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ITEM 2. STUDENT LEADERSHIP AWARDS — Weber Elementary
Hayek: Would the students from Weber Elementary please come forward! (noises on
mic) (applause) Well how are you doing? Good! Well I'm glad you're here.
I'm Mayor Hayek and this is the City Council behind you and we're, uh, excited
to have you here at City Hall! I think I know your parents! (laughter) Um, well,
so, uh... the first thing is that you brought your piece of paper! That's really
important! Second thing is, how come you're not doing your homework right
now? (laughter) Uh, what we have at the beginning of our City Council meetings
throughout the school year is, um, at...at each meeting we invite, uh, students
from the elementary schools in Iowa City who've been nominated, uh, by their
schools as leaders within their elementaries, and this is a great honor for us. It's a
great honor for you, and it's a great honor for your schools, and this week is
Weber. What are you guys, the Dolphins? All right! Uh, well, so what I'd like to
do is I'll hand the ... the microphone to you and have you read your piece, and then
I've got a little award that I'd love to give to you! So why don't we start with
you!
Davis: Okay! Hi, my name is Sophia Davis and I'm a ... in sixth grade. I was selected
for this award because I'm a conflict manager captain and a safety patrol captain.
I'm a good leader because I'm always kind to people and I've helped kids with
special needs by helping them in class and being their friend. I've also helped
ELL kids in class with writing. I'm also very responsible because I always get
my homework done, and I am always on task during class. I'd like to thank all
my teachers at Weber cause ... they have made me who I am. (applause)
Koch: Hi, my name is Audrey Koch. Receiving the Leadership Award at Weber
Elementary has always been one of my goals. My school activities that include
leadership qualities are being a student council member, school store manager,
library volunteer, and a mini -dance marathon volunteer. In the classroom, I am a
hard worker, very responsible, and helpful to my classmates and teachers. My
activities outside of school include playing basketball, tennis, and guitar. I've
received sportsmanship awards for my positive avi ... attitude and good leadership
skills on the court. I am honored to be receiving the Leadership Award from my
teachers Miss Lames and Miss Spencer. (applause)
Hayek: Well those are great! You're clearly very busy. I don't know how you have any
time for regular school. Uh, I certainly didn't do as many things as you guys are
up to, although I was captain of the safety patrol back at Shimek back in the day
(laughter) and that was ... that was great! Well, uh, one of the reasons we bring
you down here is so that the community can see you and ... and the ... the kids in
your school can see you and the people in the audience and those watching TV.
We have incredible kids coming up through our system, and you're an example of
that and we're really proud of you, and that's why we give out this Student
Leadership Award. Um, but before I read it I also want to give a shout -out to
your parents and your teashir ... teachers, and ... and everybody who plays an
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important role in your lives. There are a lot of people who help you, uh, succeed,
and I see some of them out in the crowd, and we ... we thank them. So the award
reads as follows. It's called a Student Leadership Award, and it says for her
outstand qualities of leadership within Weber Elementary, as well as the
community, and for her sense of helpfulness and responsibility to others, we
recognize you as an Outstanding Student Leader. Your community is proud of
you. Presented by the Iowa City City Council, January 2015. So, Sophia, here's
yours and Audrey, here's yours (applause) Let me shake your other hand. You
look like you got a hurt wrist. I'll shake your hand too! (applause)
Congratulations! You're welcome to stick around ... or you can go home and do
your homework! (laughter) Thanks!
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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 deferral of Item 3d(2), uh, which regards the... Wade Street water
main replacement until the meeting on February 91h
Mims: So moved.
Throgmorton: Second.
Hayek: Moved by (both talking)
Dickens: ... amended.
Hayek: It is amended. We already got it covered. Uh, moved by Mims, seconded by...
Throgmorton. Discussion?
Throgmorton: Matt, I'd like to note that Item 3d(6) schedules a public hearing, uh, February 9th,
public hearing on rezoning about 34 acres, from IDRP, who knows what that
means really, to CO -1. This rezoning would allow further expansion of Northgate
Commercial Park, which for those who don't know, is located north of Interstate
80. Wanted to observe that that's being scheduled.
Hayek: Thanks, Jim. Further discussion? Roll call, please. Passes 7-0.
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ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8
PM]
Hayek: This is the opportunity at each City Council for members of the public to bring
matters to the Council's attention that are not on the agenda. So if there's
something that is not on tonight's agenda that you would like to speak to us about,
we invite you to come forward. We ask that you sign in and also verbally, uh,
give us your name, and to keep your comments to five minutes!
Hammerich: Hello!
Hayek: Hello.
Hammerich: (laughs) Um, our names are Jenna Hammerich and Eric Johnson, and we're
members of the Iowa City Climate Advocates. Last fall the People's Climate
March took place in New York City. Over 400,000 people took part, which
makes it not only the biggest global warming protest in U.S. history, but also one
of the biggest political marches in U.S. history, bigger than all but one of the
Vietnam War protests. For people who couldn't make it to New York City, the
Iowa City Climate Advocates and several other local environmental groups
organized the Iowa City People's Climate March, in which over 130 people
participated. We marched from Representative Loebsack's office to the Johnson
County Board of Supervisor's office, to Jessup Hall on the University of Iowa
campus, and then to City Hall. At each location we read a list of specific
respectful demands that each office should undertake to address the global
warming crises on the local level. These demands were also delivered to each
governance body before the march. In December we receive a well thought out,
thorough response to our list of demands from the Johnson County Board of
Supervisors, which we'll hand to you in a moment, and we are currently working
on moving forward with them. We ask that the City of Iowa City respond to our
letter in kind. We would also like to thank Mayor Hayek for signing the Mayor's
Climate Agreement last fall. We thank the City for appointing a Sustainability
Coordinator, and completing a sustainability assessment, and we thank you for
emphases on sustainability in our City's Comprehensive Plan, and for the
environmental education center, built to LEED platinum quality and the source of
good waste management ideas. We think our list of demands will help Iowa City
reduce its carbon footprint and achieve the goals laid out in the Mayor's Climate
Agreement. We look forward to working with the City to do anything we can to
help move forward on the global warming crises. We've brought copies of our
letter and will hand those to you in a minute. To briefly recap, our five demands
for the City of Iowa City are to, 1) create a commission, including citizens, to
devise within one year or less a thorough climate mitigation and adaptation plan,
being mindful of the human, public health and species survival implications of
global warming's effects. 2) revise City codes and budgets to enact the mitigation
and adaptation strategies of the commission's plan in a timely manner,
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commensurate with the emergency we face. 3) create incentives for all new
buildings in Iowa City to exceed the State energy code by at least 40%, and deny
tax incentives to any new building proposal that does not achieve this level of
energy savings. 4) identify ways that all City property, from parks to parking
ramps, be used to enable diverse species that live in our city to survive and
rebound, and to mitiget ... mitigate and redress the effects of climate change
wherever possible, and 5) change the waste code to require that all dwelling units,
including apartment buildings, have a recycling system for residents, and a means
to promote its use. Thank you!
Hayek: Thank you for your comments and we look forward to the list!
Karr: Motion to accept correspondence.
Botchway: So moved.
Dickens: Second.
Hayek: Moved by, uh, Botchway, seconded by Dickens. Discussion? All those in favor
say aye.
Throgmorton: (both talking) ...this includes both the letter from, uh, Climate Advocates and the
Board of Supervisor's letter, is that ... is that what Jenna said? (several
responding)
Hayek: All those in favor say aye. Opposed say nay. Motion carries. Is there anyone
else during community comment?
Adams: Um, hi, my name is Adil Adams. Uh, American Taxi. Uh, first I would like to
thank you for respond to my letter and to also I respond to your letters, but today I
would like to address another issue affecting us as taxi drivers, which is, uh, the
(mumbled) of the driver license, and suspended driver license in Iowa City.
(mumbled) all the State (mumbled) uh... point system. Here in Iowa City, if you
got City ticket, they suspend your driver license. As taxi driver, we work 24 -
hours, seven days a week. (mumbled) so that more tickets and is ... (unable to
understand) for us to suspend your driver license and this is our living. So I
would like the City Council to address the point, like if you go to city like (unable
to understand) If you have minor violations, they give you one point. If you have
serious violations, they give you three points. After nine points, they suspend
your driver license, and which is fair, but in Iowa City is not fair. Even if you
have minor, City minor ticket on one day, they can suspend your driver license.
Thank you.
Hayek: Thanks for your comments. I would encourage you to put that in writing and send
that to the Clerk or to the Council so we can respond, and I'm glad you got a
response to your last ... item. (unable to hear response from audience) Anyone
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else during community comment? (unable to hear person speaking from
audience) Yes, ma'am!
Carter: My name's Deanna Carter and I've got two separate issues I want to talk about.
First one is, uh, there's a thing called the sidewalk in -fill project on Oakcrest
Street, and I'm one of four homes in the area where there's no sidewalk, and
there's been no sidewalk since 1962, and I've got a big lot. It's 90 -foot across the
front. One of the reasons I decided to buy my home was that I would never have
to shovel snow on the sidewalk. That's a big thing. I've ... I'm retired age. I've
got arthritis in this hand. I have a limited income. My tax ... my property taxes
have already gone from 5 ... from 3,000 -something to 5,000 ... in a period of under
six years. Um ... I don't want the sidewalk! My next-door neighbor Max, who's a
full-time ... the four ... the four houses are also resided by people who live here
year-round, not students. So the house to the south of me is a home. My home.
Max's home, and then another home. Then there's apartment buildings to the
north on my side and to the south on my side. The streets on Oakcrest Street are a
disaster. They... they're, you know, they're broken up. They need to get fixed.
Um, when I started meeting with Josh, who's with the City Engineer's office, I
showed him what the City was ... it was smart, they should wac ... actually, there's
a place where the students cut across the railroad tracks, not off of Myrtle, but
more towards the Oakcrest part. They cut off ...they cut through the railroad
tracks, over the park, through the park to get to the Hospital. The ... east side of
Oakcrest is paved with a very good sidewalk that's seldom used, until the curve.
And the curve that goes down toward Oaknoll Retirement Village. There's a need
on that curve to have sidewalk. My neighbor who's across the street from me that
has sidewalk on her side of the street. I'm trying to paint this for you. Ask me
questions, but there's four houses, big houses. No commercial, no...no traffic,
sidewalk there. It's yards. Nobody goes there. Across the street, when they use
the sidewalk, that sidewalk serves just fine. But somehow they decided they have
to fill in sidewalk on both sides of the street. My concern is, number one, my title
property says I don't have to have a sidewalk, it should have been done 19 ... done
by 1962. Um, the bottom of my property, it's ... I've left it kind of wild. It's the
ravine that's now called `Melrose Lake,' probably because condos went in across
the way and they cost a lot of money, but before it was just a pond. Um ... and...
the attraction of me buying the house was no sidewalk, because I don't want to
shovel snow! And half the time during the snow I'm not here so I'm ... I'm happy
if there's no snow on the sidewalk. All of the homes that people are living in
year-round do not want the sidewalk. We don't have the need! Across the street,
it's perfectly fine. Going past the four homes, uh, there's two eight-plexes,
apartment buildings. And they don't have a sidewalk either, except they could go
out of the driveway, straight to the bus stop. The other problem is where my
house is, if you're going to do a sidewalk on my side of the street, the sidewalk
would dead-end right in the middle of my driveway, which is across the street
from a bus stop and at the ... facing the street, the right-hand side of my house,
there's a fire hydrant, which I now understood from the water people, two weeks
ago I spoke to them, it got driven over by a car in 2006. So backing out of my
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driveway with a stopped bus and people coming around the corner, it's a bad
place. This would be referring to the, uh, yield sign that should be at the T -
intersection of Woodside and Oak ... Oakcrest Street. You need the yield sign!
Because people come around there. So I'm speaking for the people on the homes
on this property. Nobody wants a sidewalk! I've met with Josh three times in my
house. I've gone to the meeting to discuss it, and now I understand from Josh
there's no discussion. It's just he and his boss can decide that they're going to put
a sidewalk in on my property. I put in a parking pad in a couple of years ago
that's about 18 -feet by 8 -feet, plus I put in about 9 -feet by 4 -foot of sidewalk.
That cost me about $4,000. If Josh is saying that the budget for this whole area,
which is probably 90 -feet times 10, maybe 900 -feet of sidewalk, plus digging up
driveways, that he can (mumbled) the whole thing for $100,000, minus the
salaries of the City, which is about $70,000. I don't think you can do it feasibly.
My other concern is, uh... if you dri... dig up the driveway, you'll have to put it...
you'll have to do it properly, and so it looks like ... I asked, uh, actually Max the
next door neighbor who doesn't want the sidewalk asked if you do bidding, do
you take bidding out of state. And, uh, Josh said we take the lowest bid. Well, a
lot of the lowest bid is slip -shod work, and if you're going to put in a sidewalk,
which I don't want, do it so you don't have roo... roots wrecking it because some
idiot's going to sue the City and say `I tripped on the crack and...' you know, the
City's going to end up paying more in liability insurance.
Hayek: Ma'am... ma'am, I need to interrupt you. You're ... you're up on your five
minutes.
Carter: Oh, I didn't know! Okay (both talking)
Hayek: ...I would encourage you to do is ... is ... is provide your contact information to
staff, and we'll make sure somebody gets back to you. There's (both talking)
Carter: ... one other really quick thing.
Hayek: You'll have to be brief!
Carter: ...the neighbors don't want the sidewalk; we don't want it! We want to know
who to go to because it's not necessary. The other side of the street is good. My
other comment is during parking during game time, football games. A ticket is
only $15, and there's a fire hydrant and a bus stop at my corner. It's a hazard.
People park where it says `no parking.' Please raise the price of a ticket on game
day to like $45 so you actually make some money.
Hayek: ...why don't you provide your ... provide your contact information to our staff and
someone will get back to you (several talking)
Karr: If you... if you sign in, then we can contact you (several talking)
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Hayek: ...make sure somebody gets back to you. Thank you!
Karr: Could I have a motion to accept Mr. Adam's letter please.
Throgmorton: So moved.
Botchway: Second.
Hayek: Moved by Throgmorton, seconded by Botchway. Discussion? All those in favor
say aye. Opposed say nay. Motion carries. Thank you for your comments!
Anyone else during community comment? Okay, we'll move on to Planning and
Zoning Matters.
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ITEM 5. PLANNING AND ZONING MATTERS.
ITEM 5a REZONING 608 AND 610 S. DUBUQUE STREET LANDMARK
DESIGNATION — ORDINANCE TO DESIGNATE PROPERTIES
LOCATED AT 608 AND 610 S. DUBUQUE STREET AS LOCAL
HISTORIC LANDMARKS. (REZ14-00024)
1. PUBLIC HEARING
Hayek: Uh, this is a public hearing. The hearing is open. (bangs gavel) Uh, before we
get to a presentation from staff, uh, I want to ask the Council Members to disclose
any ex parte communications they've had with interested parties. Uh, for the
record.
Throgmorton: This refers to the period after we designated... after we set the public hearing,
right? Cause, you know, I've had untold numbers of conversations, before we set
the public hearing.
Hayek: Yeah, let's ask Eleanor. I think it may just be anything.
Throgmorton: Who can remember?
Hayek: With interested parties, so ... hey, Eleanor, we ... so we're asking for the ex parte
communications, and Jim's got a question of when ... when that obligation picks
UP.
Throgmorton: Yeah, so basically I'm wondering whether this obligation starts the moment we
set a public hearing. Cause, you know, I've had many conversations with many
people, ordinary citizens, people who are out in the audience, uh, many people
over the past, what, three months ... or since early November. So, who can
remember all that?
Dilkes: Well, it's not clear when that obligation starts. The best I can tell you is that the
purpose of disclosing conversations you've had with in ... interested parties is to
allow people on the other side of the issue to respond to issues that are not aired at
the public hearing. Um, so for instance, if you've had a number of conversations
with ... people. I ... you do your best to disclose them and the substance of those
conversations. That's... that's the best that you can do. One way to look at it in
terms of the substance is ... is it, is the substance generally in the record. I mean,
you've got ... had a lot of correspondence on this issue from both sides. Um...
sometimes people make a personal contact simply because they want to make a
personal contact. They're not giving you any information that's different than
what's been put in the record. Um, so that's something to think about as you
answer. If there are groups of people, um ... for instance advocates for one
position or another, um, and you can't remember all their names, that's okay, but
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you just need to keep in mind that there shouldn't be something influencing your
decision that is not a matter of record.
Throgmorton: Okay, thank you. I ... I've had numerous conversations since ... I don't know, early
November, with a range of people. The property owner, Rockne, a whole bunch
of people, um ... um, Will, a whole bunch of people, but none of those
conversations have involved particularities that differ from what's already in the
record in terms of letters and emails and whatever that have been sent to us. And
I would also say that since we set the public hearing, I've had no conversations
with anybody about the ... about this particular topic.
Mims: I've had conversations with the property owner and his representative Kevin
Digman. Uh, visited the cottages, um ... I think that's it!
Hayek: Others?
Dickens: I met with Ted Pacha, did a tour...
Dilkes: Susan, what's ... been the substance of those, if different from the record?
Mims: I would say not different from the record. Just in terms of the quality of the
buildings and the interest in not having them preserved.
Dickens: I met with, uh, Ted Pacha and did a tour with he and Kevin Digman, uh, and I ran
into Kevin in the mall and that was (mumbled) Everything else should be in the
records.
Hayek: Was the substance of those conversations consistent with what's in the record?
Dickens: (mumbled) right.
Hayek: Okay.
Payne: I also met with the ... with Mr. Pacha, at the site. Did a tour. Um, but it's ... the
same thing that's already in the record.
Dobyns: Nothing since the, uh, motion... meeting was set. I had no substantive discussions
of this issue since it was, uh, set.
Dilkes: What about prior to that?
Dobyns: Nothing that was outside what is already available in the public record.
Hayek: I, um, Mr. Pacha came to my office last fall when this was first unfolding, um,
with some complaints about the process and frankly at that time I, uh, wasn't very
familiar with it, uh, and it was a ... it was a brief conversation. Uh, I did visit the
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site in late November, early December, prior to when we took up the issue of the,
uh, of...of setting the hearing. Um, and was shown the condition of the southern-
most building, uh, and the conversation was limited to complaints about the, or...
discussions about the ... the condition of the building. Um, Kevin Digman
contacted me about getting together. We never did, and didn't have a
conversation. Uh, Will Ingles contacted me after one of the meetings. We never
got together. Didn't have a conversation. Um, and I think it was yesterday or the
day before I was on the phone with, uh, Attorney Bill McCarragher on
a ... unrelated legal issue that we have in common and he asked if this item would
be coming up during our work session this evening, and I said no it will be at the
formal meeting. Um, that's the substance of my ex parte communications.
Botchway: So I don't remember so I'm going to go ahead and say, you know (laughs) no
substantive, urn ... uh... nothing that's different from the record.
Hayek: So, that ... these disclosures are required by State law, that's why we go through
this exercise at the beginning of a rezoning.
Dilkes: Yeah, let me just ... let me just be clear. The... the... the case law is very difficult
in this area. There are some city attorneys who advise that their clients do not
have any conversations with anybody about rezonings. There are other city
attorneys who advise this process, and yet there are still others that say you don't
have to do anything. So ... we're doing this because we like to be in the best
position we can if somebody chooses to sue us.
Hayek: We do it because you tell us to, Eleanor! Okay, with that let's turn it over to staff
for (both talking)
Yapp: Uh, good evening, uh, John Yapp, Development Services. Uh... the original
application we received for this property included three properties at 608, 610,
and 614 S. Dubuque Street. Uh, since the application was filed and since the
Planning and Zoning Commission acted on it, uh, the property at 6...614 S.
Dubuque Street, uh, was demolished, uh, prior to your setting of a public hearing,
uh, and therefore no longer qualifies for landmark, uh, status, as the structure is no
longer there. Uh, I've shown on the, uh, location map on the overhead the, uh,
location within the ... the green box of the two remaining structures at 608 and 610
S. Dubuque Street, uh, and here they are on an aerial photo. They are located on
the east side of Dubuque Street, south of Prentiss Street. Uh, Alicia Trimble,
Executive Director of the Friends of Historic Preservation has requested that these
properties be designated as Iowa City Historic Landmarks. On December 11th the
Historic Preservation Commission, uh, considered this item, uh, found that they
did qualify for landmark designation, and recommended, uh, approval, uh,
unanimously. Uh, subsequently the Planning and Zoning Commission, uh,
considered this item specifically landmark designation for these properties, uh,
and found that landmark designation is consistent with the Riverfront Crossings'
plan. Uh, and recommended approval. This is an image of, uh, these are an
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image from when the three structures were there, and I've got closer in images of
the, uh, remaining structures. This is the structure at 608 S. Dubuque Street. And
610 S. Dubuque Street. Uh, these properties are in the Riverfront Crossings, uh,
planning district. Uh, the Riverfront Crossings plan does identify preservation of
these cottages as a goal. Uh, this is in the development opportunities section of
the Riverfront Crossings plan. Uh, the plan states that the development
opportunities identified are conceptual in nature. Like their predecessors in
previous planning efforts, their value is to identify visions and ideas for specific
areas. Successful visions will endure, but details will change and evolve as
projects are implemented. The plan is simply a vision highlighting certain areas.
The decision to redevelop is ultimately up to the property owner. If these, uh,
properties are designated, uh, as, uh... landmark ... historic landmark properties, it
does make them eligible, uh, for transfer of development rights through the
Riverfront Crossings form based code. Uh, and also makes them eliv... eligible
for certain, uh, exceptions from zoning regulations through the Board of
Adjustment. Uh, in summary ... uh, the Riverfront Crossings plan does identify
preservation of these structures as a goal, and does recommend that density
bonuses be granted for their preservation. Uh, while it is a goal, uh, in this case
the property owner has not sought a density bonus, has not sought transfer of
development rights, uh, and has read ... uh, has requested, uh... or excuse me! Is
opposed to the requested rezoning action, uh, for their preservation. (both
talking)
Hayek: Any questions for John (both talking)
Yapp: Be glad to take any questions.
Throgmorton: Uh, I'd like to ask a couple. Um, how ... how is the property currently zoned?
Yapp: I believe (both talking)
Throgmorton: What is its current zoning?
Yapp: I... Jim!
Throgmorton: You showed a map just a second ago.
Yapp: I believe it is Community Commercial... it is! Community Commercial, CC -2.
Throgmorton: Yeah, and although it's not the subject of this, tonight's meeting, what did the
property ... the land owner, or ... the developer, ask... initially ask to have it rezoned
to?
Yapp: Last fall, uh, the request for ... was for a rezoning from Community Commercial
to, uh, Riverfront Crossings' Central Crossings zone, which is a Riverfront
Crossings zone.
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Throgmorton: So like RFCCX, just for abbreviation, right?
Yapp: Correct, yes.
Throgmorton: Okay. Uh, one other question, the transfer of development rights, am I correct in
understanding that that ... that particular development right could be sold to some
other land owner in the Riverfront Crossings district, if the land owner, you know,
if the property was ... made into an historic... landmark, and the property owner
wanted to sell the development right. Am I correct in understanding that that
right could be sold to some other land owner in the district?
Yapp: Yes, if the property were ... were rezoned to (both talking)
Throgmorton: Yeah, yeah, right. (both talking) Great, thanks!
Hayek: Other questions for John? Okay. Um, and let me ... we're ... we're about to get
into community input here, but I ... I do want to lay out how this will go. This is a
public hearing and we will take, uh, input from the community, uh, in short order
here. I do want to clarify something with, um, with Eleanor and ... and ... and for
the public's benefit. Uh, with rezonings, we have a recommendation from the
Planning and Zoning Commission, and what we do at the end of public hearings,
um, the ... that bring rezoning issues, uh, to ... to the Council is we take the
Council's temperature and if, um, if the Council is disinclined to go with the
recommendation of the Planning and Zoning Commission, then we ... uh, entertain
a vote to, uh, continue the public hearing, not close it, but continue it to the next
meeting. Uh, because we're, uh, and ... and defer first consideration, which would
be the voting part of this agenda item, to the next meeting to allow us to conduct,
uh, a ... a consultation with the Planning and Zoning Commission, which is
required, I believe, by State law and Iowa City...
Dilkes: By City code.
Hayek: By City code.
Dilkes: Not State code.
Hayek: Okay. Now, the... the... the memo says if a majority of Council is inclined not to
concur, but my understanding is that if...because we are required to have a super -
majority vote on this, that if two Members of the Council are disinclined to, um,
do the rezoning, then we ... uh, continue the public hearing, hold the consultation
with P&Z, and bring this back at the next meeting.
Dilkes: That's right.
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Hayek: Is that correct? Okay! Everybody understand that? Okay. Having said that, so
now would be the time, uh, for... for, uh, input from the public. There are a lot of
people in this room. I'm going to ask that you keep your comments to four
minutes or less, and I really encourage you to be as brief as possible, and to not
repeat what has been said before you. I assure you that the Council has seen the
voluminous communication to us, uh, through emails and letters. We've read the
minutes from Planning and Zoning, Historic Preservation, etc. New information
that you can bring to our attention is the most helpful thing to us.
Elliott: My first comment is you need a new pen! (laughter) Uh, second is that, uh, I
thought it was neat, the two students getting the award tonight. Uh, I think I need
to point out that never in my school days did I ever receive any award for
anything (laughter) so I don't know what that (both talking)
Hayek: Could you give us your name for the record, sir?
Elliott: My name for the record is Bob Elliott. And, uh, I've ... I've lived in Iowa City for
about 50 years, and I am often both surprised and somewhat disappointed at how
readily some people are willing to take away property rights from others... for
what occur to me often very questionable reasons, and I wanted to mention the
structures on Dubuque Street. I'm one of the few people in Iowa City who's old
enough to have used that train station to get on and off a railroad. I was living in
Chicago at the time, and during second World War I made at least two trips on the
train, so that station I think is a legitimate historic situation. Those two structures
that are the center of the controversy, uh, it seems very... slight that they have
such significant value as to warrant taking away the owner's property rights.
And, uh, I simply would like to say that I'm one of those who is opposed to the
historic preservation. I think they are slightly perhaps historic, but not certainly
significant enough to warrant taking away someone's property rights for that
property. If somebody wants to look at some property and connect it with the
railroad, I would say one railroad was the underground railroad, and the AME
Church on Governor is one of those that I think has the original structure has been
preserved, and I'm very thankful for that. That is a very meaningful historic
property. These structures, called cottages, I think are not. Thanks for your time,
Mr. Mayor, Members of the Council, and staff.
Hayek: Thank you for your comments.
Cole: Good evening. My name is Rockne Cole, and I reside at 1607 E. Court Street.
I'm here tonight because I represent Will Ingles and Susan Hultman, who are
currently tenants of 608 and 610 S. Dubuque Street. Fortunately there are several
historic preservation experts here to speak tonight who will address the historic
nature of these properties, but one thing I want to make clear on behalf of the
tenants. The tenants are not, and I emphasize `not' opposed to redevelopment of
these particular properties. I commend this Council. Um, a little more than a
couple months ago, this Council balanced historic preservation and saved one of
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our more cherished buildings in the Tate Arms building and at the same time
worked as a partner with the developer to allow a robust development of that
parcel. And I ask this Council to embrace that model. Indeed that is the precise
balance that our Comprehensive Plan calls for... at page 69, and I encourage you
to read that verbatim. Because it is true that the property owner has his property
rights, but he takes subject to the Comprehensive Plan. Um, I indicated I live on
1607 E. Court Street. I own that property. But that doesn't mean I can put up a 7 -
Eleven up there. I have to operate according to the zoning restrictions that I took
the property to. Secondly, you will hear extensive reports tonight about the
structural engineering report, um, that will be presented on behalf of Mr. Pacha. I
think for tonight's purposes this ... this Council should place no weight on that.
Um, the City Attorney in this matter has said repeatedly that the City staff does
not have the, uh, the skills to determine which report to rely upon, whether it's
Miss Dugan's report or Mr. Pacha's expert. So for purposes of tonight's hearing,
this ... this body should place no weight on that. And finally, let's ... we can do...
achieve both at the same time, which is robust economic growth, with historic
preservation, and this Council needs to look no further than what it already has
done about three blocks to the south of these prop ... these cottages. Thank you
very much.
Hayek: Thank you for your comments.
Swaim: Hi, my name ... is Ginalie Swaim. I chair the Historic Preservation Commission.
And 22 years ago three modest brick cottages on south Dubuque first appeared on
the City Council's radar. Little was known about their past but it seems they had
always been there. They were in good condition. Possessed goo... possessed
character, still served useful purposes, and were obviously quite old and hence the
City Council's 1992 near-southside redevelopment plan listed them as `to be
considered for preservation' and already strategized that transferring development
rights could save them as whether... as well as other historic buildings in the area.
Now fast forward to 20...2009, and the start of the... Comprehensive Plan update.
The City Council encouraged the public to participate and we did, through public
meetings and workshops to create the best possible vision for our future. In 2013,
the Riverfront Crossings master plan, a special section singled out those cottages
as `unique, 19th century buildings' with density bonuses listed as a way to protect
them. We now know the cottages were built between 1867 and 72, in a very early
working class neighborhood that quickly emerged south of downtown as the
arrival of the railroad sparked a doubling of the town's population. For teamsters,
blacksmith... blacksmiths, carpenters, laborers, widows, retired farmers this
neighborhood and the cottages provided affordable housing and what turned out
to be sustainable housing since they're 140 years old. They aren't Victorians that
are ornate or impressive churches and mass public buildings or stylish bungalows.
Rather they are housing for mid -19th century wage earners and their families,
which is why the State Historical Society calls them `an important and rare type
of building that has not survived in other cities.' So why do we have to be like
other cities? Why can't our worker cottages be saved to co -exist in... in an area
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primed for a revival. Why can't we remind ourselves that diversity brings
vibrancy, even a diversity of building types. That this symbiosis can serve
developers, attract young people, and preserve Iowa City's intriguing character.
Why can't we seize this daffy and do something exceptional? Some have
mislabeled our work as l It hour tactics meant to block development, but my
response is, first, there's nothing 11th hour way back in 92 when the City Council
itself recognized the cottages. Nor in 2013 when the City again reached the same
conclusion. And when a decision was made to demolish ha... Sabin School the
City agreed identifying and protecting the area's remaining historic districts was
crucial, and hence entered into an agreement with FEMA and the University to
conc... conduct a detailed study of the area. Second, preservation -minded citizens
are often forced to work at the 11th hour when word first services... surfaces of
applications for rezoning and demolition. Old Brick, Carnegie Library, Jefferson
Street, and now the historic Tate Arms — all were saved that way. Many roads
lead to a town's growth. Harnessing our economic resources is one road, but so is
drawing on our cultural resources like arts festivals, ethnic diversity, book
readings, and historic buildings. Both roads can end up as economic success. We
are extremely lucky these three cottage ... two cottages still stand. Each measures
a mere 20 by 30 -feet, but their potential is far larger. Historian Marlin Ingles
writes that the cottages are "among the last remnants of a one ... once dynamic
neighborhood.' Riverfront Crossings will again be a dynamic, successful
neighborhood and there is no doubt that the brick cottages are key to that success.
Thank you.
Hayek: Thank you for your comments.
Trimble: Hello, I'm Alicia Trimble. I'm the Executive Director of Friends of Historic
Preservation. The last two remaining cottages on south Dubuque Street are some
of the last remaining working class cottages in one of Iowa City's first working
class neighborhoods. Although this... although we as a city have taken time to
save mansions and grand old houses of Summit Street, Woodlawn, and the
northside, we like most of those in the United States have failed to recognize and
honor those who built our city — the laborers. In fact the architectural style of the
cottages used to be fairly common in the Midwest. However, one of the reasons
the State Historical Society, or excuse me, the State Preservation Office is
recommending that the cottages be preserved as landmarks is because they are an
incredibly rare type of architecture today. Like the cottage at 614 S. Dubuq...
Dubuque Street razed just a couple of weeks ago, much evidence of a working
class housing has been erased from our history. According to architectural
historian Richard Carlson, these cottages were most likely built as rental housing
by Charles H. Berryhill who (mumbled) what would become Iowa City in 1838.
One year before Chauncey Swan plotted Iowa City. Berryhill was the first dry
goods salesman in Iowa City proper, in -land speculator, and held both city and
county elected positions. He was a founder of Iowa City and built the rental
housing as most working class housing was in Iowa City's new railroad district.
The railroad district profoundly shaped what Iowa City was to become, and for
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five years Iowa City was the end of the railroad and the beginning of the west.
These cottages are some of the last remaining pieces of that railroad district. With
this information and much more, everybody in the state of Iowa which recognizes
the importance of historic structures has recognized the cottages as historically
significant, including the State Historic Preservation Office, who makes the recom
...who makes recommendations to the National Trust for Historic Preservation,
Preservation Iowa who just yesterday named the cottages as one of the most
endangered sites in Iowa, Friends of Historic Preservation, the Iowa City Historic
Preservation Commission, and the Iowa City Planning and Zoning Commission.
The last three bodies voted unanimously to support landmark status. These are
the criteria the Iowa City Historic Preservation Commission based their ... based
their unanimous mis... decision upon. These cottages are significant to Iowa City
history and culture. They have strong integrity of location, settings, and material
and workmanship. The cottages so ... show significant patterns of Iowa City
history. And are associated with significant persons in Iowa City's past. The
State Historic Preservation Office as I mentioned also said they're architecturally
significant because they are rare. As Ginalie mentioned... Historic Preservation
Commission has been working hard on getting the cottages surveyed for the last
few years. As part of this, the City Council approved a survey which just kicked
off on December 18th, just over a month ago, after three years of planning.
However, one of the achievements that has the greatest potential is a transfer of
development rights that are available in the Riverfront Crossings plan. These are
the same incentives approved for the Tate Arms house at the last Council meeting.
Unlike the current situation when the developers of 914 S. Dubuque Street sought
to develop prop ... the property three blocks down the street, they were told that
the Riverfront Crossings plan called for preservation of the Tate Arms as a goal,
and they couldn't just demolish the property. Instead the City recommended that
they contact Friends of Historic Preservation so that we could help them submit a
local landmark application and this way they could receive transfer of
development rights. This means that if the owner of Tate Arms saved their lot of
7,000 square feet, in return they would receive 28,000 square feet of flooring
space for the adjoining building, another property in the air ... area, or they could
sell the trans ... could sell the transfer of development rights to another developer.
In this case, they have chosen to add an additional floor and sell the three other
floors worth of square footage to another developer. In the case of the cottages
this would make even more sense. Since the proposed development does not take
up the entire block, the developer could save the cottages, change the outline of
the building, which is ... was the first suggestion for the building was here in blue.
The cottages are represented by the lines in red. And they can still save ... they
(laughs) could still receive four times the amount of space for the cottages saved.
This seems like a very sound financial decision.
Hayek: Miss Trimble, you'll have to wrap up.
Trimble: Okay!
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Hayek: You're at four minutes.
Trimble: As you can see, the cottages take up so little space they can fit in the divot of the
proposed building in the back. Iowa City's a great place. Most of us who live in
the ... live in the city because it is not one of our suburban neighbors. Those who
choose our city choose the city that ... do not do so cause it's the most affordable
city in the area. We've chosen to live in Iowa City for its historic neighborhoods,
as well as its stunning new development. I ask that you support the majority of
Iowa City citizens and make this a local landmark. Thank you!
Hayek: Thank you for your comments.
Nyren: Hi, my name is Judy Nyren. I'm a resident of Iowa City for almost 40 years, and
I live at 1219 Ginter Avenue. The last time I addressed the City Council was in
the early 90s, uh, when we were trying to, uh, save Ardeania from demolition.
(clears throat) I am an active community volunteer. I'm a part-time teacher and a
full-time volunteer. Uh, and I work with Lucas Farms neighborhood and also
with Friends of Historic Preservation, as a lead volunteer of the Doors of
Christmas Past. I had the privilege of meeting your parents a few years ago, um,
Mayor Hayek, um, and had a nice discussion with them as they kind of walked
down memory lane at that event, and I would also encourage you, you still have
time to get out there. It closes January 31St. I too would encourage the Council to
make a wise decision on designating the remaining cottages as local landmarks.
You would be giving a gift to future generations. As a long-time resident of Iowa
City, one of the things I love the most is its rich and intriguing history. Each
generation should be charged with passing this history on to the next. One of the
easiest ways to do this is through architecture. Not architecture that exists only in
fading photographs, but architecture that is visible, tangible, and approachable.
When a person can see the size and scale of a building, the simplicity or the
ornateness of it, it teaches people much about the way others lived and worked
there. Architecture is a window to history. I referred to these three buildings as
the `triplets,' standing alongside one another, obviously from a different era in
time, the repu... the repetition of their simple shape and design, only heighten
their visual impact and it demonstrated the strength, the design principle of threes.
I was disappointed when I first heard the buildings were at risk, because as a
property owner, uh, we have Veterinary Associates at 330 Third Street off south
Gilbert Street, we were included and invited into some of those early meetings
when the Riverfront Crossings plans were unfolded and our building was ... no
longer existed in those (laughs) plans. It was kind of humorous to us. That's one
that we'd probably give the per ... give the City permission to ... to tear down when
that time comes. But, uh, in those meetings it was addressed by some of the ... the
attendees that, um, the cottages, it was addressed that, um, there was some
concern about that, and I distinctly remember City staff, uh, replying that those
buildings were going to be prioritized as being saved. I also understand that not
every building can be saved and I have a respect for the rights of property owners,
but in some exceptions we need a guardian at the gate, watching over our city and
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protecting its resources for all of our greater good. In this case I challenge the
Council to do what is right and good for our city's distinguished history. Please
save the cottages. We don't know what we have until it's gone!
Hayek: Thank you for your comments.
Blair: My name is Erica Blair. And I've lived in Iowa City for nearly seven years. I'm
25 -years -old and I'm at a point in my life like the rest of my generation where I'm
searching for a place to live and settle down. So I'm here today to tell you what
I'm looking for and what my generation is looking for in a city. My generation
doesn't want to drive cars. We'd rather bike to work and walk to the grocery
store. My generation is deeply concerned about the environment. We recognize
that we're going to live with the consequences of dwindling resources and
pollution and contamination. My generation wants local food and local business.
My generation wants to live in neighborhoods that have character and authenticity
and community connections. And this isn't just me making assumptions that
everyone my age feels the same way that I do. A lot of expensive research has
been conducted about my generation. Twitter, for example, didn't just randomly
decide that they'd be based in a historic building and historic neighborhood in San
Francisco. They did their research. And less than a year ago, Forbes magazine
conducted a study that listed the top 25 neighborhoods for people in their 20s and
30s. Number 25, which was the newest neighborhood on the list, uh, was from
1920, and the other top ... top 24 ranged from 100 to 400 years old. Other studies
have shown that blocks with a mix of historic buildings have greater cell phone
activity on Friday nig ... Friday nights and this indicates that this is where young
people, like me, want to hang out. Mixed-use commercial areas with older,
smaller buildings have greater population density, and more businesses than
mixed-use commercial areas with larger, newer buildings. These neighborhoods
have more creative jobs per square foot. They have higher walk scores and transit
scores than neighborhoods with mostly newer, larger buildings. So the research is
out there. And if you want to attract and maintain people of my generation, we
have to do our research and start promoting these things. Tearing down the
cottages would do the exact opposite. And another point that I want to make
tonight is that we're talking about buildings that are 150 years old and tell a
history that is unique to Iowa City, a history that has been largely erased from the
built environment, and I think we need to do whatever we can to protect and
preserve them, and that is why I'm so grateful for this process. This process
exists because no single person owns history. It belongs to all of us, collectively,
and we have a right to decide what happens to it. When the community helped
write the Comprehensive Plan, we said that we wanted the cottages to be
preserved. So I'm asking you tonight to listen to the community, to see these
historic structures as assets to the future of Iowa City, and to designate them as
local landmarks. Thank you.
Hayek: Thank you for your comments.
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Cummins: Hi, I'm Laurie Cummins and I just wanted to say I'm 55 years old and I want
what she wants! (laughter)
Hayek: Thank you for your comment!
Michaud: Hi, I'm Pam Michaud. I live at 109 S. Johnson. And I'm just going to reiterate,
uh, briefly that, uh, these properties were designated worthy of preservation in
1992, and uh, the updated plan in 2014 just like six months ago, uh... uh, Ted
Pacha purchased the property in 1996. That's four years after they were
designated worthy of preservation. So, as, um ... a commercial property investor,
it seems that he would of investigated this and been aware that he had, uh, larger
responsibilities to the community. Thank you.
Hayek: Thank you for your comments.
Sieck: My name is Kyle Sieck. I've lived in Iowa City for approximately 10 years. I
live at 619 Dearborn. Uh, I'm a small business owner and I went to school here
and stuck around cause I like the city, I like the character, and I've been looking
to grow my business but it's ... just speaking personally, it's been very difficult to
find an affordable space to operate in and I hate to see these small structures go
away and lose a few more businesses. These old historic buildings give a lot of
entrepreneurial, uh, ability to small business owners with a less budget and I've
see ... I feel that the way the city's growing so fast with expensive, uh, mixed-use
buildings, retail spaces are just not affordable. So just speaking my perspective,
I'd like to make sure we think of the little ... of the little guys trying to invest in
this community but not feeling like they have access to. Thank you.
Hayek: Thank you for your comments.
Frey: Good evening. My name is Kirsten Frey, and I'm an attorney here in Iowa City,
and I'm speaking tonight on behalf a group ... of a group of local developers and
builders. This group is responsible in part for the visualization and actualization
of the development of our neighborhoods, both residential and commercial. And
there's a growing concern about the manner in which a small special interest
group is using a municipal process, not as a shield to protect buildings of truly...
that are truly historically significant, but instead as a sword to delay or thwart
potential redevelopment of the area, at the expense of a private property owner.
There's great amount of debate about whether these, uh, properties at 610 and 608
S. Dubuque Street have been raised as, uh, historically significant over the course
of time and ... and when Mr. Pacha should or should not have known that they
were, uh, potentially historically significant. Regardless of that debate or the
outcome of that debate, it is indisputable that the property owner was not
contacted by the Friends of Historic Preservation until after he had submitted a
proposed... redevelopment to the area, until after he had spent tens of thousands of
dollars in connection with their proposed redevelopment of the area, and this is
the second time that has occurred. Much has been made of the Tate Arms
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property and the ability to designate that as a historic landmark, and again, that
property was for sale for many years, and it was not until after it was sold to
someone with redevelopment potential in mind that the historic preservation of
that property was raised. Second, there seems to be a continuing trend to blur the
lines between the designation of these properties as historical ... uh, historically
significant and the protection of small businesses located within them. Those
two, uh, interests are not necessarily the same. When a property has a historic
landmark designation, it imposes on the land owner an affirmative obligation to
maintain that property, to preserve the structure against decay, and deterioration.
In other words, the designation as a historical landmark imposes an affirmative
obligation, uh, on that land owner that other property owners do not have. Those
maintenance obligations may be significant, both in terms of their nature and their
cost. So if a property owner is required to spend significant amounts of money to
maintain a property in accordance with that historic landmark designation, that
property is like ... property owner is likely to be forced to increase the rents for
those properties in order to make the property financially viable. Therefore,
whether or not, uh, the ... tenant can currently afford to ... to be in those properties,
it does not necessarily mean that the tenant will continue to maintain in those
properties. It should be clear that the interest of the tenants are not necessarily
going to be preserved or protected by granting historic preservation landmark
status to these properties. Therefore, the decision should be made as to whether
or not these properties constitute historic las ... landmark without the -reference to
the desire to protect the tenant and small businesses. It's also sif... significant to
note that the designation of these properties as a historical landmark would ... it
would pose a significant economic hardship on the property owner, in the name of
serving public interest, without bestowing on the property owner any benefit at all
from the designation. The argument in favor of designation for these properties
rests on the foundation that it is in public interest to require preservation. Yet the
public is not being asked to pay for it. There is absolutely no denying that the
property owner's property is worth less if historic landmark status is forced upon
him. The property would not be redevelopable as the exterior ex ... appearance of
the building would be required to be maintained unchanged. The buildings
actually occupy a very small portion of the lots upon which they're constructed,
and the proposed construction of any additional buildings on that lot would
require conformance and approval of the Historic Preservation Commission.
Hayek: Miss Frey, we'll need you to wrap up. You're at four minutes.
Frey: Okay! It is ... it is certainly true that historic preservation is important and that it is
in the public interest. However, historic preservation shouldn't be utilized to
pre ... pursue arterial motives. Ordinary property should not be subjected to
historical landmark status simply because they're old. Not every aged building is
individually significant. Therefore I would urge this Council to de ... vote no.
Thank you.
Hayek: Thank you.
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Beck: My name is Phil Beck. Um, I've been a resident of Iowa City for ... 40 years or
more. I'd like to talk about something, uh, a little bit different. Um ... first I want
to show you a book ... I'm holding in my hand. This book is called the
"Actualist's Anthology." It was edited by Morty Sklar and Darrell Gray and
published by The Spirit That Moves Us Press back in 1977 here in Iowa City. It
includes a number of poems by the late Jim Mullock, who owned Jim's Used
Books, um, for many years in the 1970s, 1980s. It was located at the, uh, 610
cottage, where Susie's Antiques is now, and, um, it's a slight book, but you can
buy it on Amazon. It's widely available. The reason this is, uh, important to talk
about, I think, is because it hasn't been talked about much at all. This is, uh, the
actualist's, uh, poetic movement, was a literary movement that was original to
Iowa City. It started here in Iowa City by poets, uh, some of whom had been in
the Workshop, or some of whom, uh, were not, and were reacting against the, uh,
Writer's Workshop. It was a ... a very unique, uh... uh, literary movement. It
started in 1973 and it spread, um, throughout the country, up into Minneapolis and
out to San Francisco. Um, this, uh, we all know that Iowa City is a ... a, has a
glittering literary pedigree. This is the home of the Writer's Workshop. It's a
UNESCO City of Literature. I'd like to read, uh... a brief paragraph from
something written by Niles Sylvan. The cottages are important to our City of
Literature's history. They have housed bookshops for most of the last 50 years,
including the one that was a scene for Iowa City's own literary movement, the
Actualist Movement. Jim's Used Books and Records was where Morty Sklar,
Alan and Cinda Combloom, Dave Morese, Chuck Miller, Darrell Gray, and other
poets and publishers created `Actualism.' A movement described in a recent
tribute to Alan Cornbro... Combloom in the Press -Citizen as `democratizing and
egalitarian.' That Combloom and his fellow Actualists read, published, and sold
books in these cottages makes them important literary heritage sites in our
UNESCO City of Literature. Like, urn ... like ... a lot of the people here have
spoken tonight, I ... I feel that the ... the age of the cottages, uh, the fact that they're
150 years old, and that they date back to an early period in Iowa City history, and
represent working class, uh, housing, are reason enough, uh, to award them...
landmark status. But the fact that they're connected with Iowa City's very own...
literary movement, original literary movement, uh, adds a... an important layer to
that historical significance. I mean this is something that took place within most
of our lifetimes. So it is ... a connection, the cottage has a connection and connects
us to an important part of Iowa City's literary and cultural history. It's not, um...
it's not something that gets talked about enough, I don't believe, but it is
something that needs to be preserved because of Iowa City's status in the world as
a ... as a City of Literature. Thank you.
Hayek: Thank you for your comments.
Rosenbaum: Hi. Oops, is that better? My name's Rebecca Rosenbaum. I live on the east side
of Iowa City. I don't know the gentleman who spoke before me, but he seemed a
good act to follow because I too ... want while affirming the extreme
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his... historical importance of the age of the cottages. Also want to second what
was just said about the importance of the Actualist movement. I've lived in this
town three separate times. I first moved here of a cold January about 38 years ago
to take a job at a women's health clinic. I didn't have friends, but I could read
and back then, before the internet, there would be posters and there were really
beautiful posters on lots of bulletin boards telling me about a poetry reading, and I
went to it, and that's where I met my first friends in this town, Alan and Cinda
Cornbloom. He, a blessed memory, recently deceased and memorialized just this
past weekend in the Twin Cities. We will be having an Iowa City memorial, uh,
two weeks from last night, and some books like the one that the gentleman before
me just held will in coordination with that be on display, under glass, this week
and next at the Iowa City Public Library. Also on display will be the Library's
entire collection of Coffee House Press books, the press founded by Alan, who
moved to the Twin Cities because it was more amenable to a person seeking an
affordable literary life. As he says in ... an interview that is beautiful and you can
hear if you follow the right links on Facebook, `Cinda, they want us there.' He
was driven from this town by urban renewal, which stole their home, and that's
why they moved to West Branch. Now, this might be all pale compared to the
Civil War and the train, but I see it all of a piece, because the Civil War ended in
1965. I'm sorry, 1865! A hundred years later, it's the blink of an eye! I'm more
than a half a century old. Maybe some of you are too! The older we get, the
more we see that decades are nothing. We know people. We heard someone
speak who took that train. If you take the cottages away, I don't see any reason to
get off that train and take a walk around the block. What for? I think that all
three cottages should be preserved, including the heap of rubble that was
stealthily destroyed in the wee hours, right after it was pref...prepar... declared
historic, and that every one of those historic books, uh, bricks should be built into
something beautiful, perhaps a terraced garden with a brick path, a place for
people to wander, with historic plaques. I think the Longfellow District has ... area
has done a great job of putting up plaques that you can see what was here, but I
trust more than anyone, Professor Throgmorton in his studies to know what
seeing history does to your mind, to know that the world is not only the ugliness
that we have allowed to grow around us, around us, within a few blocks, so much
that's beautiful has been destroyed. I'm running out of reasons to live in this
town. Alan left! He's dead. Jim moved to Cedar Rapids because he couldn't
stand it here anymore. Morty's alive and well in New York. He moved back
there to take care of his mother. The cottages are culturally important. More than
a Riverfront Crossings district you have a railroad district. The time will come
when people will wake up and realize the interstate highway is unsustainable. We
need the railroads. When people get off the train they need a bookstore to go to.
And Will, instead of being harassed with this nonsense, should be given an
incredible award for the brilliant design he has inside of his bookstore. Please go
and tour it. He has put together shelves that make me want to go home and not
(mumbled) collection but hire him to show how much you can foo ... put in a small
space. They are an example of living small! They are an example of what our
out -of -control growth -crazy, hoggish, guzzling economy needs to look at.
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Hayek: (both talking) ...have to finish (both talking)
Rosenbaum: ...let me wrap it up. I'm no good (both talking)
Hayek: You need to ... you need to finish up.
Rosenbaum: I will, okay, I'll be a good girl. Anyway, please consider also, we need a moat
around what's history. I want to see a garden where the third cottage was. I want
to see no big, ugly monstrosity swallowing the cottages up. I want to see beauty
in the alley. You've stolen from ... so ... so much for ... from us.
Hayek: (both talking) ...you're way over your time.
Rosenbaum: Thank you very much! Happy Martin Luther King plus one day!
Hayek: (unable to hear person speaking away from mic) You know you could fill out a
sticker in the back, if you want.
Jacobs: Good evening, uh, Jim Jacobs with, uh, VJ Engineering, structural engineer. How
do I get back to the, uh... desk top on this, uh, Marian?
Throgmorton: John'll help.
Jacobs: Okay, as I've demonstrated before, uh, the bricks on ... on the two remaining
buildings are in extremely poor condition. Uh, you can see in this, uh, slide the,
uh, width ... of, uh... (mumbled) Okay, you can see that the ... these joints have
been repaired, uh, because the width is ... is so much wider, but the original
brick ... now I just ... want to go forward for me, John. (both talking) Oh, okay!
Thank you. Yep, thanks. Uh, you can see here this brick I removed, uh, with a
very small hand tool in a matter of, uh, less than a minute because the mortar is
completely powder. All the original mortar ... the original bricks are ... are
completely, uh, disintegrating because they're a soft -style brick and ... and the
water and freeze -thaw cycles over the years has deteriorated those bricks. You
can see the, uh, powder that ... that is the original mortar of these buildings.
The ... the main, uh, so the main building blocks and the, uh, mortar that holds
these altogether is disintegrated. Uh, the walls themselves are bowing outward.
You can see the bowing. You can see the top, as this pipe comes down, you can
see how the ... the wall bows outward. Again the ... the cracks and bowing that
are ... that, uh, the settlement on the rear is ... is extenuating the cracking and the
... severe deterioration of the brick is obvious. Cracking. This is a brick that's
been replaced in here. Again, the bowing, you can see the large bow in this area
here, and this is, uh, 608 building. The, uh, trellis work that's been placed to hold
the ... the wall of 610, up ... large cracks that ... that are occurring here. This trellis
is the only thing that ... that protects that corner from falling in. This is the state of
those walls. They're bowed. Additional weight on ... on the structure from snow
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and ice could easily cause the ... the wall to blow out. Also wind loads on these
walls is going to, uh, create additional stress that could cause the ... the, uh,
collapse of `em. The, uh, mortar and brick itself is in extremely poor condition as
you've seen from the slides. So these ... these walls are in danger of collapse. I
stand by my original assertion that the ... the buildings are dangerous to occupants
and ban... bystanders. I have reviewed the report, uh, from Morningstar and ... and
do not agree with the, uh, conclusions reached in that report. I think these
buildings are dangerous and ... and uh, should be removed. Thank you.
Hayek: Thank you for your comments.
Thomas: Good evening, Distinguished Members of the Council. I appreciate the
opportunity to speak with you this evening, or in front of you and all ... everyone
in the audience as well. Um ... my name is Blaine Thomas. Many of you know
and can recognize me. I am Blue Sky Developers, Inc., of Iowa. I have
participated in many projects, um, in Iowa City, Coralville, North Liberty, um,
and surrounding communities. While oftentimes not popular, um, development,
urn ... is something that does happen. We have ... the City of Iowa City has
developed its plan, and ... what's hard for me and what I'd like to address is that
I'm looking at a project currently in the Riverfront Crossings area and ... by the
time I have this entire thing assembled and have spent the time of City staff,
Planning and Zoning and things like this, um, and tens of thousands of dollars,
which was ... which was addressed earlier, um, and everybody likes the plan and
it's approved and we're ready to go, and ... urn ... comes time for public opinion to
rule that my project that I've worked very hard to put together and spent a lot of
my money on and a lot of other people's time on is going to be ... discovered to be
not viable at the last minute. Um, there are many people in this room tonight and
everybody's opinion is welcome and I'm very, very happy that we each have the
right to exercise free speech; however, there are a lot of people that are not here
tonight of the 71,000 plus or minus, um, citizens of the great City of Iowa City
who are not here sharing their opinion, um, either because they don't wish to be
here or because they don't want to take the time to do it, or because they don't
feel strongly about the issue. But developers like me, there's not many of them
that come in front of you anymore. So when you give us the rule book, and we've
had all the opportunities to actually make them historic, to actually put them on
the preservation list, which has not been done to this point, and then a deal is
assembled that benefits our community, and then it's stopped. It is at the 11th
hour, I am sorry to say that it is because from ... from my vantage point, it feels
like it (mumbled) ... it concerns me for how I will move forward with the City
because I love this town! Iowa City's great and I look forward to being a key
developer in our community. So I ask that, um ... that you uphold the rights of the
property owner and urn ... if...if...if the site was historic, I'm sorry that it was not
designated as so, um, before this process took place. Thank you.
Hayek: Thank you for your comments.
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VanDyke: I was born in 1966. Julie VanDyke. Um, I went to ... the, um, rounded building
that's over there ... with my dad when I was little, um, when it was the Co -Op.
When they didn't sell meat (laughs) Um, I'm old enough to remember urban
renewal, and I know what we have over here. And ... you can't give it away to
some degree, until the University wanted it, you know? And things were lost
and ... and you know I've watched one building after another here get replaced
with one more brick building that looks almost the same. And it's all gone. And
you know at a time when poverty and when middle class is disappearing and
we're ever more with haves and have nots, and I watch more and more money
funnel out of the, you know, the municipalities to develop. They don't seem to
have any shortage of developers that want to develop (laughs) and they certainly
don't have any shortage of ones that want TIF, and so much is taken away from
those of us that don't have much in the first place, and I would like to see these
preserved. Um, they're right about the bookstores. I remember going to these
places and you know, it's not quite as organized as I usually am but, uh, you
know, there's not much left out there that ... that does represent really working
class people. And Tate Arms was actually what I would call as I understand it the
original black dorm because, you know, we have our plaque up here saying that
we were the first to admit, well, we didn't admit them into the dorms. You know,
that whole area there is so gorgeous with those buildings. If all of that was
preserved, `it could actually benefit and bring a whole different crowd to the
development that does happen around there. And I would encourage you to
consider that because once it's gone it's gone! Oh, there's buildings I miss! I
lived on Johnson Street, um, in what? 1978. So I remember all of the beautiful
buildings along there. I remember so many things that are lost. Please don't take
these away, you know, TIF takes away so much from all of us, um, that are not
haves. It would nice ... it would be really nice to see, um, something given back,
and it sounds to me like, uh, there's actually a situation where he could benefit
significantly from this ... this thing that would give him, you know, a large amount
of space, basically a trade. You know, I think everybody can be happy in here
and this can be win-win, and last, and I'll say this with a smile, because ... I think
I'm lucky too, but I'll tell ya, we're lucky Harry Epstein's dead and not here to
talk to you right now (laughter)
Hayek: Thank you for the comments.
Pacha: My name is Ted Pacha. I'm the property owner. And, uh... I respect your four
minutes, Mr. Mayor. Four months and four days, and ... I got four minutes to
recap what I've been through. Um, I'll skip to the salient points. Uh, I've been to
three City Council meetings, three Planning and Zoning meetings, and one
Preservation Commission meeting, and ... uh, just a couple notes. You know, the
Friends have ... gone on a mission and been quite successful and ... the bottom line
is the ... the last P&Z meeting where they were trying to rezone my property
without my permission and the Preservation Committee... meeting, Commission
meeting, there were questionable, erroneous, if not false claims and that's what
those votes were based on and that's so disconcerting to me. They claim that the
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Riverfront Crossing buildings had to stay. The plan clearly states — vision/goal,
not a requirement, as Mr. Yapp just mentioned. They said the old buildings were
mentioned in the near southside, uh, plan. I have the 1995, October 1995 plan.
There is nothing in there about those buildings, other than, uh, some discussion
about streetscape. They indicated errors in the presentation to the Preservation
Commission. They were in the wrong block. They had some wrong names. And
so forth. So my son, when he was still back from grad school here, called one of
the members of the Commission and said, `Do you think you need to rediscuss
this or revote, what ... naw, naw, it's historic!' Click! It's just appalling! The
December 18th P&Z meeting, where the Friends wanted to rezone my properties.
Miss Martin, one of the Commission members, when they closed it from the
public said when they were talking amongst them ... on their vote, she was very,
very concerned. Her exact words from the minutes, she felt `very uncomfortable
about the process, the trespassing, my no knowledge of those people going on my
property to do the second study,' and so forth, and she was gently reminded,
sounds so familiar ... the last four months to me, `That is not what we're voting on,
Phoebe. We're voting on the historic.' This is not right! At that same P&Z
meeting, I'll use the word `zealot' as Bob Hibbs put in his newspaper letter to the
editor, came up and rudely stated that she did not care about the property owner's
rights. Period. That I should have known 30 years ago when I bought those
buildings that they were historic. Well, I have the historic... Iowa City Historic
Preservation Plan dated February of 2008. Not one word about those buildings.
Now that's six years ago. Nearly seven, okay? Then all these people are
throwing out these dates, in 1993, in 1996. In 2008 there was no mention. It
says, `This addition of the Historic Preservation Plan presented to the City
Council when, uh, Regenia Bailey was Mayor, says this will provide a road map
for preservation, policies and activities for the next 10 to 15 years.' I'm not on
the road map! Very, very disconcerting to me! As many have stated, this is not
about the properties on Dubuque Street. This is a repository for all the anger and
resentment about rezoning and redevelopment in Iowa City, and it flat out is!
And I'm right in the middle of it! I have been cited by the City for unsafe
buildings, which you've witnessed. I have been taken to court by the tenants to
get an injunction that they stay in those buildings. Their attorney is a gentleman
that's on the board of the Friends of Historic Preservation. Puzzles me a great
deal. But I'm here again to plead to the Council, to vote against this designation!
This isn't about my ... just my Dubuque Street property. This is about the property
owners in Iowa City. It flat out is. If...that can just be taken away, the way this
has gone on. These past four months have been extremely difficult for me and my
family. Healthwise ... uh ... financially, it's ... I've got almost $100,000 in this
thing! Every time in my 60 -plus years in Iowa City that this type of thing has
come up, I've watched it from afar, TV, newspapers, I'm going fast, Mr. Mayor.
Hayek: You'll have to finish. You're over four minutes at this point, Mr. Pacha.
Pacha: Every time... everybody shrugs their shoulders. That's Iowa City. I'm including
every day citiz... citizens, property owners, contractors, developers, even City
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staff! That's Iowa City! It doesn't have to be that way! Tonight we have an
opportunity to change that! And allow the property owner to do what they want
while he's still got time to do it to make things right for his family. I thank you
for your time and I have to admit that I am extremely worn out from this process.
Hayek: Thank you for your comments, sir.
Young: Hi there. Um, my name is Britta Young. Um, it's been interesting to hear from
all the people who've lived here in this town for so long, um, I'm very new. I'm
from a town in California that's mostly been plowed over by Whole Foods and
condos, um, I moved to Iowa City this summer to attend the University, and I'm
still in the process of learning the history of this place. As a student much of my
time is spent in and around areas undergoing rapid expansion. The apartment I
live in, the buildings where I go to class, and the place where I work all cater to
the lifestyle and needs of students like me. So it's been a relief whenever I find
the time to go out and see parts of the city that weren't built for me. And that
reflect a history and sense of place that fewer and fewer places in this town seem
to. When I heard a few months ago that these cottages were facing demolition, I
had only just discovered the bookshop for the first time, and I'd enjoyed spending
time there. It's troubling to me that the City would choose not to preserve these
structures that have given me and others a sense of community here, and that tell
the story of the people who built this city. As someone who does not yet have
memories here and wishes they could know a truer story of the town that runs
deeper than the currently profitable storefronts, I'm asking that you consider the
importance of these buildings to community members and grant them landmark
status. Thank you.
Hayek: Thank you for your comments.
Ruth: Good evening. My name's Tim Ruth. I represent the Greater Iowa City Area
Homebuilder's Association. I serve as the 2015 President. On Thursday, January
15th, the Board of Directors of the Greater Iowa City Area Homebuilder's
Association directed our attorney Mike Pugh to draft a letter on our behalf. This
letter was sent to each of you in the form of an email. We have closely monitored
the situation regarding the cottages on south Dubuque Street. The HBA would
like to share our support with the City Council, not naming these buildings as
historic landmarks. We are all for preserving history, but we are not in favor of
designating structures as historic landmarks merely because they are old.
Designations of these properties as landmarks and similar features... future
discussions will be negative impact on our community. The cost outweighs any
nostalgic value. The Iowa City real estate market has thrived because the
revitalization of several areas of the community. Redevelopment of this area
offers the City an opportunity to improve portions of Dubuque Street that have
received little attention, and offer great promise. These buildings have been
deemed structurally unfit for use. The scope and cost of improving these
properties would be cost prohibitive. In the end this is merely a burden to the
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current property owner. We believe that designating these properties will infringe
on the owner's legal rights. The owner has already applied for and received
necessary permits under the legal zoning. Local zoning laws. This issue has not
been ... had not been raised until recently. The properties are nowhere near any
previously designated historic districts. In summary, the Greater Iowa City Area
Homebuilder's Association does not recommend the cottages on south Dubuque
Street be designated historic landmarks. And one last comment, I've known Ted
Pacha for many years, and he's a very, very honest man. So we as the Greater
Iowa City Area Homebuilder's Association support him in this endeavor. Thank
you.
Hayek: Thank you for your comments.
Adderley: Hello, my name is Eva Adderley. I grew up here and I recently graduated from
the University of Iowa. I would just like to take a moment to address how people
keep saying that the buildings aren't necessarily historic just because they're old.
I kind of have a problem with that because I think that that implies that the lives
of the people who live in the more extravagant buildings that tend to get preserved
are inherently more important and essential to our identity than the lives of the
people who lived in smaller working class types of things. I think that's
ridiculous, because most of our ancestors were not the wealthy minority who got
to live in the fancy buildings that are beautiful and should be preserved, but most
of our ancestors lived in smaller buildings like that and I think that it's a problem
that the working class majority's history will get erased while the wealthy and
minorities lives on, and as long as I've ... can remember the cottages, and I've
lived here my whole life, I was always really captivated by them because they
seemed like diplomats of bygone days, and when I looked at them I would feel
like I was traveling back in time and it would make me like ask important
questions like what was life like back then and how has it changed, and I don't
really get that same feeling when I look at a grander building, because that makes
me think about the history of people who I don't feel that direct a connection to,
and I just think that the beauty of things that are small and modest and may be
viewed as ordinary is no less exceptional than that of things that are bigger and
belongs to an elite few. And that's all I have to say. Thank you.
Hayek: Thank you for your comments.
Hart: Hi, my name is Holly Hart, um ... I live on South Summit Street and I live in an
historical landmark. Um, I'm not sure I agree they're all they're cracked up to be,
but I ... and I'm not actually taking (laughs) a ... a position on what I think about
the cottages. I think that this ... I think this issue, urn ... feeds into something that I
wanted to ... I may be jumping the gun, but I wanted to bring up an issue that I
think is really underlying concern. For me the issue is, urn ... the type of
development and effects on housing, business, affordability, uh, that, uh, we move
forward with from here. It seems like recent developments have been somewhat
at odds with what the City claims to be the goal — affordable housing, mixed-use
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neighborhoods, mixed housing — which is not only young people but middle-
aged, old people, senior, whatever — uh, support for small businesses,
entrepreneurial efforts, women, and uh, about the economy that supports artists, I
sometimes question whether the City does understand that the reason some
people ... those of us in the arts live in historical landmarks is because we couldn't
afford anything newer. Um, not that I don't like my place. I think it's really kind
of cool, but um, the ... but there is a ... there is a concern about the ... the, um, a
grasp of what it really takes to ... for an artistic community to ... and a creative and
business communities to thrive. Um, it indicates the City would like to be mixed
housing, um, but we see some of the same types of developments showing up on
south Linn and south Gilbert Street. These big, boxy buildings with ... with really
not very business -friendly storefronts that are unoccupied by businesses. They
get their rent simply by renting to, urn ... multiple share apartments. Uh, and then
the City subsidizes the programs like UniverCity so that they can get more
diversity in the neighborhood to stabilize it. This seems to me kind of self-
defeating. Um, they get a few fixer -uppers but they don't really, uh, solve the...
the whole problem. With the south Dubuque, Riverfront Crossings, and my
concern is not just that 600 block, but the whole area which, uh, which I think,
um, has the ... uh, potential to be completely transformed into something like south
Linn or south Gilbert, which is just, um, a bunch of liquor stores. Um ... there
seems to be an area that fits the description of what the City says they want.
They're small businesses. They're owner -operated, many times. Many
are ... most are... women... many or most are women -owned. There's a variety of
businesses, some essential services. There's a lot of creativity. There are two
bookstores, a coffee shop, a local produce, uh, using or sourced, uh, restaurant,
uh... recording studio, African hair styling, music school, tailoring, gym, sports,
art, health, and more. So this is actually a ... a small business but thriving business
district. My concern ... is that the type of development we're seeing will drive
these people out. They won't be able to afford, uh, the rents, uh, that they would
have to pay in a newer developed area. They'll either be moving ... to ... they'll
move to Coralville — God help us. Um, or they'll just go out of business. My
question then ... the issue to me is economics, and economic, sustainability, and
environmental sustainability. What steps can the City take to encourage a healthy
and fair balance? Is there some way the City can create policy to preserve the
best, not necessarily buildings, but if that goes into creating an atmosphere and
affordability, what can be done? What type of natural habitat? What kind of, uh,
green space and (mumbled) terms of property rights, whose property rights?
Land, yes I agree property owner, but what about business property, goods,
services. Whose work or things are guaranteed? Who's upending a subsidized? I
would just encourage the City Council to ... to take that into consideration as you
move forward. Thank you.
Hayek: Thank you for your comments.
Pettit: My name is Joseph Pettit. I've spoken before the ... this Coun... I think I spoke
before this Council the last time this issue came up. And I'd like to offer a few
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more points of view. Maybe some ideas on how to settle this issue. I know that
Ted Pacha has ... oh, sorry. I know that Ted Pacha has, uh... has ... well has sort of
come out looking a bit worse than I think I may ... I might have seen. I did not
exactly know they'd spent tens of thousands, or was it, uh, thousand... hundred
thousand? Hundred thousand, uh, in trying to, urn ... for lack of a better word,
secure the property for his own use. My concer... my idea for helping to settle
this might be that ... well it's ... (mumbled) as Alicia Trimble's PowerPoint
indicated before that there was Preservation Iowa. There was at least one or two,
uh, state -level historic, um ... organizations. Along with the Friends of Historic
Preservation that have all, uh, mentioned that the ... that have mentioned how
significant these house ... these cottages are. I also believe that they're historically
sig... significant. I did not know that the Actualist poetry movement originated
from the 610 S. Dubuque, and as a member of the University of Iowa
undergraduate writing program, it's a greater shock that I didn't know about this
sooner. Didn't know that ... well, I do know ... did know that the Fox Head on
Market, or on ... Market Street was a haunt of Kurt Vonnegut. But I didn't know
that we had a place that was an actual founding site. Or one of the sites for a
literary movement. My ... my idea for sort of ameliorating some of the issues is
that the...it was said, there are organizations who are interested in these
properties. There are also members of those organizations who are concerned
about these properties. There was a ... was a crowdfunding, uh, campaign earlier
this, well, last year that found ... that funded the Morningstar report on the
cottages. I believe that a crowdfunding, and also funding investors, might be able
to col ... find enough people and collect enough funds to offset the losses that Ted
Pacha has incurred ... in seeking redevelopment. I don't know exactly how
feasible this is. I admit. I've ... not had much experience in ... with the world of
crowdfunding. I just hope and I wish that there are ... will be a way to, uh, solve
this ... to solve this issue for all parties involved. I would ... and I would also like
to reiterate that I would like to see these cottages be preserved.
Hayek: Thank you for your comments.
Kopel: Hello, my name is Teresa Kopel and I'm a resident of Iowa City. From
December 5t" through December 7t" Iowa City celebrated our 175th birthday. In
the opening statement by our Mayor on Sunday, he said, "We owe a debt of
gratitude to the members of the community who study our history and who
chronicle the events and the institutions and the people of Iowa City. Without
that work our heritage slowly dissipates over time and we forget, and our
understanding of place and context weakens. This was a great way to enjoy our
sense of history as a community. This celebration really helps us understand who
we are as a community, and it lends to a sense of civic pride." I found it terribly
ironic that four days after that statement, the Mayor and three Members of the
Council voted against holding a public hearing on whether or not these cottages
constitute and important part of our history and our heritage. It's been said that
this argument is about a lot more than three small buildings, now two small
buildings. And I would agree with that! But I think it's been mis... represented
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as ... the target of a lot of anger and bitterness and resentment about development.
I know for myself when I heard about the Riverfront Crossings development, I
was thrilled! My entire life coming into Iowa City down Riverside Drive, I have
always been struck by how terribly ugly so much of that part of Iowa City is, and
I was thrilled to hear that we were going to be developing Iowa City, especially in
a mixed-use setting, something that would ... that would give value and ... and
interest to our city. At the Planning and Zoning Commission, in talking about the
cottages, the cottages were not seen as being an impediment to develop. Actually
they were seen as bringing real charm and value to development that can be done
in that area. I don't see where ... where preserving that ... the remaining cottages is
at all incompatible with development in that area. All that would ... would be
prohibited from being developed are those two cottages at 608 and 610. The
entire rest of the block can be developed and ... and indeed will be developed — in
keeping with the Riverfront Crossings plan! I don't see where this should be a
case where Iowa City loses or the ... or the property owner loses. I don't see this
as just a matter of...of...property owner's rights. I think this really goes back to
who we are as a community and what we value. Do we value the people who
built this community? Or only the people who own it today? We speak with
great pride about a UNESCO City of Literature, and as we've heard earlier this
evening, 610 S. Dubuque was the home of the Actualist movement. This is an
important part of our literary heritage. It is not just who we are in the University,
or the ... or the International Writing Program or any of the other wonderful, fine
institutions dedicated to ... to literary, uh, development in this town. There is a lot
that we could do in this area. I ... I think it would be absolutely possible for
everyone to be satisfied. For the owner to develop the property, around those two
cottages. For the cottages to bring a real value and charm to the development of
that area, and I don't see where this should be a matter where one side wins and
another side loses. I think we all lose if we lose those properties and we lose part
of our heritage, and I think we all gain as a community if we maintain our historic
heritage and continue to work toward building our future. Thank you.
Hayek: Thank you for your comments.
Anciaux: Okay, my name is Don Anciaux. I live at, uh, 2119 Russell Drive. Uh, I served
for five years on the Planning and Zoning Commission, and we were asked not...
when we were asked to vote on a, uh, historic preservation recommendation, we
were always told that we were not to consider whether the building was historic or
not, but whether it fit into the Comprehensive Plan or the District Plan. Um...
this ... and every District Plan we have either has a conceptual thing in it or a
statement that says, uh... uh, historic buildings should be saved if at all possible,
or when ... when, uh... uh... expedient. Uh, I went through this process with the
old Library. The owner wanted to raze the building. A flurry of activity from the
Friends and ... of Historic Preservation and the Preservation Committee came at
the last ... to the last minute conclusion it was historic. Uh, again... this... it never
came to a vote because the developer decided to save the ... or to save the building.
Uh, it has been stated several times there that they saved the Tate Arms. They
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saved the Carnegie Library, uh, they want to save these. I said to the guy that was
the vice chairman of that commission, the ... the Historic Preservation Commission
at that time, that I did not want to see another one of these come in at the last
minute. That was eight years ago. They've had eight years to come up with a
plan for a lot of buildings — the Tate Arms, the ... you know, whatever else they
want to save, and um ... I just don't understand how ... they can wait till the last
minute again to pull the ... to try and pull this off. Moffitt Cottages were built in
1930s and 1940s. They have an historic designation. These buildings were built
in the 1850s; now are extremely historic according to the testimony given today.
Why weren't they put ... put on before the Moffitt Cottages that were built 100
years, almost 100 years later? And, uh... I guess that's all I gotta say!
Hayek: Thank you for your comments.
McCarragher: My name is Jim McCarragher. I'm the, uh, attorney for the owner (mumbled)
Resources LLC. I'm here on behalf of its manager, Ted Pacha. As the Council
considers whether 608 and 610 should be considered historic landmarks, I'd like
to discuss a few things. And the first thing I want to talk about is one that ... that I
think it's overlooked a lot is the property owner, period. When you buy ... when
someone buys a property, they buy it because they want to be able to make
decisions about it. If you rent it, you don't make decisions. There's a diff.. .
there's a period of time when you live in the cottages and then you don't. If you
own it, you own it! Tenancies end, ownership does not. If someone wants to
make a use of a property, that someone else owns, the least they could do is to go
talk to `em about it! I ... I'm disturbed tonight to hear that people are saying that
they were thinking about these buildings for three years and didn't have the
decency to go out and talk to Mr. Pacha one time during that three years? That's
appalling! If these buildings were historic, they should have talked to ... Mr.
Pacha before he went through all the trouble and time to go to the City and begin
to file things, and only at the Planning and Zoning ... did the Historic Society come
in and say, `Whoa! We think that this is a ... a potential historic overlay district,'
which his by the way only conceptual and not a requirement of the
Comprehensive Co ... Plan. If these buildings are considered historic, they don't
just become historic when you follow an application to rezone! What concerns
me here is when an owner makes a major decision for lawful use of their property,
and at the last moment, a person or... or organization suddenly appears to frustrate
those rights of the property owner by telling them, `no! We have a different idea
about what you should or shouldn't do' with property they don't own! To vote
yes today rewards a last minute attack on the property owner's decision, pitting
his rights against a request at a conceptual, not a requirement, under the con...
under the Comprehensive Plan. The property owner's given great deference of
the City code. If the property owner and the surrounding owners affected do not
...are opposed whatever's going to be voted upon, it takes a super majority. Now
that says something about the value of property rights! That means six out of
seven people have to vote yes... in that situation! A lot... a lot has been made here
about the tenants, and about their businesses. It's not about the tenants! It's not
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about the businesses! Those tenancies end! In a week we're going to be
determining the rights of one of the tenants who will be speaking here probably
tonight. But in ... under all the most favorable of circumstances, give them
everything they want, their tenancies end after July of 2015! The buildings will
be vacant to then! It will not be occupied. At that particular point in time. One
of the things about the historic landmark plan they haven't talked about is an item
that's called `diverse ownership.' That means you try to spread the ... the hardship
here. The two buildings here are held by one owner! From a financial standpoint,
Ted's been told that if these buildings could even be, uh, repaired under any
circumstance, it would be hundreds of thousands of dollars to do so! All that falls
on the shoulder of one person, which could ... who could never recover the
expense alone, let alone a reasonable return with the rent on 608 at the present
time is $350 a month! And 610 is $600 a month! When we talk about this and
we look at it, we're also ... have an addition to the financial responsibility of
liability. These buildings have been declared to be unsafe, and unsound! The
liability for that rests with the owner! And this case it's on the shoulders of one
owner again! To vote yes places an extraordinarily high financial burden and risk
of liability on the shoulders of one person! That's not fair! When we ... we talk
about this and the exposure, it's not like Mr. Pacha hasn't been trying to do
something. He has been offering to the tenants ... one tenant's already moved out.
He's been offered (mumbled) other tenants lucrative financial arrangements. The
last one is $20,000 in cash and making arrangements for, and paying for, the
removal of their personal property. That was rejected!
Hayek: Sir, you'll need to finish up (mumbled)
McCarragher: The last point I want to make is these buildings are unsafe. You heard Mr. Jacobs
get up and talk. And I'm not going to repeat what he says, but their unsafe, and
he stands by his opinion. He stands by his opinion irregardless of Morningside
Studio report. A vote yes would make historic structures that would cost
hundreds of thousands of dollars and are beyond the useful life. For these
reasons, I would urge you to vote no in designating these buildings as historic
landmarks. Thank you (both talking)
Hayek: ... for your comments. Is there anyone else?
Ingles: Good evening (clears throat) my name is William Ingles. I'm at 608 S. Dubuque
Street, uh, one of the tenants of the properties we're talking about. Urn ... hadn't
intended to speak. Look, no notes! (sighs) I've been there since 1986. We, uh...
crowdfunded a... a structural engineer's report, 20 -some pages long, indicating
that the cottages are structurally sound and habitable. That's my experience, and
that's been the experience with every single City inspector who's ever looked at
them. Twenty-eight years I've been there. They've been inspected 14 times by
City Housing, and 14 times by the Fire Department. Each of those inspections
has been perfectly in-line with the Dugan report, that shows that they're habitable
and sound. (sighs) I don't want you to be swayed by misinformation. If you
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look at who paid for the report that says that they're not sound, uh, I think that'll
tell you that the person who paid for it got what he wanted. It's to his benefit to
tear them down cause then he can build on the entire block. I don't have anything
against development in general. But Ted's known since 1996 when he bought the
properties from Freda Hieronymus, who learned in 1992 that these could not be
developed, without a great deal of difficulty and when he was presented with an
end -around, to develop the properties, he's taken it. There are other options here.
Ted has been presented with more than 150 signatures on a petition that says `we
will buy these properties from you. We don't want you to go away empty
handed. We'll make you whole.' And he's not responded to this at all! 150
people have said we want the existing tenants to be able to buy these properties,
and he's not had the courtesy to even acknowledge that we've made this request.
(clears throat) A lot of this seems extraneous to whether or not these things have
landmark status. I think it's been proven by Alicia Trimble, by others tonight,
that they do have historical status. I ask you not to be sidetracked by issues that
don't have anything to do with that. Ted has the option of selling these to people
who will maintain them, improve them, nothing that's been pointed out can't be
fixed. If you can get past the idea that he has to develop all or nothing, I think the
cottages can be saved and should be. Thank you.
Hayek: Thank you for the comments.
Digmann: Hi, uh, I'm Kevin Digmann. I do some development here in Iowa City and I want
to talk about a couple issues that have been brought up a lot and ... and kind of
clarify why things work in a certain area and things don't. And one thing that's
been talked about a lot is this bonus, um, what was done at Tate Arms. Where
some developer can save a property and use that somewhere else. Well, that's
right and Ted's aware of that, but Ted has his property and he wants to do with
what he wants to do with it. Right? That's his property right to do that. There's
been discussion about these rights can be sold to somebody. They can ... they act
like they're just a liquid, like a stock, that you can just `boom, boom!' Well it's
not that easy! You gotta find somebody to do it. There's a lot of work involved.
And let's really think about what happened with the Tate Arms. I mean we were
all aware, I think most of us are aware who owns that property, correct? It was
the Clark family, or persons part of the Clark family that did that. And what do
the Clarks do in this town? They have student housing. And when you think
about the location of that building, right, I don't really think of that as super -close
to campus. So to give bonus density to the Clark's to do something else, who
have property throughout this town, was really giving them a favor. Right?
Cause they get a chance to redevelop something closer to campus, where they can
put donus... bonus density on, which will maximize their return on this. So I think
that's one thing to think about is when you compare what somebody's done on a
property, everybody has to be aware of all the circumstances that go with that.
There's a lot of different things that do that. Any you know when we were
involved with Ted early on, we ... we did want to redevelop this property. We
wanted to do a lot of things. We did look at these cottages. You mention in the
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early things about some ... my contact with some of you to show you these
buildings. We did look at these buildings. I mean, I met some of you down there
with Ted so you could see for yourself the condition these are in. And when we
did this, we realized you can't build a significant building next to these things and
not have `em fall down. And then on the other part of that, to ... to get them in
condition will cost several hundreds, thousands of dollars to do that! You know,
you're hearing rent for these things of 2 ... you know, 3 and $600. If anybody puts
some money into these things, it's going to be 3, $4,000 somebody's going to
have to pay to occupy these things on a monthly basis to cover the investment!
And if this is truly in the public interest, then is the City prepared to pay for
those? Which I don't think you are! And then I hear this thing about having a
petition to have the property owner sell a piece of property. In all the deals we've
ever done, if I want to buy a piece of property, I present the property owner with
a ... with an offer, to buy, and say `here's an offer to buy; we'd like to buy your
property,' and let the owner evaluate that. To say that they want to put a group
together and they've done that, I think this is one of the first times that e ... that's
even come out! So it's just another tactic I think to drag this thing out and say,
`well, what if we do thisT But none of that stuff has ever happened, and I think
... I ... I've got to know Ted through this process and I feel really bad for the buy, I
mean, this has been a long process. He's battled a lot, and I really think, you
know, even through this process — you voted once not to do this. It went through
the process again, and here we are again! And when I think about the people that
we have, there's everybody in this room has people in their contingencies and
circles they run, right? In order to make this work, it has to be a super -majority of
people that do this. When I'm on the street and I talk to people, they'll ask me
about what is the deal with these things, and I'll tell `em what they are and they're
like, are you serious? And I think you guys have to ask yourself when you're
talking to people about it, is it truly a super -majority of people that are telling you
these things should be saved? Or is it a super -majority, or even a minority saying,
you know what? That's his property, let him do with what he wants! So I ... I
stand here today just like some other people and (mumbled) it's beyond what
Ted's, you know, this just his property and ... and these ... these little houses and
what's gonna happen to `em. I think it's a bigger issue that people have to ... when
you own a piece of property, we all should be able to do with what we want with
our property at some point, unless ... if the City wants to take over a piece of
property, it's called imminent domain! You have to pay somebody a fair value
for that! And then this is basically taking Ted's rights away! So I beg of you to
vote ... to support Ted and not declare these historical. Thank you.
Hayek: Thank you for the comments. I would suggest we take one or two more. Come...
come forward, please! Unless you ... if you're out there and you still really feel
compelled to speak, we've been going for an hour and a half now.
Slonneger: Hi, sorry, I wasn't going to speak tonight but, um, with the argument (both
talking)
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Hayek: ... give us your name, please, first.
Slonneger: MaryBeth Slonneger, sorry. Um ... uh, I just wanted, well, to say that, um, it...
this whole thing is such a tangle and such a concern, and so sad that, um, I
decided to, uh, my way of dealing with it is to go back and research the older ho
...the older houses in Iowa City. And I'm, uh, working on a book about
downtown Iowa City that actually does go through and ... and try to find what's
left. And I would say I'm probably in less than 50% of downtown is left. And
um, it's ... it's a ... it's a constant struggle I know for all of you because of the
development that's going on. But I'd also like to share with you that I've restored
five buildings, and they've all been very small, and when I look at these cottages
and people ... it's very discouraging to have somebody say they're so expensive,
so, urn ... uh, impenetrable to be able to ... to restore these ... these buildings, it
looks like they need to be tuckpointed and perhaps some steel bars to reinforce
them. It's not a major, major problem. Um, I restored ... the limestone cottage
that had mushrooms growing out of it in (laughter) cardboard walls, um, things
can be done and if a... a, something is significant, it... it should not pose that much
of a problem. And I just want you to think about that, less than 50% is left! And
we are, um, we have little of our heritage left! So please weigh that concern, and
the fact that it's connected to a ... a literary background is, I think, quite important.
So ... sorry, thank you.
Hayek: Thank you for the comments. How bout we take one more. Please come forward.
Alan: Hi, I'm Jan Alan. I own the Carl Seashore House. Secretly I've wanted to put a
donut shop in there for a long time (laughter) but I have a little too much respect
(laughs) for the historic preservation. We're talking about the area of the depot.
It is a historic business district! Let's enjoy it, not destroy it! Thanks!
Hayek: Thank you.
Throgmorton: You know, I (both talking)
Hayek: Jim!
Throgmorton: I would very much prefer to hear from other people if they have, really have
something additional, uh, to contribute.
Hayek: Well are there people left who have intended, or do intend, to speak? I think...
Ward: Hi, my name's James Ward and, uh... talking about the historical nature of this, as
people as a whole, it's what we have individual rights and we have ... the public
has the whole rights, and then that there's a point of impasse where the public
interest overshadows an individual's rights when it comes to something that
belongs ... that should belong to all of us as the history, if it's connected in some
way to our past and ... not only here in Iowa City or in the state of Iowa or in the
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country. I was speaking once with a... a park ranger over at our... our national
park over here at West Branch and she had a good comment about that, reflection
upon that, cause I said why's it seems like ... when you get this side of the
Mississippi in this country that there's so much of this tearing down of our ... our
past and our history, and we don't have our grandchildren take back and say this
is how it used to be. This, you can walk into the history, how ... history comes
alive that way, besides just reading in a book. In a book it's fine, but it's also
even brings home that point of our past in our history, something to stand on in
our ... our history and our past that you can walk through that, is that she had the
reflection of... she said yes, everything east of the Mississippi there was the
preservationist attitude. Everything west of the Mississippi it's tear down, build
new, and I said well why do you think it's that way, and she said well, if you look
at it this way, in our country's history as we cross the Mississippi, which we did
on the railroad in Davenport for the first time in this country, and then it came to
Iowa City and all ... and points west. She said that, well, we were ... in this country
we were going to claim the west. That was the final frontier in our country, to
claim that. And ... and ... and to build up. To build it up. Well, we've moved so
fast, we forgot to wait a sec! We now we gotta go back in and look upon
ourselves and preserve what we have built up. Otherwise there's nothing to
connect. And that's why there's... younger people earlier tonight that came
forward, they know that they can ... that in ... they have that... connection (phone
making noise in background) of...of, uh, that connection. They ... they feel that
bond, that bonds all of us, is our history, and without it there's no bonding. It's...
it's fine to have some new structures. That's another history down the road. It
(mumbled) one day be our history, but we gotta pull along the rest of our history,
otherwise there's not a bonding, and that's what bonds us all and all cultures and
everything that ... how we make us strong in this country, stronger than anywhere
else. And also in this ... in this state and that's why it's such a beautiful state
because we knew learn how to look within and bond and grow stronger. That's
all I have to say.
Hayek: Thank you.
Dobyns: Mr. Mayor, I would, uh, ask that you, uh, curtail public comment or consider a,
uh, roll call vote from the Council ... to do so.
Hayek: Well why ... I think ... I think we've exhausted, uh, the audience comments and...
and we've been going for over an hour and a half at this point. I think what... I
think what we should do at this ... is ... is take the temperature of the Council.
Again, if... if there are even two people who are inclined to not go with the
proposed rezoning, then we stop. We take up a motion to ... continue the public
hearing, along with the vote on first consideration, uh, so that a ... uh, consultation
can be held with Planning and Zoning Commission, and we come back here.
Throgmorton: I ... I would like to know whether we should discuss this before announcing how
we're likely to vote, because if we don't do that, there's no opportunity for any of
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us to influence any of the rest of us. Then all we're doing is just ... you know
expressing opinions. So I don't know ... I don't know what the rules are with
regard to that. I don't know if we can discuss this, without indicating how we
intend to vote or what, I don't know.
Hayek: I defer to Eleanor on how much conversation she wants the Council to get into
during a public hearing.
Dilkes: I think ... I think that's, I mean, it's up to you. Urn ... you ... I don't think there's a
rule about that.
Hayek: Okay! Well ... let me ... let me ask this. Are there... are... let me just take an initial
temperature gauge here, before you try to convince people, Jim. Are there at least
two people who would be inclined to not support the rezoning?
Mims: Yes.
Dickens: Yes.
Hayek: So there...
Throgmorton: There are two. So (both talking)
Hayek: ...I've heard (both talking)
Throgmorton: ... we have to consult with the Commission anyhow, right?
Hayek: We do.
Throgmorton: Before voting.
Hayek: If you ... if you want to engage now, Jim, you could but ... the fact is if there are
two, unless you can turn them around, um ... we ... we have no choice but to...
continue the public hearing, and we'll come back and have this conversation once
again on ... uh, in February.
Throgmorton: Well I doubt (both talking) I'm sorry!
Mims: Okay, all I was going to say is ... rather than going through all of that discussion
tonight, if there's two of us ... and I don't think you're going to change my mind
tonight in terms of my inclination. Um, that it makes more sense to maybe give
all of that explanation of our views when we come back after we have that consult
with P&Z.
Throgmorton: I understand.
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Hayek: Yeah, I... (both talking)
Throgmorton: I disagree, and ... and I'll explain why, cause there are like 65 people in the room,
and there are, I don't know. How many are out there? Ten, 20, 30, I don't know.
A number of people outside. I think as a matter of respect to the people who are
in the room, and people who are watching this public hearing right now, we
should indicate to a degree at least what we're thinking and why. Otherwise...
you know, you've chatted, you've spoken, and then two weeks later, when maybe
somebody's watching, maybe somebody's not, we'll announce our votes.
Payne: The only thing is is I think my understanding is, of the idea with the consult with
P&Z is to get their input, I mean, obviously we read their meeting minutes, to get
their input on why they voted the way they did, and you know, other than just the
public's input, but get their input on why they did, and maybe they could
influence a vote. So, I mean ... I think it's important to hear what they have to say.
Dobyns: I think it's highly irregular because... as long as I've been on Council, we've...
done that, we've conferred with Planning and Zoning, and Planning and Zoning
has a codified voice, um, in this issue, um, in addition to what the public has said.
Um... sol...I think probably we sh... we've already given them a sense of how
each of us feel with this taking of the temperature. I think that would be
sufficient, um, if we're going to change significantly what we've done. Eleanor
says we can do it, but I think if we're going to change it we need to have a longer
discussion, um, apart from this issue ... about doing this. I don't think we should,
because of this issue. We've had a lot of difficult issues before Council since I've
been on. I see no reason to change, uh, protocol. I think we should listen to, uh.. .
uh... uh, Planning and Zoning Committee, as we've listened to the public tonight,
and then we have an opportunity to talk with each other, substantively.
Botchway: I thought we did this differently last time. Didn't we have this same discussion
when we talked about it in front of the Planning and Zoning Committee where we
did talk about, or at least ... at least I remember maybe putting something together.
Hayek: Your mic..you gotta pull your mic up, Kingsley. (noises on mic)
Botchway: I apologize! Um, putting something together to where ... we discussed our opinion
or something along those lines, and I'm looking at everybody else.
Mims: But that's what we'll do with P&Z.
Dobyns: Uh huh.
Mims: I ... I would agree with Rick. I think in the past when we've kind of taken the
temperature, if we didn't think we were going to agree with P&Z, we just left it at
that, did the consult, and then came back. I don't ... I don't recall that we've had
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any detailed discussion with ... in the Council before we went to the consult.
Maybe I'm wrong!
Payne: I ... I agree. We've only done it maybe once or twice in the three years that I've
been on Council anyway. (several talking)
Hayek: I think that's right, and I think, you know, it's ... it's an ... something to take into
consideration, Jim, is that we're continuing the public hearing. We're not closing
it! And we would go before P&Z for the consultation, get the benefit of that
input, and we may not learn one more ... piece of information than we already
have, after all of this input, but we might! And then we go back ... up here, reopen
the public hearing, uh, which affords the public yet another chance to give input,
and then we close the public hearing and have our dis ... Council discussion. So
that ... that consultation has relevance, even to the public hearing, from my
perspective.
Throgmorton: So, uh, just to put a fact on the table. I'm sure we all know that ... that Planning
and Zoning Commission voted 7 to nothing in favor of designating these cottages
as historic landmarks. So when we have this conversation, we'll be hearing from
people who were unanimous in their view.
Hayek: Yeah, you're right!
Dobyns: We'll also hear from the context of their deliberation. Planning and Zoning was
voting on a very particular issue in a particular way, based on code, and we'll also
be hearing from the City Attorney regarding the nature of that vote, as well, and
I... and so I think a 7-0 vote out of context, um, needs to be considered differently.
Throgmorton: That's true! So we have a different role to play, totally understand that, totally
agree with it. I ... it's clear that, um, the sentiment is different from mine, but I
strongly believe we should be telling you right now what we're thinking, without
saying exactly how we're going to vote, because I can speak for myself. I have
certain views that ... respond to the property rights' claim, which I think are
important. They respond to the public's, um, claims, uh, about what their rights
are. And I take those as being important. And I think there's a way to deal with
that constructively.
Hayek: Yeah, but ... but, Jim, you ... we do have an obligation to tell the public where we
stand on this issue, and ... and any other issue. Um, but ... but we have this
situation where we cannot close the public hearing if there ... if we don't have the
...if we, if it's clear we don't have the votes, and that's what the temperature, uh,
is, and... so I think it's a question of `when' the Council gets into, you know,
seven different rationales for or against a measure, and it seems to me that occurs
during discussion under first consideration. That's just my read of it.
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Dobyns: Jim, if your intent is to give voice to your feelings then ... I would agree with you,
we speak tonight. If your intent is to try and convince the other Members of our
Council to change their version, I think you need to go with what those Members
think is the operational procedure to do so. I would suggest your intent should be
the latter ... that we should wait and go with procedure.
Mims: I'll move to continue the public hearing and defer first consideration. I don't
know if we can give it a specific date (both talking)
Hayek: February 9th
Mims: February 9th.
Payne: Second.
Hayek: Okay, moved by Payne ... or Mims, seconded by Payne to, uh, continue the public
hearing on Item 5a and defer first consideration to the February 91h meeting
to ... and I'm just going to assume that means to, uh, include the P&Z consultation.
Mims: Yes.
Karr: Do you want to also amend that to include correspondence? We'll do it all at
once.
Mims: Yes!
Hayek: And to accept correspondence..
Throgmorton: We haven't gotten to discussion yet, have we?
Hayek: No! Now is discussion time.
Throgmorton: So, when will that, uh, consultation take place on the 9th? Will it take place prior
to the work session?
Mims: No, she's gotta figure out from P&Z when they can meet with us. (both talking)
Dilkes: Well, there has to be a conversation with P&Z about scheduling that meeting and
then ... I think the goal will be, correct me if I'm wrong, John, but the goal will be
to have that consultation should they choose to have it, prior to February 9th
Throgmorton: Prior to?
Mims: Yes.
Throgmorton: Not on the 9th.
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Hayek: Okay. Further discussion?
Throgmorton: I doubt that the public will be present for the consultation. So I'm ... I'm going to
be quiet now.
Hayek: Okay. Further discussion? All those in favor say aye. Opposed say nay.
Hayek: Uh, those two nays?
Throgmorton: Yeah.
Hayek: Okay. So, uh, the motion carries 5-2, and the public hearing on 5a is continued,
and first consideration of, uh, 5a is deferred until the February 9th, uh, City
Council meeting and we will be conducting a consultation with Planning and
Zoning Commission at some point. We don't know what that date is.
Dilkes: But they'll be public notice of that (both talking)
Hayek: There will be public notice with that (both talking)
Dilkes: ...just as there is with any other public meeting.
Hayek: that's right, thank you, Eleanor! So, all right, it's ... it is 9:15. Let's take a break
from this Council meeting for five minutes. We'll come back and we'll resume
the rest of the meeting. Thank you! (BREAK)
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ITEM 5b REZONING SADDLEBROOK, PADDOCK CIRCLE AND
HEINZ ROAD — ORDINANCE CONDITIONALLY REZONING 21.24
ACRES OF PROPERTY FOR A PLANNED DEVELOPMENT
OVERLAY/HIGH DENSITY SINGLE FAMILY RESIDENTIAL
(OPD/RS12) ZONE TO ALLOW 72 MULTI -FAMILY DWELLING UNITS
LOCATED SOUTH OF PADDOCK CIRCLE AND WEST OF HEINZ
ROAD. (REZ14-00010)
1. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel) Before we turn to
staff, are there any ex parte communications to disclose? John!
Yapp: Uh, good evening, uh, John Yapp, Development, uh, Services. Uh, this property
is located on the south end of the, uh, Saddlebrook development. Uh, this
property was originally zoned, uh... factory -built housing, residential. Uh, and
was orig... originally platted, and my mouse is on the area showing where the
development proposal is. Was originally platted to include 73 manufactured
housing units. Uh, in 2005 the City amended its zoning code, uh, eliminated that
zoning classification, and at that time all, uh, manufactured housing parks were
rezoned to high-density single-family residential. Uh, this shows the, slide shows
the entire Saddlebrook development and the proposed, the location of the
proposed planned development at the south end of the development. Uh, the
street, uh, along the south end of this property is the future McCollister
Boulevard. Uh, the right-of-way for that street has already been dedicated, uh, by
the developer. This is an aerial view, uh, showing the location of the property,
and the location of the storm water management pond on the, uh, west side of the
development proposal. Uh, at this time, Heinz Road, uh, extends to Shetland
Drive, uh, in the Saddlebrook development. Access to the proposed development
would be via a... an extension of Shire Lane, uh, which would extend to
McCollister Boulevard on the east side of the proposed development. Uh, the
property is located in the South Planning District. Uh, the existing South District
Plan has language to encourage small-scale, multi -family development at the
edges of the neighborhood and near commercial areas and schools. Uh, the
concentration of multi -family housing has been a concern, uh, by many residents,
uh, as we are going through an update of the South District Plan process now.
Uh, one of the reasons large multi -family complexes have ... have been an area of
concern is that they can be disconnected, uh, from the surrounding
neighborhoods, in terms of streets and pedestrian facilities. Uh, another concern
is that they have not provided, uh, much open space for use by the residents. Uh,
this proposed development would take the 73 manufactured housing units,
previously approved, uh, and cluster them into 72 units, uh, in four buildings. Uh,
they are proposed, what our code calls an alternative ownership regime, uh, which
are condominium units. Uh, so 72 condominium units in ... clustered in four
buildings. Uh, the proposal does include a large amount of open space, both to
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the north and the west of the proposed development. Uh, would include new
trails, uh, for use by these residents and residents of the surrounding
neighborhood. Uh, Shire Lane, uh, would be constructed to the future
McCollister Boulevard. Uh, one thing we've, uh, negotiated with the applicant is
that Shire Lane would be constructed as a public street. Uh, and once Heinz Road
and Mustang Lane are built in the future, uh, then would become a public street.
In the meantime it would be maintained as a private street, due to the lack of
connectivity with other public streets. Uh, the reason I'm mentioning these streets
is that in the long-term extending the public street network, uh, for access to this
property and for use by the surrounding neighborhood, uh, is a benefit, uh, to the
larger area. Uh, Planning and Zoning Commission, uh, reviewed this proposal
and did recommend approval. Uh, subject to general conformance with this plan.
Uh, construction of Shire Lane to public street standards and eventual dedication
of Shire Lane as a public street. Uh, requiring a temporary turnaround at the
south end of Shire Lane until McCollister Boulevard is constructed. Uh, and
engineering of the storm water pond, uh, to ensure it meets the needs for this
development proposal, and an agreement to modify the pond in the future once
McCollister Boulevard is constructed. Uh, this is an image of the, uh, one of the
buildings. Uh, the buildings are similar in style. Again, would be condominium
units, uh, in the Saddlebrook development. Be glad to take any questions.
Hayek: Jo ... John, walk me through how staff reached its conclusion. I mean I picked up
from the memos and the notes that you ... your office struggled with ... this.
Yapp: We did struggle with it because of the emphasis, uh, the South District Plan has
on discouraging large multi -family complexes. Uh, in the South District. Uh,
however, in this case we think the benefits of this development outweigh those
concerns. Uh, specifically the large amount of open space, the trails, the, uh,
future of the interconnected street network, the fact that these are condominium
units, uh, and not apartment units. Uh, and the quality of the buildings. Also they
are all one and two-bedroom units. Uh, which is, uh, smaller size unit which has
...has been identified as a need.
Hayek: How does the condominium aspect differentiate ... or...
Yapp: It's a ... it's a different type of...it's a ... alternative ownership, where someone can
own the unit, uh, rather than...
Hayek: But my understanding though was that the ... the applicant intends to own and rent
all of the units, even though they will be condominiumized. I ... I thought I picked
that up from the record.
Yapp: I would defer to the applicant...
Hayek: Okay.
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Yapp: ... on that.
Hayek: It's a minor point to me, but...
Payne: I have a question, uh, is there more than one access point? Road access?
Yapp: Initially, no. There would be... Shire Lane would provide the access to the
development.
Payne: So how many ... how many units ... total use that access point to get out to a
collector street? I don't mean just in this development. I mean total. What...
Yapp: I would have to...
Payne: You didn't count those up?
Yapp: I did not (laughter)
Payne: You didn't know I was going to ask that question? (laughs)
Yapp: I did not! (laughter) Uh, the ... the larger development does have a second means
of access to the west. As well as ... the original access for this development was
through Heinz Road, to Highway 6. There's now also an access, uh, through
Pinto Lane, I believe, uh, to the west.
Payne: But ... you can't get to Heinz Road yet from here.
Yapp: Yes. Shire Lane...
Payne: With ... okay, you have to go through ... you have to go through the neighborhood
to get there.
Yapp: That's correct.
Payne: So how ... I guess my ... I guess what I'm trying to get to is ... do, does the City
have a requirement for requiring another access at some point, due to the number
of...homes or units?
Yapp: We ... we do, and it's based on, uh, traffic volume. Uh, 2,500 vehicles a day
before a second access is required into and out of a neighborhood. Uh, and
that ... this larger neighborhood does ... oh, this slide shows Pinto Lane. Does have
that second means of access to the west.
Payne: So Pinto Lane... so wasn't there a concern in here about using that access though,
about ... too many vehicles going through there and using that access? And the
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thought was most people aren't going to go that way cause it's the long way.
They're going to go the short way to get up to Highway 6?
Yapp: And I think most people will use Heinz Road to get to Highway 6. The ... the
main, well, there's two rationales for the second, requirement for the second
means of access. One is emergency service vehicle access. If the main access is
blocked, for ... for some reason, there is a second way in and out. Uh, two is to
distribute, uh, the traffic volume, uh, through the neighborhood. In this case we
recognize that ... yes, I think most traffic will use Heinz Road.
Payne: And how many years before McCollister gets built?
Yapp: I think that's partly up to the City Council. (laughter)
Payne: Projected! 10 years, 20 years, 40 years?
Yapp: Oh, I ... I would say ... I would ... I would estimate within the five to 10 year range.
But again, that's a budgetary decision.
Payne: Okay.
Fruin: It's not in the five-year CIP. Any extension of McCollister.
Dickens: Would it be built in portions or...
Fruin: It ... it would likely be built in portions, and probably the ... the growth around the
new elementary school would be the first phase, taking that over... over to
Sycamore and then you'd see a second phase to extend it. Either all this way or
part this way.
Hayek: So, John, my understanding is that the ... the current zoning is OPD-RS12.
Yapp: Yes.
Hayek: And ... and, which allows for the 73 manufactured housing units.
Yapp: Yes.
Hayek: Would ... does that, does the current zoning ... would the current zoning allow for
73 conventionally constructed housing units?
Yapp: It would have to be resubdivided with ... with different lot configurations, but...
hypothetically yes.
Hayek: Okay.
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Throgmorton: John, uh, what uh... what's planned for the area between the three buildings that
form a U? They're in a U shape.
Yapp: Uh, good question. I neglected to mention that. Um ... a, uh, gazebo and picnic
area, which we would call active open space. So this proposal does include both
active open space that fronts onto Shire Lane as well as more passive open space,
uh, behind the buildings.
Throgmorton: Uh, and that gazebo, etc., would be usable by anybody who lives in that general
area? Not just in the U shaped (both talking)
Yapp: That's my understanding, yes, but I'll ask the developer to, uh, clarify that.
Throgmorton: Yeah, could you show us also where the trails are?
Yapp: Sure! Let me go to the zoomed in image. Uh, the trails are shown, are these lines
on the plan.
Throgmorton: And where do they connect with other trails?
Yapp: There's an existing trail around the, uh... around the pond.
Throgmorton: Yeah.
Yapp: That extends into the, uh, wetland area to the south of the, uh, proposal.
Payne: Are there garages or is it all surface parking?
Yapp: Those are ... are, uh, garages.
Payne: Every unit has a garage?
Yapp: I'll defer to the developer on that.
Throgmorton: Where ... where are the garages on that (both talking)
Yapp: On the, uh, outside perimeter of the proposed parking area.
Throgmorton: Oh, those. Yeah.
Hayek: Okay, John.
Yapp: Thank you.
Hayek: Thanks! Think the... applicant is here. We'll hear from him!
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Gordon: Hello, my name is Steve Gordon. I'm with, um, AM Management and represent
the, uh, Saddlebrook development. Um, I'll try to answer the questions first so I
don't forget them and then I'll get on with my presentation. Um, as far as
the ... the access, when the development was ... was first brought, you know, many
years ago, um, first planned there was a limitation of 417 units that could be built
before there was secondary access. Um, I...1, the plan at that point was that that
secondary access would most likely be the parkway, um ... 20 years later, you
know, there's still no parkway there. Um, so secondary access was created.
Some additional land was purchased in the Whispering Meadows area. That area
was developed, and ... urn ... the street system was connected up through
Whispering Meadows to Lakeside Drive. So there's Heinz Road and ... uh,
Whispering Prairie... Whispering Meadows to Whispering Prairie up to Lakeside.
So ... so there is ... there is two accesses, um, as per the original development.
And, uh, of course the parkway would provide us a third ... a third access
when ... when and if built. Uh, our ... our intention is to rent the units at...at this
time. So, uh, the condominium designation is a level in quality of construction
that... that... that allows you to ... to sell `em individually if you ... if you would
choose, or at some point in the future, but our intention initially would be to, um,
to rent them. So, and then ... as far as the access, the, um ... the .... we have to
remember that there's ... that there's 73 units that could be built today without any,
um, rezoning or any of this ... of the process. So, um, those units could be built
and that traffic would either go out Pinto Lane or up ... up Heinz Road. So this is
just what ... we're trying to improve the development in that area and ... actually
feel this development would ... would produce less traffic than ... than the 73
manufactured homes, cause they're smaller units and ... and less bedrooms. But,
um, so it's, um, it's not going to increase the traffic and ... they're, you know,
granted both ... any traffic in that area does have to go through a neighborhood one
way or the other, either to get to Heinz Road or to Whispering Prairie Drive,
which are ... which are neighborhoods as well, and there's... there's... there's, uh,
folks that live on Heinz Road and folks that live on that street, but, um ... this isn't
increasing that. It's actually probably decreasing... decreasing that. So, um... so
again 1, uh, I appreciate you allowing me to speak tonight about this development.
Um, we have worked diligently with staff over the last several years in, uh,
putting this plan together, and uh, after many changes and adjustments, um, we
believe we ... we have addressed substantially all, if not all the concerns that were
voiced, um, over that process by staff and uh, earlier by the Planning and Zoning
Commission. Uh, the plan presented to you tonight has both the support of staff
and P&Z, and we hope we can gain your, uh, support as well. Um, I know it's
been a long night. Um, but I'd like to just .... and so I'll try to be brief. I'd like to
share a little historical perspective relative to the development cause I think that's
important, uh, to ... to this plan. Saddlebrook's a very large project that has
spanned many years. Um, I still believe it's the largest annexation in ... in the
City's history, and that's the original annexation. It was, um, 420 acres, I believe
initially. With a project of this scope and magnitude there's inevitably many
changes, um, along the way. We have enjoyed working with the City over the
years as we've shaped what we feel is an outstanding community within a
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community that we can all be proud of. We know that there's many families in
Saddlebrook, um, that would agree and hope that you do as well. Um, with the
renewed focus on southeast Iowa City, a new elementary school, um, an
outstanding public park, excellent trail systems, which ... which we are part of,
um, and hopefully soon a completed McCollister Boulevard. My little hint, hint
for the night! (laughter) Um, to connect, uh, and bring the area together. We
look forward to continuing our relationship, um, as we have ... as we have many,
many acres yet ... yet to develop in this area. Um, I encourage you to come out
and look around. Our offices are on-site. Happy to show you around or you're
welcome to drive through the community. Um, the uh... the planning for
Saddlebrook began in 1991 with, uh, 420 acres, as I mentioned, came under
common ownership. Over the next three years the City worked closely, or the
dev... the owners worked closely with the City and in 1994 the area was annexed
into the City. And, um ... as ... as shown on this slide here. Zoning, infrastructure,
and wetland mitigation issues were discussed and approved, and in 1997, uh, the
first home was built in Saddlebrook Addition Part 1. And Part 1 originally, this is
Part 2, but Part 1 originally was just the northern half of this, and then the area
that goes up to, uh, to the highway. Um ... so that ... that was ... that was Part 1.
Um, at the time the parkway, now known as McCollister, was designed to go
through the middle of the development. So McCollister was designed to go right
through there, and ... and this Part 1 was ... was north of that, and this was ... was
unplatted at the time. Um, in 2001, Saddlebrook Addition Part 2 was platted and
approved, and that moved McCollister Boulevard down to the south edge of the
property, as was mentioned, and that land has been, um. ... um ... uh, set ... set aside
for that ... for the parkway. Um, and then the size and the numbers of the
manufactured homes was ... was increased as ... as shown here. Um, this
completed the initial plan of...of Saddlebrook. Um, which is what John showed
earlier, which is where ... where we're at today. Uh, since 1997, 146
manufactured housing units have been placed and either sold or rented. Uh, the
eastern edge of what was the original park was rezoned for attached single-family
townhomes and two small multi -family buildings, um, which is this area right
here, which again we believe and ... and staff and Council at that time agreed with
us that ... that improved the development, and to date 43 of those units have been
built and sold, and we're currently, uh, five more are under construction, which'll
finish out this little development right there, those last five units. Um ... the
rezoning provided a great ... a greater diversity of housing types, uh, within
Saddlebrook. Um, and then in the northern section of the subdivision, which is
Part 1 up in here, uh, we have, um, there's 140...40...144 condominium units
which have been built and sold, and 94 apartments that have been built and
rented. Uh, that brings us to today, and the owners of Saddlebrook have been
planning, developing, building, and selling homes, uh, to families for over 20
years. Uh, they've made a huge investment of their time and capital into this
community. Uh, this includes the original purchase of the land, dedication of 200
acres to a conservation easement, um, part of which is the south Sycamore
regional wetland area. Um, enhancement of wetlands, building of trails, ponds,
uh, lots of open space, parks, play areas, and ... and a clubhouse for use by ... by
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people in the community. Additional land was purchased, as I mentioned, to
provide secondary access, um, and so now Saddlebrook is ready and the
infrastructure is in place, uh, for the next phase of the development. The next
phase of the development is curr ... currently platted and approved for 73
manufactured homes on land lease lots. Uh, an upscale manu... an upscale for -
sale manufactured housing community is just not financially feasible in today's
market. The lack of affordable financing for purchasing these homes, um, has led
to this situation. Um, we are seeking approval to amend our current si... site plan
to build a high-quality garden -style condominium project, as ... as you have seen.
Our intention is to lease the units as an apartment community. I'm sure ... sure
you are all aware of the need for quality rental units within Iowa City, evidenced
by consistent low vacancy rates and addressed in recent market studies in City
Steps reports. For many years the Iowa City market has been dominated by high-
priced student housing, and the non -student renter who is looking for a quality
apartment community with amenities has been underserved. As we looked at this
project with staff and ... and P&Z, the main concerns were as followed and
discussed. Density, design, and ... and connectivity. Working closely together
with staff, our land planner, and our architect, we have put together a plan that has
gained the staff s support and unanimous Planning and Zoning approval. We
maintained a density that is ... that is actually one unit less than is currently platted,
under the approved manufactured housing, um, site plan. The units are smaller,
have fewer bedrooms, um, than the manufactured homes ... and would actually
reduce traffic in the area. Uh, we went to a courtyard design as recommended by
staff, which gives the project a more open feel. Um, as you drive down the street,
we had the buildings professionally designed by an architect, adding ... added
garages to the site plan. Reduce the amount of parking and added landscaping in
critical areas, which all give the feel of a residential development. Lastly, we
agreed to build and maintain Shire Lane as a city street and replat Mustang that
the same. Uh, we are also aware that there is concern by some of the ... of the, um,
compatibility of the site plan with the Comprehensive Plan. Um, were this a
separate parcel of land, currently unzoned and unplatted, uh, I too would have this
concern. However, I think there are two critical factors with this particular
application that need to be considered. Uh, first the land is already zoned and
platted, as we've discussed, and the amendment we are seeking improves on what
could be built today. For Saddlebrook and its current resident, it gives us less
density, less traffic, public streets where there are none, better design, more
pleasing aesthetics, and usable, uh, greatly enhanced open space. For the City of
Iowa City as a whole, it provides a needed housing type, construction dollars
spent locally, where manufacture does not, and a property tax base, where
manufactured does not. Second, if taken as a whole, Saddlebrook has done a
tremendous job of bringing the type of housing desired in the Comprehensive
Plan to southeast Iowa City. A couple months ago you approved a plat from us,
where we were ... where we brought, we were adding 115 single-family and
townhome lots. We recently developed 70 single-family and townhome lots.
Um, can I go back? That's that area right there. Um, we have ... we have
currently sold, um, 21 homes in that development, and are in the process of
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building six more. Um, in addition we have 48 additional acres, uh, right... all
this area right here. Um, which is zoned RS -8 and ready for platting and
development as ... as soon as the market will ... will absorb. We believe
Saddlebrook is a model development with a large diversity of housing, open
space, affordability, and amenity. Uh, it's been several years since we started this
process, um, for what would be the best use of this part of the Saddlebrook
community. We know that the current approved site plan developed with the
current use high-end manufactured homes on leased lots is not financially feasible
and thus not a viable option. Like it or not, if a project is built that is not
financially feasible, it's not only a drain on the owner, becomes a drain on the
neighborhood and eventually a drain on the community as a whole. We looked at
many options under the current approved plan, including selling the land to a
lower -end manufactured housing developer or developing it ourselves, and
renting, uh, smaller, single -wide or used manufactured homes. In the end we felt
what was best for the Saddlebrook community was a low-density, well-designed
apartment community project. We worked for many months and long hours with
City staff and the people that've made Saddlebrook their home, uh, to develop the
concept you see here tonight. We have the support of staff. We have the
approval of Planning and Zoning. We have a willing and able developer, and
most importantly we have the support of the, uh, the residents surrounding
this ... this piece of...piece of ground as evidenced by the petition that you
received in your packet. Um, we would hope to gain your support as well. Um,
I'll end with a cup ... couple issues that are part of the staff recommendations that
we disagree with. Um, should you approve the amended site plan, we would ... we
would like you to consider... consider the following. Staff recommends cement
board siding for the buildings. No other buildings in Saddlebrook use cement
board siding, um, nor the manufactured homes that would be placed on this site,
uh, under the current plan, use cement board siding or ... or brick for that matter.
The buildings are well-designed with a residential feel, uh, and look, using quality
materials, including masonry enhanced trim and accents, and traditional vinyl
siding as used elsewhere in the development, uh, we feel would be appropriate.
Uh, secondly staff recommends that Shire Lane be built all the way to the future
parkway. Um, there's no guarantee that the parkway, uh, will ever be built, and
thus the extension of Shire Lane would serve no purpose and be a misallocation of
resources. More importantly, the parkway is not yet designed in this area.
Building a street to connect would be a guess as to the exact location and
elevation. Logic would tell us that a small stub street should not dictate where a
multi-million dollar arterial street should go. It should be the other way around.
Um, the likelihood seems high that this Shire Lane stub, uh, would have to be
removed in the future and rebuilt, if and when the parkway is built, and
what... we're... we're talking about just this little connection that ... right there,
um, our proposal is we ... we have a, you know, a loop area, turnaround for ... for
safety vehicles and ... and everything, and that this would be built in the future, uh,
when and if the parkway is built. Um, we would agree to guarantee the
completion of Shire Lane, um, through the use of, um ... um, letters of credit
as ... as a lot of things like that are done, um, but ... but feel that building it now is
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Dickens:
Gordon:
Dickens
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unnecessary and adds additional cost. So I appreciate your time and
consideration, and um, I'm happy to answer any questions you may have. Thank
you!
Are you, uh... currently ... it says in your... information here that one -bedroom
range from 605 to 735 in your current places and 820 to 920 for a two-bedroom.
Uh huh.
Are these going to fall into that range or are they going to be higher or...
Gordon: They ... they should fall into that range, um, they'll be similar to, uh, in ... in size
and ... and quality and scale of...of some other units we have in the area. Um,
rents do go up each year, so they'll, you know, they'll go up by the, you know, 1
to 2, 3, 4% but ... but that (both talking)
Dickens: And as a condo unit do you have a ... if somebody would want to buy one of these.
Gordon: Our intention ori... initially would not be to ... to sell them, to keep it all under one
ownership, as a... as an apartment, uh, community. Um, but at some point in the
future that could be an exit strategy, to sell `em as condos as opposed to another
... another apartment owner.
Hayek: So, Steve, this is a departure from the ... the South Planning District, um, and the
Comp Plan language, um ... talks about limiting multi -family to no more than four
to six units per building, and I think if you've got four on this, that means you've
got 17 or 18, 16.
Gordon: Sixteen and 20.
Hayek: Sixteen and 20 ... uh...
Gordon: Right!
Hayek: ...per building.
Gordon: Correct.
Hayek: So that's... that's a ... a sizable increase in the ... in the per -building unit number,
uh, and then also to limit the, um, number of units at any one intersection to 24,
and that ... is arguably an intersection, and we're going to 72. So this ... this is a
pretty big change and that's why it's given us some ... some heartburn here.
Gordon: Yes.
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Hayek: Um ... uh, I ... you know, and I'm sympathetic to the ... to the ... argument about
what it's ... what it's zoned for currently and what by rights someone could do
with that property, and I'm sympathetic to the ... to the vagaries of...of, uh,
finance with respect to the manufactured, uh, type of housing...
Gordon: Uh huh.
Hayek: ...and how that (mumbled) but I asked this of John, why ... why not, uh, go
through sub... go through the subdivision process again and... and redo the lot
lines and ... and develop this as simply single-family.
Gordon: That ... that would probably be possible. I think the current zoning would ... would
allow that, you know, a redesign. Um ... there is several reasons why, um, that
would not be an avenue that would be feasible to undertake at... at this point, um,
one is as ... as I mentioned, we ... we have a large supply of single-family lots and
um, land available for that... in the area, so it would be more of the same
and ... you know, as we all know it...it takes time to develop an area and ... and the
market dictates and ... and you ... you develop, you do a phase, you sell the lots,
you move on, and so ... doing ... doing that would just be more of what we've just
finished with 70 and what we just platted for 115 and it ... it, urn ... um ... it would
push this project out many years or compete with ourselves or ... whenever we
decided to do it. It would be less units than we currently have under the
manufactured housing because, uh, those lots are much smaller, much more dense
— as you saw the picture, they're right together. So, I don't know how many ... lots
we could end up with, but it certainly wouldn't be 72, and... and um... and
we ... and we feel right now what the market needs is ... is a rental product, and so,
you know, even if we did as small as lots possible, let's say we got 50 and we
built small houses, the economics of scale and the cost of that don't make those
great for a rental... rental product, where ... where a project like this does, and so...
so, um, weighing that kind of project versus ... as ... as I mentioned, just doing what
we already have and trying to bring a ... a less expensive product in there that
could be rented and ... and done financially feasible, would be a better economic
choice than either waiting to do single-family homes, which might be many, many
years in the future, after we sell out of what we already have. So the... so that's...
that's the reason we didn't go that direction.
Hayek: Sure, and ... and I ask because we're, you know, this is ... I ... I believe this feeds
Wood Elementary, um, I could be wrong about that, but I think that's right. You
know, that's our highest poverty school and we're ... and we're going through
a ... a process with our South District, and we've got this new school coming
on... on the south end on... on Sycamore...
Gordon: Uh huh.
Hayek: ...and you know the District has expressed concern about, uh, about, uh, balance
and housing. It's an issue we talked about earlier this evening as a City Council.
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Um, I'm not enamored of the ... the RS -12 designation, uh, but that was a zoning
choice the Council made before I even came to Council.
Gordon: Right.
Hayek: Um, but ... but I ... but I do have concerns about overall balance. It's not those
particular buildings that ... that cause me heartburn. The ... they are attractive, etc.,
and I think they're well, uh, situated on the property, and I think the ... the, uh, the
open space is a nice piece, but I ... you know, it's a concern of mine in this ... in
this area of the community.
Gordon: Yeah, and...and I ... I don't have the figures in front of me, but I believe they were
in my write-up, if...if you look at Saddlebrook as a whole, um, the amount of
single-family and/or owner -occupied units, uh, is ... we ... we are more heavily
weighted in that area than ... than the city as a whole, and ... um, you know, these
are apartments. We do have apartments in the area, but we also have a lot of
condos that we did sell and homes that we have sold and ... and are continuing to
build those and ... and sell those. So, as a whole we feel there is a good diversity
within Saddlebrook. Um, I, you know, what you said about the Comprehensive
Plan, that, you know, we ... that's been, you know, that's why this has been a two-
year process. It's been a long process trying to figure out what ... how to ... how to
make this work ... not do what's there now cause I don't know that that's in the
best interest of anybody, but try to find something that ... that would work
and... and... and, um, maybe not perfect but a step in the right direction and, uh,
you know, this is ... this is where we ended up. But...
Hayek: Thanks.
Gordon: But yeah, if you look at it as a whole, I think there is a lot of what the
Comprehensive Plan is asking for, and a ... and a great diversity within
Saddlebrook, of all types of units.
Hayek: Other questions for Steve?
Throgmorton: I ... I'd like to hear staff's response to, uh, your point about, what, extending Stire
Road, is that the name of the road?
Hayek: Shire!
Throgmorton: Shire!
Gordon: Shire, yes.
Throgmorton: Yeah, I'd like to hear staff, John (laughs) um, hear your response to Steve's
suggestion.
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Yapp: When we discussed this at a ... at a staff level, it...it was important that we not be
left with a ... with a piece of unconstructed infrastructure which may be difficult
to ... to have constructed in the future.
Mims: Is that difficult too, John, in assuring that the finances are there or ... because the
thing that I heard Steve say that kind of resonated with me is ... stubbing that out
now, which basically determines the elevation of McCollister.
Yapp: And I ... and I do understand that. I think escrowing for ... for the segment of road
not constructed is an option.
Mims: I mean, I ... personally would be comfortable with that if staff is, and...
Yapp: And escrowing would assure the funds are there...
Mims: Right!
Yapp: ...to construct.
Mims: Right.
Hayek: What does that do to the CZA?
Dilkes: We ... we don't have a signed CZA, so you'll have to continue the public hearing.
Throgmorton: Yeah, I ... I think I'd be okay with that as well. I don't know, would you, Steve,
the developer be okay with escrowing?
Gordon: Yeah (clears throat) excuse me, yes! That ... that's our request. Um,
and ... Eleanor and I talked (mumbled) that's why I hadn't signed the CZA yet
because I was ... that was going to be a request and if it .... if you ... did move
forward and did approve that request, it's going to change the CZA, but um...
yes, that's ... that would be our proposal and we are okay with that.
Throgmorton: I'm okay with that.
Yapp: Uh, just to clarify, and Ron just reminded me. In the meantime, until McCollister
Boulevard is constructed, we ... we would still recommend a requirement for a
turnaround at the south end of Shire Lane.
Hayek: And not just a dead end.
Yapp: Correct (several talking)
Throgmorton: And...
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Payne: For emergency vehicles.
Dobyns: Emergency... okay.
Yapp: And other vehicles.
Payne: That go down there that...
Mims: So they don't all have to swing around through the apartment building complex.
Yapp: Exactly!
Dobyns: But the size would meet emergency... because emergency vehicles are bigger. It
would meet that...
Yapp: Yes.
Payne: They were going to build that anyway. All you're doing is asking to shorten up
where you put it. (several talking)
Mims: Bea roundabout! (laughter)
Payne: that's what I was thinking. It probably will be a roundabout! (laughter) In a
roundabout way. (several talking)
Fruin: I just want to make sure we're all speaking the same language here. We're
talking escrowing, cause you mentioned line of credit before.
Gordon: What we're done in the past, and ... and continue to have out there for, you know,
for ... uh, for the pond as an example as John mentioned is a ... is a letter of credit.
Mims: I'd be more cr ... comfortable with escrow.
Fruin: Yeah, I ... I'm not sure what our ... what our past practice is on that, but I would
typically think we would require escrowing, but ... I'm looking kind of ..in staff's
direction here to see what we've done in the past.
Knoche: Typically we would go, uh, escrow. Um, but our past history in this subdivision
has been line of credit. Um, the Heinz Road extension, uh, the improvements that
are out there to be done yet have all been done with line of credit. Or letter of
credit.
Fruin: Okay.
Payne: That just .... and that just gets updated like every year or something like that... till
...until it's used?
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Knoche: That ... that's correct. We work with the insti... the financial institution to update
that letter of credit... annually. And so with that we, um, update the numbers that
go along with that, as far as, urn ... the ... the increase in the value of the
improvement.
Mims: I ... I guess I would be comfortable with whatever staff is comfortable with in that
regard, I mean... (both talking)
Dilkes: ...so everyone's clear, obviously that's a very different situation than an escrow.
I mean, if you have a letter of credit that has to be renewed every year.
Mims: I mean, that's why I... said I would prefer the escrow ... I mean.
Dilkes: Well the escrow's definitely a ... the preferable situation.
Botchway: I mean is this ... (mumbled) spoke to as well, I mean, are we going
against... sounds like we're going against current practice in that area. Is that
okay?
Fruin: Well I would say in ... in most cases we require ... we would require an escrow.
That's gonna, um ... um, reduce, you know, our risk. You know, it takes away the
risk. If it's a line of credit, there's some risk to the City that, um ... um, you know,
for some reason we may not be able to access that, uh, the development doesn't
go well as planned, um, that could be a problem in the future. So it ... it's a ... it's a
greater risk for the City to take on a line of credit type of arrangement. Um, we
have some precedent apparently in this area, but I certainly feel more comfortable
with an escrow arrangement, um, whether, you know, the developer would be
(mumbled) agreeable to that. At least we haven't had those discussions from our
office.
Yapp: Given the relatively small amount of money here for a relatively short segment of
road, my recommendation would be an escrow.
Hayek: Let me understand this, uh, see if I understand this. If...if we are inclined, uh, to
do what has been requested with respect to Shire Lane, uh, we're not gonna close
the public hearing — we're gonna continue the public hearing and defer first
consideration. To allow for the CZA to be revised and brought back?
Dilkes: Yep, right!
Mims: Cause they haven't signed it anyways.
Payne: Don't we have to do that anyway cause the CZA (several talking)
Dilkes: CZA hasn't been signed anyway, so right.
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Hayek: Okay.
Gordon: Just to clarify the, um, with an escrow, was it 110% of the current estimated cost?
Um ... what ... what we were trying to avoid is ... is that cost burdening the project
now, again, for a street that...
Hayek: ....(laughing) put it in at that rate.
Gordon: Exactly! That ... that may or may not either need to come out later when
the ... when the parkway's built or never be used if the parkway's not built. If we
have to escrow, we might as well just build it and ... you know ... so, but ... so ... so
that was our request for a letter of credit cause that, you know, that's certainly...
the ... the cost of the letter of credit is less than ... than the actual putting in the
road. If we have to escrow, we'll probably just go ahead and put in the road ... I
guess just so ... everybody's clear on (laughs) what the difference is. So, our ... our
request would be a ... urn ... a letter of credit. If... if your... if you're going to do an
escrow, we'd probably just go ahead and build the road.
Throgmorton: Given our experience with this particular development, and given what, um ... uh,
what Ron told us about the experience, the experience we've had with, um, using
the line of credit, in this development, I think we oughta do that. Why not?
Hayek: Yeah.
Throgmorton: I mean, it's ... he's been building down there for 20 years.
Hayek: No, I ... I know! I know. This is where we get into a level of, uh (both talking) of,
you know, of...of scrutiny that I'm not very comfortable with, uh, you know.
Throgmorton: Work it out! (laughs)
Hayek: So... (several talking and laughing)
Mims: Yeah, I guess to me (several talking)
Gordon: ...have it worked out by the 9th I guess.
Fruin: I'll tell you what, we haven't had very many conver... at least our office hasn't
been engaged in conversations at a staff level on this. The CZA hasn't been
signed, so we've gotta come back to you anyway. If... if you... if you would, just
let us, um, work that out at a staff level and negotiate that with ... with Steve.
Hayek: There ya go! Okay.
Mims: Thanks!
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Hayek: Okay!
Dilkes: What about the direction on the cement board siding?
Hayek: Yeah, so we ... we have that, as well. The cement board...
Throgmorton: Oh! I've got nothin' to say about that! I don't know, maybe somebody else does.
Mims: John, can you ... maybe give us an indication... on staff's thinking on the cement
board, please.
Yapp: Uh, the rationale behind that recommendation was ... was to ensure there was a ... a
longer term or durable material on the exterior of the buildings, for the long-term
quality of the ... of the buildings.
Payne: Than vinyl siding?
Yapp: Correct.
Throgmorton: And ... and the Commission discussed this in their meeting, uh, I don't remember
the date of the meeting and they made a unanimous recommendation, I think. 6-0
I think, but I (both talking)
Yapp: That's... that's correct.
Hayek: I'm inclined to leave it as is. Personally.
Mims: I am too.
Hayek: I don't .... see or hear a majority that would want to ... accommodate that request.
Gordon: Okay.
Hayek: So I guess what we should do is this ... let's continue the public hearing, giving
staff the ability to work out as it sees fit this ... escrow, line of credit issue, and
hopefully come back to us, um, with a CZA that everyone (both talking)
Gordon: It'll be signed next time. We'll ... we'll figure that out!
Hayek: Okay. (several talking) Go ahead, Jim, or somebody!
Mims: I'll move that we continue the public hearing and defer first consideration until
February 9th.
Botchway: Second.
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Dobyns: Second!
Hayek: Moved by, uh, Mims, seconded by Botchway. Discussion?
Payne: Botchway?
Mims: Well they both did, I think.
Payne: Oh, okay! (several talking) I didn't even hear him say anything!
Throgmorton: It was Terry Botchway (several talking and laughing)
Hayek: Tie goes to the kid! (laughter)
Dickens: It'd be Dr. Terry Botchway! (laughter)
Hayek: Discussion? All those in favor say aye. (several talking)
Throgmorton: ... I wanted to babble, uh, just a ... just a tiny little bit.
Hayek: Sure, it's only... (both talking)
Throgmorton: ... I doubt that Steve Gordon remembers but ... I voted for annexation, and I voted
for the initial development plan, and the conservation easement back in 1994, and
my sense is that the development has gone pretty darn well since then. So that
influences my own judgment about how to deal with this situation.
Hayek: Further discussion? All those in favor say aye. Opposed say nay. Ayes have it,
and we'll take up 5b again on ... February 9th, I think. Thank you!
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ITEM 6. DUBUQUE STREET PEDESTRIAN BRIDGE OVER I-80 AND
RECREATIONAL TRAIL — APPROVING PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE DUBUQUE STREET PEDESTRIAN BRIDGE
OVER I-80 AND RECREATIONAL TRAIL [IM -080-6(32)244--13-52],
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO
BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel) Uh, for the public's
information, estimated construction cost is about $1.7 million and will be funded
through a variety of sources, including state, uh, funds and local General
Obligation bond proceeds. Anyone from the public? Public hearing is closed.
(bangs gavel)
b. CONSIDER A RESOLUTION
Payne: Move the resolution.
Dickens: Second.
Botchway: Second.
Hayek: Moved by Payne, seconded by Botchway. Discussion?
Throgmorton: I know there's been a brief discussion involving, I think, Ron and a member of
the public about ... I don't know, a crossing at Linder Road. Can you help us?
Is ... am I remembering correctly? Can you help us understand... where that
stands?
Knoche: We have, uh, received a letter, uh, an email from a resident up on Linder Road,
uh, requesting that we provide access from the driveway at the Water Works
facility, around the gate to the driveway that goes back into the back. Um, at this
time, uh, with this trail project being built, I ... I think I would hesitate from
putting that access in. Um (mumbled) any time before this project's completed,
just to see... basically the ... the, um, property owner's, uh, concern or the
resident's concern was as people use Linder Road as a ... as a multi -use path, uh,
basically with, uh, residents coming across from Prairie du Chien, um, that they
wanted direct access into the ... the upper area of the Water Works Prairie Park.
Um ... with the trail in place, um, that connectivity along Dubuque Street will be
there, uh, and we wouldn't necessarily have to provide that access through
the ... the main entrance to the Water Plant.
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Throgmorton: I ... I certainly trust your judgment. I just know that that particular individual is
a ... an avid bicyclist and has been for a very long time. Uh, so ... she knows a lot
about using bikes (laughs)
Knoche: Sure! I ... I understand that, and I'm not saying that we won't entertain that, but I
would like to wait to see what interaction the trail users have before we make the
improvement to provide direct access into the front door of the Water Plant. In
off time, in off-peak hours.
Hayek: Thanks, Ron! Further discussion? Roll call, please. Passes 7-0.
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ITEM 7. SYCAMORE STREET - CITY LIMITS TO SOUTH GILBERT STREET,
PHASE 1— APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE SYCAMORE STREET - CITY LIMITS TO SOUTH GILBERT
STREET, PHASE 1 PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK
TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE
FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel) Estimated
construction cost on this is $3.2 million and will be funded by General Obligation
bond proceeds and a funding agreement with the School District. Anyone from
the audience? Public hearing is closed. (bangs gavel)
b. CONSIDER A RESOLUTION
Dobyns: Move the resolution.
Mims: Second.
Hayek: Moved by Dobyns, seconded by Mims. Discussion?
Payne: I do just want to say that I am opposed to this, not the road being built itself,
because I know we have to do that for the school, but I'm opposed to the
roundabouts that are being constructed with it, due to ... the fact that roundabouts
are intended to move traffic and there will be pedestrians in and around the school
and I cannot see that the roundabout is ... um ... meshes very well with pedestrians.
Hayek: Further discussion?
Throgmorton: I ... I had a conversation with, um, some friends this morning a ... about the design
of this roadway, and I think I got it completely wrong in my discussion with my
friends, so I want to kind of restate something, Ron, and you tell me if I've got it
right this time ... please? I'll ... and I'll go slowly so I don't kind of get everybody
confused. So as I understand it, South Sycamore would be a ... a 34 -foot wide
urban street section, with curb and guttering, 11 -foot wide travel lanes, with 6 -
foot wide marked bike lanes, and 8 -foot wide sidewalk on the west side, and a 5 -
foot wide sidewok... sidewalk on the east side. Do I have it right...
Knoche: That's correct.
Throgmorton: ... this time. Oh, yippee!
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Knoche: The ... the bike ... (both talking)
Throgmorton:... so wrong this morning!
Knoche: ...the bike lanes themselves are actually measured from the back of curb, so
the ... the bike lanes themselves were 5 1/2 foot wide but ... but it's a 6 -foot total to
back of curb.
Throgmorton: Great. We also had a discussion about, uh, Michelle's concern about, uh... kids
walkin' to school across that, uh, roundabout, and uh, I don't know, one of the
things we discussed during the work session was the possibility of...the wisdom
of having, uh, having, uh, staff carefully observe trav... uh, driver's behavior and
school children's behavior in the first few weeks, after the school's opened and
the roundabout's being used, so that we know whether there is actually a problem
there? And if there is we gotta deal with it!
Payne: If and when the school is ... I shouldn't say that. When the school is used ... for
children walking to school. Not if they're going to get bussed, as Ron stated at
our work session.
Throgmorton: Right.
Payne: It makes sense to do it then.
Throgmorton: Yeah. Thanks!
Hayek: Thanks, Ron. Further discussion? Roll call, please. Uh, passes 6-1, Payne in the
negative.
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ITEM 8. UNIVERCITY SALE, 1128 MUSCATINE - RESOLUTION
AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 1128 MUSCATINE AVENUE.
a. PUBLIC HEARING
Hayek: This is a public hearing. The hearing is open. (bangs gavel) This is another one
of the UniverCity sales related to a property rehab done on Muscatine Avenue.
We have somebody from the audience.
Throgmorton: (mumbled) ... Ginalie Swaim.
Swaim: I just had one question on this. It's in the title of Item 8. It's 1128 Muscatine.
Karr: The comment is incorrect. The comment ... the address in the comment is
incorrect. It is 1128.
Swaim: Instead of 1111 E. Burlington.
Karr: Yes!
Swaim: Okay, thank you!
Hayek: Thanks, Ginalie! Anyone else before I close the public hearing? The hearing is
closed. (bangs gavel) Passes 7-0.
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ITEM 9. LEASE PURCHASE HARRISON STREET PARKING FACILITY —
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION OF A MUNICIPAL PARKING SYSTEM
REVENUE LEASE PURCHASE AGREEMENT IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $16,000,000 FOR THE LEASE
PURCHASE ACQUISITION OF THE HARRISON STREET PARKING
FACILITY
b. CONSIDER A RESOLUTION
Mims: Move the resolution.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion?
Throgmorton: Uh, I want to say something that probably has been said before, because we sort
of have considered this in one way or another several times. Uh, I really don't
like the idea of the Sabin School building being demolished, but (laughs) I
understand there's this train of contractual obligations, and therefore it's going to
come down, and a parking structure will be built in its place, with the townhomes
around it. I mean, I totally get it. I just really wish though that building was not
going to be torn down.
Mims: I just think it's important... since you mention it, to acknowledge that the City
had nothing to do with that. That was ... well, I mean ... (several talking) that was
an arrangement between the University and Midwest One and FEMA, uh, all
those negotiations, so...
Hayek: And the School District decided to vacate that building.
Mims: Yes!
Hayek: I remem... I was in third grade I think when Sabin closed. I remember the kids
...coming into my school. Anyway, I think this is a good project. Uh... Jim's
comments notwithstanding, uh... given what we, uh, faced down there. So... any
further discussion? Roll call, please. Passes 7-0.
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ITEM 10. SABIN TOWNHOMES DEVELOPMENT AGREEMENT — RESOLUTION
APPROVING A DEVELOPMENT AGREEMENT WITH A&M
DEVELOPMENT II, LLC FOR THE SABIN TOWNHOMES
MULTIFAMILY HOUSING URBAN RENEWAL PROJECT.
Hayek: We need to get this on the floor.
Mims: Move the resolution.
Dobyns: Second!
Hayek: Moved by Mims, seconded by Dobyns. Discussion?
Davidson: Mr. Mayor, with the lateness of the evening, would you like me to briefly walk
through the projector just answer questions? However you would prefer to do
that!
Hayek: How `bout a very brief walk through.
Mims: (laughs)
Davidson: Okay!
Hayek: How `bout a run-through of the project? (laughter)
Davidson: A run-through! All right, uh, here's an image of the proposed project. Let me
just real quickly... here's how you ... you can see how the entire site lays ... lays
out, and I think it's important to consider, um, the ... the three elements — the new
office building, which is under construction right now, and then the, uh, parking
facility, which in your previous item you just approved, and then the townhomes
which are the yellow L here, reverse L I guess, um, as ... one ... Comprehensive
Planned development that ... that all fits together. There will also be a, uh, above -
grade connection, uh, between the office building and the, uh, parking facility.
No dedicated parking spaces, but there ... there will clearly be parking for ... uh,
permits issued for people in the office building and that, uh, connection will just
facilitate that a little bit. Um, the images then, here you see Dubuque Street
looking to the west. You can see the, uh, the Courthouse, uh... in the background
there. Um ... these are stacked townhomes. They are constructed as townhouses.
It is not an apartment building. There is no common areas. There are no long
corridors or hallways. Uh, each unit does have an entrance, uh, on Dubuque
Street. You can see the double doors here. Uh, there's then a stairway that goes
up, uh, and as I said, they are stacked. This is a unit and this is a unit, uh, and
I'll ... I'll run through (coughing, unable to hear speaker) Here you can see a little
bit better, uh, panorama. The entrance to the parking facility. Uh, this is Harrison
Street. Uh, this is Dubuque Street, uh, looking to the south there. Uh, here's the
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new office building that's under construction right now. So you can see the
townhomes basically provide a fagade for the east and south, uh, edges of the
parking facility, which incidentally if we were to have put a fagade similar to
what you see here on the north side onto the, uh, facility, uh, the architect's
estimate that would be approximately a $1 million expense for us. The TIF
request that you're being asked to consider, uh, tonight and has been approved by
the Economic Development Committee is slightly under a million dollars. So
about a wash in terms of what we would, uh, expect to have spent to put a ... a
fagade on the building. Uh, we can refer to ... those are all the images I brought,
but we can refer to those. Uh, the request that you have before you is to approve
the development agreement, uh, which includes a TIF request, uh, from the, uh,
developer A&M, uh, for a, uh, $976,277, um, TIF rebate. This would be
structured as a rebate. As I've noted in the ... is noted in the cover memo that you
received, uh, we did have to recalculate the, uh, TIF rebate period. We had
neglected to take out the three affordable units, which will be part of the project,
and that extends the TIF rebate period from 11 1/2 years to, uh, 12 1/2 years. Uh,
so one additional year. A ... after that point then, uh, according to the schedule we
have right now, the ... then the full taxing, uh, the full taxes would be released to
the County, the City, and the School District. Uh, real quickly then, it is 28
townhomes, as you see in the illustrations. Um, the townhouses will be
individually leased or owned. This is part of a condominium regime. Uh, it has
to be part of a condominium regime, uh, for the ... to be constructed as ... as
basically a single project. Uh, these units will have back doors so that you'll be
able to park right at the rear of your facility. Uh, something that we don't know
of any other, uh, building in town that has that, so that'll be a ... a marketing plus
for the project. But it does require the condominium regime. We have a
condominium regime at Tower Place right now that's worked very well, where
we own the parking facility and the individual commercial spaces are ... are owned
separately, and ... and this'll be similar, other than it's a ... a residential project, of
course. The total project cost is approximately $7 million. As I mentioned the
TIF request, $700, uh, excuse me $976,000 — that's approximately 12%, so
compared to some of the other projects we've brought to you, a relatively, uh,
modest TIF request. Uh, three of the units we have negotiated as part of the
agreement, three of the units will be ... well, we have a cou... we have a couple of
scenarios. Our first preference is for them to be sold to the, uh, Iowa City, uh,
excuse me. The Housing Fellowship I guess is the correct name now. Uh, if
that's unable to be executed, they will then look for another affordable housing
developer, and again, the intent here is for them to be, uh, occupied by people
meeting the requirements for 80% of med... county median income, or below, and
then if that is unable to be met, the developer is responsible, and he has two years
to comply with this. The developer would be responsible for contracting with
someone, or else himself, uh, leasing them to people that met those, urn ... uh,
those income requirements, and ... and justifying that to us, explaining that to us
and providing evidence, uh, on an annual basis for the duration of the TIF period.
But our hope is that the Housing Fellowship'll purchase the units. They just
simply can't commit to it yet until all of their, uh, funding is in place. Uh, let's
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see, I noted the TIF increment. Um, I won't go into detail about the City
Council's adopted strategic plan or your economic development policies, but we
feel the project is very consistent with what we want to see in Riverfront
Crossings, introduces a new housing type that is not targeted for students, uh,
inevitability is that there will be some students live here, but the marketing, the
design of the units are not intended for students, and there is certainly a lot of
interest in what we would consider the workforce housing market in these units.
think Midwest One Bank's intends for some of their, uh, middle level people to
perhaps, uh... um, occupy these units, and that they'll be priced, uh, accordingly.
To ... to summarize then, A&M Management has requested the TIF rebate in an
amount $976,277, approximately 12% of the project cost. Um ... at the end of the
TIF period then the full taxation will be released to the three taxing entities. Uh,
the proposed TIF expense is approximately the same, slightly less, as the
estimated $1 million expense to construct a fagade on the building if the
townhomes were not there. And the recommendation of staff and the City
Council's Economic Development Committee, uh, was to approve.
Hayek: Thanks, Jeff! Any questions?
Throgmorton: Yeah, uh, help me understand what you mean by fagade in this particular context?
So ... what do you have in mind when you say it would cost a million dollars to
build a fagade or...
Davidson: Sure. We ... since our original two parking ramps, the Dubuque Street and the
Capitol Street parking ramps, which have very little fagade treatment to them.
We have tried to do better in designing parking facilities that in spite of their very
large scale fit more into the context of downtown, and now Riverfront Crossings,
and so we would never leave a, um, unadorned fagade on a parking facility, and
so what we did, Jim, is we took ... we had the architect take what would be a
similar fagade material here, um, done in a manner that wouldn't just be a ... a
blank similar, uh, fagade all the way down the block, but would be, you know,
have some variation to it, uh, and again, the ... the attempt would be to make it...
try and fit more into the context of this neighborhood. That expense was
approximately a million dollars.
Throgmorton: Okay. Thanks. That's helpful.
Hayek: Thanks, Jeff.
Payne: And ... and not only would you ... we have the expense of the fagade, we'd have the
expense of maintaining the facade on the whole thing... forever, or...
Davidson: Right, the maintenance... the maintenance of this will be the condo association, of
which the City will be a part.
Hayek: That's a good point!
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Davidson: Anything else for me? Thank you!
Hayek: Anyone from the audience?
Clark: Good evening, Sarah Clark and I'm actually not going to speak, um, either for or
against the TIF but I do want to just highlight this is a perfect opportunity to
highlight, uh, something that I read in the Economic Development, uh, Committee
minutes about this specific proposal. I think back in, uh, December Stn, um
towards the end of the minutes, um, Mayor Hayek, um, expressed either ... I'm not
sure if concern's the right word. I was not at the meeting. Where, saying well,
what is to keep this from turning into student housing, and Mr. Davidson just
alluded to that, just a little bit ago. Well, um, actually there are some ways to do
that, if you're interested. As much as people want to say that it's going to be for
maybe retirees or ... you know, young professionals or whatever. Um, another Big
Ten university, uh, town, Madison, Wisconsin, actually does have something on
the books, and has it stood up, um ... where, um, the name of the owners on the
deed for the property must actually reside in the property. Um, and because I
noticed ... I'm not sure what the cost of all the units will be, but it sounded like the
ones that they're hoping to sell to the Housing Trust would be $190,000 a piece,
and in that ... my direct experience just in my own neighborhood, um, in the last
several years, $190,000 doesn't stop parents from buying houses for their children
while they're going to school. Uh, directly across the street from me on Brown,
and behind me on the alley there are two houses, um, and um, if...mom, dad, and
child who's going to school and living in there are all on the deed, well then, all
three of them have to live there. Um, if mom and dad are on the deed, um, and
mom and dad are not living there, that's not allowed in Madison, Wisconsin. So
that's just something I want to throw out there, that you can consider. There are
actual ways you can, um ... have a little bit more control about who's actually
residing in the units that you're hoping for, and we all do want a healthy mix, and
this is not an anti -student thing at all. But, uh, there's tons of student housing
down in that neighborhood already, so ... just wanted to throw that out there.
Thanks!
Hayek: Thank you. Very interesting!
Payne: One ... one thing to comment on that $190,000 is the cost to construct the unit. So
they're selling those units at cost, and that's ... that actually, that cost that the
developer would make is rolled into the TIF, that they're not making on the sale.
Clark: Cause I do know at least one of the houses in my neighborhood that's
occu... purchased by parents and occupied, the sale price was $250,000. So it's a
model. Folks can figure it out. It works for them financially; they can do it.
Hayek: Thank you!
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Mims: Are there enough Council Members that would be interested in having staff
research ... (several responding)
Hayek: I'd have some interest in looking (several talking) Eleanor may have a ... opinion
already.
Dilkes: Yeah we can ... we can get you a memo on it. I ... I think we've looked at that, um,
similar issue in the past, and (several talking) issues of State law that are gonna...
the Supreme Court's interpretation in some other cases.
Botchway: Eleanor, change State law! (laughter)
Hayek: Okay, further ... (several talking) Let's stand ... focused here! Further discussion?
Botchway: I guess the question I have is, and how does this ... we vote on this and then the
staff comes back with a memo? I mean, that's...
Hayek: The ... well, voting ... (several talking) What ... let's say Eleanor were to come back
after that... after researching this and say we could do it. It would not apply to
this. We're voting on this tonight. (several talking)
Dilkes: Right.
Mims: I'm asking because we've got the whole north side, which I mean Sarah alluded
to.
Dilkes: Right. I assumed that was a bigger issue (both talking)
Mims: Yes, that's ... (several talking)
Hayek: And that'd be a good thing to wrap into the ... work session we're gonna have on
nuisance issues (several talking) expectations of property. Does that answer your
question though, that it would not apply (both talking)
Botchway: Yeah ... yes.
Hayek: Further discussion?
Throgmorton: Yeah, so um ... I think you all know that TIFs are not a slam-dunk for me, even
though I used to play basketball. Never did dunk though, even in (laughs)
Botchway: That was really awkward! (laughter)
Throgmorton: (laughs) Oh, come on! I tried.
Hayek: Were you on the 69, 70 Knicks, with Bradley?
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Throgmorton: Yeah, actually I was!
Hayek: Okay! Saw an ESPN documentary on you the other day!
Throgmorton: Yeah, so here's what I think. Uh, inclusion of three affordable units, uh,
hopefully managed by the Greater Iowa City Housing Fellowship is good and
worth ... worthy of public support. Moreover the TIF expense, as Jeff has alluded
to and that's why I asked this question, is equivalent to the cost of the City
building a fagade on the parking facility. Furthermore, I seriously doubt that a
private developer would build non -student oriented residential... units here, absent
a public incentive. There's a complication, and although I'm not a huge fan of the
building's proposed design — I'm really not! Uh, now come on! Um, I do think it
has a reasonable mass and scale for the area. So on the whole, I'm going to
support this.
Hayek: Further discussion?
Mims: I just think it's a great project for Riverside... or, for Riverside! Riverfront
Crossings.
Hayek: You make good points though, Jim. I want to recognize those.
Mims: Yeah.
Hayek: Roll call, please. Passes 7-0.
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ITEM 11. REVISION TO TAXICAB - ORDINANCE AMENDING TITLE 5,
ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2,
ENTITLED "TAXICABS," IS AMENDED TO PROVIDE FOR THE
REGULATION OF RIDE SHARING SERVICES OPERATING VIA A
WEB BASED APPLICATION SYSTEM, TO REQUIRE THE CITY TO
ISSUE IDENTIFICATION CARDS, TO ELIMINATE THE EXCEPTION
FOR DISPATCHING FROM A LOCATION OTHER THAN THE OFFICE
FROM MIDNIGHT TO 6:00 AM, TO REQUIRE COLOR SCHEMES, TO
REVISE THE DEFINITION OF DESTINATION RATES, AND TO
REGULATE SHARED RIDES. (SECOND CONSIDERATION)
Payne: Move second consideration.
Mims: Second!
Hayek: Moved by Payne, seconded by Mims. Discussion? Is there anyone from the
audience? (several talking away from mic)
Adams: Uh, good evening again. Adel Adams, uh, American Taxi. Uh, the
issue... presented to you this time I think this is the fourth time the same proposal
come to the City Council (unable to understand) for some reason but uh, this time
they ask to pass it for the last sexual assault problems. Uh, but ... the first time I
talk to the police about this, uh, proposal, I told him this cost us money, and still
(unable to understand) for the safety. Yes, we (unable to understand) safety. But,
if we ... pass this thing (unable to understand) and dispatcher and coloring the cars,
all this cost us money. So we want (unable to understand) safety and cost. All we
got to lose our business. And I told them about the sexual assault, why not we
just built good database and if any victim come, say somebody assaulted me, so
they look through that database, you can know who is a drivers, rather than come
to the driver at home and take DNA (unable to understand) something we don't
need. Uh, the other issue ... of the same... also... the other thing was Uber. So,
still I am confused if Uber come to the city, they don't have offices, they don't
have, uh... uh, dispatchers. Obviously they don't have color. (unable to
understand) color and Uber doesn't have color. So it ... it's going to be more
complicated than it is now. So now we are fine. We work with (unable to
understand) every years, and uh, they brought this proposal every year (laughs)
and it didn't pass the next year coming. This year it was the police. Next year
maybe it was the CIA. But uh... I'm not support it now. I encourage you to... not
to pass it. Thank you.
Hayek: Thank you for your comments.
Bradley: My name is Roger Bradley. I manager Yellow Cab in Iowa City. I apologize, my
voice is a little scratchy tonight. Um, just a couple brief things we'd like to add,
uh, to a recent letter we sent to the Council. Um, just to reiterate, we still don't
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understand why, um, there needs to be two types of taxicab companies. Um, we
feel that the code could have been written to accommodate... business models, but
have it so that, you know, there's not different rules between the two types of
companies, and therefore, not subjecting some companies to certain costs that the
other ones would not, uh, be subjected to. Um ... one thing that we noticed in the
code is it no longer provides, uh, for rates, uh, it no longer provides for extra
passengers, um ... this is something that we've been allowed to charge, you know,
for ... well, since I've been in the industry in Iowa City, which... since 2002, um...
the problem with that is, you know, extra passengers do cost us a little more. Uh,
the heavier the car the more fuel it burns. Uh, in addition, we ... field a number of
different types of vehicles, sedans, mini -vans, and a large 10 -passenger van, uh,
simply to accommodate crowds. You know, there's a lot of people who have six
people that need a mini -van. Uh, those are a little more expensive to operate.
Um, they're not as durable, uh, they cost more (clears throat) excuse me, more to
paint than a sedan, and without being allowed to recoup that cost, for the extra
passengers, it'll probably just eventually get hooked onto the entry fee, which is...
means if you don't have extra passengers, you're going to be paying it anyway,
you know, for something you're not really using. Um ... in the, um ... another
thing, in the language, um ... where, uh, dealing with, um ... shared rides. You
know, two different people using the same taxicab. Uh, one thing it does not
allow for, it specifically says ... that, um, and let me just read a quick portion. Um,
no driver shall pick up an additional passenger at any point, after the taxi ride
begins. Um, that is disallowing something that happens every day. Um... say a
mother calls a cab and says, you know, we're gonna ... I want to go there, but in
the meantime I want to swing by the elementary schoo ... school, pick up our kid,
uh, you know, or something like that, or you know, and uh... couple people want
to go out, um, they only really want one taxicab. They don't want to have to, you
know, wait, you know. So one guy gets in the, says on the way we want to pick
up a friend and go downtown with `em. Um ... with this language, that's not going
to be allowed. And... there... it is not rare at all. It is very common for ... um,
people to request stopping and picking up someone additionally. I mean the
...legitimate rides. I'm not ... I'm not talking about bar rush, you know, cramming
as many different parties in at once. But we're talking about legitimate rides here,
and that language should be ... we feel should be changed to accommodate for
those instances. Um ... I believe everything else we ... covered in our ... our letter to
Council. Thank you!
Hayek: Thank you for the comments. Others from the audience, if any? Okay, Council
discussion.
Payne: As far as what he just talked about as the second, or multiple passengers. I guess
when I read it I didn't interpret it that way. I didn't interpret it that if you have
three people they can't all three get in the same cab and be taken to the same
place, that you can't ... it ... this ... sem... stemmed from ... a request from the
University Liaison that you can't be driving down the road with one person, pick
up somebody else, and that somebody else then know where the first person live.
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I mean it was supposed to be for a safety reason, right? But I didn't read that the
...that it read that way.
Hayek: Is that subsection H?
Dilkes: Yeah. That's my understanding.
Payne: So you're... you're interpreting different than they interpreted it? That was ... it
wasn't the intent of what he was saying.
Dilkes: You can have more than one pas... passenger at the start of the trip, correct
(several responding)
Payne: But what about the idea of...I live at my house and we want to pick up somebody
on the way that it ... that is at the beginning of the ride, yeah, we want to pick up
my friend at ... this location and drop...
Andrew: That would be disallowed (both talking)
Payne: That would be disallowed? Okay
Botchway: ...but what if you're... so, now I'm, I guess I'm startin' to spice it a little bit.
What if your origin is a person's house. You get out and then you decide to get
back in with the two people to another origin. That would be okay.
Karr: Your... you never left the first place.
Andrew: Basically you settle up at the end of that first destination...
Karr: And you start a new one.
Andrew: And you start a new ride.
Botchway: Yeah!
Andrew: ...is basically what you're (several talking)
Hayek: Yeah, I think it's a fair concern though, I mean, if... if, and I've done it before
where you say, you know, I live farther from downtown than you, friend, so I'll
jump in the cab first, we'll stop by and get you and head downtown. Maybe the
same destination. It's just that someone was picked up halfway into the trip. I
don't know that that was our intention. If...if that's a reasonable interpretation
of... of the drafted language.
Mims: Right, I mean to me the intent was you don't pick up strangers along the way.
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Andrew: Right.
Karr: But you could in that (both talking)
Dilkes: ...correct. You ... you would have to end one transaction and...
Karr: ... and start a (both talking)
Dilkes: ... transaction.
Mims: Under the way the language (both talking)
Karr: So one person would get in; you would go to another destination; end that
transaction, and then ... that person and a friend would start a new transaction to
get to the other location.
Mims: Okay! So let me ask this question. Do you see from... staff point a way to maybe
adjust the language that would allow ... what he's talking about, where you want to
stop and pick up a friend on the way ... yet still allow the protection that we're
putting (both talking)
Dilkes: (unable to hear)
Andrew: And we struggled with that some when we were coming up with this language. It
was very difficult to find a way that would disallow what Rex's concern was, but
would still allow what is somewhat common place and basically we found that the
public safety concerns were such that, um, it was ... a small price to pay I guess to
put it that way that, um, that type of ride sharing wouldn't be allowed.
Karr: We were also concerned about the face-to-face contact of anyone saying `do you
mind if I jump in' (several responding) and the fact it would be difficult to say no
in inclement weather or... and so that the whole safety was a primary concern. It
was better to end that transaction... than try and distinguish between.
Andrew: Right. And then you have interactions where one of the parties may be
intoxicated or maybe there's a language barrier or ... multiple things. Maybe the
passenger just doesn't feel comfortable saying no.
Mims: ... saying no.
Andrew: Maybe they feel some social pressure to say that it was okay. So that was what
we struggled with, putting that language together.
Mims: Okay.
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Andrew: But overall we think that it's an important... concern for public safety that, you
know, we address what, um, Evan brought up at the last meeting.
Hayek: I was thinking about the... the... the converse, which would be two people leaving
downtown... and the cab dropping one person off at location A and the second at
location B. I think that's covered here. It's...
Mims: As long as they get in together!
Hayek: A little convoluted because you're resetting your ... your fares. I'm not enamored
of that either. Um ... it's quarter to 11. (laughs)
Mims: And is it ... (several talking in background) and I can't find this in the language at
the moment, but on the rates ... does the new language not allow them to charge
for extra passengers?
Karr: Because there's no shared ride. (several talking)
Dilkes: No, no ... not at the beginning.
Karr: Not at the beginning. You could charge it at the beginning.
Mims: Okay! So in other words, if... so in other words if they're picking up one person,
they can charge one rate, but if they're picking up five people they can charge
different rate. Because they can charge for the extra four people.
Dilkes: That's my understanding.
Mims: Okay.
Throgmorton: It's important to be clear about that. I can see Roger out there kind of...
Hayek: We can't hear you when you're back there. So if there's anything (several
talking)
Mims: They're not interpreting the same way. So...
Dilkes: What ... what's the intent, Simon?
Andrew: The intent was that ... as Evan expressed, two... unacquainted passengers,
essentially. One person's being dropped off, therefore the second person knows
the address and ... um...
Mims: (both talking) Yeah, I ... okay, yeah, but I'm going ... I'm going to Roger's first
point was that their interpretation of the language is that if I understood you right,
Roger, that the new language does not allow them to charge for extra passengers.
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So if they get a call, whether it's picking up one person or six people, they would
be charge ... they would have to charge the same. They couldn't charge extra for
the additional passengers. Am I ... phrasing that (several talking)
Dilkes: ...that, Roger?
Bradley: It says in the code that rates are based by distance or time, or a combination
thereof, all other rates, charges, fees, except for cleanup fees, are prohibited.
Dilkes: But ... but that's not a change from the existing rule.
Bradley: I thought the existing rule said except for extra passenger stipulations and cleanup
fees. Is the code that (both talking)
Dilkes: ...in terms of the details of this, I'm going to have to have Sue here. I
can't... unless, Simon, you can answer the questions. (several talking)
Andrew: In terms of the way code is currently structured, that I'd have to defer to Sue,
but...
Karr: We can ... let, we can respond back to that.
Andrew: Yeah, we can respond, uh, to Roger's question but (several talking)
Hayek: Listen, I'm looking at section H here and it says if.. if you've got two more
passengers with the same origin, and... different destinations, uh, if they all leave
from the same point of origin, and they expressly agree to share a ride, you charge
the first driver... you can charge the first passenger to get out of the cab for that
first leg, and then you charge the next person to get out for that leg, and the third
for that leg, which I think goes to your point of you can't... you're... you're
basically charging one person rates, even though you're taking multiple people
around in a vehicle.
Botchway: But how would you ... if you, so ... in your scenario if you have three people, you
would charge them all the same rate to get to that destination. (several
responding) Right. That isn't, but that isn't (several talking)
Hayek: ...it talks about resetting the meter. So I...
Payne: But we're talking about going to the same destination, starting at A and going to
B, not C, D, and E.
Botchway: I ... I guess that's where I'm confused, cause I guess I'm reading it as you have
three people that get in the car. You charge the rate that it would take to go to
destination B. It then resets the meter for the two people that are left in the car,
and then you go to destination C, and then resets the meter for the one person left
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in the ... car, and then you go to destination D. I don't see where you're losing
(people talking in background) the money there.
Mims: Well, here's my suggestion. It's... going on 11:00 and... Sue's not here, who was
(several talking) involved in this. Should we defer it, or should we do the second
reading (several talking)
Dilkes: Hold on one second!
Mims: Okay! (people speaking in background)
Dilkes: Yeah, I think that's what we're going to have to do (several talking)
Hayek: Okay. So let's either defer or ... or do second. We still have a third and final
reading.
Throgmorton: I ... I don't want to vote, unless we're clear about ... this point, so we (both talking)
Dilkes: I'm going to have Sue here at the ... at the formal meeting. She was here for the...
for the work session and there were no questions asked and... she's not here. So I
will have her at the ... um, formal next time.
Hayek: Okay.
Karr: So the ... you're not inclined to give it second consideration, cause it is going to
affect the dates that are in the ordinance.
Mims: Yeah, let's give it second and then ... and...
Payne: But if we substantially change the langue we have to start all over anyway.
Karr: You'll (both talking) That's correct. You will.
Hayek: So ... what Marian's saying is if there's a chance we would not substantially
change it, why not keep it moving, so that third and final can occur.
Mims: Yeah. I'd say let's keep it moving and then if we have to either start over... we
have... then we'll start over (both talking)
Hayek: It's six one, half a dozen, and we might as well have that ability, if for some
reason we conclude that no revisions (both talking)
Mims: Or that they're minor, maybe they're just...
Hayek: ... or that they're minor. You okay with that?
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Throgmorton: Not especially but I'm not especially happy with the alternative either so...
Botchway: Did we answer or address the questions that happened the last time, at the last
meeting?
Andrew: Um, there was a memo in the Info Packet that addressed them, but um, I'd be
more than happy to answer any questions about `em. And we have Captain Hart
here, as well, on the enforcement (both talking)
Throgmorton: Nothing was changed in the ... in the draft ordinance, in response to those
questions.
Andrew: Correct.
Throgmorton: Correct?
Andrew: Correct.
Dilkes: (unable to hear)
Hayek: I ... I was satisfied with the ... with the staff response, and by the way, I thought
that was a very well written letter to us, uh, so kudos. Exceptional writing, quite
frankly (laughter) um ... (several talking and laughing)
Dilkes: Let me just tell you this. Based on what I am seeing, I would not interpret that to
mean that ... you could not charge for an extra passenger... that came on at the
same time. When I'm looking at the language here. It ... it ... and I think that's
consistent with the intent. The ... the existing ordinance talks about, you know,
you can do it based on time, distance, and the only other thing, I think Roger's
right, can be, um, an extra passenger. I don't think there was any intent by the
committee to change that structure.
Andrew: Correct.
Dilkes: Is that accurate?
Andrew: Correct. The intent of the first ride ending and then the second passenger was that
you weren't charging full freight, essentially, for two unacquainted passengers for
the full ride the whole way. That you weren't treating them each as individual
rides.
Hayek: Is ... is the distinction whether they're acquainted or not? As opposed to ... two
people who know each other and get in with different destinations or ... whatever.
Andrew: Right.
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Hayek: So ... I'm going to suggest we do second consideration. If we ... and ... and let's
clarify this at our next work session. Worst case is we ... (noises on mic) start
from scratch, or we do third consideration so we can get the rest (both talking)
Dilkes: ...good plan and I won't be here alone next time! (laughter)
Hayek: ...because the only other thing we can go is ... is go ahead and enact this, you
know, so that we can get these other important safety measures underway.
Karr: I think too many people are looking at the old and new and seeing what's absent
and making an assumption.
Mims: Okay.
Hayek: So ... okay! Uh, further discussion on second consideration? Roll call, please.
Passes 7-0, but stay tuned!
Karr: (both talking)... accept correspondence.
Mims: So moved.
Payne: Second!
Hayek: Moved by Mims, uh, seconded by Payne. Discussion? All those in favor say aye.
Opposed say nay. Motion carries.
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ITEM 16. CITY COUNCIL INFORMATION.
Hayek: Kingsley? Start with you!
Botchway: Please ... um ... apply to commissions. I think I say it at least every meeting.
Apply!
Hayek: Jim?
Throgmorton: Sorry, I wasn't paying attention. What did you....
Botchway: I just said please apply to Cit commissions.
Throgmorton: All right, yeah, uh... I think I just wanted to mention that, um, Susan and Kingsley
and I went to a fine event at Grant Wood Elementary yesterday as part of Martin
Luther King Jr. Day, uh, and Royceann Porter organized a whole bunch of stuff
and a lot of people got awards and it was good to see!
Mims: Uh, just letting people know that on ... January, Wednesday, January 28th at 5...
starting at 5:30 there will be a planning session for the Riverfront Crossings. I
believe that's at Terry Trueblood, um, presentation at 6:00. So encourage people
to attend.
Dickens: Just want to thank, uh, the Senior Ad Hoc Committee that was here many hours
ago, and thank them for their service. Uh, also thanks to everyone that came to
our equity meeting. Uh, we ... very good turnout and it's a good start!
Payne: Nothing!
Dobyns: Nothing.
Hayek: And nothing for me.
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