HomeMy WebLinkAbout2012-04-03 TranscriptionApril 3, 2012 Iowa City City Council Work Session
Council Present: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton
Council Absent: Payne
Staff Present: Markus, Bentley, Miklo, Fosse, Fruin, O'Brien, Howard, Davidson,
Dilkes, Jennings, Goodman, Havel, Karr, Andrew, O'Malley, Moran
Others Present: Graham, UISG
Council Appointments:
Page I
Hayek/ Welcome, everyone! Uh, Michelle is home sick with the flu, and uh (several talking) I
know! And uh, won't be at the work session and probably won't be at the formal. She's
going to play it by ear. So ... uh, the first item is Council appointments. Appears we just
have one for, uh, Planning and Zoning.
Champion/ And it's Phoebe Martin!
Hayek/ Phoebe Martin.
Dobyns/ Has she applied before?
Champion/ Yes.
Mims/ Yes.
Champion/ But there was a gender inequity.
Dobyns/ Okay.
Champion/ But now there isn't (several talking)
Hayek/ I think there was a (mumbled)
Champion/ Oh, yeah, one time but... first time it was gender.
Dobyns/ (several talking) ... geographic requirement as well as gender?
Champion/ No! We just made one up.
Throgmorton/ She appears to have quite a useful background and a lot of experience in the city.
Champion/ She's really cute! (laughter)
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Hayek/ (several talking) ...support for, uh, Phoebe Martin? (several talking) Okay I'll (several
talking) Okay! Uh, that brings us to Planning and Zoning items.
Planning and Zoning Items:
ITEM 6a DESIGNATING 1.25 -ACRES OF LAND LOCATED AT 108 MCLEAN
STREET AS AN IOWA CITY HISTORIC LANDMARK (REZ12- 00004)
Davidson/ Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson,
Director of Planning. I thought I would just quickly go through the couple of new items,
uh, that you have this evening and then let you devote your attention to the zoning code,
uh, item, and Bob and Karen are here to talk about that. Uh, the first item is a request
from the owner of 108 Mclean Street to have a designated, or local, historic landmark.
This is the former St. Thomas Moore parish house. You see the location here, and there
is the structure, uh, we talked at length about this at the last meeting. Uh, this is a, uh,
separate request from the owner, um, to have it declared a local historic landmark. It
is ... it is, uh, requested, excuse me, it is recommended for approval by both the Historic
Preservation Commission and the Planning and Zoning Commission, uh, the ... the
principle purpose is to allow flexibility in zoning...
Dilkes/ I'm sorry! Jeff, this is 6a, which we're going to talk about only at the formal.
Davidson/ Oh, is that right?
Dilkes/ Yeah.
ITEM 6i CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT
OF THE PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY,
IOWA. (SUB11- 00017)
ITEM 6j CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT
OF THE PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA.
(SUB12- 00001)
ITEM Q CONSIDER A RESOLUTION WAIVING THE EXTRATERRITORIAL
REVIEW OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY,
IOWA.
Davidson/ I didn't realize it was considered a rezoning item. Okay. We'll wait til the formal
meeting on that. Uh ... the next items are two plats, uh, for the Peninsula. Uh ... we did
talk about this when we were considering the revision of the development plan, uh, at the
last meeting. Uh, you have two preliminary plats. You see at the top of the page, uh,
Phase 5, which was formerly a portion of, uh, Phase 1, and then at the bottom of the page,
uh, are Phases 3 and 4. Uh, here's Phases 3 and 4. Uh, which you can see, uh, the
principle things to bring to your attention about this was the ... the principle change is in
this area right here. Uh, which would now have, uh, several 12- or 18...
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Dobyns/ Excuse me, Jeff. Which ... which on the schedule is this? Which... Planning and
Zoning ... is this 6 or...
Dilkes/ This is i ... 6.i.
Dobyns/ 61. Thank you.
Davidson/ Yes!
Dobyns/ Sorry!
Hayek/ Just wait til we all get iPads. (mumbled) ...trouble we have!
Davidson/ Yeah, I'm in the last meeting's staff report here so ... 6.i and 6, uh, j...6 j are the two
plats.
Dobyns/ Thank you.
Davidson/ Um, as I was saying then, in this area would now be a, uh, several larger buildings,
either 12- or 18, uh, units. They will not be able to have, uh, all 18 unit buildings,
because as you recall, we have a limit of 410 units, which can't be exceeded, and they are
trying to get the plan up to that number, but they will not be allowed to exceed that
number, and if they were to do all 18 unit buildings, it would exceed that number. So it'll
be a mix of 12's and 18's. And then the ... the other thing, Foster Road is now located up
the hill further, uh, gets into the slope to a lesser degree than the, uh, former plan did.
The remainder of the project will then be the mix of single - family and townhouse units
that you see out there already. Um, the other thing to note is a street right here, which
will be stubbed at the property line and allow for the possible redevelopment, and that
could either be for residential units or as open space, uh, but would allow public access to
that, uh, should the golf holes go away. You'll recall these two golf holes are on City -
owned property, and they can remain in control of the Elks Club for as long as they are
golf holes. They will revert back to the City, uh, once they are no longer golf holes, and
we ... and we know of no...no plans by the Elks at this time for them not to be golf holes,
but we're ... we're obviously planning for the future, and that's why the reason to, uh, stub
the street there ... I don't think ... excuse me. I don't think there was anything else ... yeah,
that was everything with that. Part 5 then...
Throgmorton/ Jeff, can I ask you a question...
Davidson/ Yes, Jim.
Throgmorton/ ...pertaining to that. Um, uh ... the Peninsula neighborhood is taking on a
distinctive ambiance, and it's clearly a unique neighborhood, the way it is now. And, uh,
I don't have any principled object... objections to this, uh, but I do know that, uh, having
a row of apartment buildings there will be different from what was originally intended,
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and I wonder if.. if you have any kind of, um, lurking concerns about the, uh, potential
effects of...of the apartment buildings on that ambiance ... on that character of...of...
Davidson/ Yeah, we shared exactly those same concerns, Jim, and discussed those with the
developer, and they will be required to vary the fagade of the individual buildings so that
it doesn't appear to be a gigantic apartment complex. Um, they are proposed to be ... I'll
use the term `higher end units.' I think they ... similar to the Elk Run Condos, which are
before you get to this development, as you come in. That development is just about sold
out, and I think these are intended to ... to be in that same price range. So they ... I'm
sorry, I did not bring the elevation drawings which you might have recalled from the last
meetings...
Throgmorton/ Right.
Davidson/ ...but they ... they're nicely architecturally detailed units. They will not be all the
same, and we did try and preserve, Jim, some of the characteristics that ... we formerly
had a single - loaded street here, with views, h, that then overlooked the area, uh, to the
south, and we've tried to preserve that as much as possible. There are some pedestrian
courtyards which you see in this ... in these areas, that will have that very much same, uh,
vista effect and a... and allow for the views off there. So we tried to preserve as much of
what was there, uh, as possible, um, and ... and vary the architecturally ... architectural
detailing to get at exactly the issue you're concerned with.
Throgmorton/ Thanks!
Davidson/ We ... we think it will fit in well with the rest of the development. Any other questions
about parts 3 and 4? Uh, part 5, then which as I mentioned was formerly part of part 1,
uh, the significant things here — this is basically a conversion of what was formerly, uh, 7
single - family lots to two single - family lots, 10 duplex lots, and a 4 -plex lot, uh, unit, for a
tot ... there's the 4 -plex right there. Uh, overall gain of 7 units, and again, uh, this was to
address two things: because of the way these lots fall off in this direction, the ... there is a
necessity for, uh, basement level garages, which for single ... the single - family homes at
the price point they would have been at, the developer just did not feel that that was, uh, a
good idea. He feels for, uh, these types of units, it's ... it's acceptable to have basement
level garages, and so he thinks that will work better in terms of the sale of these units.
Uh, and then the gain of 7 units, again, was to try and get up to that 400... and 10 level,
which basically they're paying the equivalent of 410 units on a price - per -unit basis.
That's how they purchased the property from us. So, uh, any questions then about part 5?
Uh, the final item then, under Planning and Zoning items, was a, uh, a resolution waiving
the extraterritorial review of Woodland Ridge Estates, Johnson County, Iowa. This is a
extraterritorial subdivision in the county. This is Dubuque Street, uh, and you ... you see
here the area along the river that had the ... the older fishing cottages that was heavily... a
number of these have been bought out, uh, and... and through the buy -out program,
following the ... the flood of 2008, just to orient you where we are. These, um, come off
of Dubuque Street up in this area here. This is pretty much the final piece of property,
um, in the River Heights area that can be developed, and even though it is within two
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miles of Iowa City, it's also incidentally within two miles of Coralville, but we have a
...an agreement between Coralville and Iowa City that on the west side of Dubuque
Street, it's Coralville's review; east side of the Dubuque Street is our review. Um... we
have the right to review this. Uh, we are suggesting, and the Planning and Zoning
Commission is recommending, uh, waiving that review. The, uh, owner of the
subdivision has requested that we waive our review... basically because they want to be
able to use county design standards rather than City design standards. The thought of our
...having our review is that if we feel a subdivision is eventually going to be part of Iowa
City, we can require our standards to be used. In this particular case, this is significantly
outside of our growth area boundary. We do not anticipate that it is going to become part
of Iowa City in the future, and for that reason, and the reason... and also the factor that
the rest of the area is almost totally built out, we feel it's reasonable to allow county
standards to be used, and therefore we're recommending waiving our review. Any
questions about this? Okay, at this point then I'll let Bob and Karen address the, uh,
zoning code changes with you.
ITEM 6e CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING,
ARTICLE 9A, GENERAL DEFINITIONS, CHANGING THE
DEFINITION OF "HOUSEHOLD" AS IT APPLIES IN THE RM -44, PRM,
RNS -20, RM -20, AND CO -1 ZONES. (FIRST CONSIDERATION)
Howard/ I think we went through, uh, a fairly extensive presentation at your last meeting, and
we're talking about the ... the change to the occupancy limit in the final zones that allow
four and five bedroom apartments. Um, and I know that there were ... last time a number
of questions maybe that you had, and we've heard that there's questions, so we're
basically here to answer questions.
Mims/ One that I have, Karen, is, um, I think in our packet last time there was a letter where, or
maybe somebody spoke to the issue, that uh ... alleging, if you will, that there was a plan
by the City to ... to somehow amortize those non - conforming units out of existence over
time. Um, can you kind of address that, I mean, what discussion there's been or what...
the validity of such a statement or...
Howard/ I have ... I don't believe there's any plan to amortize the units. We have not talked... I
know that there's some communities that have done that in single ... some college
communities have tried to do that in single - family areas where there's been encroachment
of...of, uh, um ... conversion of single - family units to student housing units. I think
there's some communities that have tried to do that, um, I don't know how successful
that's been, but that's not been a serious... conversation, and we're talking about multi-
family zones, so we're not talking about taking units that were specifically built as four
and five - bedroom units and that would not be something we would...
Mims/ Okay! Just wanted to...
Howard/ ...recommend (laughter)
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Mims/ ...just wanted to clarify. Related to that, in terms of the grandfathering of non-
conforming, okay, if we go to the 3-bedroom ... 3-bedroom units to 3 ... the 3 not, the 3,
the new definition of the household, okay? For those that are 4 and 5- bedroom
apartments, that still would allow 4 or 5 unrelated people to live in them, okay? Under
what circumstances, since they are non - conforming, what ... and maybe this is for you and
maybe Eleanor as well, from the legal staff, what ... what onus does that put on those
landlords in terms of complying with regulations, etc., at what point would that give the
City, if they... say are consistently getting nuisance, uh, complaints, things like that ... to
revoke their ... their grandfather... being grandfathered in? I mean, what ... do you see
what I'm getting at? I mean, I'm not stating it very well.
Dickens/ ...the gentleman who spoke about his house that, you know, it's a five- bedroom house
right now or whatever, and if it would be hit by a tornado or something, he couldn't
rebuild it.
Mims/ Right, no, I understand that part. If they're physically... destroyed, but I'm just talking
about ... um ... does it give the City any additional power if you will if we have, you know,
consistent party houses, consistently getting nuisance calls, etc., that are non - conforming,
um ... does that give the City any additional power, if you will, or ... or ability then to
revoke those rental permits (both talking)
Howard/ The change to the ordinance doesn't give the City any additional ability to do that.
There is already a clause in the zoning ordinance that talks about non - conforming
occupancy. That's been in the code for a number of years, and what it says is they're
allowed to keep the occupancy that's listed on their rental permit, um, that the ... unless
that permit goes away.
Mims/ Okay.
Howard/ Um, so, you know, I suppose if it's ... if it's revoked...
Dilkes/ Yeah, I don't think this ordinance though gives you... gives us any additional grounds for
making the rental permit go away.
Mims/ Okay. That's fine. I'm not saying it should. I just ... I think that needs to be clarified for
the public that ... I mean, the rules are still the same rules in terms of revoking a rental
permit, and as long as they don't do something that gets it revoked, they're going to
continue to be grandfathered in.
Dilkes/ That's right.
Mims/ Okay, thank you.
Champion/ I just want to bring up Terry's question about the man who was here, about his house
that's five bedrooms and he has ... he could rebuild that house. There's nothing that says
he couldn't rebuild that house.
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Dickens/ But he couldn't use it as a five- bedroom (both talking)
Champion/ I don't know!
Howard/ I mean, you can rebuild a five- bedroom house. You just can't rent it to more than three
unrelated peo ... persons then. It would have to comply with the occupancy standard, but
certainly, um, they can build it and rent it to a family or... or sell it to a family. Um, and
then if it's in something like the zones that we're talking about are multi - family zones, so
if it ... if a tornado came through and ... and completely destroyed ... I mean, it would have
to, you know, it'd have to be destroyed at 75% or more of the units, you know, if there's
anything standing there, um, they could rebuild it, basically, to its former...
Miklo/ That's a point I would like to make in terms of the non - conformity. It has to be
destroyed, as Karen said, to more than 75 %, um, and our experience from the 2006
tornado, for example, the mailbox, uh, place at the corner of Burlington and Linn Street.
There was one wall left standing. It was determined that that was not destroyed to the
percent that would require it to conform. Um, there have been other situations after a fire
where there's a foundation left, and that was determined to represent 25% of the value.
So it's not a sure thing that a tornado or a fire would remove, uh, the non - conforming or
grandfather clause. It may, if it is very severe destruction.
Howard/ I mean, the other thing to note is that probably a lot of the structures that are there now,
they're being maintained if they're single - family homes, but if it's a single - family home
in a RM -44 zone, if something comes and clears the site, they might have the opportunity
to do that many units or more ... under that higher density zone anyway. So I think it's
hard to judge, um, what the development potential is of a ... of a cleared site, basically.
Dickens/ I have a question on the University zone, who have created this and... determined the
boundaries on that. The University impact zone, which is the first I saw of it was I... in
like February. So I just want to know where that came from and who came (both talking)
Miklo/ That's, uh, we based that on a technique that the City of Ames has used to address
housing issues near the Iowa State University campus, and the particular zone or the
boundaries of it come from the Central Planning District, which identified, uh, a sub -area
A which, uh, the plan discusses, uh, how that area is affected by the University. So we
included, for the most part, that area. There were some single - family areas that we took
out because there ... there aren't really zoning issues in those areas, and then west of the
river, the Southwest District element of the Comprehensive Plan has a similar area, uh,
the Miller Orchard neighborhood, and it talks about how it is affected by the University
Law School and, uh, and the Hospital, and how, uh, those areas are impacted by the
University. That's why we chose those areas. And the thinking is that those areas also
overlay nicely with the University Neighborhood Partnership, where the City and the
University are investing to stabilize (both talking)
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Dickens/ ...just wondering why ... the area south of Burlington Street all the way to the railroad
is... is that still... still part of the impact...
Miklo/ Um...
Dickens/ Zone?
Howard/ I don't think we have the map on (mumbled). Items not on the ... agenda yet but...
Dilkes/ You're just setting the ... you're doing the motion setting the public hearing (several
talking)
Howard/ But all of...all of that part of Riverfront Crossings is in the Central Planning District,
and that's an area, of course, that uh ... urn, you know, we continue to get requests on
redevelopment of that area and is close enough to the University campus that...
Throgmorton/ And this impact zone applies only to the parking, um, provisions that we'll
be ... that we're setting a (both talking)
Howard/ Right, the only change that's proposed is an increase for 3- bedroom units from 2
parking spaces to 3. That's... that's the only change that's proposed in that area right
now.
Dilkes/ We really kind of urge you to ... to wait til the public hearing to discuss those ... those
items that you're just setting the public hearing on tonight.
Throgmorton/ So I ... I'd like to ask a question pertaining to basically, um, market impacts of...of
this, of the ordinance we're considering tonight, especially in conjunction with the other
two, but we can focus on the ... the first ordinance. Uh, some people have expressed some
concerns that if we enact these ordinances that that will create a market incentive to, uh,
for developers to buy and tear down, well, no ... to buy and convert, uh, many of the
existing single - family owner - occupied units in the Northside and College Green areas
into rental units, and to rent `em out to peop ... to people who want to have, you know...
as many residents as they can possibly get in ... into those ... in those houses.
Howard/ Um...
Throgmorton/ What's... what's your sense of that potential market effect?
Howard/ Well I think ... let me just have ... I think we have a slide here, um ... that we used for
that. I mean, that's only the case ... if there's no development potential... left in Iowa City
for multi - family units. Um, and we have a considerable, uh, allow ... area for housing
...new housing opportunities. We have downtown Iowa City, we have all of Riverfront
Crossings, and just those two areas alone have ... have the potential for 2,000 to 3,000
units. So, um ... and then we are also talking about developing a standard for private
dormitories, which would be a very high- density, would have some of those four, maybe
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five bedroom configurations, but in a supervised, um, type of environment, more like a
regular dormitory would be. So we've ... we've talked even to some local developers and
the possibility for that sort of thing and would like to get a committee together to look at
that possibility, and we know the University is planning a dormity ... dormitory in the near
future, and also we ... the Central District plan does call for that south Johnson, south Van
Buren area to look at that and see what the solutions are ... are for allowing maybe even
more density there, but in a... in a manner that's a... it's a higher quality of living for the
students. Um, when we had a ... housing forum, um, when we were developing the
Central Planning District, um, we had University officials there and we had students
there, and the two issues that came up, we were asked the question, why is the City of
Iowa City allowing, um, private, unsupervised dormitories to be built. And the students
asked, we don't feel safe in these areas. We would like something better. So I think the
idea is that we're allowing really high densities, but in ... in a configuration maybe that is
...is a better configuration is the idea here.
Throgmorton/ (mumbled) ...if I could briefly follow up, the... these... this is the direction I
thought you were going to respond, and it pleases me, but we're talking about a
transitional moment. The kinds of development you have .... you have pointed to aren't
going to happen tomorrow, whereas some buildings could be converted tomorrow, and
...and that's more of concern to me, I think.
Miklo/ Something else to consider is those ... those neighborhoods that you mentioned that are of
concern already have zoning restrictions limiting them to three unrelated persons. So
there isn't an incentive to go in and, uh, and convert those houses.
Howard/ Right, and any single - family areas, of course, all the Northside is ... has been down -
zoned, much of it to a single - family configuration. So you ... there's no possibility for
more conversions to multi - family in those ... in those neighborhoods. Um ... another thing
to note is that, urn ... the 4- and 5- bedroom apartments were the norm ... were the norm
since the mid -1990s and here's the statistics, uh, here: 77% of all the bedrooms built in
the Central Planning District and the Central Business District since 1995 have been in
that 4- and 5- bedroom configuration. So ... and this includes all of Moen's projects, as
well, so we're including all the units that were built, even for not... for non - students
during this time period. So you can see the kind of incentive that our zoning code has
created to ... to build those kind of configurations versus something else. However, it
should be noted that in the Central Business District in 2008, the City Council lowered
that occupancy standard to 3 and there has been considerable development in ... and you
can see buildings being going up all over downtown right now, um... student housing
projects currently under construction in the Central Planning District and in downtown,
there's 92 dwelling units currently being built, 252 bedrooms, and 210 of those bedrooms
are in the Central Business District where the maximum is already 3. And the projected
increase in under... undergraduate enrollment for the next 10 years is about 137 additional
students per year. So you can see there's... there's a lot of potential here and a lot of
things that are currently being built.
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Dobyns/ Karen, could you describe, um, some area ... because some of these areas are being
...would be grandfathered ... under the household distinction. What sort of things could
happen that all of a sudden the grandfather would be lost? Um, a certain amount of
building or addition or development of the property, I mean ... could you ... could you give
me an example of..
Howard/ Guess I'm not understanding your question (both talking)
Dobyns/ ... my ... my sense is that those areas, current, would not be held to new household
designation. It would be grandfathered.
Howard/ Right. There's a lot of grandfathered units because in 2005 we changed the occupancy
in a number of zones and lowered it. So all those units are all already grandfathered. So
there's a lot of in ... the Northside I think some of the issues with neighborhood
stabilization is that we have a lot of grandfathered units there and while nothing new can
get built as far as a multi- family configuration in some of those single - family areas,
there's still a lot of grandfathered units.
Dobyns/ What could potentially happen to those ... I assume that grandfathering would not, you
know, naturally go in perpetuity. What sort of things could happen to those properties
where they would lose that grandfather... clause?
Howard/ I think the only things that could happen would be either intentional — somebody
coming in, deciding they wanted to redevelop to, um, some standard that was higher, um
...uh, some allowance in the zoning ordinance, or you know, some natural disaster, like a
tornado or something that we just talked about. Otherwise they can continue and they
can sell their property to new property owners that can turn over over time. I mean,
there's units that have been in existence for ... decades that are (both talking)
Dobyns/ ...to a new property owner they still maintain the grandfather clause.
Howard/ Right!
Dobyns/ Okay. So ... um, short of a tornado, which would be, you know, fairly complete, um, the
uh, redevelopment or renovation of the property would have to be fairly significant to
lose that (both talking)
Howard/ ...you wouldn't, unless you got rid of the units that were ... the occupancy is ... is tied to
the rental permit. So if you have a rental permit for a 5- bedroom unit, that permit goes
for that unit. If you just, you know, change that unit, of course, and make it something
different, the rental permit may change, but that would be at the... at the request of the
owner (both talking)
Dobyns/ ...grandfather distinction isn't easily lost is what I'm hearing.
Howard/ Right!
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Dobyns/ Thanks!
Dilkes/ Let me just... clarify a little bit. If... if you lose your rental permit for some reason or
another, whether that's voluntarily you abandon it or it is taken from you by the City,
then you would lose that grandfathering.
Dobyns/ In what sort of situations might that occur?
Dilkes/ In situations (both talking)
Dobyns/ Rare?
Dilkes/ ...yeah, I think it's pretty rare.
Dobyns/ Okay, all right.
Dilkes/ I think it's pretty rare, but it would be, um, you know...
Dickens/ You could lose it for having (both talking)
Dilkes/ You lose it because you ... you're not meeting the housing standards, um...
Dickens/ You get so many disorderly house (mumbled)
Dilkes/ We've got the nuisance ordinance where if.. but that is ... I don't think that that's ever
happened under that. (several talking and laughing)
Dobyns/ Well, that says it all, Connie! (laughter) Thanks (mumbled)
Hayek/ So, unless there are more questions for Karen, I ... I want to take the Council's
temperature on 6.e (noise on mic) during the work session, and the reason is that, um, this
is up for, uh, Council vote tonight. We had the public hearing already, um ... but
consistent with past ... past Council practice, we're going to allow public input, um ... I
think that past Council practice is something we might want to look at, because
effectively we're having both a public hearing and then an opportunity for further input
during our discussion. It's ... it's two bites at the apple and I'm not sure it's necessary or
...or efficient, but now is not the time to...
Champion/ But we didn't close the public hearing. (several responding) Oh, we did? Okay!
Hayek/ So, uh, so ... there will be public input tonight and that ... that message has been
disseminated but it seems to me that if ..if we can get a sense of where people believe
they are in terms of voting on 6.e, um, I could announce that at the beginning of our
discussion to the public and that may or may not impact whether... and how many people
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want to, uh, come up here and talk to us. I think it'd be a good piece of information to
supply.
Throgmorton/ You mean you want to know how we're inclined to vote, unless we hear
something...
Hayek/ Yes! Not that you're... you're bound by it but ... but where, you know, where you think
you are right now.
Champion/ I'm definitely going to support it. No matter what I hear.
Hayek/ Okay. Um...
Dobyns/ But you're the only one who got to speak last time so (laughter and several talking)
Mims/ That was my mistake! (laughter)
Champion/ Well thanks for not blaming me!
Throgmorton/ I expect to support it. I might hear something that would change my mind.
Hayek/ Okay.
Mims/ I expect to support it, as well.
Hayek/ I'm in the same boat.
Dobyns/ I will support it!
Dickens/ I'm not supporting it as of right now.
Hayek/ So that's... that's 5 -1, um ... tentatively, I understand. So I ... I will convey that to, uh,
tonight. I think it'll be helpful... for the public input. Okay, the other two items we're
simply setting the ... the public hearing for so. Okay, any other Planning and Zoning
items? Did we cover `em all? Okay. Agenda items generally.
Agenda Items•
ITEM 22. CONSIDER A RESOLUTION APPROVING AN AGREEMENT FOR
PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF
IOWA CITY, IOWA, AND CENTRAL PARK L.L.C.
Throgmorton/ Is ... is somebody going to talk to us about, uh, the proposed TIF at this moment, or
is that ... going to be discussed later or what?
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Davidson/ Are you referring to the, uh, 114 S. Dubuque ... um, we could certainly discuss that
now if you'd like or I can do it at the formal, either one.
Throgmorton/ What's your preference? I mean, I ... I'm a believer in the value of.. of asking
questions in public so that the public can hear the responses, and they're on television,
and people know how people are responding so ... I ... I'd be inclined to go that way.
Davidson/ Uh -huh, but if... certainly if there are any maybe more esoteric questions that you
want to make sure I can answer at the formal meeting (laughter) if you would raise those
now I can research them, just in case there's something that needs to be researched. We
don't have the, uh, our financial guru Tom Jackson will not be here, so if you have any
questions about the finance ... the financial, uh, analysis, if you could please raise those
now. If I don't know the answer I can hopefully research it by the formal meeting.
Dickens/ How many years is...
Davidson/ Pardon me?
Dickens/ How many years is the TIF going to be set for on this?
Davidson/ Uh, we anticipate that within a 20 -year period it would (both talking) just from the
project, not from the whole district. Uh, if the whole district's used, it could be, um...
uh, retired earlier, Terry, and ... and we have used a worst -case scenario. Basically we
...we have belief that it will be retired possibly in 15 to 18 years but ... but certainly
within 20.
Dickens/ (mumbled) ...he's shown, he's got it done before.
Davidson/ Right, right. You know, we've just tried to assume the worst and then hope for... for
better.
Dobyns/ So before, for the previous TIF, if was a 20 -year and then he...
Davidson/ Which one are you referring to, Rick?
Dobyns/ I guess (several talking)
Dickens/ The Plaza Towers.
Dobyns/ Thank you, Plaza Towers.
Davidson/ Right, that ... that allowed 20 years and ... and was retired in a little over 8.
Hayek/ Can you talk just a little bit about, um. ... uh, our security, essentially. The ... to'(both
talking)
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Davidson/ Yeah, and Eleanor, please chime in. We've... we've... we will receive security from a
minimum assessment agreement that includes both this property and a unit of Plaza
Towers that is owned by the developers — the grocery store, uh, property, and between
those two we feel like we have adequate security that if, um ... you know, basically a
guarantee from t he developer that it will ... it will meet the targets that we need in order
to have the project play the ... pay the, uh, forgivable loan off. The ... the City's risk,
remember, is increased because it's upfront money, just like Plaza Towers was, and so
we do want to acknowledge that upfront that there is increased risk to the City, but we
feel like it's ameliorated by having the minimum assessment statute.
Hayek/ And that's a pledge from the ... the entity, the developer entity, not ... not the individual.
Davidson/ Right.
Champion/ And that's done ... that's worked well for us. They have to meet certain criteria and
move it along.
Davidson/ Right. Again, our financial analysis, Connie, felt that that gave us the protections that
we ... we needed.
Champion/ Right, right.
Hayek/ But we're ... we're, I mean, the market is changing and increasingly the request is for
upfront money as opposed to ... to....
Champion/ Rebates!
Hayek/ ...rebates, and so um, you know, we have tried it before with success, but there is...
there is more risk with this, and we vetted that as an economic development committee,
and we made ... we made a conscious decision to take on that risk because we think it's
(both talking)
Davidson/ I mean, the developer has been very upfront about that he needs the City's
commitment in order to get the conventional financing secured for the remaining 75% of
the project.
Champion/ And he seems to have the Midas touch. I would be pretty confident about it.
Throgmorton/ Yeah. So let me spin off of that and I'll pose a question though I ... I don't know
that you need to answer it right now, okay, but it's ... one that surely a lot of people in this
city would be wondering about. Why cannot this project be, uh, entirely financed
through private means? What is it that makes it either have a... a public value that is over
and above what would otherwise exist, or um ... um ... make the development possible in
the first place. Something else would be built there, presumably.
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Davidson/ I think that's an excellent question to pose to the developer this evening, and he will
be in attendance and you can hear it from his mouth, but you know, to paraphrase, it is
because of the type of project that is being built. The developer has stated that if he was
to build a student housing project, stand -alone student housing project, he could do it
without the City's assistance. But it is because it is a, the residential units are targeted to
non - students and some of them meet the workforce housing definition of the City, as well
as the three office floors which are not required by the zoning ordinance. Those are the
components of the project that require the City's financial assistance, and we have had
that vetted by the National Development Council and they feel that the pro forma is such
that basically the assumptions that have been made by the developer are not exaggerated,
that they are, uh, they are such that the City's participation in the project to approxi-
mately 25% of the financing is justified.
Dickens/ And none of those floors can be changed once they (both talking)
Davidson/ They are required to be office floors.
Dilkes/ I'd like to go back to the security issue just ... just to make sure everybody's following
that. Um, the security that you don't have in this agreement is if for some reason the
taxes would not be paid. Um, so in other words we're ... we're relying on a minimum
assessment agreement that it's going to assess it at a value that, um ... that will generate
enough taxes to pay the bonds, and are assuming that those taxes are going to be paid.
Um, as they have been in the past. The agreement provides that if for some reason the
tax ... let's say the commercial property tax rate would go down. Um, and even if you had
that minimum assessment, the taxes you would ... that you realize from that, um, wouldn't
be as much. Now the agreement does provide that a mechanism for the assessor to
increase the assessed value to cover that gap. Um, we've not had to do that in the past,
nor is that really a tried and true remedy, but that ... we do have that mechanism included.
The fall -back mechanism then if that wouldn't work is the, um, developer's obligation to
pay the short-fall. To pay the taxes that are not generate... that are not generated. That
obligation is an unsecured obligation. There is no mortgage securing that obligation.
There is no personal guarantee securing that obligation.
Throgmorton/ So a lot rides on our sense of trust, I mean, that's the way I hear this. Not
completely, because we try very hard, thanks to our committee, to try... and the staff, to
make sure that (several talking)
Davidson/ I mean, we ... we have tried to reduce the City's risk to what we consider to be a
manageable level, but ... no one should assume that there is no risk. The upfront money
means more risk to the City. We are more of a participant in the financing of this project
than we are by a rebate agreement. And that's... everyone should be clear on that.
Dobyns/ But you've mentioned there have been some third parties that have come in, scrutinized
this, and said it's reasonable.
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Davidson/ Right! The ... the Economic Development Committee and staff, including the Finance
Director, feel it is a reasonable risk to undertake for the project.
Dobyns/ But third parties even outside City staff.
Hayek/ He's referring to NDC.
Dobyns/ Yeah.
Dilkes/ That ... that's a different issue, I think. The third party ... I think you're talking about Tom
Jackson?
Dobyns/ Okay.
Dilkes/ Talking about the gap analysis that he did to determine what... additional funding was
necessary to make it ... from the City to make this project go forward. That's where the
outside consultant came in.
Dobyns/ Right!
Dilkes/ Not on the issue of security. The issue of security is really a comfort issue. Um, and
what you ... what you think the developer can, uh, reasonably provide. Um, the same
...we're using the same mechanism here that we did, um, with Plaza Towers, um, in that
situation we had a minimum assessment agreement on the Towers, and we also had a
minimum assessment agreement on the Vogel House. Um, we're doing a similar thing
here. The minimum assessment agreement on the Dubuque Street property, and a
minimum assessment agreement on the condominium unit that the developer still owns,
um ... which is the Bread Garden unit. Are there not ... other legal ways to make you more
secure? Yes, there ... there are, but ... but that's a (both talking)
Dobyns/ ... some risk but with a party that we have previous experience with.
Dilkes / Right, and that's your decision. I just want to make sure you understand. (several
talking)
Markus/ ... evaluated that as a staff and we recommend this, as well.
Dobyns/ Uh -huh.
Dickens/ As far as the parking issues... that... there's only going to be so much on -site parking
(mumbled)
Davidson/ Two spaces.
Dickens/ Two spaces, and those...
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Davidson/ ...and the developer certainly evaluated extensively getting more, Terry. It was just
physically unable to do it because of the size of the site.
Dickens / And there won't be anything above a 2- bedroom or a 3- bedroom, cause they would be
required to (both talking)
Davidson/ (both talking) ...luxury units.
Dobyns/ What would construction, uh, materials be? I'm just trying to think... small...
Davidson/ The staging area you mean? For construction materials?
Dobyns/ Yeah.
Davidson/ It's likely that there will be a request for the use of public property for that, and we'll
work that out the way we always work that out ... in terms of a...
Throgmorton/ Blackhawk Mini Park right (several talking)
Davidson/ ...likely, yeah.
Throgmorton/ Yeah, and that'd last for two to three years, if...that would last for maybe...
Davidson/ The construction ... oh, no! They hope a year or 14 months.
Throgmorton/ I would think they'd hope that much, but when I was reading the document I got
the sense that maybe it would, uh...
Davidson/ Oh, it's required to be built by 2015, I believe.
Hayek/ They have to start it within one and finish within three.
Davidson/ But ... but the construction I believe is anticipated to be 12 or 14 months.
Throgmorton/ I'd like to ask a question that relates to the residential part of this, and I think you
and Eleanor both know that, uh, I received an email from one of our residents that
expressed concerns about how the urban renewal code, uh, is being applied here, and I
could actually quote two bits here to make sure I'm being accurate.
Davidson/ Uh -huh.
Throgmorton/ Uh, he writes, first Iowa Code 403.5.4, paragraph 1 provides that local urban
renewal plans which propose residential redevelopment much show that there is a
shortage of housing, that existing housing is so deficient as to be a threat to the public
welfare, or that land is needed for low- income housing, and then he says the City,
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University urban renewal plan does none of this. So there's another point I want to make,
but ... how do you all respond to that?
Dilkes/ That section does not apply here. The section that he's quoting applies only when the
City is acquiring land, and if you look at the urban renewal plan, the small portions of
land that were designated for acquisition, urn ... those representations were made, but the
bottom line is that ... that section doesn't apply to what we're doing here.
Davidson/ Yeah, we do feel, Jim, that the ... the objections of the urban renewal plan, and I can
highlight those for you if you'd like, are met by the proposed project.
Throgmorton/ Excellent! So the other, uh, point that he makes is uh ... again, just quote, maybe
even the same point applies — I don't know. Iowa code 403.22.1 prohibits the use of TIF
financing for residential pros... projects in economic development areas, "unless the
municipality assures that the project will include assistance for low and moderate income
family housing." And he says, I see no such provision in the current proposal.
Dilkes/ That section is also inapplicable for a different reason, and that is that this project is
being done in a, uh, urban renewal area that is based on a blight designation as opposed
to an economic development designation.
Hayek/ Okay. Thanks for that information. Anything else on ... on, uh, I guess it's item, what is
it 19? No.
Throgmorton/ Yeah, I ... I...
Hayek/ 22.
Throgmorton/ I think I'll probably ask a couple three other questions during the meeting, uh, and
you know, if you want I can state them now and you can just be thinking about `em, but
you don't have to respond.
Hayek/ That's fine. I mean, I think it would help Jeff do a little advance work (several talking)
Dickens/ I like to surprise (laughter and several talking)
Davidson/ I suppose it would make the Council meeting more interesting (laughter) scrambling
for answers! (laughter)
Throgmorton/ Jeff, one is, uh, about potential effects on existing businesses, so the question
would be something like this, what existing businesses, if any, currently offer equivalent
office or residential space in the downtown area. So in other words, would it be
providing unfair competition? Um, a second is, have the School District and the County
been asked to express their views about the ... you know, the use of a TIF in this particular
instance.
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Davidson/ I can answer that. They have not specific to this project, no.
Throgmorton/ Yeah, I ... I thought not and...
Davidson/ The ... the establishment of the urban renewal area they were.
Throgmorton/ Okay. And ... I mentioned this to Tom earlier, uh... some... somebody wrote,
actually phoned me and said, this is a horrible idea! It's a horrible idea! Don't you know
what you're going to do to the pedestrian mall? You're going to build this 14 -story tower
and it's going to block out all the sun light for the ... for the pedestrianized area and this is
dreadful. It's a really stupid idea! Uh, so (mumbled) a shadow analysis, you know,
the ... would vary by time of day and by season of the year and we could see the sun dial
kind of moving across the...
Davidson/ Yeah, we actually have a shadow analysis. I didn't have it prepared for, uh, the
meeting tonight, but would you like me to see if I can get it prepared? What it basically
shows, if I could just summarize, is that the shadow from this building is not ... nearly as
significant as the shadow from the Paul Helen Building and the Jefferson Building on this
area of the pedestrian mall. And depending on the time of year, cause Jim's right,
depending on the time of year, you know, the sun is higher and the shadow is less, it
ranges from about 2 1/2, if you pick a point, 2 1/2 to 3 hours that the shadow is created by
this building and it varies by time of year, and I can certainly forward anybody the
analysis. Um, the Paul Helen Building to the east, and the Jefferson Building to the west
provide much more shadow than this building will. Um, do you want me to try and get
that ready for the meeting tonight and show it up here? I mean, I can try to.
Throgmorton/ Given how the...
Davidson/ (several talking) Pardon?
Throgmorton/ I think it'd be a good thing. Given how the space is used by people (several
talking)
Davidson/ Okay, let me...
Dickens/ That was one of the comments by one of the people that came to speak about (several
talking)
Davidson/ ... get that done. Um...
Hayek/ Thanks!
Dobyns/ Clearly, Jeff, you show that there are few questions that will surprise you! (laughter)
Davidson/ Thank you, Rick! (laughter) Anything else, Jim, for later?
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Throgmorton/ Uh ... I don't think so. Thanks!
Davidson/ Okay, thanks!
Hayek/ Other agenda items?
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Dobyns/ Um, I have one, just in terms of how the Consent Calendar is typically near the
beginning of a public meeting, and I guess I was just wondering why that is, because
there are public who come here to speak to Council on matters of the agenda, and yet
they're sort of delayed til after, for the most part, until after that sometimes lengthy
public opportunity. Whereas people who are coming in (mumbled) it...it just seems to
me there should be priority given to those members of the public, um, at the front end of
a public meeting, and those people want to speak to things that are not on the agenda, um,
sort of, um, should be more toward the end, and I assume thought was given to this and
being new it just didn't seem intuitive to me.
Karr/ Council decides the order of items on the agenda, via resolution. And the resolution
established the order of the Consent Calendar being first as routine items to remove them
from the agenda, and continue on with business. Certainly that could be re- evaluated and
it could be moved as (both talking)
Dobyns/ ...question, I assume there might be more people and congestion, um, and just so the
area isn't that crowded, but I was just wondering sort of a fairness, the people are here for
the agenda items as well and...
Mims/ We don't typically have people commenting on items on the Consent Calendar, do we?
Champion/ No.
Hayek/ No, which is why they're on the Consent (both talking)
Dobyns/ Okay, so the history of that has been fairly (several talking) Okay.
Markus/ It's just pretty common cross ... cities across the country that it's usually up front like
(both talking)
Dobyns/ So operationally it just isn't, you know, in theory if a lot of people came it would be a
problem, but operationally that just has not been the history. (several talking) All right.
Dickens/ (mumbled) like the police chief has question about something that we would take it up.
Dobyns/ Okay. All right.
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Dickens/ Generally it never happens.
Dobyns/ Thank you.
Hayek/ Yeah, there is an opportunity to pull things out, if.. if we anticipate a discussion.
Dobyns/ Okay.
Hayek/ Con ... consider them separately from the balance of the Consent... items.
Dobyns/ All right, okay.
Markus / And some people do come for Consent items that don't really want to have `em pulled.
You vote on the entire Consent agenda; then they can leave.
Dobyns/ Okay. All right. Thank you.
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.
Throgmorton/ Speaking of the agenda items, could I say a quick word about, uh, the funding for
ICAD's co -lab.
Hayek/ Yep! It's Item 12.
Throgmorton/ Yeah, uh, I think it's a good idea. I'm going to support it, uh ... but ... I wish we
could find a way to support co -labs that help people find ways to solve shared problems,
rather than simply generate, um, increased revenues within the city. I mean, other words
it's not just about economic performance, and so I wish we could find ways to stimulate
creativity, uh, perhaps the ... the new co, I've forgotten the name of it, but the co -lab that
Sheila Samuelson is involved in is an example (both talking)
Davidson/ ... co- works?
Throgmorton/ Co- works, yeah. Uh, just ... wish we could do that, and I don't know if any
thought has been given to, uh, finding ways to ... to accomplish that.
Davidson/ When we've been evaluating these projects — there's actually three —we've been
focused on things that basically, you know, obviously it's creating an entrepreneurial
culture, but... but... but in terms of our metrics, we use creation of jobs and creation of
property tax base. I mean, those are the things we're trying to encourage by creating this
entrepreneurial culture that'll grow these businesses.
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Hayek/ I mean I ... and I would say, I'm not sure those things are mutually exclusive, you know.
That kind of endeavor could occur in... in this kind of setting, and secondly, I mean, the
monies are coming from our economic development fund, and so you know, that's why
we put that kind of focus on ... on these ... on these projects. Um, but (both talking)
Throgmorton/ Well I ... I went to a ... a presentation by a fellow named Bill Strickland Monday
night. Very inspirational presentation about some amazing things he's been able to
accomplish, uh, and a lot of them have to do with enabling low- income people to
maximize their potential by doing ... by, uh ... um ... uh .... building on their own strengths
and being treated with respect, and ... and, but the ... so like, you know, he's found ways to
teach them how to become master chefs. How... how to be great painters. How to
become great photographers. And have their work displayed and that kind of thing, and
that can have all sorts of economic benefits, but there's more to it than that, seems to me.
Amazing presentation by this fellow!
Hayek/ While we're on Item 12, I ... I just want to make clear that, uh, or make sure I understand
myself, that ... that this is essentially enabling legislation, and what we're giving the City
Manager's office the, uh, the green light to ... to pursue this, but I saw in there some
performance measurements and... and basically the details of a contract.
Markus/ There's another agreement that's called for in terms of how the money would be spent
and how it would be used, and then performance measures built into that agreement. The
other thing that's occurring right now is there's a transition in the leadership of ICAD and
so that's going to be evaluated in this process as well, so ... that agreement may not get to
that point, uh, in the immediate future.
Hayek/ Okay. Other agenda items? Okay! Why don't we, uh, move on to, uh, the Farmers
Market strategic planning effort.
Recapping Farmers Market Strategic Planning Effort (03):
Claussen/ Good evening! I'd like to thank you all for inviting us back to present a follow up on
our strategic... excuse me! Strategic planning committee that was formed last year, uh,
the members with me tonight are, uh, why don't you go ahead and stand up. Vendors are
Christian Comray and uh, Alli Gnade is a vendor as well as a commission member, and
uh, Mike Moran, Parks and Rec Director, is with us tonight, uh ... I am Clay Claussen, the
current chairperson of the commission, and uh, other members who are not with us
tonight are Martha Boyson is a vendor, Lucie Laurian is a commission member (talking
away from mic) I'm sorry! I didn't introduce ... I didn't introduce Maggie Elliott who is
our vice - chair... of the commission. Uh, and our Market coordinator, Tammy Neumann,
had a conflict and couldn't be here this evening. Please note that the Downtown
Association was invited to have a seat on the committee, but declined to participate. Uh,
just a brief background, the uh, Parks and Recreation Commission was approached by the
Downtown Association last spring with a request to consider relocating to the streets and
sidewalks adjacent to downtown merchants in the ped mall. An open meeting with
vendors and the public to discuss the proposal resulted in a firestorm of opposition to
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moving out of the covered outdoor market provided in the current setting in the lower
level of the Chauncey Swan parking ramp. Uh, the Parks and Recreation Commission
then voted to form an ad hoc Farmers Market strategic planning committee to study the
issue and the structure of the market in general to determine if it needs an overall or just
tweaking. Couple items of note, 2012 will be the Markets' 40th year in downtown Iowa
City. And during the master plan process several years ago in 2008, Iowa City citizens
voted the Farmers Market the most important program offered by the Parks and
Recreation department. The Market has received accolades regionally and nationally,
and is widely recognized as a model program for other communities. Now, uh, the
process we ... that we went through, the committee was lead in a strategic planning com,
uh, session by Jeff Schott of the Institute of Public Affairs at the University of Iowa. He
helped us assess the issues and formulate this initial plan. Also students of the U of I's
urban planning professor Lucy Laurian conducted a survey of Market customers and
vendors last year, which was very helpful. And, we'll ... we have a handout with these
recommendations. I'll just run through them briefly and entertain any questions at the
end. Uh, and some of our thunder was stolen with the, uh, editorial comment in the
Press - Citizen last week. They got it pretty ... pretty well complete though. Uh, we are
recommending that we keep the covered outdoor Market at the Chauncey Swan parking
ramp and this was supported by 75% of the customers and 86% of the vendors. And
some of the obvious reasons are that it provides shelter from rain and blistering summer
sun, so it's essentially weatherproof, and that allows vendors to have guaranteed income
and customers to have guaranteed product. So any kind of weather, we can have the
Market. Uh, there is convenient free and sheltered parking. The compact market space
reduces extensive walking. Uh, one of the concerns that people would have ... if it was
downtown, people would have to carry their product back to their car, several blocks
away. And that was a concern to some of our shoppers. Uh, the adjacent park provides
space for entertainment, seating, play, and socializing. If you've had a chance to attend,
it's a very active marketplace. Uh, it is still close to all other downtown public and
private resources, and it avoids conflict with other downtown events, such as Summer of
the Arts, uh, Sand in the City, other activities that go on. If those were held downtown,
the Market would be preempted on those weekends during the summer. Uh, we'd like to
make the Market self - supporting. It's kind of hard to argue with that! Uh, and to do so
we would, um, recommend a reasonable increase in vendor fees. Currently we're the
lowest in the region. The cost is $260 per stall for a 26 -week session. Somehow $10 a
week sounds pretty reasonable. And we think that can be increased. Uh, we'd like to
seek additional funding via grants, corporate sponsorships, and possibly funding from
other community organizations. Uh, we'd like to kind of follow the lead that the Cedar
Rapids' market set in seeking a media sponsor, cause they get a lot of mileage out of
KCRG and the Gazette for their market. Uh, we'd like to explore cooperative marketing
with downtown merchants, and we've mentioned that to the DTA. I think a joint effort
would help everybody. We'd like to maintain the current 70 to 30 food to arts and crafts,
uh, ratio of vendors, and accept additional vendors with priority to non - duplicate
products. In other words, if we want to expand the market, the first people we would add
would be vendors who are offering a different product ... we don't want to dilute the
market for the vendors that are already participating in it. So we want to bring more
people in offering something new. Um, right now we have 155 stalls on Saturdays and
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42 stalls on Wednesday evenings. I would like to expand if demand dictates in phases,
uh, Phase 1 would be to the sidewalk and the Ralston Creek space that's on Van Buren
Street, uh, adjacent to the east side of the parking ramp. It's a nice open area down there
and it's close to everything else. Phase 2 would be to move some of the vendors out into
the actual into the Chauncey Swan park itself, into the green space there, and Phase 3
could be to, uh, go west on Washington Street. We'd have to cross Gilbert Street, and
that is complicated... there is an issue with access and egress for the Ecumenical Towers.
That has been an issue we haven't resolved. Uh, we'd also like to hire a full -time market
coordinator, and part to full -time market master, funded by the increased fees and market
expansion. Uh, we'd like to create an advisory board to run the market, uh, the board
would report to the Parks and Rec Commission and make that very similar to our other
affiliate programs. We'd like to offer a year -round market run by the same staff to
include the current Grand Wood marketplace. Whether or not that stays at Grant Wood is
an issue that is open ... for discussion. And long -term, uh, I think we brought this up
before, we'd like to offer a covered, permanent downtown location that would house a
year -round market and one of the possible venues would be in the Riverfront Crossing
park, and we know that's certainly down the road a ways, but it doesn't, uh, it doesn't
hurt to start looking now. Uh, we'd like to continue the planning process to establish a
timeline for implementation and detailed site mapping. So, we have, uh, again, a copy of
the recommendations and a little kind of homemade map showing how we would expand
the market in phases. Uh, do you have any questions of us, or any of the vendors or
people here tonight?
Dickens/ I've got a ... couple questions. I'll start with the attendance requirements. Uh, when
you sell the stall and somebody pays the amount and then they don't show up, and may
be keeping somebody that would be there every week. How do you handle...
Claussen/ Are you kind of addressing the whole thing about the waiting list and the (both
talking) cause the waiting list at times we've reported it's over 100 vendors on the
waiting list. There are a lot of phantom numbers in that waiting list, and when we turned
that list over to the Downtown Association for their second Saturday market, uh, they
contacted like I think it was 130 vendors and 30 people showed up, and the majority of
those were arts and craft vendors. So I ... we would be very supportive of the Downtown
Association continuing that second ... we don't see that as competition. We think that
these things could work very well together.
Dickens/ But you don't have any...
Claussen/ We do have a policy and I don't know every exact detail, but if someone doesn't give
us adequate notice that they're not going to show, they can lose their ... their priority for
that stall and when they call in and give us notice, then we go to the wait list and the
people that are selected, it's not necessarily first -come, first - serve. Again, it's based on
what kind of product that they're offering, and uh, we don't have very many empty stalls
ever down there. Uh...
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Dickens/ The second question was, you answered part of it by the Ecumenical Towers, the... the
order of which the phases were going, because looking at, you know, if you were going
to add and try to get sponsorships from some of the people from downtown, moving it up
Washington Street would be a way to get sponsorships a little faster, but you kind of
answered that there's some logistic problems with (both talking)
Claussen/ Yeah, and crossing Gilbert Street, you know, that's... that's a busy thoroughfare there.
Dickens/ ...kind of answered that question for me.
Claussen/ It's nice to ... that we have, Washington Street is currently blocked off on Saturdays,
and the outdoor vendors, the grill vendors that make food on ... on site are ... are extremely
popular! I mean, it's ... it's a very busy market. We don't want to get 20,000 people
(mumbled). You know? I don't ... I don't think... and I've talked to a number of people
that have gone to the Cedar Rapids' market. They reported 20,000 people, and I know
some people who have attended that market that won't go back! (laughter) Because it's
really ... it sprawls and it's ... it's, uh, it's just not as well organized as this. We ... we're
pretty concise here and very productive with what we have.
Hayek/ Okay.
Dobyns/ At the Farmer... as it grows, if it grows in its current site, areas you've designated, is
there going to be sort of, assuming there is a perception of increased value of being in the
ramp area, is there going to be sort of a, urn ... trade-off where some of the newer vendors
can perhaps move to some of the more indoor areas, is it going to be rotation, or is it
going to be a seniority system, um, where, you know, I was here first; I want to be in
Chauncey Swan. I get to stay here. Um...
Claussen/ One of the things we're trying to do is to get... it's kind of like herding cats right now
with the vendors because they are not an organized group, and we thought having a, uh,
their own commission, their own committee, would ... would help with some of those
issues.
Dobyns/ Cause that could arise out of that...
Claussen/ Yeah, and (both talking) right now I think it's being dealt with very well, uh, because
it's not, I mean, the market coordinator makes that decision right now, and if we hired a
full -time person, they would be the person; uh, obviously the policies would be up for
discussion.
Dobyns/ Any increased vendor fees could theoretically be put toward additional staff.
Claussen/ It...it's basically breakeven right now, but what's not covered, we bring in just around
$50,000 revenue and, uh, there's about $50,000 that goes out of the Parks and Rec
Commission, and that pays for staffing, but that ... what's not covered right now is the
time that, cause Tammy Newman who is the market coordinator is also the administrative
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secretary of the department, and it's virtually a full -time job during the season for her to
handle the Farmers Market. And, she has many other duties and responsibilities to deal
with, so ... we'd like to take some of those away from her and pass those on, but obviously
that has to be paid for.
Dobyns/ And ... and for my own concern I'm not, you know, if ..if you're afraid of the rain and
the blistering summer sun, I think you live in the wrong state! (laughter) Urn ... and so...
Claussen/ Not this year! (laughter)
Dobyns/ ...yeah, not this year, but uh, you know, I'm looking forward to it, and I don't know if
you know, or Mike Moran, you know the question is that, if we anticipate a River
Crossings when a future possible site of Farmers Market, when would that occur and I
assume that's anticipated to be outdoors, under the, um, rain and the blistering summer
sun.
Claussen/ No, we'd like to have a covered venue there. That's what we were talking about.
Dobyns/ Okay. And that is ... that may be the expectation, but is that the plan?
Moran/ It's the hope. I mean, I... (several talking) ... and... and we're probably looking at least 15
plus years before that happens. Before we even start looking at some sort of a plan for
that.
Dobyns/ Fifteen years?
Moran/ Fifteen plus!
Dobyns/ Fifteen plus. Okay. I ... I, again, I'm not that excited about it.
Hayek/ You might still be on Council!
Dobyns/ (mumbled) Whatever! (laughter) Uh, not necessarily! (several talking) But just as far
as it being outside, I recognize, I mean, it is a parking ramp, but it's a very nice parking
ramp! And I assume that previous Council deliberations have been that there's really no
great alternative, um, for a Farmers Market of this size.
Moran/ Well, primarily what we did with this is we just wanted to be more proactive instead of
reactive because for about the last three or four years, we've always had folks come in,
saying they want to just pick up and move the market. So what we're trying to do is
establish what our criteria is so that when people come in and do that, we can say this is
where our expansion zones are. This is what we want to do, and have a proactive stance
instead of going, "Oh, wait, wait, wait!" And have a reactive stance and have everybody
all excited about it. I think the last time it happened, Connie said she got more phone
calls on that than she did the flood...
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Champion/ I did!
Moran/ ... in 08!
Champion/ It, uh, yeah, I mean I don't think it should be in the ramp, but oh ... I'm sorry! But I
think, um, I mean, I support the fact that that's where you think it ought to be. I also ...I
don't ever, oh, don't shoot me downtown. I don't think it should be downtown either! I
would like to see it spread out all over City Park. I would like to have it have twice the
vendors, and just be able to walk down the trail there and ... I just...
Moran/ That didn't make the list, Connie (laughter)
Champion/ I know! I know!
Dobyns/ (several talking) ...agree. I mean, I agree, I mean I think I'd prefer it to be there but,
you know, we'll all get calls in the evening I'm sure.
Champion/ Well, I'm not going to answer my phone tonight! (several taking)
Mims/ This is a work session! So nobody's going to hear you!
Champion/ I do support what you've come up with.
Hayek/ Appreciate, uh, the report and the effort, and uh, encourage you to continue discussions
with ... with the DTA and whatever it turns into (both talking) the SSMID, uh ... hopefully
just the downtown district cause that sounds pretty clean. Neither here nor there, but, uh,
thank you for your time on this and thanks for the information (several talking) Okay,
let's keep moving here. Animal Shelter project update.
Animal Shelter Project Update:
ITEM 23. CONSIDER A RESOLUTION OF INTENT FOR DESIGN WORK FOR A
NEW ANIMAL CARE AND ADOPTION CENTER, COST SHARING
AGREEMENTS WITH NEIGHBORING JURISDICTIONS FOR SAID
FACILITY, AND INTERIM ANIMAL SERVICES WITH NEIGHBORING
JURISDICTIONS
Andrew/ Good evening. I will briefly summarize... agenda Item 23, which is plans for the new
Animal Shelter. Uh, there are four directions on tonight's resolution. Um, the first is to
move forward with architectural design based on the conceptual plans that we discussed
last time. Uh, it's approximately, just to recap, a 12,000- square foot facility with a very
preliminary estimated cost of $3 million. And, we will pursue this in accordance to the
contract that we have with Neumann Monson Architects. Uh, this design should take
about three to four months. Um, the next item in the resolution is to move forward in
accordance with FEMA deadlines. Uh, we have two important timeline notes coming up.
The first is for an extension request submittal, which will happen this month, um,
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hopefully this week, and the next one is an improved project request which requires the
architectural design that is in number one in the resolution. And again, the estimated
completion timeline is 2014. Uh, the known participating jurisdictions, which goes along
with item number three in the resolution, um, which is pursuing, uh, contracts with
neighboring jurisdictions. Uh, the known participating jurisdictions right now are
Coralville, University Heights, and the University of Iowa. Um, we have ongoing
discussions with Solon and Johnson County. Uh, our proposed capital opera... capital
agreements and operating agreements are based on a percentage of animal intakes, like
we discussed last time. Um, this takes an average of animal intakes over the course of
three years and applies that percentage to our actual costs. And so that is item number
three in the resolution for us to pursue these. In principle we don't have finalized
agreements as of yet. We need to define exactly what construction costs will be
considered. And finally the fourth item is to provide interim service to jurisdictions that
currently use the Animal Shelter. Um, the... jurisdictions that currently have 28E
agreements are only Coralville, Johnson County and Solon. Um ... we have a verbal
agreement with North Liberty. They received their first invoice, uh, last December, and
they have indicated that they are going to pursue an agreement with Cedar Valley
Humane Society in Cedar Rapids. Um, staff recommends, and this is what's in the
resolution, item number four, is that we abide by current, uh, operating agreements, 28Es,
uh, through the end of fiscal year 2013 and also extend this interim service to
jurisdictions that are board with participating in the new shelter, which would include
University Heights. Um, the newest item on here is to provide interim service to all other
jurisdictions that currently use the shelter through May 4th. So, about a month from now.
So they could have time to, uh, find alternative service delivery. So, brief summary. I
know we're running short on time here, but ... uh, did you have any questions about the
resolution tonight?
Champion/ No, I don't have any questions about the resolution at all. Uh, my question is though,
has there ... what discussion has there been, if we get all these plans for this animal
shelter, which is long overdue, uh, and then... urn ... one of those other jurisdictions, for
instance the County who had a lot of animals in the shelter.
Andrew/ Correct, they're about (both talking)
Champion/ ...decide they want in. We just say no? Has there been any discussion about that?
Markus/ Yes there has, and ... and urn ... I would say that there's probably adequate room in this
proposed facility to accommodate them, or to make slight adjustments to accommodate
them. If they decide that. So we're keeping that option open, as well.
Champion/ Okay.
Dobyns/ So do they get to avoid upfront capital costs?
Markus/ No (several talking). No, they will not.
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Dickens / And is there room to expand with this building if (both talking)
Markus/ Yes there would be. Yes.
Champion/ Thank you.
Markus/ We think that ... the facility still has room for our own growth in it, so we could utilize
the growth for another jurisdiction's current use and then consider additional funding
requests in the future to expand the facility, uh, to accommodate growth as it occurs.
Hayek/ Good! Well it looks like we're moving closer to an equitable resolution of this and...
Markus/ I think the challenge is going to be the operating agreements. (several talking) Not the
capital agreements, but the operating agreements.
Hayek/ Thanks, Simon, for...
Andrew/ Thank you!
Hayek/ ...succinct presentation! (laughter) Uh, Info ... Info Packet for March 29tH
Information Packets (3/29/12):
Throgmorton/ I'd like to ask a quick question related to the elevation of Dubuque Street, as a
flood protection measure, and I think, uh, Rick Fosse knows I'm going to ask this
question. Rick ... where is Rick? Where'd he go?
Markus/ He stepped out.
Throgmorton/ Oh!
Markus/ Yes, he does know that you're going to ask that question.
Throgmorton/ Well let me defer until he comes back in. He ... I assume he's coming back in.
Hayek/ Okay. We'll pick it up when he comes back.
Throgmorton/ Okay.
Hayek/ Uh, KXIC, uh, oh ... anybody up for April 18tH. (several talking)
Champion/ I lost the original schedule. Am I tomorrow or next week?
Karr/ (mumbled) ...let you know.
Champion/ Thanks. I looked everywhere for it!
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Throgmorton/ I could do May 2 or 9th would be best for me.
Hayek/ Okay!
Karr/ I'm sorry, May 2 "a.
Throgmorton/ Or 9th! (mumbled)
Mims/ I can do April 181h
Hayek/ I'll do, uh, May 9th
Karr/ Okay, so Jim, you have the 2na
Throgmorton/ Okay.
Hayek/ Need somebody for the 25th.
Champion/ I can do whatever is left. I don't have any big important travel plans.
Hayek/ Champion on the 25th!
Karr/ Thank you.
Champion/ The 251h
Hayek/ The 25th of April.
Champion/ Oh!
Hayek/ Is that okay?
Champion/ Yeah! That's fine. I think I'm also on tomorrow, but I lost my schedule.
Throgmorton/ I'm on tomorrow.
Champion/ Oh, you're on tomorrow!
Dickens/ I'll take May 23`a, is that still open?
Karr/ Thank you.
Hayek/ Okay.
Dobyns/ You're on two weeks in a row, Connie?
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Champion/ I don't know!
Karr I will double -check it, but Jim says he's tomorrow.
Champion/ Okay then, that's fine.
Hayek/ I can do May 301h as well.
Champion/ Maybe I skipped when I was (mumbled)
Hayek/ Okay. Other items from the Info Packet?
Throgmorton/ Still no Rick, aye?
Council Time:
Hayek/ All right. Uh, Council time. Uh, let me just mention a couple of things. Um, Jim,
you've got a conflict with ECICOG. I talked to Marian. I think we'll take it up in two
weeks, uh, and figure out how to do that.
Throgmorton/ Yeah, Terry, and I talked about it a little bit this afternoon also.
Dickens/ (mumbled)
Hayek/ Yeah, you went up and covered that.
Dickens/ I'll try to ... I can make some of `em but not all of `em.
Karr/ It's a formal Council appointment so we're going to have to put it on anyway. The
question is whether you would like to do it and then get an alternate at that time, so we'll
have to put it on the 17th anyway.
Hayek/ Yeah ... why don't you do that, and then if you can be in touch with both of them. Maybe
that's the first step to seeing if there's a resolution involving those two. (several talking)
Uh, and then, um ... uh, Rick has been ... has been invited to participate in the Partnership
for Alcohol Safety meetings, um, and ... and given his long history of work in that area, it
certainly makes sense to me and... and Rick wants to do it. I conferred with Marian.
There's no formal appointment to that, and so...
Dickens/ So moved! (laughter)
Hayek/ You're in it, but informally just like the rest of us are, and we'll get you on the list and...
Dobyns/ Okay.
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Hayek/ ... so thank you for... for doing that. Council... other Council time?
Throgmorton/ Well, I ... I want to bring up a topic and I think you're all aware of it, um, I ... I sent
by email, and it's my understanding I can't go into detail about this because it's not listed
as an agenda item, but what I sent you by email and I'll distribute it right now actually,
uh, is a proposed ... a draft resolution responding to the events surrounding, uh, the
shooting of Trayvon Martin, but especially, more importantly, responding to the Million
Hoodie March and... and the sense of grief and outrage that, uh, the, oh, approximately
500 people who attended that, uh, event last Monday, uh, expressed. I think there's a lot
of emotional turmoil surrounding that, uh, the shooting of Trayvon Martin and I think we
ought to respond to it. So I ... I've proposed that we consider and perhaps adopt a
resolution. I know we're not supposed to really kind of process that right here and right
now, but uh ... I ... I want to present it to you for consideration. I think I sent a copy to
you, didn't I? So, there's that. Tom, did I ... I think I sent one to you as well but...
Markus/ Yes.
Hayek/ So ... if-the decision for this group tonight is do we want to ... our work session agenda
in two weeks place this or something comparable to it on the agenda?
Throgmorton/ Right.
Hayek/ So...
Champion/ I'm willing to look at it. I think ... I have some problems with it. I mean, I think it's a
horrific situation, but it's happened to other citizens who weren't this particular child,
who have been shot by law officers or somebody with a gun who's supposed to be an
authority figure, and to me that's the real problem and not this particular case which is a
horrific thing, but the real problem is there are ... with some frequency, innocent people
being killed by authority figures with guns. And that to me is the real problem.
Mims/ I'm willing to look at it ... to discuss it in a work session, um ... but from a more limited
extent, just from philosophically of what we comment on national events and stuff, but
I'll hold that for that discussion, but to get at least three of us to put it on a work session,
I'm willing to do it on a more restricted level than what we've got here.
Hayek/ And, Jim, you and I have had some conversations over the last week about this, and I ... I
also take a more limited view of... of what the charge of this Council is in terms of
weighing in on issues of national or ... or international significance. Um ... but we can
have that discussion, uh, in two weeks, so why ... and there are already three so we've...
we've met the criteria to put it on the work session. So...
Throgmorton/ Right, and I just encourage you to read it carefully if you hadn't had a chance to
do it yet, and ... and then we'll talk about it.
Hayek/ Okay.
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Champion/ I think also we have to remember as individuals you have every right to respond.
Dobyns/ Yeah, and Jim, thanks for sending this out, just so we can, you know, take a look at it
and not be surprised by it. It does have a lot of import, but you know, for me I think the
to respond in a genuine manner is to look at it in a more limited and jurisdictionally
appropriate, um, view. In terms of what we can do that meets the merit of this statement
within our, you know, jurisdictional, um, abilities in this municipalities. And not broaden
it too much. So...
Throgmorton/ Right, and I completely acknowledge that, and I think what I ... what I've given
you ... takes that into account and tries to constrain what's being discussed.
Pending Work Session Tonics (IP4):
Hayek/ Okay. Well, we'll take that up at, uh, at the next work session. Thank you, Jim. Any
other Council time items? Okay. Pending work session topics. Anything on that?
Throgmorton/ Should we leave all those things on there? Are we actually going to get to them?
Hayek/ Frankly there's really not that much on there compared to (several talking and laughing)
Champion/ ...doing actually quite well!
Mims/ Yes.
Throgmorton/ So we ... we are going to work our way through them, that's... that's the idea. All
right.
Meeting Schedule/Upcoming Community Events /Council Invitations•
Hayek/ Okay, uh, meeting schedule, upcoming community events. Council invites.
Throgmorton/ Could I mention one thing?
Hayek/ Yeah.
Throgmorton/ Uh, some of the staff already know about this, and I ... I want to thank Tom
and ... and the Planning staff and others for, uh, Marian and others for supporting this, but
I will be guiding a Jane Jacobs Walk on May 5th. I'll explain that very briefly, but the
walk will go from basically the ped mall down Clinton Street to the old train depot, back
up Linn and Gilbert Streets basically. So what's a Jane Jacobs Walk? Jane Jacobs Walk,
it's a walk that's designed to honor a woman named Jane Jacobs who wrote (mumbled)
called The Death and Life of Great American Cities and three books about the economy
of cities and how to stimulate, uh, economies of cities. Uh, so it's going to be co-
sponsored by the, thanks to Tom, uh, to the City of Iowa City, by the School of Urban
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and Regional Planning at the University, by the City of Literature, and by the Center for
the Living City, which is I think a Washington, D.C. based group. So, more details will
be coming!
Hayek/ Great!
Dobyns/ (mumbled) people consider moving the Tuesday August 21s' meeting to a week earlier?
I can't recall. It's just a personal issue with vacations for me. Um...
Throgmorton/ August 21St you say?
Dobyns/ To August 14th I guess that would be. Um ... it looks like we were only going to have
one scheduled August meeting. Is that true, Marian, and then we probably our
subsequent one would be in September?
Karr / Right. I'll take a look at the schedule to see if there ... there was a reason we picked the
21St. I'd have to look at the schedule to what that was. But I can look at that and we can
talk about it.
Dobyns/ Okay.
Hayek/ Why don't we take it up in two weeks?
Dobyns/ Thank you.
Karr/ We can even talk about it at Council time tonight, I mean, later tonight. I just need to look
at if you want to, and then we can put it out in the revised schedule this week.
Hayek/ Yeah, I ... I mean, I can't even (several talking) I don't have a $500 piece of equipment
(mumbled)
Karr/ (laughter) Okay.
Hayek/ Yeah, I ... not yet at least! Okay, anything else on Council invites? Uh, the ... uh,
Recycling Center, uh, on Earth Day, which is April 22 °a, uh, there's a ribbon cutting for
that.
Champion/ Oh good!
Hayek/ Um ... which coincides with the second day of the wrestling tryouts, uh (several talking)
Bring them over in between their sessions and (laughter) have `em recycle! Okay. Uh, I
think that's it. We'll take a break and reconvene at 7:00.
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