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HomeMy WebLinkAbout2012-02-21 TranscriptionPage 1 ITEM 2. STATE OF THE CITY. Hayek: Before I proceed, I ... I want to, uh, alert the public to some ... a couple ... to several changes in the...in the agenda for tonight. We held a work session that started about two hours ago, um, and as a result of the work session, uh ... uh, staff and the City Council, uh, concur that items 7c and 7d in Planning Zoning, uh, should be, um, withdrawn from the agenda, uh, which means that those two items will be sent through the normal legislative process, um ... and come back to the Council. Uh, and they will not be action ... items that we take any action on, uh, this evening. 7b will remain on the agenda. Uh, that has to do with occupancy in the 4- and 5- bedroom, uh, issue, um, that many of you, I know, are here about. We will take that up, uh, at...at to ... in tonight's City Council meeting. Uh, also, item, uh, 7f and 7g, um ... this regards the ... the Jefferson Street project, uh, the applicant has withdrawn, um, those applications. So we will not be taking any action on 7f or 7g tonight either. And I say this because if you're here tonight and you wanted to address us on those issues, uh, we're not ... they're not before us this evening. So ... thanks ... thanks for that. Item #2 is the annual State of the City address and I'll read it at this time. (reads statement) (applause) All right! I got through that tongue twister! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 2 ITEM 3. PROCLAMATION. a) Sertoma Freedom Week — February 12, 2012 Hayek: (reads proclamation) Karr: Here representing the Sertoma Club is Ted Halm. (applause) Halm: I'd just like to thank the Council and Mayor Hayek for their continued support of our Sertoma Freedom Week. Thank you! Hayek: Thanks. By the way, the top ... I went to the thing last week and the topic for the 8th graders was, uh, should the, uh, presidential electoral college system be ditched in favor of more direct voting and ... that's a heavy topic, and those 8th graders, they did a great job, so... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 3 ITEM 4. OUTSTANDING STUDENT CITIZENSHIP AWARDS — Hoover Elementary Hayek: Would the students from Hoover Elementary come forward, please! Hi, guys, I'm Matt Hayek, the Mayor of Iowa City, and this is your City Council and we're really honored to have you here tonight! This is especially great for me because all ... because we get to see all the, uh, Iowa City schools through the course of the year, but my daughter is going to be starting kindergarten at Hoover in a few months, so I'm really excited to see you guys! So, uh, the way this works is, uh, and I know you brought your little pieces of paper here, uh, we want to hear just a little bit from you about, uh, about what you do at Hoover, and then I've got an award that I'm going to read to you that comes from the City Council. So, if I can just hand you the ... the microphone and you can start! Samuelson: Um, hi, my name is Irene and I would just like to thank all of the wonderful teachers and terrific students at Hoover Elementary, as well as City Council, for sponsoring this award. I am quite honored to get this award. It makes me happy that the teachers think I am a good model of citizenship. I always try to be a helpful and inquisitive student. I try to stay to myself, and I don't do things simply cause everyone else is doing them. Uh, it's important to be a good citizen because, uh, it doesn't just make other people feel good, it also makes, um, you feel good, and I'll try to live up to this word and continue to work on being a good citizen. Thank you. (applause) Eider: Hi, my name is Baylee and I'm a 6th grader at Hoover Elementary. The ways that I demonstrate good citizenship are respecting others regardless of their differences from me. I show honesty to anyone around me. I show responsibility by getting my homework done on time, and I'm caring to my peers. I show courage because I help other kids who are in need of guidance and direction when they may be singled out because of their special needs. Thank you. (applause) Hayek: Those are very nice pieces and uh, well written and well delivered. It's not easy to get up in front of a big crowd and read into a microphone. Um, you know, it's great to see, uh, leaders from our elementaries, and that's one of the reasons we... we bring, uh, leaders from our elementaries to the City Council, to recognize you and to thank your parents and your teachers and the other people who help you, uh, succeed at...at Hoover, and we suspect they've had a lot to do with ... with your success. So we appreciate their roles in your lives. Uh, but the lessons you learn as young people, um, are going to carry with you, uh, throughout junior high and high school, and ... and into adulthood, and lot of the people up here who ... who are on the City Council or who are on staff here did things like ... like the things that you're doing, uh, at...at Hoover, to ... to teach others and to lead by example and to become involved and to ... and to help your classmates, and I think the rest of your .... your classmates at Hoover and ... and students around the School District, uh, you know, will see the example you lead. So we're very This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 4 proud of you and ... and we're excited that you're here. Uh, we have an award that we're going to hand out to you, and... and we have one for each of you, and it reads as follows. It's called a Citizenship Award. For her outstanding qualities of leadership within Hoover Elementary, as well as the community, and for her sense of responsibility and helpfulness to others, we recognize you as an Outstanding Student Citizen. Your community is proud of you. Presented by the Iowa City City Council, February, 2012. (mumbled) Congratulations! (applause) Go home and do your homework! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 5 ITEM 5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Hayek: Okay, before we proceed, uh, I've been, uh, asked to remind the crowd to try to not block the doorway. We've got fire ingress /egress concerns so if you can please find a place elsewhere in the room, that'll help us out. Thank you. Champion: Move adoption. Throgmorton: Second. Hayek: Moved by Champion, seconded by Throgmorton. Discussion? Throgmorton: Yeah, Matt, I wonder if we can pull Item 5e(4). Hayek: Uh... sure, just a second. Throgmorton: I just want to educate myself about what's involved there. It's a ... the resolution having to do with, uh, disaster area revenue bond. Hayek: We could pull it or if you want to just get your question answered (mumbled) discussion on this point. We could maybe get that answered... Throgmorton: Well, mainly I know nothing about disaster area revenue bonds. I don't know why a substantial amount of money is being, uh ... uh, processed in a way that would be directed toward a particular, um, project, or private projects, so I'm sure it's all totally above -board and everything, but I just don't understand how it works and why. Hayek: Should we get that question answered right now or should we vote on... Dilkes: Sure. I mean, it's up to you. Hayek: I mean, it's six of one, half dozen of the other really, I mean... Dilkes: It's a mechanism that, um, the State allows and ... and, I know about it, as much about it as you do, um, but ... cause our bond counsel has reviewed this. But it's a mechanism that allows for the City to be issuer of the ... of the bonds, and therefore have ... have a lower interest rate for the ... the project, um, or a piece of funding for the project. Throgmorton: I guess what I don't understand, Eleanor, is what are the boundaries of the disaster area? So, in other words, who's eligible, uh, for these kinds of revenue bonds or I don't know if revenue bonds is the right word to use. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 6 Markus: I would suggest that we get you that information and follow that up, um, later and give you the exact details of that. Throgmorton: Cause we might see something like this again in the future. I'd just like to know what we're approving. Hayek: Well, and we've... we've... Dilkes: ...we've done this several times, I mean, at least once if not twice actually before, urn ... but we can certainly give you a memo that gives you more detail. Hayek: Are you comfortable voting on this with that included? Throgmorton: Uh, since you've ... acted on similar, um, proposals before, I'd ... I'd be comfortable doing that. I just want to make sure I understand what we're doing, at... at some point here. Hayek: Okay. So, staff could follow up with, uh, with Jim on that. Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 7 ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Hayek: Uh, this is the opportunity at each City Council meeting to address the City Council on items that are not on tonight's agenda. It's important to remember that! Uh, and so if there's something you want to bring to our attention, um, please come to the podium and sign in and give us your name verbally, and because there's a lot on tonight's agenda and we anticipate a lot of public input, uh, I'm going to ask that everybody during community comment, and then when we get to the other agenda items, limit their comments to three minutes, so that we can all, uh, hear ... hear what people have to say this evening. With that, we'll go ahead and proceed. Opplinger: My name's Bob Opplinger. I'm the Education and Advocacy Coordinator for the, uh, Bicyclists of Iowa City and I wanted to take a few minutes. I actually budgeted four minutes so I'll try and squeeze it down here. Uh, to expand on the letter we sent to you folks, uh, late last week regarding the idea of having Iowa City become a platinum level, uh, bike - friendly community. The first point I'd like to make is that the bike - friendly community initiative is ... is a project sponsored by the League of American Bicyclists, which is a national advocacy group. Um, it started about ten years ago and it's been very successful over almost 200 communities have received the designation in the last ten years, um, if you'd like to read more about it, you could go to their web site, www.bikelea ug e.org and uh, click at the bottom of the page. There's an icon that takes you to the bike - friendly community idea. Uh, one thing that's on the, uh, web site is a list of the, uh, communities that are bike - friendly, and there are two things that stand out to me about the list. Uh, number one is the number of college towns that are on the list. So half of the comm .... Big Ten universities are in a bike - friendly community. The second point, uh, thing about the cities that are on the list and I think this speaks to the validity of the idea of a bike - friendly community is the number of large cities that are on the list. So Chicago for example, New York City, Philadelphia, Washington D.C., Minneapolis -St. Paul are all on the list. Um, Minneapolis recently was elevated to the gold level. We're a bronze level as you may know, uh, bike - friendly community. So these communities see this as a valuable idea. Um, the third point, and I think this should resonate with this group, is the evaluations are free. So you submit your application and they go through the process and they send you a three or five -page report and you use it for ... as you will. Um, fourth, I'd like to ... I'd like you to recognize the idea that this is truly a community effort. Two of the areas for evaluation, two of the five areas for evaluation, are education and encouragement. And so the Bicyclists of Iowa City and the other groups in the Think Bicycling Group would clearly have to be involved in the process for us to move to the platinum level, um, bike - friendly community. One of the things that the bike club has been doing for the last several years is hosting, uh, bike rodeos, which are skill and education events for grade school kids. Last year we had ten of `em, ten schools participating. About ... over 500 kids. Already this year we have a dozen This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 8 schools lined up to do bike rodeos and we expect to get a few more, uh ... the last point I'll make, and, uh, is this, is that ... if the Council is truly interested in the idea of an environmentally - friendly community, and if they buy into the idea of the Blue Zone, which has been marketed a lot over the last few years, then they should be buying into the idea of a platinum level bike - friendly community. These were all very similar ideas, and in my mind they're synonymous. Um, they're going to require some rethinking of policy, and, uh, allocation of resources, and I know that's an issue as we talk ... as you mentioned in your State of the City, uh, but we think it's a ... a discussion that should be engaged and I think, uh, our group would be very interested in participating in that. Thank you. Hayek: Thank you, Bob. Townsend: Uh, good evening. My name is Orville Townsend. I'm here this evening because I'd like to share concerns I have with you related to, uh, an article in the Press - Citizen, dated Saturday, January 28. In that article, uh, in any case, that Miss Royceann Porter, you know, had filed charges against the Police Department and it also indicates that the high - ranking individual in the, uh, City government had indicated that he questioned whether or not she should continue as a member of the Police Review Board, Citizens Review Board. Uh ... although I respect the individual's right to express his freedom of speech, I am highly concerned that in doing so, he greatly compromised Miss Porter's right to due process. I think a more appropriate way to handle that would have been to allow her to perform her duties, hoping that if she were not able to show objectivity in matters related to police, that members of the comm .... of the committee would approach her, or the worst scenario, that the chair of that committee would come before you, the City Council, and express concerns because of actions she had taken that were felt that she could not be objective. At that point though we would have facts to support that. I mean, that ... that, she was not given ... she hasn't been given due process. I would also add that the charges against her were dropped. Now, she did not join the Police Citizen Review Board after the fact. She was already a member of that board. And I think we need to be honest about it. We don't control what's going to happen in our lives from day to day, especially if we have children. But... we or our community, community that is growing, we are a diverse community. And I feel that we need to be sure that we don't make statements or initiate actions that will send a wrong message. Now you may say that citizens, uh, nobody's going to think it's a big deal, but perception can be just as damaging as reality. I would hope that you as a Council, because the individual indicated that, you know, he ...he couldn't do anything about her being on that board, that ... whether or not she would be allowed to continue. It's the City Council's decision. So I hope that you will respect her right to due process. She's a citizen. She was put in a very, very awkward situation that she had no control over, but my concern is that we have City officials saying that someone should be discontinued for a board because they can't be objective. That's just like saying that, uh, as a citizen if I do something or file something against a office in the City, that I can't be objective, but that's not true. I think we are all, we are all entitled to due process, and in this This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 9 case I think basically that didn't happen. I also want to bring this to your attention because if a high- ranking City official is ... is doing this, Lord knows what staff with less experience is doing. So maybe we should consider some type of training, because as ... we've got a lot of minorities in the community, uh, there are a lot of attitudes toward the Police Department that, you know, they aren't that favorable. I'm not saying that that's right, but like I'm saying ... we not only need to be putting the spotlight on reality, we must also realize that perception can be just as damaging, and we don't want to send a wrong message. So ... if Mrs. Porter's case comes to you, I hope you will respect her right to due process and give her a chance. I'd like to thank you for allowing me to speak to you, and God bless you. Hayek: Thank you, Mr. Townsend. Hurley: Good evening. I'm Brian Hurley. I'm a la ... life-long Iowa City resident. This is my first City Council meeting, so it's quite an experience. Hayek: Welcome! Hurley: Thank you! Um ... I wanted to, uh, direct you to an attachment that was sent on February 14th. Think it's page, uh, 237 but um ... it was sent by Robert Sessions as part of the Iowa City Climate Advocates, which I'm also here to represent, and it's a group of citizens who are trying to get a, uh, people in the community together and organized around climate change and uh, environmental sustainability. So, um ... in the attachment, um, there was a letter that was sent out, so I'd just like to kind of touch on a few of the comments on there. Um, we basically have a group of individuals and um, businesses and groups within the community that would like to promote long -term sustainability and prosperity in Iowa City. And you mentioned a lot of things earlier, uh, this evening at the beginning on steps we're already taking in the community, and those are great, and we want to go and continue to push on those even further. So we believe that the city ... the residents of Iowa City will be much better off in the future if we plan intelligently and boldly to create an environment that fosters human and natural health, social justice and true prosperity. We further believe that these goals could be achieved best through full employment and sustainable economic development, serious conservation, careful zoning, invigoration of neighborhoods, promotion of local food production, and significant reductions of the carbon footprint of our community. With this in mind, we strongly encourage you to take the following three actions. One, ensure that the future versions of the City budget, the three -year financial plan, and capital improvement pro ... programs explicitly express how they will promote the long -term prosperity and sustainability of the city and surrounding areas. Two, urge the MPO of Johnson County to indicate, uh, explicitly how the long -range transportation plan will contribute to the region's long -term prosperity and sustainability. And, three, appoint a task ... a long -term prosperity task force, consisting of diverse stakeholders and charge that ... that task force with devising a set of sustainability This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 10 indicators, a process for which the city can status those indicators, and can be reported to the public annually ... to be used to help shape the City's budgets and plans. And we have a list of groups and individuals that we've already had on board to support this, and we'd like you to seriously consider our recommendations. Thank you. Hayek: Thank you. Thanks for coming here tonight. Adams: Hi, my name is, um, is Mary Adams, and um, I just want to read a statement. I'm a part of Occupy Iowa City, but I'm not speaking for the group. I'm speaking because of my own experience with the physical occupation that was set up at College Green Park. Occupy Iowa City will officially end its occupation of College Green Park as of February 29, 2012. Because Occupy Iowa City could provide tents, food, and clothing to those who came to the park, many people arrived who had no home to go to. Those without their own home have been camping at the park throughout the winter, months with a few committed Occupiers, and when the permit expires, they will have no place to go. Shelter House, located in Iowa City, is Johnson County's only general use homeless shelter, providing transitional shelter to men, women, and children, including the disabled and the elderly. The Shelter has to turn away anyone who has been drinking or using drugs. These people make up about 11 % of the homeless population in Johnson County. The Shelter has a capacity for 70 people per night. Housing Trust Fund of Johnson County reports the need for an additional 94 beds for homeless individuals, and 147 additional beds for homeless families in transitional housing. Half of the homeless staying at College Green Park are veterans. Shelter House has 14 beds provided for veterans, but if these are full, those veterans at the park will have no place to go. For many of these people, Occupy Iowa City provided a safer alternative than living under the railroad bridges and other out -of -the -way places on the edge of town. Some of these people have tried to find a bed at the transitional shelter, but were turned away for lack of beds. Some would not get in because they have intractable addiction and are intoxicated. Each year, hundreds of men, women, and children experiencing homelessness in Johnson County are denied access to shelter due to a lack of bed capacity. In St. Paul, Minnesota, the St. Anthony Wet House offers respite for those who are homeless and unable to stop drinking. St. Paul is an example for other cities who are working to solve the problem of alcoholic homeless who often cost the city or county more money than a wet shelter would. St. Anthony reports that it's not uncommon for a homeless alcoholic to cost the public more than $1 million during decades of drinking for multiple jail stays, emergency room visits, rounds of alcoholism treatment, and other costs. Iowa City and Johnson County have many great services for those in need. But those who are turned away because of intoxication place an additional financial burden on the city be default, because they will likely end up in a jail cell. Because Occupy Iowa City set up their occupation, some of the homeless population have had a tent, a toilet, food, and clothes to help them make it through the winter. Some would benefit from a wet shelter because they are continually intoxicated, which This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 11 has led to extra problems for the Iowa City Police. Occupy Iowa City had no authority to turn away anyone. As the physical occupation comes to an end, these people will be back on the streets, looking for a safe place to sleep. Thank you. Hayek: Thank you for your comments. Oguz Poroy: Good evening. My name is Oguz Poroy. I live at 36 Highland Drive. I want to address the same issue that Mary just did, the homeless people that live in the park. I stayed in the park for 40 nights, from about mid - December until the end of January, and by the time I moved in most of the Occupiers had left. So most of my interaction was with the homeless people that live there. And I observed a great change in how these people behaved over that time. When they first came to the park, they were almost like inhuman, you know, their faces were angry, frozen. It was very difficult to communicate with them. They were argumentative, and I'm ... I'm not an expert, so I didn't know what to do about it, but over time ... this sense of security that they had from staying there, and the limited resources like a tent, you know, sleeping bag, whatever, to us these are nothing but to them, that was a significant resource to have. And also the sense of community that they had, uh, interacting among each other, each other, as well as interacting with us. I believe, uh, basically changed them and I ... I observed this personally and, um ... it came to a point where, from it being difficult to even talk. We exchanged life stories and I ... I got to know them, and it came to a point where you couldn't take up a hammer and start doing something in the park without one of them coming out of their tents and offering their help and it was, uh, you know, one Sunday afternoon just watching them sitting around, smoking cigarettes, exchanging stories and basically offering me socks and ... and, you know, underwear and then whatever. It was a... quite... quite an impression. So as the permit expires, uh, these people are going to be kicked out and it's going to be impossible for them to lug around these blankets and sleeping bags and tents, and what not that they have. To them this is ... it's been a mild winter anyway, but um, this was the first winter that most of them had more than like a piece of cardboard and a single blanket to sleep with. I came here tonight to ask you to consider what will happen to these people, and to ask if it's not possible for you to, uh, maybe allocate another space where they can be moved with their tents and their belongings. There are plenty of us who are willing to come out and help with that and I know there are some objections, but I think they can be (mumbled) or require registration and you can ask people to sign liability waivers and do other things to make that happen. As far as the objections, um, I don't think they caused any problems to anybody really more than most of their damage that they do is to themselves. Really, uh, there was a document that listed violations of the original permit, uh, none of those things are true except for one. They kept using the gazebo to dry their blankets and sleeping bags. We couldn't get them to stop doing that, but uh, if these people are a problem they'll be a problem regardless of where they are. I think there's some benefit ... I know there's benefit to them, but I think also there is some benefit to the City from having these people in one This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 12 designated, uh, place. So I want to encourage you to consider, uh, allowing them just a piece of land, piece of the planet where they (mumbled) live. Thank you. Hayek: Thank you ... for your comments. Is there anyone else who would like to address the Council during community comment? Okay. We will move on to Item 7, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 13 ITEM 7. PLANNING AND ZONING MATTERS. b. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MARCH 20 ON AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 91, GENERAL DEFINITIONS, CHANGING THE DEFINITIONS OF "HOUSEHOLD" AS IT APPLIES IN THE RM -44, PRM, RNS -20, RM -20, AND CO -1 ZONES. Dobyns: Move for a public hearing. Champion: Second. Hayek: Moved by Dobyns, seconded by Champion. Um, as ... so we'll discussion at this point. Um, as I indicated at the beginning of the meeting, uh, items 7c and 7d, uh, were withdrawn during our work ... at the conclusion of our work session and will not be before the Council tonight. Those will go through the normal legislative process and come back to us in short order. 7b, the Council decided, which is what I've just read, and which is now on the floor for discussion, is up for a vote tonight. Um, because of the consider... considerable public interest on this issue, uh, we're going to, uh, certainly invite, uh, public input on this before ... I think before the Council has its discussion. So if...if you'd like to, uh, and ... and do we need to have staff again on this, um, we heard from staff at the beginning, or at the work session. I think we know where we are. Um, okay, so if you are from a ...the audience and you'd like to address us on 7b, we'll do the standard routine where you, uh, sign in and give us your name, and we're again going to ask people to limit comments to three minutes so we can get through, uh, the agenda tonight. Clark: Good evening, Council. My name is Sarah Clark. I live on Brown Street, and I'm a member of the Northside Neighborhood Association, and actually my comments ... uh, are relating to all three issues, but I think they're probably worth hearing anyway, so ... (mumbled) so that's why I said it. Um, I ask... Hayek: Sarah, I've got to interrupt you. Try to limit them to b because we ... I mean, the other items really aren't on the agenda. Clark: Okay! Well, it's a general... Hayek: There's some general over (both talking) Clark: ...it's some general. It's all good! Hayek: Okay! Clark: After... (several talking) ... after over 40 years of constant development in our city's central neighborhoods, the residents of these neighborhoods deserve at This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 14 minimum a 60 -day breather which the public hearings will generate. This Council has stated that neighborhood stabilization is one of its strategic goals. What better way to signal to residents that you are serious about this goal than by voting to set a public hearing. The city ... this city has reached a critical juncture in the life of our city neighborhoods ... central neighborhoods. Do we continue with the same zoning regulations that result in block after block of one housing type, namely high- density apartments geared to short-term renters? Or do we finally insist that the zoning be consistent with the goals of the City's own central district plan. The central district plan's housing objectives include, one, a healthy balance of rental and owner - occupied housing in the district's older neighborhoods to promote long -term investment; two, affordable housing opportunities; and three, preservation of historic homes and neighborhoods. The time to achieve these objectives is running out. Parts of our core neighborhoods have already been lost. Those that remain are either threatened or endangered. When you think of a livable neighborhood or community, do you picture endless rows of three -story high- density apartments or do you envision a neighborhood appealing to all age groups because of its diverse, affordable housing? Do you picture back and side yards covered in concrete in order to accommodate cars, or do you see usable outdoor spaces and gardens that benefit everyone? Do you picture a neighborhood where the few remaining children are bused to elementary schools on the edge of town because their neighborhood school has been closed due to low enrollment, or do you see a multi - generational neighborhood with children whose school is a short walking distance away? The owners of high - density student apartments have burdened the rest of our community with having to take care of the consequences of those apartments. Our community can no longer afford this burden. Please vote in favor of setting a public hearing. Thank you very much. Hayek: Thanks, Sarah. (applause) Siders: Mayor, Council Members, my name is Glenn Siders. I'm with Southgate Companies. I'm here this evening representing Southgate Companies. I'm also here as the spokesperson for the Greater Iowa City Area Homebuilder's Association. Uh, because I do represent a ... larger membership, if I would run four minutes instead of three, I hope you extend a little bit of latitude. And I promise you I will speak with no animosity towards your staff. Uh, it shouldn't be a shock to, uh, have me say that in general our association is opposed to moratoriums. Uh, we do however, uh, are however aware of the fact that it is part of your existing ordinance. Uh, we need to either get that changed or just deal with it. So I'm not here to speak on the moratorium per se. I am here to address on how you're going about, uh, considering an ordinance before it's drafted. Any project that any of our members have ever pursued or that I have ever seen the City Council impose, uh, have gone forward in a method outlined by your staff. It's outlined in the brochures that the City publishes, and it's outlined on your web site. Um, that method is to first draft an ordinance. Uh, that goes through staff review and comment. It then goes to the Planning and Zoning Commission This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 15 for their input, which involves public input. Uh, it then comes to the Council, and at that point you set a public hearing. Uh, if you set a public hearing for Item 7b, I think you're bypassing that pro ... that process, and you're bypassing an opportunity for, uh, public input. On the City web site, uh, you outline a rezoning process. That web site outline has a ... application form, um, has ... has a few of the documents; application form, a cover letter, a document entitled "The Zoning Process," and a document entitled "A Citizen's Guide to Rezoning Process." The application is pretty straightforward; asks for legal descriptions, uh, notification of property owners, people that live within 300 -feet of the impacted area. I'm not necessarily sure that would imply to 7b. The cover letter, the very first sentence of the cover letter, which is the second document you'll see on your web site, states that it is the goal of the Planning and Community Development department to provide adequate public notification for development items. Then it goes on for another page and a half. Then following a couple pages of fee structures and application dates you run across this document called "The Zoning Process." And I'd like to just state a few... highlight a few things that the zoning process informs you. It says the City Council makes land use and zoning decisions for Iowa City, after receiving a recommendation from the Planning and Zoning Commission. It says public input is important in the process. So with any request for a rezoning, the public is notified by a number of means. It says the Planning and Zoning Commission reviews applications and staff evaluation recommendations for rezoning, hears opinion from both the general public and property owners affected, and makes recommendations to the Council. Under a little sub -title section that says City Council, it says before making that decision, however, the Council reviews the recommendation from Planning and Zoning, and finally under `how can I participate in that document,' it says public input is important in order for the Planning and Zoning Commission, and the City Council, to completely understand the issues related to a rezoning request. Do you understand all of the issues? I question whether you do, particularly when there is a phantom ordinance. Nothing has been drafted. Nobody has reviewed it, and there's been no public input. For example, will this impact townhouse development? Will this impact condominium development? Will this impact remodeling projects? Will this generate non - conforming uses? Those are to name a few. We strongly encourage you to forego setting the public hearing at this time, and go through the customary process. Uh, that would be setting your public after P &Z has sent you a recommendation. And having listened to your work session, I jotted down a couple of comments made. One question was asked, "What projects are out there ?" I'm not sure we know what projects are out there. Our townhouse... if you have a four -unit, six -unit townhouse, is that in this, um ... proposed ordinance? The 7b is the definition as I understand it from what I have to read is the definition you're considering changing the definition of `unrelated roomers.' That essentially in my opinion impacts the number of bedrooms you might construct in a project. If you are limited to three non - related people, I'm not sure why you would build a four- or five - bedroom unit. So as ... I think similar to item c, that you had elected not to deal with this evening. Also, you elected not to deal with item 7d which This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 16 potentially listening to staff would allow you, uh, possible bonuses which might offset this roomer situation. It was also commented that you've done this before, and it's kind of routine. You may have done it for the C zones, but you've never done it in the R zones. I think that's different. It does impact what happens to units that have four and five bedrooms, that have their rental permits, and they already exist. Has that been thought of or discussed? With that, I would be happy to answer any questions you might have or I'll just go sit down. (laughter) Thank you. Hayek: Thanks, Glenn! Holtkamp: My name is, uh, Mark Holtkamp and uh, I own one of the properties that was discussed in the work session about one of the ones that's going to be under construction potentially at the corner of Burlington and Governor Street. And on that project, uh, to give you a little taste for what this ordinance would do, um... that project would allow six townhouses, four- and three- bedroom, allowing for a total of 23 bedrooms. Um, under the new proposals, without knowing what the bonuses that they're going to suggest allowing additional one - bedrooms, I'd be allowed to build 13 bedrooms there. To give you a feel, the difference from what you did on the CB zones, when you got rid of the four- and five- bedrooms, it really didn't affect the number of bedrooms you could build in a building because the, uh, floor to air ration is what controls in those districts. Essentially you can still build the same building and if you just want to build more three - bedrooms, you're allowed to do that. In these residential zones, you're not allowed to build any more units so you're losing bedrooms. So on this project I would lose ten bedrooms, essentially like each bedroom is about $65,000. So on this project, it wouldn't even make sense to do anything if the land was paid off free and clear. Urn ... so in general I guess I'd like to say that just consider, you know, what you're doing to property values also in the area. It's not like you did this before. It's totally a new zoning and uh, just consider it before you rush into anything. Thank you. Hayek: Thank you for your comments. Sponsler: I'm Clare Sponsler. I live at 413 N. Gilbert Street. I'm going to be very brief. I simply want to ask you to support this motion for, uh, all of the reasons you've heard a few minutes ago about the benefits that it would bring to Iowa City, its ability to stabilize neighborhoods, uh, and its ability to make a positive change that would improve the future growth of the city. Thank you. Hayek: Thank you for your comments. Cook: Good evening, my name is Casey Cook. I live at #1 Oak Park Court in Iowa City. I've been studying the economics of real estate in Iowa City, uh, since 1985 as an appraiser, and for a six -year stint as a member of the Planning and Zoning Commission. I believe the City would be making a mistake by effectively This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 17 downzoning properties at the edge of the central business district. I do not believe the issue's been adequately vetted, and that we are seeking solutions that address a purely political issue without a better understanding of their cost. My firm did a survey of just over 6,000 apartments in the area last year. Rents have gone up a little over 7% over the prior two years. Vacancies near the central business district were under 2 %. A healthy market has vacancies of about 7 %. Here's the upshot: you can expect continuing and significant increases in rents over the next few years or until this imbalance is addressed. This isn't just about students. It's about anybody who lives in rented housing. These are the most economically vulnerable people in the community and they are getting clobbered! They don't typically live near the central district, but as rents rise those inner -city residents move further out and rents go up for everyone. Have we really studied how this policy impacts affordable housing? Developers won't bear the burden of these changes. The property owners will. It would be nice to think of the property owners as `undeserving fat cats' feathering their litter box. This is not the case! Property owners include the New Pioneer Co -Op, Community Mental Health, and United Action for Youth. Developers should be treated no differently than non- profits. Would you feel the same about these changes if $500,000 were wiped off your balance sheet so that you could do your part to save a restaurant? Have we studied the financial impact on the properties that will be affected? Do the property owners fully appreciate the ramifications of this change? Have we asked them? Taxes at every level of government are being assailed. The conversion from apartments to cooperatives will impact hundreds of apartments in our city. It will wipe out 40 to 50% of the taxes they pay. I'm not sure how much this will reduce our city revenues, but it will be substantial. It will also hurt the County and the schools. Commerc ... commercial property tax reform has just passed the State House of Representatives and the Senate is working on their version. Republicans, Democrats, and the Governor have all agreed to reduce commercial taxes. The only issue is who benefits the most and how much will it cost. The bill indicates that the State will " backfill" these lost taxes. I think this "backfill" will be ripe political fruit to be cut and consumed when times get tough. The rural areas and farms will not be the ones to make up the difference. It will be at the expense of the cities. In light of these impending losses, where will the revenue come from? Have we done any analysis in this regard? I would like to know how much of the property in Iowa City is tax exempt, and how that has changed over the past ten years. While churches, hospitals, community colleges, and the University all play a critical role in our economy, there are burdens and these need to be considered. When the University responds to the devastating floods of 2008, they need property, and it's near the inner -city. What analysis has been done on how the City will need to backfill revenues for the properties that have left the tax rolls over the past five years? What are we projecting for the next five to ten years in this regard? The upshot is that as City revenues are cut, and ability to grow is curtailed, it is the human services and cultural events that suffer first. For many of the people that signed the petition to save the Red Avocado, these are things the City does that they value the most. So let's take a deep breath and reconsider these zoning changes. Let's do some analysis on the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 18 true cost of our options, and I encourage you to refer these questions to the public process and engage the Planning and Zoning Commission in this endeavor. Thank you. Throgmorton: Matt, could I ask, um, Casey a question for clarification... Hayek: Well, you know we really ... we're just ... I think we open the door up if we do that. That's my concern. Uh... Cook: I'll be happy to chat with you later though if you want, Jim. Throgmorton: Okay. Hayek: I appreciate your interest in that, Jim. It's just ... we're not ... I don't know that we're set up for that. Um ... so... Throgmorton: I'll... Hayek: I mean... Throgmorton: ... when ... when do we interact with people and ... and try to, you know, really... obtain insight into the real meaning of what they said. I'm (both talking) Hayek: ...maybe we get through, at least get through the public's comments, urn ... and if we've got questions, uh, during our discussion time. Degraw: My name's Sheri Degraw and I'm actually reading a letter for Joan Jehle, who wishes to conserve her speaking voice. Since 1993, I have lived in the 1...1... 1100 block of East Jefferson Street and year after year I have watched the neighborhoods between Dodge and Evans Street decline. Much of that three - block area has turned over from single- family homes to rental apartments and duplexes, with a few apartment buildings also in the mix. I call this `student sprawl' and it has come closer and closer to my single - family block of Jefferson Street. I'm not anti - student nor anti - builder, but recently, yes it's true, I've become more and more anti - developer. Long -time Iowa City residents resent building student housing in our neighborhoods. Many of us like the central business area just the way it is. Yes, I understand the need for more property tax revenue to off-set the many University of Iowa buildings which do not pay property taxes. I have lived in Iowa City for the past 62 years and I understand the feeling within this community that developers always get their way. It is time for the Planning Department, the Planning and Zoning Commission, the City Council, and our City Manager to listen to Iowa City residents and approve the proposed amendment to Title 14 zoning matters as listed in item 7b of tonight's agenda. Further, I suggest that you, Mr. Mayor and Tom Rocklin of the University of Iowa, join forces once again to learn what other college communities have done to alleviate similar problems. I suggest you refer to the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 19 article, Coping With Colleges, How Communities Address the Problems of Students Living Of Campus by Craig Raborne. Thank you for the opportunity to address the City Council. Joan Jehle. Hayek: Thank you, Sheri. Cohn: Good evening! Uh, Yale Cohn, that's who I am! I'll keep it brief. I expected to speak to some of the other issues, but um, I just would like, first of all commend the Council for even considering these things and putting these, uh, matters on the agenda. I've been critical of previous Councils that sometimes they didn't really respond, uh, but that you have put these and now these, uh, I believe c and d on. I went to a number of the good ideas, uh, seminars which are put on through the Planning, uh, and Zoning department. I saw some of you, uh, Council Members there, uh, so I think on some level that we're having this discussion now is emblematic of something of a paradigm shift because these are issues which have been, uh, ongoing for some time, but I hope, uh, not to be too terribly optimistic, that there will be some real traction, uh, now in addressing these things. Um, as one of the previous, uh, commenters mentioned, yes, this b, uh, would really implicitly affect, um, multiple bedroom units and I think, uh, that's kind of the point, um, given that we've seen, um, that these large, uh, primarily student housing, if not exclusively student housing, do have deleterious affects on the neighborhoods in a number of ways, uh, that the City then has to deal with. Um, and I was always a firm believer in ... in the notion that if you're fixing the little things, um, you're already starting to fix the big things. So if we can fix, uh, the overconcentration of these, uh, units, and their location, uh, by zoning the ... the phrase `University impact area' which I saw on some of the, uh, recent documentation about this seems to be growing and growing and growing. Um, certainly I'm not anti - development. People certainly have a right to, uh, invest their money and build apartments and rent them, uh, but I think that certain areas that are in fact as you talked about, neighborhood stabilizations what really are `neighborhoods' uh made up of people who live, work, create, open businesses, uh, they need to be protected from, uh, the development of the kind of places that primarily, uh, you know, I'm glad the University's here and those kids need a place to live, uh, but my argument's that perhaps, uh, you know, the choicest cuts of real estate, uh, needn't be handed over to them. And by saying, you know, I think we're clearly intellectually aware of this, and if...if you are. I know Jim bikes a lot. I ... you wouldn't know it from looking at me, but I walk a fair amount, so I've seen, um, where these places are, but I think the ... the most telling picture of that, uh, I was at, uh, Mark Moen's penthouse, condo last summer for a ...a, event, uh, Summer of the Arts, people who had volunteered and that, they had a little nice, you know, cocktail party for us, and from that vantage, which I believe is the highest, maybe, spot in Iowa City up there on Plaza Towers, I've lived here for ten years and you could look out from there and see, you know, block after block after block after block where I think, you know, image is important, uh, when you can really see that and conceptualize that in one picture, um ... that's I think, you know, take a trip up there. I'm sure he'd love to see you This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 20 all, and uh, take a look out at the city from that high point, and I think you ... you get more of a gut feeling for, uh, just this issue and the other ones folks are talking about. So, thank you for your time! Hayek: Thanks, Yale. Buss: Hi, I'm Anna Buss. I live at 525 W. Benton Street, and I've had rental property since 1973 and I'm a realtor. I've been a property manager, been a hairdresser in Iowa City for a long time. One of the things, we've have a lot of different issues, a lot of things have changed over the years. There's a lot of things to consider. One of the things that while tearing down the houses over on Washington Street have brought to focus, one of the things that should be remembered is, while all older homes are older, it doesn't necessarily mean they fall into any sense of historic value. Some of these older homes are unsafe, and something does need to be done with them, whether it is to go in and actually evaluate them and realistically, um, if you have purchased one of these homes and it is zoned for a development, that should be allowed without having to go through all of this. One of the other things that needs to be considered for just a minute let's take the students out of the mix. That seems to be a hot issue with a lot of the people in the downtown area. I rent to a lot of people who are not students. They are working people. They are your next - door - neighbors. They are good people, but the rent is high. Not just in my properties, but other people's. I try to keep a very well- maintained older home. All of my homes are 1950 and before. I work well with the City Housing Inspection department. They have never found any major violations in my properties. The big violation seems to be smoke detector or a hand -rail going downstairs. One of the common things that I find is that some of these people need to live together and they need to have more than maybe what is occupied, what is required by or allowed, by the zoning. They cannot afford the rent in this town. They work at jobs that are sometimes temp services. They might be temp services with Procter and Gamble, or they might be with Oral -B. But, they might be a basic laborer, and those people cannot afford to live in this town with the way things are going. So you need to have a balance here, and the more that you ... the more it takes for people to develop and build, the more difficult it is, the more it costs. Everything costs money. Time is money. And, with this moratorium, the building season is only so long, and it causes problems if you do that. That's been done before in Iowa City, and it didn't have a good effect the last time it happened. There's a lot of us around who remember that. So before you go talking moratorium, before you go talking re- evaluating grandfathering, yes ... it seems that a lot of people downtown, they want to have the money the students bring in but they don't want to have the students. And you can't have it both ways. There are laws in place to deal with anybody, whether they are students or not, who are causing problems, and those need to be explored. Thank you for your time. Throgmorton: Thanks, Anna. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 21 Hayek: Thank you, Anna. Walker: Hi, I'm Jean Walker and I live at 335 Lucon Drive, and I just wanted to make a quick comment that, um, neighborhoods and historic neighborhoods are impor ... should be important to the City, I mean, it's our heritage, and so anything that can be done to help preserve these neighborhoods once, urn ... buildings get torn down and large buildings, uh, get put in their place, it starts the deterioration of a neighborhood and uh, in the neighborhood I live in, um, I've noticed ... I've lived in it for almost 40 years and I've noticed over that time the destruction of, uh, the neighborhood by the multiple cars that are parked in their driveways. It's now, instead of looking down a street and seeing the historic houses, you see many cars parked in the driveways. So anything that you can do to help preserve this City's historic neighborhoods will be much appreciated. Thank you! Hayek: Thank you for your comments. McLaughlin: Good evening. Uh, my name's Mike McLaughlin. In your, uh, Information Packet I included a letter and uh, several copies of the City Title 14 zoning code, as well as a copy of the, uh, zoning pamphlet that's in the Planning and Community Development, uh, department, on their, uh, countertop. Um, back in 2005, as my letter states, um ... we went through a process where the Title 14 code was, uh, entirely overhauled and that process included, um, notification to the public, couple notifications in the newspaper, um ... process through Planning and, uh, Planning and Zoning Commission, which I think was, uh, possibly even more than one. Might have been two or three meetings where the public could comment and be involved. And, then it was, uh, passed on to the Council. Not until at that point did I realize that, uh, rezoning was occurring, and therefore that's why I included information in Court ... Council Information Packet, not only a definition of rezoning, uh, but also copies that, uh, the code (mumbled) proposed, uh, some of which were c and d, uh, that are not being ... that are not on tonight's agenda, but also uh, item b the change in the definition of the word `household,' a text change, uh, that falls under rezoning. Uh, I think right in the first sentence of that rezoning definition. Um, primarily what I wanted to focus on tonight is that, um ... there is a process, uh, that is due citizens, property owners, um ... as well as neighborhood representatives in a rezoning process, and uh, again that would follow public notification, um, to those zones that are, uh, being considered — RM44, PRM, RNS20, RM20, and COI. Um, I think it's been a history of the City to provide a letter of notification; that's not necessarily required, uh, at the State level; however, some type of public notification is required. And to my knowledge at this point that has not occurred, and as I'm standing here speaking as well as other speakers have, um, brought this up, um, you know, how did I find out. Well, I went and asked staff myself ... to see exactly what they had in mind and uh, these items actually, proposed amend- ments, didn't come out I think until later Friday. So time's kind of short, um, but uh ... I get ... I would request the Council before voting upon item 7b as amendment take your time and investigate... the rezoning that is occurring, what This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 22 you're required to do as a council in that rezoning process, uh ... based upon what the City code requires, and um, in a letter also provided in your Information Packet by, uh, Mike Pugh's an attorney here in town. He also, uh, laid out that, you know, historically it's, uh, may or may not have been passed; however, you know, we're looking at this item here tonight in that, um, you know, investigate and react according to what the code requires, and uh, provide the citizens, whether they're property owners, concerned neighbors, the due process, uh, part of the due process also, uh, if, uh, rezoning item is brought forward to the Council, uh, citizens or property owners are allowed to present a petition where you can have, uh, at least 20% of the property owners within that zone being rezoned, or uh, within 200 feet around that zone, if you have 20% or more of those property owners, then uh, they could require Council to have a super majority for ... before a rezoning process, uh, or before a rezoning amendment is passed. Uh, that's one of the options there that protect property owners, obviously. Uh, but also, uh, can represent or neighborhood ... concerned neighbor ...neighborhoods or neighbors. Uh, so again ... I guess I'm requesting that, uh, this not be rushed through. That proper investigation occur to see what you need to follow in a rezoning process, what due process is provided for the citizens, and the uh ... the property owners, and uh ... and follow that. I don't understand that, um, the need for a rush to go through this. Um ... couple other comments (both talking) Hayek: You're going to have to finish up pretty quickly. McLaughlin: You bet! Just about done. Um ... with item 7b is that, uh, this isn't the first time that the rezoning type of this has been brought forth, and it's ... more isolated and it ... in looking at, you know, a particular zone or zones, um, I think it would be beneficial is really kinda look over all at the whole, uh ... city map, the areas, and have more of a broad view of how this could affect the, you know, the entirety of the city. Uh, some of these zones are vast. I know there's RM44 on the west side of the river. There certainly is some downtown. North Dubuque Street and other areas, so there is a broader effect that these, you know, these amendments can have and I think to take the time to consider those as well, uh, you'd be a little bit better informed and have a little bit more insight on ... on how that, uh, how that could affect, uh, not only just near downtown neighborhoods, but uh, broad areas as well. So, um... Hayek: You really... McLaughlin: (both talking) Appreciate your, uh, time in listening to me and ... thank you. Hayek: Thanks, Mike! Wright: Good evening, I'm Mike Wright. I live at 225 N. Lucas Street, and I'd really like to stop coming to the meetings (laughter) but I'm here to encourage you to please set the public hearing tonight on item 7b. 7b does get at many neighborhood This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 23 concerns. Um, and in terms of some of the things I've heard tonight, passing the public hearing does not mean there will be a lack of input. There'll be plenty of opportunities for input coming up. We have opportunity this evening, in fact, but my ... the big question is, how often are core neighborhoods and that's really what this is boiling down to, going to be asked to fall on the sword of development of rental properties? Stabilization of core neighborhoods is a goal of this Council, and here's an opportunity to frankly put the money where your mouth is! High density student apartments, and student apartments are really the issue here, are an issue that do need to be addressed in Iowa City. Four to five students, unrelated individuals, living in a unit in a large building do create an environment where frankly havoc reigns. I know this from personal experience! The phrase `unsupervised dorms' has come into play. I call them neighborhood `wreckers.' This is a turning point opportunity for Iowa City this evening. I suspect we're going to see a stampede of development that really none of us want, unless we put the brakes on the type of inappropriate development that we're talking about this evening. And you can have it both ways! We can have successful neighborhoods that are a mix of student rentals and owner - occupiers, but there needs to be a certain amount of balance. 7b will bring a certain amount of balance should that be passed in the future. And again, there will be plenty of opportunities for input. And I would to just close by saying that my neighborhood is absolutely not a political issue, and I'm offended to hear it referred to that. It is home to myself and a number of other people. Thank you. Hayek: Thanks, Mike. Brandt: Good evening, Council. My name is T. J. Brandt, and I'm here basically as a past member of the Board of Appeals, uh, serving on that body for five years. Uh, this is a hot button topic for the entire community and I guess the only thing I would like to echo on is what Mike McLaughlin and Glenn Siders said is, do the homework first, don't rush into it because no matter... you're not going to be able to please everybody all the time. But, what you guys decide tonight could very well impact, uh, the caseload for the Board of Appeals or the Board of Adjustments, excuse me, not the Board of Appeals. The Board of Adjustment. Because they are a quasi-judicial, uh, body, uh, the only ... after that process is completed, then it goes on to the State. So, for the appeal process ... so ... as a concerned citizen, and a taxpayer, please do your due diligence, take the time necessary. If you've already delayed c and d, why not delay b and get the... get the whole process done in one shot? That's all I ask is that you do your due diligence and do what, uh, you have to do. Thank you. Hayek: Thank you, T. J. Oliver: Hi, Matt. My name's Mike Oliver. I own Prestige Properties, um, our company has ... over, uh, 40 rental units within an eight block area of downtown. I'm concerned about the value of our investment in Iowa City, and to not be able to redevelop those properties some point down the road. I think that, uh, the City This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 24 Council has not ... has underestimated the trends in housing. Our rentals have professors, working families, doctors. I think the trend of people being the owner - occupied is kind of going to be a diminishing term in our society. I think that because the trend right now, what we're seeing, even in high- income people, they want better quality rentals, higher standards in rentals, and if we can't tear down some of this older housing stock, in non - historic neighborhoods, and build that up to ... have that demand, those people are not going to live in Iowa City. They're going to move out, away from Iowa City, and I think that, uh ... you're not looking at this right, in the sense that more research needs to be done. I think the scare of having, uh, five people in a bedroom or five bedrooms or multi - generational housing. What we call multi - generational now is people want housing that their kids can come back to, or they may have their parents living there. It's ... it's a different ball game! And for the next 20 years, or 25 years, that ball game is going to be affecting Iowa City. Just not the student population, but the way we look at housing within ... close to downtown. I urge you to take a look at all the ramifications of putting this on the table before you have all the information. I think some research needs to be done. I think we need to go talk to Denny Baldridge, and talk to him about the tax implimications. I did! I asked him if he was going to reassess all my properties that are RM44 because the values will be changed. Cause we cannot tear those units down and rebuild. I thank you for your time. I think you need to consider this; little bit more research. Thank you. Hayek: Thanks, Mike. (whispering) Ma'am, before you start, I'm going to accept comments until 8:40 and then we ... we need to shut it down so that we can, as a Council, take up our discussion as well, because we've got a, at least one other issue tonight that I suspect is going to take up some time. So, thank you. Carlson: My name is Nancy Carlson. I live at 1002 E. Jefferson. In the 90s when our neighborhood went through the rezoning from RM12 to RNS 12, I was one of the people who went around the neighborhood to get signatures for the petition to attempt to accom ... accomplish that goal. When I knocked on the door of Ed Kanadell's house, I did so with a little bit of trepidation. Uh, the house looked like it had been built in the late 40s or 50s, but next to it was one of the 70s Mansford roof apartment houses. It was a small apartment house, surrounded totally by concrete. The only green on that spot was the parking strip. I knocked on the door and I explained why I was here. And asked him if he would be willing to sign a petition. He said, `You betcha! When they built this thing next door to me, there was nobody here to help me and look what I got stuck with. I ...what happened to me, I don't want to see happen to anybody else.' At that same time there were a group of students living behind me and so as we were going around the neigh... neighborhood, one of the kids came out one day and I said, `Hey, you know, we're trying to get this rezoned from RM12 to RNS12. Would you be willing to, you know, participate or would you be willing to sign a petition ? / And he looked at me and he said, `Why would I want to get involved? Next year I will not be here.' When the developers speak, their emphasis deals This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 25 only with their investment. Have you ever heard one of the owners who live in the area bring that up? Their emphasis is on my neighborhood! What are you doing to my neighborhood? Even though for most people their home is the largest investment they will ever make in their lives. And if they all totaled up their individual investments, it would far exceed the developer's investment. They are concerned about the neighborhood, the community, not just themselves. When I bought my house 31 years ago, I wanted a place where I could walk downtown and not be totally dependent on my car. I came from a small town and this area reminded me of that same small -town feel. There was a wide variety of housing, from very small cottage to large Victorian, all mixed up together. It appeared to be a very democratic area, where people of all income levels lived next to one another. I had no concept of zoning and the effect that could ... that could have on this wonderful area I had chosen to live in. What I have come to realize is that because of the zoning changes that were introduced in the 60s, we have been involved in a fight for 50 years, between people who look on ... at this area as a prime investment area, and we people who live here, who want to preserve the reason we moved here. I'm here and my neighborhood is here because of the people before me who fought to save this neighborhood for me. I am here now to carry on that tradition in hopes that we can pass on what we feel is so wonderful about this area to the next generation. But without the City's support, we are doomed to lose! We will lose ... what drew us to this area and what we value, not because we haven't tried to preserve that and pass it on, because ... but because without the City's supporting us in our fight, we are just spitting in the wind. What is the legacy we are going to pass on to the next generation? Thank you. Hayek: Thank you for your comments. (light applause) Schwalm: My name is Leslie Schwalm. I live at 819 E. Market Street, uh, and I've lived there, uh, for 17 years. Um, I'm asking, uh, you to pass this motion. I'm asking you to restrict the number of unrelated people, uh, who can live in our neighborhoods. Um, we have been re ... coming again and again to the Zoning Commission and we come to you again asking for your help in sustaining our beautiful downtown Iowa City and our neighborhoods. Not just neighborhoods for people who own their homes, but also neighborhoods, um, where people can rent with affordable housing, but neighborhoods with people who respect each other, who are long -term residents who have a deep commitment to neighborhoods! Um, we have been fighting this fight for a long time. The ... the laws aren't working. We call the police over and over again. We call the police. The new buildings that have five- bedroom apartments, they're ruining our neighborhood. The noise. The trash. The traffic. Um, the, uh, rentals that are occupied by students that are consistently over - occupied. We can call the police; we do call the police. We called the City, and it's an endless, endless struggle. It's time for you to step up and help us with this project of sustaining our beautiful neighborhoods in Iowa City. Again, what we have isn't working any more. We This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 26 need more from you, and I think this motion is an excellent move in that direction. Thank you. Hayek: Thank you for your comments. Okay, we only have time for about one more comment and ... (laughter) I think she was, yeah, she was ... (laughter) NialleSylvan: (mumbled) My name is Nialle Sylvan. I live at 1722 Morningside Drive. Um... I understand the concerns of those who want more time for input. It seems to me that a public hearing is particularly called for, given the participation in the good ideas workshops, given the amount of public interest in the 500 block of Washington Street, given ... not by any fault of yours but a general public perception that perhaps the City doesn't have the individual citizens' needs in mind. This is a perfect opportunity for the City ... City to open a public hearing so that people can speak their minds. Better that they should speak their minds before you while there is still a question to be raised, then raise a petition after the fact to try to stop something that can't be stopped. Um, I certainly see the concern with wanting property to have investment value. I certainly want to see development that is going to be helpful for businesses, individuals, developers, and students. Um, I certainly think that affordability is an issue, and that preservation of the historic neighborhoods would give opportunities to small businesses, to extended families. I note that the, uh, item here states that ... the maximum allowed in all the other zones in the city is already set at three for unrelated persons. So we're not talking about a massive paradigm shift here. I have heard people raise questions about the nature of the family these days. Seems like that would be something you'd want to air at a public hearing. So I'm in favor of a public hearing, and I'm also in favor of a public hearing so that you can hear back from the students to some extent. While a lot of people demonize the students, sometimes justly, I am quite sick of cleaning barf off the front steps of my bookstore, um, there are students who are looking for affordable housing, who don't want to mortgage their futures, who don't want to become the kind of professionals that have to go to the east coast to get enough money to pay the student debt that they had to take out to be able to afford a rental place in Iowa City. To that end I'd like to read you something written from 225 N. Linn Street, at the other end of the block from my bookstore. `Dear Mother, This is my first evening here. The quadrangle was completely filled up with a long waiting list so I had to walk all over town to locate a suitable place to live. I am very well satisfied with this place but I will enclose the contracts for you to examine. They appear rather complicated. So far my room is the only one taken in the building, so I have plenty of privacy. It is convenient to the campus and to the downtown section. I am delighted with the town. It is very much like Columbia, small and friendly. I hope Dakin is getting along all right at Washington. I'm sure he would like this university much better. It is by far the nicest campus I have seen. Lovingly, Tom.' Also known as Tennessee Williams, date of the letter, September 23rd, 1937. Let's keep his legacy in mind while we're thinking too! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 27 Hayek: Thank you for your comments. Okay, I ... I think at this ... we ... we simply have to, uh, if we're going to get out of here at a reasonable hour tonight, uh, and the public input and then at this point take up Council discussion on this issue. Throgmorton: I'd like to begin by making an observation. Uh, which is connected to the question I was going to ask. I think the point Casey Cook raised about the vacancy rate being 2% is crucial. And I ... I don't know if Casey might want to address this point, um, but um ... you know, prices in rents are a function of the interaction of supply and demand. So if prices and rents are high, something's out of whack, seems to me, so I'm ... I'm wondering if, uh, whether Casey or anyone else in the room could, uh, enlighten us a little bit on the, uh, affect... possible affects that, uh, the construction of the new 600 -unit dorm at the University would have, and then whether um, you know, a second dorm, the construction of a second dorm would have, uh, significant effect on the reduction of pressure to build new larger apartments. That's where it's coming from! Seems to me, that pressure. Champion: Well I think... Hayek: But hold on, before we do that ... you raise very good points, um, but it's important to recall ... to ... to remember what is before us tonight and ... and because what you're talking about goes to the merits of things that we could do or the University could do to alleviate demands on housing. And what's before us tonight is do we set a public hearing tonight. It's really a process question. Um, and a lot of people have made comments about the merits of...of the zoning proposals and... and that's okay, but it really doesn't go to what's before us tonight, and ... and I'm afraid if we veer into some of these more policy, uh, related issues, we ... we're going to stray from what's ... what we need to decide. I mean, I ... I ... you raise excellent points, and I think ... I think we will have an opportunity to look at that, and maybe Casey at...at a future point or ... or others who are experts would give us input. I mean ... do you (several talking). We've got to decide whether we're going to set a public hearing tonight on 7b. That is the decision before us. Champion: Well I'm going to vote to set the public hearing. Um ... I've been fighting for my neighborhood and neighborhoods been fighting for their neighborhoods since I moved to Iowa City. And some things have been not very well chosen along the way, but I think that voting for 7b is a long way toward telling neighborhoods I, at least my vote, wants to help you preserve your neighborhoods. I'm not against development. I'm not against rental property. I have rental property all... surrounding my house, but this business of unsupervised dorms, five- bedroom units is really ruining our neighborhoods. It isn't the students themselves that are ruining the neighborhoods. It's the mass of them in a congregated area that somehow makes them act funny, my own kids included (laughter). Uh, so I am going to vote for this ... to set this public hearing. Not because I'm against development, but because I'm for neighborhoods. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 28 Payne: Well, Connie, I agree with most of what you said. I do totally believe in what we have in the strategic plan with neighborhood stabilization, but I'm a firm believer in the process and I think we should follow the process, and that process is for it to go to Planning and Zoning first before it comes here, and to go through the normal process. Um, that being said, that means that the moratorium wouldn't start today. It would start, could start, 30 days from today. So that would just push it further into the construction season before the mator ... moratorium's over, but I think that is the process that we have established. So I ... I would vote to ... to not set the public hearing tonight. Throgmorton: Could I ask a procedural question, having to do with, uh, Planning and Zoning Commission? Could we, um ... direct the Planning Com ... Planning and Zoning Commission to move this to ... the highest level in their agenda, to move it up to the first thing they consider in their next meeting or their meeting immediately after that? You know, can we give them that kind of instruction? Or do they exercise discretion... Hayek: Well I... seems to me it already is. I mean, if... if this is passed and they believe they can get back to us (both talking) by March 201H Throgmorton: Well, I didn't mean it that way I guess. I meant, if we do not... Hayek: Oh! Throgmorton: ... chose to, uh, set a public hearing, could we instruct them to act on it, uh, you know... Markus: You could certainly ask `em that question, and I would guess that they would, uh, comply. Dilkes: I ... I think you could ask, and I think they would comply. I agree. Dickens: I have to follow with Michelle. I ... I think the process is in place. Uh, it's a matter of fairness. The speed of the process just kind of scares me. I think we do need to look at everything, get everybody's input not ... just suddenly set this and put a moratorium in place. We're talking possibly 30 days, not 60 days here that we could get this done. Uh, I'm willing to look at rezoning these places into a lower zoning if that's what... everybody decides, but I ... I just don't like the way the matter, how fast it's moving, and I still haven't gotten all the answers that I need to ... to make a ... educated decision on this process. Mims: Well, I'm still where I was at the work session earlier tonight. Um, and my... my comments there were ... I understand and I appreciate the process, uh, and that... it definitely concerns me on anything like this to ... to waiver from that process. As Michelle said, the other thing that I think is almost the flip side of this is if there's This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 29 going to be, um, a moratorium at some point, which I think there will be, um, really is it better to do it now or is it better to do it later, in terms as we get into the construction season. There certainly is the possibility, um, in doing it now that there will be a few properties who possibly would have gotten in under the wire, um, who may not at this point. Uh, I ... I think the over - building of these four- and five-unit ... four- and five- bedroom units in the neighborhoods, um, has been allowed to happen by previous councils for so long that, um, it really warrants, um ... getting on this as quickly as we can and uh, I appreciate the fact that the others, uh, both by staff and I think Council might have, even if...even if staff hadn't I think Council might have, uh, wanted to delay the other two, because they're so significantly different, and I think need an awful lot more input, uh, we still have a lot of opportunity for input on this, but I am going to support putting the, um, setting the public hearing at this time. Throgmorton: Before I say anything, I want to ask you a question. Uh, will there be ... is it likely that there would be a takings claim directed toward us if we set a public hearing, uh, with regard to item b tonight? Dilkes: Is it likely there'll be a claim? I can't answer that question. Throgmorton: Right, it is... Dilkes: Am I comfortable that you have a legal right to set the public hearing tonight, and put a ... put, give yourselves 60 days to think about, um ... kind of put things on a, on a hold while you consider this, I ... yes, I'm comfortable with that, and I think I could defend a takings claim. Throgmorton: But we wouldn't be running a risk anyhow if a ... having someone make that claim toward us, right? Dilkes: You could be. Right. Throgmorton: Yeah. Dobyns: (mumbled) a question. The Planning and Zoning meeting is on March 1st. Our next Council meeting is the subsequent Tuesday on March 6th. Would it be possible for Planning and Zoning to deliberate on this matter and then bring it to the March 61h meeting, um, rather than the March 20tnq Dilkes: Well... Dobyns: Is there enough public warning for (both talking) Davidson: Rick, it's our intention to have it on the March 1St P &Z agenda. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 30 Dobyns: Oh, but could we, is there ... any sort of thing keeping us from putting it on the March 6th Dilkes: I think... correct me if I'm wrong, Jeff, but it's my understanding that P &Z typically, um, that their normal process is to consider it at two ... two meetings. I mean, Michelle, you were at ... you were on P &Z, is that... accurate? Not that they would have to, but ... but that is the normal process. Davidson: That's correct. Dobyns: How unusual would that be? Davidson: Well, as has been alluded to earlier, you can make the request and I think they will pay attention to that request, but ultimately I assume it's up to the commission, right, Eleanor? Dilkes: Right. Payne: And they still ... they do have two meetings before the March, our March 20th meeting, so... Dilkes: Right. I think that has probably been what has been discussed, is letting them have those two shots at it and then it would come to you on the 20th, but whether they could eliminate one of those meetings that they typically do, I think yes, they could. Davidson: That... Eleanor's correct. That was initially our schedule, but again, I would think the City Council making the request would have some weight with P &Z. Champion: And they'll be accused of the same thing we're being accused of here (several talking) tonight. Rushing things, so we ... all we're doing is really setting a public hearing on... Dilkes: I think that's exactly right. Mims: Yeah, I think so (several talking) encourage P &Z to take the two meetings because 1... Dobyns: Cause my sense of the tenor of the meeting, if we're going to go through the regular process, we go through the regular process and let them deliberate because of the complexity that's been mentioned. And I think I agree with Michelle and Terry, I think that the process is what's important here. I think my opinion on this matter is not relevant today as a Council Member, uh, cause I do not want to prejudice the Planning and Zoning Committee in what will be some very important, difficult deliberations on their part. So I would vote no for the 7b. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 31 Hayek: I'm going to, uh, as I indicated in the ... at the work session several hours ago. Um, I'm uh ... I'm comfortable setting the public hearing on ... on 7b. We're going to take our hits, uh, as it relates to the merits, uh, as it relates to the... suggestion that ... that these proposals are ... are (mumbled) real defined. We're going to take our hits as to the process, uh, being ... being followed and, um, as I said just a few minutes ago, the merits are not before us. Um, and ... and we will take those up and there'll be a battle over that I'm sure. Um, I did consider and do consider 7c and 7d to be, uh, insufficiently developed. Um, such that, uh, I'm not comfortable proceeding with ... with those, uh, as public hearings, and that was, you know, we discussed that earlier and staff concurred with that. Uh, but I don't feel the same way about, uh, 7b. Um, and as to the process, you know, we're talking... doing it this way is ... is rare, but not unprecedented, um, it...it causes a 60 -day breather, a maximum of 60 days, which would occur at any point, um, whether we did it this way or through the normal legislative process and frankly if...if this gets back to the Council by March 20th, it's, you know, you cut that time in half for us to reach the merits on ... on this proposal. Um, you know, Council has over ... a number of months expressed this very concern to staff, um... and I, you know, that's why we're ... we're seeing these ... these proposals, um, and I would also add that... that, you know, it's my belief that ... that we don't have, um, projects as, uh, as significantly or... or immediately impacted by, um, by 7b as we, uh, did under 7c and d. Um, and ... and so I think the concerns about fairness are ... are distinguishable as it relates to this one. So ... um, I'll support it. Throgmorton: Sounds like it's 3 to 3 to me. Right now. Cause I didn't express my ... my view, right? Am I counting correctly? Hayek: I ... I think that's, your math is good! Throgmorton: I thought I was. Okay! Champion: ... swing vote. Throgmorton: Yeah, yeah! Well, I ... you might notice me squirming up here a little bit and it's because, um, I don't see any demons in this room. That's the main thing. I see good people who are trying to do what they think is right with regard to, uh, a developing, uh, our city. And... and I, you know, because I live in the northside and because I've talked to virtually everybody in this room who lives on the northside, I absolutely understand what's at stake in terms of, as Mike put it so well thinking about this, not being about politics but it ... but it being about, uh, the quality of our... our homes, the quality of our neighborhood, the quality of where we live. So, I totally get it, and I think the message needs to be... go out loudly and clearly to, um, people who own property and want to redevelop it that it needs to be done very well, in a manner that will sustain our community, sustain our neighborhoods, and ... and not just convert them into housing for large numbers of people in a way that, uh, doesn't really benefit the ... the larger neighborhood and the city. So that message needs to go out pretty strongly. Uh, I also believe very This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 32 strongly in process and ... and fairness. Uh, when I taught Urban Planning over at the University, I talked about this over and over again. I think it's tremendously important to get everyone, uh, a... a reasonable right to contribute their ideas and contribute their insights, like ... like Casey did, like ... uh, like Glenn did, like Clare did, and so the ... that we can have a ... a richer understanding of what's at stake, and I think we've heard tonight, we've gotten pretty good insight into what's at stake! You know, this really matters for the people who live in this area. But also, for people who are looking for a place to live, even if they're students. Even if they're whoever! So ... I, you know, I drew a little sketch up here and I had two lines going down. They were pretty close together and I drew a line right in the middle. That's where I feel I sit right now. Uh, so um ... I ... I want to say a couple things before I tell you how I'm going to vote. Um ... um ... I think the staff needs to articulate as clearly as possible ... it can possibly do, in ... in positive language how this proposed amendment, and then the subsequent ones, uh, will advance the purposes of the Comprehensive Plan and the central district plan. It's not about keeping certain kinds of renters out. It's ... it's about, um, providing a ... a diverse, a ... a range of housing choices for a diverse population, for a diverse mix of...of renters and owners. We have to find a way to do that, uh, that ... that will really, uh, really help us all. And, uh, for ... for, um, developers who have commented, uh, Glenn and others, um, and Mike, uh ... I ... I want you to contribute your ideas about how this can be done, perhaps even more effectively than what the City has already, the City staff has already recommended. So, all of which is, uh, getting around to saying I'm going to support the, uh, the um ... mor, not moratorium but the moving ahead on, uh (several talking) on the, uh, on b. Um ... I ... it's a difficult choice for me but that's what I'm going to do. Dilkes: Mr. Mayor, before you vote, because I know people may leave after that. I just wanted to bring, um, your attention to the memo I did on how the protest in my opinion will work with respect to, um, this item. Hayek: Okay. Further discussion... on the motion? Okay, all those in favor say aye. Opposed say nay. Motion passes 4 to 3, Council Members Payne, uh, Dobyns, and Dickens in the negative. Karr: Motion to accept correspondence. Mims: So moved. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. We're going to take a recess until 9:10 and then we'll start the formal meeting. (BREAK) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 33 ITEM 7. PLANNING AND ZONING MATTERS. h. CONSIDER AN ORDINANCE 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 (RRI) ZONE (REZll- 00019) (PASS AND ADOPT) Payne: 7h is the one I need to recuse myself from. Hayek: Okay. (reads item) Mims: Move adoption. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Roll call, please. Dilkes: You want to do ex parte just real quick. Hayek: Oh, yeah! (mumbled) Throgmorton: None. Champion: None. Hayek: Any ex parte communications since the last reading of this? Mims: No. Hayek: Okay. Thanks, Eleanor. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 34 ITEM 10. AUTHORIZING CONVEYANCE OF LAND EAST OF STURGIS CORNER DRIVE AND WEST OF THE IOWA RIVER TO RAVI LODGING, INC. a. PUBLIC HEARING Hayek: 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. Dickens: Second. Hayek: Moved by Champion, seconded by Dickens. Discussion? Mims: I just had a question. Nowhere in any of the materials we've seen has there been a price indicated. Just... Davidson: I'm sorry... Susan? Mims: Sorry! Um, nowhere in any of the materials that we've been presented with, that I recall, have we seen a price (mumbled) appraised value. Davidson: And I apologize for not knowing that price. It was based on an appraisal of the property. Dilkes: Yeah, I ... did we not include the price when we set the public hearing? I think... (several talking) Hayek: I'm not sure you did. Mims: I don't recall ever having seen it... and that's why I was kind of curious, cause it seemed odd. Dilkes: Okay. We can certainly get you that number. Mims: Okay. Thank you. Hayek: Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 35 ITEM 15. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW PLANTERS IN LIEU OF FENCING. (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Throgmorton: Yeah, I'd like to ... I don't know, process a question a little bit. Uh ... I, years ago when we adopted the first, uh, sidewalk cafe's ordinance, um, my recollection is that, uh, we encountered a difficulty having to do with a sightless person who was going down the street and slammed into some stuff because he didn't know it was coming up. And I'm wondering if any contacts have been made with, uh, sightless people or others who might have certain disabilities that would be ...that would affect them differently with regard to this ordinance? Fosse: We ... we recalled the ... the same incident, uh, from when that went through the first time and what has ... what this contemplates are planters that are down low enough so that there'll be cane contact there. The problem that we had, uh, that you just described had to do with a ... with a temporary, um, banner I'll call it, that was about waist -high, so that you ... you really got past it with your cane before you encountered it with your body. So this will not present the same difficulties. Throgmorton: Good! I'm glad to hear that. I had sort of a more general point though which really I think, Rick, you can't really address. It has to do with, uh, people who have certain kinds of disabilities and how they might be differentially affected by certain ordinances, and if we don't have those disabilities we might be unconscious of how those ordinances might affect `em, uh, so I ... I don't know, I try to keep myself, uh, aware of that, uh, affect and think about it ahead of time. Payne: Is ... is what this is, instead of putting up planters and a fence, or ... you know, wrought iron fence or whatever, somebody could put in just a row of huge terracotta pots? Is that the idea here? Dilkes: Well, there are requirements in ... in the ordinance, the minimum requirements, and ... urn ... Rick, if you want to ... talk about those. Fosse: You're doing fine, Eleanor! (laughter) Dilkes: I was just going to read `em so... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 36 Fosse: Yeah, go ahead and do that, if you've got it handy. I don't! Dilkes: Okay. Um, they have to be, the planters shall be either fastened to each other or removed from the sidewalk or City Plaza at the end of the day's operation. Um, shall be not less than 27 inches or more than 36 inches in height. Um, and shall be either metal or have a metal frame, and in addition, they have to be, um ... approved by the City Manager. Or designee. Fosse: Does that help? Payne: Yep! Perfect, thank you. Fosse: Uh -huh. Hayek: Further discussion on this item? Roll call, please. Item passes 7 -0. And I want to just clarify for the record, I misspoke on item 7h, which was the rezoning on ... on, uh, Prairie du Chien, uh, I said pass 7 -0, but really it passed 6 -0 with Council Member Payne abstaining. I just want to get that into the record. I looked over to you and saw, man, she just abstained a couple minutes ago and I didn't mention that! Okay! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 37 ITEM 18. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE RIVERFRONT CROSSINGS URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE RIVERFRONT CROSSINGS URBAN RENEWAL PLAN. (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Throgmorton: Yeah, I'd like to bring up a ... a suggestion. Bear with me for a second, so if somebody else wants to say something, please do, but I'm trying to find my notes to ... on that particular point. Hayek: Any other discussion on this? Mims: Well I just ... I think (coughing) for the public that this is adopting a TIF ordinance, and when I read in the packet what you just read it...it read to me like it was all the property taxes, and in fact it's just the incremental property taxes, which obviously is in the ordinance but just to clarify that for somebody just reading this description, it might not be clear. Hayek: Good clarification. You ... is that, was that your point? Throgmorton: No, no but I found my notes so... Hayek: Okay. Proceed a pace! Throgmorton: Lot of material here to go through (laughter) keep track of these things. Um, I'm concerned, uh, well, no, I don't want to put it that way. Um, if I understand correctly, there's no time limit on, uh, urban renewal TIF districts, and if that's correct, I'd like us to consider, uh, setting a time limit on it. In other words, I ... I wouldn't ... I think it'd be unwise to have an indefinite period associated with, uh, this TIF district, so that it could just kind of go on forever, uh, that that's one of the difficulties I think we've seen with our neighboring city. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 38 Champion: Well I think, I mean, your point is well taken, but this doesn't mean that every TIF will have a bottomless line. It just means... because when we do a TIF, it'd be for a specific project, in that area. And it will have a timeline or a money (several talking) Dilkes: Can I just clarify for a minute? First of all, um, there is a time limit on an urban renewal, um, for an urban renewal, uh, area that's designated, based on economic development. This one is, was done for slum and blight so there is no such time limit, but also all we're doing here is enabling, um, the certification of debt. We ... we have to certify debt before we can capture that incremental value, and we typically do that on a project -by- project basis. Throgmorton: Right, I've got that, but ... but I can restate this a little bit differently and then maybe Jeff can address this, um, how would we know if the TIF district has accomplished its objectives? Um, in other words, the ... the memo from Wendy Ford lays out a series of objectives. How would we know that they're accomplished and then if they get accomplished, wouldn't we want the district to go away? Davidson: I suppose if the Council reached a point at which you felt all of the property in the district had achieved its goals, that, at least hypothetically, you at that point could ...could end the ... end the district. Um, the reason we're bringing this to you now is because of the prospect, the possibility, it actually looks now like it's going to be less likely than we thought it was going to be, of a TIF project for the hotel project that's down there. It may actually go forward without it now, it appears, uh, but ... but that was the, our reason for bringing it to you now, and as Eleanor's pointed out, what the slum and blight designation there is not the, uh, 20 -year limit that there is for economic development. Dobyns: But, Jeff, isn't it the tradition of Iowa City in the past for previous TIF districts, that um ... they've ended fairly quickly soon after (both talking) Davidson: All of our projects, there have been nine or ten, and all of them have basically ended once the project ended, then the project is closed out and the ... at that point then all of the taxing entities receive the benefit of the ... the increased value. Dobyns: So, Jim, my sense is that Iowa City has shown historically that we have abided by that philosophy, so... Throgmorton: Absolutely! I'm not objecting to using TIF as an instrument in this instance. Not at all, and I understand what Connie and Jeff have said about how... recapture of, uh, of property taxes would be associated with particular projects. I'm just concerned about the district itself having an indefinite time period associated with it. So that ... 30 years from now, a ... a council could keep providing TIF projects, keep enabling TIF projects, in a district that's already stopped being a ... a blighted This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 39 area, you know, I mean that... so... so if we had some... some date in mind. I don't know, like a ... a 15 -year period when the Council would be required to at least reconsider. Uh, that's what I'm suggesting. I'm not ... not saying anything else other than that. Hayek: Well we ... go ahead. Mims: Well I think, too also that the issue with an area like this, um, and in particular as we start looking at that whole Riverfront Crossings' area, we've got a lot of space down there that, it might be 15 to 20 to 30 years until that is all done, and so the fact that, to me the fact that that whole area is designated is not an issue because we have always done these as project - specific with an end date, I mean, in terms of shutting those down, and so we're not keeping any of those incremental taxes from the other taxing entities, once that project has met its goals. But, in starting something like this, it is really ... I would say impossible to know how long it's going t take to really redevelop that area, particularly, you know, in an economic situation like we're in right now, um, things can really get slowed down for 5 or 10 years, and if you put an end date on, I don't know what the process would be to start one back up again if you put an end date on it. Davidson: I'm not sure of that either, Susan. I guess the one other piece of information I'd give Council for your deliberation is that we did look property by property at this district when we established the urban renewal area, and there are certainly, there's a great variation, it's not ... there's a great variation in the status of properties in this area. There are some, you know, the Village Inn was reconstructed after the flood. The Dairy Queen was reconstructed after the tornado. Those properties are not going to be need... in need of reinvestment for several years, but in 15 years they may be in need of reinvestment, and that becomes a reason for leaving it open, um ... as opposed to a project that will... needs reinvestment right now. Payne: So ... so theoretically then ... does that mean that somebody could partake today and in 20 years, since the district is still there, and... they... become blighted again, they could partake again? Davidson: Well or ... or, you know, I would point out, uh, Michelle, that with the Company we're in the process right now of negotiating a third TIF agreement with that company. The second one is even still in ... in effect. Now those have been not for slum and blight but for economic development, but the point is that yes, if there's reason to keep reinvesting in a property and the Council wants to do that, we do have the option of doing that. Hayek: I mean, it seems to me that ... uh, that ... that future councils will need to decide how far along has this area come and ... and, you know ... is, does it still need this kind of ... of approach, and um ... and you know we've, we as a city have ... have made some policy pronouncements on ... on ending TIFs and our concerns about This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 40 that because they turn into these ATM machines for ... for communities to ... to take on other projects wholly unrelated to the diverted taxes and ... and those sites, but I think the safeguard against that is our Economic Development policies, which, uh, which provide for, uh, generally project -based and certainly, uh, much shorter term, uh, projects with end dates and metrics and all ... all of those things. So I'm comfortable with this, um, it's consistent with State law and it's also consistent with, and very importantly, our ... our own policies. Champion: I'm very comfortable with it. Dickens: Does it need to have a case -by -case basis put in it, or not? Is that (several talking) Champion: It'll always be a case -by -case (several talking) Hayek: Cause each case would be a case -by -case basis (several talking). We're talking about a district, uh, you have to designate as such. Dilkes: I think this ordinance, I kind of view it as an enabling ordinance, for purposes of deciding what incentives you want to use on a project -by- project basis. Hayek: Okay. Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 41 ITEM 19. 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. (PASS AND ADOPT) Mims: Move adoption. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? I assume there are members of the audience who would like to address us, and so, uh, we're going to be consistent with what we did earlier in the evening, uh, get in line, uh, sign in and give us your name please and stick to the three- minute, uh, rule. Thank you. Curtin: As you'll see later, my name's Shawn Curtin. I live on Muscatine Avenue. Um, I came and spoke out against this red light proposal the last time it was up for a reading. And uh, I'm happy to come out here and wait for two hours to do it again cause this is something that is, uh, very important to me. I've, uh, brief comments which I've prepared which will not go past the three- minute limit, uh, I just want to do a little bit of an opener. Um, you know, I think on something like this there's often the argument made that, uh, if it saves one life that it's worth it. Um, but I know we could pass a law and... and have people not drive their vehicles in inclement weather. We could pass a law and have people stay inside their homes at night and this is just ... is not an argument that ... that holds a lot of water in my book. Urn ... and, you know, I was sort of questioning whether I wanted to bring this up, but I feel like it's necessary, uh, as we were out waiting for the opportunity to speak about this, I was looking through a phone and I saw that, uh, there was an article published where Sam Hargadine stated that he's confident that this will pass, um, and you guys have stepped up to be leaders, um, and you have that position of leadership because the people have put you in place. So this is the appropriate forum to hash out this issue, and it's not done. The conversation is still going on. It's going on right now. Thank you. Um, I guess the comments that I have prepared is that we're a diverse group of people. I think we have people from all political spectrums in this room, uh, you know, I'm confident of it. But there's something that we all agree on. We all want safe roads. Who wouldn't want safe roads? I don't oppose red light cameras because I want dangerous roads. Uh, I'd like to tell you a little bit more about that. Um... you know, I think this ... this is, uh, the wrong answer to the right question, this red light proposal. Um, I guess what I wanted to say is that ... it does make sense to support something that someone said will make us safer. Uh, but this will not make us safer. This will make us less safe. I'm just speaking about the effects that this would have on public safety, independent of all the other concerns that people have in regards to privacy or this, that, the other, revenue, money going to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 42 corporations that are not in America and ... and the appropriateness of this. Speaking on this public safety issue what I would like to say is, uh, you know, there are studies that have indicated that red light cameras, uh, may in fact, uh, reduce side collisions by around, you know, 5 to 20 %, depending on what you look at, uh, and then there are also these studies that say that we've all heard of that these cameras do in fact increase rear end collisions, uh, so you know, we can have one person bring up one study and that can be used for a purpose, or we can have another person bring another study in and they can use that for that purpose. What I would say is that if you look at ... if you look at, um, if you look at meta analysis, which I've taken some time out to do, what they like to do is they get around 10 studies from one side, 10 studies from the other side, depending on what position those take. Um, and what they do is they have scientists sit down and look at it, and there's an organization called, uh, Direct Science and they did one of these meta analysis, and what they ... what they realized is that, you know, rear end collisions, um ... were ... were increased. What happened is that side collisions were decreased by 15 %, rear end collisions were increased by 40 %, and total collisions were increased by 15 %. So, you know, we may not have these side collisions. We will have other collisions, and I just want to know, you know, how are we going to feel as a community if we do this and we don't thoroughly think it out, and say there's a child in the safety seat in the back. Possibly someone with a back injury. And we have this rear end collision. Uh, you know, so we will see people hurt, if we do this tonight, and we cannot do this and just to wrap up, you know what I would say is that ... you know, people sometimes say that this might be revenue neutral, so it might seem like, you know, this is for safety. This isn't going to cost us any money. Let's go ahead and do it. But, what we know is that people will be hurt because of this, and it is not revenue neutral. There ... other cities that have, um, that have so many outstanding tickets, how many people are we going to divert from their other important, vital duties to track down these people who need to pay these tickets, how many, you know, say we get 10 piled up, if that would trigger something. Maybe someone would have an arrest warrant put out. Maybe we're not going to deal with all these other issues that we need to deal with. What we need to do is realize that these red light cameras sometimes the reason that they reduce the side collisions is because when there are cars coming in the other direction, it increases ... it stops that on- coming traffic. It's not cause there ... it's not cause they know that someone's watching them. It's because it changes the ... the dynamic of it. Let's increase our yellow light by one second. No one will disagree on that. These other overreaching issues of civil liberties that are ... is a legitimate concern, as well as rear end collisions. Those are not going to be an issue. I want safer roads. Everyone else does. Vote against this. Thank you! Hayek: Thank you for your comments. Buss: Anna Buss, 525 W. Benton Street. Well, Texas has those wonderful safety cameras, and while in Texas my car got one of those tickets. I was home three weeks before I got the notification. Now I wasn't about to go back down to Texas This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 43 and fight it, but I had loaned my car to my mother's 90- year -old friend to go get groceries. She got the ticket. Neither here nor there, but my question is, this is before the legislature right now. If they decide that they're going to outlaw these, please when you're entering into the contract with these people, allow yourself an out, because there's a lot of discussion about this in Des Moines right now, and there's a lot of people that really are not for it. I'll be interested to see what happens. So, given that, just proceed with caution because I hate to see the City in yet another lawsuit! So ... thank you. Hayek: Thank you, Anna. Eicher: Hi, I'm Charles Eicher and I'm a, uh, resident of Coralville, although I was born and I work in Iowa City, and I'd first like to briefly say that I did come here also to comment on item 18 but was not given the opportunity and I would just like to briefly go off topic to say that, uh, I'm here representing myself but a member of Occupy Iowa City, and we recently impaneled a, uh, TIF committee and we are dealing with, uh, scrutinizing TIFs in the city and in fact that ... there was, are hearings in Coralville regarding their 40% of the entire tax, property tax base being under a TIF, and we would like to basically not get into it right now, but to basically say that there is a law in the State Council, in the State House right now, uh, regarding term limits on TIFs and the whole area is ... Johnson County's under great scrutiny on TIFs right now, as it seems that Iowa City and Coralville (both talking) Hayek: (both talking) Eicher: Okay, so anyway, let's move on to (both talking) perhaps another time, but I came here to speak on the red light and I'd first like to say that the two common arguments seem to be money and safety. The first argument is that, uh, well we don't want to be seen as using this as a money- making opportunity and unfortunately it will. There's no doubt about it. There will be more revenue raised, and even if it wasn't the intention to make this a money- maker, the effect is that it will. Uh, I'm also concerned about the safety issue in that I was recently, uh, driven in front of by somebody who ran a red light and my car was destroyed. It totaled and I lost, uh, hearing in my left ear as ... on account of the accident. However, the Iowa City Police did arrive on the scene and investigated, and uh, fault was assessed without any records or videos or photographs, and uh, basically the issue is that safety is not really increased by red light cameras. Uh, basically every city that has surveyed, uh, red light cameras usage after a year to two years has resulted, has reported an increase in rear end accidents, caused by people slamming on their brakes saying, `Oh no, I'm going t get a ticket!' Uh, this is, uh, if my phone hadn't run out of batteries I would be reading an article from the Kansas City Star reporting that after two years, they had a 18% increase in rear end accidents, in those 17 intersections where they implemented red light cameras, while overall throughout the city safe, uh, automobile accidents decreased. So basically it's concentrating traffic accidents in the red light zones. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 44 However, what concerns me the most is, uh, something that I don't think anybody's ever brought up in this argument, and this ... that is ... what, giving this, would this proposal... basically outsources governmental and law enforcement functions to a ... to a private corporation. This is corporatizing, uh, functions of the city that are rightfully under legal and judicial, uh, oversight by the City Council and the courts. Uh, I ... I, an example I would like to use is Chicago recently outsourced its parking to, uh, a third party and basically got totally ripped off, and suddenly there are parking, uh, parking meters every single place that one can be placed in this town. You give somebody incentive to run with the ball, they will run with it, and uh, it will basically not create revenue for the city. It will cause inconvenience for the residents more than ... I've heard reports of, in that case there are parking, uh, meters where there, maybe one person park every week or month, so uh, well, in addition to the outsourcing issue which is, uh, concerns me greatly, I think that, uh, outsourcing a law enforcement function that really doesn't seem to be a problem since the ... what did we hear in the work Council, four tickets in the last year? Uh, this doesn't seem to be a problem crying for a solution, and I'm not sure what this is a solution to. What it does appear to me though that this is a kind of a slap, uh, in the face of the Iowa City Police Department, saying that a private corporation can enforce the law more effectively than the Iowa City Police and law enforcement of the county and the, etc., so it's my proposition that, uh, passing the red light ordinance would be a terrible proposition. It would set a bad precedent for privatizing, uh, law enforcement and governmental functions, and I deeply urge the City to resist and vote down this proposition. Thank you. Hayek: Thank you for your comments. Hampel: Good evening, Council. Uh, my name is Martha Hampel. I live at Oak Crest Street. I would like to once again voice my opposition, uh, to the installation of red light cameras in Iowa City. Based on speed and distance, the proposed red light cameras have sensors which can predict whether a driver will run a red light, and in turn, stop cross - traffic from getting a green light. Have we considered the possibility that it is this feature of the cameras that has caused a decrease in broadside collisions, and not the actual photo being taken? I am also curious how long those who advise our City Council have known about this type of life- saving technology and did not ... do, and did nothing to implement it. We also know that extending yellow lights for even a second has proven in many studies to decrease accidents at intersections. I am saddened that there is ... there is concrete and proven ways to make Iowa City intersections safer, yet the Council is postponing the implementation of such life- saving techniques in hopes they can couple them with the ... these very controversial cameras in order to generate revenue from Iowa City's hardest working residents. Because the Council has done as much research as I have on the issue, I am sure they are familiar with the many studies which show that while broadside collisions can be decreased by about 15% at intersections where camera sensors stop cross - traffic. Rear end collisions are increased by anywhere from 35% to 80% due to drivers' fear of the actual This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 45 camera. The Council's objective is to decrease the likelihood of broadside collisions. This is appropriate and appreciated. However, the Council should be concerned with decreasing and preventing both broadside and rear end collisions. I would ask the Council Members to vote no on the proposed installation of red light cameras in Iowa City, and implement any or all techniques proven to increase safety at intersections. Thank you. Hayek: Thank you for your comments. Garrett: Hi, uh, my name's Aaron Garrett and I'm not a citizen here, but do live in North Liberty and uh, like to come around town from time to time. Um, so uh, I just, I want to thank you first of all for... for the time to speak on this important issue today. Urn ... as I said, my name's Aaron Garrett and I'm a, actually I'm a, I'm not speaking for him tonight, but I'm a newly elected member of the Johnson County Central Committee for Republicans and um, I'm also a registered nurse with experience in cardiac telemetry, geriatrics, orthopedics, and most recently some pediatric mental health. Um, you know, I was thinking about what I would say today in regards to this, and uh, one of the first things that I thought of was that I've never once, um, needed a camera looking over my shoulder to, uh, administer life- saving intravenous medications, when caring for a patient. Um, or in order to make sure that I was able to recognize life- threatening, um, situations and ... and uh, to act correctly in those situations. Um, just as my ability to do these things has ... has been vetted, I have, uh, also been able to consistently stop at red lights my entire life without having to have a camera. Um ... the ... the question I have, uh, I think we need to ask though is the insight, urn ... we need to question the reasoning of government entities, which have habitually negated their responsibility to look past the decisions they make and to recognize the unintended consequences that those decisions will eventually manifest. I would like to bring to your attention, um, if some of you aren't already aware, and I've actually got the article here and a few copies for you if you'd like to look at it, um, from the Des Moines Register, um, this is an article in print on September 30, 2011, which stated that aircrup ... Air Cover Integrated Solutions Corporation, out of Redding, California, has received from the State of Iowa a $175,000 royalty award. They have opened a facility in Cedar Rapids and they plan to work with the University of Iowa's operator performance laboratory, and it ... and partner with Iowa local law enforcement to test their products on, and uh, basically this will no doubt result in agreements, um, sweetheart deals with these local law enforcement entities, which are willing to take the next step, insert civilian surveillance by local law enforcement in our area. (noise on mic) Now ... hello? Um, this isn't happening ten years from now, five years from now, or even one year from now. A recent article in the Corridor Business has cited that the President of Air Cover, James Hill, states that, `By the time we reach April, there will be products pushed out the door." So welcome to the next step into electronic civilian surveillance. These are, if I haven't been clear to this point, they manufacture unmanned, um, well I guess for lack of better terms they call them unmanned drones and they are used for surveillance. Um, now increasingly This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 46 more in law enforcement and Texas, of course, is a leader in this. Um, and ... and so basically they're going to be manufactured in Iowa cities. They will be tested in Iowa streets. They have been subsidized by Iowa taxpayer money. Again, to the tune of $175,000 to get `em to Cedar Rapids, which is a ... a pretty close neighbor. And today we set a precedent. Is this what you want in your neighborhoods? We've had a lot of talk about our neighborhoods here tonight. I've sat and waited through all of it, and they're important to us. I'm a homeowner, and I plan on having kids, and my neighborhood does mean a lot to me, and that's why I'm here tonight. This isn't what I want in my neighborhood. This isn't what I think we need to feel safe. Urn ... Thomas Jefferson advised that those who would give up freedom for security will possess neither, and I think that that is generally the case. I wouldn't question him (laughter). But um ... I would just ask that you consider tonight what your vote with some foresight to see past today to tomorrow, the precedent this is going to set for us, because tomorrow's knocking on our door and April's going to be here pretty soon. So we're going to have more decisions to make at this Council. Um, I also would advise to you that every action will also have a reaction, and unfortunately we're here today because a number of you have made the wrong decision so far. Because we've had this discussion before. I would advise the Council the following: do not cast your vote without solemn consideration of what you are endorsing. As you can see there are a number of us in the room willing to take the time out to move to action. Some of us in attendance aren't the kind of people who are going to be content with casting a vote against the offending Council Members. Some of us are the kind of people with the desire, the resources, the organization, the donors, and the volunteers, and the ability to identify and support or become an alternative. Thank you very much for your time and... Hayek: Thank you. Walters: Hello, my name's Ed Walters. I actually am a recent resident to Iowa City, um, residing on, um, South First Avenue, near the, uh, Central, the City High School. Um, interestingly the last two places that I've lived were Houston. Actually Katy, Texas, which is annexed right next to Houston, and then before that, Washington, D.C. I have first -hand, um, seen the traffic, uh, cameras in use. I've been witness to actual accident that have happened at those intersections. I've been, I'm a pretty confident person as a former, uh, as a West Point graduate and Army officer, pretty confident in stressful situations, but I gotta be honest with you: driving to work all the time, seeing these accidents and seeing people slam on the brakes is unnerving. The other thing I'd like to say is, I really, my wife and I really want to stay in Iowa City. It's got this great appeal of being, having all the attributes of a great city but still having part of a small town, Mayberry type feel. Okay? I don't think that we need these big -city cameras. I think the citizens of this country and in this town, we have enough surveillance going on in our lives. We go to the, you know, whether you're on business or pleasure, you gotta go to the airports. Understand that we gotta go through security there. I support those that said there are other alternatives here. Um, I realize that the Iowa Supreme This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 47 Court has said this is not an invasion of privacy, according to the law, and that, um, it could not be overturned, but I ask you to consider what the voters here in Iowa City want. We can set the tone that we want in this town. You know, one of the other things is, um, companies like American Traffic Systems, which was the company that did this in Houston, um, aggressively court the police chiefs. It's the same sales pitch that they give every police chief, and I really respect the police chief. Like I said, I've served in uniform and I know he's concerned about the safety of citizens, but I am completely against this. I also hope that you are listening to the citizens, the voters, and the Iowa City residents that are here tonight, because it sounds to me like based on what, um, the police chief has already said to the press that's been in our papers prior to this meeting that this is basically a slam dunk. So that's not exactly what he said, but he said it looks like we have the votes and it's going to pass. He said the vote, Hargadine said the vote will likely play out the same way this evening, based on the outcome of a City Council work session earlier tonight. He mentioned that there's been months of studies with you all; however, you know, as somebody who's personally experienced these cameras, as somebody who you can go and on the web and look at case after case, it's not just Washington, D.C. that's had issues. It's not just Houston that's had issues. It's all over the country. I would also like to say that when I was in the Houston area, I actually voted, um, there was a voter referendum put up so the ... the politicians passed this. There was a ... three brothers that got involved, got a brea... great big groundswell movement; a voter referendum was put on the ballot, and the ... the red light cameras were overturned. But, what happened was because of the agreement that was put in with American Traffic Systems, and American Traffic Systems, of course, was seeking court injunctions and was suing for violation of the contract. So I really have to question the motive of the vendors that you might do business to because at the end of the day it's all about money to them. So I hope we are not too late. Um, you know, it appeared that accident rates in Houston increased. The Houston, um, city of Houston would not actually release the accident statistics at those intersections, and you know what that probably tells us. There is enough evidence, um, you know, that ... that it increased accidents. They just didn't want to put that out. It is costing, or it has cost the city of Houston a lot of legal fees in trying to, um, adhere to the will of the people that put it on referendum. I really urge you, I know you've done a lot of work on this. I know you're concerned about the safety of citizens. I don't think this is solution. I think there's a lot of other people that don't, um, think this is the solution. Thank you very much for your time. We really appreciate it. Hayek: Thank you for your comments, Mr. Walters. Knight: Hi, my name is Roger Knight, and I ... was here for the first reading of this ordinance, and one person supported it. I missed the second, uh, reading, and one more person approved of this, talking to you guys. Tonight none! The city doesn't want this because this is not the right angle to go. No person after person after person has came up and gave you other options. Maybe planting some trees. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 48 Trees are beautiful. They don't run in front of cars from what I can tell. There are other options to go. These cameras, you know, there's issues with security. There's issues with the money. All the issues aside, it's causing more accidents. We can right statistics and say whatever we want with statistics. The thing is is this is not right for Iowa City. This is a city where ... its small town feel with kind of big -town appeal. And, it was brought up that, well, maybe we need to look at Cedar Rapids. For why these cameras might be good. Okay, well, we don't have 380 running through the center of Iowa City. Cedar Rapids is a whole ` nother traffic area. You know, you got 380 through town. It's spread out. You got more people. People don't care about other people. Cedar Rapids is not where I want to live. I live in Iowa City because of how the ... the Iowa City Police Department is so much better! They know what's going on. They get out there. We see their sometimes ugly face ... no offense (laughter) out here to ... get ... we get out there. We know their names. We see them. They're here for us. I love that feel, and Cedar Rapids it's oh my gosh! What, you know how many tickets I'm going to get to for just looking out weird. You know, I don't want that here. This is not right for Iowa City. We have other options. I encourage and hope that you guys would at least look at other options. Real, you know true heartedly, and maybe vote it down tonight and go at this another way. Where then they can be brought up that this is wrong because of this. That's my thoughts and hopefully you guys actually think about it before you say yes or nay tonight. Thank you. Hayek: Thank you for your comments. (light applause) Is there anyone else who wants to address us before I close this and take it up for Council, uh, discussion? Okay. Thank you, uh, for... for all of the input. Uh, at this time we will close this for Council discussion. Is there Council discussion? Champion: I have nothing new to say. Except ... (laughter) when, I like the point he brought up about the referendum. I mean, when you guys look at this contract, better make sure there's an out because citizens in Iowa City can do a referendum too. (people talking in audience) And ... has there ever been a lawsuit against a city for using these cameras, for uh, a rear end collision? Dilkes: Ever anywhere? Champion: Well, you know (laughter) Dilkes: I don't ... I don't know. Champion: I mean, would the City be liable if.. . Dilkes: I don't think so. Champion: Okay. Anyway ... it makes criminals out of people who aren't criminals and it also, the ticket goes to the car and not the person, and those kind of things just really bother me. I know parking tickets go to the car and not the person too but This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 49 it's a little bit different. And he's right, they put parking meters everywhere in Chicago now, even in alleys! (laughter) So I mean I think this technology is fine, some of it is and some of it isn't, but I'm still going to vote no. I still don't like it, and I probably will never like it. Hayek: Further discussion? Throgmorton: Yeah, I mean, I can't help myself so I'll say a few things. Partly in order to get it on record because we had this discussion during the work session. But not everybody, uh, may have heard the discussion, so ... uh, for those of you who don't know we had this ... we asked the staff to, uh, respond to a series of questions for us and they did quite a good job of it, and their responses, um, are ... are going to help produce a better decision on our part regardless of what the decision is. So I feel really good about that. And, uh, also we've got a ... some of you who have, um, made your statements tonight don't know this, but we've gotten all sorts of communications that appear in our written packet from people who support having, uh, installing these red light cameras. So it's not as if, you know, the people have spoken and they spoke tonight. There are all these other people who've told something different, okay? Uh, that said, so the ... the ... I directed a series of questions toward the staff and uh, they um ... let's see what I wanted to say next, urn ... um ... I asked them about whether there was, uh, I asked them to tell us how ... how, uh, how extensive the use of, uh, cameras are right now for outdoor public spaces. And... and I, from the response I gather not very extensive. They're used for lots of reasons indoors and so on, but not for outdoor public spaces, uh, so I think this would be, um, a significant step toward further monitoring of, uh, of uh, of public behavior in one way or another. That bothers me. But ... I'll get back to that in a second. Um, I ... I ... I think there's also a chance that if we do these at ten intersections, that there might be a strong inclination to extend them to other intersections or to other possible uses. That bothers me a little bit. Um, I understand that there are no legal concerns associated with, uh, doing these, uh, installing these red light cameras, and I appreciate Eleanor's help on that. Uh, I remain a little bit concerned about, uh, perception of unfairness associated with ways, uh, fines would be levied and so on, but there's nothing illegal about it. Uh ... and, uh, I also looked carefully at how the staff, uh, stated it's um ... the purpose of, uh, of, uh, these red light cameras and... in the most... in the most recent memo we got from `em, uh, they indicate that the purpose would be to increase compliance with traffic laws at intersections. And that full compliance would reduce collisions and associated damage and injuries. Okay, so ... for me that ... that's what I'm riveting my attention on. And when I do this, and I said this during the work session, uh, I think there's a lot of variability in how these cameras might, uh, the effectiveness that these cameras might have at specific intersections. There's concern about red, uh, rear end collisions and so on, but one ... I'm going t toss some numbers your way. When ... when I do some back -of -the- envelope calculations, and I know there's error associated with it, I ... I figure that the, uh, it would cost the people of the city through fines about $180,000 per year to achieve, to avoid 0.1 This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 50 major injuries per year at the ten intersections that we have in mind. If I knew that the public safety benefits would be substantial, I'd set aside all the other concerns that have ... that I've mentioned. But I don't think these public safety benefits warrant, um ... installing the cameras. So I ... I would vote no. Hayek: Okay. Further discussion? I'm ... I'm going to, uh, continue with the vote I cast in, uh, the prior two readings. I very much appreciate the input. This is one of those issues, and they pop up from time to time, that bring out impassioned arguments; cogent, uh, well reasoned, uh, arguments and uh, and that input is important to us, and I ... I certainly listen to it, uh, but for the reasons I've stated in earlier readings, uh, I'm comfortable giving this ... giving staff a chance to go out and look ... look at a contract. Roll call, please. Item passes 4 -3, uh, Council Members Throgmorton, Payne, and ... Champion in the negative. Karr: Motion to accept correspondence. Mims: So moved. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 51 ITEM 23. CONSIDER A RESOLUTION ALLOCATING HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2013. Mims: Move the resolution. Payne: Second. Hayek: Moved by, uh ... Mims, seconded by Payne. Discussion? Throgmorton: Well we got these... letters or requests or whatever, so ... we need to think about that. Hayek: Yeah! So, as I understand it we were contacted by at least two entities. Throgmorton: Yeah (both talking) ...kind of expected. They would have also. Hayek: ...appeared to have missed the deadline, um ... and uh, so what do we do about it now? (mumbled) Champion: We've taken this out of our hands, which I think is kind of too bad. I think I really liked it when the Council decided allocation of these funds, um ... but I think they did a good job and (mumbled) Hayek: Aren't you in favor of doing that... Champion: No, I was not! Hayek: You were not. Okay. (several talking) Throgmorton: ... may have done a good job but still some agencies seem not to have known about the process because of Linda Severson and ... and you know transformations in human resources. Hayek: Well ... I mean, you know, we can consider those late applications I suppose, I mean, we're free to modify these HCDC recommendations, but given that the recommendations max out what we've allocated budgetarily, we'd have to take hide from, uh, other... Champion: I'm not willing to do that. Hayek: ...recommendations. So ... John, were you standing up there ... do you want to (laughter) Is there anything we need to know? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 52 Yapp: No, just that the, uh ... what's called the joint application process, uh, where we, uh, utilize the United Way funding application has been the same, uh, for what I've been told is 19 years now. Uh, the one thing that has changed is that, uh, Linda Severson used to, uh, make a reminder phone call to several of the agencies reminding... reminding them to get their applications in. Uh, that's the one thing that has changed, and then for the past three years I believe you've received funding app... recommendations from the Housing and Community Development Commission, uh, as you have tonight. Hayek: Okay. Thanks, John. Well, there's a motion and a second that is on the floor, um, unless someone wants to, uh, try to reallocate... we have a vote for us. I mean, I think it's an unfortunate situation for those who ... who got left behind, but ... I guess from my perspective we implement these recommendations and hope that they, uh, apply in timely fashion next year. Mims: Yeah, I mean, they've been applying for more than one year so it would seem like they should have some idea of the dates. Hayek: So... Throgmorton: Well, you know ... I ... I don't like the idea of, um ... people losing out because of some slippage, um, and ... and you know, what looks to us to be tiny amounts of money for some of these agencies, I think, could be substantial. So... Champion: You're right about that! Throgmorton: Yeah, so and ... I ... I would want us to be, uh, oh, what's a good word? Uh ... (mumbled) flexible I think that's the best word I can come up with. Hayek: It seems to me ... looking at this, um, no one is recommended to get more funding than they got last year. Mims: Right. Hayek: So there's not some project that all of a sudden is a favorite and has resulted in ... in increase in funding over the last budget cycle. Um ... everybody gets at or less than what they got, uh, last year, and the fact of the matter is, you know, the budget is down on this by ... I can't even do the math. Uh ... $30,000 -some. So, that's... that's the difference. Throgmorton: (mumbled) Champion: We used to kind of keep a contingency fund for that very reason, that things came up during the year. But these agencies have been applying for these funds for years and I'm not going to change the status of the recommendations because they This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 53 forgot to send in their application. I ... I just ... I think there's some responsibility there, too. Hayek: Further discussion? Roll call, please. Item passes 7 -0. Karr: Motion to accept correspondence. Mims: So moved. Throgmorton: Second. Hayek: Moved by Mims, seconded by Throgmorton. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 54 ITEM 27. CITY COUNCIL INFORMATION. Hayek: We'll start down on your end, uh, Rick, if you have anything. Dobyns: Nothing! Payne: Nothing for me. Dickens: Nothing. Mims: I will. I know we're late but I'll try and make this quick. Um, I have three things I would just like to mention and throw out in terms of our zoning discussion for staff to consider, if Council is in agreement. Um, one of the conversations I've had is ... how easy it is for people to, uh, get demolition permits, it sounds like, and is there any way, um, is there any way we can look at making, in providing incentives. I realize I'm talking money here, okay, but in terms of keeping some of these houses in these neighborhoods, less incentive for people to tear them down and put up big apartment buildings. Uh, so just something to consider. The idea of, um, building across property lines. One of the ... one of the things in this neighborhood stabilization that we see happening is developers are buying up two or three adjacent properties and tearing down those two or three houses and then putting up mega- structures. Um, I'm assuming it takes away the ... the, uh... Markus: Setbacks. Mims: Setbacks, thank you (laughter) you know from your interior lot lines which is allowing potentially even more square footage going up on those two or three adjacent properties. Are there ways that we could look at incorporating some things in the zoning that would either give us additional review or oversight on those or ... even do we want to look at restricting the ability to build across, um, lot lines. Um, and the other thing related to the zoning, and really the ... is the issues that we've been having, is there anything more that we haven't looked at, um, in terms of trying to get landlords to, um ... be good landlords, if you will. I mean, we've ... we've got the nuisance calls, we've got things like that. Is there anything else that we can use for leverage in terms of getting them to use more judgment, better judgment in terms of their, um, tenants and trying to keep good houses. I don't know if any of those are possible. And then one last one, totally unrelated, but I just happened to think about as we were, something was said about the trails or something tonight. We had a meeting earlier this winter, and I remember Doug Boothroy was here and the comment was made about our City code requiring property owners to clear the entire width of the sidewalk, even if it's 8 -feet wide. And I think a lot of us sat up here and said, `Whoa, wait a minute!' I would be interested, again if Council is, in having staff look at ... changing that ordinance to require, you know ... the width, or 4 to 5 -feet, whatever is less in terms of, and obviously this has been a very mild winter. Hasn't been a big issue. So it might This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 55 be a good time to do, if we were so inclined, so it was in place for next winter. I won't keep us any longer! Champion: That's all right. That's some good ideas. I like the idea of the sidewalks. I like the idea looking at how we build across state lines ... or city, state lines! (laughter and several talking) That's going to be a giant house, from here to Illinois and Ohio! And I ... I agree, we need to look at some ways. I don't know how you enforce rules for landlords. Many of `em are (both talking) out of town and ... it all depends on who's managing their property. Mims: I don't know if there is, but ... I throw it out. Hayek: Well let's take up the ... the last point first. I feel like this is a quiz show here! (laughter) Uh, the ... the issue of...of snow removal, I mean, are there at least three people who would like staff to at least look at that. Champion: I'd like to look at it! Hayek: Cause that's a stand -alone issue. Mims: Yeah. Hayek: Okay. If you could do that. And then the other issues, uh, I think are good ones, um, do they already fall under the ... the neighborhood stabilization, I mean, are we ... looking at those things? Fruin: Yeah, those'll all be things that we look at. Mims: Okay. Hayek: All right, so let's flag those and come back to them. Mims: Okay. Thank you! Throgmorton: I thought the second one would be a function of property lines. So, and the property lines change once you buy three pieces of property and consider them to be one. Hayek: Right. Mims: Yeah, but ... I don't know how Iowa does it. Other places don't. They're still legally separate pieces of property, aren't they? Champion: They are (both talking) Mims: ... separate legal descriptions. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012. Page 56 Champion: They do, because I can tell you for sure that I've tried to get `em combine my lot with my house, since it's unbuildable, so zoning laws have affected my income too. I no longer can sell that lot or build on it. And that's my argument to developers is that you're, you know, you're cutting into my pocket, but so I've tried to get `em to combine that, and they won't do it. It's a whole separate tax. It's a whole separate description. Dilkes: It probably could be combined, um, through a sub ... a resubdivision process. Yeah (several talking) Mims: Yeah, replat it. Hayek: Well, let's ... let's look at that at the appropriate time. Connie? Champion: I've said enough tonight! So have you! Mims: Move to adjourn .... oh, I'm sorry! Gotta do staff! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 21, 2012.