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HomeMy WebLinkAbout2001-05-01 Transciption#2 Page 1 ITEM NO. 2. MAYOR'S PROCLAMATIONS a. Crisis Center Week- April 30- May 6 Lehman: (Reads proclamation). Karr: Here to accept is Board Chair Steve Hirst. Lehman: And I would like to ask Ross Wilbum, who is the (can't hear) director, to assist in the procession. Hirst: My name is Steve Hirst. I am Chairman of the Board. I want to thank you for the recognition and mention our events this week. We will be having our Volunteer Recognition Dinner tomorrow actually. Thursday we will be doing an open house for some of our contributor community, church leaders and business neighborhoods. And Sunday will be the pancake breakfast, and I am sure you will all be there. Vanderhoef: Time and place? Hirst: And I guess I would like to introduce the staff member that has joined us since the last time I was here last year, and that is Ross Wilbum. Wilburn: Well, it has been a pleasure for a year being the director of the Crisis Center and the folks that are down there are just a real dedicated group. Not only our regular volunteers but folks such as yourself and different group in the community that come and everybody chips in a little bit to help us provide our services to residents of johnson County. One of the things I want to mention tonight is a feature and honor that- a project that the Crisis Center was involved with but before I do so I can't go without inviting the community to our pancake breakfast Sunday at St. (can't hear) church, and I got St. (can't hear) out without stumbling on it, from 8 am to 1 pm on the comer of Dodge and Davenport Streets. So, have a gourmet breakfast- two different types of pancakes. Present company I guess there is a challenge between the Mayor and Mayor pro tiem about who can flip the strongest pancakes or something- I don't know. I mentioned there are different groups that do projects to support the Crisis Center food drives. The University Iowa Football team recently did a food drive that brought in one and a half tons during their spring game. And efforts like that really go a long way to helping us provide supplemental food for residents who are needing that assistance. I also wanted to point out you may have seen in USA Weekend the Make a Difference Day award. This is the national award that they give out. They pick a couple of projects per state and this project if you will recall last fall where the high school students in Johnson County raised 19.5 tons of food to feed the hungry in our county, This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #2 Page 2 that project was submitted by the Student Hunger Award to USA Today and was selected as one of the two projects for Iowa. Iowa City and all of their effort raised 19.5 tons of food. Seven high schools motivated others to participate. So, again, the Crisis Center is a wonderful place to be involved. There are people of all ages and different backgrounds that are involved. And I hope to see you on Sunday. Thank you. O'Donnell: Very good. Lehman: Thank you Ross. And Mike I trust that you are going to hone your pancake flipping skills so that you won't be so outclassed on Sunday? O'Dounell: I will comment on that later. Lehman: I am sure you will. Okay, we will see you Sunday at St. (can't hear). That is a great time for a great cause. c. Historic Preservation Week- May 13-19 Lehman: (Reads proclamation). Karr: Here to accept is Historic Preservation Commission Chair Michael Gunn. Guun: Thank you. During the four years I have been on the Historic Preservation Commission I have been in this room many times where citizens have come to speak in favor of protecting their neighborhoods. They have spoken passionately about preserving buildings that they have, about preserving the character of their neighborhoods and about protecting their neighborhoods from the intrusion of unwanted properties. And they have always found support in this room. And tonight with the third reading of the Governor Lucas Bowery Conservation District Nomination, you will establish the first conservation district in Iowa City and the first in the state of Iowa. Next week- this is a tool that is geared to address the concerns of those citizens that have been here over the last many years. Next week the Historic Preservation Commission will likely begin the process to name two more conservation districts and another historic district in the Longfellow neighborhood. This will cover all of the Longfellow neighborhood, if it is successful. The week after that is Historic Preservation Week and I would like to invite you and the public to the 19th annual Historic Preservation Recognition Awards. They will be held on Wednesday May 16 at the Johnson County Courthouse. At 5:15 will be refreshments and at 5:30 will be the recognition awards. The guest speaker will be Marla Svenson, who drafted the downtown survey that has just recently been completed. She will be- the theme of her talk will be Downtown: a Future for the Past. And during this week at this program This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #2 Page 3 and at a meeting with the downtown property owners we will begin a dialog to see what part Historic Preservation will play in downtown Iowa City. So it should be an exciting week and we would invite you all to participate. Thank you. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #3 Page 4 ITEM NO. 3. SPECIAL PRESENTATIONS. Lehman: Item three on the agenda is a special presentation and I think that you will all agree when I read this that this is a particularly special presentation and I am very, very proud to make this. (Reads text of statement). You know, Iowa City has got some really really fine folks who live here and certainly Martin and Learme Jacobs are to be commended and we would like to present them with this outstanding citizenship award tonight. Karr: Here to accept is Leanne and Heidi Jacobs, along with fire chiefAndy Rocca for another presentation. Lehman: You are going to have to get a better camera. We can't pose forever. Andy Rocca: This is digital. It is high-tech. Lehman: I see. I am going to read this- no, no, you can still stand there and focus. It doesn't affect my reading anyway. (Reads award). Thank you. O'Donnell: I have got a camera in my car. Rocca: Mr. Mayor and members of the Council, I too am pleased to be here with you tonight. We have another special presentation for Leanne and Marry. And I would also like to recognize Lt. Hein family, his wife Lisa and I believe a couple of her daughters are here in the audience with us tonight and we are most pleased to have you with us. But I agree with what you said, Iowa City is a wonderful place to live and it takes special people to get involved with situations like this. The award that we are going to present tonight is the Lt. Robert L. Hein Life Saving Award. Lt. Hein gave the ultimate sacrifice and lost his life in an explosion back in April of 1969 at Mercy Hospital. He ultimately passed away from those injuries on October 15 1971. Again, paying the ultimate price like that Lt. Hein routinely risked his life for others. He knew that was part of his job, part of his duties to the citizens of Iowa City. And when we have citizens of Iowa City that intervene and risk their lives like Marty and Leanne did, it is just a wonderful event for us to recognize them for those actions that they took- those heroic actions. So on behalf of the Iowa City Fire Department I would like to present this to you Leanne and your husband Marty in honor of Lt. Robert L. Hein, the Life Saving Award presented to Leanne and Marry Jacobs in recognition of their heroic actions on February 10, 2001 at 1023 Highland Avenue by the City of Iowa City Fire Department. Thank you very much. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #4 Page 5 ITEM NO. 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. O'Donnell: Move adoption. Vanderhoef: Move adoption. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Atkins: Emie, this makes the assumption that you will remove the skate park lands and specifications resolution and postpone that for two weeks. Lehman: Do we have a- is the motion to remove? Vanderhoef: So moved. Pfab: Second. Lehman: All right, we have a request to remove items e(2)- Karr: Is it being deferred, deleted- or- Atkins: It will be deferred for at least one meeting. Karr: So deleted. Atkins: Until (can't hear). Lehman: (Can't hear) deletion from the calendar? Atkins: Yes. Lehman: Okay. Other discussion? I would point out that we are setting a public hearing for May 15 for the last round of increases in sewer rates. Other comments from Council? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 6 ITEM NO. 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Lehman: This is a time reserved on the agenda for items that do not otherwise appear on the agenda. If you wish to address the Council please sign in with your name and address and limit your comments to five minutes or less. Petran: I will start because I really don't want to be here in the first place. My name is James Petran. I live at 410 Magowan. And I just wanted to address you regarding the decision you have already chosen on the closing of Lexington. I am sure you have gotten lots of emails, at least I hope that you did, because I really tried to make a proactive effort in going around my neighborhood and getting people to address you if they were opposed to this closure. And months ago this all started and I contacted Jeff Davidson and he kept me up to speed very well on all of the different stages that you had to go through in consideration of this. And so I am wondering, did I have any effect? Did anybody get any emails or letters? You did? Lehman: We received I would- and I didn't actually tabulate the votes, but if we were to count the letters as votes we probably had as many opposing the closing as we had in favor of it. So yours was among many. Petran: Well then today, thank you to the Press Citizen, we had headline news that this was in fact being closed and my concern was the way the city policy is now in terms of allowing people to address you outside of this venue in that you had made your decision in closed quarters- Champion: No. Petran: -and that effectively denied me the chance to perhaps petition the neighborhood and get signatures to bring to you that might support the way that a lot of my neighbors and I feel about the closure of this street. Let's see, I have actually had a good conversation with Rhys Jones who is the major proponent of closing this and we both absolutely agree that there is a major problem on that street. But I feel that my concems are just as legitimate as his in that traffic is now being rerouted- and I am not going to go through all the concerns that I am sure you got in your mail- but I am just as concerned for the safety of my kids who walk on these streets to school. And I am sure anybody else that wrote you or any other neighborhood for that matter can cite the same reasons. And so I kind of- I don't know what the actual answer could be to closing of Lexington. I should think that perhaps islands like you used on Highland Park or Washington Street would be much more attractive and would still detour This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 7 traffic to that neighborhood and not be the eyesore that this barricade might be to the people that live there. I don't know if they know what they are actually going to be getting into let alone who is paying for that. I mean, if it is all the people that live in this city that are now being denied use of this public street, then I kind of question if that is the right decision to make to close that street for everyone else to use. And it is really going to alter the character of our little neighborhood. So, I would just like to say that I think taking this action in the closed session, which I know it is televised but I didn't see it, I really had no notion that the vote was the final vote. You know? And that I could not other than email- and that only by the fact that I kept in contact with JeffDavidson and our handy dandy Press Citizen, was I even aware that this was going to happen so quickly. Thank you for your time and I think you are doing a great job. Lehman: Thank you. Wilbum: Excuse me- was it Rhys? I am sorry- James. At the meeting last night- and correct me if I am wrong- we did talk about looking at this for a year to evaluate. I was wondering- and maybe Steve can let us know- some of the concerns had to deal with sending traffic to some of the other streets. I am wondering about the possibility getting traffic counts before the barrier goes in and after to (can't hear)? O'Donnell: (Can't hear) today as a matter of fact. Champion: Pardon? O'Dormell: They put traffic counters on the streets today. Champion: Oh, they did? Good. O'Donnell: (Can't hear). Wilburn: We did receive- your effort was successful but as the Mayor did say, we were sitting with numbers on both sides and even with our own safety people one recommendation from law enforcement saying it would have no effect and the other with fire that would have an effect. So, I guess what we said is we will look at the effect that this has. Champion: I also think it is very important to point out that there was no decision made in closed session. That is an open meeting. I just want to make that clear to everybody that we are not making decisions behind closed doors. Petran: (Can't hear) but that happens during the day. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 8 Lehman: Last night. The work sessions are at 6:30 on Monday nights before the formals. Kanner: I think the process point that you bring up is an important one. At our work sessions tradition is some people- the majority of people- aren't allowed to speak to the City Council. And I think that is something that we might want to look at as a Council if we could tweak that. So certainly we have formal- we hear formally from the Lexington Street residents but we didn't give a chance before Council directly for other people to come formally that aren't exactly on Lexington- on the street that is effected. And I think we might want to see if we could change our decision making process to somehow include that and put it perhaps in the formal session, these kinds of things to give people an opportunity to talk to us formally before we vote on that. Petran: That is exactly my point. Thank you. I think it is a question of the policy that you- when you address a street issue such as that, and we have had that happen on River Street up there as well, you only seem to contact the people that are living on that street and you don't take into consideration the entire neighborhood that uses that street. And maybe in the future you will realize that, you know, the actions that benefit one tiny part of an entire neighborhood are not necessarily good for the whole city. Thank you. Pfab: I have a question for you. Do you think there is anyone on Lexington Street who really wants the closing? Petran: Yes I do. Pfab: Well, that is your opinion. I talked to quite a number of them and it is a solution that doesn't have an easy answer. It is going to inconvenience all of them also. Petran: Okay, but if you- I am going over my time- if you look at, and I am sure you have, look at the map and you have now closed down six blocks. You know, there is three dead ends in a row now and that has got to have some impact not only on how people travel in that area- I can hardly wait to see a football game and what is going to happen up there- but it has to have some impact on fire rescue. You know, they are going to be going way out of their way unless that gate is something that magically opens every time a siren comes down the street. So those were my issues. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 9 Pfab: Before you go, I think you bring up a good point and this is something that I have been thinking about and I will take about a minute and maybe we can talk about it later. I am not so sure that having the work session the night before our formal session is a good idea. I noticed that the Johnson County people when they have their work session about a week or two prior to the formal session that it gives a chance for some of these things to gel and sort themselves out. That was my comment. Lehman: Okay. Petran: Well, it is just- I am sure as you know, sometimes this is going to come up and some other neighborhood is going to say, well, this really elite neighborhood just closed their street and why can't we do the same? Champion: It will happen. Petran: It could happen. Champion: It will happen. Thomas: Hi, I am Diana Thomas. I live at 350 Magowan. And I wanted to reiterate my concerns along with Jim Petran. And I also wanted to ask as for Manville Heights as a whole whether there is a possibility of having a traffic impact study done for our neighborhood which is a dumping ground for rush hour traffic from the VA and the hospitals. It is quite dangerous to have our children out daring those times. And so when I heard that you were considering closing Lexington I was thinking perhaps I could come to you and ask you to consider stepping back and looking at the community as a whole. It is a beautiful cormnunity and since the bridge has been fixed from the VA we have had a flood of people rerouting trying to get to Dubuque. And I just think it might be useful in long-term to have a qualified engineering traffic impact study done for our neighborhood so that we can plan for increased traffic in our neighborhood. And I don't think that closing one street is going to help the neighborhood as a whole. It is solving maybe one problem but we have a problem. Where it is located is intensely heavy in traffic. And we have a very young- you know, young children on our streets. And it is a concem. Thank you. Lehman: Thank you. Clark: I am probably familiar to some of you I am sure. My name is James Clark. I live at 1111 Fairchild Street. I am going to be brief and terse and to the point. The reason I am here, I have already talked to briefly Mayor Lehman, is reading the article about the possibility of the demolishing and This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 10 raising of the Old Public Library kind of almost brought tears to my eyes. I grew up in Iowa City. I have spent a lot of time there and I guess why I am here is to ask the City Council to- I don't know where else to go actually. The historic- it is kind of ironic, not to digress, but it is kind of ironic the Historical Preservation Commission proclamation was read. I will deliver my concems about that. And here this is a possibly going to happen. And it is one of the most historical buildings in Iowa City. It is a Carnegie endowment I believe. It has been partially chopped up I have noticed over the years and it is too bad but I still think there is a possibility that something could be done to keep it because I think it is part of Iowa City's history, period. So that is why I am here and I guess I am appealing to you to look into some ways of doing something about it and see if it can be kept. O'Donnell: Thank you. Lehman: A lot of people I think share the same concerns as you. Clark: Yeah, I have talked to a lot of people over the last week when this came up. I knew this was going to happen. I knew eventually there were things happening and it isn't owned by- I presumed it was owned by the University but I guess not. I guess a lot of people are really concemed but nobody wants to say too much about it. Well, here I am. And I would like to see something done. I don't know if I am going to try to get more public interest in it and talk to people and so forth but, I guess I repeating myself, but I appeal to you to look into some ways of a possibility of retaining it. And that is about it. Thank you very much for your time. Kanner: Does it have any landmark status in the City of Iowa City? Atkins: To my knowledge no. Champion: No. Atkins: I can give you about a two-minute history. I think many of you will recall on the first- I was expecting that this issue would come up and I checked with some of the Library folks to give me a little bit of history as it precedes my tenure here. But apparently at the time the current Library was in the bond referendum the decision of the Council at that time was that the Carnegie Library- the one we are talking about- would be sold and put back on the tax rolls. That there would not be two properties off the tax roll. And that occurred. That property was sold at Council direction. I believe it was purchased by the Glasgow family and then I think it was repurchased by the Clark family who now own it. So it is a fulfillment of This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 11 the policy of the Council at that time. The consequences are now 20 years later. Lehman: Okay, thank you. Kanner: Thank you very much. Champion: (Can't hear). Gunn: Maybe I can give a quick follow-up to that. I am Mike Gunn, Chair of the Historic Preservation Commission. The building does not have any landmark status or is not listed on the National Historic Register. It is eligible though. We know that from the downtown survey. Next Thursday at 5:30 we will have a public heating that will address whether or not to pursue its designation as landmark status. And there has been certainly a considerable concern on the part of the public and we will as a Preservation Commission do what we can to pursue its preservation. Champion: We are glad you were here tonight. Lehman: Thank you Mike. Kanner: The status- is it any protection from being tom down? Gunn: Yes it will. But it is a process that has to go through the Preservation Commission and then before the Council. Lehman: If that does provide protection for the building does that require that the public acquire that building? Gunn: No, it does not. Kanner: So people should come Thursday to your meeting and- at what time is that? Gunn: 5:30 Thursday in this room. Kanner: In the Civic Center. Gunn: Right here and we have people who will be making calls to concemed citizens but also this is a good public announcement of that meeting. Thank you. Champion: Good. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 12 Lehman: Very good. Crawford: Good evening Mr. Mayor and members of the Council. My name is Jerry Crawford. I am with the law firm of Crawford and Hartung in Des Moines. And I am here this evening on behalf of Herbert Kip Pohl and the liquor license application that is pending and filed, I believe, late this afternoon with your City Clerk that will be entertained by you at your session on Thursday morning at 9 AM. Your Assistant City Attorney Andy Matthews was kind enough to let me know that I might avail myself of 5 minutes or less during your public comment section this evening. I had made arrangements to be here when we thought that the application itself was going to be considered this evening and unfortunately I will be out of state on Thursday morning and unable to be with you at that time. So Andy has schooled me well in the peculiar nature of this kind of a presentation as opposed to the sort of give and take that might occur if I were here on Thursday. But I am going to avail myself of the opportunity to visit with you just a little about this pending application. The first thing that- and I also thank you for your consideration with Ryan Rooney last night and visiting with him and discussing this whole process and procedure of getting the license application in front of you. The first think I would like to call to your attention is the fact that I think unique here- at least your County Attorney Pat White believes it to be a unique circumstance- we have agreed to enter into a formal memorandum of understanding with Mr. White wherein we are not appearing before you saying we don't intend to allow people under 21 in the premise at Etc., but rather we are saying we will not allow people under 21 in the premise at Etc. And we are willing to make our license conditional upon that fact. In other words, we will not have the fight as many have in the past to say we don't intend to and then change the mind when business or economic circumstances suggest that a different course should be taken. So, we are reserving to the County Attomey and certainly are willing to jointly reserve to the City Attorney the right to come back before you in the event that that method of operation were ever to change. There will not be patrons under 21 on the premise at Etc. This is a business that is ready to open in a matter of a day or two from the granting of the license application. It is really a phenomenal property. It is a very exciting elegant property and I think it is going to be a nice contribution to the community. Certainly hundreds of thousands of dollars have been invested in this facility. Now, I am not sure but I suspect some of you may have heard about an incident that occurred at a place called The Union during the month of February. It has come to my attention even in Des Moines that there has been a touch of publicity about that event- that bikini contest at The Union. Certainly as we have visited with the County Attomey during the course of the investigation, he is now aware that very similar events and very similar conduct has in the past occurred at other This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 13 business establishments in Iowa City and in Johnson County. But that is no excuse. And we are not here to defend or to make excuses for what happened just because other people got away with it in the past. Instead, what we are here to do is to let you know that we have been working very hard with the County Attomey and have been in communication with the Police Chief, with Captains of the police force, with Detectives on the police force. We look forward to having the chance to visit with your City Attorney and have indicated our interest in getting together with her to visit about pending matters likewise with the Sheriff because our overall goal is to reach a global resolution of all pending matters. The Etc. license application on Thursday moming, a resolution of any charges that would come of the County Attorney and the Iowa City Police Department investigation that is presently ongoing, and a resolution of the application for a liquor license impact with the State Alcoholic Beverages Commission. That is what we have been working on. And we have been working on that with an eye toward getting everything resolved and behind us and moving on to a new approach and new method of operation. To that end I think that Iowa City has a problem that many communities like it have, which is that there might be some kind of a system in place at the door to make sure that somebody has some kind of an ID saying they are 21 but once they are inside of business establishments like this anything goes. And the effort to prevent underage drinking seems to terminate once somebody is inside an establishment. We are going to work with some law enforcement consultants to put in new systems, not at the license application that you have pending in front of you on Thursday morning- that will not be an issue there, but at the other establishments because we are taking a more comprehensive approach as we go forward. Some of you may be familiar with the efforts that have occurred in Champaign, Illinois to reduce underage drinking. They have been extremely successful and we certainly intend to borrow heavily from some of the success that they have had. The application is on behalf of Kip Pohl, for Etc. We have worked hard today to complete all unanswered questions on the application just as we have worked hard with Pat White to achieve a global resolution of all of these matters. We are available all day tomorrow by telephone with your City Attorney or with Andy Matthews who we have been visiting with on a regular basis, with your Police Chief, or with any of you who have any questions that you would like resolved. But let me just conclude by saying again the license application pending in front of you is conditioned on person under 21 ever being on the premise of Etc. when it is open to the public and operating in that fashion. And secondly we have also conditioned it on any misrepresentation in the license application so that you can have confidence that when and if you approve this application on Thursday morning you won't find out later something you wished you had known when you voted to approve the license on Thursday and then you are This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 14 powerless to do anything about it. So, in every way we know how we have tried to make this a process you can have confidence in on Thursday. I apologize for having made arrangements to be here this evening and not then. I don't know Ms. City Attorney whether anybody can ask any questions or not, but I certainly am willing to take a chance or take a try at answering them if they do. Dilkes: I think as Andy told you, I think the Council finds itself in a difficult position because it doesn't have an application in front of it. Will them be a representative here tomorrow from-? Crawford: I will be here tomorrow morning and I will be available to your- Dilkes: I mean from the organization will there be someone from Etc. hdre on Thursday? Crawford: Yes, that is absolutely possible. Dilkes: Okay, that is probably a good idea because I am assuming you will have some questions then. Crawford: Thank you. Lehman: Thank you. Ribeiro de Oliveira: Good evening. I want to go back to Lexington Avenue for just a moment. My name is Dori Ribeiro de Oliveira. I am also a resident on Magowan Avenue. I just wanted to second my neighbors' statements. It is worth noting that we all have small children. And I have several neighbors that were not able to be here that would have liked to have been here. So I just wanted to kind of show my face. And also I received phone calls from each of you today except for one and I am sure that you were very busy but I really, really appreciated that and I wanted to compliment you on the efforts that you have all taken. And thanks again. Champion: Thank you. Ribeiro de Oliveira: Thank you. Bums: My name is Bob Bums. I am an architect and developer here in Iowa City. And I would like to speak to you about housing enterprise zones. It is a topic that is not on the agenda. We don't want to miss the opportunity to find new sources for elderly and housing for elderly and persons with disabilities. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 15 Lehman: Bob, if you are going to try to reference this to the item that comes up later on the agenda it would be more appropriate to do it at that time. Burns: I would be glad to do it then but this is really a new topic. Lehman: That is precisely what you are doing. And it does come up later. Burns: That is fine. Lehman: I think that would be more appropriate. Bums: That is all right with me. Lehman: Thank you. Shrader: Hi, Robynn Shrader. I am here on behalf of the Weeber Harlocke Neighborhood Association. I am just here quickly to express our neighborhood's continued concern and interest in the fate of those four acres on Harlocke Street that you are also well familiar with now. We realized that you face potentially a lawsuit from Southgate Development and we really hope there is another way to resolve this to everyone' s satisfaction outside of a courtroom. We continue to believe that the best use of this property given its access and other problems would be a neighborhood park. And I would like to present you tonight with a petition beating signatures from more than 230 residents not just from within our neighborhood but from the surrounding community in District 5 of the Neighborhood Open Space Plan. And we have just been collecting signatures for a week but we are going to continue to do so as we have seen such widespread support for our desire that you decrease the parkland deficit in our part of town. We do understand that there is a process for parkland acquisition that begins with the Parks and Recreation Commission and we are in their agenda for their meeting next Wednesday. And we will be presenting these petitions to them as well in addition to others that we have by that time. We felt however that it was important to keep you apprised of our efforts. So I would like to just read this to you. "In the spirit of cooperation and civic responsibility the Weber Harlocke Neighborhood Association respectfully submits for urgent consideration to the City Council of Iowa City the following petition signed by its members and surrounding neighbors. Whereas the district within which the Weber Harlocke Neighborhood is situated has a deficit ofparkland according to the requirements of the Neighborhood Open Space Plan and that deficit is greater than the parkland deficit in any other district. Whereas Southgate Development owns an interest in four acres of undeveloped property on Harlocke Street which Southgate has expressed a possible willingness to sell to the City. Whereas there are scare available This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 16 land for sale within this district that is suitable for a park. Whereas the City of Iowa City, Southgate Development, and the Weber Harlocke Neighborhood Association members all have financial and civic interests in this issue. Whereas the Weber Harlocke Neighborhood Association is prepared to actively pursue creative and alternative means to finance the purchase of this land by the City through grant applications and other activities. Whereas time is of the essence due to the developer's proposed construction schedule, possible impending lawsuits, and Weber Harlocke residents' desire to end this decade long struggle and return to peaceful enjoyment of our homes and our neighborhood. Therefore we ask the City Council of Iowa City to make the acquisition of this parkland a top priority. We ask that the City Council of Iowa City immediately begin to research funding sources in addition to funds which may be available in the Department of Parks and Recreation budget to purchase Southgate's four acres as parkland and to promptly engage Southgate Development in constructive negotiations to purchase the four acres of property on Harlocke Street as parkland that will be used and enjoyed by the hundreds of residents in this very densely populated area." And I will go ahead and tum these in to the City Clerk. We have a remaining contract with Southgate Development and we really want to work with all of you in whatever way we can to try to resolve this to everyone's satisfaction. Thank you. Lehman: Do we have a motion to receive correspondence? Pfab: So moved. Vanderhoef: Second. Lehman: Moved by Pfab, seconded by Vanderhoef. All in favor? The motion carries. Other public discussion? Harney: I am Ed Hamey and I am here to speak about the closing of the- or the removal of parking on Willow Street, which you are all familiar with. Since we received a letter on February 5 we have tried to keep track of the cars parked on the 900 block of Willow Street while we are home. As of today there have been three cars parked on that Street and that was Easter Sunday when our children were home. The first car was parked there at 11:30 and the last one left at 5:30. We have stated before there is no reason to remove the parking on this single block of Willow. Parking is not a problem. My big concern is JeffDavidson. He addressed the Council on 4/16/01 about the safety issue of this street. When Councilman Pfab asked Mr. Davidson how many accidents had occurred on this street he said, "two or three or maybe four- I am not sure". On April 18 we checked with the Police Department to find out when and This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 17 where these accidents had occurred. Kathy in the Records Department said they could not find- they could only go back to 1994 with their current computer system. However, to our amazement there was no recorded accidents on this street in the 700, 800 or 900 blocks in these seven years. We have lived on Willow Street for nine years and did not know of any accidents that happened. This is a very safe street. On the Police records there were two accidents on Willow Creek, which is near Willow Park off Benton Street. It seems to us this is just a case of trying to quiet some disgruntled person in the neighborhood who has nothing more to do with their life than to disrupt other peoples lives and their families. We own four properties in this town, all that allow parking on the street- along with the bank. Willow is by far the safest. The 400 and 500 blocks of Van Buren Street is 100 times more unsafe to drive on than Willow Street. Were in the world do you draw the line on safety? I don't understand why the City seems to always favor the special interest people and not the community. I don't think any of us who drive or ride a bike does not encounter a problem with parking- cars parked, delivery trucks, construction equipment and whatever sometime during the day whether legal or illegal. Safety is the total responsibility of the driver of the vehicle. (Change tape side). -from Willow Street and parking on a large percentage of the streets in Iowa City should be removed for the same reason- none. Thank you. Pfab: I believe there is- is this coming up later on? Lehman: You voted on it. Pfab: But it is coming up? Lehman: No. Pfab: Okay, all fight. Okay. Lehman: Thank you. Dilkes: Just to clarify- it was voted on as part of the consent calendar. Lehman: Any other public discussion? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 18 ITEM NO. 6c. PUBLIC HEARING ON AN ORDINANCE AMENDING THE SENSITIVE AREAS OVERLAY PLAN FOR WALNUT RIDGE PARTS 9 AND 10, AN APPROXIMATE 35.15-ACRE RESIDENTIAL SUBDIVISION LOCATED ON KENNEDY PARKWAY. (REZ01-0003) Lehman: The public hearing is open. And this- while you are signing in, this application has been approved by Planning and Zoning and by City Staff and recommended for approval. Dilkes: No, I believe it was staff recommended no approval and P&Z recommended it. Lehman: Staff, I am sorry, fight. The commission recommended approval and staff recommended denial. I am sorry. Franklin: If I could before we get started, just to clarify, this is for parts 8, 9 and 10, because part (a) includes where some of the replacement trees are being planted. Just so the record is clear. Lehman: Okay, so it is 8- Kanner: So it was incorrect, last night's information? Lehman: It was correct in the amended by it was incorrectly corrected. How is that? Siders: I stand corrected and I am sorry. Lehman: All right. Siders: For the record, my name is Glenn Siders. I am with Southgate Development Company. We are the applicant for this project and this request. I will be as brief as I can. I would like to give you a little history of this project. This project started a little over ten years ago when the City approached Southgate Development requesting a subdivision or asking for a subdivision with one plus sized lots. They asked the question why are all the big lots and larger homes being built in the county and our response was because a lot of it, rural standards, cost less to develop. So, in our conversations with the City over the next several months we decided to go ahead and take this particular piece of property and do a one-acre developable at a minimum one acre sized lot development. The City did work with us on reducing some of the standards. They worked with us on reducing some of the pavement requirement sizes. They This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 19 allowed us to bifurcate the streets. We generated a Homeowner's Association to maintain those bifumations. Champion: What does that mean? I don't know what that means. Siders: A split in the road, an island in the middle of the road. I am sorry. Champion: Thank you. Siders: And allowed us to landscape them, yet they are maintained by somebody at no cost to the City. And we have had a very good project. We always anticipated there would be approximately 100 lots in this development and that is what we are going to end up with if the parts 9 and 10 final plats are approved. We developed the first three or four phases of this project and the Sensitive Areas Ordinance was born and adopted. We never had need, never had a Sensitive Area on this project until we came in contact with parts 9 and 10 of this development and we hit a woodland area. That is the only part of a Sensitive Area that we have been confronted with on this project. It is the woodlands. We have not been confronted with steep slopes. However, in the woodland areas in the back, way back in the woodland areas there are some slopes but they are in an outlot and not on a developable property. We came to the Council several months ago, probably close to a year ago, with a preliminary plat for parts 8, 9 and 10. That preliminary plat showed a buffer, a tree buffer and a conservation easement line. During our final platting process- I am sorry, along that preliminary plat we had a tree mitigation plan for some trees that were removed. They were removed in error of Southgate Development. We cleared some trees on the site because we misinterpreted the ordinance. That came to light shortly before we did the preliminary plats. We rectified that by entering into a mitigation agreement. The City did- we did come to a final agreement on the mitigation process. The City reviewed our actions and decided they did not take an action against us other than try to comply with the Sensitive Areas ordinance and that we did. We had an approved plat yet we still had a misunderstanding on how the buffer works. We were under the understanding that in the buffer line you could encroach that buffer line with the house, the construction of the house. Again, the communication was not good. We were mistaken. Hence, we are before you trying to amend what was previously approved on the buffer line. That is the only amendment that we are asking for. It was a request of the City that we provide a conservation easement line. We will do that in the legal papers. We are not changing the conservation easement line. We are not asking for that line to be changed. We have an approved grading plan. That plan was approved on the preliminary plat with the existing buffer line. We are not changing our grading plan. We are not going to do any more grading. The only reason we are asked to This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 2o move the buffer line back is to allow us to continue to build homes that are consistent with the rest of the development. We are asking for the buffer line to be moved back 110 feet from the fight-of-way line. If you will notice on your plat, the existing buffer line- the one on 98- has approximately an 85-foot setback from the right-of-way line and lot 99 has an 81-foot setback. Our- it is not a covenant, but our policy- again, in our preliminary discussions with the City we thought it was a good idea to set them back farther than the required setback, which at the time was 25 feet. It is now 20 feet, as the City requirement. Because of the size of the homes we thought it would be more appropriate to set them back a little farther so consistently we have maintained a 40-foot setback. That is a private thing that we do. It is not part of a covenant. But we do ask that all the homes out there set at 40 feet. There have been a couple of exceptions to that because you may have a yard that tapers off and can't build so they may set 38-35 feet. But all of them do meet the zoning requirement. We took an average- I took ten homes that have been built out there and these homes were randomly selected. I just pulled plans out of the file. I randomly selected ten homes. The homes that are built out there average a depth of 66.5-foot deep- is the home. If you would take the 66.5-foot average and the 20-foot setback requirement- minimum City setback requirement- you would see that you would have an 86-foot setback. That can not be accomplished on lot 99. It could not be accomplished on lot 93. Actually, it would be reduced more than that because it is now our understanding that there can be absolutely no activity whatsoever beyond the buffer line, which means the house cannot sit on the buffer line. Any over-excavation for the foundation or anything has to occur all within that buffer line. So you have to hold the house probably ten to fifteen feet short of the buffer line to give you an opportunity to work around the home without encroaching the buffer line. The buffer line by ordinance will be fenced off so vehicular traffic, excavation equipment and that sort of thing cannot get into the buffer. The staff report that the City generated in March alludes to a couple of things. It suggests that we have not made concessions. We have made concessions. An ideal setback would be 120 feet. We have moved that line forward 10 feet. Our recommended line- we have moved it forward to 110 feet. So we are making some reductions in the 40-foot setback or the size of the home. There is mention in the staff report that Alder Court could be moved farther south. In the process of approving our preliminary plat we moved Alder Court as far south as we could possibly move it and still maintain minimum one-acre lots. If you moved it any farther south, lots 96 and 95 would no longer be a one-acre lot. They would be less than that. Another concession we made is we reduced the size of Alder Court- every cul-de-sac in that development has a 75-foot radius. All the cul-de- sacs are landscaped. We proposed a 60-foot radius- by engineering standard you can reduce that to 50 foot. If you provide anything less than This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 21 60 feet- 60 feet, not 50- if you provide anything less than 60 you are not allowed to landscape it. As a matter of fact, it is my understanding that the engineering department is recommending that anything less than 60 foot now be paved with no grassed area in the center. So we maintained the 60 foot diameter- or I am sorry, the 60 foot radius. We would reduce it 15 feet to allow us to do some landscaping and still get our- there is a sewer manhole in the middle of that. So there is some public works structure. So we have made a concession there. As I mentioned before, we are not asking for any alteration to the conservation easement. We are not asking for any alteration to the existing grading plan. If you will notice, if you move the new buffer line- the new buffer line does not get into the existing tree line hardly at all. There is approximately 6000 square feet of trees that would be in the new buffer line. The only trees that we are proposing would be removed would be whatever trees the homeowner decides to remove to build his home. So, in essence we are asking to set the house kind of back into the trees and we propose not removing anymore trees on that site. We have however by your ordinance made the assumption that with the new buffer line every tree within 50 foot of that is going to die so we have mitigated that with the City to their satisfaction. They are happy with the mitigation. We have come up with an amended landscaping plan that has been approved by the City Forester. He is happy with the trees that would be replaced and where they are going to be planted. So that mitigation process is satisfactory to the City. Actually, we will be replacing more trees than will actually die. And one last comment that I wanted to make is even though we have not been required to plant trees because of any Sensitive Areas, we have planted over 450 trees in that development. I think anybody that has gone out there and looked at that can readily see that. We have done that voluntarily. So I think any trees that would be lost have been compensated for already but yet we are willing to compensate you with more. So I would ask for is a favorable recommendation or a favorable vote so we can reestablish our buffer line and continue to build homes that are consistent with the rest of the development. I would be happy to answer any questions. Champion: Where are the replacement trees going to be planted? Siders: Actually, the replacement trees are going to be replanted in all of parts 8, 9 and 10. There are some that are in the right-of-way. There are some that are on private lots. There are a number of them that are in the new tree line area. I have a landscape plan that I could show you if you would like to look at it. Champion: I would like to. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 22 Siders: I am sorry, I only have one. Lehman: Show it to the tree lady. Siders: Okay. This is part 9 and part 10 and part 8. Every tree you see on this plan is one of our mitigated trees that we are planting for the trees that have been removed. This is the plan that has been approved by the City Forester. He has looked at it and he has approved the species and location and size and everything of these trees. Champion: Okay, thank you. Pfab: As long as you have that plan, what are the sizes of trees you are putting in or planting? Siders: 1.5-inch caliber I believe Irvin. Pfab: Which would be about how tall? Siders: It depends on the type of the tree but they are going to average 6 or 8 foot in height probably. Champion: Okay, thank you. Pfab: I have a question Glenn. You say you- you enumerated a number of concessions that you made. Could you enumerate the concessions that the City has been forced to make here or made? Siders: Zero. I don't think the City has been fomed to make any. I would like to think that we have worked with the City to come to some compromise on some things Irvin and we have worked within the structure of your ordinance. My legal counsel is going to follow me and we will address his interpretation of the ordinance. Pfab: Okay, so what you are saying is- no, I guess I am going to ask you a question- are you saying the ordinance is working against you every time you turn around? Siders: Nope. I didn't say that at all. Pfab: Are you saying it is working against you at all? Siders: I didn't say that. Pfab: Are you saying you are ignoring it a lot of times? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 23 Siders: Absolutely not. Pfab: I may have a different opinion of that. Siders: You are entitled to your opinion Irvin. Pfab: Okay, that is fine. Lehman: Thank you Glenn. Siders: Any other questions? Lehman: Is the- I just have one question- the issue that we are apparently discussing is the location of the buffer line? Is that correct? Siders: We are asking to revise the buffer line. That is correct. Lehman: That is the issue for the Council? Siders: Yes. Lehman: Okay, thank you. Siders: Thank you. Kanner: Glenn, so you feel that it is not plausible that you would reduce lots 95 and 96 to less than an acre so they could move Alder Court south? Siders: Right, that would not be consistent with the rest of the developments Steven. Plus the fact that we have bent Alder about as much as you can bend and still maintain a certain amonnt of minimum radiuses and that sort of thing. Kanner: Have you thought of another street design besides a court? Perhaps do cross-connecting streets or anything else? Thinking outside of the box? Siders: We have looked at several designs and the layout we have seemed to be the most appropriate. Kanner: I had a question for Karin. O'Donnell: Thanks Glenn. Lehman: Thanks Glenn. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 24 Pfab: I have more questions. Kanner: It says here in the Staff report, "unless the applicant can demonstrate that site constraints will prevent the construction of houses on these lots Staff feels that there is no justification for allowing further tree removal or reduce in the required tree protection buffer". Has anything changed since the Staff wrote that report, in your opinion? Franklin: The information that was presented at the Planning and Zoning Commission addressed the issue of the size of the houses and averaging them out for the houses being built in Walnut Ridge. Obviously you can build a smaller house. However, I can see the developer's perspective in this regard in terms of having housing that is consistent with what else is in Walnut Ridge. Basically the information that we had at the time that we looked at that- and we looked at the provision of the code very explicitly and what is required the City to look at in order to make the determination- we did not have the information at that time, we felt, to make that determination. So we put it out there for the Planning and Zoning Commission to review it. The developer brought more information to the Planning and Zoning Commission meeting. It still is a matter ofjudgement. Lehman: Karin, do you have any level of comfort with what is proposed? Franklin: I am comfortable with it. Lehman: Thank you very much. Kanner: You are comfortable? Franklin: I am comfortable with it. I think it has gone through the process. It has gone through the commission and the comn~ission has recommended it to you and I am comfortable with that. Lehman: Thank you Karin. Pugh: Good evening. My name is Mike Pugh. I am here as legal counsel for Southgate Development Company. I am going to be brief. I wanted to focus- if you look at the exhibit that Mr. Siders presented to you I want to make it clear that the area that we are talking about is the shaded area that is located on the exhibit, which is the area that is going to be moved back. And if you look on the exhibit the actual trees that are affected are really located- the tree lines that possibly are affected are located really on lots 98, 99 and- actually just those two. So, from our perspective I think it is This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 25 important to look at really the overall effect of amending the plan and moving that line back slightly. Unlike- Lehman: Before you go further, I may be able to save you some time. Champion: Yes. Lehman: Is there concern on the part of the Council? Karin is comfortable with this. P&Z has approved this. Are there questions that we do not have answered that we would wish Mr. Pugh to address? O'Donnell: I am very comfortable with this. Pfab: I have one. How many trees were removed unintentionally? Pugh: Well, the number of trees that were removed I am not sure of the exact number, but that has been- that is water under the bridge because the way that was handled and was handled with a mitigation plan which is contemplated by the ordinance. And that has been approved by the City Council. That was approved by the City. And what we would propose to do with amending this particular plan is to increase that mitigation plan from 60 trees to 82 trees, which has also been approved by the City Forester. Pfab: Okay, so what you are saying-just see if I understand what you are saying here- the mistakes or well, first of all- didn't this start out as a alternative way of developing country lots within the city limits? Was that what this- was that how this development originally started? Champion: In a way. Lehman: I think it was an altemative development. I think we knew that. We (can't hear) last night. Glenn told us that tonight. Pfab: Okay, so it looks to me like the City allowed a number of exceptions to what they are normally comfortable with to allow you to do this but that was fine. But every time the City gave something to you, you reached for one more thing. The trees disappeared, the- you say, I won't change the size of these lots so I can go in and dig out more trees. You know, at some point in time you might as well just bulldoze it all and start out with a grassy field. It is just that so much of it keeps disappearing. Pugh: I don't think the ordinance would permit us to do that. I don't think the City has allowed us to do anything because what we were required to do was develop a mitigation plan. That has been developed, it has been This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 26 approved by the City, Southgate worked with the City to develop that and it has been approved by the City- Pfab: So I am going to ask one more question here. So, every time you get through a mitigation plan that is one more yard closer to the goal line of getting this developed? Is that correct? Or getting it approved? Pugh: Well, being able to amend our Sensitive Areas development plan is a necessity for the development to go forward. Pfab: But you had said that there was a number of things- I asked about the concessions that the City made to you and you talked about- Glenn talked about the concessions that you generously made here and I am saying that- and you say that the City made no concessions. I find that very difficult to understand. Now, and that other thing that you talked about is the average distance of the houses' setback or the depth of the house- you say the average is 67 feet or something similar? Okay, what was the biggest step and what was the smallest depth? So, in other words, if you take one of the smaller depths and put it in their could you build that and have a very comparable home in that area that would not deteriorate from any of the other ones? Siders: No. As a matter of fact, the City gave me two examples of homes that would work with a 20-foot setback. Pfab: Okay. Siders: There are homes that were built on lots 7 and 8- in fact they wouldn't work. Pfab: Because? Siders: The one home that they gave me an example of is 56 feet in depth and has a deck attached onto it. The average deck is probably ten feet minimum so you are looking at a depth of 66 feet. You put your 20 foot setback on there and you are 86 feet deep. That is deeper than what we have right now. Pfab: Is that the smallest? Siders: They showed me another home that- Kanner: Glenn, wait. Could you answer- what is the smallest that you have there? What is it that you have to get that average of 66? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 27 Siders: The smallest I home I had to get my average was a home with 52 feet, and they showed a future swimming pool in the backyard. Kanner: So you built (can't hear)? Siders: The largest home I had, to complete his question, was a home with a depth of 80 feet. Kanner: And the smallest was 52 feet? Siders: With a future swimming pool in the backyard. Pfab: Well, would a 52 foot home work here? Siders: Probably not Irvin. If you put 52 feet on there and put a 20 foot setback on that, that is obviously 72 feet and the amount of room you need to work around for your foundation and stuff to build that home you would encroach that line and you are not allowed to do that. O'Dounell: Glenn, how many- you say you have already planted 450 trees? Siders: At minimum. O'Donnell: And you are going to plant a substantial amount more? Siders: Another 82 at minimum. O'Dormell: You know, we have Planning and Zoning Commission comfortable with this, we have the Staff comfortable with it- I am just tickled pink with it. I don't know why we are going on now. There are four of us, I think we should move ahead on this. Lehman: Well, it is a public hearing. O'Donnell: I know, but I mean- we are putting him through here something I don't think is justified. Karmer: What is the survival rate of those 400 plus trees? Is it (can't hear)? Siders: We have lost- actually, I would say it is probably in the area of 95% plus. We have lost very, very few trees and the ones we have had die on us we have replaced Steven. The homeowners make sure that we get that done. Lehman: Thank you Glenn. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6c Page 28 Vanderhoef: Thank you for replacing. Lehman: Any other comments for the public hearing? The public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6d Page 29 ITEM NO. 6d. AN ORDINANCE REZONING 24 ACRES FROM P, PUBLIC TO SAO-5 SENSITIVE AREA OVERLAY AND AMENDING THE PRELIMINARY SAO PLAN OF THE PENINSULA NEIGHBORHOOD, AN 82.1 ACRE DEVELOPMENT LOCATED AT THE WEST END OF FOSTER ROAD. Lehman: The public hearing is open. Do we have a motion? O'Dormell: Move first consideration. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion? Roll call. Motion carries. Is this the appro riate time to indicate there will be a special meeting at 9:00 on the 3rT, which is this coming Thursday, for second and third consideration of this ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6e Page 3o ITEM NO. 6e. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM GENERAL INDUSTRIAL (1-1) TO INTENSIVE COMMERCIAL (CI-1) FOR APPROXIMATELY 12.09 ACRES LOCATED ON THE SOUTH SIDE OF HIGHWAY 1. (REZ01- 0002). Lehman: The public heating is open. Hobart: Good evening, I am Tom Hobart and I am here not representing the applicant actually but representing the perspective purchaser of this property, Carousel Ford and Ken Williamson. This property as you may recall is located adjacent to the Iowa City Airport. And it is kind of an unusual piece of property in that while it is 12 acres, there is about 4 acres in the back that unless you are a very short person, you wouldn't be able to use. It has some uses obviously for stormwater detention and other things but you are not going to build any buildings back there and we are well aware of that. But we want to build an auto dealership out there and there have been some discussions and as you can see there is a conditional zoning agreement that went through Planning and Zoning and unfortunately we think there are some changes that need to be made in it. And so we are asking you actually to defer tonight. But Karin suggested and I think it is a good idea that I tell you what the sorts of changes are that we are looking at so that you are aware of them. And basically I think there are three. The first one is there is an access road on this- or an access easement shown on this property now which is located, and my directions are really bad on this piece of property- it runs north and south to me but actually it runs east and west according to the map. Lehman: Actually it runs northwest (can't hear). Hobart: Right. So this easement road is quite a ways back on the property and if we build our dealership we have to build it up as far as we can in order to take the appropriate use of the land. And if we leave the easement road where it is it is going to run right through the display areas for the cars and people buying cars are going to have to walk across this road and I think it is not going to be too safe. Lehman: Is that the easement at the very front of the property? Hobart: Yeah, it is not at the very front unfortunately but it is towards the front. And I can't tell you- Vanderhoef: It is close to Highway 1 ? Hobart: Yes. It is on the west- they say west. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6e Page 3 1 Lehman: Is that the same situation that currently exists in front of Carousel Motors where there is a frontage road there? Hobart: Actually no. The fromage roads here would be farther back wouldn't it Karin? Quite a lot farther back. We are more interested in having something closer up to the highway. So, what we have talked with staff about is moving that road up closer to the highway. And the staff frankly has some concerns about that. One of which is that this property was originally shown as having three lots to be developed at the front of the property and as Karin explained to me today, the road would serve the back end of those lots to the back of those businesses. That is obviously not going to happen now if we buy the property because we are going to put this car dealership in. But it could happen in the future is the staffs position and therefore she was reluctant to say that the staff would recommend moving the road. I did suggest to her that we would be willing to enter into as a part of a conditional zoning agreement a situation where if that happened if that part of the property was developed into lots that we would be willing to move the road back and try and take it that way. Yes sir? Kanner: What is the surface of the road? Hobart: How wide? Kanner: No, what is the surface made of'?. Hobart: It has got to be concrete. Lehman: It isn't there. Hobart: Yeah, it is concrete. Lehman: There is no road there now. Kanner: There is nothing there now? Hobart: There is nothing there now. We are not talking about ripping out. This is a vacant lot. And actually Menards owned a little triangle there and that is also vacant at this point. So there is nothing on this lot at all now. But it will have to be concrete. Kanner: It makes sense that if you agree to it in writing that you would put it back if you left that (can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6e Page 32 Hobart: But what we would have to do I assume is to actually tear out the old one and put in the new one. So it is not something we are anxious to have to do, but then again we are not anxious to have to move again. I mean, we don't think we are going to move for a long time and so that is the reason why we are willing to do that. The other thing that the staff I believe is willing to do is to reduce for us the size of that road to 30 feet rather than a 50 foot road. It seems reasonable under the circumstances. Pfab: How long will that road be? Hobart: It will go all the way across the lot. And I- Pfab: And it connects to other (can't hear)? Hobart: Yes and no. It certainly connects on the- I will call it the Red Lobster, or is that right- on the Red Lobster side. On the Menards side right now I just mentioned that there is this triangular piece of land that Menards bought from the Ruperts some time ago. They have a conditional zoning agreement with the City, which requires them to put in the access at such a time as they develop anything on that property. My understanding is that they would like to extend their building some, and I talked to their legal counsel, and they would like to use that for parking. They haven't done anything yet except give some very preliminary sketches to the City and do some- and they have been in conversation with the FAA, which of course is where we will have to go next. But I think something there is going to happen and obviously we are going to push that to happen because we would like that access from that side also. And I think it would make it, and I mean the whole development all the way across there, better. So, that is the road piece of this puzzle from a conditional zoning. There is a 30-foot setback, by the way, on the highway from the highway that is mandated by the conditional zoning. We would not be entering that. So, this road would be 30 feet back. The second thing is the conditional zoning agreement currently provides for only one freestanding sign. And frankly for the moment we can live with that. But there is a possibility because of the size of this parcel that there could be two buildings placed upon it. Two auto dealerships for instance or maybe even probably. And no present plan to do that but it is certainly possible. And most franchise requirements have that you have to have at least one freestanding sign. So we would like to have the ability to put the second sign in there although we are not asking that that be a part of the original building. So that is the second difference. The third one, and I think this is a- the staff thought not as substantive probably as the other two- is that currently there are certain requirements for masonry finish on the highway side of the building. Ford Motor Company actually has some requirements that some metal be used on buildings. We are talking about This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6e Page 33 architectural (can't hear). And we are not talking about a Butler Building. That is not the idea. It is more something like the Knutson Building that was built out on Scott Boulevard or Levitt Center- that sort of metal might be on it. There are also is a requirement that at least 30% be glass, which is no problem with an auto dealership because they need to be at least 30% glass. So those are the three- Karin, right- those are the three areas that we will be working with the City to get conditional zoning on. And then the Ruperts of course would have to sign that because they are the applicants. I would be happy to answer any questions. Lehman: You are going to be working with staff between now- we are going to continue this until the 15th. Hobart: 15in? Yes. Lehman: And you will be visiting with staff between now and then? Hobart: Right, I have been working with John Yapp and Karin and Sara Holecek on this. Franklin: In terms of dates, because of the signage issue which there was some discussion at the Planning and Zoning Commission, I think it probably ought to go back through one sweep through P&Z. Vanderhoef: Just on the signs? Franklin: On the sign- well, they will look at everything but it is the signage issue that compels it. So, what is the June schedule? Karr: 12th and 26th. Franklin: Okay, if we could do it to the 12th. Lehman: Defer to the 12th? Franklin: Yeah. Hobart: Thank you. O'Donnell: Thank you. Champion: Thanks. Lehman: Do we have a motion to defer this hearing until the 12th of June? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6e Page 34 Champion: Move to defer until the 12th. Wilburn: Second. O'Donnell: Second. Lehman: Moved by Champion, seconded by Wilbum. All in favor? Opposed? The meeting is deferred. We are going to take about an eight-minute break. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6h Page 35 ITEM NO. 6h. CONSIDER A RESOLUTION APPROVING A PRELIMINARY PLAT OF PRAIRIE EDGE SUBDIVISION, A 5.66-ACRE~ FIVE- LOT SUBDIVISION, LOCATED ON THE WEST SIDE OF PRAIRIE DU CItIEN ROAD AND NORTH OF LINDER ROAD. (SUB01-00003) Champion: Vote to deny- move to deny. Lehman: You need to vote to approve and then we vote. Champion: Oh, move to approve. Lehman: Moved by Champion. O'Donnell: Second. Lehman: Seconded by O'Donnell. Discussion? The Planning and Zoning Commission and the staff have reconunended denial of this resolution because it violates the- well, among other things- it violates the Fringe Agreement that we have in place with the County of johnson County. I think that basically- there may be other reasons but it does violate an agreement that we have with the county. O'Donnell: That is right. Kanner: I have a question. Are the applicants working with our City Staff to come to some satisfactory agreement? Franklin: My understanding is that the applicants who were purchasing this property are reconsidering their purchase. Lehman: Further discussion? Roll call. Excuse me- folks, if we vote "yes" we will be approving something that has been recommended for denial. Would you like to start the roll call over? Pfab: Yes. Go ahead. Lehman: The motion is defeated. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6i Page 36 ITEM NO. 6i. CONSIDER A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE NORTH DISTRICT PLAN. Wilburn: So moved. Lehman: Moved by Wilbum. O'Donnell: Second. Lehman: Seconded by O'Donnell. Discussion? Kanner: I had some questions for staff people. Lehman: Okay. Kanner: Is there any- Karin? For commercial and institutional uses it listed a host of neighborhood serving uses. Are offices and homes going to be something that will be allowed or perhaps encouraged? Franklin: It could be. That would be an area that was allowing commercial uses- that you could have residential above commercial. Is that what you mean? Kanner: Uh-huh. Pfab: I am sorry, did you say residential above? Lehman: Right. Pfab: Was that the question? Kanner: Yes, in certain designated areas. I think that is a good thing to have and perhaps add that. Pfab: I was thinking you said something else, that is all. Kanner: I don't know if maybe we should spell that out or not. Franklin: You can do that in any of the commercial zones that we have now. I mean, this is a plan concept where it is indicating that there is certain areas where it is appropriate for commercial or institutional uses. Now, you would be able then to have those commercial uses established in that commercial zone with residential above which could be the person who owns the business. If that is your concern- to have a live/work unit. Is that what you are thinking of?. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6i Page 37 Kanner: Well, yes and perhaps to think about it beyond just (can't hear) commercial. It seems that we are moving in that direction. Franklin: This plan does not contemplate and we haven't moved yet into the other parts of the City to contemplate live/work units in our residential neighborhoods beyond home occupations. But you can do home occupations now. And you can in fact have an employee with a home occupation, according to our existing zoning ordinance. Kanner: Is this one of the things that we are going to talk about with a look at the overall zoning? Franklin: The code review? Kanner: With the code review? Franklin: Yeah, it is one of the things that we can get into. Kanner: Okay, so that might be a good place then to think about it. The talk about a lift station on the north side of 1-80. Franklin: Do you have the page reference Steven? Kanner: Page 18 at the bottom. Public services and facilities. Potentially serve properties located within the noah district as well as a portion of the City' s growth area north of the Interstate. Is our general philosophy to stay within the watershed and the gravity flow downward so that we wouldn't have to do these kinds of things? Franklin: Our policy to date has been generally to do that- to stay within the watershed. Now, there are two exceptions to that in our growth area. One is the area noah of the Interstate. And the reason for that has to do with the capacity that we built into the river corridor mink and the ability to serve 700 acres noah of the Interstate. So that what we did the last time we identified a growth area noah of the Interstate was take that 700 acres into consideration. And that is what this lift station is talking about. The other area in which we diverge from the watershed concept is on the west side where when the decision was made to extend 965 south to Highway 1 we extended the growth (can't hear) out to that projected corridor of 965. That is outside the watershed. At this point those are the only two exceptions. Kanner: Do we know about what year we are thinking how far down the road for-? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #6i Page 38 Franklin: No. A ways. Beyond five. Lehman: Isn't there a lift station now up by the Highlander? Franklin: By the Highlander, yes. What this contemplates is a larger lift station. Lehman: Right. Franklin: And in a different location from that. Kanner: And can you explain on page 24, "future development along Foster Road/ Laura Drive"? At the bottom of that section, "if the mobile home park redevelops in the future, consideration should be given to securing relocation assistance for the current residents of the park". What does that mean in terms of redeveloped and relocation assistance? Franklin: Well, there was concern I think in the citizen workshops- and Pam Erhardt is here who has had more experience in terms of working through this with the Planning and Zoning Commission- but, in the citizen workshops there was concern about the viability of that Manufactured Housing Park and the fact that it did provide a housing opportunity for some people. And that through redevelopment of it that those people and their housing not be just lost as a factor that the redevelopment not be at their expense. And so that as a community we took some responsibility for that either through making that a condition of development and putting that burden upon the developer or through some public measure. Kanner: Do you think we need to be a little more specific here and talk about that? Will be lose the institutional memory perhaps? Franklin: Well, I think there is some negative to being too specific in this plan because we don't know exactly what the circumstances might be of redevelopment and what options we will have available to us at that time. Because we don't know when this is going to happen. So, you sometimes bind yourself too much if you get too specific in the plan. I guess I would not advise doing that. Kanner: I just want to say generally I like what is in here. There is a few things that probably all of us would like to tinker with. I also like the way it was laid out here. It is very readable and a nice document for the staff that put it together. Franklin: Good. (Changed tapes) Lehman: Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #8 Page 39 ITEM NO. 8. THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA. a. Public Hearing Lehman: The public hearing is open. This is for a variety of Public Works projects. Arkins: Beyond Public Works Emie. I mean, there are Parks and Recreation- it is a complete package. Kanner: I had a question. Lehman: Yes7 Kanner: This is the $9.825 million? Lehman: Right. Kanner: What is "street and civil defense departments", that are listed in here? In our package it is page 142. Arkins: Streets are the traditional streets and I would assume- is Kevin in the audience? I would assme the civil defense language is lifted from the code. Kanner: The Chinese aren't coming over for the plane7 O'Malley: No, this is particular language that our bond attomey uses in describing these types of construction projects. And under "essential corporate purpose" there are certain areas- I believe this has something to do with the geographic information system and some police equipment. We have about 30 projects listed and I was going through the line items trying to add up to $9.8 million and those are the two that kind of hit my eye as far as classification. Kanner: So do we get any kind of federal reimbursement for those things that are considered under the umbrella of civil defense? O'Malley: I think he is just using that term more broadly than your connotation. It is not the old civil defense that I used to think of when we stored water and went to certain public shelters. Lehman: It isn't civil defense as we would define it? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #8 Page 40 Atkins: The whole concept, Emie, has changed. It is more in our case weather related. Basically it is the same shelter and is the same set of circumstances. Lehman: It could be siren involved in this. Atkins: Could be. Lehman: That would be civil defense. O'Malley: There is about $375,000 worth of public safety equipment in there, which of that $375,000 one of those could be a siren. Lehman: Right. Okay. Thank you. The public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #9 Page 41 ITEM NO. 9. THE ISSUANCE OF NOT TO EXCEED $670,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORTATE PURPOSE). a. Public Hearing Lehman: The public hearing is open. This is for heating, air conditioning, and whatever for the Civic Center and the acquisition of public art. Pfab: And new City Park in there too. Lehman: Pardon? Pfab: Equipping the new city- Champion: Oh, right. Atkins: (Can't hear). Lehman: Right, okay. The public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #12 Page 42 ITEM NO. 12. THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE). a. Public Hearing Lehman: The public heating is open. The public hearing is closed. Do we have a motion? Atkins: Emie, I would like for you to note this specific bond issue because you have as a Council had some disagreement amongst yourselves on it. This is for the Transportation Center in downtown. Lehman: Right. That is the facility south of Burlington Street. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. # 13 Page 43 ITEM NO. 13. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD GRADING AND WATER MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. b. Consider a Resolution Approving. Lehman: Do we have a motion? Pfab: Move the resolution. Champion: Second. Lehman: Moved by Pfab, seconded by Champion. Discussion? Kanner: Now, this grading- this will allow the eventual road that is planned for the- that we just passed in the North District Plan, is that correct? Atkins: Yes. Lehman: That is correct. This will be the rough grading I would presume. Kanner: But it will be pretty easy to do the rest of the grading when that time Comes? Atkins: Yes. Lehman: I think so. Kanner: Are we planning to put any kind of path in before the road might be built? Lehman: I don't think there are any plans to do anything yet. Vanderhoef: It is not in the- Atkins: It is not out of the- I hadn't really thought about it. Vanderhoef: It is not in the Capital Improvement Plan at this point. Atkins: This will be graded in the fashion to allow for the construction of a road at some time in the future since we do have the easements through there. If This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #13 Page 44 you wouldn't mind if somebody gave this some thought and then I will get back with you. We honestly never thought about that. Kanner: Maybe if we could put the sidewalk- if we are going to put (can't hear). Atkins: Or even just a (can't hear)- it is a nice piece of property and it is reasonable. I mean, I am assuming we could do that. Let me find out for you. I will check for you. Lehman: Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #14 Page 45 ITEM NO. 14. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LONGFELLOW/TWAIN PEDESTRIAN TUNNEL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. Public Hearing Lehman: The public hearing is open. The estimated cost is $250,000 of which $196,000 will be paid by a federal enhancement program grant. Schabilion: My name is Jeff Schabilion. I live at 431 Rundell. I am here representing Longfellow Neighborhood Association Executive Committee. The Longfellow neighborhood has had a long and I think very successful interaction with the City as part of the design process. We really enjoy being part of the design process for the Summit Street Bridge and I think that the results speak for themselves. It is quite nice. We had some preliminary input on this project in fact, suggesting and helping it move forward. But in the end here we have gotten sort of a bums rush in terms of the project rushing forward towards implementation. And we can understand how those things can happen but there is some of the details in the designs that are before you now that really aren't up to par in terms of previous efforts. I want to call your attention to just a few of these and I think they could be easily rectified. One is the inclusion of 50-foot of 6- foot tall of chain link fencing. Now, such fencing I agree is necessary in terms of protective the site from people falling down off the railroad and so forth. That is not the issue. The issue is though that it is really going to be a visible, visible part of the project. It is going to extend over the pedestrian tunnel and essentially 25 feet on both sides of the entrance right up there where you will see it. And I would like to suggest that if we could possibly get the dark colored fencing. This is what the University has done for similar safety fencing along the tennis courts at Melrose and so forth. I don't think the cost would be prohibitive and it really would make quite an aesthetic difference. It would look- otherwise it is going to look like a concentration camp or something (can't hear). A second point has to do with the surface texture of the cement that goes over the entrance to the tunnel and the little side wings along the side. As planned now it was planned to have embossed letters or I don't know if they are raised or countersunk letters, saying "Iowa City 2001", which is kind of a nice touch to do something. But if you envision that that is all in just flat bare cement, if instead of taking the money to emboss the name of Iowa City 2001 if we could employ the textured molds that were used like on the Summit Street bridge to give the look of stone- a stone look- I think that This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #14 Page 46 would be much, much more attractive in the long ran. So those are just two suggestions about changes- the dark fence and the stone texture to the poured concrete. And a third one has to do with whether or not it would be necessary to employ the large erosion control mattress at the curve in the- the adjoining curve in Ralston Creek. There previously, historically, had been erosion problems there. The City and the neighborhood association working together had a couple of years back put in many tons of stone riffraff there and it has worked beautifully. I don't see that it is necessary to spend a lot of money and time changing something that is working. So if that could reassessed, that part of the plan, I think we have got good erosion control there. There is no sense in ripping that out to put one in. Those are just three suggestions. I want to thank you. Lehman: I would like to complement the neighborhood association. Longfellow has been a great association to work with. Steve, I believe that we certainly can take a look at these things. For example, the fence color I think would be a real minor thing. And if necessary there could be changes to a bid. Dilkes: The plans and specs are file. Your resolution approves the plans and specs on file. So, I know Dan Scott is here. Maybe- Lehman: Dan? Could I- Dilkes: I think we need- and it is a DOT project which sort of complicates it and I don't know all of those details. Lehman: Dan, I guess I have a question. Would something as minor as changing the fence color be a problem in changing after the contract has left? Scott: No. Lehman: We get change orders all of time on (can't hear). Scott: Right, I don't think that would be a problem. I don't think it would be wise to do that at this point. Lehman: Right. Scott: I think it would better to go ahead and bid the project as it is. Lehman: With a change order though? Scott: But certainly after we get a contract we can talk about each of these items. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #14 Page 47 Lehman: But these are things that can be considered after the contract has (can't hear)? Scott: Oh, sure. We will look into the fence color and- Pfab: I would like to ask- all three of them would fine- could we take a look at that after? Scott: Right. We will. Atkins: The three that I put down were the dark colored fencing, textured mold on the surface, and then the erosion control is what is required. Our inclination- as you remember, we had to move this thing along to get that bid date and we have waiting so long we would encourage you to bid it and we will contact Jeff and the other folks in Longfellow and let them Lehman: When did this first come up? Atkins: Three or four years ago. Lehman: No, it has been at least four. Atkins: It has been active for three or four years. Lehman: It has been a long, long time. Okay, thank you. Atkins: But we can get answers for each of those and it appears that at the very least we will address these with the neighbors. Vanderhoef: It is nice that we got to the top of the list for the DOT monies. Champion: Yes. Arkins: That is true. Vanderhoef: That is where we waited. Felling: I am Chuck Felling. I live at 825 S. 7th Avenue. This tunnel is something my wife Margaret and I talked about for the 12 years that we have lived there. For ten of those years Margaret was a teacher at Mark Twain School and it would have been really great to have had this tunnel about 12 years ago. Margaret is retired now but we still do a lot of walking and we are looking forward to the tunnel. But mainly I wanted to say that this is an idea that has been around for a long, long time. It is really great that This represents only a reasonably accurate transcription of the Iowa City council meeting of May I, 2001. #14 Page 48 we are finally getting to this point. And I really want to thank the City, City Staff, for the marvelous way that we have been able to work together with them. Especially I would like to point out that Marsha Clingeman from the Neighborhood Services office has been encouraging and has guided us through the projects. And we also appreciate Rick Fosse and Dan Scott from the Engineering office for their openness to our suggestions and treating everything that we suggested as a reasonable suggestion. Some of them worked and some of them didn't but we were really thankful for that. Thanks. Lehman: Thank you. The public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #16 Page49 ITEM NO. 16. CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY ENACTING NEW SECTIONS NUMBERED 4-2-3, ENTITLED "LOCAL REVIEW OF APPLICATION/INVESTIGATION OF APPLICANT"; SECTION 4- 2-4, ENTITLED "NOTICE AND HEARING"; AND SECTION 4-2-5, ENTITLED "CIVIL PENALTIES"; REVISING SECTION 4-5-4, ENTITLED "REGULATION OF PERSONS UNDER LEGAL AGE"; ENACTING A NEW SECTION 4-5-6 ENTITLED "SALES TO INTOXICATED PERSONS"; AND ENACTING A NEW SECTION 4-5-7 ENTITLED "LIMITATIONS ON SALES," ALL OF WHICH PROVIDE FOR THE REGULATION OF ALCOHOL SALES. (SECOND CONSIDERATION). a. THE VERSION WHICH PASSED FIRST CONSIDERATION APRIL 3 (SECOND CONSIDERATION) Vanderhoef: Move second consideration. Wilbum: Second. Lehman: Moved by Vanderhoef, seconded by Wilbum. Discussion? Vanderhoef: I am not going to support this version of the alcohol ordinance. In conversations with the bar owners and interested citizens and the Council, we found that there were enough changes that we should be making that we are choosing- or I am choosing at least- to vote 'no' on this and vote for a revised ordinance. Lehman: The changes that are being proposed are significant enough that it will require a first reading to be held again. So, if we are interested in making the revisions this ordinance would be defeated on the second reading. Is there other discussion? Roll call. Motion carries. Do we have a motion for a revised ordinance? b. REVISED STAFF VERSION DISTRIBUTED APRIL 26. Wilbum: So moved. Pfab: Second. Lehman: Moved by Wilbum, seconded by Pfab. Discussion? And I think before we start discussion Eleanor would you point out the changes to the ordinance as has been proposed now and the one which we just defeated? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #16 Page 50 Dilkes: As I detailed last night and as our redlined in the ordinance that is in the packet, there have been a number of changes to section 4-5-7 which deals with the specials restrictions. There has been a change to prohibit not only serving an unlimited amount of alcohol for a fixed price but also for free. There have been some changes in the section dealing with increasing the volume of alcohol to focus one, on drinks as opposed to- alcoholic drinks- as opposed to beer and wine. And also to address some concerns about drinks that are similar but do not represent an increase in alcohol. For instance, the example I gave you last night and the example that I talked about at the meeting with the bar owners that was raised with me at the meeting with the bar owners was if you typically offer a short with one shot and a tall with two shots that will not be prohibited by this section. That is a drink that you typically offer. It is not a special that you are offering and you are not increasing the volume of alcohol in the short drink without proportionately increasing the price. With respect to the out-of-sight sales, changes have been made to focus on delivery as opposed to sales so that you can- a bar can sell more than two drinks to one person. You know, you can run a tab. You can buy a round for the table and that kind of thing. But the focus is on the delivery. The delivery of only two drinks to each person and then with respect to the pitchers and things that are typically sold in quantity the focus is on delivery to the persons who are going to be consuming that alcohol. So that you know whether those people are of legal age. And then the final- actually there are two more- there has been some additional definition given to the private event exception and the effective date of the ordinance has been changed from July 1 to August 1 to give the same amount of time for discussion with the Police Department about enforcement and education efforts, as you would have had before. Lehman: Thank you. Discussion? O'Donnell: I am not going to be supporting this. I think it is an enforcement nightmare. There has been a great deal of work put into this. I have a problem that you can't go buy over two- you can't buy over drinks but you make five trips. I have trouble with aperson over 21 not being able to buy a pitcher of beer. I have a problem with the (can't hear) golf course one person not being able to run in and buy a round for his group. And the same with a bowling league. You cannot drive a car in this state until you are 16 but once you are over 16 you can drive a car if you obey the law. It is against the law to sell beer or any other kind of alcohol to somebody under 21 but if you are over 21 it is not against the law and I do not believe an ordinance should effect those who are not breaking the law. I won't be supporting it. Champion: I am not going to go into one of my usual long diatribes. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #16 Page 5~ Lehman: Your what? O'Donnell: Diatribes. Champion: Is that the word? I am probably using the wrong word. O'Donnell: Can you spell that? Lehman: I wouldn't know if it was the wrong word or not. O'Donnell: We will have to look it up. Champion: The other thing that bothers me about this ordinance is the enforcement. I find this a major problem. I don't- it is because it is going to be such a specified enfomement. I really think it is going to be concentrated in downtown and I don't think ordinances should be made that allow that to happen. I mean, sometimes that happens automatically but that is another part of this ordinance that bothers me. And I am not going to be supporting it either besides the fact I think we ought to just go to 21. Lehman: Connie, let me just respond to that for a second. Obviously this ordinance is the result of significant problems that have occurred within this city. Most of those problems happen to have occurred downtown. Champion: I know that. Lehman: Whatever ordinance we pass whether it is a 21 ordinance or this ordinance or any other one it is still going to have the same enforcement location as this one will. Champion: You might be right. Lehman: I might be. I feel very strongly about this ordinance. I don't pretend for a moment that this is a silver bullet and it solves all the problems that we have. I am not sure what problems it does solve. It does however offer a mechanism for the City of Iowa City to require there be a certain amount of responsibility on the part of bar owners by making civil penalties available, which we do not presently have available. It prohibits out of sight sales which I think contribute dramatically to folks drinking who are inebriated or folks who are underage. It does a number of things that I believe are worthwhile. This is an issue that this Council has looked at, the Council before this Council looked at, the public has called on us time and time again to do something. It may not be perfect but I think that we are making a statement as a Council as to how important we feel this issue This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #16 Page 52 is for this commtmity. And because of that I will support this ordinance not because it is a perfect ordinance but because I believe it indicates the resolve on the part of this Council to address a problem that permeates this community. Champion: You are right about that. Lehman: I would appreciate an affirmative vote from everybody because I think we need to tell the public we are serious about this. O'Dounell: Ernie, you know, you did very well there and I respect your opinion and I like you a lot but I disagree with you. Lehman: That is all right. O'Donnell: It- Lehman: That's what makes horse races. O'Donnell: Absolutely. I think that it is an enfomement nightmare and I do agree with parts, I agree with the civil penalty, but I cannot go along with an ordinance that affects those that aren't breaking the law. So I am- Lehman: Can you go along with this if 90% of it is good? Champion: Yes. Lehman: But 10% might give you just- O'Dormell: Fix it and we will talk about it. Champion: Maybe the next reading. Lehman: We have to read it three times. Other discussion? Karmer: Ernie? Lehman: Yes? Kanner: I appreciate what you said and agree with quite a bit of it. And until tonight I went along with the majority of Council because I felt the positives that you were talking about outweighed the negatives. I didn't think the process was perhaps as good as it could have been. And when the drink special limitations were taken away I think that (can't hear) some of my other concerns about putting too many undercover police officers in This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #16 Page 53 the bars lead me to say let's start over again and let' s do it more of a collaborative process. I think we have heard from a lot of people indeed from different perspectives but I think we need to put this in a holistic sense of not only enfomement with the bars but also as a public health issue. And what I would like to see is an ad-hoc committee- 10-15 people, people who oppose it and people who are in favor, bar owners, University staff and students, downtown people, some Council people- get together and look at it in the bigger picture and say what are three or four things that we can do not only in regards to licensees but as a health problem. What are things that we might direct our efforts to in those regards? And because of those concerns I have I am going to at this point vote against the ordinance as it is presented. Lehman: You know Steven, there is no reason that the things that you have mentioned could not be addressed in addition to this. I don't know what kind of process you think would be more thorough than one that has lasted probably three years and involved an unbelievable number of public meetings, meetings with bar owners, meetings with about everybody. I don't know what more input you can expect to get. Kanner: It is not exactly input Emie. I think that- I was involved with one process that I thought was a good beginning where we sat down at tables and across from each other- not just the bar owners go with the City Attorney or present something to us- but there is actual dialog going back and forth and I really believe that that is the best process. Especially for this issue to come up with some good solutions. We have got a heck of a good resource in this community as far as people that can interact and collaborate and facilitate this process. And I think that is the best thing at this point. Lehman: Other discussion? Irvin? Pfab: I will be happy to support you and it will go without passing that I reminded somebody about letting a nose go under the tent. Champion: You would support who? Lehman: I don't think any one of us is saying this is perfect but I do think (can't hear) concern about the issue. Any other comments? Vanderhoef: I will just make a comment that I think we have the opportunity in the future to do additions, corrections and so forth. And it is time for us to step forward and put something in place as you said Emie to let the community know that we are looking at this and we understand some of the problems and the frustrations of businesses both from the bar owners This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #16 Page 54 and other businesses downtown. It is important to get moving on this and I definitely wholeheartedly support this at this time. Lehman: Other discussion? Roll call. Motion carries 4-3, O'Donnell, Champion, and Kanner voting no. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 55 ITEM NO. 18. CONSIDER A RESOLUTION ADOPTING IOWA CITY'S FY02 ANNUAL ACTION PLAN, THAT IS PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. Vanderhoef: Move adoption of the resolution. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Vanderhoef: Okay, I will start out. I am going to propose an amendment to the housing funding of the CDBG plan. And afterwards then I would like to state the reasons why. I would like to amend the plan to show in the housing section that we will fully fund the Iowa City Housing Fellowship and to remove the Foxboro project from funding and any of the remaining funding with go to Habitat for Humanity. Lehman: Is there a second? O'Dormell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Vanderhoef: Okay, as I looked at the funding for this year the breakdown in the funding is very clear and very nicely proportioned with the various sections of the City Steps plan. Specifically on the family housing I would like to note that family housing is the highest priority in the City Steps plan. The Greater Iowa City Housing Fellowship project was the number one point getter in the rankings by the Comnaission when they looked at all of the projects for housing. Within this project for Greater Iowa City Housing Fellowship there are 19 units. Of those 19 units 12 of those units I know of for sure are handicap accessible. I suspect the other seven are also. As a community we have looked at family housing and yet we haven't been building any recently. The Foxboro project, though it is a very good project, they have just completed their first phase of their project. It is not fully filled with occupants at this point. They just broke ground this spring on a second phase of this unit and these are for senior housing and for disabled. In the past few years we have built or are in the process of building 134 units of senior housing. So we have been addressing senior This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 56 housing needs right along. One of the priorities for the Peninsula project was to make sure that we had mixed housing and affordable housing. And when I say affordable I am talking to medium and low-income folk. There is just one-year window right now to purchase these 19- the land rather- for the 19 units. After this year those lots will be sold off if they are not purchased. So this is truly a one time opportunity to get housing- low income affordable housing out on the Peninsula. And this follows right along with a City policy that we have that we want scattered sites. We want to be sure that we mix our low income housing throughout the entire community and this is our opportunity to do that. As far as Habitat for Humanity, these folks have done a fine job in our community in completing their projects. They do have difficulty sometimes finding lots to purchase. However, ira lot becomes available they also need to have cash on hand to buy the lot when it becomes available. And that is why I am recommending that we give the remaining funds, which are some place around $50,000- I am not giving specific numbers- but that would increase their funding to allow them to buy at least two and a portion of a third lot. Lehman: Other discussion? Pfab: I have a question. Does anyone plan to make any other changes in these allotments? Lehman: Well I think- I can't tell you that buy I think we have to address them one at a time. Pfab: Well, I am- that is- okay, maybe I can ask each individual one. Is there anyone here that wants to make any other changes in these allotments? Vanderhoef: In the housing allotments? Not for myself. Pfab: Any one else? Kanner: I am still not sure if- Dee made some good points and I want to discuss it some more and perhaps hear a few more things before I decide. I might want to go with a different figure. Are you suggesting something else? Pfab: No, I am just- I want to know are there any other changes that people want to make? Kanner: I would like to ask some questions to help me. Pfab: Fine. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 57 Kanner: Steve? A couple of things- yesterday I asked what would be the decrease in the amount that Foxboro would receive if they brought their private investment up to match Metros at about 18% or so? Nasby: I figured it out at 17% and that figure would increase- they would have to come up with another $252,493 in private dollars to bring it up to 17%. Kanner: So that is the whole amount? Lehman: More than the amount. Kanner: More than the amount they are asking for? Nasby: From us. Karmer: From us. Okay, I don't understand how Metro- how are they doing it giving 18% and- Nasby: It is just the way their financials worked. They are building family units, although their rents are a little bit higher. I believe that their average rent is a little bit actually under the fair market rent set by HUD for the three bedroom unit, but those rents are at a quite a bit higher level than one and two bedroom rents which are $400 and something to $500 and something. I believe three bedroom rents are in the $600 range so they might have a little more room to accommodate that service. I don't know, some of their other costs might be different. Kanner: So they are using- Metro is using less other public money? Nasby: They are using less public money and more private money. That is correct. Kanner: And why- I don't know if you can differentiate- their rankings were very close but Foxboro was ranked number five and Metro was number 7. Can you articulate any difference there or is it too close to articulate? Nasby: I think the difference was four tenths of a point out of a possible 100. Lehman: So pretty close. Nasby: It was extremely close. Kanner: HCDC ranked them both almost equal? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 58 Nasby: I think between Metro Plains being number 7 and Foxboro number 5, the number 6 project was another housing project and that was within that same four tenths of a point tolerance. So you can see- those three housing projects were very close. The Peninsula project I think was ranked number 1 overall and also in that housing section with 85 points and the next three housing projects all had 82 something. So they are all extremely close. Wilbum: I have a- maybe you can stay up there for a minute Steve. I agree with the importance of the Greater Iowa City Housing Fellowship project on the Peninsula for the reasons that you mentioned. What are the applicants told about what their ranking means? Are they told that they are competing against similar blocks of projects, housing, etc, etc, or does 1 through (can't hear). Nasby: We deal- Wilbum: Let me finish. I told you I would made sense on that question but I am still formulating the question. They part that I am having some trouble with is the process. I am thinking of some experiences with grant applications- different settings of course- but if they are given a score and they are competing against all projects and not against different blocks of projects then something just doesn't feel right about taking a project that is higher in ranking and just wiping it out. As opposed to- I don't know- somehow reapportioning the funds allocated to the other projects. I will let you go ahead and answer my question before I ramble on. Nasby: They all come out of the same pot- the CDBG and Home monies are thrown together and they are ranked as one group. The City Steps document is actually where you get into those categories. Only one of the categories is fixed and that is public services and there is a hard cap on those that is a statutory cap by the federal government. So that cap is fixed. The other ones are floating. But within our City Steps plan we have a 5-year plan to spend out these dollars. And when we adopted the City Steps document each category- housing, economic development, public facilities and public services all were given kind of a target number that we want to hit over a 5-year period of time. And in order to try to stay within our 5-year plan and within those targets each year we estimate okay this is how much is in the housing category and this is how much is in economic development and etc. Again, with the only hard cap being in public service. So the commission does take that into consideration but because those caps are flexible we don't allocate specifically within those categories but we do have to keep them aligned for the long 5-year period. I don't know if that helps you or not. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 59 Wilbum: That helps. And so the other part that I am wrestling with Dee is with any commission or committee that makes a recommendation about funding we certainly have- they have a specific focus. We have perhaps some broader issues to consider- broader Council, broader City priorities. So that gives us, in my mind, some leeway. But- it is just- and I know some of us don't like this and some don't like this word- we were given the recommendations and I see tweaking but I mean if each one of us wants to pick a project to go with- I just question how we are ranking them or putting them against- it seems to me if we are going to go the route of grouping them that they should be told they may be competing against similar projects and not just the- do you see where I am going with that? Vanderhoef: Uh-huh. So within the whole pot of money rather than just in the housing? Wilburn: Right. Yeah. Vanderhoef: And I was trying to leave the balance that the HCDC had set up. That they had seen all of the projects and had allocated by category say we say according to the City Steps. And I was comfortable with how they had ranked the dollar amounts pretty much in each of the categories. Therefore I felt that the shifting of funds needed to come from just the housing. Wilbum: I see. Okay. I will just go ahead and comment. Pfab: I would like to ask my question again now. Does anyone recomxnend- or going to propose any other changes? Champion: Can we finish with (can't hear) first? Pfab: No, it is part of the discussion. Kanner: Bob, are you going to be addressing us along the lines of what you were (can't hear) before? Bums: I would like to if I have the opportunity. Lehman: Now is the time. Bums: Thank you. My name is Bob Burns. I am an architect and developer from Iowa City. One of the- at last night's work session we heard some of the recommendations and so we have come up with a new funding source that we haven't been able to tell you about. It is Housing Enterprise Zones. It is a funding source that is not going to cost the City any money. All the This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 60 City would have to do is apply for the status and it would improve the opportunity for any housing developer in the community to build new or rehabilitate existing housing- affordable housing. The enterprise zone law was revised in 1998 to include financial incentives for housing development. It includes number one it is a 10% state tax credit- one time tax credit- for a qualifying project for either new housing or rehabilitation. And the tax credit can be taken over seven years. What we would do with this tax credit is raise additional equity investment and reduce the other sources of public funds. In addition to the tax credit a project would receive 100% retired of all the sales tax and utility taxes for a (changed tapes) and then that money then could be counted on to reduce the other sources of public funds. There is a 1.5% employee withholding tax but that wouldn't apply to a construction project. Lehman: Bob, the utility tax refund is that- for what period of time? Burns: Okay, it is just for this- it is the sales tax for just the construction project. Lehman: The material, right. Burns: Just the materials. Lehman: But you said a 5% utility- or a utility tax refund. What period of time does that cover? Bums: I don't know. I have never used the utility tax refund. I am not aware of it. Lehman: Okay. Bums: But it is 100% refund of the project sales tax. And the 10% state tax credit is 10% of the hard construction costs for the project. Both of these sources of financing come from the state. You file reimbursement to the state for the sales tax just like you would for a public construction project. And then the 10% state income tax credit- it is a credit that is passed on to the investors in the project. The City can set the enterprise zone up in conjunction with IDED. They are the agency that has the application that you have to submit to them. The project must include at least four single family houses or at least one multi family building containing three or more units. The per unit appraised value cannot exceed $120,000. Soyou can see this is targeted for affordable housing. The project must be completed within two years and the quality standards of section 8 must be followed. In doing the research it just so happens that our project site for Foxboro Ridge is in Census Tract 4 and we found out today that Census Tract 4 has the characteristics that would qualify that Census Tract as an This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 61 enterprise zone. And then within the Census Tract you can designate a project area. The project area can't exceed one percent of the total area in the county. We have a handout that we will pass out after I speak that we have highlighted a proposed enterprise zone district. It essentially is an area north of Rohret Road, east of 218, south of Melrose, and west of Mormon Trek. And it is a 440-acre site or tract. Can you visualize the area that I am talking about? Pfab: Can I ask you a question? Am I interrupting in what you are trying to get through? Okay, so- when you get to the bottom line are you going to say you are going to ask the City to apply for that? Bums: Yes. Pfab: And let's say the City does that it is successful, what will that do to the proposal that- how will that affect the proposal that Dee made? Bums: Well, Council Member Kanner suggested last night of taking $50,000 in Home Funds away from Foxboro Ridge and $50,000 from the Metro Plains project. In our analysis in using this enterprise zone we can reduce the City's home loan by $40,000. Pfab: So it is a $40,000 change? Burns: Right. That is what we estimate it to be. Pfab: And at the present time yours was how much? Bums: $234,000. But keep in mind when we reduce our request $40,000 from the City we are reducing $120,000 from the state. So, we are actually reducing- we are actually going to be raising an additional $162,500 in enterprise zone funds that are not now coming into the City by taking this action. It requires an application that is a very simple application. It is in the packet that we are going to hand out to you. And it requires a legal description and basically the legal description is simply Census Tract 4 east of, south of, west of, noah of. It is sufficient. I have checked with IDED and that is acceptable. If you can act on the application by Friday and get it to the IDED by Friday the board would be able to consider it at their May 15 and 16 meeting. Pfab: Can I interrupt you again? Okay, so can you make it (can't hear) your project work if we pass Dee' s ordinance- resolution? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 62 Bums: If you pass- as Council Member Vanderhoef suggested, if you approve her amendment that would kill our project. We wouldn't be able to work under that scenario. Pfab: So you are saying that you could work with how much less then? Bums: Well, I am saying we can reduce it by $40,000 if you are willing to go forward with the enterprise zone process. Iowa City is one of 18 communities- 18 cities- and 28 counties that have this eligibility. And my- I would guess that there would be other areas in the City that would qualify too in the future that you could designate other sites as enterprise zones- housing enterprise zones. This could just be the first one because our 440 acres is quite a bit less than the- I calculated the area of the county- Pfab: I have a question while you are looking through your papers. Bums: It is about 4000 acres that would be 1%. Pfab: Does the Peninsula fit that? Does the Peninsula fit into that zone? Bums: I don't know. They have to meet- there is five criteria that you have to meet to become eligible as an enterprise zone. Pfab: Such as? Bums: Do you have those (can't hear)? All you have to do is meet two of the five. And the characteristics of this census tract included two of those five. And that is how we qualified. So there may be other characteristics of the Peninsula that would work. Pfab: Is there- but is the Peninsula in that tract? Lehman: No. Vanderhoef: No. Champion: No. Lehman: It is not between Melrose and (can't hear). Burns: But it could be- it is not in Census Tract 4. Census Tract 4 goes from Highway 6 down to Highway 1 and from Mormon Trek west. So it is a large Census Tract. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 63 Pfab: But you are not aware of any other tracts in the Iowa City area? Bums: I didn't ask them about any of the other tracts. I just asked them about Census Tract 4 at IDED and they said it was eligible. These are the five characteristics. The area has a per capita income of $9600 or less based on the 1990 Census. The area has a family poverty rate of 12% or higher based on the 1990 Census. 10% or more of the housing units are vacant in the area. The valuations of each class of property in the designated area is 75% or less of the citywide average of that classification based upon the most recent valuations for property tax purposes. And the area is a blighted area as defined in Iowa Code section 403.17. Lehman: And you need two of the five to qualify? Bums: Right. Pfab: So it is not inconceivable that the Peninsula could possibly be (can't hear)? Champion: No, I don't think it would. Lehman: I don't think Bob has any interest in the Peninsula. He is talking about a project- Pfab: No, no, I am just saying maybe it works for other projects. Kanner: Where Irvin is going is if it would work it could save them money too. But it doesn't seem that it would be likely that the Peninsula area meets two out of those five criteria. Champion: Bob- Pfab: I am not so sure it wouldn't but I am just- Champion: Well, I don't think we have time tonight to find that out. Bums: You might be surprised because Census Tract 1 is noah of Rochester and the river. Dilkes: Emie, I think Steven is trying to get your attention. Lehman: I am sorry. Dilkes: He might have some information that is helpful. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page64 Lehman: Bob, Steve Nasby has something to add here. Nasby: I just wanted to clarify. Lehman: All right, fine. Bums: Eleana, why don't you go ahead and give them a copy of the packet? Eleana: (Can't hear) that map. Lehman: That is fine. While you are doing that, Steve- are you through Bob? Bums: I did want to say that there seems to be a- comments were made about the difference between private funds between our project and another project. I would just like to take a quick stab at clarifying that for you. In your definition of private funds the only- in these two projects what it really represents is the amount of the loan for the project from a private source of financing. Now, because we are building one-bedroom units our rents are $395 a month. And Metro Plains are building three bedroom units and their average rent is $628 a month. So, they have more revenue than we do to retire debt. In fact, our gross rental income is $144,000 and Village Green's is 56% higher, or $226,000. Karmer: Yearly gross? Bums: Yearly gross income. Because they are renting three bedroom units. And they probably need that to build the bigger units. I think that is where the disparity is coming in the analysis. If we were able to borrow more money from a public source- or from a private source- we would. But we can't at those rents. I hope that clears it up. I really don't think it is a major issue. Champion: I have a couple of questions because I really do like your project. I especially like the part about housing for the disabled. But, I found out today that the Iowa City Housing Commission's houses will be handicap accessible. Kanner: Will be what? Champion: Handicap accessible. Now, if we went with Dee Vanderhoefs- because I think all of us- I had some misunderstanding of the financing of the Peninsula projects, but I think all of us up here want the Peninsula to have this so called mixed housing that was part of our dream for unity and not to just have acre lots out there with $1 million houses. But to have a whole mixture of housing and economic levels out there. Now, you are This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 65 starting the second phase of your project right? And this is financing for the third phase? Is that correct? Burns: That is correct. Champion: So if we went with Dee's proposal or whatever we decide to do we wouldn't really kill your project because you could reapply next year for phase three- is that correct? Bums: Yes, we could reapply for next year but we would lose two construction cycles. Champion: I know but Habitat for Humanity and the Iowa City Housing Fellowship will lose every construction year because they will not have the land on the Peninsula to build on. So this is our dilemma. Pfab: (Can't hear). Habitat isn't going to get any land there are they? Lehman: Habitat may (can't hear). Champion: They could if a lot came up. Vanderhoef: They need money to pumhase (can't hear). Pfab: Them is a possibility that Habitat could get in there? Champion: If they could buy a lot. Vanderhoef: It is possible. Pfab: (Can't hear)? Champion: Sure. Lehman: It is possible. I don't (can't hear). Vanderhoef: Those will be open to the public. O'Donnell: That was Dee's proposal. Champion: Yeah, it is probably unlikely but it is possible. So this is the dilemma we are in when we don't have money to give to the Iowa City Housing Fellowship to buy these lots that are available in the first phase of the Peninsula because they are not going to be available in the second phase. Is that correct? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 66 Vanderhoef: Yes. Champion: I really did not understand that. So we have to have the money for the Iowa City Housing Fellowship as far as I am concemed because it is such an important and integral part of that community. So I don't want to say that you are going to be dropped dead in the water because you could reapply and you are starting phase 2 and the third and final phase, right,- there am four phases? Bums: There are four phases. Champion: So, you have two phases left. So, I mean, I think we are in a real dilemma here. I am in a real dilemma. But I feel so strong about that Peninsula having mixed housing that I have to have the money for it. Pfab: I have a question. Is there any other funds to help finance Greater Iowa City Housing Authority in that Peninsula area from any other source that the City has right now? Atkins: You have available to you something called the Affordable Housing Funding Pool. That is the $150,000 we budget. If you will recall, Steve mentioned to you last night that those monies are available and in fact I laid a memo at your spot to just kind of encapsulate what he had talked about. Those monies are available to you. However, the policy which you have on the money doesn't quite fit with these particular uses. But again, it is your policy. Pfab: So you are saying the policy could be changed? Arkins: It is your policy. All you need to do is convince the majority of the Council that you wish to use those monies in that fashion. Now, I would remind you that the money is available, it is somewhat of a contingency in the sense of projects that come along- we have money available to us so we can move fairly quickly. It is a matter of what priority you place on it. Pfab: So in other words we could draw down the contingency funds to- Atkins: You can draw down that affordable housing funding pool as you see fit. Them is $150,000 budgeted. Pfab: It also has a peril to it. Atkins: Absolutely Irvin, there is a peril to it. And it is General Fund. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 67 Pfab: Okay. One other question. Is it possible that any economic development money could be used to do that? Atkins: That is clearly a policy that you all have to decide. Pfab: But it is something that could be done if the Council decided to do it7 Atkins: Within the laws of the state of Iowa, you have pretty broad authority to do whatever you want to do with your budget. Pfab: Okay, so in other words- Atkins: Remember, most of these monies I am talking about are in next fiscal year. Pfab: Okay, now, if it was possible and if the Council made the decision to use economic development funds, are those funds available for this project7 Atkins: The money is available for the project if you determine it is available for the project. Pfab: So what I am saying is if Bob can come up with the $40,000 tax credits and we have other funds available to fully fund the Greater Iowa City Housing Authority we could end up with a home run. Arkins: That is your call. Pfab: But it is- there is nothing- the funds are available and there is no law or no commitment on funds- have on those funds that we couldn't decide to use7 Arkins: Other than your own policy commitment for money. Pfab: Right, okay. Atkins: That is right. Pfab: That is all I wanted to know. Lehman: Further discussion on the amendment? Vanderhoef: I will just- I don't know what your thinking is on this Irvin, but from my perspective fight now with the Council policy also to expand economic development and build our tax base, to move money into housing versus into commercial industrial is not a priority. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 68 Pfab: Okay, it is not a priority- you know, a top priority- but if this- I mean, if this little project really goes is that going to definitely be an asset to our economic development? I think it is. That is the point where I am coming from. Atkins: And I would point out to you- I mean, you really have to make a very serious distinction that housing is an economic development activity that you all want to use public monies to support. I mean, we have traditionally- I mean, I can say Irvin- in fact, I just have to look at them today- we have had 43 single family housing permits issued since the beginning of the year. That means we are on our way to a good year of single family. Is that economic development? Karmer: Let me comment that. Pfab: Okay, go ahead. Kanner: We see in the Census figures coming out that the biggest population growing is seniors. I would venture to guess that seniors tend to bring money into a community that they don't use the resources that younger people use. So in that sense I would make the argument that one could say it is economic development that will drive our economy in a positive way just like having a multi-million dollar university right next to us, with those funds coming in. So I would like to see if we could find some way to save this project. Perhaps it is not ideal. I think we can reach some compromise. Pfab: Okay, are you finished? Is there any- is it not tree that one of our limited resources in this area to attract industry is workers? The availability of workers? Champion: I wouldn't think so. Atkins: We have very low unemployment. Vanderhoef: Well, to keep them. Pfab: No, no- but I mean- we have lost projects because we couldn't supply the labor. Is that not true? Atkins: No, I have never- that hasn't- Pfab: Is that not true with NCS? Atkins: No. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 69 Lehman: No, they never wanted to fill their second location. But that is another story. Pfab: But I am saying that is the underlying logic of where I am coming from. Kanner: But these are senior housing Irvin. Pfab: Oh, that is- yeah, that is a- Vanderhoef: So the Peninsula project is more apt to have housing for yotmg families as well as low income who will be workers. Kanner: Although we know our seniors are very vital in this community. Vanderhoef: Absolutely. Champion: You are dam fight. Lehman: We are all getting there. Pfab: But the other thing is if you take the money away from the senior project to give it- then you hurt that as (can't hear). Lehman: Let me just- can I (can't hear). O'Donneli: (Can't hear) that project. Lehman: I think Connie you explained something that I think is a valid point. This project is a four-phase project and obviously the second phase is currently under construction. There are two more phases. It is a project that should be able to be completed at some point. The Peninsula project- and I feel somewhat badly about this whole thing because I think that there is a certain amount of interest at least on my part to see that Peninsula project proceed as quickly as possible and as successfully as possible. And when there are 19 lots available at a one shot deal and if we don't purchase those lots, first of all Greater Iowa City Housing Fellowship loses part of their state funding because we need to fund them 100% in order to get the state funding. They will not be able to purchase the 19 lots. Whatever is not purchased are then lost for that particular purpose. And I do think that is a very high priority. I don't think we lose phase three at Foxboro because I do think that is available and it can happen again. But I am not personally interested in taking public money and putting it into this pool at this point. I think the $150,000 is in fact a contingency fund and it is one that we should guard judiciously until (can't hear). And I am also not in favor of This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 7o using economic development money for housing. I think that could be a difficult thing to defend. Anyway, other discussion? Wilbum: I am sitting here sorting through it again because I do feel the Peninsula is a priority. I am going to have to go with you because I can't come up with the money and ordinarily I would- if the projects were similar dollar amounts- similar allocations- then I would say take it. You know, you put a floor on the number of projects you are going to fund but in order to come up with that amount of money we would be wiping out 7 or 8 projects. So, I will have to go along with it. Karmer: Go along with- what is that? Wilbum: Dee's suggestion. Pfab: I have one other question that has been asked before. If we approve this is that the end of the project that anybody wants to bring up? Lehman: No, we will take each amendment as it- we will vote this up or down and go to the next amendment. Pfab: So we are expecting additional amendments? Lehman: That is up to the Council. Pfab: Well, I think they can all speak for themselves. Lehman: Well, I think you will find that out after we vote on this amendment and we ask if there are any more. Pfab: Is it unfair to ask before we vote? Lehman: I don't know the point of asking that. We are discussing an amendment and I think that we need to finish that discussion before we start another amendment. Is there further discussion? Champion: Do we want to discuss though, Dee's second part of the proposal and that was the Habitat for Humanity? Can you just explain- Lehman: That is part of the amendment. Yeah. Vanderhoef: That was part- Champion: Can you explain to me where that money would be used? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 71 Vanderhoef: It will be used to purchase lots for- Champion: As they become available? They don't have any in mind. Vanderhoef: As they become available. They don't have any in mind. It is when they become available. They would like to have two or three houses to build this summer and obviously the first thing they have to have before they can proceed is a lot. Pfab: And how much money were you proposing for that? Vanderhoef: It is the remainder. It is around $34,000. Pfab: Okay, could that money come from that contingency fund without hindering that? Champion: No. Vanderhoef: No. Lehman: It could come anywhere we want it to come from. Pfab: Okay, so that is a possibility? Lehman: It is a possibility if the Council is interested in entertaining that. Atkins: IfI did my arithmetic correctly, Dee, what you are proposing is that Foxboro Ridge project be eliminated at $234,000 and $200,000 of that $234,000 be applied to Greater Iowa City and $34,000 then be added to Habitat bringing it to $25,000 plus $34,000- so, $59,000. Vanderhoef: And those are rough numbers and I just said fully fund because it didn't take quite $200,000. And I am not planning to go over the amount of the request for Greater Iowa City Housing. Atkins: Can I assume Steve that Habitat for Humanity's projects are substantially family? Vanderhoef: Yes. Atkins: Family housing? Nasby: It is family housing. That is correct. It would be a homeownership. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 72 Atkins: So we understood-just what kind of policy position you are shaping here is more family than senior. Lehman: Right. Atkins: Okay. Kanner: Can you respond to the proposal that Bob made about the enterprise housing? Nasby: The enterprise housing is something that we hadn't been asked to look and we certainly would be able to look at it for these types of developments. If it is something we want to pursue as a community I think that is good. What I would suggest though is we look at all the tracts that would meet those qualifications and either run those through the Housing and Community Development Commission or Planning and Zoning to kind of prioritize those. Because we are talking about a limited about of land that can be designated, I think we would want to look at all of the tracts that might qualify before we go ahead and just do one. Vanderhoef: To see which one is most needy? Nasby: Yeah, I would like to do that. Vanderhoef: I need more information on it and I thank Bob for bringing this to us. I think it is important to know every avenue and every possibility out there. This is sort of the 99th hour and we if can look at it in the future I will be very happy to do that. Pfab: I have a question. If we table this would you know by next meeting- Champion: We can't. Lehman: We can't table this. We have to act tonight. Nasby: We need to get it completed and sent to HUD by the 15th of May. We are under that deadline. Pfab: But we have some special sessions already scheduled and there is nothing to stop us from another special session. Nasby: That is Conncil's prerogative. Kanner: Thursday we are meeting. If the Council majority wanted to we could do it on Thursday. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 73 Champion: I don't think two days is enough time to give staff time to look at enterprise funds and go through maps and Census (can't hear). Vanderhoef: No. Atkins: I want to also remind you historically about- I mean, and I have no trouble pursuing the enterprise zone concept but I feel compelled to point out to you that of all the projects that have any kind of public subsidy, the most difficult to place in our community is family. We have all been through- in the time that I have been here- zone change proposals where family housing has been considered and before you designate a tract, a substantial piece of the comnaunity as one of these enterprise zones I think you want to approach it in a very detailed, thoughtful, take your time, public hearing, walk it through-. Please, don't allow yourself to be stampeded into doing something that I think you may regret later on. The idea has merit because of the financing opportunity but I think Steve is absolutely right. Take your time to do this please. Lehman: Are we ready to vote on the amendment? The amendment being that we fully fund the Iowa City Greater Iowa City Housing Fellowship and increase the funding to Habitat for Humanity. Pfab: Let me ask you this. What would happen- would you consider a friendly amendment to your amendment here to change the fully funded Greater Iowa City Housing Authority and leave the rest of it with Foxboro- is that the name? Champion: I don't think that would do them any good. Pfab: It won't do them- will it- it may not make them home but it would- everything would help. Kanner: No- well, we could ask but I don't think $34,000 would do much for them. Vanderhoef: The only thing I think we could do is put it into a contingency fund for emergencies. Lehman: (can't hear). Vanderhoef: But because it is going to a family housing I am not going to support that. I want to get the family housing. Pfab: I am not stopping that part. Let me ask- would you speak to that? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 74 Burns: I haven't looked at what it would do to the project to just have $34,000. But the only thing I had looked at is that if you took approximately 12% from every project you would be able to do all the projects. Instead of taking it all from one you take 12% from each one. I did that calculation before I came up with the $40,000 enterprise zone figure. And the district I propose is only 1/10 of one percent- less than 1/10 of one percent of the total area. You would have plenty of opportunity to add zones. Sometimes you have to do things expeditiously in the development of affordable housing. Kanner: 12%- some of the things we have set aside already (can't hear) we have to subtract that (can't hear). O'Dormell: I am prepared to (can't hear). Pfab: Can I ask you a question Bob? So, are you saying that you would turn up your nose if you get the $34,000 and walk away? Bums: I didn't say that. Champion: But it wouldn't help him. Lehman: Let's- we are going to vote on the amendment as it has been presented. All in favor of the amendment to fully fund the Greater Iowa City Housing Fellowship and to fund Habitat for Humanity for the balance of the amount that was previously recommended for Foxboro say "aye". Opposed? The motion carries 5-2, Kanner and Pfab voting in the negative. Further discussion on the motion as amended? Vanderhoef: I just have one comment to make and I have made it somewhat last night also. We are plowing some new territory with micro-enterprise business startups and I find that I am certainly not qualified to judge the ability of a business and I think it is going to take some staff and also some outside consultant work to do this. So, with that said I will support the economic development- well, all of the rest of the fanding for the plan with the understanding that the HUD guidelines on the feasibility of the business is established by consultant staff and so forth before any of the monies are released. And this is basically a fund HUD requirement. Lehman: Steve, could you address the manner in which- I think what Dee is saying- and I personally concur with it- is that if the recommendations for the economic development projects are not solid financially- and I hope- is there a method that you are going to have to determine that? Because I think we need to know that we are making a good investment. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 75 Nasby: Yeah, what we would do through our regular due diligence now if you will approve the plan would be to work with those recipients to develop their formal business plan and then look at that to determine the feasibility of the business. I did talk with both Extend the Dream people and the Ruby's Pearl folks in the last few days. The Extend the Dream people are working with the University of Iowa and they are going to be preparing a formal business plan for Extend the Dream but also for each one of the micro-enterprises that are going to occupy the space. And I talked with the Ruby's Pearl folks today and they are open to going through some type of formal training through the small business development center or ISED to go through that training to prepare that formal business plan and then sit down with a third part to determine the feasibility or any deficiencies that we would (can't hear). Lehman: And then the money would be allocated based on the fiscal soundness of that financial plan? Nasby: Yeah, we would probably do it in kind of a letter of credit type arrangement where we release chunks once each benchmark is met. Lehman: Okay. Pfab: So basically what Dee was requesting you are already on the road to doing? Nasby: We are obligated by CDBG rules to make sure it is feasible. Now, small businesses as you pointed out are extremely risky. So, we are going to take (can't hear). Pfab: But HUD takes that (can't hear) also. Kanner: What percentage of the $20,000 for Ruby's Pearl is a loan? Nasby: 100%, Karmer: It is all a loan? Nasby: That was what the Commission recommended. Kanner: Okay, I thought some was a grant. Nasby: They requested part grant and part loan and the Commission recommended the loan portion of the request. Kanner: And what is the percentage rate and terms for length? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 76 Nasby: We will talk to Ruby's Pearl folks about it. They need to go through that formalized process to determine what their needs are what their cash flow requirements will be. So, we will do that after they have gone through that process. We will probably do a two-part agreement. One to give them the monies to go through that process and then if they are successful we will do the second part of the agreement which will then release that money in chunks. And they are open to that. Kanner: What is the criteria you will use to determine if it is feasible? Was that the (can't hear)? Nasby: I think we talked about with Ruby's Pearl I talked to them about sitting down with an independent third party such as an accounting firm or somebody to go through that business plan. Lehman: That would be done professionally by someone who can interpret financial plans? Nasby: Yeah. Vanderhoef: Actually, in visiting with Steve, I understand that we can use CDBG monies to hire the consultant to help us with these things when we don't have in-house folk to take that lead. Nasby: Yeah, I am not expecting that would be very much. We had a professor at the University provide us that function one time and I think he charged us $100. It would be a good investment. Karmer: So the business won't have to pay for this then? Vanderhoef: For the feasibility study, no. Kanner: Okay. Nasby: The training portion probably would come out of their grant but the feasibility study we would absorb that through administrative budget. Champion: Anybody who starts any small business needs to do those things. I mean, they need to be done. Pfab: And I think that also we have to understand that even if they go through all the steps there is still no guarantee and that doesn't make it wrong. Champion: Of course not. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 77 Lehman: No, but if the plan isn't valid then they won't get the funding. Vanderhoef: The whole point is we want them to succeed so if this is the way we can help them succeed, then let' s go through all of these steps. Kanner: I am going to vote for what you are saying Dee. And I just want to make a note that to me one of the exciting things about their business proposal is this is what we are looking for in downtown- altematives to just bars. This is something that could hopefully attract young people, especially that are looking for alternatives to the bar scene. Women's health and sexuality- and I think it is a great thing to have in Iowa City, what Ruby' s Pearl is proposing. Lehman: Is it Steve- and I think this is the right time and if it isn't tell me- Economic Development Committee has made a recommendation and I think the Council has received that recommendation, should this be- in the future allocations of CDBG monies that a percentage be allocated to an Economic Development fund to be administered by the Council and a Economic Development Committee of the Council- should that be a part of the motion that we are going to approve? Nasby: Not this evening. That would be related to the City Steps- the 5 year City Steps Plan. Lehman: That comes up later? All fight. Nasby: That comes up later. If you want to change the percentage. If you just want to allocate dollars off the table like Aid to Agencies, that requires a majority of the Council. We can do that at any point but if you want to change that- those percentages- that would require a public hearing and a public process. Lehman: All right. For the time being is there any other discussion on the motion as it has been amended? Pfab: State the motion again would you please? Lehman: The motion is that we approve the- Pfab: Okay. This is for the whole (can't hear)? Lehman: This is the whole ball of wax. Pfab: Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #18 Page 78 Lehman: Roll call. Motion carries. Karr: Do we have a motion to accept correspondence? Vanderhoef: So moved. O'Donnell: So moved. Lehman: Moved by Vanderhoef, seconded by O'Donnell to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #23 Page 79 ITEM NO. 23. CITY COUNCIL INFORMATION Pfab: I have one item to start with. Lehman: Yes? Pfab: Can you give me a- is there a progress report on the school walkway over by Weber School? Did you know anything? Atkins: I know that the schools have agreed to pay 50/50 with us. I do know that they were securing a contractor but I did not check it today. I will check it tomorrow for you and I can let you know. Pfab: So as far as you know it is about ready to pour concrete? Atkins: As far as I know, no hitches. Pfab: Okay, I will have one other thing afterwards, but go ahead. Champion: No, go ahead. Pfab: I have to work on it a little bit. Lehman: Connie? Champion: I don't have anything. O'Donnell: Just one thing. To follow up on what Emie said earlier- Vanderhoef: Pancake flipping. O'Donnell: We are going to be cooking breakfast for the Crisis Center at St. (can't hear). It was very successful last year with the only complaint being Ernie's inability to keep up his end of the grill. And through proper training Stmday Ernie I am going to bring you along. Lehman: Actually, folks will have an opportunity to express their preference on Sunday. The good ones from me or the ones from you. O'Donnell: But there is a lot of things going on with the Crisis Center. KCJJ is having the fundraiser and a food drive and I think they are after like $7000 and 7000 pounds of food. So, there are many things good in the community happening for the Crisis Center. We are happy about that. Lehman: Dee? This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #23 Page 8O Vanderhoef: Just a couple of announcements. Through the East Central Iowa Council of Governments, which is our planning agency for all of our waste in the region, they are sponsoring a free tire check May 5 at several dealers who are participating and taking part in all of this with us. And I want you to know that from 8-11 Iowa City Tire and Service at 410 Kirkwood in Iowa City, Linder Tire Service at 632 South Riverside Dr, and I will also mention Dusty's Tire and Service Company at 721 2nd Street in Coralville- all of these place will be doing free tires checks if you want to drive in between 8 and 11 on May 5. Then a second announcement is a special zoning seminar focusing on the City Planning Commission and Board of Adjustments. I put this in your packet. This will be held on Thursday May 24. It is on the 4th floor, Council Chambers in Cedar Rapids. This is also being sponsored by the Regional Planning (can't hear). So, if you want more information you are welcome to call me. Otherwise it will be available in the City Clerk's office because it is in the packet. That is all. Thank you. Lehman: Ross? Wilburn: Nothing tonight. Lehman: Steven? Kanner: A few things. One, we got a- Council Members got a listing of all the construction activities and I wanted to thank the staff for this. It is a real nice map. It let's you know how much we are doing. 35 projects are listed here and I wonder could the community and citizens get one of these if they so want it? Arkins: That is a good idea. I will have some printed up and we will put them out in the lobby so if people come in and out of the building you can pick one up. Kanner: It really gives you a good sense of what we are doing with our tax money for Capital Projects. Lehman: The paper might be so kind as to maybe print that too. Or maybe not. O'Donnell: Which one? Lehman: Maybe not. Kanner: (Can't hear) the paper, that is a good idea. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001. #23 Page sl Atkins: I think they have a copy. But I will see that they get another one. Karmer: A couple of other things. May 4 is the Public Access TV's 11th birthday bash. That is Friday from 3-6 pm. They are on South Dubuque near the railroad tracks. PATV's birthday bash. And I also wanted to wish all the workers in our community a happy May Day today- an original American holiday celebrating workers on May 1. Pfab: Even though the Russians took it over. Vanderhoef: And I will have you know that my granddaughter brought me a May basket today, (can't hear) Vanderhoef, 2 years old. Did you get one? Lehman: I am jealous. Vanderhoef: I figured you would be. That is why I mentioned it. Lehman: Irvin, are you ready? Pfab: Yes I am ready. Steve, what has happened about- I see we are going to be going to the market for a lot of bonds. I want to know what progress has been made or what the determination has been made about internet bidding? Atkins: Nothing has changed Irvin. I continue to recommend we bid in a traditional fashion. P fab: Okay. Lehman: I just have one thing. And Ross and Dee and I have been making visits with some of our local larger employers to see what their perception of the City is and what we can do for them and what they can do for us. And there have been some very, very meaningful visits with David Schoon who is our Economic Development Director. And I don't know what you have found but I have found almost every person we have talked to- folks have been extremely complimentary of your staff Steve. Andtheir willingness and eagemess to help these folks when they have projects that need to be done. And you know, during a time when we get criticized so much for not being friendly and whatever, these folks are adamant in how happy they are with how our staff works with them and I trust you will let those folks know. Atkins: I think you just did. Lehman: I hope I just did. This represents only a reasonably accurate transcription of the Iowa City council meeting of May 1, 2001.