HomeMy WebLinkAbout2010-01-12 TranscriptionPage 1
ITEM 2. PROCLAMATION.
a. Martin Luther King, Jr. Day -January 18, 2010
Hayek: (reads proclamation)
Karr: Here to accept are Human Rights Commission Members Wangui Gathua and
Dianne Day. (applause)
Gathua: Would like to say a few words...on behalf of the Iowa City...City of Iowa Human
Rights Commissioners, we accept the proclamation, and Dr. Martin Luther King
in his strive for equality and social justice, he used non-violence and giving
service, and on behalf of the Human Rights Commission, we would like to
encourage everybody to give service, especially on January 18, and if you visit
our web site, that is www.icg_ov.o~/humanri~hts, you would get more
information on some of the services that the Human Rights Commission is
working on...on January 20 we have an event in the Library in the Public Library
meeting room A, and we also have another event on Thursday, January 21st. So
if you visit our web site, again, www.icgov.or~/humanrights. Thank you.
Day: If I could add one thing, the, um, meeting at the Senior Center is Martin Luther
King's theologian that we were able to bring in to Iowa City for that day, so he
will also be, uh, visiting a few other places, both on campus and um, on the radio,
so might want to take note of that.
Hayek: Thank you.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 2
ITEM 3. RICHARD W. "DICK" LEE AWARD.
Hayek: Would Officer Dennis Kelly and his family please approach. (reads statement)
Karr: And here to present, uh, with...with Mayor Hayek is Officer Dennis Kelly and
members of Richard "Dick" Lee's family, son Rick, and daughters Kelly and
Terry.
Hayek: (reads award) Congratulations! (applause)
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 3
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
Mims: Second.
Hayek: Moved by Champion, seconded by Mims. Discussion?
German: (unable to hear) Can you hear me? (laughter) Okay, for those of you who don't
know me, my name is Heather German, um, for those of you who remember, the
previous owner Los Cocos Incorporated. I'm here tonight because my husband,
um, Oscar German has applied for a liquor license, um, and...since he is open as a
sole proprietorship, my name would also be included. Um, so I wanted to bring
up the discussion, uh, there's...there's two issues, um, of...from myself, two
judgments that, um, would cause the Police, um, to, uh, ask for a denial, and I
would just like the opportunity to explain what those are, what they came from,
um...the first one, which was actually, um, our dog had gotten out one day.
Charges were dropped, um, there was a fee I had paid; however, I had overlooked
a court cost, um, so that...the one minimal has already been taken care of, and
I... and I brought that if you wanted to see it. The second actually was, um, debt
that was accumulated by our previous business, uh, Los Cocos. It is something
that I do have an agreement set up with the...the credit card company, so
payments to be made to them, um, I just wanted to be sure you knew that wasn't
just something that we were ignoring or not paying or, um, you know, we do
have, you know, a mortgage, car payments, payments like everybody -just
average people -that are paid on time and none of those are really problems. I
just wanted to be sure you knew that the reason I...that I have that is cause I
chose to close a business that I just didn't feel this community needed. I felt it
was the best for everybody. Unfortunately with that I took on a large amount of
debt that I'll be paying off for a little while to come, um, I wouldn't change that
decision. I still feel it was the right thing to do, um, but I want you to know we're
just hard-working people. We just both got full-time jobs and um, I don't think
this makes me a bad person or a bad moral character, um, and I'd like you to just
take that as consideration for...to give him the opportunity, um, for this liquor
license. All right, thank you.
Hayek: Thank you, Ms. German. (unable to hear person away from mic) If you would,
yeah, thanks. For the Council's benefit, this regards Item 4.c.5 from the Consent
Calendar, which is the Class C liquor license, uh, for Sidelines Bar and Grill. If
any Member of the Council wishes to remove this from the Consent Calendar,
you may request that at this time. If no one does, that means that the
recommended denial in the Consent Calendar would be voted on by us. Uh, and
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 4
if passed, would result in a denial of this license. Does anyone wish to remove it
from the Consent Calendar?
Wright: Actually I have a question for Ms. German. Uh, you said you've worked out a
repayment arrangement with your credit card company? Do you have
documentation for that?
German: I do, yes. May I approach...
Karr: We can't hear you when you're (both talking). That's okay! We'll just take that,
and then you can go back.
German: This is just the payment for the one, and this is the documentation on the other.
Dilkes: What...what I would suggest, if the Council is interested in...in verifying that the
judgments have been paid, or have been satisfied or that there's a payment plan, if
that would change your decision making, then I would suggest you continue this
until the next meeting to give us time to do that...to verify the...this...this one is
from, um, a law office. I just...I don't want to make a decision by sitting here
right now looking at these, so um...I would suggest that if the Council upon
payment of these judgments would grant the liquor license, and you want me to
verify this information - I can do that, but we'll need to continue it.
Wright: Okay. For continuation should we remove this then from the Consent Calendar?
Hayek: Yeah, if one of you wants to...
Karr: Well, why don't...yeah.
Dilkes: Go ahead and remove it from the Consent Calendar so we can talk about it
separately. I would go ahead and...if one Council Member wants to remove, you
do, so let's take it off the Consent Calendar. Let's go ahead and vote on the rest of
the Consent Calendar, and then we'll take up that item.
Wright: I would...I would move, uh, suggest a motion to remove this from the Consent
Calendar.
Hayek: I don't think we...
Dilkes: You don't need a motion.
Hayek: Okay. So...item 4.C.5 is removed from the Consent Calendar, uh, is there any
discussion or amendment request with respect to the Consent Calendar? Why
don't we entertain a motion to...
Karr: We have it on the floor.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 5
Hayek: We have it...uh, can we...
Karr: Roll call.
Hayek: Okay, can we...
Karr: As amended.
Hayek: All right (laughter) roll call as amended. Okay, motion carries 7-0. At this time
we need to take up a motion to, uh, continue, uh, item 4.C.5.
Wright: Move a continuation for item 4.C.5 from the Consent Calendar.
Champion: Second.
Hayek: Moved by Wright, seconded by Champion. Discussion? I guess I would like to
hear from the Police Department, following, uh, Eleanor's office's investigation of
these, uh, judgment payments.
Wright: Yeah, I think that would be...
Dilkes: I mean, you could hear from them now if you wanted to, if you think that might
influence your vote on this motion, or...I mean, it's...(several talking)
Dickens: These are the only two things that are causing further denial.
Hayek: Troy, do you want to come up?
Kelsay: Hi, Sergeant Troy Kelsay, Iowa City Police, uh, Mayor, Council. Uh, the Police
Department did a review of the application for Sidelines. I'd like to spend just a
couple minutes going through it. Uh, just timeline and background: 320 E.
Burlington Street is retail space at ground level with residences, apartments,
above it. Uh, it was first licensed as a liquor license by Farrah's, or Farrah's
Production, uh, most recently has done business as Fiesta Mexico, uh, the
business has generated calls for service to the Police Department, some fight calls
by patrons, some vandalism associated with the business. Not too different than
many other alcohol establishments. What is different is because of that particular
layout at that location, we feel a disproportionate number of noise complaints
from the residents who live directly above that particular establishment. Uh, I
know that Farrah's has done some noise abatement. They've put in some
deadening materials, things like that, that has cut down on the calls, but even
during this last twelve month period we have continued to receive some calls
there. That was one concern for the Police Department that I put forward, or that
I pulled out and wanted to discuss with the Chief. Uh, in September of this year, I
received, uh, a notice from another bar, manager, saying that, uh, the new bar,
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 6
Sidelines, was hosting a "beer pong" tournament, uh, in violation of...of City
ordinances and rules.
Champion: I'm sorry, Troy, holding a what?
Kelsay: Beer pong...tournament. Uh, it hadn't yet happened. The way that the Police
Department chose to address that was to send a patrol officer out, and basically
educate them and tell them that it couldn't happen, but that was the first that I had
heard of Sidelines. Um, I did some investigating on my own. The windows were
marked with Sidelines. I checked with the City Clerk's office, with Sondra Forte,
the license specialist, the business continued to operate under the previous liquor
license. Before I could do anything more in-depth on that, the business shuttered.
Uh, it closed its doors, uh, there was signage up that indicated Sidelines, and I
apologize I can't remember if it said would be opening or re-opening after some
remodeling. Uh, shortly after that, I received then the application, the first
application, for new bar, a new ownership, at that same location, licensed as
Sidelines. Uh, Heather German was listed as the Manager and Oscar German was
listed as the Owner. I of course recognized Heather German; I dealt with her
extensively, uh, when she owned her previous establishment. I did a review of
the applicants, and part of what I do is look at legal records. I discovered that
there was an outstanding, an unpaid, uh, court fees in Heather's name - $55.00 -
and she has explained that. It remained unpaid at the time I did my review. Uh,
initially did my review, and there were also a number of civil actions, uh, while
that...may or may not indicate a pattern of behavior, really the only ones that I
was concerned about were ones that showed a judgment that was outstanding, and
there was one, and Heather has spoken to that. I believe it's Capital One, uh, and
it was for just over $2,000 as indicated by court records. I did confirm both of
those entries with the Washington County...County Clerk of Court, that's where
those entries were made, and the Clerk's office confirmed that the $55.00 court
fees, at that time, were unpaid, and that the judgment, this particular civil
judgment, was entered as a judgment against Heather, and that satisfaction had
not yet been satisfied. Uh, I was also concerned about... it was kind of a double-
edged sword as far as what little bit of history I knew of... of Heather German and
Los Cocos. I don't want to reopen that whole can of worms, but that was an issue,
uh, on one hand we had problems out there; on the other hand Heather was very
responsive with the Police Department, or was at least open to dialogue with the
Police Department and sat down and worked with us. We came up with a list of
steps that we would like to see implemented, and see said that she would do those
things, and she would actually pull the plug on the business if that didn't... if those
didn't resolve the situation. She did implement those changes, uh, they had
limited impact, uh, following a weapon's incident out there, she did close the
doors and surrender her liquor license voluntarily. I moved all of these items
forward to the Chief, and we had discussion. Uh, following that discussion, I
contacted Oscar German, because Oscar is listed on the most recent applicant as
the Owner of the establishment Sidelines, and Heather is listed as the Manager,
and Oscar immediately referred me to Heather. Uh, told me to deal with Heather.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 7
I called Heather, uh, as always I found her open to dialogue. We spoke. I told her
that based on my conversation with the Chief, uh, he felt the retail space versus
apartment issue was not...that was outside of...of the Police's purview, if you
will, there were calls for services that were generated, but again, that was more of
a...a zoning issue, uh, the history at Los Cocos, while there was negative history
associated with it, there was also the willingness of, at that time, Heather German
to work with the Police, and it has been the Police Department's practice to
evaluate each application...to the specific location, uh, not for example examine,
uh, history of another bar that might have been owned by the same principles. I
spoke with Heather, explained that the Chief was concerned, uh, and was going to
recommend denial based on the...the outstanding legal fees that (mumbled) both
to Washington County Clerk report, uh, and the judgment that had...had not yet
been satisfied. She very promptly took care of the outstanding legal fees with the
Washington County...County Clerk's office. Those have been paid as of this
time. She also told me that she would be unable, prior to this meeting, to satisfy
the civil judgment against her, but we discussed whether coming into some sort of
payment plan might satisfy the Chief. I went back to the Chief and spoke to him
about it, and really it was his position that it wasn't the Police Department that
needed to be satisfied with it - it was the Washington County Clerk of Court. I
referred Heather back to the Washington County Clerk of Court. I had further
conversation with them. The Clerk's office is aware that she has entered into a
payment plan with the legal representation of Capital One. The Clerk's office is
not willing to make an entry to that effect, because the judgment still hasn't been
satisfied, and until they receive notice from the plaintiff, that the judgment has
been satisfied, the Clerk's office still shows it as an outstanding judgment against
Ms. German. Based on that, the Chief is still moving forward with his
recommendation for denial, in that...there is a judgment from a court in the State
of Iowa against Heather German. Heather German is one of the principles of this
new establishment, and Heather German may be in the process of taking care of
that, but that judgment has yet to be satisfied.
Dilkes: While Sergeant Kelsay has been talking I looked at, um, the information that Ms.
German handed us, and it appears that...that what you've reported, at least based
on what I've got here, is...is the case. Um, she has made arrangements with
Capital One, the creditor, um, to pay them $150.00 on the 20th of each month,
beginning January 20, 2010. Um, it looks like these arrangements were made
January 1, 2010. Um, and of course, when those...when payments are made on a
debt, there's nothing filed necessarily in the Clerk's office until there's a final
satisfaction of that debt.
Kelsay: One of the Chiefs concerns, or one of the things we discussed, is, you know,
hypotheticals, uh, if Ms. German in this case made payments for some period of
time, and then stopped making payments, now is the Police Department put in the
position of doing what? I mean, were we the leverage to collect on it, and he did
not want to be put into that position, as a City department, and again, that's why
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 8
he...based on there is a...a judgment entered against her, by the Iowa courts, that
remains unsatisfied.
Hayek: Okay. Thanks for that very thorough explanation.
Kelsay: Thank you.
Hayek: Based on this information, uh, do we have...essentially two options -one is to
continue, and one is to...
Dilkes: We've got a motion to defer on the floor. So we need...
Hayek: Okay. Okay, got a motion that's been seconded to defer or continue item 4.C.5.
Karr: Until January 25th, that's your next meeting. Is that the intention?
Hayek: Yep, until January 25. Uh, all those in favor say aye. Opposed say no. No's
appear to have it.
Karr: Is that unanimous?
Hayek: I believe that's unanimous. Regenia? I'm not sure she's on the phone.
Champion: Okay, I move to approve 4.C.5.
Dilkes: Can we...can we take a break, and...and
Hayek: Let's try (both talking)
Dilkes: ...figure out what's going on with, um, Council Member Bailey here, and...and
then.. .
Karr: Regenia?
Hayek: Why don't we take a pause in this meeting. All right. We'll resume the meeting.
We've had problems with, uh, one of the Council Members calling in from out of
town, and had some technical complications with respect to that. We're going to
proceed and hope the connection maintains, um...
Karr: Just for the record, she is off. She's not participating.
Hayek: She's not even partici...okay.
Karr: No, she cannot hear.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 9
Hayek: Okay, we will proceed without, uh, Regenia Bailey, uh, from this point forward.
Uh, where we left things was, uh, a motion to, uh, defer item 4.C.5 to our next
meeting, uh, that failed 7-0. At this time it would be appropriate to entertain a
motion to deny, uh, the liquor license, if there is one.
Champion: So moved.
Wright: Second.
Hayek: Moved by Champion, seconded by Wright.
Wilburn: I have a couple more questions, Mr. Mayor.
Hayek: Yes.
Wilburn: Uh, Sergeant Kelsay, if you could, uh, I just have one more question, uh, if you
can provide this information.
Kelsay: Yes, Sir.
Wilburn: Um, can you, um, can you tell us in your conversations with the Chief and his
consideration, um, the, um, the former license and the issues, um, are not being
considered as a recommendation for his denial, um, is there...I'm just kind of
curious as to what that rationale was. Do you know what the Chief was thinking
or...
Kelsay: Yes, in discussion, uh, clearly those were concerns, and they were noted, and we
discussed it. In the end, he felt that his piece of the pie, if you will, went to
certain items within Police purview, and in reviewing this location and this
application, uh, specifically towards good moral character, or lack of good moral
character, the two items that he...he addressed on his denial were his main
concerns. All of them were issues, uh, it was the two entered judgments, or
unpaid fees within the courts that said, you know, these are...these are obstacles
or hurdles that can't be removed.
Wilburn: Okay. And (several talking)
Dickens: ...satisfied...will that take care of that? If the judgment is satisfied, and filed with
the Washington County?
Kelsay: In my conversations with the Chief, yes. The other concerns would remain, uh,
but it's the Chiefs position that he needs to look at this license, this establishment,
and there is no history to review here yet. There's concerns and we continue to
monitor it, but...but it's his position that it's those two judgments. From the
Police Department's perspective.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 10
Champion: So they can reapply after that's taken care of.
Kelsay: Correct. I mean, that would be up to the City Clerk's office, but I believe that's
the process.
Dilkes: I can address, um, your question a little bit, um, cause I asked the Chief the same
question. I said, you know, how are you...I understood that he did not believe
that the...the, what had happened at Los Cocos would serve as a basis for denial.
Um, and I asked him why, and he told me that he did not believe that the issues at
Los Cocos were due to the management, um, by the people who are currently
applying for a liquor license. Um, it is not the opinion...my opinion that you
could not consider the management behavior at... of someone who was applying
for a license, their behavior at another establishment. Um, we have not done that
with respect to the PAULA rate because that's location-specific. Um, but it
certainly in a particular situation, for instance, let's say in this situation it was the
Chief s determination that it... it was the failure of the applicant to manage the
business that lead to the problems at Los Cocos. I think he could then consider
that in denying this license. He did not believe that to be the case, and therefore,
has denied only on the basis of these judgments.
Wilburn: And I, um, I have, uh, another question for the, uh, City Attorney. Um, Eleanor,
is there, uh, since the one outstanding issue of the two that were raised by, uh, the
Chief is related to the, um, financial, fiscal matter. Is there guidance in the State
Code related to the good moral character for the Council?
Dilkes: There is, um, in, you know from our previous discussions that good moral
character is kind of a...can be kind of a nebulous concept, um, but the State Code
actually speaks to financial standing, um, separate from good moral character or
good reputation, so I think financial standing, uh, is a specific, um, condition that
you can consider, uh, in granting or not granting a license. And... and whether
you think the circumstances that have been reported to you about these judgments
indicate that there is a lack of financial standing in this situation is a judgment for
you to make.
Wilburn: And if we deny this, uh, since they do not currently have a license, do they still
have the same, uh, appellant process, uh, that they could go to the Alcohol,
Beverage Division or not?
Dilkes: They can appeal to the ABD. They, of course...it's different from a renewal
because there's no business to operate in the meantime. There is no license.
Wilburn: Right.
Dilkes: So, there's no...the business won't operate until they get a license.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 11
Wright: Along those same lines, if this judgment were resolved quickly rather than over
time then that might take care of this in terms of a reapplication.
Dilkes: Correct. Or, I mean, you could a1so...I mean, another option would be to
continue it with, um, to a certain date, saying that if the judgment is satisfied by
that date, you know, that would be an option as well.
Hayek: (several talking) Connie...on that, is there any time advantage to the City or to the
applicants to be had? Continuing this, versus denying it and allowing them to
come back as soon as all judgments are resolved?
Dilkes: I would think from the applicant's perspective that it would be advantageous not
to be denied a liquor license, but rather to have it continued, um, at least with a
chance to take care of the judgment. Um, from our perspective I don't think it
matters.
Karr: The other...the other option of course is the fact that by continuing it is
automatically on your next agenda. And will appear, regardless of whether it is
taken care of or not, so it is a guaranteed bookmark, if you will.
Hayek: Uh-huh.
Karr: Um, that would be another difference.
Champion: I'm, um, a little concerned about that. I would just as soon we vote on it tonight
and I would want to hear...when they reapply, I also would want to hear that the
Police Chief is not reluctant to grant this liquor license. I don't feel like I can
micromanage liquor licenses.
Hayek: Okay. Further discussion?
Dilkes: I mean, the applicant could also withdraw the application. That would obviously
have to happen before there was a vote.
Karr: The applicant could withdraw, and then resubmit at a time, at a later time.
Hayek: (mumbled) don't know how the vote's going to go, but does the applicant have any
interest in doing this? (unable to hear away from mic) Ms. German, do you
understand what we're taking about here?
German: Yeah, so and that's something I talked to the ABD earlier today about, um, so
their options for me were, um, present myself and then see what you had to say,
um, they certainly thought that the appeal process, that it would go through the
State, um, but of course that, like we all know, takes 30 to 90 days, she told me,
um, she did think it would... it would, the appeal would be granted in our favor,
um, but you know, all the time restraints are kind of the problem now, cause if I
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 12
withdraw it that means I have to cancel the insurance proposal, I mean, and all
that stuff takes a huge amount of time, and could decide whether or not the
business is ever going to open. So, I mean, that's of course why we chose today
not to just withdraw and...and to come and at least explain the case and...and
make sure you realize it's not a judgment that's being ignored by any means or,
um, or just going to sit forever. So, does that answer your question?
Hayek: Yes. Thank you. Okay, well, we have a motion on the floor; it's been seconded
to deny the liquor license. Is there further discussion on that? Okay, think that's a
voice vote, right? Okay, all those in favor of the denial say yes. Opposed say no.
Okay, uh, motion carries unanimously to deny the liquor license.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 13
ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: Okay, moving out of the Consent Calendar finally and into Community
Comment. This is an opportunity for members of the public to address the
Council on items not on the agenda. Uh, if you wish to appear, please approach
the podium, sign in, uh, state your name, and please limit your comments to five
minutes or less.
Shipley: Hello, my name is Jeff Shipley. I live on 601 S. Gilbert Street, and I also operate
as the University of Iowa Student Government-City Council Liaison. Uh, first I
just want to thank you for the hours you've been putting in in all the meetings
lately. I appreciate it. I just wanted to briefly comment on two issues and again,
I'm cognizant of the time, so if I can hurry up. Uh, first, the franchise tax
discussion. I'm very pleased that this is still being talked about. I think it's very
important, um, you can lower it down to 1% and then eventually eliminate this
burden. I think it's obvious to me that the best economic stimulus is, um,
allowing businesses to thrive and not getting in the way. We need to refrain
government from, you know, discouraging entrepreneurs and cutting into their
profit lines, uh, and of course, um, the risks here could be, uh, the consequences
could be, you know, potentially pretty bad for the community and permanent, so
thanks for looking at that, and I hope that is continued to be talked about. Uh,
second, I just wanted to comment on a letter that I came across when looking at,
um, City Council Info Packet. It was from a gentleman named Mark Amberg.
Uh, essentially brings up four very compelling points on water fluoridation, um, I
originally took an interest in this topic when I toured the water, uh, plant this
summer, and I noticed, uh, hazardous material signs next to a compound that was
being added to our water supply. I then asked, uh, Water Superintendent Ed
Moreno about it. He told me that if they remove this compound, uh, fluoride, uh,
it would not affect the water supply, and that he even admitted to me that the
scientific consensus is that there is not a hard scientific consensus on the benefit
of this. Um, and to me, this just presents itself as a very important environmental
issue because this is an unnatural compound being added to our water, and then
there's the public health issue because, uh, some people claim, and I have, um,
some documents to submit, uh, that it could be potentially hazardous to the health,
uh, of the whole town, so it's a pretty serious, um, issue and I'd really appreciate
the Council discuss this further, um...yeah, again, I regret not making a more
prepared presentation when I tried to include this in the discussion last night, um,
essentially as I hope you do continue to research this topic, um, the argument
essentially boils down to me is that, you know, it's admitting that government can
make mistakes. This is a practice which goes back a few decades and started
originally in 1950s, and Iowa City added it in 1970, and you know, the CDC
won't step down. They think this is fine. The FDAs a little wishy-washy on the
issue, um, but it's really that governments make mistakes all the time, and it's
important that we need to really...reevaluate decisions like these all the time,
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 14
especially when it deals with a compound being added to the whole town's water
supply. Um, you know, I could go on and on about different examples of
governments making mistakes in the last year, um, at all levels of government. I'll
spare you for that tonight, um, so anyway, I'd just like to see this issue discussed.
A couple other people, uh, kind of spontaneously came to Council tonight to talk
more about this issue and we wouldn't be here if this issue, uh, if we weren't really
very interested in having a discussion with our local government about it. Um, so
again, thank you, um, and I'll turn it over t the other, uh, citizens that are
concerned about this, and again, I hope (mumbled) and I (coughing) spending so
much time lately. I know you guys have a busy meeting schedule. Um, so if
you'd like to accept this correspondence. It's just a, uh, three different articles.
Karr: Motion to accept correspondence.
Wright: So moved.
Champion: Second.
Hayek: Moved by Wright, seconded by Champion.
Shipley: Pretty much just, oh...
Hayek: Just a second. All those in favor say aye.
Shipley: Yeah, pretty much just outlining the controversy of the issue and uh, again, you
know, this is an issue taken up by communities all across the United States, so
please become informed. Thank you very much for your time.
Hayek: Thanks, Jeff.
Ream: Hi, my name is Seth Ream. I'm resident at 425 S. Lucas Street. Uh, a recent
graduate from the University of Iowa, uh, with a Bachelors of Science in
Biomedical Engineering, and an Iowa City citizen of four plus years. Uh, yeah,
just would like to kind of comment on what Jeff was bringing up here, uh, tonight,
just bring to the attention of the Council, um, a concerning issue affecting the
general public, of which the vast majority seems to be unaware. Um, like most,
I'd always been told that the water was fluoridated, uh, to improve dental hygiene.
I mean, it's always seemed plausible to me being that, you know, dentists
recommend to get fluoride treatment by, uh, excuse me, yeah, bi-annually. And
after research I've found that, you know, this claim really doesn't hold up under
scrutiny, and that it's just not in, uh, fluoridating the water supply's just not in the
City's best interest overall. First I'd just like to comment on the cost. Um, it's
estimated that it costs tens of thousands of dollars annually just to add fluoride to
the, uh, water supply. Um, yeah, just to add, and of course this has to be adjusted
to optimal levels. One way to do that is to add sodium, and there's already
sodium present in the water supply, um, sodium of course is linked to
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 15
hypertension, which can progress to further cardiovascular ailments, and needing
to add another chemical, in this case sodium, to regulate, um, the levels of
fluoride. Also just, uh, requires a greater measure of quality control and just
increased costs, as well. Um, also, uh, I've seen figures as large as, uh, 90% of
the City's water supply not being used for public consumption. So, really, it just
ends up wasting a bunch of fluoride being that, uh, it's not serving its purpose
since it fails to reach its target, uh, population there. Also I just wanted to
comment on the impact of quality here. Um, as far as I found it adds really no
benefit in terms of safer consumption of water or additional quality. In fact the
correlation between good dental hygiene and fluoridated water has recently been
coming...has been coming under fire. Um, some studies show that an overall
decline in tooth decay, uh, yeah, an overall decline in tooth decay regardless of
whether water is fluoridated or not, and in fact, tooth decay has been on the
decline since the 1930s, even though public water fluoridation and fluoride
toothpaste were not prevalent until the 1960s. Um, lastly I just wanted to briefly
comment on the health effects. Um, it's actually deleterious effects on workers,
facilities, and equipment. Um, high levels can actually lead to dental fluorosis,
um, which... in the form of mottled enamel, discolored teeth, and even erosion of
the teeth at the gum line. Um, also I've found that, uh, it serves very little
function in the body overall. It has adverse affects on your bones, kidneys, brain,
(mumbled) the thyroid gland among others, and in, you know, even at high
enough levels it can kill, that's why on the back of, you know, your toothpaste it
says...it has the toxic symbol and it says, you know, make sure your children
don't ingest too much. Um, just to conclude I'd like to say that though, uh,
fluoridating the public water supply arguably is a small factor contributing to, uh,
improved dental hygiene, I just don't feel that it's worth the cost to the City, and
its citizens, and especially in this time, you know, of economic hardship. It seems
like the right and obvious thing to do is to save some money and also, you know,
just improve the health of everybody in the city. Thank you for your time.
Hayek: Thank you. Anyone else wishing to address the Council?
Hayes: Hi, my name is Sam Hayes. I, uh, reside at 17 S. Governor. I've been an Iowa
City resident for about two years now. Um...I also just wanted to touch upon this
issue of water fluoridation. Uh, which my friend Jeff also alerted me to, that
letter. Um, but you know, we can talk about, as my friend Seth here did, about
the, uh, scientific, uh, qualities of fluoridating the water. I know there is some
controversy on whether that's effective or not. My mother, for instance, is a... an
assistant to an orthodontist, and she's very much, uh, pro-water fluoridation, but I
think where we also shouldn't miss the philosophical argument here, uh, I'm
looking in the corner over here at the Iowa State flag and its all folded up right
now, but uh, if the Council were to, uh, sort of unfurl that glorious icon, you
would see printed on it the Iowa State motto, which reads: Our liberties we prize,
and our rights we will maintain, and uh, you know, I just wanted to say that I
think fluoridating the water is unethical, and also antithetical to the principles of
liberty, and therefore the principles on which our city or state was founded, um,
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 16
because we're effectively, you know, coercively forcing people to drink
fluoridated water, and even if it's the healthiest thing in the world, um, we should
have a right to chose, you know, um...well, I won't get on that, but anyway, uh,
but it's not just fluoride that I'm concerned about here, because also recently as
you can read in this New York Times' article, the EPA did a study in which they
found that more than 20% of the nation, uh, the nation's water treatment systems
were in violation of the safe drinking water act, uh, so what I'm just curious about,
oh by the way...the way in which they violated the drinking water act was by...by
having, uh, water which contained, uh, in addition to arsenic, lead, pesticides, etc.,
radio-active substances. Now, what I want to know as an Iowa City resident is
how do we know that we're not among that 20% of the nation, which is violating
the safe drinking water act by distributing radio-active drinking water to our
residents. That's what I'm just curious about. I don't know if any studies have
been done on that. Perhaps you could clarify if you have more information,
because I'm certainly ignorant on this issue. But, uh... so yeah, I just wanted to
bring that up, and also say that, um, again, the EPA in this article, and if you want
I can give you a copy of it. It's a New York Times article, but the EPA admits
that the current heads of the EPA, under this administration, uh, were telling the
lower level EPA officials to ignore these violations, again, 20% of the nation is
violating this act by distributing radio-active drinking water, ad they're saying to
just ignore all that. So, obviously we cannot trust the federal government to
ensure that we are drinking safe, healthy, clean, natural water, and if we can't trust
the federal government, who else can we trust but our local government and our
City Councils, um, so I'll just leave you with that and also just one more final
suggestion, you know, my friend Seth over here mentioned the economic aspect,
um, only about 3%, I believe, of tap water is actually used for consumption, so
obviously the fluoride is a waste, but also I think I would argue that, um, the City
also wastes a lot of money on, you know, building projects, for instance, you
know, renovating the streets, um, you know, and while that's all nice, you know,
and I think the surveillance cameras are also a big waste, huge waste. Too many
of those surveillance cameras, um, you know, maybe those things are nice, but we
need to get our priorities straight. You know, drinking water...water is one of the
essential elements to life. The only thing more important than clean drinking
water is air. So I think we need to get our priorities straight and not be spending
money on, uh, you know, all these things when we have dirty water. So I would
just implore you all to, uh, research this and look into this, and if you would like I
could give you this article, but that's all I have for you so...thank you.
Hayek: Thank you, Mr. Hayes.
Karr: Motion to accept correspondence.
Wilburn: Moved to accept correspondence.
Mims: Second.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 17
Hayek: Moved by Wilburn, seconded by Mims. Discussion? All those in favor say aye.
Opposed? Motion carries.
Amberg: Good evening. My name is Mark Amberg. I live at 2335 MacBride Drive. I
work at the Veterans Hospital. I've lived in Iowa City for, uh, almost eight years
now. Um, I have an Associate's degree in the radiologic sciences, and I work in
the radiology department. And I would also like to talk just a little bit about
fluoride. Um, I just prepared a brief statement. Um, three weeks ago I sent the
Council a short one-page request, petitioning you to stop the fluoridation of the
City's water supply. Uh, I hope you received it. Uh, I know Jeff got it off the
public record. That's how I recently met Jeff Shipley. Um, anyways, uh, in the
petition I did my best to explain the poisonous effects of this toxic substance on
humans, when ingested. Um, and I did my best to refute the bogus claims that
ingesting fluoride actually prevents cavities in children. Um, fluoride should be
used as a topical agent. It should not be ingested or consumed. Um, a little bit of
Iowa City history, um, I did talk to Ed Moreno, and I did call the Mayor, um,
sorry, the former Mayor, uh, Bailey on this, but Iowa City's water supply has been
fluoridated since the SOs when it was managed by a private company. Um, today
the water supply is under the stewardship of the City, and by de facto leadership
of our city, you are now responsible for the policy ofmass-medicating almost
64,000 in our town, without their consent, um, and I wanted to bring this to your
attention because I think a lot of you may not even have thought about this issue.
Um, so that's why I'm here tonight, uh, just to ask you a few questions about that.
Um, and if you did read my, uh, letter, uh, I stated that fluoride added to our water
supply comes from toxic waste. It does not come from a sterile lab. Um, and the
silicone fluorides added are 85 times more toxic than naturally occurring calcium
fluoride. Um, talking to Ed Moreno, I can tell you for a fact that we spend over
$14,000 a year to put this toxic waste into our water. Um, without the public's
consent. Um, and with the budget shortfall, I mean, $14,000 is a small amount of
money in the grand scheme of things, but it's money that we're spending, and it
really should be, uh, monitored and, uh, I think it should be reviewed. Um, so
with, uh, all the new research that's coming out on fluoride, and its devastating
effects on humans, I would like to ask the City Council what it can do to reassure
its citizens that the policy is being reviewed, not by a dentist, but by a
toxicologist, um, I just...I think we need more, uh, review on...on our water
policy, and our water fluoridation, um, so I...I hope that you can come to a
conclusion tonight to start a work session to seriously review this problem,
because it's a...it's probably one of the most important public health issues out
there, and I know Jeff, um, gave you some more information. I didn't bring
anything with me tonight, just because I wanted to first touch base with you and,
uh, but I would be more than happy to come back and speak or... or come to your
work session, whatever it takes. So I'll go ahead and sign in the book here. That's
all I have to say tonight.
Hayek: Thank you (mumbled)
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 18
Amberg: Thank you very much.
Hayek: Are others wishing to address the Council?
Jones: Hello. Uh, Mayor and Councilors, uh, my name is Charles Jones, resident of
Iowa City my whole life, um, I have, uh, relatively simple questions. Comes to
my, uh, understanding that, um, in your large budget meeting there was a
discussion on the secondary access to City Park, via the Parkview Terrace
neighborhood. Um, I'd like to address a, um question City Council, um, maybe
you would defer to Ron Knoche, the answer, but um, what is the proposed timing
of this entrance, and um, what are the essential design specs of this secondary
entrance? Currently there's just some sort of gravel...gravel road.
Hayek: Okay.
Helling: I think the best thing for this gentleman to do would be to talk directly to Mr.
Moran in Parks and Rec because, you know, that's...that's what we talked about in
terms of the CIP, and...and I know Council isn't prepared to give that answer. I
think that...that he might, and you may want to do that, in the form of a one-on-
one contact. Now, we can clearly get you information, no problem. Okay?
Hayek: Mr. Jones, Mr. Moran's actually in the audience, if you guys can link up little later
this evening and exchange contact information.
Jones: Uh, thank you, and I also think that, uh, the benefits, the pros and cons of fluoride
should be, uh, investigated. I didn't plan to speak on that, but I...I appreciate the
fact that we're bringing it up, and I...I have sentiments that I agree with them.
Thanks.
Hayek: Thank you. Anyone else?
Sheldon: Hello Mayor and Council, I'm Kip Sheldon, and I live at 316 Mahaska Drive, in
University Heights. And, um, I wanted to ask you if you happen to know, uh,
what the number one drug used in America, um, it's fluoride, and uh, I thought it
was rather interesting, uh, given the fact that, uh, American people, um, need to
know that they're being, you know, ingested with a...a chemical, and um, let me
digress somewhat. Um, explain how I became interested in this issue. I was
having dinner at a friend's house, where we like to get into discussions, and since
we tend to be on slightly different levels of political spectrum I, you know, I...we
find the discussions enlightening and recently over dinner, uh, Mark brought up
the subject of fluoride in public water, and my knee jerk reaction was to debate,
of course, in favor. I mean I have children, for goodness sakes, uh, you know,
and I like everyone knows fluoride, you know, it's safe in water, it's good for our
children's teeth, right? Um, so I began my debate with, uh, you know, there has to
be peer reviewed studies all over the place. Um, this, you know, this is a slam-
dunk. He quickly persuaded me to become better informed. And on the
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 19
subsequent research and reading, it...it's compelled me to obviously come out of
my warm house tonight and speak to you all, and...and respectfully request you
consider looking into this matter, and make a decision whether it's in the best
interest of this community to continue to fluoridate the public. Um, and I'll try
and be brief also. Threw this together quickly. Uh, we do not purposely add
arsenic to the water supply, and we've not purposely added lead, but we do add
fluoride. The fact that fluoride is more toxic than lead, and just slightly less toxic
than arsenic is interesting. Um, these words by Dr. John Yamayamus may come
as a...as shock to you, if you're like me...you have a positive association with
fluoride. You may envision tooth protection, strong bones, and a government that
cares about our dental needs. What you probably have never been told is that
fluoride added to drinking water is a crude industrial waste product of the
aluminum and fertilizer industries, and the substance toxic enough to be used as
rat poison, of course in the proper doses. How is it that Americans have learned
to love the environmental hazard? I'll leave that issue for your own research. It's
well documented and rather enlightening on its own. It begins in 1947. 98% of
European, uh, Europe is now fluoridation free. Why is that? These two...the two
holdouts are represented by England, 10% fluoridated, and Ireland, 73%
fluoridated. So 25 countries in Europe with bodies of health professionals,
scientists, and public health agencies of their own reject fluoridation. Some of
them outright ban it! Belgium, uh, states, the water treatment has never been used
in Belgium, and will never...never will be in the future. In Norway, uh, they'd
rather...they had rather intense discussions on the subject 20 years ago and the
conclusion was drinking water should not be fluoridated. In Sweden, drinking
water fluoridation is not allowed in Sweden. New scientific documentation or
changes in dental health situation that could alter the conclusions of the
commission have not been shown. And in Finland, we do not favor or
recommend fluoridation of drinking water. There are better ways of...of
providing fluoride, uh, for our teeth.
Hayek: Mr. Sheldon, you're getting pretty close to your five minutes if you could wrap
up.
Sheldon: I'm almost done.
Hayek: Okay.
Sheldon: Thank you. Uh, so fluoride is very potent poison. It's a registered pesticide. And
it's used, uh, and it's not good for us, even in small one parts per million, um, that
is, uh, currently, uh, the standard. Fluoride in any form, drops, tablets or vitamins
has never been approved by the FDA. And according to Dr. Dean Berg, former
Chief Biochemist at the National Cancer Institute, more than 50,000 Americans a
year are dying of cancer caused by fluoridated drinking water. Please look into.
Come to your own conclusion, and um, and see where you go with it. Thank you
for your time. Appreciate it.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 20
Hayek: Thank you. Anyone else wishing to address the Council? Members of the
Council, I would note that there is a memo from Ed Moreno of the Water
Department, uh, and we discussed that briefly earlier this week, but if there are
three members who wish to take this issue up, we can certainly schedule that for a
work session.
Champion: I think it's a good idea.
Wright: I'd be interested. (several responding)
Hayek: Okay. Staff, if we could schedule this for a work session, and get an appropriate
inquiry from, uh, Water and any other departments we need to hear from.
Wilburn: I would also recommend, uh, checking with the, uh, public health department
(mumbled)
Wright: We also have a nice big college of dentistry right up the street, so (mumbled)
Hayek: Okay. If there's no further community comment we will pass on to Planning and
Zoning matters.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 21
ITEM 6. PLANNING AND ZONING MATTERS.
a) CONSIDER AN ORDINANCE AMENDING THE PLANNED
DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY
RESIDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE
VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF
MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010)
(SECOND CONSIDERATION)
Hayek: This is second consideration. At the November 19 meeting, the Planning and
Zoning Commission recommended approval of this rezoning. Uh, staff
recommended approval in its report, uh, of that... from November, as well.
Approval will allow the construction of five additional townhouse style units on
lot I of the Olde Towne Village subdivision. A protest petition, which represents
more than 20% of the condominiums located on lot 1 has been submitted;
therefore, athree-fourths vote, uh, of the Council is required to approve this
rezoning. Is there a motion?
Wright: Move second consideration.
Champion: Second.
Hayek: Moved by Wright, seconded by Champion. Discussion? Initially, are there any
ex-parte communications that anyone needs to disclose regarding this zoning
matter? Okay. Any further...
Champion: A good development. (mumbled)
Hayek: Any further discussion? Okay, roll call. Item passes 6-0.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 22
ITEM 6. PLANNING AND ZONING MATTERS.
b) APPROVING A CONDITIONAL ZONING AGREEMENT FOR
AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF
PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE
FOR WESTPORT PLAZA, INCLUDING WAL-MART AT 855, 911 &
1001 HIGHWAY 1 WEST (REZ09-00008).
1. PUBLIC HEARING (CONT'D FROM 12/1 AND 12/14)
Hayek: At its November 2nd meeting the Planning and Zoning Commission
recommended approval, with an amendment to the conditional zoning agreement
as proposed in the staff report, uh, provided the bus stop remains in the same
location as shown on the existing concept site plan, and that public access
easement, uh, be extended along the drive in front of the proposed new store. Uh,
staff recommended approval of the amended agreement, with the same conditions.
Uh, approval will allow Wal-Mart to build a smaller store than originally planned
and reserve space on the property for two additional commercial building lots, uh,
preliminary plat has been revised to include the access easement, uh, and the
conditional zoning agreement has been signed by the applicant. Uh, this is a
public hearing. The public hearing is open. (bangs gavel) Initially, are there any
ex pane communications that anyone here needs to disclose? Okay. Mr.
Mitchell.
Mitchell: Thank you, uh, Dennis Mitchell, um, 122 S. Linn Street, I'm here on behalf of the
applicant, Wal-Mart. I don't really have much additional to add, beyond the
reports that you've received from staff, but I did want to make myself available to
answer any questions that you may have about this.
Champion: I think all my questions have been answered. (mumbled) easement in front of the
building, right? Okay. Thanks for coming.
Hayek: Anyone else wishing to address us during this open hearing? (bangs gavel)
Public hearing is closed.
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
(DEFERRED FROM 12/1 AND 12/14)
Champion: Move first consideration.
Mims: Second.
Hayek: First consideration moved by Champion, seconded by Mims. Uh, discussion?
Roll call. Item passes 6-0.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 23
ITEM 11. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER
PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT.
Hayek: Just for your information, bids were received, or bids were open on January 7, uh,
numerous bids were received, uh, from Tri-County Construction, Dubuque; City
Construction Group of Iowa City; Fry Builders and Associates of Muscatine.
Those three, uh, bids were submitted in error, uh, due to an omission in the
information provided to those bidders by a major vendor. However, Apex
Construction Company of Iowa City submitted a bid for $196,700.50. Engineer's
estimate was $251,700. It was determined by staff that, uh, it would be in the
City's best interest to award the contract to the remaining bidder, Apex
Construction of Iowa City as the lowest responsible, responsive bidder and the
project will be funded with general obligation bond proceeds.
Champion: Move the resolution.
Dickens: Second.
Hayek: Moved by Champion, seconded by Dickens. Discussion?
Mims: Is this changed from what we talked about at the work session last night?
Hayek: Correct, and Dale and Rick, you want to fill us in on that?
Fosse: Yes, uh, the main thing that is changed, uh, since last night is that, um, as of
yesterday our architect's best estimate of the omission from the three low bids was
roughly $40,000 and at that time we thought our best option was to reject all bids,
go back out and... and solicit bids again. Uh, they looked deeper into that. Their
best estimate today, of the omission, is roughly $60,000, which puts it at about a
wash, and... and we run the risk of... of rebidding it and coming back with a
higher bid than we have now from Apex. So we view awarding it as our best
option.
Mims: Okay, thank you.
Hayek: Any further discussion on this item? Roll call, please. Item carries 6-0.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 24
ITEM 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN ADDENDUM NUMBER 2 TO
THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE
AGREEMENT FOR THE INSTALLATION AND USE OF AN
INTELLIGENT TRANSPORTATION SYSTEM ITS-74800(333)--25-00.
Wilburn: Move adoption of the resolution.
Wright: Second.
Hayek: Moved by Wilburn, seconded by Wright. Uh, and I want to just note for the
public that the Iowa Department of Transportation has installed camera sensors,
fiber optic cables, and other technology within the City, mostly along our old state
highways, uh, and this addendum will provide the City with an additional twelve
strands of fiber optic cable. Uh, the City will pay the Iowa Department of
Transportation $20,000 for the additional cable and the work related to
installation, to be paid through the ITS fund balance. Is there discussion?
Champion: Well, I think (mumbled) included that these are not cameras that take the picture.
We don't really have cameras that take pictures. This is to coordinate our
stoplights, isn't that correct?
Wilburn: There's no storage of the image, was my understanding. (mumbled) software to
do that.
Fosse: Yeah, and really what this does is just buys us twelve strands in an existing
system that the DOT, or a system that the DOT is building, and that adds to our
fiber optic backbone within Iowa City, and the important thing there is that gives
us a redundant route out to the new Joint Communication Center, uh, so that we
can maintain communications.
Champion: ...confused about that. It won't be the first time (mumbled) (laughter)
Wright: It's a pretty good price for the extra capacity.
Fosse: Get roughly 20 miles of...all strands...for that.
Hayek: Thanks, Rick. Any further discussion on this item or...any questions? Roll call,
please. Item carries 6-0.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 25
ITEM 13. CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AMENDMENT #2 TO THE FEBRUARY 10, 2009 AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN
COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER
INTERSTATE 80 PROJECT.
Hayek: And for the public, this authorizes Howard R. Green to provide additional
engineering services for project design, modifications, and project plan design,
including new sidewalk access facilities to adjoining businesses, uh, design and
final inspection of an cathodic protection system, and to be installed to deter
corrosion. Amendment cost is $26,684 and will be funded with GO, General
Obligation bond proceeds, uh, this amendment will bring the total consultant
service fees to $280,921. Estimated construction costs for the North Dodge Street
pedestrian bridge over Interstate 80 is $3.2 million and change, uh, and the
construction of this project is eligible for Federal Economic Stimulus Funding.
Wilburn: Move adoption of the resolution.
Mims: Second.
Hayek: Moved by Wilburn, seconded by Mims. Discussion?
Mims: I would just like to point out that the bulk of the funding for this is federal
funding, correct?
Fosse: About half of it is federal funding, and about the other half is actually for utilities
and not for the pedestrian bridge. We're putting in a new water main crossing out
there and a new, uh, sewage forced main crossing, and what we have in that part
of town are particularly hot soils from a corrosion perspective, so the systems that
we have out there now, uh, have a short life, and that's one of the reasons that
we're taking extra measures to avoid corrosion protection for the new system, and
that's part of the addendum that you see here.
Dickens: That's for future development on the north side?
Fosse: Yes, as well as serving the existing.
Hayek: Any further discussion? Roll call, please. Item carries 6-0.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 26
ITEM 14. CONSIDER A MOTION TO ESTABLISH THE 30 DAY PUBLIC
COMMENT PERIOD FOR THE CITY OF IOWA CITY 2010 HAZARD
MITIGATION PLAN FROM JANUARY 13 TO FEBRUARY 11, 2010.
Hayek: For the public's information, uh, prior to adoption of this plan, a 30-day public
comment period is required. And this plan will be available at the Iowa City
Public Library, the Iowa City Engineer's office, and on the Iowa City government
web site. Uh, it's scheduled to be adopted by the Council at our February 16th
meeting, uh, is there a motion?
Dickens: So moved.
Mims: Second.
Hayek: Moved by Dickens, seconded by Mims. Discussion? Think we can do a voice
vote on this. All those in favor of the motion say yes. Opposed say no. The yes's
have it 6-0. And, uh, I would encourage the public to, uh, review this document,
uh, a critical component to Iowa City's, uh, efforts to move forward with future
flood, uh, prevention and planning, uh, the result, it's the result of considerable
amount of staff work, um, and it really represents a blueprint for what we plan to
do going forward.
Wright: And not just floods; it's a...all kinds of (both talking) disasters are...are, uh,
discussed in this particular plan. It's actually...it's amassive and...pretty
comprehensive document.
Mims: Speaking of which, I might just mention that when it was presented to us last
night, she mentioned that, uh, the real... it's over 200-page document and most
people in the public may not want to read this whole thing. Uh, that some
relevant pages were like, I think, 232 to 236 were kind of a...the summary of the,
so you...get a good gist if you read those few pages.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 27
ITEM 17. CITY COUNCIL INFORMATION.
Hayek: Initially, uh, I don't know if you guys have this. I have it. We need to consider
appointment of Regenia Bailey, uh, to the UNESCO Board of Directors, uh, for
the Council's information, the UNESCO bylaws state that the City may appoint
three directors who shall be the Mayor, the City Manager, or the Library Director,
or their designees. I'd like to accept the offer of Council Member, and Former
Mayor, Bailey to continue to serve on the UNESCO Board, and I recommend
favorable action on this appointment.
Champion: So moved.
Wilburn: Second.
Hayek: Uh, moved by Champion, seconded by Wilburn. Discussion? All those in favor
say yes. Opposed say no. The yes's have it, uh, appointment is made. Okay, now
normal Council time. Let's start with you (mumbled)
Mims: I have nothing.
Champion: I just want to remind everybody about the musical review (laughter). And so, can
I tell June we're going to do it, and then we'll decide what to do?
Hayek: You can say anything you want on the camera (laughter)
Champion: (mumbled) embarrassment if you don't show up.
Wright: The singing, dancing concept (several talking)
Hayek: Mike?
Wright: I just want to remind folks that we do have a special election coming up next
week. Uh, next Tuesday, and it's just an early reminder to be sure you get out and
vote.
Hayek: Thank you. Mr. Wilburn?
Wilburn: Just want to encourage the public to, uh, attend one of the many Martin Luther
King, Jr. Day celebrations in the community. The University has several things
going on next week, um, our Human Rights Commission, also is sponsoring, uh,
an event at the Senior Center as well as a, uh, day of service, and um, an
invitation to St. Thomas Moore Catholic Church in Coralville for the inter-faith
service and celebration. And I believe on Monday busses are on a Saturday
schedule? Is that correct? I think that's correct. Check the web page!
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.
Page 28
Wright: I think that's right.
Helling: Typically that's what we'll do on a...on that holiday.
Hayek: Mr. Dickens?
Dickens: Nothing.
Hayek: All right.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of January 12, 2010.