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HomeMy WebLinkAbout2012-04-03 TranscriptionPage 1 ITEM 2. PROCLAMATION. a) Fair Housing Month — April 2012 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Dee Miller, representing the Fair Housing Ambassadors. (applause) Hayek: Thank you! Thanks so much! Miller: Thank you, Matt! And I have (unable to hear away from mic) Hayek: You know what? If you're going to speak, why don't you grab this and... Miller: Okay! Tracy Wrighten, Matt Olsen, Katie Anthony, and Steve Rackis, and this is the month that we celebrate Fair Housing, and thank you very much for doing this! Hayek: Absolutely! Thanks for your (mumbled) (applause) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 2 ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS — Regina Elementary Hayek: Would the students from Regina Elementary please come forward. Hi, guys, how are ya? Good! I'm Matt Hayek. I'm the Mayor, and this is the City Council sitting behind, uh, you here, and we're really honored to have you, uh, with us tonight, and to help me present these awards, I have Terry Dickens who is not only a graduate of Regina, but a Regina Hall of Famer. So we're in pretty good (laughter). So, we're honored to have you with us tonight and it's just great to have elementary students from around our community, um, get recognized by their teachers and ... and come and tell us a little bit about themselves. So I see you've brought your little pieces of paper, and if you wouldn't mind, uh, just telling us, read ... reading your paper and telling us a little bit about yourself. Abusada: Hello, my name is Nourah Abusada and I am from Regina Elementary. I am proud to do good deeds for community service and for Regina. My family and I participate in Meals on Wheels. We deliver lunches to people who might have disabilities. At school I play percussion and violin. Outside of school I play soccer and softball. At church I serve as an usher or an altar server. I belong to the Elizabeth Seaton Club at school. We do good deeds and get closer to God. We made Valentine placemats and Easter decorations for Oak Knoll residents. In this club I help out a third grade teacher. I want to thank you for letting me be here today and for recognizing what I do for the Iowa City community. Hayek: Thank you very much! (applause) McMillan: Hi, my name is Patrick McMillan. Um, I'm very grateful to be here. Um ... I am in Boy Scouts, Troop 218. Um, I am the librarian and assistant patrol leader for the troop. And I've done over 30 service hours. Um, another thing is that I am the secretary for Regina student council. Um, I am an altar server at St. Patrick's. I participated in the honor band on February 25th. Um, I also ... I work hard and do my best in school to earn good grades. Thanks again for giving me this great opportunity. (applause) Hayek: Well the people up here on the ... on the City Council are ... are leaders of the community, and the two of you are showing yourselves despite your young ages to be leaders in your communities and one of the reasons we like having students, uh, come to ... to see us at these City Council meetings is so that we can recognize what you do, because when you go back to your schools you serve as an example to everyone else in your class about what you can do to improve your community and whether it's council or scouts or ... or Meals on Wheels, all these things you've listed, they're very important and you're learning at a young age to be leaders, and hopefully you'll grow up and ... and continue to be leaders as adults in the community. And we also like to thank your teachers and your parents and everybody who plays a role in ... in your lives, because I know, uh, that has a big, big impact on you. So, I'm going to read this award to you and then, uh, Mr. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 3 Dickens is going to hand you the award on ... I guess on behalf of the Regina Hall of Famers, uh (laughter) and it reads as follows. It's called the Citizenship Award, and it says for his or her outstanding qualities of leadership within Regina Elementary, as well as the community, and for his or 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, April 2012. Terry, would you do the honors? (applause) Okay, thanks, Terry! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 4 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Hayek: This is the opportunity at every ... at each City Council meeting for members of the public to address the Council on items that are not on the agenda. So if there's something you'd like to bring to our attention, please come forward and sign in, and also give us your name, uh, verbally, and we ask that you keep your comments to five minutes or less. (unable to hear person away from mic) Just sign, yeah, right there. Lensing: How do you do that? I'm sorry! (laughter) Hayek: Maybe there's not a pen (both talking) Lensing: There's a map, this maps on here. I'm just wondering if the ... didn't want to mess the map up. Hayek: Michael, just give us your name... Lensing: That's fine. My name is Michael Lensing. I'm here, um, just on behalf of the Iowa City, um, Senior Center. I'm on the Senior Center Commission. We just wanted to let all of you know that all is well and alive at the Senior Center, and it's a wonderful, um, organization and place, lot of members. Um, but we just wanted to highlight, um, the volunteers that do a lot of the instructions and the programs at the Senior Center, and we wanted to welcome you to, um, a retirement reception for Ray Hefner, which is going to be at 9:00 A.M., Monday, April 9th, and he's been an instructor at the Senior Center for 17 years and so you're all welcome to, uh, stop by and have a cup of coffee. I suppose we could put wine out at ... maybe if you guys would let us do that (laughter) ...just joking! Um, at any rate, um, but um, otherwise everything's fine at the Senior Center and um, we appreciate your support and um, and involvement. Thank you very much! Hayek: Thanks, Michael. And Michael, if you're inviting people to have wine at 9:00 in the morning, we should probably talk! (laughter) Champion: Michael, what was that date? (several talking) What was the date? (unable to hear person away from mic) Oh, the 9th at 9:00. That's what confused me! Two numbers the same! (laughter) Hayek: Would anyone else like to address the City Council during community comment? Okay. Going once, going twice! Okay, we'll move on. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 5 ITEM 6. PLANNING AND ZONING MATTERS. a) DESIGNATING 1.25 ACRES OF LAND LOCATED AT 108 MCLEAN STREET AS AN IOWA CITY HISTORIC LANDMARK (REZ12- 00004) 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Howard: Uh, just to let you know that this was approved by the, um, Historic Preservation Commission and the Planning and Zoning Commission. It's supported by the owner and this designation will allow them to have some flexibility in the zoning code, um, to make some modifications, um, to the underlying zoning standards, uh, in order to preserve, um, this historic, uh, building. This is a photo of the building. If you have any questions I'd be happy to answer. Hayek: Any questions for Karen? Okay, thank you. Would anyone from the public like to weigh in on this? And before I close the public hearing, are there any ex parte communications that Council needs to disclose? (several responding) Okay, I'll close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Dobyns: Move first consideration. Karr: Motion to accept correspondence. Champion: So moved. Dickens: Second. Hayek: Uh, motion from Champion, seconded by Dickens. Uh, discussion? All those in favor say aye. Opposed say nay. Motion carries 6 -0. Now, uh, we can take up first consideration. Dobyns: Move ... move, uh, first consideration. Mims: Second. Hayek: Moved by, uh, Dobyns, seconded by Mims. Discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 6 ITEM 6. PLANNING AND ZONING MATTERS. e. CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 9A, GENERAL DEFINITIONS, CHANGING THE DEFINITIONS OF "HOUSEHOLD" AS IT APPLIES IN THE RM- 44, PRM, RNS -20, RM -20, AND CO -1 ZONES. (FIRST CONSIDERATION) Champion: Move first consideration. Dobyns: Second. Hayek: Moved by Champion, seconded by, uh, Dobyns. Um, discussion, um ... we're going to, as we've indicated, uh, through the ... to the representatives of...of at least some of the groups represented here tonight, we're going to allow for, um, public input tonight, um ... what ... what I think I'm going to do is ... is have the public, uh, give input now and then have the Council, uh, deliberate before voting this evening, but I can tell you that we, uh, took the temperature of the Council, if you will, at our work session, uh, about an hour or two ago, and um, although no one is being held to this because they might hear something tonight that will change their opinion on this item, uh, there does appear to be a 5 to 1 majority at present in favor of passage of this item. Um, and so I wanted to convey that because we've had a lot of public input already, um, and there are clearly people here who care about this issue. Um, I'm not trying to discourage you from... from talking to us, but we have had a lot of input. I would also say, uh, a couple of things. I'm going to ask that you limit your comments to three minutes or less, and I would also ask you to please, if you're going to address us, um, give us new information, information we haven't yet heard. That would be helpful to the Council as it decides how to vote on this. So ... uh, with that, um, I would invite members of the audience who are interested to come forward and ... and speak to the Council. I didn't mean to scare off everybody (laughter). Champion: Well, good! Throgmorton: There are unintended consequences. Hayek: Yeah! Yeah! Okay, so uh ... I don't see any takers and so ... I see one taker. (unable to hear person away from mic) This is Item 6.e regarding the household definition. 6.e. And by the way, if you're here and you're interested in the other two, the bedrooms and the parking, those ... those have been ... we've set the public hearing and so your opportunity to address us on those will come at a ... at a ...at the next meeting. Okay. So, going once ... going twice ... okay. So and I'm going to close the public input and open it up for Council, uh, discussion on this item. Dickens: I guess I'd like to explain my reason for not supporting this right now. I ... I didn't like the moratorium and the problem I had with it was that people had bought property in good faith following what the City had put in place for zoning. Uh, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 7 that was my biggest problem. While I don't disagree with all these items, I know we're discussing 6.e right now and ... and I probably would vote for it, but I just didn't like the way that it was done, even though it was done ... you can follow that procedure, but I wanted it to go through the entire process, uh, and go through the proper channels. So that's my big concern. I don't have a problem with a lot of these, the parking (mumbled) during the public hearing, uh ... but that's the reason that I'm voting no, is that I thought the process should have gone through the entire, uh, procedure that it needs to. Hayek: Thank you for those comments. Mims: I'm going to support this, and I think I said this earlier. I ... and to just reiterate a couple things. I think it's important that as we look at this, um, what we ... I think as a council and ... and staff and community input are looking for is really a balance in our neighborhoods, and particularly our near ... hear to the University neighborhoods that are impacted, um, by a large demand for housing from students. This is certainly not in any way, shape, or manner an anti - student, um, vote or ... or motion or change in zoning. It is more about balance. Um, we have had a significant number of 4- and 5- bedroom apartment buildings built in this area close to downtown, near to the University, over the last ... I don't know, 10 to 15 years, whatever Karen told us earlier tonight in terms of when those zoning changes had taken place. I think to continue to allow, uh, that kind of development puts those nearside neighborhoods, um, in a position of...the tipping point where the single- family homes, the ... the long -term owner, residents, are in jeopardy of not having enough balance that they even want to stay in those kinds of neighborhoods. And so that is why I'm supporting this. Not, again, to be anti - student or anti- developer or anything, but to ... but to stop a type of development that I think has gone on, um, to a large enough extent within this area that we need to say, we have enough of it. We can't have any more of it, and maintain any kind of a good balance within those neighborhoods, and so for that reason I will be supporting it. Champion: I guess I already said my peace last meeting. Um, but I totally do support this. I'm not anti - student. I'm not anti- developer. In fact, if it weren't for the students, I wouldn't be here! So I'm totally for the students, but I am ... I think Susan put it very well, I'm ... I'm for balancing, um, all the wonderful things we have going on here because of the University. So I ... but I'm very pro- neighborhood. I always have been, um, so I'm totally going to support it. Hayek: I will, as well. Um, I ... I think this is an ... an important piece of our effort to, um, pursue that Council, um, strategic planning goal of neighborhood stabilization, um, for the reasons that have already been stated. Urn ... and ... and you know, we did this several years ago in the Central Business District, um ... and ... and I think it's something that's appropriate for the neighborhoods near, um, near downtown in the zones that would otherwise allow, uh, for... for the kind of housing, um, and the density levels that ... that we're having problems with. Um, I ... I do want to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 8 make clear that there was a lot of input at the Planning and Zoning, uh, on ... on the other issues, which I will ... will take up in a couple of weeks, and a lot of, uh, input in the, uh, in the process here before us in the last, uh, few weeks. Um, and a lot of correspondence, and ... and uh, people have weighed in. Your voices on both sides of the issue are important, um, and ... and these are not easy issues for councils to decide. There's a lot of pressure, um, and a lot of scrutiny, uh, but I... I know that people have looked at these issues and the one before us in particular, uh, very closely and deliberately and I think people are coming to a... a very considerate, uh, decision, whatever their vote ends up being. Any further discussion on this? Throgmorton: Well, at this point I ... I guess I could say I agree and I'm going to support, um, but ... but I think it's important to, uh, articulate why you choose to vote a certain way, like you all have done, so I'll do that as well. Um, I ... I want to praise the Planning staff for proposing this in other ways of, uh, ameliorating the negative externalities associated with certain kinds of large apartment buildings. For making the older neighborhoods of Iowa City and affordable and... and appealing to a diverse and balanced mix of residents, and for accomplishing the objectives laid out in the Comprehensive and Central District Plans. So what's a negative externality? I bring it up because it's a major economic concept that applies here. It's a cost, a negative externality is a cost born by someone who is not a party to a market transaction between a buyer and a seller. In this case, between an apartment owner and renters of that apartment. So, there are costs that spill over onto other parties, and uh, many speakers have already clearly identified the range of negative externalities they have been forced to bear in the neighborhoods that are involved. I've also read the correspondence and listened to the speakers quite carefully as everybody else had ... has. Despite what some have said, I see nothing in this or the other two ordinances we still will be considering that can be reasonably construed as anti - business or anti- development. We're simply trying to clarify and refine the rules under which the market will operate. Some of the objections would carry more weight with me if I knew that the objectors lived in the Northside neighborhood, or in the College Green neighborhood and hence, had to experience the kinds of negative externalities that neighbors have highlighted. That's not the case though as best I understand it. Some of the objectors claim that the adoption of this and other ordinances will constitute a takings. That's a legal term which Eleanor could, uh, describe better than I could, because the value of their property would, uh, supposedly be reduced. If the beneficial use of their property would be destroyed or nearly destroyed, then I would be persuaded that their claim is valid. But mere diminution reduction in value does not constitute a takings. So I'm not so concerned about that. Uh, that said... although I'm going to support this and vote for it, we should presume that it will produce some unintended or unanticipated consequences. So all of us who live in these neighborhoods should be prepared for that. We don't know what those conse ... consequences are going to be, cause they're not anticipated. We don't know what they're going to be! Uh, so that's enough for me. I'm going to support it. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 9 Dobyns: And I support this because I think the constraints of the redesignation are such that I really think our developers can do very well, um, you know, planning the future vision, um, of these designated areas. I also think it's reasonable to take a look at the future growth, um, of the University, such as it is being planned. I think we've all, uh, also been very sensitive to partnering with the University and having a sense of what their needs will be, as well. Within reason! Hayek: Any further discussion on 6.e? Roll call, please. First consideration passes 5 -1, uh, Council Member Dickens in the negative. Karr: Motion to accept correspondence. Mims: So moved. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Those in favor say aye. Opposed say nay. Motion carries 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 10 ITEM 6. PLANNING AND ZONING MATTERS. k. CONSIDER A RESOLUTION WAIVING THE EXTRATERRITORIAL REVIEW OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY, IOWA. Throgmorton: Move the resolution. Mims: Second. Hayek: Moved by Throgmorton, seconded by Mims. Discussion? Uh, for the public's information this regards, uh, Woodland Ridge Estates, which is a ... a 44 -acre subdivision, uh, located south of Stewart Road and east of Dubuque Street in the Johnson County fringe area. Further discussion? Roll call, please. Item passes 6- 0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 11 ITEM 7. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) The public hearing is open. This, uh, estimated construction cost on this is, uh, $1,665,000 and it will be funded with a roughly $1 million State railroad grant and the remainder with general obligation bonds. Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION APPROVING Dobyns: Move to approve. Mims: Second. Hayek: Motion from, uh, Dobyns, seconded by Mims. Discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 12 ITEM 8. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1sT AVE.) [STP -U- 3715(37)- 70 -52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Estimated construction cost for this is roughly, uh, $5.65 million and will be funded with, uh, federal surface transportation program proceeds, water revenues, wastewater revenues, general obligation bond proceeds, and a contribution from Kirkwood Community College. Any input during the public hearing? Okay, public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION APPROVING Dobyns: Move to approve. Mims: Second. Hayek: Moved by Dobyns, seconded by Mims. Discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 13 ITEM 10. 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 SIDEWALK CAFES AGREEMENTS TO BE APPROVED ADMINISTRATIVELY AND TO DECREASE THE ALLEY SETBACK. (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Champion: I think this is ... is really a good idea because the rules are there and people won't have to wait for City Council (mumbled) approval for their sidewalk cafe. Hayek: Yeah, I agree. Dobyns: I agree. I think this is consistent with streamlining our government process. Very nice! Hayek: Further discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 14 ITEM 12. CONSIDER A RESOLUTION OF INTENT TO BUDGET ANNUAL FUNDING FOR IOWA CITY AREA DEVELOPMENT GROUP FOR THE FIVE FISCAL YEARS 2013 THROUGH 2017 AND FOR ADDITIONAL FUNDING OF THE CO -LAB INITIATIVE. Mims: Move the resolution. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? Throgmorton: Maybe we should break up the rhythm here and stop these yes, yes, yes things for a moment. Uh, wonder if somebody could explain for us what's involved in this. Us being the public, not ... not us on the Council. Is that possible, Tom? Would somebody be able to do that? Markus: Well, this is a contribution for five years at $100,000 per year to fund ICAD, and then there's a, uh, co -lab, uh, part of this as well, which is a, um ... another initiative that still has to go through a few hurdles before that's funded. Throgmorton: And a co -lab would do what? Markus: Well, I think I'm going to ask Jeff to discuss that! (laughter) Davidson: Yeah, the co -lab proposal is, um ... basically ICAD's version of a, what we originally started calling `downtown business incubator' project has now kind of evolved and co -lab is a specific way of doing that with a co- working type space. Um, and their focus, as is ICAD's focus on everything, will be on interstate commerce businesses, businesses that uh, trying to incubate and grow businesses in the downtown setting that will then spin out of the space and create property tax base and jobs in interstate commerce type businesses within our community, and hopefully within Iowa City. I believe, Tom, correct me if I'm wrong, there is funding from other municipalities involved in the co- n ... co-lab initiative. So businesses could be spun out of this space into just more than Iowa City. Throgmorton: Great! Thanks! Markus: University's participating, as well. Throgmorton: Yeah, thanks. So, I ... I'd like to say something about this. I ... I've sat in on at least a couple of the sort of preliminary co -lab activities that ICAD's been conducting so far, and I've talked to a whole bunch of people who were present, and I ... I really like this sense of, uh, interaction and potential, urn ... um, connections that can occur as a result of those kinds of interactions. I think there's a risk it won't work, but I ... I really like the creativity, the innovation associated with it, and ... you know there's always a risk that something like this This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 15 won't work, because it's being tried! Uh, basically for the first time here, so I'm going to support it, and I hope it works really well, and I ... if it does, I'd like to see us extend it to, uh, maybe other parts of the city in diverse kind of ways that we'd have to talk about. Hayek: Thank you, Jim. Markus: I think just so you understand, that by approving this this evening, this doesn't automatically put this in place. There's still some other hurdles, thresholds that have to be passed... Throgmorton: Right. Markus: ...to get to it. Hayek: Yeah, I mean, we've got to reach a ... an arrangement, a structure, etc., that's acceptable to ... to staff... Markus: Right. Hayek: ...before we proceed, but this enables you to do that. Thanks for those comments, Jim. Any other, um, discussion on this? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 16 ITEM 13. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRAIL – PHASE THREE NRT- 3715(649 )-9G -52 PROJECT. Hayek: Um, bids for this were, uh, opened by the Iowa Department of Transportation; um, our engineer's estimate was $531,000, and Public Works recommends awarding the contract to J & L Construction of Washington, Iowa, who came in at just under $489,000. Mims: Move the resolution. Throgmorton: Second. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? Throgmorton: Maybe Rick could explain where this trail's going to run. (laughter) Or Mike! Moran: Rick could too, but uh, this is the Court Hill extension. We called it Phase 3. It'll start at Scott Boulevard, run north of Ralston Creek. It'll have a bridge connection to the dog park, and then another bridge connection into Cumberland Avenue, and then connect into trails at Windsor Ridge. And this is a federal trail's grant. It was misidentified. It said it was going to be GO bonds, but this is an 80/20 split between a federal trail's grant and then they'll pay 80% and the City'll pick up 20% of the cost. Hayek: And what do we use to pick up our 20 %? Moran: GO bonds. Hayek: GO bonds, okay. Dobyns: This is a 12- foot ... trail? Moran: Ten foot. Dobyns: Ten. Throgmorton: Will there be a grand opening at which Council Members could bike? (laughter) Moran: Absolutely! (laughter) I'll let you know! Hayek: You gotta bike over there to start it! (laughter) Thanks, Mike! Discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 17 ITEM 14. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT. Champion: Move the resolution. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Um, discussion? The engineer's estimate on this was $39.7 million. Uh, we got, uh ... six bids, one of which was retracted due to some errors in bidding, and the other, um ... looks like five? Yeah. Uh, were ... were considered and, uh, looks like, uh, Joseph J. Henderson & Son of Gurnee is the recommended, uh, contractor for this, and they came in at, uh, $43,878,000. Discussion? Throgmorton: Matt, do I understand correctly that this project basically involves expanding the ...the south treatment plant, uh, so that it would be capable of accommodating, uh, what will disappear when we get rid of the north treatment plant? Fosse: That's correct! Yes. Throgmorton: Is there anything else that we should really be conscious of? Fosse: Well, it also provides some opportunity for growth over the next 15 years and... and hopefully will posture us to ... to better deal with future water quality regulations that the EPA may release. Throgmorton: Thanks. Hayek: Rick, uh, if you've got the numbers in front of you, $44 million's a lot of money. Can you outline where we've tracked down funding ... to date? Fosse: Yes! Yes, we've got, uh, $22 million from the Economic Development Agency, EDA. Uh, we have $5 million from Community Development Block Grants. Throgmorton: Five million? Fosse: Yes. Hayek: And those are two federal agencies. Fosse: Two federal agencies. Uh, we have approximately, uh, somewhere between $5.5 and $12 million from I -Jobs, and that exact amount won't be known until near the end of the project, depending on how that whole I -Jobs program goes. And, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 18 um ... we also have about $13.6 million from the local option sales tax, going into this project. Hayek: Okay. Thank you. Fosse: Uh -huh. Hayek: Any other questions for ... Rick? Champion: How long will this take, Rick? When ... when is the schedule for moving, getting rid of that old place? The dump. Fosse: Well, the ... the uh, completion date in this project is ... is April of 2014. Champion: Okay. Fosse: And if you recall from our ... our capital budget process, uh, the ... the project for removing the old plant is still in the unfunded category. So we need to round up money for that. That's going to be in the $4 to $5 million range. Champion: Good. I'll be anxious to see that happen. Hayek: Yep. Thanks, Rick. Fosse: Thank you. Hayek: It's a big project! Champion: Uh -huh. Hayek: We've been talking about this for quite a while! Further discussion on this? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 19 ITEM 15. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 12 -100 WHICH INCLUDED APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID PLAN, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Mims: Move the resolution. Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? Just for the public's information, this was ... this project has been removed so that we can time the work being done on, um, Highway 6 and Lower Muscatine to have less of an impact on... on the businesses and... and neighbors in that area. But the project will be re -bid at a later date. Discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 20 ITEM 16. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. Hayek: Is there a motion on that? Dobyns: Move the resolution. Dickens: Second. Hayek: Moved by Dobyns, seconded by Dickens. Discussion? Um, engineer's estimate was a little over $290,000, uh, Public Works recommends awarding the contract to Vieth Construction out of Cedar Falls. Uh, they came in at, uh, a little over $273,000. Discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 21 ITEM 21. CONSIDER A RESOLUTION DEDICATING BLACKHAWK MINIPARK IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT -OF- WAY. Mims: Move the resolution. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Throgmorton: Uh, why do we need to do this? Hayek: Tom or Rick or... Dobyns: And where is this place? Champion: You don't know where the Blackhawk Minipark is? Dobyns: It's a rhetorical question. Champion: Oh! (laughter) Cause the Blackhawk is gone. Hayek: Jeff! Davidson: Yes, uh, good evening, Mr. Mayor and Members of the City Council, I am Jeff Davidson, Director of Planning and Community Development for the City and here you see an image showing the location of Blackhawk Minipark. Uh, this is basically been incorporated as a portion of City Plaza; however, because it was established differently than City Plaza, uh, this came up for discussion, uh, during the item which will be next on your agenda, which is the redevelopment of the 114 S. Dubuque Street, um, project. Just to orient you here, although this is labeled South Dubuque Street this is actually a portion of the pedestrian mall, Washington Street is up here, the Paul -Helen Building, 207 E. Washington is here. Um ... and ... and you can see the Blackhawk Minipark, former location of a, uh, private building, came down during urban renewal in the 70s, was initially intended to be a redevelopment parcel, uh, never was redeveloped. A decision was made by the City Council to incorporate it into the remainder of the, uh, pedestrian plaza. That enabled the Paul -Helen Building to establish openings... all the openings that are on this side of the building were never there prior to that determination by Council that this would be, uh, part of City Plaza, and I believe that was in the 90s that that occurred. Uh, there will be similar considerations with the building that's next on your agenda with openings on this side of the building, and so decision was made, uh, between the Housing and Inspection Services department, which will evaluate the specific plan for the new building, and the City Attorney's office, that this action that's on your agenda should take This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 22 place to basically certify that this is, uh, public right -of -way, as is the rest of City Plaza that was formerly street area. Dobyns: And, Jeff, in the later item we'll be voting on the 114 section, but if that should be approved, where would construction ... would construction take up any of this? Davidson: It is likely that a portion, not the entire park, but a portion of Blackhawk Minipark, uh, that it will be worked out with the developer for a construction lay - down area for the duration of the project. It would have construction fence around it. You know, we're hoping to have... if... if Council approves the action on your agenda tonight, we're hoping to have kind of an event basically for a year of watching this building go up, and um, having openings in the construction fence and that kind of thing, but when the project is completed, the park will be put back to ... the developer has indicated at least what it was before, and if the City desired to make any changes, any improvements, that would be the time to do it, but it will be at least be put back to the condition it is in currently. Throgmorton: I ... I'd like to ask a question, Jeff, that uh, really is ... well, for the benefit of people in the audience or are watching on television. Can you tell us a little bit about Blackhawk Minipark, why it has that name? Davidson: Well, for us old timers, um, when ... when the building was taken out, and this was a blank wall, there was a mural, gigantic mural of Blackhawk, Chief Blackhawk, painted on the side of the ... the, and it was kind of an M.C. Escher kind of thing where it sort of evolved from one figure at the base to another at the top. (several talking) And that ... and that became ... well, Terry, you've been looking at it out your window for how many years so (laughter) um, and then it... it gradually, you know, it was ... it was intended to be a temporary mural, of course, and then it gradually kind of just decayed into nothingness but it ... that's the history as far as I know. Throgmorton: I ask because, um, you know, you've been here longer than I have, and Lord knows Connie's been here longer than I have (laughter) but ... but I was here when that, when Blackhawk was up on the side of the building, and uh, I heard stories about how controversial, uh, urban renewal was in Iowa City, and uh, I guess in the 80s, cause it came here later than in other parts of the country, um, and ... and how some of the struggles, uh, were sort of expressed at the Blackhawk Minipark and the fact that Blackhawk was up there as a mural was a consequence of that, and I'm kind of hoping that, um, there will be some way of honoring that history, that conflict over urban renewal, uh, as a part of what we're going to be voting on here shortly. Hayek: Okay, thanks, Jeff. Further discussion on Item 21? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 23 ITEM 22. CONSIDER A RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND CENTRAL PARK, LLC. Mims: Move the resolution. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? Davidson: Uh, the Mayor asked me just to very briefly, uh, describe the project. Here you see in this image the existing, uh, 114 S. Dubuque Street property. The proposed 114 S. Dubuque Street, uh, building. It is, uh, a project that's being proposed by Central Park, LLC, developer Mark B. Moen. Uh, it'll be 14 -story mixed use building specifically retail at the first floor, uh, retail or office on the second floor, and two additional office floors, uh, floors five through twelve will be, uh, three one - bedroom apartments on each floor, some of these units will meet our price points for what the City has determined to be for workforce housing, and then two luxury penthouse units on the top floor. Uh, the City is being asked to participate, uh, through a TIF agreement in the amount of $2.5 million in order to complete the project. Um, this project is our first one which has been evaluated according to the Economic Development process and policies that the City Council adopted for, uh, requests for financial assistance and we can answer any questions about those, uh, that ... that process that you would like. It is recommended for approval by the Economic Development Committee and ... and obviously by staff. One thing that you requested in your work session, which I am now going to try and bring up, and Jerry is going to help me if I ... look at this. How `bout this! Okay, this is the shade study, which was prepared, and there are three scenarios here. For example, the one that we see here is the ... is the sun as it is in April or August, uh, I assume that's April 21st or August 21St, starting at 6:00 A.M. and just to orient you, here's the proposed 114 Dubuque Street property, and then significantly I want you to also watch, this is the Paul -Helen Building and this is the existing Jefferson Building. Okay? And as you can see, it's 6:00 A.M., the pedestrian mall is completely shaded here, and then as we proceed, and remember, this is April- August scenario. You can see sunlight starting to peek through the alley here. And some of the other openings. And ... and right here is the shadow cast by the 114 S. Dubuque Street building. And significantly, I want you to also watch the shadow patterns ... you can see the Paul -Helen Building shadow right here, very significant. And then I'll just click through this and watch those shadows, okay? And we come to 1:00...1:00 P.M. and it's pretty much all in sunlight at 1:00 P.M., but you can see the shadow from the Jefferson Building starting, and then as the afternoon goes, you can see that Jefferson Building shadow, uh, encroaching quite a bit. Um ... then let's go to ... here's May, uh, and July so the sun would be higher during this time. Again, 6:00 A.M., completely in shadow. Sunlight starts to peek through a little earlier as you can see. Here's the shadow from the 114 S. Dubuque Street proposed building. Uh, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 24 and then I'll just click through these and you can see, and it's a period of about two and a half hours. If you pick a single point, okay, right... let's... let's take this area, this bench area here. It starts to go into shadow at 9:00 A.M. and then as you click through, it's in sunlight by noon. So about two to three hours roughly for this, and I think the significant thing here, there's one more scenario which is ... see, oh, this ... this would be when the sun was at its highest in ... in June. (mumbled) I guess that's what, summer solstice, I guess? And then clicking through it again, and you can see, a narrowed down shadow, and you can see it's ... it's actually, the sun's so high in the sky that there's really not that much shadow cast by it in the middle of summer, and you can see how that goes. So anyway, that's the shadow study. The developer has provided this for us to give you some notion, and I think the significant thing as I noticed it, I mean, take a look at this 6:00 P.M. shadow cast by the Jefferson Building, I mean, it's ... the Paul -Helen Building and the Jefferson Building are really much more significant in terms of shadowing the pedestrian mall than the new building will be. Throgmorton: I've heard a (both talking) I've heard about 5:00 o'clock shadows before, Jeff (laughter) Davidson: Any questions about any aspect of the project or the, uh, the shadow study? I believe the developer is ... yes, the developer is present if you have any questions. Throgmorton: Thanks for showing that to us. Dobyns: Jeff, I was wondering, normally a ... a TIF, uh, assistance is realized I guess after the development, you know, through, urn ... just the decreased property taxes. We evaluate that at the former. And it sounds like the assistance is at the front end of the project. Davidson: That's correct (both talking) Dobyns: ... in this case. (both talking) different than your classic TIF? Davidson: Yeah, our ... our process and policies indicate that the City's preference is always to do a rebate type arrangement with TIF. That is always our preference, and with some of our industrial projects that we've had, that's how we've handled those. In fact our first nine projects were all handled that way. Beginning with the Plaza Towers project, a different animal from our previous projects, uh, the request was made and ... and basically the ... the case made for upfront funding in the form of basically construction loan which is then used to leverage the additional private financing from financial institutions, and the developer's been very upfront about saying that that's one of the uses for the City's assistance, which is then repaid. We essentially repay ourselves with the TIF increment. Dobyns: So this isn't double - dipping? Um, they're not getting something at the front end but also something after it's done. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 25 Davidson: No, we're repaying ourselves back with this project. Dobyns: Right. Davidson: Any other questions? Thank you. Throgmorton: Oh, I'm sorry ... uh, is that the end of questions... Hayek: No, no, we're ... it's still open for our discussion. Throgmorton: Yeah, I'm sorry, Jeff, I think there are questions I'd like to ask, um ... was so enthralled with the shadow analysis that I ... found myself drifting off into some other land here. So, I think I mentioned some questions to you in our work session, so I'd like to, um, turn to them, and maybe Eleanor will have to respond to some of this, as well. Uh, the first question's really pretty straightforward. Maybe Marc can help out with this too. Why can't this project be completely, uh, completed entirely with private financing? Davidson: I think that would be a better question for the developer. Moen: My name is Marc Moen. I live at 221 E. College Street, #1301. Um, it's a combination of things, uh ... one is that the construction costs on this particular project are quite high because of the tightness, the smallness of the site. An infill development, uh, of this nature, the quality of the building, the architectural design. It's the same glass curtain wall system that we used at Plaza Towers. It's probably the best curtain wall system made. Um, so when you go through the numbers, and we did a ... we did an analysis and the City had, uh, was involved in that, as to ... what ... what kind of money could be ... if you put equity in and borrow money, what would the project support and ....and it ... you know, using market rents and trying to get, we're trying to get units in here that would be more available to entry -level condo buyers. Um, there's a gap of $2.5 million and if you tried to finance it all yourself, you would lose money. So, it's ... it's a ... there's a minimum assessment agreement attached to the, uh, TIF request and the amount of tax revenue that would be generated, above what's already generated by this site would be sufficient to pay back the bond issue, but if you tried to finance ... it's like Plaza Towers, I mean, if we had to carry an additional $6 million in debt on that building, which was what the City contributed. It couldn't be built, not by me or anyone else. It's not possible, in my opinion. Throgmorton: Let me follow up on that, Marc. Um, in your experience as a developer, uh, when you look at that site and ask yourself what ... what could somebody build without private, uh without public support? What would that be likely to be? I mean, what ... what might one see there replacing the existing Wells Fargo building? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 26 Moen: Well, let me give you an example. The first floor of this building, floor do... floor height is 18 -feet. You know, you ... you wouldn't have to do that, obviously, to meet code. So you'd build a typical building that you see in Iowa City that would be 10 or 12 -feet at the main level, and then wood frame above that, pitched roof, you know, um ... this will all be steel and poured -in -place concrete. Um ... and you'd have, you know, student housing essentially. You certainly wouldn't attract buyers to buy, uh, with that type of construction. So, um, as with all of our buildings, the quality is, you know, top notch and ... you could, you know, if we ... if we weren't able to do the building that we've proposed, we would be ... either sell it to another developer who would... it's... it's just not what I do and so I don't think I'd probably build student housing but somebody would love to build student housing on this site. Throgmorton: Uh -huh. Yeah, thanks. Moen: And I think would be ... would be successful. It would not generate... we're talking about tax revenues initially of somewhere in the $20,000 a month range. Right now this building pays $2,000 a month. With a student housing project it, you know, would be ... I don't know what, but something... nothing near $20,000 a month. Throgmorton: Yeah, okay. Good. You know, I ... I could keep asking some questions but I don't want to be really rude here, so if somebody wants to hop in, please do. Hayek: Go ahead, Jim. Throgmorton: Yeah, so, uh, Marc, I think maybe the next question I should let Jeff answer first and then maybe you want to hop in as well but, um, there's an alternative, maybe a five, six -story building or whatever with, uh, various kinds of student or other kind of housing, and a first floor which is just kind of a very conventional kind of retail... retail space, okay? And you're proposing something different. So then the question becomes what ... what are the major public benefits associated with the ... the building that Marc is, uh, proposing? Davidson: Yes, part of our analysis, Jim, of .. according to the process and policies that the City Council has adopted is a evaluation of community objectives, and in this case specifically for downtown, downtown objectives, and this building accomplishes a couple of things specifically that we are trying, uh, to create more of in the downtown. One is Class A office space, and Mr. Moen may want to elaborate on exactly what that Class A definition includes but there is certainly office space, uh, that is available for lease, not a ton of it but ... but some that is available for lease, but there is a real dearth of Class A type office space, and what that... establishment of that does, um, enables us to attract people to this community to look at the downtown and look at space that otherwise would not be attracted to come here and ... and do so, cause there's nothing to look at, and so we do feel that that's a very specific objective and what we're trying to do, of course, is create This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 27 higher paying jobs, uh, and ... and jobs that will bring permanent residents to the community that will buy homes and have their children in the school system. So there's a real spin -off benefit to those office types of jobs and we're getting three floors of office that the developer is not otherwise required to put in the building. Um, the second thing that we're trying to create is non - student housing and Marc has indicated that we're really trying to introduce into downtown, I believe he used the term `entry level condo buyers.' Uh, you heard me use the term workforce housing. The, both... some of these will be available for lease, some for rent. The price points in both instances meet our workforce housing definition and again, we're trying to attract the middle- income type, uh, residential market to downtown. We absolutely feel it can be successful, but there is a risk involved with the earlier projects. We need to be able to show that it will be successful, and we believe this project will do that. Throgmorton: Uh, great! Um, maybe ... maybe one other question. But this'll be, I think, for Eleanor, um, during the work session, Eleanor, I asked you a couple questions about, uh, relating to an email I'd received from, uh, a friend in town, uh, concerning, um, his worry basically that, uh, this proposed project is inconsistent with urban, the urban renewal code of the State... of State law. Could you kind of, um, go through that for us, or do I need to... Dilkes: No, I can ... I can go through it. Um, I looked at both the sections that he had cited in his email. Um, one that required that certain representations be made in the urban renewal plan, um, with respect to housing, uh, does not apply in this situation. It only applies if the City were acquiring property, which we're not. Uh, and then the second code section that he referenced, uh, which would require, um... certain low- income housing, uh, commitments is not applicable because this ... this is a urban renewal area that's based on a blight designation. It's our original urban renewal area as opposed... opposed to an economic development area. Dobyns: But I think it's remarkable to note that the City of Iowa City (mumbled) Mr. Moen in a previous, similar development is that the TIF was slated to go for 20 years and it's remarkable to note that it went for 8 years, I believe, Jeff, um, which I think is important to consider, um... Champion: I have a curious question. I just want to know how big the apartments are going to be. (laughter) You said one - bedroom? Moen: Yeah, the uh... Champion: Will they be like Vogel House or would they be... Moen: No, they'll be a little larger. The smaller... there'll be two smaller units per floor of about 662 square feet each. The Vogel apartments are studios and these will be true one - bedroom. And there's one apartment per floor that's 1,039 square feet. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 28 Uh, the two penthouses are roughly 2,000 square feet each, and they're on two levels with two -story volume of space within them. Champion: I'm just curious. Thanks! Dobyns: Looking to move up in the world, Connie? Champion: Oh, I want to move up longer... taller than that! (laughter) I ... I need like five bedrooms. I don't think they're allowed to build `em! (laughter) Throgmorton: One ... one of the topics we discussed during our work session, uh, I think, Marc, you were not present when we did that, concerned ... oh ... how we can be sure that, uh, basically our ... our loan will be paid back, and I know there's... there's extensive, uh, text in ... in the documents that ... that we've been asked to look at that the detail of that. Could you speak to that a little bit, Marc, help us understand how that would work. Moen: Yeah, and Eleanor, correct me if I'm wrong on this, but I, there's a minimum assessment agreement that will generate sufficient taxes to cover what has been I think conservatively predicted to be the cost of the money that the City would contribute if this passes. Um, there's an additional minimum assessment on the grocery store component at Plaza Towers, just sort of as a safety net and that's my opinion, and that's, you know, what it's there for. We did the same thing with Plaza Towers, where we put an additional minimum assessment on Vogel House. Um... and then I believe there's a clause in the agreement that if for any reason the ... there's a shortfall, any particular year on the amount of money that's predicted, that we ... that the developer guarantees that that will be made up. So I mean ... you know, it's ... it's a ... it's ... you know, the property has a minimum assessment that should generate those taxes. If it falls short, we're required to... to make up that additional amount. Throgmorton: Thanks. Mims: Tom, I think ... I don't know if, Eleanor, you ... the difference between the 2.7 million in general obligation bonds and the 2.5 million to the developer... Markus: If I recall I think it's capitalizing the interest. Mims: Capitalizing the interest okay. That's what I assumed. Okay. Thank you. Champion: Thank you, Marc, for doing this great building. I'm really going to love it! Throgmorton: I ... I'd like to ask my fellow Council Members a question here, um. ... I ... I think I know how I'm going to vote but I just want to see what you think. Do you ... do you think the benefits coming from this project are worth the risks and work ...worth the upfront, um, loan? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 29 Mims: Yes. Champion: Yes. Mims: If I didn't I wouldn't support it, and I will support it. Champion: I wouldn't either, and I think the Plaza Towers is a perfect example of this, because we were getting desperate on how we were going to staff that new fire station and ... went off the TIF and we were able to staff a new fire station with the taxes from Plaza Towers, so it's ... in the short-term it seems like a sacrifice. In the long -term it's a real benefit to the city. I mean, a cheap little, small building could be built there but it wouldn't generate the taxes that this is going to generate. And, really, the Plaza Center staff the fire station, it really did! Dickens: I think it's a great opportunity with the, uh, office space. It's very important, and we hear all the time that that's one of the biggest areas of shortages in the downtown area is the ... the office spaces, and then having retail on the main floor, if it truly is retail, that's what we really want it to be. I think it'll be a great asset for the area. Having worked across the street, catty -corner from it for the last 35 or 40 years, it'll be really nice to look at! (laughter) Dobyns: My sense, Jim, is that the four Council Members between us had a tougher vote years ago when they had to vote for, um, Mr. Moen's previous work, but this... that was a great demonstration project. Um, so demonstrated, and I think for your, at least for myself, it's an easier vote than I think it probably was for them, you know, years ago. No, I can't say that for a fourth and a fifth and sixth tower (laughter) I mean ... but you know for this, uh, (mumbled) Mims: Yeah, I think the combination of the office space and the additional non - student oriented housing, right downtown, I think is ... is a real asset for downtown. Hayek: Um, let me make some comments that I jotted down cause I think they go to your ...your question a ... a bit, Jim. Um, I ... I'm supportive of this. I'm on the Economic Development Committee, which ... which took a look at this and recommended it to the City Council. Um, it is important to note that as they say about investments past performance is not necessarily an indication of future performance, and so we should be careful not to tie the experience of Plaza to this too much because they're... they're separate projects. Um, I mean, we do have, uh, you know, a degree of experience with the applicant, which ... which I think informs our decision. Um, but it's important for us to draw the distinction. Um, I ... I think there are two ... two things I would want to comment on. One is that, um, there is risk to the City in undertaking this project and ... and we need to acknowledge that and ... and we did do that at our ... at our work session earlier today. There are ... there are protections, uh, to the City embedded in this agreement, but ... but not nec ... but not an absolute guarantee of...of repayment to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 30 the City. Um, and we need to be cognizant of that going forward, and I believe we are and that's ... this approach is consistent with the decision we made recently through our Economic Development Committee, um, to recognize changing trends in, uh, within the development industry, uh, regarding backend rebates versus frontend participation, um ... and ... and so this is consistent with that. It's consistent with what we've decided, uh, to do in terms of taking on more risk as a city to encourage, uh, private development. Um, we're not going to be able to do this with all projects, I mean, nor should we. Um, but ... but we're going to do so, uh, on ... on this, assuming it passes tonight. The second comment is I simply want to commend staff and the City Council for the role everyone has played on this. Um ... you look back, this TIF project has been vetted on three ... at three separate public events, the Economic Development Committee meeting, uh, a few weeks ago; um, and our work session earlier today; and then... and then this formal meeting tonight. That's three separate times in the public sphere where we are taking up this issue. Um, all three events had ... had media scrutiny. I think that's important when you're dealing with public assets of...of this nature. Um, and ... and our staff have been heavily involved in this, whether it's the City Manager's team or Economic Development team, or our Finance department, or our Legal team, or the other departments that have been involved, a lot of analysis, uh, financial and otherwise. Um, and we have followed a clearly delineated criteria that we ... that is now on the books, um, that we demand of ourselves to vet these proposals to, uh, satisfy ourselves as to the level of risk and whether the project's appropriate for ... for public support. So, um, you know, that has led us to where we are now, um, I'm satisfied with that process, um, I think we're seeing that this ... this tightened criteria, um, that are well defined, um, are ... are being utilized appropriately by us and ... and so we ran this through the... the gamut and um, we're at a point where staff is recommending this and I ... I'm supportive of it. So... Throgmorton: Well, I ... I guess I should say something as well. Um, in the 26 years I've lived here, I've spent a lot of time downtown. Anybody who knows me knows I walk around there all the time. I know the ped mall, it seems ... feels like I know it inside out. And that may literally be true! (laughter) Um, and I ... I've recently walked around it a lot, asking myself what would it look like to have, well, we can't see the building so well now, to have the building that's being proposed there, and you know, my first reaction was, wow, that thing's going to be pretty big! It's going to be, uh, make a pretty striking statement about the downtown, and I've talked to a lot of people about it and a lot of people, you know, many friends have said, I don't like it! I don't like the design of, uh, Plaza Towers, uh, I don't like the idea of giving money to a wealthy developer. I don't like this, I don't like the shadow effect it's going to have. I don't like this, I don't like that. And other people have told me how much they would like it. Uh, so ... when I think about it, I see that it's going to make a striking transformation to the downtown, and then I ask myself, is there good reason to believe that that striking transformation will elevate the quality of the downtown, and I'd say, based on the experience with Plaza Towers especially, the answer would be yes! And ... and This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 31 uh, I ... I think the ... the addition of what Jeff's called workforce housing, uh, is a good thing for downtown. Probably the addition of Class A office space is a good thing. To be honest, I don't know about the two luxury units on the top. If there's any one thing I'd chop off, it'd probably be that. Um, but I'm not going to chop it off. So I'm going to vote for it. Hayek: Further discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 32 ITEM 25. CONSIDER A RESOLUTION RATIFYING THE PARTIAL SETTLEMENT OF PENDING LITIGATION. Mims: Move the resolution. Dickens: Second. Hayek: Moved by Mims, seconded by, uh ... Dickens. I can...I'm going to mention the parties (mumbled). Yeah, it's public. Wanted to confirm before I blab (laughter) This has to do with the enterprise software, uh, contract situation the City has been involved with, the lawsuit. Uh, the City's been involved with, and it involves a settlement with Harris Computer Systems, Inc., one of the defendants in that case. And the settlement is for $30,000. Uh, discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012. Page 33 ITEM 29. CITY COUNCIL INFORMATION. Hayek: Jim, why don't we start down with you. Throgmorton: Uh, okay. Uh, well, I ... I guess I want to mention a couple of three thins and I'll be very brief. Um, as I indicated in the work ... work session, on May 51 with the support of the City staff, I'm going to be guiding a Jane Jacobs Walk from the pedestrian mall down Clinton Street, back up, uh, Linn and Gilbert Streets, uh, and uh, there'll be more information coming out about that. Also I ... I had the honor, the pleasure of seeing an advanced screening of a documentary concerning the City of Literature. Uh, and it's pretty darn good. It, uh, it's very enlightening, and I think interesting and ... and fun to watch. So it ... it'll be available pretty soon, I don't know exactly when the, uh, director I guess of the documentary's putting final touches on it now. So keep your eyes open for it. Hayek: Connie. Champion: I really hate to see spring end. It has been, the trees have been so beautiful this spring and all the flowering bushes in Iowa City, it's just been absolutely gorgeous. I just hate to see it end! Mims: Hopefully it won't too soon! Champion: They're starting to get leaves instead of flowers now. Mims: Nothing! Dobyns: I would like to thank, uh, Council Member Dickens for having his paper materials next to me, as I work my, uh, computer for the first time! Connie! I didn't have to reach for it at all! (laughter) But it was there, it was there for me. Thank you! Hayek: Um... Champion: You're to be commended! (laughter) Hayek: This may have come up before, are ... are, with the neighborhood stabilization and, you know we've taken up some... some initial items. Are we going to have a... a work session at some point to go over that sort of in more general fashion? Markus: That's the intent. Hayek: Okay. So that's one. The second thing is, I want to wish my daughter, Greta, a happy birthday. It's her fifth birthday today (several talking) and honey, if you're awake watching this, you need to get to bed! (laughter) Dobyns: Can we sing happy birthday after the cameras go off? (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 3, 2012.