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ITEM 1. CALL TO ORDER.
Hayek: Welcome to the Iowa City City Council regular formal meeting of May 20, 2014.
Roll... Item... Item 1 is, uh, roll call. (roll call taken) Uh, before we move on, I
just want to take a moment to, uh, remember North Liberty Mayor Tom Salm who
the community knows passed, uh, this past weekend, very unexpectedly and
tragically. Um, we all knew Tom and, uh, I knew him fairly well and he was... I
considered him a friend. I think, uh, Mayor Salm was a remarkable man. Um, he,
uh, I think he represented the essence of good local government leadership. He
was decent, um, he was trustworthy, uh, he was affable. Um, he was informed.
Uh, and he was a very good, uh, person to work with. And uh, I know there are a
lot of heavy hearts in the community, uh, here at the City of Iowa City we feel,
uh, that sense of loss, uh, and I know I speak on behalf of the City when I say our
hearts go out to the family of...of Mayor Salm, as well as to the City of North
Liberty. And if anyone else wants to say anything, you certainly may. (pause)
Okay.
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ITEM 2. STUDENT CITIZENSHIP AWARDS — Longfellow Elementary
Hayek: Would the students from Longfellow please... please come forward! Hi guys,
how ya doin'? Good! Well, I'm Mayor Hayek and this is the City Council
behind you. Have you ever been down here? Pretty exciting place, let me tell ya!
(laughter) Now you ... how many days left of school do you have? Anybody
counting? Twelve? Okay! I expected a very exact number. I would think you'd
be (laughter) counting the days and hours. I know my kids are! Well, we're glad
to have you here. Um, what we do throughout the school year is invite, uh, the
students from the various elementary schools in Iowa City who are nominated by
their schools for, uh, these Citizenship Awards, to come down to City Hall, and
it's an opportunity for us to meet you and for you to tell us a little bit about
yourselves and just a great way to get our meetings started. So I see you each
brought your piece of paper — that's the first step so congratulations! And I think
what I'll do is just hand the microphone to each of you and you can read your
piece! Thank you!
Kahle: Hi, my name is Mya Kahle and I'm a sixth grader. Being a good citizenship
makes my school in Iowa City a better place. I show good citizenship by doing
helpful things around the com ... community, like holding bake sales with my girls
on the run team and donating the profits to local... profits to local shelters. I make
my school Longfellow a better place by following all the rules of pride — peace,
respect, integrity, dependability and excellence. I also educate others about
bullying in my school's upstander group. Outside of school I have participated in
the Iowa City girls' choir for three years. My family and my school have taught
me how to be a good citizen. Thank you Mr. Pazarak and Mrs. Lucas for
nominating me, and thank you for this award. (applause)
Meaney: Hi, my name is Zoe Meaney. I'm a fifth grader. I believe I'm a good citizen.
Some reasons are I donate canned foods to the Homeless Shelter and Crisis
Center. I have baked and helped serve food at the Wesley Center's free lunches.
I also donate money and supplies to the local Animal Shelter. I am in a group
called 4 -H where I have also done many service projects, such as donating food to
the Ronald McDonald House and sewing hats for the Children's Hospital. I look
forward to serving Iowa City in the future. Thank you. (applause)
Miller: Hello, my name is Andre Miller. I go to school at Longfellow Elementary and
I'm in fifth grade. I will ... I would like to thank my teachers and the City Council
for this wonderful opportunity. I'm a great citizen because I have participated in
many walks, including the Hospice Walk for Dignity, and the Crop Walk, that
help people in our town and all over the world. I walk or bike to school most of
the time to save gas, help prevent global warming, and to get exercise. I have
volunteered at Crowded Closet, where I vacuum and tag close... clothes, after
hours. We grow most of our own vegetables, help prevent as much imported
food. That's what makes me a great citizen. Thank you. (applause)
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Hayek: Those are fantastic, and I don't know how you keep up all your school work and
do all these things for the community, but we're proud of you and we appreciate
what you do, and you know, one reason we bring you down here is cause we want
to show you off, and ... and, uh, that's the opportunity, uh, we have tonight is to
show you off and also to thank your parents and your teachers and the other
people who help you at school, but we want you to be a lesson to everybody else
at Longfellow and throughout the community and you clearly are, and I
encourage you to keep up all the hard work and some day we'd love to have you
sit up here and help us make decisions on the City Council. So we have what's
called a Citizenship Award and I have one for each of you, and it reads as
follows: For his or her outstanding qualities of leadership within Longfellow
Elementary, as well as the community, and for his or her self... 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, May 2014, and Mya, I have one for you, and Zoe ... and Andre, and
let me shake your hands here. Congratulations (applause) thank you for coming
down, and have a great summer!
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ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Payne: Move adoption.
Dobyns: Second.
Dickens: Second.
Hayek: Moved by Payne, seconded by Dickens. Discussion?
Throgmorton: Matt, I'd like to note that, uh, we're setting a public hearing for June 17th about
the, uh, proposed annexation of approximately 40 acres...
Hayek: Yeah.
Throgmorton:... out on, um... Herbert Hoover Highway, and then rezoning that property.
Hayek: Glad you did it; I was about to mention that. That's Items 3e(1) and 3e(2), uh,
those public hearings are for June 17th, uh, they were originally an earlier date in
June. Thank you, Jim. Any other discussion? Roll call, please. Passes 7 -0.
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ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: This is the opportunity at each City Council meeting for members of the public to
address the Council on items that are not on the agenda. So if there's something
you'd like to bring to our attention, uh, that is not on the agenda, we invite you to
come forward. We ask that you sign in; also verbally give us your name; and to
please limit your comments to five minutes or less.
Gravitt: My name is Mary Gravitt, and I've been here several times about the shelter in
front of Aldi's. Now, um, I went to the shelter. There's a seat, but there's a half -
bench in the shelter. Now we have a three -sided shelter, no way to keep the
weather out, and half a bench. When I first saw it, I became angry. Then I
thought about... it was funny, you know, we got half a seat. Then I realized, that's
how class works. Coming from Philadelphia, I think everything's about race
(mumbled) Paul on the Road to Damascus, it's not about race. It's about class!
Cause only poor people gonna sit on the bench. I remember one time I was here
and there was a man who worked for the City, and his job I guess was to make
sure everybody's trashcan was off the street, and he was up in the neighborhood
someplace and he stayed up here for 20 minutes back and forth, but I noticed
something. It's a landlord down here, right across the street, in the old library
who keeps his trash and garbage cans out 24/7. So he has two dumpsters out
there on the sidewalk, and according to the overlay, they're all on his property,
but they're up on the sidewalk where people have to pass by and smell the
garbage in the summer. Now why are those people on the other side of town
being harassed, when this landlord — he collects $2,000 a month from each tenant.
That was base when he first opened the place. He got $2,000 a month rent and he
doesn't have to take his trashcans off the sidewalk. There's room in that alley for
those trashcans to go up in the alley. But he's not harassed... because of his class.
His lawn looks like he's raising goats. Look at the lawn, the lawn is bald. On the
other side looks like he's raising cows. It used to be dog poop over there, but I
guess he trained the tenants not to let the dogs poop on there, but go on the
sidewalk someplace else. Now I think it's ... it's a class thing — it must be! He
doesn't have to adhere to the law about putting your trashcans and your garbage
cans up the alley. And when you walk on the other side of the street, the
sidewalk's cracked! When you come up to the ... to the, where Washington meets
Linn, the curb is hanging off! You mean nobody in the City Sanitation
Department can come, take the curb, put the curb in the trash, because I know
citizens cannot do it, because they'd be wrecking City property, and furthermore,
I'm talking ... I want to talk about SEATS again. I think SEATS deserves an Ad
Hoc if the Senior Center gets an Ad Hoc, and it's election coming up on June the
3`d, and the person with all the mouth that help ... that helped the disabled lose
their SEAT funding is running again. I voted for this person cause this person
was different. She was different all right. She put the knife in and twisted it, and
we lost the SEATS funding, arguing about some dog, animal shelter, and I got a
letter today from this thing called LEAP. This man ... it's called ALEA at other
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places. He gave a million dollars to the University of Iowa for senior citizens, uh,
intellectual education, whatever. LEAP's going out of business in June. They
had a million dollars. They'd did better giving that million dollars to the Senior
Center. The Senior Center beat them out cause we offered better classes at free,
what they were charging for. And it has something to do with the aging problem.
So I mean University of Iowa with all their contacts, all their influence, all the
way up to the Governor's office couldn't keep a senior citizen program going, but
our program is still going. Our program is still under attack, and like I said, how
it went down, how we lost the funding was a disgrace! Arguing over a ... a frat
boy arguing about somebody they went to school with. Hey, you keep your
private arguments home! Disabled, need a place, some place that ... a ride that
they can afford. It's going up 100% in July, and I didn't know that you had
stopped the Sunday rides, cause the weather kept me from City Council. But this
is ... these are my complaints. How it's class operating around here that the poor
gets half a bench. When ... and get three walls, when all the other shelters in town
have three ... and three- quarters, even Walmart's supposed to be so rotten, at least
they let you in and out the weather because there's a front to their shelter, and a
whole bench! So we only deserve a half a bench. I wish everybody who drive
(mumbled) just come and look at it! I mean, you ... you'll get some amusement if
you get nothing else. Thank you!
Hayek: Thank you for the comments.
Scott: Hi, my name's Sally Scott. I live at 205 Blackspring Circle, uh, here in Iowa
City. And um, I have a question actually, uh ... I'm wondering whether there's
still a public hearing on Item 5b, uh, the affordable housing in Riverfront
Crossings, and if not if I should make my remarks now.
Hayek: Well, there ... that is scheduled, but at our work session, because there appears to
be, uh, a majority of the Council that wishes to defer that item...
Scott: Uh huh.
Hayek: ....the decision I think we made was to defer both the public hearing and the
action ... to a subsequent date.
Scott: Okay. Uh, well I'd like to make some comments now then, if that's (both talking)
Hayek: Yeah, if City Attorney's okay with it I am!
Scott: Okay, thank you! Um, I want to wish you all a good evening. Um, I'm here on
behalf of the Johnson County Affordable Homes Coalition. And the members of
our coalition have been testifying since January of this year to the Planning and
Zoning Commission on behalf of affordable housing in Riverfront Crossings.
Um, we strongly supported what, you know, what was on the agenda, the
proposed amendment to the Master Plan and the letters in your packet, uh,
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outlined why we advocated for and support this addition. Now I know that you,
um, also agreed on May 6th to, um ... to have City staff and the Planning and
Zoning Commission, uh, discuss or consider inclusionary zoning and other
affordable housing incentives into ... putting those into the form -based code, and
um, we also, uh, support that, um, thought we would love to have a chance to talk
about it more fully, and I'm sorry that there won't be that chance tonight. Related
to affordable housing with Riverfront Crossings, I'd like to make three points.
First, provision of affordable housing, uh, in Riverfront Crossings, or really
anywhere else, is not a gift or a favor that we provide to those who are less
fortunate, though it certainly benefits people, but it's really a building block to
support stable families and a stronger community. Uh, we're in a situation now
with extreme shortage of affordable housing. Less than 1% vacancy in our rental
rates, and we're really, um ... making it harder, much harder, for people who make
less than 80% of area median income to find an affordable home. Now who are
those people? Uh, they include all kinds of people who are critical to this
community — teacher's assistants, nurse's aides, wait staff, construction workers,
janitors, landscapers, musicians, painters, yoga ... yoga teachers. If we are pushing
these people away, we're weakening our community when instead we should be
strengthening and ... and stabilizing it. I lived in Baltimore, Maryland for over 20
years and, uh, I hate to say anything bad about it — it's a wonderful town in many
ways, um, but it's deeply and violently divided by race and class. And ... we are
so fortunate here to have a strong economy, a low unemployment, and a high
demand for housing. It's a lot of strengths to build on, and we have the
opportunity to avoid, as the city grows, which it is doing, to avoid that fate of
dividing ourselves, by race and class. We can make our economic success
inclusive, not exclusive, and I think in Riverfront Crossings we can make a very
important step in this direction. Second point, I think the responsibility, and not
me — the Affordable Homes Coalition as a whole, uh, the responsibility for
creating affordable homes is a shared responsibility. Like you, we want this to be
a regional priority. That is the ideal, but I don't think we need to wait, urn ... for
the region to act to take some important steps in the right direction. I think
Riverfront Crossings could show the rest of Johnson County how we can connect
affordability to economic growth. We know it's not easy. Making more homes
affordable requires new construction and also preserving the affordable homes
that exist. We'll need to get federal, state, and local public dollars and tax credits,
as well as for - profit and non - profit development expertise. We'll need
philanthropic dollars ... um, from wealthy individuals, religious organizations, and
foundations. We will need to build high - performing partnerships between the
public, private, and non - profit sectors to attract resources for this work. But I
think all of that can only happen if we share responsibility, if we see this as a
priority for our community. The good news, my third point, is that we have
expertise in this area. We have wonderful, um, you know ... have a very good
Housing Authority. We have, uh, excellent non - profits who do this work, and in
...within our government, there's been a lot of thought given to this issue. The
2011 to 2015 City STEPS documents makes very specific recommendations to
increase the number of affordable homes in Iowa City, and I think part of the
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process should be considering which of those will work in Riverfront Crossings.
To me the top three that are in City STEPS, uh, include mandatory inclusionary
zoning, encouraging the development of new housing tax credit projects making
that possible, and treating non - profit organizations that specialize in affordable
housing as a special class of developer. They've got a lot of expertise, but
they've got some barriers, as well. Um... so to sum it up, we've got this great
opportunity in Riverfront Crossings to, uh ... build on Iowa City's strength and
growing economy to include people at 80% below median income in that growth.
We have, uh, the really responsibility to share that work among our public,
private, and non - profit sectors ... to strengthen our community socially and
economically, and while we do need to be creative — this is tough work — we
already have some very good ideas in our plans, and these ideas have worked
elsewhere. I think what we need to do is commit the resources and the political
will to put these ideas into action. Thank you very much.
Hayek: Thank you for your comments!
Bergus: Hi, I'm Laura Bergus. I'm here on behalf of the Iowa City Telecommunications
Commission. I have a couple handouts for you guys. I'm a member and former
chair of the Telecommunications Commission, which I hope all of you know is a
volunteer body, appointed by the Council. I have other members of the
commission who are here tonight as well. Our current Chair, Alexa Homewood;
our, uh, Nick Kilburg, Matthew Butler, and former Chair Hans Horshelman. Uh,
Mike Brau is, uh, City staff who assists the Commission with our business and
has, um, helped us with this consumer education program that I want to talk to
you about tonight. So one of the tasks of the Iowa City Telecommunications
Commission is to oversee and monitor the broadband networks that are in our
community, specifically those private networks that are owned and operated by
the wire line providers here — Mediacom and Century Link, and in an effort to
kind of help assess how those networks were doing and what consumers thought,
we conducted a residential broadband survey and had over 600 respondents to
that. That was in the fall of 2013. You may have seen something about it in the
newspaper, and we had a press release that went out just last week, as well. As a
follow -up to that survey, we, um... one of the... one of the things that we noticed
in the survey was that most consumers, or many consumers, seemed to lack some
of the specific information that they need to make the most informed choices
about getting internet service that would best meet the needs of their family or
their household. Um, the handout that I provided you just kind of highlights some
of the ... the major findings, so I won't spend a lot of time on that, but just for the
members of the public who ... who might be listening and may not be aware of the
survey, um, 55% of the respondents, which obviously more than half, indicated
that they were dissatisfied to some degree with their current broadband service,
and um, the cost of broadband service in Iowa City was the most commonly cited
concern and reason for dissatisfaction. 79% of respondents of our survey believe
that the cost of service is too high for the level of service that they receive. Um,
one interesting finding was we collected a fair amount of demographic
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information from the respondents and age, educational background, and
household income did not seem to have any correlation with the, uh, use or
demands of a particular household. So this seems to effect all of Iowa City's
residents, um, across the board in a similar... similar way. So, um, I have a short
...video that I was hoping ... will be brought up here (laughs) Um, so again we...
as part ... after the survey we decided to (noises on mic) um, conduct this
educational campaign, and we have the first piece of it, which is a website. Um,
the website is citychannel4.com/guide, um, and that provides a lot of different
information for consumers relating to internet service in Iowa City (video begins)
So again, that ... that is just an example of one of the consumer education pieces
that we're producing with the assistance of the City Channel, um, City Channel 4.
Um, as that short video indicated, there's a lot of other information that's already
available on the website — trouble shooting tips, a glossary of common terms, um,
that can help people kind of get started on understanding better what their service
is or what their service could be. There's also specific information on particular
plans currently offered by Mediacom and Century Link, and there's a ... a list of
contact information for the numerous other, um, non - wireline, wireless or satellite
providers that serve Iowa City, as well. And this is, again, just sort of the first
step in taking the information that we learned from residential consumers in Iowa
City and trying to help the public, um, be able to make better informed decisions
relating to these services, and we hope maybe a next step will be, um, also
conducting a survey for businesses in Iowa City, and I think that's an important
economic development component, and maybe the Commission can assist with
that, as well. So, if anyone, um ... wants further information, again, please go to
the website citychannel4.com, um, /guide is the particular informational piece.
Um, for people who might not have internet service and maybe want to learn
more about it, if they're considering becoming an internet consumer and they're
not already, they can contact Mike Brau at the City Channel office for more
information and his phone number is 356 -5017. Thank you for your time!
Hayek: Thank you, and thank you for this product and for the service of the Commission.
This is very informative, um, and we'll ... we'll get this into our packet and I look
forward to reading it!
Payne: Do we need a motion to accept (both talking)
Voparil: Motion to accept correspondence.
Payne: So moved.
Mims: Second. (laughter, several responding)
Hayek: Moved by, uh, Payne, seconded by Mims. Discussion? All those in favor say
aye. Opposed say nay. Motion carries.
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Patton: Um, I don't know if it's quite the right timing, but following Sally's comments,
um, I've ... I'm Mark Patton with Iowa Valley Habitat for Humanity. (clears
throat) (several talking)
Dilkes: Let me interrupt for a minute. I mean, it's still on the agenda so if they want to
comment at the time it's on the agenda...
Hayek: Yeah.
Dilkes: ...you can do that or you can (both talking) It's up to you.
Hayek: ... come up in a little while, um...
Patton: I'm just going to pass out some inc .... information that verifies some of the wages
that workers have in the community, and you can use it for other discussions, as
well...
Hayek: Okay.
Patton: ...uh, but it'll give you an idea of where the wages are, compared to the housing
costs.
Hayek: Sounds good! Why don't we hold that and then do a catch -up motion to accept
correspondence if anything else comes in. Do it all in one fell swoop.
Patton: Thank you!
Hayek: Thank you, Mark!
Knight: Hello, my name's Roger Knight. I've been here couple times. Um ... but lot of
the times ... I don't know if you guys get out there really. You guys have a really
horrible reputation of you guys couldn't care less about this city. You really do!
You know, things like we don't even get to vote for our own Mayor! That's
pretty sad! Think about Cedar Rapids, Coralville, North Liberty ... New York,
Chicago. They all vote for their own Mayor. You guys tend to care only for the
rich. You have the reputation. You guys have a legal monopoly with Mediacom.
Look how they treat their people, but ... oh well! You guys don't care is the
reputation, and I'm trying to tell you guys this. People are crying for help.
(mumbled) thank you, sorry about that. I decided to throw my sunglasses!
(laughs) Um ... it's just little things to you guys, but it's huge things to ... us, the
regular citizens. Moen is building these high towers ... the city doesn't want! We
the citizens don't want it, but the City's like, "This is good! We're gonna build
this 20 -story building. It looks really cool!" No it doesn't! Look at the ones he
has. It doesn't even look like they belong downtown! It's just like, eh, there's a
spot! Right there! Oh, there's another one! There's another one! Red bricks.
You bring in modern looking buildings. Steel. I'm sorry, that doesn't really
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match red bricks, I mean, does anybody else think it matches because doesn't
match to me! They're ugly looking buildings. You guys gave the rent ... the land
to him ... on the one that has the, uh, Bread Garden in it. You gave that to him! It
was supposed to be $3 million. You gave it to him because you for ... you gave
him a forgivable loan of $3 million. Does nobody see this? Nobody sees this. It
was just done ... oops! I guess we screwed up! Yeah, you screwed over the city
doing that, but hey, it helps Moen! You guys are doing things that are hurting the
city. We just got a whole bunch of graduates from the University. How much
you want to bet not many are going to stay around. Because they can't afford
housing. The businesses aren't around. You're hurting the city in the wrong way.
To help a few. Help the whole city! No, Mr. Thornton, or um ... uh ... Jim! Sorry
(laughs) You were worried about the homeless. They're people. How about the
rest of you? The attitude ... and I'm tellin' ya, people who are around, they're just
like ... eh, that was your ... that was what everybody thought, and screw you! I'm
sorry if that offends people but ... that's what was perceived. You have this over
and over and over. And ... I mean, I can say other things, but I'm not trying to
throw anybody under the bus! It's time that things get done properly. Let's get
rid of Mediacom. They couldn't care less about their own people. They cost way
too much and oh, can we help you? No, but we'll take your money! You guys
have that in this city, against the citizens of the city. I brought up to you guys
before about lowering... home income, um, insurance. Let's get that down.
Maybe property tax needs to go up just a touch. But then doing that ... you know,
you could get more firefighters, more cops. You guys ever spend downtown? At,
you know, when the students are out? It's absolutely horrible! You guys are
catering to the students that are here for four years! Four years, maybe five!
They get to tear this city apart and it's up to us to fix it. Just a few things for you
to think about. Every time you guys vote, I hope you think about it. Thanks!
Hayek: Thank you for the comments. Anyone else during community comment? Okay,
we will move on to Item 5, Planning and Zoning Matters.
Voparil: Motion to accept correspondence.
Payne: So moved.
Botchway: Second.
Hayek: Moved by Payne, seconded by Botchway. Discussion? All those in favor say
aye. Opposed say nay. Motion carries.
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ITEM 5. PLANNING AND ZONING MATTERS.
ITEM 5a REZONING (GOOSETOWN / HORACE MANN) — ORDINANCE
TO DESIGNATE THE GOOSETOWN / HORACE MANN
CONSERVATION DISTRICT AS A CONSERVATION DISTRICT
OVERLAY (OCD) ZONE. (REZ -14- 00004)
1. PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel) We should,
uh, disclose any ex parte communications, uh, at the beginning of, uh, the public
hearing.
Throgmorton: I've had one email exchange with, uh, with Sarah Clark. She wrote to tell me that
she's contacted all the, or trying to contact all the Council Persons. I wrote back
and said ... I'm glad to see you're exercising your ... your right to contact
individuals, and um ... uh, I ... I said of course I would be ... I'd need to listen to all
the people who spoke during the hearing and take everything they say into
account.
Mims: I had a meeting with Sarah Clark and Mike Wright over the weekend to discuss
the proposal.
Botchway: Same.
Payne: So did Rick and I.
Dickens: I had one phone call from Jay Berry and that's it.
Dilkes: You need to describe the substance of the communication, briefly.
Mims: Yeah, just basically ... uh, asking them questions about it and looking at the ... the
guidelines, the outline of the district, and talking about some of the additional,
um ... restrictions that that would put on the area. So...
Botchway: Questions regarding, um ... obviously the proposal put before us. Uh ... happened a
long time ago, um ... just a general understanding of what was being proposed
basically.
Payne: And Rick and I's were ... much as what Susan discussed, and also um ... how...
how it came to be, the shape that it is and ... those kind of things.
Hayek: I had a brief conversation with, um, Mike Wright by telephone and encouraged
him to communicate with the rest of the Council. So ... (several talking) Okay,
we've got that out of the way! Turn to the staff for presentation.
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Miklo: Bob Miklo with the, uh, Department of Neighborhood and Development Services.
Um, the proposed district, Goosetown/Horace Mann, um, conservation district,
includes 265 properties. It, uh, surrounds Horace Mann School, therefore part of
the name, and it includes parts of the Northside and uh, Goosetown, and there is
some overlap between the two neighborhoods. It was requested by the Northside
Neighborhood Association. Uh, later representatives of Goosetown also showed
their, uh, the support for the, uh, proposed district. Because this is a zoning
overlay, it requires review by the Planning and Zoning Commission. Um, the
Commission reviewed it and found that it does comply with the Comprehensive
Plan policies regarding neighborhood preservation, uh, and supporting existing
neighborhoods. It would do this by providing review of (clears throat) demolition
and new construction within the proposed district, if...if it is ... is passed. It's a
little different than a historic district in (clears throat) that the, urn ... uh, majority
of the properties do not qualify for historic status, even though they ... they are
older. Um, the majority of them were built before 1920, uh, but over the years
many of them have been remodeled, uh, so they've lost some of their historic
character. The idea of a ... a, uh, conservation district is that over time as
properties are, uh, re- remodeled, uh, they are brought back more into their historic
character. Here's a ... here's a really good example of a property, uh, that was
remodeled in the 19, uh, 60s, lost its front porch. The window configuration
changed. The ... the siding changed. Uh, but more recently, that building was, uh,
restored to more of its, uh ... uh, original appearance. The thought with a
conservation district, that over time as people reinvest in their properties, uh, the
area may qualify for a, uh, future historic district. Uh, Ginalie Swaim, the
Chairperson of the Iowa City Historic Preservation Commission is here to, uh,
give you the Commission's thoughts on the proposal.
Swaim: I am, as Bob implied, Ginalie Swaim (laughs) Chair of the Historic Preservation
Commission. And it is, as you now we, uh, voted unanimously on this, I believe
it was in March, and, uh ... feel very strongly this ... this should be a conservation
district. It's an honor to talk about it because it's one of the oldest neighborhoods
in Iowa City and appears on our 1839 plat. Uh, the houses date from 1841 into
the 1980s. A vast majority of those built in the 1870s through the 1930s. The
diversity in housing is, uh, is striking. There are wood frame and stone cottages,
elaborate Victorians, and the more sensible American four- squares and
Craftsmen. If you look at the roster of occupations of residents over the years,
you see a great occupational and economic diversity too. There are stonemasons,
brewers, merchants, mid -wife, railroad workers, University employees, women
running boarding houses, attorneys, aldermen, and just around the corner, Iowa
City's first woman Mayor! Such job diversity meant diversity in housing needs,
just as it does today. And when the lots began to sell, the newcomers in town
were arriving from farther east in the U.S., from Bohemia and Germany. They
were looking for jobs, places to put down roots, raise kids, and perhaps grow old
and wise. Today the newcomers to Iowa City who are attracted to this same
neighborhood might be from the east and west coasts, big cities, and overseas.
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They are deliberately seeking livable communities, like ours, with intact older
neighborhoods and houses with personality and charm ... where they can put down
their roots. Other newcomers include the yearly flock of University students
looking for rentals close to campus, and retirees who are maybe returning to Iowa
City after years, or people who've been retired and reading about the high ratings
we get in livability. This economic and housing divers... diversity that has been a
hallmark of this Goosetown/Horace Mann area for decades and decades is
historically interesting, but it's also one of the hallmarks of a vibrant and healthy
neighborhood. And with protection and reasonable guidelines, such as the
conservation district offers, this neighborhood can meet diverse housing needs of
all these newcomers, plus those who have invested and lived there for decades.
Iowa Citians 150 years ago aren't that different from those of us today. They
needed and wanted what we do — good schools in the neighborhood; places to
gather like Preucil School in Market Square; walkability — seldom a choice in the
1850s; and a variety of housing — size, style, cost, level of maintenance, and how
much loving care is required. Some of that older ... of that affordability in older
na ... neighborhoods like this one is, um, provided now by the University and Iowa
City, uh, Neighborhood Partnership that rehabs neglected rentals to affordable
owner- occupied homes. My biggest point is that living in a conservation district
doesn't mean you can't change your house, add an addition, or adapt your home
to modern lifestyles. A conservation district doesn't freeze the neighborhood in
time and the City's Comprehensive Plan doesn't freeze the neighborhood in time.
Rather both are tools that have been thoughtfully created and wisely applied to
ensure long -time viability to a neighborhood, and I think Goosetown/Horace
Mann deserves that! Thank you.
Hayek: Thank you for the comments. So this is a public hearing and I'm sure there are
people who would like to address the Council. Just remind you to please sign in,
give us your name verbally, and limit your comments to five minutes!
Wright: Good evening, I'm Mike Wright. I'm the Coordinator of the Northside
Neighborhood Association. I live at 225 N. Lucas Street, which is within the
boundaries of the proposed Goosetown/Horace Mann conservation district. Uh,
the genesis of this district, as I think you may have gotten by this time, uh, comes
from the neighborhood. It comes from residents who are concerned about
keeping what we have. And maybe over time, being able to improve what we
have. The character of the area is special. As Ginalie pointed out, this is part of
the original 1839 plat of Iowa City. Uh, it's a human scale. It's walkable. It's
convenient. We have a ... a wonderful neighborhood of late -19th century and
early -20th century homes (clears throat) Uh, again, with a ... with a great diversity
in the housing stock, and there has been some progress in stabilizing and
preserving this area over the years. We no longer have demolition of existing
properties to build large apartment buildings, for example. The underlying zoning
has ... plotted that out, with the possible exception of the stretch we have on
Jefferson Street. Uh, but it's still vulnerable to teardowns. It's still vulnerable to,
uh, renovations and remodeling that don't fit the character of the neighborhood,
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and the conservation district can help prevent that. Uh, and as Ginalie pointed
out, we ... we should have compared notes, yeah, uh ... nothing has to change in a
conservation district. I can paint my house any color I want. I can do all of the,
uh, interior work that I care to do, but if it's a building permit that's being pulled
for exterior work, then the item ... the, uh, property simply has to go under review
by the Historic Preservation Commission. It's a pretty simple process. Um, and
we do have about 25% of the properties in the district that are non - contributing.
These are properties that really would be available for, uh, compatible, in -fill
redevelopment should that, uh, come over time. It is not indeed frozen. I should
mention that typically when you declare a conservation or a historic district in a
community, property values tend to start going up, often at a more, uh, speedy
pace than in other parts of the community, which makes sense because you have
neighbors investing in their neighborhood. They're investing in their community,
and they're sending a strong signal to others that they are reinvesting in their ... in
their property and in their neighborhood. The proposed conservation district is
not anti - renter. I want to be very clear on that. Nor is it anti - property owner.
And it doesn't favor any special interests. What this really is about is pro -
neighborhood and it's pro - community, keeping a core neighborhood vital, and it's
going to be a neighborhood that is still where renters and owner- occupiers co-
exist, long -term and short-term renters, long -term owners. Um, as a good
example of a very successful conservation district you don't have to look far from
here. The Governor /Lucas conservation district, uh, just a little ways south of
City Hall is almost 15 years old. Since that was established, the neighborhood has
made a dramatic turnaround, and yet it's still a very successful mix of long and
short-term renters, and owner- occupiers, but it's a much more, uh, cohesive
neighborhood than it was at that time. But without protection, I'm afraid the area
for the Goosetown/Horace Mann conservation district will eventually begin to
lose its charm to out of character redevelopment, to unfortunate demolitions, uh,
and in -fill development with no cohesiveness in the design. This is consonant
with the Central District Plan, as well as with the Comp Plan, and the City
Council's own strategic goals, uh, which include neighborhood preservation and
stabilization as key elements. I urge the Council to please pass the conservation
district and I'd be happy to answer any questions. Thank you.
Hayek: Thank you!
Reynolds: Hi, thanks for giving us opportunity to speak tonight. My name is Chris LaRue
Reynolds and I live at 619 Brown Street. Um, and I would just like to make two
quick points, um, about the proposed conservation district. Um, one of the
concerns that I have heard is that about half of the properties in the proposed
conservation district are rental properties. Um, but I would like to make the point
that a rental pro ... a rental property is not exempt from being a positive
contributor to a neighborhood. Ownership of rental properties and homeowners,
we have the same responsibilities of upkeep and stewardship to our properties.
There aren't different standards for homeowners and rental property owners.
Iowa Avenue is an excellent example of a high rental conservation district. Um,
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the second point I'd like to make quickly is that as a homeowner, my home is my
investment. Um, what happens with the homes on my street and the surrounding
neighborhood have a direct effect on the return of my investment. When I
improve my investment, I improve the investment of my neighbors. This happens
when I make stylistic upgrades and repairs to my home, when I support the local
elementary school, when I care for the local parks, and when I am a patron to the
local shops and eateries in the neighborhood. Living in a property is not only an
investment in the physical property itself, it is also an investment in the
neighborhood. Um, I would like to say that I support the designation of the
Goosetown/Horace Mann conservation district and I certainly hope you do too.
Thank you.
Hayek: Thank you for the comments!
Biger: Good evening! Um, for once I'm going to be ungreen and use a sticker. I
apologize! I should have written this. My name is Matthew Biger. I live at 519
N. Johnson, which is also in the, uh, boundaries of the district, proposed district.
Um, I'll be brief because I'm not necessarily as eloquent as my prior commenters
so, um, all I will add is that, um, I'm a ... I'm a transplant to Iowa City, but my
wife is an Iowa grad and we have between the two of us lived in the Northside as,
uh, as renters herself and ... in her college years, um, as a new arrivals, including
with a new baby on North Gilbert Street, so we... and now we, uh, proud owners
of a ... of a house right across on North Market Square and we've enjoyed, uh, our
time in this neighborhood, uh, as much at every point in our life and we want to
be able to share and I've mentioned this before, uh, in front of you, um, we want
to be able to share that with our son, uh, share that neighborhood, be able to walk
downtown, bike downtown with the same, uh, the same, uh, whimsy in the
neighborhood. Um, especially with this ... this spring, you see the colors in the
trees and you see, um ... shade and you see all those things that can be impacted by
some new development (mumbled) buildings, tearing down beautiful maple trees,
or ... that ... and it's ... it's sad, and I think that's one thing that has not been
mentioned is ... is trees. It's important to keep those, uh, if we can. Um, so one,
that's one thing. Um... anyways and uh ... I think that's it, cause there's more
speakers and ... anyways, I'm for this. (laughter) Thank you.
Hayek: Thank you! (several responding)
Slonnegar: Greetings! I'm Mary Beth Slonnegar and I live in Goosetown, and I'd like to
share just a few personal remarks about the, uh, possible conservation district.
Um, there's more than one reason why the neighborhood of Goosetown/Horace
Mann should become a conservation district. And I'd like to focus on one that is
a priority for me. And that's a protective sense of what I'll call the lowly or the
humble. In an area of the city not graced by Victorian mansions, lovely as they
are, almost 30 years ago my husband and I bought the first of five houses that
we've restored in Goosetown. We grew to appreciate the story of the Czech
immigrants who began arriving in the 1850s and somehow without money or
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knowledge of the of the English language or a job or land, they began the process
of melding and succeeding in the community. But it... it took time and the traces
of that process are here in Goosetown. If you stand at the corner of Dodge and
Bloomington Streets, and look down at the row of tiny cottages that miraculously
still exist, you can experience this history. To my way of thinking, they are the
oldest extant neighborhood in Iowa City. An ethnic neighborhood with a rich
culture and a neighborhood more intact at this point than the Czech Village in
Cedar Rapids. Um, and could rival it, if desired. And now this neighborhood is
threatened by demolition permits, development, and disfigurement. In some cases
by thoughtless additions, blocked doors, enlarged windows, and layers of fake
siding. But then when the first land purchases were made along Bloomington
Street and beyond, they were dotted with the small cottages and many farms that
became a core part of this community. Um, these people are now gone, but the
memory of the harness makers, maids, cigar rollers, musicians, grandmothers
exist in our memory. Their toils helped build Iowa City, and a way of making
sure that we don't lose sight of that is to protect this legacy. As in the case of so
many other historic neighborhoods, we see that the value of the properties go up,
and maintenance of the homes blossoms with historic or conservation status. It
has been my dream that this little garden area of our city will be protected, will be
restored by many people's labors, and will exist for future generations to learn
from and appreciate this history. If not protected, Goosetown will slowly be
erased. Thank you.
Hayek: Thank you. Anyone else before I ... I see someone!
Futrell: My name's Susan Futrell and I live at 311 Fairchild Street. Um, I'm a member of
the Northside Neighborhood Association. My husband and I own a house that's
not in the district, and um, I want to support the Planning and Zoning Commission
and the Historic Commission and all the good arguments that have been made in
favor of it. I just wanted to add a couple of points from the perspective of
someone who lives in a contiguous, um, historic district. Our neighborhood, um,
was ... was established as a district just a few years ago, also at the behest of
neighbors and the community in the neighborhood. Um, it's ... that change has
made a significant impact on the willingness and ability of property owners in the
neighborhoods to keep up our houses, to invest in them, to feel confident that the
neighborhood is stable and, um, going to continue to be a welcoming, well- cared-
for part of the city, and it has also helped to make the neighborhood attractive to
renters and people who want to live in a neighborhood just like this one (laughs)
which is close to downtown. I was able to walk to the meeting tonight, um...
there's a neighborhood school, there's a very diverse mix of, um, ages and rental
and owner properties, and I think the Goosetown Neighborhood, for very similar
reasons, um, could also benefit from the stabilizing effect of this designation and
just the recognition on the part of the City that this is an important part of the
community. The second point I wanted to make about it, um, is one that I haven't
heard other people mention, and that is that in the same way that the Dubuque
Street corridor is kind of an entry, a gateway into town and it...it paints a face of
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Iowa City for people coming and going, I think the Goosetown neighborhood,
because of um... Governor and Dodge Street and all of the in... in- coming and out-
going traffic, coming into the east side of town, is a really important way that we
show Iowa City as a community that's, um, well -cared -for, that's ... not just big
houses and big apartment buildings and a big university, all of which I dearly, uh,
appreciate and um, value, but also a neighborhood in a community that has small,
affordable housing, walkable neighborhoods, a neighborhood school and those
things that make this, uh, such a unique community, and I think the historic
district again could be a way of helping to stabilize the way that we present
ourselves to newcomers, as well as regular visitors to the community. So I urge
you to vote in support. Thank you.
Hayek: Thank you for your comments!
Schwalm: My name is Leslie Schwalm. I live at 819 E. Market Street. Um, which is in the
proposed district. Um, my wife and I have, uh, lived at this address for 20 years.
Um, we were drawn to the neighborhood precisely because it is a neighborhood.
Um, it is a neighborhood, as others have commented, which has great diversity;
um which is, uh ... among our affordable neighborhoods, and a neighborhood
which has, uh, still maintained its historic characters. All of those things drew us.
Its affordability. Its walkability. That we could walk to the hardware store. That
we could walk to work at the University and the V.A. Um ... we have seen in 20
years some significant losses in our neighborhood; in our block alone we've seen
three owner- occupied houses, um, replaced by landlord- owned, uh, units. One
house destroyed, uh, and replaced with condos. Um ... two, uh, that are largely the
same, although one had significant illegal modifications made to it. Um, we also
have in our block good neighbors, good landlords who take care of the property
and are invested in, uh, a neighborhood, uh, a neighborhood that has respect for
owners as well as renters. Um, I'm a great supporter of this conservation district.
Um, what drew me to the neighborhood 20 years ago — with the conservation
district in place — would have made me even more excited, uh, to spend my hard -
earned money to buy a mortgage in this place. Um, I urge you to protect our city
and to nurture the work of our neighborhood association and our residents to
make this a city that draws people because it's ... it's on a human scale. So, thank
you.
Hayek: Thank you for the comments!
Stormoer: My name is Doris Stormoer and um, I'm Leslie's wife. Um, I also live at 819 E.
Market Street and others have spoken, um, very eloquently in support of this and I
just want to add my voice, and I also want to add the voice of my home, which
will be 100 years old, um, next year and I'm sure would appreciate this as much
as I would. Thank you. (laughter)
Baldridge: Good evening (clears throat) My name is Tom Baldridge. I'm a native of Iowa
City, and I come with a slightly different, uh, perspective on, uh, saving
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Goosetown and Horace Mann. I'm strongly in favor of it. Um, I've finished my
term on the City's Historic Preservation Commission in March, and time and time
again, people bro ... came to us with their application for renovation or work on
their home, apprehensive of what this group was going to do to them, or make
them do. And time and time again, led by Ginalie and backed up by others on the
Commission who have had experience in living in older neighborhoods and doing
renovation and maintaining their properties, uh, they were able to ... give people
ideas that they didn't have before. Oh hey, that's a great idea! Could I talk to you
later? Yes, of course! So I'm strongly in favor of this. Uh, naming this ... this,
almost the remnant of the Northside as a conservation district, should stabilize the
Northside for a time to come. Thank you.
Hayek: Thank you for the comments!
Baldridge: Also I meant to throw in a few, uh, bouquets to, um, Bob Miklo and Sherrie, uh,
for the support that they gave us.
Hayek: Duly noted. (laughter)
Michaud: Hi, I'm Pam Michaud and I live at 109 S. Johnson. I wasn't going to speak
tonight because I brought a big sign and I figured that would do it, but um ... I was
very pleased to be part of the College Green Historic, um, House Tour, um, May
11 . Uh, about 409 people walked through my house, very respectfully with
paper booties or bare feet, in spite of drizzling rain and chill, uh, and over and
over again people expressed their appreciation for the people that do maintain
these properties. Um, when there is major construction next to a historic district,
such as, uh, was put behind my house, um ... there is a, what do you call it?
Collateral damage, and uh, I'm ... there are various things that have damaged my
house and I'm going to have to work to repair because the builders aren't
responding. Um, this is a continual drain on my energy. Uh, and it can happen
all over town. Um, there doesn't seem to be recourse except through courts.
Um... so I'm very, very supportive of this measure, so that people don't lose
property value, peace of mind, lifestyle, and serenity, uh, having to do with noise
and disruption to their lives. Thank you.
Hayek: Thank you for the comments. Is there anyone else? Okay.
Voparil: Motion to accept correspondence.
Payne: So moved.
Mims: Second.
Hayek: Moved by Payne, seconded by Mims. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7 -0. Eleanor, it's not indicated in here, but do
we need to take the temperature before we ... close? I don't think we do but ... we
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should? Okay. So, uh, is the ... this, uh, conservation district was supported by a
6 -0 vote from P &Z. Need to take the temperature of the Council, um, are ... is the
Council inclined to go with the recommendation? (several responding) I'm
seeing a lot of nods. Okay, so based upon that, I will close the public hearing.
(bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Mims: Move first consideration.
Payne: Second.
Throgmorton: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion?
Mims: I'm just really happy to see this happening. I think this whole area, part of the
University impact area, is ... is, uh ... a neighborhood that we've looked at as we've
been talking about neighborhood stabilization for the last two or three years, um,
a critical area, uh, close to the University, uh, high demand for student rentals,
which as people have said, you know, there's good landlords and there's not, but
when you have that, uh, kind of demand that can put, um, certain pressures on a
neighborhood and so to put the conservation district in place to help with that kind
of protection I think is just vital for this neighborhood and I'll be very happy to
support it.
Dobyns: I will too. I really appreciated, um, it appears to me that the ghost of Irving
Weber's on the City staff, writing the history of this (laughter) I really enjoyed
reading it. Um, gonna be very supportive!
Dickens: I'm going to support it as well. My father used to walk through Goosetown and
since he wasn't very fast (laughter) he got caught by a lot of the geese, so
(laughter) on his way to ... he lived up on North Dodge Court, so he had to walk
through this area, but it's ... it's a beautiful area and I think we need to preserve it.
My ... my one concern was that it was overlapping, putting another layer on top of
a historic district, but it's a separate... separate district, and I'm ... I'm very much
in favor of it.
Hayek: I think this is entirely consistent with multiple, uh, City Council objectives that
we developed through our strategic planning process — sustainability,
strengthening neighborhoods, economic development, support of our school
system, uh ... and ... and others, and this proposal, um ... uh, promotes all of those
objectives, and these are fragile neighborhoods in a critically important area of
town and we have essentially two tools as a city to ... to promote and strengthen
the neighborhoods. One is through, uh, financial outlays and the UniverCity
program, um ... uh, which has targeted this and other areas, uh, is an example of
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that. Um, we renovate parks — the North Market Square Park is the first shining
example. It's a fantastic, uh, move I think for ... and one that we should replicate
elsewhere. Uh, and then the other broad area is legislative. We have the ability to
protect neighborhoods, um, that have over the decades withstood a lot of damage,
and if you look to the north of downtown and to the east of downtown you see
areas that went through this period of...of damage, and, uh, they ... they were able
to hang on and ... and they are coming back, and ... and we can support this ... this
area, uh, in the same way. Um, I loved reading this narrative, because my Czech
ancestors came to this area right after the Civil War, and made their home in this
area, and um ... the homes are modest. They, uh, are... sustainable. It's ... it's in-
fill development, uh, in a sort of different sense because we're promoting
residential, uh, growth, uh, within existing housing stock, um, and uh, I ... I think
this is, uh, entirely, uh, the right thing to do, so I'm happy to support it.
Throgmorton: It's great to see so many neighbors here tonight. Thank you for coming. Thank
you for speaking so eloquently about this particular topic, and for those of you
who didn't speak like Jay and others, thanks for coming. Uh, I ... I, you know, I...
I live sort of in the neighborhood but not in the district, and I checked with
Eleanor about this. I live 240 feet outside the northeastern edge of the district, so
I can vote on this. Uh, I was worried about that beforehand. Uh, but uh ... I ... I, as
you all know, I ... I either walk or ride my bicycle through the neighborhood all
the time, including today! Several times! And one of the streets I walked down is
about two blocks south of where I live, so it's in this district, and it's troubled,
even though it's got such a great location. So as Tom knows, I've communicated
to the staff two particular buildings that need attention, and ... that, you know,
shows the vulnerability of the neighborhood, and yet it has so many strengths, that
those of us who live in the neighborhood know deep in our hearts. So thanks for
coming!
Hayek: Any further discussion? First consideration roll call, please. First consideration
passes 7 -0. (applause)
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ITEM 5b COMPREHENSIVE PLAN AMENDMENT (AFFORDABLE
HOUSING IN DOWNTOWN AND RIVERFRONT CROSSINGS) —
APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN —
DOWNTOWN AND RIVERFRONT CROSSINGS MASTER PLAN TO
INCLUDE A SECTION ON AFFORDABLE HOUSING.
1. PUBLIC HEARING
Mims: Move to defer the public hearing and the resolution, um, indefinitely.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion?
Throgmorton: Yeah, I'd like to note that I was intending to propose an amendment to the
amendment (laughs) uh, but because of the deferral it makes no sense to do that.
Uh, we'll see what comes out of what... of the staff s inquiry and, you know,
maybe I'll propose something then, but not now.
Hayek: Yep.
Mims: Yeah, I would just like to say that the ... the impetus behind this is not that the
Council is not interested in looking at affordable housing in Riverfront Crossings.
Um, it is that at our last meeting two weeks ago, um, as part of our discussion in
our work session was that this is ... this is an area that is ... we are making a lot of
changes to in terms of regulation. Um, we would like to see that development
take off as quickly as possible. Um, we are very interested in the possibility of
including affordable housing in there, and figuring out how to best do that without
impeding the development. And to do that, we think it's very important to meet
with developers, builders, etc., other stakeholders. Um, we've got some of the...
the private individuals, you know, and then non - profits represented here tonight,
as to how best do this without, uh, potentially slowing down or negatively
impacting that development. So we're starting through... so we asked staff two
weeks ago to start doing that process, and once they've had an opportunity to... to
have some of t hose stakeholder meetings and gather information and come back
to us, then we fully expect to, uh, revisit the topic. So I just want to assure the
public that this is not because we're not interested in this. It's a matter of a
process and procedure and timing, uh, before we would get to it, so...
Botchway: I do have to say that one ... urn, I've been looking over this for I guess the last...
when we had our huge break, which was, um, a great opportunity, but I ... I still
have to say that I still see this as a separate situation. I remember ... I looked back
at the minutes and what I was talking about. I was specifically looking at the
form -based code and changing... making restrictions in the form -based code, um,
as ... as it applies to affordable, or excuse me, inclusionary zoning and other
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affordable housing, um, incentives, and this was ... I just see this as different, and
even when reading it, it speaks to the city, and so any changes that, uh, staff
would be looking at would be speaking to the stakeholders, and um ... I can't
remember what you said, Doug. I think the, uh, the Housing
Association ... (several talking) right, so it doesn't... Homeowner Association. So
it doesn't speak to the city at all. Um, so I don't know. I ... I just ... I'm still very
confused about how this is the same situation but, I mean, either way. As long as
we're looking at it, I'm for it.
Hayek: Further discussion?
Dobyns: And I also was, uh, supportive of the current amendment. However, I am
comfortable with the intentionality of the majority of Council into, um, having
discussions like this move forward in an operational way. Um, just in a different
process.
Hayek: Yeah, I ... I'm supportive of the ... of the motion to defer. I ... I think this crossed
paths with the direction we provided at our last meeting, and so that's why I
would support deferring this until we go through that process, uh, which we
started two weeks ago, and bring it back to us, uh, the way we envisioned.
So ... further discussion? All those in favor say aye. Opposed say nay. Motion
carries 7 -0.
Voparil: Motion to accept correspondence.
Mims: So moved.
Dickens: Second.
Hayek: Moved by Mims, seconded by Dickens. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7 -0.
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ITEM 5c RIVERFRONT CROSSINGS FORM BASED CODE —
ORDINANCE AMENDING TITLE 14: ZONING, ADDING ARTICLE 14-
2G, RIVERFRONT CROSSINGS FORM -BASED DEVELOPMENT
STANDARDS, AND AMENDING OTHER ASSOCIATED PARTS OF
TITLE 14 TO INTEGRATE THE FORM BASED CODE. (SECOND
CONSIDERATION)
Payne: Move second consideration.
Dickens: Second.
Hayek: Moved by Payne, seconded by Dickens. Discussion?
Throgmorton: Matt, I'd like to ... emphasize a few points for the record, ones that I didn't have a
chance to mention last meeting cause there was so much going on. Uh, and I
won't repeat things I said back then. Uh, first with regard to the density bonus for
affordable and workforce housing. I think we should require the affordability of
the units to be maintained for a minimum of 15 years. We discussed this briefly
during a work session. With regard to the height limitations, my personal
preference is for heights not to exceed five to seven stories, mainly because one
can hypothetically achieve very livable development density within those heights,
and it ... the evidence is clear about it, but ... but not in this particular instance, I
think, given the... all... all sorts of constraints in the Riverfront Crossings area. So
I'm ... I'm not a purist on this particular point. I think there's some locations in
the district where taller buildings might work very well, and other locations it
simply won't be redeveloped any time soon. I am, therefore, willing to accept the
proposed maximum heights, with density bonuses, for the south downtown area;
however, I do not believe 15 story heights are warranted anywhere else in the
district. And right now according to the form -based code that we're presented
with, they would be authorized. Uh, my sense is that the maximum post- bonus,
uh, maximum height in the post- bonus, uh, situation for the Park District should
not exceed 10 stories. Think about it for a second. It ... it's possible that some 15-
story buildings could be built, where the recycling facility is right now. And
some other spaces very close to it. Fifteen stories! Whether that would really
happen, who knows! Uh, but I think that height limitation is ... much, much too,
uh, extensive. With regard to the likely use of TIF, which I asked about that... in
the last meeting, with regard to the likely use of TIF as an additional incentive for
development, I think no project should be offered a TIF unless it is designed to
achieve a high -level of energy efficiency. Uh, two other things. With regard to
the bonus for class A office space, providing two bonus floors for each floor of
class A space strikes me as being excessive. It would seem to me to be one -for-
one would be more appropriate. Last, um, at our May 6th meeting, Bob Welsh,
our good friend Bob Welsh, urged us to ensure that all entrances to buildings be
accessible to people with disabilities. With due respect to my very good friend
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Bob, who, uh, I ... I admire enormously, uh, I believe the staff has proposed a good
way of ensuring accessibility, but I just want to say that to acknowledge that Bob
actually spoke to that point last time. With these thoughts in mind, I think we
should amend the ordinance in three specific ways. But, as we discussed during
the work session, uh, we agreed I would hold off on proposing the amendments
until our June 3rd meeting, to give the staff a chance to look through these
proposals. So, I'm not going to propose `em tonight. Thanks!
Hayek: Thank you, Jim. Any other discussion? Roll call, please. Second consideration
passes 7 -0.
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ITEM 9. CIVIL PENALTY, HAPPY DAZE - ASSESSING A $300.00 CIVIL
PENALTY AGAINST HAPPY DAZE, PURSUANT TO IOWA CODE
SECTION 453A.22(2) (2013)
a. CONDUCT HEARING
Hayek: This is a hearing, uh, and the hearing is open. (bangs gavel)
Chappell: Andy Chappell from the Johnson County Attorney's Office. I think at this point
everyone has been through these. I think you all know the drill.
Hayek: Why don't you give us the drill one more time?
Chappell: Okay! Sorry!
Hayek: Just lay the context and (several talking and laughing)
Chappell: Uh, Iowa Code Section 453A.22 provides that whenever a bus ... a retailer that has
a cigarette permit sells or provides tobacco to a minor, in contradiction to Iowa
Code Section 453A.2(1), the retailer is assessed a civil penalty. They are entitled
to have a hearing, and then the code, assuming that the Council is convinced that
they're ... that they have actually sold or provide tobacco to a minor, they are
assessed a civil penalty based on what the State code says as far as how often this
has happened. And we have first violations. We have an affirmative defense.
We have second violations, and we unfortunately have a third violation. It's...
one within a two -year period, two within a two -year period, three within a three -
year period, and it gets worse after that. Uh, if you have five within a four -year
period, you lose your ... your cigarette permit. Urn ... we handle these on behalf
of...of the City, our office does, and in fact on behalf of every city in Johnson
County. Just to sort of provide some consistency, and ... the, uh, we wait until all
of the ... the retailers, clerks who have been cited have actually pled or been found
guilty to bring them forward, so that the issue as to whether their employee has
actually sold or provided tobacco to a minor is relatively simple for the Council
to ... to determine.
Hayek: Okay, thanks!
Chappell: It's Happy Daze. Specifically this is a first violation, and the civil penalty would
be $300.
Hayek: And there was a conviction.
Chappell: Yes! I ... conviction or they pled guilty, I honestly don't remember with this
particular one.
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Hayek: Either a plea or a conviction.
Dilkes: We have the paperwork.
Hayek: Is anyone here from Happy Daze? Okay. I'm going to close the hearing. (bangs
gavel)
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ITEM 10. CIVIL PENALTY, NORTH DODGE SINCLAIR - ASSESSING A $300.00
CIVIL PENALTY AGAINST NORTH DODGE SINCLAIR, PURSUANT
TO IOWA CODE SECTION 453A.22(2) (2013)
a. CONDUCT HEARING
Dickens: 10 and 11 I have to recuse myself.
Hayek: Okay. So Council Member Dickens will recuse himself from Items 10 and 11.
I'll get into Item 10 now. (reads Item 10) This is a hearing. Hearing is open.
(bangs gavel)
Chappell: This one was North Dodge Sinclair's first, uh, within a two -year period. It also
would merit a $300 civil penalty.
Hayek: Okay. Is anyone here from North Dodge Sinclair? Okay. I'm going to close the
hearing.
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ITEM 11. CIVIL PENALTY, NORTH DODGE SINCLAIR - ASSESSING A CIVIL
PENALTY OF EITHER $1500.00 OR A THIRTY DAY PERMIT
SUSPENSION AGAINST NORTH DODGE SINCLAIR, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2013)
a. CONDUCT HEARING
Hayek: This is a hearing. The hearing is open. (bangs gavel)
Chappell: As two of our retailers discovered or ... or should have known all along. If you fail
a compliance check, the police will come back and do a second follow -up
compliance check. Uh, we had two who were unsuccessful, both on the initial
check and the follow -up check. That is why we have a second for North Dodge
Sinclair, and the second violations are a little unique. They get to chose whether
they pay a $1,500 civil penalty, or serve a 30 -day permit suspension. And that's
what the resolution sets out.
Hayek: Okay.
Payne: So after we ... pass it presumably, then they pick?
Chappell: Yes. They have to either turn in a check or turn in their permit. They always...
turn in the check (laughter)
Hayek: All right. Thank you. Anyone here from North Dodge Sinclair? I will close the
hearing.
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ITEM 13. ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE
TO TOBACCO CIVIL PENALTY BY GASBY'S
b. CONSIDER A RESOLUTION
Chappell: Just briefly, uh...
Hayek: Let's get it on the table here first.
Mims: Move the resolution.
Botchway: Second.
Hayek: Moved by Mims, seconded by Botchway. Mr. Chappell! (laughter and several
talking)
Chappell: My apologies.
Hayek: You of all people! (laughter and several talking)
Chappell: I should, urn ... I made a mistake, uh, little confused as to the different Gasby's.
But this is a good time to remind the retailers that if they get their employees
certified through the State, they just have to take a little, I think, online course, uh,
to get certified, which teaches them how to check the I.D.s and they get to use an
affirmative defense once every four years. Gasby's had one last time around, but
it was a different Gasby's, so they're entitled to one this time around. And they...
their employee was certified. We've checked that and confirmed it.
Hayek: Good! All right. Anyone here from Gasby's? All right. Uh, further discussion?
Roll call, please. Passes 7 -0.
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ITEM 14. CIVIL PENALTY, THE CONVENIENCE STORE - ASSESSING A CIVIL
PENALTY OF EITHER $1500.00 OR A THIRTY DAY PERMIT
SUSPENSION AGAINST THE CONVENIENCE STORE, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2013)
a. CONDUCT HEARING
Hayek: This is a hearing. The hearing is open. (bangs gavel)
Chappell: This is their second violation within a two -year period. So they again would get
the choice of $1,500 or a 30 -day permit suspension.
Hayek: Thank you. Uh, anyone here from The Convenience Store? Okay, I'll close the
hearing. (bangs gavel)
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ITEM 15. CIVIL PENALTY, THE CONVENIENCE STORE - ASSESSING A CIVIL
PENALTY OF $1500.00 AND A THIRTY DAY PERMIT SUSPENSION
AGAINST THE CONVENIENCE STORE, PURSUANT TO IOWA CODE
SECTION 453A.22(2) (2013)
a. CONDUCT HEARING
Hayek: This is a hearing. The hearing is open. (bangs gavel)
Chappell: And as you can see the penalties ramp up. This is a third violation within a three -
year period. The Code says that's a $1,500 and 30 -day suspension civil penalty.
Hayek: Thank you. Anyone here from The Convenience Store? All right, I'll close the
hearing. (bangs gavel)
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ITEM 16. CIVIL PENALTY, ZOMBIE'S - ASSESSING A CIVIL PENALTY OF
EITHER $1500.00 OR A THIRTY DAY PERMIT SUSPENSION AGAINST
ZOMBIES, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013)
a. CONDUCT HEARING
Hayek: This is a hearing. The hearing is open. (bangs gavel)
Chappell: This one's a new one for me and ... and for the sake of full disclosure, in reviewing
the reports, it doesn't appear as though an actual employee made the sale. It
appears some friend of an employee who was hanging out at the store jumped
behind the cash register because an employee had to run out and made the sale.
Urn ... the ... the individual pled guilty, um, and we've ... we've interpreted that as
it's the ... the Code says an employee or ... the retailer itself. Anyone who's going
to allow someone behind the cash register to make a sale, be it for tobacco or
anything else, I was considering that the retailer. I wanted to make that ... very
clear that it was a little different situation, but we think it still applies. I haven't
heard anything from ... from Zombie's. We sent them the same letter we send
everyone else. But... assuming it goes forward, this would be their second
violation within a two -year period.
Hayek: Okay, thank you. Anyone here from Zombie's? Okay. I will close the hearing.
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ITEM 22. CITY COUNCIL INFORMATION.
Hayek: Why don't we start down on your end?
Botchway: Um, Summer of the Arts starting 6th through the 8th, um, coming up June Oh
through the 8th, so...be there! Should be fun. I think my mom's coming to town
actually — it's on my calendar = so ... need to prepare! (laughter)
Dickens: You'll have to behave! (laughter)
Botchway: Yeah! (laughs)
Throgmorton: Well, I'd like to report I had a very stimulating day on May 15th. So, in the
morning I went out to, uh, the ... the Broadway Neighborhood Center and talked
with Congolese refugees and immigrants, and others who are concerned about
them. A very stimulating meeting, uh... and then at noon I went to a City of
Literature book festival organizing committee meeting, and then in the afternoon I
attended a Housing Trust Fund's 10th year celebration at Trueblood Park, which
went beautifully, and I'm sure many of you were there. I had to split like at eight
minutes after 5:00 because I had to go to prison! It's true, you know, cause once
again my wife Barbara was singing in the Oakdale Community Choir's concert
and (laughter) did a great, great concert.
Mims: Nothing!
Dickens: Uh, Friday Night Concert Series starts this Friday night, uh, out in front in the
park. Starts I believe at 6:30 and goes till 9:30. Weather's supposed to be great.
It's a great start to the year.
Payne: Yes it is, and ... I have nothing to add to that! (laughter)
Dobyns: Hey, Michelle, do you know how nice the Iowa City Firefighters are?
Payne: How nice are they, Rick?
Dobyns: Well, I was riding my bike and I saw Iowa City Station #2, and there was an older
couple, and their car had broken down. I saw three of Iowa City's finest, uh,
firefighters out there changing the tire, fixing the car, looking under the hood, and
helping them out. Now, realize they're only 100 feet away from the fire truck in
case they get called, and they were ready, but I just thought it was really sweet
and I wanted to mention it. (laughter)
Hayek: Wow! (several talking and laughing) I cannot top that extemporaneous genius.
(laughter) Um ... so with that, I'll turn it over to the City Manager! (laughs)
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