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ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Weber
Elementary
Hayek: Would the students from Weber Elementary please step forward. Hi, guys! I'm
Matt Hayek, the Mayor, and this is the City Council standing behind you and uh,
tonight is a very special night for us because we get to recognize our student
leaders, and what are you guys, the Dolphins? Is that right? All right! Well, uh,
the way this works is that we'll hear from each of you and you'll tell us a little bit
about yourselves, and then I'm going to read an award for you. So we can start
with you, young man!
Hanson: Hi, my name is...no! Hi, my name is Kevin Hanson and I would just like to
thank the City Councils and my teachers for honoring the students in our
community for...with the award. In school I'm involved in band, orchestra,
football, conflict managers, safety patrol, and...and school store. I also enjoy
being in Boy Scouts. (mumbled, several talking) Uh...I also enjoy being in Boy
Scout Troop 211. My class has a buddy class of younger students and I enjoy
being with all my friends of all ages at Weber. I use the core virtues of honesty
and responsibility in my role as conflict manager captain. Thank you, and I... and
I appreciate this award. (applause)
Tauchen: I'm Ali Tauchen from Weber Elementary and my main service is as safety patrol
captain. During the day I do conflict managers and media helpers too. Being the
safety patrol captain I need to get to school at about 8:15 to make sure everyone is
on their patrol and is at their assigned post. Some other things I do is putting up
the flag and taking it down; taking team 1 kids to the busses; and making sure that
kids are safe. Being a conflict manager I leave class to help team 2 kids solve
their problems at recess. For example, if they can't make fair teams or if they are
arguing, I can help them learn the core virtue of respect. As a media helper I stay
in for recess and help the librarian and assistant librarian organize the library.
Other activities I'm involved in are orchestra, Girl Scouts, softball, basketball,
soccer, and volleyball. The reason I do these things is because I feel that it makes
me awell-rounded person. I believe that we should have a clean and safe place to
be, and the teachers do so much for us, and I think that we should give back to
them. (applause)
Guymon: My name is Kaylee Guymon and I attend Weber Elementary. There are many
things I help with at my school. I'm a captain for safety patrol cause I think it's
important to keep kids safe. I work at the school store which helps the school
earn money for supplies, and it helps with math skills. As a media helper I keep
the library clean and organized. I also enjoy playing soccer, attending my youth
group at church, babysitting, and playing piano. Thank you for giving me the
Outstanding Student Citizen Award. (applause)
Hayek: Well thanks to the three of you, and you know one of the reasons we...we invite,
uh, students to come to our meetings and get these awards is to recognize what
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City Council meeting of October 11, 2010.
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you do for your community. It's not only your neighborhoods and your schools,
but really the community at large. Scouting and... and safety patrol and all of
these things are...are really important and...and we want to recognize that, and
we also want to recognize your parents and teachers, some of whom are...are in
the audience today, um, and recognize your school's....your school generally.
Thank you so much for your work and...and I'm going to read you an award. We
have the same one for each of you, but each has...has your individual names. It's
called a Citizenship Award. It says for his or her outstanding qualities of
leadership within Weber Elementary, as well as the community, and for his or her
sense of responsibility and helpfulness to others, we recognize you as an
Outstanding Student Citizen. Your community is proud of you. Presented by the
Iowa City City Council, October 2010.
Champion: That's great! (applause)
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ITEM 3. PROCLAMATIONS.
a) International Day for Disaster Reduction -October 13, 2010
Hayek: (noise on mic) Item 4 is consider adoption of...
Karr: Mr. Mayor, do you want to do proclamations?
Hayek: Oh, you're right! We have two to read. I am jumping ahead of myself!
(laughter) First proclamation is for, uh, International Day for Disaster Reduction.
(reads proclamation)
Karr: Here to accept the proclamation is Luke Juran. (applause)
Juran: Thank you, Mayor. Um...disasters, uh, are a pressing reality and no city...on any
far reaches of the globe is immune to the effects of natural disasters. Um, one
way of recognizing that fact is to mark the international day for disaster reduction,
which has been done by the City of Iowa City, and I thank them for doing so.
Thanks.
Hayek: Thank you!
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ITEM 3. PROCLAMATIONS.
b) Founder's Day -October 26, 2010
Hayek: We have another proclamation, uh, regarding Toastmasters. (reads proclamation)
Karr: Here to accept the proclamation is Betty Dizard. (applause)
Dizard: To his Honor the Mayor, Council Members, and visitors, we the Toastmasters of
Iowa City and Coralville really do appreciate your time in making this
proclamation possible. We have been working hard since 1924 to develop speech
and comm....communication skills. You can't tell it by me here tonight
(laughter) communication skills for all walks of life and to enhance our ability to
make people laugh and always be ready for a story to tell. So thank you so much
for your time! We really do appreciate it. On behalf of Area 36 as their
Governor, thank you so much.
Hayek: Thank you. (applause)
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ITEM 6. PLANNING AND ZONING MATTERS.
c) AMENDING TITLE 14, CHAPTER 5, ARTICLE J. FLOODPLAIN
MANAGEMENT STANDARDS TO REGULATE THE 100 AND 500
YEAR FLOODPLAIN AND ASSOCIATED CHANGED TO 14-9F
FLOOD PLAIN MANAGEMENT DEFINITIONS, 14-4B-2
VARIANCES AND 14-8B-5 FLOOD PLAIN DEVELOPMENT
PERMIT.
1. PUBLIC HEARING
Hayek: This is a public hearing. (bangs gavel) Public hearing is open.
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. Uh, the first
item, uh, that you're going to have a presentation on this evening under Planning
and Zoning items is, uh, suggested amendments to the flood plain management
ordinance. Uh, based on what we learned in both the 93 and 08 floods, uh, staff
has given a lot of consideration to suggesting amendments to our flood plain
management ordinance. Um, those, uh...that...that discussion has been as I say
debated significantly at staff. There's also been a lot of discussion at the Planning
and Zoning Commission. If you had a chance to read those minutes, uh, there
was two meetings where there was substantial discussion at the Planning and
Zoning, uh, Commission. We do have some recommendations to, uh, give to you
this evening, and Julie Tallman, the Development Regulation Specialist for the
City, City's expert basically, is going to give those to you. Um, there has been
fairly good coverage of this in the media, and we did have some public, uh,
comment made at the Planning and Zoning Commission and again, uh, Julie can
cover that for you. Uh, but with that, Julie, would you like to, uh, take over here?
Tallman: Thank you, Jeff. Um, I have a presentation prepared if there's (mumbled). Okay.
Could somebody help me find the right...drive. Is it...
Wilburn: Think you need to go into the my computer drive first.
Tallman: There we are! Okay. Thank you. (laughter)
Hayek: Thank you, Mr. Wilburn!
Tallman: All right, um...there are four objectives in these suggested amendments. One is
to broaden the regulations so that both flood plains are, uh, subject to certain
protections and minimum standards. Uh, and we' 11 get into the reasons for that
and...and how we're going to do that as I progress. Um, another thing that we
discovered during our meetings is that there's currently no provision for a
variance from flood plain regulations. The Board of Adjustment is entrusted with
finding that the situation is particular to the property in question and not shared by
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others in the same area, and that's a test that's impossible to meet for properties in
the flood plain. Uh, we also identified some uses that are simply not appropriate
in a flood plain, not only because the populations are more vulnerable, but
because, uh, risk is increased to emergency responders, if they have to evacuate
those types of uses. And then finally, um, reserving open land in the flood hazard
area is a key objective of any flood plain management standards because the best
use of land...the best use of land between a floodway and development is open
area so that the water can be conveyed and minimize damage to existing, uh,
existing structures. As we know, um, the flood events of 1993 and 2008 caused
huge damages. I've got some figures here from a report that was prepared shortly
after the 2008 flood. $34 million to construct levees in Parkview Terrace and
Idyllwild, and I know not all of these were, um, obviously funded, but it's just an
idea of the scope of damages that occurred. Uh, $40 million to relocate the north
wa...waste water treatment plan. $3 million to elevate Foster Road. $1 million to
elevate Normandy Drive, and Manor. $5 million to elevate the Park Road bridge.
Uh, $2.4 million to acquire land to get developed, or developable areas, out of a
flood hazard area. $650,000 to put in new storm sewer backflow devices in
several neighborhoods. And the other thing that we discovered, in those 15 years
when we had two huge flood disasters, that the perception that a 100 year flood
only occurs once every hundred years, and a 500 year flood only occurs once
every 500 years is inaccurate. And the challenge isn't so much how to properly
permit future development in flood plains, but also how we protect our existing
investments, pardon me (noise on mic) in flood hazard areas. So how do we do
that? Well, for new structures we, and for flood protection systems, waste water,
and water distribution, uh, we will, if these...if these amendments, uh, are
accepted, um, these types of new development will be required to be constructed
so that they're elevated not one foot above the 100 year flood, but one foot above
the predicted 500 year or 2/lOths of a percent flood. And we've got to stop using
descriptions that lead to a false sense of security. One hundred year and 500
hundred year are misleading terms. 1% and 2/10th of a percent are too abstract.
They are both flood hazard areas. Existing commercial structures have an option
of either elevating, or using flood resistant materials. We saw that with the Wig
and Pen after the 2008 flood. They, um, used materials like pressure-treated
lumber, water resistant glues, metal doors and window frames, waterproof mortar,
and concrete block. So, it's not quite as difficult to, um, although it's certainly
expensive, but whenever a commercial use in a flood plain wants to invest
significantly in an improvement, or apost-damage reconstruction, um, it is
possible and they have a few more options than residential structures do. With
residential structures...there's not an option for flood proofing. Residential
structures the lowest floor needs to be elevated to one foot above whatever the
flood hazard elevation is, that we're regulating to. Um, but there's flexibility in
those standards. Attached garages, for instance, are exempt from the elevation
standard because you can mount utilities in a garage so that they're above the
flood hazard elevation. You can incorporate openings within a foot of the
finished grade of a garage, so that waters are allowed to enter and exit, and you
don't have collapsed walls. You can have improved space above the garage, uh,
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the garage floor itself is exempt. Again, if significant investment is proposed in a
residential structure, however, um, and it isn't merely a garage, we do...want to
put some caps on how much money is invested in the structure that's subject to
flood loss. I, looked at 200, almost 300 flood plain permits that were issued
between 2000 and 2008 and I found 20 cases that met one of the two parameters
that are described up there. The improvements equaled or exceeded 50% of the
home's assessed value, or it was an increase of 25% over the original floor area.
Fourteen of those 20 were for post-flood damages. So six, or 2%, of the 288
permits that were issued faced the possibility of either having to scale back a
project or elevate a lowest floor, an existing lowest floor that was not compliant.
So it doesn't come up a lot.
Hayek: Did you say 2%?
Tallman: I said six out of 288, or 2%. As I mentioned before, variances are not currently
permitted for properties when the circumstances making it difficult to comply is
shared by a broad area. Currently a variance can only be granted if a condition
exists that's particular to the property in question. So Iowa City's variance
language effectively prohibits any variance for a structure in the flood plain. With
the proposed revisions, we gave a great deal of time to discuss the fact that
structures in historic district might face difficulty getting full compliance with the
new standard. And this is true in College Hill, the Dearborn Street, and the
Longfellow district. So, we also incorporated specific language that will allow
historic properties in the flood plain to be eligible for a variance when full
compliance with those standards diminishes the historic characteristics of the
structure. We've also added language for what we call critical facilities. This is
the north wastewater treatment plant. Water treatment and sewage treatment
facilities are by necessity located in low areas and flood plains. They can be flood
proof so they remain functioning during a flood, even if they're only accessible by
a boat, but other facilities have to remain accessible during a flood event. And
they shouldn't be located in a flood plain. Class 1 critical facilities as we've
defined them includes police and fire stations, emergency medical centers,
communication centers, hospitals, jails, nursing homes and other residential uses
for persons with limited mobility or dependency upon life-sustaining medical
equipment. The proposed language acknowledges the role that emergency
responders play during a flood, not just these vulnerable populations. So keeping
hospitals, jails, long-term rehabilitation facilities, and similar uses out of the flood
plain lowers the risk to emergency responders. Our understanding of flood
boundaries is not complete. Homes that were built to be compliant with the
standards that were in effect between 1985 and 1993 suddenly became non-
compliant in 2005 when a new map came out showing that the Iowa River flood
elevation was actually one foot than it had been...previously been predicted to be.
As technology changes over time, as land use change over time, there are
continuing possibilities that flood heights will be proven to be higher than they
are currently predicted. Open land is the optimal...optimal buffer between
development and floodwaters. This is a partial map of the flood hazard areas in
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Iowa City. The orange shaded areas represent the 1 % flood plain. The green
represent the 2/1 Oths or the 500-year flood plain. You can see that a lot of the
area in here is in the Thornberry Off-Leash Dog Park. We have City Park along
here, so much of the expanded area is already open. Some of it, of course down
in here, near Gilbert Court and Highland Court are not, uh, excuse me, Stevens
Drive, are developed areas and would...certainly the existing structures would be
subject to the new regulations. Um, the extent of change between the two flood
plains varies a great deal. Uh, around the Iowa River there's a... a four-foot
height increase between the two flood zones. Along Willow Creek, it's inches.
Along Ralston Creek, it can be as much as a foot, as much as a foot, and when
you get closer to its confluence with the Iowa River, it increases as well to several
feet. The Department of Natural Resources has to approve our flood plain
management ordinance and their approval is pending. Some of the language that
they've inserted into our ordinance is present in other chapters in the zoning
ordinance, so we just need to reassure them that some of the language that they
require is in there. It's just someplace else, and we're um...in the process of...of
forming that response to IDNR's review. Once, uh, those cross-references are
compiled and submitted, we should have a statement from their flood plain
management division that our ordinance is formally approved. Um, and with their
approval, if you decide to approve these changes as well, uh, we can move
forward. Thank you, and I'll take questions.
Hayek: Thanks, Julie. Any questions?
Mims: I just wanted to say thank you to all the work that staff and P&Z did on this. As I
was reading the minutes over the summer with the meetings it was obvious that
there was a lot of time and a lot of discussion and concern about how things were
implemented and the impact on people already in the zone, in the flood zones,
um, and yet with the eye towards diminishing any future problems, and so I really
appreciate the time that everybody, and deep thought that people put into it. I
think you came up with a good end product.
Wright: One question I had. On the, uh, oh, the variances for residential structures, you
cite an example State Farm Insurance, uh...typically will, uh, oh wonder
(mumbled) automatic coverage built into homeowners' policies for building
ordinances and the law. Is that common with all insurance companies?
Tallman: I don't know if it's common, and um, I called the, uh, insurance office for the
State of Iowa to find out if that was a required rider, if you will, in any policies
that are issued in the state of Iowa. It is not. So while State Farm has it, other
carriers may not.
Wright: That was one concern that I had, that people could, through no fault of their own
really take a hit.
Tallman: Certainly!
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Wright: For example, if their house was damaged in a storm or they had a fire.
Dilkes: I don't think Julie specifically said, but we...we have to get IDNR approval
before, um, we can adopt this. We could move forward with first consideration,
um, but if they make changes we're going to have to start over anyway, so I
would suggest that we just continue the public hearing and the, um, first
consideration until the 26th
Hayek: Should...if anyone else is here on the public hearing, should they address us
tonight, just to (mumbled). Thank you, Julie. Is anyone in the audience here to
address the Council on this item? Okay. Thanks. We need a motion to, uh.. .
Mims: Move to continue the public hearing to the 26th
Champion: Second.
Hayek: Moved by Mims, seconded by Champion. Discussion? All those in favor say
aye. Opposed sa~ nay. Public hearing, uh, and first consideration are continued
until October 26t .
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ITEM 6.
PLANNING AND ZONING MATTERS.
d)
1. PUBLIC HEARING
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 INTERSTATE 80. (REZ10-00004)
Hayek: This is a public hearing. (bangs gavel) Public hearing is open. And has anyone
had ex-parte communication they need to disclose? (several responding) Jeffrey?
Davidson: Thank you, Mr. Mayor, uh, Jerry'll be down in a second to bring up, uh, a couple
of slides I have to show you. Uh, this item, uh, should have some familiarity, uh,
for you. You'll recall in May, uh, you received a sensitive areas, uh, development
plan that the Planning and Zoning Commission had approved, based on the
information that we had at that time, and we had indicated to you at that time that
the sensitive areas' development plan that was under consideration, uh, was one
that, uh, had not had the final delineation of wetlands on the property. Uh, it was
because of the time of year. There's only certain times of the year where you can
delineate wetlands. Um, and that process had not been completed, prior to your
consideration then of that, uh, development agreement. Thank you, Jerry.
Uh...prior to your consideration of that development agreement, um...yeah...we,
uh, did receive additional information that other wetlands had been found on the
property. So we basically pulled the sensitive areas' development agreement that
you were going to consider, and the developer asked to revise that, and what you
have this evening is the revised, uh, sensitive areas' development agreement.
Um... as I mentioned, there were additional wetlands located. The original, uh,
delineation did locate this wetland right here, and just to...can you, let's see, I
think I've got...oops. Well, that orients you on the site, basically the...the next
picture I'm going to show you is...is this is the location, uh, we have Highway 1
here, Interstate 80 here, the interchange with Dodge Street right here. Um, this is
then that site that we just saw. This brown, these two brown lines, okay, delineate
the, um, the stream corridor for Rapid Creek, and within that we knew that this
wetland existed. This was in the prior sensitive areas' development plan that you
saw, and it's identified as national wetland, inventory wetland. That's the source
that we used to...to determine it. It has been field verified since then. Uh, but
that was the only one at the time that we thought, and this one, the location of
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Oakdale Boulevard, which you see up here, had been located very deliberately to
miss that...that wetland; however, we did...we did find in the subsequent
delineation that there were two other wetlands. One located right here, and you
can see Moss Place, the loop street, and you can just barely see it underneath there
is right here, uh, right smack in the way of wetland "D" there, and then wetland
"B" up here, uh, not located quite so badly to...to where Oakdale Boulevard has
been, uh, proposed to go, but those were the...the features then that we had to
address, uh, in the subsequent, uh, sensitive areas' development plan, which you
have under consideration, uh, tonight. What we've been able to, what the
developer has been able to work out, and the Corps of Engineers is currently
reviewing, is that we're going to do everything we can to preserve these existing
wetlands. The one that was originally identified, and you can see the yellow is
the actual wetland, and then this shaded areas is the buffer around the wetland,
and you can see that for wetland "B" the...the wetland is being avoided
completely by all development work, including construction of the road. Now,
we...we are going to get in slightly to the buffer as you can see here when
Oakdale Boulevard is constructed. That is allowable under state and federal law,
and there's...there's certain technique that will have to be followed...that will be
part of a permit that the developer receives, uh, regarding the preservation, uh, of
this wetland. Now, wetland "D" what we've been able to work out, uh, is that it
is going to be eliminated and then a new wetland created, uh, in this area. In fact,
you can see this is outlot "C" up here, right...right there is the delineation of the
new wetland, uh, called wetland mitigation site here, which will replace, um...uh,
wetland "D." Basically it'll be...be compensated is...is what's referred to. Now,
for a wetland of this, uh....uh, character, a 3-to-1 mitigation is required for, uh,
every acre that, uh, you were to eliminate you have to create at least three acres.
Uh, the developer is going to provide a 25-to-l, uh, mitigation so substantially
more than is required by, uh, the Corps of Engineers. Um... so that's pretty much
the summary in terms of what is now proposed under the new sensitive areas'
development plan, and what we'll have you have, uh, in addition to any other
comments that are received during the public hearing this evening, uh, you will
have first consideration of the rezoning, uh, we'll then have the subsequent
considerations, second and third readings of the zonings at, uh, subsequent
meetings, and then the preliminary plat. We will require the, uh, final sign-off by
the Corps of Engineers before we can approve the preliminary plat, or excuse me,
the final plat, which will allow development work to actually, uh, commence out
here. So, do you have any questions about the new sensitive areas' development
plan that's under consideration this evening? And the developer's representative
is here as well if you have any questions for Wally. Thank you.
Hayek: Anyone else in the public hearing? You don't need to, Wally, but you're certainly
welcome to (mumbled) (laughter) Okay.
Karr: Motion to accept correspondence.
Champion: So moved.
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Page 12
Mims: Second.
Hayek: Moved by Champion, seconded by Mims. Discussion? All those in favor say
aye. Opposed say nay. Item's accepted. Okay, I'm going to close the public
hearing then. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Mims: Move first consideration.
Dickens: Second.
Hayek: Moved by Mims, seconded by Dickens. Discussion? Roll call, please. Item
passes 7-0.
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ITEM 6. PLANNING AND ZONING MATTERS.
e) REZONING 175-ACRES OF LAND LOCATED ON 420TH STREET
WEST OF TAFT AVENUE FROM GENERAL INDUSTRIAL (I1) AND
INTERIM DEVELOPMENT-INDUSTRIAL (ID-I) TO PLANNED
DEVELOPMENT OVERLAY-GENERAL INDUSTRIAL (OPD-I1).
(REZ10-00007/SUB 10-00004)
1. PUBLIC HEARING
Hayek: This is a public hearing. (bangs gavel) Public hearing is open.
Davidson: Uh, the applicant for this item is...is us! This is our project. Uh, this is the City's
expansion of the industrial area. You'll recall that a while ago now we purchased
the Bonnie Pribble, former Bonnie Pribble estate property and are in the process
of developing it into...developing the 173 acres into, um, a...an industrial park,
which will continue the growth of industrial property in southeast Iowa City.
Here's a location map, uh, to orient you. Uh, here is Scott Boulevard, uh, the
existing Scott Six industrial area, uh, U.S. Highway 6, 420`h Street, and then the
shaded area is the property, and then of course very important attribute is the Iowa
Interstate Railroad, uh, running through the property. Um, there are...in terms of
the plat. The plat is the next step in terms of, uh, subdivision of this property into
lots, which then can be purchased and developed, uh, for industrial uses, and that
is...that is what the purpose of the plat. What's under consideration, uh, this
evening is the preliminary plat, but prior to that, uh, a rezoning process. Now
you'll recall there's existing zoning on this, uh, property, and that basically we
had set up I1 zoning for the area, south of the inter...the Iowa Interstate Railroad,
doing it in phases essentially, just like any developer would, and then the area to
the north up here reserved for future development with an ID zoning, Interim
Development zoning. What's required is because of the City's sensitive
area... sensitive areas' ordinance, uh, and specifically the location on this property
of, uh, some wetlands, as well as a blue-line stream, uh, we are required to go
through a sensitive areas' rezoning. So that's...that's the action that you're being
asked to consider, uh, tonight, in addition to the preliminary plat. Um, and that's
the reason that the sensitive areas' development plan is required. So basically the
sensitive areas' development plan will replace the zoning as one way to look at it,
and...and require that this property is developed, in accordance with the sensitive
areas' ordinance. Um, in terms of compliance with the comprehensive plan, the
property is contiguous with, uh, existing industrial land. It's a good, uh, route to
Interstate 80 and Highway 6, and as I said most importantly does have rail access.
Those are all things that for this to be industrial property are required. Uh, it is
consistent with City Council's policy to encourage, uh, diversification and
expansion of the industrial tax base in Iowa City, uh, and then of course the OPD,
uh, rezoning that I mentioned will allow it to be developed, uh, consistent with the
sensitive areas' ordinance of the City. So we do feel like all those provisions
make it consistent with the comprehensive plan. In terms of the environment
...environmentally sensitive areas, there are a small amount, about seven acres of
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Page 14
jurisdictional wetland as well as a stream corridor on the property, and I guess
we're just going to be working with the plat, uh, this evening. Uh, the...if you
were to go out to this property and look at it, neither the stream or the wetlands
are obvious. In fact, we had to have a delineation done before we even knew
where they were. I mean, this entire property has been farmed. It's been tilled.
Uh, the wetlands that exist are very low quality, uh, and the stream corridor,
you'll recall not too long ago we changed the definition of a stream corridor. A
regulated stream corridor, and this does not meet the definition, uh, and that, uh,
assessment was done by, um, environmental experts, not by the City, but by
people who know how to assess these things. The stream does not have a bed and
bank. You'll remember that was the...the...qualifying, uh, features really that
were required. Uh, and so it is not going to be regulated under the sensitive areas'
ordinance, after that assessment has been done; however, the wetlands, uh, will
be. Uh, as I mentioned, we have slightly over seven acres, uh, they are a poor
quality and what we have worked out is that this area right here, okay, will be an
area of about, um... slightly less than seven acres will be, uh, enhanced, the low
quality wetland enhanced to the degree that we can, and there will be not quite
two acres added to it, as well. So, uh, we're required to replace anything that we
eliminate, uh, on a 1-to-1 basis, so we're exceeding what's required by the Corps
of Engineers in this, uh, mitigation plan that you're being asked to consider, as
part of the sensitive areas', uh, rezoning. Uh, the mitigation plan will need to be,
uh, approved by the Corps. The Corps is reviewing it. It's not done yet. Uh,
the...the staff report that you received, which was actually to the Planning and
Zoning Commission does refer, uh, to the mitigation plan not being complete. It
is complete now. The Corps of Engineers are reviewing it. Uh, in terms of
traffic, uh, we've got 420th Street here. We will have two new streets constructed
as part of the infrastructure. Uh, this is, uh, Compass Drive, uh, and this is Bull
Rush Street. I'm told those are prairie plants, um, that's how their names were
derived, and then 420th Street will provide access to the property. Uh, rail access
of course, uh, from the Iowa Interstate Railroad - we have worked out an
infrastructure plan with the railroad, uh, there'll be citings on both sides of the
railroad allowing every lot to have rail access, uh, if... if needed. What we found
in working with, uh, industrial development prospects is that even if they're not
using rail currently they want to have access to it, and so every lot in this
subdivision will have, uh, access to it. Uh, in terms of, oh, and then one other
thin, uh, this...this, uh, street here, Compass Drive, will also provide access from
4201 Street, which is in the process of being reconstructed, to additional private
property up in this area, um, owned...owned by private developers that will
provide access to that, as well. Um, in terms of storm water management, uh,
the...the wetland area, the environmental feature being created, uh, will assist
with storm water, uh, management on the property, but there will be individual
storm water management required on every lot. These will be very large lots, as
you might imagine for an industrial development, and uh, each individual lot will
be required to provide storm water management. Um...I believe that's
everything. Our recommendation, um...oh, our recommendation, uh, was subject
to a wetland mitigation plan, uh, corresponding with the preliminary plat. As I
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Page 15
mentioned, that wetland mitigation plan is completed, so that's all in line. Our
recommendation is for approval of first consideration, uh, or of the sensitive
areas' rezoning and first consideration. Any questions for me?
Dickens: Will the eastern edge where Taft is now, improvements made on that? That's in
the future...
Davidson: There are no...there are no, yeah, that'll be a future capital project, Terry. We
have already received this property right here, which is in private ownership, has
come in for annexation already. We anticipate the remainder of this private
property will also come in. We are presently reconstructing 420t" Street to right
there, basically because that's what the State will give us money for, uh, to do.
This remaining portion of 420`h and then Taft Avenue, as well as Taft Avenue
possibly down to Highway 6, uh, will be a subsequent project after the area starts
to build out. Any other questions for me?
Wright: Long term I'm just curious about the railroad crossing on Scott Boulevard. Is
there anticipation that some day that may have to be raised? (mumbled)
Davidson: Um...there...there's...there's nothing planned right now to separate the grade
with the street there currently. Um, undoubtedly, Michael, that's going to be
something that gets consideration in the future, just like the First Avenue crossing
is getting now. Certainly there's not the issues with the Fire Station and a junior
high and the sorts of things we have at First Avenue that are driving that grade
separation project. But inevitably as the city grows out into this area, and as
traffic increases on the railroad, we're hoping to attract Amtrak service and
everything else, that'll undoubtedly come up for consideration. Nothing planned
now.
Wright: Thank you.
Davidson: Anything else? Thank you.
Hayek: Eleanor, do you need an ex-parte on this when the City's the applicant? (laughter
and several talking)
Dilkes: Uh, yeah...let's do it.
Hayek: Okay. Anybody? (several talking) Sounds good! Anyone else on this public
hearing on this item tonight? Okay. I'll close the public hearing at this time.
(bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Bailey: Move first consideration.
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Wilburn: Second.
Hayek: Moved by Bailey, seconded by Wilburn. Discussion? Roll call, please. Item
passes 7-0.
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ITEM 6. PLANNING AND ZONING MATTERS.
f) VACATING A PORTION OF JJR DAVID ADDITION AND
CONVEYING THE VACATED CITY VIEW DRIVE TO DEALER
PROPERTIES IC, LLC.
1. PUBLIC HEARING
Hayek: This is a public hearing. (bangs gavel) Public hearing is open.
Davidson: I'm going to, if you don't mind, Mr. Mayor, just skip ahead to a, um, figure that's
for your next item that will come after this. This is the, uh, JJR subdivision
property. The Honda...the existing Honda dealership is here. Highway 1, uh, US
218 interchange right here. Uh, this is the new Mormon Trek Boulevard, uh,
recently, uh, constructed. Uh, Pip Printing is, I believe, on this lot right here, or
else that lot right...there. Anyway, I believe it's this lot right here. Um...the
existing Honda dealership here is lot 1 of, uh, well, I'm jumping ahead. Of the
existing subdivision, you can see there's many lots here, as well as City View
Drive, which because of the item you'll be taking up next, and in particular we
would...have just allowed resubdivision of this property. The developer now has
something, the property owner has something else in mind for which the
subdivision that's approved here does not allow them to do what they want to do.
So they're asking...they're being required to vacate it because of the street.
Otherwise we would just resubdivide it, because of the street it actually has to be
vacated, and uh, this'll make even more sense when you have the following item.
Hayek: Okay. Anybody else on the, uh, public hearing? Okay, I'll close it at this time.
(bangs gavel)
2. CONSIDER A RESOLUTION
Champion: Move the resolution.
Mims: Second.
Hayek: Moved by Champion, seconded by Mims. Discussion? Roll call, please. Item
passes 7-0.
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ITEM 6. PLANNING AND ZONING MATTERS.
g) CONSIDER A RESOLUTION APPROVING PRELIMINARY AND
FINAL PLAT OFD & D BILLION ADDITION, IOWA CITY, IOWA.
(SUB10-00007/SUB10-00008) (DEFERRED FROM 9/7)
Hayek: This was deferred from September 7`n
Davidson: Yes, and it was deferred pending vacation of the plat that you just vacated, and so
now that that's been done, uh, we can consider, uh, this action. Um...and again,
here's...here'sthe subdivision that you just got done, um...vacating, and here's
the new, uh, preliminary plat. This is a request from Billion Auto, uh, for
preliminary and final plat to take this, uh, basically to resubdivide this property
into two lots. Uh, it's approximately not quite 19 acres in size, was annexed into
Iowa City in 2003, you might also recall that we modified the zoning, uh, I should
say you modified the rezoning from CH-1 to CI-1, uh, in a recent City Council
action. Uh, the proposed action, here is the existing Honda dealership property.
Uh, the, uh, the applicant would like to create two lots, one right here...which will
become a new car dealership, and then the second lot is right here, uh, and will be
available for future development. Um, as I mentioned the zoning is CI-1 on both
properties. There is a conditional zoning agreement you might also recall on this
property, which, uh, nothing's modified with that. They still will be able...excuse
me, still will be required to comply with the conditions of that conditional zoning
agreement, which principally are for the entryway aesthetics in this area, and I
think the City's done a reasonably good job of...of providing a little additional
regulation of properties in order to enhance the entrance way here, major arterial
corridor, into the city. Um...the, uh, preliminary and final plat generally
conforms to our zoning and subdivision regulations. Uh, storm water
management will be provided in outlot "B," which is down here. Um, that does
not change from the previous plat. Uh, the exist...the access points that form City
View Drive here, even though City View Drive is now gone, and by the way there
were some public utilities in that street which will have to be, uh, reconstructed
and put in private easements, uh, in place of having them in City View Drive, but
the two access points which you can see are directly across the street, uh,
from...from access points to...on the subdivision on the other side of the street,
uh, that's really good access control on an arterial street. So we want to preserve
that, so these' 11 be driveways now, but they' 11 be the same driveways that were
formerly, uh, City View Drive. And, uh, there'll be no additional access points
with this. We try and control that, uh, to keep the arterial streets safe. Lot 2 and
lot 1 will share access off of this driveway, uh, right here. Um...there will be
water main extension fees. It's been paid already for lot 1, and will be required to
be paid for the remainder of the subdivision. Uh, staff recommendation is to
prove, to approve, uh, and our recommendation was subject to the vacation and
conveyance of City View Drive, uh, and approval of legal papers. Any questions
for me? Thank you.
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Hayek: Thanks, Jeff. Okay, any further discussion? Roll call, please.
Karr: (mumbled) motion.
Champion: Oh!
Hayek: Is it? (several talking) ...like this was a public hearing? (laughter) Let's pick up
a motion and a second.
Bailey: Um, move consideration of the resolution.
Dickens: Second.
Hayek: Moved by Bailey, seconded by Dickens. Discussion...beyond Jeff's? (laughter)
Roll call, please. Item passes 7-0.
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ITEM 8. APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF
THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND
AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH AND
RESCINDING RESOLUTION NO. 10-260.
a) PUBLIC HEARING
Hayek: This is a public hearing. (bangs gavel) Public hearing is open.
Dilkes: We've been through this before. We're just doing this to correct an error in the
legal description.
Hayek: Anything else on the public hearing? Public hearing is closed. (bangs gavel)
b) CONSIDER A RESOLUTION
Wright: Move adoption.
Champion: Second.
Hayek: Moved by Wright, seconded by Champion. Discussion? Roll call, please. Item
passes 7-0.
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ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR
PERMITTED ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW
SUBPARAGRAPH 6, AND TITLE 4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW
SUBPARAGRAPH 5, TO ALLOW THE CHIEF OF POLICE TO
APPROVE SPLIT-PREMISES SPECIAL EVENTS IN LIQUOR LICENSE
ESTABLISHMENTS, PERMITTING ENTRY BY THOSE UNDER LEGAL
AGE INTO AN ALCOHOL-FREE PORTION OF THE
ESTABLISHMENT, WHILE STILL ALLOWING THE SERVICE AND
POSSESSION OF ALCOHOL TO THOSE OF LEGAL AGE IN A
SEPARATE ALCOHOL-PERMITTED PORTION OF THE
ESTABLISHMENT. (FIRST CONSIDERATION)
Hayek: We have received a, uh, an amended or corrected, uh, ordinance so this will be
first consideration.
Mims: So moved.
Champion: Second.
Hayek: Moved by Mims, seconded by Champion. Discussion? Roll call, please. Item
passes 7-0.
Karr: Motion to accept correspondence.
Wright: So moved.
Mims: Second.
Hayek: Moved by Wright, seconded by Mims. Discussion? All those in favor say aye.
Opposed say nay. Motion carries unanimously.
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ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS,
TO ADD DEFINITIONS FOR THE TERMS `PERFORMER",
PROFESSIONAL LIGHT AND SOUND," AND "SHOW," TITLE 4,
ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN
LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO
ADD A NEW SUBPARAGRAPH 7, AND TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR
PERMITTED ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW
SUBPARAGRAPH 6, TO ALLOW THE CHIEF OF POLICE TO
CONSIDER APPLICATIONS FOR ENTERTAINMENT VENUE STATUS
AND ISSUE ENTERTAINMENT VENUE EXCEPTION CERTIFICATES.
(FIRST CONSIDERATION)
Bailey: Move first consideration.
Dickens: Second.
Champion: Second.
Hayek: Moved by Bailey, seconded by Dickens.
Wright: You deserve an award for having read that without a single (laughter)
Hayek: Makes up for skipping the proclamations! Eric Goers is here is we have any
questions about the, uh, the ordinance.
Goers: I'd be happy just to discuss it real briefly. As you'll see from the, several
sections, it's a rather large ordinance and I apologize for the length of it. Uh, but
performer, that gets to kind of the issues that you folks had identified at your
earlier work session, uh, that is what you wanted to have covered as
entertainment. Um, professional light and sound is something we decided to
maintain some flexibility with to, uh, approve it by resolution. That's something I
think we're going to probably need to massage as time goes on and we learn
better how that's going to work. Uh, and then of course the show, including at
least 90 minutes in duration of actual performance time, and that 50% of the fees
and so forth go to the performers. Again, topics we had discussed, and then we
get into kind of the details and requirements of the, uh, venue itself to qualify, one
of the biggest which is that they have shows on 150 calendar days each year, uh,
that they have the dedicated performance stage. I...I kind of beefed up that
language at your folks' request, that it would be dedicated just for that. They
can't serve dinner on there earlier and that kind of thing. Um...the only other
notable ones are of course the PAULA ratio also maintaining that by resolution so
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that, um, as time goes, uh, farther and farther beyond the, uh, adoption of the 21
ordinance, the PAULA ratios of course have plummeted, so we want to maintain
some flexibility and approve those just by, uh, resolution. So that's how it's been
structured here. Uh, the reports is in the, um, 7a, small Roman numeral 10, um,
you asked for it to be quarterly so we worked it out that way, uh, and then in, uh,
c is new businesses and how we'll treat those, the process for revocation of this
privilege, uh, and d, uh, including, uh, you know more than one delivery of
alcohol to a minor. We hadn't discussed about in what period of time. I trusted
that if someone had gotten one in 1972 the second one this year wouldn't be
grounds for disqualification, uh, I put in five years, which is stricter than the State
code on... on some things, but, uh, not as (mumbled) could be. Um... and then of
course the last portion, uh, the last title amendment is just basically the
requirements for someone to, of 18...I'm sorry, of 19 or 20 to be present, uh, in
an entertainment venue, and of course it requires that they be at least 19, that they
not be there beyond midnight, which is what we had discussed, uh, and that
there..the show, that they're there to see would have to last at least some time past
10:00. I put that in there to avoid (mumbled) putting on a show at 2:00 in the
afternoon when no one's there and no one cares and then they, you know, let
people in until midnight. Uh, that's the gist of it. I'd be happy to answer any of
your questions if you have any.
Hayek: I...I appreciate your work, and I appreciate your outreach to the music industry
and collaboration with them to come up with something that they...they can buy
into and agree with.
Goers: Yeah, it's been a good process. Thanks.
Hayek: Any further discussion? Roll call, please. Item passes 7-0.
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ITEM 15. CONSIDER A RESOLUTION APPROVING FUNDING FOR THE PAPER
NEST FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK
GRANT -ECONOMIC DEVELOPMENT FUND AND AUTHORIZING
THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE
OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Champion: Move the resolution.
Bailey: Move adoption.
Hayek: Moved by Champion, seconded by Bailey. Discussion?
Wright: This is a terrific use for some of the CDBG money to help a small business get off
the ground.
Bailey: It's a really nice project. I think it's very much in line with the City of Literature,
and a nice sharing of space with two small businesses downtown, and I see the
applicant here. I don't know if she wants to say anything or not. No? (laughter)
Hayek: It's not necessary. Another added feature to this is, uh, that there's a mentoring,
uh, element to this, and in fact when this applicant moves on from the leased
space to some other place, it's possible we'll have sort of a miniature private
incubator, uh, to help further such applicants.
Wright: Good idea!
Hayek: No commitment, but it, uh, it's a very intriguing idea. Further discussion? Roll
call, please. Item passes 7-0.
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ITEM 16. CONSIDER A RESOLUTION AMENDING THE BUDGETED
POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT
DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING ONE
HALF-TIME PLANNING AND COMMUNITY DEVELOPMENT CLERK
POSITION (AFSCME GRADE 4) AND ELIMINATING ONE HALF-TIME
PUBLIC INFORMATION ASSISTANT - PCD POSITION (AFSCME
GRADE 8).
Wilburn: Move adoption of the resolution.
Mims: Second.
Hayek: Moved by Wilburn, seconded by Mims. Discussion?
Wright: Is there any financial difference between those two?
Helling: And we don't have that...um, it's...it's very small. Uh, it's the difference
between one pay grade versus the other, um, assuming in the same pay range
you'd get...probably about...I'm going to guess around $5,000 to $6,000
difference...betweenpay grade 8 and pay grade 4.
Wright: Would that be a reduction or an increase?
Helling: Well, it...it's, um, it's actually I believe it's reduction, because what we're going
from a grade 8 position to a grade 4 position.
Wright: Thank you.
Hayek: Further discussion? Roll call, please. Item passes 7-0.
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ITEM 18. CONSIDER A RESOLUTION AMENDING THE BUDGETED
POSITIONS IN THE CABLE TV DIVISION OF THE ADMINISTRATIVE
OFFICES DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE
PAY PLANS BY ADDING ONE FULL-TIME GOVERNMENT
PROGRAMMER POSITION (AFSCME GRADE 9) AND ELIMINATING
ONE CABLE PRODUCTION COORDINATOR POSITION
(ADMINISTRATIVE GRADE 26).
Wright: Move adoption.
Mims: Second.
Hayek: Moved by Wright, seconded by Mims. Discussion?
Wright: Just point out that this would actually then save $8,000 annually.
Helling: That again is an average. Um, at the top of the scale the difference is much larger
than that.
Hayek: Roll call, please. Item passes 7-0.
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ITEM 19. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE DODGE
STREET RESURFACING PROJECT. (STPN-1-5(94~2J-52)
Wilburn: Move adoption of the resolution.
Dickens: Second.
Hayek: Moved by Wilburn, seconded by Dickens. Discussion?
Mims: Is this for the work that's already been done on Dodge Street?
Fosse: It is.
Mims: Okay. That's what I thought. We're not going to do anymore, are we? (laughter)
Hayek: Roll call, please. Item passes 7-0.
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ITEM 20. CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA
CITY AND NEUMANN MONSON TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE FY2011 ELEVATOR
MODERNIZATION PROJECT.
Bailey: Move the resolution.
Dickens: Second.
Hayek: Moved by Bailey, seconded by Dickens. Discussion? Yeah (mumbled) one of
your topics lately.
Champion: Right!
Hayek: Roll call, please. Item passes 7-0.
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ITEM 25. CITY COUNCIL INFORMATION.
Hayek: Why don't we start with you this evening.
Mims: Nothing, except it was a beautiful weekend. Hope we have a few more!
Champion: It was, it was great! Leaf pick-up starts soon. Did I read, October (several
talking) so get your leaves raked!
Wright: Uh, I just want to thank staff for a terrific job that they did at the, uh, UniverCity
open houses this weekend. I had the privilege to stop in at a couple of those, and
the progress on those houses has been phenomenal, and the interest that they're
generating is...is significant, uh, very exciting program. I just want to offer
thanks and congratulations to all involved.
Wilburn: Just want to welcome this Friday and Saturday, October 15 and 16, to Iowa City
the 12t" annual Iowa Latino Conference, uh, welcome all visitors to town from
across the state, region, and I think some folks from other countries will be
coming as well.
Bailey: I just want to echo what Council Member Wright said about the UniverCity
program. The tours were great and the project is...it's a great program. I'm
really proud we are associated with it. I think it's very innovative. Um, thank
you for the Rochester sidewalk infill project. It's done, and so all those people
who were walking along the road, or walking in the street, can now walk along
Rochester, which is great. Makes it...makes a nice loop with our trail system out
there. And I'd also like to mention that I've seen a lot of bicyclists lately at night,
and probably, um, it's getting dark very early, so turn your lights on a little bit
earlier than you might expect. It's easier to see you that way.
Dickens: Going along with Councilor Bailey, they're starting to work on, uh, north
Dubuque Street, or Dubuque Road. They started to do the sidewalk out there and
if you haven't been up to see the new Fire Station, it is coming along wonderfully,
as long as we don't get any more rain they'll just keep moving at that pace.
Hayek: In the category of thank you's, I want to thank the public for its role, uh, in the
City Manager search process. I thought we had an excellent, uh, couple of days
here in Iowa City, and it certainly led to an excellent result, and if you were, uh, a
commission chair or former mayor, or just a member of public, uh, who came to
the meet and greet, uh, or a member of staff who met with the finalists, I thank
you, and I want to particularly thank Marian and Eleanor and Dale for, uh, for
your assistance through all of this, um, this was a very smooth process and you
guys deserve a lot of credit for it.
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