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HomeMy WebLinkAbout2012-09-18 TranscriptionPage 1 ITEM 4. 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 Council on items that are not on the agenda. If there's something that's not on our agenda, invite you to step forward, uh, please sign in and also verbally give us your name and we ask that you keep your comments to five minutes or less. Gravitt: My name is Mary Gravitt. (coughs) Excuse me! And I'm here to request an ... a half -hour service for the mall bus. The mall bus ... on the mall bus, since the construction on Highway 6 and the Broadway bus has been all ... for all intents and purposes, terminated because it only goes out to the, uh, mall, the other mall. I keep forgettin' the name of it. Anyway ... we're packed on that bus, cheek and jowl. We have the ... the clients from Goodwill. We have the workers who work at Access, because the City has been extended to Scott Boulevard and we have all those factories. People want to go to Sycamore Mall. We have the Kirkwood students. You have the University of Iowa students, and you have the people who want to go to Eastdale Mall, and plus the Sycamore Mall. So I don't care what time of day you got on there, there's no room to move! I've complained to Transportation. Transportation told the ... the person, I finally got a supervisor after getting the runaround. He told me, well, we have some buses, but they have to be serviced and there's no drivers. Then I realized I was talking to a bus driver. He was a supervisor. He can drive it. All I'm interested in is a bus that goes from downtown... does that circle all around Access, Scott Boulevard, comes back and comes back downtown. It doesn't even have to make the whole run. But I think we deserve some respect as passengers who ride public transportation, and as this man was talking to me, I told him, `We pay to ride the bus. How ... why can't we have good service,' and the first ... and as he continue to talk, the first thing I thought about was what happened to the Jews in the 1930s. People don't realize some of those people had to pay to get on that packed freight train to go to their death. Now, we don't have to be ... with ... this is Constitution Week. American citizens don't have to be packed in like that, and I know there are buses in the garage, and people need jobs. You can find a bus driver! Let some of the supervisors drive! I'm from Philadelphia, and when things got tough, the supervisors drove the bus, and it's not fair that disabled people have to stand. Some of the Goodwill clients, they can walk, but they can't stand. They're like giant toddlers. So they have to have seats and people that are sitting have to get up. I had a pregnant woman, she ... she argued with me so much to let me sit down so she could stand up, and she's eight and a half months pregnant, and when the bus had to make a sudden stop, I thought she was gonna fall! So the idea is we need a half -hour service on the mall, at least until Highway 6 is finished, and I know the Transportation company knew that the highway up there by the mall was gonna be dug up, cause they don't just call you, hey guys, we're gonna dig this street up tomorrow! He says, okay, the bus'll stop running! No! I want half -hour service on the mall bus, not only me ... but other people, poor people, because money comes into a city on block grants and so far, all the people This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 2 that the money came for all they got was $15,000 while other people can get $2.5 million! Now ... now this is what I want ... I want half -hour bus service, and if you're not gonna grant it, then it has to go from here to the federal government. Thank you! Hayek: Thank you for your comments! Gaer: Uh, Mr. Mayor, Members of the City Council, Steve Gaer, R &R Realty Group, uh, 1225 Jordan Creek Parkway in West Des Moines. I'm here with Brett Bosworth, and uh, Steve Moss to bring you up to date and to share, uh, an opportunity and a timing concern that we have, uh, as a part of, uh, the office park development that we're working on, on Mr. Moss's land. Um, Karen, Jeff, the City Manager have been fabulous workin' through the development issues with us. In fact P &Z's approved the zoning request. I think Thursday the preliminary plat's gonna get approved. Um, we have a build -to -suit customer that we have now ... we're finalizing the details of it, but suffice it to say that they've selected a lot in the Moss development. We've agreed on essentially the building design. It'd be a 27,000 - square foot office building. Uh, we've come up with preliminary budgets on pricing, rents, the length of the lease, and it's just a matter now that our construction company's actually formally getting, um, hard numbers on this project, but uh, we're pretty confident that we're going to get there. The issue that we have is timing. This tenant needs to be in this building, and we need to have it done by November 1 of 2013. Um, we've suggested that from a finance ... uh ... uh, construction cost standpoint, it would be ideal if we could get back to that site to rough grade the building pad this fall, so that we can start foundations and building the building as soon as, um, we can in the springtime. Um, if we can't get back there this fall, um, we jeopardize the pricing of the project and the issue that we're concerned about now is actually getting the north access road constructed and opened, cause the last thing we want to do is invest money to grade a building site, uh, and start building the building and we have no road back to it. And so I know that, um, I met with the City Manager and Kate Manett, um, with Pearson on the 291h of August, and people have been diligently working on, uh, the timing of this north access. Um, I have an email that's, uh, was sent by Pearson's attorneys, uh, two days ago, September 17th, and ... and gave ... gives us great concern and we had a conference call today with the City Manager and the folks at Pearson. Pearson representatives have expressed a willingness to discuss the possibility of a road over the northern portion of... of its property, which would provide access to the Moss farm, but a permanent road through the Pearson site is by no means a certainty. And they made it very clear to us today that they are not saying it's just a matter of agreeing on price and we'll give you access. They said we cannot make that commitment to you today, and I said, well that puts us in a tough spot, because how can we move forward with this development if we can't be guaranteed that we have a paved access back to this building? And so, um... in visiting with the design engineers, I asked `em from a construction standpoint, when would that north access have to be started from a construction standpoint to guarantee that that road would be open by November 1, and they This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 3 said you'd have to start by no later than April 1St. So now the question becomes, how can we assure ourselves that actually that north access is going to occur in a ...in such a timing, uh, manner that allows us to move forward with this building. And I'm suggesting that based on the conversations today, and based on the comment from Pearson's, uh, attorney, the only way to assure us of that is if the City's willing to start the condemnation process today! I mean, hopefully there can be an agreement reached with Pearson, but if the negotiations continue on for a few months, uh, I don't know that, um, I don't know that the timing allows us to move forward with this because it's too big of a commitment, unless we can be assured that that road's going to be done by November 1. So ... our ... our suggestion or request of you is to start that condemnation process so that we know that you're going to have ownership of the land that you need for that road to get built so that we can build this building and move this customer in by next November 1. Um, and I know that the City Manager is ... is visiting on schedule with the City turn ... City Attorney to say when would we have to start that process, but literally we would need to have, you know, according to our engineers, that road would have to start being built on April 1St. So we need your help to make sure that that is going to occur, um, like I said — we'd like to start gradin' this fall but it's hard to spend that kind of money if we're not going to be assured that that road's going to be available to us. So, our request is if you would at least start the process, I mean, you can always dismiss it if you come to an agreement, but we would hate to see these negotiations go out, and based on the comments today with the site work and stuff, we're probably not going to have ... or you guys aren't going to have really an agreement in place with the amount of land you need until the end of November! Well, if they say no... you know, we probably missed this opportunity to build this building to start this development. Hayek: Appreciate those comments, uh, Steve, and uh, appreciate the ... the pressures and ... and ... and ... the various dynamics involved here, and all I can say is, you know, urge you to continue your communication with the City Attorney and the City Manager's office who are leading the, uh, on this issue on behalf of the City. Gaer: They've been great! Hayek: I'm glad you've... you've brought this to our attention. Gaer: Yeah, and I ... and I have to share with you that we think this'll be a beautiful office park, I mean, we have six million square feet in central Iowa. They layout of this land, this location, this would be a stunning office park for this community, and we're anxious to get it started, and we just don't want to miss this opportunity to get somebody in there next fall, cause who knows how quickly the next opportunity will come, and once you get a development like this started, the first person in, it really, really, um, accelerates, um, the excitement that people have and they can see what's going on. So I can share with you, that's a beautiful piece of property for an office park. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 4 Hayek: Thank you. Mims: Thank you. Murphy: Good evening. Uh, my name is Mary Murphy. I live in Parkview Terrace which is slightly upstream and across the river from the Idyllwild subdivision, which, uh, was discussed at the earlier work session this evening. I did have an opportunity to review the many letters that Idyllwild supporters sent in, uh, our neighborhood was not aware until recently when the agenda was published that this was going to be on the work session topic tonight, or we undoubtedly would have sent in at least some more letters, other than just one. Uh, so I wanted to make a few comments tonight. It strikes me that Idyllwild quagmire for flood mitigation is analogous to city folk who move out to the country and then later complain that their neighbor has a rooster. Idyllwild owners, as did we all, bought property on flat ground by a river. I would like to say that there is no effective buyout strategy for all of Parkview Terrace. Certainly many houses and homes have been bought out; however, many people were not offered buyouts, or at least some of us were not offered buyouts. Other people were not eligible for a buyout, and some simply couldn't afford to take a buyout. So there will be homes down in Parkview Terrace, and there is no money in the City budget to buyout any additional homes currently, or at least that's my understanding. Second, this flood mitigation proposal for Idyllwild is really quite extraordinary! There are millions of dollars at stake, and normally CDBG dollars are used for low- to moderate - income beneficiaries. That is certainly not the case here. Uh, one thing you might want to think about, I certainly am opposed to this development, but I don't think it would be unreasonable for a public /private partnership to be formed if it does go forward. I think Idyllwild ought to have skin in the game, and they ought to be responsible for some of the cost of this. This is not parkland that will benefit the entire community. There is no essential public infrastructure here like a hospital or a fire station, which will benefit the public. This would be flood mitigation simply for one very small private section of town. And it's flood mitigation that the people directly in front of them who bought along the river and who have not complained about it, and those of us who are still in Parkview Terrace do not want. Now ... this flood mitigation is going to be paid for partly by grant money. That CDBG money is not free money. It will also have to be paid for with our general obligation fun ... uh, bonds, which would be ... then to be repaid out of Iowa City tax dollars. That's going to be expensive. The figures that Rick Fosse had up tonight underestimate what the consultant is currently estimating, and the consultant's figures don't include everything. So, every single property owner in Iowa City will ultimately bear some of the burden for this flood mitigation. Finally what I would like to remind everyone of is that Idyllwild owners bought on a river, not a pond. Everything underneath the bluffs, or between the bluffs, is subject to flooding. The river's not a surprise. Many of those Idyllwild owners now, and I believe there were 43 the last time I counted. I may be off a buyer or two, bought after the flood ... knowing clear well that the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 5 Iowa River came up in 2008. So, when we think about what they bought, they bought property on flat ground by a river. The problem they have, perhaps, and this is probably true of all of us who live along a river, is that the value may not be as expected. But certainly what remains of Idyllwild is really quite lovely. All of the 92 condos are still there. There are people living in all of them, as far as I know. The rents on the ones that are being rented out are quite high, and the City still derives quite a bit of tax revenue from those condos, without a floodwall. Certainly the Idyllwild owners, and there aren't 92. I believe the figure is now under 70, because some of those owners own multiple condos, some of which were purchased at very inexpensive prices following the flood at a time when people are vulnerable. Um ... but they have the opportunity to purchase flood insurance and I appreciate Council Person Throgmorton asking about that. The association also has the opportunity to set up a reserve to cover losses that are not covered by flood insurance. So as you think about this, I'd like you to keep all of that in mind. Thank you very much! Hayek: Thank you for your comments! Moss: My name is Steven Moss and I'm the face to the development that we're trying to do, and I've been working on it for four years. Uh ... and invest a lot of time and money in the project and we're at a stage right now in the project where we have to get Stanley Engineering, get people in to look at the, uh ... um, for artifacts, uh, flood plain, uh, anything else that might be there, and we have to do it immediately. I'm supposed to sign a contract tomorrow, and I sure don't want to sign (mumbled) sizeable contract without some kind of, uh ... thoughts on the City Council's part that we're able to go forward with this and complete this building. I mean, four years is a long time to be workin' on a project, and I've never stopped, so it...it might seem like it ... you just, we just (mumbled) to make it, uh, this whole thing, put it together, and it's not a simple task. So Steve covered everything real well, but it is very important ... if it was up to me, I would have both sides, both roads in, but that's not the option. We want the road to the north so we can get going, so we can start on the project, not lose a customer and get the development. It'll benefit Iowa City, everything we're doin' on the project. Hayek: Thank you, sir. White: Hi, my name is Jim White. I live at 121 Taft Speedway. I'm kind of in a quandary. I don't know whether to do Plan A or Plan B. Originally I had Plan A but then I came to the work session, and I thought I should do Plan B. I don't have all the answers, but I do have some experience, and I thought I'd address some of the things that came up at your work session, and I'd also maybe raise some questions. During flood event, those are the federal words — the flood event — you can't drive on a levee. And after 911 the restrictions on driving on any earthen dam or earthen levee is even more restricted. If you've been out to see Hoover Dam you'll note that the government's spent a lot of money to build another road so no one drives on Hoover Dam anymore. During the flood event, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 6 you couldn't drive across the Coralville Dam. During a flood event you couldn't drive across the dam at Lake Delhi, for obvious reasons. So as far as building a levee, a road, or anything, if you're thinking that's going to be a secondary access to the Peninsula during a flood event, it won't be. In my opinion, Foster Road would not be protected by a Taft Speedway/No Name Road levee. It'll be in a fishbowl. Uh, Rick mentioned the concern about a tributary entering this area from the northeast, under Dubuque Street. Well, there's also another tributary that enters from the northwest under Foster Road. In fact one Idyllwild resident who used to live in Burlington, Iowa, now lives in Idyllwild has written letters, and also at public meetings has indicated that he ... in 2008, he wasn't flooded by the Iowa River coming from the south — he was flooded by this tributary, coming down the gully from the north. If you have to do anything at all, and I think if you just look at any pictures, the pictures from the Press - Citizen or anywhere aft ...during the ... the worst part of 2008 flood, and if you're paying for it out of your own pocket, you'd probably raise Taft, excuse me, you'd probably raise Foster Road. It'd be a lot easier to raise 600 feet of a road than maybe a mile and a half of No Name Road and Taft Speedway. But I think at the same time, you should extend Foster Road to Prairie du Chien, and if there are other monies available, and to help alleviate traffic problems and congestion when you're building the Dubuque Street project, if Foster Road was elevated so people could get to the west end of the Peninsula, and they could also turn left and go to the east to Prairie du Chien Road, I think it might help alleviate some of the Dubuque Street problems that are gonna ... that have even been forecast by, uh, by this project of tearing up Dubuque Street. Does the City actually have the funds for the Taft Speedway/No Name Road, I mean, do you actually really have those funds in hand? Or have you been given $84,000 or $86,000 to do a feasibility study? And that those funds have yet to be really given to the City, for the ... for a Taft Speedway or No Name Road, uh, levee. I thought it was kind of interesting on one of the overlays there was a mention that there was a Taft Speedway levee and I didn't know the consultants had made a decision yet, but I guess ... I know you can't put the cart before the horse sometimes, but on one of the overlays we have mention of funding for a Taft Speedway levee, yet the cul ... the consultants, to my knowledge, haven't made a recommendation. About flood insurance, not an expert on that, but I can tell you it probably costs about $500 per $100,000 valuation of your home. It does not cover anything outside the building. You have to pay extra for content insurance, so you can insure your building or you can insure all or part of your contents. But here's the real kicker — it doesn't include insurance on your property — your land — so if the land is scoured out by a roaring gorge, you replace the land at your cost. If you lose 25 trees, you replace the trees. If the trees die, you replace `em, you cut `em down and get rid of `em. If you lose your shrubs, you replace `em. If you lose your driveway, you replace that. If you lose your sidewalk... flood insurance doesn't cover anything outside of the building. Down in Des Moines County, the Des Moines County Supervisors built an earthen levee. People that lived on the `right side' of the levee actually had their property scoured out because the levee created such a force with the Mississippi River that it scoured out their land and they couldn't This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 7 even make access or get access to their private homes. So they were in the potential lawsuit against the Des Moines County Supervisors for first building this earthen levee, and second because the Supervisor said, That's your problem and we're not going to correct it. (mumbled) all this expense of building new roads and driveways and sidewalks and shrubbery and having to buy four -wheel drive vehicles to get into our homes is being caused by your earthen dam. So I'm telling you that, uh, flood insurance doesn't cover everything, and it's not a catch- all. I was given the opportunity when I built my home ... it was indicated to me, and it wasn't any guarantee, that if I would pay MMS $300 they would come out, and this wasn't coming from MMS by the way, they would come out and do a survey and fill out the necessary forms, and I could probably get out of being required to have flood insurance. Now I had a loan ... I didn't pay for this house out of my own pocket, so I had a loan. So the bank had something to say about this. The bank said if we're going to give you any money, and loan it to ya, you gotta have flood insurance, but you can still get around it because what MMS does is they come out and they survey the highest point of your livable space, which for me was 100 year ... one foot above the 100 -year flood plain. And then they surveyed the smallest, or the lowest point in your yard, and my next -door neighbor happens to be the lowest point on Taft Speedway. Hayek: Mr. White, I'm going to need to interrupt you. You're... you're over your five minutes at this point so I need to ask you to... White: Okay. All right. Hayek: ...wrap it up pretty quickly here. White: So ... I could have gotten out of `having flood insurance' if I would have paid the fee, paid the money, but I didn't ... I'm not that much of a gambler, and so I decided it was best to pay the ... pay for the flood insurance. I'm not too sure that maybe that same option wasn't given to people in Idyllwild and then they took it, they gambled. Um ... the only other question I had is, when we talk about a pump and we're pumping water out of the Rocky Shore pump station, where does it go? Does the water just come out of the Coralville strip area and into the Iowa River, and then into Parkview Terrace, and then into Idyllwild, and into Taft Speedway, and into Iowa City? I mean, where do we put that water we pump out, and how does that really solve the problem? Thank you. Hayek: Thank you for your comments. Dieterle: I'm Caroline Dieterle on Walnut Street. And I'll be very brief. Uh, I read the, uh, response that you got ... I'm ... I'm with the Hundred Grannies, by the way. Um, but I'm not speaking on their behalf. I haven't been told to come down by the rest of the group to do this. Um ... but I read the letter from Jennifer Jordan, uh, regarding the efforts that have been made to reduce plastic bag usage and to recycle plastic bags, and I certainly you know applaud everything that's being This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 8 done, but I think that the letter, and perhaps you, have misunderstood you know what we would like to see. We want to have them banned. That was the idea that was ... we tried to present. Um, however, um, I can understand your reluctance to do that and this is just my idea, uh, based on what happened with the Co -Op, because we, uh, struggled with the whole idea of plastic bags for quite a while on the board and uh, you know, we wanted to um find some way to reduce those, the use of those. And so we ultimately came up with the idea that we would do what the Netherlands have done, uh, successfully, which was to charge a small amount for each bag so that people didn't get a free bag. Uh, and it was only a nickel and there were those who thought, oh well, for only a nickel, people'll just go ahead and buy one and you know what the heck it won't matter any, but in actual fact, this ... the behavior of the customers has been very like what happened in the Netherlands. There's been a huge reduction in the number of plastic bags that, um, we give or that we sell now for a nickel a piece. Um, and so I'm thinking that if you don't want to earn the ire of local merchants by outright banning the bags, um, I would encourage you to consider very seriously making it unlawful to give them away. So that everybody at least has to pay some small amount. I was in favor of having it be more than a nickel, but a nickel turned out to be quite... quite (mumbled) it's certainly deterred people from ... from using so many plastic bags. So even if you made it a nickel, and then you could take it a step father and say that if the, um, companies don't want to then account for this nickel charge that they're making and put it in as part of their profit that they then have to pay a tax on and you know all of that sort of thing, they could follow our example of having the choice of, urn ... selecting a local charity. Uh, the Food Bank, you know, their own ... their own choice that they would give the proceeds of these sales, uh, of these bags to. Um, and we gave quite a bit of money, you know, into the local Feed the Hungry program by donating what we sold, because some people would come in and they'd say, oh, I left all my bags at home, I'm sorry. I'll have to pay for a bag, and uh, we ... we kept track of that and at the end of the year we've ... we've given that money, uh, to charity. So, anyway, I would hope that you'd, uh, consider that seriously because it could cut down on bag giving away considerably here. Hayek: Thank you! White: Okay, I'm back again, Matt. Hayek: Well, yeah, but you don't ... we don't get (both talking) at the apple. You have a different issue to bring before us? White: Well they're all related. Hayek: Well, Mr. White, we ... we can't just keep (both talking) five minute increments to (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 9 White: ...plan on doing that. I addressed the issues that I thought came up at the work session. This is one that's not on your current agenda. Hayek: Is it unrelated to the ... the flood issues that you, uh, spoke to us about? White: I'll try to make it that way. (laughter) Hayek: Well now you're going to need to because I've gotta be fair to everybody here, okay? White: Okay. (mumbled) first thing you want to know is my name. It's Jim White. Live at 121 Taft Speedway. Uh, July 28, 2009, Carol Sidell, Lyle Sidell and I attended a meeting here at the City Council in which was the very first time this Council entertained the idea of flood mitigation projects. Hayek: Sounds an awful lot like a flood issue, sir. White: No, no. (mumbled) Hayek: Now I'm serious here! (both talking) White: ...promises were made at that meeting and I think they need to be addressed. Hayek: Okay. And I invite you to contact us by telephone, by email, by letter. You can meet with us personally, but I have to be fair with respect to community comment time (both talking) everybody one ... one shot (both talking) issue. And I'm not trying to run you off; I'm just trying to run a fair meeting here. White: I understand that! You want me to proceed or not? Hayek: I ... I ... if you're gonna talk about flood issues, I'm gonna ask that ... that you not. I've ... because (both talking) I turn other people away regularly when they (both talking) White: ...the issues I brought up the first time dealt with things that were discussed at the work session. I'm sorry I took up your time. Hayek: Thank you, sir, and I hope you can understand why we have to be consistent. White: (away from mic) I don't! I don't! I mean, I do but I don't. I'm sorry the way (mumbled; away from mic) Hayek: Is there anyone else who would like to address the Council during community comment time? Okay. Let's move on to Item 5, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 10 ITEM 5b REZONING APPROXIMATELY .034 ACRES LOCATED AT 518 BOWERY STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ12- 00014) [Discussion only at formal meeting] 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Initially are there any ex parte communications anyone needs to disclose? (several responding) Mr. Davidson! Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development. Item b under Planning and Zoning items tonight is 518 Bowery Street. Uh, you see the location here. Uh, between Van Buren and Johnson Streets, uh, on Bowery. This is, uh, alley here and the property is on the corner of the alley. Uh, the property owner has requested that the property be designated an Iowa City Historic Landmark. This is basically a rezoning action that's involved in ... in entertaining that. Uh, the research that's been done on the building, and here is a picture of the building, uh, this was the original location of, uh, New Pioneer Co -Op, uh, on Bowery Street, and significantly this building dates from the Civil War era, uh, amazing as that may sound, uh, the late 1850s, early 1860s, and uh, has been a grocery store, retail establishment since that time. Here you see a view from the alley of the remainder of the property. Um, so ... so obviously some significance here. We have very few buildings in Iowa City that ... that date from this period, and so that ...that is a significant matter. The Historic Preservation, uh, Commission has considered this matter and determined that the property does meet the requirements for becoming a historic landmark and they voted unanimously to recommend approval to you. The State Historical Society has also considered the matter and concluded that, uh ... uh, the designation of hi ... historic significance is appropriate. Uh, the designation of the property will require would require the Historic Preservation Commission to, uh, approve any significant changes to the exterior of the, uh, of the building. Uh, the property owner's interest is in the flexibility and adapting zoning requirements, uh, the idea being to support, uh, the continued use of historic buildings. Uh, she's indicated that that's her interest and it would enable through Board of Adjustment actions that, uh, to occur. The Planning and Zoning Commission has also considered the matter, uh, and specifically in terms of the consistency with the Comprehensive Plan. Uh, this is an area, the south Van Buren, south, uh, Johnson, er, uh ... area isn't exactly an area identified with a lot of historic preservation, uh, if you go down there. Uh, we ... a determination was made, however, that, uh, you know, because of the location on the alley, it would be possible ... oh, the Comprehensive Plan does say it's an area appropriate for redevelopment to higher densities, uh, and it would be possible to do that with, you know, basically combining properties and doing a larger building here, keeping this building intact. You know, if we were talking about this lot here, we might feel differently about it because it's smack in the middle of the block, but because it's on the corner, uh, we felt that there could This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 11 still be some consistency with the Comprehensive Plan and the Planning and Zoning Commission did concur with that, uh, opinion. So, the recommendation is that, uh ... uh, because of the historic significance and the fact that there can at least be a tie, we feel, to the consistency with the Comprehensive Plan it is recommended, uh, approval of the designation as an Iowa City Historic Landmark. Are there any questions? Thank you. Dobyns: Jeff, I consider the ... the way you used the word `some,' I mean there are... it seems there was a possibility that it could form some constraint in the future. I mean, this is an area of the town where there is a possibility of higher density housing, which would serve ... are there constituencies that have been concerned about decisions that the Council has made in the past. It's really a quite small I understand being next to an alleyway, but ... given it's an area that doesn't have a whole lot of other historic preservation areas, which would be a potential for further buildings, it would, uh, suggest this designation. Um, I recognize that it is eligible for historic preservation status, but I just get concerned is that this might tie us up in the future, um ... I know that's all speculation, but this is an area that I know that there have been some discussions about the possibility in the future. We make decisions in other areas of the town, um, that don't allow for high density. This is another ... this is an area of town which might. So I ... I guess as an individual I do have concern. I'm interested in what other Members of the Council might think. Mims: I think the fact it's right on the alley as Jeff pointed out, you know, kind of mitigates that because still between there and Van Buren you could, somebody could potentially tie those lots together and go higher density. Dickens: Do we know what kind of shape the building's in right now... Davidson: Yeah, we've ... we've been through the building and it's in, um ... I ... I don't think the property owner would probably even contest with a designation, you know, it's in rough shape. It has been inhabited. It's been inhabited by the property owner's son, uh, most recently. Um, but you know when ... when we went in it it ...it's intact enough inside that you can sort of see how it was a retail building, grocery store (both talking) Dickens: I was in it when it was a grocery store! Davidson: ...as opposed to it, you know, walking in and it not looking anything like that. There's still enough of it there, uh, that it was felt like, you know, it could be put back to a retail building. There's been some discussion of it becoming a coffee shop for the remainder of the neighborhood, and it would have to be a coffee shop for the remainder of the neighborhood cause parking is very, very scarce, but there's a great deal of...of walk -by traffic here and so there is some thought that it could be appropriate for a use like that, and preserve the building then as a historic landmark. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 12 Champion: Good idea! To the west of that building, what's to the west of that building? Davidson: Kinda see slightly, Connie, um... Champion: Oh, okay. (both talking) Davidson: Couple of... couple of older houses. Champion: ...bunch of kind of new townhouses or apartments (both talking) Davidson: ...there are some older houses such as the two you see here, although they ... those two houses do not date back as far as this building does. Champion: Right, right. Okay. Davidson: You can see the setbacks even ... even different for this building. Throgmorton: So I support the rezoning, but Rick, I ... I don't share your worries about how this might tie our hands with regard to, uh, making... promoting higher density development in that area. That area's already quite high in ... in density. What ...what I think we have an opportunity to do in this particular rezoning might facilitate it is re- envisioning how that area that lot of people around town call a `student ghetto' could be ... could be reconfigured in a creative way, and I know I've shared this with, uh, some members of the staff in terms of ideas, but it seems to me that, uh, we could, um, well, I've got some ideas, but I don't want to kind of grandstand about the ideas. I'd love to talk with Jeff about `em, talk with Tom about `em, uh, but the core problem is the lack of common space, the lack of shared space that provides amenities for the residents who live in that area. So I think we could jack up the quality by doing some creative work having to do with parking, uh, and ... and do it in a way that really makes that area much more attractive and livable for the residents of the area, uh, and ... and this particular, uh, move, especially if it becomes a coffee shop or something like that, could ... could become part of that re- envisioning. So, you know, if you all want to talk about it a little bit, I'd love ... love to do that. Davidson: Any other questions for me? Thank you. Hayek: Anyone from the public... before I close the hearing? Okay. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 13 Hayek: First consideration moved by Mims, seconded by, uh, Dickens. Discussion? I... I'll be supportive of this as well. I ... I appreciate your comments, Rick. I think the location of it, urn ... shows me that ... that its impact on the ... on the balance of that zoning area would be minor. I think it's an opportunity to preserve a pretty unique portion of our history, and I think, Jim, your comments speak to me somewhat. I think it begs the question, not for discussion tonight, you know, what kind of impact has the City over the last 40 years had on ... on, uh, older neighborhoods through, uh, this high density zoning, but that's a discussion we've ...we've had from time to time and will in the future. Further discussion? Roll call, please. First consideration passes 6 -0. Were you a nay or were you... Dobyns: I was a nay. Hayek: Okay, I thought I heard you say yea or something to that affect (laughter) Passes 5 -1, uh, Dobyns in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 14 ITEM 5d 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)) (PASS AND ADOPT) [Discussion only at formal meeting] Mims: Move adoption. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Uh, discussion? Any ex parte? Any further discussion? Roll call, please. Uh, item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 15 ITEM 5e 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) (PASS AND ADOPT) Dobyns: Move adoption. Dickens: Second. Hayek: Moved by, uh, Dobyns, seconded by Dickens. Discussion? Davidson: Uh, Mr. Mayor, at your last meeting there was a question presented by, uh, a member who spoke, uh, regarding legal nonconforming uses. He owns one of the existing payday lending businesses. Uh, we were able to confirm and did communicate this to the gentleman that, uh, a legal nonconforming use would be able to, uh, remodel at that location on the existing footprint. It would not be allowed to expand so that would be a change with your approval of the ordinance, and this does ... it applies for that gentleman's business because he's within 1,000 feet of a residential zone. All of the existing payday lending businesses are within a thousand feet of one of the things ... I think it ... between a residential zone, childcare center, and ... and another payday lending business that would not enable them to expand at their existing location. Hayek: Thank you for that clarification. Is there anyone from the public who wants to address us? Dean: My name is Bryson Dean and I'm a member of Iowa Citizens for Community Improvement and I want you to approve this as stated, but first I want to compliment you because I'm retired in Iowa City. I moved here in 08 and this is the second best place in the country to live for people my age group. It gets better. When I get to be 80 it's the first (laughter) but what I'd like to say is, this should be ... the quality. It's a quality city, and I think you should be proud and for all the work you've done to ensure that, and I'd like to extend that to all the citizens and I think this ordinance helps those who really struggle to make ends meet, and so I ... I think you will pass it. You seem very enthusiastic but I want to urge that and um, I was kind of amused at the fellow in the Press - Citizen who seemed to think that he was being singled out, and perhaps you people weren't doing your job (mumbled) and that wasn't a good thing to single people out. I got to thinking about it, and I thought, you know ... I think you single out people that sell alcohol! They get singled out very specifically and you do all sorts of good things to regulate them, and as far as I can see they make a lot of money. So I don't think he has to worry. So please pass the ordinance. Hayek: Thank you for your comments. Anyone else from the public? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 16 Rebik: Um, I'm Misty Rebik. I'm a resident here of Iowa City. I'm a graduate student, and I'm also a member of Iowa Citizens for Community Improvement. Um, just wanted to say that I'm here to support the ordinance. Um ... I think that Iowa City is set to make a historical decision tonight that puts people first. Um, this plan will help stabilize neighborhoods and simulate community and economic development. Um, I also think this will send a strong message across the state of Iowa that there is no excuse or justification for hun ... for 400% interest rates, and I'm glad that I live in a city that hopefully tonight will ... will be a part of that. Um, so I urge you to see this through tonight, um ... and I just want to than ... thank you for taking on this issue and doing the research and um ... listening to some people who came here, almost a year ago, asking some of you to take this on. I appreciate it. So thanks! Hayek: Thank you for your comments. Mantilla: Okay ... my name is Ricardo Mantilla and ... I'm originally from Columbia but I'm a resident in Iowa City and I work with the University of Iowa as a research engineer and I'm also a member of CCI. Um, I wanted to say that I came to this country as a graduate student to pursue my Ph.D. and I know very well what it is to live from paycheck to paycheck. On many occasions I found myself stranded for cash. I was fortunate that payday lenders were kept away from my university (mumbled) so I had to explore a variety of alternative sources of funding, including (mumbled) and sometimes family. However, not everybody's lucky enough to have access to these supportive networks and so sometimes people are forced to rely on loans from financial institutions. I am here to support this ordinance, um ... because when payday lenders crowd together and close to vulnerable communities, um, they create the impression that they are the first and only alternative to short-term loans. And this ordinance will keep, uh, payday lenders from becoming a status quo in Iowa City. Um, my understanding and after understanding the research is that payday lenders trap vulnerable communities in a cycle of debt with interest rates of almost 400% and payday lenders should remain a last resource, um, alternative, if at all. They should be kept away from vulnerable communities, including students and new immigrants to the ... to Iowa City, and uh, with that I want to thank you for your support. Thanks! Hayek: Thank you for your comments. Anyone else from the audience? Any further Council discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 17 ITEM 6. AMENDING THE FY2013 OPERATING BUDGET a. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) O'Malley: Good evening, Honorable Mayor, Esteemed Council. For the viewers at home, my name is Kevin O'Malley. I'm the Director of Finance. I'm here tonight to encourage your support and the approval of this resolution. This will allow us to continue our capital improvement program. Um, little bit about the form. I know it's not easy to read but if you look down the current amendment column, some of the larger numbers are inter - governmental revenue, which is about $42 million which is expected receipts of $20 million from the federal government and $20 million from the state government for flood - related projects. The next big item is the $49 million in other financing sources. Most of this is, uh, our LOST money that's being transferred out of one fund into capital projects funds, about $20 million. Hayek: You want to remind us what LOST is. O'Malley: Oh, I'm sorry, yes! LOST is local option sales tax (laughter and several talking) Hayek: An acronym not a, uh (laughter) Mims: We didn't lose the money! (laughter) Throgmorton: Gosh! Why'd you bring that up? (laughter) O'Malley: We lost that money! No, it's a ... it's actually, uh, sales tax receipts from, uh, 2009 to the present that we haven't been able to utilize, uh, on projects. The remainder of that $49 million is, uh, cash on hand from bond sales and from, uh, utilities. Going down to the expenditure side of the ... the ledger, the largest thing there is the $72 million in capital projects. These are, um, mostly the gateway projects and ... and some of the levees, and then under transfers out we have about $46 million, uh, which is ... due to fund accounting is the in and out of transferring funds. Uh, the net result of all of this is about $2 million surplus, uh, from... basically because we didn't spend the money last year. If you have any questions about any individual amendments, I'd be happy to answer them. Champion: He used the term millions! They didn't laugh at him! Dickens: Does that just roll over then, the $2 million, into the next budget? O'Malley: Yes, it'll roll over. Uh, this as, uh, I forgot to mention, this is our first amendment of the year, um ... in the past we used to have quite a bit more operating, uh, dollars coming in, first as these capital dollars, and uh ... uh, City Manager's This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 18 office, uh, wants us to just use capital go forward, and so we ... the only operating issues here is open purchase orders that were, uh, that are on the books as of June 30'' that were not paid — about $344,000, something like that, but uh, there'll be a second amendment closer to April or May which would have any kind of, uh, issues that come up between now and then, uh ... as I ... maybe I didn't mention, but these budgets are estimates and these are our best - guess, but things happen and so ... I'll be happy to entertain any questions. Champion: Kevin, is that $2 million, urn ... excess or over ... is that encumbered already? O'Malley: No it's not. Champion: Okay, great. Okay, thank you! O'Malley: You're welcome. Champion: I like this report a whole lot! O'Malley: Uh, the other thing, uh ... one of the amendments, or two of the amendments, one of `em is a special note we should, uh, we had, um, excess funds as of June 30th and our ... in the General Fund, and the City ... the City Council policy is anything over 25% should be, um, utilized for tax relief, and we had about $3 million and we owed the Landfill fund about $2 million, so we paid the Landfill off so that they have funds now available to help rebuild the cell #9. So... Hayek: Thank you, Kevin. O'Malley: Thank you! Markus: Which reduces the interest cost out of the General Fund, and we think that we may have some expenses coming up out of the, uh, Landfill (several talking) Think it's time to get them back (several talking) Hayek: Yeah! Okay. Would anyone from the public like to weigh in on this, uh, budget amendment? Okay, I'll close the public hearing. (bangs gavel) b. CONSIDER A RESOLUTION Mims: Move the resolution. Throgmorton: Second. Hayek: Moved by Mims, seconded by Throgmorton. Discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 19 ITEM 7. 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. (SECOND CONSIDERATION) Hayek: This is second consideration, and staff, uh, requests expedited action. Mims: I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Dobyns: Second. Hayek: Motion to collapse from Mims, seconded by Dobyns. Discussion? Roll call, please. Mims: Move that the ordinance be finally adopted at this time. Dobyns: Second. Hayek: Pass and adopt moved by Mims, seconded by Dobyns. Discussion? Throgmorton: Wonder if it would be helpful, uh, to ask, uh, Adam or another member of the staff to briefly summarize the essence of that memo that we got in our work session packet. Markus: Come on up, Adam! Throgmorton: Could you do that, Adam? I ... I don't mean to put you on the spot but... Bentley: (away from mic) ... specific questions, Jim, at all regarding the memo? Throgmorton: No, well, we all had a chance to read the memo but people who are watching on television did not so... Bentley: Sure! Yeah, the memo essentially just describes kind of the ... the process of what we're doing with the, uh, disorderly house, um ... um, ordinance, moving it from a ...moving into a municipal infraction and allowing our officers to be able to, uh, note those infractions if a disorderly house is upon them and they can't get anyone to answer, uh, the door. Um, it would give, uh, staff the opportunity to meet with any of those, uh, individuals in the house, and uh ... uh, give them the opportunity to ... to explain to staff and kind of come with, uh, work with staff in order to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 20 derive some solutions, uh, potential solutions prior to a, um, maybe a... a fine or something like that. So ... essentially that was what the memo described. Throgmorton: Right, and it...it also contains, uh, outreach efforts that, uh, that we will... Bentley: Oh! Sure, sure, yep! Absolutely! We met with, uh, the University of Iowa Student Government officials, um, we met ... we typically every month staff meets with, uh, the Homeowner's Association, or the uh, the Apartment Owner's Association, um, and we will continue those ... those dialogues that we have with them. We also are working on ... we have a ... a typical form that goes out for all, uh, tenants, um, that usually informs them, and I think Doug Boothroy's here, but if you have any more questions about that, but uh, essentially a form that informs them of...of typical ordinances that ... that tenants kind of, uh, deal with on a regular basis, not just ... not just this, not disorderly houses, but also snow removal and urn ... you know, lawn care, that sort of...that sort of thing, so ... uh, any of the information that changes in the ... in this ordinance that see in front of you would also go into that document for all tenants to be able to see and ... urn ... who are renters in Iowa City. Hayek: I think it's also important to note that ... that the expansion or the change in this ordinance, um, also allows a third option, which would be neither the criminal nor the civil approach, but instead a triggering of the nuisance process that... Bentley: Right! Hayek: ...that has proven effective when used in the past, but would allow us to get to that sooner to address problems. Bentley: Right, absolutely! Hayek: Any other questions for Adam? Champion: That's actually what I like most important about this ordinance is it allows that to happen. Bentley: It's kind of the ability to be able to intervene, you know. Hayek: Yeah. Thanks. Throgmorton: Thanks, Adam. Hayek: Any further Council discussion? Members of the public? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 21 ITEM 8. CONSIDER A RESOLUTION DETERMINING THE NECESSITY OF AND SETTING DATES OF A CONSULTATION AND PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 10 TO THE CITY- UNIVERSITY PROJECT I URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA Mims: Move the resolution. Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? Davidson: Good evening again, Mr. Mayor and Members of the City Council. There was, uh, some mention at the work session earlier that you just like real quickly to have, uh, some summarization of what's proposed here tonight with Item #8. Uh, the resolution of necessity, uh, that's under consideration is for amendment #10 to the City- University Urban Renewal Area. This is basically the downtown urban renewal area, and I think I have the map pulled out ... yeah, here we go. This is the map from the urban renewal plan, which will be on file in the City Clerk's office. There were tweaks being done to it, uh, up til the late afternoon today and Eleanor, I think, can highlight, uh, those if you are interested, but it will be on file for public scrutiny, and for your scrutiny as well. The resolution of necessity is the first step in making the eventual amendment, and as mentioned, this is, uh, amendment #10. The existing area is pretty much the downtown and some, uh, slightly outside of the downtown areas. So you can see it's a very significant area, basically all of the, uh, whatever you call that diagonal cross - hatching, uh, about 300 acres we estimate, and includes basically the Riverfront Crossings area, as well as the old public works site down here, and, uh, significantly the... College - Gilbert corner right here that we have the RFP out for right now where the old bus station was. Includes all that area and ... and adds it to the, uh, urban renewal area. Um, as with all of our urban renewal areas, basically what it enables is, um ... projects to go forward which are consistent with the vision for the area, and this case, consistent with the Riverfront Crossings master plan, which is, uh, conceptually been prepared and ... and is being finalized in terms of the more specific version, uh, right now. Uh, we have ... I think you have some familiarity with the types of projects that would be, uh, I mean, basically what this does is, sets in motion enabling TIF projects to occur, with the City Council's subsequent approval, this ... this action, uh, and actually approval of the urban renewal plan, does nothing to approve any TIF projects, but it does enable them to occur, and I do also want to emphasize because of the change in the State regulation now where individual projects have to actually have to be listed. Uh, we have made sure to list both, um, well we have been ... we have made sure to list public projects that we would hope to accomplish with TIF. This is going to be an area of very significant increase in taxable value. Very significant for the City in terms of all of the services that we provide, but also in terms of our ability to potentially do TIF projects, and we do want to emphasize that in terms of public This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 22 projects, we're going to need to build infrastructure, in terms of subterranean infrastructure, in terms of roads, in terms of trails, uh, certainly in terms of the riverfront park, and the action that this sets in motion will enable TIF projects, with your subsequent approval, uh, to be done for those public- sector projects, as well as the private- sector projects that we're perhaps more familiar with. Uh, so any ... any question? This does sit ... set specifically then, uh, the ... the resolution of the necessity. The necessity is basically for the consultation with affected taxing entities. That'd be the School District, the uh, County, and the community college, urn ... 10:30 A.M. on Friday, October 5, right up in the City Manager's conference room, and then for the subsequent public hearing, uh, which would be at your City Council meeting on October 23 at 7:00 P.M. in this room. Throgmorton: I'd like to make sure I'm clear about what the resolution, um, entails. Uh, does it, uh, indicate a necessity to consult and a necessity to set a public hearing about possible amendments to the urban renewal, uh, University project? Davidson: About the specific (both talking) Throgmorton: ... or does it ... or does it indicate, uh, that we are stipulating a necessity to ... to do this? I mean, there... they... they actually have ... eh ... they aren't necessarily the same thing. Davidson: My interp ... interpretation, which will be subject to correction by Eleanor, Jim, would be that this establishes the necessity of the two subsequent actions which are stipulated by State law, that we must fulfill (both talking) to amend... in order to make amendment #10 to the urban renewal area. Was I close? Dilkes: That's... that's close! Yeah, that's good. I think the language of the resolution is that Council has reasonable cause to believe, and it ... but it certainly doesn't tie you into any action. Throgmorton: Right, I just want to be clear about the hypothetical. I don't think this is likely to happen, but I want to be clear about it. Let's imagine that a majority of the Council decides after the public hearing, after consulting with affected entities that we do not want to amend, uh, the urban renewal plan. Can we do that... Dilkes: Absolutely! Throgmorton: Yeah, all right. That... that's ... I just want to be clear about that ... so that ... so we're not, uh, suddenly tying our hands and (several talking) in a five minute discussion. Davidson: ...amendment to the plan'll be a subsequent action. Throgmorton: Oka. Well, I'd like to just say there are two things I like about it a lot, because we've talked about `em. One is consulting with affected entities and the other is, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 23 uh, having a public hearing that's going to be set, uh, about a month from now. Uh, so I like those a lot. Uh, one of the things I would suggest we need, and we've talked about this before, is ... is a sunset date for the urban renewal plan. Uh, and my rationale I think is very clear. If the urban renewal plan succeeds, it can be...it can just go ... go away. If it does not success, it's not needed any more. So it would seem to me that, you know, having some sunset date (noises on mic) 15 years from now, something like that, would be appropriate, and we would probably talk about that when we get around to ... uh, discussing the ... the amendments themselves, and not this particular resolution. Dilkes: The proposed plan was ... is not in your packet. It is on file with the Clerk, um, and I've asked Marian to go ahead and send it out to you in the Info Packet this Thursday so that you have it before the 23`d's packet. Dickens: And one question ... the other areas, the riverside, is there a reason that's not... Davidson: That's already in. (both talking) That's already established. This area here — remember we did that because we were thinking the hotel that's under construction might come after financial assistance. It ended up they did not, but that ... that area on both sides of Riverside Drive is already established as a separate urban renewal area. Dickens: Cause I had ... we kind of did it all at once, the first (mumbled) Davidson: Any other questions? Thank you. Hayek: Thanks, Jeffl Any Council discussion? Roll call, please. Item passes 6 -0. Champion: Can I ... interrupt with a question? Hayek: Sure! Champion: Did we really pass ... the, uh, miscellane ... #7? Cause ... did we ever vote? I thought the first vote was on ... the uh ... (several talking) then did we (several responding) Okay, okay, I thought we missed a vote! (several talking) Hayek: Thanks for playing parliamentarian this evening! (laughter) Mims: ... cause I remember reading it. Champion: I just wanted to make sure it was passed! Hayek: No, I appreciate that. No ... yeah, we did! We did. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 24 ITEM 9. ANNOUNCEMENT OF VACANCIES. Hayek: Uh, previously announced, there are two vacancies in the Airport Zoning Board of Adjustment and two vacancies on the Airport Zoning Commission. We encourage the public to apply for these spots. Applications must be received by 5:00 P.M. on Wednesday, October 17. Uh, new announcements include the following: uh, there are two vacancies on the Board of Appeals; one for a repre... representative of the Homebuilder's Association, and also another vacancy for a licensed plumber, uh, again on the Board of Appeals. Uh, there's one vacancy on the Board of Adjustment; three vacancies on the Human Rights Commission; two vacancies on the Parks and Recreation Commission; one vacancy on the Public Art Advisory Committee; and three vacancies on the Senior Center Commission. Applications must be received by 5:00 P.M. Wednesday, November 7. Karr: Mr. Mayor, we also added to the agenda the possibility of announcing a vacancy on the Diversity Committee, and per your direction at the work session, no action will be taken this evening and we'll report back at the next meeting. Could I have a motion to accept correspondence? Throgmorton: So moved. Dickens: Second. Hayek: Moved by Throgmorton, seconded by Dickens. Discussion? All those in favor say aye. Opposed say nay. Uh, motion carries 6 -0. Thanks, uh, Marian. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 25 ITEM 11. CITY COUNCIL INFORMATION. Hayek: Why don't we start down here with, uh, Dr. Dobyns. Dobyns: None! Dickens: (mumbled) we all talked about at the work session, the northside party. I'm sure Matt'll talk a little bit more, but it was (both talking) great event, uh ... I went early before it got started and uh, there's quite a few people already there. I came back a little later, after my granddaughter's soccer game and it was still very busy, and I understand your wife won the chicken tossing contest! Hayek: Rubber... Dickens: Rubber chicken (laughter) Hayek: There's a distinction! (laughter) Dickens: There is a distinction! (laughter) Hayek: Susan? Mims: Nothing. Champion: No, I'm just going to the nursing home tomorrow. I'm telling you all! (several talking and laughing) Yes! Throgmorton: Well I ... I was thinking about the proclamation concerning Constitution Week, uh, which uh, you know, we all admire and I'm really happy that we, um, adopted that proclamation. But it was reminding me of, uh, many months ago when my wife and daughter and I were helping Zoe work through one of her assignments at Southeast Junior High and it involved the Constitution. She had to read the whole Constitution; she had to read all the amendments; so we were going through them one by one and talking about `em. So that made me think, as ... as I was reading the proclamation it made me think how much it emphasized the rights that citizens have, and it made me think of amendment 14 ... the 14th amendment, which says no person ... no, no state shall... deprive any person of life, liberty or property without due process of law, nor deny to any person within the jurisdiction, uh, the ... what is that word? The equal protection of the laws. The distinction between citizen and person is enormously important in the Constitution. So I kind of, uh, want to draw attention to that, and then the 15th amendment, you know, it's really short. Amazingly short amendment. It says the right of citizens of the United States to vote shall not be denied or bridged by the United States or by any state on account of race, color, or previous condition of servitude. Those are enormously important things, you know, and I ... I kind of This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 26 wish the proclamation had referred to them but ... but nonetheless it was a great proclamation. I'm glad we adopted it! Hayek: Thanks, Jim. Um, I want to, uh, thank Matt, or Mark and Alec Bromell from the, uh, who are ... are University of Iowa Student Government, uh, representatives, um, to the Council, liaisons to the Council. They ... their leadership helped resolve, uh, helped lead to and result in, uh, an adoption by U of I Student Government, um, of... of a... of a statement or... or vote of support regarding passenger rail, and so we now have UISG's endorsement of passenger rail, um, this comes at a time when passenger rail is not getting a lot of press right now, uh, it's in a dormant period, uh, there's a study underway with the blessing of the Iowa DOT to look at extending it even farther west, um, but it's still a live issue. Um, and, uh, the fate of this, uh, still rests in the hands of the Governor and the Legislature and Iowa City and the ... and the other cities that are a part of this, and... and the Chambers of Commerce and various other groups are... are going to continue to be active on this issue, um, but the ... the addition of Student Government and the voice of students who would benefit from passenger rail, um, both here in Iowa City and hopefully over in Des Moines as well is an important, um, addition to the ... the collective voice on this ... on this very important issue, so thanks to you guys for your hard work and ... and please pass along our thanks to Student Government. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012. Page 27 ITEM 12. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. Hayek: City Manager? Markus: Uh, I'd like to ask Jeff Davidson to come forward and explain an award that we have just received, uh, for the Univer -City Program. Davidson: Yes, thank you, Tom. Uh, we were just notified today that the American Planning Association Iowa Chapter has voted the Univer -City Neighborhood, uh, Partnership Program, uh, one of their, uh, awards, uh, that'll be presented at the State Conference, which we'd love to have all of you or one of you or any of you attend! Uh, but there'll be a couple of us there, uh, anyway in Ames on November 1 st, so we're very pleased. We're in competition with a number of other projects and they did see fit to, uh, designate ours as being a great example of a good planning initiative so we're very pleased and a lot of credit to the ... the staff, certainly, uh ... uh, Doug Ongie and Steve Long and Sarah Walz put a lot of time and effort, along with the whole committee that works with us, so kudos to all of them! Throgmorton: Yeah, bravo! (several talking) Hayek: Probably oughta make sure that a copy of that award is attached, uh, to our CIP, um, booklet come early next year. I suspect there's interest in continuing that program! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of September 18, 2012.