HomeMy WebLinkAbout2000-07-18 Transcription#2 Page 1
ITEM NO. 2. SPECIAL PRESENTATIONS.
Lehman: Item 2 is a special presentation from the Iowa City Kickers.
Karr: We have Mr. Brent Denise who is current president of Iowa City Kickers.
Denise: Good evening. On behalf of Kickers I am here to give you some good
news for a change. There are all smiles tonight. We have, with your help,
we are making a donation tonight of $80,000 for the purchase of the other
concession stand that you so gratefully helped us with. So now we have
two out there at the fields. And this brings our total donation to $360,000
now. So we would just like to present this check to you and say our
thanks.
Champion: That is great.
Lehman: That is pretty incredible.
Denise: It is.
Lehman: Unbelievable.
Vanderhoef: Thank you.
Champion: Thanks.
Lehman: $360,000.
Denise: In pretty quick time too.
Lehman: We really appreciate it and that is definitely good news.
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ITEM NO. 3. MAYOR'S PROCLAMATIONS.
a. Persons with Disabilities Day.
Lehman: (Reads proclamation).
Karr: Here to accept is Heather Ritchie from the Everett Connor Center.
Ritchie: I would just like to very briefly thank the city for their support for the
celebration this year- it was very generous- and to invite all of you, of
course, to join us on Saturday for the celebration. Thank you.
Lehman: Thank you.
b. Community Development Week.
Lehman: (Reads proclamation.)
Karr: Here to accept is Jayne Moraski from our Housing and Community
Development Commission.
Moraski: Thank you. We would like to- on behalf of the Housing and Community
Commission- we would like to thank you for your support of our efforts in
the past. And we would also like to invite you and the members of the
public to the celebration we are having at the Community Mental Health-
a lot of "communities" in there- Community Mental Health Center located
at 505 E. College. We are having that celebration this Thursday from 4-6
in their courtyard behind their houses there. And we would also like to
thank you and present some T-shirts to you for CDBG and Community
Development Week.
Champion: Thank you.
Vanderhoef: Fantastic. They always have neat pictures. We need to hold one up. Hold
one up Ernie.
Lehman: You know, these programs are wonderful programs but they are no better
than the way they are administered. And we are very, very fortunate in
Iowa City to have citizens groups and also city staff people who are very,
very effective in organizing these in a wonderful fashion. So, thank you
very much.
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ITEM NO. 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by VanderhoeC Discussion?
Kanner: Yeah, Emie?
Lehman: Yes?
Kanner: I am going to be trying to mention the number of underage arrests at the
bars that are having renewal licenses. And just so people are aware of
what is happening out there- and we have two renewals for bars. One is
the Green Room. They had 0 arrests in 13 visits for the year, which is the
last 6 months so far. And these are statistics that are compiled by our
police department. And Martini's which also has a renewal up on this
consent calendar, has .62 arrests per visit. They also had 13 visits for the
previous year.
Champion: The only problem with that statistic Steven, and I think I am right about
this, is when the show arrests they don't necessarily tell you whether the
person obtaining the alcohol had a fake ID or not. So, I think the
implication that you are indicating is that the bar is not being diligent and
yet the person who obtained the alcohol may have had a fake ID. So I
have problems with that statistic because it doesn't tell the whole story.
Kanner: I agree with you it is part of the story but I think it is more than just fake
Ids. I think most of us realize that a lot of people are getting drinks that
are underage- not because of Ids but passed from other people. And I
think the bars do have some responsibility in being diligent about
checking that. There are some bars where they don't go around and see
who is drinking. So I just want to get people aware of what is going on
and the community aware. We are working on a solution and hopefully
we will get a fair and equitable one.
Lehman: Well, Connie it is suffice to say that neither of the bars were charged with
making liquor available to a minor.
Champion: Right.
Lehman: But I think- and I think both points are well taken. Any other discussion
on the consent calendar? Roll call. Motion carries.
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ITEM NO. 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL
8 PM].
Lehman: This is a time reserved when the public is invited to address the council on
any item that does not otherwise appear on the agenda. If you wish to
address the council please sign your name and give your name, address,
and limit your comments to five minutes or less.
Jay Honohan: It is Jay Honohan from the Senior Center. The first thing I am going to do
is give Jayne back her proclamations. She left it up here. Jay Honohan
from the Senior Center. I would like to give you a very short report on
some of the things that are going on here lately. I would let you know that
we now have a speakeasy in the Senior Center. Not the kind of speakeasy
that my father used to go to, but one where the council of elders invites
participants and anyone else to come and speak their mind and give their
concerns about the Senior Center. And the program has just started and I
think it is going very well. We seem to have some good participation and
they are bringing their concerns to the commission. And I think we are
going to have some good results from the speakeasy. Excuse me. The
next thing I would like to tell you about is we are doing our accreditation
program. We now have all of the first group of committees have finished
their reports. And we are meeting on the 25 of this month. We hope to
have a new mission statement, new goals and objectives of the Senior
Center to present to the City Council hopefully either in August or in
September. And finally, as Mike wanted to know how we are doing on
the fundraising on the skywalk, we have about $69,000 of what I would
say in the bank and I have reason to believe that by the end of this month I
am going to have $75,000. And I am shooting for $80,000 by the end of
this month, which would be 2/3 of our goal. We have also been meeting
with the architects and going over some of the things that we want for the
skywalk and he is supposed to get back to us with a report next week.
And we will continue to ursue that and hopefully we will have a report
for you at the August 15t~ meeting on how the skywalk is being designed.
If you have any questions-
Champion: Jay, if somebody wanted to make a donation who would they send the
money to?
Honohan: Send it to Michelle Buhman at the Senior Center, 28 E. Liun. Thank you
very much.
Lehman and O'Donnell: Thank you, Jay.
Berkowitz: Good evening. This is Holly Berkowitz and I come again to talk about
Hickory Hill. It is going to keep coming again and again because Iowa
City is very, very lucky to have almost a wilderness right near the city
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center. And that is really precious. And I don't know if the council
realizes that or people in the city realize that. But in our economic
calculations in our standard yearly calculations we have no- in economic
terms- I don't speak that language very well, but I try.
Lehman: I think we understand what you are saying though. There is no way to
show the economic value of that park.
Berkowitz: That is- in the terms that you are talking. I will call them "cash terms".
Okay. But cash terms do not grow food, nor do cash terms produce the
oxygen we need to breathe, nor filter the water that we need to drink, nor
produce the clean air to filter the air that we need to breathe. And we
expect these things to be free and we assume that they will always be there
because God drops them from a faucet in the sky. You are laughing,
Ernie.
Lehman: I don't think it comes from a faucet, Holly. Go ahead.
Berkowitz: But do some people?
Lehman: I don't think so, but go ahead.
Berkowitz: And where is the plant that filters the water and filters the air and produces
the oxygen? Is that up in the sky too? Is there a water treatment plant up
there and an oxygen maker? What I am driving at is we need Hickory Hill
park to produce these things for us. We need more parks like Hickory Hill
and in fact, I am going to suggest that not only do we not put First Avenue
through [but] we develop Scott Avenue, Scott Boulevard, to connect to
Captain Irish because it is only a couple of minutes down the road. Now,
one of the arguments is that it is going to add minutes on to the emergency
calls. Well, if that were a concern we would not be building so heavily
out in Johnson County. Because that produces very high emergency
service costs, very high transportation costs, very high urban planning
costs, very high county planning costs. What about the tax payer's dollars
when we develop those kind of lands and we do not produce a cost
effective urban planning? What is that? Why can't we focus on the
outcome of the city that we want? Have a vision, have a-just not even
think about the costs? Just blank the costs- the dollar amounts, the cash
going through your hands away from you and just imagine what you want.
If you do that I swear it is magical. It will happen. I will tell you what I
want.
Lehman: Okay Holly, you have got to wrap it up though, you are just about- your
five minutes is up.
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Berkowitz: Okay. I will tell you what I want. I want to get away from it all. You
have heard that phrase before, right? No? I have heard it many times.
And people say they want to live out in the wide-open spaces. That is
their goal in life. Well, I have the suggestion. Let's pave it all over so we
can get away from it all. Pave it all to get away from it all. Thank you.
Lehman: Thanks Holly.
April Dirks: Hi, I didn't come with Holly but I came to talk about Hickory Hill.
Lehman: Would you give your name first?
Dirks: April Dirks at 714 Brown. I have been on vacation, I haven't been here
and I have been in the northwest with my dogs. And I come back to
people being increasingly upset about Hickory Hill. And I have run into a
couple of council members in the community, talked about Hickory Hill
and I have received some resistance in my suggestions that we need to do
something. We need a dog park. We need off leash times. We need to
amend the city government right now because people are getting
increasingly upset right now. There are people in Hickory Hill wearing
whistles. The majority of us wear whistles. I have been out of town, but
when I came back and if you see a police officer you will blow your
whistle so that everyone can put your dogs on a leash. Or people have-
you know, I have talked to people who say they have been chased by dog
patrol people or harassed in language by the police, or that there has been
four police officers on bikes in the park at one time. And I know some of
you are probably thinking, well it is illegal and it has always been illegal
so we are finally enforcing it. But it is really changing our lives. I have
two white shepherds and some of you know them- they are usually seen
outside of buildings- sometimes they are only leashed to each other. They
don't need a leash. They can sit and obey on commands. They will sit up
to 8 hours if I ask them to. And I know not all dogs behave that well but
there are quite a few people in this community who have very well
behaved dogs. And when people ask me why my dogs are so good I say
it's because I give them the exercise they need. And for most dog owners
I know who have well behaved dogs, they are dogs that get a run every
day, they are dogs that have land to run. But because I live on poverty
level, I don't have the money to buy land to have my dogs run. And some
people wouldn't have a vehicle maybe to go to the country. They know
someone that has land to let their dogs run. So, we have been using
Hickory Hill for the last- I mean, people I know at least 10 years have
been using Hickory Hill with no problem- relatively no problem. And I
am really not sure what to do. Someone said I can three of you to put it on
the agenda or get a citizen's group together and we will all come in here-
but I wonder if you have any suggestions.
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Lehman: Well April~ I think- didn't we ask for a comment from the Animal Control
folks on the dog park?
O~Donnell: No, Parks and Rec-
Arkins: Parks and Recreation has it on their agenda.
Lehman: They have it on their agenda. It is in its way of coming back to us. Let
me just say, when people in the community complain about someone
breaking the law it is the responsibility-
Dirks: You have to enforce it.
Lehman: -of the city to enforce the law. Whether- and maybe we change it, but for
the time being that is the law and of~cers will go out and they will give
tickets.
Dirks: Is that why it has started again, was people were complaining?
Lehman: We have had a lot of complaints. And I think perhaps more so in recent
months. But I know several council people at council meetings have
brought this up. We have received complaints people are afraid to walk.
Dirks: Okay.
Lehman: And that is not- I don't believe that is at council- we didn't bring this up.
We didn't decide to-
Dirks: I know~ I just don't know who else to talk to.
Lehman: Well, the fact of the matter is you are breaking the law.
Dirks: And I understand that.
Lehman: And if someone complains about it, it is our responsibility to the people of
the community to enforce the law.
Dirks: It had just become kind of a- for the majority of the people that use the
park- and I am not in general even talking about students, I am talking
about tax paying law abiding citizens.
Lehman: It doesn't make any difference. You are breaking the law.
Dirks: Right, but what I am saying is there was a big period when people didn't
feel like- I never felt like for the last ~ive years I was breaking the law. I
didn't think "gosh, I am breaking the law in my own community". I know
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I would never walk my dogs off leash away from the park or even, you
know, at a busy event or anything in the park. I am just wondering- so
what I should do is go to the Parks and Rec division and go to that
meeting?
Lehman: It is on their agenda but you suggested that you don't have a vehicle to
move you- to take your animals-
Dirks: I am saying some people don't have a vehicle that they can take their dogs
to the country. And we need to come up with something so we can help
the animals.
Lehman: My suspicion is that Hickory Hill park will not be a dog park. That if
there is one, which I think is open for discussion, that it probably will not
be there. Now, those folks who regularly walk their dogs in Hickory Hill
park will still be breaking the law and they will probably still get tickets.
Dirks: Right, it is $90 a dog tickets.
Lehman: Which is a pretty good reason not to run them loose.
Dirks: That is another- right, that is a reason why I don't go to Hickory Hill
anymore with my dogs and therefore my- they are very anxious all the
time.
Lehman: But it is (can't hear)-
Dirks: And it is a harassment issue in a way too. People are feeling harassed in
the way of when you get this ticket it is not just- I haven't received one yet
because I stopped going to the park- but when you get this ticket you have
a citation to go to court and if you miss your court date then you get a
warrant for your arrest.
Lehman: The same thing happens with a traffic ticket. Yeah, you get a citation or a
summons that-
Dirks: I usually have just gotten a ticket I pay. But, you know, a friend went to
court and she felt very harassed and upset by the whole thing and felt
maybe I will be able to discuss this ticket but it is the law and I understand
it is the law and I just am not receiving from you the sort of feeling that it
is anything flexible. Some other cities have done things like off leash
times and it has worked really well where-
Lehman: That is coming to us. That is coming to us. At this point, there are no off
leash times, there are no dog parks. If you walk your dog off the leash it is
pretty simple- if you don't have the leash on it you broke the law.
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Dirks: I know that.
Lehman: If you break the law you get a ticket.
Dirks: Right.
Kanner: April, I think there is a coalition of people with your point of view and
other points of view that are getting together and talking and working with
Parks and Rec. So I think it is happening- this process. Having said that
though, one of the things that we read in our Parks and Rec Commission
minutes was some testimony of people that have been terrorized by dogs.
So there is that harassment that is happening also. Someone- a person by
the name of Matt talked about how he is a fast runner and he trains
through there and he is constantly getting bit and chased after. So I think
the different sides are coming together and see if they could work with the
city to get a compromise (can't hear).
Dirks: Or the idea that bikes are illegal as well in the park and then the dogs will
chase the bikes and it is-
Lehman: We will get- we will discuss it.
Dirks: -it is going on. Okay, I just came back into town and several people were
just upset and their animals are upset. They are not out running.
Lehman: We haven't forgotten.
Dirks: It doesn't make for a good community if the animals are all bunched up.
But I have these articles and just if in your spare time you can read them
from the (can't hear). It is just a good article on how people get dog parks
started.
Champion: It is being addressed.
Dirks: Okay, thank you.
Lehman: Thank you.
Karr: Do we have a motion to accept correspondence?
Vanderhoef: So moved.
Pfab: Second.
Lehman: Moved by Vanderhoef, seconded by Pfab. All in favor?
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All: Aye.
Lehman: Opposed? Motion carries. Does anyone else wish to address the council
during public discussion?
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ITEM NO. 6g. CONSIDER AN ORDINANCE TO REZONE APPROXIMATELY
2.01 ACRES LOCATED NORTH OF WASHINGTON STREET
AND EAST OF GREEN MOUNTAIN DRIVE FROM PLANNED
DEVELOPMENT HOUSING OVERLAY (OPDH-8) TO LOW
DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5). (REZ00-0008)
(PASS AND ADOPT).
Champion: Move adoption.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by Vanderhoef. Discussion?
Kanner: I would just like to say something. One of the things that I have been
struggling with, and I will do this for a while, is the issues of sprawl and
what is the limits of development. And one of the things that I think needs
to happen as we move outward in our development is we need to be more
compact outward in certain places. And I think this is appropriate to stay
at a higher density- at the eight density instead of the RS-5. So I'm going
to be voting against this for that reason.
Lehman: Okay. Other discussion? Roll call. The ordinance is adopted 6-1, Kanner
voting "no".
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ITEM NO. 60. CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD
OF SUPERVISORS RECOMMENDING APPROVAL OF A
REZONING OF 43.17 ACRES LOCATED WITHIN FRINGE AREA
A ON THE WEST SIDE OF PRAIRIE DU CHIEN ROAD AT
NEWPORT ROAD FROM A1 TO RS SUBURBAN RESIDENTIAL.
(CZ00300).
O'Donnell: Move we send the letter.
Vanderhoef: Second.
Lehman: Moved by O'Donnell, seconded by Vanderhoef. This is in the Fringe
Area and this is a courtesy- I guess more than a courtesy. We have an
agreement with the Board of Supervisors regarding any property within
two miles of the city limits and development in that area requires approval
of the council and the Board of Supervisors. This is saying we have
looked at it, the Planning and Zoning Commission looked at it and we are
recommending approval. Discussion? Steven?
Kanner: Yeah, I would like to say something about this. I think that we should
send a letter saying that we are not in favor of this. I know that it does
mention the issue of in fill for the county but I think we should send a
strong message saying that there are thousands of spaces available in the
county and that those should be filled that are probably zoned for
residential before we use this farm land. Even though it says it is not the
highest corn suitability I think that it is adequate. There is- there are crops
that are being grown currently on there. I also think it leads to further
sprawl and also I think that we have to consider what is going to happen
when we build houses there. There is more traffic, more people coming
in, more bottle necks at Dodge. I don't think we have to widen Dodge. I
think we have to think of other solutions to lessen the traffic impact. And
there are other solutions that work. They work in other cities and I think
that is where we should look towards instead of having continual
development in this fashion. We should use the parcels that are available
in the county that are properly zoned for residential and have been zoned
for quite a few years. And I would recommend that we send a letter
stating that we don't wish this to be rezoned to the RS zoning.
Lehman: Steven, I have two comments. First of all, this provides access to a
number of lots that are already rezoned. So this allows those lots that are
rezoned to be utilized. And this addresses part of what you are
mentioning. You are familiar or aware of the Fringe Agreement between
the City of Iowa City and the Board of Supervisors?
Kanner: Uh-huh. Yes.
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Lehman: On what basis would you- when this meets all of the requirements within
that agreement that have been agreed to by the City of Iowa City and the
Board of Supervisors- on what basis would you deny this
recommendation?
Kanner: I believe the main one would be the in~ll.
Lehman: Yeah, but it meets all of the requirements that we asked them to fulfill.
We have a contractual agreement with them. It meets all of those
requirements.
Vanderhoef: Their requirement-
Lehman: One of those requirements isn't infill. I am not disagreeing with you, I am
just saying I don't think there is a logical basis for denying something that
meets the agreement we have with the county.
Kanner: I think that the basis for the agreement, beyond the legal ramifications in
the immediate sense, are how we are going to exist together and how we
are going to develop together in the long run. So they are asking for our
opinion. This is not a binding opinion on our part. So I believe, it in my
opinion, that it is not good for the city, it is not good for the county. That I
think that there are better ways that we can develop. And I think that we
have the right to pass that on. I think that the main intent of the Fringe
Agreement is to take into consideration how it affects our city or any other
city that has an agreement with the county. And with that in mind, I
would recommend that it is not in the best interest of the city and county.
Lehman: I think that the letter will say that we recommend approval unless the
Board of Supervisors determines that (can't hear) adheres to the infill
policy of the Johnson County Land Use Plan is essential to the successful
implementation obviously that addresses what you are talking about. But,
according to the Fringe Agreement, it is their call and I recognize your
objection. Is there any other discussion?
Vanderhoef: It is their call and if this were something that the city were interested in,
then that would have to be a negotiated kind of activity when we do the
review of the Fringe Area Agreement.
Lehman: Which is coming up by the way.
Vanderhoef: Yes.
Lehman: Irvin?
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Pfab: I support Steve's concern and there is no question about it, but there is
another side of this or another something that we need to weigh here. And
that is the work that the Planning and Zoning people did with this. I have
sat in on a couple of these. These people work very hard- do an awful lot
of work here. And I think to say "no" after they made this 5-0, no
abstentions or no disapproval, I think I would support that although I am
not saying that you are wrong.
Kanner: So you disagree with their opinion but you're going with their opinion just
because they voted for it?
Pfab: Yes, that is true. They have looked into this in great detail. And they
work very hard at this.
Lehman: Go ahead.
Meggitt: Is there an opportunity for public comment?
Lehman: On this item?
Meggitt: Yes.
Lehman: Sure.
Meggitt: Okay. I think that Mr. Kanner has raised a lot of important questions. I
think the infill issue is a part of the Johnson County Land Use Plan. And I
think it is very important. We already have 7000 acres zoned for
residential development. Previously, it was 10,000. 3000 have been
developed on. I think that is really important that we do give those areas
consideration before we pursue non-zoned land for converting ag land to
residential land. We are losing- it really is an insidious process and it is
really easy to make these decisions because the other factors and all the
other criteria are met. But it is happening all over the state of Iowa. We
are losing 26,000 acres of at land every year in Iowa. Iowa has 10 percent
of the world' s most fertile land and 83 percent of the growth in Iowa is
happening outside of the urban boundaries. And we need to reverse that
pattern. The decisions that you make on these issues really will help to set
a precedent for smarter growth in Iowa.
Lehman: Let me interrupt just for a moment. We cannot rezone this property. That
is not what we're doing. You need to say what you just said to the county
Board of Supervisors.
Meggitt: I plan to.
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Lehman: All we are doing here is saying that they met the requirements within our
Fringe Agreement. We cannot to rezone land outside of the city. They
can- and this is what they are planning to do- what you are saying should
be said to the Board of Supervisors because we cannot rezone that
property. All we are saying is this complies with the agreement that we
have between the city and the county. That is all we are saying.
Meggitt: Okay.
Vanderhoef: And our agreement has to do with how it is built, not where it is built. It
has to do with the possibilities of sewer and the kinds of streets-
Lehman: This one doesn't because it is outside of the growth area.
Vanderhoef: Oh, that is right.
Meggitt: So, I know that the county is looking to your decision to affect the way
that they pursue the zoning, so I would encourage you and invite you all to
be real rigorous in the letter that you submit to the county expressing the
need to consider already existing zoned ag- or residential land- for
residential developments. I know that you don't have the authority to
affect the zoning or to actually zone, but you can affect the zoning of this
land.
Lehman: I really would- I really encourage you to go to the Board meeting because
I think you have expressed yourself very well.
Pfab: Let me ask you a question. Now, is there- can we send this letter with our
recommendation such as stated here? Is it just a "yes" or a "no"? In other
words, it says to send a letter. Is the letter just say a "yes" or a "no" on it?
Lehman: I think that- and Karin, help me on this- I think that our review of items
within the Fringe Area is only to indicate whether or not they comply with
the terms of the Fringe Agreement. Is that not correct? Not
recommending pro or con on the merits of'?.
Franklin: The agreement allows you to review zonings in the county and to
comment on those zonings. What you have traditionally done is look at it
in the context of the agreement and whether it is consistent with the
agreement or not. You can say whatever you wish to the Board of
Supervisors.
Lehman: Thank you Karin.
O'Donnell: But if they have met all of the criteria-
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Lehman: This is what we are saying.
O'Donnell: That is all we are saying- you have met the criteria-
Lehman: But we are also indicating-
O'Donnell: -that we have set forth.
Lehman: But we also are-
Meggitt: They will see that as a green light. That is what- I was at the last P&Z
meeting for the county and they are waiting to hear from you before they
make a decision. So, I just think that you can influence their decision.
Lehman: We are, I think, pointing out that they do have inffil policies that they
should address. Irvin?
Pfab: Let me ask you this- is it possible that we could table this while we put
together a letter that we would send so the council could have approval
(can't hear).
Dilkes: The letter is in the packet.
Pfab: I mean, is there- we may want to change that.
Dilkes: You may want to change it but the letter that is proposed is in your packet.
Kanner: So Irvin, you are saying the possibility of tabling it to include other-
Pfab: Right and allow the letter to be rewritten especially since there seems to-
and I mean, there is some real questions here, there is no question. And
now we are not saying "no", but by tabling it we could maybe strengthen
our resolve on the letter that we send. Or state our positions a little
stronger.
Champion: Isn't this the subdivision that needs access though and this rezoning is
going to provide access for that other area that is already there?
Franklin: There is property immediately west of the property that is the subject of
the rezoning. And that property west is already zoned RS, which is a
residential suburban in the county zoning. They have the right to develop
that land. It is not currently subdivided but it is zoned RS. In order for
that property to develop, they need access through this property. Now,
practically speaking, one could or physically speaking I should say, one
could put a road through this property to access the interior property
without rezoning it. The property owners obviously do not think that that
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is economically prudent because they would be putting in that paving
without having any return off of it.
Lehman: Further discussion?
Karr: Mr. Mayor, could I have the lady's name who spoke for the record.
Lehman: I am sorry.
Meggitt: Alisa Meggitt.
Lehman: Alisa, did you sign in when you were up there? If you would please.
Kanner: And where are you from?
Meggitt: Iowa City, outside of Iowa City.
Pfab: At this time I would make a move that we table this until we redesign the
letter.
Lehman: We have a motion to table, do we have a second?
Kanner: I will second.
Lehman: We have a motion to second. Discussion? All of those in favor of tabling
the motion say "aye".
Kanner and Pfab: Aye.
Lehman: Opposed say "aye".
Remaining: Aye.
Lehman: The motion is defeated. Is there further discussion on the motion? Roll
call. Actually, is this a roll call? All in favor say "aye".
All except Kanner: Aye.
Lehman: Opposed?
Kanner: Nay.
Lehman: Motion carries 6-1, Kanner voting "no".
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ITEM NO. 8. CONSIDER A RESOLUTION ESTABLISHING A SOLID WASTE
ADVISORY COMMISSION FOR THE CITY OF IOWA CITY,
IOWA AND ESTABLISHING THE MEMBERSHIP, TERMS,
DUTIES, POWERS, AND AUTHORITY OF SAID COMMISSION.
Lehman: I think we've got a handout on that tonight for a new resolution. Is that
correct?
Karr: Mr. Mayor, based on discussion last evening we have before you this
evening a revised resolution with the members going to 7 and then
staggering the terms accordingly to allow the committee to advertise the 7
vacancies and submit bylaws to you at that time.
Lehman: So, the resolution is for 7 members, not the 9 that we discussed last night?
Champion: Move adoption of the resolution.
O'Donnell: Second.
Lehman: Moved by Champion, seconded by O'Donnell. Discussion?
Kanner: Marian, what was the second part you said that was changed about the
bylaws?
Karr: Staggering the terms to allow a total of 7. No, there was nothing changed
about the bylaws. This would allow the commission to advertise the
vacancies, come together and then complete their bylaws. The bylaws
would then be referred to you and the rules committee for
recommendation and acceptance.
Champion: I think we were objecting to the 9 because we thought it was a lot of
people on the commission. But if there was a reason for 9, then we are
willing to listen to that.
Karr: There was not.
Champion: It was just an arbitrary number?
Karr: That is correct. It is totally up to you folks.
Kanner: And is there a timeline on this that is part of the resolution of when we are
going to enact this and when we will (can't hear).
Karr: The vacancies would be announced right away.
Atkins: Immediately, yeah.
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Kanner: Immediately?
Karr: We will advertise it (can't hear).
Lehman: After the third reading. After we have (Can't hear).
Karr: No, this is a resolution establishing it so it is effective immediately. We
will advertise and announce the vacancies at your next meeting.
Kanner: And then they will be appointed-
Karr: Probably in September. We advertise usually 30 days. So probably at the
September 12 meeting.
Wilburn: Emie, could you or maybe Mike since he is involved- since we are going
to be advertising for this- quickly just briefly state the importance of this?
Lehman: I would let Mike do that, he is older than I am.
O'Donnell: Well, it is an extremely important committee in helping us deal with solid
waste going into the landfill. The person that will be the advisor is Brad
Newman. He is excellent in this that what we are doing is just drawing
from a very intelligent pool of folks in Iowa City who are interested in
this. And it is very worthy.
Wilburn: If we can avoid some of the problems with filling up the landfill too
quickly like some other areas have.
Lehman: This would also pertain to hazardous (changed tapes)
O'Donnell: At this point Ernie it is very new and this committee will set the bylaws
for it. And I am sure they will come up with anything final and approval
will rest at the council level. But it is a very good committee and we all
should encourage it.
Kanner: One thing I wanted to mention, I concur with that Mike. I think that- there
was a recent Supreme Court decision in the last few years called the (can't
hear) decision that limited cities' control of waste. And so, we have to
look at other ways to deal with waste than were traditionally done in the
past. So, we have to think of new ways and this is going to help us deal
with new ways. And one of the things that we talked about yesterday was
whether or not people outside of the city should be on the commission.
Perhaps one or two representatives from the county and Coralville. And I
think the general consensus was that we would let the committee meet and
propose some bylaws and see what they have to say and then as you said,
we will have final approval on that.
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Lehman: Further discussion?
Vanderhoef: I am going to vote against this proposal. In general, there are some good
possibilities here. However, I think just doing it on the city level is too
small an area to be working on. Presently we are mandated to look at this
in a regional fashion. And we have a technical advisory committee made
up of experts in the field from a seven county area. These folks report to
the regional council of govemment, the East Central Iowa council of
government, and these folks look at it in a regional plan of how to best
help in the whole area. I feel this is where it should stay. I don't think we
need one more commission in Iowa City. And I will vote against it.
Pfab: I have a question.
Lehman: Yes?
Pfab: I have a question for you Dee.
Vanderhoef: Sure.
Pfab: There is no question that this is an extremely important item here. Is there
any reason that while we support the regional idea of it that Iowa City also
has a lot of work to do and a commission like this would help focus on
that and help us reach the goals of reducing the amounts of solid waste
going into our landfills?
Vanderhoef: I see it as needing a very technical group of folks to do this. And that in
the regional approach to this we get a broader spectrum of what needs to
be done in our area. We have regions like this broken up throughout the
state of Iowa. There are 15 regions that all do this kind of thing and they
interact in a larger area kind of planning. And I think this is where we
need to leave it, with the technical experts of management of our solid
waste.
Champion: I agree with you Dee, but I think Iowa City has problems of its own that
aren't necessarily part of this big region. One of my concems is the fact
that the Iowa City landfill- which I think is a very clean landfill and they
are really working on environmental issues with the landfill and infill of
the land fill. I am very concerned about the amount of the solid waste that
is leaving Iowa City and being taken to other states, which don't have the
same rules we have about landfills. And I think that is something that this
committee might help address. I think it is a major environmental
problem.
Vanderhoef.' Connie, this is a major kind of thing and through the Regional Pact
Committee and the Regional Council of Governments, we are all working
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at this. But it takes state legislation to do this. It is coming through from
the DNR and we can't do those things, Connie. We can't legislate them.
They have to become a member of our Solid Waste Comp Plan for the
region. And they have not. Those folks have not at this point become
members. The ones who are taking it out of the state of Iowa. And until
we get legislation that either says they have to or the DNR enforces their
own rules that they have to become part of the Comp Plan, we are in a
stalemate right there. But it has to come at the state legislation. So this
committee is not going to be able to address that one.
Lehman: The issue is whether or not we're going to appoint a committee that is
going to be addressing, I would assume, primarily issues that are local in
nature. Obviously, what Dee says is absolutely correct. There is a
committee of the county, which I would assume this committee would
work very closely with. But this is a local sort of committee. We're being
asked to set this up. It is a seven-member committee. Is there any further
discussion?
O'Donnell: Yeah, I want to respond to that a bit Dee. You know, it is at a state level.
But it is a problem that exists locally. And I think the more people in
trying to find creative ideas to solve this problem the better it is. And
some very creative ideas could come from this group. And that is why I
support it.
Lehman: Irvin?
Pfab: I have a question for Dee. How long has this group that you've been
talking about- how long has it been in effect?
Vanderhoe~ I don't know.
Lehman: A long, long time.
Pfab: Let me ask you a question. How has that benefited Iowa City so far?
Vanderhoef: The plans that Brad Neumann- he sits on the technical advisory committee
for the region- he brings us these things. He is our expert. And he is
working with all the other experts. And they are sending letters to the
DNR. They are doing all of these kinds of things to try and bring a
resolution to particularly the transfer of solid waste outside of the state of
Iowa.
Pfab: Do you think it is wrong to be supportive of Brad and help him develop
more people muscle to make his efforts known?
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Vanderhoef: I think that is what you do when you put people to represent you at the
regional council of government.
O'Donnell: I think (can't hear) comment here. Brad has been supportive of a group
like this- a group of advisors- for a number of years. I serve on a
committee with Brad. This is a very good thing for our community. I
have to believe it is.
Vanderhoef: I know you do.
O'Dounell: Okay.
Pfab: Ernie?
Lehman: Yes?
Pfab: I support Mike's position.
Lehman: All right, Holly, do you have something to say about this committee?
Berkowitz: It is a very important issue and we need to spend some time on it. And
thank you for letting me speak. I would say that we need all of the ideas
we can find. And that means going to the community, getting a
committee, going to the schools, have the committee branch out to the
schools. Tap the brains and the fine minds in our schools in this area.
You wouldn't believe how much potential is sitting in the classrooms in
this area that could have brilliant ideas for eliminating the landfill. There
is so much that I throw in my trashcan. So many dollars that I throw in
my trashcan every day. I need some help with it. I need public
infrastructure, foundation to help me come up with potential ideas and get
them running. I come up with 10 ideas a day and the facilities, the people,
are not there to take them and run with them. We need your help. Please.
Thank you Mike for saying that. And I want to work with you more on
waste innovation network systems and a computer program to linked
potential supplies with potential demands. You link them with volunteer
paid- what ever- links of transportation, storage, repair persons, kids with
ideas, engineers, artisans, whatever it takes. But that is how- that is what
an economy is all about. I shouldn't have to stand here and tell people
who have a BA in economics that. Please, let's get it started.
Lehman: Okay, we are about to get it started.
Berkowitz: We can jump start our economy again.
Lehman: We are going to start it right now. Roll call.
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Kanner: Wait, Ernie?
Lehman: I am sorry.
Kanner: Steve, there was a request before about what the budget would be for
setting up this committee. Could you let us know what that will be? This
will be from General Funds?
Atkins: No. It would be from Landfill. I am assuming- yeah, we would make our
charges. Brad is financed as part of the landfill budget as well as our
refuse collection budget. I am assuming both of those issues are going to
get covered by this advisory committee. And if you make the assumption
that Brad would spend in the neighborhood of about 25% of his time,
which is not uncommon to staff a committee, as well as Dave ###### who
is the superintendent that runs the landfill and Rob ###### who does the
refuse collection. While it is not new money, I think we can safely say
you are in the $35,000+ to support the committee. Without too much
trouble.
Kanner: And as far as new money, at our next budget we might have to think about
increasing the budget?
Atkins: Yes. What will happen is it is likely that your committee through Brad
and so forth will put back in your lap various programs, and then of course
it becomes incumbent upon you to decide which ones have priority and
which ones you are going to fund. Right now it is landfill, refuse
collection fees. Brad and a couple of other people from the staff will be
participating and staffing this thing to begin with.
Lehman: Roll call. Motion carries 6-1, Vanderhoef voting "no". We are going to
take a quick break.
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ITEM NO. 9. CONSIDER A RESOLUTION DETERMINING THE NECESSITY
AND SETTING DATES OF A CONSULTATION (JULY 24) AND A
PUBLIC HEARING (AUGUST 15) ON A PROPOSED SYCAMORE
AND FIRST AVENUE URBAN RENEWAL PLAN FOR A
PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA
CITY, IOWA.
Wilbum: Move adoption of the resolution.
O'Donnell: Second.
Lehman: Moved by Wilbum, seconded by O'Donnell. Discussion?
Pfab: I have a question. The fact that we are doing this, what effect does that
have on- what weight does that carry with people in that area? The fact
that we're setting a hearing?
Lehman: I think all it really says is that both the council and the people have an
opportunity to comment on whether or not this is something that we would
like to proceed with. It is obviously an option available to us. We cannot
exercise the option unless we have an opportunity for the public to speak
to it, for us to consider it. It doesn't say we're going to do it, it doesn't say
we aren't going to do it. It says it is a possibility that we can consider if
the public wishes for us to consider it or we wish to. We can do it, but
only after a public hearing.
Pfab: Does that mean that we can look at other options?
Lehman: We can do whatever we like. We don't have to approve anything. This
just sets the public hearing.
Pfab: Okay. Does this set the public hearing for just this (can't hear)?
Lehman: This sets the public hearing for this particular item. That is correct.
Pfab: But it doesn't leave room for introductions of anything else?
Lehman: I am sure that any time we wish to try something else before the public
hearing, during the public hearing, or after the public hearing we can do
that. But this is on this item.
Pfab: I have no objection to airing it out in public. That is fine.
Lehman: Other discussion?
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Kanner: Emie, I'm going to vote for this so we do have a public hearing but I think
we need to speak about other options because already there has been a
status quo set by some of the council members that this is something that
we ought to do. And so I think we need to continue to have the discussion
and I'll just say that I think that perhaps we need to revitalize the southeast
area everyone is talking about. And there are certain areas in town that
need support. The question is what type of support. There are proposals
that any property tax increase in a place like Sycamore Mall would receive
$180,000 rebate-
Lehman: Steven, this is the kind of comment that we should have at the public
hearing.
Kanner: Well I think it also- people need to- because it is already put out there that
this is what we want to do as a city, and not everyone agrees with that.
And I think people should be made aware of it because once we start down
this road it is very hard to turn back. And I think by putting some of these
things out there people are made aware of what is happening and that
never hurts to have more information. We also heard yesterday that this is
a depressed area. And I don't think anyone will say by any definition that
it is a depressed area. Perhaps there is 50% of a store being opened, but
there is also a profitable store in there that seems to be doing well on all
accounts in Sycamore Mall. So I would like to look at a lot of different
options. Council member Pfab talked about other ways to support that
area. Perhaps childcare or something that we want to look at. So
hopefully people keep these other options in mind when they come and
discuss this at the public hearing.
Lehman: Okay. This requires a roll call. Roll call. Motion carries.
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ITEM NO. 10. CONSIDER A RESOLUTION OF INTENT TO APPROVE A
PURCHASE AGREEMENT WITH FAMILY VIDEO FOR
CONDOMINIUM UNIT 1-D IN TOWER PLACE AND PARKING
AND TO DISPOSE OF SAID PROPERTY IN ACCORDANCE
THEREOF, AND SETTING A PUBLIC HEARING FOR AUGUST
1, 2000.
Lehman: Item 10 is one that we will skip. That agreement has been withdrawn.
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ITEM NO. 11. CONSIDER A RESOLUTION AUTHORIZING AND
APPROVING $225,000 IN AFFORDABLE HOUSING FUNDING
POOL FUNDS ($175,000 IN CITY GENERAL FUNDS AND $50,000
IN HOME FUNDS) FOR A PROJECT TO PROVIDE HOUSING
FOR LOW AND MODERATE INCOME FAMILIES.
Lehman: Do we have a motion?
Vanderhoef: So moved.
Lehman: Moved by Vanderhoef.
Wilbum: Second.
Lehman: Seconded by Wilburn. Discussion?
Jeanne Kelsey: If I may.
Lehman: Yes, you may.
Kelsey: I am Jeanne Kelsey with Metro Plains Development. And I would like to
take just a few moments to do a brief introduction and also discuss a little
bit about the proposal. I was at last night's meeting so I know that you all
did get packets, handouts of the proposed development. First of all, let me
make the introduction of Metro Plains Development formally to council.
And make you aware that Metro Plains Development has been building
housing for over 20 years. And we work in a nine-state area. Our most
recent development that we have completed in the state of Iowa is a 75-
unit development in Burlington, Iowa, which was the rehabilitation of the
Burlington Hotel. We are also in the process of finalizing acquisition of
an additional 30 units in the state of Iowa. And those are all affordable.
Fifty percent of what we do is historic rehabs into housing. Twenty-five
percent is new construction and another 25 percent is acquisition of the
existing properties. Our proposed development currently that we have,
and I think you all have the site plan and I just want to do a brief
description of it, is for 30 duplexes, which would be 15 units. And it is on
a total, including the green space, it is 8.69 acres. Part of the green space
will have pathways through it that we are required to put in. Those
haven't been laid out here on the site plan. But as you can see, the site
plan meets the traditional neighborhood which has been encouraged to us
by staff and that we have done before in one of our other developments to
move the garages to the back and do a shared driveway. Our proposal,
and based upon last night's discussion that I was available for, there was
some concem over the fact that our proposal did not meet the guidelines of
the application that we made for the affordable housing funding pool
funds. In response to that, I want to first of all tell you that my proposal is
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normally always based upon the permanent loan mortgage company which
is US Bank in this sense of what works for them and their underwriting
guidelines. Their term is 20 years. What they like to see is they like to
see terms coincide with their terms so that it is all simultaneously
ballooning at the same time and they don't have to worry about any other
mortgages coming about before theirs. US Bank is committed to this
development and they are committed to Metro Plains Development. And
they believe in Iowa City and they believe in this development. I
proposed to them based upon your conversation last night the concerns
that council has with our proposal. They are willing to amend and allow
me to state to you that they are willing to go for the three percent interest
for a ten-year term.
Lehman: Which complies with the terms (can't hear).
Kelsey: That complies with the terms of the affordable housing program funds.
Champion: I think our other concern was density and a concern about what is the
correct amount of density of affordable housing in an area. And a lot of us
have concerns with 30 grouped together rather than being spaced around
town or in different developments. I think that is a concern that many of
us hold. That is not the first time that we have brought this up. We are
also concerned about emergency type housing situations. To be
distributed throughout the community- that is a concem I have with your
project. Although, your project looks wonderful on paper. And I don't
know if other council member share that concern or not.
Vanderhoef: I've brought it up several times over the last year about what we meant by
scattered housing. And we don't seem to have a definition of that and this
is part of our comp plan. The guidelines that were proposed by the
commission were not guidelines that had been approved by the council.
And the way we left it last night was that we would be having a work
session and talking about guidelines and also to better understand what we
want to do with "scattered". What that word "scattered" means. I would
propose tonight and I will make it in the form of a motion that we defer
this item until we have had our council work session on the guidelines and
talk about scattered housing.
Lehman: Is there a second to that motion.9
Kelsey: Could I comment?
Lehman: Let me get a second first.
Champion: Second.
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Lehman: We have a motion and a second to defer till when?
Vanderhoef: When can we put it on a work session?
Lehman: Maybe we will take some comment from you now because that may
definitely-
Vanderhoef: I understand you have a deadline on this.
Kelsey: I do. I guess I also have looked at what reasonably has been done by
council in the past. And this proposal is based upon that reasonability.
There is another resolution that you passed tonight for support of a 30 unit
affordable tax credit, all units. And they are all in one building. There is
no scatter site on that. And I also looked at what is the concentration
density of our proposed development in comparison to the others. Our
unit count is only 3.4 units per acre, including our green space. And when
I have looked at the other ones that are being proposed and in comparison,
because I am using that as what is reasonable for us to propose to the city
because I am not proposing a 100 units on these ten acres or anything else.
I'm working what with what is already zoned, currently zoned, and what
has been supported by the city. When you look at those other ones they do
vary from 8 units to 13.8 units per acre. So I guess that I ask for you to
consider what you have supported in the past and apply it to this
development.
Vanderhoef: Well I would like to respond to that because I believe that the one that we
just adopted here was for specifically elder housing and for disability kind
of housing. It was not for family housing. And this would be part of my
conversation when we are talking about scattered housing, whether there
is a different picture when we look at different kinds of populations.
Pfab: I really like the way you laid out and made use ofcornmon ground and a
common land for the occupants there. I am not concemed about the
density. I think that is a good thing. What was I going to say? Go on, I
will think of it later.
Vanderhoef: I would like to ask you, would this be a viable project for you to build 30
units but not to put them all in the same location?
Kelsey: To respond to that, we will be maintaining the properties. Okay, that
means lawn maintenance, that means upkeep of snow removal. Right
now, based upon that, my budget is (can't hear) where the maintenance of
the upkeep and operations of the development. If I scatter site it you have
just now added to my costs because of the fact that I don't have the
capability to contract a little bit better of a contract for the maintenance
and upkeep and also management of it. You have a little bit better control
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#11 Page 30
when you are able to address 30 units in one area. The other thing that I
guess I would like you to consider and view on this is that this is not 30
units of rental housing that is being put into a development that already
has other units of rental housing. I believe that this is a good mix to the
neighborhood that is existing for the ownership that exists in the
neighborhood along with what this capability is.
Vanderhoef: So you think it would put it out of the possibility to use two sites?
Kelsey: Well, that I think it is more difficult to negotiate the purchasing even of
the sites because when you're looking at sites and costs here in Iowa City,
your costs skyrocket as just the conversations begin. I have less
purchasing capabilities to negotiate possibly a better purchase agreement
on the site. So, I believe that you have not only operations and
maintenance and upkeep to concern yourself with, but then you also have
trying to find the appropriate two sites. And you also have if you don't do
those phases- if you can't do at least 30 units all in one time, then I don't
have economies of scale when we are building either. So I have now just
added to the cost of this development and if I am only going to do you
know, half of them someplace that half is harder now to manage because
of the fact that I don't have enough income off of that property because of
the fact that there is only 15 units. Our minimum that we will do as a
developer so that they run appropriately and we don't have those costs and
concerns that always creep up on us is that we do 24 minimum at the same
time.
Pfab: My question was the same one I asked you last night. I don't know what
your record or your history of management is and I think that is very
critical to an operation like that. Also, my other concem is the location.
Does that cause a problem of isolation? How do you build a community
with community support (can't hear)? That was my other question.
Kelsey: I guess can you be more specific on that question?
Pfab: Well, they are a long ways from downtown Iowa City. What is the next
closest thing the are close to as a neighborhood center where they can
meet their daily and weekly needs?
Kelsey: I have looked at that and that there is the shopping that is on the south side
of 6 there. And there is bus service on Scott. And if you also look at a
family vs. elderly, you find people are more mobile and at least have one
vehicle in today's crowd. There is not many people that are carless. So
that has been taken into consideration when we have proposed this. This
is a similar development that we have done before in a community of your
size and that we operate and maintain. You have asked about our
management, how long have we been managing? We have a separate
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company separate from us that is a sister company that manages and helps
us operate all of our developments. They are running the 30 developments
that I am telling you about here in Iowa currently and then also
Burlington. So we would also have management presence here in Iowa
City once we are done with the development.
Pfab: I have several questions here. What do your tenants- how do they rate
your management? And how do the neighbors rate your management?
Kelsey: You know, I would refer in the sense that we also are doing a proposed
development in the city of Dubuque. They did a background check on us.
I should have included that letter to you or something. You will find that
they had- and their police department by the way did check into us- and
found that we work very well in the community. We work with
community' s concerns. And they didn't have any problems from other
communities that we have been working in. If you are asking for our
selection criteria of what we do for our tenants is that we have two
selection criteria that are the main ones. And that is a criminal
background check, and we also do a credit check. If you do not meet any
or either of those criteria, we do not rent to you. Because we are in the
long term operations of this development we are trying to build a
relationship in Iowa City. And so we are not going to do anything that
would jeopardize that relationship or the neighborhood' s relationship
because in the long run that is going to end up hurting ourselves and our
reputation.
Pfab: The reason I bring that up is I am talking to a member of the public on
almost a daily basis. They are in a neighborhood where they are
concerned that once a tenant rents a unit, all of the sudden they develop an
instant family or instant friends and they come and they go and it really
causes havoc in this area. And so, I mean, I have a special concern about
that. The other question I have for you is you talk about another 30 unit in
Iowa. Can you tell us where that is?
Kelsey: Yes, that is the proposed second phase of the Walden Hills, Lot 53. And
that is another 30 units.
Kanner: I had a question for you. Dee, I agree with you and our Comprehensive
Plan that diversity is good although perhaps I don't worry so much about
clustering of low and moderate income. Perhaps I worry more about
clustering of high income rich people and we have got to look out for that.
I think that is something that we should have some concern about perhaps.
If you are going to go along with this line of questioning. Jeanne, I have
some questions about the affordability of this. How long is this slated to
be for affordable housing?
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Kelsey: We have- and I thought it was in your packet by the way, a letter
addressed to the city because questions were asked of me of the city's
support in coming to the table in order for us to apply for housing tax
credits. I responded to that letter and it was asked of me what are we
doing in order to position our application in order for it to achieve the
highest scoring possible? One of those areas that I can select is
maintaining affordability past the normal 15-year requirement. The
maximum amount of years that you can select past that 15 years is 35
years. We are selecting 35 years past the affordability, so this property
will be affordable for 50 years within your community.
Kanner: Fifty years? And one of the criteria for using this funding is that this is
last piece funding. It is my understanding that this is not your last piece of
funding. That you still have other pieces to put into place. I wonder if
you could address that.
Kelsey: My understanding is that the commitment of you putting in the affordable
housing program funds will be based upon a contingency that I have my
other funding. So it ultimately will be the last piece of funding. You will
not be giving me the funds upfront to be able to do- which I have
designated you can use them for hard construction or purchasing of the
property- I will not be using them for those until I have my other funding
upfront.
Kanner: What does this work out for a subsidy in dollar amounts- the interest
savings that we get with three percent as opposed to let's say nine percent
at 30 years or whatever? That we get for a bank loan?
Kelsey: It really comes down to that I need your support in order to leverage the
home funds from the state. I ultimately- if I don't have your support of at
least this amount because their requirement is that for every $1 you put in
they will put in three dollars. And I need more of their subsidy for
assistance on this development. And so that is why I need over $600,000-
any $660,000 and I am asking $225,000 from you so that I can leverage
the home funds with your involvement.
Kanner: But what is- we are going to be giving you a break on interest as a
proposal. So what does that work out to in actual dollar amounts that you
are going to save as opposed to a conventional loan?
Kelsey: Over the 10 years? I did not calculate that.
Kanner: Steve, do you know?
Kelsey: About $100,000.
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Kanner: $100,0007 And so to do the arithmetic for 30 units, how much is that per
unit that is-
Lehman: $30,000.
Kanner: $30,000 per unit?
Karr: No, from 30 units? A subsidy for that would be $3000. You are right.
Kanner: Is that pretty standard for programs that receive home or CDBG?
Nasby: The one project she was referring to earlier, the Senior Housing Project,
they got Home Award and I believe that was 20 years at 1%. So, she is
looking at three years and a 10 year repayment schedule.
Kanner: And is that $3300 per unit something that is fairly common in subsidizing?
That we give out for money?
Nasby: That is actually just- with those numbers- the interest rate they are getting
is not as high as some of the other ones we have done. Is it relative? It is
within the ballpark and actually it is not as good a deal as we have given
others. But that is a different funding source with different guidelines.
Wilbum: Steve, while you are up there, does HUD give any guidelines [or] any
suggestions about spreading housing out in the community? I am not- I
live on- let me go ahead ask that before I go on.
Nasby: No.
Wilbum: (Can't hear), you have the concern about density and I guess I really don't
see this as a concentration. I live on a street with duplexes and there are
15 duplexes easy on the street that I live on. And so, looking at the
configuration, I guess this project aside, I think we do need to have the
discussion of what our expectations are because like I said, I don't- this
doesn't seem like that big of a project to me.
Nasby: The commission discussed that briefly and Jayne is here so if you have
questions on that from the commission' s standpoint, she might be able to
answer them.
Wilburn: What was the flavor of that discussion?
Moraski: I happen to live in Village Green and Bill Stewart lives- I guess I
shouldn't say where everyone lives- lives right by this and both of us
supported this project. We supported the project based on the broader area
of the noaheast side, not having a concentration of housing like this. I
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would say that this would be a welcome addition of diversky to that
neighborhood. It is the opposite of what some people have been saying.
And I know that I don't live right in Village Green South but I whole-
heartedly support this program and I think it is a wonderful project. And
there are two of us who live quite near it who supported it. And of course,
I can only speak for both of us and not the neighbors.
Champion: Did you take into account the trailer park that is there as part of the
concentration of-?
Moraski: Yes, I am also an appraiser in Iowa City and have done work on Village
Green and Village Green South and have not found that to be a negative
influence in any way. All of the houses there are selling quite nicely and I
bought one there. And so I don't think that that is a negative thing if you
consider the concentration as a whole. And that is also not subsidized
housing and that is what you are discussing.
Champion: I am one that really favors economic diversity in housing.
Moraski: I think this would be promoting that.
Champion: Both extremes of the income level, Steven.
Kanner: Good.
Wilburn: One of the things on the southeast side when the Friends of Wetherby
Neighborhood Association formed that many people talked about was
enjoying the mix of duplexes and homes in the area. So, again, I am
drawing from my own experience. This doesn't really seem like- density
isn't a big concern of mine is the bottom line.
Moraski: It is consistent with the homes in the neighborhood, which has also been a
concern. The plans of what it is going to look like will be quite similar
and it won't stand out in terms of just sheer looks either.
Champion: I thought the development looked terrific on paper.
Lehman: Irvin?
Pfab: I think the density and the way it fits into the community is just absolutely
marvelous. I mean, that is the best part of the whole operation I do
believe. And as far as being concerned about over concentration, I don't
see that as a problem. But I really like the idea where there is a lot of
common ground and common space- I don't know if that is the right word.
But I have another question that maybe they can answer. Does this project
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have other tax advantages to investors other than these funds that are
going into this? Low income or whatever you might have?
Kelsey: The investors when they invest in the housing tax credits also invest in the
depreciation of the property because they are the majority share holder so
that they also get the income and losses of the property as well.
Pfab: So, you talked- what was the first- how do you describe this about tax
part?
Kelsey: It is the housing tax credits that they purchase.
O'Donnell: Last night our objection was the criteria was not met. The criteria is now
met.
Lehman: It is a moot point.
O'Donnell: So we really- whatever we talk from now on is- we set forth criteria, the
criteria has now been met. So I don't know what this discussion is about.
Kanner: Well, there is an amendment on the floor.
Lehman: There is an amendment to defer this. Is there- and we did have a second
on that. Now, I do think that we need- we are going to do two things
before we vote. First of all, Jeanne, I think we need to hear from you what
deferring this would mean to you because this would be deferred at the
very earliest two weeks from tonight, which would be the first of August.
Does that- what implications does that have for this project?
Kelsey: Great implications.
Lehman: Then I think we need to hear that.
Kelsey: Okay. And basically what this does is right now- I have to also perform a
market study. We believe strongly in the market study but one of our
other threshold criteria for our housing tax credit application is to perform
a market study by a professional. We use a reputable firm that all US
lenders recognize and he comes from Denver. And so ultimately where I
am stuck right now is that I don't want to invest anymore money in Iowa
City if I am not going to feel comfortable that the city council will give us
the resolution of support and also the funds. So ultimately now I am
having a hard time making sure that this person can complete it in a timely
fashion and do the appropriate thing that he needs to do. And that is to do
a good market study.
Lehman: Thank you. Charlie, would you care to say something before we-?
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Eastham: Excuse me. Certainly, Mr. Mayor. My name is Charlie Eastham. As
president of the Greater Iowa City Housing Fellowship, as you all know, I
wrote- the director and I wrote a letter to the council recommending that
this- that the HCDC recommendation not be accepted. Mike, I know you
said that (can't hear) the issue about the loan terms not meeting the criteria
of the program have been resolved, I personally think they have not been
resolved. Because the criteria of the program states the repayment must
not exceed a 1 O-year term at 3-7% interest rates. We have interpreted that
as meaning that the program requires annual payments over a ten-year
period at a 3% compound interest rate, which would result in annual
payments of $26,071. And when we look at cash flow for- that is annual
payments for a principle amount of $225,000, which is requested here.
When we look at cash flow for a project, those annual payments would be
too high for us to consider using these program monies. The second thing
that we did not- or was not really-just part of your discussion Monday
night, was that the second criteria which I think has not been met which is
of equal importance to us is that the program says that the funding must be
the last financial component needed. And the applicant has already stated
that this is not the last financial component needed. They have two others
to go yet- funds from the state for home funds as well as award of the low
income housing tax credit. And we look at that criteria and we say the
same thing. We can't use this program because we never develop a
project where the local contribution, the local support, is the last financial
component needed. It is always the first component needed. So, we
would say the criteria that are published would not encourage us or would
make us conclude as a reasonable person that we would not be able to use
these program monies for affordable housing rental development. And
that the HCDC recommendation still is not following those criteria. So we
would still urge you to send this back to HCDC and have them look at
their criteria and make it available for all rental housing developers. And
we would then- if we had a chance to use this money we would come in
with a project that would be significantly different then this. And I think
meet some of you concerns about units in one place and a lot of other
things too. Thanks.
Kanner: Charles? I didn't understand the first part that you said about meeting the
criteria. Could you just briefly restate that?
Eastham: A second criteria for the affordable housing funding pool program is that
the funding must be the last financial component needed.
Kanner: No, no, not that. The one before about the interest-
Eastham: Oh, about the loan repayment?
(several talking)
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Kanner: I didn't understand what you were saying there.
Eastham: The statement in the program description is repayment must not exceed a
ten year term at 3-7% interest rate. And I guess we would interpret that as
meaning that the loan funds must be repaid over a ten year period at with
annual payments at a 3%- no more or at least a 3% compound interest rate.
For a principle amount of $225,000 as in this request, those annual
payment will be $26,071. And we would conclude that that- there is no
way to make a project cash flow with that kind of annual payment for this
amount of money. (can't hear) these terms.
Kanner: The project is doing what as opposed to that- those terms?
Eastham: Well, unfortunately, I think to try to do this at- you know, to try to decide
what the loan terms are at this point in time make it a little complicated
and difficult to establish exactly what repayment terms the applicant is
going to agree to.
O'Donnell: Because we don't know that.
Vanderhoef: This is what I am talking about with the guidelines that we have not
approved those guidelines at the council level and that we need to have
this conversation about the guidelines.
Kanner: Steve, do we not know what the terms are and how they are going to pay
that back over 10 years?
Nasby: Yeah, the guidelines say that it will be 3-7% interest and a repayment not
to exceed 10 years. What I believe the applicant is looking at doing is
doing an amortized loan and then making a balloon payment in that 10th
year. So they have interpreted the guidelines, as Charlie said, they have
interpreted them as a fully amortizing loan and they interpreted as they
could make a balloon payment in the 10th year and pay it off and still meet
the terms. Which do meet the terms of the guidelines. It is a difference in
interpretation.
Kanner: Not paying anything for the first-
Nasby: No, they are going to pay every year but just the final payment will be the
bulk of the repayment.
Kanner: What is the payment every year as opposed to the $26,000 that Charles-
Nasby: I ran it off for you.
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Pfab: Annual payments for the pool funds starting at $2250 and increasing only
to about $12000.
Kanner: What page-
Lehman: How long have these guidelines been in place?
Nasby: Approximately two years.
Lehman: So these have been the-
Vanderhoef: But we have not have an application before to use these funds.
Nasby: We had one other application from HACAP the first year that was
nowhere within the parameters of the guidelines. And at that point the
commission wasn't comfortable with the project and didn't want to move
forward.
Lehman: We have used these guidelines for two years. Is that correct?
Nasby: They have been in place, yes.
Lehman: I have got a little problem with us wanting to redo guidelines that have
been in place for two years when we have an application that has been
presented to us. Now, whether we agree with the guidelines- unless I
think there is some heinous problem with them which I guess I don't see- I
think it is pretty unfair to go through the process, get an applicant who has
gone to this much work and then tell them we want to review the
guidelines. I think that is unconscionable.
Vanderhoef: Except that we have two different interpretations of that guideline.
Dilkes: Let me-
Lehman: Then either of them could be correct, I think.
Dilkes: Yeah, I don't think that you are stuck (changed tapes) these guidelines.
Lehman: It would meet them under either circumstance.
Dilkes: I think you can read those as being both potential options under these
guidelines.
O'Donnell: So they are both correct?
Lehman: Yes.
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Dilkes: They both are possibilities.
Lehman: And the fact-
Vanderhoef: They are possibilities so then it would be a question of what we as a
council would approve and what our philosophy is on payback.
Dilkes: Right. Let me put it this way. When I told you yesterday I was concerned
when the commission was recommending a 1% interest rate because I
thought that was clearly outside the guidelines, I do not have that concern
with what- with the three ten issue that is being discussed.
Lehman: And because any commitment on the part of the city for funds would be
predicated on receiving the other grants effectively, the receipt of money
from the City of Iowa City would be the last funding they would receive.
Dilkes: Well, you might want to have Steve elaborate on last financial component
needed, because I frankly don't know the structure of this kind financing
well enough to know what that means. It means last somehow, I don't
know if it means last contingent on getting funding from other sources and
you don't actually get the financing until you secure that other financing.
It seems to me that if none of these types of programs can go unless you
can secure the state funding or the funding from other sources and get the
local component- or get the local component first, then I think there is a
possible interpretation that it is okay to make it contingent on securing that
other financing.
Vanderhoef: When we talk about gap financing, my picture of that at least is that you
have secured all of the funds you can in every other place and you need
this last little piece to fill.
Nasby: Yeah and it is filling a gap. I guess the question is the timing. Where is
that gap coming and because of the tax credits requiring the local
commitment first, that is part of the timing issue that we are talking about.
And the commission- yeah, the commission hasn't had to make this choice
when they discussed the project that, you know, is it the last piece? That
is why they made it contingent on getting those other funding sources.
And so they, in their opinion, I think I can say they felt that it was the last
piece.
Lehman: Well, if our conditions are contingent on receiving the other funding, then
in fact we are the last block.
Moraski: That was our interpretation. And it also has to do with the way that (can't
hear) has structured when tax credits are due this year. If you are familiar
with that at all you know that they are- they just came out with the
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regulations and it is also due within less than a month. So they have had a
time crunch and that is a long story too. But I think that we interpreted it
as this is the last piece because we made it contingent upon them getting
the tax credits first. And the tax credits- they haven't even been available
yet so it was all contingent.
Lehman: All right folks, let's do this-
Vanderhoef: I want to ask one more question. Was there any conversation at the
commission about this balloon vs. the other small payment, large payment
and so forth?
Moraski: We had significant discussion and we had some concern about it and I
think we interpreted that the project met so much of the criteria that we
were looking for in providing affordable housing we thought it was an
excellent project and we were looking for ways- frankly, we want to fund
this. We think it is a good project. And now that it meets the guidelines
even more fully, I support it even more. And I would note- although I
respect the work that Greater Iowa City does in this neighborhood
tremendously, they are also direct competitors for this money. I don't
know if that is something I should mention but that is something to
consider in where their motivation is today. But we think that as a
commission, all of us voting unanimously to support this project.
Lehman: All right, let's do one thing first. The motion on the floor is to defer this
for two weeks. Is there any more discussion on the motion to defer it?
This is-
Karr: Is it for two weeks? I am sorry-
Vanderhoef: That is okay if we can have our work meeting on it in two weeks.
Lehman: Any more than a two week delay effectively killing it.
Vanderhoef: I understand that and I would be happy to do it in two weeks. I would put
that on the-
Lehman: All right. And I think we have to realize that if we delay this for two
weeks, it may effectively kill it anyway. Is there-
Champion: Well, I am going- can I- I think I am going to withdraw my second
because I really feel that they have met the criteria that we objected to last
night and I do think we should have the discussion that Dee wants but I
don't think this project should be continued on that discussion.
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Lehman: All right, is there someone else who would choose to second the motion to
defer?
Pfab: Well, okay, I guess I would ask- the question I would ask-
Lehman: I am asking for a second. Do you second the motion to defer?
Pfab: Well, what does- will defer kill it?
Lehman: It could.
Pfab: The probability percentage wise is-?
Kanner: Irvin why don't you second so you can have discussion?
Pfab: Okay, second.
Lehman: We have a second to defer. Discussion on the deferral only. This means
talking only about the two week delay. Is there discussion? All in favor
of the motion to defer?
Pfab: I think he had a question.
O'Donnell: No, no I don't.
Lehman: Anyone going to vote on the motion to defer?
Vanderhoef: Yes.
Lehman: All opposed say "aye".
All except Vanderhoef: Aye.
Lehman: The motion is defeated 1-6. Now, we are working on the original motion
which would be to approve this resolution for $175,000 in funding so any
other questions are or discussion is still appropriate.
O'Donnell: We had better say something Ernie. We set forth criteria and I am still not
sure where we are and I am not sure anybody up here is. They both have
fairly different interpretations and that is what I am hearing. And you are
both right apparently. You know, I am told tonight the criteria has been
met and still we have- Steve, you are saying that they both are technically
right?
Nasby: Yeah.
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O'Donnell: Then we need to do some work.
Lehman: It would seem to me that a reasonable person could interpret the criteria in
either fashion. So I don't- I think that they have met the criteria.
Dilkes: You either interpret them in two different fashions or say that both of
those are options under the criteria.
Wilbum: Right. In which case then the Greater Iowa City Housing Fellowship and
any other organization realizes that they can apply for this funding in the
future for some other development.
Vanderhoef: But that is the interpretation-
O'Donnell: But they are also technically right on this one Ross.
Vanderhoef: -then we have a question.
Wilbum: And they can go- if we accept both then they understand- they have an
understanding on what criteria are accepted.
Vanderhoef: But that would only be for future-
Dilkes: I think it at least raises a question that would be asked by a reasonable
applicant.
Vanderhoef: Okay, and for me there is a philosophy on payback and I need to have
more financial help in looking at this. But the philosophy to me is when
we put up into this pool $200,000 from our General Fund, we are looking
at tuming this over and making it available for more project. So when we
talk about payback primarily at the end of the ten years, that is ten years
that we don't have that money turning over as rapidly as with the other
interpretation.
Dilkes: Right, and Dee that is certainly you call.
Vanderhoef: I understand that.
Dilkes: I mean, that is council's call if they choose to say that is not an acceptable
term to us on that basis, we are going to deny the funding.
Vanderhoef: Right.
Lehman: Charlie, do you another comment?
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Eastham: I hate to disagree with Eleanor but we have read these criteria before and I
don't think they are, for a reasonable developer, I don't think there is any
real doubt about what they actually meant. The funding from this program
from this source had to be the last source. That means you had to get your
other sources committed first. And not contingently, but committed first.
And the loan payments had to be annual payments over a ten-year period
at 3% compound interest. I just don't think there is that much question in
the language. And if we had interpreted it as did the applicant we would
have applied for this money and we would like to be competitors for this
money. Jayne is right. We are competitors and we would like to compete
for this money.
Dilkes: What I don't understand though is if that is the interpretation, and you are
correct that no affordable housing project can fly with those terms, then
why does that make any sense?
Eastham: I didn't write the terms. And I have never- frankly, I have never
understood the terms. They did not make sense to me. But that is what
they were.
Dennis: I am Mary Ann Dennis and I work for Greater Iowa City Housing
Fellowship. I think the criteria for the last piece of financing for the
projects is a criteria for the affordable housing funding pool money, not
the City of Iowa City Home Funds or CDBG funds. So you can get home
funds from the City of Iowa City that would be an initial piece that would
count as the local contribution that would let them leverage the state home
funds. That is my understanding. Okay. The last piece of financing is for
the affordable housing funding pool. Those aren't the City of Iowa City
funds. The city Home Funds are federal funds that are passed through this
community made available for the development of affordable housing.
Those can be the first piece. This project is getting two pieces of funding
from this community.
Pfab: Mary Ann, I have a question and that is this- did the people- whatever-
what is your first name? Jeanne? Were they able to find a way through
this maze that maybe we as local people didn't see?
Lehman: Well, Irvin, why don't you ask Jeanne then?
Pfab: No, no, no. In the sense that yes, I don't see anything legally wrong and to
go to her point-
Dennis: No, we have developed affordable rental housing with the City of Iowa
City Home Funds, which is a federal source of funding that is passed
through this community. We have never applied for funding from the
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affordable housing funding pool because we- because of the interpretation
that we made for the criteria for that pot of money.
Pfab: But apparently they-
Dennis: The home funds is- they are a different criteria.
Pfab: But it looks to me like maybe they found a way through the maze that you
weren't aware of. And maybe it opens up new possibilities for all of us.
Dennis: Correct. Especially if you change the guidelines.
Pfab: Well, the only problem- it looks to me like the biggest problem right now
is the fact is the payback of the funds from the city over ten years and how
you- how over the ten years- but if it is not stated and these people say and
Eleanor says it could be either or and they both would be correct, I think
maybe we have to say these people maybe found something- they figured
out to tie the big knot.
Dennis: Well- but, with the debt service that the project is carrying now they have
to be able to repay the debt. That is one of the first considerations. They
can't raise the rents. So, you know, a balloon I think- I mean, I don't
know Irvin, I don't know- I think that is- I don't think that is an
unreasonable structure for the financing. And again, you know, obviously
as a non profit affordable housing developer we are in competition for
these funds. I really think our concern is a process issue here and not-
because we didn't come in this year and apply and it was not specifically
because of these criteria. But, you know, just if I could clear that up. It is
an issue of the process.
Kanner: Mary Ann? Aside from the process, to me, one of the bottom lines is: is it
affordable and do you think if you had the same terms could you get a
much better deal for people who are renting? Do you feel the project that
is put out there is affordable housing? That is the first part.
Dennis: Yes.
Kanner: Do you think if you had the same terms that this development company
had that you could make it even more affordable?
Dennis: I don't know. I would have to-
Kanner: Just off the top of your head?
Dennis: Well, we are non-profit. So we have no income tax liability.
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Kanner: Okay. Thank you.
Lehman: Let me just suggest a couple of things. First of all, this housing pool was
set up with money from the General Fund because affordable housing was
perceived as a cause within this community that was worthy of public
money. And a previous council decided and I think this council probably
agreed, that this is appropriate use of public funds to a limited degree to
help provide assisted housing for lower income housing. I think that is a
given. We did that. We are looking at a project that gives us thirty units
of affordable housing. That is pretty simple. I don't think there is any
question about that. I think from my perspective they have kind of twisted
the rules- I shouldn't say "twisted", that is a bad word. They have
interpreted the regulations in a way that would not- that would not have
occurred to me. But I don't think that there is anything improper in the
way they have interpreted the rules. Our question is- I think two things
and I do share some of the same concems that Dee has as far as number of
units in one location. However, that wasn't one of the criteria. They have
met the criteria, I believe, from my perspective. I think a reasonable
person could say that they have met those criteria. If we believe this is a
worthwhile project to use the money that we have allocated for affordable
housing and we feel the payback and whatever- the terms can be- we can
say that they have met those terms technically and I think they have- then
it behooves us to go ahead and approve it. If we don't believe in the
project and we don't think that this is appropriate for whatever reason,
then we should deny it. But if we are going to deny this thing based on the
number of units we should have discussed that before it ever came to us.
We should not have allowed that discussion to continue and reach this
point where an application has been made and then sit down and say, well,
we are going to reevaluate the rules. One more little round of discussion
and we are going to vote on this.
Wilburn: I question for staff. When you saw this component about the financing,
what direction and what comment did you give to the applicant?
Nasby: When the proposal first came in?
Wilburn: Yeah.
Nasby: We talked about the guidelines before they submitted it. And going with
what their private lender was allowing them to do at that point in time, it
was fairly clear that those guidelines were going to be very difficult for
them. So they proposed something that would work. And I said you can
take it to the commission and the commission can talk about it and
ultimately the council will have a decision. So that is what- they made
that proposal with the one percent and the twenty year repayment term,
which is not overly uncommon with some of the public funds that we deal
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with. So we left it up to the commission you appointed and you as the
council to make the ultimate decision of whether you wanted to pass it on
those terms or not. Now we have had a lot of discussion about the terms
and their bringing it within those guidelines.
Lehman: Other discussion?
Dilkes: Can I just say one thing Ernie? I want to make sure a couple of things are
clear. Number one, when a commission puts guidelines in place they
should follow them. That is a due process equity issue. And number two,
when something is going to come to the council for approval, I think it is
appropriate to have the guidelines that are in place for the program to be
approved by council so that everybody is on the page before we get the
applications.
Lehman: Other discussion?
Moraski: I would just like add support for what you have said Mayor Lehman, that
we would like to discuss that process with you and I do think that Mary
Ann is fight that that process is important. But that it would be wrong, in
my mind, to deny this particular project based on our inability or our lack
of preparation because of some issue that has come up- I am not saying it
right. But you said it well, so.
Lehman: I can assure you we will be discussing this whether we pass this or not.
Moraski: Great, I look forward to it.
Eastham: Excuse me Ernie. After this $175,000, I believe, of local money is
committed to this project there is no commitment on the part of this
council to replenish that amount. So this money, this affordable housing
funding pool money, is going to disappear until it is repaid ten years from
now.
Lehman: Steve, do you have a comment on that?
Nasby: That is not exactly correct. The affordable housing funding pool money is
a piece of the Home Match that we are required to submit for our home
program and it is budgeted for $150,000, I believe, in the next budget
cycle. So there is money budgeted for this. So it is not that we will
deplete the fund. So that is inaccurate.
Eastham: So the funding pool money will continue? Okay, we then definitely want
a set of criteria that a reasonable developer can interpret so that we can
compete for that money. And we would like to start that, you know, in the
next fiscal year.
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O'Donnell: I agree with you.
Lehman: Roll call.
Champion: I just wanted to make a comment. You didn't allow me to speak.
Lehman: You were the only one who hasn't. Please do.
Champion: Well, we may not like the process that this whole thing went through but I
will tell you that I think we are all in favor of the affordable housing. And
this is just going to clear some things up and when we start something new
these funds are new- there are mistakes. Things don't always run as
smoothly as you would like. But I think we have made it clear these funds
will continue and now everybody can have a piece of the cake and we will
get more affordable housing and let's get on with it.
Lehman: Okay, now roll call. Motion passes 6-1, Vanderhoefvoting "no". Steve, I
think it- I am sure it is very clear to both you and the commission that we
need to go over these rules so that everybody understands the same thing.
I think it is unfortunate that this sort of thing occurred because I think Dee
has some very- some concems I think that are shared by the rest of the
council. It just seems inappropriate to me to address those concerns after a
project has been proposed and passed by the commission. So, we need to
work on those.
Nasby: And I appreciate Connie's comment. This is a new program and it is the
first time through it so there are going to be some growing pains. The
discussion on the concentration, if we can have that fairly soon-
Lehman: Well, and I also think we do need to discuss the terms. What one percent-
three to seven percent and over ten years- is this one payment after ten
years? Could be.
Nasby: They are going to do an amortized loan so they will be making annual
payments.
Lehman: I am just saying-
Nasby: Yes, we will discuss those terms.
Lehman: -we need to specifically say what it is so we don't have this confusion.
Nasby: Absolutely.
Lehman: All right. Thank you very much.
Nasby: Thank you.
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ITEM NO. 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND PATHNET TO USE
A PORTION OF CITY STREETS RIGHTS-OF-WAY FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF A
FIBER OPTIC NETWORK.
Champion: Move adoption.
Lehman: Moved by Champion.
Vanderhoef: Second.
Lehman: Seconded by Vanderhoef. Discussion?
Pfab: I suggest that if they use and repair and lay more lines they lay some city
lines alongside of them.
Lehman: I don't think that is part of the resolution, Irvin. Any other discussion?
Vanderhoef: I would just like to comment that I see the abandonment clause in there
which I appreciate.
Dilkes: That was in the last one.
Lehman: Okay, roll call. Motion carries.
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ITEM NO. 14. CONSIDER A RESOLUTION TEMPORARILY CLOSING A
PORTION OF MADISON STREET RIGHT-OF-WAY AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA.
Pfab: Move the resolution.
Lehman: Moved by Pfab.
Vanderhoef: Second.
Lehman: Seconded by Vanderhoef. Discussion?
Champion: The only thing I want to ask and I don't ordinarily even question these
fight-of-way things, but are the other downtown streets going to be open
by then7 It is not easy to get around downtown Iowa City fight now.
Kanner: I was going to ask that also.
Champion: Especially with the accident on the comer this morning.
Fosse: This one is a little bit-
Kanner: Also in regards to number 15, too, please. The same question I had. The
next piece.
Fosse: On item 14 that one is a little bit removed from the downtown area. It is
on down the hill.
Champion: It is on Madison? I don't consider that removed.
Lehman: Down the hill two blocks from downtown.
Fosse: That, and this one in a sense is already under way. It has slipped through
some earlier-
Champion: Oh, I didn't even notice that. Okay. Now we caught you. I guess it is out
of the way.
Fosse: The second one is fight across the street over at the Centennial Building.
Right now the sidewalk along Gilbert Street is closed and that will be
reconstructed as a part of this one. And we are working our way up Iowa
Avenue with the other projects. So there will be a lot of congestion in the
area. There is no question about that. This is a part of the project that the
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Centennial Building has had in the works and under contract for some
time. Now they are getting to the exterior portion.
Kanner: So this is coordinated with all of the Iowa streetscape planning?
Fosse: Right. In fact, part of what they will be doing under this is completing
some of the restoration that we did from putting in the Beer Creek Storm
Sewer that was constructed earlier this year. It just made more sense to
roll that into their contract than ours.
Lehman: Thank you Rick. Roll call. Motion carries.
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ITEM NO. 16. CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING
THE DIRECTOR OF PUBLIC WORKS TO ACT ON THE CITY'S
BEHALF IN EXECUTING AGREEMENTS FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY.
Champion: Move adoption.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by Vanderhoef. What did we just move?
Vanderhoef: 16.
Lehman: I know that, but this is-
Dilkes: What this would do is authorize the Director of Public Works to sign
agreements for temporary use of the right-of-way. The two that you just
approved, for instance. It wouldn't allow approval of agreements by
utilities to use the fight-of-way. But fences, retaining walls-
Lehman: Just give him a blank check right?
Dilkes: -closing of streets for construction. That kind of thing. I think there is a
couple of reasons for this. One, you almost always follow the- your
recommendation comes from Public Works. And second, we often have
timing issues with these because we can't- because of the council's
schedule.
Champion: I think it is a really good idea.
Lehman: It is a wonderful idea. Roll call. I am sorry. Irvin?
Pfab: One more comment. Does that- if people don't do what they say they are
going to do in these agreements, do we have to wait till they move out
before we try to catch them?
Lehman: I don't know what you are talking about Irvin.
Pfab: Like what happened down here- we give the person the fight to sign it but
does that also allow enforcement of whatever rights we give them if they
abuse it?
Lehman: I am sure it does.
Dilkes: I don't see that as a problem.
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Lehman: Further discussion? Roll call. I am sorry. Steven, go ahead.
Kanner: Ernie, no- I had something. I realize that we mostly do rubber stamp it but
I think that we should keep it city council giving final approval to keep the
public a bit more informed because this is publicized more. We did have
someone come to us a few meetings ago about issues of being disabled
and getting around and this is a way to publicize these changes that are
going in effect in the city. So I would- I think I will vote "no" on this.
Not because I don't trust the Director, but I think that the publicity issue is
worth it-
Lehman: This includes moving dumpsters. You want to get that in the paper and
act on it as a council person- want the council to act on moving a
dumpster?
Kanner: Well, what we already do I think we should continue to do that.
Lehman: I think we will on closing streets and whatever. This enables the city to
operate a little more efficiently.
Kanner: Not necessarily.
Dilkes: It would include the closing of streets but one thing to remember is I think
we almost always do press releases on those don't we?
Kanner: Yeah, I realize we do and I think this is just another way to help get the
word out.
Lehman: Okay. Other discussion? Roll call. Motion carries 6-1, Kanner voting
"no".
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ITEM NO. 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND MERCY IOWA
CITY TO USE A PORTION OF THE JOHNSON STREET RIGHT-
OF-WAY FOR THE INSTALLATION, OPERATION AND
MAINTENANCE OF AN ELECTRICAL DUCT BANK.
Vanderhoef.' Move adoption.
O'Donnell: Move adoption.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion?
Champion: This is one we wouldn't have to vote on.
O'Donnell: We are in favor of this.
Dilkes: Right.
Lehman: Roll call. Motion carries.
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ITEM NO. 18. CONSIDER A RESOLUTION AUTHORIZING THE
ACQUISTION OF PROPERTY INTERESTS FOR
CONSTRUCTION OF THE MORMON TREK IMPROVEMENTS-
MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD
PROJECT.
Vanderhoef: Move adoption.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? This is the
first step in the Mormon Trek project that will be taking place over the
next couple of years.
Pfab: That brings up a question. Why- apparently there was some very serious
jolts in the cost of this project.
Lehman: This is-
Pfab: I know- I understand that. But this might be a time to bring that up. Now,
what happened?
Lehman: Yeah, but Irvin, this is only on right-of-way. Let's discuss that- this is
only authorization to acquire right-of-way for our portion of the project.
The other issue I don't think we have information on yet.
Pfab: Apparently we do.
Kanner: Are you saying this project is increasing dramatically beyond what we
initially estimated.
Pfab: About a million and half dollars and maybe more.
Vanderhoef: This is only for south of the bridge.
Pfab: The bridge is the problem- or not the bridge, it is the (can't hear) is the
problem.
Champion: Right.
Vanderhoef: And this is only for south of that.
Lehman: This is for the area- the property acquisition from the railroad to Melrose
Avenue. Is that correct?
Vanderhoef: Yes.
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Atkins: Melrose Avenue to (can't hear).
Pfab: It wasn't totally germane but it did bring up a chance to ask a question.
Lehman: Rick, is this only for the property between the railroad and Melrose
Avenue?
Fosse: That is right and a little bit south of Melrose Avenue. This does not
include the railroad (can't hear) project. That is an independent project
that is being managed by Coralville.
Pfab: But the (can't hear) problem or the railroad part of it does have an
interesting chokehold on it.
Lehman: Could have.
Pfab: It will change the project very considerably either cost or the ability to
move traffic through.
Fosse: If that project does not move ahead you will have opportunities in the
future to not move ahead with this project if you choose. If that is your
concern.
Lehman: Right.
Champion: I think eventually they will have to resolve that problem. I just can't
imagine-
Atkins: I think you are talking about the problem but not saying the problem. The
overpass- the budget for the overpass which is managed by the City of
Coralville came in substantially over estimate. It is now up to the City of
Coralville to work to see what adjustments they are going to make with
respect to that overpass. We have not changed our financial commitment
to the project. It remains the same. Now, could they come back and make
a request of you? Absolutely.
Pfab: If they chose not to open that up that changes that whole- the viability of
that project considerably.
Atkins: I suspect it will.
O'Donnell: But then we will have an opportunity not to follow through.
Champion: To back off.
Pfab: We will have a four lane up to a six lane-
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Lehman: No, no. This doesn't authorize putting in a four lane. Other discussion?
Atkins: I think we need to point out Rick, that Mormon Trek if you will recall, is a
University road.
Lehman: Right, I know.
Atkins: Okay, so the acquisition of property along Mormon Trek is not a
particularly difficult process.
Lehman: Being how we are parmers in the process.
Fosse: We do have some acquisition south of that intersection though, because
the south leg of the intersection needs an additional lane.
Lehman: A tum lane?
Fosse: Yes.
Lehman: Roll call. Motion carries 6-1, Kanner voting "no".
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ITEM NO. 19. CONSIDER A RESOLUTION APPROVING TItE DESIGN OF
THE EXTERIOR AWNING TO THE WHITEWAY 2000
APARTMENT BUILDING AT 212 S CLINTON STREET.
O'Donnell: So moved.
Champion: Second.
Lehman: Moved by O'Donnell, seconded by Champion. Discussion?
O'Donnell: Looks fantastic.
Champion: It does.
Lehman: Roll call. Motion carries 7-0.
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ITEM NO. 20. CONSIDER A RESOLUTION AWARDING THE CONTRACT
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST CONTRACT FOR THE CIVIC CENTER lIE-
ROOF PHASE II PROJECT.
Lehman: We have received five bids ranging from $146,750 to $261,174.
Engineer's estimate was $185,000. The recommendation is to accept the
low bid of $146,750 from Academy Roofing Company of Ankeny Iowa.
O'Donnell: So moved.
Pfab: Move the resolution.
Lehman: Moved by O'Donnell, seconded by Pfab. Discussion?
Kanner: How many phases are in this Steve?
Atkins: Do you know Rick? I think this is just one phase. This is one project.
Fosse: Right, there were sub phases of-
Kanner: How many total phases are there?
Fosse: This is it. This finishes.
Atkins: How many have we had? This is our third project?
Fosse: I think that the first project was split in two parts.
Lehman: The first phase had two phases.
Kanner: So no more phases on the roof?.
Atkins: Yeah. When this is finished hopefully we will never see another roof
project in this building. Hopefully.
Lehman: Okay, discussion? Roll call.
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ITEM NO. 21. CONSIDER A RESOLUTION AMENDING THE BUDGETED
POSITIONS IN THE HOUSING AUTHORITY DIVISION OF THE
HOUSING AND INSPECTION SERVICES DEPARTMENT AND
THE AFSCME PAY PLAN.
Champion: Consider- move adoption of the resolution.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by Vanderhoef. Discussion?
Pfab: I just have a question. Apparently the city, the staff or the city and the
unions are in complete agreement at this point?
Atkins: We have a classification committee made up of equal members of-
Lehman: And everybody is agreeing?
Atkins: They have recommended it, yes. I don't know whether they all agreed but
they did recommend it as a committee.
Lehman: Further discussion? Roll call. Motion carries.
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ITEM NO. 22. CONSIDER A RESOLUTION AMENDING THE BUDGETED
POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC
WORKS DEPARTMENT AND THE ADMINISTRATIVE PAY
PLAN BY DELETING ONE CITY ARCHITECT/ENERGY
COORDINATOR POSITION AND ADDING ONE
ARCHITECTURAL SERVICES COORDINATOR POSITION.
O'Donnell: So moved.
Lehman: Moved by O'Donnell.
Pfab: Second.
Lehman: Seconded by Pfab.
Vanderhoef: I have a question here, probably Rick can answer. When we don't have a
registered architect then what is the process and how- I am presuming we
have to have that signed by an architect so I am presuming we have to go
to an outside architect to do this?
Fosse: That is correct. There are certain things that I will be able to certify as an
engineer. Other things will need to be certified by an architect. And so
we will be- some call it sub-consulting- for more services under this
arrangement than we previously did.
Vanderhoef: Okay. So if that is the case, what do you see as added expense to the total
when we can't have an in-house one?
Fosse: That is a tough thing to put a figure on because it all depends on the
projects that come up in the next couple of years. We see this as a short
term thing that we will be reverting back to the original configuration in a
few years when the market conditions change and hopefully we will be
able to find an architect.
Champion: But have you thought about- and it is probably too late to ask you this- but
instead of hiring outside architects and adding one architectural service
coordinator position why not raise the salary enough to get an architect to
apply?
Atkins: We are not adding. We are doing away with one and replacing it.
Champion: Oh.
Atkins: It is not- it is new in the sense that it is a new job title Connie, but the
other position goes away.
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Champion: And so the job would be scaled down?
Atkins: Yes, that is right. And I also want to-
Vanderho ef: But you may have a point Connie in that-
Champion: Outside services can be expensive.
Vanderhoef: Well, and I know you have to look at your entire budget on how you are
hiring in here but if that is what the market is demanding is a higher pay,
would it still be more economical to raise the salary- I don't know whether
you would get more applicants.
Fosse: We considered that but I think given the situation with some of the in-
house talent that we have right now, this is a good arrangement for us.
Champion: Maybe you'll keep tabs of it for awhile and see-
Lehman: And this is why you are recommending it right? You have looked at the
options?
Atkins: Before you get away from the microphone- it does not mention that the
energy coordinating responsibilities will also rest with this position. That
policy is not going away. It just doesn't show up in this job title. It is still
expected to be part of the responsibilities.
Vanderhoefi So it is part of the job description?
Atkins: As you know, we have spent loads of time and effort and have been very
successful in our energy policies. And they have become institutionalized
within our operations. We are not going to ignore that.
Pfab: Does this indicate that you are still looking to fill this position?
Fosse: No.
Pfab: So this is the end? So then it- okay, this is considered a temporary change
that will be reversed as time as favorable candidates may be available.
That would indicate that you would still be looking.
Fosse: The intent of that statement is that in 18 months or two years- around
there- we might be in a position to go back to the arrangement as it exists
today.
Champion: Terrific.
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O'Donnell: Down the road.
Lehman: When market conditions are more favorable?
Fosse: Right.
Atkins: You know folks, there are a number of positions that we have- for
example, we still have not replaced Doug Ripley's position as our traffic
engineering planner. We simply can't find candidates.
Champion: We are not the only hiring body.
Atkins: And we just recently hired our new Information Technology person. And
it took forever it seemed like to find folks. It is just a tough job market
and we are out there competing with a lot of private folks who can offer a
lot of things we can't.
Champion: That is fight.
Kanner: I would like to offer an amendment to this that we keep the energy
coordinator title in it. I will tell you why- I think it is important even
though- I was talking to Steve earlier- some of these job duties have been
institutionalized and our city is doing a good job of trying to get energy
savings wherever possible. I think there is a lot more out there that can be
done and it is coming up in the future and even more important, I think,
the reason is that the public sees that we are doing this. That we have
someone that is helping to coordinate and lead the way. And I think this
title would be important to keep. So I would propose that we accept
everything else but we keep the title as architectural services coordinator
and as architectural and energy service coordinator.
Champion: I don't have any objections to that.
Atkins: We have no trouble with that.
Pfab: Does that create any problems?
Atkins: No.
Fosse: It is in the job description.
Lehman: That was the way the motion was made. A second to that?
Pfab: Second.
Lehman: Who made the motion?
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Karr: Kanner. (can't hear) O'Donnell, Pfab.
Kanner: The amendment?
Lehman: That is the way they made it in the first place. It had energy kept in it.
Champion: Right.
Dilkes: Is that correct? O'Donnell and Pfab?
Lehman: Is that correct?
O'Donnell: That is correct Irvin. Roll call. Motion carries.
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ITEM NO. 23. CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF
PENDING LITIGATION.
Champion: Consider adoption of the resolution.
Pfab: Second.
Lehman: Moved by Champion, seconded by Pfab. Discussion? This was an out of
court settlement on a $293,000 suit for which the city has settled for
$120,000. Roll call. Motion carries.
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ITEM NO. 27. CITY COUNCIL INFORMATION.
Lehman: Steven?
Kanner: Okay. First I would like to note the death of Else Chaney. She died of
Cancer recently. She was an Iowa City resident. And I knew her as an
acquaintance as a kind and a good person who had a high sense of concem
for our society. She worked recently in Central and South America with
low income household workers and doing studies in that part of the area.
And I will miss Elsa and it is sad to see her pass on. And I also want to
mention that we had a letter from United Action for Youth about their
outreach program. It was partially in response to talk that we had about
the need for increased police presence on the Ped Mall. And one of the
solutions that was mentioned was to increase participation of groups like
UAY. They are doing a good job, they are out there, and I want to thank
them for what they are doing and how they are working with the
community. I think that is the type of program we need to support and
expand in many different areas. Because I think it is effective. I would
like to hear further reports on how effective it is and see if we can't
expand it in other areas on the Ped Mall and in other parts of town where
we might be having trouble. And I wanted to mention that there was a
note from our City Manager saying that there wasn't a need at this time for
a committee or commission dealing with issues of disability and
accessibility. And I agree in part with that but I would like to say that
there is room for compromise and I think that the city can do more in
working for advocates for people with disabilities such as the Johnson
County Coalition for People with Disabilities or Everett Connor Center.
And I hope we will continue to work on this project and not cut out the
idea entirely. There are people that talk about having problems with
sidewalks in the wintertime and navigating the streets where there is
construction and playground equipment. And I think there is a lot of need
to get that kind of insightful advice that people who work on these issue
all the time and in fact are disabled also are intimately involved with. And
so hopefully we can work out something as a council that gets a little more
oomph in that area. And then finally I wanted to announce an event that is
happening not directly connected with the An~ericans with Disabilities Act
but connected none the less. Disabilities Awareness Day is happening.
This is about the fifth annual event. It is going to be Saturday July 22.
And it is put on by Bob Finch and sponsored in part by the Downtown
Association with some support from the City of Iowa City. And it is done
in the spirit of awareness, acceptance and unity. And many of you have
seen Bob Finch down on the Ped Mall. A great person to talk to and he is
an old rock and roller and he is having this in the spirit that we all have
certain abilities that we should recognize. So I hope you will come out
and that is going to be again Saturday July 22, 6-10 PM instead of the
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meeting of July 18, 2000.
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usual jazz concert with Jennifer Danielson, Mary Talcott and others.
Thanks.
Lehman: Ross?
Wilbum: Nothing tonight.
Lehman: Dee?
Vanderhoef: Just one thing. I had an email this afternoon from the Iowa City Science
Center and they have been asked by the Palentological Institute from the
Russian Academy of Science to extend the Great Mammoth Exhibition
until the middle of November which I think is a very large honor that they
chose to want to stay in Iowa City for an extra long time. And it gives us
another opportunity for more people to see it and there will be a lot of
school children seeing it this fall.
Lehman: Mike?
O'Donnell: I have just one thing. The ADA parade is this weekend at 10:00. It starts
at the Civic Center (changed tapes) a very trying thing tonight with two
different interpretations and they were all right. And we need to make that
more clear. That is all I have.
Lehman: Connie?
Champion: I just want to congratulate the city on finally taking my advice and having
some police in the Ped Mall.
Lehman: Thank you Connie.
O'Donnell: What an idea.
Lehman: Irvin?
Pfab: I don't want to rain on her parade until it is finished. I want to draw
attention to the great work that the city is doing with its website sign- Surf
the City- the sign that is up over Steve Atkins desk there. And this is
something that is really, I think, a great outreach for the city. I use it an
awful lot and I can see where a lot of people can get a lot of use out of it.
And I think that maybe a special word of thanks to the webmaster might
be in order. And then also I have one other concem. I am getting calls
from people down in the area of south of Wetherby Park area there. And
there seems to be a number of school children that are out running around
and really kind of disturbing the neighbors. It is not that they are evil kids
but they are ambitious and mischievous. I would like to see whatever can
This represents only a reasonably accurate transcription of the Iowa City council
meeting of July 18, 2000.
#27 Page 67
be done to help channel that energy to things that make the people in that
area more comfortable. That is it.
Lehman: Eleanor?
This represents only a reasonably accurate transcription of the Iowa City council
meeting of July 18, 2000.
#28a Page 68
ITEM NO. 28a.) REPORT ON ITEMS FROM CITY STAFF.
CITY ATTORNEY
Dilkes: Ernie, you just wanted me to mention as was stated earlier in the agenda
under the consent calendar that I will provide a response to the suggestions
that were made about liquor at your last meeting. Just a brief one about
the probability of implementing those suggestions in this week' s packet.
Lehman: Right, and then I believe the council will look at those and give you
directions as to which ones to pursue.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of July 18, 2000.