HomeMy WebLinkAbout2002-09-10 Transcription#2b Page 1
ITEM 2b MAYOR'S PROCLAMATIONS
Constitution Week - September 15-21
Lehman: (Reads proclamation).
Kan': Here to accept is Sabrina Alberhasky, past Regent Pilgrim Chapter,
Daughters of the American Revolution.
Alberhasky: They objectives of the national society Daughters of the American
Revolution are promotion of education, patriotism and historic
preservation. Having these objectives we are very proud to be a part
of promoting the knowledge of the Constitution and thankful to the
Mayor and the City Council for proclaiming this Constitution Week.
We would like to present to the City Council this authorized copy of
the Colonial flag to commemorate Constitution Week. Thank you.
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ITEM 3a SPECIAL PRESENTATIONS
Johnson County Neighborhood Group of the American Sewing
Guild to Fire Chief
Lehman: Item 3 is special presentation. Before I do the one that is on the
agenda City Manager brought to my attention an article that appeared
in the Press Citizen - was that today? - which I think certainly bears
notice. It's headlined Elias Wins William D. Hatfield Award. (Reads
article). Just one more of the fine folks who work for us here at the
City. So congratulations. And the polls are open till 8:00 o'clock. I'd
hate to have anybody miss any part of this Council meeting, but they
are open until 8:00. Next we have a special presentation. At this time
I would request that Mary Ann Dorst and members of the Johnson
County Neighborhood Group of the American Sewing Guild please
come forward. Mary Ann and her group are representing a spirit quilt
to Fire Chief Andy Rocca commemorating the world changing events
of 9/11/2001.
Mary Ann Dorst: Mayor Lehman, members of thc Council, and Chief Rocca on behalf
of the Johnson County Neighborhood Group, the Cedar Rapids chapter
of the American Sewing Guild in conjunction with Joanne Fabrics
would like to present the American Spirit quilt to the Iowa City
Central Fire Station in recognition of the fire fighters contributions to
the community and their continued service. At this time I would like
to present the Sewing Guild Chapter President Ellen Schneider.
Ellen Schneider: Thank you Mary. In conjunction with Joanne Fabrics, Inc. and the
Cedar Rapids American Sewing Guild... Chapter of the American
Sewing Guild, the ladies...these three ladies here and the two others
constructed this quilt and we are asking that Captain Rocca...excuse
me Chief Rocca accept this quilt on behalf of the Fire Department. I'd
like to thank you for seeing us.
Lehman: Thank you.
Rocca: Mr. Mayor and members of the Council it's my pleasure to accept the
quilt on behalf of the Iowa City Fire Department. And I'd just like to
also thank the Johnson County Neighborhood Group and the American
Sewing Guild as well as Joanne Fabrics. What craftsmanship. It's
excellent. It's beautiful ladies. Thank you very much.
Dorst: And I should thank the folks who worked on the quilt were Sylvia
Bingham and Merrillee Dyson. They could not be here this evening.
Twyla Hammond, Marian Merihoff, and myself.
Vanderhoef: Tum it around please.
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Kanner: And if you want to keep quilting I think Women for Peace are quilting
tomorrow at Trinity Episcopal.
O'Donnell: Very nice.
Vanderhoef: Beautiful work.
Champion: Very nice.
Rocca: Thank you so much.
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ITEM 3b SPECIAL PRESENTATIONS
Lehman: At this time I'd like a motion from a Council person to move item 8, 9,
10 and 11 out of order and consider them at this time.
Pfab: So moved.
O'Donnell: Second.
Lehman: Moved by Pfab, seconded by O'Donnell. All in favor? Opposed?
Okay at this time we're going to take item 8.
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ITEM 8 CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT
1821 B STREET.
Lehman: (Reads item). Public hearing is open. Public hearing is closed. Do we
have a motion authorizing?
Vanderhoef: So moved.
Pfab: So moved.
Lehman: Moved by Vanderhoef, seconded by Pfab. Discussion? I really should
say something about taking these out of order for you folks who are
wondering what we're doing. The City of Iowa City has a program
where we participate in the purchase of homes for people within the
community where the City holds the second mortgage. These four
homes are homes where the City of Iowa City is helping folks become
homeowners in the community and it's a program that I think has the
unqualified support of Council. I think we very enthusiastically
support it. We'd like to do it at the beginning of the Council meeting
rather than take it later in the meeting which we don't know how soon
that would be because we do have special presentation. Okay roll call.
Motion carries.
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ITEM 3b SPECIAL PRESENTATIONS.
Lehman: At this time we're going to make some presentations on these homes,
but prior to that I would like to ask Doug Boothroy who is kind of the
honcho - the guy who heads this up - to make a few comments about
this program, what makes it work, and the people who make it work
because these things, you know, these things don't just happen. They
don't just appear on the agenda and we vote on them and they happen.
There's a lot of tremendous, tremendously hard work that's gone into
this by a lot of people. So, Doug if you would like to explain that a
little bit to us we'll move on.
Doug Boothroy: Thank you Ernie for my comments. I'm just kidding. The...tonight in
a few minutes you're going to be acknowledging the achievements of
four families in Iowa City who have got to a point in their life where
they can own their own home and that's quite an achievement. It's a
very important part of our society. It's part of reaching the American
Dream and I think that I'd like to say on the part of Staff and I'm sure
the Council that's it's a job well done and congratulations on reaching
that goal. But what's also very important about tonight is that we have
other people and institutions that have been involved in making this
possible for these families. Tonight we have represented from the
private sector four different banks. We have Hawkeye State Bank who
is involved with Shamrock Drive. We have the Iowa City Community
Credit Union that was involved with helping the family on Astor
Avenue realize their dream. Iowa State Bank with Amhurst Street.
And B Street which was on the Parade of Homes recently, Hills Bank
is here in their effort. These...the home ownership program simply
could not succeed without this support and cooperation that we've
received from the banks in securing the mortgages. Each of these
families needed to go to these banks and secure their first mortgage
and then the City would help with the second mortgages. So that's
another example of great partnership. Also I wanted to mention that
even though I don't think they're represented tonight, in the B Street
house we had other partners. We had Mercy Hospital which came
forward with a donation of a sizable amount. We also had Mike and
Judy Cilek who were involved in making that a reality. And I also
think that it's important to mention that we worked with the non-profit
organization Extend-a-Dream to help Ed and Leo come together so
that they could afford to buy B Street. And B Street if you'll recall is
the house that was designed under Universal Design and is accessible
and is truly a unique house and meets the needs of family and
individuals that are moving in there. So with that I guess I'll turn it
over to Emie and go with the achievement.
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Lehman: Okay. Marian if you'd like to read the folks name and I should point
out that we have here not only a certificate we have a gold plated key
for each house. And the gold plating was courtesy of Mr. Willa
Dickena of Herteen and Stocker.
Kart: The first property is 3410 Shamrock Drive. The lender was Hawkeye
State Bank. Representing Hawkeye is Keith Kurth, Senior Vice
President. The buyer is Lynne Craddock. 2409 Astor Avenue the
lender Iowa City Community Credit Union. Representing the Credit
Union Skip Wells, Assistant Vice President. The Buyer Mary
O'Donnell and her son Daniel O'Dormell.
Lehman: Cool we got the wrong certificate. Oh Lynn (can't hear). I'm sorry.
Alright. Do we have another one? Is this Lynn?
O'Donnell: This is Lyrm.
Lehman: There. We're going to get this straight yet. Thank you very much.
Karr: 244 Amhurst Street. The lender Iowa State Bank. Christine Fehlberg
Vice President. The buyer is unable to join us this evening.
Lehman: Thank you.
Karr: 1821 B Street. The lender Hills Bank. Representing Hills Bank
Dwight Seegmiller President, Jim Pratt Senior Vice President, Bill
Stewart Second Vice President. Noting the donator Mercy Hospital.
Recognizing the donation of $40,000. And the buyer Edmond Gaines
and Leo Huisman who is unable to join us. Representing Leo this
evening is Keith Ennis and Leo's parents Eugene and Helen Huisman.
Champion: Great.
Karr: Mr. Gaines is here.
O'Donnell: Leo.
Karr: Leo.
Lehman: Thank you folks very, very much. Thank you very much.
Champion: Thank you.
Pfab: Thank you.
Boothroy: Ernie, I also wanted to mention and I didn't earlier that with the
disposition and the sale of these four houses the Housing Authority
and the City o£Iowa City now has sold 18 homes. So we have 18
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homeowners in this community that have benefited from this particular
program.
Lehman: When did we start this Doug?
Champion: Four years ago.
Lehman: Little more than that I think.
Boothroy: I would say about four Years ago. Approximately four years ago.
Vanderhoef: We encouraged it about five years ago and our first recipients came
about four years ago.
Lehman: Well it really is a great program and it's a program that absolutely
would not work without the cooperation of the private sector as well as
what the City does. So...
Wilbum: Should we thank Maggie before she walks out the door.
Lehman: Oh, Maggie. Maggie Grosvenor thank you to...I mean it takes all of
us to do this. The problem with mentioning you and Doug and all
these folks is we're going to forget somebody but you're an absolute
key. You're a kin pin in the whole operation so thank you very, very
much.
Vanderhoef: Maggie is the head of the Housing Authority for those that don't know
Maggie.
Lehman: Maggie runs the show.
Vanderhoef: Yes.
Lehman: Very well. Thank you.
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ITEM 4f(4) CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Resolutions.
CONSIDER A RESOLUTION AUTHORIZING THE FILING
OF AN APPLICATION WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR STATE TRANSPORTATION
ENHANCEMENT FUNDS.
Lehman: Item 4 is consideration of the consent calendar as presented or
amended.
Champion: Move adoption.
Vanderhoefi Second.
Lehman: Moved by Champion, seconded by Vanderhoef. Discussion?
Kanner: Yeah. I'd like to remove item 4f(4) please for individual
consideration.
Pfab: I'll second that if you need a second.
Champion: What is that Steven?
Lehman: Item f(4) is on page 4.
Champion: Right. Oh okay.
Lehman: Other discussion? Roll call on the consent calendar with 4(1')4
removed. Motion carries. Is there a motion to address item number
4(04?
Pfab: So moved.
Champion: Second.
Lehman: Moved by Pfab, seconded by Champion. Discussion?
Kanner: As I've said over the past year or two as this has gone through that I
believe that this is a parking ramp with some nice features that we
don't need a 500 space parking ramp and that funds to support the
outside streetscape could probably be better used elsewhere and so I'm
going to be voting against this.
Lehman: Other discussion? Roll call. Motion carries, 6-1. Kanner voting the
negative.
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ITEM 5 PUBLIC DISCUSSION
Lehman: Item number 5 is public discussion. This is an item reserved on the
agenda for individuals who would like to address the Council on items
that do not otherwise appear on the agenda. If you wish to address the
Council please sign in, give your name and limit your comments to
five minutes or less.
Clara Oleson: I actually had two items. My name is Clara Oleson from Springdale,
Iowa. But I could not, not say this. In your proclamation about the
Constitution I think you might want to be aware that although it was
written in terms of the Constitution applying to citizens that document
also applies to resident aliens a great many of whom live in this
community and a great many of whom are in detention that we do not
know about in the United States. We do not know who they are or
where they are. So if we are going to celebrate the Constitution let's at
least acknowledge that it applies not just to citizens, but to our guests
who are resident aliens. Second thing is I wanted to bring to your
attention an article from Economic Development Quarterly which is a
scholarly magazine that basically looks at applies research in the
October issue. I'm sorry I do not have a copy of it for you, but I'm
sure Steve could get a copy for you. And what this article looks at the
building of 30 convention centers in the United States - some small,
some large - and looks at the feasibility studies underlying the
decisions by the municipalities, county, states to finance those
convention centers and then looks at the economic payback. And
since that is an item always on the agenda of either you or your sister
town Coralvitle I think it proves you to do a deep scan of that article.
What I wanted to ask you about really or get some clarification on was
a policy passed by the City Council in 1995 - 7 years ago - and it was
a resolution unanimously passed at the time. Only Emie was still on
the Council. It was a resolution adopting economic development
policies, strategies, and actions for the City of Iowa City. And if
you're not familiar with this I think it behooves you to refresh your
recollection. And this is a series of policy guidelines to prevent the
City Council in many respects from being in the situation of picking
individuals winners and losers and to try to do a proactive stance for
economic development. One of the recommendations of those
guidelines was to establish an ad hoc committee to come up with more
guidelines. And indeed in July of 1996 that ad hoc economic
development committee came through with guidelines for industry
technologies opportunity list and financial assistant guidelines for the
City of Iowa City. I do not know if that more detailed list has become
part of the policy of Iowa City. But the two of those documents
although obviously they need to be updated because the second
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document in particular was written in the height of the dot eom boom.
It talks about information technologies in a way that frankly know
seems naive. And there are suggested wage guidelines in there which
are '95. But I'm assuming and if I'm wrong I need to know this that
both of these documents set out the policies and strategies and
procedures that this City is following in economic development both in
the subsidy and the non-subsidy area. The problem I see is the
implementation. And it is unclear as a person who looks at this stuff a
lot from this City where in the process, if at all, you're applying this.
So for example you look at a portion of the City you say this portion of
the City needs a TIF district. At that point do you apply these
guidelines? Or do you wait until there is some emerging development
in that TIF district and then each applicant or each potential firm or
business or sector in that business gets subject to these guidelines.
Because as it is now I don't see any evidence that either the Council or
the Staff is applying the guidelines. And so it's kind of, I think, I like
transparency, okay, and it is not transparent. I think you have a couple
things to look at. First of all I'm aware that this is not the individuals
who passed this policy. I'm also aware that you have an ad hoc
committee on the Council that does economic development and if they
are applying this policy then there just needs to be more paper. There
needs to be more demonstration that they're looking at the things that
this policy envisions which is things like livable wage, diversity, types
of jobs, types of sector. And there's never any evidence when the
Council is making decisions about economic development that that's
been done. I very much appreciate Steve Adkins and Steve Nasby - is
that his name? o providing information on this. And I don't mean to be
critical of them in any way I just think that they need guidance as to
what the Council expects for open, transparent and accountable
economic development policies and their application because it's not
happening. And it would alleviate - I mean there's lots of reasons to
do this - not the least of this to send a message and some guidance out
to the banking community, to the development community. But
secondly, to avoid the appearance of impropriety. To avoid the
appearance that certain applicants have certain relationships with
either the City Council, members of the Staff that entitle them to
treatment that other people don't get. I don't think that you want that
appearance there. And I don't think that you want the political heat on
making decisions on a firm by firm basis and following these
guidelines, I think, should be - they may have to be updated, etc, but
they're there for a reason. Just I'll end up with the history here when
the City Council eight or nine years ago was confronted with an
applicant who had turned out had a terrible litigation record. And
although this Council passed on their (can't hear) application in a
positive way the State Department of Economic Development Board
turned that application down to the embarrassment of the City and to
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the education of us all. And I think that's one of things that spurred
the development of guidelines. So are they being used? If they are
being used why aren't they being documented so that people could see
them being used? If they are not being used is it because they need to
be updated? So that is what I bring to your attention.
Lehman: Thank you Clara. Any other public discussion?
Jim Baker: I'll paste that in a moment. My name is Jim Baker. I live at 30 Alder
Court and I serve as the conservation chair of the Iowa City area group
of the Sierra Club. As I understand it later in this meeting you'll be
discussing whether or not to enter in a request for proposals for a
feasibility study to make our electric supply in future be municipally
owned and operated. I would urge you respectfully to do the RFP and
once the proposals are received to go forward with the feasibility study
for establishing a municipal electric utility in this City. I urge you for
two reasons. First of all...
Lehman: I think we've already done that. But go ahead.
Baker: You've already done it?
Lehman: We did it last night.
Baker: I got here too late.
Lehman: No, no we did it last night. It didn't require a formal action. But go
ahead.
Baker: Alright. I congratulate for going forward with a request for proposals.
I do hope that once you do have the feasibility study...or you have the
proposals that you will go forward with the feasibility study. And as I
say I urge you to so for two reasons. First of all the MidAmerican
Energy's cap on prices for electricity ends on December 31, 2005. On
January 1, 2006, I think it's an easy bet there will be a request for a
rate hike that will be quite substantial - a possible doubling of rates.
Even if we...and the only guard we have against such an escalation of
rates is a viable proposal to supply our electricity in a different way.
Even if there weren't a rate improvement to be had by establishing a
municipal utility I would urge you to go forward so that we can have
local control. Currently we have only the Iowa Utilities Board
between us and some very bad policies on the part of MidAmerican
especially in conservation. Frankly the Iowa Utilities Board and the
company are at least 25 years behind the times on energy conservation
and behind the nation as well. Under current policy MidAmerican
makes money only by turning the crank on meters. So it is a
disincentive to the company to have good, clean conservation
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programs. It's more money making for them to burn coal then to fix
windows that leak energy for example. Iowa City can do better and
we will do better if we bring decision making home here to Iowa City
not leave it in Des Moines or in the boardroom for MidAmerican
Energy. So again I would urge you to go forward with a feasibility
study after you've received the proposals from consultants. Thank
you.
Lehman: Thank you.
Dawn Mueller: Good evening Council and Staff. My name is Dawn Mueller. I live at
1220 Village Road. I wanted to thank you for last night at your work
session for giving the informal go-ahead to go ahead to communicate
to the Iowa Association of Municipal Utilities the desire of Iowa City
to proceed with the request for proposal for the feasibility study to
determine if our city and citizens could possibly benefit from the
establishment of a municipal electric utility. I am here tonight to
speak only on behalf of myself though I am associated with the group
Citizens for Public Power. It was important for me to publicly thank
you this evening for taking the next baby step towards a careful
examination of Iowa City energy usage and the steps our City can take
to make sure our citizens and our businesses are not paying more for
electric power than we need to while utilizing an environmentally
responsible percentage of renewable energy sources as possible. As
all of you who know me are aware I am very, very proud of the City in
which I live. Tonight I am especially proud and extend my thanks to
those City Staff members who traveled to Ankeny, Iowa to meet with
the Iowa Association of Municipal Utilities and members of many
other municipalities across the State along with the University of Iowa
to participate in the development of the RFP. I thank Treasurer Kevin
O'Malley, Assistant Attorney Andy Mathews and especially our
Assistant City Manager Dale Helling. I also thank our City Manager
Steve Atkins for supporting the project thus far. I was not able to be a
fly on the wall at that meeting as much as I wanted to so I would like
to ask Dale and Andy and Kevin that some time if you could share
with me your experiences at the meeting, tell me what sort of things
that you learned, what sort of things might need clarification I would
be very interested in heating that. I just want to say that I really
appreciate the care that the City is taking to look at this process
carefully and make sure that the steps that are being taken work well
with the City budget and what we can do to protect our finances. And
I also want to encourage our continued vision on this project. I want
us all to understand that no matter which direction the feasibility study
points that we will have gained something very valuable. As citizens,
as businesses, as industries we will have become more informed
consumers of electric power. We will have strengthened our ability to
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negotiate for better rates and for better deals. This will benefit those of
us who are finding it increasingly each month to pay our electric bills
whether it be the elderly, the disabled, those of us who may be
unemployed, also college students. And it will also be vital
information for our businesses and our industry. Thank you.
Champion: Thank you.
Pfab: Thank you.
Lehman: Any more public discussion?
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ITEM 6h. PLANNING AND ZONING MATTERS
Consider an ordinance changing the zoning designation from
Medium Density Single Family Residential, RS-8, to Planned
Development Housing Overlay, OPDH-8, for Windsor Ridge, Part
16, a 31.1-acre, 10-lot subdivision located north of Camden Road
and south of Lower West Branch Road (REZ02-00006) (Second
Consideration).
Lehman: (Reads item). This is second consideration and we've been asked to
expedite this item.
Vanderhoefi I move that the rule requiring that ordinances must be considered and
voted on for passage on at two Council meetings prior to the meeting
at which it is to be finally passed be suspended. That the second
consideration and vote be waived and that the ordinance be voted on
for final passage at this time.
O' Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell to expedite.
Discussion? This has been requested.
Pfab: Yeah. This thing looks like it's been around for quite awhile.
Lehman: And I think that this expedition will enable them to get some
construction started this building season so that's the reason for the
request. Other discussion? Roll call. Motion carries, 6-1. Kanner
voting in the negative.
Vanderhoef: I move that the ordinance be finally adopted at this time.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell to adopt the ordinance.
Discussion? Roll call. Motion carries.
Karr: Motion to accept correspondence.
0'Donnell: So moved.
Vanderhoef: Second.
Lehman: Moved by O'Donnell, seconded by Vanderhoef to accept
correspondence. All in favor? Opposed? Motion carries.
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ITEM 7a PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $10,000,000 WATER
REVENUE BONDS.
PUBLIC HEARING
Lehman: (Reads item). The public hearing is open. Proceeds will pay for the
costs associated with the new water treatment plant Bloomington
Booster Station, Iowa River Power Dam, and extension of water
mains. Public hearing is closed.
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ITEM 12. A $300.00 CIVIL PENALTY AGAINST K-MART, 901
HOLLYWOOD BLVD, PURSUANT TO IOWA CODE
SECTION 453A.22(2).
a. HEARING
Lehman: (Reads item). Public hearing is open.
J. Patrick White: How are you?
Champion: I'm good.
White: My name is J. Patrick White. I'm the Johnson County Attorney
substituting tonight for Assistant County Attorney Chappell who had a
schedule conflict. We're here for a hearing under Chapter 453A of the
Code which provides that where an employee of a licensed tobacco
establishment is convicted or pleads guilty that civil penalties provided
in Chapter 453A apply. I've provided Ms. Dilkes with a certified copy
of the record of conviction of the employee of K-Mart and this being
the first incident ora violation by K-Mart within the two or three year
time limit it appears that the appropriate civil penalty is the fine of
$300.00. A resolution has been prepared and provided to you which
would assess that civil penalty against K-Mart. I recommend you
adopt that resolution after you acquire I do not know whether K-Mart
has a representative present tonight to be heard or not, but...
Lehman: Is there anyone here from K-Mart who would like to represent K-
Mart? I don't believe there is Pat.
White: If not I believe the evidence supports the resolution which we've
recommended to you.
Lehman: Do we have...well I will close this hearing and we need a resolution.
b. CONSIDER A RESOLUTION ASSESSING
O'Donnell: So moved.
Pfab: Second.
Lehman: Moved by O'Donnell, seconded by Pfab. Discussion?
Kanner: This was someone let...they went to the cash register and bought
cigarettes?
White: This was as part of the Iowa City Police Department's on-going
compliance check a 16 year old went through a check out lane at K-
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Mart requested a pack of cigarettes. Was given a pack of cigarettes by
the K-Mart employee.
Kanner: Okay.
Lehman: Roll call. (Motion carries).
O'Donnell: Thank you Pat.
White: Thank you. It's good to see you.
Champion: Thank you Pat.
Lehman: Thank you Pat.
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ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 9,
ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER
7, ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD," TO
RESTRICT LARGE TRUCK TRAFFIC ON FIRST AVENUE
FROM THE INTERSECTION OF SCOTT BOULEVARD TO
THE INTERSECTION OF D STREET. (FIRST
CONSIDERATION).
Lehman: (Reads item).
(End of Tape 02-70, Begirming of Tape 02-72)
Lehman: This is first consideration.
Vanderhoef: Move first consideration.
Champion: Second.
Lehman: Moved by Vanderhoef, seconded by Champion. Discussion?
Pfab: As far as the public...for public information why are we stopping at D
Street?
Lehman: I don't think Pat's going to answer that one.
Pfab: No, I don't think so.
Lehman: Even though he's coming to the (can't hear) podium.
Atkins: I'm assuming it has something to do with the street designation
which...
Vanderhoef: The commercial area.
Atkins: The commercial area concludes there. Excuse me. Thank you.
Karin Franklin: I think what it has to do with is that D Street marks the beginning of
the commercial area and you're going to have truck traffic going into
Hy-Vee there. That they come from Muscatine...will come in from
Muscatine most the time, but sometimes would go on First Avenue.
I'm assuming that's why it stops at D.
Pfab: Oh, you're assuming. Okay. I thought that maybe you could tell us
definitively.
Franklin: I can't say absolutely, but...
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Lehman: It sounds pretty good.
Pfab: Okay.
Franklin: It makes sense to me.
Pfab: In other words it's to allow the large vehicles on First Avenue...
Franklin: In the commercial area.
Pfab: Muscatine to Hy-Vee.
Vanderhoefi South of First Avenue up to Hy-Vee. South of First Avenue from
Highway 6.
Lehman: Which we allow now.
Pfab: But, going north from Muscatine to D Street.
Champion: Right.
Franklin: Right.
Pfab: Okay where Hy-Vee is. Okay. I just thought for public information.
Lehman: Other discussion? This is an issue that Council agreed prior to the
decision to build First Avenue, that heavy truck traffic would be
prohibited on First Avenue and hopefully we're looking at the opening
of that street in the very near future and it's important that this
ordinance be in place. Roll call. Motion carries.
Karr: Motion to accept correspondence.
O'Donnell: So moved.
Vanderhoefi Second.
Lehman: Moved by O'Donnell, seconded by Vanderhoef to accept
correspondence. All in favor? Opposed? Motion carries.
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ITEM 14 CONSIDER AN ORDINANCE AMENDING CERTAIN
CHAPTERS OF CITY CODE TITLES 6,7,10, AND 14 TO
INCREASE THE MUNICIPAL INFRACTION CIVIL
PENALTIES FOR VIOLATING NUISANCE PROVISIONS,
SNOW REMOVAL REQUIREMENTS, BUILDING CODE,
HOUSING CODE, ELECTRICAL CODE, MECHANICAL
CODE, PLUMBING CODE, FIRE CODE, AND UTILITIES'
USE OF RIGHT-OF-WAY REQUIREMENTS. (FIRST
CONSIDERATION).
Lehman: (Reads item). This is first consideration.
Champion: Move first consideration.
O'Donnell: Second.
Lehman: Moved by Champion and seconded by O'Donnell. Discussion?
Wilbum: At last night's work session just FYI that I'd asked for at some point
before we get to third consideration a summary description of which
specific titles from the code will be affected by this.
Lehman: Is this what we got tonight in the handout? Is this what you are
looking for?
Wilburn: I didn't look through this yet.
Lehman: I believe it is.
Wilburn: I'll take a look before we get the (can't hear).
Vanderhoef: And also that we're going to work towards getting this on the web site
so it's accessible information for anyone that wants to look at it.
Wilbum: Thank you.
Kanner: Marian and Eleanor what's the difference in the 14 that we got in our
packet tonight?
Dilkes: It previously the title referred to the zoning code as did the whereas
clause, but that the zoning code penalties are not being changed by this
ordinance. We need to take a look at that and see if we think that's
something that has to go through P&Z. So we'll either bring it to you
as an amendment next time or hold off on it till we decide.
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Kanner: For further discussion...
Lehman: Yes.
Pfab: Just a minute. Could you...I missed what you'd said Eleanor.
Dilkes: The ordinance as you saw it in your packet included the zoning code -
changing the penalties for the entire zoning code.
Pfab: So this tonight?
Dilkes: But there was no ordinance provision.
Pfab: Oh okay.
Dilkes: There was a whereas provision and a title which should not have
changed the code itself and in when we recognized that we started to
think if that was something we could do without sending it to P&Z. It
very well maybe we just didn't have time to think about it at 4:00
o'clock this afternoon.
Lehman: Okay.
Pfab: Would it be better to postpone this? How long a time will be involved
if we put it off on them all together?
Dilkes: I don't see why you'd postpone it for that reason.
Pfab: Okay.
Lehman: Any discussion?
Karmer: Yes. Not seeing any evidence that on repeat offenders the implication
of the increases here is that people will be socked with the higher
amount and they won't repeat. Perhaps there's some thought that
people will be aware of this and they won't do it in the first place
because of the higher amount. I can't believe that that type of
deterrents would work. I think the fines are adequate right now. If
perhaps like some northern European cities do where they do speeding
tickets based on income we wanted to do that I think that would be a
fair way of doing this. But I don't think this is appropriate - the cost.
I don't think it's going to deter anything. I don't think it's fair. It's a
flat fine rate. If we did one that was more progressive that affected
higher income people at a greater rate than lower income I might
consider it.
Lehman: Are you fining income or people's acts?
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O'Donnell: Violations.
Lehman: What are we fining?
Kanner: Why?
Lehman: What are we fining people's incomes or their actions?
Kanner: Emie the intent of fines is to deter actions and if someone is making a
million dollars a year and gets fined the same amount as someone who
is making $5,000 a year it has different effects. I would hope that you
would see that.
Lehman: I do see that. But we fining inappropriate actions.
Kanner: And that's why...what?
Lehman: We're fining inappropriate actions.
Kanner: Right and the question is what's going to have an effect or not.
Lehman: Okay.
Kanner: So I don't think this code does anything to address the problems that
we're experiencing.
Pfab: Steven I have a question, what would you...what other possibilities
should we consider?
Kanner: Well again as I mentioned before there are a number of systemic
approaches one can take to empower people and help develop a
stronger community. And those programs I would like to have looked
at and I think they would be much more effective. For instance Dee
and I have met with UI students - government leaders - and one of the
suggestions that they made was an ambassador program where there's
someone in the neighborhood that is...they're worked with by a
number of different institutions and perhaps they get a little break on
their rent or some other inducement to be a leader, to work with
people, to help solve problems. I think that's one thing that merits
taking a look at rather than raising the fines. I just don't think it's
going to accomplish a lot.
Pfab: Okay I guess that brings up a question. Are these scheduled fines or
are these maximum fines?
Dilkes: They're not called scheduled, but they're more like scheduled. If the
judge chooses to impose a fine he or she may choose not to impose a
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fine, but if he chooses to impose a fine this is the fine. It's not
somewhere within that range.
Pfab: So in other words this isn't...this doesn't give the judge the
opportunity to fine up to this amount.
Dilkes: No.
Lehman: Okay. Further discussion? Roll call.
Pfab: I'm going to have to vote no, but if you can just back up a notch here.
Lehman: Go ahead.
Pfab: I think...here's something that I've been thinking about and I don't
know if it fits in here or not I have a fair amount of details about the
idea of a city developing an ombudsman position. And I don't think
that this fits in here, but it maybe gets somewhere between what you
had mentioned Steve that I don't...I'm not sure...I was thinking
that...I was really comfortable because for some reason I was under
the impression that these were up to.
Champion: No.
Pfab: And...but, you know, there's a problem of how do you make...is this a
one resolution no more here?
Lehman: It takes three votes.
Champion: It takes three.
Pfab: Okay. I'm going to vote no on this. I'm not saying that I won't
change my mind, but I think a little more study here might be
appropriate because of the fact that it is rather severe for any and all
people. So, I'm going to vote no on this time.
Lehman: Motion carries 5-2. Kanner and Pfab voting in the negative. Just as a
side comment my belief is that the task force that we have set up as
part of this ordinance may very well act as some sort of a mediation
sort of thing with a lot of these things and may very well keep them
from becoming violations. So, but anyway.
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ITEM 15 CONSIDER A RESOLUTION ESTABLISHING FEES FOR
SERVICES AND ACTIVITIES OF THE BUILDING
INSPECTION DIVISION OF THE DEPARTMENT OF
HOUSING AND INSPECTION SERVICES.
Lehman: (Reads item).
Vanderhoef: Move the resolution.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? This has
been the first increase since (can't hear) April 26, 1994. According to
the information we received last night we are about...are we about or
the lowest?
Vanderhoef: The lowest except for one category.
Lehman: Tim? I think we lower than anyone else at this point and this will
bring us pretty much into the...
Tim Henries: Yes for the comparisons I did we were the lowest other than Marion
which were just a little bit above that.
Lehman: Well Marion (can't hear) but.
Hermes: But the neighboring cities we're lower.
Lehman: And this would put us basically at similar charges?
Hermes: Very similar, but yeah lower.
Lehman: We used these fees to pay for the cost for inspection.
Hermes: Cost of the services yes.
Lehman: Right.
Vanderhoef: This is not a money maker for the City. This is hopefully a break even
for the City.
Kanner: Yes it is.
Champion: It does make money.
Atkins: It makes money.
Champion: It makes money.
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Atkins: Yes.
Vanderhoef: You think so?
Atkins: Oh yeah. Housing inspection fees do not cover their cost. The
building division more than covers their costs
Lehman: Okay.
Pfab: So these fees go directly into the general fund?
Atkins: Directly to the general fund. That's correct.
Pfab: And the housing inspection the same way?
Atkins: The same way.
Pfab: So in other words these two help subsidize the shortfall in the housing
inspection indirectly.
Lehman: Or whatever else.
O'Donnell: It could.
Atkins: And whatever else is in the general fund.
Pfab: Right. Okay. The other question that I was going to ask here
how...what's the average price of the house in Iowa City compared to
other people who charge more? It's just...
Hennes: I don't know that right off the top of my head but I would guess that
they're very comparable. It costs about the same to build a house in
Iowa City as it would in Coralville, North Liberty.
Champion: There is very little difference.
O'Donnell: I think the gap has closed a great deal.
Lehman: Well that (can't hear) the price of the house is created by the
imposition of inspection fees is not likely to change the selling price a
great deal.
Hennes: No it's still under 1 percent.
Lehman: Yeah.
Hennes: Of the total cost of the project.
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Karmer: So what percentage Steven...or Tim on a rough estimate that you
would say that this is above the cost versus what's the percentage for
inspection that's below cost? Why do we have that different
philosophy of one being over and one under?
Atkins: Number 1 that's just been that way for a number of years. We have
under housing inspection fees we have boosted them over the last
couple of years, but it's still about 70% ifI recall so it's 30%
subsidized by other revenues in the general fund. With respect to
housing and I'm going to do my best to guess to building inspection
I'd say two-thirds...one-third that. In round numbers housing
inspection...or building inspection may have an annual budget of
$400,000 while our fees are around $600,000 in rough numbers.
That's about as close as I can come right now. I can get that for you.
Boothroy: That's pretty accurate.
Atkins: In our philosophy with respect to the housing...building inspection
services we provide are substantially the same as other cities. I
suspect you'd find that most other cities do rather well in their building
permit fees as an income to their general fund.
Boothroy: They're good in good years when we have a great construction season
that they're up. When we have if you've been here long enough when
we have a recession in our construction season then those fees dip
significantly so very much market driven. It all depends on the size of
the projects.
Pfab: So are you saying some years they pay the way and some years they
don't?
Boothroy: Some years they're closer to breaking even and other years they're
money makers. It all depends on what the market is doing. It's hard
to predict that because you don't know.
Atkins: Our history though I think we need to be...
Boothroy: On average our history is that they do make money. If you look just at
the building division.
Champion: Right.
Boothroy: Right. But that doesn't take into the administration division which is
Jan Ream and myself. If those salaries were charged off then we'd be
looking at different numbers as well.
Pfab: If you had to charge those off...?
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Boothroy: I don't know.
Lehman: Other discussion?
Kanner: Thank you.
Lehman: Roll call. I'm sorry.
Kanner: Sorry I was a little late in getting there. I'm going to vote for it I think
mainly because I see for our building permit fee if we do have the
sliding scale of sort depending on the value of the building permit
which makes it more reasonable for those building smaller units. I
would like for us to look in the future about this philosophy and policy
perhaps at budget time of generating excess revenue for building and
not covering our cost for inspection. And I was wondering if anyone
would be interested at budget times to discuss that philosophy a little
more?
Champion: The philosophy that it should not pay for itself?.
Kanner: Well no perhaps that it's charging too much because it's over...for
building it's over and that perhaps inspection should pay for itself. I
don't know exactly how that would play out - what that means.
Pfab: You're talking about housing inspection?
Karmer: Housing inspection...
Pfab: Does not pay for itself.
Kanner: Does not pay for the services rendered.
Pfab: I think that that's a very...that's a very definitive problem that we
have. I believe that as I worked with this neighborhood group or
neighborhood housing whatever it was - it appeared that the inspection
system was starved for funds and as a result little problems got to be
big problems because they weren't able to be caught when they were
small. That's my ....
Boothroy: Let me just explain the philosophy behind the housing inspection fees.
They've never been at 100% ever since we've had fees for housing
inspection and part of the Council's rational in the past has been that
not only are we improving the quality of rental property, but we're
also improving the quality of the neighborhood and there's no way to
assess a fee for that particular service. So that the feeling was that
landlords should not necessarily pay the burden of cleaning up the
neighborhood above and beyond what they're doing for their own
property and so that's why there's always been kind of a 70/30 split.
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30% has sort of been the City's support of that particular aspect of
housing inspection. So when we go into an area we're looking at not
only the housing code, but we're looking at other issues as well.
Pfab: But at the same time the inspection department has not grown anything
like the number of years.
Boothroy: I'm not discussing that Irvin. I'm just saying that in the past the
Council has always recognized that housing code enforcement it has a
broader goal then just rental housing. That that's why it has not been
100% funding. Whereas with building inspection fees those fees are
going directly for that service. They're paying for that footing
inspection and they want it when they want it. And it's only for that
service.
Pfab: For building.
Boothroy: Plus building also does zoning inspection so they're picking up some
additional responsibilities now.
Pfab: But I mean as long as we broach this issue here...
Lehman: We're not going to talk about housing inspection. We're talking about
building permit fees. That's the...
Pfab: So I guess I was going to say if Steven was asked to talk about
looking at those inspection fees at some point I would support that.
Lehman: I think all of those things are under scrutiny at budget time.
Atkins: Oh yeah.
Lehman: I mean anything on that budget is available for discussion by Council.
We all know that.
Atkins: You choose to take a different philosophical approach to your fee
schedules. That's very clearly something at budget time. For example
our recreation fees are almost 60% property tax supported and it's a
fee based program. Water pays for itself. Sewer pays for itself.
Housing does not. Building does. I mean there are various (can't
hear) philosophies that you can sit down and certainly give us some
additional direction.
Lehman: But those are all issues that...
Atkins: They're all budget issues.
Lehman: Appropriate for budget discussion
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Atkins: That would be fine.
Kanner: Will you give us a reminder at that time and see if Council wants to
talk about it?
Atkins: Oh sure I'd be happy to. Sounds fine. I'd be happy to do that for you.
Kanner: Thank you.
Lehman: Roll call. Motion carries.
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ITEM 16 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE
AGREEMENT FOR THE TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, 120
BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC.
D/B/A/VITO'S, FOR A SIDEWALK CAFl~.
Lehman: (Reads item).
Champion: Move the resolution.
O'Donnell: Second.
Lehman: Moved by Champion, seconded by O'Donnell. Discussion?
Pfab: Yes, I have a question. Are these little fences - are they going to be
permanent year round?
Champion: Some are and some aren't.
Pfab: I was thinking they were temporary ones and I was kind of surprised
last night as to how the discussion was.
Karr: Anchored fencing is allowed March through November and temporary
and removable fencing is allowed year-round so they make their
applications accordingly.
Pfab: But over winter all of them will be gone?
Champion: No.
Karr: In winter they are allowed to have both anchored fencing March
through November and temporary fencing December and February.
Kanner: I'm having a little trouble discerning that if someone could help me.
Kan': Okay. Anchored fencing is allowed March through November.
Kanner: Permanent.
Karr: Permanent, anchored into the sidewalk bolted down fencing.
Pfab: So from December, January and February they're gone?
Karr: Anchored fencing is gone and temporary fencing is permitted.
Wilburn: That's the pole, the chain, the connect (can't hear).
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Karr: That's whatever delineation...yes that they have applied for and meets
the standards. Yes.
Kanner: So from the discussion yesterday were we saying that they take their
anchored fencing out at Atlas and they put in a temporary...
Karr: That's correct...that is anchored...
Lehman: I think that's backwards. Anchored stays in year around.
Dilkes: No, I think the purpose of removing the anchored is so you can remove
the snow without...
Lehman: Oh then the discussion (can't hear).
Dilkes: That's correct.
Karr: Well again March through November. If you would get a November
snow that is possible, but again the likelihood of it sticking around and
not being able to take it down or being cited for that. Vito's is
anchored fencing March through November is their application.
Kanner: And Atlas is anchored. They'll be taking it down in November?
Karr: Atlas is anchored that's correct.
Pfab: And I would imagine that there would be no big joy in having one out
there you might want to consider taking it out a little bit earlier if you
had a bad winter.
Kan': Well I think it's the opposite is if it is a nice spring they don't want to
wait till March to put up anchored fencing and that's why the
discretion was allowed for temporary for those nice days.
O'Donnell: Very good.
Lehman: Other discussion?
Kanner: Yeah I had a question. Does anyone know the status of Vito and their
violations of alcohol laws?
Champion: What does that have to do with the fencing for an outdoor caf6?
Karmer: Well because I think we give this it's not a right it's a privilege and
also we are serving alcohol out there and there's some concern about
that.
Dilkes: It's on appeal.
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Kanner: What?
Dilkes: It's on appeal.
Kanner: That's for a suspension of the license?
Dilkes: There was a fine and a suspension component is my recollection.
Kanner: Okay. Connie yeah I think I'm probably going to vote for, but I think
that we should take that into consideration. If we feel they're not
being good citizens maybe we don't want to give them the extra
privilege of setting up this outdoor caf&
Champion: I'm really glad they want to set up an outdoor caf& I think it's a
privilege to have them set them up. I think it adds a lot of interest to
the downtown and if their alcohol license is suspended or whatever
happens to it that will be happens outside. It won't be serving wine
outside or inside. I think they're totally irrelevant to each other. I
don't mean...I don't think...never mind. That's what I mean.
Lehman: Okay. Any other discussion? Roll call. (Motion carries).
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ITEM 17 CONSIDER A RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF AN AGREEMENT FOR
PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY
OF IOWA CITY AND GERRY AMBROSE.
Lehman: (Reads item).
O'Donnell: So moved.
Champion: Second.
Lehman: Moved by O'Donnell, seconded by Champion.
Wilburn: I'd like to...I'm not sure make an amendment the Mayor had concern
about adjusting the amount available the total rebate to $400,000
instead of $500,000. Do I make an amendment to change the
agreement? Is that appropriate?
Vanderhoef: Yes.
Wilbum: So I move to amend in place of $500,000, $400,000 be inserted.
Vanderhoef: I'll second that.
Lehman: We have a motion and second to amend the agreement changing the
maximum amount of tax rebate to go from $500,000 to a maximum of
$400,000. Discussion on the amendment?
Champion: Did we also change the years - was it down to 5 or was it 7 years.
Lehman: We did not change the years.
Champion: Okay.
Pfab: I had a question. I heard some different numbers than last night. I
walked away thinking I understood that this was a different level of
payment then it was in the Sycamore Mall area.
Champion: No. It's the same. (Can't hear).
Atkins: The level of payment, I mean, as far a dollar (can't hear). Yeah.
Pfab: And percentage wise.
Vanderhoef: This will be a smaller percent.
Pfab: I question that.
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Lehman: Steve.
Steve Nasby: Percentage wise you're right when we looking at the Sycamore Mall
agreement last night the maximum amount to exceed number was 2
million and the anticipated investment was 6 million. So the threshold
was set at one-third. In this particular case we're looking at 1.2 to 1.5
million dollars in investment so a third of that was the $500,000 that
was in the agreement and you're now amending that to a lower level
which represents about 26 or 27% of the anticipated investment versus
a 33% that was in Sycamore Mall.
Kanner: Okay.
Wilbum: While you're there just to clarify one extra thing, there's the developer
is required to maintain a certain occupancy and that has to increase - is
that for the duration there has to be a certain occupancy rate for the
duration of the seven years?
Nasby: Yeah. In the first year, I believe, we have 65%, 75% in the second
year and years 3-7 which is the duration of the agreement it has to be
at least 80%.
Wilbum: Okay. Thank you.
Clara Oleson: Is there public discussion on this item?
Lehman: Yes.
Oleson: Is this the appropriate...Clara Oleson. I had a couple of questions and
again this relates to my earlier comments - there's no indication that
this application has been graded according to your economic
developmem guidelines. There's no evidence that the information of
certain parts of the agreement is evidence based. So for example, on
page 6 of the agreement is says, "The developer would not undertake
his obligations under this agreement without the payment by the City
of the economic development grants being made to the developer
pursuant to this agreement." That's a classic but/for test that you do in
economic development public assistants. This particular applicant sent
a letter on August 19th and I should mention that the appearance of
impropriety given the speed of this is outrageous. IfI went to apply
for food stamps in the State of Iowa I would have to fill out a 26 page
application and I would have to do that every 90 days. This process
does not require an application. It's triggered in this instance, my
understanding from your economic development department, by a
telephone call followed up by a letter in which the applicant says that
he had recently acquired this property - does not give a purchase date
- and plan on adding approximately 1.2 to 1.5 million in
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improvements beginning in mid to late September of this year. So you
have a purchase of a property by a developer. One would think in the
computation of the risk of purchasing that property would be the
development plans. So either that...so it looks like that developer had
an inside agreement or an understanding with somebody in the City
that if I buy this building I'm going to get this money from you folks.
This way I'm going to buy the building. The letter seems to have
already made the commitment on August 19th that there is going to be
this investment. The other thing that lacks documentation here is
the...well on page 8 where it indicates that the workers' compensation
insurance will go to the employees of the developer a lot of this work
may very well be done by subcontractors. So you have no insurances
here that there is going to be any compensation for subcontractors. It
also indicates...I guess I have a question for Eleanor since I assume
your hand is in this. No?
Dilkes: Our bond counsel (can't hear).
Oleson: There's an indication that there is no litigation pending. Was there a
search done on that?
Dilkes: I don't know.
Oleson: I would think that with reasonable due diligence - a phone call,
checking on the web site - particularly because this is a grant of public
assistance to an individual. This is not a corporation. This is not the
same legal entity that received the public assistance for the Sycamore
Mall. This is an individual. I think the public has the right to that kind
of documentation. The other things that I would point out to you on
this is that while the individual may very well need this to develop the
property as a citizen or as a City Council member looking at this as an
investment of public monies and you have a fiduciary responsibility
there is no evidence in this process to demonstrate that. Minimally
you would have the applicant sign an assertation swearing that what is
asserted in the agreement is true. You don't even have that. You have
no indication here that the tenants in an underlying lease are not going
to be taxed property tax. If the tenants because the developer here was
perfectly free to do that to get property tax abatement and yet because
the developer, you know, under the T1F pays the property tax and then
get the money back. I do not think that you want to encourage that
kind of dealing between the landlord and the tenant.
Kanner: Say that one again?
Oleson: The developer here will sign lease agreements with tenants probably
either for this building or for the anticipated new building. That lease
agreement may require the tenant to pay the property tax. So in a
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sense this basically potential for double-dipping (can't hear) in the TIF
district. We have no information about the wage levels, the number of
jobs, and particularly important here is this something that this
neighborhood wants or the community needs? One of the letters
written in opposition to this was by a competing business. And this is
exactly the situation the Council does not want to be in - being seen as
interfering in the market to the extent that you are giving a business a
competitive advantage and that's exactly what you're doing. And
while I appreciate the savings of $100,000 of tax money I have heard
no rational. Now you may have worked that out in the informal
session, but I think Ross you need to explain why not $200,000 less?
Why not $50,000 less? It seems like a political number rather than an
economic number. Here my understanding is this developer is going
to create a fitness center of some kind of gymnasium and I want you to
think about this in this community and this neighborhood. You're
going to have an alternative high school which may have a gym - it
may not have a gym. And if you have that $500,000 of money you
would not be creating a situation where rich folks or well-off folks can
afford the $50 a month to go to certain weight machines and then kids
and maybe their friends go to the public place which is not going to be
as nice. I mean in our community we should be able to think about
development for the public good and what the neighborhood needs.
One of the things you might think of putting in the process is either
your economic development staff or the applicant meets with the
neighborhood association and that neighborhood association does not
have veto power, but that neighborhood association should at least
have the right of consultation. Say if you're coming into my
neighborhood with public monies - if you're just coming in by
yourself and want to put development up that's fine - but once you
come in as a public assistance applicant, okay, you should be...you
should have consultation right with the neighborhood association.
The...
Lehman: You need to wind this up Clara.
Oleson: Okay. Well that's my point on this. This has gotten to be the point of
absolutely outrageousness in which public assistance is being
discussed as an incentive and may be functioning as a subsidy. We
simply do not know because you are engaged in such a speeded up
process unless in one month $500,000 of tax money is being
distributed here to a private individual. I object.
Lehman: Thank you.
Pfab: I believe there's a mbtion.
Lehman: Well we're discussing the amendment.
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Pfab: Amendment okay.
Lehman: Which reduces the maximum from $500,000 to $400,000 that could be
used over the period of the abatement.
Kanner: If Gerry is willing I'd like to know how that affects your plans to go
form $500,000 to $400,000?
Gerry Ambrose: I'm Gerry Ambrose and I guess I don't think the $400,000 - I think
that's a reasonable number. I think based on the dollars we're going to
put in there. I personally would tell you that I don't know that 1.5
million dollars is going to do what we're planning on doing with the
building so that was a number that I put out there. I think that actually
it's going to be more than that. And what I'm going to try to do is do a
competent job of developing this property and to bringing it up to the
level of which I believe this money will allow me to do. This building
could be probably built in a different manner, but when I finish with it
it'll be nice. I think Sycamore Mall was a testimony of how we do
things with quality. I can guarantee you that Sycamore Mall looks the
way it looks because of this program and we hope that you recognize
that there is a need for a health club. I can...I want to go on the line to
tell you that the health club is what we plan to do. There's never any
100% guarantee of that. But the two gentlemen who are involved with
the health club with me are sitting right over here. So it's pretty good
support that we are going to do this and that is the plan. I don't know
if that answers your question, but I tried.
Champion: I think it's important to just address something that Clara said and that
is that reducing this to $400,000 wasn't a political move. It was done -
and I thought Ernie gave good justification for it last night - is because
of what's happened to the Sycamore Mall the area is so not
economically deprived anymore. So you don't ....
Wilbum: IfI can...ifI can (can't hear) a little bit. Just looking at...and just the
hint of impropriety.
Dilkes: The appearance of.
Wilburn: The appearance of impropriety. I'll remind the public that a year, a
year and half ago when we set up this district we acknowledged and
recognized that there was a need for some rejuvenation in this area or
the district. We did not do it just for Sycamore Mall, but that was a
large part of that district. And so just acknowledge - let me finish
please -just acknowledging for this district. So and I do agree and
maybe folks will agree at least the terms of stimulating the activity of
how the job was done at the Sycamore Mall. Now the question about
whether or not there should be - since there has been a certain level of
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rejuvenation in the ama and not wanting to put out the message that
just because you're going to request this for others in the future that
you're going to get this same deal. I think the Mayor expressed his
concern at our economic development committee meeting and then
last night that we should perhaps consider some way in terms of
negotiating with this particular applicant for funds at a way to shrink
or condense the amount available. And so that's what was just said by
Staff that $400,000 is slightly less than the one-third that was available
for the Sycamore Mall development area. And going back again to the
time Council just remind the public set up this district. You know I
guess it's just a matter of whether or not you believe there still should
be some type of rejuvenation to the area. I am of belief that there
should be. In terms ora competitor, you know, I don't know what the
individual from North Dodge whoever claims that they made a million
offer that was turned down. You know I wasn't a part of that and in
my mind that's not applicable here. This is within the district. There
are other property owners in the district who could have applied for the
assistance, but they didn't. Also as part of passing this district we had
(can't hear) that combined a set of economic development tools. And
so this was all part of that package and there has been public
awareness and articles in the paper about this set of tools that was
available in setting up this district in the first place. So perhaps we
disagree about whether or not this appears to be inappropriate or not.
And I can't control that.
Oleson: Did this go through the economic development guideline to review?
Wilburn: The districting yeah. That was...in then when we combined those
tools it was yeah.
Oleson: (Can't hear).
Kanner: In fact Sycamore Mall project it was recommended that at least part of
it I believe be thrown aside. The job wages guidelines that was
recommend by staff that Council ignore that provision.
Wilbum: And there are several parts to that provision and I suppose it's a matter
of what you choose to highlight or feel is important as a part of that
provision. If jobs or wage is a more important consideration then
that's up to Council members that their discretion to use in making
those decisions. And in fact 1 believe you choose not to at the time
support the district because of that - that was part of your rational.
Karmer: But, Ross you mention that you don't know if it's true the offer that
was made by the North Dodge Athletic Club owner that was stated in
this letter. Yeah I don't know either, but perhaps we should find out.
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W2qy not try to get...if we can get someone who doesn't want a tax
abatement.
Ambrose: I can say this that that letter was totally inaccurate in a lot of areas. I
read the letter and I think it was outrageous and the statements that
were made personally about me are not true.
Lehman: Well the point is that is irrelevant anyway. We are looking at an
application here and that is the point is the application.
Kanner: Right. The point that Clara was brining up was the appearance of
impropriety and I think that when you do a more thorough look at is
there a development plan we're hearing different figures - 15, 1.5
million, now it might be more. We're not quite sure. And what are we
basing our tax abatement. Maybe we need to give a larger tax
abatement. We don't have the financial guideline. We don't know if
there are other offers out there that will do the same thing at a lower...
Ambrose: I believe I own the property so it's not for sale.
Lehman: Excuse me just a moment. We know that in order to qualify the
assessed value must be increased by a minimum of 15% - without that
there is no tax abatement. We know there is a minimum occupancy
standards - there are guidelines. We're not giving anything away
without certain requirements. And you should be well aware of that.
You got the same memo we did. The tax rebates are for a definite
period of time. There is a maximum that is allowed. There are rules -
fairly stringent rules and the...I think Ross you said it very, very well
when we set up the TIF district we told every person who owns
property in that district you can reasonably expect the City will
consider a TIF for your property. Not the amount of the TIF which is
why I am very interested in your amendment which reduces the TIF
from what I think might have been too large of(can't hear). At some
point in time we may not offer any TIFs. But anyone living in
that...or owning property in that district knows that that district is
eligible for TIFs. So there's no surprises there. If everybody came in
and lined up at the podium they all know we set up that district to
encourage that kind of development.
Kanner: Ernie we don't know what the improvements are at $400,000 versus
$500,000 versus $300,000.
Champion: It's got to be a certain percentage (can't hear).
Lehman: We do know that it's all schedule based on taxes.
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Kanner: No we don't know....let me rephrase it. We don't know how much
more would happen or not happen. If we had a development plan by
Gerry stating that I'm going to be putting in 2 million dollars and ifI
get this rebate I'll be able to do so much more. I£I get a $400,000
rebate I'll do so much. IfI get $500,000 I'll do even more. Or ifI get
$100,000 I'll do this. Why did we pick $400,000 without any of that
kind of information available? Why not go down lower or wait until
we get more information from Gerry with an outline plan.
Lehman: Do you realize the amount of the rebate is contingent on the amount of
money he spends?
Champion: Right. So...
Lehman: We're not giving $400,000. It depends on what he invests in that
property.
Kanner: We're giving up potential income based on assumption.
Lehman: Only if he makes potential investment. The two are tied together.
Kanner: And the question is would that happen without it. And we really don't
have a clear picture of that.
Champion: We don't know. We'll never know.
Wilbum: That's the same argument we had (can't hear).
Pfab: Okay. I have a question.
Lehman: Let's go one at a time.
Vanderhoef: Can I follow up on this? For those people who are listening. This TIF
district goes from the railroad tract on First Avenue south to Highway
6. When we set up the district we were very clear that we needed
assistance at the Sycamore Mall - that is was blighted. It was not
functioning. It was an interior piece of our City that was decaying
which also then affects the neighborhood. So we looked at that and
then we looked at the properties around.
Kanner: We have not evidence of decayed neighborhood, Dee.
Lehman: Would you let her finish please Steven.
Vanderhoefi Thank you. We looked at it and said for the look of impropriety as
well as the need of the other properties on First Avenue and we did
even amend it at a slightly later date in the process to include the
Hardy's which has subsequently disappeared, but it was another
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business that should have had that same opportunity. So here we have
a district. We have a property that now is at the northern section end
of the district. It was up for sale. Any person could have come in and
purchased that piece of property and asked for a TIF.
Pfab: A point of...
Vanderhoefi This is the buyer...
Champion: Let her finish.
Vanderhoef: ...who happened to do that. And it needs some assistance. And what
I see as spinning off of this is that we still have some smaller
businesses on the east side of First Avenue that have struggled, have
changed over different times. We have one that's still sitting there for
sale that anything that we can do to connect this whole district which
we've already had some discussion at the economic development
committee meeting to look at how we can make a pedestrian/bicycle
intersection so that all the people say from the Kirkwood Community
College through Sycamore Mall on up First Avenue down Mall Drive
how we can interconnect this and make it a full district that is a
thriving district. And I think this will certainly be one piece of the
anchor for the north end as the Sycamore Mall is to the south end of
the district.
Oleson: Does that mean that the financial assistance...
Lehman: Clara if you're going to speak you're going to have to speak in the
microphone.
Kanner: You can use that one right now.
Lehman: Before we go any further - pardon?
Champion: Sorry I spoke.
Lehman: Well that's alright.
Dilkes: We're speaking to the amendment right?
Lehman: Well but we need to...we're talking about an amendment. We're not
talking about district and we're getting a little off track. Let's deal
with the amendment.
Champion: Okay. Let's vote.
Lehman: Then let's deal with the larger issue which obviously is the TIF. The
amendment that we have is the reduction of the maximum amount that
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would be allowed from $500,000 to $400,000. Is there any other
discussion relative to the reduction of that maximum?
Pfab: I would almost suggest that we ask the person who made the
amendment and the second to withdraw that because I think that's
(End of Side 1, Tape #02-72, Begirming of Side 2)
Pfab: The question that we have before us.
Lehman: Well let's...would the person who made or seconded the amendment
wish to withdraw the motion or the second?
Wilbum: I do not.
Lehman: They do not.
O'Donnell: I do not.
Kanner: I'd like to amend the amendment and offer that the reduction be down
to $10,000 maximum tax abatement.
Lehman: Is them a second? Can we amend an amendment?
Pfab: Sure you can.
Lehman: Motion to amend the amendment to $10,000. Is there a second?
Motion dies for lack of second. Is there any more discussion on the
amendment reducing it from $500,000 to $400,000?
Pfab: I would like to make an amendment to go to $300,000.
Lehman: We have a motion to go to amend it to go to $300,000. Is there a
second?
Kanner: Sure.
Lehman: We have a motion and second. All in favor of the amendment to the
amendment signify by raising their right hand please.
Olson: Are you going to have discussion on that Ernie? To an amendment to
an amendment?
Lehman: This is between the Council. Is there anybody on the Council wishes
to discuss the amendment to the amendment?
Pfab: Okay. The reason that I wanted...I made that amendment was the fact
that I'm not sure the number $400,000 is correct. I'm not sure any
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number is correct. I'm not so sure that this shouldn't be sent back. So
just the option of $400,000 we're basically saying okay the rest is
everything's fine and $400,000 and it's a go. I don't think that's the
question.
Champion: But Irvin you have never supported any T1F in any amount. So we
don't expect you to support this. So, you know, this is just to make
amendments to prolong the decision is a waste of our time.
Kanner: Well Connie how about considering using the TIF's like Coralville or
Solon does?
Lehman: We're talking about the amendment.
Champion: We're talking about the amendment.
Lehman: Hold it we're talking about the amendment to the amendment. Is there
other discussion on that issue?
Karmer: But Connie you made a point to not supporting anything and I think
perhaps I shouldn't really speak for Irvin, but for myself I'd be willing
to support something in giving a T1F up to $400,000 if we put it into
infrastructure, if we had guarantees that perhaps neighborhood people
could use the facilities, if they could share something with the school
system. But we don't have that kind of cooperation from you Connie.
If you're willing to work on that I think that maybe we could find a
compromise.
Lehman: Let's talk about the amendment to the amendment.
O'Donnell: That's right. Get it done.
Lehman: All those in favor of the amendment to the amendment changing it
from $500,000 to $400,000 to $300,000 raise their right hand please.
Kanner: Aye.
Pfab: Could you state the what we're voting on?
Champion: Your amendment.
Pfab: I thought you said you change it from $400,000 to $500,000...so what
is it? What are we voting on?
Lehman: You made the amendment to the amendment.
Pfab: Alright.
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Lehman: Do you support it?
Pfab: The amendment to $300,000 yes.
Lehman: Yes. Okay. Would you...we have two that support. Those opposed
to the amendment please raise your right hand.
O'Donnell: I only saw one hand Emie.
Lehman: I don't see any hands. Alright the amendment to the amendment is
defeated 5-2. Kanner and Pfab voting in the affirmative. Is there
discussion on the amendment that reduces it from $500,000 to
$400,000? All in favor of that amendment signify by saying aye.
Opposed? The motion carries 5-2. Kanner and Pfab voting in the
negative. We are now discussing the motion as amended.
Pfab: Okay. When Dee was making some points there she said that anyone
could have purchased the property. I wanted to ask her why she was
making the statement because I wasn't sure I understood that. Could
you repeat what she said there that this property was available and
anybody could have purchased it. Now which property were you
talking about.
Vanderhoef: Plamor Lanes.
Lehman: Any property in the district.
Pfab: Okay. Plamor Lanes.
Vanderhoef: And it was for sale. And anyone...
Pfab: I was thinking that that point you were saying...you were talking
about Sycamore Mall. Okay. No. I...okay...so but the bigger
problem is this I think the smartest person in this room is standing in
front of the podium there because what does he got to lose. I'm
serious...no, no and...just what?
Champion: What does yeah.
O'Donnell: The City has the gain. We're gaining taxes.
Pfab: What is the City going to gain? Can you tell me?
O'Donnell: Which part of that didn't you get? The taxes and jobs.
Pfab: Okay. Okay when is the City going to be ahead of the game?
Vanderhoef: Seven years.
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Champion: We have the gain immediately.
Vanderhoef: And it could be sooner then that if the assessed value goes up and
more money is put into the property and they reach the threshold of
$400,000. Anything that that property generates about $400,000
during the seven years will come back to the City.
Pfab: Okay. I think we as the City Council have a fiduciary responsibility to
the public's money. Now we were saying...and I would support a
TIF without a blink in my eye if this money was going to be used to
support improvements in the infrastructure so something that Iowa
City would own. The problem is we can't find anything to improve.
So we call it a blighted area when we can't find anything to spend TIF
money on to improve it.
O'Donnell: Irvin you got a philosophical problem with TIF.
Pfab: No, no I have a philosophical problem of public money that should be
used for public things. Now money is taken away from the school
board. Money is taken away from Johnson County because this
money is not available to them. That is an area there that the City is
willfully neglecting. It doesn't have to be in the TIF district. The area
around there needs public support to improve those neighborhoods, but
we don't have the money. We can't put genuine quality community
police officers that would help that area a whole lot. We go to PIN
grants to purchase additional time to go to police that effort. There's a
number of improvements that could be used in that neighborhood. The
schools them are...have problems because this money is not being
used. TIF money from all over the area is hurting these school
systems. So I guess and I think that and following the guidelines...
O'Donneli: Irvin.
Champion: Irvin enough.
O'Donnell: (Can't hear) how you pay for these things. You grow your tax base.
This is an opportunity. It's an investment in Iowa City. You disagree
with it. You're not going to support it.
Pfab: No, no, no, no. I will support it.
Lehman: Hold it Irvin. Let's let somebody else talk.
Ambrose: Can I just say one thing to Irvin?
Vanderhoefi One of the things...
Pfab: Yes.
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Lehman: Just a minute let Gerry talk.
Ambrose: Now I've been in the real estate business for 25 years and I know one
time you were in the real estate business and you can't honestly sit
there and believe that the improvement of this building is going to hurt
the tax base. That building is not going to pay any less taxes than it
did before. I'm going to bring up the quality of the neighborhood.
You're probably going to see more development because of this.
You're going to see the...you're going to see the occupancy of the
complex next door go up. You're going to see those tenants in that
complex next door probably make a better living then they're making
now. Okay. How can you sit there and say that I'm going to hurt the
tax base? I'm not hurting the tax base. I'm not taking one dollar
away. You know, in reality, that building probably...we probably
could have made an application to lower our taxes on that building
because it was vacant. But no, it's not. It's going to be turned around.
It's going to revitalize the area and you know that. I mean...I guess...
Pfab: No. I agree.
Ambrose: Let me ask you this Irvin. Do you think I bought that building not
knowing that I had an opportunity to get TI]:? Of course not. I hope
you think I'm smarter than that. So the bottom line is that's why I
bought the building. And, you know, I guess the thing is that you need
to recognize that you need to revitalize that area of the world and I'm
offering you an opportunity.
Kanner: Gerry is there any evidence that the neighborhood is blighted? Then
why do we need to revitalize it then?
Ambrose: Only if you can see.
O'Donnell: It's not important.
Kanner: What?
Ambrose: Only if you can see. If you can't see the difference doing Sycamore
Mall and the way it was three years ago or two years ago I'm sorry.
Then you will have to reevaluate your position.
Kanner: There was no evidence that it was blighted. But Mike and Connie call
us on our bluff. Let's negotiate and find some things. We'll do a TIF
if you agree to negotiate that some of it could go into infrastructure
like we were told Ped Mall and covering the sewer. Let's put a child
care center in there. We need child care. That's one of the top
priorities of economic development.
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Ambrose: Steven?
Kanner: And make it accessible for low-income. Connie and Mike call my
bluff.
O'Donnell: Maybe you can be a partner with Gerry then Steven. Why don't you
volunteer that?
Kanner: Mike...
Oleson: Could you not be snide with each other? I mean it's not helpful to the
citizen when you're snide with each other. It's really not.
O'Donnell: Thank you.
Oleson: Thank you.
Lehman: Dee, I think you had something to say.
Vanderhoef: I did. When Irvin was talking and said we don't have anything to
spend money on in that area.
Pfab: For infrastructure.
Vanderhoef: For infrastructure.
Pfab: To improve the infrastructure.
Vanderhoef: We sat there last night at the Council work meeting and talked about
the storm sewer and how we could do some changes there that would
make more land available for development if we put the infrastructure
in. This whole walkway system that will connect the neighborhood
and help support all of the businesses in the neighborhood this is
another place where we can use dollars from the TIF district to help
with infrastructure.
Pfab: Why isn't that money that's being TIF'd to go that rather than to
improve the...if I remember correctly...
Vanderhoefi The money...
Pfab: Just a minute - I let you talk, you let me please - I believe about the
only requirement is that Gerry has to improve is it the assessed value
or do you have to invest 15%?
Lehman: The assessed value.
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Pfab: No, no it's the assessed value right? Basically you could almost paint
the building and cut the grass and get 15% increase.
Champion: Oh, come on.
O'DonnelI: Is everybody finished? I'll call the question.
Champion: I'll second that.
Lehman: Question has been called and seconded. Is that a motion that can be
discussed?
Champion: No.
Dilkes: No.
O'Donnell: No.
Lehman: Alright. All in favor of calling the question indicate by raising your
right hands. All opposed raise your right hands. The motion can'ies.
Now we're going to vote on the resolution as amended. Roll call.
Motion carries 5-2. Thank you Gerry.
O'Donnell: Congratulations Gen'y.
Ambrose: Thank you very much.
O'Donnell: And good work on Sycamore.
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ITEM 18 CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS
PROJECT.
Lehman: (Reads item). Do we get.
Karr: You have to revision in front of you this evening.
Pfab: The two names on it.
Lehman: Alright got it here. We receive two bids. Engineer's estimate was
$69,100. Low bid was $57,884.40 from Iowa City Landscaping.
Public Works and Engineering recommending awarding the contract to
Iowa City Landscape. Do we have a motion to that effect?
Vanderhoef: Move the resolution.
O'Donnell: Second.
Kanner: Second.
Lehman: Moved by Vanderhoef, seconded by Kanner. Discussion? Roll call.
Motion carries.
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ITEM 19 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A
PERMANENT STORM SEWER EASEMENT AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE OWNERS
OF LOT 9, DEAN OAKES SECOND ADDITION, IOWA CITY,
IOWA.
Lehman: (Reads item).
Champion: Move the resolution.
O'Donnell: Second.
Lehman: Moved by Champion, seconded by O'Donnell.
Pfab: I have a question. What...why is this needed or why is this needed at
this point?
Dilkes: It appears to me from what the resolution says that there's an existing
storm sewer there and there's no easement agreement and this will just
formalize it.
Pfab: How did the storm sewer get there?
Dilkes: Irvin I can't tell you any more about the storm sewer then what's in the
resolution.
Lehman: A little bug went out there and dug a ditch and...
Pfab: Okay. I mean I'm really curious how a storm sewer could get there
without an easement.
Dilkes: Oh we have sewers that...old sewers...
Lehman: Don't tell more then you should now.
Dilkes: ...that have been there for a long time and probably are there by
prescriptive easement at this point.
Pfab: So you're...
Dilkes: But, but I think when one is discovered or it's...people recognize it's
there and there's no agreement it's in...often in the property owner's
interest and in our interest to memorialize it in a formal (can't hear).
Pfab: Okay. So you're saying that this is a sewer that's been in there for a
number of years?
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Dilkes: I can tell you what's in the resolution and that says that there's an
existing storm sewer there and there's a desire on behalf of the City
and the property owner to memorialize that easement in a formal
agreement.
Pfab: Okay.
Lehman: Is there further discussion? Roll call. (Motion carries)
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ITEM 22 CITY COUNCIL INFORMATION
Lehman: City Council information. Irvin?
Pfab: Nothing.
Lehman: Connie?
Champion: Nothing.
Lehman: Mike.
O'Dormell: Tomorrow is the anniversary - poor way to put it - it's September 1 Ith
- the day America changed. I hope everybody will pause for a
moment and remember the families and the victims and heroes. We
recognize the fire fighters and policemen tonight. Totally appropriate.
Mr. Mayor, I understand that another milestone has passed in your
illustrious life.
Lehman: You mean the one tonight's meeting? A real milestone.
O'Donnell: I don't want to go them.
Lehman: Alright.
O'Donnell: Yesterday was Ernie' s 41 st anniversary.
Lehman: With my wife yes.
O'Donnell: And from the bottom of our hearts we've taken up a collection and we
would like you to go where no man has ever gone. Take your lovely
wife out for dinner. And it comes with your personalized card.
Lehman: You should know our son gave us 41 dollars - one dollar for each
year. So he's way ahead of you. Are you sure you didn't exceed the
maximum allowed by law? I don't think you even came close.
O'Donnell: We made sure and it's the thought that counts Ernie.
Champion: And everybody.., and nobody was allowed to contribute more than a
dime.
Lehman: Here's a quarter.
Champion: No. Somebody needed change.
Vanderhoefi They only gave a nickel.
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O'Dormell: A matter of fact they asked for change.
Champion: But everybody here donated at least a dime. Some only had a penny,
some people only had a nickel.
O'Donnell: Maybe you'd like to read the card.
Lehman: I should...wait a minute maybe I should...
Atkins: Ernie?
Lehman: Yes?
Atkins: Dale didn't give you a dime.
Lehman: I see.
O'Donnell: Neither did Brian Sharpe.
Lehman: Thank you very much. That's very sweet of you. Thank you.
O'Donnell: It's heartfelt.
Lehman: I am so choked up that I'm going to wait for what I have to say until
the rest of the Council get through. Dee?
Vanderhoef: Okay. Eleanor these two zoning boards for the airport that we've been
advertising for commission members for a long, long time. Would
you check and see whether by law we're set on a length of time or
number of persons on that board? And see whether there's something
we can do to amend this and get some more action. Thank you.
Lehman: Okay.
Wilbum: Just a reminder that the human rights breakfast is September 26th at
7:30 a.m. at the Iowa Memorial Union. I encourage people to buy
tickets. I think you can contact the City Information to get ticket
information but to recognize individuals and organizations for their
contributions to human rights.
Lehman: Fun, fun event, Steven?
Kanner: I urge my fellow citizens if you're concerned about the threats of
going to war in Iraq to hook up with a group in town - Iowans for
Peace that meets at 6:00 p.m. at the Wesley House this Sunday. And
they have weekly meetings. They look for less violent and non-violent
and more constructive methods of moving toward world peace then an
invasion of Iraq which they and myself consider unwarranted. So I
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urge you also to contact your U.S. representatives on this issue. And
then finally this is the Jewish high holy days that I and Jews around the
world are celebrating. Rosh Hosanna just happened. It's the Jewish
new year. And Yom Kippur the day of atonement is happening next
week. It's for me and I think for many of my fellow Jews a time of
spiritual renewal and hope and belief in the ability of human kind to
work for tokonolum which is literally to re-pure the world. It works
for a just and peaceful world. So I want to wish everyone that's
celebrating the holiday a happy new year and have a good fast on Yom
Kippur. Thank you.
Lehman: Two things. First of all Steve I did business today with MidAmerican
Energy and the information that we received in our packet relative to
the charge for the City putting wires on the poles.
Atkins: Yes.
Lehman: I believe was...
Atkins: It was part of the when we were connecting.
Lehman: That charge is going to be waived by MidAmerican as if we still had a
franchise. So whatever amount that was that is (can't hear) a letter to
that effect.
Atkins: Will we expect something from them?
Lehman: Yes.
Atkins: Good.
Lehman: In fact I made sure I could announce that tonight and I was told that
was fine. There will not be a charge for attaching. That's part of our
voice communication system I believe.
Atkins: Yes. Yes.
Lehman: Anyway.
Kanner: About $2500 the first year and $1500 subsequent years.
Atkins: That's about right.
Kanner: Who did you meet with?
Lehman: I called the manager. It was pretty simple.
Karmer: Terry? Is that?
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Lehman: Yeah. I just told them I thought that was a very poor move politically
and those folks I think are certainly willing to...my suspicion is
anything without a franchise we got kicked out by a computer and we
got the bill so they're treating us as if we still had a franchise. And
we will not be paying for that. We also tomorrow evening there will
be mayors from, I believe, 10 or 15 different communities at City Park
along with representatives from our Fire Department, Police
Department, I think National Guard, there may also be some folks
from the American Legion, and a large number of folks from Iowa
City who will meet in City Park probably starting about 5:30. There
will be a program at 7:00 - a very brief program for probably a half
hour or so and then we will be dedicating some trees. It should be, I
think, an event that...it certainly something I think a lot of folks would
like to attend. So I certainly invite all of you to be there.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of September 10, 2002.