HomeMy WebLinkAbout2012-01-10 TranscriptionPage I
ITEM 2. PROCLAMATION.
a) Martin Luther King Day — Monday, January 16, 2012
Hayek: (reads proclamation)
Karr: Here to accept the proclamation is Iowa City Human Rights Commissioner David
Brown. (applause)
Brown: Good evening! Um, I'm sorry!
Hayek: That's okay! I've got to give this to you first! (laughter) Thanks a lot.
Brown: I just wanted to say thank you (mumbled)
Hayek: Now you've got to go back to the podium! Sorry about that! (laughter)
Brown: Let's try this again! Good evening, I'm David Brown. I'm a Iowa City
Commissioner, uh, and on behalf of the Commission we would like to say thank
you!
Hayek: Thank you. Thank you for your service! (applause)
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of January 10, 2012.
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ITEM 4. SPECIAL PRESENTATION.
a) MidAmerican to Fire Station #4
Dochtler: Good evening! Uh, I'm Steve Dochtler with MidAmerican Energy. I'm a key
account manager here in town, and we've been working with Fire Chief Andy
Rocca, who uh ... come on up ... on Fire Station #4 for their energy efficiency
measures. Uh, they've implemented several, uh, measures there on the new
building. Um, some of them are daylighting, a geothermal heat pump, uh,
occupancy sensors, uh, improved wall and roof insulation, and all these measures
have added up to a total of, uh, savings, electric savings, of 137,000 kilowatt
hours. Uh, or the equivalent of eleven residential homes. Uh, on behalf of
MidAmerican Energy, I'd like to present Fire Chief Rocca and the City with a
rebate check for $19,700 for their efforts at Fire Station #4. (several responding)
(applause)
Rocca: Mr. Mayor, uh, City Council, it's a pleasure to be with you again tonight and
accept this check on ... on behalf of the City of Iowa City. Uh, I think it's
important to note that as Miss Kumi Morris from our Engineering Division, uh,
pulled these entities together, and those entities would be, uh, MidAmerican
Energy and the White Group, and we all collaborated to come up with these
energy efficiencies, uh, incorporate them into Fire Station #4, and I think as most
of you know, Fire Station #4 is a beautiful facility. It's an energy- efficient
facility. We hope to bring you a gold LEED certification at some point in the
near future, uh, so I'd just like to pass my thanks on to Miss Kumi Morris, the
White Group, and MidAmerican Energy for this construction rebate. Thank you
very much! (several responding)
Hayek: Thank you! Thanks, Chief! Thank you, Steve. (applause)
Throgmorton: Andy, when Michelle and I take that tour of the... of the stations, please draw our
attention to the measures out there!
Rocca: Uh, you can be assured that I will! Thank you!
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ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: This is the opportunity at each City Council meeting for members of the public to
address the City Council on items that are not on the agenda. If there's something
you'd like to bring to our attention, uh, we invite you to step forward to the
podium. You need to sign in and also give us your name verbally, uh, and in the
interest of time and consistent with our policy at every City Council meeting we
ask that you keep your comments to five minutes or less. So if there's something
on the ... that you'd like to bring to our attention that's not on the agenda for
tonight's formal meeting, uh, please do so!
Ross: Hi, I'm Brandon Ross and uh, thank you for the Council to allow us to speak
tonight. I would like to start with just saying that we the people of Iowa City, uh,
who have represented, uh, the signature drive, uh, to protect our neighborhood on
Washington Street are against the bulldozing of three old buildings that have
historic viability, uh, that exist within that neighborhood, uh, for so many reasons
we are against it. We think it's bad planning. We don't wish to have a 33 -unit,
three- bedroom apiece, uh, unit thrown up there. A hundred more people. Uh,
all... traffic and such like that. There are 5,000 people who have signed, uh,
online or ... or hand -held petitions. Uh, that is more than any single, uh, City
Councilor on this panel tonight has gotten votes in their re, uh, respective
elections. That is more than, uh, than general ballot actions require and uh, it is a
substantial amount, it's a high percentage of people in this town are in complete
disagreement with this. Um ... 5,000 people signed this, uh, petition within six
days. There was no primary, uh; there was nothing in the papers to tell us to do
this. It just happened, and that there's something dreadfully wrong, and the
community feels that. The community is here. They do not wish, uh, for the
neighborhood as it is to be changed. It's one of the most beautiful parts of our
city. Several places in our city you could say that about, and you're basically
taking it down. We feel that the City, um, has abided by certain rules, but has
been basically uninvolved, or not involved enough, in the planning. Personally, I
think that there are other places where a building of this sort could have gone up.
Uh, you know, the City could have worked with other entities. Even things like
U.S. Bank, for instance, has that huge parking lot with 20 cars in it. Would have
been perfectly appro ... uh, perfectly appropriate to put something there. That
would have been creative. Uh, but to put things ... to take down these three
beautiful buildings, that have businesses in them, that were considered for historic
preservation, were considered at least — even though they did not go on the
Register — uh, these businesses that have operated both as ... these buildings have
operated as both businesses and residences, and have been, uh, good partners in
the neighborhood, should be torn down to be ... to have a ... to have this large
building thrown in there, uh, to us is ... is ... is not only distasteful, it doesn't work!
It's just plainly wrong, and we wonder ... most of us are in a state of irony about
this. What were people thinking when this all happened? So ... I just would say
that we ... we are ... we are completely, uh, in disagreement with this, uh, just
because a developer wants to come in and have his personal ATM machine over
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there to withdraw, you know, to make money off of all those people who are
living in those units. You know, I don't think that that makes it a right action. I
think that we have to preserve the historic precedence of our town, uh; we did
erect a statue of Irvin Weber that stands on, uh, Linn Street. I think that we do
stand for something in this town, and that when something is wrong, it's just plain
wrong, and you should as Councilors, uh, I've heard some, uh, people in the
Council say that they didn't agree with this. Well, I want you to stand up — we all
want you to stand up, and I'm sure more people will speak after me that, uh, will
give more information and more concerns about this. Thank you so much!
Hayek: Thank you, Brandon. (applause)
Rosenbaum: Good evening, um, citizens... I'll sign in in a second (mumbled) and I just wanted
to clarify one thing. Um...
Hayek: Could you give us your name first, please?
Rosenbaum: Oh, yeah! My name's Rebecca and I just wanted to clarify I ... I appreciated what
Brandon Ross said, but that's regarding something on the agenda later, is that
correct? Or are we supposed to speak to that now? I'm...
Hayek: If you're here to talk to us about Washington Street, the Red Avocado — that, that
section, now's the time to talk (both talking)
Rosenbaum: Oh, now is, okay, cause it was confusing when you said it wasn't ... okay! So then
I understand I only have five minutes. My name's Rebecca Rosenbaum and I
would like to state, first of all, that if I look familiar to you, Mr. Mayor, it's
because maybe you remember — you look like you do — we ... back when you were
a simple country lawyer, we hired you (laughter). I live in an old home and when
I bought it the realtor said I wouldn't park anything in that garage, and I said, no
problem, it's going to be a great garden shed. I want this house because it's got a
beautiful space right south of it. So I dug up my driveway and planted flowers...
because I wanted to look out my south window, from where I sat typing here in
the City of Literature, and look at flowers. Not at a car! Years went by and some
guys in white shirts who didn't look like they'd ever had their hands dirty came
and said, ummm, you've blocked the access to your driveway, and thanks to you,
you were able to find out that my house was a standing ... I always get pre ... pre-
existing condition which goes to health care, and standing nonconformity which is
to buildings confused. It seems the same, but thanks to you, you found out that
back in the 30s you didn't have to have room for two cars because nobody had
two cars. So having said that, I want to say that I would like to speak to
aesthetics. If this city has the gumption to call itself the City of Literature, it
means you are making ... we are making a statement for aesthetics! The opposite
of aesthetics is anesthetic. This is not really the City of Literature. It's really the
City of Healthcare because as many of you know, the Hospital is the number one
employer, not only in the city, but in this county. This is really the City of
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Healthcare Workers. I am pro- anesthetic, if somebody's going to do me a
procedure, but otherwise, I think in the name of aesthetics, in the name of what
inspires literature and poetry, we need to save the block diagonally across from
here and the, uh, near Northside. They're the only things beautiful. I have
deviated my previously route from downtown. Some of you are old enough to
remember when there used to be pretty things on Iowa Avenue. There used to be
a gorgeous building and some people put something ugly right in front of it,
before they even tore down that building. You know, just, um, east of the credit
union, and that monstrosity that's all connected used to be three cute little
buildings. It was an issue were they historical, even though they weren't rich
peoples, and I lived in one of them, and now they've been replaced by ugliness. I
don't take that block. Um, I plan my route around beauty, and I think the
buildings that there are, because of the food that's in them, because of the
businesses, because of the brilliance of digging out basements and making them
pretty, are beautiful! And, um, I'm not going to admit how long I've lived here,
then you'll know how old I am, but I too am an antique and this city is not really
writer- friendly. Um ... need to mention Kevin Olish, who died two days ago, who
was the friendliest person on this block, possibly in this city, and another reason
to walk that block was to stop in the Co -Op, but you know, he didn't ... never was
able to afford to live in a beautiful building. He lived in dwelling units which
sounds to me like something for people from robot land. I confess I am not from
here. I've only lived here half my life. I was born, and please give me like a four
minute cause the clock's back there. If you want people to be talking for five you
ought to have a timer up there, but anyway, I was born in New York, New York,
and there's a whole lot of beauty there. I walk around — there's gargoyles, stuff
like that. Um, the city has a lot of things that are seriously needed. It has become
more diverse, which is wonderful, but sad that the Synagogue is moving, and I
know ... I think you gave Connie Champion a look like `that doesn't belong on
now,' but I think the area needs to be looked at as a piece, and I was thrilled when
Professor Throgmorton, who I'm thrilled to have back on Court ... Council
mentioned `pocket parks.' I think the Synagogue is already partly landscaped and
it would be a fabulous pocket park and a quiet area, possibly with a really nicely
designed plague, not one on the ground, because these plagues that you spend
money on, about writer's, are there on the ground four minutes so we walk on the
writers, and the myopic amongst us can't read them unless you want to fall
over ... us to fall over and smash our heads and have to hire lawyers (laughter) so
I'd like a nice readable plague saying on this site there was a Synagogue for 62
years and Jews were a minority in Iowa, and something about us, and something
about the common patriarch we share with Muslims and Christians, two of the
many world religions. Maybe that park could be a quite space — no dogs, no rock
and roll —just a nice, quiet meditative space. So I am here to plead pro- aesthetic.
I'm wearing what is called a `poet shirt.' I haven't been published for a long
time, but I have ... great passion for the work that has been done serving food in
the Red Avocado, and the great beauty that has grown on that block, and in the
near Northside. Thank you, and one other thing, I must confess — in order to
leave my house I had to break an ordinance because my kitty got out. Can you
This represents only a reasonably accurate transcription of the Iowa City City Council
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please get rid of that cat's on leash law? I walk with a cane. They're faster than I
am. I can't help it! Thank you very much.
Hayek: Thanks, Rebecca! (applause)
Rosenbaum: I'm just writing my name and holding onto a cane, so step right up whoever's
next! Thanks again for helping save our garden!
Dieterle: I am Caroline Dieterle. Um, I've been reading about this in the paper, and I
understand that the City's position at this point is is that they can't do anything
about it because the zoning permits what was planned there and urn ... that
basically you have to keep hands off. Um, and I guess that I have a certain
amount of hope in the bureaucracy in the City of Iowa City, um, that somewhere
in the ordinances or somewhere in the red tape that exists in this City Hall there
will be something that can prevent the destruction of the houses on Iowa Avenue.
Where is bureaucracy when you need it? (laughter) The second thing that I
would like to say is, and I hope you will search and see what you can find because
you would be ... you would up your popularity rating across the city by about
5,000% if you could find some way to stop this out... outrageous monstrosity
from occurring. The other thing is that although I've watched development and
um, construction in Iowa City for quite a while, I've never heard of Allen Homes
before. And, this made me a little curious to know exactly who this corporation is
and where they are located. Um, and whether there is any local person that is
attached to this, uh, group. And that lead me to think that I wondered whether
anything has been done to ascertain that they truly have the financial capability to
carry through this project. Because the last thing we need is to have ravaged lots
across the street from the Co -Op, um, and near the downtown, in everybody's
view, that is partially finished, or even just a con... construction site. Um, that
would be the ... even worse than having them put a building on it. And the third
thing, in a way I almost hope that they've asked for TIF money, and that they
can't do the project without it, because then you'd have a good way of saying,
"No! You can't have this because this isn't a `brownfield.' This isn't an area that
needs to be redeveloped." I join everybody else in ... in ... thinking that, you know,
we're trying to get people to come downtown to shop and to hang out, and to... to
spend more of their time downtown, patronizing local, um, owned businesses, and
uh, basically helping keep the money local, and getting rid of things that are this
...this nice downtown in favor of a soul -less parking, uh, of an apartment building
is ... is wrong. Um, it isn't going to make people want to come downtown. And,
you know, the mere fact that I mentioned parking lot, that makes me think — I
suppose that he's been careful, or they have been careful, to ensure that they have
got every last square inch of parking facility that they need for this, and that they
are as many feet above the 500 -year flood plain as they have to be, and all those
things, which everybody else in town has to adhere to and since we're not needing
this development, there's no reason to give them a let -out clause. So please, look
at the realities of this situation and do anything and everything you possibly can to
stop it. Thank you.
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Hayek: Thank you. (applause)
Bradley: Hi. I'm Jason Bradley. Uh ... we own 505 E. Washington Street. Well, I think
the one property that's not coming down, uh, on that block right there, and I just
want to ... throw in with everything that's already been said, and I won't take a
whole lot of time, but I just want to express we've owned this property since
2005. We purchased it because of the sense of community and neighborhood that
that particular area of town delivers to this ... to this fine community. Um, I think
my wife, Suzanne, said it best. It appears that we're building a ghost town. We
keep taking down these wonderful structures and we put up these multi- you
know, rise apartments with commercial on the bottom, and we just can't lease
them out. The tax base is too high. Small businesses can't afford it, and they just
sit empty. And no ... the developers don't care because they're making enough
money to cash flow the properties from the apartments that are rented above. And
that concerns me, because I feel like we're losing our sense of community and
just as the previous speaker said, there ... we're starting to lose a sense of why...
why we have a downtown and why we have a community. I think that some of
the hid ... hidden treasures of many towns or cities are found in these historic
neighborhoods that were preserved and protected. Areas like Dinkytown in
Minneapolis -St. Paul. It's just beautiful up there where they've gone out of their
way to preserve these old buildings and ... and make wonderful commercial
establishments exist in those properties. I'd also like to, you know, go on record,
Nila Hogue, who sold those properties, was in the paper this morning, and I think
she's right. It ... it costs hundreds of thousands of dollars to keep those properties
at the status that they're at. Like I said, we ... we purchased a property of ours on
the corner there, um, in 2005 and we have put ... at least 100 if not 150,000 back
into that property, just to keep it where it is. And I know that ... and I'm positive
that, um, Allen Construction is doing everything that they can to stay within their
legal rights, and I don't ... even want to comment on that at all. It's well within
their rights to do that. I just hope that this could at least be a learning experience
for future planning. That we protect this community. That we protect these town
...this town, and we don't develop a ghost town. So thank you for your time. I
appreciate it.
Hayek: Thank you, sir. (applauses)
Cohn: Good evening, Council, my name Yale Cohn. I don't know if this is your first
Council meeting of the year, but it's mine, so I'd like to wish you all a Happy
New Year. To Rick and Michelle and Jim, congratulations on, uh, being the
newest, uh, elected members here. Like so many of the other people this evening,
um, many of whom I'm very fortunate to call my friends and neighbors, uh, I too
am, uh, concerned about the development on Washington Street. Um, far less so
about that specific property, uh, however, as I am to what I perceive it to be
emblematic of as a greater problem, uh, going on in the city. Uh, as Jason
mentioned, uh, that ghost town element, the overdevelopment of, um, properties,
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whether they have aesthetic charmed or not, or not, excuse me, is not as important
to me as, um, the loss of small businesses, and the opportunity, uh, for other local
Iowa Citians to create, uh, grow and thrive as the Red Avocado did, uh, their own
small businesses. Uh, as Jason mentioned, uh, many of these new properties,
which by code, uh, are required to have commercial space, uh, in the bottom
floor, those spaces are in fact empty, uh, due as far as I'm aware, to their cost -
prohibitive rents, unless, uh, just as they are, uh, primarily student housing, uh,
the businesses that can open there are, for instance, a liquor store, pizza places,
which cater of course to college students and ... and I certainly wouldn't begrudge
them, uh, either. My ... my love for beer and pizza is I think well known, but my
love for small independent, um, locally owned businesses of a ... of all variety is
also I think, uh, quite well known, and I think Dave and the folks at the Red
Avocado, um, really represented that, um, the best way it could, not just for
businesses, but I think they really put a ... a great face on the City of Iowa City as,
uh, as Dave mentioned, uh, his place was a popular stopping point for people
coming, you know, all across the country, traveling through, and those people
would come in to Iowa City to go to the Red Avocado, and they would shop at
other local businesses and, you know, contribute taxes and pay for parking in the
ramp, and to lose, uh, businesses like that, uh, I think's injurious, um, to the city
as a whole. Um ... as, you know, I'm really grateful that we do have these three
newly elected members to the Council, cause I think with Jim's experience in City
Planning and Michelle's experience with Planning and Zoning, as well as the
Board of Adjustment, um, that will bring a lot of insight and expertise, uh, into
looking at these things in the future, and I think Rick, uh, as a physician, um, you
know well that an injury, illness, uh, or infection in one part of the body will
affect, uh, poorly the entire body. And, uh, I think that's on some level what
we're seeing where we're losing, um, these properties to development, and I'll
say again, I'm certainly not anti - development. I ... I have, and I am also under no
illusion that these properties will not be, uh, turned over. I don't think there's
anything untoward, uh, going on in this development. I think it's unfortunate, uh,
but I also believe that people have a right to build, uh, apartment buildings and to
profit off of renting them and I've ... I've come before this Council before to
criticize what I thought were overly nanny -state decisions that were perhaps an
over... overreach of power or capricious, um, so I'm not, you know, I'm not
someone who looks to government for all solutions, but I think, you know, as I'm
sure many other people will come and speak this evening, I think there's a great
concern amongst the, uh, residents of Iowa City, um, who love this town as much
as I do and as I surmise all the rest of you do given your commitment to coming
on Council that there's a concern that, you know, we're reaching almost a
precipice. I had on my show yesterday a former city councilman. I had intended
to talk to him about his writing career, Larry Baker, but with everything that's in
the news we ended up talking about these things (mumbled) quite a bit, and he
told me that he, uh, decided to run for council for the first time cause he was upset
about seeing neighborhoods, uh, torn down to turn into student housing, uh, and
that was in 1981. So, this is a 30 -year- ongoing, uh, concern, uh, and I'd... I'd ask
and I challenge the Council and Tom, uh, to use their, um, powers as much as
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they can to look into ways that, um, the loss of this particular building, uh, need
not be in vane, and that uh, in the future, uh, working together with the
community and even with developers we can find ways, uh, that allow small
businesses to continue to grow and thrive in the downtown area, in the Central
Business area, uh, in such a way that Iowa City retains its ... its, both economic,
uh, as well as business diversity. Thank you, uh, very much for your time.
Hayek: Thanks, Yale. (applause)
Sylvan: For those of you who know me as the Book Lady, um, I am in fact Nialle Sylvan,
the owner of the Haunted Book Shop at 203 N. Linn Street. Um, I live in the
Glendale - Morningside Neighborhood. And I'm here tonight to talk ... perhaps to
dispel some concerns — I am a pro- business, uh, pro- development individual, who
has owned a business in Iowa City for the past seven years. Urn ... I moved here
to purchase the Haunted Book Shop and fell in love with the town, and love it
very deeply, and that's the main reason that I'm here to speak to you tonight. In
September of 2008, the landlord that I had at the existing Haunted Book Shop
passed away; new owners decided to sell; my lease was not going to be renewed.
I was told that I would need to find a new premise, or I would need to buy the
building. $500,000 was outside my means at that time, so I looked for additional
premises. I looked at six potential sites, beginning in September of that year.
Five were unfinished inside, three of them were well outside of pedestrian traffic
areas. Three of the five would not be available until summer. One had its own
parking, but with ... the building was up for sale so actually it wasn't really
available. The sixth was too small and had repair issues, including water damage,
which terrifies the crap out of book dealers. Um, but might have been feasible if
the rent had not been three and a half times what I had been paying at my first
location. All six of the places I looked at cost between two and a half and six
times what I had been paying on five ... at 520 E. Washington Street, immediately
across from the property in question. Luckily for me, luckily for the Haunted,
luckily for the people who love the Haunted, a special opportunity arose as the
... as a result of the collaboration between Northside Book Market, Real Records,
and Hodge Property Management, who all came together to give me an
opportunity to take over Northside's space. Had they not given me that
opportunity, I would be on the same list as the Fun Zone, the Vortex, Gypsy
Magic also known as Rocky Creek, and the number of other businesses who have
specifically cited rise in commercial rents as the reasons they were not able to stay
in business, just since I arrived in 2004. It's important to note that I had two
months' to prepare for the move following the opportunity that I received. Even
after preparation, it ... starting on January 1st of 2009, took a team of 25 people
willing to work from 7:00 in the morning until midnight or later, many of them
taking time off from work, using their personal days, some of them loaning large
vehicles, doing construction work, moving heavy boxes, heavy fixtures. 31 days
after which they had to go back to work and school, and I continued to work until
February 24t ", same hours, to move a 25,000 volume bookstore. This is why I
feel that 30 -days calendar notice beginning immediately before a holiday
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weekend to a bookstore is inadequate. Urn ... I have no doubt after my
extraordinary experience of the volunteer capacity of Iowa City that..Iowa City
will spring forth volunteers to help Mr. Delzer move, but I don't doubt that he
could probably use another 30 -days notice, before the building is demolished.
Um, I can't even begin to imagine what it's like for a restaurant since they have to
have kitchens approved by agencies. This is outside my realm of expertise. I'd
also note that the cost of moving, including utilities, gas, truck rentals, supplies
set up, and redundant rent came to about $18,000 so that you have an idea of what
we're talking about. This is not a small amount of money for any business. Let
me also address a concern that I have as an entrepreneur. Number of retail spaces
in high -foot traffic yet still low -cost commercial areas is declining very quickly in
this town. In part because of new developments with higher rents and in part
because the rents around them begin to rise. Um, even knowing what I now know
about the unbelievable support I could actually start turning around and pointing
at people in this audience who have shown up to volunteer at my bookstore when
I needed them. Even knowing about them, I would have to take a look at high
rents, unattractively uniform development appearance, uh, recent failures of so
many well - established, old, and in many cases still lamented businesses. The
recent economic development survey that found that what Iowa City needs is a
Crate & Barrel. Um, ongoing city support for high -end establish retail, um, but
I'm not seeing as much city support for the development of properties that could
be used for small start-ups like myself. Um, I would have to come to the
conclusion that Iowa City is not a good place to start a business. My concern is
for the future development of Iowa City for spaces to accommodate both the high -
end growth the city would like to see, and the start-ups. My story, the Haunted
Book Shop story, is a success story. After just seven years here, I contribute...
actually six figures now annually to the Iowa City economy by paying six new
employees, sourcing most of my products and supplies locally, renting from a
very good local developer — Hodge Properties. Um, paying my taxes on my home
which I have purchased here, and my mortgage to a local bank, as well as
contributing substantially to local charities, helping local disabled people to find
work in my store, and other efforts. Local businesses besides having the immense
local support are good for our city. We need more development. We need more
development that would provide us with locations in which to start and to
succeed. Why am I telling the City this? I think you need to know what
challenges face the two businesses that just received extremely short notice that
they needed to move, because I think you need to know how the (mumbled)
commercial rental prospects look to an entrepreneur. I think you need to know
that Iowa City's support for local businesses is in fact so high, no matter what the
economic survey told you, that 25 people would spend what would be a normal
January, very, very cold and slushy, moving a 25,000- volume bookstore for free!
Urn ... and I say it mostly because I would like you to look at this petition. I have
356 paper signatures that I've collected so far, signed by people who are in Iowa
City over this holiday, and the 4,300 -and some signatures that were on the online
petition before I left, um, to come to this meeting.
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Hayek: You're going to need, I'm sorry, you're going to have to wrap up. You're...
you're up on your five minutes.
Sylvan: I have two sentences left!
Hayek: Okay.
Sylvan: Okay, uh, in the span of just six days, these signatures came together. It sounds
like the City of Iowa City, its citizens overwhelmingly support the Red Avocado.
The petition says that the people signing it support development that is in keeping
with the neighborhoods, um, and that would be appropriate for businesses like the
Red Avocado, Defunct Books, and other potential independently locally owned
businesses. I think the City needs to know that the support for Red Avocado and
businesses like it is a priority for both citizens and visitors. You will notice on the
online petition, uh, signers from as far away as New Zealand. Some of them
specifically state that they are tourists who like to come to this town because of its
character, and I would ask the City to review its future development plans for an
Iowa City where business owners and at least these 5,500 people would like to be.
(applause)
Hayek: Thank you.
Klein: Good evening! I'm Garry Klein from 628 Second Avenue, and it's been a long
time since I've been in front of this group. In fact, uh, I see one of the people I
voted for up there so ... it's good to see, uh ... so the reason I'm here tonight is a
little different than I think the folks you've heard from before. I want ... this is,
this is sort of a personal thing for me. Dave Burt and uh, the good folks at the
Red Avocado have ... have been very good business people in this community,
small business people to be sure, but they've been an asset to our community and
they've been doing this since about 1999 as far as I'm aware. Um ... but ... I had a
conversation with, uh, in passing on the sidewalk and ... and mentioned this to one
of the Council Members and they said, well, you know if they just had a lease. If
they, you know, things would be different, and I... and I got to thinking about
well, who is this person we're talking about? This is Dave Burt. He's a guy who
treats people well, whether he's just met you or he's ... you've eaten at his
restaurant a hundred times. He's a good guy is what I'm getting at. Um, he did
business ... he does business mostly on a handshake, um, many of you do that, I'm
sure. Uh ... and he takes people at their word. Unfortunately the situation that he
finds himself in is different and I guess what I wanted to say is that as ... he's the
kind of person that we all are proud to know. He's a good human being. But I'm
not sure really what can be done for him. I do know this, that when Bruegger's
burnt down we sent the City Fire Department and the Police Department and...
and the Red Cross showed up and all kinds of folks came down to be supportive
of a business truly in peril. The only difference here is the ... the bulldozers that
haven't shown up yet. And we have an opportunity to be helpful to this person.
Again, as was outlined earlier, he wasn't given a lot of notice. How many of you
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would ... what would you do if you had to relocate your businesses in 25, 29, 30
days? All I'm saying is that if there were something called a Better Business
Bureau for businesses, I ... I feel like, uh, they ... the folks who Dave is trying to
negotiate with, um, they're not being very good business people, and I think that
our city sometimes has to step in when the little guy's getting stepped on, and I
think in this case a really good little guy is being stepped on, so I ... I hope that
there's something that the City can do in its infinite, um, wisdom, and hopefully
exerting a little bit of power to make things better in this particular case. Thank
you very much.
Hayek: Thanks, Garry. (applause)
Kuenzli: My name is Cecile Kuenzli and I've lived in Iowa City since 1970. Um, earlier
this evening, and again at this session, we've heard that what we are faced with
here is a problem of zoning. And earlier tonight Bob Miklo said that in 2005 an
effort had been made by the City to downzone the Washington Street area there,
uh, concerning these properties, but that property ... it failed when property owners
were, uh, unsupportive of the effort. Well, there are times when the personal
profit motive doesn't correspond to what is in the best interest, long -term interest
and well -being of the city. As Jeff Davidson pointed out earlier this evening, you
folks will write the rules and set the direction that the City will go. I urge you that
when you're reviewing the zoning codes that you will take the long view and that
you will dare to enact ... act and enact in the best interest, long -term interest, of the
city as a whole. Create transition zones between commercial and residential
districts, and enact rules with teeth that will protect what is left of our traditional
neighborhoods. Years ago a lot of people worked very hard to make College
Green into an historic district, but now that effort seems to have been in vain as
this project threatens its integrity. Thank you. (applause)
Hayek: Thank you for your comments.
Delzer: I apologize that I'm, well that I'm tall and also I'm going to read this. Hello, my
name is Gregory Delzer and I live on Kimball Road in Iowa City. I'm the owner
of Defunct Books, which is currently located at 521 E. Washington Street, above
the Red Avocado Restaurant. I first visited Iowa City in the summer of 1990
when I was 19 years old. I took a bus from Laramie, Wyoming, where I was
going to school to attend the Iowa Summer Writing Festival. I returned in 1992,
and again in 1995. Not only was I exhilarated by my experiences at the festival
but I grew to love the city. I love the beauty of the campus with the Iowa River
flowing through it. I love the pedestrian mall. I love Prairie Lights and Rag
Stock, and Whitey's, and the Mill, and the Haunted Book Shop, all places which
were a unique and memorable event as they are now. I moved to Spokane,
Washington, in 1998 to attend graduate school and purchased Defunct Books in
2003. The store, then named Inland Bookstore, had been a fixture in Spokane
since the 1950s, and I'm the fourth owner in those 55 -plus years. In 20071
decided to relocate the bookstore. I had the opportunity to move the store
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anywhere in the United States. Ultimately my decision came down to either
Portland, Oregon or Iowa City. I chose Iowa City. And the reason it won out was
the uniqueness of the city. What impressed a 19- year -old college student still
impressed a 36- year -old small business owner. What impresses me less is the
idea that these new developments will be a financial boon to the City. While it
may be true that these buildings will provide the City an increased tax base, as
Senior Planner Robert Miklo stated to the City Manager in his memorandum of
January 5, I don't believe the financial impact of uprooting these two small
businesses has been fully understood. I don't wish to speak for the Red Avocado.
Dave's here to do that if he'd like, but I hope the owners of the Red Avocado
don't mind if I speak about the restaurant. Both businesses are locally owned and
pride themselves on giving back to the community. Both businesses source their
inventory locally. In my four and a half years in Iowa City, I've pumped nearly
$80,000 directly into the community through the purchase of inventory. The
owners of the Red Avocado source much of their ingredients locally through the
support of local farmers. In addition, the owners of both businesses pride
ourselves in supporting local, independent businesses, so our profits are also
funneled back into the community, which is then cycled back through these
businesses' profits. We're both sponsors of the local roller derby team. Finally,
the owners of both businesses believe in paying livable wages to our employees.
The Red Avocado does a better job of this as I only have an additional employee,
while they provide multiple jobs, but the ethos is a shared one. The Red Avocado
contributes to a wide variety of local causes and charities through their series of
benefit dinners. Um, we have contributed to the University of Iowa Student
Health Fair, Friends of the Animal Center Foundation, the Shelter House, and to
the rebuilding of the Alpha Chi Omega sorority house, amongst others. It's not
just the historic buildings which give this neighborhood its character, and when
these small, independent businesses are harmed due to a developer holding to the
letter of the law, the city suffers. I was given the indication that we would ... we
would be given 60 days to move, at least. Receiving instead a 30 -days notice to
vacate has put me in the position of having to decide whether this city is still in
my best interests. I'm not sure what the City Council can do regarding the
pending demolition, but I do worry that Iowa City may be losing some of its
character that initially was such a draw to me and many like me. Thank you.
(applause)
Walters: Hi! I'm Jim Walters. I live at 1033 E. Washington Street. Uh, I'm in my second
incarnation as a resident of Washington Street. Forty years ago I lived at the...
apartments in the 700 block across from the Kappa Kappa Gamma house, so I'm
a long time resident of this area. I actually, uh, remember when this block was a
residential block and there were actually houses across the street here and, uh, a
small restaurant right across the street, um, when I was in high school. Uh... and I
don't think any of us, uh, if you live in a place long enough you come to accept
change. Change is going to happen. Things are going to evolve. Cities have a
tendency to grow out, and they have to grow ... have a tendency to grow up, and
um, growth can be a good thing. Um ... but you ... but you want to be attentive
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to ... to what you can protect. Um ... if we talk about things in this neighborhood,
um, there've been some horrific losses in ... in our neighborhood. Some houses,
uh, some buildings, uh, that you look back on and you say, wow! You know, why
...why did we let that go, I mean, I remember one on the, uh, the 700 block on the
northeast corner of...of um, College there. Uh, a house that was torn down
overnight because they knew that if they tore it down in daylight that people
would come after them with picks and shovels. So it went down at night. Uh, I...
Fox Mansion? Help me, somebody! Remember there was a Fox Mansion? Um,
beautiful building! I hate to see Agudas Achim leave our neighborhood. I ... I
think this is a huge loss ... for our neighborhood! I was worried about, uh ... uh,
the, uh, Christian Science building on College. Luckily we got somebody in there
on that building, uh, to maintain it. Um ... huge loss across the street! Uh, Nancy
Siberling when we had the for the parking ramp. Um, and ... and Nancy
had an acute sense of aesthetics. Walked us down! Walked us down the street!
We were down ... we had a meeting downtown. She said, she said ... don't do this!
Don't build this parking ramp, the blue one, across the street, she said, put it
behind the Rec Center. She said, when you put it where you're putting it, you're
wrecking all of the site lines. You're wrecking all the aesthetics of this bowl
neighborhood, and everybody just kind of said, oh, you know, who is this
woman? (laughter) And it was a terrible mistake, uh, we've ... the ramp should
... should be south of the... south of the Rec building. Uh... so ... I don't know. I
haven't seen the plans for the new building. I can't criticize it because I haven't
seen them! Uh, my suspicion is a four -story building here is totally inappropriate,
uh, I ... it's hard for me to imagine a four -story building where Agudas Achim is.
Uh ... I can't imagine a four -story building in that site. What ... what bothers me as
a long -term resident of this neighborhood, and I've ... I ... I was involved in
originally moving the Co -Op, uh, as a member of the Co -Op I was on the
committee that moved the Co -Op from South Gilbert Street, 529, over to 20...22
South Van Buren. Uh, and urn ... I lost my train of thought there. I'm sorry! Um
...yeah! I'm ... I'm doing a Rick Perry (laughter) (several talking) Yeah, one, a
two, a three, but at any rate ... at any rate ... you know, no, here's what ... here's
what I wanted to say, Jim, here's what I wanted to say about the Co -Op. You
know what, and I served on the board of the Co -Op, and what ... what's
bothersome to me is we are told constantly when we were on the Co -Op that we
couldn't do anything, you know, we were hamstrung by the zoning, but yet here I
sit in my neighborhood and people are doing all kinds of things and don't seem to
be hamstrung by the zoning at all! They can go up, they can do this, they can do
that, and uh, across the street at the Co -Op we're told you can't do anything
because of the zoning, you know, you have no alternatives but to just do
whatever, you know, what you've got now. Um, so ... I guess, you know ... we
need to come up with some consistency here! We ... we seem to, there's some real
inconsistencies in ... in our community and ... and what we value, you know.
What ... what do we value, uh ... you know ... the former owner of the properties on
Washington Street said she was just waiting for ... for our crummy little building at
the Co -Op to be, uh, demolished and so something more appropriate could be put
in, and I thought, wait a minute! Wait a minute! This is my food store. This is
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Page 15
where I shop. This is the building that I want to, uh, you know, to be buying my
food in, you know, until I can't, you know, get down the street to get it anymore.
So, urn ... my, you know, I ... I don't know how to convince you to do the right
thing on these particular properties, but ... but we need ... we need to rethink this.
We need ... we need to get some control over what's going on here and, uh ... this
is a good place to start! Thank you. (applause)
Hayek: Thanks, Jim.
Burford: My name's Helen Burford. I live at 528 E. College. Um, my father -in -law,
Byron, who died recently, came to Iowa City in 30...1937, and he never left. He
spent the last 42 years of his life at 113 S. Johnson, which faces the park and is
less than 200 feet from this new development, and over ten years ago I returned to
Iowa City with my family to take care of Byron and Kay, and we bought the
house on the corner of College Street, and saved it from being a rooming house.
Um, and many of you know that I've had, uh, personally invested myself in
championing older neighborhoods in Iowa City, working with Friends of Historic
Preservation. So I actually I find it rather ironic tonight for me to be talking to
you this, but ... I really want to ask the question of what resources will you be able
to put behind solving this crisis that we currently have? It's my understanding
that in only two weeks, Hunter Parks will be back with plans for the property
where the temple, um, Agudas Achim is contemplating moving from. While we
might not be able to address immediately what's happening on Washington Street,
there is a glimmer of hope for potential to put some resources behind addressing
what is on the near horizon. And, I was hoping that you might focus on that and
give us some hope and assurances that our properties, like mine on College
Green, have a glimmer of hope of still remaining the single- family dwellings that
they are today.
Hayek: Thank you, Helen. (applause)
Cox: Hello, I'm Jeff Cox. I live at 112 S. Dodge on the park, and I ... I'm not sure what
the rules are and what I can address, but I understand I can address issues that
weren't on the agenda or...
Hayek: Yeah, talk about the Yankees if you want as long as (both talking) (laughter)
Cox: Sorry! What'd you say?
Hayek: You can talk about the Yankees if you'd like, as long as it's not on the agenda!
Cox: Okay. Not (mumbled) the Hawks game tonight, which I encourage people to
avert their eyes (laughter) but the, uh ... uh ... l, we bought our house in 1980 in
which of the four surrounding houses, three were owner - occupied. And they've
now, none of them are owner- occupied., uh, except ours. Uh, and it ... it's a
problem, and the problem is a density problem. The owner- occupiers don't want
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to buy houses when there're drunks on the street. I mean, that's just ... that's just
it, but there's also a traffic density problem. I mean, a friend of mine who lives
on Summit Street who walks downtown, uh, every day and back to Summit Street
was just hit as he crossed College Street, over to, uh, walking downtown from...
from Summit Street. He got a ticket; it was his fault, but uh ... there's ... there's a
lot of traffic on that, and if...if um ... I understand that ... that it's not possible to do
anything about the Washington Street development, which is going to make both
the street problem and the traffic problem worse, but surely it's possible to do
something about the synagogue site. I mean, I really think it's just not right to
raise the density on that site. Uh ... the ... the surviving owner- occupiers in this
neighborhood are going to be greatly damaged if... if exceptions are made for
more automobiles and more street traffic from that site. And I hope you'll keep
that in mind when you ... when you consider this. It's ... it really is, we've done
our best to hold out, a lot of us as owner- occupiers in this neighborhood. We...
we, I mean, this is a kind of foot note, but all of the houses around us have been
sold, uh, to absentee landlords who put one person per bedroom in and then the
City came in and said, oh, we're going to change it to only three, um, related
people per house, which cut the value of our property by 25 %, just like that,
and ... and it's like, sucker, you should have gotten out earlier! You know, we...
we need some help here if we're going to maintain some diversity in this
neighborhood, and I hope you'll keep that in mind when you ... when you consider
the rezoning on the synagogue site. Thank you. (applause)
Hayek: We have ... we have time for ... for five more minutes of comment, until 8:00, at
which time we have to move on with the register... rest of our agenda. We will
have time at the end of the meeting, if you want to stick around, uh, for some
additional community comment. I will say this, because all of these comments
are going to the same concerns and the same street, that we had a work session
earlier tonight, uh, during which the Council expressed its concern about this and
other trend ... this, uh, situation and ... and trends elsewhere in the community
and ... and we've instructed our staff to undertake a ... a thorough review of zoning
and other issues as they relate to our established neighborhoods. You'll read
about that probably in the press tomorrow, um, but I ... I do want you to know that
because we can only go for a few more minutes before we take up the rest of our
agenda and ... and many of you may not be able to stick around for the balance of
the evening.
Clark: I'll make this quick! My name is Sarah Clark and I'm reading a letter ... an email
that, uh, my friend Joan Jehle of 1167 E. Jefferson Street sent to, uh, Mr. Allen
and she asked that I read it here tonight. Um, and that's Allen of Allen Homes.
Your intent in coming to Iowa City a short time ago seems to be to make over the
entire cent ... center of this community. In Texas you may demolish, but in Iowa
City we recycle. The early 1900s homes which sit on the three properties in the
500 block of East Washington Street deserve better. They have survived many
changes in this community and they deserve to live on. I understand that you own
the three properties and that the zoning is correct for what you plan to build there.
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Page 17
I further understand that the Red Avocado had no lease. Perhaps the bookstore
didn't either. I'm sure you are within your legal rights to evict the tenants at will;
however, in this community we treat each other as neighbors and friends. Dave
Burt expected to be treated in that manner. I offer the following two suggestions:
whether Dave Burt decides to relocate the Red Avocado or not, he deserves to be
compensated by Allen Homes for the disruption of his business. The bookstore
owner deserves the same. The property at 821 E. Jefferson Street, the Old
Medical Associates building, is for sale. I recommend that you recycle at least
two of the Washington Street houses to the east Jefferson Street location, that is a
distance of five or six blocks at most, and yes, I understand that they would need
to be elevated since that area is in a flood plain. If an Iowa moving company can
move the Czech and Slovak Museum in Cedar Rapids, moving two houses to a
nearby location would be a piece of cake. Yes, it would require working with the
realtor for the Jefferson Street location, but if you must demolish, let it be the
Medical Associates building. In the neighborhood meeting regarding the zoning
change for the Jefferson Street property, the neighbors were asking for this just
kind of housing, older looking homes that would fit into the neighborhood. Mr.
Allen, you can still salvage your plan for the 500 block of Washington Street and
make friends within the Iowa City community by following my recommendations
above. Thanks for your consideration, Joan Jehle, 1167 E. Jefferson. Thanks!
(applause)
Dochtler: Hello again, uh, it's a bit awkward of a transition, but I'm just going to take a
couple of minutes just to re ... reintroduce another role that MidAmerican has, uh,
we are ... we are community contact volunteers. We're employees of
MidAmerican that also on the side volunteer in the communities that
MidAmerican serves. We're here to, uh, relay any concerns, any issues, um, any
topics, uh, answer any questions you might have, and also be, uh, a support
person in the community, um, we also have a grant that we have available every
year that we'll be giving out, um. ... Councilor Michelle Payne had this, uh, prior to
her election, uh, so I'm just here introducing myself as that person, uh, from here
on out. Steve Dochtler. Um, Marian has my information. I also have business
cards. Kumi has my information if you need to get a hold of me. I'm also in
Iowa City at the Lower Muscatine office.
Hayek: I suggest you send a letter or an email to the Clerk that can be included in the
public information packet, uh, so the public has that going forward, and the City
has that going forward.
Dochtler: Okay!
Hayek: Thanks, Steve.
Dochtler: Thank you!
Hayek: Can you do one more, uh, Shari?
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Degraw: My name's Shari Degraw and I live at 519 Brown Street, and I wrote a letter so
it'll be short. Dear Council Members, never again is now is a phrase recently
stated in regard to the planned demolition of the three historic structures on the
500 block of East Washington Street. I urge City Council to prevent the loss of
more historic structures in the central business district and impose greater
limitations on the height and scale of new buildings bordering historical
residential neighborhoods. I grew up in a place that traded its historic downtown
for progress. A large cement mall was constructed in the 1970s and it's failing
now because it's ugly, uninviting, and because two towns over a historic
downtown exists with charming buildings and cute shops. Excuse me! (laughter)
I would be...it would be in the best interest for the City of Iowa City and Allen
Homes to find a way to compromise according to the suggestions in Jim
Throgmorton's letter to City Council dated January 5th. The largest building size
available for this site is in conflict with the City's intention to maintain historic
neighborhoods. As with their previous building proposal for Linn- Bloomington,
Allen Homes would like to derive the benefits of building in a historic
neighborhood without contributing in a way that makes historic neighborhoods
function well. Building out of scale and next to single - family homes will only
cause neighboring homes to become less desirable to home ... to owner occupants,
renters, future home buyers willing to maintain his ... and future home buyers
willing to maintain historic buildings. Thank you.
Hayek: Thanks... thanks, Sheri (applause). Okay, at this point I'm going to close the, uh,
community comment for now. We're going to take up the balance of our agenda
tonight, but at the end if you want to stick around, uh, we'll ... we'll continue to
hear people out, uh, not indefinitely, but as late as we can go. (laughter)
Karr: Motion to accept correspondence.
Throgmorton: So moved.
Champion: Second.
Hayek: Uh, moved by (person speaking away from mic) just a second! Throg ... (person
speaking away from mic) I cannot tell you because we have an agenda and I don't
know (both talking) it could be, but we're not ... (several talking) yeah...
Karr: We're not picking up anything that's not at the microphone. So I mean I just
want (several talking)
Hayek: Okay! I cannot tell you when we'll get back to community comment because we
have an agenda to ... to deal with. That's the short answer. Okay, there was a
motion from, uh, Throgmorton, seconded by ... Champion to accept
correspondence. Discussion? All those in favor say aye. Opposed say nay.
Motion carries. Okay.
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ITEM 7. PLANNING AND ZONING MATTERS.
a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JANUARY
24 ON A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO
CHANGE THE BOUNDARY OF THE NORTHSIDE MARKETPLACE TO
EXCLUDE PROPERTIES LOCATED AT 228 & 232 BLOOMINGTON
STREET AND 311 & 313 LINN STREET.
Payne: I'm going to (both talking)
Hayek: Oh, yeah! That's right.
Payne: ...recuse myself for ... for all of the items in Item 7. 7a through 7g (mumbled)
Hayek: ...on Planning and Zoning earlier, that's right. Okay.
Payne: Yes.
Hayek: (reads item 7a)
Mims: Move to set the public hearing.
Champion: Second.
Hayek: Moved by Mims, seconded by Champion. Discussion? All those in favor say
aye. Opposed say nay. Motion carries 6 -0, Payne abstaining.
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ITEM 7. PLANNING AND ZONING MATTERS.
b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
JANUARY 24 ON A RESOLUTION AMENDING THE
COMPREHENSIVE PLAN TO CHANGE THE LAND USE
DESIGNATION FROM OFFICE COMMERCIAL TO HIGH
DENSITY MULTI - FAMILY FOR PROPERTY LOCATED AT 821
E. JEFFERSON STREET.
Champion: Move to set the public hearing.
Dickens: Second.
Hayek: Moved by Champion, seconded by Dickens. Discussion? All those in favor say
aye. Opposed say nay. Motion carries 6 -0, with Payne abstaining.
Throgmorton: Could you clarify, uh, how this, uh, process of just setting public hearings relates
to what we've just heard? Could you clarify that for people in the audience?
Hayek: Well ... not sure, I don't know what you're getting at.
Throgmorton: Well, I guess I ... maybe I'm wrong, but my guess is that some people in the
audience might have thought that they were objecting to a lot of high density
development that was being proposed in town, and now we're setting a public
hearing to, uh, approve a certain project and it's only setting a public hearing.
Dilkes: Right, there's no substantive action being taken. You're just setting a time for the
public to be heard.
Throgmorton: That's... that's all (mumbled)
Hayek: (both talking)
Dilkes: ...and the applicant (both talking)
Hayek: Okay.
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ITEM 7. PLANNING AND ZONING MATTERS.
d) REZONING 4.3 ACRES OF LAND LOCATED AT 1920 PRAIRIE
DU CHIEN ROAD FROM LOW DENSITY SINGLE - FAMILY
RESIDENTIAL (RS -5) ZONE TO RURAL RESIDENTIAL (RRl)
ZONE (REZII- 00019)
1. PUBLIC HEARING
Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Uh, has anyone
had any ex parte communications (mumbled)? (several responding) Okay. Jeff.
Davidson: Good evening, Mr. Mayor, and Members of the City Council. I'm Jeff Davidson,
the Director of Planning for the City. As the Mayor has indicated, uh, you have a
rezoning, uh, application before you this evening. The applicant is Gregory and
Lorie Ginneberge. I apologize if I'm mispronouncing that name. The proposal is
a rezoning from RS -5 to RR1 and the purpose is to change the zoning of the
property so that the residence may keep a horse on the property. Uh, a little bit
different request than we've had in the past. There're actually two properties, and
you see them here. Uh, just to orient you, uh, this is Prairie du Chien Road here,
uh ... Interstate 80. Excuse me ... Interstate 80 here. Urn ... I guess that gives you a
pretty ... you can see that the, uh, the property butts up against the right -of -way of
the interstate. Um, there are a couple of things which we'll address in a moment,
uh, in terms ... in terms of constraints to this property. It is an area of significant
topography, uh, the zoning ordinance, uh, does not allow development within 300
feet, uh, of the interstate, and there is also a significant pipeline that runs through
here, which obviously has an easement that does not allow development to take
place over the top of it. Uh, so you can see there, there's actually two properties,
uh, the size, the total size if 4.3 acres, and as I mentioned, the existing land use
and zoning is RS -5. I believe ... yes, I have an aerial. You can see, uh, the
existing residence, and there is also a 30 X 45 metal pole building at the rear of
the lot, and you can see the other lot, uh, 1880 does not have any, um ... any
buildings on it. Uh, in terms of the zoning and the comprehensive plan, the... the
RR1 zone is a zone you are likely not familiar with. Uh, we have very little of it.
It's intended for areas that are basically not suitable for development, but happen
to be within the City of Iowa City where typically it's where we can't provide
utilities, but there may occasionally be other reasons, uh, such as some of the ones
that I just stated for this property here, and it's intended basically to have
development at rural type densities, in spite of the fact that this is within the city.
Uh, in terms of the ... the significant difference between the existing zoning and
the proposed zoning is the minimum lot size, and that ... the minimum lot size in
the RS -5 zone is 800, excuse me, 8,000 square feet and it is 40,000 square feet in
the RR1 zone. So it's intended for very rural type applications, and uh, this would
be a conforming, uh, property, even with the change requiring the 40,000 square
foot lot. Um, we have only two zones which allow, uh, livestock, such as a horse,
uh, the ID zones and the RR1 zone. Uh, and the applicant has indicated that is
their desire. A minimum lot area of two acres is required for the first horse, uh,
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and uh, and an additional acre for, uh, each additional horse. So the applicant
presumably could have as many as three horses here. Uh, the, uh, in terms of the
comp plan, uh, this is an area identified as being appropriate for open space
because of the buffering against the interstate, the pipeline easement, and the
topography of the property. So, uh, with all that taken into consideration, we feel
like it is appropriate to have the rezoning occur to RRI I. Uh, and allow the
keeping of a horse on the property, and in ... and there's also requirements in the
zone for setbacks and that so that hopefully neighboring properties are not
impacted by the keeping of livestock... livestock on the property. Are there any
questions for me?
Dickens: Do they currently own that property at 1880?
Davidson: My understanding, Terry, is they own both of the properties. Any further
questions? Thank you.
Hayek: Anyone from the public to address us on this matter? Okay. I will close the
public hearing. (bangs gavel) Item 2 is consider an ordinance, first consideration.
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Dickens: So moved.
Mims: Second.
Hayek: Moved by Dickens, seconded by Mims. Discussion?
Throgmorton: I ... I can't see any reason to oppose this.
Hayek: Further discussion? Roll call, please.
Throgmorton: Three ... three-quarters of the horse per acre, do I have that right? (laughter)
Hayek: Item passes, uh, 6 -0, Payne abstaining.
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ITEM 7. PLANNING AND ZONING MATTERS.
e) REZONING THE MIDAMERICAN SUBSTATION
CONDITIONALLY REZONING APPROXIMATELY .42 -ACRES
OF LAND LOCATED AT 221 N. LINN STREET, 225 N. LINN
STREET, AND 223 E. BLOOMINGTON STREET FROM
NEIGHBORHOOD RESIDENTIAL STABILIZATION (RNS -12) TO
CENTRAL BUSINESS SERVICE (CB -2). (REZ11- 00012)
1. PUBLIC HEARING
Hayek: The applicant has withdrawn this uh, application. Uh, and therefore no action is
being taken by the Council this evening, and we're just going to move on to the
next item.
Karr: Motion to accept correspondence.
Champion: So moved.
Mims: Second.
Throgmorton: Second.
Hayek: Moved, uh, a motion from Champion, seconded by Mims. Discussion? All those
in favor say aye. Opposed say nay.
Dilkes: Mayor, there's... you've got a hand down here.
Hayek: Oh, okay! Well...
Carlson: I just have a question. Does this mean that this particular, uh, plot of land will
stay at C13-2 or will it re ... resort back to RNS -12?
Hayek: I ... I ... it is presently RNS -12 and, uh, we're not taking any action tonight, uh, to
change that.
Carlson: Okay, that's what I needed. Thank you.
Hayek: Yeah. Status quo.
Throgmorton: Is there any room for discussion about this or is that inappropriate at this moment?
Hayek: Urn ... I ... I'm not sure we get into any discussion on this. It's been withdrawn.
I ... I don't think there's anything before us...
Dilkes: There's nothing before you.
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Hayek: Yeah. So ... um ... okay. Motion carries 6 -0, Payne abstaining so the
correspondence is accepted.
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ITEM 7. PLANNING AND ZONING MATTERS.
f) CONSIDER AN ORDINANCE CONDITIONALLY REZONING
APPROXIMATELY .88 -ACRES OF LAND LOCATED AT 2218
ROCHESTER AVENUE FROM LOW DENSITY SINGLE - FAMILY
RESIDENTIAL (RS -5) TO LOW DENSITY MULTI - FAMILY
RESIDENTIAL (RM -12) (REZ11- 00009) (SECOND
CONSIDERATION)
Hayek: I understand that the applicant has requested expedited action.
Mims: I move that the rule requiring that ordinances must be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, and that the second consideration and vote be waived, and
that the ordinance be voted on for final passage at this time.
Champion: Second.
Hayek: Motion to collapse from Mims, seconded by Champion, uh, discussion, and
before there's any discussion, are there any ex parte communications anyone has
had since the last... since first consideration? (several responding) Okay.
Discussion?
Throgmorton: Uh, it's not clear to me why the expedited, uh, action is requested? Maybe that's
in the correspondence we got tonight as we came into the meeting. I haven't had
a chance to read it, so I don't know.
Hayek: I don't believe there is an explanation. I think there's simply a request. But, see
if ... if you could...
Karr: That's correct. The applicant noted that there was a 7 -0 vote on the first reading
and asked for expedited action.
Throgmorton: With the anticipation that there's a third consideration, consider that they may be
more public information that might be brought to bear, is that... the... reason for
wanting a third consideration?
Champion: I think so.
Throgmorton: Okay.
Hayek: Yeah, the... collapsing readings, uh, typically, uh, rezoning have to, well, legally
they have to occur in three separate readings, which generally means three
separate meetings, but there is a way to collapse the second and third into a single
reading and, you know, I think historically it's been the Council's practice to not
entertain that when there is something of controversy regarding the application.
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Um, but people may have their own philosophical or legislative view of that
process, regardless of the circumstances.
Throgmorton: Yeah. In general I'm inclined not to support expedited action, but maybe here,
but... so I wanted to ask a question with regard to that. Uh, course we weren't on
the Council when this was deliberated last time.
Champion: That's right.
Throgmorton: Uh, and ... but I was present at the meeting, and I recall seeing, uh, I guess a
concept plan, two - dimensional concept plan for it, and I know it was approved 6
to nothing by the, uh, by the Planning and Zoning Commission, Jeff, but what I
don't know was whether, um ... uh, I don't know, an architect's rendering was
produced? Uh, that would enable me and other s to see what the building actually
would look like, instead of just seeing the two - dimensional footprint of the
building.
Davidson: We did not, and Eleanor or Marian, please correct me if my ... I ... I did not bring...
I didn't realize we would be considering this tonight so I did not bring the staff
report with me. I do not believe there was a ... rendering of the proposed buildings
because the zoning change was not contingent upon it. The applicant did describe
the basic buildings. I believe they're three -story townhouse buildings with
parking underneath. I believe there's two -car garage and then two parking stalls
in each driveway apron, uh, anybody else recall...
Hayek: Are you sure we didn't have a...
Mims: I thought we had elevation views.
Hayek: Yeah!
Davidson: There was an elevation?
Champion: ...kind of a drawing.
Davidson: Okay.
Champion: ...extra parking too!
Throgmorton: Well what I remember seeing is a two - dimensional, uh, footprint, you know, a
concept (both talking)
Davidson: Yes, yes we did have that. Yeah. Right, it's nine units. As requested by the
Planning and Zoning Commission, the facades have been staggered so that it
presents a more interesting... doesn't look like just one gigantic building, um, nine
units, three floor townhouses ... I mean, that was the basic ... basic design. I
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believe the orientation was, uh, such that they fronted First Avenue. Each
residence had a front door. That had been requested by Planning and Zoning,
Jim, and then a, uh ... basically a sidewalk link to the sidewalk system on First
Avenue so that they had a good pedestrian orientation to them.
Throgmorton: Right.
Dilkes: This is a conditional rezoning and one of the conditions is compliance with the
concept site plan. I believe that was shared with the Council.
Throgmorton: And...
Davidson: Yeah, obviously if you ... if you do not collapse the readings tonight, at the next
meeting we could bring all that and present it to you.
Throgmorton: Yeah, I'm just trying to make sure I fully understand. Will there be a ... a design
review process for this, or is it out...
Davidson: This is in the central planning district, just barely. It's right on the corner, and so
it will be included, uh, under design review of the central planning district multi-
family (both talking)
Throgmorton: Okay, and I don't fully understand that process. So at some point maybe you and
I could talk about (both talking)
Davidson: Sure! It's ... it's a staff review process. Basically...
Hayek: If ... if you're uncomfortable with this, we don't have to collapse. I mean, this was
simply a request from the applicant. Um...
Throgmorton: Well, it's not so much that I feel discomfort. I think in fact this particular
development is probably really well suited for that intersection. (several talking)
Yeah, and I know the Planning and Zoning Commission process would pretty
thoroughly, uh, so ... so it's not as if I feel some really intense discomfort that I'm
trying to convey it. I'm just trying to make sure I understand.
Hayek: Okay. Is there further discussion about the, uh, motion to collapse?
Throgmorton: Well, I ... Jeff, there's no objection from the staff's point of view, is there? To
collapsing.
Davidson: None.
Hayek: Okay. Uh, roll call, please.
Mims: Move to, uh, approve.
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Dickens: Second.
Hayek: Uh, pass and adopt moved by Mims, seconded by Dickens. Discussion?
Throgmorton: I'd just like to say that, um, I ... I don't like to think of anything I do as a real
precedent (laughter) so just because I voted to collapse on that doesn't really
(mumbled) automatic collapsing.
Hayek: Oh, no, quite the con ... I ... I ... I'm with you on that, and I .... I ... if there's a scintilla
of controversy regarding something, it's appropriate for it to have (several
talking) three full separate readings, in my perspective. Further discussion? Roll
call, please. Item passes 6 -0.
Karr: Motion to accept correspondence.
Mims: So moved.
Throgmorton: Second.
Hayek: Moved by, uh, Mims, seconded by Throgmorton. Discussion? All those in favor
say aye. Opposed say nay. Motion carries 6 -0, uh, Payne abstaining, and item
carries 6 -0, Payne abstaining.
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ITEM 7. PLANNING AND ZONING MATTERS.
g) CONSIDER AN ORDINANCE CONDITIONALLY REZONING
APPROXIMATELY 1.15 ACRES OF PROPERTY LOCATED 911
N. GOVERNOR STREET, FROM COMMERCIAL OFFICE (CO -1)
TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12)
(REZ11- 00016) (SECOND CONSIDERATION)
Davidson: Uh, Mr. Mayor, uh, this...
Hayek: Can we get this on the floor first?
Davidson: Oh, excuse me!
Mims: Move approval of the ordinance.
Dobyns: Second.
Hayek: Motion from, uh, Mims, seconded by Dobyns. Uh, and discussion, but first, any
ex parte communications since the, uh, December 6th Council meeting?
Throgmorton: Since the Council meeting, right?
Hayek: Yeah.
Throgmorton: Yeah. No.
Davidson: Thank you, Mr. Mayor. Uh, this item was originally recommended to you for
approval by the Planning and Zoning Commission, and the first reading by the
City Council it was approved on a 4 to 3 vote. Uh, second consideration, uh,
there was, uh ... discussion, uh, from the public and it appeared, uh, based on a
rough straw poll that Council was going to be inclined to vote the project down on
second consideration, because of our policy of, uh, offering a consultation to the
Planning and Zoning Commission when there is a discrepancy between their
recommendation and the action you appear ready to take. Uh, you deferred that
vote. We did ask the Planning and Zoning Commission if they would like to have
a consultation to explain their views on the project to you. They declined that, uh,
offer and so you are now free to vote on the project.
Hayek: Now wait, now I'm confused. Is this first consideration?
Davidson: This is second (several talking) consideration.
Champion: We voted no.
Mims: We did.
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Hayek: We did have the vote. That's what I thought (several talking)
Davidson: The first vote was 4 to 3 in favor. The second vote appeared to be going down,
and so we offered the consultation and now you're free to vote on it.
Hayek: Okay.
Davidson: Are there any questions of me ... before you consider it?
Hayek: No ... and we're ... I suspect there are people from the audience who want to
address us and so we'll allow for that, as well.
Davidson: Okay.
Hayek: Would anyone from the audience who wishes to address, uh, the Council on this
item?
Rockow: My name's Greg Rockow, the real estate broker that has the property listed, and
as someone called and told me this week, they said you've picked a scab on an
old, old issue and you're going to make it bleed, but that's beside the point!
(laughter) The only reason I'm here is I want to ask the City Attorney's opinion
of whether or not the Mayor has a conflict of interest with this issue. The Mayor
owns two properties in the same block or same tract. He has an uncle that owns a
duplex in the same block, in the same tract. And there's other issues that I really
don't want to go into right now, but they deal with the lawsuit that was involved
in the property north of this. So ... the Mayor is spearheaded the opposition to this
since the very first hearing, the first meeting. We went through Planning and
Zoning — no objections. Went through the, um, your `good neighbor' policy — no
objections. People come in ... came and wished us well. First reading, you were
(laughter) you were wanting to know if the property could be downzoned, um...
Councilman Wright had an issue with it being three bedroom units.
Councilwoman Champion really didn't know. She wasn't familiar with the area.
So she wasn't going to ... she voted no, just to vote no.
Champion: That's not true!
Rockow: Okay, I don't know ... that's what you said! But the point is, I think you have a
conflict of interest with this. You own property in the ... the same block, the same
tract, and you didn't disclose that.
Hayek: Well, let's ... let's get this on the record. Uh, I own one property on Brown Street,
which I ... I used to live in and presently rent.
Rockow: And you don't own, have an interest in the Dodge Street property?
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Hayek: No. No interest in any property on Dodge Street. I own one property, 714 Brown
Street, and in advance of this ever coming before the City Council, I conferred
with the City Attorney's office, and she can tell you but, uh, there is no conflict,
and her office, uh, told me as much, and uh, I ... I fully vetted that before, uh, this
came before the Council.
Rockow: Well, that ... that is the issue with respect to the property that is under the R3 -B
zoning. Your father was the City Attorney at the time that lawsuit was instituted
and recused himself because he owned property in the neighborhood. In that
same block, that same area.
Hayek: What year are you referring to? Uh...
Rockow: I've got it right here. It's...
Hayek: First of all, that's news to me, but uh, second of all...
Rockow: It was 19...76. It's going back a long time (laughter)
Hayek: Yeah.
Rockow: Here... this... this is a copy of the Supreme Court decision on that case and it
basically talks about the fact that that zoning was preserved because the Council
tried to take it away. That area since 1964, since 1964 has had comprehensive
studies by the City saying that the use that that gentle ... the applicant wanted to do
was what was intended for that use. The most recent comprehensive plan in 1988
which you voted for called for low - density... medium- density, uh, multi- family
residential there. Mrs. Champion... Campion voted for it.
Hayek: We ... we've got two separate issues here. One is you're alleging that I have a
conflict of interest, and I want to resolve that, and the second one is you're
making essentially a policy argument in favor of the application, which is
perfectly legitimate for us to hear from you about, but I want to resolve the first
one because you're... you're suggesting (both talking)
Rockow: Am I right in this ... when a person makes an application for a zoning request, for a
change of zoning, people within 200 feet, if there's an objection by a party within
200 feet, you have to have a super- majority to pass it, right?
Hayek: Why don't we let our City Attorney answer that, because...
Dilkes: Yeah. The Mayor and I, um, conferred about this prior to this coming on the City
Council's agenda. We determined that his house was outside that 200 -foot
objection area. Had it been within the 200 -foot objection area, it would have been
a closer call. I ... I don't know that I would have considered it a conflict, but we
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didn't have to get to that point because it was outside the 200 -foot area. So, my
advice was that (both talking)
Rockow: Well, my ... but my, still my point is, when it was ... when it went through this
whole process, nobody has ever complained, nobody has ever tried to stop it at the
comprehensive plan process.
Dilkes: That's not an issue of conflict of interest. Um...
Rockow: Okay!
Dilkes: ... so I think we should move on to the discussion about the rezoning. Unless you
are (both talking)
Rockow: Well, and ... and just ... I ... since I'm asking for full disclosure, I should admit that I
have shown the ... the Mayor property before, and I've shown the City Attorney
property before. No agency relationship with either one of you, but that's ... but I
...I just am uncomfortable with a property owner having a multi ... having a, uh,
income property... saying somebody else you can't do it when the comprehensive
plan calls for it.
Hayek: All I ... all I can tell you is that I identified to the City Attorney well in advance of
this coming before the City Council that I owned one property on Brown Street
and asked specifically whether that caused some sort of conflict of interest, and
the answer was that no, it does not. Um, I did not disclose, nor did I have
knowledge of, uh, legal representation from the mid- I970s, uh, involving a
relative, urn ... and if that somehow creates a conflict I'd like to know, but... but
uh, um... so I, you know, you're accusing me of a fairly significant thing here and
I just want to be clear about this...
Rockow: No, I asked for an opinion... whether or not there was a conflict ... you never said
anything at any one of these Council meetings, you never said a single thing.
After I started researching this thing, your name's popping up! So I (both talking)
Hayek: I'm very careful about ... as I think all City Councilors are, about anticipating
possible conflicts of interest, vetting them with the City Attorney before we utter
word one on something that's before us, and ... and avoiding conflicts, perceived
or real, uh, as we sit up here. It would be foolish not to (both talking)
Rockow: Okay, but as I understand it, the 200 -foot rule doesn't deal ... deals with, if a
person within 200 feet objects you have to give a super- majority. It doesn't...
that doesn't say somebody that's 350 feet away shouldn't disclose when they're
voting on it. You're voting on the issue you spearheaded the opposition to this.
Hayek: I'm not sure I'd characterize it in that way. I expressed concerns with it, as did
others up here.
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Rockow: You were the person that asked to have it... could it be downzoned on the
Council's motion and the City Attorney said yes.
Dilkes: Sir, I think when you stopped in my office a couple weeks ago you were advised
to put the facts that you had, that you thought suggested a conflict in writing to
me so I would have time to look at that, and I've not received that letter. The
Mayor does not have a conflict of interest based on the facts that I am aware of at
this point, and the issue that you've raised about the 1970 representation by his
father does not create an issue for me, absent some other facts of which I am not
aware. So I would suggest that we move on.
Mims: I would agree!
Rockow: Well, it...it still goes back to the issue since 1964 every comprehensive plan...
the Cit even did a study in 1968 and published it and saying this was the intended
use for the area.
Dilkes: That's an argument you should make to the City Council about the rezoning.
Rockow: Okay! Well that's the argument I'm makin' then (laughter).
Hayek: Yeah. I ... I invite you to argue to the Council why ... why this should take place,
whether it's the comp plan or any other consideration you think we should, uh, be
taking up.
Rockow: I had the opportunity to go to the, uh, Board of Adjustment in December when the
Shelter House was trying to get a variance to make that lot a... so they could put a
duplex on the house. Lots of people stood up ... well intentioned, ministers, you
name it, contributors, everybody else, asking the Board of Adjustment to please
make an exception and let these people have it. The facts were no. The
opposition that was opposed to allowing that to be a duplex, to a person said, you
have to follow the comp plan. To a person, some of the same people that were
there espousing the comp plan adherence to were the same people that spoke
against this saying we can't have it! It makes no sense. If you're going to follow
the comprehensive plan with one zoning request or variance request, you should
do it with all of them. Nine (both talking)
Throgmorton: Can I ask the City Attorney a question?
Rockow: Sure.
Throgmorton: Uh, would denying this application for a rezoning conflict with the
comprehensive plan?
Dilkes: No.
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Throgmorton: No, because it would be going ... it would be retaining it as, uh, in its current
zoning, COI, am I right?
Dilkes: I have no problems with (both talking)
Throgmorton: That's really not an issue, is it?
Rockow: But the objections that came up to this, or the standard objections you hear in
every rezoning request: it's going to create traffic, it's going to create crime, all
of this stuff. The number of occupants... there's 60 offices in that building. Many
of those offices were double- occupied, and then you had all the people that came
there. The City allowed an extra parking lot to be built to accommodate the, uh,
traffic there. That was one of the issues brought up — traffic, traffic, traffic! Well
no, you're going to decrease the amount of traffic that's there! You could put 18
units on top of that building right now! So, what's being proposed is a reduction!
Mims: I think it's time (both talking)
Hayek: Is ... is, yeah, I mean, is there anything else you want to bring to our attention
(both talking)
Rockow: Well, I'm just ... I'm just saying I think it's ... you should ... if that's the will of the
community, which it's been tonight, follow the comp plan on all of these things,
and now you're ignoring it?
Hayek: Okay. We don't engage in a debate with ... on these things. We hear input from
the public or the applicant or the applicant's representative, and so if there's
anything else you want us to know about, please let us know at this time.
Rockow: Well, I ... there's not a lot. I'm just sayin' that you're ... you know, you have
boards and commissions and everything else, and ... and citizen input, tons of staff
time, and then when one person objects to it, it's out the window! When it...
when it could be ... when 19 units could be put there anyway!
Hayek: Thank you for your comments (both talking)
Rockow: It's your call!
Hayek: Would anyone else from the public like to speak to us on ... on this item?
Shields: My name's Ashley Shields and I am a renter at 913 Dewey Street. We are in our
sixth year of being in the same duplex up there and we love our neighborhood up
there. We have three little kids. There're several kids in the neighborhood, and
the building that is sitting there currently has been empty I believe the entire time
that I've lived there. There has not... so there hasn't been traffic. There hasn't
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been people there. There has not been, um, traffic as a result of people working
there. Um ... the development of this site is a good thing, I think. I believe our
whole neighborhood is for it. We are just asking for duplexes or single - family
homes. Please vote no for the RM ... the RM12, is that what it, what the ... the, uh,
consideration is RM 12.
Throgmorton: Thanks, Ashley.
Hayek: Thank you for your comments.
Baum: My name's Jennifer Baum. I live at 814 Dewey Street, and I take full
responsibility for spearheading the idea that these guys vote no on this! (laughter)
The reason that I was not here, um ... (unable to hear people speaking in audience)
um ... the reason that I was not here during the October 1St reading of this was
because I was out of town for that month. If I had been here, I would have been
advocating that you vote no on this. Last time we were here in December at that
meeting I think that we had enough people speak eloquently about the amount of
trouble that we would have in a tiny little neighborhood that we've done
everything we can to preserve the integrity of. Sorry about the proposition!
Um ... we already have plenty of traffic on that street, and when you have a street
that has enough room for two cars and parking on one side, you don't have
enough room for a lot of traffic. We still get semis on that street because after
they reconfigured the Dodge Street, Prairie du Chien, North Summit...
intersection it took us four years to get signs up that said `no semis.' It took us a
lot longer to get signs up that said `please don't have anything over such and such
a weight.' We got a semi two weeks ago, in the middle of the afternoon! Our
neighborhood has a lot of children. It has a lot of animals. We have a block party
every year ... this is our, coming up our 13th year. We've worked really hard to
make sure that our neighborhood is a neighborhood. We've worked really hard to
make sure that we all know each other's names, that we all know what each other
does, that we all know our strengths, and our deficits, so that we can help each
other out. Please vote no on this. It would be a real hardship for Deweyville.
Thanks very much!
Hayek: Thank you for your comments. (applause)
Clark: Sarah Clark, 509 Brown Street, and I'm recording secretary for the Northside
Neighborhood Association, and, um, want to encourage you to continue to vote
noon this. Um ... heard a concern from someone here this evening that it seemed
like, gee, it was a ... the plan was ready to go, was going to run right through, no
problem, and all of a sudden — whoops! What happened? Well, I think part of it
is, um, was not aware that there was a good neighbor meeting, um, if so it ... I
know the Northside Neighborhood Association wasn't notified of that, um, cause
otherwise there would have been representatives attending that meeting, and I
know Marcia Bollinger does a good job of letting us know these sorts of things, so
that I'm not aware that there even was one. Um ... another reason why we might
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not have been fast out of the gate ... a lot of us are having to learn from scratch,
um, exactly what the ramifications of all these planning codes are, and I don't
know, I think... regular citizens and residents of this town should be applauded for
actually digging in and learning the planning code, even though you may not be
experts in that, that we cannot ... we ... many of us have jobs, full time jobs, and
you do this on ... on the evenings, on the weekends, and uh, we don't always get
things at the first meeting, so um, I personally thought that the December 6th
meeting where there were so many folks from both Northside and Deweyville
speaking against it, spoke a lot, and you will notice there are a lot of people here
again tonight, so um ... think this is on radar of a lot of people and I really do
encourage you to .... to stick with ... with the vote that you did on December 61n
Thanks very much.
Hayek: (applause) Thank you for your comments.
Lindell: My name is Shirley Lindell and I live at 804 Dewey, and I would just like to
reiterate everything that's been said about this community, and that it is a
community of all of us that care about each other, and the things that go on
around us. And the, with the animals and the children, and the traffic and the
...the brick street makes it a lot noisier when there's more traffic going along with
trucks and semis, and we just encourage you to consider that the whole
community is behind you voting no on this. And I appreciate the fact that, uh,
democracy is at work here in that we all at least have a voice, uh, that we can
express our opinions and that you will listen and consider. Thank you. (applause)
Hayek: Thank you for your comments!
Bishop: Hi, my name's Joel Bishop. I live at 819 Dewey Street. Uh ... last time, uh, I
think it was the December 6th meeting, there seemed to be some contention
brought up that this was somehow between property owners and renters, uh, that
there was some anti -rent, uh, argument going on. Well, this ... I'm not quite sure
how that came about, but I rented apartments in this town for 22 years before I
became a property owner, just recently, so um, I certainly have nothing against
any ... any rental properties, so long as they're properly maintained and ... the
problem with rezoning this from COI to RM12 is that it creates a fairly large unit,
urn ... I don't know if it's classed as medium housing. I don't quite see that but the
problem with large developments is that they always look good when they're
brand new. They ... they look good for ... for tax base value, uh, they look good
because we can fill `em up, and uh, the developer's making money on them, but
as they age, they become a problem, especially when ownership changes. The
next owner of a large property might not be there. Might not be in town at all.
And these properties can start to look pretty dingy. With a smaller development
project, duplexes, four - plexes, in limited numbers, given the size of this area, with
limited units per ... per, uh, apartment. You can maintain more control. You can
maintain a better appearance. Um, it's harder for things to slip under the radar if
you can, uh, more carefully observe smaller structures. And I think that this
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whole question comes back, of course, to a rezoning issue, and the arguments that
I've been hearing all night on most of these topics come back to problems of
zoning. We can't rezone this. We can't change this. Oh, it's the comprehensive
plan that everybody falls back on. Perhaps it's the comprehensive plan that needs
to be addressed. Perhaps it's the zoning code that needs to be changed. Um... I
think that there is a little .... a little too much autonomy given the Planning and
Zoning Commission and not enough perhaps oversight by the Council, and I'd
like to see this situation rectified for all of these properties that have been
discussed. Um, everybody seems to be at an impasse, that once we get to a
certain point, that's it! The developer has his way and it's going to happen. I
can't believe that the City Council is that powerless. Thank you very much.
Hayek: Thank you for your comments. (applause)
Shields: Good evening. My name is Mark Shields. I live at 813 ... I'm sorry! 913 Dewey
Street ... with my wife Ashley. Um, we are renters, um, we've been welcomed
into the neighborhood since day one. It's been a great place to raise children. It's
been a great place to meet people. Um, so many memories already, uh, for us
there. Um, I would love ... love to own my own home, our own home, some day.
And with the development that's proposed to go ... to go in there, um, I don't
know ... if that opportunity would be there for us, or anyone else, um ... uh, it's a
great, you know, wonderful dream to have, you know, uh, 18 bedrooms stacked
on top of each other. Uh, it's a wonderful dream to have a giant parking lot filled
with cars. Um (laughter) um ... I know that you guys are shell - shocked — you've
heard a lot tonight. You get it over and over and over again, and you will because
we're Deweyville and the Northsiders (laughter) that's how we are. We really
appreciate you guys taking your time and listening to each of us. I know you
have a lot to do. Um ... the other thing, um, there's a lot of traffic. The other thing
I wanted to point out, there's a lot of cyclists that come through, uh, training for
Ragbrai every summer, I mean, I open my curtains and there goes the team. I
come home from work, and there goes the team. And they're really training hard
for that. There's also the track teams that run through there, you know, there's
City High and I think actually University track teams run by too, uh, be it cross -
country or track, I'm not sure. I know, uh, some folks are happy that it's shirtless
men running by. That's wonderful! Um, but you know the traffic thing definitely
pops up for that, and you have to be considerate of that, um, also we live on brick
streets. I'm sure as you know, Mayor, on Brown as it is a brick, and Dewey, um,
is also brick and so I'm not sure, you know, how much more pounding that can
take from additional vehicles. If you had 18 bedrooms and you assumed that
there were adults living in there, which probably will happen, um, and everybody
owns at least one car, you can do the math and figure out who's making the short-
cuts to go to the North Dodge Hy -Vee to get their groceries and come back home,
speed -racer style. Um, the last time this proposal was up for vote and
consideration, you gave your eyes, your ears, and your hearts to our voices and
faces, and I thank you for that, and one more time I ask, um, before this final
decision, um, that you hear us again loud and clear and uh, take another look
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around to see a diverse community within a diverse city and uh, that takes hearts,
so thank you for your time and consideration.
Hayek: Thank you for your comments. (applause)
Petkewec: Good evening, my name is Michael Petkewec, and I am a renter at 1012 N.
Summit, and I addressed this body back in December as well on this issue. And,
I'm back again as a renter and as somebody who is actually relatively new to
Iowa City. Been here about a year and a half, and one of the things that, uh, has
really struck me about the Deweyville area is the sense of community and
togetherness and the aesthetic, we've heard that word earlier tonight, the aesthetic
of the neighborhood. And as I look up at that screen and I see the sizes that are up
there and what's actually there, and looking at traffic patterns and looking at the
historic neighborhood, and the building and the character of the overall
neighborhood, I realize putting something that large of a development in that
space is something that's going to change the character of the neighborhood.
Now, yes, we can all sit here until the cows come home talking about what can be
done, what is legal, what is not legal, but just because you can do something
doesn't always make it right. And I know as I walked around that neighborhood
when I first moved here that I was greeted by people sitting here who didn't see
me just as a renter, who didn't just see my wife and I as fly -by -night people who
decided to just `stay away' in Deweyville. No! We actually became part of the
neighborhood, and as I also look at the character and aesthetics of the place I see a
park. I see a cemetery. I even see where I live in that RM 12 there up in the
corner, that I live in a six -plex, I don't even live in anything that's that large that's
being proposed ... in this new space. And I realized that people really care about
what's going on and that this democratic process is exactly why we're all here
tonight. So I hope that good sense, good judgment, really reviewing this
comprehensive plan. What I do realize by some of the things that have been said
tonight is that if certain things don't go through, someone's going to lose some
money. Is that the motivating factor here? Is that why we should do something?
Or should we actually do something cause it's the right thing to do? So think
about that as you're voting on this issue and realize that the character of not only
the neighborhood but of the people living there, and that things do change and
evolve and that this is the right thing to do to vote this down. It's not that we
don't want development. It's just we don't want development of this size, this
density, and this scope. Thank you.
Hayek: Thank you. (applause)
Wright: (several talking) Good evening, I'm Mike Wright, I live at 225 N. Lucas Street
and I can't tell you how sorry I am to be here tonight! (laughter) But I didn't
want to let, uh, unfinished business go. Last month when I was sitting up there,
one of the things that I really felt very strongly was that mistakes have been made
in zoning processes in Iowa City for years. I think this property is one of them,
being zoned to COI smack in the middle of a medium density RS8 residential
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neighborhood. Another one is right across the way where we have that large
apartment complex that has certainly lead to the decline and the quality of life in
the area immediately surrounding that. I think another mistake in zoning would
be made if this process ... if this project, rather, were allowed to go through. Uh,
this is land that is prime for lower density housing, either lower density multi-
family or lower density single- family. Uh, the proposed project is simply too
much, and when you look at that zoning map, it is surrounded by and large by
single - family lower density homes. That's probably the most appropriate use for
this in my view. Uh ... so I'm just here to reiterate, uh, last month. We don't need
to make more mistakes, um ... one of the strategic goals of the Council going
forward is neighborhood stabilization. Stabilization cuts two ways. Stabilization
can preserve what is in a neighborhood, and it also refers to what could be placed
in a neighborhood, and I would urge you to consider that in your deliberations,
and I thank you very much for your time. I know you've had a long night
already. (several responding)
Hayek: Thanks, Mike. (applause) Anyone else?
Carlson: Oops, I'm Nancy Carlson. I live on 1002 E. Jefferson, which is not in the north...
Northside Neighborhood Association, but I'm part of the central district, and uh,
in the planning thing for the central district, which was done a few years ago, it
was quoted that this area has a vibrant and diverse population, with lots of
housing opportunities. So I want to know why it is that every time something is
constructed in our area, it is an apartment house. Why are ... why don't we see
houses? Why is it that the whole tip of the construction is toward more
apartments for more students? If this continues, we are going to use ... we are
going to lose the variance of various types of, uh ... populations. You know, I'm
an older person. I like living here. I like living being able to walk downtown. I
have neighbors who, uh, you know work and walk downtown, but it's like this
...our part of the population is totally forgotten. The only thing that the
developers seem to be interested in is to provide more apartments for students,
because it's a money- maker. Well, I'm sorry, but you said in your, um ... uh,
meeting that you had a few weeks ago with the old and new, uh, Council
Members that neighborhood stabilization was one of the things that was of utmost
importance to you. I'm here to say I'm one of those people in the neighborhood
stab ... who is interested in stabilizing the neighborhood for my age group, not
only just the students. Thank you. (applause)
Hayek: Thank you for your comments. Is there anyone else? Okay. We're going to...
okay!
Michaud: Sorry, I took a break. I thought everybody would be gone by now. I was wrong.
I guess it's good. Um, I'm Pam Michaud and I have two houses on College
Green Park. I've been there 21 years and I circulated the petition to make College
Green a historic district. Any questions?
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Hayek: No, I just want to make sure this relates to the North, uh, Governor Street
application.
Michaud: Oh, sorry! I'm on the wrong page.
Hayek: Okay.
Michaud: So, I'm (several talking and laughing)
Hayek: Would anyone else like to address us on the Governor Street, uh, application?
Okay, I'm going to close the public portion of this and open it up for Council
discussion. We have a... a pending motion.
Champion: Um ... what did we move (several talking)
Karr: It's already (several talking)
Champion: So long ago I forgot!
Mims: Yep, it's on the floor.
Throgmorton: And the motion is what?
Karr: Second consideration.
Throgmorton: To ... to approve (both talking)
Karr: ... second consideration.
Throgmorton: Right, okay.
Champion: Well, welcome back! We're glad to have you here again tonight. Not only going
to get my `no' vote, you're going to get a new road, a new brick street!
(applause) But no more complaints from your group today! (laughter) But I
would like to see this area downzoned, I really would. Thanks for coming!
Mims: Yeah, I think ... you know, when we went through this the first time I voted to
support this rezoning, and, um, listened very carefully as the community came out
at our December meeting and expressed your concerns and expressed those, I
think, very well and some of the issues that ... that I hadn't considered and I ... and
yeah, you're going to get a new brick street. Not out of this, not from this but um,
you know, just some of the conversation of the traffic that you ... that you already
do have and how, um, you know, putting in that kind of density of housing in that
area can have that much of a negative impact on some of those side streets and
with the parking, etc. And so as I vote, well, as I intended to vote in Nov ... in
December, um, I will vote tonight to, uh, turn this down.
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Throgmorton: I'll toss in a few cents worth here. Uh, I think this proposed, uh, rezoning is
completely inappropriate for the neighborhood. Uh, the idea of having three six -
unit apartments built there would be inconsistent with the, uh, essentially RS8
character of the entire neighborhood, especially if you walk around there. Good
grief! You walk around there, you see single - family style buildings. Uh, lot of
which are not occupied by owners, I understand that, but the design of the
buildings is ... is basically single - family. So I think it's completely inappropriate
for, um, the neighborhood, and it's completely inappropriate with our stated goal
of stabilizing older neighborhoods, uh, that's, uh, and I do kind of...I believe like
Mike Wright said, it was, uh, a mistake back then to, for the comprehensive plan,
to, uh, designate this little cluster of property, this little bit of property, for uh, it's
high density or medium density, I don't remember what it says in the
comprehensive plan, but it was ... it's inappropriate; shouldn't have been done
back then. Nonetheless it was. Uh, so, but I don't think we should compound the
mistake by rezoning this to, uh, to RM12. Uh, I do have some ideas though. I
think this particular site is really well suited for a pocket neighborhood, uh, which
could consist of some, you know, a cluster of, uh, relatively small single - family
units that are linked to one another, and designed in coherent relationship with
one another. Moreover, if you relate that site to Happy Hollow Park, what you
see that the ... a development at that, at this location, could be a great amenity for
Happy Hollow Park, or conversely, really undermine, uh, the ... the use and
viability of that park. So, uh, I ... I'd like to encourage the owners of the property
to take a ... a serious look at the possibility of putting in a pocket neighborhood,
and if you don't know what that consists of, I'd be happy to, uh, provide you a
link that would help, uh, enlighten that. Moreover, if...if a new development
goes in there, it ... you know you walk the site it's really obvious. If...if
somebody's going to be living there, you gotta have a pathway leading down
through the trees, down the hill, into Happy Hollow Park, and ... you know,
somebody's gotta figure out how to do that. Uh, otherwise, kids or whoever lives
there are going to run down through that, through the woods anyhow, and they're
going to be tripping and sliding through the mud and tripping over the logs or
whatever, cause I've been there many, many times over the past with my dog and
with my little girl and lots of other people. Um, so anyhow, I'm going to vote no.
Hayek: I'm not going to reiterate the points I made, uh, in late 2011, other than to say that
I stand by them. This is an extremely fragile neighborhood, one that has been
long neglected, I think, um, and I don't think this proposal was as compatible
with ... with that neighborhood. Um, so I'm ... I'm going to stick with my vote.
Dickens: I'm following, uh, I originally voted for it, uh, that was before there wasn't a big
outcry, and part of it was that a lot of the neighborhood did not know about it.
After listening to all of the discussions, and looking at all the other properties
around, there is a better use for this property. I'd like to see it in- filled. I think
it's very important, but doing it the right way is very important at this time, and
I'll be voting no as well.
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Dobyns: Is this the part of the meeting where I try and say something intelligent (laughter)
Hayek: You don't have to say something. You (several talking)
Dobyns: Okay! Somebody can tell me who sat here before I did (laughter) um, I
appreciate the, uh, the vigor of the neighborhood, uh, citizens coming in. Um, I
won't speak to some of the considerations, but I thought the topographic issue that
you brought in terms of the brick work, the slope, how that would affect traffic. I
think these are very compelling issues, um, amongst all the others, and I
appreciate it. I will be voting no for this.
Hayek: Further discussion by Council? Roll call, please. Uh, item fails, uh, 0 -6, Payne
abstaining. (applause)
Markus: Anything else we should be doing...
Hayek: What's that?
Markus: ...with the existing zoning?
Champion: Downzone it!
Markus: Is there further (both talking)
Hayek: Well, I don't know that we take that up right now.
Dilkes: Well, I think, I mean, I think if it relates to this property, for instance, if you're
interested in having staff examine the comprehensive plan, the zoning of this
property, you can certainly say that.
Champion: Yes.
Mims: I would say yes to that (several talking)
Markus: Seems that you kept mentioning that existing zoning.
Champion: Right!
Hayek: Okay, all right. We are going to take a ten minute break here, uh, and so we'll
pause the meeting at this time and start up at 9:10.
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ITEM 8. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 410 DOUGLASS STREET.
a. PUBLIC HEARING
Hayek: This is part of the UniverCity, uh, neighborhood partnership program. This is a
public hearing. (bangs gavel) Public hearing is open. Public hearing is closed.
(bangs gavel)
b. CONSIDER A RESOLUTION
Champion: Move the resolution.
Payne: Second.
Hayek: Moved by Champion, seconded by Payne. Discussion?
Champion: You're back! (laughter)
Hayek: Roll call, please.
Champion: I'd like to just tell the public that in our budget sessions we've decided to
continue this program along with the University. Not quite as extensive, but it's a
great program.
Hayek: Item passes 7 -0.
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ITEM 9. CONVEYANCE OF A UTILITY EASEMENT ACROSS RALSTON
CREEK LOCATED WITHIN LOT 1, BLOCK 20, COUNTY SEAT
ADDITION, IOWA CITY, IOWA.
a. PUBLIC HEARING
Payne: I have to recuse from this one too.
Hayek: Okay. (several talking) This has to do with an underground utility easement
across Ralston Creek. This is a public hearing. (bangs gavel) Public hearing is
open. Public hearing is closed. (bangs gavel)
b. CONSIDER A RESOLUTION APPROVING
Dickens: Move the consideration.
Mims: Second.
Dickens: Resolution.
Hayek: Moved by Dickens, seconded by Mims. Discussion? Roll call, please. Item
passes 7 -0.
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ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 9, "MOTOR
VEHICLES AND TRAFFIC," CHAPTER 1, "DEFINITIONS;" AND
AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC," TO ADD A
NEW CHAPTER 11, "AUTOMATIC TRAFFIC ENFORCEMENT," TO
ALLOW FOR RED LIGHT AUTOMATED TRAFFIC ENFORCEMENT.
(FIRST CONSIDERATION)
Yapp: Uh, good evening, John Yapp, Transportation Planner and...
Karr: Could we have a motion first?
Hayek: Yeah!
Dobyns: Move to consider.
Payne: Second.
Hayek: Uh, moved by Dobyns, seconded by Payne. Discussion?
Yapp: Uh, thank you. With me tonight is Police Chief Hargadine. Uh, I just want to
give a brief recap of this issue to date for the benefit of the new Council
Members. Uh, we've discussed this a few times with Council, uh, in the recent
past. Red light running is a vehicle entering an intersection after the light has
turned red. Uh, in Iowa City, and I'm referring to the table on page 2 of the
memo, in Iowa City in the past ten years there have been 599 red light running
collisions, totaling $3.5 million in property damage and 129 personal injuries.
Uh, red light running cameras function as a ... as a way for what's called
automated enforcement, in which the evidence collected by the camera, uh, can be
used by the police department to issue a citation to the motorist who ran the red
light. Uh, that's one thing that is not always, uh, clear, but the citation is issued
by the police department, after the evidence is reviewed, uh, by an officer. The
ordinance before you tonight for consideration addresses red light running. This
technology also has the ability to, uh, conduct speed enforcement in a similar
manner by collecting evidence on speeding traffic and then potentially using that
to issue a speeding citation, uh, to the owner of the vehicle. The combination of
the red light running and the speed enforcement, uh, gives us the ability, and this
is some new information that we've learned as we've researched this technology,
uh, has the ability for collision prevention at intersections. Uh, when the camera
detects a vehicle... entering the intersection on a red light, it has the ability to hold
the red for the opposing legs of traffic and prevent other vehicles from entering
the intersection, preventing, uh, the red light running collision that can occur. Uh,
regarding the experience in the state of Iowa, there are six cities in the state of
Iowa that currently use red light running technology. Cities of Clive, Council
Bluffs, Davenport, Sioux City, Cedar Rapids, and Des Moines. Uh, the State of
Iowa has done some research on the experience of these cities, and Davenport and
Council Bluffs, uh, found that red light running collisions decreased by 90% in
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Council Bluffs, and by 20% in the city of Davenport. In addition, the total
collisions, uh, not just red light running collisions but all collisions decreased by
20% in Davenport and 44% in Council Bluffs. Uh, the intersections we've listed
on the second page of the, uh, memo just give ten intersections with the red light
running collisions, uh, at those ten intersections. Those are the intersections at
which we would recommend as a starting point. Uh, if this ordinance is adopted.
At looking at red light running technology, both because of the incidence of red
light running collisions, and that most of those intersections are also very high
pedestrian intersections. Uh, certainly with a pedestrian and a ... and a vehicle
running a red light, the pedestrian would have gotten that walk signal to walk
across the street. Uh, the ordinance before you tonight is essentially an enabling
ordinance. Uh, should the ordinance be, uh, approved, three readings of the
ordinance, our next step, uh, would be to enter into negotiations with a vendor,
uh, for red light running technology and ... and at that point we would have a
better idea of the, uh, contract with the vendor. Regardless of the vendor we, uh,
may chose, this could be implemented at no cost to the City. Uh, the standard
model is that the vendor and the City share, uh, revenue from the citation. Uh,
with that I'd be glad to answer any questions or, uh, Police Chief Hargadine.
Champion: Well, this is over a ten year period, this chart?
Yapp: That's correct.
Champion: So, there were 968 crashes on these intersections in ten years, so (both talking)
Throgmorton: All kinds of crashes, right, John?
Yapp: Uh, at that ten intersections, there were 968 collisions. City wide there were
12,063 collisions over ten years.
Champion: But there were only 968 in these ... in this...
Yapp: At those ten intersections. Correct.
Throgmorton: And only 163 of `em had to do with running red lights?
Yapp: At those intersections. That's correct.
Champion: So 163 over a ten year period, correct?
Yapp: At those intersections.
Champion: So that's about 16 per year.
Throgmorton: Pretty much.
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Champion: I think it'd be easier to get struck by lightning than to get killed at this
intersection. With 16 ... as everybody knows I don't approve of these cameras. I
don't think we have a ... I think I approve them in certain areas. I think they've
been a life saver on 380 in Cedar Rapids. That's certainly a proven point. I'm
not going to go into my whole spiel. I just don't like the idea of cameras
controlling what are usually law abiding citizens. We've all run red lights. You
might not even know it, but I'm sure we've all done it.
Hayek: Hey, Connie, why don't we complete the input and then do our...
Champion: Oh, I'm sorry! I just want to go home!
Hayek: I know! I know! (laughter) We're running on empty here, but let's ... I would
suggest that we, uh, ask questions and...
Dobyns: I had a question, um, regarding the, there was a range of prices, uh, $65 to $100. 1
believe City staff recommended the $100 rate.
Yapp: For the citation.
Dobyns: For the citation itself. Um, can you kind of explain to me how that was brought
about because my sense is that there isn't a significant amount of numbers, and so
was the larger number chosen because we have to cover costs?
Yapp: Chief?
Hargadine: Well, we also looked at the price of a ticket that you would get if it were written
by an officer, which is much higher. Um, and so that's why we landed on $100.
Um, we've also talked to a couple of other communities that had it lower, uh, a
lower fine, and they wished they would have started out at a $100.
Dobyns: Why?
Hargadine: Um ... they didn't really articulate that. It was just, you know, we have the ability
to go back and what would you do different, and that was one of the things. Uh,
that and including a late fee, if...if it's not paid. Uh, there were several
jurisdictions that have no, uh, ramification for ... for not paying it and they wished
they would have cleaned that up when they enacted the ordinance. One of the
things that, um, to address the, uh, the concern you had, Connie. We had a, uh,
from John's office we had interns go out and actually do a survey, uh, of some of
these busier intersections, and while the crash data may not be as impressive or as
high as, uh ... um, you know, that ... that causes them ... the impression that we've
just got to have these, some of these intersections are being run between 100 to
200 times a day. It's just a matter of time before there's a pedestrian in ... in front
of one of those, uh, intersections that ... that are being run. It's about
accountability. We're not ... we're not asking you to ... to make it against the law
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to run a red light. It's already there. We're asking for ... for the ability to, uh, hold
people accountable that that's their main, um, driving behavior, and if...if they're
never hold ... held accountable, they keep runnin' `em and in the ... in the areas
where they put red light cameras in, um, for example Cedar Rapids, they have
been able to successfully modify driver behavior, and that's what this is all about.
Payne: Question on (mumbled). Um, how many tickets have you, have the police
actually written at these intersections for somebody running a red light?
Hargadine: I do not have the ... that statistic in front of me.
Payne: I mean, that's part of modifying behavior too is actually giving somebody a ticket
for an infraction.
Hargadine: That's correct, but we can't be at every intersection.
Payne: No, but if you've never written one at one of these intersections...
Hargadine: I can tell you it's not never, uh...
Payne: Well, that was probably... sarcasm. Sorry! (laughter)
Hargadine: Well, uh ... I ... I don't know. I don't have that ... I could pull that up in the annual
report. It would be, you know, tickets city wide, um ... we could do it specifically
for intersections as well, but as soon as the police car leaves the block, the
behavior goes back. It's like having a ... a radar trailer on your block. People do
slow down to see what kind of speed they're... as they're driving through. When
the trailer moves on, they go back to their original behavior. It's the same thing
with a... a rove... a roving police car.
Payne: Is there any, uh, statistics that have been done in let's just say Cedar Rapids of
how many vehicles find alternative routes, so you're pushing traffic in ... instead
of driving on a main thoroughfare you're driving through a neighborhood, instead
of driving on that thoroughfare to miss the red lights?
Hargadine: The only pertinent statistic that I can quote from Cedar Rapids is the overall
reduction in crashes city wide. Because they modify driver behavior city wide.
Dobyns: I noticed some of the recommended intersections are sequential, um, concern is
that is the dis ... uh, does traffic engineering have a sense of how sequenced, um,
intersections would slow down traffic, I mean, one might not affect behavior, but
if you have one, two, or three in relatively approximate sequence, would that slow
down traffic and like make people drive differently between those monitored
intersections?
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Yapp: Um ... the reason for the ... the Gilbert Street corridor and the Burlington Street
corridor are both very high, uh, they have high incidences of red light running and
high pedestrian use. Uh, if this technology were implemented at three sequential
intersections, the effect ... I do not believe there would be an effect on traffic
speed. Uh, when we've monitored red light running, it's after the signal has gone
red. There are two to three to four vehicles that continue through the intersection.
Uh, even after the opposing legs have gone green, including the pedestrian
signals. It would modify that type of behavior.
Payne: Do you have any idea if some of that is because the light doesn't actually stay
green long enough? Like maybe only two cars can go through on the green, so
extra cars go through because they sat there through six or seven lights?
Yapp: I do not have evidence of that ... to that effect, no. The issue with green times is
it's ... there's a ... if you give more green time to one leg of traffic, you're taking
away green time from the other leg of traffic, and ... and we do continually balance
the traffic signals according to the traffic patterns.
Champion: Chief, you said it had cut down the accident rate in Cedar Rapid, city wide. Does
that mean it cut ... are you saying that it cut down the accident rates in all the city,
that didn't have, uh, cameras?
Hargadine: That is the experience that they had, correct.
Throgmorton: John, I'd like to ask you some questions about your table ... table 1.
Yapp: Yes.
Throgmorton: I want to make sure I understand the table. And it's not ... doesn't look that
complicated and I want to make sure I've got it.
Yapp: Of course!
Throgmorton: Um, so um... 163 vehicles at ten intersections in ten years ran the traffic signal?
Were red light running vehicles? Would...
Yapp: These are collisions due to red light running.
Throgmorton: The 163 is collisions?
Yapp: Collisions, that's correct.
Throgmorton: What does total crashes mean then?
Yapp: That is total number of collisions, uh, both including red light running collisions
and other types of collisions.
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Throgmorton: Okay, so um ... when I do an x/y plot of, um, of ran traffic signal against total
crashes, I end up with no correlation whatsoever. I haven't tried to, you know,
come up with the ... a correlation coefficient, but the plot looks like this. It's just
a ... it's just a shotgun. You know? So that tells me that there's no necessary
relationship between red light running and crashes. I mean, you know, the
number of crashes at an intersection. So if...if the object is to reduce the number
of crashes... other things need to be done, and so then the question becomes what
really is the problem. So my gut sensation is that this is a solution in search of a
problem. All right? So that ... that worries me. All right, but now ... I ... I
understand, I've got the data right and I think I'm plotting it right. So another
question has to do with, uh, just Burlington and Madison as an example, uh,
according to the second para ... I'm sorry, the last paragraph on the second page of
the report, uh, using that paragraph and the information contained in it, when I
look at Burlington-Mad ... and Madison, I would expect to see over 300 red light
running vehicles, but table 1 indicates 9. So, am I misreading that paragraph?
Yapp: Yes!
Throgmorton: Help me understand.
Yapp: Uh, 9 collisions is the total of...number of collisions due to red light running.
Throgmorton: Okay.
Yapp: The 300 is an estimate of vehicles actually running the red light.
Throgmorton: Okay, good.
Yapp: Um, and that was based on a traffic survey we had done, and we found .6% of
vehicles, uh, within our survey run ... run the red light.
Throgmorton: Okay, good. It's helpful for me to know that. Urn ... let's see, um, want to make
sure I understand the revenue part of this ... also. Um ... revenue's coming from
the ... the fines that would be, uh, levied? Not levied but charged, urn ... oh come
on, Jim, where are you? Um ... when I look at, I guess it's page 3...4 of the report,
it's got the charts ... it's basically where you say you recommend a $100 per, uh,
as a fine for each infraction. Uh ... when I apply that to the ... to the ten, 163, well
this is where I've got to make sure I understand. 163 red light violations at ten
candidate intersections over ten years. That would be, uh, a total amount of, uh,
total fine of $16,000 (both talking)
Yapp: Well, again, that ... that 163 is collisions.
Throgmorton: So ... so what would the number of infractions be likely to be ... for those ten ... ten
intersections then? I want to get a sense of...
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Yapp: That's difficult for us to answer at this point because ... what we hope will happen
is that the number of vehicles running the red light will be reduced significantly.
Uh, in which case the ... any fine revenue would also be reduced.
Throgmorton: Okay. Okay, so I have some other concerns, which really have nothing to do with
the table, and we can get to them in a ... later on in the discussion I guess, but what
I said about the x -y plot and relationship between red light running crashes and
total crashes... concerns me.
Hargadine: Well, I think that's about half of the equation. The other half is ... is the people
that are running a red light but haven't hit anybody yet, it's about getting people
to comply with the existing state and city laws. For example, if...if just one
intersection has between 100 and 200 people running it per day, at what point
when they hit somebody is that going to then be a sta... statistic that we care
about.
Throgmorton: Got that, but ... but I see at these ten intersections, a total of 15 major injuries in
ten years?
Hargadine: But how many people ran it and got away with it?
Throgmorton: But there weren't major injuries.
Hargadine: So it's okay?
Throgmorton: No ... I ... no, I ... all I'm saying is if we look at these ten intersections and ask
ourselves would, uh, this, uh, camera device ... help reduce the number of injuries
significantly ... I find it hard to get to that point. I know I don't (both talking)
Hargadine: I think if it increases compliance... with the traffic law, it has to, and I ... and if you
ask me to prove that mathematically, I can't do that, but uh, um... it would have
to ... the more compliance you have with the traffic laws, I would think it's
reasonable to assume that you're going to have fewer injuries, uh, and fewer
crashes, fewer dollar loss.
Payne: It's just risk. You're decreasing your risk then. Because right now you're saying
the risk is high because lots of people run the lights. You put the cameras in.
You're saying the risk is going to go down because the hope would be less people
would run the lights.
Hargadine: That's the goal, but one thing, we are totally different than Cedar Rapids in that
we don't have the highways and thoroughfares that Cedar Rapids does. A
different... they have different traffic problems, but they don't have the ... the
volume of pedestrian and bicycle traffic that we do either.
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Hayek: Are there more questions for staff, uh, at this time? Okay, what I'm going to
do ... thank you, uh, we may need to bring you back up, obviously. Um, I'm sure
there are people from the audience who want to address us. We've been going for
two and a half hours. I think we're starting to run out of steam, and there's more
to do. So if you have a comment on this issue, I ask you to try to limit it to three
minutes. We're going to shorten this to buy just a little bit time, uh, of space here,
urn ... but we do want to give the opportunity for public input on this. So, same
drill — if you're interested, uh, please sign in, give us your name.
Enzel: I'm Susan Enzel. I live at 216 Magowan Avenue and I work in Cedar Rapids,
Iowa. I'm a long -time resident of Iowa City and I would like to comment about
the proposal to install traffic cameras in an effort to persuade drivers to stop at red
lights. And if possible to slow them down. Up until the flood, my office was in
downtown Cedar Rapids on First Avenue. It was actually dangerous sometimes
to cross First Avenue at 9:00, 10:00 in the morning, because even though the
pedestrian light had turned `walk,' you'd have to look to the left to make sure
there wasn't someone speeding up to barrel through the intersection. And if
literally there would have been more than one time if I would have stepped out
when it ... when `walk' I wouldn't be standing here. So it's not just about the...
not just about the drivers, it's about the pedestrians and the sense of danger that
goes along with seeing people, experiencing people shooting through an
intersection, and they're usually going over the speed limit or they wouldn't be
getting through the intersection. Secondly, I have drive 1 -380 through Cedar
Rapids many, many years and they ... one really risky thing is that elevated turn
that goes over the river, urn ... and uh, vehicles routinely were going, you know,
65, even 70 miles an hour on that turn, and especially on the times when there was
inclement weather, when the roads were icy or when it's really windy, trucks
were blowing, you know, there were collisions on that turn, and the ... the cameras
have been extremely effective in slowing people down. People are now going 55,
maybe 60, on that interstate over the big loop, which is very, very scary to drive.
I have ... also understand that it has reduced the number of vehicular accidents in
Cedar Rapids and the number of personal injuries. One of the things that I think
is odd is that people object to enforcing the law, that the idea that to have cameras
that will just make us more compliant with stopping when there's a red light and
driving the speed limit, we ... we need to rationalize, we need to defend that? I... I
think that's a waste of time. Of course we should be driving the speed limit. Of
course we shouldn't be running red lights. And I almost ran one tonight, Connie.
If I had, I should get a ticket, okay?
Champion: We've all almost done it.
Enzel: Or we have done it. Let's admit we have done it! Another issue that comes up,
and I hear ... I was telling one of my colleagues today that I was going to speak on
this issue here in Iowa City, and she works in Cedar Rapids, and she said, oh, the
City'll raise a lot of revenue that way! And that's what's happened is that a lot of
citizens in Cedar Rapids have seen this as a diabolical plot for the City of Cedar
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Rapids to raise money, and I suspect you're going to have some objections to this,
uh, ordinance based on that, that this is a diabolical way that the, uh, City Council
is going to raise money, revenue, for the City of Iowa ... Iowa City. Well, I say, so
what? If that's the, one of the side effects of enforcing the law, that there actually
will be fines and money coming in to the City treasury, I think that's great. If
people have some problems with that, they can just obey the law and not
contribute to the fines. So ... I'm going to wrap up here, but I just really urge you
to give serious consideration to, um, approving this ordinance and putting in the
traffic cameras at select intersections. You'll have a... it's a very quasi -
experimental design, but you can then, uh, have the police department keep track
of vehicle collisions and personal injury accidents over a period of years and see
whether then it would be worth renewing the contract with the company. So
thank you.
Hayek: Thank you for your comments.
Delzer: ...my original issue (noise on mic). Uh, I'm Greg Delzer, I live at 417 Kimball,
and ... I'm reminded of the gentleman who spoke, uh, during the open comment
period about the pedestrian who was hit by a car and received the ticket, and I'm
wondering why we're also not talking about the scourge of red light walking
which occurs and if that was ... if the idea of this is to make the intersections safer,
you could extend that to say that we should just be putting up cameras to also
identify people who are breaking the law by walking against the red lights,
thereby keeping them from potentially being harmed or harming of vehicles, and I
can imagine the type of reaction you would get if you were going to say that we
should put cameras up to identify pedestrians who are walking against the light,
and then going after them to give them a citation, and I can't picture why this is
much different than that idea. Uh, it seems to me that if we're going to, uh...
keep, uphold the law that ... to do so for the protection of citizens at intersections
that we would also extend that to doing that for pedestrians. Thank you.
Hayek: Thank you for your comments.
Sylvan: Book dealers, we're meddlesome! Um, I am Nialle Sylvan, address 1722
Morningside Drive. I just want to draw to the attention of the City Attorney in the
presence of the Council, I believe it was 2001 or 2002 when a court, uh, case went
before the Supreme Court of Iowa in which a gentleman was able to bring a
successful constitutional law challenge, um, to a traffic ticket that he received, uh,
speeding violation on the interstate. Um, I don't remember the gentleman's
name. I'll talk to you later about the lawyer involved. I do remember his name,
urn ... basically the Supreme Court found that a ... an officer has to swear under
oath before a notary public bec ... if the officer sees somebody engaged in a crime.
I don't know what the applications might conceivably be for this situation,
since ... I don't know if that applies to things you witness on a camera.
Dilkes: Yeah, I'm ... I'm aware of that case. It dealt with the criminal charge.
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Sylvan: Yes.
Dilkes: Um, it would not be applicable in this case (both talking) with respect to this
enforcement mechanism, the Iowa Supreme Court has ruled that it's, um,
constitutional.
Sylvan: Okay! Just wanted to make sure the City wasn't going to get charged money if
people object.
Hayek: Thank you for your comments. Anyone else? Thanks (mumbled) (noises on mic)
Knight: Guess I'll use this one! Uh (laughter) um ... on a couple issues that were brought
up with this whole thing, um, for pedestrians. I know one of the issues is I feel,
you know, this thing can get like 5 miles an hour. I don't make it across the
intersection within time. I don't know what all needs to be done, but if I was
walking ... I'd feel like I'd need to run to make it to the other side. So ... what can
be done with like raising time for the pedestrians, so then they don't feel like,
well ... I'm going to have to risk it just to make it across in time without getting
hit. Um, another issue I think we need to bring up is taking paperwork off of the
desks for the police officers. Get them out there ... you know, they shouldn't have
to be doing an hour's worth of paperwork because they wrote one ticket. Get
them back out there so they can write more, so they can catch these guys, and then
(mumbled) go to these cameras to catch these people that might have done a small
little mistake. That's my issue and thank you.
Hayek: Thanks. Could we get your name, just for the (both talking)
Knight: Oh, sure, I'm Roger Knight Jr. Sorry about that!
Hayek: Thank you.
Rosenbaum: Hi, my name's still Rebecca, and I still live on Howell Street. And I appreciate
your incredible stamina and think you should all get paid more! Um, and I was
just suddenly inspired to speak by the gentleman in the wheelchair. Without a
cane I can't make it across the intersection. I'm 60 years old. I'm glad Jim
Walters brought up Nancy Siberling. She's in a nursing home. She has
Alzheimer's. Her son lives down the block from me. My mother's not in a
nursing home; she has Alzheimer's. We have senior housing downtown. We
have people older than me. The traffic signals do not have to consider only traffic
flow. They must consider pedestrians. You must give us more time to cross the
road. There simply isn't enough time. The thing is blinking before we get there.
It's really not ... not all right. Many intersections in this town are accidents
waiting to happen. I think we remember Susan who was killed. Susan, I'm sorry
(unable to hear, away from mic) Susan Rotman was killed in a wheelchair
crossing Burlington and Gilbert. She should be here speaking tonight, and I speak
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in her memory. Please consider pedestrians. On the other hand, I greatly
appreciated what somebody said about pedestrians sometimes when I'm driving
down Burlington Street and I see a group of students jaywalking on the diagonal,
I think they look like really stupid sheep. So it goes both ways. I do drive a car.
I do walk when I can. And I don't think this town has the, um, intersections set
up right. Something's wrong! Thank you very much, and we're all having a long
night!
Hayek: Thank you... for your comments.
Rosenbaum: Do I have to sign in again? Because I talked again? (mumbled) Thanks loads!
Hayek: Anyone else?
Minor: Uh, yeah, hello, my name is Ross Minor. Uh, I just thought I'd mention that I
have a lot of faith in our police department here. I have a lot of faith that our
police department know what they're doing and can, uh, you know, have pretty
good brains and can see with their own eyes when a crime is being committed.
And, uh ... I think I'd ... I'd rather trust an officer than ... than a camera. And I
think an officer knows the difference between somebody who's blatantly running
a red light and mistakes that (mumbled) will happen. Just the first thing that
jumped in my head is, uh, I don't remember what winter it was, urn ... must have
been 2006, 2007, something along those lines. Got up to drive to work in the
morning. Ice storm the previous night. Got in my car. Pulled out of my
driveway. First intersection I crossed, hit the brake, slid right through it. Clean
through, not even dead in the middle but clean through. Maybe I deserved a
ticket for that and maybe I didn't, but I think if an officer saw it, the officer would
know. Camera wouldn't know! I would have got a ticket in the mail, and uh, I
think that that's one example out of, you know, probably dozens that this room
could come up with, in having faith in our police department and not having faith
in a machine that doesn't know the difference.
Hayek: Thank you.
Adams - Hiett: Sean Adams - Hiett, Deforest Avenue, or 926 Deforest Avenue. Um ... uh, so when
talking about the ... the red light cameras and um, listening to people talk about
the, uh, you know, why would we even have to defend something that causes
people to obey the law. Um, I think that there's always a case that can be made
for why there should be a more and better methods of enforcement. Um, and I
think that the ... the concern that I have is that it's a slippery slope, you know. At
what point does it become too invasive in our lives having cameras watching us
all the time, every time I go out and about it seems like there're cameras in more
places recording what I do. Um, at all times, and I don't think it's necessarily just
a consideration of, um, causing people to obey the law. You know, I've run a red
light and yes, maybe I should have gotten a ticket for that, or maybe, you know, I
got lucky, nobody got hurt, I wasn't intending to run the red light, and I didn't
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light, and I didn't have to pay a ticket for that, and I think that that's okay. That's
just my opinion, but I'm going to put it out there, urn ... and the other thing that I
have that is a concern is not so much the sinister plot that is raising revenue for
the City, uh, but I do question the profit motive of a private company taking a
share of the revenue, um, that sort of thing, you know, where a company is
profiting off of, uh, people running red lights just kind of automating this sort of
thing. it's ... it's a very strong concern to me because it makes me wonder what is
really the motivation there. Is it really that we are trying to, um, protect people,
and trying to enforce the law, or are we just enriching ... uh, private company? So
those are my thoughts.
Hayek: Thank you for your comments.
Ross: Hi, Brandon Ross. I would just say just in this one minute that sometimes we're
so, uh, focused on flow, the traffic flows, but we're not ... we're not focused
enough on walkability, or just livability, and that even things like having trees
lining streets actually slows down traffic. Studies have shown this. And, uh, it's
a long -term process, uh, of city planning and uh, and seems to work better than
gadgets, and uh, so I think that in making your decision tonight, whatever way
you do, that there are other ways that you can make a place, uh, more safe and a
lot of it has to do with .... with those kind of things, which is just normal planning
within the city and things like trees do tend to slow down traffic. People, uh,
actually pay attention to them when they're driving, instead of when they're on
a ... you know, on a road that seems like, you know, basic traffic sewer, where
they think, well, there's nothing to look at here. I'll just ... I'll just rev up to a
hundred miles an hour and get the hell out of it. So, I think that's a ... that's a
point to consider maybe.
Hayek: Thank you for your comments.
Carlson: (mumbled) I took driver's ed in the...
Hayek: Sorry, give us your name again.
Carlson: I'm sorry! Nancy Carlson. Back when I took driver's ed, back in the dark ages,
um ... our instructor informed us that driving was a privilege and not a right. And,
from all these things ... from all the things I've heard tonight, it's like we have a
right to do this. No, driving is a privilege that we need to think about and be
careful o£ Uh, our police department has a lot more to do than they used to, uh,
the economy has gone down and so they don't have as much money. So how
much money would it cost the city to put a police officer out there to write tickets
everyday? What is ... you were concerned, Mr. Throgmorton, with the economics
of this. Okay, so what would it cost the ... the City to have one police officer out
there 24 hours a day, 365 days a week... what... what would the economic
breakdown of that be? Uh, I think our police department can be better used, uh,
with dealing with other things and uh, you know, if you don't run a red light, you
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don't get a ticket! It's very simple. If you park and you overpark, you get a
ticket. If you don't overpark, you don't get a ticket. Thank you.
Hayek: Okay. I'm going to close the ... the public input portion of this and let's have
Council discussion and take a vote.
Champion: I think I've already said my piece.
Dickens: I guess I'd .... I'll speak in, uh, I really appreciate the concerns about, uh, crossing,
especially Burlington Street seems to be one of the major places, uh, the lights
seem to change very quick. I used to be considered fast and it's tough for me to
get across those streets any more, uh, since the Post Office downtown changed,
we have to go up to the main Post office now so I didn't used to have to go across
Burlington Street. And I'm talking from personal experience here. It is ... not
unusual, I usually go maybe once a day or once ... two or three times a week. At
that intersection alone I've been about hit ... I would guess 50% of the time
because people running red lights. I ... behavior is, uh, the biggest concern.
Changing the behavior of people running red lights. Everybody's in a hurry.
Burlington Street is very congested, and it seems to be a place that people will run
red lights, uh, semi truck just looked at me and grinned as he went through it, you
know, as I'm standing there with the light to walk. Um, finances, if it's a break -
even for the City, I've said, that if it changes the behavior, the way people drive,
if it saves one person, it's worth it to me. And, it's a consideration that we need
to look at, but also we need to look at the timing of the ... for the pedestrians to get
across the street. The vehicles can be replaced, uh, that's why we all have
insurance... people can't.
Payne: I guess I ... you're talking about changing in ... of behavior, and I think there are
other ways to change behavior, rather than having "Big Brother" breathing down
your throat all the time. And the example that I can think of is how many people
would even think to drive 27 miles an hour through University Heights? I mean,
you just don't do it ... cause you know you can't, you're going to get a speeding
ticket, and there aren't ... there aren't cameras over there! So there is ways to
change behavior without using cameras. So, I ... I just think this is too much of a
"Big Brother" thing to me.
Throgmorton: Maybe I'll hop in here just to have a little balance, going back and forth. Uh, I'm
going to vote no tonight, um, but I could be persuaded to change my mind if, uh,
the concerns I'm going to express are addressed, uh, adequately in my view. So
what are my concerns? Well, sort of a Big Brother point that both Connie and
Michelle have expressed. So I'm pre- disposed from the get -go, uh, not to support
the proposal. I think we're already observed too much. That's my predisposition,
so I also don't like the time lag and this is one of the points that maybe I can be
corrected on. The time lag between the moment a ... a car goes through, or
vehicle, goes through a red light, and the moment when that ... the owner of that
car, uh, gets notified of a violation. So I imagine myself in that situation. I think,
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okay, three weeks after some event I get a notification that I've, you know,
violated, uh, you know, the... or I ran a red light, and I... and I ask myself, "Huh?
When was that? Did I do that? I really don't know. I can't remember," you
know. Uh, and moreover, so there's this time lag concern I have. Moreover, I'm
concerned about the, uh, what I think of as a decoupling of the ... of the vehicle
from the driver. In other words, a vehicle goes through the red light, but it's the
driver ... it's the owner of the vehicle that gets a ticket. Whereas I think it's the
driver of the vehicle that ought to get a ticket, or a fine. So, again, that's a
concern that maybe can be addressed, but it's one that I have. And, as I've
already said, I don't see, based on the data any coherent connection between the
number of red light running collisions and the total number of collisions at the ten
intersections already mentioned. So I don't ... don't see, uh, that there would
necessarily be the kind of benefit uh, hoped for, and I guess there was like one
other thing I had. Um ... um ... where is my one other thing? Oh yes, many of the
people who have spoken have articulated ways in which, uh, the use of, uh,
that... articulated ways in which a variety of factors can cause a collision or
accident involving a pedestrian. I think of Susan Rothman, for example, she was
a friend of mine. Uh, I was horrified when she died crossing Burlington Street at
Linn Street, but she got hit because a driver was driving into the sunlight, and you
know what that's like, uh, when the sun's setting at a certain time of the year,
right ... the sun's right there, you can't see squat! So she got hit. It's ... I was
horrified by that, but it was a fact. And then other people have
already... articulated really well some other causes of collisions and so on. So I'm
not convinced that this solution is ... is necessary or the best solution for the range
of factors that actually cause collisions and injuries. So, you know, I'm going to
vote no. Perhaps I could be persuaded to change my mind.
Hayek: I'm going to, uh, be supportive of this. Uh, let me explain why, but this ... and
let's remember what this is and what this is not. This is enabling legislation. This
is not a contract, and... and all along we've talked about, um, at least those who
were on the Council last year said, you know, we're willing to look at this, uh, but
we want to see a contract. And ... and that's important, because this just allows
staff to pursue that and bring a product to us for... for review. This is something
that ... that not only the police department but our transportation planners, um,
asked us to look at, um ... and ... and this allows them to go out and ... and pursue a
contract for ... for our review, and ... and as part of a contract, and I've said this
before, I'll say it again — I would want to see, uh, what exit rights the City has,
what opportunity we afford ourselves, uh, if we go down this, uh, if we go with
this project, uh, to ... to review the data and ... and the experience and uh ... and
uh ... what opportunities we have to get out of such an arrangement if we don't
like how it's going after a period of time. Um, those ... those things would be
important to me, um, if we get to a contract, uh, point. Uh, I don't consider this to
be Orwellian. I don't consider this to be a money grab, you know, we use
technology regularly, uh, in the execution of city functions and ... and uh, I ... I
think our police officers are better deployed, uh, elsewhere in the community.
There's a review by a human being of ... of these, um, charges and uh, or fines,
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and there's an appellate process. Uh, in fact I think there are two different options
— one within an administrative process, and one to the district court. Um, so a
computer does not determine your fate on this, and ultimately I am willing to look
at a contract.
Mims: I also am ... am willing to look at it. I ... I'm not, uh, certainly not a fan of the idea
of more and more cameras, and it's kind of interesting to hear, you know, the
difference of opinions, um, you know, one of the things about, you know, the...
the separation of the identity of the driver and the vehicle was just that — for
personal privacy, to try and take some of that, you know, "Big Brother" aspect
away from it is the way it was ... has been explained to us in the past, and so the
photograph is of, it's my understanding, is of the license plate, um, not trying to
take pictures of the occupants, um, of the vehicle. And ... you know, I don't have
a problem with the fact that the owner of the vehicle, um, is the one that gets the
fine. Um, as owners of vehicles we should be responsible for who ... who's
driving our vehicle, um, and so we have to take ... we do have to take that
responsibility. Again, I ... think people have made good points. I would ... I won't
repeat everything Matt has said, but I think the idea that you know, we have an
exit strategy, we have an opportunity to look at this, see if we're seeing changes,
um, I know certainly... and I don't think it's just getting older. I think it's just the
more I drive and am more on the road, I find myself more and more frustrated
with drivers out there, uh, people doing crazy things, and if this is ... I think
probably one of the ... an effect, hopefully an effective way and an inexpensive
way for the City to try and effect behavior and change behavior than I think it is
certainly worth a try. And so I will support it.
Dobyns: I think the City staff has been proactive in bringing forward a new technology that
we need to consider. Um, I do see, um, some association between traffic, uh,
involved in intersection, um, and the number of crashes and, uh, incidents. So I
will be, uh, supporting this first consideration.
Champion: Is this first consideration, or was it just to...
Hayek: First.
Champion: There has to be a resolution to look into the program?
Mims: This is an ordinance.
Karr: This is a code change ... to allow.
Champion: Oh, okay. All right.
Hayek: Okay. Roll call, please. Item passes 4 -3, uh, Council Members Payne,
Champion, Throgmorton in the negative.
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Karr: Motion to accept correspondence.
Mims: So moved.
Dickens: Second.
Hayek: Moved by Mims, seconded by Dickens. Discussion? All those in favor say aye.
Can we have an aye here? (laughter) Opposed say nay. Uh, motion carries 7 -0.
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ITEM 15. CONSIDER A RESOLUTION APPROVING, AUTHORING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA
CITY AND NEUMANN MONSON PC TO PROVIDE ARCHITECTURE
AND ENGINEERING CONSULTANT SERVICES FOR THE ANIMAL
CARE AND ADOPTION CENTER PROJECT.
Payne: Move the resolution.
Dobyns: Second.
Hayek: Moved by Payne, seconded by Dobyns. Uh, discussion?
Champion: Well, my question is, do we actually know how, I mean, what the Animal Center
is going to contain? I mean, if we can't get 28 -E agreements with other
jurisdictions? Do you know, Tom, I mean...
Markus: I'm not sure I understand the question.
Champion: Well...
Markus: You mean how big is it going to be?
Champion: Yes, I mean, it's ... we've already decided a size, but if Coralville and the County
and other...
Markus: We haven't decided a size yet.
Champion: Oh! So what are they designing?
Markus: They're going through two stages, and the first stage is to, um, describe, you
know, the functions of it. In that time period we will also be meeting with the
other jurisdictions in Johnson County to determine if they're going to participate,
which will then determine the size.
Champion: Okay. Okay.
Markus: I think it fits together pretty good sequentially.
Champion: And is the hourly programming fee $30,000?
Markus: No, that ... no, there's ... (laughter)
Hayek: It's not per hour, Connie!
Champion: Oh, that's what it says! (laughter)
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Markus: There's three parts to the first phase. That's what that describes.
Champion: Okay. I figured... yeah, okay! All right. And that's (both talking)
Markus: That could have been worded better, I think.
Champion: You think I'm starting to imagine things? (laughter)
Markus: No! You're...
Hayek: No, but you raise a good point, that the size and what we commit to in terms of
the capital investment, and what we commit to in terms of the ongoing operational
budget will be in part determined by the, uh, interest among other local
jurisdictions and participation, uh, with this project.
Markus: (mumbled)
Payne: This, I mean, this actually says the goal of this work is to determine the size,
construction cost, and a vision, so that's what part of this is, to determine...
Markus: Exactly!
Hayek: Right, so...
Markus: Both capital costs and operating costs are to be determined as a part of this
ongoing discussion with the other jurisdictions in Johnson County.
Hayek: And by the way, I confirmed those, the fees that are referenced in there were the
result of competitive process. So we ... we compared, there were bids on ... on the
fee side.
Champion: Okay. No, I understand that. I was just questioning the hourly programming
(mumbled) $30,000. I'm going to take up that occupation!
Hayek: Further discussion? Roll call, please. Item passes 7 -0.
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ITEM 18. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: Could you raise your hand if you wish to address the Council, and have ... and
haven't addressed the Council, or didn't address the Council during the first
community comment? Okay, I see about a half dozen names. It is ... I'm going
to ... we'll allow for a little bit of comment, but it is so late ... this Council's been
going for about five hours now and I think staff and the Council are running out
of steam. So ... we'll go ahead and do it. Step forward. Please limit your
comments to two or three minutes, and we'll go for about 15 minutes and then
I'm going to call this meeting to a close.
Michaud: I'm Pam Michaud and I live on College Green Park. I have two houses. Helen
Burford ahs two. Between the two of us we have 25% of the 16 hours on the
park. Um, but I think this might save you some time and the people that are here,
that um, as far as saving the three houses, two of them have been completely
gutted, so there's no concern about saving them. Um, the only one that could
possibly be retained would be the Red Avocado and that's extremely problematic,
as you know. Um, the salvage barn ... those people have worked days and days
taking out all the woodwork, the hardwood floors, um, there is nothing to walk on
because... except joists, so those are shells of buildings. It's just the Red Avocado
that remains. Urn ... you know, in a dream world I'd say save the Red Avocado
and put up a three -story building there and do some kind of swap with these
builders so that they would come out okay, but ... that's a dream world. Thanks
very much.
Hayek: Thank you.
Sobolewski: Good evening, my name is Edward Sobolewski. I live at 746 Juniper Drive. Um,
I just wanted to take a moment ask the Council to do everything that it can to, uh,
help the Red Avocado stay open. Um, I understand that the construction project
is within the bounds of the zoning code, and it meets all the appropriate legal
standards. Uh, one thing that I'd like to mention is my wife and I moved here
from Tallahassee, Florida, um, when we were considering moving up here, one
thing that we noticed that, uh, was a strong similarity between Tallahassee and
Iowa City is a strong focus on local business, um, community- supported
businesses, agriculture, that sort of thing, and if the Council doesn't do everything
that it can to help the Red Avocado stay open and functioning, it would be a great
disservice to this community and to the residents of the community. Thank you
very much for staying here as late as you have. I didn't actually think I'd be able
to make it.
Hayek: Thank you for your comments!
Burt: Good evening. My name's David Burt. I live at 102 Parsons Avenue in the
Glendale area. I'm co -owner of the Red Avocado. Um (mumbled) the Red
Avocado as much as, you know, the energizing nature of 5,000 signatures have
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Knight:
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had. You know, clearly an issue has been energized (mumbled) issue and uh, you
know, I hear people saying... mostly I hear people saying something is wrong.
Um, and I realize you already know ... you're not in a position to do anything
about this specific instance ... at Washington Street, but uh, you know, I encourage
you to listen to, uh, people about this issue of something being wrong, something
being imbalanced, um ... you know, if it was a body we'd say it's a symptom;
there's a disease, potential disease happening. And uh ... what else I'm seeing is
people juggling who's responsible for this? And clearly you're not responsible. I
think the developers would consider themselves fine within the codes and all that
so ... I'm also hearing people rise to their... fulfilling their, uh, obligation of
responsibility to this issue. So, um, given the energized nature and energized
times, very small nudges can make very big effects so I encourage the City to rise
up to whatever responsibility you feel like you have with this issue for the future
vision of the city. It seems again an issue of who's responsible for the vision of
the city ... the train seems to be kind of running away with itself. So, uh ... it's a
dialogue. And it's (mumbled) a chance to, uh, just take a hold of the train again.
I think that policy can help. I know that nothing can be done over there, but I
really encourage you to hear the voice of 5,000 people nationwide, worldwide, for
a certain vision. And uh ... encourage you to ... start discussing a vision and
hearing these ... these people. Thanks so much for your stamina! (laughter)
Thank you ... thank you for being here tonight. (applause)
Um, I just have one ... I'm not sure...
Hayek: Give us your name once more just so ... we have t keep record... notes.
Knight: Roger Knight Jr. Um, I just had one little thing. The sidewalks, especially
downtown by the ped, er not the ped mall, the ... Old Cap, they're... they're some
that have like cracks to `em and splits and what not, and especially for me in this
wheelchair, I'm bumping around and I'm grinding my shoes on `em and one time
I hit one it dang near threw me out of the chair. I don't wear the seatbelt on it
because if you flip over, you're stuck in it. So, that's one reason for that but just
to ... I don't know if it's you guys I need to talk to or...
Markus: We will pass it on.
Hayek: Yeah. (both talking)
Knight: Okay, thank you!
Hayek: Thanks for your comments. I'd encourage... if you ... if you have already spoken,
to let others speak. Thanks.
Carpenter Sinclair: My name is Joanne Carpenter Sinclair and I live at 616 Rundell Street.
Um, I understand that certain decisions are set in stone. There are laws in place.
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There's not much you can do at this point for, um, the building that the Red
Avocado is in and the ... the buildings next to it. Um, I am, uh, lucky enough, both
as a renter and as, um, on 7th Avenue, and as a homeowner in the Longfellow
Neighborhood that I live in an area where the buildings are historically preserved
and protected. Um, at one point though, that wasn't the case and these were
buildings that people in the community decided, um, that needed to be protected,
even though they weren't ... at that point, um, his ... uh ... you know, preservation
buildings. Um, they did this so that in 25 to 50 years they wouldn't look at that
part of town and... see, um, bland cookie - cutter high -rises and apartment
complexes, and just because a business isn't ... in a building, isn't in a
conservation or preservation district, doesn't mean that it doesn't deserve to be
protected, and that the City shouldn't reassess its zoning laws. Um, I'm not anti -
student, I'm not anti- development. That ... Iowa City needs more
afford... affordable housing and spaces for small businesses. Um, and
entrepreneurs to open up shop, um, we need to be innovative and we need to be
able to thrive in the future. There are parts of town that desperately need make-
overs and need ... and do need to be developed. Um ... we also need reasons for
people t want t live here. Um, I am in opposition of non - innovative destruction of
vital long- standing, already existing structures and small businesses for the sake
of development and profit on the short-term. I am in opposition of only giving
businesses 30 days notice to vacate their buildings of operation. I've worked for
the same local salon in town as a hairdresser for ten years. Five years ago we
moved to a new lo ... location, um, we moved from Linn Street to, uh, Jefferson
Street, and we expanded. Um, it took us six months to renovate and relocate, and
we were fortunate enough to be able to open, um, be ... remain open at our
previous location while we were working on construction, um, in the new space.
Um, given our particular plumbing and electrical needs which are very similar to
what a restaurant would need, um ... we would have never been able to be open
and operational in as short a time as 30 days. Um, that could have never
happened. Um, giving a short period of time for a business, like a restaurant or a
salon, is in effect closing it. Um ... uh ... if Iowa City prides itself on our literary,
artistic, educational, and cultural heritage, please keep our culinary and historical
heritage in mind when you are hoping chart Iowa City's future. Zoning laws and
eviction laws in town for businesses need to be reassessed so that when these
issues come up again the City's hands are not tied. Thank you very much for
your time!
Hayek: Thank you for your comments. (applause)
Hurley: Hello! My name is Anna Hurley. I'll keep this brief, um ... I know the properties
of the Red Avocado and the ones next door have little chance of staying there, but
for the rest of the street, um, for the community, I would urge the Council to help
ensure that it remains a very beautiful space, very community- oriented with small
businesses, other family dwellings, things like that. Um, I've lived here in Iowa
City for several years and very much, um, talking to people visiting town or
deciding to move to town or new to town, one thing I hear a lot is the charm of
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Iowa City and how it's different from so many other regions in Iowa. Um, people
love Iowa, but Iowa City especially, um, and what I've been seeing the last few
years is beautiful places being torn down or knocked over by a tornado, and
things being put up in their place that are not attractive, are not sustainable for
small business, or for, um, people with low incomes. Um, or else they're student
rented, which is not attractive. Having been a student, I can tell you promises of
upkeep do not stay that way. Um, so I would urge the Council to try and urge
landlords and do everything in your power to make sure properties on the edges
of...of like ... over here by the Co -Op, over in the Northside Market Place, um,
South Gilbert, those places stay beautiful, um, and not jam packed, um, small
housing like high ... high density housing, things like that. Thank you very much
for your time.
Hayek: Thank you. (applause)
Rosenbaum: (mumbled) thank you for letting me talk as fast as I can now and uh, good night to
everybody. Just wanted to say, I took notes during this and I'm not going to look
at them, but I'm stunned by a few things. I'm stunned by the extreme contrast
between the success of the Deweyville, which I didn't even know it was called
that, and a guy who wanted to build stuff being told he couldn't. I understand that
was zoning change, and yet the Red Avocado wants to be saved, but that already
was zoned for something huge, and as my ... my husband said, what were they
thinking in 1983? Was there something funny in the drinking water? Who the
bleep ever decided to put giant buildings there? Council, not you, but the council
made a mistake and I didn't know until Pam Michaud spoke that those buildings
were already gutted inside. And I'm horrified! I'm a champion of lost causes. I
want to bring back the dead. I want Susan Rothman alive, and other friends who
have been killed by cars, blinded by light in their eyes. I appreciate what
Michelle Payne said about a positive behavior change. I just want to say some
things really fast. Keokuk County has something going on where the cops were
stopping people and giving them `you've been good' tickets. That's something
we can do. I don't want crosses like there are, because I'm Jewish and it offends
me, but how about markers saying `x number of accidents happened at this
intersection.' Please be careful. It's coming up in half a block. This person was
killed there. I'm glad it was called to our attention. We have a doctor in the
house. Please remember, Mayo Clinic and University of Iowa devote a lot of
money to putting art in hospitals because it's good for our health. Ugly buildings
are not good for our health. The contrast between saving Deweyville and getting
rid of Washington Street to me ... easy answer maybe! Let the Red Avocado get
assistance, helping that long- haired guy whose name I forgot, move him into
there, if the building really is a lost cause. Maybe some of these things can be
reconciled, you know, I'm the kind of person who mulls on problems and tries to
find solutions, but I can promise you ... I will never run for City Council because
you have a hard job. I want to thank you again, and once again say that I think
you should get paid more and I think we need a living wage ordinance in this
town, and that my husband, who has been a perma -temp at the city of Iowa City
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Literature Building, aka Public Library that throws away a lot of books, should
get paid more. That we need a livable wage, and that we need some rent control,
and some serious controls ... on want landlords and builders can do, and then
maybe this really will be the place that some of us thought it was or dreamed it
was or got (mumbled) thinking it was when we saw cute buildings or fell in love
with a nice Iowan years ago. Thank you for listening. One last suggestion, I have
to say this because during that pre- meeting you said you thought the public would
be confused if you moved the places around. I think we heard a real ... the places
of the meeting. I think we heard a lot of really smart public talk tonight, and there
were a lot of them out in the hall because of the fire code. If you had a
real ... knew you had a hot potatoes on the agenda, I'm just suggesting maybe you
don't wait two weeks for the next meeting, or have a special meeting or ... I love
your idea of taking it into the community. I think communication is excellent.
Lot of us are internet savvy. Between TV, media, whatever, door -to -door
leafleting, and also last suggestion, have a contest for plain old posters, signs...
Hayek: Rebecca, you're going t have to finish up (both talking)
Rosenbaum: ...please slow down, somebody was killed. Thank you. Good night. Thank you.
Hayek: Thank you. We'll take one more comment, if there is one, and then we've got to
shut this meeting down. (laughter and several talking)
Ross: Cause I could!
Hayek: You just can't help yourself!
Ross: I so appreciate the City Council. You guys are great! Uh, I do want to say this, in
parting. I meant to say this earlier that the Red Avocado, they catered our
wedding in 2000, uh, the .... the small business, which is a vegan restaurant. I
don't think there's another one, uh, anywhere near here and probably not in all of
Iowa, and I do think of its ... as a landmark, as I said, we did ... uh, they did cater
our wedding out at Hickory Hill Park, uh, the establishment is one of the finest,
uh, I have ever, ever, uh, been graced to be able to experience. The food, I'm
sure, many people have enjoyed. I just want to say in celebration of this
particular institution, which is been against all odds in Iowa City running for
almost 13 years now, and uh, I just want to, uh, be able to say, uh, that and that
you know my daughter when she found out that the place was closing, she balled
and balled and she's ten years old and I'm her dad, you know, it's hard ... it was
hard to kind of, you know, Matt, you've got what, three now? It's going to
happen. It's hard to say okay anyway. I just wanted to say that and to give a big,
uh, shout out and a cheer for David Burt and Rachel and Kate and the
establishment of the Red Avocado who have been with us for so many years in
such a great business. Thank you so much! (applause)
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Hayek: Okay! Thank you, Brandon! We're going to move on. There are ample
opportunities, any given day of the week to communicate to the Council via
email, phone, etc., and I encourage the public ... if you haven't had a chance to
speak tonight to do so. (mumbled) every City Council meeting we have
opportunities for community comment. So thank you for your input tonight.
We're going to move on to Item 20.
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