Loading...
HomeMy WebLinkAbout1997-05-06 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. AGENDA' CITY 01:I0 Wzl CITY CITY COUNCIL MEETING May 6, 1997 7:00 p.mo Civic Center CALL TO ORDER. ROLL CALL. ITEM NO. 1. ITEM NO. 2. SPECIAL PRESENTATIONS. a. Outstanding Student Citizen Awards - Mark Twain Elementary. Jason Hemann Christine Mastalio Shauna McDonald (4) Alaina Neu ITEM NO, 3. ITEM NO. 4. MAYOR'S PROCLAMATIONS. a. Corr~unity A~,tion Week,- May 3-10. b. Tourism Week - M, ay 4-10. c. Women s Heart Health Day - May 10. d. School Board Recognition Week - May 11-1 7. e. Historic Preser~,~...,May 11~17. '1:. Cancer Survivors D~-- M~y 17. ~ ?bo~~ ~-o~-~J '~ OR AMENDED. Approval of Official Council Actions of the special and regular meetings of April 22, 1997, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Broadband Telecommunications Commission - March 24. #3a page 1 ITEM NO. 3 MAYOR'S PROCLAMATIONS. a. Community Action Week - May 3-10. Nov/(Reads Community Action Week Proclamation). Karr/Mary Larew from HACAP is here with two colleagues. Mary Larew/These are two of our young people from Headstart. Nov/Mary, would you like to go to the microphone at the podium and say these things so that everybody will hear? Larew/Jenelle and Cody have come to present the members of the council with a small token from the HACAP organization. Nov/Oh, thank you, a tree. How beautiful. Larew/A tree for you to take hom~ and they are each in plastic little baggies so they won't drip on you. We wanted to give you a small token of our appreciation for all the hard work that city council has done in helping HACAP achieve its goal of building a new three room building to house three new Headstart classrooms and we certainly appreciate in all this time when you have had so many other heavy things on your mind that you were thinking about the youngsters in Iowa City and Jolmson County. Thank you very much. Nov/Wouldn't be nice if we could put these trees at the soccer park or something like that and call them the HACAP Headstart trees. Kubby/A community action grove. Nov/Or the Headstart grove, whatever. Thank you, children. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #3e page 1 ITEM NO. 3 MAYOR'S PROCLAMATIONS. e. Historic Preservation Week - May 11-IT Nov/(Reads Historic Preservation Week Proclamation). Karr/Betty Kelly from the Historic Preservation Commission is here. Betty Kelly/I would like to say a few words to the council. This is our 15th year and we have enjoyed fairly good success. We have grown in the 1980s with our first district with 74 houses and today we have added two more districts. We now have 274 houses and we have 36 landmarks which would be incorporated this year. I also like to invite you next Wednesday at 4:45 to the Johnson County Court House to take part in our celebration which is the awarding of rehabilitation and commercial awards this year for houses and buildings that have been rehabilitated during this past year. We hope you will be able to attend. We will also join with Jolmson County with their historic awards and we plm~ to have a very good celebration. We hope to see you all there, next Wednesday at 4:45 at the Johnson County Court House. Kubby/Many of us may be late. We have a JCCOG meeting. Kelly/That is just for the reception. We will not officially start the meeting until 5:15. You will be late but you will be an honored guest. Thank you very much. Nov/And I will come on time. I don't have to go to JCCOG meeting. Kelly/I think it is an important event because we have grown so much in the last few years. We are one of the oldest commissions in the State of Iowa. The Jolmson County Historic Commission is four years old and we are 15 and much of our plan is now used as a model throughout the state. You ought to be very proud of your Historic Commission. Nov/Thank you for all the Commission's hard work. Kelly/Sometimes it is hard. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #3f page 1 ITEM NO. 3 MAYOR'S PROCLAMATIONS. f. Cancer Survivor's Day - May 17. Nov/We are going to have a Cancer Survivor's Day Proclamation and Dean Thornberry is going to read that one. Thornberry/I requested to read this proclamation because it hits home. (Reads Cancer Survivor's Day Proclamation). Karr/Representing Mercy Hospital is Sister Theresa and the American Cancer Society, Suzanne Roverud. Sr. Theresa/On behalf of the groups who represent and all the cancer survivors, I want to thank you for the proclamation. I was looking at statistics just before I came and the 1997 statistics for the estimated new cancer cases will be 1,382,400 cases for the United States this coming year and of these 16,700 are predicted to be from the State of Iowa. But the good news is whereas in 1930, one of out four people survived beyond five years. Currently we think four out often are predicted to survive beyond the five years which gives us a 40 to 56% chance of recovery and I think that is the good news that we are really celebrating today. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #3b page 1 ITEM NO. 3 MAYOR'S PROCLAMATIONS. b. Tourism Week - May 4-10. Nov/We have someone here to accept the proclamation for Tourism Week. (Reads Tourism Week Proclamation). Karr/Wendy Ford from the CVB is here to accept. Wendy Ford/I, too, say thank you on behalf of the over 2,000 employees of Jotmson County tourism industry and thank you for recognizing the nearly $120 million yearly business that tourism bring. This is tourism season, folks. Get ready, here they come. Thaak you, again. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, 1 997 City of Iowa City Page 2 (2) Design Review Committee - March 17. Consider the following recommendations made Review Committee: (a) Approve the design of the temporary Butterfly Garden. (b) Approve the proposed awning at 116. E. College Street. (3) Housing and Community Development Commission - March 5. (4) Housing and Community Development Commission - March 6o (5) Housing and Community Development Commission - April 17. Consider the following recommendations made by the Housing and Community Development Commission: a) Approve an amendment to the 1994 Supplemental CDBG (Floor #2) Budget. This amendment would fund the Wylde Green Sanitary Sewer Project. b) Approve the FY98 Annual Action Plan, including potential funding changes made by the City Council, Iowa City Airport Commission - March 13. Board of Appeals o December 2, 1996. Board of Appeals - December 9, 1996. Board of Appeals - January 13; Board of Appeals - March 3. Planning and Zoning Commission - April 17. Recreation Commission - April 9. and Natural Areas Commission - March 19. (6) (7) Iowa City (8) Iowa City (9) Iowa City (10) Iowa City (11) Iowa City (12) Parks and (13) Riverfront by the Design any Consider the following recommendation made by the Riverfront and Natural Areas Commission: (a) Adopt the Riverfront and Natural Areas Commission by-laws amendments regarding membership, officers, and amendments. c. Permit Motions and Resolutions as Recommended by the City Clerk (1) Consider a motion approving a Class C Liquor License for GMRI, Inc., dba Red Lobster #759, 1609 Highway I West. (Renewal) (2) Consider a motion approving a Class c Liquor License for Kennedy Investments, Inc., dba The Vine Tavern & Eatery, 330 E. Prentiss St. (Renewal) (3)' Consider a motion approving a Class E Beer Permit for Nordstrom Oil Co., dba Dubuque Street HandiMart, 204 N. Dubuque St. (Renewal) (4) Consider a motion approving a Class C Beer Permit for Wareco Service, Inc., dba Wareco ~446, 828 S. Dubuque St. (Renewal) May 6, 1997 City of Iowa City Page 3 (5) Consider a motion approving a Class B Permit for Sam's Pizza I.C., Inc., dba Sam's Pizza I.C., 321 S. Gilbert St. (Renewal) d. Setting Public Hearings. (1) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 20 ON AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS, "CHAPTER 4, ENTITLED "PET ANIMAL CONTROL," OF THE CITY CODE OF IOWA CITY. Comment: At Council's Work Session of April 8, staff was directed to schedule discussion of the proposed ordinance for May 5. After discussion, Council could proceed to set public.a~heafir~ for May 20 or defer to a later time. (2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR MAY 20 ON AMENDING THE FY97 OPERATING BUDGET. Comment: State legislation mandates municipalities amend their annual budget by May 31. This resolution sets the public hearing for amendments on May 20. Detailed information on amendments will be available for public inspection on May 9. (3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR MAY 20 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WILLOW STREET IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project consists of the reconstruction of Willow Street between Muscatine Avenue and Brookside Drive, installation of new water main, storm sewer, and sidewalks and also sanitary sewer repair work. The preliminary estimated cost of this project is $500,000. Funding will be provided by road use tax. e. Resolutions. (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR A LOW INTEREST LOAN AND A MORTGAGE FOR THE PROPERTY LOCATED AT 511 THIRD AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 511 Third Avenue, received a loan through the City's Housing Rehabilitation Program on June 7, 1985, for $9,500. This amount was amended to $11,567.78 on February 14, 1986. The financing was in the form of a Low Interest Promissory Note and a Mortgage. The note was paid off April 30, 1997; thus, the liens can now be released. May 6, 1997 City of Iowa City Page 4 97 -/3/0 ~7-/37 (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A REHABILITATION AGREEMENT AND A MORTGAGE FOR THE PROPERTY LOCATED AT 3023 STANFORD AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 3023 Stanford Avenue, received a $3,500 loan through the City's Housing Rehabilitation Program on November 14, 1991. The financing was in the form of a Rehabilitation Agreement and a Mortgage. The terms of this loan were satisfied January 3, 1997; thus, the lien can now be released. (3) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENTS FOR LOTS 2, 3, & 4 OF WEST SIDE PARK. Comment: See Engineer's Report. (4) CONSIDER RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL FY96 CELL CONSTRUCTION AND FY91 COVER PROJECT. Comment: See Engineer's Report. (5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK '!'O ATTEST THE EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE CO. D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFE. (RENEWAL) Comment: Iowa City Coffee Company, (The Java House), has filed an application (including fees) for permission to operate a sidewalk care on the public right-of-way in front of 211 1/2 E. Washington Street. City staff inspected the area and recommends approval. A memorandum to the Design Review Committee from Economic Development Coordinator Schoon is included in Council packet. f. Correspondence. (1) William Fischer - police investigation. (2) Margaret Silber - SAFE KIDS. (3) Joel Kline - pigeon coops. (4) Susan Goodner- pigeon coops. (5) Tim Vangsness - parking. (6) Tim Vangsness - water, (7) Michael Lensing - cemeteries. .May 6, '1997 City of Iowa City (8) Julie Phye - Stepping Up Project. (9) Kim Enams - "Share the Road" signs (10) JCCOG Traffic Engineering Planner: (a) Page 5 Designation of lane use control signs and pavement markings at the intersection of Iowa Avenue & Madison Street (b) Reserved parking for persons with disabilities in the 300 block of College Street (11)Civil Service Commission submitting certified lists of applicants for the following position(s): (a) Emergency Communications Dispatcher (b) Housing Rehabilitation Assistant (c) Interactive Specialist (d) Senior Clerk/Typist - Senior Center v i ~OL,q'~( g. Applications for Use of Streets and Public Grounds. (a I appro ed) Cc,~'d~ (1) Jody Dvorak (Chamber of Commerce Business PM - Preferred Stock) - April 24. (2) Donna Palmer (New Pioneer Cinco de Mayo Fiesta) - May 4. (3) Pat Lind (Carousel Motors Anniversary Sale) - May 15 - 24. (4) Jim Larew (Iowa City Area Science Center Butterfly Garden) May 23 - September 30, [Located in 64-1a and City Plaza] Applications for Use of City Plaza. (all approved) (1) Thomas Cook (art creation and sales) 1997 Ambulatory Vending Permit, (2) Eugene Bilyk (ISKCON distribution of literature) - April 28 - May 3. (3) Robert Yeats (tuba performance) - May 2. END OF CONSENT CALENDAR. #4 page 1 ITEM NO. 4 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Nov/Consider adoption of the Consent Calendar as presented or amended. Moved by Lehman, seconded by Norton. Discussion. Karr/Madam Mayor, I would just like to note one slight correction and that is setting a p.h. for a motion setting public discussion for the Animal Control. It is not a p.h. but it is a public discussion. Nov/Okay, discussion rather than hearing. Norton/I just want to add one comment. I noticed that on the work for the landfill we were $730,000 less than what had been estimated. That was an encouraging bit of news. Nov/Yes, we could use some encouraging news like that. Any other discussion? Roll Call- (yes). As part of this Consent Calendar we have set a p.h. discussion for May 20 on an ordinance amending Title 8, entitled Police Regulations, Chapter 4, entitled Pet/M~imal Control of the Iowa City Code. And this will be a May 20 discussion of any changes in the Animal Control Ordinance. We have set a p.h. for May 20 on anlending the FY97 operating budget. There will be a p.h. on May 20 on the plans, specifications, form of contract and estimate of cost for construction of the Willow Creek Improvements Project. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, 1997 ITEM NO. 5. City of Iowa City PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Page 6 ITEM NO. 6. PLANNING AND ZONING MATTERS. Public Hearing on the proposed Scott-Six Urban Renewal Plan for a proposed Urban Renewal Area in the City of Iowa City, Iowa. Comment: The designation of the Scott-Six Industrial Park as an Urban Renewal Area will allow the City to use tax increment financing for public infrastructure improvements and for financial incentives to qualifying businesses. At its meeting of April 17, 1997, by a vote of 6- 0, the Planning and Zoning Commission found that the Scott-Six Urban Renewal Plan conforms with the Iowa City Comprehensive Plan - 1989 Update subject to the Urban Renewal Area being annexed and rezoned to an Intensive Commercial Zone and a General Industrial Zone. Staff memorandum and correspondence included in Council packet. Action: Public hearing on a resolution amending the Comprehensive Plan to increase the density from 2-8 dwelling units per acre to 8-16 dwelling units per acre for an approximate 2.38 acre area located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road. Comment: At its April 3 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended the proposed amendment in a report dated March 20. #5 page 1 ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Nov/Public Discussion. This is for items that are not on today's agenda. Rene Paine/I am the Director of PATV here in Iowa City. From what I read in the Gazette today I understand that at least one of the council members is in favor of consolidating the Access Channels. It distresses me to hear this in part because I believe that the citizens of this community do not seem to recognize the potential that exists in Access. They are not insistent on a proactive approach to making the Access Channel even better than it can be. Instead of collapsing five into three, why not insist that TCI contribute more in terms of funding for local access. A resource that could quite possibly be cable's only trump card in the communications game. The strength of our local voice, the caring concern given it is a barometer for the well being of the community. We should give it our highest consideration before we eliminate our options. Our local communications network could be a showcase, a model for other communities. Whatever form Access talces in this community, however many channels we end up with, my hope is that they serve the cormrmnity well. That they are pivotal in this community's development. But it is a two way street. Access can serve and it will serve. But how it serves must come from community dialogue. My personal feeling is that five access channels should not be enough in a town with a citizenry as vital and active as ours is. Thank you. Nov/Thank you. Is there anyone who would like to talk about something not on the agenda? Mary Kathryn Wallace/I am Chair of the Iowa City Johnson County Senior Center. And we have been busy planning, you are busy planning. We, as a Center, want a very strong successful community and we want to be a vital part of that. Today you received hopefully a copy of our new goals. I have extra copies if any of you would like an extra copy and I know when you have time to look through them, you will traderstand how we want to work with you within the community. Briefly, I want you to know we listen to all kinds of input from a wide variety within the community. The committee valued and listened to all the input and strive to incorporate all the useful information. The goals that we have, we reached five of them, we hope are reflective of a welcoming, participate, vigorous and positive Senior Center and we have one more item that is coming up and my Co-Chair on the Commission would like to tell you about that. Wilma Connor/I am a member of the Senior Center Commission. Due to the generous support of the City and the Council, we started on a survey in March the purpose of which was to find out the reaction from senior citizens, 55 and older, throughout the whole county as well as the City of Iowa City, to find out the best This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #5 page 2 way that we can improve our services or add to our services, to serve the diversity of our county. This took us three weeks and about 240 hours of volunteer time. We ended up with nearly 400 results and good interviews which we were able to do. This was done in conjunction with the Graduate School of Urban m~d Regional Platoting and they, because of the City's help, we were able to get two graduate students who came to help us. They are doing the tabulations. They have done them now and they are complete and on next Thursday night, a week from this week, on the 15th there will be a meeting at the Senior Center at 5:30 in the evening which we certainly would like to have all of you attend to hear the results of the survey and find out the kinds of things they tell us we can be doing in a better fashion perhaps than we are doing now or we can add to our programming to make our center more attractive. Thank you. Nov/Okay, if there is no one else, we will close the public discussion for tonight. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6b and 6c page 1 ITEM NO. 6b Public hearing on a resolution amending the Comprehensive Plan to increase the density from 2-8 dwelling units per acre to 8-16 dwelling units per acre for an approximate 2.38 acre area located at the northeast comer of the intersection of Scott Boulevard and Lower West Branch Road. ITEM NO. 6c Public hearing on an ordinance amending the Zoning Chapter by changing the use regulations from RS-5, Low Density Single-Family Residential, to OPDH-12, Planned Development Housing Overlay, for a 2.38 acre property located at the northeast comer of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi-family building for elderly housing. (REZ97-0002) Nov/The p.h. is now open. Chad CooIcY I represent Eby Development and Management Company. This goes along with item c. I don't know if we should cover those at the same time. The presentation is the same. Nov/You could do that. Okay, I will read it and then we will have a motion to combine. (Reads agenda #6c). Now if we could have a motion from council, we can combine item b. and c. Moved by Lehman, seconded by Norton. Okay. You may speak on either item b. or c. Item b. is a change to the Comprehensive Plan. Item c. is a change to the Zoning Chapter and they both apply to the same property locations. Chad Coolcy IfI could, I would like to submit pictures and brochures of the project to the council. Nov/I think we didn't vote on the motion. Did we say aye? Okay. I thi~zlc we didn't. Woito/You did not vote yet. Nov/Okay, all in favor, please say aye- (ayes). Now officially we combined them. Okay. Please go ahead. CooleY What we are proposing is a 37 unit assisted living facility on the corner of Scoot Blvd. and Lower West Branch Road. As you can see from the pictures, it is very residential in appearance. It is one story built in a square with a court yard in the middle. One of the pictures there describe the front of the building that is of a building that is similar to one we are plamxing to build here. Also there is a picture of the landscaped area of the courtyard. What we plan to do is to provide services for the frail seniors who can't live alone and can't take care of themselves but do not need the 24 hour supervision of a nursing home. We would provide this is a bare residential style to try to promote as much independence as possible. We This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6b and 6c page 2 provide what we call help with the activities of daily living, assistance with bathing, dressing, those seniors that may have mobility problems. We provide tltree meals a day and we provide this in a supportive environment. As far as the traffic concerns that you may have, most of our residents will not have cars, will not drive. We will have a nurse on call 24 hours a day, will not be in the building 24 hours a day but will be there to help set up medical assessments to make sure the medications are taken on time. The staff will be licensed CNA's, certified nursing assistants and med-aides that help both with the room cleaning, maintenance and that sort of thing and also the medication assistance and the assistance with those tasks of daily living. That basically in a nut shell is what the project consists of. I wonder if there are any questions at this time. Kubby/One of the things we talked about last night is if for the rent portion of the cost of living here, do you accept Section 8 Vouchers? Cool~ We don't have any facilities in Iowa that are open yet. We do have facilities in Kansas and Oklahoma, Texas and we have not accepted Section 8 Vouchers mainly for the reason that it has never been asked of us to do. Most of our residents are private pay. We do have some- In Kansas they do have a Medicaid wavier program that we do participate in. The Section 8 item is something that we haven't studied closely but we would be willing to do that with you if you feel the need is there. Nov/We don't lmow. We lmow we have a waiting list for Section 8 and other types of Housing Assistance. We have not checked to see whether there are people who are qualified under your restrictions for age or needing assistance. It may be there and if it is there, would you like to see something. Norton/It would be a very nice option to have. Cook/ And in discussions, that was mentioned to me today that you talked about that in your meeting last night and we discussed- We weren't sure if there was financing available if we promised to do that. If there was financing available or if we could- You lmow, we just don't lmow enough about the program but in discussions we feel that, you lmow, 10% of our rooms or something like that could be designated for that Section 8. Nov/It basically means that you have a voucher or a certificate which says that the person who pays the rent will pay 30% of their income and the goverm2ent will give you the rest of it. So you have to agree to fair market rent and that is about it. Cool/ Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6b and 6c page 3 Baker/Before we vote on this the next meeting, I appreciate if you would say you haven't thought it through yet but talk to our Housing Department, our Housing Director and get a grasp of the program and let's see what your feelings are at the next meeting. Cook/Okay. Nov/Thank you. Is there anyone else who would like to talk about this topic? Any other questions from city council discussion? Thornberry/I think there is some correspondence. Nov/Moved by Kubby, seconded by Thornberry that we accept correspondence. All in favor, please say aye- (ayes). Motion carries. Are there any other items for discussion among city council? Okay. P.h. is closed. And we have taken care of both items b. & c. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, 1997 City of Iowa City Page 7 Public hearing on an ordinance amending the Zoning Chapter by changing the use regulations from RS-5, Low Density Single-Family Residential, to OPDH-12, Planned Development Housing Overlay, for a 2.38 acre property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi-family building for elderly housing. (REZ97-0002) Comment: At its April 3 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the rezoning and preliminary OPDH plan. Staff recommended approval in a report dated Action: "Zoning," to provide elderly housing alternatives. (First consideration) Comment: At its April 3 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendment as revised by the Commission on April 3. Staff recommended approval of the elder housing amendments in a memorandum dated March 20. Action: / ¢~'~/" e..Consider an ordinance amending the Zoning Chapter by changing the use regulations on a 3.74 acre tract located on Mall Drive from Community Commercial (CC-2) to General Industrial (I-1). (REZ97-0001) (Second consideration) ~ /~ Comment: At its March 6 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed rezoning. · Staff recommended approval in a report dated February 20. Correspondence requesting expedited c~nsideration included in Act i o n: ~/~~.4.4.~/~'~-~__~. ~-"~. ,~,~, ~y'" /x~/Y-z~ May 6, t997 City of Iowa City Page 8 '77- ~7~ gD Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," Section 1, entitled "Off-Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking. (Second consideration) Comment: At its March 20 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in a report dated March 20. At its May 1 meeting, the Planning and Zoning Commission reviewed an alternative ordinance which would allow the waiver of parking requirements only by special exception. By a vote of 7-0, the Commission recommended that a special excemption not be required. Correspondence regarding this item included in Council packet. Action: Consider an ordinance vacating the portion ~f the alley located south of Lot 2 of the A.E. Strohm Addition, generally located south of Bowery Street between Governor and Lucas Streets. (VAC97-0001) (Pass and adopt) Comment: At its February 6 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the vacation of this alley. Staff recommended approval in a report dated February 6. Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," City Code, by revising Article N, entitled Off-Street Parking and Loading," to change the required number of off-street parking spaces for commercial uses in the CB~5 zone. (Pass and adopt) Comment: At its February Jakobsen voting no and recommended approval of the proposed amendment. recommended approval in a memorandum dated January 30. 6 meeting, by a vote of 4-1-1 with Chait abstaining, the Commission Staff #6f page 1 ITEM NO. 6f Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," Section 1, entitled "Off-Street Paricing Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parIcing. (Second consideration) Nov/Moved by Norton, seconded by Lelm~an. Discussion. Thornberry/Do we have to move to accept correspondence? Nov/We can do it after. Franldin/We had our Interpretation Panel meeting today and resolved to interpret the Code differently than we had previously and I will not try to go through all the explanation but basically for the circumstances at 716 N. Dubuque Street, our interpretation at this time would not require this ordinance because the parking calculation will come out such that the rooming house requires fewer paricing spaces than the fraternity and sorority did. Now if you want me to get into detail of it, I can. Kubby/Is there a succinct way to say what it is that is different than before? Fra~ldin/Okay, I think so. We will be using the same floor area fignre to determine both the occupancy and parking. The way the Code is written the occupancy is calculated using a floor area based on the lot size and that gives you a figure which in the case of a conversion, may result in rooming house use which is not the same as the actual floor area of the building. Did you follow that? Kubby/No. Franldin/No. Norton/Not quite. Franldin/Okay. Let me just use the example then. In this particular example we have a 6500 square foot lot. To detenrtine how many people can be in a rooming house on that lot, you take the lot size and you take 330 square feet per 1,000 square feet of lot. So that is 330 X 6.5, that gets to 2,125 square feet that would be the size of a rooming house if it were going to be built new on that site. The building is 7200 square feet. What we have done in the past and did with this particular circumstance is determine the occupancy based on that 2,125 square feet, what would be allowable and you need 100 square feet per person which results in 21 occupants of a rooming house at this particular address, even though the building is larger. The parking, however, when you go through a different section of the This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 2 Code, is calculated based on the square foot of the total floor area. The total floor area is 7200 square feet. Thus you are requiring parking for an area which would not be equated to occupancy by people. So our interpretation based on how the occupancy has been handled in the past is to extrapolate that and use the same square footage for the parIcing requirement. Thus you would use 2,125 square feet for the parking requirement also as for the occupancy and your parIcing requirement would be less but would correlate to the number of people living in a rooming house. Norton/Which means the parking requirement there would be what? Franldin/10. There are 24 spaces grandfathered under the fraternity house and the allowance of having a fraternity house there. Understand that these do not exist. And just to explain to you the concept of why we do this. There is a conversion allowance for preserving older buildings. That is if we go older viable buildings, we want to be able to continue to use them and a lot of buildings or a nurnber of buildings in Iowa City were built before we had cars and certainly before we had parking requirements. So that you may convert the use of the building to a new use and you need not provide any more parking so long as the new use does not require any more than the old use would have required if it did provide parIcing. Got that? Kubby/We are calculating the number of people based on in one way and calculating the number of cars spaces another way. Do we do this consistently? Franldin/Rooming houses are an oddity within the Zoning Ordinance. Kubby/Do we do it for all rooming houses in that mam~er? Franldin/We have- Well, we have not had an instance in the past where we came up against this. This is why the interpretation issue never came up before this one. We have never had one in the past where figuring the paricing based on the total floor area of the building resulted in an inability to make the conversion from whatever it was before, not necessarily a fraternity, from whatever it was before. So at this point, when we are looking at it- To answer that question, we interpreted it differently before. That is we took it very strictly by the words of the Code in terms of determining the parking. We believe the decision of the Panel today was that we believe that it is more reasonable and is consistent with how we determine occupancy to figure the parIcing based upon the occupancy. Kubby/Will you explain who is on the panel? Franldin/Myself, the City Attorney and the Director of HIS. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 3 Woito/And this is limited to existing buildings, not new buildings. Kubby/So if we would- What are our options with that interpretation? Do we have an option to accept or reject that interpretation? Franklin/That interpretation may be appealed to the Board of Adjustment by the com~cil or anyone who chooses. Norton/Can you explain how the 10 derives from the 21,2507 Franklin/The parking requirement is one space per 200 square feet. So when you divide 2,125 by 200. Thomberry/This is for new rooming houses, is that correct? Franldin/It is for any rooming house. Thomberry/Any rooming house? Franklin/Yes. Thomberry/So this particular property then would require 24 spaces? Is that what you said? Franklin/No. This particular property, because of the lot size, is restricted to 21 people. Therefore, under this interpretation, it would only require 10 parIcing spaces. If it were brand new, if there was nothing there now, you could build a building that had 2,125 square feet and the parking requirement would be 10 parking spaces and you could have 21 people living there. Thomberry/What were the 24 spaces? Franklin/24 spaces is the calculation for fraternities. Fraternities have a different parking requirement. Now we do have direction from the council to look at the parking for fraternities and sororities and rooming houses and make those more close to reality. And we will also be making changes such that we don't have to interpret this but that it is clear from the language that that is the way it should be done. Thomberry/And for the record, what is the number of parking places for this particular house? Kubby/You mean the actual? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 4 Norton/Theoretical? Thomberry/Actual. Franldin/In terms of the conversion that is anticipated? Thomberry/How many parIcing spaces are there for this property? Franldin/Two that would meet our design standards now. Thornberry/I will reiterate my problem is that there are not the required parking places for the number of people living in these units whether they be fraternity now or rooming houses later or whatever. But when I see a use change from a fraternity or sorority that does not meet the current parking requirements, I think, personally, that anytime the use changes, it should go to the current parking requirement for the new use. So that is why I will be voting against this ordinance because some time or another we are going to have to say hey. listen, there are how many people going to be living in this rooming house? 21 people. Franldin/Potentially. Thomberry/Potentially and there are two parking places. I don't think that is enough realistically. Franldin/I understand your position. I would just like to- CHANGE TAPE TO REEL 97-76 SIDE 2 Franldin/So legislatively such that there is not the ability to convert which would mean that a number of the buildings where conversion could take place, in order to be re-used would have to be torn down and replaced. Thornberry/Or obtain parking somewhere else for that particular house. Frm~ldin/If it is possible but you have to have your parking within a certain distance of the use. Thomberry/If we are going to change that we could also change the number of feet away from the house. I mean I am just saying that. Franldin/You could. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 5 Thornberry/It was explained to me that the reason that there weren't parking places for all of the people in the fraternities and sororities is that when they were built, they didn't have cars. Now they have cars. Now it would behoove us to get into the 20th Century since are almost into the 21st century. So I am just saying when a use changes, I think it is time that we brought ourselves up to Code, up to date. Lel'ur~an/Karin, if I understand correctly and I am not disagreeing with you, Dean. If I understand correctly, what your saying is because the proposed use is less parking intensive than the present use. Franldin/Right. Lehman/That you will be interpreting that as compliance, so we do not need this ordinance. Frmxldin/That's correct. Lel'nnan/I mean, you're interpreting this under present ordinances that are in effect. Frmxklin/That's right. Le12nan/Okay. Fraaklin/And I would point out that they're other conversions that could occur in (can't hear). For instance it could convert to apartments and still not have to provide parking either. Kubby/Do you thi~xk that that may be true for this particular project but what does that say about other potential conversions? Franklin/Of fraternities or just generally speaking? Kubby/No, from fraternities or sororities to rooming houses. Would this ordinance still be needed in order to allow those conversions without adding more parking? Franklin/I don't believe so because I think this situation is fairly typical in that you have a large fraternity or sorority house. You have a large Greek house on a relatively small lot. There are some that are built on larger lots where you could put in some parking, but the rooming houses generally speaking are not, you're not going to be able to use the whole house, because the lot will, the lot will limit how much can be devoted to rooming house use. Now if you have a large fraternity house on a large lot, and I'm thinking of some of the ones across the river by Hancher, I don't know. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 6 Nov/You could take out and put in houses. Franldin/I guess I shouldn't answer that question, Karen, because I haven't done my research to know how big all the lots are and how it would work. Kubby/Right, so. Franldin/We could take a look at that before your, it would be a final reading on the 20th or- Norton/Do need this ordinance? Isn't the ordinance moot at this point? Franklin/That's the question. And I can't say absolutely that in all cases it would be moot. Norton/I mean in tlfis, as things now stand. Well no, you might need the ordinance, I mean for other particular circumstances. Franldin/That's right, I mean, one of the, the reason that we brought it before you was not just for 716 N. Dubuque Street. It was because as we saw this situation we then felt that there was a validity in looking at the conversion of fraternities and sororities to rooming houses because of the similarity of the type of living that one does there. That is that you have a room and then there's a lot of common space. And so that it would be making more opportunities for rooming houses. Norton/Well at least some of us were convinced despite the difficulties of the situation that Dean mentioned where there's only two actual spaces, give or take some tandem possibilities, but only two formal spaces. I understand that there's a number of institutions around of this same sort where there's a nominal requirement of 24 or somefixing and there's zero or one or two spaces maybe, so would it be wise to pass this in the event that you come across a case where you do not have the large structure on a small site and come up with the ten number less than 24. Would it be desirable to pass this and anyhow for the other cases that may come up? Thornberry/Well I think that when the other cases come up, Dee, with fraternities like there's a fraternity house with zero parking, okay, and one with I think one. Norton/Urn-huh. Thornberry/I think that's when you need to convert. And I think that these houses, it's not unconvertible. You could take out the first floor. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 7 Norton/And put in underground parking. Thornberry/Put in parking on the first floor and if it has a basement, make access for parIcing in the basement. That's a possibility. Norton/I understand that. I just don't know whether it's realistic. Kubby/We just talked last night about how really there's one developer in town who's putting underground parking underneath apartment buildings. It's a very expensive endeavor and when you talk about the cost of housing. Thornberry/I mean if the basement's already there, it would be a lot less than having to excavate. Council/(All talking) Franklin/In terms of answering the question of whether tiffs is moot or not, what I would like to do is have the opportunity to look at the other ficaternity and sorority houses mad see. We may not be able to do all of' them, but at least do some calculations as to whether the situation would be the same. Norton/Can you do that before our third meeting? Franklin/Yes. So you could go ahead and vote tonight on this. You still have one more reading. You can then drop it or whatever you decide to do. Kubby/But that's the purpose of having three readings, is being able to do that. Vanderhoef/Karin, before you leave, I have something I'd like to offer at least at this point. We all recognize that there's tremendous pressure for paricing no matter what neighborhood we have that has a preponderance of fraternities and sorority houses. In the near west side, I called and asked city staff today to see whether there was a possibility of changing from parallel parking to angle paricing on some of the side streets up there that are not busy which would increase the number of parking spaces that would be available to the neighborhood. Certainly heavily traveled like Church Street would not be an appropriate one, but some of them is just neighborhood traffic. )dad that might increase the parking as a possibility to help out the crunch that's out there. Nov/I have a parking consideration also. I've been talking to some of the people who live in the neighborhood and part of the parking problem is not just place for the people who live there, it's a place for the co~mrmters. And they're plmming to talk This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 8 to the university about this because their streets have become commuter parking and the commuter parking has extended to about Dodge Street at this point. It's not just immediately around the fraternities. So if we're going to really worry about this and try to help in terms of who's parking because they're living there, we may want to meet with the neighborhood and see if we can't do something with permits or whatever to really work on the commuter parking problem. Vanderhoef/Well, I'd like it put all together. I agree with you, Naomi, and we could look at all of these things at the same time and see what would be acceptable to the neighborhood and what is a possibility to relieve some of this in that neighborhood. Nov/And I'm saying that just creating more spaces would mean the commuter parker who now goes all the way to Dodge Street would find a closer place and not really doing much for the folks who live there. Franldin/The parking problem on the north side has been there for years and if you wish, I mean when we talked about the parking study, the decision was not to pursue the residential parking permit. Maybe we need to leave this at that. Is there a majority of the cmmcil who would like us to devote some time to looking at the parking situation on the north side, to look at a variety of solutions? Kubby/I think it should come frO1Tl the neighb, orhood, that that initiative should come from the neighborhood. That we, because what we would end up doing anyway is going to the neighborhood and trying what ideas. Frm~klin/That can be one of our steps is to work with the Northside Neighborhood Association, people within the Northside to see what ideas they have. Kubby/The reason I say that is because in the recent five years, we have gone to the neighborhood, I think twice with that idea, and at that point it was rejected. Franklin/That particular idea, yes. Kubby/And so I think we need to- Nov/There may be other ideas. Kubby/Maybe it doesn't matter who initiates it but it's just, we have just very recently talked about it and made the decision and I guess I would like it to come from the neighborhood to ask us to rethink that decision. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 9 Thornberry/Well, part of the potential alleviance of this problem would be to require these places to have their own parking. That would help. Norton/Sure. Thornberry/There's something. I don't think there's one answer that's going to solve all the north side parking problems, but if you did a little bit here and a little bit there, one of them being requiring these places to have adequate parking, that's just one step. And then there will need to be more and more and more. But if you don't take this step, and when this says, to allow existing fraternity and sorority houses to be converted to rooming houses without having to provide additional parking, I thi~tk is wrong. Norton/Don't you accept the fact that there's considerable risk that if nothing can be done, if that's so expensive, that the place is torn down, Dean? Because I thiltk that's one of the serious concerns that if you can't shoe horn it in there, people will tear it down. Nov/Well, according to what we've heard now, they could also convert to apartments, as well as rooming houses. Norton/Yes, but that would also add parking. Nov/Without changing the required parking. So we really have to think hard about this. Kubby/We talked about conversions, in my mind, because the kind of density that's allowed, the kind of housing is so similar, but it's a, it is a change in use, but it's not a magnification of use. And that's when I tltink there should be a real look that people should have to provide some of that when there's a magnification of use. Thornberry/You're right. But it may not be a magnification, but it is a change of use. And when you change the use, the grandfather dies. And it's a change of use and now it's a new use, so that's the time when you can make these changes. Kubby/But that corrects, Karin, in this kind of conversion that when you change this particular, from one particular use to another that we're tallring about, that the grandfather goes. Fraaklin/What you do is you re-establish what the parking requirement is. For instance, in this case, the new parking requirement would be ten so the next conversion would have to fall under the ten. Kubby/Oh, I see. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 10 Franklin/And with that conversion too, if the new use requires more spaces, you have to provide the difference. I think you all understood that. Nov/Okay. We'll let one neighborhood resident speak. No more than five minutes. Kubby/Excuse me, Naomi. We had requested that people from all different neighborhoods speak, or to give input, and so if there are people from different neighborhoods, I would like to be able to hear from all the different parts of the corrununity. Nov/Well, if there are people from different neighborhoods, but the Northside Neighborhood has been very vocal on this and I don't want to create multiple speakers. Nancy Hauserman/729 N. Linn. I'm a member of the Northside Neighborhood. I was one of the people who helped to put together the petition of 97 people that we turned ion that you all got this morning. I had some prepared remarks, more or less prepared as is my style, about the specific amendment, but my understanding is that that's more or less moot at this point. That is to say though that you'll have another reading of that, that really this is already, some time between the last vote and indeed between last night and today, a new interpretation has occurred and this is a done deal. This was my first foray into city politics. Now I regret to say that it was a disappointing one. I am not disappointed because some well respected and community minded will develop low income property. Like most residents of Iowa City, I recognize and applaud the need for low income property. I don't applaud the need. I think we need to do something about the provision of low income housing, not availability. I'm disappointed because the process appears in the end to have shut out our voices. We spent hours calling and writing. First we called the P/Z Commission when we were told this was going to be handled as a zoning variance. We wrote letters. People called them. We talked to them. Then we called and wrote, as you all well lmow, the city council over this amendment. We were variously told during the process that either there was no requirement for public input on neighborhood development issues, or by other people, assured that we would have input. We spent days talking to you. Talking to our neighbors, and now I come here tonight and learn that we really it was or has always been a done deal or could've been done. It really didn't matter what we said. I'm raising a child who I hope will be an active member of his community. I tell him that he has a voice in the world around him. I appear to have lied. Thank you. Thornberry/Well, you've got a voice. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 11 Nov/Is there another neighborhood that would like to have a voice? Thornberry/You've got a voice. Maggie Rochelle/Well, I'm also a member of the same neighborhood. Nov/Do you have something that we have not heard? Rochelle/It's very brief. It's about parking. The neighborhood has had a problem for years. This was pointed out. Nov/State your name and address. Rochelle/Maggie Rochelle. I live at 730 N. Linn. I've lived there for seven years. We took a chance and we bought this house, but it looked like a neighborhood we could raise children in if we would invest in this neighborhood. And through the hard work of our neighbors, it's now an historic neighborhood. Awards were given earlier this evening in recognition of the importance of historic neighborhoods and so my five year old and my eight year old since we've lived there have not been allowed to play outside of our fenced back yard. The first major expense on our house which has required many expenses because it's old, was to put in a fence all the way around the yard because you could see it was a very, it was a dangerous (can't hear). They couldn't go up and down the sidewalk. And even at the ages that they are now, they can have one trip around the block, the eight year old, by himself. And my daughter, I have to ride with her. They can't be in the neighborhood like most residential neighborhoods where young children are growing np. It's because of these families that this neighborhood has stabilized to the point that it has and the idea of more cars parIced like this, I mean when my child crosses the street to pet the neighbor's cat, we have to be there with them, because they have to learn to go in between the cars, creep slowly. Make sure nobody's in either of these cars, then look to the left. Look to the right, far enough out so that there are no other cars coming. Kubby/So you would object to the parallel parking at an angle? Rochelle/I reject, I mean it's like it seems like it's awfully handy to improve the parking situation in this residential neighborhood. I absolutely agree with Mr. Thornberry that why not have people take responsibility for the parIcing that's required in places that are being converted or built. I mean that seems like the logical solution. Norton/The conversion that we're talking about is going to improve that situation somewhat, we're assured. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 12 Rochelle/If there are 21 residences, is there a requirement that only ten people own cars? I mean how are we assured of that? Nov/This does not require how mm~y people own cars, but even if they were apartments, we allocate parIcing on the basis of bedrooms and it is possible to have a four bedroom apartment and require only two paricing spaces. It is possible that even if something new were built, the parking problem does not go away. The paricing problem should be addressed by the neighbors. The neighborhood association should consult with the city staff and the university staff and try to do something other than this because this particular conversion is not going to change the parking. The parking is a problem even though only four people live in that building right now. Kubby/It's not your responsibility to deal with the parking problem. What I was suggesting was that some ideas and conversation get initiated by the neighborhood with some real concrete ideas that then are brought to us and we work together to implement those. But it's not your responsibility to deal with the parking problems. Rochelle/I see that it's also a complex problem that comes from many sources, the commuters, the apartments, the frat houses, and they're all landing on our streets and my little kids, you know, risk their lives to cross the street and pet the cat. I mean, what sort of you know, are kids allowed to live safely in this neighborhood? That's my question. Lehman/It seems to me that what I'm hearing is part of a larger issue as well. I mean this is, this brought the issue to the front, but we've got a problem there. Right? We've got a problem with computers, or commuters. We've got a problem with parldng. We've got a problem with cars. And this really brought the parking to the surface. Rochelle/It's an opportunity to chip away at the problem bit by bit. And this is one area where you can make an improvement. Thomberry/I thi~xk she hit the nail on the head on that last sentence. Thus is the start of something better. If we reject this ordinance, it's the start of something that's going to help the problem. They've been having problems for years and years and years. Why continue? Why not chip away? Knbby/Well according to this interpretation, this ordinance probably would not chip away. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 13 Nov/This would just preserve buildings which are 50 years old or more. It would not apply in any other instance. If we want it to apply to other conversions, then it's another ordinance. Baker/And the essence of this ordinance is the disagreement about the consequences. It is either going to make no difference or a slight improvement or it's going to exacerbate an existing problem. And that's where basically members of council, staff, neighbors disagree about the consequences. And it, as I said at the last meeting, you go with what you perceive as facts and what you perceive as intuition and how you use your intuition. I still insist, this particular ordinance would not make the parking problem worse. It has a higher potentially to make it a little bit better. We disagree about it then, but we're looking at the same problem, but from this particular ordinance. Nov/I don't believe the ordinance would effect the problem. If there were fewer residents who own automobiles and who park on the street, then there are more spaces available for other commuters on that street. I don't see emptiness in their parIcing spaces whether or not we have this ordinance. Norton/But then you may have to go to something like registration, not of the neighbors but possibly registration of student cars that are being parked there as commuter cars. I mean there may be some ways to do that. Nov/Or faculty cars. Norton/Or faculty cars. Baker/You've got three solutions. You increase on street parking, increase off street parking, or restrict parking. Thornberry/But what the ordinance says is allow this problem to continue without having to provide additional parking. Norton/Dean, I would like to know what we would do? Would you say that you didn't have this ordinance, how would you manage the conversion of these properties? Thornberry/I would either convert, like I said, the first floor basement ifI was going to buy that place and convert it and be a money maker and all this. They're not doing it to lose money. They're doing it to make money. Or buy a lot somewhere else and say may I use this lot for this rooming house or apartment building or whatever it may be. But I think by passing this ordinance, you're not doing anything to help the problem. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 14 Nov/And we know that this fraternity had rented parIcing space from a nearby fraternity and the lease was up froin the other fraternity said no you can't rent our space any more. And this could happen even if they had rented it from anyone else. Baker/And Dean, there's two solutions that you proposed which we have a longer debate about this issue that they're just as much as a down side to those two solutions as there is to, there's potential a for greater down side to those two solutions and the negative impact on that neighborhood. What you're considering as there is anything else we could do. And we could talk about them in more detail later, but those could potentially have more negative effects than what's in front of us. Thornberry/I understand and I don't understand your argument when you say that if you provide more parIcing, then twice as many people will take that paricing and you're going to exacerbate the problem. And I just don't agree with that scenario. Baker/The location of the neighborhood makes it a prime location for people to park near downtown. Nov/And the Cambus stop is right there. Okay. Is there anyone else froin another neighborhood who wants to talk? Norton/That is another neighborhood. Jim Throgmorton/I'm froin the same neighborhood but I intend to malce a different point, if that's all right right now. I'm going to disagree with some of what my friends have said. So my name's Jim Throgmorton. I live at 715 N. Lilm Street Apt 1. First thing I want to say is I hope you heard what Nancy Housennan said about her perception of the process. That from her point of view, there's something kind of screwy about what has happened in terms of her and other neighbors interaction with the staff. So there's something to attend to there. But the other thing I want to say is that the houses, the rooming house is literally, almost literally in my back yard. When I look out the back window, it's right there, so I have a particular perspective on this. And it's true that paricing is a significant problem on Northside. No question about it, I've paid probably $300 worth of tickets in the last year and a half. Not all because of parking there, but it's a complicated thing about moving that car back and forth and I'm always forgetting and then going duh what'd forget that for, Jim. But it's not clear at all to me that the proposed zoning change would contribute significantly to the parking problem or that the rooming house, the use of that house as a rooming facility would contribute significantly to the parldng problem. And with all due respect to my neighbors, I must also say that from my perspective of having been on the council, it's not unusual to see people opposing particular kinds of development because there might be lower income people moving in them. And what we This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 15 routinely hear and have heard and I'm sure you've heard this over and over again is that neighbors in a particular area always oppose the lower development project and always say that it ought to be located somewhere else. And that it should not be located in my backyard. So I guess part of what I want to say is that the proposed development is almost literally my backyard, and I don't mind. Still the city's approach to parking is woefully inadequate. And I think it is misguided and misplaced to kind of place the burden on the neighbors on the Northside to deal with that. So I would strongly urge you to revisit the possibility of creating a residential parking district in that area and having a permit program for residents and maybe most importantly, having revenues from parking violations be used internally within the district in a way that is under the control of the Northside Neighborhood so they can use those revenues and direct those revenues toward addressing improvements in the neighborhoods that they think are worthwhile. That way the cost associated with having those paricing problems tums into a benefit for the neighborhood. Nov/That is an interesting thought. Until now we have said we would have to have a fee for that pem~it and we have not had an acceptance for that. As you say, it is so expensive to pay a paricing ticket. It might be a lot easier to pay the permit fee once a year. Throgmorton/I have paid so many tickets, I think I could probably fund half of the city's operation. Baker/ Jim, can I comment on one thing you have said. Earlier part of your statement about the objections to this ordinance. I don't- I don't think you mean to say this. But I don't remember hearing any of the neighbors based their objection on this ordinance to the type of occupants coming into the neighborhood. The neighbors have never said that. Throgmorton/No, and I am not trying to put words literally in Nancy's mouth or anything else. I am saying that is- I mean, I teach this stuff. In every city, every neighborhood people oppose these kinds of projects, always oppose them, for lots of reasons and the reasons, they are always good reasons. There is always opposition for these kinds of projects. Baker/I just think the only objections we have heard have been clearly based on the parIcing impact, not the tenant impact. Throgmorton/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 16 Nov/Is there someone for another neighborhood with Greek houses that would like to talk about this problem? Okay, we are going to close public discussion. We are going to ask for a council vote. Lelunan/I have a question first. Nov/We have to accept correspondence. Karr/Well, you have a motion on the floor for council consideration. Nov/Go ahead. Lehman/One question. Karin, this is for you. I guess I don't disagree with the findings that the staff has had regarding how many people park in rooming houses as opposed to apartment houses as opposed to fraternity houses and whatever. Is it possible to re-word this ordinance? I have a real problem with the use of the word fraternity and sorority houses. To me that is extremely narrow. It is almost like slap zoning. We have restricted this to buildings that are prior to 1940, if I recall correctly and we have used the word fratenfity and sorority. Would it be possible to limit this or to make apply to structures built before 1940 containing more than 10, 12, 15 rooms or whatever so that in reality, it would apply to the buildings that we are most concerned about. But it would seem to me to be a little more defensible. As a council person, I don't think that we pass rules and regulations that apply to a specific group of houses only, scattered all over the community. I think if we had a rationale that includes the age of those buildings, the number of rooms that it has, that is a very defensible position. Then it covers any building any where in town. Now the fact that those buildings all happen to be fraternity and sorority houses, not withstanding, is that a reasonable possibility? Franldin/I am trying to think of what other kind of building you would have. I mean it would basically be a hotel or a rooming house already. Lehman/Well, I just- That is my own personal feeling that is a logical approach. Kubby/Doesn't the Zoning Code recognize and HIS recognize fraternities and sororities as a special category and so that, to me, is a legitimate reason to have them be separated because the rest of our Code and ways of dealing with them as rental structures also dealt with separately in a separate category. Franklin/I don't know what the number of bedrooms would be, how one would express it. I don't know, Ernie. I would have to think about that one. Lelunan/All right, just a thought. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 17 Nov/I find it difficult to thirdc about it also. After all of this (can't hear) discussion, do we have four cmmcil members that would like to direct staff to have a meeting with the Northside Neighborhood and consider options with them on parking? Council/(Yes). Nov/I think we have four now, Karin. Okay, thardc you. Norton/Before we move to a vote, Madam Mayor, I still just had- We still need this ordinance? Or is it indeed moot? What is the status? Nov/It may be but it couldn't hurt to do second consideration and then let it die next time. Kubby/The answer was Karin thirdcs it is but is not sure and wants some time to look at a sampling of law. So for that purpose I will support it for a second vote and again, sometime people laugh at Naomi and I when we don't want to collapse readings on things to move things along. This is one of the reasons that there are tlxree considerations. So that we can explore things and have opportunity to have more community discussions because things get in the paper and word gets out further than it already had that you can persuade us to act differently. Thomberry/2M~d then there are times when things need to be collapsed to get us moving faster. Norton/We don't laugh at you. Kubby/There are times when we do that. Lehman/That is a different discussion. Nov/That is a different discussion. (Can't hear). Vanderhoef/We also had the motion on the floor two weeks ago to defer this to get more information and it moved forward. Thornberry/That is right, okay. We are ready. Nov/Okay, we are ready for a vote. Which motion do we have, the second consideration, right? Moved by Norton, seconded by Lelm~an. Any other council discussion? Roll call- (no: Thornberry, Vanderhoef, Lelxman; Yes: Baker, Kubby, Norton, This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6f page 18 Nov.) We have approved this on a 4-3 vote. And we will perhaps drop it at third consideration. Karr/Excuse me. Could I have a motion to accept correspondence? Nov/Moved by Thomberry, seconded by Lehman, that we accept correspondence. All in favor, please say aye- (ayes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, '1997 City of Iowa City Page 9 Consider an ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to exclude commercial development. (Pass and adopt) Comment: At the City Council's direction, this ordinance eliminates the parking impact fee for all commercial development in the Near Southside parking facility impact fee district. Act i ° n: ~'~:~¢'z~'~~ .~'--~'/~f~.~~/2 ¢ ~-~'~' /~Z/~. ~ Consider a resolution approving the final plat of Walden Hills, a 40.7 acre, 53-1ot residential subdivision located on the n~h side of Rohret Comment: At its April 3 meeting, by a vote of 7-0, ~he Planning and Zoning Commission recommended approval of the final plat, subject to the approval of legal papers and construction drawings prior to Council consideration. Legal papers and construction plans are being reviewed. Staff recommended approval in its April 3 staff report. Consider a resolution approving the preliminary plat of~e Scott-Six Industrial Park, a 140.5 acre, 42-1ot commercial/industrial subdivision located on the east side of Scott Boulevard, noah ~Highway 6. Comment: At its April 3 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the preliminary plat, subject to a number of conditions, including the redesign of Freedom Court at the northwest corner of the site, and subject to the approval of a Grading Plan and Sensitive Areas Site Plan prior to Council consideration, consistent with the staff recommendation contained in the April 3 staff report. The Sensitive Areas Site Plan has been approved, and it is anticipated that the Grading Plan will be approved prior to the May 6 Council meeting. Action: ~~~ ~~~~ /2~ ~4~,~~ #6i page 1 ITEM NO. 6i Consider an ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to exclude commercial development. (Pass and adopt) Nov/Moved by Kubby, seconded by Thornberry. Discussion. Baker/Madam Mayor, as I said previous meetings, I oppose this ordinance until we have had a discussion on the change in the residential impact fee in the same area. I was glad to see that we had stretched out the vote to have that discussion last night and we directed staff to go back to P/Z with the change in the parking requirements which will have an impact on the residential impact fee in this area and I think that is appropriate. So I will comfortably vote for this ordinance tonight. Nov/Any other discussion? Roll call- (yes). Okay, we have adopted this ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6k page 1 ITEM NO. 6k Consider a resolution approving the preliminary plat of the Scott-Six Industrial Park, a 140.5 acre, 42-1ot commercial/industrial subdivision located on the east side of Scott Boulevard, north of Highway 6. (SUB96-0020) Nov/Moved by Vanderhoef, seconded by Thornberry. Is there any staff discussion on this before we go any further? Are the plans in order? Franldin/The only outstanding issue is the issue of the design on Freedom Court. Nov/Okay. Would the developer like to address the design of Freedom Court? Robert Downer/The attorney for A1 and Mary Jo Streb, the developers. The Strebs, after thorough consideration of the comments that were made last evening and talking with their engineers today with whom I have also discussed this matter, are still of the opinion that the design that is a part of the preliminary plan at this time is at least superior to the alternatives that have been submitted. And in saying that, I certainly recognize, as do the Strebs, it is not the responsibility of either council or staff to re-design subdivisions for private developers and so anytlfing that I say here in this regard should not be construed as a criticism of anyone who I think has worked hard to come to some resolution of this problem. I think there was general consensus that the cul de sac proposal was less than acceptable. The one, for lack of a better description, I would refer to as the T. I guess we are concerned would exacerbate congestion problems rather than resolve them. The Strebs have checked with the IDOT, they have been advised that this is a intersection that apparently would meet design standards of the DOT. In thinking about this with the one entrance going into Freedom Court, if there is a perceived problem with congestion with one entrance onto Freedom Court from the T, it appears that there would be congestion with the two entrances, one close to Heinz Road. It seems to me that this congestion is going to be worsened considerably through having only one intersection in all of this lots feeding off of this relatively small street. I would be hopeful that at least as far as the balance of the preliminary plan is concerned, that this could be approved. Some of you may have read articles in the media today that where there were prospects for industrial sites that were discussed there. There is active interest in this property as far as industrial development is concerned that would bring a significant number of jobs to the comlnunity and these, while they are certainly nothing in this that is assured at this point in substantial part because there is nothing firm that can be offered to anyone. There are site visits to this property that are scheduled for later this month and it is important I think as far as this development and as far as the community is concerned that at least the industrial part of this preliminary plat be approved so that development can proceed at least with that part of it. With regard to the commercial area and Freedom Court in particular, as I mentioned, it is still the This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6k page 2 Strebs position that that is superior to the other two designs that have been submitted. If it is the council's position that we should return to the drawing board as far as that particular part of it is concerned, this is something that we will endeavor to do but at least as far as the balance of the preliminary plat is concerned, we would be hopeful for approval because, as I mentioned, there are things there that are taking place that we think would be beneficial to all and certainly are not a part of any disagreement that may exist with respect to Freedom Court. Kubby/You lmow, Bob, my concern last night was not about congestion in terms of numbers of cars. That it was just about this uncertainly about when it is appropriate to get into the intersection that the cars on Freedom Court on the northern most leg of it and on Heinz Road. That kind of jockeying that might go on and the kind of additional communication that has to happen between drivers and pedestrians and when you are trying to turu onto the road. It wasn't a matter of number of cars per se. And so- Is it, maybe this is a question really for Planning staff. Is it possible to carve out a part of this plat to approve it tonight so that we can further discussion about Freedom Court under direction of council? Franldin/What I would suggest you do is to approve the preliminary plat subject to resolution of the design issues on Freedom Court prior to the final plat approval. That will give us some time to continue to work on this. We may then be able to carve it out prior to final plat approval if we can't come to resolution. Kubby/Okay because I don't want to say how- It is not my job to tell you how that road is to be but I still, after hearing your comments, wanting to say if you want Freedom Court to have two accesses to Scott, I am fine with that if it can be across from Heinz. You have kind have said that is not a choice you want to make. To say the other choice is- I don't care what from is at the cul de sac, a T, a C or whatever the letter it shall be. Downer/We have a C now. Kubby/But it can't have two accesses if it is not going to be across from Heinz Road. So maybe a G would give you even more lots. Norton/I was thinxking of a A. Kubby/Whatever letter you choose, as long as there is more distance between Heinz Road and that single access and I would like to see if other council members concur with that direction to P/Z before final plat. Nov/Dee Norton is waving at me. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 ~050697 #6k page 3 Norton/What do we have to do to put that condition on it? Do we have to amend the ordinance or the resolution? Do we have to make an amendment to the resolution? Franklin/You would make a motion to amend the resolution that it would have that condition. Norton/I would certainly so move. Thomberry/May I ask if there is another way of doing it. Talcing out the commercial from the industrial so that he could begin negotiations on the industrial lmowing that is a done deal while we are still working on the coaunercial aspect. Franklin/That is kind of what I am suggesting, Dean, in that the preliminary plat approval with the subject to. That moves it along. The next step is the final plat and if we can't reach some resolution before final plat so the industrial can go ahead, we will break it out at that point. Thomberry/Okay. Nov/And we will not approve a final plat unless we break it out or have a decent design of Freedom Court or an acceptable design I should say. Downer/I don't think it was contemplated there would be a final plat submitted on the entire subdivision simultaneously anyway and that was what this letter of credit issue was about. That some time was spent on to insm'e that the improvements could go in but that would allow at least some flexibility, particularly with regard to the industrial areas To design those to meet the desires of particular ptrrchasers. So I don't think that this proposed action will delay the industrial part of this but certainly the approval of preliminary plats doesn't give anybody the ability to go out and sell lots other than to talk about them in conceptual sense. So hopefully we will be able to get this one issue resolved during the time that that is going forward. Norton/If it is in order, I move that we amend the resolution to- Thornberry/Don't need to do that. Franklin/You will need to ranend the resolution. You will need to make a motion to ranend the resolution. Woito/It has to be in the resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #6k page 4 Norton/Amend the resolution to include the condition that we are approving the preliminary plat except for the piece with respect to Freedom Court which shall be resolved. Franldin/Approve it subject to resolution of the design of Freedom Court prior- CHANGE TAPE TO REEL 97-77 SIDE 1 Norton/I took the words right out of your mouth. Nov/(Moved by Norton), seconded by Lehman with the subject to provision that we amend this ordinance. Is there any discussion of the amendment. Okay, we need a roll call or a motion. Okay, all in favor of the amendment, please say aye- (ayes). Okay. We have approved the amendment. Is there any other discussion? Roll call- (yes). Okay, we have approved the resolution as amended. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, t997 ITEM NO. 7. City of Iowa City Page 10 REGULATING NON-MOTORIZED VEHICLES. Comment: This public hearing is to receive comments on a proposed ordinance which will amend the City Code by repealing the regulations regarding "toy vehicles" and setting forth new regulations regarding "non- motorized vehicles." This proposed ordinance will amend the City Code by repealing the regulations regarding "toy vehicles" and set forth new regulations regarding "non-motorized vehicles." In addition to defining "non- motorized vehicles," regulations include prohibiting non-motorized vehicles in the following locations: on streets and alleys (except in RS-5 and RS-8 zones), on sidewalks in the Central Downtown Business District, within Chauncey Swan Park, within the City Plaza, and in parking lots and ramps. PUBLIC HEARING (continued from April 8 and April 22) Action: CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (deferred from April 22) Action: ~.,-~Z//~-Z.~~--~.~ ~ /) · #7 page 1 ITEM NO. 7 REGULATING NON-MOTORIZED VEHICLES. Nov/I am going to open the p.h. and then I am going to read the amendment to the ordinance. The p.h. is now open and if you are here to cormnent on this ordinance, we have added an amendment that says no person shall travel or operate a non- motorized vehicle within any pubhc parking ramp or parking lot except where posted as a permitted activity and this was something that was proposed by city staff and skateboarders and the proposed allocation of this activity is in the parking lot behind the Civic Center.in the corner bordered by Van Buren Street and Iowa Avenue. It is approximately 1/4 of the paricing area that is allocated for this purpose. Vanderhoef/We also changed the hours. Nov/Okay, we should have the hours also. The permitted activities in this comer of the parIcing lot will be after 6:00 PM on weekdays and after 1:00 PM on weekends, Saturday and Sunday. We could probably include a holiday like 4th of July when the Civic center is closed. Okay. Woito/ But we don't want those provisions in the ordinance. We were going to do this administratively. That is why we used the tenr~ posted. You can make that decision much faster than changing an ordinance. Nov/But I am just saying that is what the sign posting will say and we are talking about very temporary barricades such as construction horse kinds of barricades. Nothing too permanent and there will some kind of apparatus that can be stored and put up and put down by the actual skateboarders. All of this is not part of the ordinance but it is part of the discussion that city staff has had with the skateboard groups. Dennis, would you like to add anything to this? Dem~is/ Mitchell/ No, I think you have pretty much covered it. I should also point out too that we will be putting signage on the top level of the Channcey Swan Parking Ramp to allow RollerBladers to play RollerBlade hockey up there as well. Nov/Okay and that will have hours and restrictions? Mitchell/Right, that will also be after 6:00 PM on weekday evenings. Nov/Okay, thank you. Now is there anyone who would like to discuss this ordinance? Heath Klahs/Hello, again. I live at 229 S. Johnson. Thanks for letting me speak again tonight. let me stick this over there. First off, I'd just like to thmtk the city council, Dennis Mitchell, and everyone we inet with the other day, the skateboarding This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 2 committee for actually talcing some time and sitting down and coming up with some sort of temporary solution, mad when I received this memorandum, I think everything on here was discussed objectively and I think for the most part as a collective, we're definitely willing to you lrmow utilize it as the best we can as a temporary situation. By no means do we want this to end here. In the last couple days, I've been contacted by a few parents. I've been contacted by more than a dozen of my peers. Right now we're kind of in a transition phase that we are seriously concerned whether or not that this is going to be put on the shelf now. And as skateboarders, we're in full swing of trying to determine how we can raise funds through maybe assemblies and the Iowa City tourism festival type thing is going to be going on. We want to be part of that as well. Our main goal right now is publicity and trying to come up with the funds that would make a permanent park possible. We don't want to segregated back in your guys' parking lot. Eventually you're going to need that parIcing space back and we're going to have to leave. And then where do we go from there. I mean these are all future issues that I thirdc we'll have to deal with. As far as the current allocations to the ordinance, I think this definitely a positive step. I think that this is probably the first step in what going to be a very long process to be coming you lmow more of a pennanent institution in here and I think evewone of you on the council should seriously consider what skateboarding is to us and look at it not just as Iowa City's thing but in the national level and just look at examples that we would bring to you and such that we can come up with a more permanent idea. The only thing that I would like to mention, the ordinance and I understand this is the best we can do. But there is the question of the younger kids in high school and this is really going to affect thein because this is the only time that they can really skate before they an go home and do their homework is from 3:30 until, most parents would like them home by 7:00. And I traderstand that. I mean that's respectable. I don't think that the high school students should be out at 3:00 in the morning. And as college students, that's our choice. The weekend thing, I think would work out great. I'111 not asking to go back in and try to dissolve this and reassemble it. I think that we should be very very prompt on coming tip with ideas. We should be talking about matching funds. We should be talking about plans. We should, I mean, we're organized. We're ready to do this. I'm asking you. This is more of a plea. We need to get this ball rolling. Because we're only going to be allowed in that park for so long and it's just a matter of we can't aboard as skateboarders to be shelved. And it's a fear. We're scared because we don't want to just have this little morsel given to us and then as item 2 on this memorandum states, a ch'amatic increase of fines. That will be another point I'll bring tip in a second. So as far as everything's going right now, I think this is great and it needs to contimle in this direction. But we can't be talcing one step forward and two steps back. We're doing this. We're getting a park. We're definitely talcing a positive step in giving the skateboarding com_mtmity somewhere to go and providing a positive environment for us, but in the process, we've lost our number one place. And an This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 3 increase in fines is proposed. I understand the reasoning behind that but I think the increases are quite dramatic. The situation you know to think about, a fifteen year old skateboarder. He breaks the rules. He's downtown. We'll just say it's $100 fine. That's $100 out of his parent's pocket. That's obviously going to prove, and it's going to become, it's going to be more of a problem than a solution. I think that this part of the ordinance would create more problems than solutions. I think we're going, some of these issues are being curbed in the wrong direction. And I just want to. Nov/What we're talking about, at least last night is escalating fines. So you would have a small fine the first time. And your parents would tell you, don't do this again. But if you did it again, the fine would go up. And if you did it again, the fine would go up again. By the time you have been fined a third time, I figure your parents are going to take away your skateboard because they can't afford to pay your fine. Klahs/ But my parents don't live in Iowa City. I have to pay those fines myself. And I would rather not be regarded as a criminal for a sport I take part in. I don't want to be in the same collective as traffic violations. I don't want to be associated into the legal system. I don't want to have anything to do with it. None of us do. All we want to do is ride our skateboards. And it is understandable by making these fines higher and higher and making everything more of a cascade affect, all this is going to do is produce problems. This is not a solution. This is not a viable situation. This is not logical. Again, this brings out a lot of concerns. I understand by giving us a park, you know, it is $28 now, $50 isn't that bad. But $100, you know, possibly you know, a consecutive fine would be a dramatic increase. That is not going to solve anything. I mean that is just going to- Nov/Hopefully it is going to keep the pedestrians safer. I don't know about the rest of city council but I am getting continuous calls about skateboarders, RollerBladers and bicycles on sidewalks and pedestrians who have been almost knocked over and we don't want any almost knocked over people to be literally knocked over. Klahs/But increasing the fines isn't going to keep the kids off the street. The only thing that is going to keep that situation from arising is by giving us somewhere to go. Nov/Well, tlfis is it. Thornberry/We have heard your argument. We have tried to help. We have taken that first step. Other people have other activities that they like to do, too. I particularly like to drag race. Mine is a very expensive sport when I get caught. So I would like a drag strip put in. We can't afford a- There are a lot of activities out there that people would like their own little niche. We are trying to do something for you and giving you this space and you mentioned the fact that the high school This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 4 students- I think it would be a neat idea to go in mass to the School Board. I will get a lot of calls on that one. But the schools when they let out, they have big parking lots that are empty, you know. Those could be utilized. I would suggest that the high school students go to the School Board and see what can be done there. But as you said, this is a first step, let us be happy with this first step and let us proceed from here. Klahs/I think that is an excellent idea but I would strongly urge you to not run around the issue and just- I mean this is- Thornberry/We have heard that. Lehman/Let me ask council. I thought I heard last night that we were not increasing the fine for the next offense. It is the one after that one. In other words- Baker/Four people said that last night. Kubby/It was more than four last night. Who agreed to that? Who agreed to escalate it? Thornberry/One, two, three, four, five. Woito/It was my understanding that you set it aside to talk about later. Norton/I think so. Kubby/There was a clear majority who wanted to have escalating fines last night. It was a clear majority. I don't really lmow what the numbers- Nov/We didn't set the numbers but we did say escalating. Norton/I don't think we finished the discussion of that. Council/(All talking). Nov/To pay police officers to enforce this. Baker/That fine question is not part of this ordinance. Nov/No. Woito/No, it is not. Klahs/No but it was an issue that needs to be brought up now. I mean- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 5 Council/(All talking). Thornberry/There will probably be escalating- Norton/It is hard for me to see where your position would stop. I mean suppose we turned over all of Chauncey Swan. What is next. I mean it really is hard to figure out where the end would be. Klahs/And again, consistently I bring this up most every meeting I am here. There is a dramatic miscommunication on what we are saying. I don't think- You lmow, Iowa City is going to always be skated no matter what whether I leave, whether everyone of us leaves tonight and in five years- It is a college town. There is always going to be new skaters. It is not going to change. The only thing is ordinances change and the fines are increased, yet we don't have anywhere to go, the only thing you are doing is your are maliciously hurting. Nov/We heard you. Is there anyone else who would like to speak. We heard you, we understand you. Okay. Klahs/I hope you are hearing me. To me and to my peers, it surely at this point it sounds like you are only hearing us halfway. So I just wanted to- Nov/We are all hearing you. We are not always in agreement bnt we are hearing you and we do understand and I think it is time to let someone else talk. Klahs/Thanks for your time. Ryan Mayer/I was down in the parking ramp a second ago. I wasn't even aware of this meeting and Officer McMartin drove by and he told me I should come up here and address you guys that he feels a lot safer when skateboarders are down in the parking ramp. His car, there is no crime down there because there is always somebody around. So, this would probably be the case in any even anywhere over the city. As long as there is somebody present, that would cut down on crime. I mean the only crime that there is is the skateboarders and that is because the council makes it a crime. So I just wanted to tell that point. Thank you. Nov/Thank you. Norton/Did you get a ticket? Mayer/No, I was in the parking ramp. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 6 Brian Getting/Hello. I guess I just wanted to add to what you were saying about where does it end and what else can you do? Like with fines, drag racing is approximately the same amount of a second offense skateboarding right now. I mean we are getting the same fines. What you are proposing is going to give us the same fines as somebody who is beating people up, same fines as people- It is actually cheaper to get a public intox. I mean you are putting us in a classification that is worse than people who are doing things, in my opinion, that is worse than going out and you know, exercising. Where does it end? It ends when we get a place to go. Thornberry/Public intox is going up also. Getting/Great, so now they are the same. I mean my point is just that you know, where does it end. It is when we get a place to go and it is not this hard. It is something nobody has ever even thought of as the list of hazardous recreational activities. It is never been even proposed to put skateboarding on there. I mean basketball, football, like with the schools. They can't- We tried in high school. They won't let us skate there. Their insurance won't cover it. The list of hazardous recreational activities makes it so the people have to be provided with areas to go do those things. I don't want to hurt anybody. I have probably hazed all of you a couple times. I didn't mean it. You know, I am not trying to mean or anything but I probably done it and I don't like it either. I don't- To tell you the truth, pedestrians get in my way the same as much as I get in their way. And, you lmow, a place to go is all we want. If you can find a place for basketball, if you can find a place for football, we are willing to do whatever we can to help out and like, you know. I know everybody is saying be happy with the first step but this isn't a first step. It is a change in everything but it is not getting better for us. It is not, you know. Just every year there is more skaters and it is not getting better. You are asking more and more of us to go in a smaller and smaller place. Thanks. Vanderhoef/I would like to just say something. It has been real interesting and very educational to me to listen to you young people talk about skateboarding as yore' sport. And I think there seems to be an evolution happening here that you people are athletes, you are doing your sport. However, in the greater community, so far it doesn't have the recognition that like you say basketball and football does. I don't know how you address that. But there is a change happening in the community and perhaps the conversation does need to get started at the schools and get recognized as a sport because we do in our schools and our swimming pools, we do provide some liability and I don't know a whole lot about insm:ance but it is certainly something that could be pursued as a conversation to move forward with your sport. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 7 Kubby/I was at a human service fund raiser and not a whole lot of people were there and I said wow, next year why don't you have a skateboard exhibition and let people know now so they can work on it just so people can lmow what it is about and experience it in a safe place. Getting/That is one of the problems. By the time it takes good to not really be a danger to pedestrians, you lmow, if it goes up every time, it takes two or three tickets to even get good at skateboarding. Now you are saying by the time to get good you got to give your board away or sell it to pay- Nov/Find a place other than the downtown pedestrian areas. Kubby/I agree with the speakers who are speaking the escalating fines. I think that we are starting to communicate and I don't think that we are hearing them completely myself. Getting/I don't think any of us is even happy with the parking lot idea. You lmow, we are giving a little. Kubby/Actually, you lmow, what was stated you are giving up your primo space in order to cooperate and then what to we- We start building this relationship with you and try to build some trusts and communication and what do we do? We escalate the fines. That does not make sense to me. And I prefer that we do not do that. Thornberry/I don't necessarily agree, Karen, that the downtown area, the downtown sidewalks are their space. I think they are everybody's. I think the DTA- Kubby/I am not talking about downtown. I am talking about Chauncey Swan Parking Ramp. I don't think skateboarders should be in the pedestrian mall or downtown, just like bicycles shouldn't be on the sidewalk. It is too- Getting/At certain times it is too dense. I agree with that but raising fines is also one thing that is going to make us run. I am sorry but it happens now. IfI lmow the fine is going to be twice as much as it was last time, I am going to do whatever I can to get away, you know. When that happens, you go to jail. You spend the night in jail with 600 drunk guys that beat up their wives. You are sitting there, going what are you in here for, skateboarding. Thornberry/Then don't do it. Getting/It is like asking Michael Jordan not to play anymore basketball. It is like asking me to put eight hours a day into something that I love for ten years and then tell me to quit. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 8 Thornberry/No, we gave you- Nov/No, just don't do it in the pedestrian area. Thornberry/We provided a space. We are trying to bend here. Norton/We should understand, we haven't finished out discussion of fees, fines. That is for sure. Kubby/But everybody is bending. Having 1/4 of the Civic Center fiat lot is a step, is one step. Norton/One small step for mankind. Kubby/There are a lot of women here who are skating. Thornberry/I tried skateboarding and I can't do it. I don't have the balance. Nov/Well, that is okay. Mitchell/I think one thing I should point out, too, is city staff is going to continue to work with heath and some of the other skateboarders to see if we can come up with some type of permanent solution. And they have already indicated they are going to help and try and raise funds. So, you lmow, I think this is a first step and hopefully it will continue. Courmey Daniels/I live at 53 Amhurst Street. And I am here to pump up the incline skating angle on this ordinance. I am not use to doing this so pardon my startuner. But I am just a middle aged person that likes to RollerBlade and I have the ordinance and I have read through it and I don't have- I am only talking on behalf of incline skaters. When I say skaters, that is what I am referring to. I rally don't have an opinion about skateboarders because I am not a skateboarder and everybody seems to already have an opinion about that. So I have- Most of the ordinance I think is pretty good. The one aspect to me that is really confusing is the issue of the low density, medium density housing rule. You lmow, it is a real difficult plan I thi~l~ for recreational skaters. A majority of incline skaters seem to skate on the sidewalks. the people I have seen in the residential areas because they are not real good skaters, they are just learning and if you are a serious skater and you are doing it for aerobic exercise, these sidewalks are too narrow to skate on and it is kind of a complicated issue because if you are in an RS-8 or an RS-5 it is fine to skate on the streets and that is most of the places where you find people doing incline skating. But it is hard to know when you are crossing the line to go This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 9 from one to the other because- For instance, where I live. I live on Amhurst and right across the street on Friendship it is a multiple family housing area and that means I have to go up on the sidewalk and ifI want to get to Scott Bold. and go on Overland, I can't do it. I have to go around the block to get to where I want to go. So that is just one aspect of it but it is also real restrictive if I wanted to say come down on Saturday and go to Framers Market because I have to get up on the sidewalk like at Clark Street and use these little sidewalks and if you have ever seen a penguin moving around, that is kind of what it is like because you can't go through the whole range of motion and stride on those narrow sidewalks. A three foot sidewalk is just too narrow. There are some eight foot sidewalks. They are not a lot. They are adequate for me most of the time but there is difficulty. I can't go through town like ifI wanted to go to the University to an event, I can't do it unless I hop up on the sidewalk and kind of move around like this to get where I am going to go. But on the other hand, I think that restricting skaters in the central business area is a good idea as long as there is adequate passage to get downtown on the streets and you lmow, I do hop off my skates when I am downtown. I really do. I take them off and I pad through my socks and do my shopping or get my cup of coffee and walk to wherever I have to go and then I go. But I just think it is really hard when you can't go through any of the eastside pretty much from like Muscatine and Burlington on into the downtown. It is just a real difficult situation and it seems to me that it would be more sensible to create an ordinance that would restrict skaters based on the density of road traffic, not housing density. You lmow, so that the restriction could- You lmow, you could restrict them certainly not to any highways, not on any main streets like Dubuque or Muscatine or Court or Rochester or any of those arterial streets. But, you lcnow, like Washington and Jefferson and streets that are a little or less used would seem to maize better sense. It just, to me, it just kind of just didn't maize sense to base where people can go and not go based on their - you know, whether it is a multi- family or a single family area and- I also seem to think that it kind of punishes people who live in multi-family housing, that they have to- to skate on the street, they have to walk to a different neighborhood to do that and it is, you lmow, we shouldn't have to carry a map arom~d with us or else we will get a ticket. You know, it just doesn't seem to be real logical. It seems like an engineer put that together and it just didn't make any logical sense to me. And the other thing that I think the ordinance should focus more on is safety. I didn't see, you lmow. I didn't see too much in there about how to be safe when you are on the street and I tlfink that it should be necessary for skaters, whatever kind of skater you are, to wear helmets and pads when you are on the streets and that focusing on safety is a way to prevent accidents and a way to get people to be more educated about what they are doing and not just, you lmow, hop on a board or hop on skates and go. It would teach people to be a little more focused about their training and how educated they are about what they are doing. And not hotdoggin' all around, really not being safe because they are not very good at what they are doing and This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 10 they are not really safe. So that is what I think the citizens should be taken to task for, you lmow, in the ordinance. So it is not so punitive and it is more educational oriented. Nov/Thank you. Daniels/I think that is really what I had to say. Thomberry/I would like to ask, Naomi, can incline skaters skate on the bicycles areas? Nov/Trails, yeah. Thornberry/Trails and the streets that are the bike lanes? Nov/I don't lmow about bike lanes. I certainly know they are on trails. Kubby/It matters what the zone is the way the ordinance is currently written. Woito/Dennis. Nov/Dennis, did you ever look up bike trails on this issue? Mitchell/Right, it would still be allowed to- People would be allowed to incline skate or whatever on bike trails. They are not affected by the ordinance. Nov/Fine. Now what about the street ramps? Thomberry/What about the streets that are delineated for bicycles? Can they incline skate in the delineated bicycle lanes on streets? Mitchell/No. That wasn't addressed. Thomberry/Yeah. Daniels/There wasn't the dissenting vote on that. Nov/What was that? Mitchell/Of course I'm not from the Planning Department, but we had Jeff Davidson and some other people there and part of the reason for limiting it to RS-5 and RS-8 zones is that those are the less busy streets. You don't have arterials and things like that and those zones. That was the reasoning behind just limiting RollerBlading on streets to those areas. I should also, I think we're actually This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 11 expanding it right now, although certainly it's not enforced. I don't think that you're actually allowed to RollerBlade on city streets at this time so at least it isn't expensive. Thornberry/Well bicycles are non-motorized. Mitchell/Bicycles are still allowed. I'm sorry. Thornberry/Just separate. Mitchell/Yeah. Just RollerBlades and incline skates. Thornberry/That might be something to look into also. Norton/What, making bicycles and incline skates similar? Thornberry/Yeah. Norton/Yeah, I would think we might want to think about that too. I see some people- Thornberry/They can go just as- Well not just as fast but boy, they can really scoot on those things. fast Nov/I have a problem with it.. Vanderhoef/That would be a whole other discussion because good bicyclists are choosing not to have bicycle lanes because they want to ride out in the street away from the curb where all the extra sand and so forth and it would be similar situation I would think with incline skates if you were in that outer section where everything flows. Mitchell/I'm not sure it would be a good place to RollerBlade actually. Nov/Is your microphone on? Vanderhoef/Probably not. I was going to go get coffee. Kubby/I mean, the whole other strategy that could be used is to base the violation of the ordinance upon behavior and not place. Norton/Yeah. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 12 Kubby/Or to do both, to say like the downtown in terms of the pedestrian mall or wherever we delineate as d.t. on the sidewalks is off limits but other places everywhere in town is based on behavior. Thornberry/I noticed that you gave me (can't hear) a couple of people. Norton/Now say that you, is there a chance, are we in a position to make modification to the ordinance at this point? Now we're only on the first reading again. Kubby/You bet. Mitchell/Sure. Norton/I should think that we would have an opportunity to reconsider possibly some of those matters. Baker/Dennis, you talked about a disagreement at the staff level about the status of incline skates. Was one of the options to make incline skating and bicycles equivalent whatever governs bicycles? Mitchell/It wasn't necessarily to make them equivalent, but to allow incline skating in more areas of the city and not just RS-5 and RS-8 zones. Norton/Good. Woito/Yes. That was my suggestion. Kubby/Why would you make a differentiation between a skateboard, someone on a skateboard as a mode of transportation and someone with incline skates as transportation? What's the difference? Norton/Because skateboards get loose. Baker/Sense of control from everything I've seen, heard, and experienced. Mitchell/I think part of it too is being able to keep up with traffic. So. Nov/Courtney's comments about the incline skaters wearing helmets and pads does apply also. You see more of them wearing those kinds of things than you do skateboarders wearing those ldnds of things. Baker/I think, Karen, was your question that skateboards and incline blades are the same, should be treated the same? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 13 Kubby/I'm just saying there are a lot of people who use their skateboards as transportation and why separate bicycles, incline skates and skaters. I mean, you have an answer. Baker/The operation of those two modes of operation, there are greater hazards with one than the other. It's just a first impression. Kubby/Perceived hazard. Norton/Some pretty big cities have a lot of incline skaters as far as I can see roiling fight downtown. I mean, there's I don't lmow what their rules are but they seem to be reasonably liberal about incline skates. Thornberry/That might be a discussion for a later time. Norton/We need to get at it, fix this. Baker/Except you could amend it to loosen up the restrictions on incline skating. Norton/Yeah. That's my theory, if we can. Mitchell/Would four council members like city staff to look at expanding the areas where people can RollerBlade or incline skate? Baker/Yeah. Mitchell/Okay. Nov/Okay, is there anyone else who would like to talk about this issue? David Johnson / I'm sorry I showed up late. I really wish I could've been here to hear everything that's been said. Nov/Would you say your name, please? Johnson/My name is David Johnson, I'm sorry. Nov/Thank you. Johnson/I'm a skateboarder. If you're going to differentiate between skateboards and RollerBlades, have you done any research? Do you guys have any information about that? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 14 Baker/That's what the staff is going to look into. Jolmson/I've ridden both, and I can say that when I'm skateboarding I can step off you know if I'm going to hurt somebody but if you're going to RollerBlade, if you're going to allow RollerBladers, you should definitely allow skateboarders. Baker/When you step off, what happens to the skateboard? Johnson/You can either put a foot down and stop it, you lmow you can kick up a tail, like, I've seen far more RollerBladers out of control. Like the fact that you guys are differentiating on these two forms of transportation leads me to believe that you just don't want people to skateboard. Baker/We just raised the question, is there a difference. And I don't thi~fic we've said. My first impression is, there's a difference, but I'm certainly not going to claim any expertise in that. We'll have the staff. Thornberry/We're having staff look into the possibilities. Baker/Chance to talk to them about it. Kubby/Are we? Because what Dennis just asked to clarify is are there four people who want to allow more places for incline skaters? Skateboarders were not mentioned in that. Baker/Right. Kubby/So we have not done so far anyway. Norton/We need some differentiation. Baker/That research would implicitly have to differentiate between the two moves. Norton/Yeah. Jotmson/And anyways, the thing that concerns me about this is that whether it's intentional or not, it seems to me that skateboarding is singled out as a sport. I mean I lmow that most adults associate it with thrashing, skaters destroy and all of that and I've really honestly don't understand why you want to make this sport illegal. I mean, can you explain to me why you don't want us to ride skateboards? Nov/Just in pedestrian areas. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 15 Johnson/That's like the whole town. I mean people walk everywhere. You lmow, are you going to allow skating in residential areas? Nov/Downtown pedestrian areas, not residential. We don't mind if you're riding in residential areas. Johnson/Okay. Nov/It's just the downtown that we're restricting in this ordinance. Kubby/It's one of the positive changes of this ordinance from the what is currently. Currently you're not supposed to ride in alleys, streets, or sidewalks, right, in residential areas. And now we're saying in the lower density residential areas, you can legally ride in he street, on the sidewalks, and in the alleys. Johnson/Yeah? Kubby/Yeah. Johnson/I'm not- Vanderhoef/And in that there is a responsibility of being aware of the rules of the road and the sidewalk like a bicyclist should be to give some right of way and obey the stop signs, stop lights, and so forth. Kubby/That's the one area, one of the areas, that's opening up opportunity. Johnson/So to clarify, are you guys going to vote on this tonight then, or did you decide to postpone it? Nov/It would take three votes, so if we vote tonight, we may amend it two weeks from now. But it will be four weeks before it actually passes. Johnson/Okay. Woito/Are you going to hold the p.h. open? Kubby/If we've asked for different information, maybe we should. Thomberry/Sure. Baker/I think we should. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 16 Kubby/But that means we can't vote on first consideration, all right, if we continue the p.h. Nov/I thought we were going to plan on voting first consideration. Kubby/But we can always take public comment. Thornberry/Oh, yeah. Kubby/Even if it's not a p.h. Johnson/So what constitutes the downtown area, just out of curiosity? Thornberry/We're going to ask for information. Norton/Well, have people had a chance to look at the draft ordinance? Lehman/I think- Woito/It's in the ordinance. Lehman/I think to Clinton. Woito/It's Van Buren, Jefferson, Clinton, and- Mitchell/It's actually Capitol Street to the north and then Burlington, or not Capitol Street to the north but to the west. Nov/West. Mitchell/And Burlington to the South. Right. Johnson/All riglat. I guess I don't really have anything to say right now. Kubby/If you want to see a copy of the ordinance, it will be at the city clerk's office during regular business hours, skate on by. Nov/We could also put a copy or two over at the public library. Kubby/And maybe if each high school's school library, so it's easy access for people. Would that be convenient? And there's a chart as part of the ordinance too that says what is current and what's in the proposed ordinance as in terms of whether This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 17 incline skaters and skateboarders, what they call do now and what they, you could do trader the proposed ordinalace. It maizes it real clear, easy to understand at a glance. Eric Neubauer/My name is Eric Neubauer. Thornberry/This is seven. Nov/Except for the change allowing skateboarding in this parking lot, the ordinm~ce did go to all the high schools. Norton/Okay, that's right. Nov/We did that. Kubby/We probably should add the amendment so it's all clear. Eric Neubauer/My name is Eric Neubauer and I live at 209 E. Fairchild. And I just want to thank you for all the patience you had with this and the patience we've exerted as a group as well in the organization we've tried to get together in trying to get this many people involved in the one thing. It seems to me though in this whole thing, skateboarding's been portrayed in such a negative light. And it's the most positive thing I think I Imow in the whole world. Like, this is one thing I've done for I think for eight years now. This is the one thing that's kept me grounded and I think all my friends and kept us straight. Obviously we're doing something right. We're here fighting for what we believe in. We're here, like standing up where most people will sit at home apathetic and do nothing. I mean and we're trying to orgalffze so obviously and we're going to get what we ask for. We're going to find a way to do it one way or another working with you and working through your system. We're not, I mean, that's not going to end. There's going to be a way, one way or another, it's going to happen. We're not going to lose our rights, because this isn't just a sport. This is a lifestyle. This affects everything we do. I mean tiffs is what we have chosen to do with our lives so far up to now. I mean, when I'm done studying at night and I'm tired, I can't think any more, I'll go skateboarding and everything's fine. IfI don't have that, and everybody else too, I don't lmow what would happen. It's just, I don't, you need to really sit back and see how positive this really is. I mean this is people's lives you're affecting more and more. It's growing every day and like you said and it's becoming more and more accepted. Maybe that's why it's growing more and more, because people're actually starting to see the positive in it. This is something that needs to be worked with and I lmow we'll come to solution becanse I don't doubt that. I've worked with all of you before, well I guess the majority of you. And we had This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #7 page 18 positive results then and I'm looking forward to positive results in the future as well. Thanks. Nov/Thank you. Ben Hartley/1126 Sheridan Ave. I just pretty much point out that like there are, I lmow we've been talking about like skateboarding and RollerBlading and we've been talking about skateboarding as doing the tricks and everything, but as RollerBlading as come along and to me it sounds it's more of a recreational thing, and our, I lmow you understand that. RollerBlading also is sort of an aggressive sport too. It is, I think one of the many things we have going for us, but I thi~k we need to realize it is a sport and there are concerns of people getting hurt or it's unsafe. We don't wear protective gear which some do, most incline skaters do just for the purpose of not getting hurt because it is part of, it is somewhat hard of a sport in some ways, but I find in school I've participated in football.. I wrestle. I've done all those things. I get hurt more in those sports during school than I do when I skate. And it is just that it is a sport. It is taking away of what we do like to do or love to do and that's just something I think needs to be considered strongly on. That's all I have to say. Thanks. Nov/Thank you. Is there anyone else who would like to address this topic? Okay. We're going to close the p.h. and vote first consideration. The p.h. is closed. First consideration is moved by Lelunan, seconded by Thomberry. Is there any other council discussion? Kubby/Yes. I'm going to vote for this, but with some hesitation. I'm going to vote for it because it's going to looses up some of the restrictions in some areas although it creates restrictions in others. And the place where it's creating restrictions is the parking lots and parking ramps except for the exception created by the committee. So that is my hesitation but because there are two more readings and because it is a cooperative venture, and we're going to be looking at some other avenues as well for now I will support it. And in the future I will not be supporting escalation of fees for violations. Nov/Any other discussion? Roll call- (yes). Okay, we've approved first consideration and we're going to take a break. Kubby/So in two weeks we'll be doing second consideration and we usually allow people to speak even though there's not a p.h. so it would still be going to see what kind of further changes there may be. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, 1997 ITEM NO. 8. qq~b ITEM NO. 9. City of Iowa Ci~~,~ Page 11 IOWA CITY'S FY98 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), {EXCLUDING HABITAT FOR HUMANITY), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN 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 FOR THE CONSOLIDATED PLAN. Comment: As required by the U.S. Department of Housing and Urban Development, the City Council is holding a public hearing to solicit comments on the FY98 Annual Action Plan. The Iowa City Housing and Community Development Commission, at their April 17, 1997, meeting, recommended approval of the FY98 Annual Action Plan including any changes made by the City Council. To receive FY98 funding, this document must be submitted to the U.S. Department of Housing and Urban Development (HUD) by May 15, 1997. Staff memorandum and FY98 Action Plan included in Council packet. a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION ADOPTING Action= .' CONSIDER A RESOLUTION ADOPTING THE HOME INVESTMENT PARTNERSHIPS PROGRAM ALLOCATION FOR HABITAT FOR HUMANITY WITHIN THE FY98 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS). Comment: See comment for Item #8. Action: #8 page 1 ITEM NO. 8 IOWA CITY'S FY98 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), (EXCLUDING HABITAT FOR HUMANITY), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN 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 FOR THE CONSOLIDATED PLAN. Nov/This is a p.h. followed by a resolution to adopt this plan. (Reads agenda item). The p.h. is now open. Charles Eastham/1152 E. Court Street. I have a brief handout I'd like to give the council. Nov/You could just give me the stack. Baker/Brief?. Nov/Please go ahead. Eastham/At the informal session last night, some questions were raised by council members regarding the proposal from the IC Housing Fellowship for rental acquisition project as far as this year's CDBG and Home Program. I prepared, the question was, there were two questions actually. One, should lower income housing projects in all cases pay full property taxes over the life of the units. Another one raised by another council member had to do with the can the rent on the projects be low or lower than the fair market value. I prepared a financial analysis showing the effect of taking those two actions and use it as an example. The basic project that the Housing Project proposes this year, which is acquisition of 18 two and three bedroom rental units for rental at fair market rent. The first two paper clipped together are two financial studies. The first one entitled Project Planned To Pay All Property Taxes simply shows that if this kind of a project paid the full property tax assessed on the project which in the first year are about $25,200, then as you can see in the highlighted portion to the right on the first page on the bottom under the heading GAP Finance Analysis, that paying those property taxes if all other things are left constant requires about $219,000 for this 18 unit project in additional up front capital and there's really no money in- CHANGE TAPE TO REEL 97-77 SIDE 2 Eastham/-for repaying additional funds in the form of, it it were in the form of a loan and the second example or illustration I've prepared, the one that's labeled Project Plan For Rents of 80% ofFMR. If you keep the project planned so as to pay the property taxes that Housing Fellowship has proposed which basically are This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 2 payments of the taxes but the rents were reduced from a proposed fair market rent level to 80% of the fair market rent. Then the project will require an additional $172,000 in up front capital in a form that could not be repaid if the project is to cash flow. The basic point is that taking either of those actions, either paying all of the property taxes or reducing the fair market rent levels significantly below the fair market rent requires additional up front capital. that's basically the whole point. Kubby/Thank you, Charley. Thomberry/One question. Is this a for profit or not profit venture? Eastham/The Housing Fellowship is a non-profit organization. Thomberry/Who's making a profit on it? Eastham/Well, any net income, net revenue would come to the Housing Fellowship. I'm not an economist so I don't understand all the m~ances between profits and net incomes. Thomberry/My corporation I real close to being a non-profit corporation. Eastham/Well, I guess not for profit is a better word. Kubby/Any net income gets reinvested into more housing projects to provide affordable housing. Eastham/Sure. For sure. Does that help, Dean? Thomberry/Yes and no. There are people making a lot of money off these projects. There are some people making a lot of money by doing these projects or they wouldn't be being done. Is that correct? Eastham/The Housing, as far as a non-profit doing, as an example, the Housing Fellowship doing this particular kind of project, no one associated with the Housing Fellowship is making any money off the project at all period. The staff gets paid for their time. That's it. No individuals are making any money on it. Thomberry/Hm. Management. But there is a 5% management fee. 5% of, what's the total? A million five? Eight one. Eastham/The management fee is 5% of the net revenue. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 3 Thornberry/In operating expenses, management fee is 5%. Eastham/5% of net revenue. Thornberry/5% of net revenue or gross revenue? Eastham/Net revenue. Thornberry/If it's non-profit and there's a net revenue of zero, because it's non-profit. Eastham/I'm sorry, Dean. You're correct. It's actually gross revenue. Thornberry/Gross revenue, 5% is management fee and that 5% is $1,581,0007 Eastham/No. The gross revenue for the first year is $123,120. Well, wait, that would be correct. Thornberry I am sorry, that was project costs. Eastham/You lmow, any non-profit all fees go to pay the expenses of the non-profit. Thornberry/That is why my corporation is non-profit. That is why my corporation is basically non-profit. It does a little bit of profit but not much because the management fees are exorbitant. I understand. Jodi-beth McCain/I am here on behalf of the River City Housing Collective. Here with me tonight, again, are several members of the collective and I would like to ask them to raise their hands. The River City Housing Collective (RCHC), a non- profit organization was incorporated in 1977. This year we are celebrating our 20th anniversary. For the past 20 years we have had a vision for housing in Iowa City. We envision the city where all people, young an old, of all income levels, the disabled, families and single people, students and non-students. People from all occupations, races and backgrounds would have a clean, safe and affordable place to live. We hope that you share this vision with us. The RCHC realizes that we are not able to respond to all the existing needs in the community which would have to be addressed in order to make this vision a reality. However, for 20 years we have tried to do our part and to do what we do best. The provision of resident control, single room occupancy housing units that address the needs of single people, couple, and single parents. Single people face the same risks of becoming homeless or having to pay excessive amounts for their income on housing as other Iowa City residents. However they are excluded from public housing programs. We try to fill this gap in the continuum of housing. A gap which is recognized as important by the high priority which City Steps places on the provision of single This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 4 room occupancy units. We are here tonight to ask you to approve the recommendation of the HCDC that we receive a loan for $80,000 to be used for the down payment for the acquisition of a new property. After consulting with city staff, we maintain that our proposed project will not be feasible at an interest rate of higher than 1%. Our original proposal has already been reduced by $5,000. If we were asked to pay high interest rate, we would not be able to meet operating expenses and debt payments. We therefore urge you to approve the Commission's recommendations for the following six reasons: 1. Of the 27 proposals, the Commission ranked the Collective's proposal #7. With a loan of approximately $4,000 per unit, Collective makes efficient use of public dollars. 2. RCHC rents are affordable. Out average rents is 10% below fair market rent and 30% below market rents. Collective rents include utilities and laundry services. 3. Although 65% of our memberslfip are students, this simply reflects the fact that according to city staff, 2/3s of all low income rental households are students. Programs in the past have included funding for students. Furthen~ore, many RCHC who are students are the first generation in their family to attend college while others are non-traditional, continuing students, struggling to support themselves who would not other wise be able to afford Iowa City housing. I wish to assure you again, that all residents of a property acquired with HOME funds would meet HUD's income requirements and to highlight that it is projected that over 65% of the residents would have incomes below 30% of the area median. And that this may mean that the percentage of students in that future property would decrease. I also assure you that we will perform income verifications just like all the other organizations that receive these funds. 4. The property which we hope be able to purchase includes four efficiency units which would appeal to a broader population and to which we hope to attract single parents. 5. We are connnitted neighbors dedicated to neighborhood integrity and to historic preservation. We work with the existing housing stock, emphasizing upkeep and reinvestment for current and future residents. We pay property taxes. Last year we were awarded the City's Community Development Award. Finally, we provide innovative living arrangements that lower housing costs and empower resident members to act as home owners attempting to bridge the gap between renting and s.f. home ownership. We have done our best to present a proposal which conforms to the regulations set fourth by the HCDC and one which will help us to further implement our vision of decent housing for all in Iowa City. Thank you. Alfonso Orbegoso/I live at RCHC and I work at Greenwood Manor Nursing Home and I will be making about $8,000 a year. I think that RCHC offers Iowa City a m~ique kind of community. It is the only place that I can think of that where people can rent a room and work together to make decision together and live together as a community. It is a non-profit community so that the only thing we have to gain is to keep a house for next year when 22 residents of RCHC will have to move out. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 5 And I think Iowa City needs more low income housing and I think this would be a perfect opportunity to support that. Nov/Thank you. Jeff Strottman/I live at RCHC, one of the coops. I work in this town. I work at the Hospital for the University. I was born and raised in this town, it puts me in a minority, native born have lost their city. I have seen a lot of changes in this city which make me sad and I realize current city council isn't responsible for most of them. But city councils along the line probably had a lot to do with it. I remember getting out of high school and seeing rooming houses all over the place, rooms typically typically rented for under $100 and it is way different now a days. Rooming houses then had usually pretty good mix of working people and students, all the ones I lived in did. Such places pretty much are on the way out to the extent they still exist now. Your choices are pretty in huge apartment houses or, I think, the lfint that worldng class is getting in this town is more you are not really welcome into the town and should move to trailer parks outside of town. It is a trend I don't like to see and I don't think it is conscientiously looked at that way most of you would support. I think not supporting the collective in this loan for a house is a step backwards from the Iowa City that I grew up in. I think it is becoming something different that what most people moved here for. Nov/Thank you. Is there anyone else who wants to talk about the Consolidated Plan? Be~mett Brown/I am a resident of 802 E. Washington Street and that is one of the two properties owned by RCHC. I am here representing the ten members of that household, the ten residents. I am one of two of the entire collective's 46 members who is not low income and I pay a rent that is 7% higher than market rent, I am sorry, higher than fair market rent. I do not deserve a subsidy and I will not be living in a house, should it be purchased with HOME funds. However, I am here tonight to advocate for RCHC's proposal for HOME funds because I believe that it would provide quality housing for people in need of a subsidy. As a representative of my house's ten residents, I would like to share a conversation that six of us had in the kitchen earlier this evening. I asked, playing devil's advocate and trying to understand council's position on this issue based on what I heard last night. Well, what really would happen to us if we didn't have RCHC as a housing option in Iowa City? Where would we live? What would we do? I asked what if you had to pay market rent for a room in a rooming house which would be a 38% rent increase over River City's average rents? Two people said I pay 38% more rent and be kind of bummed out about it but that would be what would happen and I would live in a room in a rooming house at market rent. I was one of those two. Two people said I would be forced to not have a place that I rented m~d I would ask friends ifI could sleep on their couch and offer to pitch in for their This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 6 rent. Two people said I would be forced to drop my course load, these two are in their late 20's and are trying to get an undergraduate education. I would be forced to abandon, they said, my plans for an education and get a second or in the other case a third job. I believe that a tremendous portion of RCHC's current residents are in need or and deserving of a HOME fund subsidy and I believe that the residents of a future house purchased with HOME funds would be even more so. Thank you. Jason Maier/I work at Burger King, downtown Iowa City for clarification. I work 33 to 37 hours a week. I bring home somewhere in the range of $600 a month. Imn open with these numbers because I am sure you can realize that that is probably less than about $10,000 a year, low income housing. I am not a student. I urge you to go ahead with this proposal because I don't think I could find another place to live at such a low income rent. Thank you. Bob Hearst/I am also a member ofRCHC. I Live at 703 N. Dubuque. I have lived in Iowa City for about 12 years, seven at which have been in the RCHC. I am a little bit concerned that in some of the past discussion of our quest for a HOME loan, I think that RCHC has been somewhat unfairly characterized as a predominantly student organization and while yes, we do have many students like I think most other organizations and institutions in Iowa City where students are everywhere. I think we have become over time much more than that and much more of an integral part of the community. I like, like many of the other residents of Iowa City, came here originally to go to the University but have stayed on since and likewise, RCHC began 20 years ago sponsored by the University. But I want to emphasize that that is no longer the case. We no longer have any formal legal financial ties to the University. And I think that more importantly since we have become independent from the University, we have really established ourselves as active members of the Iowa City community. As others have said, providing low income housing for people who wouldn't have nearly as many favorable options with out us. We pay local taxes, we vote, we spend a great deal of money at local merchants. We take good care of our property and I think provide a very positive example of things like recycling and energy conservation. Most of our members are volunteers in other organizations in the community like the Crisis Center, the Agape Care, ICARE, UAY. So we are not just students who are just kind of breezing tl~ough to get our degree and then leave with no concern about the community that we live in. I think that while, like Be~mett who just spoke, I can afford to live elsewhere. I work as a payroll clerk at Mercy Hospital. I could live in a more expensive place but I choose not to because I think one of the really positive contributions of the RCHC is that we do help people learn and sort of gain experience to become members of a community. to learn how to live in a cormnunity, literally in my house with 21 other people. And I think that we do provide an excellent source of low income housing because of our organization This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 7 and our structure, we are able to keep down rent by our members providing some of the labor, some of the work that ordinarily a landlord would provide and have to be compensated for in the rent. So by organizing ourselves to do that work ourselves, we not only provide lower income housing but we are also teaching people how to be good tenants, good community members, good residents, good carers of property. The loan being discussed will, of course, enable us to expand that service of providing more low income housing and I think that while I myself won't benefit from it, I won't be in a subsidized house. But I think it is important because what the RCHC does is benefit the whole community and the whole of Iowa City and I urge you to support our loan request. Thank you. Zach Williams/Good evening. I reside at 703 N. Dubuque. I would just like to briefly add my point of view. I have been a member of this conmmnity since I was three years old. In 1977 my family moved here. Although the rest of my family has left, after I finished college, I decided to retm'n to Iowa city because of the affection I have for this community and I have seen the work that the RCHC has done and I am very impressed with it and I hope that we can support it in anyway that is possible because it is a benefit that we have offered to the community and to the people that take advantage directly of our services. Thank you. Susannah Middaugh/I live at Summit House, 200 S. Summit. One of my~ I think one reason I really like living there is we have lost the extended family, a lot of us. My parents are now Canadian citizens. My brothers and sisters are in Oregon, Michigan and also in Ontario. And for my son and myself, it is wonderful to lmow that you can have people who will, for me, to be there when my home is home for school. He is now, he will be 13 this year and there just- You don't get childcare at that age and extended families are real important and we need to make them where we live and that is real important to me. Isolation and loneliness are real with people and that's something that's important in a cooperative house. And for people to be able to have that choice. I work at United Action for Youth and I'm now working with the teen moms and I was approached about that. Well how about a teen mom living in that situation. And so there are so many possibilities we haven't even looked at and we're talking about a home for someone in the future that we haven't really even met yet. And I was one of those people at one time coming to the door and I think that's what we're talking about, how to keep our communities going and people who are interested in our neighborhoods. And I feel good in my neighborhood when I walk the dog at night and I want people to be able to lmow they can live in a neighborhood like that too. My son goes to Longfellow School, you lmow. To me that means a lot. I really like that school district and if I wasn't living in the coop in that neighborhood, he wouldn't be going to Longfellow. And that means a lot and I would like that opportrmity for other people as well. I've lived in projects in other communities and when everyone is on ADC, you lmow you're kind of pulling each other down. You This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 8 don't have as much to pull each other up about. And we have variety in the house where I live. I just hope you will pass this so we can have opportunities for other people. Thank you. Baker/Suzanne. Middaugh/Yeah. Baker/Can I ask you a question? It's an awkward question, but you do have a son, right? Middaugh/Sure. Right. Baker/And you are classified as low income. Middaugh/Mm-huh. Baker/Would you be eligible for a Section 8 housing voucher? Middaugh/Yeah. But not at this moment because I'm a VISTA volunteer and because of that, I'm not eligible. Kubby/Because you are a federal employee or something? Middaugh/Yeah. And so that's the reason. Yeah. Thank you. Steve Karmer/I reside at 200 S. Summit also known as Summit House, a member of the RCHC, one of three houses that make rip the collective at the current time. And I just want to let you know that I came to Iowa City last year and I stayed here because it seemed to be a progressive and healthy place and one thing that seemed to be a little bit out of whack was the housing situation. One of the places that I first lived at was I happened to get a break. The original cost, the cost that was usually charged for a three bedroom half a house was over $1,000 and because some people had backed out the previous year, I was able to get one of the rooms and get it for approximately $250 plus utilities. I think most of us would agree there could always be some more moderate and low income priced housing and I think what the HOME loan will do is help create more of that. I think it is in the power of the city council to help create that. I think what we have here is the real good merging of public and private responsibility in this project and I think that is what you find in a lot of the projects that are up for the grant money and the CDBG. And I currently work full-time for APEX downtown. I make about $13,000 a year and I would consider myself a low to moderately income person and the RCHC is a place that offers me clean housing, it offers affordable housing and it also offers me the chance to make a difference in my housing. It is not easy. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 9 It is hard talking about some of the issues that we talked about at the house and how we try to resolve things. But it is really self empowering and you are able to maize those decisions and that is what we offer for all of the members that are part of the RCHC. I think we offer the possibility of some empowerment and a very positive housing experience and I think what we want is a variety of options for low income people and not just Section 8 housing or not just terrible condition rooming housing. But we also want places like the RCHC that offers some ~fice housing at affordable prices for people to live in decent conditions. So I urge you to vote for the HOME loan for the RCHC along with the other recommendations that were put forth before you. Thank you. Russell Lovetinsky/1011 6th Avenue. I would like to speak out as a citizen in favor to the city's low interest loan to the Collective. As a life long resident with a long family history here in Iowa City, I recognize that rental housing is an integral part of our community. I think the Collective is open to all who need housing and I think it represents some of the best qualities of Iowa City. I recommend that the councilors support the low interest loan to the Collective and thank you. Kubby/I have a question for the committee. Is that all right now at this time? And maybe, I don't lmow, I have seen Gretchen. Anyone can answer from the committee if you so choose but one of the things that some council members have talked about in terms of River City has been that many members of the Collective individually would not receive any kind of benefits from our society which actually I disagree with because there are many benefits that single people can get from our society like SSI and foodstamps, etc. But let's just assume that that is true, that individual members cmmot-are not receiving benefits. Therefore why should the collective receive benefits. Was that issue discussed at all at the committee in making your determination? The answer was no, it was not. Norton/I have a question. Can somebody, I don't h~ow who should answer. How do you actually select new members for the Collective? What is that process like and how- what is the waiting list like because we are talking here about an expansion here, are we not? We are not talking about doing away with existing places. This is to add. McCain/We are asking for this loan because the lease on 703 N. Dubuque Street property is going to be up in June of '98. So we are talking about expansion in terms of the properties that we own but we are talking about maintaining the number of properties that we actually current lease. And in terms of selection, it is an open selection process. Anyone who is interested in renting a room at the Collective calls us. We answer the call. We invite them to dimmer. They come to dimher. They get a tour of the property and afterwards, a committee interviews them and asks them questions about how they learned about the Collective, what interests they This represents only a reasonably accurate transcription of the Iowa City council ~neeting of May 6, 1997 F050697 #8 page 10 have in working together. If they would be willing to put in the 16 hours of mandatory work that replaces our management fee. And how they deal with conflict because with so many people living in a small space, how you deal with conflict is important. Norton/Just one follow up. Bennett implied there might be some change in the overall character or distribution of the backgrounds of people in the future and I just wondered, does that mean could you in fact focus that on people who are, let's say, retnrning to school after having a job and not returning and having to take a low paying jib in order to go to school. Could you focus it that way or is that possible? So that you are collecting people who are trying to improve their lot but are in a position where they don't have a decent income at the moment. Kubby/You have to be careful about the Human Rights ordinance with some of those issues. Norton/That is why I wondered. I am wondering how they go about collecting. How do you get the change that Bennett alluded to? McCain/The change that Bennett alluded to is so that we meet the HOME funds requirements that say that 90% of the residents in a property acquired with HOME funds would be at 60% or below of area median income. So we would have to add to our selection process the question of how much do you earn. Norton/But you lmow, as we talked and I talked to you on the phone, that is really difficult for people and many times in student status. Almost every student, as far as I lmow, has no visible means of support other than, by and large. So they are kind of imherently poor but it is temporary and it is a choice. McCain/Well, one of the other things that we have made clear is that if a student is counted as a dependent on their parent's tax return which would be a majority of those that if their parents are low income, then they would be considered as low income. If their parents are high income, then they would be considered high income and they wouldn't be eligible for housing. Am I not understanding your question? Belmett Brown/I would like to add sometiring to try to respond. Nov/Don't go away Jodi because I have a question for you later. Bennett Brown/The reason I speak of targeting a different population than what we already have for a HOME funded house is we have turnover. So we replace people that are in the organization. A year from now, if we were to purchase a This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 11 house with this funding then we would try to do that this cycle of leases. So the people that we would be filling that house with would not be current residents. If we were to fill it in a year rather than sooner with this lease cycle. Then even so most of the residents would not be current residents or turnover is such that we could accommodate current residents within our owned properties rather than leased properties. One more thing is that as the secretary of the board, I take the minutes and can recall specific things that people said. It was actually a debate rather we should apply for the HOME funds and something that we heavily considered before applying. We didn't want to apply in earnestly and wanted to decide as a group of people whether in good conscience we felt that we provided the community with quality low income housing. We felt that A- we did and B- that the 90% requirements given by the federal HOME loan would be more stringent based on a survey that we took of ourselves. Slightly more stringent than where we currently were and that was a debate within the Collective. We decided, every single member agreed to a change in the target population of our Collective. So that it was a conscience decision that we agreed with the reasons for requiring 90% of the residents to meet certain requirements and that was something that we were interested in providing in the community. Kubby/You also mentioned that in a property that you are looking at acquiring, if you get the HOME loan and combine it with a private loan, that there would be four efficiencies. So there would be room for more families within the collective because of that different ldnd of structure, physical structure. Nov/I think I am losing track of numbers. How many did you say are currently students in the cooperative? McCain/It is 33% that are not students, that would be 15 people out of the 46. Thornberry/60 some are. Nov/So 67% are students. McCain/Well, 2% is the child. Nov/Okay, so 65% are University students. We are counting a child who I won't count for this particular number. McCain/Okay. Nov/Somewhere and I don't remember where, I saw a number that I read 30% are students and this may have been in the application. Has this number increased between the time in February when you turned in the application and today? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 12 McCain/I don't believe in the application we- It wasn't a question in the process how many of us were students. So I don't believe that in the application itself it was stated. Nov/Do you remember that there was a 30% nutnber? Do you remember what it applied to? Audience/(Can't hear). McCain/Right. We are 35% undergraduates and 30% graduate students. So maybe- Nov/Okay, maybe that is why I missed that. Okay. One more comment. I have received negative comments about the appearance of the property on Sttmmit Street. People who have talked to me about it say it looks like a mess. McCain/Okay. Nov/It was 16 hours a week of volunteer labor, it should not look like a mess. I have to confess I did not have the time to go by and look at it myself. But because people lmow that we were considering the option of a loan to this group, they felt that need to tell me it didn't look nice. So I am passing it on. McCain/Okay, thank you for passing that on. It is 16 hours a month and not a week. No, just to clarify and- Nov/16 hours a month would keep up the outside appearance. McCain/Correct and we- Nov/That is one person. If you have two it would look gorgeous. McCain/And we welcome you to come by and you know, let us know and we do not intend to have properties that any neighbor thinks are not looking good and we do try ottr best to keep them as integrated into the rest of the neighborhood as we can. The property on Wasltington Street has been nominated for the National Registry and we are very proud of that. Nov/But still you occasionally have to pick up, make it look neater. That happens no matter where you live. It has nothing to do with the location of the property. Kubby/Or the loan application process. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 13 McCain/Any other questions? Baker/Jodi, can I ask you a question? McCain/Certainly. Baker/Were you given a copy of the memo I gave the council about my concerns about River City? McCain/No, sir. I was not given a copy. Baker/Was anybody in your group given a copy that that memo that you know of?. I think one of the reasons we are having this discussion tonight is because I have raised questions about the status of the recipients of the financial assistance and I put that into a memo and gave it to the council for Friday's packet. McCain/I did not receive it. Baker/And it was going to go to- Did the HCDC get a copy of it? Okay. Thornberry/You didn't put confidential on it so it didn't go anywhere. Baker/No, I didn't put confidential on it because I turned it in because I assumed that we were going to allow people to respond to those concerns. Very briefly, let me summarize what I said. Thornberry/If you would have said confidential, everybody would have had it. Baker/My initial reaction to the application was reluctance because I was bothered, because I think some members of the HCDC were by the high percentage of students. That once we open up financial assistance to students in a town like Iowa City with limited resources, we potentially create very severe problems. When I put my thoughts down on paper, I set aside the question of whether or not students should be getting aid. The test became would the individuals, the overwhelming number of individuals in the group get financial assistance from the city as individuals. And if they would not get assistance as individuals, as single able bodied adults, why should the group, recognizing that there are individuals within the group who certainly, I think, might qualify for existing programs. That given limited resources and competing applications and interest from other clearly defined and long established housing projects or programs, why would River City qualify for assistance as a group when the overwhelming number of individuals would not qualify by themselves? Could you address that question? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 14 McCain/I can attempt to and I will also ask for staff to help explain that because I have tried very hard to be well versed in the HOME fund requirements but I cannot speak with any authority on Section 8 or Public Housing. I can only state that it is a City Steps priority to provide single room occupancy units and single room occupancy units means that that would be for single people. And that was the document that we were given to reply to in elaborating our proposal and that is what we did. Baker/ I think one of the things that is going to come out of this discussion, and I think I said this in the memo, it has certainly caused me individually to go back and start looking at some of the programs and criteria that we have set up. We have had one other application for single room occupancy. But one of the key questions becomes does the financial assistance go to a type of living arrangement or does it go to the individuals in the living arrangement. A single room occupancy rooming house that targets very specific populations makes a lot of sense to me. But in a community like Iowa City, when I look- I teach college level. I would say 75% of my students are comparable to most of the people that got up and talked tonight and those students of mine- I try not to maize student the issue but just the young single able bodied people I deal with. They would not be getting assistance because with the limited resources we have, we would be spending money on families, on the elderly, the disabled, populations like that. That is my hesitation about River City. That as individuals, I wouldn't be giving you assistance. As a group, I am having a hard time justifying it. McCain/And staff can correct me if I am wrong, I believe that Public Housing and Section 8 is specifically geared for the lowest income of that low income bracket. And the idea, I believe, that Congress had when they passed CDBG and HOME funding was to provide a continuum of housing opportunities that would insure that people at different stages of renting and away from home ownership or towards home ownership and away from either homelesshess or from renting, would have a wide variety of options to choose from and so I think that part of this may be that the Public Housing and Section 8 are geared for one subset of the population that CDBG and HOME funds are trying to assist and that some of the other programs that we are looking at are more, maybe even in the 50 to 60% of area median income. But they are still requiring of assistance because they can't make it at the market rate. So it is in general that I believe this program is meant to reach a wider population. Baker/Would we both agree that given limited resources, that it maizes sense to prioritize the people that get the assistance? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 15 McCain/I believe that given limited resources, it is important to look at the housing needs in the community as the City Steps Plan did and respond to those needs which were given a high priority and our proposal is responding to a need that was given a high priority. Baker/But you yourself, I think you would say if someone had to choose between you and someone who was elderly or disabled but also low income, you yourself would say that person or a parent with a child should be- McCain/We are - We have disabled members sitting right here and we have members who are mothers and as we have said, in the new property, we hope to have more single parents. So I think that we do agree with you and we are hoping with a new property to be able to reach out to a wider population that is in need in this community. Baker/Was that part of your discussion with HCDC? McCain/That was not brought up with HCDC because we fell within the requirements that they had set before us. Norton/I just wanted- Could someone from the Commission maybe comment at this point because I have read their minutes pretty carefully but I must say I had some problems to try to deal with it. And I am very much up in the air. I see the virtues and I see the difficulties of this particular proposal. But I kind of like to hear somebody from the Commission explain a little bit more how they looked at this matter of priority and how- Are the funds vitally needed elsewhere or can we afford them here? I guess that is what they have said. Maybe they can reiterate that. Gretchen Schmuch/I was trying to remember back in our discussion mxd unfortunately I moved this weekend and couldn't find our notes. But basically what we looked at is determining the hierarchy of funding was the criteria sheets that you got in your information packet about a month or so ago and we- CHANGE TAPE TO REEL 97-78 SIDE 1 Schmuch/How we try to balance projects against each other and maybe part of that is that we didn't get everything that we maybe should have into our discnssion. But because the numbers fell out for whatever reason we had, compared to every other project, River City Housing came up as a very high priority in our list. Baker/We haven't had that many comparable projects go through this process, have we? The single room occupancy of the rooming house option. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 16 Schmuch/No. And we have never used this kind of criteria, this objective criteria before on the Commission either. So this is a new thing for us trying to level the playing field as much as we could. Baker/And you did have other projects that are not fully funded from what they requested? Schmuch/Correct. Baker/Okay, thank you. Kubby/One of the things I look at, too, is when we appoint people to HCDC we made a real conscious effort lately to have a real broad range of people on there from representative from financial institutions and University. For a while it was very concentrated in the Human Services area and that has gotten very much broader and that in combination with the kind of extensive objective criteria really makes those recommendations very powerful. Nov/Is there anyone else who wants to talk about this consolidated plan? Thornberry/I guess I have a question or two, too. You said that the University use to fund River City Housing or at least a housing coop and they don't now. They stopped funding it. How long ago was that and why did they stop funding it. McCain/The agreement in the beginning was that they rented us houses that they had extra, small houses, and the rents were very low. They were $75 to $85. And the agreement was that we would work towards independence and so we would charge our regular rent and everything above the cost would put into a development fund. And that is how we have been able to acquire the two properties that we currently own. That relationship with the University ended I believe in 1992 because they felt that we had reached independence. The situation is that it was those subsidized rents, essentially subsidized by the University, that enabled us to have a growing development fund and the rent that we are paying currently on N. Dubuque Street is also enabling us to put some money into the development fund but we will barely be able to cover ore' start-up costs witk the money since the property we bought on Summit Street. So that is the way we grew in the past but we have- There is no relationship now with the University at all. Their objective in the beginning was to create an independent housing collective and we did so and we no longer have any relationship with them. Thornberry/You said this is sort of a transitional housing between no housing or very low housing into a transitional housing. When do they make the jump to retail This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 17 housing? Do you have a cut off point when they are making so much or when they decide that they would like to leave, they leave? Or when is the transitional part take place? You said that if they could live elsewhere. When do they make the jump to out of River City Housing, for example, to retail apartment living. When does the transition end and- McCain/That is different for every single person and I could tell you some stories. But it pretty much is determined when their income rises. Thomben'y/There are some that could pay retail rents now and they have decided to stay for one reason or another and they like the living arrangement. McCain/And the property purchased with HOME funds they would not be able to stay there once their income raises because of the increment requirement of the HOME fund and when I speak or transitional bridging the gap, the idea is that because of the responsibility the resident members take in the housing, in budgeting, in cleaning and repairs, it is one step away from renting closer towards eventual home ownership. We feel that we teach a lot of the sicills that are necessary to be a home owner eventually. Thornberry/12 hours a month? McCain/16 hours. Thornberry/16 hours a month. Audience/(Can't hear). McCain/That it is the whole broad spectrum of responsibilities for everything from budgeting to cleaning the kitchen to paying the bills. So- Thornberry/You said that, if I got this right, sometime ago perhaps the average or the percentage of people living in the housing was higher but you found that to receive HOME funds you needed to be at another level. So you made an effort to get lower income people to love there so that you could be eligible for these funds. Is that correct? McCain/Currently 96% of our membership fell below 60% area median income. So- Thornberry/And the area median income is what? McCain/The 60% area median income is $21,300 for on person. The majority of our memberslfip, 74%, fall below $10,600. And all we are saying is that for a new This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 18 house, that just happened. We had never taken an income survey before. Our concern before was to provide low cost housing. It happens that when you provide low cost housing, you mostly have low income people living there. But we are interested in expanding our mission from providing low cost housing to providing low cost housing affordable to low income people. So we will, for that property, we will take income into account in selecting residents. Kubby/You did not do so in order to qualify for HOME moneys? McCain/No, we have not done that yet and I think what Bennett was referring to was since we will be losing, we will not have that lease on that property come June, 1998, we would take that into consideration as we are selecting new people to make sure that we are not, by some fluke, suddenly getting all high income people wanting to live in a single room occupancy building. Nov/I assume with $80,000 you are going to have a bank mortgage or do you have enough money in reserve? McCain/No, no. We have very little money in reserve after buying Summit house and the $80,000 is meant to be the down payment and we are required by the bank to have 75% loan to value. So with an $80,000 loan we would be able to afford a $320 house and we have some money there. Within our rents we include bed, desk, dresser, and chair and the utility hook ups as you see in the proposal. That most of our equity we plan on putting into the start up and putting into an audit that will be required of us. Baker/Jodi, when did you move into that property that you are trying to buy? McCain/The property that we are trying to buy is vacant. It is the property- The property that we are leasing we have been in since '92. Baker/And you just leased that just flat monthly rate? McCain/Correct. The Sigma Chi Fraternity had been asked to leave. I don't lmow about history but they are plmming to come back and so we re renting it in the interim. Baker/Okay, so you explained. You are trying to maintain that expansion? McCain/Correct. Kubby/They got too wild and got kicked out. They have to live through a probationary period and now that is over. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 19 Norton/Is this a one time thing, in other words? Or do you intend to expand beyond this? This request I take it would not be repeated each year unless you are going to generate a whole bundle of these places. McCain/Certainly we have to see what the market is. How many people would be interested but also only having people that put in 16 hours a month to do all of the things we do, it requires an awful lot of our work to start up a new house and that is not something we do every year. Kubby/Many people work more than 16 hours. McCain/Yes, that is the minimum requirement but even then, starting a new house is an awful lot of. investment for us. Our management fees are budgeted at 1.4%. That is like the minimum administrative cost that we have to pay. We do all of the rest. So to start a new house we have to have a lot of energy to do it. Thornberry/How many people live in this house currently? McCain/Which one? The one we are going to lose our lease on? 22. Thornberry/22. )dxd out of the 22, do you know, just for my own edification, how many of the 22 own automobiles? McCain/Automobiles? I would say 5-6.7, one out of three. A little less than one out of three. Nov/Can I assume that a single home with 22 residents is not going to pay the mortgage by itself and some of the other rents from other properties are going to help? McCain/Out other two properties are just meeting costs. So our plan, the way we operate, is that each property meets its own costs. We are subsidized through the rent of the leased property but our other two properties meet our expenses and that is all. Nov/So this property would have to charge enough rent to meet expenses of the mortgage and the utilities and everything else? McCain/And the HOME loal~, right. Nov/Any other questions? Thank you. McCain/Okay. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 20 Kathleen Renquist/1000 Tower. I am a member of the HCDC. I have been sitting here and I am probably going to get in trouble here. But I have been sitting here after several nights and listening to the people from the Collective defending themselves. They had an excellent proposal, they met the requirements, and I have heard questions asked over and over again, some of the same questions. I would urge you to please vote for this package as presented and stop discussing these. Thank you. Bill Stewart/Can we discuss for one more minute? 3433 S. Jamie Lane. I just want to address a couple of things. From our discussion and you have discussed a lot more than we did because of the time constraints of hearing all of the people. But the three things, Larry, students weren't a problem in the discussion. We looked at the greater good of the community in this unique community we have here. The big factor was the 1% repayable loan. That was the guiding factor. We get the money back to use again. That was the key. Dean asked some of the other people tonight about were they for profit. Well, somebody asked this the last time we were here, a number of week ago. When they are a collective, I am not sure, nobody benefits, I remember the discussion. But they are kind of like a not for profit in my mind. Now one that was fimded recently from last year, SRO, Larry was talking about was a for profit group. They received a $100,000 HOME grant, an $85,000 0% loan. So that is the perspective of what you have done before. Those are the three things I wanted to bring up. Nov/We discussed last night a compromise, an increase in the loan percentage. Is the council still interested in discussing something like that? Thornberry/Well, she indicated that they couldn't really live with more than 1%. Nov/They said at the current rental rates, they could not do that. I am really wondering if it would be feasible to do that with a higher rental rate. Kubby/But then you are not below fair market rent and you are not accommodating lower income people and so we are kind of defeating our purpose, I believe, in doing so. So I would argue to not do that. Norton/Of course they would still be getting the virtues of the other aspects of collective arrangement. They would still be getting savings and shared groceries and shared maintenance and so fourth, right? The rents would bump a little bit but I can't imagine they would go up more than fair market, would they? Nov/They probably wouldn't go up that far. It would depend on what the rate was. They would have to pay normal mortgage rate on the rest of it. So I am not sure. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 21 Kubby/But we are hearing from the Collective that with their financial forecast and planning that more than 1% loan will not work for this project. Nov/As it currently is described, yes. McCain/I am going to be honest with you. The proposal that we presented to the HCDC was based on information given to us by the Realtor who did not yet have the keys for the property in question. He told us that there were 23 rooms in that building. I based our performa on that. In actuality there are only 20 rooms in that building. With a 1% loan, we are either going to have to return to- We are going to have to go to HIS and ask to increase the rooms, these three rooms, and I am not sure how we will do that or we are going to have to go out and find additional funding just to make the proposal work as it was presented. So currently the 1% loan doesn't even work. We will make it work if you give it to us. But increasing it even further will make it next to impossible to make that property work for what we have in mind for it. Kubby/And it is $5,000 less than what you originally requested. Lelnnan/What are your projected rents for this property? McCain/The projected rents, we haven't gone in and measured. We based on rents on square footage. And so we based it on the average rent currently in the collective which is $224 per unit for the single room occupancies and $275 for the efficiencies. That is what the projections are based on. And as I am stating it, to make it cash flow, we would need three more rooms there than that are. Nov/Or you could do it probably with $5.00 per room. McCain/$5.00 more per room wouldn't do it. We would need- Essentially the income on those three, off the top- $450, $650, $725 a month. It was two rooms an done efficiency. So we lost an income of $725 a month from our performa by not having those three rooms there and we will work to make it happen if we are given the loan at 1%. But I believe that it is at an even high interest rate, we will have to go and look for grant money to be able to make that property work. Norton/Or go back and talk to your Realtor. McCain/Yeah, maybe another property will come on the market that has more rooms and is cheaper but- Thornberry/What he means is maybe reduce the price of the house since it was mis- advertised or something. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 22 Nov/Sometimes vacant houses have prices lower. McCain/And we are even- The current figures that I was working with staff today are assuming that the selling price would be lower. But we can afford less property. With a 25% down payment, we can only afford $320- now where before we could afford $340-. Lelyman/Is this property going to have to have some remodeling work down to it? McCain/It will. Leturban/I am just playing around with my pencil but it appears to me that $375,000, the cost per apartment per month is going to be- interest is going to be over $100. McCain/I didn't follow you. Lel~ar~an/On a loan of $375,000 the interest cost alone per apartment is going to be in excess of $100 a month. McCain/We were looking at $320- Today's proposal was based on a selling price of $320- minus the $80,000 for the HOME loan at 1%. So we were looking at a mortgage of $240- and the bank that we have our other mortgage with led us to believe that we could get a 25 year amortization at 8.875%. And so those are the figures that we have used in the performa. Lel'urtan/So it is about $80 per month interest. Kubby/Our decision is the policy making and they need to do the auditing and the staff will make sure the performa is adequate and correct. Baker/Karen, you are right. Our decisions- we are getting into too many details here and we ought to decide the policy question. My concerns remain the same and I would like to recommend the council not fund this proposal, put the $80,000 back into the HCDC and ask they expeditiously reallocate it. Kubby/I like to hear if there are any other people who- Nov/Before I close the p.h., are there anyone else here who wants to talk about this? Karr/I would like a motion to accept correspondence prior to the closing. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 23 Nov/Moved by Norton, seconded by Lehman that we accept correspondence. Is there any discussion? Okay, all in favor, please say aye- (ayes). Motion carried. Maurice Head/Did you say to put the money back in contingency? Baker/I don't have any great desire either way whether you put it in contingency or reallocate it expeditiously. My inclination is to say we should direct HCDC to reallocate the funds as expeditiously as possible. Head/In order to make HUD deadline of May 15, it would probably be advisable to put the money in contingency so we can get th,e plan approved. Baiter/So I would move 'to put it back in contingency for reallocation later. Karr/Do you wish to make that motion during the p.h.? Baiter/I am setting it up for discussion. We can discuss it now or we can discuss it later. Nov/I think we should close the p.h. Is there anyone else who would like to talk to city council about this plan? Okay. One more thing, okay. Susannah Middaugh / This is the United States of America. You lmow, I guess I feel like that should be all I need to say. I mean, we are looking at what you did last year and I was kind of disappointed there wasn't a response to- You gave funds to someone who it wasn't a non-profit last year and we are tallting about a loan as other people have said and so it is a loan and we need to search for truth here. Okay. The truth. Everyone forget how they- you imow, how they feel about anyone in the room. Look at all the facts and what is going on here and the people who need homes, they need community and that is what we are looking for and if we just search for truth, I know you can make the right decision. Thm~k you. Nov/Okay, thanit you. The p.h. is now closed. I think we should move the adoption of the resolution and then move amendment. Moved by Kubby, seconded by Baiter. Okay. Now. Baker/Now, I would move that we amend the resolution to remove River City Housing from the allocation and put it in contingency fund to reallocate it later. Vanderhoef/I will second. Nov/Moved and seconded that River City Housing Collective allocation be moved to contingency. Moved by Baker, seconded by Vanderhoef. Any discussion? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 24 Kubby/You know, I wish I could be more articulate than Jodi Beth has been tonight about all of these issues as well as other members of RCHC. But I can't be. I think they have made their case eloquently and specifically they have answered, they have been under more scrutiny than any project I have seen since I was Chair of CCN in 1984 and I appreciate their patience with our process. They meet the guidelines, they provide affordable housing for low income residents. The Committee put them as a high priority, I think the decision is clear. This would not be a good idea, Larry. Norton/I thought long and hard about this. And have indeed wavered somewhat because some of the issues that Larry raises I think are genuine but I also think that the committee has taken a hard look at this and I hate to override them even though we do sometimes. And it is a loan and it is presumably a one time thing. And it does offer ai~ option that I would like to see available and given what we have heard about if you wish the selection of participants, I am assured that it goes to the right kind of usage even though these people presumably might not qualify separately under some of the other programs. This is an aspect of that range of programs according to the guidelines. So I am going to not support the amendment. Baker I do want to make sure the public understands we are not cutting the overall housing assistance to this community, we are reallocating it. That we are going to put that money towards projects that the HCDC and the council can agree on. Norton/But the Commission had an option to do that already. Kubby/That money goes into contingency and HCDC can reallocate it to economic development programs or other prograins. It doesn't necessarily mean that it is going to go into housing programs. That would be our decision. Baker/It still need to be approved by council. Nov/I think HOME funds would have to go into- Kubby/Oh yeah, I am sorry. Norton/It would stay in this category. But they have already faced those decisions of the other people who weren't fully funded in that category and I guess in their wisdom, they have reached that. I haven't seen enough to quite override even though I share some of your concerns, Larry, but not enough of them. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #8 page 25 Kubby/And people are different when they come together. It is just things are different when they come together to provide housing and services to the community. Nov/Well, any other discussion? Baker/So far I am the only person that have agreed with my amendment. Nov/Well, sounds like maybe there were two, somebody seconded. I am trying to go with Dee Norton on this one. I have given it a lot of thought but it is not an easy decision and I can't agree with your amendment. Okay, all in favor of the amendment to transfer this $80,000 fi'om the Housing Collective to contingency, please say aye- ( Aye: Baker, Leltman, Thornberry, Vanderhoef). All opposed, same sign- (ayes- Kubby, Norton, Nov). It is close. Karr/I have 4 to 3. Nov/4-3 against? Karr/4-3 passing. I have Lehman, Thornberry, Vanderhoef and Baker voting in the affirmative. Is that correct? Nov/Voice vote and that is why I wasn't sm:e I was hearing it right. Okay, we approved the amendment and we are back to the original resolution which is to adopt the Consolidated Plan. Any discussion? Karr/As mrsended. Nov/As amended, yes. Karr/We already have a motion on the floor. Nov/Yeah, we have a motion and I am asking if there is any discussion of other allocations? We have had public comments on just one allocation. I am just asking if council has any other discussion of any other allocations. Thornberry/I do but I voiced them the other night. Made mention of them tonight, it is almost 11:00 PM. I am not going to go into them again. Nov/That is it. Roll call- (yeses; no: Thornberry). Okay, we passed the amended resolution on a 6-1 vote. Was that counting right? Thomberry/That is correct. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #9 page 1 ITEM NO. 9 CONSIDER A RESOLUTION ADOPTiNG THE HOME INVESTMENT PARTNERSHIPS PROGRAM ALLOCATION FOR HABITAT FOR HUMANITY WITHiN THE FY98 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS). Nov/The same comment from the pervious resolution applies to this one. Moved by Thomberry, seconded by Leluuan that we adopt this resolution. Any discussion? Kubby/I had a question for staff. At one point we ask Habitat, you are willing to meet all the guidelines of separation of church and state as HUD has delineated them and they had said yes, they would abide by that and so I guess I want to clarify the issue of prayer of site. That HUD had determined that they were eligible for money but has determined that prayer on site is fair game? Maurice Head/I have no information to support if a detenuination has been made on that particular item. But they did, of course, a legal opinion which says that they have no conflict with separation of church and state. Woito/I have an opinion. Kubby/And what is your opinion. Woito/This is a first amendment question and I talked to Bill Buss about it today and he asked me if anyone had asked me about whether there was a conflict in tenus of First Amendment, too much entanglement. You lmow, the three part test set out in that legal opinion. And as far as I am concerned, there is no problem and our trying to interpose a binTier to what they want to do now might create bigger problem than what you are trying to prevent. Norton/Well, there are two parts to that. I mean I traderstand the three part test where they said it is a, you know, it may be a religious motivation but it is a secular purpose, no doubt. And there is no test of faith for a participant in it, to work on the housing or to receive housing. I take nobody is disagreeing with the ruling of the Associate General Counsel to HUD that we have all read. And I talked with Buss about it, too. The question is some of us are expressing opinion with a moment of silence to start a project would be just as good as explicit prayer. That would be my preference but I am going to support this because I tlfink the purpose is virtuous. Woito/I think you can ask that. I don't think under the First Pduendment you can impose it. Norton/No, you can express your opinion. That is all I am doing. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #9 page 2 Nov/You can express an opinion and it has been my opinion that if this were truly voluntary, the prayer would be silent or if it were truly voluntary, they would say we are going to pray at 8:00 and we are going to work at ten minutes after and anyone who chooses to pray can come at 8:00 and anyone who chooses to come later, hasn't been participating in a prayer. I still have strong reservations about endorsing Christian prayer on city property and I intend to vote no. Kubby/I guess my position at this point is I am going to support funding for the Habitat Project with the realization that they need to follow all the HUD guidelines and if the HUD guidelines end up being that that is not acceptable to Habitat, they will return the funds. Norton/I am going to support it because prayer happens on public property all of the time, like everywhere, you know. I just expressed a preference. I am certainly not going to stop a vote. Nov/Okay, roll call- (yeses; Nov: no). We have approved this on a 6-1 vote. Kubby/Thank you, committee, for your hard work even though we didn't follow all of your high recommendations. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, 1997 ITEM NO. 10. City of Iowa City Page 12 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: The First Avenue Improvements Project consists of widening First Avenue to three-lanes from Bradford Drive to Muscatine Avenue. Right turn lanes will be added to the Muscatine Avenue, First Avenue intersection. An 8-foot-wide sidewalk will be constructed along the east side and the overhead electrical will be moved to the west side. Storm sewer and drainage improvements will be made from First Avenue west approximately one half mile to Ralston Creek, generally along the railroad tracks. The total estimated construction cost is $1,139,000, and will be funded by General Obligation Bonds and Road Use Taxes. Memorandum from Senior Engineer to First Avenue Residents included in Council packet. PUBLIC HEARING )~ction: ITEM NO. 11. b. CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1997 CURB RAMPS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project consists of the construction and reconstruction of sidewalk curb ramps to Americans with Disabilities Act (A.D.A.) standards along routes prioritized by JCCOG and citizen requests. The estimated construction cost is approximately $100,000. This project will be funded by road use taxes and general bond proceeds. PUBLIC HEARING Action: "?~_.~ CONSIDER A RESOLUTION APPROVING #10 page 1 ITEM NO. 10 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERI( TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Nov/P.h. is open. Is there anyone who would like to talk about this topic? Am~a Buss/Well, guess what folks, I moved to First Avenue. Norton/Just in time. Buss/Lucky me, huh? Well I am at 1213 First Avenue in Iowa City now for a short time it looks like. Kubby/And your name is? Buss/Anna Buss. A2~yway, when do you tear up Benton Street because when I move back over there, I would like to lmow ahead of time. If you have any other streets that you are going to tear tip, I would like to k_now. It seems to be where I go. One of the things and I have been talking to your Engineer and he was most helpful this evening in putting a light on some of the things that have happened. I lmow they are going to be tearing up not only in front of our house but they are going to go right down the alley. So they are going to get us from both sides. One of the things that I would like to request- Okay, for us it is not really a problem because we have enough places that obviously we can move vehicles and get them moved around. But I do have some neighbors that do not have any access in the back and so we are hoping that, and your engineer, we have talked about it. I would like to just put another bug in your ear toward this. Is that when they get the sewer project done, if they could please leave us enough that they could hard surface or put rock down so that the whole driveway in the back of the alleyway is usable by all of us and they can lower it enough that right now if we go back it is out over the one side to the south. We have to down over a slight curb and there is a pretty good hump in the dirt there because it is grass now. So if they could just smooth that out which I am sure that they probably will. But when this comes to your attention, if you would please consider that and making it wide enough that we will be actually able to park our cars on one side of the driveway, the alleyway and to be able to get through on the other side. That would be really appreciated from all of the neighbors because there are four houses there, two of which really once First Avenue is tom up, a couple of the houses really don't have a place to park. We have enough room in the backyard that we will be able to pull tip off of our alley. But some of the ones, they really don't have the space. So if you can do This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #10 page 2 that. Also is the other thing is if you can just make that First Avenue project zing right along, that would be appreciated from all of us because we certainly don't want to see you running behind on it. Norton/It is on an incentive plan. Buss/That is good. I am really glad about that. Kubby/There is an incentive plan and a punitive plan at the same time. So there is double incentive to stay on schedule. Buss/I had missed the first meeting because I don't think I had bought my house over there just yet. So I kind of missed all of that fun stuff, you know. Otherwise you had seen me there. I am sure you know that. But the thing is, like I said, on that alley, if you can just- If that is something you can do for us, I am sure everybody, all four houses, would really appreciate it and he did say that you were going to consider it. So, thank you and like I said, make sure that incentive plan stays in place. Thank you, you guys. Kubby/I encourage the neighbors to get together. When the other part of First Avenue done, the neighbors got together every Friday night in the middle of the street and it was really good support and a lot of fun. Nov/Okay, is there anyone else who wants to talk about the First Avenue project? P.h. is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, 1997 ITEM NO. 12. City of Iowa City Page t3 CONSIDER AN ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, THE HUMAN RIGHTS ORDINANCE OF THE CITY OF IOWA CITY, IOWA, TO MAKE IT SUBSTANTIALLY EQUIVALENT TO THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1989, {SECOND CONSIDERATION) ITEM NO. 13. Comment: The Iowa City Human Rights Commission has recommended enactment of amendments to the Iowa City Human Rights Ordinance that will make the ordinance substantially equivalent to the federal Fair Housing Amendments Act of 1989. A certificate of substantial equivalency from the Department of Housing and Urban Development will allow the Iowa City Human Rights Commission to investigate complaints of housing discrimination in Iowa City and will provide federal funds to the Commission to facilitate such investigation. Action: CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE OR LEASE DEVELOPMENT RIGHTS AS PART OF A PUBLIC/PRIVATE/DEVELOPMENT PROJECT FOR Comment: This resolution authorizes and directs the City Manager to solicit offers to purchase or lease development rights for Parcel 64-1 a for either deluxe apartments and/or condominium units or a hotel development~ Staff memorandum included in Council packet, Action: ITEM NO. 14. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER PROJECT. Comment: The City of Iowa City must acquire permanent easements and temporary construction easements to construct the Sheridan Avenue Sanitary Sewer Project. This resolution authorizes City staff to negotiate and the Mayor to sign these documents, including authorization of condemnation if necessary. Every effort will be made to negotiate acceptable agreements without resorting to condemnation, Prior to proceeding with condemnation, staff will notify Council. Action: /./~'~--~~ / 7,~~~../) #13 page 1 ITEM NO. 13 CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE OR LEASE DEVELOPMENT RIGHTS AS PART OF A PUBLIC/PRIVATE DEVELOPMENT PROJECT FOR URBAN RENEWAL PARCEL 64-1A. Nov/Moved by Kubby, seconded by Vanderhoef. Discussion. Vanderhoef/Did we make the changes in the- Excuse me, wrong one. It is getting late. Nov/It is getting late, okay. Kubby/Well, I think we should talk about this a little bit because- Norton/To say a little bit what the deadlines are and so fourth, yeah. Kubby/Really important proposal that we are putting out for people to respond to. And maybe Karin could just really briefly outline what it is that this request for proposal is. Franldin/This proposal is to try to entice a private developer into participating in a project on a parcel next to the Holiday Inn to construct the private component of that project which would start froin the third floor and go up to the 6th or 8th floor depending upon the choice of the developer. The two kinds of projects that we are looking for is indicated in the cormuent is either hotel or higher end condominiums in an effort to get a different mix of population in the downtown. We will be providing some incentives for that development in the forin of either a write down on the air rights or lease and/or a write down on the construction costs for the foundation. Kubby/Thank you. That was very concise. Vanderhoef/Thank you. That was what I was going to ask. Nov/Would you give us the date of the submission. Franldin/We will be asking the proposers to send their proposals back to us by August 15 so that we can move through the process of selecting a preferred developer in the month of September, by early October for sure. And this project, of course, would be contingent upon passing the bond referendum for the library community cultural center. Thomberry/Karin, let me ask this. If the library expansion and public facilities does not pass but you get a developer that is willing to build on that property, would that- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #13 page 2 Lehman/It is contingent on passing. Franklin/Well, we would have to- If that were to occur, we would need to go back out with a different kind of proposal because we would be talking about a different project in order to fairly give people opportunity to build on it which would not preclude that particular developer from revising the project and making another submittal. Kubby/Right because it is a significantly different project. Franklin/Very different. Thornberry/It would be different but at least we would identify a prospect for that property. Franklin/Yes. Woito/But you would have to start over. Thornberry/We would have to start over, I understand. Vanderhoef/New RFP. Nov/Okay, any other discussion? Roll call- (yes). We have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #14 page 1 ITEM NO. 14 CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER PROJECT. Nov/Moved by Vanderhoef, seconded by Thomberry. Discussion. Norton/Are we always working in the Oakland/Rundell area? Seems like we have been forever, right. Are we ever going to get it right? Atkins/Sooner or later it will all be new. Kubby/100 plus year old pipes down there. Nov/Until it is all replaced, I guess we are still working there. Norton/We have them put in the trolley while we are down there. Nov/Roll call- (yes). Okay, we have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, 1997 City of Iowa City Page 14 ITEM NO. 15. ITEM NO. 16. ~? ITEM NO. 17. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CORALVILLE-IOWA CITY ANIMAL SHELTER RENOVATION OF WEST WING PROJECT. Comment: The bid opening for this project was held April 29, 1997. The following bids were received: Garling Construction, Inc., Cedar Rapids, IA 29,450 42,000 Public Work¢ and Engineering recommend award of the contract to Garling Congtruction, Inc. of Cedar Rapids, Iowa. Funding for this project will be General Obligation bonds. Action= ,~~~~-~ CONSIDER A RESOLUTION CERTIFYING UNPAID WATER, WASTEWATER, SOLID WASTE AND RECYCLING CHARGES TO THE COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Comment: This resolution authorizes the filing of a lien against properties for delinquent water, wastewater, solid waste and/or recycling services. A memorandum dated April 24, 1997, was sent to Council explaining the utility collection system procedures. On April 7, 1997, letters were mailed to each property owner and tenant, if applicable, listed in Exhibit A, notifying them of the date of Council's consideration of the resolution. After the resolution is moved for adoption, property owners should be permitted to be heard concerning the unpaid charges. Staff memorandum included in Council packet. Action: ANNOUNCEMENT OF VACANCIES. Current Vacancies..J~.,, ~ (1) Design Review Committee - One vacancy to fill an unexpired term for a licensed architect ending July 1, 1998. (Martin Haynes resigned.) (3 males and 2 females currently serve on this Committee.) Correspondence included in Council packet. This appointment will be made at the June 17 meeting of the City Council. #15 page 1 ITEM NO. 15 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERI( TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CORALVILLE-IOWA CITY ANIMAL SHELTER RENOVATION OF WEST WING PROJECT. Nov/(Reads agenda item). CHANGE TAPE TO REEL 97-78 SIDE 2 Nov/Moved by Kubby, seconded by Lehman. Discussion. Thornberry/Since this is the Iowa City Coralville gafimal Shelter. Is Coralville participating in this at all? Atkins/We have a 28E agreement with them where we share cost. I am not sure exactly how it is distributed but they do pay their share. Thornberry/They will be participating? Atkins/Yes. Thornberry/And we can approve this without telling Coralville that they are going to be having money expended. Atkins/It is our shelter. They have an agreement and they are fully aware of this. Thornberry/Okay. Nov/I am sure they have been told. They also have a representative on the Board. Baker/I just third< it would be fulmy if they weren't. Funny- Council/(All talking). Kubby/I am always hesitant to approve sometiring with one bid but because it was siglfificantly lower than the engineer's estimate, I feel very comfortable with it and I am ready to move forward. Nov/I am sure the alfimal shelter really needs it. Okay, roll call- (yes). We have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 1 ITEM NO. 16 CONSIDER A RESOLUTION CERTIFYING UNPAID WATER, WASTEWATER, SOLID WASTE AND RECYCLING CHARGES TO THE COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Nov/Moved by Norton, seconded by Vanderhoef. Now, is there anyone here who would like to speak on this issue? Please come forward, sign your name. Karr/Madam Mayor, I would just like to note for the record you did receive corrected Exhibit A before you this evening, noting some changes. A revised Exhibit A before you listing some changes to what was distributed earlier as far as payments. Nov/What was in our packet was not quite up to date. Karr/It was distributed. That one. Yes, and that is what we are discussing this evening and voting on. Norton/I just had a question. So many of these seem to be about a monthly amount. I was kind of surprised. I would have thought that when you went out for delinquent, they would have been like more than one month. Many of thein are just a month. Is that the usual? Atkins/Dianna is in the audience. She could probably answer that for you. Diam~a Furman/I am the Customer Service Manager in the Treasm-y Division. Norton/I was just noticing that they were mostly it seemed like arotmd a month, many of them and I just wondered. I would have expected the delinquent ones to be more than just a month. Furman/A lot of them are likely just the final bill on an account that was closed and out collection system, we actually turn off water when it is an active account for the customer. But once they close the account our collection is limited to letters being sent and then this lien process on an annual basis. Norton/Is this about the usual number? Furlnan/Actually I think we had a little more this year as far as the number of accounts. Atldns/We have about 18,000 water- Furman/We have 18,500 accounts with the utility system. So this, comparatively, this is really a small amount with the turnover that we have on an am~ual basis. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 2 Thornberry/I have heard from some property owners and apartment owners and myself being one of them and being in this position, it seems like it takes an awful long time for the people- I mean, you give them so many notices that they are delinquent in their water bills and by the time you get around to turning off the water, they are long gone and it is up to the property owner to pay the water bills. Furman/Currently we do a billing on a monthly basis and before we turn off water, you are looking at approximately 45 to 50 days before we turn off water of a previously billed consumption. If an individual has left the property, that account should be closed and when that occurs, there is not turnoff for services because the account is no longer in the individual's name who accrued the usage. We cannot turn off water tinder the new name that is on the account. Thornberry/I understand. What I am saying is some of the people who rent know they are going to be leaving. So their last month check bounces and so we use the money that is held in escrow to pay the rent but they don't pay their water bill and they are gone and then it is up to the landlord to foot the bill for the water. Woito/Dean, we are going to deal with some of that problem with our new arrangement that we tallted about with the back billing. We are going to give better notice to the landlord in terms of an overdue bill and let the landlord lmow there is a big overdue bill so they can jump in and try and get that money froin the tenant or increase their deposit fee. Furman/Actually we started this in the month of April of this year that when we process a final bill and it is a residential rental property, a copy or a letter I should say is sent to the owner explaining what the balance is after a deposit has been applied and that letter is sent out at the same time the bill is sent to the tenant. So you have just as much notice as the tenant does of any outstanding account. Okay, does that help you? Thornberry/It helps with notification. Woito/And it was in response to several comments we got fi'om the landlords that they wanted earlier notice. Thornberry/Thank you. Nov/So if they have earlier notice, they still have a deposit in hand and they can use that to pay the water bill? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6~ 1997 F050697 #16 page 3 Furman/The owners? If they have a security deposit, that is, in my mind, it is up to the owner whether they are going to use that security deposit to pay the utility bill for the tenant. Thornberry/Don't the people who have water and they are here short-term, they are renting and going to school or whatever, don't they have a deposit for their water? Furman/The city requires an $80 deposit for an tenant unless they have had current service in their name and that service is for at least a 15 month period and they had no delinquencies on that account. Thornberry/Couldn't the property owner say that everybody living in this building needs to have a deposit with the Water Department? Furman/The owner would not be able to direct the city to automatically charge a deposit. It is set up in our Code that we will charge one unless they have met the deposit requirement. Woito/That is really a private property matter to be negotiated between the landlord and the tenant. Furman/As a general rule, the tenants pay a deposit. Thornberry/Thank you. Furman/You are welcome. Nov/There is someone else who wants to talk about this. Irde Steve/I had a tenant over a year ago that was a nightmare and when I was made aware of the fact that their water bill was delinquent, I called and I requested that the water be turned off because I knew I was responsible for it and they told me that a homeowner's water can be turned off in, I think, it is like a 3 to 5 day notice. A tenant is given 30 days notice and I don't understand that. IfI am responsible for paying the bill, I think that when I become aware of the fact that it is past due, that they should be turned off just like I would be. Thornberry/Good point. Could that be done? Nov/Do we have anything like that, Linda? Steve/And also this tenant that I had was on Section 8, When someone is on Section 8, the tenant gives the landlord a portion of the deposit. You know, like a portion of This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 4 the month's rent. But when they are on Section 8, those people retain that other portion of the deposit and so for me to get the money to pay the water bill, I have to go before the court to receive a judgment in order to get that portion of the deposit and I don't want to give up a vacation day which is going to cost me money to go down there which is going to cost me more frustration when these people already cost me, in only about a six month period of time, about $2,000 and that includes destruction. Woito/ There are numerous laws that protect you as a landlord in Iowa in terms of eviction notice and it is not the city's role to step in and act as a landlord if there is poor tenant behavior and we have been asked on several occasions to step in and act as the landlord by forcing the person to leave because we cut off the water. That is absolutely illegal. If the landlord needs to evict, then they have to follow the procedure for eviction. They are very well spelled out and they are handled all of the time in Small Claims Court. But it is not the city's role to step in and evict a tenant. Kubby/How did it work that if I am a landlord, I have got a tenant in that I lmow has left. But the water bill is still in her name and I want to turn that water off as a property owner. How do I go about doing that? What is the time frame? Is that your situation? Furman/I think we are ¢pexlcing with two different ¢ituationg here. Exen~e me, did you say your tenant had left? To start with, in answer to yore' question, the collection procedure whether you are an owner or a tenant are the same and so I am not quite sum what th~ communication problem was in ~xplaining what our processes w~rc for collection. The tenant is not given m~y more time to pay a billing than an owner is given to pay their bill. In answer to your question, if a tenant has actually left a property, you as owner contacting us, advising us that they left, we can close the account automatically. We generally don't turn off the water but as an owner, if you specifically ask us to do so, we will do so. The problem that you can have is financial, that if the water is turned on for a new tenant within 30 days or less, you have a fee because we are back and forth to the property. Kubby/Okay. So I am a landlord, the bill is in my tenants name, my tenant is still there but not paying, as that property owner, because the bill is not in my name, I cannot turn the water off? Funr~m~/We will provide that tenant with the same due process you would have as owner of your own property and turn hi off in a timely basis by our collection. Kubby/Right. Because of lack of payment, not because I called. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 5 Furman/That is correct. Nov/So you are saying lack of payment would require 30 days before you would turn it off?. It would have to be 30 days back billing? Furman/The period of time to turn off because the bill is not paid, you are getting into 45-50 days. Woito/It would be faster to evict the person. Nov/Owner or tenant, either or? Furman/Regardless of the type, commercial or industrial, owner or tenant, the accounts are basically treated the same. Thomberry/But getting someone evicted for non-payment of a water bill is near impossible. If they have paid their rent and they haven't paid their water bill, they are not- the court will not substantiate the eviction. Kubby/And that is state tenant landlord law. Thomberry/And the landlord gets into a little bit of problem when the landlord tums the water off for non-payment of a water bill. Woito/Especially in the winter. Thomberry/Especially anytime. Woito/It would be a health hazard in the winter. Thornberry/But this is definitely a problem. Woito/And this is not a problem the city is set up to solve. I think the landlords need to require higher deposits to deal with it. Nov/Higher deposits or higher rent. Comacil/(All talking). Woito/It is a private property matter, not a city. Steve/I can't make that decision to rent to somebody on Section 8 ifI am not going to get that full deposit because I am not covered. So there are a lot of landlords out there This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 6 that will not rent to people on Section 8 and so this is just creating another problem. Woito/Section 8 is a whole different matter. Norton/That shouldn't be. Something like that shouldn't be. We need to clear that up with our Housing people. Woito/We need to talk to somebody in Public Housing Authority about that. Kubby/Get a hold of this person and clarify how the private system is set tip. Council/(All talking). Atkins/Excuse me, I will follow rip on that. Kubby/So we will get back to you on how it is suppose to work to make sure it is real clear with you about what the obligation of every party is. Woito/~d you eau come down ~d talk to my assistm~t about it. There has been some misco~mnmaication somewhere. Thomben~/There are even a few more problems th~ just water with some of this Section 8. Kubby/With some of many kinds of tenets, not just Section 8. Thomberu/That is correct but some of the Section 8 renters who the city or whomever helps pay out the rest of the rent, is not responsible for ~y damage ~d it is not just Section 8 rentals. Lel~an/A large majority (can't hear). Thornbe~/Goodness yes and a lot more of them. Kubby/There is ~other person waiting to speak about overdue bills. Gary Werle/I am here to talk about a bill, not a big bill. It is $44.00 bill. I m not privy to yore' Exhibit A, so I don't lmow how many others are in the $44.00 range. My question is this bill has to do with a letter that was sent to me back on Febm~y 8, 1996 in response to an overdue bill of November of '95. ~d it appears the usage This represents only a reasonably accurate transcription of the Iowa City council meeting of May 69 1997 F050697 #16 page 7 was from November 1 to December 6. The bill was sent out, subsequent bill was sent because it had not been paid which took it into December and the December bill was issued, it took it into January of '96 and at that time I was doing some eviction processing on this individual and before I lmew it, on February 9 when I was issued the letter I had already evicting the tenant on January 12. However, their bill from November, December and January had been subsequently dropped- reduced from the $75.00 deposit that had been issued by the tenant. My question was as a landlord I was not able to turn off the water and during the 30 days of processing to get the Small Claims hearing and the eviction handled, I was denied access to my own property. However, this tenant evidently understood the city's rules and regulations more than I did according to Dianna here. He was able to close the account on January 7 but still live there under my name, having water turned over into my name and I was unable to turn it off. So it is kind of- in listening that the city doesn't want to get involved yet we don't have a chance to protect ourselves but because the way the system is set up, these people if they are smart enough, they can wait until the last 30 days, 60 days, whatever it is, ride the galrmt of the ways and regulations and we can't control it. I don't have a lot of properties. I am starting to look at selling what I have because, you lmow, $44.00 is not a lot, it is just the principle of the matter. We have to know sooner than 45 days or 60 days after the fact. And we have to be able to do something and you lmow, like I say, we are talking about, you lmow, the city ran housing, those people seem to be the worse tenants in numbers and percentages. They lmow the system, they have been through it. So I think what we have to do is take a look at how the landlords can be protected. You lmow, presently, as of April, we are being sent these delinquency deposit charge notices which is ideal for us. We understand it when somebody is delinquent and it is within a couple of weeks, not a couple of months or three months or whatever the situation is. Like you said, it is a monetary, yeah, it is. $44.00 is a small percentage of the $3,800 in costs that I incurred from this tenant. So, again, $44.00 is not really the principle of the matter, it is not the monetary fact. Kubby/Is it feasible for you in your situation with the property that you own to have the bills in your name, so you have control over them being paid and to make sure your rent accommodates the cost of the bill and that way you do have control. Werle/I do have control to an extent. I can't shut the utilities off to a tenant and you lmow that. Kubby/In tenths of the bills being paid, I guess I meant. Werle/Yes and no. What few I have I think it would be more of a problem to me to have to monitor, you lmow, the actions of so called adults and in my case, where I have ten properties, it would take reasonable amount of time, my time, to monitor that. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 8 Kubby/You mean to pay the ten bills. Werle/To pay the ten bills and monitor that. Kubby/We have sure pay, you get $1.00 off every month. Werle/Really? Kubby/You can do an automatic deduct from your checking account. Werle/How about if I sell the properties and then I don't have to worry about it. Thornberry/When the tenant has been served with notice and you are waiting for a date, a court date, which could be 30 days and they lcnow they are going to be evicted for lack of payment, you are lucky that you didn't have the situation that I had which they turn on the tub water and sink water and let it run 24 hours a day for the whole time that you are waiting for the court date and you can't go in. They kmow they are going to be evicted. Werle/You can't shut it off. Thomberry/You can't shut it off. And it happened. Norton/Can't this be referred to staff to look at this? It sounds like there are some issues here that ought to be clarified. We are not going to be here until 11:30. Somebody can surely figure out something to deal with that sort of thing. Woito/We need to talk. Council/(All talking). Woito/You had options to go in. Furman/I just wanted to clarify that our procedures on a residential rental account, whenever we sent a collection letter out, a copy goes to the owner for every bill that is delinquent. I am unsure of what actually took place in Mr. Werle's situation. But the February 9 letter that he was referring to referenced only a January bill. It did not go back to the November period. But there are other letter~ that should have been sent out and our records will probably indicate there were. Whether not he received those is another matter. But we do routinely send out a copy of all collection letters of residential rental property to the owner or manager. So they are aware that the bill is delinquent, that that bill is delinquent. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 9 Thornberry/Yep, that is appreciated. Anna Buss/And I thank you for all of those letters. I am also a property manager in Iowa City and unlike Gary, I have quite a few of these properties that I manage and I am going to tell you what a pain it is for us to have to collect from tenants. On the Section 8 and the low income housing subsidized program people, here is what happens. We can't collect the full deposit up until this last year. Something that we argued for for very long time. If we have a tenant who is on subsidized housing, we have to take them and the city or the program to Small Claims Court which takes a lot of time and if you don't believe that they are going to turn the water on and it is not just the subsidized housing people, it is when we are in a Small Claims action, they will turn the water on and it will run when they know that it has been shut off and it has to be turned back on by us because we have an automatic- It goes back into our name and when that happens, we are paying for it. I also question the city. This other person has created a water bill. It is their bill to pay, the city has collected a deposit for that bill, just like they do- I mean, I have even had to pay a deposit myself because I didn't pay enough of my bills on time because I forgot. So I have no objections. I paid my deposit. I wasn't happy about it. So ifI skip out, they are going to come after me for the balance of mine. But I did not create the bill, the water bill, for some of these tenants. They did it themselves and I don't think that the property managers or the owners should have to come after those people for their unpaid bills. We have enough other stuff to do. We cannot shut off their utilities. We did not create the bill, we should not have to pay the bill. You guys can go against them just like we can. It is just as much a pain for us as it is for you. Whenever we take over a property, we notify the Water Department, the Police Department and numerous other agencies that we deal with, who the contact person is now for that property and we send a whole list and we update it regularly. They are very good about sending us when a tenant is behind in their bill. On that I compliment them for. Someone from our office at that point calls the tenant and says your water bill is late, you are going to be discom~ected, you need to get down there and do something about it. A tenant can't live in a place without services. But I can assure you for us to go to Small Claims Court and evict them when they have paid their rent and they haven't paid their water bill, ain't going to happen. It is just not going to happen and the thing is is this is something that really needs to be addressed. I know for a fact because I am the vice-president of the Iowa City Landlords Association, that there are lots of things that we have come to the city for in terms of rental inspection and this just adds to it. So if this bill gets billed back now to the landlord because sometimes it happens that we don't get the bill until after we return the deposit, I am sure that the city does not want- There are a lot of landlords in this town and if it means that we all have to call the city to come down, call them up on the water bills and say is this water bill paid before they This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 10 move out or when they move out. Imagine having someone- Just go down the yellow pages tonight when you get home and look at all the property management companies. Imagine one person from that office, the middle of May and end of May, first of June, middle of June, end of June, first of July, middle of July, end of July, first of August and August 15 because that is when all of these leases end. One person alone from each office calling the city Water Department saying did so and so pay their water bill. They are not going to get anything done. And if we have to call down to make sure the bill is paid before we return the deposit, that is what we are all going to have to do. You guys don't have enough phone lines. And I don't, like I said again, I don't think that we should be responsible for someone else's bill. The other thing is, when we do get stuck for a water bill and of course we all know that the water and sewer prices have all gone up again, where do you think that bill gets eventually landed. The owner is not going to suck that in. If you want affordable housing, I have talked about this before. You want affordable housing? Well, then I think you all better start looking at what the costs are. When we had to do our rent increase the last two times, all our rent went up. We figured out where our water bill went, how much it was. We figured out how much per tenant that was and that was our increases was, for water and sewer. Lelzman/9urea, so did everybody else that rents apartments. You are in the same boat with everybody else. Buss/Right, but I am saying, Ernie, that if we should not have to cover someone else's water bill. Le12'nan/Listen, I rent units too. There are costs of doing business. I have got tenants who always pay on time. If they don't pay on time and they leave, I want to check that water bill. I would say that probably the vast majority of your tenants pay their bills on time, the water bills. Is that correct? Buss/Yeah. Lel'n~aan/So the number who don't pay and you probably know who they are going to be. I am just saying that you are talking about these months of June, July, August where you have got to call the city. You are right, you may have to do that. That is going to be a very small number and it gets to be a big enough problem, we are going to have to raise our deposits to cover it. But that is the cost of doing business. I don't think you can hold the city responsible. Your tenant is your- I mean, you are responsible for that property and for that tenant. When you lease it to them, you are telling the city if he doesn't pay his bill, I am going to pay it. Literally you are saying that. If he doesn't pay the bill- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 11 Buss/No, Ernie, I am not saying that. What I am saying is that person created his own bill, or hers, and they should pay it themselves. Lehman/That is fine but I think it is up to you to collect it and not sit. Buss/I think you are wrong on this issue. Lehman/We respectively disagree. Buss/I respect your right to disagree with me as I always do and we usually get along. but the thing is, what I am saying is, you go home tonight and you look in the yellow pages. This is something that I think that maybe your staff and maybe the Landlord's Association, we already have a task force with the rental inspection. Norton/It is in the hopper. Buss/This is something that maybe should come up at that rental inspection task force. Thornberry/I agree with you and with Ernie and you disagree- Buss/Maybe that task force could look into this because that is something that we have all been- And I am sure you are all aware of what the task force has been doing. And there are a number of other things in the hopper that has come out of that task force. Thornberry/Part of this, like Ernie says, is doing business and I have got just a very few units and only one or two that historically are very late in paying their water bill. Buss/And you gleefully will pay their bill, right? Thornberry/ga~td they eventually will pay their water bill but at the end of the terms of their lease, they may forget. But it is part of the price of doing business but I agree to this degree. If somebody incurs a bunch of parking tickets in Iowa City, the city goes after them to try to get those parking tickets paid. Why can't they do that for the water. They incur the paricing ticket. They incur the water expense but I am on the city council and looking out for the city's best interest and again, I am also a landlord and part of doing business is painting, do this, doing that and once in a while having to pay a back water bill. I don't like it and I do everything I can do to get that collected before they leave. But once they have not paid it, and you don't get the bill that the city sends you until after the fact, they could have used up a whole lot of water without you laxowing about it. Buss/Correct. And that is the thing. They are- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #16 page 12 Thornberry/And it is their bill. Buss/Why can't this be tenant sidestepped and just let the task force talk about this? It will save everybody some time and it will save- I mean, good things can come for this task force. Norton/They have had some good suggestions. Buss/From both sides. This is the one task force I actually agree with. Norton/Thank you. Thomberry/Can I write that down, Anna agrees. Nov/Is there anyone else who wants to talk about this issue? Okay. We re going to vote. Is there any other city council discussion on this unpaid charges? Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 .May 6, t997 City of Iowa City Page '15 b. Previously-Announced Vacancies. (1) Board of Library Trustees - Three vacancies to fill six-year terms ending July 1, 2003. (Terms expire for Stephen Greenleaf, Philip Hubbard, and Margaret Cox,) {3 males and 3 females currently serve on this Board.) (2) Design Review Committee - One vacancy to fill a three-year term ending July 1,2000. (Term expires for Randy Rohovit.) (3 males and 2 females currently serve on this Committee.) Note: Philip Reisetter's term also ends July 1, 1997, but will not be filled. The number of members of the Design Review Committee were to be decreased according to Resolution 96-264. (3) Historic Preservation Commission - Two vacancies to fill three- year terms ending March 29, 2000; one representing the East College Street District and one representing the College Green District. (These are new positions on the Commission.) (3 males and 3 females currently serve on this Commission.) These appointments will be made at the May 20 meeting of the City Council. ITEM NO. 18. CITY COUNCIL APPOINTMENTS. a. Consider"one appointment to the Animal Control Advisory Board: To fill a three-year term ending May 4., 2000. (Term expires for Dennis  /~Cowles.) (1 male and 3 females currently serve on this Board.) ! . ~,~,(~F_~. Consider one appointment to the Civil Service Commission: To fill an unexpired term ending April 1, 2000. (Susan Dulek resigned.) (1 male and 1 female currently serve on this Commission.) c. Consider one appointment to the Historic Preservation Commission: To fill a three-year term ending March 29, 2000 (Term expired for Douglas Russell). (3 males and 3 females currently serve on this Commission.) #17 page 1 ITEM NO. 17 ANNOUNCEMENT OF VACANCIES. a. Design Review Committee - One vacancy to fill an unexpired term for a licensed architect ending July 1, 1998. (Martin Haynes resigned.) (3 males and 2 females currently serve on this Committee.) Correspondence included in Council packet. This appointment will be made at the June 17 meeting of the City Com~cil. Nov/Announcement of vacancies. First one is a vacancy on Design Review. We have a proposed change of the announcement from David Schoon. It says one vacancy to fill an unexpired term ending July 1, 1998 for either a licensed architect or a business or property owner from the area subject to the Design Review Overlay Zone Ordinance. How does council feel about amending this? Lehman/Do it. Norton/Do it. Vanderhoef/Let's do it. Schoon/I just want to be clear that this is the direction you want to handle all vacancies just on the Design Review Colmnittee in the future. Nov/Well, in the future I am not sure we want to do this because in the future there may not be other architects and if this were the only architect, then you would definitely want to advertise for another architect. Vanderhoef/What I was thinking, Naomi, when David and I talked about this the say before was the fact that when someone applies for Design Review, they may be able to fill three different places perhaps, architect, designer, building trade businessman and so forth. So when they apply, they would check what things - what category they could fill and then as there are changes in the announcements, we could advertise for the broadest pool possible lmowing that we would still meet the ordinance's requirements of two architects, two people in building trades and/or designer, two people in business and one person at large. Schoon/So what Dee is proposing is over time, someone may have been appointed as an architect but may at another time be business owner designee. Vanderhoef/Which is the case we have right now. Schoon/And it is just when there is a m~mber of vacancies on the committee, you will have a number of permutations in terms of how you can appoint people and what categories they fit in and the committee said flexibility is great. They are not This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #17 page 2 going to have to deal with then dealing with these permutations in terms of who to appoint for what positions. Just so you are aware that in the future- Vanderhoef/I appreciate all you have done on such short notice, to call everyone and get their approval of this amendment because I think it is a great offer to the community to allow the broader pool of people to apply for commission work and to se~we the city and it also allows greater flexibility with what the committee make up looks like so that they don't accidentally get overloaded in any one particular thing just because we have people wearing more than one hat. Schoon/This is different than how you handle other boards and commissions. Vanderhoef/Other board and commission do not have- Schoon/In Historic Preservation, this would be a similar- Vanderhoef/They would have it by their districts. So that someone would have to live in a certain district. Schoon/But they do have at large positions of people who may live in a district. So there could be some of that. Woito/I thought this was going to be a one time deal because of the current (can't hear) of the committee. Vanderhoef/It could be either. Karr/It was proposed that way but then Dee noted yesterday in conversations with David, Steve and I, the fact that this was an opportunity to get a bigger pool of candidates for each vacancy and that brought up the question that what we had before was what one classification for the one opening that we had and not the large pool and this raised the issue. That was the intention. Schoon/So I just wanted to know if it is just one instance or if that is how you want to handled? Vanderhoef/It probably won't once the committee has dealt- Part of the conf~usion right now is the fact that the committee had been a nine person committee and by attrition we are going down to seven. So that is where some of this is happening. Norton/But you could just as well ask a person to designate what category they want to be in whether than let them designate all possible categories they could be in. Let them say how they want to come out. Do they come out as a business person or This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #17 page 3 they come out- Because it seems to make a bit of dif£erent the angle from which they apply. Lehman/Dee, if you are a business person, architect, housewife- Norton/Choose one. Lehman/You are going to represent all th'ee of those no matter what you do. Norton/No, choose one. You say I want to be the architect rep on there. Lehman/But you functionally- Norton/I don't care about that. I mean they designate it other wise we could begin to play games here. Kubby/I don't mind doing it for the scaling down of the committee to seven but I am not comfortable- Schoon/Well the co~mTtittee had already done that and they have selected what positions they would fill and so we meet all of those categories right now. Karr/And it is scaled down. Schoon/And it would be scaled down. Vanderhoef/This one drops- This is the final one. Nov/This one makes number seven, right? Schoon/No, this one does not drop is down to seven. You have an appointment on May 20 that drops it down. Thornberry/I was in favor of scaling down this Design Review Committee to zero. So I don't see the real- You know, since it is such a big problem, maybe we ought to just sunset clause this Design Review Committee like it was originally intended. Norton/There is such a tiring as majority ruling and then you get behind the majority, Dean. You don't have to keep battling from the trenches all of the time. Thornberry/I know. I lmow. I just have to keep my trench. Norton/I noticed. This represents only a reasonably accurate transcription of the Iowa City council ~neeting of May 6, 1997 F050697 #17 page 4 Nov/Okay. For now, for today, can we just go with this one advertisement and if this comes up again, we will talk about it again. Thornberry/That is fine. Norton/Okay. Vanderhoef/Sounds good to me. Karr/I am sorry, we are going to go with it as is? Or as proposed? Nov/As proposed this time. We may not do it next time. So, as proposed, it is for either a licensed architect or business or property owner from the area subject to the Design Review Overlay Ordinance. The architect may be from anywhere, the business owner, property owner must be from the area. Got it. Okay, this will be an appointment made at the June 17 meeting of the city council. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 May 6, 1997 City of Iowa City Page 16 Consider a recommendation of the Johnson County Board of Supervisors to appoint Tom Riley to the Riverfront and Natural Areas Commission: To fill an unexpired term ending December 31, 1998. (Nancy English resigned). (6 males and 4 females currently serve on this Commission.) Correspondence included in Council packet. ITEM NO. 19. CITY COUNCIL INFORMATION. ITEM NO. 20. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY, a. City Manager. b. City Attorney. ITEM NO. 21. ADJOURNMENT. #19 page 1 ITEM NO. 19 CITY COUNCIL INFORMATION Nov/City Council Information. Larry Baker, would you like to start. Baker/And I am cutting down on my list, trust me because it is midnight and the only viewers we got are out at Oakdale, I think. Nov/You never lmow who can't sleep. Baker/Quickly, I asked Marian to make copies of this letter from Barbara Curtin, addressed to me but it is really for the council requesting council consideration of getting some summer transit passes for youth programs and I didn't think it would be a problem. Kubby/Let's just say yes? Norton/Why don't we just say yes. Lehman/Yes. Baker/Steve will take care of that. Is it true that Doug Russell is really going off the Historic Preservation? Nov/Yes. Norton/I talked to him at some length. Baker/ It is late, Doug will not see this. He might see this on a re-run. But I want everybody in Iowa City who lmows Doug Russell to thank him for a long meritorious tireless work making Iowa City a better place to be. This is exactly the kind of citizen volunteer that makes Iowa City as good a place to live as it is and I congratulate Doug and the people like him. But I think he represents the very best and I just want to thank him publicly for that service on the Historic Preservation Commission. Nov/We all agree. Norton/You really ought to add Marty. Marty has done noble duty in a similar fashion and Jane Jakobson from P/Z. We got to be careful because there are so many of them in the same category. Doug is special I understand but others are also good. Baker/That is in no way ever intended to be a slight on anybody else. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 2 Kubby/Doug has been a very long long standing. Baker/Long long standing and many times in front of us and essential to the success of that commission and I say he represents many people but I just like to call him out. That is it. Vanderhoeff Okay, I will be real quick. I would like to, as a council, to re-visit the CN-1 ordinance just to look at this issue of basements. CN-1. My intent- Karr/That matter has already been referred back to Planning. Vanderhoef/Has it, okay, great, that was one. Then one other thing. As we keep moving down the line to talk about First Avenue and the realignment out there at Dubuque Road and so fourth, we presently are calling our new road out there east-west arterial and I would like to get that named whether we call it Hickory Hill Blvd. or Parkway or something. But somehow or another, let's be creative and let's get this moving. What is he going to do? Baker/He wants Norton Lane. Vanderhoef/How about Double D? Thornberry/How about Triple D Speedway? Vanderhoef/Okay, I am going to quit with that one. Thank you. Thornberry/In our packet this last week, we received a memo that is especially important. During the week of April 21 the City's Safe Workers and Safe Drivers were recognized at the award presentation at their work sites. And these individual awards are an outgrowth of our participation in the National Safety Council's motivational program which limits the Safe Worker Distinction to Public Works, Parks and Forestry and Equipment Maintenance. Safe Drivers are those from Transit and Emergency Services, being the Fire Department. I mr~ going to read this because it is very very important. According to the National Safety Council, a Safe Worker is one who has not incurred an OSHA recordable lost time injury for a specified period of time and that is one that hasn't required medical treatment or miss days of work due to an on job injury for at least a year. 88 workers, out of a possible 128 fall into titis description in Iowa City. Of those, 42 have a minimum of- CHANGE TAPE TO REEL 97-79 SIDE 1 This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 3 Thornberry/Parks, 27 years. Steve Elliot, Refuse, 23 years and that is a department that you can get hurt in real easy. Jim Wells, Waste Water, 23 years. Steve Reichardt Equipment, 21 years. A safe driver is one that has not had a preventable accident within a specific length of time through driving circumstances. They are in the extremes. Both Transit and the Fire Department, both exemplary safe driving records. Transit has 35 full-time and part-time drivers with 21 having at least five years without a preventable accident. Tow mass transit operators qualified for the national Safety Councils Million Mile Club by accumulating well over the required 25,000 safe hours behind the wheel. Malcom Powers, 27 years and Paul Close, 23 years. Fire Fighter have not yet had their safe driver awards presentation but when they do, 26 individuals will be recognized for at least 5 years without an incident. Five of those have 20 or more accident free years. Les Schaapfeld, 29 years. Don Fabian, 25 years. Frank Dolezal, 23 years. Harry Brooks, 20 years and J.B. Smothers, 20 years. All of the city's safe workers and safe drivers deserve our gratitude for developing a secure work environment for themselves, their co- workers and for the public and the city's management is dedicated to an emphasis on worker safety. And I think that these people ought to be given a round of applause by the council. Thank you. That is all. Thank you people. Lehman/I lmow it is late but there are a couple of things I would like to bring up. Last Friday's Press Citizen has a letter to the editor regarding the police survey which we received a copy of last night, night before last because today is tomorrow. In any event, the city was chastised by Osha Davidson indicating the survey was probably not real accurate and whether or not it was accurate, I really don't lmow and I don't really care except the last part of the article said the city council which approved the survey has once again bungled the job. The city council didn't vote on this. We had nothing to do with this. I think this is just another example of how some folks who write letters to the editor bungle their jobs. Now, there is another matter that came up two weeks ago and this is very late and I just throw it out but Steve's message to us two weeks ago last night or night before last, I am sorry, indicated that we have some budget problems and, Karen, you have obviously thought about them. I think we all have. Larry, I think I seen something from you. And I would like to see us do something sooner rather than later and at least have Steve start looking through our last budget, which I think was a very solid sound fiscal budget perhaps for the next three years. But in view of the out years, obviously we have some problems and you and I visited about this, Steve. I think there are things that we have to do and there are some things that we like to do and perhaps we should be looking at some of the like toos and see if there are areas that we can start tighten the belt a little bit so that we don't experience the difficulties that you have projected in the out years. And one of the things that I have been approached on several different times and again, Steve, I mentioned it to you, we authorized the staff to draw up a plan for this trail from This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 4 Burlington Street down to Napoleon Park. It is $1.8 million project. I think $750,000 in federal funds and I think Jeff said we had to match that with $150,00 or $200,000 local funds and I guess I would suggest that we look into the possibility of perhaps not stopping that project but stretching it over a longer period of time so that we don't incur- We could pick up almost $1 million in one year if we phased that and I think some of these things we are going to have to face some tough decisions. I lmow we are not going to make them at 12:10. But I think there are things that we really should be thinking about. And I think the public expects us to do that. Thornberry/I think it is not only a priority but it is riscally responsible to look at the budget that we just passed to see if there is any fat in there that we could- Lehman/Well, I guess my biggest concern is that we asked Steve and your department heads and whatever to look. I think it is very very difficult to say we should do a 10% or 5% or whatever because that is assuming that all of our departments are funded to an appropriate level at this time or all over-funded by an appropriate level and I am sure that we have departments that are under-funded, some that are over-funded, and I really would like to see what Steve and you and your foilcs can come up with before we start coming up with- Atkins/Well, I have already started the preparation of a summary memo. You should have it in a couple of days and we- And in the memo I will say to you I encourage you to be thoughtful which I am sure you will be and also cautious an also patient. I mean, it took a awhile to get to this and it will take a little while to get out and we are just going to take our time to think the thing through. We will prepare some various recommendations, some scenarios on increase revenue, increased tax base, reduced expenses. I do think we ought to set aside some time, a couple of hours, where we just kind of work on just that issue and I am going to be saying that in the memo. And you will be getting that very shortly. I think it will help kick off what you are suggesting. As far as stretching out a particular project, we can go back and re-work those numbers. Kubby/The thing about stretching out a bunch of projects that we know we want to complete over time is that it really doesn't change the financial picture over the long haul and it actually costs us more. Atkins/It costs more. Kubby/If we know we are going to complete it. We need to talk about those kinds of things and actually I don't want it to be just management. I want the people doing the work in each department to have an opportunity to say, this is where I see where we can keep our quality of services and quantity of services and reduce This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 5 costs. I think that is where we are going to find some innovative ways of thinking about it and when I suggest a 10%, I was not in anyway talking about a 10% across the board. I thinIt that is not a sane policy. I thought it was pretty clear in my memo that it was a goal. So there should be some ground rules and that if we end of with some kind of department by department committee meetings, that that is going to take some time, too. It is not going to be a three month deal. It is a whole new way of managing, too, in a certain way that can take some time to develop an appropriate way to do it. What is that institute ? Nov/It is the Woods Quality Institute. Kubby/That might be helpful in structuring how we might approach this. Nov/I have to interject at this point. There will be a consideration of a government network. We are doing this kind of thing through the Woods Quality Institute and they are going to start considering this this Friday, they are going to be meeting and I have encouraged department heads to go and listen to see if this isn't worth considering through a government network. Cedar Rapids has done a little bit of it already and we have done a little bit too though the TEAM Committee. It is something that we have to consider. Kubby/I thinit it should be a powerful thing that council is asking employees to really come up with some concrete ideas. They learn more about how their department is funded, not just the work that they do everyday. I thinit we could come up with some exciting things. I do think it is our obligation to do that before we start raising revenues in other ways or do to it in parallel. Thornberry/Karen, you made a real good point and I also mentioned that 10% reduction off of the top and I didn't mean to take the entire budget and take the first 10%. If you can cut one project, a $10 project by $1. If you can do this, if the employees that are doing the job that are in there doing in can see a better way of doing something that might take less time or time is money. So if they can save time by doing certain projects so they can do more projects, we are going to save money in the long run and that is exactly right and I think you hit it right on the head. Kubby/And the goal may not end up being a percentage in terms of the goal that we give ourselves or the committees of employees. But maybe it ends up being a $450- a dollar amount. For example, the amount to do the operation at Mercer, for CenterSpace, for the library as a starting point. That might be another way to approach it and add some onto the at for other projects. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 6 Thornberry/But I think Ernie is right, too. You got to look at projects that are nice to haves but not have to haves. And start looking at those a little more critical. I think that is- You pinpointed one of them, the trail. Kubby/Is that all you had, Ernie? We got a memo from Steve about the Linn Street paricing lot and the possibility of having that be all metered paricing or paid paricing with an attendant and I guess I would like to have a discussion about that before that is implemented. That I am not interested in having it tonight. But before that 24, I would prefer to discuss it as a council instead of silence means agreement strategy. How do people feel about that? Nov/Sounds okay, we could put it on for discussion whenever you see a hole the agenda where we won't meet until midnight. Atkins/Well, we don't want to wait too long. Kubby/I would like to suggest in sometime in May if possible with people's schedule, to have an extra work session where a lot of these issues can be talked about. I think we have at least three hours of things we could easily talk about to kind of relieve the pressure from these other meetings. Nov/I don't know when we are going to be able to get everybody together. If we are willing to do this without a full council. Baker/Let's not start trying to do that tonight. Nov/I am not going to set a date. I am just going to say we have to be willing to make these decision without a full council because I think we have filled all of the available weeks that everybody is here. Kubby/Well, then people have to be- It has to be okay with midnight meetings with the way we are each living our lives and how we interface collectively. That is the tradeoff. Norton/Or go with less than everybody. That is another possibility. Kubby/Because I think we are not productive and we are not good decision makers when we start doing things too late. Putting things like SEATS at the end of when it is scheduled for 10:00 PM like last night. We can't really- It is really difficult to have a thorough thoughtful discussion. Nov/In some cases we had less than thorough thoughtful discussions even earlier than 10:00 PM. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 7 Kubby/It is just harder. The later we go, the harder it gets. Thornberry/Some of these meetings that we could have a brainstorming about how we can cut some of the budget or something like that, maybe five people could still brainstorm and let the others lmow. Norton/Somebody could leave a note. Thornberry/Don't need a full council to do some of these things. Norton/Somebody could leave their list. Thornberry/We need to get started. Nov/We do need to get started. One of the options we came up with last time is to meet from 4:00 to 6:00 and then again from 7:00 until midnight and this was the kind of thing that we did because we felt the issue was important. That was the only way we could get everybody together. We can consider doing that kind of meeting again, a long, long day but it is one way to know that everybody is in town. Kubby/But it doesn't really relieve the issue that I talk about of talking about so many issues in one night. We are fairly productive bright people but there comes a point. It is just not wise. Baker/(Can't hear). Kubby/We got a letter from Margaret Silber with the Safe Kids Coalition. It was packed full of concrete suggestions on how to make the community safer for kids and how kids can individually be more safe and some of the things I think we are already doing. Some things we have potential to do and other things we don't have the ability to do because of state law or whatever and it would be interesting to briefly go through here and kind of outline, not tonight. I am not saying we doing it but somehow respond to some of the things that we are already working on and ask them to pick two or three things as Safe Kids Coalition that you would like us to work on in the next year or so and see what they come up with. So that committee could give us some direction as to where they would like to see the community focus their energy on safe kids issues. So I would like a letter like that to go back out to the Coalition. Nov/Okay, we will think about it. Anyone who has a preference will let us know and we can send a- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 8 Kubby/That is all I have. Nov/Dee Norton. Norton/I have just two. The first is related to the issue about budget. I also think we need to do some of the things you have already-many of you have suggested about looking-asking a department to see what they can do. But one other thing. There was an unfortunate aspect of that budget hearing at least to some of the public to whom I have spoken. To attribute financial difficulties to some of the things we were planning, almost more specifically to the library project and things like that rather than to the fact of the falling away of M & E. In other words it looked as though the problem were being created or the risk to our bonds rating and other things were a function of that particular project and I thought that was a terribly unfortunate inference from that situation. I don't lmow just how to counter that but not to say we don't project some difficulties. But I don't think they are related to that specific- Or even to the increased operating costs that we foresee in connection with those projects and other things. I don't think either of those are large factors in that. I think the M & E thing is the biggest piece of it. Am I correct? Atkins/Substantially correct, yes. Norton/So, I think that is- Nov/Federal grants for police officers is going to expire. Norton/But those are things beyond ottr control. They are not related to that project. I don't know. That is just a comment on how we need to counter that. Steve and I have talked a little bit about some way. Kubby/Repetition would be very helpful. Thornberry/Along with that, Dee, I would like to say that I have had several people say that it is pretty late in the game for our City Manager to be giving this information to us and now we are in the dire straits and we are going broke and all of this stuff and that is absolutely not true. It is years down the road before we get to the point where it is a little iffy and I would like to publicly comment our City Manager, Steve Atkins, for giving us this information as timely as he had, as he did. It could have been 3-4 years down the road and then looked at it and said hey guys, in a couple of years we are going to be in trouble. He didn't. He gave it to us in plenty of time for us to maintain our AAA rating and to get back on track and I would like to publicly- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 9 Norton/The presentation of that in connection with discussion of this project led to some unfortunate connections in people's minds and I think we need to try and worry about it individually and collectively about how to head that off. I want to add to the other one now to go from, if you wish, the sublime to the ridiculous. Just reverse direction, isn't it. I am worried about Kirkwood Gilbert. I have to make that turn. How are we doing with the light down there? I am hanging in the left turn lane unable to get anywhere. Is that coming along? Atkins/Oh, yeah. We had to order a new controller. Norton/We had the data and everything. I just- Atkins/It is a go project. Norton/Okay, just waiting. All right. Kubby/For some reason that equipment is a real long wait time to get in. Atkins/I don't think they inventory it very often. Norton/I think I will still be in that line when it comes. And the other place I am going to be is going up Benton Street with my car breaking down on Benton Street. I am having to drive in the other lane. I hope it is on our schedule in a hurry. It is terrible. How do you get home, Ernie? Kubby/Larry is ready to go. Nov/I get a chance to say something and namely I have been getting very similar comments to Dee Norton. How is this bond issue going to pass if we are predicting that we are going to run out of money? Why is the city going broke and I don't think it gets the message through. Yes, if we don't do anything, ten years from now we could have spent all of our reserves. But honestly we are not going to let that happen. Atkins/It is not going to happen. Nov/It is just not going to happen but it is difficult sometimes to convince people that if Steve said it, it is not going to happen. Kubby/Maybe that says that we need to do some political education about our budget and about our process and where we are at. We need to take the initiative if we are hearing that message from the community and it is a message based on an This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 10 interpretation versus fact. We need to do something about it. It is ore' responsibility to do that as elected folks. Vanderhoef/There is definitely something missing there because we didn't have a single person come to the p.h. this year on our budget. Norton/That is right. I don't think we did last year either. Kubby/We had 13 the year before. Nov/It is not an easy subject, right. Vanderhoef/And it is a difficult one and I traderstand the problem oftwing to walk into a p.h. and say something about what we have spent weeks going through. Atkins/I think it is important, you lmow, ask anybody running a business. What will be your financial position in the year 2010. Ask that question of someone. Now we are trying to do our best to say here is what we think where we are going to be and it is not an easy question to answer and unfortunately I think when the press used the term broke, busted, whatever the terminology was in that particular editorial, you cannot operate at a deficit in Iowa. It is not going to happen and I think the biggest thing to remember is the purpose of making those projections was a follow up on a request that you made. What is the impact of the library operating expenses on our overall budget. They are insignificant. The debt is big. We all know that. I mean those are big numbers. But this is a manageable issue. Nov/All right, the other issue that I have been getting complaints about and I am not sure is manageable is the downtown business people who say we really need more police officers. People don't feel safe. Bicycles on the sidewalks, skateboards on the sidewalks and they are not talking about just the occasional person who has a weapon and is therefore making the public feel unsafe because they are waving a lmife or something like that. They are talking like just the safety if somebody walking on the sidewalk. And so I am saying we really don't have enough money to hire an extra police officer to spend the entire time on the pedestrian area or Clinton Street or wherever these bicycles are. But they are very strongly saying if we don't do something about downtown, not only in terms of improving appearance but also in terms of improving safety or the appearance of safety, we are going to have a problem. It is not an invalid complaint. We should really be worried about it somewhat. Atkins/I don't think there is any doubt we are worried about it. One of the same people that you all lmow that I lmow is a downtown business person was chewing me a tad bit about a financial projection and we are going to have to do this and it This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 11 wasn't a heartbeat later, by the way, we need extra police officers downtown. You got to hire this, you got to hire- Kubby/Although I have challenged some of the Monday Forum folks who have been the strongest on that issue on terms of 20 officers to look at the budget and get me some suggestions, some specific places in the budget and they are going to do that. I think that will be helpful to our overall discussion. Nov/Well, I had somebody today hand me a specific place in the budget swing we understand the budget it tight. I suggest we do not print and send 45,000 residents this book and he said please recycle this fancy item and this is something that we have heard before. Atkins/We went through this two years ago. Dee was the spokes person for it. The P/R Commission feels very strongly about the issuance of that document. And if you don't want it done as a city council, I suggest you tell the P/R Commission, don't do it. Because I think it is a docmuent that not only they are proud of but I think it is something that truly recognizes all of the recreational and parks activities that we have. If you don't want it done, all you have to do is count to four, folks and it is not done anymore. Kubby/I just take mine back when I am done using it. I take it back so another person Can. Atkins/But it is an easy to resolve. Nov/I am going to put this out in the little thing that we have here for brochures and somebody may or may not pick it up. But I am hearing again and again from people who feel that this is just one more piece ofjunk mail and if the city budget is tight, let's not spend on any junk mail. So I am relaying. Norton/These are suggestions that presumably we will get in the hopper from departments. Nov/I hope so, yes. Thornberry/So what we are getting is not only ideas from city employees but ideas from the rest of the population. Nov/Ideas are welcome. Thomberry/You bet. We can brainstorm and pick out the ones that we- This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 #19 page 12 Atkins/Always be cautious. One person's luxury is another person's necessity. Thornberry/Oh no, when you brainstorm, you can do a lot of different things and pick out the ones that make more difference than others. Nov/I have always said when somebody wants us to cut, which service that you use should I cut and the conversation gets very narrow. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 6, 1997 F050697 City Council Meeting Schedule and Tentative Work Session Agendas 6:00 p.m. [~ SPECIAL COUNCIL WORK SESSION Proposed Police Citizen Review Board Ordinance Presentation by City Attorney Council Discussion Public Input REGULAR COUNCIL WORK SESSION 7:00 p.m. REGULAR FORMAL COUNCIL MEETING 7:00 p.m, [~ April 25, 1997 Council Chambers Counc# Chambers :'. Council Chambers 7:00 p.m. SPECIAL FORMAL COUNCIL MEETING Council Chambers Executive Session - Evaluations :,L '""', ';,"2, t".,:~,.':.'..'!~ L,.:,:'.:: !. :~ ';'.'i:' ':F ':;i.;.f:.'.'~! .::'.:.~.i ::,:.,,.' ".'.,;;h' :",r;.,;.:.~i"'::- ' ".:~;:~::, : :~,..:,: ,:~ .,:;:: ,"' .,.~:~:::'.:::',.. '.:,' .'j::.~,!';:: :, .,,...,:''I::~: ! ,:.,; :.if~,.!!':,.;~-k,~ ~ :~ ,V.,'~.:;'~i! ~ 7:00 p.m. SPECIAL FORMAL COUNCIL MEETING Council Chambers Executive Session - Evaluations '"" .'~:' i;','.".' ' ",'.'.' '/' ~".'. ?;'. ' L:['. ....................... , ......... , .... ~ ........ .... , ......... .,. ....., ............,... ........ .. ,..,, ,.., ~ .....,,,,. ....... ................ .........· ..... ~ 7..~")~ ~ '!i'::',.',']']~. '~' .~;'~'~,,";,':i '.~ :1'::, t:':~ ,~ .~"': ~ ,:fi'h.' ".ii '~ ;: : '"~!,..'~.i. ~;'.;:~'i~" , ·',:'t"',']~,',"., '.:'.~? ::~ :'Lr~:'L ~. :i::.";',:¢.'.' ''"''':~;~'::'~';.', ~ ... :, :,., ,,~ . ~. ,~..,..,:.:,.., ,, .~: , ,,,~ :.,..... ........,..... ,,, ,~ . ..:,..,......,:, .. .,:,, . ~ ~..!~:!."; 7:00 p.m. REGULAR COUNCIL WORK SESSION Council Chambers 7:00 p.m. ~ REGULAR FORMAL COUNCIL MEETING ~i ~;!.~ : :,f ' ' ' ; 2 .i!.:.:!:!2 ::.~: : .::.:.~ :,.,~,, ......................... 7:00 p.m. REGULAR COUNCIL WORK SESSION Council Chambers !! ",d~ i:','J i~'..~,:.~::,.~ T[ Council Chambers 4:00 p.m, - 6:00 p,m. SPECIAL COUNCIL WORK SESSION Council Chambers Cultural Center/Library Project: Ballot Issue and Operating Costs 7:00 p.m. ~ REGULAR FORMAL COUNCIL MEETING Council Chambers FUTURE WORK SESSION ITEMS SEATS CDBG Funding Allocation Non-Motorized Vehicles Stepping-Up Project Animal Control Ordinance Iowa River Power Dam Renovation/Iowa River Corridor Trail Project RFP for Private Development on Parcel 64-1a Graffiti Ordinance Multi-Family Residential Parking Requirements and Impact Fees Sand Point Wells Peninsula Development- Field Trip PIN Grants Hickory Hill West Water Project Costs DARE Program Review Waste Pickup - 4-Plexes Cemetery Elks Landfill Master Plan Transit Route Study ¢lrr OF IOW,4 CITY City Council Meeting Schedule and Tentative Work Session Agendas May 2, 1997 Telecast Live on Cable Channel 4 7:00p REGULAR COUNCIL WORK SESSION 7:00 p 7:45 p 8:05 p 8:10 p 8:15 p 8:40 p 8:50 p 9:05 p 9:15 p 9:45 p 10:00 p Council Chambers Review Zoning Matters CDBG Funding Allocation PIN Grant Video - Completed Projects West High Signal First Avenue Improvements Project RFP for Private Development on Parcel 64-1a Multi-Family Residential Parking Requirements and Impact Fees Stepping-Up Project Animal Control Ordinance Non-Motorized Vehicles SEATS '., 'r,.r',., c/.',:';' ,'., ",..,.':'.;.,';'.?:.'..:.."... "".:!. ',~ -~..,';.:i,.':. .....,',: ;,'; ........''.'."~'... !'..,,,. ::',. ,;'.:: ::,~ :.,,,;... ,.:,..,, ',~u:: ,';/.-''-", I(-' '.~'1,,'t'¢ : · ~";~.'~"~Lv:~.'.',~.'~:.~'"'~..'..~,~;~.b:-~..',~.;,M'-.';~ ~ ;~.'; ~/a;-~j';~L~:~`;"~:-1~;~;:L~;L'~`;~;~;~`~;~-~;~.L:'~.``"-~ ~;.L~.~,.,.-"-'.-~;.~ J;.~.:.~ ~;..';.l'.;,,,;;-r~:,;.~';,. :.~,,.-'...~,.L~.;; ~-'~,i &-'=-".=.~.~','~ ,~.J.:,,~,.".." 6:00p SPECIAL FORMAL COUNCIL MEETING Council Chambers Executive Session - Land Acquisition, Imminent Litigation 7:00p ~ REGULAR FORMAL COUNCIL MEETING Council Chambers ..... ' .':.~'.".-'.~,~#r~,:~ ~."...~:',~;~."~,.;.~.~t:~, ~ :'.. ::,/J. LL.~::;.!',',; .' ;.'.,.!.'~;.~,-',..:;~.'",~',.~ ~'.:.~;~'..~,b:,L::,,".,~,'..'...r..'.;,.';,';,'~i.,,' ~I~:~:.',;~'.',.: ~ '...',:'.~.:,~..~;,: ;:LL.,.~ ",~ ,'.!~.,.-,.:, ~'.,; i;~~;,:~,.,;'..~:, ,,~'.:t h.'i~J.~..J;,.;i .~,!,;'~rh';~; i.. ~.' L J,: u·:i~,':,:.'.:;,-~,,:?.~,ar:}:~/:/~ ~!J.~iJ-L':' 7:00p SPECIAL FORMAL COUNCIL MEETING Council Chambers Executive Session - Evaluations :j'," j '~ ~?¥ · :,'~ ,' :' 'd"' : r". ':,'::":'"":':' ": ....'.;,',: .'. ;':.~. ',,., '".~ "," .'..' :,, ":': ;,~.-: :,' ',' ':" '.~'.~:'..':/' ~ .,."."." ",:,f:i~..:".i': "f,:' ~::':~ """:'" .' · ',,l:;h."%t; 7~;:~ '/..',,',~C" 7:00p SPECIAL FORMAL COUNCIL MEETING Council Chambers Executive Session - Evaluations 7:00p REGULAR COUNCIL WORK SESSION Council Chambers ~' "'. ~' ;:;C'/".~f.~',~'.'...~.'' ':,..'..'..i.: .;'.'::.,..,:::.':. ~',.';. ~,', .'..:.,.~.:'. '.. '."L',..:':,:-,..".' .,.~.~!.!:.~,.r .~;.,,~:.:,....:;..,.~:: ...,.,::,.......,.; .! ~..;:..,.- r',:~ ,' ::'. 7:00p [~ REGULAR FORMAL COUNCIL MEETING Council Chambers FUTURE WORK SESSION ITEMS Iowa River Power Dam Renovation/Iowa River Corridor Trail Project Graffiti Ordinance Peninsula Development - Field Trip Hickory Hill West Water Project Costs DARE Program Review PIN Grants Waste Pickup - 4-Plexes Cemetery Elks Landfill Master Plan Transit Route Study Sand Point Wells