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HomeMy WebLinkAbout2009-02-24 Transcription#2a Page 1 ITEM 2a. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Regina Elementary Bailey: Will the students from Regina Elementary please come forward. Well, thanks for coming down tonight. We really enjoy this part of our Council meetings, and we're eager to hear, um, your activities and what made you, um, get this award. So I'll hand the microphone to you. Hold it real close, and just read your statements. Gaffey: Hi, I'm Ashley Gaffey and I'm a 6th grader at Regina Elementary. I've been involved with volunteer service projects for several years. My favorites are working at the Special Olympics banquets, constructing the (can't hear) Care Center birthday board, and sandbagging in the Iowa City during last year's flood. In the classroom I've worked very hard to receive good grades. I've completed my homework and turned in when assigned. I'm kind and helpful to other students and teachers. I'd like to thank the Iowa City City Council for this honor given to me, especially my teacher Miss Carpenter for nominating me. Thank you. (applause) Hogan: My name is Grant Hogan. I'm in the 6th grade at Regina. (noise on mic) My name is Grant Hogan. I'm in the 6th grade at Regina. I want to thank my teacher Mrs. Carpenter for nominating me for this Citizenship Award. I am a homeroom representative for our Student Council. We have monthly service projects for our school and charities. I'm a Boy Scout First Class and I'm working to earn an Eagle Scout in 10th grade. I'm an altar server at St. Mary's Catholic Church. I help make desserts for the free lunch program at the Wesley House. I play golf in the Iowa Junior PGA. I also play soccer and the Iowa City Boy's Baseball. I play the bass in orchestra, percussion in band, and piano. Thank you. (applause) Porter: Hello, my name is Jamie Porter. I'd like to start off by thanking the Iowa City Council and my teacher, Miss Rushton, for this nice honor. Going to Regina has taught me how to be kind to other people. I work at the Salvation Army one Saturday every month with my mom, serving food and drink to homeless people. I'm training to be an accolade at my church. I'm the treasurer in the Regina Student Council. All three of those things, and many more, have taught me how to be nice to other people. My family has also had a big influence on how to treat everyone respectfully. Thank you all once again. (applause) Bailey: I think the three of you are busier than the seven of us. You're very active, very impressive (laughter) and now we have an award for you. I'm going to read one of'em. They all say the same thing, except of course yours has your own name on it. Citizenship award, for your outstanding qualities of leadership within Regina Elementary, as well as the community, and for your sense of responsibility and helpfulness to others, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #2a Page 2 we recognize you as an outstanding student citizen. Your community is proud of you, and this is presented by the Iowa City City Council. Jamie. (mumbled) Thank you (applause) Hayek: Madame Mayor, I...I uh, just have to take this opportunity to disclose that Mrs. Hogan's mother was my teacher back (several talking and laughing) Bailey: Wow, this is such a small community! That's always great! (unable to hear person in audience) (laughter) You did a good job with him! Champion: We don't really know him! (laughter) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #2b Page 3 ITEM 2b. PROCLAMATION. b. National Women and Girls HIV Aids Awareness Day -March 10, 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Kim Lamon from the United Action for Youth. (applause) Lamon: And I just wanted to announce a couple of activities that UAY, along with our other organizations, Planned Parenthood of Greater Iowa, I-CARE, Johnson County Public Health, and Emma Goldman Clinic, are doing to recognize this day, March 10th. The week of March 9th through the 14th, United Action for Youth's Center at 355 Iowa Avenue will be hosting two blocks of the Aids Memorial Quilt. This event is free and open to the public. So I recommend and encourage all of you to come check that out. On March 9th, which is a Monday, we're having a film screening and panel discussion for the movie "Out of Control, Aids in Black America" and this is a Peabody Award Winning Film. It's from 7:00 to 9:00 at the Iowa City Public Library Meeting Room A. And on March 11th, a Wednesday, we're having a band show and health fair at the Youth Center, and it's from 7:00 to 9:00. That way you can check out the quilt, have some health education, and enjoy some local girls rocking out. Thank you so much! Bailey: Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #3 Page 4 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. O'Donnell: Second. Bailey: Moved by Champion, seconded by O'Donnell. Lombardo: Madame Mayor, um, there was a question last evening with regard to f.l., and uh, it's a conveyance of a sewer and trails' easement. Uh, followed up on that today. I just want to articulate that the current construction of the Staples' building, um, is, uh, the current, uh, electrical and sewer easement runs right through the middle of the property. This is to route it, um, outside of the building footprint, and...and still achieve, uh, the water and sewer connections. Bailey: Thank you. Hayek: Thank you. Bailey: Any further discussion? Okay, roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #4 Page 5 ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Bailey: This is a time for people to speak to items that are not on tonight's agenda. If you wish to address the Council, please approach the podium, state your name for the record, and limit your comments to five minutes or less. Larson: Good evening, Mayor and City Council. My name is Scott Larson, and I'm here tonight, uh, as a representative of the C Free Wireless Project. Um, I'd actually hoped to attend your last meeting, uh, but was not able to do so because of personal obligations. I did submit, uh, some...a letter, um, and this is regarding the request as part of your Community Event Program funding grant. Bailey: We will be discussing the budget, we have a public hearing later in the, uh, agenda, so if you'd save your.. . Larson: I'm sorry. Bailey: Oh, that's fine! But that would probably be a better place (both talking) discussing that. Larson: Okay, thank you. Bailey: We're interested in hearing your comments, so thanks for being here. Larson: Okay, very good. Thank you. Bailey: Anybody else wishing to address the Council on items that aren't on tonight's agenda? Barnhill: My name is Candy Barnhill. I live at 154 Friendship Street, and this is my third time, my third season coming before the Council. It's with respect to snow removal issues, and I'm here to ask if the Council would consider asking City staff to investigate and perhaps make an amendment to City Code, 645 Item B, and that reads, exceptions to the provisions is the section, the omission of sound in the performance of emergency work, including snow removal and maintenance of trees, and I would ask that consideration be given to amend that so that after maintenance of trees, it's on public property, specifying public property. The reason I'm asking is there is an out-of--town landscaping company that does snow removal. They have worked on the properties on the north end of Friendship Street, the condo, which sits on Washington, the adjoining four condos that sit on Cayman, the properties that are on Scott Boulevard. This particular company does not utilize good neighbor policy. On Valentine's morning they were there at 1:38 A.M. They come at midnight. They come at 3:00 A.M. In the Code, City Code specific activities prohibited 643, A2, says This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #4 Page 6 no person shall operate construction equipment before 7:00 A.M., and after 10:00 P.M., unless a permit has been obtained from the City. Section B talks about powered motor...model vehicles. This particular snow removal corporation uses an ATV with the blade to drive up and down the public sidewalks to clear the snow. So that's mildly noisy. They also use a Bobcat when they're cleaning all public parking lots, as well as cleaning driveways. When the Bobcat reverses, it does emit a very loud beeping noise. There are no berms in this area to keep the noise down. Last year when I spoke before Council and made this request, they said that they were going to review the snow ordinance. This year, this past week, I did ask the City Engineer's office. He did speak to Legal. Legal department said that it's their interpretation of the Code that any activity having to do with snow removal work is considered emergency. So whether it be regular snow maintenance or public property, emergency, it's all considered emergency and that is prompted by the 24-hour window. So, therefore, my request is if you would please give consideration to having the Code looked at, and just...the section 645 be amended so that it will apply to public property only. Bailey: Okay, thank you. Michael, I know that we're...we'll be reviewing our snow emergency ordinance. Could we possibly just roll this.. . Lombardo: I'll bring this up at staff and we'll provide a report out to you. Bailey: Okay, thank you. Barnhill: Thank you. Bailey: Thank you. Others wishing to comment? All right. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #Sb Page 7 ITEM 5. PLANNING AND ZONING MATTERS. b. REZONING 2.97 ACRES OF LAND LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD-8) ZONE. (REZ08-00012) PUBLIC HEARING Bailey: This is a public hearing (bangs gavel). The public hearing is open. And first we'll hear from our staff. Davidson: Thank you, Madame Mayor. Good evening, Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development for the City. Uh, Item S.b., as the Mayor has indicated is an application submitted by Three Bulls for a rezoning from low density single family RS-5 to planned development overlay, medium density single-family OPDH-8, and the preliminary plat of Hickory Pointe, uh, subdivision, uh, located on Hickory Trail, west of First Avenue. The...the plat will follow the third reading of the, uh, the zoning. Uh, just some highlights from the staff report then, uh, what's planned here is a, uh, a three-lot development and then including the extension of Hickory Trail to the west property line, that's the fourth lot of the...of the four, uh, to construct 18, uh, townhouse units. They would be three sets of six, uh, the size of the property is between two and a half and three acres, as I mentioned the existing zoning is, uh, residential single-family RS-5; however, the Northeast District Plan, which is the Comprehensive Plan for this area does indicate that townhouse development is appropriate in this area and we'll touch on that in just a minute when I hit, uh, the Comprehensive Plan highlights. Uh, there is currently...there are currently three undeveloped single-family lots here. It's necessary to reconfigure them, re-plat them basically, in order to accommodate the townhouse units. Um, there is where the property is located, just to orient you...oops, I (mumbled) this is Hickory Hill Park here. This property is...uh, commonly...I guess I do have (mumbled) I'll just use that. Uh, this is Hickory Hill Park, uh, the Larson property here. The Hammdorf property here, existing first in Rochester development, and here is First Avenue and the intersection with, uh, Rochester Avenue right here. So that orients you as to where the property is located. Um, I think most of you are aware that the planned development overlay allows adjustments in the underlying zoning, flexibility to allow us to do some things which, uh, we may wish to do on a particular piece of property, because of the unique characteristics of that property, and I'll go through some of those in just a moment here. If you'd like me to go through any of the other elements of, uh, OPDH ordinance, I would be happy to do that. Um, in terms of the Comprehensive Plan as I mentioned, the Comprehensive Plan does call for This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #Sb Page 8 a mix of housing types, uh, in the northeast planning district. Uh, clustering in sensitive areas and along arterials, and that's exactly what's proposed for this parcel of property, uh, and we'll also hit on the sensitive areas here in just a second. It is staffs opinion, and the Planning and Zoning's, uh, Commission's opinion that this does, uh, comply with the Comprehensive Plan. In terms of the general plan development, uh, approval criteria, uh, we...we certainly look at things like density and design, uh, what are proposed then...here is the, uh, site plan layout. You see the three lots, and at the bottom here is the extension of Hickory Trail, which will terminate at the west property line, um, this property although I did refer to it as the Larson property has been recently purchased by ACT. We're not exactly sure what their plans for the property are, and those could change over time, as well. This will provide the opportunity for access to be provided to First Avenue from that property, uh, and that is why we've proposed the extension here. Um, I did want to mention, I neglected and I did want to mention it that, uh, obviously there is an existing built-up neighborhood in this area, so there are some sensitivities with the adjacent neighbors. The, um, the applicant has complied with the good neighbor policy, uh, which is voluntary and had a meeting with neighboring residents. They have also met with representatives of the Friends of Hickory Hill Park, which is of course another, um, adjacent land use that we want to be sensitive to with this development, and I'll run through a couple of things that are...that are being done here in just a moment. Um, so, as you can see there, the OPDH plan allows flexibility in how the townhouses are arranged here, compared to a conventional single-family subdivision. Uh, one of the very important things that we're able to accomplish with this development plan is as...as you know, we don't want individual curb cuts, uh, virtually impossible to do with the townhouse development anyway, but even if the...the current zoning of residential single-family, we would not want individual curb cuts, and you can see here that the developer has configured arear-access lane so that all 18 units will have access from the rear. There are two curb cuts -one there and then the Hickory Trail, uh, curb cut there. Uh, in terms of the mass and scale of the buildings, we like to have something that is sensitive to the, uh, adjacent area, and comparable to what would have been allowed under the...the underlying zoning. Um, we...we've also done a traffic...we asked JCCOG, Transportation and Planning Division, to do a traffic analysis, look at the proposed turning movements, locate a...look at the site distance and the proposed curb cuts, and they're comfortable with...with all of that. Um, obviously this development will generate traffic that is not there currently, so we can't expect that it's not...certainly it's going to add to the, uh, traffic stream on First Avenue, but we want to see that that's done as safely as possible, and we feel like this design does reflect that. Um, there is...I will also point out here, a couple of things dealing with the adjacency of the Park. There is a small remnant parcel right there, which will be added to Hickory Hill Park, as part of the open This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #Sb Page 9 space, uh, requirement, uh, for the property, and let me find that...uh, the...the total, there's approximately 4,500 square feet of open space required under, um, our Open Space Ordinance, uh, they will agree to dedicate the small parcel that I just showed you, and then pay a fee for the balance that...that would be required. Um... Hayek: Where...where's that small parcel again? Davidson: That small parcel, Matt, is right...it's actually on the south side of Hickory Trail. This is Hickory Hill Park property here, so ifll just be added. We...we, um, in order to get the street design that we wanted in here, we had to scooch the street up so that it lines up with the street on the east side of First Avenue, and that left us the little remnant parcel so that'll achieve part of the open space, uh, through that dedication. Um...let's see, if there are any other questions about, uh, if there are no other questions about traffic, I'11...I'll move on here. Um, we feel like the design of the buildings, which you see here, and uh, to orient you maybe a little bit better than the drawings do here, this is the same developer that built, uh, the townhouse buildings at the intersection of Scott Boulevard, Dubuque Road and Dubuque Street. Uh, if you can recall those in your mind, these will be very similar units, other than the details are slightly different, but we're very satisfied with the, uh, design and the building materials, quality building materials being...being used in these. Uh, and again, we think ifll fit in well with the existing neighborhood and the adjacency to the, uh, the Park. Oh, I did want to point out...that there is some, and this will all be required under the Conditional Zoning Agreement, some screening to the Park, and to a private open space here, and again, this is...this is part of the flexibility with the OPDH plan allows us to do. If these were single-family lots we would not have this, uh, this open space provided here. It is a private open space, but we feel like it's a good, uh, buffer up against the Park, uh, to the residential units. And all of these details that I'm laying out will be, again, under the Conditional Zoning Agreement required under the site plan that will eventually be approved. I also wanted to touch quickly, um, this...this property will...require a level-two sensitive areas review, uh, because of steep and critical slopes, and I have some photographs here, I believe...yeah, there. There's the site looking south on First Avenue. The site is off to the right-hand side of the picture. Uh, little bit further...and you can see...you can see the steep slopes. What is...what is proposed here is a property, there's a good view of it right there, uh, is a property that will be extensively graded, uh, and although there are steep and critical slopes, what we've been able to determine is that these slopes have been recently created, uh, when First Avenue was constructed through here. They are man-made slopes and as you can see, they are not wooded and so for that reason staff and Planning and Zoning, uh, Commission are satisfied with the extensive grading that will occur in order to fit the townhouse units on...on the site. Um, there is This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #Sb Page 10 also a, uh, on private property, uh, excuse me - on public property, uh, right adjacent to this site there is a mature oak tree that we're going to take some special measures to make sure that that is protected during the construction. There was also a minor modification required for...the, uh, north driveway, right there, basically because it's...it's closer than allowed to the property line here, and that minor modification has been approved administratively, uh, already. Uh, to summarize then, in terms of the Conditional Zoning Agreement, this is recommended for approval subject to compliance with the concept plan, uh, that you've seen, dated January 9, uh, compliance with the building elevations, uh, that I showed you. Uh, approval of a detailed plan for the, uh, proposed shared open space, and this will be because they're disturbing, uh, such a high percentage of the site with the...the steep and critical slopes with the grading, the site plan will actually be part of a plat that comes to you, and you'll have the final approval of that, as well. So the open space and the...and the buffering that you see here to the Park will all be a requirement of that. We also have some specific requirements in terms of the type of, uh, trees and shrubs that are used in the landscaping plan here. Uh, and the developer has agreed to that, and then the, uh, the minor modification which has already been secured for the north driveway there, so...any, uh, questions? Hayek: Question about the (several talking) Champion: Go ahead... Hayek: ...well, I was going to ask, the extension of Hickory Trail at the south end, um, places that road as close to the Park as it could possibly be on that...on that property. I mean, I can see why you would want an extension to the west of Hickory Trail, but are there traffic or safety considerations that would dictate in favor of that, as opposed to farther north? Davidson: Yeah, I mean, there's a couple things...from a traffic engineering perspective, Matt, the important thing is to have that line at a 90% angle with Hickory Trail, uh, across the street. That's the safest configuration in terms of a...a basically four-way square 90% intersection. That's why we want it located here. And of course, until anything develops in the property further to the west, which ACT has told us, you know, they basically bought it to control it. They have no plans for it at this time, other than to just leave it in the existing use, um, this'll just be, basically, a private driveway to the, uh, to the condominium development. Did that answer your question? Hayek: I think so. I think you're saying it's less safe to locate it farther north, like say at the top of that property, and still allow the access west into the ACT... This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #Sb Page 11 Davidson: Yeah, we...we've looked at both, uh, this driveway location, the one you're speaking of here, as well as the one to the north, um, this is...this is in, um, the roadway curvature is rather severe here and so we did take a careful look at site distance, and we feel these two access points are...are basically as safe as you're going to get in this area. Bailey: Connie? Champion: Well, my question was, the part that Hickory Hill abuts, where they're giving them the little triangle, is that a wooded park...part of the Park? Davidson: Um, directly to the south of that is where the parking lot is located. Champion: Okay. I see (mumbled) Davidson: Yeah, the parking lot's directly adjacent to the south (both talking) Champion: Okay, okay. Bailey: Other questions for Jeff? Wright: Since this is going to involve some fairly substantial, uh, grading and...and disruption of those...those slopes, is there any danger of run-off, um, making it's way down to Ralston Creek? Davidson: Uh, well, certainly the run-off will head down to Ralston Creek, um, the Public Works' Department has approved the storm water management plan. Wright: And during the construction process, will there be any, um, (both talking) to keep extra silt from getting in there? Davidson: Yes, yes, there is, and that's all part of the (mumbled) construction. I can't detail those for you, but there are measures that are put into place for that. Wright: I trust you! Davidson: (several talking) Any other questions for me? Bailey: Um, yeah, because there was a letter concerning the storm water runoff, but this has all been...Public Works has looked at the plan and...and feels that this is sufficient and meets our standards. Okay. Other questions? All right, thanks. Davidson: Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #Sb Page 12 Bailey: Others wishing to speak at the public hearing? Tim is here if you have specific questions regarding our requirements for um, silt control during construction. Hennes: I guess I'd just comment that we do have that construction site runoff ordinance in place that we, uh, implement fairly rigorously. So... Champion: It won't run off into the streets also. Hennes: No. We can...it's all controlled. Champion: It does happen though. (several talking) Musser: Good evening. My name is Duane Musser with MMS Consultants. We prepared the plat, the site plan for Three Bulls (noise on mic), um, Casey Boyd, one of the applicants, is out of town and he asked me to come to the meeting. If there's any other questions that I can address as far as the site plan or platting process, I'd be happy to (mumbled) Bailey: Any questions, um, access points, are there any questions regarding site plan? Okay thanks for being here. Musser: Thank you. Bailey: Anybody else wishing to speak at the public hearing? Dilkes: You need to do your ex-parte communication. Bailey: Oh, thank you! It's been a while since we've done one of these. Okay, um, this is the time now that we disclose ex-parte communications regarding this rezoning. Any discussions regarding this? Okay. All right, public hearing is closed (bangs gavel). 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) O'Donnell: Move first consideration. Correia: Second. Bailey: Moved by O'Donnell, seconded by Correia. Discussion? Hayek: I'm not thrilled with the location of the road, but I don't know that there's a better location and (mumbled) defer to staff on that issue. In all other respects I think it's a good development and the advantage of the planned This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #Sb Page 13 overlay approach is that we get to play a part in some of the design and that clearly is the case here, and I think the product is better as a result. Bailey: And given that the road is very close to that parking lot, I think it...it just makes sense, and the safety issues, I think have to trump that as well. Other discussion? Okay. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #Sc Page 14 ITEM 5. PLANNING AND ZONING MATTERS. c. CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING THE DENIAL OF A REZONING FROM COUNTY AGRICULTURE (A) TO COUNTY RESIDENTIAL (R) ZONE FOR 39.80 ACRES LOCATED EAST OF BUCHMAYER BEND NE AND WEST OF HWY 1 NE. (CZ09- 00002) Davidson: Uh, Madame Mayor, the applicant has requested an indefinite deferral of this item. Correia: Move to defer indefinitely. Wright: Second. Bailey: Moved by Correia, seconded by Wright. Any discussion? All those in favor of indefinite referral, or deferral (laughter) deferral say aye. Those opposed say nay. Okay, it's indefinitely deferred. Karr: Motion to accept correspondence. O'Donnell: So moved. Bailey: Moved by O'Donnell. Wright: Second. Bailey: Seconded by Wright. Discussion? All those in favor...say aye. Those opposed say nay. Motion carries. All right. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #6 Page 15 ITEM 6. PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2013. Bailey: This is a public hearing (bangs gavel). The public hearing is open. Larson: Good evening again, Mayor and Council. Uh, my name is Scott Larson, and again, I'm here representing, uh, the C Free Wireless Project. Um, as you're aware we did submit, uh, a grant for your Community Event and Program funding, and uh, those of us on the C Free board thought it was appropriate to show up if we're going to ask for money, uh, so uh, I'll just take a minute or two and just give you a brief history for your benefit, and uh, for the benefit of the audience. C Free Wireless is anon-profit group that was started back in 2005. Uh, it was actually the culmination of two groups -one in Iowa City and one in Cedar Rapids. Uh, two groups of young professionals, recent graduates of the University of Iowa, uh, they decided they wanted to pursue a project that would bring free wireless Internet to uh, certain public outdoor spaces, and um, they identified those as being downtown Cedar Rapids, downtown, uh, Iowa City Pedestrian Mall, and two locations in the City of Coralville. Uh, during the previous three years, funds were raised, hardware was purchased and the, uh, installation was completed. And, um, right now we do have installation, we have hardware that is, uh, capable of feeding the Iowa City Pedestrian Ma11 and there are two locations in the City of Coralville, and again, uh, downtown Cedar Rapids has, uh, several access points, um, that are covering that area, as well. Uh, the goal again is just simply to provide free wireless Internet access in outdoor places. It is not meant to replace dedicated subscriber-based, um, Internet connections that you would have in a business or residence, etc. Um, so what we're asking for in our grant request, the funds would, uh, be used specifically to feed the, uh, equipment that we have in the downtown Iowa City Pedestrian Mall, and um, in addition to the Internet access fees, we would have additional funds set aside in case there were, uh, maintenance needed on some of the equipment and um, so with that, I know you have a long meeting here so I just, uh, thought I better show up and, uh, feel free to ask any questions if you'd like. Bailey: Any questions? Thanks for being here. Larson: Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #6 Page 16 Bailey: Others wishing to speak at the budget public hearing? Okay, the public hearing is closed (bangs gavel). Um, we will be voting on the budget at our next formal meeting. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #13 Page 17 ITEM 13. CONSIDER A RESOLUTION NAMING THE OFF-LEASH DOG PARK LOCATED WITHIN SCOTT PARK, IOWA CITY, IOWA, "RITA'S RANCH OFF-LEASH DOG PARK." Correia: Move the resolution. Hayek: Second. Bailey: Moved by Correia, seconded by Hayek. Discussion? Correia: When will this park be open? (mumbled) Bailey: Oh, we had somebody form DogPAC here. Oh, yes! It's time for discussion, so yes. Harris: I'm Diana Harris. I'm currently the President of JC DogPAC, Johnson County Dog Park Action Committee. Um, and I just wanted to come and say to you thank you for supporting the dog park as you have in the past. It's been a tremendous success, as any of you know, especially those of you who go out there every day, no matter what the weather is like, to see people and their dogs out there. So, there's been a lot of interest in this second park on the east side of town. People saw the fence go up, and I immediately started getting questions about when it would be open. I hope the weather permits a little more construction this year than it did last year. Anyway, we'd like to name this park for the woman's dog who did all of the work to get the park started, the original park, the Thornberry Park, so...thanks! Bailey: And so, when is the expected opening date? Should construction be... Harris: I would love to know when the expected opening date is (laughter). I've asked, but I think it's so weather-permitting... Bailey: Okay. Harris: ...there's probably no way to know. Bailey: Okay. Thanks for being here, Diana. Further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #15a Page 18 ITEM 15a. CONSIDER A RESOLUTION REQUESTING SUBMISSION OF THE QUESTION OF THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE QUALIFIED ELECTORS OF THE INCORPORATED AND UNINCORPORATED AREAS OF JOHNSON COUNTY. Wilburn: Move the resolution. Champion: Second. Bailey: Moved by Wilburn, seconded by Champion. Discussion? Correia: I will support the resolution. I just want to note that I am disappointed that we're not allowing, uh, a greater flexibility to allow for the option of, um, purchasing homes that have been impacted by the flood. Champion: Well, I think there are other funds available to purchase homes that have been impacted by the...by the flood. Would you explain to the public how the resolution reads? Dilkes: Um, the resolution requests that this be placed on the ballot, um, for a county-wide vote, um, and that's an obligation of the City Council because we have more than 50% of the budget, or something the City Council can chose to do, or 50% of the population. Um, the City must also specify the purpose for which the City would use its share of the funds, if, um, the tax was imposed in Iowa City, and what this resolution specifies is that 100%...that zero percent of the revenues would be used for property tax relief, uh, that's a requirement of the law that you state how much you're going to use for property tax relief. And that 100% would be used for remediation, repair, and protection of flood-impacted public infrastructure, and matching funds for grants for the same purpose. Bailey: Thank you, Eleanor. Okay, discussion, and we invite those of you who would like to make comments on this to, uh approach the podium. Thornton: Thank you, Madame Mayor. Uh, Deborah Thornton, Scott Park Drive, Iowa City. (mumbled) little name tag in there. Um, to the Iowa City City Council, I do have some typed notes I'd like to just go through very briefly, concerning this. I have been meeting informally with a group of probably a dozen to two dozen folks who are opposed to this tax, and why I don't speak officially sort of on their behalf, um, you know, I'm the one that opens my mouth (laughter) so um, we are opposed to the sales tax increase. And we're opposed for several very specific reasons, which I'd like to go through. Number one, in a recession, particularly recession of the magnitude that we are dealing with today, you do not raise taxes on the This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #15a Page 19 average person. This does not help the economy. It does not help the work force. It does not help job creation. A sales tax in particular, as I'm sure you're all aware, is regressive, and hurts the poorest of us. The laid off workers, the single mother, and the one-worker family. Johnson County residents, and this is according to State data that, uh, we've accessed this week, um, already pay the most taxes of any county in the State of Iowa, and that amount is something like $820 per person. In addition, Johnson County residents pay over a billion dollars every year in federal, state, and county government taxes. That's one "B" with a billion, from Johnson County taxpayers, okay? The average Johnson County family pays over $20,000 in taxes a year. Now that's the average. So some folks certainly pay a lot less, and others pay a lot more, but $20,000 a year in taxes is a lot of money for us to pay. Um, flood mitigation, infrastructure rebuilding is admirable. But the City and County governments need to do what the rest of us are doing in the recession. We're tightening our belts. We're eating mach n' cheese. We're looking at the priorities and the necessities, not the wants. Um, much of the infrastructure rebuilding costs are already scheduled to be paid by federal and state tax dollars, and we've seen information on this a lot in the last two weeks, about how much the feds and how much the state is going to contribute already to rebuilding and infrastructure efforts. The federal stimulus money, today they just announced there'd be more coming than they thought to Iowa because of flood relief. So a lot of this money's already coming in. We don't think we need to do it on a local basis. Um, taxpayers in Johnson County, we need to keep more not less of our incomes in our pockets to provide for our families and not the government. Um, additionally, something that I think City Council and voters need to look at as we think about this tax increase. The state legislature is seriously considering removing federal deductibility, so that we will be paying taxes, state taxes, on the money that we already pay to the federal government in taxes. So you're being taxed basically twice on the same money, which none of us get to keep for our families. This is money sent to the state government. They're talking about removing the homestead exemption. This will effectively be a property tax increase, on every homeowner in Johnson County. There's talk about adding, as I'm sure you're aware, a city income tax, proposed by our own Joe Bolkum, allowing cities to institute yet another income tax on residents and workers. The legislature is seriously considering increasing the state gas tax by 8-cents a gallon. Again, this significantly effects workers who have to fill that tank to drive to Cedar Rapids, to do wherever they're going, to work, to support their families. And then the school budget. We've recently seen information the past week about the school budget numbers. And how bad those numbers are, which could certainly result, if not in layoffs, in additional property taxes increase for the school budget. So, the question becomes, when will it stop? And where will it stop? And, can the workers in this recession, can the families, can the homeowners This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #15a Page 20 afford continual property tax increases. We just passed a SILO last year, which was supposed to be a local option school sales tax. The city, or the state immediately took that over, and made that astate-wide tax. So, kind of a bait and switch in my opinion on that issue, and...so that makes me and many others very seriously concerned about this issue. This is a non- partisan issue. It affects all taxpayers at all income levels, and so certainly would like you all to be aware of these issues, as you consider putting this tax on the ballot. Thank you. Bailey: Thank you. Others wishing to comment? Discussion among Council? Hayek: I will support putting this on the ballot, um, for several reasons. First, um, we have been asked by our neighboring municipalities to do so, uh, and only we have the ability to do so, and I think as a matter of courtesy and, uh, two local governments who, uh, have asked us to do this, um, we...we owe it to them to...to put it up for a vote. Um, in addition, this is a tax that is limited in duration, in that it, uh, at least as we have proposed it, would sunset after five years, which is consistent with what Cedar Rapids is doing. Uh, it is limited in its scope, uh, in that we are proposing, uh, that the public vote on whether to pass this tax, and if it passes, it would be limited to, uh, flood impacted public infrastructure that is benefitted by the entire community, um, and I think that is, uh, consistent with the intent of the legislation that was passed, which was passed with the intent to help communities that were affected by floods and we're proposing that the community decide whether that's an appropriate thing for us to take on as taxpayers. We'll see what happens. Bailey: Okay. Other comments by Council? Discussion? Wright: I think Matt did a perfect job of summing up the key points involved in this. I mean, at this point it will be up to the citizens of the community. Wilburn: And I think the, only to add on to what you were saying, Matt, uh, the other piece is, to this, that um, aren't being presented in the proposal for the local option sales tax, uh, one there's a question about how, uh, how many other, well, many other places in the state of Iowa have other sources of revenue that they chose to implement, and we, uh, for a good many historical reasons, rely heavily on the property tax, um, it is short- term. There is an emergency nature to this. We had the hearing on the budget, the City's budget tonight, and um, staff had put some time into, uh, reducing, uh, the amount of expenditures. Uh, Council, um, debated. We had some disagreements, some severe disagreements about some issues, but we, um, made some decisions about some programs that we, not only delayed, but um, will uh, in some chances be passing up revenue for other options to do those programs right now. The, uh, and we are beginning a process of prioritization of all City services in preparation of...for the next This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #15a Page 21 City budget because um, it will come down to which services the community is deciding they don't wish to have, uh, in order to not be taxed for it, so...any other pieces are the sales tax, in addition to Johnson County residents (mumbled) support paying for that infrastructure, and um, the presence of a group, and um, in both Linn County, and now Johnson County, as we've heard, um, is one reason concern. We had the discussion about whether or not, uh, the funds could be used for, you know, uh, assistance with home or purchase, that type of...that type of thing. I...I think that lends credence to the fact that we decided, uh, this is going to be for flood impacted infrastructure, and um, and uh, ifll be up to the voters to decide. Bailey: Other comments? Infrastructure is a nice shorthand word, and um, let me just explain a little bit about the projects that we talked about for this, uh, this tax. Specifically, we're interested in elevating Dubuque Street, and elevating Park Road bridge. This has a lot of benefits to Iowa City, and all the residents in Iowa City, and all the people from the County and other communities that come into Iowa City to work and to visit, because as we know, Dubuque Street is one of the first areas that floods, as the Army Corps of Engineers increases release of water from the reservoir. Elevation of Dubuque Street would enable them to release water from the reservoir at a quicker pace, without flooding that particular main arterial into our community. Um, elevation or replacement of Park Road bridge - as we all saw in the flood, Park Road bridge at a certain point acts like a dam, and it backs water up into our neighborhoods, and also upstream into other communities, and um, it's a critical...it's a critical access point to the University. It was closed very early, along with, um, Dubuque Street, and in the interest of not only our community and the neighborhoods in our community, but upstream, it makes a lot of sense to put this on our priority list. Relocation of the north wastewater treatment plant. When we say north it sounds very strange because the north wastewater treatment plant is actually south of downtown Iowa City (laughter and several talking). Um, this is the treatment plant that treats the wastewater from University Hospitals and Clinics, the research labs, and the Hospital. As you know, it was inundated in the flood this past summer and essentially, although we were legally compliant and doing primary bypass, primary bypass is nothing that you want to put downstream to your neighbors. So the impact is not only on our community, but once again, to our downstream neighbors. Um, putting this on the ballot and allowing the citizens of Iowa City to determine whether this public infrastructure, this flood- impacted public infrastructure, um, these projects are...are appropriate for the use of this tax, and I think it's the most appropriate thing for us to do. As Matt said, it's in the spirit of the legislation, um, Council Member Wilburn and I, along with the City Manager, traveled to D.C. and talked about these projects to our federal delegation. They were not as encouraging about federal dollars for these projects. These are high, um, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #15a Page 22 high ticket items. We're talking of at least a minimum amount of $84 million and so the opportunity to get funding, and even with afive-year sunset, a local option sales tax will not cover all those costs, so we will continue to pursue other funding opportunities. So I think that this is a...a really responsible move. I thanked our legislative delegation, our local state, um, legislative delegation for making this possible, and um, the citizens of Iowa City will have the opportunity to weigh in as early as the end of March with absentee voting, and May 5th for the, uh, election, should we pass this resolution tonight. So, further discussion? Champion: Well, I think it's important to let people know there is no way that we can fund these three projects without the sales tax. And so it will be up to the citizens to decide whether these are (mumbled) or not. I think (noise on mic) sorry! (laughter and several talking) O'Donnell: You know, I don't disagree with anything that you said, uh, you know, I certainly am...am never going to be in favor of the local option income tax, and um, certainly not in favor of increasing gas tax, but this project, and I consider Dubuque Street ahigh-priority project because it literally shuts down our town, and our...the method of moving...moving around and the Park Road bridge is...is incredibly important project also, um, there...there's asunset clause on this, which means that it will end, and um, you know, I certainly think that the citizens of Iowa City have the right to vote on it, and I will support it. Bailey: Any other further comments from Council Members? Okay, roll call. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #19 Page 23 ITEM 19. CITY COUNCIL INFORMATION. Bailey: Let's start with Amy. Correia: Um, this morning the Joint Housing Task Force of JCCOG met. We've finished up our meetings and we had, we met over two separate...we had some struggles with meeting to finish because of weather, but we did meet this morning, so that was good, and we did come to a very good...very good meeting. We came to some consensus on, uh, on areas to work regionally, and that will be brought to JCCOG either the March or the May meeting, so um, stay tuned for that. Bailey: Thank you. Matt? Hayek: A couple things. First, as it relates to the sales tax, I encourage the public to, uh, look for the information that will be coming out very soon, uh, with respect to the sales tax, what it means, what it does not mean. I think there's a lot of misinformation out there and as voters you owe it to yourselves to, uh, get educated before this special election. Um, second, the Corridor Business Journal just published a ranking of, uh, of business parks, uh, in order of size and the uh, light industrial park that, uh, the City is developing on the east end of town fell into 5th largest in the entire corridor in terms of acreage, um, so I thought that was quite interesting and...and I think we've moving aggressively on that to recruit and land good businesses that will contribute to the tax base. Bailey: Thanks. Ross? Wilburn: Nothing this evening. Bailey: Okay. Mike? O'Donnell: Nothing tonight. Bailey: Connie? Champion: Nothing. Bailey: Mike Wright? Wright: I just wanted to make a reminder to folks that Saturday is the very worthy cause of the annual Shelter House, um, book sale benefit to beheld at the Hope United Methodist Church, uh, 2929 E. Court Street. Again, that's Saturday from 10:00 A.M. to 3:00 P.M. All the proceeds go to Shelter House and certainly a worthy cause, and it's a great way to fill your house This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #19 Page 24 up with more nice heavy books that you're going to have to find a place to stow. Champion: And they're also taking book donations. Wright: Yes, definitely, taking donations. Bailey: Thanks, Mike. Wright: If you work it right, you can get rid of some as donations (laughter and several talking) to fill up the space. Bailey: I just want to echo what Matt said, I mean, tonight we took a, I think, a great step forward in putting this resolution on the ballot to do some flood mitigtation and flood recovery for our community, and I want to encourage people to educate themselves and uh, certainly participate in that vote when it comes up. Also want to point out that Item 15.b. that I almost neglected is on the JCCOG agenda tomorrow night. It's very important that, um, we have numbers. I will be attending for Council Member Wilburn who has a work conflict, but I just wanted to confirm that everybody else will be there, because we have staff who could also cover. Okay. So we're set (several commenting). Okay. So, um, we do get to vote, I guess, on the first dollars of our, what we want from the stimulus package tomorrow night. Okay. That's all I have. City Manager? This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #20 Page 25 ITEM 20. CITY STAFF INFORMATION. Lombardo: I had a very stimulating round table discussion with the, sponsored by the Downtown Authority today, um, discussions contemplating, uh, a SMID and the prospects of a downtown manager, um, lot of formative work to be done yet, but the fact that they're looking to the future of our downtown and wanting to partner with the City to establish a vision and work towards that I think is...is very encouraging. Um, we're meeting at the staff level tomorrow to discuss how to get organized internally to work with, uh, the businesses downtown to further the discussion. I'll have more as we come out of this meeting, and explain to you what is contemplated, and provide opportunities to you all when other types of events might be taking place to participate in. But very encouraged by the dialog. Great group of people, and uh, and a good discussion this morning. Wright: Would you define SMID for folks, please? Lombardo: It is a, uh, self-supporting municipal improvement district. Bailey: And I'm assuming that a lot of the direction came from the downtown market study that we did last year, that I'm eager to hear what additional ideas that they have. So... Lombardo: Yeah, this is really a dialog that they're wanting to have, um, I...I played devil's advocate on various, uh, occasions. I think they're very interested in...in talking about, um, future directions for downtown and how we might be able to work together, uh, to get there, so I'm very encouraged by the dialog. Champion: The Downtown talked about a SMID, oh, five or six years ago, and there wasn't quite enough support for it, and one of the reasons was that Marc Moen was against it, and he owns a lot of property downtown, but he has now since changed his mind, I heard, so that might be a little bit better. Lombardo: I don't know that they have fully landed on that. There seemed to be a lot of support for exploring it, so I think that's the first step in really getting kind of pass-go on it. Bailey: Assistant City Manager? Dale? Helling: Nothing. Bailey: Okay, City Attorney? This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009. #20 Page 26 Dilkes: Uh, just one clarification from last night, uh, local option sales tax revenue comes from the state monthly, not quarterly. Bailey: Oh! Even better cash flow. City Clerk? 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. Okay, see you tomorrow night. (several talking) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of February 24, 2009.