HomeMy WebLinkAbout2001-06-26 Transcription#2 Page 1
ITEM NO. 2. MAYOR'S PROCLAMATIONS
Lehman: (Reads proclamation).
Karr: Here to accept are members of the project committee.
Karen Kubby: Mayor Lehman and City Council members, on behalf of the community
and the organizations that make up the Organizing Committee- the
Johnson County Historical Society, the Iowa Women's Foundation, the
Iowa Women' s Archives, the Women' s Resource and Action Center, the
State Historical Society of Iowa, and the Emma Goldman Clinic- we wish
to applaud your recognition of Mayor Harvat and thank you for your
commitment to honoring our local history. This is especially important
when our history is part of breaking barriers for people who are
traditionally part of oppressed groups in our society. And on the back wall
of now the Emma J. Harvat Hall, which is very nice to say, there are
pictures of all of the mayors of Iowa City. And the portrait- the picture of
Mayor Harvat is there with the other mayoral pictures, but in the
centerpiece of the wall now will be a portrait of Emma J. Harvat. This
portrait was created and donated by Kathleen Rush, artist and owner of the
Art Mission, who will now unveil the portrait of Emma J. Harvat. As you
are making decisions on a bi-weekly basis look up and look in her face
and say, "what would Emma J. Harvat do?"
Lehman: That is a pretty tough assignment, you know? I think this is really a fun
occasion. I remember when I was first approached by this- it was by a
member of the folks working with you Karen, and I was given a copy of
the (can't hear)- is that correct? That was a remarkable article about this
woman. She wasn't just a woman mayor. She was a damn good mayor.
She was quite a lady. It was a great article. And I think, you know, this is
Emma J. Harvat Hall- my suspicion is it is going to be Harvat Hall. I am
sure the Council shares the pride that we have in naming that this evening.
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ITEM NO. 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by Vanderhoef. Discussion?
Kanner: A couple of things Emie.
Lehman: Yes?
Karmer: First I wanted to point out that we are doing some renewals for liquor
licenses. A number of them are retail outlets which we don't have figures
for as far as any possible possession under the legal age. My
understanding is that will change in the next month or so. We will get
figures for all of our licensees that are up for renewal. And the ones that
are listed- Eagles and Veterans of Foreign War had no visits and no arrests
for people under the legal age. I also wanted to also mention that we are
renewing licenses that we do on an annual basis for about 75 tobacco
permit holders (can't hear) to sell tobacco within the city limits. There are
a few that had actually more than one citation for selling to people under
the legal age- the way I read it. And, at this time I am not going to read
who they are but I think in future years we should pay more attention to
our renewal process. I also would like to point out that we are going to be
accepting our first fine from a store with the new enforcement methods
that we approved for $300 for selling to an underage person. And I think
it is good and bad news. It is bad that this event did happen and that they
are selling- their employees are selling to underage. But it is good in that I
think that hopefully the word will get out that we are serious about
enforcement of the laws in regards to selling to underage people for
tobacco products and that if your employees violate the laws you as the
store owner and the licensee will be subject to a $300 fine. So I am glad
that we are doing that now. And I wanted to point that out.
Lehman: Other discussion? Roll call.
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ITEM NO. 4. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
[UNTIL 8 PM!.
Lehman: This is a time reserved on the agenda for folks who would like to address
the Council for items that do not otherwise appear on the agenda. If you
wish to speak to the Council please sign in, give your name, and limit your
comments to five minutes or less.
Rowly: I am Charity Rowly. I represent- I am on the Senior Center Commission
and I would like to give you a report from our last meeting, which was last
week on Tuesday the 19tn. We are looking forward to the completion of
the skywalk connecting the Tower Place Parking and the Senior Center.
And we plan to recognize all the skywalk donors. As you know, on
Channel 4 Barbara Hackman of the Senior Center Television has been
producing an excellent series of programs documenting the construction of
Tower Place and the skywalk. They have been shown several times
before and they will be shown again during this month. The Senior Center
Television is preparing a video on using the ramp for those people who
feel insecure about using a new ramp. And we are going to have that in
place for people. There is a new sign-in and validation process that is in
place now to help us with using and tracking the new parking
arrangements and the system is working very well. We are pleased that
Chauncey Swan Parking on Saturday during the Farmer' s Market times
will- that those parking permits will be honored at Tower Place. We are
looking forward to adding benches along the second floor corridor to help
those who come off of the skywalk and go to the elevator. We will have
new host guides. They are being trained. And we of course now have
three entrances to the Senior Center, so we are going to need those host
guides. In the Senior Center agreement that exists between Iowa City and
Johnson County under 28(e) of the state code is under discussion and we
are pleased about that. We have copies of the revised Operational
Handbook that has been printed and are available for public review at the
reception desk in the main lobby in the mezzanine library. And when the
skywalk opens we will have an additional copy there. We have begun the
formal process of accreditation by the national institute of Senior Centers,
with the filing of application materials. Up to this point we have had nine
meetings with input from nine committees that have met with input from
the community at large. This is that we have begun the formal process
now with applying with all of our documentation. We are still learning
our new database. Sometimes we even succeed at it. We have begun- the
waterproofing project is half done and it included a rerouting of some of
the drainage tiles in order to accommodate the placement of a limestone
display- the limestone piece that came out when we put in the skywalk.
And there is a plan underway to replace the north doors to the alley and to
ensure the stability of the foundation under the granite steps in front we
discovered when we replaced- looking at the drainage that there was some
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problems there. Elder Hostel has given us development status to our
Center for Learning and Retirement, and we are going to have a public
information program involving speakers from other creative retirement
programs from around the state. And Senior Center TV will videotape
this. We are planning to collaborate with both Kirkwood and the
University during the development implementation of this program. The
Senior Center TV has four new volunteers and is very pleased to be able to
use the expertise of Channel 4 as needed under our arrangement with them
to oversee theirjanitorial supplies and work. And last but not least we
will be raffling tickets for this year's quilt at the County Fair and at the
Gilbert Street and Coralville branches of the Hills Bank. Thank you.
Karmer: Charity, I had a question for you.
Rowly: Yes?
Kanner: It is good to see all of that activity going on. At a previous meeting Linda
had mentioned in response to a question about being able to use the ramp
after hours- after 5:00- some people and community groups are allowed to
rent out space in the Senior Center and I had some concern that they
wouldn't be able to use the sky ramp. And Linda said there was
consideration of opening a room right offof the sky ramp and blocking off
the rest of the building. Do you know if there has been any further
discussion about that?
Rowly: I don't know anything about it yet but I will take that back to the Senior
Center Commission. Thank you.
Kanner: Thank you.
Rowly: Okay.
Ramsey: Hi, my name is Dan Ramsey. I just want to thank the City Council, the
City Attorney's office, the County Attorney, and the Iowa City Police
Department for issuing fines to retailers finally. I supply the kids to the
police department for a lot of the compliance checks that they do and I get
a lot of reports back from these kids about how they go in to certain
businesses and a 15 year old will sell them cigarettes. Well, the 15 year
old sure isn't at fault. But my question that always comes to my mind is
has that kid been properly trained on selling cigarettes? And I think most
of the time obviously not. I mean, otherwise they wouldn't be selling
cigarettes to other minors. I think that this fine being imposed is a good
thing because every day in the State of Iowa 33 kids start smoking. Every
single day in the State of Iowa. Where do those kids get the cigarettes?
Kids are pretty resourceful, kids are pretty smart. And a lot of times they
can find a place that will sell them cigarettes. These kinds of things- this
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kind of fine that we have been after for actually about three years we are
very happy to have it. We think it is going to make a big difference in
tobacco control sales to minors in the State of Iowa. Thank you very
much.
Lehman: Dan, I think other communities in the state are doing the same thing.
Ramsey: Other places-
Lehman: I think there is a real effort around the state.
Ramsey: You are right. There is a real effort around the state and because of
tobacco settlement money we are using some of that for enforcement. But
it is a real (can't hear) to see it here in Iowa City and in Johnson County.
Thanks.
Lehman: Thank you.
Baca: Hi, my name is Eric Baca. I am a resident here and I am an artist by trade.
I wanted to come here- this is my first time- I wanted to come here to
express my concern about the Latino Native American cultural center. It
is over there on 308 Melrose. It is a center that is part of the University
Complex. There is some controversy dealing with that center including
the Afro Center. They want to tear them down and build dormitories there
and put the centers in cubicles. We- that is the Latino Native American
Cultural Center users- are against this. And we believe that most of the
people at the Afro-American Cultural Center are also. And I wanted to
express my concern about this because we believe that this center has a lot
of history. There is a lot of artwork in there. If any of you as individuals
are curious about what that center is about you should go and check it out.
Visit it and see what is going on there and see the artwork and the culture
that we made out of that building. That is a very important issue to us. It
is one of the few places where- it is like a sanctuary for a lot of Chicano,
Latino and Native American people here in Iowa City. It is a place where
we can relax, study, interact with each other, socialize. We have parties at
that building. We have meetings. There is going to be a 30-year
celebration July 6-8 there. A 30-year reunion rather by alumni and other
people that have used the place. So I wanted to express my concerns
about our fears that this cultural center might be tom down. I also would
like to let you know once again that the students are opposed to this. We
want to see that place designated a historical site and maintained and
remodeled wherever necessary. But once again, if any of you are curious
just go to the center and check it out for yourself and see what we have
going there. It is not as busy now in the summer as it is during the fall.
That is what I wanted you to know about, that there is going to be
controversy here because they seem set on making dorms there and I hate
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to see a confrontation come about between the administration and the
students and other residents. Hopefully we can resolve this without a
whole lot of controversy. Thank you.
Lehman: Have you made your feelings known to the University?
Baca: Yes, we have had meetings with Phil Jones and we talked about this. He
knows how we feel and they know how we feel. Hopefully, like I said, we
won't have to have this battle that (can't hear) it is very important to us
and it is a useful place and a place with a lot of history. And it is one of
the few places we have here in Iowa City.
Kanner: Eric, is this a place that non-students also feel comfortable going-
residents of Iowa City or surrounding areas?
Baca: Yes. We look at the place as a sanctuary for us but it is not exclusive.
Anybody can come there and use it.
Pfab: What was that address again?
Baca: It is 308 Melrose.
Pfab: 308?
Baca: Yeah, right across from the Boyd Law Building.
Kanner: I had a question for Steve and Sarah and perhaps Michael. If the buildings
are found to have any historical significance do we have any say so over a
University Building if we were to consider it as a historical landmark?
Holecek: Well, it wouldn't be based on any historical significance. Of course, as
outlined in state law, you have to have specific findings as to historical
significance.
Kauner: Right, I am saying if we did do we have any say so over the University?
Holecek: It depends. It is actually a balancing test of the harm that could be done or
who is doing the most public benefit. When you are looking at zoning
laws of the City visa vi the law of the University. So, there is a balancing
test.
Kanner: So it is something that could be looked at perhaps. And the other question
is Steve, to your recollection has the City ever given any financial support
to any student groups that are working with the cultural centers.
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Atkins: In my tenure I don't recall whether we have given any cash contributions.
I mean, I know we are aware of the organizations that Eric is talking about
but I don't think so.
Kanner: It seems that they are a community resource that at least there ought to be
a discussion on the part of Cotmcil to see how it fits in with our whole
scheme of how we want to make people feel comfortable and see what is
the best course of action for that. I was wondering if the Council had any
similar concems or wishes to pursue this perhaps in a work session.
Vanderhoef: I am not real clear what you are asking here.
Kanner: Well, the idea of a cultural center is because my understanding is that
there are minority groups that want to feel comfortable in a place, let' s say
for empowerment. And so I think that is something that concerns me as a
Cotmcil Member of Iowa City. I want to find out how to empower people
and how to make people feel comfortable in Iowa City. And it seems to
me that this is something that we ought to talk about if we need to support
in some way- not necessarily that we have to agree where the housing is
but just the whole general concept. I don't know if we have talked about
that. And especially in terms of Govemor Vilsack's call for more workers
to come in of diverse backgrounds. And so it seems to me that this is the
only cultural center for Chicanos and Native Americans and Latinos in the
City. Maybe it is not. That is one thing I want to talk about- what
resources are there? Is this a major resource and is it something that we
should support in some way? It could be financial or it could be other
ways. And so I would like to have a work session on this and talk about
this.
Vanderhoef: I think this is a worthy cause for anyone who chooses to volunteer. I am
not sure that it is the purview of the city at this point in time and I would
rather have them come with a specific request if there was something that
they thought that the city could participate in that would take care of
everyone. So, a little more information from them might be more
appropriate at this time.
Pfab: Building on what both of you said maybe it would be a time at a work
session or at a public meeting that we could invite them to come if people
have any ideas. And that would take care of Dee's interest in it and also
yours. So I think that might be something that we may want to consider at
a work session that maybe setting up a time to invite people who are
interested in that to come and make a presentation or just come visit.
Atkins: Ernie, I don't think it would too difficult. Why don't I round up some
information about the Center and I will package it up and I will get it to
you.
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Champion: And see what the University plans on doing.
Atkins: (Can't hear). But I will get a package of information together for you.
Lehman: Well then based on the information we can decide whether or not we want
to make it a topic for a work session.
Atkins: Then you can decide where to go. I will take care of that.
Kanner: And if- like Dee was saying- if folks at the Center are interested in
involvement with the City in other ways they could present something to
us if there is interest on that (can't hear).
Lehman: Okay.
Baca: It is going to be students that will coordinate all of this. I am just a
resident. I am an artist. I helped with the upkeep of the art there. I am
doing a mural there right now. I really do hope that you folks here as
individuals take some time out to go look at the place and see for yourself
what is happening there. Thank you for this. This is my first time
speaking. I hope you pay attention to this issue here because it is very
important to the Chicano and Native American students that this Center be
kept alive. Thank you.
Vanderhoef: Thank you for coming.
Pfab: I would like to thank you for coming to bring this to our attention. I
appreciite it.
Lehman: Any other public discussion?
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ITEM NO. 5a. CHANGING THE ZONING CODE BY AMENDING THE
PLANNED DEVELOPMENT HOUSING OVERLAY, OPDH-8,
PLAN FOR ARBOR HILL, AN 8.2 ACRE 17-UNIT RESIDENTIAL
DEVELOPMENT, LOCATED NORTH OF WASHINGTON
STREET ON ARBOR HILL CIRCLE. (REZ01-00006).
1. Public Hearing.
Lehman: This is a continuation of a public hearing from June 12. The heating is
open.
Franklin: Just to let you know that we do have a signed conditional zoning
agreement. To my knowledge the protests have not been withdrawn,
which means that it still will require an extraordinary majority vote- 6 out
of 7 of the Council- to approve this.
Lehman: Thank you Karin.
McCarrigher: Jim McCarrigher. I have looked over the conditional zoning agreement. I
have spoken with both Dave Hodge and with Larry Schnittjer in
connection with the grading. It is my understanding that the initial
grading will be done before the road is put in and it is my understanding
that in that initial grading that everything from the west front portion of
those buildings that will be aligning the east side of the property just
adjacent to our property, all the initial grading will be graded to the west
before the road is put in so that the water will mn toward the west and that
the grassy area that is to the east of that will not be disturbed. And I guess
I would like to see that in the agreement or at least an understanding of
that so that goes forward. It is also my understanding that when the south
three buildings on the east side of this development- that if the ground
behind it is disturbed, either filled or cut away that because of the large
trees and area that are there now that that will be sodded as opposed to
seeded. My concem there was we have got the silt fences to stop the mud
but the silt fences are intended to let the water through. So if we don't
have some way of stopping the water and it is not seeded to help absorb
that water- I mean, it is not sodded to help absorb that water- we are going
to have a lot of water come through. So I am concerned that on that east
side that is coming our direction that the property be sodded if it is
disturbed so we at least are replacing rooted trees and grass with grass as
opposed to- and it is my understanding talking with Dave and with Larry
that they are willing to do that.
Lehman: Let me ask you this question. There were a number of issues that were
brought up two weeks ago.
McCarrigher: Yes.
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Lehman: Most of which were already covered by city ordinances, but some were
not. My understanding is that those agreements are in place. Does this
basically satisfy your concems with this project?
McCar~gher: Yeah we are waiting to see that this is also- that these are also put into the
covenants of the condominium regime that is going to be put in so that it
ties into that. Obviously, you know, from our standpoint we are having to
do what you do and rely on science which we have been told isn't exact.
But they are doing the best they can. As I have indicated to the developers
if it works we will all be happy. If it doesn't work we don't want to
indicate to them that we are not going to not come after them because if it
doesn't work and we get a lot of water we are going to want to try to go
somewhere to see what we can get done with it. So, in that sense we are
certainly happy with what they are doing and that they have gone I think-
to Dave' s credit and to Larry and his people at MMS- they have gone out
of their way to try to change the roofline and do things that will help the
problem that we have and we are very grateful for that. We are just
always trying to look at the things- and these last couple matters came up
and we have been talking with them about that just because of the silt
fences stopping the mud but we are still concerned about the water coming
through.
Pfab: I would like to ask you a question Jim. When I look at this project it
puzzles me and that is there is obviously a problem getting rid of surface
water. Now, we are going to jump through kind of backwards a number of
hoops by piping the water underground from the backside of the roof to
the front and have it run out that way. Is somebody missing a simpler
solution?
McCarrigher: I suppose a simpler solution would be to put in a drainage system in
behind all of our yards and run it back through the open ditch area down
into Ralston Creek, much as I think I have talked about before they did at
Mayfield. But I am not sure that that is a simple solution for you guys.
Lehman: Not only isn't it simple but I talked to Rick Fosse who is the City Engineer
and in fact Rick went out and looked at the project at my request because I
was out there obviously with you and some of your neighbors. And I very
much respect Rick's opinion. And he called me yesterday. He basically
feels that the calculations by the engineers are correct and that if it is built
the way that it has been indicated that it will be that it will not present any
problem. But even if we had the money to put pipe underground behind
your property we would create a problem downstream that we absolutely
could not handle. That is the situation that there is- I shouldn't say that
there is no solution- but the solution is so complicated that it is unreal.
What we have to be very concerned about is we don't exacerbate the
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situation that is already them. There probably is very little that we can do
at this point. Although as development occurs upstream from you it is
possible that that can be alleviated somewhat.
McCarrigher: Did he tell you who put the drains in?
Lehman: I didn't ask him. I did see them.
McCar~gher: Thank you for listening.
Kanner: Let me just get this straight. The two things that you are concerned about
are not having- not guaranteeing that there be sod? You assume that they
will put sod down. You would like to see that in our conditional zoning
agreement? And the second thing again could you tell me that?
McCarrigher: The second thing is in the initial grading my understanding is the way they
are going to approach this project is the initial grading will be just to grade
the land. The road will not be put in until a later time. So on the initial
grading when they are grading the dirt away basically we want to make
sure- and they have indicated they would- that they grade- the initial
grading would be done at the front portion or the west portion of the
buildings that are on the east side of the development and it be graded
west or graded away from us. And that the grassy area then that is to the
east of that location would remain so that actually during the initial
grading all of the water in that area is being channeled away from us down
into the retention basin. And then they will come back later and do the
road. But on that initial grading we want to make sure that it is graded
from the west front portion of the property away from us or west. And
that is the other concern.
Champion: Is that- I am sorry.
Kanner: Why wasn't this brought up a couple of weeks ago so that it could be put
in the zoning agreement?
McCarrigher: I guess my thought was that they were going to put the road in right away
and that the road would be there. I didn't know how they were going to be
doing the development until I started asking questions about how the
development would proceed. And the proceeding will be grading first and
then later the roads and then later the buildings. And by keeping the east
side in grassy area until they put the buildings in that would of course hold
as much water as possible and absorbing in that comes down there and not
run everything. If you just flattened or you just took all the grass and all
of the trees out of everything it would leave open the water runnage that
we would be concerned because silt fences aren't going to stop water, they
will stop mud.
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Champion: Is that kind of thing dealt with in the grading plan Karin? Yeah. Okay.
Lehman: Okay. Thank you.
Vanderhoef: I have a question for Sarah. Jim brought it up about the Homeowner's
Association and it is real apparent in this CZA that there is some
requirements that go with the Homeowner's to maintain those systems of
drainage offof their houses and keep them open and clear and so forth.
What assurance do we have that the Homeowner's Association will be
formed and that the homeowners will recognize and know that this is their
responsibility?
Holecek: What we will do is in finalizing the OPDH plan we will draft a
Developer's Agreement which will then be recorded and part of anybody
who purchases one of the condominiums abstract. So they will see that
there is a Homeowner's Association. Number two, there will also be a
declaration of condominium when the project is built, which will mn with
title to the land to each of the units that is built. The homeowner will also
have that as part of their abstract and see that there are duties associated
with that as well. So when we finalize this project that will all be taken
care of by our office and recorded.
Lehman: Larry?
Schnittjer: I am Larry Schnittjer from MMS Consultants. Jim brought up a couple of
questions that I- some of them I hadn't thought of because they seem
second nature to me. But I will go through it with you. The sequence of
construction on this project will be number one, installation of silt fences.
That the (can't hear) and slopes and any places that show on the plans.
Number two will be grading almost the entire site to its general form that
is required. Number three is installation of utilities. Number four is
paving. And number five is building, in simple terms. There will be
seeding and sodding taking place at various times but primarily sodding in
the vicinity of the proposed structure because it slopes from the front of
the house to the back. There is probably close to a four to one, which is
required to get a walkout basement. And those areas will be sodded.
They are intuitive enough that we didn't think of them and Mr.
McCarrigher's initial list didn't list them. So it was just something that we
normally would do and didn't think about putting down on paper. As far
as his concern of having these in the declarations or the covenants or
whatever, putting them in a conditional zoning agreement has a lot more
teeth than covenants do. You have a code enforcement officer here who is
very diligent and we appreciate it. And anytime the neighbors have a
question or the developer has a problem, she is the first one out there to
see what it is and offer solutions. Or she goes to the engineering
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department to look for solutions or she comes to us. I think that Julie does
a good job and she is very conscientious. Any other questions?
Pfab: This might be a time to follow up on a question I asked him. It appears
that this development- and I am not opposed to development- I am
concerned of future problems that this development will cause the city that
we are kind of looking at it with a blind eye. Water is going to be there
and from what I have gathered just listening here tonight, it is going to go
down to some place and when it gets there we don't know what to do with
it.
Schnittjer: All the water in this development goes into a storm water storage facility
and is released slowly so that it gets into the stream after all of the rest of
the water has gone down.
Pfab: But where is this storm water storage facility then?
Schnittjer: It is on the site.
Pfab: It is on site?
Schnittjer: Yeah. It is already there. You can go out there today and look at it.
Pfab: So my question is what- does the water just kind of stay there until it
evaporates?
Schnittjer: It is like pouring all of this water into a bathtub. The bathtub has got a
small drain and it goes out slowly.
Pfab: But the comments that I heard here was when you mentioned to- even if
we had the money to do it it is so complicated we don't know what to do.
Lehman: There is a significant difference. What we were talking about, Jim and I,
is that if you put in a storm sewer that would accommodate the water
problem that is there now that doesn't control the flow. It just directs the
flow. This controls the flow. If you decrease the flow- decrease the
velocity of the water and retain the water for a period of time but the time
it gets into the watershed and into the creek this flow- this flood- is gone.
So then it becomes a manageable amount of water. It doesn't present any
problems for anybody. That is the whole principle of the stormwater
management ordinance.
Pfab: So what you are saying- this is for my clarification- so what you are
saying is by building a stormwater retention basin that we no longer as a
city have to worry about excess amounts of water getting into our (can't
hear) and overflowing or overwhelming them in other words?
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Schnittjer: That is an oversimplification. This is such a small portion of the
watershed that anything we do here will help a little bit. But you have got
a problem that exceeds that magnitude by many times with other areas that
flow into this watershed.
Pfab: So what you are saying is we are sitting on a time bomb?
Lehman: Irvin, I think our concern is if the engineering and the work that is being
done on this parcel is will this negatively impact a problem that we have in
that area now? The answer according to the engineers is no that it will
not. That it may make the problem less but in no case will it make it
worse.
Pfab: But it still doesn't solve the bigger problem.
Lehman: We are only dealing with this portion of property. We are not dealing
with the rest of it.
Pfab: I know. I am not- I have not said anything- I am not objecting to this
development other than the fact that it looks like we are jumping through
some unnecessary hoops by piping the water (can't hear).
Schnittjer: What we are doing with this piping system is going an extra mile so to
speak to minimize the amount of water that would go onto the neighbors
property.
Pfab: But isn't that the same water that is going to be held in the retention basin?
Schnittjer: Yes. We are actually taking all the roof water and all the front yard water
and our street water within the development and putting it in the
stormwater basin. We are not allowing any of that water to flow onto the
neighbors. There will be water that goes down the neighbors from other
areas.
Pfab: Other water will go down through the neighborhood?
Schnittjer: Water from other areas other than our development.
Pfab: Okay. So, the city still is sitting on a problem that hasn't been solved.
Schnittger: There is a problem there in that there was no stormwater management
required when that subdivision was built.
Pfab: Okay, as you can see I am concerned about it but I am not criticizing the
development or saying- it just looks to me because the bigger problem is
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#5a Page 15
not solved it is making the developers work and the homeowners living
there a more complicated situation with the other problem.
Champion: We would have (can't hear).
Kanner: Ernie, maybe this is something we have to look at if there seems to be
some agreement that it is a problem and that in a future work session we
should look at this for developments that were built before we had our
stormwater management regulation.
Lehman: I strongly doubt that this Council or any other Council is going to take it
under their authority to take taxpayer's money and correct a problem that
was created by a development for which the city had nothing to do. Now,
we definitely-
Kanner: That is not the only solution. There are other ways to look at it.
Lehman: I realize that but that is not the City's responsibility. We are controlling
whatever occurs out there now. What occurred prior to this frankly has
got to be the responsibility of the homeowners.
Karmer: Well development is our responsibility for regulation. And I think
whether it is post or pre we have that responsibility. And it might be
worthwhile talking about it.
Lehman: That is another discussion. I think it is one that we certainly wish to have
if we can but fight now we are talking about this rezoning on this piece of
property.
Kanner: Right, that is what I am saying. That perhaps we need to have that
discussion. Certainly in light of- I think it is Dover that is taking a look at
our regulations or our whole code, planning codes. We should think about
this to see if there are codes that might be appropriate for dealing with this
situation.
Lehman: That is another question. But what we are talking now has no effect
whatsoever on what you are talking about.
Vanderhoef: And before we get into that discussion that you are talking about we need
to move forward and obviously it is being worked on but it has not come
to the table yet and that is our whole stormwater system and utility. And
that is when we get all the mapping done and know what we have and
what we don't have. To piecemeal this without having our full mapping is
sort of benign conversation that can be held much later. And I think we
should move on.
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Pfab: Dee, I think you are looking at this as piecemeal and I think that this
development could be a lot simpler.
Vanderhoef: No.
Lehman: No this cotrid not. It doesn't comply with our stormwater ordinance. It
can't be simpler.
Pfab: But what the owners of that property are going to be needing to look to in
the future is a complicated system of generating (can't hear) of rainwater
or surface water or whatever it is that would not be necessary if we had
solved the problem.
Champion: They (can't hear).
Lehman: Larry, would you explain to Irvin (can't hear).
Pfab: I am not criticizing (can't hear).
Schnittjer: The design does not complicate it. Basically all it is is a tile line that
accepts roof drain water. It is an extra small amount of maintenance to
make sure the tile line stays clear. Stormwater management is required
whether we put this project here or anything else. The stormwater basin
was built when they subdivided the seven lots on Green Mountain Drive.
It was designed to accomxnodate this piece of ground.
Pfab: I am going to counter what you (can't hear) in the sense that what
percentage of homes in Iowa City use that complicated way to move water
from the roof to the other side of the house?
Schnittjer: It is not a very large percentage but there are some out there because of
various extenuating circumstances. And we feel that those cimumstances
exist here that we should accommodate.
Pfab: This is not a criticism of(can't hear) cooperation going on.
Schnittjer: As an example Irvin, I have got all my roof drains out of my farm going
into a tile line. The house and barn and everything. So, it is not
UnCO1TUTIOn.
Lehman: Thank you Larry.
O'Donnell: Thanks Larry.
Lehman: Would anyone else like to speak at the hearing? The public hearing is
closed.
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#5a Page 17
2. Consider an Ordinance (First Consideration).
Lehman: Do we have a motion?
Wilburn: Moved first consideration.
Vanderhoef: Second.
Lehman: Moved by Ross, seconded by Vanderhoef, for first consideration.
Discussion?
Vanderhoef: Roll call,
Lehman: Well, let me just say if I am correct and the engineers are correct and the
staff is correct, the report has indicated that the development and the
rezoning of this piece of property will not negatively impact a situation out
there now that has been of some difficulty to the neighborhood. So,
apparently it has been engineered to the point that it will not negatively
impact them.
O'Donnell: I want to comment that there has been wonderful cooperation between the
people and the developers and it has really been a pleasure to work with
you on this.
Lehman: Roll call. The motion carries. Pfab voting in the negative.
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ITEM NO. 5b. CONSIDER AN ORDINANCE CHANGING THE ZONING
DESIGNATION BY DESIGNATING THE PROPERTY LOCATED
AT 307 EAST COLLEGE STREET (OLD CARNEGIE PUBLIC
LIBRARY) AT THE SOUTHEAST CORNER OF COLLEGE AND
LINN STREETS AS AN IOWA CITY HISTORIC LANDMARK.
(SECOND CONSIDERATION).
Lehman: This is second consideration and we have been asked to expedite this.
Wilbum: Move that the role requiring that ordinances must be considered and voted
on for passage at two council meetings prior to the meeting at which it is
to be finally passed be suspended. That second consideration and vote be
waived, and that the ordinance be voted for for final passage at this time.
Champion: Second.
Lehman: Moved by Ross, seconded by Champion. Discussion?
Kanner: I am going to vote against this for reasons that I stated in the past. I think
it is especially important on issues like this that are controversial even
where we have some agreement- although we don't have the strongest
agreement ficom the building owner about this- what we heard through his
lawyer is that he will accept it and this is sort of the will of the people so
he will go along with that. But I think the purpose of three readings is to
allow people to change their minds and present arguments. Even though I
am in favor of this I am opposed to the process of not having three
readings on this. I think that is a good process to go through unless there
is a dire emergency and we feel the need to have a third reading before the
moratorium on demolition possibilities expire. We could have a special
meeting. I think that would be a better way to do that. To come in within
the next few days if necessary. (Changed tapes).
Pfab: -council meeting?
Holecek: My understanding is that a special meeting would be required to get this
particular action passed prior to expiration of the moratorium.
Pfab: But we are against the time crtmch?
Holecek: That is correct.
Lehman: And there is no objection to it that I am aware of. Roll call. Motion
passes 6-1 with Kanner voting in the negative.
Wilburn: I move that the ordinance be finally adopted at this time.
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#5b Page 19
O'Donnell: Second.
Lehman: Moved by Wilbum, seconded by O'Donnell. Discussion?
Wilbum: The only thing I have to add is that last time for the gentleman who gave
us a nice historical picture of some of the significance of just the structure
and architecture of the building- I don't know that we really thanked him
for it.
Champion: It was interesting.
Lehman: It really was. Roll call. Motion carries 6-1, Kanner in the negative.
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#5c Page 20
ITEM NO. 5c. CONSIDER AN ORDINANCE VACATING HEMINGWAY LANE
WEST OF RUSSELL DRIVE. (SECOND CONSIDERATION).
Lehman: We have again been asked to expedite this item.
Vanderhoef: I move that the rule requiring that ordinances must be considered and
voted on for passage at two council meetings prior to the meeting at which
it is to be finally passed be suspended. That second consideration and vote
be waived, and that the ordinance be voted for final passage at this time.
Champion: Second.
Lehman: Moved by Vanderhoef, seconded by Champion. Discussion? I imagine
your same applies? Your objection to this?
Kanner: Yeah, although I don't find this as controversial. I might consider voting
for it. I will vote against the expedited but I haven't decided on the next
vote.
Lehman: Okay, we are voting on this- the vote to expedite. Motion carries 6-1,
Karmer in the negative.
Vanderhoef: I move that the ordinance be finally adopted at this time.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Roll call.
Motion carries.
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ITEM NO. 5i. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY
AND FINAL PLAT OF WHITE BARN ESTATES, A 30.44 ACRE, 3-
LOT SUBDIVISION LOCATED AT 4675 AMERICAN LEGION
ROAD.
Pfab: Move the resolution.
Lehman: Moved by Pfab.
Champion: Second.
Lehman: Seconded by Champion. Discussion? This is in the county and is subject
to our Fringe Area Agreement, ifI am not mistaken. Roll call. Motion
cax'ries.
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ITEM NO. 6. PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3
ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER
4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES" OF THE CITY CODE TO
INCREASE WATER SERVICE AND FEES IN IOWA CITY, IOWA.
Lehman: The public hearing is open. This changes the fee for meters I think on ne~v
construction by $50 to make meters readable from the street I believe. We
are moving into the electronic age.
Moreno: Yes, that is correct.
Lehman: Welcome Ed.
Moreno: Thank you. I am the Water Superintendent. I am here with a display to
show the progress that we are proposing in our meter reading system. I
will just start with this real quick. You may recognize some of these on
the outsides of your houses. These are our present systems. They are
called ARBs. Inside of those are the pin boxes. This is how we read the
meters fight now. There is a wire from this going to the meter. It allows
us to read it. This here is one that we have been putting in since maybe a
couple of years ago here in the late nineties called a touch pad. It is
similar to this only you can just touch this pad with a little electronic
button and get it. This is what we are proposing now, to go to a radio read
system. This is an RF unit- radio frequency. It lets out a radio frequency
tone periodically that you can read from the street so you don't even have
to go up to the house and touch anything on these pads here or these pin
boxes. As a background- I just have some bullets that I wanted to state
that kind of illustrate how we got here and what we are doing. The Iowa
City Water Division reads approximately 21,000 meter accounts every
month. Meter accounts have been increasing by about 500 each year. We
currently read meters by plugging in a computer handheld gun into a
reading device that attaches to the sides of residences and is linked to
water meters by a wire. That is what I was just showing you here. Due to
obsolete meter reading equipment, meter reading safety issues, and the
need to accurately read meters monthly we began exploring upgrading the
present system about three years ago. It is our responsibility to perform
accurate meter reading for each and every account on a monthly basis for
our customers. We began looking at equipment that would allow us to
continue to read the number of accounts necessary now and into the
future. We needed a system that would allow us to continue to read
annually and allow us to migrate to the future. We began looking at the
automatic reading technology that was out there. Radio frequency is a
proven technology of AMR and the water industry. After three years of
study, pilot testing and research we believe the RF technology will work
here for Iowa City. In order to achieve a quick benefit we plan on
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#6 Page 23
installing 3000 of these RF units to existing customer accounts. In
addition we plan on installing RF units on all new accounts. We will
continue to add 3000-6000 after this each year until we can get our system
complete.
Lehman: Ed, this- the public hearing is on an ordinance that would increase the fee
for new construction only, is that correct?
Moreno: Yes.
Lehman: And the retro fitting of all current meters will be done at the expense of
the water department?
Moreno: That is correct.
Lehman: Or the water users I should say. Okay.
Kanner: Ed? What is the cost to the city for putting on the new devices over the
next five years versus I assume the labor cost that we will be saving?
How many people will we not hire because of this device?
Moreno: These units are approximately $50 each. We will probably look at maybe
$160,000 a year to put them in. As far as our staffing we are going to
have to continue to manually read as we make this transition and as we
continue to grow and to read both manually and through the automatic
reading system. I guess our plan is to kind of take the edge offof what we
are doing now. Right now we are having a lot of problems meeting our
schedule. This past winter we had to do a lot of estimates due to the bad
weather. We have a lot of issues with dogs and property owners as far as
getting on their property and having problems. So as far as our staffing I
guess we need to evaluate that later once we get the system in place and
see how it functions and see what we need to do to maintain it. I don't
have a-
Kanner: There is no estimates on how much staff time will be saving? Perhaps we
should just keep the same system if it is not going to save us any money.
Moreno: It will save us time and it will save us our ability to get out there and read.
And we will look at reallocating our staff- at least at this time- into other
activities that are related to our growing community for the water system.
That is the plan fight now.
Champion: Sometimes it isn't always just saving money. We have to worry about the
efficiency of what we are doing. And if a lot of people are getting
estimated readings- I think our water bills are high enough without having
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#6 Page 24
an inaccurate reading. So I think the accuracy of this is going to be very
important.
Moreno: It is. It is very important for us to get accurate bills out and to have
accurate reading on our meters.
Lehman: If you are adding 500 meters a year it is only a matter of time until you
have to add personnel anyway.
Moreno: Exactly.
Lehman: If we do this the addition of that personnel I would think would be pushed
off into the future. There will be savings on labor.
Moreno: We feel we are kind of behind and we need to kind of get the edge off so
that we can meet our commitments to readings and we have been having
problems quite frankly. So, we are anxious for this system.
Pfab: Okay Ed, I have a question. Let's suppose it is 100 years from now. How
will meters be read?
Lehman: Irvin, why don't you (can't hear).
Pfab: No, because my question is very simple. Is this an unnecessary step to get
to where we want to go?
Moreno: I think it is comparable maybe to viewing other technologies like
computers 100 years from now.
Pfab: I know. But okay, in an ideal world isn't the time going to come when the
city is going to have direct access to every household either by a fiber or
some other way and is this an unnecessary piece ofharrdware that is
something that is eventually going to have recycled and to figure out what
to do with it? Are we better off just to wait? I don't' know. Obviously I
have a feeling you did your homework and it is certainly defensible. All I
would like to know is I would like to have a little bit of understanding of
your thought process and a little bit of the numbers. I am not criticizing.
Moreno: I got it. Thank you. I would assert that we need to go into this new
system now because our existing equipment is obsolete. We have been
told by our vendors that they are not going to support it anymore. So we
need to make a move. With that move it is- I guess with the issues that we
have our present staffing is having problems meeting our schedules. We
are having problems with safety issues with dogs and others in the
community. We need to be more efficient in our reading. This radio
frequency technology is not (can't hear). It is more like- it is a proven
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#6 Page 25
technology in our industry. So I don't feel like- I feel like we are making
a wise decision in the sense that we are not hanging out there way out in
the future. I know what you are saying. Like, who knows what is going
to happen even ten years from now. You can see the progression that we
have made just from this display here. And that is kind of how I see it as a
progression of what we need to do to continue to do what we have always
done. And this is going to allow us to address some of those critical issues
now with technology that is proven now. And as we go on things may
change. And you may see another addition on to this that is a little bit
different. I don't know what the future holds exactly but I think that this is
the kind of technology that can help us now.
Pfab: Okay, now tell me how the meter will be read as you go by a residence.
Moreno: These units are sending out a signal periodically.
Pfab: When you say periodic- once a month, once a minute?
Moreno: Nope. Once every ten seconds. So you can walk by and get readings
from the street and possibly even drive by.
Pfab: That was my next question, can you drive by?
Moreno: Yes, and you can receive signals from perhaps blocks away.
Pfab: Okay, and they are- and the sender and the receiver can distinguish where
they are coming from? They have their own code?
Moreno: They are programmed to the meter just like- well, these aren't actually
programmed- the programming is in the head for these but these are
programmed to the meter and to the head, yes. So they can distinguish the
account and you can distinguish where the signal is coming from and what
the reading is.
Pfab: Okay, approximately how many meters does the meter reader read now
versus after the system is in?
Moreno: Right now, again, we do 20,000. That approximately 500 meters read per
day. I am sorry- yeah, per day per meter reader. And with this we will be
able to accelerate that. We will look at starting out in the outskirts of our
city, the least efficient reads, the ones that we have to drive far away to get
to. So, you drive to those that are far apart where you have got to walk
quite a distance in between. Those that may have dogs that we know are
vicious and are giving us problems right now. So we will look at kind of a
strategic implementation of this system that will help us to maximize our
efficiency. And then based on that we will evaluate it and see what it
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#6 Page 26
looks like after that. I guess that is the plan. I can't give you exactly that
it will be you know (can't hear).
Pfab: No, I think that is interesting how- where you are going to start rather than
like in condominiums (can't hear) ten in a row.
Moreno: Yealn. That is less efficient I think than to go to the outskirts.
O'Donnell: So it is going to make it more efficient and more accurate and you have no
idea what is going happen in 100 years? Is that right?
Moreno: Yes.
Kanner: Well, I am not concerned so much with 100 years in that sense. I am
concerned- I should have brought this up earlier- that there isn't this cost
benefit analysis. We are investing quite abit- $160,000 a year for 5 years
is that correct?
Moreno: Yes.
Kanner: So that is about $800,000, which is not small change. And I am going to
vote for it because I didn't bring it up earlier and it does seem obvious that
there will be a net gain for the city in terms of staff time. Whether that
equals the amount we are putting out is a question. What I would ask
though is that we do get a report back in the near future if that is agreeable
to people, figuring that out. It doesn't seem that it would be that hard to
do. Saying we are going to be spending $800,000 and we expect this
much savings in staff time, this much efficiency, and this is what we
expect to see in the next five to ten years as far as staff time.
Champion: We would not be saving the City of Iowa City money, we would be saving
the water users money. Isn't that correct?
Kanner: Right. Right.
Pfab: But it is still- where are those- where the only thing that- people that use
the water have to protect them from being charged.
Lehman: Ed, you mentioned something and you just kind of passed over it that I
think is really crucial. You said the manufacturers of the process we are
using now are telling us they are not going to support what we are using.
This means that we are going to replace what we are using now anyway?
Moreno: Yes.
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Lehman: Now, obviously if we replace what we have now it may not cost $50 but it
is also not free.
Moreno: Right.
Lehman: So we are talking about the same- probably the same amount of labor to
replace the existing system with another system that works the same way,
with no savings whatsoever. So, if you couple the obsolescence of what
we are now using and have to be replaced anyway with the technology of
what we are getting here it would seem to me that there probably is a
savings involved.
Moreno: Right. I think that replacing with exactly what we have got is not an
option. We need to progress and that is what we are looking at. And that
is what we have studied. And we have studied it for a while too to see
what was the best for us, both cost wise and also technology wise.
Lehman: Thank you Ed.
Moreno: Okay, you are welcome.
Champion: Thanks.
Lehman: Does anyone else wish to speak to this? The public heating is closed.
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ITEM NO. 8. CONVEYANCE OF TIlE PORTION OF ItEMINGWAY LANE
LOCATED WEST OF RUSSELL DRIVE TO STEVE KOHLI
CONSTRUCTION, L.C.
a. PUBLIC BEARING
Lehman: The public hearing is open. The public heating is closed.
b. CONSIDER A RESOLUTION AUTHORIZING
Lehman: Do we have a motion?
Pfab: So moved.
Lehman: Moved by Pfab.
Vanderhoef: Second.
Lehman: Seconded by Vanderhoef. Discussion?
Vanderhoef: Was this a piece of property that the City took at one time and now it is
going back so there is not an exchange of dollars on it?
Holecek: That is essentially correct. What happened is the area was replatted to
actually improve drainage and rather than have a street in this area it is
essentially open space and used for stormwater.
Lehman: It is part of that larger stormwater project south of Highway (can't hear).
Holecek: No, it is not part of the South Sycamore project. But it is a redesign of an
earlier platting.
Vanderhoef: So this is why though that there is no exchange of dollars because it was
originally taken as an easement for water drainage?
Holecek: It was originally dedicated as a street but the net result is fewer lots and
improved drainage in the area. So the redesign benefit given that the area
of South Point addition does have hydric soils, it is actually a net
improvement.
Vanderhoef: Great.
Lehman: Okay? Roll call. Motion carries.
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ITEM NO. 9. ORDINANCE AMENDING TITLE 8, CHAPTER 8 OF THE CITY
CODE ENTITLED "POLICE CITIZENS REVIEW BOARD" TO
DISTINGUISH, IN ACCORDANCE WITH ACTUAL PRACTICE,
BETWEEN COMPLAINTS MADE TO THE BOARD AND
COMPLAINTS MADE TO THE IOWA CITY POLICE
DEPARTMENT, TO ALLOW THE BOARD TO REVIEW
COMMENT ON OFFICER ACTION POLICE PRACTICES,
PROCEDURES, AND WRITTEN POLICIES ONLY AT THE
REQUEST OF THE CITY COUNCIL, CITY MANAGER, OR
POLICE CHIEF AND TO ALLOW THE BOARD TO COMMENT
ON ASPECTS OF REGARDING AN INCIDENT WITH WHICH IT
IS CONCERNED NOTWITHSTANDING ITS AFFIRMANCE OF
THE POLICE CHIEF OR CITY MANAGER'S REPORT IN
ACCORDANCE WITH THE REASONABLE BASIS STANDARD
OF REVIEW AND ALLOWING THE BOARD TO REQUEST
THAT THE CITY COUNCIL HOLD GENERAL
INFORMATIONAL HEARINGS REGARDING POLICE
ACTIVITIES.
Lehman: This is first consideration, and I don't think that is the right comment.
Vanderhoef: No, it isn't.
Lehman: Do we have (can't hear).
Wilburn: Move first consideration.
Vanderhoef: But that isn't the right comment.
Wilbum: Then I withdraw that until we can find the right one.
Karr: You have a memo from the Assistant City Attorney noting the revised
title.
Lehman: All fight, let me read the revised comment. (Reads comment).
Wilburn: Move first consideration.
Lehman: Moved by Ross.
Champion: Second.
Lehman: Seconded by Champion. Discussion?
Vanderhoef: I would like to offer an amendment that we remove the review of police
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#9 Page 30
policies, practices and procedures from the purview of the Review Board
and that they remain at the direction only of the City Council, City
Manager or the Police Chief.
Pfab: Are you referring to a particular place here?
Vanderhoef: I am making the amendment to put back into the ordinance what we had
until last night.
O'Donnell: I will second that.
Lehman: We have a motion and a second to amend the ordinance reinserting the
decision that was made two weeks ago that the board have the power to
review policies, practices and procedures at the direction of the Council.
Discussion on the amendment?
Wilbum: I won't support the amendment. I have been given some time to think
about and consider comments made about the (can't hear) orders and I
support the change that we made last night.
Vanderhoef: And I offered this amendment because with the few complaints that we
have and recognizing that not all general policies and procedures fit for
each complaint, I feel that the Board with having the review possibility to
research that only at the time of a complaint I think that the Board changes
over, policies change, and a review is always necessary before you address
a new complaint. And I think that is the time to do it and to do this on a
routine basis is not necessary. And it probably is not the best practice.
Wilburn: I disagree.
Champion: I am not going to support the amendment because I think it is important
after hearing some comments last night that this group be able to
constantly educate themselves and become familiar with procedures. I
think that is part of a long-term education. And although some policy
might not pertain to particular complaints, that just understanding how
police procedures work might be one of the most important things that
they have in their head and it is a learned thing. And so I am not going to
support your amendment.
Pfab: I think you know where I stand. I have made my point more than once.
Lehman: Other discussion?
Kanner: Yeah, I would agree with the comments that have been made that it is
necessary for the health and the greater health of our community to allow
the Police Citizens Review Board to keep this key component of the
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ordinance that has been there in the past. It is part of the original
ordinance and we should keep it into the future. And we should build on it
in fact. So I will not be voting for it.
Pfab: I guess I would take at this point as supporting my objection to the
amendment that you are making. There is a comment out oftoday's Des
Moines Register, and I had another article from yesterday- and I think this
is what we do not want to have. It says in the Des Moines Register, "to
(can't hear) raid embarrasses Des Moines police," (can't hear). This is-
things are going very well with the police department and the Police
Citizen's Review Board and I can't for the life of me figure out why we
want to roll a hand grenade in the room and shut the door.
Champion: Who are "we"?
Pfab: That is why we want to change. We say, well, it was too expensive to
keep the part time assistants and now we find out we have to add (can't
Lehman: We are talking about the amendment Irvin. Obviously I tend to agree with
the amendment however I think that obviously there is not a majority of
the Council. All those in favor of the amendment say "aye". Opposed?
Opposed say "no". The amendment is defeated 4-3, Lehman, Vanderhoef
and O'Donnell voting in the affirmative. Further discussion on the
ordinance?
Kanner: Last night I proposed some amendments. I won't offer those officially but
just to let the audience and the community know that I am in favor of a
stronger Police Citizen Review Board. I think it has done some good
work. I think it could do even better work. I think that within the law it
can also recommend possible discipline for police officers who might be
found at fault in PCRB findings- Police Citizen Review Board findings. I
think that should be added. I think we need to expand the length of time
that complaints can be filed by citizens from the current 90 days to 6
months. People often times feel intimidated and we need to give them
adequate time to do that and file any complaint. I think that the Police
Citizens Review Board should track the use of force that we get monthly
reports on and see if there is any pattern among individual officers and
among the police force as a whole and make reports on that on a regular
basis. I think also the Police Citizens Review Board is the appropriate
place to have a review of any racial profiling reports that might come out
from the police or other places. And I think we need that independent
body to do the overview on that instead of within the police department.
And those are the main issues. I think we need to make it stronger. I will
be voting for the ordinance because I think it is important that we continue
the police citizen review board with the hope that in the future we will be
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able to implement some of the measures that will strengthen it and make it
even a better body to help all of the citizens of Iowa City.
Lehman: For the benefit of the public I would like to point out that each of those
issues were addressed last night by the Council and I don't recall there
being- and correct me if I am wrong Steven- but I don't recall there being
support for any of those expect for yourself. Is that correct?
Kanner: I don't recall what the vote was. If the Clerk would like to- I did state that
there wasn't support for it Ernie.
Lehman: But it is important that the public realize that we did discuss those last
night. Other-
Kanner: Did I not mention that Emie?
Champion: You did.
Lehman: You may very well have mentioned that.
Kanner: I thought I did. I made that clear.
Lehman: Is there any other discussion?
O'Donnell: No.
Vanderhoef: I guess one of the things that came up last night that was informally
discussed and as I understood the chairman of the PCRB to say that in the
future they will do their own research on other possibilities of policies and
procedures and that that will not be a staff item to be carded out within the
City. Was that the understanding of everyone else up here?
O'Donnell: To my understanding.
Vanderhoef: Thank you.
Kanner: One other thing I did want to add Emie that I dgn't think we have
mentioned yet is that we are taking away the right for the Police Citizens
Review Board to initiate public forums on their own. I think that also is a
mistake. I think that is a healthy thing to have that ability to do that. To
have quasi-independent organization of the City and be able to do that. I
think it is helpful and I think from what I hear they do a pretty good job of
holding those forums. And I have some questions about the ability of City
Council to hold fontms in an adequate fashion.
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Pfab: I go along with what you said on that. I think that why- I am just- it
perplexes me to no end as to why we felt we had to take that away from
the Board. And our lack of direct oversight or even indirect oversight of
the Police Board since I have been on the City Council has been zip, zilch,
none. And now we- now the Board had worked with the Police
Department I think in a very cooperative way. I think a lot of work has
been done. And now all of a sudden we have said it costs too much
money, get rid of the help and then we find out we have to replace it
anyway. And now we say well, we want to take some links out of the
chain, jerk them around, and say the only way you can have a public
hearing is if we approve. Or we initiate it. I think that is the silliest thing I
have heard since I have been on City Council.
Champion: Well, there are a couple of things Irvin that it isn't. First of all, them is an
open part of every meeting at the Police Citizens Review Board. Isn't that
correct? So anybody can go to any meeting and speak to the committee on
their own. So we are not getting rid of the avenue for people to
communicate with this board. I think all of us understand the importance
of keeping this Board. We certainly are not taking away any of their
powers. We are simply doing something different about the public
forums, that is all. And it is not silly.
Pfab: I think it is totally ridiculous.
O'Donnell: Well Irvin that is your opinion. We are also charged with spending tax
dollars wisely.
Pfab: We are spending the same amount anyway.
O'Donneli: Are you finished? We have spent $160,000 over the past 3 ½ years I
understand. We have had 40 complaints. We have had 2 so far this year.
We have 14 complaints by the same individual. There is a responsibility-
if you had been out to one of these forums Irvin-
Pfab: I have.
O'Dounell: Well, the one I went to I wasn't very impressed with it. That is why we
did this. I believe the Council is the adequate voice for that and will
encourage comments. I don't think it is silly at all.
Pfab: I think it makes- it is a whole lot different for a number of people in our
community to go to a public forum than to go into a small committee room
with the Police Citizens Review Board to file a compliant. I think we are
taking away the opportunity for the citizens to air their- whatever it is,
complaints. They can go in and say thank you. It is a great way to do it.
And I think we are shutting off the public from the police. The police are
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only as effective as they have cooperation with the community. And what
we say is not as important as how the citizens and the police interact
amongst themselves and dictating how it is going to be done and that kind
of thing. A police force needs the cooperation of the citizens it works for.
And if that is not nurtured and encouraged all along it becomes extremely
difficult. It is confrontational. And it is not effective. I am not sure
where we are on a continuum right now but I am concerned that what we
are doing here is going to make it more difficult for that cooperation to
continue.
O'Donnell: I disagree.
Lehman: Well just let me say this and I would like to vote. The PCRB is a Board
established by this Cotmcil to investigate the complaints made by the
citizens of this community when they feel that for whatever reason the
activity of the Police Department has been inappropriate. As an arm of the
Council, which the Board is, it is up to us to indicate to them what we
believe their duties are. I think we have done that. We have put together
an ordinance that there is obviously not unanimity on the details. I think
when we vote the public will see there is unanimity on the part of the
Council in how important they feel this board is. Roll call.
Kanner: I have a point of information. From our earlier discussions when we
started talking a couple of months ago about the PCRB my understanding
is that $40,000 a year figure was something- part of it at least we would
have to spend even if we didn't have the PCRB. Was that not presented to
us that that was the reality that we would still have to spend some of that
on staff time?
Lehman: I don't know if that $40,000- I don't think that $40,000 included the staff
time from the police did it? Do you know Steve?
Vanderhoef: It did the police but not the City Clerk' s time or the City Manager' s time
wasn't calculated.
Lehman: I think the $40,000 (can't hear).
Vanderhoef: Or law was not included in there either.
Lehman: I think it was specifically for their half time person for their attorney. I
don't think that that $40,000 included the time that the Police Chief, the
City Manager or the other folks did.
Vanderhoef: Or legal office.
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Lehman: Obviously we will spend money. We will spend money on complaints
from citizens whether or not we even have a PCRB. I think that is a fact.
This is a mechanism for folks to express their concems.
De Prosse: May the public comment?
Lehman: Yes.
De Prosse: Thank you. My name is Carol de Prosse and I would really encourage you
to restore the ability of the Police Citizens Review Board to initiate and
hold community forums. I attended all four of the forums that the Police
Review Board held. I think that is the total of the numbers that they have
held since their inception. And I was very impressed with the manner in
which they conducted those forums. The careful way they listened to all
the citizens that came to speak. At several of those there were many
police officers in attendance. I don't know whether Council Members
attended or not. I can't recall that. But certainly a broad cross section of
the public was represented at all of them. They made an effort to reach
out to the student community by holding one at the Newman Center. They
held one over in the Broadway area. I forget where the others were. I do
know Mayor Lehman that I heard you refer last night that you thought
they perhaps turned into bashing the police sessions and that was not my
impression. So I think that people were given a voice to express
dissatisfaction with certain practices, policies and procedures of the police
department. But, I consider that to be far different than bashing the police.
If you weren't there then I would ask you to perhaps reconsider that type
of an assessment about what those meetings really did. The reason that I
think it is important for the police board to do it is because a number of us
have been coming down for quite a long time now trying to talk to you
about what we believe to be the dissatisfaction of a significant number of
members of the community in the way the City is policed. And basically
our impression is that other than Steven Kanner and Irvin Pfab and to
some extent Counie Champion, none of you really cares about what we
seem to be saying. And I don't know whether you don't believe us or
whether you think our motives are not pure or what but it really creates an
adversarial kind of relationship between even the citizens and the Council.
So I think that for you to then assume the authority of thinking that you
can hold community forums where the citizens are going to feel
comfortable coming down and discussing these matters with a body that
hasn't listened to citizens to date I would ask that you please reconsider
that. Thank you.
Lehman: Thank you.
Vanderhoef: I will just comment that yes I was at the last community forum. I felt that
the presentation by the officer was very well done and very informative.
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Where I felt the whole thing fell apart was in the point that we had
speakers again and again speak and instead of asking a question they
prefaced it with comments that left a defensive mode in that they were
saying obviously we know you are wrong so now defend yourself. And
the officer did a very fine. job but I felt that it was very unfair to put one
person in that position. And in fact there was one PCRB member that
finally said after- I forget- 30 minutes or so of this question, well maybe it
is time to let the officer go and take him off the hot seat. And I felt he had
been on the hot seat for quite some time and it was fairly inappropriate and
that it could have been handled in a much better forum. So that was just
my opinion. As far as voting I would just like to say that I think we have
made some progress with the PCRB. I think they have worked very hard
and I think their integrity is unquestionably there. I still don't agree with
all of the things that are in the policy, in the ordinance. Had the policy
changed that I offered as an amendment tonight, had it been approved I
would have voted for the PCRB. With that in there I still cannot support
this in this form. Although I am much encouraged with the direction that
this Council has taken towards changing some of this.
Lehman: Other discussion?
Pfab: I would like to question the way we talk about the PCRB has cost us
$167,000.
O'Dormell: $160,000.
Pfab: Pardon?
O'Dounell: $160,000.
Pfab: $160,000 and we divide that by four. But didn't the PCRB come into
existence after one of the citizens were shot dead by a police officer? And
that was the part where the expense was. I think that the ongoing expense
of the Citizen's Review Board- the Police Citizen's Review Board- is a lot
less than that and I think it is- I hate to use the word disingenuous to say
that it cost us $40,000 a year because I don't think there is any truth in
that.
Vanderhoef: Irvin, they never did review the incident of the shooting. The PCRB was
never involved in that particular piece.
O'Donnell: I am not going to comment on that.
Kanner: They said that the Chief- my understanding is the ChiefRJ implemented a
new policy after that and that the PCRB was not in existence. They have
since reviewed that policy.
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Vanderhoef: The policy but not the case.
Kanner: Right, not the case. But I think the point lrvin is making is that PCRB is
saving us perhaps- what was the settlement cost with that?
Approximately?
Atkins: $1.5 million.
Kanner: $1.5 million that perhaps $160,000 is a (can't hear) compared to
prevention. Prevention is always worth a lot more than what it could cost
us in the end.
Champion: I don't remember money being a major topic of any of the discussions
about the PCRB.
Pfab: It comes up every time.
Kanner: We just heard it Conhie to the right of you that it is a-
Champion: The cost is but I don't remember thinking of it as a budget cut.
Pfab: Well that was the reason that Dee brought it up. She says let's get rid of
that half time person because it is too expensive.
Champion: That is one person. You kept saying "we". You keep speaking for all of
us and (can't hear).
Pfab: I can say Dee Vanderhoef City Council Member.
Champion: You don't have to be nasty Irvin.
Pfab: I was trying not to be.
Champion: Well you are. I think probably part of Dee's part of that was that the
person who was hired part time, the staff person- our Clerk' s office was
still taking care of a lot of stuff when that person wasn't on duty and that a
lot of that person's time was being spent on searching the Web. And we
have decided we are not going to pay somebody to search the Web for that
commission. I think we, the City Council, as a majority of us decided that
that was probably not worth our money. But money was never a major
subject of conversation about the PCRB.
Pfab: Well if you go over the transcribed minuets it looks different than that.
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Lehman: Well be that as it may we are not going to have unanimity on this Council
as to this being a perfectly drawn ordinance and everyone agreeing with it.
Wilbum: Can I just add a comment?
Lehman: Please do.
Wilburn: Since I haven't spoken multiple times. This voting- and I will be voting in
support of this as we modified it last night. I think the public will still
have the opportunity at the beginning of some of the meetings similar to
some of our other commissions and experiences I have had on commission
to comment on whatever it is that they wish to say at the public
conunentary time. I also think that adding and reinstating the ability
(changed tapes) look at some practices where those potential conflicts or
misunderstandings of the public will look fair. I am also confident that
officers will continue to- there was concern expressed about the public not
having a chance to either confront or discuss with an officer. I know law
enforcement will continue some of the outreach efforts that they have
done- some of the meetings that they themselves have had like at
neighborhood centers in some of the other neighborhoods. And even with
the citizens watch group- the (can't hear) and type of thing. When we had
a meeting in our area of the neighborhood watch a couple of officers came
out and handled some questions in a good fashion- and concerns in that
way. So, let's vote.
Pfab: I have a question. Emie?
Lehman: Yes?
Pfab: This is the first of three readings is that it?
Lehman: That is correct.
Pfab: Okay.
Lehman: Roll call. Motion carries with Vanderhoef and Pfab voting in the negative.
Karr: Can we have a motion to accept correspondence?
O'Donnell: So moved.
Wilbum: Second.
Lehman: Moved by O'Donnell, seconded by Ross to accept correspondence. All in
favor? Opposed? Motion canies.
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ITEM NO. 10. CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES"
OF THE CITY CODE, TO INCREASE PARKING FEES IN IOWA
CITY, IOWA. (SECOND CONSIDERATION).
Champion: Move second consideration.
Vanderhoef: Move second consideration.
Lehman: Moved by Vanderhoef, seconded by Champion.
Karr: Excuse me, this is the one that has requested expedited action effective for
July 1.
Lehman: Would the person who made that motion like to make a motion to expedite
this? Or would someone like to?
Wilburn: (Can't hear).
Vanderhoef: I will withdraw my second.
Champion: I will withdraw my motion.
Lehman: Fine, do we-
Wilburn: I move that the rule requiring that ordinances must be considered and
voted on for passage at two Council meetings prior to the meeting at
which it is to finally be passed be suspended. That the second
consideration and vote be waived and that the ordinance be voted on for
final passage at this time.
Vanderhoef: Second.
Lehman: Moved by Ross, seconded by Vanderhoef, to expedite this item.
Discussion?
Kanner: Again, especially for this one I don't see the need for expedited movement
on this. I don't see the dire consequences if we wait and implement it a
few weeks after the fiscal year starts.
Pfab: I believe there was something to do with posting or something like that.
Karr: To become effective July 1 it must be published.
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Karmer: The question is why- the management perhaps could say why there is a
dire need that we can't wait a few more weeks to implement this.
Fowler: July 1 will offer our permits for the next year. At that time anyone can
come in and purchase a permit for a year. And at that time we give them a
5% discount on their fee. If we wait until after July 1 they would receive
larger than a 5% discount because they would get a 5% discount on the old
rate and then the new rate would go into effect after that. That is also the
time of year that our largest permit holders, which are the University of
Iowa and different corporations around town buy all of their permits for
their employees at one time and take the 5% discount. So it would have
an effect on our revenues for the year.
Kanner: With all due respect Joe it seems to me that this and other issues could be
brought up so that we would pass it in a timely fashion.
Fowler: We- me- made the mistake with the Council's schedule with the off set
meetings. There were some missed meetings that would have fallen in the
regular progression. And when the ordinance was first put out I could
have asked to have a meeting- or have it on your agenda last night at your
special meeting so we had a second one and just felt that by asking for it to
be consider twice tonight that we would be able to move it forward.
Champion: Our meeting schedule is kind of crazy in the summertime.
Lehman: Well and I think that that is significant- the number of annual parking
permits that are renewed as of the first of July would make a significant
difference in the amount of fees that you collect. If this doesn't go into
effect until the 15th of July all of those permit holders that would annually
renew would renew at the old price. Is that not correct?
Fowler: That is correct.
Lehman: Okay. That is quite a bit of money.
Fowler: Yes.
Lehman: Other discussion on the motion to expedite? Roll call. Motion carries 6-1,
Kanner voting in the negative.
Wilburn: Move that the ordinance be finally adopted at this time.
O'Donnell: Second.
Lehman: Moved by Ross, seconded by O'Dounell. Discussion? Roll call. Motion
carries 6-1, Kanner voting in the negative.
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ITEM NO. 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
WITH MIDAMERICAL SERVICES FOR THE FINANCING OF
GREEN LED TRAFFIC SIGNAL EQUIPMENT.
Vanderhoef: Move adoption of the resolution.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion7 This is an
expenditure for the City for a five-year payment of $35,500 for an
estimated annual energy savings alone of $40,860 per year. And these
bulbs I think have a life of 7 years. So there is a rather significant savings
to the city.
Vanderhoef: Absolutely. And we leamed last night also that our present bulbs are
being changed annually, therefore the staff time is going to be decreased
proportionately and we only replace them once in 7 years or possibly as
long as ten years.
Lehman: And they are a lot brighter light. Further discussion?
Kanner: Yes, thanks for getting me the purchase agreement. It is easier to read this
copy. I had a question. We are leasing as opposed to purchasing. Can
you explain the ramifications of that? Can someone explain the
ramifications of why we are doing a lease instead of a purchase?
Lehman: This is a lease purchase agreement. I think the portion that we are using is
for purchase, not to lease. The same agreement is for lease or purchase.
Atkins: We have a schedule of payments over a period of five years. That is part
of the agreement.
Lehman: It does use the word "lease payment".
Pfab: I just have one simple question. Is there an interest rate factor built into
that7
Atkins: I think the- I couldn't tell you Irvin. I can tell you that I think that the
number is fixed. I am assuming that they have calculated- on the other
end I am assuming MidAmerican would have covered themselves by
calculating that into their payments.
Kanner: So are we doing a purchase or a lease on this?
Atkins: We will ultimately own them.
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Lehman: I know that but it is written in such a way that it is pretty confusing.
O'Dormell: We lease to purchase.
Pfab: Can I ask a question here? Is this a way for an astute corporation being
able to depreciate those things and then once you buy them they will
benefit that way7
Vanderhoef: Because we are not taxing them was is depreciation7
Pfab: For the corporation? They are owners; they can depreciate the bulbs. And
they are leasing them to us and at the end (can't hear).
Arkins: They are a public utility and they are a stocked company so I am making
the assumption that (can't hear).
Pfab: That probably had some consideration.
Atkins: I would think so.
Pfab: Which doesn't make any difference to us. It is the bottom line and if that
is what is agreeable to us and it looks like it is a reasonably good deal I am
not opposed to it.
Kanner: Would we have gotten a better rate if we purchased them and floated a
bond to do that now?
Atkins: I am sorry folks. Jeff was here last night and I just can't answer that. He
negotiated the arrangements. I accepted it because obviously of the
notable energy savings.
Pfab: Could I-
Lehman: If you read under item 22 on page 2 it says the rental payment date- let's
see- we need to give notice lessor at least 60 days before the date of
purchase of the following times upon the following terms. The rental
payment date specified at least in each lease upon payment in full of the
rental payments under then due and under such lease then applicable we
own them if we go through the entire period of the lease. We just have to
notify them 60 days before the last payment. That is at least the way I
read it.
Kanner: I guess one thing I am getting at Ernie alqter looking at this briefly is I
assume we are using General Funds?
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Atkins: Road use tax.
Kanner: Road use tax. And that perhaps if we had purchased them right off we
might use a bond.
Arkins: No. I wouldn't encourage debt financing for a five years. It is too short.
Kanner: It is too short? We would still use the same method?
Atkins: Right.
Karmer: Okay. All fight. Thank you.
Lehman: Other discussion? Roll call. Motion carries.
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ITEM NO. 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE PENINSULA
NEIGHBORHOOD FIRST ADDITION SHORT-TERM
FINANCING AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND TERRY L. STAMPER HOLDINGS, L.L.C.
Pfab: Move the resolution.
Vanderhoef: Second.
Lehman: Moved by Pfab, seconded by Vanderhoef. Discussion?
Vanderhoef: I would like to offer an amendment to page one under (b), first paragraph,
where we are talking about what eligible expenses shall be included. And
I would like the insertion of only the expenses incurred after the execution
of this contract so that we are very aware of when we are starting payment
and with what items we are going to be paying.
Champion: I will second that.
Lehman: Do I understand this correctly7 The motion is that if this financing takes
place that funds used in this will be- the only eligible expenditure for these
funds will be for expenses incurred after the execution of this estimate. Is
that correct?
Vanderhoef: That is correct.
Lehman: All right. Discussion on the amendment?
Pfab: Is there any comment from the person involved?
Thompson: I am George E. Thompson III, (can't hear). I object to the City of Iowa
City loaning anyone $600,000 or $700,000. Can you explain why you are
doing this?
Vanderhoef: I will be making the statement at some point tonight about that.
Thompson: Okay, did anyone ever investigate this Mr. Stamper to see what his worth
is?
Pfab: Tommy, maybe if you turned around and we asked him to come and
speak-
Kanner: That is something that can be discussed because it is part of the proposal
that there will be a statement from a certified accountant to make sure the
TLS is financially capable of fulfilling its obligations under this
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agreement. Although I don't know if I quite buy that as being relevant to
this whole proposal. Emie would differ on that. We talked about this
yesterday. Because if it was relevant in that he had the money to make
good on this then we wouldn't need this loan. So in a sense what does it
matter what his- what this certification will show? I don't know if you
follow that.
Lehman: I kind of do. But, I also think that it sometimes takes a little more- you
may have- be very credit worthy and it takes a certain amount of time to
put together a financing package. So a person could be very credit worthy
and at any given point in time not be able to go right out and grab that
money until they put the package together. I do think when you make a
loan you expect repayment or you wouldn't use the word "loan".
Kanner: But what does this letter do that we are requesting?
Lehman: The letter that is required by the purchase agreement- the bottom line says
that TLS is financially capable of fulfilling its obligation under this
agreement. And that is something that is to be prepared by a certified
public accountant and presented to the City I presume to be reviewed by
our finance director or yourself. And without that- I mean, that is an
integral part of this procedure and without that this cannot take place.
Kanner: But how does that get us to the point where we are more sure of getting
our $700,000 back? That is the point that I don't see how this letter does
that.
Lehman: The letter says he has the ability to pay. Do you know whether or not he
or anybody else has the ability to pay with no information on that person?
Kanner: Well, we are assuming he- the whole premise is he doesn't have the ability
to pay because he is not putting up his individual holdings and he doesn't
have the money right now.
Stareper: Can "he" speak to the Council?
Lehman: Yes he may and I don't assume that he doesn't have the ability to pay at
all.
Kanner: Well then we should put that in here I would think.
Atkins: I don't believe that is as critical to the collateralization in this document.
That is you pay for infrastructure only. And that if some reason Mr.
Stamper were to default you own the capital project.
Lehman: Let's give Terry a chance to speak.
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Holecek: And ifI can address the- sorry-
Thompson: -who owns it?
Atkins: There is no capital project yet.
Thompson: I said does the City own this property?
Lehman: Yes we do.
Arkins: Yes.
Thompson: And this Mr. Stamper isn't going to own it until just piece by piece?
Lehman: That is correct.
Vanderhoef: Three pieces.
Lehman: Four.
Vanderhoef: Or four, excuse me.
Thompson: Who figured out this contract?
Holecek: If I can address the condition precedent that you are talking about. What it
does is I don't think it gives us the security that you may be putting on it.
I think the real security as Steve has said is the fact that this property will
not be sold. The City will maintain ownership of the property and the
improvements until such time as the loan is paid off and the property is
closed upon. What this does as a condition precedent is allow us to get an
opinion from a practicing accountant whether to not the balance sheet has
any glaring red flags at the outset. And that is before we even fund any or
forward any funds under the letter of credit.
Lehman: Okay.
Stamper: Okay, a couple of things. One, is-
Lehman: Terry, can you give your name first?
Stareper: I am sorry. My name is Terry Stareper, I live at 1217 Lewis Place. A
couple of things. One is to my credibility. Our investors who are backing
this project have substantial wealth. But like everybody else who has
money it is invested. And should I want to liquidate everything that I
own- sell my house and liquidate all of my assets- we could probably
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come up with the money. But that isn't how you do development deals if
you don't have to. If it gets to the point where we- the 6 months has gone
by and we haven't gotten permanent financing- and I will speak to that in
a minute- we stand to lose everything we put into it which is a year and a
half of my life and at this point over $700,000. So I think my investors at
that point will come up with the money. They are not going to walk on
that. Nothing has changed with this project. The reason why this money
is even necessary for us is because- I want to take you back in time a little
bit- when we were chosen to do this project it was a request on behalf of
the City and some of you here and staff, that we make this as local as we
could. In other words, the idea was when you decided to have an
alternative style of development in Iowa City to sprawl you made a
choice. You brought in some very good people who designed this
neighborhood using the principles of the new urbanism and the idea of it
was to give a model and an example to a different kind of development.
And this is going on all over the country everywhere. And so what
happened was that after you designed this project you went out for
developers and local developers had as much a chance at it as I had. And
what happened was I got chosen because I have had some experience at
this. And we all understood at the time that in order to build this project
there would be resistance from everybody because it is a new kind of
project that local developers, local builders, local realtors, local banks will
resist these things for a while until they see how they work. It is just- it is
natural. It happens every city in the country. This is not unusual. What I
did to keep my pledge to you was I have hired and used as many local
folks as I can. And we are building capacity in this city for this kind of
development and if it is as successful as we think it is going to be there is
going to be a demand for more of it and you will have in Iowa City the
capacity to do this because we have been very careful about hiring local
folks. We have hired local architects, local planners, local engineers, local
attorneys. Local builders are building it for us. Local construction
companies to put the infrastructure in. We have as much local content as
we can. What happened was that I got great response from the local
banks. They called me up and said come; we want to loan you money on
this project. And so because that was the philosophy I went and
approached your local banks. We talked to six local banks. Two of them
didn't have enough money to do it. One of them wanted a 60% equity to
loan value- usually it is 25%. And one of them wasn't ready to do it
because they are not structured to do commemial loans. And the other two
told us at the last minute basically that they weren't interested because
they were concerned about the economy and that this was a new kind of
project. And that is not unusual for banks to feel that way. Banks are very
conservative outfits. But what it meant to me was that I spent three
months trying to keep my promises to you and I ended up without
financing. Now, winter is coming. We have put a lot of money and time
into this project and so have you. And we wanted to keep it moving. And
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that was how this bridge loan came up. I have since taken all my stuff and
gone back to Michigan where- in fact I am going back tomorrow moming
to go to banks that I am familiar with that have worked on these kinds of
projects with me and that understand what the challenge is. And I have no
doubt that within a month or two I will have this financing in place. I
would have had it by now had I not tried to put all of my attention here.
This is not an unusual thing that cities by involved in infrastructure. It
happens all over the country. I have had it in a lot of cities. I am sure it
has even been done here. I know that when you all put the improvements
into Foster Road that the property owners on Foster Road bene~ted from
that. That property became more developable because of your input. And
you will get your money back out of taxes when that property is
developed. This particular loan is a short-term loan. The downside is that
I lose everything if I don't pay it back. You have no risk because it is on
your property. The infrastructure is going onto your property and if I
don't pay it back I default on everything I have got, all the work I have
done, and you get all the infrastructure. You already own the land. One
other issue, and I have forgotten it. See what happens when you get old?
Wilburn: I thought when you started you said I will come to the amount of time-
was it the-
Stamper: I know what it was! It is when it starts.
Lehman: Yes.
Stamper: Good, thank you.
Wilbum: You are welcome.
Stamper: I have an issue with when it starts because basically what you are going to
get if I default is all of the product of all of my work. And we have had to
in order to start construction, which if you had been up there you would
see that it has started, we have had to order up a lot of work from
engineers and Streb and Maxwell. I mean, they are putting in the lift
station today. So if you make this retroactive tomorrow I am going to be
out a lot of money. I need to be able to use this loan to pay for all the
work that is going into infrastructure right now. So that is that issue. I
have got more to say about this but I will let everybody else speak.
Champion: I would like to have you finish. I mean, I think it might be important that
we hear what you have to say before we discuss this.
Pfab: I think his point was that there might be other people in the public that
want to speak.
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Lehman: I think he may have a reaction to others who may speak and would like to
answer other questions that may (can't hear).
Champion: Okay.
Kanner: Actually though Emie if I may, you were speaking directly to the
amendment that was offered.
Stamper: Yes.
Kanner: And I am trying to follow this- you are saying that if you are not able to
pay people that are working already-
Stamper: That is the purpose ofthis-
Kanner: What is going to happen? They may sue you in court?
Stamper: No. They don't sue me-
Kanner: -for payment?
Stamper: No. I have- you do projects with equity, your own money, and with
borrowings. Okay? And my own money- our own money- goes to do all
of the stuff behind the scenes. We are preparing for sales and marketing.
We are preparing architecture. We are working on all kinds of things that
require a huge amotmt of money right now. If I have to take that money to
pay for infrastructure then I get crippled again. So, at this point what in
any development process, you are looking for an infrastructure alone.
And I just explained that. My attempt at getting it local didn't work and
now I am trying to get it outside of the city and I think I will be successful.
But what I need to do is I need to use that $700,000 to pay for
infrastructure. And the work that we are doing to get ready for the rest of
it. I mean, we have done a lot of work already.
Atkins: Eruie?
Lehman: Yes?
Atkins: Terry, why don't you take a moment and explain what is going on there
right now. I mean, it is setting up for the infrastructure.
Stamper: Actually the infrastructure is started. They are working on the lift station
right now. And what we did was we could have waited two more weeks
and so you all approved this but we- our relationship with the City has
been good and we thought we would just go ahead and see- I didn't
anticipate that this request- I figured that whatever work I did I could pay
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for it. And if I couldn't, if you say no, then I just have to stop and take my
equity and pay off the guys that are working on it right now and wait for
infrastructure financing. That is not our preferred approach.
Pfab: Is the weather have any season of the- time in the building season, does
that have anything to do with weather?
Stamper: Sure, you want to get as much done. I mean, Iowa gets cold. Just look at
last year. You want to get as much done when the weather is good as
possible. I want to get as much infrastructure- I want to get the
infrastructure into phase I immediately so that I can get my builders out
there building houses. Because if we get delayed two months on
infrastructure then my builders don't get to start houses until it starts
getting cold and we won't get as much done this year. We will lose a
good portion of the season.
Pfab: Did the suit that the Moose- the Elks- I need to keep them separated- did
that have any effect on what you did or where you are at now?
Stamper: You know, it is hard to say. I suspect it has. I suspect that the Elks
lawsuit with the City had some negative effect on us. But it is hard to
prove. What we are trying to do is overcome that.
Pfab: But did that cause any delay on you?
Stamper: Technically no.
Pfab: Okay. I just was curious.
Champion: Terry, if the City still holds title to the land how do you get financing for
something you don't hold a title to?
Stamper: Well, you get infrastructure financing and as part of the financing you take
out the land, the first phase, we would buy the first phase with the
infrastructure financing and then you subordinate that to the bank and they
own that then. And their money would in this case pay the City back at
$700,000- but the land and then they have their security in our
underwriters, the people who are investors.
Champion: This is big financing. I don't understand it.
Stareper: What happens is our investors guarantee the loans and if they don't do any
good then the bank owns basically the land and the infrastructure.
Champion: Okay.
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Pfab: I have just a question and it is probably pretty easy for me to find it, but
since you are here- what is the total amount of the project that you have a
part of?. What is the total dollars?
Stareper: The total project will be somewhere in the neighborhood of $70 million.
Most all of it done here in the City- almost all of the money is being spent
here in the city.
Pfab: You said about $70 million?
Stamper: About $70 million. The infrastructure alone for the first phase is around
$1.8 million total. And some of that really isn't due until next spring
because there is landscaping in there and other issues that don't get put in
until next spring. So our real need for cash right now is somewhere in the
$1.3 or $1.4 range.
Kanner: Your investors- are they located in and around Iowa City?
Stamper: They are actually from all over the country. The state of New York, the
state of California, the state of Washington, from Kansas, from Michigan.
And we have a couple of guys who we have been talking to for a long time
here in Iowa City but they have been kind of scared off with the Elks
lawsuit and other issues. But they are still very interested.
Kanner: So you threw out the figure $70 million. That is a gross number that-?
Stamper: I am sorry?
Kanner: You threw out a number $70 million. Is that a gross figure (can't hear)?
Stamper: That would be the value of the project when finished.
Kanner: That goes to these investors around the country?
Stamper: No. Most of that gets spent right here in town.
Kanner: Right, but part of that is profit-
Stamper: It is profit.
Kanner: Right, that goes to the investors that are not in Iowa City?
Stamper: Right.
Kanner: Just so we understand that it is not all staying in Iowa City. There is
probably a significant portion that is going outside.
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Stamper: Probably 90% of it- 95% of it is going out- staying here. Quite a bit of it
is staying here. The vast majority of it is staying here.
Pfab: And that would have possibly even increased if the financing could have
been originated here?
Stamper: Well, there would have been the fees and the interest on the loans here.
And we haven't totally given up here. We just cannot focus here
anymore. We were going back to a couple of the banks- one of the banks
said they would like to be involved in phase II because by then they will
be up and running. And other banks said we will probably have money in
September so come and see us then. But I can't do that again. Once was
enough and now I have to focus outside the City. But if any of the local
banks want to call me up and say that they have changed their mind we
would happy to do it here. I mean, that is the whole point.
Lehman: Terry, the terms of this financial instrument indicate that at the end of 180
days you will in addition to repaying the $670,000 will also close on the
land. So this is not just- terms of this agreement do not require just the
repayment of the infrastructure loan. It also requires that you take
possession of the land which I think we authorized two weeks ago tonight
to transfer.
Stamper: Yes, that is tree. We- our position at 6 months is that we either get caught
up- in other words we have gotten financing or these guys have sold off
some stock or something to raise the money and we get caught up- or we
have to leave everything- all the work, all the money and everything we
have got on the table. That is the risk we are taking. And we are taking
that risk because- and in fact our development agreement which was much
more generous in time frames- this is a reduction of our rights under the
development agreement and we have agreed to it because we feel this
project is important. And not just to us or not just to the investors but to
the City of Iowa City. Look how much time you have spent on it. So we
feel it is important to keep going. I mean, we could stop and wait but I
don't think that is in anybody's interest.
Kanner: Well speaking of anybody's interests I do have some concern on behalf of
the City for the length of time of 180 days. I think that something in the
order of 60 days is more reasonable. And also a concern with section c on
page 2 in the ability to extent it for one year under certain conditions- and
especially number 3 the unavailability of skilled housing labor or the
unavailability of building material.
Stamper: Mr. Kanner, that is language right out of the original agreement. That is
not new language.
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Kanner: But this additional money that we are taking wherever the language might
have come from and I think it might be more appropriate for the original.
But for this additional money I have concern about it coming out of our
reserves and the possibility that it might be out even further. So I would
rather keep this as tight as possible and remove that kind of language.
And keep the number of days as short as possible. And I am inclined to
support the amendment that is on the table right now for only financing
what is in the future and that I would say would I prefer that it be up to
you to pay off past debt.
Stamper: There are a couple of things. One, let's speak to your two months. This is
a true story. I lost everything in 1989 with Sadam Hussein invaded
Kuwait because I had worked on a project for four years and it had
environmental issues and when I finally got them resolved I had only 6
months left to either sell the project or to go forward with it- get financing
and go forward with it. And Sadam Hussein invaded Kuwait and I
couldn't borrow money. Nobody could borrow money. No developers
were doing anything because they didn't know ifa war was coming. They
didn't know what was going on. And it got very weird. Now, the banks
here in Iowa City turned me down, they said for the most part because
they are worried about the economy. And two months just doesn't give
me enough room. If anything goes wrong- if there is any little blip in the
Middle East or any place in the world every body panics. If the stock
market drops 100 points everybody panics. And I could have two months
of absolute no activity. Everybody is saying call us back in two months. I
need six months. That is a reasonable amount of time. I don't think I am
going to need six months, all things being equal- but then I thought I was
gong to get financing in Iowa City. You never know. If this project is as
important to you as I think it is this is not an unreasonable situation. I am
not making unreasonable requests. And once again, I beg you that this
amendment will not serve us very well. It would be much better if I don't
have to use all the money I have left to pay for infrastructure that has been
started over the last two weeks and can use that money on the other issues
at hand, marketing, architecture- all the things that make the place special.
You will just slow us down. And I don't think that is your intent. I
understand your need for security. But I think you are in pretty good
shape with this. We have done nothing wrong. We have done everything
right so far. This has been a relatively easy project for everybody
involved. It has gone quite well. And it is going to be wonderful when it
is done. It would be a mistake I think at this point to put a pause on it or
tie it up so that it makes it more difficult to do. When we are done with
the first phase- next year when the first phase is done and you have 50
houses out there and everybody likes it then a lot of this resistance is going
to go away. But until that time it is a battle. And it is always been a battle
in every city. In the early days of traditional neighborhood development
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developers could not get loans from banks- could not get loans from
banks. They did everything to get loans and solely over time banks that
took chances and realized that it works quite well- there are some three
hundred of these around the country now- 150 of them finished or nearly
finished and another 150 in planning- so this is not a harebrain wild idea.
This is a response from human beings about their living environment. We
have over the past 50 years done great things to raise the standard of living
of everybody in this country. We all have more bathrooms, bigger
kitchens, more square foot, bigger yards. But we have decreased the
quality of life in a lot of cases. And this is a response to that issue of
quality of life. If you survey people in this country 70%- 30% of the
people in this country love the suburbs just like they are. That is where
they want to live, they will always live there, and they are quite happy.
The other 70% are looking for something more. The City of Iowa City is-
this project is trying offer that something more. And I just want to keep
going.
Champion: Thanks.
Pfab: Let me ask you this question. Is there any advantage if you could get
financing tomorrow or a week from- after this would go ahead- to keep
financing it this was or go to your permanent financier?
Stareper: If I have financing before the first bill comes due then you don't have to
give me any money at all.
Pfab: Is this type of financing more favorable to you then what you would
expect on your final financing?
Stamper: Your interest rates are a little higher but you are not charging fees so it is
probably a push.
Pfab: Okay.
Kanner: Irvin, actually he is required as part of the agreement to pursue permanent
financing outside of us. So he doesn't have a choice in the matter.
Siamper: And we have been doing that.
Pfab: That wasn't the question that I was trying to bring up. Does he have an
advantage to hang on until the last day? I don't think he does.
Stareper: No, the agreement says that as soon as we get financing we must take you
out which means principle interest and the first phase of land.
Pfab: It is contractual also.
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Stamper: Right.
Karmer: And they have to look on a regular basis for other financing. They cannot
avoid that. That is part of the agreement. And we get reports on that.
Stamper: And we are. I mean, we are working 6 banks fight now and about to add 3
more. Let me speak to that too. It is a lot of work for a bank to go
through a package. Our package is about that thick. And it is a lot of
work for somebody to go through it. And you don't as a borrower- as a
developer you don't just blanket the countryside with packages because
you are making a lot of people do work that doesn't pay off for them. You
only focus on the banks you think you have a chance with. You go
through an interview process and they go through an interview process
and basically you focus on those. So, you know, it is not like you should
throw 50 of them out there. We have got about 6 and we are going to go
to 9 and that is really kind of pushing it. But within a few weeks we will
know. We will have a better sense of where we are going with this thing.
I don't think it is going to take forever unless something goes weird in the
economy. You get the stock market drop 200 points in one day and the
banks stop for two weeks and wait to see what happens. I mean, it is
human nature. They are very conservative organizations and should be,
they have got our money.
Pfab: But the banks will tell you it is not their money, it is other people's
money.
Stamper: It is other people's money. They should be cautious. I wouldn't want
them to be any other way.
Champion: (Can't hear) money.
Lehman: Why don't we let Terry sit down for a minute and see if we have other
people from the public who would like to comment and then we will come
back to you Terry.
Hochstedler: Good evening, I am Kevin Hochstedler, vice president of the Home
builder's Association.
Phipps: I am Rob Phipps and I am the chair of the legislative committee for Home
builders. And we are going to let Gary read a letter that we wrote to the
City Council and then we will all answer any questions that you might
have.
Crosby: I am Boyd Crosby, second vice president with the Home builders.
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Werle: I am Gary We~e, excuse me, the present president of the Greater Home
builder' s Association. Earlier I think you all have received a letter that we
put together.
Lehman: Yeah, we have it.
Werle: I am just going to read it verbatim. I am not good at speaking as you can
tell with these frogs here. Anyway, bear with me. Dear Council members
and Mayor also. The Greater Iowa City Homebuilder's Association
respectively asks the Iowa City Council to answer the following questions
regarding the Peninsula project. Our association isn't an advocate of the
private enterprise system and is concerned about the City approving a
short term financing agreement in the amount of $690,000 to developer
Terry Stareper L.L.C. of Troy, Michigan for the Peninsula neighborhood
project. Why is this project worthy of short term financing from the City
of Iowa City for $690,0007 The association believes the contract as
written with Terry L. Stareper provides alternative financing in the event
of economic impracticality pursuant to section c of the first addition short
term financing agreement. The alternative financing is not available to
local developers in the private sector. The local developer would need to
obtain financing for their developments, pay cash, or their project would
not be constructed. What is the contingency plan if financing is not
obtained in 180 days? The association is concerned about an out of state
developer that doesn't currently have the financial resources to begin the
first edition of the project. Local banks have not approved the financing
of this project, why should the City taxpayers assume this risk? As
professionals in the industry we believe the Peninsula is a high-risk
project. As citizens and taxpayers we believe the Council should answer
these questions publicly to insure the welfare of our community. We ask
the council to consider public discussion at the next council meeting.
Thank you for your consideration signed sincerely Gary Werle President
of the Greater Iowa City Homebuilder's Association.
Wilbum: I think the one- if I may- the one question what is the contingency plan if
financing is not obtained, I think it has been said that the City owns the
infrastructure that they put in.
male: That is correct.
Wilbum: So that answers that question. And maybe you can comment- I guess I
will just make a comment and you can respond if you like. I am not really
looking for an answer to this. One of the questions that you proposed is
why should the taxpayers assume this risk? Some of the- I think-just in
thinking abstractly it kind of reminds me of some of the questions that
were posed to us when we provide- the city- provides a tax break or tax
increment, private financing, the Sycamore Mall area urban renewal thing-
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those similar comments so I just find it interesting that it is kind of a
parallel comment for me. I guess the only other comment I have is if this
were a one time developer request coming up in front of us I might view it
a little differently but this has been a multiple year project and a multiple
year agreement. And so that is why I am willing to go ahead with this so I
will- that is just my comment.
Phipps: To us it just seemed like the issue of financing the project came up rather
quickly and was put through rather quickly and so we are not really
criticizing we are just saying we would like to know more about it. And
actually as the Home builder' s Association we were hoping maybe to have
the Planning Staff come and maybe they could explain it to the Home
builders and maybe to our board or something like that. So we would just
understand more about it and what this (can't hear) for other developers in
the area. So we are not necessarily criticizing it we just are very curious to
know more about it and we do have these concems that we just brought up
here.
Wilburn: The financing part of it- not necessarily the full project, which has been in
discussion which I assume you have been following all along?
Phipps: Sure. The whole project sure we have been following along quite good.
But it is this financing issue that again I said seemed to come up rather
quickly and I guess we didn't realize that that was available and we just
are very curious to know more about that.
Pfab: I have a question, did Terry answer any of your questions or fill in some of
the blank spots that you may have had?
Phipps: Not really for me, no.
Pfab: Is there any question that you would like to ask of him directly?
Werle: I guess a couple of questions come to mind. Mr. Stareper mentioned that
he stands to lose a lot of money if in 6 months he doesn't obtain his
financing. Me as a builder I guess if somebody gave me their credit card
to start a project that I didn't have financing on all I am losing is my time.
Stareper: I didn't say that.
Lehman: Let him finish and then-
Werle: So I guess what he is losing here I as a builder wouldn't start a project. He
alluded to he has got people out there working now. I wouldn't start a big
project or a small project ifI didn't have the financing because of the risk
that would be involved. He alluded to and I meant to ask him- you said
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there would be 50 homes built at this time next year. I guess I am
wondering where those 50 people are going to come from to occupy those
50 homes and if they are single people or there are 50 families. And I
guess that it some questions and some concerns that I have got after
listening to Mr. Stamper.
Phipps: I would have one question to ask him and Terry maybe you could answer
this. You had said that you had hired builders here. So they are going to
be on your payroll?
Champion: You need to speak in the microphone.
Lehman: You need to talk in the microphone.
Phipps: I am sorry. He said he had hired builders here and I-
Stareper: (Can't hear).
Lehman: Local contractors (can't hear).
Phipps: The word that he used (can't hear).
Pfab: I think we have a communication problem. I think Terry has to get to a
speaker. There is a speaker here. There is a microphone there.
Lehman: Well, we can take one (can't hear).
Phipps: I am just trying to clarify (can't hear). If his exact words were I have
hired the builders (changed tapes)
Stamper: We're going to have four models.
Phipps: But you will own the models?
Stamper: I'm sorry.
Phipps: But they will own the models.
Stareper: No they will.
Phipps: Oh they will, and they will be for sale.
Stamper: Yes.
Phipps: Okay.
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Stamper: And to speak to your point I never said that if I didn't get this loan I was
going to lose that money, I said that if I didn't pay that loan back I lose the
money, it's different.
Pfab: I think just one other point that I think maybe needs to be spoken here this
money, your not going to get a credit card, your going to get checks to pay
your.
Stamper: It's going in to the ground, into the infrastructure.
Pfab: The money is never going to go directly to him, it's going to the.
Werle: We understand that, we understand that, but as a builder, as a developer,
whatever, basically I'm going to speak as a builder because I have no idea
what the developers do. If I said somebody said yes Gary go ahead I'm
going to give you six months to build and if your project doesn't take off
you have nothing to lose but time I'd be willing to gamble on that because
I have no out of pocket expense other than my time, it's different than
when you go to the local lending institutions such as I have to do, sit down
put all the cards on the table, request X number of dollars, and then
personally guarantee it myself and through the company then I take the
money, or I start the project and if it fails I'm out the money, I'm paying
back the bank, I'm personally paying the back, whatever avenue I want to
take. So there is a great, great deal of difference than starting a project
with X number of dollars giving six months to either make it or break it
than starting with X number of dollars from this pocket and making or
breaking it, that's what I wanted to (can't hear).
Pfab: I think you may be, there may be something slightly different here, your
talking as a builder, he's talking as a developer but he has costs before you
as a builder can go ahead and build.
Stamper: We've got substantial money in this, and I agree with you I would not
normally start anything without financing in place. What we did do was
that we have enough money internally to cover the costs that are out there
fight now if we have to wait for financing, basically. And so we'll do that
if we can not get a bridge loan the way we're trying so we just stop, pay
off everybody for the work they've done and wait until we get underlying
financing, that's how it works. The idea that we're trying to keep going
and we don't feel that the, we didn't hear from any of the banks that they
didn't feel we were credit worthy, they were just worried about the
economy, that under those circumstances we believe that we'll be able to
get money outside the state and in the meantime the whole idea of this is
just to keep cranking. And with the $690,000 credit line I can keep doing
that and then I can be building houses this year.
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Phipps: Can I ask you a question about the $70 million dollar figure that was
thrown out, was that the market value of the improved lots or is that the
market value of the improved lots with the houses on it?
Stamper: Of the houses, of the houses.
Phipps: So your cost isn't, your gross value isn't $70 million.
Stamper: No.
Phipps: That's once the builders build on it.
Stamper: Right.
Phipps: That's probably a real important point to keep in mind. And all we're
asking really is that the City Council take a step back and really look at
this and get a little more input from the public not just the Home builder's
Association but all of the citizens of Iowa City before something like this
takes place.
Pfab: I, well, could I ask you, what questions do you have that we're not
answered?
Phipps: Pardon.
Pfab: What questions do you have that as a petitioner that you would have that
you think are not answered as of now.
Phipps: Well number 1 what would the City Council do if they, what would the
city do if we got this back? You know the land with the infrastructure
done, I don't know, I'm not saying that I know the answer to that question
but are we locked into this one avenue of this type of project or can we go
to a different type of project?
Lehman: Well let me just say at the worse possible scenario, if everything totally
fell apart I suspect that you and a lot of your friends in the Home builder's
would be down here fighting with the City to make bids on that property.
Stamper: And you could always.
Lehman: To build whatever.
Phipps: Even with the infrastructure that's put in?
Stamper: Yea because you could always replat it to different size lots, I mean we
have small lots, narrow lots, it's using the principles of new urbanism but
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it doesn't mean that you couldn't take that same street network which is a
pretty good one and change it to your conventional building.
Phipps: And I don't doubt that's true, I, you know and I respect what you're
saying I just.
Lehman: Well let me just, and I don't want to interrupt the discourse, but I do think
that we're dealing with a very very unique situation and this isn't one that
I'm real comfortable with and I don't think you are Terry, I mean I don't
think we're in a situation where I would have expected that the city would
have been asked to do make a bridge loan. On the other hand we have on
occasion within the city whether it be tax abatement, urban renewal, tap on
fees for putting in sewers, industrial park where we put in the
infrastructure and we don't get paid until the tap on's take place, North
Airport Commercial where we put $2 or $3 million dollars in
infrastructure of city money, we get paid back when it develops so this is
not totally unheard of.
Phipps: A little.
Lehman: But we have asked for a very unusual development, one that admittedly I
think is risky, I mean there's no question it's risky, it's risky, that's why
the banks aren't jumping up and down trying to loan the money. The
Council I believe after a presentation by Dover Kohl I think it was four
years ago, and I know of three Council people who saw that presentation
who had visions of that property being very large lots, single family
subdivision with $2 million dollar houses, and those three Council people
became very strong proponents of this concept that if we could do a
development that would have 300 or 400 units on it that the cost to the city
of providing those services are very similar to the costs of providing the
services to the 2 dozen houses that might otherwise be there. But the
revenue from the taxes on 300 units is significantly greater than the
revenue from taxes from 12 or 15 very very expensive homes that we
could provide enough folks there, we can even provide bus service. So
Council and I believe that the past Council and I do believe this Council,
well obviously they can speak for themselves bought into the idea that this
is something that's worth trying. Now obviously this isn't something
that, first of all there aren't a lot of builders that have the financial
capability of taking that sort of risk, it doesn't work your broke. And so
we and I'm sure we're in the process, we put it out, we got the bids, we
selected, and then we have really asked Mr. Stamper put this together, this
is what we want, he said I think I can make this work for you, you know
it's worked in certain parts of the country. And I feel that right or wrong
there is a certain partnership here between the city and Mr. Stamper to try
to get this project on line to make it work. Now I don't think that that
obligates the city to risk tax payers money and I don't believe that other
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than the fact that we've held that property for five years with nothing
happening to it and obviously we have forgone the interest on the money,
we've forgone the taxes on the property. This arrangement as it's
presently being proposed it appears to me that the risk to the people of
Iowa City is basically slim and none, if, if, this doesn't work and I believe
that there are 7 people here who really want to see it happen, and I think
there's some other folks in the building and I also think there' s going to be
some of you folks who will maybe 3 or 4 years from now may applaud
this effort as being successful. But if it doesn't work we own the land, we
own the infrastructure and heaven for bid but if Mr. Stamper is tinable to
comply with not just paying back the $690,000 but paying for the property
that that infrastructure is located in, if he can not do that in six months
time the project if we choose goes away, it's gone, if we want to develop
that as large single lots subdivision we can do that, if we want to make a
golf course out, whatever we want to do, my suspicion.
Phipps: And I understand that.
Lehman: My suspicion short term is if we decide to sell that property for large lot
single family we're going to get a lot more for that property than we're
ever going to get from Terry.
Phipps: And I understand what your saying, just as the Home builder's we think
that this project should stand on it's own, the risk involved in it should
stand on it's own.
Lehman: I hear you, and I don't disagree.
Phipps: Separate of government and we just really want you to take another couple
of weeks, don't jump into this, take another couple of weeks, get a little
more input before you make this loan so that's all I'm going to say.
Pfab: I think you people did a very good public service by coming forward to
this although I will, I'm not really comfortable taking another couple
weeks just because I look at the calendar I think this is a, this is not, we
have been working and struggling with this, City Council, staff, other
people and there' s been a lot of man hours and work put into this, this is
not something that's spur of the moment. We knew when we started but it
had some parells to it.
Phipps: But how long has this money issue? That hasn't been going on for (can't
hear).
Pfab: Well but the problem is.
Phipps: The project has been but.
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Pfab: I think that, I don't think you will disagree that if the infrastructure is there
put on the city' s land that there' s a great deal of risk to the city. I don't
think that you would state that.
Phipps: And I would just question should there be any risk?
Pfab: Should there what?
Phipps: Should there be any risk?
Pfab: Oh, I, and my question is I don't think there is, but that's only my point,
that's only my thought.
Lehman: But there's a question of philosophy here and I hear that.
Pfab: And I think you people did a good public service by coming and making
this point.
Werle: I guess as Mr. Lehman mentioned we've had the property, we being the
City of Iowa City for 5 years, what' s another two weeks going to matter?
We're just asking to get, we've been inundated by phone calls from our
375 plus members and it's hard to pull a group of people together in a 48
hour period, it's just hard to do that, granted yea we've had local
developers that had the chance to submit their bids and for whatever
reason I don't know what happened they were turned down or it was given
to Mr. Stamper but the decks kind of, the cards are shuffled a little
differently here, could those developers come back in the same scenario
and maybe make it work with the six month? I don't know, but all I'm
asking and all Rob is asking is if we can postpone it for two weeks or your
next council meeting for public discussion and I'll bet there would be a lot
more than five people the building industry here.
Pfab: I guess I would go back and ask you the question that I asked earlier. Are
there any questions that your asking that are not being answered that you
can think of?.
Werle: I think all my questions pretty much have been answered but again let me
reiterate I'm not a developer.
Pfab: Right, no, no.
Werle: So there's things them, all I know is I'm buying a lot, I'm building a house
and I certainly don't do it unless I've got the pink slip from the bank that
say's I owe X number of dollars for repayment and it's okay to build.
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Pfab: Okay maybe I can ask the question, I don't k now, this is a, and I don't
know the answer to this one, you should never ask a question you don't
know the answer and I'm doing this. Is there a possibility that you people
will be working together? You as a group?
Werle: What do you mean?
Pfab: Are you doing building? Are those, are you going to hire those people?
Stamper: We have three builders right now, and we're about to hire a fourth builder
and that's probably all we're need, if they need more than that they can
add more. We're also going to have, there are some builders, other
builders who have approached and so we think that this core group of four
will build most of the houses but every year we'll invite in those other
folks that would like to build a house up there because we think
architecture is going to be a key and so some builders really like building
special houses, this is a good place to do that. So we'll work with, we
think over the five years we'll work with quite a few of the local builders
one way or another.
Pfab: Okay, was the process, when you went looking for builders was that an
open process, an open call?
Siamper: Yea they came to us.
Lehman: Irvin it's not relevant.
Pfab: Well (can't hear) answered our question.
Lehman: No but that's not relevant to the question we have on the agenda.
Stamper: Well I'll answer real quick, we talked to everybody who called us,
everybody, I met with anybody who called us, I talked to them, the guys
who I'm working with now happened to be the most aggressive, they were
the ones that came and said early we want to do this, we want to be
involved.
Kanner: One of the concems that I agree with the Home builder's Association is
that we as Councilors we got this information only on Thursday, and I
think we do need, it would be prudent to take more time, and the 180 days
was only proposed yesterday that we first became aware of it, and I don't
think that's the best way to move things along and I think even though
questions Irvin may have been answered for these individuals, we don't
know other questions might come up. I don't know if I agree with all that
the Home builder's are saying because I think we certainly live in a world
where there's risks for everyone involved and as government we assume
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some risks, some we cover for it, some we move things in a certain
direction that' s our role. So that it's covered across the board but I think
the process of having a few days just to look at this is bad and I think two
weeks, two to three weeks will not be bad for the project and if necessary
as we heard from Terry Stamper he could go intemally into his
organization and his corporate structure to pay back the money that' s
necessary.
Stamper: Not for three more weeks or even two weeks if I want to keep everything
else going, I'd have to stop.
Kanner: What do you mean now?
Stamper: The money I've got internally, the equity that I have would go towards
paying all the work that' s been done out there right now and I would have
to stop all the other stuff I'm doing. In other words the marketing, the
architecture, everything so the project would come to a halt for three
weeks.
Kanner: But you would be able to pay off though the debts that you have previous.
Stamper: But I would be hamstrung, you would hamstring me by making me wait
two or three more weeks.
Lehman: Terry from a time frame stand point this finance agreement that we have
requires a report from a certified public accountant that meets, that would
be reviewed by our city staff, when would we get that?
Stamper: Maybe tomorrow, I understand that it's done, or nearly done, you'll get it
really quick.
Lehman: Oh really so that is something that has been prepared.
Stamper: Oh I started on it the second I found out it was a requirement.
Vanderhoef: I'm curious is it a CPA or is it just a public accountant?
Stareper: We have two CPA's actually, one in Phoenix and one in Detroit.
Vanderhoef: So they are both CPA's.
Stareper: Between the two of them one of them will do it.
Atkins: Kevin is a CPA also.
Lehman: Right, I mean our Finance Director is a pretty sharp guy.
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Vanderhoef: Well our contract says public accountant it does not CPA, and there is a
difference between those two.
Stamper: Basically what your going to get is a statement that the investors in this
project have more than enough money if they want to liquidate assets to
pay back the loan.
Vanderhoef: Well I truly haven't said much tonight and I don't think I have much to
add, I agree with Emie that we've done a set of precedence on projects
that we have done both for homes at the end of Court Street where we
bypassed our, a piece of land that wasn't even and still is not in the city
but chose to go ahead and develop a road that we will be paid back for in
proportion to the use of it from the land when it's developed. We have
developed land for commercial enterprises and Emie listed all those, you
don't need to hear them again, we will have the improved property that
will come back to us that is very sellable in my mind. The use of the
enterprise fund, the dollars that are being put into the loan are coming
from infrastructure funds anyway, they're coming from water, they're
coming from sewer and they're coming from road use funds so it's not
general fund money so it is not affecting our city reserve fund in any way
shape or form and these funds are used for infrastructure and that's what
they're being loaned for and the contract is very clear that these funds can
only be used for and they will be approved by the city before any money is
expended so when they send us the statement we will look at it and decide
that it is truly an infrastructure that meets the guidelines of the contract
and then we will issue the two party check that goes out to Mr. Stamper
and also with the contractor who performed the work. So given all of
those things in place I will be supporting this project, I had no idea that
you had started, and in speaking with an accountant today and a few other
folks it occurred to me that this would be a clear way to say to the public
with this amendment that nothing in the preplanning, the plat, the final
plat, all of those kinds of things that had to be done, none of those would
be paid for with this that those were already expenses that had been
expended by Stareper and Associates. So this comes as a surprise that you
chose to go forward with this, I guess I could withdraw the amendment
still recognizing that it is for an infrastructure, I just thought it was a better
statement to put it in there and we could move forward.
Lehman: It's very clear.
Vanderhoef: That with the approval of the second I will withdraw the amendment.
Champion: I approve.
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O'Donnell: Well and I've been pretty tight too and Dee sits supporting the project, and
I've supported the project all along but I do not support this method of
financing. I believe it should have been in place, so I will not be
supporting it.
Phipps: Dee can I say something with the comments that you made that that could
all be very well true, this could be just like the other projects that were
financed with infrastructure money but we haven't even had an
opportunity to look at it, I mean we've just known about this, we're just
asking for it to be explained to us better and not ram it through tonight.
But let us know a little bit more about it and then vote on it next week or
the week after, I mean all these things could very well be true but we don't
know that this type of infrastructure financing is the same as these other
ones, these speak about like Court Street, I personally believe it's a little
different.
Lehman: Oh I think it is different.
Champion: It is different.
Phipps: But there might be some similarity to it but I think this is a new thing that
we haven't done in the past. And I'm just asking take a little time and
think about it. Thanks.
Champion: I don't think the city has in the past ever taken such a major role in the
design of a subdivision or had the public so involved as it was in design of
the subdivision, it was not the Council or the staff it was a lot of people
involved in the design of this project, it's very different, it's different than
anything I think we've ever tackled as city, I don't think there' s any
question about it.
Lehman: I think Tom Gelman has something to say either that or he's exercising.
O'Donnell: Maybe both.
Champion: He's pacing.
Tom Getman: Thank you, I'm here for Chuck Sodergren, he's a developer in the area,
local developer, he's been developing for many years now. If you're not
familiar with Chuck, he would be here but he was involved with family
commitments and he apologizes but he felt this was important enough to
have legal counsel here in his behalf. If your not familiar with Chuck, he
developed Cherry Hills, and Forest Gate and Auburn Hills, and Highland
Park which is presently developing now, parts 1-8, the subdivision in
Coralville with parks, trails and common areas and very great immenities
for it's residence. Chuck and his wife Kay have also been involved in
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connection with the development activities with gifts of 25 acres of land,
very valuable land to Oakdale Research Park, significant grant to Regina
Education schools to provide some computers to the entire school system.
They've been co-donors of, they were co-donors with McCurry family of
15 acres for Kate Wickham school in Coralville and they gave a
significant grant to the City of Coralville for trees for Auburn Hills Park. I
mention these because they're relevant to a proposal that Chuck has asked
me to present to you in a few moments. It might also be relevant, I'm not
sure but I don't want to fall to disclose, it might be relevant that Chuck
was involved with two other developers assuming a proposal to the City of
Iowa City for the development of the Peninsula, that proposal was
substantially more money than is being paid for by Stamper Holdings but
it was for a more conventional development of that area. Chuck's
concems are basically as follows. He's concemed about lending public
dollars for private projects, and believes in the case that if you do so that
you have to provide extraordinary scrutiny and there should be
extraordinary circumstances. Chuck is concerned with the collective
wisdom of many experienced business people who sit on the loan
committees, and the Board of Directors of local financial institutions is
being ignored. Chuck's concerned about the excessive traffic on Dubuque
Street developing the Peninsula so intensively is likely to result in 400
units. Chuck believes there is a risk of non performance here and to say
that the city will receive the property back doesn't answer the question, it
just begs the question, once the city receives it back, what will it do with
it? And he believes that we are somewhat at a point of non-return. That
once you begin this development of the infrastructure you have set the
course for the way that that Peninsula will be developed, and if you get the
property back you will detracted from it's value to other developers who
might be interested in developing it another way because the infrastrnctum
will be installed at that point in time and it will never be the same, streets
will be in, sewers will be in, the water lines will be in and you will have
fixed the way that it can be developed in the future. Chuck believes that
this innovative type of development is perhaps a very good idea but
perhaps not necessarily at this time or at this place. And he wants you to
know that them are other opportunities for developing the peninsula if for
some reason this transaction falls through. He believes that there are a lot
of good developers locally who might develop it more conventionally but
very successfully and Chuck himself is one of those developers who is
willing to do so and he's specifically requested that I make this proposal
so that you would know that for if any reason this particular development
plan does not go forward that there is someone else out there who would
be willing to develop it. Chuck would be willing to purchase the land for
the same price that Mr. Stareper, Stamper Holdings is purchasing the land
under the same basic terms and conditions of payment. He would be
willing to develop about 60 plus or minus residential lot for single family
use. He believes that doing so would create much less traffic on Dubuque
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Street which would be beneficial to the entire community. He believes
and he is confident that he would be able to get local financing for the
project and would move forward swiftly. And he was also be willing if he
were given the opportunity to take 50 percent of the development profits
and return them to the citizens of Iowa City, he believes this is the
taxpayer's land and they ought to benefit from this land and he'd be
willing to take 50 percent of the development profits direct them to the
Iowa City Public Library for some purpose that he and the Board of
Directors would agree for some special project that he and the Board of
Directors would agree and he asked me to let you know that there are
oppommities out there if for any reason this particular project is not
feasible at the present time. Thank you.
Lehman: Thank you Tom.
O'Dounell: That's an incredibly generous offer.
Stamper: Can I just speak to one thing of that, I don't know how Chuck knows that
we're going to default on this loan, I'm not sure.
Lehman: No the other point.
O'Dounell: No this is just a.
Lehman: Well the other point is and I think it's clear or at least if I misunderstood
this Terry tell me, if the Council chooses not to give you a bridge loan that
means the project gets delayed probably for a construction season that
doesn't mean the end of the project, that just means that we're moving,
we've ceased to move forward. And things grind to a halt and we kind of
have to fall back and regroup and timing of this could be substantially
longer.
Stamper: Right, our development agreement which is in force now gives me 30 days
from the time you clear the title and approve the first phase to close on the
land, and then I have basically 18 months after that to finish infrastructure
so if this deal gets killed then what I'll do is go raise the money that I need
to take the land out in 30 days and I'll basically have 18 months to put in
the infrastructure, I mean if that's what you want me to do I can do that
but that' s not, I'm not going to walk out for at least 18 months.
Pfab: Okay I have a question, I think.
Lehman: I think we have somebody who wants to speak.
Pfab: Oh I'm sorry, I'm sorry.
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George Thompson: I don't know what happened to my voice, I haven't had any liquid.
Pfab: I'll get you some water.
Thompson: The other question is a resident, I can remember playing golf with Bill
Meardon and he told me this was probably 15, 18, 20 years ago that the
city wanted him to put a bridge in if he wanted to develop that land. Now
is there any truth to that?
Atkins: I never heard.
Thompson: What's going to happen when these people decide that we've only got one
exit out of here and something happens to that exit, now what are you
going to do with the Peninsula?
Lehman: Well I don't know that that's an issue but I can tell you that the cost of a
bridge I doubt very much ifthere's ever going to be a bridge built across
that river for automobiles.
Thompson: Thank you.
Lehman: I understand.
Thompson: I mean you'll probably put the bridge on River Street.
Lehman: Well I-understand that in the past that was (can't hear), at one time
somebody did look at that I think but I don't think it was ever seriously
considered.
Thompson: Thank you. Well I'm just a concerned Iowa City resident, I've lived here
for 52 years, I'm not a builder or anything else and I don't see that the
City of Iowa City has any right to loan anybody money period, end of
quotation.
Lehman: Okay thank you.
Pfab: I just have comment that I'd like to make here, I think that from the
statement that Tom Gelman made concerning his client is that the City is
probably quite well secured in the value of the land.
Lehman: We have a contract, we're not discussing anything other than whether or
not we're interested in making a bridge loan because we have a developer
for that parcel at this point in time.
Pfab: But I mean it just goes to prove that while we.
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O'Donnell: There is other interest.
Lehman: Yes.
Pfab: Yes and there's value, other people think there's value in it,
knowledgeable people.
Lehman: Okay are there other questions Cotmcil has for Mr. Stamper? Okay I think
we have someone else who would like to speak.
Dawn Mueller: Thank you, my name is Dawn Mueller, I am a citizen who is not
affiliated with any developer or any contractor or any financing body I just
wanted to make the statement that as a person that is concerned about
urban sprawl and rapid development in the area that I have some strong
concerns about the issue of precedent setting. Again I have no particular
knowledge about any of the financing concems here but I am concemed
about the possibility of sending a signal to developers especially outside
developers that the City of Iowa City may be used as a bank.
Lehman: Thank you.
O'Donnell: Impossible (can't hear).
Lehman: Discussion from Council.
Kanner: Terry, by no means am I an expert I've read a little (can't hear) counselor
and actually overheard one of your associates talking at a P & Z meeting
and I'm not a true believer in this but I do believe somewhat in the
principles of new urbanism and from the way she was talking she sounded
like a true believe and so I have to believe that most of the people you
work with and that you yourself believe in the concept of the new
urbanism that' s part of this project. On the other hand what it's about for
you and you've talked about is making money, that's the reason your
doing it also a large aspect of it, so I have somewhat conflicting feelings.
I, we have spent considerable investment in this from lost potential money
so in affect we're subsidizing this project $600,000 to a million dollars.
What we're getting in return are two major things one the design, the new
urbanism concept and we're getting a discount on some land for low
income, low to moderate income housing, 10 percent we're getting. So
we're putting money out there and again we're being asked to put more
out there for something that we're, if we're getting some return, I don't
know if we're getting enough return for our investment and that's why I'm
hesitant to put out more money whether it's a loan in this case or it would
be in a grant or in any type of money at least without further discussion on
this. And I feel that as you said the possibilities for you to continue are
not contingent solely on receiving this money from the city, so at this
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point I'm ready to vote against giving the money, loaning the money
under the conditions that are stated. I will offer an amendment that we,
not an amendment, I will move to postpone this vote until our next
meeting, City Council meeting, and so I'll make that as a formal proposal.
Lehman: Is there a second to that amendment? The amendment fails for a lack of
second, further discussion.
Wilbum: I guess my final comment to Council would be that past Council, and this
current Council has verbally affirmed this partnership and the
understanding from the prior Council and to this Council that there were
going to be some constraints, some logistical things that are going to have
to as we move fortyard in this partnership to pull off t his project for some
of the benefits whether you know you buy into all of them but I think most
of us acknowledge that there was some type of benefit that we were
getting, maybe not all of it you wanted but I think some of the comments
we've heard tonight are really just playing out of some of that resistance
that and not resistance in a negative way but just if some type of change,
something new, I would suggest that we're experiencing that now and we
put the message forward that we want this project to go forward, we've
communicated to our developer this is what we want to happen and so I,
you know, some things related to the Elks had used related to their
argument some things in the counterproposal which is a generous proposal
that we heard tonight I think are some of the same arguments against the
development in the beginning that came up when this was first, when it
was (can't hear) prior Council so I'm going to support this and I would ask
you to consider that we're just experiencing what we anticipated we would
experience so.
O'Donnell: And Terry I'd like to tell you that my vote does not in any way reflect my
feelings toward your credibility or the project, I simply disagree with this
financing, I do not believe that a delay would change the Council vote, I
think there' s (can't hear) group or in two weeks so I'm prepared to vote on
this.
Lehman: I'll just, I'll just one make one comment, I absolutely agree with Mike I
just come to a different conclusion. The project to me is unique, it's
different, I do not like the concept of the city being involved in financing
infrastructure even though I do believe there's precedent for it but this
project is too important to this Council and this community to see it go
away before a very short term commitment on the part of the City for
which I see no particular risk, however, I will be very difficult to convince
after 180 days that there should be any further, I mean I believe that we
knew a year ago that this project was going forward, you knew it was
going forward, you knew of your obligations, we knew ours.
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Stamper: Absolutely.
Lehman: And it's unfortunate that your talking about this fight now but I don't
think we probably should have to be, I'm sure you'd rather not be standing
there and I really really wished you weren't.
Stamper: I'm as disappointed and surprised as you that I'm not funded by now and
in 6 months if I have not been funded in 6 months then there's something
terribly either wrong with the economy or with this idea, we have all been
wrong for the last four years on this idea and I just don't, that just doesn't
seem to be a possibility to me. This is something that's going on all over
the country, in a response to a real need on the part of the people to have
an alternative to the conventional development and I just think it,
everybody we've talked to here, everybody who's contacted us has been
very supportive and very interested in being involved in this and I'll be
very surprised if I don't have financing in a couple months.
Champion: I think we have the alternative, I think we have it in our older
neighborhoods.
Stamper: Oh you do, you do.
Champion: And I think that's the reason I'm so convinced that this project will be
successful because some of the fastest selling houses in town are in what
we're trying to build. I grew up in this kind of a neighborhood, my
children have been raised in this kind of a neighborhood, I want my
children to have the opportunity to live in a neighborhood like that. I'm
going to support it, I think you'll be successful.
Stamper: I think so. Just one quick thing, I just got back from New York and I was
in Queens, and there was a neighborhood there built 100 years ago on
narrow lots with a garages on the back, with all the infrastructure under
ground, the street trees just right, the streets narrow, and it's been a
valuable neighborhood for 100 years, it has never gone through any kind
of down turn, the property values have constantly gone up and it's still one
of the hottest places to live. I appreciate all of your thinking on this, this is
not easy and I don't hold it against anybody to vote against this, this is a
process and your right we're going through just the bumps, it's the normal
bumps.
Lehman: Well I appreciate your being here tonight, I think that was important for, at
least for me and I think for the rest of the Council. Roll call. Motion
carries 5-2 (can't hear). O'Dounell and Kanner voting no.
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Atkins: Ernie before you got to the next item, I'd like to say it's with the
understanding that you'd like me to attend a meeting of the Home
builder's Association Board so we can spend some more time.
Lehman: Absolutely.
Atkins: So I would say to them gentleman give me a call and we'll get it set up
and I'll come to your board meeting as soon as you want.
Karr: Motion to accept correspondence.
Lehman: Moved by O'Donnell, second by Vanderhoef, all in favor. All ayes.
Wilburn: I haven't had a smoke here but if I don't get a break here something's
(can't hear).
BREAK
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ITEM NO. 14. CONSIDER A RESOLUTION APPROVING THE EXTERIOR
SIGNAGE AND FACADE TO DIAMOND DAVE'S IN THE OLD
CAPITOL TOWN CENTER ON CLINTON STREET.
Lehman: Consider a resolution approving the exterior signage and facade to
Diamond Dave's in the Old Capitol Town Center on Clinton Street.
O'Donnell: So moved.
Lehman: Moved by O'Donnell.
Pfab: Second.
Lehman: Seconded by Pfab, discussion, this has been approved by the Design
Review Committee.
Pfab: I think it's a great, it's a great addition, I'm all for it.
Lehman: Roll call.
Champion: What a pleasant surprise.
Lehman: Motion carries.
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ITEM NO. 18. CONSIDER A RESOLUTION APPROVING THE EXTERIOR
SIGNAGE AND AWNING FOR COUNCIL TRAVEL.
Lehman: Again approved by the design review committee.
O'Donnell: So moved.
Vanderhoef: Second.
Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion.
Vanderhoef: I just want to make it's clear, it's not City Council Travel.
Wilbum: I was just thinking that same thing.
Lehman: If we can just get resolutions approving signage we would make these
meetings a lot shorter.
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ITEM NO. 19. CONSIDER A RESOLUTION AUTHORIZING AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY
LIBRARY BOARD OF TRUSTEES AND THE AMERICAN
FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY
1, 2001 THROUGH JUNE 30, 2003.
Champion: Move the resolution.
O'Donnell: Second.
Lehman: Moved by Champion, seconded by O'Donnell. Discussion.
Vanderhoef: I'll just say this is the same percent as our tinion employees settled for in
their recent contracts so I think this is appropriate.
Lehman: 3.25 percent.
Vanderhoef: Yes.
Lehman: Other discussion.
Kanner: I'll just reiterate what I noticed and mentioned yesterday that there is a
side letter that says that child care for the workers and child care vouchers
is possible for discussion by management union counsel and it might be
worth looking into that.
Pfab: I believe also there's a new house rule or something that's at the state level
that's something we might want to look into (can't hear) as far as
childcare.
Lehman: Roll call.
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ITEM NO. 20. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE SECOND
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND ACT INC., (FORMERLY THE AMERICAN
COLLEGE TESTING PROGRAM, INC.) CONCERNING ACT
INC.'S MASTER DEVELOPMENT PLAN AND STREET
IMPROVEMENTS BY THE CITY OF IOWA CITY.
Champion: Move the resolution.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by Vanderhoef. Discussion.
Kanner: Do we have an ending date, a deadline for the exchange?
Holecek: Yes Steven I contacted Tom Gelman counsel for ACT today and we
agreed on an ending date for the exchange of August 1, 2001.
Kanner: Okay thank you.
Lehman: Other discussion. I just want to tell the Council as part of the Economic
Development Committee David Schoon and the other two members Dee
Vanderhoef and Ross Wilbum have been visiting various employers in the
commtmity, I was privileged to visit with ACT about six weeks they could
not believe how smooth this transaction worked with the city. They have
a rather extensive capital improvements program and Mr. Ferguson told
David and I how much he appreciated the cooperation from the city staff
in putting together the realigmnent of that road which frankly works better
for them and for us so you know that's a, you can tell.
Atkins: I'll see the folks that know need to know.
Lehman: All right. Roll call. Motion carries.
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ITEM NO. 23. ANNOUNCEMENT OF VACANCIES.
(END OF 01-66 SIDE ONE)
Lehman: I certainly would encourage anyone from the public who has interest in
those to make get an application from the Clerk' s office and get involved.
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ITEM NO. 25. CITY COUNCIL INFORMATION.
Vanderhoef: I have a question.
Kanner: What's that?
Vanderhoef: Oh I have a question, do you want to start that end you going to start that
end and work your way around.
Lehman: Go ahead Steven.
Kanner: A couple things, one has to do with economic development, there's a
group in Iowa called 1000 Friends of Iowa that' s working on a number of
issues concerned with land use and development, smart growth. And one
of the projects they're working on is community license kitchen where
people can have added value to their farm product and I think that' s one of
the things that perhaps we should look at too in terms of economic
development, one of the things that Iowa is known for is their fertile land
and their farming and I think we should see that as an asset and look at
economic development perhaps in those terms. And having said that also
let people know that the Economic Development Committee made up as
the Mayor just mentioned of three Council members will be meeting this
Thursday, I would invite the public to come at 8:30 AM to check out
what's going on because there' s some important things that are going to be
going on especially at that meeting where the City Council Committee
will be reviewing the Economic Development financial assistant program
and they will be making a recommendation to the full City Council so it's
an important issue. We talked about that tonight about how we give out
money or don't give out money and under what conditions and I think this
is going to be a key component and I certainly would like to hear from
people in the community if they have any suggestions on what limits we
might want to place in giving out money from the city whether it's a loan
or a grant, and whether it has to do with economic development or other
forms of support. So that's happening again this Thursday, June 28 at
8:30 AM here in the Civic Center and ask at the front desk and they'll
direct you to the meeting. And the other thing that I wanted to mention is
we talk about the proper time for making, for people, the public to make
statements is when the ordinance is going to be passed or voted on, and I
think they should have that opportunity at all three readings or two if the
case may be of the ordinance and I was upset a bit with the way we
reacted to a citizen that came at the third ordinance. I think we should
encourage people to come at all three readings and if they feel strongly
about something and City Council members too, even at the third
ordinance to come and present their position and try to change our minds
and try to make us perhaps see it another way of looking at some issue.
So I do take some exception with the way one of our citizens was
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addressed when coming before Council and I apologize for that as a
Council Member, that happened and hopefully we'll be more encouraging
in the future. That's it.
Lehman: I think I missed something but that's okay.
Kanner: Well this was, if you want me to be, I could be more specific if.
Lehman: Yea please do because I don't.
Kanner: We had someone come here to address the alcohol ordinances that we
were passing on the third reading.
Lehman: Oh I'm sorry I thought you meant this evening.
Kanner: No at a previous meeting, I'm sorry I should have been more clear, and
basically he was told we've already had opportunity for people to speak
and hurry up and we'll let you just go for a minute or two and I think.
Lehman: That same person has spoken I think at every every every time we've
discussed it and offered absolutely nothing new and different.
Kanner: Well actually I disagree and I think he articulated himself very well and
presented his positions very well and new things come up and even if
they're not I think we owe it to the community to welcome that kind of
presentation.
Lehman: I don't disagree with you but if we're going to sit and listen to the exact
same thing I really think it's, and if the Council prefers they can certainly
disagree and we can do it but I really don't think Council should have to
listen to the same thing five times.
Karmer: Well I think this is a problem, perhaps that's what's being addressed with
the Police Citizens Review Board when we say Council is going to have
these forums if we have this kind of attitude I have some problems with
that and I think that's not a positive thing.
Lehman: Okay. Ross.
Wilburn: The Saturday Night Drive In at Weatherby Park sponsored by Weatherby
Friends and Neighbors, they've got two dates, July 21 and August 11, both
on a Saturday from 7 to 10:30 at the Weatherby Park Shelter, they will
have two movies each night, the association asked me to announce this.
The first they're not saying which movies yet but the first will be aimed at
young children and the second movie each evening will be more for
everyone. Weatherby Friends and neighbors will provide popcorn, pop
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and popcorn until it's gone and if my kids go the popcom will be gone
pretty fast. Bring kids and lawn chairs everyone is welcome again July 21
and August 11 both Saturdays. On July 8 the Aerohawks Flight Show
asked me to announce they are having their remote control flights out near
the landfill, on good years they have good attendance, they are
encouraging folks to bring food and non perishable items to feel the
hungry. And on July 14 1 was asked by Lensing Funeral Home to invite
folks to their Celebrate Life benefit, they do a benefit on behalf of DVlP
and Crisis Center and asking friends again to bring non perishable items
that both of those agencies can use, I'm done.
Lehman: Dee.
Vanderhoef: Yea I have a couple of things. First I guess I want a little clarification
from Council in reading the PCRB minutes, there was apparently a
discussion by them about something that we had talked about in our joint
meeting with PCRB and the Council and a request had been made and my
understanding was as we sat around the table that this would be
implemented and it had to do with inserting the word "alleged" in front of
the words "police misconduct" on the printed material that the PCRB
distributes to the community and at that at their regular meeting they chose
not to do this and so I guess I want clarification from Council whether we
directed them that night to insert this word of "alleged misconduct" onto
the printed material.
Champion: I don't remember.
Lehman: Checking your memories folks.
Champion: But I do agree that it is an "alleged misconduct" it is not police
misconduct.
Arkins: Ifit's any help to you I thought you all said.
Vanderhoef: It was sort of a nod of the heads all the way around the table.
O'Dounell: I think your fight Dee.
Vanderhoef: And I would appreciate having them directed to change their printed
materials.
Pfab: Let me ask you this, could we bring this up at the next work session and
with the transcript of the, with the transcript of.
Karr: Irvin we're not picking up anything.
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Champion: Or just the brochure itself.
Pfab: So in other words to double check what we stated and see if they did what
we asked them or do we or were we clear in what we stated?
Karr: I can certainly fumish the brochure, I believe it was clear and I believe
they had a very healthy discussion but decided that it was not necessary to
make the change as noted in the minutes.
Vanderhoef: They heard the direction and.
Karr: I believe they did understand the request.
Champion: Well I think maybe we should request again.
Lehman: Well I think that, do we want to send a letter to them directing them to
make that change?
Vanderhoef: Yes.
O'Donnell: Absolutely.
Pfab: Is, do the minutes of both the sets of minutes, I would like to take a look at
it and then if that's the case then I'll go along with it but I would like to
double check it before I would vote one way or another. You may be right
may not I don't know.
Lehman: Well I guess the question, do we want to send a letter to them directing
them to change that?
O'Donnell: Sure.
Vanderhoef: Yes.
Champion: Yes.
Lehman: We have four that do.
Wilburn: (can't hear) too so yea.
Lehman: Yea go ahead and prepare the letter. Anything else Dee.
Vanderhoef: I just have one other thing, this past week, last Thursday I went to Des
Moines to have a meeting with Irene Schultz and Jane Barto who are the
number two and number three of Iowa Workforce Development Board and
they had just come off of lobbying heavily at the state legislature to get the
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surcharge number one onto the agenda for the one day special session and
it was approved with a cap on it, 6.2 million and it also decreased the
amount that the employer will pay for the dislocated worker but the end
result that hits for Iowa City is the fact that region X which the primary
office is in Cedar Rapids but we have our own office here in Iowa City it
means that the Iowa City Workforce Development office will remain
opened.
Champion: Good.
Vanderhoef: So I'm very pleased with that, I also attended the State Board Meeting on
Friday where we discussed it and looked towards in moving forward in
making plans for how the accountability for these offices will be done and
looking at the total infrastructure of the 56 offices and how perhaps some
of those offices will be combined and some of them will be shutdown.
Lehman: Mike.
O'Donnell: Not a thing this evening.
Lehman: Cormie.
Champion: The only thing I wanted to ask and I probably should have asked last night
but I didn't think about it is and maybe at the top of your head, when is the
scheduled date for Iowa Avenue to be done?
Atkins: I believe November 1.
Champion: November, okay I thought it was October sometime.
Lehman: But the Iowa Avenue or the pardon me the Iowa Avenue Clinton Street
portion of that is suppose to be done I believe by the end of August.
Atkins: I will get a memo to you and give you a schedule.
Champion: Yea, I was just curious, people keep asking me and I keep saying.
Lehman: We did talk about that during the design phase and originally they were
going to start at this end and work that way and because the students
coming back or whatever they decided to start the construction at Clinton
Street and work north and that block I think is suppose to be largely
completed by the first of (can't hear).
Atkins: I'll talk to the engineers tomorrow and get you a note in the mail.
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Champion: Yea it's not an emergency but I think telling people I think the middle of
October and I thought maybe I should find out.
O'Donnell: It's a good question.
Lehman: Irvin.
Pfab: I think we had a very productive Council meeting and I'm ready to go
home.
Lehman: I agree with part of that. Steve.
Atkins: Not a thing sir. Ernie you have someone at the.
Lehman: We do have public discussion at the beginning of the meeting.
Dawn Mueller: Yes Item number 22 was listed also as public discussion.
Lehman: That is reserved if we run out of time at the first of the meeting, however
you're here and it's time to speak.
Mueller: I just wanted to say, thank you Mayor that I really appreciate all the long
hours that the City Council puts in for those of us who watch you on cable
we're very appreciative of that opportunity to be able to view the workings
of the Council and for those of us know that Council puts in many hours to
be able to prepare for these meetings and I'm very appreciative of that.
There were just a few comments that I wanted to make with respect to this
evening' s meeting, one is that I appreciated the comments of the citizen
who voiced concem for the possible closure of the Cultural Center for
minorities at the University, I think that's a really important issue, I think
we should be encouraging diversity and cultural activity in the community
and I really encourage the Council to assist the concerns of those citizens.
Another issue I have is that with respect to the construction of Iowa
Avenue for those who walk down the sidewalk and seen the innovative
"this side up" signs that are placed on the sidewalk and they're screwed
into the pavement, I've noticed that some of those signs are starting to pop
up, some of the screws are coming up and I have some concems,
especially for persons with mobility disability issues and senior citizens
that they may be possible trip hazards so I just wanted to make the Council
aware of that.
Atkins: I'll get an inspector out tomorrow.
Mueller: Thank you I appreciate that.
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Lehman: Steve I heard that from another citizen as well. I think those may be
temporary.
Atkins: I believe they are Ernie but they're still.
Lehman: No, no, but if they're sticking up and they're a trip hazard.
Mueller: I was tempted to get out my screwdriver and.
Atkins: I'll get the inspector (can't hear) for you tomorrow.
Mueller: Okay, also I wanted to speak briefly with respect to the Police Citizens
Review Board as someone who has experience a very intense domestic
violence situation, not in this city but in another city and who has had to
deal with insensitive police and particularly with concems that my
daughter were she to have spoken about the treatment that she received at
the hands of some police officers she went to to try to get help for the
situation that I believe that a forum for citizens to be able to come and
express their opinions regarding the police, I think that's really important
and I would urge the Council not to be to quick and deleting any
opportunity for citizens to be able to bring their concerns in a safer
environment. I know my daughter would be much more inclined to come
to the Citizens Review Board than perhaps to speak in front of the City
Council as I am and.
Atkins: Dawn may I comment quickly?
Mueller: Sure.
Atkins: One of the, Council's probably aware of this, we have a full time officer
assigned to domestic violence issues, we're one of the few departments
that do that and we've been very successful.
Mueller: Right, I'm familiar with the DART program and I'm very proud of it, I'm
glad it's there. And my last item would be for those of us who view the
Council on cable sometimes it is a little to difficult to hear the titles of the
items so I would just if I could Mayor Lehman request that when you are
reading off the titles if you could just read them a little more slowly so that
they are clear to the public.
Lehman: I can do that, I can do that.
Mueller: Okay I really appreciate that.
Lehman: No problem.
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O'Donnell: It's actually the second time I've heard that tonight that you have problem,
I did I heard that out in the audience that you can't understand Ernie.
Lehman: That's okay my wife says the same thing.
Pfab: I would just make one comment about the signs that are in the sidewalk, I
noticed there's some great artists among us that have been doing some
creative work on some of those signs.
Lehman: Can we have a motion to adjourn?
O'Donnell: So moved.
Vanderhoef: Second.
Lehman: Moved by O'Dounell, seconded by Vanderhoef, all in favor. All ayes.
Adjoumed 10:50 PM
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