HomeMy WebLinkAbout2017-06-06 TranscriptionPage 1
Item 2. Proclamations
Item 2b Pride Month — June
Throgmorton: So let me read that proclamation. (reads proclamation) Is there someone who
could accept the proclamation please? (mumbled) You could make a statement if
you wanted to, but you don't have to. Yeah! Okay! (applause) (several talking
in background)
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of June 6, 2017.
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Item 3. Consider adoption of the Consent Calendar as presented or amended
Throgmorton:.... and the person who makes the motion should note that....we're gonna remove,
uh, remove Item 3d(6), concerning Riverfront Crossings Park Phase One for
separate consideration.
Botchway: So moved.
Dickens: Second.
Item 3d(6) Riverfront Crossings Park, Phase 1 - Resolution awarding
contract and authorizing the Mayor to sign and the City Clerk to attest a
contract for construction of the Riverfront Crossings Park, Phase 1 Project
Throgmorton: Moved by Botchway, seconded by Dickens. Uh, roll call. Motion carries 7-0.
So, item 3d(6), Riverfront Crossings Park Phase One (reads item description)
Mims: Move approval.
Botchway: Second.
Throgmorton: Moved by Mims, seconded by Botcbway. Juli Seydell Johnson!
Seydell Johnson: Hi! Very excited. I'm always excited to talk about this project, but, um, got
bids in for this project. They came in very well, so we're recommending, um, that
we award the contract to PCI for the base amount, plus alternates 1 and 2. So, let
me walk you through the master plan, if we can, uh, dim the lights so
that .... remind you what's in this space. Um .... the Phase One, first of all, includes
creating the five -acre wetland piece, although it does not include the bridge that it
shows here. Uh, that became a bridge to kind of nowhere without the trail
connections to it. Um, Phase One includes the realignment or the changing of the
creek and the clearing of the creek. So if you are, um, sitting over here and
looking out right now you see all the trees along the creek. That's a lot of scrub
trees. Those'll be coming out with the project, so you'll be able to see out into the
new park from the other side of the creek. Um .... Phase One was included .... at
first the trail here along Highway 6, including a .... a box culvert crossing of the
creek, all the way to Gilbert Street. Um, and then another alignment of the trail
through the park. We know this is one of the most heavily traveled trails in Iowa
City, bicycle trails. Um, with the bids coming in the way they did and accepting
the first two alternates, we'll be able to add the rest of the trail section that you'll
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regular formal meeting of June 6, 2017.
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see here along the west side, um, sorry, follow this way up and connecting, and
then the north entrance with the circle drive and the parking area. Um .... I forgot
to mention the bridge at Second Street is included in Phase One. One thing the
other alternate that we bid was the third crossing of the creek up here at First
Street. We decided not to accept that at this time.
Throgmorton: Okay! Any questions for Juli?
Mims: Just excited to see it getting going!
Throgmorton: Yeah, I'm very pleased to see that we're able to include alternates 1 and 2, uh, so
we got a good bid and we're taking advantage of it, right? Yeah. Excellent!
Anything else?
Thomas: Just wanted (clears throat) to note that the completion is summer of 2018, is that
right?
Seydell Johnson: Yeah. We, uh, most of the work will be done this fall. Then we're just not
sure if the seeding will be able to be done before the winter comes. So the
seeding may take place in the spring. Um, the playground will be bid later this
summer, I forgot to mention that, um, and that construction would be either late
fall, early spring. Just depends on the weather we get at the end of the season.
Throgmorton: Thank you. Any further discussion? If not, roll call please. Motion carries 7-0.
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Item 4. Community Comment (items not on the agenda)
Throgmorton: So, if anybody would like to address any item ... any topic that's not on the formal
meeting agenda, please feel free to do so now. Like to ask you to limit your
comments to not more than five minutes, and state your name when you come up!
So ... uh, would anybody like to address us? Yes, ma'am! (laughter) Good
evening!
Dorfman: Good evening! My name .... my name is Lorraine Dorfman and I was appointed to
the Senior Center Commission this year. So I'm here to sort of update you on
some of the things that have been going on in the Senior Center lately and that are
planned for the near future. Um, one is that we sponsored a, what's called a
SAGE table, roundtable, urn .... potluck last month, uh, in observance of National
SAGE Day. SAGE is ... just to remind everybody, a national organization, um,
that's an acronym for Services and Advocacy for LGBT Elders. And so the ... the
idea is to encourage interaction between that particular group of elders and other
people in the community. Uh, and uh, a .... according to our Coordinator, it was...
it was pretty successful. We would of. ... we would like a larger turnout last .... the
next time, but it's a beginning. Another thing we did, uh, was participate just this
last weekend, uh, in the concert in the Iowa Arts Festival, uh, downtown. Um....
uh, another thing is, uh, because Elder Services in town, um, Elder .... Elder
Services agency has had a significant staffing reductions. We've taken over the
distribution of the food coupons for the Farmers Market and the first distribution
was on June 2"d, just a little while ago, and 35 people came to get the coupons.
Our guess is that there'd be more people in the future. Um, but I think 35 is a ... a
rea... a significant number. Um .... and then some updates about, uh, some of the,
uh, structural things, uh.... uh, improvements that are going on at the Senior
Center physically. Um, one of our exercise rooms, Room 103, that's used for
various fitness activities is going to be remodeled shortly. I don't have an exact
date, but I've been told it's shortly. Uh, it's now carpeted. It's going to be, the
floor is going to be turned into hardwood flooring. There's going to be painting,
scraping of the walls, repainting the cracks and so forth. Some pretty ragged
bookshelves sh... shelves are going to be eliminated (laughs) I don't know if
anything's going to go up in their place. Um, and then, uh, upstairs, uh, some of
the classrooms are getting new window treatments and urn .... finally we have
already done some replacement of having bigger tables, uh, in the classrooms to
seat more people, because some of. ... there's really very high demand for some of
our classes and we've really not been able to seat people very comfortably. So
that's just sort of a ... an update of some of the things that are going on. Thank
you!
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Throginorton: Sounds great, Lorraine! Thank you. I think I saw one of the classes this
afternoon, uh, I saw some people doing, uh, learning about how to do perspective
type drawing, uh, there were like five or six people out on the street, trying to
figure out how to do that. It was fun to see. Think that was the Senior Center
folks. Anyhow, thank you, Lorraine! Anybody else? Okay, so, uh, hearing...
seeing no one else who wants to speak, let's turn to Item 5, the Planning and
Zoning Matters.
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Item 5. Planning and Zoning Matters
Item 5a Rezoning Prairie Hill — Ordinance for a rezoning to amend a
Preliminary Planned Development Overlay (OPD) Plan for 7.8 acres of
property located West of Miller Avenue and South of Benton Street. (REZ17-
00007) (First Consideration)
a) PUBLIC HEARING
Throgmorton: Before I open the public hearing, I want to ask if anybody's had private
conversations with anybody about this rezoning and needs to disclose them
publicly? Uh, seeing no one, uh, I'll open the public hearing. (bangs gavel)
Hello, John Yapp!
Yapp: Uh, good evening, John Yapp, Development Services. Uh, in 2015 the City
Council approved a planned development for the Prairie Hill, uh, development,
uh, which was proposed as a 33 -unit, uh, co -housing development. It is under
construction, uh, as you can see from .... from these photos, and this is the plan,
uh, that was approved. Uh, this is Miller Street and Benton Street is to the north.
Uh, recently the, uh.... applicant proposed a ... a small change to add, uh, three
units, uh, to the development. One additional unit in what is called the `common
house,' which has some units on the second floor. Uh.... and two additional units
by changing this, uh, duplex to a four-plex. Uh, in addition, that triggers a few
more parking spaces, uh, on the site as well. Everything else about the
development is .... is consistent with what was approved in the past, uh, other than
the three additional units and ... and the changes in parking. Uh, staff recommends
approval. Planning and Zoning Commission recommended approval.
Throgmorton: Thank you, John. Any questions for John? Hearing no questions, I need to ask
whether, uh, anybody on the Council, uh, would like to sort of vote in a way
differing from the Planning and Zoning Commission? I see nobody so okay ... so
I'm going to close the public hearing. (bangs gavel)
b) CONSIDER AN ORDINANCE
Botchway: Move first consideration.
Dickens: Second.
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Throgmorton: Moved by Botchway, seconded by Thomas. Discussion? I'm glad we're doing
this, uh, it seems to be compatible with what the folks who are doing this
development want to do and it's, uh.... it, uh, fits well with, uh, with their
proposal. So .... roll call! Motion carries 7-0.
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Item 5. Planning and Zoning Matters
Item 5b Rezoning Deluxe Bakery — Ordinance conditionally rezoning
approximately 3,440 square feet of property located 812 S. Summit Street
from Low Density Single Family Residential with Historic District Overlay
(RS-5/OHD) to Neighborhood Commercial with Historic District Overlay
(CN-1/OHD). (REZ17- 00006) (Second Consideration)
Throgmorton: This is second consideration, but the applicant has requested expedited action.
Again, I need to ask if there are any ex parte disclosures that need to be made?
Mims: I did stop and talk to Jamie Powers after our first vote, simply to, uh, indicate my
support for the project. That was about the extent of the conversation.
Botchway: Did you have a (both talking)
Mims: Oh yes! I bought some stuff while I was there! (laughter and several talking)
Throgmorton: Okay, uh, does someone want to make a motion to waive second consideration as
the applicant has requested?
Mims: I move that the rule requiring that ordinances must be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, that the second consideration and vote be waived, and that
the ordinance be voted on for final passage at this time.
Dickens: Second.
Throgmorton: Moved by Mims, seconded by Dickens. Discussion? Hearing none, roll call.
Motion carries 7-0.
Mims: Move final consideration at this time.
Dickens: Second.
Throgmorton: Moved by Mims, seconded by Dickens. Discussion? Hearing none, roll call.
Motion carries 7-0. Uh, apparently there's been correspondence. Could I have a
motion to accept correspondence, please?
Botchway: So moved.
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Dickens: Second.
Throgmorton: Moved by Botchway, seconded by Dickens. All in favor say aye. Opposed.
Motion carries.
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Item 5. Planning and Zoning Matters
Item 5e Rezoning 202 N. Linn Street — Ordinance conditionally rezoning
approximately 4,550 square feet of property from Central Business Service
(CB -2) Zone to Central Business Support (CB- 5) Zone located at 202 North
Linn Street (Corridor State Bank Property). (REZ17-00004) (Pass & Adopt)
Throgmorton: Again, has anybody.... does anybody need to make any, uh, ex parte disclosures?
Thomas: Yeah, I attended a porch gathering, um, Memorial Day weekend with, uh, some
Northsiders. Um, by name they would be Beth and John Rapson and Diana
Harris, John Brandon, Susan Shullaw, Sarah Clark, Amy Kretkowski, Dan Kinny,
Puja Birla, Charles Stanier, and Heather Widmayer. We discussed the ... the
project.
Dilkes: Let me just ask one question. Was there anything of substance that you learned at
that meeting that is not already of record?
Thomas: No.
Throgmorton: Anyone else? Uh, I also was at that Brown Street block party. I talked with, I
don't know, four or five, six people at the most. Uh, had very brief, uh,
conversations where they started discussing the topic and I said, `You know, I
have to disclose this publicly if you go further into it, and I'd rather not have to do
that.' So they stopped and I walked away. Also, let's see now, somethin' else. I
went to Ross Nusser's, uh, good neighbor event at the Library on May the 25th
and attended, I don't know, the first half, Ross, and ... and, so I heard what people
were saying during that good neighbor meeting. Okay! So, um .... we have a
motion on the floor, do we not? So....
Mims: Move adoption.
Botchway: Second.
Throgmorton: Oh! So, moved by Mims, seconded by Botchway. Would anybody like to
address this topic, um ... I know we've held our public hearing, but I think it's
really important to be able to hear from people. So .... if anybody wants to address
the topic, please do so, and keep your comments to not more than five minutes,
please. And state your name when you first come up!
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Priest: My name is Mark Priest. I'm just excited about what our City's doing for the
Northside, and the merchants are ... and the neighbors, are really coming together
and this is a corner that everybody's ready to see something happen. So, thank
you for your interest.
Throgmorton: Thanks, Mark. Good evening, Nancy.
Bird: Hi there! Nancy Bird with the Iowa City Downtown District. Write my name
down here for a second. Uh, thank you for taking additional comment. I just
wanted to express the support on behalf of the Iowa City Downtown District. I
think that's been a given moving forward, but, um, Ross has done everything
possible to reach out and to get a really good understanding of what kind of
support there is for redevelopment of that site. Um, as you know it's important to
add supply downtown. There's a lot of interest in additional commercial and
residential opportunities, and this is essentially, um, an underutilized in -fill site,
so I think it's the right use at the right time. Um, the .... the, um, the Northside
neighborhood, the merchants and a number of the other neighborhoods, as Mark
mentioned, have been coming to meetings to ... to talk about what's appropriate in
this area and there's a ton of support. So we really appreciate, um, your, um, you
know, listening and ... and support for the project, as well. I think it's the right
scale and I think as far as form -based code, and I know that's under... under
review right now. Form -based code on the Northside seems very appropriate and
if this is the type of scale that ... that is, um, chosen down the road, uh, we heard at
a meeting this morning when we were talking about other things that some of the
businesses were asking. It seems to make a lot of sense to rezone the entire
neighborhood, the Northside element, so that it's not one by one by one that we
have to keep coming to Council. So, um, the scale seems to really work and Ross
has done a lot of hard work and we really want to support him. So thank you for
your consideration.
Throgmorton: Thank you, Nancy.
Nusser: I'm Ross Nusser of Urban Acres Real Estate. Uh, just wanted to give a quick
update to the Council. We had a good neighbor meeting since we last met. Um,
I've spoken to various neighbors and I got a very interesting history lesson from
Mary Ellen Potocheck and that was .... that was pretty eye-opening, that I did not
know the full history of this neighborhood as.....as much as I thought that I did.
Um, I had gone to the State Historical Society to do some research on this
neighborhood and it was very.....very interesting. Furthermore we had a good
neighbor meeting on May 25a'. That meeting was very productive, and we were
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able to gauge feedback. That will not be the last good neighbor meeting. We got
a decent amount of feedback there, but I would still like and encourage more
residents as we go forward, urn, to give more feedback, especially as it relates to
the aesthetic of the building. Um, one of the things that we incorporated in one of
the new renderings is a corner cut that .... (mumbled) came up, uh, last meeting
and talked about. Also solar on the roof is now incorporated into that, as well as
the green space is clearly designated. Um, I .... I met with the Northside SSMID
district this morning and had a very nice conversation. I would like this not to be
the end of this project. It will very likely be the case that I will be coming back to
you, especially as it pertains to the rooftop terrace. So with that I just wanted to
give Council an update. I'd also like to say thank you very much for the past
support from everyone, as well as, uh, City staff has been exceptional. So if there
are any questions, I will gladly take them. Otherwise .... (mumbled)
Cole: How many people attended the good neighbor meeting?
Nusser: I think that it was about 20. (several talking in background)
Throgmorton: Anybody want to ask Ross any questions?
Fruin: From the last meeting, um, Ross, if you wouldn't mind elaborating on the senior
housing component (both talking)
Nusser: Yeah, absolutely! So .... uh, one of the things that I've been a strong advocate for
during this entire process is se ... is senior housing. Um, and ... what I have stated
this entire time is that two floors should be dedicated to senior housing. That is
not able to happen via a bizarre HUD rule. And the HUD rule states that 80% of
the building has to be senior housing, if it's 55 -plus, or there's another one where
it's a little bit greater age and it has to be 100% of the building. The way in which
I intend to address that because I cannot (difficult to hear speaker due to noise/
speaking in background from phone connection) put any sort of covenant (unable
to hear)
Mims: Pauline? Pauline, we're getting an awful lot of noise from your end.
Taylor: Oh! Okay! Sorry! (mumbled)
Throgmorton: That seems to be a lot better, Pauline. Thanks!
Taylor: Okay.
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Nusser: So .... since I cannot legally discriminate for half of this building being senior
housing, the way in which I intend to address that is that I will do everything to
make these units accessible for seniors, including wider doors, wider hallways.
Um, the elevator will be a huge component there. Electrical switches and making
every bathroom handicap -accessible. Uh, it ... it's .... it's a very .... I'm very
committed to this idea. I cannot come right out and say these will be age -
restricted housing.
Throgmorton: Okay.
Nusser: Thank you.
Mims: Thank you.
Throgmorton: All right. You're not speaking again, right, Mark? (several talking and laughing)
Okay! Anybody else? All right, seeing no one else, uh, Council discussion?
Thomas: I just wanted to .... to mention a few things here, and I, you know, I continue to
support the project but I will say that I've, um, I still have lingering concerns
about the size of the building, and it ... with that concern, uh.... spent some time
over the last several weeks. We had a three-week break, uh, looking at how CB -
10 has been addressed in other parts of Iowa City. There are other .... CB -5 zones,
which.... which occur in the vicinity of the downtown. I've looked at that. I've
also looked at, um .... the, you know, pertinent rezonings in the Northside itself
and I'll .... I'll just try to briefly go through those. You know, Jim had mentioned
at our last meeting, uh, references in the .... the Central District Plan, which we're
....we're really quite explicit about the size of any new projects, uh, that the
community felt would be appropriate, and .... and basically what it says was
`encourage two to three-story buildings that would, uh, be consistent with the
existing Main Street commercial character of the area.' So that .... that, as I recall,
Jim, was your focus. Um .... so I'd like to add to that, uh, what I found over the
last, um, several weeks. First was ... was a rezoning on Linn Street itself, uh, with
the Northside Bistro, which is in 2014. It was the ... the first CB -5 zoning north of
Market Street. Um, Linn Street is .... north of Market is CB -2, uh, the Northside
Bistro wanted a change in the parking requirement to allow for restaurant use, and
so what .... what ended up happening there was the, um, concerns about future
redevelopment of the property, if the historic property were ever destroyed led to
City Council approving a conditional zoning agreement requiring that any
redevelopment shall comply with the CB -2 building standards. This was in our
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staff report of April 60. So ... so what this suggests to me is that the, you know, the
recommendations, uh, of the Central District Plan were conformed with, with this
decision, that any new development north of Market Street, uh, in this instance,
uh, was consistent with the .... the goals of the Central District Plan. I also looked
at the Northside Neighborhood form -based code, urn.... video, um, on City
Channel 4. There was a second meeting in May, last month, at Horace Mann
Elementary and ... and part of that analysis was looking at our existing codes
within the study area, uh, which include a small amount of CB -5, and so Opticos
went through and indicated what some of the strengths and weaknesses were of
the various codes and... and thus looked at the CB -5 zone. One of the weaknesses
that they stated was that the CB -5, uh, could... could yield results that are not
aligned with the existing context, and that Optics would like to help the City
implement a simpler way to achieve the neighborhood Main Street scale called for
in the Central District Plan. Uh, so this... what.... what they referred to there was
taking our existing zoning categories and... and the term that form -based coders
often use is `calibrate.' So you .... you have a zone here in this case of a CB -5.
How do you get it to better align with the existing conditions? Now what... what,
uh, Opticos is recommending we don't know, I mean, this is an ongoing study.
They were just looking at...at....at issues that they felt, uh, were .... would need to
be addressed as they move forward, but there was this .... this concern that CB...
CB -5 zoning could yield results that wouldn't align with .... with the existing
context. Uh.... the last thing I would mention .... was the CB -5 zoning on Iowa
Avenue between Gilbert and Van Buren Street. Um, in this instance, uh, the CB -
5 zoning was amended to incorporate form -based code standards from the South
Gilbert District, uh, which was intended to achieve a better fit in that transition
zone between the downtown core and the eastside neighborhoods. So here we
had a CB -5 zone staff felt in order to make that fit again, you know, the .... how do
we calibrate the CB -5 zone to create a better fit in that ... in that zone? In that
area?And so what ended up happening, and you can see it on the Whistler
development is that the standards required a 10 -foot wide, uh, building step -back
above the fourth floor. So it goes up four floors, steps back 10 -feet, and then the
fifth floor is ... is setback. What .... what I also began to .... what ... what that
suggested to me is, well if ..if our building on .... on the corner of Linn and Market
is five stories and there's no step -back, what subdistrict would apply?
How ... what, where could you build such a building in the Riverfront Crossings
area, and the only, um, subdistrict would be the South Downtown District. So
that too suggests to me the .... this question and concern about is .... is CB -5
without any conditions appropriate on this comer, if the only place you can do
that in Riverfront Crossings is the Southtown .... Downtown District, which is
essentially an extension of the downtown. So what ... what this, where this leaves
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me is that... like Jim, um, I do feel, and ... and we're dealing with a conceptual
plan, which is another complicating aspect of this, uh, you know, which is not tied
to the, to our rezoning, would be to condition the CB -5 zoning, and I would
suggest one of two ways. Jim mentioned, uh, four stories, four-story height limit.
Uh, and ... and there what I would say is that the .... the basis of that would be the
comer emphasis treatment as a one-story over the two to three stories that are
recommended in the Central District Plan. A ... a second option would be to take
the approach taken, uh, along Iowa Avenue, and that would be to allow five
stories, with the condition that the fifth floor would be stepped back 10 -feet. Uh,
there's been mention in this analysis that, uh, in rec.... in the discussion of this by
staff that the .... the precedent for five stories is the four-story building to the
south, the High Ground building, which if you include the roofline, is very close
to the overall height of the five -story proposal. Um, that ... if we really are using
that as a reference in order to .... to set the building height of ..for this, you know,
for the comer to the north, the ... the appropriate way to do that would be to step
back the fifth floor, and that .... that would establish that same angle of setback
that the roofline on the High Ground building has. Otherwise, you know, you're
building a five -story building, from .... from the back of sidewalk straight up.
(clears throat) So those were ... those to me seem to be the two options, but .... as it
stands with CB -5 without any conditional, um, conditions applied to it does seem
to me to be inconsistent, uh, not only with the Central District Plan but these
various other conditions and .... and, um, studies that are made in various locations
that relate to CB -5 zoning, uh, and so .... again I totally support the project. I view
this as kind of a.....a, you know, a calibration, uh, a minor modification to the
building form in order to get it better into alignment with the conditions, um, at
that location.
Throgmorton: Can I ask you a clarifying question or two? Uh, I tracked most of what you said,
but I didn't track the first recommendation you made with regard to a possible
condition....
Thomas: Right.
Throgmorton:..for the rezoning. Could you restate it and ... using different words?
Thomas: Well there were two options as I see it. One was the option you suggested, a four-
story height limit. Uh, the second option would be allowing a fifth floor, uh, but
stepping back the fifth floor 10 -feet, uh, similar to what was done with the
building on Iowa Avenue, which is conforming to the, uh, South Gilbert
Subdistrict within Riverfront Crossings. Um, and that that would better capture,
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if the intent is ... is to capture the character of how High Ground works, that
building, uh, you really need to step back that fifth floor to do it, uh, because
otherwise your .... your fifth floor is coming right up to the .... to the property line.
Throgmorton: Well the idea of attaching conditions raises issues but, uh, which we might need
to get into. Let's hear from other people though and find out what people are
thinking.
Mims: I'm gonna continue to support the project. I think .... I think it works there. I .... I
think you raise some interesting points, John, that ..... that might be relevant for
future discussion on the CB -5, but given where we're at right now, and I think
with the height of the High Ground building, um, I .... I don't see .... and
particularly that corner cut now that they're talking about doing, I don't see this as
being, um, incompatible with that area. So I'm gonna support the project. I think
additional housing, um, I .... I like the idea that certainly the effort and .... and
dedications there for the senior housing, although obviously Ross has to be a little
bit more careful about how he does it in terms of HUD rules, um, but I think again
it continues to revitalize a very -much underutilized piece of property on the
Northside.
Cole: So what is the HUD rule? (noises in background, difficult to hear speaker) What
is the HUD rule, in terms of (loud noise in background)
Taylor: Sorry! (laughs)
Cole: ...in terms of how it pertains to senior housing, cause that was actually a huge part
of my support of this project. So it's illegal as it was currently proposed to have
those two floors set aside or deed restricted to more than, urn ... 80% or how ... how
does that rule work? (both talking)
Dilkes: The Fair Housing Act prohibits discrimination on the basis of familial status, i.e.,
you can't prohibit children (both talking)
Cole: Yes!
Dilkes: ...and, um, but there's a `housing for older persons' piece exception to that act
(both talking)
Cole: Okay.
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Dilkes: ...which allows you to do, um, deed restricted housing for 55 and older.
Cole: Okay.
Dilkes: But the HUD regulations talk about you can't .... cause the idea is to have a single
community or facility....
Cole: Yeah.
Dilkes: ...um, you can't take a single building and carve it up. You know, i.e., one floor
for senior and, um, .... but they have this 80/20 rule that they use, 80% of it has to
be, at any one time, occupied by someone, one person at least 55.
Cole: So if there were more than 80% seniors, you could do it, if it (mumbled)
Dilkes: I .... I haven't got into the details of that legal analysis, but I think it can be tricky,
uh, because if you dedicate 20% of your units to, um, people who don't ... who
aren't 55 and older....
Cole: Yeah.
Dilkes: ....then if you .... and you always have to have 80%, if someone who is the 55 year
and older resident dies, and their heirs or surviving spouse does not meet that
criteria, then you have fallen below the 80% thru... threshold. So I think, as I
understand it, it can be tricky to ... to maintain that 80/20%.
Cole: Okay.
Botchway: Yeah, so I would agree, I mean the senior housing component was a huge, um,
piece of mine as well, just because I've heard from a lot of folks, I say a lot of
folks. Couple of folks, one that were mentioned previously, um, that have been
interested in kind of that downsizing and moving toward something closer to
downtown. So I still think there's a need. Um, I will say I'll support this project
as well. I think that, John, you bring up some good points about the, uh, I'm not
necessarily inclined with the CB -4 height limit but I did like the, um, kind of idea
around kind of the 10 -foot step -back, um, as it pertains to that. I just....for me it's
a process piece, and when I say .... again, so I can clarify what I mean by a process
piece is that, you know, when we .... we kind of go down this road, um, it's ... it's
tough enough getting people to, you know, know what the process is, and we
make changes to the process, I think, right in the middle of it. I .... I just have a
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fundamental kind of disagreement with that from, you know, more of a systemic
and inequality standpoint than maybe just this, but kind of you know expanding it
from not only that but this, I just think it's .... it's just .... but right now I would be
willing to consider if we were kind of talking about this previous to it, but since
we are at now the third consideration, or pass and adopt, I .... I'm ready to move
forward on this project. I think that my feeling though is, if we're going to, I
mean, since you brought up this kind of example and discussion and some
inconsistencies, I think that right after this discussion, or sometime in the kind of
after -meeting segment, after we get done with this, we just need to say that this is
something that we'd like to do from a Council standpoint moving forward, so we
can get something on the books and do something like that because I do think, I
mean it's .... you bring up and you've done some research around it, that it...it is an
issue that, you know, I think needs to be addressed. I just don't see doing it right
now as being the most feasible thing. Not only from the community standpoint,
from a process standpoint, but also for, um, the respective, you know, developer
kind of trying to do it and work with him on the (mumbled) or the.....
Mims: Current rules.
Botchway: Current rules .... that, and restrictions that we have. So, I'm supportive. I'm
excited, I mean .... yeah, after I just said all that kind of concerning, negative stuff,
uh, I am excited, I mean, not to say anything about Corridor National Bank ... State
Bank property. It's amazing bank property; I don't bank there, but .... urn, it's just,
to me it's an eyesore that needed something else, um, and uh.... I think that this
will do it, and I hope that it activates, I mean I used some of your language — it
activates the street. Um, walkability standpoint with the residents who are there,
and I know that many of you, including myself, you know, um, frequent that, uh,
the High Ground location or other locations in that area and ... I think that it'll just
do more to kind of bring the Northside into a different type of discussion with the
surrounding area, but also people that want to go there as well, so I'm excited!
Dickens: I'm .... I'm gonna support it. I would echo what Susan said, and most of what
Kingsley said (both talking)
Botchway: Everything that I said! (laughs)
Dickens: Well (laughs) Anyway, I think it's a great project. Uh, I just think Ross has a
little bit of a project of trying to, uh, market it to the seniors, uh, I know you can
market it to it but don't have to exclusively sell it that way, but that .... that's a big
component in there and I ... but I .... I, everything else about the project I like. The
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height doesn't bother me because of the ... the height across the street. It is a
comer piece of property, but I do think, like John says, in the future that we look
into the setbacks and other .... other items in that area.
Cole: I gotta say I ... I came into this meeting supportive of the project, and it's a very
close call, but the senior project was a huge part of it, and I hear what you're
saying, Kingsley, in terms of. ... I'm always extraordinarily reluctant at the third
stage. You know, developers base their development projects on expectations,
predictability, and consistency. So I completely understand that. But, you know,
we've talked a lot in the past about the 11 °i hour and so we're really on the cusp
here of learning and .... and passing this, and we learn 10 minutes ago that the
central component .... I almost viewed it almost as like a density bon ... bonus type
concept, where we were gonna get a commitment to senior housing in this area
and now we have no legally enforceable mechanism to do it, other than
marketing. Um ... you know, I don't know that that's good enough for me at this
point. This was a, um, central part of this. This is something that we learned 10
minutes ago. Um, I could reconsider that, but .... at that p .... at this point, I'm
having a lot of concerns. Um, I can't say I would never consider it again, but...
I'm havin' a lot of concerns about where we're at at this point. I think especially
in light of the fact we have yet another project that does not comply with the
Comprehensive Plan, um, in my view, especially related to the specific
recommendations as to height. Um, you had mentioned, John, for example, the
Bistro location where they had a CB -2 concept and they were able to upzone to
CB -5 to avoid the parking requirement. That could be something that could...
that I could really look at, um, if the parking requirement is what's going to
prevent this from re .... being redone, but ... (clears throat) the senior housing piece
of it, the fact that we learn about it now in the third reading, um, this is the sort of
information that we need to learn about at the first meeting. So I .... I'm inclined
not to support it at this point.
Fruin: I'd clarify one .... one item. There is .... with the first reading, there was no
condition on the senior housing. Uh, that was something that the applicant said
that he was, uh, hoping to explore, um, but the ... at least the staff recommendation,
what went through P&Z and was presented to you at the first reading, uh, did not
require, uh, senior housing. Um, I think that the, uh, part of the reason, uh, in
addition to .... to meeting the demand that's out there, that the applicant wanted to
pursue the senior housing is because there were some parking benefits to do so.
So if you could meet a segment of the market and also, um, benefit from some of
the .... the relaxed parking restrictions for those types of units, it was kind of a
win-win for him. Um .... the height of the building, and this is .... this is part of the
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discussion that we had at the staff level when we were, uh, determining, uh, how
best to make our recommendation to Planning and Zoning and ultimately to you,
um, just because it's CB -5 doesn't mean it can achieve its maximum height, and
that's gonna go, you know, any of the ... any of the CB zones that we have. You
have to look at the site constraints. You have to look at the applicant's ability to
park, uh, the units that we're looking at. Urn .... uh, you have to consider all the
floor area ratio, um, bonuses that they can get and what they're eligible to and
what not. So you.....you've got to be a little bit careful comparing this particular
property to say the Northside Bistro property because the square footage of the
lot, the different, um, unique, uh, considerations of those different lots could yield
two very different products on that site. What you can achieve on the Northside
Bistro, should that building ever be razed and ... and rebuilt, could be very different
from what could be achieved on .... on this particular property. Um, given
the .... the constraints that, um, is ... that ... that are contained on the Central State
Bank property, I think it's gonna be very challenging and the applicant knows
this, to get five stories, particularly if there's not an ability to, um, deed restrict
the senior housing. Even if he's able to market the, urn .... the units to seniors,
he's not gonna get that same parking benefit, and he's already workin' really hard
to meet the .... the parking requirements of the, um, of the residential units. So,
urn .... don't just think that he can go as ... as high as he wants
because.... particularly with this property, you can't park more than six or seven,
and .... (noises in background from phone connection) and if this ... this were to
pass at the third reading today and .... and, uh, he can achieve what he wants to
because of the parking, he may come back to ya and say, okay, here's.... here's
the new concept and here's what I'm willing to do, but I can't .... I can't finagle
the parking. Is this something that you want to look at, Council, and I think
that's, um. .... could .... could potentially be a likely scenario, um, based on
whatever revised concept comes up, but getting back to my first point, um, staff
felt CB -5 was appropriate without any conditions because a lot of the site
constraints and we did not recommend any conditions on the senior, uh, housing
component.
Throgmorton: Pauline, did you want to express a view?
Taylor: Yes actually I do and, uh, to be perfectly honest, uh, my votes previously I was
originally drawn to the (mumbled) concepts of the whole, urn ..... uh.....plan, in
particular for the senior housing aspect of it and just to sort of change the scenery
on that comer, but I lost sight of the actual request, which was, uh, the rezoning
and the impact that that change might have on that neighborhood, and uh, I've
driven by there a couple of times since, just to kind of get a feel of it, and ... so I
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realized why three readings are necessary on these kinds of things because I'm
inclined at this point to, uh, change my vote and go in the negative, um, because
obviously P&Z had, uh, they weren't unanimous on their approval. They had
some concerns, and another concern of mine is like the transition from downtown
to the Northside neighborhood. I think, you know, the taller buildings are
downtown and there should be more of a transition from there through ... into the
actual neighborhoods and I can't see that, although if. ... if I (mumbled) saw the
plans, final plans, in front of me that said it would be four stories, or four stories
with the set -back, uh, perhaps I would change my opinion, but as I think
(mumbled) the last couple times, we don't really have a .... a plan design, a final
plan design. So I'm inclined, uh, this time to, uh, to not support this.
Throgmorton: Okay, thanks! So I wanna ask our, uh, City Attorney a question. Uh, it could be
that there's sufficient votes to deny this re .... proposed rezoning, if we vote
tonight. I'm wondering if it's possible to defer action on this, to give, um, Ross,
the applicant, uh, time to consider the comments that have been made, uh, during
this discussion, and ..... I suppose come back to us with a more definitive
statement about what he intends to do. Uh, an alternative, uh, would be to, uh,
if...if in fact there are four votes to deny it, an alternative is to .... uh..... I ... I guess
ask .... ask for, um, a .... a resubmittal. I know you gave me an email about this,
Eleanor, but it's .... uh, we .... we'd have to, um.....um, you know, attach a
condition to the rezoning and that .... that it, uh, attach (both talking)
Dilkes: I can explain that.
Throgmorton: Yeah, thank you. I'm stumbling over it. Thank you.
Dilkes: That's okay. Um .... so .... in order to attach a condition to the (loud noise in
background from phone connection) and like what you're talking about, a step -
back or a limit on height, that has to be agreed to and a conditional zoning
agreement has to be signed prior to the close of the public hearing. Um, so if
the ... if the notion is that you would be looking for, um .... the, ub.... the ability to
attach a condition, I mean even if you see a concept plan at this point that is more
detailed and more planned out, the .... it won't be binding unless it's part of a
conditional zoning agreement. So, if that's the way you're headed, I think you'd
have to offer a consult to P&Z and then you'd have to reset the public hearing and
start over.
Throgmorton: Yeah, because we already closed the public hearing (both talking) Right. Yeah,
so I'm just wondering if there are two possible directions we could conceivably
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go. One is to defer this vote, uh, to our next meeting, which would give Ross the,
uh, the developer, an opportunity to be more explicit to us about, uh, what he
wants to do, given, uh, the discussion that he's heard. I understand that would not
be legally binding, but I have complete trust in Ross, that he will do what he says
he intends to do. So ... I'm wondering, you know, that's one route. I'm wond... I
think we could go, but I don't know so I'm asking you, and the other is to vote,
uh.... and if it turns out to be 3-4 in favor of the proposed rezoning, then say we
would be, uh, eager to, uh.... receive, urn .... uh, basically a revised proposal that
involves conditions.
Dilkes: I .... I think you're making an assumption, perhaps, that the land is going to be
available to this developer.
Throgmorton: Yeah, I don't know (both talking)
Dilkes: ...and we don't know that.
Throgmorton: True enough! I .... I don't know that. Yeah.
Dilkes: My guess is there's a contingency in a purchase agreement.
Throgmorton: Right, which is why I'm asking these questions, you know, in part.
Mims: I guess my additional comment I would make, Jim, is .... in doing a deferral
and .... and having Ross bring back more information and that you trust that he
would do what he says he's going to do because it won't be legally binding, I sit
here tonight and one, I've known Ross and his family for a long, long time and.,..
I trust that what he says on the senior housing he is going to do. Even though he
can't do it deed restricted the way he had originally hoped to do it, because the
HUD rules don't allow that, so it's a ... discrimination, I think he has with every
action and comment and effort he has made and shown us that he is dedicated to,
uh, making this available to and attractive to and marketing it to seniors, okay?
So for those of you sitting here who said, you know, the senior housing was a big
component of this for you, um, it's never been legally binding since we started
this process and to me he's committed to it. I think he will do it to the best of his
ability. I think we'll get a really good product. I think, you know, we've had
some discussion about, uh, maybe .... maybe from what Geoff has said, and as I
think about it, maybe what we really need is some education as Council Members
about CB -5 and how some of the ... the details work with that in terms of the floor
area ratio and some of those things, so we .... so we understand better how that
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gets implemented. Um.....I trust that Ross is going to do what he says he's going
to do. I don't see how a deferral is going to make any difference, because it's not
legally binding. We never had anything. We never had a CZA. So....
Cole: Well... here.... here's where I think a deferral would be really helpful. Um, this is
information that we got, and by the way, I've been extraordinarily impressed with
how Ross has gone through this entire process, so I don't want this in any way,
shape, or form be construed as me not trusting Ross or the developer or anything
else. But for us to get this information and to be able to evaluate it for two more
weeks, I think that would be helpful. Um, now if. ... if it's the desire to go forward
tonight, um, it's true that that was not going to be a condition of the senior
housing component, but that was represented to us that it was going to be a deed
restricted portion of that. That's precisely because we trust that, that that was
going to happen, urn .... you know, I think it's important to get a little more time to
be able to process this, but that was a lynch pin for me, of this particular project,
and now we're learning that.....that may not be the case, and I think then it would
come down to a market value assessment between.... in the open market as
opposed with a deed restriction. My .... my presumption is it would be more
valuable without the deed restriction than with it, urn .... is that a fair assumption
or am I incorrect on that? (unable to hear person responding from audience) I
would love to, yeah, in terms of the deferral.
Throgmorton: Ross, when you come up you might clar.... please, come on up. I ... I, you might
clarify, uh, especially for Rockne giving... given what he said.
Nusser: No, a .... absolutely! So (both talking)
Throgmorton:.... let me finish!
Nusser: Oh, sorry!
Throgmorton:.... clarify about the senior housing component of it. Are you saying that there
will be no senior housing component? Are you saying that 80% or more will be
senior housing? What are you saying?
Nusser: And ... and that's an absolutely fair question! What I'm saying is that ... I have been
dedicated to the senior housing component, just as you have all been. And ... it
turns out after the last meeting, it was pretty well immediately after, that I found
out that there's this small sub -section of this rule that states this 80% guideline.
My attorney did not catch it. And actually both my attorneys did not catch it!
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And the reason why it came up was in casual conversation with a colleague of
mine. It would have been my option, and I would never do this, but I .... I could of
just not said anything, and .... but I'm not like that. In every step of this pro .... of
this project, I have made it clear that I want community involvement. I want
support, and I want to be a good partner within this community. The options for
me are to appeal to HUD to get a special exception to do the senior housing that I
want. That has to be signed off by Ben Carson. There.... there's no underling
there who signs it off. It's Ben Carson. So it's an inevitable delay on just about
everything with that. I .... I want to still gear this project toward that, but I also... I
don't want to be subject to a fair housing .... law suit. And ... and so my
commitment has not changed, and my commitment to this neighborhood, to the
citizens of Iowa City, and everyone else has not changed. It is unwavering. And
I .... I believe that as I've gone through this process, and may ... maybe not,
but .... but I've been trying to get good community feedback, and I've been
incorporating that into the design. As it relates to the height, last meeting I stated
that it would be very difficult for me to get the five stories. Nothing has changed
there, with ... without the senior housing. Nothing has changed there! Um, this
project, right now .... this is about the rezoning of this land, and .... and like I said
earlier tonight, I will likely be back here in front of you. You are not guaranteed
that, you know, should this go forward tonight, but ... I believe that I have made
every good effort in every step to show this Council, as well as the community,
that I am committed to this community, as well as this project, and I do not want
to do anything that would be burdensome to this neighborhood. Um .... so as it
relates to senior housing, it was a bizarre sub -set of a rule that was missed by
many and ... that I found out and immediately called.
Cole: And I would say too, I'm .... I'm glad that you let us know, I mean, I .... we
appreciate that, um, as far as (mumbled) I mean I guess that's what I would like to
do, the deferral. I need more time to be able to process this. Um ... that was a big
component for me. It may be that with two more weeks of assessment that I
would change my vote, but at this point I'm not inclined to support it.
Throgmorton: I don't know if that's possible for you, Ross.
Nusser: It really is not for me.
Throgmorton: (both talking) ....thought so. Okay.
Botchway: Yeah, so I'm inclined to move forward. Um, you know .... I was gonna....
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Throgmorton: Are you gonna ask him (several talking)
Dickens: Just.... what... what kind of added cost are we talking every time we move this, I
mean if we have to move it you said it's not gonna happen, but I know with trying
to redesign this, I know it's a conceptual plan but to redesign this, what kind of
cost are we talking about to work on a set -back. I know you've worked with your
architects for quite a while to get this ... to this point, and we've got it to the third
reading and suddenly we hear people want to change it.
Nusser: Yeah. So as it relates to set -back or any architectural feature, to me, and it's only
to me, but that's kind of the purpose of my design review, as well as the good
neighbor meetings that I'm having, is I want to get the neighborhood to come out
and speak, and at the last good neighbor meeting, I did not hear comments from
the audience about that, and no one has reached out to me directly. Um, it may be
something where it's intimidation or whatever that they .... they don't want to
immediately address me, but .... I am very open to anyone in this community, and I
want to hear concerns, and that's just not a concern that I've heard. Every
concern that I've heard, be it solar, be it the corner cut, and I .... and I do have a
visual of the comer cut. Um, I ... I've tried to incorporate that in. I can't .... I
cannot please everyone with this building, but I can try and please as many people
as possible, and this is such a fundamental cornerstone, and it's a pillar of the
Northside Marketplace, which is the neighborhood that I love most, and .... this
project cannot be done poorly, and ... and I take that on my shoulders. Um, but
I.....I just haven't heard some of these arguments before. I'm 100% open to
looking at these arguments. However, I would prefer that happen aside from this
process. I .... I cannot move forward whatsoever. Um, should the zoning not be
changed. It....the current CB -2 zoning, and I ... I'm just working within the
framework that's been provided to me, but the current CB -2 zoning is very, very
restrictive to restaurant, as well as retail parking. It's also more restrictive to the
parking that needs to be provided for the residents above. Um, to me, this zoning
change is just the beginning of a very long and very thoughtful project.
Throgmorton: Can I ask you one question (both talking)
Nusser: Yes, absolutely!
Tbrogmorton: If I heard you correctly, you said without the senior housing we can't get to five
stories.
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Nusser: I think that it would be very difficult. I mean I ... I've learned my lesson,
with... with, uh, the bizarre rule of the senior housing, but .... I do not think that it
would be impossible, but it would be very difficult to get to the five stories.
Throgmorton: If your limit was four stories, could you still have two .... two or three stories of
senior housing?
Nusser: (mumbled) four stories.....um.... I don't know the answer to that. What .... one of
the rules that needs to be looked into that I have my attorneys looking into is what
is the project, does that include the commercial, is it just the residential, and that
impacts the way that the building is kind of shaped, as well as how that 80% is
calculated, and .... and to me that's.... and to my attorneys, that's been somewhat
ambiguous. Um, this was just as much of a curve ball to me as it is to all of you,
and when I found that out I .... this whole project had been predicated... by myself
on trying to do it. I .... I do believe.... it's a great thing for this neighborhood, and
it's something that doesn't exist, and one of the things that I looked at the second
that I heard that is I looked at these other cities. I thought that Chicago, New
York, you know, any.... any of the larger cities that have very large buildings,
how do they do this? And .... and the short answer is, I don't know.
Either.... either it's illegal and they just .... decide to go for it and take their
chances, because there aren't that many people who maybe would call that
particular rule out. I ... I don't operate that way, and I .... and I won't operate that
way! Um .... or is it a .... and one of the things I was talking with the Northside
neighborhood, the business owners, about this morning as it related to senior
housing is .... if there is an interest from a group of. ... seniors who want to
purchase as their group these floors, there is nothing that states, as I believe, and
again I am not an attorney, but I believe there's nothing that would prohibit them
from .... leasing to their clientele. So there could be options forward here, but it's
a bizarre small rule that popped up, and I felt prudent to .... to address it.
Throgmorton: Okay! Thank you, Ross.
Nusser: Thank you.
Botchway: Yeah, so I ... I guess I'm .... I'm .... I'm sticking with what I said before. Um, you
know, I .... I will say, um, as I think others have said, that the senior piece was
important to me for .... I think I mentioned that, um, right before, um .... uh, right
before even, uh, this, uh, Ross' questioning, um, but there are other components
and I mean, again, I mean I did focus on the eyesore that is currently there. No
offense to the current bank, but I think that that's something that needs to be
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addressed, and you know, one of the notes I have here is that we're talking about
a developer that wants to address it, and wants to address it in a hon .... in an
honest way, I mean (laughs) That was gonna be my point! That's why I wanted
to get my point out before Ross even got up, because I was gonna say, you know,
you can ... he didn't have to say anything, and my question to you, Jim, was going
to be, you know, what additional information could he come back with in two
weeks in relation to senior housing? I mean he can come up and make a
statement `I'm committed to senior housing,' but he could then not do that. We
don't have anything legally binding saying that, you know, you're forced to do it.
Um, he really put himself in a bind, um, but I think that it was .... it's important for
us, and I don't want to necessarily say.....well, it's important for us to support the
developers. Support people that, you know, want to be honest about this, and also
support people that are actively talking to the community about changes that they
would make, and so I think that again, kind of going back from a process
standpoint, if you know the folks that you talked to or even yourself are interested
in maybe changing that, that 10 -foot set -back or whatever, it sounds like he's
willin' to listen! I don't know too many developers, and I'm not in the developer
crew, um, but I don't know too many developers that would be willing to do that,
or make changes, if...and again, I think I did my ex parte in my first .... the first
reading about my conversation with Ross, but you know a lot of the stuff that he's
talked about now, um, wasn't in that first conversation and so I'm assuming that,
um, you know, those are from the communications from the community, and I....
I .... I will support that type of development, um, and listen to concerns. I mean I
think that, again, I ... I totally agree with you, Rockne. It's a curve ball. Um, I've
been wanting to do senior housing since it was proposed, I think, in another
project, um, earlier when I first started my Council term. Um .... could it still be
done? It sounds like yes. Does it sound like he's gonna continue to try to do it?
Yes. Do I think that the community in general can kind of push him on it? Yes.
Uh, from my standpoint I still think it's a good development, simply for the fact
that it really changes that area, and it's not a gross kind of over -development.
We're not talking about 10 stories. We're not talking about eight stories or seven
stories. There is kind of a bookend there when you look at that High Ground
property right there, that really, you know, is somewhat congruent with what
we're talking about from this building standpoint. So I mean .... I'm .... obviously
you're going to notice a change from a .... a vacant parking lot, but I don't
necessarily think the change will change the nature of that community, simply
because we have a building that's comparable size with the other building right
next to it, so .... I'm supportive, and again, I really hear the concerns from that
standpoint, but again from my standpoint as well, telling a developer that's
listening to the community and willing to change, from the first reading to the
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third reading, what they're going to do, you know, I'd be willing to hear, you
know, that list, but I think that, you know, I'd be willing to support a developer
that's willing to do that, and be honest about it!
Mims: The other thing I would .... I agree with everything you said, Kingsley, and to add
to that, while we got a curve ball thrown at us tonight, like you said, that he could
have not told us about, there's .... he has admitted from the beginning, and Geoff
has concurred with this, that there is gonna be significant difficulty in getting to
the five stories. I think a lot of people are sitting here assuming it's going to be
five stories, and that's not a valid assumption.
Thomas: (both talking) Yeah, I ... I (both talking)
Mims: .... and .... and along with that, it's a possibility. It's a possibility, but it's ... but we
don't know for sure if that's going to happen, so yes. You have to be able to
accept that it will be five stories, if it does end up to be five stories. I get that
(both talking) Let me just finish, if you would please. Um, what I'm really
concerned about, and... and kind of echoing and following with what Kingsley
said, I think we have the potential here for a really, really high-quality
development that fits well within the neighborhood, okay, and it sounds to me like
with the deferral, this is gone. We have no idea what's coming back, if or when
something is coming back. You're talking about adding housing. You're talking
about increasing the tax base. You're talking about adding retail, commercial
space, whatever, on the ground floor. Um, to use Kingsley's words, I don't know
if it's a blighted site, but it's certainly not the most attractive site in the area.
Somebody who's committed to doing the senior housing the best way he can,
even though it can't be officially that way because of the HUD rules, to me... the
risk that we are taking by approving this is absolutely minimal compared to what
...the risk we have by defeating it and in terms of what then ultimately does or
does not happen with that property and the timeframe in which it takes it to
happen. So I .... I think .... I think we're really missing a great opportunity if we
don't pass this. I realize there's a risk! There's some uncertainties there. But
given the developer, his long-time connections in this community, his
commitment to doing well by this community, I ... I think it's a risk well worth
taking by this Council.
Throgmorton: Well I should say some things here because I've been pretty silent and listening a
lot because I feel tom about what I want to do. Uh, most of you know that I voted
last time against this particular proposal, and I explained my vote and I'm going
to repeat some of that right now. Uh, my sense is that the .... that rezoning to CB -
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5 is not inconsistent with the Central Dis... uh, District portion of the Comp Plan,
but going to five stories, uh, which is what I understood would probably happen is
inconsistent with .... with the Central District portion of the Comp Plan, as John
articulated. Uh, it would significantly exceed the two to three-story, uh, limits
strongly recommended or suggested, uh, in the .... in that portion of the Comp
Plan. But also it would, I believe, having a five -story building there, if in fact
that's what happens, uh, would significantly increase market pressure on all the
nearby older buildings and, uh, privately -owned parking lots, but especially at
the .... I worry about the older buildings, increase the market value of them,
increase mar .... the potential that the market would .... maybe quickly, I don't want
to sound.....I don't want to frighten anybody but maybe fairly quickly transform,
uh, key parts of that, uh, specifi.... of the Northside Marketplace. So that concerns
me a lot, and I know that concern was expressed by, I don't know, I guess four
emails we got from various Northside neighbors earlier today. I want to see the
property redeveloped. I admire what Ross has done, especially with regard to his
outreach. I'm completely convinced he's tryin' to do what's right. But there's a
lot of ambiguity, a lot of it, and I really don't like lookin' at a proposed zoning
change with this kind of ambiguity. Uh.... so .... last time I voted no. I'm inclined
to vote no again tonight. I really don't want to (laughs) So that's why I was
asking about whether there'd be some merit in deferring or .... um .... hav.... having
a revised version come back to us as a conditional... with agreed upon conditional
rezoning elements. Uh, but I understand the positive things all of you are sayin'
too. (laughs) I'm really torn about this!
Cole: I would say if there's no deferral, then my inclination is to vote no at this point.
Botchway: So the question is, John, what are your .... what is your vote, cause I'm countin' to
four.
Thomas: Before I say .... what I plan to do, you know, it took me unfortunately
part .... because of the ambiguity that Jim was just discussing, it took me some
time to sort of get through it and say what are we approving and what
there... what's... what is there out there that comes to bear on that decision, which I
tried to outline tonight, which .... which did confirm to me my concerns about the
direction the project could go. Again, we don't know! (laughs) I mean there's a
likelihood that ... that the conditions I would like to a .... I feel should be applied to
the project will end up being applied to the project, but I don't believe that's a
good way for the Council to approve a rezoning. I think, you know, the whole
direction we are taking as a city now is to get away from floor area ratios, get
away from how parking requirements will dictate the size of the building, and
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determine straight away what is the size of the building that's appropriate in this
location. So .... so that's where I felt everything we've been doing over the last
couple of years points in that direction and for some reason we didn't take that
process here. I mean on the near eastside, there was a real effort by staff to think
about how are we going to adjust the CB -5 so it works? And for some reason that
wasn't done on this one, partly because I think there was this assumption that,
well, we may not get five any way so .... we don't need to be too concerned with
it, but .... I .... we don't know that and I ... I feel we don't know it, and as a .... as a
matter of policy, I think we do need to put... what... what's most important and
what was in the Central District Plan forward, and that is what should the height
of the building be? And I personally don't think, particularly the step -back, is a
significant change to the design. You know, we're talking about a change to the
fifth floor. We're not eliminating it. We're stepping it back.
Fruin: To clarify the near castside, um, that was an initiative that we took because, um,
we did not feel it was appropriate to have commercial on the ground floor, which
was required in CB -5. So we looked at the mental health, uh, property and we
looked at the United Action for Youth property and, uh, I think there was a, even
a discussion in these chambers about that and whether commercial, uh,
requirement on the first floor was.....was really wise for those locations. We all
said no it's not. And so in addition to addressing that, we took the opportunity
with the, um... uh, the book being open, so to speak, to put some of those form -
based code components in there, but that certainly was not driving that issue. It
was the commercial requirement driving (both talking)
Thomas: You're right, it wasn't driving it, but it ... in the end, it did....
Fruin: Right!
Thomas: ....address the form, which I think is absolutely critical when we're ... when we
rezoning now, that when we rezone we define the building, and ... not in detail, but
in terms of its ... its shape, its bulk, its height.
Botchway: (both talking) ...three minutes. So my question is, from a .... are we talking, kind
of going back to my process point in the beginning. Is this something that you're
willing to move forward on today and then talk about that from a process (both
talking)
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Thomas: ....I do think ... and again I ... it took my res.... research into this to become
convinced that I .... I am not willing to risk this building being a five -story
building without any modification to it.
Botchway: Okay. So, Eleanor, it goes back to the question that Jim proposed earlier and so if
we were able to do that, what is the .... what could we do from a conditional
rezoning standpoint, cause I think there was two things — the CB -4 height limit
and then also the second one would be the five with the 10 -foot step -back.
Mims: (mumbled) ....process over!
Dilkes: Well....it....it would take time because you have to set another public hear...
]tearing and then you have to have a conditional zoning agreement with that
condition in place before the close of the public hearing. As I understand it, um,
Mr. Nusser is not the owner of this property. He has a purchase agreement to
purchase this property and I .... I suspect the contingency is, uh.... coming shortly.
Um, so I think one of the things that you have to understand, and I don't know the
details about that, but is .... is you may be willing to have that time but he may not.
Um, or the .... or the seller may not. I just .... I don't know, and it ... the property
could be back on the market, could be to different owner, I .... any.....any number
of things could happen. Um, let's see .... it could get a .... it could get a, somebody
who wanted to develop it who was fine with the CB -2 conditions. Um ... so ... I just
wanted (both talking)
Botchway: ...question for Ross then. So is that something that you'd be willing to wait on?
Well I mean ... I don't think deferment is going to get us anywhere, cause I don't
necessarily know what we're .... what we're asking for for deferment and if it was
me in the same position, I would want to be really clear as far as what exactly we
were coming back with. If it's just merely a statement, I mean I think he stated as
clearly as he can that he's willing to do without, you know, telling us he's willing
to do it, but then I guess on the flipside, we are talking about this piece as far as a
setback to be, you know, from a building height standpoint to make it, you know,
a little more attractive from that standpoint. Is that something from a time, um,
situation you can do?
Nusser: No. No. If it ... if it is not approved tonight, um, which would be fine. It's your
own prerogative, but if it's not approved tonight, this project is going to be done.
Throgmorton: All right. So, uh, we need to get off the dime here, which means I need to get off
the dime, uh, which I will. So .... I really benefited from listening to this
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conversation. I don't know if y'all understand how hard this kind of thing is, but
uh..... uh, it's pretty hard. Uh, so what I'm going to do is vote in favor of it. But
I'm going to tell you something, Ross, too. Unr .... I think the building should not
be more than four stories in height. I think higher than that is inappropriate scale.
It's gonna have bad ripple effects through the neighborhood you care about.
Possibly, uh, the kind of setback that John described on the rooftop, or you know
on the fifth floor would work, because it would make the building look smaller
than a five -story building. But I think four stories is probably the best height. I
think you have to have senior housing in it. If you don't, I .... I won't feel good
about that, and I don't think you would either. And .... you know, the .... I don't
know, what ... what do you call it, the diagonal cut at the front door? I think that's
a good aesthetic idea. It's really .... it really would work well for the
neighborhood and for the Northside Marketplace. And.....what else?
Um .... those are the key things I'm thinkin' about, but for me they're really
important. I think they probably should be really important to you. So if you do
in fact come back to us like you said you intend to do, it would please me
enormously, uh, if you would, uh, take what I just said into account and .... have it
affect the design of your building. Okay, any further discussion? Okay, so we
have a motion on the floor, don't we? (laughs) (several responding) Yeah, when
did that happen? 6:30? (laughs) Okay, where are we on this piece of paper here?
Okay, so uh, no more discussion? Hearing none, roll call. Motion carries 4-3. I
understand there's correspondence, uh, could I have a motion to accept
correspondence?
Mims: So moved.
Botchway: Second.
Throgmorton: Moved by Mims, seconded by Botchway. All in favor say aye. Motion carries.
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Item 6. Fireworks Amendment — Ordinance amending Title 8, Police Regulations,
Chapter 5, Miscellaneous Offenses, Section 12, Fireworks: to allow for the
sale of some fireworks, revise definitions of fireworks, and increase the
penalty for use of fireworks within City limits, all in compliance with newly
amended State law. (First Consideration)
Grier: Good evening! John Grier with the Fire Department.
Throgmorton: Hold on, John. Get a motion on the floor?
Botchway: So moved.
Dickens: Second.
Throgmorton: Moved by Botchway, seconded by Dickens. Discussion? John Grier!
Grier: Sorry for my anxiousness! (laughter) Uh, this amendment updates the Title 8,
Chapter 5, Section 12 Fireworks. In May, 2017, Governor Branstad signed
Senate File 489 allowing for the sale and use of consumer fireworks during
defined time periods in the state of Iowa. Basically in around the Fourth of July
and New Year's Eve. Under the new .... new law, cities retain the, uh, the right
to .... right to prohibit the use of fireworks, if the use is determined to be a public,
uh, safety risk or public nuisance. This, uh, ordinance amendment will allow for
the sale and possession of consumer fireworks, which lines it up with the Senate
File 489. (mumbled) definitions of various classes of fireworks, and those are
novelties, consumer, and display. Additionally the amendment updates the
penalty for using fireworks where prohibited, moving it from a .... an unscheduled
misdemeanor to a simple misdemeanor, and making the.....setting the fine at a
minimum of $250 ... uh, $250. Finally, the amendment.... continues the ban of use
of consumer fireworks within the city. Uh, the novelty fireworks would not be
affected by this. Staff recommends approval.
Throgmorton: Okay! Any questions for John?
Grier: Thanks!
Throgmorton: Thank you, Chiefl (laughter) Uh, would anybody else like to discuss this topic?
Okay, seeing no one, um.....Council discussion? Well I guess I want to say is
the .... the Chiefs memo, two Chiefs and uh, who was the one other person?
I ... forgetting now. (unable to hear response from audience) Thank you. Our fine
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attorney Eric Goers. t lr, as the memo indicates, the data are quite striking.
Almost half of all July fires responded to by fire departments nationwide were
started by fireworks and in 2015, 67% of approximately 12,000 fireworks' related
injuries treated in hospital emergency rooms occurred from mid-June to mid-July.
I wonder why? And 38% of those injuries were to youth under 15. And the
memo also states that the state of Missouri experienced roughly seven times as
many emergency room visits for fireworks over a seven-year period than Iowa did
over a comparable six-year period. They permitted fireworks. We did not.
That's pretty striking! So, uh, I'm certainly going to support this particular
proposal. Anyone else? Okay, hearing no discussion, roll call please. Motion
carries 7-0. Thank you, Chief!
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Item 7. Amending City Code Title 1 Chapter 8 — Ordinance amending Title 1,
Administration, Chapter 8, Administrative Service Departments, Section 1,
Administrative Service Departments Organized: to revert the title of the
Transportation and Resource Management department to the
Transportation Services department to reflect a realignment of supervision
over Resource Management to the Public Works Director. (First
Consideration)
Mims: Move first consideration.
Botchway: Second.
Tbrogmorton: Moved by Mims, seconded by Botchway. Discussion?
Fruin: This is, uh, a little bit of back to the future (laughter) um ... so we, uh.... um, a few
years ago we had moved the Landfill and Waste Collection operations of the City,
uh, into the, uh, what was the Transportation Services Department, and uh, Chris
O'Brien has been, uh, leading that effort, and uh, you've seen the great work
that .... that's come out recently in the last couple of years that, um, some extra
attention, uh, that Chris was able to provide and .... and leadership that he was able
to (mumbled) ...uh, led us to be able to do so the multi -family recycling and, um,
the single -stream recycling as .... as a couple of examples. The .... the curbside
composting would be another one. Uh, with Chris' impending departure, uh, later
this month, uh, we took the opportunity to take a step back and see, uh, where the
best fit is in the organization for those departments and I feel that, uh, Public
Works is, um, best suited to ... to lead that department, uh, going forward, and so
Ron Knoche's up here. Um, he will be assuming the responsibility of overseeing,
uh, the ... the, uh, Resource Management component, um, of the City services and
can talk to you a little bit about, uh, some of the first steps going forward.
Knoche: Sure. Um, so obviously one of the first steps in having a new division is having a
new division head, and so, uh, we've gone through the process and we've selected
Jennifer Jordan to be our Resource Management Superintendent. Um, she will
start that role on Monday, um, and then we'll, uh, look at the organization of the
division and determine how we backfill, or if we backfill, her role, and then also,
uh, John Thomas retired a week ago Friday, um, and so .... (several talking and
laughing) Yeah, John .... John Thomas, yeah (laughs) Assistant Superintendent,
uh, retired a week ago Friday, and so we'll also be looking at his role, um,
and ... and the backfill of that position also, uh, so with Jen on board, uh, we'll be
able to start making those management decisions.
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Throgmorton: Sounds terrific! Thanks, Ron. Okay. Any discussion?
Botchway: Yeah I mean I just....just a concern, you know, I mean obviously happy about Jen
Jordan gettin' the position, but making sure we're thinking about the work, I
mean, I know that we're moving a position around, but there's a considerable
amount of stuff that Chris was talking about from a resource management
standpoint and making sure that it's not, you know, all falling on Jen's shoulders
without adequate staffing. So.....
Fruin: Um, so the position that, uh, Jen is assuming was created in the last budget cycle.
So it's a .... it's a enhanced, uh, position, staffing for, uh, for the Resource
Management, um, but I'm....I'm.....I'm very confident that.... that Jen'll have the
support she needs, both below her and above her to keep the momentum going,
and that's a big thing that we've been talking about with Ron and—and the Public
Works' staff as they are, um, going to assume oversight of these operations is
we've got some really great momentum in.. ..in the Waste Collection and the
Landfill, um, going.....not only from the services that we're offering, but um, the
way in which we're, um, just operating at the Landfill. I feel much, uh.... uh,
more confident in the way that that, uh, operation is bein', um, man.... managed
now than I ever have, uh, before. So, we'll .... we'll keep it goin' and ... and Jen'll
have all the support that she needs to ... to lead and she'll do a great job.
Mims: I think it's indicative of the .... the creativity within our staff that, um, Geoff talks
about it coming back to the future.... when.... when Tom was here, and initiated
the original changes, it was .... it was because of some issues that we had, but also
looking at the strength of the staff that we had, and sometimes you don't just plug
people into an organization. Sometimes you modify the organization to fit the
strengths of the staff that you have, and that's what was done at that time and, um,
as staff changes, sometimes you .... you adjust the organization then to fit with
those changes in staff and so I think it's .... I think it's a very creative way to do
things that a lot of organizations don't do. They try and sometimes put the .... the
square pegs in the round holes and so I think this .... this makes a lot of sense and I
have all the confidence in the world that staff 11 keep all those initiatives going.
So .... we're just still tryin..... I'm still tryin' to figure out a way to get Chris to
stay but .... (laughs)
Throgmorton: Anyone else? Hearing no one, roll call please. Motion carries 7-0.
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Item S. City Clerk Residency - Ordinance amending Title 1, "Administration",
Chapter 7, "City Officers; City Attorney, City Clerk, City Manager", Section
2, "Appointment and Removal" to replace the residency requirement for the
position of City Clerk with a residency preferred requirement. (First
Consideration)
Botchway: So moved.
Dickens: Second.
Throgmorton: Moved by Botchway, seconded by .... Dickens. Discussion?
Mims: I'll just comment as having chaired the Search Committee, twice (laughs) for the
city clerk. Urn .... and we've talked about it at the Council level and ... and in the
search process, but just, you know, I think for the public, um, we went through the
search, the first search, um, we appointed a city clerk, we looked at the candidates
that we had, um, both in terms of quality and quantity, etc., um, and we .... we had
a hire and unfortunately for us, and I guess maybe on the positive side for Chis...
Chris Gudry, he had another offer that maybe fit him a little bit better in the long-
term and so he made his, uh, tenure at the City short, um, and we, again, we all
wished him well when he left. But as we looked at what had happened through
that fust process, um, we started talking, both I did with .... with Eleanor and
Geoff, and then we did as a Council, about that residency requirement, and the...
the difference in terms of the City Attorney and, uh, City Manager's positions
being much more policy -driven and policy -oriented in terms of advising us in
those ways, generating ideas, you know, doing that research, etc., and so just
structurally the kinds of things they do are .... are very different from what the city
clerk does, and so havin.... having looked at that applicant pool, um, and knowing
we were going to have to go back out a second time, um, it really was .... was our
consideration that we look at that residency as maybe a preferred, rather than a
hard and fast requirement. And so given that .... and then also having made that
change, urn .... affected the way we did the second search, but just simply, you
know, we thought that it was worth looking at that as a preferred and .... so that's
why we're here today, um, making that change. (mumbled)
Throgmorton: I think it's a reasonable move to make. So .... anybody else .... care to discuss this?
If not, roll call please. Motion carries 7-0.
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Item 9. Moratorium - An ordinance amending Title 17 of the City Code (Building
and Housing) to establish a six month moratorium on the issuance of new
rental permits, and building permits that result in an enlargement of a rental
dwelling, in RS -5, RS -8 and RNS-12 zones within the area generally bounded
by Scott Boulevard on the east, I- 80 on the north, the Iowa River and
Mormon Trek Blvd on the west, and Highways 1/6 on the south in Iowa City,
Iowa. (First Consideration)
Mims: Move first consideration.
Botchway: Second.
Throgmorton: Moved by Mims, seconded by Botchway. Discussion? Is there anybody in the
audience who would like to address this topic? Good evening, Nancy!
Carlson: Hi. I'm Nancy Carlson. I live at 1002 E. Jefferson and I would really appreciate
having this moratorium put in. For most people, their house is their biggest
investment that they will make in their lifetime. And when you make an
investment in your house, you have a financial responsibility, but you're also
making a commitment to the neighborhood. As someone who has lived in a
neighborhood where rental properties have come in, I know what can happen to a
neighborhood when there are lots of rental properties with people who do not live
there and with very transient types of ...tenants who are not interested in the
neighborhood. They're interested in having a place to live for a short period of
time and they move on. The other thing that I am very much concerned with is
long-term tenants. Because usually long-term tenants are not large groups of
people. They're, you know, singles or small families or two or three people, uh,
by not .... by taking away the number of occupants that can live in a rental house.
These people are also going to be impacted. I feel that it is a fair thing that the
people who own property and live there and people who are .... who want a
smaller apartment and a more stable living condition also feel that they are....
Their future and their living existence can be .... can be saved. So for that reason I
ask that you set up this moratorium. Thank you.
Throgmorton: Thank you, Nancy. Would anybody else like to address this topic? Good
evening, Mike!
Oliveira: Hi. Let me check in here first. My name is, um (clears throat) excuse me, Mi...
Mike Oliveira. I'm, uh, the owner of Prestige Properties. And I .... had a little bit
of concern, um .... for the Council. Earlier Susan made a reference that, uh, the
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land owners, urn .... make a lot of money. I just want to remind the Council, um,
my company pays well over a half a million dollars in property taxes a year. That
being said, I want to address some of the dynamics of this issue that we're bein'
faced with. This issue came about by the Governor signing an order, um, making
sure that the cities do not regulate the number of houses... occupants in, um,
houses. I presented to the, uh, Council a letter from our attorneys, Bella
McCormick, in Des Moines, that's working with me on this issue. Uh, we
became alarmed, um, at the last apartment association meeting when Stan
Laverman said that the City may find a way to limit the current occupancy in the
housings that we own. From that discussion at the apartment association meeting,
um, we are going to ensure that, um, we and our investment in the community,
and I also live on the Northside and have, uh, owned and lived, my family lives
there, um, that our investment in our rental properties are not going to be in a
situation, again, to have either a zoning or, uh, adverse, um, City regulations
impact our ability to, um, maintain our business. Now we try to be a good citizen
in the neighborhood. Believe me, I pick up the trash as, uh, more often than most
people do. I found some of the measures, uh, enlightening that, uh, was presented
by the City Manager in his pres... presentation here. I also found some of them
very, uh, concern, especially some of `em that are punitive in nature, um, but... as
a owner of a property at Gilbert and, urn .... uh, Davenport Street, I see a lot of the
effects of, uh.... the students living in the mixed neighborhood, but I also see
issues that need to be addressed from the Police Department, uh.... uh, enforcing
more, uh, drive-bys rather than being on a complaint basis. Um, so there's some
improvements in all areas of the function that the City can have on this. My
attorneys prepared some things that have to do with the ordinance of Iowa City, of
what we think that should happen, if the City wants to impose this. We very
much feel that this should go to the Planning and Zoning Commission. If the City
wants to impose this type of ordinance, for review, and we cited the case law and
the dynamics in there, and for the review for the City Attorney to look at. This is
not a simple, easy .... issue, because, you know, in Iowa City, you know, we have
double -edge sword. Um, we employ, uh, with our.... commercial tenants here and
my company, we have over, uh, probably 100 employees in Iowa City. Uh, that
live in the area. They're not transient workers. They live here. And, uh, I find it,
uh.... uh.... the Governor's actions is gonna make a impact on the way the cities
address this issue because.... it's gonna come down to ..... if we have a four-
bedroom house that's four bedrooms and they're compliant, there's absolutely no
reason why we can't have four people living there. If the City says well you can
only have three. Well, it's .... it's very hard to regulate. I think there needs to be,
uh, as we move forward, we look at the houses, we look at some of the things.
The City imposed a lot of regulation on, uh, historic neighborhoods, um,
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conservation districts, and I was a very big opponent of the conservation district
last time, because when we did the analysis of that neighborhood, we had over
50% of the buildings were rental! And ... and, by overlaying the conservation
district at that time, it just...the money wasn't going to be put back into those
buildings like it needed to be, to maintain the neighborhoods. I would like to
think that the City Attorney will take a hard look at the letter that was written by,
uh, my attorney from Bella McCormick, Michael Hayes, who used to be the City
Manager of Des Moines, and also legal counsel and also had a ... position with
Hubble Development. Very experienced. Knows what he's talking about. And
quite frankly, I think if we go ahead and ... impose this moratorium like you want,
it's going to cause a lot more issues for us to be discussing. I think it's going to
go into litigation, cause, uh, right now I think we should take a step back, take a
look at what we're going to do. Maybe have some more dialogue with the ... the
rental association, and figure out what ... what's the best course of action, but to put
a moratorium on this, it's gonna affect the way leases are written. It's gonna
affect issues from .... tenants saying that they have a partner here and they want to
have, you know, their .... maybe not blood relatives like there was required now,
um, where is that litigation going to fall? They gonna sue me? Are they gonna
sue the City? I mean we gotta work this stuff out. It's gotta be a joint exercise,
um, not the Housing Department, um, coming up with a lot more regulations on
the landlords. Believe me, if I have a tenant that doesn't have her air
conditioning, like it happened last weekend during the arts show, uh, they're on
us. The parents are on us. The kids are on us. Uh...just some of the regulations —
to have annual inspections of the, ub, water heater is beyond me where that's
coming from. And some of the older houses, to hardwire all the smoke alarms,
boy that's gonna be a .... just a dynamic cost, and ... it's gonna be very hard! And,
uh, so I .... I think, at this point I think the City Council, before they rush into this,
maybe need to step back here and figure out.... Planning and Zoning Commission
would require this public hearings, would require the steps to be followed the
right way, to be able to approach this in a more logical, uh, democratic manner.
Thank you.
Throgmorton: Thank you, Mike.
Oliveira: (both talking) ...any questions (both talking) I mean we're a, you know, we're not
only in the business of rentals, we're also in the business of converting some of
our rentals to single-family, and we're in the process of doin' that. Uh, but it's
tough to do that in this neighborhoods because of some of the programs the City
involved because the housing programs actually takes the price of the average
home and so like for example I had a house that we have that we're converting,
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uh, at 1313, uh, Davenport. To get the appraisal from the, one of the local
appraisals to appraise at the cost that we're trying to sell it at was very difficult.
Um, you know, it's ... it's, those.... because of the, some of the prices from the, uh,
sales of the, uh, University housing program. So .... there's gotta be a balance here
between the free market and what's goin' on in this neighborhood, if you guys
want to change the neighborhoods. Um, maybe you want to think about maybe
givin' some incentives to the people like our company or some of the other
companies that want to come in and re ... re-establish some of the housing stock.
Thank you.
Throgmorton: Thank you, Mike. All right, anybody else like to address this topic? Uh, seeing
no one, Council discussion?
Botchway: So I'm supportive of the moratorium. I think it gives the City time, you know,
even, um, in the face of threat of possible litigation, um, I feel like this is an
opportunity to step back and... and really kind of discuss the options that we have
before us. Um, I think that, you know, we do have to weigh the community
interests and there ... there is a lot of concern that maybe wasn't .... was represented
by some tonight, but um, you know, I received a lot of communication, and when
this, you know, um, was discussed that we needed to do something or discuss
something about it, and so I'm, uh, I'm happy with, you know, the step that we're
taking to take some time and... and kind of work through some of these processes
Dilkes: Can I make a couple comments before you all move on?
Throgmorton: Sure!
Dilkes: Um, so as I said in the ... in the, uh, Council action report, uh, short .... short-term
moratorium to preserve the status quo, um .... our .... our legal mechanisms, if
they're appropriately tailored to address the problem that's presented. Um, the
City has no intention of regulating occupancy based on, uh, familial status. We
understand that we are prem... preempted from doing that, um, under State law.
Um, but the issue is, it's been a primary tool in .... in maintaining the stability of
our neighborhoods and as .... as was presented during your work session tonight,
we need some time to figure out how we're going to replace that tool or
restructure things so that we can... continue to maintain the stability of our
neighborhoods. Um, and there's a number of ways to do that and .... but there's a
lot of thought and study that has to be given to that. Um .... the letter I got from
Mr. May, from Mr. Oliveira's attorney, as I think you know. It came in late this
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afternoon. I have read it, um, it doesn't cite case law. It makes two arguments —
one that this is a zoning ordinance and should go through the process, and two, or
the P&Z process, and, uh, number two, that, um, because we're making an
amendment to the, um.....the.... we're allegedly making amendment to the
International Residential Business Code, that we have to have a public hearing
under another section of the code. I considered all tho... those issues when I
drafted this. Um .... I understand the arguments being made, but I think that, um,
they're defensible and I don't think it makes sense. This litigation is being
threatened for me to give you any more detail in a public setting. Um, but I have
no, um, qualms with you moving forward.
Mims: I'm going to say nothing other than I plan to support it.
Taylor: (mumbled) Pauline. Um, I'm .... also in favor of voting for this moratorium, but I
also have to add that I'm losing power on my phone so after the vote I'm probably
going to have to sign off.
Throgmorton: Okie dokie. Thank you, Pauline.
Taylor: Uh huh!
Cole: We talked about this in detail at the actual work session. I'm not going to provide
a ton of detail. We've already talked about that. But I would say this is a
temporary measure. It has to be narrowly tailored. Um, it's a temporary
breathing mechanism and I often find that lot of times we come into contact with
developers or people that are affected by our ordinances at this last stage. I'm
hoping that there will be a proactive conversation over these next six months,
during this temporary measure, that we will reach out to everyone affected by
this, and we'll look for some very specifically tailored solutions. So what this
does is, and I have every confidence in Eleanor's analysis, is that this'll give us
the breathing space that we need so that we can make a thoughtful, um, lawful,
uh, solution to this significant change in a regulatory mechanism. So I'm going to
be supportive of this as well.
Throgmorton: All right. So .... I was waiting for my colleagues here to speak. So my sense is
that the recent State legislation poses an existential threat to our older residential
neighborhoods. We have to do something to ensure that they thrive and continue
to thrive. In order to do that, we need to take time, as Rockne just said, to
thoughtfully develop effective strategies. The staff's memo, which we received
earlier, and the discussion we, uh, had earlier this... earlier this evening provide a
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compelling rationale for setting this mor... moratorium. So, uh, so I'm gonna
support it, of course, but uh, I also agree with Rockne that we should reach out
and encourage staff to reach out to all affected parties as we're going through this
deliberative process, to make sure that we do it in a good way, that, uh, enables
people like Mi ... Mike Oliveira to, uh, play a powerful and important role in, ub,
ensuring that our neighborhoods thrive. Anyone else? All right, uh.... uh, roll call
please. Motion carries 7-0. Good night, Pauline!
Taylor: Good night!
Throgmorton: Could I have a motion to accept correspondence?
Mims: So moved.
Dickens: Second.
Throgmorton: Moved by Mims, seconded by Dickens. All in favor say aye. Opposed. Motion
carnes.
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Item 13. City Council Information
Throgmorton: Where should we start? Susan, why don't you start, please.
Mims: Okay. Um, just a quick update on meetings with the Access Center. Unt ... Geoff
and I and .... Pauline participated in a meeting with, um, kind of the electeds and
some of the staff, talking about, um, building, structure in terms of..not
specifically properties but more the governance structure, both of the building and
of the organization itself. Um (noise on mic, difficult to hear speaker) Steering
Committee, there seems to be an interest in, um, having something structured like
a 28E agreements between the County and municipalities in terms of, um,
ownership of the physical property, and potentially a new non-profit that would
actually run the operation. Um, for those of you that haven't been intimately
involved, this is, you know, it's a detox. It's sobering. It's crisis stabilization,
crisis observation, etc., potentially low -barrier shelter, so lot of components, um,
similar to what, uh, is in San Antonio. Um, we got some different input I would
say at that electeds meeting. I think there's some.... preference maybe from the
County in terms of, um ... them maybe running the actual operation. There was
some discussion of starting on a smaller scale. Um, the st ... Steering Committee
met on Monday of this week, yesterday, and .... very much adverse to starting on a
smaller scale. Um, they're interested in meeting with that group of electeds to
really talk about the ... the integration of all these different pieces of it and ... and
kind of in a nutshell what ... what it comes down to, I think, from those folks is we
don't expect, even though we have officers and ... and hopefully other first
responders, um, trained in CIT, they do not necessarily have the training to
actually, um, determine what kind of support or services an individual needs.
Um, being intoxicated, being on drugs, being in mental health crisis, um,
sometimes can be very distinct issues and sometimes can overlap significantly.
And so to be able to drop them at a kind of triage center where you have experts
doing that kind of analysis and figuring out really where they need their help, um,
is .... is the method that is certainly preferred and... and people on the Steering
Committee feel very strongly about. So we'll have a lot more discussion about
that. Um, and eventually we'll have more things coming back here, but just kind
of wanted to give everybody a little bit of an update, as you might be out either
talking to other elected officials or run into some of the providers that happen to
be on these committees, that you had a little bit of the ... more information about
what it is we're talking about and kind of where we're at. So .... just to give you
update there. Uh, I think that's it! That's enough.
Throgmorton: Okay. Thanks! John?
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Thomas: Uh, on a lighter note, we, um, had our annual Brown Street block party, and
which you mentioned, and um, every neighborhood should have a block party
(laughter and several talking) Well,.no, have your own block party! (several
talking) Uh.... but yeah, it's a really (several talking) it's a really great
neighborhood spirit builder and, um, great fun. So, uh....
Cole: (mumbled) (several talking)
Botchway: I'm having my own block party tomorrow (several talking and laughing)
Nobody's invited!
Throgmorton: Is that it, John? Rockne?
Cole: I discovered something wonderful this morning. If you haven't been to the
Hickory Hill First Avenue entrance, I was running with my dog this morning and
I discovered the beautiful new bridge that's been installed. When was that
installed, Geoff?
Dickens: Just last month!
Fruin: Maybe a month ago.
Cole: It is spectacular! And before it was not. (laughter) Um, it needed some work,
uh, but that was just such a wonderful discovery, to be running with my dog and
we turn at the corner and I was all ready to sort of go in and, you know, sort of
trip over that area, and it was just beautiful. So if you haven't seen that, go check
it out. Awesome work! Um, the other thing I wanted to announce, um, Black
Voices Project is doing a community bar-b-que June 29th, um, from 4:00 to 8:00
P.M. at Wetherby Park. Um, they're gonna try to have locally sourced pork and
chicken, and all the fixin's! It should be a wonderful event. I think we may have
some other non -profits that are going to be there as well.
Dickens: (mumbled)
Cole: June 29a', 4:00 to 8:00 P.M.
Mims: Wetherby?
Cole: Wetherby....
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Mims: Thank you.
Cole: ...on a Thursday evening, um, it was hard to pick a perfect date but they decided
that would be the best time.
Dickens: As I promised, uh, at our last Council meeting, I'm encouraging people to register
to vote. Uh, there is some new I.D. changes that the State has implemented, but
you can find those out by calling Kingsley, cause he used to work in the .... the
voter registration area.
Botchway: (mumbled) (laughter)
Dickens: Yeah! (laughter) But, uh, there's other ways, if you don't have an I.D., that
there's other ways to ... that you can still vote, but it'll keep the process going. We
do have the bond issue coming up in September and the regular election in
November. Also, uh, Trail, the senior group that's helping seniors stay in their
homes longer is, uh, got an office now, located on the second floor of the Senior
Center. It's with the, uh, Senior Center Fundraiser, they share the office there.
And they just started accepting their first members last month and it's .... it's
starting to take off, and it's a.....just a great program.
Botchway: So I feel somewhat like a celebrity because I missed the, I think the last meeting I
got a whole bunch of, you know, comments about where I was at and everything
else (laughter) and so I will be missing next meeting cause I have a work
conference and I think I expressed that before. Urn ... but I just want to let people
know that that's the case. June 24h, there's a block party that everybody is
invited to (laughs) um, downtown, um, so check it out, really excited about that.
Simon's done some wonderful work, and every .... as well as City staff around
kind of pushing that along from a.....ordinance standpoint, but uh, just excited in
general what, uh, the downtown has to offer for, again, everybody to participate in
across Iowa City and the community as well. Um, Eastern Iowa Refugee Summit
on the 16a' and 17a' at West High. Um .... details are online. Just Google (laughs)
...Refugee Summit. Um, it's just a summit to, uh, you really talk about and focus
on kind of the refugee struggles in our area and, um, there are a lot of refugees in
our community, and so ... it's informational, but also action -based summit that I
think people really appreciate. Father's Day is the 18a' — whoop! Crisis Center
Hunger Banquet is this Thursday, um.....
Mims: You're not getting a meal! (laughter)
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Botchway: I will ... well, we haven't decided that (laughter) It's supposed to be one of those
things that you don't know about, but um, I did ... it's in the Council packet as well
and so if you get an opportunity to participate, Crisis Center's doing some
wonderful things and, uh, I just think it's important to kind of address, you know,
hunger in our community, um, in a more systemic way. Um .... Juneteenth is June
24'' from 12:00 to 6:00. It's on the same date as the block party, but make sure
you check that out, um, at Mercer Park. Um, going back to the Father's Day
element, my son pooped in the potty, just now (laughter) I got the text, so I'm
really excited about that. That's been .... that's been like a struggle. Like
honestly, it's been a struggle (laughter) for him and for us.
Throgmorton: That's recorded for all time now! (laughter)
Botchway: Well this .... this is the point! This is the one time to do it for him, to make sure he
gets upset about it later on. And then, I did want to move forward on a separate
piece, move forward on that safety piece. So I don't know that ... Geoff, you talked
about introducing that safety piece, uh, from the Student Liaison standpoint, later
on with the code changes. But I worry about the timing of it. So I mean, one of
the things that was brought up in that memo in the late packets was, um, you
know, not necessarily brought up but the fact that there were exchanges in regards
to safety, um, locks and other things that were problematic for a lot of our, um,
you know student use or heavily student used buildings. I did think, even though
we're looking at this moratorium for some other of the housing code changes, I
did think it was appropriate to move forward on these particular changes, um,
separate from that, just because (both talking)
Throgmorton:... exterior locks... (both talking)
Botchway: ....exterior locks just because that could, you know, have a great deal of relevance
for people moving in with the fall. Just didn't know how Council felt about that.
Kind of want to throw that out as far as .... and ...... and Geoff obviously.
Fruin: We don't have anything drafted. By the time we were to get something through,
I ... it may be a little unrealistic to try to get landlords to retrofit all their rental
properties by the fall lease date. I think that's asking quite a bit, uh, given the
number of rental units we have. If you're lookin' at re -keying every, all the
buildings potentially. Um, I don't know the extent of, uh.... how many buildings
would need to be re -keyed under what type of circumstance you'd be agreeable to
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but .... urn, I don't think it's as easy as just gettin' ya some code language and
addin...... expectin' the locks to be all fixed by August 1.
Botchway: Okay. I mean it's just ... I mean it is a serious issue, um, that we have to .... we
have to figure out something, um, and even if ..if we aren't able to do it right
away, if we can talk about what kind of increased police presence would be
around, um, some of those buildings that may be concerns. I think that may be
another way to address it, but ... um, if we're gonna ... if we're gonna kind of push
that back with some of the housing changes, then I'd be, you know, agreeable to
that if we could think about that kind of increased police presence along those
lines.
Fruin: We'll have that conversation.
Throgmorton: Okie dokie. Well I want to mention, uh, a few items. I have a long list, but I'll
mention just a few. First I ... I had the opportunity to go to the visitation for
Coralville Mayor Jim Fausett on May 29 and ... you know, it's .... it's sad to see,
um, a long-time elected representative, uh, or anyone really, die of course, but it
was important to be there I think. Uh, so I'd just like to express my condolences
to Carol and her .... their family, uh, for Jim's passing. Speaking of mayors, uh,
I'm going to be having lunch with the Mayors of Coralville and North Liberty on
the 9th of June. I'll be speaking at the Merge grand opening on the 150h of June.
I'll be speaking at the IC Compassions Refugee Summit on the 16th of June.
Also, Pride Parade will take place on the 17th. Uh, a notable event in Iowa City.
And speaking of parades, I'll be headed to .... to defer my first Mayor's Walk of
the season, due to the weather. So I'm gonna do it on ... tomorrow! Wednesday,
June 7th. Also, uh, this is my last thing, yesterday's late handout contains a letter I
wrote to David Wieseneck at the Motley Cow, and I would like to take this
opportunity to read it. It's a short letter but I would like to have it publicly stated.
So, this is dated June 5th to David Wieseneck. (reads letter) Okay!
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Item 14. Report on items from city staff
a) City Manager
Throgmorton: Geoff?
Fruin: Real quick I want to introduce Jamie Porter, uh, sitting right here next to Simon.
Jamie joined our office this week as an intern. He's a student at the University. I
met, uh, Jamie when he was a freshman here, uh, kind of a local government
career path seminar on campus and we've kept in touch over the .... over the years.
He'll be a great addition, uh, to our office over the summer and look forward to
Mims: Welcome!
Throgmorton: He's a Regina grad too! (several talking and laughing) Thought you might like
that, Terry! Ashley?
Monroe: Uh, I just .... I just .... echo Geoff s statements about welcoming Jamie, so ... thanks!
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