HomeMy WebLinkAbout2012-09-04 TranscriptionPage 1
ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA)
Hayek: This is the opportunity at each City Council meeting for members of the public to
address the City Council regarding items that are not on the agenda. So if there's
something that's not on tonight's agenda that you would like to bring to our
attention I invite you to step forward, please in and also verbally give us your
name, uh, and we ask that you keep your lim ... comments to five minutes or less.
Wright: Five minutes or less? (laughter)
Hayek: If you're up to it, Mr. Wright! (laughter)
Wright: Good evening! I'm Mike Wright. I live at 225 N. Lucas Street. I'm also the
Coordinator of the Northside Neighborhood Association and I will try to be brief
tonight, although it's tough when I'm talking about my neighborhood. Uh, you
may all have noticed I'm a little bit passionate when it comes to Iowa City's core
neighborhoods. These are neighborhoods that add, uh, a great deal to the charm
of Iowa City, and they are to use a, uh, a somewhat tired term: fragile
neighborhoods. Uh, if we don't do something to stance the slow bleed in
neighborhoods like the Northside or College Green or Miller Orchard, they're
going to be lost. I'm convinced of that. And it's going to be one house at a time,
uh, probably for short-term financial interest. We have, uh, typically in Iowa City
been reactive to neighborhood problems. We have not taken it ... tried to get out
in front of these issues. We often reacted instead of being proactive. And
sometimes this has worked and sometimes it has not, but we need to start being
aggressively proactive. We need to consider some new ideas, ideas like proximity
zoning where, uh, if there's a ... there'll be no new rental permits within so many
feet of an existing rental permit, for example. That worked for liquor licenses
downtown. We should maybe try that in neighborhoods. We need to
dramatically expand the UniverCity program, which has been immensely
successful and shows that there are a lot of people that want to live in the core
neighborhoods, if they can afford it! Uh, because we've had our rental take -all
culture, uh, property values in some of the core neighborhoods are grossly inflated
to the point where a five- bedroom house with a five- person rental permit that's an
absolute dump will sell for pushing $300,000. I can provide documentation on
that if you'd like to see it. Uh, we need to be able to provide new develop, uh,
development, uh, geared to a diversity of owner- occupants and long -term rentals.
We typically have pitched a lot of these renters... rentals to short-term renters.
Uh, we need to have a range of affordability and this development could include
apartments, townhouses, single- family properties, but it would help make our core
neighborhoods some of the most desirable neighborhoods in Iowa City, which
they should be. Uh, in short what we need to do is break up with rental
development as usual. Right now about 75% of the Northside Neighborhood is
rental. About 50% of that is short-term rental. Um ... that's not a healthy balance.
That's not a balance at all. That's... that's something that's really badly out of
kilter. We need to change the way we've been doing business on rental
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 2
development. So as you likely know in today's Press - Citizen, I called on the City
Council to consider enacting a moratorium on multi -unit development within the
UniverCity boundary, and to use that time to develop effective strategies, the
policies, and our codes, to stabilize and revitalize our core neighborhoods. We
have to think proactively and creatively on how to turn these neighborhoods
around. The moratorium is just a tool to buy a little time. Thank you very much
for listening, and thank you very much for your service for Iowa City. It is very
much appreciated! Good night!
Hayek: Thanks, Mike!
Parisi: Hi, everyone! My name is Julie Parisi and I don't know if you can see me over
this (laughter) podium. Um, and I am a resident of Coralville. So I was
encouraged to come speak to you tonight, sort of just to share my story, um, on
behalf of the Northside Neighborhood Association. Um, my fiance and I were
recently living with his mother on the far eastside of town, um, and then we had
decided to look for a place of our own, but before taking the big step of
purchasing a house, and of course we wanted to see what was available in some of
Iowa City's, um, historic neighborhoods. We just love the, um, downtown area.
And some of the reasons why we love the Northside in particular is it's such an
older part of town. It has big, beautiful mature trees; older homes with lots of
charm and character, very few houses are the same which ... I guess for young
people it's sort of hard. You get sort of into these cookie -cutter developments and
everything's the same and we were trying to stay away from that. Central to
downtown, which makes it more conducive, easier for us to be participating
members of, um, the city; being able to leave our car at home and just walk
downtown is really wonderful. And then within the Northside community there
are also lots of small local businesses that we like to support and help grow. Um,
we like that it's a diverse area of Iowa City with young families, older and wiser
folks, children, pets and people who share common interests. Unfortunately there
are several reasons which... sort of inhibit us from living in Iowa City, and in
particular, some of these older communities, which include the lack of affordable
housing, um, the condition of the housing available ... is sort of not up to ... not that
we have very high standards, but we don't want to live in a dump. Urn ... and then
the many of the present residents are short-term residents who have no regard for
sense of neighborhood or decency during the hours of 2:00 to 6:00 A.M. And
because of this, we eventually settled on a place in Coralville. Cheaper housing
with regular maintenance, friendly neighbors; we're within walking distance of
lots of the things that we were looking for here in Iowa City. For now we'll be
residents of Coralville, but we look forward to coming back to Iowa City as this is
the place that we'd like to call home. Thank you.
Hayek: Thank you for those comments.
Ross: Hi! I'm Becky Ross. Um, I'm here to propose a ban or tax on plastic bags in
Iowa City. I represent a recently formed environmental activist group called 100
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 3
Grannies for a Livable Future. Our members are grandmothers and other women
of a vintage age. I joined because I'm concerned about the environment of my
grandch ... that my grandchildren are growing up in, and what it will be like when
they are grown and have children of their own. We as a group want to sustain life
as we have known it for them. The plastic bag seems kind of trivial if you don't
think about it. But let's think about it for ... anyway. Plastic bags are made from
fossil fuels. Data released by the U. S. Environmental Protection Agency shows
that somewhere between five billion and a trillion plastic bags are consumed
worldwide each year. Less than 1% of these bags are recycled. Because it costs
more to recycle a bag than to produce a new one. So what happens to them?
Plastic bags are blowing around to our seas, lakes, and rivers. There's a joke in
New York that plastic ... the plastic bag is their state flower... because there are so
many stuck in the trees. Bags find their way into the sea via drains and sewage
pipes. Plastic bags have been found floating north of the Arctic Circle and as far
south as the Falkland Islands. They end up on our coastlines where wildlife gets
tangled in them, in our rivers. They eat the bits ... the animals eat the bits and
pieces which kill them. Over time the bags break down into smaller more ... more
toxic petro - polymers which eventually contaminate soils and waterways. Nearly
200 different species of sea life, including whales, dolphins, sea turtles, and fish
in our rivers die due to plastic bags. I see no reason a product we use for a few
minutes should float in our oceans for a hundred years or sit in our landfills for
...almost forever. So what do we do? Using a cloth bag can save six bags a week
on average. That's 24 a month! 288 bags a year! That's 22,000 ... yeah, 22,176
bags in an average lifetime. If just one out of five people in our country switch to
reusable bags ... now, this is a hard number ... we would save 1,330,560,000 over
our lifetime. Many places — cities, countries, and even nations — have banned the
bags. San Francisco was first in this country; Los Angeles is the largest to date;
Homer, Alaska has banned the bags; the Outer Banks of North Carolina;
Westport, Connecticut; Corvallis, Oregon; and every county in Hawaii. Around
the world 12 cities in Australia, including the capital, Canberra; Bangladesh,
Rwanda, Mumbai, India, Mexico City, and many others have joined the cause. So
why not Iowa City? If we want to save the planet or life as we know it on this
planet, this is one fairly easy thing we can do right here, right now. Let's require
eco- friendly bags and get rid of the plastic. Thank you. I have some brochures on
our ... our group. Can I pass those...
Hayek: Thank you for your comments.
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 September 4, 2012.
Page 4
Pearson: Good evening, ladies and gentlemen. My name is Nicole Pearson. I'm here to
discuss the housing situation from the perspective of a young professional. I
moved to Iowa City in 2007 when I was accepted into the graduate program here
at the University of Iowa. I had worked two years at the Mayo Clinic in
Rochester, Minnesota, and I've been a renter for the last five years. I never
thought I'd stay this long, but surprise, surprise — Iowa City has great
opportunities. More so than I anticipated. Yet I'd love to make that transition
from being a renter to homeowner, but when I asked a local financial advisor who
had been in Iowa City /Coralville for the last 20 years, after explaining to him my
student loan debt, the fact that I had my car paid off, that I was working on
building up a savings, that I wanted to put 10 to 15% down on a house, and I
asked him, is this achievable? And he said, it's best to buy property outside of
Johnson County. It was frustrating. I'd love to make that transition, but my rent
isn't that much lower than the cost of a mortgage, yet the houses are so
ridiculously priced, or if they're not ... they're in neighborhoods that are
questionable, that don't have good public transit, that are rougher or rundown, and
I don't want to spend half of my income on a house that's falling to pieces! It's
just not feasible, but it's still an American dream to own property, and yet when I
find myself an opportunity to speak to other young people about coming to Iowa
City, I strongly caution them against it because this is a community that you will
be a long -term renter and not a homeowner, and in fact because of the housing
situation here in Iowa City, it is a big motivating factor of why I consistently work
...look for work outside of Iowa City. In fact, places such as Sacramento,
California; Portland, Oregon; Ames, Iowa; and Davenport all have housing that is
the same or cheaper than ... than Iowa City. Something that I wouldn't have
thought, and I've also taken into consideration in some of those larger cities the
cost of living would be greater, yet when (laughing) cost of living for an
apartment in San Francisco and Portland is $700 and it costs me the same here in
Iowa City, you think twice about whether or not you stick around. But once you
buy property in a community, you're invested in ways that you'd never be before.
You start caring about your sidewalks and your schools and your quality of
education, and public transit. But until you make that leap from a long -term
renter who really likes the community, into a homeowner who really likes the
community, you're at an advantage of losing some of your best and brightest
young individuals and I thought I was just the exception, but it turns out I'm
becoming more and more of the rule. I'm in a situation where I talk to other
young professionals, whether it be while I'm out running or I'm playing ultimate
Frisbee or at my garden or at my church who are expressing the same concerns,
that they want to have a family in this community and they don't think that's
possible, or they want to open up a business downtown but because the rent is so
high, they instead have their business out of their home. So that business isn't
growing, and either is their family. So I'm hoping as a result of my describing of
these personal experiences that Iowa City will take the steps necessary to
encourage its young professionals to move here and stay here, and also for
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 5
families to grow as well as age within this community. I thank you very much for
your time.
Hayek: Appreciate your comments!
Carlson: Hi, my name is Nancy Carlson and I actually found the sticker to do tonight. I'm
really proud of myself! (laughter) It's moving up in the world! I'm here tonight
to talk about Mann School. But before I talk about Mann School, I would like to
look backwards. There is a saying that if you do not learn from history, you are
doomed to repeat it! So I would like to look at Sabin School, which has been
closed for a long period of time. And why did it close? The federal government
came in and took land from the ... from the area that would support that grade
school for a post office. The County came in and took land for its offices. The
University brought up ... bought up land for its ... to store ... for storage for further
development, and the Univer ... or the City zoned a major portion of the area
around Sabin RM -44, multi - family residential. It left no room for families with
kids to live there. There was no space. And so they disappeared, and the school
disappeared. Now let's look at Roosevelt, which was closed just last year because
of long -term lack of maintenance. Let us look around at the surrounding area
where that school lies. The vast majority of that area has been zoned ... RM -44 or
residential multi - family zones. That means basically the people that live in their
area are short-term transient renters, most of 'em ... most of whom do not have
kids. Therefore, the area in ... that neighborhood could no longer support a grade
school! Except for the poor few down in Miller Orchard who tried and tried and
said we want to keep our school. Now, let's get to Mann. Uh, the Iowa City
Community School District building (mumbled) construction summary up from
2003 to 2011, lists all the schools in the school district, and sums over $50,000
that were spent on them, with the exception of two schools. Hills and Mann. So
to me that says that Mann is on the `let's not do any more maintenance; let's let it
go downhill, and then we'll close it,' (mumbled) Now if you were on the School
Board, and you had a slight ... a small budget, and you had to do the most with
your money, would you invest in Mann? The in -fill construction in our area has
... I ... I would like to say all but I'll say 99% of it has been slanted for short-term,
transient, uh, renters with no children. The older houses have been turned into
rental units for short-term, transients... people with no children. Uh, in a student
com ... uh, comparative study of Iowa City's northside and Washington, Hills
neighborhoods that was done last year, these figures were included concerning the
northside. From the 2000 census block group data, they couldn't use the 2010
because it wasn't out yet. So this is for the northside, and they too ... they took
just a small area, but I think it's probably pretty representative of the whole area.
Almost three - fourths of the housing units are rentals; 62.5% of northside renters
had lived in the neighborhood no more than one and one -fourth years; 22% had
lived in the neighborhood no more than five years; 50% of the northside
population is between the ages of 18 and 24. Now if you were on the School
Board and you had only a certain amount of money, would you want to invest
money in a school in a neighborhood with these demographics? There have been
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 6
people in Iowa City who have been very much upset about the fact that we pay
most of the property taxes for these schools. And that our property tax is going to
schools farther out. But if we in Iowa City cannot ... manage or build a
neighborhood that is ... that can support a grade school, then how can we ask the
School Board to put money into a school, when our major interest either seems to
be short-term, transient renters who have no kids. Or, either we are ... that's what
we're interested in or we are incapable of building and maintaining a
neighborhood where we can have families who feel safe and secure, and who will
send their kids to school in our area. I attended a meeting with, uh, Steve Long a
number of weeks ago, and at that meeting I asked him about the UniverCity
program. And I said, are there still landlords who are interested, you know, in
selling their units? Are there still people who are interested in buying them? He
said ... on both sides there is so much interest, we just cannot get it to work
together. So I am here to say are we going to continue the history that we have
had before, or are we going to chart a new course, to learn from what has come
before and ... and do something different before Mann closes? Thank you.
Hayek: Thank you for those comments. Anyone else during community comment before
we move on? Okay, I thank everyone who spoke to the Council this evening.
Um, we appreciate you being here!
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 7
ITEM 4b AMENDING TITLE 14, ZONING CODE, DEFINING SMALL WIND
ENERGY CONVERSION SYSTEMS AND ESTABLISHING
REGULATIONS TO ALLOW THESE SYSTEMS AS ACCESSORY USES
IN CERTAIN ZONES BY SPECIAL EXCEPTION.
1. PUBLIC HEARING
Throgmorton: Move the amendment.
Hayek: Uh...
Dobyns: Second.
Hayek: ...okay, uh, moved by Throgmorton ... well, actually no! We need to open the
public, uh, hearing first, Jim. So I'm going to open the public hearing at this time.
(bangs gavel) And, uh, staff is here to, uh, present on this project, answer
questions, etc., but I thought we'd gauge interest, whether that was necessary
before we asked them ... asked them to step forward. Is there anyone from the
public who would like to weigh in on this item during the public hearing? Okay,
I'll close the public hearing at this time. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Throgmorton: As I moved.
Dobyns: (mumbled)
Champion: Second.
Hayek: Moved by, uh, Throgmorton, seconded by Dobyns. 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 September 4, 2012.
Page 8
ITEM 4c CONSIDER AN ORDINANCE REZONING APPROXIMATELY 2 ACRES
OF LAND LOCATED SOUTH OF HIGHWAY 1 AND WEST OF
SHIRKEN DRIVE AT 521 AND 531 HIGHWAY 1 WEST AND FROM
INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL
(CC -2). (REZ12- 00013) ) (SECOND CONSIDERATION) [Discussion only at
formal meeting]
Mims: Move second consideration.
Dickens: Second.
Hayek: Moved by Mims, seconded by Dickens. Discussion? Any ex parte
communications by Council? (several responding) Any further discussion? Roll
call, please. Second consideration passes 7 -0.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 9
ITEM 4d CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING CODE,
TO ADD A DEFINITION FOR "DELAYED DEPOSIT SERVICE USES"
AND REGULATE SAID USES AS PROVISIONAL USES IN THE
COMMUNITY COMMERCIAL ZONE. (PAYDAY LENDING
INSTITUTIONS) (SECOND CONSIDERATION)
Dobyns: Move second consideration.
Payne: Second.
Hayek: Moved by Dobyns, seconded by Payne. Discussion? Just want to...
Champion: I'm going to support this. I stopped at that bank ... I can't remember the name of it
— in Hy -Vee.
Payne: Veridian.
Champion: Is that what it's called? And they do have a loan program for people who might
have to go to one of these payday lenders, and I liked it. It's, uh, there is a $20
application fee, but the interest rate is relat ... very low comparatively. But the
nice thing about it is part of their plan is financial training and trying to keep `em
from having to come back all the time, and so I'm ... I think it's ... cause there is a
way for people who don't ordinarily have banking privileges to ... to get a payday
loan so to speak. I'm definitely going to support this, uh, resolution.
Throgmorton: Matt, you didn't ask about ex parte, uh, communications, did you? Is that
required here?
Hayek: Not on this one.
Throgmorton: All right, good. Never mind. Uh, I'm going to support it as well.
Hayek: I just want to thank the staff for their memo answering a couple of questions we
had as to the timing of the State laws relating to interest rates and some of the
other operational aspects of... of this industry, um, relative to when the other cities
in Iowa who have adopted payday legislation took action, um, and so the ... the
memo in our packet lays that out, answers my questions, so ... any further
discussion? Roll call, please. Second consideration passes 7 -0.
Karr: Motion to accept correspondence.
Mims: So moved.
Payne: Second.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 10
Hayek: Moved by Mims, seconded by Payne. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7 -0. (begins reading Item 4e)
(unable to hear person speaking from audience)
Hayek: Uh, you know what, we moved forward. I didn't realize there was still interest in
that, um...
(unable to hear person speaking from audience)
Hayek: You know, we've already voted. I ... I... since you were waiting back there and I
didn't catch you, if you want to step forward that ... that's all right. I apologize.
Davis: Good evening, and thank you for ... giving me this opportunity to speak. I'm Tom
Davis. I own Money and More on Riverside Drive (coughs) I'm a small `mom
and pop' business here in the city of Iowa City. I'd like to express my concern
over the City Council's decision to even consider the matter of payday loan
locations in the ... in Iowa City when there are so many other merch ... urgent and
important issues requiring your attention. This issue was brought before you for
two primary reasons, both of which have been shown (coughs) by your own staff
not to exist. The two reasons given for urgent and extreme zoning changes was
...was supposedly a proliferation of payday loan businesses... and that the
presence of such businesses increased neighborhood crime. (coughs) Payday
loan locations are currently half of what they were ... and no increase in crime has
been observed. I guess I'm having a hard time understanding why we're even
still having this discussion. But since we are, payday loans have been in existence
for approximately 20 years. They fill a financial void for customers in need of
loans as small as $50, who are often viewed as unsuitable for one reason or
another to have that type of access to credit with a mainstream banking facility.
(coughs) Limiting access to payday loans affects those individuals the most who
may not have the best credit, and who are trying not to ask friends or relatives for
money when they are in a financial spot, for whatever reason. I've been in the
payday loan business for 16 years and can't tell you (coughs) the many times the
customers have thanked me for having been there for them in their time of need.
Without the service they don't know where they could have turned. These loans
are an option for individuals who chose to use them. No one forces them to take
out a loan. For these individuals, it is a financial alternative that allows them to
try to work things out financially, while retaining privacy and personal dignity.
For these individuals we indeed (coughs) we are indeed one of the last legal
means of obtaining a small amount of cash. Payday loans are regulated by the
Division of Banking in Des Moines, and I have here a copy of the ... the Code of
Iowa, if you're interested. I'm sure you probably already have it. You're
welcome to have this copy if you don't, um ... this is the same regulatory division
that oversees mainstream banks, mortgage lenders. Once each year they audit us
on -site. During these audits they check to see that we are in compliance with the
State ordinance, which includes things such as charging the correct fees, verifying
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 11
that our rate charge is correct, making sure that the contracts are easy to read
(coughs) and include all necessary information, making sure the customers'
checks are deposited in a timely manner, verifying that our license is displayed,
and that the rate chart is displayed prominently for all customers to see. And that
rate chart is the same rate chart that I've had posted in my store. The Division of
Banking is the one that came up with this chart. It's been the same for 20 years.
It hasn't changed. We don't have the ability to change it. And the Division of
Banking is not going to change it either. It ... it is what it is. The customer knows
that with one glance exactly getting a given amount of cash will cost them. By
law (coughs) there is only one additional fee permitted, which is a $15 fee if the
check bounces. No additional fees are allowed. No loan origination fee. No
credit report fees. No background check fees. No court costs — nothing! If it
goes to collections, $15 is it. That's... that's all that can be charged. All of these
expenses have to be covered (coughs) by the permitted fee alone that we charge.
This is one of the reasons the AP ... APR appears to be so high. We can't add on
other fees like banks can. (coughs) The loan agreement itself is a legally binding
document so persons under the age of 18 cannot do a loan. The customer presents
us with a check, personal check made out to the amount of cash that they need,
plus the fee, and walk out the door with the cash. It's simple, quick, and hard to
understand how it could ever increase crime in a neighborhood. The number of
locations in Iowa City has dwindled from ten to five over the last fi ... five years.
The industry in general is in decline, has been in decline for several years,
nationwide. The need to begin a severe zoning restriction at this point in time just
doesn't make sense. Mainstream banks and credit unions are being encouraged to
provide small loans as a potential replacement for payday loans. They give them
fancy names like `checking account advance,' `payday alternative loan,' or PAL,
and `direct deposit advance.' Talk about putting lipstick on a pig! It makes no
sense to me. They are the products of payday loans with fees hidden in pages of
rules, conditions, and qualifications. And you have to have a good, decent credit
score in order to get those loans, whether it's Veridian, Wells Fargo, US Bank
... in conclusion, I hope that given (coughs) the lack of evidence of a need for any
new zoning restrictions that the Council might at least consider a 250 foot re
...zoning restriction instead of a 1,000 foot restriction. Des Moines enacted a 250
foot restriction and has been pleased with their... with their results. Also I would
ask you to consider how would (mumbled) delayed deposit business could
jeopardize a school, a park, or many other locations included in the proposed
ordinance. Why should a legal licensed, small bank be treated like a sex
offender? As a property owner, I would also like to know how being
grandfathered in ... would impact my ability to maintain or improve my property
in the future. My understanding is that making any improvements to my property
could void the grandfather clause and close my business. Could one of you please
clarify this for me, or recommend who I could speak to about this matter? I
appreciate your time. Thank you.
Hayek: Thank you, sir. Is there anyone else from the audience who wishes to weigh in?
Yes sir!
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 12
Fales: Yes, uh, thanks very much for letting me speak briefly. Uh, my name is Evan
Fales. I live at 1215 Oakcrest Street in Iowa City, uh, I spoke to you about this
issue last time (clears throat) and at that time, uh, I think I discerned basically
three arguments that were made by the payday lenders that spoke to you, uh, one
was a challenge to provide some sort of evidence connecting, um, the presence of
payday loaners, er, loan businesses in a community with, uh, crime in the
community. Another was the argument that payday lenders provide, uh, a
community service, and the third was, uh, a concern about the consequences of,
uh, making life more difficult for payday lenders here, um ... the ... the worry was
that this might contribute to urban blight by driving businesses out of Iowa City.
Um, as to that third... remark, uh, I guess I have to wonder, uh, whose prosperity
the gentleman in question was, uh, most concerned about. Um, as to the matter
providing a service to the community, the evidence seems to suggest that one of
the consequences of, uh, payday lender practices is that it drives people more
deeply into debt. I don't see what kind of a service it is where if somebody, uh,
perhaps initially has, um, $100 shortfall and they go to a payday lender and they
wind up perhaps several months later with a debt, uh, that is several hundred
dollars or a $1,000, um, and uh ... uh ... then have no way of paying it — I don't see
how that improves, uh, their financial situation. What it does is it postpones an
evil day, which has become, uh, much more evil. As to the connection between
crime and the presence of payday lenders, urn ... uh ... Professor Throg...
Throgmorton rather cautiously indicated that there are some correlational
statistics, uh, to this effect. I want to add the following remark and there's the old
chestnut that correlation doesn't prove causation, but as somebody who teaches,
uh, classes at the University in scientific method, I can tell you that when you can
connect the dots by showing a, uh, causal process that explains the correlation, uh,
then you'll have to worry so much about, uh, even having the detailed statistics,
and it does not take, um, a tremendous amount of, uh, savvy to figure out what
that causal connection might be. People have certain necessities which they have
to have in order to live and for the most part those necessities cost money. When
you don't have the money, um, you're likely to, uh, become fairly desperate. If
you can't find a way to get the money legally or the goods that you need legally,
there is a temptation — a strong temptation — to try to get those things illegally.
Any, um ... business or practice which sucks money out of a community that is
living on the margins, uh, is a practice which is going to increase, uh, the presence
of an environment that, um, forces people to consider ways of getting what they
need that are illegal, especially if the people in that community are people who
don't have, uh, a great deal in the way of education, don't have a great deal in the
way of other resources, uh, don't have a great deal perhaps in the way of some
sort of social safety net to which they can, uh, appeal in order to try to get
themselves out of difficulty. Thank you.
Hayek: Thank you for your comments. Would anyone else like to address the Council on
this?
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 13
Rosenbaum: Mr. Mayor, people, Councilors, my name's Rebecca. I live in Iowa City. I
wasn't really expecting to say anything now but Evan is quite eloquent...
Hayek: Let me interrupt you. If I could ... if you could just state your last name (both
talking)
Rosenbaum: Rosenbaum, R- o- s- e- n- b- a -u -m, which would be like a rose tree. Um, so I ... have
taken out payday loans in this town and payday loans are just a click away. I
think I got one from somewhere offshore. I think I got one from the Sante Indian
Nation in Nebraska. I have lived a very modest and downwardly mobile lifestyle,
significantly below the poverty level and not entirely by choice. It just so
happens that this very day is the 30th anniversary of my husband's employment at
the Iowa City Public Library as a part-time ... part-time temporary for 30 years.
As long as this city does not have minimum wage, as long as the city does not
have rent control, then there will be those of us who do not engage in anything
illegal but might find ourselves waking up one day to find out that our cat is
diabetic and that in the blink of an eye we have thousands of dollars of veterinary
bills, and we love our cat, and we don't want her to die. Many, many hundreds of
dollars tested out her diabetes. All I'm saying is, many of us don't have safety
nets, and my opinion, especially based on what I observed two weeks ago at this
meeting, was that this entire city is based on the predatory. The entire Downtown
District is predatory. This entire town (both talking)
Hayek: Ma'am, I'm going to have to ask you...
Rosenbaum: All right ... is about rich and poor (both talking) rich and poor, and that if...if there
were the kind of safety nets we need, such as affordable housing and decent
wages and real help for poor people, we wouldn't need to go to payday lenders.
That's really my point, and that I did so out of desperation. Yes interest rates
were high; yes it was ridiculous; yes I had exhausted all my safety nets; yes I truly
respect Professors Throgmorton and Fales, but I had exhausted all my resources
and ... in closing I would simply like to state that unlike humans, diabetes in
felines can be reversed and my cat, because of our expenses, no longer ... no
longer has peripheral neuropathy and I am very grateful to the payday lenders that
allowed me to go to the vet, and to the vet that allowed me to rack up quite a bill
to save my kitty's life. Thank you.
Hayek: Thank you for your comments. Anybody else? Okay, since...
Throgmorton: I'd like to ask a question. I know we're out of sequence...
Hayek: Yeah, we ... we've ... cart before the horse here. We've already... we've already
voted on this. It is second consideration, so we have a third consideration.
Eleanor ... my ... my inclination is to ask if the ... it was a 7 -0 vote on the second
consideration. Ask if... anyone has interest in re- opening second consideration,
unless you advise otherwise?
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 14
Dilkes: I think that's fine.
Hayek: Okay. So...
Throgmorton: I don't have any interest in doing that, but I ... I did hear a question about
grandfathering that I hope Eleanor would be able to address prior to our next
meeting.
Hayek: Yeah, so there... there's a question about, and you heard it.
Dilkes: Right. I ... I think the best thing to do would just to be ... to get him a contact ...a
contact to talk about, and we can give you that.
Hayek: Okay, so we'll...
Dilkes: Yeah. I mean, there's (both talking) he's talking about expanding a non-
conforming use (both talking) he needs to sit down and talk to someone about
that.
Hayek: Okay! Okay, thank you, and again, there will be a ... a third and final
consideration at our next meeting. Let's move on to Item 4e.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 15
ITEM 4e CONSIDER AN ORDINANCE REZONING 2.7 -ACRES OF LAND
LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND
STREB STREETS FROM MEDIUM DENSITY SINGLE FAMILY (RS -8)
ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM DENSITY
MULTI - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010) (PASS AND
ADOPT) [Discussion only at formal meeting]
Champion: Move adoption.
Dickens: Second.
Hayek: Moved by Champion, seconded by Dickens. Uh, discussion? Any ex parte since,
uh, the last reading? Okay. Is there anyone from the public who would like to
address the Council on this item? Okay. Uh, Council discussion — if any? Roll
call, please. Uh, item passes 7 ... or 6 -1; uh, Council Member Throgmorton in the
negative.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 16
ITEM 5. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS -
FUEL FACILITY PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK
TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE
FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh, for the
public's information, this regards the construction of a new fuel facility at the
Public Works' complex on south Gilbert Street, between Napoleon Lane and
McCollister Boulevard. Is there anyone from the public on this? Okay, I will
close the public hearing. (bangs gavel)
b. CONSIDER A RESOLUTION APPROVING
Mims: Move the resolution.
Dobyns: Second.
Hayek: Moved by Mims, seconded by Dobyns. Discussion? Roll call, please. Item
passes 7 -0.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 17
ITEM 6. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE LANDFILL
GROUNDWATER UNDER DRAIN LIFT STATION PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO
BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) This has to
do with construction of a new groundwater under drain lift station as part of the
reconstruction of the, uh, fire- damaged landfill cell. Any, uh, input from the
public? Okay, I will close the public hearing. (bangs gavel)
b. CONSIDER A RESOLUTION APPROVING
Dobyns: Move the resolution.
Payne: Second.
Hayek: Moved by Dobyns, 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 September 4, 2012.
Page 18
ITEM 7. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE NORMANDY DRIVE
RESTORATION PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Hayek: Uh, this is a public hearing. The public hearing is open. (bangs gavel) And we
will start with a presentation from staff.
Moran: Good evening, Mr. Mayor, Members of the Council. I'm Mike Moran, the Parks
and Recreation Director. I'd like to take you just through a brief synopsis of the
Normandy Drive restoration project. It's been a while since, uh, we've talked
about this. Uh, I'll go through this and then if there are any questions, you can
certainly ask those at the end. To bring you up to date with the, uh, buyouts, this
is what, um, the buyouts currently look at. Uh, right now, uh, everything has
...has been purchased and we have about six properties that are all blue that don't
have any notification or anything on them. House there ... one right there, one
over there, and a couple over here that are currently come under demolitions
sometime yet this winter or early next spring. Uh, after that's done, uh, then there
is no more CDBG or FEMA funding for that and the project will be complete,
um, currently with ... with, uh, unless of course you have action that you want to,
uh, spend other monies to do that. The ... just so that you know how ... how we're
going to do this process is there's four phases in the Normandy Drive restoration
project that we've been putting together. Uh, phase one is the project that's
before you tonight and that's the landscaping project, urn ... as soon as, uh, if we
get approval tonight, we'll take that out to bid and we'll start the process for that,
uh, probably late ... late September, early October, and hopefully have that
finished up. We'd like to have all the plantings in the ground, uh, before the snow
flies, if that happens this year. And then, uh, be able to see what the ... the roots of
our, uh, passion, if you will, uh, next spring. Uh, the second phase, uh, is the
Ashton House remodel. Uh, the Ashton House was ... the Ned Ashton House. It's
on the National Registry and uh, FEMA would not let us tear that down. We are
in the process right now of doing an adaptive re -use and FEMA flood study. We
hope to get that in in the next couple of weeks and then pending FEMA approval,
we will have, uh, some project work to do with that house. Uh, a lot of it has to
do with ADA accessibility and the ability to make that into a rental so we can use
that for, uh, public functions. Uh, so depending on how long it takes us for ... to
get that approval, we'd like to get that started just as soon as we can. That project
will come to you, just like this one did. So you will get to see it again. Uh, the
third phase of this project is the secondary road access, uh, that will basically
extend Normandy Drive through City Park. Uh, I know you had some questions,
Rick. I've got a separate slide for that so I can show you that. Uh, that project
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 19
will go out just as soon as we can get the RFP and ... and the contract and the
design, uh, of that going. Uh, and once again, that project will come in front of
you, as well, uh, so you get a chance to take a look at that, and I've got some
additional information that I can give you. And then phase, uh, two of the
landscaping project will finish up what we started right now. Uh, it's been a
funded project in the CIPs next July 1St. So we'll get that started just as soon as
we can, and that'll finish up the second half of the landscaping project. Our goal
in this was to start at the river and work towards Park Road. So the first phase
will be Normandy Drive and Manor and then we'll work inwards, uh, from there
in the second phase to get all the landscaping and to basically touch all the empty
lots that we have. Some of the ... the changes that you'll see, uh, this is Park Road
right in here. This house up here is currently... exists, uh, and will come down in
the buyout. That has been purchased and will be, uh, destroyed. Uh, this is the
current Park, uh, Road entrance to the Ashton House back in here. Uh, due to
safety concerns and the fact that Park Road is a very heavily traveled road, we'd
like to abandon this ... this driveway and then come up here to the intersection of
Manor and Normandy, and then make this right in here, uh, a new parking lot for
the Ashton facility and an access spot for the Ashton facility. The size of the
parking lot will be determined by the architect and what they tell us our, uh,
capabilities will be inside the building. So if we have 100 people, that'll dictate
the size of the parking lot. If we can have 200 people, that'll dictate the size of
the parking lot. So right now we don't know what that'll be. But that is ... that is
approximately where that area'll go. Uh, this part in here is the existing berm that
was put around the Ashton House after the 2008 flood. FEMA will let us take
that out as well as some of the land up in here that was built. Uh, I call it the
Miami Vice house. When they built that, uh, they brought in a lot of...a lot of dirt
and we can take that out. FEMA will let us take dirt out, but they won't let us
bring it back in, and we can bring it to the existing elevation of where it was at.
So we plan on moving this down and ... doing some construction in here. All the
black areas are areas that we're going to touch, if you will, in the landscaping
plan. Clean up the area, do some more landscaping to it, and uh, make sure that
we bring it back into more parkland setting instead of a homeowner setting. And
this is sort of how extensive it'll look like, uh, for both phases of the project. And
then here is the ... the secondary access road. Uh, this is Normandy Drive. One of
the areas that we didn't want to do is we didn't want to make this a straight
thoroughfare because of speeding and stuff like that. So we wanted to come off
here and make the road tee in here. So the closest I can tell you is that it won't be
a straight thoroughfare. It'll tee into Park Place and then go behind the little
league ball diamonds and then tie into that parking lot over there and come in
through there. Uh, so you'll ... you'll see where it is, but once again, you'll get to
see the more particulars when we get through that project. Uh, down in here is
where the little league, existing little league parking is, and we're going to
improve that parking area and make it just a touch lit ... uh, bigger and make it
more accessible to the ... the ball fields that're up in this area in here. And then all
the black area is areas that we're going to touch on the landscaping plan for that.
And these are just, uh, cutaways ... of where we're going to have that. Uh, the
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 20
Normandy Drive residents, we have met with them five times. Uh, if you look at
the Park and Rec web site they have their own little, uh, area that says `Normandy
Drive restoration,' and we put all these plans and everything on there. Uh, so
they've had a chance to react to `em. We've been through two or three different
sets of plans with the public and uh, I think we've come to a... a pretty good
understanding of what's gonna happen and the sequencing of that. It's been a
long time coming. We started this project when I was first involved back in 2009.
So I know there's a lot of people that are really looking forward to doing...
getting' some done and showin' something for this.
Champion: Good!
Hayek: Any questions for Mike? Thank you, Mike!
Champion: Can I ask ... oh, can I just ask a question (laughter) about the house, the
Ashb ... Ash...
Moran: Ashton House.
Champion: ...and the parking lot? How far away is that? I can't picture that for some reason.
Moran: Oh, it'll probably be about 100 yards.
Champion: Okay! And will that... that... you'll be able to make that handicap accessible too?
Moran: Oh, abso ... we have to make it handicap accessible.
Champion: Okay, all right. Thank you. I can't wait to have that facility done.
Dobyns: Yeah, Mike, uh, the parking for the baseball fields, I mean, there's parking over
by the tennis courts. It also serves the baseball fields, as well.
Moran: Correct.
Dobyns: So this is just a ... a auxiliary parking area.
Moran: Correct. Right. It exists currently now, but it really wasn't designed and
developed. It was just sort of people that would just pull in, get out of the car and
go play baseball. So we're going to try to put some order to it.
Dobyns: Yeah, and next time, Mike, if you want to chill out on the slide transitions. They
kinda weirded me out (laughter)
Moran: I'll ta ... I'll make a note of that, thanks! (laughter)
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 21
Hayek: Okay! Thanks, Mike, I assume there are members of the public who wish to
address us. Invite you to step forward at this time.
McKusick: My name is Joy Ashton McKusick and I live at 805 Normandy Drive. For
reference on the map that you were just looking at, my house had a little purple
line that was going right through it, but I know that's not going to be the case and
I did want the Council to know how very pleased I personally, as well as my
extended family came up for the Party in the Park. I had ages 18 months through
the 80- pluses and that was just a very lovely, lovely event. We enjoyed it a great
deal. It was about the right length. It suited all age groups. There was even an
engineering club that had an activity for youngsters, middle ... not middle school,
but grade school type age and it was, as I say, we enjoyed it a great deal. There is
really only one factor in my neighborhood that is bothersome and that is a house
that is on the east corner of Normandy Drive. That house, uh, I don't know just
how long the folks have been in it that are in it now. I think not more than five or
six years. It of course was not flooded, but they have a hedge. They've... they've
completely fenced their yard and they have a hedge that occludes the ... the view
of Park Road as we come off of Normandy Drive, and we have to really pull
practically out into the path of traffic in order to be assured that we can move on
down Park Road, or turn on to Park Road, safely. So that was my biggest concern
to mention tonight because otherwise I want you to know how very pleased I am
and most of...all of my neighbors are very pleased with the way this is all
developing. Thank you very much!
Hayek: Thank you. Could... could... that may be a Public Works or a Transportation issue
(both talking)
Mims: Jeff s getting it (laughing)
Hayek: ...folks follow up on that? Thank you for your comments. Would anyone else
like to address the Coun ... the Council?
Elmborg: Hi, my name is Jim Elmborg. I live at 728 Park Road. Uh, we have a fence
around our property with some bushes out front that we might be talking about
right now. Uh, I guess I wanted to talk about the, um, the fact that this area is not
empty, right, I mean and... and you know that, we all know that — there are houses
throughout this area. Um, we were fortunate enough to live above the flood level.
Um, right on Park Road. There was a bluff right there and we've watched...
we've, uh, all... all of our best friends in Iowa City have moved off the block now.
We're surrounded by vacant lots. Um, so we've kind of been bystanders through
a lot of this process. Um, I think our ... our concern of what I'm here to express a
concern about is that we are ... two doors down from the Ashton House. Um, this
is an events center that is going to, according to Mr. Moran's um ... uh, report, uh,
host parties of up to 200 people. There is a parking lot there on the corner of
Manor and Normandy that is big and it's as big as the house can accommodate.
So we had a party in the park here last Thursday night and my wife and I were out
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 22
on the patio, and there was a live band playing, uh, we, um ... we are not anti -
Ashton House, but we have some real concerns about what kind of events are
going to be hosted at the Ashton House? Uh, I ... I ... I did write a note to the City
Council on Friday. I don't know if you've gotten it or not, but it's just a series of
questions, um, what kind of events are going to be hosted at the Ashton House, is
alcohol served at the Ashton House, is there any curfew on events at the Ashton
House, uh, is there any limit to the number of people who can come to parties at
the Ashton House, are they going to be parties that are over at 10:00, how do we
know that. Um, we have been to, uh, two of the open events, and in both of the
open events we asked this question, largely about the parking lot which seems to
us to be really sort of right there on Normandy Drive and somewhat obscuring the
view of the river, which has been opened up and which we've been promised as
green space and park. Um, I want to especially, uh, ask that you give some
consideration to what parking in that parking lot is going to entail. Is it going to
be open during the days when people are parking and commuting up to, uh,
campus and the city. If so, that parking lot's going to be filled every day. Um,
and people will use it to get to the bus, as they do now, um, and we've had to
restrict parking along Park Road just ... or along Normandy just to ... just to keep
that under control. So ... I ... I'm not here to say, uh, we shouldn't do anything
with the Ashton House. It's a beautiful house, everybody knows that. Um, what
I'm here to ask is ... as ... as people who are literally in the backyard of the Ashton
House, what ... what assurances do we have about what's going to happen, what
kinds of events are going to be there. The memo you've got today that introduces
this as a variety of events — weddings, receptions, conferences, family reunions —
is ... is that the limit. Um, I guess before this all goes completely down the road, it
would be nice to ... to understand what kind of implications there are for those of
us who are left in real proximity to the Ashton House, um, and that's what I'm
here to ask for. Thank you very much.
Hayek: (both talking) ...for those comments.
Champion: (mumbled)
Geerdes: Good evening. My name is Greg Geerdes. I live at 890 Park Place in Iowa City,
which is at the far southeast corner of the, uh, Mosquito Flats area, as I
affectionately call us. Um, first of all I'm very pleased with the, um, efforts and
the diligence of the Parks Department and of... and I am pleased with the plan in
general. There are things which will need to be tweaked as we go forward. There
are certainly some regulations that will need to be considered on what we're
going to do precisely and how we're going to do it with the Ashton House, but
those are things that can and should be managed as we go along. Um ... the whole
area, you have a chance to make into something that your... grandchildren and
perhaps yet to be unborn grandchildren and great - grandchildren will remember
you for because it is not very often that you have a chance to make a new city
park in the heart of, uh ... thriving area. It's a unique opportunity and you need to
take considerable time and dedicate considerable resources to taking advantage of
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 23
this opportunity. On those lines I would like you to not only approve the plan, but
to think forwardly, and to think in terms of how are we going to acquire other
properties as they come on the market in that area. I know money is tight.
Money always seems to be tight when you have a good project that is thrown at
you, and you don't have a chance to budget for it well in advance. Um, but
there's, for example, a... a house on the market for sale along the river as we
speak. Um ... there needs to be eventually, and by eventually I would hope in the
next ten years, a contiguous bike path along the river side of Normandy Drive that
would run from the park over to the existing path along Rocky Shore Drive. Um,
I mean, how are we going to ... that's ... that's an opportunity that's staring us in
the face and it needs to be funded for. Um ... there's been some comments about
noise, um, and there will of course be some noise. We live very near the, uh...
uh, impromptu parking lot that Mike Moran was talking about as far as the ...the
baseball players are concerned, and we find the noise of park users not to be a
raucous, undesirable, disorderly house sort of noise, but it's the noise of people
playing baseball games and going for a run and... a rather tinny rendition of the
Star Spangled Banner being played on top of the concession stand (laughter).
Um, and it's... actually rather Americana in its noise, certainly not unpleasant.
That's not to diminish the concerns of the neighbors, but again, we can have
reasonable hours as far as determination of the Ashton House use, etc. Um,
which is a truly unique property, which again, is another... asset that needs to be
developed and used. So I'm in support of the project. I think most of the
neighbors are. Uh, there needs to be some forward thinking on your part. This
isn't a topic for tonight's discussion, but you shouldn't ruin our efforts today with
building a cement flood wall on the other side of the river, cause that will scar
everything that we are working for. That'll be a topic for another discussion
(mumbled) Um ... but thank you for your attention. I support the project. I ask
that you move it forward.
Hayek: Thanks, Greg.
Novak: My name is Tom Novak. We live at 609 Manor Drive. We've, uh, been through
two floods — 93 we weren't touched by any of the water and 2008 I think
everybody caught it. It's hard to believe it's been four years since then, and ... and
I think that the thing we look at the neighborhood — we've had friends that have
come who haven't been here for a while and thought, gee, the neighborhood
looked great, um, we see a lot of empty lots, lot of weeds. This has been a rotten
year to grow anything. Um, I ... we're just anxious to move forward with the
landscaping, uh, really beautify the area for the people that are still living there,
and I think like Greg, uh, Geerdes said, the ... this is just a tremendous opportunity
for this to be, uh, a really nice area that's green, has good bike paths, good access.
It's a connection between Coralville and Iowa City on the bike trail. Um, I think
the Parks Department has done a lot with I ... I think very few additional resources
being given to them to tackle this, and uh, one of my concerns is that going
forward, the Parks Department is going to need more resources to do this. This is
a lot of acreage to cover with more than just mowing and grass, and mowing and
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 24
grass, and I think they've come up with some creative ideas of ways to manage
this area with a minimum of impact on, uh, everything around us. Um, I ... I think
the Ashton House certainly has a lot of potential. Um, I would like to see a little
more discussion about the, you know, the parking and access and traffic. I think
those are issues that will continue to come up as the; uh, Normandy gets extended
into the park and from what we've been told that will be a temporary opening
while Park Road is worked on and not a permanent, uh, open access to Lower
City Park, that that's more, uh, intended to be an emergency access. Um, I guess
my concern is if that's open, it turns our neighborhood — instead of being
essentially what is a closed, dead -end into a loop that people are going to be
driving around. Uh, the traffic in and out of the baseball diamonds at times gets a
little bit, uh ... I ... I think dangerous for young children to be out. Um, but I ... I
think this, uh, issue before you tonight really is important to move forward. We'd
really like to see the beauty come back to the neighborhood and uh, make it just a
pleasant place to live again. Thank you.
Hayek: Thank you for your comments.
Murphy: My name is Mary Murphy. I live at 890 Park Place with Greg Geerdes, my
husband. I'm here to voice my strong support for the landscaping plan as
proposed by Mike Moran. We as a family have been very appreciative of his
attempts to include the neighborhood in planning. As many of you are aware, our
neighborhood has been torn up for the last several years, uh, while we have
waited for homes to be bought out and demolished, and we would like to see all
of those homes demolished this fall, rather than next spring, so that the lawns
there can be seeded and the landscaping plan can proceed properly. I do think
that this open space will be truly beautiful green space that Iowa City can be
proud of that will benefit the entire community of walkers and bikers and joggers
and anyone else who uses City Park. It's my hope, and I think this landscaping
plan will accomplish it, that this green space will be incorporated into all of Iowa
City Park and that eventually people will think of it as one park. Over time I'd
like to see a master plan for all of City Park so that there is a long -term vision for
this area, but I truly do believe that this, um, these buyouts from federal grant
dollars have been a wonderful and unique opportunity for Iowa City to expand its
park system. The master plan for the Parks and Recreation Department supports
this. I do think that Mr. Elmborg has raised some interesting and serious
questions about cars parking on Normandy as we are a small neighborhood, and
there is only one real ingress and egress out of our neighborhood. So I do have a
few concerns there, but as far as the landscaping plan, everything I've seen has
been terrific. I believe that Mr. Moran has truly considered the input from the
neighborhood, and I want to thank him publicly for doing so and I am confident
that it will truly be an asset for all of Iowa City. Thank you.
Hayek: Thank you for your comments. Would anyone else like to address the Council
before I close the public hearing? Okay, I'll close the public hearing at this time.
(bangs gavel)
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 25
b. CONSIDER A RESOLUTION APPROVING
Dobyns: Move the resolution.
Payne: Second.
Hayek: Moved by Dobyns, seconded by Payne. Discussion? I would ... I would just, uh,
concur that I think a number of important questions and ... and concerns have been
raised this evening, um, that ... that need to be addressed at the appropriate
juncture, uh, and ... and relate to the ... the operations that we envision occurring at
this facility relative to the interest of...of the neighborhood. So ... I appreciate
your comments. Any further discussion?
Payne: Just want to say thanks to Mike. It's nice to hear people saying nice things about
City staff (laughing)
Hayek: Roll call, please. Item passes 7 -0.
Karr: Motion to accept correspondence.
Dobyns: Second.
Champion: Second.
Hayek: Moved by Dobyns, seconded by ... I'll give it to Champion (laughing)
Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0.
Throgmorton: It wasn't really Connie, you know, it was Terry throwing his voice (both talking)
Hayek: I know!
Champion: He's a ventriloquist now! (laughter)
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 26
ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED
"POLICE REGULATIONS," CHAPTER 5, ENTITLED
"MISCELLANEOUS OFFENSES," TO PROVIDE THAT "KEEPING A
DISORDERLY HOUSE" IS A MUNICIPAL INFRACTION AND TITLE
17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED
"HOUSING CODE," TO ADD ANOTHER BASIS FOR A RENTAL
PERMIT SANCTION. (FIRST CONSIDERATION)
Mims: Move first consideration.
Champion: Second.
Hayek: Moved by Mims, seconded by Champion. Discussion? Is there anyone from the
public to address the Council on this item? Council discussion?
Throgmorton: I ... I want to mention one thing that I, um, made a point of during our public, uh,
during our work session. And that is ... I think it's really crucial that, uh, the
ordinance and the actions associated with it and, um, and then the policy be
clearly articulated in, uh, ordinary language so that any, um, person who might
potentially be affected by the, uh, the modifications in the ordinance in our
policies will ... will have a very clear idea about what exactly will happen. As it is
now, you know, I'm just one person. I find parts of it a bit confusing because of
the legal language and, you know, and so on. I think we just need to be using
really clear language and getting it out to the public so that they know what's
going to happen and why.
Hayek: I agree, and I ... I actually ... I think that ... that proactive communication, much of
which I think occurs already through the various channels — Housing Department,
University, etc. — but which ... which would obviously change if we adopt this, uh,
is important and could have, uh, a ... a great impact — positive impact — uh, on ... on
the neighborhoods, uh, getting that... getting that education out there in advance,
and I ... I want to also, um, re ... respect and ... and express appreciation for our
UISG liaison ... uh, liaison who earlier this evening at our work session expressed
some concerns from that organization and to the extent there are some
informational, um, questions to be answered, uh, will continue to work with UISG
to get that information clarified. Any further discussion? Roll call, please. First
consideration passes 7 -0.
Karr: Motion to accept correspondence.
Mims: So moved.
Dickens: Second.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 27
Hayek: Moved by Mims, seconded by Dickens. 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 September 4, 2012.
Page 28
ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 10, ENTITLED USE
OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED,
"COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE
FOR SIDEWALK CAFES," TO REGULATE SIDEWALK CAFES
PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. (PASS AND
ADOPT)
Mims: Move adoption.
Champion: Second.
Hayek: Moved by Mims, seconded by Champion. Discussion? Again, for those of you in
the audience, we, uh ... this is ... this is the ordinance that shifts this to a ... a policy -
based determination. Um, Item 11 is the actual policy itself, uh, but you are
welcome to weigh in on Item 10, uh, at this time ... and we'll certainly allow for
weighing in on Item 11 when we get there. Okay. Uh, Council discussion? Roll
call, please. Item passes 7 -0.
Karr: (both talking) Motion... a motion to accept correspondence.
Mims: So moved.
Dickens: Second.
Hayek: Moved by Mims, seconded by Dickens. 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 September 4, 2012.
Page 29
ITEM 11. CONSIDER A RESOLUTION ADOPTING A POLICY FOR USE OF
PUBLIC RIGHT -OF -WAY FOR SIDEWALK CAFES AND RESCINDING
RESOLUTION NO. 07-227.
Payne: I move we adopt...
Champion: Move the...
Payne: ...with the removal of the street cafes, and adding a lottery for planter cafes, if it's
necessary.
Mims: Second.
Hayek: Okay so there's a motion from Payne, seconded by Mims, um, what I want to
explain to the public, and for those watching is, uh, and this stems from
discussion that was held at the work session where it became apparent that there
was not, uh, a majority in favor of proceeding with all of this item this evening.
The motion which is ... that has been seconded, um, separates the ... the street cafe
issue from the uh, the planter cafe issue, um, such that we would move forward if
there's sufficient support for, uh, the motion, uh, on the planter cafes this evening,
not ta ... not take action on the street cafes this ev ... this evening, and further, to,
um... oh what was the item on...
Mims: Lottery.
Hayek: (both talking) Oh yes, and further with the proviso that ... that the planter cafes be,
uh, pursued by staff with, uh, essentially a lottery, uh, on the front end, if there's
sufficient interest among businesses who want to open planter cafes so that there
is essentially fairness on the front end. So with that explanation, I wanted to tell
you why this has received this tweak. It comes from a discussion that was held
earlier this evening at our work session. So it's on the floor now and we would
invite uh... audience participation and... and input if that's, uh, of interest to those
out in the crowd.
Browne: Hello, Council, my name's Anthony Browne and uh, I would just like to say that I
support this ordinance. As you know I've sent correspondence to the Council
about this. Um, but I would just like to say that in passing this, uh, ordinance here
tonight, uh, you essentially admit that there's room in the City Plaza for other
commercial uses. And so, I would encourage the Council to increase the number
of mobile vendors from six to eight, and I submitted a proposed ordinance to
affect that change, and I would encourage the Council to take that up, uh, if not
tonight, at the next meeting or as soon as possible. Thank you.
Hayek: Thanks for your input.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 30
Allen: Hi, I'm Dave Allen with Z'Mariks Noodle Cafe. I am ... I have a favorable view
of the street cafes, but I still have two major concerns. One is the fairness and
two is the timing. The fairness I've heard the idea of the property lines being
extended and I think that's a good idea, um, Dubuque Street — it looks like we're
going to be limited to three, uh, cafes in the street, and so I believe one cafe per
business. Um, also timing issue. I have been in contact with a contractor and
didn't really have much direction to give him, so I haven't made any progress on
getting plans done for this, just because I'm not sure what the specifications are
on how these street cafes will be and the guidelines that we're going to need. So I
ask that we wait until... there ... I ... I feel like there's a few holes in this, and I just
hope that we can wait until the spring, uh, and get these done right. Thanks.
Hayek: Thanks for the ... for your comments.
Rosenbaum: Hi, thanks for letting me come up here again. My name's still Rebecca. Um, I
think I'm one of many people in this town who have invisible disabilities. Um, I
have atrial fibrillation. I frequently get short of breath and feel faint and dizzy
and last week I got to the Council meeting late because I came upon a friend who
was sitting on a bench, um, and she has Parkinson's and her foot was shaking and
she just couldn't move. And I found that the downtown area is increasingly
difficult to mo ... to manage. Um, there're too many obstacles. I think if I was a
mother and was trying to keep track of children, I'd be scared that I'd lose `em in
between like cages of people having cocktails. Um, after the meeting last week,
um, my husband and I drove around, and I don't see where there's room for safety
for people. Uh, those of us who are temporarily able- bodied or managing most of
the time without a cane, let alone people in wheelchairs. There are a lot of
handicapped people in this town and there's a lot of things that probably are small
things that you could refer to a committee, such as, um ... uh, alleged curb cuts on
one side, and you try walking from... from, uh, east to west at the northside of the
mall and stay in the colored area, you'll come up against a curb on the other side
and, you know, I fell down. I'm not as bad as ... in bad of shape as my friends, my
many friends who have multiple sclerosis and Parkinson's and so many other
diseases, but I really think with all the little steps and little zig -zags around all the
things that are already in the ped mall, I don't see how it can remain safe for those
of us who are ... um, past the halfway mark in our lives or for children or for
families trying to stick together and keep track of each other. It's a real concern,
and the only other thing I want to say is I think last, urn ... last week, Mr. Mayor,
you said some of these things were going to be addressed three times and that
next week would be the third ... third strike, correct me if I'm wrong. I mean two
weeks — next meeting! And I just wanted to mention that two weeks, um ... from
now will be one of the holiest days in the Jewish calendar and I know I belong to
a very minor minority, uh, but we are one of the major religions of the world, and
as this city becomes diverse, I think the time will come when meetings will have
to be rescheduled because of Ramadan and because of Jewish holidays. If you're
considering something and you want it to be considered for three weeks, there
might be some Jewish people, or some non - observant Jews, but there's not going
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 31
to be any practicing Jew who's going to show up in two weeks or in four weeks,
because both times they're major, major holidays, and I don't expect you to know
all that. I do hope that when you're considering things in Council, and looking at
the bigger picture of this town, just how many beautiful veiled women there are of
Muslim culture and how many non - Christian, non - white, and non - completely
"conventionally abled" people there are. Just ... we need to stretch the idea of
diversity in so many ways and...
Hayek: Ma'am, I'm going to interrupt you. You've got to (both talking) cafe issue before
US.
Rosenbaum: ...and thank you. Thank you very much.
Hayek: Thank you so much.
Rosenbaum: ...you want this sticker in here? I didn't do that last time (both talking)
Hayek: Anyone else ... looks like we've got a taker!
Anderson: Rodney Anderson, uh, 32 S. Clinton. Um, I came here tonight to, uh, say that I
think you should approve these street cafes with one rule that I think is very
necessary. Um, but I guess now it will be deferred, but I ... I want you to think of
this rule. Um, property lines extended is the one rule that I think makes all these
issues you discussed in work session work, um, it makes this easy to do. It makes
it fair. I really personally feel you could just amend that, stick it in there, and...
and go with the cafes, but I do think there are some people that ... that want an
opportunity to have the time to ... to apply for these and some of those issues, but
what I'm saying is, as you analyze this, as you think about this, every question
you have about fairness or how you implement this, say to yourself how does
property lines extended impact that question, and I think that it reduces a lot of the
concerns you will have and it gives a fundamental fair structure to how you
implement this. So my notes may not really apply, but I just want to glance at
`em and uh, make sure I get everything in here. Um ... you know, property lim...
lines extended is how Birmingham, Michigan implemented their street cafes.
And I know that's not necessarily our model here, but that's been thrown out as,
or as the reason for doing this. I think they have successful cafes. They don't
exceed the property lines. Our current sidewalk cafe regulations are limited to
property lines extended. So when you talk about competitive fairness, uh, if you
are a restaurant that cannot expand beyond your property lines, with the current
ordinance, you cannot compete with someone who is allowed to. Um, the ... the
property lines extended minimizes the negative impact on visibility for
surrounding businesses. It saves parking spots, and by saving parking spots it
also maximizes the opportunities for other people to do this, which is a... which is
a big issue. It provides an upper natural limit to the size of these cafes, and you
may say why is that important. That is important from a competitive standpoint,
um, it is ... it is important that the cafe in the street matches the interior facilities,
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 32
whether you're talking kitchen or restrooms or staffing areas. Uh, it is also a
logical and fair way to do these cafes when you start thinking about the bricks and
mortar investment that many of these restaurants make. There needs to be some
kind of ratio, some type of relationship between the size of their investment
interior, the property taxes they pay, and what they're able to do outside. Um, the
outside seats... are not as expensive as been... as been implied, but they are
obviously cheaper seats than the inside seats. Much cheaper. The, um, property
lines extended, you know, I heard some comments in the work session about, you
know, this ... this stops these cafes. This ... it absolutely does not stop these cafes.
Uh, it, you know, 120 - square feet is the recommended minimum size from the
City staff on what is a suitable cafe. So if 120- square feet is enough, um, how
much public space should be provided for someone to have a cafe. Is it 200, 230,
260, um, I don't believe that it goes beyond property lines and once it does, it
becomes a very large size cafe that isn't available to anybody else. Uh, so a
couple issues here — a single parking space provides enough space for 12 seats.
Most of the cafes are 12 seats or less in downtown. If you add a little sidewalk to
these cafes, you get 12 to 20 seats and to get to 20 seats as a cafe I think gets you
the fifth or sixth largest cafe in town. So I think, you know, property lines
extended, one parking space, whatever it is ... where the people aren't blessed with
enough sidewalk, they get plenty, and the cafes work. They're profitable, and
they make sense. Um ... as I assume it is important to many of you that ... that
Micky's does get a cafe. I want you to think about those issues with the sidewalk
because this does not stop Micky's from ... from getting a ... a good sized cafe. Uh,
they have a very unobstructed front and I ... I think they could get an 18 to 20 or
22 person cafe in there. Um, looking at these regulations and designing it, and I
think they can do it for an affordable investment. Um ... there are people —126,
Basta, uh, Short's, there are people now that find it justifiable to expend the
money to do these cafes in a much smaller scale. So I think it's affordable; it
makes business sense; and it's profitable. By reducing the size, just a little,
you're not going to take away the reason for doing this cafe. I think that these
cafes provide a big competitive advantage to those that have them, so I think if the
city is to provide public space for them, you need to do so in a way that is fair and
objective, and is not open to second - guessing every time one is applied for. It is a
great way to ... property lines extended is a great way to do these cafes. It's
consistent with our current sidewalk cafe regulations, and it provides a logical,
defendable way to implement them. Uh, I was going to finish and say, you know,
amend it and vote for it tonight, but I'm going to say, you know, every time you
think about the language that makes this work, apply that rule, whether it's
lottery, visibility, parking, opportunities, all the fairness issues, and property lines
extended is what makes it work. Thank you.
Hayek: Thank you for your comments.
Mondanaro: I'm getting' to have a good time comin' here and seeing you every... session, but I
want to talk about what Rodney talks about.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 33
Hayek: Jim, could you just give your name for the...
Mondanaro: Jim Mondanaro.
Hayek: Thanks!
Mondanaro: I've spent a lot of money with architects trying to lay out exactly what it is that
we're doing at Micky's, and it's okay to allude that we can get the space that you
are talking about, but it doesn't exist. Now, when it comes to the property lines,
I'm in total agreement. But if you have permission from adjacent property owner,
I think that should be accepted. And that's what we've worked for from the very
beginning with Prairie Lights on this. And from the very beginning we took the
approach that if in fact it wasn't acceptable to Jan and Prairie Lights at the end of
the season we would willingly abandon that proposal in ... and favor her desire to
not have it in front of her space. When we talk about fairness in play, I thought of
the idea. I spent money to create the idea, and the last time we were here I threw
that into the kitty for the lottery. Just so that we move a step forward at seeing
whether or not this works. The beauty of the space as it is is a magnet to the
downtown. It doesn't obstruct the view of people driving down the street. It's
street level. It's no different than if it was the space of the property lines of
Micky's. It's still going to be the height of the street. So all of this chase that
we're looking at in terms of the negative side of this, it's just ... that's what it is —
it's negative. And I don't have a problem with deferring it because I'm not going
to do it this year anyway! The season has ended. It takes too much time. But if
... if we have 120 -seat capacity by the building department for bathrooms, then we
have room for 22 seats exterior. And that's going to be the guidelines! The
building department has guidelines and there will be guidelines that will come
from staff. So what I'm saying is that let's not get caught up in the smallness.
Let's get caught up in the facts that I'm proposing. Let it happen next spring.
Let's ... let us see how it evolves within the community. And then pull the plug if
it's not a good plug ... if it's not a good thing for this community. But if I have the
adjacent property owner's approval, I ask that you think of that as a plus. It's no
different than if I own the building! Then it would be okay! So if I have their
acceptance, it should still be okay! Thank you.
Hayek: Thanks, Jim.
Kubby: Good evening. My name is Karen Kubby. I'm President of the Iowa City
Downtown District Board of Directors, and um, at the last meeting we really
didn't have feedback from our membership or vote of our Board of Directors, but
we have both of those things now. So we had requested from the City that we
could get a succinct, easy to read, something that Jim was talking about on
another issue, so that our membership wouldn't have to read the legalese of the
ordinance and could easily understand that, so it was great that staff, through
Geoff Fruin, uh, got that to us very quickly so that could be part of what we put
out to our membership, and I know Bill is here and can talk a little bit about what
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 34
was asked of our membership and what kind of response in ... in more detail that
we got, but because of the response from our membership, um, our Board of
Directors, uh, encourages you to support the street cafe ordinance as it is,
allowing, uh, potential cafes to go further than their property lines, and I think this
was the part of the fairness issue that was really part of our discussion. That you
have the benchmark of having to get the agreement of not only the property
owner, but the first floor business. You have to sell your idea, and if they don't
believe that it will work, and be good for them, they're not going to give
permission, and so you have that safety net there, and that someone will need to
...make the investment and if in one year their adjacent business owner or
property owner says no it's not working for me, it's over for that construction of
that cafe. It can maybe go back to property lines cause then they don't need
anyone else's permission, urn ... the other thing that was really helpful too I think
is the idea of sharing cafes, which might make some more consistent design -wise
and could be a real interesting positive for certain blocks. Um ... but I think it's
really important that the City and City staff and the City Council was very willing
to look at a new issue, to put a bunch of time to try to figure out the best way to
make this happen. We hope something happens! Our job as the District Board of
Directors is to look at the whole area, and what do we think will create
momentum and energy, and we think the street cafes will do that. So we hope
that you'll support that, that you'll move forward. Uh, parking is always an issue
and kind of a related but a side issue is that when parking is taken away to look at
current loading zones, that when we combined new moped parking, Zipcar
parking and street cafes to get some reality data that the City could provide to see
when are those loading zones really used and could they be partially for loading
until a certain time and then if... if it's not used all day, to have consumer parking
and downtown patrons' parking there during the rest of the time. But the Board
of Directors are happy with staff and City Council willing to look at new ideas, to
work with us to make things happen downtown in a positive way, and hopes that
you'll support the ordinance. Thanks!
Hayek: Thank you, Karen.
Nusser: Realized I should bring those stickers! Uh, I see why now, uh (laughter) I'm Bill
Nusser and I am, uh, from the Iowa City Downtown District also. I'm the, um...
uh, the President - Elect, as well as the Chair of the Infrastructure Committee, and
um ... last week you asked us, or last meeting you asked us to ... to query our
membership in terms of their opinion on this and we did, as it was presented
earlier in your, um ... uh, work session that ... that approximately 250 emails were
sent out to everybody that is a business owner or a building owner that has agreed
to be a member of Downtown District and has agreed to receive our emails. And,
uh, we received approximately a ... a 5% written response and we've received
approximately the same number of calls. Um, we're only telling you about the
written responses (mumbled) more conservative numbers of... of the two, but
...but it was 3 to 1 favorable. We asked what kind of information, um, they
would ... they felt that they still needed in terms of, uh, to be able to ... to assure
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 35
them that they were, uh, assure their decision if they were on the fence in any
...any way and absolutely nobody actually... actually requested for more
information other than information about the parking places and whether they'd
be replaced. Uh, among the favorable comments that ... that, uh ... were ... we also
asked somewhat the compelling reasons where that ... were for them to be
favorable about it, and the favorable people said, um, that they liked that the City
was being innovative and ... and the entrepreneurs involved in this were being
innovative and being proactive. Um, and they were especially... they expressed a
lot of gratitude towards the City staff for considering this so quickly. Um, they
liked the aesthetic, um, appeal and ... and the change of the streetscape and making
it much more visually appealing. And um, they liked the idea that there would be
increased foot traffic and uh, possible, uh, consumer activity as a result, which
translates obviously into money. Um, the ... we also asked among the people that
were not favorable what their main reasons were for being, um, not, uh, favorable,
and one of them of course was the public perception of parking, which Karen
talked about, and as a matter of fact the Infrastructure Committee today had a
meeting with City Parking staff and uh, we talked about the issue of...of the load
...using the loading zone to replace a lot of those parking places on ... across on
Dubuque Street. Uh, and that seems like a viable, uh, idea for the City, alternative
for the City, and then it's a question of making it, uh, an economic reality. Um...
uh ... but again it was the ... there was a big fear about the perception of the parking
as already being so negative in rem ... in removing two spaces. Um, also the
negatives, uh, cited fairness and ... and um, there were two issues — one was that
the ... that the existing, um, what they called regulation but I'm sure they meant
ordinance, was ... was not fundamentally fair. But it wasn't ... I didn't see any
detail on that, and the other was, uh, that the, uh, the other expression of
unfairness, uh, or fairness was that the methods of choosing who was going to get
the spaces, um ... was ... was not unfair, but again, I think that everybody... this is
one area where they felt like they didn't have knowledge, but nobody requested
additional information. Um, we're ... and so the infrastructure and the board of
directors have, as Karen said, have been positive. Um, we also want to praise,
and we think that, uh, personally being a ... a Westside ... um, resident, I love what
the City's doing with, uh ... um, with Normandy Drive too, and I love the fact that
the city staff is really getting involved with the people that occupy the city and
um, being proactive, being, um, very energetic about these projects and being
really available to the, um, to the ... to residents and business owners of...and
building owners of the city. Uh, it's a view of...of the Infrastructure Committee
that there were two proposals that were put out on the table here, and one was for
a specific plan for a sidewalk cafe, and the other was for a specific plan for a, um
...uh, whatever (several talking) planter, thank you (several talking) for a planter
cafe, and ... and um ... uh ... and it seems that it's become very obfuscated by the
Council and uh, and the ... the, at least Infrastructure Committee believes that, uh,
that it ... that it's too bad that these two proposals couldn't have ... be tried
or... first, and then tweaked later and... and um, particularly since the peoples who
proposed them, um, are willing to make changes, whatever changes are felt
necessary. Um ... uh, and it does seem sort of unfair to me that the ... that the
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 36
people that came to you with the ideas are not necessarily the people who if...if
there's a lottery system from the onset are not necessarily the people who are
going to be rewarded with the ability to do this, and um, it seems sort of anti -
commerce to me and... and anti- innovation, and um, it almost seems like a penalty
for having a good idea. Um ... uh ... I think that people are worried about people
not knowing everybody expressed that they ... who returned our ... our, um, survey
expressed that they've had enough time to consider this idea too, which I think
that you should probably now. I know there was some concern about that. Um,
anyway, we're happy that ... we're happy to support this and hope that you are
able to do so too. Thank you very much!
Hayek: Thanks, Bill, for your comments.
Flynn: Hi, uh, Brian Flynn from Joe's Place. Um, I just had a quick question more or
less, um ... I am somewhat in favor of this at this point in time. Uh, the idea's
good; it's innovative. Jim always seems to come up with something ambitious, so
uh, my big thing, uh, as far as the planter, and I know that it's kind of been
separated now, is the planter ... are you requiring that they get neighbor approval
before... before a planter's taken over? It is. (mumbled) Thank you very much.
Appreciate it.
Hayek: Thanks, Brian. Would anyone else like to ... provide comments to the Council?
Okay, let's close it down for Council discussion at this time.
Throgmorton: What's... what's the motion before us? Specifically.
Hayek: Well to take action only on the planter issue ... with the lottery, if needed, for the
planter cafes, and to not take action on the street cafes.
Throgmorton: Right.
Hayek: Presumably so that we take that up at a future date, but not take action on that
(both talking)
Throgmorton: ... be clear about that. (mumbled)
Champion: Well I'm very disappointed. (laughing) That we're not going to include both, but
um ... you know there is ... there is spring (mumbled) people more time to get
comfortable with it. Just hope it doesn't die for lack of picking everything apart
(mumbled) bitter end. (laughing)
Mims: I think we're all in support of it. I think we just want to make ... work out some
details that we're comfortable that it's fair, uh, when we're talking about using
public right -of -way, public property for private business, I think there's a ... a
compelling argument that we need to make sure it's fair for all of our businesses.
Um...
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 37
Champion: I'm not mad at any of you!
Mims: I know! I mean, I...
Champion: I am but (laughter) not! But I'm glad we're going to ... it's not being just put
aside; we are going to discuss it.
Mims: No, I mean I ... I applaud the initiative and the idea being brought forward.
Um ... but I ... I still think it has to be fair for everybody, regardless of (both
talking) who brings the idea forward so I think ... I think we're all on board that
we'll have something ready for spring. I think we just have to tweak a few things.
So...
Hayek: I think this, uh, falls into the category of no good deed goes unpunished, and uh
(laughter) I think ... I'm glad to hear some thanks directed at staff because staff
deserves a lot of kudos for ... for being responsive to a ... a business proposal
down... downtown, and they reacted quickly and um ... I think that ... that's
important to note. I also think the Downtown District was, uh, excellent. It's just
getting off the ground, uh, and... and this was a test in a sense of its organizational
structure, um, and it ... and we put them in a tough place, um, so ... thanks to...to
staff and ... and to the Downtown District, as well. I probably would have
supported moving forward tonight, um ... be ... because my concerns about fairness
were addressed with the, um, with the consent aspect and then the lottery aspect,
um, I think that's ... that was enough for me to be comfortable with giving this a
shot. Um ... but it's clear that the votes aren't there and I think, uh, this is, you
know, I think we should calm the conversation down a little bit. It's funny how
some issues just erupt and other issues, although much more important in the
grand scheme of things, don't garner any attention, but that's... that's (several
talking) yeah, like our budget! Um ... but ... but it is what it is, um, I'll support, uh,
Michelle's motion, um, if for no other reason than just to calm things down
and ... and I would urge, uh, and I think this will happen because I think there's
sufficient interest. All of us involved to make sure that this is, uh, vetted over the
winter months and in place so that come spring, um, we can see if there's interest,
and hopefully get some of this going in early 2013.
Throgmorton: Matt, just ... just for clarification. What would happen if, uh, in the ... in the
unlucky circumstance that the motion failed. What would happen? Would we
then revert to the original motion, or is this the one, the only one that's being
considered?
Hayek: I mean, if... if it failed, someone could... could basically raise what was on the
agenda for this evening.
Throgmorton: Yeah, well I'm going to oppose the motion. Uh, I think of...what I disagree, what
I expressed earlier was the ... in our prior meeting, the one before, was how
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 38
important it was to, uh, to solicit input from, uh, affected business owners, and
Geoff and other... and, under Tom's leadership, has, uh, has done that and the
Downtown District has expressed views and all sorts of people who have
businesses that would be affected have had an opportunity to contribute their
ideas. I think we've already processed the question pretty well and I think it's...
you... you never know with certainty how these things are going to turn out; and
in this case we'd be making... taking... making an experiment, undertaking an
experiment, and the ... the consequences would not be entirely clear until we saw
them unfold over time. And I'm quite willing to let that happen. So I ... I would,
as Connie expressed earlier, and I'm just saying it differently, would much prefer
to see us act on the original... well, the motion as originally expressed in the ... in
the agenda, uh, and move ahead on both the planters and the, uh, the ... and the
street cafes. So I'm going to oppose the motion, uh, on those grounds.
Dilkes: I ... I just want to make sure you know what your options are. You could also
move to amend the ... the motion that's ... the resolution that's been put on the
floor.
Throgmorton: To amend it by ... um...
Dilkes: By inserting ... uh ... street cafes back in.
Karr: And so you would be left with a motion to approve the policy with the lottery for
(mumbled)
Throgmorton: Okay, so ... in that case...
Hayek: Oh boy!
Payne: The only thing is if it fails, it's done, right?
Dilkes: No (several talking)
Payne: No, I mean if he amends it and there's a second and it fails the vote, it's done.
(several talking)
Karr: No, it's back to the motion on the floor.
Payne: No, if it gets a second and that's what we vote on.
Karr: You're voting on amending the motion. You're not voting on...
Payne: I understand that, but if it ... if he amends it and the amendment passes and we all
vote on it and it's 4 against 3 for, it's done.
Dilkes: I'd say it's done, yes.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 39
Payne: Okay! (laughing) So understand what you're doing, Jim! That's all I'm sayin'!
Dilkes: But (several talking) it would be the same result if he didn't make the amendment.
Payne: Correct! Correct, but ... the street cafes is still on the table right now. It's just
deferred basically.
Dilkes: Oh no, street cafes can be brought back under that ... under this scenario.
Payne: Okay!
Dilkes: No, that's not a problem.
Payne: Okay.
Throgmorton: Yeah, I'm not trying (both talking)
Payne: So really alls it would do is say that we're just saying `no' now.
Dilkes: I ... I'm giving Mr. Throgmorton his options in terms of raising the street cafe
issue again. And I want to ... the Mayor gave one option, which was if this one
would fail, to come back to, uh, the earlier resolution that was on the agenda.
Another option is simply to do it by motion to amend right now, um... if it fails
you move on.
Throgmorton: Right. And ... and I ... I don't want to be a fool here. I want to make sure I under
...I'm understanding. If I move to amend, uh, Michelle's motion to ... to revert it
back to what's originally stated in ... in the, uh, on the agenda, so that it includes
both street cafes and planter cafes, and that motion passes ... then that's ... then
that's the outcome. (several talking)
Dilkes: No, then you ... if you make the motion, you get a second, and it passes ... then
you've got essentially what the resolution on the agenda is, and then you will vote
on it.
Throgmorton: (mumbled) right. Okay. So ... so then it'd be an up or down vote there, right, for
that thing. Okay. So ... and if my motion to amend is defeated, then okay, well
we're just back to your motion and we vote on it. Right?
Hayek: Did you want to propose something?
Throgmorton: Absolutely! I ... I move to amend Michelle's proposal ... uh, to revert the language
back to the or ... text as it originally appears in the, uh, in the agenda.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 40
Champion: I ... I'll second that. I think people have to decide how they're going to vote on it.
I mean, I know it...it isn't going to work. That's okay. I'm going to second it
anyway.
Hayek: Okay, there's a motion from Throgmorton; it's been seconded by Champion.
Discussion on that? All those in favor say aye. Opposed say nay. It appears that
the motion fails 2 -5.
Throgmorton: (mumbled)
Champion: Okay!
Hayek: Yeah. So now we are back to any further discussion on Michelle's motion, as
seconded.
Throgmorton: I think it's much better to move ahead with the planters than, uh, to not move
ahead with the planters.
Champion: Right.
Throgmorton: Uh, and ... I ... I just wanted to, I don't know, just kind of go off here for a second.
I've spent so much time walking around in European cities and they are full of
outdoor cafes. You find `em all over the place! People meander through them,
uh, they sit down, they watch people go by, it becomes part of a really vital,
exuberant kind of way of living, and I am absolutely in favor of moving us in that
direction.
Champion: Oh, Jim, you ... you just have to go to San Francisco, New York, or Chicago
(several talking) ...don't have to go to Europe!
Throgmorton: You're exactly right about that, because it's (several talking)
Champion: ... so uptight with `em!
Throgmorton: It's a trend that has been under, uh, in process now for at least the last ten years in
American cities, as well. So, I'm fully on board with that idea. All right, so I will
support this motion.
Hayek: Uh, further discussion? Could we get a roll call, please. Item passes 7 -0.
Karr: Motion to accept correspondence.
Dobyns: So moved.
Payne: Second.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 41
Hayek: Moved by Dobyns, seconded by Payne. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7 -0.
Mims: Before we leave that, just real quickly...
Hayek: Yeah, sure!
Mims: ...I would just encourage that we as a Council ask staff to put this back on our
next work session maybe so we can kind of clarify our issues so that we don't lose
momentum on this and make sure it's in place.
Markus: We can come back with some recommendations based on the conversation we
heard so that you can move forward with it.
Mims: Great!
Markus: I think we have a sense of the Councils' (mumbled and several talking)
Mims: ...taken us a while to make it clear, I should say!
Dobyns: Give us another hour! (laughter)
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 42
ITEM 12. CONSIDER A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO TYLER TECHNOLOGIES, INC., FOR FINANCIAL,
HUMAN RESOURCES, PAYROLL, AND UTILITY CUSTOMER
INFORMATION SOFTWARE.
Mims: Move the resolution.
Dobyns: Second.
Hayek: Moved by Mims, seconded by Dobyns. Discussion? We have a staff
presentation.
O'Malley: Yes! Honorable Mayor, Esteemed Council, good evening. For folks at home, my
name is Kevin O'Malley, I'm Director of Finance, and I have a colleague here
who's going to help me with some of the presentation. I also have two other
colleagues in attendance tonight — Eric Goers from the City Attorney's office and
Gary Khan, Information Technology... Technology Services Manager. Uh, just
want to give you a... a brief, uh... comment about this RFP process and ERP, what
ERP software is. Uh ... I've been around the City for about 27 years. I've been in
the software business for a long time dealing with bits and bytes. It's kind of
been a hobby of mine. Um, and back in 1998 we started this process, uh, we
recognized back then that we had people retiring and at that time we kind of
fought over best of breed versus Enterprise resource planning software. It was
kind of like, uh ... um, less filling, light beer tastes great type thing (laughter) you
know, it was whatever you liked, and best of breed, with an organization like ours
so diverse, we do have some best of breed software, such as our animal licensing,
our ... our recreation licensing and Senior Center licensing and our fuel licensing.
However, uh, we decided not to pursue things in 1998, uh, the price tag was like
$2.5 million, um ... technology was just about ready to change. The internet
bubble happened in 1999. The Y2K scare, uh, happened a year later. Uh, and so
then we decided to bring the subject back up and ... in 2008, and I spoke earlier
about, uh, how we went through, uh, working with a software consultant and
purchasing Enterprise, and then not being able to fulfill the bill. Um, couple years
later we decided we still had ... we had two more people retire that support our
software, and we said we better get back on the ball and start the process. I'd like
to, uh, introduce Steve Bird. He's our Project Manager on the ERP, uh, project
and he can go through these slides. Thank you for your indulgence.
Bird: Good evening! (clears throat) Uh, we're just going to run through the agenda.
We'll introduce the project, give the history and background, discussion of the
solutions that were proposed, uh, Kevin will talk about the financial impact, and
then we'll make our recommendation and answer any additional questions you
may have. ERP software is Enterprise resource planning software. It's, uh,
software that's available across the organization. Uh, the modules that we're
looking at are financial, HR payroll, and uh, utility billing and customer
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 43
information. (clears throat) Uh, all of these modules share the same database so
all the data is available to everyone across the organization. It eliminates
redundant data in separate systems. Uh, it should improve productivity by, uh,
instead of submitting a paper request to another department, now you can enter
the request online and the work flow in the software will route it to the
appropriate places for approval and processing. We developed a request for a
proposal to go out to major vendors, uh, for this software, and uh, at the end of
this I'll ... I'll, uh, present the proposal timeline that was executed. Um, as Kevin
started to mention why the software's needed — our systems are, uh, getting fairly
outdated. The, uh, payroll and utility systems are both developed in the 80s. Uh,
they ... they don't share data. They don't share processes. Uh, some people don't
have access to `em. It's difficult to get information out; uh, most of the time if
you need information you have to submit a request to IT to pull it out for you.
Uh, in fact we have no HR system at all now. They use, uh, spreadsheets and
Word documents. And uh, current programmers that are left are near retirement.
We've already had three retire and there's only one left now supporting most of
these systems. We did have a prior ERP experience, uh, in 2008. The City issued
a RFP and selected Enterprise. Uh, that project began in January of 2009 and
during the execution, Enterprise was unable to meet many of the obligations and
milestones that was in the project plan. Um, in December 2009, the City decided
to, uh, break the contract and ask for our money back from Enterprise. Uh,
however, the project was not complete though because during that project we did,
uh, document the processes across all of the departments in the City that are
covered by this project, and uh, we were able to use those ... that documentation to
develop a very detailed RFP this time, which contained 23 pages of our functional
requirements. So the RFP that went out this time was very specific to what our
City's, uh, requirements are for this software. The RFP was issued in September.
There was a pre- submission conference held in October, and that was attended by
several of the proposers. Uh, questions were asked and we ... they were answered,
and then the proposals were due in November. Five proposals were received.
Uh, they were from Advanced Utility Systems, which is not an ERP solution. Its
focus is entirely on utility billing and customer inf...customer information. Uh,
Kronos, which also is not a, uh, ERP. It's more of a time - keeping and HR payroll
system. New World Systems and Tyler Technologies are fully integrated, online
ERP applications, and we received a proposal from Yardy Systems, which is
actually a property management, uh, software. In the uh, RFP there was a phase
one evaluation criteria listed and these proposals were scored, uh, against that
criteria, and um, the criteria was meeting our requirements. Uh, like I mentioned
before, we had 23 pages of requirements that included over 400 questions asking
each proposer how their software would process our functional requirements.
And, depending on how they answered those questions, a score was developed.
Um, we also scored on their proposed implementation plans. We asked each ... in
the RFP we asked them to provide a plan on how they would, uh, install the
software, uh, configure it, train, and implement. We also scored on the cost, both
cost of the software and the project, and then in addition cost of five years of
maintenance. And then, we had, uh, terms and conditions built into the RFP and
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 44
we, uh, scored on their compatibility and if they had any issues with those terms.
And we asked each in the RFP we asked the proposers to provide at least five
references and we contacted all of those references that they provided, and had a
standard set of questions to ask each one so that we could, uh, eval... evaluate the
responses. Phase one ... after phase one evaluation, Yardy Systems was dropped,
because it didn't meet 25% of the requirements that we had in the RFP. Uh, the
remaining four scored above the minim... minimum points to continue on, so all
four were invited in to present three days of presentations and functional
demonstrations. Uh, now we provided a script to all of these proposers so that if
they followed the script, we could fairly compare and evaluate them. Uh, the
presentations and demos were conducted in January and February of 2012. After
the phase two evaluation criteria, there was a couple things added. We still
compared, or scored on meeting the requirements. The proposed implementation
plan and the cost. But now we also scored on the demos and the interviews... that,
uh, were conducted. Um ... compatibility with contract terms and conditions, and
then we also went back and looked at other references, and then we conducted
some site visits to their current clients. Advanced Utilities and Kronos were
dropped. As I mentioned before, they were not ERP solutions. They were
focused on utility billing and ... and HR, uh, time - keeping, uh, and they were also
expensive. They were almost as much, cost almost as much as the full ERP
solutions. So we decided at this time that they could be eliminated. So current
customer site visits were conducted for New World Systems and Tyler
Technologies. We went to, uh, four customers for New World Systems and three
for Tyler Technologies, and received mostly positive feedback. Uh, after the site
visits we were still undecided, still kind of divided on which one was preferred.
Uh, so we asked for both of these proposers to come in for on -site lab sessions.
And so, again, these were scripted. We provided scripts of the transactions that
we wanted to see entered into the systems, uh ... the proposers again presented
their functionality, but this time we had City staff mem ... uh, members available
who watched and could actually sit down at, uh, eight laptops that we had in here,
and they could actually enter transactions and see how the applications worked.
They actually looked and felt the applications. After phase two evaluation, uh,
Tyler Technologies was ranked a little higher still, uh, but some areas still
preferred New World Systems. So we were kind of still decided and uh ... we then
requested a best and final offer from both proposers. And here's a comparison of
those two, uh, Tyler Technologies over the five year ... is about $30,000 less. Uh,
software licenses are ver ... fairly comparable. Implementation, Tyler is much
higher, or not much higher but higher; and uh, the five -year maintenance cost,
Tyler is lower. Now in this best and final offer, Tyler Technologies lowered their
software costs and their five -year maintenance. They left their implementation as
was. So they didn't cut anything there. On the other hand, New World Systems
cut $70,000 out of their implementation fees. So, after a very thorough and long
proposal evaluation, um, we'll run through this. The RFP was issued in
September. Proposals were received in November. We had presentations and
functional demos in January and February. Uh, client site visits in April and one
in early May. Then the lab sessions conducted in June. Best and final offers
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 45
received in July. And it was decided at that time, because Tyler scored higher on
the evaluations and came in at a lower five -year cost that we would begin
negotiating with Tyler Technologies.
O'Malley: Uh, Steve wanted me to comment on this slide. I ... I mentioned it to you earlier
that software costs were about $832,000, uh ... our current budget only has
$511,000. So, our project looks like it's short about $391,000. Uh, I'm doing
carryover amendments now for all capital projects and a few operations and that's
when I, uh, asked Tom if that'd be a good idea to use, um, some interest income
to finance this project. And so he agreed with it, and I created a budget
amendment, uh, that'll be on your, uh, agenda next, uh, on the 181` for approval,
along with the other CIP amendments. Um... as I mentioned earlier, the FY07
GO bonds, uh, were issued at a time when there were actual interest rates being
paid on money, and uh (several commenting) the projects ... the projects took a
long time, uh, due to the flood we pushed a few projects back. We changed a few
things, and during this five years we earned about $400,000 in interest.
Bird: So based on the evaluation of the proposals and on the favorable contract terms
that we were able to reach agreement with Tyler Technologies, uh, the evaluation
committee is recommending the purchase of Tyler Muni Software and uh, the
services will include installing and configuring the software, uh, converting some
of the legacy data from our existing systems, and training City staff on the Muni
software application. Uh, the proposed timeline ... is 18 to 24 months for these
three modules. Now this is the best -case scenario, which is 18 months. As you
can see, the modules will overlap, um, now this is best -case scenario; if we ... if
we decided to spread that out a little bit, so there's not so much overlap, then it
could be a 24 -month project. Any questions?
Dobyns: What cities did you go visit for Tyler? You said you made some road trips.
Bird: Yes.
Dobyns: And were they part ... were they also your references?
Bird: No! The cities that were visited were separate than the references that were
checked. Okay, so cities ... that we visit ... were visited for, uh, Tyler were Beloit,
Wisconsin; Schaumburg, Illinois; and the St. Louis County, Missouri.
Markus: ...all similar applications.
Bird: I'm sorry?
Markus: Similar applications.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 46
Bird: Yes, uh, some of them... a couple of the New World Systems had not
implemented HR payroll yet, but others they ... they were on the financials, at
minimum the financials; financials and utility billing.
Payne: How... how... old is Tyler Technologies? This isn't like leading edge software.
It's...
Bird: No, Tyler Technologies is, I believe, about 30 years old. The software was
developed on other... platforms but has evolved over time to a online, net
application.
Payne: Will it only take one IT person to support this system, or will other IT ... cause
right now you said you only have one IT person left that supports the current
system, so will that IT person support this system and others support this system,
or ... have you decided that yet?
O'Malley: I'll try to answer that. Uh, this system, uh, will be ... the basic system will be
supported off -site by the, uh, by the contractor, by Tyler Tech. Uh, this system
does not do everything we currently can do. So our IT people will still be
building interfaces with Tyler Tech to, uh, facilitate customer payment systems or
other types of systems. But we will not have, uh, well actually we are ... we do
have somebody we hired who's replacing, uh, a legacy system who ... who's, uh,
training on this net technology who will be our in -house support for the minor
reports that we want t generate out of it, but we will not be touching the database.
Does that answer your question, Michelle?
Payne: It brought up another question.
O'Malley: That's fine cause our current ... our current software's so flexible, everybody gets
there and changes things and it's not good. So now we're going back to a very
structured environment, which may not be as flexible for us or for Council
initiatives if we want to change the way we do things, and so we'll have to live
with this off the shelf product. We'll be able to get more reports out of it, and get
more functionality out, which ... which our current system doesn't have.
Payne: Is our current system built in -house and that's why...
O'Malley: Yes!
Payne: ...okay, so that's why every ... the programmer knows how to program it.
O'Malley: Yes, that's correct.
Payne: Um ... so what we talked about earlier with the customization that was pretty
expensive.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 47
O'Malley: Yes, yes.
Payne: Is that something that could be a module built off to the side...
O'Malley: Yes, that doesn't have to be purchased from Tyler. We could probably still do
that on spreadsheets or... or some other type of database interface. Using .net.
Payne: Still a little part of the whole picture (both talking)
O'Malley: There's several of those, uh, little pieces and we noticed, uh, there's some pieces
that we may want to buy later, and we thought well, if we don't buy that, they'll
give us credit toward other services, so there's a little bit of a laundry list. I'm not
sure if you've all seen my email to, uh, Dr .... Dr. Holder, but in there there was a
laundry list of other options that we could buy, uh, I think one of `em was, uh,
performance -based budgeting. We have an interest in that, but we don't think
we're ready for it. It's going to take at least another year, 18 months, and we
thought we might do some swapping out if we can do some of these net
programming ourself in house we'll ... we'll do that, so ... we're not, uh, it's not
going to be a completely, um... out - source solution. We will be able to create
some of our own products.
Payne: Thank you!
O'Malley: Any other questions?
Hayek: Nope, doesn't sound like it.
O'Malley: Well I appreciate your time, especially this late in the evening, uh, listening to our
presentation.
Hayek: (several talking) thank you for... for a very in- depth, uh, presentation (several
talking)
Champion: ...outstanding and I think you probably put these people through the mill. I'm
surprised even wanted the business! But thank you very much!
O'Malley: I've got a lot of good staff who ... and with the help of the City Attorney's office,
it was ... we put `em through the mill very, very much. Thank you!
Hayek: So, uh, Council discussion. If any.
Dickens: I think we talked about it in the work session a little bit because we had problems
with the first one, what was built in as a security and Kevin had explained to us
early on that we ... worked a deal with the company to ... to not have as much
money up front, so we're a little bit protected in that way, and then that ... that was
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
O'Malley:
Dickens:
Page 48
a concern that I heard from people talking about when we were looking at this
new system was (both talking)
Yes, uh, Terry, we ... with the help of Eric Goers and ... and we worked very hard
to make sure, we pressed very hard, to make sure that we didn't put very much
money upfront. We ... we recognize the software vendors reluctance and we told
`em because of our unusual circumstances, this is the only way we could go, and
uh, they balked for a little bit, uh, Eric and I checked with the manager, Tom, and
Tom says that's the way to go, and so we stuck to our guns and then they said yes,
we'll ... we'll go along with it.
I appreciate your work on it.
O'Malley: We also were able to, uh, get some savings on the ... the yearly maintenance. We
froze the first year maintenance and uh, we got maintenance, uh, I think not to
exceed 3% each year, which in the original contract was 5 %, 7% annually. Any
other questions? While I'm here?
Mims: Great job!
Champion: Thank you!
Hayek: Well, it's clear to me that ... that the vetting, uh, of this particular (mumbled) was
exhaustive, and for good reason. Um, so appreciate the efforts to date on that.
Seems to me that the need is ... has been amply demonstrated, and I did a quick
search of ..of Tyler and their ... their client list with respect to municipalities that
have contracted with them for ERP purposes, shows a list of ..of municipalities
and ... and other local governments around the country. I mean, this seems to me
to be a very prudent move. Any other discussion? Roll call, please. Item passes
7 -0.
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 September 4, 2012.
Page 49
ITEM 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY IOWA
FOR THE PROVISION OF ANIMAL CARE SERVICES.
Payne: Move resolution.
Dickens: Second.
Hayek: Moved by Payne, seconded by Dickens. Discussion? I ... I'd like to publicly
thank the County, uh, for ... for, uh, joining the group, uh, and the efforts that
they've put into this and also I'd like to thank staff, uh, City staff have worked
very diligently with all of the ... all the partners, uh, in this venture, um, including
this most recent, uh, joiner with ... with the Board of Supervisors, but thank you to
the County and thank you to City staff. Job very well done!
Throgmorton: For sure!
Hayek: Roll call. Item passes 7 -0.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 50
ITEM 17. CITY COUNCIL INFORMATION.
Hayek: We'll start down with you, Jim.
Throgmorton: Oh, good, I get to go first! Uh, I have two things. I want to draw attention first to
a celebration of, uh, the renovation of North Market Square Park. It's going to
take place on September 9t', from 2:00 to 5:00 P.M. During our work session I
think it was Michelle said something about it and somebody else praised it. I
guess Matt. Done a superb job Mark Moran and the Parks Department deserves a
great, uh, great deal of praise. Also John Thomas, who's done a lot of volunteer
work on it and (both talking)
Champion: ...neighborhood's been great with (both talking)
Throgmorton: ... the second thing I wanted to mention is, uh, another urn ... matter of praise. I
want to praise my colleagues Connie Champion and Susan Mims for the, uh,
guest opinion they had in the guest ... in the Press - Citizen this morning concerning
the relationship between maintaining high - quality schools and maintaining high -
quality neighborhoods. It was an outstanding piece of work, timely, and had a lot
of its persuasive power, I think, came from the fact that both of you had served on
the School Board prior ... before now. So you know what you're talking about.
Thanks for writing it.
Champion: Um, no thank you for bringing that up. I'm wondering if anybody else is
interested in exploring this possibility of more protection for our older
neighborhoods and can we put that on a work session.
Throgmorton: Yes! (several responding)
Hayek: Okay.
Markus: We'll do.
Hayek: (mumbled) ... done. (several talking)
Mims: Um, I would just comment with respect to one of the, uh, individuals tonight
talking about the cost of housing, um, in Iowa City, and ... and I speak to it
actually from a very personal perspective because, um, my daughter just moved
back to town, and so we have been spending a lot of time doing some house -
hunting recently, and ... uh, just did a quick Google search on one of the ... the real
estate web sites, actually while the individual speaking this evening, and on one
web site I came up with 103 properties in Iowa City that were listed in the realty
market for under $150,000. So there are affordable houses out there, and I have
been in a number of those. They looked very familiar because my daughter has
been looking, and so ... you know, yes Iowa City can be expensive but there are
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 51
affordable homes and they are ... there are some that are in great shape; there are
some that are more fixer - uppers, and there are some that I wouldn't want my
daughter to set foot in, but there are good homes out there, and so I think people
have to, uh, use a little bit of energy to look, um, but there certainly is affordable
housing in Iowa City.
Champion: That was a very good point to bring up, and I think at one time the realtors gave
us some information, and there were actually a lot of houses under $100,000.
Mims: Well this was just web ... one, this may not have been everything in the multiple
listing. But there was 103 that were listed at $150 or less.
Champion: Good for you! Yeah, good for you.
Mims: So...
Hayek: Thank you.
Dickens: Nothing.
Payne: Nothing from me.
Dobyns: Nothing.
Hayek: Uh, two items. I, uh, Friday, uh, looks like the White House is coming to town,
and we'll be honored with a visit from the President and Vice President and their
entourage but to the public, be ready. I think we're going to see some street
closures, uh, and so ... please be accommodating. Uh ... but we're looking forward
to that visit (several talking) Um ... and then secondly, uh, this was not discussed
tonight but it was in the packet — Simon Andrew did a ... he's our budget
management analyst here at the City, and did what I think is just a fantastic FYI
year -end summary, uh, very easy to understand, uh, very easy to ... to follow, no
matter your background in finance, let alone municipal finance, um, anyway, I
just wanted to call that out as ... as really excellent work. It helps us understand
where we are, um, and ... and uh, how we've performed, etc., so ... just wanted to
say, uh, a job well done.
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.
Page 52
ITEM 18. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager
Hayek: City Manager?
Markus: Thanks for those comments! Nothing else!
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of September 4, 2012.