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HomeMy WebLinkAbout2009-12-14 Transcription#2 Page 1 ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Horace Mann Elementary Bailey: Will the students from my neighborhood school, Horace Mann Elementary, please come forward. I can't tell you how excited I am that we have students from Horace Mann here tonight, and we really love this part of our...of our Council meetings, and are looking forward to hearing what you have to say. So I'm going to just pass the microphone to you. You going to start? No? You want to start? (laughter) Cody: Hello. My name is Isabel Cody and I am a sixth grader at Horace Mann Elementary School in Mrs. Mulligan's class. I have gone to Mann for seven years and am happy to be representing it. Related to school, I am a member of our school's elementary advanced band. My band teacher and conductor is Mrs. Smith. I play the French horn and I'm the only French horn in our band. I am also a member of student council and in it I am the president. Out of school, I am a competitive ice skater and a member of the Hawkeye Figure Skating club at Coral Ridge Ice Arena where I take lessons twice a week. In my free time, I like to read, draw, and write poetry and stories. I also like going to the movies and playing with neighborhood friends. I have lived here for quite a while so I know quite a few people. I also like to sew and I love hamsters. Concerning my schooling, when I graduate from high school I would like to study abroad in Japan and become a chemist, vet, or food engineer. Finally, I would like to thank my classmates for voting me to where I am now. I would also like to give thanks for my teachers, friends, and family for being there and here. Thank you Horace Mann, and thank you to everyone who's listening. (applause) Murra: Hello. I'm Alex Murra and I'd like to tell you about all my experiences. One of the things that really started everything was music. My first instrument was the piano, then came the cello, and finally the clarinet. All of them I still play to this day, but my most memorable is the piano. Right now I do elementary orchestra and band. When I was in second grade I was in an acting group at the Library called "Kid Spectacular." Eventually I had to stop because of my orchestra practice, but I still wanted to help out at the Library so I started doing youth volunteering. I've tried to grasp almost anything my school can give me. For example, I do safety patrol, chess and checkers club, and I used to do Girl Scouts. In third and fifth grade I was in student council for two years. During that time I learned about team work and group cooperation. Through my elementary years I've tried out for many sports, which were swimming, tennis, basketball, volleyball, and soccer. In the end I chose soccer and volleyball because I enjoyed them the most. All of these taught me how to lead and to follow, and taught me social skills. I'd like to thank my classmates for choosing me for this opportunity. (applause) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #2 Page 2 Cornell: Hi, I'm Laura Cornell. I am in sixth grade at...in Miss Taylor's class. I would like to thank my classmates for choosing me for this award. Some things I enjoy in my free time are reading, writing fiction, sewing, playing violin and piano, acting, and taking care of my chickens and cat. At school I am involved with the debate unit and making a puppet show. My teachers, Mrs. Taylor and Mrs. Hayes, have helped me challenge myself to do a lot of cool projects and make school fun. I moved from Eugene, Oregon in 2001. I have lived in Iowa City since then with my mom, Suzan...my mom, Suzanna, my dad, Rob, and my brother Paul. (applause) Bailey: You are a talented group, and a very busy group of people (laughter). Thank you very much for sharing those, uh, statements with us, and I'll read you your certificate. Of course they all have your own name on them. For her outstanding qualities of leadership within Horace Mann Elementary, as well as the community, and for her sense of responsibility and helpfulness to others, we recognize you as an outstanding student citizen. Your community is proud of you. And this is presented by the Iowa City City Council. (away from mic) Thank you very much (applause). Wright: Horace Mann School rocks! (laughter) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #3 Page 3 ITEM 3. SPECIAL PRESENTATION. MidAmerican Security Lighting Program -Motion Detection Adaptor Funds Bailey: Okay, we have a special presentation and I think Michelle and Marcia are going to join me up here for this MidAmerican presentation. Payne: Hello, my name is Michelle. I am the MidAmerican Energy Company community contact person for the City of Iowa City. Tonight I'm here to present a check to Mayor Bailey, the City Council, and Marcia Bollinger for...who is the Neighborhood Services Coordinator for the City of Iowa City. This check is for MidAmerican's community contact grant program. MidAmerican's program provides funds on a yearly basis to help support a community program that benefits the people of Iowa City. Marcia can provide some specifics regarding this year's program. (away from mic) Bollinger: Um, just as a little summary of this, uh, project that we came up with, um, as Neighborhood Services Coordinator I've had many people express interest in wanting, um, some additional security lighting in their neighborhood, and often times we can't do that as part of our standard street lighting, uh, program, so this is an alternative where folks who, and it's primarily focused in the neighborhoods on the southeast side, um, of Iowa City, they can go purchase a...an adaptor, um, motion detector, security light set up at Ace Hardware for $5.00, because we've discounted the price by matching the City funds with the MidAmerican funds, and um, after those were installed then those will come on when there's motion, um, out in various areas (mumbled) backyards, front yards, um, wherever they feel like it's...it needs some extra lighting. Bailey: Thank you very much (away from mic) (applause) very much appreciate your support. Okay, continuing in the spirit of special presentations, um, two of our Members are experiencing their last meeting with us tonight, and I'd like to take some time to thank you for your service, Amy and Mike. We appreciate it...on behalf of the community we appreciate your service to the Council, and we have a little token of, um, our appreciation for each of you. Um, so these are prints...Marcia Wegman prints. And, um, on the back you'll also have a certificate to get these framed. We have, you know, an expectation that you can frame them in a way that will work for your community. So, um, thank you so much. We're going to miss working with you (several talking) O'Donnell: Well, thank you! (applause) Champion: Amy's only been on for four years, and she gets the same picture, and Michael's been on for 12! O'Donnell: Doesn't seem right! (laughter) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #3 Page 4 Wright: You want a bigger one! O'Donnell: I want a bigger and framed! No I'm...(laughter) Bailey: Make the meeting run especially long for your last meeting tonight, Mike. I know you'd like that. O'Donnell: Please do! (laughter) Wright: We could arrange that! This represents only a reasonably accurate transcription of the special format Iowa Lacy City Council meeting of December 14, 2009. #5 Page 5 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Bailey: This is a time for those of you who are in the audience, um, to address Council for...on items that are not on tonight's agenda. If you wish to speak to Council, approach the podium, state your name for the record, and please limit your comments to five minutes or less. Haught: Good evening. My name is Russell Haught. I live on Westbury Court, Olde Towne Village. I spoke to a lot of you folks about the lots 21 through 24. Bailey: Russell, this is on the agenda. So... Haught: No, this is a separate point. Bailey: Oh, okay. Haught: Uh... Bailey: Thank you. Champion: I thought it was the same one too. Bailey: All right, I apologize. Haught: Oh, that's fine. Wright: We've got another item for your neighborhood tonight. Haught: Pardon me? Wright: There's another item for your neighborhood tonight too. Haught: We're quite popular tonight. Um, it came to my attention in the latter part of November of 08 that the properties 21 through 24 were purchased by the Housing Fellowship. The properties were previously owned by Larry Lee Construction and he sold those properties simply because, as he told me, he couldn't build on 'em. Um, my concern is first of all the Housing Fellowship, which owns approximately 113 rental properties in this town, uh, they are the landlords of these properties and these landlords pay only basically about 25% of the normal property taxes that I pay...on my property. This comes from the Assessor's Office. And, uh, a property on Coneflower, which is owned by these people, they pay $SOO...the investors pay $500 a year. I was told by the Assessor's Office if I were to own this property, I would pay $2,000. So simple math if, uh, if you take 113 properties, $1,000 each saving...that's over $100,000 a year just in property This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #5 Page 6 taxes. The City of Iowa City, the Housing Authority, you have 80 properties and they pay no taxes at all. And in this time where we have budget cuts, we're looking for police protection and fire protection, uh, staffing, so on and so forth, uh, I just find it...I don't mind helping people, but we're getting to a point where we might be maxing out this thing, and uh, the other problem is, this hill is very unstable, um, that's the main reason Larry didn't build on it. Talking to the architect, they're going to put a lot of drainage the in. They're going to put in three huge retaining walls. Each one of these properties, the dwelling's going to cost $202,000. That's without the price of the lot. The lot...each lot is $35,000. So before they even dig into this project, they've got $948,000 of tax money wrapped up in this thing. And...I don't know, talking to people I've heard anywhere from $300,000, $400,000 for retaining walls, uh, from other contractors. That seems like an awful lot of money to invest in each property that are going to be low-income rental properties and (mumbled). Looking at this, I know one of the mission statements by, um, Marianne Dennis was, she wanted to concentrate more on low-income rental housing, more low-income rental housing than owner-occupied. I think there's a, um, huge discretion when you say affordable housing and then you mean low-income rental housing. I think it needs to be defined better, um, I know that, uh, that according to HUD if any...any of these, any Community Block Grant Funds are used in a project like this, there's supposed to be citizen participation. Nobody...nobody in our area, business or residential, were aware of this project. To have any input, or to voice our concerns, like I am, and uh, now it's too late from what I understand, and I have to get a lawyer to protect my dwelling, in case there's damage. My...my concern is, there is an in-ground stream in this hill. I've been told that by the City. I've been told that by the architect. If they change the flow of this hill, or this stream, in this hill, by tearing it down, putting in drainage tile, putting in retaining walls, I'm afraid of the consequences of my foundation. I never had a chance to express this, and I don't know what's going to happen in the future. Uh, I have a hundred tons of rock holding back my hill alone, and when they built my house, uh, they couldn't keep the west wall up because there was so much water in the ground, it was draining from this hill. So I think in the future, uh, any areas or neighborhoods that you plan to put these projects in, I think it would be wise to not rely on the newspaper to put an article in the newspaper. Not everybody gets the Press-Citizen, not everybody takes the Internet. I think ifd be wise to send out mailings to...at a, for people within a thousand feet, five hundred feet, that's for you to decide. So people can have input, and maybe something like this with my property can be avoided in the future. Okay. Bailey: Thank you. Anyone else wishing to address Council on community comment? Okay, we'll move along to Planning and Zoning matters. This represents only a reasonably accurate transcription of the special formal Iowa t.iry City Council meeting of December 14, 2009. #6 ITEM 6. PLANNING AND ZONING MATTERS. Page 7 a) AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-0010) 1. PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) Public hearing is open. Davidson: Good evening, Madame Mayor and Members of the City Council. Item a under your Planning and Zoning agenda this evening is a request by Allen Homes Inc. of Iowa City, Iowa, uh, they have requested a rezoning action to amend the existing OPD plan for Olde Towne Village to add five additional townhouse style units to lot 1 of the previously approved OPD-8 plan. Uh, we also want you to know that a protest petition has been received and validated, and incidentally it has been validated with a person who initially signed it requesting to be taken off the protest petition. It has since been revalidated, um, so uh, this will require a 6 of 7 vote for you to approve this item. Uh, the location of the property is on Westbury Drive, uh, you see the location map there. It is slightly under a half acre in size. Uh, and is currently zoned OPDH-8. Um, the original Olde Towne Village OPD plan was approved in 2005, and you see the basic layout here. It doesn't quite show all of the property up to Scott Boulevard, but just about. Uh, the total area's approximately 21 acres, uh, with 62 dwelling units. A combination of zero-lot line duplex townhouse, uh, and detached single-family units, uh, development that I think very successfully, uh, integrates a variety of housing types. Uh, much of which is already built out. It is not completely built out yet, but much of it is built out, and it also then includes a, uh, the northern area includes a commercial area, which is also partially, uh, built out. The, uh, proposed amendment, what the applicant is proposing to do is add five additional... five additional townhouse units. I'm going to bring the mouse over here. Uh, you see here Westbury Drive again...and what is proposed is this area right here, and I have some photographs of it which I'll show you in just a second, is currently open space. Privately held open space, and I'll elaborate a little bit on that in a bit. Uh, lot 1 as originally platted included 15 townhouse units. I believe this is a four-plex, four-plex, this is a three-plex and then afour-plex here, and so you can see there are five units proposed to be added, uh, to that area. Uh, the applicant has indicated that they have used the good neighbor policy. They haven't told us anything about the details of that. If you have any questions about that, I would, uh, encourage you to ask the applicant's representative who is present this evening. Um, what the developer is proposing in return for, uh, approval of the, uh, five additional units is to enhance an additional open space that is part of lot 1, located right here, uh, to enhance that with a, uh, a shelter This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 8 area, a grill area, basically make it...right now it's just a bare open space and it would be enhanced with some amenities, uh, and again, it is privately held open space, so it'd be available to the condominium association. It would not be a public park. Um, a couple of things with respect to the Comprehensive Plan and the neighborhood...overall neighborhood compatibility of this request, uh, the Northeast District Plan which is the Comprehensive Plan guidance for this area designates, uh, this corner, uh, of Iowa City...corner of Scott Boulevard and uh, Rochester Avenue is appropriate for mixed-use type development, involving both commercial and residential uses, and a variety of residential uses, so in that respect we feel this continues the existing pattern, which is, uh, consistent with the Comprehensive Plan. Um, one thing that is different about the five proposed units from the existing units, the proposed townhouses are of a similar, uh, style and quality as the existing townhouses; however, the grade is different and so because of that, the rear balconies that are part of...the existing units here, get the mouse to work...the existing units here, uh, those are not available for the type of unit that's proposed, and so what the developer has agreed to is to enhance the front porches of these. They'll be larger and a little bit nicer than the front porches, uh, and I'll show you photographs of those in a second. Uh, in order to compensate for the lack of... of rear porches. So to conclude regarding the Comp Plan, we believe it is, uh, compatible, uh, and... and the couple of other things that...that we feel the proposal does, well, let's look at the photographs real quickly here. Uh, if I can just orient you...this area here is the open space where the, uh, five new units are proposed. This is the open space that would be enhanced with the, uh, pavilion, the shelter and the, uh, other things that were shown on that plan. Uh, these are the existing units that you can see, and you can see the...the rear balconies. Uh, shielding or screening the rear of these units from, uh, Westbury Drive is one of the things that we feel would be accomplished, uh, with the five additional units. Uh, that...that are proposed, and it's something that could be, uh, considered a positive aspect of this. Um, the other thing that this would do is...is add an additional five units that besides the tax base that would be added it would also create five units of additional support for the commercial area that's there. We're trying to encourage walkability, uh, to the commercial area and this would...this would be consistent with that, uh, plan as well. Uh, we do feel like, uh, the developer should be obligated to provide something in return and the notion of enhancing the commercial space, again, privately held open space, but again that that is, uh, a reasonable trade-off. Uh, certainly the concerns of the existing residents who live out here are valid. Uh, and I think you've seen some of that correspondence, both pro and con, uh, in your materials that you received, and I'm sure you'll hear some, uh, this evening as well, but I do want to encourage you that...that what the...the action that the developer is requesting is a legitimate action to request. It's...it's, uh, privately held open space that was not required in terms of parkland dedication for this, uh, development. The developer paid a fee in lieu, and so uh, this is not publicly held space, nor is it space that was required to be dedicated through the parkland dedication, uh, ordinance. Uh, there are some small variations from the Zoning This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 9 Code which obviously the planned development process is designed to accommodate those, some minor, uh, variations in minimum lot size, lot width, and side yard setback, and those have been...those are consistent with similar modifications that have been made, uh, throughout this development. Uh, in terms of traffic, uh, the...the private alley (mumbled). Okay, there's another view sort of down hill of the proposed lot, and this being the one that would be enhanced, down here, uh...there's the front of the units that...in this view, show the rear of the units. That's the front of those along Scott Boulevard. Um, I guess there's not a good picture...oh, there it is. Yeah, okay, there..the rear, this rear alley right here would also serve the five units, so we don't feel that there are any traffic issues. Um, so to conclude then, uh, and there was a 5 to 1 vote, uh, to recommend approval from the Planning and Zoning Commission. Uh, we do feel like that, uh, with the developer proposing to, uh, enhance the remaining open space that this is a reasonable, uh, request to, uh, allow the additional five townhouse style, uh, units. Do you have any questions for me before you continue the public hearing? Bailey: Any questions? Hayek: Are the units between the lot and Scott that you just depicted, those are part of the same condo owner's association? Davidson: Yes. Hayek: And they would have use of the enhanced... Davidson: Yes they would. Hayek: ...uh, green space. Bailey: Anything else? Davidson: Thank you. Bailey: Thank you. Others wishing to speak at the public hearing? Oh, yes, ex pane communications? Um... Champion: None. Bailey: Okay. None. Allen: Hi, I'm Jessie Allen of Allen Homes. I want to first off introduce myself to you guys and tell you kind of my involvement with Olde Towne Village, kind of what I've done there. I currently live in Olde Towne Village at 3704 Lower West Branch Road. I've been involved in the majority of the construction there. I built This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 10 13 single-family homes, uh, eight zero-lot line homes, the duplexes on Glastonbury, the two four-plexes and the three-plex there on Scott Boulevard. Basically, uh, total of 32 dwellings in Olde Towne Village. I'm pretty proud of what I've done. The project and all has been pretty successful. It's a great kind of small-town community feeling. All the neighbors are pretty talkative. It's a great place to live overall. Um, as a member of the homeowner's association, um, I also know a majority of the people that live in there as well. Um, I did use the good neighbor policy when we went about starting the project, but as coming in to lot 1 overall, I purchased the land from Larry Lee Construction, and he built the first townhouse that's directly across from, uh, Blackstone. So when I purchased it I had to do the condominium documents and uh, I had known that we could be further developed, of course, going through P&Z and uh, the City Council (mumbled) tonight. So there was a little bit of confusion with some of the, uh, neighbors there that had their homes built by Larry Lee with some of the stuff he might have told them. So I've spent the last couple weeks kind of talking to some of the people in the neighborhood, and that's of course why you see some of the petitions out there for and against and, it's rather confusing, I know, but uh, overall the project with the new building should be a great buffer, like he said, for the uh, buildings that are there as far as noise, traffic, I think it'd be a great idea to put the outdoor structure, um, Bob Miklo and myself kind of came up with the, uh, plan and we kind of played a little bit off of the one that's in Hickory Hill Park as kind of our motto of what it should look like in the end, which you know, turned out great and a lot of residents there use it as well so...um, is there any questions for me off-hand? Bailey: Any questions for the developer? Wilburn: Can you describe the...the meeting that you had as part of the good neighbor policy and any comments? Allen: Um, we sent a letter out there to all the people within 200 feet of the, uh, building, and we met and I think two people showed up, two of the neighbors. Um, and then once I found out kind of who was opposed was some of the feedback I got from other neighbors, I kind of went door to door and I've called everybody that's on the list, um, some people I didn't get a call back, so I called them back. I spent two hours with Ed and Melanie Foraker, um, in their personal home, I mean, he's the one that kind of started the petition and Larry Lee built his building, so I feel that I've really worked hard to earn the, uh, people's trust that I will do a great job building the building, and, you know, and finishing up the project that I kind of started in Olde Towne Village, um, pretty much anybody that I heard they was opposed I tried to do my best effort to talk to them and make sure they're aware of my intentions on the building, because I knew that it would directly, you know, impact or effect their life or their lifestyle. So but I mean I think it's...pretty easy to see that it should benefit the overall look of Olde Towne Village and definitely with, you know, the extra maintenance that it's going to need with all the stuff that This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 11 I did when I built the buildings on Scott. We put a lot of trees in. There's a lot of mulched areas, I mean, there's some nice features that really make...that I feel make the area look attractive when you drive by. I mean, I have a lot of, uh, like I said, a lot of pride, you know, because I live there too and I really care about what I do and who I work with and who does the work on my building. So...you know, it'd really be a great addition to Olde Towne Village. Bailey: Any other questions? Thank you. Allen: Thank you. Bailey: Anyone else wishing to speak at the public hearing? I know that we have quite a few, um, comments so if there's somebody who would like to address the Council, regarding their concerns about this, now's the time. Okay. Public, oh, thank you. Foraker: I'm Ed Foraker, um, Jessie mentioned me, and he spent time at my house, right up on Middlebury Road, 3527. Um, when we were considering buying there, we walked into a framed area, looked out the front, saw Blackstone Restaurant and thought that looks nice, you know, it was a little city touch, you know. Then we walked out the back and looked out our, uh, all-seasons room and saw that nice open area, have a grandchild, there's kids that play on it all the time, and we thought, 'Great, this is a great thing.' Talked with Larry Lee, uh, what's going to happen with that open area. Larry said, oh it's going to be open. Um, so we proceeded thinking that. We even talked with Larry about putting playground equipment there, playground structures. He thought that'd be a good idea. So, if you... if you look at all the petitioners, and it's signed the protest petition, they... all they had was information from the builders, and I know one of Jessie Allan's clients was told it was going to be open area. He told me that, um, so everybody that bought there, about a year ago, thought it was going to be open. Now I know legally that can be changed, but is it the right thing to do? That's...that's the question I'm raising tonight. Um, because (mumbled) whether or not intentionally deceived, that was the end result. Also there's some other things I'd like to call to your attention about the Zoning Commission, uh, the Vice-Chair, Elizabeth. Um, she voted against it for the reasons basically I've outlined. She thought that it was a little bit of deception, communication wasn't good, the signs went up and that's the first anybody in the neighborhood knew about it. There was no communication, until the signs went up and we started to talk about it then. Um, and those are the only documents we have, you know, uh, I know that they're not preventing this...this from happening. Uh, Board Members John Bursard and Tim Weitzel both said the same thing, and I quote you, they said, "We're conflicted." And what that means is they sensed the unfairness and the deception that we felt. Uh, and Wally, I can't pronounce his last name, but... Champion: Wally P. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 12 Foraker: Okay! Um, he...quote, he said he regretfully supports this. So what does that tell you? Again, we understand that these, uh, are not legal documents that...this is not City property, we understand that. The issue here is communication and deception, okay? Uh, and you know, not too many years ago you could smoke cigarettes everywhere. You know, now we've got a public law. They finally came around to doing the right thing, and banning smoking in public places, so I think you can see and think of many instances where something's done and it's legal, but it's not necessarily right. Um, and then parking. I don't know if anybody's aware...I know the City Planning; uh, office wasn't aware. They've closed off more parking since they closed off some parking. And now, the parking's closed off on the west side of Westbury, all the way down in front of this open area, so you cannot park in front of this proposed, these proposed five- plexes. You won't be able to park there. You won't be able to park in the alley because there'll be driveways backing up to the alley, so that takes away extra parking there. The parking limitations they first, uh, restrictions they first put there were good because we supported it. It was dangerous over at Blackstone. You couldn't, you know, maneuver very well. But now they're closing off more and more on-street parking. And so I think there is a parking issue. And as more successful businesses do open in that area, it's only going to be accentuated. Uh, two of the Planning and Zoning Commission Members thought afive-plex would improve the appearance of the area, and the petitioners strongly disagree with that. We think that an open area that's landscaped properly, that, uh, possibly has playground structures on it, will look great. Uh, the report that was given to the Planning and Zoning Commission that was the first gentleman that spoke, he talked about that. You know, the intended plan and use of that area. Um, I have some quotes from that, and um, one of the quotes pertaining to this piece of land we're talking about, green elements such as planted medians, landscaping and small neighborhood greens should be designed to soften the appearance of the streets, and enhance the quality of the neighborhood. Does...not this support an open area? Another quote taken from the same section says, other parks and neighborhood greens will be developed within three or four blocks of every residence. These areas will help to add visual interest in the neighborhood, and break up the street pattern as well as provide easily accessible open space for play areas. Again, which is indicated in this quote is an open area or a five-plea? Bailey: Ed, could you conclude your remarks, please. Foraker: About wrap it up? Bailey: Yes, please. Foraker: Okay, uh, okay, well, the logical conclusion, it revolves around the deception, uh, the parking issues, the, uh, the quotes I gave you, it's...to use this property the This represents only a reasonably accurate transcription of the special formal Iowa city City Council meeting of December 14, 2009. #6 Page 13 way it was intended to use at the beginning, and it's the right thing to do. Thank you very much. I don't know where to put my sticker. Bailey: Thank you. Should be a book to sign in. Anyone else wishing to speak at the public hearing? Haught: (away from mic) 50 years on me (mumbled) twice. Um, I know there's a parking issue... Bailey: I know you stated your name before. Haught: Russell Haught. Bailey: Thank you. Haught: I know there's a parking issue out there, um, coming off Scott Boulevard onto Middlebury there was a terrible parking issue because, um, people go to Blackstone, they park on both sides of the street, north and south. They even...they would turn the corner, around the corner from, uh, Ed's...Ed's corner on the lot there, that corner lot on, uh, Westbury Drive, and Middlebury, and they start parking down that west side. Uh, it got to a point you couldn't even come down Middlebury and turn down Westbury Drive and if there was an emergency vehicle, be a fire truck or something that had to get in there, or a ambulance, there's just no way, especially in the wintertime. Um, farther down where Jessie's property's at, where he's proposing his property, that no parking probably could be lifted. Uh, very rarely will anybody park down that far, even with the, uh, Blackstone parking. So, my whole point is, uh, Jessie bought this property with the idea he could build on it. It'd be no different than me, if I wanted to...if I could and wanted to add on to my property, or if you folks wanted to add on to your property, and somebody told you no. It's your property, you can do what you want, as long as it fits within the Planning and the Zoning, or whatever covenants you have. Jessie, this is his property. He spent money to develop it. I'm sure Jessie probably wouldn't have bought this property -maybe you would and maybe you wouldn't have - if he knew he couldn't develop this property. Um, so being it's his, and he has...and it's not a green space. I have a green space in front of my yard on Westbury Court, and we have a wetlands area that's, uh, catty-corner from this property Jessie wants to build on. So, there's plenty of green space, you know, uh, it's his property. Let him build on it. Bailey: Thank you. Musser: Good evening. Duane Musser with MMS Consultants. We were the consulting engineer for Jessie Allan on his project. Just one quick note I wanted to point out, um, we are proposing six guest overflow parking spaces as part of the improvements to that, um, to that open space. They're kind of hard to see, but This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 14 there are six parking places over there, along with...I don't know if you remember the elevations. Each unit does have atwo-car garage like the existing units, and each unit does have adequate driveway to place two cars on the driveway outside the garage, so I mean, I understand the concerns as far as the commercial use and the overflow parking, but as far as the parking requirements for our project, we do exceed the number per unit required. Bailey: Thank you. Musser: Thank you. Bailey: Anyone else wishing to speak at the public hearing? Pugh: Larry Pugh. I live at 321 Westbury Court. Uh, as Russ Haught said, uh, we do have a circle of, uh, which is green space around the court and across the street, uh, the wetlands area is a nice open area for us. So I support, uh, Jessie is an excellent builder and a good neighbor, and does his best to make it, uh, very good building. They're built right, on time, cleaned up, and uh, he's a good neighbor. Bailey: Thank you. Slager: Uh, hello, Adam Slager, I live on 3612 Glastonbury, which is right across from it, and I am all for it and I think it would look a lot better having the houses there instead of facing the garages, and we have three very big ponds in front of us, so I think that's also enough green space. Mulford: Hi, I'm Tyler Mulford. I live at 3610 Glastonbury. Uh, the whole side of my duplex, uh, I'm neighbors with him, uh, faces this whole property, uh, I think this would be a great, uh, for our neighborhood. I think it will look great. I trust Jessie on building a solid place, and I'm for it. Bailey: Thank you. Anyone else? Stacey: My name's Randy Stacey. I own, uh, 440, it's the one, uh, in the four-plex, uh, facing Scott Boulevard, uh, the far right unit. Um, I guess the only thing, if you...mine is an investment property, uh, I have it as a long-term rental property to subsidize my retirement. Uh, basically the concerns I guess that I have, um, you know, I think it's, you know, a great pre-planned neighborhood, uh, you know, when I bought that property, you know, I looked at it from what drives the rents, you know, the desirability to live there, you know. I look at it as if I was going to live there myself and that's what, you know, drives rents and drives desirability and the ability to get renters in there. So, when I talked with Jessie, um, you know, I basically asked him what was going there. He said that that was open space, um, you know, we even discussed, you know, my concern about how we were going to manage the garbage pickup in that area, because I really didn't This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 15 want a dumpster there. You know? And he said no, that's you know, he had to work something out with the City, but that we'd probably just pick up the individual totes so that we don't have anything. So, when I bought the property and talked specifically to Jessie, I was told that that was going to be open space. That there was no plan for anything there. So that, to me, is...is a problem. Um, it wouldn't be a problem, I guess, if I were to purchase the property or when somebody purchases the property, why didn't they rezone it right away? So that instead of selling the majority of the two properties across the front, that are the most drastically affected by that property, pre-selling all those first and then coming out and rezoning it and then the people that are in there, it affects your livelihood, cause now I'm going to be looking at an alley. Um, I do agree that Jessie, you know, talked with us about it, and those types of things, and uh, but that's my main concern, uh, is that I bought a property, I was under the understanding it was open, uh, I talked directly with the builder, um, I think it's a great neighborhood. I understand...I understand the look of the new building that would go across the street. I think that could enhance the look of that, um, I understand that. You don't want to look at the back of a bunch of, uh, you know, screened porches, but I honestly think that you could also put a really nice landscaping in there to where you could put some mature, you know, get some trees and once they start growing up and become more mature, it could be very beautiful out there...in that area, as well. So...I personally feel that, you know, if this thing was going to be rezoned and redone, it should have been done when the builder first, you know, took occupancy of it, and would have been more clear in that area for the people that are there now. So...thank you. Bailey: Thank you. Struve: Good evening, my name is Chad Struve. I live at 318 Westbury Drive, which would be to the upper right hand corner, just off screen. Um, I was actually the first person to build out in Olde Towne Village, uh, Jessie Allan did build my home, um, but uh, it's not a rental property. I do live in Olde Towne Village and uh, a couple of the main points I'd like to...to just point out is before this project I don't' think there was ever going to be, uh, excuse me, a developed park area. There...there may be open area, but it would have been effectively a weed patch. So, I think the, you know, with Jessie, uh, proposing the, uh, the little shelter area and the extra parking, the green land, right there, um, I think that's definitely going to enhance the community, uh, the other thing is when I...when I chose the lot in Olde Towne Village the plot that I recall seeing had the wetlands area, which would be directly behind my house, as well as the, uh, open space right across form Westbury Court, um, but I don't recall seeing anything that designated that as open area. So, um, I would definitely be in favor of having that developed, um, I think the buildings that Jessie puts up are very nice looking, and would uh, definitely enhance the area. Thank you. Bailey: Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 16 Thomas: Good evening, Blaine Thomas, um, I live in the neighborhood over there as well. I don't live in Olde Towne Village, I actually live across the highway from it. Uh, a lot of these people are my peers and my friends, but I come on a little bit...1 of course support the project, but I come from a little different aspect, um, and perception, uh, perspective, excuse me, more economic than anything else, and uh, I am sorry of the disagreement that has taken place between the neighbors, as I'm sure that all the neighbors could agree that they would rather not disagree. The commercial lots in Olde Towne Village, of which there's four of them, but you can't see them on this map, um, ever since the project was started continue to remain vacant. Finding money to borrow to build homes is very difficult, getting financial backers is challenging. Um, I'm sure you're aware of the statistics, but I'll just go ahead and point them out for you. Uh, in 2008 807 total permits were pulled for new construction. In 2009, to date, and I think we can agree that 2009's pretty close to over, 641 permits were pulled. That's a 20% decrease overall in the number of permits. Maybe we've all watched the news, right, we know the economy's a little rough in some spots, um, out of that 20% decrease, there was a 53% decrease in project valuation. So that 20% is certainly noticeable, but 53% in the project...values decreased is certainly significant. Jessie is a young man who can rally people to finance his projects, um, and when he does that he uses local suppliers and vendors, like myself, like Mulford Plumbing, um, I don't...Van Meter Elec...I don't, electrical, excuse me, um, Gilchrist-Jewel Lumber, I mean, the list goes on and on for the number of people that projects like this employ. Iowa City has avoided a catastrophe and economic downturn. I was in Chicago and I saw the number of people without jobs and the number of projects that had just been walked away from and bank closures and restaurant closures, and I thought, we are so blessed to be here in this town. I've been here my whole life. I thought about leaving. I stayed. And I'm really glad I did. The project that he's doing is beautiful. We need to move forward; please vote for this project. Thank you. Bailey: Thank you. Anyone else for the public hearing? Public hearing is closed. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Karr: Motion to accept correspondence. O'Donnell: So moved. Hayek: Second. Bailey: Moved by O'Donnell, seconded by Hayek, um, all those in favor say aye. Those opposed say nay. Motion carries. Somebody please move... This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 17 Wilburn: Move adoption of the ordinance. Champion: (laughter) Second. Bailey: Moved by Wilburn, seconded by Champion. Discussion? O'Donnell: You know, it... it's really unusual tonight to hear people stand up and support a builder. This, um, Jessie has evidently made the impression on not only the people that he purchases from, but people that purchase property from him. You don't hear that in Iowa City very often. Um, I've got to support this, and I really...I really hope the neighborhood can come together, because I, you know, this is approved by our Planning and Zoning, uh, Commission, as well as our staff, so, I will support it. Bailey: Further discussion? Champion: I'm going to support it also. I think it's going to improve the neighborhood, um, I think it's going to be a good addition in that particular area, and with the new park area (coughing, unable to hear) enhance the neighborhood. Sometimes we never really like building in our backyards, I mean, we've all protested at one time or another, but I think this is a really healthy project for the neighborhood, and I'm going to support it. Wright: Yeah, you brought up a good point, Connie, that neighborhoods change and...and we often don't like that, uh, you know, I know probably there are a number of us in this room that every so often look at their neighborhood and think, 'Oh geez, I hope nobody ever tears that house down and puts a duplex up there.' It's perfectly legal to do it, but you don't want it to happen, uh, and minds change and over time plans can change, and so I think this happened here. I doubt...from anything I've seen that there is any... organized attempt at deception. At the same time I can understand why people feel deceived when you heard one thing and something else is happening down the line. Uh, none the less, as I read through all the supporting documentation and looked at the (mumbled) Planning and Zoning, I think this does meet the Northeast District Plan's guidelines and it, um, certainly does fall within our zoning plan and the guidelines from the...the overlay. We generally have a goal to try and have, um, a certain amount of density in housing in Iowa City. This certainly meets that... and uh, I understand why some of the Planning and Zoning Commissioners voted regretfully in favor of this. I'm not going to say I vote regretfully for it, but I am going to support it. I think overall this is a good project. Hayek: Um, I'd echo Mike's comments. I understand the disappointment, you know, upon learning that this, uh, this empty lot is going to be developed, but the fact is that this is a new area, new residential area, there's considerable construction, both residential and commercially, and it is an area in flux, and um, I think there's got This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 18 to be some expectation that...that there will be construction projects in the vicinity of existing projects. Um, I cannot identify a sufficient public policy reason to oppose this, um, I...and I don't think disappointment...and Idon't mean to make light of the opposition, but...but broadly speaking, unhappiness and disappointment doesn't in and of itself, in my opinion, um, provide sufficient grounds to...to oppose this. Um, I...I think our job as a Council is to balance the interests of the community and to do what we think is in the best interest of the community, um, when it comes to decisions like this, and, um, this is a key commercial zone, um, we've seen some very promising development out there. We need to see more, and I believe that the residential aspect of this area will drive the commercial development. Um, and..and uh, so it's important in that respect. This is in-fill development, that is a goal of the City, uh, and I am pleased to see what I think is an adequate preservation of the remaining open space. So, I'll support it. Correia: (mumbled) to add, but I support what's been said and will support the rezoning. Wilburn: In my opinion, it's an appropriate in-fill development, um, we do have to balance, um, rights in several different cases, um, I guess the case where...of the owner does have, um, rights. Uh, it fits a goal within the, uh, City's in-fill development, uh, philosophy that Councils past have had. Um, and it's unfortunate that there's been some either miscommunication or misunderstanding, uh, whether intentional or not, uh, even...you know, sometimes plans can change. I don't know. We weren't part of that. I...I don't know about that, uh (mumbled) anyone opposed has had, um, you know, our...our procedures have gotten to the point where you...you did have input there. You've had input here, um, I guess (mumbled) reasonable people are going to, uh, disagree, uh, but I think this is a, uh, appropriate in-fill development project. Bailey: I think as Mike Wright said, I think change is really hard, particularly when it's literally in our own backyards, and um, this is a developing area. I...I fully expect to hear people, um, concerned once the commercial lots fill up on Middlebury, even though that's expected and planned, because people don't like to see change around their homes, and um, I think this will be a lovely addition to this area. I'm quite familiar with this area, um, I think it will be a vast improvement of what is there now, and uh, so I'm going to be supportive of this. Roll call. First consideration passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 ITEM 6. PLANNING AND ZONING MATTERS. Page 19 b) APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA, INCLUDING WAL-MART AT 855, 911 & 1001 HIGHWAY 1 WEST (REZ-9-00008). 1. PUBLIC HEARING (CONT'D FROM 12/1) Bailey: This is a public hearing continued from 12/1. Public hearing is open. (bangs gavel) Davidson: Thank you, Madame Mayor. Uh, we had extensive discussion of this item at your last meeting. Uh, the one issue that was not resolved was the issue of the access easement in front of the Wal-Mart, uh, the proposed Wal-Mart. Uh, a majority of Council did indicate that they felt, uh, that that should occur, uh, the applicant has since indicated concurrence with that position; however, we were not able to get a signed CZA so unfortunately we will have to de...continue the public hearing I should say and consider action at your, uh, next meeting. Bailey: Do we have a motion to continue? 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEF'D FROM 12/1) Wilburn: Move to continue the public...hearing and defer to the 12th, and to defer, um, first consideration. Bailey: We have a motion to continue... Champion: Second. Bailey: ...the public hearing...motion and second to continue the public hearing and defer first consideration. Any discussion on that? All those in favor say aye. Those opposed say nay. Okay, motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 ITEM 6. PLANNING AND ZONING MATTERS. Page 20 c) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.91 ACRES OF PROPERTY LOCATED ON HUNTINGTON DRIVE WEST OF TAFT AVENUE, FROM INTERIM DEVELOPMENT SINGLE-FAMILY TO MEDIUM DENSITY SINGLE-FAMILY (REZ09-00007) (PASS AND ADOPT). Hayek: Move adoption. Champion: Move adoption. Wilburn: Second. Bailey: Moved by Hayek, seconded by Champion. Any discussion? Ex parte communication? Okay. All right, roll call. Item is adopted 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 ITEM 6. PLANNING AND ZONING MATTERS. Page 21 d. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF HUNTER'S HIDEAWAY, FIRST ADDITION, IOWA CITY, IOWA (SUB09-00009). Hayek: Move adoption. Wilburn: Second. Bailey: Moved by Hayek, seconded by Wilburn. Discussion? Davidson: Uh, this is a request from Dash Properties of Iowa City, Iowa, uh, for as the Mayor's indicated a preliminary and final plat to divide a single property into two lots. The property is located at 1136 E. Washington Street, and is approximately 4 acres, uh, in size. Uh, the applicant has requested a resubdivision of the properties that would result in two new lots. Uh, I should clarify, it is currently two properties, okay, and it would be reconfigured into two new lots, and I'11...I'll indicate that, I'll show that in more detail in just a second here. Um, lot 1 would contain the existing house and maintain the, well, why don't I show you this so it's easier to explain, rather than just...okay. Um...this figure here is an aerial. It's a little hard to see...let me orient you. Here's Jefferson Street, and Washington Street, which for all intents and purposes terminates here at Pearl Street. Uh, the subject property is indicated by the blue line here, and this is the lot line presently. This is a lot, and then the remainder of the property is a lot. I'm sorry - it comes up here. There are two other homes back in this area that is accessed by a private drive that comes across this...Ralston Creek right here. Uh, as you can see from the aerial, this is...this is an area that is, uh, quite a significant area in terms of environmental features. The two branches of Ralston Creek come together in this area, uh, just to orient you again this is, uh, Woodlawn up through here, and this is the north branch of Ralston Creek and then this is the south branch, and they come together at this point right here. This is the existing home on the property that's under consideration and ...and the garage. Uh, what is proposed then is to create, and again, your orientation is the same from the aerial here to the, uh, preliminary plat. Here is the...existing home. You can see there's a sewer easement through the property. Um, you'll recall there was a small lot up in this corner with access on Jefferson Street. This would be...basically this property right here...which is currently part of the larger lot, the resubdivision involves adding it to the existing small lot right here, and creating outlot A that you see here. And then the remainder of the property, which has access on Washington Street, and the existing house here, uh, would...would be the second lot. Okay? So that's...that's what's proposed. Um...as I said, extensive sensitive areas features. Lot A, a majority of lot A is in the floodway, so it would be difficult to, um, it would be difficult to establish a residential unit on that lot, but it is a legal lot. I mean, it would be possible to do so. With the action of it being designated This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 22 outlot A, it would require a sensitive areas' rezoning, which would come back to you before a residence could be built on that lot. Correia: It would go to Planning and Zoning. Davidson: It would have to go through (both talking) the whole process. So, in...in that respect, in terms of the sensitive environmental features we basically have an out in terms of an additional dwelling unit, uh, being added in this...in this area. Um, there is also, uh, as part of the new, the new platting an access easement that extends from Washington, uh, from Jefferson Street...here to provide...we felt both properties needed to have access from both Jefferson and Washington Street, because of the creek...because of the creeks, and so there will also be an access easement then I believe it comes up here to provide access from Washington Street for outlot A. Um, there was one, uh, one...one thing that I would like to clarify in your, uh, your, uh, materials that you received. Uh, that there...it indicated that there was no parkland in this area. There is in fact as Amy and I can tell you because we live in this neighborhood, uh, a park right up here, um, off of Glendale that does provide some parkland in the area. There is nothing to preclude, uh, outlot A possibly being obtained as, uh, public open space in the future, but it would not by this action of course be public open space. Um...I think that was pretty much everything. Are there any, uh, other questions or comments about the proposed action? Uh, the recommendation from the Planning and Zoning Commission on a vote of 6-0 was to approve. Hayek: I understand that outlot A in the future if it were to be developed would go through the process (both talking) exactly. Um, right. Uh, but...but lot 1 or as it's depicted there 2, what's the potential on that? Davidson: Well, it has an existing dwelling unit on it. That dwelling unit could be removed and a new dwelling unit, uh... Champion: Is it that funny little green house? Davidson: Uh, I think I have a photo. Yes. There's the, okay, this is the intersection of Pearl and Washington. And you can see the driveway that leads down, uh, into the property and there's the house. Champion: Right, okay, yeah. I've always loved that ... Davidson: You've been back in there, Madame Councilor. Champion: Oh I love it! I think it's great. The kids used to play back there. (laughter) Bailey: Kids played everywhere! Any other questions? This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Page 23 Hayek: But what, okay, what could happen with that lot? Davidson: And another dwelling unit could not be added, without resubdivision of that lot as well, which would require, uh, sensitive areas ordinance to be looked at. Hayek: So you're saying that that same, uh, process would apply to both lots, the outlot and lot 1/2? Davidson: Yes, uh, a resubdivision to add another lot would...would trigger the sensitive areas process. Hayek: Okay. Bailey: Anything else? Davidson: So, same number of dwelling units. This action will not increase the number of dwelling units. Thank you. Bailey: Further discussion? Alberhasky: Hello, Doug Alberhasky. I'm, uh, the President of Dash Properties. Um, my family has a lot of history here...was my wife's, um, my grandparents live actually right across the street from outlot 4, uh, the part of...the odd areas, the old section, the railroad right-of--way, and my grandfather's last memory before going off to World War II is pulling off all the iron off the railroad. Um, and that actually used to be a pasture that my family, uh, owned and then the other house, uh, is my wife's parent's house, and uh, the house in question here is, uh, her godmother's house. Uh, my wife and I lived, or have owned this property for the past eight years, and unlike the last discussion we had, I actually want to be able to sell this as a rental property to my tenants that live there. My only thing is I want to be able to keep a little bit of space, uh, my son is a Cub Scout, and I want to be able to have some place where my kids can go, uh, camping and all of that, and I don't know if you guys know what garlic mustard is, but this entire area has been infested with it and I think I should deserve some sort of a medal for attacking it for the past eight years, but I don't want to deal with as much of it as I do right now. Uh, so basically what we're trying to do is we're trying to split it out. My tenants that currently live there can't afford to buy the whole thing, so I want to keep a little bit for myself. I don't have no evil intentions for this. (laughter) I'm not going to try to build on it. Champion: It's a great play area and I'm glad to hear you say that! Alberhasky: Yes, yes! Yeah, and...and uh, the other area... Champion: Nobody knows about it. It's secret! This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #6 Alberhasky: Well, I know, it's our hideaway. Page 24 Champion: Not any more! (several talking) Alberhasky: We'll put up the barbed wire and Constantine wire later, but uh, and then also on lot 29, uh, my Cub Scout den actually planted a prairie down there. So, it's, uh, it's a nice area but it's just too big for us to handle and so we wanted to sell it to our tenants that have done a very good job of keeping it up, so... Champion: Great! Wright: Thanks for putting that into perspective. Alberhasky: You're welcome. Thank you! Correia: Yes, that's really good! Bailey: Further discussion? Discussion among Council? All right, roll call. Item carries 7-0. Karr: Motion to accept correspondence. Wilburn: So moved. Hayek: Second. Bailey: Moved by Wilburn, seconded by Hayek. All those in favor say aye. Those opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #7 Page 25 ITEM 7. ADOPTING IOWA CITY'S 2011-2015 CONSOLIDATED PLAN, KNOWN AS CITY STEPS, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN, TECHNICAL CORRECTIONS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN (A.K.A. CITY STEPS). a) PUBLIC HEARING Wright: Move adoption. Bailey: This is a public hearing. Wright: Oh, sorry! Bailey: Let's do that first, okay? Public hearing is open. (bangs gavel) And we're going to have a presentation to start off the public hearing, I understand. Long: Hello, I'm Steve Long, Community Development Coordinator for Iowa City. We're asking you tonight to adopt the 2011-2015 City Steps Plan, which is actually the Consolidated Plan for Housing, Jobs, and Services for Iowa City's low-income residents. It's a long name so we shortened it to City Steps. This is a framework for the annual allocation of CDBG and Home Funds, and after six months of public input, and data collection, Eric Fulmer from Mullen & Lonergan Associates is here to present the plan and the priorities in the plan. Fulmer: Good evening. I'd like to share a few thoughts with you this evening about the City's City Steps process, the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development. The...HUD's consolidated planning regulations require the City to reach out to all of the stakeholders in housing and community development in the city and we certainly did conduct an expansive outreach to both residents and practitioners and local officials. On the screen in front of us is a group, uh, a listing of some of the focus groups that we met with. They're homeless organizations, health and human service organizations, economic development entities, and also affordable housing developers within the community. In addition to that we met with, uh, a series of City officials, including Captain Johnson here to learn a little bit more about the housing and non-housing community development needs within the city. We conducted what we consider to be some special outreach techniques, including attending a breakfast at the Agave Cafe and a free lunch program at Wesley Center to interact with some of the homeless guests and learn a little bit about the needs of homeless people in the city of Iowa City. And we conducted a public This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #7 Page 26 hearing in the community library that was very well attended, and then we conducted an online resident, community-wide survey. The survey was published in both English and Spanish. We had quite, uh, a sizeable response to that. There were 463 individuals that took the time to respond to that survey. When we interviewed our focus groups and conducted, uh, our face-to-face interviews, we used a series of questionnaires and we have copies of all of those completed questionnaires that documents the City's outreach and consultation effort, and then we used some local cable advertising to advise the public of the community- wide survey and public hearings that are being held as part of the consolidated planning process. In carrying out the plan we utilized a variety of statistical data. Some previous studies that has been...have been prepared for the City and also again, the direct questionnaires to the stakeholders. We used all of these as input into the Consolidated Plan. And as a result of that input, the priorities for the use of Community Development Block Grant funds and Home funds from HUD for the next five years were developed. The first category of priorities deals with housing. The housing priorities for the 2011 to 2015 period include rental assistance to lower income and lower waged residents to help them afford rental properties; assistance to new rental housing development project, and new homeownership development projects; and assistance for projects that rehabilitate the existing housing stock. The next category of priorities deals with homeless activities in the city. During the next five years, the following activities would be prioritized -coordination of human services amongst the various agencies and entities that carry out these programs in the city; an endeavor to increase the understanding of homelessness, to improve homeless services, to support the creation of a day shelter, to improve the quality and supply of transitional housing within the community, and to provide assistance to special need households that require transitional housing. The next category involves public service and job creation types of activities, and during the next five years the Consolidated Plan or City Steps calls for the continuation of public service activities; improving the buildings, the public facilities that actually house those public service activities; and the provision of loan assistance to start up businesses and job training assistance to lower income and lower wage households that would become employed through these programs. The next category of need that are prioritized are for persons who are not homeless, but they do require supportive services. So over the course of the next five years, the priority, uh, would be to support projects that assist very special need categories of residents, including elderly and frail elderly persons with mental illnesses, persons with disabilities, and those recovering from substance abuse and also persons with HIV/AIDS. The City Steps document was shared with the Housing and Community Development Commission. They studied the document in depth, and they had several comments, uh, earlier this evening a memo was presented to, uh, City Council, which outlined the comments, and uh, those comments were incorporated into the final version of the City Steps document. During the City's fiscal year 2011 there will be a variety of sources of funds used for housing and community development activities, not all of which are funds from the U.S. Department of This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #7 Page 27 Housing and Urban Development. The first two categories are CDBG and Home. We're estimating the amount of CDBG assistance for the City at $667,000 in 2011, and there would be program income generated on the City's Community Development Block Grant program, which would add another $250,000 to the available resources. The Home program is a housing program, the counterpart to Community Development Block Grants, and we would estimate $682,000 being available to the City in 2011. And program income generated from prior activities under the Home program would add another $100,000 to the revenue stream for housing and community development activities. The GRIP program is a, uh, housing rehabilitation program that's funded from local bond funds. That's expected to add another $200,000 in revenues, and CDBG disaster funds, a very large number, a million six plus for the development of new single-family homes, and then also a grant from the State's I-Jobs program for the University project, in the amount of $300,000. So for 2011 the total resource that the City has to work with is approximately $3,868,000, and uh, over the course of the next month or so, the City will distribute copies of applications to interested participants in the Block Grant and Home program. City will review those applications and select finalists, selects the projects that will appear in the annual action plan, and then um, that action plan will be brought before City Council in the spring, probably in the month of April, and uh, no later than May 15th the Consolidated Plan or City Steps document will be submitted to the U.S. Department of Housing and Urban Development. Steve, is there anything that you care to add? So, are there any questions that we might answer tonight relative to the five-year consolidated planning process or the City Steps document that's been on public display for 30 days? Bailey: Any questions? Thank you. Anyone else wishing to speak at the public hearing? (bangs gavel) Public hearing is closed. b) CONSIDER A RESOLUTION Karr: Motion to accept correspondence. Wilburn: So moved. Bailey: Moved by Wilburn. Wright: Second. Bailey: Seconded by Wright. All those in favor say aye. Those opposed say nay. Motion carries. Wilburn: Move adoption of the resolution. Bailey: Moved by Wilburn. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #7 Page 28 Correia: Second. Bailey: Seconded by Correia. Discussion? Hayek: We've, uh, talked about this agenda item, um, already today in our work session, for the public's benefit, um, and now it's up for a vote. I'm going to oppose this, uh, because I believe we should defer this item. Uh, I think there has been a lack of in-depth deliberation, uh, by the Council on this very important agenda item, uh, this City Steps document is a substantial document. It establishes the City's goals, it provides direction for various departments to take over afive-year period involving $14 million. Um, and imbedded in this document are, uh, some policies relating to housing and development and other things that we have not discussed, uh, in... in much depth, or in any depth, and in fact, uh, some of the issues, uh, we are scheduled to talk about after the first of the year, um, these issues go to public housing, uh, a proposal for mandatory inclusionary zoning that we've agreed to take up after the first of the year, um, but by adoption of this policy are taking a step toward, um, tonight, and a number of other considerations, um, this document impacts multiple departments throughout the City. It impacts many neighborhoods throughout the community, and my concern is that something of this size, uh, for this long a period of time and involving this much money, needs, uh, an...needs to afford us an opportunity as a Council to get into it and talk about some of the specific sections that we should be discussing, and we...we haven't had that opportunity and in fact tonight we have spent more time on a... on a zoning issue on the east side involving five units, cone-shot deal and we're...we're proceeding with it, but my point is that we've spent more time on a single issue that is a one-time event than we will tonight on... on a much broader document that has a number of important policy considerations, and I just think we should take it up, uh, take these issues up, uh, with more deliberation. Wilburn: Different perspective on this, uh, it is a plan. It's a plan that, uh, the City has had prior, uh, five-year plans, um, while there are policy implications within it, they are not an isolation. They are discussions that the Council and the community has had, uh, well, before I was serving on City Council. Uh, this is directly linked to some federal funding that provides benefit in the areas of housing, jobs, services for the homeless, and my experience on Council, my experiences on Council, we have, um...have had the plan in place, and while um, it's a flexible enough document that, uh, adjustments can be made, should there be any major, uh, policy decisions and changes. Uh, I can think of times in the past when the Council, uh, because the plan that you are letting, uh, housing and urban development now, uh, is flexible enough. I can think of times when Councils decided they wanted to utilize Community Development Block Grant funding for economic development, and staff had inquired with...with HUD whether this is even feasible, uh, there've been some other, uh, areas of... emphasis. I think micro, um, Micro-Enterprise funding was...was a possibility. Um, the...the This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #~ Page 29 tactics and the strategies that might be used related to policy discussions that we will continue to have, uh, related to these areas, um, may change, but the overall goals and issues related to, um, housing, jobs, services to the homeless, those...those haven't, uh, changed in the past, those issues we've had for years debate on, um, and um, and had been made aware of different issues and concerns that have been present in our community. So I'm comfortable moving forward with this, knowing that we are going to have those discussions and again, they're broad enough that if there's any major decision one way or the other that, uh, we can adjust. It's important that we get the wheels in motion for this funding to come to our community. Wright: That's well put I think, Ross, thank you, and as you pointed out, this is...this is a plan. It's essentially a blueprint, and blueprints can change over the course of construction, and that...that could very well happen with this. You know, the example of inclusionary zoning, um, that is going to be on a work session, uh, later this winter. It may not even make it out of work session. That's something that we'll be talking about and because it's in here, uh, does not bind the Council to any particular path involving inclusionary zoning or some of the other recommendations that may exist within. This is...this is a guideline document. It is entirely not binding for those types of things. Correia: And I would say that I think that...that this document coming at this time supports the Council's wish to talk about inclusionary zoning, because this is, I mean, I think that's a very apt analogy, a blueprint that we've already have committed to talking about and this document says that, you know, this is a consideration in the public policy arena, but that...that the purpose of this document is it's required by HUD, that any jurisdiction in the country that gets these funds has to do this plan, and it has an annual update required, um, and that it is...it is very flexible. Um, I think, um, you know, we've...given the six months of public process, um, all of the, um, input that's been gathered within the City, in the different City departments and from outside the City, and that it's gone through our appointed housing commission, um, I feel confident in supporting this plan as presented at this time. Hayek: I...I agree, I think blueprint is an apt description, um, I guess from my perspective it's a blueprint that contains more information than it needs to satisfy HUD, and... and keep us within the timeframe that we want established for the application process. Um, and it is not gospel, I mean, it is not an ordinance, um, but the contents of this document when we vote on it will be cited down the road by...by various agencies or individuals in favor of this action or that action, and they will say, 'Well, the City adopted this. This is policy,' and the inclusionary zoning is not just included in here as a...as an idea. It is actually listed as a recommendation, and that's where I differ, but I'm...I've said enough. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #7 Page 30 Correia: And we did...our scattered site housing task force did recommend to the Council, as well (mumbled) to look into inclusionary zoning. So I mean we do have other, you know, City-appointed task forces that have recommended this, as well, so... Bailey: Any other discussion? I mean, I think there are certainly a different perspectives on what a plan means. That this is on a strategy level and it doesn't bind us to specific tactics. It makes recommendations to tactics, and I think those discussions that will unfold in the upcoming years and subsequent Councils as this plan unfolds, um, will...will direct us as a community what tactics we're going to use to address the issues that are brought forth, so I'm very comfortable with this document. I commend staff for all the work that went into this, especially in a particularly busy year, um, and uh, I...I really was impressed with the public input. The extensive nature of public input, and that's...I think that that...that takes a lot of work, and it takes a huge commitment to that input, um, cause you don't always hear things you want to hear. So, thank you very much for all your work on this. Any other further discussion? Okay, roll call. Dilkes: Before we vote can we just clarify that you are adopting it with the HCDC recommendations that were set forth in the December 9th memo? Bailey: That was my understanding of the motion. Dilkes: Yes. Bailey: Resolution passes 6-1, Hayek voting in the negative. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #10 Page 31 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 7, "FIRE CODE", BY CREATING CHAPTER 5, "HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS ASSOCIATED WITH RESPONSE TO HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS, AND ALLOW SUCH FEES FOR RECOVERY TO BE SET BY RESOLUTION (FIRST CONSIDERATION). Wilburn: Move first consideration. O'Donnell: Second. Bailey: Moved by Wilburn, seconded by O'Donnell. Discussion? Hayek: This does not establish a fee. It allows us to do so, at a future... Dilkes: Right. The fee'll be set by resolution. Hayek: Okay. Dilkes: But it'll be based on cost. Hayek: Okay. Bailey: Okay. Any other further... any further discussion? Roll call. First consideration passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #11 Page 32 ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 6, PERSONS UNDER EIGHTEEN YEARS OF AGE, TO ADD A NEW SECTION 2, JUVENILE CURFEW TO ADD A NEW JUVENILE CURFEW ORDINANCE (DEFERRED FROM 9/29) (PASS AND ADOPT). O'Donnell: Move adoption. Champion: Second. Bailey: Moved by O'Donnell, seconded by Champion. Discussion? Correia: Do we have the memo regarding the community notification? I don't know if any...if this is something I can just talk to you about, but transit posters. That seems like (mumbled) Helling: Okay. Correia: (mumbled)...especially on the posters, or on the buses that service the secondary schools. Hayek: Good idea. (several talking) Helling: Yeah, we're getting (both talking) Correia: Yeah, and I just, you know, adding the neighborhood centers. Um, The Spot over on Broadway. Bailey: Okay. Any other...further discussion? Wright: I think we've talked this one pretty substantially. Bailey: Just checkin'! Just want to make sure it's all talked out. Okay. Roll call. Item passes 4-3, Bailey, Wilburn, and Correia voting in the negative. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #12b Page 33 ITEM 12b. CONSIDER A MOTION GRANTING A 45-DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT #09-04. Wright: Move adoption. Wilburn: Second. Bailey: Moved by Wright, seconded by Wilburn. Any discussion? Correia: Yeah, I just...this is, I don't know, we've gotten a few of these recently and I just wondering if there's an issue with being able to process the complaints and the... Karr: There's been a... a couple different situations here, um, first of all we've had two new... some new Commission Members who are getting caught up to speed. Um, also we've had additional requests for some further information from...from the Police Department, which has been timely in coming, but did then take another meeting to do, and then third, we were impaired the last meeting with the weather. Correia: Okay. Karr: Um, and then I do know also they will be reviewing the bylaws and their standard operating procedures and should this be, uh, something that comes up again, I'm sure you'll be hearing from them as far as timeline. Correia: Okay. Bailey: Okay, any other discussion? All those in favor say aye. Those opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #12c Page 34 ITEM 12c. CONSIDER A MOTION GRANTING A 60-DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT #09-05. Wright: Move adoption. O'Donnell: Second. Bailey: Moved by Wright, seconded by O'Donnell. Discussion? All those in favor say aye. Those opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #16 ITEM 16. Bailey: CITY COUNCIL INFORMATION. Page 35 Let's start at this end, Mr. Wright, so we can...let Amy go last! (laughter) For her last meeting! (laughter) Wright: Well, I did want to start off by thanking both Mike O'Donnell and Amy Correia for their service on the City Council. It has been...interesting times the last few years. We've had a number of challenges and some very thorny issues, and uh, you have both risen admirably to each one of those, and I very much appreciate working with you. And I also want to, uh, express my gratitude to all the City crews that were out during the regular shifts, and doing a lot of overtime last week keeping the streets cleared. It was, uh, once again a terrific effort. It looks like, uh, there's some last-minute scraping of the slush today, which I think everybody appreciates, and uh, folks did a terrific job and uh, I know we all really appreciate it. Bailey: Connie! Champion: I'd like to thank both of you for serving on the City Council too. Um, I'm still going to be here! (laughter) O'Donnell: We all know that! (laughter) Champion: And um, I just want to point out a flaw about the little pamphlet that was mailed, came the day after the snowstorm to my house. Wright: Yeah, mine too! O'Donnell: Mine too! Wright: Hard to predict the weather! Fosse: Yes, that..that was preplanned, independent of the storm. The mailing was going to go out last week, so it was just coincidence that it lined up with the snow emergency, or almost lined up! Champion: It almost did! O'Donnell: That's pretty good though! Uh, Dale, thank you. Council, I wish you well. It's been a pleasure. Um, Dale, you're a rock. You've always been my choice for City Manager. Rick, thank you. Eleanor, Marian, thanks for your friendship and your advice, and uh, I will watch you occasionally! Goodnight Iowa City, I hope I've served you well. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #16 Bailey: Ross? Page 36 Wilburn: Um, Amy and Mike, just thank you for your service to the community. I know you both will in some way, shape or form be active in, uh, whatever communities you choose to involve yourself in. Otherwise there are several holidays and end of year celebrations. Just want to wish everyone happy, happy and look forward to serving with the new Council Members coming in, uh, in January. Hayek: Uh, echo Mike's comments about snow removal, uh, feedback I'm getting is positive, even from the curmudgeons, you know, think the City can't do any good when it comes to snow. Um, so job well done to staff. Um, Mike O'Donnell, we're going to miss your consistency and your humor (noise on mic) and uh, Amy, uh, it's been a pleasure working with you. We...we, uh, have disagreed on many, many issues, but um, you are a person of considerable integrity and we are going to miss that and uh, and we wish you the best, both of you. Correia: Um, I hate to go last! Bailey: I thought you would like it! (laughter) It wasn't a punishment! Correia: Um, I know, um, well, first I want to thank the Parks and Rec for the wonderful holiday market that was on Saturday. I went. I told my, uh, youngest daughter I'd been looking forward to it for like two months, since I missed...was out of town for the last one and this is what happens when you get into your 40s, these are the things that you look forward to, but it was an amazing (laughter) um, amazing market, um, there were a lot of people there, great vendors. I was able to get gifts, as well as food for holiday meals so really thanks to all the vendors, um, and all the staff and folks that put that event together, cause it's really well...well done, and really I think shines, um, well on the City. Um, so, I want to thank you all, um, for putting up with, uh, me over the last four years. For those of you who've been around with me for four years (mumbled) it's really been an honor to serve, uh, with so many, um, wise, uh, and fun people, even admits the extreme trials that we've had over the last, uh four years so um, I know that the City is in good hands, um, and I certainly will not be a stranger to any of you. (laughter) Bailey: Well, this group has been through a lot together, quite a lot, and um, I hope that future Councils don't quite have to go through as much. Um, but...both of your contributions have been incredible, and um, the reason we got through it all is because we've been a great team, and so the team will change and that's going to be a challenge. I think it always is, um, but thank you so much for your service, um, it's been wonderful, and thank you for serving as Pro-Tem these last two years, Mike. Really appreciate it. And I know that neither one of you will be a stranger to us. I expect to hear from both of you, um, whether we're doing a good job or a bad job or somewhere in between, so... This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #16 O'Donnell: We will be watching! Page 37 Bailey: Yeah, occasionally you said! (laughter) Occasionally! I do want to echo, um, nice job on the streets. Not so great on the sidewalks, people! Let's think about that. I think that that's really important in a walkable community. It's really hard when we get, um, ice first, and we all know that, but um, let's all work a little bit harder on those, um, I want to remind people, and then as Ross said, happy, happy...happy, happy, safe, safe, and um, enjoy, and enjoy, um, go Hawks. I guess we can all say that, as well. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009. #17 ITEM 17. REPORT ON ITEMS FROM CITY STAFF. Page 38 Bailey: City Manager? Helling: Just a special thanks to Amy and Mike, um, just want you to know...all of you to know that, uh, the staff appreciates what you do as well, even though you don't hear that very often! (laughter) Best of luck to you both, and thank you! Bailey: Eleanor? Dilkes: I'll just echo that. You've both been very, very pleasant to work with. I appreciate that. Bailey: Marian? Karr: We'll miss you! Bailey: Okay, now before somebody starts crying, let's adjourn this meeting. Do we have a motion? Hayek: Move to adjourn. Wright: Move adoption. Bailey: (laughter) I heard motion and a second. I think it was Hayek and Wright. All those in favor say aye. We are adjourned. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of December 14, 2009.