HomeMy WebLinkAbout2023-05-16 Transcription Page 1
Council Present: Alter,Bergus,Dunn,Harmsen, Taylor, Teague, Thomas
Stagg Present: From,Jones,Kilburg, Goers,Knoche,Havel, Sovers,Nagle-Gamm,
Sitzman
Others Present: LeFevre USG, Liaison
1. Call to Order
Teague: All right,well,welcome to all the councilors once again and to everyone that is here
present, and those that are virtually tuning in right now.
This represents only a reasonably accurate transcription of the Iowa City City Council regular
formal meeting of May 16,2023.
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2. Proclamations
2.a. National Gun Violence Awareness Day
Teague: The fust-the second item, are proclamations, and 2.a, is National Gun Violence
Awareness Day, and this will be read by Councilor Bergus who is in orange today.
Bergus: (Reads proclamation). Accepting this proclamation will be Monica Maloney-Mitros and
other Moms Demand Action. Thank you. .
Maloney-Mitros: Thank you. Thank you,Mayor Teague, for making the proclamation, and
Councilor Bergus for reading that. And I am addressing the city council members, all
those here present this evening,Mayor Teague, and all of those who may be on Zoom, or
will see this meeting in the future. I am here representing Moms Demand Action for gun
sense in America. And I'd like to take a short time. We've already heard the statistics, the
heartbreaking statistics. I'm not going to repeat that. But I want to ask you to honor
Hadiya,hearing her story tonight. And what I want you to know is that we can take
action to reduce gun violence,beginning right here in our community. On Wear Orange
Day, step out wearing orange. Take a friend with you. That will grow the movement.
Wear orange to show that you value each person's life. Wear orange to show you want to
honor those killed,those wounded, and everyone impacted by gun violence. Wear orange
to call for an end to gun violence, advocating for future free from gun violence. And then
after wearing orange or as you wear orange, continue that weekend and into the week and
take action. Positive action. Join with community partners such as DVIP and NAMI as
they advocate for support to those who are experienced gun or domestic violence or who
need additional funds and care for health mental issues. Participate in the Be Smart
Program. A program to educate gun owners to lock their guns,to keep their ammunition
separate from guns, so that our children and young people who may be discouraged in the
moment cannot instantly get a gun and cause gun violence and such agony for all
involved. Write, call, text,repeat. Write, call, text your legislatures,to tell them to
support common sense gun laws and to ask them to vote no on those that are not,that will
not promote safety. Support your neighborhood events, strengthening our community.
Use your social media to text and promote gun safety measures. Check-in on our Moms
Demand Action Iowa,Johnson County Facebook page to learn more about how to reduce
gun violence and get involved. Thank you all for listening. I hope to see you out wearing
your orange,promoting gun safety in our community, and taking action to move forward
so that we truly do come to a time when we are free from gun violence in America.
Thank you.
Teague: Thank you.
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2.b. National Public Works Week
Teague:. Item 2B is National Public Works Week. (Reads proclamation). And receiving this
proclamation is Ron Knoche, our Public Works director accepting. Oh,there he is.
Knoche: Mayor Teague and Council, good evening. On behalf of the 160 Public Works
professionals in the Iowa City Public Works Department, I'd like to thank you for this
National Public Works Week proclamation and your support of the Public Works
Department. The dedicated professionals who work in our engineering equipment
resource management, streets,wastewater and water divisions exemplify this year's
theme, "connecting the world through Public Works."While the providing of everyday
services made more challenging by material shortages,responding to extreme weather
events or water main breaks, The Public Works Department is ready and here to serve our
community. This year we will celebrate the 20th anniversary of the Iowa City Water
Treatment Plant and will showcase this facility with an open house this Saturday,May
20th. We invite all community members to stop by between 1:00 and 3:00 PM for a tour
of the water plant at 80 Stephen Atkins Drive. The city will have vehicles from its fleet
on display with a touch of truck event,the Iowa City Public Library mo-book mobile and
games for the public, from the parks and recreation to help celebrate. The Public Works
Open house event will be the kickoff to National Public Works Week in Iowa City. We
look forward to hosting you at the water plant and helping us celebrate the 20th
anniversary. Thank you.
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3.-8. Consent Calender
Teague: All right. We're gonna move on to our consent agenda, items three through eight. Can I
get a motion to approve,please?
Taylor: So moved, Taylor.
Bergus: Second,Bergus.
Teague: All right. Anyone from the public like to discuss any item that is on our consent agenda?
If you're online,please raise your hand and person come forth. Seeing no one, Council
discussion. Roll-call,please. (Roll Call) Teague: Motion passes 7 - 0.
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9. Community Comment
Teague: We're on to item number 9,which is community comments. This is an opportunity for
anyone to come forth on any-to talk about anything that is not a topic listed on our
agenda. If you're online,please raise your hand. If in-person,please come forth. Also,
three minutes will be allotted for each individual. We- our are clock is not working,but
we will have our Mayor Pro Tem keeping the time. And once you're here,that go off,
your time will be up and I will say thank you,thank you. All right,please come forth. We
ask that you state your name and the city you're from.
White: Hi.
Teague: Welcome.
White: My name is Sherman White and I'm here from the last meeting that I was here. I think
everybody has a copy of this. I- I was here on May 2nd. I was before this honorable
committee to report and examine several improprieties at the Shelter House. On January
10, 2023,this council awarded Shelter House 1.1 million and Crissy Canganelli,
Executive Director, $100,000 bonus. What were the merits of such a bonus?But Nicole
Chaplin still contends there is no funds available for Sherman. Both facilities 501 and
Shelter House,put out more police calls than Town and Campus and Broadway from
anything from racist attacks, drugs, guns,knives, children being in house with abusive
parents and pedophiles,male and female prostitution. Mayor Teague and the chief of
police can verify this. I was down here this morning and there was like five police cars
this morning when I was down there from 10:00-12:00 O'clock this morning, I was down
there. And I had a friend that OD'd down there recently at 501 building. And even
tonight, if I was to go down there tonight,Mayor, I could smuggle anything into either
one of those buildings, gun,knife, drugs,whatever. It-there's no-there's no checkpoint.
There's-there's no check and balance there at all.No one-no one scrutinizes anything. I
mean, and where does the-the Shelter's House budget? I mean,because everything is
donated, clothes is donated, shoes is donated, transportation is donated. Food, cough
drops,personal hygiene items, socks, Tylenol, even aspirins are- are donated. And since I
was here the last time, I have attempted to-to make contact with the staff. And so even
today, I invited Ms. Canganelli to come down here with me. And I- I can't get a hold of
anybody. They keep their mail voicemails full so I can't get through. This- my
caseworker,John Posey rode by me twice, and would not even stop. And he's out there
where I was living at- at Town and Campus and he would not stop and acknowledge me
or speak to me about anything that I have been calling him about. I- I documented all my
calls, all my emails and everything that I sent to these people.
Teague: Thank you.
White: Okay.
Teague: Yes. Thank you.
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White: Yeah. Thank you.
Teague: Yes. We're gonna go online to Triston. Welcome.
Bracewell: Hi, can you hear me?
Teague: Yes,welcome. You have three minutes.
Bracewell: Okay,thank you. I wanted to continue to follow up on the discussions on Council on
the budget for this fiscal year, this upcoming fiscal year, and comments that have been
made by the public about the police budgets. And I just wanted to again,remind Council
that they stated in the past that they needed more information from stakeholders.
Potentially make a decision to- in the future going forward allocate less funding to police.
So again,just wanted to-to follow up and keep you aware that you had made that
commitment and ask what you've done since the vote to approve the budget with the
increase in police funding. Who of you reached out to in the community?What have you
done to educate yourselves and what information you feel will be enough to make a
decision on that? So I just would love to-to hear from city council. I think as- as public
servants,that would be nice to know that you've actually taking the many many public
comments and emails and letters into consideration and whether you are any more
educated or any closer to making a decision on that. So I'll yield the rest of my time,but
that's what I had to say today.
Teague: Thank you. Anyone else?Welcome. Please state your name and city you're from and
there is also a sign-in sheet there as well.
Ramotowski: also sent some slides. I don't know if you guys have them. All right. Hello, my
name is David-David Ramotowski, and I live in the east side of Iowa City, 52245. And
I'm originally from Alexandria,Virginia. And so this is a picture of my Honda super cub.
It's my primary form of transportation. And I've been riding for the last four years to get
to and from work. Um, I'm currently a PhD student here. And,um, I was a master's
student at North Carolina State University, in Raleigh. And so that's when I started riding.
And so I like to say that I don't work to ride, I ride to work. And so this is usually where
I like to park my bike,right next to the Seamans Center,because I work in civil and
environmental engineering. And so I think it's very nice that,um,we have parking right
next to the building,you know,you can't beat that. But lately there's been a bit of a
problem because that parking is very popular, and so on days when the motorcycle
parking is full, and when the weather's bad, I like to park in the court street ramp. And so
I noticed recently that you guys installed a new parking system, and so the gates that
close over the lane are now-they extend the whole width of the lane,because before I
used to be able to drive around the gates. And so particularly from this side,which I think
is the Capital Street side there's basically only one way out now,which is to go in the
entrance lane,which I think is very,um,unsafe. And then if you go to the other side of
the ramp,you can go out the way that you would ride in. But I think this is also pretty
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unsafe because you basically have to ride across the sidewalk, and it's hard to see over all
of the parked cars and everything when you're trying to make that turn. And so,um, I
tried to email the parking department about this,but I don't think they really understood,
and so I just wanted to make you guys aware. And so I think this is important because the
cost of the parking permit is 90 dollars,but then if I was to drive my car instead, I would
end up paying 1,100 percent more if I stayed for four hours a day, or 2,700 percent more
if I stayed for eight hours,which I don't think is very sound investment for a graduate
student. And so to conclude,um, I did a bit of math, and so I found that if I ride my super
cub for 365 days, around one round trip a day, I would generate around 52 pounds of
CO2. But if I were to drive my car.
Teague: Thank you.
Ramotowski: Thank you.
Teague: Would anyone else like to address this topic, or to,um, state anything that is not on our
agenda? See no one online or in-person, can I get a motion to accept two correspondents?
Well, actually one,because that was a presentation. Well,we'll take that one as well to
co-to correspondence.
Alter: So moved.
Dunn: Second.
Teauge: Moved by?
Alter: Alter.
Teague: Alter. Seconded by?
Dunn: Your choice.
Teague: Dunn. All right. All in,um, all in favor say aye. [Voice Vote] Aye. Any oppose?
Motion passes 7-0.
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10. Planning& Zoning Matters
10.a Rezoning—2640 N. Scott Blvd. - Ordinance rezoning approximately 10.26
acres from Low Density Multi-Family Residential with a Planned Development
Overlay (OPD/RM-12)to OPD/RM-12 for the purpose of amending the approved
Planned Development Overlay Plan and Sensitive Areas Development Plan (REZ23-
0003). (Second Consideration)
Teague: We're at item number 10,planning and zoning matters 10a as a rezoning, 2640 North
Scott Boulevard, ordinance rezoning approximately 10.26 acres, from low density multi-
family residential with plan development overlay,to OPD RM-12, for the purpose of
amending the approved plan development overlay,planning sensitive areas development
plan. This a second consideration, and staff is requesting expedited action.
Taylor: I move that the rule requiring that ordinances must be considered and voted on for
passage at two council meetings prior to the meeting at which it is to be finally passed,be
suspended,that the second consideration and vote be waived, and that the ordinance be
voted on for final passage at this time.
Thomas: Second, Thomas.
Teague: Move by Taylor, seconded by Thomas. Anyone from the public like to address this
topic? See no one in-person or online. Council discussion?Roll call,please. (Roll Call)
Motion passes 7-0. Can I get a motion?
Goers: If I could,mayor, 6-0,because Councilor Bergus is recusing.
Teague: Oh, yes, 6-0,with one recusal of Councilor Bergus. Um, can I get a motion to pass and
adopt?
Dunn: So moved.
Alter: Second.
Teague: Move by Dunn, seconded by Alter. Roll call, please. (Roll Call) Motion passes 6-0.
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10.b. Rezoning JJR Davis Second Addition and JJR Davis Fourth Addition
Subdivisions - Ordinance rezoning approximately 13.00 acres of property located
within the JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions
and between Mormon Trek Blvd. and Dane Rd. SE from Commercial Office Zone
(CO-1)to Intensive Commercial Zone(CI-1) (REZ23-0002). (Pass & Adopt)
Teague: We're on to item 10b,which is rezoning JJR Davis second addition, and JJR Davis
fourth addition subdivisions located between Mormon Trek Boulevard, and Dane Road,
South East. And this is a motion for passing and adopting, can I get a motion,please?
Harmsen: So moved,Harmsen.
Alter: Second,Alter.
Teague: Anyone from the public like to address this topic?All right, seeing four individuals,no
one online. We'll ask that you come, sign in, and state your name and city you're from.
There are stickers in the back if you wanted to- oh,you have your stickers,well,
welcome. State your name and city you're from,you also have up to three minutes.
Mitchell: Great. Thank you,Mayor Teague, and members of the council. My name is Dennis
Mitchell. I'm here once again on behalf of the George Dane family trust. Before I get
started, once again, I do- do want to thank all of you for all the time that you've spent
reviewing the materials,visiting the property and spending time with the Dane family
members to-to try to get a better feel for this. There are just a few things I'd like to
reiterate as to why we believe that the council should deny the pending rezoning request.
First we believe the current commercial office zoning is much more consistent with the
comprehensive plan, including the South Central District plan, and the future land use
plan,than the pro-proposed rezoning. These plans all emphasize the importance of
buffers to mitigate uses of different intensities, as well as the importance of parks and
public spaces. The current commercial office zoning provides an important buffer in
transition from the future park as well as the neighborhood. Second, is noted during prior
meetings there is already land zoned CI-1,to the south and west of the subject property.
This makes it even more important to maintain the current commercial office zoning and
the buffer it provides. If rezoned the only access to the future part could be through areas
that have very intensive commercial uses. Moreover,with land already zoned in this
neighborhood CI-1, it seems premature at best to rezone these parcels before those
parcels have-have developed. Finally no plan was included by the applicants,with the
rezoning request, and they chose not to holding a good neighbor meetings. If rezoned the
future use is almost certainly going to be much more intensive than permitted by the
current commercial office zone. If the subject area is rezoned without a plan it's going to
be difficult to limit the impact of the future park area and the neighborhood. For this
reason we believe the application should be denied, or at a minimum, deferred,until a
plan has been submitted. Again,the-the Dane family trust is not opposed to the
development of these parcels,we just firmly believed that the current commercial office
zoning provides ample opportunity for development, is much more consistent with the
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comprehensive plan and is in the best interests of the City of Iowa City. As Councilor
Taylor's noted,there is no other park in Iowa city that has intensive commercial zoning as
a neighbor. So again,we would urge you to vote against the rezoning request. I
appreciate your time and consideration.
Teague: Thank you. Welcome. Please state your name and city you're from.
Zora: Thank you. My name is Alp Zora. I'm an attorney with the Leff Law Firm of Iowa City,
and I live in Johnson County, Coralville to be exact. I'm here today on behalf of the
George R. Dane Family Trust. There have been multiple meetings with lengthy public
comment, er, and many pages of materials already submitted. Based on all of this, there
are sufficient and legitimate grounds for you to deny the rezoning request to summarize
and just to summarize, I swear. First, the proposed rezoning is incompatible with the
existing neighborhood character. The adjacent land will become a future park of this,
there's no doubt. Intensive commercial use will impair the park with increased light and
noise pollution, among other negative impacts. Multiple council members have already
spoken about the need for buffers or conditions being placed on the subject property. This
is so because the rezoning has negative impacts on the park and in compatibility with the
neighborhood are readily apparent to everyone. Second,the proposed rezoning is not
consistent with the comp plan,the district plan, and the par-parks master plan. All of
these documents emphasize the importance of buffer zones and open green spaces, er,
between parks and, sorry,between different types of intensive use. The proposed
rezoning has no buffer zones, and so it's not consistent with these plans. Simply put,you
have enough grounds here today to deny the rezoning. Additionally,this matter reminds
me of the Hickory Hill Estates Project. You know,there the community came together to
protect Hickory Hill Park couple of years ago. You rejected the initial rezoning
application because of a lack of adequate buffer zones between the park and the proposed
development area and that led to the developer designing a better plan that had better
buffer zones. Here you're faced with a similar situation. The community has come
together and voiced its desire to protect the future park. You've received numerous
written communications to that effect and as well as verbal comments. Here,there's a
lack of adequate buffer zones as the CI-I land is immediately and directly adjacent to the
future park. As you did then,you should now deny the rezoning request. This will not
stop economic development. Instead,the developer will have a chance to rethink buffer
zones and compatibility with the park. The end result,just like with Hickory Hill estates,
will be better,more responsible development. Lastly, and Mr. Mitchell mentioned this.
There's no proposed project with this rezoning application that puts you in a position of
incredible lack of information. At the very least,you should-
Teague: Thank you.
Zora: Thank you.
Teague: Thank you. Welcome.
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Dane: Good evening,Bob Dane from Iowa City. A couple of things in light of what they have
said and what was brought up to us at the last meeting. It was suggested that the family
should become proactive and maybe establish our own buffer zone in the park property.
Two things with that, it wouldn't be ready to- soon enough to provide the buffer that you
suggested we build. And second of all,the estate plan will not allow us to build a buffer
on- on the park property in any direction on any side to unblock the view that currently
exists. Some people involved with this are proactive. The family we have been proactive
all the way through more mature x redevelopment and all the zoning who requests that
have come forward to the council. Initial Mormon Trek was going to come along the
original line. We had the city engineers come out and said, "Hey,you're going to have to
have a 40-foot cut to match the old grade to Dane Road,they moved itself to its current
location,which is a perfect place for it. It's an old right-of-way that was owned by the
county."And we have spoke to the council about all the Cl ones in the neighborhood
around that. In regard to the buffer zone and blocking the views, I spent the last 2-3 years
working on the south fence line to clear the volunteer trees. They blocked our view to the
fairgrounds to the Southeast. Billions has also been proactive. They now own all the
property from Grace Road, from Grace Drive all the way around to the White House on
Mormon Trek. And at the end of the fust reading that was approved,they began activity
south along the fence line from the farm along Mormon Trek,taking out trees and- and
fences. After the second reading,they move to the partial in question right now and res-
and removed fences and trees on the west side of Dane Road. But nothing has been
planned-nothing has been planned. So I guess my final question is, does the city really
want to have a park-have control of the 17th- 17 acres to become a park? If not, let the
executor know now and they can make it making other plans to make it available to
somebody else. But it was my father's intention for it to be a gift to the city for the use of
the-the other 17 acres. Thank you.
Teague: Thank you. Welcome. Please state your name and city you're from.
Driscoll: Good evening. I am Jane Driscoll,the eldest granddaughter of George and Marjorie
Dane. And I ran across this and you might recognize it. It's the cover of your
comprehensive plan update. And I'll point out a couple of things. These types of
diagrams, emphasis is placed on the the texts that's the biggest,which is- got the most
votes are the most mentions. And generally the,um, constituents are- are participating in
that. And I'll just highlight that there are some significant words on here,walkable
community,people,parks,neighborhoods,bike, and teeny-tiny down here is shopping
and some other like scale and some other words that are small enough that I can't read
them,that suggests that maybe those aren't quite as important as what the big letters are
that you can probably see from where you're sitting. About 10 days ago, as my uncle
mentioned,we heard a noise outside and went out and saw some workers tearing down
trees,tearing up fences along the south or the edge of Mormon Trek on the right-of-way
that was put in by the city when the-when the street was put in. And then they moved
over to the neighbor property along Dane Road and proceeded to take out not only the
trees that were inland from there but the trees and the fence fences-the fence along
parallel to Dane Road. Why would a owner spend money doing that if they didn't have
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some sort of plan in mind? The suggestion that the-the-the applicant has made,that the
role-that-that there is no plan, I- I can hardly even speak to it because it's so frustrating
that there's no-there's no plan that that uncertainty that's there seems to me a valid reason
why you could deny this or defer it. All along in this process,we've heard the supposed
park,the speculation above park,the maybe park. Well,now that I think everyone is
agreed that this is a legal fact that it's gonna be a park. All along, it was dismissed. Oh,
that's not important because we have a property owner that wants to do something,but
there's no plan. And now that you know that the park is legal, it is going to happen. It's a
fact that should create some merit and credibility in your minds.
Teague: Thank you.
Dane: And we have nothing-
Teague: Thank you.
Dane: on the other side.
Teague: Thank you.
Dane: Thank you.
Teague: Anyone else like to speak
Teague: Seeing no one in person or online, council discussion.
Dunn: Yeah. I'd like to start out on this one. Um, I have struggled with this proposal from the
very beginning. I have,to this point voted twice to approve the rezoning albeit. I have
had some reservations with that. Um, I think council and- and the rest the public should
remember that we made a direction of city staff to include the park in our comp plan
update as well as district plan update that is forthcoming. Um, I- I think though,both in
light of my own personal diving into this topic,hearing from the-the community and the
family about,um, development that is going on or- or,you know,preparing of land for
development that is going on in the southern side of the property,um, I think that that
does call into question,um, an important value of ours,which is working with our- our-
our community stakeholders,whether that be our developers, our landholders. Uh,we
want to work with them in good faith and we want to expect the same thing from them.
Um, so I- I- I'm a bit concerned at this point. Um, I have seen pictures of- of the-the
tearing down of the trees of the beginning to work with the land. And I'm again still
concerned that the same property owner that- I- I believe this is the case,the same
property owner that is working on that land not subject to this zoning owns property
within the zone-rezoning area. Uh, so,you know, again I'm concerned that something
bigger maybe going on here. Uh, and this body has in the past made it clear that we have
an interest in- in ad- and adding conditions to the zoning proposal. Uh,that is our
prerogative, and it is our problem that we have gotten into a procedural situation where
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that is not currently possible. Um, I don't think that we should ignore the public interest at
play here with regard to a future public park,with regard to our ability to listen to the
folks that own the adjacent property to impose those conditions. Something that I will
remind the body that they have asked for since the very beginning of this conversation of
us. Uh, and- and again,we have gotten ourself and I- and I think again,we're working in
good faith with each other. I don't think that was purposeful or deliberate. I think that it
was a genuine mistake. I was surprised by the fact that we weren't able to do anything at
that point. Um, so I- I want to share a little bit of my personal philosophy with what I'm
going to propose here. And I think that credit is due to Councilor Thomas on this because
this is something that is developed out of our personal conversations, and I really do
believe in it. Um, I think that in all of our zoning decisions,we have the ability to create
winners and losers. Um, at the same time, we have the ability to try to make the best
possible situation for everyone in our community in all those zoning decisions. And that's
kind of what I try to go towards when I'm thinking about my decision-making process.
Um, so I think it's our prerogative to at least me personally make sure that we don't have
winners and losers here make sure that everyone can, if we're going to pass this,which it
may seem as though we may that we can do some of the,um,the conditions that were
requested or have- at least have that conversation. We've not even had the conversation
about what conditions were requested by the adjacent property owners. I want to have
that conversation. Um, I want to actually be able to do something about it and- and
understand the-the ramifications of those decisions. Um, so at this point,um, I- I do
believe that we made an oversight procedurally in moving forward without conditions.
And I- I would like to ask if the property representative is present to answer some
questions. Is property representative present?
Marner: Jon Marner with the MMS Consultants representing the developer as best as possible to
try to address the questions.
Dunn: So there's a developer- so there is a developer?
Mamer: The owner,the applicant.
Dunn: Okay. The applicant. Okay.
Marner: Correct.
Dunn: So are- are you aware of what's going on with the adjacent properties to the south?
Marner: With respect to the-the fence clearing or the fences and the tree clearing?
Goers: Yeah. I'm sorry. I feel like I need to intervene. And a couple of scores. One, I don't think
it's legally appropriate to talk about what's going on on property that is not subject to this
rezoning unless it bears direct result or impact on- on this property. And so I- I don't
think we should ask this gentleman about that. Furthermore,there has been discussion
both from members of the public and from council about the absence of a plan and so
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forth. I just want to be clear that that is fine. They can-they can apply for a rezoning
without a plan. We cannot require them to come forth with a project and so forth. And it
would be an inappropriate reason to deny the rezoning just because a project plan has not
been put forth. That's all.
Dunn: So,um, I think we're-we're good with you,but thank you very much for answering.
Manner: Thank you.
Dunn: Um, I guess my-my concern then comes less from, of course,we can't require them to
present a plan,but the fact that we have been told in the past that no such plan exists and
that we can observe the development is going on in the area. And I know that that is not
in and of itself a reason to deny, and I would not vote to do so,but it does raise some
questions that I have. Uh, so my proposal to the body is to allow us to kind of figure out
the situation with regard to conditions to understand to better understand what the
conditions requested by the adjacent property owners would be,to give those
considerations proper consideration and to look into expand or look into opening the
legal process that would be required to impose those conditions. Um, into that end I
would request a deferment of this until that can be completed. Um, I don't see again,this
as a reason to deny the rezoning. And at this point, I'm not saying that I- I would vote to
deny the rezoning,um,but I do think that we have an obligation, at least me personally, I
feel as though we have an obligation to try to make the best situation for everyone. Uh,
that means for the adjacent property owners,that means being able to address the
situation holistically. And I think that we have,um, inadvertently procedurally tied our
hands in that way. So my advocacy is going to be for a deferral.
Teague: I wanna ask,um,the-the council did have this discussion on,we lost the ability to do
some,you know, some conditions. And then we asked for our staff,Danielle,to come
forth and tell us, like, in light of the procedural you know,pickle that we've found
ourselves in,you know,how does some of our desire needs that,you know,the
community has mentioned,you know, can play out. And to my knowledge,um,the staff
took clear head on what this council direction was, as well as the just, the-the-the code
itself, the things that they would have to,um, do is already there. And so I hear the
request for the deferment,but I do feel like we've already fleshed out that. And at that
moment, I believe this cou-the majority of its council felt comfortable with that. And so
for me,you know, I do hear the need, and I agree that it's something that we want to
make sure moving forward that there's not,um, institutional memory loss,but there's also
things within the code that will just meet some of those standards. So for me, I'm going to
be supporting,um,this rezoning,keep-while keeping in mind that the things that the
community that you just mentioned that they want and want,um,may not be all the way
there,right?But the-the elements of making sure to the best of the ability to be a good
neighbor is there. And so I'll be supporting this.
Alter: May I ask a couple of questions, and one I think is for Eric and the other may be for
Danielle. Um, so my understanding is that if this goes forward and it's rezoned or if it
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doesn't and it's commercial,whatever, at the to-no, let's go with if it is to- to the
proposed thing that at the time that a developer may come forward,that that's the time
that we-there are conditions that come in for particular kinds of use,right?Like the
intensive automotive. That would be one we can talk about conditions and/or that there
are conditions already built into the code for certain types of use. You see, I'm like once
to you and once to Danielle.
Goers: Yeah.No, I do. And I think it's mostly as to the latter. That is-
Alter: Okay.
Goers: -we're talking about a major site plan review. And as I mentioned previously, it would be
hard to imagine a development here that would not qualify as a major site plan as
opposed to a minor site plan development. And therein,um, in city code already,there's
any number of requirements that are built in there and we've already received-we staff
have already received guidance from you that if,you know,there's any kind of discretion
for- at least for developments that are on Dane-bordering on Dane Road. My memory
that was one of the conditions that you folks were interested in,that you know,we be
exceedingly careful and respectful of the future use of the Dane family trust property as a
park.
Alter: Thank you.
Goers: Sure.
Alter: Just refresh my memory because it seemed to me that like with the- like intensive
automotive,that there are already things built into.
Sitzman: So Eric, do you want to talk about what's appropriate within zoning for conditions as-
as far as the timing of conditions,there are no conditions on a site- site plan? It's an open
legislative review done by staff to code with very specific criteria in the code. But
knowing the direction we got on the last meeting regarding this topic,that's also a part of
this now. I don't know if your question about when to place a condition is still a question.
Sitzman:No.No.
Goers: Well, the other part of it I'm sorry, and I forgot. I should have mentioned this earlier was
that if any- if the neighborhoods and- and development director, services director under
code is empowered to send any major site plan to Planning and Zoning, again,not
Council,Planning and Zoning for their review and again, for any development that's
going to be bordering on Dane,the understanding from staff was that either Tracy
Hightshoe or her successor,whoever,um, is in that position at that time would send it to
Planning and Zoning to make sure there was good public input and transparency about
that.
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Bergus: I think Mayor Pro Tem,maybe what you were referring to was within the code. Sorry,
Danielle. I apologize. We may need you still. Um, that there are use-based requirements.
There are certain uses that then trigger, for example, different kinds of buffering and that.
Sitzman: Some- some of the things that are reviewed during site plan are uh, triggered by either a
zoning district or they're triggered by an element of the site. So parking areas,regardless
of the zoning district have screening standards and the screening standards are certain
level of screening. And it may- it's more to do with what it's next to than the zoning
district. So there are standards that are kind of a mixed bag of what triggers what that-
they definitely are in the site plan review criteria very clearly to follow.
Alter: Ilia- thank you for that.
Sitzman: Yeah.
Bergus: I just recalling our last conversation. Yeah. It's not a condition that we are imposing. It's
already in the code. Right. Thank you.
Alter: That's exactly right.
Dunn: Sorry, I didn't mean to interrupt. Go ahead.
Bergus: I was just going to kind of harken back to,you know,the last couple of meetings that
we've had. I- I do just harbor- I- I mean, fust of all, I think we are-we have
acknowledged that this will be a park and I appreciate the care with which that has been
reiterated so that we,you know,that we're not equivocating on whether it will be a park,
whether it is the Natural Heritage Foundation or the city,whoever, or the county,
whoever is managing it,we understand that it will be a legal reality that it is a park.
Where I harbor reservations in turning down the zoning in this particular case is that,you
know,there-there is just a half of maybe the smallest border of this piece of land that
abuts the property that we're actually talking about,that is the-the Dane family trust
property. And so I just think it um, it sets a really difficult precedent if we're saying we
can't rely on the standards that are already in the code as far as screening and buffering.
And we can't rely on the direction that we've given our staff, and we can't rely on other
legal protections like nuisances that give adjacent property owners the ability to say,hey,
what you're doing on your property is causing a problem for me. We have recourse for all
of,you know, sort of all of those stages. If we turn it down, even with all of those things
in place, I just- I think that's setting a precedent that I'm not comfortable setting, so I very
much appreciate the family's concerns and I know it's the other part of the family that
owns,you know,the property that we're talking about to be rezoned as well as the
immediately to the North. So it's- it's a complicated situation and we've spoken to that
this is not,you know, a super straightforward decision,but I just wanted to reiterate some
of the reasons why I'm not comfortable saying no to this rezoning with everything that
we've discussed.
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Thomas: Well, I certainly appreciate Councilor Dunn's concerns and,you know, I think I myself
I have it expressed how,you know,particularly with the CII zoning category,which is
kinda one step below industrial zoning. Um, and in the code references the fact that- fact
that there are-there's a need for special consideration with respect to the impacts
generated by a project that's CII zoning. And given- given that as- as a starting point, it
certainly seems to me,you know, as a councilor, I have- it's difficult to be able to
effectively respond to what those special needs may be with respect to the buffering of
potential impacts. I'm not- I'm not opposed to the Cl- CIl zoning. Um,there are-there-
I'm sure it's a- it's a grab bag of land uses that are allowed under CII that-that in some
ways is why it's so difficult to predict what the outcome may be. Uh, some may be very
benign and others may have a significant impact. We just don't know. And so I am drawn
to the idea of deferring. I'm not opposed to the rezoning of CII,but I- I do feel that a
deferral,um,may help us in being able to-to better understand how we can address this
interface that the rezoning would generate and come up with the most effective remedies.
Alter: I just want to, um,thank the Councilor Bergus for enumerating the-the protections that are
already there, as well as,um,honestly a trust in our staff to be able to,um,you know,
work through the codes as they are written and to-to understand as well that there-there
are some recourses as far as nuisance laws,um, and so,um, if she did a much better job
of enumerating those. But,um, I have to agree that at the same time, er,my heart is with
the park, I do believe, and I know that, and I'm incredibly happy that the park is- is a
reality, it's- it is there, it's going to happen. Um,but it is one portion of land that all
surrounding it is already zoned. Um, and as far as,you know, as- as Eric pointed out,you
don't have to have a plan to have this rezoned. Um, and so as complicated and as
emotional truly for me as this has been, I also am very hesitant. Laura talked about it in
terms of cer- certain precedents,um,that are already in place that would be bucking. But
I also think that from a really macro view,um, there are so many components that we
would have to play twister to be able to say as a council,we need to not attend to those
pieces that are already in place to appropriately make sure this land is,um-to use this
land appropriately while respecting adjacent land. I don't think that as a council, as a
body that we should become this granular in- in- in dictating exactly what should be
happening with a particular piece of land. That's I- so I- I will still be supporting this
motion.
Taylor: Well though to previous votes, I've made my position quite clear. Uh, it's obvious,um,
how-how I feel about this and as was mentioned,the one major thing that I keep
stressing is that we have so many parks and parks are important in our community. And
not a one of them is bordered by intensive commercial. And I just think that that's a bad
precedent to set and it's just not a good thing. And I'm a lit- saddened to hear that we can't
require a plan because I- I- I do have a problem with understanding that. It- it seems so
open-ended and un-unpredictable to me and I mean, I liken it to going into a voting
booth. You certainly wouldn't go into a voting booth and check the box that says
unknown. Yo-you wouldn't do that. You wouldn't go to a restaurant and order something
from menu that says unknown or uncertain. So why on earth with something important
like this,would we go into this and vote on something that's-that's unknown,we don't
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know what it's going to be or how compatible or not compatible it's going to be with the
su- surrounding beautiful green space that's being given to us. So I'm- I'm again going to
be voting against it as far as uh, councilor Dunn's motion to defer if it would help us to
move along with this and- and find an effective answer to this that's compatible with-
with all parties involved. I- I would go along with that.
Teague: I get. You already in.
Goers: I just wanna interject before councilor Harmsen has an opportunity to speak. I'm sorry,
that's came off wrong. I don't wanna-
Harmsen: Your good.
Goers: Thanks. Uh,what I wanted to say was this. I can imagine,um, a council conversation
about the kinds of steps that council can take in order to buffer shield properties, such as
the trust,property that uh,will be featured,parks and so forth. I- I could see the value in
that. However, I'm- I'm struggling to see the value of a deferral here in that even if
council has this discussion and comes with a laundry list of conditions, I'm not sure to
what vehicle you would um, adhere them,um,that is as we discussed earlier,the
conditional zoning agreement,you know, is- is gone with the closure of the public
hearing. Um, I'm not sure how we would impose conditions other than the conditions
already required by uh, ordinance in the major site plan review. But if you were to come
up with a bunch of different things, all of which would have merit I'm not sure what we
would do with that information, and so I want to make sure that if council wishes to
defer,that you would recognize that you might spend some time coming up with what
would otherwise be a highly merited list,but I'm not sure what you would do with it. So I
don't want to allow council to retain hope that you can impose that uh, a list of conditions
at any point in the future?
Dungg: May I say?
Goers: Sure.
Dunn: Yeah. I- I think you know, even if we chose not to go with a conditional zoning agreement
as a- as a vector for getting these conditions, a deferral would give us time to better
understand the protections that exist as they are in a more detailed capacity as well as you
know,understand what the potential desires of the adjacent landowners are and,you
know,we could potentially address those things by changing the building code. As I
understand, changing the building code or changing the zoning code.
Goers: Well, the building code doesn't really relate to the topics that we're uh, discussing. Uh,
zoning code could,but unless you impose a moratorium,which we have not done and-
and I don't think would be appropriate certainly at this stage of the proceedings having
already voted yes two times. Um, I don't- I don't really know that either of those changes
would be on the menu.
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Dunn: And why-why not?
Goers: Well, do you want me to follow up on the building code do you understand?
Dunn: Well, sir really what I'm trying to say is,you know,the-the-the protections that everyone
is talking about already existing. And sorry for my ignorance for where those come from
or what those are,um,but again, acknowledging that I am ignorant to what those things
are,um,what would prevent us from during a deferral amending that to ensure that we
are satisfied with-with protections?
Goers: Well, I- I think the answer is because I don't think you can impose a moratorium at this
stage of the proceedings as a short answer,um, and I think that's what would be required
for you to kinda move the goalpost, so to speak, in the middle of the game or two-thirds
of the way through the game. Um, so I don't think that's an option available to council.
Again, let me be clear. I can imagine the value of that conversation on a broader scale.
And I know that there has been discussion by council about,um,you know,having staff
go ahead and move forward with the district plan amendment as part of a broader comp
plan review and to view the George Dane trust property as public um, and- and that's all
already in the works,um, it's just the you know,kind of things that we're talking about
tonight. I think that are,um, legally problematic.
Bergus: I don't know how much this is weighing into,um,my colleagues decision-making,but I-
I was just curious about the idea of the adjacency of different zoning to park. So just from
pulling up the zoning map while we've been speaking this evening,there is CIl adjacent
to Napoleon Park. There is industrial uh, adjacent to the Mesquakie park, and Sturgis
Ferry Park, and immediately across the road from Ryerson Woods and the Johnson
County Fairgrounds. So that's just a-just from looking at one place that is closest to this
proposal. I think having high-intensity uses adjacent to parks is not something that we
don't have.
Fruin: Yeah. Thank you, I was going to comment on that. I think it's important to-to point that
out. We do have very high-intensity uses next to some of our most beloved parks. If you
think about Terry Trueblood recreation area to the north of that sits our Public Works
campus. That would be if it not zoned public would be an industrial type of zoning,um,
across the street from that same park you have S&G Materials,um,which would
definitely be an industrial type of use. You even have industrial next to Mercer Park
across the railroad tracks. You have an industrial that will be adjacent to the future east
side sports complex that's been planned. And then you also have what would be industrial
next to Waterworks Prairie Park and Kickers Soccer Park in our wastewater plant and
our- and our water uh, treatment facility and you have a lot of other you know,heavy
what I would consider intense uses right next to parks,right. I80 goes by a number of- of
our parks, including some of our kinda natural areas,Waterworks Prairie Park and-
Hunters Run Park is along 280. So pa-parks can exist next to intensive uses and still be
very much enjoyed and heavily used by the community.
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Harmsen: - I don't have a whole lot more to add. I think that Councilors Bergus and Alter sort of
gave us a nice recap of what we've already discussed in previous meetings and- and you
know,what I said in previous meetings, I have nothing-nothing really to add to that.
Teague: Okay. So I have not really- I mean, I've heard talk about a possible proposal for
deferment,but I haven't heard a motion for deferment.
Dunn: I will move.
Teague: So moved by Dunn.
Goers: Clear. Do you- differing to a date certain, do you have a date?
Dunn: -Uh, diff- let- let- let's say,you know to meetings prior,next-the next not next meeting,
but the meeting next. Whatever that would be.
Teague: So that is-
Thomas: I'll second that.
Teague: Moved by Dunn, seconded by Thomas.
Goers: Okay. To June 20th for the record.
Teague: On- I think we'll just do roll call,please. And this is for the deferment-
Goers: Sure.
Teague: Until June 20th.
Goers: All right. No need for council discussion on the motion?
Teague: Council discussion.
Thomas: Well, one thing I would- I would say is, you know,just in listening, I- I think it is
interesting to hear that there are in fact,um, parks in Iowa City which are adjacent to
CIL Um, one potential use of- of the deferment would, in my mind,be looking at those-
those sites and trying to get an understanding of how that-that adjacency has been
addressed to ensure the-the impacts of that zoning,um,have been mitigated,um, so that
the park experience is- is left whole. Um,you know, I'm a- a strong supporter of looking
at existing- at- at precedence of examples of where you have the interface similar to what
we're talking about now which could help inform the process that-that we're looking at
being in place should we support the rezoning.
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Dunn: I just like, go ahead.
Teague: I just wanted to give a procedural, I- and just clarify that. Sothis is going to be a vote
for the deferment until June 20th. If that passes,then it'll be deferred until June 20. If it
fails,then the original motion to pass and adopt,we would vote on that. So I just wanted
to let people know what that procedure would look like.
Teague: Any other comments?
Alter: So I guess one of my questions is in the years,you know,to-to press a pause,to be able to
learn more about what kinds of conditions,not ones that we would impose,but ones that
already accompany certain uses,right? Is that what- I mean,that's-
Thomas: I mean,that's what John just said.
Alter: Okay. Well, certainly I understood when you were talking about the adjacency of how
these existing parks mitigated that or how they became good neighbors to one another.
Thomas: What's the relationship between these-these-the park use and the CIl use,whatever
that may be.
Alter: Right. And then I thought I understood, and so correct me if I'm wrong,that-that you were
interested in getting more clarity about what the certain types of uses of buildings,what
the accompanying conditions already in the code are, such as like,you know, I mean, I'm
remembering from a couple of years before I was actually on council,but the area where
Paul's is or was and now it's Harbor Freight that,um, there wasn't enough light shelter,
right,that it was coming over, so it's things like that. So you want to pause to be able to
find out more about what those types of things are.
Dunn: Yeah. Pause-pause to find out more about those things being able to present. Those two
are adjacent property owners,whether or not we're going to vote it up or down. I don't
think,um, and I would make it very clear that-that in my deferral is not an indication of a
lack of support. I just think that it's- we should do a duty when we have procedurally tied
ourselves from being able to look into this or pardon me,being able to,you know, add
conditions that I would personally support. Um, I- I think it behooves us to-to just,you
know,not take that opportunity. And again, it's not- it's not a yes or no to the actual
proposal, it just gives us some time to go into this just a little bit deeper.
Alter: Yeah. I just- I recall Danielle, actually, I think it was at one of these meetings,talking,
maybe that was the fust one,thank you, about what the conditions the built-ins were for
code when it was heavy presumably a car lot essentially since we were looking at
neighboring businesses and so yeah.
Fruin: And I'd just like to add,that's something we do as staff on a daily basis. People call and
they ask questions about what might happen on this property next to us. We walk through
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the code and we can explain those code provisions. It doesn't necessarily have to be done
at this table if it's not going to and it really can't influence your vote. Um,we're happy to
do that with any- any property owner in town.
Teague: Are we ready for a vote?Roll call,please
Harmsen: Motion to defer,right?
Goers: Motion to defer.
Teague: Motion to defer.
Goers: Right. (Roll Call)
Teague: Motion fails 4 - 3. We're onto motion to pass and adopt?Any more further comments?
(Roll Call) Motion passes 4—3. And I want to thank everybody for coming out for this item.
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11. Regular Formal Agenda
ILa Transit Funding Application -Resolution authorizing the filing of an
application with the Iowa Department of Transportation for FY2024 State Transit
Assistance and Federal Transit Administration funding.
Teague: We're going to move on to l La,which is a transit funding application. This is a
resolution authorizing the filing of the application with the Iowa Department of
Transportation for fiscal year 2024, State Transit Assistance, and Federal Transit
Administration funding. I'm going to open the public hearing and I'm going to invite
Darian back up. Well, from earlier.
1. Public Hearing
Nagle-Gamm: Good evening,Mayor, Council.
Teague: Welcome again.
Nagle-Gamm: I fust want to let you know that- and make you aware that there are updated
funding numbers in a late handout. So please draw your attention towards that. The
resolution before you tonight is for a- our consolidated transit funding application. It is an
annual application filed with the Iowa Department of Transportation listing all the capital
and operating expenses for which the city seeks funding,um, from the Iowa DOT and the
Federal Transit Administration. The projects contained in the application have been
programmed into the Iowa City transit for FTA section 5307, 5310, and 5339 funding for
FY24. The projects will be included in the FY24 Iowa DOT consolidated transit funding
application and the MPOJC,the venture policy and planning organization of Johnson
County's Transportation Improvement Program. Iowa City Transit may not seek funding
for all of these projects. However,these projects need to be in and listed in this document
in order to become eligible for federal funding. The total amount of the projects,the
funding being requested is approximately 30 million. Specifically, the specific allocations
are for state transit assistance program. We're requesting $692,000. For federal operating
assistance for transit,that's our 5307 funding, it's 2.95 million. For federal funds for
transit in non-urbanized areas or for transit serving primarily elderly persons or persons
with disabilities. This goes to help support our Johnson County seats paratransit services.
The funding request is 177,000. And last but not least,the statewide federal capital
assistance for transit,which would be 5339 funding which would come through grant
awards would be approximately $30 million. These funds include all of the capital
projects that Iowa City Transit wishes to see funded. So this includes replacement and
relocation of the transit facility. That's a-that's a big ticket item, electric bus
replacements, and bus shelters. And typically local match is required,um, for- for any of
those federal funding awards.
Teague;Any questions?
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Bergus: Darian, I do have to ask on the late handout, I just want to make sure I'm- I'm
understanding. In the fust paragraph,there's a summary, and it says the,um, last
sentence,the total amount of funds being requested in the funding application is
approximately and then there's the number replacement, and that should be the sum of all
of these or just the-because it looks like that's just the statewide federal capital
assistance. Should that be like 34 million instead of 30, correct?
Nagle-Gamm: So you're correct. So the total funding,that would- should probably read to be
accurate,the-the funding request for the-the competitive grant funding applications is
really what that should read.
Bergus: Okay.
Nagle-Gamm: You're correct. So in total, the total would be the $30 million, which is the
competitive grant funding request or the eligibility for federal grant funding. And then
you're correct. The 609,that would be in addition to the 692,000 per state transit
assistant,the 2.9 million for our federal operating, and then the 177 for 5310.
Bergus: Thank you.
Nagle-Gamm: Yes. Thank you, same.
Bergus: And I will say as my fourth- entering the fourth year and serving an NPO also, it's all
finally making sense. .
Alter: I look forward to that in three.
Teague: All right. Thank you. Anyone from the public like to address this topic please come
forth. Seeing no one online or in-person, I'm going to close the public hearing.
2. Consider a Resolution
Teague: Can I get a motion to approve,please?
Goers: Well, I'm sorry to interrupt. Just so we're clear,we're talking about approving the revised
resolution that it was in the late handout,just so we're clear for the public?
Teague: Yes.
Goers: Updated numbers.
Harmsen: So moved,Harmsen.
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Bergus: Second,Bergus.
Teague: Council discussion. (Roll Call) Motion passes 7-0.
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1 L Solid Waste Services Fees - Ordinance Amending Title 3,Entitled "City
Finances, Taxation And Fees," Chapter 4,Entitled "Schedule Of Fees,Rates,
Charges,Bonds, Fines,And Penalties" of the City Code to increase or change
charges and fees. (Pass and Adopt)
Teague: Item l Le, solid waste services fees resolution adopting the fees for solid waste. Services
for items left on the public right of way and resending resolution number 10-138. Can I
get a motion to approve,please?
Bergus: So moved Bergus.
Alter: Second Alter.
Teague: All right. And we're going to bring up Ron. Welcome.
Knoche: Good evening. Uh,this is a resolution that is adjusting our 24-hour take procedure fees.
Uh,these fees have not been adjusted since 2010. Um so the- for the minimum charge
would increase from $70.50-$76.50. Um this does not include the charge for the actual
item. So if they- if they would leave a appliance mattress,there's also $20 charge that
would be a part of that 24-hour tag piece. So this is just the fees for our staff to want to
pick it up. So if- if they if they don't call in and- and schedule a pickup, it's observed on
the right-of-way, it's tagged. Our fee is- is increased by six dollars for that process.
Alter: And it goes to whoever the property owner is listed?
Knoche: Correct.
Teague: All right. Any other questions or comments or questions? Thank you. Anyone from the
public like to address this topic? Say no one in-person or online Council discussion. (Roll
Call) Motion passes 7-0
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14. City Council Information
Teague: We're at item number 14, City Council Information.
Alter: I just have a small piece um,that two weekends ago there was a great 5K in the Riverfront
Crossings of Girls on the Run,which is uh,wonderful national non-profit that has a really
strong local um, Iowa contingent. And it's for girls um, from grades three through eight,
where they undergo um, I think roughly eight weeks of training, six weeks to eight weeks
of training to run and or walk a 5K. But along with it, it's about um, confidence building,
collaboration, self-esteem and it is pretty freakin spectacular to have seen all of those
girls and their run buddies and families. The energy was fantastic and it's a fantastic place
to hold the 5K. Um so I just give a big shout out to that organization here in Eastern
Iowa. They had a great representation through the Iowa City School District. And just
congratulations to all the girls and their families and friends who attended and ran.
Dunn: Congrats to all of our University of Iowa graduates uh,who graduated just over the last
weekend. So if they're watching,well done. You can give our regards.
Alter: Graduation requirement.
This represents only a reasonably accurate transcription of the Iowa City City Council regular
formal meeting of May 16,2023.