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HomeMy WebLinkAbout2008-08-26 Transcription#2 Page 1 ITEM 2. PROCLAMATION. Welcome Week: August 23-29, 2008 Bailey: The next item on our agenda is proclamation. (reads proclamation) Karr: Here to accept the proclamation is Tara Edberg, Assistant Director-Office of Student Life. (applause) Edberg: I just wanted to thank the Board on behalf of Welcome Week, uh, as the Chair of Welcome Week for this, uh, excellent proclamation and turn the mic over to Shannon Thomas from the University of Iowa. Thomas: Thank you to Mayor Bailey and to the Council. We are very excited about this proclamation, and especially excited about this opportunity to once again create a partnership between the University and the City of Iowa City. Particularly, we have a new event coming up for the first time. We are hoping to make this an annual event. It is the Taste of Iowa City. Tomorrow, Wednesday, from 4:00 to 8:00 P.M., taking place downtown. Local establishments, restaurants, eateries and retailers will be open, especially to the students of the University of Iowa, and to community members, and will be offering taste portions of their menu in order to sort of open up their doors to the students and welcome them to the city, and encourage them to become involved in the city and in the University throughout their time here. So we appreciate, um, the citizens of Iowa City coming out tomorrow from 4:00 to 8:00 in downtown Iowa City, and appreciate the work that you are doing. Thank you very much. Bailey: Thank you. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #3 Page 2 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. Wright: Move adoption. Bailey: Moved by Champion, seconded by Wright. Discussion? I want to just note here that we are transferring the small amount that's left in our Small Business Flood Relief Fund to the Chamber of Commerce. I think that, um, fund was very successful, and that will go to the Chamber of Commerce to continue that work. Any other items? Discussion? Okay. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 ITEM 5. Bailey: Champion: Hayek: Bailey: Page 3 a) AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR APPROXIMATELY PLANNING AND ZONING MATTERS. 25.16 -ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ08-00006) 1. PUBLIC HEARING (CONTINUED FROM 8/11) The public hearing is open. (bangs gavel) And let's start with, um, ex- parte communications regarding this item. None since our last meeting. Uh, today I spoke to the City Attorney briefly about the Conditional Zoning Agreement. Okay. Any other.. . Correia: I solicited comments from a number of community members -Shelly Henry, Linda Louko, Brenda Pearson, Sara Baird, Tricia Zebrowski, Dixie Ecklund, Niki Neems, and Calyonder Heller -about their thoughts and opinions about the Wal-Mart. Bailey: Okay, and so, can you overview some of those thoughts. I think that that's the... Correia: Um, well, I spoke with Calyonder Heller who's an employee of Wal-Mart and asked about the benefits package. She's worked there for fourteen years; full-time employee; she does receive benefits, as well as profit sharing, retirement. Um, part-time employees can purchase into benefits...into health benefits, um, those were questions that I had asked. Um, and then the other question, or the other comments were related to pros and cons of Wal-Mart in the community, its impact, um, a couple of members talked about that it saves them money, um, and being on a fixed income, it was beneficial to their household. Bailey: Okay. Any other ex-parte? I just...go ahead. Wright: (mumbled) ...had some further communication, as well, from, uh, communications from Tom Carsner and Patrick Hughes and Robert Morey uh, discussing Conditional Zoning Agreement and uh, indicating they were not supporting it. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 4 Bailey: I also received correspondence from those citizens and...must have been a similar letter, indicating that they weren't supportive. I also talked to Wal- Mart representatives who were here at the last meeting and encouraged them to pay for the bus shelter, and I spoke with staff, um, Dennis Mitchell, who's the attorney for Wal-Mart, and Gary Sanders, uh, regarding the anticipated schedule for the decision and the status of the CZA. Any other? Okay. Davidson: Good evening, Madame Mayor, Members of Council, I'm Jeff Davidson, the Director of Planning and Community Development for the City. Uh, as has been stated, you had substantial discussion and consideration of the amendment to the Conditional Zoning Agreement, uh, for this project at your last meeting. At that time the Conditional Zoning Agreement had not been signed, and so you did, uh, keep the hearing open and not take a first consideration at that meeting. That is on your agenda this evening. Um, the...I can go into any detail that you would like about what we discussed, uh, last week, uh, in terms of the existing Conditional Zoning Agreement and the modifications that are being proposed. Um, I think you...you will recall that I stated that the original Conditional Zoning Agreement and City staff's consideration of the amendments pertained primarily to the, uh, entryway to the City considerations, and the aesthetic considerations - those were the principle considerations of the original agreement, and they have been our considerations in this, uh, evaluation...I...ofthe amendment. I can go into any detail that you would like, uh, about that. Um, also, mentioned last time that there was an amendment in 1996 to the agreement. This is actually the third amendment. Uh, in 1996, the...the amendment, I believe it was done with the construction of the Staples building, uh, Staples had requested that the area next to their building, uh, be used for parking, and so an amendment to the agreement, which stated that the requirements for a cohesive, integrated development and to provide horizontal continuity of the building facades are no longer necessary on said property. That was approved by the City Council in 1996. Um, I would be happy to go into any of the details of the proposed amended agreement. The one thing which has changed since last meeting is Wal-Mart has made a commitment to the, uh, bus shelter, and I thought I would just very briefly read you what is in the agreement now. This is part S.b. - Wal-Mart shall cooperate with the City to locate a public bus stop and/or shelter on the site, and Wal-Mart shall in its discretion either relocate the shelter currently located on the Wal-Mart parcel to the new location agreed upon with the City at Wal-Mart's expense, or shall acquire and install or construct a new shelter at Wal-Mart's expense of a quality and design at least equal to the bus shelter currently located on the Wal- Mart parcel, subject to terms and conditions to be agreed upon in writing by Wal-Mart and the City Manager as Representative of the City. So, that is the language that is in there, committing Wal-Mart to the bus shelter. That is the only change in the agreement, uh, since last meeting. The This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 5 Conditional Zoning Agreement has been signed. So you do have, uh, the ability to close the hearing and take first consideration this evening if you would like. Are there any further questions for me? Bailey: Um, there have been some questions and some comments in the letters that we've received regarding...and we talked about this last time, regarding Wal-Mart's upholding the agreement of many years ago, and there has been some discussion that they did not, so why would they uphold this, and what are the provisions for making sure that this Conditional Zoning Agreement is upheld? Davidson: Well, Eleanor I guess can speak to the enforcement provisions that the City would have available. Dilkes: Um, I think what you're referring to are the provisions in the Agreement, which require them to obtain a building permit within two years, um, or the, uh, this CZA will not go into effect and the previous CZA will continue to be in effect. Um, one of the...in the earlier Zoning Agreement or Conditional Zoning Agreements, there was not a "thou shalt build" provision or "thou shalt" you know, get a building permit by such date, um, and...and I think there was, um, this was an attempt to address that on this one. Bailey: Okay, so the concern about the build-out of the area never had a timeline attached to it in the previous Agreement? Dilkes: There was no requirement to build, frankly. Bailey: Okay. Dilkes: And no timeline, um, my review of the existing Conditional Zoning Agreements would not say to me that there's been a violation of that agreement. Bailey: Okay. Thank you. Davidson: One other highlight that I wanted to make. There was a question at the last meeting about the height of the freestanding signs, and I was unable to quote the zoning ordinance at that meeting. I did research that, and the maximum height on those signs, you'll recall the proposal is to go from the two existing signs to also a third sign, which will be located at the Ruppert Road entrance. Those may not exceed 25 feet. Any other questions? Thank you. Bailey: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 6 Dilkes: Just, I guess, in the interest of full...being comprehensive, there is an additional paragraph, 13, that Wal-Mart requested to be added, um, regarding, uh, the inability to comply with the provisions, uh, based on things like strikes and lock-outs and riots and those kind of things. That's not an unusual provision to find in agreements that have time provisions in them. Um, they did propose that we did make some changes to that, and I think it's acceptable as it's now written. Bailey: Okay, thanks. Wilburn: Um, Madame Mayor, I...I need to disclose a couple other, uh, ex-parte communications. I did receive a email correspondence from, uh, Robert Morry, the subject of which, uh, essentially breaking prior zoning exemptions, and also from the President of the, um, Iowa City Federation of Labor, uh, about, uh, workers' rights violations and also attached, the AFL-CIO's response. I forwarded that to the, uh, City Clerk. It will appear in the next Council packet. Bailey: Okay, thank you. Downer: Madame Mayor, Members of the Council, I'm Bob Downer, appearing here again this evening, uh, on behalf of Wal-Mart stores, uh, we have no formal presentation to, uh, make at this time. This was done, I believe, exhaustively at the last meeting; however, we do have the representatives of Wal-Mart here, uh, to answer questions that you may have with regard to various aspects of the development. Uh, Mr. Davidson has covered some of the changes that, uh, I was going to point out to the Council, and I don't think I need to be repetitious in that regard. So, unless there are questions of me, uh, I believe that's all we have to say at this time. Bailey: Any questions? Downer: Thank you. Bailey: Thank you. Carsner: Good evening. My name's Tom Carsner. I did send some previous correspondence, and uh, but I haven't really gotten any good answers to the questions I raised. The first question, why is one store on this location better than four, five, or six stores? Wal-Mart has given no answer, no attempt to apply, to reply to that question at all. And the second question I raise is the question of fairness about Wal-Mart's lack of compliance. In fact, their lack of regret, their lack of remorse, their lack of showing any concern about not, uh, complying with the original agreement, and we've heard, you know, the questions about, uh, about bus stops and other things, and the obvious questions is, will it take 19 years to get a bus stop, This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 7 uh, put up there? Uh, we don't know. Um, but one thing that I wanted to add, uh, earlier this summer it came to light through a variety of...uh, Wal-Mart employees across the country, uh, speaking out that, uh, Wal- Mart managers were holding mandatory meetings for their employees, uh, where they were told that it was better for them to vote, uh, for Republican candidates in this fall's elections because, uh, that would be better for Wal-Mart. The immediate issue that was brought up was, uh, that Republicans would make it harder to unionize at Wal-Mart. And, that Democrats, assumedly, uh, hopefully in my opinion, would make it easier for employees to unionize at Wal-Mart. Um, that is, again, one more story in a long litany, uh, of, uh, incidents of corporate...of lack of corporate citizenship on behalf of Wal-Mart, and I think the question, again, that you need to consider, is this the kind of corporate citizen you want to expand in Iowa City? Uh, do you want to reward them for that kind of behavior? I would hope not, and uh, as past Chair of the Johnson County Democrats, uh, and as part of the Democratic party platform, we're all for, uh, affirmative action, and having Wal-Mart, uh, supervisors tell their employees to vote Republican certainly would be an incident of affirmative action in Iowa City. Um, if you are intent on granting, uh, this, uh, amendment, I would ask that you would make the condition that, uh, at least the Democrats would get equal time to talk to the Wal-Mart employees. I think that's only fair! But I would encourage you to, uh, again deny this application, and um, for questions of fairness, for questions of business opportunity, um, and questions of what do we want Iowa City to be? Thank you. Bailey: Thank you. Gravitt: My name is Mary Gravitt, and I seem to always be defending Wal-Mart, but I'm not defending Wal-Mart. I'm defending Iowa City. We're in a very bad economic condition now. Wal-Mart can help us out. If you noticed, if you go on Riverside, Wendy's is empty, uh, Payless Shoes is empty, and it looks very bad over there, and we talk about what seems to be here...we're making this moral argument against Wal-Mart, but this is the City Council, and you have a fiduciary, is that the correct word, duty to the city, not to let the city go bad. Wal-Mart has been a bad actor; that's why Wal-Mart always loses in court! If Wal-Mart is a bad citizen, abusing people, taking away their civil rights, the courts is the place to address it, not here at City Council, because you have other duties; and furthermore, the way the to definitely take care of Wal-Mart is coming on November the 4th and it's...with the Supreme Court, the justices. You don't get another Scalia and you can do something with Wal-Mart, but right now we're concerned with Iowa City staying financially viable, at least that's what I'm concerned with, and I appreciate the bus stop and not no and/or, a bus stop is definitely supposed to be there, as far as I'm This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 8 concerned, and uh, there's nothing you can do with Wal-Mart's morals. Like I said, it's a case for the courts and Wal-Mart always loses in court. Bailey: Thank you, Mary. Fidelis: I'm Libris Fidelis. I'm a member of Johnson County Green Party, and I'm going to make a comment, uh, both for Green Party as well as for myself as personal comments. Green Party is against international businesses coming in and taking over our country. Globalization is a destructive effort to eliminate local markets. Wal-Mart is considered to be the largest retailer in the world. We have a problem in this community that Wal-Mart wants to expand and they will probably relocate maybe two or three more times. As my own personal opinion, I think that Wal-Mart is here to destroy this community, as they have done in many other communities. We saw them bankrupt five major corporations who refused or were unable to produce products below cost -Rubbermaid being a good prime example of it. Um, because Wal-Mart patronizes other countries that practice oppression, less than livable wages, and no benefits whatsoever, such as in China, and all of their products, therefore, undercut U.S.-made products. In addition to this, Wal-Mart has constantly exploited communities through a form of extortion, saying if you will not give us tax breaks, if you will not give us subsidies, if you will not give us special privileges, that the local community retailers cannot, uh, take advantage of, then they will build in some other community, and they use this all the time as a form of extortion, and then when they get what they want, they always want more, and that's not enough, and then they want to relocate to a larger place, which will build a bigger box with bigger parking lots, abandoning the old ones. Constantly destroying communities! We have to stop this. We have to think of our local communities, our local businesses, our local residents, our tax structure -everything that Wal- Mart does is an exploitation like a leach. We need to stop this. If Wal- Mart cannot plan initially for a facility that will serve a community for the next 25 to 30 years, and build that facility and maintain it at their own expense as the world's largest retailer, then there's something wrong, because they constantly use this against communities. They constantly use this against, uh, even the public, because what they often times claim is cheaper really is subsidized by government tax breaks and special privileges. (applause) Bailey: Let's not...let's not do that. Let's just have a public hearing without the applause. We know your opinions, and you'll have an opportunity to express those. Thank you. Hacker: I'm, uh, here to sort of support the Wal-Mart in some ways and not in the others. They do do a lot of things, like the other day they were helping Special Olympics, and they do a lot of stuff with the, people forget they do This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 9 a lot for CMA, the Children's Hospital here in Iowa City. They raise money all the time; you see `em on TV all the time doing that stuff. People forget all that kind of stuff -their charity work, they give money to schools before. They've done a lot of stuff to help the community and people don't see that stuff. Like our hospital gets money from `em because they go and volunteer all the time. Our hospital's very expensive to run, so that money's very appreciative. People forget all that stuff. Bailey: Before you sit down, can I get you to state your name for the Clerk? Hacker: It's Geof Hacker. Bailey: Thank you. Case: Good evening. My name's Jesse Case. I live here in town. I think, you know, a lot of times people do forget, uh, the good Wal-Mart does in town. They donate to a lot of good charities, uh, but I think we shouldn't forget what Wal-Mart does globally, and if we hired a hundred consultants to go out and do a study and make a hundred recommendations on what would make Iowa City a better place to live, or how do we...we could even maintain our current level of, uh, living our standard of living, how many of those consultants would come back and say, `You know, let's go out and hire a corporation with a history of discriminating against their female employees.' How many consultants would come back and say, `You know, the way to make Iowa City a better place is to go out and...and create incentives for a corporation to come in, uh, that has a history of discriminating against minority employees, based on pay and promotion.' How many consultants would come back and say, `The way to improve the standard of living in Iowa City, uh, is to encourage business by corporations that have declared all out war on organized labor.' And we know for a fact that if the employees of this new Wal- Mart organize, exercise their right under the National Labor Relations Act, Wal-Mart will cut town and leave. They're asking you to do a favor, but if their employees exercise their federal rights, based on Wal-Mart's past history, they'll close this store down and leave town. So, we're asking you to vote no. We're asking you to vote your conscience. We're asking you to do what's right. We're asking you, uh, to vote as though the future of Iowa City depended on it. And we're asking you to vote as though your future depended on it. Thank you. Bailey: Thank you. Michel: My name is Cynthia Michel. I live in southwest Johnson County. It is a drive for me to come to Iowa City to do any shopping. When Cub Foods closed, that curtailed a lot of my shopping in Iowa City. I do my grocery shopping in Coralville mainly, at the Super Wal-Mart, because Hy-Vee, This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 10 for my family, with the exception of a few items that I deliberately go there to buy, and it's a handful, I go to Coralville to shop. Iowa City has lost almost all of my shopping dollars, except what I spend at Wal-Mart. Um, if their employees were so mistreated, why would they have employees working there longer than six months even? They have employees working there that have been there 15 years. Since the day they opened! So it makes no sense that these people argue that their employees are so horribly abused! They're not all stupid! I can't believe that they're staying there because they're being coerced to either. And as far as joining a union, I worked for five of them in my lifetime in California, where I was forced to join a union if I wanted a job. There was not a single one that did a single good thing forme. They didn't get me my job, they didn't keep my job forme. I got my job. I support Wal- Mart, and you...Iowa City will lose even more of my shopping dollars if you don't allow the Super Wal-Mart. Bailey: Thanks, Cynthia. Other comments? I'm getting ready to close the public hearing. If anybody has anything to say, this is the time to speak. Michel: My name is Maureen Michel. I wasn't going to speak tonight because I do not enjoy standing in front of the public, but I am one of those employees that have been at Wal-Mart for 15 years. I'm a woman. I've had four store managers since I've worked for Wal-Mart. Every one of which have offered me to go further in my career with Wal-Mart. I've chosen not to. I'm a department manager, which I feel is enough responsibility for me. Every time there's a concern in the news regarding Wal-Mart, my folks are the first ones to call me, you know, could you really get locked in your store? Do they make you stay there? Of course not! There's twenty doors into my store; I could walk out any time I want. If people are locked in, it's because they chose to stay there. As a, you know, human being, I chose to leave when I want to leave. So...um, I make very good money for what I do at Wal-Mart, um, I couldn't go and get a job anywhere else making the money that I make. I too have been part of a union, um, in past job experiences, and it was all right, but it wasn't better. I can speak to any one of my store managers. I could call my district manager. I could call the president of Wal-Mart and speak to them any time I so chose. Um, it hasn't always been a perfect place to work, but I wouldn't leave. I have profit sharing, I have benefits, I have a 401K, I have raised four children on a Wal-Mart salary. Um, so, it may not be the right choice for everyone, but I feel everyone has the right to make their choice. They don't have to shop there if they don't chose to. Bailey: Thank you. (applause) Um, excuse me, I think I mentioned how I wanted to handle that. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 11 Fiordelise: Uh, Madame Mayor, Bill Fiordelise. Um, I work for Wal-Mart. I'm a greeter, a people greeter, and uh, that's really about all I can do around there, but I enjoy it, uh, but I think what I really want to say is I moved here in 03, from southern Maryland. I worked in Washington, Virginia, and Maryland on my job. I did carpet...carpenter, mechanic, uh, qualified to do any of this, rugs, anything. When I came here, I came here to move with my son, knowing I could get a job. I retired in 03, and I needed part- time. I couldn't get it. There wasn't a carpet store around here that would take me on part-time, and at first I wasn't too worried about that, but I'll tell you, when you're retired you find out quickly you need more money. And I've always shopped here in Iowa City, and a little bit in Washington, but uh, I actually, the people are so friendly I actually said hi to them and they'd talk back to me...and I'd converse with them and told them I was looking for a little work, and they said well, oh, why don't you apply here, and I did for...there was a greeter's job open so I applied for it. Anyway, I can't believe some of the pictures that are being painted here. So, I've been in a carpenter's union in Washington so I know what the union's all about, and uh, I'm perfectly comfortable where I'm at. I'm treated great. I really am. Uh, my job is very fulfilling, and I found out I can apply for any position in there, if there's an opening, and get it as long as I qualify. And, uh, if not they'll train me, but there's more I want to say, but I think I'm going to stop now. Bailey: Thank you. Taylor: I'm Wally Taylor. I'm the attorney from Cedar Rapids representing Iowa City Stop Wal-Mart. I just want to make one comment in response to a question that was asked earlier this evening about the Conditional Zoning Agreement, that there was no time limit in the Zoning Agreement, uh, for compliance. I guess the inference was that since there was no time limit, there's been no violation, but it's been almost 20 years since 1989, and there's still no compliance and in fact the development that has occurred there has been in violation of the zoning agreement. To me, that's a violation, and I don't see how you can get around that. Thank you. Bailey: Thank you. Reinier: Yeah, Tom Reinier. Igo to Wal-Mart all the time to buy things, and I really enjoy the store. The people there are very nice. I never have a hassle or bull from `em. It's a very nice store. That's all I got to say. Thank you. Kearney: Hi, my name is Matt Kearney, um, this weekend I went to go visit my parents in a small town that I'm from in northwest Iowa. When I was growing up there, there were four clothing stores, there were two shoe stores, there were two or three dime stores, there were two or three This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 12 hardware stores, etc. Those are all gone. There's one Wal-Mart. If you want it and it's not at Wal-Mart, you don't get it. That money that used to get spent back and forth to people who owned those stores, spent money in town, the money stayed in town, at least a large amount of it. That money all goes out to shareholders of Wal-Mart. It's bleeding the community. Main Street is gone -there's, you know, if Wal-Mart starts selling Christian books, there won't be any stores any place on Main Street. So, anyway, that's all I have to say. Bailey: Thank you. Mary, let's wait and make sure everybody's had an opportunity to speak before we start doing second round. Anybody else want to speak at the public hearing? Sanders: Good evening. My name's Gary Sanders. I'm the Chairman of Iowa City Stop Wal-Mart, and a couple things. First, I want to emphasize I'm not speaking about the Wal-Mart employees who are here in this city and this particular location or the Wal-Mart representatives who are here. I am talking about corporate policy. Uh, for many people, many people like their jobs at Wal-Mart. Many people have good benefits at Wal-Mart. I'm certainly not denying that. I think some of the picture that we're hearing tonight is sort of analogous to the difference between weather and climate. Obviously this has been a cool August in Iowa City -that's weather. It has nothing to do with climate change. The planet is getting warmer -that's irrefutable. The fact that we're having a cool August is only anecdotal, and it's the same. There are many people that like their jobs, but the body of proof, and again, as I mentioned last week, if I could bring in the judgments against Wal-Mart, not simply the lawsuits. The judgments from all over the country from the last 45 years. It would go higher than the ceiling, and that is the fact of the legal record that is available on the Internet to anyone. Um, it's also interesting to me that there've been so few letters to the editor about this, and I don't know how many of you look at the online, uh, comments, but there've been a few people, actually more than afew -some -who have called our group "elitists" because we're trying to keep low-income people from having access to a Wal-Mart Supercenter in Iowa City. An elitist, well that's interesting. That really is. I'm an elitist. And it got me thinking. How `bout Wal-Mart being an elitist for making a profit in the second quarter of this year of $3.45 billion...billion...dollars, which figures in to about $13.8 billion annually. That's a rise of 17% in profits in the second quarter from last year, and yet they can't provide adequate healthcare for all their employees. Whatever anecdotal evidence we hear tonight. And how `bout Wal-Mart being elitist, as well as a flagrant law-breaker for forcing their employees to work through breaks and after they've clocked out, all without pay, and this is in the judicial record. This isn't my little hear say. It's all there. It's all happened. And how `bout the Walton family, God bless them, being worth about $100 billion...billion dollars, This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 13 but they still have to squeeze their suppliers so tight, like Rubbermaid, that they get put out of business and sent that business to cheaper labor in China. And Wal-Mart finally violating the United Nation's Declaration of Human Rights by continually and forcefully stopping their workers from organizing into labor unions. I tell ya, I don't know who is the elitist here, but it's not me. And, really, Wal-Mart is simply a 21S` century of the 19t'' century robber barrens, only now their corporate crimes are committed against workers and stores, and all the while, just like the robber barrens, they're trying to convince America that what they're doing is actually good for the country. And finally, you know, it was brought up about the managers telling people to vote Republican, and I wish Joe Biden were here tonight. I know he's got more important things to do, but in 2006 he was part of the Wake-Up Wal-Mart Tour in this city...in this state, and it is unbelievable to me, unbelievable. They are violating Federal election laws on top of everything else, on top of everything else. So I speak to all of you, all of you, but especially those of you who are politically active Liberals, it is in your purview to reject Wal-Mart's request because they are not like other stores, they're not like Target, Sears, Casey's, Menard's, anybody else. They are notorious and consistent corporate outlaws. The body of proof is there. It is undeniable, and I ask you to do the right thing and vote no tonight. Thank you. Bailey: Thank you, Gary. Others wishing to comment? There's just (mumbled) Elliott: Madame Mayor, Members of the City Council, my name is Aaron Elliott, and I would like to speak on the merits of the local Wal-Mart. We've heard all these stories about the corporate Wal-Mart and what the corporate Wal-Mart has done wrong. But we've not really heard what the local Wal-Mart here in Iowa City has done for the city and for the community. Many of you have heard stories of say what Americans have done say overseas in Iraq. Um, how, you know, Abu Ghraib prison, um, as an example. Americans tortured, um, people who are thought to be terrorists, people who probably are terrorists. Likewise, across the world, Americans have earned a really bad reputation because of many of these stories, but all Americans are bad because of this? No. Are the people in Iowa City bad for the things that happen overseas by a select few and the stories that the media across the world tend to blowup and out of proportion because of say what happens, you know, at Abu Ghraib? No. Likewise, we hear the stories about what Wal-Mart does at a corporate level and we don't really hear, again, what happens at the local level. How has Wal-Mart helped Iowa City, is the real question one should ask. We've heard some wonderful stories today from the employees, um, people who have been employed by Wal-Mart for a long time, both had the options to, um, expand their careers and go into something higher, but chose not to because they're happy where they are. People who have, you know, healthcare benefits, and I'd like to ask the City Council to please This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 14 keep an open mind as to what Wal-Mart does for this community, and what the local Wal-Mart does. How the local Wal-Mart employees act, react; how the managers act to help the, um, the members of this community, their employees, and Iowa City grow. That's what I ask. Thank you. Bailey: Thank you. Balmer: Madame Mayor, Members of Council, my name is John Balmer. I reside at 10 Princeton Court in Iowa City. I want to urge your favorable consideration for this particular, uh, application, and relate to you from my own perspective as a...as a homeowner and a small business person who has been in this community for 50 plus years, and I've seen that landscape change markedly in our business, which is the wholesale plumbing and heating business. We've gone from having many in this state, what I'd call family-owned businesses, to the larger conglomerates, and we've managed to fare quite well. Uh, I don't, uh, I certainly would like to see more of our...of ours surviving, but it's a fact of life. We used to have corner grocery stores in this community. I loved going to the corner grocery store when I went to Horace Mann School. And now we don't have that. Uh, it's the change in the times, and I don't want to pick winners or losers in these situations and uh, for that reason I think that if this applicant has met all the requirements then I think we should proceed ahead and vote favorably. We...we need additional property tax revenue in this community also. It's sorely lacking, and I can tell you as one who is getting their property tax bills, uh, it is evident to us also in the small business community, and I'm not saying that I advocate supporting every, uh, development that comes out, comes down the line. I think you've done your due diligence here, but I would strongly urge you now to favorably consider this particular application because I think it will improve markedly that particular parcel of property. Thank you. Bailey: Thank you, John. Champion: I think for people who don't.. . Bailey: Connie, why don't we have... Champion: I just wanted to tell people that John is a former Mayor and former Council Member. Bailey: Oh, thanks. Thank you. I thought you were starting discussion. Champion: No! (laughter and several talking) Bailey: Other comments? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 15 Ford: LTh, Jonathan Ford, long-time Wal-Mart associates....uh, Wal-Mart associate. The only thing that I want to bring up is, like what these fine people have said, is the total compassion that Wal-Mart has, not only for the community, the dedication, the loyalty they have to the communities of staying inside of it. Not only for that, but the single mothers that are barely making it by and being able to lower the cost, lower the prices, and I want to talk about one other thing, if we're gonna talk about some of the store managers. I want to talk about the store manager that you guys are getting. I've been here for four months now, and I've never seen anybody care about their associates as much as him. Any associate ever care as much about associates to him or care about this community - he has not given up on his associates and he's not given up on the City of Iowa City. I urge you guys not to give up on him, or Wal-Mart. Thank you. Bailey: Thank you. Others wishing to comment before we go to second time at the podium? Okay, Mary? Gravitt: I hear all these arguments against Wal-Mart, but these are after-the-fact about Wal-Mart. Wal-Mart is here. The arguments we're getting against Wal-Mart, if a Wal-Mart was making the initial application, these are the, uh, the arguments that should have been used against Wal-Mart. Wal- Mart is here. And... and originally when Wal-Mart wanted to build a super store, I was against it. But things have changed, circumstances have changed. Iowa City has flushed out all the little malls and strip malls are doing business, even the one downtown which was the last to bloom, because it even...it has benefitted from the flood because the bookstores came and filled up the empty stores. But since Wal-Mart is here, and it's been a good Iowa citizen corporate actor, why not, you know, give it, it's uh, it's building permit and so forth, but...and a word that should terrify you. I'm surprised nobody brought it up -Coralville. Coralville (laughter) killed Iowa City. It emptied it out, like it turned it up like a box and just shook out everything. So, I don't know if...if Wal-Mart's planning to leave town again, but we can't have another Coralville. Whatever they've done internationally, Istill say in the courts, they lose in the courts. They want aunion - have a union. You know, this is America. Just, the neocons took over everything else, but we're still citizens and you have to act like a citizen. You want a union? Have a union. They can say you can't, but you still a citizen. You entitled. So I said, you know, Wal- Mart is here, and if they're paying their taxes, leave `em here. Bailey: Thank you, Mary. Michel: I did forget one point that I originally stood up here to say, and that was that, um, it has been said more than once now how Wal-Mart has told their employees they should or have to vote Republican. I personally have been This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 16 in union meetings, union halls, and listened to them in the 60's and 70's tell me that I had to vote Democrat because I was a good member of a good union, and I didn't like that. So it's kind of tit for tat now, maybe, if that's really happening. And I have no proof that Wal-Mart did do that. Bailey: Thank you. Hacker: I'd like to also say they've helped people like (mumbled) and places get jobs and handicap...people have had jobs there before, and Cedar Rapids has a Target and a Wal-Mart right next to each other and they do very well and it hasn't hurt the city one bit, and Coralville has taken all of our jobs, all of our shopping places away and everything, and it'll bring more money for the place I work at, which is Hy-Vee. They'll bring more people down to that area and if they don't like Wal-Mart, they'll want to come down to Hy-Vee, because that's what they do in Coralville. If they don't like something at Wal-Mart, they come down to Hy-Vee, so it helps other stores. And Hy-Vee has not been killed by Wal-Mart one bit in Coralville, so it'll help the Hy-Vee in Iowa City too. You should see, it hasn't killed stores like Hy-Vee. We can compete against it. It's a good idea to have Wal-Mart. Bailey: Thank you. Fidelis: Libris Fidelis again with, uh, Johnson County Green Party. I'd like to ask a question of every one of you sittin' there. What is it that defines Communism? Communism, pretty much, if you really get down to it it has nothing to do with economics. It has nothing to do with politics. It has to do with mind control. When you have people working at a limited- occupation, uh, commercial unit, such as Wal-Mart, where they have come in and built a store, and they in the small stores have 60 employees who replace 100 to 200 employees in the community, run those small businesses and small business owners out of business because they can't compete, the small business owners who provide special, uh, products that the like to sell, things that they endorse, not things that are the cheapest and the most unified that they can buy on the world market. Those people get run out of business, a hundred stores get replaced by one big Wal- Mart. Now, throughout our country, there is a growing movement for a community-supported business, and that community-supported business is under attack by international corporations such as Wal-Mart. These huge mega-conglomerates, they don't just have one name. You may not be aware, but Ford Motor Company and General Motors are owned by pretty much the same shareholders, and they love it when someone says, "I wouldn't buy a Ford. I only drive a Chevy," and then they love it when someone says, "I wouldn't buy a Chevy. I only drive a Ford," but they're owned by the same shareholders. So they have abuilt-in competition that goes to the same pockets. So when you're talking about having support This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 17 for a business in the community that destroys the community, the end question is, what is the effect of this business to our community? Is it destroying our economic basis for our small family owned businesses in our community? Is it really giving us the benefit of lower prices, when they are supported by subsidies and tax breaks and special considerations? You know, these employees and these managers can talk all they want about how nice they are to each other and how great it is, but I have gone into Wal-Marts and seen their morning exercises where they have to sing and chant. That's Communism, that's brainwashing. And when they know that the only game in town for real employment is a big box international corporation because they can't go into town after these big box corporations have run these small businesses out of economic viability and they have had to close their doors. They have no other place to go. So they're going to support it. So isn't this really corporate Communism? We need to bring Democracy to our country. We need to bring the community-supported businesses back and you can't do it when you're fighting against people who pay, uh, corporations that pay employees $60 a month to make products that they sell, in our upscale communities, to run the smaller businesses out of business. That's the end result, and this is what we're talking about - expansion of the Wal-Mart. They've got their store. Let them come into compliance with all their agreements. Let them try and build their economic base on their own merits, not with the ability of taking tax breaks, of taking subsidies and special privileges. Vote no on this. Bailey: Any other comments? (bangs gavel) Public hearing is closed, and before... Sanders: I was standing up. Really fast, Regenia. Number one, I wanted to praise John Balmer for succeeding at his independent business. If I had a need, 1 would shop at plumber's supply, even though he's a Republican. (laughter) And number two, this is Iowa City. We have attractions that Coralville doesn't have. We have to make decisions as Iowa Citians. Number three, a union telling people to vote Democratic is not a violation of a Federal Election law. What Wal-Mart is doing is. Finally, if the agreement that has been signed was between Ryan Horn or the local manager of Wal-Mart, I would say go ahead, but who is signing it. It is corporate Wal-Mart out of Bentonville. That is who the agreement is with. Thank you. Bailey: Thank you. Before we do first consideration, we need to take a break because.. . Karr: Can I have a motion to accept correspondence? Bailey: Yes. And, please, stop with the applause. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 18 Wilburn: Move to accept correspondence. Correia: Second. Bailey: Um... Wilburn: Moved by Wilburn. Bailey: Moved by Wilburn, seconded by Correia. All those in favor say aye. Those opposed same sign. Motion carries. We need to take a break because I lost my contact. iJh, five minutes. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 8/11) Bailey: Okay, we'll reconvene. Um, my apologies. That's never happened before, so...do we have a motion for first consideration? O'Donnell: So moved. Hayek: Second. Bailey: Moved by O'Donnell, seconded by Hayek. Discussion? Champion: I have a question for Wal-Mart, a couple actually. Bailey: Okay. Um, would you like to hear from the attorneys or... Champion: It doesn't make any difference. Bailey: Okay. Go ahead. Champion: Ryan, would you come to the microphone. Can I ask you a question? Horn: Sorry. Gary was so engaging out in the hallway he made us both late. (laughter) Champion: You Republican or Democrat? No! I'm just (laughter) O'Donnell: Don't ever answer that! (laughter) Champion: LTh, can you tell me, uh, when you build this new Wal-Mart, will you be using any local labor? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 19 Horn: Yeah, usually. I mean, I can't say exactly who and what. That would be up to the general contractor. Typically the way it works is you hire, you know, we'll hire a general contractor with...with large commercial development experience. Typically it'll be somebody from the region. There may not be a local general contractor with that level experience. Champion: I'm talking about regional. Horn: Yeah. It'll be a regional general contractor. Champion: ...locally, or trucked in? Horn: I think a lot of the subs would like, would very likely be local sub- contractors, to do the the work, the electrical work, that kind of thing. Champion: Um, so before we do second consideration, if this passes, could you let me know that? I mean, what the policy is of Wal-Mart on that? Horn: What the policy is? Champion: Whether local materials are to be used, or local contractors, or local laborers. Horn: Well, typically it's done through the bid process, through an...and the bid process.. . Champion: I don't have a problem with that, but is the bid local? I mean, I don't have any problems with the bid process (mumbled) Horn: But will we bring in specific subcontractors from out of state? Champion: Are you going to bring in your own people to build this Wal-Mart, that's my question basically. Horn: No. Champion: Thank you. Uh (laughter) Correia: So is a bid process similar to what we do? I mean, obviously not with the level of... Horn: I'm sorry? Correia: ...legal requirements, a bid process. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 20 Horn: Well, the bid process, you send a project out to bid with major general contractors, uh, I believe we typically give them 30 to 45 days. I could be a little bit wrong about that, um, to bid on the overall construction, according to the plan. Um, and then we...and then we select the bid, and we consider price, you know, overall cost, certainly. We also consider their expertise, uh, we also consider their minority ownership status, um, and there's a lot of different factors that go into that. Overall cost is...is certainly the number one is really with any major project like this. LJh, subcontractors then are up to the choice of the general contractor. Local subcontractors, uh, typically do very well in the bidding process with general contractors because they're local and they know where to get the materials and they understand how to do it with the right quality and to do it inexpensively. Champion: And am I correct in assuming that you, Wal-Mart -not you specifically - have not asked the City for any money or TIF or economic help with this project? Horn: No, no. Uh, we haven't, and in fact, we're taking on a very significant expense, um, in...in demolishing a couple of blighted buildings. I mean, we...it's been talked about, is the demolition of... Champion: ...comment on that, you said you're taking down some blighted buildings. Horn: I'm sorry, empty buildings. Champion: Okay, but isn't this area all owned by Wal-Mart. I mean, isn't it your blighted area? Horn: It is not owned by Wal-Mart. Champion: Okay, thank you for clarifying that. Bailey: Other questions for Mr. Horn? Thank you. Horn: Thank you. Bailey: Further discussion? Further discussion from Council? Wilburn: Well, I just want to thank everyone on both sides for coming down and expressing your opinions. Um, I won't call other communities into question, but in Iowa City we can always count on lively discussion. Um, as was pointed out, um, Wal-Mart is already in the community, and this is not a request for a tax break. This does not include tax breaks. This is a land-use question, it's a rezoning. And corporate citizenship, uh, some of the very salient points that were brought up on both sides here this evening This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 21 are not part of what we consider in commercial land rezonings, or residential, whether we like what a commercial business does or not, based on, uh, land use or whether we like a private citizen with their residential rezoning request. We do not, um, make those type of considerations and it was also pointed out this evening whether it be the courts or through, um, requests for financial assistance at the local level, uh, with those other types of things are considered, or state or federal offices where those types of decisions are made. Um, again, Wal-Mart is already here. It's already a, uh, big parking lot with several buildings on it, um, and so in terms of the use of the land, I consider this an appropriate reconsideration, um, as part of this rezoning and Conditional Land Use Agreement, and would look for staff and Council before the permits are issued, uh, at final approval, that uh, that all the conditions of the Zoning Agreement be met. Bailey: Other comments? O'Donnell: Well, I agree with what Ross said, um, I for one do not shutter when I hear the name Coralville. Um, Iowa City has many viable businesses and we will continue to grow. Um, as one who participated in the floods by tying sandbags and piling thousands of sandbags, I watched Wal-Mart as they brought water out to the workers who were tirelessly piling these things, and they ran out and they went to a distribution center and brought in more. I'm hearing words like Communism, uh, I think one of the main responsibilities of the Council is to create tax revenue, uh, to help pay for the things that we all value in this community. So, I think...I think that's very important, um, we also do live in the day of $4.00 gasoline and we live in rising food prices, seniors on fixed incomes, and many people are, quite frankly, not just making what they should. Wal-Mart provides an opportunity for people to go and work and get benefits and 401K. We've heard from the employees, so I'm very comfortable with Wal-Mart expanding in Iowa City, um, they're already here and it's the responsibility's job to create new businesses and expand existing businesses, so I would gladly support this. Wright: I think you were (coughing) I think, Mike, you and Ross have both made some very good points. I disagree though with one basic thing. The basis of (coughing) excuse me, we're heading into high allergy season. Uh, the basis of zoning is not just for the benefit of property owners or for the City. You have to consider the, uh, the health, safety and general welfare of the community, and when I look at the Conditional Zoning Agreement at the most basic level I look at the original Zoning Agreement, Conditional Zoning Agreement, its 1996 amendment. Is the current Zoning Agreement, and I have questions of whether or not the initial one was correct (mumbled); the second amendment was correct in whether or not at this point in time, for a number of reasons we want another big box This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 22 store to be a major gateway to our community, um, there are a number of reasons I have concerns about this. That's one. The general aesthetics of the property. Um, and you know, I'd be disingenuous if I didn't say I have serious doubts that we're dealing with a good corporate citizen. Bailey: Other comments? Correia: Well, I agree with many of the concerns offered by the Stop Wal-Mart folks, um, and I appreciate everybody coming out tonight. It's, um, there's a lot of new faces. We often see a lot of the same faces coming before Council, so it's really good to see folks taking a risk and coming out and talking before Council and before the cameras, um, I've spent a lot of time thinking about, um, this vote and um, considering lots of different issues, um, around what is at issue here, uh, I think it would be a different consideration forme if this was stopping Wal-Mart. If this was back in the 80's whenever there was an effort, um, and I do think that there have been many negative ramifications of Wal-Mart coming into small communities, um, but unfortunately, the train has left the station, and while I may not identify this as progress, it is reality, um, and I recall a conversation that I had years ago with, uh, someone I respected very much who was working on women's rights, um, workers' rights in the developing countries and the sweatshops, and she was being asked by, um, me and others, you know, what should we do -should we boycott clothing that are purchased, um, through...at these sweatshops, and she said, "No, you should work to change the, um, change the institutions, change the laws that allow these, um, industries to continue," um, and so I think, uh, in an economy where costs are rising and um, and wages aren't rising, or where we do have workers' rights being violated, it is our responsibility to use the courts. That's what they're there for, um, and to use the, um, strength of the dollar that we have, um, but in...some of the folks that I talked with and the folks that I work with don't have the luxury to decide, "I'm not going to save $40 this month," and so we need to work on, um, pressuring, um, Wal-Mart and other industries, um, to do the right thing, and it's surprising, it's a large corporation that there are issues. Our own beloved University of Iowa has a checkered past regarding sexual harassment, and racial discrimination, and so I think it's difficult to, um, point fingers in one direction, um, I do think that there are benefits, um, to our community, to this area of town. I do think it is not, um, I don't like the look of empty buildings sitting for a long time. I think Hy-Vee doesn't have enough competition, um, and whether, um, I do live in the United States where capitalism is our mode of our economy, and I might not like it, um, but in this situation, um, it'd be really easy for me to sit up here and say I would vote no, um, and put myself in a Liberal box, um, but that doesn't feel like the right, uh, vote for me tonight. So I will be supporting the CZA. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 23 Champion: Well (mumbled) I'm also going to support this, because it's my business mind that tells me to support it. It's not my Liberal mind, or my sense of doing good business with...for employees, but my business mind tells me that the City needs this tax revenue. We're trying to staff a Fire Station, um, I do think there are people who shop at Wal-Mart because there are lower prices, uh, on some goods -not everything. I think those of us who don't believe in their employee concept do not have to shop there, and so this is a business decision - a City business decision -and so I am going to support it. Hayek: Um, Wal-Mart's a divisive topic -there's no doubt about it, and that, uh, divisiveness is not going away any time soon. One of the challenges sitting up here for us is to, uh, remember as we go through this process what this application's about, and what our role is in reviewing and deciding on this application, and um, it's important to remember that this is an issue of land use. This application, uh, complies with, uh, the Comprehensive Plan. It does not effect a change in underlying zoning designation. Um, I'm not convinced that there has been a breach of the existing Conditional Zoning Agreement contract, and unlike many developments in this area of town, this particular, uh, application has gone through...has, has endured considerable involvement on the part of City, on the part of the City of Iowa City, uh, starting with the Planning and Zoning Commission, uh, which had a lot of review, uh, and also, uh, our Planning staff, which, uh, asked Wal-Mart to do a number of things, and...and that's not exactly a situation where you, uh, where you are going through a planned development process where, uh, certain things can be extracted by the City in order to change the zoning designation - things like that, but asking for this change in the Zoning Agreement is analogous to the planned development process, in that it has allowed the City to, uh, request of Wal-Mart certain things they have agreed to do, and you see it in the site plan with the massive expansion of green space and the layout of...of the entryways, uh, and the architecture itself, um, that's not something we typically even get to do when we're considering, um, applications like this. I don't view it as a favor from the City. I...there is no subsidy, that much has been made clear, um, I very much appreciate the concerns about Wal-Mart's corporate citizenry. Uh, I have followed that for many years. I'm the owner of a small business myself, uh, and I'm very much appreciative of those views, but the appropriate forum to air those grievances is not this City Council. As has been said before, this is not a court system, uh, it's through our state and federal labor departments. Um, there was a New York Times article supplied by the people in opposition to this application, citing, uh, judgments in courts and...and penalties from governments concerning labor violations all around the country of huge amounts, and that to me shows that grievances, labor grievances in particular, do have a means of being heard, uh, and...and the grievances are being, uh, dealt with, with great consequence This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #5 Page 24 to Wal-Mart. So, that's the appropriate forum, and with respect to concerns about Wal-Mart being a modern day robber barren. If my history books, uh, my history lessons haven't been forgotten, those issues were dealt with, uh, in the early part of the 20th century through anti-trust legislation and labor law reform and things of that nature. So, our legislatures are the appropriate place to turn, uh, for...for additional help. Um, we need growth in Iowa City. We especially need to expand our commercial tax base. Uh, we had some numbers last night at our work session, uh, that show that our numbers are getting tighter, our budget is facing, uh, increasingly difficult, uh, environment. The floods were no help in that regard. We have to expand our tax base. Um, I'm going to support this. Bailey: Any other comments? Um, the people who are not supportive of this have called upon us to consider what our personal values are, and to, um, make policy decisions based upon those personal values, and that might be an easier thing had the question presented to us been a different one. As has been pointed out here, the question is land use, and is this an appropriate land use, and a second question that I have carefully considered myself is, do we have enforceable Conditional Zoning Agreement? Um, are we doing our due diligence with our contract with this corporate citizen, and as indicated there are timelines in this particular agreement that will make this far more enforceable than perhaps, and I don't believe there was lack of,.um, compliance with the previous agreement because it had timelines, but that has been brought to bare -that we have different opinions about this - but I think that this agreement is far more enforceable. So, is this appropriate land use? I have to answer yes. Is this an enforceable contract? I have to answer yes. Had you asked me if I appreciate big box stores, I...I would say no, of course, that's a we11...I've been very vocal about that, or large parking lots or any of these other questions, or labor violations - no! I don't dismiss the concerns that have been brought here, um, as has been pointed out, there are other places to deal with those, and an additional place to deal with those is through consumer behavior, not only not shopping at places you don't support, but actually shopping at the places you want to see grow and flourish in our community, and we don't see enough of that. We see a lot of verbal support for our small businesses, but very often we don't see a lot of consumer support for those. Um, so the question is land use, and the question is our ability to have an agreement that's enforceable with this particular corporation, and I think that we have that in front of us, and I'm going to vote to support this. Are there any other comments? Seeing none, I'll call for a roll call. Item carries 6-1; Wright voting in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #6 Page 25 ITEM 6. DECIDING THE APPEAL TO CITY COUNCIL OF THE DECISION OF THE HISTORIC PRESERVATION COMMISSION REGARDING THE CERTIFICATE OF APPROPRIATENESS TO ALTER THE ROOF SLOPE WHEN REMOVING THE BUILT-IN GUTTERS ON THE BUILDING LOCATED AT 803 E. COLLEGE STREET. a) PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) The public hearing is open. Christina, did you wish to speak to this at all? Kuecker: Madame Mayor, and Members of the Council, I just wanted to give a quick, uh, summary of the, what happened in front of the Commission, and also introduce the Chair of the Historic Preservation Commission. Lindsay Eubanks is sitting here, um, and if you have any questions for her, she'd be welcome to answer any of those. Um, the work on this property, uh, I did bring a few slides, um, the work on this property started without, uh, without a building permit on the roof, and uh, a citizen, uh, reported the work happening. It is a apartment building, commercial structure, so any roofing work does need a building permit, and subsequently needs a historic review in a historic district. The applicant then submitted, uh, his application for historic review, saying there would be no alteration in the way the building looked, that there would be no exterior change. The Chair and staff then issued a Certificate of No Material Effect, essentially because the building would look the same after the reproofing, as before. When the roofing was done, the, as you can see in this photo, the, um, that was from before the work. The roof came down and then flared out. After the work was done, the roof slope had been straightened and the built-in gutters had been removed, and um, the soffit under the roof had been significantly lowered, um, as you can see previously there was room above the windows for a freeze board and brackets, and that appropriate space is no longer available. Um, I told the applicant that this was not in accordance with the Certificate of No Material Effect and it had to go in front of the Commission, um, the Commission did consider it, and um, voted uh, two in favor of leaving the roof this way and four against, that they need to be returned back to its original state. Um, the applicant then, um, asked for a reconsideration, as he was unable to attend the first meeting, and at that, at the reconsideration the vote was four to keep it as is, and four to return it back to its original state. Um, and in a tie vote, the, um, motion fails and the motion was in favor of keeping it this way. Um, the Commission did act in, um, uphold its guidelines. There are two pertinent guidelines for this, um, one is that when covering or removing built-in gutters, the roof slope shall not change, and the other one is that...that the demolition of significant architectural features, um, the demolition of architectural features is not allowed, um, and in this case the This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #6 Commission determined if that flare on the roof was a significant architectural feature which had been removed. Bailey: Are there... Champion: Can you go back to the slide before? Please? Thank you. Page 26 Correia: And so how do you, how was the determination made that that is a significant architectural, I mean, I read some of the minutes, but I mean, is there.. . Kuecker: The Commission did discuss it in quite a bit of detail and it was determined that on a lot of buildings of this style, that flare was present at the roof line, and by removing that flare you change significantly the way the building looks. Um... Bailey: Other questions for Christina? Kuecker: You have any, um, Lindsay's also available to answer any questions that you may have about the Commission's discussion. Eubanks: Hi, my name is Lindsay Bunting Eubanks, sorry, um, I just wanted to, um, sort of represent the arguments for and against, `cause it might seem sort of like a small matter. Um, the things, the arguments against were that it didn't comply with the guidelines, and that we have asked people to change things back in the past that didn't apply...that didn't comply with the guidelines. Um, so it sort of undermines our ability to keep those guidelines, and that they did the work without a permit, and the whole idea of not bending the rule for one case, so that, um, others don't just think they can do work and not get it approved or not, um, other people have been able...had to do really expensive...expensive and extensive repairs to, uh, properties. Um, the arguments for from our Commission were that there was miscommunication between the contractor, the owner, and the Commission as to what their duties were regarding the Certificate of No Material Effect. Um, so that's a problem that our Commission is currently addressing, trying to get more communication out there to contractors and to real estate agents on what it means to be in a historic district, what are common problems of historic renovation, what you need a permit to do. Um, there are also financial concerns on behalf of the applicant. Um, his property, the two chimneys fell in when he was trying to do work on it. So he removed the chimneys and we okayed that change. Um, he also has water coming in to his basement, etc., etc. There's a lot of problems with the property, and another argument for is just making historic preservation user-friendly, making it something that people want to do and want to put their money for. So, just to let you guys know what the, why it was so split. Um, we didn't want to tell other applicants that they could just have This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #6 Page 27 any exception they wanted, but on the other hand, we want to make it user-friendly, we want people to want to preserve historic properties, and we want our downtown to look nice. Um, so... Correia: Can you go back to the next slide? Eubanks: Thank you. Bailey: Thank you, Lindsay. Is the applicant here? And wishing...wishes to speak? Okay, others wishing to speak at the public hearing? Ponto: My name is Jim Ponto. I'm also on the Historic Preservation Commission and at the first consideration of this, uh, both the Chairman and Vice Chairman were out of town, so I acted as Acting Chairman at that meeting. So a lot of the initial discussion and in the minutes and so on, uh, I was actively chairing that meeting. One thing, uh, that we discussed was not only, well, mentioned architectural significance. It's not only the flare of the roof, but what it does underneath the roof. It brings the soffit down to the point where it's right at the top of the window's beam, versus up above the window. So it's kind of like if you were wearing a hat and pulled it down over your eyebrows. It's...it's not only the roof line, but the...the face of the building, as well. Obviously there's a lot of opinions of what is architectural significance, and within our Commission there is difference of opinion, and that's good to have that diversity. The other thing that we talked about is, if this were proposed, uh, before it was done, would we have approved it? That is, we were trying to not let the fact that it had already been done factor in to our decisions, and um, so I was trying to lead the discussion that way. Again, there's, uh, diversity and difference of opinion on the Commission, and as Lindsay said, uh, there's a split vote, but that's again some more background for you. Thank you. Bailey: Thank you, Jim. Anybody else wishing to speak at the public hearing? Okay, public hearing is closed. (bangs gavel) (several talking) b) CONSIDER A MOTION Wright: I'd make one, but I'm not sure what it is. Champion: ...to deny the appeal? Or... Dilkes: Your motion would be in the form of either to affirm the decision of the Historic Preservation Commission, to reverse the decision, to modify. Champion: I move to affirm the Historic Preservation Commission's decision. Wright: I second. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #6 Page 28 Bailey: Okay. Moved by Champion, seconded by Wright to affirm the decision. Eleanor, did you have any comments about the (mumbled) what decision we're making here? I mean...how we should... Dilkes: Um, well, if you look at the comment that's in front of you to this item, it's got the standard...what we call the standard of review, um, and essentially...if...ifynu determine that a reasonable decision was made by the Commission based on the guidelines that it had in front of it, and it followed the rules and the procedure, then...then you...then you're, then the only position you're in is to affirm the decision. Um, you...you're...what you're here to decide is whether they exercised their powers and followed the guidelines established by law, and...and um, whether their action was patently arbitrary or capricious. So, while you might look at these two houses and think otherwise, if you...if you were the decision maker -that's not enough to overturn the decision of the Historic Preservation Commission. Reasonable minds can differ, um, you might have made a different decision, but if you think the decision was based on the law, and um, was not arbitrary, then you need to affirm. Correia: Well, and that's why I asked the question about the architectural...what was the terminology (mumbled) Bailey: Significance. Correia: The architectural...the architectural significance, um, I'm wondering if that is...if that determination was based on opinions, um, you think it's architecturally significant, um, some do, some don't...or whether it's their, is, um, documentation of, I mean, having some...other houses have similar architecture, um, from the same time period. I mean, I don't know. Does that mean it's architecturally significant, or is there other...you know, historical information about a certain way of having a roof. Because the other thing that I...my question is, if something is architecturally significant, let's just say in the, and I don't know if this is based on fact from the minutes, but what I read, if I remember correctly from my reading, is that the owner made reference to ice dams from this winter, um, and...as a contributing factor to the build-up of those ice dams, the way that roof was constructed back in the 1883 or 1884, um, so do we consign a building to having an architectural feature that is not conducive to, you know, health and safety of the house and the occupants. Wright: I don't think we can bring that into bear, whether or not it's a design that is subject to ice dams. The question is, was that feature historically significant. Correia: Right. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #6 Wright: And ice dams aside, that's where we need to focus. Correia: So I guess I'm not sure if it's, um, I mean... Dilkes: Actually the question is not for you whether it was architecturally significant. Correia: But that's what they used. Dilkes: But that's, you see, the question is a little bit different. Correia: Okay. Page 29 Dilkes: It's not...would you decide that it was architecturally significant, and based on what. It's whether the decision of the Historic Preservation Commission that it was architecturally significant is a reasonable one, and based on the guidelines. Correia: And that was my question - I can't evaluate whether I think it was in a reasonable...it was a reasonable...that it was reasonable for them to say it was architecturally significant if I don't know that it is. If it was opinions - oh, I've seen five other houses, or there's other houses with this feature - does that mean it is architecturally significant, or does that mean, based on observation in one block of streets, you think it's...that's my question. Dilkes: Well, then you should ask that question of the Commission. Bailey: Christina, I'm sure that there are standards and our guidelines are pretty, um (mumbled) Kuecker: Quote really quick from the, um, removing, it says: removing any historic architecture feature, such as porch, chimneys, bay windows, dormer brackets, or decorative trim, um, that is significant to the architectural character and style of the building. This is an eclectic style building. It's. um, Italianate and Queen Anne and the brackets and that freeze board above the windows would be distinctive architectural elements of this style of building. Correia: Well, I think they're putting the brackets back in, because I did walk around the house. Kuecker: They are, um, the...the issue with that is that there used to be the room above the windows for the brackets and the freeze board, and now there isn't. As, um, this is how it was before and this is how it is now. There's not room for the appropriate architectural features that would be present This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #6 Page 30 on this house, because of the change in the roof slope. As Jim said, it's like pulling your hat down too far. Wilburn: Excuse me. For me, um, that's what they were discussing and having a disagreement about, and if that's what they were discussing, then they're following our rules. And so, um, I can't get...I can't get into that argument, but that's what they were basing their argument and disagreement about, so in my mind they were not acting arbitrary or capricious. Those were the...those were the...uh, that was the content of the discussion, whether they agreed or not, and so for me, um (mumbled) Wright: Yeah, I agree. I believe the Commission absolutely followed their guidelines and acted appropriately, according to them. Champion: Well, that's certainly...this is a significant change, because I can see that, not that I have a judgment, but I don't (mumbled). I like that picture -it's good. Bailey: Other comments or questions? Hayek: Um, I appreciate the focus on our standard of review. It's...it's critically important, but especially so in this case because it would be very easy to come down on the other side of this, aesthetically or architecturally, that, you know, this isn't so bad, etc. It's not what we're here to decide. I think our hands are somewhat tied and...and I can't find any evidence of an arbitrary or capricious decision making process at all. In fact it looks like this was discussed to great length, and people put a lot of time into this. So, um, I mean, it's important to affirm this. Having said that, I...I hope we can make improvements in the area of communication going forward, um, the last thing we want to do, and you're talking to a guy who restored a 1926 Craftsman house. Um, I believe in preservation. The last thing we want to do is dis-incent people from doing that, and um, those who own and live in historic homes, um, are not so much the concern of the City, because they tend to take care of them and remodel them and maintain them. It's people who are landlords, uh, and who own homes in historic districts that should be our concern. We want them to invest in their structures. Um, we don't want to discourage them from doing that, and uh, I just hope we can focus, maybe the Commission can talk about that a little bit, what steps can we take to encourage investment by landlords in historic homes that happen to be rental units? Bailey: Other comments? Well, I appreciate Lindsay's comments about the consistency, um, that the Commission is seeking. They have certainly asked owners to redo things that were in violation, and in spending five years of reading these minutes, I know that other built-in gutters, um, covering them have been allowed, as long as the roof line hasn't changed. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #6 Page 31 So the Commission has been very consistent in this, in considering whether, um, we're asking homeowners to do something that actually isn't good for the health and safety. You're very cognizant of that, so I think that this, um, balances interests, and I...and I could not find that this decision was in any way arbitrary or capricious, as...as Matt said, it was discussed quite thoroughly. So, I'm prepared to affirm this decision as well. Further comments? Okay, all those in favor of affirming the decision of the Historic Preservation Commission say aye. Those opposed same sign. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #7 Page 32 ITEM 7. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $18,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2008B. a) PUBLIC HEARING Bailey: This is a public hearing. Public hearing is open. (bangs gavel) Kevin, did you have any comments? I see you there. O'Malley: Honorable Mayor and Esteemed Council, I wholeheartedly recommend that you pass this resolution. The market looks pretty good right now to do these for funding. Uh, you never know when it can change, so getting it in place would help facilitate some savings down the road. Thank you. Hayek: Can you just add a little meat to that so the public understands what... O'Malley: What we're doing tonight on these three issues, or five issues. Three issues we have set a sale date for September 9th, the other two possibly October, in October. Um, these issues were all in the 90's and early 2000's. The interest rate environment was pretty high at that time, and right now with the interest rates dropping, um, we're able to refinance those and save, um, about 3 to 5%, depending on the issue. Most of that will be over ten years time. I think, uh, I'm trying to remember the dollar amounts. I remember the sewer one, we're going to save $2 million, and what that does when we save those monies, that means we won't have to come to you and ask for rate increases, because we obviously our fuel costs and operating costs go up every year, but if we can save on the financing side, and our debt service in sewer fund is quite significant, that reduces the coming to you and asking for rate increases. Makes it more affordable living in Iowa City. On GO side that reduces the, um, debt service so it keeps your property taxes flat as far as that's concerned, as far as the debt service levy. Champion: You do have 938,000 savings on that one. Wright: That's pretty substantial! Champion: That's a lot of money! O'Malley: I thought that was close to nine, and the water I think was about $407,000. And then the other two issues, um, are not callable right now so those will be advanced refundings, and that's why I'm going to wait another couple of days, about two weeks, according to, uh, our bond attorney says we This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #~ Page 33 have to wait about two weeks before we put those on the market, uh, and if the market stays the same, I'd like to do that in October. Thank you. Bailey: Thank you, Kevin. Thanks for being here. Anybody else wishing to speak to the public hearing? Public hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Wilburn: Move adoption of the resolution. O'Donnell: Second. Bailey: Moved by Wilburn, seconded by O'Donnell. Further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #8 Page 34 ITEM 8. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $27,000,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008C. b) CONSIDER A RESOLUTION Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. Wright: Second. Bailey: Seconded by Wright. Discussion? Wright: Just point out that refunding these bonds results in a savings of what we see as about $1.2 million. Bailey: Thanks! Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #12 Page 35 ITEM 12. AUTHORIZING CONVEYANCE OF AN EASEMENT TO MIDAMERICAN ENERGY FOR UTILITY LINES AND A SWITCHBOX. b) CONSIDER A RESOLUTION Wright: Move the resolution. Bailey: Moved by Wright. O'Donnell: Second. Bailey: Seconded by O'Donnell. Discussion? Roll call. Dilkes: Just to let you know, there...we've made a couple changes to this easement, um, I don't think you probably would care about them, um, so I didn't give you a new copy, so.. . Bailey: Do we care, Eleanor? (laughter and several talking) Dilkes: Okay, next time I'll give you the copy. (laughter) Bailey: Okay, roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #13 Page 36 ITEM 13. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. b) CONSIDER A RESOLUTION Champion: Move the resolution. Bailey: Moved by Champion. O'Donnell: Second. Bailey: Seconded by O'Donnell. Just to let the public know, this is a project to, um, upgrade at the water treatment plant to allow automatic transfer to generator power, which is a good thing, um, right now we have to do that manually. So that's what this project is about. Any other discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #14 Page 37 ITEM 14. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK FISHING PIER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. b) CONSIDER A RESOLUTION Champion: Well, I would like to point out to people that... Bailey: Can we have a motion first? Wright: Move the resolution. Correia: Move the resolution. Bailey: Moved by Wright, seconded by Correia. Now you can...discussion? Champion: Um (several talking) I really like the fact that this is going to be a handicap-accessible fishing pier. We've had a lot of demand for it. I think it's really going to be nice for people to be safe on it and be able to fish. Bailey: I agree with you. (several responding, laughter) Correia: I have a quick question. Is this fishing pier able to get a kayak or a canoe into the water from here, as well? Trueblood: Seems like a long walk to say no. Correia: Okay (laughter). Trueblood: There is kayak and canoe access in a different part of the park. Correia: Oh, okay. Trueblood: Into the river. Correia: Okay. Trueblood: But this one will not accommodate that. Correia: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #14 Page 38 Bailey: Other questions...comments? I think this is a nice addition to the park and I think it'll be good for the lake out there. Okay. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #15 Page 39 ITEM 15. AUTHORIZING AMENDING THE REAL ESTATE CONTRACT EXECUTED ON NOVEMBER 21, 1995 WITH HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) FOR THE SALE OF 1926 AND 1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA. b) CONSIDER A RESOLUTION O'Donnell: Move the resolution. Bailey: Moved by O'Donnell. Champion: Second. Bailey: Seconded by Champion. Discussion? (mumbled) Correia: I know Alex who is here...had a question last night at the work session about the reason for needing the one-year extension. Axeen: When we had talked about a year or so before it was due and were under the understanding that it was going to be renewed for some amount of time, and then when we were told it would not. It didn't allow us a lot of time to adapt to, uh, and we're very, very grateful that we have this chance to go out and do it correctly, and we will do it correctly. And it's really a win for the City. I know I've participated in a lot of affordable housing discussions with the City, and uh, when...in a year from now, that money will come available, the $80,000, $90,000...whatever it is, but you will be able to use and... Champion: But there have been regular payments made, isn't that correct? Axeen: Excuse me? Champion: There have been regular payments made. Axeen: Yes, yes. But it's, uh, in a year then you'll have that money to...and it's when we need it right now, we do need affordable housing...be good seed money to get some projects going. So... Wright: So you do anticipate being able to make the balloon payment next year? Axeen: Oh, yeah, yeah, there's nothing...it's just arranging the financing and getting the best deal. We've done bond financing before on projects, and uh, we built a senior center (mumbled) bond financing, and uh, it is, you know, but it does take time and to do it right (mumbled) doing it in the short-term is hard. It will be done. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #15 Page 40 Bailey: Other questions for Al while he's at the podium? All right, thank you. Further discussion? Hayek: Do we know what the City's forbearance on this payment for a year's time will cost us? Bailey: Doug, can you... Boothroy: It will cost...we will actually continue to make the same interest rate that we made in the last five years, which was over 5% on our investment, uh, so, uh, we actually do not, it doesn't cost us anything. If we were to put this into a savings account (mumbled) it's 3 1/2. This is a 5 1/4 so it does not cost us anything. Hayek: You pushed back the principal or the balloon payment, but the interest continues to occur. Boothroy: Same payment, same interest accruing, and stuff like that, and this...not only does it help them, but we need to come to you and we need to plan what we want to do with this, and this is the time to do it, uh, and look at the alternatives, and we'll do that in the next year. Hayek: Okay. Bailey: Thank you, Doug. Any other questions, comments or discussion items? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #16 Page 41 ITEM 16. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," TO DECLARE ADDITIONAL AREAS AS NONSMOHING PLACES AND TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," TO INCREASE THE FINE FOR LITTERING IN CITY PLAZA. (FIRST CONSIDERATION) Wilburn: Move first consideration. Correia: Second. Bailey: Moved by Wilburn, seconded by Correia. Discussion? Eleanor, would you just like to highlight...I think there were some amendments that we received tonight. Would you just like to highlight those for us? Dilkes: Sure. Um, the first one is at, uh, l.b., and last night the Council indicated that it wanted to allow people to smoke in their private vehicles located in municipal parking ramps, um, so that wording was changed, although in discussing this with, uh, Terry Trueblood and Sue Dulek in my office, we realized that there was going to be an issue with the Farmer's Market because, um, we don't have a separate no-smoking in the Farmer's Market. We just, we're covering it because it's in the ramp, so there's...there was some concern about, um, people smoking in vehicles in the ramp during the Farmer's Market, which is why the rest of the language there is so that you can smoke in your privately owned vehicle in a municipal parking ramp, as long as the...you are not in the Chauncey Swan Ramp during the Farmer's Market. (laughter) Bailey: Okay. Dilkes: Okay, then the second one, um, was as Terry indicated last night that it had been his intention not to recommend, um, no smoking in all of Mercer Park, but just the baseball, softball complex, and so we made that change at f. Bailey: Okay. All right. Champion: Well, I just have one question about the Farmer's Market. Um, because we had the garage sale over there, do we want to say unless the ramp is having an affair...I mean, not an affair, but an event? I never heard of an affair with a parking ramp, but (several talking) yeah! Correia: But you would still want there to be no smoking.. . Champion: That's what I'm saying! This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #16 Page 42 Correia: There is no smoking at the... Champion: ...at the Farmer's Market, it doesn't say event. Bailey: But you can only smoke in your car. Dilkes: I think it was particularly...there's been issues, as I understand it, with vendors at the Farmer's Market who wish to smoke, and...and not wanting them to do that in their car, but have to leave the market. So that...that issue I don't think is necessarily present in the rummage sale. Bailey: Further discussion? Wilburn: I disagree with the notion of, uh, smoking in the vehicle while it's in a city facility, the parking ramp, but uh, based on that provision (mumbled) in this, uh, ordinance that I'm going to support it, um, and just a clarification, um, as presented to us last night, in the Pedestrian Mall where...looks like no smoking near the Library, um, from the alley on Linn Street, up to where Pedestrian Mall, which is, uh, is that Washington or College? College Street, uh, on past between the Library, the Plaza Towers, uh, the playground area, and up to and including the fountain area (mumbled). Dilkes: That's right, and there's a diagram of that area attached to the ordinance. Wilburn: Couldn't look at it because my link's not working. That's my problem; otherwise, I support it. Bailey: Further discussion? Wright: I'm supportive of this as well, yet I expressed my concern last night because we're creating quite an interesting little patchwork with this, but uh, I...I think the restrictions need to start some place, so, I'll certainly support it. Champion: Well, I think it's a good ordinance. I think it...it creates areas that will be non-smoking. It doesn't force smokers to go to one place, which may really irritate somebody, um, like the business that they're going in front of, but I also think it provides for helping to keep our youth from starting smoking by not exposing the people who are (mumbled) and I think that's going to be, what do you call it? It's a passive education. And that's important. Wright: A starting place. Champion: Yes. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #16 Page 43 Hayek: There is a certain patchwork element to this, but I've studied this pretty closely. I think there is a method to the madness. There are several, um, basic criteria we're basing this on, um, entertainment areas, areas where children gather, uh, places where sports are...are played, and furthermore with respect to the Pedestrian Mall, and you have I think wisely selected a very defined geographic area, um, which makes this a more understandable ordinance to enforce. I think we've done a good job of creating as much clarity as we can, so I'll support it. Correia: I'm interested if, uh, I mean I believe this will pass this evening, um, and we have in here that no smoking during, uh, the Homecoming Parade and I would like to have that in place, if possible, this year, which would mean we need to collapse the second reading. Champion: We can certainly do that. Correia: That's just to let staff know so there's signs prepared and plan to let the public know. Dilkes: Well, I don't...I don't know how the signs, I mean, we didn't anticipate that that would happen before the Homecoming Parade. I assume that we can get some signs made up, but it's not going to be a whole lot of notice to people about the Homecoming Parade. Um... Lombardo: We have a staff meeting tomorrow. We'll discuss this and see what type of strategy we might be able to bring to bear. It is short notice, but we'll figure out a strategy and at least let you know what we're able to do or not do. Bailey: Well, and you mentioned probably it would be enforced through temporary signage. So, I mean, that would...I think that was our level of expectation. Correia: And I wonder if we can.. . Lombardo: The other question is to whether we can even get signs in that...there's some things to explore, but if that's your interest for us to look into it, we...we'll talk... Dilkes: I mean, we're gonna have... so the ordinance is not, when would the ordinance be effective, when would it be published, Marian? Karr: The typical publication date would be, um, trying to think...would be the Wednesday, the 17tH Dilkes: And the parade is when? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #16 Page 44 Bailey: The 26th, the following weekend. Karr: It's the following weekend. Bailey: The last weekend of September, the Friday night. So, okay. (several talking) Dilkes: Last night was the first time we talked about the Homecoming Parade. Hayek: Why don't we make the very first float a no-smoking sign? Parade it out and just warn people (several commenting) Correia: Well I also wonder if this is...we pull in our UISG liaison to start talking with the Homecoming Student Committee. I mean, I think that...a potential partnership with them, they maybe producing signs. I mean, the University's gone smoke-free. It's not too far of a stretch maybe just to maybe (mumbled) Bailey: Okay. Champion: Move first consideration. (several talking) Bailey: We would just like the roll call, I think. Is there any other discussion? Connie would like to move this along. Lombardo: Madame Mayor? Only to say that, uh, staff will do our level best to monitor this and let you know the challenges that we may or may not face in terms of enforcement, just to keep you apprised of any...there are going to be growing pains, certainly, with any new ordinance, and we'll do our best to keep you up to date on that. Bailey: I'm very confident citizens will be monitoring this, as well, so you know that you're not in it alone. I've heard from quite a few people who are indicating that they're going to keep an eye on this and see how well it works, and bring us, um, bring any concerns to us. So, roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #17 Page 45 ITEM 17. CONSIDER AN ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO MAKE THE DEFINITIONS AND OTHER PROVISIONS CONSISTENT WITH THE ZONING CODE AND BUILDING RELATED CODES AND TO INCREASE THE SAFETY OF OWNER OCCUPIED AND RENTAL HOUSING. (FIRST CONSIDERATION) Champion: Move first consideration. Bailey: Moved by Champion. Wright: Second. Bailey: Seconded by Wright. Discussion? Wright: Um, I really think this is a good...good update to the Housing Code. I think probably the most significant thing I can say in favor of this is that this helps our code more completely meet the spirit of the, um, 2003 Housing Relations Task Force report, um, there's some updates here that I think are...are...are excellent, um, I particularly like the, uh, clarification of the language to make it a little bit more in sync with our code. Um, the. uh, changes in the issuance of the permit, uh, L ..I think this is just a well done piece of work. I wish it happened a few years ago. Cate: Um, Norm Cate, Senior Housing Inspector. One thing I would like to add, uh, that the document that you're looking at now, there has been an addition, a late addition, to the... Karr: There is a handout. Cate: Okay. Karr: The loose one. Cate: And that is an update on the, uh, definition section of "Occupant." I'd also just like to briefly say that, uh, the bulk, the vast bulk of this, uh, document is really just updating or citing passages, and uh, updating the language, uh, and getting it in sync with the code. Wright: And a certain amount of clarification as well. I was going to ask you about the, uh, that the definition of occupant and resident - I'm glad to see that was altered. . Bailey: Further discussion? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #17 Page 46 Hayek: ...a good move. It clarifies some things that need clarification. I think it's important that we do address the issue of indoor furniture being, uh, used outdoors, um, and I particularly like that this was vetted with the Iowa City Apartment Owners Association. In fact, some modification... further modifications made based on that meeting, so I will support it. Wright: Actually, Norm, I do have one question for you. I...sorry, I just remembered this one. Bailey: Oh, that's fine. Wright: Um, here's an information disclosure and acknowledgement form, that tenants and landlords are supposed to sign off on. Cate: Correct. Wright: Is there any enforcement on that? Cate: Yes, there has been. Wright: There has been? Cate: Uh, it isn't anything that we ask for for all leases, or all rental property owners, but if we have any question, uh, we will ask for that document. If we have question about, uh, has information been shared with the tenants, because maybe the behavior, uh, of the tenants at the house has been problematic. We'll ask for that document to see if it's been, uh, shown to the tenants and that everyone has signed off on it. Wright: I'm wondering if this isn't something that should be in the hands of the Housing and Inspection Services at the time of any rental inspection, for example. Because that's, uh, this gets some good information to tenants, and I've talked to some friends who are landlords and one said they never bother with it, and thought that was kind of the sense of most landlords, um, I think this has some important information that the tenants need to see, and the City could use. Cate: Oh, absolutely. Um, I do know that the large property managers, the Chambers, the Heritages, uh, Keystone, it is a document that is part of the lease. Uh, that is something, for anyone, who signs a rental agreement with those property managers, they include that. I think that might be more the small rental owner that maybe doesn't follow (both talking) Wright: Thank you. Bailey: All right. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #17 Page 47 Karr: Motion to accept correspondence. Hayek: So moved. Champion: So moved. Bailey: Moved by Hayek, seconded by Champion. All those in favor say aye. Opposed same sign. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #18 Page 48 ITEM 18. CONSIDER A RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, INC Champion: Move the resolution. Bailey: Moved by Champion. Correia: Second. Bailey: Seconded by Correia. Hayek: Madame Mayor, I will be abstaining from Item 18 due to a conflict of interest with my law firm. Bailey: Thank you. Further discussion? O'Donnell: Well, I'm just a little troubled we only had one proposal on this, but um, I had my questions answered last night, so I'll support this. Bailey: Okay. All right, roll call. Item carries 6-0, Hayek abstaining due to conflict of interest. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #19 Page 49 ITEM 19. CONSIDER A RESOLUTION APPROVING SUBMISSION TO THE STATE OF IOWA A NOTICE OF INTEREST IN APPLYING FOR HAZARD MITIGATION GRANT PROGRAM BENEFITS FOR THE PURPOSE OF ACQUIRING FLOODED PROPERTIES. Wilburn: Move adoption of the resolution. O'Donnell: Second. Bailey: Moved by Wilburn, seconded by O'Donnell. Discussion? Correia: We've had a lot of discussion over this Notice of Interest, and there's been many hours that staff has (mumbled) I appreciate all of that hard work (mumbled) part of the...of the homeowners (mumbled) required information together. Bailey: Just to confirm for the public, that we have placed all the addresses in the flood-affected areas on this Notice of Interest, and that's been interest expressed by those neighborhoods, and we are following through with that, and this will be filed, um, with the State, before the deadline of September 12tH Correia: There were a couple of items we wanted to mention, on the memo... Hayek: Yeah, I'll mention those, maybe after the vote. Bailey: Why don't you mention them now? Hayek: Okay, well, um, for the public consumption, uh, at our work session we considered a memo from our Legal Department on certain issues regarding the FEMA buyout program, and one thing came up in the memo that I think is important for the public to be aware of, and this has to do with individuals who purchase flood-affected properties, after the flood, but before a buyout, um, comes into play, and uh, what such an individual would be entitled to, if he or she participated in the buyout, and I want to read some language from the memo because I think it's critical for the public to understand this. The memo says, in order to receive an offer based on the pre-flood fair market value, the person must have owned the property at the time of the flood. If the person purchased it after the flood, the offer will be based on current fair market value. And so, individuals who are engaging in some speculation with respect to these properties should take warning that, uh, doing so does not entitle you to, in the event of a buyout, uh, a purchase price based on the pre-flood market value. Bailey: Thank you. Anything else we would like to bring forward about this Notice of Interest? Okay, roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #19 Page 50 Karr: Motion to accept correspondence. Wilburn: So moved. Wright: So moved. Bailey: Moved by Wright, seconded by Wilburn. LTh, all those in favor say aye. Carnes. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #25 Page 51 ITEM 25. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). Bailey: Do we have a member of the public who wishes to speak to Council? Do you wish to speak...yes! Trimble: I wanted to ask a question about when you would know about the buyout? Bailey: This is regarding the Notice of Interest, and regarding the buyout. Eleanor, could you, um, outline that timeline? Trimble: We're in limbo, kind of, you know, if we don't know if our name is going to be on the list or not. Bailey: Your name is on the list. Dilkes: Your name... Trimble: Our house. Dilkes: Your house will be on the list. What's your address? Trimble: 103 Taft Speedway. Dilkes: Okay, it will be on the list, um, what we have been told by the State is that we will expect to hear from them in about two months, as to whether, um, asking us to make a formal application. At this point we're not sure we're going to get a lot of additional information, at that point, um, we may just be putting all the same information in a different form and doing some calculations and that kind of thing. Um, and then, I'm trying to remember, I think they said within...I don't have the timeline in front of me. Um, in fact I can send...maybe I should send that to you. Lombardo: To paraphrase, I can fill in the gaps. We have, I think, up to three months to complete the application and respond, uh, back to them in a formal application, and then it's a period of another two to three months, I believe, for them to follow up. So the process is going to take at a minimum six to nine months, before we know what properties they're likely to fund or not, uh, at a minimum. Dilkes: Ma'am, can you give me your name and then I'll send you the information. Trimble: All right. Janet Trimble, and my husband, O.C. Trimble, and uh, it just helps to know that we will be, you know, included, because we just want to know. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #25 Hayek: Did you say 103 Taft Speedway? Trimble: LTh-huh. Hayek: Yeah, 103 is on the list. Bailey: All of Taft Speedway was placed on the list. So, okay? Page 52 Trimble: Thank you. Bailey: If you have any other questions, you can contact the City Manager or the City Attorney about the buyout, or...or Planning and Community Development staff, about the buyout program. Trimble: Okay, thank you. Bailey: Okay? Thank you. Karr: Madame Mayor. Linder: My name is Marc Linder. I want to inform the Council that the City is currently in violation of the Smoke-Free Air Act. I've discussed this with the State Department of Public Health, which encouraged me to file a complaint against the City, but before doing so, I wanted to discuss the matter with you and hope that you would correct the situation and we don't have to go through the complaint process. As you know, the, um, Smoke-Free Air Act which went into effect on July 1St banned smoking on the grounds of any public buildings. The Department of Public Health issued regulations on emergency basis, defining that term, grounds of public buildings as "an outdoor area of a public area that is used in connection with the building, including but not limited to," and then the key terms here, "a sidewalk immediately adjacent to the building" and then lists a number of other areas which aren't of concern right now. LTh, some of these others, uh, the City has discretion, uh, to exempt. It doesn't have, uh, discretion to exempt sidewalks. On June 5th the City Attorney issued a memo and appended to the memo, uh, was a series of questions and answers. Two of those questions and answers were: can a person lawfully smoke on a sidewalk in front of City Hall. The answer that the City Attorney gave was: yes, because it's aright-of--way and aright-of- way is not on the grounds of public buildings. On the other hand, a person cannot smoke, going to the other question, on the quote, this is the language in the question itself, "internal" sidewalk, for example, sidewalk, uh, leading to a parking lot because those sidewalks are immediately adjacent to and used in connection with the, uh, the public building. Now, unfortunately for this memorandum for the City, the term "sidewalk" has This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #25 Page 53 only one meaning. The Iowa Code has defined a sidewalk at Section 321.1, Subsection 72, and the Iowa Code of Ordinances has adopted exactly the same definition at Section 9-1-1, and this is a walk that runs from the curb line to the property line for pedestrian use. I checked a large number of leading dictionaries. Every single American English dictionary has the same definition, and more importantly, has only one definition. There is only one definition of a sidewalk, and that's a paved path or walk for pedestrian... for pedestrians on the side of a street or road. Okay? Now, the Iowa Department of Public Health, which I contacted about this, says that this issue ofright-of--way is totally irrelevant and that Section 321.1, Subsection 72, which I just cited to you, can be used as the definition for the rules, and keep in mind, please, that the Iowa Department of Health has primary jurisdiction over the, uh, administration of this statute. Now, in no fewer than 67 sections of the Iowa City Code of Ordinances is the term "sidewalk" used. Every single one of them, all of them, are consistent with the definition of sidewalk that I just gave you that's in this State code, and is in the Iowa City Code of Ordinances. Uh, not a single one of them is consistent with the, uh, definition that the City Attorney has given with regard to "internal" sidewalks. As you can imagine from your own, uh, experience, a house owner is obligated to clear the ice and snow from the sidewalk has absolutely no obligation to clear the paths, um, to the, uh, back patio from the back door. So, the City Attorney, um, is actually referring to what the rest of the, uh, world has called "walkways." They're not sidewalks. They're walkways. Walkways are not addressed in the term sidewalk, uh, although smoking surely is banned on them. They are not sidewalks; by arbitrarily defining sidewalks, uh, as, uh, walkways, internal walkways, and declaring that the sidewalks that the, uh, Department of Public Health means, uh, are not covered, the City Attorney has completely turned the, uh, that part of the rule on its head. I've surveyed a large number of other large cities in Iowa and uh, many of them for example, Davenport, Dubuque, Des Moines, have already banned smoking on sidewalks in front of City Hall. Bailey: ...begin to conclude your remarks, please. Linder: Don't tase' me, bro, don't tase' me...um, if the City Attorney's definition were used, that would mean for example that the Public Library where the sidewalk comes up within a couple of feet of the front door of those sliding doors on Linn Street, people could smoke within a couple of feet of that door, and that clearly can't be the purpose of the statute, especially since, uh, up until this time, there's signs up on the doors saying that you can't smoke within 20 feet. Now, as the... as you, Mayor, said recently, it's not just about exposure to second-hand smoke, it's about setting example, and surely we want to set an example, uh, in front of City Hall, and by the way, you can forget about everything I've just said, because it doesn't matter whether the, um, the interpretation I've just given you is This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #25 Page 54 correct or not, because as the City Attorney has already told you, and as you're already done in preliminarily voting on this ordinance, you have the power to ban smoking on every sidewalk. You've just gone ahead and voted to ban it on...on the sidewalk in front ofprofit-making, cash register ringing stores on Clinton Street. Well, if you ban it there, you certainly have the power to ban it, uh, in front of your own building. In any case, even apart from that, there's no doubt that the sidewalk is covered, and this is just a misinterpretation, and I would appreciate your correcting this, and if you do so I won't proceed to a complaint, uh, with the Department of Public Health. If you don't, I will. If you have any questions, I know there's a bunch of definitions there, uh, I'd be glad to answer any questions, and if you'd like me to present that to you in terms of, uh, a written document, I'd be glad to do that, if you want me to. Bailey: Thank you. Dilkes: I have two short things to say. Number one, in terms of the interpretation, I don't think Professor Linder and I have a disagreement on what sidewalk means. We have a disagreement on what "used in connection with a public building" means. That aside, I would have been happy to discuss those things with Professor Linder, as I have done in response to many questions that he has posed to me. He chose not to discuss this with me, and I think we could have had a more fruitful discussion had we done it prior to this Council meeting. Linder: I came to your office (several talking) Bailey: We're not going back and forth. Linder: ...and she refused to speak. Bailey: Mr. Linder, would you please be seated. (both talking) I think the manner in which we would ask you to proceed is to contact our City Attorney's office and discuss this with her, and thank you for your comments, and we're going to go on with our meeting now. Linder: Are you going to rule on me? Bailey: We can't rule on it. It's not on our agenda tonight. I would ask that you contact our City Attorney's office. Linder: She's heard everything I've said. Bailey: Please, contact the City Attorney's office. That's what we would direct you to do. We cannot discuss this tonight. It's not on our agenda. That's an open meeting's law that...surely with which you're familiar. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #25 Page 55 Linder: Okay, so, if she doesn't change her view, then should I file the complaint? Bailey: Please be seated. Talk to the City Attorney's office, and then you proceed in the manner that you deem most appropriate for you. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008. #26 Page 56 ITEM 26. CITY COUNCIL INFORMATION. Bailey: Amy? Correia: Um, well, I want to say congratulations to Henri Harper. Henri Harper is a member of our community. He works in the Iowa City Community School District, and he has a daughter who, uh, ran in the Olympics and won the gold medal in the 100-meter hurdles, so congratulations to Dawn Harper. Um, her hometown is East St. Louis, Illinois. She went to UCLA, uh, and I watched the race. It was an exciting race. Congratulations, uh, to her, and Henri was at the Olympics. I haven't spoken with him, but he was in Beijing. Um, and I imagine he was very excited for his daughter, so congratulations to the Harper family. Bailey: Matt? Hayek: Not at this late hour -nothing. Wilburn: Nothing. Bailey: Mike? O'Donnell: I agree with them -nothing. Champion: Nothing. Wright: I'll be quick. I just want to say welcome back to the, all the students that are back in class this fall at the University of Iowa, and Kirkwood and other institutions in the area. Welcome to the new folks, and I hope it's a really wonderful semester for everybody. Bailey: Okay. I will be quick as well. I want to echo your comments and we were glad to officially declare it Welcome Week and I encourage people to participate in that and welcome back to our student liaison and our alternate student liaison. We're glad to see you back. And then I just also wanted to note that today is Women's Equality Day, which is, um, a little unknown, uh, holiday celebrated in recognition of the women receiving the right to vote in our country, and we've experienced 88 years of, um, the women's right to vote, and I wanted to note that today. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 26, 2008.