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HomeMy WebLinkAbout2012-04-17 TranscriptionPage 1 ITEM 2. PROCLAMATION b. Week of the Young Child — April 22 -28 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Susan Gray representing the 4C's. (applause) Hayek: Thank you! Gray: My name is Susan Gray and I am a, um, part of the Iowa AEYC and Director of 4C's. On behalf of the early childhood community, I'd like to thank the Council for this recognition, and to just say there are approximately 200 days from a child's birth to when they enter kindergarten and it's this period that really determines to such a great extent their success at school and in life. So, we really appreciate the recognition of this stage of life. Thank you. Hayek: Thanks for all you do for the community. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 2 ITEM 4. Youth Advisory Commission Recognition Grant Awards Hayek: Would our reward recipients please come forward. Dobyns: While everyone's coming up, I'm Ricky Dobyns, um, a Councilperson and um, I am the, uh, liaison to our Youth Activities Commission. The Youth Activities Commission was put together by the Council several years ago, and Council and Mr. Mayor, the Youth Activities Commission is an opportunity, uh, for leadership for members of our high schools. There are seven members and four are from each of the high schools in the Iowa City area. It's a time for high school students to provide all of us on the Council with a sense of, you know, what they think this, you know, city should be doing, and what sort of things that they would like to be engaged in as far as city leadership, over and above what they're doing in their own schools. And so they're the group that awarded this, um, award that we're giving out tonight, and I'd like to introduce, uh, Leah Murray. (mumbled) why don't you guys introduce yourselves. Thornton: Um, I'm Edgar Thornton. I'm a sophomore at City High. Murray: And I'm Leah Murray, and I'm a senior at West High. And, uh, basically for the Youth Recognition Grant, um, we had 7th and 8th graders from Iowa ... from the Iowa City area submit, um, essays, a letter of recommendation, and fill out an application, and so basically I guess right here tonight to recognize the winners. Hayek: (mumbled) ...to me already. All right! Well welcome, everyone! Um, first of all I want to thank you for your work on the Commission. It's an important commission, and it's one that, uh, provides a lot of input to the City Council and ...and we're glad you're working with Rick and with City staff. So, but you guys are the ones we're really excited to see this evening. And, um, before I read these awards I just want to thank you for ... for what you do in your schools and what you ... what you do for your ... your community, and uh, the people up here on the City Council are, uh, leaders in the community and do their best, uh, when they get a chance to ... to work on the city issues and ... and make the decisions and... and try to make the city run better, and that kind of leadership can happen at any age. Um, your age and ... and ... and on up, and you're clearly, uh, demonstrating this to the community, which is why you're being ... uh, you're being recognized tonight. So, these are great lessons for you to not only learn yourselves, but in part to your classmates and your friends and ... and everybody else. So, we hope that they follow your lead. I'm going to read this, uh, award and maybe, uh, Council Member Dobyns, you could hand it to them and we can both shake their hands! Dobyns: Okay! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 3 Hayek: So, it reads as follows: uh, this is called a Youth Recognition Grant Award, and it says: in recognition of her leadership, involvement and originality within the community, we recognize you as the 2011 -2012 Youth Advisory Rec ... Recognition Grant Awardee. Your community is proud of you. Presented by the Iowa City City Council and the Youth Advisory Commission, uh, April 2012. Dobyns: (unable to hear, away from mic) Hayek: I want to congratulate you as well, Eleanor, Matilda. Congratulations, and keep up the good work! (applause) All right, and you're welcome to stick around and watch our meeting, or do your homework! (laughter) Your choice! (several talking and laughing) Okay. Rick, thank you for, uh, your leadership on that commission for the Council. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 4 ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Hayek: This is the opportunity at each, uh, formal Council meeting for members of the public to address the Council on issues that are not on the agenda. So if there's something you'd like to bring to our attention, and it's not on the agenda, I invite you to come forward, uh, please sign in, and also give us your name, uh, verbally and we ask that you limit your comments to five minutes or less. Sure! Come on forward, please! Struxness: Sign in here? Hayek: Yes, thank you. Struxness: Good evening! My name is Mari Struxness. I'm a resident of Ecumenical Towers. Uh, I sent some arguments, uh, which have been approved as included, uh, to your offices, and uh, what is happening is at Ecumenical Towers is that we are su ... subjected to extremely loud and very amplified, not only so- called music, but uh, screaming, yelling, etc., very disorderly behavior in the back alley. Uh, we've asked the Police for help. Nothing happens. There's no citations for disorderly or anything. Um ... and ... I had to resort to these and um ... cardboard boxes in my windows to try to block some of it, and even with these on, the amplification sound waves were so loud I was getting inner -ear pain. Extreme inner -ear pain. Um, so ... we're ... we're not the only residents downtown that get this problem, and I've come to learn that because this is a municipal improvement district, nothing really protects us ... as residents of this district because there's decibel levels for commercial interests, but not for us. Um ... and we think there's two issues here. There's simple public health of going deaf because of somebody else's misdeeds, and there's also an issue of equity because, um, I just don't think we should have to just by residing in Iowa City have to go deaf for the pleasure of others. And, um, I was going to ask you but actually I'm kind of begging you, if you could do anything to amend the ordinance on these that would include residents who live downtown, especially because I know you're wanting to recruit a whole bunch of professionals downtown too, and I'm sure they'd have the same complaint. Uh, I have a petition signed by quite a few Ec Towers residents that I'd like to give to you, if possible. And, um, if we also ask if you would agree to put this topic on a work agenda. And, we're just asking as City Council Members if you would do this for us. And I thank you very much for listening. Hayek: Thank you. And if... if you've brought your petition, you can maybe give it to the, uh, the City Clerk (mumbled) Struxness: After the meeting. Hayek: Okay, thank you! Karr: Can we have a motion to accept the petition? Mims: So moved. Champion: Second. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 5 Hayek: Moved by Mims, seconded by Champion. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. Would anyone else like to address the City Council during community comment? Whiston: My name's Dorothy Whiston and I'm, uh, on the steering committee of a group called the Coalition for Racial Justice, and I want to thank you all and say how encouraged I was that, uh, in considering Jim Throgmorton's resolution you've decided to in a sense go further than he even asked, um, by having a resolution proposed to the Council. Um, I want to just give you a little background about how this organization got going. In recent years in Iowa City enough religious leaders have heard, um, complaints and concerns by their parishioners and by others in the community about race relations in Iowa City and about challenges facing African Americans that in 2010 they ... the Consultation for Religious Communities set up a task force and made a commitment to, um, look into the area of race in Iowa City for five years, and in my long involvement with the Consultation, they've never committed to do anything for five years (laughter). So, um, it is a priority of that group, which is a... a coalition of about 35 religious organizations (mumbled) inter -faith organization. Um, after the first year or so, no ... first few months, we had an open meeting and invited a lot of people in the community to come. Probably 25 or 30 people came to that meeting. We now have a mailing list of about, um, 50 people who have been meeting once or twice a month now for more than two years. Um, so I just want you to know what a concern it is for a lot of people. When the Million Hoodie March was organized, uh, we ended up with an email list of over 300 people who want to be kept informed about what's going on in the area of race relations and racial disparity in our community. So I just want to stand here and say thank you and encourage you to listen to these stories, um, that we've been listening to now for a couple of years and to, um, take a broad look at the community in all areas of life in Iowa City and see what's going on and make appropriate response. So thank you very much. Hayek: Thank you. Throgmorton: Thanks, Dorothy. Eastham: My name is Charlie Eastham and I've also been participating in the Coalition for Racial Justice that Dorothy just described. Um, as I was listening to your discussion, uh, earlier during your informal session, I was very encouraged and pleased that so many of you are willing ... are wanting to, uh, to work as the leadership, elected leadership in this community, to address racial issues, and I was also reminded that some years ago, um... during another period where there was racial tension manifest in the community, uh, it... it occurred that someone wrote, uh, a very strong, negative racial slurs at I think a construction site in... in Iowa City, uh, maybe even a residential construction site. There was a lot of publicity about it in the local paper, and there was a good deal of, uh, of outrage in the community, and ... that occurred at a time when Ernie Lehman was Mayor of Iowa City, and I recall that Ernie and I think the President of the University got together and participated in a march, uh, from downtown Iowa City to I think across the river and as a demonstration to the community, to the community, that the elected officials of the community are concerned about what happens in the community (mumbled) race matters, and are willing to public dem ... publicly demonstrate that concern. And, I really commend all of you for, uh, your discussion earlier this evening, and uh, hope that, uh, we will continue, uh, to work with you, be able to work with you, as we can ... uh, continue to address racial issues within the community. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 6 Hayek: Thank you. Finnerty: Good evening. My name is Dianne Finnerty and I'm also here with the Coalition for Racial Justice. I echo what my, um, colleagues before me have said, but I would also add that I speak in support of another correspondence that you have, um, in regards to the Police Citizen Review Board and the recommendation that you have ... you have discussed in the past, but also has come forward again, that a committee be established to review the current structure, possibly the name of how the, uh, Police Citizen Review Board, um, functions. Uh, the Coalition for Racial Justice is riding in support of ..of a motion that was passed by the Iowa City Human Rights Commission, um, of which I'm also a member and that was passed at March 20d', at our March 20'h meeting, and if I may, um, you've received this correspondence today I believe, but the motion states that the Human Rights Commission, um, the ... the Coalition for Racial Justice supports the motion that the Human Rights Commission rec ... recommends to the Iowa City City Council that a committee is established to review the Police Citizen Review Board. The committee can be comprised of City staff and /or commissioners and /or councilors, and community members. And that it particularly investigates the strengths and challenges of the current model, but also takes into consideration whether it is the right model for this city. Um, the Commission and also I would say the Coalition, um, is cont... is concerned, particularly with some of the press that had, that the Police Citizen Review Board has recently received, um, in the wake of the Million Hoodie March. Also the concerns about people not knowing where to turn, and to bring their concerns and their complaints, but also that it is an internal committee, that it is a ... you ... you make a complaint to the Police Citizen Review Board that is first reported, or reviewed, by the Police Chief, um, rather than an independent structure. Uh, and so we're concerned ... um, it, the end result may be that it is the right model, but I think after five years of implementation that we strongly support the council relook at and review that model, um, so thank you. Hayek: Thanks, Dianne. Would anyone else like to address the City Council during community comment? Porter: Um, my name is RoyceAnn Porter and I am on the Coalition for Racial Justice. Um... I too, um, am very happy that, uh, you have agreed to go further, uh, with Jim's resolution, and uh, disparity in our own community, but I just want to stand before you to let you know that there are a lot of great things going on. Um, we do have the Iowa City Human Rights Commission has a forum on May 2nd at the Library in Room A, which is "Building Relationships and Creating Opportunities in the African American Community." This will be a panel of African American parents and youth who will get together and be able to talk about, um, their coming here to Iowa City and their ... their transformation here to, um, to Iowa City and what is has been for them. So we're able to be able to talk to a group of people. We're coming together and we just trying to get a hold. Uh, a lot of us as African Americans here in this town have experienced our own, um, disparity, our own injustice. So, um, me for one, I feel like I'm one and I'm going to speak up and speak out, and I'm going to try to be there to help others, to go through, um, it's not like we're lashing out and we think you should be doing this and that, but we just want you to hear what's being done. You need to know the truth because it happens right here in our city. We talk about Trayvon, but things are happening right here in Iowa City that should be looked upon. So we just thank ya'll for listening. Um, I'm on the Police Citizen Review Board. We have a forum which will be May 9th, the following week, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 7 which will be, um, in Room A at the Library. There's going to be a release of a play called "Mayberry." And that is going to happen, um, the end of the month, and we've also, um, April 29th we've come up with, uh, at Wetherby Park we will be having a community picnic for everybody to come out and get involved. We're just trying to get more people to just come out and get involved... with one another. You know. Um... there's a immigration round table, labor and immigration, struggle for justice, U.S. history and today, which will be May 7h' from 7:00 to 9:00 P.M. in the Iowa City Public Library. There's going to be a conference and community forum to address the trauma and human side of racial disparities, building a resilient and culturally responsive community, which is going to be June 14`h through the 15h'. We invite you to come out to that. Um, June 16th, which will be Saturday at noon at Mercer Park there will be a June, uh, Juneteenth celebration. And you know as a community -wide training on organized, uh, organizing for racial justice is also being planned for the summer. So, we just trying to make our community just so that everybody can fit in in the community. Thank you. Hayek: Thank you, RoyceAnn. Would anyone else like to address the Council during community comment? Okay. We appreciate the, uh, the input from our citizenry. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 8 ITEM 7b REZONING APPROXIMATELY 2.43 ACRES OF LAND FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) FOR PROPERTIES LOCATED EAST OF WEST SIDE DRIVE AND NORTH OF MORMON TREK BOULEVARD NEAR ITS INTERSECTION WITH HIGHWAY 1 WEST (REZ12- 00003). 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Any ex parte communications to disclose? (several responding) Okay. Jeff! Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development for the City. Uh, the item under consideration here is a request from McDonald's USA, uh, their request is for a rezoning from CI -1 to CC -2 zoning to allow the expansion of an existing restaurant, located at 2440 Mormon Trek Boulevard, and you can see the site here. The McDonald's is located on this lot right here. Uh, you will notice that there are three, a total of three lots shaded here. It did occur to us that the, uh, they request that's being made, uh, it makes sense to have all three lots included. The adjacent property owners did concur with that. So a ... although the request is from McDonald's, it would ... if approved, would apply to all three lots. Uh, just to orient you. Mormon Trek Boulevard, uh, West Side Park subdivision, uh, Highway 1, and uh, US Highway 218 over here. Urn ... uh, as mentioned the... the request was to ... is to allow the expansion of an existing McDonald's restaurant. Um, the existing CI -1 zoning, the Commercial Intensive zone, uh, was put in place in this area, uh, at a time when the vision for the area was for more, uh, commercial intensive, and even light industrial -type uses. There were a number of land use decisions that have been made in the, uh, in the intervening years, including, um, I mean, significantly the location of US Highway 218. Much closer to Iowa City than was an ... anticipated at the time that zoning went into place. Um, as well as the whole West Side Park subdivision that originally was, uh, intended to be a more, uh, commercial intensive or industrial type use. Uh, Kirkwood Community College even intended, uh, at one time to make use of that property. Ultimately ended up residential. Uh, you can see that the commercial office zoning was put into place as a transition to the more intensive commercial uses. So, the upshot here is that we do feel like what has evolved, uh, it leads to the CC -2 zoning being appropriate. Um, you know, basically the ... the difference between the two zoning categories, CI -1, uh, as the name says, commercial intensive, intended to be, um, land consumptive outdoor storage -type uses, whereas CC -2, such as the McDonald's restaurant, are uses that re ... rely on visibility and traffic count, which this location here has (mumbled). We would anticipate that there will be additional CI -1 zoning for which the change to CC -2 will be requested. Uh, we would anticipate more of those in the future. We do feel like, uh, it makes sense and that it is consistent with the, uh, Comprehensive This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 9 Plan. Um... any questions, uh, staff recommendation and Planning and Zoning recommendation is approval. Are there any questions? Payne: I do have a question, Jeff. Davidson: Yes, Michelle. Payne: Um, it doesn't make either one of those other two lots nonconforming by changing the zoning, does it? Davidson: No. They are uses allowed under CC -2. Anything else? Thank you. Hayek: Any, uh, input from the public? Or anybody else? Okay. I'll close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Dobyns: Move first consideration. Mims: Second. Hayek: Moved by Dobyns, seconded by Mims. Discussion? Roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 10 ITEM 7c AMENDING TITLE 14, ZONING, ARTICLES 2B AND 2C, AND PARAGRAPH 14- 4B -4A -7 TO ESTABLISH THREE AS THE MAXIMUM NUMBER OF BEDROOMS ALLOWED WITHIN A MULTI - FAMILY DWELLING UNIT IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES AND TO ESTABLISH NEW RESIDENTIAL DENSITY FORMULAS FOR MULTI - FAMILY USES LOCATED IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES. 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) The public hearing is open. Miklo: Bob Miklo with the Iowa City Planning Department, and I apologize. Um, as you know, our Comprehensive Plan encourages a diversity of housing in both our neighborhoods and our ... our downtown district. However, our current zoning code heavily favors development of, uh, apartments with a large number of bedrooms. Um, between 1996 and 2010, uh, the number of, uh, of apartments that were built in both the downtown and Central Planning District, if we look at those, uh, those numbers, 77% of the bedrooms in those apartments occurred in 4- and 5- bedroom apartments. So obviously our zoning ordinance is doing a really good job of encouraging, um, those, um, higher density apartments. The Council has supported addressing the concerns about 4- and 5- bedrooms, uh, with a ... with a amendment that's before you later tonight for second consideration. Our concern is if we stop there the incentive that's currently in place for 4- and 5- bedrooms will simply move to the 3- bedroom category and we're likely to see most of the apartments built downtown and in the nearby neighborhoods in... in the form of 3- bedrooms. Um, so this ordinance before you is, uh, proposing a graduated density formula. Uh, it's designed to regulate density in, uh, high - density multifamily zones and the Central Business Service zone, uh, by bedroom. Uh, so that you generally get the same number of bedrooms per acre, regardless of whether they're in 1 -, 2 -, or 3- bedroom apartments. In the Central, uh, Business zone where there is currently no maximum density, uh, to ensure a mix of...of unit types, uh, the ... the amendment before you proposes a maximum of 30% of the apartments in any one building, uh, would be, uh, 3- bedroom apartments. Um, these... this... these amendments are intended to take away the incentive to build mostly 3- bedroom, uh, apartments, but they also provide an incentive to, uh, build 1- bedroom apartments, where actually it's 100% of bonus for, uh, building 1- bedroom apartments, uh, in, uh, and near downtown. In the, uh, lower commercial, or lower density commercial zones, and the neighborhood stabilization zones where we're trying to encourage conservation rather than development, or redevelopment. Uh, we aren't proposing a density bonus, and examples of those zones would be the commercial office zone and the ... and the mixed -use zone. Uh, the Planning and Zoning Commission, uh did review these This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 11 proposals and recommended, uh, 5 -1 in favor of their, uh, adoption. Be happy to try to answer any questions. Hayek: May have to have you come back up, Bob, but let's, uh, let's, uh, open it up for community input. This is a public hearing, and so if you'd like to comment on this, we invite you to step forward. If you wouldn't mind signing in, and verbally giving us your name, as well. Thanks! Bails: My name is, uh, Mike Bails. I'm an Affiliate Member with the Home Builder's Association of Iowa City. And I was asked to come and speak tonight on behalf of the membership and provide, uh, the Mayor and ... and Council with some, uh, correspondence from the Home Builder's Association (away form mic) and the correspondence basically outlines, um, some proposed changes to the, uh, proposed amendments, uh, that you have in your packets. Um, as you'll see when you have an opportunity to review the information, um, it's not an opposition. I think there's many, many points that the Home Builder's, um, as a collective group, and homebuilders individually, um, agree on. Um, however, there are some concepts and some overarching themes in the information that you'll see, um, we would like to have the opportunity at least to have some dialogue, um, with everyone on ... so ... the biggest thing, um, to let you know, I'm an Affiliate Member. By trade I'm a real estate agent. Uh, Glenn Siders is here on behalf of the Home Builder's for any technical questions, but as ... as far as this particular issue, um, pertains ... the thing that comes to my mind is we ... we seem to be pushing, um, or advocating to push the student University housing into other zones and ... and districts. And, the ... the question that I pose is what are the unintended consequences? What ... by doing this in ... in the whole city, what are we not, um, prepared to deal with? Are there ... are, what else does it impact? Um, we're specifically relating to the University zone. That ... that's where the ... the issue seems to lie. There's, um, a specific select neighborhoods that ... that have, I think, identified issues and we're creating the solution to a problem for those issues, but applying it on a much greater scale to the whole city. And ... and that's what we'd really like the opportunity to sit down and ... and discuss, and... and see if there are other opportunities and... and things where we can agree. You know, are we solving the true problem by pushing it somewhere else, or is ... is this really, um, the ... the best intention. Not asking anyone to change their mind or change their position. What I'm really asking is that everyone understands what these amendments would truly change. And so, um, to summarize I would just say, you know, where is student housing better located if it's not located in a University impact zone. Thank you. Hayek: Thank you for the, uh, information and further materials. Any other, uh... commentary during this public hearing? Christel: Hello. My name is Carl Christel. And I'm, uh, I'm a post - doctoral scholar working at the University. And, uh, currently rent an apartment on east Jefferson Street, 1002 E. Jefferson Street. Um, I've lived in Iowa City now for three years, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 12 and during this period of time have been forced several times to move. Um, mostly due to the fact that a proper, um, apartments, single ... with single or two - bedrooms are hard to find and, for young professionals such as myself. Um, especially in adequate biking distance from the downtown area, where I, um, also work. Um ... I'm just going to make this very short. I believe that, um, the ... the discussed, um, items here today will help improve the neighborhoods in a way that they will be more adequate for young professionals and young couples, um, such as myself, and that will actually help to, uh, stabilize and increase the diversity of the neighborhoods in question. Thank you very much. Hayek: Thank you for your input. Would any ... anyone else like to address the Council? Hopp: Hi, I'm Karen Hopp of 26 N. Governor. I moved to this current address in 1953 with my mother and dad, and I have lived at this address for 45 years of the past 59. So I have seen a lot of changes in the city and in the area. Once ... what was once a quiet neighborhood is becoming much busier. Not only do we have Highway 1 going right past our houses, many homes that used to be owner- occupied are now either apartment houses or rooming houses. Plus there has been addition of multi-family ... multi-family ... multi- apartment complexes built just in the block west of me. And also there is a proposed one in the ... on the ... in the books. And these have a huge impact in the neighborhood. There's more people. Cars with no parking places to go, for either the tenants of the apartment complexes or for the owner- occupied homes. More pedestrian and car traffic in the neighborhood is leading to a dangerous environment. I'm not opposed to development; however, I would like to stress to you, the Council, to seriously consider to keep any future multi -unit apartment proposals to be less density, to I - and 2- bedrooms, you can throw in some 3- bedrooms, which would entice a mix of professional, retirees, as well as students. As it is now, no professional or retiree would consider renting in a multi - apartment building geared for student housing. And let's not forget the open or green space in these areas. Even the proposed ones. The green space should not be the 5 or 6 -foot that is the perimeter of the buildings, but an area in the back of the building or a courtyard for the tenants to enjoy, creating a livable environment. As it is now, there is none. The open space is either covered with concrete for parking or there's no parking on- site, thus the tenants scramble for parking that's already on a crowded street. Providing a parking space for each bed would definitely ease the parking problems and even prov ... and even providing visitor parking, at least two or three spaces would be quite nicely. Consider yourselves if you lived in a neighborhood that is becoming a University housing area. I'm sure you have the same ... you would have the same concerns that we do living in this area. The increase of the high density, would you be opposed to a large apartment complex being built next to you or across the street or in the next block? Also regarding 821 E. Jefferson Street, which is now the empty Medical Associates building; in my opinion this slot would be an ideal place for a mini -park, like a mini - College Street park. With the density of people living in the area and possibly I would even use it. I still like to shoot baskets, etc. I mean ... volleyball, you name it. I'm thinking it This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 13 would be ... get used a lot, and plus there was a sorority in those two large apartment houses, which everybody's familiar with. And I'm sure it would get used with all the ... the homeowners around there, as well as the student population. Thank you. Hayek: Thank you for your input. Anyone else before I close the public hearing? Okay, I'm going to close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Karr: Motion to accept correspondence. Payne: Motion to accept correspondence. Dobyns: Second. Hayek: Moved by Payne, seconded by Dobyns. Discussion? All those in favor say aye. Opposed say nay. (noise on mic) Carries 7 -0. Mims: Move first consideration. Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? Throgmorton: Uh, I'd like to ask a question about... Dilkes: Before you start, can we get a report from Planning on ... where the protests lie? Hayek: Yes! Miklo: Um, yes, urn ... in ... none of the zones affected by this, uh, proposal come anywhere near the 20 %, um, I ... can give you the exact figures if you'd like, but (mumbled) Hayek: Okay. So that's the... confirmation that a super- majority is not required, uh, for passage (both talking) Throgmorton: Yeah, so ... so I have basically a procedural question with regard to the ... the proposed amendments that Mike Bails just gave us, uh ... is ... is it, uh, is it possible ... uh, if we chose to do this, is it ... is it legally possible for us to, um, a... first of all, ask the staff to look at these proposed amendments and then report back to us about how ... what affects they would have. But secondly, to my vote first consideration on the, uh, on the ordinance, proposed ordinance before us, so ... and then if the, uh, if the amendments are ones that we would like, could we then, uh, vote to amend during second consideration? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 14 Dilkes: You can do all that, um, if you make substantive amendments at the second reading, you essentially back up to first reading so that you give three readings to that amended ordinance. Throgmorton: What constitutes a substantive amendment? Dilkes: Just glancing at the ones you've got in front of you, they probably are substantive. Throgmorton: Okay. Payne: And doing that, Eleanor, that wouldn't change anything with the 60 -day moratorium, would it? It's still 60 -days from the setting of the public hearing, which was tonight, so it's 60 -days from the setting of the public hearing. Dilkes: That's right. Payne: Okay. Dickens: I would agree with Jim. I would like to have some time to look over the recommendations from the, uh, Homebuilder's Association and discuss the, uh, University impact area, because that's been kind of a problem for me the whole way through, that it's such a big area and inclusive... includes a lot of different areas. I agree that the east ... the east of downtown is ... is a very fragile area, and I would ... I lived ... I owned an apartment house, a 3 -plex when I was very young in sweat equity and kept it for 27 years. I sold it over 10 years ago. It was a great area to grow up in. But, uh, I would really like to see the area defined a little more, where we're talking about, and look at some of these other ... uh, proposed amendments. Throgmorton: As a point of clarification, just make sure I'm not misunderstanding. Am I correct in understanding that the ordinance before us, the draft ordinance before us, did... does not include a University impact zone. It's the parking ordinance that includes the University impact zone? Dilkes: That's correct. Hayek: 7.d. Miklo: Next item on your agenda. Throgmorton: Yeah, so ... so that ... that really isn't at play, at least not ... not (several talking) of the University impact zone. I think their concern is what I was expressing through, uh, based on Mark Holtkamp's, uh, letter... earlier when we were having the work session meeting. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 15 Hayek: Well could we do first consideration tonight and get a response from staff for our packets in advance of second consideration? Champion: Totally! Mims: Yeah. (several responding) Hayek: Okay. Uh, further discussion of, uh, this item? Champion: Well I think people keep bringing up `where are students going to live.' There was still a lot of available land to build on in Iowa City, especially south of Burlington. Nobody wants to kick the students out of town! They're very important to our survival actually, but not all students are freshman and sophomore, and not all students want to live in 5- bedroom dorm -style apartments, where there's not even any living space. Uh, they really are unsupervised dorms, and they're creating havoc for citizens who live by them in our older neighborhoods, and I can't imagine that it's a good place for a young student who's just getting out of...out of their little small town to come here to school, and to live in, so I want to make that very clear — this is not an anti - student housing campaign! This is about better living conditions for everybody, and I'm going to support this ordinance. I am willing to look at the Home Builder's Association list. Payne: Very well said, Connie. I mean, definitely I agree with you. Champion: Thank you! That's the first time I've actually said something well! (laughter) Hayek: It's only been 12 years! (laughter) Other discussion on this item? Mims: Well I think it's ... a lot of us have said as we've been looking at these over the last few weeks, it ... it's a matter about finding ... a matter of finding balance, and uh, the importance obviously, as Connie just said in terms of students in our community, um, importance ... I think it's supporting, uh, the developers and economic development, importance of supporting the single - family homeowners in these areas, and neighborhood stabilization. So it's all about finding that balance, and so I think, you know, as you looked at that graph earlier, uh, I think it was from 1996 -2010, the number of 4- and 5- bedroom apartments that have been built in this area versus the number of efficiencies, 1- and 2- bedrooms, uh, really is incredibly dramatic. And I think, you know, as we move forward with this and try to, you know, limit the number of, uh, or basically end the building of the 4- and 5- bedrooms, again, there's plenty of space for students, but creating that balance so we can continue to try and stabilize those neighborhoods, but again, as Connie said, always more than interested in looking at, um, different suggestions and input from the public. So, very interested in looking at what the Home Builders... Home Builders Association has proposed. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 16 Payne: I also think it's interesting to note that the 4- and 5- bedroom was an unintended consequence of the way our ... code is written now. Something that we never intended that happened. So it's important to think about what the consequences of our actions are. Dobyns: And react to it, if necessary. Payne: Yes! Exactly! Dickens: Hopefully this doesn't cause the 3- bedrooms to start moving out. Because there's still going to be a great number of people coming to Iowa City. And everybody likes to live downtown! So I ... as Karen, I believe, said, hopefully this doesn't become a consequence of you know starting to move into the other neighborhoods with the 3- bedroom and so on, so... Throgmorton: I ... I agree, Terry, and I ... I think this is why it's so important that we get the, uh, Riverside Crossings district right. Otherwise it could, uh, build out in a way that we wouldn't be very happy with. Hayek: Well, I ... I'm supportive, uh, I mean, this is consistent with the household, uh, legislation we passed first consideration of, uh, at our last meeting. It's consistent with, uh, what we've defined as a clear goal of the Council, uh, with respect to neighborhood stabilization. Um, I am interested in this input and um, I appreciate the manner in which it's presented, and I ... and I know our staff will take a good look at it, and I ... I want to take a look at it before second consideration, so thank you for that. Further discussion? Okay, roll call then. Item, uh, first consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 17 ITEM 7d AMENDING TITLE 14, ZONING, ARTICLE 5A, OFF - STREET PARKING AND LOADING STANDARDS, TO INCREASE THE NUMBER OF REQUIRED PARKING SPACES FOR CERTAIN MULTI - FAMILY DWELLING UNITS WHEN LOCATED WITHIN A DESIGNATED UNIVERSITY IMPACT AREA (UTA). 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) The public hearing is open. Miklo: Just wanted to, um, show you a map outlining the University impact area. Uh, if these amendments are adopted, um, any apartment built within this area would be required to provide one parking space per bedroom. So one for 1- bedroom, two for 2- bedroom, and three, uh, for 3- bedrooms. Payne: Except the CB -10, right? That we talked about earlier? Miklo: That's correct. Throgmorton: Bob, since you're up (laughter) I ... I want to ask you a question, which really is to express a concern. And ... and to be enlightened as well. My concern has to do with the effect of the ... the proposed parking ordinance on the streetscape, and on the, uh, the ... the ways in which, uh, depending on how parking's actually designed around a particular building, it could really have an adverse effect on, uh, on the quality of the streetscape, and hence on the quality of neighborhoods, quality of the block, and quality of the neighborhoods. So I'm wondering if you can help me understand, uh, how ... how this, um, how these amendments would ...would play out with regard to a ... a, any new building in the University zone. When I ask the question I'm thinking about, uh, and I don't know the address. Nancy probably does with, uh, the building that's, uh, near Ralston Creek that was built maybe 10 years ago or thereabouts that has parking on the first floor. Miklo: Sure. Throgmorton: And it's a large building, you know, so that kind of thing is not very helpful from a neighborly... streetscape kind of point of view. Help me out. Miklo: In fact as a result of that building we did adopt, that and a few other buildings, we have adopted standards in our zoning code regarding the placement and design of parking. It, uh, basically can't be in the front yard of a multi - family building. It has to be behind the building, or enclosed within the walls of the ... of the building, and if it's, uh, visible from the street in any way, it has to be landscaped and screened. So I believe we ... our code currently addresses, um, that concern about the effect on the streetscape. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 18 Payne: Which ... the building, the new building right to the east of there that's between the building I think you're talking about and Ralston Creek, the parking is underneath, and it's built totally differently, correct? Miklo: That's correct. As a result of our current standards. Throgmorton: Is that the building that has, um, I don't know, a veranda up about, you know, basically a four, up from the sidewalk? Miklo: We're speaking of the building at Jefferson and Lucas Street. And that's... that's, um, that building, the parking is underneath the building. The building is raised up. That's partially because of the parking, but also because it's in the flood plain and so it was necessary to raise it up to get it out of the flood plain. Mims: Bob, was there any discussion in this of looking at ... rather than a strict one -for- one parking to bedroom ratio of, um, you know, if somebody's building a big enough building with enough bedrooms, you know, and you're close enough to the University, recognizing the fact that not necessarily everybody is going to have a car and ... and that's one reason some people want to live that close in, of doing some percentage reduction based on the total number of bedrooms in a facility, in a building. Was that considered at all or... Miklo: That's not a ... a formula that we ... that we looked at. Um, one of the things that we are going to be looking at in our next, uh, stage of amendments is a, um, a dormitory provision, that would allow private dormitories and there (mumbled) ways of working with the University to provide perhaps off -site parking for storage, um... so that's, uh, one of the ways we're looking at those types of buildings, that would possibly have less of a demand for parking. Mims: Okay. Thank you! Throgmorton: Susan's question reminds me of a development in Freiburg, Germany called Vauban, and that development has, uh, virtually no cars in it, and uh, you cannot rent or buy space in that area unless you commit to not owning a car, con... contractually commit to it. So if... if there were some kind of legally binding commitment, uh, kind of (both talking) Champion: That's un- American! Un- American, Jim (laughter) Throgmorton: I know. Um, that's the only way I ... I could see moving in that direction. Hayek: Good luck with that! (several talking) Okay. Further, uh, public input on this? Bails: Uh, Mike B ... Bails with the, uh, Homebuilder's Association again. I just wanted to just, uh, quickly point out that although most of the proposed amendments we had were for the ... the earlier amendment, um, we do have a couple of This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 19 considerations for the ... for the parking, and again, you'll see in that, as well, that, um, it's not opposition. We ... there's a lot of things that we agree on. There's just a couple points of clarification we'd like to have the opportunity to discuss. So ... thank you. Hayek: Thank you for that. Anyone else, uh, during the public hearing? Carlson: My name's Nancy Carlson and I live at 1002 E. Jefferson. And I guess ... when we stand here tonight, we're talking about concepts. When I go home to my house, I live with reality. Oftentimes those are two entirely different things. You're talking about making changes in the number of parking spaces or making allowances, which is a great concept. But when I go home, I don't live with that concept. I live with the fact that the ... there are cars everywhere, that you can't find a parking place, that if you have somebody come to visit you they might not be able to find a parking place. So ... sometimes I get very frustrated with people who don't live in my area who tell me what my area should be like and what should happen in my area. I live in my area 24 -hours a day, seven days a week! I know what it's like living there, and I know what it's like living for ... I know what it's like for everyone living there to live there. And sometimes it's very, very uncomfortable. Parking is one of the major problems in our area. I'm not ... I am concerned about what happens to the amount of space that parking takes up on a lot. Uh, but at the same time, it's nice to know that when you come home or if somebody comes to your house to visit you they can find a parking space. There are no easy answers to any of these questions. If there were, it would have been solved a long time ago. But, when you need ... when you look at these questions you need to take into consideration that you are talking about people who go home and live with them 24 -hours a day. Thank you. Hayek: Thank you for the comments. McLaughlin: Good evening. Uh, my name's Mike McLaughlin, uh, below on the handout there are three potential development projects I'd planned into the future for two zones that are under moratorium due to the proposed zoning codes, uh, the former item that was heard tonight and then the, uh, parking proposal that is currently under public hearing. Um ... number one, uh, was 18 3- bedroom, uh, 2 -bath condominiums at an approximate cost of $2.5 million. After the proposed amendments, I'd be able to construct 12 3- bedroom, 2 -bath condominiums at an approximate cost of $1,750,000. Uh, project two was 13 3- bedroom, 2 -bath condominiums ... condominiums at an approximate cost of $1,150,000. After the proposed amendments, I would be able to construct eight 3- bedroom, 2 -bath, and one 2- bedroom, 2 -bath condominiums at an approximate cost of $1,350,000. Projects item ... project items one and two are reduced by over 30% due to the repar ... parking proposal of one space per each bedroom. None of these project costs takes into consideration any demolition costs or debt amounts currently owed on the property. They would be just construction of the new building. All projects present the maximum number of bedrooms in each case before and after This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 20 proposals, regardless of combination of it be 1 -, 2 -, or 3- bedroom units. Uh, both of these projects are in the RM -44 zone, which currently requires 1,000 square feet per each constructed unit. The proposed amendments will require 500 square feet for a 1- bedroom unit, 1,000 square feet for a 2- bedroom unit, and 1,500 square feet for a 3- bedroom unit. These projects are located in the area bordered by Gilbert, Burlington, and Dodge Streets, and north of the railroad. This area is 100% rented residences. Uh, item three would be a project, um, which I had hoped for 10 4- bedroom, 2 -bath condominiums at an approximate cost of, uh, $1.7 million. After these proposed amendments I would be able to build six 3- bedroom, 2 -bath and one 2- bedroom, uh, 2 -bath condominiums at an approximate cost of $1,025,000. Project item three is reduced by approximately 40% due to the reduction of the non - related occupancy limit from four to three, which I believe you'll be, uh, having your second consideration this evening. Project item three is then reduced again by the lot square footage increase in the RNS -20 zone, which this project lies in, from the current requirement of 1,800 square feet per unit to the proposed requirement of 2,700 square feet for a 3- bedroom unit in this zone. Um, in parentheses I've noted that 1- and 2- bedroom units are required to have 1,800 square feet each under the new proposal. Uh, a neighboring project built within the last five years has nine 4- bedroom units and one... and a 1- bedroom unit, with less total lot square footage than the project I have for item three. This project will be very doubtful at ever being developed since the current structures have a combined 26 bedrooms and the maximum number of bedrooms with any combination of 1 -, 2 -, or 3- bedrooms under the proposed amendments would be 20 total bedrooms. In other words I'd be going backwards by six bedrooms. If you calculate the difference in all three projects from before and after the proposed amendments that equates to ... a $2,025,000 loss in tax base. If project three is not developed, which it most likely ... the loss in tax base is $3,050,000. None of these projects currently require any review from the Planning and Zoning Commission or the Board of Adjustment. These are in compliance with the cur ... the current coning... current zoning code requirements. The multi - family residential zones require minimum amount of lot square footage per unit, thus limiting your lot to a finite... finite number of units. Currently 1,000 square feet per unit is required in the RM -44 zone, and 1,800 square feet is required in the RNS -20 zone. Currently you can build 3- bedroom units in each of these zones by fulfilling the aforementioned lot square footage requirements. The proposed amendments require 1,000 square feet in the RM -44 zones to build a 2- bedroom unit, and 1,500 square feet to build a 3- bedroom unit. Hayek: Mr. McLaughlin, you're coming up on your time. If you could kind of... McLaughlin: Yep! Just a few more sentences. (several talking) In the RNS -20 zone, a 2- bedroom unit requires 1,800 square feet, and a 3- bedroom unit requires 2,700 square feet. The proposed graduated lot square footage requirements reduce the bedrooms by one bedroom per unit if you choose to develop the same number of units on your finite lot. Otherwise as I noted in parentheses, to build 3- bedroom units you must reduce the total number of 3- bedroom units by at least one - third. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 21 Assuming that one non - related individual uses each bedroom, results in these proposed amendments having the effect of reducing the non - related occupants to two per unit. This proposal is more restrictive than any other zone that you have previously limited to three non - related individuals by changing the definition of the word `household.' The property owners in these zones are therefore being treated unfairly compared to property owners in other zones that have limited, been limited to three non - related individuals. Uh, lastly here, assuming the requirement for par ... for parking is to keep automobiles off the streets, what development will occur in the future after these proposals are passed will have minimal effect on the streets currently lined with cars. It would be more effective to not allow street parking on selected streets in the University impact area than require more parking from new multi - family developments. Not allowing on- street parking on selected streets will require drivers to lease private parking, utilize public parking ramps, or not bring their vehicles to town. This would have a greater overall affect by patronizing public parking ramps, increase utilization of pu ... public trans ... transit, increasing safety, making streets more bicycle friendly, and allowing easier access during snow emergencies and street cleaning. Thank you. Hayek: Thank you. Anyone else during the public hearing? Wright: Good evening, I'm Mike Wright at 225 N. Lucas Street. Uh, I'm using my Barry White voice this evening. (laughter) Um, and I'll be very brief here, but I just wanted to, uh, give you basically a report from the trenches when it comes to parking. Um, 200...200 block of north Lucas Street is exactly a 50150 mix of owner- occupied and rentals, student rentals. Um ... house next door to me to the north, it's a duplex, um, allows I believe, uh, three unrelated people, in each unit; six cars. House to my south, 4- bedroom four cars. House on the corner, four unrelated people, four bedrooms; magically there are six cars! And to..to address your point, Susan, it's a 20- minute walk to the University. Tops. People who walk it every day still bring their cars to town. It's still (mumbled) to impossible to get a parking space on the street. So ... please bear that in mind. Thank you! Hayek: Thanks, Mike. Tank: My name is Jack Tank. I own a property on 514 N. Dubuque Street. It's basically right on Dubuque Street. Uh, I've owned it for many years. I'm not a developer. I own the place. I don't plan to do any development on it. It's an older home. Uh, parking situations and all the discussions we're having, people who presently are in situations like myself that own properties, and may have owned a property for 27 years, is that ... when you have a house that's a hundred and some odd years old at some point it needs to have something done to it, and a lot of these changes and the... affecting the value quite a bit. In the parking situation that we have here, I do have parking and the spots I have, uh, over half my tenants at that location don't have cars. They walk across the street and go to the University. It's close in. That's why they live there. And to have a one -size- This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 22 fit -all for all of this parking business seems a little bit overkill. And, uh, I think that a one - size - fit -all does not make any sense at all. I think many times when you do that you have a taking on properties that people have been long -term players, have played by the rules, uh, I don't want to be a developer. I don't need to be a developer. But this sort of thing penalizes people who wanted to be long- term players. So be careful what you wish for, because it sends a signal to people to say, `Hmm, maybe I don't want to be a long -term player here.' Maybe I'll just leave my place and let it run down and whatever, because at some point you know my alternatives not very good. And I think it's a concern; it's a big concern. And I think it's a taking, and I think you ought to consider very seriously when you're doing that, and yes we have all kinds of problems with parking. I understand that completely. But don't punish people who have played by the rules for a long time. In my case, I have parking right there. In my case, I couldn't rebuild anything close to what I have that close downtown, if that property is destroyed by a tornado like went through six or seven years ago. Just my point. Thanks. Hayek: Thank you. Anyone else? Okay. I'll close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Karr: Motion to accept correspondence. Payne: Motion to accept correspondence. Dobyns: Second. Hayek: Moved by Payne, seconded by Dobyns. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. Can we confirm, uh, the protest vote situation? Miklo: Yes, there is not a sufficient, uh, protest petition to, um, bring in the ... the super - majority. Hayek: Okay. Thank you. Mims: Move first consideration. Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? Throgmorton: I wonder if, um, Eleanor can address the takings claims, or topic that just came UP. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 23 Dilkes: Well I can give you the standard. I wouldn't have signed off on it if I thought that there was a, um ... large potential for a legitimate takings claim. Um, the ... in order to have a takings claim you have to really, um, I think the ... you have to show that there's been a near destruction of the beneficial value of the property. Um, mere diminution in value of the property is not sufficient. Um, obviously a takings analysis is a fact -based analysis, and I have about this much of the facts here. So, that's about as much as I can tell you. Payne: I guess I think the same thing that we did before, that ... I mean, part of those HBA recommendations address this issue too, so I would like those to be part of this and ... just like we did last time I guess like... Hayek: Essentially have staff look at those in advance (both talking) Payne: ...in relationship to this too. Hayek: Yeah, I ... I think we can do that. Throgmorton: I ... I think it'd be reasonable to ask them to look at what Mike McLaughlin, uh, gave us, as well. Uh, you know, we haven't had a chance to think about it or read it, but Mike read it for us, but uh, I'd like to hear what staff has to say about it. Hayek: So I think essentially what ... what staff's being asked to do in connection with second consideration is vet the input we've received tonight and provide some report to us for ... in advance of the meeting. Mims: Yes. Champion: I think we have to remember that when we change zoning, we do affect people who own the land, uh, especially when you downzone. That's basically what we're doing. However, I would ... it doesn't mean that this land is not developable and profitable. I would have to take this as a real grain of salt. This I could actually put my ears into. Um ... so I don't view it as a ... as a taking. I view it as any zoning change that we do, as what we think is going to be good for the future of Iowa City. Maybe not for a few individuals that I hear tonight, but in the long run it's better for the city, and it's better for the people who live here, whether they're students or permanent residents, or transients or whatever. I don't care who lives here. I love everybody! But I am going to support this, because I think that every decision I've tried to make on this Council is what I think's going to be important 50 years from now. Not next year and not in six months. Thank you for coming tonight, everyone who spoke! Mims: Well the other thing that I would just add too is just as a reminder to everybody that ... with all these changes that we're looking at, all the current uses are grandfathered in. Um, and so there would be no changes to the current uses of any of the properties. They'd got their ... if they have their rental permits, it tells This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 24 how many people they can rent to, etc., and so they do not go under the new rules. Uh, I do recognize, as Mr. Tank said, that if you have, uh, major destruction of a property, that can be a game - changer. But, minus that, uh, those properties are grandfathered in. I think that's very important. Hayek: Um, could ... this is a question I know you had, uh, Terry, and it was essentially the geographic scope of the University impact area. Dickens: Right. Hayek: Could staff speak to that, and tell us how they arrived at that footprint, if you will? Payne: And that is one of the ... points on the Homebuilder's... Hayek: Yeah. Miklo: We looked at, uh, areas adjacent to campus and uh, downtown that were addressed in the, uh, specifically the Southwest District plan. Identified these areas, uh, as being impacted by the Univer ... their proximity to the University of Iowa, uh, and then the Central District plan, uh, addressed the neighborhoods east of downtown as being affected or impacted by, uh, the University of Iowa. Most of these, uh ... uh, are ... a good portion of these areas are not zoned multi - family and therefore are not going to be affected by, uh, the parking requirement. Um, but those areas that are zoned multi - family, that's where we've had complaints and concerns about spillover parking, either from, uh, residents in the neighborhood or businesses nearby that compete for the, uh, available parking. Uh, we also added in, uh, this portion of Manville Heights, the ... the RNS -20 portion, uh, again, because it's adjacent to the University, even though it's not addressed in any of the district plans at this point. Payne: Can we ask a question? Hayek: Oh yeah! Ask away! Payne: The ... the portion that is zoned, um, residential, not zoned multi - family. Why would it be included then? What benefit does it have and what ... what are the... Miklo: We ... we hope to use this, uh, this tool for some of the other initiatives, uh, for example this is the ... this area pretty much coincides with the, um, the University Neighborhood Partnership area, where the City and the University invest in, uh, rental properties and uh, restore those and ... and make them available for ... for, um, owner occupancy. Some of the other neighborhood stabilization techniques that we're hoping to use, we could see applying to this area. This larger area. Dickens: A historical district wouldn't even be ... considered because it has certain regulations of its own, doesn't it? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 25 Miklo: Yes. There are some historic... several historic districts within this area, um, that ...that are regulated by the, uh, historic, uh, overlay requirements. Payne: But right now this ... zone or area only affects the ... we only have this one standard parking that would be affected in this area. Miklo: Right. There are ... are multi - family areas farther away from the University that would not be affected. Uh, for example, those on Scott Boulevard. If they built a 3- bedroom apartment, they would be required to only provide two parking spaces. Um, the, uh, the logic of that is as you get farther out, um ... uh, apartments tend to be occupied by families or ... or couples, where there ... where not necessarily every individual owns a car, and so there ... we feel there's less of a need for this ...this increased parking requirement. Hayek: Thanks. Payne: Thank you. Hayek: Questions from Council or discussion items? Hearing none, uh ... I'll ask for roll call. Item, uh, first consideration of Item 7.d passes 6 -1, uh, Dickens in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 26 ITEM 7e 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. (SECOND CONSIDERATION) Champion: Move second consideration. Throgmorton: Second. Hayek: Moved by Champion, seconded by Throgmorton. Discussion? I think consistent with past practice, if there's input from the community, um, we would allow that at this time. Okay. Any, uh, further Council discussion? Roll call, please. Second consideration passes 6 -1, Dickens in the negative. Karr: Motion to accept correspondence. Mims: So moved. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 27 ITEM 12. ASSESSING A $300.00 CIVIL PENALTY AGAINST RED POPPY PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011) a. CONDUCT HEARING Hayek: Item a is to conduct a hearing on this matter which we will do at this time. You disappeared on me, Andy (both talking) Chappell: Yes! Sorry! (both talking, laughter) Tonight we have three hearings... we'll actually have. Uh, these are all relative to tobacco civil penalties. I'm sorry, Andy Chappell with the Johnson County Attorney's Office. Hayek: Thank you. Chappell: Um, we handle the civil enforcement of these civil penalties on behalf of the City, and whenever a clerk at a business that has a retail cigarette permit sells or provides tobacco to a minor in violation of Iowa Code Section 453A.22 the business is then assessed a civil penalty pursuant to 453A.22. The first one is Red Poppy. I think they're going to eventually pay, but because of the timing issues we didn't receive their waiver so we'll actually have the hearing, um, so all I basically need to tell you is that one of their employees sold tobacco to a minor as ... as part of a compliance check and so I would recommend you assess the civil penalty. It's the first such violation within a two -year period, which means it's a $300 civil penalty. That's all I have to say on this one. Hayek: Is anyone from Red Poppy here? Okay. Is there anything, uh, you wish to add further, Mr. Chappell? Chappell: No. b. CONSIDER A RESOLUTION Mims: Move the resolution. Dickens: Second. (noise on mic) Hayek: Moved by ... Mims, seconded by Dickens. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 28 ITEM 13. ASSESSING A $300.00 CIVIL PENALTY AGAINST RUSS' NORTHSIDE PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011) a. CONDUCT HEARING Hayek: Do the same, uh, rigmarole here. We'll conduct the hearing at this time. Mr. Chappell. Chappell: Also with Russ' Northside this is the first violation, uh, by one of Russ' employees within a two -year period. The civil penalty should be $300. Hayek: Thought I saw John earlier this evening. Is he ... proprietor of Russ'. So ... okay. Uh, anything further you wish to add? Chappell: No. Hayek: Okay. b. CONSIDER A RESOLUTION Champion: Move the resolution. Payne: Second. Hayek: Moved by Champion, seconded by Payne. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 29 ITEM 14. ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES TOBACCO PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011) a. CONDUCT HEARING Chappell: Also with, uh, Zombies Tobacco, this is their first violation within a two -year period. The civil penalty should be $300. Hayek: Is anyone from Zombies Tobacco here? b. CONSIDER A RESOLUTION Dobyns: Move the resolution. Payne: Second. Hayek: Is there anything further you wish to add, Mr. Chappell? Chappell: No (mumbled) (laughter) Hayek: Okay, um, moved by, uh, precipitously be, uh, Dobyns, seconded by Payne. Discussion? Roll call, please. Item passes 7 -0. You know what, why don't we take a ... a 7- minute break and we'll resume at, uh, around 8:30. Thank you. (BREAK) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 30 ITEM 18. CONSIDER A RESOLUTION APPROVING REVISION TO THE PROPOSED EXTERIOR DESIGN OF 114 S. DUBUQUE STREET IN ACCORDANCE WITH THE AGREEMENT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY AND CENTRAL PARK L.L.C. Mims: Move the resolution. Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? We, uh, we had a fairly lengthy, uh, discussion during our work session, um ... and so I know the Councilors have talked about this, but is there anything else people want to add to ...to this discussion? Payne: The only thing I guess I would like to add is if the ... if staff could ... craft something so that if we have this in the future we have some guidelines to go by. So it's not just a hit -n -miss. I guess I would be interested in that. Hayek: Okay. I mean ... it is not an amendment to this resolution, but it's just an interest (both talking) you're raising. Payne: Yeah. Throgmorton: So, uh, would that apply to any po ... potential developments on the pedestrian mall? Champion: I think she's talking about the cantilevers. Throgmorton: I know. But, uh, I'm trying to especially constrain it so ... (several talking) Markus: We had that discussion at staff too. If you'd constrain it just to the mall area, or... or would it apply in all zones. So... Hayek: I mean, it seems to me we'd (both talking) work session such an issue. Throgmorton: Yeah. Can't deal with it now. Dilkes: I think it just requires study and ... and a recommendation. Hayek: Right. Throgmorton: I ... I guess I want to say a few things. You know, it was a very, uh, informative work session. Uh, I expressed, um ... um, verbalized several concerns about the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 31 design, but when I heard from Jann ... what's ... what's Jann's last name? I didn't... Hayek: Ream. Throgmorton: Jann Reamer, right, and from Marc Moen, um, my concerns about the design, uh, urn ... trailed off. That's a good thing. Made me feel a lot more positive about what, uh, what's, uh, being proposed in this revision. But I ... I had no idea that additional square footage was embedded in the proposal and ... and that concerns me a lot. Uh, so one thing, urn ... especially the, uh, cantilever... that's right, the cantilever part that extends out over the pedestrian m ... the main part of the pedestrian mall, the part that runs, uh, north- south. Uh, the 4 -foot cantilever that extends out over that, and uh, Matt during our work sess ... work session expressed very clearly how important, and you will elaborate, I guess, Matt, uh, very clearly how important the ped mall is to, uh, to uh, the people of the city. Uh, and so that ... that ... the fact that this additional square footage comes as a surprise, uh, to me at least, uh, at this moment makes me really hesitant to approve the full, uh ... um, proposal. Uh, Matt, you had a suggestion. I don't know if you want to bring that up, or if...if it would be all right for me to suggest it, but... Hayek: Well, it's not really a suggestion. I mean, I ... I can reiterate my ... my concerns. I don't have a problem with additional square footage. And I don't have a... and I'm ... and I'm, the advantage of this proposal is an expansion of the tax base, and a... and a quicker pay -back of .. of the TIF debt, um, and frankly a better design. Um, and ... but where I stumble on this is as it relates to the, um, sale... permanent sale of air space within our pedestrian mall. Um, which I think is unprecedented, and for which we don't have any particular, uh, policy or guidelines in place. Um, I'm comfortable with that on the ... on the north side of this structure, in the Black Hawk Mini Park, uh, because we, um, did approve that with respect to minor balconies in the original design. Uh, we ... this ... this is not a ... that area is not a thoroughfare. It was only recently dedicated as right -of -way really in just connection with... with... with this proj ... project. So I'm not concerned about that, which is the majority of the cantilever design modification, but I can't get past on the ... on the west end, which is where the ped mall is, um ... the ... the sale of this public, uh, good, uh, to the private sector. Um ... I worry about the precedent it sets. I worry about requests in the future, uh, with other projects around downtown, and I'm just ... I'm not comfortable with it, and I say that with hesitation because there are so many positive elements to this that I clearly recognize, uh, on ... on the other side of the coin. Payne: The design part of it is the positive part of it, I mean, it actually (both talking) it looks far better to look at it to see it there, it kind of breaks it up so it's not just a flat wall. Hayek: I mean, and I assume and this is not ... this would be at the developer's discretion, I mean, I assume they could ... they could still do the cantilever, but bump This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 32 everything 4 -feet east so that the first 4 -feet of the ground floor are set back, and then the cantilever part comes out to the property line. Champion: They don't have any land behind that building to move (both talking) Hayek: No, it would shorten the east -west footprint. Um... Champion: And so then you're going to lose square footage. Payne: Of that bottom floor. Hayek: So ... but I ... I spoke at length about this during the work session. I think I've conveyed my concerns. I'm probably in the minority, but ... but it's something I'm not comfortable with. Champion: I hope you are in the minority this time. I usually agree with you, but right now I don't. (laughter) Mims: Yes. I mean, I share that concern to a certain extent, and I ... and I think that's why Michelle mentioned, as you say and we talked about this a lot at the work session that I think we're all interested in having staff look at that after this in terms of any future requests that we might get in terms of those air rights, um, on public property in terms of...of selling those and having some kind of standard so we're not just going kind of on a gut feeling with ... with future, possible future requests. For me in this particular case, I agree with what's been said. I think the design is much better. Uh, I really like the look of it, and I think the fact that you're going up 7 to 18 feet before you get that cantilever into the public air space, um, really doesn't seem to have, to me, you know much of an impact, um, and Mr. Moen spoke about the fact that, you know, he owns the building that is directly to the south and not impacting, you know, the visual space for that, etc. So I'm ... I'm comfortable with it and as we've talked with the idea that we'll... we'll look at getting some kind of standards or guidelines for future requests. Champion: It's not the first time we've sold air space. What about the Sheraton? Look at all that air space they got. Throgmorton: Where's that? I mean, the air space? Champion: When they built across the, across the road ... across the road. That was a public - owned road. Dilkes: They own that property. We have a public access easement through it. Champion: No, but I mean, when they ... built it. I mean, that was Dubuque Street. And so the hotel came, and they must have bought the air space above that ... foyer (several talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 33 Dilkes: They probably bought the whole ground. (several talking) Champion: So I mean it's not the first time we've allowed, uh, building in our air space. So I think it's a worthwhile project and I'm going to totally support it. Hayek: Further discussion? Throgmorton: Well, the ... yeah, I just ... pick up on something Connie said. It's a ... I absolutely agree it's a worthwhile project. I ... I've said that time and again to Marc and ...and to others. So, and I want it to succeed. I'm just concerned about the intrusion into the ped mall part, um, in a way that might alter the, uh, the ... the vibe of the place, alter the ... the way it works and functions as a social space, and it's so important to the city, um, I'm concerned about it. Dilkes: One clarification, the resolution in your packet refers to 18 -feet. I think the discussion was that, um, the underside would start at 17. So I'm assuming that's part of the motion. Hayek: Further discussion? Roll call, please. Item passes 5 -2, Throgmorton and Hayek in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 34 ITEM 20. CONSIDER A RESOLUTION APPROVING THE PURCHASE OF 2229 MUSCATINE AVENUE, (FORMER KERR MCGEE SERVICE STATION), A.199 ACRE PARCEL OF PROPERTY ON THE CORNER OF MUSCATINE AND FIRST AVENUE FOR NEIGHBORHOOD IMPROVEMENT WITHIN THE AREA. Mims: Move the resolution. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? Mims: I think it's great to see this ... I think it's great to see this happening. That thing's been sitting there empty for years and years. So I'm glad we're going to be able to see some improvement there. Champion: Oh, I know it. Throgmorton: I'm absolutely shocked and startled. This is great news! Hayek: Yeah. Dickens: I'm old enough to remember buying gas there. (laughter) Throgmorton: Me too! (laughter) Hayek: Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 35 ITEM 21. CONSIDER A RESOLUTION OF INTENT TO APPROVE AN ECONOMIC DEVELOPMENT GRANT IN THE FORM OF 4 YEARS OF TAX INCREMENT FINANCING REBATES NOT TO EXCEED $170,000, SHOULD ALPLA, 2258 HEINZ RD., IOWA CITY SELECT IOWA CITY FOR ITS EXPANSION PROJECT. Payne: Move resolution. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Throgmorton: In our work session, I raised lots of concerns, or questions really, about, uh, where the resources used, uh, by this firm, uh, come from, uh, what percent is recycled material, uh, how energy- intensive the facility is, uh, what kind of waste they produce, and whether the ... the uh, plastic bottles they ... they produce are recyclable, and I got pretty good answers to, uh, those questions. The only exception being I think that it's a very electricity dependent, uh, process, uh, which I think means that like 40% of the electricity they use comes from coal plants. Uh, though Michelle's going to be checking on that data for me, if I remember rightly. But I ... I was pleased with the responses, and then there's obviously a significant number of jobs at stake and uh, the ... the TIF amount that we're proposing is not terribly expensive. So I'm going to support this. Hayek: I ... I ... this is a, uh, Alpla is an excellent local industrial stakeholder. I had the, uh, opportunity to tour the facility not too long ago and was very impressed by it. Um, their employment numbers are... are huge, um, and we have on two or three prior occasions worked with them on expansions, with this kind of arrangement, and I think it has worked very well, um, and I ... I think this is a very good, um, example of our ability to partner with the private sector. Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 36 ITEM 22. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS PROJECT. Hayek: Um, engineer's estimate on this was $3.7 million. Parks and Rec recommends awarding the contract, including alternate #1, to Tricon Construction of Dubuque in the amount of $3,341,000. Payne: Move resolution. Mims: Second. Hayek: Moved by Payne, seconded by Mims. Discussion? I just want to note, uh, that my law firm performs sporadic work for Tricon out of Dubuque. Uh, and I want to disclose that. I also spoke to the City Attorney earlier today. We have zero role in this project in ... in particular, and based on that, it was ... it was, the conclusion was that there's no conflict and that I can vote on this, but I just want to be clear about that. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 37 ITEM 24. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER IOWA AVENUE PROPERTY LLC, AND TENANT JIMMY JACK MAC, INC., D/B /A BASTA, FOR A SIDEWALK CAFE. Champion: Move ... move the resolution. Dickens: Second. Hayek: Moved by Champion, seconded by Dobyns, er, Dickens. Discussion? Champion: I thought we were going to leave this ... this'd all be done administratively now. Was I wrong? Karr: We just passed that earlier this evening. (laughter) Markus: We're not that quick! Champion: I thought I'd passed it last week. (laughter) Karr: Not quite. Next time! Be the last one (both talking) Champion: All right. Great! Hayek: Further discussion (both talking) Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 38 ITEM 26. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE FINANCE DEPARTMENT, THE CITY MANAGER'S OFFICE, AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE POSITIONS OF SENIOR DOCUMENT SPECIALIST AND DOCUMENT SERVICES SUPERVISOR FROM THE DOCUMENT SERVICES DIVISION OF THE FINANCE DEPARTMENT, ELIMINATING THE WEB DEVELOPER POSITION FROM THE INFORMATION TECHNOLOGY SERVICES DIVISION AND ADDING THE POSITIONS OF COMMUNICATIONS COORDINATOR, COMMUNICATIONS ASSISTANT, AND ELECTRONIC COMMUNICATIONS SPECIALIST TO THE CITY MANAGER'S OFFICE. THE RESOLUTION ALSO ELIMINATES THE DOCUMENT SERVICES DIVISION OF THE FINANCE DEPARTMENT. Mims: Move the resolution. Payne: Second. Hayek: Moved by, uh, Mims, seconded by Payne. Discussion? Throgmorton: Wondered if we could get, uh, ask Geoff to very briefly explain why this is being proposed? Fruin: Sure. This is, uh, I guess I would consider a ... a minor reorganization, urn ... within our department structure that has the potential to have some profoundly positive impacts on the way we communicate with our residents and businesses, and uh, as we've I think Council through your strategic planning process identified, um, a goal of more coordinated strategic communication. Uh, we've certainly had those, um, discussions internally with our management team and we really felt that there was a fundamental obstacle to achieving that goal, and that was the, um, the ... the manner in which our communication professionals were working. They were very much, um, in positions, in a position that, um, they reacted to requests from the department. They weren't necessarily, um, taking a more global look at how we communicate. So we feel by pulling them out of the ... the division structure and putting them in the Manager's office we'll expose them to the organization a little bit more. They'll know, uh, certainly more about what's happening, uh, in City Hall and they'll be able to, um, dictate and guide our communications as opposed to just reacting to, uh periodic requests for assistance. Throgmorton: Great! Thanks! Hayek: Further discussion? Very nice work on ... on this, uh, and the explanation, the written explanation and everything, I thought, was very impressive. Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 39 ITEM 27. CONSIDER A RESOLUTION APPROVING AND ADOPTING THE NEW PURCHASING MANUAL FOR CITY PROCUREMENT. Champion: Move the resolution. Payne: Second. Hayek: Moved by Champion, seconded by Payne. Discussion? Throgmorton: Full disclosure, I have not read the whole thing. Champion: No, I have ... I was going to say, I could not read the whole thing (mumbled) just a breakdown of what we're really getting to here? Hayek: Why don't you do that, and I know we have at least one comment from the, uh, audience. Fruin: Yeah, sure. Um, so ... I don't think we expected you to read all 30 pages (laughter and several talking) of the purchasing manual (laughter) so let me ... let me take a quick minute and walk you through. Um, our purchasing policies, um, that guided how we procure our goods and services here, um, I think safe to say they were outdated. The last update came in 1980, and as a result, um, the organization I'd say outgrew the policies and we started to have, um, different departments that, urn ... procured their goods and services in different ways, which I think, um, is not only good for internal efficiency purposes, it also can expose the City to some risk, and I think it's confusing on the business community when there may be different expectations or different standards and rules, um, depending on who may be, um, procuring the goods and services. So we've ... we really felt that this was an important thing to do. What the purchasing manual does is ... is it sets forth the, um, the manner in which, um, a staff person, uh, can procure the goods or services, and it also, um, prescribes, um, who has the authority to approve such purchases. So, what we did, um, and really the lion's share of the work was done by Eric Goers in Eleanor's office and Mary Nichtel, our purchasing agent, who's here today. Um, they spent considerable amount of time looking at other communities and... and um, drawing on our experiences here to craft the ... the, uh, the manual. So, um, I think I'll walk you through the major points of it and then, um, can certainly respond to questions. Uh, the goals that we had set forth, um, first was to streamline the process, make the process a little bit more efficient. That was one of the concerns we've heard from the business community is that it was very cumbersome doing business with the City in some instances. Um, we wanted to ensure that, uh, we were getting a competitive, um, field out there when we were looking to procure the goods and services, and also we wanted to ... to make sure that we were holding ourselves accountable for the, um, processes that we follow. Um ... the next thing is we wanted to minimize our risks. Certainly that's why we have the professional purchasing staff. We want to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 40 make sure that we're going about things the right way, and then really introducing a new concept, um, with the ... the hope of keeping more dollars local here in Johnson County, we wanted to roll out a local preference policy, and I'll talk about that in a little bit. So real quickly the steps through the, um, purchasing process. Number one seems like a very common sense rule but it's important to state. Before we procure a good or service we have to have the budgetary authority to do so. So it has to be an approved item in the budget, or um, before purchasing the staff would have to seek a budget amendment to move forward. Again, pretty common sense, but it ... an important step. The next is, excuse me, who has the... authority to approve a purchase, and we've grouped the, uh, two categories here. There's, uh, your typical goods and commodities, um, and operational services, and there's professional and technical services. Um, a good or commodity, you can see in the memo on the second page that under $20,000, um, we would suggest that the Department Director be able to approve that purchase. Again, assuming it has the budget ... he or she has the budgetary authority. Uh, between 20,000 and 150,000 the City Manager would have approval authority, which is consistent with an existing, uh, resolution, I think that the Council considered last fall. And then purchases above 150,000 those would require the extra step of... of, um, garnering your approval. On the professional and technical services, those thresholds change, uh slightly in that the ... uh, thresholds going to Council shrinks from 150,000 to 50,000 and reason for that is partly because, typically when you procure goods and ... or, the professional and technical services, um, you're doing so on an RFP basis and there's more criteria than strictly price. Most of the time when you're doing a good, or a... or an operational service it may just be strictly on price, but as you get to the technical services, um, oftentimes there's other criteria, and I think it's important that, uh, that the elected officials understand what that criteria is. So, uh, next would be the, um, the process in which the staff goes forward and uh, procures the goods or services. Um, currently, um, you know, highlighting one of the issues, currently, uh, our policy requires that anything over $5,000 goes through a sealed bid process, which is a, or an RFP process, which is a very time consuming process, not only for staff to put it together, advertise the bids, um, but it can be very cumbersome for businesses to respond to that, and the $5,000 level may have been appropriate in 1980 but I ... I would certainly make the argument that that's, um, overly burdensome right now. So we're, um, suggesting that we bump that up to, um, $20,000 on goods and services where you'd have to go through a ... a competitive sealed bid. Uh, below 20,000, uh, down to 5,000 would just be competitive quotes. So we're ... we're still seeking, urn ... competition if you will, but it can just be a... a written quote or a... a quote given over the phone or fax, um, from three different vendors. And then 5,000 or less, um, would be more of a subjective, urn ... uh, a process we're not necessarily going to require our staff to get three quotes in all cases if it's under $5,000 but um, they would draw upon their past exp ... experiences and industry knowledge to make sure they're getting a competitive price. The technical services threshold, it bumps up a little simply because, you know, those are more expensive to procure when you're looking at, uh, lawyers or accountants, um... $5,000, even the $10,000 threshold doesn't This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 41 ...doesn't get you much in these days. So, those thresholds get bumped up a little bit. Lastly I'll just mention the local preference policy. Uh, this is something that we're very excited about. We looked at several different models and um, settled on one that we think accomplishes, um, two main goals. Number one, let's keep as, uh, much of the public dollars that we have here local, but number two, let's also ensure that we're getting the best deal for our taxpayers, and oftentimes I've seen local preference policies where a ... a city will, um, they're willing to pay a little bit of a higher price, um, to ... to buy local and uh, while I think that's a... an admirable step, I would, uh ... much rather advocate for what we have here, which is, if a non -local vendor, uh, has the lowest bid and there's a... a local vendor that missed out on that opportunity and they're within 5% of that bid price or that quote, they would have the opportunity to match that. So we're still getting the best price and the local vendor still has the opportunity to secure that, um, that business with the City. So I think that's a ... that's a good balance and uh, we've defined local business here as, um, a... a business in Johnson County. That includes all types of businesses, um, franchises, branch operations, uh, mom -and- pop stores, big box stores, it includes if they have a presence in Johnson County, um, they would be included in this policy. So, we'll urn ... uh, go forward and ...and uh, this'll be a new experience for the City and we'll certainly document our, um, our experiences as they occur and uh, if there's need to ... to come back and tweak that a little bit, we certainly can. And I would like to thank, uh, Rebecca Neades from the Chamber, um, for, um ... helping us, uh, solicit some input from David Bywater, uh, here as representing the local government subcommittee at the Chamber. David and several other businesses in the community were, um, kind enough to spend some time as we were drafting this and give us some feedback on, not only their experiences and ... and how they viewed the existing conditions or the existing practices of the City, but also gave us some good suggestions on ... on how we might look forward and ... and uh, they've, um, committed to providing feedback going forward here. So as we get used to these new purchasing, uh, procedures, I'm sure we'll hear from `em, uh, on what's working and what may need some revisiting. Hayek: Thanks, Geoff. David, do you want ... you want to address us? Bywater: I am David Bywater. Uh, I am of 211 Post Road here in Iowa City, and I'm present and CEO of a company called The Economy Advertising Company here in Iowa City. Founded in 1896 here by my great- great - grandfather. It's a fun story to tell and we enjoy telling it. You may know us as, uh, Bankers Advertising Company and Tru Art Color Graphics, and we've been doing business with the City for a long, long time. It is both a privilege to do business with the City, and a privilege to be here. We enjoy doing business in this community. I'm here this evening because I really wanted to thank the staff and Council for their interest in this policy and for participating in the process of developing it. Matt and I had a meeting at our business back in September where I ... I brought up the ... the fact that the cumbersome... the purchasing policies a little bit cumbersome and it needed to be addressed in a certain way, and he took This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 42 that back to staff and we started to have a conversation. Kevin O'Malley and I, and Tom Markus, had a conversation in November to further work on this. I know it's a policy that's kind of been under review for a long, long time. Um, Geoff really got the ball rolling, uh, as he said, as he started to work with staff further in, I want to say January, February, uh, but all along the process both Geoff and Marian and others were very involved in... in seeking out input from the business community, seeking our thoughts along the way, and addressing, uh, the specific needs and concerns that we might have. And I compliment them for that open process and the discovery that they did to do this in a way that ... that is, I think going to be very beneficial for the City. This is a good document. Um, we're excited about it. The Chamber committee that met had very few comments about what needed to change in terms of the draft, uh, document that was put before us. Um, Geoff mentioned the purchasing, or the local preference policy. I like it a lot, because we're not asking, uh, for a favor in terms of local businesses. Uh, we are asking to be heard, and we are asking to some extent to be ... to have an understanding that ... that your local business practitioners here bring a lot to the table in terms of institutional knowledge about how the community works, and about how your specific needs might be met. Um, but as Geoff points out, the City pays the price that they otherwise would have paid and the bid process is open to anyone and everyone. We are simply saying at the end of the day, if the local's within 5% and the local chooses to match, they can have that work, and I think that's a good ... good strategy. Um, I also, uh, we talked about the definition of local, um ... and I think this has been addressed in the document more specifically to say that a local business is one that pays property taxes in Johnson County and one that has a payroll here. Um, and uh, the definition could involve a franchise, it could involve a business that might be owned elsewhere and so forth, but at least we know through that definition that it is a... someone who has a local commitment, someone has local footings here. Uh, and we think that makes a lot of sense. Um, as ... as Geoff indicated, there's a couple things that ... that are, I won't say concerns, but things that we think should be continued to be reviewed as this process goes forward. Um, and uh, the City has agreed, or the staff has agreed, to address needs as they might come up. In other words to make this document somewhat living and breathing, uh, in a way that's constructive and purposeful for the ... for the business community. Um, I would cite two of those things, being one the REP as in Paul versus RFB versus bid, uh, process with the idea being that that is still a little loose in terms of its overall definition and when you use which where, and uh, and Geoff indicated that the desire was to kind of feel that process out as we go along, and I think the Chamber group was comfortable with that. Um, we also ask that there might be a consideration for an ability for local businesses to pre - qualify. In other words related to the RFP process in particular, some of those documents can get quite lengthy, and if there's a way for us to be known with the City through a pre - qualification process, um, where we could eliminate some of the paperwork involved in that, we would be happy to participate, or we would hope that we could advance that ...that proposal. But I...at...at this moment, I would encourage you to vote for this, um ... uh, the adoption of this manual. Uh, and say that ... that I strongly This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 43 support it. I think it's a good document and I'm very, very happy with the process that the City went through to get citizen input, especially local business input, and as I said, I think it's a good document. Thank you. Hayek: Thanks, David, for those comments. And... and thanks to the Chamber generally for its role in this, uh, important process to streamline how we buy things. Any further discussion? Champion: Well I really like the local option, um, I'm a firm believer in shopping locally. I have always done it, and my family felt the same way. So I think it's a positive move. Hayek: Roll call, please. Throgmorton: Terrific project. I'm glad to support it. Dilkes: And just to clarify, the ... the motion you're adopting includes the changes set forth in the memo from Eric ... that you received. Hayek: Right. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 44 ITEM 29. CONSIDER A RESOLUTION FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, OF THE CITY OF IOWA CITY, STATE OF IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Payne: Move resolution. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Mims: Just note that this'll save us approximately $422,000. Good on the fact that we spend less on interest, but there's still that big negative out there, that the money we have invested isn't making much either! (laughter) Hayek: That's true! Look at those quarterly reports! Mims: Yeah! Hayek: Further, uh, discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 45 ITEM 34. CONSIDER A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002, DATED NOVEMBER 1, 2002, AND GENERAL OBLIGATION BONDS, SERIES 2003, DATED DECEMBER 15, 2003, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND DIRECTING NOTICE BE GIVEN. Dobyns: Move the resolution. Payne: Second. Hayek: Moved by Dobyns, seconded by Payne. Discussion? Champion: (both talking) Mims: (both talking) I would just make one comment before we finish with all these resolutions on General Obligation bonds, etc. And that is the importance of the City maintaining its triple -A bond rating. Um, that allows us to get the lowest interest rates out there, and um, I know Kevin has always watched that very carefully and tried to guide us on that and since Tom's been here, um, that's certainly a very important piece of what he does for us too in terms of...I joked one day that Kevin was the most fiscally conservative person in the room and Tom said he wasn't quite sure that he ... thought he might beat him. So between the two of them (laughter) uh, they keep us on a good path in terms of fiscal responsibility and keeping that bond rating high, which is very important to us. O'Malley: Thank you for those comments, uh, good evening, Mayor and Council. I'm sorry I put you through all those resolutions (laughter). Usually we put those on the Consent Calendar. Uh, this resolution that you're working on now is actually a redemption of two issues. Um, first issue is, got about three years left on it and as, uh, Council Member Mims said, we're not making anything on our reserve cash. We're making about 40 basis points, and these two issues are, excuse me, in the last stages of .. of... of 10...10 to 12 years, and so the higher interest rates are about 3% and 3 1/2% both, and uh, we'll save about $160,000 of interest costs, but we'll have to use our current funds. So, since we're not making anything in interest, we figure it's a good idea to get this debt retired. Is there any comments about those two, uh, two bond issues? Champion: Is that ... what an obligation refunding bond is? O'Malley: That one was, uh, I think it was a 1996 bond. We refunded that early. And that was a long bond. It was ... I think it was a 13 -year bond, and so (both talking) every seven years ... yes, I'm redeeming it. It's like calling your mortgage early. And we ... actually we haven't done that, uh, for about 15 years. Champion: No, I don't remember it being happening before. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 46 O'Malley: No. Sothis is ... this is ... this is new for me. Champion: It's a new word for me too. I don't refund anything (both talking) O'Malley: ...as Finance Director doing a redemption and not a recall. Or refunding rather. Hayek: Thanks for your work, Kevin. Steady as she goes, and your ... your comment is ... is apropos and uh, you know, the triple -A we've maintained for many years, I believe, is, um, is proving its worth, and I think that is something we're keen on maintaining going forward. Mims: Definitely! Champion: But I think that's an interesting point, and I hadn't really thought about it, that if you're debt interest is higher than your earning and your money market, you should just pay off your debt. O'Malley: That's correct, Connie. Champion: I don't have any debt (mumbled) O'Malley: Only reason I'm staying up here is because the next issue is mine too. (laughter) Hayek: All right! You're up here to pressure us, okay! (laughter) Uh, further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 47 ITEM 35. CONSIDER A RESOLUTION APPROVING POST - ISSUANCE COMPLIANCE POLICY. Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? O'Malley: Okay. This is also something new. The IRS is, uh, not trusting many cities or counties that may have read some cities and counties throughout the United States haven't been doing a good job honoring their, uh, continuing disclosure certificates, or their tax exemption certificates so the IRS requires us to file a form with each one of our bond issues called an 8038 -G and they've added a couple of lines there saying we should have a, uh, post- issuance compliance policy. Essentially it says that every year we'll look at all our issues and make sure that we're disclosing things properly and following the letter of the law. Payne: Can you sign your name on that? O'Malley: Yes, I sign my name (laughter) Any questions? Champion: Thank you. Mims: Thank you, Kevin. Hayek: Further discussion on Council? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 48 ITEM 38. COUNCIL COMMITTEE APPOINTMENTS Hayek: Um, do we need to take action on that? Karr: I think if we just reaffirm the appointment of ..Jim Throgmorton will retain the appointment with the alternate of Terry Dickens. Hayek: Okay. Mims: The other one I missed when we were in the work session that we've had some, a little bit of discussion on, I know Michelle and I have, the ... the CEO board that I was on, I think my first two years on the Council. Jim is on it now. Have you been to, have they had a meeting? Throgmorton: No. At least not that I've been told. (laughter) Mims: Okay. They ... they only meet about ... the CEO only meets about twice a year, and this is part of the CEO / RWIB (Regional Workforce Investment) Board which is ... like Workforce Development, okay? There's... there's a lot of detail and there's a lot of history to that and it gets ... I've sat through a number of meetings where I didn't understand a lot of what was going on. The RWIB Board meets monthly. They have a position open that is evidently... it's, you have to apply to the State, to the Governor. It's ... it's a political committee that has to be balanced by political party, and they are looking for a female Republican or female Independent, preferably I guess a Republican, uh, and they're having trouble in this area 10, which is the 7- county area that kind of...Kirkwood Community College resides in basically, um, of finding an elected official to fit that spot. Um, we actually have one in Michelle, and so they have an interest in, and have asked her to apply for it. The answer I haven't gotten back, and I don't know if you have yet for sure, Michelle. I've talked with Carter and I'm not really sure if there's a possibility of two positions there or if what we really would need to do if we wanted to help them out with that would be to change our appointment to that and have Michelle do the whole thing, and I just ... I haven't had the chance to talk to you about it, Jim, and I don't know how you feel about it. Throgmorton: I have no idea! Mims: Yeah, it's ... it's an interest... kind of an interesting committee, but the CEO part of it only meets twice a year. So... Hayek: Well is the position in representation of the City at that board or is it... Mims: No, its... Hayek: ...personal appointment? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 49 Mims: Carter wasn't completely clear. Payne: I did actually send my stuff to him. Mims: Did you? Payne: For the...because it has to go to the Governor. Mims: Right. Payne: I mean, you have to include your personal resume and everything you've been on in your life on there, you know, every board and ... I mean, I think ... to me it's more personal, but they need an elected official. Mims: Well, maybe we can just wait and see what you hear back and then if it means that you have to be on the CEO / RWIB board to do that, then maybe we could take this up later. Payne: And he didn't say anything about that board to be on this board. Mims: Okay. Well then ... then maybe that's not the case. Hayek: My sense is that this doesn't require us to take any action for Michelle to do this, but if you... if you guys get information contrary, let's take a look at it again. Mims: Okay. Payne: And they send two applications into the Governor, so they're looking for somebody else to send in and then the Governor actually selects, I guess (both talking) Hayek: You may not get it! Payne: Correct! Champion: (mumbled) Payne: Well, it could be an Independent! Champion: Oh, I see. (laughter) Hayek: Connie, Connie, Connie! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 50 ITEM 40. CITY COUNCIL INFORMATION. Hayek: Um, so that moves us to Item 40, City Council information, but before we do I want ... I wanted to give Cody a chance to talk. This is, uh, Cody's last meeting. Mims: Yes! Graham: Uh, good evening, my name is Cody Graham and I am the University of Iowa Student Government Liaison to the City Council. Um, as you know my term as the City Council Liaison expires on May 1St, and tonight's meeting will be my last meeting as liaison before I turn the reins over, uh, to my successor, who I will introduce to you momentarily. Uh, but before I do I wanted to take this opportunity to thank you, uh, for giving UISG this unique opportunity, uh, to actively participate in this process. The decisions that are made in this room, uh, impact us all, residents and students alike, and by allowing this liaison position, you are ensuring that an often underrepresented population, this city has a voice, and so I ... I just want to thank you for that, first of all. Although this position is still young and continues to evolve each year it seems, I am confident that it will continue to forge a greater partnership between the University of Iowa and the City of Iowa City for years to come. Uh, I am thankful for my experience here and without question, I have a newfound appreciation for the impact, uh that municipal government has on the lives of its citizens. I can say, or I can't say enough about how humbling it really has been to watch how hard this Council, uh, and this City staff works to serve the needs of... of the city. It's been really amazing to watch how hard all of you work and how dedicated you are, week in and week out. So, uh, finally I want to thank each member of this Council, um, Marian and Eleanor, and the many members of the staff who have been so accommodating to me since I arrived last fall. Uh, it really has been an incredible experience so thank you all. Uh, now before I get too carried away up here, I will now introduce my successor, uh, Matt Uttermark stepped up late last fall with very little notice and has proven himself, uh, to be more than capable to assume the full ros ... responsibilities, uh, of the City Council Liaison, uh, and I am confident that he will, uh, be a great representative of the student body. So without any further ado, I'll let Matt get up here and say a few words. So, thank you! Mims: Thank you, Cody. Uttermark: Hi, I'm Matt Uttermark and I will be replacing, uh, Cody Graham as the new, uh, UISG City Council Liaison. I would like to thank Cody for the, uh, just absolutely amazing amount of work that he has put in in his term as City Council Liaison here. He's really done a remarkable job and has really helped me sort of, uh, prepare myself for taking on this position. Uh, just a little bit about myself. I am currently on the Exec Board of Delta Tao Delta Fraternity on campus where I serve as Director of Academic Affairs. Uh, outside of UISG I also serve with the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012. Page 51 UIowa Wishmaker's Foundation, helping to raise money for the Make -a -Wish Foundation nationally, as well as next year I will be serving as an writing fellow within the University. Uh, when I first came to my first City Council meeting here I was absolutely awestruck by the ability of this municipal government, um, to make a connection with every single type of citizen that they have within their confines. Everyone from the elderly to students on campus have a direct line of access one way or another into making an impact within their city, and that really surprised me. Um, I'm very grateful that you give, uh, UISG and the students on the University of Iowa campus such a direct and purposeful link to, uh, local government. And I'm very excited to begin my tenure with you'all. Thank you. Hayek: Thanks. Cody, I ... uh, Matt, we welcome you and we look forward to working with you, and uh, and you're an impressive young man already and you haven't even taken up the position, and ... and Cody, I just ... I want to thank you. You've shown yourself to be an eloquent and mature, uh, representative, and ... and I think that has made you a more effective representative from UI ... UISG, um, and I ... I just know that everybody around here has such a high opinion of you and ... and you're going to do well, uh, in years to come. Thank you for your service! Okay. Well, uh, City Council information — start down with you! Good Doctor! Payne: None tonight! Dickens: Get ready to wrestle! This weekend, uh, we're going to be invaded with the Asics wrestling trials and, uh, all of Iowa City should welcome all these people. It's going to be a great time! Mims: Nothing! Champion: It'll be fun this weekend! That's all I have to say. Hayek: (several talking and laughing) Uh, I want to remind people, uh, this Sunday in addition to Olympic wrestling, and I'll be there in the morning to watch the Olympic - wannabes wrestle at Carver. I think it's 1:00 is the East Side Recycling, uh, opening. Uh... Payne: The ribbon cutting's at ... 1:00, is that right? Hayek: I think that's right. (several talking) ... sort of confused looks. Yeah. (several talking) So ... it's the opening of a very, uh, excellent facility for the citizens of Iowa City. So... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of April 17, 2012.