HomeMy WebLinkAbout2019-01-22 Transcription Page 1
2. Student Leadership Awards—Grant Wood Elementary
Throgmorton: Item 2 is supposed to be Student Leadership Awards, but we're gonna postpone
that to a future meeting.
This represents only a reasonably accurate transcription of the Iowa City City Council
special formal meeting of January 22,2019.
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3. Proclamations
3.a. Sudan Proclamation of Support
Throgmorton: I have one proclamation and there are two different organizations to accept this
proclamation. One of the organizations is the Sudanese Community Development
Association, and the other is the Sudanese-American Community Service
Incorporated. So let me read this proclamation. It's identical for both
organizations. (reads proclamation) So, there are two different organizations. I
wonder if both of you could come up to the podium please. And....and maybe
come up here, like...one of you is from the Sudanese Community Development
Association. Yeah, would you please come up. (difficult to hear, away from mic)
....say a few words (unable to hear) State your name and then say a few words
(mumbled) and would you come up please. Yeah. We've met before (unable to
hear)your proclamation(mumbled)
Kuku: My name is Badri Kuku.
Throgmorton: Badri! Of course!
Kuku: Thank you, Mr. Mayor(unable to understand) Thank you, the Council City of
Iowa City. Thank you very much, Iowans. It is my privilege and it is my honor to
be here and to receive this proclamation. This means a lot to us as Sudanese. As
a refugee who came from Sudan, due to the war 18 years ago, I had an
opportunity to go and support the troop of the Americans in Iraq, and the students
majoring in international relations in...in University of Iowa. As a Sudanese
living in Iowa City, I have the honor to move this city, to live in this democracy
system,America's great. We have the opportunity and the comfort to live in this
city. Please,by receiving this letter, it means a lot for us as Sudanese in Iowa
City,but you might(unable to understand)heart, we are always crying for unsure
future that's going to happen to the next generations. Thank you very much.
Throgmorton: Thank you, Badri. I remember having a wonderful conversation with you at the
Sudanese-American dinner that we....that took place about a year ago and
learning about your pathway to Iowa City. So it's great to see you again!
Kuku: Yes,we did. Thank you (unable to understand)
Mohamed Kheir: Good evening.
This represents only a reasonably accurate transcription of the Iowa City City Council
special formal meeting of January 22,2019.
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Throgmorton: Good evening.
Mohamed Kheir: My name is Mahasin Mohamed Kheir and I am a member of Sudanese, um,
Association Community. On behalf of,uh, all Sudanese people in Iowa City and
in America and in Sudan, I would like to thank you, all of you, for your support
and for this official announcement. Uh, actually that means a lot to us,because
we live, you know, in a sad situation and it's a critical condition and we are so
worried about what's going on in Sudan now. Yeah(unable to understand) lost
lives, more than 40 people because they just asked peacefully for their basic right
—freedom,justice, and peace. And we,um...glad now you guys to have you
(mumbled) support. That means a lot for us. And we need to grab the attention
for all of those, to help us, uh, in this situation, and our, uh....people in Sudan
working very hard, with no fear, with no hesitation, to have their country back, to
have their freedom, to have their right,because we deserve better. And we, I
promise you, we will get rid of this regime, soon! We(unable to understand)
barriers of fear, especially they use people(unable to understand) They will get
back up, they will work hard, and they will get it done. Thank you so much for
your support and, urn,happy to be here! Thank you so much. (applause)
This represents only a reasonably accurate transcription of the Iowa City City Council
special formal meeting of January 22, 2019.
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10. Community Comment(items not on the agenda)
Throgmorton: And this is the moment where we invite people to come up and speak to us about
any item that is not on the formal meeting agenda. When you come up I'd ask
you to state your name and take....depends on how many of you there are out
there, anywhere from three to five minutes to address your topic. So would...if
you're here to speak about the ped mall benches,please raise your hand. All
right,two,three...thank you....I see four, eh, I see somethin'like 12 people?
Maybe 13. Uh, I'd like to ask ya to keep your comments to not more than three
minutes, uh,but I might be a little bit flexible because I know this is an
emotionally, uh....um, an emotional topic. So, but before I ask people to come
up, I wanna make a statement on behalf of...the City Council and City
government. So....led by the Catholic Worker House,many people have claimed
that this Council and the City Manager intentionally chose armless benches in
order to keep homeless people out of the ped mall. I visited with David Goodner
and Mark Patterson....Petterson, sorry, at their house this...the, uh,the Catholic
Worker House about a week ago. David and Mark are really very good people,
and the Catholic Worker House is doing really good and important work. They've
done us, I believe they've done us a service by drawing attention to the problem
of homelessness. So thank you to them for that. We all agree that homelessness
is a serious problem nationally and here. But as they know, that is David and
Mark, I disagree quite strongly with some of the methods they have used. I don't
want to go into detail about that,but they know what I'm talking about. To prove
that we and the City Manager intentionally chose armless benches in order to
discourage homeless people from using the ped mall....uh,various people have
drawn the public's attention to comments made during a City Council work
session six years ago, in August of 2013. I could go into detail about that, and I'd
be happy to with anybody in person, but I won't right now. But that was six years
ago! And the context was different from what it is today. Back then the northern
part of the mall was congested and dirty because there was a major construction
project underway and a large portion of the mall had been sort of cut off
from....from traffic. Moreover,the homeless population was far, a far rougher
crowd than anything we had seen before, or since for that matter, and as Susan
said during our work session, there was a substantial...there was substantial
evidence that synthetic chemicals were raising, were a major part of what....led
this particular population to be pretty rough. And lastly, the Council itself had
different members with different values, and that matters, you know! People get
elected and then they leave office and other people get elected and all that. So it
is simply wrong to say that this Council, these seven people,has been trying to
make the ped mall an inhospitable place for homeless people. So what then has
This represents only a reasonably accurate transcription of the Iowa City City Council
special formal meeting of January 22,2019.
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this Council been doing? When the current Council Members Mazahir and Bruce
examined, I'm sorry,minus Mazahir and Bruce, when the current Council
Members examined the proposed ped mall renovation project back in 2016, our
attention was focused on the overall scope and cost of the project. I recall....I do
not recall engaging in any discussion about the design of the benches, and if any
other Member does recall those conversations,they should tell me and refresh my
memory,but I sure do not remember that. So far from being hostile to chronically
homeless people,we have been doing everything we can to improve conditions
for them! Just last week Shelter House's new Homeless First, Cross Park Place,
had a grand opening. This facility provides 24 units of housing and services for
chronically homeless people and we enabled construction of that facility both
financially and through our zoning powers. It would not exist had it not been for
our assistance. Moreover, collaborating with County Supervisors,the University,
and others,we have rezoned property and committed$2.5 million toward
construction of a new Behavioral Health Access Center,which is designed to help
people in crisis. We have supported financially and otherwise Shelter House's
emergency overnight shelter and its low-barrier winter emergency shelter. We
have ensured that all of our police officers receive crisis intervention training, and
that our officers who work the downtown treat homeless people with respect,
rather than just kicking them out or throwing them in jail. The seven of us, the
ones sitting at this table, first discussed the concern about the new ped mall
benches during a work session that took place a month ago, on December the 18th.
After the Catholic Worker House had drawn public attention, and our attention to
it, on social media. At that work session,we instructed our City Manager to
report back to us about whether it's possible to install a meaningful fraction of
benches at a....without arms, at a reasonable cost. As directed, Geoff reported
back to us a few days ago about what he had found. With that information in
hand,we decided in our work session earlier tonight to make a mid-course
correction in the plans for benches in the ped mall. This mid-course correction
will result in 20% of all new ped mall benches,that is about 14 benches,not
having arm rests. It would also result in retaining a significant number of existing
bench,uh,whatdaya call it,uh,benchmark benches, those are the ones used,uh,
for...to be painted on. And there are 17 of them. We have to look at them
carefully to see what the physical condition of those is and whether they could
actually be,uh, continued, and lastly, well not lastly,but we also instructed the
City Manager to have the benches without arm rests distributed in a balanced way
throughout the ped mall. We also told him we wanted to in...to contribute
$10,000 to Shelter House to help with their services to homeless people. One last
point, then everybody else can speak and say whatever is on your mind. A
Wanted poster was circulated last week. In my judgment it made many highly
This represents only a reasonably accurate transcription of the Iowa City City Council
special formal meeting of January 22,2019.
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inappropriate statements about the City Manager and the Director of Shelter
House. It is fair to criticize their actions, it is fair to criticize our actions,but I
believe it is wrong to make personal accusations based on misunderstandings and
presumptions about our or their motivations. So...with that, anybody who wants
to address any topic that is not on the formal meeting agenda should feel free to
do so now.
Vaughan: Good evening.
Throgmorton: Good evening.
Vaughan: My name is Paula Vaughan. I'm the Chair of the Housing and Community
Development Commission for the City. On January 17th, last week when we
meet, the Commission unanimus...unanimously voted to recommend that the
Council fully fund the next year's legacy Aid to Agency requests. As part of its
recommendation, HCDC request to discuss this in greater detail at the Council's
next work session. So I would appreciate it if you would put us on your agenda
for that meeting. Uh, for those in the audience who may not be familiar,the City
uses Aid to Agencies to provide the flexible operational funding that allows local
non-profits to serve low and moderate-income individuals. Legacy agencies are
non-profits that have received this funding for the last five years. The funding
requests from the agencies this year is for the total of$625,500. The budget is
$355,000. So I know those numbers are kind of far apart. Uh, throughout our
meeting though we heard from people representing these agencies that their
requests for funding have vastly increased over the years,uh,probably reflective
of the population increase in Iowa City, and that they also....um, so they're
having funding that has been stagnant or declining over the years as their requests
have increased. In addition to that,the City funding allows these agencies to
request local match funds,urn, from federal government, and some of them are in
danger of losing that match money,um,which would mean we would probably
lose those agencies. So the Commission....the Commission,we know that this is
an unusual recommendation to you,uh,but we all believe very strongly in
supporting these local agencies and the work that they do, and we hope to discuss
this matter further with you at your work session. Thank you for your time.
Throgmorton: Thank you,Paula, and thanks for all the work you're doin'with the HCDC. Good
evening.
Galvez: Good evening. My name is Manny Galvez and I will talk about the benches. Uh,
the first part is just about what I hear, about all (unable to understand) The first
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special formal meeting of January 22,2019.
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thing I think we are(unable to understand) 10%, 20%, 30 or 40, we are humans
100%. This is it. Second, Susan,when you mention(unable to understand) these
dollars, like 1,000, 6,000 (unable to understand) as a worker class,we don't need
like a gift. If you want to be on our side, you (unable to understand) salaries and
(unable to understand) wages. That is the real solution. We don't need 6,000 or
10,000 for the working class, trust me. Second, Bruce, if you think that we are
here to talk about solution of the homeless problem, this is not(unable to
understand) We are talking about like a social justice, social (unable to
understand) a policy that is tellin'us who is (mumbled) and who is not. That was
after I hear your comments. Well, I hear what I wrote. This topic is compelling to
me for three basic things. First, when I move to America, to this country, that was
my second home. Thirteen years ago I had a blessing to leave for more than one
year. (unable to understand) my live with the people living in the streets in Des
Moines. Iowa is my second home. Iowa is my(unable to understand) what is
America, and for me America is compassion and solidarity. Second, my(unable
to understand) in consequence this topic is very familiar to me. Actually I had
opportunity to be in(unable to understand) 2013. However, I don't recall when
we bought. I recall three the signs for the benches. But I don't recall like they
ask the community to bought. (unable to understand)just to mention that. Um,
they never told us, uh, in the newsletter when they stop working. (unable to
understand) give me this opportunity to say like I feel welcome in person, but also
as I would say like the Latinos, we...we have positive experience to use the public
space. I would say(unable to understand)help like I received to hold the Latino
Festival in a public space. We start a Latino Festival because we want to (unable
to understand) space like this for everybody. (unable to understand) logic. So I
think we...we hear,we are talking about who is welcome in the public spaces, the
behavior they can't allow, and regardless of your economic situation, you're
(unable to understand) This is about(unable to understand). It's not about like a
(unable to understand) who is welcoming the City. Basically this is, uh, I want to
tell you the, um, I think we need to promote all of this where everybody feels
welcome and last comment....numbers help you to understand the reality. The
numbers help you to tell you that through....but if you say half of the truth, you
are lying. Thank you.
Throgmorton: Thank you.
Trevino: My name is Father Guillermo Trevino. I'm a Catholic priest, Father Rudy's
assistant at St. Patrick's Iowa City and I'm the Catholic chaplain at the Regina
Catholic Education Center here in Iowa City as well! I'd like to think I am an
expert on rejection. I grew up in the Quad Cities, Moline, my home diocese
This represents only a reasonably accurate transcription of the Iowa City City Council
special formal meeting of January 22,2019.
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didn't want me as a priest. I was even kicked out of seminary one year! So this is
very personal to me. I....nobody invited me to this meeting where you met with
the people at the Catholic Worker House. Again, I just get rejected all the time,
even at St. Patrick's. I don't know if there's any parishioners here. My name's
not on the calendar at St. Patrick's. Again, I'm exaggerating now,but that's a
Catholic issue, not a City issue. Most of these are Catholic issues. But today you
the City Council.....you voted for more discrimination against the poor,the
homeless, and the rejected. Shame on you! Despite this disappointing action, we
can celebrate a real victory here today. Today's a victory,thanks to the thousands
of people who prayed and took action to stop, let's call it what it is—hostile
architecture! I'm a reject, I know. Today we held City government and special
interest groups accountable. We forced them to change their plans and exposed
the sometimes disingenuous and underhanded reality of local politics. At the
Catholic Worker House, we experience the joy and transformation that comes
from sharing the spare room in our home, the extra seat at our table, and the
unused coat in our closet with our most vulnerable neighbors. We invite the City
to dream of a downtown with the same spirit of love and inclusion. We pray for a
community where all are welcome, and where none of our brothers and sisters are
pushed out of sight. This is not the end. We will look at our options. There's
many branches of government. We will pray about what to do. I appreciate the
invitation by Mazahir, to be more present here. So this is not the end of that guy
nobody cares about, Father Trevino, or the Catholic Worker House, or any citizen
here that cares about this issue, or any other issue,but please stop rejecting
people. There's a real issue here. Before.....one last story, and I apologize it's not
the ped mall,but it's about wages. The worker,people are afraid to speak up
because they're gonna get fired. And she had so much shame, please don't fire
her or I'll be back. She had so much shame, she's my parishioner,the
receptionist. She didn't want to see me cause like I guess she was like 'what am I
doing here?' And I think it was because she has to work part-time to pay her bills,
support her family, like everybody else. So please Iowa City....please care about
your citizens, 50/50,however we are divided. Let's think of all.
Throgmorton: Thank you, Father. Uh, for the rest of you,please keep your comments to not
more than three minutes. We've already taken 10 and time flies.
Aguilar: Hi, my name is Peggy Aguilar and I live at 1010 Scott Park Drive. I came to Iowa
City two years ago and I came as a result of a stroke that I had in Des Moines, and
uh, at first I lived with my sister-in-law for a few months and because the
conditions with all of us there, it became kind of difficult. So I reached out and I,
um,moved to the Catholic Worker House. With their blessing, I was able to stay
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more than the allotted two to three months, which I would not have been able to
stay, um, at the, uh....the Shelter for that length of time. So I stayed total at the
Catholic Worker House for about six or seven months. (mumbled) which allowed
me time to find affordable housing in Iowa City. I just want to stress that in the
event that the Catholic Worker House had not allowed me to stay that time, I
could of very easily been an individual who would use,uh,the park benches to be
able to....to rest in. The second issue I would like to talk about is the....the
middle,uh, bar,the arm rest. While I understand, uh,Mayor, you don't have
much of a problem,but you know what, your arm reach is much longer than mine,
and so for me to be able to touch the middle arm reach....touch the middle arm
rest, and the one at the end, would not work for me. But, um,part of the
repercussions of my stroke was the fact that my balance is not really good.
However, I really love to come to downtown Iowa City, and I love to visit the
Library, and while the construction was going on this summer, I came downtown
but I felt kinda wheezy, and so consequently I used the stores as my backup to be
able to, uh,brush against them and to make my way closer to the Library. A
gentleman who was with the construction team,um, came and helped me,uh, and
sat me on the bench. I was able to lay down on the bench for about 20 minutes to
be able to get my gatherings back up and be able to continue my journey to the
Library. Um, but it's these sorts of things that I want to share with you that, um,
I'm not,um, I'm not an affluent Iowa City member, however I very,very
interested in the justice that is done to everyone and it's really important to me
that you as a Council take that into consideration when you make your decisions
that it's not just the ped mall,but it's all over. Thank you for what you've done
and um,we'll continue to watch and support you, and uh, we might even be here
to say,mmm,how bout we try something different. So, again,thank you.
Throgmorton: Thank you, Peggy. Good evening.
Novak: Hi there,um, I'm Nicole Novak. I live at 1623 Wilson Street and I was born just
a few blocks from here at Mercy Hospital. Um, I'm...have a lot of love for my
hometown. Um, I had the opportunity to visit the open house for Cross Park
Place last week and I really enjoyed getting to see it, and I'm really glad and
grateful that Iowa City is making such great strides in its services for the
chronically homeless. I'm not a social worker. I'm not someone who has a
profession of caring for the homeless,but I am just a resident of this community
and someone who's had the opportunity to build relationships with people from a
wide variety of walks of life. And you know given that I just don't buy for a
second the argument that these benches, any intention to benches downtown
distracts from the other great work being done to address homelessness in our
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community. None of us who care about the benches want people to sleep on
benches, and I think you all know that. Urn,what I do want to note....want to see
is I want to live in a community where homelessness and the associated troubles
people face aren't just something that's addressed by professionals. I wanna live
in a place where we meet each other,where we know each other, and when I was
growing up here I remember people would kind of brag about the ped mall, that it
was this place for public democracy,was the center of our town. We would go
and we would meet people. I spent a lot of Friday nights at the Friday Night
Concerts, for example. That was free, it was a great place for my parents with
four young kids to come and, you know,hang out. It was a wonderful experience.
So now I'm back here in my hometown. I still love it. Um, I teach public health
and one of the things I talk to my students about is the really powerful influence
that the built environment can have on people's human behavior and their health.
Our built environment says a lot about our values. It sends really strong signals,
and I can see from your plan here that the City....the City knows this too. You
guys are using really wonderful evidence-based policies for City planning, and I
think you all know the power that something like a middle arm rest, the kind of
message that it can send. So I'm just here to say I celebrate the great things Iowa
City is already doing for our homeless community,but I hate to see us using this
powerful tool of, you know, of behavioral....of built environment to exclude and
displace vulnerable people from the center of our community,um, and I really
believe we can live in a community where we provide these essential services,
and every one of us feels accountable to make a public space that's welcoming for
all. Thank you.
Throgmorton: Thank you,Nicole. Good evening.
Forsgren: Good evening. My name's Ethan Forsgren. I completed medical school here at
the University of Iowa. I completed a public policy degree at a very prestigious
university. I am a consultant to health clinics actually all across the state on their
behavioral health strategy and how they can help,better help people who have
mental illness and struggle with addiction. More important than all of these
things, I am a volunteer at the Catholic Worker House, where my wife and I take,
uh,take care of people's feet during a foot clinic every month. I am also a friend
of many people who may want to use a bench to rest their heads. But how many
people, isn't that something we've talked about. Is it one person? If it is, I don't
understand why you spent extra money on every single bench so that nobody
could sleep on them. If it is 100 people,well it just makes what you're doing that
much crueler. What you're doing is you're communicating in symbolic logic
because one person or a hundred people, every single one of those benches
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symbolizes a symbol that is recognized universally throughout the world as
hostile architecture, intentionally designed space to exclude certain people, to
prevent certain behaviors.....to exercise them.
Throgmorton: Thank you. Good evening.
Moore: Good evening. My name is Cathy Moore. I'm a retired teacher and a
professional violinist and I'm back in Iowa City. Uh, first of all I wanna say I
really see the growth and the development of facilities for homeless and for the
people who need those services in town. The issue I'm addressing is the
panhandling issue, which a lot of you probably I hope won't groan, but I wanted
to take, urn, I wanna tell you what I see. I take a cab to work. I work part-time at
Hy-Vee deli, so I won't sit at home and drink wine all day, and I talk to them
about these people they see, or sometimes they look at them and tell me
information. Uh, the gentleman with the prosthetic legs rents a house with others
on Hudson Avenue. I know cause I live on Miller. When there is inclement
weather he often cabs to his chair outside of Walmart. I worked at Walmart
Corporate and know he would be able to work there. I saw him very well dressed
coming out of the UI Family Clinic one morning. Mother gentleman usually at
the Riverside McDonald's also takes a cab to his begging during inclement
weather. I've seen him using a debit card to purchase food and drink. There's
another gentleman who's usually near the Post Office, but these are the only three
panhandlers I see in Iowa City. As a taxpayer it's frustrating to see these few
taking advantage of good-hearted people who want to assist the poor and help
our....our homeless and people who need food. Um, and we provide such
wonderful service for all of them. I would like for you to please look into this
matter and reconsider ban...banning panhandling from Iowa City. Thank you.
Throgmorton: Thank you, Kathy. Good evening.
Hemandez: Good evening. Thank you, Mayor. My name is Angel Hernandez. I am a....
Catholic. I am a member at St. Patrick's, uh, Catholic Church here in Iowa City,
and (clears throat) I am a deacon candidate for the Diocese of Davenport, and first
of all, um....I just wanna say I don't like the benches. I hate `em! It...it says
nothing about Iowa City, the arts of Iowa City, you know. That....that's what I
always heard ever since I grew up was Iowa City....is...is the city of art. It looks
like a co....it looks like a cookie cutter, like any other city. It doesn't look unique.
And it really upsets me when I found out that it was considered hostile
architecture. My first question is, what happened to that art that was there? Did
you guys throw it away? Did you guys burn it? It was somebody's pride and joy.
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What happened to it? Maybe you guys give it away—I don't know! That's why
I'm asking. And I hope you guys reconsider you guys'vote. I'm a man of god. I
see a....I see god in each and every one of you, and I hope you guys see god in
yourselves. Thank you.
Throgmorton: Thank you (mumbled) Good evening!
Buss: Good evening. Hello (both talking) I'm Anna Buss. I've been in Iowa City now
for 53 years and before I read what I have here, um, there are.....numerous
articles in every paper—the Gazette,um,the Daily Iowan, uh, you name it, the
Little Village. I'd like to just quote this one nice woman from Coralville, and she
said, "When I look at the new benches, with the center divider, my first thought
was, 'What a nice feature for older people, who might need a railing for support,
while sitting or standing."' Perspective makes a difference. In the Little Village,
oh,that one was in the Press-Citizen. In the Little Village, Christy Campa....and I
can never pronounce her last name, the Shelter House lady is what I call her. I
think she has a better grip on all of this than anybody, and she said that they've
given....um, a very, that the Shelter House....she gave a very articulate speech at
a recent Council meeting, and she stated, "The bench dilemma was totally taking
away from the conversation of the important work of the homeless situation in
Iowa City,"which I agree! You now have....the gentleman, let's see, where is it?
This one. Okay. Scott Sover, the Project Manager for the ped mall overhaul said
in an email to the Daily Iowan in November that his committee presented...the
idea at a....for these benches, at a public outreach meeting and received positive
feedback from the community members. Also.....I think that you guys would
even consider.....spending any money on these benches, you've got your little
form here and it says how much everything is and this is the money that should go
to Shelter House or the food bank. That said, this issue has been all the
newspapers,TV, and radio. My first reaction was only in Iowa City would the
homeless....and people in need, would help the homeless and people in need. We
have Shelter House, another new building that's being used in the cold weather—
down on Benton Street. We've got a brand-new 24-unit apartment building that
was just completed and it's my understanding that that building, you don't have to
meet the recommendations or the requirements that you would for Shelter House.
Gives more opportunities to people. You have....we have the Crisis Center. We
have the food bank,which desperately needs donations. The Salvation Army, and
we've got a lot of churches here that are willing to help the homeless people and
people in need. This isn't just a homeless person issue, there's a lot of people that
need help. Many of these people are capable of working, but they just don't want
to. Yet they can stand outside all day in all kinds of weather conditions and beg
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for money, on the streets that have heavy traffic. Some leave litter and buckets
behind when they leave for the day. To my knowledge, the benches were put in
for the enjoyment of the general public to be used while downtown. At no time
were they meant as a napping or a sleeping station. Many of us like the arm rests
as they assist us in standing up. We don't have a.....I know we have a loitering
and a no-littering law. Why isn't it enforced?
Throgmorton: Anna, if I could, you....you've taken over five minutes.
Buss: What?
Throgmorton: You've taken over five minutes.
Buss: No problem! You guys took all my....where are the restrooms for these facilities?
I have talked to some of the business owners that have had to clean up the mess
after the bench-sleepers have been downtown. $150,000 to replace or remove
these benches, there is no need to spend this kind of money on this. You have
people that have greater concerns than people sleeping on their benches. This is a
gross waste of the taxpayers' money and I for one am tired of the money that is
being wasted. We have other more important issues to deal with. So let's get
some common sense and move on. I agree with the Council Members that think
this money should be put in another place and not spent on these benches. Thank
you for your time, even though I ran over!
Throgmorton: Thank you. Hi, Pam!
Michaud: Um, I'm Pam Michaud and, um, I didn't see my name in the correspondence, but
uh, I had trouble sending it to Council, so I sent it individually. I think most of
you received it, so I don't know why it wasn't in the minutes...or the agenda.
Um....so I wanna thank you for the careful attention you've put into this (laughs)
matter about the arm rests. Um, they...I feel that they will strongly feel that they
will support the disabled, elderly, and um,baby-boomers even, who are
experiencing some problems with their knees, hips, and other things in between.
Um, it helps...people get in and out of chairs. Um, I think there are still at least 17
painted benches left, and I agree that they, those give character to the city. I don't
see any damage in them. I think they should be retained, um, for the people that
suddenly lose their balance, I think they can temporarily steady themselves with
the arms and then find a...a place to put their feet up. Um, of course that's a...it's
emergency and other people come to your help at that time. I know, I've fallen on
the ped mall, and it was nobody's fault but my own. (laughs) So anyway, during
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30 years of crowded ped mall performances, I've often seen one or two people sit
in the middle of a fix-foot bench, when it could easily hold three or four.
Hundreds of people are standing around, waiting for a seat, and they just seem
oblivious to it because, um....they're just aware of their own spatial needs. Uh,
the new style of benches have three equal sections. Each will hold, uh, a couple
or children, or a larger person. Urn,there's been a protest over the arm rests
because they prevent reclining,but there are plenty of,uh,benches remaining, and
you have a very good compromise that you've presented tonight. Um, I don't
think we have to feel guilty about divided benches because there's, uh,there's a
press of hundreds of people in the ped mall for the performances and the festivals.
Uh, the City planners might want homogeneity of design,but Iowa City is diverse
and so I think it's decent to leave some painted benches, uh,because we're a city
of art and literature. Um....and thank you very much for doing all the short and
long-term housing assistance that you've come up with, even to the point of
letting people sleep in the Police station lobby....in severe cold. I appreciate
your....the current Manager's transparency, uh, in this discussion,and also the
current, um....shall we say enlightened Council compared to the last Council that
was a little bit more back-room style. So, um,thank you very much and,urn, I'm
advocating for people who need assistance in and out of seats and large crowds.
Thank you.
Throgmorton: Thank you,Pam. Hi, David.
Goodner: Hello. My name is Dave Goodner with the Iowa City Catholic Worker House.
Before I begin I want to thank all of the area service providers for the incredible
frontline work you do day in and day out to serve poor and homeless people in
our community. The Catholic Worker House stands on your shoulders, and by
your side. We appreciate the relationships we have working closely with all of
you to coordinate care for our friends, neighbors, and guests. I also wanna thank
the Iowa City Council and staff for all that you do to promote good government
that works for everyday people. The Catholic Worker House supports the
resolution that will come before you later, calling for full funding for the
University of Iowa Labor Center. It's a great example of City government
promoting justice for all. So thank you for that and all the other amazing work
you do. City leaders should not have to deny that the new ped mall benches were
intentionally designed to prevent people from laying down on them. That was a
choice that some of you made. I have to read for the record excerpts from the
2013 transcripts. Um,but before I do this issue has to be put in the historical
context of homeless politics in Iowa City. In the early 90s,homeless people slept
in the steam tunnels underneath downtown. The 2013 ordinance,which banned
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daytime sleeping on downtown benches and the storing of personal belongings on
ledges was not the first time this has been a hotly debated topic. In 2010 the City
passed an anti-panhandling ordinance that was later repealed because of concerns
about its constitutionality. The 2013 law didn't completely push everyone out of
sight. The day after last Thanksgiving I saw a homeless man lying down on a
bench during the daytime, and I watched a police officer ask the man to get up
and move on. That was one of the pictures that went viral and was engaged with
over 30,000 people at the end of November. During a work session before, and
this is not attacking anybody. We're just setting the record straight. During a
work session before the first reading of the 2013 law on August 20th, 2013, City
Councilor and now Mayor Jim Throgmorton said, "A friend also suggested the
possibility of inserting, in order to deal with the sleeping on benches challenge,
this person suggested inserting a new arm rail in the middle of the benches. You
know that makes it pretty hard to stretch out and sleep. So that's a possibility as
well." The Assistant City Manager at the time and the current Manager now,
Geoff Fruin, said, "Regulations are not the only way to address this and it's not
the only way that we want to address this. Physical design, Jim, as you alluded to
with the benches plays a large role and not just of the design of the benches, but
how you design the public spaces, how you design the planters and the walkways,
the lighting, all those things come into it. So we wanna continue down that path
as well." A month later, during the third reading on September 17th, 2013, during
the regular City Council meeting, then and current City Councilor Susan Mims
said, "I think we need to look very carefully at the design elements of the ped
mall. You know we designed the placement of the benches. We design benches
in certain locations that have arms so if we don't want people sleeping in those
particular locations, you can't, but maybe there's other benches in other locations
that don't have arms in the middle of them, and that's fine if people sleep there at
night or during the day." Those comments speak for themselves. The history of
hostile design around the world tells us the benches with bars through the middle
of them serve only one purpose. If there was ever any confusion about why they
were installed here in Iowa City, these statements clear them up beyond a shadow
of a doubt. The real purpose of these benches should have been explained in the
public ped mall renovation plan documents, but it wasn't. The first time a middle
bar, um, was mentioned in the documents was in February of 2014, only a few
months after these discussions at the City planning meeting. It seems like nobody
knows who made that decision, and that's part of the problem. That is part of the
problem. That's the problem that we've been trying to bring forth to you guys the
last two months. The omissions in the public documents prevented the public
from having meaningful input before the bad benches were put in, and the
repeated denials only reinforced the fact that there was never a real public
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process. We shouldn't pass laws that design public space to discriminate against
homeless people. Funding service providers does not make up for it. This isn't a
social service issue, it's a social justice issue. People are living in their cars,
under bridges,in parks, sleeping in gas stations, McDonald's, and Walmart, or
walking around all night long, even in these temperatures. I know that because
they come into my house every day and tell me. Many of them have also spoken
out publicly in the last two months about this issue and have been involved in our
organizing process. So it is written that the poor will always be with us. Public
policy must have a preferential option for the poor, otherwise it is not just. So put
people,poor people, first....every time,not half the time,not half the way, not
20% of the time or 20% of the way. All the time and all of the way. Everyone has
a right to sleep in public. Everyone deserves a city that is open and welcoming to
them. That shouldn't be too much to ask for. And just as an aside,we'll....we'll
take credit for the$10,000 going to Shelter House. We hope to get a thank you
note from them, and that they stop the personal attacks against us as well. Thank
you so much.
Throgmorton: Thank you, David. So just a heads-up for everybody, we stop the community
comment period at 8:00 P.M. So there's another, I don't know, eight minutes or
so.
Petterson: So my name's Mark Petterson and I'm a volunteer with the Iowa City Catholic
Worker House, and I'd like to frame this conversation in a little bit of more
expansive terms than some of the rhetoric that's been bounced around at this
meeting and previous meetings, and in the newspapers. I think David gave me a
really good segue into this issue about it's not just an issue of should we change
the benches or should we fund social services. I think that thinking is small, and I
think by framing it as an either/or....limits our imagination, and I don't think
Iowa City's imagination is that small,to say that we can only focus on one thing
at a time. I think this is a time for us to embrace the both/and spirit, that embraces
we can make design choices downtown and around the city that make for a city
that's open,that's inviting, that doesn't exclude the least among us. Whether
there's two people sleeping downtown on any given night, whether there's 15
sleeping during the day, whether there's zero,whether there's a hundred, whether
a hundred people need housing vouchers,whether 200 people need low-income
housing—I think we can address all of these at the same time. They're not
exclusionary. I don't think we need to be talking about this as a 'well we're going
to distribute funds here, we're going to distribute funds here and you can't have
all of these at the same time.' I think that's a disservice to our imagination. And
maybe it's naive of me, maybe we're always going to get into fights about this,
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but I think when it comes down to it, we really have to be thinking about ways
that we can embrace the both/and in this situation. Thanks!
Throgmorton: Thanks, Mark. Good evening.
Sertterh: Thank you. I'm Mark Sertterh and I'm the Associate Executive Director of
Shelter House. Uh, first of all I want to thank Catholic Worker House and the
many people involved with that for, uh, their passion in this issue. Urn, and I
want to talk about (mumbled) this organization that have literally met with
thousands of individuals and families experiencing homelessness in our
community. Literally thousands of them! Every person that I've met with has a
different and heartbreaking story of numerous challenges and trauma they've
faced that I can't even begin to understand. There have been many requests made
of Shelter House and of me personally. Examples of the things that I've
personally had asked of me are help pay with their rent, due to a crisis that's
happened. Help paying an application fee, to apply for an apartment. Help
talking to my landlord, to not evict me. Help paying a utility deposit. Paying past
arrears. Paying a security deposit. Help with a sleeping bag so I don't freeze to
death at night. Help filling my propane tank so that my tent can stay warm so I
don't freeze to death at night. The list could go on and on and on of the requests
that I have had asked of me. But what's never been asked of me is to make a
bench more comfortable for me to sleep on. People don't want to permanently
live on a bench. It's never been asked of me, not a few times, it's never been
asked of me, of these thousands of people that I've talked to. There are never
enough funds to meet the needs of those who need it most. I was at the HCDC,
the Housing Community Development Commission last week, and uh, it's a real
challenge. There's a lot of needs in our community, and the Commission had a
hard time coming up with a recommendation for Council. It's a perfect example
of that. Agencies like Shelter House have to prioritize people who have the
highest needs and allocate the limited resources we have to those who need it
most. It's a really challenging task and it's something that our staff do every
single day. In the past year, we rehoused, not sheltered, housed....almost 500
individuals last year in our community. These are people that were homeless in
shelters,homeless living on the streets, and people that were fleeing domestic
violence. Housed them, not sheltered them. I just ask that as conversations, um,
continue and as they might come up over time about homeless individuals, that
you keep your focus on ending homelessness like you've done for years and not
lose focus on issues that don't address the root causes of homelessness, or even
offer a crisis response for the people that...those in need. There is one solution to
ending homelessness. There's one! And that is housing, that is permanent
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housing for people. It's not any of these other things that we've talked about. I
wanna thank City staff and City Council for your support over the years in
helping Shelter House meet this community in this difficult task in our
community. So, thank you for your time.
Throgmorton: Thank you, Mark, and for the work you do. Good evening. We have like four
minutes.
Sinnwell Gerlach: Okay I'll try to use two so I can defer the last two to Emily. My name's Cady
Sinnwell Gerlach and I'm a resident of Iowa City and I direct Resource
Management at Shelter House. I sent some figures to you before the meeting so
you could analyze those as you make your decision about expending those finite
resources. Um, all the debate aside today, the Board of Directors of Shelter
House has asked that we convey the message to the City....City Council that
before you take any decision to expend tax dollars, with those finite resources,
that you use an evidence-based, data-driven approach to any decision making
process that you undertake regarding ending homelessness or any other social
service initiative. And also, going forward, importantly one that gives voice to
those people experiencing homelessness, so that they may also have a voice in the
debate. And with that I'll defer the remaining moments of my time to the
Catholic Worker House.
Throgmorton: Great. Thank you, Cady. Good evening.
Sinnwell: Thank you. My name is Emily Sinnwell. I'm a mom. I'm a Catholic worker, and
I'm a nurse practitioner, and that is in order of importance,just so you know. Um,
the ped mall benches issue is not about solving homelessness. It is about making
a downtown that is inclusive and welcoming to all. I have been practicing as a
family nurse practitioner for six years and I specialize in psychiatry. What I have
learned, after many years of treating patients and working with the homeless is
what makes the biggest difference is whether they feel welcomed and not judged
during the tough times they endure. These metal bars send a clear message that
the downtown area is not a welcoming place for someone who is in a difficult
situation and needs a place to sleep. These new benches push them away.
Homelessness will always be a problem, no matter what we do. We need places
like Shelter House, Cross Park Place, small houses of hospitality, access centers,
but most of all we need a city to send a message that we are a welcoming city and
by using hostile architecture, whether it was intentional or not, we are sending the
wrong message. Thank you.
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Throgmorton: Thank you, Emily. All right, so it's....thanks to all of you for speaking and
sharing your views with us about this. Uh, it's 8:00 now. We're gonna move on
to....our next item, which is Planning and Zoning Matters, Item 11. I have a
sense that some people are going to depart. Let's take a short...you know, 30-
second break.
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11. Planning and Zoning Matters
11.a. Rezoning at 416 Reno Street—Ordinance rezoning property located at
416 Reno Street from Medium Density Single-Family Residential Zone(RS-
8)to RS-8 with a Historic District Overlay(RS-8/OHD) (REZ18-00021)
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Danielle, good evening!
Sitzman: Good evening, Mayor. Danielle Sitzman, Development Services Coordinator,uh,
Neighborhood and Development Services. First item tonight in this,uh, section
is, uh, 416 Reno Street, the Albert J. and Elsie Borts house,built in 1898 in the
Queen Anne style. Urn, known for the Borts family prominent in Iowa City for,
uh, masonry. The applicant tonight is the National Trust for Historic Preservation,
in conjunction with the property owner, uh, Carl Klaus. This property is one that
was identified in a 2015 study by the Historic Preservation Commission,but not
included in the most recent group of historic landmarks because the property had
already been entrusted to the National Trust for Historic Preservation. Urn,the
National Trust in conjunction with the homeowner,uh,has subsequently initiated
the National Register nomination process and the local landmark designation
tonight. Urn,they will sell the property once it's been pro ....these processes are
complete and the (mumbled) support the continued work of historic preservation.
Uh,this is the location on Reno Street. There's some images of the house. I'll go
through as we talk about it. The Historic Preservation Commission did meet
December 13th, 2018, and conducted a public hearing at which they reviewed and
evaluated the historic significance of the home at 416 Reno Street. The
Commission determined that the property meets the requirements for a landmark
and voted to recommend approval of the designation as an Iowa City historic
landmark. The building is significant both because of its architecture and historic
integrity, and for its association with prominent figures in Iowa City history. Um,
designation of the property as an Iowa City historic landmark will require
Commission approval of any significant changes to the exterior of the building
and(mumbled)uh,make it eligible for special exceptions from the Board of
Adjustment to waive or modify certain zoning requirements, and also makes it
eligible for State tax credit funding for rehabilitation work. Urn, again, this is a
zoning overlay designation to make it a historic Iowa City landmark. Therefore it
did require a consideration by the Planning Commission. The Planning
Commission,uh, did review the application and it also recommends that, uh,that
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Page 21
it is in compliance with the comprehensive plan and therefore should be rezoned!
They met at December 20`s to forward their recommendation.
Throgmorton: Great. Thank you. Any questions for Danielle? Looks like you get off scot-free,
for now! (laughs) Would anybody else like to address this topic? Seeing no one
else I'm going to close the public hearing. (bangs gavel) Could I have a motion
for first consideration please?
2. Consider an Ordinance(First Consideration)
Mims: So moved.
Taylor: Second.
Throgmorton: Moved by Mims, seconded by Taylor. Discussion?
Mims: It's a beautiful house. I'm glad to see that the owners wanna preserve it! Glad to
support it!
Thomas: I heard a comment,um, quote not too long ago that kind of speaks to me about
issues of historic preservation, among other things, and it was tradition is to the
community what memory is to the individual. And I think, you know, the...this
sense that the.....historic preservation is part of our identity as a community and
so I'm really pleased that, you know,we....we have an active historic
preservation,uh, community within our community, and happy to support this
rezoning.
Cole: I wish every historic preservation could be like this, where we have the land
owner in agreement,urn, and so we have a lot of knotty issues moving forward,
that's beyond the scope of this,urn,but I encourage everyone with an interest in
this topic to reach out to those landowners that, um, wanna make this sort of
preservation effort. Urn, it's a pleasure to do this and this is a....simple win-win
solution for everyone.
Throgmorton: Anyone else? So I wanna say a....a few words related to this. Urn, first of all I'm
gonna support the proposed rezoning. I really love the historical detail that comes
along with proposals like this. If you read the detail,it's just fascinating. And
that's true for every one of these structures that comes through, along these lines.
I also really love the idea of awarding people for doing great work towards
historic preservation, like the historic preservation awards event that took place
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Page 22
last week. I really love that kind of stuff. But I would really like to see the
Historic Preservation Commission and Friends of Historic Preservation to focus
more on history than on architectural details in its otherwise wonderful work.
And I would challenge them to expand their idea of historic preservation to make
vis...make the invisible visible. What I mean by that is expanding our sense of
Iowa City's historic....(mumbled), sorry! Our sense of Iowa City's history,
backward in time to include thousands of years of settlement by indigenous
people, especially the Sac and Fox, and the Ioway tribes. They lived here for
thousands of years in one way or another, but we don't acknowledge that in our
historical work. I would also urge them to recognize that African Americans and
Hispanic people have resided in Iowa City pretty much from the get-go. Uh, I
told some people,uh,in our Economic Development Committee meeting a few
days ago that a fellow named Nathaniel Otjen recently published an article in
Annals of Iowa titled `Creating a Barrio in Iowa City, 1916 to 1936,'and this
focuses on the area south of the railroad tracks. Pretty much straight south along
Du...Dubuque Street,but south of the railroad tracks. And I would urge the....the
Historic Preservation Commission and the Friends of Historic Preservation to
extend our sense of history forward in time to recognize that when we want to
preserve our history, we need to be much more thoughtful about who we are. We
are now a much more diverse group of people and it is that diverse group of
people that is being called upon to preserve our history, and to make decisions
that will create Iowa City's history for future residents. So we really need to
expand in both directions to bring the invisible visible. I talked with Ginalie
Swaim about this on the phone earlier today, and I'm...pretty sure she heard me,
and of course she's just one person,but....I wanted to share that perspective with
you. That said, I clearly am going to vote for this....um, motion. So, any further
discussion? Hearing none,roll call please. Motion carries 7-0.
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11.b. Rezoning at 1818 N. Dubuque Street—Ordinance rezoning property
located at 1818 N. Dubuque Street from Low Density Single-Family
Residential Zone (RS-5) to RS-5 with a Historic District Overlay (RS-5/OHD)
(REZ18-00023)
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) And greet Danielle again!
Sitzman: Thank you, Mayor! This is a second property, uh, requesting overlay district
designation for historic landmark. This is at 1818 N. Dubuque Street. The H. H.
Sylvilla Jacobsen house, built in 19...uh, H. H. and Sylvia Jacobsen house,built in
1929 in the arts and craft style. Um,the....recently the owner, Joe Coulter, has
sought local landmark designation and its his efforts to further preserve the
property in the future. The property was,uh, identified recently as part of the
Gateway/Dubuque Street elevation project and, uh, evaluated for its historic
integrity. Urn, it was deemed eligible for, uh,historic preservation at that time
and like I said, the owner has chosen to pursue that. He is here tonight as well.
The house, urn, is located on the low bluff overlooking North Dubuque Street and
a portion of the Iowa River to the southwest. The land was purchased from
Maude H. Ball, the original developer...Ball, the original developer of Ball's
Addition, or from her husband George's estate. Historic Preservation Commi...
Commission met December 13t, 2018, and conducted a public hearing at which
they reviewed and evaluated the historic significance of the property. The
Commission did determine the property meets the requirements for a landmark
and voted to recommend approval of the designation of 1818, uh,both as, urn, due
to the building's significance and because of its architecture and historic integrity.
Again......landmark designation does allow the property to qualify for a, urn,
some special exceptions from the Board of Adjustment,uh, additional, urn,
funding, financial incentives, and uh, Preservation Commission review of exterior
changes. It is conducted as an overlay district and therefore the Planning
Commission makes a recommendation based on its,uh, compliance with the
comprehensive plan, uh, the Planning Commission did find at their meeting
December 20th that the, uh, property was, uh, in compliance with the com...
comprehensive plan and did also recommend approval. (mumbled)
Throgmorton: Any questions for Danielle? Scot-free again! Thank you, Danielle. Would
anyone else like to address this topic? Joe?
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Page 24
Coulter: I'm Joe Coulter,the....present owner of this property and I want to thank the, uh,
Historic Preservation Committee and the Planning and Zoning Commission, and
hopefully the Council here, uh, about this rezoning. Uh....I've spoken many
times before this Council,uh, in regards to the raising of Dubuque Street(laughs)
uh, and want to compliment our Melissa Clow and our,uh, Planning people on the
successful raising of Dubuque Street,uh, which has, uh,preserved a lot of the
beauty, as well as, uh, taking care...of the flood waters. And finally, uh, I'm very
supportive, Mayor Throgmorton, of your, uh, comments in regard to expanding
the view,uh, and the issues, uh, in regard to historic preservation. Uh, I currently
serve on the Indian Advisory Committee of the Office of the State Archaeologist,
uh, and am....uh, increasingly aware of the need, uh, to recognize our indigenous
people, uh, especially the Ioway and, uh, Meskwaki,uh, and members of my tribe
(laughs) Pottawattamie, uh, who are out there, uh.....and would encourage you
and would,uh, any of you who wish to,uh,pursue issues in regard to Native
Americans, uh, in Iowa, I will be giving a talk,uh, at the Biology building on
Thursday at 4:00 on Iowa Native Nations Health, and we plan to,uh, develop a
course on Iowa Native Nations, uh, for the senior college, and uh, so I'd be very
supportive of your views and thank you for two years ago declaring the second
Monday of October as Indigenous Peoples Day and the success we have had in
getting our....now new, uh, Governor to also declare for the State of Iowa,the
second Monday of October is Indigenous Peoples Day. Thank you.
Throgmorton: Thank you, Joe. I....I remember you, Joe, I remember you giving me a guided
tour of your house, uh, I don't know, three years ago, four years ago, something
like that. Thank you for doing that. It's a really lovely home, and....and it was
built in 1929, right? Was it built before the Great Depression began, Black
Monday, you know, or....(both talking)
Coulter: ....moved into it in October, right at the beginning of it, and nearly lost the house,
uh, during those very stressful, uh, stre....stressful years. I'm just the second
owner of that house, and if any of you would care to see what the interior looks
like,there's about 30 pages, or 30 photographs done by the Cedar Rapids Gazette,
and if you just Google `stone house, Cedar Rapids Gazette,'you can see all....a
lot of the original furniture, uh,pictures, wall hangings. There's a signed Grant
Wood print, uh, in the house,uh,that belonged to Mrs. Jacobsen. I think she was
actually a student of Grant Wood's, and uh, I've got all the original plans and...a
lot of the original stuff. Thank you again.
Throgmorton: Great! Thank you, Joe. Anyone else want to address this topic? Seeing no one
I'm going to close the public hearing. (bangs gavel) (mumbled) Discussion?
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Page 25
(several talking) Oh, sorry, yeah thank you. Uh, could I have a motion for first
consideration please?
2. Consider an Ordinance (First Consideration)
Taylor: So moved.
Salih: Second.
Throgmorton: Moved by Taylor, seconded by Salih. Discussion?
Thomas: Uh, Joe, you mentioned the,uh, Gateway project and I....I (laughs) it was
interesting that you did,because my relationship to this house was,uh, was built
in a way during that Gateway project, um, some of you may not know that the...
some of the earlier designs had the alignment for the Gateway such that it would
have resulted in a fairly high retaining wall along the frontage of Joe's property,
which we....joked would have created what I would call the `Coulter Canyon'
(laughter)property side of the wall. So fortunately staff and....and the
consultants moved the roadway....west and uh,that retaining wall wasn't
required. So it really would have had an impact on....on,you know, the character
of the house.
Taylor: I....I was so happy to see this proposal. I've admired this house for years and,
like Jim, I had the opportunity many,many years ago (clears throat) to be inside
the home and....and it's just as absolutely beautiful inside and....and the
preserving of the history, it's just....just amazing and,uh, John mentioned the
Gateway project, and we've talked about Dubuque Street as being the....the
gateway into Iowa City, and the entrance to Iowa City, and I think if people take
the time as they're driving along Dubuque Street to look up to that home, it....it
truly is beautiful and spectacular, so I'm very happy to support this.
Cole: Joe, I just wanted to thank you for getting this landmark.You know, in that area of
town there's a ton of growth that's gonna happen. We're gonna see a lot of
development. Um,but I think it really makes me feel,uh, at ease that we have
this historic pres...treasure that is gonna be preserved, and again,we're seeing that
alignment between the property owner's interest as well as the city as a whole. So
thank you very much for....for doing this.
Teague: This is going to be very noticeable to everybody that is a part of our city, because
in 1992 when my sister moved here before I moved here in 93,urn, that...she was
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at Burge,uh, dorms and so your house is very visible, and I mean I remember just
driving down the Dubuque Street and it's wonderful to know that this house will
now have this historic,uh, preservation piece, and be there for many,many years
to come! So thank you!
Salih: I just saw this house yesterday,because after I saw it on the,urn, you know, the
package, I just decide to drive by it because it's my....close by my way I go my
home and stuff and again it's really beautiful and I'm glad you are...you wanna do
that, which is great. All the time when I see(mumbled) do that,which is great.
Mims: The pictures are beautiful! I just....didn't take long to Google stone house, Cedar
Rapids Gazette(laughter) flipping through them as everybody else is making their
comments, cause I've driven by there umpteen times over the many decades I've
been here in town and so see it from the outside, but....the pictures of the inside,
you have restored it beautifully. It's absolutely gorgeous. So....glad to do this!
Throgmorton: Any further discussion?
Salih: And I know you but I don't know that's your house (laughs)you know(mumbled)
Throgmorton: Okay! Roll call please. Motion carries 7-0.
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11.c. Zoning code amendment related to minor amendments to address
inconsistencies—Ordinance amending Title 14, Zoning Code of the Iowa City
Code related to clarification on code language in multiple sections. (ZCA18-
00004)
1. Public hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Danielle!
Sitzman: Thank you, Mayor. Urn, the Iowa City zoning code is what we call a living
document. That means it's subject to alteration and clarification as situations and
circumstances arise and change. The proposed ordinance addresses six issues that
have come to light with various aspects of code language and how the code is
applied. Um,these....uh, inconsistencies, uh, inadvertently accumulate as the
code is changed over time or that there are situations that need clarification. We
consider the amendments to all be minor and simply providing clarification to the
users of the code, including the Planning staff, the building inspectors,
commissioners, Council Members and government bodies, and the members of
public,um, who depend on the code for decision making. The cleanup is
intended to serve to eliminate inconsistencies between sections,uh, at different
times...that might have been adopted at different times and to clarify orphan
language throughout the zoning code. There are six topics that I'm going to
briefly touch on,uh, included in this ordinance. The first one has to do with
design review for sidewalk cafes. Sidewalk cof...cafes are currently allowed in
the Central Business District and within Riverfront Crossings. The code currently
requires sidewalk cafes to undergo a staff design review. After the City started
allowing sidewalk cafes, a cafe policy and sidewalk cafe regulations were then
developed. These polices and regulations address requirements such as safety and
consistency of the existing context of the neighborhood. So essentially design
review is no longer needed. Therefore the proposed amendment would remove
the design review requirements for sidewalk cafes, and eliminate that
inconsistency, uh,between various sections of the code and its enforcement. The
next has to do with a minor modification, uh, section for general education
facilities. General education facilities are grade schools,high schools, anything
below the university level. Essentially the zoning code currently outlines two
different processes to approve additions and accessory uses to educational
facilities that are less than 500-square feet in area. One process requires a minor
modification, the other process is more streamlined and requires review and
approval by the Building official. Urn, the current regulations,uh, create
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unnecessary confusion for these, uh, facilities trying to make small improvements,
um, to their facility while also making the approval process more difficult. The
proposed ordinance, urn, would essentially, urn, streamline the process,
eliminating the need for a minor modification,uh, for very small additions to
educational facilities. The next, uh, proposed change relates to alcohol-oriented
sales in the CI-1 zone, uh, Intensive Commercial zone. Urn, currently the code
only allows alcohol sales in the Intensive Commercial zone if they are associated
with a gas station. Uh, previously in 2013, there was an ordinance amending uses
permitted in the Intensive Commercial zone to...to be more similar to uses
allowed in a neighboring zone, urn, the Community Commercial zone. With that
amendment the Intensive Commercial CI-1 allowed restaurants and bars, medical
and dental offices, and sales oriented retail,but through that amendment did just,
it was just simply silent on addressing alcohol sales. Um, this was recently
brought to staff's attention because we did receive an application for delivery
service business that requested a liquor license in the Intensive Commercial zone,
but urn, is not associated with a gas station, so therefore was not allowed to obtain
a liquor license. Staff in reviewing the previous code adoption feels that it was
simply an oversight when the code was amended in 2013, uh, to not address
alcohol-related sales, and the proposed amendment would remove the provisional
use criteria that's still being applied (clears throat) in the Intensive Commercial
zone, and would allow therefore,um, liquor licenses to be issued,uh, without
having to go through, uh, additional steps. This does show the Intensive
Commercial zone, it's the grayish area, uh, along the left and...and bottom edge,
and the (mumbled) the more commercial intensive zone is the red zone. Urn, this
area's where the applicant has asked for, uh, consideration for a liquor license,
and it's primarily in areas outside of the downtown that we see the application of
the Intensive Commercial zone. The next,uh,modification has to do with a
section called Alternatives to Minimum Parking Requirement,but this essentially
has to do with parking fee in lieu fee collection. The code outlines provisions for
parking reductions in the downtown and Riverfront Crossings parking district.
Uh, these parking reductions, if approved, require the developer to pay a fee in
lieu in place of providing the parking. Urn,they....previously have been allowed
to pay the fee either in one installment or three annual payments thereafter.
Typically staff, or the City requires payment of other fees prior to the issuance of
a building permit. So the three,uh, annual payment option has caused some, uh,
confusion and inconsistency in how it's, uh, collected. Urn, we've had to chase
fees and have, um, found that to be(clears throat) an ineffective way of collecting
the fee in lieu. The proposed amendment staff is proposing is to eliminate the
option of the three annual payments and simply to require payment,uh, prior to
the issuance of the building permit, thus bringing this particular fee collection in
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line with other City fee collection. The next section has to do with, um....surface
parking lots and structured parking lot design. Urn, it's, uh,related to stacking
space sizes. Currently the zoning code specifies a driveway width for surface
parking lot,but does not do so for structure parking. Essentially staff has been,
urn, using a standard and would simply like to have the standard included in the
code so that it's more clear what the standard is. And finally the last, uh, code
change item has to do with the definition section. It would be clarifying the City's
current practice to not allow bed and breakfast homes, or inns, in duplexes. We
have a conflict in the definition sections between bed and breakfast homes, bed
and breakfast inn. Uh, the Planning Commission has reviewed these, uh,
proposed changes, uh, they discussed them at their December 20th meeting, and
did recommend that...for the adoption of the proposed draft ordinance to make
these changes. I'd be happy to answer questions.
Cole: I'm concerned about the expanded alcohol sale, um,have we consulted with the
University task force on drinking there, and if...and if you can share,what...what
business is this (mumbled)
Sitzman: Sure, there's the....(mumbled) There's a delivery service, called goPuff, um, they
would be located on Stevens Drive. Um, they currently deliver groceries and
other sundries to your home, if you call them. They would simply like to add, uh,
liquor. Alcohol is one of the things (both talking)
Cole: ...wine and liquor? And beer?
Sitzman: I'm not familiar with their liquor license (mumbled) liquor and beer, or just wine
and...and alcohol. I wouldn't wanna lead you astray,but they have....they do
need a liquor license to do the full service that they are requesting. I believe the
applicant,weather permitting,might be in the audience tonight so you could ask
them questions as well about their....their business. Um, no we have not
consulted with the University. (unable to hear person speaking from audience)
Cole: Yeah (mumbled)unless people have other questions (several talking)
Throgmorton: Go ahead!
Cole: ...talk out of turn.
Throgmorton: Good evening.
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Bisgard: Good evening. Urn, my name's Jace Bisgard. I'm an attorney at Shuttleworth
and Ingersoll, um, in Cedar Rapids and I am here on behalf of goPuff. Um,
probably two, three months ago I spoke with Danielle and Tracy and....and talked
with them about what we felt was the inconsistency in the code. Basically all that
goPuff is looking to do, um....(mumbled) delivery service. They're already.....
delivering items throughout the community, um, and they already have licenses,
um, in Cedar Falls,Ames, and Des Moines. Um, they're looking to do the same
thing here in Iowa City. Uh, they have a set location, uh,the location where
they're at, urn, if they were a gas...simply if they just put a gas pump in front of
where they are now, they would be able to do it. Um, all they're asking to do
basically is be able to get a license, urn, without having to (both talking)
Cole: Are there any hours,restrictions on the time of delivery?
Bisgard: Yes. Uh, delivery hours.....delivery hours are different than license hours in
Iowa. The delivery hours, it's capped at 10:00 P.M. Um, so even though like a
bar obviously you can serve until 2:00 A.M., uh, delivery is capped at 10:00 R.M.
and there's a...other wide variety of delivery rules that they're well aware of,
cause I made them aware of, um, as far as the delivery can't be done by like an
Uber type service. It has to be done by, um, either...by a vehicle that's owned,
licensed, or owned...owned or leased by goPuff themselves. They know all those
rules, urn,they're following all those rules, and the other jurisdictions are ready,
urn, they've been in business for multiple months already, selling the non, um,
liquor items throughout the community, and they're doing the same things in
other communities. So they're well aware of the delivery rules, um, and will
certainly plan to follow all those.
Mims: So they're not selling from that location, they're delivering like to people's
residences, is that what they're doing?
Bisgard: Correct. So....they have, they....technically people can come there, if they'd like.
Um, they have the ability that people can come there and purchase items there if
they want. Um, but that is not their intention. There are no signs up front that...
that show that it's....it's basically a warehouse. Um, so the likelihood of anybody
actually coming to the location and buying anything is remote,um, and in fact
their model was they would prefer that they not do that,urn, Iowa...the Iowa ABD
actually requires them to get the license that they....that they're requesting,they
require them to have the ability for people to walk in if they want to.
Cole: Can the existing liquor stores do delivery as well?
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Bisgard: Urn, I can't answer that in Iowa City. I know there are other places in the state of
Iowa that do.
Taylor: So it's not a company that runs to Hy-Vee and buys whatever it is the customer is
wanting them to deliver.
Bisgard: No (both talking)this is a full warehouse area. They're actually....they're based
out of Philadelphia initially, um, and....and actually they are very well known in
the east coast. Um,they've been expanding to the Midwest,urn, and mostly
their....their model obviously is college towns and then larger communities like
Des Moines. Um, like I said the...the four locations currently; they're in the
process of looking to also add to Council Bluffs and Davenport as well. Like I
said,they're slowly moving(mumbled)Midwest. They're very well known out
in the....the east coast and....and have a very well known business model out
there.
Mims: But if we make the zoning change, then....basically any,Eleanor, am I correct, if
we make the zoning change, we're opening this up for....anybody to apply for a
liquor license within this zoning area, correct?
Dilkes: That would apply to the whole zone.
Mims: Right. So....
Throgmorton: In other words not just to the business.
Mims: Oh,no....no, I just....I just want to clarify, cause I, I mean I know that's the case
and so I'm just kind of thinking through what area this is expanding it to, and
obviously staff has looked through it and P&Z's looked at it. I just wanna make
sure(both talking)
Bisgard: I'd also just clarify, again,this area already....you're already able to get licenses
if you're a convenient store.
Mims: Right(both talking)
Bisgard: ...gas station they'd be able to get it. So it's not like this is an area that doesn't
have any options to begin with,um, and actually I would....put in,plug that the
Planning and Zoning Committee have been wonderful to work with. Um,when I
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first spoke with them,um, and discussed the options, at one point goPuff even
talked about potentially doing a gas station model here in Iowa. We talked about,
that's not....that doesn't meet with their model and...and obviously the Planning
and Zoning Committee (mumbled) realized that's not their model of(both talking)
Mims: Right.
Bisgard: ...if they have to do that, that's something they would look into. Certainly I don't
think that would be a benefit to anybody.
Taylor: First of all I think it's ironic that, uh, that alcohol is permitted at someplace where
people are going to be driving in and out, and buy the alcohol and then driving in
and out, uh, but I also wanted to clarify that, uh, if there's just this one aspect that
we're uncomfortable with,then the entire code amendment changes would fail.
It's....it's a package deal. We have to approve it as a package. We can't say
(several talking)
Throgmorton: ...have to amend it(both talking) if we wanted to do that. I think....what I'm
hearing is some concern about possibility that this site itself,maybe even the
building itself, in some future point, would be used, uh, for a business that wants
to have walk-in, uh.....um, customers, who....who walk in and buy liquor and,
you know,move on.
Bisgard: All I would say to that, Mayor, is....is if you actually went and saw the site
(laughter) the possibility of that is incredibly remote. It is basically the back
corner of a, it's almost like a.....a warehouse facility, where it's....it's off the
beaten path, it's back in a corner, um, the idea of somebody else going back there
and trying to use it for....cause really, and Danielle can correct me if I'm wrong,
but I believe that really the only amendment that's trying to be done to this
specific section is just to take out I think four words, um, quick vehicle servi...
servicing provision,because the quick vehicle servicing prosi....provision
basically means....gas station or gas pump. Um, it's just taking out the gas pump
part of this. Other than that the....the code section will remain the exact same.
Anybody coming in would have been able to do the same thing anyway.
Throgmorton: Got it! Thank you, Jace. Any other questions (both talking)
Mims: ...for Danielle I do. Danielle (several talking) thank you! The map you're
showing us, is this all of the CI-1 zoning in the City?
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Sitzman: No it is not,but we could certainly provide that for you. If you looked at the
zoning map, you could find the CI-1, uh, color-coded. It's primarily areas south
of...Highway 6 and west and east of the river, but I...that's not all of it. So
(mumbled)
Mims: Well I know there was some concern raised at P&Z, but they did pass it, um....I
guess my thought is staff has vetted it, P&Z has vetted it,um, I think obviously
those concerns have been talked about and considered in those venues and so if
they're comfortable with it, I'm willing to go ahead and support it.
Throgmorton: Me too.
Cole: I...I'm not. I think this is not a minor code change. This is a major code change.
And I think that if we're going to, um, expand where, you know, essentially an
alcohol delivery service, which is my understanding that that's what this is, I think
we should have at least feedback—I know it's not a University zone—but our
partners,urn,with the University of Iowa. I anticipate that this service will be
utilized in a lot of the neighborhoods. Um, I have major concerns about this.
This is similar to our policy on alcohol in the parks. We got a proposal and it had
not been vetted. So I'm opposed to it. I could be persuaded to change my mind
into the future, um,but let's be clear about what we're doing. We're expanding
facilitation of acquisition of alcohol,um,you can get a lot of places of Iowa City,
but the trend for the last several years and I think the Council's done really good
work on that(mumbled)previous Councils is restricting,urn, access and
restricting excessive drinking, and I have concerns that this is going to facilitate
that. Urn, so I'm strongly opposed to this. I think it's a major change and I'd
want it modified.
Mims: Eleanor, can I ask another question? Since this is zoned CI-1, can somebody
come in and open basically a retail store selling alcohol in the CI-1 zone? Or
selling, I mean, any kind of a retail type facility?
Dilkes: I don't know what the uses are in the CI-1. I can't...I mean....Danielle's gonna
have to answer(both talking)
Mims: Okay! (both talking)
Dilkes: ...uses are in...in CI-1.
Mims: Okay. Can you answer that,Danielle? Thank you! (several talking)
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Sitzman: ...don't have the zoning code in front of me,but it does currently allow bars and
restaurants, and so it does...it does allow, um....there's some provisional uses for
the....the request that they've had. This would remove the provisional (both
talking) simply make it a by-right allowance for it. Um....I don't have the entire
list of all(both talking)
Cole: So would that mean they could seek a provisional use under the current code?
Sitzman: Yes,but the provisional uses, I believe that they have to have the gas (several
talking) Yeah.
Throgmorton: I....I'd like to ask you a couple questions,Jace, with regard to the points that
Rockne has just made. Uh,to the best of your knowledge, are there other
businesses that currently deliver alcohol products...to customers out in the city,
here in Iowa City?
Bisgard: In Iowa City, I don't know. Um, like I said I know that, um,there are other...
places in Des Moines that do. Um....the one thing I would clarify and...and, in
answer to Mr. Cole's concerns,there are other locations in Iowa City where they
already could get this exact same license,urn, they would be able to...get a
location out of a C-1 zone, um, and apply. Obviously the reason they don't want
to do that,they're already established here. They've already started using, um,
the warehouse and they're already delivering a wide variety of products to
individuals,um....throughout the Iowa City community. Um,they've worked
with me as their counsel to make sure that they...met all the rules,regulations in
coming here, as far as delivery,um,using, you know,proper licensed drivers
through their company,um, they certainly could potentially start from scratch and
find a different location if they had to. Certainly don't want to do that. Um, and
again in...in working with Danielle and Tracy and everybody at the Planning and
Zoning,um, I...I think when I spoke with them about it, I think they were in
agreement that this was just simply an oversight, a change that probably should
have been made during a previous,uh...um(mumbled)the 2013 amendment to
the ordinance,when they...and again Danielle can correct me if I'm wrong on that,
but if you look at her, um, summary here, it says 'after reviewing the history of
the(mumbled) ordinance, staff determined that not allowing alcohol sales
associated with other uses allowed in the CC-2 zone was an oversight.' So my
understanding is if they wanted to go to a CC-2 zone, they could,um,but they
don't wanna do that. They obviously wanna stay in their...their specific location
they're in now,urn,because we had already actually started the licensing process,
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urn, and then in talking to Danielle, everybody agreed—my client and the City
agreed—that the best option that we felt was delaying....our application and not
hying to do a conditional use or a...a variance use application, because that's a
much lengthier process and they felt that bringing it to the City Council and trying
to do it this way would be the (both talking)
Throgmorton: Okay! With regard to another point that Rockne made, if there are no other
businesses that deliver alcohol, I don't know that that's true,but...you know, I
don't know what the situation is, but if that's true, what measures does goPuff
have to ensure that the people buying the alcohol are not underage, etc. (several
talking)
Bisgard: That's one of the specific, I mean there is this specific code section, um, or
administrative code section through Iowa ABD that specifically addresses
delivery, urn, again, I believe there probably is places in Iowa City that....that do
deliver already. Um, I don't know if you've heard recently but multiple Pizza
Huts throughout the state of Iowa are now delivering beer and wine in like 12
different locations. Um....there, Hy-Vee I know has looked into the option of
doing that along with their delivery service. Um, the fact of the matter is, if it
isn't in Iowa City already, it's coming. Um, it's an option that....it's....it's, and
the fact(mumbled) they can get that with their existing license. Um....
Dilkes: Can I just (both talking)
Throgmorton: Sure! Go ahead, Eleanor.
Dilkes: The question about what other uses are allowed in the CI-1 zone. So drinking
establishments are allowed in the CI-1 zone. Ur....alcohol-oriented retail sales
uses. So....liquor stores I assume, um, are allowed in the CI-1 zone. Um....
Fruin: Is it a provisional or by-right?
Dilkes: Provisional and I think with....with drinking establishments, that's the spacing
requirements I think, but....and I can't remember what the ones for alcohol sales-
oriented retail uses are,but mem...there....there were some changes made at the
time we did the drinking establishment ones. Um....
Bisgard: Within probably a quarter-mile of their location, I mean there's a Hy-Vee, there's
the Carlos O'Kelley's, there's multiple gas stations, I mean there's a wide variety
of different licenses available in that area. Um....
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Cole: Did you have discussions with the University, cause my concern is is...what are
the measures when you go to a party and there is....50 kids there,urn,presuming
not every child is carded,um, did you talk to the University about the impact of
this potentially on,uh, drinking in off-campus apartments?
Bisgard: No. I have not had any conversations with the University at this point.
Urn....again all I can tell ya is there are very specific delivery rules and
requirements in place, as....as far as they're required to obviously I.D. u...upon
delivery, urn,they're also required when they make....these are all online sales
basically, or the...or the orders are being placed online,um, and they're required
to have a....you can't just go on and just make an order as a 13-year-old kid. You
have to have....you have to have signed up through their delivery service and be
able to....you have to be in their program to get the delivery. It's not something,
and you couldn't just go on right now while you're, I mean you have to actually
apply and...and get an account, and then in addition to getting the account, once
you get there you have to have obviously an I.D.
Salih: Just a minor point, you know,what you said, uh, I have....my kids they order all
the time from goPuff, you know. I really would like to know(mumbled)his point
exactly(unable to understand)you have to make sure my kids is not gonna call
you and ask you for....for alcohol(unable to understand)
Bisgard: Well I mean you can certainly ask,but when they....when they get there they're
gonna have...it's just like if you go to a bar. I mean they're gonna be required to
I.D. (both talking)
Salih: ...have to ask for I.D.?
Bisgard: Oh, correct. Yeah, definitely! Yes. There's....they're not gonna leave it at your
doorstep, I mean this is not like an Amazon delivery where you're getting beer
just(mumbled) doorstep. You have to actually be there in person,with an I.D.,
showing that you are of age (mumbled)
Salih: Okay.
Bisgard: And that's, again,that's more than just goPuff. That's,there's very specific
administrative code section laying out exactly what these delivery services do,
because like I said, goPuff is one of many throughout the United States. They just
happen to be the first one that decided to come into the state of Iowa, um, you
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know, it's kind of the wave of the future as far as....all these type of delivery
services for...and again, they're already doing a pretty wide variety of business in
non-alcohol sales and so their name is out there and people I think already
associate them as doing delivery.
Salih: Honestly this is the first time that I know that there is....that alcohol could be
deliver. (several talking)
Teague: So in 1997, 1998 my cousin Harold Washington actually owned a liquor store on
Linn Street, and it was called The Cellar, and they actually delivered liquor, and
so I was involved on some level of his, uh, start-up business, and you know, this,
um, delivery of liquor was a new concept, at least for Iowa City, when I was here,
and I do believe that since then there has been some, uh, delivery of liquor from
liquor stores. For me I think this is, you know, already been vetted. Um, I don't
totally, I mean I hear the concern for minors, and I....and I get that concern. Um,
if this was not in this area,um, it....you know, it can be allowed anywhere else.
Would it be easier....well, I guess from one point of view if this wasn't in that
zone and it moved to a different zone, I think it would be. Uh, for me if it were
just,you know, a change in language, urn, I'm okay with that. I...you know, I...I
do hear the concern about the minor liquor, um, sellin'to minors, but the reality is
is that if they were in any other zone there would still be the situations and so for
me, I would be okay with, urn, with this.
Bisgard: And I would just add,this is....liquor licensing work is what I do on a regular
basis, and I can tell you that they, goPuff has been told dozens of times by me the
specific rules in Iowa, not only with delivery, but....extending it further as far as,
you know, all of their delivery drivers, all of their people are....are going to be
doing the IPAC training, if they haven't already, urn, they've been told all the
specific things that they need to do, to abide by all the Iowa ABD rules as well.
They're very cognizat...cognizant of that and they....(both talking) they
understand that as well.
Teague: If we're talkin' about safety, I mean this actually provides a safe avenue for
people to get liquor delivered to their home, and not go out if they're, you know,
runnin' short, and so, urn, that is somethin', you know,that I do think should be
taken into consideration as well.
Throgmorton: Okay, let's remember this is only first consideration. So we vote the way we're
gonna vote, but you know, then there's second consideration and third.
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Bisgard: (mumbled) I'm happy to come back in a few weeks with the second
consideration, but there is a very....like I said,there're very specific information
dealing with delivery. I'm happy to provide that information to the (both talking)
Throgmorton: I...I think we need some more information, at least some of us certainly do.
Bisgard: Do you want me to provide that to....to Danielle, and she can get it to you before
the next meeting?
Throgmorton: Sure.
Bisgard: There's very...very specific (both talking)
Throgmorton: As long as it's not a tome (laughter)
Bisgard: No, no it's not! The Iowa ABD has done a...I'll send you the actual
administrative code,but the Iowa ABD has done a wonderful job. You can get on
their web site and Google alcohol delivery and they have a two-page little
checklist of things that talks about the hours of delivery,the rules for....for
drivers,the rules for, you know....I.D.ing people, those types of things. I'll
(mumbled)you can look(mumbled) get to everybody(both talking)
Throgmorton: Okay, so we need to....thank you. Uh, so we need to have a vote. (both talking)
I'm gonna vote for it, but I have concerns and they come from what Rockne said,
they come with what you said, Susan, about the University. I'm a co-chair of the
Partnership for Alcohol Safety. I think a lot about the effect of excessive alcohol
on....excessive drinking on students. So I....I don't take this lightly. Yeah. Uh,
so any further discussion?
Thomas: Yeah,just briefly. So....
Throgmorton: Well I need to close the public hearing. I haven't done that yet.
Dilkes: Why don't we ask if there's need for a consult with P&Z.
Throgmorton: We can do that but...but first, I haven't closed the public hearing yet.
Dilkes: But I want you to do that before you(both talking)
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Throgmorton: That's right, I have to do it before, right, so....yeah, so how....how many of you
are, at the moment, tentatively inclined to support the Planning and Zoning
Commission's recommendation, for tonight at least. All right, so...so we don't
need a....a consult.
Dikes: You can close it.
Throgmorton: Okay, anybody else want to address this topic? I'm gonna close the public
hearing. (bangs gavel) Could I have a motion to give first consideration please?
2. Consider an Ordinance (First Consideration)
Mims: So moved.
Salih: Second.
Throgmorton: Moved by Mims, seconded by Salih. Discussion?
Thomas: Yeah, one....one thing I'd be interested to hear a little bit more about is as I
understand it, we're dropping not only the gas station piece of this, but also the
provisional aspect of it. So it's by-right, correct? Yeah, so I'd be kind of
interested to hear what....could be said about that.
Cole: Jim, I also think if you could reach out to the UI colleagues on that, alcohol
safety,just for their input. That would be helpful.
Throgmorton: Okay. I don't know, some folks in our Student Government could probably
provide advice too. Uh....any other discussion?
Dikes: I can look a little more closely at this too, I mean it looks to me like, I mean, I'm
going to have to look more at what's already allowed, and I think this is more of a
cleanup issue than it is a substantive issue. So....
Throgmorton: If that's all it is, it'll fly through. Okay! Uh, no further discussion? Roll call
please. Motion carries 6-1.
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11.d.Tegler Second Subdivision—Preliminary Plat—Resolution approving
the preliminary plat of Tegler Second Subdivision, Iowa City, Iowa (SUB18-
00016)
Throgmorton: Could I have a motion to approve please?
Thomas: So moved.
Salih: Second.
Throgmorton: Moved by Thomas, seconded by Salih. Discussion? What can you tell us,
Danielle?
Sitzman: I can tell you a little bit about this. It should be fairly familiar. This is the, uh,
preliminary plat for Tegler. It's about a seven-acre, uh, two lot residential
subdivision with one outlot for, uh, outlot for future development. It's a LIHTC
project that has been rezoned recently, and been before you in the fall. I'm sorry,
in December,um, it's been proposed as a three-phase project. Phase A is the
current, um, proposal for a 36-unit affordable family apartment building, funded
with LIHTC, funded by, um, in part by the City. Future phases include additional,
um, potentially senior affordable housing, that, uh, the applicant has actually
started an application with the State for that, and then this outlot to the south,
which is, uh, not yet planned for development, um, but could be a future, um,
single-family development. Um, the rezoning, like I said, passed in December,
with several conditions. Um, minor conditions, and they've been proceeding
through the development stages,uh, to, uh, move towards construction.
Preliminary plat is the step that they're at. Um, they have submitted the plat.
Preliminary plat show the detail of the lot layout, future public streets, where
utilities would go, uh, where sensitive areas are, and how they will be
accommodated, and grading. Um, as I've said, they are requesting, um, primarily
so they can begin construction on lot 1. So the next steps after this would
eventually be a final plat and building permit, uh, applications. In reviewing the
final...the preliminary plat,we do look at all of those features that are included
there, and uh, they are reviewed by various departments of the City. We review
for traffic implications, access, and street design. Urn, the preliminary plat does
show a proposed sidewalk system, including five-foot sidewalks on both sides of
the new, uh,public street that will be connec...uh, constructed as part of the plat.
Those sidewalks will connect to existing sidewalks on the south side of Rochester
Avenue. Um,the new public street to be called Nex Avenue will be a 26-foot
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wide road, urn, intersecting with Rochester. Um.....as far as traffic, the, urn, full
build-out of this...potential three phases of development here is minor. It would
have minor impacts to the carrying capacity of Rochester Avenue, which is well
below its design capacity at the moment. Urn,Transportation staff also did
review this application, uh, for us and there are,uh, transit opportunities in several
areas adjacent to the future neighborhood. We also looked at neighborhood open
space, sensitive areas, storm waters and sewers. Um, in this case the applicant is
choosing to make a fee in lieu contribution for the neighborhood open space, 24
acres of land would be required. Otherwise they will pay the fee in lieu there.
There are some environmentally sensitive areas in the proposed development,
including steep and critical slopes,both of which will be impacted, uh,be
development through the full build-out of all three phases. Um, in this case they
are proposing, uh, a preliminary storm water management plan that impacts the
slopes. That is an allowable use of sensitive areas and the Engineering division
has reviewed their site grading, erosion control, and sensitive areas plan for the
impacts to those environmentally sensitive areas. Their storm water management
will be through a system, a connected system of dry basin detention, uh, facilities,
and then we did also review sewers. There was some concern about sewer design
depth,but those were actually resolved prior to the Planning Commission meeting
in early January. Um, this is their concept plan that they are showing for phase A
and B. This is the multi-family on lot 1 and then the future potentially senior on
lot 2. Um, this is just a concept drawing at this point, so it is subject to change,
but we expect to see them kind of refine this,uh, as they move forward to final
plats, and building permits. They have also updated their concept plan for the
elevations, which they have shared. And they are fulfilling some of their
conditions that were placed on rezoning having to do with landscaping. So
they've actually already submitted a landscape plan for review by the City
Forester, who is, uh,had some review comments, which the applicant has
committed to address. Um, there was a requirement for additional landscaping
basically to deal with noise and wind buffering along Ro...Rochester for the
res...future residents of this neighborhood. Urn, at their January 3`a meeting, the
Planning and Zoning Commission did recommend approval of the proposed
preliminary plat. Happy to answer any questions!
Throgmorton: Any questions for Danielle? Apparently not! Thank you. Council discussion?
Oh,well is there anybody else who wants to address this? Zac,how bout you?
Only kidding! (laughter) Council, uh, discussion?
Cole: Love LIHTC projects! So, great work!
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Taylor: I love the mixture of the affordable units with the one, two, and three-bedroom
units and the mixture of the, uh, affordability of it. I...I do like that. I would love
to see...the only thing I don't like is that it's such a far end of town, but uh, that's
the only drawback.
Throgmorton: Anyone else?
Teague: I think it's a great option for our community.
Salih: (mumbled) Yeah.
Throgmorton: Okay! Roll call please. Motion carries 7-0.
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11.e.American Legion Road County Rezoning—Letter to the Johnson
County Planning and Zoning Commission withdrawing opposition of a
rezoning from County Agricultural(A) to County Residential(R) for
approximately 11.34 acres of property located in Johnson County south of
American Legion Road and west of Wapsi Avenue SE in Fringe Area B—
Outside the Growth Area (CZ18-00002)
Throgmorton: Could I have a motion to approve please?
Salih: Move.
Teague: Second.
Throgmorton: Moved by Salih, seconded by Teague. Danielle!
Sitzman: Just a quick refresh. Urn, as you will rec...recall, in the fall the Planning and
Zoning Commission did recommend, um....opposition to this rezoning. Urn,that
was based on staff's analysis of the interplay of the location of this property with
our existing Fringe Area Agreement,um, which is no longer current and is out of
step with the County's own comprehensive plan. Um,the...at Nov...at the
November 6th meeting you did uphold the Planning and Zoning Commission
recommendation. That was communicated to the Johnson County Board of
Supervisors. The application has since worked its way through,um,the County's
planning process and the Board of Supervisors,realizing that they would probably
be in conflict with the letter sent from the City did request a consult,per the,um,
terms of our fringe area agreement. On January 11th,uh, a joint commission of
County Commissioners...or County Board of Supervisors and Iowa City City
Council Members did meet to discuss, um, the conflict. Urn, the subcommittee
did recommend approving the rezoning, um, realizing that the County's plan does
recommend,um, the rezoning and that their Fringe Area Agreement was out of
date, and that both bodies have committed to updating the Fringe Area
Agreement,uh,to,uh,bring it up to date with current planning for both
jurisdictions. On January 17th the Planning and Zoning Commission, uh, was
asked if,uh,they would want a consult with the City Council,because...
understanding that the committee was going to report back,urn, in...in opposition
to the previous recommendation(mumbled)Planning and Zoning Commission
did unanimously decide that a consult with City Council was not necessary on this
issue. The Commission expressed that they did not object to the proposed plan,
that were merely acting at staff's suggestion to not recommend approval of the
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rezoning due to the zoning conflict with the Area Fringe Agreement. So just
wanted to report that back to you tonight.
Throgmorton: Thank you, Danielle. Any questions for Danielle?
Cole: Could you just clarify how many single-family homes would be in this, and what
would be the lot size?
Sitzman: Um, the lot size is about an acre, and it's a seven single-family residential lots and
one outlot. So, I'm not sure if you can see the (mumbled) lot lines on that one,
but um....they kind of lay out, um, the outlot is the narrow corner to the right.
Everything else is lots. There's two....there's a street system here and then the
lots kind of lay out two and two and then several more here. So they would not
have individual driveways onto the street. They'd be serviced off of that street
network. An internal street network.
Mims: I guess I'm just not quite clear why we're bothering to do this. I mean we all
knew when we did it in the beginning that....it was an issue of them having, the
County having updated their comprehensive plan or zoning, and we just hadn't
caught up with that in terms of the Fringe Agreement. So....
Sitzman: So it's much like the consult that's offered to the Planning Commission, um,this
Fringe Area Agreement has a conflict resolution clause, which says if the County
thinks they might vote in opposition to our recommendation as a city that they
would form this committee and discuss it. There might have been other options,
uh, recommended,but in this case, um, and the committee members here can also
talk to this, it was felt that since we were working toward a fringe area, a new
fringe area that there was no need to continue to oppose this rezoning, even
though technically it does not meet the current Fringe Area Agreement.
Teague: I think it was very diligent of our City staff to acknowledge that, you know, the
Fringe Agreement was not bein', um, you know, abided by, and you know, to
bring this, um, forth in conversation with the County. Urn, it was my first time, a
part of a conflict, um, situation (laughs) with anybody. Well, another municipal
body, and you know, the compreh....you're exactly right, the County's
comprehensive plan had been changed, and I think it had been changed a couple
of times,um, and so my walk-away, uh, from that situation is, in the future when
we...we're gonna, you know, everybody's in agreement to come and talk about the
fringe, um, agreement,but I also (mumbled)put in there some language, you
know, if, you know, the comprehensive plan is gonna be changed that impacts the
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fringe agreement, then that needs to be discussed on some level, and so
confident that, you know,when, um, everybody gets together that we'll be havin'
somethin'in place so that we don't have this situation, hopefully, in the future, if
we can avoid it. So I...I think it was, uh, great havin'everybody at the table,um,
comin'to an agreement and I, you know, kudos to the City for just,urn,bein'
diligent and bringin'this, urn,you know, opposition to just state 'this is not what
we agreed to,' and let's sit down and have a conversation, and then from here on
move forward. So,urn, I...I think it was, it...it turned out to be really good for
both County and City.
Mims: I guess my...I mean I don't care if they go ahead with the rezoning. That...that's
not my issue. To me I guess it's still more of a process issue. Why are we
changing our mind and saying it's okay,when we still don't have a Fringe
Agreement done? Just let the County go ahead and do the rezoning, even though
we have said we don't agree because it doesn't meet the current Fringe
Agreement. I, I mean they can still do that,right, without our agreement? I mean
I....
Cole: This is just a recommendation, correct? From us, to them, correct?
Mims: Right, so they can still do their rezoning without our agreeing to it and we didn't
agree because the Fringe Agreement wasn't updated. So I guess I don't see why
we would now say we agree when we still don't have a Fringe Agreement
updated. They can still go ahead and do their zoning,which I would expect they
do, which is fine. I'm not gonna criticize them for that.
Thomas: Well we may not have agreed, as...as you were saying,if they could proceed,
whatever position—so be it,but I think it was....it was good to hear, and...and
acknowledge that the Fringe Agreement will be addressed(both talking)
Mims: I agree!
Thomas: So in that sense, I think having met and,uh...coming to some resolution had some
benefit. They did thank us for showing(mumbled)
Teague: I think we...and I hear what you're sayin', but I think we acknowledged,um, you
know(laughs) uh,just comin'to the table and sayin' `you know what, for us it's
not even an issue, I mean one your comprehensive plan, you know, supports it.
We're....we're gonna support it because, you know, now we're sayin'we need to
talk about this Fringe Area Agreement(both talking)
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Mims: Right,which we(both talking)
Teague: ...but I hear what you're sayin' (mumbled)but I...I think it just, urn, kind of a
good neighborly thing to say 'yes,we...we, you know, support you in doin'this
and let's make it a priority to do the Fringe Agreement.'
Mims: I guess my concern is, if we ended up sitting down to negotiate that Fringe
Agreement, and we still have issues there, are we agreeing to something now that
we wouldn't agree to with a new Fringe Agreement? I don't know. It's just(both
talking)
Throgmorton: Yeah, I...you know, I think we're talkin'about a letter here. I...let's just vote and
move on, cause it's (several talking)
Cole: I mean I think this is a big deal because, you know, Jim, earlier a couple weeks
ago you had talked about Minneapolis eliminating single-family housing and how
to a large degree,um,that zoning type, that we've....we've made a lot of progress
for...for several years on this. I totally understand it, it's advisory. They can
ignore our point of view. I love single-family housing. I live in a single-family
house,but these sorts of developments where you have huge amounts of land, one
acre. As I understand it's one acre per house,the County can do what the County
wants to do,but we need to communicate that when we have the land scarcity that
we do, and we're talking about issues of affordability, inclusion, and exclusivity,
part of the thing driving the conversation on developments like this is that they are
exclusive. They've gonna be super-high end houses and, you know, again the
market is what the market is,but that's subject to the parameters that we set. So,
they can do what they wanna do, but I'm gonna oppose it because I do not think
with our climate change, with our inclusionary goals that we have, that we should
be supporting projects like this.
Throgmorton: Fair enough. Any other discussion? Hearing none, it's going to be a voice vote.
All in favor say aye. Opposed. Motion carries 6-1. Moving on.
Dilkes: Cole in the negative.
Throgmorton: Sony?
Dilkes: Cole in the negative.
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Throgmorton: Oh, sorry, Cole in the negative(mumbled) earlier with regard to one of the
decisions. Uh, not that it was Cole in the negative before. I don't know who was
in the(mumbled)
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12. 2018 Building Code Update—Ordinance amending Title 17,Chapter 1,
Building Code, by adopting the International Building Code,2018 edition,
including Appendix K,and the International Residential Code,2018 edition,
including Appendix F and Appendix J, and providing for certain
amendments thereof; adopting section 103.6(1)(a) of the Code of Iowa(the
state electrical code) and section 105.4(1)(a) of the Code of Iowa(the state
plumbing and mechanical codes); to provide for the protection of the health,
welfare and safety of the residents of Iowa City, Iowa.
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Danielle! (laughs)
Sitzman: I like to think of my job....I organize the work of my job into three categories—
the plan,build, and care spheres—and so I'm taking off my plan hat now, I'm
pulling on my build hat. So we're gonna talk about building codes! Um, every
three years the City adopts a set of,uh,model codes, um, in compliance with, uh,
lots of other,uh,jurisdictions that do the same thing. So our building codes
basically regulate our construction activity in the city. Um, we adopt what I said
is the model code, which is developed by the International Code Council,um
(clears throat) and then we make local amendments to it. We have certain,um,
restrictions on what we can do as a city,placed upon us by the State. The State
actually requires cities,uh, to adopt certain codes, uh, and to stay on the cycles
that they are on. In 2015 we went through a process like this and we actually
made,urn, changes to get ourselves in line with the State code cycle. The State
does still allow cities the, uh, opportunity to,uh, adopt codes, the International
Residential, uh, Code, and the International Building Code,with local
amendments. So this is a process by which we are doing that, as well. Um,
joining me tonight, if we need him, would be Tim Hennes. He's our Senior,urn,
Building Inspector. His job is to go through these codes every three years and
review them and to make those,um, proposed local amendments, and then to take
that,urn, code cycle and those code amendments through both our Board of, uh,
Adjustment, I'm sorry, Board of Appeals, the other A. The Board of Appeals,
who makes a recommendation to you tonight about those local amendments and
then we also do outreach to other groups. So we,uh,have actually taken this set
of code proposals to the Homebuilder's Association and also visited with them
about the codes. Um,the benefit of doing a code adoption every three years is
that you're never too far off from,um, changes in, u n....technology and building
safety science. Um, it also helps our building community,um, adjust to those
changes. Many of the proposed local amendments tonight simply maintain
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existing practices, urn, that we have already incorporated in past code cycles.
Urn, you will notice we continue to, uh, adopt our usability and visibility...visit-
ability standards, urn, as does the County. So those are some things that are
unique to,uh, our code here. So coming before you tonight is the proposal from
the Board of Appeals to adopt the 2018 I Codes and....along with the....other, uh,
State codes for the, uh, other trades as mentioned in that very long title. So if you
have specific questions about code, I'm gonna defer to Tim, but otherwise that
concludes my report.
Throgmorton: All right, here's another opportunity to ask Danielle questions. I'm gonna ask you
one,but maybe this really is for Tim. I wanna know about the energy code. If I
understand correctly, uh, what's being presented to us tonight, uh, continues, I
don't know, the...uh, the code as adopted back in 2012 or 2013, I don't remember
which, and...uh, a new International...Energy Code is coming out in 2018, I'm
sorry, mid-2019. What I warma know is whether that code will automatically be
adopted by the State or whether they're gonna sit on the 2012/2013 version.
Sitzman: So I'll let Tim answer the...his knowledge of what the State is contemplating, but
you would be correct that we have....we do have to enforce what the State adopts.
So that's....that's who sets the tone for us.
Hennes: Yeah, they're the same International Codes every three-year cycle, so we're on the
15, we're going to the 18 with the Building Code. The State's on the 12. So they
did not adopt the 15. They're lookin'at adopting the 18. So once they do that
then we'll be on the State,the 18 code.
Throgmorton: Yeah(mumbled) you know, significant advancement in the energy code, so it
bothers me that they're doin'the 2015 code. They're not doin'the....they did not
update it in 2015, and who knows whether they'll adopt it in 2018, or 2019, sorry.
So....
Hennes: Yeah, it's....it's in the hands of the State.
Throgmorton: Okay. I understand. Any other questions for Danielle or Tim? I guess not.
Thank you. Uh, anybody else wanna address this topic? Seeing no one I'm going
to close the public hearing. (bangs gavel) Could I have a motion for first
consideration?
2. Consider an Ordinance(First Consideration)
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Mims: So moved.
Thomas: Second.
Throgmorton: Moved by Mims, seconded by Thomas. Discussion?
Mims: I'm glad we have staff to go through these details. (laughter and several talking)
Throgmorton: I think that's enough discussion. (laughter) Roll call please. Motion,uh, carries
7-0.
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13. 2018 Fire Code Update—Ordinance amending Title 7,Chapter 1, Fire
Prevention and Protection, by adopting the 2018 edition of the International
Fire Code to regulate and govern the safeguarding of life and property from
fie, explosion, life safety risks, or health hazards.
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Hi, Brian,how ya doin'?
Greer: (unable to hear, away from mic)
Throgmorton: Pretty good!
Greer: I wish I could have Danielle help me out too (laughter) (mumbled) Um,kind of
just the same vein that they're talkin'about, we're also looking at,urn,taking in
and adopting the 2018 fire code, along with some amendments, and you know,
kinda takin'the....l met with both the fire marshals from Coralville and North
Liberty, and we kinda looked at all of our amendments together and while we
didn't agree on all of them,we....we did get a little closer to the,to having a little
more consensus between all of us so...we're,we've kinda went in that direction,
so that....that's a good thing. Um, we...we need to update codes, not only because
as Danielle said,technology moves so fast, especially with,uh, like fire alarm
systems and things like that,that, you know, now everything's gettin'to be
wireless and, you know, different,um, different methodologies to...to make 'em
work,but it....it just, it allows us the opportunity to....to take any of the....the
newer technologies and put `em to use, you know, as far as fire and life safety
concerns are involved. Um....one thing we...we need to do as a Fire Department
too, as an accredited agency, we need to actually adopt each code cycle as it
comes through. There was a time back in the 2012s where, you know,the
Building Department didn't....did not go with the....with a certain code and so we
were a code, um, ahead of'em, but now that we're back on track with each other,
it's nice, because both...all the codes kinda work together, and it's just a...a good
thing. Again,the...the Board of,uh,the Board of Appeals,we were at the same
meeting. They recommended approval for...for these codes and....and, you know,
if you have any questions about any of the stuff in there,the amendments....most
of, I got rid of several amendments that were outdated. I added a few,but most of
those were just a clarification...to help somebody who looks at the amendments to
understand what it...what it was for. So I...take any questions you have.
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Teague: How are people in our community,urn,notified of code changes and....and then
even clarified of what they mean, cause sometimes it can be left up to
interpretation of what some of this means.
Greer: Yeah,um, as far as knowledge of it, we usually once it's adopted,it...on....on my
end,most of it has to deal with fire protection and contractors and...and people in
that vein, along with,urn, the Building Department, they...they have sections in
there too that...that were fire safety, urn.....
Teague: And I guess for the Buildin'Department, if like there's somethin'.....if there's,
you know, someone workin'on a new project, and somethin'just changed, I
mean, lot of these individuals are used to the, you know,potentially the old way,
so how....how would the individual know these code changes?
Greer: Well they're gonna have access to the same code books that we do, and it's the
exact same...it....it all comes down to interpretation, some of it, and there are
other books that....that go along with it, like a commentary that gives you the
insight to what the thoughts were as they're doin'that code, so that we can
interpret it and try to get it right, and....you know, most of the time,we get
agreement and....and we tell 'em how....how to do things correctly, or as we feel
that it meets the intent of the code.
Hennes: As far as addressing the public, when a client comes in, we know we're working
on the correct codes, we try to look at it both ways. Which way, you know,works
best for the project,but also coach them on if there's a significant change coming,
that, you know, by the time this project goes through,we'll be on to this code
more than likely. Uh, actually it happened today on a project. So we're startin'to
look at the 2018 code as guidance on their project,but that is an issue. I£..if this
is approved, it'll be adopted on the, after, uh,publication, if I'm not mistaken, on
the third reading. So the next few weeks, if...if this does move forward,we'll
start these...these smaller projects that are received(mumbled)under the current
code. So...the bigger ones,that are gonna take longer to design, we'll start
pushin' `em towards the 18 code.
Teague: Is this typical for so many codes to be recommended at one time? (several
talking)
Greer: Yeah,that way we're on the same code cycle and there's sections of....of my fire
code that are actually the same in building code.
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Teague: Sure.
Throgmorton: Any other questions for Brian...or Tim? I don't see any. Thank you, Brian.
Greer: Thank you.
Throgmorton: Anybody else want to address this topic? Seeing no one I'm going to close the
public hearing. (bangs gavel) Could I have a motion for first consideration?
2. Consider an Ordinance (First Consideration)
Mims: So moved.
Salih: Second.
Throgmorton: Moved by Mims, seconded by Salih. Discussion? Hearing none,roll call please.
Motion carries 7-0.
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14. American Legion Road Improvements—Resolution authorizing the
acquisition of property interests necessary for construction of the American
Legion Road Improvements Project.
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Scott, do you warn describe this to
us briefly?
Sovers: Sure!
Throgmorton: I was afraid you'd sit there all night and....and not have a chance to (laughs)
come up and speak!
Sovers: Scott Sovers, Senior Civil Engineer. So the American Legion Road project
generally includes complete reconstruction, uh, of American Legion Road from
Scott Boulevard to Taft Avenue. Urn, more specifically it includes conversion
from a rural section with ditches to an urban, uh, cross-section with, uh, curb and
gutter, urn, with sidewalks on both sides. It also includes a single-lane
roundabout at the intersection of Scott Boulevard and American Legion Road.
And then a pedestrian underpass, uh,just west of Barrington Road, near Hoover
School. The typical section, um, I think we presented it a while back,but as a
refresher we're going with the 30-foot, uh, roadway, uh, section, which includes,
uh, 10-foot travel lanes, uh, seven-foot buffered bike lanes, and eight-foot
sidewalk on the north side, and then a five-foot sidewalk on the south side, and
with a overall 100-foot proposed right-of-way. Uh, in terms of estimated cost, the
current engineer's estimate is $9 million. That includes construction, right-of-
way and easements, engineering and observation and admin. Um, as far as
schedule goes, we're currently in design development, urn, we're gonna be
working on right-of-way acquisitions here comin'up in February, urn, through
October of 2019. Uh, we have some utility relocations that we'd like to do next
summer,before the project starts,um,with a bid letting in December,uh, this
coming December, and then construction, uh, next year. With that, I'd be happy
to answer any questions you may have!
Throgmorton: Okay, thanks, Scott. Any questions?
Salih: I was really glad that you guys add the walking side on the south side. That's
great. Thanks.
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Sovers: You bet!
Throgmorton: Thank you, Scott.
Sovers: You bet!
Throgmorton: Anyone else want to speak to this? Seeing no one I'm going to close the public
hearing. (bangs gavel) Could I have a motion to approve please?
2. Consider a Resolution
Salih: Move.
Teague: Second.
Throgmorton: Moved by Salih, seconded by Teague. Discussion?
Cole: Love those 10-foot lanes!
Throgmorton: Further discussion? Hearing none, roll call please. Motion carries 7-0.
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15. Agreement with The Housing Fellowship for the Del Ray Ridge Project—
Resolution authorizing the Mayor to execute an Agreement with The Housing
Fellowship for$150,000 for the Del Ray Ridge,L.P. Low Income Housing Tax
Credit project.
Throgmorton: Could I have a motion to approve please?
Taylor: So moved (both talking)
Salih: (both talking) Move.
Thomas: Second.
Throgmorton: Well we got two moves here. So move, uh,moved by Taylor, seconded by Salih.
Salih: Okay. Second.
Throgmorton: Sony, John. There was a fight over here(laughter)
Salih: Two woman! (laughs)
Throgmorton: Discussion? Tracy! Hi!
Hightshoe: Tracy Hightshoe with Neighborhood Development Services. This is the project,
the low income housing tax credit project, the LIHTC project on Dubuque Street.
Urn,the Housing Fellowship is here today. They are the general partner.
Previously we had awarded,um,the project$330,000 to, urn, for the project.
They did get financing through the Iowa Finance Authority, so they are
proceeding to construction. Um,when they were looking at the lot, they had
unanticipated costs. There's an existing sanitary sewer that goes in the middle of
the lot. You can't technically build a building over it,because then we'd have no
access,urn,to....to alter,to fix the sewer. So the proposed relocation, instead of
going along the railroa....or along the railroad where we have no access,um, they
will have to go under. They have to under the railroad. Urn, that way,urn,
probably can't see what that way means (laughs)but,um....that cost, so they'd
have to...the route includes a crossing of the Iowa Interstate Railroad. That
sanitary relocation cost will cost about 234,000, urn,they're asking for 60% of the
cost, so they're asking for 150,000 to cover that unanticipated cost. Um, staff is
recommending it, in exchange for that 150,000 the Housing Fellowship agrees to
provide the same LIHTC, urn, affordability,the targeting of units at 40...wait, 30,
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40, and 60%, uh, into perpetuity. So as long as they own the property and they
plan to acquire the property after the first 15 years of the period of the compliance
period, the period of affordability, they will continue those parameters for that
150,000. We've drafted a, uh, sanitary sewer agreement with you, urn, with them.
It's in your packets. And so this is the 150,000, and we're recommending that that
money come from the...the money that we've reserved under land banking. We
have about 700,000 available in that fund. This'd be 150,000. And then Mary
Ann is here for any questions.
Throgmorton: I...I wanna start with just one question. Knowing that the sewer has to go under
the railroad track kinda raises some red flags for me. Uh, is there any risk in your
judgment, or Mary Ann's judgment, that...that, uh, the railroad company won't let
us do that?
Knoche: Uh, Ron Knoche, Public Works Director. We've already been in contact with the
Iowa Interstate Railroad and they've reviewed the sanitary sewer plans for the
alignment that will take it down Clinton Street. Um, so at this point in time, uh,
we feel that the railroad will approve the permit, urn, as it's been proposed.
Throgmorton: Okie dokie. We don't want another(laughs) interruption.
Salih: (laughs)Yes!
Throgmorton: Thanks, Ron. Uh, anybody have any questions for Tracy or Ron or Mary Ann?
Salih: I just have a comment, but I don't have question for them. You know, I just
wanna say that I really appreciate what the Housing Fellowship do. I been very
(unable to understand) experience with the Housing Fellowship. I refer a lot
people to the Housing Fel...Fellowship, and I know it help a lot people who are
low income, and so they can get affordable housing, especially family of with
children, and uh, I support this, you know, the 150 for the Housingship...100%,
even if it more I will...definitely, no doubt(laughs) (unable to understand) this to
the staff here and to the rest of the Council—I want the Housing Fellowship to
receive 150,000—no doubt! 100%, but I don't want it to come out from the
(mumbled) what you call?
Fruin: Land banking.
Salih: Land banking fund. Why? Speaking about saving, we been the whole working
session speaking about saving. We are saving for facility, we are saving for, uh,
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emergency, we are saving for a lot of thing. We are saving for land banking too!
We are saving for land banking so we can buy land and so we can build affordable
housing. I don't think the 150 should come out of the afford...of the land banking
fund. It should come just from the surplus fund, as it proposed. 150 is not that
much, and it come out from the 2.9 million that the City Council have. That I
really request from the Council to do. If you think saving, why we saving for
affordable housing? Why it now we taking from the saving? No,we still have
money there. 150 is not that much. We can still take it from 2.9 million.
Throgmorton: What do the rest of you think?
Mims: I think it, I mean we talked earlier about how much we were going to put in the
affordable housing fund this year and the staff had started with 650,000 that they
felt they could get into the budget, as a recurring line item, that no longer using
one-time money and could be consistent. The Council, a majority decided to up
that to a million dollars. So we've already added 350,000 there. So I, to me this
is affordable housing money because it's for affordable housing projects, so it
should come out of that, and...but I think with that fund, one of the things I think
that we've kind of discovered since we started that land banking fund, and I think
we've seen more and more literature on it, is that new construction is not the most
efficient way to go about dealing with the affordable housing issue. Because new
construction is the most expensive kind of housing. So trying to rehabilitate older
buildings and bring them, uh, you know, more modernized and....and up-to-date
is a much more cost-effective way, and so I think for those two combined reasons,
urn, I think that 150, I would agree with staff's recommendation that that should
come out of the land banking dollars.
Teague: I guess for me, I mean, one this is an awesome project. I love that it's going to be
here forever and ever, as long as y'all own the buildin'. Um, I'm gonna have to,
urn, say that when we're talkin' about reserves and we're talkin' about the land
banking, I don't, for my perspective, I don't wanna start, you know, chippin'away
at the 711, urn, at this point without havin'clear(laughs) you know discussions
about what we're gonna do with that, with those funds. I think, you know,just
sayin'we're gonna take, urn, from the land banking for this project, I'm not in
agreement with that. I think if we were to, uh, I think everybody here wants to do
the 150. For me I think it should come from the 2.95, and um, I think the million
dollars is, urn, it should go above and beyond the million, urn, and so that's where
I am. I think it's a great project. It was an unexpected expense that has been
brought to Council. We wanna help them, and I don't wanna touch that one
million,which we all wanted to see specifically for affordable housing projects,
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urn, for me this is an addition just like the....the Taylor/Davis, um,project,
um....I.....I personally don't think we need to take it from land banking.
Cole: Geoff, could you specify the year of the land banking, but that's for this existing
budget, correct? I mean where is the million we're talking about is going into the
next year, correct?
Fruin: Correct. It wouldn't be out of the million, uh, for fiscal year 20. It would be out
of basically prev...current and previous years' contributions that have been
unspent.
Thomas: Uh, could staff perhaps just go through their rational...rationalizing taking it out of
the land bank? What was the thinking there?
Fruin: Well, uh, a couple things come to mind. Um, you know, when I have a
department head come to me and....and they have, uh, unexpected, urn, expense
in their budget or they maybe have an opportunity, um, I....I don't immediately
go to reserves to pay for those expenses. I typically say if it's a priority of your
department right now, you need to work within your existing budget, and then if
they don't have the ability to do so, uh, and they can make the case, then I'll work
with them and look at tapping into contingency or reserve funds. Uh, so it's kinda
the same philosophy here. If you've got the capacity within your budget, uh, let's
go ahead and....and use it and then as we've talked a little bit about, uh, before in
this, uh, Councilor Mims alluded to in her opening statements, it's....it's likely
that when we come back to you, uh,prior to the distribution of the FY20 funds
that we're gonna have a different, uh, set of recommendations on how to spend
those funds, and uh, we are probably going to be shying away or recommending,
it's ultimately your call, recommending that we shy away from new construction
because the per unit cost, uh, of the new construction projects, urn, we're just
not....we're not able to move the....move the needle like we can, uh, with, uh,
some rehab and some other strategies, and so we....we think that,uh, maybe the
land banking, uh, idea needs to be revisited. It's not to say we can't use those
current funds, uh, and identify some properties to purchase,but at the end of the
day we think we can get more, uh....we.....we can go further with our affordable
housing dollars if we do something other than land banking. Just looking at
having those funds and then us starting internally to question that process of
really, uh, investing more in the land banking is why we,uh, are recommending
using those.
Teague: Are there any funds in our contingency plan right now?
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Fruin: I....I would have to check with Dennis on how we've used our....our, you talking
about our general fund contingency? He doesn't let me get to those funds so
(laughter)
Bockenstedt: Good evening, Dennis Bockenstedt, Finance Director. Urn, we've used those
contingency funds in a variety of ways. Uh, typically,uh, it happens like during
the year, say like when, uh, earlier this evening the Council allocated,uh, the
$10,000 towards the homeless shelter. Those are the types of, uh,unplanned
spending that we would allocate contingency towards, and those happen
throughout the year, uh, like I said pri....primarily they're...maybe matches for
grants,uh, or unforeseen expenditures, and those do show up in your amended
budget proposals, uh, at the next budget amendment.
Hightshoe: In the affordable housing fund there's no contingency. When you allocate that
million dollars, 50% goes to the Housing Trust Fund, 25% goes to LIHTC
projects, 20% goes to land banking, and 5% goes to emergent situations. So
there's no built-in contingency even in your affordable housing fund. The land
banking dollars that we're talking about is accumulation of 17, 18, and 19. So it's
allocations. It's not touching your fiscal year 20 allocation. So it's money that
we've accumulated over 17, 18, and 19 in land banking. So that's how, that's why
staff was recommending those funds.
Throgmorton: So from an affordable housing point of view, this project strikes me as being a
very important one, and I think using the land banking, existing land banking
funds is a reasonable use of affordable housing funds to support an affordable
housing project. I don't wanna see this project die because we don't provide this
funding.
Salih: I did not say we don't provide it, Jim.
Throgmorton: Well that's true (both talking)
Salih: I said take it from 2.9 (both talking)
Throgmorton: You're right!
Salih: ....and....and can you just tell me why you don't wanna take it from 2.9?
Throgmorton: I wanna use affordable housing funds to support affordable housing projects.
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Salih: But it still we want the land banking so we can buy land for affordable housing!
Throgmorton: But we're not gonna do that in the future, probably. We haven't made that
decision, but that's what Geoff was just talking about.
Salih: Who made that decision?
Throgmorton: No, no, I'm sorry. We have not made that decision yet, but Geoff was just saying
the staff will be recommending to us that we....that we invest money in existing
buildings....
Salih: The staff can recommend whatever,but we are here to make the decision and we
are here to say what we really wanna see, what this community want, and land,
we been doing the land banking so we can save money for land, and now why
because this is just affordable housing piece, that why wanna take it from there?
Why? We still have 2.9 million we can take it from it and save that. 150, if it add
to the reserve for emergency or...it doesn't matter really.
Throgmorton: I understand, but I've already presented my point of view and...I hear you. I
understand what you're sayin', but the question is what do other people think.
Thomas: Well the other aspect of this, and I don't have the staff report in front of me, but
I...there was, and if I get the figures wrong,maybe (laughs) staff can correct me
but there also was an extension of the....the.....the time over which the units will
be affordable.
Throgmorton: Yes.
Thomas: So that was the negotiation, you know this was not a hand-out. There was
actually a renegotiation of the longevity for which the affordability would apply.
So that's what was....that's the way I understood the....the purchase, or the
expenditure of funds was not simply to pay for the infrastructure. It was also to
extend the period of affordability. Right?
Salih: I agree with that, but it still, if even if we....if we do not buy new land with
affor...the land banking money, we can use it for affordable housing. That's why I
just wanna keep that money there, so we can do something for affordable housing.
And we can still use 150 from the 2.9.
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Taylor: But this is one of a few affordable housing projects that we've seen come before
us, and when it was presented to us initially, we all believed that it was an
excellent project, and something is needed, especially the perpetuity of the
affordability. We...we don't see that very often, and you yourself have, you know,
talked to the developers about, you know, the 10 or 20 or even 30 you were
thinking. I think that the perpetuity of this, and that the Housing Fellowship is
going to take ownership of this for a length of time, I don't think we should be
arguing about where the money should come from. It needs to be paid for. It
needs to...be built.
Salih: I understand that. I still want to really make it clear—I'm not disagreeing with
the 150 to go to the affordable house...you sound when you say it you sound like
'Oh, this is good project. Why we don't give them,' Yes we have to give them
150,but we are talkin' here only where it suppose to come from and why. You
know,just give me a reason for that but you know don't like say oh this
great...yeah, we understand that. I said it in the beginning. This is awesome
project. We have to give them that money, but we should really focus on the point
that I really raise—why not from 2.9 and....and from the landing bank. That's all.
Throgmorton: John, do you want to elaborate or anything or...Rockne, I don't know(both
talking)
Cole: I guess my point is I don't think it's unreasonable to take an allocation from an
existing budgeted item which is affordable housing. So I guess that's just where I
disagree with you on. I think if you're....if you're having a affordable housing
pot of money, and you have an unexpected contingency, it's not unreasonable as a
budgeting matter to take it out of those funds. In terms of the land banking, this
was not something we did by ordinance. This was the initial proposal when we
came up for the 15-point plan, and I think we understood that we would need to
(mumbled) much in the same way that, you know, on a court (mumbled)
scrimmage they see something different,there's other opportunity,they have to
change plays. I think in this particular case. We had an unexpected contingency
that we didn't foresee with the sewer issue, and that's why we've had to do it. So
I guess I don't think that's unreasonable, and I would adamantly object to it if we
were putting it into another not-affordable housing project, but since we're doing
affordable housing, I think that that's reasonable. (mumbled)
Throgmorton: Okay, sounds like we understand what each of us think. Roll call please. Motion
carries 7-0.
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17. Council Appointments
17.a. Board of Adjustment
Throgmorton: We have one vacancy to fill an unexpired term upon appointment, with a male
gender balance requirement. We have two applications for that, to fill that
position. One from Ernie Cox, the other from Zephan Hazell. Uh, to be honest I
didn't have a chance to read those. So I don't know...well I know what I think.
How bout the rest of you?
Fruehling: Jim, could I just point out, Mr. Hazell's' application, only one page made it into
the packet, so the full application's in the late handouts you got tonight.
Throgmorton: Okay, I did not have a chance to read that either. So....
Mims: That's what I wondered about.
Throgmorton: Do we need to do a quick read? In fairness to the applicants?
Mims: And is there another opening on this coming? Okay, cause that's kinda what I
wondered.....okay, this only made four people so that's why I wondered.
Throgmorton: (mumbled) Zephan is an e-commerce manager I see.
Mims: I mean I don't really know much about either one of these, um....Mr. Cox had
served on some of our boards and commissions before—Human Rights
Commission and one of the things we've talked about is giving new people an
opportunity, so unless people have a strong view one way or the other, I guess I
would suggest Mr. Hazell.
Throgmorton: Just gonna read a couple more words here. So he has a....a degree in
bus....Zephan, has a degree in business administration and economics from the
University of Missouri. Spent a couple years as a general manager of a cafe in
Arkansas. He's involved in a start-up business community around Merge.
Cole: Sounds good to me!
Throgmorton: Well I...I wanna go with Susan on that. Are we comfortable with appointing
Zephan Hazell? (several responding) I hope I'm mis....(laughs)pronouncing the
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name correctly. Okay, uh, good. Could I have a motion to appoint Zephan Hazell
please to the Board of Adjustment?
Mims: So moved. (both talking)
Teague: (both talking) So moved.
Throgmorton: Moved by Teague, seconded by Mims. All in favor say aye. Opposed. Motion
carried.
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21. City Council Information
Throgmorton: Uh, what did I wanna do? I think I wanted to start with....let me see, hold on.
Had a secret plan here. I don't know what my secret plan was, uh.....I wanted to
start with....Mazahir and move to the right. You don't have to say anything if you
don't want to, but this is, you know, about meeting schedule,pending work
session topics, upcoming events, Council information, you know, that kind of
stuff.
Salih: No, I don't have anything to say.
Mims: Going to the right, that's you, Rockne.
Cole: I don't have anything cause we canceled our meeting today. (several talking and
laughing) I'm not ready!
Throgmorton: Okay, he has nothing to say. I heard that clearly! (laughs)
Cole: For once....enjoy it! (laughs)
Thomas: Nothing for me.
Throgmorton: Nothing. Susan?
Mims: Urn,just to let you know, I may very well miss the work session on the 5th,but
will try to do the formal by electronic. I just have to check my flight schedule.
I'll be out of town for a convention, so....
Throgmorton: Okay.
Mims: So don't do anything important in the work session (laughter)
Fruin: Like finalize the budget? (laughter)
Throgmorton: Okay, and...Pauline?
Taylor: Council information or community events we've attended or....
Throgmorton: Community events.
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Taylor: Good, uh....cause I had the pleasure of attending the, uh, downtown, uh, Cocoa
Crawl on Friday night, and uh, really enjoyed it. Went with my daughter, and it's
really a wonderful event. Urn, I commend Nancy Bird for making arrangements
for it and it...it helps to....to spotlight the businesses downtown and there really
are a lot of, nothing against bars and restaurants, but there's a lot more, uh, to the
downtown than that, a lot of very unique shops, uh, I don't know if I can highlight
any of'em but I love Glassando, uh, spent a lot of time and money there and it's
just a lot of fun and despite the weather, uh, there was a great turnout. People
kind of went early, 5:00 till 7:00,before the snow hit,uh, closer to 8:00. So it was
really fun and also got these lovely(unable to hear, turned away from mic) very
nice, soft and warm, so that was fun, so that was a great event, looking forward to
more of those, uh, that they're going to have. Uh, then Monday of course was the
MLK events, um, I commend the many brave souls that, uh, despite the single-
digit cold temps, walked from Eastdale Plaza to Mercer Park. I....I drove. I
didn't walk, uh, where there were a lot of great activities for families and the kids,
and then I attended the program at the Bethel AME Church,uh,which was a truly
wonderful event,uh,Bruce and who he lovingly calls, everybody lovingly calls
Marna Teague, uh, sang along with many others that... that performed and you
gotta hear Bruce sing some time if you haven't heard him sing. Uh, but uh, many
were there and uh, paying tribute,paying tribute to, uh, to the great Martin Luther
King, and I just wanted to say that,uh, if the warmth and the hope and the love
that filled that standing-room only crowd of....of folks, if it could spread across
the country, it'd be wonderful. We'd be sitting pretty well, and then, uh,
upcoming event, February 15,the employee recognition and potluck, which we
got information on. That's always a wonderful event to go to and good food and
great to see all the long tenured folks that have been working for the City.
Teague: Urn, so a few things have happened since the last meeting. I got to, um, go to one
of the Million Cups that took place in Merge, and if you haven't done that,that's
a, um, opportunities where entrepreneurs come together and share some of the
things that they're doin', and even individual businesses....business individuals
that are very creative and sharin' some things. So that...I got an opportunity to do
that. Um, also, um, I think has already been talked about how I was a part of the,
urn, the Fringe Agreement resolution, John and I, and so that was a great
opportunity for me. Uh, we also,urn, I...I also was on the Assessor, um,
Committee,which we went through that earlier today. Um, and so another
opportunity, uh, for one of the committees that I do. Um, and goin'through that
process of learning about assess....assessment in Iowa City, property assessment,
and so there's a lot involved, and I think again, um, hats off to the staff for all the
work that they do,urn,because it is very important because, uh, if you want to
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hear from people in the public, raise their property taxes, you know, uh,
substantially and then there would be, uh, lots of voices to be heard. Urn, I did on
last Wednesday the 16th attend a Housing First project and I didn't know that there
were other Council Members there. Phenomenal facility. I...you know,um, it is,
uh, a....a great work that I believe that this is the first in Iowa to take place.
There's one followin', I think, in Des Moines or something' like that, but we beat
'em (laughs) and so this was great to have, urn,this Housin' First model, urn, in
our community. On, uh, on....celebrations with Dr. King, I was at, uh,North
Liberty at Liberty High, urn, City High, as well as at Bethel, uh, Church, um, and
all of them were fantastic events. Urn, and Mazahir was a speaker,um, at the
Monday event at, urn, yesterday at Bethel. Urn, I also got a chance to go to the
Englert, and um, on Saturday,when the Blind Boys of Alabama, they were there,
and I'll just put a plug in because Jimmy Carter, the lead singer, I've known him
since 1988, um, and he came to my, uh, eighth grade graduation, cause in Chicago
you have graduations in eighth grade, and so it was great, uh, reconnectin'with
them, even went and stayed at the hotel and hung out, late into the night, laughin'
and talkin'and so it was great to see the Blind Boys, um,well into their...um,
upper age, uh, performin' and still givin' a great show, so....that was great for
many people to see, despite the weather that day. And, I'm proud to say that the
Mayor and I will be going on, uh, Thurs...well I'll be there Thursday, urn,to, uh,
Washington, D.C., and as the Mayor's Innovation event that's going to be
happening, and so I look forward to bringin'back some things to talk to, urn, all
of you about and give you some updates.
Throgmorton: Great. We're gonna meet with Abbie Finkenhauer, right, Simon? Yeah, lookin'
forward to that.
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22. Report on Items from City Staff
a. City Manager
Throgmorton: Geoff?
Fruin: Nothing.
Throgmorton: Ashley?
Monroe: Just one thing, uh, we are holding a meeting about the U.S. Census next Tuesday,
January 29th, at Mercer Scanlon, uh, Rec Center, from 6:00 to 7:00 P.M. So
essentially it's just going to be a public awareness campaign, uh come,bring
friends, find out about the Census, and the upcoming process, and anyone who
wants to participate in a particular way is welcome to email me. So Ashley-
Monroe@iowa-city.org and if you can't attend then just people can keep on the
lookout for more information about all the activities and ways to get involved.
Throgmorton: Great. Thanks.
This represents only a reasonably accurate transcription of the Iowa City City Council
special formal meeting of January 22, 2019.