HomeMy WebLinkAbout2003-10-14 Transcription#2b Page 1
ITEM 2. MAYOR'S PROCLAMATIONS
b. Domestic Violence Awareness Month: October 18
Lehman: (reads proclamation)
Karr: Here to accept the proclamation is Laurie Nash. (clapping)
Nash: Hello. I'm here on behalf of the Johnson County Coalition Against
Domestic Violence, which is a coalition of many different organizations
throughout Johnson County. The mission of the coalition is to respond
proactively to domestic abuse. Domestic violence is a pattern of criminal
and non-criminal abusive behaviors, physical, emotional, and/or sexual,
that one individual in an intimate relationship uses to gain control over
their partner. The Domestic Violence Intervention Program in Iowa City,
as you said, received 24,577 calls last year, and while 415 women and
children were provided safe shelter, 269 were turned away because the
program was full, so we have a long way to go. On Monday, October 27th,
the Johnson County Coalition Against Domestic Violence will host the
ceremony for the Pat Meyer Vision Award. This is an annual aware to
honor and thank those in our community for their leadership, and their
commitment to end domestic violence. This year's recipient is the Sixth
Judicial District Department of Correctional Services. The Department
has been instrumental in securing the Silent Witness Program, which is a
visual display of lives lost to domestic violence. The display is very
powerful, and we invite all of you and the public to join us that evening in
recognizing the efforts of the Department of Correctional Services, and to
be able to see the Silent Witnesses. The ceremony is at 6:00 at Old Brick.
And finally we'd like to thank you, the Council, for recognizing that
domestic violence is an issue that effects us all, and for taking the time this
evening to help us in our efforts to increase awareness and prevent
violence in the families in our community. Thank you.
Champion: Was that display the one that was on the Ped Mall last summer?
Nash: Yes. And the one that was on the Ped Mall last summer was a statewide
display that's organized out of Des Moines. The one that we will have on
Monday the 27th features ...... it's a local display that was secured locally
and the stories of the women, children and men who were killed are all
local citizens, so it's a little different. Thank you.
Lehman: Thank you.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#2c Page 2
ITEM 2. MAYOR'S PROCLAMATIONS
c. United Nations Day: October 24
Lehman: (reads proclamation)
Karr: Here to accept the proclamation is Mary Lanaghan, Kirkwood Literacy
Coordinator.
Lanaghan: And volunteer. (clapping) Hello. Just a few words. Many warm thanks
on behalf of the Kirkwood Adult Literacy Program, its volunteers and
Kirkwood staff, for this recognition of our work. Also, many thanks to the
Johnson County United Nations Association and their President Jan
Williams, and Wayne Osbom for finding out about our program and
identifying us for this recognition. Our volunteer literacy tutors, some of
whom are here tonight, help adults who are striving to gain reading skills,
overcome learning disabilities, complete their secondary education, and
obtain GED's, and learn English as a second language. Believe it or not,
even in a State as fortunate as ours, an estimated 23% of adults are
functioning at a level where they may or may not be able to sign their
name, total a bank deposit slip, locate the expiration date on a driver's
license, or locate one piece of information in a sport's article. Everyone in
this community should feel very proud and pleased that people like our
literacy tutors are welcoming and assisting newcomers, some of whom
come from developing countries or underdeveloped areas of our own
country, where poverty, violence, gender and racial bias or other factors
prevented them from becoming fully literate in even their own language.
Currently there are 56 volunteer tutors meeting with 68 students
throughout the city, and 26 more students are on our waiting list. Last
year tutors donated more than 2,000 hours of service to as many students,
through the Adult Literacy Program. Tutors help students communicate
with doctors, get a driver's license or library card, read utility bills and
notes from school, understand the police, request assistance from their
landlord, exchange merchandise at Wal-Mart, become U.S. citizens, and
so many other things that many of us simply take for granted. And as you
saw, there are a few volunteers here who could make it tonight, and many
more that couldn't make it, but I'd definitely like to recognize the one's
that are here. Elaine Moller, I don't know if Elaine is here yet, urn, Debra
Mallick is here, Kelly Meyers ..... they're so modest, Kelly Meyers; Eileen
Cannon, Lavonne Horton, Chris Preseck is a return Peace Corps volunteer
and friend of our program; Emily Bennett, another friend is Laura Dowd.
Thank you all for coming. If anyone is here that I missed, I hope not,
any~vay, thank you all very much.
Lehman: Thank you. (clapping)
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#2e Page 3
ITEM 2. MAYOR'S PROCLAMATIONS
e. Change Your Clock, Change Your Battery Day: October 26
Lehman: (reads proclamation)
Karr: Here to accept is Lt. Steve Dolan from the Iowa City Fire Department.
(clapping)
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#3 Page 4
ITEM 3. SPECIAL PRESENTATIONS
Certificate of Achievement for Excellence in Financial Reporting -
Fiscal Year Ended June 30, 2002
Lehman: Now we have a special presentation. This is getting to be repetitious.
This is really good! It's our pleasure to announce the City of Iowa City
has been awarded the Certificate of Achievement for Excellence in
Financial Reporting. This Certificate is awarded annually by the
Government Financial Officers Association, which is a professional
organization with a membership of over 13,500 government finance
professionals, serving agencies throughout the United States. The
Certificate of Achievement for Excellence in Financial Reporting is the
highest form of recognition in the field of governmental accounting and
financial reporting. Earning the award exemplifies a significant
accomplishment by a local government and its management, since only 23
of 948 Iowa Cities received this Certificate last year. Even more
noteworthy is the fact that this is the 18th consecutive year that the City of
Iowa City has received this award. In times of budgetary constraints, the
rest of the Council and I rely more than ever on accurate financial
reporting, budgeting, and financial forecasting on which to base our
decisions. This Certificate confirms the diligence of our staff in fulfilling
their responsibility to provide accurate financial information to the City
Council and the citizens of Iowa City. We thank them for their good
work! I would like to present this Certificate of Achievement for
Excellence in Financial Reporting for the Year Ended June 30, 2002, to
Assistant Finance Director Erin Herting who is here tonight to represent
the staff of the Finance Department. For those folks who do not know, we
are one, I'm not sure ...... is there any other city in Iowa that does
budgeting for three years?
Atkins: No.
Lehman: We are one of, we are the only city in the State of Iowa that does financial
forecasting for three years. We're required by law to do a budget,
obviously, annually, and I think most of us, at least those of us sitting up
here, are very appreciative of that because of our ability to work our way
out ora very difficult financial situation that was created this spring. So,
Erin .......... (clapping).
Lehman: You know, last year, Kevin had to tell us how everybody else gets the
credit so this year you'll be able to tell us about your department.
(laughing)
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#3 Page 5
Herring: I have a feeling I'm going to seem really chatty compared to our
firefighters, but (laughter) ...... we'll go anyway! I would like to take a
moment to recognize some of the members of the Finance Department
who contribute to this accomplishment. First of all, I would like to
recognize the Assistant Controller, Sara Sproule. Sara transferred to the
Accounting Division from the Treasury Division in July of 2002, just in
time to prepare for the 2002 audit. She is extremely dedicated. She works
a countless number of hours, and she does a tremendous job. I'd also like
to recognize the other members of the Accounting Division. Ann Maurer,
Pam Thodos, Linda Kron, Michelle Cook, and then Jan Burr who retired
in December of 2002 after doing payroll for the City for 35 years, and we
greatly miss Jan. I also had two interns helping us during 2002, Nick
Keating and Dave Stanley, and they did a lot of work for us and we really
appreciate it. The other member of the Finance Department who I'd like
to recognize is Leigh Sloan from the Information Technology Services
Division. Leigh handles most of the support for our accounting software
and a lot of times at the 11th hour when we have a really pressing deadline,
we're running in to Leigh and asking him to do custom reports for us or
pull information out of the system for us, and he really does a great job
and he doesn't often get acknowledgement for that. I'd also like to thank
our Finance Director, Kevin O'Malley. Kevin is very supportive. He
continues to give us the staff and the training and the materials we need in
order to do our jobs effectively, and we really appreciate it. And I must
also extend my thanks to our Department Directors and Division Heads
who continue to follow our policies and procedures. Sometimes they
don't like it but they do it anyway, and we do really appreciate that. And
finally I'd like to thank you honorable Mayor and the members of the City
Council for your continued support and recognition of the Finance
Department. Thank you.
Lehman: Thank you. (clapping)
O'Donnell: Bravo!
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
//4 Page 6
ITEM 4. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Roosevelt
Elementary
Lehman: Tonight we have some young folks from Roosevelt, if they'd like to come
forward now, please. (clapping) I need to get right in the middle.
Roosevelt, you know, I'm not supposed to have a favorite school but my
kids went to Roosevelt and I drive past that school twice every single day,
carefully maintaining my 21 or 2 miles per hour because it is posted 20 so
this is one of the most fun things that Council does every year and we look
forward to the fall when you guys get back in school and we can do this.
Uh, we are very, very proud as a Council to recognize student citizenship
in each Council meeting we recognize kids from different grade schools.
Tonight it's Roosevelt School so if you guys would like to give your name
and then why you've been nominated.
DeNeve: My name is Garret DeNeve and I've been nominated 'cause (can't hear)
Lehman: Tell us the rest of it. That's great!
DeNeve: Oh, I am a 5th grader at Roosevelt Elementary. I started a new
landscaping club at Roosevelt before and after programs. We walk down
to Iowa City Landscaping. We sketched what kind of plants we liked. We
decided which plants would look good together. Then we planted them.
In the summer we pulled the weeds out. Then we put some fabric
covering so the weeds wouldn't grow back. Then we mulched it. We did
our landscaping project for the school so it would look better. I enjoyed
doing it. (clapping)
Jenn: My name is Cassie Jenn. I am in the 4th grade at Roosevelt Elementary.
The before and after school program wanted to make a garden. I
volunteered because I thought it'd be fun to help with the garden but it
takes a lot of work. First we had to pull the weeds. There were two huge
weeds (laughter). Then we walked to the Iowa City Landscaping to buy
the plants. We had a lot of plants to plant. We picked a purple birdbath to
go in our garden. When we finally got the plants planted, we had to water,
weed and mulch. Then we were done. It was a lot of hard work but it was
fun. (clapping)
Richmond: My name is Erin Richmond and I am a 5th grader at Roosevelt Elementary
School. h~ the spring of 2003 our after school program decided to plant a
butterfly garden. We took a trip to Iowa City Landscaping and we drew a
picture of what we wanted to see in our garden in a sketchbook. We
started digging up the old plants, weeding, and turning over the soil. Then
we were ready to plant. We planted a Clematis, Yarrow, Alberta Spruce
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#4 Page 7
and Butterfly Bush. All summer long we weeded and watered the garden
and we are proud of it and the butterflies love it. (clapping)
Lehman: We have certificates for you. I'll read one of them. "For outstanding
qualities of leadership within Roosevelt Elementary as well as the
community, and for sense of responsibility and helpfulness to others, we
recognize these as outstanding student citizens. Your community is proud
of you. Presemed by the Iowa City City Council." Now I asked earlier if
there were grandparents here because I know how proud grandparents are,
and I understand they're not all here so I'm the surrogate grandfather, but
your parents may not always tell you but they're really proud to see you
up here just like we are. Thank you guys! (clapping)
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#5 Page 8
ITEM 5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
O'Donnell: Second.
Lehman: Move by Champion, second by O'Donnell. Discussion?
Kanner: I'd like to remove two items from the Consent Calendar for separate
consideration. Under resolutions #f(5) in regards to the DOT application
for the traffic synchronizing program, and then also in resolutions, f(9)
the new Iowa City Commemial Driver's License Substance Abuse
Prevention Program.
Lehman: Okay. Any other discussion?
Kanner: I had a couple things.
Lehman: Okay.
Karmer: One was, we're calling for a public hearing regarding some bonds being
issued, some GO bonds.
Atkins: Okay.
Kanner: And one of those is in regards to art purchases for public buildings. Is that
anything new or is that a regular program?
Atkins: Karin, I understand it's a regular program ........ is that right?
Kanner: What do we have budgeted for that?
Champion: $50,000 (several others are heard saying $50,000 also).
Karmer: No, no, this is for ...... in our buildings.
Franklin: Yeah. This is just the bond sale that supports the public art program
which is in your capital improvements program and it's $50,000 a year.
Kanner: Okay, the way it was presented I thought it was something different, that it
was for our Iowa City buildings.
Franklin: No.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#5 Page 9
Atkins: In this building, for example, employee pop fund will buy art. You'll see
that around the building. We'll do that but that's not part of this.
Kanner: Okay, I just read it wrong.
Atkins: Okay.
Kanner: So it is for the public art.
Franklin: Yes, just the public art program.
Kanner: And, Karin, I did have some other questions in regard to Parks and Rec
and Planning and Zoning minutes that we have in our Consent Calendar.
In particular a concern that was raised about the Sand Hill development
plans there.
Franklin: Uh huh.
Kanner: There were a couple questions raised and maybe you could help me
answer these. Let me get to that .............. one was, they mentioned the
turtles, the ornate box turtles. And when we first began this discussion of
this development, there were only one or two found. They imply that
there were much more than those, and so I'm wondering what is the range
of turtles that have been found, and it seemed to imply that Southgate
Development was responsible for moving those turtles. Are they, how are
they doing, where are they moving them to?
Franklin: Who is the "they" you are referring to?
Kanner: People that testified at the hearing, in particular I think it was the group
that formed, Friends of Sand ............
Franklin: Concerned Citizens?
Kanner: Yeah.
Franklin: I can tell you what has been reported to us from Southgate Development
Company. The ornate box turtle is a threatened species; it's not an
endangered species, but it's under the jurisdiction of the Iowa Department
of Natural Resources. It is with the Iowa Department of Natural
Resources that Southgate Development has been dealing over the last
couple of years relative to the turtles. Southgate hired a biologist, I'm
assuming, I believe it was either from Coe or Cornell, to do a turtle
capture and determine how many turtles were out there. I believe the
number that they found was somewhere between 5 and 7, if that.
Anyone's that were found were relocated. This was done under the
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#5 Page 10
auspices oflDNR. We do not have a local law which protects turtles or
addresses this issue at all, but Southgate did everything that IDNR
required of them. So, as far as we can tell, the turtles are no longer an
issue.
Kanner: There was some concern about impacted soil and sand that they piled on
the possible breeding ground.
Franklin: I can't speak to that.
Kanner: Okay. Other issues that they brought up was that they said typically open
space is not turned over to the City until after a certain pementage of the
development is completed.
Franklin: Right.
Kanner: They're concerned that this might be a number of years and they wanted
the City, if possible, to get ahold of it as soon as possible. Could you tell
me what the City's intent is?
Franklin: The latest there is that the Parks and Recreation Director and the
Commission I believe also, have agreed to take this property sooner rather
than later. Usually we wait until 90% of the lots are finished so that there
isn't mom disturbance of the land that we're taking when we take open
space dedications. In this case, because of the prairie, the decision has
been made to accept that land sooner, probably before any houses are even
close to it, to enable a burning of the prairie. Them is a prairie
management plan that is being put together that will be part of an
agreement between the City and Southgate as this proceeds. This is still in
the Planning and Zoning Commission. It will not come out of there until
at least the first meeting in November.
Lehman: We're going to get to that.
Franklin: So this is all .............. it's all still evolving. Yes you will get it when it
comes, absolutely.
Lehman: It will come to us which will be the appropriate time to discuss these
things.
Franklin: Yep.
Kanner: One of the things that was brought up on our tour that we had with Parks
and Rec was the addition of houses right directly on the side of the
preserve, which I think was shrunk from 20 acres to 17 acres, and that was
not a done deal. I was wondering if that .................
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#5 Page 11
Franklin: Those lots have been removed.
Kanner: They're going to be removed? Okay, that's the negotiations with the City
and other folks?
Franklin: Yes, with the Planning and Zoning Commission.
Karmer: Okay. See I think it's important, Ernie, that it's brought up in the minutes
here and this is something that by the time it gets to us it's often times a
done deal so I feel it's important to talk about these issues ahead of time,
and it is a big issue with the community. There was quite amount of
testimony at the Planning and Zoning, and hopefully we'll get some of
that testimony when it comes to us in November. I would encourage
people in the community to come forward if they have some thoughts,
concerns, or appreciation about the development.
Lehman: Other discussion? Roll call.
Champion: Move adoption of f(5).
Lehman: Motion carries. We have a motion to adopt f (5).
O'Donnell: Second.
Lehman: Motion by Champion, second by O'Dormell. Discussion?
Kanner: Um, this is a revision of the resolution that we passed at a previous
meeting, to get more grant money with regards to the clean air attaimnent
program. I just think at this time putting in $50,000 to synchronize the
lights and in the short term it will help clean air, cause the traffic will be
more coordinated, but traffic engineering shows that it attracts more
traffic, and in the long-term it's not the best way for clean air attainment.
I think we should put ........ apply for money for urging people to take
public transportation so that those that are on the road can have a clearer
road. I don't think this is the way to go, and especially at this time with
the $50,000 match that we're going to be putting in. I think we can do
better and we should save the money on this. It's difficult to vote against
this one because it does two things. It repeals and reapplies. A little
tricky on this.
Lehman: This actually adds $4,400 to the local (can't hear). Is that correct?
Champion: $4,400.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#5 Page 12
Lehman: Other discussion? Roll call. Motion carried 6 to 1, Kanner voting the
negative.
Champion: Move adoption of f (9).
Lehman: Move by Champion.
O'Donnell: Second.
Lehman: Second by O'Donnell to adopt f (9). Discussion?
Kanner: Let me ask a question first as a preface to why I had some concerns about
this. I assume that our transit funding is contingent on us signing offon
this or some federal funding?
Helling: I would imagine it is, but we don't have any discretion signing oft: This is
also federal law.
Kanner: Looking through this program it's a pretty good program, but this is an
example of federal policy affecting us locally. We need to make sure that
we have people with driver's license who drive safely, and come to work
in a safe fashion. The federal government in the last twenty years has had
a witch hunt in the so-called drug war and this is, in my opinion, further
part of that policy, invasive drug testing. There are other ways to make
sure drivers are safe. We need to make sure they're safe, they're
competent to drive, as opposed to they might be sick, they might have
sleep deprivation. There are other testing methods that are not as invasive
as this continuation of the drug war witch hunt, and so although I'll vote
for it, I wanted to point out that I think we need to fight against the
draconian drug laws that have been passed in the past twenty years be the
feds that continue to invade our society in a lot of negative ways.
Lehman: This is required by the feds. I presume this is to insure the safety of our
citizens by making sure that those folks who are transporting them are not
under the influence of alcohol or drugs, draconian as that may seem.
Kanner: So, Ernie, you misunderstood what I ...............
Lehman: I did.
Kanner: I did not say that testing is a bad thing to make sure they're safe. That
should be very clear, but there are other ways to do it besides invasive
drug testing, and all in all there's some pretty good provisions that the City
does. I am concerned that it appears the total treatment cost goes to the
employee, but we do have a pretty good program in working with people
who do have drug and alcohol problems, and I'm trying to make sure the
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#5 Page 13
public is safe at the same time working with them and their medical
difficulties.
Lehman: Other discussion? Roll call. Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#8 Page 14
ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES", SUBSECTION 7
"PARKING VIOLATIONS" OF THE CITY CODE TO INCREASE
MONTHLY PARKING PERMIT FEES FOR CITY EMPLOYEE LOT
PERMITS. (FIRST CONSIDERATION)
Lehman: I've been asked to have expedited on this.
Vanderhoef: Move first consideration.
Pfab: Second.
Karr: We do need six, to collapse.
Vanderhoef: Okay, I'll withdraw my first motion, and make a second motion. I move
that the rule requiting that ordinances must be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended. That the second consideration and vote be
waived, and that the ordinance be voted on for final passage at this time.
Champion: Second.
Lehman: We have a motion and a second to expedite. Discussion?
Pfab: I feel that since this was discussed earlier and (can't hear) I can certainly
(can't hear) it.
Lehman: Okay, roll call. Motion carries 6 to 1, Kanner voting the negative.
Vanderhoefi Move that the ordinance be finally adopted at this time.
O'Dormell: Second.
Holecek: It would be second consideration.
Vanderhoef: Okay, move the ordinance be considered for second consideration.
O'Donnell: Second.
Lehman: Move by Vanderhoef, second by O'Donnell. Discussion? Roll call.
Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#9 Page 15
ITEM 9. CONSIDER A RESOLUTION APPROVING THE GENERAL CONCEPT
FOR THE LONGFELLOW NEIGHBORHOOD ART PROJECT
Champion: Move the resolution.
Pfab: Second.
Lehman: Move by Champion, second by Pfab. Discussion?
Wilburn: This is from our art fund, right?
Lehman: Yes.
Wilburn: Good, make sure it's not CDBG stuff.
Lehman: I'm delighted to see neighborhoods come up with these kinds of ideas and
I enthusiastically support this sort of thing. Other discussion?
Vanderhoefi Good ideas out there in the community for these.
Lehman: Roll call. Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 16
ITEM 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE IMPROVEMENT AND SALE
OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND PLAZA TOWERS, L.L.C.
Champion: Move the resolution.
O'Dormell: Second.
Lehman: Move by Champion; second by O'Donnell. Discussion?
Kanner: Um, Emie, yesterday you and a couple other Council members had
concern about trying to get some figures. I was thinking about that. When
we do grant applications for CDBG Economic Development, which is
considerably less, and one could say puts this City at much less of a risk
with $15,000 or $20,000 loans. We typically ask for all kinds of
information, much more than we're getting for a multi-million dollar
commitment from us, and I think it's only appropriate that even though it
seems apparent that many of the interest rates have gone down and
perhaps have a better deal, I think we need to get some things in writing.
We're told that there's people jumping at the door to sign up, but we don't
have it in writing. We're told the grocery store is there, have faith in us,
urn, my concern is who do we represent. Do we represent Marc Moen and
his interests or do we represent the citizens of Iowa City?
Lehman: Steven, let me just say, I should have explained this earlier. The
amendment that is being asked for here is a 30-day extension for the
signing of the agreement with Plaza Towers LLC and an extension of 45-
days in the time frame for which the project is to start. This is a
$27,000,000 project. I don't think it is, well unusual, for projects of a
much smaller magnitude not to always be precisely on target from a time
perspective. Issue for the Council on this one is, is it appropriate for the
City to extend by 30 days the time to sign this agreement, on a project of
this size. I mean, that basically is the issue. We had last night, for public
information, a banker from Wisconsin who is handling the financing of
this project who said he was comfortable with the 30-day extension. This
is a project that has taken a tremendous amount of time on the part of the
developer, who by the way is invested about $1.2 million, the City staff,
the City Council, and a group of citizens who reviewed this project, along
with many others, and chose this as the preferred development, so there is
a lot at stake here. The only issue here tonight is, is 30 days a reasonable
sort of thing to be asked for on a project of this magnitude. Basically
that's the issue.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 17
Pfab: Emie, you bring up something that I hadn't thought about until you started
speaking. Because of the size of this, did we not go through some kind of
a large project, I think it was Quality Inn at that time, and the City really
took it in the shorts before we ........
Lehman: This is a bonded project. When this project commences, it will be
completed. That's part of the contract requirement that it be bonded.
Pfab: So we learned from the last time.
Lehman: Well we know it will be built to start. Again, that's not the issue. The
issue is the 30 days.
Pfab: I think this is another issue there, but I'd like to see the developer (can't
hear).
Lehman: Well we've discussed that. If there are questions for him, I'm sure he's
here to answer those questions.
O'Donnell: Emie, I'm prepared to vote on this. (can't hear) This is a proven local
developer with (others talking) um, this is a proven developer in the area.
He has a great deal invested downtown, and already as Emie said $1.2
million invested in this particular project. This is a good project for the
City. This is the best one that was offered to us, and I'm prepared to give
him the extension.
Lehman: Other discussion?
Vanderhoef: As I mentioned last night I won't go through all of that. This was not my
number one choice for the project for that area, and as Emie says that is
not the question tonight. In the scheme of things, another 45 days is not a
big deal. What has frustrated me greatly is the slowness of how all of
these various agreements have taken place and the time that it has been
way beyond what was signed and understood would happen. This
property has been available for development, no longer being used for
construction sites, since a year ago this past January, so there's been two
years available in here to get going on the project and that frustrates me
that that is not tax-producing property. I will support the 45 days.
Kanner: Ernie, in essence it's more than 30 days as Dee pointed out from the note
we got from our staff: The due date was in July actually so it's much
greater than that. It's July, August, September, October, November, then
December. It's like a 5-month extension that we're okaying.
Lehman: I think the contract required ...........
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 18
Vanderhoef: Financing by the 15th.
Lehman: Completion by the 15th of October. The extension is to the 15th of
November which is exactly 30 days, and then 45-day period was for the
start of construction.
Vanderhoefi But the date they were to have financing in place was July 15th, SO they are
way beyond that time of getting their financing in place.
O'Donnell: Well once again, the size of this project I think is great for the City. It's
the size alone, it's a very complicated project that's up to $27 million and
I think we should vote on it, Emie.
Champion: The project was the choice of the whole community.
Lehman: I don't disagree with Dee. The time is frustrating but I think if it's
frustrating for us think how much more frustrating it must be for the
developer.
O'Donnell: Good point.
Lehman: Other discussion? Roll call. (mumbling) I'm sorry.
Boos: My name is William Boos. I'd like to speak in opposition to the
extension. What I'd like to do actually is read a short, somewhat political
letter that Florence Boos and I have sent to the Press Citizen that's going
to be published tomorrow or Thursday, I'm not sure which. According to
recent reports, Marc Moen has not yet obtained financing for the Towers
he has proposed to construct on the lot just south of the library. As some
readers, some people here, may not know the City refused offers of
approximately $1.7 million and $1 million for this property. They may
also be unaware that it would have been obligated by HUD to spend funds
realized in this way for the benefit of local residents of modest means. In
July of 2002, the City then authorized Mr. Moen to pay $250,000 for the
lot. $1.4 million less than the highest bid mentioned above. (tape change)
I suspect obsolete but I'm working from the transcripts of the time. $6
million of tax increment financing and set the stage for him to seat $16
million more from a so-called banker's bank. We have now learned that
15 months have not given Mr. Moen enough time to raise this money, and
the City Manager has urged the Council to grant him the 45-day extension.
We urge the Council, in vain I assumed, to reject this recommendation and
seek friendlier alternatives to the sleek structure Mr. Moen promised
rather than throw good time afier bad. We also urge you to keep in mind
that a million dollars in concrete assistance offer more to poor people than
spires in the sky when they die. Thank you.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 19
O'Donnell: There should be one thing corrected there. I was not urged by anybody to
support this particular project.
Boos: Did I refer to you, sir?
O'Donnell: You said the City Cotmcil and I am part of the City Council.
Lehman: City Manager.
Boos: I'm not quite sure what your objection is.
O'Dormell: (can't hear; others talking also)
Knapp: Good evening, dear Councilors. In case you don't remember me, my
name is Jim Knapp. I live at 528 Rundell Street right here in River City. I
suspect that tonight that when the gavel falls you will rubber stamp the
money collected from the tax payers and make Mr. Moen a girl of, it says
$1.45 million, I thought it was $1.7 excuse me. Since I'm a taxpayer and
voted for some of you, I think I have the right to ask some questions and
the audience should be able to hear the answers. I have prepared both the
questions and the answers since I feel you're probably tired of lack of
sleep.
Pfab: Jim, would you move the mic down. Move the mic down a little bit.
Knapp: Yes sir. I believe that, I prepared both the questions and the answers since
I feel you are probably tired from lack of sleep. Sometimes I know having
a guilty conscience does that to people so let's proceed if you will.
Question: why are you giving the extra money to Mr. Moen? Answer: so
Mr. Moen can build a 14-story edifice to greed and malfeasance.
Question: did you have another candidate for this project? Answer: yes,
Mr. Clark wanted to build a building too. Question: did Mr. Clark ask for
$1.7 million? No he did not; he was going to finance on his own abilities.
Question: so Mr. Clark did not want special treatment but Mr. Moen did?
Answer: yes. So ifI ask for $1.7 million would you give it to me?
Answer: no. Why, don't you like me? Answer: that has nothing to do
with it, Mr. Knapp; Mr. Moen has a plan. Question: is that a grocery
store and a coffee shop? Answer: yes, that's part of it; that's what the
City staff recommended. Question: where do you suppose Mr. Moen
came up with that grocery store idea? Answer: he is a smart man; you
figure it out. Did he have any help from the City staff?. Well yes they
recommended it. Would that be Karin Franklin and Mr. Atkins? Yes, but
where's this leading. Do you always answer questions with questions?
Actually it will become clear in a moment. I hope so, we're very busy
spending the taxpayer's money, and this is not helping.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 20
Lehman: Jim, excuse me just a minute. The issue here is whether or not we grant a
30-day extension. We're not dealing with ...........
Knapp: I am asking you to not grant any more time, so yes I guess that's what the
question is about.
Lehman: It is.
Knapp: And please don't take my time.
Lehman: Well, I wish .......
Knapp: Sorry, I will try to hurry. After all it took an hour that would be about
850,000 if you cut it in half, maybe 2 hours, okay. Where do you think all
these smart people got the idea for a grocery store? Does that really
matter? If you must know, Mr. Moen is a lawyer and very smart. Another
question for another answer. Yes it does matter. I called Mr. Moen
several years ago and asked him, suggested to him, then I talked to Karin
Franklin and told her about the nice markets in (can't hear) Michigan. I
was looking for work and I hoped he would consider to rebuild his place
on Clinton Street. He said that was a good idea but he was going ahead
with the restaurant instead. So this is entirely my fault. I apologize to Jim
Clark. I apologize to New Pioneer Co-op. I apologize to the citizens of
Iowa City. Do you think Jim Clark would have built the same type of
building? Yes we're well aware ofMr. Clark's capabilities. Youshould
be; his taxes pay your salaries, probably the entire City budget, and I
might add, he does it without abatements, CDBG money, so why did you
think it would be prudent to give Mr. Moen the advantage? Don't you like
Mr. Clark? Of course we like Mr. Clark. Then you like Mr. Moen better,
or is it just the staff told you what to do. That had something to do with it.
What kind of a staff would tell you to spend $1.7 million just to get a
grocery store and a coffee house when Mr. Clark would have done it with
his own money? Do we have to answer that? Response: there are those
questions; they just keep popping up; no matter, you don't have to answer
that one but you might have to tell your constituents before they run out
and get a rope. Move to strike. Granted. And I'm sorry. In summing up
let me say ifl have this right, you like Mr. Moen better than Mr. Clark
because he is smarter than Mr. Clark, is that about right? You can
measure the dollars and cents. About $1.7 million, right? Wow! IfI were
Jim Clark I'd hire a bodyguard. That's more than the bounty on Saddam
Hussein. The only thing left to consider is what about the new Pioneer
Co-op? They sell organic food. They don't buy it from third-world
nations that abuse child labor. They hire very nice people. They cater to
some of the better cooks and chefs in Iowa City. Can you say that the
store Mr. Moen will build will honor the same commitment? There are no
guarantees in life. True! There are no guarantees! We may have another
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#I1 Page 21
flood and what if New Pioneer had to rebuild. Would you let them rebuild
in the flood plain? Well, we have bent the rules on some occasions. Can
Mr. Moen guarantee he can come up with the rest of the money? Shrug.
When? Shrug. Tomorrow? How many days is he behind now? Were
you fair to Mr. Clark? Can you sleep at night? You? You? Any of you?
With Mr. Moen? Council, don't be ridiculous. This is rude. Sorry again.
I just can't figure out why you like Mr. Moen more than Mr. Clark, or why
you like Mr. Moen more than your constituency. Did he elect you?
What? Did he elect you? Who did? Council: the voters you dolt! Mr.
Knapp, so does that mean myself and everyone else that votes and pays
taxes elected you. I'm insulted. I hope that the rest of the taxpayers are
too. You use their money, and mine, and especially Mr. Clark's to screw
him out of the project. By the way, did you know that Jim and Loretta pay
about $1 million a year in property taxes? All of the rest of us pay out our
tax dollars. Besides that, you are failing to represent the majority. I
should think you should all resign. I realize this is an open and accepting
society, but I resent being screwed. Do you know what it is like ifI
wanted a job with the City, I would not have my application accepted if it
were one day late, and that has happened to me. How late is Mr. Moen?
Over a month late? My goodness! Some people would really be sweating
now. Good thing Emma Goldman's down the street. End of questions
and answers. The new Pioneer may fail due to your actions. To build a
coffee house and a grocery store, do you know that what you're doing
more competition for Pioneer Food Co-op with the means a new grocery
store and a new coffee house, that buys food and coffee beans from third-
world nations that use child labor for harvesting their crops. How'll you
sleep after you vote to give your money away when it is badly needed in
Iowa City to help our homeless families? Probably very well because you
only see the skyline, you never look down in the dumpsters or under the
bridges where the poor and downtrodden people have to live. God will
not be smiling tonight when the final gavel falls on the heads of the
homeless children. It is such a shame that the rich get by while the poor
just cry and die. Do you ever wonder why? Ask Steve and Karin. Better
ask God for guidance. If you have the power to stop this nonsense, then
say no to Mr. Moen. It may be your ticket to one more term. The
taxpayers and voters will read Wednesday's Press Citizen, shaking their
heads in shame. What do your constituents want you to do? Your sworn
duty is not to take orders from the staff and well-connected citizens. I
have often thought that politicians get the idea they are eagles. I think this
comes from being looked up at by their constituents. Actually, when they
turn their backs on their constituents they are more like buzzards, and
when constituents look up on them, they get a face full of droppings.
These droppings are the digested remains of the carrion they feed upon.
The carrion they feed upon are the dead and dying constituents that starve
and freeze while being homeless so people like Mr. Moen can have
another nice 14-story edifice to locate his market. That is why the market
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 22
is probably but, probably put the poor Pioneer Food Co-op out of business.
Why? Lower costs because that market will buy cheaper foods, products
harvested by enslaved children in South America, India and Asia, and
because it does not have the $1.7 million given to it plus property
abatements. How rich do you want to make Mr. Moen? How rich is
enough?
Lehman: (taps gavel) Jim, your time is up.
Knapp: What philanthropic endeavors does he have to become involved? Where
are your hearts and your minds?
Lehman: (taps gavel) Jim?
Knapp: May I have another moment, please? I've paid a lot of taxes.
Lehman: No, you may not. You've already gone for about 8 or 9 minutes. It's 5
minutes. Now if you want to sit down and someone else wants to get up,
and they don't, then you may get back up.
Knapp: Maybe somebody would like to get up and yield their seat to me.
Lehman: Well if no one else gets up you can get back up. Is there anyone else who
wants to speak to this?
Hart: Good evening. I have a slightly different question. My name is Holly
Hart. I live, I've been a long-time resident of Iowa City, for most of my
life here a renter and probably will be again. Uh, I'm not as concerned
with Mr. Clark and frankly I think the New Pioneer Co-op will pull
through. I note that there is some talk about affordable housing and
limited income housing involved in this deal, and I'm curious what portion
of the funds or tax revenues or what plans you have to address the
affordable housing issue in this, in all this situation. Thank you.
Lehman: Sale of the property, money goes for CDBG funding.
Knapp: That nice lady said I could have her few minutes.
Hart: No, no, no, no. I would like to hear an answer from him first.
Knapp: I'm sorry. I will wait.
Hart: Okay, thanks.
Kanner: And Jim there were other people also that are waiting.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 23
Lehman: When we sell the property, that fund that goes to CDBG and will be used
for whatever they see there.
Hart: Where would this, you have plans to actually build anywhere? I'm
curious where the housing would be.
Lehman: We're not building houses.
Vanderhoef: It doesn't necessarily have to go for housing. It goes for anything that
follows the HUD requirements.
Lehman: We're talking about an extension on a contract. We're not talking about
anything else here.
Hart: I understand. I guess I had heard some talk about there being affordable
housing or condos or something at some point in that, near that area.
That's not correct? Okay.
Lehman: No.
Kanner: The original request for proposal, I had asked that we look at making some
of those affordable, whatever was built there. That was not approved by
the majority. And just to clarify, we get about $1.6 million or so for
CDBG and home funding to help low and moderate income people. This
will go into the pot, whatever we sell that area for, and then our Housing
and Community Development Committee will make recommendations
like they do with the other money. We'll just pay it to the pot and allow
us to do more work, and then it'll come to City Council for final approval.
Hart: Thank you.
Knapp: I have one page of comments to make.
Kanner: Jim, there was someone else that wanted to speak.
Knapp: Oh, I' sorry.
Berkowitz: Holly Berkowitz, Iowa City. Um, I am troubled by this case because it
seems like there is a conflict of interest happening here at the surface, and
I can tell because there's the same kind of architecture going up in
different places of the City, and from what I hear the builder was given a
really good rate on the lot, and so are the interests of Iowa City here, and I
think that we need more diversity in bids and in design, more in line with
the historical nature of Iowa City. I ..... the design seems to be repeatedly
rather oppressive.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
# 11 Page 24
Lehman: Holly, you realize that's not an issue tonight. The only issue is whether or
not we should have an extension of 30 days.
Berkowitz: I'm just expressing some concern. In repeated, in repeated happenings,
and the lure to bigness and largeness and cash flow, and I think you need
to think more about open spaces and affordable housing and um, and
examine the issue of conflict of interest. I'm wondering if that has
something to do here and I'd like you to look into that, please.
Lehman: Thank you, Holly.
Thomas: I will be very brief. Excuse me. My name is James Thomas. I understand
the dilemma. I also understand the timeliness of these issues that are
being discussed now. But Iowa City has some real problems. It's
something that I've approached the Council about before. Last time I was
before the Council I was, I talked about bigotry and racism and it was
misunderstood. Bigotry is about political consciousness that favors a
belief that is popular in a particular group. It has nothing to do with
racism. Now, I work for a non-profit in this community and in this room
tonight, I know of homeless people. I don't know if they want to be
identified or not, but I also have a long-going relationship with one of
these persons who not only is homeless, but has medical difficulties that
requires him to be in Iowa City.
Lehman: Jim, can you make relevance to the 30-day extension?
Thomas: Yeah, 'cause my question is simple, 'cept for this. That $250,000 whether
it goes for housing or another social issue, is critically needed. Now my
understanding is it was first ear-marked for year 4 use and then year 5, is
that correct?
Lehman: It'll be in .......... well it goes into CDBG funds by the first of January so it
would be used in FY05, which starts in July of next year.
Thomas: Okay.
Lehman: That's the earliest it could be used.
Thomas: Okay. Iowa City has some real serious problems, along the lines not only
of homelessness, but also you know there was a conference out at West
High that identified 374 students that are homeless, which means that they
probably are attached to homeless parents. Now, today, I'm just going to
give you an example of what this city needs to do to come together and
work to alleviate the problems because the monies are there. You got
$250,000 sort of wavering out there that's important and is critically
needed. There's a shelter here that has not been identified, land that had
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 25
been identified, uh, HUD said no to it and the real issues of the same kind
of, let's just say what we expect when we talk about hope. We talk about
the warmth ora home. It's not being experienced. When a person is on
dialysis, and sleeping under a bridge, his health can't get better, but that's
the reality that's being phrased here. So what I'm saying is if in this
extension that that $250,000 can be expedited to this year since these
funds actually came from a period 10 - 12 years ago, rather than waiting
until year 5.
Lehman: Jim, if we expedite it and we close this in 30 days, that $250,000 goes to
the CDBG fund considerably sooner than if we, than if this were to be
dropped and we went out for another RFP. In fact, we could be looking at
a year or longer or whatever.
Thomas: Okay.
Lehman: So the quickest way that those funds will get CDBG funds is if we
expedite it, Mr. Moen closes on the project, the money will go there.
Kanner: But if we go, Ernie, right away to previous projects, we ..............
Lehman: We can't do that without an RFP.
Kanner: If we go with whatever process, the sooner we start. You can say not only
$250,000 but $250,000 plus that was offered. So I think when you say
this is only about 30-day extension .........
Lehman: That's is only what we're talking about here!
Kanner: No, it's also, Ernie, about um if we vote no, saying we want to look at
other projects, so .........
Lehman: We already voted on this project and selected it .......
Kanner: (can't hear)
Lehman: You didn't happen to be in the prevailing group at that vote. Council and
the City selected this project from five projects. It was worked out with
the developer, with the staff, with the Council, it's taken a long, long
process, but this is the project that was selected. If this project doesn't go,
obviously we'll start over at square one. But for now, this is the project.
The question is the 30 days.
Kanner: The question is how much do you want to continue to not adhere to the
past resolution.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 26
Lehman: That is precisely the question.
Karmer: Right.
Lehman: Is it appropriate or not.
Kanner: Is that indicative of something else that we should do as a City? I think it
is relevant what people have to say and I appreciate the remarks, and
hopefully you'll listen to it and consider maybe voting differently.
Lehman: But anyway, that's where we are.
Thomas: Okay. Just one final comment. Since there has been a change in
circumstances, a change in conditions that have lead to a delay in this
project, what I'm saying is it seems as if the Council's role may have
opened up to those changes, and then attempt to address some real critical
issues in this town, because we're not. We are actually not doing the
homeless, and homeless children any favors in this town at this point;
we're actually playing Russian roulette with their lives. Thank you.
Lehman: Thank you, James. Jim? Would you like to conclude?
Knapp: I just got one page to finish up. Thank you very much, you're a very kind
gentlemen, and ladies. Uh, we stopped off about the buzzards I guess.
This market will probably put Pioneer Food Co-op out of business. I
really believe that, and the reason because this market will be able to
operate on a lower cost, to buy cheaper food products, harvested by
enslaved children in South America and India and Southeast Asia. Also, it
doesn't have the advantage of the $1.7 million to operate, plus tax
abatements. I don't know. This $27 million that's about the amount of
property Mr. Clark owns and he pays a million dollars taxes. I don't know
what the abatement will be on this property. How rich do you want to
make the gentlemen? What philanthropic endeavors has he become
involved in? Where are your hearts and minds? Is it a requisite of this
high office to be oblivious to the low-income families and the homeless?
How many of you really need your few thousand dollars of income from
your office or is it the power to affect the lives of so many people? We
have, and he eluded to it, over 300 homeless children in the school system.
Now I would think they would take priority before building some edifice
downtown. I would think they would take immediate priority. This is the
city that turned down a sewer system by the government. This is the city
that gave special consideration to the Peninsula developer. This is now
about to slap the highest taxpayer in the city in the face and give all the
money to a lawyer and his contractor. Shame on you! When you go to
bed tonight and think about the kids under the bridges, the kids lying in
the alleys, the way you made them feel, and then ask your God for
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
# 11 Page 27
forgiveness, the only problem is your God is probably a small "g" God
that will stand 160 feet in the air so you have a place to watch the
impoverished, the diseased children, climbing out of the dumpsters,
picking out cans and bottles, and looking for a few crumbs to eat. Then
when they weaken and die you can swoop down and fatten yourselves up
on them. You won't have dreams, there will be nightmares. Martin
Luther King had a dream. Christopher Columbus had a dream. Abraham
Lincoln had a dream. Jimmy Carter had a dream. I have a dream. My
dream is watching God dump coal on your heads and watching you drag
the chains eternally if you do this. Just before it's too late to admit that
you have made a mistake and vote no, it's the right thing to do. When all
the hugging and handshaking is over and the thrill wears off, just think
how nice you will feel. To paraphrase the song "What the World Needs
Now", what the world needs now is love sweet love, we don't need
another tower, we have towers enough to climb. In conclusion, I want you
to understand I have no malice. I realize your commitment. All I can say
is if you go through with this, the con'nnitment should be to independence.
Thank you, gentlemen, and ladies.
Lehman: Other discussion?
Pfab: I would, I would like to make one comment (can't hear).
Castillo: Had a quick question that I thought maybe might need to be asked that's
relevant to this issue. Um, 'cause I can remember this project going quite
a ways back, and it's been talked about for quite a while, and do Council
members have an idea of how much longer they will allow this to continue
to go on?
Lehman: You need to give your name first.
Castillo: Oh, Brett Castillo.
Lehman: Last night we asked the banker if he was comfortable with the 30-day
extension. My feeling is 30 days is it.
Castillo: So this will probably be it, and if they don't get the financing going, then
we'll have to look at alternatives possibly from there?
Lehman: We'll deal with that when it gets here but that was the time asked for by
the developer.
Castillo: Okay, thank you.
Vanderhoef: And from my point of view, this is the one and only time I will give an
extension.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 28
Habhab: My name is Ollie Habhab, and I think you made a mistake when you made
the first agreement, so I think you should set this one aside and deal with
the people that offered you the appraisal price on this property. I think
you'd make the taxpayers in Iowa City all happy to do that. Now I know
you run a clothing store and I want to know, when people come there to
buy your clothing, if you give it away?
Lehman: I don't run a clothing store, but I do (can't hear over other speaker)
Habhab: Then how can you give a million and a half dollars of the taxpayer's
money away?
Lehman: Ollie, we went through this two years ago. There was a process it went
through, I think a very deliberate process, one that appeared to make a lot
of sense to a lot of people, in the long-term best interest of the community.
That's over with. We're talking about (can't hear over other speaker).
Habhab: But you made a mistake when you made that agreement.
Lehman: That could have been (can't hear over other speaker).
Habhab: ...and you can change it now.
Lehman: No. We're talking about extending the terms. We either do that or we
start over, and that's where we are.
Habhab: Now, the money that is supposed to come on the sale, that is for low
housing, isn't it?
Lehman: Right, right.
Champion: For low-income.
Habhab: Wouldn't it be a lot better if they had close to two million than the
$250,000?
Lehman: Two million is always better than $250,000, any way you cut it!
Habhab: How many people voted for that agreement? How many, how many
people voted to begin with, voted for that agreement?
Lehman: That's not the issue.
Habhab: Yes it is!
Lehman: No it's not!
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 29
Habhab: The 30 days, they've already broke their agreement. Now you have a
reason and a way to get out of that bad agreement that you made the first
time.
Lehman: And that's what we're talking about tonight, if we're going to give them
the 30 days.
Habhab: Now, you work for the City don't you? (can't hear) to work for them? Or
did they hire you just to give their money away?
Lehman: Well ! think we all know that, the answer to that.
Habhab: Well we don't all know it. You gotta tell us!
Lehman: Sorry.
Habhab: I'm just gonna make one more statement.
Lehman: Okay, make one more statement.
Habhab: I talked to a lawyer today. If the agreement isn't broke, set it aside.
We're gonna have a court case over this.
Lehman: Okay, very good. Thank you. Is there other discussion?
Knapp: I just ............ could I pass out a Christmas card to you, all the
Councilmen?
Champion: We have it.
O'Donnell: I think we've got it.
Knapp: I think you've done a great job. (talking away from microphone) Merry
Christmas! Have another one! I'll autograph them if you'd like!
Lehman: Is there any other discussion?
Pfab: I'd like to make a couple of comments here, and if this is, as mentioned
here by some people, this is a time to take another hard look at these. I
know we've gone down the path a long ways here, but I think in the sense
of fairness, especially after we went through this session over at West
High, Ross and I, and you find out that because of the fact that the City is
the gatekeeper for a lot of HUD funds, there's a lot of hurting families in
this community. We did a very interesting magical trick. The money that
was, the value of that lot, which was way too valuable to build a library on
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 30
when we came to that, but once we had the library bought, a building that
somebody wanted to sell to the City, and we ended up with a library that's
now more difficult to manage because it's such a long thing. Then all of a
sudden this lot became available to build on. Then when we go to sell it
we find out it's appraised at $1.8 million and that money was dedicated,
according to HUD, to go to low-income youths. I have no hard feelings
against the developer. They are smart, and they are smart what they're
doing now. They're wire-walking us down and probably ending up at a
lower interest rate. We said, we were told last night, that they're interest
rate has gone down at least two points. I don't know what percentage that
is from where you start. Is that a 25% cut in your financing costs?
Lehman: Irvin, that's not relevant.
Pfab: Okay, but no, it is!
Lehman: No, it's not!
Pfab: No, it is! We just get pushed one more and one more time, but first of all,
we here as public officials have an obligation not to look at these 375
people, these children that are homeless, that are going to these schools,
and taking away that money and passing it on to a developer. Now, the
developer didn't say "you gotta do this" ---- we handed it to him! He's a
fool not to take it! But $1.7 million to help these 375 kids is a heck ora
lot better than $250,000. Now you can live with it, I can't!
Kanner: Well that is an interesting point. If the financing costs went down, let's
say 10-20%, maybe the develop would want to give a different deal and
perhaps pay more out of the generosity of his heart to put that money into
CDBG, throw in another half million. That's something perhaps Mr.
Moen would like to do.
Champion: I think it's important ...........
Kanner: How much did you save on the financing?
Champion: It's none of your business.
Boos: Is it possible for me to speak briefly once more time? Once more?
Lehman: Yes, and then we're going to vote.
Karmer: Connie, why isn't that the City's business?
Lehman: Let Mr. Boos speak, please.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page31
Kanner: Connie asked a question.
Champion: I said it's none of our business.
Kanner: Why it's our business for CDBG Economic Development, Connie?
Lehman: That's another .............. let Mr. Boos speak, will you please?
Kanner: Okay.
Boos: I'd simply like to point out what seems to be rather obvious that the delays
that we are charged, we who are protesting here with extending to the
detriment of the City, perhaps of others. These delays are the
responsibility of Mr. Moen, not the protestors. And, Councilman Pfab
isn't the only person to have wondered whether or not he might have been
in search of lower interest rates. It is relevant. It is also relevant that you
can, you do have the power although you're not going to exercise it, to
undo what you did two years ago. So therefore it is not a closed issue. If
you decline to grant this extension, that would be the affect. You're not
going to do that and that's your choice.
Lehman: Correct.
Champion: Ernie, I just want to point out to people who have gotten up to speak that,
especially when they bring up people's names like Mr. Clark's who we all
respect and has built a lot in this town, he was not granted this property
because his proposal, although it was a very nice one, was not what the
Council asked to be built there. It did not meet any of the criteria that we
were interested in. I think as Council members it's important that we look
toward the future of Iowa City and downtown and its continuing vitality,
which is not going to be totally done with student housing. This is a very
viable commemial development that in the long run will help support a lot
of homeless people. It'll be paying a lot of property taxes; there will be a
lot of money into this community, and as a councilperson I can tell you
that I totally sympathize with the homeless situation. I'm a staunch
supporter of it. But I also have to look towards the future and what is the
best for all citizens of Iowa City, including the homeless, and that I feel
that this is still a great project. In the long run it is the right one. It was
not just chosen by this Council. It was chosen by a lot of citizens in town.
I think we need to just get on and vote on this.
Lehman: All right, other discussion?
Pfab: An interesting point here, we are looking for commercial property because
it's taxed at 100% of assessed value, right?
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 32
Champion: It brings other money in too.
Lehman: Well it brings other money, like jobs, like construction, lots of things.
Pfab: But the question that I never did get an answer, at least that I'm aware of,
is what percentage of this project is residential property?
Lehman: It's commercial residential.
Pfab: No, no! Condominiums are residential property. What's the percentage?
25%? I don't know.
Lehman: Irvin, if you recall, part of the contract with Mr. Moen is a guaranteed
assessed value, makes no difference whether it's assessed as commercial
or residential. We have a guaranteed, minimum assessed value. It doesn't
make any difference if it's a condo or if it's a restaurant or a grocery store,
the City is guaranteed $23.5 million I think it is, assessed value if it's all
apartments.
Pfab: Yes, okay now ...........
Kanner: Ernie, I don't know how long that goes for. Does that go after our deal
with them?
Champion: Come on! This is painful!
Kanner: Kafin, does that continue after the end of the deal?
Lehman: This isn't relevant, folks! We're talking about a 30-day extension, period!
Kanner: Well, Ernie, to hear an answer to the question. Ernie, you put a statement
out there. Can Karin answer that question?
Lehman: It isn't relevant to what we're talking about!
Pfab: It is! Because he can either say I accept it and I'll find my own financing,
which the banker basically told him he could, or we can move onto
something else.
Champion: I move the question, I move the question.
Lehman: We have a motion to move the question.
O'Donnell: I'll second it.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#11 Page 33
Lehman: We have a motion to second to call the questions. We're going to do a
"all in favor of calling the question" raise their right hand. All opposed.
We have one opposed and one abstention, so the vote is 5 to 1 in favor of
calling the question. Roll call. Vote is 5 to 2, Kanner and Pfab voting in
the negative.
Karr: Motion to accept correspondence.
O'Donnell: So moved.
Vanderhoef: Second.
Lehman: We have a motion and second to accept correspondence. All in favor?
Opposed? Motion carries. We will take a break for about 10 minutes.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#12 Page 34
ITEM 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA HIGHWAY
1 (DODGE STREET) / NORTHGATE DRIVE TRAFFIC SIGNAL PROJECT.
Lehman: We received three bids. Engineers estimate was $110,000. The low bid
was from KWS, Inc., of Cedar Falls, for $111,769. Public Works and
Engineering is recommending we award that contract to KWS.
O'Donnell: Move the resolution.
Vanderhoef: Second.
Lehman: Moved by O'Dormell; second by Vanderhoef. Discussion?
Kanner: Irvin, get your butt over here!
Lehman: Roll call.
Kanner: Oh, let's see .......... he's making his way here. And I will ....... say, I
think yes.
Lehman: Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#13 Page 35
ITEM 13. CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A
CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE
CITY OF CORALVlLLE, AND SOUTHGATE DEVELOPMENT COMPANY
REGARDING CERTAIN OBLIGATIONS INVOLVING THE DESIGN OF
CAMP CARDINAL ROAD.
Vanderhoef: Move the resolution.
O'Donnell: Second.
Lehman: Move by Vanderhoef, second by O'Donnell. Discussion?
Kanner: Um, again I think we're going down this too fast, too much money at this
time, let's give the tax payers a break, and let's cut this at the whatever
that saying is, right now! So I think we should vote no on this.
Lehman: Other discussion? Steve, this is the first phase of a planned area
development that I think is in excess of 400 acres.
Atkins: It is, yeah, I'm almost positive it's close to 400 acres. It's one of the
larger developments and you approved a comprehensive plan nine months
to a year ago. This is the engineering work to design the main
thoroughfare through there, which is Camp Cardinal Road.
Lehman: And this is a cooperative venture with the City of Coralville, along with
the developers, so it's a partnership of all three of us.
Atkins: Yes, and sharing in the costs to d this.
Lehman: Other discussion? Roll call.
Kanner: So 29% of $475,000 for this initial .............
Atkins: That's our maximum for, yes, for Iowa City, that's correct.
Kanner: Yeah.
Lehman: Motion carries 6 to 1, Kanner voting the negative.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#15 Page 36
ITEM 15. APPOINTMENTS
Lehman: Last night we agreed to appoint John Staley. Housing Committee
Development .......
Kan': Mr. Mayor, excuse me, before you go on. I know Mr. Wilbum is going to
have to abstain from one of these appointments. Do you wish to consider
them separately or delete the one or ..... ?
Lehman: Yes, we went through the Airport Commission with Mr. Staley. The
Human Rights Commission, McCue and Fribley; and Public Art Advisory
Committee, Mark Seabold - do we have a motion to approve those four?
Vanderhoefi So moved.
O'Donnell: I would love to do that.
Lehman: We have a motion. Second? All in favor? Opposed? Motion carries.
Wilburn: I have a conflict of interest with appointing anyone to the Housing &
Community Development Commission. Their primary responsibility is
the recommendation on decisions of allocating the community
development, block grant funds and the home funds. I work for an
organization that receives funding from there, and I have a conflict of
interest and cannot decide those decisions, make those decisions.
Lehman: Thank you, Mr. Wilbum. Housing & Community Development
Commission last night, we agreed with Michelle Mackel-Wiederanders
and Kevin Barnes. Do we have a motion to that affect?
Pfab: I propose.
Champion: Second.
Lehman: We have a motion and a second. All in favor? Opposed? Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#16 Page 37
ITEM 16. ANNOUNCEMENT OF VACANCIES.
Lehman: (reads item) A perfect opportunity for folks to become involved in city
government and make a difference, so if you're interested, get an
application at the Clerk's office and join in.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#17 Page 38
ITEM 17. CITY COUNCIL INFORMATION.
Lehman: Irvin? Connie?
Champion: Nothing.
Lehman: Mike?
O'Donnell: Just one thing, one of our citizens has received an aware from the
Governor. Jerry Hansen was nominated by the Department of Corrections
and received the Governor's Service Award. There were 500 of these
issued in the State of Iowa, and anybody who knows Jerry knows he's a
tireless worker for the community, and this is well-deserved and long
overdue, so congratulations, Jerry!
Lehman: Very good! Dee?
Vanderhoef: This past weekend, our sewer plant held their open house and ribbon
cutting, and it was a wonderful event, but as a sideline piece to it, we also
had hayrack ride out to inspect the South Sycamore drainage-way area,
which is a combination of green space, floodway, habitat, wetland, and
trail corridor, that drains an extensive piece of the south side of Iowa City
in that area where the land is very flat and difficult to drain. I would
encourage everybody to get out and take a look at it. It's very accessible
on this new trail, and you'll see a series of berms that hold back water in
stages until the water finally goes out through the side of the area.
Meanwhile it has gone through a lot of natural cleansing through the
wetlands and empties into the Iowa River. This was a cooperative project
that was done. Our City Engineering folks worked with the developers
who owned the land out there, and worked out a plan to drain those areas
so the developers did not have to create storm water retention basins on
their individual properties. They are buying into the project according to
the size of development land that they are using, and I think it is a win-win
situation for the developers, and for our citizens, and certainly for our
wildlife and birds that will be using this area, a very natural area, and I
would hope that we can do more of these kinds of activities in the future
for Iowa City.
Lehman: Okay. Ross?
Wilbum: Couple things. One, just a procedural question. At our work session last
night we had a discussion about the proposed Patriot Act Resolution and
there was consensus to draft a letter of concern. One of the points I
brought up was I said I would be willing and interested in looking at one
of the requests that was within a resolution that was proposed, about
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#17 Page 39
having our Police Department report to the Council similar to how we
have uses of force incidents reports given to Council, about any inquiries
from the feds, under the guise of the Patriot Act. What, is the appropriate
time when you all draft that letter or can we get a report from the Police
Chief, at least just a memo saying how those types of requests might come
through, explaining when is the proper time to say that?
pfab: Is he allowed to ........
Lehman: Yeah, we need to determine .........
Pfab: If he is, then we have to demand.
Kanner: Can we hear from the City Attorney?
Holecek: Ross, I have my doubts that he would be allowed to put the Council on
notice, because if he were to put the Council on notice that would likely
become a public document and so that would put the public on notice that
such an investigation would be pending, but I will look into it and find out
whether or not that is possible, and what sort of procedure or method that
could be done with.
Wilbum: I'm not talking with a name, just the fact that there's some type of inquiry
or request for assistance, but if we could get some information.
Pfab: What is happening in other cities, that have (can't hear) they pass a law or
resolution that they have to report it.
Wilburn: Like I said last night, I'm personally not willing to make policy that a staff
member be in the position of breaking the law, so I'd like to see a memo.
Kanner: Well just to clarify, the resolution does say "to the extent legally
permissible" which sounds like we're in the same general neighborhood,
but I'm glad you brought that up.
Wilburn: The second thing I wanted to mention was the, I wanted to thank the
school district for having the barriers, for removing the barriers to
learning, meeting with a lot of community folk this weekend, I was asked
to be one of the facilitators for the break-out sessions, and I think that the
school district was appreciative of the City's participation. Irvin
mentioned earlier that he and I were there. There were several city staff
members, law enforcement that were in attendance, and uh, I think overall
they were looking for and hoping for ways to get community members
engaged in the process of trying to remove barriers to learning for our
young people, and not just the usual agency and organization folk, so I
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#17 Page 40
think that was a big thing that they look at as a starting point for ways to
try and get the community involved in recognizing those issues.
Lehman: I understand there were in excess of 200 people there?
Wilbum: Yep, there were quite a few people.
Lehman: I heard really good things about this.
Wilburn: Again, it's a starting point, and I hope that some good things will come out
of it.
Champion: I would have loved to have been there but I have a new grandbaby!
Wilbum: Congratulations!
Lehman: Okay. Steven?
Kanner: Um, a few things. One, in the Senior Center minutes it mentioned that,
not the Senior Center minutes. Actually (tape change) the
Telecommunications minutes in our packet today, mentioned that Senior
Center Program will generally be of a longer nature rather than centering
on programs presented at the Senior Center. In the past, the Senior Center
programs were generally free, but because fees are now charged, it is not
fair to cablecast the program for free when there is no fee to attend in
person. To me, as someone who spent a lot of time at the Senior Center
and got to know people working there, I don't know if this is the direction
we want the Senior Center to go and I would ask if we can get perhaps a
clarifying memo on that. I don't think it's going to discourage people
from signing up if they can see some of these programs on TV. Sporting
events, it doesn't discourage people from coming in, something's on TV,
so I was wondering if we could get a memo from the Senior Center to
clarify what they mean by that. I want people to use that TV equipment,
and facilities to the fullest extent possible, and I think it's great that they
can go down and film things.
Champion: I think it's a valid point, Steven, because some people can't get to the
Senior Center who might benefit from watching these programs.
Lehman: We could ask for a memo. Why don't we do that?
Atkins: Sure. Approach the Commission and express your interest there.
Lehman: Okay.
Pfab: ! know, speaking of that, there were times that there were programs that
were sponsored by the Senior Center and I was discouraged from setting
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#17 Page 41
up a camera so they could put it (can't hear) so I'm not sure what that
really .......
Champion: We tried to discourage you here but you did it anyway! (laughter)
Lehman: Okay. Steven?
Kanner: Um ......
Pfab: Thank you kindly. A pat on the back .......
Kanner: A number of, of organizations and business, mostly non-profit
organizations have enacted no smoking within 20 feet of the entranceway.
For myself, and I think a number of people, it's hard to go through smoke
on the way to the entrance. The library has a sign, hospitals do, and I was
wondering if we could ask that the Civic Center which is quite a public
place and we want to be as open and as accessible as possible, if we can
consider putting up some signs and asking people not to smoke within 20
feet of the entranceway.
Pfab: I question the 20 feet.
Kanner: I just stepped it off, it does give you the front porch and so that gives you
some room to come in from different angles at least so you don't have to
go through the smoke.
Lehman: That's something that we need to put on a work session if we're going to
make a decision on.
Karr: If there's three of you who would like to talk about it.
Lehman: Yes; I think work session. Well are there three people who'd like to talk
about it.
O'Donnell: Fine.
Kanner: And, um, then just a few other quick things. One, I want to thank Miss
Carrie Watson's class at the Senior Alternative High School for an
engaging session, talking about local politics, and I understand that all
three high schools in the City are going to be sponsoring a forum for the
Council candidates and that's pretty exciting to get younger folks involved
in that, and I appreciate the effort that the teachers are doing. I think most
of us have been invited to those classes, and we probably all enjoy them
equally well. We get to talk with them, and I also want to thank Miss Lisa
Meggit and her class at Lucas for being able to do the morning
announcements last week and interact with her 5th grade class. That was
fun to do that. And then, finally, thanks to Parks and Rec Commission for
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#17 Page 42
sponsoring their annual tour of different City parks and facilities. It was
beautiful out the day that we went. There were a couple Council members
and some candidates that were part of that. The hill overlooking City Park
was quite beautiful. The leaves changing, and it was really fun to see the
skateboarders out at the skate park. I think we've mentioned that in the
past, but there were quite a few and um, they were doing some pretty nifty
moves out there. Thanks.
Lehman: Only one comment. Obviously the primaries are over. I went, I watched
one of the forums on TV, I listened to one of them in person, and I think
the community really owes a debt of gratitude to those folks who care
enough about the City to run, and obviously there are winners but there are
never really losers. So, I personally appreciate those folks who took the
time to run, and I know 'cause I've done it and all of us have done it, and
it's a lot of work and whatever, so I think we certainly owe those folks a
big thank you. Mr. Atkins?
Atkins: Two things: you all may recall the Public Strategies Group. That was the
organization out of Minnesota hired by the Governor to reinvent. Well
they apparently (laughter) ........... they're back! Um, the Governor and
Representatives of the legislature have put together a conference for next
week in Des Moines, and they've selected 15 municipal officials, mayors,
managers, attorneys, clerks, and I was selected as one of them. So, we
will be meeting with Public Strategies Group to figure out what happened,
and hopefully going into the next legislative session we will at least have
something the cities can point to rather than just simply being, react to
what's lobed to us. Yes, Irvin?
Pfab: Is that going to be interactive or is this .......... ?
Atkins: I have no idea. I'm not real sure yet. They're putting together the agenda
as we speak. I just got the notice the other day that I was selected to
participate. And, now for some good news, I got word this afternoon we
have a REAP grant in the amount of $80,000 for the seeding of prairie
grass and wildflowers at Waterworks Park.
Lehman: Great. As long as we don't have to have a match. Okay.
Atkins: Well, there is some match. There's always a match involved. We will be,
we will start the process, it'll be kind of unusual bidding seeds and things
and so forth, but actual work would probably not occur until springtime.
Lehman: Sarah, do you have anything?
Holecek: Nothing, Mr. Mayor.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.
#17 Page 43
Lehman: Marian? Do we have a motion to adjourn?
O'Donnell: Move we adjourn.
Lehman: Second?
Wilburn: Second.
Lehman: All in favor? Motion carries. We are adjourned.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of October 14, 2003.