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HomeMy WebLinkAbout2002-12-10 Transcription#4 Page 1 ITEM 4 PUBLIC DISCUSSION Lehman: We're going to do this a little bit out of order. We're going to item 2 after the consent calendar because all of our young folks are not here yet....That went so fast that we're going to public discussion and then do thc citizen awards. This is the time reserved on the agenda for folks who would like to address the Council on items which do not otherwise appear on the agenda. So if you'd like to speak with the Council please sign in, give your name, address and limit your comments to five minutes or less. Deborah Schoenfelder: Good evening. I'm Deborah Schocnfelder from the Senior Center Commission. Do you want me to talk slowly and take up some time? Lehman: Actually no. Schoenfeldcr: Okay. We'll do. I'm going to report on the Senior Center Commission meeting last was November 19th. And first of all we're going to be electing officers for 2003. We'll be doing that at our December meeting next week. The rest of thc time was spent talking about budget fiscal year '04 particularly. In November there were four participant budget meetings held meaning that there budget meeting in which participants were invited to come and share views about how we could look at the shortfalls for the Senior Center. There were various ideas thrown out and discussed at these four meetings. And let's see - there was a little under 100 people in all that came to these various meetings. Jay Honohan was there - our Chair - as well as Linda Kopping. They've put together those notes on those ideas. They have been forwarded to the participant advisor committee and then we will receive recommendations from then. Along with that then the rest of our time - and we had a four hour meeting that evening and also the week before we had a four hour meeting - where we looked at where we wanted to go from here. We decided as long as we needed to talk about budget and how we were going to try and meet those budget needs we might as well be looking at the Senior Center again what we want to vision long-term goals as well as short-term trying to take care of the budget shortfall. So we had some very fruitful discussions about how we want to attract new people to the Senior Center. Even the pre-elderly if you will - baby boomers - as well as retain those people that have been coming. And then a good deal of our time was spent on budget solutions. I'll just give you a very brief summary of that then. First of all we're seriously considering membership fees for the Senior Center. And what that will be we don't know yet. Anywhere from a few dollars a year was recommended upwards to over $100 a year. So we're going to continue to work on that. Class fees are also a very possibility that we This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 Page 2 might be instituting as well. Some other ideas were perhaps a pledge drive of some sort, establishment of a foundation and those are just a few examples of solutions that we're looking at. So what's happening from here from these meetings is that we recommended that the Staff do a written proposal to us that I believe will be coming some time this week to each of the Commission members. And we're going to be taking a look at that giving feedback on that. And also we're going to be getting that feedback from the participant groups - putting that together to come up with a recommendation. And then it will be going through all the channels that it needs to go through. So we still have a lot of work to do, but we're continuing to look at what are reasonable options. We know we can't make everybody happy with whatever decisions we make. But we're doing our best to try to continue to make the Senior Center inclusive and yet viable so we continue at the high level that it's been at. Champion: I know you...go ahead. Lehman: I'm sure I speak for the Council. We really appreciate your efforts. Four hour meetings...that's work, that's hard work. Schoenfelder: Yeah. Lehman: The Senior Center is such a tremendous asset to this community and the efforts that you folks are putting forth are appreciated. Schoenfelder: Thank you. We appreciate that. It has been a lot of work. We have taken advantage though to look at our visioning. It's been a good time to do that. That's a wonderful center. Some times I think we take it for granted, but we always need to be looking in the future. What's the next cohort of elderly going to look like? What are they going to want? And so we need to continue to look at that too. Champion: I know that you approached North Liberty and Coralville about donating...not donating giving a stipend, have you heard back from them at all? Schoenfelder: If we have I don't have that in my notes and I can't remember what Jay said about that, but I know that we were going to be getting some feedback about that. Yes? Kanner: This has been raised before, seeing as Heritage Agency and Elderly Services took over Senior Dining from Johnson County Johnson County I think in part felt that they were getting free rent in return for the payment they were making, but we're losing out we're getting cut back from Johnson County. Have you approached Heritage Agency and Elderly Services for rental payments for the space in the Senior This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #4 Page 3 Center that... ? Schoenfelder: That's been discussed. I know it's been discussed. I don't know if they've been approached. I know you've asked me that before when I was here. So I know that we have taken that back to the Commission. Whether or not they've been formally asked for rent I don't know. But believe me we are looking at every possible option and that's one of those that we talked about. Kanner: Yeah it seems it was somewhat ora hostile takeover. Johnson County was not too thrilled by it, but at least initially it was my understanding and as a former worker there I had some insight I think. So it seems that it would be worth asking them for some fees for the space. Schoenfelder: Well yes and again I don't know if that's been asked, but it is being considered. It's one of the considerations. Lehman: Thank you. Atkins: Deborah, Deborah? Just curiosity question. What is a pre-elderly baby boomer? Schoenfelder: Are you worried you're there? Atkins: I'm just wondering. He's tapping me on the shoulder. Lehman: Hey. He's invited too. Schoenfelder: Well the Center is open actually to the public, but we talk about 50 plus and those are definitely pre-elderly. Atkins: Okay. That's... Lehman: You're in Steve. Atkins: I'm in. Vanderhoefi Aren't you lucky. Join the rest of us. Lehman: Thank you. Schoenfelder: Thank you very much. We appreciate your continued support and interest in what we're trying to do. Pfab: Can I make a comment? I know that the Senior Center is looking at expanding and even possibly changing the name. Schoenfelder: Yes. We did talk about that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #4 Page 4 Pfab: And one of the things that it may eventually end up to be is a community center. Schoenfelder: Yes. We're actually very seriously considering changing the name too. As you can imagine that we have people coming down on both sides of that as well. And again I don't know who will be happy with what. We have people that talk about the negative aspects of Senior Center. I work in gerontology and I don't see it as negative at all, but we're going to get many different views on that. So that's something we continue to discuss as well. If you have an idea, fly it by me and I'll send it on. Lehman: Good luck. Schoenfelder: Thank you. Lehman: Thank you. Charlie Funk: I'm Charlie Funk and I live at 4779 Dryden Court in Iowa City. And I will read if it's okay with you from prepared remarks and then distribute the remarks to you at the end. (Reads statement). Lehman: Thank you, Charlie. Champion: Thank you. Lehman: It will be on our agenda for the next meeting which will be the second week of January. Funk: Thank you. Kanner: Charles, was that a poll from registered voters or all citizens in the district? Funk: There were two polls. The poll that was done...that was commissioned by the Chamber of Commerce was a poll of- I don't recall the exact number, but I want to say 400 or 500 registered voters. The poll...the second poll was done by Professor Redlosk at the University and that was done on Election Day and that was an exit poll. So those were the two polls that have been done thus far. Kanner: Thank you. Lehman: Thank you. Funk: Thank you. Lehman: Will you just give those to Marian and she'll give them to us. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #4 Page 5 Karr: Do we have a motion to accept correspondence? Wilbum: So moved. Pfab: So moved. Lehman: Moved by Wilbum, seconded by Pfab to accept correspondence. All in favor? Opposed. Motion carries. Anyone else wish to address the Cotmcil on issue that does not appear on the agenda? Okay. Karmer: One mom. Did you want to speak? Lehman: Okay we're going back to item number 2 which are the Outstanding Student Citizenship Awards. Kanner: Did you come especially to speak? This is the only opportunity to do that. Julie Spears: (Can't hear). Champion: No, they're going to talk about it. Kanner: On what? Spears: Is this is the public comment period? Kanner: Yeah. ??? Item number 4. Kanner: We're on item number 4 right now. Champion: No, no. Kanner: We're on item number 4. We skipped ahead a bit. This is your only opportunity for public. Lehman: Your opportunity will occur as soon as we finish with the student citizenship awards. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #2 Page 6 ITEM 2 OUTSTANDING STUDENT CITIZENSHIP AWARDS - Horace Mann Elementary Abdullah Awad, Ivy Hayward, Lucie Mulligan, Cooper Tonning Lehman: If students from Horace Mann would come forward please. Kan': Mr. Mayor, tonight the Horace Mann students will be presenting paragraphs about each other. So as the student reads to paragraph the person that is being talked about will step forward. Lehman: Normally I get together I only have three grandkids. But it looks to me like I really got four tonight. So what I'd like you to do is state your name and then read your paragraph if you would please. Cooper Tonning: I'm Cooper and I'm reading for Abdullah. Abdullah is a good student in Mr. Kemp's class. In his free time he likes playing outside with his friends and building huts in the forest of Hawkeye Drive. His mom is getting her Ph.D. in molecular cell biology. His dad is an electric engineer. Abdullah's favorite sports are tennis and soccer. He has three sisters. One is in pre-school, another is in first grade, and the other is in third. He is a good friend to everyone. At home he does first year algebra and 7th grade math at school. His friends and classmates voted for him because they knew he was honest and trustworthy. Champion: Good. Ivy Hayward: My name is Ivy Hayward and I'm reading for Lucie Mulligan. Lucie Mulligan is a friend to all, boy or girl, fifth, sixth or seventh grade. She plays violin in the Eastside Orchestra. She likes to play with friends at recess and sit with friends at lunch. She is a very friendly person and fun just to be around. Lucie is a sixth-grader in Miss Taylor's class. Lucie is in the Horace Mann book club and chess club. She likes reading Harry Potter for example. She also plays the piano. Lucie is a lover of guinea pigs and is proud to be here. Champion: Wow. Lucie Mulligan: I'm Lucie Mulligan and I'm reading for Ivy. Ivy is a fifth grade student in Mr. Kemp's class. She plays cello in the Eastside Orchestra. She is also a member of the Iowa City Girl's Choir. She is a good student who is hard-working. She is able to work with all kinds of students. Her favorite subjects are art and reading. Ivy is a member of the Horace Mann book club. Ivy is kind to everyone and is pleased to be here. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #2 Page 7 Abdullah Awad: Good evening. My name is Abdullah Awad and I'm speaking for Cooper. Cooper is a fine student in Mrs. Mulligan's fifth and sixth grade class. He likes sports especially baseball and basketball. Cooper enjoys playing the saxophone and is in a band at school. In his flee time Cooper enjoys reading and writing. His mom is a secretary at his school while his dad is an executive chef at Piacchi's and Italian restaurant in Cedar Rapids. Cooper's favorite books are the Great Escape and The Slugger's Club. His favorite subjects in school are science and lit studies. Cooper has two sisters - one in junior high and the other in high school. Cooper is an excellent friend and helper. That's why his classmates voted for him and gave him the honor of being here tonight. Champion: Wow. Lehman: Usually our students read about themselves, but this is really neat that you read about each other. And obviously you're proud of each other. There are another group of folks out there and I see them standing across the back - they have cameras, they have camcorders and whatever. But parents are very, very proud and I know - I can say - Council gets really sick of hearing me say this, but no one is prouder of you than your grandparents. I can tell you that with absolute certainty. And so is your City Council. So we have certificates for you. We'll read what they say: "for outstanding qualities of leadership within Horace Mann as well as the community and for sense of responsibility and helpfulness to others we recognize these students as Outstanding Student Citizens. Your community is proud of you. Presented by the Iowa City City Council." Thank you very much. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #4 Page 8 ITEM 4 PUBLIC DISCUSSION (continued) Julie Spears: Hi there. Sorry about that confusion. My name is Julie Spears. I'm here tonight as a member of Board of Hawkeye Area Civil Liberties Union and we just had a very successful fundraiser today at Tai Flavors which is a wonderful resource for our community. And I just wanted to take the opportunity tonight since we had Ben Stone the Executive Director of the Iowa Civil Liberties Union here with us today to have him come up for a moment and address the Council to let the Iowa City community know what type of resource we have with our Iowa Civil Liberties Union here for the Iowa City community and for the State of Iowa. Ben Stone: Thank you. I'm as surprised to be here as you probably are to see me. This is really great. It's only a few blocks away and I'm really pleased to be here. I am Ben Stone. I'm the Director of the Iowa Civil Liberties Union and really the reason I came was because the Hawkeye area chapter is involved in putting together a proclamation resolution involving this Council and the issue of the U.S. Patriot Act. Some of you may have heard that in various communities around the country - a dozen so far - local councils have adopted resolutions or proclamations that have basically expressed the sense of their communities regarding the U.S. Patriot Act and whether or not it has provisions in it that were ill conceived and that should have not have been passed by Congress at the time in the haste after the grieving and the fear of September 11th, 2001. And I would really hope that this body would seriously consider the merits of taking that proclamation and considering it. We're hoping that Iowa City may be the first city in the State of Iowa that would have such a proclamation that would help send a message to the Federal government that citizens of this country do cherish the Bill of Rights and their freedoms. And mainly just that if we're going to be asked to sacrifice in the War on Terrorism we just would like to certainly have those sacrifices discussed and that there would be serious consideration of whether or not the changes or the privacy invasions are warranted and would make sense in the War on Terrorism. Because one thing we've found is that a lot of the things that were in that law - that have been signed into law - there were no hearings, there was really no debate. Many people who voted for the law did not even know it was in the law and they called the ACLU office in Washington to ask what was in it after they voted for it. Hopefully with time this country can maybe reign in some of the provisions in the U.S. Patriot Act that are too extreme in terms of giving power to the Federal Government. And we would just certainly hope that the City Council would seriously consider those when they're brought to you I believe in January. And I would note that you received apparently a petition from 11 individuals that...that's not us it This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #4 Page 9 was somebody else I guess. So there's other people involved as well. Lehman: Right. Stone: Thank you very much for your time. Lehman: Thank you. Pfab: I believe I saw something on the Intemet today that I think 14 cities across the nation have already passed resolutions. Stone: Thankyou. That's more recent than I've seenlately. Thank you very much. Lehman: Thank you. Brett Castillo: Actually first I'd just ask would you want commentary at this time on issues unrelated to issues 9 and 107 Or would you rather...? Lehman: If you have comments that are related to 9 and 10 that's when we will accept them. Castillo: Yeah. These are unrelated to items 9 and 10. Lehman: If you have comments that are unrelated to any agenda item now is the time to make those comments. Castillo: Okay. Very good. Lehman: As soon as you tell us who you are because not all of us know. Castillo: My name is Brett Castillo, a resident here in Iowa City. The reason I wanted to speak - partly I came tonight because I figured there would be some representatives here from Mediacom. For the last several weeks - actually several months - I've been participating in the on- line discussion forum among users of Mediacom cable modem services. I understand the City does not have franchise authority over the cable modem services, but still I think the Council as well as representatives of Mediacom should be aware of some of the ongoing issues with service in Iowa City. I know that this did come up, I believe, at the last City Council meeting as well where they stated that only one node was currently over utilized in the City. We actually with the group I've been talking with we have some people that have technical expertise to look at what's been ongoing with speeds and other issues and they're at least... Kanner: With what? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #4 Page 10 Castillo: With speeds - with upload/download speeds, with the latency, and even outages lately. There's definitely problems over in the Westgate area. There are several people encountering problems downtown near Clinton and Washington. There have been recent problems over in the heavily student populated area between Dodge and Johnson. Some of that's been alleviated by some recent work, but there still are problems there and also south of Bowery Street. And each of these are independent areas although north and south of Bowery may be connected. And that's partly what the different users of Mediacom I've spoken to and I asked some to try to show up tonight but I told them they should get here by 8:00 for item four. As we'd like to have more information coming from Mediacom there's no information about when it is over-utilized. When people call them about problems with cable modem service they aren't told what the source of the problems are - often times it's actually blamed on their own in-house wiring - which some times that is the problem, but there's really no way to know since they are the ones that know how those nodes are being utilized. I believe next year or two years the franchise agreement will come up to negotiation again. And I'd like to possibly see that used as leverage to put some pressure to...for them to both add Interact service upgrades along with the T.V. upgrades and also to be a little more open with where there's problems and acknowledge that there are problems that need to be fixed. Lehman: I would suggest if you could put those thoughts down in writing and submit them to Dale and perhaps the...what is it - the Cable Commission...I don't know what can be done, but I think that's the place to start. Castillo: Yeah. I've actually spoken with a few members of the Cable Commission before. Helling: Yeah. The meeting the gentleman was refening to was not your meeting. It was the last meeting of the Cable Commission. Lehman: Yeah. Castillo: But there's some concerns they said there was just the one over- utilized node when there looks like there a pattern of other problems as well. Champion: Thank you. Lehman: Thank you. Kanner: Is that in flux, Dale, from the Feds as far as any kind of oversight over that medium? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #4 Page 11 Helling: Yes. The issue that the FCC has addressed is whether or not this type of service is cable related - I'm speaking in technical terms - but whether it's a cable service or whether it's some other type. And the FCC's latest ruling is that it is not a cable service and so there is and issue to be resolved as to whether or not local authorities would have any regulatory authority over a high-speed Intemet service. Pfab: Dale? Lehman: Okay. Pfab: I believe there's two issues. One is whether we have authority over or whether them are franchise fees connected to what the City can collect. Helling: Well one involves the other though. We can't require franchise if we have no authority to regulate. Lehman: Okay. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5b Page 12 ITEM 5b PLANNING AND ZONING MATTERS b. An ordinance rezoning 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM-20/OSA/OPDH) for property located Northwest of Highway 1 and Ruppert Road. (REZ02- 000018) (1) Public Hearing Lehman: (Reads item). Public hearing is open. Joe Holland: Almost. Lehman: You just made it. Joe Holland: Thank you, Mr. Mayor. My name is Joe Holland. I'm an attorney hem in Iowa City and I believe I know most of the Council Members. I've been here before to speak about various things. I want to talk a little bit about the Calloway project. I'm here on behalf of Southgate Development. A few months ago Southgate proposed a project not just similar to this project located on South Gilbert Street in Iowa City. I was not involved in that project and I'm not involved in the Calloway project so I've really come to this pretty much with a blank slate, no preconceptions about this other than what I read in the media. I have read minutes of various meetings - Planning and Zoning Commission meetings and Council meetings and some staff reports. I am not here tonight to speak in opposition of this project. I want to make that clear right at the outset. Everyone who develops property in Iowa City from smallest landowner to companies like Calloway and Southgate want to have a level playing field when they come before the City - that is the process will be the same and the same commonalities in projects and concerns and receive the same consideration from the City Boards and Commissions and from the Council and the same opportunities for public input. I'd like the Council to consider a comparison of the two projects and if I'd might I have something I'd like to give to you. And ifI could ask I'd like to have those made a part of the record of the hearing. I did give a copy to the City Clerk. I'd like you to think about a few of the factors that are involved in this because there is a desire and drive for projects like this in Iowa City. You can see that from the fact that within the space of a few months you've had two projects which are intensive land use in high development. Calloway is a smaller site than what was proposed by Hammond on South Gilbert, but it's developed even more densely - far more densely. There are more units, there are more units per acre, there are more bedrooms per acre, there are more potential tenants in that projects on Highway 1 than there were on South Gilbert Street. As I followed this This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5b Page 13 I've been a little concerned that some of the issues that are considered on South Gilbert Street and some I would think which probably were fatal to that project I haven't heard discussed. I don't know if the Council had an opportunity to see an editorial in the Press Citizen on November 27th, but I'd like to quote from the conclusion of that because I think it kind of sums up of what I want to say tonight. It says, "With the Gilbert Street project police and fire officials weighed in with concerns about the developer's track record with a similar complex in Ames. They were concerned about potential drain on their resources. That same kind of input should go into this project." And this is an editorial about the Calloway project. "We don't want to put a stop to development, but we also believe in proceeding with caution." And I think that there was a lot of caution, a lot of concern about the Hammond Project on South Gilbert Street. Some of these concerns I've not heard aired, not seen aired in the Staff reports and certainly not in proceeding before the Planning and Zoning Commission. For example, no keg policy, on-site management, on- site security. All of those things may have been addressed by the developer, but I've not heard those addressed in any of the public forum. One of the stumbling blocks in the Southgate project was the South District plan and I've read the Southwest District Plan. It's really, I think, for the City to follow in terms of the citizen input and developing something that looks forward toward to the future. I think the South District Plan - even though it was looked at a few years ago deserves to be put back on the front burner for the City. Southerly growth is logical growth for the City of Iowa City. The infrastructure is there. This type of project is just as logical for South Gilbert Street as it is for Highway 1. one thing that's changed since the Hammond project was in front of you is that South Gilbert Street is now on...the street upgrades are on the 5-year capital improvement plan. I assume since you put that together that you're aware of that. There are two things that I really want the Council to think about tonight. They don't necessary directly relate to the Calloway project. But one is that there be an even-handed consideration of projects - that Calloway have the same consideration, look at the same things you looked at with South Gilbert Street project and that you do a prompt review of the South District Plan. Since the Planning and Zoning Commission meeting on November 21st and since that editorial on November 27th Hammond has renewed their offer on the South Gilbert Street property. That was not something that Southgate solicited. It came unilaterally from Hammond, but that project will be back in front of Planning and Zoning Commission. It will be back in front of the Council. Again my reason here tonight is just to ask for a level playing field. This project on Highway 1 has received expedited treatment all the way through the process. That's not necessarily a bad thing but I just ask that when the Southgate project - Hammond project - comes back to This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5b Page 14 consideration that the City Staff and the Planning and Zoning Commission and the Council has an open and renewed attitude and give it fair hearing. That's what I'm here for tonight. Lehman: Thank you, Joe. O'Donnell: Thank you. Kanner: Joe, what's the distance from the Pentacrest for both of these projects? Holland: I haven't measured that. I assume probably the one on Highway 1 is maybe a little bit closer. I'm not sure there's a tremendous difference in the...it depends on whether you're traveling as the crow flies or by foot. Kanner: I think it is an issue...one of the issues. Holland: I agree there. There are some differences between the projects but fundamentally they're both the same kind ofproject. They're intensive land use development pitched primarily to a student/young person market. Lehman: I think we're going to have to limit our discussion to the project in front of us. This is not a hearing relative you're... Holland: That certainly was not my intention. Lehman: Yeah I know that, but the discussion is starting to be relative to the Sterling House and that's inappropriate. Dilkes: I'm sorry. Pfab: I move for accepting the correspondence. Holland: Thank you all. Dilkes: I think we should just note for the record though that from a land use perspective there are significant differences in the two projects. The...and I think Karin Franklin could speak pretty articulately to those if the Council is interested. O'Donnell: I think I've heard enough. Karr: We have a motion to accept correspondence. O'Donnell: So moved. Lehman: Yeah we have a motion by Irvin seconded by O'Donnell to accept This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5b Page 15 correspondence. All in favor? Opposed? Motion carries. Anyone else like to speak to this? Public hearing is closed. (2) First Consideration Lehman: Do we have a motion for first consideration? O'Donnell: Move first consideration. Lehman: Moved by O'Donnell. Champion: Second. Lehman: Seconded by Champion. Discussion? Kanner: I'd be interested, Karin, to hear briefly what you feel the positive attributes are of this location and the land use at this place. Franklin: Well land use is all about location and in this particular location we need to remember that we started with a zoning of RM-44 one of our highest zoning categories. We went through a rather extensive process with the Southwest District planning to look at this property in the context of its neighborhood. It was downzoned from RM-44 to RM- 20 and there was a conditional zoning agreement that was put in place when we did the Southwest District plan prior to consideration to the Calloway project. That is one of the reasons that we are able to ask for expedited consideration is because there has been so much work done in this area already through the citizen planning process. This site is approximate to the University of Iowa. This is to be student housing. It is within walking distance of the University of Iowa. The density certainly meets what the zoning category provides for so, I mean, those are the compelling reasons why it has been supported. Champion: Karin? Lehman: Thank you. I'm sorry. Champion: I mean I don't like these...some of these projects where you have ghettos of students or anybody as you know, but legally I could not vote against this because it meets the criteria for the zoning that's there. Is that correct? Franklin: You have discretion is that this is a planned development and there is being...a variation is being requested to the height of the buildings... Champion: Oh, I see. Franklin: ...to 58 feet 6 inches. So you do have some discretion in this because This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5b Page 16 it is a zoning matter that is before you. Kanner: And it's up to us to determine what is minimal disturbance of the slope. Franklin: Yes. Yes. Kanner: That's not clearly defined. Franklin: That's tree also. Good point. O'Donnell: But this did go through Planning and Zoning 7-0 and is recommended by Staff. Franklin: Yes. Lehman: Thank you, Karin. Other discussion? Wilbum: I would just add for me that not only is it approximate to campus, but we had also talked about potential trailways up into the nearby campus area. In terms of capacity, you know, the highway right there seems to me to be able to handle the traffic load. And then I think also just in terms of some of the other supporting type infrastructure across the highway there is, you know, commerce business existing that can help support the area there. Lehman: This project also includes traffic signalization on Highway 1, turn lanes, a number of what I would consider safety issues when dealing with a development of this size. It also is on a parcel of ground that has represented for probably 30 years part of a larger parcel that has been a significant problem when it comes to redevelopment. I see this and the associated properties around it as an excellent compromise project. This is something that's been...we've been trying for years to get this area developed and I think this is a really good first step. Pfab: I'm wondering does this qualify or go under consideration of infill development? Lehman: Well it certainly is infill. Champion: Yeah it is infill. The other reason that I support this project ~ this location, but also that this kind of development although I don't really personally like it will help ease the problems in our neighborhoods that are close to the University. Lehman: Other discussion? Roll call. Motion carries. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5d Page 17 ITEM 5d PLANNING AND ZONING MATTERS d. Public hearing on an ordinance vacating Lafayette Street, located west of Capitol Street. (VAC02-00006) Lehman: (Reads item). Public heating is open. Bob Downer: Mr. Mayor, members of the Council I am Bob Downer. I am the attorney for Eagle View properties an affiliate of City Carton Company that has requested the vacation of this very small street and has also submitted and offered to buy the street. I sensed last night that perhaps there wasn't as much clarity with respect to what has gone on there as would probably be desirable and I'd like to take just a few minutes to quickly go over the background in connection with this particular transaction. Approximately a year and a half ago the CRANDIC Railroad determined that it was going to dispose of a substantial amount of real estate that it owned in the south part of Iowa City. And as a result of this Eagle View Properties purchased approximately 12 acres from the CRANDIC where the City Carton Company operations are located on both sides of Benton Street west of Clinton. Subsequently Eagle View bought the former Capital Oil Company property at 729 South Capital Street and I would submit that there was a considerable public benefit that came from this purchase. There were four underground storage tanks on this property that were located beneath the structures and could only be removed with the structures being demolished. That has occurred. The tanks have all been removed. The property has been tested and cleaned up. There's been fresh soil that has been left there and so forth. And with that property being in close proximity to the river there was a possibility for some serious environmental harm to come from those tanks. But that is a threat that is in the past at this point. The segment of Lafayette Street that is in question here is approximately 30-35 feet wide and is 160 feet long east and west and lies on the north side of the CRANDIC tracks west of Capital. This property at one point was used as access to some landlocked property that the CRANDIC had back from Capital and north of its tracks. When the CRANDIC property was purchased and the Capital Oil property was purchased going all into one ownership the necessity for that street for access purposes ended because it goes no place other than the property that can otherwise be accessed from Capital Street. We had an appraisal prepared with respect to this property. I've discussed this at some length with John Yapp and although the City's requirements do not indicate that an appraisal in mandatory one was obtained here rather than attempting to use assessed valuations or some other benchmark as far as determining the value of this property. There are sewer and other utilities that underlie this property and as a result it can only be This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5d Page 18 used for surface purposes either for parking, a driveway or plantings. It cannot be excavated or anything of that nature and this has a significant negative impact on the valuation of the property. MRS appraisals valued the property at a range of between $8,000 and $11,000. Yesterday I delivered to the Department of Planning and Commnnity Development an offer by Eagle View Properties for $9500 which is the exact midpoint in this range that has been provided by the appraisal. There is earnest money in connection with this which is on deposit in our trust account and as I believe was mentioned last night these matters traditionally do not proceed to a final vacation until there has been a resolution in connection with the purchase of the property. We didn't want you to go further down this road than you might be comfortable in going without knowing exactly what Eagle View's intentions are with respect to the purchase of the property. And so I thought that perhaps I've taken more time than a matter of this magnitude justifies, but I did want them to be a full explanation as to what was behind this and what is being done in connection with it. Lehman: Thank you, Robert. Downer: Thank you. O'Donnell: Thank you. Lehman: Anyone else wish to speak to the issue? Public heating is closed. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5f Page 19 ITEM 5f PLANNING AND ZONING MATTERS f. Consider an ordinance amending Title 14, Chapter 6, Article K, the Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Overlay Rezonings and Sensitive Areas Site Plans. (First Consideration) Lehman: (Reads item). Vanderhoef: Move first consideration. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Pfab: I guess I would like maybe Karin can you explain this in a little bit more detail? Franklin: Sure. Pfab: Okay. Franklin: I'll try. What do you want? Oh you want me to just go through the whole thing? Pfab: Just kind of. Franklin: Okay. This is a change from doing things through a zoning process to doing things through an administrative process. Now those sensitive features that would have to go through the rezoning process we have shifted some of those to the administrative process at the Council's direction. However, when there is discretion that some judgrnent that must be brought to bear on the situation before you it will come before the Planning and Zoning Commission and the City Council. Specifically the rezonings will be required when there is a disturbance of a wetland or an associated buffer, when there's the removal of portions of woodlands in excess of the woodland retention percentages that are provided for in the Code, when there's disturbance of more than 35% of critical slopes or disturbance of a protected slope as it's defined in the ordinance and on the maps. One point that I made the last time when we had the public hearing the critical slopes issue if it is less than 35% the Staff still in its administrative review will attempt to minimize to the greatest extent possible the disturbance of those slopes and may require that a development be altered such that it disturbs less than 35%. And that's basically it. Pfab: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5f Page 20 Lehman: Thank you, Karin. Pfab: I have a question. What is changed? First what is not changed? What will continue on? I am uncomfortable with losing the legislative process here of governing because I think it removes the public's interests by one step. Franklin: I believe that the Council's desire in directing us to go this route was to alter the ordinance such that those questions that were primarily technical would be addressed in an administrative level. However, those issues that were primarily judgmental would come through Planning and Zoning and the City Council as they do now. So that when you had circumstances in which you basically were confined to a technical review and approval that you would not be put in the position of having to deal with tangential issues that had nothing to do with the sensitive areas, but had to do with other issues that revolved around development generally. With these projects you have been requested to change the project because of the traffic that was generated an issue that is not directly germane to the fact that you are looking under at it under a sensitive areas ordinance. It frustrates the Council. It frustrates the neighborhood. So I think that's what you were trying to achieve in giving us this direction. However, if you choose to continue as things are that's your judgment and vote accordingly. Wilbum: Those items that are technical in nature those are all part of the agreed sensitive areas ordinance that was a negotiated compromise between public interests on both sides developers, people on... Franklin: It was put together by a committee of people that represented developers, the Planning and Zoning Commission, neighborhoods, environmental groups. And so the ordinance is a compromise, but there are some things in the ordinance that are specific and it either complies or it doesn't. There's no judgment involved. Wilbum: So a potential other way to look at it besides trying to alleviate any fi-ustration would be honoring the original intent of the agreement between different parties in the ordinance one might say. Franklin: One might. Wilbum: One might say. Lehman: You know the sensitive areas ordinance was written with a significant amount of public input. And that turned out as a (can't hear) ordinance which later was redone. I don't know how much time - Karin, I'm sure you have a much better idea - but there was a This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #Sf Page 21 tremendous amount of time and effort by the public in drafting that ordinance. I was on the Council when it was passed. I think overall the sensitive areas ordinance has been a good ordinance - one which most developers feel is a good ordinance and certainly one that the public has a tremendous opportunity to have input. My frustration with the ordinance is that...and I think it's totally unfair to give the public the sense that they have the ability to stop a development because it's going through the Planning and Zoning process and appears before Council when in fact if the development meets the criteria &that ordinance which was drafted by the public and presented to the Council - if it meets those requirements Council has no legal alternative other than to provide for that development to occur which we demonstrated very clearly with the Harlocke/Weeber issue and I feel very, very badly about that issue. That a lot of neighbors became very upset because they felt they had a chance of stopping something that they could not stop. So I think in all fairness I think government needs to be (can't hear) rather than (can't hear). I think that things that are of a technical nature need to be removed from the political process so that the public has a right to know what they can expect and not expect. And the time for legislation is when you write the ordinances not when you apply those ordinance to specific projects. So I think this is a very good thing to have technical people apply technical requirements. Now when we get into the judgment calls obviously I think those are calls that Staffis going to have comment on, Planning and Zoning is going have to comment on, the neighbors obviously have an interest in this as does Council. But when it's strictly technical I have to think that in all fairness to the people of community to the Planning and Zoning Commission to the Council that politics need to be kept out of it. Champion: Very well said, Mr. Mayor. Pfab: I believe there's...I know I have one sense of irony in this and that is when it canoe to the sign ordinances which have a less effect on a lot of people we decided that we wish to keep final discretion to elected officials. 0'Dormell: But anything controversial on this Irvin or anything that's questionable is going to go through Planning or the Council anyways. Pfab: Oh, that's fine. Dilkes: I think just for the...you're talking about the Design Review issue. Pfab: Design Review. Dilkes: And there's a multitude of sign ordinances that are done This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5f Page 22 administratively. Lehman: But the other thing is Design Review ordinance did not have criteria over which the Council had no control. This does. Which we demonstrated very clearly with the Harlocke/Weeber issue that cost us $60,000. Pfab: Well I have one comment and as I look backwards that was...we lost more than one way, but I think it just goes to prove what damage can be done to a neighborhood which was really not necessary. Lehman: Irvin, if that's the case then we need to change the ordinance. And I have no problem with changing an ordinance, but I have a real problem with changing the rules of the game after the game has started and that basically with this does is says you can't change the rules once you start the game. Pfab: I'm not arguing your point. I mean I'm not opposing your point, but it does leave questions and I'm just stating my frustration. O'Donnell: This is a great way to take the questions out of it, Irvin. It really is. Lehman: Other discussion. Roll call. Motion carries 5-2. Kanner and Pfab voting in the negative. Karr: Motion to accept correspondence. O'Donnell: So moved. Lehman: Moved by O'Donnell. Vanderhoef: Second. Lehman: Seconded by Vanderhoef. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #5g Page 23 ITEM 5g PLANNING AND ZONING MATTERS f. Consider a resolution approving the final plat of North Airport Development Part Two, Iowa City, Iowa. (SUB02-00022) Lehman: (Reads item). Vanderhoef: Move the resolution. Wilbum: Second. Lehman: Moved by Vanderhoef, seconded by Wilbum. Discussion? This is a change in a plat to comply with regulations f~om the FAA. Is that not correct, Ron? Dilkes: Yes. Lehman: So it meets technical requirements. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #6a Page 24 ITEM 6a EXECUTION OF THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION $ ADMINISTRATIVE PLAN. a. PUBLIC HEARING Lehman: (Reads item). The public hearing is open. Maggie would you like to give us just a thumbnail sketch of what we're talking about. This is a very complicated issue and I'm sure you can reduce it to its lowest common dominator. Maggie Grosvenor: Sure. We'll try. I would like to introduce Jody Goodwin. She is our intern this year and she's getting her dual master's degree in urban and regional planning and social work - big time degree. Anyways she's done a lot of work. So she's going to try to give you a very short thumbnail description of this process. Jody Goodwin: Okay. I'm going talk to you about how this process of revising the administrative plan started, what my role was, and then also what you're voting on tonight - I think you're voting. The process of revising the administrative plan started with some issues that arose with the Section 8 home ownership plan not meeting...not being quite in line with the Federal regulations. And then the second issue was that the definition of family had to include single persons. My role in all of it was when I started I started working on the Section 8 home ownership program which at the time I wasn't clear was part of the admin plan, but then Maggie asked me to work on the admin plan and I was informed that it was a document that was not for intemal use only, but was meant to be reference for the clients. So it should be in client fi-iendly terminology. That started the process of reading it and trying to make it more reader- friendly. Some of the things we changed include like changing imputed welfare income to welfare income that was withheld for noncompliance by DHS. And then I continued to edit and make minor changes that was and check the regulations so that we were actually referring to the correct Federal regulation. What came out of all that besides a lot of minor changes are the three changes that you were provided in your packets and that includes the substantive changes of in Section 19 the home ownership program. There was suitability requirements added in order to best serve the families who are most prepared to successful in home ownership efforts. And then the preferences were changes. There's some concern that any kind of preference will seem to leave out people and it seems to put...rank needs and that there appears to be needier people lef~ out in this case. Homelessness is probably going to be the issue. Homelessness isn't mentioned in there, but it doesn't mean that homeless people aren't served. We think that they'll be better served because this can be a preventative measure in the sense that you don't have to be homeless and suffering that hardship before you can be This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #6a Page 25 served. In other words ifa family...if the mother the.only working person and loses her job and is about to lose her home so her and her two kids will be homeless then she can come and receive assistance before she's homeless rather than after. And then the last substantive change is the required definition change of family. Champion: Very simple. Lehman: Very good. Thank you. Kanner: I had a question for you. In 19 you crossed out participants must be first-time homeowners. Then there's a part that says participants must be first-time homeowners. So I guess you redid the wording. But then it says a member must not have owned a title to residence in the last three years. So can they have been an owner before? Goodwin: Yes. The HUD definition of first-time homeowner is someone who has not held title to a home in the past three years. So if three years ago they owned a home and now they've been a renter for the last three years they still qualify under the Federal definition of a first-time homeowner. Kanner: Tell those Feds to clean up their language. That doesn't quite make sense. Pfab: I have a question. Okay. What about a manufactured home or a mobile home or whatever that is, does that qualify as a home, as a current home-owner? Goodwin: If they hold the title to that home, yes that still qualifies as a home owner. Pfab: Even a mobile home? Goodwin: Yes. P fab: Okay. Lehman: Other questions? O'Donnell: Thank you. Lehman: Thank you. Public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #8 Page 26 ITEM 8. CONSIDER A RESOLUTION APPROVING A PROPOSED 28-E AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2003, THORUGH JUNE 30, 2008, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. Lehman: (Reads item). Champion: Move the resolution. Pfab: Second. Lehman: Moved by Champion, seconded by Pfab. Discussion? Champion: I want to thank everybody who worked on that committee to get this 28-E agreement done in quite good time. Lehman: And we need to mention Mr. O'Donnell and Mrs. Vanderhoef. Champion: And Mr. Fowler. Lehman: And also Joe Fowler and O'Donnell: Ron (can't hear). Lehman: And Ron Logsdon. We had some folks yes the folks from the County and the City, I think, did a remarkable good job. This was something...this is a very, very important service for this community both from the County's perspective and from the City's perspective and I applaud their efforts to come up with an agreement that hopefully we're going to ratify. Vanderhoef: I'd just like to comment since I had a phone call today there isn't any specific wording in the contract about rides or not using rides...what's the word I'm looking for? O'Donnell: No denial. Vanderhoefi No denial. Thank you. Anyway I followed up with that with Joe and made sure that in our comprehensive paratransit plan it is mentioned there and in the first part of this contract it talks about all Iowa City policies. So as long as it's in our comprehensive plan it is one of our policies and it does not need to be mentioned specifically in the contract. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #8 Page 27 O'Donnell: And I'm comfortable that as well as the subscription ride and it was quite a process. We set out to change the last process and I think we accomplished that and Joe, thank you and Ron. And I think this is a good agreement and I'm looking forward to it. Lehman: Other discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #10 Page 28 ITEM 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SETTLEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY, AN IOWA MUNICIPAL CORPORATION (CITY) AND MCC IOWA L.L.C., A DELAWARE LIMITED LIABILITY COMPANY (MEDIACOM). Lehman: (Reads item). This is the Mediacom settlement. Pfab: Move the resolution. O'Donnell: Second. Lehman: Moved by Pfab, seconded by O'Donnell. Discussion? I just...I do need to say this. I believe that this settlement was one after all I think our interests as a city is that our cable subscribers are pleased with the service that they receive from the cable provider. And I believe that the settlement that was negotiated is in the best interest of the folks who use the cable service and in the regard I believe it's a good settlement for all of them. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #14 Page 29 ITEM 14 CITY COUNCIL INFORMATION. Lehman: City Council information. Pfab: One question, Steve, you had mentioned that you.were going to follow up on that report. Atkins: What is it again, Sir? Pfab: Last night I asked you. You said you'd have a report for me today about that property over on...the family that came in here. Kart: Daniels. Dilkes: Water in the basement issue. Atkins: Oh. We haven't reached them yet. As soon as they find out I'll let you know. Pfab: Okay. Thanks. Lehman: Okay. Connie? Champion: Nothing. Lehman: Mike? O'Donnell: Just one thing. Steve, I don't know how many guys were picking up leaves this year but what a tremendous job that was and what a tremendous service to the community. They fell late and I think they picked them up at my house four times. But that's a great service. Champion: Well we haven't had any snow. O'Dom~ell: Yes we have actually. Vanderhoefi Okay. I've got a couple things. The first one is I spoke to Steve this afternoon and requested that he make a video of City Finance 101 like he does for Council candidates and he did, I think, for the Senior Center. I think it would be a good educational piece that we could be nmning while we're in the budget sessions and it might be something that we would put at the public library and so people could check it out and look at how the city finances actually go together. And if you all concur... Champion: Great idea. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 //14 Page 30 Vanderhoef: Because he said he would do that for me. Lehman: Oh star, stage and scream. Atkins: I don't think they're going to beat down the doors to get at it, but (can't hear) Finance I01 we'll do her. Vanderhoefi Well this came up for me this past week I have been at the National League of Cities meeting and particularly in some finance meetings and there seems to be a huge disconnect on understanding by the general public on how budgets work and I thought maybe this would be one piece that would help us move along in educating our general public. Just thought I would tell you a couple more things about the meeting. I serve on the steering committee for the Transportation and Infrastructure Policy Committee for the National League and one of the big things that was passed by the entire Congress at the end of the meeting was our recommendation of moving forward and pushing for indexing of fuel tax which will increase the dollars in the transit budget at the national level, but we may get a piece of it if we can get it into the new reauthorization of TEA...what is now TEA21 which will probably be called TEA3. I also had the opportunity to present in a workshop with a gentleman from the Federal Transit Authority and Council member from Charlotte, North Carolina on transportation in particular transit. And my piece of that was to speak about intensive transit in small cities and it seemed to be well received in that people recognized Iowa City metropolitan area as a transit intensive city and that perhaps we should be moving forward on changing the Federal formula so that cities like our own would get a larger piece of the transit budget. Pfab: Can I interrupt her a second? I'll tell you what I told Dee after she made the presentation as I sat through it. She did herself and Iowa City proud. Champion: Good. Lehman: Good. Vanderhoef: Thank you. The other piece was a research panel that I participate in. I've been on this panel now since '98 and it's on government finances and how they are moving along. I took a piece to the Research Director on how our Iowa City Human Service donations affect the budget of how all these agencies work and how they are additional fimding that are never recognized as public financing. It was a piece that Sandy Boyd put together in the year 2000. We're going to look at it at a future date. We also are looking at research from California and a couple of other places on how to put together collaborative efforts on This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #14 Page 31 changing how public finance for all levels of government will happen. And that's it. Lehman: Thank you, Dee. Wilburn: Just have a safe holiday whether you're traveling to the Orange Bowl or celebrating. Vanderhoef: Go Hawks! Lehman: Steven. Kanner: Just a few things. There's a new organization in town Arts a la Cart and I wanted to announce that they have a weekly smoke-free, alcohol- free dance jam over at the Old Brick. And that Fridays from, I think, 8:00 to midnight and kids under 12 are free. It's a nice space and I'm going to be checking it out pretty soon. And also Iowans for Peace is actually going to be having a letter writing night at Pizza on Dubuque this Thursday talking about the Patriot Act and along the lines from what we heard from the ACLU representative before and how it affects the local community. So that's this Thursday from 6:00 to 8:00 p.m. at Pizza at Dubuque in Iowa City on South Dubuque. And people that purchase pizza and write letter will get free beverages for that. Two final things at the meeting last night I was saddened that the Council will not discuss the issue of age of consent that police can enter. The Police Chief clarified a policy that said 12-year-olds are old enough to give consent for police to enter a residence. Our Police Citizen Review Board issued a finding that they had some problems with that and then a majority felt that it should be higher age then that and I was hoping that the Iowa City Council would be discussing this issue, but we're not. And hopefully we can talk about that in the future because I think that 12 years old is certainly too low an age to expect to have reasoned consent from. And then finally I am heartened to hear about municipal electric study moving along. My campaign goal when I was running for Council and for the last few years I've been working on is to see if municipal electricity would work for the citizens of Iowa City would save us money. We're almost at a point were we can decide if we want to commission a study along with a number of other communities in the State of Iowa and see if it's worthwhile for us to join 137 other communities in the State and have a municipally owned electric facility. I think the results are going to be favorable. I'm excited and hope that we'll keep moving along on that issue. Thanks. And congratulations to PATV for a fine job and the work you do in the community. I appreciate the facilities. That's it. Lehman: A couple things. Obviously I don't think anybody could state as This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002 #14 Page 32 emphatically as we feel how proud we've got to be of that football team that's going to the Orange Bowl. Not just the fact that they're good, but they're good people -just a quality organization all the way around. I heard today where Brad Banks was named AP Outstanding Player of the Year for the entire country and I think that's just phenomenal -just indicative of the kind of program Ferenz had put together. This is our last meeting this year folks. I wish everybody the happiest of holidays. This is certainly a wonderful time of the year for almost everyone and I certainly wish everyone a happy holiday and a truly happy and prosperous New Year to you Steve and Staffwe won't meet until next year although that's not too long. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of December 10, 2002