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HomeMy WebLinkAbout2009-05-05 Transcriptions#2a ITEM 2. PROCLAMATIONS. a) Bicycle Month, May 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Steve Rudin, representing Bicyclists of Iowa City. (applause) Rudin: Thank you, Regenia, and City Council. I would encourage you all to participate or come out and have a pancake with us for Bike to Work Week. Like Regenia says May 10th through the 15th, we'll be serving breakfast -pancakes on Monday and Tuesday morning. Monday in College Green Square, and Tuesday at Kinnick Stadium. So, thank you very much and I hope to see you during this week. Bailey: Thank you! (applause) Page 1 This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #2b Page 2 1TEM 2. PROCLAMATIONS. b) Tennis Month, May 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Greg Holm, and he's the team captain for the Iowa Men's Tennis Team. (applause) Bailey: Thanks for being here! Holm: Thank you. Bailey: Thank you (laughter). (applause) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #2c Page 3 ITEM 2. PROCLAMATIONS. c) Older American's Month, May 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Bob Welsh, representing Johnson County Livable Community Organization. (applause) Bailey: Hi, Bob! Welsh: Mayor and Members of the City Council, with the, uh, assistance of your City Clerk placed before each of you a copy of the, uh, last issue of Involvement Magazine, and the little yellow spot is to, uh, give you, to open to a full-page spread on Johnson County, A Livable Community for Successful Aging, which lists the various things that make Johnson County such a livable community, and what the initiative has done, uh, it is our hope that we can help Iowa City and all the municipalities and unincorporated area of Johnson County become more livable, uh, we're pleased for the small part that we played in helping Iowa City receive the Building Healthy Communities for Active Aging Award from the, uh, Environmental Protection Agency, and I don't know whether you've heard on Thursday of this past week we received word that, uh, Johnson County Initiative was one of the 15 applicants nationwide to send a team to the Successful Community Transportation Institute in Washington D.C. July 12th and 15th. Since I know your budget restraints, you'll be happy to know that one of your City employees is a member of (can't hear) and all expenses are paid. The people who will be on this team are Tom Brase, the Director of SEATS; Chris O'Brien from the Iowa City Transit; uh, Mark Rey from Goodwill Industries; Sally Stutsman from the Board of Supervisors; and a former member of the City Council, Dee Vanderhoef, who's been very active on our transportation action team and is now a member of our policy board. (mumbled) our intent to work with you and uh, you know, this is really just a great community, uh, I, uh, was delighted to hear that Iowa City ranks number one in unemployment in the nation, and that again is a true testament why this is such a great community to live in. Thank you. (applause) Bailey: Thank you, Bob. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #2d Page 4 ITEM 2. PROCLAMATIONS. d) Wreaths Across America Day, December 12, 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Mike and LeAnn Tyson, local leaders for Wreaths Across America. (applause) Tyson: Wreaths Across America actually began about 17 years ago at Arlington Cemetery. Worcester Wreath Company from Harrington, Maine is afor-profit company, and uh, Mr. Worcester felt like he needed to do something to remember those who have served our country to maintain our freedoms, and so back in 17 years ago they started the Wreaths Across America program that is designed to honor those that are serving our country today, remember those that have served, and teach future generations the price of freedom. To date, Worcester Wreath Company has donated 90,000 wreaths, uh, which have been laid in Arlington Cemetery. In 2006 the program started branching out across the country, and uh, it was the first year that they were held in other cemeteries. Uh, this last year, 2008, it was over 200 different sites across the country on all seven seas and aboard navel ships. Here in Iowa City the program began in 2007 where our company, ReMax Real Estate Center, joined together with Gay and Ciha Funeral Home and started the first ceremony. We were the second project in the state of Iowa. That first year we were able to lay 135 wreaths at Oakland Cemetery, and that was all donated by, uh, realtors and Gay and Ciha. Pretty much by 2008 we laid 350 wreaths, and was donated from people from all walks of life. The program really grew. All branches of the military have been represented each year. Some of you very graciously attended last year, and so it became a true community event, uh, we had Representative Loebsack who spoke and um, our guest speaker last year was actually an Iowa native, Sergeant Major Brad Castle from the United States Marine Corps and uh, he is a (mumble) recipient so we were pretty honored to have a Iowa, uh, lad speak as our guest speaker. Uh, to date, actually just received this number today, there are 71 Iowans that have been killed in action in Afghanistan and Iraq. We have two from Iowa City. So it's a big program and it's very, um, well respected and very, uh, much growing, I believe, because we all recognize that we need to honor those that are serving, remember those that have served, and teach our future generations, so I would welcome all of you to come the second Saturday in December this year, and be a part of it! Thank you. Bailey: Thank you. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #2e Page 5 ITEM 2. PROCLAMATIONS. e) AmeriCorps Week, May 9-16, 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation representing AmeriCorps is Nathan Kieso and Dan Babb. (applause) Kieso: Uh, on behalf of AmeriCorps, I thank, uh, the Iowa City Council very much. Bailey: Thank you. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #3 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. Bailey: Moved by Champion. Hayek: Second. Page 6 Bailey: Seconded by Hayek. Um, discussion? I do want to draw attention to Item 3.f.1, that um, we are changing some of the parking restrictions downtown. We talked about that last night. I think this is in response to the many comments that we heard and I was glad that we were able to...to be flexible on that. Any further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #4 Page 7 ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON TONIGHT'S AGENDA). Bailey: This is a time on the agenda for members of the community to comment on items that are not on tonight's agenda. If you wish to make a comment to the Council, please approach the podium, state your name for the record, and limit your comments to five minutes or less. Gunn: Good evening, Madame Mayor and Esteemed Council. I am Tyler Gunn. I am the outgoing Student Liaison, representing the students of the University of Iowa. I'll keep my farewell address very, very short. So it's been a long year, we all know that, horrendous flood, had some serious budget issues, and some personnel issues, but one thing I've learned in short time is that difficult times require strong leaders, and if I look back perhaps many of the decisions we and you have made perhaps weren't correct in many aspects and perhaps didn't have the consequences we had intended, but one thing I take pride in -you should all be very proud that you were very strong leaders. You took ownership for your decisions and you were very strong, and in times like these, that is what the community needs. You know, I grew up in Iowa City. I'm the son of Iowa City, I went to Longfellow Elementary School, Southeast Junior High, City High School, and when I graduated in 2003 I really could have gone to college just about anywhere, but I chose to stay here, so I'm very fond of Iowa City, and uh, the people in it. And now as I finish my undergraduate degree, after six years, to continue my education (laughter) to continue my education, I've decided to move elsewhere. It was a hard decision for me, to move away, but I...I take comfort in the fact that when I leave I know my hometown is in good hands. For that I thank you. So in this six years, it's all coming to an end in a couple days. I will be a Chemical Engineer, and I've taken a lot of classes in pipes and mass transport phenomena and I've taken so many math classes I think my knowledge of the Greek alphabet is quite impressive (laughter). And through all of this class, one thing I really missed, one element I really missed in all this chemistry was the human element. If you look at my education, one thing that's missing is how people interact in groups, and how tough decisions are...tough decisions are made for tough problems. And you taught me a great deal about this year...about that this year, and I thank you. So I've always said that I'm merely a product of my environment, and my community. I grew up here, and I'd say my political beliefs are shade of dark, dark blue. I have very strong values in higher education, and I do walk alongside, and fight for all walks in life, and these ideals simply put are Iowa City ideals. And you, my friends, are stewards of these ideals, and Iowa City, and I over the course of this year do applaud your success, and I wish you success in the future. So thank you. I've enjoyed my time here. Bailey: Thank you (several responding) (applause) Tyler, we do have a little...I know that you'll have a lot of memories of this past year, um, because it's been such an eventful year, but we do have a small token of our appreciation for you. This This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #4 Page 8 certificate of appreciation, given to you by the Council. We will miss you quite a lot. Come back and visit, and um, it's been great working with you. Thank you very much! (applause) Fidelis: Do we not have asign-in book anymore? Bailey: I just want to make sure we keep that door...we're glad to have all of you here, but we do need to keep the door free, so there are plenty of spaces to stand along here and um, move farther in, so... Fidelis: LTh, I have, uh, various complaints to make to the Iowa City Council. First, I'm appalled by the.. . Bailey: Sir, could you please state your name? Fidelis: Oh, my name is Libris Fidelis. I'm from downtown Iowa City. Bailey: Thank you. Fidelis: And, um, first I'm appalled by the, uh, constant changes to the City Council meting schedules. Um, but especially to the Council meeting directly following the termination of the City Manager, uh, I can see no valid reason for rescheduling the regular City Council meetings a day early, uh, because to me there's no valid excuse. It was only a day early. The City Council meeting is not for the convenience of the City Council. It is for the convenience of the City citizens to attend City Council meetings, to express themselves either for stating approval, disapproval, or suggestions about topics of interest. There is only one reason for the continual rescheduling and that is to keep the public off balance. We cannot all always check the web page or come downtown to obtain an agenda when we learn of issues. We need a dependable Council meeting schedule that, uh, should only rarely be changed, under the most pressing of circumstances. Second, the news media is the public's primary watch over the actions of City government, uh, that is owned by the citizens of Iowa City. It is the job and unique responsibility of the news media to keep our public informed about the happenings and actions within our City government, because the City government belongs to the citizens -not to the City Council. Although the City Manager may serve at the pleasure of the City Council, it is highly inappropriate for the City Council to refuse to communicate with the news media about the reason for the highest ranking City administrator, employee, uh, the City Manager, to be terminated. Without going into details that might indeed be private to the terminated employees, the City Council can still reveal the reason for termination to the public. Because the citizens of any government in a democracy have a right to know why any prominent employee is terminated for cause. The for-cause part of the City Manger's termination is the legitimate interest of the citizens of Iowa City so that we can all know if any prejudice or impropriety of action against the wishes of this community is occurring, and conversely, whether any justification This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #4 Page 9 or legitimacy is indeed being performed in behalf of the wishes of the community, and only the news media can promptly pass that information on to the public as a whole. It is time for the City Council of Iowa City to implement and subscribe to democracy, which is not and has not been the case since I have become a resident of Iowa City. This problem is not indicative only of the current City Council. This city and the counties and the state of and within Iowa are famous for such anti-democracy selfishness. And we citizens need a prompt change, starting with a regular City Council meeting that follows a prescribed City Council meeting schedule. Third, we are having a problem with University students going to and from the Ped Mall on Friday nights and Saturday mornings, and nights, and Sunday mornings, that has only recently this past half year become a major problem. iJh, this is relative to South Dubuque Street. There is excessive loud vocal noise, including shouting, screaming, and singing, accompanied by occasional vandalism, all up and down South Dubuque Street. There is also vehicle racing in the parking structure across the street. When tenants of Capitol House Apartments at 320 S. Dubuque Street begin calling the police and occasionally some of us we shout out at the students, they retaliated by becoming even more loud, bringing loud motorcycles into the parking structure and racing their engines as they ride by Capitol House Apartments. This has become harassment and the ability to race up and down the ramps without speed bumps has presented a danger to anyone, including uh, those in the parking structure, as well as a lot of excessive noises. Fourth, speed bumps need to be placed about 12 feet from the exit of parking ramps, particularly the parking structure next to the Sheraton Hotel. There also needs to be wording on the exit gates that says in bold print: Yield to Pedestrians. I have almost been run over a half dozen times the past year and a half. Fifth, the Sheraton Hotel at the Ped Mall was reprimanded for closing the pedestrian throughway at night a year ago, which is the old street area of South Dubuque Street running through the hotel. Now, in the hotel remodeling, they have blocked off one-third of the pedestrian throughway to be used as part of the hotel lobby. This is atrocious! When the hotel was built for the original owner, it was with the caveat that the former street would be a 24- hourpedestrian walkway and that agreement still applies through the grandfather clause. Now however, the new hotel owner is more than encroaching on the original requirement to keep the pedestrian throughway open. If this encroachment is allowed, encroachments undoubtedly the hotel will be trying to close off the pedestrian throughway completely. And I'll submit this for a document. Karr: Motion to accept correspondence. Wilburn: So moved. Hayek: Second. Bailey: Moved by Wilburn, seconded by Hayek. All those in favor say aye. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #4 Page 10 Fidelis: Thank you. Bailey: Thank you. Motion carries. Anybody else wishing to comment at public comment? Sally? Jablowski: My name is Sally Jablowski. I'm here from the, uh, Homeless Overflow Task Force that's part of the Consultation for Religious Communities. Um, we had thought that we would be through. We're tired (laughter) um, in case there's anybody that doesn't know, when Shelter House is full from November 1st until April 1st, the people...the overflow are housed overnight in churches, and there are several churches that take part in this program. We do it a week at a time. One of the most cumbersome parts of it is moving all of the cots and the linens and that sort of stuff, from church to church on Sundays. We've lost, uh, some of the churches to help us this year, um, because of remodeling, and it's just, like I said, we're tired and I'm simply here to see if there is some way that you could help us find some public space that might be available from November 1st till April 1st, for this deed. It'd have to be big enough that the fire department would allow us to use it this way. We have the volunteers to staff it, um, it usually, uh, the largest amount of people that we have overnight is usually around 22 because that's the number that the largest church is able to house. It differs from church to church. Um, but we're just here because we'd like some help and some ideas. We'd like to continue this and there's no way that we can have the new Shelter House built. We're still working on fundraising for, hopefully a year from now. Bailey: Sally, Amy brought this to our work session last night, and um, our point person for your organization will be Dale, and so we will help you in your quest. I know that the County is also looking, so...did you want to add anything? Correia: Should somebody just call you, Dale, or send an email? Helling: Either way. Yeah. Jablowski: Okay! Thanks very much. Bailey: Thanks, Sally. Anybody else wishing to comment? Koenig: Greetings! My name is Charlie Koenig and I've got a rather light-hearted problem, but one that I'm desperate about and maybe you can help me. I live in a house next to a barking dog. And if you've ever been next to a barking dog that barks all the time, all day, when you're there and your room is right there, up against the fence, you know what I'm talking about. Uh, I of course been in contact with the City, the Animal Control people. Misha Goodman, who has been very helpful, but she tells me that the only way that we can get this thing solved is if two people, not at the same residence, complain about the same event, and I have tried for a year and a half to get that, but nobody wants to either get involved, or they say they will but they don't, uh, and so I've got, in fact I've got a This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #4 Page 11 document here, seven pages of my log. For example, yesterday, May 4, 2009, German Shepherd 8:19 A.M., 8:25 A.M., 8:43 -both talks; 11:33, 12:11, 1:13, 1:36 -even through my headphones; 1:57, and it goes on for seven pages, from December 3, 2007 to today. So, this is the body I suppose that sets the laws. I'm just asking - I know that the law has to be...implementable. I understand that...that you might have a problem with neighbors just kind of getting back at neighbors for whatever reason and using a barking dog ordinance as a way to get back. If there's any way that you could somehow modify the existing City ordinance to, um, make some kind of exception for egregious and persistent problems, I would certainly appreciate it, because this is driving me crazy, and I sure hope that you can do something about it. Thank you. Bailey: Thanks, um, I'll be contacting you or Dale will be contacting you and we'll follow up. Koenig: Okay. Should I give Dale my number? Bailey: Yes, please. Koenig: Okay, I will call him or email him then. Bailey: Thank you. Koenig: Thank you! Bailey: Anybody else wishing to comment on items that are not on tonight's agenda? Robert Hegeman: If it is on tonight's agenda, must I reserve it to that time? This is a procedural issue, not a substantive issue. Bailey: If it's regarding Country Club Estates, it's on tonight's agenda, so you can speak during that discussion time. Hegeman: Thank you. Bailey: Anybody else wishing to comment on items that aren't on tonight's agenda. Liz? Ford: Hi, my name is Liz Ford, um, F-O-R-D. And I am with Friends of the Animal Center Foundation. Um, and we are an organization that was formed about ten years ago to support and expand the services of the Iowa City Animal Care and Adoption Center. Um, in those ten years, we've done lots of things for the shelter. We've done things at the facility like put a roof over the outdoor kennels, um, we've paid for countless surgeries for animals, um, to save their lives so they didn't have to be euthanized, and they could be adopted. Um, we have supported a huge, um, new volunteer program where we've doubled the hours from 2007 to 2008 volunteer hours, not including the flood hours, um, we have expanded the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #4 Page 12 foster care program. We've just done a ton of things to really help out the Animal. Center. And, um, one of the things that we're also working on is reaching out to the community to try to expand the programs more in our community, um, lots of people in our community love animals and lots of people in our community maybe don't love animals, but they need to know how to deal with them, um, and how to, you know, work with people that, um, are dealing with them, so um, because the Shelter was flooded out, and it's in a temporary location out on Sand Road, waiting to find out what's going to happen, um, we're sort of rallying our troops to find out what can we do to help our city with regards to planning for a new Animal Shelter, um, we'd like to be involved. We'd like to...um, we're open, our Foundation Members are open to meeting, um, with Council Members and with the Mayor to discussing how we can help, um, either financially or be involved in the planning process and things. The Animal Center is so important to our community. There are so many people that go there, um, not just to adopt animals or um, just to turn over an animal they maybe found running...at stray, but people call us to bring kids out, you know, I'm doing a Brownie troop next week, um, the Walden has called us to have animals come and see the senior folks, um, and about every week I get a call from someone wanting to come to the Shelter just to do a tour, learn about animals, teach kids about bite prevention, you know, even if kids can't have pets, they need to know what to do to be safe around them, and things like that so I just want to make sure that you know how important the Animal Shelter is to our community, that it's much more than just a shelter for animals. It's a resource for our community, um, and that we're here to help and I will keep you updated. So, thank you. Bailey: Thank you. Anybody else wishing to comment? Okay, we'll move on to Item Sa. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa ITEM 5. PLANNING AND ZONING MATTERS. Page 13 a) REZONING APPROXIMATELY 23.25 ACRES OF PROPERTY LOCATED ALONG THE 400-500 BLOCKS OF N. VAN BUREN STREET, THE 300-500 BLOCKS OF N. GILBERT STREET, THE 300- 700 BLOCKS OF N. LINN STREET, THE 200-300 BLOCKS OF RONALDS STREET, THE 200-300 BLOCKS OF CHURCH STREET, THE 200-500 BLOCKS OF FAIRCHILD STREET, AND 200-400 BLOCKS OF DAVENPORT STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-12) ZONE TO HISTORIC DISTRIC OVERLAY/NEIGHBORHOOD STABILIZATION RESIDENTIAL (OHD/RNS-12) ZONE AND FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO HISTORIC DISTRICT OVERLAY/MEDIUM DENSITY SINGLE FAMILY (OHD/RS-8) ZONE. (REZ09-00001) 1. PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) The public hearing is open, and first we'll hear staff report. Davidson: Good evening, Madame Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development for the City. As the Mayor's indicated, you have Item a, S.a. on your agenda this evening, is a request from the Northside Neighborhood Association for rezoning from RS-8 and RNS-12 to establish a historic district overlay, which would establish the Northside Neighborhood Historic District. Uh, the...boundaries of the district are shown here -the shaded area -and you can see that the majority of the area is currently zoned RNS-12, uh, this is neighborhood stabilization residential, and the small portion at the top is RS-8. Just a little bit of background - in terms of the zoning code, in the mid-90s, uh, the area that you see zoned RNS-12 was zoned RM-12 which is amulti-family zone, and uh, at that time the Northside Neighborhood did request the rezoning to RNS-12 and the City Council did approve that, which is what you see here, and...and that was done in response to the what was at that time perceived as the changing character of the neighborhood, and this was an attempt to preserve the single family and duplex nature of the northside. So, pretty much what you have in terms of the existing zoning are zones that are there for single family and duplex dwellings. Uh, in that respect, the proposed overlay for the historic district would...you could consider consistent with the existing zoning. Um, the boundaries of the district that you see here were selected by the neighborhood, and Christina Kuecker, who's going to say, our Historic Preservation Planner, is going to say a few words after I'm finished, can answer any questions you have about the delineation of the district. Uh, the applicant, which is the Northside Neighborhood Association, has indicated that they have used the good nature...uh, good nature! Good neighbor policy, which is optional, but they have indicated they have used it. The proposed This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 14 district also includes an existing National Register Historic District in the Gilbert Street-Linn Street area, and then the remainder is, uh, residential in character. Uh, the, you have two recommendations, uh, in terms of your consideration of this issue tonight. One from the Historic Preservation Commission, which was a unanimous recommendation to approve, and the second one from the Planning and Zoning Commission, which was also a, uh, unanimous recommendation to approve. I just want to briefly outline the evaluation by those two bodies. The Historic Preservation Plan, uh, was...has been adopted by the City Council and is basically an element of the Comprehensive Plan, and that's what the Historic Preservation Commission used, uh, in their evaluation. Uh, the Historic Preservation Plan specifically encourages, uh, the Gilbert-Linn National Register District to be, uh, adopted as a local district as well. Um, the...I think it's probably fair to say the overarching goal of the Historic Preservation Plan is to, is the stabilization and protection of older neighborhoods, and that is why the Historic Preservation Commission has made the recommendation that they have. It is perceived, and Christina will talk a little bit more about this, that the establishment of a Historic District will help stabilize and protect this neighborhood, and the way that's defined, um, and I, for example, I've had a number of questions from people, well, is this an initiative to drive the renters out? It is not an initiative to drive the renters out, but it is an initiative to provide some balance between rental units and owner-occupied units in this neighborhood, and I have a couple of slides. This is from 1994 and you can see the mix and...and I will be able to see it if I put my glasses on. (laughter) You can see the mix between owner-occupied, uh, which is in the light yellow, and uh, rental, which is in the more orange color. Uh, and you can see the split, uh, between those two, approximately equal, slightly more rentals in 1994, then owner-occupied, with a rental unit and vacant. I think it's significant, certainly, to look at this map and see that in a close-in inner-city neighborhood there's no vacant properties for all intents and purposes, um, the mix that you can see in 1994, if we then go to 2009 you can see the trend is to approximately aone-third, two-third split with two-thirds rental and one-third owner-occupied. And this is that notion of neighborhood stabilization that I think is a very, uh, important aspect of the Northside Neighborhood's, uh, request, and that is to have the historic district overlay provide stability in terms of not having this trend of rental units result in a neighborhood that is, uh, a preponderance of rental units. Uh, in terms of the Planning and Zoning Commission then, um, their evaluation is based on the relationship of the proposed historic district to the Comprehensive Plan. Uh, and in this case, the Central District Plan is the prime element of the Comprehensive Plan that pertains to this area. Uh, you're quite familiar with that because it's been very recently adopted by this, uh, City Council. Uh, the 97 plan, as well as the, uh, Central District Plan, uh, does call for preserving historic resources and reinvesting in older neighborhoods, and it supports the goals and objectives of the Historic Preservation Plan, as a way to make the Central District an attractive place to live, and those are quotes right out of the Central District Plan. So, staff does concur with the Historic Preservation Commission and Planning and Zoning Commission's recommendations to you, uh, that the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 15 proposed historic district is warranted to support the preservation plan, and the Comp Plan goals, to stabilize this neighborhood. Uh, Christina Kuecker, our Historic Preservation Planner, is now going to say just a few more words. One of the things we would like to do prior to you, uh, receiving public input is, uh, maybe try and explain a little more specifically what the difference is between being, uh, an owner of a property in a historic district versus, uh, in a neighborhood that is not a historic district. Uh, there are some myths out there, uh, and hopefully we can debunk some of those so that when you consider your decision tonight you'll at least have good information on which to do so. Uh, Christina? Kuecker: Good evening, and thank you for this opportunity to, uh, present to you what...what creating this, the Northside Historic District could mean for the future of Iowa City and the neighborhood. Um, the Northside is one of Iowa City's oldest neighborhoods, um, with many of the houses being constructed between 1860 and 1930. The growth was primarily due to the growing prosperity of German-American and Bohemian-American communities in Iowa City, and the increasing influence of the University, um, the neighborhood is made up of grand homes, but also modest cottages from the work, ranging from the wealthy to the working class as it developed, and just a few examples of homes in the neighborhood, um, in the proposed district. I also wanted to take this opportunity to explain how being in a historic district affects the individual property owners and the neighborhood, and to clarify some of the misconceptions .. . misconceptions that I have heard regarding historic preservation, um, first off, property owners throughout Iowa City are subject to regulations, whether you're in a historic district or not. You have zoning regulations, building code regulations, fire code, rental code, site development standards, etc., um, in a historic district one more layer of regulations is placed on the property owner, and those are the historic preservation guidelines. Um, these guidelines are applied whenever a property owner is doing a project on the exterior of their house, that requires a regulating permit, such as a building permit. These projects go through historic review, um, which ensures that the project complies with the Historic Preservation guidelines, and the character of the property and the neighborhood. Historic review is not meant to prohibit projects from happening on a property, but it's...it's meant to make sure that work is not deterring from the historic quality of the neighborhood. Um, many of the applications for historic review are reviewed by the Historic Preservation Commission, which is made up of citizen volunteers with one representative from each historic district, and four at-large members. Um, the Historic Preservation Commission reviews projects according to their guidelines and generally discussed a project with an applicant before making any decisions. Um, the smaller projects that do not change the exterior appearance or materials of a property go through a process...are eligible for a certificate of no-material effect, which is reviewed by staff and chair, um, and that approval usually occurs within a few days. Um, one of the benefits of historic preservation district is that a property owners can be assured that changes that they make to...that changes that their neighbors make to their property will not This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 16 detract from the work and the integrity of their own property. Um, it's a fact that no matter how much one property owner keeps up their house, they can't control what their neighbor does, and sometimes those changes detract from the value of the entire neighborhood. Historic preservation is one way of...of making sure that changes to all properties are in cohesion with the rest of the neighborhood. Um, I know that there was some information that was handed out that was regarding what was not allowed in a Iowa City historic district, and this list was a misrepresentation of the Historic Preservation guidelines that took out of context portions of the guidelines and presented them as absolutes and arbitrary. Um, when the Historic Preservation guidelines were developed they were written as a guide for historic property owners to use on...for all projects, not just projects that are required to go through historic review. There are recommendations for projects such as paint and storm windows, which do not require historic review, and there are recommendations for methods that are not dictated by historic review, but when not adhered to can be damaging to the property. Like I said before, historic preservation is not a way to prohibit people from doing work on their home, but are meant to ensure the work is compatible with the house in the neighborhood. It is true that vinyl siding and vinyl windows are not allowed on a property, unless they're original to the building. Vinyl windows and siding have proven not to be durable materials and to be detrimental to long-term structure of historic homes that were not built with a vapor barrier. By applying vinyl siding to an old house, the wall no longer functions as originally built. Moisture's often trapped in the wall, creating problems with rot and mold on the insides of the wall. These problems are often not discovered until it's too late and the damage is done. Also when vinyl or synthetic siding is applied, character-defining features such as trim is removed in order to create a smooth surface for applying siding. Here's just one example of a house on College Street, in the bottom picture you see it with a synthetic siding and a recently restore, when they took off the vinyl siding, they discovered all these wonderful details that had been hidden by the synthetic siding, and this is one reason that vinyl siding, or metal siding, is not allowed to be placed over the wood siding. The guidelines do not prohibit a property owner from replacing decaying windows. In fact the Commission has approved replacement windows in 37 properties since 2007. Um, when the Commission does approve replacement windows it is with metal-clad or solid wood windows that retain the appearance of historic windows. However, this is not just an issue of historic appearance. Vinyl windows are advertised as being energy-efficient choices, but research has proven that vinyl windows lose their energy efficiency much quicker than wood equivalents. In fact, new vinyl windows can be just as drafty and deteriorated as the original windows, after just a few years. Um, some people are concerned or worried about some of the disallowed or not recommended passages of the Historic Preservation guidelines. Many of these have a legitimate reason for being disallowed. For example, the guidelines recommend against tuck-pointing with historic soft masonry with hard...with hard mortar, and you can see in this photograph why, um, it prevents moisture from escaping the bricks. The moisture freezes and breaks the bricks, um, when you use a soft mortar the moisture can escape through the soft mortar This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 17 and if the mortar does fail, it's much easier to replace or repair mortar than it is to replace or repair bricks. Um, the guidelines also recommend against using high heat or open flames, or other methods of paint removal that create a high potential for lead dust. Again, this isn't something that is required by historic review; it's just a good recommendation. We...probably everyone in this room remembers what happened when they used open flames on the Old Capitol to remove the paint and we all know the damage and health hazards created by lead and lead dust. So, again, this is just examples of, um, things that are not recommended in the guidelines and are used as sometimes as a scare tactic by pulling them out of context and they're just good practice recommendations in the guidelines. There's also many guidelines regarding, um, porches and decks, and the differences between the two. Um, aporch is acharacter-defining element that is, uh, original to many homes, and removing that porch changes the integrity quite a bit, and decks are modern inventions that are, have become integral to our modern lifestyles, um, so, in the guidelines decks and porches are treated differently. Decks are not allowed to be on the fronts of houses where porches would have been traditionally, but decks are also allowed to have a greater range of materials and design elements when placed on the back of the house. Um, other misinformation includes that crumbling chimneys and decaying garages cannot be removed. Um, this is often looked at on a case-by-case basis, taking into account the condition of the chimney or garage, the architectural significance of the chimney or garage, and the future plans after the demolition. The Commission has approved the demolition of many chimneys and many garages for these reasons. In addition, the Commission has approved new garages and there's nothing that says you can't build a new garage. The Commission has approved many additions, has approved many rear decks; um, covering your built in gutters and replacing them with external gutters is allowed; skylights have been approved throughout districts, um, whether a project is approved or denied by the Historic Preservation Commission is determined not on many factors and project details, and I try to work with every applicant to come up with a good project before it ever even goes in front of the Commission. Um, again, I wish to stress that only projects that require a building permit need to go through historic review. Um, the Historic Preservation Commission doesn't re...doesn't review paint colors, storm windows, landscaping, reshingling of asingle-family home, window repair - just to name a few. Historic review has been taking place in Iowa City since 1984 when the Summit Street Historic District was established, and from 1984 to 2006, 475 projects went through historic review. Of those, only 16 were denied, and of those 16, 8 of them came to a solution in the end. Um, the Northside Neighborhood is one of Iowa City's oldest and its protection is called for in the Central District Plan and the Historic Preservation Plan. A portion of the proposed district has already met the criteria to be placed on the National Register, and has already met the criteria and been placed on the National Register of Historic Places, and now the Neighborhood Association's asking for local protection. I hope that I've clarified some major questions, and I'm willing to answer any others. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 18 Bailey: Any questions for Christina at this point? Okay. All right, um, Eleanor, did you have any comments for us before we proceed into the public hearing? Dilkes: Uh, the Mayor asked me to clarify at this point that, um, it's my understanding that we have more than 20% of the property owners within, or the property within the district, um, have protested the rezoning, and therefore, you...it will not pass unless 6 out of 7 of you vote in the affirmative. Bailey: Okay, and at this time, before we hear public comments, let's discuss ex-parte communications regarding this district. Wilburn: I received contact from Michelle Higley, north Gilbert Street, who, um, was in favor of the historic preservation (mumbled) didn't feel t hat the, uh, requirements (mumbled) requirements is, um, is a big problem. So.. . Bailey: Okay. Others? Hayek: Um, bear with me. I, uh, met with John Kammermeyer, uh, on three separate occasions, uh, William Lake, Judith Pascoe, Eric Gidal, Tom Scott, Wally Copsa, John Backus, uh, spoke to Maura Pilcher, spoke to my father, John Hayek, and uh, for about seven seconds talked to Mike O'Donnell before this meeting, all of that took about six or seven hours of my time and it's impossible for me to disclose all of the contents of those conversations, but people were for and against. Dilkes: Can you just summarize? Hayek: (laughter) Yeah, I mean, I...uh...Mr. Kammermeyer, Miss, uh, or Mr. Lake, uh, Mr. Scott, Mr. Kopsa, Mr. Bakas, uh, were...were against, uh, the proposed district for a variety of reasons having to do with property rights and the appeal's process and um, everything in between. Uh, Miss Pascoe, Mr. Gidal, uh, Miss Pilcher, and I guess that's it, were for it, and generally cited the materials and uh, the Friends of Historic Preservation submission, some of the emails we received, and many of these people have all communicated in writing to us, uh, I have to say my father was, uh, probably slightly for it, but more or less agnostic, um...(laughter) if he's watching (laughter) and uh, and that's it. I mean, I can go into greater detail, but we have a lot of people here. Bailey: Okay. Is that sufficient? All right, other? Wright: I spoke with, uh, David Hamilton, who just had some questions about, uh, some of the definitions of historic district and he expressed no opinion one way or the other. Uh, I also received an email from, um, Mark Gilchrist, uh, expressing support for the historic district. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 19 Champion: And I did communicate with Michael Lensing, uh, briefly at a, uh, social function. He asked me a few questions. I had one phone call; I can't remember from who it was, just wondering if I was going to support it. O'Donnell: And I spoke with John Kammermeyer one time. I spoke with Judith Pascoe, and one other, and John was against and Judith and the other, and I'm sorry I forgot your name, were in favor, and I believe I spoke to you, Matt, for about 33 seconds. (laughter) Wright: Very careful timing. Bailey: Amy? Did you...none? Okay, um, we spoke, Mike. I wanted to also add that, about the...our, the process, briefly, when we were talking about other things, um, and how the good neighbor policy had been used and then I spoke with Judith Pascoe, um, she was expressing some concern about the misinformation that was circulating, um, regarding historic preservation guidelines, and that was the nature of our conversation, and I think Christina's comments addressed many of those concerns. Hayek: I neglected one person. I had lunch with Scott McDonough, um, he's a local builder and remodeler and we talked about some of the environmental issues. Bailey: Okay. Hayek: And he's against it. Actually he...he's, uh, he's not against historic districts, but he has an issue with some of the environmental restrictions, or obstacles, in his view. Dilkes: Let me just say this. I suspect that between the written material you've received, and what you're going to hear tonight you're going to hear just about every argument pro or con. If there is an argument that weighs in your mind that you heard outside of this, uh, forum, you should tell us when we're done. Bailey: Thank you. All right. Let's proceed into the public hearing. Um, I've been requested by my colleagues to indicate not only your name, and to limit your comments to five minutes, and I'm underscoring that and bolding it, but also we are interested if you live or own a residence in the neighborhood, in the outlined district, and please state that up front. You can just form a Q -it's fine. It'll save time. Kammermeyer: John Kammermeyer...John Kammermeyer, uh, my office is at 404 East Bloomington. I'd like to, uh... Bailey: Do you live in the district, John? Kammermeyer: I do not live in the district. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Bailey: Thank you. Page 20 Kammermeyer: I would like to hand to you (away from mic) one of those is recent comments in the paper by Bob Elliott, concerning this matter. The other is the present data on objections to this proposal, based on Johnson County Information Technology data, and information from Marian Karr's office, as of today. I wish to mention that 19 years ago in 1990, Mercy Hospital and the City of Iowa City was planning to allow a heliport on top of the Mercy ER. There was one week window of opportunity to appeal this action to the Board of Adjustment, quasi legal entity, and I entered that appeal to the Board of Adjustment. No law firm in Iowa City would represent me, so I had to hire a Cedar Rapid's law firm, and I successfully won the appeal and the heliport was denied. However, I ran up a large legal bill and some of the people on the northside paid small amounts toward the bill, but I ended up paying most of it, and luckily the firm gave me up to two years to pay that bill. Therefore, I do care about the integrity and viability of the Northside, or I wouldn't have done that. If I hadn't done that, there wouldn't be a Northside as we know it today. But I do not feel this historic district proposal is the way to go. I was involved with the issue four years ago when my property was involved. My property's not directly involved this time, but I have become involved because four years ago I got to know a lot of property owners in the Northside, and they encouraged me to become involved again. There are a number of reasons I think the Council should vote no on this proposal, but I wish to address two of them. First of all, the process by which this proposal has come to you is terribly flawed. I feel it is unfair, unjust, and undemocratic. Several months ago about 20 people, give or take a few, asked the City Planning staff to reactivate the Northside Historic Preservation District proposal. Immediately the City staff went to work putting together a proposal to present to the Historic Commission. Only then several weeks before the hearing of the Historic Commission did the City send out mailings to the 119 property owners now involved, or properties involved. This was the first time that most of these had heard anything about the proposal. It was sent on to P&Z and eventually arrived here. The proposal will involve a major loss of property rights, with the City staff and Historic Commission taking over complete control, dictating what a property owner can do with the exterior of their home or any addition to it. Moreover, the City staff and the Historic Commission can dictate whether or not a structure can be torn down, altered, or added to. A major...I feel the majority of the property owners in this proposed district did not pre...receive in medical terms appropriate informed consent, where you tell a patient all the pro and con and all the issues about a certain procedure or treatment. The material sent out by the City was grossly inadequate, did not begin to inform property owners of all the restrictions a historic district imposes on property owners. A reference to a web site is not adequate for a lot of these people. Therefore, several property owners did put together three pages of highlights extracted or abstracted from pages 13 to 32 of the Preservation Handbook, listing things prohibited or not recommended. I had a friend of mine who has been an architect in Iowa City for the past 20 years with a major firm, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 21 and he reviewed this, and he confirmed that the handout was generally accurate and at times verbatim from sections of the handbook. Some proponents will say, well, you can appeal a decision of the Historic Commission to the Council. This is an empty and hollow gesture, since the Council can review or change a decision by the Commission only if it is arbitrary and capricious. This means that the Historic Commission if it follows its standard policies and guidelines in the Handbook, the Council will have no say in the matter. And some proponents say, well, the Historic Commission doesn't deny that many requests. That maybe technically true, but I know indirectly from a number of people that I know in town, over a...a number of years, that the City staff frequently just tells homeowners you can't do this in a historic district and it never officially comes to the Historic Commission. But the second reason the Council should vote no is economics. The requirement for property repair, maintenance, and restoration is more expensive and costly in a historic district. There is due...this is due to the need for detailed plans, types of material that are required that do not weather and maintain as well as modern building materials. Vinyl clad windows are about half the price of wooden windows. Oversized solid wooden doors start at $800 to $1,000 before installation. And just talk to any contractor about the increased costs of repairs and remodeling in a historic district. It is more costly to maintain or prove a...improve a home or building in a historic district, and would be a hardship for a number of property owners, many of whom on the northside are not wealthy. For example, I personally know four older people who would not be able economically to maintain their homes if they had to follow the demands and criteria of a historic district, and I've met several young people who've recently bought homes in the northside, starter homes to fix up, but they would...they felt they would not be able to do so economically, if the district were imposed. If you impose a historic district on the northside area you're not going to accomplish what you think you might accomplish. You will be forcing this down a lot of unwilling property owners' throats, and alienating many people in the community against historic preservation. More than you already have! Bailey: Sir, would you begin to conclude your remarks please. Kammermeyer: You will have made housing on t he northside much less affordable and instead more expensive for homeowners and renters through the higher economic costs to maintain properties. And I believe that overall the condition of many houses in the northside will actually deteriorate because property owners will not be able or willing to economically afford repairs and renovations, based on the criteria and demands of the Historic Commission. I have a... several sentence statement from one of the ladies living on the northside that's wheelchair bound and could not attend tonight. She said, and Colleen is her name, it seems like every so many years the historic district proposal pops up, fairly suddenly without much warning. I have been a good law abiding citizen, living in my home in the northside for the past 48 years. I always pay my property taxes, which are too high, and what do I get for it? And what do I get for it? The City tries to take This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 22 away a lot of my property rights. I say no to this historic district proposal. Thank you. Bailey: Thank you. Pascoe: I think we need to have our book opened and the stickers, a place for the stickers to go. Thank you. Okay. I want to start by thanking all the people who have helped with the historic district application process, which has its origins in the Central District Plan. We also thank City Council Members for their... Bailey: IJh, Judith, you need to state your name for the rest of the people here. Pascoe: Sorry! I'm Judith Pascoe, um, I'm...I live in the district, the proposed district. Bailey: Thank you. Pascoe: Thanks. We also thank City Council Members for their support of past neighborhood initiatives. What we're talking about today is a small area of town. Here's the whole northside. Actually that's a little bit more than the northside, with the little district put in. Um, here are the boundaries of the proposed local historic district. We originally named it the Near Northside Local Historic District, but the word "near" tends to drop out of the title. That's fine for most purposes, but it's important that you know precisely what we're talking about. The proposed district lines up closely with the Gilbert-Linn National Historic District; however, it shaves off a stretch of Bloomington Street, which is zoned commercial, and it adds two stretches of Fairchild. Fairchild Street retains its original brick paving, and it contains an O. H. Carpenter house and several significant smaller dwellings. Some of t he houses designed by O. H. Carpenter, a renowned Iowa City architect, deserve to stand alongside Isaac Wetherby's cottage and Robert Lucas' Plum Grove, and the pantheon of important Iowa City buildings. An amazing eight Carpenter houses survive in the proposed district. Some of them more intact than others. I've saved the best for last. The home of Emma Harvat, Iowa City's first female Mayor. Harvat was a neighborhood advocate who promoted the paving of Iowa City's streets. Linn Street, which like Fairchild retains its original brick, was the first street in the northside to be paved because it served as a route for funeral processions from northside churches. In addition to the Carpenter houses, there are several spectacular large homes in the proposed district. Today Emma Harvat's house stands next to a student rental property and across the street from Shelter House. From its earliest days, the northside has been the most socio-economically and ethnically diverse neighborhood in Iowa City. It's that diversity we seek to maintain. We're especially interested in safeguarding the homes of those who have less money and less political clout than Emma Harvat. The proposed district encompasses some of the most smallest and oldest houses in Iowa City. We believe that Iowa City's working class population also deserves to have its history preserved, and these little houses are every bit as architecturally interesting as the Carpenter houses. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 23 Some of them are vernacular or folk houses built by ordinary people with their own hands. In the near northside these very small houses are intermingled with grand mansions. The northside achieved early on the mix of housing stock that City planners advocate. Sometimes without success in new housing developments. Here's the 300 block of Church Street, also included in the proposed district. The near northside is the gateway neighborhood of Iowa City. When parents drop off their kids at the University, they park in the near northside and walk to the dorms. When out-of-towners come into Iowa City for the Jazz Festival, they park in the near northside and walk downtown. Workers at the University of Iowa park in our neighborhood every morning. I see them pass by with their lunch buckets when I go out to get the newspaper. On Friday nights students pass through the neighborhood on their way to the downtown bars. As the University has recognized through its support of the local Historic District, these students...these students safety is enhanced by living in a neighborhood composed of all kinds of residence. Bailey: Judith, you need to begin to conclude. Pascoe: Okay. The near...it's a unique neighborhood. Uniquely exploitable, uniquely dense in population, uniquely transient and uniquely historic. It holds a special place in the affections of many people it has sheltered. The northside neighborhood...several opponents of the plan have a philosophical opposition to historic districts. We don't have an overarching philosophy. We have an optimistic vision of the future of our neighborhood. We've won PIN grants in support of North Market Square. We've championed our neighborhood school. We've welcomed students by holding an alley-walk garage sale day on the weekend before classes begin. And we've, uh, passed out garden seeds. If Council approves the district, no property owner will be forced to do anything to his house, or to undo anything that's already been done. Only on those rare occasions when property owners plan major renovations will they have to consult with the Historic Preservation Commission. Many of us are happy to do that. We're confident that years from now everyone will be glad that you approved the district. We hope you will do unanimously as a show of strong support for the open and egalitarian process that resulted in first the Central District Plan and now this neighborhood initiative. Thank you very much for all of your good work. Bailey: Thank you. (faint applause) Oh, we're not going to do applause. We're just gonna keep moving! Thank you. Fidelis: I'm Libris Fidelis. I do not live in the neighborhood, but uh, I do travel through it quite a bit and I live in central, uh, downtown...Iowa City. Uh, I think the thing that we need to look at is what's been going on on, uh, East Burlington Street, in a radius of about a mile of that area toward the Summit area. Uh, we can see all over this town what's been going on. Uh, the student commercial rental, uh, business has been flourishing, um, if you look at what happened in South St. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 24 Louis, a displaced part of the City had moved to South St. Louis, which was a rundown almost abandoned area, because of the pressures put on by their own city government, to develop. What they did when they moved down into this, uh, very, uh, marginal area, they started restoring the place. Now, this was originally a trolley area where the trolley cars came up Grand Avenue and so they did have a business district; however, most of it was residential. And when you see what these people have done in South St. Louis, everybody wants to come down there! A good counterpart, uh, about this is if you look at what the University of Iowa does. University of Iowa has been constructing hideous looking architecture all over this area, but when they want to have a flyer they show the beautiful architecture of the older buildings. Why? Because it attracts people. Because people like the human aspects of the older architecture. It isn't just something that's fasciciously cute. There's a reason why people are attracted to those areas. The key is that you have to protect these areas. The thing that drives people out of neighborhoods is commercialization, um, commercial rentals, and basically a complete attitude about, um, this is not a community, uh, this is just a place where people live. And so what's been going on is we have people moving out because they're being actually forced out. And when you protect a neighborhood by preventing commercial rentals, which in this case would mean there'd be a grandfather clause, they wouldn't be forced out of renting, uh, the properties they already have, but no new properties. If you have an area that's protected so that people are attracted to that area to come back in there again, it will grow. They will want to rebuild. Low-income people can be provided protections. This has been done in South St. Louis. Uh, there's been a lot of people in South St. Louis that bought a complete two-story house on three-quarters of an acre of land for $5,000 because nobody lived there, and rather than have the place deteriorate, they were given benefits. When the place started developing again, not commercially developing, but by new people coming in who wanted to restore the neighborhood, those property values went up, and they had protections against being forced out of their properties. That can be done here too. LIh, the main thing though is that when you have a historic district it attracts people. People like the human aspects of protecting the neighborhoods as it was. This is something that is still available here in the city. We can still protect it. We don't have to have stringent controls that protect, uh, commercial interests who only have in their long-run term the idea of buying up as much property as they can, tearing it down, and building great big apartments, which you can see all around our city. They're tearing down our historic community and rebuilding with big modern architecture. If we protect these areas it will attract people, and people will want to live here, and believe me, this city will become much more, uh, interesting to people. People will want to be here. It will probably forget about Coralville, which is a modern, uh, attachment to the mall, basically. When they see that there's a beautiful place to live, which protects people, they will come here. And these historic buildings have a large amount of historic value to us. It's not just that we're preserving individual properties or something like this. It affects the whole community. The whole community sees this beautiful downtown area that used to be Iowa City, and they say, 'Let's come down to the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 25 Ped Mall.' And when they see the historic north district being preserved, that also starts to apply to the rest of the city. They say, 'Well, this is our city. This is the beautiful part,' and I remember in Rialto, California, when I lived there, I always brought people down Riverside Avenue because it was the most beautiful part in the city, and everybody said, 'I didn't know this was here!' It's the same thing with the north district. If we preserve it, protect it, and encourage it, people will move there. They will restore the buildings like they did in South St. Louis, and as for people that, uh, might, uh, say that, well, it'll only encourage higher income people and the lower income people will be kicked out. We can protect against that, but every city in the country has that problem where downtown areas encourage higher and higher incomes as each decade passes. We can protect the existing people here, but sure - after a while, you're going to have higher incomes moving in, but they will also want to preserve this. So thank you. Bailey: Thank you. Bakas: My name is John Bakas. I own and occupy 514 N. Gilbert. It's been in my family for a half century. I favor historic appropriate architecture, but not through this strong law. I'm here to protect my property's value. I view this proceeding as a threat to my property value. An attempt at wrong seizure of my private property rights. A wrong involuntary lien placed on my property. A wrong cloud on the title of my property. I see this wrong law as a new layer of my government sticking its nose into my life. I consider this a seizure of property rights, an intrusion into my property, a burglary of my private property rights, a personal violation. Under parallel conditions, a private citizen committing the same degree of unwelcome private property violation earns a certain, a long, and awell- deserved jail sentence. This wrong law means a new layer of government beaurocracy to enforce it. More city government expenditures to pay for the beaurocracy at a time when more expenditures are a big problem. It means more property taxes to pay for those new expenditures, at a time when higher taxes are a big problem. This wrong law would impose additional expenses for property changes during a bad economy. This wrong law is a big disincentive for planned property improvements. People will let properties deteriorate rather than make changes they judge as wrong. If a property is sold without mandated historic changes, the cost of those changes would naturally subtract from the sales price. This wrong law will therefore diminish property values. Expenses for making a property look old may never be recovered. $50,000 spent for mandated changes may only add a small fraction of that amount to a sales price. While the rest of the world is trying to conserve energy, this wrong law is not energy efficient. The most heat reflecting color is white. It is not allowed according to one of the members of your staff. Non-white colors increase heat in the summer. This wrong law limits vents so it obstructs heat removal in the summer. This wrong law mandates very expensive heat-trapping exterior windows. Those who notarize this judgment that this wrong law...uh, those who notarize this judgment that this is a wrong law represent 70% of relevant tax revenue. 60% of affected properties, 60% of the affected land area, and 55% of the affected taxpayers, this This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 26 is according to your department of, uh, of Information Technology, accurate as of this noon. Zero percentage of those favoring this wrong law have notarized this, their position. As public servants you were elected to represent your majority. You have a duty to respect the judgment of your majority. Do not breach your duty. It would be wrong of you to vote for this wrong law. Do not impose this wrong law on your majority. Sponsler: Hello, I'm Claire Sponsler. I live at 413 N. Gilbert Street in the proposed district, and I appreciate your willingness to consider this important matter this evening. I think there are many reasons for supporting historic preservation, including its ability to stabilize and protect the oldest and most vulnerable neighborhoods. From market forces that favor demolition, and inappropriate new construction or alterations. Those reasons explain why the City's Central District and Comprehensive Plans, pardon me, endorse historic preservation as a useful planning tool that can attract families and other permanent residents to urban neighborhoods. One objection that's been raised about historic preservation has to do with affordability, and I'd like to address that very briefly with just three points. First of all, some claim that historic districts force an owner to do extensive and expensive work on a house. That's not true. Historic review is needed only for exterior building projects that require a building permit. If you never apply for an exterior building permit, then historic designation won't affect you. Uh, secondly, people sometimes assume that preserving older homes is incompatible with energy efficiency, but that's a myth. Studies show that most energy is lost not through a home's walls, but through its windows, roofs, and openings, such as where the foundation meets the house frame. Insulating the attic and foundations, and caulking gaps, can significantly cut your gas and electric bills, as I know because I've done it myself. Old wooden windows can be made energy efficient, for much less money than it would take to install new vinyl ones. An additional advantage to repairing existing wood siding and windows is that demolition material is kept out of the landfill. The bottom line is for anyone who wants to save money on heating and cooling costs, and also wants to protect the environment, historic preservation is a good choice. LTh, third, and my last point, some believe that it costs more to maintain a house when it's in a historic district, but that's not necessarily the case. Resources exist to help homeowners in historic districts. From the free design advice offered by the City's Urban Planning division, to the Salvage Barn that sells reclaimed siding, trim, windows, and other building materials at reduced cost. There are community workshops on such things as fixing old windows or painting a wood-sided house, and there are State tax credits available for restoring historic buildings. It's also important to note that Iowa City's Historic Preservation Guidelines allow for affordable alternatives that preserve the historic character of the house, and don't damage its structure the way vinyl siding can. Even people who don't have deep pockets can benefit from historic rezoning. And to conclude, for most homeowners, a house is the single biggest investment they'll ever make. Historic designation can help protect that investment. That's especially important in the northside, which is a diverse neighborhood with many small houses. The proposed rezoning will help This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 27 keep those houses affordable for people with modest incomes. I'd like t end by reminding everyone that historic rezoning has a proven record of success in Iowa City, uh, I hope you'll vote in its favor because that's what's in the best interest - not just to the individuals -but of the whole community. Thank you. Gidal: My name is Eric Gidal. I do not live in the proposed district, but I live in the neighboring historic district, and I just wanted to briefly voice my support for this measure. Um, it's really a bunch of people who care about the community and are trying to help the City see, uh, the importance of encouraging reinvestment in its central districts. To echo a point just made by the last speaker, all you need do is look at a currently existing historic district and see the value that they have added, not only to the homes in those districts, but to the City as a whole. It's in the City's best interest to, um, to counterbalance the economic forces that would drive the development of the City and to encourage appropriate reinvestment, not only in the downtown, but in the neighborhoods following. So I strongly encourage everyone on the Council to support the community in supporting this measure. Thank you. Jennings: My name is Will Jennings. I live at 311, uh, Fairchild Street, and our property is a key contributing property (mumbled) you'd see it. Um, I have owned and lived at 311 Fairchild Street for 11 years. I speak in support of the proposed historic preservation overlay as an owner-occupier of a key contributing property, um, which I'd like to note is the first home I have ever owned. I also speak as someone who has lived in Iowa City for 38 years, ten of those as a renter in the Northside Neighborhood, and another 14 years in Goosetown, College Hill, and Longfellow neighborhoods. I also speak as a landlord and property owner in the Longfellow Conservation District. My collective experience as a renter, first time home buyer, as a landlord, all in neighborhoods that can be described as diverse mixes ofowner-occupied and rental properties, and all as neighborhoods with character, history, and vitality deserving of our recognition and preservation. My experience has been that historic preservation does the following things. It stabilizes neighborhoods, uh, perhaps my wife will speak to that, uh, about the home that she bought that was not a fancy house, arun-down place that she had to gut the interior and to which, um, an exterior porch was added, in line with historic preservation, for which she received, applied for and received, grants to help do. Um, I speak before you as a writer and a musician, and as an adjunct teacher, none of those should be showing flashing dollar signs in terms of (laughter). Historic preservation encourages first-time home buyers by providing access to grants and loans for rehabilitation and repairs, and encourages them to invest in property and rehabilitate it, knowing that their investment in equity will be rewarded. It creates a positive identity for the entire neighborhood, fostering a healthy mix of affordable rental and owner-occupied homes. It's important to note that all of Iowa City's designated historic preservation neighborhoods have benefitted and prospered, contributing to Iowa City's vitality, diversity, and the positive characteristics that encourage responsible ownership and equity. Um, other speakers have noted how that the proposal is in line with the Central District This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 28 Plan, um, with the larger Comprehensive Plan for the City, and this is not the first time that we've brought this, um, before the City Council, uh, to be heard, to propose this. Um, so I...I want to say this is not a new issue. I just want to briefly touch on one thing. It was noted by a previous speaker that, um, no notice was given or this was some sort of undemocratic process. Nothing could be further from the truth. Mailings were sent to every property owner, and in addition, flyers were sent, or walked and delivered by hand to every property in the district, advertising not only the Historic Preservation Committee meeting, but the Planning and Zoning Committee meeting and a meeting of the Northside Neighborhood Association, to which everyone was invited. It is not an elite cabal. It is an inclusive group of neighbors who are considered, um, vital members of our community. Um, in closing, I would just like to say this -that the Northside Neighborhood is a gateway to Iowa City. It's a physical path of entry for those traveling into our city, but it is also a gateway for many first-time renters, first-time home buyers, and (coughing, unable to hear) work hard to build and foster a sustainable, diverse, and historic community. These efforts are supported by the historic preservation proposal in the northside deserves your support of this proposal, as well. Thank you. Dunnington: There's a second page. Hi, my name is Rya Dunnington and thank you for the opportunity to speak. Um, my husband, my small children and I live at 413 Church Street. We own and occupy that property. We also own a rental on Church Street in the same block, and I'm here simply to express our support for the expansion of the historic designation area, and if we're upset about anything it's that we're actually immediately outside of the boundaries, so we're next store to the boundary, and we hope that in the future it would be expanded to include our properties, as well. Thank you. Bailey: Thank you. Sherman: My name is, uh, Steve Sherman. I have lived on the Northside for three years. One year in the 400 block of North Van Buren, two years in the 200 block of Fairchild Street. LJh, I'm about half the age of I think the average speaker proceeding me, um, I just want to keep that in mind (laughter). I grew up in a suburb, uh, in...in North Jersey, really-Levittownesque, I mean, really post-war, split-level, and uh, this has been my first time really living in old houses. Um, and I love it. I mean, that's all I can really...I love it! And...and if you look around the Northside as a visitor you think it's young people, it's people my age. It's not people their age (laughter) it's people my age! And it's so desirable because so many kids, so many kids from Iowa City come to the Northside, or come to Iowa City like me from suburbs, not just Chicago, but West Des Moines, Bettendorf, Cedar Falls, Council Bluffs, and it's walkable, it's great, and it's old, and it...it makes us feel like something bigger than ourselves. And that's (mumbled) thank you. Bailey: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 29 Reynolds: Hello. My name is Christina Welu Reynolds and um, I do not live in the proposed area, but I do live in a historic district outside of that area. And I am feeling quite old, since I'm half...doubled his age (laughter) used to not think of myself that way. Um, I can see that you are faced with a really tough decision that's going on here, uh, because of the number of people in this room. As I'm listening to the comments made I can see that it's people who want to...preserve historic preservation, and then it's some people their bottom line is money. How much is this going to cost me. And for other people it's their rights as a property owner, and is this going to be dictated, what I can and cannot do. And just to settle something. I live in a historic district now and I have yet for anyone from the Historical Society to dictate anything I have done t my property. Um, having said that, um, I think that it's important that we do look at some facts, and a couple of the facts are that the Historic Preservation Commission did unanimously approve this proposal on Marchl2th, and the Iowa City Planning and Zoning Commission did unanimously approve this proposal on April 2nd. Plus, the proposed district also supports Iowa City's Central District Plan, which states that the plan wants to promote the Central District as an attractive place to live by encouraging neighborhood associations to advocate for specific improvements. This will assure the stability and livability of Iowa City's older neighborhoods. For many of us who live on the Northside we see the aesthetic value of our older homes. They can't be replaced because many of the materials simply do not exist anymore. To replace the front exterior, 100-year-old door with something new simply does not do the house nor the neighborhood justice. The Northside is a neighborhood with people like myself, middle class, who work and have children attending Horace Mann Elementary School. We walk and drive and bike ourselves to work. I believe anyone in this room, whether we are landlords, tenants, or people living in the houses that we own, understand the value of property located in the neighborhood where our children and our grandchildren will grow up. The Northside is an eclectic area. It contains cottages from the 1870's and multi-story homes from the early-1900s. There are rental homes and owner-occupied homes. There are old people, like myself (laughter), and young people like the previous speaker. Approving the proposed Northside local historic district doesn't change any of this. What it does do is it helps to make sure that exterior changes made are compatible with the neighborhood. Something we wish to preserve. The Historical Preservation Commission unanimously approved this proposal, as well as the Iowa City's Planning and Zoning Commission. And the proposal supports the Iowa City Central District Plan. It is our responsibility as citizens and stewards to preserve what can't be brought back. I'm asking you to please approve the Northside Local Historic District proposal. Thank you. Bailey: Thank you. Thomann: My name is Dana Thomann and I live at 208 Fairchild Street, and I do own the property with my sister. Um, our house has quite a history and I'm going to tell This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 30 you a little bit about it. It was built in 1876 and then it was lived in by my great- great-grandparents, my great-grandparents, and then um, my grandfather also lived in the house for a little while during the school year when he would go to school in UHigh and he couldn't travel back and forth because the weather was bad, and my mother, um, also lived in the house for a little while as she would go back and forth to UHigh, so our house has quite an incredible history to it, and um, in 1969 the house got sold to a friend of the family, um, and then my sister and I, it came up on the market in 2001 and we decided to...to get it back into our family, and we're really happy that we did that. Um, we talk about the Northside being, uh, full of rich people. We were just lucky to find a banker that would give two college students a loan, I guess. Um, and so my sister and I really want to keep up the integrity of our home. We want to keep it historic, and one of the great things that we think is a benefit to making this a historic district is that we can apply for grants and get the help that, the financial help that we need, to keep it how we want it to be. So I brought some props with me tonight. This is one of the things that we always show people when they come to our home. This is Mr. Mole's cane. He lived in the house. Our house was a boarding house for a while when my great-great-grandmother lived there, and um, he used this cane to get up and down our oak staircase, and so it's always fun to show that to people and, um talk about the history that is behind it, and another thing is, um, I'm really, really blessed that I get to walk to work every day. So I live downtown, I work in Calvin Hall, and um, one of the things that my great-great-grandparents did was they took great pictures. And so I have a lot of pictures of the historic Northside, and one of the pictures, I always try to figure out where these pictures were taken because they didn't write on them at all. One of these pictures is a gorgeous old house and you can see that there's like gingerbread around the porch, it's just a very beautiful house and I've been looking for this house forever as I walk up and down Northside, looking for little hints, and um, I realized where this house was located, and then I realized that, um, the gingerbread is gone. A lot of the things with the house that are historic, that make it worthwhile to look at are...are simply gone. Um, it's...it's been taken away from it. So, in thinking of that, in thinking of young people who are really into this idea of being able to walk where they want to go, to be able to go to the Pioneer Co-op and get their food, um, thinking about young professionals who want to walk to work, I really, really ask that you will do this for us, for the next generation that is coming in to live in these places, and who are attached to them as college students and want to live there and make a home out of it. Thank you. Bailey: Thank you. Poe: Hi, uh, my name is Julianna Tymaczko Poe, um, and I live at 416 N. Linn Street, which is in the proposed historic district. Um, and I just wanted to say a few words about why I support this plan. Um, many moons ago when I was (coughing, unable to hear) college town much like this I also like the previous speaker wanted to live in an old house, um, and...especially in a close-in district, close to downtown, close to the university, um, I find that, um, the same reasons This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 31 still make me want to live in an old house, um, in a close-in district. We were lucky enough to find a house, um, that had been single-family before us, uh (mumbled) (laughter) that had been single-family before us, uh, the people who sold it to us raised their child there. She went to Horace Mann and City High, um, and last summer, um, the people who sold it to them, uh, their child who had been raised in the same house, um, who went to Horace Mann and City High, uh, actually showed up and walked through the house and told us that essentially it looked the same, except we had torn up the carpet and...and redone the floors. Um, and um, and we're just really pleased to be able to be raising, you know, another generation of kids in this house, um, and we hope to be able to continue doing this, um, we're actually, um, I think we...we, um, we like living near students. Students give a lot of energy and life to a neighborhood, um, and um, we hope to be able to continue to be able to live near students, uh, I think, you know, as we walk through the neighborhoods we see that there are a lot of landlords that are really doing right by their property, um, there are some unfortunately that, uh, that don't, um, and um, you know we find that the people who like to live in a house that's really run down are often the people who are not all that concerned about property and their neighbors, and uh, and are responsible for a real disproportionate number of the nuisance calls that we make, um, and you know, we'd really like to stop spirals of neglect...from spreading out of that property. Um, I...I guess just one last thing I wanted to say, especially given some of the comments that have come up, we are in the process of, um, rebuilding a damaged, rotten garage wall, um, and have um, voluntarily talked with the Historic Preservation Board um, about maintaining, uh, what we need to do to...to uh, to keep this historically sound, uh, repair. We have not found it to be, um, an onerous increase in cost, um, and we have actually found that it, um, suggested something that was much cuter than what our contractor suggested fortunately. So, again, I'm just here to, uh, support the proposal and thank you. Bailey: Thank you. (falsetto voice) My name is Miriam and I support the proposal! (laughter) Poe: My name is Marshall Poe and I, uh, live with Miriam, and Julian, and our son Isaiah, uh, 416 N. Linn Street. I support the proposals for all the reasons that have been given. Basically I think it's going to increase my...my property values, and I really appreciate the character of the neighborhood. We moved to Iowa City because of Northside, uh, my wife's kind of a hot-shot mathematician and she got lots of job offers and we had lots of sort of choices about where we could go, and uh, we looked around and we saw the Northside neighborhood and that pretty much sealed the deal, in fact I...I saw the house we live in online and I suggested that we buy it sight unseen because it is so beautiful. So I want to keep the character of the neighborhood the way it is, so I support the proposal, but I did want to talk just for a second about the, um, the procedural objection to the proposal and listen to the opponents of...of the, uh, of the plan and you'd think that a hidden cell of the communist party met in Judith Pascoe's basement and sort This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 32 of cooked this up to subvert people's property rights. Um, but that's not what happened at all. I...I'm not a member of the Northside Neighborhood Association. I am a landlord and rent it to people, and I'm a life-long Republican, um (several commenting) support this thing (laughter) and I gotta tell you, I was kept informed of every moment by these people. I...I, you know, again, I'm not, I didn't do anything for this proposal, but I knew about it, and I knew about it because they informed absolutely everybody in the neighborhood about it. If you were listening at all, if you cared to pay attention, then you knew about this. Moreover, it happened four years ago. I mean, fool me once, shame on me. Fool me twice, I mean, everybody...this was not a hidden, there was nothing hidden about any of this, and more than that, it's you know, it's consistent with a lot of activities that the City has undertaken in a democratic way, you know, the City plan constructed democratically, the, uh, the initiative to preserve properties, done democratically. The election of the City Council is done democratically. I...you know, let me close by saying this, I've spent my entire life studying, um, Soviet Union (laughter) and I've, I lived in the Soviet Union, I've seen Communism. (laughter and several commenting) This isn't it! This just isn't it. This isn't even close to it. This is an effort to preserve a really beautiful asset of Iowa City, and I really, um, I really hope that...you have a tough decision, but I really hope that you do that. Thank you. Futrell: My name is Susan Futrell, and I live at 311 Fairchild Street, which is in the proposed district, and is one of the contributing properties. Um, I've lived in Iowa City for 36 years, uh, first 16 or so as a tenant in a whole bunch of different neighborhoods in town, and um, always the older parts of town. I bought my first house, um, as a younger anyway single person about 20 years ago in the Longfellow neighborhood. Um, it was afixer-upper, and soon after I bought it, I was able to...because of the conservation district in that area passed soon after I bought the house, I was able to get a small grant from the Historic Preservation, um, Friends of Historic Preservation in Iowa City and also a tax credit to do some, basically some repair work on the house, but because of the historic character, I was able to do it in a way that was really true to the house and um, since then have been able to maintain the house and maintain it as a rental property without, um, any issues. LTh, about 11 years ago, my husband and I looked for a larger house and were able to buy our house on Fairchild Street. Again, um, a graduate student, aself-employed person. We're...we're kind of your typical, middle um folks in Iowa City, looking to again live in an older part of town and as a lot of people have spoken before now, this neighborhood in so many ways exemplifies the kind of neighborhood that community planners try to...try to create. It's walkable, it's mixed, rental, student, it's very mixed in terms of ages, it's, um, mixed in terms of the sizes of the houses, um, there are churches, churches, bars, schools, uh, work places, campus downtown, all within walking distance. So, it's...it's a great neighborhood, um, and I know as a Council you have a lot of tough decisions to make about how to keep Iowa City and make it a good place to live and a lot of those are really controversial and really expensive, um, and what we're asking for tonight is for you to consider a proposal that will really cost the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 33 City virtually nothing and will help to foster the kind of neighborhood and community that in a lot of ways having the mix that we have helps to buffer the neighborhood from some of the kinds of challenges that happen when it goes out of balance and becomes too much all one age, or all rental, um, and...and it loses some of that diversity that helps the neighborhood stay balanced. Um, this is the third time since I've lived in the neighborhood that this has come before the Council and oddly enough, um, given the history of these proposals, it's actually not that controversial of a thing. Every single time this has come before the Council, it's been supported by the Neighborhood Association, which is requesting the designation, by the Historic Preservation Commission, by the City's Planning and Zoning Commission, by the City staff, by the Comprehensive Plan and the Historic Plan of the City, and at least in the last two instances, that I can remember, by a majority of the City Council, and the reason we're still here, um, for a fourth time, asking about this is because as you saw from the staff presentation, there's a lot of rental property in this neighborhood, and it's part of what keeps it affordable, and it's part of what makes it an interesting, lively, diverse neighborhood, and it's part of why we like to live there, but it also means that there are a lot of owners of property who do not live in the neighborhood, who own properties that aren't historic and aren't contributing, and in many ways will be minimally, if at all, affected by the historic designation, modern, uh, multi- unit structures. Um, but the fact that there's a large enough portion of those properties owned by a pre, um, aggressively opposed group of landowners means that each time this comes to you it gets forced to a supermajority, and so even though it has the support of all these very reasonable people, reasonable, um, democratic processes, um, it...it's been able to be shoved back to the neighborhood, and meanwhile, you have, um, homeowners in the neighborhood investing money and time in our property, and in helping to maintain the character of the homes and the neighborhood. Also I think helping, again, to sort of buffer the City in our neighborhood from some of the kinds of challenges that happen when, um, it gets out of balance. We can see from the map comparing, um, the two periods that we're losing the battle right now. We're really shifting, uh, more and more to a renter place, and just speaking as someone who, um, both as a renter and as a homeowner, wants to live in an old part of town. I want to be able to walk downtown. I think there are a lot of other people, um, who...who want there to be affordable opportunities to live in...in historic areas. Um, we feel very caught in this, um, in a process that for me, coming back again to speak to you about this, feels like does not really reflect the...both the sense of the residents of the neighborhood, both tenants and um, homeowners, but also doesn't really reflect what benefits the larger part of the city, and obviously as you can see, there's not full agreement in the neighborhood about this, um, and that's why it's...it falls to the Council to make a decision that's um, for the best of the whole city, as well as the neighborhood, um, so I, again, just asking you to, um, do the right thing by this neighborhood, and...and um, put it in a stabilized historic overlay district where it belongs. I really think you'll find that when that happens, it will not downgrade the neighborhood. It wont', um, the rental properties will go on with business as usual. They will function just fine. Um... This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 34 Bailey: (mumbled) Futrell: ...in the neighborhood will have the opportunity, not only for some resources and support, but also some acknowledgement that the efforts we are making to make this a good part of the city are...are of value. Thank you. Bailey: Thank you. Thomann: Hi, my name is Deanna Thomann and I live at 208 Fairchild Street. Um, and my sister spoke earlier, um, and she told you about our beautiful house, um, that was built in 18...or, yeah, 1876 and I think that was the same year that Custer was out fighting the Indians, so that just seems remarkable to me. But you saw my sister come in with the beautiful photos and the walking stick, and all of that is great and interesting, but I want to tell you, my house is falling apart. Um, you know, it looks great from the outside, um, the flowers are starting to come up. Um, it's kind of hiding some of the things that are happening with my home, um, the foundation is beginning to crumble a little bit. Somebody plastered over the bricks, um, and that plaster is falling off, and the brick is becoming exposed, and I'm thinking that's beautiful brick. Why did they cover over it? Um, there's got to be a way to fix that, um, and to...to maintain it, that brick foundation. Also I have a porch post that's rotting, um, and I wrapped it in plastic for now, because I don't know quite what to do with it. I...I want to make repairs that are historically accurate, that fit the character of the home. And I don't have a lot of money. Um, but I...I really support this proposal because I believe that it will guide me in these repairs and maybe give me the resources to do that. Um, I really want to be able to help my home. Thank you. Bailey: Thank you. Gavronsky: My name is Nathaniel Gavronsky, and I do not reside in the neighborhood currently. I aspire to move there sometime in the near future. If only the streets and the corridors of Iowa City could talk. Not because they are old, or because they are young, because they have character. Character for a lot of people in a lot of different countries is very important. Hailing from the Soviet Union originally, and watching what is transpiring in my...in my country now, a lot of the new buildings, a lot of the skyscrapers, we're losing part of our identity, not the Communist, not the Soviet Union identity, but the identity that we had as...as a people that come long before modern technology. A lot of the buildings, a lot of the temples, a lot of the cathedrals that were knocked down during Stalin's time are now being rebuilt. They're being rebuilt at great cost because it is part of their character, and as part of the identity of the people of the cities. I know that a lot of the houses in the Northside may not be in the best of shape, on the outside or on the inside, but they do have character. And...I fear watching cities across this country as what made them so important and what the lives and the stories of the people who made those cities are being erased. One block at a time. And for the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 35 sake of progress, sake of making more money, or whatever type of excuse you want to make. I feel that this is a shame. We're losing part of our identity when we...when we remove these from our...from our...from our lives. I don't think it'd cost very much to restore many of these homes. I guess there are a lot of grants you can apply for. I have several friends in other towns and communities that have done it themselves. LTh, grants are plentiful and I think it's a community building process, and I think that the community will benefit from it. As far as the character of the Northside, I do want to share with you a story. Igo up to John's Grocery once a week and I eat dinner up there. I buy my food and I go out by the vending machines, standing outside on the corner of Market and Gilbert, and I'll eat. One day last summer just sitting on the stoop, I watched the world's leading expert on the planet Saturn from Austria walk past me. No one else around me would have ever known. A few moments later, a friend of mine from the Czech Republic rides her bike, coming the...from the opposite direction. A few moments later, two women from the...from the People's Republic of China. A few hours later, some people from former Yugoslavia, that of Croatia and Serbia. This part of town has been the home not only of people from Iowa City, but of the world. Not just in the towns of (can't hear), Goosetown, but all over the Northside. Not just the Northside specific district, but all of Iowa City. But this part of Iowa City draws the most because of its character and the way it makes you feel at home. Even if Iowa City is only your home for a short period of time, those four years, maybe longer, the Northside...the cobblestone streets, you feel home. And...coming from a city that has been erased from its...from its character, in the name of the people, and then again in the name of progress, we learn the hard way this is not the way to go, this ripping anything apart and just trying to rebuild and trying to, uh, make everything new or make, you know, all in the sake of progress. When we lose the things that developed our character, we lose our identity, and without our identity, we can no longer be a community, nor would we ever feel at home. Thank you very much. And I'm out of paper so I don't really know how to write down on this but I'll be back. Burford: My name is Helen Burford and I do not live in the Northside. I live outside the area. Thank you very much for letting me speak with you tonight. This place matters is the theme of this year's National Historic Preservation Month, which is this month -May - and I cannot think of a more appropriate way to demonstrate to Council tonight how the Northside matters. You've heard a lot of personal stories tonight, and they matter. You've heard a lot of history tonight, and that matters. I just want to make a few points that you have to consider, um, and you have heard these points before this evening, too, but I think they bear repeating. There's been more than an inkling of concern that our historic neighborhoods be conserved for future generations of Iowa City since the 80's. That's almost 30 years ago. And here we are again tonight, once again, looking forward to protecting these historic resources through the adoption of this historic district. You are well aware that the City's Comprehensive Plan centers around neighborhoods, and as said as its first principle to preserve historic resources and reinvest in older neighborhoods. This principle was set forth in 1997, and in October 2008, which is less than a This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 36 year ago today, the Central District Plan reaffirmed this principle, and set out goals to maintain older neighborhoods. One of the objections as you can see clearly in front of you on that page is to support the Historic Preservation Plan and local district status for the Northside area that you're considering tonight. Preservation of the Northside, the oldest neighborhood in Iowa City, is a matter of being pragmatic, as well as nostalgic. While the older homes and buildings embody the history of the people who began this city, the buildings themselves stand as examples of structural longevity. They embody craftsmanship in materials that have weathered decades of Mother Nature's forces. They stand today because the builders of the past understood the physics of materials and how things work. The Secretary of Interior Standards, which are embodied in the Historic Preservation Guidelines for the City, which is what the historic, uh, district designation would put in place with the...with the Historic Preservation Commission, recognize these principles and rather than ignore how things work, they guide or teach us to respect why things work. I believe Christina mentioned some of these things before. I'm going to repeat 'em again. For example, soft brick made at the old kiln, which is right down on Court Street -was on Court Street -cannot be tuck pointed with Portland cement or synthetic caulk because it will spall, or fail. And the guidelines do not allow wood to be covered with vinyl, aluminum siding because moisture does not move properly through the surface when covered. And moisture is the greatest danger to any property. The guidelines are pragmatic. Recommending repair of a structure rather than replacement, and at this time, for all of this, this is the difference between encouraging consumption of materials versus conservation of resources. That is the cost of maintenance is primarily focused on skilled people who can repair something, hopefully this is focused on local people, and that puts dollars into our local economy, rather than focusing on purchasing new materials to replace something and seeing those dollars leave the community to some national supplier. Economic stability is yet another benefit of designating an area as a historic district. Detailed statistical studies completed in South Carolina, Texas, and New York demonstrate that historic district designation enhances and stabilizes property values, and I brought those studies for you to see. Bailey: (both talking) you need to start concluding. Burford: ...I'll leave them with you so you can review them. This is good for the property owner, as well as the community. Iowa City is no exception. All you have to do is visit Brown Street, Summit Street, East College Street, or the Longfellow Historic District, or even the Rundell Street, Clark Street, or Iowa Avenue Conservation Districts and you will observe a renaissance in older homes from modest bungalows to stately townhouses. Historic preservation guidelines did not hinder this investment. Rather, being in a historic district or conservation district provided a seal of approval for their efforts, and protection from negative externalities. The Northside has long needed this seal of approval and opportunity for reinvestment. It is time for a renaissance of single-family residences, moderate housing, and a walkable community. It is time for Iowa This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 37 City's oldest neighborhood to be considered an asset that attracts University faculty with young families to our neighborhood schools, shopping, and entertainment. It is actually...this is the time it should happen. Thank you. Bailey: Thank you. Walker: I'm Jean Walker and I live at 335 Lucon Drive. It's not in this district, but I've lived in Iowa City for 37 years and I've seen what a destruction of some of the old houses does. It turns what is an attractive, unique quality of the city into something that is just pedestrian and could be any other city, anywhere else. So, um, I'm not going to repeat many of the things that other people have said, with which I heartily agree, but I...we really need to preserve what is unique to Iowa City and join other things that are wonderful about Iowa City, like this City of Literature. We've got all this diversity, so let's have the historic aspect of Iowa City. Thank you. Bailey: Thank you. Capsa: Hi, my name is Walter Kopsa. I own property at 320 and 324 Davenport Street, one since 1982 and one since 1993, I think. Um, you know, I just don't...if there's one word I would use to describe this area over the last 30 years it would be stable. I have seen very little change standing on my front porch, waiting for people to come and rent apartments in the 300 block of Davenport Street over this whole period, and there has not been a historic preservation district in place, and I don't really see why it should be necessary now. Um, I own two properties, one is a contributing property, which is pretty nice four-square home at 320 Davenport Street, and when this thing was put down the last time, I have a finished attic which had very bad, cheap windows in it. I immediately, of course, put good vinyl clad windows in that attic, making it much more efficient. It's something you couldn't even see from the street, but something that if it was in the district, I would not be allowed to do. The property next to that is an older, must have been a commercial building at one time. It has metal siding. It's not particularly attractive, but it's quite functional. That building had terrible, cheap, old wooden windows. And I put vinyl-clad windows into that whole building, way before any of this stuff came up, and I don't know where...I certainly have seen no deterioration in my windows. Those windows seem like they're going to be there and they're going to last for a long time, and again, from the street, you wouldn't really even notice, unless you really looked. They just look like painted windows. You know, a large proportion of the people who own property in this neighborhood have voiced an objection to this. They don't really want to be under it, and I think that should gather... should have some weight in this decision, because I don't really see the need for the historical preservation district, um, except I guess to enforce some people's aesthetic values over others. LTh, as I said before, this neighborhood has been extremely stable, and I think what I said about Davenport Street could probably apply to virtually that whole neighborhood. Maybe one or two buildings have been torn down. I know there was one on Linn This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 38 Street that was not a very good house. It was torn down to make parking, but primarily this whole area has not changed at all, and we have not needed a historic preservation district, uh, to make that happen. So, that's all I have to say. Bailey: Thank you. I've been asked to take a break. I apologize, but we've all been at it for a couple of hours, and so we will be back here at, um, 9:10. (BREAK) Okay, let's get started again. All right. Go ahead. Rush: Uh, my name is Chris Rush. I live on 612 S. Johnson Street. Bailey: Uh, could we have the rest of you...either step out into the hall or cease your conversations. Thank you. Rush: Again, my name is Chris Rush. I live on 612 S. Johnson Street, um, I've lived in the neighborhood in the past so I do have a sort of a sense of its history and its, um, sense of its place and its sense of...I've really appreciated the ability of just knowing that I'm walking in the footsteps of history through that neighborhood, and...and as someone who lives on South Johnson, I cannot convey what an absolute tragedy that neighborhood. As somebody who walks through it every day, and ponders what the fine Victorian homes that must have stood on that block one day, and the gradual encroachment that took that over. Um, a neighborhood is only good as the story it tells, and my neighborhood it tells a story of carelessness, neglect, predatory slumlords, short-sightedness and randomly strewn beer cans. And like I said, that didn't happen overnight. It was, you know, a gradual encroachment that took years, it was years in the making, and that's why I think we need to step up to the plate and put some, and put on the brakes, and protect the Northside for the character that it is. Um, this happened in 84 with Summit Street, and I think in hindsight there are...very few people would say that that was a mistake. I mean, some of the same issues came up before, and I'm sure at that time, but I...you take anybody from out of town and that's probably one of the first neighborhoods you stroll down. I think nobody has any argument that that was...that was a correct and wise decision, and I think this is a good opportunity for you as a Council to, um, to stand up and do the right thing, and I really hope you do. It's just somebody...a young person with a vested interest in the future of Iowa City and somebody who'd really like to stay here. Bailey: Thank you. Slabach: Hi, my name is Nicole Slabach and I'm sorry there was only a page 3 and apparently there's 17 of these, so I wish you well for the rest of the evening. Um, my husband and I own two properties. One of them is a contributing property on, um, Linn Street, and then another one is on Church Street. They weren't showed up here, but they really are really pretty. Um, a couple of things that I wanted to say. Actually, when we were at a coffee s hop and walking here to the meeting tonight we saw a friend of ours, um, and we were talking, asked where we were going, we were talking a little bit about this, and he said, you know what, I just This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 39 found out I was going to remodel my bathroom and put in a bigger window and move some stuff around, and the plumber said you can't do that. You're in a historic district. And he said so I've given up my plumbing plans. So someone who had talked about...I am thrilled that so many people have come to you, but I also know that there are those who it never gets that far because they...the plumber, the electrician, whatever says you can't even do this. Um, the...the other thing that I'm...I guess I just want to plead is, we...I'm so glad you guys went to people's homes and handed them the papers, but there have been times, because we don't live there and I have called and said it needs to come to my house. My tenants are great. They never.. . Bailey: Judith, no, we're not having side conversations. Slabach: So, I...that's my plea...that we never get the mailings or never (both talking) Bailey: Um, would you please address Council. Slabach: Oh! I saw other people addressing so I thought...at different times, so I'm sorry. Um, so that would be helpful. Um, and when they say that, um, most people it won't be involved or won't have to deal...won't have to deal with people, um, because they won't have permits. As a landlord, I often don't have a choice on the things that I fix or don't fix, which is good -you're protecting people's homes, you know, mostly college students and um, young, um, young career folks so I...there's definitely a need for, uh, people to come in and make sure rental permits in all of our houses are up to code, but I don't have a choice if I want to redo my porch, or these things. It will be demanded. Where as somebody else who maybe doesn't have the funds and their porch doesn't look like how they want, they could just decide to let it go, whereas alandlord - I don't have the choices. So, the historic district will be forced on me. The things that they are talking about will be forced on me, because as a landlord I don't have a choice on what things. Do you understand what I'm saying? Am I saying that in a clear way? Okay. Oh... Bailey: We're not having these conversations! All right? She's talking to Council. Let her speak! Slabach: Um, and um, yeah, and the other question that I have is I'm wondering, as some of the others were saying, I...it is frustrating on this end, as well, that it keeps...I...yeah, we have women that live in our houses and love living there, and I love the historic houses. We redo the floors. We do all the things because we also love history and we love how our houses look, and we get better tenants, and we have tenants that live in our houses three and four years, because we do care. So I totally hear these people wanting to have beautiful homes, and I hope they all do it, because it makes the neighborhoods nice, um, but I also do it without having all these things decided and...and this, put this other layer of being told what to do, um, on the properties. So I don't want to sell my house This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 40 because I have, we have tenants...typically people in March will start trying to find places for their, uh, to live in August. We have people calling us in December and November, because they love our house, or because we have been good landlords. So sometimes they feel like...and then meeting this year and then last year, sometimes us landlords get presented as, we just throw together cheap stuff and we don't care, and I do...and although I don't live at my house, I sure am there a lot. Um, just because it's an older home and repairing it, um, and um having tenants. Um, so back to my original point - I'm sorry - so yeah, if there's something we can do to keep this from happening every four years, cause for me I'm fine with how things are, but it is put on me as the person who wants things to stay the same, that I'm the one who has to get all this, come here, propose it and fight for it, which I feel like...yes, if there's anything we can do to keep this from having to happen every four years that would be great, cause like I had to miss my son's first win -good job, Broman, congratulations - um, because of meetings like this and I would prefer...if there's something else we can do to stop this from happening every four years, um, and yes, our houses are in the National Historic District, or whatever that word is, but they don't have all the restrictions and guidelines and an overlay of what you can and can't do, on your house. Um, and my other question is, with vinyl windows, how many of you have vinyl windows in your homes? I'm wondering how many of you live in a historic district and think about that if it were your home being told...what you can and can't do, and most builders nowadays use vinyl windows, um, so...just something. Thank you. Bailey: Thank you. Lake: My name is William Lake and we own the property at 404 and 404 1/2 East Davenport Street. It's an up and a down duplex. Um, it's a key participating property. We have affordable housing right now. Um, the two girls that we have living in there, one upstairs, one downstairs, really enjoy the house. We're trying to keep it that way, uh, we want to keep it that way to the point where we've actually paid the utility bill for them, a $300 utility bill this winter for 'em. Uh, if we're forced as a key participating property to do certain things with that property, I don't know if that could continue. You know? I mean, I think that's a huge issue here, I really do. Um, there's so many things you could talk about, you know, the chimneys that they want to stay. Some of 'em are not even usable anymore. With the PVC piping that they use to pipe the exhaust out the side. So if they're not hooked to a fireplace or something, you're going to put $5,000 into tuck pointing a chimney that is useless? I mean, you still have the hot water heaters, but how long is it going to be before they get piped out with a PVC? I think that's in our future. I think we're looking at a composite wood world right now. You know, I think we're looking at things that...that who knows five years from now what is going to be available. We already know there's no red wood. The cedar that we have is no good, so what are we going to put on these properties to keep 'em up, and how much is it going to cost us? One of the new things now I think it's called Aztec and it's a plastic board, and some people were trimming a bay window with it, and they said they had to be very careful with it This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 41 because it was $100 a board, which wouldn't even be allowed, the way it sounds with all the restrictions. But see, is that what the future is? And then are we going to be forced to use that $100 board to trim out a window? I...I really think these are key issues, uh, and when you're under the gun, you're under the scrutiny of whatever they're going to allow you to do is going to affect your rents, how...how your rents go, and everything else with those properties. Um, I think...I think some of the issues are real...real up in the air too, I mean, everybody thinks in the Northside they're going to tear down a house and put a ten-plex in there or something. They can't do that. Correct? The way it's zoned, they can't do that. And they won't even allow them to do that anymore, so that's kind of like a non-issue type thing. What I'm asking you is please allow me to keep that duplex affordable housing, by my choice. By me having the choice of what to do with it, and what to replace on it. Um, I ask the Council also to remember the fact that 72 properties out of 119 are opposed to this. A 60.5%, uh, also 377,656 square feet, approximately 60%, again are opposed with a...with a notarized letter in, and 55 property owners are opposed, which is probably...approximately about 55.5%. So please, um, look at that and I'll let it go at that. Bailey: Thank you. Lake: Thank you. Scott: Being a Neanderthal man about computers, I don't know what that's sitting here for. My name's Tom Scott, and I bought my first property 412 Fairchild Street in 1971. According to my calculations, I'm the senior speaker or senior member of the speakers tonight. I moved into the north end 38 years ago. I moved into my present home at 419 Fairchild Street in 1976, 33 years ago. I own three properties within a block of each other, 416 Fairchild, 419 Fairchild, and 414 Fairchild. Eternal vigilance is the price of liberty. Power is ever stealing from the many to the few. The hand entrusted with power becomes the necessary enemy of the people. Only by continual oversight can the democrat in office be prevented from hardening into a despot. Only by unintermitted agitation can a people be kept sufficiently awake to principle and not to let liberty be smothered in material prosperity. That is attributed to Wendell Phillips in his speech before the Massachusetts Antislavery Society in Boston, Massachusetts on January 28, 1852. With that...with that admonition, I appear before you tonight to object to this particular designation. Government has responsibilities in neighborhoods. There are two things that are unique to the north end. Alleys and the brick streets. There is another obligation, neighborhood schools. What's the City done in their responsibility with alleys? They were abandoned in the 1970s and as far as the City's concerned, unless you as a property owner are willing to maintain them, they do nothing. Our brick streets, the only brick street rehabbed in the north end in my 40 years is the half block on Church Street in front of the University of Iowa President's home. The neighborhood school, Horace Mann. I think we can legitimately question the School Board's commitment to the older, inner-city This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 42 school. This is not the first time in my 40 years the School Board considered closing these schools, including Horace Mann. (noise on mic) The other areas, enforcement of zoning regulations and housing code. Three properties on my walks in the neighborhood this past winter, one on Linn Street, the front porch was piled two and three bags high with a path to the front door, piled high with trash I should say, with a path to the front door. A property on Church Street had 38 newspapers - DIs, Wall Street Journals and the Advertiser. And I didn't count it during the Christmas holiday break. On my recent walk to Mercy Hospital, 13 newspapers lie in the front of a house on Van Buren Street. The City's grade on streets and alleys is an F. On enforcement, a D-. The School Board, an Incomplete. But it requires eternal vigilance. Why do I bring up these issues? When I served on P&Z, I often repeated this saying, what's good for the goose is good for the gander. The City continually dumps in the form of more and more regulations, rules and requirements, on homeowners and conversely on the good landlords without consistently fulfilling your, meaning the City's, responsibilities. You say it costs money to do these things. I agree. And if you adopt additional restrictive guidelines, rules and regulations, a designation of the north end as a historical district, it will take more City staff time, more City resources, and more City dollars. Let's talk about the cost to the homeowner and the good landlord who takes care of his or her properties. Bailey: Mr. Scott, your time is almost up. Scott: In 19...in 2006 and 2007, I replaced the siding on my house. It had aluminum. I replaced it with aluminum. I rebuilt my front porch, identical to what was there, even using the existing interior windows. I installed a steel roof on my house, garage and carport. I installed steel combination, storm and screens for $83,000. Yes I considered using cement board siding. Had I done that, the cost would have been an additional $50,000. I still own three properties, 416, 419 Fairchild, and the 414 Jefferson. I invite you to drive by any one of those homes. Architecturally they look just as they did when I moved into the neighborhood 38 years ago. The only difference is two have vinyl siding, one has aluminum siding, and one retains the original slate siding. Now, I will tell you tonight that if you as the legislative body for Iowa City would write into the historical designation ordinance that permissibility of using vinyl, aluminum, or steel siding, I would temper my opposition to the historical designation. The purest will never allow it, but unless you want to make 50% of the present homes in my neighborhood non-conforming, you will legislate this change to the historical preservation ordinance before you impose it. I have some other comments, but they can wait. Thank you. Bailey: Thank you. Haler: My name is Chris Vinson Haler and I'm a homeowner on 715 East Market Street, not in the historic district. But I'm here tonight, and I want to thank you for being here. Um, for a very long meeting, and a difficult decision, a very difficult This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 43 decision, very obviously controversial. So, I'd like to just present a, one perspective, of a new homeowner. I came to Iowa City. I wanted to live here because of the historic quality. I would not be a homeowner in this town otherwise. I also have housemates. They are students. My students, I can select. I am very selective with the people who live in my house, and I can afford to be. Because my home is beautiful. It is a historic home, though not in the historic neighborhood, and I am keeping it as it was built. Now, I realize that you have heard arguments, aesthetics, history, economy, the majority...I would just simply ask you to think future. Think future! Because that's really what is at stake. We can have short-term, uh, changes and we will see degradation over time. What every landowner wants to see is appreciation. Appreciation, not depreciation. Now what the historic preservation effort is about is preserving value and increasing it. That is in the interest of even those who oppose this new plan. So, I just would ask you to think along those lines, what is in the best interest of the future of Iowa City, cause that is really what is at stake. Thank you so much. Bailey: Thank you. Clark: Hello. I'm Jeff Clark. I do not live in the immediate historic district, but I do represent some... Bailey: That mic goes out...you look very uncomfortable there. (laughter) Clark: I'll keep this short. Um, you know, everybody has their own choices to make, and right now without having the historic overlay in this area, we can make our own choices with what we want to do. Um, the area looks great, I mean, it looks beautiful. It's a nice area. Um, I live right outside of it actually, um, you know, by putting, uh, another layer of what we can and can't do by having somebody look over it, it takes a lot of time, um, you know, there's...there's afreedom here to do what we want. That's what made those houses. That's what made those neighborhoods initially, and now we're going to take control of them and try to tell people what they can do. Um, you know, I...I can appreciate, uh, the, you know, historic overlay idea, but at this time, I mean, I'm just opposed to it. I mean, 60% of the landowners have opposed this, and uh, I just hope you take that into consideration. Thank you. Bailey: Thank you. Swann: Hi, excuse me, my name is Ginalie Swaim and I right now I'm on the Historic Preservation Commission, and I've lived in Woodlawn Historic District for 25 years. Um, and in 1991 my husband and I came before the district, or before the Commission with, um, some changes that we were proposing and so I've seen the design review process from both sides, as a Commissioner and as a... a applicant, and have found it a healthy, give and take, uh, we got information from the Commission, uh, the staff person, that we would not have had otherwise, and the way we tweaked the plan actually improved it, and I've witnessed this over and This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 44 over on the Commission. Um, I just want to remind everybody about the last two years, how often we celebrated, um, the surviving the tornado, especially on Iowa Avenue, which abuts Woodlawn Historic District, um, that neighborhood, Iowa Avenue, would not look as it does today if it did not have the historic conservation district overlay, um, most of those houses that were damaged quite a bit would have been torn down and something completely different put up, so um, a district not only affects the immediate homes in it, but those adjoining it, as well, but what I really want to talk about very briefly is my experience of living in the...in the Northside neighborhood. Um, it was the first student apartment that I lived in with my friends in 1971. Um, and we loved living there. Most of us had grown up in suburban houses, ranch style houses, and this was our first experience with an old house and most of us choose old houses after that. Um, maybe about ten years later, there was a distressing number of houses in the Northside that were being torn down. And duplexes and quad-plexes put up in place. Um, what was done as I remember it was that a moratorium was placed on the Northside neighborhood. So that no more homes could be torn down, and what that tells me is 30 years ago the City was thinking about what's in that neighborhood that we need to preserve? What are we losing by letting these places get torn down? And at that time the Council and the public, um, spoke on behalf, proactively, of saving what was there, and coming up with better plans, and now we're kind of at the next step of acting proactively, and uh, saving what's there, and preservation is both about looking backward and looking forward, and so um, I encourage you to look forward and...and uh, support this. Thank you. Bailey: Thank you. Eubanks: Hi, um, I'm Lindsay Bunting Eubanks. I'm currently serving as the Chair of the Historic Preservation Commission, and I just wanted to make one point, um, we made our decision based on the historic integrity of the neighborhood. Um, the boundaries we made were based upon it being a National Register boundaries of the National Register Historic District. Unfortunately, being a National Register Historic District is not protected from demolition or significant alterations, and if those things happen, it can be delisted...from that Register. So you in a sense lose that, um, value to the neighborhood, and I do understand all the politics involved. This is a difficult decision, um, but I do feel strongly that, um, we want to make our community beautiful and make it livable, and I feel like this is a green solution to Iowa City's housing needs. Denburg: Good evening. My name is Christine Denburg, and I'm a resident at 1011 Woodlawn Avenue, and my house was hit by the tornado. Um, and thankfully I'm...the house is on the Historic Preservation, and because of the standards that have been mentioned, um, I was able to get, uh, my initial estimate was $35,000 for damages, and by using those standards and the support of Historic Preservation, I was able to get $104,000, and they paid to have the paint stripped on my house. I got repairs done that I would never have been able to have afforded myself, and uh, Helen Burford was...helped me, and I was able to get a This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 45 REAP grant and these are items I would never have been able to afforded myself. And we were thrilled with what happened with the neighborhood. In addition I'm a landlord and I own three properties in the Longfellow neighborhood, and I have found, um, there'd be no problem whatsoever...anything onerous to any of the repairs that I've had to do. The City inspectors have been fabulous. Historic Preservation's been really fabulous. They're willing to work with you; if they ask for a repair you can't necessarily afford that year, they've been willing to give me an extension, and then I've been able to work with them. I've gotten grants for rental properties to help with erosion from the creeks. Um, I've...and the two houses that are available for rent this year, uh, I got them rented in two...in two weeks, with just, uh, signs in the yard, because there is such a demand for people coming to town and wanting to rent quality housing. I've been able to up my rents, ridiculously, because it's in wonderful neighborhoods, and people are willing to pay to be in a quality neighborhood. So, my property values have gone up, so I do pay more in taxes, but I'm making more in rent, and it's been no problem at all! And I do have one rental property on the Northside on Dodge Street, and that's the one with the property value has stagnated, and it hasn't gone up, and I would like that house eventually to be part of a historic preservation district. I think it's a really good thing, and I know that the majority...you have a majority of homeowners or property owners that have signed a petition against this, and you know, I stop and think about, um, that it's not necessarily always that you should base it on the majority of people wanting something. I know probably in the bars here in town when they wanted to change the liquor laws from drinking at 18 to 21, um, I would assume that you would not have had a majority of bar owners that would have supported that. But it was good for the community, and it was the right thing to do, and now people accept it as something that we just all want to do it. The regulations that are required for this I think are sensible and I think everybody's been really good to work with. I think once people experience it, I think they'll be really comfortable with it, and so I just wanted to...to come and support the City inspectors for the rental properties and how great they are, and the Planning Commission and what a wonderful job I think they have done increasing the value, um, of the...the properties in, uh, this area of town. I think they've done a wonderful job and I think you should support their plan to put this as a historic district. Thank you. Bailey: Thank you. Molliston: Hi, my name is Missy Molliston, and I would just like to shed a little light about uh what's it like to have, uh, lived under the regime for 13 years, or I'm sorry, I mean in a neighboring, uh, neighborhood with, uh, the historic district, a neighboring historic district. Bailey: You don't live in the district, Missy? Molliston: No, I don't. I live at 825 N. Gilbert. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 46 Bailey: Thank you. Molliston: Um, my husband and I bought our house in 1996, when it was already in the historic district. We've had nothing but positive experiences since, you know, living in a historic district. I feel like our, my...rights as a property owner have been protected. I would feel like if they lifted the historic district designation, it would...I would feel robbed. Um, I've had two appearances in front of the Historic Preservation Council when I put, once when I put an addition on my house, and once when I changed some windows, and they've both been positive. And, I support, um, the new Northside, Near Northside District overlay, and um, I don't think my opinion of what is valuable to the community or what is valuable to my property, or what is aesthetically pleasing is any less valid than anyone else's. Thank you. Bailey: Thank you. Schabilion: My name's Jeff Schabilion and I don't live in the proposed district area. I agree with just about everybody. Iowa City is a great place to live, and if you got a little survey out and had us list.. . Bailey: Jeff, it'll be easier for us to hear you if you face the microphone. Thank you. Schabilion: Okay. Got a little survey out (mumbled) folks wanted to prioritize. One of the great things about Iowa City, certainly high on that list, would be the historic neighborhoods. They're a resource. They're a City resource. They're not a trivial resource, but they're a irreplaceable resource. Once they're gone, they're gone. Now, um, while I don't live in this proposed area, I do live in a historic district. I live in the Longfellow Historic District and I've bought houses there, two houses, before it ever was a district. I bought houses there when it was a distressed area. An area that was falling into decay. That's why I could afford to buy there actually. Anyway, uh, it became a district and of course I had to meet all the, the rules and regulations that people have been worried about. For me they all turned out to be the least of my problems. I had to deal with the City inspectors with my foundation, my wiring, and all that. There are 10,000 regulations the City puts on every homeowner, no matter where you live. When dealing with historic preservation issues like window replacement, when I brought this up it was suggested to me that why don't I just repair the ones that are there. That proved to save me thousands and thousands and thousands of dollars. It's a different mindset when you think about conserving, preserving, and (coughing, unable to hear) what's there. I've appeared before the Historic Preservation on several commissions on several occasions. They've always been helpful. I've not found them obstructive in any way. So I...I don't understand this. The other thing I don't understand is that many of Iowa City's outstanding neighborhoods are historic districts. And I presume you don't have lines and lines of people standing up and complaining about how horrible it is to live in a historic district. If the Northside, the Near Northside was made a historic district, I can't believe but it This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 47 would also benefit. It will stabilize the area. It would enhance property values, and if some of the owners there would have a slight change in their mindset, it might actually save them quite a lot of money, rather than just ripping things out and putting new things in, thinking about repairing things. So...thank you. Bailey: Thank you. Howell: I'm Perry Howell, 317 Fairchild Street, which is in the proposed district. Um, I just wanted to, for one, thank you guys for putting up with this whole evening. I really appreciate that. Uh, the other is, uh, just to say I feel like that tonight has really, um, we've got a choice of sort of two visions of our neighborhood, and of Iowa City, um, one that is extremely focused on the individual, and the other that is more toward community building, and I feel like that the, um, historic district, um, will definitely support community building, and for that reason alone, is worth your support. Um, there are other things I was, uh, considering being a hatchet man tonight and trying to correct misperceptions. I think that, um, there's been a lot of debate on both sides about that. I just wanted to let you guys know I took the picture of the frolicking students that was, when they were tossing the football. They live right next door to us, um, when we were taking that picture, we went and asked them can we take your picture. We need quality students for our presentation tonight. Um, they...they started talking to us about how much they like living in the neighborhood, and they were talking about how they're going to have to move out of that house, but two of them that are going to still live, uh, outside the dorms said that they found another house in the Northside, because they like it so much, and really what the neighborhood that flaunts the historic district, the, uh, the people that live there, uh, we really want to preserve that mix of people. That's really our main goal. That's all I want to say. Good luck with your decisions too. Bailey: Thank you. Kane: Good evening. My name's Tom Kane and I own two properties in the district, 615 N. Linn and 620 N. Linn, and I would say that all of the properties combined aren't worth the reduction or the erosion of the idea of property rights, private property rights, and the idea that you can control rent, renters, by controlling the exterior of a house is to me there's something kind of... something's not right about that, uh, if the renters in the area knew, you know, what was being manipulated, they'd be here in objection to that. Thank you. Bailey: Thank you. Public hearing is closed (bangs gavel). Karr: Motion to accept correspondence. Wilburn: So moved. Wright: Second. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 48 Bailey: Moved by Wilburn, seconded by Wright. Um, all those in favor say aye. Those opposed same sign. Motion carries. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Wilburn.: I move first consideration of the ordinance. Bailey: Moved by Wilburn. Champion: Second. Bailey: Seconded by Champion. Discussion? Champion: Well, I just want to respond to a few things that people said. We're not trying to control renters. I live in a historic district, and we have lots of renters. I live on Summit Street. It's a very strong mix of single-family housing and also...and also renters. Um, I feel very strong about historic preservation. Um, I'm certainly going to support this. It will only help your neighborhood. It will only help your ability to rent your houses also. It's a very positive thing. I have to admit that I would not have bought my house if Summit Street had not been designated a historic district. Um, Summit Street was being encroached by buildings being torn down and, um, modern brick apartment buildings put up there, and historic preservation saved Summit Street. It also saved the Longfellow neighborhood because when Summit Street started improving, Clark Street started improving and then the next street started improving, and now we see with the, uh, historic overlay that Dodge Street is improving, Davenport is improving, um, it's an improvement for neighborhoods. I've been on Historic Preservation Commission. I've built a garage, I've repaired my porch, I've repaired my chimney, I've been in front of the Historic Preservation several times. You know, how difficult it was to get a permit to repair my porch, my contractor said it will look just the way it is now. That was how simple it was! Um, it's not a big deal. It's beneficial to you, and to your neighborhood. I've also put an addition on my house, um, it was not...it was not a big problem. I never even had to go back twice. So if you just think about what you're doing, it's not a big deal. I love it! I think it's a great asset for our older neighborhoods, and I will definitely support it. I could not be talked out of it, actually. (laughter) Wright: Well, I have to agree with that. I couldn't be talked out of supporting this either, Connie. Uh, as Council Members, one of the most important things that we can do is take the long view. The long view of what's going to happen to the Northside District in ten years, 20 years, 50 years, 100 years... Champion: Maybe five! Wright: Hum? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Champion: Maybe five. Page 49 Wright: Maybe five! Um, in some respects, houses can be considered sort of the ultimate public works project. Houses and residential areas define a community. Um, I've heard the Members of the City Council refer for years about the, refer to the historic northside, uh...and it is certainly historic neighborhood, it's very much a neighborhood worth protecting. And I think it's up to us at this point to do something for the future, and for the next generation. Uh, we heard time and again this evening that our Comprehensive Plan talks about the importance of stabilizing older neighborhoods, uh, the Central District Plan, which this Council adopted, talks specifically, uh, about preserving historic resources, reinvesting in historic neighborhoods, older neighborhoods, uh, and specifically talks about the Northside neighborhood, uh, being one area that is in need of historic preservation. This is also the Council that passed the Historic Preservation Plan that is currently, uh, being used by staff, and that plan as well, discussed the need for historic preservation in the Northside neighborhood. Uh, you know, unless those votes were meaningless, I don't see how we could not support this historic district status, um, we have ample evidence that historic preservation makes sense, both in the near and in the long-terms. It will provide a stable, uh, environment in the Northside and it's going to ensure the future of the neighborhood, and the future of (mumbled) schools, and these are intertwined. Um, absolutely worth supporting. I'm...I'm honored to be able to vote in favor of this. Hayek: Um, this is clearly a complex issue. This maybe the longest anyone has commented on an issue in the time I've been on Council. This opposition of many property owners, uh, the proposed district, that, uh, that...that's obviously weights into our decision, and it does represent an expansion of the City's regulatory powers, uh, over those properties. Um, I have spent hours studying this information, uh, as have you all sitting up here, and uh, many of you have spent hours as well on this issue. I live in a historic district. I own rental property in a historic district. Uh, my family owns rental properties in several historic districts throughout the community. I understand some of the challenges, uh, faced by property owners when it comes to dealing with historic preservation in connection with their properties. Um, one of my concerns about historic preservation is that it sometimes places form over function, um, it's simply not the case that all housing constructed 75 years ago was designed or built well, um, when the defective design of roof lines, for example, threatens the long-term health of a structure, I think historic preservation should permit a reasonable fix, um, likewise, we live in increasingly green-focused society, and Iowa City is no exception, and we are shifting our operations to be more efficient and to make less of an impact on the environment. And old houses are quintessentially green, uh, in that the materials are already in place, uh, and that the infrastructure that supports those houses is already in place, and that people live close to transit. Um, but...and, in fact, smart growth, uh, methods as a planning method, uh, are This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 50 embodied in older neighborhoods and...in the core of a community. Um, but energy costs are going up, and older homes were not built with anything close to the efficiency of today's homes, and when reasonable environmental upgrades are called for, such as insulating a home with a practically unnoticeable bump-out of the home's exterior, I think historic preservation should permit a reasonable fix. I think for this Council to be consistent with respecting environmental issues, we need to help people make their homes more efficient, and I think the present set of historic preservation rules could use improvement in that regard. But not withstanding these concerns, I sti11...I think on balance this proposed district is good for the community. Um, it has been pointed out before, is consistent with our Comprehensive Plan, which was enacted in 1997. It's consistent with our Central District Plan, which this body voted for unanimously last fall. It's consistent with the Historic Preservation Plan with this...which this body approved in March of 08 unanimously. Uh, and in fact, those very documents, uh, call for this area in question to be considered for historic protection. Historic preservation, in my estimation, is an imperfect tool. I worry about placing form over function. I worry about creating disincentives to investment of property. I don't think it's appropriate for all neighborhoods throughout the community, even those, uh, that have a significant amount of historic structures. Um, and I don't think it necessarily tackles some of the problems, uh, cited by the proponents - overloaded apartment houses, uh, poor management by absentee landlords. Those, uh, are issues that...that require different approaches. Um, but on balance I think historic preservation is right for this neighborhood. I think...I believe it will, uh, stabilize and preserve this neighborhood. I believe it will bring added value to the neighborhood, in terms of, uh, the tax base, um, I think it will help fuel the development of the near-north commercial district, and of downtown generally. Um, and I think it makes sense as a smart growth, uh, planning tool. Um, now, I'm going to support this, but I want this Council to examine the current regulations in place, with a view toward making them more reasonable and more reflective of the living and environmental realities, uh, of today. Um, I don't think that's inconsistent with historic preservation. I think it actually helps historic preservation, and I think ifll help century-old homes persevere for another century, um, to recognize uh, that times have changed, but on balance after a lot of thought, and I did not come to this lightly. I think the overall benefit to the community supports this. O'Donnell: I don't think that anybody has taken this item lightly. Um, I've heard opponents used tonight. I've heard predatory slumlords used tonight. I've heard you can up rents ridiculously. Yeah, I didn't...I didn't come to town five, ten, fifteen years ago. I was born and raised in this town, and I've not noticed a great deal of change in the Northside. Many of my friends lived in the northside. Um, I've also heard tonight that many people don't live in their property. I didn't know you gave up individual property rights if you didn't live in the property. This is...this is very stable, uh, we've heard it has the support of, it obviously has the support of many neighbors, as well as staff, as well as the, um, Historic Preservation Commission. The one thing it's lacking is it does not have the support of the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sa Page 51 majority of the property owners in the area, and that's very important to me. That's individual property rights, so I...I'm not going to support this tonight for that reason. Wilburn: Historic preservation is not a phenomenon unique to Iowa City, nor the state nor the country. It is about looking back and recognizing the value that you might take into the future. (noise on mic) pointed out some of the, um, economic development, uh, contributions people recognize this neighborhood. They recognize some of the neighborhoods in our community. I hear that across the state. I hear it in the region. I hear it across the country. I...I heard people when I was in California and Vermont this past year talking about, uh, some of our older neighborhoods. Um, individual property rights, I don't take lightly. There are also some things unique to a community and unique to us as a people that, um, are a value and provide a benefit to the community, and um, I think that this type of effort, I've supported it in the past because, um, as was just stated, that um, there...there is a benefit, a value, to the community as a whole, um, and I've supported, um, I've supported these in the past, and if this area is not a historic, uh, district, I don't know...I don't know what is. In terms of reexamining some of the, uh, guidelines that we have in place, uh, you know, reasonable is a very subjective term. We've seen here tonight that reasonable people can disagree, um, I don't disagree that, um...this Council's made statements about being green, but I think it's also, um, I don't think historic preservation negates that. I think it's, we're looking at, uh, at balance, and balance is a critical term that...that is, um, that we as a council have to look, uh, community-wide. And, um, yeah, that's enough talking. Let's...move on (mumbled) Correia: I will also be supporting the, um, matter. Um, it's consistent as other people have already said, and given the late hour, it's consistent with our Historic Preservation Plan, our Central District Plan. It is in place in other neighborhoods and we've also heard that it does not affect, um, negatively affect, um, affordable housing issues, and we have very, uh, diverse neighborhoods with all, um, walks of life, um, people at all different economic situations living in historic neighborhoods, living in this neighborhood. I do not see that changing, um, with proceeding on this matter, so I will be supporting, uh, rezoning. Bailey: I will be supporting this, as well. Um, my colleagues have mentioned all the reasons that this is very consistent with, uh, what our...our documents say, our Central District Plan, but I think also critical, and I think to many of us up here, is that sense of place that our historic districts and our historic neighborhoods provide to this community, and that's not only an economic benefit. That's a benefit to every one of us every day. It's the, you know, it's the ephemeral quality of life that we...we speak about and we hear people as Ross said across the country talking about when they talk about Iowa City, and as...as has been said, if this isn't a historic district, I don't know what is, and so I'm happy to support this. Any further discussion? Roll call. Item 6-1, O'Donnell voting in the negative. Thank you all for staying this long. I appreciate it! (applause) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 52 ITEM 5. PLANNING AND ZONING MATTERS. b) AMENDING TITLE 14, ZONING, ESTABLISHING DEFINITIONS AND A USE CLASSIFICATION PROCEDURE FOR DRINHING ESTABLISHMENTS AND ALCOHOL SALES-ORIENTED RETAIL USES AND ESTABLISHING MINIMUM SPACING REQUIREMENTS FOR DRINHING ESTABLISHMENTS THROUGHOUT THE CITY AND FOR ALCOHOL-SALES ORIENTED RETAIL USES IN THE CENTRAL BUSINESS SERVICE (CB-2), CENTRAL BUSINESS SUPPORT (CB-5), AND CENTRAL BUSINESS (CB-10) ZONES. 1. PUBLIC HEARING Bailey: Would you please, uh, hold your voices down on the way out. We still have other items to get on with. (continues reading item) This is a public hearing. (bangs gavel) The public hearing is open, and first we will hear the staff report. Howard: Thank you. I'm, uh, Karen Howard, uh, the Planning staff. Uh, I'd like to take some time to explain, uh, the measure that's...measures that are before you tonight on this matter. Um, you gave, uh, the Planning and Zoning Commission and staff some direction, uh, after a previous discussion about this issue, um, the goal that you set forth was to help reduce, prevent the concentration of bars and liquor stores in the community, particularly in the downtown area. Uh, you asked us to draft some regulations that would require a minimum separation between these types of uses. Uh, there's a number of goals and policies in, um, in the Comprehensive Plan, in our zoning ordinance, and also in the recent downtown market study that support, um, adopting some regulations in this regard, and the Planning and Zoning Commission took quite a bit of time, three meetings, to consider all these issues. Um, we...uh, they looked at not only the health and safety issues, um, involved with this, but also the land use issues with the diversity of businesses and the types of uses in the downtown area. As, um, just an indication of what has occurred in the downtown area, this is a chart here that shows the increase in the Class C liquor licenses issued in the CB-10 zone, which is the downtown proper, um, it's increased, uh, approximately 50% in the last ten years, the number of liquor licenses issued. So we do have a concentration in the downtown area. The Planning and Zoning Commission looked at this, and um, has recommended establishing a minimum 500 foot separation between, uh, new drinking establishments, and establishing a minimum 1,000 foot separation between alcohol sales oriented uses, uh, these uses would be, uh, liquor stores and convenience stores that sell a significant amount of alcohol, um and that recommendation is to...in just the Central Business zones. In order to do this, and we've grappled with this before, is how to define and distinguish a...a bar from other types of uses, such as restaurants and bowling alleys and theaters that have liquor licenses, but um, whose business is not, uh, primarily, um, alcohol sales oriented. Um, so to do that, we have defined in this proposal a drinking establishment as an establishment where the principle activity is the preparation, dispensing, and consumption of food and/or beverages, and they've been issued a This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 53 liquor license by the State, for on-site consumption, and this establishment is open on a regular basis, any time between the hours of 12:00 A.M. and 2:00 A.M. So what this does by defining drinking establishments is it does not affect other types of uses that have, happen to have a liquor license, such as restaurants that have a liquor license, but are not open after midnight would not be affected by these regulations, theaters, bowling alleys, and other similar recreational uses, where the principle activity is not eating and drinking. LTh, hotels and motels have a different type of, uh, liquor license, and those would not be affected, uh, also if they have a restaurant or a bar that's associated with the hotel or motel. Um, for all these types of uses, the alcohol sales would be considered accessory to the, a different principle use of the property, so would not be affected by these separation requirements. And moving on to, um, liquor stores, and other types of uses where they sell for off-premise sales. Um, we've created definition, um, that any retail establishment has been issued a Class E liquor license or a wine or beer permit that allows sale of alcohol or alcoholic beverages in closed containers for off-premise consumption would be classified as an alcohol sales oriented retail use, and in the downtown zones, the CB-2, CB-5, and CB-10 zones, then would be required to be separated by 1,000 feet. Um, if a business that sells alcohol, such as a...a large grocery store, if they can show that their sales are significantly for other types of goods, um, their sales for alcohol is less than 25% of their gross yearly income, then they would qualify for an exemption from this standard. With regard to, um, existing businesses, existing bars and liquor stores, of course these would be grandfathered in. They would be considered legally non- conforming and they may continue, um, and maybe sold to new owners over time for as long as, um, they continue in that particular use. Um, if...if they do lose their non-conforming rights, um, they of course would have to convert to a conforming use, and there maybe questions about this. There was quite a big of discussion at the Planning and Zoning Commission about, uh, non-conforming rights. And if you have questions I can go into that further. Just some illustrations of how these separation requirements would work. Um, here's some illustrations of the downtown area. The blue outline here outlines the CB zones downtown, the CB-10 proper. This is the Northside Market Place along Market Street, um, Burlington Street here, uh, the downtown area. These illustrate a 1,000 foot from existing what would be considered alcohol sales oriented uses, liquor stores. As you can see, that would cover the entire downtown area. So unless one of the places would close, uh, another establishment would not be able to be opened in this area. Here's an illustration of the existing, uh, bars. The Class C liquor licenses. As you can see the 500 foot separation requirement, there's quite a...a spiral graph here of...of what we have downtown existing today. These would all be grandfathered in, um, but obviously would cover the entire downtown area. There was, um, so...while these regulations will not affect in the short-term the existing businesses downtown, there is a concern that as the downtown grows, um, and expands its boundaries, particularly south of Burlington Street, um, and new buildings are built with ground floor retail space, um, there's a concern of this concentration continuing south of Burlington Street, and this is just an illustration of...of, along Gilbert Street, the green here are, um, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 54 liquor stores, and the red stars indicate places that have Class C liquor licenses. So, there is some concern. These orange buildings are new or proposed buildings, um, that will be built in the near future, and the concern is...is how...how, what kind of concentration, um, what kind of reasonable regulation should be allowed as we continue to expand the downtown area. So that's all I have for you tonight. If you have questions... Bailey: Any questions for Karen? All right. Thank you, Karen. Gavronsky : Hello, Nathaniel Gavronsky back again, as I said, I am 100% in favor of this provisionally. What I mean by provisionally is, I don't like seeing every new building have a brand new bar in it. It drives me nuts. I...I, the, the former Mayor of Iowa City had a luggage store that is, uh, now a bar. It was a coffee shop. Every new building, every thing is surround...is a new bar. I don't think this ordinance should be passed in order to curb binge drinking. I don't think that that goal will be achieved by this, by this ordinance. What I would really like to see done before this ordinance is passed and yes, I do hope this ordinance is passed quickly, is I want to see something done by the City to bring white collar businesses, bring other types of commerce to this area, because right now most of Iowa City is white collar jobs -not all of'em - but a majority of Iowa City itself, all white collar jobs are through the University, and the University itself, you know, it's great and it's what made Iowa City what it is. In a way it's also a cancer to where if you were not of the highly educated elite, uh, it's not that easy to get some of those jobs that the University offers, and if they're having a hiring freeze, good luck! I would really like to see in some of these new buildings something brought in, you know, some type of, you know, grant or something, some incentives, that the City brings in to bring other businesses to town. If we were, if the City was able to bring in these incentives to bring in these other types of white collar jobs, there wouldn't be any more room...there wouldn't be any room for new bars to open in the first place. I...I...I can't...I've lived in Iowa City since 2002, and I have lived on Gilbert Street for the, with the exception of two years, and every month there's been a new bar. One bar has been shut down and then renamed and then new management, shut down renamed new management, three or four times. That building has...has many other uses for different types of businesses and commerce, if we could bring them here. My concern is, if we pass this ordinance before we bring, have a set way of bringing other types of businesses, the good landlords that own these buildings are going to have a hard time finding someone who can afford the rent because the landlords, in order to maintain the buildings, are going to have to have a business that's going to be able to afford that rent, and I'm...I don't have any really good ideas that you could bring, for the incentives. You guys are wiser than I am when it comes to this type of stuff. That's, I...that's a concern that I have that if we go through with this, without fully thinking it through as far as what we need to do before this ordinance is passed, that we're going to run into other problems down the line. If we bring in the high paying white collar jobs, other than the University, bring in companies who can pay their workers to be able to pay higher rents. All right? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 55 And the, those types of businesses themselves can put pressure on the bar owners, and the (mumbled) limiting the amount of alcohol that's being consumed. Cities that try to pass these types of regulations and governments that try to pass these regulations don't necessarily work the way they're intended. I think that private businesses that come in successfully and are able to survive through some type of incentives or something else that you...we can develop, will be able themselves be able without, not necessarily needing an ordinance, be able to limit the number of bars that open and I think if we're successful that some of the bars that are currently existing would be replaced by businesses that will have a much better impact on our community than what we have now. And I...I (mumbled) 1,000 feet, I think the ordinance should be city-wide. We don't need any more bars! We don't! And I think most of the people here, younger or older, would agree. The bar owners should definitely agree with this, cause it's less competition for them. The liquor stores should also agree with this. Less competition for them. This is a positive barrier for Iowa City, but we need desperately to diversify the businesses that we bring in. And that's my major concern. If we can do that, I want this ordinance passed tonight. If we can't...it won't work. Thank you. Bailey: Thank you. Hansen: Hi, my name is Sarah Hansen. I am the Associate Director of the UI Student Health Service, and I first of all thank you for your stamina...tonight. I am very briefly going to go over a couple of sites that I covered with the Planning and Zoning Commission, just to provide you some background of the research, what's out there. It's a very broad research base of the relationship between outlet density, consumption of alcohol, and consequences related to that. Research has typically looked at one of two things -snapshots in time, so Iowa City in 1993, how many outlets are there, what's the alcohol use or what are the consumptions like, and ask the question whether consumption or consequences are higher in certain places where density is higher, and the answer to that question is yes. The other question that research has asked is whether those changes, um, occur together over time, so as density increases in a community, do consequences and consumption increase along with that. And the answer to that question is yes, as well. There's actually a lot of studies that show that consumption is higher. This makes some sense from a...from a logic perspective, that consumption is going to be higher where there are more outlets, but Iowa City has been studied specifically as a college town, and has been found, um, that our folks in our community have heavier drinking, more frequent drinking, more negative consequences, and that that is related to the density. It's not just related to the individuals or the decisions that they're making. Alcohol outlet density has also been associated with higher consumption among teens, um, so the younger population. Probably the strongest relationship in the literature though is between alcohol outlet density and violence or crime, and this is a very strong, positive relationship. Communities that have more outlets have more crime, have more violence, have more assaults. This has been studied in many, many ways at the census level, at the zip code level, at the street block level, at the neighborhood This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 56 level, and the relationship is consistent across all of that research, showing that wetter neighborhoods, so to speak, have more of the types of negative consequences that we've seen recently, uh, in the media. This is a little bit more specific data, to give you some examples of how that density looks in communities, around the size of Iowa City. In L.A. County they looked at all communities over 10,000 and found that for a community of about 50,000 each additional alcohol outlet that was added to that community was associated with almost three and a half more assaults per year. A similar, uh, study that studied all kinds of crime, from very petty crimes to very serious crimes in Cleveland found that on a city block level each outlet added between three and four, um, additional crimes, per outlet, per block, per year. Finally a study in California, um, and there are many others like these, but these are several examples, looked at hospitalizations, um, alcohol-related hospitalizations and again, extrapolating this to a population of about 50,000, we'd be looking at per outlet added to a community about two and a half, just under two and a half, more alcohol-related hospital admissions, per outlet, per year. So that relationship is very strong. Certainly you've seen, um, and you're focused on looking at the complexion of the community as a whole, and the research also shows that high density does change the complexion. It changes the overall community. Um, so that's...that's kind of the themes of the research. A lot of my work is focused on what's best practice, and what the research-based strategies are that are out there. So we looked at things like the NIAA, the Centers for Disease Control. They do list, um, regulating outlet density as a recommended strategy for addressing high-risk and overconsumption within a community. What we don't yet know is exactly what improvements communities can see, um, you know, we can't predict that there would be X percent less of...of certain things as a result of changing density, but what the research clearly shows is that it's going to mitigate it getting any worse. With that being said, I have a colleague who's going to cover a couple quick slides too. Thank you. Bailey: Thank you. Figlock: Good evening. I'm Dana Figlock, and I'm a Graduate Student here at the University. Um, these next few slides are from research that I conducted a few years ago as part of my Master's thesis. I was interested in whether various environmental and contextual factors, specific to Iowa City, would be associated with the observed high drinking rates among University of Iowa students. And one of those factors was alcohol outlet density, and this is the slide that you saw beginning of this, um, discussion, except mine goes back to about 1983 because of some liquor license changes at that time, but of course again just documenting the increase in the Class C liquor licenses in CB-10, between 1983 to 2005, and of course we now know that those numbers are you know close to 55, so there's been a very steep increase over that 22 year period that's shown there. But of course what I was really interested in was whether this was associated with an increase in binge drinking among students. Now it was impossible to go back and actually find out how much students drank for each of those years, you know, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 57 retrospectively, but what was available to me were alcohol-related violations through the Iowa City Police Department and the campus police, and so I used those as a proxy for student drinking. Now as you know, binge drinking rates among students are about 70%, uh, of students report binge drinking in the past month. But only about 10% of those students ever have an interaction with campus or city police. So this is most definitely an underestimate; it's a very conservative estimate, that as you can see in the next slide, um, indeed that increase in the liquor license holders is met with an increase in alcohol-related violations. So public intoxication, liquor law violations, and PAULA is subsumed by that broader topic, and then the, um, OWI violations. Now surely there are multiple things that, you know, contributed to this increase, particularly the steep increase about 1997, it might be increased enforcement, various other factors, but this is a significant correlation between the liquor law licenses and violations, and that's what I wanted to demonstrate with this slide. Bailey: Thank you. Nathan: I'm, uh, Peter Nathan, Emeritus Professor. I just want to, um, show you some data from Iowa City. These are data that, uh, have to do with describe the behavior of University of Iowa students, and the point that, uh, I think is important to make is that consumption plays the major role in determining consequences. So to the extent that a student is not anon-binge drinker, but a binge drinker, uh, certain consequences occur that, uh, affect the student and affect the community. Uh, binge drinkers at the University of Iowa, 16% get in trouble with the police...report getting in trouble with the police over the last two...two week period, 27% injured or hurt, 22% damaged property, 52% forgot where they are or what they're doing. If you compare them to the national sample, which is on the right, you can see the profound difference between University of Iowa students and the students in the national sample. The difference is accounted for by the fact that the University of Iowa students drink a lot more, and meet criteria for binge drinking to a much greater extent. So it is consumption and then it's consequences. It's density first, consumption increases with density, and consequences, in particular violence and problems with the law, individual problems with students. So, I want to make the final point, the point is often made that well, we're not any different from other communities or other college communities. We are different. We have among the highest rates of binge drinking and frequent binge drinking in the country. It's probably no more than five or six other universities which can, uh, meet that dubious claim. LJh, we all realize that drinking and experimentation with alcohol, uh, are aspects of the maturation process. Virtually every college campus in the country is trying to deal with this problem, but we have a profound problem, and it's different in many ways from other places. So it seems to me that we've got to begin somewhere, uh, and one of the places to begin is to be concerned with density, cause density affects consumption, and consumption affects consequences, including violence. Thank you very much. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Bailey: Thank you. Page 58 Pelc: Hi, my name is Greg Pelc and I'm an Undergraduate Student here at the University, and I don't have any statistics or anything with me tonight, but I just want my presence here to show that, uh, undergraduate students are concerned about this issue, and um, I'm glad to see that the City Council recognizing and taking the first initial steps to address this issue, and just the idea that downtown has so many bars, uh, so many alcohol institutions, or establishments, um, and it'd be nice to be able to go down there and see, um, on a Saturday night, maybe 10, 11:00 at night and not see so many people down there just for bars, but to have other opportunities, and I just ask for this first passing of this, uh, this, uh, first.. . Wright: Ordinance (several commenting) Champion: You're doing fine! Pelc: Thank you, and uh, that you continue to move on and uh, look for further, um, interventions, seeing what you can do to address the issue of alcohol consumption. Thank you. Bailey: Thank you. Fidelis: I'm Libris Fidelis again from uh downtown Iowa City. Um, I already addressed the Planning and Zoning Commission on this, and I made several points, which I'll briefly mention just a couple of them. LTh, the first point is that, um, when you have a high density in downtown you have people who do what is called bar crawling. They go from one bar to the other and just two weeks ago I saw t-shirts being sold in the Ped Mall that said, "First Annual Ped Mall Bar Crawl," and that just turned me off so much. I couldn't believe anybody would try to do something to promote that kind of an attitude. So if you have less density, yeah, there's going to be more drinking that's going to continue, but it's going to be more spread out, and they're not going to have the attitude of, well, let's go couple blocks down the street and go to another bar or let's go two stores down and go to another bar or something like that. That will come to an end. They may have to go for a distance, but they're going to pick a certain place to go and I...I don't think they'll be quite as inclined to continue. The other thing is, uh, what do we want to be known for? Um, the University itself has expressed its opinion that it is not in its best interest to have students get drunk. Well, you know, scientific, uh, statistics have shown that when you are an alcoholic or when you, uh, regularly use alcohol, you are ruining your brain cells, and these often times not just get diminished at a certain, uh, local period of time, but it goes on throughout the rest of their life. Uh, you can ruin your kidneys, your liver, and so forth. Um, what we are promoting now with having so many bars is ruining people's health permanently. And this is the most productive time of these kids life. I don't like to use the term kids cause there's a lot of older adults that go to the University as well. What they are doing is harming their future because their grade point makes This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 59 a big difference in their future. And they don't see that yet. But when we start promoting the idea of let's have a downtown bar area, and let's have all these people come down here and get drunk, what we're saying is let's help to, uh, contribute to delinquency, to violence, to, uh, to a lower lifestyle in the future because this will come back to haunt them. So we have a responsibility not to encourage that. And personally I would like to see in the downtown area from about, uh, Court Street to about Market Street, and from the, uh, Pentacrest down to Gilbert Street, a requirement that any establishment that distributes alcohol to be consumed on the property must also sell food, and I don't mean nachos and cheese, I mean you get a burger, get something to go with it. Um, because the idea of coming downtown to get drunk and then going and raising hell is very prominent, and we know that's going on right now. I think there'd be a lot less of it if we had an ordinance that says in the downtown area if you're going to drink alcohol on the premises that you also have to buy food. Thank you. Bailey: Thank you. Jennings: My name is Will Jennings. I live at 311 Fairchild Street. iJh, I come to speak to this issue as someone who has taught at the University for close to, um, 15 years now, working with first year students in Rhetoric classes, um, and in non-fiction writing classes, so I see students at the beginning of their career, often when binge drinking is, um, the percentage is probably higher, um, perhaps some of them grow out of it. They...their behavior patterns change. Um, I just want to echo Dr. Nathan's, um, points that density, um, combined with access creates something of a destination, that the entertainment itself is, you know, if there's a socialization action always it's going to be popular with people of that age group, right? Um, and we hear this, that there's nothing else to do in Iowa City, but drink, therefore we drink because there's nothing else to do in Iowa City. That sort of circular argument that goes round and round and round. Somewhere at some point when you have something with a drinking problem as profound as the University of Iowa does, and as Iowa City does, someone has to step up and say, "This stops!" You've been faced with two very difficult decisions on zoning and regulation. These are not perfect ways to address changes. But they are one of the ways that these can be addressed, and one of the problems we have with density and access is promoting the downtown of Iowa City as a destination, where the entertainment is the binge drinking itself, um, and I think there are many other complex, um, and complicated, um, issues to take up with this, but I think this is a start, and I think it's worthwhile to support it. Thank you. Bailey: Thank you. (unable to hear person in audience) You have to speak to the mic. Gavronsky: Uh, my first question is, has there ever been another issue that everyone spoke in favor for? And my second question is, is it actually possible to put the food requirement into the ordinance? Would that be...would that be possible? Thanks. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 60 Bailey: Thank you. We can address that in discussion. Others wishing to speak at the public hearing? Public hearing is closed. (bangs gavel) Karr: Motion to accept correspondence. Wilburn: Moved to accept correspondence. Bailey: Moved by Wilburn. Hayek: Second. Bailey: Seconded by Hayek. All those in favor say aye. Those opposed same sign. Motion carries. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Wilburn: Move first consideration of the ordinance. Bailey: Moved by Wilburn. Wright: Second. Bailey: Seconded by Wright. Discussion? There was a question about the food, um, the food requirements that...(several talking). That's a market question, right? Dilkes: I...yes. (laughter) That would be very problematic. O'Donnell: Is there a misconception out there that this is going to reduce the number of bars downtown? You know, this is primarily for new bars. Every bar downtown is going to be grandfathered in. Um, L ..I really, you know, you're not going to see a drastic reduction, uh, as we move south, you know, this will take place, but uh, you know, it...it's really, I don't know if everybody's thinking they're going to go downtown tomorrow and have 25 less bars. That's not going to happen! Wright: I wish it was going to happen! O'Donnell: Well, but it won't, Michael, and you know it. Champion: ...while before bars all to get (several talking) Wright: It's going to be a long time recovering the balance in the downtown, uh, area, but I do think it's time that we need to say enough. Champion: You know, I'm going to...I'm going to support this ordinance. I think it has some basic good points. I don't think it's going to address the problem that I've been dealing with on this City Council for 11 and a half yeas almost, and that is This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 61 overconsumption of alcohol, and overserving of alcohol downtown. And I can't tell you how many times we've talked about a 21-ordinance, and bar owners have promised to do, promised they'd do that, promising that. I'm frankly tired of bar owners making promises that aren't kept. The amount of violence related to our downtown right now is directly related to alcohol consumption, and most of it has been minors. Most of the violence has been with minors. The police report tells you that. I'm also on the jail committee, whatever you want to call it, the number of percentage of people in our jail with alcohol and drug-related problems is unbelievable. If we didn't jail people for alcohol and...I'm not talking about students being arrested for public intox. They're only there for a few hours. I'm talking about people who commit violent crimes because of alcohol and drugs. I think this problem is much too deep, uh, than too many bars downtown. I...I think, I'm ready...I really hate to say this, I don't want any phone calls. I am ready to tackle 21 again. I think I'm going to support it. I am tired of not supporting it. And I've always kind of been the...the fourth vote. Wright: You did this last time! Champion: I know! I know! But I... O'Donnell: (mumbled) no! Champion: I know! But you know what? Eleven and a half years dealing with it, I'm done with it! I'm done with it! I'm tired of the violence. I'm tired of the drunk kids. I'm tired of the drunk adults. And to me it's irresponsible bar ownership. I love to drink. I'm not...I'm not against drinking, but I don't serve people more alcohol in my house who I think have had too much to drink. It takes some common sense. I think we have very bad bar owners, not all of'em! Not all of'em! I don't mean all of'em! But the problems coming out of the bars is all about overconsumption of alcohol. It's not about having a beer or two, or even three, or a couple glasses of wine or a couple of mixed drinks. It's about over, overconsumption. And I am done discussing it! Hayek: Um, L..the public health, uh, arguments and data are...are compelling, but I think an even more compelling reason, uh, to support something like this ordinance is...is, uh, that we need to support a healthy balance in our downtown business landscape, and that's something that's been identified by our market study, um, I own, uh, commercial property down, in the downtown area, and I work down there six or seven days a week, and uh, and I... and I, I have a good sense of that, and I think we've got an imbalance, uh, and again, as I said, our market study bears that out. Um, I don't have a problem with, uh, moving on this issue. Through something like this for 40 years, the City has made various attempts to promote commercial interests downtown, some have worked, some have not. Um, but it's inherent to...to, uh, our regulatory power through zoning to pursue what we believe is the public good, and I...I think this is the public good. But here's my problem with this ordinance, and it's one that I voiced last night. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 62 The...the rule for drinking establishments would be city-wide, and that would extend from the eastern to the western, and the north to the south, southern boundaries of the City, well beyond, um, dense student populations, and uh, I think that goes beyond the scope of the problems that brought us here tonight and the reason this is on our agenda, and I brought up an example last night and I'll bring it up again tonight -Blackstone is a nice establishment on the far east end of town, off of Scott Boulevard. It is a restaurant with a liquor license that is open past midnight, at least two nights a week. I checked this afternoon, um, and I don't believe we have a problem with an institution, or an establishment like that, and...and I don't know that it's in our best interest to prevent a Redstone or a Brownstone from opening up near Blackstone, in that part of town. And so I...I have a concern about the geographic scope of the drinking establishment half of this ordinance. Everything else I'm okay with. Wright: Actually, Matt, that was something I was going to mention before. Somebody cut me off. Champion: I'm sorry! Did I? Wright: Yeah! Champion: Oh, I came from a large family! I know! Wright: (laughter) Champion: It's a bad habit. Wright: Um, because we did talk about the geographic issue last night, and I thought about that a little bit more. And I actually think there are other areas, besides downtown, that are ripe for having the type of overconcentration that we're seeing now. Uh, and I actually fear that that not only will happen, but then we will have people transporting themselves in and out, via automobile, uh, because they're not going to be located near, uh, residential areas. It'll allow much more pedestrian traffic, uh, and....I thought about the geographic concerns and I...and I thought city-wide probably is the best choice. Correia: Well, and I also think that the research that we heard is compelling about the affect of alcohol density on other consequences in neighborhoods, so that this is not...the issues that we have with our high density of alcohol establishments in downtown Iowa City is not unique to that one place related to, um, the density of alcohol outlets, so I...I feel very comfortable with, um, this ordinance, having it be city-wide, um, I mean, I think it does level the playing field, the rules are the same everywhere, um, and it doesn't overburden, um, staff to admit, you know, to administer that policy. So, I'm very comfortable with the way that this ordinance is written, uh, and will be in place city-wide. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Bailey: Nothing to say? Wilburn: Ready to vote! Page 63 Bailey: Okay. Well, I just want to say, Matt, I thought about your Blackstone's illustration because a friend of mine lives in that neighborhood, and um, if you think about it, it's very close to residential. It's neighborhood commercial. And perhaps we would have a problem with another establishment in that area because of the...the increased noise and what we saw with the Cleveland study in these wetter neighborhoods -more drinking, more violence. So I think the consistency city-wide with our commercial districts is a good sort of economic development consistency approach that Ross mentioned last night, so I'm very comfortable with it. Um, and yeah, I'm ready to vote. So... Hayek: Let me, and I just wanted to say one more thing before we vote, I mean, it looks like I'll be maybe one of the only dissenters, and that's fine. I...I support this policy, but for the geographic scope, which I think is too much. But...but I want to convey a message to the University, and I know several representatives are here. Um, on alcohol issues. I mean, this comes from me personally. I have not vetted this with anybody up here. In my opinion, the City has taken various steps, uh, to address alcohol problems, uh, real or perceived in the downtown area, and I think that's appropriate, but the steps we have taken, at least since I've been on the Council, have been fairly significant. We've increased enforcement. We've increased scrutiny over bar operators, and now we're going to enact a zoning change which as far as I can tell is pretty unprecedented. Um, and...and that, those are good things, um, but there's supposed to be a partnership between what the City and the University is doing, and I'm not feeling much of that these days. Um, as far as I can tell from the University, a few piecemeal things come out to try to tackle the issues, um, some money is thrown at student organizations that...that attempt to put on late-night programming. That's positive. I question the impact of that, and then the University tears out the sole movie theater in the downtown area for students, because it needs office space. Um, until the University of Iowa makes some structural changes with respect to where students live, how they are engaged on campus, and what is expected of them while they are students here, I don't think we're going to make a lot of progress on these issues. So...it's late and I'm mad and I just had to say that! Champion: Wow! That was well said. O'Donnell: that was very well said, Matt, and...and I also will be a dissenting vote here. Um, I think we're going beyond...we're trying to address any problem downtown. That's how this all got started, and it...it, we're encompassing the whole city, and I...I, we have...I think we're likely to miss out on some very fine businesses on the outskirts of town, and I...I would hate to see that. Um, I agree with your comments on the University, Matt, um, you know, at one time the University had the Memorial Union. They had a bowling alley. They had a pool hall, uh, and This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sb Page 64 there were things for kids to do, and this must be more than we have a problem; what are you going to do about it. Um, it has to be a partnership if we're going to get any resolution. So, I do agree with you, Matt. (several responding) Wilburn: ...like to say something. Bailey: All right. Wilburn: Well, I agree. I've lived here since 82. There have been some...I personally missed the bowling alley at the Iowa Memorial Union, but I want to acknowledge and say that I appreciate, fully appreciate the efforts of, uh, the University (mumbled) various University presidents that have appeared before the Council, um, you know, Health Iowa, there was the Stepping Up Coalition, work in partnership both with the City and uh, you know, some of our community agencies in our area, uh, substance abuse provider, um, as kind of pointed out earlier, this has been an issue that has, uh, transcended several, uh, City Councils, and I think, uh, there's a challenge on our part too, in terms of trying to be, uh, which is difficult, because you...different perspectives, different, uh, political, uh, philosophies on the Council, but that makes it challenging in terms of consistency with policy on behalf of the City, so I...I, uh, I agree that, uh, more partnership will be beneficial, but I just wanted to reacknowledge the partnership that has existed, and the challenges on both entities' parts. Champion: It's interesting to me that the bar owners aren't here, because they will love this ordinance. Because it's going to add a lot of value to their bar when they want to sell it, because the only way you, they'll get a bar in this area is to buy it from somebody who already has one, and so I understand why they're not here, but um...but I would not want a moratorium on dress shops. That would not be healthy! (laughter) Bailey: Roll call. Item carries 5-2, O'Donnell and Hayek voting in the negative. (several talking) We're going to keep going (several talking) We are going to finish Planning and Zoning items. (several talking) Yes, thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sc Page 65 ITEM 5. PLANNING AND ZONING MATTERS. c) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .98 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE- FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE- FAMILY RESIDENTIAL, 40.13 ACRES FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5), AND 60.28 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD- 5). (REZ08-00011) (PASS AND ADOPT) Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. O'Donnell: Second. Bailey: Seconded by O'Donnell. Discussion? You had comments? Hegeman: Thank you, Mayor Bailey, and Council Members. I have an issue of procedural fairness that I think seriously needs to be raised, and...and considered. Um... Bailey: Would you please state your name for the record? Hegeman: The power, oh, I'm sorry. My name is Robert Hegeman. I live at 44 Tucson Place. Um, the ability of 20% of surrounding landowners to protest a rezoning position, uh, petition, enforce asuper-majority vote of Council is a right. It's a right conferred by Iowa Code 414.5. And it is a right that is buttressed by certain notice requirements. What happens here...in late February and early March, the first public hearing was held I believe on March 10th. Um, at which we were told to prepare, uh, a protest petition for a large area, uh, of approximately 90 or however many acres. Through the hearing process, the...the proposal evolved. And at the very last hearing, I believe, uh, on was it April 20th, there was a conclusion that in fact there would be an outlot D that would not be rezoned. The public hearing then ended within about an hour, or half hour. In other words, our protests that we deserved notice for, that exceeded 20% of the surrounding landowners, um, was properly filed on April...on March 10th at the beginning, and then when the procedure changed, and the area that was going to be rezoned ended at the very end of the meeting, of the public hearing, uh, it changed, and then the City recalculated our area and said that we had only 17.1 % of the area, because this is a new area. Okay? Now that's a problem. In that half hour, we would have had to get notarized signatures of the 20%, a near impossibility. So as this process unfolded, our rights conferred by the Iowa Code have been in This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sc Page 66 effect, uh...uh, defeated, and they were defeated in such a way that we could not possibly comply with. Okay? Um, I find this unfair. I hope that you find it unfair, but however we feel about it, we have to go back to the Iowa Code. The rezoning proposal was changed, a large outlot D was created in which there was not to be rezoning. In other words, our notice that we received before the public hearing began was for something very different than is being voted on tonight. Now, what does the Iowa Code say about this. Well, the provisions of Section 414, the Notice Provisions, relative to pubic hearings and official notice, apply equally to all changes or amendments. What are those requirements? And we go to 414, here, the last...the last sentence. The notice of time and place of the hearing shall be published as provided in Section 362.3, except that at least seven days notice must be given, and in no case shall a public hearing be held earlier than the next regularly scheduled City Council meeting, following the published notice. In other words, we had notice that this was changing in the last hour of the public hearing. And it was a public hearing really about something different than the public hearing that started it. We had no chance to meet the requirements, and we had certainly no notice, and certainly not the seven-day notice required. So when the City recalculated our rezoning protest, okay, they basically said, okay, you're told one thing but in fact another thing turned out. What was 20% and should have required asuper-majority vote is now 17.1% and that was (mumbled) after the end of the public hearings. No possibility of meeting those. So, I find that unfair. Okay? And I hope that you do. Um, but most importantly, uh, there is no way that when you project one thing, and then it evolves into something quite differently you should go back and recalculate things and undercut people's rights inferred by the Iowa Code. And that's what's happened here. And I think it's an important right, and it must be protected. I hope that you will protect our rights inferred by the Iowa Code, and I will hope that you would protect our notice requirements. We had notice at the final hour of the final public hearing. No way could we comply. The City, uh, the State Code requires at least seven days. What should have properly have happened is the original hearing been closed, okay? The proposals shut down, and a new hearing started with the new notice. Um, but we do insist that the calculation, based on the original notice, be based on the original proposal as it was set up, that we should have had to comply with. We did meet that, and there should have been a super-majority vote in this process. These are rights that I think you should insist upon, and I think we will insist upon. Thank you. Bailey: Thank you. Hegeman: I would accept any questions. Thank you. Correia: I have a question for Eleanor, or for anybody who remembers... Bailey: All right. Correia: We kept the public hearing open for over three meetings, is that correct? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sc Page 67 Dilkes: Let me just respond to Mr. Hegeman's... Bailey: Thank you. Dilkes: ...arguments. If you had added property to the area for rezoning, I would agree with him. Um, you didn't. You removed property from that area, so every...there were no additional people to receive notice. Everyone had received notice of a potential rezoning. If you take Mr. Hegeman's argument, if you accept it, the Council would never be in a position to respond to a protest or a concern by reducing the amount of property to be rezoned. In this case for instance, some of the people who were original protestors lived along Rohret Road. Presumably because of the...the tree issue. You took care of some of their concerns by reducing the area to be rezoned, by changing that to outlot D. I do not see that as a problem. I see it as consistent with the State Code. Um, if...if you couldn't do that, you would never finish your rezoning. And you couldn't respond to concerns, because each time you did, you would have to set a new public hearing, and the next concern would be raised, and if you wanted to, you'd be caught in a conundrum of either responding and having to start the process over, or not responding so you could complete the rezoning, and I don't think that's what the Iowa Code says has to happen. So...I, I think legally you've complied with those requirements, and I think it would be very bad precedent for you to...to take the position that you needed to set a new public hearing when you reduced the area to be rezoned. Hegeman: May I supplement? Bailey: Pardon me? Hegeman: May I supplement my statement? Bailey: Sure. Hegeman: It says 20%. When you exceed that 20%, this is hard work getting notarized signatures from people. You stop. You don't need to go further. Okay? But now we have gone further. We do have 20% for the new process, and we have filed that. Okay? So the 20%, and the reducing, just had to do with the effort that goes into getting those notarized signatures. It is an effort. We did it. We did it for the original petition, and we have done it for the second petition, and those have been filed properly, and I believe timely, if you comply with notice. We deserved notice as to what we were dealing with, seven days ahead of time. We did not get it. Bailey: Do you have a comment? Did you have a comment? Okay. Further...further discussion? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #Sc Page 68 Hayek: Well, I...I appreciate the fact that these gentlemen have been here four hours waiting...waiting for this agenda item and that's not easy, and it's been a...a long process for you over the last several weeks, but we have, uh, a very competent legal staff that is independent and reports directly to the Council and whose job it is to, uh, keep actions like these from running afoul of law, and in my opinion, we need to defer to the advice that we're getting from our attorney, and uh, if...if her, uh, recommendation or finding is that everything has complied with State law that is good enough for me. O'Donnell: Absolutely! Bailey: Any further discussion? Roll call. Item carries 5-2, um, Wright and Correia voting in the negative. Karr: Motion to accept correspondence. O'Donnell: So moved. Wright: So moved. Bailey: Moved by O'Donnell, seconded by Wright. All those in favor say aye. Those opposed same sign. Motion carves. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #6 Page 69 ITEM 6. ADOPTING IOWA CITY'S FY10 ANNUAL ACTION PLAN AND FY09 ANNUAL ACTION PLAN AMENDMENT, WHICH ARE SUBPARTS OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENT AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. a) PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) Public hearing is open. Hightshoe: Hi, I'm Tracy Hightshoe with the City's Community Development department. We're here tonight to ask your approval of the Fiscal Year 10 annual action plan. The annual action plan outlines how the City will allocate the federal dollars we receive through the Community Development Block Grant program and the Home Investment Partnerships program. I want to thank the Members of the Housing and Community Development Commission this year for the long hours that they put in formulating the budget recommendation, um, I will do just a summary of the highlights because of the late hour. Um...basically the City received 25 funding applications for over $3.4 million. We only had $1.5 million to allocate. We were fortunate enough this year to get stimulus funds, um, through the American Recovery and Reinvestment Act of $176,000. Um, the CDBG and Home funds will leverage basically $7.46 million, or about $5.90 for every CDBG and Home dollar we spend. Does anybody have any questions? O'Donnell: Great job! Hightshoe: (mumbled) very quickly. Correia: ...also includes the FY09 amendment, which is the stimulus funds (both talking) the $176,000 going to Shelter House. Hightshoe: Yes. Correia: For (both talking) and Home Ties, which is a childcare, provides childcare for homeless (mumbled) Hightshoe: Yep, and it's a program run by 4-Cs. It's at First Mennonite, but they don't do the programming. It'll be separate space dedicated to Home Ties. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #6 Page 70 Bailey: Any other comments or questions for Tracy? All right. Any others wishing to speak at the public hearing? We don't want to cut anybody short just because we're going a little long tonight. Okay (bangs gavel) public hearing is closed. b) CONSIDER A RESOLUTION O'Donnell: Move the resolution. Wright: Move adoption. Bailey: Moved by O'Donnell, seconded by Wright. Discussion? All right. Roll call. Item carries 6-0, um, Champion abstaining due to conflict of interest. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #13 Page 71 ITEM 13. CONSIDER A RESOLUTION DIRECTING SALE OF $6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009C. Wilburn: Uh, Madame Mayor, I move that the Council consider Items 13 through 16 simultaneously after you the Mayor read them into the record. Bailey: All right. Um, we have a motion to consider these simultaneously. Champion: Second. O'Donnell: Third. Bailey: Seconded by Champion. Any discussion? Um, all those in favor say aye. Those opposed same sign. We will do these simultaneously. I will read them into the record. Item 13 is consider a resolution directing sale of $6,685,000 general obligation capital loan notes, series 2009C. Item 14 is consider a resolution directing sale of $505,000 taxable general obligation capital loan notes, series 2009D. item 15 is consider a resolution direting sale of $6,500,000 general obligation refunding capital loan notes, series 2009E, and item 16 is consider a resolution authoring the redemption of outstanding general obligation bonds, series 2001, dated June 15, 2001 of the City of Iowa City, Iowa, and directing notice to be given. Champion: Move the item. Bailey: Moved...okay, moved by Champion. O'Donnell: Second. Bailey: Seconded by O'Donnell. Discussion? Helling: I think maybe Kevin has some news for you. Champion: Oh! Bailey: Thank you. O'Malley: Yes, you're going pretty fast, uh, I want to catch you. Madame Mayor, Council, I'm Kevin O'Malley, Director of Finance. We had some excellent bids today, uh, in fact the lowest I've ever seen. They were below 3%. We got 2.7% on the regular construction bonds. We got 2.6% on the refunding. Uh, instead of $300,000 in savings, we're actually going to receive about $600,000 in savings. And uh, on the taxable issue, the one for Aniston Village and for our GRIP program, we got 2.6...2.69%. So all bids were under 3%. We didn't have a lot of This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #13 Page 72 bidders, except on the taxable issue. But, uh, that's kind of a first for us. I'd never seen anything below 3%. And I recommend approval of it. Bailey: Thank you, Kevin. (several talking) Nice news! Champion: Thank you very much! Helling: And we did retain our triple-A bond rating for all these. Champion: Oh, good! Bailey: Okay. Great! Hayek: If you could keep these interest rates low, but bump up our interest income, that'd be...just ducky! (laughter) (several talking) Bailey: Okay, any other discussion? Okay, roll call. Items carry 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #24 Page 73 ITEM 24. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT. Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. Hayek: Second. Bailey: Seconded by Hayek. Um, engineer's estimate was $135,000 and it's recommended that the bid go to Terrell Construction of Swisher, Iowa, with a bid of $110,750. Um, further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #25 Page 74 ITEM 25. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. Hayek: Second. Bailey: Seconded by Hayek. Discussion? The engineer's estimate was $170,000, um, recommendation is for Feldman Concrete of Dyersville for a bid of $90,072.50. Yeah, very nice. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #27 Page 75 ITEM 27. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE 420TH STREET CORRIDOR IMPROVEMENTS PROJECT RM-3715(645) --9D- 52. Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. Hayek: Second. Bailey: Seconded by Hayek. Discussion? This is a nice RISE grant that we received through our industrial park improvements, so this is exciting. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #33 Page 76 ITEM 33. CONSIDER A MOTION APPROVING THE APPOINTMENT OF A STUDENT LIAISON AND ALTERNATE FROM THE UNIVERSITY OF IOWA GOVERNMENT (UISG) TO THE CITY COUNCIL MAY 1, 2009 UNTIL MAY 1, 2010. Wright: Move adoption. Champion: Second. Bailey: Moved by Wright, seconded by Champion. Discussion? Tyler? Gunn: Madame Mayor, Esteemed Council, it's my privilege to, uh, introduce you to Jeff Shipley, and uh, Andrew Rausch, Vice Liaison who's not able to be here this evening. There was an interview process on Sunday where a committee of student leaders, University faculty, and staff chose these individuals and uh, I.. . Bailey: Okay. Thank you. Jeff? Shipley: Hi, yes, my name is Jeff Shipley. I'm entering my final year at the University in the fall. I'm a Political Science Major with an Economics Minor and an International Studies Minor. Um, like I was...I was appointed, uh, by the University of Iowa Student Government. I'll be serving under the University of Iowa Student Government President, um, I feel essentially this position to communicate concerns between the student body, legislature, and then of course this body and council, and I think I'll, you know, be a great job. I look forward to meeting with all of you, um, yeah, I don't know if there's anything else I should really say or, but yeah, I look forward to... Champion: We'll not keep you this late all the time! (laughter) (several talking) Bailey: This is a typical meeting, Jeff, so welcome, yeah. (several talking) All right. Hayek: Welcome Jeff! Bailey: All those in favor say aye. Those opposed same sign. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #34 Page 77 ITEM 34. CONSIDER A RESOLUTION APPROVING THE APPOINTMENT OF DALE HEELING AS INTERIM CITY MANAGER FOR THE CITY OF IOWA CITY. O'Donnell: Move the resolution. Wilburn: Second. Bailey: Moved by O'Donnell, seconded by Wilburn. Discussion? Thank you Dale! We appreciate it. (several commenting) Roll call. Resolution carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #35 Page 78 ITEM 35. ANNOUNCEMENT OF VACANCIES. Bailey: I will go through very quickly -the previously announced is Airport Zoning Board of Adjustment, Airport Zoning Board of Adjustment again, Airport Zoning Commission, the Board of Appeals, the Human Rights Commission, and the Youth Advisory Commission, um, for one person from Tate High. These applications must be received by 5:00 P.M. Wednesday, May 13, 2009, and more information is available on the City web site or by calling the City Clerk's office. On the Board of Adjustment there is another vacancy, um, to fill one, um, one expired term. That application must be received by 5:00 P.M. Wednesday, June 10, 2009. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #37 Page 79 ITEM 37. CITY COUNCIL INFORMATION. Bailey: Um, Mr. Wright? Wright: Nothing this evening, Madame Mayor. Champion: Who would have the nerve? O'Donnell: Just a quick one. Thank you, Tyler. Good luck in your travels, um, come back and see us. Jeff, we're looking forward to you. And I understand Iowa City passed the sales tax. Champion: Well... O'Donnell: I'm hoping! Bailey: Mr. Wilburn? Wilburn: Nothing. Bailey: Mr. Hayek? Hayek: Good luck, Tyler! Correia: I have a brief something, just because it's the end of tax season and I have these numbers. The "you earned it now claim it" free tax help. They filed 954 tax returns, which is (noise, unable to hear) increase over last year, bringing in $1.2 million in federal tax refunds, back to Johnson County. Iowa City was a big partner in the, um, effort. Iowa City Public Library hosted, um, significant number of the tax clinics and most of the filers did go to the Iowa City Public Library. Housing Authority was a partner, as well as Docs Services, um, Johnson County Social Services, the University of Iowa Tippie College of Business, Department of Accounting. There were 93 accounting student volunteers that volunteered this year to provide tax help. So, I want to thank all of them and there will be a volunteer recognition at the Board of Supervisor's meeting next Thursday, um, but want to thank all of those tax filers, or tax preparers, those students, for giving their time and the University, Tippie College of Business, Dr. Joyce Berg and uh, grad student Evan Malcom for all the time they put into coordinating all those student volunteers. Bailey: Okay. That's exciting. Wilburn: Can I have my time back? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009. #37 Bailey: Yes! (laughter) Page 80 Wilburn: LJh, in the event that the election does hold up, if that gets certified, I just want to thank the citizens of Iowa City for, uh, voting yes. Apparently it did pass, so that, again, if that stands, uh...just um, like I said, hallmark that, uh, you know, folks do, all of us do care about the community, but recognizing the importance that the devastation from the flood and...and any attempts that we can do to mitigate. This is one component of all the efforts that, um, that staff and Council Members and the Mayor are trying to put into place to do what we can to mitigate any future damage, so um, so thank you to the public. Champion: Thank you, Ross. Bailey: Mike, you want to... Wright: It's late and we're all tired, but I did want to remind folks that next week is Bike to Work Week. I think every week should be bike to work week, uh, and next Wednesday at the Chauncey Swan Ramp at 5:15 we'll be meeting for the Mayor's ride to Coralville (mumbled) Co-op there. I plan to be participating, and I hope to see a whole bunch of people both from the community, as well as some of my fellow Councilors on that ride. Bailey: Okay. Unfortunately I will not, but have a good ride. Um, Tyler, thank you so much, and welcome, Jeff. I had a great train ride today, and I'll talk about it at the next Council meeting, because I know passenger rail is of interest to all of us, so, good, it's late. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 5, 2009.