HomeMy WebLinkAbout2001-07-09 Transcription July 9, 2001 Special Work Session Page 1
July 9, 2001 Special Work Session 6:35 PM
Council: Lehman, Champion, O'Donnell, Vanderhoef, Wilbum, Pfab, Kanner
Staff: Atkins, Helling, Karr, Dilkes, Franklin, Mollenhauer, Davidson, Johnson (Capt.)
TAPES: 01-64 SIDE TWO; 01-68 BOTH SIDES; 01-69 SIDE ONE
Additions
Marian Karr/Mr. Mayor and Council we have two additions to the agenda, Jeff would
you like to step forward. I'm sure Karin will share the podiurn with you there.
Lehman/I love (can't hear) no show.
Karr/Identify yourself Jeff and.
Jeff Morris/My name is Jeff Morris and I represent the new Osco Drug on Towncrest.
Karr/And Jeff would like to add a class E liquor and a B wine permit as well as beer and
cigarette late to the agenda, all is in order.
Lehman/Those are renewals.
Karr/Well it's a new one from the standpoint of it's a new establishment.
Lehman/Oh fight, okay.
Champion/When are you opening?
Morris/August 6th.
Champion/Wow.
Kanner/What' s the new establishment?
Morris/Just replace the old Osco Drug over on 2425 Muscatine Drive.
Kanner/Is it still an Osco?
Morris/Yes we just decided to build a new store there, tear down the old one.
Lehman/Very nice addition to that area.
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Morris/Yea it's really nice.
Lehman/It's really nice. Okay.
Karr/Okay, all right, great, thanks Jeff. And then I believe the City Manager also ~vants
to add something.
Item 17B. CONSIDER A RESOLUTION AUTHORIZiNG THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A GUARANTY AND SHORT-TERM
FiNANCiNG AGREEMENT BETWEEN THE CITY OF IOWA CITY, TERRY
L. STAMPER HOLDiNGS, L.L.C., AND THE UNIVERSITY OF IOWA
CREDIT UNION.
Atkins/Yes, over the last approximately a week, we were approached by the Community
Credit Union about the possibility of participating in the financing of the
Peninsula Project. You recall at your last meeting you approved an agreement
whereby the City would be the financial agent for a six month period of time to
get the project up and going. The Credit Union and City and Mr. Stamper have
been discussing and preparing paperwork over the last week or so and I called
Ernie and asked if I could have an agenda item placed on that would basically
have the Credit Union assme the financial responsibility for the Peninsula
project, particularly that 6 month short term financing agreement. The security on
the part of the agreement is that we act as a guarantor for the loan and then our
position is collateralized by the capital investment, not substantially different than
the document that you have now other than the Credit Union will choose to enter
into the agreement with what they call it TLS Stamper Associates.
Lehman/Would that be Item 187
Karr/We're going to label it 17B and just make 17 A.
Atkins/And I'm asking to put it on now, we have not finished the agreements but if we're
going to approve it I would hope to have it finished sometime tomorrow, again the
documents, the proposal is not substantially different than what we have before
with respect to the security, it's just that the Credit Union serves as the financial
institution to provide the money' s for them.
Lehman/Okay.
Atkins/Any questions?
Champion/What advantage is that to us?
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Atkins/The advantage to us is not all that significant other than we do get a local
financial institution to use private funds to finance the project as opposed to
public, I think that's the biggest and that had been one of the big complaints about
it.
Pfab/(can't hear).
Dilkes/You really, I'm sorry but as we discussed, we haven't been given notice that
were going to talk about this tonight so the discussion.
Atkins/So you'll have to question me tomorrow night. Thank you.
Lehman/Yea make notes, tomorrow night we'll talk about it. Those are the two
additions to the agenda?
Karr/That' s correct.
Lehman/Okay. Gramma Franklin your up.
Plannin~ & Zonin~
A. CONSiDER A MOTION SETTING A PUBLIC HEARING FOR JULY 31 ON A
RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY
26.88 ACRES OF PROPERTY LOCATED SOUTH AND EAST OF SCOTT
BOULEVARD AND ROCHESTER AVENUE, AND 6.25 ACRES OF
PROPERTY LOCATED EATS OF SCOTT BOULEVARD AND SOUTH OF
LOWER WEST BRANCH ROAD. (ANN99-00003)
Karin Franklin/You make me feel so young.
Lehman/Hey, about the best thing (can't hear).
Franklin/Okay first item is, the first few items are setting public items for July 31, A, B,
C, D are all setting the public heating on the annexation and rezoning of property
on the east side of Iowa City. Basically 26.88 acres which is the Plum Grove
annexation essentially and then the 95.2 acres which is the Lindeman Southgate
annexation, we'll get into the detail of that, there's quite a bit we'll cover at the
next work session.
B. CONSiDER A MOTION SETTING A PUBLIC HEARING FOR JULY 31 ON AN
ORDINANCE TO REZONE APPROXIMATELY 38.24 ACRES FROM LOW
DENSITY SINGLE FAMILY, RS-5, COUNTY HIGHWAY COMMERCIAL,
CH, COUNTY LOCAL COMMERCIAL, C1 AND COUNTY MULTI-FAMILY,
R3A TO COMMUNITY COMMERCIAL, CC-2 (10.99 ACRES), MEDIUM
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DENSITY SINGLE FAMILY, RS-8 (21 ACES), AND LOW DENSITY
SINGLE FAMILY, RS-5 (6.25 ACES) FOR PROPERTY LOCATED EAST OF
SCOTT BOULEVARD AND SOUTH OF ROCHESTER AVENUE AND
LOWER WEST BRANCH ROAD (REZ99-00017)
C. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JULY 31 ON A
RESOLUTION APPROVING 95.2 ACRES OF PROPERTY LOCATED
NORTH OF COURT STREET, SOUTH OF LOWER WEST BRANCH ROAD,
AND EAST OF HUMMINGBIRD LANE/SCOTT PARK DRIVE, AND
APPROXIMATELY 10 ACRES OF PROPERTY LOCATED SOUTH OF
LOWER WEST BRANCH ROAD AND EAST OF HUMMINGBIRD LANE.
(ANN01-00001 )
D. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JULY 31 ON AN
ORDINANCE TO REZONE APPROXIMATELY 105.2 ACRES OF
PROPERTY FROM, SUBURBAN RESIDENTIAL, COUNTY RS, TO LOW
DENSITY SINGLE FAMILY, RS-5 (45.08 ACRES) AND MEDIUM DENSITY
SINGLE FAMILY, RS-8 (60.13 ACRES), FOR PROPERTY LOCATED
NORTH OF COURT STREET, SOUTH OF LOWER WEST BRANCH ROAD,
AND EAST OF HUMMINGBIRD LANE. (REZ01-00004)
E. AN ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6E-8
CENTRAL BUS1NESS ZONE, TO ALLOW DWELLINGS ON OR BELOW
THE GROUND FLOOR OF HISTORIC LANDMARK BUILDINGS BY
SPECIAL EXCEPTION.
Franklin/Item E is a public hearing, and I don't have my electronics, I can't get it to
work, we'll just go through this and hopefully you can go from the illustrations
that you have in your packet. This is an ordinance amendment which would
basically it allows dwellings on or below the ground floor historic landmark
buildings by special exception. More broadly what it does is it gives us flexibility
in working with landmark properties within the context of zoning ordinance. And
that flexibility is as it goes through the Board of Adjustment and through the
Special Exception process. There are certain provisions which an applicant if this
were to pass would have to provide or respond to a rehabilitation plan for the
landmark, any landmark structure would be required, the proposed use, and this is
just in the CB-10 zone, the downtown, the proposed use could not significantly
alter the overall commercial character of the area, this was a very much concem of
the Planning & Zoning Commission, it did come out of the Planning & Zoning
Commission with a 2-5 vote which means that they recommended denial of it.
The staff is still recommending approval of this ordinance amendment, and as you
know it is precipitated by the Camegie Library landmark designation and the
request from Mr. Clark.
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Vanderhoef/What other businesses might, or buildings might fall under this same kind of
ordinance?
Franklin/Okay, in your packet in the page entitled "Iowa City Landmarks and Central
Business District" there' s a map which shows you 7 properties, the 7th was under
consideration for landmark designation when this was put together so the labeling
all refers to six, but basically there are six other properties in the downtown that
would potentially come under this ordinance because, only because they are
landmarks. The college block building, Martini's, I'm looking at what number 2
is, okay Franklin Printing House on Dubuque Street which.
Vanderhoef/(can't hear).
Franklin/What is that now?
Kaaner/That's "The Tobacco Bowl".
Franklin/Okay, The Paul Helen Building, the two buildings on Linn Street, the old
Mortuary and the Van Patten House and Trinity Episcopal Church. The point that
was made by Mike Gunn chair of Historic Preservation as well as a point that
would be made by the staff is that many of these buildings were built for other
than residential uses, they were built for commercial uses and they can clearly be
used for commercial uses and that's what one would expect them to continue to
be used for even if they were to come under this particular request for flexibility
in the zoning designation as far as the uses are concerned there wouldn't be really
good arguments for changing those ground floor commercial uses for something
else because they have been used as viable commercial uses for some time. The
Trinity Episcopal Church and the Camegie Library are two buildings in which
they were not designed for commercial usage, it would difficult, not impossible,
but it would be difficult to use them for commercial purposes. And in order to
keep these buildings as viable when your talking about adaptive reuse we may
need to be more flexible in the kinds of uses that we allow. And I think the other
point is that given the number of properties that this would affect in the
downtown, it is not going to change the commercial character of the urban fabric
of downtown so the recommendation of the staff is to and the Historic
Preservation Commission is to plan this ordinance, the recommendation of the
Planning & Zoning Commission is to not pass it.
Lehman/Karin these would be by only special exception.
Franklin/That's right.
Lehman/Which means that no one would have on their face they would not have the right
or the opportunity to change it unless granted by special exception.
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Franklin/Correct.
Lehman/So it would go through that process.
Franklin/Correct.
Lehman/Okay what was the basic objection of the Planning & Zoning Commission?
Franklin/Well I think there were two things, one was this concern about what it was
going to do to the downtown that it would be an opportunity for more residential
that was not advantageous to the downtown and Ann is here and she can comment
on this if she'd like to. I think the other thing was that there was a feeling that you
could elderly housing on the ground floor therefore there wasn't a need for this
kind of change. What you could do is do elderly housing projects and that would
provide an opportunity for adaptive reuse. You know whether that's so or not
again is a judgment that one has to make in each situation. With elderly housing
there is a requirement that you have parking on site, it's one space per four units
depending upon how many units were here obviously there would be some
problems then in the Carnegie Library situation of having parking on site.
Lehman/It would be a problem with most of these.
Franklin/Yes there would be, yes there would be.
Lehman/Now I noticed that this ordinance, they're asking for expedited consideration
and we're having a public hearing and also a first consideration tomorrow night
and if we do not concur with Platruing & Zoning Commission we generally have a
meeting with them.
Franklin/This, we explained, this was the request of Mr. Clark that this be moved along
because he's trying to move forward on this project, take off the 1962 addition
and get the building sealed up before winter. ,After the recommendation came out
of the Plarming & Zoning Commission we talked about the schedule and I think
he understands that there' s some difficulty in doing this, particularly given the
sentiment of some Council members about expedited consideration, that you do
have to have this conversation with the Planning & Zoning Commission.
Lehman/We have to have that prior to the first consideration is that?
Franklin/Well I don't k now, in the resolution it says that when the Council expresses
their inclination as to how their going to go, now you have to know you are going
to go a certain way or that there's at least a question in your minds that you might
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go contrary to the Planning & Zoning Commissions recommendation, it doesn't
specifically say in the resolution that it has to be before the first consideration.
Lehman/So we could have first consideration.
Franklin/First consideration.
Lehman/Meet before we have second or before third which is obviously the final
consideration.
Franklin/Yes, yes, and your first consideration obviously gives a very good que.
Lehman/Indication, right.
Franklin/as to what your likely to do.
Kanner/I have a few questions and comments. First off my reading is that there are about
45 out of 115 buildings that might be eligible sometime in the future for this status
of historic landmark status so that means all those buildings might someday down
the road be eligible for the special exception.
Vanderhoef/This is for CB-10 though.
Franklin/I don't know that that' s correct, Mike can you help me there? Mike Gunn is
here from, you'll have to conre up here.
Lehman/Mike you'll have to, yea.
Kanner/And it might not be 45 exactly but it would probably be close to that.
Franklin/In a list I saw recently in the Historic Preservation Commission Packet I didn't
that there were that many in the downtown that would be landmark eligible.
Vanderhoef/And this is, the amendment is only for CB-10 zone.
Franklin/Yes it is, yea one thing I did not point out is that we already have this ordinance
provision in the RM-12 and the RO zone.
Karmer/While your looking that' s my other question, the example was given how the
Preucil School sort of amendment was put in, so I assume it was not an example
of similar content but just the process of the exception so you could explain the
what is the exception? Is it the exact same process, what's it for?
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Franklin/The process is the same that is you go before the Board of Adjustment to get a
special exception. The substance in the CB-10 zone, well and the same principle
is in the RM-12 and RO zone.
Kanner/Yea I'm looking at the RM-12 yea what.
Franklin/That you have the flexibility of allowing anyone of the uses that is listed in the
zoning ordinance as permitted or provisional or special exception in that building.
Kanner/Because it was a historic building.
Franklin/Right, right, and that you can vary the zoning requirements within that zone, set
backs, distance between buildings, whatever it is that is necessary and reasonable
to make use of that landmark building because obviously these buildings were
built prior to any zoning that we had in place. And when you change a use under
our code right now you have to come into compliance with the current provisions
so the idea is that you have that flexibility to preserve the building.
Lehman/Can a special exception be withheld in an arbitrary fashion?
Franklin/There is no right to a special exception.
Lehman/Okay I think that's important because.
Franklin/Now I think that there could be some potential argument here and Eleanor is
going to jump in.
Dilkes/There' s a difference between saying your not entitled to of right and saying that
they can act arbitrarily, they can't, they have to act reasonably and tinder the
guidelines they are provided.
Lehman/Well then it would not be arbitrary for example if five years from now someone
decides they want to redo a historic building and want housing on the first floor
and the Board says well that' s fine except there is too much housing in the
downtown, this is harmful to the downtown and because of that we will not grant
the special exception.
Franklin/One of the special criteria in this case is the proposed use will not significantly
alter the overall commercial character to the Central Business District.
Lehman/Okay, okay.
Franklin/And so since there is such a criteria that would be a valid reason to deny.
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Dilkes/Right and then I think you have to look very carefully at the elements that the
Board of Adjustment will be looking at, I mean Kadn alluded earlier to the one
about you know you have to demonstrate that conditions on the site limit the
ability to accommodate a commercial use on the grotmd and a lot of these
buildings that have been referenced already have commemial on the grotmd floor,
it would be a difficult or to me.
Lehman/Right, okay.
Wilbum/Would the, in your letter you mentioned that the Historic Preservation
Commission would approve a rehabilitation plan, would that be a part of what the
Board of Adjustment would look or would that be separate, (can't hear) would
that be something the Board of Adjustment would look at to consider?
Franklin/It's part of the conditions of the Board of Adjustments, so yes it would have to
be done before the board render their judgment.
Gunn/The approximate number is in the 40' s somewhere, 40 some buildings would be
theoretically eligible for landmark status. But this is sort of gone off track because
we were looking at it for a few buildings, buildings that are built as commercial
buildings at least in the eyes of the Historic Preservation Commission fall under
this amendment because if they're built for commercial use that's what their
historic use is. There are a few buildings and most and they are all east of Linn
Street that were not built for ground floor commemial, they're not suited for it and
that's where we think the exception is needed so the limitation was in the
language of the amendment trying to very narrowly craft it for preference for
ground floor use but and I think it kind of got off track at least by Planning &
Zoning Commission but from the perspective of the Historic Preservation
Commission we are looking at this as being useful in only a very few cases, all
probably east of Linn Street and we see it only applying to a half dozen buildings
not 40 some.
Kanner/But it, the only clause that backs up what your saying is what we just heard from
Eleanor, am I correct? Is there anything else that talks to what your saying?
Franklin/The applicant must demonstrate, is that the one your talking about? To the
satisfaction of the Board of Adjustment, the conditions on the site limit it's ability
to accommodate a commercial use on a ground floor. And so if you were to take
the Paul Helen Building one would have to be extremely creative argument that is
was not conducive to commemial on the grotmd floor.
Kanner/We've got some creative people out there.
Franklin/We do but I don't think the Board would buy it.
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Vanderhoef/The original use was for commercial therefore as they said it would be
historic in being reused that way, it's these other buildings like churches and
libraries and post offices and so forth that were built for a different purpose and
then their reuse is more difficult to adjust to.
Champion/Well it would be hard to maintain any character of the building (can't hear) it
wouldn't work.
Kanner/But if were going to, if the issue is about commercial buildings remaining
commercial maybe we need stronger language, but just say that, what your saying,
why was that proposed by the Historic Preservation Commission?
Gunn/Well it didn't seem to be an issue until Planning & Zoning didn't like the
amendment, subsequent to that we thought of various ways to limit it more so and
geographically it can be limited to east of Linn Street and it could be limited with
stronger language about ground floor use. The Historic Preservation Commission
doesn't want most of the downtown to alter from CB-10 zoning requirements of
ground floor commercial. That is in the interest of preserving the buildings,
certainly west of Linn Street, east of Linn Street it's not so clear that CB-10 is
good for the buildings, it's not good for the historic buildings east of Linn Street,
west of Linn Street it is so at least the Historic Preservation Commission for it's
purposes would entertain language that' s more restrictive you know to limit it to
buildings.
Lehman/But the requirement in order to get a special exception, the requirement that you
show it's not feasible to use it as commercial seems to be a pretty heavy burden. I
mean I don't have a problem with that, I think that language is pretty clear.
Vanderhoef/Well I meant it standardizes all the others that the rules are set by a zoning
designation not by street designation.
Gtmn/Yea I know there are issues other than the Historic Preservation Commission,
Preservation Commission certainly.
Vanderhoef/I think this is tight enough, I understand what your saying and yes if those
buildings are east of Linn Street that' s possible but I think to stay standardized
within our code it behooves us to stay with CB-10.
Franklin/Yea I would have some problems doing zoning by a street definition.
Vanderhoef/Yea I would to.
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Franklin/It just seems to stray from the intent of zoning and looking at the area and is it
so remarkably different from one side to the other, then I think we're talking about
a different mechanism.
Dilkes/I mean I think the language could be stronger, I mean, C certainly gives the Board
of Adjustment some discretion to determine that conditions on the site limit, I
mean you don't have to show it's unfeasible it's a little.
Franklin/Well and I think that you don't, to say that the Carnegie Library could never be
used for a commercial use, it's certainly, if your willing to put an inordinate
amount of money into it and take a very large risk you might be able to make a
commercial enterprise succeed there but it doesn't meet the characteristics.
Dilkes/Right.
Franklin/So I don't think they want to make it absolute.
Dilkes/No I'm not suggesting that you would do it that way, I think you could do it, you
could make it stronger by saying something it will only apply to buildings that
have not been used for some period of time for commemial use I mean I think
that's the way you go about making it stronger.
Kanner/Could, I know Ann voted for this but maybe Ann, we could hear Ann feeling if
we did make it stronger the Commission would be in favor of this.
Ann Bovbj erg/You could predict stronger language, I can't predict how anyone on the
Commission would vote, they would have to roll that around and see how they felt
about it.
Kanner/But was that one of the major concerns is point on in your discussion that came
up about number C and possible too many possible exceptions?
Bovbj erg/One of the considerations was that there could be lots of buildings doing this
an we differed on how many buildings could be done, and that was one of the
reasons that the voting was different. I think that stronger language might be
something worth considering, and I don't know what people's thinking was
entirely, I know there was ground floor commercial should be preserved and I
think we were all in agreement of that. How much of CB-10 this would affect
people had different notions about that.
Vanderhoef/So your saying quite possibly adding another sentence to C that indicates
buildings present built for ground floor commercial will remain from floor
commemial.
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Franklin/I guess you, it seems to be at least an inclination on the part of some of you to
approve some kind of an amendment to allow this flexibility. And since you do
have to meet with the Commission, I mean that' s one of the steps in the process is
a meeting with the Commission, it's possible for you to proceed through your
public hearing and then whatever you want to do on the first consideration but
then have that discussion with the Commission and see if in fact that language
change is going to get at the issues that those who voted against it were concerned
about because then we can do an amendment and do the necessary votes.
Lehman/If we make an amendment that makes the language stronger we would then, if
we chose to vote for example tomorrow night for first consideration and then met
with the P & Z later and an amendment making the language stronger would
require a first reading again is that correct?
Vanderhoef/But we can make an amendment tomorrow night ourselves.
Lehman/We can do it tonight before we have the heating.
Dilkes/Well and that depends, if your going to amend, I mean if your going to amend it
and do first consideration on something different than is here and you think, and
then that flies then you just need two more considerations, if you think you need
to talk to Planning & Zoning before you arrive at the language you want then you
should.
Franklin/Probably continue the public heating.
Dilkes/Yea probably continue the public hearing and then I think we'd be okay if we
continued the public heating.
Bovbjerg/Would an amendment or change of wording mean it would have to come back
to P & Z or can we discuss it and have it stay in Council?
Dilkes/It can stay at Council.
Franklin/If that, it would seem to me that the intent of that resolution is that the two
groups meet and come to some agreement and it's mutually agreed upon because
your an advisory body that there wouldn't be no need for it to go back through the
whole planning and zoning process and if the public hearing is left open there' s
the oppommity for the public to put their nickel in to.
Vanderhoef/But your saying if we continue the public hearing then we would not present
an amendment tonight or tomorrow?
Lehman/We could it's up to us.
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Champion/We could, we could.
Franklin/Yea it's up to you, I mean you could.
Vanderhoef/We could still have first reading.
Franklin/You could but in order to leave it open for your discussion with your Planning
& Zoning and not have to go back to anything.
Vanderhoef/Okay, then it's a little unusual for us to leave a public hearing and go ahead
with first reading.
Lehman/You can't do that.
Franklin/You can't do that.
Vanderhoef/Well that's what I was asking and you said we could.
Franklin/No I misunderstood you Dee, no you wouldn't want to leave the public hearing
open and you go to first.
Vanderhoef/That's why I was saying could we make the amendment and move forward
with that.
Dilkes/Either way if you amend or if you pass what's here then you go back to P & Z and
you do something different we're going to have to start over, you leave the public
heating open then you arrive at some different language with P & Z then we can
just continue the public hearing and move forward.
Lehman/I have a question Eleanor, I perhaps, if I understand you correctly if we make an
amendment to this before first consideration we would obviously have, we're
going to have to have a consultation with P & Z irregardless of we decide to pass
some version of this whether as it is or amend it. If we amend it and pass it
tomorrow night then meet with Planning & Zoning and explain our position at
that point do we have to have first consideration again?
Dilkes/It depends if it changes or not.
Lehman/No, no, but if we change it and have first consideration meet with P & Z and
leave it alone and then we're at second and third.
Dilkes/Then your okay.
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Lehman/Okay, well what we really need to do tonight if we have questions that if they
need to do research before tomorrow night' s public hearing we need to ask those
questions tonight and then I would encourage to think about if we want to make
this strong and wish to vote on it first time tomorrow night if we want to make an
amendment. If we want to do that we can do so and then meet with Planning &
Zoning, we can, we have a lot of choices, we can close the public heating and vote
on it the way it is, we can close the public hearing and vote on an amended
ordinance or we can continue the public heating but in all of those cases we will
be required to meet with Planning & Zoning if it appears that there are more than
three of us who would support this, is that correct?
Dilkes/And remember you have the option of if you leave the public hearing open and
give yourself maximum flexibility then you can do your collapsing on the next
two times.
Lehman/Okay, are there questions for staff?.
Kanner/Karin a lot of this discussion is predicated on as Michael in his letter said urban
fabric.
Franklin/Are you going to ask me what that means?
Kanner/No, well in a certain sense we're discussing whether or not commercial space
makes for a healthier city or downtown and thus a healthier city, what's the slope
of that number or pementage not from an exact percentage but why is it so
important to have a certain amount of commercial space or be afraid of losing that
commercial space? Maybe it's kind of obvious but if you could state it it would
help me look at this of why it's important to keep commercial space or not be that
concemed that we might lose a few possible commercial spaces.
Franklin/I don't know that' s there's any fixed percentage Steven but I think the
downtown is the commercial core of at least our community or it has
philosophically been our commercial core for a very long time, that' s where your
going to have the most activity in terms of commemial spaces. And if you change
that radically such that it is primarily residential then you have lost the very center
of the town because we have residential all over it would basically become a high
density residential area so you know in terms of a percentage I would think that
you'd want to have a high percentage 80 to 90 percent of the space in some sort of
commercial activity, and when I say commercial I'm very broad, retail, offices,
institutional uses that are an activity that's happening at that street level to keep
the downtown active otherwise it becomes a much different it has a much
different character much quieter.
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Champion/So how can we ensure with this zoning change that that will happen? I mean
I think I'm at least totally interested in allowing this change in the Carnegie
Library and protect the rest of the.
Franklin/The limitations that are there now I believe are adequate, however if there's
some concern that they are not adequate then we can make them stronger with
some of the language that Eleanor suggested for instance that if it's commemial
space now that it will stay commercial space. Right now in terms of the landmark
buildings that we have designated there are very few that one could argue could
reasonably tam into residential uses, I mean the mortuary and the one on Linn
Street I think you could probably make that kind of an argument, they are that
scale, they have been used for commercial uses however you could argue this is a
residential appearing building. But that's remarkably different from a building like
the Jefferson Hotel or the Paul Helen building or some of those other buildings
that may qualify as landmarks in the future that have the store fronts I mean that's
what they are about, that's what they are there is because they had the store fronts
and then they had the apartments up above, okay.
Lehman/Other questions for staff then we'll decide tomorrow night, I will handle this.
Thank you.
F. CONSIDER AN ORDINANCE 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) (SECOND CONSIDERATION)
Franklin/Item F is second consideration on Arbor Hill.
G. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM
GENERAL INDUSTRIAL (I-1) TO INTENSIVE COMMERCIAL (CI-1) FOR
APPROXIMATELY 12.09 ACRES LOCATED ON THE SOUTH SIDE OF
HIGHWAY 1. (REZ01-00002). (PASS AND ADOPT)
Franklin/And then we have pass and adopt on the rezoning near the airport, the river
property.
H. CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED
"ZONING," ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS
ZONES," TO ALLOW MUNICIPALLY OWNED, MIXED-USE PARKING
FACiLITIES IN THE CENTRAL BUSINESS SUPPORT ZONE (CB-5) AND
THE CENTRAL BUSINESS ZONE (CB-10). (PASS AND ADOPT).
Franklin/Pass and adopt on the zoning at Tower Place.
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I. CONSDER AN ORDNANCE CHANGING THE ZONING DESIGNATION OF
APPROXIMATELY 0.83 ACRES FROM PUBLIC (P) TO CENTRAL
BUSINESS (CB-10) LOCATED SOUTH OF IOWA AVENUE AND BETWEEN
LINN STREET AND GILBERT STREET. (REZ01-00005) (PASS AND
ADOPT)
Franklin/And pass and adopt on the ordinance amendment regarding municipal parking
facilities in CB- 10.
J. CONSDER AN ORDINANCE VACATING AN UNDEVELOPED PORTION OF
WOOLF AVENUE FROM MCLEAN STREET SOUTH FOR A DISTANCE OF
240 FEET. (VAC97-00002) (PASS AND ADOPT)
Franklin/Item J is an old item, deferred from a year ago, this was the vacation of Woolf
Avenue, we now have reached closure with the abutting property owners in terms
of acquisition that' s later on in your agenda, and that' s it.
Karmer/I had a question about that last item Karin, it says no structure allowed I guess
that property or the easement. Does that include fences? No fences allowed, it
might be in the other part that I read further in the agenda but somewhere it said
no structures were allowed.
Franklin/Under the building code we would not consider a fence a structure I don't
believe because I'd have to check it.
Dilkes/Where was that referenced?
Franklin/Was that in the vacation or in the disposition agreement?
Karmer/I'm not sure where I read it I kind of got them both mixed up now, I'll have to
look for that, but if it does allow fences that's a concern of mine because it's a
nice open space there and we've been told that even though it will be private
people will grow things for Project Green and to have fences put up there I don't
like that feeling and that area and it's a pretty area down there.
Franklin/Let me check, okay I think that must have been in the original vacation
document.
Pfab/I have one question.
Dilkes/I have the disposition if you need it.
Franklin/I didn't see it in the resolution yea.
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Pfab/Will the addition of that land to adjoining lots cause any changes in what's
allowable on the current lot?
Franklin/No.
Pfab/Okay so they're frozen.
Kanner/Here it's on page 122 of our packet, it's the vacating in the whereas no first,
second, third whereas, "no structures will be permitted to be constructed" it's over
a portion of the right a way, we have an easement and over that there will be no
structures permitted or trees planted with these easements.
Franklin/Okay let me check with HIS okay because that's where it would go through in
terms of allowing or prohibiting to make sure that structure applies to fence.
Dilkes/We'll have to check the easement language too because there should be easement
draft.
Lehman/Okay, thank you Karin.
Franklin/Your welcome.
Agenda
ITEM 17A. CONSIDER A RESOLUTION REGARDING THE ISSUANCE OF NOT
TO EXCEED $40,000,000 IN AGREEMENT PRINCIPAL AMOUNT OF
REVENUE BONDS (ACT, INC. PROJECT) OF IOWA CITY, IOWA,
DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE,
AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT
AND DECLARING AN OFFICIAL INTENT TO REIMBURSE.
Atkins/Emie for your information Tom Goedken, Vice President of Finance for ACT is
in the audience if you have any questions of Tom.
Lehman/Are there, well I, are there folks who would like to discuss the agenda item
relative to the issuance in (can't hear) revenue bonds?
Kanner/I have a host of questions.
Lehman/All right why don't we have Tom come up and we'll go through that one right
now.
Kanner/Could you say your name again.
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Tom Goedken/Tom Goedken.
Kanner/Hi Tom, I have a questions for a bunch of staff also, I don't know ifit's
necessarily directed to Tom, if other people have questions for Tom I'll get to
mine in just a second. This is for I guess for Steve or Tom, mostly it's Steve, I
saw that the costs include the bonds person that will be included in what we
recover in our costs from the city recovering, does it include your time?
Atkins/No it does not.
Kauner/And does it include Kevin's time or any other financial department time?
Atkins/No we've, we talked about that as a staff and quite frankly Steve it's been very
difficult to quantify that it would have been one and secondly, the time is rather
incidental, the, in this case ACT has an obligation to pay all costs and that's bond
issuance, attorney's fees and things such as that. If it was your interest in having
my time, Kevin's time charged off we could probably take a run at calculating
that, I don't think it's going to be a particularly big number.
Dilkes/Does it include the City Attomey's time?
Atkins/Same thing, most of these bond issues Eleanor refers to Ken Haynie who's our
bond counsel and then if there are questions Eleanor would talk with Ken Haynie
about it and I don't think really there was anything, this is pretty standard.
Dilkes/Ken has done all of this, I think it's pretty standard stuff for him.
Kanner/But when we do a revenue bond for our own water plant or whatever, we figure
those internal time.
Atkins/Yes we do.
Kanner/So it's not something that' s unheard of even if it's a small amount or something
simple like this.
Atkins/But this is a industrial revenue bond under a different section of the code and
therefore it's really not the same as a water revenue or sewer revenue bond
because in that case we're pledging our assets and in the case of the industrial
revenue bond ACT is pledging their assets so there is a difference.
Kanner/What would be the significance in time for one versus the other?
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Atkins/Surprisingly these IRB's are really rather straight forward Steven the information
is put together, you process the resolution, once you've adopted the resolution the
rest of the responsibility rests with ACT.
Karmer/No I mean the one we would do with our water revenue bond, I'm looking at the
time even if it's insignificant it doesn't seem it would be that hard to calculate
(can't hear).
Atkins/What we would have to do on a water or sewer revenue bond is that there's time
devoted to calculating changes in the ordinance because rates might have to be
amended, we would have to do some scheduling, the particular type of issue
whether we'd want straight line payments to us.
Kanner/Whether I don't really to know that, I just need to know if we can calculate fairly
easily the time for this and it would seem that we would add this into the fees, it
makes sense to me that we would put that in.
Atkins/We could charge them a fee, I would probably recommend to you that we do
some really quick arithmetic and it would just be a lump sum, I would be
surprised if it' s a $1,000.00.
Lehman/Tom of the $40,000 how much of this is going to be real estate, do you have an
idea?
Goedken/We have some preliminary estimates, we're going out hopefully go out to bid
in a couple of weeks. Preliminary estimates would be the $25 to $30 million
range.
Lehman/So then $25 to $30 million dollar' s will then be paying property taxes to the
City, the school district and the county, the rest of that would be for fees and
equipment.
Goedken/Parking
Lehman/And sorts of things that are not taxes.
Goedken/Correct.
Lehman/Although parking will be taxed.
Goedken/Parking would be taxed.
Lehman/The computer's.
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Goedken/Correct, things inside the building.
Vanderhoef/Fittings.
Kanner/So ACT did not request and/or receive a property tax exemption.
Goedken/We had considered a number of different property tax exemptions, the property
tax exemption that we think we would like to go for would be a 427B property tax
exemption.
Kanner/What would that be, I'm not familiar with?
Goedken/That's an application process for a qualified property, it's an industrial and
research type of a section. The city has a code section currently adopted under
427B that mirrors the state code.
Lehman/Is that something your going to be pursuing?
Goedken/We will be pursuing that correct.
Kanner/But do you currently pay property tax?
Goedken/Yes.
Karmer/And why did you not go for exception to paying that property tax, why did you
not pursue that?
Atkins/A long time ago.
Karmer/Well as non profit, we have non profits that could pursue.
Goedken/You have some churches I believe that are exempt but as a non profit as a
501C3 we're subject to property tax.
Dilkes/You don't just get tax exempt because your non profit, it has to be a charitable,
religious, etc.
Kam~er/Right but you could pursue it and isn't some bodies have pursued as a non profit
getting tax exception that weren't churches that were 5013c's and some time it's
allowed and some time it's not allowed.
Dilkes/Right but you have to fall within one of those categories.
Kanner/As a 501C.
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Dilkes/Charitable, religious.
Goedken/That' s the key word.
Dilkes/Charitable is probably educational.
Kanner/But your 501C3.
Goedken/Correct under the educational.
Dilkes/It's a whole different analysis though it's not an analysis based on the 5013C
status.
Goedken/It's not it's a, there's a different both internal revenue codes, property tax and
some other in terms of what is not for profit, non taxable for income tax or sales
tax or property tax, and we're fairly confident that we don't fall in the property
tax.
Kanner/Okay, Steve if we were to agree to this bonding, would we be able to go out the
next day, would it affect our ability to get a $40 million dollar bonding for us or
for some other organization?
Atkins/No. Under the 501C3 IRB in that part of the code what in affect ACT is doing is
they've asked that a government body, in this case the City of Iowa City act as a
conduit, we're the institution, it's not beyond ACT' s ability to ask the City of
University Heights to do the same thing and they could do it also or some small
towns. We basically act as a conduit, that's it, it has no effect on our credit rating,
we never see the cash, everything goes directly to ACT.
Lehman/It's kind of similar to us signing off on the CEBA.
Atkins/No.
Lehman/If we don't they can't get it.
Arkins/Well that's true yea, if we don't sign off on it, we act as the conduit, I'm trying to
think of some recent ones.
Lehman/Well City of University Heights issued revenue bonds for Oaknoll Retirement
residence, they've done at least once, I think they've done it three times.
Goedken/Xavier High School in Cedar Rapids I think was the most recent, I think they
did a couple years ago.
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Lehman/I mean it's not something that's uncommon.
Vanderhoef/Mercy Hospital.
Goedken/It's not completely common, usually it's a, in order to bond you have to have a
large enough facility to be able to do it, you know it's not a couple hundred
thousand dollar.
Lehman/And you have to meet the criteria.
Goedken/Correct.
Kanner/And it seems to me we didn't see the collateral that we have on this, have we
done any kind of independent risk analysis or audit of ACT Inc. and looked at
their books to see.
Atkins/That's not our obligation.
Kanner/The capability.
Atkins/That's their obligation, they have to do that, they have to be able to credit rating,
not unlike we get a credit rating when we sell our bonds, they will have to be able
to demonstrate to the bond purchasers that they are a worthwhile investment. And
what they'll pledge is an asset I'm assuming is the 170,000 square feet of new
construction that they're planning.
Goedken/It may be that.
Atkins/They can pledge other assets if they would chose but their credit rating is
independent of ours.
Kanner/So we are not responsible for anything if they are not able to pay this back.
Atkins/That' s correct, yes, we're merely a conduit.
Kanner/Okay. We have financial assistance eligibility guidelines and I think this would
fall under them.
Lehman/I don't think, no because it's to no cost to the city.
Kanner/Well I think we do things whether it's a cost or not I think we look at the good of
the city we have a certain amount of money and eligibility to do that.
(END OF 01-64 SIDE TWO)
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Kanner/Those look at things like number of jobs created and type of jobs.
Lehman/I would agree with you if we were financing this but because there's no, and
this, I just say Council Members I don't see where that applies to all because
we're not taking any city money.
Vanderhoef/It doesn't, and we're not responsible for it if they don't pay it, I mean they
are pledging their own capital assets for this project to pay off the bonds, we have
no risk on this.
Champion/We're being asked to be a very minor partner in this (can't hear).
Goedken/That's a good way to look at it.
Vanderhoef/We are the pass through place.
Champion/And ACT has been a very strong partner for this city for a long time and we
appreciate it.
Pfab/Let me ask you a question, other than the fact that this is tax loop hole to get a
lower rate of financing I think there is no consequences whatever.
Lehman/It saves them money, I think that's precisely the point.
Pfab/You' re right, it's just a tax loop.
Lehman/Which is precisely why I would think a City of Iowa City would be interested in
trying to help an outstanding local business expand in a fashion such as this
because obviously I believe I haven't calculated this probably don't have the
ability to do it but I suspect that $25 to $30 million dollar tax base out there paid,
builds a fire station and pays for 9 fireman and probably leaves us some left over.
Vanderhoef/Until you get your tax (can't hear).
Pfab/The point is they didn't create it, it was created by someone else at some political,
it's a political decision to give units like this and that's the way it is.
Champion/I think it's called Economic Development Irvin and not.
Pfab/I don't think it's even called that.
Lehman/And it's very restrictive in the people who can qualify for it.
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Goedken/It is, it is, it was enacted by the Internal Revenue code to allow organizations
such as ours to be able to access the municipal bond market and then I believe in
86 they further restricted that, it used to be open to a much larger group and now
it's pretty much confined to educational, or charitable, religious organizations.
Vanderhoef/I think it's an excellent thing for the city to be doing at this point in time.
Goedken/We're excited about it.
Vanderhoef/I'm excited about it and whether you get the exemption or not I appreciate
the jobs and the stability of those jobs that come in with your organization and
they certainly enhance our city with those jobs and being good corporate
neighbors.
Goedken/Thank you.
Lehman/Other questions for Tom or Steve.
Kanner/Is this Steve, is this open to any 501 day organization or do they have to be a C37
Atkins/I've understood it to be C37 Now I must admit I do not have the federal tax code
memorized.
Lehman/No.
Atkins/Please forgive me for that. Tom will know a lot more about that than I, he's a
CPA here, but I do believe in 86 when the tax reform act was passed they very
narrowly defined who' s eligible for this kind of financing and I think you' 11 find
overwhelming educational institutions, charitable, churches and hospitals, those
are the ones you'll see the most.
Goedken/Right.
Kanner/And what' s the expected savings going through us as opposed to a conventional
bank loan?
Goedken/It's, actually it's determined at the time of the bond issue as well as based on
our credit rating, and we're beginning the process of taking a look at investment
bankers, they've quoted some different rates, it's hard to say right now, suffice to
say it would be, we believe a considerable savings over just a conventional
financing at this point but we haven't locked that in yet, it's at the time of bonding
and whatever market conditions would exist at that time.
Kanner/Are we talking a few million dollars?
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Goedken/It could be that potential.
Kanner/Rough neighborhood.
Vanderhoeff Well it would slope just like our municipal bonds, we send things out for bid
and they come back in sometimes with just hundred's of a point different between
the bids.
Goedken/Right.
Lehman/But in this case the rate you will get is based on your credit worthiness, ours is
based on ours.
Goedken/It's based on our credit, correct, at the time of the bond, the market conditions,
those sorts of thing.
Lehman/Thank you sir. Other agenda items.
ITEM NO. 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF
IOWA CITY AND KLDP INC. D/B/A ONE TWENTY SIX, FOR A
SIDEWALK CAFE.
Karr/Mr. Mayor just noting Item No. 12 on your agenda is a license agreement with 126
restaurant for a sidewalk cafe and I'd just like to note that this is the first
application that Council will be considering for an elevated structure or a platform
on top of the sidewalk and also includes that a requirement that it be removed
from December to March and I just wanted to find out if there were any special
questions or any additional information you needed before tomorrow night.
Vanderhoef/This may be just for Karin, I don't recall in the ordinance for the cafe but I
know at different times we've had problems with them moving out further and the
walkway become narrow. Have we ever set walkway space?
Franklin/8 feet.
Vanderhoef/Is 8 feet (can't hear)?
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Karr/Absolutely and we do adhere to that.
Franklin/Marian's the sidewalk cafe guru, I know nothing.
Karr/Karin' s so flattering.
Vanderhoef/No I was down and looking at two or three of them today because I had read
the 8 feet in here and under normal traffic that is wide enough but yet.
Karr/We have had problems on occasion with some of the establishments who did not
have anchor fencing, put it up each day and took it down each day because it was
moveable, much to their own, I must say much to their own credit sometimes
they didn't move, customers with dogs or children or buggies would expand the
boundaries a little bit more and so they were certainly a little more flexible than
we like, some of that has been corrected with more use of anchored fencing. But
we also do adhere and we've turned down establishments because of amenities
whether it would be a bicycle rack, a light pole, a parking meter did not have the 8
feet.
Vanderhoef/When I look at the tree wells, and that was one I was looking at a tree well,
and directly across from one of the establishments on Washington which is the
same diagram that we have on this particular one but there' s a tree right there so
that big circle comes out there.
Karr/The grate, yea.
Vanderhoef/And the 8 feet having the two levels and that's, it seems the closer to
campus the more foot traffic is and I guess I would like people to be aware and
listen up and see if 8 feet is truly the appropriately walk space we should be
leaving or whether it might be increased.
Karr/And certainly that was something that' s contained in the ordinance so it would be
Council's prerogative to increase that if you so desire.
Lehman/Is this 8 feet that we leave open on the sidewalk or 8 feet used by the sidewalk
cafe?
Karr/No it's 8 feet we leave open, you must have an unobstructed 8 feet.
Lehman/All right.
Vanderhoef/When we're building trails right now at the 10 feet and we're building
regular sidewalks out in our neighborhoods that are on the arterials at 8 feet and
then I think about the congestion that we have downtown at peak times like
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between classes and football weeks and so forth, I truly do question whether 8 feet
is wide enough.
Lehman/Although the arterial streets and trails also allow bicycles and whatever where
we don't allow those downtown.
Vanderhoeff However we have the wheel chairs and limited mobility kinds of folks and
certainly different athletic ability of the folks that are downtown, just look at it
and we can talk about it later.
Lehman/Do we get any complaints with that?
Karr/Only with, as I said only from the ones who did not have the anchored fencing, the
flexible ones that sort of gave and went and floated and times, yes, we did get that
and we would go up and we would enforce it and as I said many times they were
just not aware that someone else had moved the barriers. We have not gotten any
of the anchored fencing that I'm aware of.
Vanderhoef/This won't be anchored though on the outside level, it's just got a canvas.
Karr/All structures placed on top of sidewalk must have anchored fencing.
Lehman/(can't hear).
Vanderhoef/Well the platform is anchored.
Karr/Correct.
Lehman/It says the fencing is to.
Karr/To the platform.
Vanderhoef/That one but the next level out, the street level one is not anchored.
Karr/No it is not.
Vanderhoef/So that's the one.
Karr/But it must be delineated in some fashion, there must be some.
O'Donnell/What is the height of this? I can't remember?
Pfab/Is it 5 feet?
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Lehman/Your trying to get the whole camel underneath that one Irvin.
Vanderhoef/I know it shows it in the packet, let's see if what item number this is.
Kanner/146 in our packet.
Wilbum/It looks like it comes 10 feet out from the building.
Pfab/Ten not five.
Vanderhoef/Yea each level is five feet.
O'Donnell/But it's been successive.
Kanner/7 inch.
Karr/That's the awning, the awning is the 7 on top.
Vanderhoef/Well it looks like the sidewalk slopes under that so it's 4 5/8 inch at the
building height but then it is higher by the time you get out the five feet.
Karr/The walk is not even so basically the platform is to even out the walk.
O'Donnell/Okay.
Kanner/I had a few things for the agenda.
Lehman/Okay.
ITEM NO. 2B(9). POLICE CITIZENS REViEW BOARD - JUNE 25
RECOMMENDATION: ACCEPT PCRB REPORT ON COMPLAINT #01-01.
Kanner/Number 2b(9) in minutes and boards, minutes and boards and commissions, the
Police Citizens Review Board had a complaint that they sustained and I think it
would behoove us at a work session to review that complaint. It was by an
individual but I think the repercussions of their sustaining it have to do somewhat
with policy, police policy and we should discuss if we feel comfortable with the
sustaining of that complaint or we disagree with it and I think it would be good to
have some discussion on that. This is in regard to entry.
Lehman/Search.
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Kanner/Involving juveniles, 11 year old and 15 year old and I think it would be good to
have some discussion on that and see if anything's being done or should be done
in regards to what happened.
Lehman/Steve are we going to get a response from?
Atkins/Yes.
Lehman/The Chief and from you, I would like to hear their response and then based on
that response it might very well become an item for a work session but I'd like to
see the response from.
Atkins/I asked police, Captain Johnson's here we just talked briefly today, I'd read the
thing, we visited about it and we want to review the PCRB's thinking as well as
the investigators and we will be preparing a report for you and then if you want to
schedule for a work session that's up to you.
Lehman/Okay.
Kanner/Will we get this in our next packet?
Atkins/I couldn't tell you Steven, we started today to discuss it I'll have to talk to Matt
about it, we'll get it out as soon as we can because it's an important item.
Karmer/I would agree with that so we'll get some response in the next few weeks
sometime in our packet.
Atkins/I can't imagine more than two meetings because we want to deal with it quickly.
ITEM 2D(1). CONSIDER A MOTION SETTiNG A PUBLIC HEARING FOR JULY 31
ON AN ORDiNANCE AMENDiNG CITY CODE 1-5-1 AND 1-9-3 OF THE
CODE OF ORDINANCES OF IOWA CITY ESTABLISHING THE
BOUNDARIES AND PRECINCTS OF THE CITY COIfNCIL DISTRICTS iN
IOWA CITY.
Kanner/And then 2d(1) which is setting public hearing for the ordinance for new
boundaries and precincts and we have, these will not just to let folks know this
will not be affect, be in affect for our council races, new boundaries, Madan, I
talked to Marian today, so I had some confusion I thought that this would affect
the 2001 race but it will not for Council.
Lehman/January 15, 2002.
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Kanner/Right so it affects next year but we do have a deadline of September 1 and so we
might want to consider at our work session in August doing a consideration of this
so we can get three considerations at three separate meetings, that' s one issue to
think about. Because if we vote on it after the public hearing at our next meeting
then we have one other meeting after that before September 1 that's due. And the
other question I have, I have a call into Tom Slockett and talked a little bit to
Marian about this is what's the history of why the boundary is drawn like it's
drawn, district C is the far east? And also I don't know if this is connected, but
I'd also like to know do we have any history of over discrimination in terms of
voting here in Iowa City that might be affected by?
Champion/What do you mean by that?
Kanner/Well do we, in other cities and that' s a question I don't know, in other cities
boundaries were drawn to exclude minority votes from having a significant affect
and that' s happened across the United States and I don't know the history of these
boundaries, I don't know if we've had that kind of discrimination here but I'd be
interested to know if there is any record of that and do boundaries exclude perhaps
certain folks so that it benefits certain races or other types of people. So that' s the
kind of discussion I'm putting out there, I think it's important and.
Lehman/Marian I don't remember, I should I'm sure since I've lived here a long time,
but I don't recall the discussion that took place when the present boundaries were
established.
Karr/Well the present boundaries are by state law as well as federal law whenever a
decadal census is done boundaries are redrawn so therefore after each census
every 10 years we reevaluate and take a look at our boundaries, we do that after
the state approves their redistricting and along with house lines. At that point then
Tom Slockett here in Johnson County then takes that information and draws our
suggested boundaries we then respond to those boundaries. So the boundaries you
will be looking at in a few weeks have come from the Comn~ission of Elections
Office, we then would make a review of those, notice any discrepancies, I think
we're going to have some slight modifications, Tom then has 7 to 10 days to
review those prior to you seeing them at your public hearing so it must be
approved not only by you in the short time frame but also the Commission of
Elections also must indicate that approval. Again I think that procedure has been
in place for at least two previous times, I was not here when the boundaries were
first established though some people think I might have been here that long. What
we've done is we've adjusted those boundaries based on the census figures since
then, there's been no major changes except to the precinct lines based on the
population census. How they came to be begin with Steven we're taking a look
but they date back to again a time when they looked at the population figures and
divide it up and you always look at it and also take a look at 10 year growth and
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you try and look at that program and figure where your area of growth is going to
be in 10 years too. We also have a requirement that no precinct exceed 3,600.
Kanner/And it could be they said zip, zip, zip.
Karr/It's very possible it was that sophisticated yes at that time.
Champion/It probably was that sophisticated but I think what your talking about I'm sure
your right it was taken place in big cities where you would have a large minority
population that could affect the outcome of a vote, I'm sure that was done and
probably still is done in some areas but I don't think that' s a problem here because
our minority population is very small for one thing and 20 years ago it was even
smaller.
Kanner/Although it could be ethnic groups if this was done 60, 50 years ago, I don't
know.
Champion/That's possible.
Karmer/It could be ethnic groups done because of that.
Pfab/I have a question, do we have any access to the group that draws for the state which
is supposedly done by the one that does it for the Congressional district for the
state?
Karmer/Legislative Services.
Pfab/Well there's a non political entity that makes the first grab, second one the first one,
the third one can be amended.
Karr/Right, okay.
Pfab/Now does any of the work that they do have any impact on how?
Karr/I'm lead to believe yes.
Pfab/Okay I was just wondering. If somebody could find that, if you could find that I
would appreciate that, but it would stand, it would seem to make sense that they
would.
Karr/We can not, as I said we can not begin our process and that's why we have the time
frame we have right now, we can not begin this process until the state accepts that
redistricting and that's why we're under the tight timeline now and again that was
all taken into consideration at that time.
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Lehman/When are we going to get this?
Karr/Your setting a public hearing this time, prior to your public heating we will plan to
distribute a map showing the changes before your public hearing, and at that time
we're going to recommend first consideration. It's certainly, if there are any
problems or issues that arise we'll defer first consideration but as Steven laid out
we must have this done by September 1 and if we don't the Commission of
Elections will do it for us.
Lehman/If we don't pass it he will have potentially approve what he's given us to
approve.
Karr/That' s a possibility, he must approve something at the state level by that time.
Lehman/Well then we'll wait and see what we get.
Pfab/See what he does.
Karr/No we'll be submitting it to you in your next packet.
ITEM NO. 2D(2). CONSIDER A RESOLUTION FIXING TIME, DATE (JULY 31)
AND PLACE FOR HEARINGS ON PROPOSED CIVIL PENALTIES OF
$300.00 AGAINST COLLEGE STREET NEWS, DEADWOOD TAVERN,
GABE'S, PLAMOR BOWLING INC., AND WAL-MART (STORE NO. 1721).
Kanner/Number 2d(2) apparently we're going to be having a hearing for $300.00 fines
that were levied against some companies where their employees were found
guilty of selling cigarettes to minors and I was wondering if Eleanor or Marian
whoever is setting this up will outline how the hearing will go.
(Can't hear).
Dilkes/Yea the County Attorney' s office will be presenting the case, if you recall we had
this discussion about how these tobacco penalties will work and the County
Attorney's office will be presenting a case, I'll be representing the Council, it's
very possible that before the time of the hearing that you'll get agreements to the
penalties by some if not all of these people.
Kanner/Okay if we did have the hearing though you would ask questions of the person or
would they just go up and state their case and?
Dilkes/Andy (can't hear).
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Kanner/You would (can't hear) yes or no by majority vote.
Dilkes/Andy Chappell from the County Attorney's office will be conducting the hearing,
he will present the case and then the individual against who the penalty would be
issued would have a chance to talk to you and then you'll make a decision. If you
have questions as to the bounds of that decision you would look to me for that.
Karr/And we've asked Attorney Chappell to outline the procedure because we realize
this is a new procedure for all of us and we've asked him to outline a procedure
prior to that public hearing and as Eleanor noted we also anticipate the possibility
that some of these public hearings, some of these people may decide to pay and
not all of them will be represented that evening.
Kanner/Can we still get that outline by the County Attorney even if there isn't one? I
think that would be handy to have.
Karr/I think, the proposal was that prior to holding the first public hearing, excuse me it's
not a public hearing I want to clarify that, it's a hearing, there's not an opportunity
for the public to speak it's an opportunity for the establishment to present
information prior to a hearing, yes you will be receiving that information.
Kanner/I'm asking you if there isn't one it would be good to have that.
Karr/I can certainly ask for that yes.
Kanner/For future possible hearings.
Karr/I think also what we've asked is that that be incorporated each time that a hearing
be scheduled that we all be reminded of that procedure because it will be new to
the public as well as t he establishment and as long as the public realizes it is not a
time for them to be heard either so we've asked for that on a continual basis but I
certainly can ask.
Lehman/Any other agenda items? We need, if we have items that we need answers to
tomorrow night we need to ask tonight so we can have those answers rather than
asking tomorrow night.
ITEM 2F (11)(B)). JCCOG TRAFFIC ENGINEERING PLANNER:
(13) CHANGE EIGHT PARKING METERS IN THE 400 BLOCK OF COLLEGE
STREET FROM 30 MINUTES TO 2-HOUR TERMS.
Kanner/On 2f (11 )(b)), we're getting a report from the City Engineer on changing the
parking meters on College to 2 hours from 30 minutes in front of the old Wilson
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building. And this is more directed at the Council and to the City Manager it was
my understanding that when we bought the Wilson building that there would be, it
was informally I thought there was some informal agreement that we would try
and rent that building out instead of having it sit empty and putting the meters up
there seems to say that there won't be any attempt to getting someone in that
building getting us some instead of property taxes getting some money coming
into the city coffers that we don't have anymore since it's taken off the property
tax rolls. So l was wondering ifCouncil is interested in putting something in
there, I still think it's a neat location and something might work.
Lehman/I don't think that we can discuss whether or not we're going to rent that
building, now there' s 8 meters which means that we can change those meters back
to 30 minute meters probably at a couple hours notice if we were able to make use
of that building they could be changed back to half hour meters.
Davidson/Well we'd do that at a City Council meeting but yea you can change them and
if we feel this is appropriate given the use now because they're simply not being
used.
Lehman/Right.
Champion/Right.
Lehman/That is an item thought that I wouldn't mind discussing at a work session the
use of that building.
Pfab/Are you saying that the way they are now they're not being used?
Davidson/That's right that's why we're recommending changing the term.
Champion/But what about the bus station, are people dropping people off and stuff?.
How will that affect that?
Lehman/Just changing the ones that are there.
Champion/No your changing the time, right now they're 30 minutes.
Kanner/Well it would be harder.
Lehman/(can't hear). Chauncey Swan is right there, if you've got to be there longer than
2 hours you should be in the ramp.
Davidson/Yea just so you understand how we've come to this conclusion, the parking
superintendent I think practically daily just kind of makes a spin in the central
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business district and notes what's being used and what' s not being used and all of
a sudden he noted these meters were formally quite heavily used were not being
used at all and it was also reflected on the revenue recovered from them and so
that's the reason for the recommendation and you certainly can change them back
if at some point in the future it becomes appropriate to change them back.
Kanner/So it's not a big effort to change them from 2 hours.
Davidson/It requires one meeting and your decision.
Kanner/No not as far as your effort physical effort to change.
Davidson/Oh no parking division person will do that.
Kanner/Just a few minutes you go in you turn something and.
Lehman/Change the head.
Davidson/Yea it's in the meter head that you change.
Kanner/Okay.
Pfab/I have a question, what, let's suppose they were all used full time, which is obvious
not true in both cases, what' s the difference in a 2 hour meter and a thirty minute
meter as far as income over, is the rate the same?
Davidson/The rate is the same Irvin yea.
Lehman/Okay.
Kanner/Is there any other interest? I heard one about talking about the Wilson Building?
Pfab/I don't think it now today.
Lehman/No but Steve could we have just kind of brief memo from you.
Atkins/Give you an update of what we're using it for now and.
Lehman/I'd like, yea because we've owned that building for quite a while now.
Atkins/We can do that (can't hear).
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Kanner/You said yea there would be some necessity to put some money into it for some
of the floors sagging and maybe we can see though if it's worth fixing it and if
there's any interest out there.
Atkins/We'll prepare a memo for you.
Lehman/Okay.
Champion/I thought we weren't going to, we were going to try to stay out of the real
estate business.
Lehman/It's not on the agenda Connie. Any other agenda items?
ITEM NO. 9. CONSIDER AN 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
COMMENT ON OFFICER ACTION AND POLICE PRACTICES,
PROCEDURES AND WRITTEN POLICES REGARDING AN INCIDENT
NOTWITHSTANDING ITS AFFIRMANCE OF THE POLICE CHIEF OR CITY
MANAGERS 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. (PASS
AND ADOPT)
Karmer/I had a question about the ordinance to amend the PCRB, we're going to do the
third consideration tomorrow. Do we have to state that we allow the City Council
to request the Police Citizen Review Board to hold info. hearings, state it the other
way around.
Lehman/Do we have to what now?
Kanner/Maybe it's obvious, well it's stated in the ordinance that the PCRB can request
City Council to hold informational meetings.
Lehman/That was by, that was the intent of the Council, that the Council hold those
hearings.
Kanner/Okay I thought also part of the intent was that although Police Citizen Review
Board couldn't hold them on their own we could request that they hold them.
Lehman/Oh I think we can always do that.
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Kanner/So it's an obvious thing that we don't have to put into the ordinance?
Vanderhoef/Yes, we can ask any Commission to respond to us for a request whether it's
a survey or recommendations or whatever.
Kanner/Okay.
ITEM. NO. 11. CONSIDER A RESOLUTION APPROVING AN INVITATION TO
IOWA ARTISTS FOR THE IOWA SCULPTOR'S SHOWCASE.
Karmer/On the resolution accepting the public art, Number 11, Public Art Advisories
invitation for rotating Iowa Sculptor's Showcase, I recollect that I thought we
were going to be able to keep the piece, wasn't that?
Franklin/Tornado we will, that's special.
Champion/Dorothy.
Franklin/Dorothy.
Kanner/That's another thing, the name changed, when did the name change happen? I
liked the old.
Franklin/Well the name changed shortly before we installed it at the request of the artist.
Champion/I like the name change.
Franklin/Yea it's kind of cute.
Champion/It's kind of (can't hear).
Franklin/Yea, anyway that was special because of the circumstances under which it was
acquired with the NEH grant through Epicenter group. But the whole idea was
that this particular pad would be one that would be available for Iowa Artists and
it would be an opportunity for artists to display their pieces and have them for sale
although they'll be obligated to have them in place for one year but then they go
back to the artist and there's an honorariurn but we're not paying for the cost of
the sculpture.
Kanner/Okay.
Vanderhoef/Did we pay the honorarium for Dorothy?
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Franklin/We paid $1,700 for Dorothy which was a match for the NEH grant.
Vanderhoef/Oh okay.
Franklin/And we own Dorothy, Dorothy will then rotate to other sites throughout the city
and we thought we might do it in the pattern of a tornado which is start in the
southeast and.
Lehman/Are we going to put a yellow brick road any place?
Franklin/Now there's an idea.
Lehman/Any other agenda items?
Pfab/I don't think I want to tough anything.
Vanderhoef/Have we missed anything?
ITEM. NO. 15. CONSIDER A RESOLUTION OF INTENT TO CONVEY A SINGLE
FAMILY HOME LOCATED AT 1605 DICKENSON LANE AND SETTING A
PUBLIC HEARING FOR JULY 31, 2001.
Kanner/Number 15 about conveying a single home to for $132,000, use the term low
income in the resolution, is that by definition a federal standards or is that just a
generic?
Atkins/It's by definition, see I think we have to establish those annually based on what
the federal government gives us.
Kanner/Because.
Atkins/Yea income guidelines.
Kanner/Okay we, so for a family of four.
Atkins/Your not going to ask me the number are you?
Kanner/The median income in this in our town is $62,000 for a family of four.
Vanderhoef/Is that the new one?
Lehman/Yes.
Vanderhoef/It had been 54 or 56.
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Kanner/Yea, the new one went up to a little over 60, do we know what percentage of that
is low income?
Atkins/No sir I don't, maybe Karin can find out.
Vanderhoef/62 is the 80 percent median income.
Kanner/I thought it was eligible up to that but that' s.
Atkins/Ask, you can ask Karin that question.
Karmer/What' s our definition of low income?
Franklin/Don't hold me to these absolute numbers but a family of four 80 percent of
median income is considered by HUD to be low income and that is approximately
$50 some thousand dollars this year.
Atkins/Okay that sounds about right.
Kanner/So it's up to 80 percent of it.
Franklin/Yes, yea, well what's median?
Lehman/Family of four is 62 did you say Steven?
Franklin/The amount oh.
(All talking).
Franklin/Well let me stumble through Ross.
Kanner/That makes sense it's about (can't hear).
Wilburn/I wanted to see how on (can't hear).
Franklin/It's $62,900 is median income for a family of four and the categories now, 80
pement is designated as low income by HUD, poverty level is 30 percent of
median.
Kanner/Thank you.
Lehman/Okay. We are going to take a quick break so until about 8:00. Traffic Calming,
Jeff is here.
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Annointments
Karr/How about the Council appointment.
Lehman/I'm sorry, oh my gosh, Mike your.
Vanderhoef/Well that O'Donnell, who knows about him.
Lehman/Mike's appointment to the SEATS Paratransit Advisory Committee expires for
their appointment as of, your expired, as of First of July, isn't that right? You are
now Chair of that Committee?
O'Donnell/I'm the chairman of the committee.
Lehman/I would kind of like concurrence of the Council to reappoint the chair to
continue chairing that committee.
Vanderhoef/I second that one.
Champion/I third it.
Vanderhoef/Okay, I do have a request when I looked at the printout, for some reason I
still have not been added onto that list.
Lehman/Talk to Mike he's the chairman.
Pfab/He was the chairman.
Vanderhoef/No they requested that we send it in to them and so I don't actually know
what my term is.
Lehman/It may have just expired to.
Vanderhoef/Well they went several months without one after Dee Norton had been the
person so it's only been in the last 8 months that I've been on the committee.
Lehman/We're glad your on the committee.
Vanderhoef/Oh thank you.
O'Donnell/We're to go (can't hear) your on that committee.
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Lehman/The chairman can make that annotmcement at the next meeting. All right Jeff
traffic calming.
Traffic Calming (IP1 of 7/5/01)
Davidson/A couple of traffic calming issues for your consideration this evening, the first
one is the northside alley issue which we last talked about on January 8, we're
speaking here of the alley in blocks 73 which is bounded by Brown Street on the
noah Linn Street on the east, Ronald Street on the south and Dubuque Street on
the west and I did want to point out to the Council that I do have two degrees in
Geography both in undergraduate and a master's degree from the University of
Iowa but that did not keep me from screwing up the noah and east and west (all
laughing can't hear). In paragraph 2 and in paragraph 5 where it refers to north it
should be east and where it refers to south that should be west, the alley does not
mn noah and south and I knew that I think I was just holding the paper.
Champion/Well I did, I'm a Geography graduate and I didn't even pick it up.
Davidson/You didn't pick it up, and you also have a Geography degree, maybe it runs in
people with Geography degrees but anyway.
O'Donnell/I picked it up but I wasn't going to mention it.
Davidson/Well thank you Mike that's very nice.
Kanner/And I thought you were proposing a new access align.
Lehman/A new alley.
Davidson/No. Anyway with that revision just let me real briefly touch on a couple points
here, we have proceeded through the traffic calming process and gotten to the
point where we have the results of the traffic survey that was done by city staff
and the purpose of the meeting this evening is to see whether you are interested in
going further with the process we ceaainly can and if you would like the benefit
of the subsequent steps of the process, probably the principle one being the
neighborhood survey we can go ahead and do that if you would like for your
consideration. If by the end of our discussion on this issue you would like to
proceed with the neighborhood survey let' s have a brief discussion of how
extensive you want the survey to be. The neighborhood group has gone on record
with a couple pieces of correspondence as saying they would like the survey
boundaries expanded from what we would normally do. Normally we would just
have the propeaies that are adjacent to and directly impacted but we can once
again as you've heard me say repeatedly do whatever you want to do on this issue.
The results of the traffic counts that we did take you know indicate that the
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majority of traffic is behaving if you want to use that term, I'm sure that the
persons who live adjacent to the alley are concerned about those above the 851h
percentile folks which I did outline for you that we have do some of those that are
driving erratically in the alley but the majority of traffic is going relatively slowly
and we did not find there was an excessive amount of traffic either given the
character of the neighborhood. You know our standards for the traffic calming
program don't include alleys so we're kind of going by the seat of our pants a
little bit. But it is my feeling that you know attempting to calm traffic further
from what it already is is something that you may want to think twice about. That
having been said certainly the proposal that the neighborhood association has
made of a barricade similar to what we're doing on Lexington across the alley
would be effective, it would be effective at those above the 85 pereentile folks
that are driving eradicately, it would keep those people from going through the
alley and if that is something your interested in doing we can proceed with that.
So that's kind of where we sit, just looking for direction on how you would like to
go forward with this one.
Pfab/I would be inclined to unless we can start ticketing those above the 85 percentile or
installing a camera device then I would support their contention to be safe in their
neighborhood and put the gate there.
Davidson/Put the barricade, okay.
Pfab/I would support that.
Champion/Well what other alternatives are there besides gate? I think (can't hear).
Davidson/Well the alternatives Connie are basically generated by the neighborhood with
traffic calming program. We did meet prior to a scheduled meeting of the
Northside Neighborhood Association at Horace Mann School several months ago
and had a small subcommittee of folks that did discuss what some of the possible
options were. I did ask the neighborhood association to let me know if there were
any additional things besides the barricade they were interested in and I didn't
hear that there were any so I'm under the impression with no correspondence to
the contrary that the barricade is what they are interested in and it obviously
would be an effective solution to what are some of the concerns there that you
have heard. Oh I also wanted to point out that I just had a chance to scan it real
quickly you did receive a couple of pieces of correspondence today, one from
John Fitzpatrick of 721 North Linn Street who's property is adjacent to this alley
and also from David Tingwald who is the coordinator of the Northside
Neighborhood Association. And both pieces of correspondence do encourage us
to continue through the process and proceed with the neighborhood survey before
any decision was made.
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Kanner/Was it the opportunity to consider speed bumps discussed? It seems to me that if
we're concerned with just a few drivers causing most of the trouble that in this
case speed bumps would be a good way to deal with that problem to cut down on
those four or five that might be going above that 85th percentlie.
DavidsoW Yea I assume Steven your talking about the speed humps which are actually
the wider things we use, we don't actually recommend speed humps like you see
in the Kmart parking lot the very short high things. They, you know the
neighborhood association received the brochure which has the menu of what the
possibilities are and that was not something that they indicated they were in favor
of. I would want to think very carefully about speed humps in that alley given the
slope where you have a situation where people are going to have relatively high
speed on a slope like that, we want to be very careful about the placement of
those. The coordinator of the neighborhood association is in the audience so I
assume if that is something David another alternative besides the barricade that
the neighborhood group would want to have, you would let me know that was the
case.
Lehman/We have used speed humps in one other alley with I believe fairly good success.
DavidsoW The next item on the agenda Mr. Mayor.
Lehman/Was that not? Do I? IfI recall of your memo that that seems to have been very
effective.
Davidson/Yea, it has been.
Lehman/Again I realize the topography is different but it is effective.
Pfab/I think that it takes, I don't know where this other one is, where' s this one located
at? Is it level?
Davidson/The one the Mayor' s referring to, it's parallel to Muscatine Avenue between
7th Avenue and Court Street.
Pfab/Fairly level.
Davidson/It has a slight slope to it certainly not as steep as the block 73 has.
Pfab/I think this is the place for mountain goat.
Davidson/It's very steep yes.
Pfab/They'll be airborne if you put a thing, something in there you'll find (can't hear).
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Davidson/Yea if that's something your interested in having us do a little bit more
research on I'd be glad to do that rather than make a decision at this meeting.
Champion/I am interested in some other idea of controlling that alley than putting a gate
across it.
Davidson/Okay.
Vanderhoef/I'm interested somehow in making it a little bit safer, those few
irresponsible's are really pretty scary and unfortunately that's not an area that's
easy to patrol and with the amount of traffic we have at the bottom of the hill on
Dubuque Street and the blindness of shooting out of that alley.
Davidson/I've heard three of you I guess express some interest in speed humps, I mean is
this something you'd, probably what I'd like to do is get with David sometime the
rest of this week and discuss.
Champion/I'm not interested in speed humps necessarily I'm not interested in what other
alternatives there are, if that's speed humps I'm interested in those but if there's
some other thing we can do I'm interested in that too.
Pfab/Is them, did you say there's a catalog of possibilities?
Davidson/Well we have a brochure that just has sort of a menu of what you know there' s
probably 6-8-10 different things you can do.
Pfab/Is that something that Councilman Champion could have a look at?
Davidson/Well I've seen you've all seen the brochure.
(All talking)
Lehman/We've all seen the brochure.
(Can't hear).
O'Donnell/Council person.
Pfab/Pardon.
O'Donnell/Council person. You know there's a lot of times speed humps present more
of a challenge and a lot of people like to take them and see how high they can fly
off.
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Lehman/I think in some cases they only do it once.
O'Donnell/Once it all it takes a lot of times Ernie.
Vanderhoef/Well given the narrowness of that alley and the as I recall there are utility
poles right along that alley also, the humps may be a danger like you said
depending on where they're.
Davidson/And I think the other thing for us to ascertain is whether or not the
neighborhood is interested in these. I mean it has never been the intent of the
traffic calming program to impose something on a neighborhood that they didn't
want so I think the very first thing for me to do is to sit down with Mr. Tingwald
and see if t his is something, and it may take a subsequent meeting of the
neighborhood association to determine if it's something they are interested in.
O'Dormell/And if they're in favor of continuing the review process.
Davidson/Well they have indicated they are in favor of proceeding of what we're doing,
they have indicated that in the correspondence that we received today.
Kanner/Yea I think we should decide here two things, one if we're in favor of the gate
and continuing of that and if we say no then if we're give the go ahead to Jeff to
continue to look at other options, it seems to me those, that's the way we'd want
to go.
Pfab/At some point in time are we going to listen to any input from those people?
Davidson/We can certainly proceed with the neighborhood survey ifthat's what you
want to do.
Pfab/At some point in time have them address the Council.
Lehman/Our present procedure is anytime we decide to do something we will decide that
whether it be negative or positive and the neighborhood will have an opportunity
to speak to the Council because we won't be taking any positive action for two
weeks. If we choose not to take any action they can obviously speak to us at any
Council meeting.
Davidson/Yea Actually let me just modify slightly what you said Ernie, if you would like
us to continue with the evaluation of the barricade which the neighborhood has
proposed and is what we have been evaluating so far, we can continue that
process, I would like some, if that's the case I would like some input on whether
or not you want us to just survey, what we would normally do is part of the
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process, the properties adjacent to the alley, both rental units and single family. If
you would like us to widen that smvey as the neighborhood has asked us to do we
can do that just let us know. Now if your interested, ifthere's a majority here that
says we're not interested in the barricade but you want us to go back to the
neighborhood see ifthere's anything else such as speed humps that they might be
interested in then we're kind of going back to the beginning of the process a little
bit.
Lehman/All right let's just do one at a time, are there four people interested in putting up
the barricade?
Vanderhoef/I would just like information on how we would handle this would snow.
Davidson/Well the snow is a concern.
Vanderhoef/It is a concem for me.
Davidson/The Fire Chief and I did note that with a winter like this you know despite our
best intentions it is likely there would be have been snow piled against that for the
duration of the winter and the Fire Chief said that because of that they wouldn't
even try to use it.
Lehman/They wouldn't come out in the winter as the one on Lexington is the question.
Davidson/It's not been proposed, no but that was done a specific case with Lexington.
What' s been proposed by the neighborhood is something that would be up 12
months a year.
Lehman/All right.
Davidson/So that' s a concern of the fire departments.
Pfab/Is that something that if there was snow who clears the snow?
Davidson/The city does not clear snow in an alley.
Pfab/Well is there any reason whoever clears the snow they could open the gate and clear
the snow and close it again?
Davidson/Like I say Irvin despite our best intentions we doubt that would be the case,
it' s just.
(END OF 01-68 SIDE ONE)
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Davidson/Go in and in situations similar to that that's where the snow ends up being
piled.
Pfab/Is, other, it looks to me like in a sense the neighbors have kind of spoken here when
I look at the, I don't know is there 30, 50, 60 signatures.
Davidson/That was the original petition from the neighborhood association Irvin, the
survey that we would do is part of the process is I believe 21 residences, according
to how we typically do these, you can modify that if you'd like to but it would be
21 residences adjacent to the alley. That big white apartment building on the
comer of Dubuque and the alley would have half the votes, now whether or not
they would vote we don't know but according to the way you've said it up with
single family and rental treated the same there would be I believe 21 votes all
together.
Vanderhoef/And that leaves too much power in one place in my mind.
Davidson/Well if they vote, it depends.
Vanderhoef/If they vote absolutely, so no I don't think that is an appropriate way to
count votes.
Lehman/Well let's before we get there, are there four people who would like to erect the
barricade? I mean ifthere's four people who want to.
Davidson/Or Emie at least proceed with the neighborhood survey not the barricade.
Lehman/Evaluating the process of doing the barricade.
O'Donnell/I want to proceed with the neighborhood survey about the barricade, I think
that's a response.
Champion/Right.
Lehman/All right we have proceeding with, I'm sorry.
Wilburn/I was just going to ask could we also get some input about the neighborhood's
openness about the concern with the winter months, the 9 month or 8 month.
Davidson/We can put that on the survey if you'd like.
Wilburn/Yes that's what I'm asking.
Vanderhoef/I think that's a good question to ask.
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Lehman/Wouldn't that be part of evaluating the barricade?
Davidson/Well it wouldn't be typically unless the neighborhood had requested it but if
you all would like to see that similar to what we did, well the way we would
probably structure the survey is have a place where you could answer for a 12
month barricade and a place you could answer or put check for a three season
barricade like we did on Lexington.
Wilburn/The reason I say is I might be open to partial barricade not the full.
Lehman/All fight we have one, two, three.
Champion/Oh I wanted to continue so.
Lehman/All fight then I guess you have four.
Davidson/Proceed with the neighborhood survey. Next item.
Lehman/Just a second before we move from this.
Vanderhoef/And how we're counting.
Lehman/My understanding is now if I'm not mistaken that the proceeding, that your
efforts will be proceeding in evaluating the barricade method of calming the
traffic, is that what I understand from the rest of the Council?
O'Dormell/Yes that's what your understanding.
Kanner/I have a question.
Vanderhoef/The survey counting the question.
Davidson/Would you like us to expand the survey boundary at all, beyond what we
typically do?
Vanderhoef/The 300.
Davidson/To beyond properties that are adjacent to the alley.
Vanderhoef/It's either expand it or expand it and recognize.
Davidson/Okay if you tell me to expand it I'm going to ask you how far.
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Vanderhoef/I know, but I don't agree with the way we have it set up right now that one
residential rental property could control the vote, I think that' s.
Davidson/At the time Council set up the program that was debated, and very specifically
established that rental units and single family would be treated the same. There
are examples of programs in other cities where only single family, I mean but it's
basically set up as something to protect single family against the rental units.
Champion/Oh I hate that.
Davidson/And so and that was a deliberate decision by Council at that time to not
structure our program that way.
Lehman/I think that, I don't know how.
Vanderhoef/That one vote per structure.
Davidson/Residential dwelling unit is how we do it now.
Vanderhoef/The dwelling unit.
Davidson/The, I'm sorry I'm drawing a blank on the name now but the Theresa Kopatich
used to be a fraternity there.
Kanner/Successful Living.
Davidson/Successful Living, that I believe is classified as a single dwelling unit even
though it has multiple people living in it so it would not get multiple votes like the
apartment building.
Vanderhoef/Because other wise the two.
Kanner/Dee I don't, I think we'll go ahead with it, I don't think it matters so much, it's
just to give a sense of where people are at and we sort of have a sense now, this
will give us another sense. I would just like to see added an option that says if the
Council decides not to go with the block, the barricade.
Lehman/The barricade.
Karmer/Would you accept the speed humps or some other option listed on there, would
that be all right to add?
Pfab/I would rather, myself I would rather see it rather simple and because other wise
pretty soon it's not (can't hear).
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Kanner/Well I sort of have a sense already of what the neighborhood wants, they
basically want the barricade and we're going to probably get that back too, and
instead of having to go back again and find out, well if the Council says no to the
barricade will you accept the speed hump why not just put it on there now.
Davidson/One clarification Steven it will only come back to you if there's at least 60
percent of the survey respondents that are in favor of it, remember you established
that as a rule, I mean you won't see it.
Lehman/Well and before we go any further, are there, before we go through the process
of surveying the neighborhood and coming up with the 60 percent are there four
people who will vote to put a barricade in that alley? If the results are all positive
and everybody wants it are there four folks that will vote for it?
Vanderhoef/The 9 month one is what I'm most interested in.
Pfab/I would vote.
Wilburn/Not for a full (can't hear).
Lehman/But if it were a 9 month or 3 season, are there four folks that would approve
that? I see two, I see three, all fight that's fine.
Champion/(can't hear).
Davidson/How extensive do you want the survey?
Lehman/All right, I think there's a real problem in expanding that survey because what
we do here is what we will be asked to do in other portions of the community.
Pfab/How far does the traffic affect, what is the beginning and the end of the race track?
Davidson/Well the intent of an alley Irvin is to provide access to the adjacent properties.
Pfab/Right.
Davidson/The traffic counts that we see indicate some cut through traffic but not a great
deal, it's not like you know, if we saw a traffic count of 400 or 500 we would
know that it was an excessive, we see that in some alleys for example in the
Creekside neighborhood where people are avoid traffic signal, sometimes you see
those kinds of numbers.
Pfab/Well isn't that, is that part of the problem there?
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Davidson/The cut through traffic.
Pfab/Yea.
Davidson/Well we have no way of knowing if those speeding vehicles are people who
live there or not I mean I presume maybe they're not.
Pfab/To me it looks like it's an accident waiting to happen, I mean it's a bad accident.
Champion/(can't hear).
Davidson/Expand the survey.
Lehman/I don't favor expanding the survey, I think an alley is primarily intended to serve
those properties adjacent to that alley I don't fell the same way about a street but I
wouldn't expand it on the other hand I can understand the concerns here but I fear
when we start doing traffic calming in other parts of the community and we start
expanding that survey it's going to be very difficult as to where to draw the line.
Because I heard you say that we will draw the line, how far out do you want to
go?
Davidson/You did hear me say that.
Lehman/And I don't know, I really don't know.
Kanner/And again these are not binding referendums.
Davidson/No that's right.
Wilburn/We also said.
Lehman/We get 60 percent it's pretty binding.
Kanner/Well not.
Davidson/It's still your decision, it's still your decision.
Lehman/We just have four folks that said they'd do it.
Kanner/And we'll probably get 60 percent saying to do it but my point is again that other
people who aren't surveyed have an opportunity to come to us especially with our
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Lehman/Tree.
Kanner/Rules about putting signs up so everyone can be heard it's just a few will send in
post cards.
Davidson/That's right.
Lehman/Well what are we going to do?
Pfab/Are we going to have a sign put up out there?
Davidson/Yea we'll do that just like you did that last time?
Lehman/What's your pleasure folks? Survey the folks adjacent to the alley or expand
that to more than the alley.
Kanner/I'd say keep it simple, don't expand it.
Wilbum/Don't expand it.
Champion/Don't expand it.
Lehman/All right do the alley.
Traffic Calmint ( 1 P2 of 7/5/01 ) Ridgewood Drive
Davidson/Thank you. Next item is Ridgewood Alley, this is the alley that a year ago we
did install speed humps, you have some information from me indicating that there
is a very high rate of approval of those responded to the survey. 17 out of 18
would like to retain the speed humps so shall we?
Lehman/Yes I think that' s a great idea.
Davidson/Just real quickly before I leave the Lexington Avenue barricade is being
fabricated this week, we did find a local company that would do that for us so they
had a little bit of trouble getting the materials but they have those so hopefully by
next week or the week after we'll have that installed.
Lehman/I just one question, is that a break away barricade?
Davidson/Yes it is something that if somebody hits it it will go over.
Lehman/Or a fire truck or an emergency vehicle could go through it.
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Davidson/Actually it's going to be equipped with what is called a Knox padlock which is
a fire department type thing that they will have access to, if there was an event for
example and they were setting up fighting a fire scene there they could open that
and have access through it at that time, but just the fire department will have
access to it.
Lehman/Or they can drive right through it.
Davidson/They could yes.
Lehman/Hey I'm sorry but there may be occasions where they need to.
Davidson/Then we need to buy another barricade, we're hoping they won't, thanks.
Lehman/Thank you.
O'Donnell/(can't hear) an avenue there that has been working fine for a great number of
years so there's no reason to think that this won't.
Lonl~ Term Deer Management Plan (1~3 of 7/5/01)
Lehman/Okay the Long Term Deer Management Plan, this is something if I'm not
mistaken we have reviewed on occasion, from what I read in the paper and I think
there was something in the packet our deer management plan as much discussion
as it had and as controversial it has been appears to have been fairly successful.
And I think what the Deer Management Committee would like from us is an
indication that they are to continue in their work. I feel that they have been
remarkably successful, it seems to me their recommendations have been
environmentally sound, they've been scientifically correct and what has occurred
is precisely what they had hoped would occur, I think what they want from us is
an indication that they are to continue their work as they have the last three years.
O'Donnell/Absolutely.
Wilbum/Yes.
Lehman/Do we have concurrence with the Council?
Vanderhoef/Yes.
Lehman/Okay.
Vanderhoef/That was easy, go home quick.
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Kanner/I did have a question on a couple things, reflectors, I don't know how we're
doing the reflector program there, I think there was some trouble last year about
getting it going and also taking into account the migration patterns with new
roads. I remember Dee Norton bringing that up with Dodge Street and are we
following that recommendation in our road building plan?
Lisa Mollenhauer/Actually an environmental assessment or an impact has been done on
the North Dodge improvements that have been taking place, there's a little
booklet on the findings of that and some recommendations for that area
considering there. So it isn't something that's just gone by the way side it is
something the task force would like to discuss further this year to make a more
specific recommendation particularly regarding development and roadway
improvements for the Council. They did not feel however the long term planning
to be amended at this time to include that.
Lehman/But what your asking from us is our endorsement to continue.
Mollenhauer/Is this the course that you want the committee to take and ifthat's the case
the task force will work this summer to fulfill those goals or to work toward them.
Lehman/I think it would be a shame not to continue.
Pfab/Okay I have a question, what I read in the paper anyway is there going to be an
attempt to control some of the size of the herd by sport hunting?
Mollenhauer/Irvin it's part of the long term deer management plan that every legal,
lethal, yes every legal, well lethal option also will be considered by the Task Force
each year that is part of their charge, whether they will recommend that or not and
whether you, that' s what we're asking.
Pfab/That' s what they're there for.
Mollenhauer/Exactly.
Lehman/And those options you have reviewed each of the last three years?
Mollenhauer/Yes.
Kanner/And in the minutes from the 6-26 deer task meeting it talked about, got that
memorized?
Mollenhauer/Sure.
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Kanner/It talked about not looking at development issues now but next year, is them any
reason that you wanted to wait on that?
Mollenhauer/Actually not looking at them before asking you to affirm the long term
plan, they will look at them this summer and then make a recommendation for you
in the 2001-2002 plan so you will have that before you this fall.
Lehman/Good.
O'Donnell/Good.
Kanner/Thank you Lisa.
Lehman/Thank you very much.
Mollenhauer/Oh I just wanted to acknowledge we do have five task force members here
tonight I thought that was very nice of them to come and obviously they're very
interested in this.
Lehman/You know that is a tremendous committee, they've worked so hard and they've
been the source of so much controversy I couldn't be stronger in my appreciation
for what they've done.
Vanderhoef/I think we can take pride in them.
Lehman/Absolutely.
PATV Funding Re~luest (#2f (12)) Public Access TV - purchase of building
Lehman/Dale would you kind of lik~ to guide us through this?
Dale Helling/ Let me pass these out first. What ljust passed out is a reduced in writing a
recommendation from the Iowa City Telecommtmications Commission they just
met this afternoon at 4:30 to go over, they have the same material that you have in
your packet, and basically what they recommended is outlined here. I would just
point out two things, the first thing in terms of the draft agreement with the city, I
think it's clearly understood do the best of our ability to protect the interest of the
public equity here and that would be part of that agreement and secondly just for
clarification when they talked the second thing about an approval of a draft
agreement with a proposed tenant, that means exactly that a tenant the
commission is not in favor of a rent to own agreement with anybody else and
having another party besides PATV and the City as co-owners of that facility.
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Lehman/Dale when you said review of the Commission's approval of a draft agreement
with the City of Iowa City what sort of an agreement are we talking about here?
Obviously the pass through funds, or the $125,000 1 basically is public money.
Helling/Right it would just be the agreement outlining the terms under which the city
would basically invest the $125,000 equity in this facility and become a co-owner
of the facility with what's my.
Lehman/Okay that' s my question, the city would have ownership.
Helling/Partial ownership.
Kanner/How is that played out? Is that like a conditional occupancy loan, is it a second
mortgage?
Helling/It could be played out in a variety of ways depending on how you see that
happening or how you want the city's equity to be established but clearly some
way to protect that so ift his thing fails for some reason the city could recover that
money. Now obviously there's going to be some risk with perhaps losing part of
it or whatever if the whole thing goes belly up early on or if PATV isn't able to
make the payments but then we could write options in there too, maybe in a
circumstance you might want the city to buy out the mortgage and then resell the
property or something, there' s a whole variety of ways to do it, we haven't really
sat down and looked at all of them because there's an endless number of
alternatives but in some way protect that interest.
Vanderhoef/Well as I recall our conversations when we used the other $125,000 for
another facility we talked real specifically or at least personally I did about having
this for a capital project meaning buy something with it so I guess my question
would be is what equity is PATV putting into this project be it a matched dollar?
If we put $125,000 into purchase, and I mean pumhase of the building, I don't
mean refurbishing it, I don't mean updating it, I don't mean equipment in it, I
mean for the capital pumhase, does PATV have $125,000 to match us?
Helling/No and just for some clarification, you'll see there's a 3-2 vote I think the
descending voters had the same concern that at this point in time there was no
equity or very little equity that could be attributed to PATV and that was a
concern and that's probably not the only reason that they voted not to make the
recommendation but that was one of the strong considerations and it was a
concern I think of everybody but the feeling was somehow or another if they could
secure a tenant that they could use that money to retire or pay back the mortgage
and somehow that would, the whole thing could come together financially and
that they would gradually build the interest on their part.
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Vanderhoef/Is the tenant bringing in any equity to put into the capital project or are they
only coming in as rental?
Helling/My understanding is and there are folks from PATV are here who can answer
that question, my understanding is the tenant would be committing to a some term
of a lease and that that would be their commitment not and perhaps they would
put some money as well into the interior improvements of that shell, we're talking
about now, their proposal about the Evert Connor Center. But like I said PATV
folks are here and I'm sure they can address that.
Vanderhoef/Well I read that and it was like this project has some possibilities and
partnering with someone else is a good way to go however I feel until they have
some equity built up that they can put into the project at the start of it it's going to
be pretty hard to get my approval of this kind of a proposal.
Lehman/You know frequently in situations like this where you've got a potential tenant
whose willing to pay a rent that is sufficient to retire the debt that is necessary to
remodel the property, there are two ways of doing, you can collect that in rent or
the tenant can front the money and do their own repairs or improvements to the
property. In this case out of the $125,000 pass through money PATV is intending
to use apparently $15,000 of that as a down payment and the other $85,000 for
mfurbishing the properties I suspect for their own use and perhaps to some degree
for the Evert Connor Center. The Evert Connor Center instead of paying what the
rent is that has been negotiated were to pay a smaller amount of rent and come up
with some of the money to help remodel it, a larger portion of the $125,000 could
be put into the capital project, into the ownership of the building.
Helling/Well I would be asked to be corrected if I'm wrong but I do not believe this
budget includes the interior remodeling or finishing or whatever for that portion
that would be the Evert Connor Center.
Lehman/Oh the $85,000 is just for PATV.
Champion/Right.
Vanderhoef/To remodel their area.
Helling/Rene why don't you go up to the microphone.
Lehman/That was just a little side show that was not tested.
Vanderhoef/Are you okay?
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Lehman/It was not captured by the camera.
Vanderhoef~ And the two red faces.
Rene Paine/The $100,000 estimate was for the entire building.
Helling/Oh I'm sorry.
Lehman/For the remodeling, and that would be the Evert Connor portion as well.
Paine/Right.
Lehman/And do you know what the relative amounts would be for PATV's remodeling
and the Evert Connor's portion of that?
Paine/The contractor was at the building today and he's coming up with a very detailed
estimate I guess you'd call it and he said he'd have that in about a week and a half
for us and that's required to do an appraisal of the building also so.
Champion/Well you certainly have been looking for space for a long time.
Kanner/Why is this a good space?
Paine/This is a good space I believe because we always wanted to be in a near proximity
to the downtown to find space for sale in the downtown area is problematic, this is
close to where we are so the relocation would be fairly easy and people would
know, we could easily direct them where to go to get to our place. It's also right
on the INET which is the system that we can hook into to go live and do our cable
casting, to go away from the INET it's about a cost of $ 1 0,000 per mile so we
wanted to stay in a near proximity to the INET. It's also, when we're also looking
at possible resale value of the property because it is going to be, the downtown is
going to be moving south a little bit, I think it will be in a good area for resale if
that ever comes up. And the space fight now is fairly open and would take not too
much to get it remodeled into good working order for PATV.
Vanderhoef/So of the $100,000 are you taking new roof, are you talking new heating and
new ventilating systems, high ticket items or what?
Paine/We're having an inspection done this Thursday at 8:30 in the morning and so we
will know better what to think about as far as major systems and the roof and
things like that. So before any decision I imagine would be made by the Council
all of that would be in front of you, you would be able to see what the inspection
showed, you know what possible work would have to be done on the building and
what the appraisal of the building is, the current appraisal. I could get the
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contractor's estimates and exactly a blue print like the lay out of the space so you
could see kind of what we're looking at and the fact that the building's laid out
right now very nicely, the Dubuque Street entrance would be the Connor Center
and the Lafayette Street entrance which is it's like a split level building would be
the PATV and we did that because the higher ceilings downstairs and the studio
and that kind of thing so it's a nice split between the two organizations and.
Lehman/What is your rent where you are now?
Paine/The rent is approximately $1,200 a month.
Lehman/And what's the payment on the proposed mortgage?
Paine/We would probably pay about $1,000 a month and we're thinking of any excess of
what we would pay for the rent would go into a capital savings plan.
Champion/You'd pay a $1,000 a month but your depending on the rent from the Evert
Connor Center.
Paine/Right.
Champion/Now what if they decide not to go in there what's going to happen?
Paine/Well before we would be able to close on the building at all there would be a
contract in place a long term lease agreement with the Connor Center stipulating
what they would pay for the rent each month, what they would pay for property
taxes if they had to pay property taxes, what they would pay for utilities over and
above their commitment to the payment each month.
Vanderhoef/I'm having a little trouble, it appears from what I read in your memo that
you have already settled on a price for this building and you don't know whether
you need new roof, new heating and air conditioning and all these high ticket
items, I find that pretty incredible that you have gone that far in settling that and
with no contingency.
Paine/Oh there are.
Vanderhoef/Well contingency dollars.
O'Donnell/I'm sure that the offer is made subject to building inspection.
Vanderhoef/Well the building inspection yes but the dollars that have to come in.
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Dilkes/Typically purchase agreemems I don't know if yours is set up this way but they
have a contingency for an inspection which then based on the results of that
inspection you can.
Paine/Negotiate.
Dilkes/Get out of the agreement, renegotiate the price, etc.
Paine/Right so we're not locked into that price, that's just kind of a jumping off place
and then based on the appraisal of the building, the inspection, things like that you
have negotiating tools.
Vanderhoef/I guess I want more information on a specific before I can move forward
with this at all.
Champion/Rene are you enthused about this space? I mean I know you've been looking
for space but now are you enthused about it?
Paine/I'm really enthused about it and let me tell you, I have looked at, I'm not sure how
many different spaces, and lots of times they're way out south of town, or they're
on the outskirts and the access wouldn't be that good for people and this is
exciting for us because it's near downtown, it's a workable space, it's I think
based on what I've talked to people about the prices is pretty reasonable and we
have made a lot of those considerations and are really excited about this space and
I can get you details like the inspection notes, and the appraisal notes, and the
contractors notes before you make any kind of definite decision but we need to I
guess know to keep going with our process.
Lehman/You know one of your commissioners I don't know if, was Terry at the meeting
today?
Paine/Yes.
Lehman/In a letter apparently to you to the Commission says and if you'd like to
comment on this I'd appreciate it. PATV seems poised to be an intensive debt
laid operation struggling to meet it's financial obligations with insufficient
reserves to sustain a successful operation. Obviously the reason that he voted, did
not vote for this be as a real concern.
Kanner/This is our comnaissioner not their Board of Directors.
Lehman/Right, but I mean obviously our concem, my concem as a Council person needs
to be that PATV is funded to a level that your able to do the kinds of things that
PATV should be able to do.
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Paine/Right.
Lehman/And I know that there have been some real severe constraints in the past and
there still is as to what your being able to do a lot of the things that you really
want to do. And Mr. Smith obviously feels that this would not improve your
financial situation, my concern has got to be how does this basically affect your
ability to do the kinds of things that you would like to do. If we're taking all the
money and using it to pay off a real estate note then the purpose of PATV is pretty
well defeated because if you can't function and be of value to the commtmity then
you are of no value.
Paine/Right, right.
Lehman/So I guess I really, that's the part, if you can show some sort of agreements with
Evert Connor and I also would love to see you work out, or see if it's possible to
work out an arrangement with them where they put some money into this project
so you don't have to put $85,000 into remodeling, let them come up say 40 of
that, and that' s just $40,000 more on the principle at the bank. Now that would
have to be I'm sure reflected in a smaller rent payment for them, but your equity
position would be much better in that property if you could do that.
Paine/Right.
Lehman/But I think I need to see that puts you in a better financial position than your in
right now.
Paine/And that' s one of the things that the Commission asked for is a detailed financial
analysis, I was just sitting out there before coming in here and I have our budget
that we're operating with from this year and I was projecting next year' s budget
which is what I have to do and what I've been doing for probably 8 or 9 years.
And I want to know that PATV has never gone in the red, we've always had a
can'y over from year to year. And I was just doing some figuring and I am
completely confident and I can definitely spell this out for all the council people
what our expenses are going to be. I think that even with having to property,
insurance and the utilities and things like garbage pick up and snow removal, a lot
of that we already pay for so it's already in place. I came up with a very I feel
very comfortable with just the figures I was able to come up with for a projected
cost for next year and I've talked to several people about utilities, like what
should I be thinking about utility wise. I talked to Casey Cook, and he helped me
sort of with a formula for operating costs, you know how you figure out what
your insurance is going to be, and your maintenance cost, you know a $1.00 a
square foot so you know we have to add $6,000 to our budget, how are we going
to do that? And I think I've been able to, I'll be able to show the Council that we
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can do that without a severe severely compromising what we're doing right now
and then still be in a building where we're putting that $62,000 whatever would
pay for the rest of this franchise instead of throwing it out the window for rent
payments putting it into equity payments for this building. Steven.
Kanner/I have a few questions for you and also perhaps for Dale. In the literature you
gave us in our packet you said that the bank loan was 7.95 percent for five years,
where the payment schedule was 25 years. Is that actually fixed for 25 years or is
it floating after 5 five years.
Paine/I talked to Tim Finer he's the Vice President of Hills Bank today about that and
first of all it doesn't have to remain a 25 year mortgage, we can bump that up, we
start out with a 25 year just to be sure we can make the monthly mortgage
payments but if we have reserve we can shorten that up to 15 years if we wanted
to so we can pay that off, the loan never leaves Iowa City so we can make
additional payments on the loan and not be penalized. But as far as the fixed rate
goes every year they adjust it and there's a two percent cap per year on the rate so
they do this because it's reflective of the economy over the lifetime of the
mortgage there' s no more than 6 percent increase or decrease to that fixed rate so
that' s pretty standard how they do that so in five years, and you just kind of set
that up as you go you can go to a five year or an annual type of.
Lehman/It's fixed for five at the end of five it can be adjusted but no more than 2
percent.
Paine/Right, it can go down or up but no more than 2 percent and then it's locked in for
another five years or whatever. And the cap is 6 percent over the lifetime of the
mortgage.
Kanner/And Dale at the Commission meeting I remember going to there was talk of
interest on we're taking money from our reserves $125,000 and we're going to get
paid back $25,000 a year by the pass through funds essentially.
Helling/Well actually we, in looking at the fund, I think a couple of things have
happened, number one the revenue from the pass through money is consistently
been not way above but somewhat above what we originally projected and in
addition to that because of the delay in start up and some turnover in the
commtmity program office we've determined that there is sufficient reserve right
now to pay that in cash without doing intemal loan so that's the good news there,
we have the cash in the reserve now and fund balance in that particular fund to up
front that $125,000.
Kanner/So that means we wouldn't have to expect interest rate. Okay.
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Helling/Right.
Kanner/And also it seems that in my mind there should be some comparison between
Channel 4, our Channel, and channel 2 even though it is our intemal department
to some extent my understanding is we treat that maybe like all departments
separately, with separate budget and there was apparently equity built up in their
space that they were at. And so how does Channel 2 with their proposals compare
with Channel 4 and what they received?
Helling/From this particular fund which for the past year we originally advised and I
think the Commission and the Council agreed to set aside $25,000 a year for 10
years which is $250,000. The funding for the cable division out of this fund was
$125,000 so that would be equal. The other funding came from some money that
the cable company paid to the City when we renewed the franchise, it came from
money out of the franchise fee that was put in equity for the space upstairs, it was
sold back to the city, and it also came from the rather large portion came from the
cable division's reserve which is basically franchise fee money.
Kanner/So there's talk here about PATV having required equity but it seems we do not
quite require the same thing or they had a different source of money, we had a
different source of money for Channel 4 for the City channel.
Helling/Clearly a different source of money yes.
Kanner/So it's not, so I think the question is perhaps not so much equity but whether the
budget is something that's feasible, I don't think we have to look at Channel 4,
Channel 2 and say PATV and say do they have the equity, they clearly didn't have
the resoumes I think that our City Channel in many ways. The question in my
mind is do they present a budget that works, a payment schedule that works, I
think there's some good questions that were brought up. But initially it looks
pretty good, the bank loan seems to be quite sizable and they're willing to give
that mortgage Hills Bank. The other question is ifEvert Connor isn't given the
option to rent to own are they still willing to do the same deal?
Paine/That's something I need to find out because that was discussed tonight at the
commission meeting and they sort of said at the commission meeting that that
wasn't a scenario they wanted to really have to work with the rent to own.
Lehman/The other thing I think you should probably at least visit with them about
obviously we want a long term lease, a lease that will hopefully correspond with
the length of the loan at the bank. If this balloon clause on the mortgage is due is
it what 7 years, 5 years?
Paine/If the, I'm sorry what?
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Lehman/You have a guaranteed for 5 years.
Paine/Fixed rate, right, right 5 years.
Lehman/Then I would think it would be advantageous to you to have their lease
payments also be adjusted at the to correspond with the rate your having to pay at
the bank so if your interest rate goes up by two percent which happens to be an
increase of about over 20 percent in actual cost of your money would go up 20
percent or more that they would have a corresponding increase in their rent to help
you make your payments, a total of 6 percent would absolutely devastate PATV,
you'd be out of business, I know that sounds, and the chances of that, well I don't
know the chances of that back in the 80' s the interest rates got up to 21 percent so
it certainly is within the realm of possibility that that rate could go from 7.85 to
13.85, I don't think that anyway in the world at 13.85 you could still fly with that
but that is a possibility, if you have an escalation clause with your tenant to help
absorb that it would certainly make your life a lot simpler. I think there' s a lot of
numbers that we need and for my personal perspective whether or not I would
support it is going to be would depend on how those numbers come out.
Kanner/A final question for me, could you articulate the benefits, the actual benefits to
the community would be besides a new building, what other things will the
community benefit from this move as opposed to staying where your at?
Paine/Well I think there are a number of different things, the increased space will allow
us to do a lot more as far as larger groups, we've had some groups of kids come
through, PATV and they literally fill up the space, I mean from front to back and
so what I would like to do is more children oriented activities where classes come
in and do workshops in production and things like that, this would accommodate
larger groups, larger workshops, we've had workshops where we've had 35
people going through the guidelines and we can't find enough chairs and it's hard
to have a workshop session like that. Also we'd like to do more cable radio, I
know the government access radio is going to have a low power radio station but
we'd like to do radio over the cable and we could set up a small operation to do
that to expand sort of the possibilities there for people who don't like to be on
video but would still like to come on and be part of the cable access operation.
And it just, right now if you've been over to the access center you can see how
people are sort of working on top of each other and this would be a nice way to
separate out the space a little bit and give people an opportunity to work in a little
more comfortable environment and just hopefully do more things so we're really
looking forward to the possibilities. And then also if we have the long term tenant
you know and it is a long term tenant agreement if at the end of how many years
PATV is ready to grow into that space that would be a possibility also so you
know it's right there for us.
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Lehman/Well it looks like you have some work to do.
Paine/I have some work to do.
Lehman/Yea I mean I think the estimates from the contractors and obviously Eleanor
your exactly right if the thing is in maj or roof problems or air conditioning the
pumhase price can be obviously adjusted to that or withdrawn an offer withdrawn,
but I think we need that, I also think Dale I would like in the agreement that we
have that would need to be approved by the city, I think needs to protect the
interest of the city as well.
Helling/Oh absolutely.
Lehman/I mean this is public money.
Helling/Right, just to let you know where we are the reason we're here is because the
contingency in the purchase agreement is a deadline of the 20th for approval of
financing, this is not going to get any firm commitment from the city and I think
PATV knows that they're going to have to try to get some sort of extension on
that or risk the possibility of losing this to another buyer, I think that's just the
way it is that time frames won't allow it but we will work as quickly as we can to
do the city part of the city agreement but can certainly contingent upon these
things that the Commission has laid out as well.
Champion/I would think they would be willing to extend that deadline for you, that's a
pretty quick deadline.
Paine/Yea I'm going to talk to them and get that pushed back and get this information to
you as soon as I possibly can so we can figure out what to do.
O'Donnell/And Emie I think there are ways to address some of your questions ones the
triple net lease where they cover expenses and I would think we assume with any
long term lease there's the clauses.
Lehman/Escalation factor.
O'DonneI1/Has an increased on a yearly basis, it's not going to be the same rent.
Lehman/Taxes, CPI index, to cover the cost of increased cost of financing and this sort
of thing, insurance.
Kanner/So we're asking to bring back some financial information to clarify things and
are we talking at our next meeting to discuss this? Possibly have.
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Lehman/I would think so if we have the information.
Kanner/Beginning of the city agreement that we're looking for July 31, July 30th
meeting.
Helling/I think we can probably from the city's standpoint we can probably do pretty
well in putting that together between now and then however the other parts of the
contingency or the agreement with the tenant or the prospective tenant as well as
the financial analysis will have to come fTom PATV.
Paine/Right.
Kanner/So it looks like then possibly July 30th we could talk about this again with some
more information.
Helling/Possibly.
Lehman/Who will representing PATV? What will, City Attomey's office represent
PATV? You will have an attorney I.
Paine/Yea we have our own attomey.
Dilkes/They have their own attorney.
Lehman/You will have taken care of the leases and this sort of thing.
Paine/Right.
Lehman/Okay. Any other questions for Rene.
Paine/Thanks, thanks for your consideration.
Lehman/Good luck.
Council Time
O'Donnell/We had a great 7th of July, does anybody have any idea how many people
were at City Park?
Wilburn/There were a lot.
O'Donnell/You know I've gone to fireworks for years and years and I've never seen a
crowd like. It was incredible all day long.
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Wilburn/That was all day long but it really picked up after 5:00 and.
Lehman/Nice cool day.
Champion/Was the busiest spot the swimming pool?
O'Donnell/It really would be neat to have some sort of estimate of the number of people
though because that was so well attended.
Lehman/We'll ask you tomorrow night.
O'Donnell/Would you look that up Ross?
Wilburn/All right I'll work on that.
Kanner/(can't hear).
Wilburn/I have a mental picture I'11.
Pfab/Digitalize it.
Lehman/Okay.
Kanner/At 5:00 there were 3,143 people when I was there.
Lehman/They were on the bridge.
O'Donnell/I question that count, I had slightly more when I went by.
Kanner/What time?
O'Donnell/3:47.
Lehman/All right, all right.
Kanner/I had something, I'm going to be doing my annual tour of city departments and
facilities and Lisa's helping set that up for me and I'm just putting out an invite if
anyone would like to join me over the next few Monday and Friday's, I'll be
going to different departments and different facilities and.
(END OF 01-68 SIDE TWO)
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Kanner/Next Monday it's going to be taking place mostly here in the different
departnaents.
Vanderhoef/I guess I'm curious are we going to do a City Council one like we did last
year?
Atkins/I was thinking about it in the fall.
Kanner/Oh Parks & Rec.
Atkins/Yea, the Parks and Rec. tour, I can't, is usually in the fall isn't it?
Vanderhoef/They're going to do it in September Terry told me today.
Atkins/Dee usually I'll schedule those if there's interest, if you want to think about one
in the fall we're put it together.
Lehman/Put one together.
VanderhoefJ I think so, was it last year that we did the water plant, or the sewer plant.
Champion/Sewer plant and water plant, that was interesting.
Atkins/It might not be a bad idea for Council candidate also, load the bus up.
O'Dormell/I don't think we've got a big enough bus.
Atkins/I can't help you on that but the point.
Lehman/Well take two buses.
Atkins/I found that Council candidates really appreciate that the workbook we put
together and we have the (can't hear) session and it kind of gives them some
instant knowledge on the thing. Sure we'll put something together.
Vanderhoef/I think that' s the way to go and then have these folks ready for us and their
memo's and you know if they want to send a memo for us to look at before we go
out so we have some information and then we can ask the question if the
information isn't there.
Atkin~ Why don't we say let's plan on something in September and we'll start putting it
together, and that' s for everybody.
Vanderhoef/I think that would be wonderful.
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Atkins/We'll take care of that.
Kanner/And if you want the preview hook up with me on my tour.
Vanderhoef/Well I'm not available, but thank you for the invitation.
Pfab/I just wanted to make a comment, I went over to the other side of Weber School and
I saw where the school crossing is almost completed everything but the sign
you've got some very happy neighbors over there.
Atkins/Very good.
Lehman/1 have one thing I'd like to bring up, go ahead Dee.
Vanderhoef/As you folks know off and on over the last four years, five years, almost six
years, I've been bringing it up about our storm water utility and I would like very
much to this whole discussion and like to have an idea of where we're going
before we go into budget session in January. I think we're just prolonging our
own agony by not getting this put together and I wonder if anyone else is as
anxious as I am to get this one going.
Champion/I think we have enough agony.
Lehman/Well Steve where's public works on this? I mean we know something's coming
up.
Atkins/We have a variety of administrative, legal and technical questions that are not
answered it. And I promised Dee that I would have this dealt with by the end of
the summer.
Lehman/This is the sort of thing that we're (can't hear).
Atkins/Oh yea, Dee's, she's on point.
Vanderhoef/The (can't hear) lines are here and we know what we have to do.
Atkins/Yea the GIS component is, we're moving through that but.
Lehman/So we are working on it.
Atkins/Yea.
Vanderhoef/We're sort of but.
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Atkins/Dee's right.
Vanderhoef/I want to get it set up.
Wilburn/Before (can't hear).
Vanderhoef/By the time we hit capital improvement plan every time we look at it and we
know we're doing a lot of these projects and it's just draining us.
Atkins/We'll discuss it while we're on the tour how' s that.
Vanderhoef/Okay.
Atkins/No, I will have something prepared for you.
(All talking)
Kanner/We can talk about the Cincinnati Reds.
Arkins/We can do that too.
Pfab/Do like they do in Chicago find a garden on top of City Hall.
Atkins/Do what?
Lehman/It's probably not good for the roof.
Pfab/Find a garden on top of City Hall.
Lehinan/You know tonight we had a special Council Meeting at the start oftonight's
work session to deal with the PCRB because that needs to be you know taken care
of, and we did that rather than having one of two things either a special meeting at
a non Council meeting night or expediting the item which I know Steven you
really do not like to expedite. I would like some idea from Council, I would like
in the future when we have expedited items that do not appear to be controversial,
not within ourselves because a lot of things are controversial here, but if we have
items that we have expedited a number of items this year and I know that Steve
you prefer that we don't, I would like your permission to handle those at the
beginning of a work session in a form of a special meeting so we don't have to
expedite, we can go ahead and vote on Monday and have the the next
consideration on the following night.
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Pfab/I think, if, maybe it's the lesser of some evils, but I also think our staff and what not
need to try to plan ahead so we don't get into that comer.
Lehman/I think that, I think we obviously try to do that anyway.
Pfab/Right and I mean but we may have to put a little more effort on it but at the same
time this is the lesser of some.
Lehman/Well I think generally it's not a staff problem, it's a problem with whoever is
we're dealing with weather concerns and whatever, but if that is acceptable to
Council I think it would make.
Champion/Good idea.
Lehman/A lot simpler for staff.
O'Donnell/I thought we gave an opportunity for everybody to speak on every issue Emie
that would eliminate that possibility.
Lehman/No special meeting anybody can speak, it's a regular meeting.
Kanner/Yea, and I wanted to comment on that, we had a comment from one of the staff
people a few weeks ago saying that they didn't let people know that they could
speak at any issue necessarily, and our tradition has been to let anyone speak on
any item on the agenda and so this would include Monday. So my point would be
that perhaps we need to pass a resolution of sorts saying that this is our intent that
anyone can speak on any of these items as long as it's an agenda item.
Lehmanfl don't know that we need a resolution to do that do we?
Pfab/Maybe.
Lehman/Just a minute, Eleanor.
Dilkes/The thing a resolution would do is make it clear what the role is, I mean I think as
Marian I haven't been here through as many Mayor's as she has but that changes
with Mayor and so.
Lehman/Yea I didn't chastise.
Dilkes/I don't think we care, we just want to know what to tell people and be accurate.
Because if we tell people no you have to have the permission of the Mayor to
speak to Council and they choose not to go through that and so they don't come
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and then somebody else gets up and I mean it's just, it's an awkward position for
us to be in.
Lehman/Yea it is although I think any item that we would have scheduled to deal with on
a Monday night the people associated with that item would have (can't hear)
would know that we have a reading that night.
Pfab/That they'd have, the public would have a chance to speak.
Lehman/Yea.
Dilkes/Well that's just, in terms of putting something on a Monday night, that's not
really the issue, the issue is when you have a formal meeting, what's the role
about speaking if it's not a public hearing?
Lehman/Well I don't know that we're dealing with that.
Kanner/This would just, but this is in regards to that, this would just formalize that and
let people know even if we're doing it on a Monday night if it's a formal meeting
you have an opportunity to come and speak which a lot of people don't realize
that and staff as Eleanor was saying, staff is not quite sure which direction to go.
Lehman/Well no that's not true, I think staff has known that ever since I've been Mayor
that the public is allowed to speak on any agenda item and any meeting that I've
ever presided at.
Kanner/Well we heard from Jeff that he's not necessarily saying that.
Karr/Yea it's not, that is not, for instance ifI could use another example, when you have
a public heating on an ordinance and that public hearing is closed, the schedule
then for first consideration and we get a number of phone calls, our response is the
public hearing was held last week, the public hearing is closed, and it's at the
discretion of the Mayor and Council whether your allowed to speak. We do not
say traditionally this Council let's you speak. Now if you would like all of staffto
give that message that's a very different message especially in light of public
hearing, and I think that' s many of the items being discussed, that is the subject.
So it isn't just the matter of the special meeting on Monday night, it's your
procedure at formal meetings and allowing people, I think that' s what Eleanor is,
yea.
Lehman/I hear what Eleanor is saying and that, and I don't, that may be a discussion for
another time but my concem now is if the Council is comfortable with having
those expedited that staff or whatever would like expedited that do not appear,
and by the way at any of those items any item can be deferred. We can have it at
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a special meeting and vote to defer it, we don't have to consider it at any time, we
never have to vote on an ordinance at any.
Champion/Well I'm going to support it Ernie because I think the way our erratic
meetings are in the summer that if you, I can see where you have morn expedited.
Vanderhoef/Expedited.
Champion/Expedited.
Lehman/More Expeditions, well if that' s.
Champion/We may go a month or (can't hear) meeting and that's not fair to people who
are trying to get dirt dug and foundations (can't hear).
Lehman/Well and I would not put those on meetings, if there is contro. for example
Arbor Hill, I would never, that' s one there's (can't hear), that's one that would not
be expedited because there is concem among us and that I think takes three
readings, but the ones that we've asked to expedite, I do not believe there's a
single one that's has been the subject of any public controversy. But I think it
would make life simpler for us and I think, I would think you would be more
comfortable with that Steven. All right that's what I will do.
Vanderhoef/I'm comfortable because we get everybody here for these meetings.
Lehman/One at a time, Irvin.
Pfab/That's neutral, if at this special meeting if the public knows that they can come and
speak that' s fine, unless we make an effort to publicize that and tell the staff and
tell the City Clerk, the City Attorney that yes they will have a chance to speak at
that, then I'm for it otherwise I'm not.
Lehman/Well I think it would be advertised as any other, it is a special formal meeting, it
requires the same notice whatever as any other formal meeting.
Pfab/And the same, the chance for the.
Dilkes/And our, at least my office and Marian's office will continue to say what we have
always said as Marjan stated just now unless you all tell us differently.
Lehman/Well I'm just talking about expedited items now.
Dilkes/I know but in terms of the public comments.
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Lehman/Any other Council items? It's time, it's 9:15, see you tomorrow night.
O'Dounell/It sure is.
Adjourned 9:15 PM
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