HomeMy WebLinkAbout2003-06-24 Transcription#1 Page 1
ITEM 1. CALL TO ORDER.
ROLL CALL.
Lehman: Before we do item 2 1 would like to just take note for folks in this
community a very dear friend of Iowa City's passed away this past
week - Sue Horowitz who served as Mayor of this community, also
served on the Council for 8 years. I doubt that we've had a public
servant in this community who was more dedicated and cared more
about this community and the people who live here. And I would like
for us to observe our loss with a moment of silence. Thank you.
There will be a visitation at Lensings on Tuesday from 3:00 to 8:00
and the services for Sue will on Wednesday 10:00 at St. Pat's.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of June 24, 2003.
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ITEM 2c. MAYOR'S PROCLAMATIONS.
c. Community Development Day: July 1
Lehman: (Reads proclamation).
Karr: Here to accept the proclamation is Amy Correia from our Housing and
Community Relations... Housing and Community Development
Commission.
Correia: It is my pleasure to accept this Mayor Proclamation declaring July lst
as Community Development Day in Iowa City. As Marian said my
name is Amy Correia and I'm honored to serve the people of Iowa
City as a member of Housing and Community Development
Commission. The primary purpose of this commission is to provide
oversight of program and policy decisions for the City of Iowa City
regarding two federal block grants - Community Development Block
Grants or CDBG and HOME Investment Parmership. As the
proclamation states the primary objective of CDBG is to improve
communities by providing decent housing, a suitable living
environment and expanding economic opportunities principally for
persons of low- and moderate-income. The HOME program is
designed to expand the supply of decent, affordable housing for low-
and very low-income families. In fiscal year '04 in Iowa City CDBG
funds will support 12 public facilities and public services programs
serving low to moderate incomes households. Grant request totally
$702,107 were received by the commission and we $357,600 to
disperse. Requests for HOME projects totaled $1,464,000 and the
amount available to loan was $569,806. CDBG and HOME funded
projects provide critical support to households that are experiencing
economic hardship. In many cases due to increasing unemployment,
proliferation of low-wage jobs and rising housing costs. The federal
government supports these local efforts because it is in the national
and local interest to ensure that all families have meaningful choices
and support including the possibility of mobility in order to make a
better life, a safer life for themselves and their children. There is a
need for the services funded by CDBG and HOME due to economic
inequities that cannot be argued away. Almost half of all jobs in Iowa
pay below $10 an hour. The largest growth in the Iowa economy in
recent years has been in the service sector, the lowest paying jobs. At
the same time the cost of housing has skyrocketed. Johnson County is
the most housing cost burdened county in the state. Almost half of all
renters spend more than 30% of their income on housing costs. The
wage at which a subsidy is not needed is $11.73 an hour. The median
wage for many jobs critical to the vibrancy of our community
including a childcare worker, home health aid, servers and bank tellers
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have average wages between approximately $7 to $9 an hour. To
combat these economic inequities Iowa City is fortunate to have the
CDBG and HOME program and the core of dedicated service
providers ensuring that the best that our community has to offer is
available to all people. On Tuesday, July 1st we celebrate Iowa City's
accomplishments meeting the housing, services and economic
development needs of low to moderate income households. I
encourage all in the community to attend this event from 4:30 to 6:00
p.m. at Uptown Bill's Small Mall located at the corner of Gilbert and
Court Street. Thank you.
Lehman: Thank you. Just a reminder first 4:30 to 6:00 at Uptown Bill's. That's
a really fun event and I'd certainly encourage Council folks to be
there.
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ITEM 2d MAYOR'S PROCLAMATIONS.
d. Chuck Schmadeke Day: June 27
Lehman: Our next proclamation is a particularly special proclamation. (Reads
proclamation).
Kart: Here to accept...
Lehman: You don't see this bunch stand up for very many people.
Wilbum: Half of us can't.
Chuck Schmadeke: I'm honored by this action tonight. Not just the proclamation, but
it's the first time in 30 years that I've been first on the agenda. I'm
also humbled by the knowledge that this couldn't have happened
without the help of City employees, the City Council and citizens of
this community. And I shall be forever grateful. Thank you.
Lehman: Well I think it's us who are grateful and I'd like to remind folks that
on Friday from 1:30 to 4:00 there will be a reception in this room
where you can come in and harass him all you want. It will be one of
your last chances to harass him officially. I also have to say this of all
the folks who work in this building - and we've got probably a finer
group of people who work for this community as any city anywhere -
I have in my - this is my l0th year on the Council and that's a long
time - in fact a lot of people think it's too long - but I have never
heard anybody say a word derogatory about this guy. I don't know of
anybody who doesn't like Chuck Schmadeke. And that after 37 years
is truly amazing. Chuck we will miss you.
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ITEM 3 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Lehman: (Reads item).
Champion: Consider adoption.
Pfab: Second.
Lehman: Moved by Champion, seconded by Pfab. Discussion?
Karmer: I had a question in regards to the emergency shelter grants program
which is under number f resolutions. Now we're acting as a (can't hear)
for $93,000. Is that money...is that global amount or did each of the
agencies have to apply for that and then the final amount is determined
from who gets what grant?
Atkins: As I understand it it's an amount established by the State Department of
Economic Development which folks apply for and we have to act as the
agent for the administration of those monies. Unless there is something
that has changes. Karin is nodding yes that's how we do it.
Kanner: So they apply.
Atkins: They apply to the state, limited funds that the state provides. The state
then in effect gives us the money which we distribute to the folks as
their agent.
Kanner: Do they limit the amount given to other agencies if there are more
agencies that are applying? If there's one agency that's receiving
something does that take away possibly from another agency?
Atkins: The only way that I think that would happen Steven is the limited
amount of money that the state has to deal with. And to the best of my
knowledge - in fact I'm almost positive - the state makes all the
decisions based upon the information received by the agencies in how
the money is distributed.
Kanner: The reason I ask is I see Table to Table is receiving money and I know
they're a good organization and I can see the connection to Shelter. I
assume they bring food...different organizations -the Crisis Center and
other - and shelters. But it's not quite as direct as the other and I'm
wonder if it's taking away from those other groups. It doesn't sound
like it is.
Atkins: It doesn't sound like it is. I can certainly...I understand your
observation on the Table to Table emergency shelter might not fit. Yes?
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Lehman: But Table to Table I think is significant in helping prepare food for the
free lunch program. That's pretty direct. Isn't that right?
Kanner: I do know that they collect food from different agencies in this town
we're lucky that there are a lot of people with providing food. I've
talked to homeless people and that's one thing they talk about - food is
not so much a problem in a certain way, housing is the main thing. And
I'd like to see these funds go more directly towards that housing and
shelter thing.
Atkins: I think it's a question easy enough to ask the State and we can do that
for you. I mean after the fact what kind of criteria they may have used.
I'm assuming that's public information. I can't imagine why it
wouldn't.
Kanner: Yeah not to take away from Table to Table.
Atkins: No, I understand what you're saying we can certainly check into it.
Kanner: This is something that struck me the first time I saw that they were
receiving money. Maybe they had in the past. I hadn't noticed it. And
maybe it's bringing more money into the area for these services which
is good.
Atkins: We'll ask the state for you and see...
Wilbum: I don't know what criteria they use, but I do know that not only the
other agencies listed who did receive funds as well, but several other
organizations that aren't listed here who do receive a significant amount
of food and depending upon who you ask you might get an argmnent
about whether or not food...I mean food, shelter...you know that type
of...I understand what you're saying, but it really does make a
difference for the operating budgets for the listed organizations here and
others.
Vanderhoef: I heard a presentation.just today and Table to Table is getting by on an
$80,000 budget and they're running all of those vans and recycling if
you will food that would have otherwise gone into the dump. So gas
and only volunteer drivers. Their staff is very, very small and they're
serving Johnson County so there are deliveries made in other places
other than Iowa City also. So they're covering a lot of needy people
that can really use this food.
Lehman: Other discussion? Roll call. Motion carries.
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ITEM 4 PUBLIC DISCUSSION
Lehman: Item 4 is public discussion. This is the time reserved on the agenda for
the public to address the Council on items which do not otherwise
appear on tonight's agenda. If you wish to address the Council please
sign in and give your name, address and limit your comments to five
minutes or less.
Lori Benz: Good evening. My name is Lori Benz. I live at 2012 Dunlap Court in
Iowa City and I'm a member of the Senior Center Commission. I'd
like to just give you a brief update this evening on some of the
commission's most recent activities that I think might be of interest to
you. First of all I want to let you know that we're working closely
with the Staff to implement plans for the new participant levels that
will go into effect Julylst. The proximity cards and reading devices
have been received and will be installed very soon. This will allow
participation hours to be expanded from 7:00 in the morning until 7:00
in the evening. There will be a more aggressive kick-offs celebration
for mid-September. I also want to let you know you might have read
that our commission chair Jay Honohan spoke with the Board of
Supervisors recently about the revisiting the 28e agreement with
Senior Center. And the Board did indicate that at some future point
they would like to reopen that discussion. So we will be following up
with that. And finally I want to invite you to the Senior Center's
volunteer recognition breakfast that will be held this Friday, June 27th
from 7:30 to 10:30 in the morning. This is to recognize the Center's
volunteers for the year 2002. And they will be honoring 491
volunteers who contributed over 26,000 hours which converts to the
equivalent of 12 3A full-time staff. So you have an additional work
fome you may not have known about. But we would love to have you
come.
Kanner: Thank you.
Lehman: Very good.
Charlie Major: My name is Charlie Major and I live at 7 Blue Stem Court in Iowa
City. I wanted to ask the Council again - I realize you're up against it
with the budget probably being having to be turned in today or
tomorrow or at least within the next few hours maybe even - but I
wanted to ask you again that you not cut the five police positions, the
four firemen and the one library position and I think the two Parks and
Recreations positions. And I hope you don't - I've also heard rumors
that you're going to have to cut 14 other positions for a total of 25 - I
hope you don't do that. I want to ask you again that I think we can
find money another way even if we have to cut everything back that
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we use. And I noticed...I read in the paper where Des Moines was
raising their liquor license fees $500. I think that's something to
consider. I know you're considering a lot of fee raises and a lot of
other things, but please don't cut those 25 staff. And because I think
it's going to be really tough. And I realize that you're up against it
because of the state funding and everything and that hasn't made your
job easy. But don't cut that 25 staff. Thank you.
Lehman: Thank you.
Kanner: Just to let you know I don't assume there's a deadline that we have to
file these. These are things that are ongoing process so there is time
for further input and discussion.
Lehman: Any other public discussion?
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ITEM 5b. PLANNING AND ZONING MATTERS.
b. AN ORDINANCE AMENDING THE CITY CODE TITLE 14,
CHAPTER 6, ENTITLED, "ZONING," ARTICLE G,
ENTITLED "OFFICE AND RESEARCH PARK ZONE
(ORP)" AND ARTICLE L, ENTITLED "PROVISIONAL
USES, SPECIAL EXCEPTIONS, AND TEMPORARY
USES."
(1) Public Hearing
Lehman: (Reads item). Public hearing is open.
Chris Pose: Mr. Mayor, members of the Council my name is Chris Pose. I'm an
attorney with an office address of 317 6th Avenue in Des Moines here
on behalf of the applicant MidAmerican Energy Company. We've
presented a request through your Planning and Zoning Commission
and your staff to ask that the office research park zoning restrictions be
amended to allow electric substations to be what are: special exception
uses. The reason for our request you may have read in the staff
materials that were provided to you we do have an existing substation
that is located in the northeast part of the City. I still call that the
Highlander Inn interchange. It would be the southeast quadrant of
there that was built in 1972, one of 3.76 acre parcel of land.
MidAmerican has needs to expand that substation within that existing
property and in the course of its diligence in determining what would
need to be done to do the expansion discovered that the zoning has
been changed on the property to the ORP district sometime after the
1972 approval. And presently the ORP district do not allow for
electric substations as permitted uses. Simply put the request we have
in front of you is asking for permission that we be able to apply to
your Board of Adjustment and receive the special exception use which
we would like to do this summer so that construction can begin on the
property this fall. Because of the limited amount o£meetings that you
folks have and rightly so during the summer months we were
wondering if it could possible to a certain of the readings be waived to
this particular ordinance request so that we can proceed forward and
make our request to your Board of Adjustment. We did not have
anyone in opposition to our request at the Planning and Zoning
Commission meeting and I think from all the dealings with your staff
they've acknowledged that they think the ordinance amendments
would be appropriate at this location. I'd be happy to answer any
questions that you folks might have of me. But we request your
favorable action on this item and if you'd be so inclined to waive the
readings we'd greatly appreciate that as well.
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Champion: Emie I thought it was my understanding that this ordinance was going
to allow...
Lehman: Allows it as a special exception.
Champion: Oh, as a special exception.
Lehman: Right now it isn't allowed in any...
Champion: Okay I thought it was being changed totally because then he wouldn't
have to go to the Board of Adjustments. Okay.
Pose: There's other provisions...there's other districts in the City where
these are allowed as a matter of right or as permitted uses. However,
to do one of those at this location we'd have to rezone the property and
we really don't think that would be the appropriate avenue to go.
Lehman: (Can't hear).
Kanner: Eleanor what are the legal obligations of the City as far as allowing
substations...these substations with federal or state law? Do we have
to allow...I assume we have to allow them to be placed somewhere in
the City.
Dilkes: Well it's not something I've looked at.
Kanner: I mean if we say no what happens.
Dilkes: Well I think you need to have a land use reason for saying no. I mean
if you think it's not an appropriate land use then you shouldn't amend
the ordinance. If Council would like me to look at...are you talking
about the electromagnetic issue or...
Kanner: No, I'm saying if we say no for whatever reason land use or whatever
reason for this that means they have to find new land to expand? Is
that the result if they're going to expand eventually to service their
customers?
Dilkes: I'm not following what your question is. You're going to have to be
more specific about that and how it relates to the specific situation.
Karmer: If we vote this down we say no because of a variety of reasons...
Dilkes: Because of what?
Kanner: Well that's not pertinent right now.
Dilkes: Well that is pertinent to the question. If Council has a specific
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question I'm happy to answer it, but...
Kanner: Okay because of land use. Let's say I don't think it's appropriate and
that means that they would not be able to expand there. That means
they have to...the net effect is they have to go out and purchase new
land at some other location.
Dilkes: I don't know what their particular situation is about what their needs
are. I can't address those. The zoning as it is in place right now is
presumed to be valid. If you have a reason for denying this zoning
change you're well within your rights to do so. It just can't be
arbitrary.
Kanner: Okay. and are there any legal state or federal law saying that we have
to...that we're required to allow them reasonable expansion and access
to land for their facilities to provide electricity?
Dilkes: I'm not aware of a law that would meet the requirements that you just
stated, but I have not researched it.
Kanner: Okay.
Lehman: Thank you. Is there anyone else who wishes to speak to this issue?
Public hearing is closed.
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ITEM 5d. PLANNING AND ZONING MATTERS.
d. CONSIDER AN ORDINANCE CHANGING THE ZONING
DESIGNATION OF APPROXIMATELY 1.1 ACRES FROM
CB-2, CENTRAL BUSINESS DISTRICT SERVICE, TO
PRM, PLANNED HIGH DENSITY RESIDENTIAL FOR
PROPERTY LOCATED ON THE EAST SIDE OF SOUTH
DUBUQUE STREET SOUTH OF COURT STREET. (REZ03-
00012) (FIRST CONSIDERATION)
Lehman: (Reads item).
O'Donnell: Move first consideration.
Champion: Second.
Lehman: Moved by O'Donnell, seconded by Champion. Discussion?
Kanner: So this...were there any people that wanted to speak to this?
Lehman: Well we had a public hearing on this and we're not going to go
through the whole process. But there was some information at the last
meeting that was incorrect. We received a letter from Joe Holland
who is the attorney for the applicant and I think we've all read that
information or I trust that we had. We had some information that
wasn't correct. We have that information now. If anybody would like
to add to those remarks from the public hearing I would certainly
entertain that.
Kanner: Well I had a question for if one of the residents wanted to answer this I
would appreciate it.
Lehman: Okay.
Kanner: I think they did answer it in part, but we got a memo about HUD
market rates and a survey of current prices and we're told that one of
the reasons that it needs to be rezoned is to make it more economically
viable - that it's not being filled up and that rents are being offered
below market rate. Here we're told that HUD market rate is for 2
bedroom, $516 a month and in 1999 the average price downtown was
$585 a month figuring that might have gone up 5% or so - $30 - so
maybe $615. Is that the rent that...are people paying less than that
amount? If someone could come to the microphone I'd appreciate
that.
Richard Twohy: My name is Richard Twohy. I'm resident manager at Heritage Manor
the property under consideration. The rates presently are for a two
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bedroom $790 and for a one bedroom $670. And well I guess those
figures speak for themselves.
Lehman: Okay.
Kanner: Joe do you still...were you representing the applicants? Do you still
stand by your statement before?
Joe Holland: I do. I don't think the results of what the Council has received in that
memo are necessarily statistically valid. What I'm going to hand you I
don't know are statistically valid either. These are figures I
downloaded from websites of local property owners advertised in the
Daily Iowan or other sources in the Iowa City area. IfI might I'd like
to give one of these to each of the Council members. Obviously
there's a wide variation in what somebody might call market rent.
These properties are as I said there's not necessarily a statistical
sample. They represent what's out there on websites where I could
validate the information as opposed to using anecdotal information.
Some of these projects are one where the City has had a role in
bringing these projects to fruition through various ways - through tax
abatements, tax increment financing. Some of them are open market.
All of these are significantly higher particularly when you look at
what's included in the monthly rent. If you look at Heritage Manor
and then you compare this to other properties where prices are $200 to
$300 a month higher for efficiency apartments which are much smaller
than the ones at Heritage Manor. Certainly not scientific, but certainly
I think an illustration of what we're talking about when we talk about
being below market rates. The other thing I want to say about this is
quite simply is we try to do the right thing in coming to the City in
asked to have this rezone& The Clark's would have walked away
from this 10 years ago, converted the first floor of this property to
commercial and ceased operating this property as elderly housing.
They can do that tomorrow. You should understand the leases on this
property have a 60-day termination clause both for the benefit of the
tenant and for the benefit of the landlord. The right thing to do is to
rezone this to give the flexibility to fill those vacancies. This building
has never been full. The vacancy historically has rrm from 14 to 21
percent throughout the life of the project - that's 19 years. There was
no restriction on this property after the first 10 years that there be any
elderly in the building.
Kanner: I'm sorry could you repeat the restriction. I missed that - what you
just said.
Holland: The financing for this project had a provision in it that required that for
what's called the qualified project period which is a lengthy complex
definition of the documents, but it basically amounts to 10 years after
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the building is first occupied. During that period of time there's a
requirement that 75% of the property be occupied by elderly. There's
also a commitment made that a portion of the building would be
occupied by persons receiving Section 8 supplement or people of low-
to moderate-income. Those were honored well beyond the necessary
period. They're still being honored today. It's the intention of the
Clark's to honor those beyond today. However, they're not prepared
to cope with the ongoing vacancy rate in the same amount. There has
to be a change in the property. I guess that's the long and the short of
it. And that's just kind of the way life is that City water goes up, taxes
go up, insurance goes up, cost of operation goes up continuously. The
rates on those 2-bedroom apartments have not changed in 7 years.
And if you notice those include utilities. Those include parking in the
garage. It is a good deal for the people who live there comparatively.
The problem is because of the vacancy rates has been uneconomical
and the reason this zoning is requested was not to remove the people
that are there. The reason it's being requested is to give enough
flexibility to fill up those vacancies because right now you can't use
that property for anything except elderly housing unless you vacate the
entire building, remodel the first floor and then use it for whatever
housing will eliminate the vacancies. And that's why we're here - to
try and do the right thing. And that's why we want to rezone and
hopefully the Council will do what we see as the right thing.
Kanner: Wait Joe if you changed the first floor you said you'd have to vacate
the whole building?
Holland: I don't think it's feasible to remodel the building - the first floor of the
building - has to be shut down. I don't know how people would
access the second and third floors while the remodeling is underway.
It's a practical matter. I think probably what will happen is because
the first floor will probably stay vacant because there's so much empty
first floor vacant space the upstairs is going to be rented for the highest
possible rent that can be obtained and that's probably going to exclude
the elderly. It will exclude Section 8 tenants. And that's the
economics of what's going on here. So in a way I know there's this
urge to try to preserve elderly housing. The best way to do it is to
rezone it. If it's not rezoned I don't know how soon or when, but
there's going to be probably some major changes at that property.
Kanner: You said it's been vacant for a long time - a lot of vacancies - how
come it wasn't changed earlier to first floor commercial?
Holland: That was the owner's decision to do that and I guess finally they had
enough. As I say you've seen what's happened to City water rates in
the last five, 10 years. They've gone up. They've come down a little
bit, but they've gone up substantially. I can tell you a little bit about
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what's happened to insurance rates. You may have seen....some of
you may have seen that in your homeowner's insurance premiums
where they're doubling, tripling. The same thing is happening on a
commercial level. Property taxes have gone up significantly since the
state freeze on property tax has dropped off. Times change and costs
of operation go up and this is the point in time where the owner chose
to do that.
Kanner: And what's the vacancy rate?
Holland: Right now...well you can look at it any month. Historically it's been
14 to 21%. Right now I believe it's in between those two. I believe
there's five units rented. There's one I think coming vacant at the end
of the month. I mean you never know when it's going to be vacant.
So you look at the historical figures. But right now it's at that
historical average. Any other questions I can answer for the Council?
Lehman: No, thank you counsel.
O'Donnell: Thank you.
Twohy: My name is Richard Twohy as it was before, resident manager at
Heritage Manor. The information is incorrect about the utilities. We
pay electricity. The building is steam heated so that is included. Each
of the units is air conditioned by a window air conditioner. And my
electric bill which is generally about the $38 to $40 a month for the
two hot months last year was just short of $150 each of those two
months. I don't know how long it's been - maybe ever - since the
window air conditioner units were upgraded. But that's an issue for a
person - something to be expected in terms of the rental cost. It
should be remembered that the Staff- City Staff- in its written report
to the Zoning Commission said that the economic issue of the
applicant was not a sufficient reason in their opinion for a change of
zoning. Shelly McCafferty appeared at the Zoning Commission for
April 17th and according to the minutes said that the comprehensive
plan supports diversity of population. There are also services for
seniors in the downtown area and it is near mass transit. So for that
reason McCafferty said that Staff felt that the applicant's reason for
rezoning was not compelling. And then went on to say that it was
because in reviewing the 1992 near Southside neighborhood
redevelopment plan adopted as part of the comprehensive plan and
because of adjacent land uses Staff felt there were sufficient reasons to
approve the rezoning. But it's significant that Mr. Holland declared at
the last...the prior session here as well as today that the central reason
is the economic one. But I think it's equally arguable that the rental
has not been appropriately marketed. And we tenants have offered to
help market the place because we think that the place is...it really is
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quiet, civilized living, a wonderful place to be. And there is a sense of
community there that we tenants feel strongly that if the word gets out
to elders and to people who are used to quiet living including the many
graduate students. It can be made full we think without a zoning
change and we're willing to help. May I offer each member a
document?
Lehman: You may, but this isn't...I don't mind adding to the public hearing, but
we've had a public hearing. If someone has something different to
present that we haven't had an opportunity to see I would be...I would
certainly welcome that. But...pass that around. That's fine.
Twohy: Thank you very much.
Lehman: But I would like the public to limit their comments to things that we
have not heard at the public heating because I think we need to move
on with this.
Kanner: While you're passing that out Rich I'll ask a question and perhaps you
could answer. I'm leaning towards not doing the rezoning. I think it's
appropriate for our comprehensive plan the way it is now. But I'm
worded. What I heard as a bit ora threat frankly about booting
everybody out. That's what I heard. And I don't want that to happen
and it sounds like that's a real possibility and I wonder how you react
to that. Do you want us...if we rezone it sounds like that's not going
to happen - that you won't be booted out. But if we keep it the way
we have it I think there's a real possibility we heard that you'll all lose
your leases after 60 day notice and that concerns me.
Twohy: I've heard the same (can't hear) as well Steve and I've talked to twice
now in these last two days with Jim Clark. My understanding is even
with the rezoning - with or without it - apparently it's up to the owner
to decide to do away with their elderly accommodation anyway. So
that's my understanding from the work session last night.
Lehman: Richard that's not totally true. In this community it's illegal to
discriminate based on age and he not any other landlord cannot refuse
to lease to someone because of their age. He cannot come in and evict
you because you're older.
Dilkes: Unless you've got elderly housing.
Champion: Right.
Dilkes: Which is the flip side of what we're talking.
Twohy: It was a surprise to me to learn at the work session last night at the
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Council that apparently there is no provision within the City laws to
encourage or to support elderly housing - that is there is no
requirement. It's a market issue is what Karin Franklin said last night.
That is a concern to me because of our City's general concern about
diversity and secondly that ifI heard correctly if you have a portion of
the building set aside for elderly housing than the entire building must
be elderly housing. It seems to me that there must be some kind of
flexibility in those roles as well. Otherwise you see a situation like
this where without discrimination at all, but simply for market reasons
a safe haven like this can be lost. The current situation in any event...
Lehman: You need to wrap this up though.
Twohy: May I finish sir?
Dilkes: I'm sorry for the record there's just a number of misstatements Mr.
Twohy and we can correct those and Karin can come up. We don't
have to, but...
Lehman: Well I think we need to move along...
Twohy: Okay I'm concerned because my people have not been given adequate
notice. I don't know who to blame - perhaps it's not a blame issue -
but my people once again have not had adequate notice about what
even the roles are. We came and I heard the City Attorney say last
session that she was going to report to the Council back on her
research on an issue before the Council voted, but I don't know what it
is.
Dilkes: There's information in the packet about that. We corresponded with
Mr. Holland and corrected the problem and that is in the packet.
Twohy: Well it would be wonderful if we citizens could get a copy of the
packet and we certainly would like to and to be able to participate to
the modest degree that a citizen can in a decision that affects our lives.
The functional fact now is that Mr. Clark and I have agreed we're each
going to put pen to paper and get together hopefully before the
Council's...the next session on this to come up if we can with an
agreement that could run with the land that will meet the needs of both
the current tenants and the owner. And I know it would be helpful if
there were a nod or something from Mr. Clark that that is in fact what
we'll be doing. No. The answer is no. Perhaps you could...
Lehman: Listen we really need...this has been long enough. We really need to
move along with this Richard.
Twohy: Perhaps I'm wrong, but my people are wondering what's real and we
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talked this very afternoon and said...
Lehman: Let Joe... Joe would you...
Holland: Mr. Mayor ifI might correct some of these mistaken statements. First
of all this letter from City Attorney Mr. Twohy has a copy of that
letter. He knows full well what's in that letter. It was no surprise to
him tonight that...to find out the opinion was different. No we're not
going to enter into an agreement that runs with the land. Yes there
have been discussions about a number of things. One is establishing
this as a quiet house - having a provision in the lease which contains
stronger than usual language about keeping the place quiet and
consideration to elderly that we hope will remain there. Number 2
putting in security cameras in the hallways so it will be a secure
building to live in. Three - minimize the impact on rent for the elderly
that are currently there. Perhaps putting in a CPI escalator. I think it's
time for the Council to discuss this. It's hard to sit there and listen to
some of these discussions and recognize that we've tried to be open,
tried to be honest. We obviously have our own position on it, but
there's been enough information. I hope you can rely on your City
Staff, Ms. Dilkes, Ms. Franklin rather than misinformation. I also
want to make one point. This came up at the public hearing. There
were people from the building at the heating for the Planning and
Zoning Commission. If you've been one (can't hear) hearings she
holds those public hearings open an excruciating length of time. Not
one person got up and spoke against this - not one. I saw residents
there that are here tonight nobody said anything.
Twohy: Because they couldn't hear in this room.
Holland: That's not our problem. And my point is we've done everything we
can to have meaningful input and to have discussions with people in
the building and I don't know if we can say a lot more than I've
already said.
Lehman: Right.
Twohy: May I respond by pointing out that there is misinformation coming
from Mr. Holland as well with regards to utilities and so forth.
Lehman: We're not going to argue this because this really is a zoning issue not
an economic issue.
Twohy: That's right, but I think the Council also and I know that you are
paying attention to the concerns of the residents as well.
Lehman: As much as we possibly can.
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Twohy: Right.
Lehman: Thank you. We're going to take this comment and then we're going to
have the Council discussion and then we're going to vote.
Charlotte Walker: Okay. I thank you for letting me speak. My name is Charlotte
Walker. I live across the street from the 400 South Dubuque Street
and I'm really concerned about the elderly people that live there and
call that their home.
(End of Side 1, Tape 03-56, Beginning of Side 2)
Walker: ...place in downtown Iowa City that people with higher income can
live in a senior only building. Some of us...I live across the street in
Kindle House and I have a nice, quiet building. I know what it's like
to live next door to a student building. It's just chaos at night
sometimes. But if we had them in our building...I mean it's just not a
compatible mix of people to have young people and very.., some of the
people in Heritage Manor are near 100 years old. There's some very
elderly people and we need to protect them. And so I had much more
to say, but I am going to keep this brief and hope...and let you listen to
your heart on this. Think about the people in that building more so
than the profits of this landlord. I heard Mr. Holland say which is so
despicable it about made me have a stroke right on the spot when I
heard it on the television. He said that one reason they don't like to
rent to elders is because they can't predict when they're going to leave.
My god. We might die right on the spot. I could die here. You know.
Boom. Because I'm 71 years old. I don't know how long I'm going
to live. But I don't want to be pushed out of housing because they
can't predict when I'm going to die. So I just ask you to listen to your
heart. This is...it's not only important to protect the lower income
seniors. We have to protect the ones with a little bit more income.
They have a nice place to live. They can walk to the Senior Center.
They can walk to the post office, walk down to the ped mall. It's a
wonderful place for senior citizens. And so we need this senior only
building kept for those people. And if you can find a way to do it I
hope you will. But I'll end with just one more point a landlord always
has the option of raising his rent because of his expenses - his taxes,
maintenance, whatever. You can raise those rents. And he's not
obligated by any funding source now. You heard them say that. So
it's a false excuse to say that they are keeping the rents down...or have
to keep the rents down because they don't have to. So thank you very
much.
Lehman: Thank you Charlotte. No, no, no. Council is going to discuss this.
We had the public hearing a month ago. I'm sorry.
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Dilkes: I'm sorry, but you know we talked about this before once you start a
new public hearing I think you got to let people have a chance.
Lehman: Okay fine. We'll take one more.
Maxine Simon: I'm Maxine Simon. I wanted to talk a little bit about the security
issue. If they start allowing students to come in you can run into
substance abuse, drugs, use of alcohol and there's lots of this stuff in
Iowa City. And the building won't be secure because there will be
more students with students going in and out. So there will less safety
for the older citizens. And I'm also concerned about the noise. To
older people being quiet is very important. I also want to say I don't
know that lady - Charlotte I guess had talked just before me. She gave
a very good, very good talk. Thank you.
Lehman: Thank you. Council discussion.
Kanner: Well I think either way they can boot people out. Whatever way we
vote they have a 60 day lease. And I think the zoning is appropriate
for what it is now. And I would recommend actually to the residents
to organize a tenants' union and do what you can with that. There's a
number of cities across the country that do that kind of thing (can't
hear) power the residents. And I'll work with you on that. I don't like
the threatening tone of the applicant there because I do think the CB-2
at this time is probably the best bet. And if the applicant wishes to
change to commercial that is his right on the first floor.
Champion: Well I think also this Council sometimes becomes confrontational with
people who are asking for changes. And I think a lot of the behavior
people who come from (can't hear) are reacting to what's going on up
here. I've never heard the applicant say that they wanted to kick
anybody out of this building. I think they specifically said that they
would everything they could to keep the people there who are there.
And I believe them. And maybe I'm a Pollyanna, but I do believe
them. I think also that it would be nice to have some mixed ages in
that house. I agree with you I don't think you want young students
who are into partying, but there are a lot of students out there who are
not using drugs, who are not using alcohol, who are diligent about
their students and also would like a quiet place to live. And I
definitely hope that Mr. Clark will come up with some kind of lease
that would make sure that anybody who rented that property would be
a quiet graduate student, an older student. I wouldn't necessarily have
to be a student. There are people out there who also like a quiet place
to live. And I'm sorry you all feel like he's trying to put you out. I
haven't heard that at all. I am going to support it. I think it's unfair to
ask people to keep property at a level that it's not feasible. And I
would hate to see that building demolished in order to get commercial
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stuff downstairs and whatever they want...apartments upstairs. So I'm
going to support it with the hope and desire that the Clark's mean it -
that they're going to try to work with the tenants to make sure the
building remains quiet in the...and certainly you can stay there. And I
think he'll do that. He's getting older too.
Lehman: You know I think if I'm not mistaken that property is I believe 19
years old. If the vacancy rate is between 14 and 21 percent over a
period of 19 years and I don't question for a heartbeat that that's a
wonderful place to live. But 14 to 21 percent vacancy is something
that is not basically tolerable. And this really is not an economic issue.
This is a CB-2 zone surrounded by PRM. And I suspect that if Mr.
Clark or anybody else came in and asked the Council to change the
zone for an economic purpose where the zone was not appropriate that
no one would make that recommendation nor would it be approved by
Staff, recommended by Staff or approved by p&Z. But this is a
logical zone for that area. The economics of that I think are
secondary. If it were not an appropriate zone I don't think it would
ever been recommended to us in the first place regardless of the
economics. We have laws in this town and I suppose around the state
we cannot discriminate against folks based on their age. So anyone
can rent there, and from an occupancy standpoint if you can't afford
to maintain a property with a vacancy rate of 14 to 20 percent you will
change that property to commercial on the first floor and then you will
have apartments...you may have the whole first floor empty, but if you
fill all the rest of the floors you're going to be money ahead. And I
don't think that leaves a whole lot of choice for Mr. Clark. So I will
also support that because it's a natural thing for that zone.
Kanner: Ernie...
Vanderhoef: Well I'm going to...
Karmer: There is CB...other surrotmding CB areas around there.
Lehman: There is some in the area, but not surrounding.
Kanner: Yeah surrounding. I believe touching it.
Lehman: No.
Kanner: And public area too.
Lehman: But that's not CB-2.
Karmer: But you said it was all PRM.
Lehman: CB-2 sticks out in the middle of PRM. It's PRM on three sides of it.
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Dilkes: There's CB-2 to the south.
Lehman: To the south. But three sides of it. It is a finger that sticks up into the
middle of PRM zone.
Kanner: And CB-2 off to the side here. And then there's public here.
Lehman: To the south there's...
Kanner: And to the west I believe too.
Lehman: Anyway. Other discussion?
Pfab: I would just like to make a comment. I think it's one of those
Solomon issues you can't cut the baby in half. But I don't think
there's any pleasant decision no matter how you look at it. It's a fact
of life that it is as it is. I'm going to support the change and I don't do
it with any great enthusiasm. But I don't think the owner came with
any great enthusiasm (can't hear) change either.
Vanderhoef: Well I'm going to support this. CB-2 as I understand it 20 years ago
was to accommodate some zoning needs around the near downtown
where there had been building conversions and there were people
living in...they were sort of a work/live properties. Some of them I
believe are up on Market Street or Jefferson Street - up in there - a few
of those homes. So it fit at that time. It was also a time that they were
starting to think about doing something on the near Southside. It took
another 10 years or so for the near Southside plan to be put together.
And in my mind when I look at that building and know that we have in
the comprehensive plan talking about using high-density residential in
that area and the fact that that building sits with properties all around it
that have been developed other than commemial and we have more
identified where the commercial will be in the near Southside
primarily along Burlington Street and maybe the first block in and also
along Gilbert Street. So it makes sense to me at this time as we look at
the whole rewrite of our comprehensive zone that we're going to be
eliminating this CB-2 or quite likely I should say eliminating CB-2
and whether we rezone it this moment or whether it might be 3 months
or 4 months whenever we get that plan I don't see that it makes that
much difference. And I think it is in keeping with the comp plan. I
have sympathies for and I hope that it will be continued to be a quiet
living space and that seniors will be there because I too wish to have
market rate senior living in the downtown area. And so I have those
sympathies, but I will be supporting the zoning change.
Wilbum: I didn't hear any direct threats from the applicant as was implied, but I
think as you were saying Ernie that the fact of the matter is we don't
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make this change then at some point the owner is going to make
something that will be in his best economic interest. So I'll go ahead
and support the change. It sounds like while there may be some
misunderstanding that there has been conversation at least listening on
the applicant's part to some of your concerns. I would encourage you
to keep...continue talking with him. And you had talked about
marketing. I don't see why that couldn't continue. I'm sure that if you
come up with a handful of folks regardless of who they are, what age
they are, that he would take the income. So...
Kanner: I just wanted to confirm something. PMR they would have to have
more parking spaces?
Dilkes: I think the - Karin correct me if I'm wrong - but you need more
parking spaces for non-elderly housing than you do for elderly
housing.
Franklin: Correct.
Kanner: Okay. that's another reason I think it would be better to keep it the
way it is especially with a big parking ramp that's going to go right
next door. I don't think it's good for that area to have even more
parking spaces.
Lehman: I don't think there is more parking available. It has to be in the ramp.
It won't be on-site. I don't think...
Kanner: For PRM?
Champion: Yeah.
Lehman: There's no room on site for it.
Dilkes: That's a possibility given our parking impact.
Lehman: Right. Other discussion? I just have to say this because I've been
thinking this all along. I cannot believe that this building isn't full of
really fine folks who live there, good tenants. I also can't believe that
Mr. Clark is not a good, reasonable landlord. And that the folks who
live there have every reason to expect that they will continue to stay
there and continue to enjoy the quiet living. And my guess is that Mr.
Clark who I think is a very astute landlord will see to it that whatever
tenants move into that property will be compatible with the folks who
are already there. Roll call. Motion carries, 6-1, Kanner voting the
negative.
Kan': Motion to accept correspondence.
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O'Dormell: So moved.
Wilburn: Second.
Lehman: Moved by O'Donnell, seconded by Wilburn to accept correspondence.
All in favor? Opposed? Motion carries.
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#5c Page 25
ITEM 5c. PLANNING AND ZONING MATTERS.
c. CONSIDER AN ORDINANCE AMENDING THE PLANNED
DEVELOPMENT HOUSING OVERLAY (OPDH-5) PLAN
FOR THE PENINSULA NEIGHBORHOOD BY AMENDING
THE PENINSULA NEIGHBORHOOD CODE AND
REGULATING PLAN. (REZ03-00016) (SECOND
CONSIDERATION)
Dilkes: I'm sorry Emie. Could we go back to c for minute?
Lehman: Yes.
Dilkes: There was noted in the comment there was a request that that be
expedited by the applicant. If the Council was...intentionally didn't
expedite then we can move on, but I wanted to bring that to your
attention.
Lehman: We tried to expedite and you told us that was with second
consideration.
Dilkes: No, that was one before.
Lehman: Oh.
Dilkes: This is the peninsula.
Lehman: Oh.
Dilkes: So I think if there's interest in...I mean if it was intentional than we
can move on.
Lehman: Oh no. I don't think it was. Is there interest in expediting Item c?
Champion: Sure.
Pfab: yes.
Champion: Yes.
Dilkes: I think what you need then is a motion to reconsider.
Lehman: We need a motion to reconsider item c.
Dilkes: By any of you. It was a 7-0 vote.
Lehman: Moved by Pfab.
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Champion: Second.
Lehman: Seconded by Champion to reconsider item c. All in favor of
reconsideration. Opposed? Motion carries, 6-1, Kanner voting the
negative. Now do we...?
Dilkes: Just do like you normally would to collapse.
Lehman: Now do we have a motion to approve item c?
Wilburn: Move that the...
Dilkes: Well you need...yeah there you go.
Wilburn: Move that the role requiring that ordinances must be considered and
voted on for passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended; that the second
consideration and vote be waived; that the ordinance be voted on for
final passage at this time.
Vanderhoef: Second.
Lehman: Motion by Wilburn, seconded by Vanderhoef for expedited
consideration. Discussion? Roll call. Motion carries 6-1, Kanner
voting the negative.
Wilbum: Move that the ordinance be finally adopted at this time.
Vanderhoefi Second.
Lehman: Moved by Wilbum, seconded by Vanderhoe£. Discussion? Roll call.
Motion carries 6-1, Kanner voting the negative.
Pfab: I'm glad that was brought up.
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#7 Page 27
ITEM 7. A CIVIL PENALTY OF EITHER THIRTY (30) DAY RETAIL
CIGARETTE PERMIT SUSPENSION OR $1,500.00 AGAINST
DELI MART #2.
Dilkes: On item 7 Deli Mart has waived their fight to hearing and made the
$1500 payment so we just need you to do a resolution accepting
waiver of the hearing and payment of the $1500 penalty.
Champion: So moved.
Lehman: We have a motion to that effect from Champion.
O'Donnell: Second.
Lehman: Seconded by O'Donnell. Discussion? Roll call. Motion carries.
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ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES
AND PENALTIES" OF THE CITY CODE TO INCREASE THE
FINE FOR PARKING TICKETS, INCREASE MONTHLY
PARKING PERMIT FEES, AND CHANGING THE PARKING
TICKET ESCALATION. (PASS AND ADOPT)
Lehman: (Reads item).
Karr: Mr. Mayor that's the one that you passed and adopted last night. You
don't need to act on that one tonight.
Lehman: Oh, I'm sorry.
Kart: I'm not.
Lehman: Sorry I didn't catch it. That's why you're keeping track of me Marian.
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ITEM 9. CONSIDER AN ORDINANCE AMENDING ORDINANCE NO.
00-3947, PROVIDING THAT GENERAL PROPERTY TAXES
LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED
SYCAMORE AND FIRST AVENUE URBAN RENEWAL AREA
OF THE CITY OF IOWA CITY, COUNTY OF JOHNSON,
STATE OF IOWA, BY AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF
JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT,
AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL
FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON
LOANS, MONIES ADVANCED TO AND INDEBTEDNESS,
INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED
BY SAID CITY IN CONNECTION WITH THE AMENDED
SYCAMORE AND FIRST AVENUE URBAN RENEWAL
REDEVELOPMENT PROJECT (PASS AND ADOPT)
Lehman: (Reads item).
Vanderhoef: Move adoption.
Champion: Move adoption.
Lehman: Moved by Vanderhoef, seconded by Champion. Discussion?
Pfab: I have one question. No where here does it say that the tax collected
will be rebated (can't hear) and I was wondering how they resolve
that.
Lehman: I think we deal with each one of those on an individual basis.
Franklin: Each project.
Lehman: Each project it has to be approved. All we do is...
Franklin: This ordinance just allows for the tax increment financing revenue
collection. The rebate is through the development agreement we have
with the individual development project. So this isn't' about the
individual development project at all.
Pfab: Okay. No problem. [gut when I look at this...when I read it through it
says...
Franklin: What it allows us to do is to collect those taxes that would normally go
to the school district and the county for this area and use them for tax
increment financing purposes according to state law.
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Pfab: What puzzled me was paying principle interest on loans, monies
advanced...
Franklin: I understand. Yeah.
Pfab: So in other words...
Franklin: It's some boiler plate language from the state that we get from our
bond counsel and that's what this ordinance does is it enables us to
collect that revenue.
Pfab: So basically the way this is worded it just used to...in case bonds are
issued it's just to pay those off.
Franklin: That's correct.
Vanderhoef: And it would also be wouldn't it for any public use.
Franklin: Yes.
Vanderhoef: So we'd certify in December or...
Franklin: Right.
Vanderhoef: ...whenever it is and to do a public project if we were going to do
streets or something like that.
Franklin: And all those possibilities are outlined in the district that was adopted.
Lehman: Okay. Roll call. Motion carries, 6-1, Kanner voting the negative.
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#11 Page 31
ITEM 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE
AREEMENT FOR THE TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, THE
MOEN GROUP AND TERRAPIN BREWERY, INC. D/B/A
TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK CAFI~.
Lehman: (Reads item).
Champion: Move adoption.
Wilbum: Second.
Lehman: Moved by Champion, seconded by Wilbum. Discussion?
Champion: Well I'd just like to say that I think the sidewalk cafes have been a real
plus for the downtown and citizens of Iowa City are really enjoying
them.
Lehman: Roll call. Motion carries.
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#13b Page 32
ITEM 13b. COUNCIL APPOINTMENTS
b. Police Citizens Review Board: One appointment for a current
or former Peace Officer to fill a four-year term September 1,
2003 - September 1, 2007. The City Council also reserves the
right, for good cause shown, to waive the requirement that the
Board include one current or former peace officer as that term
is defined by State law. (Term expires for John Watson) (3
males and 1 female currently serve).
Lehman: Police Citizens Review Board we did have an application and we
agreed last night to appoint Candy...
Vanderhoef: Barnhill.
Lehman: Barnhill. I didn't write that down. Do I have a motion to that effect?
Dilkes: And I think as part of that motion you need to waive the requirement
that the board include a current or former peace officer since you do
have an applicant that meets that and state your reason why.
Lehman: Who made the motion?
O'Donnell: Vanderhoef didn't you?
Wilburn: Even if we're not accepting that person we need to do that?
Dilkes: No I think you need...you need to say what the good cause is for
waiving the police officer appointment.
Champion: I move we waive the requirement for a peace officer on the Citizens
Review Board at this point because we had a good applicant from
town that was not a police officer. And the police officer applicant
was also a very good applicant, but lived in North Liberty.
Karmer: Other reasons are...
Dilkes: Yeah I think maybe Steven is going to do this, but you can waive the
residency requirement so I think what your discussion was last night
was based on his being a former member of this.
Champion: Former member of the Iowa City Police Force. Right.
O'Donnell: Okay I'll second that.
Lehman: We have a motion and a second. Is there discussion?
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Karmer: Also...I think those are valid reasons and again it was a good
applicant. Also I think it's important to have more women on there.
That it was dominated by men and so I think...
Champion: Another good reason.
Lehman: Okay. All in favor? Opposed? Motion carried
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#14a Page 34
ITEM 14a. ANNOUNCEMENT OF VACANCIES.
a. Current Vacancies.
(1) Police Citizens Review Board: One vacancy for a current
or former Peace Officer to fill an unexpired term ending
September 1, 2005. Thc City Council also reserves thc right, for
good cause shown, to waive the requirement that the Board
include one current or former peace officer as that term is
defined by State law. (Pending vacancy for Bev Smith) (4 males
and 0 female currently serve).
Lehman: Do we still have...is there another vacancy on the PCRB.
Champion: Yes.
Karr: There's one coming up.
Lehman: (Reads item).
Dilkes: Can I interrupt for just one minute?
Lehman: Yes.
Dilkes: On this PCRB issue the appointment of a police officer. I think you as a
group need to talk about that because we're getting applicants from
former members of our police department. If those are not going to be
acceptable it may be...we should amend the ordinance rather than each
time having to waive the police officer requirement for that reason. I
mean ifa former member of the police department who applies thinking
there is going to be some preference given that he or she is a police
officer that expectation shouldn't be out there if we're just going to do
this every time.
Lehman: Can we do that...put that on a work session?
Dilkes: Yeah.
Lehman: Okay.
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ITEM 15. CITY COUNCIL INFORMATION.
Lehman: City Council information. Irvin?
Pfab: I'd like to set...bring up an issue I'd like to see it handled at a work
session it regards the City vehicle towing and service.., storage service
contract that was bid and the bid was accepted. But I believe that
we've got some problems that bother me quite a bit. So I would be
happy to have this brought up at a City work session.
Lehman: Eleanor?
Dilkes: You may not have seen it, but there is a letter from Andy Matthews of
my office to Jon Pearce who represents the company with the towing
contract currently addressing the issues. We have spent a considerable
amount of time on these towing issues. There are certainly different
positions by them, by us and by the towing company who last had the
contract. And as stated in Andy's letter our recommendation would
not be to re-bid. But I wanted to make you aware of that and now you
can have your discussion about whether you're going to put it on the
work session.
Pfab: I believe that there's enough questions there that I think it definitely
warrants some work at a work session. Steve brought up to us.
Lehman: I think those are legal issues that are best left to the City Attorney's
office, but is there interest in this being placed on a work session?
Pfab: This gets fairly complicated.
Lehman: I know that which is another reason why I think that the City
Attorney's office is the appropriate place for it. Is there any interest?
Kanner: Well if there's concern it might be worth taking another look at it by
our legal department and have (can't hear).
Lehman: I think we just did.
Dilkes: We've taken a long look at this already. Maybe I can suggest this.
Why don't you all read Andy's letter to Mr. Pearce and maybe if
you're still interested you can talk about it next time about a work
session.
Lehman: Okay.
O'Donnell: Good idea.
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Lehman: Alright.
Pfab: Then I'd like to offer these adoptions as correspondence. Can we get a
motion to accept these as correspondence?
Vanderhoefi What are they?
Pfab: Letters back and forth. I've been in touch with these people and
they've asked me to help them out. And I believe we've got a problem
here and there is a solution. It's not hard. But I think we definitely
have a problem.
Vanderhoef: Has the Attorney's Office seen those letters?
Pfab: I think most of them they have. I don't know. So that's why I want to
submit them.
Dilkes: I don't know what the letters are.
Vanderhoef: I don't either.
Lehman: If we just submit those to Marian will they appear in the next packet?
Marian wants to get them in the next packet. Okay.
Champion: Move to accept the correspondence. Do we have to move that?
Kanner: Second.
Lehman: Well that don't make any difference. We have a motion and a second
to accept correspondence. All in favor? Opposed? Motion carries. Is
that it?
Pfab: That's it.
Lehman: Connie?
Champion: I'm fine.
Lehman: Mike?
O'Donnell: Nothing.
Lehman: Dee?
Vanderhoef: Nothing.
Lehman: Ross?
Wilburn: Congratulations to the winners of the Johnson County Tobacco
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Coalition Anti-Smoking...Anti-Tobacco advertisements. There's
some real creative advertisements...television ads that were put on by
some junior high, high school and college age students. They were
real creative. They showed them Sunday over at the business school.
So well done. Also just congratulations to the successful Pride
festival. It looked like you folks had a good time.
Lehman: Okay. Steven?
Kanner: A few things. First in our info packet we got a copy ora 6-17 memo
from Dale to the firefighters' union and I appreciate that. And I
thought he made some good points in regarding the financial risks that
the firefighters' union made - some of the points that they made. They
talked in regards to the Houston fire death investigation. And Dale
pointed out that what's called NFPA 1710 which are guideline for
adequate staffing was not cited. And there was no litigation resulting
from this. And Houston still does not meet those 1710 guidelines.
And for the City of Iowa City the 1710 standards is not enforceable. I
think they are a goal that we want to work towards. And I think we're
all trying to do that. And some of that has to do with financing to get
the staffing that is requested by the firefighters' union and by the 1710
guidelines. But we don't live in a perfect world with all the funding
that we want. But as it was pointed out we do have good firefighter
coverage. I think we all understand that. I do appreciate this exchange
of information. I think again it's good for the City government and if
there's a response from the firefighters' union that would be
appreciated. But thank you to everyone for the correspondence in
regard to that. Also maybe this is a question for Marian. In the
preliminary airport committee minutes that was in the info packet
normally we get more extensive minutes and this one was rather short
and inconcise and I was wondering if there was a reason for that that
you know of?.
Karr: No. I take what's submitted.
Kanner: Okay.
Lehman: That was like an agenda.
Kanner: It was just the agenda and one of the reasons that we wanted to get
those minutes ahead of time is to be up-to-date instead of having to
wait a couple months. And this...these minutes really didn't tell us
anything and I was wondering if someone could just ask what...
Kart: We certainly can communicate. There was also a suggested format for
minutes to come to you and we certainly can give that information to
Staff as well. Follow up.
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Karmer: Okay. Thank you. And in...I'm sorry I didn't remember what we
decided to do with the National Housing Trust Fund.
Champion: It's going to be on a work session.
Lehman: It's going to be on a work session.
Kanner: We're going to have that on a work session.
Lehman: Right.
Kanner: Okay. That's good. And a couple things regarding the Police Force.
We did have a memo from the PCRB - Police Citizens Review Board
regarding detainees who are handcuffed. And Steve asked the Police
Chief to look into that and we did get a reply. And I was hoping that
we would get more in that reply. It was rather short reply saying...the
remark from PCRB was that would like to know what the training is in
regards to handling people with handcuffs so that they're not put in
further danger - detainees by the Police. And the reply from the
Police Chief is we do training. I guess if that is the case was it
followed would be my natural follow-up question that was not really
answered. Was that training followed?
Atkins: To the best of my knowledge there wasn't any further complaints on
the part of the officer or the individual. I can find out for you.
Kanner: Well the PCRB was making I think the inquiry as a result of a
complaint.
Atkins: Yeah. I thought I answered it, but I can embellish it.
Kanner: But he said...basically what I saw is that we do the training. And it
seems to me that we want to follow-up a bit on was the training
followed. If not, why not or what is the training. Is it adequate?
Maybe it needs to be done in abetter fashion. I think some of the
things that I would be looking for.
Atkins: Qualitative things such as adequate, better fashion - those arc tough to
answer. I mean we have training standards at the academy, mobile
training system that we participate in for the other departments. I'm
just...I mean I can certainly get you more information.
Dilkes: I think the PCRB evaluated that particular situation. I think maybe
what Steven is interested in is an explanation of what the training is
with respect to that issue identified.
Atkins: That's easy enough to get. Yeah. I mean the questions of adequacy
are (can't hear).
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Karmer: Well and did they follow the training. I don't know if that was
answered in the memo from the Chief.
Atkins: To my knowledge they did, but...apparently it was too short a
response. Again we can certainly embellish that. That's not a
problem.
Kanner: Thank you. And then another concern was get a report on Use of
Force every month. And most of the use of force seems reasonable
with what the police are dealing with. There was one concern I had in
the last May report. This was for May 2003 concerning case number
3-24630, officer number 36 quoting "the subject tensed up as he
became verbally and physically aggressive towards the officer. The
officer place two (spelled t-o, but I believe that was a mistake) fingers
on the subject bronchial notch and directed him to his seat." And I
asked Steve about this. And he says that the bronchial notch was a
misnomer and is actually a jugular notch pressure point. And that this
is one of the control techniques that are taught. I just have some
concerns with that technique. I know in other cities...actually I don't
know what the technique is that was used and I'd like to find out more
about that. But if it's grabbing across the throat there have been a
number of deaths across the country of police officers grabbing
people, cutting off oxygen. And it just worries me when that is being
used. I've not seen that before and I'm wondering perhaps that is the
correct term. That maybe it was a bronchial notch and then later
saying it's a wrong term. I would just like some further information.
It seems that it's worth checking into and if it's the technique that's
used then perhaps there's some possibility of danger to human lives.
And there's other ways that police officers can protect themselves I'd
like to look into that. SO I don't know if Council is okay with that if
we get a further memo from the City Manager or just want to drop it at
that.
Pfab: Steve, are you going to follow up on that?
Atkins: Steve's addressing you all.
Lehman: I mean is this a commonly accepted procedure?
Atkins: It's taught at the academy and it is not a choke hold. I was assured of
that. I did ask that specific question. And the individual was being
placed in the back of a car and chose to fight. And evidently place
your fingers on a certain part - I'm doing this very badly - and the
individual will sit. And they were trying to sit this person in the car
and they were fighting. And of course you are confined. Remember
the most important thing it's a defensive tactic. The officer is using it
to defend in this case himself.
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Lehman: Well I suspect it's also for the protection of the person that they're
arresting as well so that neither one of them get hurt.
Atkins: The idea was to get the person in the car and they weren't cooperating.
Remember the purpose of the use of...again I do believe we're the
only department in the state that...when we give you a use of force it's
intended to be public demonstration of how we go about our policing.
And it's intended to raise questions because each of those are then
reviewed by an internal committee from what happened. And of
course we go so far as use of force actually cuffing someone is a use of
force and those have to be explained. If you would like me to get a
little more detail of what this particular circumstance is I can certainly
do that.
Pfab: I would appreciate if we could get a little more detail.
O'Donnell: I don't think we need anymore. I mean if this is taught at the Police
Academy I don't see any reason to carry this any farther.
Pfab: I know when I read it I was a little taken back by it just because...
Wilburn: You know one of the things that comes to mind for me and our
department just received was it a national...
Atkins: Accreditation.
Wilburn: Accreditation.
Atkins: Yes we do.
Wilburn: And so these types of defensive techniques and strategies, you know, I
presume and I'm thinking related to my past military experience that
that thought goes into you know the legality or potential danger use of
specific techniques. And you know I think as part of that accreditation
and through the academy you know that that careful thought goes into
what is...which particular techniques are used. I think it's a valid
question to say was proper technique used or did they follow their
training. I think that's a legitimate...not that your point is illegitimate.
But I think that's a line of questioning for us to do, but I think we
could go through each defensive technique and a knee strike to me is
something that looks (can't hear), but it is a defensive technique. And
again some thought has gone into that being used. And it's I guess I'll
leave it at that. I think your point earlier about was...give us
information about was proper technique used - whatever the technique
was. I would think that at the Council level I'd be willing to look at,
but I'm not looking for us to review specific techniques if it fits within
that accredited accepted standard. If there were some new technique
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that officers here were using that wasn't part of that then I could see...
Lehman: We're about to get...
D ilkes: I'm sorry...Marian just reminded me - I was kind of spacing out over
here. But we have been talking about this for awhile.
Lehman: Right. Is there an interest in discussing the police procedures
particularly the one relative... ?
O'Donnell: No.
Kanner: Well before that Emie a memo is what was asked for...a memo.
Pfab: A memo just...
Kanner: ...more in-depth.
Vanderhoef: A little more explanation.
Pfab: Yeah. That's all.
Lehman: I hear that. Okay. Give us a memo.
Atkins: Okay. I plan to.
Lehman: Anything else Steven?
Kanner: I just wanted to note that Irvin's strategy was questioned at a previous
meeting and though I might not agree with his particular strategy I do
applaud Mr. Pfab for approaching U.S. HUD with his concern...
(End of Tape 03-56, Beginning of Tape #03-57)
Kanner: ...to be corrected especially as a minority position I think you have an
obligation to use legal methods - whatever legal methods out there -
to try to correct that. And it's incumbent upon all of us to use all legal
methods to help correct what might be perceived as a grievous fault in
how we do business in Iowa City. And I would ask you Ernie
leadership would be...you asked Irvin did he go to the Staff. Did you
go to Irvin before you went public, sort of jumped him at that meeting
and say... ?
Lehman: Irvin went public. Irvin went public.
Kanner: But did you talk to him?
Lehman: The issue was...no I wanted to know if he went to the Staff which
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seemed to be the appropriate procedure. I have not problem...
Kanner: But maybe talk to him one on one. And certainly it's your right to
bring it up publicly any time you want to.
Lehman: Irvin made it public.
Kanner: But leadership I would think...
Lehman: Irvin made it a public issue. I didn't. Is that correct? Would you
subscribe to the fact that Irvin made that a public issue, not this
Council or any member of this Council?
Kanner: Well I think the issue itself is public.
Lehman: That's correct. He made it a public issue.
Kanner: And certainly...
Lehman: And I think the public deserves I think an answer as to why it was
public and that's why I asked because I think it was relevant.
O'Donnell: I wonder what we're going to accomplish here.
Lehman: We're accomplishing nothing. Do you have anything else?
Kanner: That's it.
Lehman: Okay. I have...don't forget Friday 1:30 to 4:00 please be here for
Chuck Schmadeke. What a tremendous person and I think that's a
celebration that we all should be more than happy to participate in.
CDBG celebration at Uptown Bill's on the 1st. Now we have
also...last night we mentioned we need to do a Staff evaluation.
There's also a probability of a special Council meeting that will need
to be held on either Monday or Tuesday morning of next week and I
think that we can accomplish the special Council meeting as well as
the Staff evaluations. Are there conflicts with either of those days and
this will probably be at 8:00 in the morning?
Pfab: And of next week Monday or Tuesday?
Lehman: Yes.
Karr: Mr. Mayor there's still quite a bit of unknown. If we could just leave
Monday or Tuesday wide open - not 8:00 in the morning. Monday
because I'm not quite sure I can meet (can't hear).
Lehman: Oh okay. Monday or Tuesday. If we have conflicts of people who
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cannot be there you need to let Marian know. The 30th or the 1st.
Kanner: Monday is not available for me until in the evening.
Dilkes: I'm on vacation Monday and Tuesday.
Lehman: You do have an assistant.
Dilkes: So if you want to evaluate me you can go ahead and do it, but I won't
be there.
Lehman: That would be a little bit difficult. Well okay irregardless of that. We
will probably have to have a special meeting on Monday or Tuesday
which may or may not...at this point will not include Staff evaluations
because one of the Staff will not be here.
Karr: Mr. Mayor, can I make a suggestion?
Lehman: Please do.
Karr: Is it possible if Council could look at their calendars and just get back
to me on Monday, Tuesday or Wednesday. Eleanor will be back on
Wednesday. Just so we know what options are available for next
week.
Pfab: Through the 2nd.
Kanner: What's the purpose of the meeting?
Lehman: I don't know.
Karr: There's just a number of issues that may have to be resolved. We
don't know at this point.
Vanderhoefi I'm available Monday, Tuesday and Wednesday.
Lehman: Alright as am I. Steven is not available on Monday during the day
right?
Kanner: Or Wednesday.
Atkins: I'll speak to the special meeting. We have a company that is having
their board meeting about the potential for an expansion.
Champion: Good.
Atkins: And they're at the state, they're here. We're tying to get the
paperwork done. And I can't promise you. You know how these
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things go. It's go, go, go.
Lehman: If it was ready we would have had it tonight.
Atkins: If it was ready I would have given it to you whenever it was ready.
Champion: Steven is available on Wednesday did you say Steven?
Kanner: Wednesday...
Champion: Morning?
Kanner: ...morning until 11:00 a.m.
Champion: Is everybody else available on Wednesday moming?
Lehman: Well we don't know.
Karr: We have Susan's.
Atkins: Susan's services as well.
Kan': Services as well.
Lehman: Services Wednesday morning.
Champion: Oh.
Lehman: At this point Marian it looks as if Tuesday is available. I didn't hear
anybody who said they couldn't be here Tuesday.
Champion: Just the special meeting.
Karr: Not evaluations.
Lehman: Is that correct?
Atkins: Would you remind me again on what Susan's services were?
Karr: 10:00 on Wednesday morning. Visitation is Tuesday 3:00 to 8:00.
Lehman: gt. Pat's.
Karr: St. Patrick's.
Lehman: Right.
Karr: Lensing Funeral Home 3:00 to 8:00 Tuesday the 1st.
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Lehman: Do we want to pick a time for evaluations like next Friday morning.
Does that work?
O'Donnell: What and then can talk about (can't hear).
Champion: Friday morning would be fine with me.
Karr: July 4th?
Atkins: Fourth o f July.
Lehman: Oh, forget it.
O'Donnell: Let's schedule this next week.
Lehman: Alright. We'll do that next meeting.
Champion: Then we're going to have trouble getting those done in July.
O'Donnell: We don't have a meeting in July really -just one meeting.
Champion: But I mean evaluations. (Can't hear).
Lehman: Well perhaps we can do that at the special meeting on...which will
probably be on Tuesday. Alright.
O'Donnell: Eleanor, are you going to be on vacation in July?
Dilkes: I don't know. Maybe.
Lehman: Alright.
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