HomeMy WebLinkAbout2012-11-13 TranscriptionPage 1
ITEM 2. PROCLAMATION.
b. Hunger and Homelessness Awareness Week — November 11 -17
Hayek: (reads proclamation)
Karr: Here to accept the proclamation representing the local homeless coordinating
board is Christy Canganelli. (applause)
Canganelli: Thank you, Mayor Hayek and Council Members. My name is Christy Canganelli
and I'm the Executive Director of Shelter House, Chair of the Johnson County
Local Homeless Coordinating Board, and Chair of the Policy Committee of the
Iowa Council on Homelessness. It is on behalf of the Local Homeless
Coordinating Board of Johnson County that I accept this proclamation tonight.
The Local Homeless Coordinating Board is a community collaboration dedicated
to preventing homelessness and improving the lives of people who are homeless
through education, advocacy, and strategic use of our community's resources.
There's a closely -knit continuum of service providers working to help men,
women, and children who are experiencing homelessness in our community, to
address barriers to independence, and move permanently beyond homelessness.
We would not be able to do this work without your leadership and investment in
our organizations and services. And on behalf of the Local Homeless
Coordinating Board I thank all of you and the City's Community Development
staff for your continued support. Providers in our community and throughout our
state face many challenges. Three of the most pressing are system and funding
changes for providers serving victims of domestic violence, changes that are
underway with respect to funding and availability of mental health services, new
mandates at the federal level that require a fundamental paradigm shift for the
delivery of services for people experiencing homelessness. The Johnson County
Local Homeless Coordinating Board is just completing its first strategic planning
process. We look forward to sharing our goals and strategies with you in the
months to come, and working in partnership to address the challenges we face
while creating a more efficient and impact... impactful system of service delivery.
Thank you.
Hayek: Thank you, Christy, and thank you for your work in the community!
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ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS — Shimek
Elementary
Hayek: Would our, uh, young student from Shimek Elementary please come forward!
You must be Andrew! How you doing? I'm Matt Hayek. I'm the Mayor of Iowa
City — welcome! And uh, this is your City Council behind you, and I just have to
tell you Shimek school is represented pretty well here. I'm an alum of Shimek
school. My brother and sister went there; Council Member Mims' kids went
through Shimek. And our City Attorney, Eleanor Dilkes' kids, uh, went through
Shimek. And I think I have captured everybody! Um, but we're honored to have
you. I ... I understand that the other student from Shimek, Avery Shrader, is
unable to be here but we, uh, want to recognize her as well and I know that
you've come to read something to us, but I just have to tell you a quick story.
You guys are the Shimek Sharks, is that right? Did you know that once upon a
time, Shimek was not the Shimek Sharks? They were the Shimek Squirrels.
(laughter and several talking)
Throgmorton: Oh, get out of here! (laughter)
Hayek: I'm not kidding you. When I was in school, uh, there was a time in the late 70s
when, uh, when I think the Principal determined that sharks were a little too
aggressive, a little too mean sounding. So for a brief period of time Shimek
became the Shimek Squirrels, and it was a ... it was a bad, uh, phase in our cap...
in our history there (laughter). Fortunately, uh, cooler heads prevailed and they
went back to being the Shimek Sharks, but that's a little tidbit you can take back
to school. So anyway, we're honored to have you here this evening and ... and I
know you brought a little piece and ... and if you wouldn't mind reading it, that'd
be great! (mumbled) ...I can hold it for you.
Andersen: Hi, my name is Andrew Andersen. Outside of school I attend Tai Kwan Do and
help lower belts learn their forms and other things they need to test and get their
next belt. At Shimek I'm on the Safety Patrol and I'm in charge of putting up and
taking down the tetherballs every day and also at ... as part of a Gamma ELP
project we're working on doing a survey for the Shimek garden to see what plants
we'll be planting next spring. To me being a good citizen is like being kind to
everybody and respectful to everyone and helping anyone that needs it.
(applause)
Hayek: Well that was .... that was wonderful and you're... you're clearly involved in so
many things. I did, uh, Safety Patrol at Shimek, uh, back in the day and that...
that was a wonderful thing, and everything else you do is ... is good as well, and
you know it's a great thing for Iowa City's, uh, for the City of Iowa City to... to
be able to recognize young leaders like you and that's what we do throughout the
year — we bring in the student leaders from each of the elementary schools in
town and ... and recognize them, and also their parents and their teachers and the
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other people who play important roles in... in their lives and we want to thank you
for..for what you do for the community, uh, as well, and so we have these
Citizenship Awards, and ... and we hand them out, uh, to the people who get
nominated from their schools and we have one for you and we'll ... we'll send one
to Avery as well. Um, but I'd like to read it. It sa ... it reads as follows: it's called
the Citizenship Award and it says for his or her outstanding qualities of leadership
with Shimek Elementary, as well as the community, and for his or her sense of
responsibility and helpfulness to others, we recognize you, and your name is right
there, as an Outstanding Student Citizen. Your community is proud of you.
Presented by the Iowa City City Council, November, 2012. So, Andrew, keep up
the good work and congratulations! (applause)
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ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: Uh, 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 you'd like to bring to our attention, we invite you to sign in
and also verbally give us your name, and we ask that you keep your comments to
five minutes or less.
Watkins: My name is Linda Watkins. My address is 2017 Rochester Avenue, Iowa City,
52245. Because of three strokes, the words that I want to express often don't
come easily. So to save time and frustration, I'm reading the reason that I'm at
this microphone tonight. And I have given copies to all of you. I appreciate the
opportunity to tell you that I have attempted to live my life based on an old
testament Bible verse, Micah Chapter 6, Verse 8, the new revised standard
version says: What does the Lord require of you, but to do justice and to love
kindness and to walk humbly with your God. I am not asking for kindness nor
humility, only a just resolution of a problem during a drought. In the new
testament Jesus' life gives examples and interpretations to follow concerning
justice. So ... this ... forms the premise of why I'm asking you City Council
Members to please direct the water, wastewater, and re ... revenue division and /or
utility review board to make an exception to policy during extreme drought
conditions like we experience this summer. All 99 counties in Iowa were
declared disaster areas according to the Iowa Em ... Emergency Management
Association. Now what would constitute warranting an exception? Well, a
wastewater relief formula is already on the sewer fee adjustment guidelines for
malfunctioning plumbing or leaks. Obviously high consumption is flagged during
the billing process because a notice is included in those utility bills ad ... advising
the problem exists. I received an enclosure with my bill covering the service from
July 4th to August 1St, (mumbled) 2012. I had made a conscious decision to try to
save my considerable investment in landscaping, perennials, and yard by watering
until the rains came. As we all know, the rains never came and my bill approx...
approximately doubled to $79.53 total during this period. I really didn't analyze
the situation but instead paid the bill on time as I've done for every month for 17
years. However, when the next bill was received for service from August 1St to
September 5th, the total amount due was $241.13. That's when I realized that the
sewer charge of $123.38 was higher than the water charge of $92.76 and
questioned excessive sewer charge for wastewater that went into my yard, not into
the City sewer. After going back eight months and figuring my average sewer
charge, which was $15.53, I called and spoke with a customer service rep who
referred me to Melissa Miller, the rev ... Revenue and Risk Manager who referred
me to Rick Fosse, Public Works Director. Melissa Miller had reported to me
about ... that a doz ... about a dozen other households had called and while this
summer's drought conditions were extreme, the City is not making exceptions to
their policy. That to me is when a red flag went up as a situation policy was
unfair and somewhat arrogant. I wrote a check for $141.13 which covered all of
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the water, refuse, recycling, storm water, the 7% sales tax on the water, and
$23.38 on the sewer charge. In other words, $100 of the sewer charge was
withheld and a note to that effect was included with my payment, and thus began
correspondence stating that the City's normal collection procedures would apply
if not paid by November 1St. Melissa Miller's letter did not indicate what normal
collection procedures were so I had to call her to get that information. During
every phone conversation I reiterated that I would not be paying the $100 balance
or purchasing a second meter or did I need a payment plan. We're talking about
fairness, not money! On November 3`d I received the friendly reminder letter
from the Revenue Division letting me know that a 5% late fee had been applied to
my account, which now is $105. At the bottom of the correspondence was an
enclosed box entitled, "Customer Rights and Further Procedures," which
informed me that an informal hearing could be requested. Melissa Miller had not
told me that this ... about this when we had a conversation on October 22nd. Of
course ... of course I immediately requested the hearing and she scheduled it on
November 7th at 4:00 P.M. at City Hall. When I inquired who would be in
attendance she said that besides herself two or three City employees would be
invited. On November 6th Melissa called to let me know, that was one day later,
to let me know that she failed to provide me with the sewer fee adjustment
guidelines from the Utility Review Board. I received this by way of the mail
three hours before the hearing. Eric Goers, Assistant City Attorney; Geoff Fruin,
Assistant to the City Manager; Melissa Miller; and I convened for approximately
28 minutes. I asked why the threat wasn't to shut off my sewer instead of the
water, for which every drop had been paid. "We can't legally do that," was the
answer. The follow -up discussion, uh, excuse me. The follow -up decision was
received by way of mail on November 19th from Geoff Fruin. Therefore I will be
assessed a $35 carting service fee on November 15th. On November 16th a
carding notice will be hand - delivered, and on November 27th, the water will be
shut off. Instead of breaking rules and laws, my life has included helping change
unfair practices and policies. Number one, before Title 9 passed I had the
audacity to ask a high school male principal why sports weren't offered to girls.
Oh, there is no way girls' practice or games could be scheduled in the boys' gym.
A letter from the Iowa High School Athletic Union Director cleared that up by
stating that the school and gym were paid for by taxpayers, and it wasn't built for
just one gender. As I remember, within five years the Belmont girls' team played
in the state tournament. Title 9 actually was not about sports. It was about
equality and fairness. Number two, in the 80s I belonged to GASP, G- A -S -P,
Group Against Smoking Pollution. I don't remember that second -hand smoke
was even a concern back then. Some of us just didn't like the smell. When...
Number 3, when I moved to Iowa City in 1995, I joined CAFE, C- A -F -E, Clean
Air For Everyone. Of course we all know how long injustice to non - smokers
prevailed, until the State law was finally passed. To date, casino money controls
exception. For five years I was known as the Fair Trade coffee lady at First
United Methodist Church in Iowa City. While educating about, and selling fairly
traded products ... as a justice issue, again Micah 6, Verse 8. I mention all this to
explain my passion for fair policies and justice. If you elected Members of the
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City Council do not agree that a rigid policy during an extreme drought can and
should be changed by issuing an exception. I invite you all out to my house on
November 27th to witness our Iowa City justice in action when my water supply is
shut off. In an attempt at kindness, I'll serve you fairly trade, equal exchange
coffee, made with water saved the day before. In the meantime, I'll continue to
wear my butterfly pen as a Christian symbol of hope, h- o -p -e. Thank you for
your consideration and time.
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. (mumbled) You can go ahead!
Schneider: Hi ... hi, I'm Kelli Schneider. I am a junior at City High School, and I have come
to you today with, uh, a project that I did in state and local government. And it is
on the Raven ... I live on Raven Street, 3201 Raven Street in Iowa City, and
there's a lot of parking issues that cause a lot of different problems. And I really
recommend that the City of Iowa City restrict parking to only one side of the
street on a section of Raven Street. I live on the lower half, it's like a curve and
then it goes down and then there's a church at the end of the street. And the issue
is that on the curve, after intersecting Court Street, the street gets narrower...
narrower, and parking is allowed on both sides. The section of the street gets
really dangerous because of the closeness of cars when they are parked directly
across from each other. It is a hazard for cars, buses, snowplows, and especially
emergency vehicles. If there would ever be a fire or some kind of accident,
emergency services might not be able to get through the maze of parked cars. The
width of my street is 23 feet and 9 inches. The average width of a vehicle ranges
from 6 feet and 6 inches to 8 feet. If an 8 -foot truck and a 7 -foot vehicle are
parked directly across from each other, the space left for a fire truck would be 8
feet, 9 inches, which isn't enough for it to get by. The width of a fire truck is 9
feet, 6 inches. It is impossible for them to be able to get by. And, that would
cause a huge problem. The cars could prevent people from receiving emergency
attention and creates a life - threatening situation. And our school .... I've lived on
Raven Street for the last 16 years and ... lately we have had a lot more like people
that are handicapped move in, and so we have like a SEATS bus come and we
have like a school bus that comes, and I know it's hard for them to get through too
and so it just becomes even more hazardous. And ... Raven Street is usually one
of the last streets to get plowed in the winter and that's probably because we have
so many parking issues and ... um, I talked to the Assistant Superintendent of
Streets and Traffic, Mr. Sybosky and, um, he was really helpful in telling me that
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like the, um, snow patrol and the leaf pickup won't even like try coming down our
street. They won't take the risk if the cars are parked too closely and that it's a
very much an issue and it's very unsafe, and it's just not a problem for buses and
fire trucks, but also a problem for vehicles. Every day it's like a maze, weaving
between vehicles on both sides of the street. Cars are parked so close together on
opposite side that there's barely enough room ... for one car to get through. And at
night it's even more of a problem. Raven Street should only be allowed on one
side of the street. It doesn't make sense with school buses, SEAT buses,
snowplow, emergency services, and leaf pick -up trucks to allow parking on both
sides of the street. It ... it isn't only a hassle for residents on Raven Street, but also
for the City of Iowa City .... and the people that work here. Many times I've had
to turn around and come home from the other direction just to get home. And the
following pictures are just like the situation I described and how on different days
it's been really bad and ... so ... thank you for your time.
Hayek: Thank you very much, and I want to compliment you on your ... on your
presentation, um, and you're clearly doing well in school and uh, with the
Council's concurrence, I would ask staff to look into this and then provide a
response to ... to maybe to us and to Miss Schneider? Thank you.
Karr: Motion to accept correspondence.
Throgmorton: So moved.
Dickens: Second.
Hayek: Uh, moved by ... Throgmorton, seconded by Dickens. Discussion? All those in
favor say aye. Opposed say nay. Motion carries 7 -0.
Gravitt: (clears throat) Excuse me. My name is Mary Gravitt, and I'm here like I've been
for the past two times I came here, complaining about Iowa City Transit. I did get
a very nice letter from the head of Transit that said that, uh, the detour down
Sycamore would be open, in other words Sycamore Avenue or Street would be
open on the 1St of November and uh, a week later I rode past there. It's not open,
and you can look at it and tell that it wasn't going to be open, and no kind of
shape. So I guess it'll be open by January, but that's not what I'm here to talk
about. I'm, excuse me (coughs) it was, uh, last ... it was a Saturday, the last
Saturday before the early vote closed. The early vote closed on Sunday. The
Library closes at 6:00 on Saturday. So we came out to ... I came out to get my bus
about 5 minutes after 6:00. So abou ... so a person came up to me and asked me
about the Court Hill. I said, yeah, it comes quarter after. So we... so then the...
the person that worked at the Library and this other woman was standing on the
corner there waiting for the Court Hill. And the Court Hill never came! 6:00 it
gets dark. So 6:30 the Towncrest came, which is my bus. So the driver was good
enough to call and say, uh, what about the Court Hill? They said, no, the Court
Hill's not coming, and they said ... and the reason the Court Hill didn't come, they
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had a new driver driving the bus and she had been going down Burlington, all
day, instead of going down Washington. You go down to Washington, then you
go onto Burlington. Now this ... these two women, I only know about two women.
I don't know about how many women were waiting down the line. These two
women had no way to get home, and it was dark! And you know, Iowa City only
has streetlights on main streets. Homeowners are responsible for the streetlights,
and if you ever go down 7th Street, there's only about two streetlights down the
whole of 7th Street. So, one woman, she got off and where she went I don't
know. The other woman was fortunate enough that her husband could come and
pick her up. But what I'm saying is that should not have happened. In the old
days, they would have sent another bus out, regardless of whether this was the last
bus, but the way that data was put to me, her and anybody else that could listen,
no, the bus is not coming! Now, this is not right. And nobody but working class
people rides public transportation! And I still say, and I'm talking about the
Broadway detour. They should have been going down to First Avenue, making
the left, and another left back on Muscatine. It makes no difference about time.
The bus is never on time! And somebody just said, well, what if somebody wants
to make a connection for Coralville? Then they take an earlier bus! But I was
very upset for that woman, for those two women! And like I say, I don't know
who was waiting down the line, beyond Linn Street and Washington. So,
something the ... the Transportation company has to get its act together cause we
pay to ride that bus. And those ... that's disabled, I don't know how many disabled
people go out there, but I know that I was out there and I know that my bus came.
And, I'm just tired of complaining about the same thing and it's ... it doesn't do
any good to call the company. Somebody'll tell you they're sorry and try to get a
supervisor. Seems like all the supervisors are on vacation. Well, I just hope
something can be done about this. Thank you.
Hayek: Thank you for your comments. Anyone else from the audience? Okay, we'll
move on to Item 6, Planning and Zoning matters.
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ITEM 6b AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE
FUTURE LAND -USE MAP DESIGNATION FROM OFFICE RESEARCH
PARK TO LOW- DENSITY MULTI - FAMILY RESIDENTIAL (8 -16
DWELLING UNITS PER ACRE) FOR A 27 -ACRE AREA BOUNDED BY
CAMP CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE
SOUTH SUBDIVISION ALONG RYAN COURT TO THE NORTH, AND
CAMP CARDINAL BOULEVARD TO THE WEST, SUBJECT TO THE
TEXT OF THE PLAN NOTING THAT ENVIRONMENTALLY -
SENSITIVE AREAS AND LIMITED STREET ACCESS MAY RESULT IN
DEVELOPMENT AT A LOWER DENSITY (CPA12- 00003).
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel)
Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson,
the Director of Planning for the City. Uh, Item 6b on your agenda this evening,
uh, that the Mayor has just delineated is a request for a Comprehensive Plan
Amendment, uh, from Southgate Development Company. You see the location
here, uh, just to orient you ... uh ... this is Highway 218, uh, Camp Cardinal
Boulevard, the old Camp Cardinal Road, uh, is here; here you see, uh, existing
new subdivision, uh, Cardinal Ridge Subdivision, uh, and the subject property
here. This, uh, property is shown currently in the Comprehensive Plan for office
and research park development, uh, the owner of the property, uh, has, uh,
expressed an interest in having that changed to multi- family. Uh, staff has
examined, staff and the Planning and Zoning Commission has ... have examined
both designations. There probably is some reasonableness to, uh, either
designation. Uh, however, there have been some concerns that, uh, there are
some other areas of the community, not just Iowa City, but including Iowa City
where office research park development is being pursued and that, and uh, in this
particular area the infrastructure and in particular the access, and I will show you
a ... a photograph in a second, uh, there is some concerns about access and the
thought is that, uh, it may be an appropriate site, uh, also because of the
environmental features on the site, uh, for multi - family, uh, development and
here, uh, this just shows some of the topography of the area which is ... which is an
issue. Uh, here you see, uh, you know, when you're looking at these things in
two dimensions, it looks like it's pretty easy to provide access, but as you can see
there's a significant grade differential here. I think there's another ... this is from
the top looking down. Uh, a... a street from where this photograph was taken
down to that car would not meet the design standards, uh, for street access. It'd
be too steep and so, uh, that will have to be engineered, and the thought is that it
may be more appropriate to have the access come, uh, from a, uh, a new street
that would be along the old right -of -way of Camp Cardinal, uh, for a office and
resper ... research park development, uh, that also has residential in the area.
You'd want that access to come directly off the arterial street. That is one of the
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motivations for perhaps considering residential being the appropriate, uh,
designation. The other thing here, and that shows up ... oops, excuse me, it shows
up a little bit here. Well, not really. There are some sensitive environmental
features in this area and again a good way for dealing with those is to, uh, have
the Comp Plan call for multi - family development that can be clustered in the
areas that do not have the environmental significance. Keep the, uh, ravines open,
uh, and have development occur in that manner. Uh, the, um, St. Andrew's
Church in University Heights has recently made a decision to relocate out to this
area and so we do think that the issue with this road, allowing the development of
this property is something that will be resolved fairly certain, uh, excuse me,
resolved fairly soon so that ... the access from that to this property could occur.
So, for all of those reasons, uh, the recommendation from the Planning and
Zoning Commission and staff is to, uh, approve the Comprehensive Plan
amendment from ORP, office research park, to multi - family. Are there any
questions?
Mims: Is that a private road that's going in there right now, Jeff, or is that...
Davidson: Uh, this ... this is a public right -of -way to that point. Used to go all the way
through, to Coralville, um, but the intervening parts has been ... have been, uh,
vacated.
Mims: Okay.
Dobyns: Jeff, will this be, uh, has St. Andrew's Presbyterian had any design ideas about
where the building might go on that adjacent property that might affect the
location (both talking)
Davidson: We've had a couple discussions with them, Rick, but they're still ... they just had
the vote very recently and they haven't wanted to go to a lot of design and
engineering expense until that vote occurred, so I assume that'll be occurring here
shortly.
Dobyns: Okay.
Davidson: Any other questions? Thank you!
Hayek: Thanks, Jeff. Anyone else during the public, uh, hearing portion? If not, I will
close it at this time. (bangs gavel)
2. CONSIDER A RESOLUTION
Payne: Move resolution.
Dickens: Second.
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Hayek: Moved by Payne, seconded by Dickens. Discussion? Roll call, please. Item
passes 7 -0.
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ITEM 6c AMENDING THE CENTRAL DISTRICT PLAN TO CHANGE THE
LAND -USE DESIGNATION FROM LOW TO MEDIUM DENSITY
MULTI - FAMILY TO SINGLE - FAMILY AND DUPLEX RESIDENTIAL
FOR PROPERTIES LOCATED AT 905,909 AND 911 NORTH
GOVERNOR STREET AND A PROPERTY BETWEEN 906 NORTH
DODGE STREET AND 910 NORTH DODGE STREET (CPA12- 00004).
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel)
Davidson: Uh, the properties in the vicinity... well, 9...905 to 911, uh, North Governor; 911
N. Governor is the location of the, uh, old Human Services building for the
County, which you see here. Uh, several months ago we had a spirited, uh,
discussion at the City Council meeting involving a proposal for a rezoning from
commercial office, which as you can see is the, uh, current designation of the 911
property. Uh, and uh, a proposal to zone that to high, uh, multi - family residential.
Uh, and it was a determination at that time, uh, not to approve that and basically
you instructed staff to take a look at the Comprehensive plan for this area, which
did call for multi - family development. The proposal at the time was consistent
with the Comprehensive Plan. Uh, we along with the Planning and Zoning
Commission have taken a look at that, and the Comp Plan guidance, uh, that
established the multi - family zoning, um, I think is from an era where maybe we
had some other priorities and ... and the ... the decision was made, uh, the R313, uh,
zoning that you see here, uh, that might look a little odd and that's because that is
a former zoning classification that is still in place because of a court order. It's
essentially the equivalent of RM -20, uh, medium density multi - family, and so
the ... the thought of the Comprehensive Plan at that time, uh, which pre -dated our
sensitive areas ordinance, was that well, it should be consistent, uh, the adjacent
properties should be consistent. Um, I think there are now some other priorities,
chiefly relating to environmentally sensitive features, and uh, neighborhood
stabilization that perhaps trump what at the time was considered the priority, and
so the determination of the Planning and Zoning Commission, in particular
because of the concerns about, uh, neighborhood stability is, uh, to have the
Comp Plan designation changed to, uh ... uh, one that would allow single- family
and duplex residential. Those would be our RS -5 and uh, RS -8, excuse me,
zoning classifications. Uh, and that is the recommendation from both staff and
the, uh, Planning and Zoning Commission. Uh, you will note, you might have
noted that the, uh ... uh, oh, excuse me. That was another staff report — I'm sorry!
Uh, are there any questions about what is proposed in terms of the Comprehensive
Plan designation for these properties?
Mims: Yeah, Jeff, in the packet there was some significant correspondence regarding that
court case and the court order and... basically, and maybe this is for you, Eleanor,
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uh, alleging that if we made any changes here that was going against the court
order. Can you explain the City's position on that?
Dilkes: My office has looked at that pretty carefully and um, we do not believe it is
contrary to the court order and believe you have the ability to change the
Comprehensive Plan and ultimately the zoning.
Mims: Thank you.
Throgmorton: Is ... Eleanor, does the ... does that court order apply to the whole area that would
be rezoned or just the small fragment that is currently R313?
Dilkes: I'd have to give you a map to show you what the court order applies to, but it
generally applies to the R313 area, I mean, it included property in the R313 area is
where ... as well as the hatched area ... to the north of ..I mean I can certainly give
you a more detailed memo about my analysis of that, um, but I'm ... I don't have a
lot of doubt about that.
Mims: Okay. Thank you.
Hayek: Other questions for (both talking)
Davidson: ...if the, uh, if the Comprehensive Plan designation... if you determine that it
should be changed, then, uh, we would entertain positively a request for rezoning
to the RS -5 or RS -8 classifications in conjunction with the redevelopment project
here. Any other questions?
Hayek: Yeah, so explain that part again. If... if the Comp Plan is changed, what if
anything (both talking)
Davidson: ...Comprehensive planning, uh ... uh, excuse me, the Comprehensive Plan
amendment, uh, this evening. The ... the existing CO -1 zoning will remain until
there is a request, uh, for a rezoning, and that will be, you know, one of the first
things we scrutinize is the consistency with the Comprehensive Plan when we do,
uh, get those and that's part of the recommendation that we give to you is whether
or not it's consistent.
Hayek: Okay.
Davidson: Any other questions...
Hayek: Thanks, Jeff, may ... may need you to come back up here. Any other, uh, input
from the audience before I close the public hearing?
Wright: Good evening, I'm Mike Wright, 225 N. Lucas. I'm the Coordinator of the
Northside Neighborhood Association, and I just have just some very brief
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comments, uh, just about a year ago Council was discussing this property, um...
some of the same ... some of the same issues that came up then were being
discussed now. One difference was I was sitting where Susan is sitting (laughter)
and at that time I said, uh, that I thought this zoning had been a terrible mistake
and that it's one that we needed to take care of, and it's taken a year but uh ... I'm
very glad now that the opportunity to rectify this mistake is before the Council
and I hope you'll take it. I really hope that the Council will, uh, continue to
support neighborhood stabilization, uh, what I would consider to be rational
zoning, uh, that's in step with the rest of the neighborhood and I really hope
you'll support this, uh, change ... code to....I'll try that all over again! I really
support ... okay! (laughter) It's been a very long day! I really hope you'll support
this change! There we go! Thank you very much!
Hayek: Thanks, Mike! Anyone else from the audience? Okay, I'll close the public
hearing. (bangs gavel)
2. CONSIDER A RESOLUTION
Payne: Move resolution.
Dobyns: Second.
Hayek: Moved by Payne, seconded by Dobyns. Discussion?
Champion: Very, very positive! I'm very pleased to see this come to us.
Hayek: Yeah, I... it, you know, when you look at the, uh, strategic planning we did and
the identification by Council and staff of neighborhood stabilization and
revitalization is, uh, one of our top priorities, um ... and then you apply it to
something like this, uh, it...it seems appropriate for us to do this and ... and as the
staff memo discussed, the key ... that the watchword is compatibility with a ... a
future development with the surrounding area and making sure that we, uh, ensure
a good transition between what kind of development occurs there and what, uh, is
in the adjacent areas. Um, I think those goals will be met through this, and I think
it's important for us to support it. Further discussion?
Throgmorton: Think I'd only like to add I'm really happy that the staff dug into this and that the
Planning and Zoning Commission gave it its typical, careful, um, thoughtful
assessment. I'm really happy that we have it before us; can't wait to vote on it.
Hayek: Roll call, please. Item passes 7 -0.
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ITEM 6d AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM -
DENSITY SINGLE - FAMILY (OPD -8) PLAN FOR SADDLEBROOK
MEADOWS PART 1 TO ADD A SINGLE -STORY RANCH -STYLE
HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR
PROPERTY LOCATED AT WHISPERING MEADOWS DRIVE AND
PINTO LANE. (REZ12- 00022)
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel)
Davidson: Uh, the uh .... case that the Mayor has just outlined is located here, uh, just to
orient you — Heinz Road which connects this, uh, the Saddlebrook Subdivision to
Highway 6 is here. Uh, Saddlebrook Meadows Part 1 is a ... a ... a ... the newest
portion of the Saddlebrook development. It's in this location. There's a lot of
great building going on out there by the way, uh, single - family new homes
program has several, uh, homes out there, and I encourage you to go out to look at
that. Uh, this, uh....sub ... uh, this portion of the subdivision is connected, uh, to
Paddock Circle, uh, by a road in approximately this location and of course
Whispering Meadows Drive, it does provide secondary access to the ... to the
subdivision here, which has been an issue. Uh, the OPD plan, uh, the OPD
process does stipulate the specific unit types. Those are something that you
approve as part of the planned development process. All of the single - family
units at this time, uh, are two -story units — all of the approved unit types — and the
developer has indicated a desire to introduce a, uh, a single -story unit and
specifically six of those. Uh, this is what they would look like. Here is an
example and another example. Um, and there would be six of these in this, uh,
located in this central area here. Uh ... to ... to be determined in the future. Uh, one
of the things that we noted, uh, as ... when we were evaluating this is that the ... the
footprint of the single, uh, story units are larger than the, uh, the two -story units,
and these are already quite small lots. So what the developer has agreed to do is
have full -width porches on these so that there's at least a little outdoor space, uh,
incorporated with each unit. Uh, this is in the area of the Sycamore Greenway,
which is over in this area. So there are opportunities for open space activities in
the area, but uh, on the small lots, uh, the ... the full -width porches will at least
give a little bit of, uh, opportunity for, uh, some open space on each individual lot.
So as I said, there would be, uh, six of these, and oh, there's also a requirement
that identical models, uh ... I, uh, would not be repeated next to each other. That's
part of the existing conditions and are a part of the, uh, new conditions as well.
Are there any questions?
Payne: Jeff, is there a path to get over to that greenway?
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Davidson: Uh, there will be, uh, Michelle, when the remainder of this area here is ... is
developed. There will be a connection to the greenway then. There is not
currently.
Payne: So it'll go through that ... open area?
Davidson: Yeah, and there'll be a connection here, uh, once the remainder of this is, uh, is
developed.
Payne: Thank you.
Dickens: And where does Pinto Lane ... hook up with the other subdivision?
Davidson: Uh ... it's right ... okay, here's Pinto Lane, if you can ... let me see if I can... oops!
Yeah, Pinto Lane is right ... I'm sorry, it's down here. So it's at the very bottom,
Terry. It's right there, comes through right there. Yeah, the reason it's not shown
here is it is a... a recently constructed private street that then gets you into
the ... the public streets here. Any other questions?
Throgmorton: Jeff, I ... I do have a question a ... about the, uh, building type that you showed us
an image of. I'm ... I'm just curious, I think it has nothing directly to do with the
rezoning, but what's the square footage ... of...of these buildings?
Davidson: You know, I apologize, Jim, I don't know what the square footage is. I don't
know if the developer's present and can clarify that.
Champion: Was there any thought to, um ... any of these being of universal design? I think
these are moderately priced homes and there's a lot of, uh, people who are
interested in zero - entry.
Davidson: Yeah, both of these examples look like they could be, uh, but there's not a
stipulation requiring that. They do look like they could...
Hayek: The developer's here
Champion: Yeah!
Hayek: If you've got questions, and we could ask Steve to come up and (several talking)
Champion: Yeah, I...
Davidson: ...I didn't know if Steve was here or not but he can (both talking)
Champion: ...he's there!
Davidson: ...he can probably answer those. Is he nodding?
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Champion: Yeah!
Davidson: Okay. Good. (laughter) Any other questions for me?
Champion: Is he nodding that he's here? Yes! (laughter and several talking)
Davidson: Anything else for me? Thank you.
Hayek: Thanks, Jeff!
Gordon: Good evening, I'm Steve Gordon with AM Management and uh, we're doing this
development out here, so I appreciate your, um, taking the time to review this.
This ... this, uh, subdivision was approved back in 2005 and um ... um, we're just
getting started with it now. Obviously a lot's changed since then and um, we just
felt this was an opportunity to, um ... build the house with the same concept. It's a
traditionally- designed neighborhood with the garages in the alley in the rear
and ... and a front porch in the front, and this, uh, single -story is ... is real similar to
the two - stories that we're building out there, you know, same, uh, same design
features in the front, just obviously one story instead of two, and so it gives us an
opportunity to build a coup ... a few of these, as we said six. I think there's 18
single - family lots total so a third of `em could be the, uh, single... single -level
ranch, um... and uh... gives the opportunity to meet a different price range. It
could be, um ... uh, universal design, definitely. The uh, the homes we have, the
two - stories do ... are zero -entry and do, uh, provide some livability in the main
level; however, the bedrooms aren't down there. They're all upstairs. There's a
bathroom on the lower level and ... and some livability but ... but this would
obviously have all the bedrooms and bathrooms and everything on the ... on the
main level.
Champion: Well I think it'd be great if you're thinking of doing some of them with universal
design, cause I think ... I like the price bracket these houses are going to be in, and
not everybody can afford to build a house and make it accessible to them.
Gordon: Yeah.
Champion: You know what I'm saying?
Gordon: Yeah, certainly. These would ... these would be in a ... a price range definitely, um,
that's hard to meet in... you know today in Iowa City and that's one of our goals
here.
Champion: Great!
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Gordon: And um, and, Jim, I think they're about 900 or so square feet. They'd be two
bedrooms. The garage is attached in the ... in the rear of the house and um... you
know, kitchen, living room, dining area.
Throgmorton: (both talking) ...I was guessing they would be ... they'd be somewhere in that size
range (both talking) that makes `em more affordable as well so....
Gordon: Yeah, that's right and they ... they could ... they could be with or without
basements, you know, depending on the client's needs or .... or a ... what we feel is
needed in the square footage -wise so ... you know, could have a ... a whole
basement under it too to add some square footage if need be. So...
Champion: I like this idea, Steve. It's nice.
Hayek: Other questions for Steve? Okay.
Gordon: All right, thanks!
Hayek: Thank you. Anyone else from the public before I close the hearing? If not,
hearing's closed. (bangs gavel) Need a motion.
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Champion: So moved.
Payne: Second.
Throgmorton: Second.
Hayek: Moved by, uh, Champion, seconded by Payne. Discussion?
Throgmorton: Al ... you know almost the first vote I took in 1993 when I was first on this
Council had to do with Saddlebrook. So it's pretty interesting seeing, uh, a
modification of it coming before us right now.
Hayek: Yeah, and I think this development provides some... some much - needed stability
in the broader area, um ... which is good and I've ... I've had, uh, conversations
with Steve in the past about what they're doing down there and they have a good
product.
Champion: Yeah, it's good. Very good!
Hayek: Further discussion? Roll call, please. First consideration passes 7 -0.
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ITEM 6e CONDITIONALLY REZONING APPROXIMATELY 1.38 ACRES
LOCATED AT 1030 WILLIAM STREET FROM COMMERCIAL OFFICE
(CO -1) TO MEDIUM - DENSITY MULTI - FAMILY (RM -20). (REZ12- 00023)
[Discussion only at formal meeting]
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh, initially
do we have to ... anyoneto ...does anyone have any ex parte communications to
disclose? I ... I spoke, uh, briefly with the City Manager... today or yesterday, um,
and asked about, uh, the, urn ... the applicant, what our knowledge was of...of this
outfit from Skokie, Illinois, as I understand it. Um, and he had ... heard through
staff that they've done some background research and ... and the results are
favorable, etc., but urn ... that was about the extent of the conversation, so...
Dobyns: And I spoke to the Assistant to the, uh, City Manager regarding the perpetuity of
this thing, um, elderly housing over the years.
Davidson: Uh, this is a developer that is not familiar to Iowa City, but we have, uh, done
some work since we've been working with them and ... and they have done
successful projects in other communities. Uh, this is the location in Towncrest of
the proposed senior housing project that the rezoning you have before you would,
uh, necessitate. Uh, probably a more familiar picture to you would be this one.
This is the location of the project and just to orient you quickly — this portion here
is actually part of the MDK Office Building, which then goes to the north. Uh,
this building... this building is owned by ACT and although it's attached right
here to the remainder of this building is under separate ownership. So basically
from that ... this line right here to the south is where the project would occur,
and ... and this is, uh, an example of, um, their concept that ... what it would look
like. It's not based on a final design yet, but a concept and I think, oh, I guess we
don't have one. They have a project very similar to this in another community
that's an actual built project at this time. Urn ... uh, this ... this project is consistent
with our, uh, Towncrest redevelopment initiatives. Uh, certainly a good question
is about the rezoning from commercial office to residential, uh, I think it's
important to take a broad view of the Towncrest redevelopment initiative. Uh, we
are ... as part of that initiative, looking for a mix of uses, uh, in the, uh, Towncrest
area. Uh, residential, commercial office, and some retail. It's not going to be an
intense retail, but certainly retail oriented to the people who are going to live in
this neighborhood, and we feel that the project before you is one that is consistent
with that overall vision, uh, for the area. This is an area that you've heard us say
many times is very, very well suited to residential development. It has a lot of
things that when you're out on the edge of town in a green field site, how are we
going to get transit out here, how are we going to get a fire station, how are we
going to get schools, how are we going to get parks. It's all here. It's all here
already. Um, and... and apart from some properties, including the one where this,
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uh, would be located that have been sort of disinvested in over the years, it's a
very, uh, very successful good neighborhood and we feel it has a lot of potential.
So, the, uh, the proposal for the senior housing project, uh, is consistent with that,
uh, overall vision. Um, the ... the project would take advantage of the 25% density
bonus for senior housing (coughing, unable to hear) require then to be in place in
perpetuity in the future until the ... until they would come back to you and you
would be the ones to determine if that designation should be taken off. That was
a concern expressed at the neighborhood meeting, about it becoming a market, uh,
rate project and that would have to be by action of the City Council to take off
the, uh, senior housing designation. That is part of the conditional zoning
agreement. Um ... as I mentioned in terms of the Comprehensive Plan we feel that
it is, uh, significant, and ... and we'll be frank with you — we feel it's significant in
terms of not only what it creates, but what it replaces. Uh, and... and we think
that'll help set the tone for the remainder of, uh, the Towncrest area. So, uh, with
the conditional zoning, and I'll just run through them real quickly. The
conditional zoning requirements that the use will be restricted to elder apartment
housing, uh, no, oh, no vehicular drive, and I wanted to point that out because in
this diagram here you can see is the old proposal that had, uh, a driveway on each
side of the building. Uh, what they've agreed to is that, uh, to the south, uh,
because there are basically the backs of residential homes on Wi ... on Wayne
Street, they would eliminate this driveway and have that be instead a planted
buffer area, and the sole ... the sole access will be on this side. Uh, the office
building, aforementioned office building, is ... is right here. Uh, so that ... that will
be ... this driveway will be eliminated, uh, in the final building. Uh, they have
their parking to the rear as you can see here. Uh, so the, uh, restriction for elder
apartment housing, uh, eliminating that driveway access, and then, uh,
there ... we'll try and create some private and semi - private outdoor spaces, uh,
when the site plan comes in. Nothing you have before you now, but at the site
planning stage we'll do that. That was something that came out of the Planning
and Zoning Commission specifically, to try and, uh, get those kind of areas, um,
established, uh ... any questions for me?
Dickens: Just straight north of that property is that already been designated for another
office building? I thought we'd looked at that a while ago (several talking)
Davidson: Uh, to the north? Yes, that's (several talking) that's where the new MDK
Building, uh, will be going (both talking)
Dickens: ... so this would be compatible.
Davidson: ...closer and closer to being under construction and we're trying to encourage
them.
Markus: Talk about financial assistance, Jeff.
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Davidson: Uh, for this project, uh, the financing for these projects will be a mix of...of uses
very typical for a senior housing project like that. It's ... the most significant will
be it's a tax credit project and they ... they will be going after state tax credits, uh,
and then there'll also be a mix of other ... of other sources as well, uh, including
some from the City, uh, that Steve Long and his division are ... are working out.
Mims: How many parking spaces are there there?
Davidson: Um, I believe it's one per unit, which is 41 units. So I believe it's one per unit.
Mims: Okay.
Hayek: What's um... immediately east of there? Can you describe for us the, uh...
Davidson: East of there is a ... is another ... let's see, another block basically ... oops, uh, block
of Towncrest ... nope, I guess I don't have anything. Um, the ... the next street over
is Arthur.
Hayek: Right.
Davidson: That's parallel to William. That has Town and Campus Apartments, and then, uh,
various office buildings, uh, in that area.
Mims: Dental offices.
Davidson: Yeah. (several talking)
Payne: And as far as the elderly housing, it ... that's part of the zoning, it goes with the
property, they cannot change this to be just regular apartment buildings without
changing the zoning.
Davidson: They cannot on their own. It would require coming back to the City Council to
get that amended.
Hayek: And out, I mean, the ... the perpetuity question that ... that Rick raised; Michelle I
think is referencing here is ... is of concern to me, as well. Uh, I, you know, we
I'm not sure that the City would be receptive to this if this were, uh, simply a
a multi - family unit, uh, market rate or ... or ... or whatever we've ... we've had a
a mixture of luck in that area with ... with multi - family dwellings and we're
facing some challenges out there. This particular approach I think is ... is unique
and ... and is something the City is supporting because of the ... the approach being
taken, but the CZA is, I mean, CZAs can be changed and... and... and, uh, I think
if we do this we need to be cognizant of the fact that this could be built, uh, with
the CZA and at some future point the owner could come to the City and request a
modification of that, including I assume removal of the provision that it be, uh,
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elderly housing, uh, and if the City supported it, that ... that would occur. So ... I
think that's something we need to be (both talking) acutely aware of.
Davidson: ...that ability in the future but it would be by your decision.
Payne: And would ... would there be enough parking spaces according to code and all that
stuff? I mean, is it feasible I guess is the question.
Davidson: I think it would be feasible. It's also possible to, through the Board of
Adjustment, get off -site parking on another lot. So I don't think that would ... I
don't think we could say for certain, Michelle, that that would keep it from
occurring in the future.
Payne: Okay.
Davidson: Any other questions? Thank you.
Champion: Oh, I have a question. I'm sorry. Um ... so they're going to use state tax credits,
uh, kind of like Bob Burns did, I mean, we've been over this before.
Davidson: Yes.
Champion: Can ... they change that to open housing, and still keep that tax credit?
Davidson: I am not certain about the tax credits provision. That may have a statute of
limitations that eventually runs out. I think the more significant thing that's in
effect here is the conditional zoning agreement. That will keep it from converting
without action of the City Council.
Champion: And I think it's really important that we control that.
Hayek: Okay, Jeff, thanks. Is there anyone else from the public who would like to
address us?
Porush: Hi, my name is Ben Porush, uh, 7444 Long Avenue in Skokie, Illinois. Um, I'm
the Director of Operations for Three Diamond Development, uh, the developer for
this, uh, proposed project and um, first off I'd just like the opportunity to
introduce myself and uh, even though we are new to Iowa City, we do have a
project in Iowa in Dubuque, uh, that was fund ... which was run through the same,
uh, tax credit program through the Iowa Finance Authority, uh, and that building
has been up for, uh, has been running for about a year and is, uh, fully ... fully
leased and fully occupied. Um ... if I can just address, you know, I ... I hear the
concern about the, uh, you know, this being maintained as a... as a senior -only
project and uh, as part of the tax credit agreement, you know, if we are awarded
the tax credits, we have to agree to keep this project as ... as affordable and senior
for a minimum of 30 years.
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Champion: Oh!
Porush: So as a ... as a ... as part of that, you know, if we're going to get those tax credits
and we're going to develop this through that program, if we do not maintain it as
such, then we would not be in compliance and we would never be able to do
another project in ... in the state of Iowa. So there's... there's a lot on the line for
us to make ... make sure that we are ... abiding by those ... by those, uh, restrictions.
Throgmorton: I ... I read about a project that you've done in Illinois — I've forgotten the name of
the small city, uh...
Porush: Oswego?
Throgmorton: Oswego, thank you, uh, can you briefly tell us about that project and how well it's
going?
Porush: Yes. So that ... that's our ... that was our second project in III ... in Illinois in
Oswego. It's a 60 -unit building, and uh, that building opened up, uh, this past
spring, about, uh, end of March, beginning of April, and uh, and we've already
achieved 100% occupancy on that building. Um, it was an area that did not have
a lot of, uh, rental apartments and did not have anything specifically senior and
affordable. Uh, it's been very well received and uh, we're hopeful to go for a
Phase 2 in that... in that area as well. This has been a lot of, uh, lot of demand and
we're to have a significant wait list on that project as well.
Throgmorton: If we approve the proposal before us tonight and you build the project and it does
well, uh, can you imagine that you would do others here in Iowa City?
Porush: Absolutely! I mean, it's a ... to go ... to go .... for all the effort and the time and the
resources that it goes to do ... to do one project, our ... our goal's always to, you
know, to try to make a mark in a community and uh, in Dubuque for... for
example, uh, that project already has a wait list of...of over 50 people and uh,
we're already looking into to ... to opportunities for ... for a Phase 2 in Dubuque.
So, uh, our hope and our goal would be ... would be not just to be, uh, here for one
building and to ... to move on. It's to ... it's to establish ourselves in the
community.
Throgmorton: Thanks!
Hayek: Thanks. Any other questions for... (mumbled) Okay.
Champion: I just ... are these one or two - bedroom units?
Porush: Uh, it'll be a mix of both.
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Champion: Okay!
Hayek: Okay.
Champion: I was just curious.
Hayek: Ben, thank you for your ... your presentation. Anyone else, uh, during the public
hearing portion? Okay, I will close it at this time. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Payne: Move first consideration.
Mims: Second.
Hayek: Moved by Payne, seconded by Mims. Discussion?
Mims: I think it's an interesting new project! I think it's good to see other developers
coming to town, um, so we have a variety of people working in the community.
Uh, so I look forward to it!
Dickens: Location's great! Close to Hy -Vee. Seems to work out very well.
Payne: I think this is something that we were kind of thinking of for this area, to
get ... have some elderly housing here because of the proximity to Towncrest, and
hopefully it will help bolster the other redevelopment in the area.
Throgmorton: Another feature I like about it is that they're proposing to have the building fairly
close to William Street, instead of set back with parking all in front. So the
parking ... the parking will be in the back.
Champion: Right!
Throgmorton: So I think that's a good thing for the neighborhood feel. Uh, so, but it also points
to the importance of the ... of providing common spaces. So where ... where did
our (several talking)
Mims: ... around the corner. (laughter)
Throgmorton:... it points to the importance of providing common spaces for the residents of the
building. So, uh, you know, definitely do that, and I want you to succeed! You
know? It succeeds we're all better off!
Dobyns: And as a geriatrician, I welcome the business! (laughter)
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Champion: I also like the idea of ..of the whole thing out there, but also there needs to be
some public areas outside.... it's a long walk to the nearest green area, which'd be
Mercer Park. And elderly people like myself don't want to walk that far!
Throgmorton: Right!
Hayek: Well and ... and, back to the conversation I had with ... with the City Manager
where I asked about reputation, etc. I mean, this ... this has been ... the applicant
has been vetted internally and as well by our, uh, outside consultant from NDC,
uh, which works with us on these kinds of, uh, proposals and so staff, uh, from
my perspective seems very comfortable with this and that speaks to me. Okay, if
there's no further discussion, uh, first consideration roll call, please. First
consideration passes 7 -0.
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ITEM 6f AMENDING TITLE 14, ZONING CODE, ARTICLE 4C, ACCESSORY
USES AND BUILDINGS, TO ALLOW FOR THE KEEPING OF
CHICKENS AS AN ACCESSORY USE TO SINGLE FAMILY
DETACHED USES AND TO REFERENCE STANDARDS FOR
STRUCTURES FOR THE KEEPING OF CHICKENS.
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel)
Davidson: I did want to just point out quickly as the Mayor alluded to in your work session
that your hearing may go beyond the zoning code issue that's right bef...that's
before you as part of this item. The zoning code issue, uh, is because chickens
and chicken coops are not considered accessory uses currently in the zoning code.
Uh, your subsequent determination as to whether or not you want to do the whole
urban chickens thing, uh, it will be predicated, I mean, if you decide to approve
that, then, uh, this goes with it, basically, as establishing those as accessory uses
in single - family zones only.
Hayek: And before, uh, we open it up, and I'm sure there will be input from ... from the
audience on this, I think it's important for everyone in the room, and those
watching, to understand there are ... there are two items... there're really three
parts to this, if ..if this goes forward. The first part is what's up right now, and
that's the change to the zoning code. Um, there's a second part which is a...
several items later, it's Item 9, which relates to, um, a... adoption of a permitting
process, um, and then the third item, um, which we're not voting on tonight, even
if this goes forward, is an actual policy which would get into the nuts and bolts of
...of dimensions and requirements and this and that, um, and ... that's not being
voted on tonight. It's part of the information, um, but it would only be taken up
by the City Council if and when we pass this other stuff.
Mims: Which needs three votes.
Hayek: Which needs three votes, and so um ... your ... your comments will probably touch
upon one, two or all three and ... and I would assume most of the comments would
actually be on the thing we're not taking up this evening, urn ... uh, but what I
would suggest, given this interesting dynamic, is that if you have comments on all
of...any or all of this, that you go ahead and make them now during the public
hearing, urn ... uh, so that we have the benefit of that, and then we can ... then we
can move forward. So I just wanted to clarify that cause it would be easy to be
confused about it. We get confused about these things from time to time,
so ... with that said, if there's anyone from the public during this public hearing
who would like to weigh in on this topic, uh, please step forward.
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Gassman: Hi, Council. Can I approach with these? (away from mic) Sign in quick while
those are handed out. Um, what's being circulated to you ... my name is Shannon
Gassman, by the way, urn ... what's being circulated is the beginnings of, um, what
the ICLUC group is starting to work towards, um, in terms of educational
materials, um, that would be available to the public through the City and the
Animal Shelter. Um, this was something that we discussed in meetings, uh, with
the City staff that it would be important to have some sort of educational materials
available for folks who are considering, um... even considering and haven't read
the codes about what might entail, urn ... what they might need to do in order to
start the process of looking into having chickens or getting their property ready,
um, and such requirements for them. We want this to be available, straight-
forward, um... so that maybe it would even be on -line, so that folks would be able
to understand very clearly in more of a, um, less- policy, um, sort of writing, so
that folks can really understand what is being asked of them. Um... so that kind of
gives you an idea of what we want that to include, um, it'll go much beyond that,
I believe, has a few of the questions and things on there are not filled out, but
that's to give you an idea of what we're after. And we'll continue to work, um,
with the Animal Control, uh, folks to get that up to what everyone expects from it.
Um, on a separate note and private from my own personal comments, um, I know
you've received some letters about health impacts of chickens recently, and
urn ... I wanted to comment about some of the health impacts of not going forward
with these policies. Um, talking about food as our ... major way to sustain
ourselves. We need to make sure that our food is both ... most helpful that it can
be, um ... I don't believe that the majority of the eggs that we're consuming in our
city are up to what they could be. I think there are available at the Farmers
Market, eggs that are as rich in vitamins, minerals, everything that they should be,
but what's available in grocery stores in the white egg shells is not what we could
be getting. Um, I think we need to start look ... looking at ways that we can
enhance our food systems, um, and this is one way that we can start doing that.
On another level, um, how those eggs get to our market. I'm not quite sure where
all of `em come from, but they're coming from further than they need to be. The
transportation of those eggs and our transportation to the stores is increasing the
pollution, the transportation, urn ... congestion I would say even, of what's coming
into our city. We need to seriously reconsider how we are bringing our food into
our community and this is a way that we can start to have food right outside of
our door, like our gardens are already providing for us. Um... so if you... other
things to bring forward on the health impacts of what we're looking at tonight. So
thank you very much.
Hayek: Thank you for your comments. Anyone else?
Honohan: Jay Honohan. Mr. Mayor, Members of the Council, I'm here on a different topic.
Champion: I know!
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Hayek: Oh, yes! Okay! (laughter) Caught me off guard there. You're going to speak
about the topic at hand.
Honohan: My wife suggested that I don't need to come down here in view of what she's
seen in the papers because she thinks this is moving forward, but she forgets that
her husband is like Don Quixote and he tilts a lot of windmills all the time. Um...
I guess ... uh, I understand that this is going on in several different communities.
Uh, I did some research on the internet about urban chickens. I found out pros
and cons, and I ... I found out some things were surprising, uh, it seems to me...
based upon my past experience, my dad and mom owned a farm in Boone
County. They were substantial farmers. In fact, some of their equipment cost
more than my condo does today. They raised cattle. They raised hogs. And none
of `em raised chickens... because they left that to the large hatchery outfits,
because they felt that that was not a good thing to do on a farm, in a small way.
And I think that's really true ... in Iowa City and in these other communities. I
found some interesting articles on the internet, which I'm going to leave with you.
They're pretty lengthy and I don't intend to read `em, and I was lazy and I didn't
make copies and I'm sorry. One of `em is about the downside of raising backyard
chickens, and here's a gentleman that does backyard chickens, and he has a
lengthy article about all the problems with it. And he is, um ... indicating to
people that maybe, um, maybe it's not such a good idea after all for a lot of
people. There's another interesting article was in the New York Times, and it
talks about when the problems come home to roost. And one of the interesting
sidelights on this is after the bloom wears off, people abandon the chickens. And
they're all over California, according to this article — not all over. That's an
exaggeration. But there are several of them! I think this is not the thing ... to do in
Iowa City. I ... I found nothing to indicate that the eggs are any healthier. I found
nothing to indicate that the people that do this, uh, become any healthier. Uh, as a
matter of fact, you're looking at a guy that's 82- year -old and I've been eating
those eggs at Hy -Vee and ... and those places all my life. Um ... I ... I would admit
there's a little red fox and two female raccoons that live on the east side of Iowa
City and they want this ordinance to pass. Because that's one of the things that's
mentioned in here — the raccoons really go after these people. Or not the people,
the hens! (laughter) They might go after the people too. Another item on that is
that... chickens do bring disease, and chickens die, and it's very unfortunate, but
some people get real attached to them and then they lose their pet chicken. I did
...my wife and I went out for our annual buying a Christmas ornament for our
grandkids last week, and I couldn't help but pick up what I think to be the only
real chicken that belongs in Iowa City. I'll leave it here for the Council. I'm sure
you don't have any questions so I'll get out of (laughter)
Hayek: Thanks, Jay. I don't know how we're going to get your plastic chicken into our,
uh, consent calendar for correspondence, but ... we can try.
Honohan: I'll take it with me! (laughter)
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Champion: Yeah, do. It'd be easier. So when people don't want their chickens why don't
they just eat them?
Hayek: Why don't we, uh, finish out the public hearing (several talking)
Labadie: Hi, my name is KT Labadie. Um, and I've been an Iowa City resident for over
two years and prior to that I lived in Albuquerque where I kept chickens. I ran the
web site urbanchickens.org which has been a very popular chicken web site since
2006, and I've helped a variety of cities through letters or research that I have
done to help, um, bring chickens to their communities and being able to move to
Iowa City, I really want chickens. I miss having them. I had pet chickens die.
I'm still okay today (laughter) Um, that happens with pets. Um, I had sick
chickens. I was able to find vets that would help care for them, and I also had a
really great community of other chicken keepers and we did a lot of chicken
keeping outreach and education, um, we did do some work, you know, at the
local, um, animal control folks, as well. When we would find chickens that were
up for adoption, we would put the word out and try to get them adopted so they
wouldn't be there for a very long time period, and I feel like the work that, um,
Shannon and I have been doing with some educational materials, as well as the
participation of, um, other members of ICLUC, you know, there really is a lot of,
um, there's... there's a lot of people who want to keep chickens, but reading
through the process of what people have to do to apply, um, to get their coop
approved before they even get their birds, I don't think that we're going to have a
lot of problems with people who are just, I'm going to do this, kind of on the fly,
which was how it was in Albuquerque and sometimes that could turn into an
issue. I really think the way that City staff has framed things, really makes it in
such a way that you're going to eliminate issues, and granted there's always going
to be people who can't follow rules, but I don't think that that should limit
everyone else from moving forward and being able to do this, especially because
it's been very successful in Cedar Rapids, in Des Moines, in Ames, um, I think
Mt. Vernon, is that correct ... just passed their ordinance allowing for chickens, as
well. So I really think that we can do it here in Iowa City and I think education is
key and that's something that we are very willing to help with, um ... and just
getting people aware of what they need to do to eliminate a lot of these issues.
Um, so I hope that you guys really will consider it. Thank you.
Hayek: Thank you for your comments.
Dumont: Hi, my name's Kathy Dumont, and, um, I come at this with a little bit of a
different perspective I guess. Um ... I'm raising four children in an urban
community and I would like the opportunity to teach my children about
agriculture. Um, I believe in urban communities that we have lost the
understanding and the ability to teach our children about agriculture and how, um,
everything from what we live and breathe and use in our everyday lives, including
baseballs, come from agriculture. And how important that is in our community,
and part of that would be an opportunity for us to raise urban chickens. Um, it
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would also give us an opportunity to, um, teach our children how to ... provide an
ecologically sound and sustained system, um, create a healthy permaculture in our
land. Chickens, unlike, um ... most ... most or much of the agriculture that we
provide in Iowa, like hogs and cattle, provide balance to our ecological system,
um, by providing, um, not only fertilizer but then eating the bugs and the grubs
and all of those other sorts of things. So ... um ... our children would like to have
chickens! (laughter) And Jack, my 8 -year -old son has something he wants to say
also. You want to say somethin'? No? (laughter) Okay, he declined. Are you
sure? All right. Thank you.
Hayek: Thank you for your comments! Anyone else ... before I close the public hearing?
Anciaux: My name is Don Anciaux and I live at 2119 Russell Drive. Uh ... Councilor
Dobyns made a shameless plug earlier to his geriatric business and I buy my eggs
from a young lady who lives outside of town. She raises free -range chickens and
unfortunately I think state law prohibits me from giving her a plug, but she raises
some very good chickens and raises some very good eggs. If you go outside of
town, there's eggs for sale all over the place. You can find the organic ones
where, uh, somebody's raising organic eggs. This young lady raises `em organic
and free -range so they're not penned up in a chicken coop. They're not being
tormented by raccoons. They're not being abused by humans. Uh ... next thing. I
don't ... I've talked to two of my neighbors ... and all three of us we found out have
raised chickens in the past. We feel it is better off left on the farm, uh, left out of
our sight, left out of our hearing, and I ... would like to say that I ... I just, if you do
pass this, I would expect you to pass an ordinance that would have a, uh,
neighbor's right of refusal on the, uh ... raising of chickens. And uh ... I'm not sure
but I think I read in the ordinance that you ... when they can't lay any more that
you can't even kill `em to eat them, which I think is ridiculous cause that's what
we did on the farm all the time is we'd raise chickens. When they didn't lay any
more, they made pretty good stew. And, I'd appreciate your consideration of this
and please, don't pass this!
Hayek: Thank you for your comments. Anyone else?
Imborek: Hi, my name's Katie Imborek. I live at 408 McBride Road in Iowa City and I am
a physician in family medicine. So I thought that I would take a little bit of a
more medical approach, and I would disagree with the earlier comments and say
that there ... there actually have been some studies, um, some that have been done
that have compared chickens that have been raised free range versus chickens that
have been ranged ... have been raised otherwise. So I guess that we can't really
compare apples to apples cause we don't necessary ... we can't necessarily say that
urban chickens are going to be free -range chickens. But ... based on kind of
whatever the outlines would be in terms of how big the coop was and what the
size of the space would be, we can probably assume that they're going to move
around more so than those hundreds and thousands of chickens that we see, you
know, where they can't even stand because all they do is ... they're so big and
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things like this. And, that they have shown clearly that there's more Omega -3
fatty acids, which everyone should take an Omega -3 fatty acid. If you're not you
probably should. It's good for your brain. It's good for your heart. It lowers
your triglycerides. Um ... and that it's lower in cholesterol. So they have actually
shown that there's some real health benefits to having eggs that are bought from
chickens that are free -range. So that's one part of it. So I think that there is
evidence that we could point to and look at, but I think that from a bigger and
broader perspectives of what I would really like to see ... not necessarily what my
patients want to see. They just want a pill to make them healthier and to help
them lose weight and to do all these other things, but really from a healthy patient
perspective and from really trying to look at Iowa City as a progressive place
where we have citizens that are really quite healthy, that what is better than
actually knowing where your food comes from? What is better than knowing that
you go out to your garden and that you collect these vegetables and ... and this
fruit, and that you are able to prepare it and eat it. What is better than showing
your children how to eat well, and how to live a sustainable life by actually
showing them what it means to garden, showing them where their food comes
from, showing them how you collect your compost and give it to your chickens
and how the chickens lay eggs and how you take the fertilizer from those chickens
and put it into your garden, and how all of this is really the most healthy way to
live and eat, and it's getting food locally, and it's getting food out of your
backyard. It's not going to McDonald's and buying fast food that so many of our
citizens do. So I think that there are a lot of good reasons for this. There are a lot
of things that we can put in place that are able to not let chickens run wild, to not
have roosters that are loud. That have hens that are much quieter than many of
your neighbors' dogs. So I think that for a lot of these things that people are
fearful of, there are ways to put provisions in that give us answers to those
questions and make sure that that's not going to happen. So I would encourage
you to follow Cedar Rapids, to follow Mt. Vernon, to follow Hills. Don't let
Iowa City be behind those places. We are by all means the progressive city here
and we should vote accordingly. So thank you for your consideration.
Hayek: Thank you! Anyone else?
Gold: I don't really know how this works. Do I just need to sign this or...
Hayek: Please, yes.
Gold: so I actually came here for something totally unrelated. I didn't know we were
having any type of chicken discussion.
Hayek: And if can interrupt you — if you could verbally give us your name too (both
talking)
Gold: Oh, Rachel Gold.
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Hayek: Thank you.
Gold: Um, I ... can really empathize with the people who ... uh ... want to create a
sustainable community and I sort of take offense to the juxtaposition that anybody
who doesn't want to do that is totally against creating a sustainable community or
living an unhealthy lifestyle or something like that. Um, I will say that I am really
uncomfortable with the idea of living next to somebody who has chickens. Um,
because I imagine it being loud, because I imagine it being dirty because I
imagine them carrying disease, and I guess what confuses me a little bit given that
we live so close ... to an agricultural area is why this would happen ... have to
happen inside city limits. Um, I'm wondering if this is something that's
important to people and is beneficial in other communities, if maybe there's not
some way to reach a compromise and have some type of shared space maybe
outside of city limits, but that was a common, communal ban for doing this, and
maybe I don't understand policy well enough to see why that wouldn't be
reasonable but, I mean, as far as feeling like you have to have chickens in your
yard to teach your kids about agriculture, you live in Iowa, I mean (laughing) it's
not that hard to sort of go outside and teach your kids about agriculture. So, I
definitely agree with the gentleman who suggested a neighbor's first right of
refusal, um ... because while I can certainly see wanting to do that if there's benefit
to it, I wouldn't really want to live in the middle of that. So, thank you!
Hayek: Thank you for your comments. Here comes Jack! (laughter)
Conklin: Hi, my name is Jack Conklin and ... I want to have chickens because my dad used
to lived in ... used to live in Kalona and his chickens laid eggs and when I ate
them, they taste really good. Thank you.
Hayek: Thank you! (laughter) Anyone else before I close the public hearing? Okay,
public hearing is closed. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Dobyns: Move first consideration.
Mims: Second.
Throgmorton: Matt, I want to ask a question about the ... the...
Hayek: Just a second. Moved by Dobyns, seconded by Mims.
Throgmorton:... oops, sorry.
Hayek: Discussion? Go ahead!
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Throgmorton: Sorry! Uh, I just wanted to seek some clarification from Jeff about which specific
zones would be affected by this, uh ... um, resolution that we're...
Karr: While we're waiting for Jeff, could I have a motion to accept correspondence?
Mims: So moved.
Champion: Second.
Hayek: Moved by Mims, seconded by Champion. Discussion? All those in favor say
aye. Opposed say nay. Motion carries 7 -0.
Davidson: Uh ... and I'm just quickly going back to that item, Jim, um...
Mims: Well it's anything that's single - family, right?
Throgmorton: Yeah, I mean (both talking)
Davidson: ... just single - family... (both talking)
Throgmorton: RS -5, RS -8, that's it or what?
Davidson: RS -12 technically, yes.
Throgmorton: RS -12, okay. So (both talking) of the multi - family zones, none ... none of the
other ... other zones in Iowa City, just those three resident, single - family
residential zones?
Davidson: Single - family zones only.
Payne: And only detached.
Davidson: Right.
Payne: So no duplexes.
Davidson: Right!
Dilkes: I think it's not so much looking at the zone but looking at the ... the home that
you're trying to establish the use on, and that has to be a single - family, detached
use.
Throgmorton: Okay. Just wanted to make sure we were all clear about that (both talking)
Markus: And some of those zones have covenants that won't permit it either.
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Throgmorton: Right.
Mims: I think that, um, individuals in the community have been, urn ... trying to get this
for quite some time. I think it's taken the Council a while to, uh... decide that we
were willing to look at it. I think staff along with people from ICLUC have done
a very good job of putting together, um, an ordinance and policies that help
protect neighbors. Uh, there are individuals who do not want to live next to
chickens. But I ... I don't agree, and I don't remember who it was up here that
mentioned it, not... since this is a zoning issue that we're voting on right now, we
don't have any other zoning issues where a neighbor has the right to preempt that
zoning change, and so um ... I support what we're doing. I think the ... the
protections are in place for the neighbors, um ... like some people said, I don't
know that it's any worse than living next to a noisy dog and maybe a lot less, so
um, I am going to go ahead and support it.
Champion: Well, I'm going to support it also. Um, I did not support it when it first came in
because it was right after the flood and the Animal Shelter, uh, was totally closed
down and think it was fair to have chickens running around town with no place to
put them, uh ... but wasn't that I was never willing to listen to it, but I'm willing to
give it a chance. I have some stipulations about it, but I'm willing to ... to start
with the zoning.
Hayek: Um, I'm ... I'm willing to ... to try this experiment. I think that the, um ... the trend
is toward ... is in this direction. Um ... and, uh ... it ... it's being implemented around
the state, um, and you know I spoke to the Mayor of Cedar Rapids sometime ago,
after they adopted theirs, you know, a far more urban, larger community
and ... and he said that... that... it had unfolded with ... with minimal or no incident
and ... and that it was going well, um ... um, I'm ... so I'm supportive of the zoning
change and support ... I'll... anticipate supporting the, uh, Item 9, the ... the
adoption of the permit policy, but I do want a flag and we're not voting on this
tonight, but when it comes up, the ... the policy itself I have a problem with. Um,
it's a problem I've had from day one and it relates to this issue of ..of the rights
of neighbors. Um, I think if we're going ... the way it's set up is that if you ... uh,
make application to the City, uh, to ... to raise chickens that your neighbors have a
...a period of time within which to object, uh, and then the City staff determines
under the Police Department, Animal Control, uh, you know, whether the
objection is reasonable and ... and City staff makes the determination whether that
objection should... should carry the day. I don't think that's the right way to
approach this or at least I don't think it's the right way to start, uh, this ... this
process. Um, uh ... I think ... I think we should ... we're implementing something
new. We're introducing a ... uh, livestock, or an agricultural animal in ... into an
urban setting. I think we should do cautiously and conservatively, and I think, uh,
one way to do that, and a very important way in terms of the ... the input I'm
receiving from out in the community is ... is that, your neighbor should have
rights, uh, in... in this situation and by that I mean, if... if a neighbor objects
(coughing, unable to hear) this, uh, I ... I don't think a permit should... should
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issue. Um, I ... I also don't ... I don't know that it's wise to ... immediately the way
this is being set up, immediately, uh, turn to City staff to resolve this issue. I have
some concerns about ... about going that route, uh, too quickly. It puts a burden on
...on City staff, um, and ... and again, I think it ... it, uh, eviscerates the ... the rights
of neighbors. So, um, you know, I've got some questions about the specifics
on ... on the policy, which again we're not adopting tonight, but I do want to flag
that this evening, uh, in terms of the setback, etc., but by and large I'm
comfortable with it because I think it's gone through a very careful, deliberative
process between staff and ... and the advocacy group or groups, um, and so I'm
comfortable going that route, but on this one issue of neighborhood, or... or
neighbor rights, um, I want to flag now that although I'll support this item and
Item 9, that when we get to a vote, uh, in probably December, uh, if we can't get
some, uh, modification there I'm not sure I can support that.
Champion: I do agree with you. I would like ... to have neighbor support or permission,
whatever you want to call it. I ... I do think you're absolutely right about that.
Hayek: And we can ... that can be a starting point, and if after a period of time, there...
there are not issues and we feel like that approach is overly restrictive, um ... then
we can take that up again. But I think it's hard to undo; it's hard to unring the bell
and ... and I'd rather start from that position, see how this goes, and then take up a
change later.
Throgmorton: I'm ... I'm thinking about the iss ... the topic before us, which has to do with the
zoning, and uh, and I'm a little hesitant to ... to start discussing the particulars of
the policy, though I'm glad you flagged that as a concern. So with regard to the
particulars here on ... on this particular, uh, topic, uh, I just observed that we
would be amending the zoning code to permit people to put, uh, chicken coops,
etc., in RS -5, RS -8, and what is it, RS -12, Jeff? RS -12 zones ... for, uh ... uh,
single - family detached houses located in those zones. Uh, and that nobody's
required to do that. So it's not as if we're going to be flooded with urban
chickens in ... in all those zones. Some people will do it and we'll learn from that
experience, if we adopt this particular rezoning. So I support the rezoning and I
look forward to the other discussion.
Dickens: Well, I'm going to go the other way. I'm not really in favor of rezoning, uh,
basically when I was running for Council, this ... the chicken issue came up. I
appreciate all the time staff and ... and the Zoning Commission and the ICLUC
people have really put in a lot of time. I appreciate all your time. 95% of the
people that I've talked to when they come in, or I run into on a regular basis or
not in favor of urban chickens. Most of `em have experiences growing up with
chickens and I just have to go on my gut feeling with the number of people that
I've talked to that are not in favor of this. So I will not be in favor of this zoning.
Payne: I have to say that I agree with Terry. Urn ... I ... most ... the vast majority of the
people that I talk to are not for urban chickens. I do appreciate all the work that
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everybody's done. I think that what we have, Iowa City is a progressive
community and we did come up with something very ... that is progressive and
that could work. I just don't think it's right for our town.
Dobyns: Well I will support both, uh ... um, ordinances this evening. I think it is right for
this town. Um, I think this town has evolved. Um, as far as the future discussion,
um, Matt, I welcome, you know, the discussion because I am concerned that this
would be, um ... if we did that we would give veto power to neighbors to be able
to make, um, up or down decisions on what their neighbors would do in their
backyard, and I think that's an issue that I welcome the discussion on because I
would, you know, politely disagree with your evaluation.
Hayek: Okay. I'm, uh ... in terms of input, the ... the, I would say the majority of the input
I have received is ... is opposed to, um, to this measure. It could just be the circles
I walk (laughs) walk in but ... but I think this is something worth trying, uh, it's
interesting the City, uh, met with the Blue Zones committee, which is a public
health initiative, um, it's occurring statewide and I see the ... the link, the nexus
between this kind of thing and ... and the public health, uh, and community
organization, um, efforts of...of that movement. Um, which is why I'm willing to
look at this. So ... okay, any further discussion? First consideration please. First
consideration passes, uh, Payne ... 5 -2, Payne and Dobyns in the negative.
Mims: No. (several talking)
Hayek: Dickens! Why did I write down Dobyns? (laughter) Cause you politely
disagreed with me I guess! (laughter) Payne and Dickens in the negative. Item
6g, how we doing? Everybody okay. Want to power through, do we need to take
a break? (several responding) What do you want to do? (several talking) All
right, we're gonna move!
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ITEM 6g CONSIDER AN ORDINANCE REZONING 1.1 -ACRES OF LAND
LOCATED AT 2225 MORMON TREK BOULEVARD FROM INTENSIVE
COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2).
(REZ12- 00020) [Discussion only at formal meeting] (SECOND
CONSIDERATION)
Mims: Move second consideration.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion? Any ex parte to disclose
between the last reading and this? Any further discussion? Roll call, please.
Second consideration passes 7 -0.
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ITEM 6h CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF
ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA. (SUB12-
00011)
Mims: Move the resolution.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion? Uh, for the public's
information this will allow development of Rochester Ridge Part 3 which is a 13-
lot, uh, about 4.5 acre residential subdivision located at the south end of Teton
Circle, south of Rochester Avenue. Further discussion? Roll call, please. Item
passes 7 -0.
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ITEM 7. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 2538 NEVADA AVENUE.
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) This has to
do with a property that was declared a nuisance and acquired by the City, uh,
under the terms of the, uh, conveyance will go to Habitat for Humanity. Any
input from the audience? Okay, public hearing is closed. (bangs gavel)
2. CONSIDER A RESOLUTION
Throgmorton: Move the resolution.
Payne: Second.
Hayek: Moved by Throgmorton, seconded by Payne. Discussion? Roll call, please. Item
passes 7 -0.
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ITEM 8. CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 656
SOUTH LUCAS STREET.
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh ... by the
way this is a part of the UniverCity Neighborhood Partnership Program between
the City and the University. No one from the public, I will close the public
hearing. (bangs gavel).
2. CONSIDER A RESOLUTION
Champion: Move the resolution.
Dickens: Second.
Hayek: Moved by Champion, seconded by Dickens. Discussion? Roll call, please. Item
passes 7 -0.
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ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED
"POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL
CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN
CHICKENS. (FIRST CONSIDERATION)
Mims: Move first consideration.
Champion: Second.
Dobyns: Second.
Hayek: Moved by Mims, seconded by ... Dobyns. Discussion? If the public needs to
weigh in on this they certainly can. Hopefully we've exhausted that ... topic.
(unable to hear person away from mic) Absolutely. It's part of the Council
information but we can ... get you a copy. Okay. We'll do that, Don. Further
discussion? Roll call, please. First consideration passes 5 -2, Payne and Dickens
in the negative.
Karr: Motion to accept correspondence.
Champion: so moved.
Mims: Second.
Hayek: Moved by Champion, seconded by Mims. Discussion? All those in favor say
aye. Opposed say nay. Motion carries 7 -0.
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ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED
"POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL
CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND
PROPERTY," CHAPTER 5, ENTITLED "CITY PLAZA," AND
CHAPTER 9, ENTITLED "PARKS AND RECREATION
REGULATIONS," TO ALLOW DOGS IN CITY PLAZA, TO PROHIBIT
DOGS IN SIDEWALK CAFES, AND TO ALLOW DOGS TO BE OFF
LEASH IN ALL DOG PARKS. (FIRST CONSIDERATION)
Champion: Move first consideration.
Payne: Second.
Hayek: Moved by Champion, seconded by Payne. Discussion?
Dickens: They're on the loose anyway so ... usually on leashes though. Hasn't been really
well controlled so it's not being done. It might as well be allowed to have your
dogs. (laughter)
Throgmorton: I'm gonna support this but I want to express a concern. I ... I had the pleasure of
living in Montopia, France for about six months a few years ago, uh, and it ... I
don't know if anybody else has lived in that town, but it's really pretty
extraordinary in many ways. Uh, the worst way in which it's extraordinary is that
there are huge numbers of dogs, uh, that drop, uh, everywhere and so the streets
are just littered with dog droppings and the city, public works' people come
through and clean it up, like uh, four times a day with these spray cleaner kinds of
trucks. Uh, it ... it's easily the most distasteful aspect of being there, uh, in my
experience. So, I'm sure that's not going to happen on ... on the ped mall, but I
want somebody to tell us right now exactly how we're going to make sure the dog
droppings don't become a significant problem on the pedestrian mall. (several
talking)
Markus: Geoff worked on this. (several talking and laughing) I'll dump this on him
(laughter) but we do intend to have a clean -up stations available for people, and
other towns have done it very successfully. So...
Fruin: Yeah, a... a couple things I would say is, um, number one, as Tom mentioned we
are looking at appropriate locations for clean-up stations and we're looking at
working with, uh, property owners in the district where most of these ... dog
owners will be coming from. So for instance, Plaza Towers with the hotels that
are now pet - friendly. We're hoping that we can specifically target those people
by putting some of those stations, either inside or at, uh, the exit - entryways to
their buildings. And ... and, uh, the property owners there have agreed to help
educate, um, their guests or the, um, the owners of those condos or tenants in
those apartments on the appropriate policies there. So that's number one, we need
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to get the word out on what is acceptable and what's not, and then like anything
else there's enforcement and u, that's a tough thing because you can't have people
down there, um, at all times looking around, but one of the more positive, um,
things that we see in that area is, uh, the establishment of the walking beat down
there. If you recall from a few months ago, you approved a new position for the
Police Department that'll have a, um, a presence down there, uh, 40 hours a week.
That's in addition to the other officers that are there, uh, periodically based on...
on needs, and so having that presence down there will help. We'll educate our
staff from our Parks and Rec, uh, Department, as well as our Transportation
Department, uh, that are down there on a regular basis on ... on those issues too
and they'll be prepared to interact with the public and help address those issues,
but certainly that's the number one concern is cleanliness and we're not going to,
um, let it get to a point where it becomes a nuisance. If...frankly if it gets to that
point, we'll probably be back here, um, in front of you looking to ... to make some
changes, but this is a ... an experiment for lack of a better term that we think will
work, and uh, it's going to take some attention from, and some responsibilities on
all parties. We're confident we can make it work but at the end of the day
cleanliness is the most important thing so ... we'll revisit it if we have to.
Hayek: You know, I think it's relevant that the Downtown District has pushed this, um,
and ... and you know, they ... they obviously have a ... a constituency that's
concerned about cleanliness. In fact it's one of the things that they're taking up
as ... as ... as part of their agenda for ... for improvement of the downtown central
business district area. Um, but they think this makes sense. Um, and... and they
have a vested interest in maintaining a ... an inviting downtown. So it...it seems to
me to be a fairly uncontroversial, uh, and some ... thing for us to try.
Throgmorton: (both talking) I'm sorry, go ahead.
Mims: I mean, I think it's worked in lots of other places. Um, my daughter just moved
back from L.A. and one of the things she talked about was how dog - friendly that
area is, I mean, they take their dogs to outside cafes (laughter) I mean, people take
their dogs everywhere with them out there and it's just very accepted and it's just
culture. People clean up after them, uh, I found it very interesting, one of the
areas, um, that was mentioned in the support material was Church Street in
Burlington, Vermont, which is about 12 miles from my hometown, and it is a six
or eight -block long, uh, used to be a regular traffic street but it's all bricked in
now. It's all pedestrian, and you go down there in the summer time and there's all
kinds of people with dogs and it's very clean. There's not a problem, um ... you
know, people make sure to take their dogs other places to relieve themselves and
clean it up, or I'm sure if there's an accident there they ... they get it cleaned up,
but I've never ... never seen a problem at all. So I think hopefully with good,
responsible pet owners, um, it'll work very well.
Hayek: You know we have a built -in deterrent against problems, I think, as we add
residential downtown. Um, that, uh, demographic or constituency will be
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increasingly outspoken. The more people who are downtown, the more people
you've got watching the ped mall and ... and expecting things like cleanliness and,
uh, safety and ... these other, uh, amenities, um, and ... and this is in .... in no small
part a response to that addition of residential, and I think that's an important
counterbalance or check -n- balance, I think, as we go forward.
Champion: Well I certainly think it's worth a try! Um, my sister has a dog. She takes that
dog everywhere. She lives in ... that dog goes everywhere, including into grocery
stores in Iowa City and restaurants! So, I think we're all really uptight about this
and hopefully most pet owners are really responsible. I know they are in my
neighborhood. Nobody would not think of cleaning up after their dog, and I think
that's where the emphasis has to come from and I think because more people will
be in the ped mall, if somebody's dog has an accident, they're going to make sure
you clean it up! I mean, it's just the way we are. My sister will make sure
(mumbled) put her down there! (laughter)
Hayek: Further discussion?
Throgmorton: If I mention one other thing having to do with, uh, the little bit of time I spent in
Montopia and that is, um, and this I think is a cultural thing but it's worth
mentioning as a `heads up,' you know? Um, one of the other things I witnessed
there was a... a fairly large number of young homeless men who had dogs with
`em, and they were usually fairly large dogs, and ... and they would hang out
together. And occasionally the dogs would get in fights ... with one another. I
don't think it's going to happen here, you know, and I'm not trying to warn us
that it is going to happen, and I'm going to vote for this, but ... but it ... it's a fact
that I observed in ... in that city that, uh, has affected how I think about all this.
Hayek: Well, your ... your caution is well taken! See how it goes! Roll call, please. First
consideration passes 7 -0.
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ITEM 14. CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY
ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, LOCAL
#610, TO BE EFFECTIVE JULY 1, 2013 THROUGH JUNE 30, 2016.
Payne: Move resolution.
Dickens: Second.
Hayek: Moved by Payne, seconded by Dickens. Discussion? Thanks to, uh, the work of
staff in negotiating and put ... putting this together. I think it's a fair agreement.
Any further discussion? Roll call, please. Resolution passes 7 -0.
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ITEM 15. CONSIDER A RESOLUTION DIRECTING SALE OF $2,700,000
TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D.
Champion: Move the resolution.
Payne: Second.
Hayek: Moved by Champion, seconded by Payne. Discussion?
Mims: Only that we've got items 15, 16, and 17, and Kevin, can you kind of walk us
through what's... particularly the differences between 15 and 17?
O'Malley: Uh, yes, 15 is directing the sale. Today we had a sale at 10:00. We got four bids,
uh, very good bids, cause this bond, or this TIF Revenue Bond is the first one
we've ever done. Uh, they're not very common in Iowa and uh, so we didn't get
a great rating, but we got a pretty good rate. Uh, the urn ... the problem I had
today was ... at ten to 6:00 my Financial Advisor called me back and said we had a
... another $55,000 saving... savings. So I had to redo some of the pa...
paperwork, and that's what I'm passing around (laughter) um... so instead of 2.7
it's 2.655 million. Uh, we saved another... instead of 3.31 %, uh, true interest
costs it was 3.30. The spread, by the way, was about 45 basis points, 3.781 think
was the high ... the high bid. This ... this is mostly the sale that occurred. It's all
done online. We did get a faxed bid today which is first time we got one of those
in a long time. Um, I guessed about a year ago that it would be 3.25 so pretty
lucky, 3.3, 3.25. So none of our numbers will have to change as far as, uh, any
development agreements. The other items on the agenda are ... items required by
the SCC as far as the disclosure certificate and uh, by the bond attorney for him to
...for the firm to put their opinion on, uh, is required. Continuing disclosure and
then... the... the last item is a ... is a large resolution that talks about our covenants
that we're making with the bondholders. We've got great coverage for the cred
...this credit. We've got, uh, a bond reserve, one -year int ... interest, and
(mumbled) just in case the area doesn't produce the, uh, the revenues we expect
and uh, we have a clause in there that says that we won't issue subsequent bonds
without having a list ... at least two times the ratio, which means that revenue from
the district has to be twice of what the bond payment would be. So, it's a very
good credit, uh, the bidders were people that bid on our bonds that know us, and
uh, the Northland Securities, actually the financial advisor talked to him today and
there's... this... this bid, this bond ... the Moody's rated based on a California
methodology and unfortunately, that's hurt us a little bit. Several cities in
California, their ... their, uh, valuations dropped in half in 2008 and 2009, so these
TIF Revenue Bonds kind of nationwide have bad, uh, bad feeling about `em, uh,
because they're not backed by anything but the TIF revenues. So he actually
talked to this guy in Northland and told him that this is a completely different
credit. We've got, uh, over $125 million sitting there in... in this, uh, district and
we're going to make an amendment which would add another, uh, couple of...
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maybe another $100,000,000 to pay, so ... uh, he came with a real nice bid at the
last minute. So...
Mims: Thank you!
O'Malley: That's about as much history I can tell you about (both talking)
Markus: So, Kevin, tell us what the rating was for this particular (both talking)
O'Malley: Oh, this is an A3, which is one rating above BAA and uh...
Markus: Which is the ... the only one a financial institution could invest in is the last (both
talking)
O'Malley: Correct. No ... no banks can... every... all financial institutions have to have A
rated securities or better. Um, so this is a... so that's why I was kind of
disappointed with the rating, but I'm very good about the results. Very happy
with the results!
Hayek: And to put this in context, these are the revenue bonds related to the ... the urban
renewal project on the ped mall, the Central Park LLC, um, mixed -use high -rise.
O'Malley: Right.
Markus: So this rating would have usually yielded a very different interest rate.
O'Malley: Yes, yes. We probably would have gotten somewhere around 2.5. This is still a
taxable... would have been a taxable issue but uh ... I believe it would ... it'd
probably come in on a, uh ... and the other problem is the 20 -year terms. So that
adds a little bit. So ... I was thinking back before that 2.5 might have been a nice
number but when we turn the revenue bonds (both talking)
Markus: I guess what I was saying though is ... is the bidders knew our underlying credit.
O'Malley: Correct!
Markus: ...probably gave us better credit.
O'Malley: Yes. Three of the four (both talking) three of the four bidders know ... knew us.
They've bid on our bonds all the time. Raymond James, Hutchinson out of
Chicago, uh, the only new one was Davidson out of, uh, I think it was Denver.
Mims: Denver.
O'Malley: So ... but Hutchinson has bid on our bonds before, and Raymond James, they
know us pretty well.
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Hayek: So bottom line, you're pleased!
O'Malley: yes, very pleased for this. I was concerned about this, uh, issue from the get -go.
Uh, the Moody's had some tough questions. They didn't ... I didn't like the idea
of this California methodology. I had to go for an "indication rating" which is
different than a normal rating. So uh, the credit analysts had to kick it to
somebody in New York and uh, kick the rating up, so ... it was, uh ... kind of
interesting.
Dickens: Are you teaching all this information to somebody else (laughter)
O'Malley: I'm sure there's other people who have this kind of information! Thank you
though, Terry!
Hayek: yeah, the low -grade panic up here is (several talking and laughing) this kind of
advice is ... (several talking)
Markus: Actually the next one should probably do better because the district it ... itself will
be larger...
O'Malley: Right.
Markus: ...and that was one of the issues they evaluated when they made the
determination on this particular issue.
O'Malley: Tom's correct (both talking)
Markus: ...and just by expanding it (both talking)
O'Malley: ...had a limit if you don't have 100 acres, then you get penalized. Well we got
96.4 in the current, uh, footprint, and when you make the amendment, we'll have
over 400 acres. So...
Hayek: All right. Thanks, Kevin.
O'Malley: Any other questions?
Hayek: Any further discussion on Item 15? Roll call, please. Item passes 7 -0.
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ITEM 19. COUNCIL APPOINTMENTS.
Hayek: Um, we still have vacancies on the Board of Adjustment, uh, one vacancy there.
One vacancy on the Public Art Advisory Committee, um, but we were able to, uh,
appoint people to three of our commissions. We tentatively, uh, at our ... at our
meeting earlier tonight tentatively agreed to appoint, uh, Andrea French to the
Board of Appeals, uh, Harry Olmstead, Joe Coulter, and Katy Anthony to the
Human Rights Commission; and Charles Felling and Ka ... Kathy Mitchell to the
Senior Center Commission. Is there a motion?
Mims: So moved.
Dickens: Second.
Hayek: Uh, moved by Mims, seconded by Dickens. Discussion? All those in favor say
aye. Opposed say nay. Motion carries 7 -0.
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ITEM 21. CITY COUNCIL INFORMATION.
Hayek: Why don't we start down on your end, Jim.
Throgmorton: Me? (laughter) Well, thanks. I ... I thought maybe somebody else would have a
chance to mention this but uh, the Ad Hoc Committee on Diversity is going to
hold a public information gathering session on Thursday, November 15, two days
from now, from 6:00 to 8:00 P.M. in Room A of the Public Library. I'd
encourage anybody interested in, uh, issues having to do with transportation or,
uh ... um, law enforcement in relation to minorities to attend and let people know,
uh, what they think. Uh, I guess only ... the only thing I'd like to mention is that,
you know, I've been holding information... my own information gathering
sessions, you know, listening posts, uh, over the past many months. I'm going to
do another one ... this coming Thursday morning from 8:00 to 10:00 A.M., uh, at
the Brueggel's Bagel Shop on South Riverside. So if anybody in the public, uh,
has ... wants to discuss City issues with me, come on down!
Hayek: Thanks, Jim,
Champion: I'm going to do my usual fall thing because I really hate standard time. I only
really like daylight savings time, but I just want to urge people on bicycles to
please get lights on your bikes and reflectors. I drive down arterial streets to get
home and people tend to wear dark clothing when the weather gets cold and I
can't tell you how many times there are bicycles, no reflectors, and no lights!
Please get some lights on your bike! (several responding)
Mims: The only thing, uh ... I would just mention we've added new, uh, sharrows — that's
what they're called — on Gilbert Street and stuff. I think it's really important, um,
that we make sure we do some education in terms of what those mean. Um,
whether that is truly a bike lane or not, and what that means in terms of the
bicyclists and the motor vehicle drivers responsibilities and rights. Um, because
my understanding is that's not a bike lane and they should not be pa ... bicyclists
should not be passing on the right, because it's not a bike lane. Um, but that is
frequently happening in places and um, can be a very, very dangerous situation,
and I think because we ... I just don't think people understand the difference of a
true bike lane versus where we have put the bicycle sharrows on the street to kind
of say, hey, share the road and, um, I think people need to really understand the
difference.
Hayek: that's a good point!
Dickens: Just want to wish my wife happy birthday tomorrow, on a lighter note! (laughter)
She's much younger than I am.
Champion: Obviously! (laughter)
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Throgmorton: We wish her a happy birthday too?
Dickens: Sure!
Throgmorton: All right — Happy Birthday!
Payne: I don't have anything this evening.
Dobyns: Well I know with the weather turning colder, I sleep better at night knowing that
our trees in downtown Iowa City are warm and loved, um, if anyone hasn't had a
chance to go downtown to take a look at the tree sweaters, I think it's a wonderful
community involvement and they're just awesome!
Dickens: Tree huggers.
Dobyns: Tree huggers. The kind we all love! (laughter)
Hayek: Thank you, Good Doctor! (laughter)
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ITEM 22. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
Markus: Uh, we received $150,000 grant for the Burlington Street dam project. I think it's
the Great Places, uh... grant program.
Throgmorton: Bravo!
Markus: Which will, uh, assist with this white rod ... white water rapids kind of proposal
for that. (several commenting) (mumbled) So it'll go a long way to help
(mumbled)
Throgmorton: Matt, could I spin off that just for a second?
Hayek: Sure.
Throgmorton: I ... I learned, I don't know, by word of mouth or something that, uh, we also
received a ... an Iowa American Planning Association award for ... um, oh, I (both
talking)
Markus: Yeah, UniverCity Program.
Throgmorton: For the UniverCity Program.
Markus: That's correct.
Throgmorton: And their best practices, uh, category. So that's a really good thing!
Dobyns: So, Tom, that project is one that includes, um, white water rapids, such as they in
the Iowa River? As a possibility?
Markus: As a possibility, believe it or not. Yes.
Dobyns: Okay, all right. You and me, Jim, down the river (several talking and laughing)
Markus: It's a $300,000 study so we have a little ways to go in picking up the remaining
funds but we're working with the University and we think that there's a
possibility for a 50150, uh, approach with them. So...
Mims: The study itself is $300?
Markus: It's a pretty sophisticated analysis and study to make this all work.
Fruin: We previously got a $60,000 grant too so we're a little over $200 right now.
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Hayek: As you know, Tom, I have an ancestor who went over that dam, uh, in the late
19th century voluntarily, um ... but I'll just leave that to the family legacy and look
forward to the professional analysis of the white water possibilities that (laughter)
section of the river...
Dobyns: Was he a Sim... Shimek Shark too?
Hayek: No! (laughter)
Champion: It was a squirrel! (laughter)
Hayek: I don't think he'd been to much, uh, school before he did that. (laughter)
Dumb... dumb move. Geoffrey?
Fruin: Nothing.
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