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ITEM 2. PROCLAMATIONS.
a) Pride Month -June 2010
Hayek: First of our two proclamations tonight (reads proclamation)
Karr: Here to accept the proclamation is Joan Benson and Kirsten Plowman, Pride
Committee, which is part of the Connections Organization. (applause)
Hayek: Hi!
Benson: I would like to invite everyone to join us. There are events throughout the month
of June, which you can find on the web site, queerconnections.org. Also, June
19`" is the day of the big party here in Iowa City with a parade at noon and music
and other events on the ped mall from 1:00 to 5:00. Thanks!
Hayek: Thank you.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of May 10, 2010.
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ITEM 2. PROCLAMATIONS.
b) Bicycle Month -May 2010
Hayek: Second proclamation is for bicycle month. (reads proclamation)
Karr: Here to accept the proclamation is Mayor Pro tem Ross Wilburn. (applause and
laughter)
Wilburn: Thank you. If I could just briefly say that I, on behalf of all, uh, cycling
enthusiasts of, uh, multiple abilities, um, I encourage people to get out on their
bikes, even if you make a commitment during, um, Bicycle Week to, uh, you
know, once or twice hop on the bike instead of using, uh, your car or other forms
of motor transportation. Um, I think one of the greatest things about cycling
again is because there's so many different purposes, whether you're a commuter,
whether you do it for, um, strictly the competitive side that people of...of all ages,
and again, abilities are able to get out and do that. Certainly appreciate the
support that the City Council, um, other city councils and the County Supervisors
have given towards making, uh, the availability of trails or um, off-street cycling,
uh, been encouraged, uh, cyclists to obey the rules of the road and to share the
road, which is very important for us to do, uh, both the...this relationship between
cyclists and, uh, and cars is important, um, as well as the off-road type activities,
uh, so that we have a mutually agreeable, um, relationship. As...as one of many
who have had, uh, um...bottles and things thrown at, unfortunately while we're
cycling, um, really want to, um, I guess just have a...a moment during the week if
you could pause and think about people that have both lost their life to, uh, motor
vehicle accidents, along with the car, but to those recent, uh, recently we've had
some type of accidents, run-in with a car, so thank you again.
Hayek: Thank you, Ross.
Wilburn: And I'll give this to, uh...uh, Bicyclists of Iowa City (mumbled)
Hayek: Good!
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of May 10, 2010.
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ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: This is an opportunity for the public to address the City Council concerning items
that are not on the agenda, uh, tonight. If you have something you'd like to bring
to our attention, please come to the podium, either sign in or...or get a sticker
from the back and write your name down, uh, and please limit your comments to
five minutes or less.
Porter: Uh, well, I'm here to address, uh (mumbled) on Human Rights Ordinance in Iowa
City. Um...
Hayek: Mike, would you guys both state your name so the (mumbled)
Porter: Oh, okay. I'm Mike Porter.
Lenoch: And I'm Tom Lenoch.
Porter: Um, we...we have copies of the Human Rights Ordinance, can we, um, distribute
them to you or is that not necessary?
Dilkes: It's up to you.
Porter: Yeah, okay.
Hayek: Why don't you hand them to...to the Clerk, if you would, if you want to give us
something.
Porter: Okay. Um, the public accommodation Human Rights Ordinance in Iowa City
states that it shall be unlawful for any person to deny any other person the full and
equal enjoyment of the goods, services, facilities, privileges, advantages of any
place of a public accommodation because of age, color, creed, disability, gender
identity, marital status, national origin, race, religion, sexual, or sexual
orientation. Um, what that says is that at the Summit I would not be able to say,
Ross, you cannot come in because you're black. It... it would say that I cannot
tell Matt Hayek he can't come in because he's married, or I couldn't say, Mike,
you couldn't come in because you're gay or Connie, because you're female.
What it also says is I cannot discriminate based on age. That is an equally
protected right in Iowa City. All classes are equally protected. All the ones I
have mentioned above, and age. A public accommodation in Iowa City is each
and every place, establishment, or facility of whatever kind, nature, or class that
caters to officer, excuse me, nature or class that caters or office...offers services,
facilities, or goods to general public for a fee or a charge. That would include any
bar or restaurant in this town. Um, this ordinance further states that it is unfair or
discriminatory for any person to intentionally aid, abet, compel, coerce another
person to engage in any practice declared unfair or discriminatory by this title. So
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what that's saying is it's illegal for anybody to tell me I have to discriminate. It
further goes on to say any person...it's discriminatory for any person to
discriminate against any other person because such person has either lawfully
opposed the discriminatory practice forbidden by this title, or obey provisions in
this title, or has filed a complaint, testified assist or assisted in the proceeding
under this title. Um, in other words is that...what that's saying is, I have to obey
this law, and if I do obey this law, that you can't discriminate against me for
obeying this law. Um, so obviously we have a problem with the proposed 21-
ordinance, or the enacted 21-ordinance, which starts June 1St. Um, I've talked to
the Human Rights Coordinator today and plan on filing a complaint. Uh, she said
the complaint would...would...since it's a complaint City policy that it would go
to the State, and then the State would investigate it and would come back to the
City. Um, I would prefer not to do that. I would prefer, um, I guess it's kind
of... a question or something for your... for Council, but I would prefer that you
guys moved the enforcement date of this 21-ordinance back till November, cause
it gives the citizens of Iowa City a chance to vote on it, and it gives the City a
chance to, uh, work out the legal problems that they have with this law. Do you
have anything else to add to that?
Lenoch: No, pretty much covered (mumbled)
Porter: Okay. All right. Any questions? Okay.
Hayek: Thanks, gentlemen, appreciate it.
Karr: Motion to accept correspondence.
Champion: So moved.
Mims: Second.
Hayek: Moved by Champion, seconded by Mims. Discussion? All those in favor say
aye. Opposed say nay. Motion carries.
Pilak: Good evening, I'm Jeanette Pilak. I'm the Director of the Iowa City UNESCO
City of Literature, and I'm here this evening to thank you and the citizens of Iowa
City for your support for the UNESCO City of Literature. I've been on the job
for about six weeks now and I've really enjoyed returning to the Midwest and
becoming part of your community. Because of the generosity of Iowa City, this
organization, whose mission is to celebrate the world of literature, encouraging
appreciation of literature and facilitating literary events in all forms. We've been
able to enact a couple of activities, uh, in our three goals. The area of
programming, educational excellence, and creative tourism. What we hope to
accomplish in these years to come is that we will continue the highs...literacy
rates in all areas of our school and education, K-12, as well as advanced higher
ed. We'll continue to track, uh, high level of competent work force, make sure
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of May 10, 2010.
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that all of our citizens are able to engage in the global economy by being
productive citizens and um, (mumbled) literary skills and appreciating reading,
writing, and literary activities. We also want to attract businesses and employers
who recognize what a workforce we have, and that our schools are of excellent
quality. We want to foster an on-going exchange of creative tourism with the
UNESCO Creative Cities Network. As you well know, Iowa City is the third City
of Literature in the world. The first is Edinburgh, Scotland, with a population of
400,000 people, and a university that started in the 1500s. Melbourne, Australia
was the second City of Literature, with a population of four million, and a
university that started just a few years before ours did. I'm very proud to be part
of your community that is the third world, uh, third City of Literature in the
world. And now it's time for us to look beyond Iowa City for what kind of
programs we can implement, both within the region, throughout the state, and
replicate nationally, as well as internationally, with our UNESCO City of
Literature, uh, mates. So far we've engaged more than 30 student athletes from
the Hawkeye Football Program, that have gone into, uh, elementary schools as
reading mentors and um, role models to help those K through 12 kids understand
how important reading is at all aspects of their career, not just in academics, but
when athletics don't work out, and they've been attending both Mark Twain and
Grant Wood Elementary Schools in our pilot program this year. In fall we intend
to roll that out to more schools, as well. Secondly we instituted UNESCO World
Book Day on Apri123`d, with the florist and retail, um, operations in our
community paired up with our book stores, and sold, uh, gave a rose to everybody
who purchased a book, in honor of St. George's Day. This is a tradition that
started by UNESCO, and we hope to continue in our community here, by
embracing other retailers who don't quite see themselves as part of a City of
Literature, by helping them to realize that they are part of this community and
there are many ways to connect to reading, writing, literature, book publishing,
and book arts. Finally we have the, this year we have the Iowa City Book Festival
in its second year. Uh, it is on July 16, 17, and 18`", and on Sunday the 18t", we
will be celebrating a Day in the City of Literature. We'll be rolling out our i-
Phone application so that you can take a walking literary tour, and access all the
archives of the University. This platform was designed by the University, not just
for the City of Literature, but to make sure that all of those archival materials are
available in a variety of manner, on a variety of applications that we don't even
know exist yet, and so it's just one more way that innovation in higher education
has come through the City of Literature to be able to facilitate what Iowans and
folks throughout the country and the world can do to access the wealth of
information that exists here. We hope that, um, we'll get all of this done through
more friend...friend raising and fundraising. So far the Humanities Iowa has, uh,
shown us a vote of confidence by giving us, uh, two grants, one to assist with the
programming of the Iowa City Book Festival in July, and one to help us with our
programming on-line. But I'd like to leave you with this thought: I'm not the
only person here that is promoting the Iowa City of Literature. As every person in
this room we are all citizens of the third UNESCO City of Literature. So I
appreciate your help, and your support, and I look forward to you comrades and
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of May 10, 2010.
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citizens of helping to promote the Iowa City iJNESCO City of Literature. If
there's any questions, I'm happy to take them. Thank you for your time.
Hayek: Thank you, and welcome to the community! Would anyone else like to address
Council during community comment?
Farris: Greg Farris, uh, the Iowa City Airport Commission. I just wanted to, um, invite
the Commission and the citizens of Iowa City and surrounding area, on Saturday,
May the 22"d, there' 11 be an open house at the Airport, which will, uh, working
with the Airport, the Commission, and, uh, Jet Air, the fixed base operator there
will have, uh, stag displays, aircraft, uh, they'll have several aircraft, um, training
sessions, refreshments, helicopter rides, plane rides, and uh, some of their
ambulance service and their charter services that they fly for helicopter and uh,
both aircraft there, so should be a good time. It's 9:00 to 5:00 on that Saturday, so
uh, hope for good weather, and uh, hope to see...Council down and uh, citizens of
Iowa City and the surrounding area. Thanks!
Hayek: Thanks, Greg.
Karr: Greg, would you open the attendance book, please, yeah, that'd be great. Thank
you!
Hayek: Anyone else? Seeing no one we'll move on.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of May 10, 2010.
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ITEM 5. PLANNING AND ZONING MATTERS.
c) CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF
LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-
RP), TO OVERLAY PLANNED DEVELOPMENT -OFFICE
RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48
ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH
PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-
RESEARCH DEVELOPMENT PARK (OPD-RDP); AND
APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM
DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY
PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR
PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF
STATE HIGHWAY 1 WITH NTERSTATE 80. (REZ10-00004)
1. PUBLIC HEARING
Hayek: This is a public hearing (bangs gavel). Public hearing is open. And initially I
want to ask Council has anyone had any ex parte communications that need to be
disclosed?
Bailey: I did ask Charlie Eastham, we were at an event, um, on Saturday night. I did ask
him, you know, just generally about this project, what he thought of it, and he said
it was a great project and then we moved on to talk about other things. So, I
mean, I wanted to indicate that we'd talked about it because we were seen there
talking, but um, of no consequence really.
Hayek: Okay. Anything else? Mr. Davidson.
Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson,
the Director of Planning and Community Development for the City of Iowa City.
And, uh, the item you have before you, uh, this evening, which Matt, uh, just gave
the rather complete title of, which we see here, uh, is basically the zoning, uh, for
the Moss Green, uh, Urban Development project which we've had several
discussions of, uh, over the past several weeks. Uh, and... and the zoning is
obviously a very, very important aspect of this project in that it will determine
what can be done on this property basically, and... and as the description here
says, there are three specific zoning classifications which you are being, uh,
requested to establish from the existing zoning, which is ID interim development,
uh, ORP, uh, which would imply that office research park development, as with
the Comprehensive Plan calls for in this area. So, here you see, uh, the, uh,
existing zoning classifications, and the arrow there is pointing at the newly
established growth area boundary, which was established when this property was
brought in to the City. I think there's an aerial here...yes! Here's a...here's an
aerial, uh, showing, uh, the proliferation I think you could say of sensitive
environmental features, uh, in the area. The, uh, Rapid Creek, uh, drainage way
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flows through this area. You also see the former growth area boundary, which
was the blue...the blue line here. And if we go back, you can see that it's just, uh,
was...that the growth area now is essentially the entire annexed area into the City
of Iowa City. Just to orient everyone who's not familiar, State Highway 1, uh, the
existing Pearson development is here, and Interstate 80 with the Dodge Street, uh,
interchange, uh, right here. We are in the...in the process...I think you're aware,
but I'll state it just for the record of...uh, putting in a new pedestrian bridge right
here, uh, one of the federal stimulus projects we were able to get completed, will
connect to the existing sidewalk here, and extend that sidewalk up to the
intersection, uh, with Northgate Drive, and eventually provide much, much
improved, uh, pedestrian and bicycle access to this area, including the Moss
Green, uh, development. Um, let's just real quickly go through the remainder of
the slides here. Uh, this is an important slide in that it delineates the three specific
areas, which we'll go through, um, in a little bit more detail. This area here is the
mixed use, uh, area. This area down here is the ORP, the office research park
area, and in between sort of a diagonal configuration here, uh, is the, uh, RDP
area, and the ORP area and the RDP area are very, very similar. The main
difference being the lot sizes that you have for the buildings. There are also some
slightly more manufacturing, uh, type...manufacturing and use type of land uses
that are allowed in the RDP that are not allowed in the ORP. Um, a good
example of ORP would be the existing Pearson or ACT type developments, uh,
very large setbacks, the broad lawns, the campus-like setting...that's...that's what
typically one would find, uh, in the...uh, ORP zone. The RDP zone, again, the
smaller, uh, smaller lots, uh, you can get into some types of manufacturing uses.
The Press-Citizen property would be a good example of the RDP, and in fact it's
about the only example of RDP that we have in Iowa City. They did have their
printing operation at one time. That would not have been allowed in ORP, but it
was allowed in the RDP, and again, the lot size also. So, three distinct but related,
uh, zoning classifications that you're being, uh, asked to approve this evening.
You also note the existing property up here. This property not under the
applicant's ownership, but uh, was annexed in order to get the access via what
will be a newly constructed Oakdale Boulevard, uh, was....was included in the
annexation, and this is then, uh, are two outlots that will remain ID, uh, ID-ORP
and require future rezoning in order to be developed. Uh, this line here
then...would be the approximate center line of Oakdale Boulevard, which will
provide access, uh, to the, uh, property and... and be terminated here at the west
property line and eventually go on at some point in the future to Prairie du Chien,
that's part of the JCCOG arterial street plan, which you're all familiar with. Uh,
here then, uh, shows in a little bit, um, little bit clearer configuration, uh, you can
see the mixed use area here, uh, we've labeled P...the parking structures. A little
bit unusual, uh, for a... for a development like this, an outlying development like
this, but one of the, uh, developer's goals is to have, uh, a... a very urban character
to this development and...and to their credit, and I have to give them a lot of
credit. They...they have definitely committed themselves to, uh, impacting
sensitive environmental features in this area as little as possible, and they deserve
a lot of credit for a very creative, uh, design plan, and we've had very good
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process of working through this with them, but that is why, for example, you see
parking structures shown on the concept plan rather than large expanses, uh, of
surface parking lots, uh, we do feel like that is a good solid commitment, uh, to
some...being sensitive to the environmental features. These parking structures
have a much, uh, smaller footprint. It's very much easier to treat the run-off and
the storm water, uh, in those facilities. You can actually put treatment facilities in
that catch the run-off and treat it before it goes into the stream, which is of course
right there, adjacent to the property. Um, you...you also see that the...the
commercial planned development, which this is, and we have...I'm not sure had
any of these up to this point. Typically our planned developments, which allow
the flexibility with...within the underlying zoning are typically residential, and
there is some residential components to this, but with the commercial you're
allowed to...I believe under the Sensitive Areas Ordinance to disturb, uh, up to 80
or 90% of the woodlands. They are preserving 85% of the woodlands, and so
again, a real....a real serious commitment to preserving the environmental
features and taking them into consideration, and basically making them, uh, assets
of the development. Uh, Mr. Pelds, who you all know by now, the developer's
representative, is here and can answer, uh, specific questions that you might have
during the hearing. I also wanted to mention that this project received a lot of
discussion, a lot of good discussion, at the Planning and Zoning Commission. I
wasn't present for any of those discussions, but Mr. Eastham from the Planning
and Zoning Commission is here, and you may have questions that you want to
ask, uh, Charlie directly. Again, just a...uh, a figure here that shows this sort of
urban character, mixed use zone, that's intended to provide support, restaurants,
and print shops and...and things that will support the ORP and RDP area, and
then you see again the ORP area here, the RDP area, um, with...with the
character that the developer is intending, uh, to market this for, uh, office research
park and... and research development park uses, uh, that are done, keeping then
the...the environmental features as intact as possible. There's a trail system.
There is also a pedestrian linkage that will be built in this area directly to Pearson,
so that Pearson employees can get over to the mixed use area and uh, access the,
uh, facilities that'll be there. Um, parking lots and garages to the rear, and in fact,
some of the...we'll run through them real quickly, within the zoning
classifications that you're being asked to approve, again, the planned development
allows us some flexibility, and there's some specific things the developer has
asked for in terms of, uh, building heights and setbacks, to give an urban
character, pull things away from the sensitive environmental features, and give it,
uh, a character that I think is going to be great, and not one that you would
typically find in a suburban type, uh, development like this, and we'll run through
those real quickly. I think that...again, this...this would be looking, uh, south
from the intersection of Oakdale Boulevard and Moss Place, uh, showing the
mixed use area. You can see the buildings are very urban in character. They're
pulled out to the street, uh, and... and are multi-story, uh, with parking facilities
behind. I believe that's probably what that is right there perhaps, well,
maybe...maybe back here. Uh, at any rate, gives you a good idea of the character
that, uh, that...and again, you see some...some shots up here that are just
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City Council meeting of May 10, 2010.
Page 10
examples of the kind of character they're looking for. And here's a picture of the
existing property. Uh, just show you...you can see the existing Pearson building
back here, uh, the wooded area back here, and then, um, again, you can see this
has been an agricultural use. So, um, a couple of others things, just to highlight,
and...and I think, I'm not going to spend much time with you. You have the
original staff report and the subsequent memos that went to the Planning and
Zoning Commission. I think if I highlight a couple of things in the zoning
ordinance and also in the Conditional Zoning Agreement, it' 11 really give you a
feel for what you're being asked to, uh, approve tonight. Okay, the...that mixed
use zone is about 60 acres, and basically the modifications, and I would say the
modifications in all three zoning classifications are to get the buildings closer to
the street and away from the sensitive, uh, environmental features, and... and try
and create a smaller footprint for those buildings. Um...the typical mixed use
zone is a much smaller scale than this. An example, uh, that you might be
familiar with would be Jefferson Street where you have single...single family
homes and some apartment buildings mixed with the bed and breakfast buildings
there. That's an example of typically what we find with a mixed use zone, and
this is a much larger scale, and so there's some very specific things, uh, that have
been suggested. Uh, you do see the adjustments in building height and set-backs.
I won't go through those, unless you have questions. Uh, they have also asked
that there be no size limitations for the retail uses, and specifically, uh, the
restaurants. Uh, we are suggesting, and it is in what you're being asked to
approve, that the building articulation standards be based more on our downtown
zone, rather than what is typically used in the mixed use zone, again, because the
scale of these buildings is so much larger. The basic difference is that there will
be required to be, um, differences in the articulation of the facade every 50 feet
rather than every 30 feet, again, to reflect the...the larger buildings that are, uh,
suggested and...and the fact that this mixed use is of a much larger scale than we
typically find. Um, the RDP and ORP then, again, it's...it's in building heights,
uh, and, uh, there's also diagonal parking that's being, uh, suggested that it be
allowed in the RDP zone. Um, ORP, I don't think anything else to highlight. In
the mixed use zone, residential uses will be allowed, but not within the first 3i0
feet of the first floor buildings, unless it is a live-work unit, and then you can have
up to 25% live-work units within that 30 feet. The Planning and Zoning
Commission wanted to try and ensure that if for example the ORP and RDP area
is slower to build out, than we hope, that all of a sudden we didn't become
focused on residential uses in the mixed use zone, and basically establish a
character for the area that we don't want to see, which is...would be residential.
So there are limitations on residential uses, but they are allowed. Single-family
and duplex units are not allowed. The intention is that the scale would be
condominium-type units in multiple unit, uh, buildings. Um, a couple of things
then, uh, from...from the actual zoning ordinance that you're being asked to
approve. Um, there will be a conceptual master plan that will provide the basis
for the Planning and Zoning Commission to give final approval of final site plans,
and typically when we have a planned development, I'm showing you building
elevation pictures of what is going to be built. We don't have that now, because
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City Council meeting of May 10, 2010.
Page 11
we're not sure what these buildings are going to look like. So they will not come
back to you, but they will come back to the Planning and Zoning Commission for
approval. The Planning and Zoning Commission will scrutinize if they...is
consistent with the concept plan, uh, that is part of the approval this evening.
Um...let's see...I think that's...oh, couple of other things. I also wanted to
highlight the conditions of the Conditional Zoning Agreement. There's basically
five, in addition to the, um, the usual things that are part of Conditional Zoning
Agreements. As I mentioned, the final site plan approval will be from the
Planning and Zoning Commission. Moss Place, the...loop street, which you see
here, the...the internal, excuse me here. I don't (mumbled) the internal loop street
here, Moss Place, will be constructed as a private street, and this was after a lot of
discussion between the developer, the Planning Department, and the Public
Works Department. The developer wants to use, and we credit them, some green
building techniques, in terms of porous pavements and the way the diagonal
parking is configured, the fact that there would be a geothermal loop system
within the right-of--way, want to try some of these ideas as part of this
development. We think that's a great idea, but these are things that are not proven
yet, and we hope that via this project they will become proven, and become more
standard in their usage. Because of that, what we've negotiated with the
developer is that Moss Place will be a private street with an emergency, and
public, access easement over it. So from the public's perspective, it will, uh,
function as a public street. From an emergency vehicle access, it will function as
a public street, but it will officially be a private street, with a blue street marker
sign, rather than a green street marker sign, and will be, uh, maintenance
responsibility of the, uh, corporation that...that will, uh, that will be in place for
this development. Um, however, Moss Place will have to be built to the City's
minimum construction standards, approved by the Public Works Department. As
I mentioned, single-family and duplex dwellings will not be, uh, permitted, uh,
and...and the stipulations on residential development in the MU zone that I
already highlighted for you. Real quickly then, I also want to highlight, as I
mentioned, the developer deserves a lot of credit about the treatment of sensitive
features, sensitive environmental features in this development. Uh, they're
basically staying away from, uh, the sensitive features to the greatest degree
possible, uh, beyond what is required by our Sensitive, uh, Sensitive Areas
Ordinance. Uh, all buildings will be out of the 500-year flood plain, uh, except
for small amounts of the parking areas. Oakdale Boulevard and Moss Place will
be out of the 100-year flood plain, and mostly out of the 500-year flood plain.
There has been one wetland identified, uh, up in the outlot that's not...you're not
being asked to rezone at this time, uh, and the developer is working to get the
approval needed, uh, from the Corps of Engineers, and ultimately that's where
that approval has to come from, and the Corps of Engineers will also scrutinize
some of the flood plain management, uh, standards. We are comfortable going
ahead. We feel like this is a very good plan. The developer's aware that
ultimately that approval has to come from the Corps of Engineers. Oakdale
Boulevard, the alignment was modified to miss that wetland, stay out of the buffer
areas, and so we're comfortable recommending, uh, approval to you, in spite of
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City Council meeting of May 10, 2010.
Page 12
the fact that that ultimately will have to be approved by the, uh, Army Corps of
Engineers. Um, are there any questions for me at this point before you continue
your public hearing?
Bailey: I have some questions.
Davidson: Okay.
Bailey: Um, you indicated that the trail over, um, I-80, is that going...is the sidewalk on
the west or the east? I can.. .
Davidson: The west.
Bailey: Okay. So there would be good access.
Davidson: Yes, and that sidewalk will extend up to Northgate Drive, uh, it will not at this
time extend into the Moss Green development, uh, there will need to be a
sidewalk extension from Northgate Drive up to Oakdale Boulevard, in order to
meet the, uh, 8-foot sidewalk that'll be part of Oakdale Boulevard. At some point
in the future that' 11 have to be constructed.
Bailey: And so who will be responsible for that gap? We will, the City?
Davidson: Uh, that is an issue that will be dealt with at the time of the platting.
Bailey: Okay.
Davidson: Uh, and it's kind of open to negotiation right now. In terms of, the developer
having a role, us trying to get an outside grant for it, or hypothetically you
budgeting it into the capital program budget. We can construct it within the
State's right-of--way, hopefully, of Highway 1.
Bailey: Okay. Um, I understand the objective. I think I understand the objectives for,
um, no size limitation on restaurants; however, um, we all see restaurant,
enormous restaurants, close to the interstate. That isn't this concept at all, and it
seems like, um, that won't be possible, given the final...the concept plan, correct?
If something would come in enormous, it wouldn't be in line with the concept
plan, and Planning and Zoning would probably...not allow it.
Davidson: I can't imagine a truck stop going (both talking)
Bailey: Neither can I, but on the other hand...if something would happen, I wouldn't
want to leave it open to a truck stop possibility.
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Davidson: Right, and that's where your assurances basically, the Planning and Zoning
Commission's scrutinizing the proposal...the proposal against this approved
concept plan.
Bailey: And so, the Planning and Zoning and the staff couldn't come up with a limitation
on the size of restaurants that would be, um, okay with the developer. Did...did
you discuss that with them?
Davidson: That had a lot of discussion, and it might be a question for the developer. What is
proposed here, uh, on... in your staff, in the ordinance that you received, um, for
personal service, retail, and eating establishments there shall be no floor size area
limitation. Uh, and for sales oriented retail...retail uses, uh, such as a retail store,
the maximum floor area shall be 10,000 square feet. So that's what you're being
asked to approve.
Bailey: Well, and I generally see that they're not trying to go that direction, but things
change, plans change, people change, and so I...I had some questions, some
concerns, about that, um, possibility, and then given the questions about the
appropriateness of a mixed use zone, um, in this area that it's going to be driven
predominantly by the office park. Did you all talk about phasing and allowing the
mixed use zone that's going to support this office park zone, um, having that
come on line later rather than earlier?
Davidson: Yeah, I think that's a good question for the developer, what...what you see
reflects, I think that'd be good for the...the developer, the developer's
representative, to indicate the phasing that they intend to use, but it is consistent
with the MU zone, the mixed use zone, being established in one of the first
phases.
Bailey: Okay.
Davidson: And then a...and then a portion of the ORP and RDP area, so that basically they
can...they can try and get all those markets working at once.
Bailey: Okay. Um...okay, yeah, I'll just ask...I'll ask them. Um, because I, I mean, I
like what it's doing, but it seems like it will need the office workers and people
out there to actually support the vision of it, and it seems if that's the only part
that goes, do we really want people driving to the edge of town for a mixed use
retail sort of area, and maybe we do and maybe we don't, but that's not exactly
our intent.
Davidson: Well, the...the idea certainly is for this area to support the existing ORP and RDP
uses that are out there. Remember Northgate Corporate Park is fairly well
established, and all those...that will be part of the market for this development as
well, the MU portion of it.
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Bailey: Okay. Um...and there was a mention of a building, of building green committee.
Maybe this is a developer question too, indicating that the City would be part of
that committee.
Davidson: Yeah, the building green committee is something that the developer has indicated
they would like to do. It is not a condition of your approval this evening, so
again, they may wish to provide some additional information to you, but I do want
to emphasize, it's not a condition. I believe in the discussion, uh, and again, they
can clarify, is that the City would have a representative on that, but...but I'll let
them clarify that.
Bailey: Okay. Thanks!
Davidson: Any other questions for me? Thank you.
Hayek: Thanks, Jeff, very...very thorough.
Pelds: Um, good evening, Honorable Mayor, Members of the Council, my name is
Wally Pelds, Pelds Engineering, with EC04 Partners, representing Steve Moss,
David Moss, Moss Family Farms, and Moss Green Urban, uh, Village
Development. Um, I do have a small PowerPoint I could show you that could
answer you some questions, or did you want to get to your questions first?
Bailey: Oh, do your show!
Pelds: (mumbled) And some of these you have already seen, uh, from Jeff's
presentation, and we've worked very well with staff, uh, some long tedious, uh,
processes. Some of the highlights I did want to point out is all of the trail
connections, uh, we're looking to create some water features, uh, with trail
connectivity, emphasizing bicycling, walking during their lunch hours, uh, we've
noticed during, uh, Pearson's lunch hour that many people go out and walk, and
we want to encourage that same type of development, uh, Jeff did mention there is
a, uh, connection across here, as well. We do believe this is our mixed use, and
we believe it's proportioned properly, to answer some of your questions, that until
our anchor comes, and it can be one of many, uh, the anchor could be in the
mixed use, and we foresee that the first floor is retail, and it's limited to the first
floor. Everything else above it would be condos, so it's always that wrestling
with, you know, if I have retail, I need rooftops, or people to go shopping, and
fortunately we have plenty of people over here at the Pearson's location, as well
as the Highlander, with some of those medical offices and other offices that are
located across the street. So we don't think pedestrian traffic, or pedestrian and
uh, automobile traffic will be an issue for us. Um, and I also wanted to remind
everyone that Oakdale is in that JCCOG study planned on going all the way
across to where Gold's Gym is right now, where it stops, crossing the Iowa River.
That's the...the future of Iowa City's northern connector. Uh, I wanted to point
out a few green features, uh, we're hoping to have some overlooks built of stone,
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uh, we also plan on having, this is where we got into the private street. We'd like
to create a new form of storm water detention. It's been done in parking lots, and
I don't know if you've seen it, they're those half-domes. They come in green,
blue, and yellow, and they put rock, and instead of using up space, use the space
underneath the parking lot to create your storm water detention. It's not an open
pool. It filters the water, and it's quite the benefit, and it, um, was back and forth
between City staff and ourselves about why they didn't, uh, want to accept some
of the green features, but it could be a maintenance issue because it is a new
technology, and again, we agreed to make it a private street. I did not know about
the blue signs though, and I don't know, I'm going to have to take that down
(laughter) so...prefer green since we're a green development (laughter) so um,
some of the other things, uh, there is that 8-foot trail on the south side of Oakdale,
all the way out to Highway 1. We're anxious to connect to that...that pedestrian
crossing was very key to our development as we were going through. Um, some
of the other features, on the ponds, we're hoping to create shallow banks, almost
create a wetland type feature where it brings you all of the, uh, you know, we
hope to have wrens come back, other fowl that...water fowl that would live there,
um, basically creating this type of a very native shore treatment. Uh, this is what
we expect our trails to look like, using a recycled asphalt or a glass-phalt, um, as
well as using native prairie plantings. I can show you...this area up here, we've
reserved for a created wetland. We'd like to recreate another one, uh, within the
facility. It opens up the green space. It adds oxygen, filters all the water, all the
good things that we're looking for! Also we've incorporated a lot of green space.
So as you take this adventure, as you come in on Moss Park, or Moss Place,
excuse me, off of Oakdale, you'll travel down here, and you'll notice all these
green open spaces, and that's in our concept plan. That's the way we'd like to see
it done, uh, and again, that's why we asked for the smaller footprints, taller
buildings, concentrated, and again, save all of these trees, over 85% of our trees
are saved, which we're very proud o£ Again, you've seen this one. This is the
one looking from the south...this is the one looking from the north. This gives
you the idea of where you're looking at, but again, you can see the green features,
the limestone, um, being that that's a "leed" product for us. Limestone is
abundantly available in Iowa City, which is great for us because we like to build
with it. It's very natural. It looks good, and you can use it as multi-purpose
seating, uh, you can sit on it, you can build it taller, it weathers well, low
maintenance. And then these are just, uh, different computer-generated parallel
views. I call it my `helicopter views.' This is looking...this is, uh, Moss Place,
Oakdale looking south. Interstate 80 is up on the top. And again, this is from the
south, as if you were sitting above Interstate 80 looking back north. These are the
ones that we see as our, uh, corporate entities. These over here as our smaller
offices that could be mixed use space. It could be built-to-suits, that again, they
would all have to comply with the standards that we're putting together. Uh, this
is looking from this direction, and if this computer's fast enough, it'll do a little
fly-over for us...so you can kind of get the visual, and notice the trails. We really
wanted to emphasize trails. We love the woods, we love the way it looks when
you can walk in the shade on a warm summer day in Iowa City. We wanted to
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Page 16
create some sort of a feature, people can sit there and eat lunch, don't necessarily
have to be a clock tower, but some sort of an artistic feature, and that is all I have
for, uh, a really brief fly-over that we're doing, cause I know this'll be a long
meeting for everyone, so...are there...I can get to your questions, um...if I
remember them correctly, the restaurant square footage. We talked to quite a few
restaurateurs and no one could really answer our question. It's going to be limited
by what the retail will support, and what the people will support, but we didn't
want to box them..they were scared when we started saying, well, is 10,000
enough? Well, we don't know. Depends on who shows up. It's all very
orientated to what industry shows up in the park. Um, so staf£.we went back and
forth with staff, and they felt comfortable. It's going to be limited by what the
market can support, um, we were comfortable with the retail cause we asked
about in an urban-type setting, you know, you've seen the CVS Pharmacies, the
Walgreens, just to name a few, and they're about 10,000 square feet that are set in
this urban-type setting, so we were comfortable dialing that in, but in, you know,
we've all been in Chicago. I think of Michigan Avenue when I think of this,
when I look at it. There's some restaurants that are huge. They're, you know,
they're 20, 30,000 square feet. There's other ones that are 500, cause they're just
these little boutiques, so which one is it going to be? I can't answer that question,
but we didn't want to string them in and... and hamper them, and scare off any
potential, uh, restaurateur that would want to venture into our park. And then, I
forgot what the last one...the other question was.
Bailey: Phasing.
Pelds: Oh! Phasing. Um, ideally we're looking for our anchor, and we've had many
conversations, and it would be along Interstate 80 where we see our anchor
coming in. So Phase 1 would take us through the urban village, and all of them
are excited about the urban village, because they know if they bring the people,
then the retail, everything else kinda makes sense, um, it falls into place. They
also said it wouldn't hurt if there's a speculative builder and we've talked to some
of those about building the mixed use village first, because then it's an amenity. I
mean, it can go either way. Um, they also enjoy the condo, uh, the condo-ization
of that mixed use village, uh, for executive suites, cause for everyone who's
traveled, it's very nice when they put you up in something that they own that's
fully furnished, and that's what they perceive coming in to this park. Those are
the type of occupations that we'd like to see.
Bailey: How many residential units do you anticipate? Do you have any idea, I mean...
Pelds: It can be up to 502.
Bailey: Okay. (mumbled)
Hayek: While Regenia's looking at her notes, does anybody else have questions for
Wally?
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Page 17
Mims: I would just say that I see this project getting more and more exciting, the further
along we get, than I (mumbled)
Pelds: I get pretty excited about it, so (laughter) except for the blue street signs. I...I
really didn't know that so...
Mims: Just glad to see that staff and developers are making a (both talking)
Pelds: ...staff has been very, very helpful!
Wright: (several talking) very impressive project. I..I was a doubter at first, I have to
admit!
Pelds: That's what everyone tells me!
Dickens: What...what is your timeline as far as...if and when this passes?
Pelds: We're in, um...we're talking with the Corps of Engineers. That is...that is one
hurdle, uh, the DOT is the second, um, connection to Highway 1. We've been
discussing with them, even though it's the identified location for JCCOG, we're
doing a Type A study, uh, which tells us how much traffic we're going to
generate on it. They're concerned that we might overwhelm Highway 1 between
where it's four lanes, where they're working on it now, uh, if it goes as quickly as
we think it is; however, our first discussions were that, um, they would allow the
connection; we'd build it as if it were afour-lane, but not build the four-lane on
Highway 1. Those are some preliminary discussions we've had, but we need to
work out those details as we plat and finish our construction drawings. So,
ideally, uh, we were hoping to start moving dirt at our groundbreaking on June
4'h, uh, which you're all invited to, and I know you can't eat, but you're still
welcome to come, and um, that is ideally when we'd like to start moving dirt, and
we've been talking with the contractor for the DOT who's been moving dirt off
Interstate 80 instead of having to haul it that far. We'd be glad to take it off their
hands here in short order so (laughter)
Hayek: Any other questions...go ahead.
Bailey: Well, I just, um, with this, um, private road, it's really exciting potentially that
you're going to guinea pig some...some techniques that perhaps we will benefit
from and so I hope that we continue to work with you as you learn from
those...those methods...methods that you're using on that street, to see what
works and see what doesn't work, and the geo-thermal loop is really...really quite
exciting.
Pelds: Yes, we're very excited about that. Just some of the preliminary cost savings
are...
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Page 18
Bailey: Right!
Pelds: ...65% energy savings, for anybody that comes into the park. And then
eventually we're creating the right-of--ways big enough where we can give it back
to you if you want it, so...
Bailey: We might!
Hayek: We'll have to (several talking and laughing)
Pelds: I just thought I'd offer!
Hayek: Thanks!
Pelds: Is that it?
Bailey: It for me!
Pelds: Okay.
Bailey: Isn't that enough?
Pelds: What (laughter)
Fidelis: My name is Libris Fidelis. You all know me. I live downtown. I may be
throwing some cold water on this topic as a, uh, economic venture. I have
already spoken to City Council several times about how I fully expect that the
properties around the freeway is going to be developed. That's natural, especially
near an interchange. However, I keep hearing terminology which is improper, uh,
green is becoming used as an establishment term rather than as an actual
environmental term. Um, the term native does not mean original. It means
anything that has been born, hatched, sprouted, or cellularly divided in a certain
location. Indigenous means original. Now this particular location, of course, is
farmland, which has greatly altered the indigenous qualities of the land.
Nevertheless, there are certain wildlife that has habitated in this area, and I keep
hearing the term about critical habitat, and critical environmental issues, but yet
when I see this plan of this really beautiful development, what I actually see are
these trails. Now a trail by proper definition is unpaved. It's naturally created by
traffic, either by animals or people, and even in the Oregon Trail case, that was
naturally created and legitimately is called a trail. But what we have here is what
we call critical habitat, and we're putting trails all throughout this, uh, treed area.
I don't know if it's natural trees or not. Um, which brings people into the area.
That inhibits the possibility of wildlife reproducing, living, and so forth. If you're
talking about a critical habitat area, you're talking about the bedroom, the kitchen,
and the living room for these animals, and I don't know about the fish or the
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Page 19
insects or something like this, um, a lot of butterflies that people like to see, uh,
natural plants, as they call them, indigenous plants. They're dying out because
they're being replaced by imported plants. Um, these creatures have a certain
habitat requirement which can only be met by humans not interfering. And so if
we're talking about having a beautiful trailway that is like a recreational parkland
for human, uh, use, particularly by the proposed residents of the development and
others coming in from the surrounding city areas, that's fine, but we keep hearing
the term critical habitat. Where is the environmental scientists who are making
these determinations? What we have here basically are developers and
horticulturists and uh, engineers making these decisions, but where are the
environmental engineers who are trying to find a way to make sure that we co-
hab...cohabit with, uh, the native or indigenous animals. Because what is being
proposed is the sterilization of the ecological system for the benefit of the
pleasure of human beings, and so that's my only comment. You know, if you
want to go ahead and say that this is going to be a development for economical
development that's inevitable, I can understand that and accept it, but don't use
the term, um, critical habitat, because if it's critical habitat, we have to respect the
indigenous animals as well as the native animals, and in some cases insects and
plants. Thank you.
Hayek: Would anyone else like to address the Council during this public hearing? (bangs
gavel) Public hearing is closed.
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Bailey: Move first consideration.
Mims: Second.
Hayek: Moved by Bailey, seconded by Mims. Discussion? Roll call, please. Item passes
7-0.
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Page 20
ITEM 6. AMENDING THE FY2010 OPERATING BUDGET.
a) PUBLIC HEARING
Hayek: This is a public hearing (bangs gavel). Public hearing is open.
O'Malley: Honorable Mayor and esteemed Council, my name is Kevin O'Malley, Director
of Finance. I recommend that you approve tonight's amendment. This will help
us, uh, stay within the statutory law that we do not overspend over appropriations.
I'm happy to answer any questions if you have any.
Hayek: Any questions for Mr. O'Malley?
O'Malley: Thank you.
Hayek: Thanks, Kevin. Anyone else like to address the Council on this item? (bangs
gavel) Public hearing is closed.
b) CONSIDER A RESOLUTION
Mims: Move the resolution.
Wilburn: Second.
Hayek: Moved by Mims, seconded by Wilburn. Discussion? Roll call, please. Item
passes 7-0.
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Page 21
ITEM 7. CONSIDER A RESOLUTION AMENDING THE BUDGETED
POSITIONS IN THE FINANCE ADMINISTRATION DIVISION OF THE
FINANCE DEPARTMENT BY INCREASING ONE ADMINISTRATIVE
SECRETARY POSITION FROM .63FTE TO 1.OFTE AND DECREASING
ONE MANAGEMENT ANALYST POSITION FROM 1.OFTE TO .SFTE.
Wright: Move adoption.
Dickens: Second.
Hayek: Moved by Wright, seconded by Dickens. Discussion?
Wright: It's worth pointing out that these changes, uh, actually end up saving about
$12,000 out of our payroll.
Hayek: Any further discussion? Roll call, please. Item passes 7-0.
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Page 22
ITEM 13. ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN WHICH IS A
SUB-PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY
STEPS) AND FY08, FY09, FY10 ANNUAL ACTION PLAN
AMENDMENTS, WHICH ARE SUB-PARTS OF IOWA CITY'S 2006-2010
CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE
CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS AND
ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE
CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE
OFFICER.
a) PUBLIC HEARING
Hayek: This is a public hearing. The public hearing is open. (bangs gavel)
Long: Good evening! Steve Long, Community Development Coordinator for Iowa City.
Here tonight to ask you to approve the recommendations of the Housing and
Community Development Commission for the annual action plan, which is the
HUD required document that essentially spells out how we're going to spend the
CDBG, or Community Development Block Grant funds, and Home funds, for the
next year. So, first I'll walk you through what the Commission did over the past
few months to get to the budget that you have attached to your resolution. First
I'd like to thank the Housing and Community Development Commission, and
Brian Richman the Chair is here tonight as well if you have further questions.
They spent dozens, if not hundreds, of hours analyzing applications and uh,
making these recommendations. Applications went out last December. They
were due in January. Had a couple site visits in February. Presentations were
made by the applicants in mid-February. Then the Commission discussed,
ranked, and made the recommendations. Received 25 applications, about $3.4
million in requests, for about $2 million of funds, available funds. These funds,
or they come from HUD, and they have certain income restrictions. First, just to
give you an idea without getting too much into the HUD details. All of the funds
for CDBG have to be below 80% of median income, which is the column in blue,
and for Home funds, for rental projects, has to be in the column, everything has to
be below the column in yellow, or 60% of median income, except for
homeownership, which is that, the blue, but I won't get into those details. Just
essentially give you an idea, um, for one person household it's, for rental, it's
about $15 an hour, 80% is about $20 an hour, is the maximum income. So we're
broken up into public service, public facility, and housing projects. Public service
is the most, uh, competitive, because we could only use 15% of our funds for
public service, and public service essentially is operational funds for non-profits.
And right off the bat, there's a Council earmark for $105,000 that's taken off the
top, and that's part of a larger pool of funding, uh, called Aid to Agencies, and
that's allocated for Elder Services and (mumbled). Doesn't go through this
process, but that $105,000 is...assists almost 6,000 persons annually. The Crisis
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Page 23
Center requested $10,600 for emergency assistance program, and HDC
recommended $3,177. Free Medical Clinic, operational funds for a pharmacy
tech. HDC recommended as you can see $2,610, and below you can see the City
STEPS priorities, which is our...our guide book. Mayor's Youth Empowerment
Program, HDC recommended $2,625. It's a high priority in City STEPS, for
youth employment program. Shelter House, which is Iowa City's general use
homeless shelter, um, asked for funds for the outreach services coordinator. HDC
recommended $2,888 with a high priority. This is part of the STAR program. So
that was the public service, the most competitive. Housing, we have a little more
funds available for housing. About $1.2 million. Go through some of the
recommended projects. ISIS Investments is afor-profit housing developer, and
HCDC recommended $208,000 to acquire four existing homes, and again, these
homes would be acquired in areas that are encouraged at City Council for further,
uh, affordable rental housing. And there, guess you'd say, uh, target market is
50% of the area median income. Shelter House, this is a joint project between
NAMI, which is the National Alliance for the Mentally Ill, and Shelter House, and
this is...they're asking for $200,000. The Commission recommended full funding
and this is to acquire ahome, asix-bedroom home, if possible, and they're basing
it off...it's called the "lodge" model, which is a communal living situation for
persons with mental illness. The Housing Fellowship...was recommended about
$34,000 for operational funds. And this is a...something that HUD requires and
we encourage, that Chodose, which is a certified housing development
organization, receive this money, and that's to help foster growth and maintain,
uh, their staff and capability of the organization. The Housing Fellowship also
applied to be a part of the University neighborhood partnership program, which is
a joint partnership with the University of Iowa and the City of Iowa City, along
with the homebuilders, the Board of Realtors, and neighborhood representatives,
to...look at neighborhoods close to downtown and to campus and...um, try to
create a healthy balance of rental, well-managed rental, and homeownership
opportunities. There were recommended funding for $408,451 to acquire six
homes...in the designated neighborhoods. Habitat for Humanity, the local
chapter, um, this actually...they're going to be acquiring two lots to build two
homes, and then acquiring existing homes to rehab and sell, which is something
that they...they haven't done. They've only done a couple times in the past, but
they're going to try this, uh, new venture...for $114,000 for a total of three
homes, not four, as it says. The Housing Authority is partnering with the
Domestic Violence Shelter to provide tenant-based rent assistance for four
households over two years to transition people coming, families coming out of the
shelter, um, back into a... independent living. The City of Iowa City runs a
housing rehab program, which you're hopefully aware o£ Uh, you can see the
different programs on the bottom. Everything from exterior repair and
emergency, to a fully comprehensive rehab, and the Council has an earmark
process for this as well, and initially it came out to $212,000 and at the last
Commission meeting, the Commission voted to allocate another $70,000 in Home
funds to this project. They were Home funds that we had...say left over, but
we...we had some projects that had not gone through, so we had some funds left,
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Page 24
and we were holding them back, not knowing what our allocation would be from
HUD, and we didn't find that out until after the first recommendations were
made, and also we've been using less administration funds the past two years
because of the flood. We've been...priorities have shifted a bit, so...they've
asked that that money be allocated to housing rehab. It's also a project that can
spend the money quickly. (mumbled) public facilities, which is not public works'
projects, but it's actually non-profits, assisting non-profits with expansion or
maintaining their existing facilities. Domestic Violence Shelter, as you can see
this is...it's kind of hard to see, but it's a retaining wall, and it's failing, and
it's...it's pretty pricey to fix, but they did have bids and...the Commission went
off those bids and recommended $70,000. Boy it's tough to see that snow, but uh,
it feels like it might snow tonight! Mayor's Youth Empowerment Program, they
bought a new facility, it's the old La Casa restaurant, and actually they just had
their grand opening last week, and they would like to continue the exterior
renovation with CDBG funds. I think you can see the old dining room, in the
bottom that's Commission Members touring the facility. MECCA, which is the
substance abuse treatment facility, requesting not a real glamorous project, but
sidewalk repair and carpet replacement. Johnson County Extension and Big
Brothers/Big Sisters, they're building a new facility, just north of the fairgrounds,
land that will hopefully be soon annexed to the City. HCDC is recommending
$127,000 to that project. Free Medical Clinic, they do own the facility now, but
they need some updates to the HVAC and some exterior improvements. So
HCDC's recommending $43,000. Then Council does have another earmark for
economic development, and this is specifically for microenterprise development,
small businesses, and it's 15% of the CDBG allocation, which is a little over
$108,000. We hope to assist at least four businesses. Texture is the recent
business that we assisted. So overall we've been able to create or maintain 16
units of affordable rental housing, provided four households for two years with
tenant-based rent assistance, create homeownership opportunities for four
households, provide housing rehab assistance for 26 households, make
improvements to six non-profit facilities, assist over 7,000 low-income persons
with services, and provide financial assistance to at least four small businesses.
Unfortunately we're not able to fund everybody. The projects that we're not able
to fund, and particularly the projects on the bottom, Extend the Dream
Foundation, HCDC did encourage, if you notice in the budget, there was $40,000
remaining, and the Commission...this project came in and then had a change in
scope, I guess is the...a change in location, and so the Commission, we were...we
had to invalidate that application because the change happened after it was
submitted, but the Commission held back $40,000 and we'd like to encourage
Council to reallocate at this time to the new project, which is instead of owning
the facility, they're going to be leasing the facility on the corner of Prentiss, or
Lafayette and Dubuque. It's upstairs from the Public Access Television facility.
Closing, thank you again from all the Commission Members, and uh, for
considering this request.
Hayek: Thanks, Steve.
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Helling: Maybe this is the time to...to make a correction. I noted in the materials you have
as represented, I think, um mistakenly that the, uh, Extend the Dream Foundation,
the building, was acity-owned building. It is not. It's owned by a private, uh,
non-profit corporation, uh, Public Access Television Inc.
Mims: Steve, I have a quick question. The materials in our packet, um, the Iowa City
housing rehab shows in our materials as the $212,000, and you indicated it as an
extra 70, so do we have...if we're going to pass this, do we have to do an
amendment... for that extra 70?
Long: I...I believe so. That's my understanding. Eleanor, do...
Mims: Under the housing projects, the last one...listed in our packet as $212,024. Now
you're changing it to $200,000...
Long: At the last HCDC meeting, they recommended that that $70,000 be allocated to
the Housing Rehab.
Dilkes: Sounds like you need to talk (mumbled)
Mims: Right.
Dilkes: (mumbled)
Hayek: Any more questions for Steve while we have him up? Anyone else wishing to
address us during the public hearing here? Hearing none I will close the public
hearing. (bangs gavel)
b) CONSIDER A RESOLUTION
Bailey: Move adoption of the resolution.
Wilburn: Second.
Hayek: Moved by Bailey, seconded by... did you second that? (several talking) I didn't
think you did! Seconded by Wilburn. Let's open it up for Council discussion.
Champion: (mumbled) missed out on that. I'm sorry. I don't have a voice, or a throat. But I
have a nose. Um, MaryAnn, can you...do I see (mumbled) can I ask you a
question? I like your letter about the, um, working with the University, and the
Uni-city neighborhoods. Is that...where your money is going to go to, that's
allocated here?
Dennis: To purchase the properties. I'm MaryAnn Dennis from the Housing Fellowship
(both talking)
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Champion: ...hardly understand me, I'm sorry, but um, is that where your allocation is going
to go, is to the University-city neighborhood thing?
Dennis: Yes.
Champion: Okay, thank you.
Bailey: Well, there was one seed I'd like to plant for probably future consideration, I
mean, Steve pointed out quite a few different Council earmarks, and one of those
earmarks is for Aid to Agencies, and I think that, um, Council representatives
have done a great job on that process over the years, but one of the things that I
think would be helpful is to put not only that earmark back to HCDC to decide,
but also the additional funding that we put into it from utility and, um, I would be
interested in exploring that, maybe later this year, as we approach the budget time,
and allowing that Commission to make the recommendations for the funding,
given that they have a broader view of who...who needs it, and then they could fit
all the pieces together I think a little bit better than, um, the two different
processes, and it's something I've thought about over the years, um, and I
thought...I think it might be, uh, a nice, um, improvement on our process of
supporting local non-profits.
Wright: Having worked on the Aid to Agencies allocation for the last two or three budget
cycles...
Bailey: And you've done a great job, I'm not trying to (both talking)
Wright: No, no, no, but it's...I appreciate that, but it's...it's a matter of trying to make
some decisions with limited data.
Bailey: Right!
Wright: ...and uh, sometimes making some educated guesses.
Bailey: And this is the group that really studies it and is in it, and I think sees the whole
picture, and always is challenged with funding in those public service projects,
and perhaps it would be beneficial to put it back to them. I...I don't...maybe we
can talk about it another day. I just wanted to plant that seed because I think it
would make this process, and our support of local non-profits, um, a little bit
more, um, impactful.
Hayek: Obviously we can't decide that tonight, but if there are enough people we could
schedule this for a work session later in the year. (several talking)
Bailey: Unless you don't want the money, Steve.
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Long: Well, actually item 15 on your agenda gives you an opportunity to talk about that.
Bailey: Oh, it does? (several talking)
Champion: Steve, can you tell me a little bit more about this ISIS Investments, and where that
money is going to go.
Long: ISIS Investments, that's...it's a private, uh, company that will go towards the
acquisition of the properties, and part of the funds go towards the developer fee,
as well, to help with operations.
Champion: I'm sorry, I...
Long: To help acquire the...the properties.
Champion: And where will these properties be acquired?
Long: In the areas that...on that map, which I do have a copy of if you'd like to see it.
(several talking) So they (mumbled) for rental properties, can only acquire
properties...it's kind of hard to see, but in the light blue...this is a...I believe this
is the third year of funding for the organization. They've been successful in the
past three years. The University program as well will be in the light blue only.
Champion: Okay.
Hayek: Steve, while I've got you up, um, the...the Habitat request shows, um, among the
locations, 17 and 18.
Long: For... for (both talking) but a number of years ago, City Council said that this
policy, or its guideline, only applies to rental, not homeownership.
Hayek: (mumbled) wanted to clarify that.
Champion: Yeah, no homeownership is different. Thank you.
Hayek: More questions for Steve while we have him up from his chair? Does everyone
have in front of them the...the...front of them, the spreadsheet of the
recommenda...recommendations which...the last page of item 13, before item 14
starts, in the packet? (several responding)
Bailey: So do we need to discuss that $40,000, is that what...
Mims: We need to discuss the $70,000 also.
Bailey: Right. So there's CDBG funds on the allocated recommended to go to Extend the
Dream.
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Dickens: I would recommend just using that, uh, I just recently toured the, uh, small mall,
um, I know they were talking about they're moving, uh, I definitely see a need for
that space and it's...the way they're looking at it is, it's going to be, for the
community, they can use, and it's amulti-purpose, more than it is now, but it will
still take care of their initial mission, I believe.
Wright: I think this could use that money.
Hayek: So the, uh, proposal is to move it to Extend a Dream, acquisition under public
facility.
Karr: Is that a motion by Dickens?
Bailey: For an amendment.
Hayek: At this point it's a proposal. We'll see if it becomes a motion.
Bailey: I think it is (mumbled)
Karr: It is a motion?
Dickens: Yes.
Wright: I'll second.
Hayek: Moved by Dickens, seconded by Wright. Dis...discussion? All those in favor
say aye. Opposed say nay. Okay, so we've moved the $40,000 up to that line
item.
Bailey: And I think we should take that $70,000. That's...I think that's a really good
program. And could benefit from it. What did you say, 26 houses, potentially?
For rehab? (both talking) The Iowa City Housing, their owner-occupied rehab.
The increase.
Hayek: Yeah, I could support that. I...I think that's (several talking)
Bailey: So I make that in the form of a motion.
Wilburn: Second.
Hayek: ...yeah, or moved by Bailey, seconded by Wilburn. Discussion? We have a lot
of fixed income, uh, folks with increasing property taxes, uh, they're an especially
vulnerable population.
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Bailey: Well, it's important to keep our housing stock in good repair, and we have old
housing stock throughout the community, so...
Wright: It's just a good opportunity for owners to be able to make some improvements on
their properties at...pretty favorable rates.
Bailey: Right. (mumbled)
Hayek: Further discussion on that? All those in favor say aye. Opposed say nay. Motion
carries. So that's now what, uh, 282,024?
Bailey: Uh-huh.
Wilburn: I just want to thank the Commission Members for all the work, uh, the hours that
you put in touring facilities, going over the figures, um, I know it can be
challenging when you've got a limited...amount of resources to allocate, and uh,
the number of requests that comes in, um, one way to look at it is welcome to our
world as Council Members, but the...the better way to look at it is it's the
community involved in making and struggling with these hard decisions and can
help depoliticize, uh, services and benefits for, uh, community members, and
um...I think that also helps strengthen, um, the acceptance and acknowledgement
of the community that, um, this is an important feature of community for, um,
citizens that may not be able to, uh, benefit from...other types of activities, or
may have some type of limitations, um, whether it be economic or...or um,
situations that uh, anyone of us might find ourselves in at any given point of our
lives, um, the Council...you don't hear the...the necessarily the piece the Council
sometimes gets, um, the displeasure of participation and funding and tax dollars
going to some of these types of activities, uh, but it's...I think it's the heat that
we're willing to take, as long as we have community members like yourself that
are willing to...to help make some of the hard decisions for us. So, again, thank
you for your time.
Bailey: I really appreciate your, I mean, I just want to echo what you said, Ross. I think
your knowledge of the community and the organizations in the community is
amazing, and reading the minutes, you're all very knowledgeable and uh, you
make tough choices, as Ross said, but um, you're very well informed, so it's...it's
easy to trust your recommendations when they come to us.
Mims: I would just echo that and also say you mentioned the minutes, Regenia, for a new
board, or a new Council Member, uh, particularly being able to read the minutes,
and whoever your minute-taker is does very detailed minutes, and that was very,
very beneficial in terms of getting a sense of the discussion and the points of view
and the, you know, the back and forth, and the compromise, and people are
coming at things from different perspectives and so to see, you know, what
people's initial positions were and how you managed to reach consensus on things
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and what you really thought was important, was very, very helpful to me. So I
also appreciate very much all your time.
Wright: An amazing record of how serious the Commission takes their work!
Mims: Yes, very much!
Wright: Seriously (mumbled)
Hayek: I don't know if Steve or Dale could answer this. Of the University program, what
is the breakdown ofowner-occupied versus rental? At least thus far, or as we
plan it out to the bitter end.
Long: Well we plan, well, we hope to buy at least 25 homes that are currently rental,
convert them into affordable homeownership. To date we've purchased, uh,
three, but we have...we just put another purchase offer in today, and we're
negotiating a fifth, and probably another three next week so that's the
homeownership side. The rental side, at this point it's dependent on funding, and
so...same with the homeownership. We wrote that grant to I-Jobs, got the $1.25
million which allowed us to start. So it looks like six for now would be the rental
portion.
Hayek: Is there a... a balance or a ratio we're looking toward?
Long: It really...we look...when we looked at...we looked block-by-block, you know,
rather than neighborhood by neighborhood even, and so we really looked at... at a
specific block to see the...the balance between the condition of the home, um,
homeownership and rental, and so it...we don't really have a set number though,
at this point.
Bailey: And that program insofar as income level is targeting...what column?
Long: Well, first...for homeownership it's a little bit higher than...than our median
income for a... for a.. .
Bailey: So it's 80 to 125?
Long: That's...for a family of three to five persons it's about $69,000 is the max.
Bailey: Okay.
Long: One or two persons, about $61,000, for homeownership.
Bailey: Okay.
Long: For the rental program it would be 60% of median income or below.
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Bailey: Okay, and below. Okay. Thanks!
Champion: Um...I love the Housing Fellowship's thing with the University. I think it's
going to be great. I have some problems with this ISIS Investments. Not the
corporation or whatever it is, but because they will be able to build in Mark Twain
and Lucas school districts. I think after our conversations last week, that I think
that's not good. I... it really bothers me that we would put any more subsidized
housing in those two schools. Um, so...I'm correct, right?
Hightshoe: The ISIS proposal is to only...to acquire existing homes. Um, in census tract 18
is not in the area encouraged, so they could not purchase a home in census tract
18. So basically anything south of Highway 6 they would have to take back to get
your approval.
Champion: Except that Mark Twain and Lucas are north of Highway 6.
Hightshoe: There are some blocks, yes.
Champion: Yeah, so...they could very easily burden those schools even more. I think I'm
correct on that.
Hightshoe: Yeah, if they have children, uh.. .
Champion: Right!
Hightshoe: ...elementary-aged children.
Champion: So I'm going to ask the Council to do me a favor if we can pull that out and vote
on it separately so I can support the rest of these projects.
Wright: I wouldn't be willing to do that, Connie.
Champion: Okay. Then I'll just vote no.
Hayek: Connie, I...I share your concern. The thing is we have an established policy,
which we're taking up...within a matter of weeks, um, and it seems to me that our
focus should be on...on the policy, and that if we want to make changes to that
map or any other thing that relates to these policies that we've got to do it that
way.
Champion: Okay. That's fine.
Wilburn: Uh, just...is there anything procedurally wrong with doing that. I'm recalling
times in the past when I had conflicts of interest that, um...we were allowed to
pull...the Council did pull an item out, um, is anything...in terms of the plan?
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Dilkes: Um, no, you could...you could amend the motion that's on the floor right now to
remove the ISIS and then adopt that separately after you vote on the rest of it.
Assuming you all don't change anything, um...that messes up the figures that
you've already voted on when you vote on Connie's one.
Champion: I would like to move that we vote on ISIS Investments, uh, allocation separately.
Wilburn: And I will...I wil1...I'm supportive of ISIS, but I will...because of that courtesy
extended in the past, I wi11...I will second that.
Hayek: Moved by Champion, seconded by Wilburn. Discussion?
Bailey: Well, Connie, you're going to hear this in June, but I think one of the things...I
understand your concern, but I think...I think you're looking at things too
broadly. I mean, when we hear these income levels, and when we, for example,
look at our bargaining contracts, we are talking about families that we employ,
and...and first year teachers. I mean, and the thought that we aren't making rental
and housing stability available to them is concerning to me. And so, painting
things with too broad a brush, I think...doesn't get at your objectives, because I
know you've been very active in Shelter House and other concerns in the
community, and I don't think it's a broad, um, overall student achievement
objectives, but we'll talk about that in June.
Champion: Yes, we will.
Hayek: Further discussion?
Mims: Yeah, I...I've had some conversation, uh, with somebody who's involved in ISIS,
and I think if you look at some of the minutes from, also from the Housing
Commission. They are very involved in more than just, um, more than just
buying property and getting people into rent. They're very much involved in
trying to move people towards homeownership, lots of, um, counseling and um,
hand-holding, if you will, and... and very, very supportive and I think from what I
recall having seen their properties, they are very, very well spread out, um, and
while I certainly share your concerns, Connie, about the schools and those things,
um, I would go ahead and support this project (mumbled)
Champion: Well, I'm not asking you not to support it. I'm asking you to allow me not to
support it. Um, it says rental, it doesn't say homeownership here.
Mims: No, it is set up, I mean, right. We would be approving it as rental, but I'm just
saying, their long-term goal is working with their clients, eventually towards
homeownership.
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Champion: I don't have anything against this (mumbled) company. I just want to (both
talking)
Hayek: I mean, our conversation really had to be about whether to remove it from the list.
Champion: Right, right, right!
Hayek: So any further discussion on that? All those in favor say aye. Opposed say nay.
Are the nays Bailey and Wright?
Bailey: They are.
Hayek: Okay, so the motion passes 5-2, Bailey and Wright in the negative. So now
we've bifurcated this one from the rest of them. Um...why don't we just go
ahead and vote on...on the ISIS.
Dilkes: (several talking) no, let's vote on the resolution with everything but ISIS. (several
talking)
Hayek: I'm the rookie here! (laughter) Okay, is there any further discussion on the
balance of, uh, the list? Okay. Roll call. Item passes 7-0, and now we shall take
up the ISIS line item.
Dilkes: Okay, and let's do a motion to add ISIS back to the Exhibit A of the resolution
that you just passed.
Bailey: So moved.
Wilburn: Second.
Hayek: Moved by Bailey, seconded by Wilburn. Discussion? (mumbled) (laughter) All
those in favor say aye. Opposed say nay. Okay, item appears to pass 6-1,
Champion in the negative. Do I have that right? Okay.
Champion: Thank you!
Hayek: Uh, we've been asked to take a short bathroom break, so we will, uh, do so and
continue the Council meeting in roughly five minutes. (BREAK)
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ITEM 15. CONSIDER A RESOLUTION ESTABLISHING FUNDS FOR THE
HOUSING REHABILITATION PROGRAM, ECONOMIC
DEVELOPMENT ACTIVITIES, AND AID-TO-AGENCIES THROUGH
THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT AND
HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS.
Wright: Move adoption.
Hayek: Moved by Wright.
Dickens: Second.
Hayek: Seconded by Dickens. Discussion?
Bailey: So this is the place where we can talk about pulling out Aid to Agencies for the
upcoming budget year. Is that correct?
Mims: Yeah, I think that's kind of what Steve was talking about (several talking)
Wright: We talked about putting it on a work session, at some later date, but if, you know,
we can probably...
Dilkes: (several talking) let's clarify, yeah (several talking) but...which budget, cause we
just passed the resolution with the 105 in it.
Bailey: Right.
Dilkes: So when would...if we took it out from here, when would that become effective?
Long: July 1St, 2011...2011.
Bailey: So that wouldn't get at what I was talking about.
Hayek: We would start doing this for...for the FY12 cycle.
Long: Yes, that's correct.
Bailey: I'd like to remove Aid to Agencies from this list, and I'll make that motion.
Hayek: You can make the motion...my personal preference (both talking) let's get a
second.
Wright: I' 11 second.
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Hayek: Okay, moved by Bailey, seconded by Wright. Discussion?
Bailey: You want more discussion?
Hayek: Well, I...I, yeah, I don't know the pros and cons of taking this action.
Bailey: Can we...what would be the, um, if we decided to talk about this at a work
session, we could go back and amend this plan?
Dilkes: Yes.
Bailey: Okay. I'm comfortable with it, if...if you would like further discussion, but I
would just like to make sure that we discuss it this year.
Wright: Yeah!
Helling: I assume you'd have to rescind this resolution then. Is that correct?
Dilkes: Or, right, you'd rescind it and adopt a new one, right.
Bailey: Okay. Well, can I just withdraw that, um, amendment then.
Hayek: Sure. Okay, further discussion on item 15?
Bailey: Well, before we vote on it, I do want the agreement that we're going to put this on
a work session though.
Wilburn: I think that's (several talking)
Bailey: I just want to make sure! Okay.
Hayek: You're there!
Bailey: Thank you!
Hayek: Further discussion? Roll call, please. Item passes 6-0.
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ITEM 17. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE MOSS GREEN URBAN VILLAGE
URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF
JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON,
IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF
PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS,
MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS
ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN
CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMNENT
PROJECT. (SECOND CONSIDERATION)
Hayek: As I understand it, applicant...the applicant has requested expedited action.
Klein: Um, may 1 address the Council, please?
Karr: Could we put it on the floor first (several talking)
Hayek: Yeah.
Wilburn: I move second consideration.
Bailey: Second.
Hayek: You're moving to collapse?
Bailey: No.
Wilburn: I move second consideration.
Hayek: Okay. Moved by, uh, Wilburn, seconded by Bailey. Discussion?
Klein: Uh, Garry Klein, 628 2°a Avenue. Um, given the discussion earlier about
the...the mixed use part of the...of the property, and given that there's a TIF now
being...being voted on, I wondered if there was any consideration of those up to
502 units that were discussed if any of those units are...are planned to be
affordable units. That is for, uh, people up to 80% of the median area income.
Bailey: This is establishing a district. This isn't a development agreement that would do
that.
Klein: Okay. I just...
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Bailey: That will come later...in the TIF process, if I'm understanding it correctly.
Klein: Okay, well, pardon my premature question then.
Bailey: But it... it's a good question.
Hayek: Thanks, Garry.
Mims: I'm interested in condensing the readings, I mean, I know that's not the motion
but I don't know if this is the appropriate time to discuss it or if we have to...vote
this down to then try and discuss that or...help me out procedurally here.
Wilburn: My request (mumbled) a little discussion on this first. You could, uh, I presume
make a motion to, you could amend...
Karr: You could withdraw it.
Wilburn: I'm not interested in withdrawing it, so that's why I was suggesting...
Dilkes: Remember it's going to take six of you to do that.
Wilburn: Okay. Um...just general discussion, Mr. Mayor?
Hayek: Sure.
Wilburn: Um...the reason that I am hesitant to collapse, um, there are times on Council
when there are certain issues where, um, there's concern, um, about, uh, either
components of this, or the tools of government, and this ends, uh, this...setting up
the TIF ordinance for, uh, or setting up a TIF district, uh, tax increment financing
has at times been, uh, contentious in the community. Um, and I have supported
appropriate use of that tool and feel that we've done so, um, but, uh, collapsing
readings shortens the amount of time that those who do have an opportunity to
express their concern, um, just want to make sure that they have that opportunity.
So...but I...I will be support...I will be supporting, uh, this ordinance on...on
third reading, and I support the project, and that's the other piece to this, is, uh,
very, uh, glad that the developers are looking and working with staff in such a big,
comprehensive way and this is a significant impact on the community, but in
particular that area of town and, you know, I'm going to be supportive of that, but
again, just to, um...uh, still allow that opportunity for some folks to come forward
to Council, and to the public.
Bailey: Yeah, I've always...
Wilburn: If...if there were...if there were some, uh, you know, construction season type
thing or those...that would be a circumstance where I might reconsider that, but
I...I'm comfortable with proceeding with that opportunity.
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Hayek: I...I tend to agree. I'm...I'm absolutely supportive of the project, um, but where
there is some...some amount of possible controversy, as there has been, uh,
with..with TIF projects in the past, and..and secondarily where there's not, at least
from my perspective, an identifiable advantage to the applicant or a particular
need to do this. I...I become leery about collapsing readings. Um, unless I see a
really compelling reason to do so, and we're taking up the rezoning anyway at the
beginning of June. (several talking)
Bailey: Well, and I think the rigorous discussion of TIF and its use in our community has
made us better at it, and I think that we've done it very well, as evidenced by the
fact that we benefitted in our budget season because of our use of TIF, and our
careful use of TIF, and so I agree with you. I'm reluctant to collapse, um,
particularly with this issue.
Hayek: Pelds?
Pelds: Wally Pelds, Pelds Engineering, EC04 Partners, hold on, I got some names I gotta
read that I forgot last time. Um, Ken Moss and Donna (can't hear) are also part of
the group, so wanted to mention their names, as well. Um, the reason we asked
for this expedited version is because we do have that anchor tenant that we've
been discussing, um, that is watching this process. And I know Council assured
us that should we need to move expeditiously that it would take place. Now, if
you are not comfortable, you know, co...collapsing asecond and third, being that
there's not another meeting in May, that really...becomes contentious with our
timeline.
Wilburn: I believe, just to modify, uh, an understanding of what you just replied in terms of
(mumbled) I believe that Council had said that they would be willing to hold, uh,
an additional meeting, which Council has done with other developments and
projects in the past. That's my recollection, uh...but then again I...moved on a,
uh, ordinance instead of a resolution earlier so (laughter)
Pelds: And I don't want to put you in an uncomfortable position, but I would ask the
question, I've been to many TIF ordinance meetings. I've been to many
development agreements. I have yet, has anyone written a verbal objection to
this. I mean, we've been in the papers. We've been good neighbors. We've
showcased, we want people to look at this thing. And, if anyone...I would ask
where your reservation comes from. That...that would be my question of
Council, is if... I would understand if there was a line of 20 people saying no, we
don't want this to take place. I would completely understand, which would give
us an opportunity to explain what a great benefit to the community it's going to
be. With no risk to the inherit community -does that make sense to you?
Wilburn: That makes sense, and uh, if...uh, part of this is a history in this town that you
wouldn't necessarily have been (both talking)
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Pelds: Well, I read some of the minutes, so I saw some of the contentious issues (both
talking) where there were some misunderstandings. However, we've been very,
very, very transparent, in all of our dealings. We've...I don't think we've ever
asked for Council to do anything, which is outside of the norm, so my question
would be this, if we cannot, um, collapse the second and third, if that's going to
be the leaning of the Council, may we request a special session to show our, uh,
anchor that is watching this process that Council would be willing to do a special
session for that third reading, before the end...uh, before the end of May.
Wilburn: I guess I would say that we are in no way implying any wrongdoings on your
parts. It's certainly within your right to request, uh, that collapse. Uh, I'm just
saying that, um, and you wouldn't experience or see this in...related to tax
increment financing projects, uh, certain perceptions in the...in the committee that
don't necessarily get played out in a project, but with...with other areas, about
um, here's examples of how the Council, uh, tries to push forward, and you have,
again, nothing to do with this, but uh, hopefully you would also show from the
transcript or from, uh, tapes, that each of us is also said that we are supportive of
this project, and that you could show this...this to them, but you know, it would
be a matter of the Mayor and Council wor...trying to work with the City Clerk on
establishing a date for that additional meeting. And I interrupted you, but go
ahead if you...
Bailey: No, just curious as to why this collapse, I mean, this is establishing the area. It's
not the development agreement. It's not the rezoning, um, to me it's not the thing
that moves...that propels. It's simply, you know...
Pelds: I believe it becomes the instrument then also to incentivize the anchor tenant to
come to the city and ask for some additional incentives to be in Iowa City...cause
that's what the ordinance, or the urban renewal plan and the TIF ordinance allow
for that, because the...the other 50% I understood was reserved for incentivizing
and economic development.
Bailey: Yes, and (several talking) TIF district a business can ask for benefits of that
district. That's...yes, that's accurate. Thank you.
Pelds: Yep.
Hayek: Further discussion on the pending, uh, motion?
Wright: I'm still fully in favor of this and...I'm saying I'm in favor of a TIF.
Bailey: I know, it's a miracle! It's a little miracle!
Wright: Stranger things have happened, but no, this...this is one, a project that I really
think, uh, makes appropriate use of it, uh, and I'm...I have to say I'm just a tiny
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bit confused as to why the potential client would be concerned, but that...it is
what it is.
Bailey: Well, I asked, yeah, and that's what we heard so...
Feegan: Mr. Mayor, I actually came here on another matter. If I could be heard.
Hayek: Yes, sir, please state your name.
Fiegen: My name is Tom Fiegen and I'm a resident of the greater Iowa City area. The
Mayor knows I am a bankruptcy lawyer, and when I hear people saying that TIF
is necessary for the financial wherewithal to draw an anchor tenant, the first thing
that comes to my mind is, how deep is the developer, in terms of equity, and how
much of this is borrowed, and the question I have for you as Council Members is,
if the developer should fail in this plan, what happens to the repayment of the TIF
from the taxes that are not collected by the City? And, understand this is a
beautiful project, I've heard wonderful aspirations, and whenever I hear a
developer talk about aspirations of a new and better development, the first
question is what's the cost, what's the cost to potential tenants by...square foot,
and how soon before they're a client of me and another bankruptcy lawyer? And
I just want to raise that what you see, what looks to be a very beautiful and
expensive development, the first question is, are the tenants going to be able to
pay the rent to subsidize those amenities, and if not, how much staying power
does the developer have to eventually bring the thing to fruition, if they've come
to you with what appears to be the land of oz, and when the tenants are unable to
pay the rent, there's no money, and they come back, or somebody has to buy...a
Sheriff's sale, and then you're left. How do you collect taxes on asub-finished
development? Those are my questions. I don't have the answers, and I don't
mean to stop you, but you just triggered a number of things in my little
bankruptcy brain that I wanted to bring to your attention. Thank you.
Wilburn: That's an example of what I was talking about earlier, that...that (mumbled) so...
Mims: I mean, I think all of us sitting here have certainly seen and heard enough of the
detail of this project that I certainly don't have any of those concerns, I mean,
we're not putting the money up. The City essentially has no risk. We've gotten
assurances on the developer's financial situation to...to do this project, so I
don't...I don't share any of those concerns at all with...with the knowledge that
we have, um, if the developer is telling us that time is impacting them and their
ability to deal with, you know, potential tenants and... and anchor, um, if the
Council is not willing to condense this, I certainly hope that we would, um, I
would like to see us then look at the calendar and try and come up with another
meeting, before the end of May, to try and do the third reading then. I would
prefer condensing it, but that obviously isn't going to go anywhere.
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Hayek: We'll continue our work session after the formal, and maybe we can take that
issue up then. Further discussion? Roll call, please. Item passes 6-0.
Karr: Motion to accept correspondence.
Wilburn: So moved.
Wright: Second.
Hayek: Moved by Wilburn, seconded by Wright. Discussion? Roll call, or all those in
favor say aye. Opposed say nay. Motion carries.
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ITEM 18. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED
"POLICE REGULATIONS," CHAPTER 5, ENTITLED
"MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED
"AGGRESSIVE PANHANDLING," TO PROHIBIT SOLICITING FOR
MONEY IN LIMITED AREAS IN THE DOWNTOWN. (SECOND
CONSIDERATION)
Hayek: This is second consideration, and staff has requested expedited action.
Bailey: Move second consideration.
Wright: Second.
Hayek: Moved by Bailey, seconded by Wright. Discussion? We clearly have some
members of the public here, so...sign in or...or put your name on a sticker and
put it on the, uh, book please, and state your name and...address us.
Klein: Uh, good evening again, Garry Klein again, and still at 628 2"d Avenue, as far as I
know.
Hayek: And, Garry, I'm sorry to interrupt you. I'm going to ask that people limit their
comments to three minutes tonight. Based on the late hour, and the number of
people who apparently need to address us. (both talking) Just so everyone can
get.. .
Klein: May I ask the Mayor if...if I run out at three minutes, can I come back for another
three? Cause I know this is more than three minutes. I timed it.
Hayek: Yeah.
Klein: I was timing for five, but three I...
Hayek: We'll play it by ear.
Klein: Okay. Okay, so uh, I... first of all, I wanted to thank everyone behind me for
coming. I was surprised. This...when I sent you a letter, I understood I was the
first correspondence that the City Council had heard from about this, uh, about
this issue, other than the...the person who spoke at the last meeting. So when I
sent that letter, uh, I did for three specific reasons. One, I wondered if this is an
overkill measure, given my understanding that exactly zero, uh, aggressive
panhandling citations have been issued, if I understood, uh, from the Council
Members...I asked that question of...of that issue. So if we already have
something that's working, and we have three or four other ordinances that can be
used if people get out of hand, why are we here tonight? Why are we here at this
late hour? Um, secondly, as a person who's been before this Council many times
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on free speech issues, um, this further limitation of free speech, essentially putting
people in the planters to keep them away from the entrances of businesses seems,
again, to be, uh, not very promising given that these same folks may be our... our
street musicians, as well as folks like student groups who are raising
million...over a million dollars for things like, uh, dance marathon, as an
example. Um, and finally, is this really fair to other businesses in downtown, I
mean, we're...we're treating the ped mall as this very special place, where the
rest of downtown has to kind of contend with the fallout when we keep
making...making rule changes in that area. Um, so I can understand, given what I
just heard about the, uh, from the money for block grant money why perhaps you
haven't heard from, uh, some of the non-profits and their issues. But I also...uh, I
guess there are people, as you see behind me, who have a views...a viewpoint that
differs from yours, or at least your first vote. So, I want you to think about the
different between meaning well and acting well, because we all mean well.
Everyone here means well, that's why we're here tonight. I think in making your
first consideration you meant well...to make things better for the...for businesses
on the ped mall. I understand there are issues. But for everybody I hear who says
there's a problem on the ped mall, I read something or see something on a
community program that says, we love...here, can I give you a direct quote. This
is from a...a tenant on the ped mall. Downtown is safe. I feel safe. Everybody
watches out for each other. It's not just a place to do business. It's a place for
friends to meet and to hangout. Well, a lot of people believe that, and that's why
they're down there, and it's not just about business, even for the business owners,
apparently. I did contact the DTA to find out who are these people who said we
need to do this now, and I was told, well, we're not going to tell you, so I wonder,
did they tell you? Uh, thirdly, um, you know, you have a Member on the Council
who frankly may, in my estimation, at least have an ethical consideration in
making a vote. Why? Because he has a business on the ped mall. Two he has,
uh, in the past made statements about his feelings about panhandling, and how
that affects his business. There's an economic interest at play here. My concern
then is that for fairness that...that that person really consider whether it's through
amoral compass or through a higher power, whether it's appropriate to vote on
this issue. Um, so...the last thing I'm going to say, and I'm going to move out
and let other people talk, is that at the very least, you mention that this item is
being asked to be expedited by staff. What I'm asking you to do is get more data,
for crying out loud. If what I'm hearing here is zero people have been arrested on
existing aggressive panhandling ordinance, why are we trying to make it harder?
So having said that, I...my request to the Council is let's separate these votes out.
There may be more people who need to be heard from, including the Downtown
Association. I'm...I'm not saying that I'm the arbiter of all things that are right
about the City. I'm not saying that at all. I'm saying that there are people who
are going to be affected, and it's not just the...it's not the usual suspects. And
with that I'11...I do want to, uh, give something to, uh, for you guys to look at.
You may have seen this. It's called preventing panhandling. There's a lot of
different ways we can approach this thing. It's good information, and maybe we
can try education over adjudication.
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Hayek: Mr. Klein, for your information (applause) Mr. Klein, so that you and the others
understand, there's no present motion to consolidate the second and third readings
of this item. The...the motion is to pass second consideration, which would still
leave the third consideration for the next City Council meeting. (unable to hear
person in audience)
Wright: Not tonight!
Hayek: Not tonight.
Fidelis: My name is Libris Fidelis, and of course I live downtown at Capitol House
Apartments. Uh, I have made a previous correspondence, connection, uh, through
the emails, uh, to the City Council, and I believe I spoke at one of the previous,
uh, Council meetings, but I'm not sure if I did or not. The pending Iowa City
ordinance concerning the allegations of panhandling, uh, is both labeled and
prejudicially, uh, excessive in its effect upon denying basic United States' civil
and constitutional rights to a minority of this City's impoverished citizens. In the
four years that I have lived downtown in Capitol House Apartments, I have
regularly, almost daily, made at least six or more round trips per week walking on
the downtown sidewalks and right through the ped mall, which is now being
labeled by the Sheraton Hotel as "City Plaza." Those daily walks have been
especially, going to the Wesley Center Free Lunch program on north Dubuque
Street, and Capitol House Apartments, from Capitol House Apartments, uh, but
also randomly I've been going to the Wedge for occasional breakfast, to the Iowa
City Public Library, to the Bread Garden Market for groceries, to the Post Office,
uh, to the Downtown Transit Center, to Old Capitol Mall and to various food
establishments for meals. Never in my four years of walking downtown have I
witnessed anything remotely resembling what is described in the proposed
ordinance as aggressive behavior as the result of impoverished solicitations that
have regularly been asking for charitable assistance from the public in presence.
Yes, I have witnessed the very rare, occasional minor violent or threatening gang
altercations in the ped mall area, but those are very rare, and has never involved
impoverished solicitors who are regularly asking for charitable handout donations.
There are two very serious civil rights denial issues that our City is attempting to
press into, uh, ordinance. First is to deny the City, by City ordinance the right of
certain minority citizens to be present in certain locations in our city. A second is
to deny this, by City ordinance, the right of certain citizens to communicate their
plight with the public, in the hope that some minor monetary aid will be
forthcoming from an understanding and sympathetic public. Any restriction or
denial of these two basic fundamental human and constitutional rights results in
civic disqualification of citizenship rights upon a certain selected disadvantaged
segment of our society. Such an act by ordinance if passed by Iowa City Council
will be therefore a response to a perceived non-reality that the issue might
concern public safety when directed to historically peaceful, impoverished
solicitors. But rather, this is actually a personal vendetta by certain commercial
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economic special interests, that originates from a dislike for seeing in the public
presence the apparent low-income and non-income disadvantaged citizens who
come to the central downtown area to solicit for generous but meager charitable
assistance. The end result of this ordinance is, if approved, uh, by Iowa City
Council, will be a prejudiced ordinance that is aimed at excluding citizenship on a
particular segment of our society, just because of their personal appearance and
activity to solicit charitable handouts in a typically peaceful manner. This
committee, uh, Iowa City committee, uh, Iowa City Citizens Community
Committee urges that this ordinance must be stopped now by a City Council vote
against passage. It is both immoral and presents a caste making precedence for
our city, which I believe will only result in a more probable civil rights lawsuit,
which our City cannot win, and which will incur the wasted legal expenses thereto
for our City to pay. Vote against this potentially tragic and defaming ordinance
now. Thank you.
Hayek: Thank you. (applause)
Smithers: Uh, my name is David Smithers. I'm from...I live in Wellman, so I'm an ex-
urban Iowa Citian. Um, I've lived and worked and went to school in...the greater
Iowa City area for nearly 40 years. At least five of those years, mostly in the 70s,
I lived in Iowa City itself. Uh, the downtown of Iowa City together with the
University of Iowa campus is a historic and vital commons. Not only to Iowa
City, but essentially to the world. We're a UNESCO Literature City (mumbled)
to Iowa and to the nation. The commons needs to be protected in order to protect
the First Amendment rights of free speech and assembly. The commons has
existed in downtown Iowa City, and the U of I campus, in conjunction with
commerce and residential usage, for over 150 years. Uh, changes in commerce
have induced...include an influx of federal dollars. The urban renewal that
started in the mid-60s and just ended not too long ago. Uh, to the present day. It
has also seen changes in transportation, and the nature of the pedestrian
experience. Much commerce has fled to the...the malls and the big box stores for
sure, where there exists cheap land and free parking. The congregation of people
in such commercial areas has not been (mumbled) by any notion of commons
though, and that is a very mixed bless...blessing indeed. Free parking is no
substitute for free speech and free assembly. And that's the reason for people like
me, and other people, go to downtown Iowa City to...to mingle and to shop and
to eat and get Library books and so on. And, yes, occasionally people, uh, protest
down there, and some people ask for help. It is, uh, a vital dynamic for this city
and it's part of our history. Now a dark cloud is closing in...over us, and I'm not
just talking about volcanic clouds from Iceland, that's bringing down our cold
rain. Post-911 America has witnessed increased laws of security, especially
security of property. Human rights, including economic human rights, has taken
hits, such as English-only laws here in Iowa, where place immigration,
enforcement raids, restrictions to protect and sometimes, um, restrict free speech,
something called free speech zones. That was mentioned not too long here...long
ago here in Iowa City, uh, a few winters ago in Des Moines, uh...homeless people
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Page 46
were cleared out of their heated hooches by the City of Des Moines, in the dead of
winter, and now Iowa City with, afraid of its increased socio-economic and ethnic
diversity has spewed forth with curfews and prohibitions on youth groups, uh,
congregation..congregating, and now increasing restrictions on homeless people,
among them neglected veterans, asking for help. Two thoughts come to my mind,
well...two things bother me. Arizona immigration laws, and now this! Uh, Iowa
City becoming more, progressive Iowa City becoming more intolerant. One word
comes to my mind, I hate to say it: boycott.
Hayek: Thank you.
Clark: Excuse me (noise on mic). Good evening, Mayor, Council Members, my name is
Sarah Clark and I live in the, uh, northside of town. Iowa City already has an
ordinance in effect that, um, which outlaws aggressive solicitation. I would like
to see some evidence that the current ordinance has not been effective. Why is
there a push for further restrictions? It seems to me that these changes are being
driven by one organization's perception that downtown can only be rescued by
further restricting certain persons and their activities. I'm in downtown Iowa City
several, uh, several times a week, often to visit businesses within the ped mall
zone. Not once have I felt threatened by someone panhandling...panhandling.
Nor have I ever been directly approached by anyone asking me for money. What
I have seen on a number of occasions are one or two individuals sitting quietly
near the curb holding a small sign asking for a donation. Are these persons
aggressive, in their panhandling? No, they are not. Have...how have they
reacted, have they reacted in an aggressive or threatening way when I
acknowledge them, but say that I cannot give them a contribution? No, they do
not. These proposed changes to the ordinance have already created some
unintended consequences as evidenced by a letter to the editor in today's Press-
Citizen from University of Iowa Dance Marathon organizers. Are you now going
to amend the proposed ordinance changes to provide exceptions for non-profit
organizations? You head down a slippery slope when you begin to differentiate
between acceptable and unacceptable solicitors. I think these proposed changes
are unworthy of the Iowa City I love. Rather than corral panhandlers into an even
smaller area, wouldn't it be more productive to provide information about local
social services? One of the reasons I chose to move to Iowa City last year was
because I knew it was not a `one flavor' city where everyone looks and acts alike.
The diversity of ped mall users, including panhandlers and solicitors from non-
profit organizations contributes to the wonderful vitality that we enjoy in Iowa
City. I believe the proposed ordinance would have a detrimental impact on that
vitality, and I urge you to reject it. Thank you very much.
Hayek: Thank you. (applause)
Bennett: Hi, I'm Darcy Bennett, the Executive Business Director of Dance Marathon, and
I'm just here to inform you on how the panhandling ordinance could go ahead and
affect our organization, as well as other non-profit organizations. We are a
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student-run philanthropy that raises funds for children with cancer, pediatric
oncology patients and their families, treated at the University of Iowa Children's
Hospital. The money that we raise goes directly to the Hospital and the
community surrounding it with the...area families who are treated here. For the
last three years we have raised over a million dollars each year for pediatric
cancer families and patients. With the money raised we provide financial,
emotional, and social support to these families. There are many programs that
have been implemented with this, including child life assistance, summer
programs for oncology patients and their siblings, and hospital renovations. We
also fund a lot of the small things, like a dinner every other Sunday night, and
parking vouchers for hospital ramps that can really mean a lot to families who are
staying in our hospital for weeks to months at a time. We recently donated $1
million actually to the University of Iowa College of Medicine to fund
renovations to a research laboratory and to the establishment of a research fund.
We work year-round to raise funds and awareness for pediatric cancer, and during
the weekend in February, we celebrate the lives of those children who have
passed before us, and who are here with us today, in a 24-hour event. In order for
students to join our event, they are required to raise $400, and much of this money
is raised from our downtown panhandling, as you may call it. In the past years
we've raised up to $30,000 per year with this downtown panhandling, and even
though that doesn't sound like much to a million dollar organization, it really,
truly is. In...to put it in perspective, uh, we spent $30,000 per year for holiday
gift cards that are donated just to the families so they can go ahead and provide
presents and different things for their children around the holidays. We
understand the main objective of this ordinance, but it does pose problems for a
non-profit organization, like ourselves, and many others. One of the fundraisers
that we, as I have mentioned earlier, do is kind of called `canning' where we ask
dancers or student participants to ask for donations in the pedestrian mall from
11:00 PM to 2:00 AM. This opportunity allows students of any socio-economic
status to raise funds for pediatric oncology, as well as continued participation in
an educationally beneficial activity during the late-night and weekend hours. This
new ordinance would greatly decrease the amount of participants allowed to
fundraise in this manner. We normally would have 30 students out on one night
and this may decrease down to 10 students on a particular night. And, many
students in our organization really do rely on this source of fundraising, as many
of our dancers, including myself, do not have wealthy family members who can
go ahead and cut a check for $400 in order for them to participate in our event.
For this reason it is really important that we do offer this opportunity to students
to be able t supplement their own fundraising costs, and as necessary be able to
raise the full amount through downtown `canning.' Not only will this decrease
our student participation, but it may also affect the amount of money we are able
to give back to the Iowa City and University of Iowa community, as you've heard
previously. We are constantly revising the `canning' program to abide by City
ordinances and the University of Iowa cash handling stipulations. We'll be
willing to make adjustments as you feel necessary to please the general public;
however, if this is passed in the current format it could directly impact the amount
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Page 48
of money we are able to raise in our downtown `canning' program. So, as a
result, we would just like to ask you to possibly think of a revision for this for
non-profit organizations or I don't know all of the stipulations behind everything,
so just kind of consider us when you're thinking about passing this ordinance.
And I would like to thank you for your time and just ask you to consider us, as
well as the pediatric families and patients.
Hayek: Thank you. (applause)
Fiegen: Mr. Mayor, Members of the Council, my name again is Tom Feegan from greater
Iowa City. Given the late hour, let me be brief. I have two concerns about your
ordinance. The first relates to the First Amendment. We have an inalienable right
to freedom of speech and freedom of assembly, and it appears to me that this
ordinance, including the tightening of the panhandling, is a abridgement of that
right. The second is, the ped mall in our fine city is a unique public space. One
of the prior speakers referred to it as a `commons.' And, it is that, and it offers to
all of us, all citizens of Iowa, all visitors to Iowa City, a unique patchwork that
includes people that may be offensive to some of us, that may be different than all
of us, but they are part of Iowa. They are part of Iowa City, and this ordinance in
essence seeks to push them into the shadows, because there may be some
inconvenience. There may be some uncomfortableness, and I would say to you as
the elected representatives of this city and this patchwork quilt that you do not
pass the second reading of this ordinance, and you do not shunt these people who
are human beings into the dark corners of Iowa City, but allow them to be part of
the patchwork that is our ped mall, that is our downtown. Thank you. (applause)
Hayek: Anyone else wishing to address the Council? Briefly, Garry!
Klein: It will be very brief. I...I wanted to offer...I was about to say a fig leaf, but that
would be inappropriate. A, uh, a...olive branch! That's what I was looking for
(laughter). I don't know biblical stuff; I get confused (laughter). Uh...but, one of
the things that I did pay attention to is, you know, I look at things that have been
successful in our city. One of the things that has been successful for the DTA has
been the shop, or..and actually the Chamber of Commerce as well, is the shop
local or the 350 programs, and I got to thinking, if...if we really believe that our
social services could be better served by educating the public, and...and I really
mean that. By having posters, having flyers, having information on the DTA's
web site, you know, because we, let's face it, panhandlers are some of the most
web literate people I know, and uh, and so it's about where are...where are
resources available. So, part of it is not to...I'm not a...I don't want to be in the
business of shutting people up, so much as I want to be in the business of helping
them have better information, make decisions, and I know given, uh, a lot of
things that were said tonight, and things you've been working on tonight, you like
to...you like to have data to drive your decisions. As I said earlier, I feel in this
particular case the data isn't helping you here. It's the anecdotal information that
seems to be driving the decision. I think we would all feel better, uh, if this
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decision was based on fact rather than, uh, observation. So with that, again, I...I
ask, I, like everyone else, I would love for you to change your minds and vote
against, uh, this particular ordinance so that we don't need a third reading, but if,
you know, if... if you feel the need to have more people come visit you, I suppose
we could do that! So, thanks so much!
Hayek: Thank you, Garry. Council?
Dickens: I could recuse myself, but I...I have a real hard time doing that. I...I'm
downtown all the time. Some of you people come downtown occasionally. I'm
there 330 days a year. I do get some Sundays off, um...I was, uh, I was...had an
aggressive panhandler just come up to me last week. I was heading down to pick
up my packet a week ago Thursday, and he would not back off. And finally I
said, I'm on my way to the City Hall, if you want to follow me down, you're more
than welcome. So there is still some aggressive panhandling going on. Um, I see
it all the time. I will recuse myself from voting on this, but I will not remain
silent on it, because I live and breathe it every day and our customers, and non-
customers, people that are just downtown, will come in our store to get away from
some people, because they are still very aggressive. I would say overall it's
gotten a lot better. And I think it has, and those people sitting down, I know most
of those people. 1 say `hi' to them every day. I don't have a problem with those.
It's still the aggressive, and they're not...they're not giving up. And, that's the
only reason...I will not vote on this, but I will not remain silent.
Dilkes: Let me just say one thing with respect to...to this, um...if I had thought that Mr.
Dickens had a legally compelled conflict of interest I would have advised him as
much. Um, I...I don't. Um, clearly the decision to recuse himself though is his.
Wright: Terry, if I could just...step in. The aggressive panhandling already is illegal, um,
what we're talking about here is further restrictions, and that's where I really start
having a big problem with this ordinance. Um, for a bunch of reasons, uh, and I'll
probably rehash to a certain extent what I've said before, but we're focusing first
of all a group of people that's essentially powerless. Uh, they have no economic
clout of this community. They're down on the street asking for money. That's
really not a fun way to make a living. I've talked with some of these folks. I
know what kind of abuse they take. Uh, and the aggressive incident you spoke
about is already illegal under our existing ordinance. Um, furthermore, I feel this
is just a, yet one more whack against First Amendment rights to free speech.
Panhandling is protected speech in the United States. Uh, I think
the...unfortunate thing that we're facing here...is that very frequently
panhandlers are not well dressed. They don't have good haircuts. They're coats
are dirty. They make us feel uncomfortable, and I think that's what we're really
talking about here. It's not a matter of safety downtown from the panhandlers.
Uh, I...I said it the last time and I...I still agree with it this time, I find the...I'm
sure the intentions behind this ordinance were good, but I think its overall affect is
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still mean-spirited and small-minded and the Council should be embarrassed that
we're even talking about it.
Hayek: I, um...I have legal training. I take First Amendment issues very seriously, um,
our City Attorney's office, which has...approved this, um, ordinance, uh, takes
First Amendment issues very seriously, as well. In my estimation, um, this is
both constitutional and reasonable. It allows solicitation to continue, uh, in the
downtown area. Um, I am...I'm not interested in exceptions. I think that is a
slippery slope. We cannot say that certain people can be within an area and
others, uh, cannot as it relates to this ordinance. And that will impact toward the
non-profits. Um, you will still be able to solicit, uh, in the designated areas within
the entire city plaza, um, so based on that, I will continue to support this. But I...I
appreciate the views of those who feel very strongly about this, and uh, I'm glad
you showed up tonight, and I'm glad that the City Council will, uh, follow its
tradition of...of making sure we have ample opportunity for public input on a
very important issue.
Wilburn: The only piece that I would, uh, add, or highlight, is that um, as you had said, Mr.
Mayor, it still allows, um, panhandling in that strip within the middle of the ped
mall, so, but there is some reduction, um, and that piece that I added last time was
that...aspect that we have in terms of balancing, um, balancing rights, and that's
between, um, the businesses and the individuals that have come forward, uh, with
concerns, um, about aggressive panhandling to help try and provide some type of
(mumbled) in terms of ease...um, ease of clarifying where...where it cannot
occur in the pedestrian mall. Um, that's the only piece that I would add.
Hayek: No further discussion?
Bailey: Well, the commons requires a balancing act and we're fortunate that we still have
a commons in downtown Iowa City. Many cities have turned their pedestrian
plazas or the city plaza that is legally and technically called, they've turned them
back into vehicular traffic. I was just reading today about, I think it was
Sacramento, has gone back to vehicular traffic in their pedestrian plaza. Um, and
what I'm seeing in our downtown, which concerns me, um, because I love our
downtown, is a fragile economic environment right now. We are fortunate to
have so many local businesses down there, and that balancing act between people
who want customers coming in their business and feeling comfortable...I always
feel comfortable downtown. I've never been downtown where I haven't felt
comfortable, but I also have, you know, parents in town who don't feel
comfortable coming downtown, and I understand their perspective. Some of it is,
oh, people don't look like us and they look a little different, and I get that, and I
can, you know, say Mom, come on, but I don't want them to feel unsafe, and I
understand that important balancing act with this. There's still an area that's
designated. It's still balancing rights, and it's balancing issues. I'm glad to hear
from everybody tonight who's concerned about our community, because that's
what it takes to build community, and I know that many of you think I'm wrong,
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but I am going to continue to support this, in support of our wonderful locally
owned businesses downtown in this very challenging and difficult economic time.
Wilburn: And there is the education...I forgot there is the education component related to
this, involving the parking meters, which I think everyone does support, and those
resources will go to some of the, uh, non-profits that are working with, uh,
providing support for some individuals, and uh, and I do agree with (mumbled) no
exceptions.
Hayek: Anything further? Roll call, please. Item passes 4-1, Dickens abstaining.
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ITEM 19. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED
"PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE
FREE PLACES," TO PROHIBIT SMOKING THROUGHOUT CITY
PLAZA AND NEAR SIDEWALK CAFES AND TO MAKE THE
SMOKING PROHIBITION AT THE FARMERS MARKET CONSISTENT
WITH THE EXPANSION IN HOURS AND LOCATION. (SECOND
CONSIDERATION)
Hayek: This is second consideration, uh, staff has recommended expedited action.
Wilburn: And this one I will move that the rule requiring that ordinances must be, uh,
considered and voted on for passage at two Council meetings, prior to the meeting
at which it is to be, uh, passed be suspended, that second consideration and vote
be waived, and the ordinance be voted on for final passage at this time.
Mims: Second.
Hayek: Moved by Wilburn, seconded by Mims to collapse. Uh, discussion?
Wilburn: And the reason I'm willing, uh, in this situation, uh, the smoking debate has been,
uh, ever present in this community since before the State passage, um, and our
local effort, and this is a situation where, uh, the downtown merchants did come
forward to, uh, to proactively ask for this, so that's why I'm willing, and...but
not, it's a debate that we've had so it's...there's nothing new with this one.
Bailey: I'm a little uncomfortable collapsing, so I'm not going to support that.
Wilburn: Okay, all right. Then that...(several talking) then I will move second
consideration.
Karr: I'm sorry, was that withdrawn then? I...I didn't hear.
Wilburn: Well, we don't have the votes so...so it's withdrawn, and I moved second
consideration.
Wright: Second.
Hayek: Second consideration moved by Wilburn, seconded by Wright. Discussion?
Wilburn: Sorry about that!
Hayek: Roll call, please. Item passes 6-0.
Karr: Mr. Mayor, I'm sorry, could we have a motion to accept correspondence with
item 18, please.
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Wilburn: So moved.
Mims: Second.
Hayek: Moved by Wilburn, seconded by Mims to accept correspondence relating to item
18.
Karr: Thank you.
Hayek: Discussion? All those in favor say aye. Opposed say nay. Motion carries.
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ITEM 26. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH
SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND
LIMITED SALE, CONSUMPTION AND POSSESSION OF BEER
DURING ARTS FEST AND JAZZ FEST WITHIN A SPECIFIED AREA
ON A CITY STREET.
Wright: Move adoption.
Mims: Second.
Hayek: Moved by Wright, seconded by Mims. Discussion?
Bailey: I did have some questions, and I saw them here earlier, but...the late hour.
Hayek: Any further discussion (mumbled) Council?
Bailey: Just to have a question generally, and perhaps you know, and perhaps you do not,
but who will be serving? They will have...
Karr: They have volunteers who have been trained in TIPS training.
Bailey: Okay, that's...
Karr: And, the serving is done with purchase of tickets, and the tickets are redeemed at
the counter, so it isn't to the table service.
Bailey: Okay. That's really (mumbled) Well, yeah, for these people. (laughter)
Hayek: Roll call, please. Item passes 6-0.
Karr: Motion to accept correspondence.
Wilburn: So moved.
Wright: Second.
Hayek: Moved by Wilburn, seconded by Wright. Discussion? All those in favor say aye.
Opposed say nay. Motion carries.
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ITEM 27. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2010
MUSCATINE AVENUE WATER MAIN REPLACEMENT PROJECT.
Hayek: The engineer's estimate on this was $525,000. Public Works and Engineering
recommends awarding this contract to Carter and Associates of Iowa City, Iowa,
who came in at $304,000 and change. This project will be funded with water
revenues.
Wilburn: Move adoption of the resolution.
Wright: Second.
Hayek: Moved by Wilburn, seconded by Wright. Discussion?
Wright: You gotta love these bids!
Hayek: No kidding! Roll call, please. Item passes 6-0.
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ITEM 33. CITY COUNCIL INFORMATION.
Hayek: (mumbled)
Wright: I just wanted to remind folks that the...this weekend is the Historic Preservations'
tour of historic homes, starting out on the Woodlawn, uh, Avenue section of Iowa
City, down at the end of Iowa Avenue. Also homes on Evans Street and east
Market Street. This will be on Sunday starting at I believe 1:00 in the afternoon
through 4:00, uh, it's a fun event, and uh, just show up at one of the houses and
you'll get your information, and cost if $5.00 per person.
Hayek: Thank you. Ross?
Wilburn: So are you racing the, uh, bike, or the car and the bus or...
Hayek: We need to discuss! We need to discuss (laughter) do we want to win?
Wilburn: I've already been there, done that, so...
Dickens: I thought I saw Michael's name written there.
Wright: I was asked to drive the car! (laughter)
Bailey: Do you drive a car?
Dickens: I've never seen you drive a car!
Wright: It does happen. Susan saw me drive one tonight.
Mims: I saw you drive in tonight.
Hayek: We have some eyewitnesses! (laughter)
Wilburn: Just once again, uh, please get out and support bike to work week.
Bailey: Um, I want to thank everybody who, uh, was working on the 319 Festival in
Wetherby Park. The weather was terrible, but the turnout was pretty good
considering the weather, and um, the music was great, so thanks for all your work,
and I look forward to it being an annual event.
Dickens: Nothing.
Hayek: Nothing for me either.
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of May 10, 2010.