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HomeMy WebLinkAbout2007-07-24 Transcription #2 Page 1 ITEM 2a PROCLAMATION. Bailey: (reads proclamation) Karr: Here to accept the proclamation is Keith Ruff, Peer Coordinator, Everet Conner Center. ( applause) Ruff: Thank you, Regenia. On behalf of the Conner Center, thank you. Iowans with disabilities all across the state would like to thank the City of Iowa City for consistent help in helping us to help others become independent, emotionally, socially, and physically. So we thank you very much. ( applause) Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24,2007. #2 ITEM 2a Bailey: Karr: Richman: Bailey: Page 2 PROCLAMATION. (reads proclamation) Here to accept the proclamation is Brian Richman, Vice Chair, HCDC. ( applause) Just very quickly I'd like to thank the Council for recognizing this important event, the Community Development Week Celebration, and more importantly for the work that you do throughout the year in promoting community development and economic development and affordable housing efforts, uh, that help make Iowa City such a great place to live. Urn, and perhaps most importantly, I'd like to take this opportunity to recognize...I think the people that this celebrates... that this week of celebration really recognizes, which are the non-profits and the agencies who are on the ground 52 weeks a year. The Shelter Houses, and the Free Medical Clinics, and dozens of others, providing the kinds of services, urn, and developments that, uh, really contribute to the, uh, community of Iowa City, so thank you. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24,2007. M P~3 ITEM 4 COMMUNITY COMMENT. Bailey: This is a time for items that do not appear on tonight's agenda. If you have comments that are not on tonight's agenda, please approach the podium, state your name for the record, and limit your comments to five minutes or less. Gustaveson: Good evening. I'm Craig Gustaveson, President ofthe Downtown Association. I have a.. . four things I'd like to bring up tonight very quickly. Uh, the first issue is the taxi stands. We would like to thank the City Council for not only listening to us, but taking action on rescinding the taxi stand issue. We appreciate you listening to us, and we really appreciate you taking action on it. The second thing is, again, a thank you from the Downtown Association for changing the ordinance for our sidewalk sales. This is the first time in over 30 years we've had the downtown, the Old Capitol Town Center, and the Sycamore Mall and several other businesses around the City of Iowa City to do sidewalk sales all in one weekend, and to accommodate this, we needed to extend it to one extra day to accommodate the malls and for them to accommodate us on a Thursday night through Sunday. So we appreciate you expediting that and helping us with that venture. The third thing is mainly to Steve. Urn, how often do we compliment you? (laughter) But, we.. . all of us at the downtown and the Downtown Association really thank you for your 21 years of service, and for keeping downtown forefront, keeping it... the Pedestrian Plaza looking new and all the things you've done for us - we really appreciate your service to all of us downtown, and hope you and Judy enjoy your next phase oflife. The last thing, I know this is an agenda item later on, but I do want to just quickly talk about the planters. Bailey: Craig, could you talk about that when we come to the item? Gustaveson: Sure, you bet. Bailey: Okay. Appreciate your comments. Gustaveson: Three items.. .thank you. Bailey: Thank you. Other people who wish to address the Council, for items that aren't on tonight's agenda? Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Page 4 ITEM 5 PLANNING AND ZONING MATTERS. a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 21, 2007 ON A RESOLUTION TO AMEND THE NORTHEAST DISTRICT PLAN TO INTEGRATE A LARGE INSTITUTIONAL PROPERTY INTO THE PLAN FOR THE LINDEMANN HILLS NEIGHBORHOOD NORTH OF THE PUBLIC SQUARE ALONG LOWER WEST BRANCH ROAD. O'Donnell: Move to set the public hearing. Correia: Second. Bailey: Moved by O'Donnell, seconded by Correia. Discussion? Just for the public's information, this is.. . deals with St. Pat's Church, which has moved out of our downtown because of the damage by the tornado. Okay? All those in favor of setting the public hearing say aye. Opposed same sign. Motion carries 6-0; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Page 5 ITEM 5 PLANNING AND ZONING MATTERS. b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 21, 2007 ON A RESOLUTION FOR A VOLUNTARY ANNEXATION OF 14 ACRES OF LAND OWNED BY HENRIETT A MILLER AND 1.89 ACRES OF LAND OWNED BY THE CITY OF IOWA CITY LOCATED NORTH OF LOWER WEST BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOORLANE. Champion: Move to set the public hearing. Vanderhoef: Second. Bailey: Moved by Champion, seconded by Vanderhoef. Discussion? Once again, this deals with St. Pat's Church. All those in favor say aye. Those opposed same sign. The motion carries 6-0; Wilburn absent. Correia: On the 1.89 acres of City property that's for the public square, is that (unable to hear). Bailey: Jeff is nodding yes. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Page 6 ITEM 5 PLANNING AND ZONING MATTERS. d) CONDITIONALLY REZONING APPROXIMATELY 15.42 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-12) (REZ-06-00025) e) CONDITIONALLY REZONING APPROXIMATELY 34.86 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) AND HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-12) TO PLANNED DEVELOPMENT OVERLAY 8 (OPD-8) AND PLANNED DEVELOPMENT OVERLAY 12 (OPD-12) (REZ06-00026) 1. PUBLIC HEARING Bailey: The next two items, 5.d) and 5.e), we will consider together. (reads Items d and e) This is a public hearing. Public hearing is open. (pounds gavel) And I'm first going to ask for any kind of Ex Parte communications, so if there are speakers who want to address any questions that you've had in discussions, they can do so. Vanderhoef: Uh, I would like to disclose that at the previous meeting I forgot to tell you that in discussing with Karin Franklin, when I did an on-site visit, she showed me where the Whispering Meadow road would come through, and it comes through approximately in the middle of the forested area, and so there will be a number of trees and things taken out to allow that street to be continued through there, and that was part of my thinking of why I thought it should stay as part of the, uh, residents' responsibility, rather than accepting it as neighborhood open space, uh, requirement. Bailey: Okay. Any other Ex Parte communications that Council Members need to disclose? Elliott: I also spent some time talking with Karin Franklin, former staff member Karin Franklin, and looked over the property involved with her. I have obviously spent time talking with my daughter and her partner, Dan, because they live on Stanwyck, and that'll be very much impacted by the proposed development. I can't remember if I've talked with Jeff or not. I suspect I might have, but I don't remember. Bailey: We'll just assume you have. Elliott: I don't remember a lot of it! Bailey: You didn't need to disclose that! (laughter) All right. Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Davidson: Elliott: Davidson: Elliott: Davidson: Correia: Davidson: Page 7 You had (coughing) excuse me, extensive discussion of this, of these two items, which are now going to be considered as a single item, at your last meeting. The Conditional Zoning Agreement has been revised, according to the direction that you gave us at the last meeting. The significant modifications that were made, was reflecting the extension of Whispering Meadows Drive across the Sycamore Greenway now being a 50/50 split in terms of the expense of doing that. The developer will be reimbursed 50% by the City. The other thing that was put in there at your request was that the developer will make a good faith effort to provide affordable housing as part of the development. I can read the exact wording, if you would like. Urn, the other modification that has been made that is more minor is that the City shall reimburse the developer for expenses that he is owed, within 30 days of our acceptance of those, of those things. So, urn, those are the modifications. Otherwise, it's substantially as you saw it before. It has been signed. It's totally executed. So, ifit is your desire this evening to close the hearing and take action, you may proceed to do that. Are there any other questions or any visuals that you would like to see in conjunction with your discussion? Jeff, we talked last time about the City putting in an informal road that would allow an entrance and exit into the, the development that is just east of Sycamore. General Quarters subdivision. Is that going to happen? That would assist in some of the problems that will exist if everything goes through Stanwyck. Yeah, if we get to a point where Whispering Meadows Drive has been extended through, and just stubbed into the private property, that's a matter that we would take up with that private property owner at that time, or you could do it with the subsequent final platting of that subdivision, should that occur, but one way or another, I believe if worse came to worse, you could condemn the road through there and gravel it, if you desire to have a temporary entrance. So, yes, the City does control getting that done, ifthat's your desire in the future. Any other questions for me? Well, just because Bob had mentioned that (unable to understand). That was in.. .my recollection of the end of our discussion last meeting was that this road would not be linked, this connection would not be linked to Stanwyck. Right. Through your subsequent platting of General Quarters, you will control that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24,2007. #5 Correia: Davidson: Correia: Elliott: Correia: Davidson: Correia: Davidson: Correia: Davidson: Bailey: Page 8 So it's not, we're not going to be doing a temporary connection, because that. . . Right, now the temporary connection you were talking about, Bob, was to get it out to Sycamore, right? Not, not to Stanwyck. .. . confused why you would even be worried about Stanwyck, since there's no plans to link it to Stanwyck. Okay. Immediately, the only entrance to General Quarters now is through Stanwyck. That's correct. But it doesn't connect... Yes, and again, you control the platting within General Quarters that would make that connection. There's additional road that needs to be built in General Quarters subdivision before that would occur. So, if we, if. . . if this road is built to spec... to where we are proposing that it needs to be built... West right-of-way line of the greenway. Right, but then there's nothing, there's a period of time where there's.. .it's not connected, and people in this neighborhood would have a pattern, develop their traffic pattern, using Lakeside or the other roads. Urn, is there...I mean, I'm just wondering what the benefit would be then for having a dead-end road, if a future Council doesn't want to extend it to Sycamore, then... Yeah, clearly the action to extend Whispering Meadows Drive through the Sycamore Greenway and terminated at General Quarters subdivision is based on the big picture desire to have it go all the way out to Sycamore, and have some of that traffic go that direction, when all the streets are built in the area. I mean, it's kind of a longer view, Amy. You are correct that in the short-term, there may be some traffic patterns, but you know, we find generally in study in traffic which, I've been doing for many, many years, that people will take what they perceive to be a more convenient route, so I think once that extension is made through General Quarters, and remember, we think that's appropriate for neighborhood traffic to travel through the neighborhood. We don't want to have cut- through routes, and we don't perceive this as being such a thing. I have a question about the "good faith" effort. What does that look like, and how will we know? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Page 9 Davidson: Well, let me just read it real quickly to you. Bailey: I got it in front of me. Davidson: Pardon me? Bailey: I mean, so how will we evaluate that, I guess, is my question. Davidson: Well, it is a "good faith" effort. It is not a requirement. Bailey: Right. Davidson: So I think that's the significant distinction. Bailey: So, it seems like... Davidson: Perhaps that is a question appropriate for the developer, who's in the audience. Champion: I think our reason for accepting that was that housing fluctuates, prices fluctuate, and what.. .he explained it very well, but he's been known to do that, so I don't imagine that he's going to back out of it, unless he's got some valid reason to. You can't control the economics of the times, or what's in demand. You can't control that. Bailey: But I guess my question isn't not trusting the developer so much, as how will we evaluate if this Conditional Zoning agreement has been complied with? Dilkes: I think it's going to be a fact-specific analysis, and I think the most likely way that it will corne up, I mean, as we talked earlier, this is a very, this is not, you know, counting to ten. This is very kind of fact-based analysis and I think the most likely time it's going to corne up is when there's a perception by somebody, Council I guess, or staff, that something's going wrong out there, it's not happening like it was intended to happen, and then you would do that analysis, but I don't think we can give you any more than that. Bailey: Okay. Correia: Well, and I also think that the price points that were cleared for the townhouse units were $110,000-$150,000, which are within an affordable range. I know we're selling affordable dream home homes for $147,000 and so I think, you know, that that's getting at the affordable housing issue, as well, from just, from just a private market prospective, which is what we've been wanting to see.. ..that will be really positive. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Page 10 Elliott: It seems to me that the nature of the development itself, the types of structures that will be built and the land on which it's built is, there's not going to be many people who are going to want to build a $300,000 home within.. .just by the nature of what is planned. It's going to be quite reasonable, I would assume. Vanderhoef: Just for clarification, urn, we heard recently that there was not a neighborhood open space deficit in this area, at this point in time; however, my understanding of how the formula works, that if we add this many units, then the population number goes up and fits into the formula and at some point in time, we're going to be in the position that we will not be, uh, completely, uh, covered by our neighborhood open space. Davidson: Yeah, I apologize, Dee, for not knowing the details of how that formula is calculated, in terms of the open space deficit. I know it's done based on the planning districts within the Comprehensive Plan, and it is periodically reevaluated. What is reflected in the agreement here is the Outlot C plus the balance as a fee. You know we considered Outlot A and the suitability of that, but it is something that's periodically reassessed, as you say, as the City grows and the overall calculation has to be revised then. Vanderhoef: Uh-huh. Unless there is a new neighborhood designated south of the Grant Wood, so these homes all are going to feed into the Grant Wood School, and into the Grant Wood neighborhood, and using the population calculation within, then we will be out of compliance to cover this many new families. Davidson: Yeah, and I think you're aware, you know, that we see the growth area extending down basically to the soccer park, sewage treatment plant area, and we anticipate that area coming in; the McCollister Boulevard being extended through this area, and so obviously there's going to be a lot of new neighborhood added to this part of town and no doubt that will be assessed, Dee, with subsequent subdivisions that come. Vanderhoef: Uh-huh. Davidson: Anything else for me? Correia: Just remind me of the process, so that.. .because we had long discussions about the open space dedication with the woods or not, and so that comes to us through the platting process. Davidson: Yes. . . yes, yes, but what is anticipated, correct me if I'm wrong, Steve, is Outlot C plus a fee in lieu ofthe.. . for the balance, or that will be worked out, I guess, ultimately at the platting stage, yes. I guess what I This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Bailey: Davidson: Bailey: Gordon: Bailey: Gordon: Champion: Gordon: Bailey: Page 11 represented to you in what is proposed by staff. That will be worked out in detail at the platting stage. Other questions for Jeff? Thank you. Thank you. I'm Steve Gordon with AM Management. Urn, I'll just clarify a couple comments you made tonight. Urn, on the street connection, the road we're going to build will end at the west end of the Sycamore Greenway. It will not connect to the street. It goes up through Stanwyck, and will not connect to that street, until a further phase or platting is approved for that General Quarters subdivision, because that General Quarters street does not corne down far enough now to connect to that, so it would be reasonable to assume that Whispering Meadows will connect all the way to Sycamore before it would connect up through Stanwyck, because that would be the next phase of General Quarters, to loop it around and head it back out to Sycamore. And then as far as the affordable housing, urn, I guess we were, based on the comments made at last meeting and some precedence set by some downtown projects that.. .we worked out language that I guess we thought met what you guys were after last. . .last week, as far as best efforts to maintain affordable housing, and I agree with the comment that the very nature of the development will limit the price points of the lots and the housing in there, and just.. .just for the record, we do already have a meeting with Habitat for Humanity next Monday. I'm meeting with a couple Board Members there that are interested in what we're doing out there with the lots. So, I think what we had in the agreement was, again, our understanding and I believe staff too, because they accepted it and signed it, that that's what you had, what we had talked about last, two weeks ago. And I wasn't suggesting that you wouldn't follow through with that, but this is the first contract I've seen "good faith" effort and so I just wanted to know... Okay, great. And I can answer any other questions you may have. Thank you for kind of compromising with this and working this all out. All right, thank you. Appreciate it! Anybody else wish to speak at the public hearing? Okay, public hearing is closed (pounds gavel). I would entertain a motion... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Page 12 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (Deferred from 6/19 and 7110) O'Donnell: Move first consideration. Correia: Second.. . for both d) and e) (several talking). Bailey: Moved by O'Donnell, seconded by Correia to, for Items 5 d) and e). Further discussion? Roll call. Item carries 6-0; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #5 Page 13 ITEM 5 PLANNING AND ZONING MATTERS. 1) . CONSIDER AN ORDINANCE REZONING APPROXIMATELY 2.35 ACRES OF PROPERTY LOCATED AT 802 S. CLINTON STREET FROM INTENSIVE COMMERCIAL (CI-I) ZONE TO NEIGHBORHOOD PUBLIC (P-l) ZONE (REZ07-00009) (SECOND CONSIDERATION) Champion: Move second consideration. Bailey: Moved by Champion. Vanderhoef: Second. Bailey: Seconded by Vanderhoef. Discussion? Correia: I'll not be voting on this due to a conflict of interest. Bailey: All right. Does anybody have any Ex Parte communication to disclose regarding this? Okay. Roll call. Motion carries 5-0, Correia abstaining due to conflict of interest; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #8 Page 14 ITEM 8 CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW SECTION 9, ENTITLED "AMATEUR FIGHTING AND BOXING," TO PROHIBIT AMATEUR FIGHTING AND BOXING AT ESTABLISHMENTS THAT ARE LICENSED TO SERVE ALCOHOL. (PASS AND ADOPT) Champion: I'd like to add. . . Karr: You have to put it on the floor first. Bailey: You have to. . . O'Donnell: Move that. Bailey: Moved by O'Donnell. Champion: I forgot what to say! Second. Bailey: Seconded by Champion. Discussion? Champion: I would like to re.. .bring forward my last amendment to this that we would exclude USA Boxing, which is a regulated athletic event, from this ordinance. Correia: Second. Bailey: Okay. Moved by Champion, seconded by Correia to exclude amateur boxing.. . Champion: No, USA... Correia: . . . USA Boxing. Bailey: Okay, to exclude USA Boxing.. .to amend the ordinance to exclude USA Boxing. Discussion? Vanderhoef: I will support this amendment. I think, uh, the kind of regulation that, uh, any of the Olympic Committee organized groups is ample plenty of oversight for these kinds of activities. I think it is something that people can choose to go to, whether it be in a recreation center, or whether it be in a hotel or what other venue, and appropriately supervised, I see no reason why there cannot be alcohol at that venue. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #8 Bailey: Correia: Bailey: Perkins: Bailey: Perkins: Bailey: Correia: Bailey: Elliott: Page 15 Further discussion on the amendment to exclude USA Boxing from the ordinance? Well, I think when we were.. . all of our, most of our discussion that I recall, centered around that the mixed martial arts is not regulated by anybody, and that was what we were concerned about, or what I recall being most concerned about, not wanting to get into the regulation game in the City, that that.. .I mean, we didn't have the information about USA Boxing being a regulated event, um, and I think there are many examples of sporting events that serve alcohol, including the Cardinals probably serve alcohol at their venue, urn, the press box at Kinnick Stadium, urn, so I mean, other than I think that in a regulated environment, at a facility like a ballroom, I think that that...1 feel perfectly okay with that. Okay. Sir? As a citizen. . . State your name, please. Okay, my name is Marcus Perkins, and I live at 411 S. Scott Boulevard, and I was moved to come down here because of my watching the tape of last week's meeting, and having...and being a coach of you know scholastic athletics and having come through as a teenager, urn, boxing...I just wanted to kind of support what, urn, Adam Pollack was saying about there's a big distinction with how it's regulated, and urn, 1just feel that it isn't fair to amateur boxing, especially when it has the history back to the 1800's to, you know, the Olympics. ..I just don't think it's fair to lump that with, urn, the other type of martial arts boxing, and uh, I just didn't think it was fair that USA Boxing was being lumped into one big.. .just grouped together, and urn, 1'd like to see that separated, and you're already having that discussion. So.. .there's no need for me to say anything, but thank you for allowing me to speak on behalf of the public. Thanks for being here. We got a lot of correspondence, as well, in support, I mean, for an item in support of this amendment, as well. Further discussion on the amendment? I don't feel strongly either way. I think whether or not we have boxing in Iowa City iS...in the past it hasn't been any substantial event, and I don't see it in the future. I don't have any problem with the item the way it is, and I will vote for it the way it is. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #8 Page 16 O'Donnell: I too am going to support it like it is. Urn, my intention was to move this, this sport from downtown. I don't think it's appropriate to be in a bar, as I don't think boxing is appropriate to be in a bar. I understand we've had two venues in the Rec Center, and that's where I think it should be. I'm just not, not in favor of this. You know, we're looking at this mixed martial arts as.. .it's tremendously popular sport now and growing, and I don't know if they eventually will have sanctions on it or not. They possibly could. Uh, but I really don't think that's appropriate in a bar downtown, as I don't think boxing is, so I'm going to support the (several talking). Perkins: I respect what you're saying, sir, but urn, the same token, when I think of that, you pretty much spelled it out. It's a new, it's not really a fad, there's a lot of athletes within that sport that train pretty hard and everything, but urn, it's a different venue when you're dealing with a whole different scenario when you're dealing with Olympic boxing, and I know that across the country and other places, urn, the alcohol, I mean, they don't do this in a bar. They do these in regulated venues, and some happen to, you know, sell alcohol- some don't. Urn, that just isn't the main deal. My thing is to just pigeon hole it and let it just sit in the Rec Center, urn, is a problem, because often times a lot of professional fighters start in the amateur ranks and urn, I just have a problem with you saying that since it's an Olympic sport, urn, that means that it should stay at the Rec Center. Urn, and I don't think that if, for instance, he said that he was going to, Coach Pollack said he was going to have a Pro-Am, I think you know the venues would need to be maybe a little different than just being at the Rec Center. O'Donnell: Appreciate your (unable to hear) Perkins: .. .know what you're trying to say, but you know, having been through the experience myself, urn, 1.. . and what I've seen and experienced, it's never been pigeon holed into just a rec center, and urn, I think that since it is regulated, I just think since it's regulated, it should go. . .he should have the option to promote, you know, where he wants to promote. He has Insurance. Bailey: Mr. Perkins, I believe there's somebody else who would like to speak to this issue. So... Perkins: Sure. Thank you. Bailey: Thank you. Pollack: Hello, folks, my name's Adam Pollack. We met last...a couple weeks ago. I too want to support again the amendment exempting USA Boxing This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #8 Page 17 events. With this.. .the reason why this law was put forth was because of the Union "fight night." Everyone knows that. Box.. . amateur boxing has existed in Iowa for many, many decades, and yet, and over all those decades, there's not one fact in the record that shows that there's ever been a problem with alcohol at a USA Boxing event in Iowa. Not one single fact in the record. And I think before a legislature makes something a crime, that you're going to subject citizens to fines and potential jail time, that there should be something in the record that says, 'We have something here. There as an incident, a USA Boxing event, where they sold alcohol and there was a problem, and we're now responding to that and we want to make sure that that doesn't happen again.' That hasn't happened in decades. In fact, every year, the Iowa Golden Gloves takes place at the Seven Flags Event Center, a place that serves alcohol. They've had no problems. A member of the State Legislature is on the Iowa Golden Gloves Board, that you know.. . and, and they do this every year and there's not a problem. I was just at an event in Cedar Rapids a few weeks ago. They served alcohol there; there wasn't a problem, because the events are tame. They're.. .the whole tone and tenor of these amateur boxing events is different than what you're going to see at a barroom brawl, and my argument isn't to put amateur boxing in a bar, because the law doesn't say you can't have it in a bar, but the law.. .but the proposed law says you can't have it in an establishment with an alcohol license, and the Sheraton has an alcohol license, and they have a ballroom, and if I want to put on an event in their ballroom, even if I don't even sell alcohol at the event, that means I couldn't put it on there, simply by the fact that they have an alcohol license, and I don't think that that's fair to me when I never put on any type of barroom brawl, and 1.. .my event is regulated. Now, it's pretty clear that the concern of the Council, if you look at the law, the concern of the Council is the regulation - because ifit wasn't about regulation, but it was the fact about fighting in a bar only, then it would have been drafted to cover pro boxing. In fact, even under this law, you could have a pro fight in an establishment that sells alcohol, under this law. So, if you can have a pro fight in a bar, why couldn't you have a regulated amateur fight in an establishment like the Sheraton? What's the difference? They're both regulated. Pro boxing's regulated; amateur boxing's regulated. Therefore, you're allowing pro boxing in an establishment with alcohol, so therefore it's not about the fact that it's boxing in a bar or boxing in an establishment with alcohol, it's about the fact that there's no regulation. What's the difference between pro boxing and the mixed martial arts that happened in the Union? The difference is, that was not regulated, it was not sanctioned. No one was overseeing it. There was no rules, and that was the real concern of this legislative body, and that's why this law came about, because ifit was.. .if you really didn't want any boxing in an establishment with alcohol, then it would have covered pro boxing too. Or this law would have been put forth years ago. Boxing's existed for decades. What made this law come forth was the fact This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #8 Bailey: Pollack: Bailey: Pollack: Bailey: Karr: Bailey: Page 18 that boxing was taking place in a bar. It wasn't really boxing - it was mixed martial arts, and there was no regulation, and nobody was making sure that there was proper matchups and that these guys knew what they were doing and that there was mouth pieces and head gear and proper rings, and that there was a doctor and. . . that was the concern, it was a safety concern! And that is not a concern with USA Boxing events, and they take place every month, and every year, throughout the state of Iowa, year after year after year, in establishments with an alcohol license with no problems, and I go to them every year, and I've been going to them, and there's not going to be a problem. I'll be the first to say, if! ever put on an amateur boxing event in an establishment with a license for alcohol, any event.. . anything bad happened at all, sign me up for the law to ban us, but until that happens, until you have something that says, 'Hey, you had an amateur, USA Boxing sanctioned event, and there was some problem with the crowd or with the fans or with the fighters - until you have that, and there hasn't been in 20,30 years - until you have that somewhere in Iowa, an event that's been going on in Iowa City, then why would you want to put forth this law and tell me that I can't do something. That I can't put on an event at the Sheraton. Why would you want to take my liberty when there's nothing that's happened that would make you do that, other than the Union fights. And that's what this law should therefore be about, the Union unsanctioned and unregulated. If I do something that, if I put on an event and something happens, then you can, the next week, you could do away with the amendment covering USA Boxing and I won't even speak up against it, but that's not going to happen, because the regulation in Iowa is severe. Wrap it up. And it's very, very strict, and that's why we have a great track record, and so 1'd say please decide not with passion. Decide based on the facts, and the facts are there's nothing in the record, there's nothing that has ever happened at a USA Boxing event in Iowa at aplace that sells alcohol. So, you know... Thank you for your comments, Mr. Pollack. Thank you. Other people who would like to speak to this issue? Okay, roll call on the amendment. It's just a motion to... . . .motion to amend. Okay, all those in favor of amending the ordinance say aye. Those opposed same sign. Okay, the amendment fails on a 3-3 This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #8 Page 19 vote (Wilburn absent). Now consider the ordinance that was the issue on the floor. Discussion on the ordinance as it is? Okay. Correia: I guess I just want to say I'm disappointed, and if anybody had ever said to me that I would be on the Council and advocate for amateur boxing, I would not have believed them, because I'm not a boxing fan and I'm not a huge sports spectator at all, urn, but I just really believe that when we were having these conversations it was a concern about unregulated events, and we had ample evidence that this isn't a regulated event, not an event that would happen at the Union or a bar like that, that that could happen at a ballroom at a hotel where we have space, but I will vote for this because I don't think the mixed martial arts should be happening. Vanderhoef: Well said. Bailey: Roll call. Motion carries 6-0, Wilburn absent. Karr: Motion to accept correspondence. Vanderhoef: So moved. Correia: So moved. Bailey: Okay. All those in favor say aye. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Page 20 ITEM 9 CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED, "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED, "USE FOR SIDEWALK CAFES," TO ALLOW SIDEWALK CAFES TO ENCOMPASS RAISED PLANTERS IN CITY PLAZA UNDER LIMITED CIRCUMSTANCES. (SECOND CONSIDERATION) Champion: Move second consideration. Vanderhoef: Second. Bailey: Do we want to expedite? There has been a request to expedite. Okay, moved by Champion, seconded by Vanderhoef. Dis... (person speaking in audience ). Bailey: Dilkes: Bailey: Dilkes: Bailey: Bailey: Bailey: Beasley: Bailey: Is there public input on that question? No, because it is not on the floor. Let it get on the floor and then... Okay, when it's on the floor I want to make it clear that... There's no discussion of expediting on the floor. You get, you get discussion at the pleasure of the Mayor, and that's typically (unable to hear). Okay. Discussion on second consideration? Now you can discuss the item that's on the floor, which is not expediting the issue. We're on second consideration. Okay, I just thought that I heard the issue was whether you were going to expedite.. . I questioned and it seems that nobody was willing to do so. Okay, that's all I wanted. Ijust didn't want to waive the right to.. .input... Need to say your name for the record, by the way. John Beasley. Thank you. Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Page 21 Gustaveson: Craig Gustaveson, representing the Downtown Association. At this point, the Downtown Association isn't really taking a formal position on this, urn, we're not for it, we're not against it, but we think that this is something that really needs more review. Changing that ordinance not only affects the businesses directly in front of the planters, but it changes the whole atmosphere of the downtown Pedestrian Plaza. We feel like this is kind of another one of the, and excuse me for saying this, taxi stand issues, where we feel like there needs to be more discussion, more input from downtown businesses, not only on the Pedestrian Plaza, but people from downtown. This is going to be affecting people's livelihoods one way or the other, and we would really encourage you to take it slow on this, talk to people on the Pedestrian Plaza, talk to businesses downtown. We'd really encourage you to set up a meeting with the Downtown Association and some of the other businesses downtown before you vote on this, and get some more input on it. Urn, I hate to see another issue like what we just went through with the taxi stand where it was kind of a unilateral decision and not a lot of input from the downtown, so we really do encourage you to do that first. We have a Board meeting tomorrow that we will be discussing this, and we'd like to just have you take some time and discuss it, you know, with the appropriate people that it's going to be affecting. Thank you. Bailey: Thank you, Craig. Other comments, regarding this ordinance? Dillon: I'm Michael Dillon. I own one of the vending carts on the Ped Mall, Pop's Italian Beef, and we have been there three years in the same spot. If this is passed, we will be forced to move from that spot and I have absolutely no idea where, so it will severely affect our livelihood. Urn, I, uh, strongly urge you not to do it for that reason. Thank you. Bailey: Thanks for your comments. Other people interested in speaking to the issue? (male): My name is (can't hear). I'm with Brother's, it's Brother's Iowa City. I just have a few questions on it. Urn, have you guys looked at fire, police, and the EMT access, if that comes through. Are things going to be all right with that? Bailey: Always a consideration with sidewalk cafes. (male): I'm sorry? Bailey: That's always a consideration with sidewalk cafes. (male): Okay, good. Just want to make sure. Urn, at that point, at what point are other businesses going to start asking to do this? I see it says in limited This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Bailey: (male): Bailey: (male): Bailey: (male): Bailey: Porter: Page 22 circumstances. I think that needs some definition there, as far as who, what kind of, you know, venue can expand out in the thing. You know, I'm sure other places like the Fieldhouse would like to get out in the sidewalk cafe, or you know. . . Just to clarify our sidewalk cafe ordinance because there seems to be some misunderstanding. Our sidewalk cafes extend to restaurants, not necessarily bars, and we have some pretty strict discussions of that, and so... Weare a restaurant. Right. Okay. So... And uh, you know, I'd have to see the numbers you require as far as food versus alcohol sales, but you know, it's easily available. Urn, and I am concerned about Mike, about the vendors, you know, what does that do to them? That's going to push them away from easy accessibility to crowds in the evenings, during the day, urn, stuff that they need for their livelihood to, you know, continue to, you know, serve the people a little food right afterwards, stufflike that. Urn, and I guess that's about, about all I have. Thank you. Thank you. My name's Mike Porter from Coralville. I own the Summit and Jake's downtown. Urn, I guess I just have a few questions here on this. I guess you really want to do what the citizens of Iowa City want to happen at the downtown Ped Mall, and like the Downtown Association, I think we really need to take a look at the full effects of this before we pass this law through really fast. Do we want to take out all our green space downtown, and replace it with beer gardens downtown? If you look at Jim's plan, he's got bar stools in there. It's not just for food. It's open to midnight and there's bar stools in his design. So you're really putting in a beer garden down there, not so much a sidewalk cafe. And, I mean, with its Brother's, are you opening up a Pandora's box? Are all of a sudden are they going to want planters to be paved, and the Fieldhouse, which is also a restaurant, or Gray's and I know Brian wants to space in front of his restaurant. Well, what gives one restaurant the right to take the space in front of another restaurant and block the view of their restaurant? I mean, that's.. .that seems ludicrous to me. Urn, I love Jim, Jim's a great guy, but what happens when Jim decides to sell the Saloon, and you get somebody This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Bailey: Dilkes: Bailey: Dilkes: Bailey: Page 23 in there that you might not like as well. I mean, he sold Vito's. He sold Donnelly's, the two restaurants on either side of it. He's in the process of selling off shares of Joseph's. I mean, he will sell his businesses, and you got to look at the long-term effect of this, and you got to, you know, are you opening up a Pandora's box when you do this? Urn.. .one thing, another thing I looked at is the price. I mean, $10.00 a square foot? Property in Coralville's going for $30.00 a square foot. I mean, you're selling off prime real estate real cheap out there at $10.00 a square foot. Urn, last but not least, I guess, if we allow beer gardens in front of other businesses downtown, I guess I look really forward to, uh, extending my outdoor service area out, and possibly over in front of Iowa Book. I mean, you really got to take a look at the businesses that are affected down there that you're trying to put beer gardens in front of other people's businesses. I mean, it's just not fair. It doesn't seem right to me. Thanks. Thanks, Mike. Eleanor, to enable our speakers to speak accurately to our ordinance, could you please review what the requirements are for sidewalk cafes? Just to make sure that we all understand. I wouldn't want anybody to misspeak or misunderstand what we're talking about here. Let me get it in front of me here. Sorry to spring this on you. No, that's all right. (laughter) First of all, we aren't selling City property. We can't sell public right-of-way. Urn, as we have for a long time, we're doing sidewalk cafes, which are renewed on a year-to-year basis. There's nothing that requires the Council to grant them, and there's nothing that requires the Council to keep them once they're established. Urn, this amendment, well, first of all, backing up to the sidewalk cafe ordinance as it currently exists, and there have been numerous amendments to it over the years, at the request of various people. A sidewalk cafe must house a restaurant, and while yes there are a number of bars/restaurants, urn, the food, the kitchen must be open or the sidewalk cafe cannot be open. Urn, and I can read you the definition of a restaurant. It has to provide meal service to each floor, primary function is service of food, and I think if you look at most of the sidewalk cafes downtown, that's what you see, and it certainly would be in the Council's discretion under our existing ordinance to determine that the primary function of an establishment seeking a sidewalk cafe was not the sale of food, but rather just the sale of alcohol, and to deny that establishment a sidewalk cafe. Urn, I don't think that problem has really presented itself yet, but I think that would be clearly within the Council's discretion. Urn... I think that addresses some of the confusion about what our sidewalk cafes.. . This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. ~ P~~ Dilkes: Shall not operate when the restaurant kitchen is closed. Urn, we enter into an easement agreement, a temporary license agreement with each owner that gets a sidewalk cafe, which makes it clear that it's simply for a year in duration, and must be renewed, urn, sets forth a number of provisions. This one is much more detailed than some of the rest due to the issues with the planter, etc. So, with respect to the ordinance that's before you, as we've discussed, this is a unique, unusual situation, and we did not attempt to go through the entire Ped Mall, and the entire downtown, and examine who might be interested in using a planter, urn, at what time. That is, that's not something that we could, that we thought was a reasonable thing to do. Urn, there are a number of restrictions on whether, you have to have so many bathrooms, etc., in order to have more seating space, all those kinds of things are factored, are factors, and that's why I drafted this ordinance to have, leave it within the Council's discretion if they saw fit to authorize use of the planters for a sidewalk cafe area, urn, looking at a number of different facts. Yeah, it has to be, it also has to be, there has to be some connection between the establishment and the planter or the cafe area, and you can see in the drawings that that's created here with the overpass. Bailey: Thank: you. That helps. Champion: I think: also that, I mean, even though people might object to the planters being used, I think: it's wrong for everybody to assume that this is going to extend in front of Donnelly's. That part has been eliminated from Mondonaro's design. Bailey: Right, and right now we're just discussing this change. Champion: That's not. . . Bailey: That seems to be a concern, I agree. Okay. Mr. Porter, do you have further comments? Porter: Yeah, just to clarify. I do realize that you're leasing the property - you're not selling the property, but what I was saying is it's $30.00 a square foot to lease property in Coralville. That's why I think: you're way under value on what you're leasing City property for. Secondly, if you're going to change this ordinance, this dramatically, I mean, this is a dramatic change. It's going to change the complexion of the downtown Ped Mall area. You know, you really need to get more people involved, especially the DT A and the downtown businesses, and secondly, I think after you pass the ordinance, if that's what you decide to do, you need to give everybody equal opportunity to stake their claim on what they want out there. I mean, Ijust, Ijust think it's very unfair that, like we're going to give this This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Dilkes: Bailey: Flynn: Bailey: Flynn: Page 25 to Jim and nobody else gets a chance. I really think that there's a lot of, I'm quite certain there's other ones that fit the definition of restaurant. Like I said, Gray's, Brother's, and the Fieldhouse that might want their chance at it. I think you need to be fair about this and if you do go ahead and pass this, give everybody their equal opportunity. Just to...I need to comment on a couple things. First of all, there has to be a certain amount of proximity to the planter and the establishment. Otherwise, the contiguous requirement is going to be very difficult to satisfy. Secondly, if this, if the planters are worth $30.0 an hour, then so is the space directly in front of the building, and we are undercharging for all our sidewalk cafes, if that's the case. Maybe we should look at that. Okay, further comments? Hello, Brian Flynn from Joe's Place and Donnelly's downtown. Urn, I talked with many of you this last week, and especially it was kind of a hectic week. This was kind of sprung on us, I think, more than anything else. Uh, regarding the issue with it being in front of Donnelly's, I thank the Council on that. I don't think it should be in front of anybody else's business, urn, and I applaud Jim's innovation as far as the idea goes. I mean, as far as professional drawings, everything else looks pretty cool. However, you know, that being said, and also with the Council as far as being progressive for businesses downtown, I think, you know, we complain a lot that you guys aren't progressive enough for businesses downtown, yet.. .here I am. (laughter) So.. .um, but I would like to express two things is that, first of all, I'm a little bit displeased with the lack of communication that happened, and how fast this came about. Urn, there was only two days from the time you guys had the first vote, and then two days later I got a letter that said that, that Saloon was going to put an outdoor service area in, which realistically was the same letter that I I sent out to everybody around my area over at Joe's Place is back in the alley. It's just a generic letter that gets sent out through Public Works and it was not descriptive. It said nothing about planters. It said nothing about anything, and I understand that that's not the Public Work's responsibility to do that. Urn, however, you know, as far as putting an outdoor service area in a planter, I think you'll find that there's a lot of people in town that do not agree. The green space is going to be taken in the Ped Mall. I think you're starting to mess with the integrity of what the City Plaza actually is, and ifthere was more time, I think you'd hear a lot more people complaining about it. Urn, so that being said, you know, I do thank you for at least keeping out of the front of my business. Anything else? Thanks, Brian. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Guysan: Bailey: Savana: Karr: Savana: Page 26 Hi, Jay Guysan, just a resident ofIowa City. Urn, I guess I'm one of those people that he just spoke of, urn, you know, it seems to me like we want to try to preserve as much green space down at the Ped Mall as possible, urn. I know, you know, there are a lot of, there are a lot ofrankings you see Iowa City on and.. . about how it's such a great place to live, the downtown area's so nice, and I think a lot of that has to do with, as you said, the integrity (mic feedback) physical makeup of the Ped Mall, I mean, it is the, the public forum for Iowa City. It is the one place that people can come together and meet, and when you start taking, taking that space and urn, giving it over to private businesses, regardless of whether or not it's, you know, to serve alcohol or food, I think is somewhat irrelevant. I mean, you're taking public space and giving it over to private enterprise, and I think, you know, I think a lot of people would probably have a problem with that, urn, a lot of citizens, but uh, you know, I think if nothing else you just need to at least see what the public thinks about this. I mean, it seems to me like uh, most of the people that I've spoken to have an issue with it, so.. .that's all I have to say. Thanks. Thank you. Hi, my name is Ofer Savana. I actually own a restaurant, but I didn't come here on behalf of my business. Urn, I just heard about this thing today in the Press-Citizen, and I think like the gentleman from the Downtown Association, you should wait. I think, kind of like the Patriot Act, the worst laws are passed quickly and without any kind of discussion. Urn, what's the point of a Ped Mall space where people can go without paying.. .they don't need to buy anything to be there. If you want to sit your tush on a planter, sipping lemonade over the sandwich from home, it's great. That's why it's there. Urn, you know, business is important and livelihoods are important (cough), excuse me. My business provides livelihoods for our employees. It's good to make business for people, but the point of the Ped Mall is not to, well, I would say, it's great that there's businesses there, and I love Jim's restaurants, went there on my birthday to Mondo's (laughter), urn, but I think that the paramount importance of the Ped Mall is that it's a place where people can sit for free, whether they bought anything or not. There are, you know, why should the guy with the cart have precedence over Jim? Maybe because it's cheaper - I don't know. Urn, but I think that you'll find that this proposal is, uh, unfair to the neighbors, and extremely unpopular with the people of Iowa City. Thank you. Could I ask you to sign in, please? Sure. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Page 27 Karr: Thank you. Bailey: Other comments? Jim. Mondanaro: Jim Mondanaro. Am I the plaintiff or the defendant? I don't know yet. (laughter) Mike, I love you too. Anyway, (laughter) I think the biggest thing that is going on here with the DT A and the people that are against it is they just don't know what it is that we're doing. Uh, we don't have bar stools, and I think my reputation in the past at how I do restaurants serves notice as to how this is going to be done. We do not cut comers. Weare restaurant driven - 70- to 75% of our sales in our restaurants are food, not liquor, and when this restaurant closes its kitchen at 11 :00, we're not going to be open outside in a cocktail hour manner. We're there to create an ambiance in the Ped Mall that's greater than what it is now. Downtown is changing. It is becoming a place of cultural diversity, where we have residential springing up all over the place, and it's going to continue to spring up. We have restaurants that are going to proliferate, and how we dine and live in this city that we live in should be maturing with that, and what we're bringing to those planters is not done inexpensively, and the thing that is the risk for me is that it's going to cost me $30,000 and you guys can take this away from me at the end of maybe a 75-day run, and what I say, let me show you what we're going to do, and if you don't like it, take it away. Because you don't know until you see what we're going to do, and I think when you applaud the City Council for moving forward, when you say you can't get them to budge, well, maybe this is the step, the first step, in many steps as to how the downtown is going to redefine itself as a nighttime venue, as a place to live venue, because we're never going to be that big box retail again. That's gone. But we're going to become maybe art stores, specialty stores, and restaurants. Bars we're going to have, but you know, I've never been bar driven, and that's just not what makes me tick. I'm a food man, and I've always been a food man, and that's what I'm going to be, and if you let us do this, when we talk about green space in answer to your giving up green space, we're putting more green space in those planters than there is now. Before we vacated what was in front of Donnelly's, there was even more green space. There was never this, uh, this 'let's get as many tables in there as possible,' because we're defined by that anyway. We can only have the amount of tables and chairs that staff says that our bathrooms can handle. That's why Donnelly's can't do it. Now, if.. .but that's why we vacated to try to get along that area, so that Brian didn't have to look at tables and chairs in his, from his front window out there on the planter. So we're trying to work to make this a vibrant downtown with the addition of this dining area, in an area that's not used now anyway. We're not impeding traffic areas or ingress or egress, any more than what it is as you see it today. What we're doing is enhancing and livening up the downtown with a downtown dining This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24,2007. #9 Bailey: Beasley: Bailey: Elliott: Page 28 venue that is going to be brought forward by the Saloon. So, any questions? Thank you. Further comments? John. John again, on behalf of Donnie Stalkfleet and try not to reiterate all the comments I've heard, but you know it struck me that it hasn't happened by accident. Downtown Iowa City, in my opinion, is a wonderful venue to go to in the evenings now. And people from all walks of life, all ages, go down there an enjoy it. I was down there Friday night and it was great. There was a band playing. The fountain was going. There were kids playing, and it didn't happen by accident, and the environment that's been created down there not only by the store fronts, but the planters and the trees and the fountains and the thought that your design people put in to create that atmosphere plays a large part in what we have down there, and your ordinance, and this isn't a question about Jim's projects. His projects are amazing. I love going in to his restaurants as much as everybody in this room. They're great restaurants, but your ordinance as drafted as set forth provides the potential to dramatically change the design, the cost that's been gone into the planters, the whole venue and environment that makes Iowa City a very, very special place right now, and so I would ask you and encourage you before you pass this ordinance to really reflect on how this could change what we all in this room enjoy in downtown Iowa City. Thank you. Other comments? Comments from Council Members? I spent time over the last few days - I was the one who voted against this last week, and I spent time talking with the two main people that I thought were directly impacted. I talked with Jim, talked with Brian. My concern at that time was only about the process involved going in front of Donnelly's. That has been taken care of, and I told Mike that I would, I would be happy to expedite, if the rest of the Council wanted to move it because I think if Jim's going to do it, he needs to get it done so that he can make some money to pay for it, the rest of the time; however, since then, I've received quite a few phone calls, quite a few people have talked with me about a concept that this changes with the Ped Mall, and whether it's a legal precedent or an informal precedent, this does set a precedent about our Ped Mall, what it looks like, what it's for, how it's used, and how it appears. So I guess at the present time, 1. . .I would just kind of, uh, say to Jim that I'm not sure if! were you I'd want to spend that kind of money, because the City is paying a consultant quite a bit of money to come in here and look at the downtown area and see what changes might be made and that, among those changes might be not having anything like what is being proposed at this time, but, so... that's a financial decision you'll have to make. That's...I was against it for the reason which is now This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Page 29 been eliminated. I would simply urge caution and point out that this is going to change the concept of the Ped Mall. Bailey: Other comments? Vanderhoef: I voted for this ordinance last time, and then I, uh, spent two and a half hours down on the Ped Mall last Friday night during the concert, and sort of listened and watched how the crowd moved, where they sat, where they congregated, the ones who chose to sit further back from the microphones, the ones who wanted to be right up by the fountain, and I tried to vision how that, uh, particular amendment to the Ped Mall might look, and the more I thought about it, and the more I thought about the activities that do happen down there, and the number of people who chose to sit on the edge of the planter while they're eating a sandwich and.. . and enjoying the outdoors during lunch hours and so forth, I would entertain deferring this completely tonight. Otherwise, I will vote against it tonight, but I really want to hear from more people. Some of you don't have the copies of letters that we received since the packet was produced. We have a half dozen or so, uh, new emails, objecting to the idea of expanding out into the Ped Mall, and I truly want to hear from the Downtown Association and the rest of our constituents who use the Ped Mall. O'Donnell: Yeah, I think our letters were generated by an article in the paper and it talked about like 325,000 different kinds of vodka or tequila, and it didn't mention how many items to eat were on the menu. Urn, I've heard tonight that this particular owner downtown sells 70 to 75% food. I think we change the complexion of the Ped Mall when we added sidewalk cafes. You know? We have changed that, we've added those. Urn, I don't know. This is not a permanent thing. This is a trial period, like the taxi cab stands were, and the (can't hear). I'm sure everybody remembers those. I'm certainly for, for giving this an opportunity. Let's see ifit works, urn, you know, I'll support it. Champion: I'm going to support it. I don't think a business should be in front of another business. I frankly don't think most of our planters are very beautiful. I think most of them aren't attractive at all, and I know Jim is going to make this planter very attractive, and I'm looking forward to that. So I, I hope there are enough votes to carry this forward, urn, it's a trial. You know what? I've changed my mind before, I've often changed my mind, and maybe next spring I'll change my mind, but I'm willing to give it a trial. Correia: Well, and I've changed my mind since the last meeting, and part of it is that, that thinking about the green space. I mean, I appreciate and think that the plan is beautiful, but then when I look at all the different planters that we have, I mean, I. . .I like the planters that we do have, and whether This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Page 30 there's a difference of opinion on whether we think they're beautiful or they're not beautiful, I mean, it is green space and I don't have to worry about the getting into a situation where more planters are, are, uh, turned into cafes, and you don't have, it's not as comfortable to sit on the bench with a sidewalk cafe behind you, I, you know, sit on the planters waiting to get into a restaurant when it's full, and I just.. .I'm just not sure. I love the sidewalk cafes, I like that they're right adjacent to the building. I think that adds tremendous amount to our downtown. We did get nine letters in our packet, urn, and while some may be in response to misinformation, which is unfortunate, some were definitely related to green space, urn, considerations in the Ped Mall, urn. Bailey: Dee expressed interest in deferring. Is there other interest in deferring? I would certainly be interested in deferring this, urn, indefinitely. Karr: Motion to defer. Vanderhoef: I will make that motion to defer, uh... Karr: Indefinitely? Or to date? Vanderhoef: Uh, what's the pleasure? Bailey: Indefinitely would probably be the... Elliott: I think we need to understand that if we defer, this probably makes a significant decision for the person bringing this forward, because if we defer, he's not going to have it up enough time this summer to make enough money to pay for it, when there's at least a possibility that it would not be approved for next year. Vanderhoef: Okay, I will move to defer indefinitely. Bailey: Need a second for that. Well, I'll second it. We can certainly have a special meeting, just to further this discussion. There seems to be some concern about getting further public input, and I think that that would alleviate some of the concerns. O'Donnell: Well, rather than defer, why don't we just go ahead with the second consideration, and then we have a third. We don't have to collapse it. Vanderhoef: There's the possibility it would be a 3-3 vote and kill it totally. Bailey: So, motion to defer is on the floor. Further discussion? Roll call. Karr: No, it's a motion. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #9 Page 31 Bailey: Motion, okay. All those in favor of deferral say aye. Those opposed same sign. Okay. Elliott: I didn't say anything. I'm not sure what to do at this point. Bailey: Okay, raise your hand if you would like to defer, so the Chair can see how many are deferring. Dilkes: Three. Elliott: I guess. Bailey: Four; Okay. Opposed same sign. Dilkes: Four to defer indefinitely. Bailey: Okay, so motion, or the ordinance is deferred. All right. Karr: Motion to accept correspondence. Vanderhoef: So moved. Correia: Second. Bailey: All those in favor say aye. Urn, given that we've deferred Item 9, we need to defer Item 10. Karr: 10 and 11, if you'd like. Champion: I'd like to. . . Bailey: We will take these together, 10 and 11. Champion: Before we decide on this, I mean, I know we've already decided, but.. .never mind. I'm not going to say it. Bailey: We will take 10 and 11 together. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #13 Page 32 ITEM 13 CONSIDER A RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). O'Donnell: Move the resolution. Champion: Second. Bailey: Moved by O'Donnell, seconded by Champion. Discussion.. . and we have staff members here if you would like to hear more from them tonight. Discussion? Correia: I'm not. . .I mean, we had discussion yesterday, I'm not going to be supporting this resolution. I appreciate the intent from our Housing staff and the intent that HUD had in putting this policy, the possibility of using this policy for local Public Housing Authorities in place, urn, however, I think the size of our Public Housing stock, really doesn't fit what HUD is trying to do with this policy, allowing Housing Authorities to do.. .I'm very supportive of comprehensive policies looking at needs of neighborhoods that involve police participation and community policing or substations, that sort of thing, and so I look forward to the possibility of, uh, developing some type of comprehensive neighborhood development plans in neighborhoods that the Housing Authority has identified as needing some community vitalization, or neighborhood development. Champion: I am going to support it. We may not have the number of public housing that would, that was intended, but we certainly have the number of police calls at certain areas in town, and we repeatedly hear from citizens that live in these high police-call neighborhoods that they want more police protection, more police, and I think the sight of a police car in somebody's driveway and the sight of the police in uniform and the sight of somebody knowing there's a policeman in the neighborhood, and he's not in uniform, or she's not in uniform, is a very valid thing to do, and I think it's a great idea. O'Donnell: I too am going to support this. Like I said last night, uh, having a police officer live in your neighborhood is a good thing - not a bad thing. We were advised by our staff who has fielded many, many calls about people's concerns for safety in their neighborhoods. So this is a, I think this is a very good thing to do, and certainly a step in the right direction. Vanderhoef: I'll be supporting this, urn, also. I think this is worth a trial run. I think it has possibilities, creating better public and participation in and letting them feel comfortable with approaching their police officers, rather than having to make a formal call and certainly, uh, the Housing Authority This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24,2007. #13 Elliott: Bailey: Page 33 doesn't need to be fielding calls that have to deal with the, uh, safety or the perceived safety of their neighborhood where they live and are raising their families. This is, uh, a month-to-month lease for this officer, whoever it might be, and a one-year at least trial to see how it goes, is worth trying. We have done a number of things as a city to promote activities and services for people in some of these neighborhoods. We have neighborhood centers that we have supported. We have supported activities in our schools, in our gymnasiums, to make sure that there are recreation areas for these young people, that sometimes don't have transportation and chose to spend a lot of time out on the streets and congregating. So I'll happily support this, and I would like to see a review of it in one year. I like the program. I'm very much in favor. I did indicate to another Council Person that I would not oppose a move to defer, but I see no strong support so.. .but I think this is a very good program. I see no possible downside to it. I see possible positive effects, and I'm very much in favor of moving forward and I will be supporting it. I won't be supporting this this evening, and that's not a reflection on staff at all. It's a reflection more on how we've behaved as the Board of the Housing Authority. I think we've been neglectful in our duties, recognizing that there's a problem, and I think that this goes too far to address this problem. I think we need more comprehensive solutions, urn, and to use the capacity of the City, our Parks and Rec, our neighborhood services, and join together to develop a fully flushed out plan to address some of the concerns in this neighborhood, and until we move in that direction, I can't support this, this single answer to addressing the issues in the neighborhood, but I do appreciate your concern, Deb, particularly for our tenants in public housing and for this neighborhood, and it's certainly not a reflection of your work or your concern for the neighborhood. Okay. Roll call. Item carries 4-2, Correia and Bailey in the negative; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #14 Page 34 ITEM 14 CONSIDER A RESOLUTION APPROVING FUNDING FOR LA REYNA, INC. FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Champion: Move the resolution. Correia: Second. Bailey: Moved by Champion, seconded by Correia. Discussion? Correia: Well, I think this is very exciting use of these funds. Urn, this is a, a fun restaurant and grocery store on the southeast side of town on Keokuk Street, urn, we've eaten there, the food is delicious, the atmosphere is wonderful. I'm really glad that the Economic Development Committee was able to support this through the CDBG Economic Development Fund. I'm excited to see the expansion and the retention of this business in Iowa City. Bailey: Alex, one of the business owners, is here. Did you care to make some comments, Alex? Castilo: Alex Castilo, representing La Reyna, urn, and on behalf of my family and everyone at La Reyna, I'd just like to express my gratitude for not only your consideration, but the dialog that just took place. Urn, my family's not unlike many other small business owners. I mean, they're very special to me in that I've seen this go over the course of the last 20 years for my mother, but urn, again, I just want to express my gratitude. Thank you. Bailey: Thank YOU. Other comments? Elliott: I hope very much that this enterprise succeeds. I will be voting against it only because of the unsecured nature of the loan. Urn, my views on that might change in the future, but at the present time, that's my reason. Bailey: Roll call. Item carries 5-1, Elliott in the negative; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #15 Page 35 ITEM 15 CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE COURT HILL TRAIL PROJECT. Correia: Move the resolution. Champion:. Second. Vanderhoef: Second. Bailey: Moved by Correia, seconded by Champion. Discussion? Correia: This provides trail connection, is that right? Vanderhoef: This is a huge trail connection. This is one I have wanted for years, and I thank Council for putting it on the work plan and Capital Improvement Budget for this year. Bailey: Roll call. Item carries 6-0; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #17 Page 36 ITEM 17 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT. Vanderhoef: Move the resolution. O'Donnell: Second. Champion: To award the contract to... Bailey: To Geisler Brothers of Dubuque for a total of $31 0,000. . . $31 0,542. Elliott: Sounds like a brewing company. (laughter) Bailey: It was moved by Vanderhoef, seconded by O'Donnell to award this contract, and I understand from last night's discussion that Geisler Brothers has expertise in dealing with adhesive that we wanted used in this project, so this is a good bid. Engineer's estimate was $328,000, so it's a bid that comes in below estimate. Roll call. Item carries 6-0; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #19 Page 37 ITEM 19 CONSIDER A RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2007 UPDATING OF RATES FOR BASIC CABLE SERVICES. Vanderhoef: Move the resolution. O'Donnell: Second. Bailey: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Correia: I forgot to ask this question last night. Is this.. .what's the percent of increase? Helling: It's actually a decrease. Vanderhoef: . . . decrease. Correia: Okay, the rate is $11.81 so they're.. . so that's what they've been at? Helling: Yeah, it was $11.81. Yeah, the maximum rate has actually gone down according, consistent with the formulas they've employed over the past four or five years. Correia: Okay. Helling: This is an annual review of this, and it's all based on FCC formulas that they have to use with calculations. Correia: Okay. Bailey: So, for the public information, this is a decrease from the maximum permitted rate last year of $11.81 for basic cable, to $11.55 per month for basic cable service. So, I'm surprised that you didn't rush to move this. Roll call. Champion: I think we all thought it was an increase. (laughter) Bailey: Item carries 6-0; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #21 Page 38 ITEM 21 CONSIDER A RESOLUTION APPROVING FIRE AND LIFE- SAFETY IMPROVEMENT LOAN PROGRAM FOR EXISTING A- 2 AND B OCCUPANCIES WITH AN ALCOHOLIC BEVERAGES DIVISION LICENSE (ABDL). Champion: Move the resolution. O'Donnell: Second. Bailey: Moved by Champion, seconded by O'Donnell. Discussion? Elliott: This enables the concept to come back with specifics, is that correct? Dilkes: Well, the specifics are in the resolution and it authorize staff to implement that loan program, so you won't see those individual loan agreements. Elliott: Okay. I guess I didn't even see that. Dilkes: Yeah, that's.. .how it's.. .yes. Elliott: Okay, thanks. Bailey: Other questions or discussion? Go ahead, Amy. Correia: So we're going to bond for this million dollars, or are we going to use reserves so that we're not... Atkins: I would probably suggest reserves right now, given the nature of.. . our water reserves are solid and... Correia: So we're not having to pay it back. Atkins: Yeah, urn... Correia: . . .on the subsidy. Atkins: I don't want to preclude an.. . the bond market really may be great at the time we put this thing together, but generally speaking intended in the water reserves. Vanderhoef: But we do pay if we borrow from water reserves. Correia: We repay ourselves, but we're not paying interest. Vanderhoef: Yes we do. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #21 Page 39 Atkins: No, we charge ourselves interest. Elliott: But it's one pocket to the other. Atkins: Yes it is, but it, it's the.. . and the intent of the policy is that we would be using, we would have those monies invested at a certain rate. That's current rate. Vanderhoef: But we pay back. Atkins: And then we pay ourselves back at that particular rate. And it varies every year. It's.. .it's sort of a disciplining policy that makes sure that we don't lose opportunity to (unable to hear). Bailey: Other questions or comments? Roll call. Elliott: Thanks, Eleanor, I had just missed the specifics on that. Bailey: Item carries 6-0; Wilburn absent. Dilkes: Just to remind you, as you know, if you talk to people about this, the only thing I could see that we would have trouble with with any particular person or company, business, would be the security issue, because it does require security. So... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. m p~~ ITEM 22 CONSIDER A RESOLUTION APPROVING SETTLEMENT OF CLAIM. Bailey: (reads Item).. . for the sum of$29,654.82, urn, payable to Bob and Heidi Thunhorst. O'Donnell: Move the resolution. Champion: Second. Bailey: Moved by O'Donnell, seconded by Champion. This was something that was determined earlier in Executive Session for the information to the public. Further discussion? Roll call. Item carries 6-0; Wilburn absent. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24,2007. #25 Page 41 ITEM 25 COMMUNITY COMMENT (IF NECESSARY) (ITEMS NOT ON AGENDA). Bailey: In an unprecedented move we actually have Item 25; somebody interested in community comment, and how could I refuse. Sir? Lehman: Thank you, Mayor Pro Tern. I was unable to be here at the beginning of the meeting, having had another meeting, so I thank you for this opportunity, but I really came to speak with the City Manager. I understand this is your last meeting. Bailey: Sir, you need to state your name for the record. Lehman: (laughter) I'm sorry! I sat up there for so long, I forgot.. . Ernie Lehman. Bailey: Thank you. Lehman: Iowa City. (several talking, laughter) On behalf of myself, and I think many, many people in this community, Steve, I want to thank you for 21 really, really great years. Urn, and I'm sure you're going to be thanked informally and there's going to be receptions and all that sort of thing, but I think someone should publicly tell you that your respect for the Council, which I was amazed during my 12 years, we had Council People that even we didn't respect, but Steve always showed the greatest respect for the Council. He was as nonpolitical as you could possibly be. You surrounded yourself with the finest group of people you could ever hope to have, and I think you really set the bar for Iowa City, so I thank you, and I'll see you at one of those receptions. Thank you. Champion: Thank you, Ernie! Bailey: Thank you, Ernie! Atkins: Thank you, Ernie. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #26 ITEM 26 Bailey: Correia: Helling: Correia: Atkins: Correia: Atkins: Correia: Atkins: Correia: Atkins: Bailey: Champion: Bailey: Atkins: Bailey: Page 42 CITY COUNCIL INFORMATION. Amy. I have a few items. Urn, there was correspondence in the agenda about, urn, it was IF7, or maybe it wasn't the agenda, it was the info packet, about benches being removed from the Old Capitol bus area, urn, the Old Capitol Town Center where people wait for the bus, there's urn concern about benches having been removed, and so urn, folks don't have a place to sit. Yeah, we'll follow up. I'm not sure exactly what they're talking about. Okay. Urn, and then the other thing I was wondering about, maybe a month ago we had voted to create a housing trust account, this.. .sale of some land that was. . . $14,000 from the sale. So is that, I'm just wondering. As far as I know, it's done. Okay, so is that.. . We'll make sure tomorrow for sure. Is that a line item in the... It's a trust account. You set it up as a separate trust. You deposit the money in that particular account, and it's just there. We would not see it during the budgeting process, unless you specifically.. . either one, we'd recommend the use of those monies for something, or you as a Council Member would say, status of that trust account. I'll check and make sure. That it? Connie. This Council Member will miss you. (laughter) What did she say? I think in the vernacular, it's called she's busting my chops. (laughter) Mike. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #26 Page 43 O'Donnell: Well, I want to echo what Ernie said, uh, I sat here for so many years with Ernie that urn, we agreed on most things, and I supported his right to be wrong, but Steve, thank you for making Iowa City a better place to live. Atkins: Thanks, Mike. Bailey: Dee. Vanderhoef: I'll be out of town for your, urn, retirement on Friday. I haven't been in to see you because I didn't want to do this. I appreciate the support you have given this Council, and to me personally, and the things that you have done for our city, and I wish you the very best in your next career for the rest of your life. Elliott: I have a question and an observation. Question, Big 10 Rentals that purchased St. Pat's, is that out of Wisconsin? Isn't that the outfit that purchased St. Pat's property? Helling: I think it is. Elliott: Okay. Could somebody communicate with them? I've had a couple calls about the mess that is there, portions of the foundation, weeds growing up, and somebody needs to do something, unless they're going to start construction right away. So, if we could... Helling: I had a similar complaint today. Elliott: I'd appreciate that. Secondly, after everything that has been, will be said, and everything that is left unsaid about Steve, urn, I've told you personally in private how I feel about you. Champion: Was it good or bad? (laughter) Atkins: I promised I wouldn't tell. (laughter) Bailey: Okay. Well, this is your final meeting, Steve, and we really did want to do something special to acknowledge your service and your leadership for the community, so I'm really proud to announce that at our August 21 5t meeting, which you won't be here, but I encourage you to tune in, because they're so entertaining. Urn (laughter) that we will be considering a resolution to officially name the drive in the entrance of the Iowa City Treatment Plant "Atkins Drive" and that as that area develops, hopefully some day with the Joint Emergency Communication Center, as well, that the citizens of Iowa City will be reminded of your commitment and dedication, and your service to the best city in Iowa. On behalf of the Council, thank you and personally, thank you very much, Steve. It's been This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007. #26 Page 44 wonderful to serve with you. That said.. .City Manager, do you have any comments? Atkins: You know when you have these kind of circumstances you try to rehearse in your head, that I'm going to come out with some pippy comment, that's just going to be.. . capture the moment perfectly. It ain't going to happen! (laughter) We're not going to make it. Selfishly I look at the 21 plus years and the 30 plus years that I've been a City Manager, and I can say I feel good, I really feel good. It's been a good run. Urn, I'm going to miss it all. Now the question is, what is it? And you know, to the folks who have never sat up here, it's tough to describe. I mean, we've all experienced the frustrations, we've also had that exhilaration of when something really comes together, you just feel so good that you were a part of it and it's something you'll tell your grandchildren about. Marian? Okay. Thank you. I want to thank all of you, and that means everybody, I mean even those that gave me hell on a regular basis. That's all part of what this is all about. That's democracy. Someone said it ain't very pretty, uh. I'm going to miss it - "it" - I'm not sure what it is. Marian, Eleanor, you guys, Dale, you're the best. That's it. Thank you. O'Donnell: Thanks, Steve. Bailey: City Attorney. Dilkes: I just have to say that in city lore as you go to places where city people congregate there are many horror stories about awful relationships between city managers and city attorneys (laughter) and I, you know, Steve and I have just had a really nice relationship, and one of mutual respect, and I have really appreciated that and it's made the ten years great. Bailey: City Clerk. Okay. Atkins: Shall we say for the public, it's just short of 2,000 Council meetings. Bailey: Wow, and you'll miss it. Atkins: And I'll miss it. (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of July 24, 2007.