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ITEM 2. STUDENT CITIZENSHIP AWARDS — Lucas Elementary
Hayek: Would the students from Lucas Elementary please come forward! How you guys
doin' tonight? Good! Well I want to welcome you. Um, my name's Matt Hayek.
I'm the Mayor of Iowa City, and this is your City Council behind you.
(mumbled) uh, student council at, uh, at school? Well this is kind of like the
student council, but ... but for the whole community and I want to welcome you.
Um, what we ... what we do during the school year is, uh, bring student leaders
from each of the elementary schools in Iowa City down to the City Council, uh, to
hear a little about you and to ... to read an award we have for you, and it's a great
opportunity for us to get to know you guys a little bit and for the whole
community to ... to learn more about the ... the great students in our ... in our school
district. So, I think, uh, or I hope you've, uh ... uh, kind of been told how we...
how we do it here. What I'll do is just hand the mic, uh, to you and if each one of
you would tell us just a little bit about yourselves and I'll read the ... read the
award and, uh, get you back home doing your homework, which I'm sure you're
here for. So, we'll start with you!
Ha To: Hi, my name is Nhan Ha To and ... (mumbled)
Hayek: Do you want to tell us (both talking)
Karr: Do you have something to read, Nhan?
Hayek: Yeah, that'd be great! If you brought... there's the piece of paper! (laughter)
Ha To: (mumbled) I am very honored to be receiving this award, and uh, I would like to
thank you for this. Being a citizen is very important to me. I make sure I do my
homework as soon as I get home and I always work hard in getting my
assignments done on time. I ... am ... urn, I .... I am nice to everyone, I respect
them. In my school I have something called safety patrol. Safety patrol is a
group of sixth graders from each sixth grade class who help student cross the
street. When it's my turn, I make sure I look both ... both ways before letting
students cross the street. I make sure I always follow the rules because being a
citizen is very important to me. I would like to thank you again for this award.
Hayek: Thank you very much! Nice job! (applause)
Hanrahan: Hi, my name is Cade Hanrahan. I think I won this award because I have a lot of
friends and I try to be nice to everyone. I don't just have friends at Lucas. I play
three sports so I have friends from other schools. In those sports, I try to learn ... I
try to be a team player and help out my team. I think I've learned a lot from the
sports, like being responsible, being safe, and helping others. At school I
(mumbled) the same thing. I show this by turning my homework in on time. I
work well independently and ... and work well with my classmates. Thank you.
(applause)
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Goodvin: Hello, my name is Kate Goodvin and I am a sixth grader at Lucas Elementary
School and I am honored to be receiving this amazing award. I'd first like to start
off by thanking my teacher, Miss Dostil, for pushing me to do my best and I'd
also like to thank of course my parents for helping me with everything, but most
of all I'd like to thank my friends, my peers at school, for voting for me to win
this great, amazing Student Citizen Award. I think ... I think if you are nice,
understanding, charismatic you will achieve everything you want and more.
Thank you. (applause)
Hayek: Well you guys are clearly very busy at school, uh, and... and that's a great thing.
You know, I did safety patrol when I was in sixth grade, and uh, I remember that
very well. We got little ice cream sandwiches at the end of every week (laughter)
I don't know if they do that anymore! (laughter) But, uh, it ... it's great, you
know, and as I said before, you know, the reason we do this is we want to
recognize you guys and your parents and your teachers and everybody else who
plays a role in your... your lives for what you do, because you set a really good
example at school, and uh, it's something that the ... the students at Lucas can see,
and it's something that ... that, uh, the people in the community can see, and ... and
that's important, and that's why we bring you down here, uh, to ... to recognize
you. And so we've got this award and it's called the Citizenship Award. Because
you may only be in fifth or sixth grade, but you are citizens of the community,
just like the rest of us. And so the award reads as follows: for his or her
outstanding qualities of leadership within Lucas Elementary, as well as the
community, and for his or her sense of responsibility and helpfulness to others,
we recognize you as an Outstanding Student Citizen. Your community is proud
of you. Presented by the Iowa City City Council, April, 2013. Nhan, here's
yours, and Cade, Kate, and I want to congratulate you and shake your hands, and
you're welcome to stick around our meeting, if you'd like (applause and laughter)
Congratulations! (several talking and laughing)
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ITEM 3. PROCLAMATIONS
ITEM 3a Barbershop Harmony Week — April 7 -13
Throgmorton: Should we harmonize? (laughs)
Hayek: Yeah, exactly! You don't want me singin', let me tell you! (laughter) (reads
proclamation)
Karr: Here representing the Barbershop Harmony Society is David Keeley. (applause)
Hayek: Congratulations!
Keeley: Thank you very much.
Hayek: Thanks a lot!
Dobyns: Can you do this all by yourself? Just a (laughter)
Keeley: (away from mic) I can't sing all four parts (mumbled) (laughter) Thank you very
much!
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ITEM 3. PROCLAMATIONS
ITEM 3b Bill Sackter Day — April 13
Hayek: (reads proclamation)
Karr: Here to accept the proclamation is Gretchen Gentsch. (applause)
Gentsch: Hello, my name is Gretchen Gentsch, and I'm the manager at the Vintage Shop.
We are a small antique and gift shop on F Street. We assist people with
disabilities and gaining business experience. We are part of the Uptown Bill
projects. I would like to thank the Council for this proclamation. It means a lot to
me that Bill's memory is being kept alive. With the help of his good friend Tom
Wahls, Bill Sackter opened many doors for people with disabilities, and his story
opened the eyes and hearts of people throughout Iowa City and the nation. Bill
showed us how much people with disabilities contribute to our society. I have
benefitted from the doors he opened. Thank you Bill Sackter!
Hayek: Thank you! (applause)
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ITEM 3. PROCLAMATIONS
ITEM 3c Days of Remembrance — April 7 -14
Hayek: (reads proclamation)
Karr: Here to accept the proclamation is Human Rights Commissioner Katy Anthony.
(applause)
Hayek: Thanks, Katy! Thank you for coming!
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ITEM 3. PROCLAMATIONS
ITEM 3d National Service Recognition Day — April 9
Hayek: Okay, two left here! (reads proclamation)
Karr: Here to accept the proclamation is Susan Wehr, Executive Director of Elder
Services, and Jean Kuehl, Assistant Director of the Sixth Judicial District
Department of Correctional Services. (applause)
Kuehl: Just a few quick words. Um, our program has 54 members and Linn and Johnson
County primarily. We have two in Tama County. Um, I just want to thank you
for your support. I think we're doing great things on the front end working with
kids, occupying their out -of- school time, and after school, and summertime
activities. They're going to school more. When they're at school they have fewer
behavior problems, and they're improving self - confidence. That's a factor
tremendously associated with success for kids. On the back end, we're working
with adults who are also in need of mentoring and supports. Um, a lot of `em are
offenders within my system. Um, and we're doing a lot of the same things. They
didn't get the supports when they're young, and so we're reaching out to really try
to connect them with jobs so they do things like, um, pay their taxes, support their
families like you and I do. That's, um, when that gets achieved, then we have
safer communities. So this is a ... a significant step in the right direction and I
appreciate your support. I'm going to tell you two real quick stories. One of the
things we do, uh, some of you may know Mike Quinlin. So part of what we tell
offenders is when you hurt communities through your actions, you have a
responsibility to pay back, and part of how they do that is ... is through service
projects. Um, one of the offenders, um, I'm proud to say this last year, um, I'm
not going to identify the... the... the City festival, but they have a volunteer of the
year award and one of our former offenders got it, and he got it because he was
introduced through ... to service through community service, um, projects with
AmeriCorps members leading those projects. And then the final thing I want to
say is, I believe some of our members will be up sitting in those seats in the
future. They're fabulous people. They're getting a great, um, overview of service
and problems within communities, and the interconnected relationship of
problems. Um, I'm just so proud of `em. Some of `em might even be sitting in
this room! So thank you for your support!
Hayek: Thank you, and ... and actually ... oh, go ahead!
Wehr: Oh! I'm Susan Wehr. I just have a few comments. I'm with Elder Services and
on behalf of the retired senior volunteer program at Elder Services, we want to
thank you for this honor. Our RSVP volunteers are age 55 and over, and last year
we had 529 volunteers provide 38,360 hours of service. This equates to $673,218
of volunteer time, that volunteers are making a difference. We have 130 rockin'
readers that tutor and mentor over 120 teachers, and 450 students with reading,
writing, and public speaking. We have six Meals -on- Wheels drivers deliver
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meals to over 200 homebound individuals each day. And, we also assist food
banks, mediate small claims, service volunteer patients, and give classes on
identity and fraud, and nutrition. So, thank you so much! (applause)
Hayek: Well, and... and case in point, uh, today out at the water park, uh, a group of
volunteers from AmeriCorps and Hope House partnered as they have for several
years now to, uh, trim out the volunteer trees, uh, that, uh, sprang up, uh, after the
floods of 08 and have impacted the, uh, the natural setting out there and ... and...
and the prairie grass, um, and they were out there. We visited with them today,
uh, volunteering, improving our water park, which is good for the public. It's
good for our water system, um, and .... and that .... and this happens all the time,
and whether it's Summer of the Arts and... and some of the festivals we have,
there's volunteer labor behind that, often coordinated by these groups, and so we
get a ... we get a lot, the community gets a lot from ... from that effort, so...
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ITEM 3. PROCLAMATIONS
ITEM 3e Strive for Success Day — April 20
Hayek: Last one, uh, regard... regards Strive for Success Day. (reads proclamation)
Karr: Here to accept the proclamation is Caleb Thomas. (applause)
Hayek: Thanks for coming down! Appreciate your work!
Thomas: Have a few words. On behalf of the students and staff of Strive for Success, we
humbly accept this proclamation. We want to thank the Mayor and the City
Council Members for recognizing our organization as a pillar of this community.
The mission of Strive for Success is to help at -risk youth achieve academic,
personal, and social success. We are a community -based organization; however,
we are ineffective without the support of our community. Therefore, we continue
to encourage the community to ... come together to help our organization be
successful. We are a non - profit, so we continue to, um ... raise funds by
fundraising and applying for grants. We are grateful to have a fundraiser coming
up Saturday, April 20ffi, from 7:00 to 9:00 at the University of Iowa Athletic Club,
and our keynote speaker will be Mr. Tim Dwight, a former Hawkeye player, an
NFL player, also alumni of the University of Iowa. We are, um, inviting out the
whole community to come and purchase tickets to help support the students who
are currently enrolled in the program, and to encourage them to continue to strive
for success, and also to continue to make the program better. Um, we are looking
for transportation, we're looking for more licensed teachers to come in, and to
teach our academic curriculum of reading and math to help these students to
achieve that academic proficiency. Um, tickets may be purchased at
StriveforSuccessic.org or by calling 319 - 321 -0381. Once again, I want to thank
the Mayor and the City Council of this great city of Iowa City for ... honoring our
organization, Strive for Success. Thank you! Have a good evening!
Champion: Can I ask you a question?
Thomas: Yes, ma'am!
Champion: Um ... why do you wait till third grade? What ... what made you decide to start at
third grade, and not earlier?
Thomas: Um ... third grade is ... really the key foundation where, um, students begin, um,
especially with taking, uh, the standardized test scores and...
Champion: Oh, I see.
Thomas: ... and um... State standards begin looking at that area, so we wanted to start right
there. It's key ... uh, functionary, uh, around the third grade area to get them
prepared. It's a great question!
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Champion: Thank you!
Thomas: Thank you!
Champion: Good job.
Hayek: Thanks for coming down!
Thomas: Thank you. (applause)
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ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
Dobyns: (several talking) I would recommend that we, uh, consider Item 4d(14)
separately.
Champion: Second.
Hayek: Okay, there's a motion to remove 4d(14) for separate consideration.
Throgmorton: Second.
Hayek: Okay, um ... moved by Dobyns, seconded by Throgmorton. Discussion? Those in
favor ... we don't have to do that, do we? (several talking) Overly, uh, formal on
this one. Let's just remove it (laughter)
Dobyns: Remove it! Yeah.
Hayek: And, uh, so the motion is to pass it by removing 4d(14) uh, is there further
discussion?
Throgmorton: I ... I'd like to mention something. You remember we decided to put, uh, the
setting of public hearings into the ... the Consent Calendar. So I'd just like to note
that we're setting three public hearings concerning pro ... the rezoning of property
at three significant locations. Uh, one has to do with, uh, east of Scott Boulevard
and north of Lower Muscatine and American Legion Roads. The second has to
do with the southeast corner of Broadway Street and Highway 6, and the third has
to do with the Hawkeye Court area off of Mormon Trek Road.
Hayek: Thanks, Jim. Further discussion? Roll call, please. Uh, item 4 passes 7 -0. We'll
now take up Item 4d(14)
Payne: And I'm going to recuse myself from that item. Thank you.
Hayek: Sounds good.
Mims: Move approval.
Dickens: Second.
Hayek: Moved by Mims, seconded by Dickens. Discussion? Roll call, please. Item
passes 6 -0, Payne recusing.
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ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA)
Hayek: Okay! That brings us to Item 5, which is Community Comment. This is the
opportunity at each City Council meeting for members of the public to address the
City Council on items that are not on the agenda. So if there's something that's
not on tonight's agenda that you would like to bring to our attention, we invite
you to step forward, and we ask that you sign in and also verbally give us your
name and to limit your comments to five minutes please.
Vega: (mumbled and several responding) Hello, my name is Elsie Gauley Vega. I live
in downt... (noise on mic) I live in downtown Iowa City, uh... in Ecumenical
Towers next to the Senior Center, and I speak to you not as a member of Trinity,
but as someone who has been able to worship in that beautiful, historic... building.
My hope is that when the zoning people and you here on the Council decide what
to do with the corner of College and Gilbert that you have a respect for a building
which has been a worship center for a number of people in Iowa City, and the
area, which has also been home (clears throat) Excuse me. Also been home to
countless non - profit groups, which are able to meet in that building, because the
congregation has decided they serve themselves as a place to worship, and they
serve the community as a place for people to gather. My hope is that nothing
taller than the surrounding buildings will be ever built on that particular corner.
It's an insult to what we have going in Iowa City. The Trinity Episcopal Church
people have recently put in a lot of work to make their building `green' since we
all know there's an energy crisis in the whole world. To put a shadow over that
building would be a moral shame. It seems to me that we can do better for our
own self - respect to never let that building be overshadowed. They recently redid
their whole basement with showers, I believe, so they could not only let people
sleep there, but youth groups from around, uh, the State could come, stay here for
workshops, and worshiping together, in a beautiful university town and have a
place to sleep and shower. That congregation has done a lot of work to be of
service to the whole community. We would be doing a terrible wrong to let
anything overshadow them. They have been in the community for I don't know
how many years. We must respect the fact that they are a stabilizing influence,
not just for their own members, but for many, many people in the community. I
would hope that, uh, when you people rezone anything at all you would take into
account the surrounding neighbors that are already there. Secondly, I have a great
difficulty understanding why TIF or tax money should be used to uphold, support
real estate people who in my opinion ought to be going to a bank if they haven't
got enough money themselves. A corporation that wants to build a building
surely has a lot of money in my observation. And whether we are property
owners or renters, we are directly or indirectly paying property taxes. I don't
think I want to see my tax money or anybody else's property tax money going to
people who could borrow it from a bank, and if the bank won't loan it, they
shouldn't have it. What have we come to in America? Corporate socialism?
Please don't use tax money for that kind of thing. And please don't rezone it to
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people that would overshadow a beautiful, historic community- responsible place.
Thank you very much.
Hayek: Thank you for your comments. (applause)
Gravitt: Good evening. My name is Mary Gravitt. And I want to correct something you
said in, uh, Item 3. You left some people out. You left out what ... what they call
the "Rhineland Bastards." Those were the children whose father was part of the
French army from World War I and Hitler got them first, and it was the one
survivor that made it to Chicago. His name was Hans Massaquoi. And he wrote
a book called "Destined to Witness." It's in our public library right now. So,
black people have always been a part of world history, but somehow we always
get left out. And the second thing I want to take up is that, uh, Terrence Neuzil. I
hope I'm pronouncing his name correctly. He came to see us at the ... at the
Senior Center on the second of April, and he said that the County had offered
$200,000 and that the City of Iowa City wants to put in $54,000. Now this is
what we were told, and I'm ... and ... and I've been getting email. People are
desperate. They want to know about SEATS because people who really and truly
need SEATS cannot wait on the corner for an Iowa City bus that has its own
schedule, and another thing, people been complaining to me about the mall bus
and the mud that's on Lower Muscatine. I haven't been taking the mall bus
myself because the snow, but that's the latest complaint. And finally, I want the
term "workforce housing" stripped out of the City's vocabulary. Now when you
say workforce housing, workforce is an office. They changed the name of the
unemployment office to `workforce' to make people feel better. Like you don't
know you're unemployed! And then, the term "workforce housing" has a
connotation that goes back to slavery. The last time you had workforce housing
in the Midwest was building slave cabins along the Mississippi, and then later
...later on, it came down to 19th century when companies like Stetson and ... and
some of the coal miners. They built housing for their immigrant employees.
That's workforce housing. This thing that's coming up now, work... it's... it's
class, it's part of class war fare. You have affordable housing. You don't have
any workforce housing, cause we don't have slave ... well, guess we do at some of
the wages that the people are paid. You know? But the idea, when I first saw it, I
be ... I brought it up at Zoning. You don't have this insult to working people. Pay
a decent wage and you won't have to have workforce housing. Thank you very
much.
Hayek: Thank you, Miss Gravitt!
Holderness: Oh, let's see! My name is Rick Holderness. I grew up in this town. I was born at
Mercy Hospital. 1972, my mom had a house a block from the Rec Center and a
City official and some realtors told her that she had to sell it for $11,000. If she
didn't, they'd condemn it and throw her and eight children and two grandchildren
out into the street in the middle of winter. Um... so my mother sold the house for
$11,000 and about two weeks later, all land in Iowa City tripled in value, not
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doubled, tripled. So ... your City people assisted the realtors in convincing my
mom to sell her house. Jesus Christ was tried, convicted, and executed by a court
of law. I went to prison for a while and ... I see myself as being innocent, and God
seen me as being innocent. I was convicted on 9/112001, right when the plane...
first plane hit. I agreed to the court's decision... unjustly.
Hayek: Thank you for your comments. Would anyone else like to address the Council?
Honohan: Mr. Mayor, Members of the Council, Jay Honohan, 1510 Somerset Lane. That's
for the record. I'm here ... again I haven't badgered you people about the Senior
Center for a while, so I thought I'd come down and talk to you about it today. It
was unplanned, but one of the things I was going to stress goes along with one of
your proclamations. I was going to stress the fact that at the Senior Center, we
have several volunteer groups that help seniors. For instance, we've had four or
five people throughout the tax season doing tax returns for seniors, and some not
seniors. We also have a set of dedicated workers that counsel seniors about
insurance programs, long -term care, uh, plan D Medicare, all those kind of things.
We also have counseling services at the Senior Center ... for seniors who have
some kind of concerns that they can be helped by counselors. Finally, we even
have volunteer lawyers! I'm a volunteer lawyer, and every Wednesday there is a
volunteer lawyer that helps seniors with all kinds of problems. And I think this is
a very important part of the Senior Center that a lot of people don't realize. They
think, well, we have classes. Obviously we have classes. We have dances. We
have the New Horizon Band, the Voices of Experience, but I think it's important
to stress and along with what Elder Services says, don't hold me to the exact
number, but I think we average about 40,000 hours of volunteer work at the
Senior Center a year. It's a very exciting place. It's in downtown Iowa City, and
1,600 -plus seniors enjoy it regularly. And I want to thank the Council on behalf
of the Commission for your support over the years and hope that you will
continue to do so. And also I like your support of SEATS. Thank you!
Hayek: Thanks, Jay. Anyone else before I move on? Okay! We'll move on to Item 6,
Planning and Zoning Matters.
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ITEM 6. PLANNING AND ZONING MATTERS
ITEM 6a CRISIS CENTER REZONING - REZONING 0.78 ACRES OF
LAND LOCATED AT 1105 GILBERT COURT FROM PUBLIC (P -1) TO
INTENSIVE COMMERCIAL (CI -1) (REZ13- 00006) [Discussion only at
formal meeting]
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh, does
anyone have any ex parte communications to disclose ... to date? (several
responding) Okay. Jeff!
Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson,
the Director of Planning for the City. Uh, Item 6a before you is a request from
the Crisis Center of Johnson County. They have requested, uh, rezoning from P1,
Public, to CI -1, Commercial Intensive, to allow for a pri ... uh, a private human
service office to be established at the property located at 1105 Gilbert Court, and
you see the, uh, location here, uh, the exact building is right here ... was formerly,
uh, occupied by Johnson County, uh, Human Services. Urn ... the Crisis Center
does wish to, uh, they are currently located next door, and wish to purchase this
property, and in conjunction with Domestic Violence Intervention Program, Iowa
City Free Lunch, and the Alliance of the Mentally Ill, uh, establish a human
service agency at this location. Um, that is considered a general community
service use and does require in the CI -1 zone approval of a special exception by
the Zoning Board of Adjustment, and that is under consideration. I believe they
will consider that tomorrow. Um ... the ... there is a necessity because of
transacting the property from a public use to a private use, there is a necessity to,
uh, rezone it to something other than, uh, P1, since it is no longer in, uh, public
ownership. Uh, this area has become, uh, location of a number of agencies. You
have had some discussion of some of the issues that have been, uh, brought forth
by some of the, uh, businesses in this neighborhood. Uh, there was a
neighborhood meeting held, uh, last night. Councilor Dickens was present at that
meeting and way ... may wish to elaborate more on, uh, what was discussed there,
but it does appear that there is some intent to try and resolve some of the issues
that have been raised, and, uh, those considerations will also be considered by the
Board of Adjustment when they, uh, consider the request, uh, for the special
exception. Uh, this is considered a... a good neighborhood for, um... a human
service agency in terms of its accessibility. Uh, it has, uh, good sidewalk
connections. It has, uh, transit routes that are located in the area. It's not far from
downtown, and so it does meet those, uh, types of criteria, uh, for location. Um,
staff recommendation is, uh, for approval. Uh, do you have any questions for me
before you continue your public hearing? Thank you.
Champion: Will the use of this building just be purely office space?
Davidson: Pardon me?
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Champion: Will it be purely office space?
Davidson: Uh, and to provide services.
Champion: And to provide services.
Davidson: There will be a number of services provided in the area. There are meals
provided, breakfast and lunch. And uh...
Payne: If we do rezone this to CI -1 and for some reason it doesn't move forward with this
group moving into this building, it would still be appropriately rezoned at CI -1.
Davidson: Right. It would be used ... it could be used then for any Cl, uh, 1 type use.
Another human service agency would require the special exception again. Uh,
I ... I also meant to mention that, uh, 49 parking places are required under our
zoning ordinance, and they will be providing 79. Any other questions for me?
Thank you.
Hayek: Thanks, Jeff. This is a public hearing. Does anyone wish to weigh in? Okay.
Before I close the public hearing, I need to take the Council's temperature. Is
anyone intending to, uh, vote against this?
Champion: I haven't decided!
Hayek: Okay. Well you're just one. (laughter) I'm going to go ahead and close the
public hearing. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Throgmorton: Move first consideration.
Mims: Second.
Hayek: Moved by Throgmorton, seconded by Mims. Discussion?
Champion: I don't really object to the rezoning, but I just wanted Dickens to reflect a little bit
on what the feeling was at the meeting you were at.
Dickens: I guess the ... the overall consensus at the meeting was that the ... most of the
neighbors are in support of this going forward. Their major problems are things
that have been associated with the neighborhood, not the ... the Crisis Center's
been a great neighbor. They've been there for quite a few years and all of the
neighbors seemed to feel that it was a good ... they've been a good neighbor. The
problems in the area have come from, uh, vandalism, and uh, people sleeping in
the area, um ... people coming for meals and not leaving the area and ... you know,
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when you have a lot of time on your hands, a lot ... lot of times vandalism and
things like that happen. Uh, safety was a concern with the parking, uh, there's a
number of large trucks that go through the area, semis, because it is a lot of
industrial companies. Uh, talking to the people that were there at the meeting last
night, most of `em said that they usually have been one and two semis maybe a
day coming in to some of their businesses, uh... some less than that.
Champion: (both talking) ...narrow street (both talking)
Dickens: Right, it's a very narrow street, uh ... uh, they've been working on trying to
compromise, uh, I know a lot of the ... the businesses and neighbors have been
trying, uh (mumbled) takes up a lot of parking and I know some of the other
businesses have been offering them spots for their people to park to try to clear up
the street, but when they do that, other people fill it in. So, they're still working
on that. Uh, some of the things that came out of the meeting was better lighting in
the whole area, which Marcia, uh, Bollinger said that there might be some funds
for that. Uh, another idea was to put "no overnight parking" which would keep
people from sleeping in their cars in that area. Uh, so that the ... the streets could
remain open. Uh, there's certain times of the day that they're very busy. A lot of
these, uh, businesses open very early, 6:30 or 7:30, and get their people in and out
and so ... that's a very busy time. Uh, they talked about the Crowded Closet has
specials on the third Thursday that it's ... they said it's a zoo down there. A lot of
...lot of parking, but the overall consensus was that this was ... this was good.
They're just worried about, uh, having breakfast and lunch there, people coming
and staying all day, and ... and not having a place to go in between, and the
railroad tracks seems to be one of the problems. Uh, people are sleeping and
living along the tracks there, uh, behind the ... the businesses. Graffiti was a
problem. It was a very good meeting and I know we have another meeting
planned for the, I believe the 22 "d, Monday, uh, hopefully at the Kirkwood Room
or the Crisis Center, whichever works out, uh, with the Police, uh, we're hoping
to have the Chief there and uh ... I just feel that it overall that it ... it's a good ... it's
going to be a good project. It's just that there are concerns with the amount of
traffic in the area. I know their parking is going to be better, having all those
extra spaces, and ... and ... and uh, getting the overnight parking and a little more
lighting will help, but uh ... there's a lot of frustration for the last many years,
cause this has been on -going in that area with the ... with the amount of vandalism
and everything, but it's not attributed to this. It's just ... having people coming
that don't have a place to go.
Champion: Thank you.
Hayek: Any further discussion? Roll call, please. First consideration passes 7 -0.
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ITEM 6b RUPPERT ROAD REZONING - CONDITIONALLY
REZONING 2.12 ACRES OF LAND LOCATED SOUTH OF HIGHWAY 1
WEST, EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL
(CI -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE (REZ13-
00007) [Discussion only at formal meeting]
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Any ex parte
communications to disclose? Okay. Mr. Davidson.
Davidson: Item 6b is a request from the Rose Company of Cedar Falls, Iowa. Uh, the
requested action is to rezone from CI -1 Commercial Intensive to CC -2
Community Commercial. The purpose is to allow for the construction of a
grocery store at this location, which is the southeast corner of Ruppert Road and
Highway 1. And you see the location here, just to orient you. Uh ... here's the
subject property, uh, Highway 1, excuse me ... here, and Ruppert Road here. Um
...the uh ... applicant has indicated that they wish to build a 16,000 - square feet
Aldi grocery store at this location, which would have 92 parking spaces. The
existing Aldi store at 1411 Waterfront Drive would move to this location. Uh, we
have over the years had a lot of discussion in this corridor about CC -2 versus CI -1
zoning, and you have had a number of applications come before you. We are in
the process of trying to make some revisions to the zoning code to minimize the
number of, uh, rezonings that come to you, but in the meantime, just because of
historically things have evolved in this corridor, um, there is a mix of that zoning
type and... and the market is eventually going to determine, um, by virtue of the
attributes, uh, that each property has, mainly in terms of traffic count and
visibility. Those being the two, uh, primary things that determine whether or not
a property is more suitable for CI -1 or CC -2. CC -2 is the zone which does require
the high traffic count, the high visibility, so you can see very clearly, uh, that uh,
it is appropriate for this parcel right on Highway 1, uh, with good, uh, visibility
and a high traffic count. Uh, there is an existing traffic signal at the intersection
here, uh, with Highway 1. The Comprehensive Plan which is the South Central
District Plan for, uh, this area of Iowa City does say that CC -2 zoning, uh, is
appropriate for the reasons that I have stated, uh, in that the rezoning would be
compatible, uh, with the neighborhood. The one issue that was raised, uh, that uh,
that ... that does create a concern with the property is pedestrian access to the
property. The City is in the process right now of constructing a trail along the
north side of Highway 1. This enables pedestrian signals to be put in and
crosswalks to be put in on Highway 1, and we are suggesting by virtue of
conditionally zoning the property, uh, that the applicant be required to construct a
sidewalk along the Ruppert Road frontage of the property, and since there is no
existing sidewalk along the south side of Highway 1 that they pay a, uh, fee in
lieu of actually constructing a sidewalk, but a payment that would be used at
which time the City does construct the sidewalk on the south ... the south side.
Certainly that's part of our eventual plan is to have sidewalks on both sides of the
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Payne:
Dickens:
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highway. Uh, but that fee would be put in escrow and then we would use it at
which time that construction project occurred. So those are the ... the two con...
conditions of the zoning are that the applicant be required to construct the
sidewalk along Ruppert Road, fee in lieu for the sidewalk along, uh, Highway 1.
Uh, and the staff recommendation is for approval with those conditions. Any
questions for me?
I have ... go ahead!
What are the businesses on each side and what business is (mumbled)
Davidson: Uh, I believe the, well where the ... let's see. Uh, the new Chrysler dealership is in
this area and the existing, um ... Mercedes, Volkswagen dealership is here. So, uh,
car dealerships on either side.
Payne: My question is, is will there be ... will their entrance be off of Highway 1 or
Ruppert Road?
Davidson: Ruppert Road. No new access points to the highway. The... the... the signalized
intersection provides a very good access, however.
Hayek: (both talking) ...the essential difference between the zoning classifications for
this item the, uh, limitation on size of building?
Davidson: Um, there are ... numerous subtleties. The Commercial Intensive does allow, well,
more intensive type uses, uses that, um ... have some, uh, noxiousness associated
with them. For example, the CC -2, uh, does not allow those uses, but is, uh, there
are some differences with outdoor storage in something like that, but I think to
characterize the differences, Matt, is one is more of a retail zone and the other is
more of a service type zone.
Hayek: Okay.
Davidson: And this being retail, proposed retail store, CC -2 would be appropriate. Any...
Throgmorton: Jeff, what will happen to the old store on Waterfront Drive?
Davidson: Um...it...it does have some flood plain issues associated with it, certainly could
be reoccupied by another use and we haven't heard anything to the contrary that
they wouldn't... that the owner wouldn't, uh, try and have another use locate in it.
Throgmorton: Who ... who currently uses that store? I don't mean individually. What ... what
population currently uses that store?
Davidson: I wouldn't be able to hazard a guess, Jim.
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Throgmorton: Yeah, so I ... basically I'm wondering whether there's a ... a reduction in
accessibility. Uh, for a... a population that lives within say, um, five blocks, eight
blocks, whatever, something like that. Of that store (both talking)
Davidson: The location of the existing Aldi store is in the same vicinity as the Waterfront
Drive HyVee store. Uh, this store is in the same vicinity as the Wa1Mart grocery
store. So there are existing grocery stores at either location.
Throgmorton: Yeah, I ... maybe I'm wrong but I ... my impression is that Aldi's appeals to, uh,
people of lower incomes than people go into the HyVee store. Am, uh, am I
wrong? I mean...
Dobyns: Well Michelle and I, we were talking ... we ... we go there, and I see people from
all over the community, so I don't think it's a (both talking)
Throgmorton: Okay! So, all right.
Dobyns: I think we're okay there, Jim.
Throgmorton: Okay. Okay, good. Thanks.
Davidson: Any additional questions? Thank you.
Hayek: This is a public hearing. Close the, uh, hearing in a minute. Do you want to...
weigh in?
Gravitt: My name is Mary Gravitt. I shop at Aldi's and where Aldi's is now, you take
your life into your hands trying to get across the street. So I want to know about
the new location, are they going... what... is there any public transportation there?
And will the public transportation be running on both sides of the street? Right
now the Broadway and the Cross Park goes there. You have to look up at
Highw... at the other end is that Highway 1 on the other end? You're looking at
Highway I and ... and then you, when they get caught by the light, then you can
cross into the middle of the street. Then you look the other way, and when they
stop coming, you can cross the street. There's no bus shelter, anywhere. Is the
new location going to have a bus shelter? I know they're in a flood plain because
they suffered that last flood. They really got drowned out. But ... more and more
people because of the economy, have to use public transportation and when you
try to get out of these parking lots, you are competing with cars. So I like Aldi's;
I like Aldi's for the prices, and everybody shops Aldi's, cause they do have good
prices. But, I'm concerned about public safety. I'm concerned about bus shelters.
I'm concerned about public transportation.
Hayek: Thank you. Anyone else? I need to take the temperature of Council.
Throgmorton: Good point, uh, Mary raises about access by public trans (both talking)
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Hayek: Yeah, we need to close the ... I just need to know if...if, uh, if anyone's inclined to
vote against.
Throgmorton: I'm not sure.
Hayek: Okay. That's one.
Champion: (mumbled) me! (laughs)
Hayek: All right, I'm going to go ahead and close the public hearing. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Throgmorton: Uh, like I was just saying...
Hayek: Let's get it on the table. Hold on a second. Uh...
Throgmorton: Oh, sorry!
Champion: Move first consideration.
Hayek: Jumpin' the gun!
Payne: Second.
Hayek: Moved by Champion, seconded by Payne. Discussion?
Dickens: Now, Jim!
Hayek: Dr. Throgmorton!
Throgmorton: It's a good point Mary raises, uh, about access by public transit. Uh, what's the
answer?
Dickens: Jeff can (mumbled)
Mims: ...a light there and he just mentioned crosswalk (both talking)
Davidson: Yeah, there is transit service to the location. The ... the bus goes into the Westport
Plaza area where ... where WalMart is. Um, I don't know of any ... certainly no
existing bus shelter in the location. I don't know if there are plans, I mean,
ultimately you can control where bus shelters go in. I believe there is a bus
shelter across Highway 1 for, uh, people at The Lodge. Um, so to the degree that
that would provide some ... get out of the weather... capability, but there is no
shelter that I'm aware of on the Aldi side of Highway 1.
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Throgmorton: There should be! (unable to hear person speaking away from mic)
Hayek: Okay. So ... Council needs to ... wrap up its deliberation here.
Throgmorton: I think we ought to, uh, have as a condition to rezoning that, uh, that uh, that Aldi
install, um, a bus shel ... a bus shelter that complies with, uh, at least with City,
existing City standards.
Payne: Why? Why would we put that on them and we don't put it on other people?
Throgmorton: Uh ... because...
Payne: I mean I understand your point but why would we do that to them and not to...
every new business in town?
Throgmorton: Uh, partly because of the location. It's a location which ... really ought to have a
bus shelter, if it's going to be accessible by public transit.
Payne: There is one on the other side of Highway 1, which is ... somewhat inaccessible.
If, unless there's a crosswalk there.
Dickens: Does the bus...
Champion: Well there's a stoplight...
Dickens: ... does the bus go each way up Highway 1?
Champion: Yes!
Dickens: I ... I'm ... I couldn't remember if...exact.
Davidson: I have to confess, Terry, I'm not exactly sure what route it takes. Marian, do you
know?
Karr: (unable to hear)
Dobyns: (several talking) ... it has to come back in.
Champion: Right!
Dickens: Yeah, I didn't know if it went out the same (several talking)
Hayek: Isn't there... but... but, we have Transportation staffers who regularly look at our
...our routes and ... and the shelters and other amenities associated with them, and
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I would have to think that, you know, they could look at this, uh, with time as
they do every other corner of the community to gauge need.
Davidson: Certainly!
Hayek: You know. You're suggesting this may be ... this may be made part of the CZA.
Dilkes: Well we're past the close of the public hearing so that's, um, unless you're going
to vote no against the entire rezoning, we could not impose that condition now.
Champion: I ... I wouldn't be willing to do that.
Throgmorton: We can't impose it after...
Dilkes: No ... the ... nope. Conditional Zoning Agreement (both talking)
Throgmorton: Pardon my ignorance. (both talking) ...revisions to the Conditional Zoning...
Dilkes: A Conditional Zoning Agreement has to be signed prior to the close of the public
hearing.
Throgmorton: Uh... (several talking)
Hayek: ... vote against it.
Dilkes: Exactly! But ... but then we would start the process. You know, over again.
Throgmorton: Okay.
Hayek: I'm not ... I'm not interested in voting against this or ... or .... or amending
the ... doing that and then amending the CZA. I share your concern and I think it's
something the City would want to look at, uh ... uh, but ... but that can occur
anyway.
Payne: I ... I would agree. I mean, I think it's important that people can get to this
location, um ... but I don't know that I would want to do it as part of...the CZA, I
mean, this to me that doesn't....they don't go together.
Mims: I mean typically the City has taken responsibility, in my understanding, for
shelters and things like that. So to all of a sudden start changing those rules and
putting it on individual business, I would certainly want to have a lot more
discussion about that change in philosophy.
Davidson: Just as a point of clarification, we have required — we don't do it often — but we
have required businesses to provide bus shelters.
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Champion: Did we require Wa1Mart to do one?
Davidson: I believe we did require Wa1Mart to do one.
Markus: If they're a generator, you know, it's a logical connection, but I think we're out of
...I think we're out of sequence at this point so...
Mims: Right.
Dilkes: One thing to keep in mind about conditions is that the ... the rezoning has to create
the need for the condition you impose.
Throgmorton: And... and that seems to be the case here, as best I can tell. (both talking)
Dilkes: No necessarily so.
Markus: But the ultimate use, in this particular case.
Dilkes: But... anyway, we're beyond that issue now for this particular one.
Throgmorton: Perhaps we could encourage Aldi's to do this (laughter) on a voluntary basis.
(laughter) I'm serious ... I'm serious about encouraging `em to do it, and of course
they'll probably say no, but...
Champion: They might say yes!
Mims: Well, in... in any event, I would agree that it's something that we need to have
staff take a look at, um, as we move forward on this.
Markus: We will.
Dobyns: I looked at Westport, uh, transit, and it is outgoing, but then it loops back as a
circle into town. I didn't look at the other places, but it may take you out, but
may not take you back in, but...
Champion: And I don't think there would be a bus stop right there by Aldi's .
Payne: On the other side of the street. (several talking)
Hayek: Further discussion? Roll call, please. First consideration passes 6 -1,
Throgmorton in the negative.
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ITEM 6c OAKNOLL SKYWALK - VACATING AIR RIGHTS AND
SUBTERRANEAN RIGHTS FOR PORTIONS OF PUBLIC RIGHT -OF-
WAY LOCATED ON GEORGE STREET BETWEEN BENTON STREET
AND OAKCREST STREET. (VAC13- 00002)
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel)
Davidson: I'm sorry, I didn't realize I had so many pictures of the last item that I forgot to
show you. Bob stuck those on there, I didn't even know about them. Um... Item
6c is a request from Christian Retirement Services, doing business as Oaknoll, uh,
they have requested a vacation of air rights to allow for the construction of a
skywalk that will connect the existing Oaknoll campus with the new campus,
which is under construction. The location is the public right -of -way above
George Street, and this is not a real good map, but just to orient you, here is
Benton Street and here is George Street, and this is the location. The existing
Oaknoll buildings are here. The proposed buildings are here, and there are some,
well, here's... here's, you can see to the left of the screen the, uh, new project
under construction and the existing project, uh, to the right of the screen. And I
believe ... yes. Here's a computer simulation showing the, uh, location of the, uh
...uh, proposed skywalk. There's probably a better picture of it here. You can
see how it would go across, uh, George Street, and significantly it goes, crosses at
a height slightly above 20 feet, which is higher than, uh, some of our existing
skywalks. We try and get ... I believe a minimum of 14'6" so that ... this easily, uh,
goes taller than that. It actually ties into the third floor, uh, of the new building,
uh, the third floor, which faces, uh, George Street. Urn ... let's see, the total, uh,
vacation is 1,800 square feet of air rights, and I would point out and some of you
may recall that in the past we have handled, um, air rights, such as this, as
temporary uses of right -of -way, but in discussion we've kind of come to a ... a way
of thinking that, you know, really these aren't that temporary. They're basically
parts of the building, and so, uh, accordingly we think it's appropriate as ... as a
vacation and a ... and a conveyance. Um ... as I mentioned, the skywalk could
...would connect the third floor above ground, uh, slightly above, uh, 20 feet.
Um, I think most of you are aware that for any vacation of public right -of -way,
or ... or public property of any kind, we have a ... kind of a checklist that we go
through and we did that for this project. Uh, in terms of vehicular and pedestrian
circulation, we think we're in good shape because it's at least 20 feet up, uh, in
the air. Uh (mumbled) clearance for emergency and utility vehicles, uh, does not
affect the location of utilities. Uh, in terms of access to adjacent private property,
certainly it enhances, uh, pedestrian access to the two buildings, uh, by residents
of Oaknoll, residents and workers of Oaknoll, I would add. Uh, and so we feel
that given the conditions that we evaluate for a vacation that this one, uh, meets
all of them and... and did not have any problem with that. Um, we believe the,
uh .... I mean, obviously it's a structure above George Street where there's not one
now, but we believe that impact is ... is minimal and will fit into the neighborhood
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— the neighborhood on both sides is Oaknoll. Um, so recommendation for the
vacation, uh, is for approval. Uh, and then, correct me if I'm wrong, Eleanor, the
conveyance will come after the ... would come after the third reading, and they'll
basically be prepared to, uh...
Dilkes: Hopefully will coincide with the third reading.
Davidson: ...right, and they'd be required to pay the appraised value.
Dilkes: I spoke to Mr. Downard today and I'm expecting an offer tomorrow.
Champion: How do you ... how do you charge for air space?
Dilkes: It's complicated. (laughter)
Davidson: Any further questions?
Throgmorton: You pull a number out of the air! (laughter)
Dilkes: No! (laughs)
Dickens: How many feet back is it set from Benton Street? Do you know...
Davidson: From Benton Street, it's actually quite a ways (both talking) you can see here,
Terry, um, this is Benton Street. If I was to hazard a guess ... this intersection
down here is approximately 300 feet, um, so I would say maybe 225 feet from
Benton Street.
Dickens: (mumbled)
Davidson: Any other questions? Thank you.
Hayek: Thank you, Jeff. Anyone from the audience? Okay, public hearing is closed.
(bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Dobyns: Move first consideration.
Payne: Second.
Hayek: Moved by Dobyns, seconded by Payne. Discussion? Roll call, please. First
consideration passes 7 -0.
Dobyns: Mr. Mayor?
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Hayek: Yes, sir!
Dobyns: If I could just add something. I don't want Chris O'Brien getting mad at me, but
urn ... when I took a look at our, uh, route, it actually goes right past the proposed
zoning area on Ruppert Road, as it returns back in. (several talking) So you may
have to cross Highway 1 going out, but coming back into town, it's right there in
front of their, uh, the proposed zoning area.
Hayek: Thank you, sir!
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ITEM 6d AMENDING FOR WOODLAND BUFFERS - AMENDING
TITLE 4 OF THE ZONING CODE TO MODIFY THE PROCESS FOR
DELINEATING WOODLAND BUFFERS AND COUNTING PRESERVED
TREES AND WOODLANDS TOWARD ANY TREE REPLACEMENT OR
MITIGATION REQUIREMENTS.
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) We don't
need ex parte on...
Throgmorton: Probably not.
Champion: (mumbled)
Dilkes: Oh! No, you don't.
Hayek: Got a question `do we need' written to myself here so...
Throgmorton: How many trees have you talked to lately?
Hayek: Exactly!
Dickens: Too many!
Davidson: Uh, Item 6d then, uh, if you're like me, these code textiment ... zoning code text
amendments tend to be a bit like reading a foreign language. So I'm going to do
my best to try and explain this one. Uh, this, um, the overall goal of what I'm
about to explain is to try and give developers a little more flexibility, and another
option, uh, for dealing with the woodland provisions of the sensitive areas
ordinance, and this was something that we developed, uh, in the course of trying
to work out, um, the woodland provisions of the sensitive areas ordinance with
the Palisades subdivision, which you have not seen yet, but at some point will
likely be coming to you. This is off of, uh, Dubuque Road in north Iowa City, uh,
but I did want to preface that the overall goal is to provide additional flexibility
and another way, uh, rather than just the standard way of dealing with the
woodland provisions. Um, the ... the basic ... the basic premises of the woodland,
uh, ordinance in the sensitive areas woodland provisions of the sensitive areas
ordinance, is that if you have, uh, what is by definition of the sensitive areas
ordinance a woodland on your property that you wish to develop, uh, you are
required to try and preserve at least 50% of the woodland, and the standard
practice for doing that is to identify your woodland and then draw a 50 -foot buffer
around it, and it's assumed that during construction that buffer area is what's
going to, you know, there will be some disturbance within that buffer area, but
that's basically what protects the woodland from the development activity that's
occurred. There are certainly, um ... prior to the sensitive areas ordinance being
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put into effect were plenty of instances where, uh, contractors attempted to protect
sensitive environmental features but simply ended up getting too close to them
and although the tree didn't die immediately, it died sometime later. So
protecting those trees is what, uh, we're out to do, and ... and that way that I just
described is the way that it is typically done. And this provides some difficulty
for developers if you're dealing with a constrained site, because all of the trees
that are within that buffer area, you essentially don't get credit for because, in
...in terms of preserving them, and so what we've worked out is a method by...
and it is a more ... it would be a more difficult and more expensive method to use
to protect your woodland, but what it would enable is that if a developer chose
they could identify the dripline, and the dripline is essentially a ring around the,
um, the ... the above - ground portion of the tree canopy that extends then down to
the ground in what is presumably the root zone of the tree and if...if a developer
wants to delineate that, they can use that as the delineation around their woodland,
rather than the 50 -foot buffer, and that enables the buffer area trees to then be
used in the calculation of the 50 %. We also introduced, uh, some flexibility in
terms of if you have a real nice oak tree, for example, that is not part of your
woodland grove of trees, you can also delineate that, and ... and receive credit for
that, and then I think you're also aware that we allow the planting of new trees,
typically at a ratio greater than the trees that are being cut down. So, uh ... have I
explained that well enough?
Champion: Very well!
Davidson: Okay, great! Uh, any questions then in terms of what is proposed?
Dobyns: Jeff, I had a question. I'm thinking over on the west side on the new Camp
Cardinal, uh, Boulevard. Recognizing that the part from Clear Creek up to
Kennedy is the City of Coralville, but south of Kennedy is the City of Iowa City.
Davidson: Uh huh.
Dobyns: And there I think people realize there are large expanses of trees. So at least for
the Iowa City part, if this goes into effect, how might those large expanses of trees
that are on either side of Camp Cardinal be preserved, or not, for future
development?
Davidson: Yeah, the ... the portions that are within the public right -of -way are not subject to
the sensitive areas ordinance. We always, as a public entity, attempt to meet the
letter of the sensitive areas ordinance, any time we do a public project, but we're
not strictly speaking when we're putting public infrastructure and required to do
that. Private developers, and certainly the areas that you're talking about, private
developers would be required to meet the woodland requirements, uh,
preservation requirements, and this would give them another option for doing so,
in addition to the one that we already use.
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Dobyns: Uh huh. Thank you!
Davidson: Anything else?
Payne: But the way that the current ordinance is set up ... if they're preserving, in your
example, what's inside of that box, that doesn't count towards their preservation
numbers?
Davidson: The buffer doesn't. The trees (both talking)
Payne: ... in the buffer.
Davidson: Right!
Payne: Okay.
Davidson: And this way they would.
Payne: Okay.
Davidson: If... if a developer wanted to go to the additional expense of delineating each tree
can ... tree.. .
Payne: Thank you.
Davidson: Anything else?
Hayek: Other questions for Jeff?
Davidson: Thank you.
Mims: Were ... I'm sorry, one quick question. Were any developers consulted on this or
was this entirely staff (both talking)
Davidson: Um, the developer that we were working with was obviously consulted, and
I ... and uh, this is certainly something that we can take to the developers'
roundtable, uh, if it goes into effect. It's nothing that's being imposed.
Mims: Okay.
Davidson: It's simply an additional method (both talking) that ... that may be used.
Mims: Okay. Thank you.
Davidson: Thank you!
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Hayek: Anyone from the audience? Okay, I'll close the public hearing.
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Champion: (both talking)
Payne: Second.
Hayek: Sort of moved by Champion, entirely seconded by Payne (laughter) Discussion?
Roll call, please. First consideration passes 7 -0.
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ITEM 6e COMPREHENSIVE PLAN AMENDMENT FOR JEFFERSON
STREET - AMENDING THE CENTRAL DISTRICT PLAN MAP
DESIGNATION FROM OFFICE COMMERCIAL TO HIGH DENSITY
MULTI - FAMILY RESIDENTIAL FOR PROPERTY LOCATED AT 821 E.
JEFFERSON STREET. [Discussion only at formal meeting]
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh, any ex
parte communications to disclose?
Throgmorton: Uh, I, you know, over the past many months I've had several conversations with
individuals. I've talked with Jeff Clark, briefly. Uh, I've talked with Nancy, uh,
Carlson. Talked with John Thomas. Uh, talked with, uh, Mark McCallum. Uh,
and probably other people. I really can't keep track because, uh, this has been a
topic of conversation for ... I don't know, what? A year and a half. I don't know,
longer! So uh ... and ... and in those instances I just listened while people were
telling me their views about it.
Dilkes: Okay, the thing to keep in mind about ex parte communications is the purp ... the
reason you do them is to ... to put them on the record so that for instance if there's
something contrary to, um, the position of the developer, the developer will know
that you've heard that and can respond to it. Um, so that's why if... if there's
something of substance that you recall and will play into your thinking on this
issue, then you should say what that is.
Throgmorton: All right. Well, I, you know, I heard people express their views a ... about... about
the project. I think Nancy said something, uh, about ... just like you said in the
public hearing about open space and... and uh... surely John Thomas said
something to the effect that, uh, it's important to have, uh, quality neighborhoods
that will enhance the northside neighborhood. That ... that kind of thing. General
stuff that's already been expressed in public hearings.
Dilkes: At the Planning and Zoning Commission?
Throgmorton: Yeah. Yeah.
Dilkes: Okay.
Hayek: I briefly talked to ... to Tom Markus today who is supportive of the measure.
So... (mumbled)
Dilkes: Okay, now this is the Comp Plan amendment we're talking about. Now, but we'll
just take the ex parte...
Hayek: yeah!
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Dilkes: ... for ... for both of them.
Throgmorton: Yeah.
Hayek: Right, and one of the things I wanted to mention is ... is that if...if you're okay
with this, if people want to weigh in on either or both now would be a ... an
appropriate time to do so?
Dilkes: (mumbled) think so.
Davidson: And if it's okay, Mr. Mail ... Mayor, I will remain consistent with that theme and
present both (laughter) uh, now as well. Um... so Item 6e and Item 6f are a
rezoning, and Comp Plan amendment for, uh, the applicant is Jeff Clark of Iowa
City. Uh, it is for the property at 821 Jefferson Street. The proposal, uh, is for a
Comprehensive Plan amendment that is consistent with the requested rezoning
from Commercial Office CO -1 to High- Density, Multi - Family Residential RM-
44. Uh, the purpose is to allow development of a new multi - family building at
this location, uh, which as we mentioned was 821 E. Jefferson Street. Uh, as
Councilor Throgmorton has alluded to, this is an issue that did come up, not for
discussion at City Council but at the Planning and Zoning Commission, uh, last
year and was voted for denial at Planning and Zoning Commission. Um, and uh,
it is back for consideration at this time, and I will outline for you, um, the
differences in the proposal this time. Um ... the RM -44 zone is the zone that
created some concerns in the community that led you to your, uh, three rather
significant changes to the zoning code to try and eliminate some of the, uh,
nuisance aspects of that zone that were ... were put into place and one of the, um,
one of the items that you did put into place was a, uh ... uh, a bonus provision for
one - bedroom apartments, which the applicant of this project is going to, uh, try
and take, or proposed to take advantage of, uh, and as part of a Conditional
Zoning Agreement would be limited to that, and I will outline that, uh, in just a
minute. Here's the location of the property on Jefferson Street. Uh, you can see
that it is surrounded by RM, uh, 44 zoning. Uh, it is zoned CO -1 and the reason
it's zoned CO -1, it was originally zoned for multi - family development and then in
the 80s when the zoning code changes to ... to not have it be a non - conforming
situation since at that point it was a medical office, it was zoned, uh, CI -1. The
CI -1 zone does allow apartments above first -floor, uh, commercial use, uh, and in
fact if developed under the CO -1 zoning, uh, it is estimated, and I say estimated
because parking is always the limiting thing, but it is estimated that the developer
might be able to get, uh, seven units of three- bedrooms each, total of 21, uh,
bedrooms, uh, at this location under the existing, uh, CO -1 zoning. Uh, here is
the existing, uh, medical office building. You can see there is an access point, uh,
off of Jefferson Street, and then a parking lot at the rear of the building. Uh, these
are ... this building here and this building here are both RM -44, uh, multi - family
buildings. Uh, here is what is proposed in terms of 18 one - bedroom apartments,
and as I mentioned, the Conditional Zoning Agreement that would be part of your
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approval of this, uh, would limit the project to that specifically. Um ... the reason
that the requested zoning is for RM -44 and not a lower density, um, zone is that
the bonus provision in order to deal with some of those nuisance aspects of RM-
44 was put in place for the RM -44 zone. We very deliberately did not put it in for
the RM, uh, RNS -20 zone, which is the other, uh, predominant zoning
classification in this neighborhood, because we didn't want to encourage people
in that zoning classification to tear down buildings, uh, to build one - bedroom
apartment buildings, but we did want to put those limitations into the RM -44
zone. Uh, you can see the layout of the project. Uh, here is Jefferson Street. You
will see that the access point has been closed and a usable open space created on
the side of the building here. Uh, that is something that, um ... did get discussion
at the Planning and Zoning Commission and was a priority, and ... and the
applicant, uh, agreed to. Uh, here then is the ... to the, there is no parking
subterranean in this building. The project that was considered last year did have
subterranean par, uh, parking. There is none with this building. The parking, uh,
which meets the required parking, is at the rear of the building. Uh, goes up to
this location here, and then as I mentioned this is green space. The access then
will be off the alley, uh, which comes off of, uh, Van, uh, Lucas Street.
Um ... here is, uh, a drawing of what the proposed building looks like, and I ... I
guess we don't have a side view, but there is ... there's articulation with the front
of the building, and it was determined in staff's opinion and the Planning and
Zoning Commission's opinion, uh, that... for a multi - family building it was... it
did fit into the neighborhood in terms of the architectural styling, uh, that was
used for the building. Um ... let's see. The property is in the flood plain of
Ralston Creek and the applicant has indicated that they would bring in fill to, uh,
elevate, uh, the first, uh, habitable floor of the building. Uh, I mentioned no
parking within the structure. Uh ... the applicant did have neighborhood meeting,
uh ... um, for the project. Uh, and based on input that the applicant received at that
meeting, uh, did make some changes to the project. I don't know the details of
that but I believe the applicant's present if you have any questions about that.
Um, I mentioned that the CO -I zone would at least in theory allow 21 bedrooms.
What is proposed here would be 18 bedrooms. Um, so it...it...it is felt that the
nuisance issues associated with the RM, uh, 44 zone, uh, have been addressed by
the creation of usable open space, closing of the access point, limitation of 18, uh,
one - bedroom units. Um ... does get rid of what is considered a ... uh, a building
that is not an asset currently. It has been vacant, uh, so presumably there would
be a significant change to the property tax value of the building. Uh, I mentioned
to you why, uh, a lower density zoning classification isn't approved, so I believe
I've covered everything. Are there any questions about what is proposed for 821
E. Jefferson?
Payne: Do you know how many feet of fill they're going to have to put in?
Davidson: I do not know but the applicant, as I mentioned, I believe is present and might be
able to answer that question. Any other questions for me?
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Throgmorton: I ... I do have ... a few questions. Um, and, uh, I hope you all will bear with me
cause, uh, this touches on topics that I care about a lot. So I have a series of
questions. I've already alerted Jeff to the ... to the fact that I would ask him a
series, and Matt, I'd like you to kind of be careful not to close the public hearing
too quickly, given what Eleanor said about conditional zoning and not being able
to ... devise new conditions.
Dilkes: We're still in the Comp Plan amendment, so we'll be good even if...
Throgmorton: Ah, right! Of course. Okay, so uh ... uh, it's sort of a sequence of questions, okay.
So, w ... do you happen to know, uh, roughly what percentage of housing units in
the neighborhood are occupied by owners or long -term residents?
Davidson: I... certainly would not have an accurate answer to that, Jim, but I would
characterize it as a mix.
Throgmorton: A mix, okay. My vague recollection from the Planning Zoning Commission's
public hearing material is that it's ... well under 10% of the ... (both talking) ...of
the units are occupied by owners anyhow. I don't know about long -term res...
other long -term residents.
Davidson: I could not verify that, but...
Throgmorton: Some number kinda like that, so ... uh, then my next question, and maybe Jeff
could address this, as well, because uh, you know, I know...
Davidson: I am happy to step down if you would like to address your questions to the
applicant.
Throgmorton: ... so ... I ... I'm thinking about long -term residents, so ... I ... I'm wondering what
design in streetscape features would attract residents who would really like to live
at 821 E. Jefferson for many years.
Davidson: It ... it was felt that this property as it is proposed, and with the finishes and
features that the applicant has indicated to staff would be present, and you may
wish to ask about those more specifically that this would ... this property would
attract ... not only the undergraduate students that characterize other properties in
the RM -44 zone, that the one - bedroom properties with a decent level of...of
finishes, um, fairly close in, in what is perceived to be a good quality
neighborhood, that that is the type of building that can attract non - student
residents, and so it is felt that this building does give at least a fighting chance to
that notion.
Throgmorton: Thanks. I ... I definitely see that there's a good step in that direction so I
appreciate that. Uh, but I'm pretty skeptical. Uh, then my next question would
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be, what small improvements could be made in this specific project to make
Jefferson Street more interesting and appealing to walk?
Davidson: I certainly, uh, my own opinion, would characterize Jefferson, and it is a street I
walk when I walk between my house and... and downtown, as an appealing street,
as a very large parkway between the back of curb and the front of sidewalk, street
trees, big canopy. I find it to be a very high - quality pedestrian environment. Uh,
in terms of what is between the back of sidewalk and the front of the building,
um, I believe there are ... I ... I did check when you ... when you asked, Jim, and I
believe there are a couple of benches that are ... at least proposed in the site plan in
front of the building. Um, the applicant perhaps... elaborate on that, and then of
course the area that I pointed out here, which was formerly, uh, driveway
pavement that will now be put into usable green space, a large- enough green
space that it could actually be usable... again considered part of going in... in that
direction of...
Throgmorton: Yeah. I ... I asked this series of questions because my ... my sense of, uh, what
would make the building really attractive to longer -term residents would be
something like a fence on the ... in the front, uh, in closing the front, creating an
enclosed space that's semi - public, semi - private; has benches in it; is landscaped;
and is, uh, perhaps has a garden associated with it and then suddenly you find
yourself really seeing a place that could actually be a... appealing to longer -term
residents. That's my sense of it anyhow. Uh, my next question has to do with
Ralston Creek and run -off from the parking lot. So, uh, 18 parking spaces in
back. I guess essentially the same amount of space that's currently covered by
asphalt. Uh, so what I'm wondering is whether, um, what kind of small
improvements in this project could make Ralston Creek more worth observing
and exploring, in other words enhance Ralston Creek, rather than just have water
running off from the asphalt and roof... down to the creek.
Davidson: Yes, there are no (both talking)
Throgmorton: Creek's a mess (both talking)
Davidson: ...no conditions...
Throgmorton: ... looking at it two days ago; it's a mess!
Davidson: Yeah, there are no conditions imposed on this property that ... that would do what I
believe you're suggesting.
Dickens: It looks like there's actually less parking than there was when it was a ... from the
picture that you had of the office space, cause there was two rows.
Davidson: Yeah, cause there's two rows down at the bottom here (both talking)
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Dickens: ...blocked off now from the alley with just one entrance, so it's actually going to
be separated?
Davidson: Right, yeah, and... and... and it's likely, Terry, I mean, without knowing square
footages or calculating things, that the commercial parking requirement was likely
higher than the residential parking requirement would be.
Dickens: So it's actually going to be a little more aesthetic...
Davidson: Yeah, but I think to Jim's point, is probably roughly, well ... maybe slightly less
(both talking) pavement. It looks like the parking aisle might be wider. But...
Throgmorton: Yeah, well maybe I'm naive, you know, but my impression, again, is that a
longer -term resident would be interested in something like a water garden in the
back that, uh, that includes a pathway that leads toward the creek and mac...
maybe actually enhances the creek instead of...
Davidson: Yeah, you can just slightly on this aerial see the creek down here ... in this
location.
Throgmorton: Yeah. Okay, uh, I have like two or three more questions, you know, and... and
then I'll stop. Um, how many small parks are located within a five- minute walk,
which is about two blocks, from the site.
Davidson: Um, well the two parks in the vicinity would be College Green, uh, which is
probably roughly five minutes, maybe a little longer, and then Glendale Park, uh,
which is the other direction, down Jefferson Street, which is really kind of a
neighborhood pocket park. Those would be the two.
Throgmorton: Yeah, so ... that there really isn't good public small park -like space, uh, in the
immediate vicinity of...of this particular development.
Davidson: That's correct.
Throgmorton: Okay. Um ... I don't want ... I want to take us ... I want to stretch a little bit here.
You know recently there was discussion about the, uh, the ... the Bradley building,
uh, there was something in the newspaper about it the other day. So who owns
the property right now?
Davidson: Um ... I assume it's a contract purchase, predicated on the, uh, zoning (mumbled)
I'm ... I'm not sure. The ... the applicant may own it outright. Again, perhaps they
can clarify that.
Throgmorton: Yeah, it...it actually matters, uh ... um, I'm going to assume that someone else
other than the developer owns the property right now, and there's a contract to...
to you know buy it and so on.
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Davidson: That's not unusual, certainly.
Throgmorton: Yeah, okay. Um, just hypothetically would it be possible for the City to purchase
the property?
Davidson: Uh, hypothetically I suppose it would be, yes.
Throgmorton: So I'm thinking about the Bradley building. Hypothetically is it possible for the
City to buy that property? Move the Bradley building ... to that site.
Hypothetically. Yeah, that's the one right next, right across the street, basically.
Champion: I don't think it would fit in there very well.
Throgmorton: And ... and to ... to, uh, cause it would occupy a small amount of space, convert the
rest of it to ... to a public park.
Mims: You're talking about two different properties that we don't even know who owns,
and under what conditions.
Champion: But the house could be free if you're willing to move it so...
Hayek: We may be veering beyond the public hearing purpose of a Comp Plan change, I
mean, it would seem to me we'd want to ... submit our questions to staff,
following the report.
Throgmorton: (both talking)
Hayek: But that may be (both talking)
Throgmorton: ... then the point would be that perhaps we should defer a vote on this for two
weeks. Continue the public hearing for two weeks.
Hayek: Okay.
Champion: Are we ready to (mumbled) discussion yet (several talking)
Hayek: ...public hearing's still open. Why ... why don't we, um ... if you have any other
questions, why don't we get those out and then...
Davidson: Anything else for me?
Hayek: ...if anyone else has questions... get those out. Are you...
Throgmorton: I ... I think I've asked enough questions.
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Hayek: Okay. Are there other questions of Jeff from Council? This is a public hearing,
and so anyone else, uh, who would like to approach the Council can do so.
Carlson: My name is Nancy Carlson and I live at 1002 E. Jefferson. Um... and basically
what I'd like to do is I would like to discuss what the City Council has said, uh,
for 20 years. First of all, I would like to start with the meeting that you had in
November of 2011 which was a strategic planning co ... um, meeting in which you
stated that one of the things that you felt was important was neighborhood
stabilization, i.e., more owner- occupied housing in and around ... in and near
downtown, and neighborhood preservation. I would like to, uh, although Jeff said
that most of the property around this, uh, lot is RNS -20, it fronts Jefferson. The
property across the street on Jefferson is RNS -12. I was involved in getting that
rezoned from RM -12. I have been fighting upzoning for 20, no, since 1992. So it
would be over 20 years. At the time that we went through this rezoning we asked
if we could not rezone the section to the west of us, west of this property, and we
were told that because it was RM -44 that there was nothing that we could do
about it. RNS -12 was created to stabilize certain existing residential
neighborhoods by preserving the predominantly single - family residential
character. RM -44, you're supposed to have careful attention to site design. It is
expected to ensure that buildings are compatible with the surrounding land uses,
and that a quality... environment, and living environment, will be maintained over
time. What is always discussed in these rezonings, especially when you want to
en ... want to upzone an area, is you discuss the z ... the area that is already there
that is upzoned, and you ignore the area around it that doesn't... isn't of the same
density, but will be impacted by it. Under the purpose of the Comprehensive Plan
it states that you are to provide the opportunity for a variety of housing types to
meet the needs of the city's population; to encourage the most appropriate use of
land and foster convenient, compatible, and efficient relationships between land
uses; to promote the economic stability of existing and future land uses that are
consistent with the Comprehensive Plan and protect them from intrusion by in-
compatible land uses; to avoid undue concentrations of population. At one point I
believe when we were ... when this ... this was before the Planning and Zoning
Commission, um, Jeff made a comment about, and he mentioned some older, uh,
apartment buildings that had been in this area for a long period of time. I live
right across the street from one of them, uh, on Evans Street. He mentioned the
condos on the corner of, um... Summit and Burlington, and said those were very
prom ... very good examples of apartment buildings that fit into neighborhoods.
And yes, they are, but there are some differences between those and what we are
doing now. There is one apartment building. They have a lot of green space
around `em, and just because there's one there doesn't mean that you ... we end up
with another one. The, uh, one in the ... across the street from me was probably
built in the 20s. The condos on the corner of Summit and Burlington... around
that same time. They are the only ones. They feel like they fit in with the, uh...
with the, uh... surrounding neighborhood and they don't end up feeling like
they're going ... that more come in and they become the ... two-ton, uh, elephant.
Uh, the Comprehensive Plan provides a guide for decision making, enabling us to
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address the needs of the present, without compromising the ability of future
generations to meet their needs. It has little use if there is no clear strategy of
action to carry it out. So I ... my question is, what is your, uh, strategy of action to
carry out the Comprehensive Plan, the fact that you're talking about neighborhood
conservation and that you need more owner- occupied housing in and near
downtown. In the Central District Plan, it...it is stated that it has been an ongoing
challenge to maintain a balance between the different housing types and mix of
residence within our area. So let's look at that. In our area there are not quite
3,000 total housing units. Of that number, there are 414 one -unit detached, i.e.
houses, and 127 two-unit ... two-bed, or two units, which are duplexes. That's less
than 25 %. Of, uh, there are apartment buildings of three to four units and five to
nine, 180 and 631...631. That makes it a little more than 25 %. Over 50% of the
units in this area are made up of apartment buildings from 10 to 19, or 20 or more.
758 or 755. That's over 50 %. So, how does that react with the idea that we want
to have a balance of different types of housing types. Let's look at the res ... at the
mix of residents. Out of the 2,944 housing units, 166 are owner- occupied. That's
5.6 %. Renter occupied is 208 ... 2,823 or 94.4 %. Is that a balance? Is that when
you say you want to stabilize neighborhoods; is that what you're working
towards? Do you want ... do you want 100% of own ... of rental units? Now let's
look at the ages of our residents. Out of a total population of a little over 7,000
almost 6,000 are between the ages of 19 and 24. Is that a balance in the mix of
residents. And finally, let's look at the tenure of these residents. Out of 2,849
units, 250 ... 2,550 moved in in 2005 or later. Do you call those long -term
residents? And the, uh, City Council's strategic plan which...
Hayek: ...I'm going to ask you to try to wrap up here.
Carlson: I've got one more thing.
Hayek: Okay. (mumbled)
Carlson: Uh, the staff said that they had conducted some preliminary research on single -
family in -fill programs in residential improvement districts. But they said more
research was needed on this subject before any recommendation can be
formulated. Unfortunately while they're busy dealing with this to try and deal
with our problem, we are continuing to enhance the problem. I thank you. And
all these figures that I gave you were from the 2010 Census.
Hayek: Thank you.
Clark: Good evening, Sarah Clark, um, 509 Brown Street and I'm here tonight
representing the Northside Neighborhood Association. Mike Wright is enjoying
himself at a conference in Indianapolis. And I get you (laughs) Um, first I want
to say that, um, the NNA is, uh, very glad that the proposal in front of you tonight
is much smaller than what was, oh ... um, originally conceived by a develop ... a
different developer about a year and a half ago, um, and we're also, um, I'm glad
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to report that, um, Jeff Clark took the, uh, good neighbor process seriously. Um,
that is not mandatory. I wish that it were, but he took it seriously. He did
approach us about meeting. We met last winter, and then he met with Mike
Wright and myself again early in the spring, so I want to say publicly that we're
glad that he did that. I think we ... may have some differences in opinion, but it
was a very good talk and I'm also, um, happy to report that there will be a
Conditional Zoning Agreement in place that will limit this property in perpetuity
to 18 one ... to nothing more than 18 one - bedroom units. Since the underlying, uh,
zoning of RM -44 is much too dense and is incompatible for the neighborhood. So
we are very glad for the CZA. Um, that said, I think the project before you
tonight is probably the best that ... that we can expect, um, to see for this site,
giving the, uh, given the curr ... uh, the City's current zoning rules. Um, and I'm
sorry to say that I think that those, uh, zoning rules, um, actually fail to seriously
address the imbalance between short and long -term, uh, residents, which is the
root of the neighborhood's instability. Uh, it's been almost a year since the
Council passed, and I'm going to quote from, uh, this ... your own strategic plan
document, which was last presented I guess in a work session in March, um, and I
quote, passed three significant zoning code changes that aim to more effectively
regulate multi - family developments, particularly in the off - campus housing areas.
Those three ordinances included amending the definition of a household to
include no more than three unrelated persons in all zoning classifications, creating
a graduated density formula for the development of one, two, and three bedroom
apartments in select zoning classifications, and increasing the parking requirement
for three bedroom units in the newly defined, uh, University impact area. These
changes will have a profound impact on future development, most notably in
those areas close to downtown and the University campus where a more diverse
housing stock is desired. Well, I'm not sure, uh, what is meant by diverse
housing stock, if um, what we're coming up with is more housing for short-term
residents, but only with a slightly different bedroom mix. Um, our definition of
diversity if affordable housing for a wide range of long -term residents, be they
young professionals, be they undergraduates, be they families, baby- boomers,
retirees. The emphasis in our mind is on long -term resident. Um, what is our
strategy, and when I say `our' I don't mean northside, I don't just mean the City.
I mean all of us together — what is our strategy for achieving that definition of
diversity? When residents from the central neighborhood showed up in large
numbers at, uh, Council meetings last spring to support these zoning changes,
they weren't here to support the development of more one - bedroom units for the
18 to 24- year -old demographic, a group which is already overrepresented, I think,
in that neighborhood. Last fall Northside Neighborhood coordinator Mike Wright
wrote a guest editorial for the Press - Citizen urging Council to consider a
moratorium on new building permits within the UniverCity boundary. The
moratorium would allow time for evaluating regulatory and economic policies
that could help the central neighborhoods achieve a better balance of long and
short-term residents. Since you chose not to enact a moratorium last fall, 48 units
that will likely be filled by short-term tenants, we hope that they are all not, but
I'm afraid I do share Mr. Throgmorton's pessimism, um, 48 additional units are in
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various phases of construction or planning in the College Green and Jefferson
Street neighborhoods. During this same timeframe, only a handful of homes have
been recaptured for long -term residents through the UniverCity program. At this
rate I don't see how we will ever achieve the healthy balance called for in the
central district plan. I'm afraid the status quo isn't working for neighborhood
stabilization. Thanks.
Hayek: (mumbled) Sarah.
Clark: Hi, I'm Jeff Clark. I guess I'd like to just say a few words about, uh, the project
I'm proposing there and uh, then I'm here for questions. Um ... um, this has been
a project that, uh, I've been working on for several months. Um, we did have the
`good neighbor' meeting. We met with the, I don't know, there might have been
a dozen neighbors there, and uh, I ... I took their input and I implemented it into
this plan. Uh, the ... the plan that's shown up there is ... there's a more current
version, and I'm sorry I don't have it with me, but there is a wall that we did
implement into the front that, uh, there will be a fence wall. You'll have, you
know, shrubs around it. It'll have ... it'll be brick; it'll be steel in it. It's a very,
very pleasing wall. There's also a, uh, sitting area out front there. Um, we're also
looking at putting some garages in, towards the back, to uh, make this property,
you know, a better property. More long -term tenants. Somebody might want a
garage if they're going to be there longer -term and not need to park outside.
Um ... I think it ... I think it'll be a very nice building when it gets in ... when it gets
done. Um, I ... I guess going to the zoning. The current zoning's CO -1, and as
Jeff brought up, prior, it would allow up to 21 bedrooms in there, and I ... I
recognize the issue with, uh, that zoning. I mean, it would be essentially seven
three- bedrooms that would go in there, and it would definitely be all students. At
least ... more than likely all students, I should say. Um, the one - bedroom seem
like a better idea, uh, to, uh, not promote as much ... I guess it gives a different
type of housing, uh, you know, professionals, couples, uh, so on. I had
experienced them living in one bedrooms. You get to the two bedrooms, the three
bedrooms, anything above that, you're... you're mostly students. Um, the RM -44,
if... if this property was maximized with RM -44, it could take up to 42 units. I've
agreed to 18 units. I think it's a good number. It only utilizes roughly a third of
the lot. So it's not a ... the building utilizes one -third of the lot as coverage, which
is less than what's allowed by 15% roughly. Um, so there's more green space
than usual. Um ... you know, I ... I just, I think it's a good project for the area. The
building that's there hasn't been rented for a couple years. Um, you know, this is
going to be a quieter building. On, uh, one of the buildings on one side of this
building is all four and five- bedroom apartments. Uh, the building on the other
side's all two bedrooms. This is one bedrooms, um, there'll be, you know, I think
it'll be a quiet building. It'll be a nice building for that area. Uh, as far as the fill,
the amount of fill that's going into the area, um, you're about 24 inches of fill that
would have to go in. So not a substantial amount at all. It's very gradual. Um, so
other than that I guess, you know, I ... I've tried to work with the neighborhoods.
And I've worked ... we've worked well, I mean, working with Sarah Clark and
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Nancy Carlson and ... and others, you know, it's ... it's been good and so, I mean, I
hope I can make `em happy. So, anyway, I'm here for questions.
Payne: I have a question, Jeff. Um, in the picture that's up on the screen right now, um,
where you come into the parking lot, where you have that green space going
towards the north on the ... on the east side there, it looks like the concrete extends
towards the north. Is ... is it really going to extend that far towards the north,
almost, you know, a third of the way through the building?
Clark: Yes. Actually... excuse me ... that is a shared drive right now, and it actually,
there's parking that goes to the east off of that driveway. So that's why it extends
there, cause the building next door has parking that comes off of that.
Payne: Okay. What I was worried about looking at this, is it looks like somebody could
actually park there and ... I, so people won't park there because they're using it for
the other...
Clark: Yes.
Payne: ...okay. Got it! Thank you.
Dobyns: Jeff, there was a mention in some of the Planning and Zoning Commission
minutes about, uh, a technique, and I've never heard of it, and I wondered if it has
any validity of, you know, for rental agreements not occurring with the academic
calendar but occurring, you know, during other parts of the year to maybe
emphasize people who might be more permanent dwellers. Um... any comment
on that?
Clark: I ... uh ... I ... I think that we'd be limiting business if we did that. I mean, I think
that the rental market around here turns around in August, and I think if we put it
into an off cycle we'd be looking for a possibility of a high vacancy in the
building for period... periods of time. So I guess my preference would be not to
go to an off - cycle, um, you know, we have professionals or couples that rent from
us for August, just, you know, just as much as stud ... I mean, students do in
August so I mean...
Dobyns: Okay.
Clark: I don't know if that answered your question or not but...
Dobyns: No, it did. Thank you!
Throgmorton: Jeff, I'm intrigued by what you said about the stone fence, but I have trouble
picturing it ... in ... in my mind, and then there's no image up there. Help me out!
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Clark: Um, there is a sorority on the corner of, it'd be on the north ... west corner of
Lucas and Washington. Um, I don't know, it's kind of an orangish building there.
And... and it has a, uh, kind of a low -lying fence that has, uh, brick corners with
kind of a wrought iron rail going through it and plantings on both sides. Um, kind
of just, you know, it...it makes it more glamorous in the front ... front there of the
sorority. Similar idea. Um, I don't have any pictures but I mean it's a, uh, you
know, I could say the fence would be roughly, you know, three to four feet tall in
areas, and it would ... it would go up and down and ... I ... I don't know exactly how
to explain it to you without showing you a picture. So, but uh, and then inside of
that there's a ... there would be some benches inside of there. It's a sitting area,
and there's plantings around, uh, a lot of the area there. So it's ... it's little ... it's a
little different than usual. It's a nicer area. It'd be a nicer setting for people.
So...
Throgmorton: I ... I hope this is a reasonable question. Stop me if it's not, Eleanor. You know
the questioning I ... the questions I was asking, at least several of `em, were trying
to get at the idea of...of, uh, what would make a, uh, building such as this really
attractive for longer term residents, and I think part of what would make it more
attractive is to have an enclosed semi - public, semi - private space in the front, you
know, with the wall you sound ... you described, sounds like it would help shape
that space, but also have places for the people to sit and you know perhaps a
garden as a part of it, so that it feels like a place that they actually live in, rather
than just rooms that they go to. You know? S o l ...I'm wondering if you've
given more thought to ... to that, about how ... how to make that kind of, those
kinds of, um, if you will, amenities to at least the front of the building that would
really attract longer term residents.
Clark: You know, I guess ... I guess as far as the thought that we put into this was
keeping more green space and still having an enclosed area for sitting. As far as a
garden, we haven't gone into... thinking about putting a garden in. Um, we did
try and keep more green space though so that there is, you know, more grass.
There's more area for ... for, you know, whether it's children or ... or students,
to ... to be around, to do things outside. So I guess that's where we were at on this
plan, so...
Throgmorton: Okay. Thanks.
Hayek: Thanks, Jeff.
Clark: Thank you.
Hayek: Still a public hearing. If there's anyone else...
Throgmorton: So, don't close it yet.
Hayek: Well I think we can ... the CZA is part of the next item so we can.
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Dilkes: Right.
Hayek: We can ... I think close this public hearing on the Comp Plan...
Throgmorton: Okay.
Hayek: ...take action and then take up the next. So I will close the public hearing at this
time. (bangs gavel)
2. CONSIDER A RESOLUTION
Payne: Move res ... move resolution.
Dickens: Second.
Hayek: Moved by Payne, seconded by Dickens. Discussion?
Throgmorton: (both talking)
Hayek: ... got comments but I think I'll share `em at the... at the next item.
Champion: Right! Me too.
Throgmorton: Yeah ... yeah, um ... I think I'm going to ... I guess I can say this. I think I'm likely
to vote against the rezoning, but ... but I ... there are things I could say as well but
I'll ... I'd rather defer what I say to the pub ... to the rezoning part of it.
Hayek: That's fine.
Dilkes: Well, just remember what you're doing with the Comp Plan amend (mumbled)
though is you're... you're be ... you're changing the designation in the Comp Plan
from office commercial to high density multi - family.
Throgmorton: Right.
Dilkes: Okay? And... and you have to zone consistently with your Comp Plan.
Throgmorton: Right, I understand so...
Dilkes: Okay.
Throgmorton: ... the majority vote will determine what that is, right?
Dilkes: Right. Right.
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Hayek: Yeah, I mean, I ... I will support this because... essentially because of the CZA
associated with the multi - family designation in the next item. So it ... they... they
do tie together for me. If there were merely a RM -44, as the next item, without
those limitations, I would not support this. (several talking) I want to (mumbled)
Throgmorton: But part of the dilemma for me is that I introduced a possibility that has to do with
purchasing the property and moving the ... this Bradley building to that property,
and I ... I don't even know if that's remotely feasible. I don't know if it's even a
good idea. I have no ... I'm not sure about either of those things. Uh, but it...it
strikes me as a possibility, and we have this building sitting over here that's going
to be torn down unless somebody moves it away and it's a, you know, structure
that would look like it would be consistent with, uh, the ... the neighborhood
immediately across the street from this site.
Hayek: I don't know if we can ... bootstrap that possibility into this, uh, this item. Maybe
you ought to just vote against this to (laughter) Jim to...
Dilkes: I think you can certainly have that conversation outside this ... this forum, but
we're talking about what's the appropriate land use designation for this particular
piece of property, and that's what we need to focus on now.
Champion: Well I have to agree though, um, I ... I'm going to support it but my problem is
I'm only going to support it because of the units that are going to be built (several
talking) If that's not going to pass then I don't want to vote the change to the
Comprehensive Plan!
Dilkes: That's what I was...
Hayek: (both talking) ... so that does raise a question...
Dilkes: ...right.
Hayek: This is a one vote item. It's not like we take it through three separate (several
talking)
Dilkes: Right.
Hayek: Right?
Dilkes: Right.
Hayek: Um, and so we run a risk, albeit for potentially a short period of time.
Champion: Can we postpone voting on ... 6?
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Dilkes: No, you have to change the Comp Plan before you can vote to rezone ... to rezone
(both talking)
Champion: Could we have the discussion about 6f before we vote?
Dilkes: you can ... you can have all the discussion you want now, I mean (both talking) if
you want to take the temperature of... of your colleagues (both talking) and find
out what their ... how they're going to vote, that's fine.
Champion: Before we vote on 6e.
Hayek: That's fine!
Payne: I agree with both you and Matt, that I will support the Comprehensive Plan
change because the other item has the CZA. So...
Mims: I'm in the same camp.
Champion: Yeah. So ... uh ... how do I handle this?
Hayek: Well yeah, if we're going to get our comments out on 6f (laughter) let's do it and
... and mine would be, I ... I'll support both the Comp Plan change and... and the
rezoning with this ... this CZA. Uh, am I excited about this? No. Um, but I, you
know, we're going from the prior, or the previous proposal of 41 bedrooms down
to 18. We're changing the type of bedrooms, um, I ... I think realistically given
this location and what surrounds it on the south side of...of Jefferson, um, it's not
realistic to expect, uh, an ow ... owner- occupied...
Champion: It's not going to happen.
Hayek: ... outcome here, and... and uh, you know, the .... the 44 would not be acceptable,
but for the limitations we're getting through the CZA. That's why we're going
through a CZA, uh, so that we can ... we can get those changes. Um, but standing
on it's own, RM -44 would ... would not be appropriate and it would be a departure
from what we're trying to establish. I think this is a tough spot for the City to
deal with, um...
Champion: The area you mean?
Hayek: Well this (several talking)
Mims: ...particular location.
Champion: ...particular location, that's what I meant.
Dickens: ...be a very expensive piece of land.
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Champion: You know I've driven by this several times, um, this came up a couple years ago,
and I ... I know this is going to sound strange coming from me, who's so
supportive of neighborhoods, I actually love this idea! It's 18 one - bedroom units.
You talk about Summit Street and Burlington, those aren't condos. Those are
apartments. The next building over is condos, but the one that's right on the
corner, those are apartments, and they're one bedroom. There might be a couple
two bedroom apartments in there, and we have a lot of students live in our area,
but they tend not to live in those buildings because they have a different... those
buildings have an attitude. They actually have an attitude, and that's what I see. 1
see some attitude in this, with the fence and the green space, you put some
garages in, that'd be fantastic, although those ones on Summit don't have any
garages. There's ... I think they park on the street. But I ... I really hate to say it,
but I'm actually excited about your project and I don't usually like your projects
(laughter) but I do like this. And thank you! Thank you for listening!
Mims: Well I think given the ... I'm sorry. I think given like Matt said what you have on
the east and west side of this, you know, you're really limited from a practical
standpoint, what anybody's going to put on that lot.
Champion: Right, exactly!
Mims: I mean, you're... you're not going to put a single family home in there. You're
not going to get an owner- occupied house, and I think given ... I think what most
of us have all said, given the CZA that this is going to limit this in perpetuity to
18 bedrooms on this site. So we can deal with RM -44 because of the CZA. I also
think that one bedroom is significant.
Champion: Oh I do too!
Mims: Because in... in my opinion, when you start dealing with one bedroom apartments,
you're talking about a totally different type of renter, in most cases. The 18 to 22-
year -old who wants to party, night after night after night, doesn't want to live in a
one bedroom (both talking)
Champion: They don't want to live alone.
Mims: They don't want to live alone, exactly. They want to be, you know, where
they've got plenty of friends living with them that they're very sociable and they
want to be that way all the time, and so I think this lends itself to whether it's the
more serious, quiet undergraduate; whether it's the graduate student, professional
student, or people who are already out of school and professional, want to live
close to downtown. I'm not saying we won't get any undergrads in there, but I
think you're... you're tending to focus (both talking)
Champion: There'll probably be engineering students though (laughter) Very serious!
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Mims: Excuse me! (laughter)
Dickens: I ... I rented in that area. Uh, I had a three -plex up on Market Street for many
years, 27 years, and they were all three ... three one - bedrooms. In fact I lived there
when I first got married. It's a ... the people I rented to with the one bedrooms
were all... one person rented for 16 years. And after I sold it, she finally moved
out cause she didn't like the new landlord, but she lived there for 16 ... most of the
people that lived in the one bedrooms that I had in that area all stayed a long time.
I would say an average of five years and they ... they weren't students. So...
Payne: And one thing that I think, the way that it's zoned right now ... what could be built
in there, wouldn't fit in the neighborhood at all. So I mean this fits, to me, this
idea fits in the neighborhood, more than what could be built in there with the
current zoning. So I think that this may not be optimal, but it's maybe the best
that we could do, for this specific lot. Unfortunately.
Throgmorton: So I ... I used to go into that building to see my doctor, Tony Colby, uh, so I know
the building pretty darn well.
Hayek: I used to mow his lawn up on Kimball Road (both talking)
Throgmorton: Yeah, and so (both talking) I was standing, hope you don't mind, Jeff, uh, I don't
know, I was standing in the parking lot a couple days ago looking back at the
building, and I noticed there are two holes in the roof and you know so the
building's got to come down. It's obsolete, I mean, we ... and it's falling apart
so ... so I totally recognize that, um, it's really not viable to keep it zoned CO -1.
It's not viable to re ... it's not good for the neighborhood for that building to
continue to stand where it is. It'll just fall apart. Uh ... the site feels dead right
now. I think we could do a lot more with it, uh, I think we're in an imperfect
situation, uh, it ... it's definitely what I think Jeff's done good work in connecting
with the neighborhood, uh, the neighbors. I appreciate that a lot. Uh... and I
recognize that nobody will benefit from leaving this site as it is right now. Uh,
and that his, I think his proposed building will be far better than what had
previously been proposed. So I ... I get all that, I recognize that, but I think his
proposed structure will not do enough to enhance the block or enhance the
neighborhood. I don't think it'll do enough to attract long -term residents. So, I
think we ought to have a... some more, another condition basically attached to
this, but I don't sense any sentiment for that whatsoever. So, I'm not going to
push it. So, Jeff, I'd just like to appeal to you to think a bit more about how, uh,
basically the front of the building can be enhanced, uh, to make it really attractive
for longer -term residents, and if you do that, that'll be a very strong signal that
you could be sending to, uh, the ... the people of our town, the people of the
neighborhood, and ... and all that. So, with that ... with that idea in mind, I'm
going to vote for the rezoning. But I ... I really hope you think that through and
maybe adjust your project a little bit ... to address those kinds of concerns.
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Hayek: Further discussion? Roll call, please. Item passes 7 -0.
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ITEM 6f REZONING ON JEFFERSON STREET - CONDITIONALLY
REZONING APPROXIMATELY 0.465 ACRES OF LAND FROM
COMMERCIAL OFFICE (CO -1) ZONE TO HIGH DENSITY
MULTIFAMILY (RM -44) ZONE FOR PROPERTY LOCATED AT 821 E.
JEFFERSON STREET (REZ12- 00030). [Discussion only at formal meeting]
1. PUBLIC HEARING (If there is an indication that the Council will not
accept the Planning & Zoning Commission's recommendation an
opportunity for a joint meeting with the Council and the Commission
is required.)
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) I've already
asked for ex parte. Do you need a ... I will open the ... the hearing but ... I think
everybody here who wanted to weigh in has done so. Yeah, I will close the public
hearing. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Dobyns: Move first consideration.
Dickens: Second.
Mims: Second.
Hayek: Moved by Dobyns, seconded by Dickens. Discussion?
Throgmorton: For the reasons just described in the spirit just described I'll vote yes.
Hayek: Roll call, please. First consideration passes 7 -0. Why don't we take a five -
minute break and come back and take up the rest of the items. Thank you.
(BREAK)
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ITEM 6k MACKINAW VILLAGE PART FIVE - RESOLUTION
APPROVING THE FINAL PLAT.
Mims: Move the resolution.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion? Uh, public's information, this
will allow development of Mackinaw Village, Part Five, which is an 8 -lot, uh,
3.95 acre residential subdivision located on Mackinaw Drive. Uh, further
discussion? Roll call, please. Item passes 7 -0.
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ITEM 7. ASSESSING A $300.00 CIVIL PENALTY AGAINST ALSAFA MARKET,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013).
a. CONDUCT HEARING
Hayek: This is a public hearing ... or this is a hearing (laughs). The hearing is open. I'll
turn it over to the, uh, County Attorney's office.
Chappell: Good evening. My name is Andy Chappell. I'm Assistant County Attorney and
as you recall we, uh, sort of administer these civil penalties for the City of Iowa
City. We have, actually I think we're down to seven of these tonight. An
inordinate number of, uh, of folks who unfortunately sold to minors this time
around. We'll try to get through them quickly as you are comfortable. I will give
you a quick summary, reminder of...of why you're here. Iowa Code, Section
453A.22 provides that when an employee ... or when a ... when a retail business
sells tobacco to a minor, that retail business then, in addition to any criminal
penalty that attaches to the individual clerk or person who sold the tobacco to a
minor, the business is also assessed a civil penalty. You are here tonight to
determine whether those civil penalties are assessed. Now the only thing from my
perspective that is relevant as to whether you should assess that civil penalty is
whether the individual in question sold or provided tobacco to a minor, because
we wait to bring these to you before some ... we wait until someone has pled guilty
to that charge, or been found guilty. It's basically like strict liability. There's not
much in dispute at that point. Um... if you... you don't have any discretion as far
as I'm concerned, my opinion, uh, as to what the actual civil penalty is. That's set
fort ... set forth very specifically by Section 453A.22. You do have some discret...
well, a fair amount of discretion about the timeframe of allowing folks to pay that
and in the past I can think of a couple instances where you have answered a plead
by a particular business to... say, look, we'll pay the civil penalty, we need a little
more time; we're a small business, that sort of thing. That's entirely within your
purview, but as far as the amount and as far as whether the ... the civil penalty
should be assessed, I think unless you're not convinced that someone sold tobacco
to a minor, I would say you should vote to approve the ... the resolution assessing
the civil penalty. Um, and (mumbled) asked this. I've had ... I handle these for
every city in Johnson County, uh, and at one point there ... I can't remember if it
was Swisher or Shueyville just didn't want to do these because they only had I
think one... one business in town that sold cigarettes. If you... if the City Council
doesn't move forward on them, the point is the State will come in and move
forward on them and they'll force the issue. I think it's tied... at one point it was
tied to tobacco money that they wanted to make sure they were done. So the
statute, if the City Council doesn't actually move forward with the civil penalties,
the State gets the jurisdiction back to do so. So we, in cooperation with the City
and all the cities, have just sort of administered them for everyone. With
that ... um, we have Alsafa Market. They had an employee or I think perhaps the
owner who sold tobacco to a minor. The only ... there is one thing that's unique
about Alsafa Market in which they actually didn't have a retail cigarette permit.
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Um, so that ... there was an extra, uh, criminal penalty quite likely assessed but
um, the code section still applies, still ties you back to 453A.22. So ... our
recommendation is that the City Council assess a $300 civil penalty, and I know
the owner of Alsafa Market is here as well.
Hayek: Okay. If the owner would like to step forward and address the Council, that'd be
fine.
Ibrahim: My name is, uh, Nasrer Ahmed- Ibrahim. Um, from the Middle East, uh, excuse
me if my accent is a little bit difficult to understand me. Uh, I have been
(mumbled) (difficult to understand) in Coralville and uh (difficult to understand)
and I never sold tobacco for, uh, anybody (difficult to understand) and uh the case
why I am here, uh, on December 19th and something had been by accident. What
this mean by accident, I was almost closed, the store. I was turning off the lights
and (unable to understand) sign that I close my store and also I (unable to
understand) family at that time, just to leave the store. This one guy he came to
my store (unable to understand) winter time. He cover his hat, he moved the hat
like that, and I never ... he asked me, uh, do you have any, uh, Hookahs flavor and
I just answer him yes, and (unable to understand) leave the store and uh ... and I
have no doubt that he is under... underage and unfortunately this had been by
accident and I gave it to him and just I'm almost (unable to understand) uh, to
leave, uh, just to (unable to understand) ...under 18. 1 told him, uh, that means I
have no doubt that he was under 18 and he asked me about the license, uh, do you
have the permit for, to sell uh ... Hookahs flavor and I swear to God I have ... until I
sold it, I ... I have no idea that is the Hookahs flavor. The Hookahs flavor just
comes from the Middle East. It was a food. I didn't...we didn't buy it from here.
It comes through the Middle East food and I have no idea this is going to be under
alcohol or something like that to have a permit and also the store has been in
the... inspected by the Health Department several times and they never ask me to,
uh, they ... they have inspected the store twice a month, twice a year. Uh, never
ask me to, uh, do you have a permit for that and uh, and that make me just, you
know, that uh, to ... that is ... a ... alcohol or hookahs flavor, uh, it has to be ... has to
have a permit or something like that, and also this guy, I have no ... again, I have
no idea ... I have no doubt that he's under age. He's very tall guy. He's
(mumbled) he wore the hat like that and ... I didn't (mumbled) I turn off my light,
almost the light off, just except the bit on the, uh (mumbled) and just I .... just to, I
sold it for him just to try to ... to leave the store very quick. I have a ... small
family with me and my wife. She, at that time, I swear to God she has a migraine
headache. I was worried about them (difficult to understand) uh, 8 and 6 and 2
years, and just I was hurrying to see ... to take care about them (unable to
understand) so uh, again, and uh ... I ask you just to, uh, to avoid that this is
(unable to understand) I can do training, I can do everything, and find ... uh, I'm
doing (unable to understand) it is never happen again. Thank you.
Hayek: Thank you, sir. I ... we appreciate your explanation. Um ... I don't know what the
Council will do here but I ... I ... hope you heard what the County Attorney told us,
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which is that, um, the uh ... the City does not have much of a choice here, um,
if... if there was either a guilty, uh, plea or a... or a finding of guilt, it's part of the
State code and... and the City does not have flexibility to not determine not to,
um, impose this. Um, so I ... but I appreciate you coming to us and explaining
what occurred that evening. Um, it's an honorable thing to do, so...
Dobyns: Connie, can I ask you a question, just over your years here and all the times that
you have people, um, bring forth petitions, you know, some good stories, some
maybe not so compelling, um, recognizing this can go to State, I'm just getting a
sense, um, have we ever, you know, voted no or changed.
Champion: No!
Dobyns: What's been our pattern?
Champion: Because the State will just get the $300 then, or they'll come after it. But we have
helped people make payment plans.
Dobyns: Okay.
Throgmorton: I think we did that last year (several talking)
Dobyns: ...recall something.
Champion: If people can't afford it, uh, don't have ... $300 is a lot of money to a lot of people.
We have allowed payment plans, but we've never not upheld the penalty. That I
can remember.
Dobyns: Well I would be interested. I think this is a compelling but I'm trying to
(mumbled)
Dilkes: Well I ... I think as, um, the Assistant County Attorney told you, the ... the only
thing that's relevant is whether, um, there was a sale to a minor, and once you
have a guilty plea or a finding of guilt, you've got a determination beyond a
reasonable doubt that that occurred.
Dobyns: Yeah, and that's not what I'm offering, but that's ... I know that's what's before
US.
Dilkes: But ... and that's... that's really the only ... that's all there is in front of you.
Champion: ...want to do something else.
Throgmorton: But... but you're wondering if... if... if it would help that, uh, we have, uh, arrange
a payment plan basically instead of (both talking)
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Dobyns: ...uphold the penalty in full. I'm just trying to think of some way to soften it
consistent with the petition of the plaintiff.
Champion: Right.
Dilkes: Yeah, you can, I mean, you can certainly (both talking)
Dickens: Over three months.
Throgmorton: Yeah, I think if...if that would be helpful for the owner, I'd support that.
Dobyns: Yeah. But I'm not sure how to fashion this, Eleanor. Um...
Champion: Well then ask him! (several talking) Ask the owner.
Chappell: In the past when you've provided additional time to pay it, we ... we, uh, amend
the resolution um, and if you just tell us ... I think as it exists it says it has to be
paid, the civil penalty has to be paid within 20 days. Paying it on time is,
however, important, because the statute provides that if it's not paid in a timely
manner, if it's not paid on time, then there's an additional 14 day suspension that
happens automatically. So we just want to make sure that however much time
you give the business owner, it's enough time for them to actually pay it, because
if they don't pay it in a timely way, you have to either amend the resolution, bring
it back on your agenda, or they're going to get an automatic 14 -day suspension.
Hayek: What ... what has been our experience with, um ... payment plans?
Dilkes: I ... I think we've only done it in ... on one occasion that I can remember. Um, and
I don't...
Karr: And we did not get payment. They closed.
Chappell: We did two that I recall. One was a long time ago with, uh...
Karr: I'm talking about the last one.
Chappell: Yeah. Whatevawecandeliva?
Karr: Yes.
Chappell: You may remember them. Um, and they got some (laughter) additional time and
uh, that was the time of...
Payne: What was the name of that place?
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Chappell: Whatevawecandeliva. That's exactly how it was spelled (laughter) I'm not...
(several laughing and talking) Um...
Champion: That was before my time, I think.
Karr: That was a long time ago.
Chappell: And the second was, uh, the more recent one with Zombies. They're... we'll see
Zombies again tonight, but it's a new owner.
Karr: New owner.
Chappell: And you gave them, I think somewhere of three months, and it... it either wasn't
enough for the business plan didn't work out (mumbled)
Hayek: Sir, may I ask you ... would it ... would it help if, uh, the repayment were extended
out over a longer period of time? That ... the $300? Would that make a difference
to you? Is that something you would have interest in?
Ibrahim: Uh, I guess I ask you just to avoid it, this $300 because I already make (unable to
understand) with a judge today, uh, $195 for the (unable to understand) This is
for the underage, and I (unable to understand) $195 I paid and I still I have
something I have to pay monthly and uh ... and just I can do anything, just, uh,
training or uh, and by the way, since this is, the case (unable to understand)
hookahs flavor or alcohol or any ... any kind of that. So many people .... they came
after this guest to ask me do you have, and I had but I didn't sold it. I told them I
don't have the license and also, uh, so I just ... I just am going to (unable to
understand) until I make a decision to ... to make the permit, to make the license or
not. Now I don't have any, uh, any hookahs flavor in my store and yes I ... yes I
ask you yes to, uh (unable to understand) but financial...
Hayek: I ... I understand, but what we need you to understand is we don't have a choice.
We have to impose the $300 penalty. The only thing we can do is ... lengthen the
amount of time you have to pay it. And my question to you is ... is that something
that would help you that you would be interested in.
Ibrahim: (unable to understand)
Hayek: For example, over a period of say three months as opposed to a shorter period of
time.
Ibrahim: Okay.
Hayek: Is that something you ... you wish to ask of...of the Council? That's really the
only thing we can do to lessen this for you.
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Ibrahim: I can making just for six months, $50 and (mumbled) just as I do, uh, to give
the ... the (mumbled)
Hayek: Okay, thank you. We ... we understand it, so now the Council will have to decide
(mumbled)
Dilkes: I think we don't want to do like a $50 per month thing. We just want to set a time
when the whole thing is due, cause that's going to be too difficult to kind of...
Dobyns: I would offer we do the resolution with a three -month payment schedule. Can do
that?
Dilkes: that it's due, the payment is due in three months?
Dobyns: Three months.
Dilkes: Yes.
Dobyns: Yes, I would ... I would move that resolution.
Payne: Second.
Champion: I...
Hayek: Okay, uh, so ... we're going to consider the hearing closed, unless there's anything
else that Mr. Chappell, you need to add?
Champion: can he ask for $50 a month for six month?
b. CONSIDER A RESOLUTION
Hayek: Hold on, let's get this on the floor. So ... so the motion is from ... the motion's
from, uh, Dobyns, seconded by Payne to, uh, to impose the penalty and to allow it
to be paid within three months.
Dobyns: three months.
Hayek: So now we can discuss.
Champion: Well, he's not selling it, the stuff anymore. And ... I think he asked for six
months, $50 a month for six months.
Hayek: And what Eleanor's telling us is that we should not get into a per -month thing
(both talkng)
Champion: I know, but...
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Hayek: ...it should just be a period of time by which.
Champion: I would like to amend your amendment or your motion to six months.
Dobyns: No.
Hayek: Any further discussion on the pending, uh, resolution... or pending motion? Roll
call. Item passes 7 -0. Sir, you'll have a period of three months, and I don't know
from when, but you'll be, I assume, notified of that, uh, by which to pay the $300.
Thank you.
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ITEM 8. ASSESSING A $300.00 CIVIL PENALTY AGAINST THE SPIRIT
TOBACCO AND MORE DB /A HOOKAH COVE, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2013.)
a. CONDUCT HEARING
Hayek: This is a hearing.
Chappell: This is another first, uh, violation for the Spirit Tobacco and More doing business
as Hookah Cove. A $300 civil penalty is what we recommend. What's required.
Hayek: Is the Hookah Cove here? Okay. Does not appear that they're in the room.
b. CONSIDER A RESOLUTION
Payne: Move resolution.
Mims: Second.
Dickens: Second.
Hayek: Moved by Payne, seconded by ... Mims. Discussion? Roll call, please. Item
passes 7 -0.
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ITEM 9. ASSESSING A $300.00 CIVIL PENALTY AGAINST THE IN ZONE,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013).
a. CONDUCT HEARING
Hayek: Item 9 we got in our late, uh, packet, uh, a waiver of hearing from this, uh, place.
I'll go ahead and read it. (reads Item 9) Why don't we entertain a resolution to...
Karr: To accept the waiver.
Hayek: To accept the waiver.
Karr: And payment.
Champion: (several talking) the waiver.
Throgmorton: Second.
Hayek: Moved, uh, by Champion, seconded by Throgmorton. Discussion? Roll call,
please. Item passes 7 -0.
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ITEM 10. ASSESSING A $300.00 CIVIL PENALTY AGAINST KUM & GO #52,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013).
a. CONDUCT HEARING
Chappell: And this particular business has been there a long time. They've had other
penalties but this is the first one in quite a few years, so it's treated as a first
penalty. Another $300 civil penalty.
Hayek: Is Kum & Go here this evening?
Payne: Move resolution ... oops! I'm sorry!
Hayek: Have at it!
Payne: Move resolution.
Dickens: Second.
Mims: Second.
Hayek: Uh, moved by Payne, seconded by Dickens. Discussion? Roll call, please. Item
passes 7 -0.
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ITEM 11. ASSESSING A $300.00 CIVIL PENALTY AGAINST SOUTHSIDE
LIQUOR AND TOBACCO, PURSUANT TO IOWA CODE SECTION
453A.22(2) (2013).
a. CONDUCT HEARING
Chappell: First violation, $300 civil penalty.
Hayek: Is Southside Liquor here in the room? Michelle.
b. CONSIDER A RESOLUTION
Payne: Move resolution.
Dickens: Second.
Hayek: Moved by Payne, seconded (laughs) by Dickens. Discussion? Roll call, please.
Passes 7 -0.
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ITEM 12. ASSESSING A $300.00 CIVIL PENALTY AGAINST THE
CONVENIENCE STORE, PURSUANT TO IOWA CODE SECTION
453A.22(2) (2013).
a. CONDUCT HEARING
Chappell: It's their first violation within a two -year period, so it's a $300 civil penalty.
Hayek: Is the Convenience Store here in the room?
b. CONSIDER A RESOLUTION
Payne: Move resolution.
Dickens: Second.
Hayek: Moved by Payne, seconded by Dickens. Discussion?
Throgmorton: Got this thing going!
Hayek: Roll call, please. Item passes 7 -0.
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ITEM 13. ASSESSING A $300.00 CIVIL PENALTY AGAINST TOBACCO BOWL,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013).
a. CONDUCT HEARING
Chappell: Another where this is their first violation within a two -year period, so it's a $300
civil penalty.
Hayek: Is the Tobacco Bowl here this evening?
b. CONSIDER A RESOLUTION
Payne: Move resolution.
Dickens: Second.
Hayek: Moved by Payne, seconded by Dickens. Discussion? Roll call, please. (laughter)
Item passes 7 -0.
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ITEM 14. ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013).
a. CONDUCT HEARING
Chappell: This is a new permit, the same business name has a prior civil penalty, so it's
treated as a ... as a first violation for them, and a $300 civil penalty.
Hayek: Is Zombies here this evening?
b. CONSIDER A RESOLUTION
Payne: We're all zombies, but I'll move the resolution.
Dickens: Second.
Hayek: Keep your day job! (laughter) Moved by, uh, Payne, seconded by Dickens.
Discussion? Roll call, please. Item passes 7 -0. Thank you, Mr. Chappell!
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ITEM 15. AMPLIFIED SOUND IN CITY PARKS - ORDINANCE AMENDING
TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND
PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC
ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND
IN CITY PARKS. (SECOND CONSIDERATION)
Mims: Move second consideration.
Hayek: Expedited action is, uh ... requested.
Mims: Oh, I'm sorry! Hang on a second!
Hayek: Yep. You're always the one who does it, so you gotta hope you have that blue
card! (several talking)
Mims: I move that the rule requiring that ordinances must be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, that the second consideration and vote be waived, and that
the ordinance be voted on for final passage at this time.
Payne: Second.
Hayek: Motion to collapse from Mims, seconded by Payne. Discussion? Roll call,
please.
Mims: I move that the ordinance be finally adopted at this time.
Dickens: Second.
Hayek: Pass and adopt moved by Mims, seconded by Dickens. Discussion? Roll call,
please. Passes 7 -0.
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ITEM 18. CITY COUNCIL INFORMATION.
Hayek: We'll start down with you, Dr. Dobyns.
Dobyns: No.
Payne: I just wanted to mention that, um ... April is National Dig Safely Month, and I
wanted to remind everybody that's doing spring projects that are ... that requires
excavation to call 811 before you dig!
Dickens: Nothing!
Mims: Nothing.
Throgmorton: Two things! On Wednesday, April 10th, Julio Cesaer Perez Hernandez, who's one
of the leading architects in Cuba, uh, will present, um ... uh, a talk called "Havana,
the Magic of Architecture and the Poetry of Design." From 4:30 to 5:30 P.M. in
Phillips Hall. Room 315. And the talk is free and open to the public, should be
pretty darn interesting I think. The other thing is, sorry, uh, I grew up in
Louisville, Kentucky (laughter) I ... I attended (several talking) I attended the
University of Louisville and I should have worn my U of L Cardinal sweatshirt
because man they played a good name last night!
Champion: How many schools did you go to?
Throgmorton: Oh ... five! (laughter and several talking)
Payne: Yeah, how are they doing? How ... how are the women doing?
Throgmorton: I don't know. Rick? You're the one that's online all the time. (several talking)
Dobyns: ....you're the Cardinal fan!
Throgmorton: It was the best ... Matt and I were talking about it. It was the best basketball game,
championship game, I've ever seen. It was just superb, and Michigan played
great, and...
Payne: It was a good game!
Hayek: Well, as a guy with two degrees from Michigan, uh, game well played. (laughter)
Uh, very briefly, Mission Creek Festival wrapped up last weekend. It was another
successful year. I talked to Andre Perry. They thought they were pushing 15,000
attendees, and I was at a concert Thursday night at the Englert and it was just
packed! The town ... the downtown was great. So ... another ... another great year
for that festival!
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