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Hayek: Uh, before we move on, I, uh, assume there are people in the audience who wish
to speak to the Council on ... the so-called `cottages' issue, the homes on, uh,
Dubuque Street, um, which has been ... have been the subject of, uh, quite a lot of
communication lately. Uh, I want to explain to the audience that at our work
session earlier, uh, this evening, um, a majority of the Council decided to ... uh,
schedule a meeting, which will occur sometime within the next week, at which
the Council will hear from the community and make a decision about whether to
set a public hearing on the request for landmark status. The Council's not taking
any action tonight. The majority, uh, decided to schedule the meeting. We don't
know when it will be, but we anticipate it occurring in the next week or so. Uh,
and the Council will not engage in any discussion on this topic this evening, and
is not in a position to respond to anything regarding this topic. Um, you are free
to, uh, participate in the community comment section if you wish to make
comments to us; however, we have a very long agenda this evening and I would
encourage you to save your comments for the meeting which will be on that topic
alone, and which will occur sometime, uh, within the next week. So ... and I can't
answer questions. I'm sorry! So, uh... that's ... and I'll repeat this at the beginning
of the ... of the public comment section, as well. So ... I wanted to bring that to
people's attention.
ITEM 2. PROCLAMATION
a) Human Rights Education Day: December 10
Hayek: Uh, Item 2 is Proclamations. We have one regarding Human Rights Education
Day and it reads as follows. (reads proclamation)
Karr: Here to accept the proclamation is Amy Weismann, representing the University of
Iowa Center for Human Rights, and Cora Metric-chen, representing the Iowa
United Nations Association. (applause)
Hayek: Hi! Welcome! Thank you! Hi, thank you!
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ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED
Hayek: Okay, Item 3 is Consider Adoption of the Consent Calendar as Presented or
Amended, with removal of Item 3d(7), uh, which regards the height bonus, uh,
request at 316 Madison for separate consideration.
Mims: So moved.
Botchway: Second.
Hayek: Moved by Mims, seconded by Botchway. Discussion? Roll call, please. Passes
7-0. Item 3d(7) reads as follows. (reads item)
ITEM 3d(7) HEIGHT BONUS 316 MADISON — RESOLUTION
APPROVING A HEIGHT BONUS FOR A PROPOSED BUILDING AT 316
MADISON STREET IN THE RIVERFRONT CROSSINGS — SOUTH
DOWNTOWN (RFC -SD) ZONE (LEVEL II DESIGN REVIEW)
Mims: Move approval.
Payne: Second!
Throgmorton: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion?
Howard: Good evening, Karen Howard, Associate Planner. Um, this item was a request
from a developer. It proposed a 15 -story building at 316 Madison Street. This
process is a level 2 design review process through the City's recently adopted, uh,
Riverfront Crossings form -based zoning ordinance. Um, the height request is five
stories of student housing and two stories for demonstrating leadership in energy
and environmental design. Uh, it's on a lot that's about a third of an acre.
They're proposing 1,400 square feet of commercial space on the ground level and
154 units of student housing, uh, furnished student housing, uh, totaling 248
bedrooms. And there's the mix of housing. It's largely studio apartments, one -
bedroom apartments, and two-bedroom apartments. There are a few three-
bedroom apartments in the mix. Uh, staff Design Review Committee, the form -
based Design Review Committee, um, has studied this proposal and um, we just
wanted to, um, inform the public of the reason why the student housing bo...
bonus, uh, is in the zoning ordinance, in the form -based code. In 2012 there were
concerns expressed about, um, keeping up with the student housing demand, if
some of the neighborhood stabilization amendments were adopted into the zoning
ordinance that reduced the residential density in some of our multi -family zones
that were closer to our more sensitive neighborhoods around downtown. In
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response the City Council directed staff to explore options to encourage high-
density student housing in appropriate locations, uh, near the campus, in the
Riverfront Crossings' district, which would be away from those sensitive
neighborhoods. So certain locations close to the UI campus in the Riverfront
Crossings' district were identified as appropriate for high-density student housing
and were ca... called out in that Master Plan that was adopted, and as an incentive
to build student housing in these particular areas, the form -based zoning
ordinance includes this particular height bonus for student housing, if it is ... if it
meets certain criteria. So those were the crit ... these are the criteria that the staff
Design Review Committee looked at, um, and judged, uh, and have a
recommendation tonight for you. Um, the approval criteria include location. Uh,
the property must be located in the South Downtown Dis... District, University
District, or west Riverfront sub -district — in this case it's in the South Downtown
sub -district, and it must be located within 1,000 -feet walking distance from the
University of Iowa campus. Uh, they must have a plan for on-site management
and security, and if it has over 200 bedrooms it has to have professional, 24-hour
on-site management and security. They have to plan interior and exterior usable
shared open space into the project, uh, with amenities that create a higher level of
... of quality living environment for students than what we've seen in other
student housing projects in the past. They must provide secure bicycle storage
and parking within the building, uh, and maintain a valid rental permit with the
City. So here's the location of the particular property. This is from the ... the
regulating plan in the form -based code. You can see this hashed mark here, um...
is the ... the boundaries of what has been determined to be the University of Iowa
campus according to the City's form -based code, and as you can see, it's directly
across the street from ... um ... from the UI campus and the UI Wellness Center.
Uh, for ... with regard to management and security, they have proposed a
professionally staffed front desk, um, and designed the lobby area to
accommodate this with fu ... full view of the elevator bank and secure entrance.
This desk will be staffed during regular business hours and will have on-site, on-
call staff available 24 -hours. They also have resident assistants. They've, um,
stated they will have two to five trained individuals living on-site, and these
individuals, um, will staff the, uh... the front desk during evening hours as needed.
Uh, there will be on-site professional maintenance staff available daily and on-call
24 -hours a day, a restricted entrance, security cameras installed inside and outside
the building, security personnel available to patrol during weekend nights if
necessary, and strictly enforced balcony rules, um, and exterior cameras placed to
monitor use of the balconies. Um, an intent to enforce quiet hours, as well.
Indoor and outdoor amenities that they have listed and have designs. We've
looked at the floor plans for the building, and uh, exterior building design. Um,
they've planned a study lounger/computer lab, a movie/game room, uh, exercise
flex space within the building, a community lounge with vending, a rooftop, um,
patio with a kitchen, a six -floor sun lounge, a mezzanine lounge, and a first floor
lobby with staffed, uh, front desk. And secure bicycle parking within the
building. And these are just some renderings that they submitted with their
application. The second bon ... bonus that they're asking for is, uh, a height bonus
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for leadership in energy and environmental design. Um, the staff has informed
the applicant that we expect LEED gold equivalence, um, for the two stories that
they're, um, requesting. Uh, the applicant's LEED certified architect has
provided the following summary of points that, uh, he believes that they will
achieve with the design of the building as proposed. Um, this just gives a
summary, but uh... staff has ... has, uh... is recommending that they have to certify,
um, prior to occupancy that they have actually achieved these goals, and prior to
the issuance of a building permit that they would have to identify those in ... in a
detailed list of what they're planning to achieve and then post -construction they'd
have to give us a summary list of...of what they've actually achieved in ... as far
as these goals.
Mims: But, Karen, that's not actually requiring LEED certification. It's just the
equivalent of the LEED gold? Is that correct?
Howard: Right if you ... yeah, if you ... I don't know if they'll, uh, go for that or not, but
they... you're not able to get the LEED certification until after the building is
built. Um ... and if you recall, there was a discussion when we put the bonus
height in the form -based code, uh, some of the developers came out and said it
was expensive (both talking)
Mims: ... expensive...
Howard: ...to go through that process so we ... we amended that bonus provision to say they
just had to get the LEED (both talking)
Mims: ...equivalent. Okay. Thank you.
Hayek: Is ... is there an industry standard on what would be equivalent? I mean, I ... I
understand that not everyone is enamored of the certification, per se, that there are
other ways to achieve the same degree of sustainability, but is there a... generally
accepted means of measuring something like this that in the eyes of an expert
would equate to (both talking)
Howard: Right, and so we've asked them to have their certified LEED ... LEED-certified
architect, um, verify that and have a ... they have a more detailed list, um, that
wasn't included in your packet because it was lengthy.
Mims: Yeah.
Howard: But this was a summary of the points, um ... so they're... they're individual items
and they have their architect here tonight if... if you have specific questions about
it.
Mims: Thank you.
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Howard: Uh, so basically going to our staff recommendation, after consideration of the
building design and the floor plans, and the location of the site, um, staff
recommends approval of a five -story bonus for student housing based on these
findings. It is, uh, most and foremost it's an ideal location, directly adjacent to
the Univer ... University of Iowa campus and across the street from the UI
Wellness Center and the UI Main Library. It has a high level of indoor and
outdoor amenities, given the size and footprint of the building. Uh, 24 on s... 24-
hour on-site management and security. Um, it has excellent storefront frontage
design of the building. Um, indoor bicycle storage for over 100 bicycles and the
potential for Zip Car location. Um, I believe that they're pursuing that option.
Um, staff recommends that the applicant be required to sign an agreement that ties
compliance with the management and security plan to issuance and renewal of a
rental permit, so that compliance can be monitored and evaluated over time. So
this is sort of a living documents that we have this management plan, um, on ... on
file. And then, uh, staff also recommends approval of a two-story bonus for
leadership in energy and environmental design, based on these findings. A
summary analysis submitted by a LEED-certified architect indicating that LEED
gold equivalence will be achieved. Uh, staff recommends verification by the
applicants registered and LEED-certified architect that the building has been
constructed to meet LEED gold standards prior to issuance of an occupancy prem
...permit, and a list of the total point calculation based on actual on-site
achievements be submitted to the City for review. I'd be happy to answer any
questions, but I do note that the applicant and their architect's here for any
technical questions that you have.
Payne: So (both talking)
Throgmorton: Matt... oh, sorry!
Payne: I was just going ... one easy question, I think! On this particular lot they could
build an eight -story building without doing ... having any special exceptions or
whatever, but ... with the ... with these five and two, it would be a 15 -story
building.
Howard: That's correct (both talking) 15 -story building.
Payne: An eight -story building is allowed by right ... on the lot.
Howard: By right. That's correct.
Payne: Thank you.
Throgmorton: Yeah, so, uh... thanks for the excellent presentation, Karen. Um, I asked to have
this pulled, uh, and put out of the Consent Calendar because it's the first time
we've had an opportunity to review a level 2 design ... for a project in the, um,
Riverfront Crossings' area, as part of the form -based code. So it's important first
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step, it seems to me, and I wanted to make sure that ... we were clear about a
whole bunch of things! Um, so I ... I think it's an outstanding location for a
project very similar to this, and on first glance I'm very impressed with the
building's elements and its design. So I'm predisposed to favor it! But I do want
to ask a series of questions which I did not ask in the work session, and I did that
intentionally, so that, you know, people would hear the questions being asked and,
you know, see it on TV and whatever. Uh... mainly because it's a threshold kind
of situation. All right. So the first question I want to direct to Eleanor, our City
Attorney, and she knows I was going to ask this question. Uh, it ... it's my
understanding that a developer of this site can request up ... up to five stories of
additional height for student housing that meets specified performance standards,
and up to two stories for demonstrating LEED equivalent design. They can
request that, right?
Dilkes: Correct.
Throgmorton: So my question is, how much discretion does the Council have in terms of
deciding whether to approve the developer's request? Asked differently, are we
legally required to approve what the staff form -based code committee or whatever
it's called, uh, has recommended, or do we have some flexibility in terms of say
how many stories to authorize?
Dilkes: Um ... thanks for the heads -up and I am prepared to answer it. Um, it's a
discretionary decision on the part of Council. Um, one of the criteria for getting
the bonus height is to meet the approval criteria that are included in each
provision, the student housing and the, urn ... sustainability provision. Um, but
...in addition to that, these are the principles that should guide the Council's
decision. Um ... the proposals in order to gain bonus height should demonstrate
excellence in building and site design, use high-quality building materials, and be
designed in a manner that contributes to the quality and character of the
neighborhood. The resulting development must be all (mumbled) codes. Bonus
height is granted solely at the discretion... of the City. Okay. So you can't be
arbitrary. You can't say no because you don't like the applicant, for instance, but
that provide... those guidelines provide you with considerable discretion.
Throgmorton: Okay, so if... if the Council as a whole had a good rationale for saying no, I don't
want to do five stories; I want to do three more or something like that, if there was
a good rationale for it, we could do that.
Dilkes: Yes.
Throgmorton: Okay. I ... it's the first time we've done this. I just wanted to be clear about that.
Thank you for helping out with that. So I guess my next questions go to you,
Karen. Um ... the developer's summary, which you shared with us, uh, in our
packet, states, `Gap financing may be requested.' In other words, public subsidy
of the building. Is it the staffs understanding that the developer will be
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requesting TIF, tax increment financing, support or some other direct financial
support from the City for this project?
Howard: Um, I'm not working on that aspect of it, but I do understand that they ... they
have, uh, they are going to pursue that. From my understanding ... probably be a
better question for the applicant.
Throgmorton: Well (both talking)
Howard: ... cause they would be able to (both talking)
Throgmorton: I know that's what, uh, I think you said earlier in the work session too, so ... uh,
I'll take that as a likelihood anyhow. So, for the record, I'd like to say my sense
is it would be completely unnecessary and inappropriate to provide TIF assistance
for a project whose property has already increased in value significantly in
response to the higher densities permitted by the form -based code, and which
would already be receiving such a large density bonus. It makes no sense to me
to provide a density bonus in order to ... encourage certain kind of development,
and then ... provide a tax ... a ... a, some kind of public subsidy to make that happen.
So, I just want to ... that's my view! Nobody else has to agree with me, but ... I just
want to be clear about that, and ... and I wanted especially to know whether in fact
it was likely that the developer would be applying for a TIF. So, thank you.
Hayek: We just have to be careful here, Jim. I mean, I may share your view, uh, on that
issue but... but... tonight is merely a...
Throgmorton: I understand.
Hayek: ...building height issue and not ... a decision on ... subsidies and (both talking)
Throgmorton: ... I'm not saying I'm going to make a motion (both talking)
Hayek: Okay!
Throgmorton:... this or that. All right! But thank you. So ... the ... the summary also provides a
chart comparing property taxes on a 15 -story building on the site, compared to a
five -story building on the site. I ... I didn't... honestly didn't fully understand that
particular chart. Do you know the one I'm referring to?
Howard: Yes I do, and I'm not exactly sure why they included it in the ... in this particular,
um, set of documents going to the Council cause it had ... more relates to I believe
what they're going to be asking, and why they're going to be asking, for financial
assistance and how they're going to be asking (both talking)
Throgmorton: Yeah so ... yeah so maybe next time around we can ... do that, uh, a little bit better.
Uh, next, uh, the developer's summary indicates, as you've said, design measures
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that will be taken to be equivalent with the gold ... LEED gold standard, uh, or will
be equivalent with it. Uh, and given the ... the one, um ... slide you showed about
the LEED equivalent stuff, uh, it appears as though 28% of the project's 60 points
would come simply from its location.
Howard: Right, and that would be true of anything... anything in Riverfront Crossings in
this, in these locations (both talking)
Throgmorton: Right! Right!
Howard: ... so anybody that would be claiming, um... LEED, obviously they'd be able to
calculate all of their points, based on ... that's why we specifically said we are
expecting more than, you know, LEED certified or LEED silver because you can
almost achieve that with just location. So we set the bar ... we said you need to
achieve the higher goal.
Throgmorton: Right, so ... so...
Howard: ...we allow up to four stories of...of bonus height for, um, for LEED, uh,
equivalence. So they're asking for two. So even for two we said we're expecting
gold.
Throgmorton: Okay. So it ... it's good that there are other measures that are involved in the
LEED design... element of this. Uh, but uh... let's see ... I ... I gather from what
you said, staff has received from the developer a ... much greater detail about what
those LEED elements, or LEED equivalent elements, would be for this project,
right?
Howard: Yes, that's correct.
Throgmorton: Yeah, cause what we got was pretty vague, right?
Howard: Right!
Throgmorton: Yeah, okay. Uh, so ... on a related, a directly related point, urn ... I'm thinking
about the location of this project relative to the flood plain. Uh, I don't know
which one, 500 -year, 100 -year, you know, or a 1 in 500 probability, but ... my
recollection is that ... in 2008 flood levels got either on that site or very, very close
to it. I don't really remember which. But ... but here's my question ... uh, what are
the developer's plans for avoiding damage and significant disruption of residents'
lives from any future flood that might occur there?
Howard: I don't know the answer to that. I knew ... I know that, um, I believe that in 2008,
you know, the Rec Center... University's Wellness Center is one block further
toward the river, um, and I don't believe it sustained any damage during the 2008
flood, but ... um ... I'm not, you know, that'd be a question for the applicant on how
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they plan ... if it's in the flood plain. I don't believe it's in the flood plain. So they
wouldn't be required by code to, um ... build any kind of flood protection. (both
talking)
Throgmorton: All right (both talking) Maybe the developer should as ... answer this question,
but I ... I do want to make sure that the building ... the underground parking, and
the first floor, will ... will not sustain flood damage, and ... and that the people who
live in the building won't somehow find themselves isolated or not able to get to
their residences and so on.
Howard: I'm not aware that this is in the 500 -year flood plain, this particular property,
but...
Payne: Don't ... don't we have codes anyway that if you're going to build a ... commercial
building in the flood plain it has to have ... the water has to be able to flow through
it?
Howard: Yes. So if the ... if the building is in the flood plain, it would have to meet all
those building code requirements for flood protection.
Throgmorton: Okay. I ... wanted to know that. With regard to underground parking, uh, when I
read through the materials submitted, I couldn't see how many underground
parking spaces were being provided. Do you know the answer?
Howard: Um, I can't recall. It's around... it's ... I think it's about 54 spaces.
Payne: Like five four?
Howard: Fifty-four spaces. In this particular los... location, they have, um, in the
Riverfront Crossings' district, if you're directly across the street or abutting the
University of Iowa campus, you're building student housing or qualifying for a
student housing bonus, you can ... your parking ratio is .25 spaces per bedroom.
Payne: So, I...I...can I ask a question on top of that, Jim?
Throgmorton: Sure.
Payne: So ... it says 248 bedrooms, but there's 53 studios that aren't included in that 248.
So there's going to be 53 extra people that aren't included in the 248.
Howard: I ... don't believe so. I think that's the total count.
Payne: Well when I add up these numbers, 78 ... okay. Sorry. I added wrong! (laughs)
But 54 does ... doesn't seem like very many for ... 248 potential cars.
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Howard: Well I think the idea here was that ... that there wouldn't be a need for a lot of cars
being directly across the street, and this was something that was included in the
Riverfront Crossing's code. As the standard we wanted to not encourage students
to bring their cars and being directly next to the campus, in this particular
location. Now no other properties except those properties that abut the campus
would ... would receive this low, um, parking ratio, but ... that's beside, you know,
it's not related to the hou... housing ... the height bonus. It's just...
Payne: Right, I understand it's not (both talking)
Howard: That's the ratio regardless of what they build here.
Payne: Right. Okay. And, well... obviously though if they only built a... eight -story
building, there's going to be less bedrooms. So ... less con ... less cars that are
parked in the neighborhood.
Howard: Well they might chose to build fewer parking spaces, as well, cause it's expensive
to build the underground parking.
Payne: Yeah, I ... I would be very concerned about the number of cars that it's adding to
the neighborhoods.
Throgmorton: It does introduce some uncertainty, doesn't it?
Payne: Uh huh.
Throgmorton: Uh, I mean, I would hope ... I mean you know I'd hope this, that ... that the vast
majority of students would not bring cars, because they'd see all good ... all sorts
of good reasons to walk and use buses and whatever, Cambus especially! But
they might not.
Hayek: So other questions for Karen?
Throgmorton: Thank you, Karen (both talking)
Hayek: If not ... yeah!
Throgmorton: Thank you for letting me ask, or for answering those questions.
Hayek: Any input from the audience?
Botchway: I had questions for the developer.
Hayek: Okay, um...
Gravitt: I'd like to ask the question ... you said from the audience.
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Hayek: Ma'am, could you, uh, just give us your name as well for the record?
Gravitt: My name's Mary Gravitt, and I'd like to ask a question. Now this ... this here is
15%, uh, stories and it's down near Madison Avenue, which doesn't really matter,
but why is The Chauncey allowed 20...15 to 20 stories when everything up here
is seven stories? So it seem like it's a .... it's something going on here! Now, this
is a low-rise neighborhood, but you got 15 to 20 stories, which is exciting.
Everyone ... I don't live downtown, which is exciting the church, so really what's
going on, this is what I want to know!
Hayek: Thank you for the comments. Anyone else ... yeah, we'll bring the developer up.
Just wanted to ... is there any input from the audience, beyond Miss Gravitt?
Okay, I think there's a question for the developer.
Graves: Mayor Hayek, Council, Charlie Graves with CG Hanson. Thank you for allowing
me to answer your questions!
Botchway: Well ... so ... Jim's right, I mean, this is a threshold type of situation, and we just
got done discussing another ... the potential building in the Riverfront Crossings'
area, and so I ... I guess my ... there ... now there's been multiple questions that have
come up ... based on Jim's questions, but ... I guess I'm looking at Eleanor, but also
looking at you. I ... I want to know how much TIF financing that you're thinking
about requesting, because to me ... it matters directly to whether or not I ... would
be interested in promoting that height bonus.
Dilkes: Okay, I think we have to back up a little bit here. (several talking) Just because
the Council has discretion on this decision does not mean that it doesn't need to
stay within the confines of this particular question, and the principles that I read to
you when I was answering Jim's question, and that need to be guiding your
decision making on this are ... with respect to the LEED, in general the higher
level of energy efficiency or environmental stewardship demonstrated, the greater
the bonus. So you need to be focusing on those issues with respect to the bonus
for energy and environmental design. With respect to the bonus for student
housing... additional bonus height will be granted for projects that are ideally
located and designed to provide a high-quality living environment for college
students.
Botchway: Okay. So I'll... I'll... I'll ask another question.
Dilkes: So TIF ... TIF is not ... TIF is not a part of that decision. You may chose if there is
a request for TIF down the road to ... to vote against it, or you ... and as Jim says,
he can express his concern about that now. That's fine, but in terms of your
decision on the height bonus, you need to be focusing on those principles that I
just read to you.
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Botchway: Okay. So ... the ... Jim's right, you know, a lot of the stuff that came from the
packet was vague. Can you give me a more detailed report about what particular
things you're going to promote as far as the equivalence of LEED gold?
Graves: I guess I don't understand the question. We ... we did submit a very detailed,
um ... uh, list of the items and what we hope to accomplish. Um, it's ... it's tough
before you've started the project, um, to identify all of the aspects, because we're
also exploring the possibility of actually going through the LEED process and
becoming, uh, certified. We're also exploring things that we did not list, uh, such
as photovoltaic, uh, solar options, things like that. So, there are a lot of things
we're going to explore to maximize the opportunity to, um, to provide sustainable
aspects to the project. So, um, that's kind of a work in progress, um, as we get
further down the road with design, uh, documents, um, so it's tough to answer
ahead of time what we will and will not be able to do. Does that make sense?
Botchway: It doesn't, because then I'm confused how you achieve the... requirements for our
staff in order to present (both talking)
Graves: Well we didn't ... we didn't achieve them. We suggested that those are the points
that will ... we will strive to achieve.
Payne: And the staff did get that list. They just didn't provide to ... in our packet.
Graves: (several talking)
Botchway: But we're gonna make a decision to provide a height bonus on information we
didn't receive?
Payne: We ... we received the, um ... a summary of it, yep.
Botchway: Right. I'm still confused.
Graves: If you have specific questions about specific points, my architect can answer
those ... those questions, but...
Meckley: Good evening, my name's Todd Meckley. I'm the President of Entasis Design.
Um, I think there's some confusion on what we're doing for equivalency and
LEED. We actually used the 2009 LEED guidelines and chose right out of the
LEED guideline booklet. So, it's not something that we think equates to LEED,
and we're actually looking at all the LEED points and how the points is structured
from site, from water consumption, from energy efficiency — from all those
aspects. So the very descriptive, uh, component actually identifies each one of
those and breaks down exactly where we are looking for each one of those points.
So it's a very, very detailed outlook of...right out of the LEED guidelines. So it's
not a ... it's not an equivalency that we've said `well this is kinda like LEED.' We
actually looked stra... strategically at the LEED guideline list and that's what we
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provided, uh, to staff. So it's not ... the equivalency is what ... the equivalency
we're shooting for is an equivalency of gold. Um, according to the development
form -based development guidelines, we're up ... we're allowed up to four stories
for LEED guid... LEED efficiency and guidelines. We're looking for two, and the
suggestion was not certified, not silver, but to try and reach to gold. So we chose
the sections that we felt comfortable, being able to financially actually meet and
or exceed that gold level. Does that ... I don't know if that answers your question.
Botchway: (both talking) Yes and no, I mean I ... I guess I'm still interested in ... learning
more about what was in that detailed report.
Meckley: I ... I have a copy of it here if you'd like to see it.
Botchway: Sure!
Meckley: I don't know how that ... how that works with ... if that helps you understand.
Hayek: I mean, Kingsley, I ... I ... that report was submitted to staff, and staff is
recommending to us that it satisfies their review on this aspect of the bonus
request, and so what we received was a summary with some detail, not as much
summary as in the original submission from the applicant.
Botchway: Well and ... and the reason why I'm very interested in this is because, you know
again, the arguments go back and forth about LEED certification, and whether or
not even being truly gold, with the gold standard, whether you're energy efficient,
and so I ... I literally wanted to see the detailed points. I'm not saying I'm an
expert in it but at least when I'm talking to people who might have questions
about it I can go back and say, well, this is why I voted a certain way. Without
that I just don't feel like we have the information to even ... to even talk about it
right now. But that's just my opinion, so...
Hayek: All right.
Meckley: Well like I said it's ... I know it's a big packet of information, but uh, it...it clearly
defines each one of the components. You know, to Jim's point that 17% of it's
coming from site, well absolutely! The site, the location, the parking, the bike
storage, the proximity to be on transportation, the adjacency to the University all
those are key components to any LEED project. Uh, you get a lot of the
components from the site! Uh, that's why we're not in suburban, you know, Iowa
City. We're not trying to get a brownfield, you know, area somewhere. This is...
this site is as good of a LEED chosen site selection that we could possibly obtain.
So that's a reason why the site is (laughs) the site's given us a lot of...lot of
points. Um, but you know, there... there's also in there, you know, we're trying to
hit some minimums we may actually exceed once we do some of the selections,
you know, as far as water conservation. You know, we're trying to hit that 20%.
We might bump it to 30%, depending on the fixtures we get. I mean, obviously
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all that maximizes the LEED guideline, but it also saves the students, uh, on cost.
It saves the developer and the owners, uh, operational costs. So, a lot, you know,
we're ... we're working toward as high that we can go on an efficiency to where
the finances actually, you know, allow it to. So, you know, we are shooting
specifically, which to me is a very, very high rating level for any building! I
mean a LEED gold certified building is a very, very efficient site, you know,
conservation, you know, energy efficient. It's ... it's ...it's almost the top tier, and
you rarely see very many platinum buildings. So ... I was, you know, we started
this out we thought, well, if we're just certified we're good and then that ... that
wasn't enough (laughs) so ... we thought the ... each one of the four levels was
associated potentially with certified silver, gold, platinum, but we're actually
hittin' the third tier, but only really looking at a two-level bonus. So, again,
we ... we feel as a team that we're far exceeding what ... what the form -based
guidelines actually require.
Throgmorton: Yeah. Matt, I ... I'd like to follow up on the flood question.
Hayek: Sure!
Throgmorton: You know I asked Karen Howard a ... a question having to do with, uh, potential
damage of...of the first floor or underground, uh, in the event of a flood. So,
you're the architect. So ... what's the actual situation? Why should I not really be
worried about that?
Meckley: Well any... it doesn't matter where we build, if we do anything subgrade, we have
water -proofing consultants. We have a complete dewatering system under the
foundation. We will take care of as much hydrostatic pressure as we can. I mean,
obviously you guys seen this in 2008. Floods don't happen in a moment. You
know, we do have some time to actually... if we needed to evacuate or... or
protect, or get some of those lower level components out of the basement level,
um, but we do a very significant, and obviously the building officials will see, uh,
we aren't in that flood plain and ... and from what I understand the ... even the
fitness facility across the street there was not affected. Um, so ... we are doing
everything possible, you know, if a flood, you know, 1,000 -year, 500 -year flood
happens, you know, with the available time that we have, the only thing that's
really down in that basement would potentially be some cars. So we would have
enough time to at least get those cars out of there, but there's a complete
dewatering system that's underneath, you know, piping, perforated, to handle as
much ... even if the water does get there from hydrostatic pressure, will it handle a
flood that gives another four feet in that location, I mean, I ... I would say not. I...
I don't think there's anything that can really battle, you know feet above the
ground floor plain, uh, but we're doing everything we can, especially from a
liability standpoint for us and the owner. Uh, that we ... anything underground
is ... the water is definitely one of the biggest defiance (both talking)
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Throgmorton: And am..am I correct in understanding that, uh, the ... the first floor's being
designed so that it could possibly be flooded without damage?
Meckley: Yeah, the first floor at this point is a commercial shell and the reception area.
The ... the residence are actually two floors even above ... or a floor, a large story
mezzanine level above the street.
Throgmorton: Uh huh.
Meckley: So the residences would have to get a flood at that point, you know, 22 -feet above
Madison Avenue. Does that answer ... I don't know if that answers (both talking)
Throgmorton:... almost. I mean I get the point about the residences but...
Meckley: Sure, sure!
Throgmorton:... on the first for ... floor, if commercial goes in there, which presumably it will,
can it be ... will it be floodable without damage to the building, uh, you know.
Meckley: I ... you, I mean, you pose a good question. Urn ... you know, are we going to
provide trench drains, are we going to try, you know, try and avoid anything that
happened back here in 2008? Absolutely! I mean, we're going to do everything
we can in our power to avoid that. Um, you know, we ... we do hotels as well as
student housing coast-to-coast and, you know, I don't know... and not to refer to
something that happened up in North Dakota when the Saskatchewan River
flooded and literally had six feet in the downtown. Was any of that designed to
handle six true feet above the ground, you know, the street plain? I would
probably say not. Uh, but I can't make that call unless we understand, you know,
that there is a flood that is potentially going to hit that ground floor level. So I ... I
don't know if that, again, I'm not trying to skirt the issue. I ... I can't tell you what
kind of flood, any flood in any ground floor level would cause damage.
Throgmorton: Okay. Thanks.
Meckley: Don't know (laughs) don't know if that answered the question!
Throgmorton: Thank you (mumbled)
Hayek: Any other questions for the developer? Okay, thank you.
Graves: You bet! Thank you.
Hayek: Okay, why don't we close it down for Council discussion.
Mims: I'm very much in favor (both talking) I'm sorry ... going (both talking)
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Payne: Go ahead, Susan!
Mims: ...yeah, I'm ... no, I'm very much in favor of going ahead, uh, I mean, I think staff
has looked at this very closely in terms of the bonus heights and, uh, making sure
that the documentation is there to justify those. Um, there may be other points of
decision that come back to us later and maybe not, and we'll deal with those, um,
at the time and while we were sitting here I pulled up the flood maps and this is
way out of the 500 -year flood, way out of it! So, um ... uh, very much supportive.
Good location for student housing.
Payne: I think it's a fantastic location (laughs) for student housing and uh, you know,
for ... for the density, this is a good way, good place for it and urn ... I think that
they have demonstrated, and staff concurs, that they, um ... they've done
everything they need to do to get the height bonus. So I ... I'm in favor.
Dickens: It's the private sector stepping up to a problem that the University has of not
being able to keep up with housing. It's in a perfect location, and the LEED
certification that they will achieve, I think just makes this a fantastic project for
this area.
Hayek: I ... I'm supportive as well. I ... I, uh, I think this has gone through considerable
staff vetting. It is a test case, as you pointed out, Jim, um, and I think it...it
pursues the goals set forth in... in the new code we developed for that area. Um,
and uh... I think it's a great thing for... for the area, and it... it goes through so
much staff vetting and that's reflected in the report, um ... I think they did a very
careful job. I ... I don't have any problems supporting this.
Botchway: And I don't disagree. I ... I do ... believe our staff does a wonderful job. I just am
thinking as soon as we get done with this meeting I'm going to get a couple texts
and a couple emails, and they're going to be asking me why did you, you know,
agree to the particular provision, and I at least can that I looked at a document and
I can give them specific points of why I might be supporting it. That's... that's
all. I do have a question as far as, will this come back to us? In some...
Mims: Not necessarily. That was the question I asked in the work session. Not, I
mean...
Hayek: On the issue of height?
Mims: On the issue of height. The only thing (both talking)
Botchway: No! Yeah, so I ... I'm not worried about the issue of height, but in the event that,
you know, there is some TIF financing (several talking)
Mims: That would have to.
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Dilkes: Of course it will come back to you, yes!
Botchway: Okay. (several talking)
Hayek: And I also would want to add that, as we talked about at our work session, the
um ... as you can see on the screen there are discussions of, uh, security,
management, you know ... RA equivalent staffing, those sorts of things, which
were part of the calculus that led staff to recommend this. Those obligations
would be embedded in the agreement that the City would work out with them and
be tied to the rental permits, so that if...if it's built, uh, and becomes a permanent
fixture, uh, in that area, we have a means of enforcing those obligations in the
future. So ... that was my concern and it was satisfied by our discussion.
Throgmorton: So, I...I'd like to say that I too am going to support this. I ... I totally trust the staff
has done a thorough job of, uh, of...assessing what the developer proposed and
making sure it was modified in appropriate ways. Uh, I don't have any problem
with that at all. I ... I think my major concerns were to ... I thought it was very
important that we do our job, as a Council, and in this instance, it's something
new. Meaning none of this level 2 analysis. So ... I felt like we had to make sure
we assessed ... as best we could, what was given to us, and ... and decided on our
own whether we thought it was good... a good project to proceed with. The other
concern I have, um ... is ... is somewhat different, I'll just mention it and then we
can get on with the vote. The other concern has to do with the height of this
building relative to all the other buildings in this southern, south of Burlington
Street, and I con ... I'm concerned that we're gonna end up with a few islands of
very tall buildings, like one at Court and Linn Street, um, another one somewhere
else and ... and they, from an urban design point of view, it really won't hang
together, and ... and I'm .... I'm concerned we're gonna end up with these just sort
of... sort of spikes (laughs) uh and ... I ... I don't know that that's gonna turn out to
be good for our city. I ... I ... but we'll find out! So I'm gonna vote for it!
Hayek: Further discussion? Roll call, please. Item 3d(7) passes 7-0. Do we need a
motion to accept correspondence on that report?
Karr: If we're going to distribute it to all of you. Do all of you want a copy of it?
Mims: I don't.
Payne: No.
Hayek: No, I didn't know if...
Botchway: I was the only person that wanted...
Karr: Okay.
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Hayek: Okay.
Karr: So ... I'll duly note that.
Hayek: (mumbled) Marian! (laughs) Trying to catch you actually.
Karr: Do you want... are... are you going to give it...
Botchway: Back? (laughter)
Meckley: If... if you wouldn't mind, I've got some other notes in there, but we have it
digitally available.
Dilkes: We'll get it to you (both talking) Yeah.
Hayek: That's fine. Okay.
Dilkes: Yeah. Staff will send it to you.
Karr: Don't need a motion!
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ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA) (UNTIL 8
PM)
Hayek: We will at 8:00 proceed to the rest of the agenda, and if there is community
comment left over, we can take that up under, uh, Item 10, um, at the back end of
the meeting. I do want to reiterate what I said at the beginning of this meeting. If
you're here tonight regarding 608, 610, or 614 South Dubuque Street, uh, the
Council at its work session decided to schedule a meeting, which will likely occur
within the next week, to discuss whether to set a public hearing, uh, on the issue
of landmark designation, as has been requested I believe by Friends of Historic
Preservation. Um, we can't talk about it tonight. We won't engage in it tonight.
Um, you can address the issue if you'd like, but I would encourage you to save
your comments for that meeting, which will be scheduled solely for the purpose
of taking up that issue. And per usual, uh, the community comment is for items
that are not on the agenda, so if there's something not on tonight's agenda that
you'd like to bring to our attention, we ask that you sign in, give us your name
verbally, and keep your comments to five minutes!
Gravitt: My name is Mary Gravitt and I'm here about something that happened in October
of, uh, this year ... if I can get any sound on this thing. I don't know if the sound is
working, but I'm talk ... I'm here ... I don't know, it seems to be on ... oh! I'm
pressing the wrong thing (playing audio file)
Throgmorton: ... the volume up. (audio file volume increases)
Gravitt: (playing audio file from October 21 Council meeting) Now what, uh, the
Councilman Throgmorton was talking about was giving TIF to this person that's
moving in on the south side in what used to be Sycamore Mall, and what the
people are solidly pissed about is that we as ... as the community have human
rights too. So to go out and give money to strangers, like we just had a
demonstration of millionaires needing TIF money. In my day, if a millionaire
wanted to build something, he build something. So why do we have to give TIF?
And I'm going to hook it up to what happened in Ferguson. Most people think
that Ferguson was about race. That's tangential. How long we been fightin' race,
since 1619! But it was about ignorance of 201h century history. It was ignorance
of the 1919 Red Summit, and ignorance of Ro... Rodney King! It was about
disrespect for the public! Now, they could predict the outcome of. ... of what was
going to happen in Ferguson. The Governor, the Mayor, the City Council, and the
Prosecutor... (mumbled) what they call a (mumbled) of this neo -fascism that's
sweeping the country, where the people — the 99% -- have no rights. He called...
he should have called out the National Guard and they shoulda sti... stood
shoulder to shoulder, but the people who own property didn't count cause they
were small people. They didn't care ... they didn't care whether those people were
black or white. They just didn't count! And the ... the only winner of what came
out of Ferguson was ISIS and ISIL, Putin... Vladimir Putin, I know he's laughing
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out the side of his neck and wherever else he's got (mumble) out. And in ... and
even China! That court that they had was what the ... the equal to a secret court
that they're holdin' in China. We said, oh those communists are so bad! We're
just as bad! And then Putin got the laugh because that's down there in Missouri,
this small town called Fu ... Fulton is where Winston Churchill went and said an
iron curtain is closing across the ... Europe and closing across the west. So that we
see that Ferguson had more to do with disrespect to the people, and this is what
the people in Iowa City are fa... are upset about. You talk about Tiffin, even the
(mumbled) can go up 15 stories. That's Madison Avenue! That's a commercial,
but when you want to put 15 to 20 stories down on College Street, where the
average building is seven, uh, seven stories high, and if that's not disrespectin'.
So we talk about people ... and the bible says ... we're talkin' to the City of...of,
uh, Literature. The greatest literature we have is the bible, and it talks about you
talkin' about the speck in your brother's eye, when you got a beam in your own
eye. So I'm ... I'm just givin' you some advice! You're gonna put that tax back,
uh, on the ... on the docket again. People gonna vote it down like a lead balloon
like they did -before, because people are tired of being disrespected, because we
think here I don't know why we think we got human rights! And we're tired of
people with millions of dollars comin' here buildin' some buildin' ! You got
enough money to build buildins' ! You got enough money to pay for it yourself.
You don't need TIF! Unless you want the ... what happened in Ferguson to
happen here. Like I'm sayin', Ferguson was only tangentially related to race.
Look at the economics of what happened over there, and that's all I have to say.
Thank you!
Hayek: Thank you for your comments.
Karr: 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.
Persson: Hi, my name is Dottie Persson. I'm a 42 -year resident of Iowa City and a 42 -year
University of Iowa Research Librarian, with subject expertise in education and
psychology. I just retired. Um, I brought with me tonight the Iowa City Housing
Authority Annual Report. Um, I'm assuming that, um, all of you regularly
receive it, and that you are aware of the statics about the elderly, disabled, and
working poor who receive assistance through the Iowa City Housing Authority.
Um, I also assume that you know the numbers of adults and children, um, in this
group and other demographics, uh, provided for you in this report. What I would
like to relay to you tonight is the impact that I have seen of our inclusive behavior
on the more affluent and those with lower incomes in our community. As a
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librarian, I helped graduate students, some from middle class and some from
wealthy families, with their dissertations. I also worked with graduate students
who confided to me that they grew up homeless for part of their youth or in foster
care or in sub -standard housing. Some were raised by a single parent or by grad
...or by grandparents with limited financial resources. In spite of the obstacles
they faced as children, these students advanced academically and were at the
University of Iowa working on their Ph.D.s. All of the graduate students watched
what we did at the University and in the community. For instance, when we built
Shelter House, they were impressed and grateful. We showed them that we cared
about the most vulnerable among us. Various University departments and
colleges found that there was a shelter where students could have important
educational experiences. These graduate students were proud to recommend the
University of Iowa as a place to complete a degree, and Iowa City as a place to
live. After completing the Ph.D. degree, some decided to stay in the area and
raise families, adding to the do ... the cultural diversity of the community. We
now have the opportunity with the Riverfront Crossings' area to set clear
expectations about affordable housing, and... still more pride in this community.
If there is affordable housing in this area, individuals and families who are less
affluent will have the same access to public transportation, health services, jobs,
and University and cultural events downtown, as those who have been more
financially blessed. We can demonstrate to those who come to Iowa City that we
can reasonably balance market and profit concerns with affordable housing in an
area that will benefit from significant public infrastructure investments. We can
be an example for other communities in Iowa or around the nation. I believe that
you will strike that reasonable balance. I have faith that you will not miss this
important opportunity. Thank you.
Hayek: Thank you for your comments.
Perteit: Good evening, my name is Bronis Perteit and I am the Director of Client
Advocacy Services for DVIP, and I'm also part of the Johnson County Coalition
for Affordable Homes. When I came here, um, this evening I was thinking about
what I was going to say, and I couldn't help but think about the opportunities, um,
that I had and the necessary steps, uh, that my family had to take when we
migrated to Iowa City. Um, the lady mentioned about Los Angeles. I'm a
resident of Iowa City. I've been here for 22 years. I've grown up in this
community, and the way that I got here, um, was because of the Rodney King
beatings and the LA riots. My mother worked for the Los Angeles Police
Department. It was a very bad time for us in Los Angles. A lot of racial
segregation, and she decided that she did not want to raise her children there. She
had a family member who lived here in Iowa City. Went to the University of
Iowa, was a football player, and decided that it was an opportunity to bring her
family here. Educated woman, um ... but had to start all over after leaving the
police department, with two young kids. When we came here, um, we needed the
affordable housing. We needed to be able to stay in places that she could afford
until she could get up on her feet, and it took time and there was steps and it was a
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process for her. Um, I come to you because I am obviously in favor of affordable
housing. Um ... I needed...I am a product of affordable housing. Um ... as a
director, uh, for DVIP, it is ... disheartening every single day the clients that I work
with in seeing the situations that they're coming from. Um, fearing for their lives,
wanting to be a part of this community, needing safety, um, wanting opportunities
to be able to get on their feet but not being able to afford living here. Um, but we
need them! We need them to work the jobs that a lot of people, um, don't want to
work, and it is ... in my opinion a shame that they can't reside in this community,
and so I think the Riverfront Crossing is a great opportunity. There are other
opportunities within this community to add affordable housing. It, um, on our end
it's a shame for a woman to have to leave and go back to an abuser, um, to have
to leave outside of the community because they're not wanted because of the
perception. I think some things, you know, being in that position changes your
perception. Everyone does not have access to the same things, even though you
know when you think pull yourself up by the bootstraps, that mentality. Everyone
doesn't come from the same, and so some people need a little bit more help than
others and I think that we owe it to people that make this community what it is,
that they are valuable and they should have the opportunity to have their basic
needs met. Um, and so that's my opinion for this evening. Thank you.
Hayek: Thank you very much. We have time for one more comment and then we'll move
on.
Botchway: Matt, can I make a ... can I make a motion or ... make a motion after this last
comment?
Hayek: Sure!
Olmstead: Good evening, Mayor, and Members of the Iowa City Council. My name's Harry
Olmstead and I want to thank you, recognize your work and that of the
Transportation staff, in moving forward in assisting the elderly and persons with
disabilities in Iowa City by approving the purchase of four new buses for SEATS
paratransit. That's a start! We have more to do, but I really appreciate your
efforts that you brought forth. I also want to address the affordable housing
concerns, because I think when we talk affordable housing we're also talking
about diversity. Diversity in our neighborhoods. I urge you to work with other
communities, with the School District (coughing; unable to hear speaker) and
solve the problem that the School District faces and that we face as a whole.
Thank you.
Hayek: Thank you for your comments. So again when we get ... we're going to move
on ... I know there's going to be a motion here before we move to Item 5, but
urn ... uh, we will move into Planning and Zoning Matters and then at the end of
the agenda, at Item 10, if there is still interest in community comment we will
open back up for that. Kingsley, did you want to make a motion?
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Botchway: I'd like to make a motion to extend the, uh, community comment an extra... 15
minutes.
Throgmorton: Second.
Hayek: Moved and seconded. Council discussion?
Botchway: I don't know if we ... oh, go ahead (several talking) I don't know if we can just,
you know, condense the time to maybe two minutes, but ... just in, kind of what
we talked about at the work session, um, allowing people to kind of get out what
they need to say now, um, I think would just be important. I mean, at least for...
for me to hear. I don't want people, uh, to have to wait around and us go through
the entire Council agenda, um, just to make a two -minute comment.
Hayek: I understand the concern. I ... I'm not supportive of that, because we ... it's hard to
distinguish what's more and what's less important on a given agenda, and to ... to,
and ... and I'd ... I'd ... I like to be consistent with how we approach each meeting,
and we've done that, and we do have it, uh, we ... we schedule time at the end of
the meeting for overflow, uh, community comment, but ... that's my position, and
if there's a majority in favor of extending we can certainly do so.
Throgmorton: Well, I ... I'd like to ask a question, Matt. Um ... for me, in terms of how I want to
vote on this, it pretty much depends on how many people are here, hoping to
speak in the public discussion period, cause if there's a large number, that ... that
carries some weight, for me. So...
Hayek: Can ask for a show of hands.
Throgmorton: How ... how many people would like to speak in the public discussion period?
Hayek: Six to eight hands maybe out there.
Throgmorton: Yeah, okay, so ... doesn't carry enough weight. Sorry, but um ... please hang
around and make your statements at the end. I mean (mumbled) do a vote I guess.
Hayek: Yeah, well is there any further discussion on this?
Botchway: It would literally take another 10 minutes to get through, but... all right.
Hayek: I'm not sure what but um ... listen, let's just take a vote. Is there further discussion
on this? All those in favor of the motion say aye.
Botchway: Aye! Course ... I wanted the motion! Yeah! (laughs) (mumbled) roll call!
Hayek: Opposed say nay. It appears to fail 1-6. Okay, let's move on to Planning and
Zoning items, Item 5.
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ITEM 5. PLANNING AND ZONING MATTERS..
ITEM 5a MOSS RIDGE CAMPUS REZONING — REZONING
APPROXIMATELY 51.03 ACRES FROM INTERIM DEVELOPMENT —
RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP)
AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY
COMMERCIAL (OPD -CHI) TO INTERIM DEVELOPMENT —
RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP)
AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY
COMMERCIAL (OPD -CHI) LOCATED NORTH OF INTERSTATE 80
AND WEST OF HIGHWAY 1 AND A REVISION OF THE ASSOCIATED
CONDITIONAL ZONING AGREEMENT.
1. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte
communications? Miss How ... Miss Howard!
Howard: Uh, yes, uh... this item is a rezoning item. It's basically a shift in the zoning
boundaries to correspond with the ... an amendment to the preliminary plat
document that you will hear at a later meeting. Um, the property is north of
Interstate 80 and, uh, west of Highway 1, west of Pearson. This is the current
zoning map, and you can see the areas that are proposed for rezoning, which are
the two hashed areas here. Sothis, uh, shift in the preliminary plat that just
caused the shift in the zoning boundaries, uh, is basic... basically, um, a
refinement of their preliminary plat, refinement of their storm water management,
and a change to the road pattern to set themselves up in the future, um, so that
they won't disturb, um, they found through environmental review that there's a lot
of Indiana bat habitat out here, so they want to set it up in the future to avoid the
woodlands and the stream corridors, um, so that is basically the reason where
they've changed the preliminary plat and have ... as a consequence need to adjust
the zoning boundaries. As a secondary matter, um, they have, um, in ... in the
period of time of two years since the prelil ... preliminary plat was approved, um,
they have, uh, refined their master plan. Um, this was required prior to final
platting. Um, because they didn't have a lot of detail or basically no detail at the
time it went to P&Z originally with the rezoning, the Planning and Zoning
Commission put ... has a condition, and the Council adopted it as a Conditional
Zoning Agreement, to require every single, um, property that was developed to
have the site plan be approved by the Planning and Zoning Commission. Now
that they've had time to refine that master plan, um, staff recommended to the
Commission, and the Commission agreed, that that, um, requirement was no
longer necessary in the Conditional Zoning Agreement. So, we have a new
Conditional Zoning Agreement. It's basically the same as it was before except for
striking that one passage that would have required site plan review for every lot
that's developed in the office park. If you have any questions I'd be happy to
answer (several talking)
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Dickens: There's been a lot of grading going on out there now. That doesn't affect...
change in the zoning. That's already been approved where they're grading out
there?
Howard: Right. I believe that's setting themselves up for, um, for development of the
property. Um, and you will hear about more refinement of the preliminary plat,
um, once the final reading of the rezoning is ... is, uh, on your agenda.
Mims: Was the new CZA included... because when I look at ... when I looked at the
packet, I thought I saw the CZA in there twice, both times with what I think is
Item #4 with what is ... what is supposed to be struck, where it says `site plans for
development of every lot shall be reviewed and approved,' and the first incident
of it shows blanks for signatures dated 2014. So I guess my concern is ... has this
gotten properly edited for signatures or am I missing something in the packet?
Karr: The signatures came in this afternoon.
Howard: So the ... draft in the ... in the packet was a draft, and the ... the Conditional Zoning
Agreement's been signed.
Mims: Right, and what's in the packet shows the dates of 2014 for signatures. At the top
it says 2012 and it still had Item #4 in it. So I was ... I was just concerned that
what I was seeing didn't look like it was the updated CZA. And maybe it just got
put in here before it had gotten edited. I mean ... I'm assuming that it got pulled
before signatures went on it (laughs)
Howard: Yes, I believe it was ... was reviewed by the City Attorney's office and that line
was struck as far as I'm ... aware. I saw the ... I saw the revised document.
Mims: Yeah.
Karr: Here's the X'd out one. That one came in today. (away from mic)
Mims: I'm on page 206, #4 (away from mic)
Dilkes: Why don't we just continue the public hearing and ... until later on in the agenda,
and you guys can move on...
Mims: Okay.
Dilkes: ...while we look at this.
Mims: Okay.
Dilkes: You can't close it if we don't have it signed ... a properly signed one.
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Mims: Okay.
Hayek: We need a motion to continue it.
Mims: Move to continue the public hearing.
Payne: I ... I have a question first. I mean can I ask my question...
Hayek: Sure!
Payne: ... and ... my question isn't nearly as, um, a good catch as yours (laughter) That
was a good catch! My question is, in this picture right here and the one prior to it,
it shows roundabouts in this subdivision. Is that just a concept or are there going
to be roundabouts in there?
Howard: I believe that the new preliminary plat that you will see, um, at the final reading
does include roundabouts at those intersections. Previously there was a street that
was proposed to go across the subdivision in this location. Um, since they took
that ... that street away, because of the potential damage to the woodlands and the
bat habitat, urn ... they decided to do a roundabout at that location.
Payne: The only thing that we're doing tonight is just approving the new CZA though.
Howard: The new CZA and the shift of the zoning boundaries to co ... coincide with the
plat, lot ... platted lot boundaries.
Payne: Okay. But we'll ... but...
Dilkes: Why don't we do this so we can move on. This is what I would suggest. You
continue the public hearing till the next meeting, December 16th, um, and then we
can collapse the first two readings at that time, and then we won't lose any time
and we can...
Hayek: Okay!
Dilkes: ...outside this meeting check and see if we've got the right one signed.
Payne: But I still would like to have my question answered. Where ... we're not voting on
a plat tonight or what the roads are going to look like or anything, I mean, we're
just voting on the change to the CZ ... CZA.
Howard: And the shift of the zoning boundaries.
Payne: Right. Okay.
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Howard: Yeah.
Hayek: Okay, so now we need a motion to...
Mims: Move to ... move to continue the public hearing.
Throgmorton: Second.
Hayek: All right...
Mims: To the next meeting, 161h
Hayek: ...that's a motion to continue the public hearing, along with first consideration,
I'll treat it as such, uh, to the December 16th meeting, moved by Mims, seconded
by ... Throgmorton. Discussion? All those in favor say aye. Opposed say nay.
Motion carries 7-0.
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
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ITEM 5b SYCAMORE WOODS — RESOLUTION APPROVING
PRELIMINARY PLAT (SUB14-00021)
Mims: So moved.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion? Mr. Yapp.
Yapp: Uh, good evening, John Yapp, Development Services. Uh, this is an application
for a preliminary plat for a ... about a 34 -acre, 115 -lot, residential subdivision
located west of Whispering Meadows subdivision, and along Whispering
Meadows and Blazing Star, uh, Drives, south of Amber Lane and Regal Lane, uh,
as shown on the overhead. This is an aerial view of the ... of the property. The
Sycamore Greenway and trail system, uh, borders the west side of the property.
Uh, property is accessed by Whispering Meadows Drive and Indigo Court. Uh,
this is an outline of the proposed subdivision. Uh, it includes 71 single-family
lots, uh, between 6,00 square feet and 12,000 square feet in size, primarily toward
the 6,000 feet, uh, square foot size and 44 townhouse lots, which would be, uh,
groupings of attached, uh, townhouses throughout the subdivision. Uh, the
history of this property is that in 2007, uh, the property and a sensitive areas
development plan was approved, which allowed a modified street layout, and
housing clustered in a way that minimized disturbance to the, uh, sensitive areas,
wetlands and woodlands on the site. Uh, the overall density of the site is about
three units per acre, including all the open space. Uh, much of the discussion at
the Planning and Zoning Commission level focused on, uh, storm water drainage,
uh, particularly from Amber Lane and Regal Lane, uh, the proposal is to improve,
uh, the drainage, uh, pipes from ... excuse me, the extensions of the drainage pipes
from Amber Lane and Regal Lane to convey the storm water to the, uh, wetland
and storm water management system. Uh, the applicant's engineer is here tonight
if there are detailed questions about that. Uh, also some discussion of street
connectivity. Uh, and the effect on the wooded, uh, areas on the property. You'll
see that Whispering Meadows Drive, which is the east/west, uh, street across the
subdivision, uh, as part of that 2007 rezoning, uh, there was a Conditional Zoning
Agreement requiring the applicant to extend Whispering Meadows Drive, uh, to
the west side of the Sycamore Greenway, where ... where it would connect to the
General Quarters subdivision, uh, which would eventually allow it ... you can see
it on this aerial photo, uh, to connect to Sycamore Street. Uh, street connectivity
is an important part of our subdivision code. In this case the trade-off with that
street connectivity is that it does, uh, go through a wooded, uh, area. Because of
the, uh, lack of general connectivity in the area, staff recommended that that street
be connected. Uh... regarding the wetlands ... uh, the Corps of Engineers has, uh,
extended the wetland mitigation plan that was approved in... in 2007. Uh, that
wetland mitigation plan is still in effect. Uh, and staff has determined that this
plat is consistent with the previously approved sensitive areas development plan,
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uh, and recommends approval. Uh, Planning and Zoning Commission
recommended approval on a 5 to 1 vote, and I would note there were some, uh,
technical deficiencies, uh, noted in the staff report. Those have been resolved.
Hayek: Questions for Mr. Yapp?
Throgmorton: May ... maybe I do. Let's see...
Hayek: We can always bring him back up.
Throgmorton: I don't know if.. if any ... maybe somebody else wants to speak to the topic.
don't know.
Hayek: Well I think we want to get audience input before we...
Throgmorton: Yeah, that's what I meant.
Hayek: ...yeah. Is there anyone from the audience on this?
Gordon: Good evening. My name is Steve Gordon and I'm here, uh, representing the
developer, um, MBHG and I appreciate the, um ... uh, opportunity to speak
tonight. Um, I'm mainly here to answer any questions you might have
about ... about the development. Um, I believe the staff report, uh, detailed the
preliminary plat proposal, uh, very well, and um, we worked with staff, uh, both
several years ago when we initially got the rezoning on this done, and the initial
preliminary plat and then here recently, urn ... to address the various issues with
this site, including, um, sensitive areas, connectivity, and the storm water
management, and uh, we believe this plat, uh, meets the requirements for this
area. Um ... the reason that we didn't proceed with, uh, final platting, uh, several
years ago was ... was mainly economic reasons and the downturn in the housing
market and ... and um, so you know, we feel this is an appropriate time to ... to
come back with this ... this, uh, plat request. Uh, just a couple points to clarify,
um, we believe this plan will enhance the wetlands in the area. The wetlands are
created by storm water from the adjacent development, just daylighting into this
property, um, we will be, um, handling that storm water in addition to ours
and... and properly, um, managing it and... and putting it in, um, into the greater
Sycamore system. Uh, we also, uh, feel that we will be improving, urn ... the
wetlands, uh, we have a wetlands plan that will be enhancing the wetlands along
with the storm water, and then the, uh, the connectivity, both vehicular and in
regards to the City trail system, uh, we ... we feel this plat enhances both of those,
uh, not only for this neighborhood but the, uh, adjacent neighborhoods in
allowing better traffic flow and easier access to, you know, to the citywide trail
system. So, um ... thank you for your time and I'm ... I'm happy to answer any
questions. Also have, uh, Duane Musser here from MMS who can certainly
answer any more detailed questions regarding, um, storm water management and
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wetland mitigation and those sort of issues, urn ... so if you have any questions I'm
happy to try to answer them.
Hayek: Thanks, Steve!
Payne: Are you going to develop this in phases or do it all at once?
Gordon: Uh, in ... in phases. It would be a lot of lots to bring on all at once, so there'll
probably be at least three phases.
Payne: Okay!
Gordon: Yes.
Throgmorton: Steve, I'd like to ask you and maybe John also a ... a question, actually two
questions. So, the first is ... did you consider clustering all of the development in
the southeast two-thirds of the site, and ... urn ... I don't know, creating a
conservation easement for the woodland in the northern... northwestern one-third?
And if...if not, you know, if you didn't do that, could you just tell me why.
Gordon: Yeah, we ... we looked at lots of different, urn ... um ... ways of doing this.
The ... the issue is there's... there's several different sensitive, um, features in
addition to the woodlands. There ... there are some wetlands and some ... and some
soils, and so in that middle area and more on the south end, the ... the open area,
that's ... those are the wetlands area that were created by the ... the storm water
coming into the site. So ... those areas have to be enhanced and preserved as well,
and so in trying to manage ... all of those issues, um, and trying to stay away from
the wetland areas and... and having an area to manage the storm water and
enhance that, and also preserve some of the woodlands, which ... which we did.
There's, in that southwest area, uh, that is woodlands as well that is being
preserved. So, um, this was the design in trying to meet all of those different
issues that ... that came up — connectivity, um ... and the ... the different sensitive
features. So ... so ... so the wetlands are in that southern area and so I ... I do not
believe that it would be possible to ... cluster everything just on the southern part
of the property because of the wetland... wetland areas there.
Throgmorton: Yeah, I ... I ... I ask the question mainly because, uh... much of the testimony and
the, or not testimony but commentary in the Planning and Zoning Commission
hearings, public hearings...
Gordon: Uh huh.
Throgmorton: ... and materials submitted to us ... through the P&Z Commission, uh... I ... I, refers
to all the ... eco -system services provided by the wetland, and by the... stream
corridor and so on. And also the habitat provided, especially for birds but
mammals as well. By that woodland. And I for one am very, very conscious of
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how collectively we are wiping out habitat for other living species. It seems to
me, in general ... I don't want to say right yet with regard to this site, but in
general, uh, that's the wrong way to go. We ought to be preserving as much of
that kind of, um, natural habitat as possible in order to help those species thrive
here. So that ... that's where my question comes from.
Gordon: Uh huh. And ... and again, we feel this plat does, uh, does a substantial amount of
that. There is some... there... there, urn ... in both getting connectivity and...
preserving wetlands and preserving woodlands, there, um ... while there is some
woodlands that ... that will be not preserved, there is quite a bit that will be
preserved, in addition to enhancing the wetlands that ... that are there. And ... and
...and increasing the amount of wetlands that are there on the site.
Throgmorton: Okay. Thanks!
Gordon: Yeah.
Hayek: Other questions for Mr. Gordon? Thanks!
Gordon: Thank you!
Hayek: Anyone from the audience? Okay, we'll close this down for Council discussion.
Throgmorton: Well, uh, given what I just said, I ... I mean I recognize what Steve has just told us
and I respect that a lot, but I'm also conscious of what various people said during
the public, uh, hearings conducted by the Planning and Zoning Commission, and
in terms of other commentary we've received by email, and I'm guessing people
aren't here because they figure the decisions already been made. Uh, but that's
for them to decide, not... not me. Um, it looks to me like it might be a near
perfect example of how we ... why we need to rethink the sensitive natural areas
component of our City code. The code permits a huge amount of woodland to be
cut down, because a developer needs ... wants to be able to develop some land. I
don't think that in itself is sufficient rationale. Uh, in this instance, the site
contains 9.9 acres of woodland, roughly 62% of which will be cut down, and...
and there's a big difference between woodland and trees that might be replanted
later on here and there. Makes a huge difference in terms of natural habitat for
birds, etc. Uh, Bob Barta who's a ... a former wildlife research biologist, uh, and
several other people, uh... uh, testified's too strong of a verb but commented that
the woodland is a significant habitat for a large number of birds and other
wildlife, and uh, Barta in particular stresses how important the woodlands are as a
carbon sink, uh, as, um ... as a sponge for absorbing precipitation and delaying
run-off! You know, and hence helping with flooding downstream, avoiding
flooding downstream. And as a habitat for mammals, birds, reptiles, amphibians,
and bats! And bats are threatened right now. So (laughs) I think we need to be
preserving habitat instead of...it...it (mumbled) building on it so much. So ... I'm
done!
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Hayek: I can speak next. I ... um, I don't necessarily disagree with you on ... on the issue
of sensitive areas, and we've come a long way from those apartments that were
placed, uh, just north of the Mayflower in the 80s and the landslide that caused
which resulted in the ordinance. Um, but there may be more to be done. More...
there may be more to do there, um, although this is interesting, you know, that
butts up against, uh, and is somewhat in rec ... irreconcilable with the goals of
connectivity. Um, and those are hard things to...
Throgmorton: Gotta make choices!
Hayek: I know! You gotta make choices! Um ... uh, my ... my concern about this is not
relevant to our decision tonight. I think ... I think the density is too high, uh, for its
location. Um, I would not have gone with ... with 12, uh, but this is a decision that
predates even my tenure on this Council, uh, going back to 2007. That's not
before us. You know, our... our decision tonight on the preliminary plat goes to
compliance with the, um, sensitive areas ordinance and the subdivision code. I'm
not seeing anything in the record that suggests that it's not consistent with or
compliant with those ... those, uh, pieces of legislation.
Mims: Yeah, I would agree with what Matt's saying, and I agree with what you're
saying, Jim. I think, you know, as we look at the sensitive areas ordinance,
um ... you know, it may be something that we want to revisit at some point,
the ... we're going to have a challenge if we want to keep this community growing,
you know. Is it farmland, good productive farmland or is it woodland or you
know, what ... what kind of land, and I know your answer to that is density, and
I... I mean I get that too.
Throgmorton: Not... not... not only density (both talking)
Mims: Well, but ... right, but that's one of those things. Uh, but again, I think with what's
before us tonight in terms of compliance with, uh, the City's rules and regulations,
I don't see any choice but to approve this.
Hayek: Further discussion?
Botchway: I ... I guess since, I mean, if I speak about the fact that maybe we need to look at
the sensitive areas ordinance, I mean, that's four. I mean, is that something that
we could discuss at, you know, putting on?
Mims: In another year when we get through our list (laughs)
Botchway: Well yeah but (several talking)
Throgmorton: It's on the list, isn't it? So ... um...
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Mims: I don't think it is, is it?
Hayek: I don't know if it is. Well why don't...
Mims: Is it (several talking) Geoff is nodding yes. (several talking)
Botchway: Make sure it's in bold next time (laughs)
Mims: Nope! Just read the list!
Hayek: Further discussion on 5b? Roll call, please? Passes 6-1, Throgmorton in the
negative.
Karr: Motion to accept correspondence.
Payne: So moved.
Throgmorton: Second.
Hayek: Moved by Payne, seconded by Throgmorton. Discussion? All those in favor say
aye. Opposed say nay. Motion carries.
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ITEM 6. APPROVAL OF THE 2016-2020 CONSOLIDATED PLAN —
RESOLUTION ADOPTING IOWA CITY'S 2016-2020 CONSOLIDATED
PLAN, KNOWN AS CITY STEPS, AUTHORIZING THE CITY
MANAGER TO SUBMIT SAID PLAN, TECHNICAL CORRECTIONS
AND ALL NECESSARY CERTIFICATIONS TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF
EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN (a.k.a. CITY
STEPS).
Mims: Move the resolution.
Throgmorton: Second.
Hayek: Moved by Mims, seconded by Throgmorton. Discussion?
Payne: I'm going to vote no because of the things that I mentioned at work session. I
think there's things in there that are flat-out wrong.
Hayek: Okay, let's ... see if there's any discussion first.
Payne: Okay, sorry!
Hayek: That's fine.
Payne: I thought you were (laughter) I didn't hear ya open it for (laughter)
Hayek: Tracy!
Hightshoe: Hi, um, I'm Tracy Hightshoe with Neighborhood Services. This is the draft
Consolidated Plan for 2016 — 2020. Your approval tonight, you can amend the
plan, you can make corrections, um, but you do have to move to ... go along with
our whole process, you know, because after this we open up the allocations and
people can apply, and applicants will need to know what your priorities are for the
next, for fiscal year 16 so they can apply. So based on approval tonight, that
starts our fiscal year 16 annual action plan process to chose what projects we are
going to fund over the next year. I'm just going to give a brief overview of the
Consolidated Plan. It is required by CDBG and Home in order to get that annual
entitlement of about $1.1 million we need to approve a Consolidated Plan. It
guides how we'll spend our federal Community Development Block Grant and
Home dollars for the next five years. We do go through a long process. We hired
and Mullen and Lonergan to complete the plan, go through the stakeholder
meetings with the public agencies, Housing Authority, interested individuals, um,
it does include a housing needs assessment, the housing market analysis. It's a
standard plan that you get from HUD and there's a certain format that has to be
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used. It will ... the plan will pull 2010 Census data and CHAS data, the
Community Housing, um, survey, um, to formulate the statistics that ... that guides
the recommendations. Um, like I said, we'll get about 1.1 million, 675 come
from the Community Development Block Grant program, 430 from Home. These
are estimates. Um, they are subject to Congressional budget approval. The
money comes from the U.S. Department of Housing and Urban Development.
And also it's based on how much program income we anticipate receiving over
that five-year period. Program income is, um, like when we do owner -occupied
rehab. We put a lien on the property. When the homeowner passes away, sells it,
refinances, we get money paid back into our program, which we can't always
estimate for sure how much money we're going to get back in any given year.
The Community Development Block Grant program is limited to 70% of the
activities that we fund have to benefit low to moderate -income folks. Home
activities have to benefit housing. It can only be used for housing activities, and
typically you'll see the beneficiaries below 60% of median income. Just as a
reminder, I've put up what low to moderate -income means in Iowa City. It's
based on 80% of the median income. You'll see with our ... lot of housing and a
lot of our CDBG activities, we actually probably target people closer to ... under
50 or 30% of median income. Um, in our old plan what happened was HUD had
a... a huge list of prior... or activities that are eligible for funding. Um, the
Council five years ago set priorities basically high, medium, low, or no such need,
and we could fund any of those priorities as long as it was not a no such need.
Under the 2016-2020 plan, HUD changed its format. Now we either enter the
priority or we don't. So if we fund something this year that's not identified as a
priority, we have to go through that whole City STEPS amendment, you know,
30 -day public comment period and then Council has to review it. So, these are
the changes you see in the yellow what were priorities in 2011-2015, and then
changes that ... they're not on the new plan, and the things that we added to the
new plan. Now, the 2011-2015, or just the high priorities. Like I said you could
fund anything, but I just wanted to give you some type of comparison about what
we consider high priorities in the last plan, and what we're identifying priorities
now. Um, in your late handout was the HCDC minutes. Um, the HCDC minutes
and also a late handout from the local Homeless Coordinating Board about our
homeless needs assessment and what needs to be changed. They're not
necessarily substantial changes, but it was a change in narrative about how
homeless service are provided. So ... HCDC did recommend that on public
services that you also include employment training and transportation. They also
recommended that the same priority used for public services be used for public
facilities. Um, they also changed the wording cause, um, in the plan it has a
minimum allocation of $50,000 for public facilities. Since we're only going to
have between 80,000 to 90,000 in funds available for open allocation, for public
facilities or housing with CDBG funds, they recommend that we change that
language just for two projects. So that gives us some flexibility that one project
might get 60, one project might get 20. Um, that was a recommendation, and
another recommendation was that economic development, um, they suggested
that even though we put fagade improvements and microenterprise development
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as priorities that we prioritize microprise ... microenterprise development, which is
financial assistance basically to small businesses with five or fewer employees
and owners, where 51% are low to moderate -income. Um ... we also in this plan,
because we've received about, uh, I've been doing this for about 13 years, we
used to be an entitlement of about $900 million in CDBG; 600, 700,000 in Home.
We're now down to quite a bit less. So the new plan focuses how you're
spending your money. Last five year plan you ... by separate Council resolution,
you did a resolution that had set... set -asides, that didn't go through HCDC, that
you just set aside money for — Aid to Agencies, owner -occupied rehab, economic
development. That was done by a separate Council resolution, and this plan we
built in your set -asides with one addition. We ... to go along with the strategic
plan, about neighborhood stabilization and neighborhood development. We put in
a set-aside for 75,000 for neighborhood public infrastructure, which means as we
were meeting with the neighborhood councils and in census tracts that have, um,
predominantly low to moderate -income families, not necessarily students, that we
can listen to what those needs are, such as extra street lighting, um ... park
improvements, um, curb ramps, um, sidewalk connections. That we can get with
Public Works, get an estimate, put it in our action plan, and do it that summer as a
construction project. So, that is a new set-aside. Um, we reduced the economic
development set-aside from 15% of our CDBG entitlement to 50,000, just
because in our last plan, um, credit was hard to get for a lot of small businesses,
but since 2000, 2009, a lot of credit has opened up and we're getting fewer
applications. So, we reduced that set-aside amount to 50,000, and then the Home
set-aside, um, your owner -occupied rehab — we used to do, um, 12% of the
CDBG/Home entitlement ben ... um, entitlement amount. That ... when you kept
cutting the amount, we didn't have enough to basically run the program and do
that 20 to 25 homes a year that we typically have always done. So these are the
set -asides that we're recommending, and that are in the plan. Any questions
about priorities or the plan? It does ... your approval tonight, you can ... you can
accept it; you can accept it with recommendations; you can change it; you can
remove parts. It's just that we had planned ... our plan is that after you approve the
plan, we then start the process of opening up the applications, people applying.
We get applications by January. The HCDC meets in February with a question/
answer session. In March they make a recommendation. That starts a 30 -day
public comment period for you to get in May, so that we can have it to HUD 45
days before July 1St. So it starts a whole ... domino process ... after your approval.
But you're free to strike anything you want. Or adopt.
Hayek: Can I ask you this, Tracy ... I .... I served on HCDC for several years. I know the
process. It's a long one. It involves a lot of voluntary time and a lot of staff time,
um ... uh, and ... and ... and so I applaud the efforts of staff and ... and the
Commission on this, as well as the consultant who worked with you. Um, the...
the plan has, um ... I mean, there are a lot of pieces to it, including some
recommendations from HCDC, and ... and I just want to confirm for the record
that adoption of the plan, which we're required to do for HUD purposes, etc., is
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not a ... an endorsement, per se, of those recommendations. It's an acceptance of
them...
Hightshoe: Yes.
Hayek: ... into the record.
Hightshoe: Yes. Like, um, part of the plan includes the impediments for housing. It's
already a study that you've already accepted. Doesn't mean that you're going to
adopt all the recommendations, but it's already a ... a ... a study that has been
accepted by, um...
Hayek: (both talking) Well and the example I would raise is ... is there's a
recommendation that we adopt mandatory inclusionary zoning.
Hightshoe: Yeah, and that was in the last plan, as well.
Hayek: Right! And I remember this, gosh, five years ago now, um ... but A ... I just want
to clarify that it's not an endorsement of that. It's an acceptance of a report that
contains such a recommendation.
Hightshoe: Yes.
Hayek: Okay. Any other questions for Tracy?
Hightshoe: What is very important is the priorities you set, and the set -asides, because that
will dictate, that will narrow down how you spend your federal funds over the
next five years.
Hayek: It's amazing to see the decline in federal funding on these important issues.
Hightshoe: Expecting further declines, but we don't know how much. I mean, with the
federal climate the way it is...
Throgmorton: Tracy, I ... I do have one question for you, uh, cause it's not entirely clear to me,
uh, upon reading the plan. What does the plan before us tonight actually say with
regard to the downtown fagade renewal program and money set aside for it, and
...and what the Commission recommended with regard to it.
Hightshoe: It was allowed. Um, fagade improvements was a low priority, um, based on the
last plan, but ... in order to fund anything in the last Consolidated Plan, you just
had to have a medium, high, or low ... or medium, low, medium, high. Um, in this
plan if you don't put in there as a priority, then you can't fund it.
Throgmorton: Okay. And it's in there as a priority now?
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Hightshoe: Yes.
Throgmorton: Yes. Okay. Did the ... did the Commission ... I know it said something about the
fagade renewal program. Can you tell us what the Commission said, or (both
talking)
Hightshoe: ...expressed concern that they didn't know if fagade improvements, especially in
the downtown, met the intent of the CDBG program. And as that one slide
illustrated, 70% of your funds have to benefit low to moderate -income, but then
30% can benefit ... it's called the prevention of slum and blight. So when you
have older buildings that are 18 ... built in the 1800s, 19, um, providing fagade
improvements is the prevention of slum and blight, and the Commission just
expressed concern that they felt our downtown was ... was, I mean, had a lot of
vital... vitality and that ... they did say there was other urban renewal areas, such as
Towncrest, where they could see that that would be important. Um, so they didn't
want to take it off. They just want to put a preference towards microenterprise
assistance.
Throgmorton: Thanks!
Payne: I just want to say that my comment that I made earlier is ... there are things in the
plan that I don't agree with, that they're correct, but I didn't write down changes
to what we could say instead. So I don't disagree with the whole concept of what
we're doing here. It's just that there's some things in here I do not believe are
correct.
Hayek: Well let's see is there ... Tracy, is there anything else from you?
Hightshoe: No.
Hayek: Okay. Is there anyone from the audience?
Hightshoe: Yes.
Scott: Good evening, hi, uh, Sally Scott from the Johnson County Affordable Homes
Coalition, and uh, we are pleased to present some comments on the plan. Uh, I
agree that I think Tracy, staff, everyone's done a great job, but there are some big
policy issues here that I think should not be, um ... ignored. Uh, one is the plan
indicates that according to the National Low Income Housing Coalition, 535
assisted, affordable units in Iowa City are at risk of conversion to market rate.
Uh, it's essential to preserve as many of those units as possible as affordable,
especially given the very limited number of new affordable units that are currently
being produced. And we have (mumbled) partners, uh, non-profit partners who
would be interested in helping with this preservation if possible, and we had a
guest earlier this fall, um, Michael Badockin from the National Housing Trust.
He spoke at a conference, uh, we held on affordable housing, and this is exactly
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what he ... his organization specializes in. So we feel like there's some national
allies who could help us, if indeed these units are at risk of losing their
affordability. So, concretely, uh, we want the City staff to prioritize preservation
of those units, and if a unit is going to be lost, we think there should be a one-to-
one replacement policy... so that, uh, it's really, uh, not lost to the community at
large, even though it may not be in the specific area where it currently is located.
Secondly, the draft plan describes the affordable housing location model as
generally successful, and we challenge this assertion. The goals of the model, as
stated, were to deconcentrate poverty in Iowa City and to promote diverse
neighborhood in terms of income levels, and we have not seen statistical
evidence, uh, that Iowa City's ... Iowa City neighborhoods have less concentrated
poverty, as a result, or more income -diverse neighborhoods. Um, as a mediate
step, we support taking diversity into account when determining the location of
affordable housing. Currently it doesn't matter if you're doing one unit or a
hundred units of affordable housing in the model that's treated the same and it...
and it should be, uh, treated differently. Secondly, we recommend a fact -based
review of whether or not the policy has been affective. I think it's been around
long enough to tell, and if not, then the policy should be changed or eliminated
because we do think it is actually limiting the production of affordable housing.
It's saying there's... large areas of the city where you cannot... construct
affordable rental housing, and understand the reasons for that, but if that is, um,
not accomplishing the goals, then it should be rethought. Finally the ... on page 95
of the plan there is a summary of the goals, which I don't think got, um, put ... put
up here. So over a five -years in the city of close to 70,000 people, it will ... this
plan will rehabilitate 90 owner -occupied houses, rehab 18 affordable rental units,
construct 10 new rental units, assist five houses with affordable homeownership,
and assist 50 houses to access affordable rental. These are really low numbers,
for a city this size, and given the shortage of affordable housing, which ... um, our
coalition has documented. Uh, and we're concerned, obviously, about that. Um,
it's clear that federal dollars are falling and we get that, and it's, uh, not
something we can change here. But, we have the opportunity to tap, uh, other
private sources and state and federal funding, uh, aside from CDBG and Home.
Um, and specifically one ... the most important source of affordable housing,
federal source of affordable housing, um, nationally is the Low Income Housing
Tax Credit. That's not currently being used in Iowa City because the numbers
don't work with our high land prices. So ... that doesn't mean it can't work, but
it's ... it's harder and there would need to be some partnership and some help on
that with the private and non-profit developers who know how to utilize those
credits. Uh, so we, um... are recommending that we put our heads together and
try to make those low-income housing tax credits work again for us. Thank you.
Hayek: Thank you for the comments!
Eastham: My name is Charlie Eastham. Um ... I'm a Board Member of the Housing
Fellowship and also a Member of the Affordable Homes Coalition. Uh, tonight
I'm just talking for myself and as a Member of the Affordable Homes Coalition.
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My comments have to do with the imbalance I perceive between housing needs
assessments and the plan, and the allocation, the planned allocation and the use of
available funds for, uh, to meet these needs. On page 16 of the plan, um, the top
paragraph, Summary of Housing Needs, reads that `high housing costs reduce
economic opportunities and access to prosperity, especially among lower income
racial and ethnic minorities in Iowa City. Renters are more ... renters are more,
much more likely than homeowners to experience housing problems, among
which cost burden is the most prevalent. Severely cost ... cost, uh, burden renter
households, earning 0 to 30% of the, uh, HUD area median income have the
greatest housing needs, representing 42% of all the households that report a
housing problem.' On the section of the plan that talks about disproportionality
among, uh... uh, residents who have housing needs, which appears on page 33,
states that `one racial ethnic group in Iowa City experiences cost burden at a
disproportionate level, black households paying 32...30 to 50% of the household
income. Those households rep ... are, uh, about 20% more, uh, more proportionate
than white households are. Urn ... an additional group, Hispanic households, pay
more than 50% of household income does not quite qualify for disproportionate
need by the ... by HUD's definition, by only a small margin of 2%. So when you
read the need, uh, assessments and the, uh, disproportionality statements, uh, you
would conclude that home renters have the highest need for housing assistance,
from urn ... from the, uh... uh, funding sources covered by this plan. So I would
expect that, uh, renter assistance, home renter assistance, from funding sources
would be greater than homeowner assistance; however, on page 90, anticipated
resources, uh, there are four sources. Uh, one from CDBG funds, Home funds,
both of which are federal; the City general obligation bonds, which fund the GRIP
program, and City general funds, which fund the UniverCity, uh, project. The
total for all those sources is $1,505,000 per year. Of that total, there are
homeowner set -asides equaling $725,000 per year, or almost 48% of the total
funds available. Home renter funds available are not part of a set-aside, and
hence, uh, have to be ... contend with other source ... other uses, uh... uh, for, uh,
for their actual dedication to rental housing development, and those funds total
$555...$555,000, or only 37% of the total funds. So to me this says that the, uh,
the ... that the amount of funding available does ... and the way it's allocated, uh, in
this plan does not really match the need for home ... home renter assistance, uh,
generally in the community. I would suggest that the, uh, Council, uh, at least
take the step of, uh, giving highest priority for Home and CDBG funds that are
available for, uh, housing assistance, uh... that ... those funds, which would total
about $340,000 in Home funds, $215,000 in CDBG funds, or a total of $555,000
from both sources, that those funds have ... be given the highest priority for
housing development for home renters and for homeless, uh, individuals in the
communities. Uh, if not ... my experience is that the HCDC process results in
those funds being used, many of those, uh, funds being used for other purposes
than ... than housing assistance.
Hayek: Thank you for the comments! Anyone else from the audience? Okay, Council
discussion.
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Throgmorton: We have a motion on the table, right?
Hayek: Yeah!
Throgmorton: Yeah. Uh, well I'd like to move that we amend, uh, the ... um, the resolution that's
before us to, um ... to, to have ... to ... move to (laughs) modify the resolution so that
we're, uh, amending the plan in a manner consistent with the recommendations
provided by the Housing and Community Development Commission. They
provided a set of recommendations. I'm ... I'm just saying that I think we ought to
incorporate those recommendations in the ... in the plan that we will be adopting.
So ... I'm moving that amendment.
Hayek: Moved by Throgmorton.
Botchway: Second!
Hayek: Seconded by Botchway. Discussion? Tracy!
Hightshoe: The local homeless board ... local Homeless Coordinating Board did submit
revisions. It's not substantial; it doesn't change your priorities; it doesn't change
your set -asides, but from page 93 they clarified, um, it was in your late handout. I
was just ... your resolution, I would ask that you include that too. It's just
corrections from the local Homeless Coordinating Board regarding the delivery
system for homeless services. So just to be clear, that those changes that were in
the late handout submitted by the local Homeless Coordinated Board is adopted as
part of the resolution too.
Throgmorton: So I would understand my ... motion to amend to include what Tracy just referred
to.
Botchway: Second.
Hightshoe: That's all I had!
Hayek: Is that a request from staff that...
Hightshoe: Yes!
Hayek: Okay. Do we have two separate sets then?
Hightshoe: They're all in your late handout — was the HCDC recommendations and the ... the
local Homeless Coordinating Board suggested changes regarding homeless
delivery, and that was all ... I would ... I would, if you're recommending HCDC to
incorporate the HCDC recommendations, I'd also suggest that you ... you support
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the local Homeless Coordinating Board corrections. It was more than just a minor
typo. They...
Hayek: Yeah.
Hightshoe: They clarified the delivery system and the homeless services and how they
coordinate, um, it was from page 93 on.
Hayek: Of the late packet?
Hightshoe: Yes!
Mims: No, late packet only has 88 pages.
Hayek: Late packet has 88 pages.
Karr: It was in the handouts today, or the electronic ones yesterday.
Hightshoe: ...electronic ones yesterday.
Hayek: Yeah, the electronic ones from yesterday, I think, stop at page 88.
Hightshoe: No, that's in the late handouts! Sorry! In the ... in your original Consolidated
Plan, it was ... the corrections are from page 93 on.
Hayek: So what's ... in ... in the... the... the main agenda packet?
Hightshoe: Yes, in the main agenda packet. It doesn't change your set-aside; it doesn't
change your priorities.
Hayek: It's so hard to find this on an i -Pad. Um, do you know where they start on the i -
annotated, um, Dewey Decimal System? (laughter)
Hightshoe: No I don't! (laughs) No I don't know! (laughter) Um, on the late handout ... I
know we're at the end...
Mims: At the end of the late handout (several talking)
Markus: Can you summarize what the changes are?
Hightshoe: Um ... it was about the ... how they provide services and about the Housing First
initiative, and what the local Homeless Coordinating Board is prioritizing.
Correct? Chrissy's here from the... Shelter House and the local Homeless
Coordinating Board. Was that it? That was essentially it.
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Hayek: Okay. I just ... I just want to find it on the 500 -plus -page document that I'm
looking at.
Hightshoe: My guess it was like 490 (several talking)
Fruin: 453.
Hayek: Thank you! (several talking in background)
Botchway: 453!
Hayek: You sure? (laughs)
Payne: Well you're not gonna see the changes on the ... on there. You're going to have to
look at your... (several talking) You're going to have to look at the late packet
from yesterday to see what they're ... if you want to read the changes.
Hayek: Yeah. All right, where's the ... where in the late packet from yesterday, which is
itself a 88 -page document?
Karr: Well it was ... it was Item #6, so it would be toward the end.
Mims: Uh, I think I found it.
Hayek: They ... they don't get, uh ... chapterized.
Karr: No, they do not.
Hayek: (several talking) ...using all sorts of terminology (both talking)
Mims: Page 73!
Hayek: All right.
Mims: I think page 73. That's... describing how the service delivery system, is that what
you're talking about?
Karr: Yes, and at the top it notes that these are suggested changes (both talking)
Mims: Okay, yeah, it's page 73 of the late electronic handout.
Hayek: Yeah.
Mims: And it shows changes off to the right.
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Hayek: Yeah, I remember looking at this. Is it staff's recommendation that we adopt
that?
Hightshoe: Like I said, it doesn't change any of the ... the narrative, as opposed to your
priorities and your Council set -asides. It just clarifies the way we deliver
homeless services through the local Homeless Coordinating Board ... and the
continuum of care process. It was more than a few typos, so I just wanted to
make sure you knew (laughter)
Throgmorton: Shocked! (laughs)
Hayek: Tracy, cause I've known you for 10 years and totally trust you, I'm okay with
that! (laughter)
Dilkes: You've got it?
Mims: Yeah, we've got it (several talking) Yeah, we've got it!
Hightshoe: And just to clarify, if there's any typos, non ... just minor edits, I can do that in the
final plan. Okay! That's it!
Hayek: Okay! So ... Jim's motion is to incorporate those suggested changes, which appear
in the late packet from, uh, approximately page 70 -something, as uh... to ... to
supple ... to ... to modify where appropriate, um, Item 6. Further discussion? All
those in favor say aye. Opposed say nay. Ayes have it.
Throgmorton: Matt, I'd like to su... make a second motion.
Hayek: Okay.
Throgmorton: Different part of this. All right. Uh, I ... my motion is to remove `downtown
fagade renewals' from the list of priorities, and I can explain why in a second, but
that's the motion.
Botchway: Second.
Hayek: Moved by Throgmorton, seconded by Botchway. Discussion?
Throgmorton: Okay, I think the downtown renewal... facade renewal program is a really good
one. I like ... want to see it continued. I don't think the CDBG funds ... I don't
think it's the best possible use of very limited CDBG funds that will be declining
overtime. So, I ... I think we should find a ... a more ... a more appropriate use for
those declining funds than renewing fac... uh, facades on stores downtown. So,
that's basically my rationale. So I would hope that the staff could find a different
source of funding for that particular program.
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Mims: I'm not going to support the motion, just ... I'm not ... that I necessarily disagree
with you, but I want to maintain flexibility.
Hayek: I would concur. Further discussion on the motion? All those in favor say aye.
Opposed say nay. Fails 2-5. Okay, Item sti... Item 6 is still on the table. Any
further discussion regarding that?
Throgmorton: I ... I would like to acknowledge that, uh, the excellent presentations, uh, we just
received. Uh, I think, uh, Sally and Charlie have both drawn our attention to
some really crucial, uh, concerns, um, most of which I completely share, but I
don't think we need to amend this particular plan, uh, at this particular moment,
uh, to respond. I do think we need to respond though.
Hayek: Okay. Roll call, please. Passes 6-1, Payne in the negative.
Karr: Motion to accept correspondence.
Botchway: So moved.
Payne: Second.
Hayek: Moved by Botchway, seconded by Payne. Discussion? All those in favor say
aye. Opposed say nay. Motion carries 7-0.
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ITEM 7. RIVERSIDE DRIVE DEVELOPMENT AGREEMENT - RESOLUTION
APPROVING A DEVELOPMENT AGREEMENT WITH EMRICO
PROPERTIES LLC FOR A RIVERSIDE DRIVE MULTIFAMILY
HOUSING URBAN RENEWAL PROJECT.
Mims: Move the resolution.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion? We have a staff presentation
initially.
Davidson: Good evening, Mr. Mayor, Members of the City Council, Jeff Davidson,
Economic Development Administrator. Uh, Kevin Hanick, representing Emrico
Properties LLC is proposing a multi -family housing development on the former
Hartwig Motors site on Riverside Drive. Uh, development costs for the project
are estimated at $16.1 million for which a TIF rebate of (clears throat) 1.8 million
is being requested. Uh, the project would be a significant investment in this
neighborhood. And just real quickly, here's a, uh... uh, planned view of basically
how the new building would be laid out on the site. To orient you, here's
Riverside Drive, to the north, uh, the railroad embankment, here to the north of
the property. Um, couple of images ... let's see ... here's the front of the building
as it would appear from Riverside Drive, and I believe we have an additional
image there just, again, to show. Uh, one of the things with the Riverfront
Crossings' district, obviously, is we're trying to create a more pedestrian -
accessible, um, neighborhood here, and you can see some of the features that
would, uh... uh, create that — the building brought forward to the street, the
parking underneath and behind, uh, enhanced sidewalk system, which is part of a
larger streetscape project that the City will be doing, along with a project to put a
tunnel through the railroad embankment, uh, those ... those two projects will be
coordinated with this project. The City will be implementing those, uh, and
working with the developer (clears throat) as we, uh, go forward. Um, the project
consists of 96 rental housing units, a mix of one-, two -...primarily ones and twos,
with eight three-bedroom apartments. Uh, we have negotiated with the developer
12 of the units, uh, being, um ... uh... uh, rented under workforce. Your adopted
workforce housing guidelines of 80 to 120 of median income. Uh, those ... that's
approximately 12.5%, uh, of the total number of units. We typically have been
getting about 10%, so it's a little bit higher than what we have been getting in
some of our other projects. You, of course, are aware that you have, uh, the, uh,
neighborhood ... uh, or excuse me, the Development Services Division doing a, uh,
investigation right now of... of possibly having, uh, an enhanced, affordable, uh,
or workforce housing, uh, provisions for the Riverfront Crossings' district, but
those aren't in effect yet, so this is something that we have negotiated with the,
um ... uh, developer. Uh, as we mentioned, the, um ... uh, request, TIF request, is
a, uh, 1.8 million, which represents 11.2% of the development costs. Uh, the
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National Development Council, uh, and our representative Tom Jackson is here
this evening if you have any questions for him. They have completed a review of
the project and substantiated the financial gap that is being, uh, requested. Um,
obviously with a 100% residential project, we perhaps even scrutinize even more
carefully than we normally do, and I think our normal process provides a lot of
scrutiny to these projects, but we even take a closer look at this and what are some
of the reasons for, uh, basically substantiating, uh, the gap on the project. I mean,
this is a site that has been a blighted property, um, a redevelopment site. It did
require expense for clearing the site, that obviously a greenfield site would not
have. Um ... uh, the (laughs) we have had substantial negotiations. Our
Development Services' staff with the developer. I can tell you firsthand that the
images you are seeing here are greatly enhanced from the images that we started
with, and I won't speak for the developer because he is here and can speak for
himself, but the things that have been introduced into the, uh, project at our behest
in order to achieve the type of housing units that we feel we need to have here in
terms of being targeted for not just graduate -level students that are present on the
west side, but ... but young professionals that we are trying to attract to the
community. Places like, uh... uh, Meta Communications that the City was
recently involved in establishing 33 jobs which will be ramped up to
approximately 50. Those people have to ... they need places to live. They don't
want to live out on the fringe of the community. They want to live closer in. This
is the type of housing that we're trying to, uh, create for them. Uh, what I started
to say is that I think the developer will tell you that all of the suggestions we have
been made added expense to the project. Uh, but we feel like does result in a
amenity level that is appropriate, uh, for the project. The project will have, uh,
both underground and parking behind the building, but predominantly
underground, which enables then a courtyard to be established, which you see, uh,
in this area here. Uh, if we did not have the underground parking, that courtyard
would likely have gone away and be ... been devoted to parking, but in Riverfront
Crossings, the Riverfront Crossings' plan calls for trying to create green -space
opportunities where we can, and we think the developer has done a good job of
that, uh, in this location. Um, the ... the other thing that we would emphasize, and
we had some discussion of this at the Economic Development Committee is this a
neighborhood. The adjacent Miller -Orchard Neighborhood, which has not seen a
lot of investment and that's been one of the frustrations of the neighborhood is
that the investment has been very slow to come to this area. We did get the new
hotel down the street. We're very pleased with that, but there has not been a lot
of, uh, reinvestment activity in this neighborhood since that time. Some of us had
the opportunity to take a walking tour of the neighborhood. We walked
extensively up and down Riverside Drive and they ... and they emphasized the
City needs to help us get some investment, uh, to this neighborhood, and I think
the City has been a great partner with them, with the UniverCity Neighborhood
partnership and also the substantial sidewalk, Public Works' improvement project
that we did over the past year, which was, um ... uh, I think directly in response to
the neighborhood's concerns. We have put a lot of investment into this area and
we are really seeing this project as carrying through on that, uh, commitment. Uh,
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the National Development Council's report does identify higher risk factors
reflected in the ability to obtain financing, conventional financing, for the project
and as being something that does substantiate the gap, uh, on the project. The
financial gap on the project. Uh, we feel this project is consistent with your
adopted strategic plan, and also with the economic development policies that you
have asked us to follow. Uh, those are, uh, enumerated in the staff memo and
because of the lateness of the evening, I will not elaborate, unless you would like
me to do so on those. The project is a nine-year rebate and Wendy has put
together a nice graph here which sort of charts out, uh, basically a 30 -year, uh,
taxation scenario here. The dashed line here represents what the former car lot
property formerly generated, uh, in property taxes, and you can see that the
project will substantially, uh, increase that. As a TIF rebate, the developer will
pay 100% of the property taxes on the project, and then for a period of nine years
there's the protected levy here which will go to the three, uh, taxing entities — the
City, the County, and the School District — and then this represents the TIF, the
nine-year TIF, not to exceed $1.81 million, that will be paid up to year nine, and
then beyond that period, the full amount will accrue. Uh, the TIF will be taken
off and the full amount will accrue to the City, School District, uh, and County,
and you can see a substantially enhanced amount compared to the former, uh, car
dealership. Uh, so to summarize, a 96 -unit, uh, building, $16 million project, a
$1.8 million financial gap representing 11 % of the project, be structured as a
rebate. The developer has agreed to fund the remainder of the $16.1 million in
development costs, dedicate to the City the right-of-way and construction
easements needed for the pedestrian tunnel and streetscape improvements, to
provide 12 units of workforce housing, to be managed by the Housing Trust
Fund, to provide, uh, rooftop photovoltaic cells that will assist with the energy
load for the building, uh, to provide recycling facilities on each floor of the
building, and to provide 71 underground parking spaces with a lockable bike rack
for each. And the Economic Development Committee and staff recommended
approval. Do you have any questions, and of course, uh, Susan as Chair of the
Economic Development, uh, Committee may have some additional comments.
Mims: I'll just wait and see if anybody has any questions first or...
Markus: Jeff, why don't you sp... explain the, uh, first nine years, and specifically that
green area, which shows an increase, even with the TIF in place.
Davidson: Yeah, and this ... this represents the ... what we ... I think we had some discussion at
the work session of the protected levy, and Wendy can provide, if you'd like,
more detail, a much better explanation than I can, but basically that's... that's the,
uh, amou... that reflects, uh, debt service for the taxing entities, uh, that is
protected. Hence the name, uh, and... and reserved and will be distributed, and
you can see it. It's an enhanced amount, uh... uh, from what the car dealership
provided, even during the years when the TIF is in, um, is in effect.
Payne: So that's basically that difference between the 29 and the $38.
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Davidson: That's correct.
Payne: So that's that $8 or whatever it is.
Davidson: That is correct.
Throgmorton: (mumbled) question asking moment, I guess?
Hayek: Yeah, there ... and there may be...
Davidson: And as I said, the ... both the, uh, our financial analyst Tom Jackson is here, and
the applicant is present if you have any ... uh, questions for them.
Hayek: Any other questions for Jeff at this time?
Davidson: Thank you!
Throgmorton: Yeah, well, Jeff...
Davidson: Oh, sorry!
Throgmorton:... I'd like to ask some questions. Uh, first of all, thanks to you and I guess
Wendy for ... well, first of all, thanks to you for the presentation. It was very
clear, and to Wendy especially for that chart. I mean, I ... I personally find it to be
a... a very clear presentation of what happens to the money, and I know we talked
about that a bit in our last work session. So I get it. Uh, so ... thank you for that.
All right. So here ... here are some questions, just to help me be clear about
various things. Uh, am I correct in assuming that the project will be classified and
taxed as residential?
Davidson: Yes.
Throgmorton: Right. Entirely residential, so ... the ... the (both talking)
Davidson: And that's ... and that's reflected in our calculations.
Throgmorton: Yeah. So that's what I was ... the next thing I was wondering, and ... and does it
all, do the calculations also affect our, or reflect the effects of State -mandated
property tax relief, court decisions, etc.?
Davidson: Yes, all those are factored in.
Throgmorton: Okay. Good. Uh... do I also understand correctly, and I think the chart says this,
but I want to state it. Do I also understand correctly that the annual incremental
increase in property taxes paid by the project will be approximately $250,000 per
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year? With $200,000 of that being rebated to the developer for eight, or slightly
over eight years, whatever (both talking)
Davidson: Yeah, the total I believe is $320,000, as stated here, and then ... um, the difference
between, you know, it's roughly $100,000 and $300,000, so yeah, approximately
$200,000 is the ... the increment.
Throgmorton: Yeah. Okay. Just wanted to be clear about that. Um... so, I...I guess my next
question is, well ... I have two questions for the developer, I think. But one ... I ... I
should direct to you. Or maybe to Tom. Do the photovoltaic panels contribute to
the gap that Tom Jackson reports in his gap analysis, and help justify the TIF?
Davidson: It is. That is a project expense that is factored into the gap analysis (both talking)
Throgmorton: Yeah, okay, I ask about that because I know that there're all sorts of State and
federal tax credits for photovoltaics that I assume are being brought to bear on this
project (both talking)
Davidson: Yeah, we'll the applicant clarify that, but we basically used the cost numbers that
he provided to us, uh, in our analysis and to the degree that those included any
kind of tax credits, I'll ask Kevin to clarify that.
Throgmorton: Okay. Good! Thanks!
Davidson: Kevin, would you like to clarify that?
Hanick: Should I speak generally, or should I clarify that?
Throgmorton: Well, I ... I'd certainly like that question clarified or answered.
Hanick: Well, as a matter of fact (laughs) the addition of, uh, considering utilizing
photovoltaic solar pan ... rooftop panels is a late comer to this project and comes
primarily from you (laughs)
Throgmorton: Uh huh.
Hanick: Uh, over coffee some weeks ago. And, uh, I will totally admit that we had not
looked into that. Uh, I admit certain naivete about that. I'm certainly aware that
they exist but I didn't realize the incentives that were out there and the benefits
that were there. So, to answer the question and to make a correction, those were
not factored in. That cost is not factored in, uh, to ... to Tom Jackson's
calculations and the TIF calculation. It is not. This will be an extra that we're
going to do. So that's not ... that's not reflected in the TIF amount. Uh, and ... I...
it's a good time to say that the more I look into this, it's a complete no-brainer for
any developer right now and the ... and the City ought to get on board and make it
a complete no-brainer (laughs) because it ... the benefits are just ridiculously, um,
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good for everyone — the developer, the tenants, and the City, and the environment
in general. So we're really ... I'm really happy about this! And ... and it also, this
is kind of lead-in to what I ... I kind of wanted to say tonight, and that is ... that,
um, it's another partnership. Um, I ... I was able to ... to meet and have some, at
least preliminary discussions with two local providers, uh, of... of these panels
and ... and the technology, and ... I hate to even call `em entrepreneurs anymore
because I think it's becoming more mainstream. It... it's not really very
venturesome. It's ... it's a totally sensible mainstream thing to do. But it's...
they're local people that are doing this. You're going to see a lot more of it come
before you. You may want to require it in some ways. But the ... the thing I
wanted to step by and, this is the bad thing about giving a microphone to an ex -
English teacher is that my tendency is to probably, you know, wax a little
philosoph ... (laughs) at this point which I don't want to do very long, but I ... it's,
we've been working on this project for about a year, and uh, over that time, it is a
process, and it's ... it's a really solid, healthy process for the applicant, and for the
City, um, to ... to get involved and have this interchange of...of ideas, and I ... I
wanted to compliment the City staff, uh, they've been great to work with.
They've provided a lot of input, and as Jeff referenced, this is quite a different
project than we first envisioned. And uh, we've responded to their, uh,
suggestions, their requirements in some cases, uh, to get to the point where ... that
we are now, and ... and I ... I ... I, further than that, I wanted to say, and I wish the
woman who ... who spoke earlier about TIF, in kind of a negative way, would...
would come along with me and see that I think this TIF proc... process really is
the establishment of a useful partnership, and it ... it's with the community, it's
with the City, uh, and it's certainly come that way to me, uh, and I think Tom
Jackson's been fantastic to work with. I th... I thank the City for providing his
services. Uh, the City Manager and staff have been ... have been wonderful to
work with, and uh, we really feel very strongly that this is a catalyst project,
as ... as Jeff pointed out. The... the... the south gateway to Iowa City, which
certainly Riverside Drive is, has been, uh, underutilized and underfunded, under-
developed, and I compliment the Council on ... on establishing the Riverfront
Crossing District because that's the first step. You have to do that. You ... you've
said yes, we want to do, we want to invest in that kind of future, and that's what...
what's made this possible. You've raised the expectation and the demands of
what, uh ... structures will be in that district, and that has ... that has cost some
money. It will cost some money, and I ... I'm not objecting to it. I think for the
community it's more taxation. It's, uh, it's better quality, um, development in the
long-term, and uh, we're happy to ... to have increased the, uh, the uh, the basic
10% of affordable workforce housing, uh, by 25%, and I wanted to make one
correction — it's the Housing Fellowship that ... another partnership that we
anticipate, um, using, and we ... we've, uh, have a preliminary agreement with
them. Um, they ... they're one of the only local CHODOs that have the abilities,
and this is another groundbreaking thing with the City. I think this is the first
project that ... that will ... that will be not only required to do this kind of reporting
back to the City to ... to adhere to those standards which we're establishing with
this ... with this TIF, we have to report on an annual basis and that's part of the
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Developer's Agreement, and part of that reporting is to show how we qualify
tenants, uh, the Housing Fellowship does this as a matter of course and they're the
most experienced in doing this, and so we're very happy to have a partnership like
this and I must ... I will also reveal that I was on their board for about 20 years and
feel very positively about what they do in ... in our community. Um, in addition,
um, I think the... the... we're gonna build, you know, a highly efficient, you know,
energy efficient structure, but in this case with the potential of this rooftop solar,
it's actually an energy producing structure. it's ... it's, I ... I must say I'm really
excited about this, uh, and it's new to ... to this project, but um, it's not one that
I'm shirking at all. Um, finally, um ... the ... we are cooperating, and we've gone
through a very long process of dedicating extra right-of-way, uh, dedicating
easements to, uh, enable the creation of this tunnel, uh, that will go under the
viaduct. Um, we ... we've done a lot of...of horse -trading, giving and taking,
and ... and cooperating to try to bring this project up to a level that we think
justifies, uh, the support of the City and the community, and uh, be happy to
answer any other questions you might have.
Hayek: Thanks, Kevin!
Throgmorton: Matt, if I could, I ... I'd like to make a statement for the record, given what Kevin
has said. Uh, Kevin rightly says that we had a conversation several weeks ago, I
don't... six, eight weeks, I don't know. It was after that... after the rezoning, I
know that. We had a conversation about the project and I did indeed, uh, talk
about photovoltaics with him and I identified a bunch of people he could contact,
uh, but prior to having that conversation, uh, tell me if I'm wrong, Kevin, I ... I
was very clear in saying we will not ... the only way we can have this conversation
is if we do not talk about anything about the finances. So we had no discussion
(both talking)
Hanick: No, I can certainly say that I've known you for a long time. We were talking over
coffee and you talked about this technology, which I ... I had not considered. But
we ... it had nothing to do with... yeah... no, I (both talking)
Throgmorton: Thanks! So I have a couple of questions, but other people might have questions
they want to ask too.
Hayek: Go ahead, Jim!
Throgmorton: Okay, um ... well ... one of the topics we talked about was, uh... basically ... I ... I
understand the law about this, so I mean this sort of broad -brushed. Uh, how
can ... and we've gotten all sorts of questions about this by email and whatever.
How can we be sure that the project really won't be filled with wealthy students?
I know you can't ... you can't exclude students legally and I get that (both talking)
Hanick: It's very difficult, um, and I ... I've ... I took legal advice on this. I ... I've talked
to ... and in terms of...of creating, um, rules and exclusions, we can't do that. Um,
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but we can create environments that will encourage certain kinds of tenants. Um,
one of the things we talked about was having a, you know, quiet hours and things
like that. Uh, we've talked about, uh, the kinds of units that we're ... we're going
to build and what would appeal to a certain demographic. Um ... I ... I think ... I
don't make a guarantee but we designed it with a certain, uh, demographic in
mind, and undergraduate students were not the one ... the ones that we've, uh,
designed for. They can turn up. They can rent, but uh, I ... I can't guarantee
anything on that. But ... I know that's a difficult thing. But uh... the thing that
started this whole project out is my awareness, uh, that ... the demographic, the
young professional, uh, demographic, uh, graduate students, residents of the
hospital —those kinds of people — there's been no projects developed in this town
for them, targeting that ... that demographic. The only exception that might be the
old Grandview Court apartments that were built in 1947 and rehabbed after two or
three failures. Now they're extremely popular and ... they were sold as owner -
occupied, but little by little they've become, uh, rental properties, and they sell
within hours of them being put on the market. It's the only west side
development that seems to...at...at all attract, um, this demographic. Uh, we
think there.... there's room for another project. I don't ... that's not a great answer,
I know, but it's (both talking)
Throgmorton: (mumbled) I get it! One last question then I'm done with questions. Um, you...
you've set aside 12 units for workforce housing, which I think according to our
definition is between 80 and 120% of area median income. So ... the question is
simply ... why focus on workforce housing instead of affordable housing? And I
think our definition for that is below 80%. So, why that ... why that choice?
Hanick: I don't know if it was an active choice or ... more of a consultation with staff, uh,
decision. Uh, I think that the Housing Fellowship as they administer this may
very well, uh, be... choosing people that would be in that other cat... second
category, but I wanted to leave that to a third party, cause they have to do the
qualifications and the screening of the ... of the tenant applicants. Uh, and ... and I
was asked to do the former, that's simple as that.
Throgmorton: Thanks. Thank you, Matt.
Hayek: Okay. Any other questions for Kevin? You may be asked to come back up.
Thanks!
Hanick: I can do that.
Hayek: Anyone from the audience?
Biggers: My name is, uh, Jeff Biggers. I'm a Iowa City resident, and a father of two — kids
going to Shimek. Uh, I'm a writer. I'm an investigative journalist, historian, um,
and I'm here as a ... as someone who lives here in Iowa City, uh, I spend my day
filing stories about meetings like this, and this actually is the first time in my life
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I've ever spoken at a City Council hearing, and uh, I must say they're much less
contentious than the ones I've filed stories about. Uh, and what brought me here
is that I write stories about developments that go wrong, especially in the energy
and environmental sector. That we have a... a period now with climate change,
with sustainability issues; that we talk a lot. We have a lot of sort of proposals
and plans, but at the end of the day, very little is actually done, and very little we
can sort of go home and tell our kids, wow, we did something today to really
mitigate climate change, to really, uh, have a legacy, a sustainability legacy in our
town. And so when I heard about this project, uh, as part of a group now in town
who are discussing how do we look at the Riverfront Crossings' district as a
showcase for our town. Here's a place that truly, uh, paid the ... the ultimate cost,
the burden, for climate change. For the floods. For what's going to happen in the
future. How can we showcase projects that truly are going to be a ... a legacy, a
landmark, for us to move on? And ... and this development, to me, is not only
commendable, it's indispensable. To think that now we're going to have a project
that will be operating with solar panels! With a model recycling system. But
more importantly, the solar panels! As you all know, since July we've had a
turning point, a breakthrough, because of the Eagle Point solar case that went to
the Iowa Supreme Court. And so now the door has been opened, and this project
is not only going to be a catalyst for inclusionary housing, in a development
of... of an area that desperately needs development, but it's going to be the portal
for truly a sustainable Iowa City! It's something we can tell about our kids, and
as a taxpayer, as a resident, as someone who once again trying to raise kids who
will stay in this community, I feel like this kind of project is a downpayment on
our future. That if we really want to talk about sustainability, if we really want to
talk about climate ... we have to put our money where our mouth is, as a city, as...
as taxpayers, and this project really is exemplary! Someone who is taking the risk
to go through and truly move forward with a building, a brand-new building, uh,
dirt up, former parking lot, that's going to be a shining exemplar of solar energy
for our town. And I feel at the end of the day, you know, even in this room... it's
much too hot in here (laughter)
Hayek: ...the first time this has ever, uh, been the case actually (laughter) It's usually 20
degrees colder (laughter)
Throgmorton: Yeah, what's up? (laughter)
Biggers: But at the end of the day, after these long meetings, you can go home and say we
did something that's truly going to have a major impact on our city and for our
children, this incredible legacy that we can look down from that Children's
Hospital that'll be growing up on that hill, that we can look across from our power
plant, and say, wow! This is the first major development with solar energy! Mr.
Hanick has set the bar! Let's make sure everybody else matches what he does.
So I really hope you support him!
Hayek: Thank you for the comments.
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Carlson: My name is Nancy Carlson. I live at 1002 E. Jefferson, and I just have a question.
It says that 12 units will serve, uh, the workforce housing market. I'd like to
know how long. Uh, you know, on some of these things they've... we've talked
about 10 years. Sally tonight said that we are going to be losing 400 affordable
housing units. If we ... why can't we set the workforce housing or these standards
for 20 years, or in perpetuity, instead of playing musical chairs, and that's all I
have to say. Thank you.
Hayek: Thank you. Anyone else from the audience? All right, let's close it down for
discussion.
Mims: I'll just say from the Economic Development Committee, uh, standpoint, as we
went into this ... um, I think I can speak at least for two of the three of us, and
maybe all three of us, went into this, uh, with an awful lot of questions and... and
a fair amount of reluctance in terms of looking at, uh, a TIF for a purely
residential property. Um, but I think some of the things that we ... that we took
into consideration, and staff, you know, presented to us, and certainly the
developer talked to us about, but ... but staff had really done the due diligence
on ... were how much this is a catalyst project for this part of town. I mean when
you drive into Iowa City from the south, if you get off from 218 and come up
through, it's certainly not the most attractive, uh, entrance into this community
and we certainly talked about ... a lot about gateways, as we look at Dubuque
Street and stuff, and as you come from that south side, it's ... kind of downright
ugly ... in ... in areas! Um, and so in looking at this as a catalyst project, a really
high-quality, uh, project that ... in terms of the appearance, in terms of fitting in
with a lot of the environmental things, um, getting the ... the space along the street
for a wider sidewalk, being able to hopefully get the tunnel underneath the
railroad track for additional pedestrian and bicycle safety, um, those were all
things that we ... that we looked at, just as well as ... you know, what is the current
location, I mean, what is it's, you know, it's... building has been torn down.
There's nothing there, and you know, we could do nothing. We could not
participate in any way, shape, or form, and potentially not get anywhere near the
high-quality building, uh, both physically and um, aesthetically as we're going to
get, both as Jeff Davidson and the developer Kevin Hanick have said, what we are
seeing before us now is very different than where this project started out. Um, the
additional comment that I would make that I think is ... is very supportive of this is
the fact it is all in a rebate form. I think that's really important. It puts the City at
no risk financially. Uh, the developer's not going to get any money back if it's
not built and appraised, you know, at a level to ... to justify the rebate. Um, and
then finally some people have expressed concern about this being a precedent for
other developers doing just fully residential, uh, projects. From my personal
perspective, um, I would say to any developer who's watching or listening, don't
look at it that way. I mean we look at each and every one of these as individual
projects, um, do the analysis on those, um, have Tom Jackson from the National
Development Council look at those for us in terms of any gap, um, you know, any
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certain circumstances that go along in terms of the risk that might be involved
because of location or other things. So I am not concerned about this being a
precedent because I think we look very, very carefully at every project on its own
merits, um, but I think this one does deserve our support and I will be voting for
it.
Payne: I don't know if you were speaking for me or Matt or both of us (laughter) but I
concur with everything that you just said (laughs)
Mims: Well I just know ... we kind of went into that Economic Development Committee
meeting ... just about ready to vote no, at least I was. And so ... uh, there was a lot
that was said and done there that was I think very, very good information and very
convincing and... so that's where I sit today! And I certainly at that point felt it
was at least important enough to bring forward to Council.
Payne: Yes! Yes! Absolutely!
Dobyns: (several talking) I'll also be supporting this. Uh, my fellow westsider has
contacted me, I think about a year ago, regarding this, uh, deteriorating part of,
uh, the western side of Iowa City. So I asked, uh, many members of the Iowa
City staff, including senior members, to come walk with, uh, the ... the neighbors
in that area on a very cold and freezing day. I might add the City staff, uh,
responded very well, uh, as did the developer, in you know taking, um .... uh, to
heart a lot of the concerns that the people in this, uh, Orchard -Miller
Neighborhood had at the time. Uh, I think it's actually incrementally improved,
as the process has gone on. Jim, I appreciate you energizing, um, the rooftop, uh,
of this, as well. I, even though I'm no fan of TIF, um, that was the primary reason
I was, you know, initially I was concerned that there was ... kind of a lack of
affordable housing. I would have liked to have seen more of affordable, certainly
more workforce, but I recognize that asking for that would have raised the gap
and would have raised the TIF, and since I'm not fan of TIF, I think I'm pretty
much happy with where it's at, and I will be happy to support this.
Botchway: I like the precedent it sets for, uh, solar panels. So ... it's just pretty exciting and,
um, you know, uh, putting out there as a possible requirement, I think, was a ... I
appreciate that! Be ... I'll be talking about that at ... maybe a next work session.
Dickens: My only concerns were the TIF and ... and listening to all the conversation tonight
with the, uh... solar panels really is a ... a step forward in I think future building in
Iowa City. I know I put geothermal in my own home several years ago and bit the
bullet and ... I thought it was very important for futures. My 83 ... well, he'll be 86
next week, my father put it in and he expects to get the payout (laughter) Um...
but he did it for whoever's going to own his home in the future. So I think this is
one area that we need to be looking at, and this project is a great stepping stone
toward that.
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Throgmorton: So I'd like to say I ... I might be the only person voting tonight who once bought a
Dodge Caravan in the middle of the proposed building. I mean, back when it was,
what, Hartwig Motors. Bought a Dodge Caravan there in 1987 or some year like
that. Anyhow, it's not there anymore. It's a ... an empty parking lot. Uh, I've
concluded I'm going to support the proposed ... the requested TIF also. Uh, and I
have all sorts of friends who probably will be upset at me, but I... it's all right! I
think this is a really good project ... for an area that needs substantial reinvestment.
I think over the past several years what's happened is disinvestment, and we need
to turn that around for the good of...of the Miller -Orchard Neighborhood, for the
...for the good of that general part of our city. Uh, and I think ... really liked to
hear, uh, Kevin's response to my question about, uh, workforce housing. Uh, I
think there's some reasonable chance that, uh, s ... some, maybe all, of those units
will be put to ... uses that are affordable by low ... lower, not low-income, but lower
income people. So I think it's really good, and I really liked what Jeff Biggers,
my good friend Jeff had to say about the project and about how it...it could
provide a... a terrific signal about, uh, what, uh, what kind of future we could be
building in Iowa City, and I really admire what you said, Susan. In fact one of the
things I was going to do ... but don't need to (laughs) was ask you and Matt and
Michelle what persuaded you, because I was reading the Economic Development
Committee minutes and I noticed that you had all sorts of questions and it was
like something pulled you in. I didn't know exactly what. I wanted to hear what
persuaded you, and ... you've told me. So I don't need to ask that again. Uh, in
the future I think it'd be good though if...if, as a part of the record, uh, we had
relevant minutes of the Economic Development Commission meeting at which
the Commission recommends approval.
Hayek: I concur.
Throgmorton: Of... of, uh, of the (both talking)
Hayek: Typically that's the case! So...
Throgmorton: Well, I don't think we've seen it.
Hayek: Not ... not on this! You are correct.
Throgmorton: Uh, and... and... and... that's enough! So any ... anyhow, I'm going to vote yes.
Hayek: I will be a very reluctant supporter of this, and I spent most of the day ringing my
hands, uh, wondering what to do. (mumbled) you saw my vote at Economic
Development Committee, um, at that level. Um, I had gone into that inclined
to ... to vote against it. Um, I was probably a 55 against. Then I became a 55 for
as a result of...of that meeting, which is why I supported sending it to Council.
Um ... I ... I'm not ... I ... I ... to answer Miss Carlson's question, um, the ... the
affordability period, I think, is 13 years, unless it's paid off sooner, in which case
the period is shorter. Um ... uh... I'm ... I think there are other ways, if...if the goal
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were affordable housing, there are other ways to accomplish that. If the goal were
simply, um, environmental progress, sustainability issues, I think there are other
ways to accomplish that. Um ... uh, short of a ... a $1.8 million, uh, subsidy.
Um... I think... and... and, you know, the amenities are nice. Uh, you have to be
careful there. We've seen amenities in other presentations, including, uh,
earlier ... a couple earlier this evening. The ... the thing that gets me over ... the...
the boundary or, so to speak, the ledge, uh, to ... to be able to support this is ... is
the catalyst factor. Um ... and that's not obvious either. I mean, you can make the
case that that's an area that's in transition. There has been positive development
there. The hotel being one example of it. Um ... uh, but in the aggregate, this jet
...just gets over my threshold for, in terms of what I need to see to support this,
and I think the ... the combination of...of the ... of the location and ... and the
quality, and the fact that it's rebate -based, and the fact that the City ... that staff
with NDC has, um ... uh, squeezed as much out of this as ... as they can, and I have
great faith in staff, and NDC, which, uh, tend to put these things through the
wringer, um ... uh, and ... and that's why the products are generally better by the
time they get to us. Um, that process in the aggregate, um, is uh.... is a good one,
and ... and in this case, just gets me over the edge. I was ... honestly at 5:00 today I
was probably a no vote, but I ... I kept thinking about this and ... and reading the
material. So ... I'll be supportive of this. I think it, uh... uh, it's an exciting move
down in Riverfront Crossings. Lot of people don't recognize that that actually
goes over across the river to the west just a little bit, and as Councilmember
Dobyns, uh, pointed out, um, we've lacked for investment on that side of the
river, and I hope this will help us, uh, push more things forward and see the
private sector do more, uh, within that district. Further discussion?
Karr: Mr. Mayor, could you repeat the motion? Who moved and seconded it?
Hayek: Heck if I know! (laughter)
Karr: I ... I didn't...
Hayek: Well I think Mims and Payne.
Karr: Thank you!
Hayek: ...my recollection (several talking) That sound right?
Mims: Sounds good!
Hayek: I think that's (several talking)
Karr: Thank you!
Hayek: Further discussion? Roll call, please. Passes 7-0.
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Karr: Motion to accept correspondence.
Botchway: So moved.
Dobyns: Second!
Hayek: Moved by Botchway, seconded by Dobyns. Discussion? All those in favor say
aye. Opposed say nay. Ayes have it. How are we doing? We've got ... one more
item and then... potentially some community... are there people here for
community comment? Please raise your hand! (several speaking from the
audience) Yeah, I think we need a five-minute break. Uh... so we will take a
five-minute break, come back, take up Item 8 and then proceed to the rest of the
agenda, and let's be fast!
(BREAK)
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ITEM 10. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE
AGENDA).
Hayek: Item 10 is Community Comment, which we don't usually have, but because of
tonight's agenda, uh, we will open it back up for community comment. So again,
if there's something that wasn't on tonight's agenda, uh, that you'd like to bring
to our attention, we invite you to come forward. Again, please sign in, give us
your name verbally and limit your comments to five minutes, and we also thank
you for your patience.
Trimble: No, thank you! Um, Alicia Trimble, Executive Director of Friends of Historic
Preservation, and I want to thank you earlier for your vote before the meeting on
holding a public hearing, and as a reward you don't have to listen to my four
pages of notes. Um, I do have one thing I want to bring up. Uh, we did, uh, we
were asked by the Planning and Zoning Commission, and it was the Planning and
Zoning Commission that asked Friends of Historic Preservation — they did not ask
the City. I ... I, we've even transcribed the minutes again to look at that. Um,
specifically to have a structural engineer look at the three cottages on South
Dubuque Street. We did that, um, today with ... and we had the permission of all
three tenants. Two of the tenants here tonight were actually on the tour wus...
with us; the third one did give us a key. Um, and the structural engineer's
findings were pretty much the opposite of the original engineer's findings. Um,
but we still have an elephant in the room here because these tenants are sitting
here with a Notice of Violation on their cottages and ... it says it needs to be cured
by the 8th. Um... and I would like to ask you to ask City staff to please take into
account the new structural engineer's report. Um, as well as with the public
hearing being held, um, I think you know an extension on the notice at the very
least, um, should be req... requested. Um, these guys are kind of in limbo right
now. Um, two of them do have leases through July, but they are being told by the
owner of the cottages they have to be out by December 8th. That gave them about
a week and a half notice, maybe two weeks. Um, and that's because of the Notice
of Violation. Um, our ... the structural engineer we hired is from out of town. We
did that on purpose. Um, she found that all three cottages were structurally
sound, and when I asked her after the tour if they were safe and sound, she asked
me what in the world would make me think they weren't safe. So I'd like City
staff to please look at that report and please take that into account. Urn ... other
than that, um, can I ask the breakdown of the vote beforehand?
Hayek: We're not, I mean, we don't engage in back and forth.
Trimble: Okay.
Hayek: I think we reached a ... a majority and stopped counting.
Trimble: Okay.
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Dilkes: I ... just to clarify, there has been no public hearing set.
Trimble: No!
Dilkes: There is a meeting scheduled to discuss whether to set the public hearing.
Hayek: And it was a ... we needed a consensus of Council to ... schedule the meeting.
Trimble: Okay.
Hayek: So...
Trimble: Okay! All right, well thank you and ... um ... again, thank you for... getting
together to hold .... getting together to vote to hold that meeting.
Hayek: Thank you for the comments.
Ingles: It's nice of you to, um... stay so late to hear folks like me. Uh, my name is
William Ingles. I have, uh... a business and residence at 608 S. Dubuque Street.
Uh, one of the affected cottages that, urn ... we've been talking about. Uh, my
intention was, uh, before I heard that, uh, you're not going to be able to talk to me
about anything was to ask that you request or advise or ... I don't know the limits
of your power, but ... ask the ... uh, Building Inspection Department to consider the
second inspection that completely refutes the first one. Um, we were issued a
Vacate or Abate Order by the City, due to that first inspection, and that first
inspection made a lot of mistakes. I mean, it ... I suppose I'll present the photos
that demonstrate all of the mistakes that were made at my particular place when
and if another meeting is held. But ... the second report seems to me to be
abatement of the City's Vacate or Abate Order. Uh, nonetheless, uh, I haven't
heard anything when you spoke, uh, about what my future is. Uh, what's going to
happen on the 8th? Is ... is you folks having a meeting... maybe the City Attorney
needs to answer, but uh, is ... is you folks planning to think about having a meeting
enough to stop the bulldozers on the 8th, cause that's... that's what Ted wants!
Can anybody just say anything about that? Am I homeless on the 8th
Hayek: Well, I mean I ... so ... the meeting that we have ... agreed to schedule, date to be
determined, but likely within the next week, is merely to consider whether to set a
public hearing on ... uh, the possibility of pursuing landmark designation. If the
Council at that meeting votes to set a public hearing, whenever that is held,
January, February... let's just use those months, if the Council votes in the
affirmative to set the public hearing, then at that moment there is a moratorium
that goes into effect. Um ... uh, I don't know what impact if any it would have on
the eviction process, but it would, uh, and likely none because that's a ... um,
that's a matter between you and your landlord, but the, uh, moratorium that would
result from setting the public hearing would prevent, uh, any demolition.
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Ingles: Unless ... you schedule the meeting after the 8th. In which case there will be three
holes in the ground there.
Hayek: Well I'm not sure the 8th is accurate. Um ... and maybe Eleanor can chime in on
this. It's my understanding that ... the demolition permit could come as soon as
the 10th?
Dilkes: Wednesday the 10th
Hayek: Yeah.
Dilkes: Wednesday the 10th so the plan is to, as ... I'm aware of that, sir. The ... the plan is
to set the hearing, or to have ... to set the meeting to talk about setting the hearing
prior to the 10th
Ingles: So...
Hayek: The Council will either take no action at that meeting, in which case the process
continues on. Or the Council will decide to set the public hearing. That moment
in time the moratorium will go into place and prevent at least for the moratorium
period...
Ingles: Uh huh.
Dilkes: Sir, you probably need to seek legal advice.
Hayek: Yeah.
Ingles: (laughs) Um...
Dilkes: We can't give you legal advice, and you're getting into realms of your legal rights
visa vie your landlord. So you ... the best advice that we can give you is to seek
the advice of an attorney.
Ingles: Do any of you have the power to say to somebody like Doug Boothroy, hey, did
you see this, this second report? Can you look at it and consider it and consider
that an abatement?
Hayek: Sir, we're not set up and... and.... because it would make our meetings last forever
to have a back and forth engagement with mee... with members of the public who
address us during community comment or general community input. So, you can
make your comments, you can ask your questions, but we can't get into a back
and forth, and if you wish to follow up with staff, you can certainly do so. You
can follow up with City Council Members outside of this meeting.
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Ingles: Alrighty! You sure talk about development a lot here. Is that typical? Thank
you.
Hayek: Thank you for the comments.
Hall: Good evening, my name is Joseph Hall. I live at 1826 G Street here in Iowa City.
I'm a ... graduate student and an employee of the University. Um, I'm here to ask
the Council to acknowledge and address racial bias in the policing practices here
in Iowa City. Um, Iowa and Johnson County are among the worst states and
counties in the United States, nationwide, for disproportionally stopping,
arresting, and incarcerating black people. Um, I'm asking you to ... look much
further into the equity report, uh, that you had a meeting a couple weeks ago.
Um, I'm asking you to, uh, take seriously and put as a very high priority in your
long list of things that you have to do, urn ... Mr. Botchway's recommendation that
you scheduled an entire work session, maybe several work sessions, on this issue.
Um, please ensure that there's procedural, uh, and monthly, maybe weekly,
maybe daily oversight on how the Police Department and the Chief of Police
engage in regular... regular being quarterly at a minimum cultural competency
training, racial bias training, that police practices which profile people based on
their race or their culture or their neighborhood, including hot spot policing which
the Chief of Police acknowledges the Iowa City Police Department engages in
and attributes that to the disproportionality, um, in arrests and stops, rather than an
inherent bias. Um ... that those cease. Um, and that there's regular monitoring of
community engagement programs, which have been stated as they're underway,
but, urn ... monitoring their effectiveness, the participation of community
members, especially community members of color, um, and ... that the ... the
monitoring is far more frequent than what's given in the equity report as
recommendations. I think the (coughing, unable to hear speaker) report says that
every three years they'll survey every 100th individual that was involved in a ... a
police call. Every three years! There needs to be monitoring quarterly at a
minimum. And not just every 100th individual. And ... create a community
liaison, uh, staff person at the Police station hired by the City Council who
provides training and oversight to police officers, and who is a person with the,
uh, proven commitment and experience and ... uh... professional qualifications to
provide that training, and also to be a ... person who community members,
especially black community members and other community members of color can
trust and go to that person, as well ... but also can very well engage with police
officers and help them do their job well and do their job better, do their job ... for
the safety and the well-being of all members of the community. Thank you.
Hayek: Thank you for your comments.
Blanchard: Hello, uh, my name is Chad Blanchard. Um, I'm here to address, uh, the ... much
similar, uh... uh, issue. Uh, it's ... it's pretty clear and present that law
enforcement needs to be reformed. Um, and ... as he mentioned it's, uh,
exemplified in the disproportionate prison population (coughing, unable to hear
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speaker) Urn ... and I also request, uh, at the very least, you know, that $100,000
or something on that order be devoted to, uh, racial, uh, diversity training and uh,
sensitivity training. Um, as well as ... throwing an idea out there, uh ... de-
escalation training. Um, we ... have a ... an increasingly militarized police force.
And, uh... seems like an increasingly hostile population that even makes up the...
the police force itself. So I think it would be really important to, uh, if...if there
aren't already programs, uh, concerning de-escalation training, uh... which I'm
sure there probably are, uh, there needs to be more of it and uh, needs to be more
training around, uh... what constitutes, uh, escalation in a law enforcement
capacity. And understanding when, you know, a police officer may or ... may or
may not be, uh, escalating the situation like ... letting them be aware of it,
like ... and know what they're doing actually. Um ... and ... yeah, I guess that's it!
Hayek: Thank you for your comments.
Malone: Um, good evening, my name is Kendra Malone and I am a Diversity Resources
Coordinator with the Chief Diversity Office at the University of Iowa. I'm also a
citizen and resident of Iowa City. I, uh, received my bachelor's degree from the
University of Iowa and was actually born in this community and have recently
returned to this community, um, because I believe it's a place, um, that fosters and
tries to promote, um, the wellness and well-being of all of its citizens. Having
said that, um, I have recently witnessed personally, as well as collecting stories of
other individuals who are people of color in this community, the disproportionate
ways that we experience targeted interactions by the Iowa City Police
Department, and so my request to you all this evening is to allocate, at minimum,
beginning in the fiscal year 2016 at least $100,000 to not only conduct training,
but to conduct a needs assessment around the issues, um, related to the ways that,
um, I have personally witnessed, but as well as the ways that we see, um, several
reports that have been inia... issued by places like the Center for Worker Justice,
as well as other, um, reports on the disproportionate ways that communities of
color in our, uh, Iowa City community are impacted by looking at the level of,
um, incarcerated individuals, um, also by looking at the treatment that people of
color experience, um, during their interactions with police, myself included. Um,
so I am asking that you all demonstrate your continued commitment to making
Iowa City a more inclusive place for all of its community members by actually
allocating serious resources, to looking at the ways that we carry implicit bias,
um, in the ways that we interact and support particular community members. All
of us are, um... susceptible to the ways that American culture influences how we
think about other people, and there's a lot of scientific research, sociological
research, that suggests that people who carry racial privilege actually
subconsciously hold prejudice against people of color. It's been documented time
and time again, and so I believe it is imperative that the Iowa City Police
Department and other leaders in our community understand how these things
operate and begin to create resources around curbing that actual reality. So I
thank you for your time.
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Hayek: Thank you for your comments. Anyone else?
Boerner: Good evening. I'm Nora Boemer. Um, I know that we are not speaking to you
directly about the cottages tonight but I wanted to bring something about it to
your attention. I'm not an interested party. I'm someone who's just been
following this process over the last couple of weeks, and I think before you have
the conversation with the community members, it would be helpful for you to
research it and look into it. Um, I've worked with a lot of public policy in other
states and I'm actually sort of startled at how quickly this process has happened
and how different things have happened, um, and (laughs) trying to choose my
words very carefully. I think it's worth looking into and I think it's at the best
interest of the Council to be informed about what's happened before that public
meeting, so that you are prepared for it. That's what I'm asking. Thank you.
Hayek: Thank you for your comments.
Adams: Uh, good evening, my name is Adil Adams. I live here in Iowa City for 17 years.
I have six children, and am owner of, uh, American Taxi. I start this company, a
small company (unable to understand) become like 40 taxis, like 25 contractors
(unable to understand), uh, but last year ... uh, American Taxi that has been
operated in Iowa City from 2009 until now, I would like to request financial
assistance to support my company that was greatly affected by two (unable to
understand) license certification that were wrongly implemented by the City
Clerk, and the first ac ... accident was on behalf of the City Clerk office to (unable
to understand) affected my company (unable to understand) hearing letter to
wrong address. This caused a hearing to be conducted on a day of which I had no
prior knowledge about where I was unable to be heard by the Hearing Committee.
The second accident that negatively affected my company, uh, appearance, uh
(unable to understand) was by the Iowa City Police Department false allegation in
regarding to sexual assault, uh, case. And they found, uh, suspect was other
company, not my company, after massive investigation (unable to understand)
Because of this allegation I lost more than 25 contractors, and my drivers now
mistrust me. The company in the end (unable to understand) proves that the
actual suspect belonged to another company by the (unable to understand) For
the two above reason I would like the City Council consider my application to
grant me, uh, assistance to rebuild my company again. Thank you.
Hayek: Thank you for your comments.
Karr: Motion to accept correspondence.
Botchway: So moved.
Payne: Second.
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Hayek: Moved by Botchway, seconded by Payne. Discussion? All those in favor say
aye. Opposed say nay. Motion carries. Is there anyone else during community
comment?
Smith: Hi, um ... this is kind of interesting cause, uh, I was actually a camera operator
before it became a ... the robotic system, but it seems since then both Tom Markus
and I have grown a beard so ... um ... it's interesting to be on the opposite side of
things. What was that? (unable to hear Markus away from mic) Oh he's the City
Manager now. Oh okay, gotcha! (laughter and several talking) Um ... so, uh...
Markus: He could be! (laughter)
Smith: Um ... so tonight, um, I guess I just wanted to give a slight outsider perspective
on...
Mims: Your name, please!
Smith: Remington Smith. Sorry!
Mims: Thank you!
Smith: Um ... I moved to Iowa City maybe about 2010, and um, so I've lived over in
Towncrest, and I also just wanted to let you guys know I appreciate whoever
made sure that we know have, um, a garbage cans at the bus stops now. Things
are a lot cleaner, lot tidier, and I know that everyone really appreciates that. Um,
cause I'm sure you guys are used to hearing complaints but I just wanted to tell
you that I noticed that and I was very glad to see it! Um ... the interesting thing
about moving to Iowa City was, um, how coded, uh, language about race and
class was when I first moved here. Um, people from Chicago, um, the ... the
southeast side of town, those kind of became the words to kind of sus -out, oh, the
Press -Citizen is talking about poor people, oh the Press -Citizen or this person that
I'm talking to about Iowa City is talking about black people. Um, so ... kind of
right off the bat, coming from Louisville, Kentucky, where we also have kind of a
history of, uh, some issues with race relations, it seemed that Iowa City was
grappling with, uh, issues of race and class, and uh, as I lived here longer,
learning more about, um, the influx of African American residents, and how Iowa
City demographics were changing, and so Iowa City trying to figure out how to
reconcile these ... these differences. Um, so I ... uh, also started at the University of
Iowa where I was working on a film degree and I started a film project, just
wanting to talk to people at the bus stop, uh, the Old Capitol bus stop about what
their experiences have been of interactions along this color line. Um, it seemed
like the one place where you maybe had a large amount of African Americans and
a large amount of white residents that might interact in some way, instead of
things being so ... kind of segregated politely. Um, and it quickly became a
project that was less about those interactions and became more about interactions
with the police. Because random poll, just try and be friendly, asking people, hey,
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you want to talk to me about this? Pretty much every black male that I spoke to
had some sort of story about feeling harassed by the police. Didn't matter what
age, um, even, uh, African American females had stories about this. So, I think...
this kind of gets into what some of the people are talking about and what we're
seeing nationally, which is that there is a certain racial bias and it does need to be
acknowledged and it needs to be addressed. Um, especially when we're looking
at the disparity in terms of, uh, number of African Americans that make up the
population of Johnson County versus how many are actually in the jail. Um, it
kind of starts to boil down to one or the other, either `A' there's this implicit...
feeling that well, there's 26% African Americans in the jail because well, African
Americans are criminals. Or, you look at that rate and you go, wait, something's
wrong. If there are only 4% of African Americans in Johnson County, these
should not make up 26% in the jail. Like, if you saw that in your own
community, in your own neighbors and you felt like, wait, I just heard that this
person got stopped and you were seeing that over and over again, it would incense
you... you wouldn't look at the police as somebody there to help you. Starts to
kind of feel like harassment. Um, so I would ask that the Council really looks at
these numbers, and evaluates their values, and decides like what concrete action
are they going to take. Cause it is an either or, um, the statistics aren't lying. Um,
so it's either we acknowledge that there's racial bias in the justice system that we
have here, or we just say, yeah, we're quietly kind of racist, without saying it. It's
a quiet, insidious, implicit assumption about people in poverty and minorities. So,
again, appreciate, uh, you guys meeting with us, but please really think about this
issue. I've also seen a larger coalition of people start to emerge, so it's not just
white, educated liberals at protest movements, um, about race. It is starting to
grow. Um, there are ... more, there's more diversity, there are more people, so this
is something that's going to come up more often, and so you guys have the
opportunity to try and, uh, take the lead on it a little bit, instead of us badgering
you and taking up all your time. So ... thank you very much.
Hayek: Thank you for the comments! Okay.
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ITEM 11. CITY COUNCIL INFORMATION
Hayek: We'll start down with you, Kingsley!
Botchway: Urn ... two things, um ... you know, just appreciate the comments by the gentleman,
especially about the diversity as far as ... uh, people really getting behind
this ... this particular initiative, this particular movement and um, and again, you
know, my own personal experience as well. You know, it's ... uh, we deal with a
lot of important issues and I agree that um ... uh, you know, no issue you can
say ... I mean certain issues can't hold importance over others, but it's ... it's
upsetting, I mean, and I don't want to delve into it more than ... uh, I can just
because I'm at a loss of words, based on the comments, but also cause I'm tired.
Um ... uh, so, you know, I'm glad we're thinking about picking up in February,
but ... uh, you know, it's gonna ... the comments are gonna get louder. I think
there's more people that are going to get involved, you know, and the news
media's going to get involved and I think eventually we're going to have to make
a statement, sooner rather than later anyways, but um ... that's just that point. The
second point is, again I'm just going to have a, you know, another statement out
there. Uh, we talk about wanting to be included, we talk about wanting to, uh, be
involved in the process and understanding the process, um, but again there's a
slew of vacancies, um, and again, I don't know how many applications have come
in, so I guess I can't speak, um, too, uh, too well about that but, uh, it's an
opportunity to get a part ... be a part of City government. It's an opportunity to
understand the process, uh, you can't say you're not included if you're not willing
to ... to do those type of things. I did those type of things, even when I was busy
and I didn't have the time, um, and it worked out, and so I just think it's important
that, you know, people go through that process, as well.
Hayek: Jim?
Throgmorton: Yeah, um ... Remington, right? Yeah, as a former Louisvillian, I'd like to thank
you and especially everybody else who stayed late to speak to us, and you know,
share your views and concerns. Uh, thank you very much for doing that. I also
want to recognize, uh, my voice! (coughing) My voice is going away. I want to
recognize the November 25th demonstration that took place on the Pentacrest,
where people protested, roughly 200 people, protested against what happened in
Ferguson. I know people have all sorts of different views about what happened,
but I want to acknowledge that they were there, that they protested, and then
walked down here, I think, and then back up through the ped mall, and I was
present for the start of the, uh, of the demonstration, just to observe and hear what
people had to say. I also want to note, and this is sort of echoing what, uh, what
Kingsley just said. I want to note that during our work session we decided to
schedule a ... a special work session, maybe as late as February, about how to
respond to a presentation about equity and diversity that we received from
Stefanie Bowers in our last meeting, two weeks ago, and I want to note for the
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record, for the public, that, uh, I shared a memo with the Council and it appears
in, uh, our most recent, um ... um, Information Packet, I guess. Is it the
Information Packet ... yeah, the most recent Information Packet, uh, which
proposes that our Council take three specific actions and I elaborate on each of
these, so I don't have time to do that right now. I urge our Council to build
stronger bonds based on mutual trust with diverse members of the public, and I
think that requires us to get out of City Hall, to get out of Room A of the Public
Library and go to places where fe... people feel most comfortable, places like The
Spot, Uptown Bill's, uh... uh, elementary school gymnasiums, etc., out in the
community, to meet with people and hear what they have to say and... and engage
in conversation with them. So that's the ... the first part of what I recommend.
The second is that in ... in addition to, uh, doing good work to change practices
within City government, which Stefanie emphasized, we also need to address the
deeper equities that exist in our community. So, I elaborate on that in the memo,
as well. Lastly, it's possible that, uh, we will decide that we need to develop a
new proposal for a local option sales tax. I'm not saying we're gonna do it cause
we haven't decided; haven't discussed it; I don't know! Uh, but we might. If we
do, I think we need to make sure that some significant part of those funds be
directed toward providing economic development, etc., opportunities for lower
income people, especially lower income black Americans. Thanks!
Mims: Uh, just a couple of things. Um, just wanted to remind people as we're starting
into the winter, um, the ... making sure that they're familiar with the procedures
for snow emergencies, um, especially students or others who might be leaving
over the holidays. Um, I hope we don't have any, but just in case we do, so their
cars don't get towed, um, and we just encourage people that if they haven't done
it and they have access to internet and emails, that they go to the Iowa City web
site, um, icgov.org, and sign up for emails from the City. You can get `em from
all different kinds of categories, depending upon what you want to get. You can
be notified if there was a fire or police reports that are out there, or snow
emergency kind of things, so would encourage people — it's a good way to get, uh,
timely information on a lot of issues, um, from the City. Also, we will be
celebrating the 175th anniversary of the City. Um, lots of events going on. We'd
encourage you ... I'm assuming, Marian, there's stuff on the web site about that
(several talking)
Karr: ...main menu and several on the web site.
Mims: Yep! So, encourage people to look at that. And then this Friday, the 5th, um,
going to have a Blue Zones, I think, ribbon cutting here at 3:00 in terms of, uh,
workfor ... work place recognition for the Senior Center and for the City. So, and
lastly, um, Saturday at the Library there is a arts and crafts bizarre in Meeting
Room A! So lots going on!
Botchway: Quickly, Susan, um ... there's going to be buttercream icing on that cake, correct?
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Karr: Okay! (laughter and several talking) Duly noted!
Dickens: I spoke at the ELL classes at City High a week ago Friday and I was very
impressed with the questions that they asked and ... my main goal was to get these
young people involved and I told `em to get involved at any level, whether it's,
you know, art, music, whatever. Get involved, become a leader. Uh, I talked to
one of the teachers today and she has told me that there's one that's very
interested in running for City Council some day, so ... hopefully if we can just
spark that kind of interest that, you know, at that level to keep it going.
Payne: Susan stole my thunder. I was going to talk about the 175th birthday this
weekend, so...
Mims: Well go ahead, I didn't give any details, so...
Payne: I ... I was just going to direct `em to the web site because there's so many ... so
many things going on, starting on Friday, December 5th with the Blue Zones'
work site ceremony and then ending ... it's on Saturday, and Sunday, and then the
cake, uh... the cake served by City Council Members, right? Is on Sunday
afternoon, after Mayor Matt Hayek gives a speech! According to the web site!
(laughs)
Hayek: Speech? (laughs)
Payne: Um ... a welcome!
Hayek: Cando! Doc?
Dobyns: And we can do holiday shopping while we're down there.
Payne: That's right!
Mims: That's right!
Dickens: I'll be working.
Hayek: Um, yeah, thank you for mentioning the ... the 175th so Friday, Saturday, Sunday
are the events, including fireworks, uh, at 5:30 P.M. on Saturday. Also I'll be at
the Scheel's store at the Coral Ridge Mall tomorrow for the Salvation Army, uh,
annual, uh, bell ringing fundraiser, so if you're out that way, stop by, stick some
money in. I'll be there at noon!
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ITEM 12. REPORT ON ITEMS FROM CITY STAFF
a) City Manager
Hayek: Mr. City Manager?
Markus: Uh, just congratulations to Kingsley. I understand this was his first day of new
employment at the School District! Congratulations!
Botchway: Appreciate it.
Hayek: Thus the suit! (laughter)
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