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HomeMy WebLinkAbout2006-09-05 Transcription #2 ITEM 2 Wilburn: Karr: Wilburn: Lyons: Wilburn: Page I PROCLAMATIONS. a) International Student Day - September 13, 2006 (reads proclamation) Here to accept the proclamation is Caryl Lyons, the current President of Friends ofIntemational Students. (applause) .. .you're welcome.. .you're very welcome. I want to thank the City ofIowa City and Mayor Wilburn for the proclamation for International Student Day. We do think that the students add so much to our community and we hope that we give them something from our community to take back to their countries and cities with them when they leave. That's the purpose of Friends ofIntemational Students to connect students with an individual American family or person that. . . who can help them learn what America is beyond classes at the University. There are a number of other members of the Friends of International Students Board here tonight. I'll try to introduce them. Maybe you can either stand up or wave your hand. Kuansay Khamphilanouvong, Katya Boltanova, Penny Kincaid, Gail Royar, Ken Royar, Larry Afifi, Sandra Bolton, and I'm Caryl Lyons, and we thank you very much. Next week, the September 13'\ which is International Student Day, there will be a reception for anyone who's interested to come from the community. We're specially honoring people who have worked with Friends of International Students over the years, but we want to welcome anybody who has any interest in becoming a "friend" of an international student or anyone who could, know anyone who would be interested because we really have more students right now than we have American friends to match with them. The reception will be from 5:30 to 6:30 in the Office of International Students and Scholars conference room, which is right where Younkers used to be in the Old Capital Center, a week from tomorrow that is. So, thank you again very much and we hope some of you will come celebrate International Student Day next week. Thank you, and thank you for the work that your group does. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #2 ITEM 2 Wilburn: Karr: Folsom: Wilburn: Page 2 PROCLAMATIONS. c) Suicide Prevention Week - September 10-16, 2006 (reads proclamation) Here to accept the proclamation from the Crisis Center is Andrea Folsom. (applause) Thank you, Mayor Wilburn, and the City Council Members for supporting the vitally important issue of suicide prevention. My name is Andrea Folsom and I am a volunteer and Board Member at the Crisis Center. Death by suicide is both a national and local problem. In Johnson County, the suicide rate is 12.1 per 100,000 individuals, higher than the national suicide rate of 10.8 per 100,000. Further, two-thirds of those who die by suicide suffer from depression; however, suicide is preventable. If you are considering hurting yourself, we encourage you to contact a friend, family member, or the Crisis Center at 351-0140. It is possible to have hope again. If you have a concern about a friend or a family member and you're wondering how to help them, again, we encourage you to contact the Crisis Center at 351-0140. You are not alone. We will help you get the information needed to help your loved one. If you have lost someone to suicide, the Crisis Center offers a suicide survivor's support group. Please call the Crisis Center for more information. The Crisis Center offers confidential and anonymous counseling 24 hours a day, 7 days a week. If you are interested in volunteering, please join us on September 19th, at 7:00 P.M., for Volunteer Information Night. You can call the Crisis Center again at 351-0140 for more information. Together we can prevent death by suicide. Thank you. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. _.---_._._--------~_._~--_._------------~- #2 ITEM 2 Wilburn: Karr: Weiner: Williams: Page 3 PROCLAMATIONS. b) Prostate Cancer Awareness Month - September 2006 (reads proclamation) Here to accept the proclamation is Dr. George Weiner, Director of the Holden Cancer Center and Dr. Dick Williams, Professor and Chair, Department of Urology. (applause) Mr. Mayor, City Council Members, thank you for helping raise awareness about prostate cancer. Weare in fact making progress against prostate cancer. This progress has been the result of the research that's taken place over many years, and the result of the fact that the stigma of getting tested for prostate cancer is decreasing and more men are undergoing the needed testing. However, this progress is clearly not fast enough. There are still many men who have early-stage prostate cancer, which could be easily treated if detected now who are not getting tested and in whom the disease is not being detected. In addition, there is considerable room for progress in research. We could detect it more easily. We can develop better approaches to less invasive therapy and we also need to make great advances in men whose prostate cancer has already spread. In that area, our progress has been less than impressive. It's very important that we move forward on all of these fronts, and I'm extremely privileged today to have with me Dr. Richard Williams who is a Professor of Urology and Chair of the Department of Urology, as well as a world expert in prostate cancer, to say a few words about some ofthe recent progress and where we're headed with that disease. Thank you. Thanks, George. Thanks, Mayor Wilburn, and all of you for the recognition that prostate cancer is indeed a very important disease that we can treat, if we find it early enough. I'd just like to mention that the way one gets screened is actually pretty simple. It's a blood test and a simple exam. Maybe to the man when he first hears about it, it doesn't appear that simple, but having had several myself, it really isn't that big a deal. We need to encourage them to do it, particularly ifthey have a family member who has had prostate cancer - a father or a brother, African- Americans as have been mentioned. We recommend that men at the age of 50, ifthey don't have history, get the screening; age 40 if they do have family history. So, these are important issues. There's some good news today. The American Cancer Society in the last year determined that instead of being the second leading cause of death in American men, prostate cancer is now the third leading cause of death. Now, it's not a major change, but it's a significant change, and it's related - we believe- to screening. Let me also mention that in our own University, in the Cancer Center, we are developing vaccines to try and treat prostate cancer, and recently have been approved for a Phase I study, which is the initial This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #2 Page 4 study for a vaccine, that's called Addtral, for men with prostate cancer, and in fact, we're injecting it directly into the prostate. We've started that this week. It'll take another six months to learn ifit's going to work, but here we are with some new ideas, things that we think can make a difference, and we appreciate very much your supporting the Prostate Cancer Awareness Month. Wilburn: Thank you, and thank you for appearing tonight. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. - --,_.~-,,------~----~~--~-",------------'-'----'-----------"----,~-_._._--"--,._..-----_._-,._._~_..__..,_..._----"----_.~-_.__.~-_..- ~ P.5 ITEM 3 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. Correia: Second. Wilburn: Moved by Champion; seconded by Correia. Discussion? Bailey: I was going to point this out during the work session, but since it was cut short that it's Council Work Session, August 21 st, page 4, Item 13, Elmira Street - I think I said, "On my street." I just... Karr: I'm sorry? Bailey: It says "Elmira Street." Karr: Right. Bailey: I think I said, "On my street." I don't think we have an Elmira Street. Elliott: Yes, we do. Bailey: Okay. Well, I wasn't referring to that. I just want to make sure that that little hole isn't there. Now I know that we have an Elmira Street. Elliott: Ross, I'd like a little clarification on Item 2, the National Incident Management System, what we are asked to adopt and I'm just wondering, is there anything in there about which we should be aware? We've just come through the Patriot Act, which was distasteful to many, many people. Atkins: The National Incident Management System is a direction by the Department of Homeland Security, particularly directed at local governments, and it requires various city officials, as well as in our case two elected officials, where you have the Mayor and Mayor Pro Tern, to do some basic reading and some understanding of the process by which we might undertake in the event of an emergency. We have our own internal policies, but in order for us to be eligible for monies from Homeland Security, FEMA, agencies such as that in the future, it was required that we adopt this, again, National Management Information System. Wilburn: A lot of it, and correct me ifI'm wrong, Regenia, Steve, is more about chain of command and nomenclature so that there's cornmon information. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. _..,,-.."---_._-------~-~_._.,,_.._.-"'.._-_.__._~._._---_._--_.__._-~~.._- ~ ~6 Elliott: Good, good, thank you. Correia: The County has gone through this. Atkins: Yes. Correia: . . . all of the department heads and all of the supervisors. Atkins: Virtually, all local governments that want to participate in any kind of funding by the federal government, you have to have this NIMS training. Vanderhoef: Number 3, I just had a question, and you didn't have anyone from Transportation at the work meeting, and I don't see anyone out here tonight, but I was curious whether the Iowa Clean Air grant that we're applying for, whether there is potential to apply for two years in a row for aggregation for the grade separation project? Atkins: Dee, I can't imagine why it wouldn't. This was the grant that we applied for a year ago and... Vanderhoef: Uh-huh, and didn't get. Atkins: .. . successful, and we're after it again, but as far as aggregation, my instinct - I can confirm that for you - I would like for you to proceed with this this evening, but I can confirm it for you. Okay. Vanderhoef: Oh yeah, certainly, but the $6.2 million and technically the City only has to pay 20% of the project, matching their 80%, so I would like to see this extended to help us out with this project. Atkins: Yep, we'll find out. Yes. Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of September 5, 2006. ____Om ___.__._.___._..~~___~___.__,___._._'"_." #4 Page 7 ITEM 4a COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Wilburn: This is... Karr: Mr. Mayor, you have that addition for "a." Wilburn: Ah, thank you. Let's see. For a late permit motions and resolutions as recommended by the City Clerk, this is for, it's a memo that we received tonight. I see here a permit for Casey's, same for Casey's Marketing Company dba Dubuque Street HandiMart on Dubuque Street, Class C beer permit for Casey's Marketing Company dba Sunset HandiMart, and resolution to issue cigarette permit to Casey's Marketing Company dba Dubuque Street. This was a late addition. Ordinarily, we have considered these permits, whether it's liquor or cigarettes, if they come in after publication of the agenda, that they appear at our work session to ask for it to be considered tonight. Because we had the work session tonight, there was a timing issue, and so, I had gone ahead and put it on. That's why you don't see it with your Consent Calendar tonight. I asked the City Clerk to extend an invitation to someone from Casey's to speak to. . . if someone from Council has a question. I don't know if anyone is here tonight. There is someone. . . would you mind approaching the. . . and just state your name and then if a Council Member has a question. Haworth: Kirk Haworth, Regional Manager for Casey's General Stores. Wilburn: Okay, thank you very much for saying that. Vanderhoef: I can't recall whether Casey's have had any incidents of selling to underage, either cigarettes or alcohol. Can you fill me in on that? Haworth: Not to my knowledge. Vanderhoef: Okay. Karr: This is a new application. Haworth: Yes. Bailey: Because of the purchase. . . Karr: Because of the purchase by Casey's of HandiMarts. So there's not been a Casey's in Iowa City up until this point. Vanderhoef: Okay, that's what I'm thinking of. Thank you and I didn't mean to reflect on Casey's. I was reflecting on location. Tbis represents only a reasonably accurate transcription oftbe Iowa City City Council meeting of September 5, 2006. #4 Page 8 Wilburn: Any comments, questions? Okay, thank you. Haworth: I would like to add that I do have a copy of our age-restricted products. All the signs that we put up and the training material, if you would like to have it. Wilburn: If you want to submit it to the City Clerk, and I'll entertain a motion to accept correspondence. Elliott: So moved. Bailey: So moved. Wilburn: Moved by Elliott; seconded by Bailey. All those in favor say "aye." Opposed same sign. Carries 7-0. Champion: Move 4a. Wilburn: Urn, I'm sorry, I allowed that...well, anyway, moved by Champion. Bailey: Second. Wilburn: Seconded by Bailey. Discussion.. . any further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. ----_.._~.._-_._--~-----------------_..__..._.._---~.--.--...---.--..-.-----,.,-----.-..--..-----.---------.-.~_.._,--,-~._-_....__.__._._-_._.._--_.._-_.-- #4 Page 9 ITEM 4b COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Wilburn: Now, item 4, this is Community Comment. This is for items that are not on tonight's agenda. If you wish to address the Council, please approach the podium, state your name, and please limit your comments to five minutes or less. Honohan: I'll try to keep it to five minutes, Mr. Mayor. Wilburn: Or less. Honohan: Mr. Mayor, Members of the Council, I'm Jay Honohan. I'm a member of the Senior Center Commission. I'm here to report tonight on the 25th Anniversary ofthe Iowa City/Johnson County Senior Center. I got two items for you. I have a little listing of all the different programs... Wilburn: I'm sorry, Jay, can you.. .you want to just... Honohan: I'm sorry. I got a listing of all the different programs, and then I got buttons for everybody. Now the Mayor attended and we had our grand opening, if you want to call it that, to celebrate the 25 years Thursday. We had a tremendous crowd and a great program. The former Mayor, Ernie Lehman, was our M.C. and Constance Todd, from the National Council on Senior Centers and the National Institute of Aging was our main speaker. It was a very good program, and at that program, we initiated a new award and we're calling it the Rachel Dennis Award. Rachel Dennis is 91 years old and she was one of four people that began the Senior Center promotion in Iowa City 25 years ago, and we presented that award to her at the meeting. Some of the highlights of what we are doing, of course, we have the award-winning film festival, which is coming up. The Committee asked for suggestions of their favorite movies, and so every Friday afternoon for the month of September, these movies are going to be shown in the Senior Center in Room 202 in the afternoon. One thing I'd like to invite you to is on the 14th we're going to have a Texas Hold 'em and chili supper fundraiser, and for your fee - if you're a non-member it's 10 bucks and if you're a Senior Center member it's $5. You get the poker chips, chili, non-alcoholic beverages, and entertaimnent, and all proceeds will go to the Senior Center scholarship fund. I'd also like to invite you to the chicken noodle dance on September 28th from 6:00 to 9:00 P .M. You know, the Chicken Dance! O'Donnell: How does that go, Jay? (laughter) Honohan: I won't demonstrate it tonight, but I've done it. And...we've got the Lyle Beaver Duo is going to play that night. We're going to have homemade chicken and noodles, again, with non-alcoholic drinks. Membership, or This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #4 Wilburn: Honohan: Wilburn: Neades: Champion: Neades: Page 10 fee there is $3.00 and $5.00 for non-members, and we're going to have a contest on who can do the Chicken Dance the best. I would also like to invite you to attend, Loren Horton is going to do two lectures about Iowa City and the world in 1981. One of the things is a typo there - it wasn't 1881. It's 1981. That's going to be open to the public and that'll be held on September 11 and September 18th. We're looking forward to all of these events and of course, these are just the special events. At the Senior Center, as we always do, we're always having our programs and our classes throughout the thing, throughout the month, but you're always welcome to come, and wear those pins! Thank you. Thank you. I sat in with a Dixieland group last week at the Senior Center. Some mighty fine players there! Oh yeah, yeah. Well, the Silver Swing does good too! All right. Thank you. Good evening. I am not going to do the Chicken Noodle Dance (laughter) and I did not bring you presents, per se, but I did bring you a gift. We have, I'm Rebecca Neades from the Chamber of Commerce, and we have been working and talking to a lot of our downtown businesses about double parking in the middle of Dubuque Street, and some options that we could maybe work out with you folks about what to do about that. There aren't alleys there - they need deliveries, but then, you know, we also acknowledge that there's a safety issue that needs addressed, as well. So, I just wanted to share with you that we've had those discussions with retail, with bar owners, with restaurant owners, with service, and with delivery people, and think we've come up with bare minimum they can live with, and that's not exactly what we want to do, you know. We'd like to do something that feels good all the way around, but certainly get to the point of safety and you know, the ease of parking and walking downtown, and so what I'd like to suggest is that the Chamber would be happy to host a meeting with a couple of you folks and with two or so business owners downtown - I'd pick one retail and one bar/restaurant, because I think you need that balance, and really just come up with a few suggestions that you all can live with and that we can as well. So I'd be happy to set that if, maybe I could call the Mayor tomorrow and you could let me know who would be interested in serving on that. (feedback sound coming from mic) Am I doing that? Sorry... I think that sounds like a great idea. Becky, probably should have some more ofthe drivers on it too. I'll increase it to three then, through a driver in there. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. --_._--~.~_._~-"--~-~--_._-_.__.__.-----_.,----"_._-_._._--,._---~----_."_.,_._---,.--- #4 Page 11 Elliott: Connie, I agree with you. Vanderhoef: Absolutely! Wilburn: And so are two of you who are agreeing willing to allow me to give Rebecca your name when she calls me? Elliott: I'd be interested. O'Donnell: That sounds great to me! Bob and Connie. Champion: Well, no, I think I'll be perceived as not being... Wilburn: Impartial? Champion: Yeah, because I'm right there, and I would be impartial, but in case we came up with a plan that some of the drivers didn't like, they would say, "Oh, I bet Connie did that." O'Donnell: I would be glad to, in that case. Champion: Somebody more neutral that... Wilburn: All right, thank you. Neades: I'll contact you tomorrow. Thanks. Swanson: Hi, I'm Alan Swanson. I'm a realtor with Blank and McCune. I'm here tonight with some of my friends. Gwen Johnson is a realtor with Lepic Kroeger and she represents Mackinaw Village and the Peninsula. Gary Frakes, Gary Frakes Construction, and he has Oakmont Estates out on Foster Road. Tom Bender has a construction company, or a developer I should say, and has Elk Run Condominiums out on Foster Road, but we're here because we're excited about the concept of all the realtors and all the developers on Foster Road working together, at something we're going to call "Foster Crossing." It looks like this - I'll give you this later, but we wanted, we were all cooperating to get people to know about Foster Road, what's going on out there. Of course, you on the Council know this, but just to review quickly. It's a home to many residential projects, including Idyllwild, Elk Run Condominiums, the Peninsula Neighborhood, Mackinaw Village, Oakmont Estates, many pre-existing homes, the Elks Club, Elks Golf Club, Parkview Church, the Thornberry Dog Park, the forthcoming Disc Golf Course, a network of trails that includes the new pedestrian bridge to Coralville, and what we're doing is working all together to get more visibility for this area, and to have some fun events out there, and I'm here tonight to tell you about two of those events that This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of September 5, 2006. #4 Page 12 you would be invited to, and also the public is invited to. The first one is a lunch and learn to be held on Tuesday, September 19th, 12 noon at the Elks Club on Foster Road and it will be sponsored by West Bank and a sack lunch will be provided. Lunch donations willbe accepted on behalf of United Way of Johnson County. Speakers will be on hand to discuss the new and upcoming additions to the public recreation facilities in the area, the progress of development along Foster Road, the Riverwalk redevelopment just across the Iowa River in Coralville, and more. Space will be limited, so please contact the Gwen Johnson Group at 248-0545 if you'd like to attend. And I will turn this into your group. The second event is on the following Friday evening, September 22nd, and we'll welcome fall with a cookout at the Elks Club patio, and burgers, hot dogs, and beverages will be available for sale and there'll be games for the kids. Bring your own lawn chairs and stay for an evening of free live music provided by the Shades of Blue band. The cookout will be from 5:00 to 6:00 P.M. and the band will perform until 9:00 P.M. We also encourage you to bring a new or slightly used child's coat as part of the Coats for Kids Drive. This event is a weather-permitting event. So we may reschedule it if we're rained out, but ifit rains, it won't be held. That's it. I think the main thing I just want to convey is that we're real excited and I think that this original concept goes back to the idea, Foster Crossing, that's more folklore perhaps than history, but at one time, as I understand it from some City staff, people used to cross the Peninsula at this point and where the Iowa River Power Bridge is now was a ferry crossing and actually, I learned from Dee today that the house that the man lived in, or that the family lived in that had the ferry, is part of the water park that's on the other side of interstate 80, but anyway, Foster Crossing name comes from that and we're just thinking of it as just one giant neighborhood of all these developments, all these neighborhoods, and all these amenities. So, I'll just give this to somebody up there and thank you very much. Karr: Motion to accept correspondence. Bailey: So moved. Vanderhoef: Second. Wilburn: Moved by Bailey; seconded by Vanderhoef to accept correspondence. All those in favor say "aye." Opposed same sign. Thank you. Thanks for your (several talking at once). Sullivan: Hi, my name is Rod Sullivan. I live at 2326 E. Court Street in Iowa City and I actually, before I speak, have a question for the City Attorney, if I may. There's an item on your agenda later. I want to talk, it's a zoning item, and I want to talk about the financing of that item, as opposed to the zoning. Is now the time? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #4 Wilburn: Sullivan: Wilburn: Sullivan: Page 13 Actually, now would be the time because we're not taking action on financing later. So now would be okay? Now would be okay. Okay, thank you. First of all, I've got to take part of my five minutes just to fill it with caveats. I'm a member of the Johnson County Board of Supervisors, but I'm here today just as a citizen ofIowa City and as an individual supervisor. Any comments that I make shouldn't be construed as representing the whole board, because they're mine and mine alone. I want to talk a little bit about the financing of the Hieronymus Partners development. Again, another caveat, although I don't know Mr. Hieronymus or Mr. Hodge particularly well, I have mutual friends with each ofthem and I want to assure them that I wish them nothing but well. I just have some questions regarding financing here that I think Iowa City needs to take very seriously. I want to thank the Economic Development Committee. I was told that they, earlier today, remanded decision about TIF for this project back to staff to consider at greater length and I'm very pleased about that. TIF, for people who don't know, is tax increment financing and tax increment financing is used frequently by cities as a method for incentivizing development that wouldn't happen otherwise, and frankly, that's the number one reason why I'm opposed to its use in this case. I think it's pretty clear that you've got a group of folks who are very interested in doing a project here and I wish them well. Ijust don't know that the public should be paying for this project. I don't see where incentives are necessary. I think that the project is moving forward and, again, I'm not against it. I just.. .I'm against using TIF to finance. The bulk of the building would be residential and using TIP for residential units, given the rollback, I don't think is financially wise for the City. I don't see that a project of this sort would create any jobs, which is another reason that we frequently use tax increment financing, is the creation of long-term jobs and I don't see that in this case, and TIF's hurt other taxing entities. The way that TIF's work, the entity that grants the TIF takes all of the tax revenue and so, in this case, the Iowa City Community School District and the Johnson County Board of Supervisors wouldn't receive any tax revenue for anything that's on the TIF rolls. I can't necessarily speak for the School District, but they've certainly talked a lot recently about tight budgets. I can speak for Johnson County when I know that we have a tight budget, and obviously, the folks in Iowa City who are all residents of Johnson County depend on services that the County provides, such as ambulance, sheriff, public health, human services, veterans affairs, services for people with disabilities, and things of that nature. Given that we are at our levy limit, it's pretty hard to imagine that if we have less This represents only a reasonably accnrate transcription of the Iowa City City Council meeting of September 5, 2006. #4 Page 14 financing available in future years that we'll be able to provide the same level of service to Iowa City residents. So, you know, the bottom line to me is very simple. We don't necessarily have to have a new building. There's not necessarily a huge public good served by a building. It may turn out to be a great thing and I think the market will probably.. .has shown that it would be very successful, and I think it would be. With that said, I don't see any reason to offer any incentives for something that I think the market can take care of anyway. I just don't think taxpayers should be financing what should be a private endeavor. So, thank you. Wilburn: Thank you, and just so that you're aware of the process, Rod, no decision was made. An application has been put in. It's being reviewed by our Economic Development Committee, as presented by staff, and they will later make a recommendation to the City, should that application come forward. Sullivan: That was my understanding, and I apologize if!, if! misstated it somehow. Thank you. Wilburn: Thank you. Would anyone else care to address the Council on an item that does not appear on tonight's agenda? Neades: Sorry to come back, but I had one more thing to add. Rebecca Neades, Iowa City Area Chamber. This discussion about TIF is actually pretty good timing because the Chamber is bringing in Bob Josten who is a leading TIF expert in the state to be, to do a seminar for us, so I'll pass some cards up to the front, if you're interested in knowing a little bit more or coming to the seminar. Just give the Chamber a call. We'd love to have you! But, it's...we'd like to present a very balanced view, not pro- not con. Just what is TIF, how does it work - some of the basics. So... Vanderhoef: Could you give the date please? Neades: It's Friday the 15'\ September 15'\ which is a week from this Friday, from noon to 2:00. There is a small cost to register, which includes lunch and your packet and the rest is.. .you'll need to R.S.V.P. if you're interested. Wilburn: Thank you. The Chair will entertain a motion to accept correspondence. Vanderhoef: So moved. Wilburn: Moved by Vanderhoef. Bailey: Second. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #4 Wilburn: Moore: Wilburn: Moore: Wilburn: Page 15 Seconded by Bailey. All those in favor say "aye." Opposed same sign. Carries 7-0. Anyone else care to address the Council? Good evening. My name is Amy Moore and I actually live in University Heights, but the problem I wanted to bring up this evening is one that effects Iowa City and will probably seem rather trivial considering your agenda for this evening, but it actually effected me just this evening and found out there was a Council meeting so I thought I would come down, but my husband and I and our young son moved here in May of this year from Chicago and we've so far loved Iowa City and think it's a great place to raise a family. But there's one issue that I've come across and I want to, please forgive me my ignorance, but with bicycles in the city, and I've noted, as a cyclist myself and I commuted in Chicago, I would ride ten miles a day downtown, but I've noted here in Iowa City that there seems to be a lot of use on bicycles on the sidewalk, and this problem, I've noticed has become far more prevalent with the return of the students, and it's of great concern to me, especially now that I'm dragging around a very small son, usually in a stroller, that we've almost been run over several times, and I was wondering, I was going to go out on a limb and assume that, especially with the dedicated bike lanes here in town, that there is some sort of ordinance regarding bicycles and the right-of-way and not being on sidewalks, but, like I said, forgive me my ignorance. I'm unaware, maybe it is okay to do that, but I've never lived anywhere that it was, and I was wondering ifthere was any type of enforcement of that and... It's prohibited in the downtown district. The boundaries, Burlington Street, Gilbert.. . (several talking at once). It's, there's an effort made, in particular at the beginning of semesters, they're complaint-driven. Unless an officer sees someone do it, you know, unfortunately. There's an effort made at the beginning of the semester with new folks coming to town of, just like with some other things you may have seen in the paper, we get complaints about and unfortunately certain things, but there is an effort to... Okay, well, I appreciate you enlightening me on that and I assumed that was the case, but if.. . definitely a bug could be put in someone's ear regarding enforcement of that. I know it probably seems trivial, but when you're about taken out several times in the course of a day, it does come to your attention that maybe people should be on the road. So, I appreciate that. All right, welcome to the area, and should you or anyone in the public be curious about what our City ordinances are, you can look at the world wide web, www.icgov.org, and you can click on a link to a variety of things related to the City. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. ._--~.~"--,------------"-------_._--~--~._._-------_.-.._,----~ #4 Page 16 Moore: Okay, thank you very much. I appreciate it! Wilburn: You're welcome. Would anyone else care to address the Council on an item that does not appear on tonight's agenda? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #5 ITEM 5 Page 17 PLANNING AND ZONING MATTERS. b) AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE NEAR SOUTHSIDE DESIGN PLAN TO CONSIDER CENTRAL BUSINESS (CB-IO) ZONING SOUTH OF BURLINGTON STREET. 1. PUBLIC HEARING Wilburn: (pounds gavel) Public hearing is open. (pounds gavel) Public hearing is closed. 2. CONSIDER A RESOLUTION Champion: Move the resolution. O'Donnell: Second. Wilburn: Moved by Champion; seconded by O'Donnell. Discussion? Correia: I just had a question for that area. This...is this the area, just to refresh my memory, ofthe city that we had moved to direct Planning Department to do a plan, an updated plan, on the Central Business District, just overall? Vanderhoef: Not the Central Business... Franklin: Correia: Franklin: Bailey: Franklin: Elliott: Franklin: Correia: Franklin: Correia: Not that I'm aware of1 (laughter) That doesn't include... We had discussions of the Market Street commercial area, but I don't know that we have gotten any direction from the Council to look at this area specifically. We did talk about the south.. . The Central Planning District? Okay! You were asking about that and you were asking about priorities. Right! Central Planning District is around the downtown and the near southside. Okay. So it's south of the tracks. It does not include this area. Oh, it doesn't. Okay. This represents only a reasonahly accurate transcription ofthe Iowa City City Council meeting of September 5, 2006. #5 Page 18 Wilburn: Any other questions or comments? Bailey: Well, I'm excited that we are jumping downtown to south of Burlington. I think we all knew that this would happen, it's just happening a little bit sooner than maybe some of us expected. So, I think that this will be a good move. Vanderhoef: Certainly the possibilities of higher density, given the alternative of sprawl, for covering commercial activities, including the housing that is being built in our city. So given that, I think this is a very wise decision to change. This is actually a very limited area that we're talking about. We're talking about just south one block to Court Street and bounded on the east by Gilbert Street, and on the west by Madison Street. So, it's just one block strip that is immediately south of Burlington, and has great potential for some more redevelopment. We've already had some at this point. Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #5 Page 19 ITEM 5 PLANNING AND ZONING MATTERS. c) CONDITIONALLY REZONING 1.12 ACRES OF PROPERTY LOCATED AT 314 & 328 S. CLINTON STREET FROM CENTRAL BUSINESS SUPPORT (CB-5) ZONE TO CENTRAL BUSINESS (CB-I0) ZONE. (REZ-06-00015) 1. PUBLIC HEARING Wilburn: (pounds gavel) Public hearing is open. Hieronymus: Good evening. My name is John Hieronymus. I represent the family that owns the property at the corner of Clinton and Burlington Street, and I'm here with Mike Hodge and Kevin Digmann from Hodge Construction, and we just want to give you a brief introduction to the project that we have hoped to build, and a short presentation to do that. What we need to do is ask for approval of the zoning change. We've been working with the City staff for several months and the Planning and Zoning for the last several weeks to come up with something that we could agree to in a Conditional Zoning Agreement. Ijust wanted to give you a very brief history of how we got to this point, and a brieflook at what we're hoping to build. I realize this is the first formal introduction for any of you, other than what you may have seen in the newspaper, but we've been working on it for some time. My family has been in Iowa City since the late 40's and my mother, Freda, was especially instrumental in the Iowa City area. She was a great believer in improving the City ofIowa City, especially downtown, and she was instrumental in urban renewal. The largest projects that she managed to help create were the Plaza Center One, the downtown shopping center and Capital House, which is a low-income housing center for elderly downtown. She managed to become the first female President ofthe Chamber of Commerce in an effort to improve Iowa City. During that time, she put together several small pieces of property that are now combined on the corner of Burlington and Clinton Street, with the hope of building a larger commercial property. Over the years, those smaller properties have been raised at various attempts to try to build something that would be beneficial to the city. The last attempt was in 1995. She had a building with construction plans all ready to go and for a variety of reasons, that fell through. That was in 1995. Shortly after her death, I was approached by a local construction with the intent of seeing if we could work out a group, or a joint venture, to come up with something that we could manage (TAPE ENDS). We're very excited about what we've managed to put together at this point. We're hoping that you will be too, and Mike and Kevin are here in particular to try to give you just a quick rundown on what the project entails and what we're hoping to build, and why it's necessary for us to have a change in the zoning ofthis particular property. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. ~ p.w Hodge: I'm Mike Hodge with Hodge Construction. Hieronymus: Okay, this is just an overview of the area. You can see where Clinton and Burlington Streets are here, and in particular, where the City parking ramp is. Part of the parking ramp was built on what used to be Hieronymus property, but was taken in order to provide that ramp, and of course, the building that we hope to build is on the corner next to the ramp and is labeled on the diagram here "Hieronymus Square." We've put together a group called Hieronymus Square Associates that's made up of the two entities - Hodge Construction and the Hieronymus family, through Hieronymus Partners. Mike? Hodge: The building that we are proposing is a 13-story building with approximately an 1,800 to 2,000 square foot footprint and netting a total of about 240,000 square feet. The first floor would be retail and would, as we show, has a two-story front lobby, and in the next, we'd probably have one to two floors of office/commercial, and above that, we're hoping to have two to three floors of a hotel that we are still working on on this concept. The balance of the floors above the hotel would be for residential, high-end condominiums and as you can see, we'd have outside balconies and courtyards. The... we would have direct access to the parking ramp at, I believe, floor 2 for the office/retail, office/commercial area. The.. .once we give the architects the go-ahead, it would be about an 8 to 12 month design period and the building period would be approximately two years, so if we were to move forward, it'd be about 2009 that we would look at completion - somewhere at the end of 2009. Digmann: Hi, I'm Kevin Digmann. I'm just going to talk about a few more features ofthe building, but I guess, you guys have kind ofran through the commercial. .. the Conditional Zoning Agreement that we've done, spells out several things, and that goes along with the rezoning. So, it's just not a pure zoning to CB-lO. There's several requirements that have been put in place. One thing I was going to point out, I've got my little pointer here, but you know, in the Planning and Zoning, they talked about making this area pedestrian- friendly, and one requirement was that the building be set back, you know, an additional 1 0 feet from the property line, and that was vertically all the way up, but what we've done to make it even more, you know, pedestrian-friendly, is we're setting the whole, you know, the actual, the upper floors cantilever out over the first floor. So we're really going to have 30 feet on both sides of the building, between the curb and the actual first level. So, this kind of gives you a low-level of that. From this point to the curb line would be 30 feet. We've got upper floors kind of cantilever out like a big awning that'll actually extend out about 10 feet. So, this is stuff that we've all...as we've worked with the City staff, part of our Conditional Zoning requires that we go through design review. We've been working with them to add some elements on the lower levels This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of September 5, 2006. #5 Page 21 to really make things more, you know, pedestrian-friendly, and then this kind of shows you kind of the overview of what the building and the courtyard will look like. I think you saw this a little bit earlier in the planning, in your informal meeting, but the idea behind it is, this is Burlington.. .or Clinton over here. So the length of the building will run over the end. Right over here is where the former Rebel Plaza used to be that was recently torn down and then this will be Burlington. This will be kind ofthe two-story lobby like Mike was mentioned to you. We'll (unable to understand) again so that's back 30 feet from both sides. The traffic pattern will be that this will be an in.. . come in here. They would make a loop around, drop off a person, or maybe a loading-type area for the commercial tenants. Then you proceed down here. . . the upper floors are residential. You'll go down a parking ramp. Below the whole lot, the whole site, there'll be at least 80 underground parking spots, and then you'd continue out to leave. We have a designated service area back here, kind of a nice courtyard with a nice feature in there, and we'll have, you know, potentially an outside patio, if we're successful with a restaurant, and then some green space out there. Kind of make this whole back area real public and then again, right along here, is of course the new parking ramp. So we wanted to keep the courtyard wide enough and design the building in such a way that for the residents or whatever, there's plenty of views for the office users. So that's why we've chosen to go right along the edge of that building like that. So... we have, this is kind of a flyaround, but this kind of gives you an idea, this is supposed to go all the way around, but we couldn't get it to work on this computer, but it kind of gives you a scale of some of the buildings around it. You know, we know this'll be 13 stories. Think this right here represents Plaza Towers. This is the Sheraton, and then of course, you know, we've got a parking ramp there and there and just on the other side ofthe Sheraton. Gives you a little idea of the perspective. So...so ifthere's any... Hieronymus: Just wanted to mention that the architects that we have are Cal Lewis and Neuman Munson, and they've come up with this initial design for us, and made lots of modifications as we've worked with the City staff, and this is only at the concept stage, of course, but once we, if we can get this moving and if we can manage the critical aspect of finding tenants and finding people who are interested in the spaces, then we'll proceed with construction drawings and move on. Of course, what we need from you is approval of the zoning changes. If you have any questions, be happy to try to answer them. Vanderhoef: Does the courtyard stay open all the way up, or just to that third or fourth floor? Hieronymus: The courtyard's built over the top of parking so it's at ground level, and so it's just open at the ground level. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #5 Page 22 Digmann: Yeah, but it does go all the way up. There's nothing over... Hieronymus: No, there's nothing over the top of the court. Vanderhoef: So it's open air all the way up. Digmann: On that one side where I told you about the drive-through in there. Actually, that's just on the lower level. Above that, it is built over it, you know, so that the building will cantilever up. So that you will be driving under the building as you go under that section. O'Donnell: How many floors did you say are commercial? Hieronymus: Well, our intent, of course, would be make as much of it some form of commercial as we can. At this point, what we're planning is a ground level that would be retail commercial, one or two floors of business, and hopefully a hotel, but again, and we're at a concept stage, we haven't begun the real marketing of this, and so it will be dependent on the market as to how high we can go with the commercial portion of the property. Digmann: What's in the zoning, what's in the Conditional Zoning Agreement, is the first floor will be retail and one additional floor of commercial. O'Donnell: That's a substantial amount of commercial though. That's a big building. Wilburn: Other questions by Council? I know you're at the preliminary stages, but any. . . have you done any initial studies about quest for the. . . the Plaza Towers, I know, they were very successful at, I think before they broke ground, most of those condominiums were sold. I'm just curious, have you done any. . . Digmann: Yeah, I mean, I think, I mean it's going to be a little different. This is clearly a lot bigger building than that, and I think we haven't really done it because we don't know if we can do it. You know, Plaza Towers, he had the zoning. It wasn't a question of doing something, but we would, you know, as soon as we know we can get the zoning and we have that, then we'll really start marketing. I mean, there has been some interest, but we haven't been too aggressive on it because we don't know if we're going to be successful in the zoning change. Wilburn: Right. I was just curious as to any initial takers. So, all right. Roll call. Karr: No, it's a Public Hearing. Do you want to close it? Wilburn: I'm sorry, it's still Public Hearing. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. ~ p.n O'Donnell: Move first consideration. Wilburn: Let me close the Public Hearing first. (pounds gavel) Public hearing is closed. Now... 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Bailey: Second. Wilburn: ...moved by O'Donnell; seconded by Bailey. I didn't look up....discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #5 Page 24 ITEM 5 PLANNING AND ZONING MATTERS. d) VACATING THE EASTIWEST ALLEY IN BLOCK 102. (V AC06-00005) 1. PUBLIC HEARING Wilburn: (pounds gavel) Public hearing is open. (pounds gavel) Public hearing is closed. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) O'Donnell: Move first consideration. Bailey: Second. Wilburn: Moved by O'Donnell; seconded by Bailey. Discussion? Correia: So this is the alley that you refer to as the current alley, but there will still be access to the public going to this building to do drop-oCCs. Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #5 Page 25 ITEM 5 PLANNING AND ZONING MATTERS. g. CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A HOME BUSINESS ON 3.3 ACRES LOCATED AT 4396 TAFT AVENUE. Champion: Move approval. O'Donnell: Second. Wilburn: Moved by Champion; seconded by O'Donnell. Discussion? Vanderhoef: I still would like to have this come back to. . . for review by City Council, if there were major changes being made in improvements, other than what we've been notified of right now, which is a garage and an addition on the house. Bailey: And that would require change of the (unable to hear) agreement, correct? Vanderhoef: Or it could be specific to this lot. Franklin: You could make that part of your recommendation to the County Board of Adjustment; however, remember that what you are doing is purely advisory. Vanderhoef: Uh-huh. Bailey: So if we wanted to do it, are you suggesting that would have to be... Franklin: You would need to change your motion, or you would need to amend the motion on the floor to amend the letter, indicating that you wish this to be subject to further review by the City ifthere is substantial development on the site. Bailey: And it's property-specific? Vanderhoef: Uh-huh. I would make that motion. Bailey: I second that. Wilburn: Moved by Vanderhoef; seconded by Bailey to amend by asking that the Council, that the letter be amended to reflect further notification, pending other changes? Champion: This home-based business is just for this particular person who's living there now. Isn't that correct? So I don't personally see any reason to put This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. ----,---------_...._-----~-- #5 Page 26 any more restrictions on it, especially since we really wouldn't have the final say anyway. Dilkes: That's the advice that the Council is giving to the County, about it being restricted to this zone. Champion: Oh, I thought it was. Bailey: We're only acting from an advisory capacity, right? I mean, it's up to the County to make that decision ifit's... Champion: Oh, okay, okay, I misunderstood it. I thought the County zoning was only for this.. . never mind! Franklin: It's a Conditional Use Permit that is granted by the County Board of Adjustment, and it is for a home-based business. Now, one factor that I didn't bring up in the work session is that I'm sure that ifthis business changes remarkably, it will cease to be a home-based business and will be a commercial use in their zone. So there's probably some mechanism there that is going to come into play regardless, but Dee, I don't know the scope of your concern. So, you can amend the letter that indicates that you would like to have further City review, if there is a substantial change made. Vanderhoef: That's my intent. Just so that future Councils have that opportunity to comment on it, at least. Wilburn: Go ahead. It's not a hearing. Karr: My name is G. T. Karr and I am the owner ofthe property and the business. So I'm here to answer any questions you have, and basically, just quickly, what brought this all up, we are putting an addition on the house and we're expecting twins and we have two lOXIa bedrooms. So it's (laughter), yeah, before we put six figures into the property, I want to make darn sure that we're not going to have to move. We don't have anybody out there. Like Karin said earlier, we've been doing this with no complaints for four years now. Just wanting to make sure that the County's going to allow us to do it, and then we got kicked out over here obviously because we're in the fringe area. So, as far as the large developments, I'm living there and my understanding is that the County won't let me do any of that anyway. We can certainly put up pole buildings if they're for our personal use, but what we're looking at is just having a computer at my desk. I go to everybody's houses and our employees go to the job site. Urn, and if we were to have to build a commercial space there, we wouldn't get the zoning and our overhead would be through the roof and that would affect our health insurance and This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #5 Page 27 stuff for our employees. So, that's basically what we're looking at. Any other questions? Vanderhoef: At this point, so, if...it won't hurt you, in other words, if we put this in for a review? Karr: Right, I'm just making sure that everyone's understanding that we are going to be putting an addition on and that we will have to apply for a building permit. Vanderhoef: That we knew, and I have no problem with that. Karr: Okay, thank you. Elliott: I don't think that the amendment is necessary, but it's, we're only asking so I'll be happy to vote for it, if you feel strongly about it. Wilburn: All those in favor of the amendment signify by saying "aye." Opposed same sign. Carries 7-0. Champion: No, no, I'm not... Wilburn: Okay, let me correct that. 5-2, thank you. I was doing calculus instead of arithmetic. 5-2, Champion and O'Donnell in the negative. Carries. Now, on the main motion to send the letter, all those in favor signify by saying "aye." Opposed same sign. Carries 7-0. This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of September 5, 2006. --_._.__._---------_..._---------.--------~._-'----_..------,._-------_._--_._--_.,------~----------- ~ p.~ ITEM 5 PLANNING AND ZONING MATTERS. h) CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING APPROVAL OF A REZONING FROM COUNTY RESIDENTIAL (R) ZONE TO COUNTY MANUFACTURED HOUSING RESIDENTIAL (RMH) ZONE FOR APPROXIMATELY .58 ACRES OF PROPERTY LOCATED ADJACENT TO THE SOUTH SIDE OF LAKE RIDGE MANUFACTURED HOME PARK, WEST OF RIVERSIDE DRIVE. O'Donnell: Move approval. Bailey: Move approval. Wilburn: Moved by O'Donnell; seconded by Bailey. Discussion? Elliott: From my reading of the information, the owner is not required to do this, so I commend him for doing...I think it's very necessary, and it's a public safety situation for the people who live there. Vanderhoef: I second that! Wilburn: All those in favor say "aye." Opposed same sign. Carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. -------~_._~,.._---------~--------'-----"- -- -'"-.-----.------. ~ hpE ITEM 8 CONSIDER A RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $3,350,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C, AND LEVYING A TAX TO PAY THE NOTES. Champion: Move the resolution. Wilburn: Moved by Champion. Vanderhoef: Second. Wilburn: Seconded by Vanderhoef. Discussion? Champion: Can Ijust have a little explanation what all that means? Wilburn: Kevin? Wake up, Kev. O'Malley: Connie, what you're doing here is actually making the contract for the bonds to be given to the bond holders, and saying that as a body, you will be issuing a tax to pay for these bonds. Champion: Okay, thank you. That explains it. Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #9 Page 30 ITEM 9 DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LOWER WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT. a) PUBLIC HEARING Wilburn: (pounds gavel) Public hearing is open. (pounds gavel) Public hearing is closed. b) CONSIDER A RESOLUTION Bailey: Move the resolution. Wilburn: Moved by Bailey. Vanderhoef: Second. Wilburn: Seconded by Vanderhoef. Discussion? Vanderhoef: About how much land are we talking about? Dilkes: Engineer's going to have to answer that. We don't have final plats yet. Panos: My name's Dave Panos with Engineering Department. What we're looking at with this project is basically obtaining temporary easements for construction and some permanent storm sewer and drainage easements for the project. That's in essence what we'll be needing for the project. No additional right-of-ways at this time. Vanderhoef: No additional? Panos: Right. Vanderhoef: So they're all temporary construction, or permanent easement for services? Panos: Correct, correct. The permanent easements are mainly for the placement of culverts, cross culverts and piping for the structures, for drainage structures. So we're hooking up permanent storm sewer and drainage easements for those. Vanderhoef: So we'll have to buy that? Panos: That'll be permanent easement, that's correct. This represents only a reasonably accurate trauscription of the Iowa City City Council meeting of September 5, 2006. #9 Correia: Panos: Correia: Panos: Wilburn: Page 31 How were the property owners notified? The property owners were notified. We actually held a pre-design meeting before the project started and we went through the basics of the project, what our intent was. The property owners were notified with a letter, stating that following the public hearing, I will meet with each property owner and go through each easement with them that effects their property and let them know exactly how they will be affected. And that pre-design meeting, how many people came to that? The pre-design meeting was pretty well attended. I'd say more than 50% of the residents out there attended, and my intent as I said with this follow- up is to meet with property owners and to go into a little more detail with them as to what we're needing for the project. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #10 ITEM 10 Wilburn: Bailey: Correia: Wilburn: Elliott: Atkins: Dilkes: Elliott: Wilburn: Correia: Atkins: Correia: Atkins: Page 32 AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 938 LONGFELLOW PLACE. a) PUBLIC HEARING (pounds gavel) Public hearing is open. (pounds gavel) Public hearing is closed. b) CONSIDER A RESOLUTION Move the resolution. Second. Moved by Bailey; seconded by Correia. Discussion? I have a question about this, as to...with a down payment of $25,000, now why is the City involved in a second mortgage, and the DAP, I assume that's out ofCDBG funds, or some City funds. I guess my question is why there's a necessity for a second mortgage, and just recently, why, why with that amount of down payment, is the bank not providing the entire loan? First off, the income guideline, otherwise, Bob, I can't answer that. I'd have to check with the bank. I think that's right. I think it's that because of the cost of the property, whatever loan criteria the bank has cannot be met for more than $80,000. I suspect, given the amount of the down payment, it's probably income. Somehow this just isn't, doesn't sit right with me. This is a college graduate with $25,000 for a down payment and the City is providing additional down payment, additional funds for down payment of $5,000, and it requires a second mortgage. Something doesn't ring right with me. Okay. Eligibility guidelines for households to be eligible relates to what their income is. There's no look at assets or...it says personal and family funds, if they're gifted something or inherited... I believe it was inherited. Inherited? So this, so the program is what their income is. And we do it at 80% of.. ..yeah, and I believe this family is like 60... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #10 Page 33 Correia: At 60% of the area median income? Vanderhoef: That'd be 80. Atkins: Yeah, it's less than our guideline. Elliott: Looks to me, I drove by it, it looks like a brand-new home, and (several talking at once) and we just did one of these where the bank required only a $500 down payment, and it, the total... Correia: Bob, I think that has to do with, they require that a certain percentage of the down payment, but you still have to have a certain income to be eligible for the loan amount. Champion: This could be a social worker. Just because he's a 4-year graduate doesn't necessarily mean they make a lot of money. Elliott: Somehow it just seems to me, someone with that amount of money for a down payment, recent college degree, this...I would think there would be people who would be much more in need of our assistance. Vanderhoef: Bob, one ofthe things of the other ones that we have sold, most ofthose people are higher income, they're in closer to that 80%. So, it means that the salary, and the monthly payment that they can handle. If you're down in the 60% of median income, the possibility of making the regular payment. So I would suggest that that large down payment through the personal and family funds is actually working to get the monthly payment down to where they can handle it. Elliott: And I guess if you. . . the initial funding would be something like 17%, with the additional $5,000 that moves it up a little above 20%, and I would think that if we work with banks, the 20% down payment ought to be able to, there shouldn't be a second mortgage needed. Correia: Well, Bob, a 20% down payment on something and then whatever the mortgage is you can afford based on your income. I think what we're seeing is, this is a house selling at the $147,000. I don't know what's the family size? Being able to afford something at the income, even with that down payment with what the market is selling for, they wouldn't be able to get into something else. O'Donnell: Bob, I share your concerns on this, but it's, the $25,000 is a gift and a loan is based on income, so that's other income.. . the loan justifies so much for payments. So I'm, I'm going to support it. This represents only a reasonably accnrate transcription of the Iowa City City Council meeting of September 5, 2006. --".._._~~-,.~-_._--~-"-,_._--------'-~-'-~._.__.,--'--_._._~_._-- #10 Wilburn: Elliott: Boothroy: Wilburn: Dilkes: Boothroy: Dilkes: Wilburn: Correia: Boothroy: Dilkes: Wilburn: Elliott: Correia: Page 34 I'm sorry. Bob mentioned CDBG, this doesn't involved CDBG funds. No, I don't know where the funds under DAP come from. I'm sorry. Doug Boothroy with the Housing Authority tonight. The, there were some CDBG Funds used in the purchase of the land. Eleanor, is this removed enough that I can vote on this, or am I conflicted? Sorry, I wasn't aware ofthis before. CDBG Funds used in purchase ofthe land, but there's no, there aren't any CDBG Funds being used to finance the sale. Has nothing to do with the financing of the sale. I think it's okay. Okay, thank you. So the DAP, that's the down payment assistance program, that's Home Funds? Yeah. That's Home Funds? (several talking, laughter) Okay, thank you. I will be abstaining on this item. I have.. . due to, excuse me, Bob, for a second. First I got to finish my spiel. (laughter) This involves Community Development Block Grant or Home Funds, and I have a conflict because I work for an organization that has received this funding in tIie past and I'm conflicted on future funding. As a matter of fact, conflicted is the word I was going to use because I've been a proponent of one of the best ways to assist in this sort of thing, is providing low-interest loans for down payment. It just, the total package ofthis is something that I don't particularly agree with, but it's going to get passed and so, let's move on. Well, I support this. This is, I just like at some point, when we're talking about future Council discussions about housing, to talk about the possibility of using the community (unable to hear), where we would not, we would continue ownership of the land. That way, it brings down the cost even more without needing to have, needing to have that second mortgage. So I just wanted to throw that out for discussion at some point about this program. This represents only a reasonahly accurate transcription ofthe Iowa City City Council meeting of September 5, 2006. ----~_..__._-~-_._.._..._-_._-------~-_.._._-.~-_._-- #10 Page 35 O'Donnell: That would be something I wouldn't support. (several talking at once) Bailey: Are we ready for a vote on this item? Carries 5-1, Elliott in the negative, Wilburn abstaining due to conflict of interest. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #11 Page 36 ITEM 11 CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES" CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS," TO ESTABLISH FINES FOR LIBRARY PARKING VIOLATIONS. (FIRST CONSIDERATION) Vanderhoef: Move first consideration. Wilburn: Moved by Vanderhoef. Bailey: Second. Wilburn: Seconded by Bailey. Discussion? Vanderhoef: This is something we inadvertently took out when we were doing some fines and fees, and so I'll be looking to expedite this next time. Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. _~__"..___._"..._.__,,____~.___...M...______'________'__..- #12 Page 37 ITEM 12 CONSIDER AN ORDINANCE AMENDING TITLE 7, ENTITLED "FIRE PREVENTION AND PROTECTION," CHAPTER 1, ENTITLED "FIRE CODE" BY AMENDING SECTION 4 TO INCREASE THE PENALTIES FOR OVERCROWDING. (SECOND CONSIDERATION) Bailey: Move second consideration. Vanderhoef: Second. Wilburn: Moved by Bailey; seconded by Vanderhoef. Discussion? Elliott: I move that this be amended to include the staff recommendation for a starting date of February 1. O'Donnell: Second. Wilburn: Moved by Elliott; seconded by O'Donnell. Discussion? O'Donnell: I think with any change there has to be a grace period. These fines are going up substantially, and we heard tonight that our Fire Chief and others have gone in and people are starting to comply with this. There's different designs that are being involved here ofbar/restaurants and I believe the people should have an opportunity to comply. It's certainly not compromising safety. The fines are in place, the ordinances are enforced, but the fine is going to be delayed, and I support that. Correia: I just want to make it clear to everyone that the increase in the fines was going to be, is what you're proposing to delay. That the current ordinance with the current fee structure is in place, and that ordinance is being enforced, and it sounds like a lot of good work going back and forth between business owners and the Fire Department, and it was good to hear Chief Rocca say that he believes that (unable to hear) is happening. So... Bailey: I'm glad that good work is happening and I'm glad that our departments are working hard with property owners, but I believe it sends a strong message to begin enforcing the higher fines as soon as we pass the ordinance, and so I won't be supporting this amendment. I think we need to send a strong message. We've overlooked occupancy for too long, and I think it's time that we get really serious about fire safety. Vanderhoef: I fully agree with you, Regenia. That's, that's where I sit, so I won't support this amendment. Bailey: As long as people are complying, higher fines won't come into play, and Andy seemed to indicate, and Austin seemed to indicate, that's what we're This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #12 Elliott: Boothroy: Bailey: Boothroy: Bailey: Boothroy: Page 38 seeing and that's what we want to see, but I think we still need to send a strong message. Doug, can remind me if I'm wrong on this, but this is a 3-pronged, basically a 3-pronged inspection on square feet being one of them, but another one is the bathroom facilities, and the bathroom facilities being the most stringent and the most difficult to comply with at this point, and that has precious little to do with fire safety. Actually, it's 4-pronged. It's floor area, exiting, sprinklers, and bathrooms are the criteria that corne into playas we review the owner's request to increase their occupancy, and it all depends on the situation. Every situation is different, depending on the architecture and the design and the space and so forth, so in some cases, an establishment may be having difficulty with bathrooms, and in another case, they may be having difficulty with an exit. So, it's really hard to make any broad generalization as to what's the most difficult. It all depends on the circumstances ofthe business. That being said, we have met with the architects that are doing, at least a half a dozen if not more, in the downtown area and people are finding a way to increase their occupancy by becoming co-compliant, which means meeting these four criteria. So, it does take time to get there. If you're going to put... we have one that's putting in, upgrading their sprinkler system. They've gotten a bid. They've got to now schedule it. It's going to take weeks before that gets installed, and it can't just happen immediately. So, we work with these individuals during that time period to allow them that effort to happen. Also getting with the architects, they have a work schedule and so sometimes, what I've heard, is that sometimes they're stacked up two and three deep waiting to have them take a look at their building and their plan. So, it takes time to move all this into the direction of co-compliance, but as I said earlier, people are making that effort. If they're moving into higher occupancy, what...I think what you mean to say is it takes time for them to move, to be able to have the occupancies at the level they've enjoyed when we haven't really been enforcing occupancies. They still have an occupancy number, is that correct? That's correct, and that occupancy.. . So that's the occupancy number that would be expected to be enforced currently, until they have the sprinkler system or the other measures in place. Is that. . . am I understanding this time frame. . . I think generally, we're sort of saying the same thing but not quite meeting here on what we're saying. The.. . many occupancies, all the places downtown have occupancies that are established. Some of these This represents only a reasonably accurate transcription ofthe Iowa City City Conncil meeting of September 5, 2006. #12 Page 39 occupancies don't reflect capacity of the floor area or the space of the building, and part of the reason for that, and 1 can't give you specifics, but because those aren't fully compliant with all of the four criteria I'm talking about, their occupancies are lower than they're used to having, as far as a business capacity. So the process that we're going through right now is, now that they've recognized and identified that, 'Gee, my occupancy is only 120 and I've been putting in 200 on a regular basis, ever since I've been in business; how do I get to that point,' which has been my normal occupanl:;y, and which has not necessarily been an issue with the Fire Department, and the way they get there, Regenia, is that they become co-compliant. They put the exit in, they reconfigure their floor area, they put bathrooms in, they put sprinkling systems in.. .so they can get to a point where they can be at a point that they're co-compliant and have the occupancy that's close to where they need to be. Bailey: No, close to the capacity. Boothroy: Right. Bailey: I mean, they've always had an occupancy number. Boothroy: That's correct. Bailey: It doesn't change. Boothroy: Yes it does. Bailey: They've operated...well, it can change, but that's different than what they view as business capacity and the fact of the matter is, what is the surprise, is that we haven't been enforcing the occupancy. They've been operating at a capacity level. . . Boothroy: Right. Bailey: .. . and so when I talk about getting serious about this, I think it's about time that we begin to enforce the ordinance as written. We don't talk about capacity, we talk about occupancy. So people have enjoyed this false sense of capacity, which really hasn't been any kind of compliance, so to postpone this because, 'Oh, you know, capacity/occupancy,' seems kind of silly to me. O'Donnell: Well, we're not postponing anything. Bailey: We're postponing the increase of the fines. O'Donnell: We're postponing the increase in the fines. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006, #12 Page 40 Bailey: That's the amendment on the table. O'Donnell: That's right, but we also are going to do the Fire inspections, and if it's abused, we're going to fine them. I think... Bailey: But we haven't been real serious about this, and I want to make sure. . . (several talking). O'Donnell: I'm very serious about it. I'm very serious about delaying it until February. Bailey: Right, I get that, but obviously there wouldn't be this confusion if we would have been enforcing occupancy all along. O'Donnell: Well, whose fault is that? Bailey: Well, apparently, it's ours. O'Donnell: Well, it's partially ours. Bailey: No, I would have the City accept full responsibility, but now it's time to get serious and do the right thing, and so I think we need to step up and do the right thing. O'Donnell: You know though, I think everybody needs time to adjust to this. There's, I'm sure there's a capacity on these very Chambers, and I'm sure that's been abused some night, but nobody's come in and fined the Mayor. You know, we've had people clear away from the door and we've had people.. . (several talking at once)... Wilburn: I think you both have made your points. Is there anyone else who cares to address the. . . Champion: I think the point is, like Chief Rocca made also, is that occupancy is not necessarily (unable to understand) Fire Department's looking at, because they don't consider 100 people in this building, in this huge space, as a fire hazard. It's a combination of the fire, the housing inspection, and the Fire Chief that come up with these numbers. I mean, obviously, you come up with the numbers, but the Chief said it isn't necessarily dangerous. Bailey: You're confusing me, Connie. We enforce occupancy, because that is the number. Capacity is not the number, right? Okay. Champion: I don't think we've gone around and done occupancies on these buildings before. This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of September 5, 2006. _.~-~.~--~._---------_._----_...__._-~----_._"'_.~.."...-.-...-- #12 Correia: Boothroy: Correia: Boothroy: Correia: Boothroy: Correia: Bailey: Wilburn: Karr: Page 41 I have a question. (several talking) We had just had, we've had the crowd control training, right? Okay. That's my understanding. So all of these businesses have their occupancy, and then they're clicking in and out, they're clicking out based on their posted occupancy. I assume. I'm not really involved in that enforcement aspect. I haven't been downtown to see... That's my understanding, and that the feeling that there, that the Chief said, from doing checks this weekend, which you know was probably a pretty busy weekend, that folks were using their counters and they were complying with, the sense of, that they were complying with what their occupancy IS. I know the Fire Department's down there. I know they're looking at the situation. If they see a problem, they're going to be aggressive in enforcement. I think they're going to use discretion in their judgment on a case-by-case basis. And so I do feel that as long as we have an ordinance that we may not have been so diligent about enforcing in the past, that we are diligent now about enforcing, and we are increasing the fines and if the Fire Chief feels like either way, now or waiting until February 1st, he'll (unable to hear). I feel confident that if we're working with people, we're on it, we're looking, people are paying attention to what's going on downtown. So ifthey're compliant, the fine won't hit them. Can I get a roll call for the amendment? The motion on the amendment - do you want a roll call? Just do a voice vote, on the amendment. Wilburn: Urn, okay. Voice vote, all those in favor of the amendment to make February the point of the increased fine, signify by saying "aye." Those opposed same sign. Okay, it carries with Vanderhoef, Wilburn, and Bailey in the negative, and now can I get a roll call on the main motion, as amended. Item carries 7-0. (TAPE ENDS) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. .__._..._------_._---~~_._._----_.,.- ------------...--. .-- "._--~-,._--~._---_..._----------- - #17 Page 42 ITEM 17 CONSIDER A RESOLUTION AWARDING CONTRACT FOR THE REDEVELOPMENT OFBROOKLAND PARK Vanderhoef: Move the resolution. Wilburn: Moved by Vanderhoef. O'Donnell: Second. Wilburn: Seconded by O'Donnell. Discussion? Vanderhoef: Looks like we got four good bids that came in below the fee, but these are General Fund, GO bonds. Wilburn: Consultant's estimate was $177,755. Staff recommends awarding it to OEC, Inc., for $153,714.20. Champion: They've done a lot of upgrades (unable to hear) starting to look good. Vanderhoef: And it'll be interesting to see the new revived or expanding use of our neighborhood associations and they are using these parks for their community neighborhood center. Correia: So when would this begin? Atkins: I suspect yet this year. I couldn't tell you the exact.. .I'll get a memo out to you. Correia: Just wondering if it'll be done by next year. Atkins: Done. . . maybe not because the plantings, but moving some dirt around. . . Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #20 Page 43 ITEM 20 CITY COUNCIL INFORMATION. Wilburn: Amy? Correia: Because we didn't have Council time earlier, can I just (unable to hear). Bailey: Sure, you have the floor, you can do anything you want. (several talking and laughing) Correia: Okay, so, the Sycamore Trail, we talked about that trail that gets, the gate gets locked at the soccer park. I don't know, earlier in the day. Any update on whether that can be open until dusk, or. . . Atkins: I'll get you a memo. I'll talk to Terry. Correia: Okay. And then, the other question I have is about the request from the Consultation of Religious Communities around the finalizing the homeless overflow.. . Atkins: I'll have that at your next meeting. Correia: Okay. Because I know they're just wanting to get everything set because (unable to hear) November I st. The last thing Ijust had for information. I don't know how many people have been following articles in the National League of Cities' weekly on the.. .they had quite a few articles on the Partnership for Working Toward Inclusive Communities, which is a National League of Cities, which also encompasses their, the National Leagues' affordable housing projects that they have, and they are highlighting Race Equality Week, which is September 25 through the 29th. I don't know, you might want to have a proclamation for it at our next Council meeting. (unable to hear) Vanderhoef: There was some discussion mentioned in the minutes of the Hurnan Rights Commission, following up on some of that. So, I think a proclamation would be very much in order. This has been a national issue for the seated national president right at the moment. Correia: Right, right. Wilburn: ... write it down and submit it to the City Clerk. Correia: Sure. And I have talked with Alfred Ramirez from Diversity Focus, just about, you know, the City, if there's a sense of the Council being more actively involved in becoming a city that's a part of the National League's partnership. Cedar Rapids may also be interested (unable to hear) effort. So.. . and I attended the, I'm on the Board ofthe Housing Trust of Johnson This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of September 5, 2006. #20 Page 44 County, and the last meeting was an annual report and (unable to hear) so I'll submit that packet. Good work doing on, houses being built, collaboration. . . Vanderhoef: The two houses are going up on Rochester that I drive by every day. So. . . foundations are poured it appears for both of those. Correia: That's all I have. Wilburn: Connie? Champion: 1 don't have anything. Wilburn: Mike? O'Donnell: I went out to the Dog Park and it's really amazing how well that's being used. Be interesting knowing how many members they have now and the usage. Once again, Dean Thomberrry was a huge part of making that happen and I don't know if we ever gave him a free membership for life or...(several talking)...we gave it to Boulder, but Dean has to pay! (laughter) Okay, and Steve, I asked some time back about where the Peninsula is at this point in time. I'd like to know how they progressed, building permits, houses and so forth. I'd like to know where they are at this point. Atkins: You can ask for an update. Vanderhoef: We had a nice recognition on the Dog Park on T.V. this weekend, and... O'Donnell: I saw that! Vanderhoef: .. . and talking about that they thought they would be successful to have at least 1,000 permits sold and they had something like 1,500 sold all ready. O'Donnell: I know it's highly successful. Vanderhoef: Oh, it's... Bailey: Didn't they have the dog paddle.. . (several talking at once). Vanderhoef: If they haven't gotten their dogs out, now's the time to do it! And did we get any further on allowing the vets to issue the licenses? Atkins: Misha and 1 spoke about it. I've asked her to contact a couple vets, as well as a couple other cities to see how they go about it. Apparently, there was This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #20 Page 45 some software, how we get the information from the vet to us, but the idea appears to be something we're sort of cooking on right now. Vanderhoef: I think that's. . . (several talking at once). Matter of fact. I have nothing else to add here. Wilburn: Okay. Regenia? Bailey: I was going to bring this up during the work session, but I'll just bring this up now. Brad Neumann presented about the hazardous waste mobile collection trailer, and then he talked to JCCOG about that, as well, and I noticed that on his memo it says that the landfill does not have any events scheduled at this time, but they're offering this service to communities and for neighborhoods. Is there a possibility of being more pro-active and contacting neighborhoods and actually doing a schedule, you know, being out somewhere... Atkins: (unable to hear) Bailey: Yeah, and I think that maybe we probably have more capability of that structure than perhaps some neighborhoods or some smaller communities and be more pro-active in getting it out into the city and the county. That would be great. Since we have it, we should use it. Vanderhoef: One of the supervisors actually was very interested in how they could get it out into the county, whether it be in one of the Riversides or the Hills or one of those areas, and then promote it out there so that the country folk would have a closer place to come in and (unable to hear). Bailey: Yeah, just schedule it and promote it, rather than waiting for them to come to us. Champion: I did go out to the hazardous waste, in fact, I cleaned my basement last weekend. .. . and three trips to the landfill. (laughter) One of the trips to the landfill was to the hazardous waste. It's so easy, I mean...they just unload your car. It doesn't take any time at all. They were very pleasant. Of course, I threatened to close them down if they weren't. No! (laughter) I'm just... Bailey: They knew who it was. But it would be even simpler for some neighborhoods.. . Wilburn: Bob? Elliott: You will be please to know that I have nothing to say. (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006. #20 Wilburn: Page 46 Let's see. I did want to point out that Thursday of this week is the kickoff for the United Way's annual fundraising campaign at the Coralville Marriott. That's Thursday, September 7'\ 7:30 in the morning, and I certainly wish the United Way success with their campaign. Also, I believe Sunday is the Memorial Service for James Van Allen at Hancher Auditorium at 3:00 P.M. in the afternoon, I believe. Just encourage the public to attend. And probably just a note for the public and I guess more for Council, since we...I know we've received some bits of correspondence, and I've received several over the past few months, related to the signing ofthe U.S. Conference of Mayors Climate Protection Agreement. Some of the inquiries I've received have been respectful- just folks, you know, how come Iowa City's not on that. It's my understanding that list of cities in there has appeared in a documentary. Other comments and letters I've received have been more accusatory and angry. A few months ago actually, shortly after the Conference of Mayors met, I actually saw on their web page the results of their energy summit, and there were several pages, examples of energy efficiency savings that other communities do, and as a matter of fact, I had a conversation with the city manager. We talked about the idea of just trying to put together for the Council some, just some examples of how we had energy efficient practices in our buildings and just around those of a public nature, and Steve is having, I believe it's Rick, put some things together. At that conference, and I think it was in Nevada, the mayor signed that agreement and we are not, I guess it's been several years prior to my being on Council, where we kind of phased out of the Conference of Mayors and do our advocacy work and input in networking through the Iowa League of Cities and the National League of Cities, and so if you...I was not at that conference, and so if you weren't at that conference you didn't sign it there. Urn, but again, when I saw that report, I had to have a conversation with the city manager, and what I was hoping when we get that report that it'd be an education for us, and for the community, and I just didn't feel that I wanted to sign some agreement or goals without having some type of foundation and grounding of objectives and what our current practice is. So again, it's not that I'm against energy savings or efficiencies, so as you hear from folks that the Mayor ofIowa City refused to sign, that is not true. So, I'm just putting that out there. Otherwise... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of September 5, 2006.