decision this summer that'll give us a little better clarity on what we need to do to refine our PAULA to make it...but we won't know until then. Champion: Well, I...it is our policy, and I'm certainly going to support it and I think they're trying. Are they really working hard at it? Well, I don't believe it. They only went from 1.5 and 1.4. They've owned this bar for a year and I find it hard to believe that you can't control it. You own this bar, and you're controlling what's going on in it, and I don't listen to that anymore. You can control it. It's being controlled in other bars. Hayek: Everyone's spoken but...but me, um, I have met with these guys on at least one, and I think two occasions, um, and, uh, I...I think their intentions are in the right place, and I think they're going to be down the road, uh, and presently positive members of...of, uh, this portion of downtown, but the fact is that we...we do have a policy in place. We talked about this several weeks ago because we knew that some of these renewals were going to come up on our agenda. Um, and uh, and we decided to keep our policy in place, pending the outcome of the litigation, uh, which has placed it in some limbo, although it is...it is just that at this point. Uh, and...and 21, and we don't know whether that's going to stick, um, so uh, this may or may not be necessary, uh, if 21 sticks, and we're going to have to have that conversation as a Council in the future, when we know what the future holds. Um, but we have decided to stick with...with our policy for the time being, and I think we do need to be consistent, um, I'm...I have no doubt that this will be appealed and...and the applicant will stay open, pending that appeal and pending further information, but we've got a policy, guys, and we have to be consistent with it, and I'm sorry to have to deliver that news. Okay, any other discussion? Okay. All those in favor say aye. Opposed say nay. Motion carries 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 16 ITEM 6. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SIDEWALK INFILL 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. a) PUBLIC HEARING Hayek: And for the public's information, this involves the construction of an 8-foot sidewalk along the south side of Rochester Avenue from where the existing sidewalk currently ends, east of Larch Lane, over to Amhurst Street. The construction of a 4-foot wide sidewalk along the east and southeast side of Dubuque Road from North Dodge Street to Bristol Drive. The construction of a 4-foot wide sidewalk on the west side of Bristol Drive from Dubuque Road to where the existing sidewalk currently ends. The construction of a 4-foot wide sidewalk on the east side of Bristol Drive in front of the vacant lot between 1408 and 1430 Bristol Drive, and other related work. Uh, these locations are the missing links in our, or some of the missing links, in our City sidewalk system. Total construction cost is estimated at $190,000 and it'll be funded with General Obligation bond proceeds. This is a public hearing (bangs gavel). Public hearing is open. Public hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Bailey: Move the resolution. Wilburn: Second. Hayek: Moved by Bailey, seconded by Wilburn. Discussion? Bailey: Long overdue! Dickens: There's no public property that we have to worry about the side, width of the sidewalk that the City would have to clean. Fosse: No, not...not in this group. Hayek: Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 17 ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "AGGRESSIVE PANHANDLING," TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS IN THE DOWNTOWN. (PASS AND ADOPT) Bailey: Move adoption. Champion: Second. Hayek: Moved by Bailey, seconded by Champion. Discussion? I know there are members of the public who wish to address us. Uh, so as I said before, if you do wish to address us on this item, if you'd please form a queue and uh, if you get to the front, if you could sign in and state your name, and limit your comments to five minutes or less. Griffin: Uh, my name's Tony Griffin, and I'm a life-time resident of Iowa City. Um, I've written my comments a little bit hastily here so they're a little disjointed and I'm reading them off my little mini-teleprompter, but um, what I wanted to say is that it seems to me is that this is not really an issue of public consciousness so much as that this is a notion that has, um, come forth from a small group of business owners who seem to feel that this aggressive panhandling is, um, distracting or, um, deflecting business from their businesses downtown, and um, you know, economic conditions everywhere obviously are in a downturn right now, and I think that the reason that downtown businesses are suffering doesn't really have anything to do with aggressive panhandling, and I think it's kind of shameful that business owners would stoop to scapegoating downcast and debased people, um, if we take a glance around our downtown, I mean, when we look aside from the bar scene, the kind of businesses that we see are places like Bella Joli and like Herteen and Stockers and like Beta Home and things of this nature, and I mean, who are really the target demographics of the people who...for these businesses, like, young professionals who are affluent or middle-aged people who are affluent obviously aren't really the main constituents of downtown Iowa City. Um...and I think it's unwise for a lot of the non-bar businesses to target this demographic and the displacement of these businesses, one of the big reasons that downtown is suffering, and these people don't want to come downtown because the parking situation is so bad and the enforcement is so draconian and everyone, you know, this is really notable in this situation because all the people I'm referring to don't live in downtown Iowa City and would have to drive here to get to these businesses. Secondly, downtown is full of students, which I think is a much greater concern than downtown being full of panhandlers to these people that I'm referring to, and the businesses themselves are insufficient to attract attention away from shopping centers of greater convenience. I don't think aggressive panhandling is really on the collective radar, and I've seen the way that these This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 18 people respond to being panhandled. They aren't offended. They just ignore the people that are panhandling and walk right by them like they don't exist. But still, business owners insist on pointing their fingers than...instead of thinking more critically about their own entrepreneurial choices. Downtown Iowa City is for the greater part an active, diverse, and energetic group of young and not particularly financially well-established people, and its bars and restaurants and coffee shops for the most part reflect this, but many of its other businesses don't, holding out hope to attract back another crowd of people who simply aren't the constituents of downtown, and are unwilling to deal with the rest of it when they have the leisure of other options. So I feel this response to the situation really doesn't make sense, and I don't want to see the City Council legislate in a way that I feel is curtailing freedoms on behalf of the business community. Just wanted to give a short anecdote here to close. Um, last Friday during the Friday Night Concert Series I was out on the ped mall and I was walking...I wasn't really paying attention to the show but I came around the Wells Fargo building and I heard a boombox playing some hip hop music and there was a big crowd of people, and started making my way through the crowd of people, and I see there's eight or nine guys out here in the middle break dancing. You know, they're doing a really good job, having fun. I sat down for like half an hour and just watched it with a bunch of different kinds of people of all ages and ethnic groups, and it was a really cool experience, and I want...and I put a dollar in their jar, and they had a lot of dollars in their jar. You know, I wasn't the only person who felt this way about what they were doing. And as I was walking away I was thinking about this ordinance and thinking about how, you know, this situation...excuse me, my throat's a little dry, would be illegal if this ordinance passed, and probably would never have happened without prospect of some financial return for these young people. And so I....is this really what we want to do? Discourage young artists and musicians from expressing themselves and making a couple bucks in the process? And I think everybody probably agrees to that point, but there's a harder side to that question too, and I'm sure anybody would be glad to claim the story that I just told as part of like the rich cultural heritage of our downtown, and that's pretty easy, but what's harder to acknowledge is that panhandlers on the street who want money for nothing (mumbled) needy or not are for better or for worse part of that culture too. And that's a part of the same openness of expression that's really crucial to a free society. And when one person loses that freedom, everyone in some measure loses it. So, what I think we...we all need to do is...is kind of grow up and realize that we don't live in a perfect world, and there are certain negatives that can't be legislated against. There are costs, if you will, of having a free and open society, and one of these things is the protection of expression for people whose expression you might find objectionable. And, if the price of that freedom is as low as being asked for change in the ped mall occasionally as I'm going about my business, I'm willing to continue to pay that. I think that's a pretty small thing to ask, you know, and I think...just in summary I want to say I think this is a really important issue and I think that this Council needs to act to protect freedom of expression the same way that any other government body would. That's all. Thank you. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 19 Hayek: Thank you. (applause) Klein: Uh, Garry Klein, 628 2"d Avenue, um...last time I spoke before the Council I...I realized that I mentioned...I...I asked for something from you, which was a decision that might be driven by data, and since then I've actually followed up with our Police Department. I'm happy that the Chief is here tonight. I will say that I contacted Jorie Bailey, and he told me that to his knowledge, although he would get back to me, there...the enforcement of this...the current aggressive panhandling ordinance has yielded no citations, which I believe I also heard from Members of the Council. Um, what I ... so I thought the best thing I can do as a person who collects data for a living is to try and bring you some information that might be helpful to you in making a thoughtful and...I believe a judicious decision. So I...I'm going to present the results of a survey that we, uh, that is the Citizens United for Freedom of Speech, uh, administered electronically between May the 25th and the...and 4:00 P.M. this afternoon. I say 4:00 P.M. this afternoon...is because that's when I could...I had to (mumbled) otherwise what would I be telling you? So, here's what I wanted to share with you. Um, and I think it's...I think it's helpful to you, that 90% of the sample, and this was...these were Iowa City residents, about 140 of them, um, and then people from outlying areas who weighed in on our issue, who said...90% of them feel that downtown Iowa City is the kind of place they really enjoy. Now I will also say that there is a percentage of them, somewhere in the 35% range, who think that downtown is, uh, is less safe than they would like it to be. So what I...what I have for you is sort of their ideas for how to make it safer, and I will tell you the one thing they did not suggest, well, one person suggested it, is that we add one more law. Uh, what they did suggest was better lighting downtown because, uh, police call boxes. They recommended enforcement of current laws. They recommended, um, a more visible police presence downtown. Now, I say this to you because their concern is not at all about daytime in Iowa City. Daytime, daylight hours. Their concern, in the survey, was limited, with the exception of two people, to the nighttime hours. Now, I don't know how aggressive panhandling works for you all, but most of the panhandlers I've ever seen tend to be, uh, out more in force during the day, in part because, uh, probably like...like the rest of us, they have like sleep needs and such. Uh, not...not this Council, cause I know you like to keep late hours! Uh, but what I do want to say is that that is a big concern. That...that's a public safety concern we can...we can, we all can agree it's something to look into. Now, do I think that a... an aggressive panhandling ordinance is going to help that? No, I don't, because of who it's going to hurt on top of that. You heard...you may have heard, uh, let's see, Illinois John Fever was playing outside in front of your building while you were in your work session. I'm really sorry they couldn't come in, but I know you had to get work done. But the point is that...these kinds of groups couldn't even play on the ped mall together, according to the ordinance anyway. They'd have to be 15-feet away from each other, and that would be kind of difficult since they're afour- piece, and if you play music at all, it's a little hard to keep rhythm when you're This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 20 15-feet away from the next people. So, the last thing I want to say is that I have this information for you from our survey. I would love to run the survey longer. I...we distributed it as widely as we humanly possibly could, given the limited time we had to do it in. And we did send it to all kinds of people, so, you know, I can imagine people going, oh yeah, they sent it all to friends. Well, no, that's not exactly what happened. Um, so I want to give you this information with the hope that you will...you will say to yourselves, do we have to make a decision tonight on this ordinance? Perhaps we could look at some more information before we do something that's detrimental to non-profit organizations, to street musicians, to yes, panhandlers, but to Girl Scouts, to the UNICEF, to, you know...and the list would go on and on. So, I want to offer this into the record as information that I hope you will pay attention to, um, again, I do this for a living. I...I kind of...I have some belief in the power of numbers. I hope you'll take them into consideration. Hayek: Thanks, Garry. Cr Uh, my name's Steven Cr .I've lived in Iowa City off and on for the last three years. I live at 1009 N. Summit now. I've been, you know, the economic times have not been good. I'm a construction worker by trade, and I've been looking for work for the last two months. And there's been times where I have needed to go downtown and panhandle for toilet paper. I mean, it's...I didn't have another way to get it. And...the other thing that gets me with this is, I've been in other parts of the country where similar ordinances were enacted and some of them were eventually repealed because of first amendment rights. I can specifically site Arlington County, Virginia. Um, there...there...the passing of this law, I see it doing more harm to people than good. That's really all I have to say. Hayek: Thank you, Sir. (applause) Drollinger: My name's Guy Drollinger. I've lived in Iowa City my whole life. I think this...and thank you for your service. I think it's the greatest community in the world. I...I think it's...the artists, the musicians, the people that live in this town, the University bringing new people into our town constantly that...that help us, uh, I think this ordinance against panhandling, against music when I heard the phrase, "They will make it against the law to play music," I don't care what follows that phrase. I think that when you...when you begin to start a phrase by, "They will make it against the law to play music," I think you really need to really watch what you're...what you're doing and what you're saying and what you're passing. I think that, um...when my wife and I were lucky enough to travel to New Orleans, a man sitting on a soap box in New Orleans playing the blues and he looked like he was downtrodden and needed some money and we threw a dollar into his case. I think you take that away from New Orleans, what do you got? Uh, some of the people are...other places we went, went to Vienna, Austria. Stood outside the...the, uh...um...can't think of the name of the place, but the big This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 21 classical musical place where they play it, and musicians playing on the street there with harp and with violin and it was just magnificent. It....it's a memory that I'll never forget. Out on the streets of Iowa City I've heard wonderful musicians that have been passing through. I think that as a City Council you not only represent the store owners downtown Iowa City, but you represent that person who's downtrodden, who's sitting on the street of Iowa City with no money. You're their City Council Member too! And I think that...that when it comes to saying we want to eliminate the ability for people to...be poor, we're going to throw people who are poor in jail? I think that that's a scary thing! I think that we're going to make it against the law to play music. We're going to make it against the law to be poor. I think that with an illness like cancer, we don't know which of us has cancer right now. And, with an illness like cancer taking your house and your car away, we could be out there with a little sign tomorrow or next week, or one of our friends. I think that you really need to think seriously before you pass this ordinance. Um...I think it really touches the heart of this community which is artists and musicians, and I think when you mess with that, you've got to know what you're doing. That's all. (applause) Buell: Hi. Excuse me. My name is Charles Buell. I've lived in this town for 27 years now, and I'm very much not a public speaker, so please bear with me. I have had the good fortune to spend a small portion of my youth in various parts of Europe. While there I witnessed public performances of various sorts, adding to the flavor of the culture and society. Over the last ten years I've had the pleasure of enjoying the same in downtown Iowa City. I've also known many of the panhandlers downtown, and even been one myself. I've seen people out for entertainment (mumbled) tactic such as juggling, jokes, and riddles. I myself used to ask people simply if they could spare a smile or a hug, often to be told to get a job in response. This experience suggested to me that people tend to suffer preconceived notions of panhandlers, implying that most of the fear and/or anger directed to them as being brought about by social stereotypes. It amuses me that a city which aims at liberally working towards lessening negative social stereotypes is, in this case, doing the opposite, publicly in creating this fear. While there certainly may be some especially aggressive panhandlers in this town, they by far seem to be in the minor...minority. Many of the more passive individuals have become aggressive after being pushed to that point by the slew of drunken and aggressive students and bar patrons. But this is anecdotal. It seems that a large part of this proposed ordinance affects guitarists, violinists, jugglers, dancers, UNICEF fundraisers, and impromptu band performances. These people indisputably add flavor, charisma, and character to the downtown cultural scene. As a city, we have been gaining the reputation as a party capital, as well as a cultural haven. We were recently listed as one of the most literary cities in America. It strikes me as a backward step to limit, prohibit, or confine free-range public performers simply because they're hoping to make a few extra bucks, especially considering how much higher the cost of living is in Iowa City compared to the rest of the state. (mumbled) uh, part of the ordinance has been brought about because of a fear of downtown business owners, they've been This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 22 saying that panhandlers have been driving off customers, and yet before this hearing I got on line trying to find the text of the ordinance and I found an article which had quoted Mr. Terry Dickens as saying that he's had people flee panhandlers by going into his shop. And I'm wondering if...which way it is. Are they fleeing the shops, or are they fleeing the panhandlers? And...that's it. Hayek: Thank you, Sir. (applause) Presiado: Liz Presiado. I live at 424 Clark Street, and I am the manager of a boutique downtown in the pedestrian mall, and um, I'm here to speak out against the ordinance. Um, I think you're all aware that people are, um...not in line with (mumbled) being part of the soliciting definition, but I think that...I understand concerns of other business owners as far as having panhandlers scaring away customers, um, I really don't feel like that's been my experience. Um, I feel like...it's uncomfortable for people to be asked for money, or to see homeless people, but it's part of life and I don't honestly think that anybody is concerned for their well-being or their, um, physical self by these people. I've been more concerned by very drunk people harassing me than I am a panhandler asking for money, even if they do, um, sometimes swear at me (laughing) but um, I think that it would be the wrong thing to do to push panhandlers out of the pedestrian mall. I think that we're going about getting shoppers, um, to the pedestrian mall in...in the wrong way. I think the Downtown Association is doing a really great job right now of coming up with different ways to attract people to the downtown area so that they can have positive experiences and realize that the panhandling really isn't as big of an issue as maybe they think it is in their mind. Just like parking. There's a misconception that there's not enough parking, that there's parking ramps and by the time you walk across the ped mall from a parking ramp to your favorite store, it's like crossing, you know, Coral Ridge Mall. So, there's misconceptions. We should be getting...we should have positive ways of getting people downtown to the downtown. area and experiencing the pedestrian mall so that, um, people want to come down there. So...that's all I have to say. Karr: Ma'am? Excuse (applause) Hayek: Would you please sign in? I think we forgot to have you do that. In fact you can do it right now...before the next speaker goes. Karr: If everyone, yes, if we could sign in, then we could get you on the record. Thank you. Dean: Hi, my name is Bryson Dean. Hayek: Ma'am, could you...could you just wait one minute. We...we're going to get caught up here and have these...folks who did not sign in do so. We can memorialize their names in the record. Thank you. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 23 Dean: Hi, my name is Bryson Dean. And I wrote you a letter. My concern is the thought process that goes into creating this ordinance! It's my understanding that the (coughing, unable to hear) laws have not been followed. Or have not been enforced. So that would lead me to wonder what is the basis to create a good policy or a good ordinance. It seems to me you have to really have a working knowledge, at least I found this in my working career, of what you're doing before you make a change. And it does not appear to me that you've done that, unless there's information that I don't have. So I'm...I'm just left with that question, but I'm also have been a little concerned that you say that there's some senior citizens who are a little afraid to go downtown. Well, I'm 71, and I love the mall, and I want you to leave it the way it is! Thank you. (applause) Hayek: Ms. Dean, did you sign in? (unable to hear response, away from mic) Okay, thank you! (laughter) Hello, my name is , um, and I wanted to start by asking you what you see as the benefit or the goal of this ordinance. If someone... Hayek: Uh, yeah and the format we follow... Uh-huh? Hayek: ...on something like this is...is we allow input from the comment, but we're really not structured to engage in a dialogue with you, so we're really not going to be able to answer questions you pose to us. Well maybe this is something that, uh, you should bear in mind and, cause I don't know what your goal is, and I understand there's concerns about wanting to increase business downtown or make people feel safer, and as I understand it, it's an ordinance against aggressive panhandling. So my question is, is it legal to begin with, to harass people? I mean, my understanding is it's illegal to harass someone. And, to make a law that you're not going to be able to enforce, because if you can't enforce harassment laws already to add this law, I don't understand why we're targeting panhandling if the problem is harassment. It's a legitimate concern. I've personally never been harassed by a panhandler. I have been approached by panhandlers. And it's true it's uncomfortable. And I don't like to see homeless people cause I know it's a problem. It's not that I don't want to see them. I want to push them into the fire alley so that I don't have to pass by them. And I know that's not really, um, probably your goal is to sweep them under the rug, but if the problem is aggressiveness or harassment, I would think that there should be enough of a police presence in the ped mall to enforce that kind of thing. I don't see this as a place where we're saying it's legal to harass and attack and be aggressive if you're not panhandling. So why do we need a pan... a panhandling ordinance, I don't understand that. And I think it would really be a big mistake to pass this. Thank you. (applause) This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 24 Hayek: Thank you. Drollinger: Hello, uh, my name is Hannah Drollinger, and I was born and raised here in Iowa City, Iowa. I currently make a living as a free-lance violinist, as well as fiddler in this community, and also the cultural corridor between here and Cedar Rapids, and also the southeast Iowa area. Um, I, uh, am approaching this topic from the perspective of a musician. Um, also I'm approaching this topic from the perspective of someone who has performed on the pedestrian mall, uh, for approximately the past ten years, um, generally in the summer, in the warmer months. Um, I have done so, uh, while simultaneously opening my case, um, and I have, by doing that, uh, not necessarily told anyone that they need to pay me or they ought to, uh, place a dollar or a penny in my case, but rather with the intention that, uh, I'm there to share my art, my life's work, and my...what brings me joy to other people, with the hopes that, um, I will be able to bring them joy and add a, uh, unexpected and unique element to their evening, uh, enjoying Iowa City's ped mall. Um, with that having been said, I...I guess the part of the ordinance that I understand that, or that I understand has been, um, offered on the table that does not make sense to me is, uh, the placement of... of musicians, or `buskers' as they say, people playing music for tips on the street, um, I understand that previously there have been a few, at least one, possibly two or more ordinances passed in the past... in the previous few years that have affected what I...what I do, um, on the...on the Plaza, which is play music, um, and I took note of that and I actually contacted the Council because I believe, or the City building rather, a secretary of...of some sort, because I believe the ordinance...I couldn't find it on line. So I had it emailed to me. I then went ahead and printed it out and kept it in my case, um, so that I would be able to, um, to remember and know the stipulations and the laws regarding what I was doing. Um, and so having said that, um, I knew that there was a...a jurisdiction regarding the placement, where I chose to set up was...was um, regulated. I needed to be a certain distance away from a business entrance. I also needed to be a certain distance away from an ATM machine. I also needed to be a certain distance away from a patio of any nature, such as a cafe or a restaurant, uh, with outdoor seating, and if I'm not mistaken, I...I believe, I could be wrong, but I believe the fourth and final stipulation was that I maintain a safe distance away from the playground area that's adjacent to the Iowa City Public Library. Um, so in all manner of speaking, I observed that, and um, went about my business. And, uh, so now what I understand how I might be affected personally by this ordinance, um, again from the perspective of a performing artist, um, is that I would need to relocate and I would only be allowed to share my life's work and joy and art with those people who are passing down the pedestrian mall, uh, within the fire lane. Um, as well as taking that a step further, um, I would as far as I understand and of course you can't correct me if I'm wrong, but later on you can address this, um, if need be, that I would, if playing music with others, need to maintain a distance of something like I've heard quoted, I'm not sure if this is right because I haven't seen it in print, of 15-feet away from my fellow musician. Well, I think we can all just informally agree that that would basically prohibit any...any, uh, group of This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 25 people from, you know, congregating in the fire lane because we wouldn't want...want that, and going on to play music together, uh, as well as whether or not they were asking for tips, and as far as I understand, um, the...the premise is that perhaps I couldn't even set up with a group of people, nearby the business entrance, because there would be that possibility that someone would enjoy what I was doing so very much that they would want to hand me money! And at that point I would have to look them in the eyes and say what you're about to do is illegal. Do you really want to do that? Um, which, again, uh, is...is a very bizarre and outlandish concept to me. So, um, to...to summarize sort of my perspective, it's that I have...have done this for the past ten years. I have experienced, you know, countless memorable moments. Um, I've met individuals I would have never met. I have, uh, you know, made those connections between...between, within my community, whether it's myself as taking the role of an Iowa Citian meeting a University of Iowa student, whether at the time I was a University of Iowa student, which I was at one point, meeting someone from the community, uh, who had just moved here or something. So it really, from my experience, has only been a positive, enriching aspect of our downtown culture, and um, I guess if there's anything left to say it's just that...you know, I haven't addressed the other aspects of this, which is the panhandling portion. I'm going to leave that to what's already been said, but for the artists, for the people who may be seeking new collaborations and...and wanting to branch out, um, I just...I don't understand how stifling the creative spirit of an individual is, um, is a healthy thing to do and I also don't understand how restricting someone from showing appreciation of art in Iowa City, in this cultural corridor, um, by telling them it would be illegal, you know, for them to hand me a dollar based upon where I am standing! Uh, it just...it seems, it's not even disappointing. I...I have the confidence that this will not pass and um, I have...I have the confidence that you all understand what I'm talking about when I'm talking about...artistic, um, integrity. What I (both talking) Hayek: I'm going to have to ask you to wrap up (both talking) Drollinger: The last thing I want to say is that, um, it's not an embarrassing thing to be a busker. I'm quite proud of it actually, and uh, I've been endorsed in, uh, the email newsletter of the, uh, the Iowa Arts Council and the Iowa Department of Cultural Affairs. There was an article written, um, not to bring more attention to my career, but mainly to bring about the point that, you know, they're funded by the National Endowment for the Arts, and if you have, uh, the National Endowment for the Arts funding the Iowa Department of Cultural Affairs, funding the Iowa Arts Council deciding that if any artist in August of 2008 that they wanted to bring attention to, it was a young woman named Hannah Drollinger who was busking on the streets of Iowa City, playing world music, gypsy jazz, classical, folk that maybe it's a worthwhile venture, and maybe, um, maybe I am, like I said, bringing, uh, a positive....positive experience to those who visit the downtown Plaza. Thank you very much. (applause) This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 26 Furnish: Um, I'm just going to touch on one thing cause I already sent you an email as public record, on my thoughts on this. Hayek: Could you give us your name first, please? Furnish: Sarah Furnish, uh, 936 Springridge. One thing that nobody has mentioned is that a lot of these homeless people who are panhandling are Vietnam vets. I think they've earned the right, and I think you should go up and shake their hand and say `thank you' and give `em a few bucks. That's really all I want to say because I, uh, submitted everything else. Thank you. Hayek: Thank you. (applause) Cummings: Hello. My name is Ansel Cummings, and I am not currently a resident of Iowa City, but I first came here ten years ago. I grew up in a small town in rural Iowa, and when I first came to Iowa City, I came downtown and I saw all these people who were freely expressing themselves through art, through the way that they were dressed, people were clean, people were not clean, but it was just such a different culture and such a different place that it... it opened me up, and I was very inspired by all of the artwork that I saw people, you know, with their music, with their juggling, with their performance, and that has inspired me to become, you know, more creative, uh, a better artist, and I...I think it's wonderful that people are able to come out into a public place and freely express themselves for money or not, but if they are doing it for money, I...I like being able to freely give them my appreciation. I like to be able to give them a few dollars and help them, you know, say I...I really like what you're doing and I want to support you, you know, monetarily so you can keep doing this, so you can do it better. There...there have been performance groups that I've seen who have come through downtown who were traveling across the country and they were dependent upon the money that they were making from their performance to carry on and share their inspiration with other people. And, it brought me so much joy knowing that I was personally contributing to them, getting to do what they love to do, and continue to inspire other people. Like it made me feel good being able to give them money, and even for people who are panhandling, as well. Their...the installment of the parking meters for the donations, I...I think that is a good thing, and it is going to good causes. I...I have personally seen people come up and put money into the meters and be very surprised like, oh! This is really neat, and they put money in, they're donating to a good cause, and I think that's great, but I've also experienced people who have hit...been hit by hard times, right away. You know, like something really shocking happened to them, and they needed the money right then because they were in a very bad place, and you know, they came and they asked me for money and I gave it to them. And then I saw them a few days later and they came up to me and just thanked me so profusely like, thank you for being...for giving that money to me. It helped me out through this situation, and it helped improve their life. And, for me to be able to...to give that to them, it helped me out as well. So, restricting people's This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 27 expression, restricting people from being able to seek help. I...I don't think that this is...it's not the Iowa City that I know. It's not the Iowa City that first drew me here. It's not the spirit of Iowa City that I know, and I...I really, really, really hope that this does not pass. Uh, it's...I don't think that this is the way to go about bringing more business downtown, um, the panhandlers though it may bring about an uncomfortable atmosphere for people, um, I've never been...I've never been threatened by it. But the things downtown that have threatened me have been during the nighttime with the...the drinking, the college students being so absurdly drunk and violent with one another, and just people who are walking by, like that's where the real violence, that's where the real aggression, that's where the real problems with downtown are. It's...it's with the bars, it's with the binge drinking, it's...it's not with...the...the people. You know? So...please, please, please, please, please, please don't pass this. Thank you for your time. (applause) Butler: Hi, my name is Matt Butler, uh, I've lived in Iowa City for almost 13 years and I accidentally drove through Iowa City as an impressionable college student in 1992, and...on my way to college in Cedar Rapids, and I made a wrong turn and I found myself driving through Iowa City and I saw the musicians and the funny looking people and all the activity and all the beautiful things happening in downtown, and I said, "That's where I want to live!" I don't want to live in Cedar Rapids anymore. I want to go to Iowa City because it's awesome, and I understand that you're trying to balance things out, and you're being fair, and I know that you all probably, exception of maybe one of you, woke up this morning knowing how you're going to vote on this, but I would just...ask you to please listen to all of these people. I don't...there's no one here wanting the ordinance, and I really feel, and a lot of people feel, that you're...representing avery small group of people in Iowa City and this crowd is coming to tell you that we want things, and I never thought I would be the one to be conservative and say, "I want things to stay the same," but here I am saying: I want Iowa City, downtown Iowa City, to stay the same, because it is full of life, it's full of activity, it is full of culture, whether that culture is those people are rich or poor, it doesn't matter! If I wanted just stores to shop at, I would have stayed in Cedar Rapids! Cedar Rapids has plenty of stores to shop in. That's...they're great for that, but you know what they don't have very much of? Are street musicians and interesting people downtown juggling and panhandling and writing poems. They go into the Public Library and they wrote a poem on the computer, and then they sell it to me for a dollar, and I have a book of poetry that I've collected from poets downtown, and to restrict that to the fire lane is absurd because yes, I know it seems that you're being fair and you're moving everything in orderly, but what's happening is you're sanitizing it, and you're eating the culture of Iowa City out from underneath of us, and...yeah, there's gonna still be things going on in the middle. You're going to have your guitar player with a case open down in the middle, but you're not creating a welcoming atmosphere for everybody. You are telling people that, no, you have to be a certain way in order to come downtown. That is the message you're sending. Whether you're doing that through your...your laws This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 28 or not, that is the message everybody is getting, and that's what we're all here to protest is we want Iowa City to be unlike all the other towns in Iowa, frankly! We can go anywhere for a sanitized, uh, storefront. We don't need any more of that. We want the culture that we've had, that thrives here, and I ... again, I know that you have all made your minds up, but:..as he just said, please...please just have a flash of insight and realize that you're doing more harm than good. I know...I'm not insulting you, but please just think and act from a conscience, and know that Iowa Citians are here for art and culture and activity and it's not just about... selling things. Thank you. (applause) Ross: Hi, I'm Brandon Ross and uh, most of the points have probably been made. Some of the key ones I would just say, you know, there are laws in place now. If somebody assaults me on the pedestrian mall, they are in violation of the law. No matter where they're standing. Whether they're five, uh, five feet or 20 feet or 40 feet away from the businesses. It's against the law. So if aggressive panhandling is assault, then I would say that we already have laws. And to, uh, to narrow, you know, to take away first amendment rights, to argue with the Constitution, in order to, uh, try to, well, the word has been `sanitize' or inhibit people I think is wrong. I think it does, uh, cut in to the personality of our... of our city, which is not that. It isn't Coralville. If you, uh, if the downtown pedestrian mall was the Coral Ridge Mall, well, there'd be no question. It's privately owned, and you can't play music there, and you can't (mumble) there. You can't raise money for cancer. You cannot sell Girl Scout cookies. You cannot, uh, do much of anything, uh, in that area that has to do with these things. I think that this is not that place, and I think that the pedestrian mall, that it's even called a mall is kind of funny (laughter) cause it doesn't seem like a mall to me, and I don't think it should. When I was a kid in Boston, which is a city over a million people, uh, one day I and my friends, uh, upstanding members of the community as you can well imagine, uh, actually we were teenagers, we were hanging around the trolley station and uh, I got on the trolley car...uh, but not in the door. I got on the back of the trolley, which was kind of a sport that, uh, kids played, especially, uh, you know, boys of teenage years, and I rode the trolley, free, on the back. It was illegal. Couple days later, uh, in my neighborhood, Officer Magilvey, uh, who was our police officer that we knew and liked to kid around and such and pretend we were doing things wrong came up to me and he says, "Come with me." And I said, "Where you taking me?" He says, "I saw you on the trolley car the other day. You're coming with me." I said, "What? You going to arrest me?" (laughter) You know, I laughed at him. He said, "No, I'm taking you home." I said, "What?" He says, "I'm taking you to your dad." See, Officer Magilvey knew my father, and so he took me home to my father, and that was the end of that. The point being is that the officer knew that his job was facilitating. All policemen's jobs are facilitating. Not to create a front of violence or a front of, uh, inhibition, or...to protect every law right down to its minimum. You know, so that it becomes ridiculous to live in a society, but to facilitate so that the society can...can live in a good way. So in that society that's imperfect, yeah, there're going to be kids jumping on the backs of trolleys, but you know what? They This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 29 didn't ban teenagers from trolley stops. They didn't stop running the trolley cars in Boston. They didn't do any of that stuff! He just took me home to my dad, and I think you've got a similar situation here. We live in a complex society. Yeah, Iowa City's not Boston. It's not San Francisco. It's not New York. It's not Caracas. It's not Bombay, cause if you and the Council were any of those places, you would see how ridiculous this law...if it becomes law, is! Because there really isn't much problem. My daughter is nine years old, and I take her everywhere, and those of you who I'm friends with, uh, even on the Council, uh, know that I'm with her a lot, and we go into lots of establishments downtown, and we go in the daytime, because I don't take my daughter at night during especially weekends when I do think it is problematic because people are drinking and/or harassing. I think this law does nothing It does no one any good. As I've talked with people, it's not popular. I even have spoken with an Iowa City policeman who said, not enforceable. That was off the record, but I'm telling you. I'm not telling you who the policeman is. So I think it's a bad thing. It's a bad, it's mean- spirited. It doesn't represent us. It's not good for the musicians. It's not good for people who are less privileged, uh, those of you who are on the Council, those of you watching, you know, you all have houses, you all...you all got jobs. Some of you got your educations paid for, and things like this. You know, this is just people who don't have those things, and you know what? That's what makes up the society. Not just the business owners, a few of which have...have bonded together to make this ordinance, but it's everybody, and if you can be for everybody, please reconsider your position, or at least postpone this to consider it a little bit longer. I think a few comments here have come up that I don't think it's well considered. I think it's too broad ranged. I don't think it's, uh, I don't even think it's enforceable. Thanks so much for your time! (applause) Steele: Uh, hi, my name is Matt Steele. I'm, uh, 30 years old. I live in Iowa City. I've been here for eight years, and just a short comment. Uh, I really feel like I could live anywhere I wanted to. I'm fortunate. I'm a young, white guy with a good UI education, and I could go anywhere, but I stay here, and it's because of the ped mall and all the people I can come across, and if it wasn't for the music, and if it wasn't for the people and the conversation, I just wouldn't be here. Thank you. Hayek: Thank you. (applause) Is there anyone else in the audience who would like to address us on this issue? Okay. Hearing none I'm going to close the public portion of this and open this up for the Council's, uh, discussion. Champion: Well, first of all I want to thank all of you for coming. And, um, my daughter and I own two successful businesses downtown, um, the panhandlers have not hurt our business. I thought this was a really good law, um, I just supported the first reading, but you may have change my mind, and I'll tell you why (applause) somebody said...we're going to outlaw the music, and you're all too young to remember who was a writer in the Writers' Workshop here, who autographed a book to me once that said, "Connie, they're going to outlaw spaghetti and meatballs," and I thought, "Is that what we're doing up here?" Are This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 30 we starting to outlaw spaghetti and meatballs? Uh...(applause) um...I mean, this is what public input is about, cause you have changed my mind. I don't want to kill the music, and I don't want to get rid of spaghetti and meatballs. I love it! So, um, I would like to either just vote no on this, or defer it till we have more time to think about it. This has been a very positive evening, and thank you very much for coming! (applause) Hayek: Who else? Wright: I like spaghetti and meatballs. Champion: I know! I do too! Wright: I don't like this ordinance. I don't think that's news to anybody (applause). It is...I'm convinced it's a solution that's roaming around searching for a problem. Couple of things I thought about as we were listening to folks this evening, have we had anybody come to a Council meeting to speak in favor of this ordinance? can't remember anybody. (unable to hear person away from mic) And, has...have we gotten any letters in favor of this ordinance? Bailey: We have tonight. Wright: One? Two? Three? Wilburn: I'm sorry, Mr. Mayor, I respect everyone's participation and appreciation, but there are times when, um, like tonight, the folks who are, uh, on one side of this show up and uh, those who don't show at the meeting remain silent, sometimes in the audience, but um, this is going to, um, impair our ability and (mumbled) to some potentially disrespectful interactions. I would respectfully ask folks, um, we listened to you. I would just ask that you listen to the dialogue. So... Hayek: You were saying... Wright: We've gotten some letters this evening. I haven't even had a chance to look at them. Bailey: Right. We just got one tonight. I just noticed it, yeah. Wright: Okay. That doesn't show a ground swell of public support for this. I haven't talked to anybody who favors this ordinance. I've certainly talked to a lot of people who don't. Um, and I, you know, I've said this before, I think this is targeting poor people. It's targeting people who don't represent a very powerful voting bloc. Uh, it targets folks' civil rights...to a point. I think we've probably pushed this in terms of first amendment freedoms as far as we could without getting in legal trouble. Um... somebody pointed out they thought this was an attempt to sanitize the downtown. I agree with that. I think it's an attempt This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 31 to ... sweep a lot of things under the rug that we' d really rather not deal with, to use somebody else's phrase. Uh, we have the unintended consequences, probably they have some effect on music downtown. I think everybody enjoys that. And of course the ped mall is a place to loiter. That's the whole purpose of the ped mall is to go and hang around. Uh, some people will go and hang around and they might ask for money. If you don't want to give it to them, that's fine. But I really support their right to do that in as unfettered a manner as we can possibly get away with. Uh...I...I've spoken against this before, and I've used the terms...I'll use them one last time tonight. I still think this is a very small-minded and mean-spirited ordinance, and...there's no way in the world I could ever support it. (applause) Champion: I do support the parking meters though. Wright: That's fine. Hayek: They're there now. Yeah. I, uh, I...I very much appreciate the comments tonight. I've been on the Council for two and a half years, and the comments tonight are among the most eloquent I have heard in my time on Council. Um, I've expressed my views on this issue in...in the first two, during the first two readings. I'm not going to go over all of them, uh, but uh, especially because of my legal training, I...I take first amendment issues very seriously. Um, I think our Constitution and the way it's been interpreted for the most part are among the most important documents, uh, ever generated by modern society. Um, but...but I think this ordinance, uh, is a... is a reasonable one. Um, a lot of, uh, anecdotes have been raised in terms of...of activity on the pedestrian mall. And whether this ordinance, um, eliminates the opportunity for that activity. It does not eliminate the opportunity for that activity. It says that it cannot occur on every square inch of the pedestrian mall, and that's important to me, because if it went beyond that, if it completely eliminated an activity, um, such as what we're talking about tonight, I would not be able to support it, but because it balances that interest with the interest of...of patrons who come downtown, that's why I'm, uh, willing to support it, and I'm okay with it. Uh, we're not going to agree, those of you who have...who came here tonight to protest this. We're not going agree on that, um, I hope you respect my opinion. I...I respect yours, and again, your comments are among the...the best we're received in my time on Council. I just want you to know that. Dickens: I will be voting tonight. I have had enough people come up to me, stop me on the streets, talk to me wherever I've gone that are in support of this. Uh, our City Attorney says there is not a conflict of interest for me. Everybody thinks there is because I'm right downtown, but I am affected by it also. Most of the people that I've talked to are not customers. They're people that like to come downtown, that do not want to come downtown or will not come downtown because they feel their rights have been violated because they cannot walk down the streets. And just enjoy the downtown without being hassled. And so...the fact that there This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 32 hasn't been anybody charged, I could have called three...weeks when we had the last, uh, Council meeting. I had an aggressive panhandler who would not quit, and I told him to walk down to the Police Station with me. He chose not to. I could have got my cell phone out, called...we could have had our first arrest, but I chose not to. I tried to explain to him that this was not proper behavior. He finally did back down. So, I will be voting tonight on this, and I...I have to do what I feel is right. Hayek: Any further discussion? Bailey: I think I've talked about my support of this, um, in previous meetings. It's...it's a balance, and it's interesting to me to hear, um, just this one group might talk about the difficulty they have with another. I heard some of the same things tonight about businesses, and I thought that was rather disturbing, as well. We have a unique downtown, and I don't...I don't disagree with any of the comments about that, but part of the uniqueness does come from the business community downtown. It's not just the people on the City Plaza. It's the businesses and the wonderful mix. You may disagree with me, but I would put Prairie Lights up against anywhere. I would put the ped mall, businesses, our cafes, up against anywhere. It's a combination, and so we have to seek balance, and this for me does it. It doesn't eliminate. The word eliminate was thrown around so much tonight erroneously. It doesn't eliminate these activities. It does restrict and limit them. Just as people are restricted and limited in many other ways in our community. It may frustrate you to hear that, but that's what I feel, and I agree with Terry: I've got to do what I think is right for the community as a whole, not just one group who chooses to come to a Council meeting, but both groups that represent our downtown and the very important alchemy that gives us uniqueness in Iowa City. So I will be continuing to support this. Wilburn: And I'll say (mumbled) the last couple meetings I've supported this. I will, uh, continue to do that. Again, um, I appreciate all of your voices, um, you're not hearing some voices that...that (noise on mic) um, over the past several years related to this particular issue. One of the, ideally, and it was pointed out, when we're talking about trying to balance people's rights and freedoms, ideally they can work them out on their own, uh, or some informal things can...can come up. I recall another issue, another freedom, a freedom of speech came up in the community, um, and it was not a area that I supported. There was a, um, young college Republican that wanted to play a game of capture the illegal alien in town, and um, as you can imagine, especially in Iowa City, there was a large group that, uh, was speaking against that. Some of them wanted that activity to be banned, um, this individual and several talked about free speech, and what happens to free speech when it's something that you don't like. Um...and informally, I worked with a prominent Republican in town to talk to this young man, to ask him to express his free speech in another way. And, that effort combined with some of the local college Democrats succeeded in them choosing an alternative format. Unfortunately, those types of informal efforts, um, are not always successful. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 33 And, uh, there are times when, um, on the federal or state level, where people are somewhat removed, uh, decision makers and advocates are somewhat removed from the issue, um, can stick to, uh, the one principle that they are fervently supporting. When it comes to the local level, there are times when we can't walk away from that issue, and this is something that again has....has, uh, returned and come back. Um...so it's...it's a moment where it is trying to balance those interests. It does not eliminate music...on the, uh, pedestrian mall. Uh, there's some concerns that some of us have addressed in trying to not go too far in terms of those free speech rights, uh, you know, several times there's been requests to, um, ban it from the...ban panhandling from the community. And, some of us have resisted those efforts. There have been, um, whether that be, uh, you know, on some of the streets, uh, some of the public right-of--ways in other parts of town, and um, there was even a request by some of the community members to, uh, just don't do our group. Don't eliminate our group, which gets into that concern, um, related to, um...segregating out one portion of the community versus...versus the other, in terms of rights. Um... so I will continue to go and... go ahead and support this, and um, with some of the, uh, balancing factors, with the fact that it still allows, um, panhandling to occur in the ped mall, and with some of the support that will go towards some of the agencies that are doing outreach to do some more systemic approaches towards addressing poverty and homelessness, um, in the community. Hayek: Okay. Mims: I'll...pipe in before you continue, Matt. Um...I think this is a real challenge, and...and I would...I would echo what the other Council Members have said in terms of the comments, um, that have been made here tonight and to thank everybody for your time and your thoughtfulness and coming to address us. Uh, I think you made some very powerful statements. Um, I...I really, after listening to you tonight, I...I really could almost...I could...I could probably sit here and vote either way. Okay? And I think though that I will come down on the side of supporting it, and yet with...I will say with hesitation, um, the fact that we have had an ordinance in place that, um, has basically has not been enforced or has had no arrests associated with it, um, you know, why haven't we necessarily fully used that, before we are doing something else. Um, the idea though of trying to strike a balance here, and I do think you have to accept the fact that there are other points of view, there are other people who have come forward who do not share your point of view, and as people up here have said, you know we have heard from those. They haven't necessarily shown up here, but we have met people on the street, they've called, whatever, and again, I'm concerned about some of the erroneous statements that were...that were made tonight in that, uh, misconception that people may have on this ordinance. This is not banning music downtown. It's not banning break dancers who want to perform downtown. Um, I would have to believe, and I'd have to go back and re-read the ordinance, that if there are two or three or four musicians who are playing together in one group they don't need to each be 15-feet apart. Um, and so I'm concerned that This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 34 you... you go back and make sure you have a proper understanding, um, and interpretation of what this ordinance will in fact do. And, again, I think, um, as other Members of the Council have stated, it is an attempt, um, to balance various interests and opinions within this community, um, without trampling all over first amendment rights, and I...I think we have tried to do that, and I will support it. Wilburn: I will say, uh, you know, we've been informed, um, I think individually that there are certain groups that are, if this passes, that are going to challenge that. Somebody brought up (mumbled) their first amendment freedom of speech rights, and I ...you know, we fully, um, expect that, uh, I, uh, thank you for your listening, uh, (mumbled) and again, several people have spoken very eloquently, and this is one of those challenging questions (mumbled) as Susan's pointed out. Hayek: Anything else on Council? Roll call, oh, Mike? Roll call, please. Item passes 5- 2, Champion and Wright in the negative. We are going to take afive-minute break. Resume as close to 8:50 as we can. (BREAK) This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, ZO10. Page 35 ITEM 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN MOSS GREEN DEVELOPMENT CORPORATION AND THE CITY OF IOWA CITY FOR THE DEVELOPMENT OF MOSS GREEN URBAN VILLAGE. Bailey: Move to deferral (both talking) Champion: ...defer to the 15tH Bailey: Second. Hayek: Uh, moved by Champion to defer until June 15, seconded by Bailey. Discussion? Champion: We might want to tell the public why we're deferring this, that there is a possible wetlands in the area that will be developed. Isn't that true? Hayek: True, uh... Wright: And we need to hear the report from the Corps of Engineers. Hayek: There's a wetlands delineation report that, uh, triggers some activity on the part of the Corps of Engineers, and that's why we need to push this back a couple of weeks. Further discussion? All those in favor of deferral say aye. Opposed say nay. Motion carries 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 36 ITEM 14. CONSIDER A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA'S SCULPTOR'S SHOWCASE. Hayek: Uh, a contract has been negotiated between, uh, Bounnak Thammavong, the artist from Iowa City, to display his sculpture "Seed" on the showcase for a period of one year, from June 2°d of this year until May 31 of next year, and the artist receives a small honorarium. Bailey: Move, uh, move adoption of the resolution. Wilburn: Second. Hayek: Moved by Bailey, seconded by Wilburn. Discussion? Champion: I'm happy to see this. Wright: Looks like a beautiful sculpture (several talking) Hayek: Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 37 ITEM 15. CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. Bailey: Move consideration of the resolution. Wilburn: Second. Hayek: Moved by Bailey, seconded by Wilburn. Discussion? I know we've got, uh, someone from the Neighborhood Council to talk to us. Wright: Somebody who's been very patient this evening. (laughter) Roberts: It's getting close to my bed time (laughter) Bailey: All of our bed times! Roberts: And we will all make our comments very brief. You have the complete details in your (coughing, unable to hear) packet, um, good evening, Mayor Hayek and City Council Members. I'm Cindy Roberts from the Grant Wood Neighborhood Association. On behalf of the Neighborhood Council of Iowa City, thank you for your time tonight. We're pleased to present our grants as part of the program for improving neighborhoods, better known as PIN grants. The Neighborhood Council is composed of residents from a variety of neighborhoods in Iowa City, and meet regularly to discuss common issues and ideas to support our neighborhoods in a variety of ways. The PIN grant program is now in its 15`n year. There has been $14,850 appropriated by the City Council for neighborhood improvement projects. We so appreciate your support, your continued financial support in this area, especially in these economic times. These projects often times serve low and moderate income households, and include an extensive amount of volunteer effort to implement. The neighborhood representatives here this evening have come up with ideas, submitted a grant request in the standard form, reviewed and ranked each request at two follow up Neighborhood Council meetings, according to specific criteria. And as I mentioned, there are additional details in your information packet. This year we had more than, um...more than 14, the $14,850 requests, um, but some neighborhoods agreed to reduce their requests to ensure funding for everyone. PIN grants foster that type of atmosphere and cooperation and sharing, which is so appreciated. We're pleased to present a wide variety of grants for the 2000, uh, 2011 fiscal year, and the first grant request is from the Northside Neighborhood. Thank you. Litton: Um, good evening, Council. My name is Andy Litton. I live at 331 N. Van Buren Street. Um, I'm with the Northside Neighborhood Association. Uh, what we would like to do with our PIN grant would be a rededication or re-grand opening of the North Market Square Park, which is going to be going under, um, This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 38 extensive renovations this summer. Um, so we're shooting for a date of this party of somewhere around September of 010. Um, entertainment will be provided by a northside resident, Dave Moore, uh, ribbon cutting by Mayor Hayek, hopefully (laughter) um, hopefully many of the Council Members will be there. Um, should be good fun. Everything will be free, face painting, games, basketball, etc. Um...and no cost to anybody. Uh, we ask for $500 with the PIN grant, which, um, the Northside Neighborhood Association will be matching. So... Hayek: Thank you. Litton: That's it! Hayek: Any questions? Thanks...for your time! Kardos: Good evening. My name is Jennifer Kardos. I live at 1503 Glendale Road, and I am happy to present the, um, sidewalk repair PIN grant on behalf of, um, the Morningside-Glendale Neighborhood Association, and the College Green Neighborhood Association. Um, the primary purpose of this grant is to provide valuable financial support to homeowners, significantly financially impacted by the results of the City's sidewalk inspection program. So, this is the neighborhoods in Iowa City that are being inspected this year, um, to ensure the sidewalks are safe. Um, specifically the grant targets lower income, um, to moderate income households, um, the greater the need kind of greater the financial assistance. They go through, the details are in the packet, but they have to go through an application process and we have a committee that reviews the applications and, um, it's for owner-occupied housing only. So, even College Green has a lot of rental houses, but they would not qualify unless, um, cause it has to be owner-occupied, and...so this type of support has been part of the PIN grant package presented by the Neighborhood Council and...and some recent years, and our experience in implementing this type of support with other neighborhoods recently inspected is that, um, the grant serves as a community builder, um, in...and provides a much needed resource for people who just find themselves in a difficult financial situation to pay for the sidewalk, um, each square costs about a hundred dollars to...to replace. Um, if they need repairs. I can speak personally to this, um, when I was involved with a similar grant a couple years ago that covered the other half of the Morningdale-Glendale Neighborhood, um, we had many grateful low-income homeowners from a variety of backgrounds, including, um, retired people, widows, folks struggling with health problems, and small business owners, um, who felt great relief that there was this support, um, it also seems that the City department overseeing this repair program appreciates beings able to direct inquires from people who...who have, um, difficult situations, to this resource, um, another important scope of this grant is it, um, includes a provision for securing a group rate with a contractor, so um, even more people benefit, um, from the grant than just the people applying. In fact, the largest number of people benefit from being able to, um, be part of the group rate to...to come through and replace the sidewalks in our neighborhood at This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 39 a discounted rate. Let's see...um, and I guess another benefit we found is people just really feel that their Neighborhood Association is helping them out. People are impacted from this type of project that may not be impacted...there may be people who don't come to park parties or, um, appreciate new playground equipment, but it's something that can touch the whole neighborhood. That's...that's it. Any questions? Hayek: Thank you. Thanks for being here tonight. Knudson: Hi, I'm Mary Knudson. I'm from the Miller-Orchard Neighborhood Association. And, I first want to thank the City Council for past support, um, in PIN grants in the past years. Uh, last year we received a PIN grant for beautification of Benton Street, and we're in the process of putting those plants in for the money that we got. We also last year had put together a neighborhood plan, and this is what we did last year, and what we're doing this year, in keeping with that to improve a neighborhood that has a large percentage of low to moderate income people there, people who would not be able to do this on their own, but really desire to have a higher quality neighborhood. One of the items that we're doing that's not with the PIN grant is we're working with First Mennonite Church to put a community garden in, and that has been tilled and the gardens are going to be put in, um, very shortly. The PIN grant I'm asking for on behalf of Mona is asking for $2,000 to work with, um, Stan Laverman's group on reclaiming roots, and... in September we want to have a weekend where we are working with the entire neighborhood to paint houses, to prune trees, to fix homes that people otherwise would not be able to fix, but to improve the neighborhood and have...take some pride back within our neighborhood there, and so $2,000 is for equipment rental, for materials that we need for improvement, um, for disposal of things that we need disposed, um, and as well as for some food. So $2,000 is really a pretty good rate considering all that we're getting. Stan is going to bring in a whole team from the Army, um, AmeriCorps and so we'll have tens and tens of people, um, volunteering to help along with us. Part of the agreement is that we're in there helping along with them, as well. So, um, I...I thank you for consideration of our application, and if you have any questions, uh, I'll be happy to answer them, or try to. Thank you. Hayek: Thanks...very much. Roberts: I'm back. The Grant Wood Neighborhood Association has three grant requests, and I'll make brief comments on each one. I want to extend a sincere appreciation from the Association for the support that you have provided the Grant Wood Neighborhood in the past. It has been so helpful and so needed in...in the types of activities that we like to plan in our neighborhood. We do try and plan things that support not only families with young children, but also try and support really a wide cross section in our neighborhood because we have such a... such a wide variety of residents in the Grant Wood Neighborhood. One of the things that we do try and do is offer workshops throughout the year, and that is This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 40 our first grant request. Workshops, for example, four from this past year that we had done, Master Gardner workshop, an interior painting workshop that Ace Hardware put on, uh, the annual...the annual pet-care fair which is a particular, uh, popular one really for all ages, not just young children, and then the family...family fun and fitness day, which we do hope to repeat. We do (noise on mic) workshops each year, not necessarily to (noise on mic) same ones; however, we look at each one to see how successful that is and if there are other ideas out there that we want to support. Our next grant is...is a new item for our neighborhood, and that's our roller skating nights at Grant Wood Gym. We have the roller skates. We put in a substantial grant request for $2,000 for the purpose of staffing. One of the things we want to make...to actually begin in early July is to start out with weekly...one weekly skate night. I think we're planning Friday, is that right, Marcia? Friday night, uh, and then during the school year, we want to at least twice a month have a skate night, which would be geared towards, uh, young children, as well as teenagers and...and families with their children. However, we want to ensure adequate supervision. So our grant for the skate night is to work with the Iowa City Rec Center to have hired supervisors there just to make sure that we have enough adults on hand to...to work with whether it's young children and uh, because sometimes we may not have the number of parents that we need there, so we're...we're trying to take care of that need. And our third grant is for our ever-so-popular harvest party that we do each October. This is really one of the...one of the most popular events that we've done for several years. We provide, uh, a very simple meal for families that come, and then it is, though we don't, uh, tout it as Halloween, kids can come with their costumes, whatever they are, and there are games and raffles and um... see, oh, and door prizes so the money for that goes towards the food for the meal and also the prizes and raffles that we do. Um...that is it. Questions? Hayek: Cindy, I just had one question. Roberts: Yes. Hayek: The Harvest Party request was $750, and the recommended number if 950. Roberts: Oh! Hayek: I don't know if something changed or the type of (both talking) Roberts: Thank you for reminding me! Uh, well, and actually thank you to the Northside. They actually reduced their request to, in order for us to put in our request, for the Harvest Party, and that's where that, um, difference came from. So thank you very much! Any other questions? Thank you. Hayek: Thank you. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 41 Bollinger: I'm Marcia Bollinger. I'm Neighborhood Services Coordinator for the City, and I wanted to take the opportunity to introduce this grant application, cause it's a little bit different than what you usually see. Um, this application is coming from the Neighborhood Council, not a specific neighborhood association. And the main reason is is we feel like this particular project is something that will benefit the entire community, and um, all the neighborhoods agreed that as Neighborhood Council they would apply for these funds. I'm going to introduce Roger Lusala, the Executive Director, Mayor's Youth Empowerment Program, and he's going to...describe the program! Lusala: Yes, uh, thank you, uh, Council. My name is Roger Lusala. I'm the Executive Director for MYEP, and uh, this grant application was for our FasSnack Program, which is a managed, organized implementing youth entrepreneur program. Uh, we work with all the neighborhood centers, all the neighborhood associations, uh, this grant was to purchase, uh, supply and equipment for our mobile unit, which the youth, they go from neighborhood to neighborhood, park to park, to sell snack and uh, we wanted to buy some more supplies so we can participate in the Jazz Fest, uh, such as (mumbled) machine and ice shaving machine, and a popcorn machine, so that's why we introduced this grant. So, (mumbled) they go to those neighborhood (mumbled) they're not just going to sell snacks. They also volunteer. That's part of the...the program so they paint, uh, fences, mailboxes, when they selling the snacks, so that's part of this grant. Hayek: Questions? Thank you, and welcome! Lusala: Thank you. Roberts: See how quickly we're doing this tonight? Thank you again for listening to our PIN grants. These grants represent ideas that neighbors have for improving their neighborhoods, based upon input that we get from our neighborhood. (mumbled) cost-effective, uh, use of funds for both the City and the neighborhoods, and we make use of other resources, such as our volunteer hours, labor hours, equipment, and then the knowledge that we currently have. We hope you will continue supporting PIN grant funding as it's made so many worthwhile projects actually happen that ordinarily would not happen. We're asking that you authorize the resolution approving the recommendation made by the Neighborhood Council for the fiscal year of 2011. Thank you very much for helping us make a difference! And I just have one favor. Next year when we do this, could we get a higher number on the agenda? (laughter) Thank you. Bailey: You mean a lower number (laughter and several talking) Hayek: Discussion on the Council level? Wright: I just want to...give my thanks to all the...the folks in the neighborhood as they come up with the PIN grants. I know that process intimately from quite a few This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 42 years involvement on the Neighborhood Association level and it's, uh, it's always a really...good, um, essentially a sharing and a certain amount of horse-trading that goes on during the PIN grant process, and the results are always terrific! Bailey: Yeah, I think this yields really good product, but the process is so important. 1 think it's, um, the best $15,000 that we spend as a city. It brings people together talking about what's needed in the neighborhoods, and it results in that sharing and trading back and forth, and we get great outcomes from it. So...I...I always look forward to this part of, um, our meetings. Champion: It amazes me how such a small amount of money by government standards can get so much done (mumbled) Hayek: This is, uh, community organizing at its finest. It's one of the things we enjoy, uh, being a part of as a Council, and it occurred to me that, um, our relationship with the neighborhood associations is kind of like an hourglass and it's in these meetings when we intersect with all the work you do, but on the other side of that intersection is a lot of work done by many people who care about their neighborhoods and about the community, and we appreciate that work, because that's what, uh, makes these neighborhood associations so effective. So...anything else? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 43 ITEM 20. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND NEW PIONEERS COOPERATIVE SOCIETY FOR A PORTION OF VAN BUREN STREET IN IOWA CITY, IOWA. Hayek: And this has to do with, uh, erection of a flood protection wall within the public right-of--way on Van Buren to protect the Co-op in the event of a flood. Champion: Move the resolution. Bailey: Second. Hayek: Moved by Champion, seconded by Bailey. Discussion? Wright: I just have a quick question on this one for...somebody! Um, how will these anchors be in the sidewalk? Are they going to be below the grade of the sidewalk so they're not going to create any trip hazards? You might want to come to the microphone. Hayek: (both talking) have to come up! And let the public know who you are! (laughter) Thrasher: I'm Jason Thrasher, the store manager of the New Pioneer Co-op. Um, the anchors are in-set into the sidewalk, and there is a small cap that protrudes about a sixteenth of an inch from the surface of the sidewalk, but I don't believe it really represents a trip hazard. Wright: Thank you! I just had a hard time envisioning that from the plans we had. Hayek: Any other discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 44 ITEM 21. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 201 FERSON AVENUE, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Champion: Move the resolution. Bailey: Second. Hayek: Moved by Champion, seconded by Bailey. Discussion? Hello, Jann. Ream: My name is Jann Ream, and I'm representing City staff from Housing and Inspection Services. And, um, what I'm going to be doing tonight is giving the City Clerk a packet of supporting materials, um, that support basically the resolution. It's important that, um, these, um, points of the resolution are put into public record, which is what I'm here for. So, I know it's late. I know, um, probably...I'll try and go through it as quickly as I can. Um, but basically with 201 Ferson, um, it is a property owned by, um, a resident and his ex-wife here in town, uh, Barry Matsumoto and his wife Bessie. Um, we started receiving complaints on the property a couple of years ago, and, um, I have been trying to work with Mr. Matsumoto in bringing the property up to habitable standards. The property has been vacant, um, at least since 2005. That's when the water was turned off. We were first brought, or it was first brought to our attention the condition of the roof, uh, it was obvious that animals were getting into the house. It was obvious that, uh, water was leaking in, um, general exterior was very poor, um, unpainted, rotting wood, um, no response to our Notice of Violation, um, sent a second Notice of Violation. I got a very short email from the owner, um, really not giving any indication that work was going to be repaired. We kept getting complaints, um, I asked the owner to register the property as a vacant building, hoping we could get more, uh, compliance that way. Uh, nothing happened. We issued two sets of citations, um, the owner went to court, pled guilty. Asked the judge for more time, uh, the judge gave him more time. At the end of that time still nothing was done. Issued two more municipal infractions. Um, again, nothing was being done. So, I went back to court. We asked for a search warrant based on, um, the large hole in the roof. We were, uh, given, um, an actual search warrant. City staff went in, and we brought a structural engineer with us, and the engineer's report will be part of this packet, as well. Um, there will also be photos that demonstrate the condition of the property, uh, holes in the roof, ceilings coming down, um, the structural engineer found a significant defect with the garage actually pulling away from the house. Um, we...have, um, been able to serve, um, Barry Matsumoto both with notice of our proposed actions, um, for his wife Bessie we have not...we believe she lives in California. We have not been able to find her in person. The judge gave permission for, um, notice to be published, which we have done. And, um, because it's been demonstrated that the owner, um, really has no...he hasn't demonstrated that he's willing to do This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 45 anything to repair the property. That's why we're here. So, um, we are asking, uh, your...um, approval to go forward with the condemnation process, and then I would like to take the supporting materials and give them to the City Clerk... so that it's all in the public record. Dickens: Are there any liens against the...the house? Bank liens or...tax? Ream: Not that we've been able to see, no. Hayek: Any other questions on this to Jann? Dilkes: Although we've not yet of course done a full abstract examination. Helling: Just...this is the property that would be sold for rehabilitation. Is that correct (mumbled) Ream: That would be our...our hope, yes, right. It is salvageable at this point, but not much longer. Hayek: Okay. Nerper: Good evening, my name's David Nerper. I live at 209 Ferson Street, which is basically right behind Barry Matsumoto's house, and uh, I was invited into the house about two weeks ago, uh, to give an inspection to a supposedly family friend of Mr. Matsumoto, uh, they wanted my opinion...I'm aowner-builder, um, as to whether the house was salvageable, and it is, uh, I think the house is salvageable, but if you enter the house, it's filled with animal feces, um, there's trash everywhere. It's kind of like a scene from, you know, something you'd see on the nightly news, uh, and this is in a neighborhood...our street has 23 children on it. Uh, the doors are left open. The house is accessible to children. Uh, the roof has large holes in it. Uh, and I would just advocate that you move as quickly as possible, um, and I'd like to thank Jann because she's done an enormous amount of work, uh, on the neighborhood's behalf to try to move forward with this, and you know, I'd appreciate it if you guys could support that. Thank you. Hayek: Thanks for your comments. Further discussion on Council level? Okay, roll call, please. Item passes 7-0. Karr: Motion to accept correspondence. Wilburn: So moved. Wright: Second. Hayek: Moved by Wilburn, seconded by Wright. Discussion? All those in favor say aye. Opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 46 Champion: Can we board up those doors so kids can't get in that house? Ream: Well, that was, um, my purpose in trying to get the house registered as vacant. That would have been, um, one of the first things we would have done, but it is private property and...we really have no rights to go on the property and do that. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 47 ITEM 22. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 1443 PRAIRIE DU CHIEN ROAD, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Bailey: Move adoption of the resolution. Dickens: Second. Hayek: Moved by Bailey, seconded by Dickens. Discussion? Ream: Same thing. We gotta put some items into public record, and um, again, there will also be a packet that I will give to Council. Um, this property has been on the City radar for many, many years. It's, um, been a nuisance property in terms of junk and old cars and, um, various things. When the owner went into a nursing home, the deterioration started to go downhill very quickly, um...we...um, over the years we've had to have the sidewalks shoveled, the grass mowed, um, but then in, um, 2008, uh, the junk that had accumula...accumulated on the property got to a point where, um, we did issue the owner a citation, and um, went to court and got a court order that allowed us to clean up the property. Um, truckload after truckload after...of junk. We, um, removed two (mumbled) vehicles from the property. Uh, at this point the owner was in a nursing home. Um, then in...um, February of 2009 we received word that water was running from the house into the street. Uh, a pipe had broken in the house. By the time, um, the City was able to turn the water off at the stop box, um, the bill that month was over a thousand dollars for the water bill. Um, so we knew a considerable amount of... of water had gone into the house. Um, because of this, and because we knew it was vacant, and we knew it was, um, continuing to deteriorate, again, we went to court to get a search warrant to find out the condition of the house on the inside. Um, there are photos that we are including with this packet that shows, um, that the owner of the house, um, was a hoarder, um, and that the house is packed full to the ceiling with items. We were only able to access, uh, through a narrow path through the living room, dining room, into the kitchen. All other areas of the house were totally inaccessible. We could open the garage door, we couldn't go into the garage cause it was packed so full of things. Um, the house smelled of mold, um, the floor...as you were walking on it, was very soft and squishy. It is a health hazard. It is a tremendous fire load. So it is a, um, danger to other properties in the neighborhood. The complication in this issue is that the owner has since, uh, died. He died Apri124`", and there is no will. He does have children who have indicated to us that they want nothing to do with the property. They hadn't spoken to their father in over 20 years. Um, in fact, his ashes are still at the funeral home. Uh, none of the children want them. Nobody will pay for his funeral. So it was a very sad situation, but...uh, the City is in a position with this house, in a neighborhood, and it, uh, desperately needs to be remedied. So, This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 48 again...I'm going to submit a packet (away from mic) and do you have any questions? Hayek: Any further discussion on this? Bailey: Thank you, Jann! Dilkes: We made Jann do that. (laughter) Bailey: Well, it's the other stuff I'm thanking her (laughter and several talking) Dilkes: ...Supreme Court, so we're (mumbled) to be thorough. Bailey: Those inspections can't be easy, so, thank you! Hayek: Roll call, please. Item passes 7-0. Karr: Motion to accept correspondence. Wilburn: Second, or uh (laughter and several talking) So moved! Wright: Second. Hayek: Moved by Wilburn, seconded by Wright, uh, to accept correspondence. Discussion? All those in favor say aye. Opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 49 ITEM 26. CITY COUNCIL INFORMATION. Hayek: Anybody? Dickens: Nothing. Bailey: I... are we not going in order? (laughter) Hayek: Uh, we'll start with Mr. Dickens. Dickens: Nothing! Bailey: Nothing? I...I do have some things I was going to mention at the work session. Um, I think downtown is looking great for Arts Fest. I've heard so many compliments on our landscape roses. I think those are a great idea. There are a few things I've noticed. There is one literary walk plague by the Library that continues to be missing. I was wondering if...if that's going to be replaced, or jut fill in that part of the sidewalk? Fosse: I'll check with the Library. I think they're working on that one. Bailey: Okay. It would be nice to have it in place by this weekend, but I think that that's a little ambitious now, and then there are a lot of, um, I don't know what they're technically called, tree holes on Linn Street, um, grates...empty grates and are we going to plant there, or have we just given up all hope of green...on that portion? It's north of the Library on the east side. Helling: We'll check. I'm assuming that we are going to plant. I'm guessing those are some of the, um, I believe they were ash trees. Bailey: Okay, okay. Helling: I'm not sure, but there were some trees that we had to take out and... Bailey: Okay. Well, if we could put roses there, I think that would be nice, I mean, because those are looking really great! And then, um, I wanted to remind people of Arts Fest this weekend, and I think a lot of us are looking forward to it. It should be a fabulous weekend in downtown Iowa City, as it always is, but even more fabulous this weekend! Wilburn: Second! Hayek: Um, well, I'll go next. Um...the, uh, Memorial Day festivities at, uh, at the cemetery were, uh, well attended and well organized, uh, thank you to Parks and Rec for working so well with the groups. Thank you to the Military Affairs This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010. Page 50 Commission and the other groups that were involved, and thank you to the Northwest Junior High band, uh, which has for many years played at this event and did a great job. Wright: And, in addition to the, uh, Arts Fest this weekend, which actually is my very favorite, I call it my `favorite holiday of the year,' uh, we also have, uh, the ICARE pancake breakfast Sunday morning, I think starting at 7:00 A.M., running until, uh, lunch time in the Chauncey Swan Ramp. It's, uh, money for a worthy cause, and a very good meal! Champion: It's delicious! Mims: Nothing! This represents only a reasonably accurate transcription of the regular formal Iowa City City Council meeting of June 1, 2010.