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HomeMy WebLinkAbout2011-06-21 TranscriptionPage 1 ITEM 4. PLANNING AND ZONING MATTERS. b) AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM SINGLE- FAMILY/DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF HIGHWAY 1 WEST AND HUDSON AVENUE (1014, 1016 & 1022 HUDSON AVENUE). (CPAII- 00002) 1) PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development for the City. Uh, the items b and c on your agenda under Planning and Zoning items are essentially the same item, so if it's all right with you I'll just present both items together. You'll consider them separately, however. Hayek: Actually if you're going to do that, Jeff, let me just interject. Are there any ex parte communications we need to... Bailey: I did talk to Ryan O'Leary about this project, urn ... long before it was even in our process, but he ... he did overview it for me, and that was the total of our conversation. Davidson: The two parts of the, uh, item are the... are, uh, a requested amendment to the Comprehensive Plan, which has been made by Ranshaw Limited Partnership, and then the second item is the zoning and staff s recommendation regarding the zoning will be contingent on what you decide with the Comprehensive Plan amendment. Uh, the two items are related in that the Comprehensive Plan, uh, is the large vision for the general land use of the area, and then of course the rezoning, uh, the zoning of the property hones in further on the specific parcels that we're talking about and what they can be used for. So what you decide in terms of the overall division, overall vision, will obviously impact then, uh, what your decisions are regarding those specific parcels. So, I'll explain that hopefully a little more clearly as ... as we proceed. Um, the property, uh, which you see here, and just to orient you. Here's state Highway 1, uh (mumbled) Paul's Discount Store is in this area. Uh, you can see the Miller - Orchard neighborhood, and we're going to want to talk some about the concerns that some neighborhood representatives have about that, and then these are the properties, um, 1014, 1018. and 1022 Hudson which have been requested for the Comprehensive, uh, Plan amendment, and then subsequently the ... the zoning. There is a bit of history, uh, to this property. Originally, uh, these ... uh, parcels, uh, were in the Comprehensive Plan as commercial and there were, excuse me, yes. Comprehensive Plan as commercial, uh, it is currently residential, and what he request has been is to take it back to commercial. Um, in the 80s there were a This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 2 couple of rezoning requests, uh, based on this being, uh, proposed in the Comprehensive Plan for commercial to change the zoning, uh, and it was a request for two parcels here, but not 1022, which is the parcel closest to the highway. Uh, because we did not want to, uh, leave an island out here, those rezoning, uh, had neighborhood opposition and were, uh, withdrawn. Then in 91, the ... there was a request made to actually change the Comprehensive Plan and against the recommendation of staff, Council did take that action, and so as you can see here, there is a small island of, uh, residential, which you see ... the area right here, amidst all this commercial, uh, along, uh, Highway 1. Um... going back there, going back then, um ... you know, the Comprehensive Pran ... Plan principles for this area, uh, are based on essentially what we feel creates the appropriate environment for commercial development. Uh, you can see these parcels are completely surrounded by commercial, uh, zoning. They are along a state highway, which has approximately 22,000 vehicles a day, and they could be served by a curb cut that already exists, uh, along Highway 1 for this commercial property, and so because of those things, we do feel like, uh, they do ... this property is appropriate for, um ... a commercial development. We do, however, feel very strongly that this line should be the ... the, uh, the dividing line between residential and commercial, and that there should be adequate buffering, uh, taken into consideration, and the configuration of this property when it is subsequently developed should be considered very carefully so that there are not undue impacts on the Miller- Orchard neighborhood and specifically on, uh, Hudson Avenue. Um ... there ... there have been concerns and, uh, there were concerns expressed at the Planning and Zoning Commission, and you may hear some of those this evening, as well, when you continue your hearing... about the impacts on the neighborhood, and specifically to Hudson Avenue, and when I ... in just a moment here when I get into, uh, the rationale that we feel should be conditioned on the zoning, it will take some of those into, uh, account specifically. Uh, but the City clearly acknowledges that this matter has to be considered carefully as there are potential negative impacts on the neighborhood that we do want to avoid. Uh, the City has, uh, been I think a good partner to the neighborhood association over the last several years in trying to provide some stability to this neighborhood. Approximately one -third of our UniverCity neighborhood partnership homes are in the Miller- Orchard neighborhood. We've been very concerned and working with the neighborhood about the repurposing of Roosevelt School, just up the hill on Benton Street. And we also of course have this year's project, which is in the capital improvement program to, uh, add some very significant, uh, sidewalk, pedestrian accessibility in this neighborhood, and then of course along, uh, state Highway 1, up to Sunset Street, uh, which will provide better accessibility to this ... between this neighborhood and the rest of the commercial area. So the recommendation from staff, uh, is that these are appropriate to be considered in the Comprehensive Plan for commercial development. Very quickly then on the zoning, uh, just a little bit more information, and again, the specific zoning request is, uh, by Ranshaw Limited Partnership and they are representing the property owners, which there are actually two — 1014 and 1016 Hudson are owned by Shirkin LLC, 1022 Hudson by Ranshaw Limited Partnership. Uh, the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 3 home on, at 1022 has already been removed and the property owner has indicated that it would be their intention to remove the homes on 1014 and 1016. Uh, getting into the zoning then, you see the parcels here that make up the three addresses. Uh, there are three concept plans, uh, this one, and again, just to orient you. Here's the existing Paul's Discount Store, and then Leash on Life and the other businesses are down here. This would be the proposed expansion, uh, of this commercial building, uh, and then the associated parking with it, and you can see the, uh, configurations here, just kind of .... well, excuse me, I guess we just put that one in. There are three that are basically variations on the same theme. Uh, staff has, uh, acknowledged that this is an acceptable, um, with the conditions that we are proposing that I'll mention very briefly in a second, uh, we feel this is an appropriate design and you will see significantly that although the applicant, uh, requested... requested a curb cut on Hudson Avenue, we are very specifically saying that there should not be a curb cut on Hudson Avenue, so that traffic from Benton Street is not encouraged to use Hudson Avenue for access to this development. Uh, because it is all the same property owner, we have suggested that there be a cross access east ... cross access easement across these properties, using the existing curb cut here and then the one on Orchard Street, uh, as well, and this is a signalized intersection so it works very well for getting, uh, people in and out of here. Um, again, and let's see ... I don't think there's too much more to add. Um ... in terms of the appropriateness of the zoning, again, you ... you've heard the rationale, uh, for the Comprehensive Plan amendment and there are similar things. The ... the ... we are suggesting though to address the, uh, concerns of the neighborhood specifically that the zoning be, uh, condition... oh, and by the way, I think I neglected to mention, the request for the zoning is from the existing, uh, RS -8, residential zoning, to CC -2, um, community commercial. Uh, we are suggesting, as I mentioned, that no curb cut be allowed on Hudson Avenue. Uh, that the site plan, uh, review ... be reviewed to assure that there's adequate buffering between the residential area to the north and the commercial property, uh, that the north elevation of the commercial building, that would be this area here, uh, be ... be, uh, decorative such that it at least provides, um, in terms of the buffering and the visual impact on the neighborhood, that that be, uh, given a more decorative treatment, which would be evaluated at the site planning stage. Uh, that it not necessarily be a blank wall, but it'd have some features to it that makes it a little bit more decorative, and that the storefront design incorporate traditional building materials such as brick or wood, uh, which again, is designed to just kind of ameliorate the, uh, impact on the neighborhood. So those are the conditional zoning conditions, that with those, staff does recommend, uh, approval. Are there any, uh ... questions about either the Comprehensive Plan amendment or the zoning? Hayek: Is ... is, that aerial you're showing of the three that are in the packet, the one that staff would require... Davidson: Um, I have to confess, Mr. Mayor, I'm not sure why this one made it in the packet and the other two didn't. Uh, when we sat down with the applicant, as long as This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 4 there was not a curb cut on Hudson Avenue, we'd indicated, um, you can maybe ask the applicant if this is the one that they prefer, if they, uh, they are represented here if you'd like to ask them that question. I'm not sure why this one made it. The ... the, uh, the other ones, uh, as you can see from your packet of materials, are just variations on the same theme... they're not significantly different. Hayek: Yeah, actually I think I just answered my own question. The other two, uh, versions show, uh, presume a curb cut on Hudson. Davidson: Oh, okay, then there's your reason (both talking) we are definitely recommending no curb cut. Any other questions for me, on either the Comp Plan amendment or the zoning? Thank you. Hayek: This is a public hearing, so if anyone from the applicant, or from the neighborhood, or from the community at large would like to address us on this, please step forward. Dilkes: Can I just clarify? This is just the public hearing on the Comprehensive Plan amendment. Okay. Hayek: Correct. Are there any other questions for staff? Okay. I'm going to close the public hearing at this time on, uh, Item 4.b. (bangs gavel) Need a resolution. 2) CONSIDER A RESOLUTION Mims: Move approval of the resolution. Bailey: Second. Hayek: Moved by Mims, seconded by Bailey. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 5 ITEM 4. PLANNING AND ZONING MATTERS. C) CONDITIONALLY REZONING APPROXIMATELY .69 -ACRES OF PROPERTY LOCATED AT 1014,1016 AND 1022 HUDSON AVENUE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) TO COMMUNITY COMMERCIAL (CC -2). (REZ11- 00008) 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Would anyone like to address the Council on the rezoning aspect of this? Okay. I will close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Bailey: Move first consideration. Champion: Second. Hayek: Moved by Bailey, seconded by Champion. Uh, discussion? Roll call, please. Item passes 7 -0. Karr: Motion to accept correspondence. Wilburn: So moved. Wright: Second. Hayek: Moved by Wilburn, seconded by Wright. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 6 ITEM 4. PLANNING AND ZONING MATTERS. d) AMENDING CITY CODE TITLE 14, CHAPTER 4, ENTITLED USE REGULATIONS, ARTICLE D, TEMPORARY USES, ADDING PROVISIONS TO ALLOW FOOTBALL GAME DAY COMMERCIAL USES AS A TEMPORARY USE ALONG MELROSE AVENUE AND AMENDING CHAPTER 9, ENTITLED DEFINITIONS, TO ADD THE DEFINITION OF TAILGATING. 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) The public hearing is open. Boothroy: Good evening, I'm Doug Boothroy, Director of Housing Inspection Services and I want to make a few comments before the public hearing starts. Um, tonight as you mentioned, you're considering an ordinance amending the zoning ordinance to add a new category, uh, of commercial use, as a temporary use, for football game days, and that's uh ... as I said, as a temporary use. The important thing about this amendment tonight is that currently temporary uses, uh, for commercial uses in that area are not recognized in the code as legal uses. The ... this particular amendment would make, uh, game day commercial use a legal activity. So that's important to ... to note. Uh, the other thing, uh ... there are ... the commercial uses are restricted to the area along Melrose Avenue. Uh, this, uh, restricts it to the area that these, uh, vendors currently occupy. If you're looking at the map, that would be, and you can see all the numbers along there, uh, those are the ones that we, uh, found last fall when we surveyed the area, and the, uh, ordinance recognizes from Melrose Circle, where you see #1, all the way over to the Interstate Railroad bridge, uh, along... along the street as the area where, uh, commercial vending can continue. Okay. Third, I think it's important to note that, uh, this ordinance does not allow a temporary use permit to be issued for a commercial vendor for the sale of alcohol. Okay? And, uh, the ordinance does allow, uh, the commercial vendors to begin setting up, uh, 10:00 A.M. the day before a football game. So most of the football games are on Saturday, so that would mean that the vendors could start setting up 10:00 A.M. on Friday for those Saturday football games. If it's a different day, then it would just be the day preceding that particular football game. Also, uh ... one of the issues raised during the discussion with the neighborhood and, uh, it was about trash, uh, this particular regulation requires that each of the vendors have a trash container available, uh, for trash at all times. Uh, and it also builds in provisions for accountability. Some of the other standards are standards that are found in other parts of the code. Most of them deal with life safety concerns. I've ... I'll go through them fairly quickly. Uh, there is, uh, a provision that you're not allowed to block the sidewalk. The vendors must set up 2 -feet behind the sidewalk. Uh, sales tax permit is required if they're selling. Uh, there's an insurance indemnification, uh, provision, uh ... health permits are required for food vendors. We're not ... we're not rechecking what the County does. We're just checking to make sure that the Count has issued the permit. Uh, with regard to, uh, tents. If This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 7 you drive a stake in the ground, you're going to be required, uh, to, uh, use the one -call service, which is free to anybody in the state of Iowa. We're just going to check to make sure that that's been done. Uh, if you have cooking tents or you have tents that are over 400 - square feet in size, those are currently regulated by the fire code, and we're going to, uh, check to make sure that that's, um, acceptable. Uh, and ... there is a cleanup responsibility of the vendors, but in my discussion with the vendors, and the property owners in the area, most of the cleanup on each of the individual sites is been ... has been occurring, uh, as a result of... of, at the end of the... at the end of the game or... or during the weekend. The other thing I should point out is that during the early discussions with P &Z and the City Council, I hadn't arrived at a recommended fee. Uh, I wanted to mention tonight that the fee for the season, this is a one -time permit fee, is $75.00. This is the current fee for temporary use permits that we issue in Iowa City. So there's no change in that fee, and it is for all seven games or, you know, with Nebraska coming on board I think that might be eight games. Urn ... the ordinance does get into defining also, uh, tailgating activity and the intent of defining tailgating activity is that this particular ordinance is not going to recula ... regulating private tailgating activity or tailgating parking. It's only going to be regulating, uh, commercial activity, uh, that occurs on game day. Um..do you have any questions? Bailey: I noticed in the definition for tailgating it's very specific about, uh, no goods will be sold or given away. Is that to be very clear about distinguishing from commercial and private activity? Boothroy: Yes. Bailey: Okay. Wright: Question for you about the map, Doug. Um, on the, uh ... map that you have up there, you have a vendor at the corner of Melrose Circle. Boothroy: I'd have to look at my, uh, Suburban Sports? Wright: Yes, Suburban Sports. So is that just, is that either a very large vendor or is that just blank space between that one and the next group of vendors? Boothroy: Uh, there are no ... we did not find that day when we were surveying any vendors on those two properties. Those are ... those two properties happen to be ... they're darker in color, they happen to be owned by the University of Iowa, and there are no vendors on that. I should also point out, now that you mention ... now that I've mentioned the University of Iowa, is that, uh, as you can go down the street, you can see, uh, on the other side of Melrose Place and on the other side of Triangle Place, some of the, uh, shaded properties that are also owned by the University have vendors on there, and I did talk to, uh, the University, and specifically This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 8 George Collins, and he has indicated that their vendors will comply with our ordinance. Wright: So we're... Boothroy: Full comply! Wright: ...but this then would leave it open for additional vendors to set up in that area? Boothroy: It would. It would. Um ... also, would want to mention tonight, as we talked about on... on Monday night, I met with, uh, the, uh, University last Thursday about, uh, providing additional trash, uh, dumpsters, as well as Porta - Johns, and uh, they're moving forward with that, uh ... um ... addressing that issue. They're looking at trash dumpsters, uh, near the, uh, Interstate Railroad bridge. They're recommending doing that, uh, also in talking, uh, with the vendors, as well as the neighborhood, and particularly the vendors, there were some suggestion that right there north of Melrose Place, in front of the ... I think it's the Children's Hospital, that, um, more Porta -Johns would be important in that area. Uh, and they're looking at putting some in there, and then farther down towards, uh, the parking ramp, they're looking at increasing the number of...of, uh, Porta -Johns in that area, as well, uh, all along the north side of Melrose Avenue, on their property. And as I mentioned Monday night, uh, that's a ... that's a positive step in the right direction and, uh, I commend the University for their ... their, uh, initiative there. Any other questions? Hayek: Doug, of the 15 or so, uh, criteria embedded in this, roughly how many are already legal obligations imposed on vendors? Sales tax permits, things like that. Boothroy: Well, uh, I think that the ... the first four that I talked about, uh, the, um ... limiting the vending to, and this is an opportunity actually because they weren't legal before, but we are limiting the vending to this area, uh, between Melrose Circle and the railroad bridge. Uh, we're restricting it to no alcohol, uh ... let's see. And they are limited to along the Melrose Avenue corridor, uh, the additional trash cans per vendor would be an additional requirement, urn ... but most of the others are either embedded in some other code like the fire code or the state, or... or something like that, and we're checking for compliance. Hayek: Any questions for... Boothroy: Oh, and the insurance indemnification, I mentioned that but (mumbled) that's an additional requirement because many of the vendors will be setting up partially on City right -of -way. Hayek: But that's something we require of anyone getting a temporary permit on City right -of -way anywhere else in the community. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 9 Boothroy: Right. When people use the City right -of -way we require indemnification. Champion: It's very easy to get! Boothroy: Yes. And, Ron Christensen is here tonight from Game Day, and I did talk to him today about it, and if you have any questions about that he had a recent discussion with his insurance agent and he can explain. Champion: When we use the ped mall for something at one of our stores, um, it was very easy. We just called our insurance guy and he sent a letter. It was very easy. People think it's (mumbled) Boothroy: My understanding in talking to Ron is ... when it's required by the City, uh, then the, uh, then there's no charge, or at least not by his insurance company, so... Hayek: Any other questions for Doug? Champion: Good job! Boothroy: Thank you. Hayek: Okay, this is a public hearing, so ... uh ... open for comments from the audience on this subject at this time. Walker: Hi, I'm Jean Walker. (Read statement on file.) Thank you. Hayek: Thank you, Miss Walker. Walker: I'd like to submit this. Karr: Motion to accept correspondence. Wilburn: So moved. Bailey: Second. Hayek: Moved by Wilburn, seconded by Bailey. Discussion? Those in favor say aye. Opposed say nay. Motion carries. Thank you, Miss Walker. Is there anyone else who would like to address the Council? Stromquist: Good evening, my name is Shelton Stromquist. I live, uh, on Myrtle Avenue, uh, in the Melrose neighborhood. Um, been there for about ... almost 30 years. Um... and I want to speak in support of, uh, many of the points that Jean Walker made, on behalf of the neighborhood. Um, don't get me wrong, I love sports! I play sports! I competed in sports at the collegiate level. I don't object to football fans enjoying a Saturday afternoon at the stadium or players who compete for the love This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 10 of the game and their school receiving the accolades of fans for their performance on the field, as well as in the classroom. What I do object to is the self - indulgent behavior of some fans, and I stress some, uh, and I'm sure ... I know it's a minority of fans, who abuse their host neighborhood and community, and the self - serving comments we've heard at times from coaches and athletic administrators who in the name of preserving the game -day experience are prepared to look the other way, from chronic and illegal misbehavior of some fans. One would get the impression from many comments that fans should enjoy unrestricted and unregulated game -day activity in the Melrose neighborhood. It is as if we are invisible and insignificant. Our historic district is belittled by some who have no understanding of what such a district might signify beyond its proximity to Kinnick Stadium. This neighborhood, which is the home to Iowa Citians who have invested in homes that happen to be in the vicinity of Kinnick Stadium... seem to have no rights on a football Saturday. It is as if we exist only for the convenience of the game -day revelers. Didn't they know they were moving into such a neighborhood when they bought their property, we've heard. Why should they complain now? Of course we knew there was a Kinnick Stadium, in which football games were played on Saturdays in the fall. We didn't know, or expect, the outrageous and illegal behavior of some Iowa fans. It seems in many ways so out of character. It's not the Iowa we know, uh, or deeply love. It is as if the Melrose neighborhood was nec ... must necessarily succumb for being a site for such behaz ... behavior, as if neighbors lose all rights in the face of the game -day experience. I'm talking about massive littering in our yards, which is illegal. Public intoxication, which is illegal. And the insulting behavior that frequently accompanies it. The indecent exposure, which is illegal, of those who urinate in our yards, and the flagrant trespassing, also illegal, through the yards and gardens of ourselves and our neighbors. What is most troubling in many ways about this whole debate is the inability or unwillingness of University officials, and some elected officials, to understand that they are complicit in creating this situation by willfully turning a blind eye to the chronic illegal behavior, and by celebrating the game -day experience without ever asking themselves how it might appear to the neighbors. We're not asking for an end to game days. Of course not! We are asking for officials and fans to take some responsibility for misbehavior. To enforce ordinances and rules that exist. And to look beyond the dollar signs that fuel big time college athletics and coaches' salaries to the impact that they have on the community. In short, we're asking, um ... them to step out of their own interests and walk in our shoes as neighbors. That would then be the beginning of a healthy dialogue about how to reverse this misbehavior, and its unfortunate consequences. I think the steps that are being taken now are constructive, and I applaud them, but they're only first steps. And as Jean was stressing, uh, it's important for us to, um, build into the dialogue, uh, going forward the voice of the neighborhood and to understand the problem created in part by vendors, but not all their responsibility, as part of a larger problem, uh, which involves the neighborhood, the City, and of course, the University. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 11 Hayek: Thank you, Professor. Others from the audience who would like to address the Council during public hearing? Okay. Seeing none I will close the hearing at this time. (bangs gavel) First consideration. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Wilburn: Second. Hayek: Moved by Mims, seconded by Wilburn. Discussion? Champion: I'm wondering, and uh, maybe one of the neighbors can answer this question for me. Has it gotten worse in recent years? Or has it just always been that way? Has the behavior of fans gotten worse in recent years? Hayek: If you're going to answer you ... we'll need you to be at the microphone, please. Champion: Like since we've had winning seasons! (laughter) Stromquist: I'm not sure, um..what factors might contribute, uh, to it, but my perception as someone who's lived in the neighborhood for 30 years, uh, is that it has gotten worse. Um, there are more fans. It's a larger stadium than it was at one point. Um, and I think some of the initiatives taken, while on the face of it probably good steps on the part of the University, has in some ways exacerbated the problem for the neighborhood. Um, the ... the restriction of certain areas for tailgating on University property has increased the pressure, I think, in the neighborhood. Um ... but I don't have any ... I don't have any, um, systematic measure of how much worse it's gotten. Um, we're ... uh, we dread, frankly, uh, those Saturdays when they're home football games because of, uh, what we know we're going to encounter, um ... and um ... you know, there's been ... there have been photographs taken, uh ... uh, in large quantity, documenting the extent of the littering in particular. Um, and I won't detail all the examples of misbehavior that I've witnessed, but um, you know, I think, again, I don't ... I don't mean to imply that it's Iowa fans generally. It's not Iowa fans generally. Uh, but it is a minority and I think, uh, there is a problem of enforcement, um ... because I do think that there is illegal activity going on that needs to be, uh, needs to be restricted. Um, so... Hayek: Thank you. Yeah, go ahead, sir. Christensen: Uh, we've been on. Hayek: Mr. Christensen, why don't you give us your name and... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 12 Christensen: Oh, yeah, Ron Christensen. I live at 122 N. Westminster. Have for the last 40 years. Um, we have been over on Melrose since 1990, and the people that come and purchase product from us are basically friends that we've had for a long time. Uh, we've seen an increase in the amount of people that are there, but their behavior, uh, really hasn't changed a whole lot. Uh, the thing that I wanted to point out is I spent two days downtown here in Iowa City with the Arts Fest, and the way you had that set up with the four containers together, uh, worked fantastic. You had by the paper roughly 30,000 fans down here, which would be comparable to what's going on on Melrose. Uh, I didn't see anything on the ground, and if that type of an approach would be used over there for the trash, also for the porta - potties, uh, it would take care of the majority of the problems that you're talking about. You need to give the people a place to put their trash, a place to use the facilities, that they can do in a reasonable amount of time. Uh, Hawkeye fans are fantastic people, if ya give `em a chance! Uh, I mentioned before that at my age, I wouldn't walk across Melrose to stand in line to go to a porta -potty and have to wait a half hour because the guy in front of me would have a problem, and I can't imagine people that are tailgating out in lots that would walk ten blocks to have to stand in line to use the facility. It just doesn't work, and you know, I mentioned before that we do all of the other Big Ten schools. We do all the bowl games, and they have adequate facilities to take care of the problem. And, if you give people half a chance, your problems are going to go away. Uh, with the vendors, nobody sells alcohol. We're basically a buffer at Kinnick Stadium between the lots where the alcohol is and the stadium. Uh, if the vendors weren't there, the people that own all of those buildings, houses, whatever would have tailgaters in all of those lots because they would rent them on game day, and you would have alcohol right across the street from Kinnick. So, you know, we're not really addressing the problem. Uh, the vendors, you know, I told them and I've met with a lot with them, that the best thing we could have would be to have everybody have to have a permit, because that's what saves us at all the away games. It not only defines what we can do, what we have to do, but it protects us. And the same thing will happen on game days so that when the illegal guys come in, so we can call the local police, and they can take care of the problems. Right now none of that is in place. It will be with the permits, and I think the permits are a fantastic thing. Uh, there needs to be a dialogue, again, between the City, the University, the vendors, and the community so that everybody can resolve the problem. It's not that difficult, but everybody has to be aware of what's there and take the steps to get it fixed. And, uh, that's what we've seen for the last 20 years. Uh, it's exacerbated because of some of the problems, and some of the people trying to come in and beat the system on Melrose or in the blocks off where they rented houses, rented facilities, basically to bring alcohol and do big parties, and if that's controlled, that'll take care of a lot of the problems that are there also. Hayek: Thank you for that information. Christensen: Yep. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 13 Hayek: Further Council discussion? Bailey: Well, I have a question for Doug. Um, you talked to the University, um, was there any discussion of brokering that kind of, um, meeting that Mr. Christensen referred to, people need to sit down and ... and talk about what needs to happen, and then have some, you know, some way to evaluate how the season goes, with the additional sort of facilities and the trash receptacles? Boothroy: There wasn't that broad discussion, uh, there was some discussion at the meeting, uh, with, uh ... uh, Ryan O'Leary who was there to talk about a private effort to put out more trash, um ... containers throughout the neighborhood, uh, and some of the efforts he was doing to find that, working with IDNR, working with Mayors Youth, some other groups, and stuff like that, uh, with this idea of deploying many different types of ... uh, containers throughout the streets so people would have an opportunity to dispose of their ... their trash. Um ... and I can tell you that ... that, uh, at that meeting, the University was ... was supportive of that. They said that they would ... they would publicize it. They would, uh, advocate for, uh, as far as what Ryan O'Leary was proposing to do, but it was going to be handled on a private basis. Uh, in terms of putting together a meeting that included the University and the neighborhood and ... and, uh, staff and others, uh, that didn't come up as part of that discussion. Bailey: Is it possible? Boothroy: Well, I think anything's possible. Yes, I think it is possible, but I ... I, uh, we didn't talk about that. We talked more specifically about, uh, what they could do on their property, and that was ... they, uh, that was the ... that was the discussion that we had. Wright: It'd be important to have some kind of a conversation with the parties involved, after the season this year, and see if there was any improvement, if this needs some more tweaking. Boothroy: (several talking) ...that same group that I met with, we could meet again and... and... Wright: With the neighborhood included! Boothroy: Yeah, I didn't call a meeting so maybe this time I would call the meeting! (laughter) Wright: Very important to get the neighborhood's perspective of... Boothroy: I understand that. It's just that I ... it wasn't my meeting, and I was at their place. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 14 Bailey: I agree with Mike. I, I mean, I think it would be good to have it at the end of the season. It might be nice, or good, to have an idea, I mean, we know that the University's going to provide additional sorts of facilities, but it might be nice to sit down at the beginning or before the season starts. What's it going to look like, and then how did it go. Um, I don't think that that would hurt and it's, um, I mean, conversation is a good thing when we're talking about a community event. It impacts all neighborhoods, but this one most severely. Boothroy: I ... I have no problem talking to them again about (both talking) how that ... how what they're doing is going to look in terms of how many units they're going to be putting out there and exactly where they're going to be located, because we were talking, you know, basically kind of conceptual in terms of areas that they were going to put it, but they didn't ... we didn't talk about numbers or anything like that. Hayek: Do you think there's a role for the City in collaboration with the University on the deployment of resources, whether it's trash or restroom facilities in the area? Champion: Or police? Boothroy: Well, let me tell you what, uh, the City does. We ... we do clean up the street with a street cleaner, uh, after ... after game day. Uh, it's my understanding that, uh, if there is need to go down other streets with that cleaner, there are streets, uh, we do that too. It's up to the operator of the street... so the area that is in the... stuff that's in the street, does get cleaned up by the City. Uh, that's one of the things that we do. Uh, we do pick up trash on Monday, so, uh, as far as getting trash to the curb, uh, you know, the Monday pickup is helpful. It's not happening on Tuesday or Wednesday, so that's... that's good! Uh, I don't think, uh, I hope I won't get in trouble for this, but I don't think that if, urn ... if a neighbor puts out a trash bag that... additional trash bags, that they've used to pick up debris on game day, that they should have to get the dollar sticker, which they currently have to do. I don't think that's ... I don't think that's right. So I'll say that. Um ... but, uh otherwise, um ... you know, I think that's something that we'd have to talk to, um, you know, Public Works in terms of the logistics of that. I can't address that. But, we do need more trash containers along Melrose, the various streets. I think, uh, I think what the neighbors are saying is right on. The more opportunity the people have to dispose of trash, the less likely they're going to deposit it on the... on their lawns. The public urination is a more complicated problem, uh ... uh, in terms of how you would deploy that in the neighborhood. Mims: Doug, in any of your conversations with the neighborhood or in being around over there at all, do you have any idea how many properties in the neighborhood are renting out parking on game days, and so promoting the tailgating? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 15 Boothroy: Well, there are many. I just don't have a number for you. I mean, it's ... it's common, I would say it's common. I don't ... I just can't give you a percentage or a number. Mims: I think as we have this discussion if we're going to go deeper into this that plays a huge part in this. Um, you know, we've chosen at least at this point with the definition that staff is giving us is, in terms of tailgating and separating it as a "noncommercial" activity, obviously there is exchange of money for a place to park. I would call it commercial. It's different than the vending, obviously, that's going on on Melrose, and in saying that, don't get me wrong — I'm not suggesting that we start doing permitting for everybody who parks cars, but I think as we look at this issue, um, that we look at the whole picture if we're going to do this in that we're not blaming just the vendors for the problem. Let's talk about public urination and a lot of these other issues. I have to believe it is people who are tailgating back south of Melrose, and two or three blocks away, or further, and there's no porta - potties and ... or anything else, and so on their way to the stadium, after their food and beverages, uh, no place to go, and this is part of what's happening, as well as dropping whatever they're carrying, cans, food goods, etc., so I...I think, I'm pleased to see this list. I'm glad to hear that it sounds like the vendors feel comfortable, uh, with the permitting and the restrictions, um, but I think there's other parts of this that are a big part of the problem. Boothroy: If we're going to have further discussions about it, then we can look into, you know, whether or not there's a way to deploy more Porta - Johns, uh, in the neighborhood, urn ... I'm not, at this point, able to make ... could comment on that, because I'm not quite sure what the solution is, but ... but, uh, I agree with what you're saying. It's... it's... it may be the next step down the road, uh, we need to get this piece in place for next football season. It's going to help, uh, but uh ... the issue of some of these other issues that Jean has brought up, for example, uh, need further deliberation. Champion: And I would like to see (mumbled) discussion on, and the reason I asked my question is because I'm downtown on football Saturdays. I think it's gotten worse (mumbled) frankly it's (mumbled) was a mistake to hire him. He brought a lot of fans into town! (laughter) And ... I see the behavior of people downtown who are going to the football games, and after the football games, more ill behaved than they were before, and I think a lot of it is the alcohol - related, and I guess I'd like to know, if we're doing anything about policing those neighbors. I know we have police downtown, um (mumbled) arrest everybody who's inebriated, but I'm wondering if we have any way of providing some police, even plastic police would help, I think. I think people need to understand that what they're doing is being watched somehow. Boothroy: I know police are in the area, uh, but I don't know that they have the time to get into all the various areas. I've talked to Captain Steffen about that, and they're going to help us on game day with regard to the illegal vendors, because with This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 16 the ... they'll be able to determine whether everybody's got their permits when we're not around, but ... but, uh, you know, that's another discussion we have to have in terms of... if you're concerned about policing. I don't know the extent of... Champion: Are they on foot? Do you know ... oh, you don't know. Boothroy: I don't know. I just know they are over there (several talking) uh, as well as the University has ... has officers in the area too. Champion: Okay, thanks. Wright: I think this is just ... this is the first step. There's going to have to be some kind of a more comprehensive review, to use Ms. Walker's term, um ... and I'm ... also going to involve a lot of dialogue with all the parties involved. Hayek: Okay. Further discussion on this? Okay. Roll call, please. Item passes 7 -0. And I want to thank those who showed up tonight for your, uh, comments and insights. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 17 ITEM 4. PLANNING AND ZONING MATTERS. f) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC (P1). (REZ11- 00006). (PASS AND ADOPT) Bailey: Move adoption. Mims: Move adoption. Hayek: Moved by Bailey, seconded by Mims. Discussion? Wilburn: Mr. Mayor, I will be again abstaining, uh, due to a conflict of interest. I work for the Central Office of the Iowa City Community School District, of which this would be the future location if approved. Hayek: Any ex parte? Roll call, please. Item passes 6 -0; Council Member Wilburn abstaining. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 18 ITEM 5. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1207 MUSCATINE AVENUE. a) PUBLIC HEARING Hayek: This is in connection with the UniverCity Neighborhood Partnership Program. This is a public hearing. (bangs gavel) The public hearing is open. Public hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Bailey: Move adoption. Mims: Second. Hayek: Moved by Wright, seconded by Mims, or Bailey... seconded by Mims (laughter). Wright: Our voices are quite similar! Hayek: Yeah, yeah! Discussion, please? Bailey: Um, this is a beautiful house. I'm glad to see it's sold. I don't know how many of you got to see it when they were in open house, but it's just incredible what... what was done to this, so... Wright: It's an amazing transformation, and again, this has just turned out to be a terrific program. Bailey: It's a wonderful program! And the curb value as well as the inside. Champion: It's adorable! Hayek: Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 19 ITEM 6. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1551 DICKENSON LANE. a) PUBLIC HEARING Hayek: Uh, for the public's information, this has to do with a stray deed in the chain of title, and this is essentially a clean -up act. Uh, this is a public hearing and I will open it at this time. (bangs gavel) The hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Mims: Move the resolution. Dickens: Second. Champion: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 20 ITEM 8. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a) PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Thomas: Good evening, Council. My name is John Thomas, uh, a Northside resident. I, uh, submitted a letter to you all last, late last week. I hope you received it. Um, so I won't repeat those comments. I just wanted to thank you all again, and the City of Iowa City, for supporting this project. Um, it's probably been a very long time since the North Market Square was renovated, so I think we're ... we're really fortunate those of us who are living there now to see it go through this renovation. If any of you have any questions about anything I might have said, um, I'm here to answer any questions that you might have. Thanks. Hayek: Thank you. (mumbled) during the public hearing? Okay. I'll close it at this time. (bangs gavel) b) CONSIDER A RESOLUTION Karr: (several talking) Motion to accept correspondence. Wilburn: Move to accept correspondence. Bailey: Second. Hayek: Motion from, uh, Wilburn and seconded by Bailey. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. Wilburn: (mumbled) resolution. Bailey: Second. Hayek: Moved by Wilburn, seconded by Bailey. Discussion? Wright: It's nice to see this one finally getting off the drawing board, and it has been a long time. I think it was ... I was told it was over 40 years ago that this park was last upgraded. Bailey: And I think the design, um, that the neighborhood looked at contributed to really... really uses the park as it's being used now, which I really appreciate. It's This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 21 not this whole ... this big redo of it. It's acknowledging how people are using that park, and that park gets a lot of use. (mumbled) Hayek: Um, and the neighborhood should be commended for its active role in this. Your input was very valuable. Other discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 22 ITEM 9. AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION TO DISTRIBUTION MAIN, ARTICLE C, SECTION 3. a) PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Champion: I don't really understand this. Can you explain it to me, please? I meant to ask last night, but now to do it in public. Fosse: Sure! It ... it is kind of a complicated, uh, amendment. Uh ... basically what it gets at is ... is a better way, or options for better ways to bill, uh, bill the monthly water bills to multi - family dwellings that don't have a centralized, um, meter room. So that we don't have common access to the meters and the shutoffs for individual units. Currently, those are billed entirely to the property owner, and then the property owner needs to split that up amongst all the tenants. And ... and what this will do is ... is give us the opportunity to enter into an agreement with the property owner to bill the tenants directly. And in exchange for that agreement, we get access to get in and shut off the water when we need to. Cause that's... that's the root of the issue now is we don't have access to shut off the water when we need to. Champion: Okay! That's pretty simple. Thank you. Fosse: You're welcome! Hayek: Thanks, Rick. Further input from the audience? Okay, I'll close the public hearing. (bangs gavel) b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Wright: Second. Champion: Second. Hayek: First consideration moved by Mims, seconded by Wright. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 23 ITEM 10. APPROVING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING PROPERTY ACQUISITION PROJECT. a) PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) The public hearing is open. Is there anyone from the audience who would like to address the Council on this Landfill project? Hurt: I'm Roger Hurt. I'm the owner of this property that you're talking about acquiring. Uh ... I don't feel you as a Council really understand what is happening out there. Uh, and the only way that you would is if you would come out, and I would take you around there. I invite one of you, or all of you, to come out, cause you aren't gettin' the full story. That's about the best I can do. I ain't a good polished speaker or nothing like that. But I ... I'd like to have you all come out. One or all of ya! That way you can understand what is happening out there. Thank you. Hayek: Thank you, sir. You don't need to be a good polished speaker. We ... we appreciate the fact that you came down here. Rick, do you want to ... explain to ... to the Council and to the audience what this involves. Fosse: Sure! Let me get to a visual aid here for that. Here we go! Um, just to orient you on the drawing, uh, up here we have Melrose Avenue, here's Hebl Road, and this is the ... the current Landfill site here where the active landfill is occurring. We also own land over in this area. The crosshatched area is the area that ... that is, uh, on the agenda for this evening. There's approximately 17 acres there, and let me give you the background on this. This is a part of a project that actually goes back to the mid- I980s, and to frame that up for you, um, I'll go back even further to the early 1970s when we acquired the landfill site. It was around 1971. Uh, the first cells that were constructed out there were basically just holes in the ground. They didn't benefit from an impervious liner or a leachate collection system. Uh, so in the 1980s, uh, through information that we were gathering from monitoring wells, we knew that remedial action needed to be taken in this northeast corner up here to contain the leachate that was coming out of those old cells. And we did a series of projects to control the ground water there and ... and let me show you that the ground water travels roughly west to east there, roughly northwest to southeast through the site. So it's coming through here, and urn ... once those projects, well, I'm sorry — let me back up. What we did is on the upstream side, we put in a ground water cutoff tile to keep ground water from moving in to the garbage area, and then on the downstream side, we put a leachate collection tile to pick up the leachate that was coming out of the ... of the landfill cell there. And then, uh, we continued to monitor, uh, the ... the wells that we have on the property line there, and ... and we have done that ever since and each This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 24 year, uh, we look at that and ... and look for any trends that might trigger additional remedial action out there. And each year we report to the DNR and they review our findings and ... and no such triggers or trends have emerged, uh, but what has changed is the DNR has changed their regulations. They did this in ... in 2008, and those are coming into effect for us now, and those changes included the following. One is it requires more monitoring wells, more than we can fit on our property there. Uh, secondly, it requires testing for more constituents in the ground water than we were testing for, uh, third, it requires testing to lower levels, uh, lower contamination levels, and fourth, this is the most important for us is the new rules require remedial action any time that constituents are found at the property line. So there's no opportunity to monitor and look for trends, which is what we've been doing in the past. So remedial action is required for us in this northeast corner, because we do have, uh, constituents showing up in the ... in the monitoring wells that have been there since we completed the last projects. Uh, the way this will play out with the new DNR regulations is ... is we need to prepare a range of options for remediation. And our consultant is doing that right now. That'll be submitted to the DNR by November of this year. Uh, the DNR will review those, and then we will host a public hearing, to which we will invite the DNR, and ultimately, uh, the DNR will, um, pick one of the options, one of the remediation options, for us to implement, and once they do that, we have 60 days to begin implementation of that, and that's really the hard part for us is... is that 60 day window from when they say go to when we begin. So that puts us in a position where we need to begin property acquisition now for this situation. Are there any questions? Hayek: Any questions for Rick? Okay. Thank you. Fosse: Thank you. Hayek: That was helpful. Anyone else during the ... sir, would you like to ... did you want to address us again? That'd be fine. Hurt: (mumbled) polished speaker or nothing. It sounds like me and my family are going to be living with you farther down the road now, and I don't agree, but (mumbled) I guess. I'd like to have you meet my family. This is my wife here. She's probably a better wife than I deserve. My son there, Steve, he, uh, keeps (mumbled) over at Proctor and Gamble, and then my other son there, he works in combination with the University and the DNR. He sets up pollution sites around the state and monitors them. I still invites yous to come out so you can really see my side of the fence, what is happening. Thank you. Hayek: Thank you, Mr. Hurt. Any further, uh, input from the audience during the public hearing? Okay. I will close it at this time. (bangs gavel) b) CONSIDER A RESOLUTION This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 25 Mims: Move the resolution. Wilburn: Second. Hayek: Moved by Mims, seconded by Wilburn. Discussion? Dickens: Mr. and Mrs. Hurt, is there a time that you can give our City Clerk, a time and phone number when would be the best time to come out there, because if we do want to come out, we'd like to make it convenient for you as much as we can. So if you could give them your phone number and what times'll work best for us to go visit. I think some of us would like to come out. Hayek: You want to follow up with them, Marian? (unable to hear person away from mic) Okay! (laughter) Further discussion among Council? This is ... we don't like to acquire property but in my opinion this is, uh, part of, uh ... uh, operating facility like this and think a case has been made, uh, for why we need to proceed with this item (mumbled). Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 26 ITEM 14. CONSIDER A RESOLUTION DECLARING THE CITY OF IOWA CITY'S CONSENT TO INCLUDE CERTAIN AGRICULTURAL LAND IN THE SCOTT SIX URBAN RENEWAL AREA, AMENDMENT NO. 1. Mims: Move the resolution. Bailey: Second. Hayek: Moved by Mims, seconded by Bailey. Discussion? Bailey: Can we ... we saw a map last night but I think it would be helpful for people to see how we're expanding this area. I think it makes a lot of sense. I'm just wondering if we've had a lot of interest in this industrial park. Davidson: Yeah, here you see the area, the existing Scott Six Industrial Park is right here, to orient you. 4201h Street. Highway 6. Scott Boulevard. Uh, this is the City's new industrial park, and I want to very carefully not include this portion. This is a privately held, uh, small privately held piece of property that, uh, has been annexed into the City and so we're including it in the urban renewal area, but other than that square, the rest of this is our... approximately 175 acre, uh, new industrial park. Uh, to address Regenia's question, we have had, um, a certain number of inquiries, uh, the recent, uh, the recent announcement about the Natacom company, uh, possibly coming here. We're still in negotiations with them, but I assure you they have stated unequivocally that if we did not own this industrial park and had not set the infrastructure up to the point where it has been set up, they would not have come to Iowa City to even consider us as a location. So clearly having the industrial park here is, uh, getting us the results that we, uh, had hoped for. Once the economy picks up we hope we'll have even more interest, and of course the actions you're undertaking here are the first steps in establishing, uh, the ... the district, which would enable the funds to be used for economic development incentives. Bailey: Thank you. Davidson: Thank you. Hayek: Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 27 ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS. Champion: Move the resolution. Bailey: Second. Hayek: Moved by Champion, seconded by Bailey. Discussion? For the public's information, this is a Department of Justice grant, uh, of upwards of $53,000. Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 28 ITEM 19. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE IOWA CITY RAIL PORT PROJECT. (RRLG ST 11(04) — 9T -52) Bailey: Move adoption of the resolution. Mims: Move adoption. Hayek: Moved by Bailey, seconded by Mims. Discussion? Bailey: Think this is a further enhancement to that industrial park, and I'm really glad to see this (several responding). Hayek: Yeah, and for the public, uh, Iowa City has been awarded funds for 50% of the rail infrastructure costs, um, in the industrial campus, up to a million dollars and some change. Further discussion? Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 29 ITEM 20. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS PROJECT. Hayek: I will be abstaining from this, uh, vote. Uh, the recommended award winner is a client of my firm's. We didn't do any work regarding this project, but I think it's appropriate for me to abstain. Ross. Wilburn: Um, I'll entertain a motion for the resolution just announced. Bailey: So moved. Wilburn: Moved by Bailey. Mims: Second. Wilburn: Seconded by Mims. Discussion? Roll call. Uh, item's approved 6 -0 with Hayek abstaining due to a conflict of interest. Hayek: Thank you, Mr. Wilburn. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 30 ITEM 25. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY MANAGER'S OFFICE AND THE EXECUTIVE AND ADMINISTRATIVE PAY PLANS BY DELETING THE ASSISTANT CITY MANAGER POSITION (EXECUTIVE GRADE 34) AND ADDING AN ASSISTANT TO THE CITY MANAGER POSITION (ADMINISTRATIVE GRADE 31). Champion: Move the resolution. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Wright: Just point out that this'll save about $26,500... annually! Hayek: Good point! Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 31 ITEM 26. ANNOUNCEMENT OF VACANCIES. Hayek: (Reads vacancies) We encourage the public to apply for these commissions. They serve a great purpose for the community and ... and very much help out the City Council. Applications must be received by 5:00 P.M. Wednesday, July 13. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 32 ITEM 28. CITY COUNCIL INFORMATION. Hayek: We'll start with Mr. Dickens. Dickens: Nothing! (person speaking away from mic) Hayek: Uh, ma'am, were you here at the beginning of the meeting? (unable to hear person away from mic) Well, normally we, uh, limit, we have a time at the beginning of our meeting when we have community comment. (unable to hear person away from mic) Well, if you can limit your comments, I'll ... okay! ITEM 27. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). Hayek: Okay, so Item 27, community comment. Buss: I appreciate your consideration. Anna Buss. Um, I have some investors that have purchased 1102 Hollywood Boulevard. The property was a distressed property. I might add Hills Bank was more than willing to loan money in that area. We've put a great deal of time and effort into rehabbing the area. I absolutely invite all of you down to see what we've done to the buildings, but now I'm requesting, and I need your help. If you guys are so interested in rehabbing that area down there, then you need to get some more police help down there for us because Saturday night and Sunday night, we had a number ... my tenants are having problems with tires being stabbed all up and down Hollywood Boulevard, some on Taylor, and it's been a persistent problem. And we're having a lot of problems over there. And so if you want to clean up the area, we now need more police protection over there. A presence of them being there, after 5:00, would be greatly appreciated. We are ... I'm in charge of this project, and I can tell you, we have done new roofs, siding, doors, windows, everything to make it energy efficient for the people who live there. We are redoing each one of the apartments inside, everything. But now we need your help, and this is a nice apartment complex. I've managed it before. I was hired a number of years ago to clean it up because it had a lot of drug dealers and gang members there. And you know it's amazing, perception is absolutely everything! I invite you all to come over after 11:00 at night! And sit in our parking lot and see what goes on. Right across the street. There's a lot of traffic in and out of the Hacap property. I've complained about it repeatedly, and there are a number of other properties over there that have a problem, and they have call after call. I've talked to the police officers. We had a problem in our area Sunday morning, in our apartment building Sunday morning, that required a clear and present danger eviction this week. And so there ... it was left over, it wasn't my problem. I'd come back in, uh, starting in March, but these guys are pouring a lot of money into this area, and so as ... and I'm not afraid of the area, so we need your help. Welcome to our area. But I invite you all to come over there and see what we're doin' and we need your help, and we need more police over there, every single night! Not 9 to 5! 11:00 at night to 6:00 in the morning! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 33 We're going to put in security cameras, once the building, the exterior of the building is done. We're going to put in security cameras. It's going to be monitored 24/7 off of a computer, and I'm hoping that that'll help as well. But I am publicly asking you for more police protection. As well as some of the other neighbors have too. And I do thank you for letting me have a few minutes, cause I could not be here earlier. Thank you. Hayek: Appreciate the information. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011. Page 34 ITEM 28. CITY COUNCIL INFORMATION. Hayek: Okay. Item 28, City Council information. Mr. Dickens? Dickens: Nothing. Bailey: (mumbled) nothing. Um, before we meet again, we have Jazz Fest and our fireworks on July 3rd, after Jazz Fest, so I invite everybody to come out and enjoy that. It's a wonderful time downtown Iowa City, probably one of my favorite festivals, and I love the fireworks over Old Capitol. Can't be beat! So I'm glad we're doing that. Hayek: Mr. Wilburn? Wilburn: Nothing! Wright: Nothing! Champion: Nothing! Mims: Nothing! Hayek: I would only add that I think, uh, after a resounding success with Arts Fest, Jazz Fest has some big shoes to fill! (several talking) Bailey: You're in charge of the weather, right? (laughter) Hayek: Yeah! We'll get a proclamation out forthwith! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of June 21, 2011.