HomeMy WebLinkAbout2006-06-27 Transcription
#4
ITEM 4
Wilburn:
Sanders:
Wilburn:
Sanders:
Page I
COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA)
This is for items that do not appear on tonight's agenda. If anyone wishes
to address the Council, please approach the podium, write your name
down, state your name, limit your comments to five minutes or less.
Again, this is for items not on tonight's agenda.
Good evening. I'm Gary Sanders. Mr. Mayor, just a question. I'm going
to be speaking briefly about the, my proposal on the referendum. I didn't
know if you wanted me to do that now, or when we get to the Wal-Mart
item coming up.
Well, a referendum is not on tonight's agenda so.. .now would be the time.
Ok, all right. Thank you very much. My name is Gary Sanders and I
submitted a proposal to the Council that asked for a referendum, even a
nonbonding referendum, on the rezoning and sale of22 acres of public
land to the Wal-Mart Corporation for the development of a Supercenter,
and I realized when I did that that the City Charter had been changed
and.. .so that we no longer could have such a referendum, unless the
Council worked with the City Attorney and the County Attorney to
perhaps give us a special exception since Wal-Mart's had a special
exception in this already, and is seeking another one on the 12th ofJuly, or
I suggested a nonbinding referendum, which we have had in this city
before, and I thought that might be a way to settle this hash once and for
all because Bob and Mike, especially Bob, has said that the majority want
this Supercenter on this public land and I and a few malcontents are
blocking this and you didn't say malcontents, Bob, I'll give you that.
That's my mother's phrase for me. Yeah, so that's why I asked for it,
because I believe a vast majority are opposed to the rezoning and sale of
public land for this, and I have with me a copy of the Chart~r
Commission's report from January of 05 that did away with our ability to
have a referendum on a zoning change, even though it's my understanding
that, and I don't mean to misquote you, Eleanor, that you had thought that
maybe the (unable to hear) would not have been allowed under the law. I
don't know. All right. Anyway, sorry. That's really why I brought the
whole thing up, and I think it was a huge mistake for the Charter
Commission to do this and I just want to read one sentence of this because
I know my time is limited. It says the Iowa Code sets out a very detailed
process for amending a city zoning ordinance and relating maps, including
a public hearing; consideration by the Planning and Zoning Commission
and City Council, and supermajority requirements upon objections by
property owners, and quite frankly, I think everybody here knows that by
the time the public hearing was held on this on March I st, the deal was
cooked. So, it's not like the citizens really had any serious input into this,
and I'm not suggesting that there was anything untoward or unethical or
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of June 27, 2006.
#4
Elliott:
Sanders:
Elliott:
Sanders:
Wilburn:
Elliott:
Sanders:
Elliott:
Sanders:
Page 2
illegal or anything like that, but everybody had their minds made up and
so I think that the change in the Charter has been a huge disservice to this
community, especially when you consider that these 54 acres are the last
remaining area of public land that is available, and again, Bob, I'll end on
this. You know, your comparisons to Hy-Vee, with all due respect, are
not accurate. Hy- V ee is small, I mean, company based here in Iowa, with
a couple surrounding states, and comparing it to a company with revenues
of $300 billion all over the world, that has a history of litigation, going
back to the earliest days when Sam Walton tried to cheat his employees
out of paying minimum wage in the early 60's. Now they're having, you
know, legal problems with locking workers in over night, gender
discrimination suits, race discrimination suits, destruction of small town
businesses, holding the baseball bat to the heads of major suppliers, like
Rubbermaid, causing them to face serious economic consequences, and
finally, leading the charge to China, which we now have a $200 billion
trading deficit with, and that is on their head, and Bob, with all due
respect, that is a blasphemy to Hy- V ee, to compare them to Hy- V ee, truly.
I understood the point you were making that the little grocery stores went
out of business because of them, but to compare them - it's not even
apples and oranges! You know, it's a grain of sand compared to a
mountain. What Hy-Vee does doesn't mean squat in the rest of the world,
with all due respect to Hy- V ee. Wal-Mart is controlling the retail sector
across the board of the entire world, and is influencing companies in other,
all other aspects, and I want to give you tonight, Bob, a present ifI could.
I'd rather have money.
Well, I'll tell ya what! I'll throw in....
$2.99, Regenia said! (laughter)
I'll throw in a gift certificate to Hamburg Inn, and...I'm going to give you
this "Wal-Mart, The High Cost of Low Price" and I would just appreciate
it if you would watch it and afterwards, call me and tell me you still think
the analogy holds between Wal-Mart and Hy-Vee. Thank you.
Thanks for your comments.
I'll watch it. It'll go in the City Library then.
They already have a copy.
Okay. Thanks, Gary.
Tons of books about Wal-Mart, none about any deleterious effects ofHy-
Vee.
This represents only a reasonably accurate transcription ofthe Iowa City City
Council meeting of June 27, 2006.
#4
Wilburn:
Altomus:
Wilburn:
Altomus:
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Would anyone else care to approach the Council?
1'd like to speak on behalf of the street vendors.
Could you please state your name?
My name is Tony Altimus and I went and... the proper procedure of
putting an application in for the Ped Mall for a vendor, and I was denied.
So I went and got a Health Permit and rented storage and everything, and
opened a street vending cart. And I sell on the side of the sidewalk, I
don't block no traffic, and lot of the people like our food and everything
and, I'm just a small business. We're...for many years trying to open a
small business. I got employees now, you know, and right now you guys
are saying that since other vendors are complaining that we don't pay a fee
like them, we're willing to pay a fee, if we could. I pay parking there. I
park there, you know. IfI'm there 365 days, that's a thousand some
dollars. That's a lot more than $720.00. I would be glad to pay $800 to
$1,000 to run my business. I live offmybusiness. I have no other income
coming in but my business that I started up. I invested all I had into it.
Worked hard many years and I've got employees. I got an accountant I
pay for. I've got to pay my taxes every year, just like everybody else, but
if you stop the vending, I got to pay. . . when they file for unemployment. I
gotta still pay taxes because I was selling things, and how am I supposed
to do that - pay my bills and everything like that when you guys say, you
know, I'm just a small person, Native American, you know. Trying to run
a business. There ain't too much here for Native Americans. They
stopped the pow-wows and there's very few Native Americans going to
the University now, and I'm just trying to run a small business to support
my family. I'm giving people opportunity, any race, creed - I don't
discriminate about ajob, as long as they're clean, proper, you know, know
how to run things. I give emjobs. I help the homeless. I help Conner
Center, the handicap people. I help a lot of people, and I feel by knocking
out the small business person, you know, the opportunity to try to make a
living by, would hurt, you know, the small people like in the community
that I give jobs to and my family that I support, because, you know, you'd
be running another Native American out of Iowa City because you would
shut my business down. I'd have to relocate or sell my little things that I
did invest in, and I feel if you allow this to run, maybe more Native
Americans would come down, maybe try to open a business, maybe my
tribe would support me more to open a bigger business, you know, a
restaurant or something like that in town, where we could sell our food all
from there, or something like that, but I feel that by closing it down would
kind of hurt me and my family. It's like a ripple effect. You hurt me, the
people I employ, everybody - my accountant that I pay to hire. She loses
another person for that. So it's like a ripple effect down the line. It's not
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of June 27, 2006.
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Dilkes:
Altomus:
Dilkes:
Wilburn:
Karr:
Wilburn:
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just something I invented and carne out with. I went through the proper
procedure just like everybody else. They had an opportunity to corne out,
just like I did on the street. They didn't have to go to the Ped Mall. I
mean, I wasn't even knowledgeable until last week, the paper carne to me
and asked me would it hurt my business. I didn't even know you guys
were discussing the shutdown, or I wouldn't have invested all this money
into open the business, you know. And now if you guys decide...
Can I interrupt you, sir? For just a moment.
Yeah.
I think this is Item 13 on the agenda. I believe that's what the gentleman
is talking about.
Sir, I'll have to, sorry I didn't catch that, but this is related to Item 13,
which is on tonight's agenda. So, you'll have to wait your turn, and this
is...tonight will be second consideration of this. It's an ordinance change
and that requires three readings of an ordinance. So, tonight will be
second consideration.
Mr. Mayor, we are... staff is requesting, we are requesting expedited
action, just so you know.
Okay, it's possible that a third reading could occur tonight, if enough
Council Members were to see fit, but I'll have to ask you to please hang
around and make your comments then. Sorry I didn't catch that. Would
anyone else care to address Council on an item that is not on tonight's
agenda? Okay.
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Council meeting of June 27, 2006.
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ITEM 5 PLANNING AND ZONING MATTERS.
b) CONSIDER A RESOLUTION OF INTENT TO CONVEY
FORMER BENTON STREET RIGHT-OF-WAY AND
AUDITOR'S PARCEL NO. 2006081 LOCATED TO THE
NORTH AND EAST OF 708 S. RIVERSIDE DRIVE, TO
PROFESSIONAL MUFFLER INC, AND SETTING A PUBLIC
HEARING ON SAID CONVEYANCE FOR JULY 18, 2006.
Champion: Move to set the public hearing.
Wilburn: Moved by Champion.
Bailey: Second.
Wilburn: Seconded by Bailey. Discussion?
Vanderhoef: I would like Council to consider deferring this until we can have a
complete discussion about how this comer may develop or change over
time, as far as I'd like Public Works to address us about the street, both
Highway 6 and Benton Street, and potential change in number of lanes as
we do some changing on both Highway 6 and on Benton Street. I'd also
like to take a look at the park down in there and see what we can do to
enhance that park. I'm looking at more green space in that area and more
visibility to that Ned Ashton Park. So, I'djust like to have a work session
on this before we move forward or give someone hope that we may vacate
this.
Correia: This is a setting of a public hearing for the 18th, so we would be able to
discuss some of those issues at our work session on the 17'h, wouldn't we?
Vanderhoef: Potentially we could, if there's room on that work session.
Bailey: We always seem to make room on our work session.
Atkins: I haven't gone over the 17th yet. And of course you could...
Correia: This is the setting of a public hearing. We're not, we're...
Vanderhoef: No, this is a resolution of intent, to sell.
Correia: Right, so the public can address either.
Elliott: We heard last time that resolution of intent is strictly a legal term that has
little or no commitment on the Council's part. Is that correct? Yeah.
(laughter and several talking at once)
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of June 27, 2006.
~ P~6
Dilkes: No, there's no commitment on the Council's part. It's just, it's, we may
change that name, but it's just setting a public hearing. We'll call it a
proposal.
Vanderhoef: Well, I'm thinking that it's confusing perhaps to the public too, that if they
see intent, that may affect how they perceive it. So...
Correia: . . . would be signaling how to react, in support of the intent or not in
support of the intent.
Dilkes: We have to call it something. State Code requires that you set forth a
proposal when you set the public hearing. So, we either have to call it a
resolution of intent or we have to call it a resolution of proposal, or... we
have to call it something, but you certainly could look at calling it
something different.
Champion: . I'm not willing to defer it, Dee. I'm willing to discuss it again, but if we
defer it, this person wants to redo their business that was damaged by the
tornado, and I don't want to defer this and then want to move forward and
postpone the construction of this business. So, I'm not willing to defer it,
but I'm willing to discuss it.
Bailey: Are there projects on our capital list that would effect this?
Atkins: Projects on the capital list?
Bailey: I mean, you're talking about streets.
Atkins: Ultimately, yeah, Gilbert Street widening and longer term.
Bailey: This is on Benton and Riverside.
Vanderhoef: This is Benton Street.
Atkins: I'm sorry. I meant Riverside, excuse me.
Bailey: That would be quite a widening... (several laughing and talking).
Atkins: Yes, it would be a wide...you have to call it something.
Elliott: My concern would be for Mr. Kemp who is in the process oftrying to dig
out from tornado damage and I have talked with him, but I really didn't
ask whether or not a delay would be inconvenient or impractical or costly
for him, and I would, as Connie said, Dee, I would like to go ahead with
the hearing, but I would be happy to discuss those concerns of yours.
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Vanderhoef: Okay.
Elliott: Prior to that.
Bailey: Oh, absolutely, but I would like to go ahead.
Dilkes In my office's discussions with Mr. Kemp, the time is of the essence.
Vanderhoef: Okay.
O'Donnell: Any time you have a business and you delay construction (unable to hear)
to the business.
Bailey: Yeah, when your business is shut, it's...
Vanderhoef: Oh, I understand that completely.
Atkins: Well, I can understand from scheduling then that you're likely to vote to
have the hearing, and so the 17th, we'll round up the staff that needs to be
there.
Vanderhoef: Okay, I may have a couple things more to add to that.
Atkins: Sure.
Wilburn: Any other discussion? Roll call. Item carries 7-0.
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Council meeting of June 27, 2006.
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ITEM 5
PLANNING AND ZONING MATTERS.
c) VACATING A PORTION OF THE OLD WEST BENTON
STREET RIGHT-OF-WAY LOCATED NORTH OF THE
CURRENT WEST BENTON STREET AND EAST OF SOUTH
RIVERSIDE DRIVE. (V AC06-00003)
1. PUBLIC HEARING
Wilburn:
This is a public hearing. (pounds gavel) Public hearing is open. (pounds
gavel) Public hearing is closed.
2. CONSIDER AN ORDINANCE (FIRST
CONSIDERATION)
Bailey:
Move first consideration.
Wilburn:
Moved by Bailey.
Correia:
Second.
Wilburn:
Seconded by Correia. Discussion?
Vanderhoef: I will. . .
Wilburn: I'm sorry. Can someone turn my mic down or something? I've got it
down as low on my tie as possible here so.. .go ahead.
Vanderhoef: I cannot support vacating this until we've had this discussion. I know it's
first consideration and if we get through all the discussion and work it out,
I would consider expediting on the other end, but I can't support it at this
time.
Wilburn: Any other discussion? Roll call. Item carries 6- I; Vanderhoef in the
negative.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of June 27, 2006.
#5
ITEM 5
Wilburn:
Holland:
Karr:
Holland:
Wilburn:
Teague:
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PLANNING AND ZONING MATTERS.
d) REZONING PROPERTY LOCATED AT 619 KIRKWOOD
AVENUE FROM LOW DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-5) TO COMMERCIAL OFFICE (CO-I)
ZONE. (REZ06-00012)
1. PUBLIC HEARING
This is a public hearing. (pounds gavel) Public hearing is open.
My name is Winifred Holland and I live at 1104 Diana Street. I wanted to
go on record as being opposed to the rezone at 619 Kirkwood Avenue
from RS-5 to CO-I. Now, I did send an email to the Council and I didn't
see it listed in the correspondence, so I just wanted to...
It was included in the packet. It's not listed on the Consent Calendar, but
it is in with the item.
Oh, okay. Yes, I don't, I don't see how the Council can approve this when
the Planning and Zoning voted 7-0 against it. Thank you.
Thank you.
My name is Bruce Teague and I'm the property owner that has request the
rezoning on 619 Kirkwood Avenue. Basically, the property was
purchased on May 5th We had contacted, I had the realtor contact the
Zoning Commission to see ifthis was a possible place for a rezoning. The
business that I want to rezone for is a home healthcare agency. It's called
Caring Hands and More. It was started in October 2004. The reason why
we needed a nontraditional commercial property was because being in
home healthcare, you need an adequate facility for training your
employees, you know, to perform duties that are in homes specifically.
Hospitals and nursing homes have facilities that they utilize for training
their employees, and we needed a home-like environment. When we went
looking on the market to see ifthere were any commercial properties that
are already like in homes available, and there were none in the Iowa City
area. We service Johnson County and the surrounding areas, and so we
wanted to remain in Iowa City. We're affiliated with other businesses
such as Hospice and Elder Services. We service a lot of their clients, and
training is essential for the, just for providing good quality care. So this
property was really sought after for the training of employees to perform
home healthcare duties and homecare duties in a like area that they would
actually be performing it in. The Council stated that the reason, it wasn't
in their Comprehensive Plan for this place being rezoned into commercial,
and so that's why we had to go through the process ofrequesting that it be
considered. The other, one ofthe major things that they stated was the
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traffic concern on Kirkwood Avenue. It is definitely a high-traffic area.
Since the purchase of the home, I've noticed that basically there are two
times a day that the traffic is pretty thick. That is no different than the
other areas where traffic is also, you know, very, very high. Over by the,
all around Iowa City there's just high traffic at two times a day and so I
don't think that.. . our business is going to be small...I understand that this
is going to be resolved for commercial, whether we remain in this property
or not. This property is very small. It's adjacent to the Lensing.. .it's the
first property adjacent to the Lensing Funeral Home. The chances of this
property being, even if we were to sell it, which there are no plans at this
point, if we were to resell it, there's going to be very limited use of this
property for anyone, because it is a very small property. Our expected
counts of traffic increase is going to be so minimal, which the Zoning
Commission did recognize and confirm that they don't expect anyone that
moves into that property as a commercial can have a high traffic flow,
because it's such a small property. Any of the needs that, you know, need
to be done for, or recommendations that would be made to have this
property a more comfortable or whatever, for appearances, we're more
than willing to do at this point because Iowa City and Johnson County
elders are receiving our services even now. I've been able to operate out
of my current home with doing training there, but as we begin to grow,
we.. . and the limited space that I have in my personal home, this property
would be totally used for the business and for training the employees.
And so I would really like for the Council to consider rezoning this
property for a C-l. Thank you.
Wilburn: Thank you.
Vanderhoef: Eleanor, is...I know there's concern about future use if the property was
sold after it was rezoned. Is there any special exception that could allow,
and put certain number of trainees in the facility at a time?
Eleanor: Not that I'm aware of, but Karin could probably answer that better than 1.
Hausman: My name is Julie Hausman and I live at. ..one ofthe neighbors who lives
at 1038 Diana Street. I came down for the Planning and Zoning session
on this particular zoning issue and I thought maybe I would come down,
voice my concerns again tonight, and I think most of us as neighbors
might not have a concern about this particular use of this property. I know
I have known Bruce for some time now and would actually welcome a
business like his in the neighborhood. I think the world of Bruce and what
he does, and recognize that what he would do with the property would not
make much difference in what actually happens in the neighborhood. My
concern, I have two concerns - what happens to the property when
Bruce's business again outgrows the location and he moves, and we have
a piece of property there that's zoned commercial and then what having a
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commercially zoned property there does to those next to adjacent
properties on Kirkwood. When Governor's Ridge was put in, I believe it
was the mid-80's, the neighbors in, on Diana Street and down Kirkwood
were quite concerned about that property, when all that rezoning was
done, and we were given some fairly strong assurances by Planning and
Zoning and the City Council that the line would be held on zoning there,
in terms of not moving the commercial, and the high density residential to
the east, to preserve our neighborhood residential environment, and we've
had to come down here a couple times to be concerned about that. So, I
guess I just want to make the concerns of the neighbors clear and I would
like to see Bruce, you know - if we can make an exception for Bruce, I
sure would like to see that. If there were any way for him to operate that
business there, I would be just ecstatic about that. Don't know if that's
possible, but I sure would like to see that be made a possibility, if we
could without rezoning permanently.
Wilburn: Thank you.
Franklin: To answer Dee's question, I think it was relative to the number of
employees? Or...
Vanderhoef: How we could possibly make this work for a single time, but not do the
rezoning, and I thought perhaps in a request for a special exception it
might that there would be no more than "x" number.
Franklin: The Code allows for very explicit special exceptions and a commercial use
in a residential area is not one of them. You... you can have a home
occupation; however, that would require that Mr. Teague live there and
there could be no more than one employee, which I don't think meets his
needs. But there's nothing in the Code now that would provide for a
special exception for commercial in the residential zone. The only
possibility I'm thinking of, and I would have to go back and check the
Code, would be if it was a historic house, and I don't one, know that it is,
or two, know that it would be in this particular zone, which I believe is an
RS-5, and a variance I don't think would be feasible because you would
have to show that you could make no reasonable use of this property under
the zoning, and I just don't think you can show that. It's regrettable, that
that's the way it is.
Vanderhoef: No, I don't think it will work that way, but...
Wilburn: Before we get too many Council questions, is there anyone else from the
public who'd like to address during the public hearing portion? Yep.
Lensing: I'm Mike Lensing and we have property at 605 Kirkwood. I think Bruce's
property is really, the one thing I would want to assure neighbors is that I
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don't believe he plans to alter it in any way. I don't think they'll see signs
going up in front. It's basically used more as an office for two people, I
think, and Bruce and then they'll use it for training, and I think totally he
has like 29 employees, but it's not like they would all be there at one time.
I think the main thing for Council would be to look at the property,
because it backs up to an alley, which there's two homes that have access
to that alley. We presently own a property at 1018 Kirkwood, or Diana,
and there's an alleyway. If you looked at zoning, I know Karin could get
that to you, you can kind of see how those are all set up. I think that the
bigger question is maybe about that whole neighborhood, and I, I think is
trying to figure out how to stay with the Plan that was set up years ago, but
really enhancing the neighborhood, and the one thing I know we talked
about at the last meeting and we all get along even though we disagree,
but we get along. . . was when Boyrum went through, what has happened is
that Dodge Street becomes kind of a race track. So people come down
Dodge Street, and it used to be they would have had to turn on Kirkwood
and go down to Gilbert to go, but once Boyrum was opened, Diana Street
became kind of a cut-through. So, I think maybe more importantly, it's
looking at that, but looking at Dodge Street and Diana and that whole
picture, and maybe it's time to look at the idea of putting in a traffic light
there. Maybe, one thing we talked about, is the idea of actually closing
Diana Street and making it a dead end so that if there's a stop light there,
that there's no longer traffic that goes into that neighborhood, that actually
it becomes a serene and quiet street again, and people don't...I guarantee
you, if you just sat in your car for ten minutes, like around 5 :00, you will
just see people jutting down there all the time, and actually on the whole
street, I think there's probably maybe 15 homes, something like that, and
the little court. So I think it's not just this, but it's the bigger picture. I
don't foresee anybody building big office buildings or doing anything like
that, but maybe there's also a way - I was saying to somebody - is looking
at the idea of what if we ever had an area in town that, on the north end
where there's home, where we had people that wanted to take the homes
and turn them into great little art shops and stuff, kind oflike a Galena.
Have we allowed that, do we have a way to do that, without living in the
facility, you know, living in the house, and so I think there might be some
creativity that we need to look at doing this, but I really would like to have
you look at the neighborhood and the traffic pattern, which I think is really
a big issue for the neighborhood, just people zooming through and all of
that. So, thank you.
Holland:
If! could say something at the end here. The traffic past there is, it's a
busy street, which it wasn't in the start, but the traffic doesn't upset me as
much as the business interests that are attempting to encroach upon our
neighborhood. I've lived there... we built our house in 55 and I've been
fighting for this neighborhood for 50 years, and I will continue to fight for
my neighborhood as long as I'm physically able, and I would like to point
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out that the funeral home is there only by special exception, and another
special exception was given for the cremation service that is there. So,
1.. .my concern is the business interest trying to take over our
neighborhood. Thank you.
Wilburn:
Anyone else care to address the Council in public hearing? (pounds gavel)
Public hearing is closed.
2. CONSIDER AN ORDINANCE (FIRST
CONSIDERATION)
Karr: Motion to accept correspondence.
Bailey: So moved.
O'Donnell: Second.
Wilburn: Moved by Bailey; seconded by O'Donnell to accept correspondence. All
those in favor say "aye." Opposed same sign. Carries 7-0.
Bailey: Move first consideration.
Wilburn: Moved by Bailey.
O'Donnell: Second.
Wilburn: Seconded by O'Donnell. Discussion?
Elliott: I frequently disagree with Planning staff, and Planning and Zoning, but on
this time I have to agree with them. I'm old enough that I don't like the
phrase "a domino effect," but that's, that's what I'm afraid of with this
situation. I feel badly for Mr. Teague, who apparently is so well liked by
his neighbors and is looking at a business that is most commendable and
would be very helpful, but I think in this instance, if we start putting
zoning beyond the funeral home there, then pretty soon you have another
one who wants the next building and the next and there's the domino
effect. Pardon the usage again. So, I will be supporting this.
Wilburn: If you want to deny it you have to vote to...
Elliott: I support the zoning, and I'll be voting against this.
Champion: Oh, right!
Wilburn: Just wanted to make sure you knew what you were doing!
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Elliott: Yes. They worry about me a great deal. (laughter)
Wilburn: Other discussion?
Correia: Well, I also am concerned about the neighborhood, and I also am very
supportive ofMr. Teague's business, but am concerned about the creep
and sticking with the Comprehensive Plan for that neighborhood, so I also
will be voting against the ordinance.
O'Donnell: I'm going to be voting no also. It's a matter of protecting an older
neighborhood and the integrity of the neighborhood, and you know, the
domino effect, Bob, I think does apply here because once you make an
exception, it gets easier to do again. So I will be voting no on this.
Champion: Well, I think most of us will vote no, but I do wish we could find a way
for this business to take place in that building. I don't know, Karin, if
there's any exception or temporary use or.. .is it a school? Can you call it
a school?
Franklin: You would have to do an amendment to the ordinance to allow this to
occur, and if you direct us to pursue that, we will look at it, but I'm not
quite sure right here and now how I would write it. Oh, I'm sorry. Am I
not coming across?
Bailey: I'm having a hard time hearing you, Karin. Can you yell? I can't.. .no.
Vanderhoef: No, I thought my ears were...
Franklin: Okay. We would have to draft an amendment to the zoning ordinance.
We would have to change the law, if you wish to allow this in this
building.
Vanderhoef: Karin, you mentioned earlier that you weren't sure if an exception could
be allowed in an RS-5.
Franklin: If it was a historic building, there's.. .not having the Code memorized,
forgive me, I don't know for sure if you can, with a historic building in an
RS-5 zone, have a commercial use, but I can't believe it would not have
been looked at by my staff in reviewing this application, if that was at all
possible.
Bailey: There are businesses in houses on, in our neighborhood on the north side,
around Mercy. What, I mean, that seems. . .
Franklin: That's zoned commercial, office commercial, which is the zoning that was
being requested here.
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Bailey: Which I'm sure that you saw the house in that area, but, I mean... so this
exists, right.
Champion: How does the Summit Street, little bakery, how does that fit into the...
Franklin: The Summit Street bakery is the continuation of a nonconforming use.
Bailey: Well, I'll be voting no on this as well for the reasons that have been
previously stated, I mean, no disrespect for your business. I think it's a
terrific and timely business in Iowa City, but I look at this block and you
know, you're one of three properties, and I can see it just moving on
down, and you know, why wouldn't somebody want to? It's a nice area of
town. I can see that businesses might want to locate, so we have to
balance interest somehow.
Wilburn: Rollcall.
Elliott: Oh.. .no, no, you guys have confused me! Sorry.
Wilburn: Let's try it again. Roll call.
Elliott: And please don't take the chuckle.. . that we take this vote lightly.
Wilburn: Item fails 7-0.
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ITEM 5
PLANNING AND ZONING MATTERS.
1) CONDITIONALLY REZONING 20.79 ACRES OF PROPERTY
LOCATED ON LOWER WEST BRANCH ROAD, WEST OF
TAFT AVENUE FROM INTERIM DEVELOPMENT SINGLE-
FAMILY RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY
SINGLE-FAMILY RESIDENTIAL (RS-5) ZONE. (REZ06-
00013)
a. PUBLIC HEARING
Wilburn: This is a public hearing. (pounds gavel) Public hearing is open.
Stockman: My name is Florence Stockman and I live at 132 Eversull Lane and
speaking for some of the neighbors who are very excited that this rezoning
is coming to you, primarily because it'll give us more access in the near
future to Lower West Branch Road and Court Street. We have limited
access now, and as we also understand it, the zoning will allow the
development to continue as we're enjoying it. We are very pleased that
the Planning and Zoning looked at keeping this consistent with the future
subdivision being by the neighborhood design. As some of you know,
there is a stone bridge in that area that was a railroad bridge that we would
like to see preserved, and we would like to see that be part of a
neighborhood park or some green space, and so we're glad that Planning
and Zoning and staff have recognized that and we'll look to that when the
development comes in, but we're seeing this as a first step and we're very
pleased to see the rezoning coming about.
Wilburn: Thank you.
Vanderhoef: Karin, is this...
Wilburn: Can I close the public hearing, or. ..okay. (pounds gavel) Public hearing
is closed.
b. CONSIDER AN ORDINANCE (FIRST
CONSIDERATION)
Bailey: Move first consideration.
Champion: Second.
Wilburn: Moved by Bailey; seconded by Champion. Discussion?
Vanderhoef: Will this be considered a collector? Lower West Branch Road?
Franklin: Yes.
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Vanderhoef: And do we have any other collectors that will be going north/south any
place in there, before we get to Taft? (TAPE ENDS)
Franklin: (laughter) I'm trying to remember the subdivisions immediately to the
east, or west of here, and the road pattern. I think it's called Camden that
goes north off of Court.
Vanderhoef: There is one called Camden.
Franklin: Yeah, that that is acting as a collector, similar to Arlington south, between
American Legion and Court Street.
Vanderhoef: So Camden will go on north of. . .
Franklin: Camden would, yeah, will go on north of where it is now.
Vanderhoef: I'm just thinking of whether the back way in, without going out to Scott
Boulevard to get to the new neighborhood commercial area, what that
whole thing is going to look like, and how that will fit into traffic patterns
on this.
Franklin: Well, the arterials here are Scott, Court, Taft. Lower West Branch Road is
an east-west collector, and then Camden, if I'm correct, is the north-south
in this subdivision, this area, that would go from Court Street to Lower
West Branch. Similarly in the Lindemann Subdivision, there is a north-
south.. .
Atkins: You want the map?
Bailey: Here's the map, Karin. I don't think...
Atkins: Just trying to help out here.
Franklin: No, I think just memorizing it, you know, is better. Does that answer your
question, Dee? I don't know what you're after.
Atkins: Okay.
Bailey: Well, there's Brentwood Drive.
Vanderhoef: I'm trying to get at what...what's coming...(several talking at once)
Franklin: No, Camden loops around. We haven't done the plat for what's being
rezoned yet.
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Bailey: There's no plats yet.
Vanderhoef: Yeah. That's...
Franklin: What is the concern, Dee? The north-south connection between Court and
Lower West Branch?
Vanderhoef: Uh-huh.
Franklin: Okay, we'll keep that in mind as we look at the platting.
Vanderhoef: Because what, what I'm envisioning is the need for enough right-of-way
that wherever that street is off of Lower West Branch Road may well need
the additional turn lane and all of that stuff.
Franklin: On Lower West Branch Road?
Vanderhoef: Uh-huh.
Franklin: Lower West Branch Road acting as a collector in a residential area, we
typically do not have turn lanes. We don't need them.
Vanderhoef: I know you don't, but I'm envisioning that, that Lower West Branch Road
is going to become more like an arterial than a collector, and that was why
I asked the question to begin with.
Franklin: Well.. . maybe we should have some work session discussion because
Lower West Branch Road is currently under design for construction this
fiscal year.
Champion: I couldn't hear you, Karin, sorry.
Franklin: Lower West Branch Road is currently under design for construction this
fiscal year, so maybe we should have a work session discussion with
Public Works before we go too much further.
Champion: Well, I don't know. I guess that's whether people want to hold that up.
Vanderhoef: No, the rezoning is...
Correia: But we don't want to, we want to hold up the street.
Vanderhoef: I'm just trying to get a big picture look at this, of what's coming out there.
Correia: How. . . could we have an update, if this, about the plans.
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Page 19
Franklin:
You're all looking at me! What would you like? (laughter)
Correia:
Give us a refresher at a work session maybe on the street design, that
project.
Franklin:
Be happy to!
Atkins:
Yeah, that's not a problem.
Correia:
Okay, great. Thanks, Karin.
Wilburn:
Any other discussion? Roll call.
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ITEM 5
PLANNING AND ZONING MATTERS.
h) VACATING A PORTION OF DANE ROAD SOUTH OF
HIGHWAY 1. (VAC06-00002)
1. PUBLIC HEARING
Wilburn:
This is a public hearing. (pounds gavel) Public hearing is open. (pounds
gavel) Public hearing is closed.
2. CONSIDER AN ORDINANCE (FIRST
CONSIDERATION)
Champion: Move first consideration.
Vanderhoef: Second.
Wilburn: Moved by Champion; seconded by Vanderhoef. Discussion?
Bailey: How long will this make the runway?
Atkins: I don't know. I know they're taking a piece off the one end, and pushing
it out on the other, and they're supposed to be approximately the same
sIze.
Bailey: Okay.
Atkins: Does that help any?
Bailey: Yeah, because I looked those up today, so I know the basic...
Atkins: Yeah.
Bailey: Thanks.
Wilburn: Other discussion?
Elliott: Did I miss something? I thought it was said last night that we were going
to continue the public hearing and defer?
Bailey: The next one.
Wilburn: The next item.
Elliott: Oh, so the next one. Oh, I thought you meant that on "h." Okay.
Bailey: This is the runway extension.
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Wilburn:
Roll call. Item carries 7-0.
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ITEM 5
PLANNING AND ZONING MATTERS.
i) VACATING A PORTION OF RUPPERT ROAD WITHIN
AVIATION COMMERCE PARK NORTH. (V AC06-0004)
I. PUBLIC HEARING
Wilburn: We've been requested to continue the public hearing - don't even open it?
Open the public hearing? Okay. (pounds gavel) Public hearing is open.
Champion: Move to continue the public hearing.
Bailey: Second.
Wilburn: Moved by Champion; seconded by Bailey to continue the public hearing.
All those in favor say "aye." Opposed same sign.
Karr: Can we have a date specific to the public hearing.
Wilburn: Uh, July 18th, there we go.
2. CONSIDER A RESOLUTION
Bailey: I move to defer the resolution to July 18th
Champion: Second.
Wilburn:
Moved by Bailey; seconded by Champion to defer to the 18th of July. All
those in favor say "aye." Opposed same sign. Both items carry 7-0.
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~ ~~n
ITEM 5 PLANNING AND ZONING MATTERS.
k) CONSIDER AN ORDINANCE VACATING THE ALLEY
LOCATED NORTH OF BENTON STREET BETWEEN
CLINTON STREET AND DUBUQUE STREET. (V AC06-00001)
(PASS AND ADOPT)
O'Donnell: Move adoption.
Wilburn: Moved by O'Donnell.
Vanderhoef: Second.
Wilburn: Seconded by Vanderhoef. Discussion?
Correia: I will be abstaining on this vote due to a conflict of interest.
Wilburn: Roll call. Item carries 6-0 with one abstention by Correia due to a conflict
of interest.
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--_.~--~-_._~-~.._-~---_..,-~_...__."_._.__.,--._.__._--".,----~----_.._-,_.._,...-- ._-"._-----_._--,--~_._-~,_.__.__.._.".,--_.'".,_.,,-_.,--,-,---"'--'--"'-'-~--~
#5
ITEM 5
Wilburn:
Chappell:
Wilburn:
Elliott:
Wilburn:
Page 24
PLANNING AND ZONING MATTERS.
I) AUTHORIZING CONVEYANCE OF THE RIGHT-OF-WAY IN
AN ALLEY IN BLOCK 27 LYING BETWEEN SOUTH
CLINTON AND SOUTH DUBUQUE STREETS TO THE
NORTH OF BENTON STREET, TO JOHNSON COUNTY.
1. PUBLIC HEARING
This is a public hearing. (pounds gavel) Public hearing is open.
Members of the Council, I'm Andy Chappell from Johnson County
Attorney's office. I'm not usually one to count my chickens before they
hatch, but given that the public hearing comes before the resolution, I
would just say that assuming the Council is still in favor of moving
forward with the conveyance, I'd like to thank you on behalf of Johnson
County. Your cooperation has been much appreciated. Thanks.
Thank you.
Happy to do it.
(pounds gavel) Public hearing is closed.
2. CONSIDER A RESOLUTION
Champion: Move the resolution.
Wilburn: Moved by Champion.
Elliott: Second.
Wilburn: Seconded by Elliott. Discussion?
Correia: I'll abstain on this vote, as well.
Wilburn: Roll call. Item carries 6-0 with one abstention by Correia due to a conflict
of interest.
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#7
ITEM 7
Wilburn:
Enzle:
Wilburn:
Stalter:
Wilburn:
Page 25
AUTHORIZING CONVEYANCE OF 426 BAYARD STREET TO
FRANTZ CONSTRUCTION COMPANY INC.
a) PUBLIC HEARING
This is a public hearing. (pounds gavel) Public hearing is open.
Hi, I'm Susan Enzle, and I live immediately north of this property, which
is adjacent to us, and I would like to encourage the Council to adopt Mr.
Boothroy's recommendation to allow Frantz Construction to remodel this
house and to build the two additions. Mr. Frantz came out and met with
members of our neighborhood and it really's a lovely idea to retain the
character ofthis double lot and I think will maintain many ofthe
Savannah oaks there, as well as the woodland garden. So I ask the
Council to vote in favor of this, please.
Thank you.
My name is Tim Stalter and my family and I live at 421 Bayard Street
right south of the property, directly across from 426 Bayard. We are in
favor of the Frantz Construction Company taking possession ofthe
property. Weare pleased with the proposal set forth by Bill Frantz. His
company has taken great care in his proposal to preserve the natural
beauty ofthis unusual lot, with the least amount of disturbance. Weare
also in favor of one home on this lot. In addition to the four proposals
submitted, Frantz Construction was the only company, to my knowledge,
which sought the input of the neighborhood. He has been sensitive to our
concerns and has been very helpful in answering out inquiries concerning
his plans. I would add that this manner of doing business should serve as
a model for such transactions. All neighbors with whom I've spoken are
in favor of the Frantz Construction proposal. I respectfully request that
the Council pass this authorization. Thank you.
Thank you. (pounds gavel) Public hearing is closed.
b) CONSIDER A RESOLUTION
Bailey: Move the resolution.
Karr: Motion to accept correspondence.
Bailey: So moved.
Vanderhoef: Second.
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m p.u
Wilburn: Moved by Bailey; seconded by Vanderhoef to accept correspondence. All
those in favor say "aye." Opposed same sign. Carries 7-0.
Bailey: Move the resolution.
O'Donnell: Second.
Wilburn: Moved by Bailey; seconded by O'Donnell to adopt the resolution.
Discussion?
Bailey: 1 would have to agree with Mr. Stalter that this should serve as a model for
how we do development in neighborhoods. I appreciate that Mr. Frantz
did talk to the neighbors. 1 went out and looked at this property, and I'm
glad to see that the oaks will be preserved. I'm always interested in infield
development, so when I saw two lot possibilities I was wondering, you
know, why not develop the second lot, but it's very apparent to maintain
the character and also preserve those trees, that this proposal is a very, 1
think, smart (unable to understand) character with the neighborhood, and I
was delighted to support it.
Vanderhoef: I'd just like to compliment the neighbors who have worked with the City
over many years to get this thing resolved, and it's not been an easy thing
for you folks, I'm sure, for Council and legal staff and so forth, it's not
been an easy one. So, thank you for being patient. We're finally getting
there and I'm glad we're moving forward.
Champion: All things in time.
Correia: And I also (unable to hear) talk to a neighbor who is concerned about the
property and looked around the property and it was beautiful. My...1 just
have a question on, so the covenant on the land, for the second lot. Could
you explain how that will work? 1 mean, it preserves the lot. Frantz is
going to remodel and then sell it to somebody, but they will have
restrictions on building anything on that.
Dilkes: The covenant is what we say runs with the land, it's not specific to a
particular owner. So, it will continue (unable to hear) development of,
further development for 20 years, 21 years is the time period, and then it
can be renewed.
Correia: (unable to hear)
Dilkes: There's a provision in the real estate provisions of the State Code that, you
know, there's a concept about not wanting to restrict, alienation and so it
limits it to 21 years, but it can be then renewed by fairly ministerial action.
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#7
Correia:
Dilkes:
Correia:
Wilburn:
Elliott:
Wilburn:
Page 27
I'm just... bear with me. So Frantz sells the house, after they remodel it, to
somebody who owns it. So, and when they buy it, there's the covenant is
on that, because they own the whole piece of property. If they, those
people own the house for two years and then they resell, is that covenant
still there, for those 20. . .
It's irrelevant who owns it.
Okay, that's my question.
Roll call.
. . . also be voting to approve this. I was surprised and pleased that this
house could be saved, and I think a key to me was the fact that Mr. Frantz
is the one who initiated the plan not to build on the adjacent lot. I like that
much better than the City requiring it. I think that the, it was just a good
decision. It looks like ajob well done. [agree with Regenia that this is a
model.
Roll call. Item carries 7-0.
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#8
Page 28
ITEM 8
AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST A LEASE AGREEMENT WITH GROUNDS FOR
DESSERT COFFEEHOUSE, INC. FOR APPROXIMATELY 2,460
SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN
THE COURT STREET TRANSPORTATION CENTER.
1. PUBLIC HEARING
Wilburn:
This is a public hearing. (pounds gavel) Public hearing is open. (pounds
gavel) Public hearing is closed.
2. CONSIDER A RESOLUTION
Bailey: Move the resolution.
Wilburn: Moved by Bailey.
Vanderhoef: Second.
Wilburn: Seconded by Vanderhoef. Discussion?
Bailey: I'm really excited that this is coming in. I think it's going to be a great
business.
Vanderhoef: Did we split the space, the condo space? To make that little office?
What's this?
Atkins: I don't think it was split. It was separately marketed.
Vanderhoef: They were separate, okay.
Bailey: Two spaces there.
Vanderhoef: Two separate...okay.
Champion: Right, it's leased.
Wilburn: Roll call. Item carries 7-0.
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#10
ITEM 10
Wilburn:
Taylor:
Sanders:
Atkins:
Sanders:
Page 29
APPROVING OF A THIRD AMENDMENT TO A PURCHASE
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND W AL-
MART REAL ESTATE BUSINESS TRUST FOR
APPROXIMATELY 21.76 ACRES OF PROPERTY LYING
WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT
DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF
THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART
TWO.
a) PUBLIC HEARING
This is a public hearing. (pounds gavel) Public hearing is open.
Good evening, my name is Wally Taylor. I'm representing the groups
Iowa City Stop Wal-Mart and 1,000 Friends ofIowa. As I look at this
proposal, it's a continuation of the purchase agreement that you already
have with Wal-Mart that is sort of up in the air right now, it seems to me.
You currently have a deadline ofJuly 31 st for Wal-Mart to act on the
existing purchase agreement. There is a currently pending with the Board
of Adjustment, a request for a special exception to fill in the flood plain.
That has been deferred until the July meeting, and there are some issues
there that that Board will need to take up and consider. It seems to me that
given the current situation, that this Council, at this point at least, should
defer any action on this resolution and this proposal, until we know
exactly what is going to happen with the existing purchase agreement and
not get yourself into any more headaches here, until we know exactly
what's going to happen. So, I would ask that the Council defer any action
on this proposal at this time.
Gary Sanders. I hope I didn't miss anything, but was there a reason given
for the additional one and a half acres?
As best as I can answer that, Gary, when they were actually locating the
building on the land that they wish to purchase, its location and setbacks
and other requirements indicated that they may need some additional
ground. We don't believe it'll be an acre and a half. We believe it'll be
something a little less than that, but I think it was the design of the
building, the footprint.
Okay, and again, Wally mentioned that July 12'h at 5:00, another of their
issues is coming before the Board of Adjustment. I think this case gets
more complicated every few months. I know people are sick and tired of
the lawsuit. They're sick and tired of seeing me up here, and frankly, I'm
tired of it, but it must go on, and it amazes me that Wal-Mart is still after
you folks for more, more, more, more. I applaud the four of you who, two
weeks ago, voted against the indefinite extension and I would hope that
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#10
Fales:
Wilburn:
Fales:
Wilburn:
Page 30
we could get four votes tonight to say "no" on this. They should have had
it all figured out. These are smart people that they've got down there in
Bentonville, and it just amazes me that they are still trying to fix this to
make it right, and I of conrse, again, believe the majority of the people in
this city do not think they could do anything to make it right. Thank you.
I'm Evan Fales. I live at 1215 Oakcrest Street, and I would like to speak,
actually a little bit more generally than specifically to the one and a half
acres, though I hope that you do not approve that additional sale, or at the
very least, defer it. I know that the Council really generally has to think in
fairly focused ways about these sorts of issues. I'm a philosopher and I
like to think in a little bit broader scale. I hope that in yonr deliberations
abut the whole Wal-Mart issue and about similar kinds of issues that I'm
sure will corne up in the futnre, that you keep some of the larger pictnre in
mind. I'm not going to repeat familiar sorts of arguments that I'm Snre
you've heard ad nausea here. I want to make just two points, briefly. One
is there is apparently pretty good argument that can be made for the view
that the presence ofWal-Mart in this town has not only created an
economic situation that likely increases the bnrden on public welfare and
public assistance, but that has also exacerbated the homelessness problem
in Iowa City. A business like that attracts people corne to find jobs here
and then does not pay them enough money to be able to afford housing in
Iowa City.
I realize you're a philosophical person, but tonight this hearing is on the
selling of an additional 1.5 acres, so I'll ask that you keep YOnr comments
related to that.
Well, I. ..let me.. .my second point, which I can make very briefly, is also
a large one, but it seems to me that those large questions are ultimately
addressed by the decisions that this Council makes on concrete, very
specific issues like this particular one. So, I'm trying to suggest to you
that you do need to make those connections. The other large point, and
I'll make it very briefly, is a fairly speculative one, but I've heard some
expert opinion to the effect that the oil supply in the world will be, the oil
production, will be decreasing. We'll be seeing a significant rise in gas
prices, beyond what we have now. One of the consequences of that will
be that economies will become more local because it'll be too expensive to
ship things long distances. Wal-Mart seems to me to be an icon of the
kind of business that ships products and goods over large distances, and I
hope that the general business strategies that the Council will be thinking
about over the next years, and this is a fairly short-term kind of matter,
will be ones that enconrage local business. Thank you.
Would anyone else care to address the Council at the public hearing on
this item? (pounds gavel) Public hearing is closed.
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#10 Page 31
Karr: Motion to accept correspondence.
Vanderhoef: So moved.
Wilburn: Moved by Vanderhoef.
O'Donnell: Second.
Wilburn: Seconded by O'Donnell to accept correspondence. All those in favor say
"aye." Opposed same sign. Carries 7-0.
b) CONSIDER A RESOLUTION
O'Donnell: Move the resolution.
Wilburn: Moved by O'Donnell.
Elliott: Second.
Wilburn: Seconded by Elliott. Discussion?
Vanderhoef: 1'11 be supporting this tonight. This is a land sale, not a vote on who's
using the land, as far as I'm concerned. We have land for sale. A price
has been set on it, and anyone who comes and makes an honest agreement
with us to purchase at our price deserves the opportunity to buy it.
Champion: Now, you don't really mean anyone. (several talking at once)
Wilburn: I'll ask the Council too to keep your comments focused on the sale of the
additional 1.5 acres, please. Roll call. The reason I did so is because
we've had those discussions and deliberations already.
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#11
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ITEM 11
APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE RIDGE ROAD WATER MAIN
BORING PROJECT ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
a) PUBLIC HEARING
Wilburn:
This is a public hearing. (pounds gavel) Public hearing is open. (pounds
gavel) Public hearing is closed.
b) CONSIDER A RESOLUTION
Bailey: Move the resolution.
Wilburn: Moved by Bailey.
O'Donnell: Second.
Wilburn: Seconded by O'Donnell. Discussion?
Bailey: How long will this road be closed? I noticed we're detouring it. Do we
know, or is there anybody here tonight?
Atkins: Sarah, are you representing Public Works tonight?
Okerlund; I believe the, for this particular boring project, we're giving them 10
working days, so.. .there's a lot of other work going on with Water
Department. Right, yeah. Right. I imagine within the next month or so,
hopefully.
Elliott: Days as opposed to weeks?
Bailey: But it has been closed. Okay.. ..thanks.
Atkins: Thank you, Sarah.
Wilburn: Any other discussion? Roll call. Item carries 7-0. I've had a request for a
break. It's 8:15 now- be back at 8:25,10 minutes.
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Council meeting of June 27, 2006.
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ITEM 13 CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED
"MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED
"PARKING REGULATIONS," AND CHAPTER 5, ENTITLED
"PARKING METER ZONES AND PARKING LOTS" TO LIMIT
PARKING IN STREETS AND RAMPS FOR THEIR INTENDED
PURPOSE. (SECOND CONSIDERATION)
Wilburn: This is second consideration, and staff has recommended expedited action.
Chair entertains a motion to do something with it.
Elliott: Next.
Bailey: (unable to hear) expedite, because we have somebody to speak to it.
Wilburn: Then I recommend someone make second consideration.
Champion: Move second consideration.
Wilburn: Moved by Champion.
O'Donnell: Second.
Wilburn: Seconded by O'Donnell. Discussion? Sir?
Altimus: My name is Tony Altimus and I'm a street vendor, and I spoke earlier out
of turn.
Wilburn: Okay, and I'm sorry, we're having mic problems so I'll just have to ask
you to speak a little louder. Does that mic work right there? Oh, okay.
Altimus: Well, I spoke a little earlier on my behalf on the street vendors, and I'd
like to also add that you guys are targeting just selling food out of a
parking lot, but there's other people like commercial activities, taxi cabs
are all blocking the street. There's Hy-Vee that pulls into a parking space
for a half hour, hour. There's other beer trucks. There's other commercial
activity. If you target everybody, not just selling food, if you would say
everything instead of just targeting selling food. But, I talked to the
parking people that regulate that stuff, and they said after 5 :00 nobody
regulates anything down there, so they get away with parking on the
comer of a street or anything like that because the police officers don't
have time to regulate just small minor things like that because there's
more bigger issue, people being drunk, fights, crime, things like that. I
mean, there's people that park there that go in the bar and drink all night.
And then they come back, get in the vehicle and drive away. I mean, I'm
not hurting anything by parking there and paying a meter, you know, and
selling food and trying to make a living. All I'm saying is, if you take,
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Council meeting of Jnne 27, 2006.
#13
Wilburn:
Dogan:
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knock this, make this ordinance pass and stop tbe business, I live off this.
My family does, my employees. I got to pay their, after they get quit or
whatever, I have to fire them or whatever, they get unemployment. I got
to pay that. I got to pay my storage still where I keep my food. Probably
have to give my food away tbat I bought already for, and I'm just saying,
this is my livelihood, this little thing that I worked many years to
accomplish. I tried to go into the Ped Mall and was denied. So I went to
the alternative to be a street vendor. I'm saying, I don't understand why
you guys wouldn't, Iowa City wouldn't want a street vendor. There're
nation-wide, world-wide street vendors, and Iowa City is the only place to
stop a street vendor? I mean, it's kind of weird, a college town. There's
street vendors in Omaha, Nebraska, all the way across Iowa, you know,
South Dakota, and here you guys are saying a street vendor is bothering
you guys so much that you want to make us move every ten minutes. I
mean, what am I supposed to do? Put my stuff on a bicycle and pedal it
around? I mean, you guys are forcing me out of business, my employees
that I hired, you know, and I wasn't really advised that this was going
down until the paper approached me. I wouldn't even have opened the
business if I were advised that you guys were shutting street vendors
down. So all I ask is you take into consideration the ripple effect that it's
going to affect people, you know. People won't be able to buy that choice
offood no more, losing employees, I'll lose where I live, I'll be probably
have to leave the state ofIowa to relocate because of you guys denying
street vendors. I'll have to move, relocate. All the money that I invested
into it, I'm going to lose to relocate. Thank you for your time.
Thanks for your comments. Discussion? Go ahead. Yeah, please.
Hello, my name is Can Dogan and I'm representing Hadi's Grill, I'm the
manager currently ofHadi's Grill, which business takes place on Dubuque
Street in downtown Iowa City. We had started originally on, well during
the off, the hours after 9:00 and 10:00 P.M. We originally started around
May 11 th with the suggestion by City Attorney, her name's Susan, which
she had suggested and approved for the permit in downtown Iowa City so
we did, went ahead and started our business with one truck there. We also
had invested in a warehouse and equipment, 1,200 square feet warehouse,
a truck, and other costly equipment to start the business upon their
suggestion to be located downtown Clinton Street and the Dubuque Street
area. We have been very successful there, and so we decided to open a
second truck on approval and witb the permits, so we did so. Because of
the success, we have had copying businesses that have been there. During
the summer months we were very slow in comparison to the school year,
because our primary business is the. . . after tbe bar scene and tbe college
scene, which we provide shiskabobs after 9:00 to about 2:30 roasted meats
and mostly vegetables, a healthy alternative to the other fast food in that
place which are very well liked, so we only have one truck at this time.
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We've been there for over two years now and we've always wanted to
conduct our business in good faith with our hiring practices. We've also
not been required to but have invested in further insurance, liability
insurance and accident insurance for employees. God forbid something
happen to any of the employees being a bar scene and being certain things
that are kind of dangerous during those hours. So we did purchase two
different types of insurance which we can provide for you here. We like
to conduct in good faith and good business, and we get along with all the
other businesses in the area, as well. And the consideration of the
ordinance, I believe, as far as we found out, we found out pretty much last
week, but was on June 7th. About three weeks after the second business
entity had joined about two years after we had originally started, the
ordinance, entitled 9, Motor Vehicles and Traffic, Chapter 4 entitled
Parking Relations, and Chapter 5 entitled Parking Meter Zones and
Parking Lots, which we were more concerned with the control of moving
traffic and to and from the congested area, especially during busy
operation hours between 8:00 and 5:00 P.M., and we are in general...we
do our business after 9:00, as well, and we find it kind of odd that as being
brought up two years after the business and three weeks before, or after
the second business had started, and we.. .there's only, we have two trucks
and now there's one, including the second one, so it doesn't seem like it's
been an issue of traffic. It's more concern with the control of moving
traffic in those areas, and we are right now being summer time, the least
traffic in the area, and nighttime, as well. So we believe that it's not really
the manner ofthe, the problem ofthe congested traffic. It's always been
the same - two trucks now, one is a different entity and one is us. The
concerns have arised after the second entity and we believe it's more of
the manner of the way business is conducted. We've heard a lot of
complaints, verbally. We've heard from our employees from the other
entity and other people that we have had problems with, unfortunately in
the manner that they do conduct the business and we try, we've always
tried to shy away from bad business policy and we're very liked in the
area, including the Summit and Jake's, which we are in front of, and we
do keep a really good relationship with and the customers there, we keep a
great relationship with and including Milio's, which is a competitor in the
food business at that hour, especially... and we have a healthy competition
with, and in support, we do have, because we have found out very
recently, Friday this last weekend, the 23'd and 24th, a Friday and
Saturday, we have been able to collect over 400 signatures just during that
weekend. We expect a lot more with people that are do not want us out
because we have been (unable to understand) and this is including the
management of Summit, the management of Jake's, and our competitors,
Milio's, which have personally signed the petition that we have had, and
so we believe that healthy business there for us is good, and that
unnecessarily eliminating healthy commerce, especially in a right-to-work
state, and isolating businesses like this, due to bad business policy, we
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#13
Wilburn:
Correia:
Dilkes:
Dogan:
Bailey:
Dogan:
Bailey:
Dogan:
Bailey:
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(unable to understand) for others and for the rest of us, we believe, would
be a very detrimental to our business since the time and the effort that we
have put into the last few years of building a healthy and constructive
business for the community, as well, and we would like to note that we
would like you to reconsider the ordinance, and considering that. Thank
you.
Thanks for your comments. Discussion?
I have a question about.. .so, the vendors on the Ped Mall, the way that the
process for getting a permit, does that include Public Health inspections?
Do they have to be approved through Public Health?
There is a Public Health requirement.
Yes, there is State regulations and Public Health regulations, that's what
we have to have, you have to have a warehouse or restaurant that is
approved by the City and State. Also the Food and Drug Administration,
as well, has to come in. We spent thousands of dollars replumbing and a
whole bunch of other things to be able to sell on the street, which the City
Council, the City Attorney's office had suggested that and approved us to
be there in the first place.
You currently have a license to sell on the street from the City of Iowa
City?
License as far as. . .
Or a permit.
Health Department, from the Health Department and regulations, yes.
Right, exactly, and that's how we regulate these businesses downtown, is
through a permitting process, which you do not have through the City.
Hicham E1hani: (unable to hear) Before I started up I spoke to Susan from the City
Attorney's office, tried to get the permit for the business and because
there's no code, she just basically gave me permission to do it. So,
because like I said, the permission, like I got the (unable to understand)
Dilkes:
I think what we've said is that, as you know, we don't currently have any
regulation that prohibits the vending from a parking spot. That's what this
would do, and so when we've had inquiries, and I believe when there's
been inquiries to the City Manager's office, we've said there is no permit
available, there is no prohibition on the books about that, and I think we
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Helling:
Elhani:
Bailey:
Helling:
Correia:
Helling:
Correia:
Helling:
Correia:
Helling:
Correia:
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have told people that they better check with the Health Department
because there are other, there are Health Department issues in permitting.
If I can add to that. That's exactly right. We have simply advised people
that it is not prohibited by the ordinance, but we have also advised
everybody who came in asking that it currently is not prohibited, but we
have specifically suggested to them that it could be addressed in the
future, simply because if there were a proliferation of these kinds of
activities, we felt like the City would want to regulate. So, people were
not, were put on notice that this was not something that they could rely on
to be permanent and we specifically may have suggested to people that
they may not want to invest a lot of money in buying a cart or some sort of
vehicle or whatever, because we couldn't guarantee them a right to do this,
only that at the current time it was not prohibited by the local ordinance.
They never said anything to us. They never said (unable to understand)
otherwise I wouldn't spend, otherwise I would invest my money on
something else, not doing this.
So how long is our waiting list for the permits on the Ped Mall? Do we
have a waiting list, or how do we handle that?
We take applications every, every...starting in November. The deadline is
the end of January, and then we select from there. Typically, we will have
10,15 applications, but nobody's guaranteed a spot the following year, but
you do get some consideration if you've been there, successfully
operating.
How many permits do we have on the Ped Mall?
We have six down on the Ped Mall.
There are six.
Six, and then we have allowance to two on Iowa Avenue. We currently
have one operating there, and one who I think is not going to, even though
they were approved.
Okay, so there is one permit available on Iowa Avenue.
Well, if the, yeah, if we determine - I think we have - that that vendor is
not going to be there, but we also go back to the next person on the list.
So we have, on Iowa A venue, are you talking about on the sidewalk?
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Helling: Yes, and these are for mobile vending carts only. This would not be for
trucks or other kinds of vehicles. This is strictly a pushcart that can be
moved about.
Champion: So why don't we talk about deciding how many street vendors we would
allow and charge them, like we do for the people in the Ped Mall? And
regulate them, so you don't have a proliferation of20 or 30 of them, and
then they could only operate between the hours of whatever you want to
set.
Vanderhoef: The 9:00 to 2:00 A.M. kind of thing, I'm concerned about filling loading
zones and parking places, when we're trying to encourage turnover of
parking places and things during the day. I'm looking at this after-hours,
when the businesses are closed. Is there some interest in allowing another
street vendor, with a truck, you know. The loading zones are open to
anybody to use after, what is it? 5:00 or 6:00. We could look at it, or talk
about it at least.
Correia: I would be.. .so, some cities obviously have street vendor programs.
Vanderhoef: Like we have.
Correia: Well, we have the Ped.. .I'm not talking about the Ped Mall. Yes, we have
the Ped Mall permitting, but what. . . street vendor is different, and so if we,
if there's interest, we could regulate a street vendor program process to
identify places and how many and similarly. . .
Bailey: Part of the problem with some of these street vendors were complaints
from the sidewalk cafes, and if we look at 9:00, we still have people who
are coming to our downtown at that time to eat and to do other things. I
think that we have to be clear about how we want to use the parking
downtown, which is often complained about - not that there's a problem-
it's often complained about.
Correia: But if we had a permitting program, we could also identify where the
locations would be so it wouldn't be near...
Champion: Well, I think the Pedestrian Mall vendors don't like the street vendors
because it's free! (several talking at once)
Bailey: Nobody likes unfair competition.
Champion: Right, so if we charge them, then...
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Bailey: I would be willing to look at expanding the number of Pedestrian vendors
and Iowa A venue vendors. I'm not interested in doing street vendors that
take up parking.
Champion: No, no; at night?
Bailey: No, I'm not. I would be interested in expanding from six and two to
having more on Iowa Avenue, because I rarely see them on Iowa Avenue.
Champion: That's because the pedestrian traffic isn't there. That's why you don't
see...
Helling: We expanded that a few years ago to allow for that, and thus far, the
person that's been operating there this year is the one that's operated the
longest, and I don't know the reason, you know, why, but we have two.
We could certainly, you know, there's room to increase that if...
Bailey: I think that that's the way I would go. We have a system that seems to be
working. Why would we want to expand it to the street.. . (several talking
at once).
Wilburn: Excuse me, so you're not standing there. We've already received your
input. The Council's going to deliberate this then. Okay.
Champion: I think street vendors are kind of fun!
Correia: Well, I think if we had a permitting process there would be regulation of
the type, where it would be, and how business...
Dilkes: We have a permitting process, and I think essentially what you're talking
about is expanding that permitting process to either more spaces or certain
parking spaces, or whatever you all chose to do, but that's... well, it may
be a big deal to you all, but I mean we have a permitting process in place.
You're just talking about identifying some additional areas, and you need
to decide what those are and where, if, or. . .
Bailey: Well, I'm willing to move forward on this and then talk about that when
we're talking about the permitting process, which starts up in November.
I mean, we have to keep in mind that we have restaurants that are trying to
do business down there too, and I mean, this is a balancing act.
Champion: Well, I mean, would you keep another dress shop from going in
downtown?
Bailey: I don't know.
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Champion: Of course not. I mean. . .
Bailey: But we do have, I mean, a dress shop is going to pay rent, and it's going to
be more than, you know. If somebody were selling dresses out of a truck
or a wagon, yes I would. (several talking at once)
Correia: And I think that's why I'm interested in talking about expanding the
current program, should that include regulation and permitting, that would
involve a fee and involve regulation and some kind of plan about where
we would want to see, where it would be allowed to have.
Elliott: I think it's worthy of discussion for both practical and philosophical
concerns about this. I would be willing to go with the second
consideration and not to condense the votes tonight, and I have one
question, Dale. The first gentleman, why was he not provided? Did he
apply too late? Were there no permits left?
Helling: We don't take applications for this. Oh, you mean for...
Elliott: The gentleman indicated he had applied for a Ped Mall permit. Was it too
late, and you may not know right now because it's probably on a list or...
Altimus: (unable to hear)
Helling: Yeah...
Altimus: (unable to hear)
Helling: He's probably one of the people still on the list, but there were, we could
only pick six and two out of about 13 or 14.
Wilburn: Annually we have people that are on the waiting list. I also, just for
another piece of information for the Council, I do, now I wasn't there or
however it may have been interpreted that we don't currently regulate this,
but it is consistent with both the, the.. .now I'm forgetting what we call it.
The sidewalk cafes, and with the carts in the Ped Mall, that people are
told, even when they're allowed, it's for one year and it's subject to
change, so no one is ever told, you know, you can do what you want, or
that it won't change. They are informed ofthat.
Dilkes: I think you need to just generally, you need to keep your focus on how you
want the space to be used. I think we've cautioned you before about the,
you know, limiting or somehow reducing competition is not going to be
viewed as a valid purpose, but in terms of how you want the space in your
Pedestrian Mall and on Iowa Avenue, and your parking spaces to be used,
if you look at the wherefore clauses in the ordinance, we specifically
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#13
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drafted them to say, to be consistent with other provisions that try and
keep parking for its intended purpose.
Elliott: I think, at least I'm not talking about protecting or lacking competition.
I'm talking about level playing field - that it is done very fairly, and 1
think those are the things we need to discuss.
Bailey: Well, and 1 think one permitting process would be...1 mean, we have a
process. Using that, expanding that, if there's interest, would be to me the
most obvious, and using parking spots for vehicles - we talked about
. blocking those zones and blocking the streets, even after hours. It gets
very crowded down there, and 1 think that that's appropriate.
Wilburn: That would be my...ifwe can fit any more in the right-of-way, either in
the Pedestrian Mall or on the sidewalk ofIowa A venue, I'd be willing to
consider that, but I, I've been on Council for six years now and I'll
frequently get beat up about parking and availability, and I'm (laughter)
downtown in the evenings on the weekends, and there are a lot of people
wanting to come to either cafes or restaurants, or you know.. .and looking
for places to park.
Vanderhoef: If we're going to have a discussion, all 1 would ask is as we look at the
locations for these that we have mapping of current sidewalk vaults and
delivery areas for the businesses in any area that we might look at, if we're
talking about daytime hours. Ifwe're talking after 5:00, then no concern.
Champion: Mike, how do you feel about it?
O'Donnell: Well, I share Regenia's concern with businesses downtown (unable to
hear) I'm really not interested in street vendors. We somehow arrived at
6 carts downtown?
Helling: On the Ped Mall.
O'Donnell: On the Ped Mall. There's obviously a reason we arrived at six.
Helling: So there's not too many there, but we.. .six seemed to be.. .it was five and
then when it was completed over by the, between the Library and Plaza
Towers, then we added the sixth one. Now we could, you know, put more
in there. It's just a judgment call on how many people you want, you
know, vendors concentrated in a certain limited area.
O'Donnell: Well, I'm not interested in (unable to hear). 1 would consider, 1 would
consider more carts on the Pedestrian Mall, but (unable to hear).
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#13 Page 42
Dogan: The businesses we are in front of, there's no food or service at that hour,
and we are not in front of any cafes. There are no streets that are in front
of a cafe, as far as a street vendor is concerned, and we've had a great
relationship with everyone we've been in front of, not only supporting us,
but we also have signatures supporting our cause and they do want us
there, including others that do serve food, as well, at those hours, which is
Milio's and we believe we've been doing a great job the last two years.
We've never really had any major concerns, complaints or problems.
Wilburn: And you've already, you've already stated this. What I would
recommend, this is second consideration tonight. If this passes, there will
be a third reading on the next Council meeting, which is July 18th. You
can submit those petitions between now and then. You have that third
reading to come and present any additional information. If this should
pass as...okay? Roll call. Item carries 6-1; Champion in the negative.
And again, that next meeting is July 18th, and you would submit any
documentation to the Clerk's office.
Karr: We could accept it tonight if you. . .do you want to do it tonight?
Wilburn: Do you have it with you tonight? Your petitions, do you have it tonight?
Karr: Do you want to do it right now?
Dogan: We only have (unable to hear)
Wilburn: Okay, there would be no problem with taking what you have and, I mean,
it would all go on record. Okay, it's entirely up to you.
Dogan: (unable to hear) Will you accept documentation of further insurance?
Karr: Motion to accept.
O'Donnell: So moved.
Wilburn: Moved by O'Donnell.
Vanderhoef: Second.
Wilburn: Seconded by Vanderhoef to accept correspondence. All those in favor say
"aye." Opposed same sign. Carries 7-0.
Champion: I hope we can defer the third reading on this until we have some time to
discuss this.
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Wilburn:
Well, it'll be on the, it'll be on the (several people talking at once;
laughter)
Karr:
I guess I can tell you, I've got some businesses that I know may want to
talk on the opposite end of this, so I could see that...I totally agree, but I
just didn't know if you wanted to be done with it before the fall season
starts, when we have a whole new series of vendors and employees
coming in. So it might be good to resolve it if we possibly could, sooner
rather than later. Just to get some direction.
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#19 Page 44
ITEM 19 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E
AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA
AND THE CITY OF CORAL VILLE, IOWA FOR THE PROVISION
OF ANIMAL CARE SERVICES.
Champion: I'd like to move that we do Item 19 out of order. (unable to hear)
Bailey: Item 19 and 20?
Champion: Yeah.
Wilburn: Any objection?
Vanderhoef: Go for it.
Wilburn: Item 19 moved by Champion.
Bailey: Second.
Wilburn: Seconded by Bailey to move Items 19 and 20 up in the order. Can ljust
read this now? (several talking) All in favor say "aye." Opposed same
sign. Okay, item carries 7-0. (reads Item 19)
Bailey: Move the resolution.
Wilburn: Moved by Bailey.
O'Donnell: Second.
Wilburn: Seconded by O'Donnell. Discussion? Go ahead. (laughter)
Goodman: I have nothing to discuss. You folks have some questions?
Bailey: Glad we have an agreement.
Goodman: Me too!
Elliott: There were questions and answers last night, so we did get some
information on this.
Wilburn: Roll call. Item carries 7-0.
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ITEM 20 CONSIDER A RESOLUTION ESTABLISHING AN ANIMAL
CARE TASKFORCE.
Bailey: Move the resolution.
Vanderhoef: Second.
Wilburn: Moved by Bailey; seconded by Vanderhoef. Discussion?
Bailey: I hope that this Task Force can actually take on that education component,
because I think that's critical with spay and neuter and those kinds of
Issues.
Goodman: That's my hope too. The idea of the Task Force was a little bit different
than the Advisory Board. It was to expand it more regionally. With the
contract with Coralville and the future contract with Johnson County,
which we hope to rewrite again, and have everybody work together in a
regional way instead to deal with those issues that are causing everybody
problems and money and pet population is one of those things.
Champion: Well, we're very proud of our animal care and adoption and give you
credit for that.
Wilburn: Roll call. Item carries 7-0.
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#15 Page 46
ITEM 15 CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED
"ALCOHOLIC BEVERAGES," CHAPTER 2, ENTITLED
"LIQUOR LICENSES AND BEER PERMITS," BY AMENDING
SECTION 3 TO ELIMINATE THE REQUIREMENT THAT
JOHNSON COUNTY OFFICIALS APPROVE APPLICATIONS
FOR ALCOHOL LICENSES AND PERMITS AND TO MAKE
ADDITIONAL CHANGES RESULTING FROM THE STATE'S
NEW ELECTRONIC FILING SYSTEM AND THE INCREASED
INSPECTIONS BY THE FIRE DEPARTMENT. (FIRST
CONSIDERATION)
Vanderhoef: Move first consideration.
Wilburn: Moved by Vanderhoef.
Correia: Second.
Wilburn: Seconded by Correia. Discussion?
Elliott: And it is 16 that identifies the specific process.
Correia: I just want to thank the Johnson County (unable to hear)
Wilburn: Roll call.
Elliott: And by the way, I did check with the County Attorney's office and they
indicated that they were happy, saw no problem with this process.
Wilburn: Item carries 7-0.
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#16
ITEM 16
Bailey:
Wilburn:
Correia:
Wilburn:
Elliott:
Wilburn:
Elliott:
Correia:
Wilburn:
Elliott:
Wilburn:
Correia:
Elliott:
Bailey:
Elliott:
Bailey:
Page 47
CONSIDER A RESOLUTION APPROVING THE POLICE
CHIEF'S GUIDELINES FOR DETERMINING WHETHER
APPLICANTS FOR INITIAL AND RENEWAL LIQUOR
LICENSES, BEER PERMITS AND WINE PERMITS ARE OF
"GOOD MORAL CHARACTER."
Move the resolution.
Moved by Bailey.
Second.
Seconded by Correia. Discussion?
I move an amendment that would eliminate the consideration of the
request for law enforcement for fighting a disorderly conduct.
I'm sorry, can you restate that, please?
I move an amendment that would eliminate the specific item that would
include for consideration calls for police assistance to deter or interrupt
fighting or other disorderly conduct.
I don't think that the...
Moved by Elliott. Item dies for lack of a second.
Silence reigns supreme.
Discussion on the main motion?
Ijust want to clarify that I don't think that my understanding of this
doesn't say that if they call for assistance that they're in any way
penalized for seeking assistance. It's that...
It died anyway. I'm just saying that people will be reticent to call for
assistance, I can tell you that.
Well, these are criteria and they're not necessarily...
It died! It died a gentle death.
And I also want to point out that this "good moral character" was not our
language, but the State ofIowa's, bless them.
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#16 Page 48
O'Donnell: I really think it's unfortunate choice of the wording there, good moral
character. It could have been accomplished so many other ways, and that
should be changed. It's simply running a good business. I think that's...
Bailey: Probably comes from the 1930's, right?
O'Donnell: (unable to hear)
Bailey: Prohibition language?
Elliott: I agree, Mike, but... yep.
Wilburn: Roll call. Item carries 7-0.
Karr: Motion to accept correspondence.
Vanderhoef: So moved.
Wilburn: Moved by Vanderhoef.
Bailey: Second.
Wilburn: Seconded by Bailey to accept correspondence. All those in favor say
"aye." Opposed same sign. Carries 7-0.
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Council meeting of June 27, 2006.
#18 Page 49
ITEM 18 CONSIDER A RESOLUTION APPROVING THE CONTRACT
BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR
DISPLAY OF A SCULPTURE ON THE PENINSULA PARK
SCULPTOR'S SHOWCASE.
Bailey: Move the resolution.
Wilburn: Moved by Bailey.
Champion: Second.
Wilburn: Seconded by Champion. Discussion?
Champion: Another great public art!
Wilburn: Roll call. Item carries 7-0.
Elliott: Discretion is the better part of that.
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#21 Page 50
ITEM 21 CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
MCCOLLISTER BOULEVARD IOWA RIVER BRIDGE
PROJECT.
Vanderhoef: Move the resolution.
Wilburn: Moved by Vanderhoef.
Bailey: Second.
Wilburn: Seconded by Bailey. Discussion? I do better when I don't look up over
that way. (several talking at once) Roll call. Item carries 7-0.
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#24 Page 51
ITEM 24 CITY COUNCIL INFORMATION.
Wilburn: Amy?
Correia: I just want to (unable to hear) he's moved out of town. Congratulations to
him and Shelly on their wedding and good luck in Muscatine. They won't
be gone from Iowa City, both working still at the University ofIowa
Hospitals and Clinics, but certainly miss the involvement in the
community and living here. Just want to congratulate - I think many of us
were at that Ambassador to City award ceremony. It was a great honor,
testament to the work with real estate association and Iowa City Housing
Authority. It was a great event. Many accolades from folks from
Washington, D.C. and the national organizations, that was really good to
see! I visited the Iowa City Airport last week. Janelle Rettig, new
member of the Iowa City Airport Commission, had a meeting with some
ofthe State Legislators and since I think I may be the only Councilor who
had never been out to the Iowa City Airport, she invited me along, so that
was very instructive and got me thinking about some flying lessons,
although I'm afraid of heights. I probably won't. (laughter) The thought
of being at the wheel of an airplane...
Elliott: That's a bad combination!
Correia: Yeah! I think so, but it was very good visit, and it was good to get an
update from the Airport Commission, and just a little update from the
Youth Advisory Commission. We have some members that are involved
with a youth facilitator training that United Action for Youth is holding
and I attended this facilitator training and the idea is to have youth become
facilitators to facilitate some community meetings around results from the
Iowa Youth Survey. So for the next few months I'll let folks know when
there may be some community meetings set up to talk about these results
and what we might do in the community related to what youth are saying.
That's it.
Wilburn: Connie?
Champion: I'd just like to comment that we've, I haven't polled them personally, but
the Dog Park has already sold 500 permits.
Bailey: That's great!
O'Donnell: Just one short thing. I think that tonight we saw a neighborhood
wholeheartedly endorse a contractor, Bill Frantz. I just thought that was
really special. Thanks Bill, and the neighborhood. That's it. (several
talking; laughter)
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#24 Page 52
Wilburn: Dee?
Vanderhoef: Okay, I'll just add on to Amy's about the realtor award. I had an
opportunity to visit with a woman from D.C. and invited her to contact our
housing lobbyists at National League of the Cities and then I spoke to
some staff this past week and asked them to put her on a workshop in
December, ifnot December then March, and get the word out, but I was
able to tell two or three people from other communities across the nation
about this program, and also brag a little bit about our city and our
realtors, and what they offer to us. I think that's probably all I'm going to
do tonight before I cough again.
Wilburn: Regenia?
Bailey: Ijust want to remind people the Jazz Fest is this weekend, and (unable to
understand), Connie, so you know, I expect to see you down there. I know
I'll be down there, and remind people that Riverside Shakespeare Festival
is also going on and I'm looking forward to attending that Friday.
Elliott: Better music downtown. Shakespeare was not a musician.
Bailey: Yeah, but he's a comic.
Elliott: I have, there's at least one post-tornado situation. I think it's embarrassing
for our City. Within the past month, the Council quickly and unanimously
approved ofthe City spending money for cleanup and some sizeable
amounts of money for cleanup from the tornado, and we did that
unanimously. It was a good business practice and we did it, and I
remember saying at the time that I hope we are as considerate of private
businesses and individuals. Now the Dairy Queen has come up ~ they
want to replace an historic sign. They want to put up a replica, and we
find out we cant' do it. It's going to take so much time. It's going to take
Planning and Zoning in July, the Council will get in in August, goes
before the Board of Adjustment later in August. Ifwe can't find
ordinances for signs that allow for some common sense, do away with the
ordinance, but that said, I hope when this comes to the Council we do
everything within our power to expedite that. The businesses need at least
as much consideration as the City. One more thing that makes this ironic.
Just this afternoon, I had an interview with a person and we were looking
at ways to foster historic preservation, and so now we have a sign that is
by any stretch ofthe imagination, historic, and we say we gotta have you
jump through all sorts of hoops to do it. It just doesn't make sense. That's
all.
Wilburn: Just a couple things from me tonight. I'd just like to say to the public it's
important for us to have certain processes in place, whether it's a sign
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#24
Page 53
regulation or other things, so that. . . we have to give time for things to
work through the process. Those things help keep us to where we have
consensus in the community, just as a.. . certainly there are people who are
in favor of a Dairy Queen sign. There may be an issue that comes up that
a certain segment, small segment of the community, wants to see and
going through the process helps to make sure that we are sticking to
something that is a consensus. That's why it's important to not just do it,
but allow the process to work, and I appreciate the public for your patience
in those matters. Secondly, just want to announce for the Council that the
City Manager and I were invited to participate in a discussion on
homelessness issues by members ofthe, is that the CRC?
Atkins:
Consultation of Religious Communities.
Wilburn:
We did that at the Unitarian Church the other night, and there were
representatives there. It's the same group that's been putting on the
forums. I just want to thank those folks for their questions and the
invitation. City Manager?
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Council meeting of June 27, 2006.
#25
ITEM 25
Atkins:
Wilburn:
Bailey:
Atkins:
Wilburn:
Page 54
REPORT ON ITEMS FROM CITY STAFF.
One sort of, little bit of a long-winded item. I was listening to you this
evening, and we often don't take a moment to step back and think about
the body of the work that you've accomplished. I was thinking tonight,
you help Johnson County, you got a family a new dream horne, you
preserved an older neighborhood through investment not regulation, you
laid plans for a new bridge, you took another step in expanding our transit
system, we're sharing a new government service, and we got a new
coffeehouse. I think you had a pretty good evening!
There you go!
Coffeehouse with desserts!
Coffeehouse with desserts. . . (laughing)
City Attorney? City Clerk?
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of June 27, 2006.