HomeMy WebLinkAbout2009-02-10 Transcription#2
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ITEM 2. MAYOR'S PROCLAMATIONS.
b. Congenital Heart Defect Awareness Day -February 14, 2009
Bailey: (reads proclamation)
Karr: Here to accept the proclamation from the University of Iowa
Hospital/Clinic Pediatric Unit is Dr. Bansal. (applause)
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ITEM 3 OUTSTANDING STUDENT CITIZENSHIP AWARDS
Bailey: Will the students from Hoover Elementary please come forward. Hi,
welcome. We're glad to have you here and we're eager to hear what you
have to say. I've invited Tyler our Student Liaison for the University of
Iowa to come up and help me, and I'd like him to introduce himself and
talk a little bit about what he does at City Council, and at...at the
University.
Gunn: Thank you, Mayor Bailey. As she said, I am Tyler Gunn and I'm the
Student Government Liaison for the University here at the City Council,
and just like you I'm a student, and uh, you know, it's very important for
students to become involved in their schools and do what they can in their
community, and uh, it's pretty hard, isn't it, to balance all your school work
and do all this extra stuff you're doing? We really appreciate what you do
very special, so we're real excited to hear a bit about it.
Dodge: Hi, my name's Erica Dodge. I'm a 6th grader at Hoover Elementary. I
think my teacher selected me because I help other kids at school, like
giving advice, cheering people up, and listening to them when they need a
friend. I also feel that I'm a good leader in group work at school, because
some times kids in my group get off task and try to...get them back on
task by leading by example. Um (laughter) okay...or redirecting them to
the class topic or discussion topic. I want to thank Mr. Metz for
nominating me. (applause)
Beasley: Hello. My name is Julia Beasley, and I believe I deserve the Outstanding
Student Citizen Award because I love to help other people have the very
best lives that they possibly can. I'm a member of the Hoover Student
Council and some of the things that I help organize in my community and
school include raising money for causes like the Animal Shelter and the
Ronald McDonald House. The Hoover Student Council also organizes
collections to benefit people in need. Thank you for listening, and have a
nice day. (applause)
Dancer: Hi, my name is Jens Dancer and what I think led me to earning the
Outstanding Student Citizen Award is the fact that at my school, we have
the Hoover Star and the five points of the Hoover Star are honesty,
respect, courage, caring, and responsibility. In the middle of the star
there's citizenship. Ever since I've been at Hoover, I have followed the
Hoover Star. When I was asked to explain a conflict at recess, I was
honest. When someone is speaking in class, I listen respectfully to them.
When I transferred to Hoover, I had to be courageous, even though I didn't
have any friends. When someone was hurt on the playground, I was
caring and took them to the nurse's office. As a safety patrol member, I
make it my personal responsibility to cross my fellow students safely.
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Finally, I always strive to do my best, set a person...set a good example
for others, and be an outstanding student citizen. (applause)
Bailey: Thank you very much! Okay, we have awards for you. I'm going to read
one. They all say the same thing, except of course they have your name
on them. Citizenship Award, for your outstanding qualities of leadership
within Hoover Elementary, as well as the community, and for your sense
of responsibility and helpfulness to others, we recognize you as an
Outstanding Student Citizen. Your community is proud of you. And this
is presented by the Iowa City City Council. Thank you very much.
(applause) Okay, will the students from Lucas please come forward. Boy,
this is a great night for us -two schools represented! So I'll let you read
your statements and you can hold the microphone and talk right into
(mumbled)
Tran: Hi, my name is Dat Tran. There are many reasons why I got this award.
One is that I appreciate my classmates, friends, relatives, parents, and
everyone else around me. Another reason is that I have many friends and
classmates now to help and hang out with when I have the time. The third
reason is that if I need help there's always help around you from your
parents, teachers, and friends, and I do that mostly all the time. The last
reason that I have been given this award is always being a good...is
always make good choices and mostly everybody does that in their life.
(applause)
Young: Hi, I'm Jamie Young and I'm a 6th grader at Lucas. I'm involved in many
activities, both in and out of school. I do basketball and volleyball on
Little Hawks teams, and I do softball on a Slammers team. I also play the
flute, guitar, and take piano lessons. I'm involved in a youth group at
church and I love to babysit. I enjoy all my activities and look forward to
junior high next year. Thank you. (applause)
Gunn: Well, those were especially good speeches and your certificate reads: For
his or her outstanding qualities of leadership within Lucas Elementary, as
well as the community, and for his or her sense of responsibility and
helpfulness for others, we recognize you as an outstanding student citizen.
Your community is proud of you. Presented by the Iowa City City
Council. (applause)
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ITEM 4 PRESENTATION.
EPA Award for Building Healthy Communities for Active Aging.
Bailey: Karen.
Howard: Hi, I'm Karen Howard, Associate Planner for the City's Urban Planning
Division, and I'm very pleased to present to the City the 2008
Commitment Award from the Building Healthy Communities for Active
Aging award program. Uh, these awards, um, Iowa City was one of only
four communities nationwide that received this honor. These awards,
which are overseen by the U.S. Environmental, uh, Protection Agency's
Aging Initiative recognize communities that are combining strategies for
smart urban growth and active aging. The EPA commended the Iowa City
for its efforts to adopt policies, programs, and regulations that ensure that
older residents can pursue an interesting, active, and quality life, much of
it within walking distance of their homes. The EPA credited the City with
its work with the Johnson County Livable Community for Successful
Aging policy board to determine the needs of the City's older residents. In
its award announcement, the EPA recognized the City for implementing a
variety of strategies to improve the walking environment and make
walking a viable choice for seniors, and other members of the community.
Specifically mentioned were the recent revisions to the City Zoning Code,
which encourages compact, mixed-use neighborhoods throughout the
community, that combine housing, shops, park land, and services to make
walking an attractive choice for conducting daily errands. Anew
subdivision code that requires better street connectivity, and that will
shorten distances residents need to travel to work, school, and other
destinations, and the adoption of a complete streets policy, which requires
that all new streets be designed to accommodate pedestrians and
bicyclists, as well as cars. The Johnson County Council of Governments
was credited for its work to expand the local trail system, thereby
promoting a variety of outdoor exercise. The Iowa City/Johnson County
Senior Center was also commended for the many opportunities it provides
senior citizens to pursue and maintain an active lifestyle. And Linda
Kopping is here tonight, representing the Senior Center, and would also
like to say a few words.
Kopping: Hi, on behalf of the Senior Center Commission, the participants and the
staff, I'd like to extend our congratulations on receiving this prestigious
award, and I'd also like to express our appreciation for the City's long-
standing support of the Center and the important role it plays in helping
community members 50 years of age and older maintain active, satisfying
and independent lifestyles throughout adulthood. Because of your
commitment to the health and well-being of the adults in this community,
the Center has been able to establish many productive partnerships and
collaborations with other aging services and area resources. As a result,
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for the past 28 years the Center's been able to offer an...an ever-expanding
assortment of innovative and creative quality programming for area adults.
We're pleased to be a part of the City's effort to build a healthy community
for active aging, and want to thank you for your support. Once again,
congratulations!
Howard: I have a plaque here from the EPA I would like to give you. (mumbled)
Bailey: Thanks, Karen, and thanks, Linda, and I think it's always terrific when the
outside organizations recognize our city for the great things we're doing,
so, thank you very much for presenting this tonight. (mumbled)
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ITEM 5 STATE OF THE CITY ADDRESS.
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Bailey: As you know, the Charter of the City requires the Mayor to present the
State of the City before the end of February, so tonight is the night, so
we'll move on to that. (reads State of the City address)
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ITEM 6 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
Bailey: Moved by Champion.
O'Donnell: Second.
Bailey: Seconded by O'Donnell. Discussion? I do want to highlight that on our
Consent Calendar we are setting the public hearing for the budget, and that
will take place on February 24th, and um, as is great on such a beautiful
day, we are approving the development of many sidewalk cafes, so spring
is just around the corner. Okay. Roll call. Item carries 7-0.
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ITEM 7 COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Bailey: This is a time for the public to comment on items that are not on tonight's
agenda. If you would like to address the Council, please approach the
podium, state your name for the record, and limit your comments to five
minutes or less.
Farris: Mayor, Council, Greg Farris, uh, Iowa City Airport Commission. I'm here
tonight for, uh, later item about the Commissioner terms, but I thought I
would take the opportunity to give you a little update on the Airport since
I'm here. Uh, we did drop off today, that I believe the Council and uh,
City Manager and Assistant City Manager now have is our Annual Report,
which goes through and highlights some of last year's, some of the things
that happened to the Airport. Two things I wanted to kind of highlight in
there was...as the Mayor, as you talked about that in your address, the
flood, uh, the Airport was quite busy during the flood time, uh, doing
some community work, um, as you know, maybe there was commercial
flights when the interstate was closed, that people were getting to Cedar
Rapids through, uh, the Iowa City Airport, um, there were also hosted, of
course, the President and local officials quite a bit at the Airport. So, it
was quite a busy place, and actually worked out, uh, quite well. The other
was, I was discussing the extension to the runway, uh, which was a big
project. In fact, this week it was awarded from the Iowa Paving
Association an award for concrete, which is not that exciting, but a very,
uh, interesting award for their work and... and uh, the quickness and the
ability and the quality that the...they put together, so they awarded that
just last week, and I don't believe it's in the report, but, uh, just missed
that. Um, so the Annual Report's there, and if you've got any questions on
that, you make sure to address the Commission or Mike down there. Uh,
some highlighting some things are coming up. We've had the bids for the
University hangar, uh, those have come in. So hopefully we'll be able to
work out and get that started. That's the expansion of their, um, the OPL,
the operation performance lab that's down there. We, uh, also have started
talking about the larger construction, uh, the completion of the runway
construction, which will actually, uh, shut down both runways for
probably about a month sometime this summer, um, that'll be coming up
just mostly cause it's in an intersection, and it's hard to do anything out, so
it'll probably take about four weeks for 'em to do an intersection, and then
open up another runway. So right now we're trying to work out the timing
on that and how that all works out. Um, I think that's it. And I'll be here
for questions later. Thanks.
Bailey: Thanks, Greg. Others wishing to comment? All right, we'll move on to
Item 8, Planning and Zoning Matters.
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ITEM 9. AUTHORIZING THE CONVEYANCE, BY QUIT CLAIM DEED,
ANY INTEREST THE CITY HAS IN THE VACATED 10.23 ACRE
PORTION OF OLD DUBUQUE ROAD LOCATED SOUTH OF
INTERSTATE 80 AND EAST OF DODGE STREET TO ACT, INC.
a) PUBLIC HEARING
Bailey: This is a public hearing. (bangs gavel) Public hearing is open.
Gelman: I'm Tom Gelman. I'm here on behalf of ACT, um, I'm happy to answer
any questions that you may have about this. This is really resolving
something that, uh, started back when Interstate 80 was first built. It
resulted in the, uh, abandonment of certain old county right-of--ways, and
really what we're trying to do is we're just...to clean up titles, so I'm happy
to answer any questions you may have.
Champion: Does this road actually go in to ACT, in to their property?
Gelman: The portion that's being vacated goes along the northerly line of the
property, and then turns south. It used to go...wrap around the edge of the
property. It's now not part of the access way to the property. It's all
abandoned (mumbled)
Bailey: Any other questions? Okay, thanks for being here. Public hearing is
closed. (bangs gavel)
b) CONSIDER A RESOLUTION
O'Donnell: Move the resolution.
Bailey: Moved by O'Donnell.
Correia: Second.
Bailey: Seconded by Correia. Um, discussion? Roll call. Item carries 7-0.
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ITEM 12 ASSESSING A 30 DAY RETAIL CIGARETTE PERMIT
SUSPENSION AND $1500.00 CIVIL PENALTY AGAINST HARTIG
DRUG COMPANY D/B/A HARTIG DRUG STORE, PURSUANT
TO IOWA CODE SECTION 453A.22(2) (2007).
Bailey: This is a hearing. And the hearing is open.
CONDUCT HEARING.
Chappell: Good evening. I'm Andy Chappell from the Johnson County Attorney's
office, uh, with the Council's permission I'll keep these brief. You've got a
lot on your agenda. Uh, on November 21st, an employee of Hartig Drugs
sold tobacco products to a minor. This is their third such violation within
a three-year period, uh, that means according to 453A.22 the City Council
should assess a civil penalty of $1,500, and a 30-day permit suspension.
And that's all I have to say.
Bailey: Okay, is there anybody here from the business? All right. You'll have to
wait till you get to the microphone.
Ehler: I'm Jim Ehler, I'm the store manager at Hartig Drug. Um, all I got to say,
I...I accept responsibility and we were guilty of just...of just asking for a
little bit of leniency, because of that offense, what'll happen 30 days later;
thafd have been only two offenses in three years. And I guess I'm just
trying to see if I could keep the cigarette license for 30 days. If...if
possible. Thanks.
Bailey: And I think our options are limited in this, but Eleanor, can you explain
what our options might be?
Dilkes: The Code Section is...pretty much once there's a conviction, uh, the civil
penalties are automatic, and they are based on when they occur and in
what period of time. And uh, I don't think you have much discretion in
that regard.
Ehler: All right, thank you very much.
Bailey: Thank you.
Hayek: Does that include the suspension as well?
Bailey: Yes. Okay? Hearing no further comments, we'll close the hearing, and
entertain a resolution.
CONSIDER A RESOLUTION.
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Correia: Move the resolution.
Bailey: Moved by Correia.
Wilburn: Second.
Bailey: Seconded by Wilburn. Discussion? Okay, roll call. Item carries 7-0.
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ITEM 14 ASSESSING A $300.00 CIVIL PENALTY AGAINST I.C. PIT STOP,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
Bailey: Hearing is open.
CONDUCT HEARING.
Chappell: Andy Chappell again. On November 19th an employee of I.C. Pit Stop
sold tobacco to a minor. This is their first such violation within atwo-year
period. That means a $300 civil penalty should be assessed by the
Council.
Bailey: Okay. Is there anybody here from I.C. Pit Stop who would like to speak?
Seeing no one, we'll close the hearing.
CONSIDER A RESOLUTION.
Champion: Move the resolution.
Correia: Second.
Bailey: Moved by Champion; seconded by Correia. Discussion? Roll call. Item
carries 7-0.
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ITEM 15 ASSESSING A $300.00 CIVIL PENALTY AGAINST KUM & GO
#51, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
Bailey: Hearing is open.
CONDUCT HEARING.
Chappell: Andy Chappell, one more time, again, and on November 21st an employee
of Kum & Go #51 sold tobacco to a minor. This is their first such
violation within atwo-year period. Again, this would be a $300 civil
penalty.
Bailey: Okay. Is there anybody from Kum & Go #51 here to speak to this?
Seeing no one, we'll close the hearing.
CONSIDER A RESOLUTION.
Wilburn: Move adoption of the resolution.
O'Donnell: Second.
Bailey: Moved by Wilburn; seconded by O'Donnell. Discussion? Roll call. Item
carries 7-0.
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ITEM 20 CONSIDER A RESOLUTION APPROVING THE POLICE
CHIEF'S GUIDELINES FOR REVIEW OF APPLICATIONS FOR
INITIAL AND RENEWAL LIQUOR LICENSES, BEER PERMITS
AND WINE PERMITS, AND THE POLICE AND FIRE ON-
PREMISES RENEWAL FORMS, AND RESCINDING
RESOLUTION N0.06-216.
Wilburn: Move adoption of the resolution.
Bailey: Moved by Wilburn.
Champion: Second.
Bailey: Seconded by Champion. Discussion? Discussion?
Nelson: Hi, my name is Kenza Nelson. I'm from the firm of Stanley (mumbled)
Hunter. We represent a few of the local restaurants and bar owners who
would be affected by this resolution. We just wanted to come briefly and
talk to, uh, the Council tonight in response to this resolution. Um, certain
restaurant and bar owners are concerned about the resolution, and are
concerned that it would be unconstitutional in the sense that it is
ambiguous, arbitrary, and capricious and that the fear would be that it
would affect certain bar owners and restaurant owners, uh, more than it
would be others, uh, a concern about enforcement and whether that could
be equally enforced. Also, uh, a concern about the fact that the local
restaurant and bar owners did not have an opportunity to, um, put their
input into this situation. Um, how that would affect them, some possible
alternatives to that. Um, so we're concerned that the resolution is likely to
draw challenges, uh, about the enforcement, about the way that it's
structured, and so we request that the Council table its decision on this
resolution until a time where the restaurant and bar owners affected by the
resolution would have an opportunity to comment and to offer their input,
and perhaps a...a resolution could be put forth that would, um, serve
everyone's objectives, but...but be constitutional. Thank you.
Bailey: Thank you. Discussion?
Correia: Eleanor, are you concerned about the constitutionality ofthe resolution?
Dilkes: No.
Wright: So if you're not concerned about the process (mumbled) contacted by bar
owners...when we first began discussing this, probably the end of
December.
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Bailey: Well, and it's similar, I think we have been looking at some of these sorts
of considerations in the last year, and so I don't think it comes as any
surprise that we would be, um, further sort of codifying the process. So
I'm not...I'm not concerned about the process either. Further discussion?
Hayek: Yeah, I, um...I would say that the central tenant of this is the 1.0, uh,
standard, um, for...for bars, in terms of PAULA violations within an
institution, and I think it's important, uh, for the public to understand, and I
think I speak for the Council when I say that we would regard this as an
appropriate measure, um, the standard created here says that the odds that
underage drinkers are in your establishment should not be greater than
even. And that is a reasonable standard. It is one that the vast majority of
bars in Iowa City already satisfy. Um, and the...by creating a bright
standard, uh, like this, we, in my opinion, um, empower an establishment
to, uh, determine itself, uh what the most effective strategies are to keep
underage drinkers out of their...out of their places, and...and it allows
them to police themselves in that regard. That...there are other aspects to
this, but that's the one that has the biggest impact, um, and that's why I'm
supporting it.
Bailey: Further discussion? Okay, roll call. Item carries 7-0.
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ITEM 21 CONSIDER AN ORDINANCE AMENDING TITLE 13, ENTITLED
"AIRPORTS AND AVIATION," CHAPTER 1, ENTITLED,
"AIRPORT COMMISSION," TO CHANGE THE TERMS OF THE
COMMISSIONERS FROM SIX (6) YEARS TO FOUR (4) YEARS.
(FIRST CONSIDERATION)
Champion: Move first consideration.
Correia: Second.
Bailey: Moved by Champion; seconded by Correia. Discussion? Greg.
Farris: Greg Farris again from the Iowa City Airport Commission. We brought
this up because of the...the (mumbled) allows a three to six year term to
be set, um, we wanted to increase the ability for people to come on
and...and an opportunity to try to, uh, get more people involved in
the...the Commission, and wanted to reduce the number of years, because
even the last few years, uh, we haven't had too many people that have
done all six years. Uh, people don't...are worried about the commitment,
because the commitment of six years, especially on...on this Commission,
because I think as the Council knows, it's a little bit like running
a...running a business on top of...you do budgets and what not that the
Commission has to deal with. So we're...we would like to reduce it down
to four years, which we think is still a...a good amount of time for
someone to pick up and understand the ins and outs of the Airport
operations. Uh, but uh, is not too long for someone to place a
commitment. So that's what we were looking for.
Champion: I think you're right. I think six years is a long commitment on any
commission.
Farris: And I think most of the Commissioners said that many times when they've
taken the position, these people, as you probably know anybody that
volunteers for this type of work, are not necessarily quitters, and so they
hate to leave before their six year term, even though it can get, uh, a lot of
things in life can change in six years so...
Bailey: Thank you. Further discussion?
Wright: I think this is a good measure.
Bailey: Yeah, I agree, and we did talk about the learning curve, and I think that
makes a lot of sense. Four years is adequate. Okay. Roll call. Item
carries 7-0.
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ITEM 22 CONSIDER AN ORDINANCE AMENDING TITLE 1, ENTITLED
"ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL
PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL
PENALTY FOR OVER-OCCUPANCY OF A RENTAL UNIT BE
$750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND
AND SUBSEQUENT VIOLATIONS. (FIRST CONSIDERATION)
Wright: Move first consideration.
Bailey: Moved by Wright.
Champion: Second.
Bailey: Seconded by Champion. Discussion?
McCallum: My name is Mark McCallum. I live at 932 E. College. L ..I don't have a
problem. I'm a landlord. I own several properties in the College Hill
neighborhood. Um, I don't have a problem with over-occupancy in any of
the buildings I've ever had. Um, or the way the fine was done in the past,
but my one concern I wanted to consider tonight is that these fees now are
getting a little excessive. This exceeds, you know, in Iowa law allows
landlords to take, to hold a deposit, you know, most savvy landlords are
going to respond if you pass this tonight by increasing the amount of
deposits that they charge to their tenants, and 750 is higher, my rent range
is between 600 and 700 a month on the new building I'm developing right
now, and so if you raise it to 750, I'm going to obviously put something
about over-occupancy in my contract to, uh, because I'm not going to
encourage that in my building, but sometimes tenants do things on their
own, and I don't want to be held accountable. So I think the unintended
consequence of this is going to be that you're going to start seeing
landlords incorporating, asking for higher deposits to protect themselves in
the event that this occurs on their properties. So I guess what I'm asking
you to consider tonight is if you are set on passing this fee schedule, is to
limit it to no more than one month's deposit, you know, up to 750 or one
month's deposit of someone's rent. What if someone's only paying $300 a
month rent, and the landlord is only collecting $300 deposit, uh, that's not
normal in this town. It's probably $400 to $500 on their, but again, uh,
you're going to start seeing landlords charging more on deposits. So
that's...so that's how it's going to affect every renter, not just the ones that
are violating. If that makes sense. So that's what I would be asking you to
do, is consider that this 750 fee is excessive, cause it...in this market place
it's exceeding, uh, the monthly rent of a lot of the units in this market
place. Um, and you know, if you are for affordable housing, which many
of you say that you are, this is a consideration that will have an unintended
consequence of what you're trying to do. And again, I guess I question too
is, has anyone given numbers how the current system is working on this, I
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mean, why...what is the urgency for this? Is this because of budget
considerations? I see there's rental permit fees increases on the agenda
tonight, as well, which I intend to speak on, um, there's just a lot of things
that you guys are putting on landlords right now, which is not compatible
with keeping housing affordable in this town. Thank you.
Bailey: Thank you.
Buss: Well, as to over-occupancy...
Bailey: Please state your name for the record.
Buss: Excuse me?
Bailey: Please state your name for the record.
Buss: Oh, Anna Buss, I live at 525 W. Benton Street.
Bailey: Thank you.
Buss: As for over-occupancy, almost all of you are graduated college students,
um, at one time or another. In this town, everything has become so
extremely expensive, it's very difficult town to live in for a student. I
know a lot of the people that I rent to are students, that are undergrads, as
well as grad students. People who are going to medical, dental and law
school. These kids are getting so far in debt, and a lot of it has to do with
rent. Um, Iowa City's rents are very high, and quite frankly, the City is a
cause of a lot of our rent increases. Due to the fact that we have housing
inspections...when Icame to you the last time, I told you the costs of all
the safety things that we have to do, which I don't think any landlord in
this town complains about, but these kids are over-occupying these houses
for a reason. To cut their rent down, to absolutely save themselves some
money, and so to have this exorbitantly high fine is ridiculous. I have one
house that is afive-bedroom house. I can have legally three people in it,
yet if I had a family come to rent that house, I could have 25 people in it,
as long as they all were their family members. That's ridiculous. And the
City needs to reevaluate some of this a little bit, um, I realize that we have
some zoning issues involved, but if you have one person per bedroom,
some of these larger houses would not have to have the high rent that they
do. And you wouldn't have such an over-occupancy problem, if you'd
give us a break on the other side, and let us use the idea of maybe one
person per bedroom, um, a lot of the other fees are going to go up, which I
won't talk about right now, but that's something you might consider. I
mean, it's...there is an over-occupancy issue for a reason. A lot of times
landlords don't know it. You've got someone who just shows up and
they're there. Landlords are not on their property every day. Property
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managers are not on the property every day. That's a ridiculous thing to
ask, and this fee is a ridiculous burden to bear.
Bailey: Thank you.
Boothroy: Doug Boothroy, uh, Director of Department of Housing and Inspection
Services. This is a fine. It's a fine that is, uh, to get the attention of
landlords that, uh, are breaking the law. Uh, we're not here to talk about
what the zoning ordinance should or shouldn't be. It's already been
adopted by you. Uh, we spent three years establishing occupancies for all
rental units, in this community. We documented it. It's available on the
web site. Uh, all landlords are supposed to, uh, discuss that information or
provide an information disclosure form, with the tenants, so that
information's out there. There shouldn't be any surprises, uh, I understand
the concern about what...some of the things that Anna talked about,
but...but the regulations have been adopted. They're in place, and that's
what the law is. Now, with regard to why 750, uh, we want to get the
attention of the landlords that are breaking the law. In the past year, uh,
we've had several situations where, uh, the landlord knew the occupancy,
uh, and specifically said, uh, it's cheaper, it's better for me to pay the fine
than it is to comply. Uh, we had at least three situations like that, and in
two of those, we went to, uh, had to go to second offense before we finally
got compliance. Uh, that tells me that, uh, that law is not taken seriously.
I think in the last year we did five over-occupancies. It certainly isn't an
epidemic, but it is important that we have a fine that brings the landlord to
the table, that we can have that discussion, and...and we can resolve it.
We have never, uh, in the years that I've been with the City, uh, 30-some
years, ever cited a tenant for over-occupancy. We have had tenants that
have over-occupied. We have dealt with this problem, and in every
situation, tenants have found a way to reduce their occupancy, uh, and
they haven't been put out on the street or there hasn't been any of that kind
of negative, uh, problem. The problem that we've had is, uh, landlords
that choose to try to get around the law because they want to charge, uh,
that extra $500 a month or whatever it is, in order to, um, rent that
particular structure. Just last Friday, and I won't mention any names, uh, a
very well-known landlord in this community, uh, was involved in getting
caught, uh, by, uh, telling the tenants that...that one of'em couldn't sign
the lease, but that she still owed $500, uh, and that she would have to,
when the inspectors show up, she would have to remove the bed and her
belongings from the unit, uh, this particular individual knows what the
rules are, obviously. We have had communication with him on a number
of occasions, but he continues to...to be, uh, a problem in that area. So,
it...it's not...it really doesn't have anything to do with affordable housing.
Uh, and it doesn't have anything to do with putting tenants out on the
street, cause it hasn't happened. It all...it all has to do with people
obeying the law that's adopted and...and keeping the occupancy at the
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level that...that is expected in the neighborhoods. Uh, if property's over-
occupied, uh, and it isn't dealt with, then there's parking, there's trash,
there's noise, there's disorderly house -all kinds of issues, uh, spring up in
those situations. Uh, so it's not something that you can just ignore, uh,
because you know you don't think that it's important to...to enforce. If
you don't like the occupancy standards, change 'em. Any questions?
Correia: Yeah, I have a question. So, in the memo you say that over the past year
you've seen an increase in the number of first-time over-occupancy. Is
that five, number five, how many first offenses...first offense, first time
over-occupancy violations?
Boothroy: Norm'll have to talk to you. I don't know the numbers.
Cate: Norm Cate, Senior Housing Inspector. Uh, Amy, over the past year we've
had 20 over-occupancy cases that we have investigated. As Doug referred
to, five of those wound up as municipal infraction citations, resulting in
court appearances.
Correia: Okay. So that's...those types of over-occupancy, are those outside the
realm of this fee structure? What...explain the difference between afirst-
time offense fine and a municipal infraction violation.
Cate: Municipal infraction citation, first-offense would be $750. So, if...if
we...
Correia: Currently?
Cate: ...no, currently it's $250.
Correia: Okay, so you're saying...
Bailey: That's what we're changing.
Correia: Okay, so five of the 20, um, so you said.. .
Dilkes: But...what I think, Amy, what's he saying is, and you can correct me if I'm
wrong, Norm, but is that it took municipal infractions. It took filing court
action in five of those cases to get the attention of the landlords. Typically
we send out notices of violation, and we can...if we can get compliance,
then we don't proceed to assess the fine. We don't proceed to ask for the
fine.
Correia: Okay.
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Cate: Some of these cases, it might be that the, uh, landlord, uh, might have
been just renting the place for the first time. So he may have been
unaware of the occupancy standards because he or she just got into the
business. Uh, and in that case, we're not seeking to penalize that person.
It was obvious that it was just a mistake at that point in time.
Correia: Or a tenant has a friend move in and didn't tell the landlord, and they.. .
Cate: Exactly, exactly!
Correia: ...they were over-occupying the unit.
Cate: Exactly, but that takes time to investigate, and when that's the case, we
don't go to court on that, but what we're doing is, we're spending a lot of
time in court, a lot of staff time, with these municipal infractions, along
with legal staff, and to investigate it takes...it takes a lot of effort on our
part, and we're seeing more of it. Those 20 cases that we investigated this
past year were double the amount that we investigated the year before.
O'Donnell: Norm, you don't go to court on that, what do you do?
Cate: We make sure that we reach compliance, because if we find something, an
over-occupancy say in March, and it's students and they're working
through the semester, we will go back at the end of May to make sure that
they've reduced the occupancy to what the standard is, at the end of the
semester. iJh, and this is in the cases where we know there's no collusion
between the owner and the tenant, and it was just a misunderstanding, and
I think we can figure that out after talking with the parties.
Bailey: So fundamentally, I mean, this is a deterrent, but compliance is the
objective here.
Cate: Compliance is the objective; however, there are, uh, it's a very small
minority, but there are owners out there who, uh, can charge $500 a month
per tenant for rent, and a $250 citation for over-occupancy, that...it doesn't
seem like very much of a dis-incentive.
Correia: I understand, I mean, I understand what you're saying. I mean, I think
that...so I think that either, so you're saying in 20 cases of over-
occupancy, in 15 of those no fine was assessed. You were able to alert the
landlord there's an over-occupancy issue, ask for the landlord to take care
of that, you know, you need to address this, mitigate this, they did and so
no fine was assessed.
Cate: Correct.
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Correia: And so in the cases where the landlord did not act in good faith, did
not...is colluding, is not...
Cate: Or are repeat offenders.
Correia: Or a repeat offender, it's in those cases that you would assess the...the fine
for violating because it was a.. .
Cate: Correct.
Dilkes: Well, remember, we don't just assess the fine. We file...we file municipal
infraction, and then we have to have a hearing and present evidence, and
etc., etc., and ask the judge to impose the fine.
Correia: Right. I guess, I mean, I guess...so forme, what I would want to make
sure that's clear to landlords, so that we don't have any unintended
consequences of people...of landlords being fearful that they're going to
be...potentially, because it's not fully explained somewhere, that they
might be assessed a fine, when they have a tenant who's moved somebody
in and they didn't know about it, and then there's a complaint. That there
is this process in place before a municipal infraction would be.. .
Cate: What I can say to that is again, we'll go back to the 20 complaints,
citation...complaint violations that were issued, and only five of them
resulted in municipal infraction citations, so we have a process.
Correia: So...I know that we have the process. I'm wondering, is there a booklet
that is on the web site so that any landlord would be able to read that and
know what to expect if they were to be...if they were to experience this
issue, and weren't colluding with the tenant and it wasn't one of the
outlier...do you see what I'm saying?
Cate: I do, but...I would have to take that on a case-by-case basis. I would
really have to investigate to see if this is something that's been happening
in the past...
Correia: Oh, sure!
Cate: Yeah.
Correia: But I mean, I guess I don't see...
Lombardo: The information about the standards and what's expected is certainly
posted, and...and in terms of the process for...for working with the
individuals, it's done...it's started, it's initiated with a complaint letter, and
then staff are engaging the property owner directly to work through the
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issues, so you know, I think it's described at that point in time that the
objective is to reach compliance, and as long as they're willing to work
with us, then...but...but, putting out guidelines are impossible because it's
really on a case-by-case basis, as it has to do with repeat offender, and the
circumstances change depending on what's found as they work through
each issue, so putting out astandard -here's what you can expect -may or
may not apply, depending on circumstances of the case, um, folks
understand what they're supposed to adhere to in terms of policy and code.
Dilkes: Well, and if you're going to do that for over-occupancy, you'd have to do
it...we have millions of code provisions that landlords have to comply
with...that we, you know, if we think there's a compliance problem, we do
a notice of violation, which gives them...they get a notice. It gives them
the opportunity to, um, respond and attempt to comply, and...and if you
were going to d some list of guidelines for...you can break the law this
way but you can't break the law this way...it just, I mean, that's just
not...it's not doable.
Correia: I guess, well, what I'm hearing from landlords that are here, and when
I'm...I'm sorry if this is frustrating for staff, forme to ask questions about
trying to make sure our policies are clear and that people that we're asking
to adhere to our policies understand our process. Um, but when I read
this, I read the civil penalties are 250 for the first violation, I think if I
receive a notice of violation, that notice is going to come with a $250 fine.
It's not clear in here that there's a notice of...of violation, with opportunity
for compliance, within a whatever, up to 30-day period or whatever it is,
with discretion so that people know up front, they have an opportunity to
remedy a notice of violation, without thinking they're going to be assessed
a fee, so that we don't see an unintended consequence of increasing the
potentially increasing.. .
Cate: This process that we use with over-occupancy is no different than any
other in the process that we use for any other violation that we investigate,
whether it's housing code, zoning code. A notice of violation is sent
out... (both talking)
Correia: I understand. I'm jut going to interrupt you...
Cate: ...is given to that owner.
Correia: But in this ordinance, I don't...I don't see that in here. I'm not saying that
we don't do it. I'm saying that it's not here.
Dilkes: That's because, Amy, the ordinance is not the substance. The ordinance is
simply a change in the fine. When we change a fine, all we do is say the
little section of the code that says it's, just like we did with the under-19
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ordinance a couple times ago. We just changed that one section that said
it was $250, and now it's $500. We don't...we don't repeat the whole
ordinance. We don't say, and in some...and in these circumstances we'll
prosecute, and in these circumstances we won't.
Lombardo: And out of the 20 instances, I mean, the concern over any, um, ill effect, I
mean, hasn't been substantiated. We haven't had any of the, I mean, of
these concerns come to realization. They've resulted in five instances
where we prosecuted and...and uh, have cited, so I...the concern that
somehow people are going to be living in the street, or it's going to...I just
don't see that as...as, you know, happening, because the process
accommodates that and takes care of that.
Dilkes: I'm frankly amazed by the...the way our department operates, when I look
at other cities. We...we do a very small number of municipal infractions.
We do a lot of notices of violation. We spend a lot of time trying to get
compliance, before we go to court, and...you know, I don't know how else
to tell you that, but...
Correia: Well, I know that you...I guess I'm wondering, so in the...in the original
ordinance, it explains that a notice of violation is sent with an opportunity
for the landlord to remedy the violation?
Cate: Correct.
Correia: So the current ordinance says that?
Cate: What the...
Correia: Or the full ordinance says that. This is amending this part.
Cate: I don't know...I don't think the full ordinance...
Dilkes: Can't remember if this particular ordinance talks about the notice of
violation. I'd have to go back and look.
Cate: Amy, but with any violation, that we investigate, if it's a founded
complaint, we send out a notice of violation, and at the bottom of that, it
will give, uh, a term to abate, maybe ten days, and it says failure to abate
may lead to further legal action.
Correia: I mean, I'm...I feel absolutely confident in what the practice is. I'm just
talking about having that communicated up front, somehow to alleviate
some of the concerns that...what I'm hearing.. .
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Cate: It is communicated through that notice of violation. If there is an over-
occupancy.. .
Correia: ...notice of violation. I'm saying (several talking) yes (several talking)
Champion: Landlords know exactly (several talking)
O'Donnell: I think the landlords are a very savvy group and...
Champion: Exactly!
O'Donnell: You...if, if you find a violation, if they've got seven people living in a
house that zoning says three can live in, the first thing you do is issue a...a
warning. Is that right?
Cate: We'll send out a notice of violation, Mike. That would be the first thing.
O'Donnell: They have ten days to rectify that or whatever. So I think.. .
Dilkes: Sometimes it's ten, sometimes it's 30, some days...sometimes it's months.
(several talking)
Correia: That's not what I'm talking about. So that's fine. I'm...I'm simply trying
to express, trying to communicate proactively what our practice is to
mitigate people feeling like they're going to get fined the first time they
have a violation, when you're saying they're not. They're going to get a
notice of...and so maybe when these things come out with the memo it's
more fully explained, I don't know. That's what I'm talking about. If
people don't feel...
Bailey: But if the occupancy is listed, I mean, landlords are aware of their
occupancy and...um, is it a bad thing that you believe that you're going to
get fined the first time you violate? I mean, if...when you have kids who
are learning to drive, isn't it a good thing that they believe that they'll get a
speeding ticket the first time they speed, so there's compliance?
Correia: And I guess, I was talking then on the...to try to mitigate any unintended
consequences of, if people feel like they may get fined because they have
tenants who are moving people in, and they don't know about it, that they
may start to increase the amount of deposit to cover their potential losses
having a tenant who may do that. I'm not talking about the outliers, the
colluders, the trying to get around the system. I'm just wanting to...
Bailey: But also, I think some of that was addressed in that, I don't know what you
call it. The requirements for the landlord to have this discussion with
tenants about what the occupancy is. And that's...that's the more
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proactive sort of thing. You know, I'm not going to charge you additional
deposit because I've just told you.
Correia: We can stop the conversation. It's not going anywhere so...
Bailey: Further discussion?
Hayek: Well, I appreciate your sentiments on this. I just think it would be, uh,
exceedingly difficult to, um, proactively communicate to landlords all of
the various civil fines that could be out there, including this one. Maybe
there is a way to do it, but if you do it for some and you neglect to do it for
others, you might open yourself up as a municipality to...to problems.
Um, so...I...I'm impressed by the fact that the process allows essentially a
few strikes before you're out and...and, uh, allows an opportunity for the
landlord to abate the situation before dollar one is...is imposed as a fine,
and ultimately you've got to go before a judge anyway.
Cate: I...I think we're fortunate in having the staff that, uh, has worked at the
City for a long time, and we know the players in the, uh, rental business in
town pretty well. So I think we have a pretty good relationship, and that
helps also. So, that's our goal is to achieve compliance.
O'Donnell: Norm, if I buy a house and I'm going to come in to you and get a rental
permit, are these rules clearly explained to me?
Cate: Um, yeah, we'll talk about the occupancy standards. We'll talk about the
expectations for, uh, you know, keeping the house in good order.
O'Donnell: Because I do agree with Amy that it's got to be very, very clear. And, you
know, so...but in this case, I think it is.
Cate: If you're a new person into the rental business, those, uh, we have a
number of different pamphlets that we hand out to, uh, new owners.
O'Donnell: Thank you.
Bailey: Any further discussion? Okay, roll call. Item carries 7-0.
Karr: Motion to accept correspondence.
O'Donnell: So moved.
Bailey: Moved by O'Donnell.
Wright: Second.
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Bailey: ~ Seconded by Wright. All those in favor say aye. Those opposed same
sign. Motion carries.
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ITEM 23 CONSIDER A RESOLUTION ESTABLISHING FEES FOR
BUILDING PERMITS AND OTHER SERVICES AND ACTIVITIES
OF THE HOUSING AND INSPECTION SERVICES
DEPARTMENT AND RESCINDING RESOLUTION NOS. 02-316,
01-40, 03-183, AND 06-376.
Wright: Move the resolution.
Bailey: Moved by Wright.
Champion: Second.
Bailey: Seconded by Champion. Discussion? Is this the one you had a...okay.
Correia: So this is the...(mumbled) yes.
Champion: Well, while Amy's looking...yeah. Now this...the new, now we're doing
a different kind of inspection, isn't that correct?
Hennes: That is correct. Tim Hennes, Building Inspector.
Champion: (both talking) it's a new inspection, and it's called Mechanical Permit Fee.
Hennes: Well, actually the process started about two years ago, when...with the
support of the Homebuilders and the recommendation from the Board of
Appeals to Council to adopt a licensing requirement for mechanical
contractors, and we did that, and...and with that came an expectation that
the City would provide inspections of the mechanical systems, and we
have implemented that. With that said, uh, licensing of plumbers and
electricians has also occurred previous to that, and the fees for those
trades, the permits for those trades, were, uh, what we're proposing these
to be, and we just felt it was time to bring this...this trade up to that same
fee schedule as the plumbing and electrical.
Bailey: Okay.
Hennes: For those two items.
Champion: Thank you for explaining that.
Bailey: Those are the two changes. Okay. Amy? You had a question from last
night?
Correia: Yeah, I mean, my question was, so these fees will be in, reflected in the
budget area for Building Inspection?
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Hennes: Yes.
Correia: Yes. Okay. And so, does that show up in the...in the summary it said it
would bring out fees generated up to $1.3 million, or something like that.
Hennes: That's a different, um, when you look at the total revenue for the Building
Inspection Department, that's...this isn't going to generate that kind of
money.
Correia: No, no, no. I know that change, but well, I'm not sure...where did I see
that?
Hennes: The budget...the, uh, the 2010 budget for Building Inspection is 1.6
million, almost 1.7 million.
Correia: And so that has those increased fees in there.
Hennes: Yes, that is...
Correia: But we're over receipts to expenditures in this department, so I guess I'm
just wondering why...if we need to...
Hennes: Well, what's not reflected in here is...is one-third of the administration,
uh, the Housing and Inspection, uh, division administration fees doesn't
include the, uh, the utilities or...or the legal staff that we use for the
violations that we cite. Uh, accounting staff...it doesn't account for that.
The budget isn't that detailed.
Correia: Right...because the department administration doesn't include that fees
cover that cost, I mean, general levy dollars cover that cost. Why wouldn't
we reflect it, so it's more transparent and where the fees are going?
Lombardo: Because we don't do activity-based costing, and that's not how we budget.
Hennes: It's my understanding this does go into the General Fund.
Lombardo: These fees...
Hennes: These all, all these fees go into the General Fund.
Correia: So the idea is not...to...I mean, other departments, all of their receipts and
expenditures match up. This is the only...of General Fund department
area where this occurs.
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Champion: Because they're partially self-supporting, almost majorly self-supporting,
whereas other departments are not self-supporting. They don't have a fee
schedule. A lot of...
Correia: No, I understand that.
Hayek: Can you tell me what the magic...why those numbers are the magic
number?
Hennes: The, uh, $150?
Hayek: Yes.
Hennes: It...um, we simplified the system probably back in 2003. Used to have to
count outlets, openings, plumbing fixtures in order to do a permit fee. We
took an average of several fees for single-family dwellings on what those
fees were, and we went with aflat-fee base and...and just made it a more
efficient, uh, system. We even now collect the fee with the building
permit, so the...the uh, individual trade contractors don't have to come in
for... for the residential permits. So we've streamlined it, a little bit.
Hayek: Okay.
Bailey: Other discussion?
Correia: So when we consider the actual costs, because we're talking about the
actual cost incurred that actual cost includes HIS staff time, as well as...
Hennes: Well, it's mainly the HIS inspector time to go out and perform these. We
do...we do, they are...mechanical inspections are now a routine
inspection, while they weren't in the past. For every dwelling unit we go
out and we...we look at the mechanical system. Uh, another thing that has
increased is commercial kitchen hoods, which is a big item in Iowa City,
especially when we do a new bar or restaurant downtown, and they want
cooking equipment. Those are very difficult to get in...in these old
buildings, and they do consume a lot of time. So it is...it is part of the
additional service that we do provide.
Correia: But I mean what you said earlier with the actual cost is really more than
just....it's staff time, it's the actual cost for that whole...
Hennes: When you consider the entire budget, yes, uh, there's more expenditures,
um, it is..it's not, there's things that we don't, that are not included in our
expenditures, that we do have, and that's legal...legal time, accounting
time, um IT time, although some of the IT time is included.
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Bailey: Any other discussion? Okay, roll call. Item carries 6-1, Correia voting in
the negative.
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ITEM 24 CONSIDER A RESOLUTION ESTABLISHING FEES FOR
INSPECTION SERVICES FOR THE HOUSING AND
INSPECTION SERVICES DEPARTMENT AND RESCINDING
RESOLUTION 05-280.
Champion: Move the resolution.
Bailey: Moved by Champion.
Wright: Second.
Bailey: Seconded by Wright. Discussion?
Correia: Well, I'm...I mean, we talked about this extensively in our, um, well, if
there's public discussion (mumbled)
Bailey: Okay. Thank you.
McCallum: Uh, Mark McCallum, 932 E. College, Iowa City, Iowa. Um, eight years
ago, I purchased a property at 811 College that, um, the rent rules for a
typical small studio apartments were about 490 to 525. Um, in 2002, my
property taxes on the building were $14,000. When I just sold that
building in December, it was $28,000. The rents now for the same units
are approaching $700. Um, all these things, these mandates, fees, rental,
they're in all taxes, they pass through expenses, to tenants, and one of the
reasons I sold my building that I worked so hard on for eight years was I
did not want to be the landlord three years from now, having to charge
$900 for a studio apartment. During that time my insurance, I...bills I
kept stable at $3,000 a year. My utilities, I put compact fluorescent light
bulbs everywhere. The cost of government just kept getting bigger, and I
get really frustrated when I hear people say we want affordable housing.
Well, look in the mirror! It's you guys that keep raising the prices. Um,
on the tenants, and we have to keep passing it on to 'em. At some point in,
you know, in buildings with more than three units, apartment dwellers are
taxed 40% higher because they don't benefit from residential rollback.
You would think when you're paying $20,000 on a 12-unit building you
would get your rental inspections for free. That's all I gotta say. Thank
you.
Bailey: Thank you.
Buss: Anna Buss and I'm at 525 W. Benton. (unable to hear, away from
microphone) Friend of mine sent me that from Europe. I'll get back to
what that is later. I want to address one thing that Doug happened to say
about landlords having to address that extra $500 for their unit. Well,
there's a reason that we have to get that extra $500 out of that unit. Press-
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Citizen...sometimes Irealize that there are a lot of landlords in town that
do gouging. There's a lot of us that try not to. We try our best to keep our
rents at an even level. I did not raise the rents on any of my tenants that
stay from one year to the next. I have people in houses, been there five
years. It's nice. They're stable. Now my property taxes have gone up and
all my other costs have gone up. You just passed another thing that you're
going to punish...there's afew bad people, but the rest of the people have
to put up with it. The Housing Inspection department knows who the bad
landlords are. Let them deal with 'em on that basis. To be a property
owner in this town for rental property, the previous gentleman just told
you how his costs have gone up. Property taxes, rental inspections,
upkeep, insurance, the flip tax, interest rates -we're being nickeled and
dimed to death! In the opinion page, Beth Coty kind of said it all,
property taxes are going up again. They're going to add on another school
option tax. You guys want a local option tax. Governments become
pretty tax hungry. To give you an idea about the taxes and stuff in this
town, I just went back and I decided, oh, for the heck of it, that I would
figure up what I paid in property taxes, for the luxury of living in this town
every year. And I get to pay $40,000 in property taxes, which is more
than a lot of people make. I get to pay out $8,000 a year in insurance
because my rental properties are not owner-occupied. Now that doesn't
include the interest that the bank so graciously lets me pay them. Then I
have Housing Inspections. I have additional fees for upkeep, and I don't
complain about the upkeep because I want the houses to be nice. All of
these things just keep adding up and adding up. The City needs to look for
some more money. Well, my question to you is: ten years ago, I went
back and looked through all of my notes, I came to one of the City Council
meetings and I said, why are you not charging for the fire inspections on
all of the businesses? I have yet to understand why you people have not
acted on that. I know the fire department is for it. What are you guys
doing? A few figures, you might want to take a note or two, I called Andy
Rocca and he said they do approximately 1,500 inspections a year. Sitting
and pushing some figures around, now our inspection fees are...we get the
privilege of paying out $120 per structure, $16 per apartment unit, and $8
per bedroom. If you own houses, it's $150 for the structure. It's
$15...they want to be raised to $150 for the structure, $17 per unit for the
apartments, and $7 per bedroom. If you own a house, the fees'll be
different. They're still going to go up. So, let's go back to the fire
department. If you want to fund that new fire department, let's take and
charge $100 for the inspections. That's a base fee. That's going to bring
you in about $150,000 a year. That's pretty good, but I figure 25% of
those inspections, which is 375 inspections, are probably going to be a
little more intense than your average just-show-up, walk through, look at
the stuff and you're out. We've got a lot of bigger businesses, so they get a
$100 base fee, and another $250 on top of that. That brings that total for
375 inspections to $93,750. You've got some factories here in town that
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have major hazardous materials on site, which is another burden to the fire
department because they have to do additional inspections. If those were
an additional $150 per, you now have $52,500 more, and I realize that this
may seem like a small amount to your budget, but that all totals up to
$296,250 per year. That you're not getting. That you've never gotten.
Yet, you all say affordable housing.
Bailey: Anna, would you begin to conclude your remarks.
Buss: Oh, I'm going to! I'm going to wind it up real quick.
Bailey: Thank you.
Buss: And that's why you've got the bar of soap, because all of you, the next
time you even think of the word affordable housing, the bars of soap are
so each of you can wash out your mouths, which is what you should do,
because you're not helping affordable housing in this town at all, and I
thank you for your time.
Bailey: Thank you. Further discussion? Amy, you had a comment?
Correia: Yes. Um, we...I know you all know my position. We talked about this
extensively in our...in our budget session. I'm not for the increase in fees,
um, I do believe this is a public safety...this department is in our public
safety area, um, I believe that it shouldn't be subject to, um, goals for self-
sufficiency. We have business enterprises within the City that are not self-
sufficient, and in fact, we've been subsidizing more than we've been
subsidizing Housing Inspections Services, um, I...I do believe that...that
while we can say that these fees don't add a...may not add a significant
amount to the cost of doing business for a renter, with all of the, um,
increases that...that households are facing, without increased, um, income,
I think that...adding on additional costs potentially increases, um,
instability in housing, um, raises rents, um, half of the renters in our area
are having a hard time paying the rent, um, in this economic time where
people are concerned about being laid off, are being laid off. We have,
maybe not the extent to which other communities have, because we are in
a bit of a bubble with, um, the University, and other industries. There are
people that are facing lay offs. We also have, um, affordable housing
providers that are capped rent, and so this is going to create an added
burden for them to be able to sustain, uh, their business practices. I think
that, um, we need to keep...we increased the frequency at which the fees
are, um, assessed last year, which is increasing costs. Um, I don't believe
that we should be increasing these costs at this time.
Bailey: Further discussion?
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Wright: I think you made a couple of good points there, Amy, and one of them is,
uh, particularly involving some of the, uh, landlords like the Housing
Fellowship, who actually are going to get hammered pretty hard by this
increase, and uh, I...my understanding is that to make it a little bit worse
for them, I ended up reading about this first in the newspaper, that
the...this didn't go out on the landlords', uh, automatic email notification
from the City or something like that. Um, and I actually talked to a
number of folks that were more...as much concerned about the process
involved in this going through, than they were about the actual fee
increase, uh, and I've heard from a number of landlords who are
concerned, not only, um, who aren't as considered, rather, about...as much
about the fee increase as they are about, uh, consistency in the application,
uh, of Housing Inspection, throughout Housing Inspection Services, that
houses that are very well kept up often, uh, get a violation for a very minor
infraction, where there can be neighboring houses that are in much worse
condition, and seem to manage to pass, and it just seems that some
inspections are lax and some of them are more stringent. Um, and we
don't seem to have a lot of, uh, consistency, I guess, um, in the way that
these inspections are operated. That's concerning.
Champion: Well, that would be concerning if that's true, although I think people tend
to look at a building that's not very well physically maintained. It doesn't
mean it's not safe and it's not meeting zoning codes.
Wright: Well, the one I'm thinking about in particular has, just had a boarded up
window for several years.
Champion: Maybe it keeps the bats out!
Wright: Keeps the bats out there right now (laughter)
Hayek: If there are concerns about the process followed, then you know, it's
within our discretion to table this and...and go about it in a way that's not
going to provoke this sort of response you're alluding to, Mike. I...it
hasn't been brought to my attention, um, it was discussed during, you
know, the budget sessions, um, pretty extensively, but...but maybe the
perception out there is that that's not the right way to do it.
Wright: And that's...at the time that we discussed this originally in our work
session I hadn't heard these concerns. So...
Bailey: Well...
Cate: Norm Cate, Senior Housing Inspector. Um, I would like to, uh, respond to
the...the charge that there's a inconsistency in what we do. Um, it is
something that ever since I've been working for the City, which has been
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over 13 years now, in the Housing department, it's something that we hear
quite frequently. Um, and what we do to address that is to hold staff
meetings at least twice a month to go over, um, all the different scenarios
that we come across in housing, to make sure that we're...we're looking at
things in the same way, that um, when we're, uh, citing electrical
violations that we all understand that...a certain part of this violation we
want corrected and uh, we need to get...do it immediately (mumbled)
come back in a month, um, we just make sure that the process that we put
out there for inspection purposes, we try to be as consistent as we can,
because it is...it is a criticism that we have heard over the past 13 and 14
years. Um, but I think on the survey cards that you guys get, I think we
give the survey card every couple of months on how we're doing. I think
it's very, very favorable the process and...and how we are on trying to
explain things to tenants, um, I mean, I'm sure that being human beings
that we see things differently. Everybody has a different way of, uh, of
addressing situations, but we do strive for consistency as much as
possible. The other thing I wanted to say was that, um, we meet with the
Apartment Owners' Association every... at least once a year, uh, and in our
last meeting, uh, the question was raised, what about fees, uh, and we said,
well, there is this scheduled change that has gone through, but Council has
asked us to look at fees again, coming forward the next fiscal year. So it
isn't anything that the Apartment Owners' Association wasn't aware of, in
terms of the possibility of fees being raised.
Correia: I just have another quick question about the...the process for
communicating with landlords. Um, is...I'm under the understanding that
there's a list serve that Housing Inspection Services maintains that is a way
for landlords to subscribe and they...the assumption is that any time there
maybe policy changes or fee increases that it would be communicated to
those that have subscribed so that they would have an opportunity to
address the Council. These fee changes, did that go out on that list serve?
I mean, we're hearing that it didn't.
Cate: Right, I don't think that it did.
Correia: Okay, and is that...why...why?
Cate: I really don't have an answer for you on that.
Correia: Okay. Okay.
Lombardo: Well, and I can speak in terms of how, I mean, how this got, put into the
budget is because I asked for this strategy, so I don't know that staff had, I
mean, this was end of August, early September when I asked for
additional revenue options to help, um, fill out the budget, if there were
things that we'd considered. This was brought up as something that had
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been considered in the past, and uh, I included it to help close the gap on
our budget. So, if this is not something that will be, um, supported, then
we have a hole in our budget equal to, what is this...I forget the revenue
generated, but we don't have a balanced budget, and we'd have to make
some adjustments.
Wilburn: The reason that the hole in the budget would be is, um, and again, this is a,
um, historic conversation with Council, is that you want, um, you're right.
There is a public good in having safety and etc., etc., under...under um,
housing. The question is, do you want it to come out of the General Fund,
which is property tax for everyone, and...or not, or what balance, and if
the, uh, question is you do want it to come out of the General Fund, then
you're either going to reduce even further than already has been done
what's being funded out of the General Fund. Meaning services are going
to go down in other areas, or you also answer the rest of the property tax
payers who say, I don't want to have to pay...I don't want an increase in
my property tax to pay for a business that someone has chosen to go into.
So that's just a philosophical thing. (several commenting) I'm not quite
done, um, the other piece to that, um, no...I forgot where I was going with
that. I'll just have to....but it's a matter of where you want the...and, oh, in
terms of, uh, there maybe some landlords, there maybe some landlords
present that...(mumbled) fee, but their property tax bill, uh, would go up
in another area that they're not going... saying that that, uh, tax coming out
of the General Fund is not going to lead some landlords to choose to raise
their tenant's rent, um, I...you know, it's a matter of where it's coming and
whether they're going to choose to or not, and I, uh, some present may not,
but others...
Bailey: Well, and that's what I've been thinking about, since we had this
discussion, Amy, because I have been thinking quite a lot about this and
our commitment to affordable housing, and what Ross said is, um, to
some...to me, to some of us, if it's General Fund or it's this or if something
else goes up in their business, um, if I believed that, um, landlords raising
rents is a linear process. That is my fees go up, therefore I raise my rents
accordingly, then I would be very concerned about this, but in all my years
in Iowa City I've never believed that it's a linear process. I believe that it's
somewhat arbitrary and capricious, and it's a market will bear sort of
situation. So it's hard for me, um, I mean, Ross' point about putting it back
on property tax...so there's another excuse. It's just like food prices going
up. If gas prices go up, the food prices go up. And we haven't seen food
prices necessarily drop since gas prices have reduced. It's a market will
bear sort of thing, from my interpretation of rents in Iowa City. So it's
hard...whereas I understand your argument, and I understand your
concern, from my perspective...I don't see the direct linear linkage,
because I don't think that that's how many landlords...maybe some...and,
set their rents right and so it's difficult for me to say, no, let's not have a
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balanced budget because this will have an impact, because I don't...I don't
draw those dots that way.
Correia: Well, and I think that (both talking) certainly any one thing by itself is not
going to impact...
Bailey: Or it may.
Correia: ...or it may, and I (both talking) and I think that as we...as we do talk
about affordable housing, I think that there are choices that we can make
to not participate in compounding the cost, and think about, um, that
having safe housing for, you know, I mean...a large percentage of our
housing stock is rental housing, and it benefits me, then the neighbor, you
know, owner-occupied neighbors of rental properties for there to be safe
housing, safe rental housing, and certainly we...we as a city receive more
tax...property taxes from commercial rental housing than we do from,
because of the rollback and all of that, and we also certainly support...um,
departments in...with General Fund dollars that don't have benefit to a
wide range of our population, and I would call again out the Airport, that
is, you know...I mean, we can argue how wide of a benefit that provides
and their ability to raise more money, um, and I think as...as we are in a
precarious economy and as we do know that a large portion of our renters
are having a hard time, were having a hard time before this economic
downturn, paying the rent, I would like to see the City not do anything that
could impact that, whether it actually does or not, it contributes to that,
and so I mean, I think that it is a public benefit. It's in our public safety
area of the budget. I'm not saying we shouldn't have any fees at all.
I'm...and we did raise the fees just a year ago, the cost to landlords when
we went to the every other year cycle. We're not going to realize the
benefits of all those fees, um, and I guess I'm not even necessarily sure
why the staff of Housing Inspections so strongly believe in it. We're
going to have Housing Inspections, so it's really up to us to decide, do we
think that it warrants some General Fund dollars (noise on mic, unable to
hear) saying that I think that it does.
Bailey: And I understand your perspective, I just don't see it the same way.
Correia: That's fine!
Bailey: I mean...so...Mark?
McCallum: (mumbled)
Bailey: Pardon me?
McCallum: Am I going to be allowed to speak?
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Page 39
McCallum: Okay. First I wanted to...Housing Inspection Services is very fair in what
they do, and their professionalism is very high. So I've never had that
problem. I want to support them as a landlord. My issue isn't with that.
Is there are some properties in town that I don't think need to be inspected
every two years. L..I've just gone through two inspections and I think
they'll say my properties, I'm a very discerning landlord and I work extra
hard to keep my properties up, and so some time ago when they started
increasing the inspection fees several years ago, because they have gone
up dramatically over the last few years. They did consider doing things
like maybe for properties that didn't get any violations, which occurred to
me this past inspection I had, before I sold my building, would then not
have to do it for three years. You know, give people credit for good
behavior. Perhaps reducing staff time, you know, staff time spent on good
properties, and then alleviating that budget gap that you've got. But again,
I wanted to address something Ross said here, again, about people not
wanting...my argument as a landlord on behalf of my tenants who are in
small studio apartments, they are living essentially a residential use, but
they're being taxed commercially for it. We can't open a bar in our
apartment building. We can't do, it's not really a commercial use. It's
considered...I know my beef is with the State, because they have talked
about changing the property tax code, and there's a difference
between...inequities between condominiums that are rented, or old
fashioned apartment buildings, which I tend to like to buy old historic
buildings that are being punished. So on that...but so I would argue that
my renters in my building are subsidizing people who live out on the golf
course in these higher end developments, and that they need a break, and
that this is one of many fees that we get. I...I, today I spent two hours
negotiating...Ihave afire alarm system that's being mandated in my
current building. It's required to have two phone lines, and each phone
line costs $60...or $30 a month, and...and so that's a mandated fee of $60,
in addition to all the other things. So each time you guys pass a fire code,
uh, provision, these are things that just keep adding up and adding up. I
have a 13...right now I'm converting a rooming house, which I got a
rezoning for. The property taxes are $24,000, and I'm only allowed 13
occupants in the building. Okay? And the market value for a rooming
unit is $400 a month. I mean, the property taxes are about...it's the second
largest expense item behind the mortgage...on properties! And so, it's at a
breaking point that you really have to start...stop piling on the...on the
landlords, and like I beg you again, when you're paying $24,000 or
$28,000 on a building, you would think you'd get your rental inspections
for free, especially if it's something being mandated on you. It just doesn't
seem unreasonable. You're being taxed commercially for something that
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you should get some extra benefit for those extra tax dollars that you're
paying on and above. Thank you for your time.
Bailey: Thank you, Mark.
Buss: Don't put too much weight on that, that they contacted the Landlords'
Association. There's only like 60 members. At any given meeting, only
about 15 show up. Um, and they, we have the biggest turnout when Norm
and the guys from the Housing Inspection department show up, and the
one thing that the gentleman prior to me said was very true. The Housing
Inspection and heaven forbid that I would give 'em a compliment, but they
do a good job. They actually do. They, but they know who the bad
landlords are in Iowa City, and we have some that are real humdingers.
But my egregious violation last year on one of my properties was, and
Norm gave me an extension, I need new gravel on my driveway. Now, I
don't think that requires them coming back out a lot. I call it in, tell'em
it's done, they're out driving around, they see it. It's okay. But one of the
things that we argued about before was, don't shorten the housing
inspections -lengthen 'em. And that would give everybody a little
breathing space, and the landlords who are the ones that need to be
watched a little closer, the Housing Inspection department can get those on
a complaint basis, because there's complaints about that. So that's
something, and again, I realize that you don't think that everything gets
passed on to the tenants, but they do. They get passed on to the tenants.
When I sent my renewal letter out this year, one of the things I said, if you
have questions about your rent, call the City Council, and I gave them
each and every one of your phone numbers and email addresses, so they
could contact you. And I know a few of'em have, and according to some
of the high rents. Um, what Amy said is true. We've got a lot of people
that are on a paycheck to paycheck. That's very difficult. Um, maybe you
as Council Members can't understand that, but I'll tell you what, I can,
because I see people come and say, "Can I just give you some of my rent
every week?" And a lot of landlords have had to really negotiate with
their tenants, and it's every cost we have gets passed on. And if you really
are...new mayor, welcome to Iowa City, but if you want to find some
extra money, go back to this fire inspection thing. There's a lot of money
there. Thank you.
Bailey: Further discussion?
Hayek: Um, I...the concept of...of extending the inspection cycle for good
landlords has some appeal. I have no idea budgetarily or...or
programmatically whether that would fly, um, I think as Mr. McCallum
noted, that the bigger issue in terms of inequities in our taxing system, as
they relate to apartments, is...is between the residential and the
commercial tax treatment afforded, um, well, large apartment complexes,
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those that can be condominiumized, either because they were built that
way or could be because of how they were built, after they go onto the
market, enjoy essentially half the tax rates that a large apartment building
that didn't have that, um, enjoys, and that creates huge inequities, but
again, that's the...that's at the State level.
Wilburn: And that's also something that we have worked towards (several talking)
Bailey: Continue to work, or try to work towards that.
Champion: It's actually really ruining our General Fund (mumbled) condominium
situation that's a rental unit. Um, I do...you know, I...I like the idea. I
think we're subsidizing fire inspections, that this is a public safety issue.
The fire department comes to my businesses and inspects them for fire
hazards, and we always have some infraction, so they have to come back.
Um, but we don't get charged for that. That's inspecting a public safety
thing, in a business, and if an apartment's a business, my business is
certainly a business, I think that's an interesting concept.
Bailey: Further discussion? Okay, roll call. Item passes 6-1, Correia in the
negative.
Champion: ...break?
Bailey: Yes, we can take aten-minute break. 9:00.
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ITEM 25. CONSIDER A RESOLUTION SUPPORTING AND APPROVING
THE REVITALIZE IOWA'S SOUND ECONOMY (RISE) GRANT
APPLICATION FOR THE RECONSTRUCTION OF 420TH
STREET EAST OF HIGHWAY 6.
Correia: Move the resolution.
Bailey: Moved by Correia.
Hayek: Second.
Bailey: Seconded by Hayek. Discussion?
Champion: It's a good thing!
Bailey: A good thing if it's (mumbled) yes. Okay, roll call. Item carries 6-0.
Mike Wright missing in action. (laughter) All right.
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ITEM 26. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND
ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE 420TH STREET
CORRIDOR IMPROVEMENTS PROJECT.
Wilburn: Move adoption of the resolution.
Bailey: Moved by Wilburn.
Hayek: Second.
Bailey: Seconded by Hayek. Discussion?
Hayek: These figures, uh, are included in the cost estimates we looked at a while
back for this project. Is that correct?
Lombardo: Correct.
Hayek: It's not on top of that.
Bailey: Further discussion? Just for the public's sake, this is for our industrial
park on the east side of Iowa City to bring this online quickly. Roll call.
Item carries 7-0.
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ITEM 28. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
NORTH DODGE STREET PEDESTRIAN BRIDGE OVER
INTERSTATE 80 PROJECT.
Wilburn: Move adoption of the resolution.
Bailey: Moved by Wilburn.
Hayek: Second.
Bailey: Seconded by Hayek. Discussion?
Correia: Is this one of the projects that we're wanting to get shovel-ready in case
the...stimulus package includes infrastructure (several talking) that was on
the list...
Lombardo: This would be a great candidate for stimulus funding, yeah, but we need to
get engineering done and get things so that we can get a project done in
the timeframe that they're...
Correia: This would help us be ready if...right.
Bailey: We've also talked years...for years, to Iowa DOT to also help fund this
similarly to what they did in Des Moines, funding their pedestrian project,
bridge projects, but...not so much funding is coming our way.
Lombardo: We have Dan Scott from our Public Works Department here, uh, if you
have specific questions about the project. Is there anything you want to
add?
Scott: Uh, well, yeah. My name is Daniel Scott. I work for the Engineering
Department. I...I just want to, uh, repeat I guess what you just said. It is
one of the, uh, stimulus packages candidates so...
Correia: And is this, will this be...so it's a pedestrian sidewalk, good for bikes, it'll
be the 8-foot...
Scott: Right. It'll be more for the recreational I guess (mumbled)
Bailey: And connect up.
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Correia: Well, and I know there are people that either do commute out to that area,
or would commute if it was safer to do so over that (coughing, unable to
hear) bit of ground, so...
Bailey: Yeah.
Wright: ...develop and continues to go up that way, this is going to actually end up
getting quite a bit of use.
Bailey: Well, Amy's right. There are people who are commuting now and
it's...(both talking) because (noise on mic, unable to hear) yeah. So this is
a good thing. Okay, roll call. Item carries 7-0.
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ITEM 30. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND ANDERSON-BOGERT ENGINEERS
AND SURVEYORS, INC. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE BURLINGTON/MADISON
INTERSECTION AND MEDIAN PROJECT.
Wilburn: Move adoption of the resolution.
Bailey: Moved by Wilburn.
Champion: I'm not going to support this.
Bailey: LTh, we need a second first, Connie, before we do discussion.
Wright: Second.
Bailey: Second by Wright. Now discussion. Connie?
Champion: I don't think we can afford it. I mean, it's...the engineering fees aren't that
much, but the whole project's going to be very, very expensive, and um,
I'm just looking at ways to cut the budget, the CII', and so people's
property tax is not impacted so much, and so I'm just not going to support
this. It's a very expensive project.
Wright: I'm with you, Connie. I'm not going to be able to support this one either,
both because it is an expensive project and because I'm not even sure...not
sure that it entirely meets its stated objectives. If pedestrian safety
and...and uh, helping better direct the flow of traffic on Burlington.
Correia: What we're talking about...this section that we're talking about is the
intersection of Burlington and Madison, right?
Bailey: And the median...(several talking)
Wright: This is just the engineering.
Correia: But I know, but we're talking about two different pieces. So we're talking
about the intersection improvements, which there need to be intersection
improvements. There's a new recreation center being built there.
Wright: But this also includes (both talking)
Correia: Hold on a second. I'm getting there, and then it includes that portion...this
part of the engineering is just the part from...
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Lombardo: It's for the intersection, and then the part from Burlington to Madison.
Correia: Madison to Riverside, on Burlington.
Lombardo: Correct.
Correia: That piece of it. That's what this engineering...
Lombardo: Correct.
Correia: ...is for, and the University is willing to pay, to put in $700,000 for this
project?
Lombardo: For the entire, uh, the entirety of it. So whatever work that's
contemplating on Burlington, with regard to medians, even extending up
beyond Madison, this would be a lump sum amount for the entirety of it.
Correia: Right. Now...
O'Donnell: And there's also an expected, uh, completion date on it, isn't there?
Lombardo: Um...
O'Donnell: With the University's participation.
Lombardo: I don't recall the specific date, or the details of the...the project timeline
and what their expectations are.
Bailey: For this section, they did want it completed by the time that the recreation
center, or the...what are they calling it? Building or center, their (several
talking)
Champion: And I think that's great. Then maybe they can just pay for the whole
thing!
O'Donnell: But isn't there some kind of...of expectation that we continue the project
on Burlington Street?
Wright: I don't think at this level of funding there's not, there was some talk about
the University paying (mumbled) if we would agree to take the rest of it. I
don't think that ever happened (mumbled)
Bailey: Not bill in full. I think a shared cost.
Wright: But just a shared cost?
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Bailey: I never remember hearing bill in full. I think (several talking)
Lombardo: I think there's expectation that we're going to continue through, um, I
don't, based on the letter that I just got in my mailbox today and reviewed,
um, shortly before the meeting, the letter doesn't state that the $700,000
commitment is contingent upon that, and that's something we absolutely
should clarify.
Bailey: Contingent upon what?
Lombardo: Completion of the...the remainder of the median.
Bailey: Well, it doesn't quite make sense to have a median on a State highway if
we're not going to continue it, and that's my concern. We go back and
forth, and originally when this project came forward, how many years ago
has this been? I hadn't...I had concerns and some of those...those
concerns have been addressed, but we continue to flip-flop -I'll use those
words - on this project, and it's in our CIP. I think we should...I think it
sends a lot of mixed messages to the University, as well as to our own
departments about, if we're committed to this project or not.
Wright: I for one will say I have never flip-flopped on this project.
Champion: I've never been committed to it. And I think the amount of money, at this
point, when the economy...
Bailey: I know you haven't, but I thought that we had general consensus. And
(several talking) CIP.
Wright: ...expensive stick a lipstick to the pig. (laughter)
Bailey: (unable to hear)
Champion: I like that! I got to remember that! (laughter)
Hayek: Well, not it sounds like there's some confusion as to what the...what the
cost share is, what the commitment is, what the expectation is. Do we
want to vote on this tonight with this apparent...
Bailey: I'm ready to move ahead on this project. I indicated it in the CIP meeting
that I was (both talking)
Correia: We didn't take it out of our CIP (both talking)
Bailey: That's my point! Yeah, that's my point.
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Correia: I thought we all agreed on the CIP.
Bailey: I know Mike has...
Correia: I know Mike...yeah.
Bailey: So that's what I thought we were indicating we were going ahead, but...
Hayek: Uh, did we take an informal vote on that, did we...
O'Donnell: It only takes four to go ahead, and everybody very well maybe for it.
Bailey: (laughter) So, roll call. Okay, item carries 4-3; O'Donnell, Champion and
Wright in the negative.
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ITEM 31. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
LANDFILL GAS COLLECTION SYSTEM IMPROVEMENT
PROJECT.
Wright: Move the resolution.
Bailey: Moved by Wright.
Correia: Second.
Bailey: Seconded by Correia. Discussion?
Champion: And this will be paid by Landfill money.
Bailey: Uh-huh. Okay. Roll call.
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ITEM 32a. CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT
SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY,
SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX
REPAIR CHARGES AND DIRECTING THE CLERK TO
CERTIFY THE SAME TO THE JOHNSON COUNTY
TREASURER FOR COLLECTION IN THE SAME MANNER AS
PROPERTY TAXES.
Bailey: And we have a revised list...FYI.
Champion: And these are people who have not paid their fines or whatever you want
to call it. Fees.
Bailey: Can I have a motion?
Correia: So moved.
Bailey: Moved by Correia.
O'Donnell: Second.
Bailey: Seconded by O'Donnell. Discussion? Okay. Roll call. Item carries 7-0.
Karr: Motion to accept correspondence.
O'Donnell: So moved.
Bailey: Moved by O'Donnell.
Champion: Second.
Bailey: Seconded by Champion. Discussion? All those in favor say aye. Those
opposed same sign. Motion carries.
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ITEM 32b. RESOLUTION APPROVING THE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE
LOCAL MATCH OF THE HAZARD MITIGATION GRANT
PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT, AND
RESCINDING RESOLUTION NO.09-7.
Correia: Move the resolution.
Bailey: Moved by Correia.
Wright: Second.
Bailey: Seconded by Wright. This is just cleaning up some requirements that the
State has requested, correct?
Dilkes: Yeah.
Bailey: Okay.
Correia: And just for the public, these are for specific CDBG funds that would be
coming for flood (mumbled) not our regular CDBG Block Grant.
Champion: I'm glad you pointed that out to people.
Bailey: Okay. Further discussion? Roll call. Item carries 7-0.
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ITEM 33. CONSIDER A MOTION GRANTING A 45-DAY EXTENSION TO
THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF
THE PUBLIC REPORT WITH THE CITY COUNCIL ON
COMPLAINT #08-09.
Champion: So moved.
Bailey: Moved by Champion.
O'Donnell: Second.
Bailey: Seconded by O'Donnell. Discussion? Roll call. Oh, motion. All...
Wright: Matt, did you have a...
Hayek: Well, I...
Bailey: Sorry!
Hayek: This is, we did this recently, didn't we?
Bailey: For the same complaint.
Karr: No, this is a different complaint.
Hayek: Okay. I mean...
Karr: It's a procedure.
Hayek: Okay. Cause I...makes me wonder whether the 30-day requirement is
realistic if we're having to extend it, but maybe that's the exception and not
the rule.
Bailey: Okay. Further discussion? All those in favor say aye. Those opposed say
nay. Motion carries.
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ITEM 38. CITY COUNCIL INFORMATION.
Bailey: Amy?
Correia: Um, I just want to let folks know that the free tax help clinics have started,
uh, at the Iowa City Public Library on February 1st, um, it's been very
busy. The Library's been great, um, to work with for the University
volunteers. They have increased number of student volunteers. These are
the accounting students in the Tippie College of Business. They go
through the IRS volunteer income tax assistance program training. In
addition, they have other...they take another tax class so they're super-
prepared to do folks' taxes. Um, there's also community sites that are
opening, um, Northwest Junior High on Monday, um, Lucas Elementary
will begin a site on Sunday, so that information is on the icgov.org web
site on the home page. You can click on the free tax help link and find the
schedule of...of all of the, uh, clinics, or call the United Way 211.
Bailey: Okay. Thank you. Matt?
Hayek: Nothing.
Bailey: Ross?
Wilburn: Just want to thank the City Manager for his participation and attendance at
a cultural competency training that the Iowa City Community School
District, uh, provided. He was one of the panel members and uh, did a
very nice job and Council Member Correia in her other capacity was also
a panelist, and they both did a very nice job.
Bailey: Mike?
O'Donnell: Nothing.
Bailey: Connie?
Champion: Nothing. You did a good State of the State today, or State of the City.
O'Donnell: I agree!
Champion: You did a great job.
Bailey: Thank you!
Wright: Maybe the State of the State could be in a few years. (laugher)
Bailey: Mike?
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Wright: I have nothing (mumbled)
Bailey: Okay. Um, I just want to express my appreciation to Council Member
Wilburn, and the City Manager. Last week we were in Washington. We
talked to our, um, our Senators and our Congressmen about projects to
elevate Dubuque Street and the Park Road bridge, as well as relocation of
the north waste water treatment plant. I think that those projects were well
received and certainly it was understood that those are vital, um, sort of
flood, um, or in light of the floods, that those are important projects. So
thank you very much. I know that it takes time away from work, so I
appreciate it. And then, um, Amy, in answer to your question on Item 22,
the ordinance does include some process information, um, Ross was able
to look that up on the computer when we were discussing it. So it's there.
Okay? City Manager?
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ITEM 39. REPORT ON ITEMS FROM CITY STAFF.
Lombardo: Uh, last Friday we were, uh, we enjoyed a presentation, uh, by the
Governor at, it was Noon Rotary sponsored it, but it was a community
event, uh, Governor had very positive remarks; part of the day was, um,
doing tours of various businesses in the area, and I think it was very well
received. At that, uh, presentation the Governor announced that he is very
serious about establishing office hours, in Iowa City, uh, and I've been in
contact with his office and have indicated to them that we'd be more than
helpful in assisting him with space if he so desired, um, I think they have
some other ideas, uh, for alocation -the Old Capitol perhaps - um, but uh,
he is committed to doing that, it would seem, and so I think that's a
positive sign for Iowa City, uh, and...and uh, his presence here I think will
be warmly received.
Bailey: Did you indicate to him then that if he wanted to move the capitol back to
Iowa City that he was also more than welcome to...
Lombardo: He...he did, uh, insinuate that, in a joking way, and uh, it was welcomed
with a round of applause, so....uh, who knows?
Hayek: I'll give a bar of soap to anyone who can say for how many years the
capitol was in Iowa City.
Wilburn: (mumbled) wasn't it?
Correia: How many?
Hayek: The answer's 11.
Correia: Oh! (several talking and laughing)
Lombardo: With that I have no other comments (laughter)
Bailey: Dale?
Wilburn: Question, uh, first, did we have anybody, um, apparently the new, um,
Homeland Security (noise on mic) Secretary was here in town. Did we
have anybody...
Lombardo: Our Police Chief is part of that.
Wilburn: Okay, great.
Bailey: Dale?
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Helling: Even if I had anything, I wouldn't bring it up! (laughter)
Bailey: City Attorney?
Dilkes: I just, because we had nine of the cigarette penalties on the agenda tonight,
I just wanted to thank the County Attorney's office and Andy Chappell
particularly for prosecuting those for us. They do it as a courtesy to the
City, so we don't have to do it in front of our own body, um, we appreciate
it.
Bailey: (several talking)
Karr: Just noting, we have a draft, uh, memo that we'll put in the packet this
week about your schedule that we talked about briefly last night. Take a
look at it. It is a draft and we'll finalize it for Thursday's packet. So if
there's any changes or anything...let me know.
Wilburn: I'm sorry, where's it at?
Karr: It was...it's in your packet.
Wilburn: Okay.
Bailey: Oh, thank you! Okay. All right, I would entertain a motion to adjourn.
Wilburn: Move to adjourn.
Hayek: Second.
Bailey: Moved by Wilburn, seconded by Hayek. All those in favor say aye.
Marian, thank you very much. Long meeting.
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