HomeMy WebLinkAbout2019-02-05 Transcription Page 1
1. Call to Order
Throgmorton: So first of all I'd like to welcome everyone to your City Hall. Somehow you
managed to get here safely. That's a good thing. I understand it's pretty slippery
outside. It sure was when I was walking down here from downtown. So, Maz, I
think (both talking)
Salih: I just would like,uh, to motion that to move Item 19, University of Iowa Labor
Center Support, uh, you know, to the....after the Consent agenda. So the (both
talking)
Throgmorton: Well just to this point. You can move it to this point.
Salih: Yes! To this point.
Throgmorton: Okay, is there a second for that?
Cole: Second.
Dilkes: I think...no, she's moving to....to put it after the Consent agenda. (several talking)
Throgmorton: Oh, I misunderstood what you were advising. Okay. After (both talking)
Salih: ...after Consent agenda.
Throgmorton: Okay, so there's a motion by Mazahir Salih, seconded by Rockne. Uh, all in...this
is an all in favor, isn't it? All in favor say aye. Opposed. Motion carries. So,
we'll do that right after the Consent Calendar. Let me take a note, please.
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2. Proclamations
2.a. Black History Month
Throgmorton: We have one proclamation to read tonight. (reads proclamation) I understand
that, uh, Jonathon Munoz from the Human Rights Commission is going to accept
this proclamation. Jonathon, come on up please. (applause)
Munoz: (both talking, difficult to hear)
Throgmorton: You don't have to speak, John, unless you want to (laughs)
Munoz: (mumbled) Um, as a member of the Human Rights Commission, I humbly accept
this proclamation and,uh, emphasizing something that the Mayor said towards
the end of his, um, proclamation regarding our history, uh, as a, uh, as a Latino,
uh, I just wanna emphasize Martin Luther King's, uh, Jr.'s contributions and
support of(unable to understand) and uh, the Chicana movement generally and
his work towards (mumbled) towards the liberation of all oppressed peoples.
Thank you.
Throgmorton: Indeed! Thank you, Jonathon. (applause)
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3—8. Beginning of Consent Calendar—Consider adoption of the Consent Calendar
as presented or amended
Throgmorton: Could I have a motion to approve the Consent Calendar as amended please?
Salih: So move.
Cole: Second.
Throgmorton: Moved Salih, seconded by Cole. Discussion?
6.b. Iowa City Association of Professional Firefighters Tentative Agreement—
Motion to approve a tentative agreement between the City of Iowa City and
the Iowa City Association of Professional Firefighters, IAFF Local#610
8.b. Jeffrey Ford:ADA and The Mansion
8.e. Paul Etre: LIVE LIKE LINE Bench
Salih: I just wanna highlight(unable to understand) Consent agenda since we don't have
chance to do it during the work session. Uh, Item 6b. I think this is really very
good to have family and parental leave is very, very good thing that we should
have for our firefighter and all employees of the City. And I also wanna
comment,urn, 8b, on the correspondence. Jeffrey Ford:ADA and The Mansion.
I guess I just wanna ask the staff if they can respond or if they already respond.
Do you?
Fruin: Uh, I don't....I don't know that we responded to Mr. Ford. Uh, he was just
advocating that,uh, if a proposal to rehab The Mansion comes forward that we do
everything in our power to make sure it is ADA-accessible,which we will do as it
would be required by building code. We have not seen a proposal for a change of
use at The Mansion yet.
Salih: Okay. And also, 8e, Paul Etre: LIVE LIKE LINE Bench. I don't know even why
they call it that, but(laughs) do you plan to preserve that benches or....
Fruin: Yes, that'll be one of the benches that we plan to preserve, um, with the
Benchmark gallery, and I did respond to that. I probably erred and didn't copy,
uh, Kellie on that,but we've received several similar emails, uh, both the Mayor
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and I, and we've responded to those, with the same information that we do plan to
preserve that bench in the ped mall.
Taylor: And I can clarify that for you, Mazahir, cause it's kind of an item near and dear to
my heart, because, urn, it....the bench was painted in honor of Caroline Found,
uh, who, uh, was a young girl who played volleyball for West High, which my
daughter played, uh, on the volleyball team as well as her father, uh, kinda get
emotional here, Dr. Found, uh, surgeon at the hospital I worked with for many
years. One of the nicest people in the world, was going through also at the same
time, uh,his wife with cancer was dying, uh, and in fact passed away a week after
her...his daughter was killed in a very tragic, urn, mo.....moped accident, uh, on
Mormon Trek, and so the....the team went on to win the State championship, and
it's just a very emotional thing, and movie was actually made, uh,regarding the
story. So I think part of the,urn, preserving that bench has to do with people
come...will be coming,just like the Field of Dreams. People will be coming all
around and saying, you know, where's that bench? You know, where's this legacy
of Caroline so it's based on Caroline Found, which is a very, very great thing. So
whatever we can do, and uh, Coach Bresnahan had reached out to me about what
we were going to do with it and I know there was mention, some mention of it
maybe,uh, going to West High, which she said that would be a good idea too,
cause people would be going to West High also to see Caroline's legacy, so...either
way,but somehow we need to preserve it.
Salih: Great! Yeah! Thanks.
Throgmorton: Okay, any other discussion? Hearing none,roll call please. Motion carries 6-0.
Uh, for the benefit of the audience or anybody watching on television, I should
say that Susan Mims is not present because she's attending a conference in....in
San Diego, as I understand it, and wanted to attend,uh, virtually,but was unable
to do that.
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19. University of Iowa Labor Center Support—Resolution Recognizing and
Supporting the Vital Role of the University of Iowa's Labor Center
Throgmorton: Okay,we'll move to Item 9,which is the Community Comment period. Uh, this
is a moment when anybody can feel free to come up, speak to us about any topic
that's not on the formal meeting agenda....
Dilkes: I....I think you're gonna do 19 now(several talking) Right?
Throgmorton: (mumbled)we did that....my notes tell me to do that(several talking and
laughing) So yeah,we had a motion to move Item 19 up. So let me read Item 19.
(reads item description) Could I have a motion to approve please?
Salih: Move.
Cole: Second.
Throgmorton: Moved by Salih, seconded by Cole. Discussion?
Taylor: (several talking) I'm very much in favor of this. Very much in favor of the Labor
Center, uh, and anything to do with organized labor. Uh, I just had a question
about the wording on it. Uh, at the end. I was trying to look through some of the
other,um,resolutions that we've had and it just seemed like it should say try to
pull it up here, be it.....uh,where's the wording? Oh! Here we go: It says, Now
therefore be it resolved by the City Council of the City of Iowa City, in the State
of Iowa. And then it drops down to the Iowa City Council. So I think just
tweaking language,uh,to say something about'that' in the State of Iowa, 'that'the
Iowa City Council, or just the University of Iowa. So....
Throgmorton: Yeah(both talking)
Taylor: ....just tweaking the language.
Throgmorton: We can just do that minor editorial correction,um, informally,right?
Taylor: Cause I....I have no problem with us as a Council voicing our support of the
Labor Center.
Throgmorton: Okay,uh, any further discussion?
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Salih: Do...can we open it to the floor, so people can talk about it or....
Throgmorton: Uh, yes. Yeah. Uh,would anybody like to address this topic? Hi, Greg!
Hearns: How you doing? (mumbled) sign in? (several responding)
Throgmorton: Yeah,please.
Hearns: How ya doin'? My name's Greg Hearns. Urn, I'm President of Iowa City
Federation of Labor here. Um, first of all I want to say thanks to Mayor
Throgmorton, uh, the City Council for considering this resolution. Um....it's hard
to express what the Labor Center means to me. I mean, I started out as a union
steward on the shop floor,um,because of the trainings and....and the,uh,
workshops that I attended at the Labor Center. Um, I was able to, you know,
become part of a negotiating team,um, work my way up, was noticed,was hired
as a business agent for Teamsters Local#238, and I've also, you know,because of
some of the trainin' and the financial officer's training they put out,was able to
come...become a Trustee on our Board of, uh, excuse me, eBoard. Um, over the
last several months, I've heard a lot of testimony and it's been really emotional,
from around the state about how much the Labor Center means to...you know
(mumbled) staff, students...um, community leaders,um, faith leaders, I mean....
in my mind it was only about labor because that's what I was involved in,
organized labor,but from hearing all the testimonies over the last few months,
you know, I've learned that, urn,the Labor Center is not just another department at
the University of Iowa. And that's not, you know, a slight to any departments at
the University of Iowa. They're all important. But I think the Labor Center has
shown us that they're an important part of the community. I mean it's taught
people to be, you know, know their rights in the work place,uh,to be safe in the
work place,urn, same thing community. Urn, I've worked on a lot of campaigns,
partnered on a lot of campaigns with, uh, Labor Center and I'm impressed and
proud of the hard work that Jen, Robin, Paul, Matt, Sarah, and everyone else at
the Labor Center puts in, I mean it's like...they never sleep. You know, I don't
even know how they do it. But, you know,the Labor Center means a lot to me, it
means a lot to our community, it means a lot to our state. So I'm just really proud
that you guys are considering this resolution and I think it'll mean a lot. Thank
you.
Throgmorton: Thank you, Greg. Would anyone else like to speak? Hey,how ya doin'?
Peterson: Good, and you?
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Throgmorton: Good!
Peterson: I want to thank the Council for considering this motion(both talking)
Throgmorton: ...say your name.
Peterson: Sorry! Uh, Zach Peterson, um, I'm,uh, member of Teamster's#238,business
agent there. I'm also the recording secretary for the Iowa City Federation of
Labor. I want to thank the Council for considering this,uh, resolution tonight.
Urn, this should be an easy vote for this Council, I would....I would hope. Um, at
a lime when workers and labor are bein' attacked, urn, everywhere in this country,
in this state in particular, I think there's a moral obligation,uh, for anybody that is
in the position of power to speak out against that, and that's the opportunity that
this Council has tonight. Um, you know, since the University announced this, you
know,bad decision months ago, like Greg said, it has been heartening to hear
what the Labor Center's meant to so many people across the state of Iowa. It's
also been heartening to hear, uh, the support that the Labor Center does have from
so many people that do have power in this state. It's also been very disappointing,
uh, to hear the silence of, uh, some others that do have power,um, and just choose
to say nothing. Urn, this isn't just about union members. This is about Iowa's
working class, um....you know, there are peop....working people from all over
the state that have had the opportunity,because of the Labor Center, to receive
education about their rights on the job, um, and not just rights on the job,but also,
uh, enforcing safety on the job, I think is something that hasn't been spoken about
enough. Urn, I...have,there's no doubt in my mind that....lives have been saved
on the job due to education that has been given by the wonderful staff at the Labor
Center. Um, so tonight I would hope that the Council will do the right thing and
use your power and use your voice to pass this resolution. Thanks!
Throgmorton: Thank you, Zach. Anyone else? Don't hesitate, Dan! (laughter)
Daly: Uh, thank you, uh, Council for being here. My name's Dan Daly, urn, I sure
appreciate, uh, your bein'here in all weathers, all you do for our city. Um, Iowa
City and the University of Iowa have been partners since the school was founded
in 1847, less than a decade after the city in 1839. Uh,that relationship is mutually
beneficial. We suffer cutbacks together. We share victories together. We grow
wiser together. The City of Iowa City and the University of Iowa are good
friends. A good friend will warn you if you're about to do something bad.
Closing the Labor Center would be very bad. Now our business and law schools
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provide quality educations to corporate executives and lawyers, and those
graduates go on to help management get the most out of employees. And it costs
Iowa taxpayers tens of millions of dollars to offer these excellent educational
opportunities. We pay it, cause we expect it will be worth it....in the long run.
This is all very well for the bosses,but what about all the workers? The Labor
Center, squeaking by on a budget less than the salary of the University of Iowa
President, serves Iowa workers—river to river and border to border. The Center
educates lower income Iowans about their rights and how to avoid injuries on the
job. It provides knowledge and guidance in occupational health, anti-
discrimination, and work place leadership. It does so not only on campus,but for
our city, our county, and our state. We should be very proud of this gem! Few
Hawkeye institutions do more with less. Yet, foolishly, some want to close the
Labor Center! The City of Iowa City needs to be a good friend to the University
of Iowa, and caution them not to make this mistake. Thank you.
Throgmorton: Thank you,Dan.
Chenus: My name is Catelyn Chenus,um, I am an intern for the Labor Center this
semester and a student at the University of Iowa as well. Um, I just wanna say
thank you for considering this and for hopefully moving forward to support it,
um,it means a lot. It's one thing to hear from students and workers and
community members, and that means a lot to kind of voice your opinions, but as a
formal entity of Iowa City I think it means a lot to the University to kind of show
them that you're onboard with us as well, so thank you.
Throgmorton: Thank you, Catelyn. You're up! (laughs)
Iversen: Just waiting around to see if there is anybody else, cause I wanted to go last! Hi,
I'm Paul Iversen, I-v-e-r-s-e-n. Um, and I am the labor educator at the University
of Iowa Labor Center. Um, and....I have to get up to thank you for considering
this. Uh, when we were told in July that they were closing the Labor Center,
without anybody having consulted with anyone at the Labor Center,talk to
anybody in the labor movement, talk to anybody who had been to Labor Center
classes, uh, when we're told by the Dean of the Law School that had been less
than two weeks on the job,um,that our program was not....integral to the mission
of the University of Iowa. That was very difficult! Um, it was difficult for me
personally because eight years ago I made the decision to leave my law practice in
Minnesota, uh, to become a labor educator in Iowa. And um.....switching careers
from being the expert to being the apprentice was....was a big move. Urn, but I,
like my colleagues at the Labor Center, wanted to dedicate my life to....
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empowering workers through education. And how that cannot be part(laughs) an
integral part of the mission of the University of Iowa, to be told that,um, if we
could find someone to in....you know, give us $15 million to endow the Labor
Center,we could still....survive,urn,that somehow we had to be privately funded,
that there was no public purpose to the University to provide worker education
was very,very difficult. And it's been heartening as....as Greg and Zach and
Dan....(several talking) you know,to hear the stories of how we have affected
people around the state, urn, and so I greatly appreciate the City of Iowa City,um,
is,uh, considering this resolution. I would love to be able to standup here and
tell you we have a deal to keep the Labor Center open,but that is not the case.
We've been working....there....there are negotiations going on behind the scenes
and there appears to be a path for which that could happen,but we are still
officially,uh,the official position of the University is that we are to be,uh,
closed, or that our funding is to be....they like to make that distinction, they're not
closing us—they're just cutting off finding. That our funding is being cut off at
the end of this fiscal year. Um, so it appears that the University still needs to hear
from people around the state of how much the Labor Center means to their...to
them and their communities, and so I greatly appreciate the,uh, City of Iowa City
City Council, see how many times I can say'city' (laughter) in one sentence,um,
for considering this resolution. Thank you.
Throgmorton: Thank you,Paul. I don't know about you,Paul,but every time I used to do that,
my hand would just kind of jump all over the place.
Iversen: I have a benign tremor. They tell me it's not Parkinson's, so my hand shakes
anyway so it's....especially hard! Okay....thanks!
Throgmorton: Thank you,Paul. Would anyone else like to address this topic? Okay, seeing no
one else, Council discussion?
Cole: Maybe I would jump in. Um, I....I really like that concept of partnership.
Clearly the University of Iowa, the City of Iowa City—we have deep roots
together, growing and thriving as a community. Urn, this is a decision that we do
not take lightly. Um,we ordinarily do not comment on internal University
matters. Um,we have our own separate spheres. Um,President Harreld has a
full agenda. We understand that. We understand the finding challenges that...
that he has. That said, I think really what we identify here is this is not a liability.
This is an asset. This is a treasure for the state of Iowa, not only Iowa City,but
the state as a whole, and I think the big problem that the University has is that
they don't have these relationships with places outside of the City of Iowa City,
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and I think this sort of program is exactly the sort of program that we need, and I
think the education part of it I think is so critical for the health, the safety, the
well-being of workers throughout the state,urn, so this is something that we say,
and I think we're probably going to get all votes here, um, with one strong
unanimous voice that this does need to stay open, urn, to serve our state and our
community.
Salih: I just wanna say that just working with the low income people very closely at the
Center for Worker Justice was immigrants,refugees, and the newcomers to Iowa,
I think the Labor Center really had done a lot of work on educating those people
about discrimination in the work place, how....what their right, uh, in the work
place too, and you know, a lot of OSHA training and also they help the Iowa
Center for Worker Justice to....to give them the tools. All the immigrants was
ready to....to fight for all the issues around this community, but you know the
only thing that they were missing is the tools, and the Labor Center is providing
those tools through the short courses that they have done to Iowa City. I assure
you there is a hundred of Iowa City residents who really had direct benefit from
the Labor Center, and this is over the years of course. Every year the Labor Center
had like education(unable to understand) another training for the people in Iowa
City, and um, I'm really glad that we are doing this and like supporting them and
this is (unable to understand) University of Iowa as, uh, Paul said we are friend
and we wanna call and we wanna tell them,hey, you have really great institution
there. Please keep it! That's the only message we are relaying to the University.
Uh, I hope this is will find support from the Council and thank you for
consideration.
Taylor: Uh, as a member of the organized labor community for over 35 years now, uh,
I've become very familiar with the Labor Center and what, uh, what they have
done and accomplished, and....and it is a very unique program and I think that
has,uh, value in itself right there. But also I think there's this misconception that
it's only about unions, and it's not, because all these things we've talked about
benefits the business as well,because if you have workers that are...that know
how to work safely and are happy on their job, it...it benefits the business and I
believe they do some educating for some of the business owners as well. So it's
not just all about the unions. It....it benefits everyone.
Teague: Paul, I was pretty impressed with your presentation, and your story about, you
know, movin'here just for this, and even for Greg and Zach, you know, your
passion as bein'workers for the labor union. And, Greg, this bein', uh, the month
of Black History Month, your story of how you, you know, worked your way up
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is very inspirational. Urn, and so thank you for sharing your story with us today.
I didn't know that, so....um,the passion that is seen through these individuals, if
this is half of what the....the recipients that receive the services received,then you
all have really made a mark, urn, in the lives of a lot of individuals.
Thomas: Paul, your....I.....Paul....Paul's story is....is like my own, and I won't get into the
long story of it, but I....I probably wouldn't be here in Iowa City either, were it
(laughs)not for the Labor Center,uh, so it....the Labor Center was really integral
to my life personally, on a personal level, and um, what, uh, I think the threat to
the Labor Center has brought out, as so many have said,is how important the
Labor Center is to people across the state. It's been just inspiring to hear that
testimony from....from all walks of life among people in Iowa City, or in the state
of Iowa. So I'm happy to support it and,um....you know, I hope progress
continues to be made on....on resolving this issue.
Throgmorton: Well I'd like to thank Mazahir for suggesting the possibility of having us adopt a
resolution. I'd like to thank Rockne for drafting the resolution,and I tinkered with
it a little bit,but thank(both talking)
Cole: ....I did receive some help from(both talking)
Throgmorton: So, so uh, I'm very pleased to support it. So, any other discussion?
Salih: No.
Throgmorton: Roll call please. Motion carries 6-0. All right, it's good seein' y'all!
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10. Planning and Zoning Matters
10.a.Rezoning East of S. Gilbert&West of Sandusky Drive—Ordinance
conditionally rezoning approximately 18.03 acres of property located east of
South Gilbert Street and west of Sandusky Drive,from Interim Development
Multifamily Residential (ID-RM) zone to Planned Development Overlay/Low
Density Single Family Residential (OPD/RS-5) zone,Planned Development
Overlay/Low Density Multifamily Residential(OPD/RM-12)zone, and
Planned Development Overlay/Neighborhood Public (OPD/P-1) zone.
(REZ18-00024)
1. Public hearing
Throgmorton: I'm gonna open the public hearing. (bangs gavel) Danielle! Good evening.
Sitzman: Good evening, Mayor and Council (clears throat) uh, this case before you tonight
is a rezoning. You will see part of a,uh, subdivision plat at a later time,but we're
gonna focus primarily on the rezoning issues tonight. The subject property is
located generally south of Highway 6,bounded by South Gilbert Street and west
of Sandusky Drive and Pepperwood neighborhood to the east. It's also adjacent to
Napoleon Park and Terry Trueblood Park,uh, is nearby. Urn, the application
tonight was submitted by Bedrock LLC. It's a proposed rezoning of their
preliminary plat for 18, uh, approximately 18 acres of land rezoned an interim
zoning district, and with the request to go to, uh,planned zoning districts,
including an RS-5,uh,which is,uh, low density single-family, and RM-12, which
is a low-density multi-family, and a public zone to accommodate a future fire
station. The applicant's intention is for the development of a 20-lotresidential
subdivision consisting of single-family detached homes, duplexes, multi-family
townhouse style housing, and one 36-unit condo,uh,home building. Um, one lot,
as I said, would be purchased by the City for future development of a fire station.
Urn,this application should sound familiar to you. It had come through Planning
and Zoning Commission earlier,uh, in the spring and summer last year, and to
you in the fall. Um, it did fail at that time to gain your approval. The applicant
has since then revised and resubmitted with, uh, some significant changes. So I'll
just outline those briefly. Um, they have removed the 36...one of two 36 multi-
plex family residential buildings. The one that would be on lot 1 is now, uh,been
removed. But that lot 1 is the site of the,potentially a site of a future fire station,
per a purchase agreement with the City. Um,there is a new landscape easement
along the south lot line of lot 1 to buffer any future development there from the
existing homeowners to the south. There's also been an upgrade of the sidewalk
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width. There's an existing sidewalk along Gilbert Street,urn, that...in the original
proposal would have remained as it was. Under this proposal, staff is
recommending it actually be removed and replaced with a fully modem five-foot
wide sidewalk. Um, also there was some preliminary details discussed about a
crosswalk crossing on South Gilbert Street. Urn, we've gone ahead and....and
included a condition with this proposal. It's,uh, for the applicant's to actually be
responsible for the curb ramp installation,uh, and the City to finish that
crosswalk. Um,this is the proposed subdivision layout at this time. As I said it
includes, uh, single-family. So the single-family lots are those,uh, along this
drive here, which is Toby Circle, and then the interior of Toby Circle, along the
north side of this,uh,main street through here, which is Cherry Avenue, are the
townhome,uh, developments,uh,lot 3. Lot 2 is the,uh, single remaining 36,uh,
unit.....uh,they're saying condos or potentially apartment development. Um, this
is a planned district overlay,um, all the lot width and frontage regulations for the
base RS-5 and RS-12 zones do apply to these lots,urn, and are,uh, not being
waived as part of the planned district,uh, application. So a moment to talk about
the comprehensive plan. Um,the future land use map of the comprehensive plan
identifies this area as appropriate for residential density of two to eight dwelling
units per acre. Uh, there's a district plan,the South District Plan for this property
indicates the property along the east side of Gilbert Street,where this is, uh,may
be appropriate for townhomes and other small-lot or duplex developments. Also
additional density is encouraged in the South District Plan for projects and
enhanced housing diversity in the district contribute to the connectivity in
neighborhoods or enhance the visibility and street access to public parks. Um,the
extension of Cherry Avenue through the subdivision will provide an important
east/west connection, allowing neighbors more direct access to Gilbert Street and
the City parks that I mentioned along Gilbert Street. In addition the South District
neighborhood plan also identifies this area as appropriate for planned overlay
cluster development, due to the wooded slopes, which I'll talk about in a moment.
As I said,um, this is a planned district. Um, it's required to be a planned district
because of the presence of multiple sensitive features, um, on the site,including
woodlands and steep,uh, disturbance of steep slopes, and um, the need for storm
water management. Staff did review the application,uh, against the OPD, or
planned district criteria, and I'll walk through some of those details in a minute.
In addition to the clustering....clustering of density on the site, urn, a level 2 area
sensitive area review is required,uh,because of those,uh, sensitive features. Urn,
there are some previously altered protected slopes on site. Um,there's some
construction of storm water management facilities within those slopes that are
proposed, and then the required removal and replanting of a signi....significant
portion of woodland,uh, in the development. I will say most of the site has been
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determined to have been previously altered by a nearby road construction activity
over the years, along Gilbert Street. Urn, so there are some caveats to the
sensitive areas plan that allows for,urn, impact at this time with the development.
So other than the averaging of the density calculations across the property and a
reduction in the collector street width of Cherry Avenue,reducing it down from
31-feet to 28-feet, all of the other base zoning district and subdivision,it,
standards, such as setbacks,building heights, and design standards, will be met
with this development. So I'm gonna walk through those four points, kinda as the
outline of this presentation. Starting first with density. So the OPD review does
include an analysis of density. Uh,this chart shows you the density broken out by
the zoning districts proposed. Urn, there is an assumption that there will be some
duplex lots built in the single-family lots. Um, essentially though after removing
the street right-of-way from the calculation,the overall density of the RM-12
district is just over six units per acre, and when combined with the RS-5,it's...it is
right about at six units per acre. So within the,urn,proposed range in the
comprehensive plan for this area of two to eight.....two eight. Urn,the OPD
criteria then does review the use and layout of the property. The planned
development process encourages a mix of housing and types,uh, and allows the
flexibility to create those housing types in a manner that fits the site. Um, the
land uses proposed here are single-family, townhouse,multi-family,uh, with three
to five dwellings per building and one, as I said, 36-unit building,um, with a
combination of surface-level and lower-level parking,uh, around that. The layout
of the streets and the building is designed to provide a transition from the existing
single-family homes to the east in the Pepperwood Addition,uh, subdivision, and
the larger apartment building is proposed near Gilbert Street. Um, the woodlands
and slopes do provide a buffer between, uh, this and properties adjacent to the
north and as I said, um,there's some proposed,uh, screening to the south. So here
on the screen is a rendering, showing,urn,basically looking from the east to the
west,with the townhomes along the right-hand side of the screen and the single-
family homes to the left. This is a rendering showing,uh,basically those single-
family homes in the foreground to the left and just the...over the horizon,uh, in
the kind of redder color, uh...um, detail is the 36-unit. So if you'll recall perhaps
from the last application, there is quite a bit of slope to the site, so we're really at
the high point of the development looking down, um, over the hill as it moves
more towards,uh, Gilbert Street. Um, the OPD review criteria does include
consideration of building mass and scale, and the proposed single-family lots are
subject to the same standards regarding setbacks, lot coverage, and building
height, as the existing lots in Pepperwood. Um,this rendering shows the
proposed design and front and rear elevations of the 36-unit multi-plex,multi-
family residential building. Um,the proposed design shows an articulated facade,
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uh, with a stone veneer and wood siding. Urn, these are design elements that do
conform to the City's multi-family design standards. There's another view of the
building. Um, this does not show the trees that would be preserved. Obviously
for the intent of showing the building, they didn't show all of the trees that would
remain. Uh, there is a townhome component and the townhomes,uh, rend...uh,
concepts do include several design options,with a variety of building materials, to
prevent a monotonous streetscape. Urn, the townhomes will front onto the public
street and have vehicle access and parking,uh,behind them. This is a image
showing the 36-unit on the left and the townhomes as they start to rise up the hill
to the right. The OPD review of open space includes land reserved for both
private and public use. Urn, as is shown on the revised plat, the developer has
identified .08 acres of private open space for residents of lot, uh, 2 and 3, which is
the townhomes and the multi-family unit. Urn, that open space would be in a
triangular arrangement to the west of the 36-mul...uh, unit building. Uh, it will
...it's intended to contain some open recreational space, along with a
playground....playground equipment, a picnic table, and a pergola, uh, for cover,
and some grilling, uh, facilities. Lots 2 and 3, so this slide kinda goes through
several elements all at once. Lots 2 and 3 will contain over two acres of protected
private open space; however,most of that area is in areas where it's steep with
woodlands and so really was not suitable for use as a public park. Um, therefore
the applicant has agreed to pay a fee in lieu for the park land dedication that
would be required. Urn, for this development park land dedication would be
8/10ths of an acre. Urn, there are environmentally sensitive areas, as I mentioned,
on the site. Urn,because the plan calls for removal of quite a bit of the woodlands
for the development of the single-family area, the applicant is actually required to
replant,uh, over 200 trees. They do have a plan where they've identified the, uh,
location for that, and the, uh, tree count that has been and will be reviewed by the
City's Forester. Um, the woodland reduction was met, or,uh, was within the
allowed reduction for the RM-12 section. There are also some archaeological
interests in the area that have been studied,urn, already by the applicant, and uh,
submitted to the State Archaeologist and, urn, addressed. Regarding storm water,
urn, the applicant has submitted a preliminary storm water analysis that takes into
account the pre-development and post-development runoff conditions, and they
are intending to provide storm water conveyance and management through a
chain of storm water basin improvements in the ravine located to the north of the
property. The re....that ravine area in which the storm water facility is....is
proposed does contain projected slopes. Urn, currently the ravine is subject to
severe erosion and the intention is that the construction of the storm water
facilities will be designed to correct the erosion, uh, conditions, and prevent future
erosion. That is allowed by our sensitive areas ordinance,uh,which does allow
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for essential utilities, such as storm water, to be constructed in those areas, if they
are designed to protect against erosion,pollution,and habitat distur...disturbance.
Uh, after the installation of those facilities, the sensitive area protected, uh,
sensitive protected areas and those buffers around them actually will be restored
by the developer. Um, we did have our Engineering,uh, staff review those
calculation and have preliminarily approved them. Talk a little bit about traffic
impacts and streets next, as that is part of the OPD review. Um, the construction
of Cherry Avenue will provide full access onto South Gilbert Street and improve
the neighborhood connectivity, and access to parks. Um,while some of the traffic
generated may choose to use streets already to the east, such as Sandusky Drive
for access, it's anticipated that the majority of the traffic from this development
itself, will access Cherry Drive and go to Gilbert Street more directly. (clears
throat) As we see with street networks, really if you had more connections and
you can dilute the overall traffic,uh, throughout that network. The residents of
this new development,um, though would be not contributing a great deal of
additional traffic to the overall system. Um....additionally it's an alternate route
for,um, improving access for emergency vehicles and, uh, service vehicles.
There will be some traffic calming,uh, devices in....in, developed with the street.
Um, they're shown here on the right as these little circles, so there are two traffic
circles where Toby intersects with Cherry Drive,near the townhouse
developments. In addition as I said, the street will be somewhat narrower than a
usual collector street,reducing down from 31-feet to 28-feet in width. Um, as far
as traffic, um, South Gilbert Street is designated a minor arterial and does have
sufficient capacity to absorb,um, the estimated additional trips generated by this
development. Um,there....as I said, there will be sidewalks built with this
development,um, including all of the interior streets to the development and
along the,um, east side of Gilbert Street. Um, there is a proposed crosswalk, um,
that will be the responsibility of the developmer....developer to put in the curb
cuts for. The actual development of the,um, crosswalk itself will be the
responsibility(clears throat) of the City to design. Um, in looking at the most
appropriate location for a crosswalk, our Transportation planners took a look at
the design speeds on South Gilbert Street, as well as the hills and curves, and
were looking for the safest possible connection for pedestrians to cross the street
where they could be seen and could make that crossing in the amount of time
needed, uh,between,um, cars traveling on the street. Um, in addition they had to
look at where the pedestrian would end up once they crossed the street. On the
west side of Gilbert Street there's quite a bit of grade dis...dis,uh, difference in,
um, this embankment along the road, uh, and there basically needed to find a
place where the crosswalk would have the ability to conform with ADA grades.
So that,um,rather than just crossing where it was steeply graded and going
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straight down the hill, or needing to do a series of switchbacks to maintain that
grade to get down to the sidewalk, and the deter....determination made,was made
that the safest location actually is north of this driveway entrance. Urn, as I said,
the curb cuts would be the responsibility of the....of the developer and the actual
improvements for the crossing would be the responsibility of the City. There's a
potential for a three-to-four-lane road diet conversion in the future,um, if that
were the case the crosswalk design would take that into account. It could
incorporate potential pedestrian refuge islands in the center, if that were needed to
help folks cross the street. Gonna....the,uh, finally the OPD does review
potential negative impacts of the development on the immediate vicinity. Urn,
staff does not believe that the proposed development would result in a significant
departure from what would be allowed with other conventional developments in
this area, in regards to those standards. Urn (clears throat)the single-family
homes to the immediate, um,west of an existing subdivision would provide a
sensible transition. Urn, in this case the 36-unit building is located at the far west
end of the development, down slope from the remaining Pepperwood sub....sub-
division, and staff is recommending as a condition that a 25-foot landscape
easement be installed (clears throat) along the south corner of lot 1. Um, I will
note the applicant did conduct a second good neighbor meetings,uh,following
the City Council meeting in the fall. Urn, they met with 15 residents in the
neighborhood,um, to discuss their concerns. Also at that meeting at the time was
representatives of the Iowa City Fire Department to answer questions. So,
quickly kind of just to summarize where we're at currently is the,uh,rezoning and
sensitive areas development plan stage of the....ofprocess. Assuming the
application is,uh,recommended or upheld for approval, there are some additional
steps that will happen before construction actually would begin in the subdivision.
Those would include,uh, City Council reviewing the final city plat by resolution.
And then some steps that are accomplished at the staff level, including review of
the final sensitive areas development plan and then,urn, a major site plan for the
apartment complex. That would be the step at which the City's multi-family
design standards would be reviewed, would be that last stage. So based on staffs
analysis, the proposed rezoning is consistent with the comprehensive plan,
compatible or complementary with the existing neighborhood, and will not
overburden public facilities,uh, and it meets the necessary planned development
criteria. So this application does come to you tonight with a recommendation of
approval by the Planning Commission,um, subject to seven conditions proposed
by staff. So the seven conditions, three of those were originally placed on the
application, urn, the first one ties the development to the concepts expressed both
in the sensitive areas plan and the plat at this point. Um, they do require that the
final plat include details in the description of the amenities proposed in the private
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open space on lot 2, and they require that the City Forester review and approve
tree placement and a protection plans, and it requires that at the time of final
platting,the development agreement specifies roof drains and gutters for some of
the lots in the single-family development,in order to control discharge of storm
water away from southern neighbors. As I mentioned, there would be a
requirement for five foot sidewalk replacement, installation of curb ramps for the
crosswalk, and dedication of the landscape easement. And that concludes my
presentation!
Throgmorton: Great,thank you, Danielle. I understand we've received two pros....protests of
the rezoning, and am I correct in assuming that this does not rise to a super-
majority level of protest.
Sitzman: That's correct.
Throgmorton: Yeah, okay. Thank you. Any questions for Danielle? Hearing none, thank you,
Danielle. Maybe somebody'll ask you to come back up.
Sitzman: Okay, and the applicant is here tonight so I will just get his....presentation open
for him.
Throgmorton: Good evening again, nice to see you!
Carrillo: Good to see you! Hello to the City Council,um, my name's Alex Carrillo. Urn,
I'm the Project Coordinator for Bedrock LLC for this proposal. So,um, thanks to
Danielle and Anne and Ray and Bob previously for, um, all of the....collaboration
you've done with us. Urn, Danielle really said most of the points that I would of
wanted to have said(laughs) so, uh, I....I'11 keep it simple. I just wanted to
highlight and add some commentary on just the overall proposal. Um,just so you
can have some perspective from what our vision is. So,urn, I...going back to June
when we initially,uh....um, started this process, or maybe it wasn't June, but in...
in the fall when we were here, um, one of the....one of the major areas of changes
where we wanted to address,um, and where we saw opportunity was obviously
this....this lot 1,which is previously a 36-unit,urn,building. Um, combination
of,uh, the need identified by the City for the fire station, um, the concerns
expressed by neighbors and the Planning and Zoning Commission, and the
Councilors,um, it seemed like that would be the,urn, the best place to make some
changes. So we felt like, uh,we felt like this was a big improvement to the plan
and we were excited to go forward with it. Um,just overall I wanted to highlight
some of the,um, things we're excited about and that....things that we feel make
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sense about this plan and how it fits in the neighborhood. Urn, we....we felt like
the density was very appropriate and while there were concerns previously, urn,
we felt like the changes just greatly improved those and,uh, appease some of
those concerns by removing 36 units. Urn, we also felt like the....the overall, urn,
flow of, uh, of housing types and the diverse housing types, the transitions with
the existing neighborhoods was, um....uh, we were happy with it and we felt like
it fit with the neighborhood. Urn, you know having existing houses here, having
neighbors to the south, and the buffer being single-family units, urn, transitioning
into duplexes, townhomes on the north side, and then ultimately to Gilbert Street,
where you'd have a future fire station and a 36-unit building. Um, we were....we
were excited about this transition and flow of housing types. Urn,the....the other
thing I wanted to point out,urn, was the, um...just a, the open space, urn, this is a
unique site because we actually have this two acres to the north. So here's the
property line, and we have those two acres to the north, which, uh,really we've...
we view as an asset to this, uh,to this design. Uh, all of these townhomes are
gonna have a back....a back porch or screened-in porch that's gonna overlook a
woodland and a ravine. Urn, all of that combined with the fact that the....there's a
smaller footprint here on lot 1 now. You have Napoleon Park,Terry Trueblood
down here, Wetherby over here. Uh, we felt like there's a lot of ac....access to...
to parks and open space, urn, and uh....yeah! We're...I just wanted to highlight
that. Urn.....the,uh....the next few slides, I just wanted to, um, show again to
you, so this is the final updated, um, design, the coloring scheme. I think the one
Danielle showed, the elevations on, was the initial rendering. So these are the
materials we wanted to use and the aesthetic we wanted to go with. Um, that we
felt like, from feedback with the City and from Planning and Zoning that there
was a lot of positive feedback on this....on this coloring scheme, but the...the,
what I wanted to point out with these,um, these slides was just the topography of
the land and why we think, uh,what we have in front of you is just a very good fit
for this topography. So, this is looking at, from Gilbert Street up towards where
Cherry Avenue'd be and as Danielle mentioned, there's....there's quite a bit of
slope here. So the advantage of this building being right here in the north corner is
it's set into the side of that hill. So you're gonna be able to go up the street, and as
you're further,urn, further down on Toby and Cherry, so here you're on Toby
Avenue in the little circle, and you're looking down, there's really not much of a
obstructive view, urn, that's gonna,uh, be a....an aesthetic eyesore. Urn,here's an
even better example as you're in the middle of Cherry Avenue. So all of those
neighbors down on Sandusky, as they're corning down, it's a very consistent, uh,
progression of housing styles that isn't, um, too obtrusive. Urn, so the....the last
couple points I just wanted to clarify that we thought, um,made sense with this
plan that we're excited about is we felt like this is an asset to the....to the existing
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neighborhood. Urn....um.....we are happy with the accessibility that it creates
and how it's consistent with the comprehensive plan. Urn, we're really happy to
hear the City identified a crosswalk. There was a lot of concern addressed with
traffic and safety, and accessibility to those parks and the benefits that are nearby.
We were happy to hear that the City Traffic Department and the City did a review
and found that to be a safe solution. Urn, so that said,urn, I'm happy to answer
any questions or....hear any feedback.
Throgmorton: Any questions for Alex?
Carrillo: Thank you.
Throgmorton: Thank you. Anyone else want to address this topic? All right....
Salih: I did have question for Alex.
Throgmorton: Oh, sure!
Salih: Because last time you remember we, I guess when we voted this down, it was...I
personally was asking you to meet again with the neighbor.
Carrillo: Uh huh.
Salih: Have you done anything like that?
Carrillo: Yep! As Danielle mentioned, we had a good neighbor meeting,uh, follow up
meeting after all the City Council, so we sent out a notice to everyone within 300-
feet, all the property owners, and I think 15 neighbors attended and we had some
good discussion. Um...one of the, I think as you'll remember, some of the folks
who carne up last time were these neighbors to the south. We've had, in addition
to that meeting we've had a number of correspondence with them and,urn, they in
particular were very happy with the....the change. I think a big concern for them
was the proximity here, of that building, to their land and the view, uh, the
obstruction to their view and...um....I can't say that we're gonna make all the
neighbors happy. I think as was mentioned there were a protest petition still
submitted but we felt like, uh,we did our due diligence and, um,wanted to, uh,
hear the concerns and make some changes, so....
Salih: And just remind me again,how many,uh, invitation you send out?
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Carrillo: To everyone in the 300-foot range. We did that the first time. We...and we did
that the second time too.
Salih: And about how many,roughly? Because you're telling me only 15 people attend.
And I wanna compare the people who attend with the invitations.
Carrillo: Uh, it'd be all of these houses, so I don't know the number off the top of my head,
so one,two,three, four, five, six, seven, eight, double that, 16 for everyone across
the street, maybe....uh....20 in this area, 21, 22, 23.....24......(both talking) range,
which is certainly more than came to the first one. I think there was nine or 10 at
the first meeting.
Salih: And the people, the people who attend, the 15, do you think you really reach a
common ground with all of them or.....
Carrillo: I don't know that we reached a common ground with everyone,but urn....
Salih: (unable to understand)maybe?
Carrillo: What was that?
Salih: The majority of the people, like more people?
Carrillo: I...I'd say we were able to...I mean we had a mix....it was a mixed, um....mixed
bag of communication. Some people were in support of our....of our proposal
and came up to us, you know, after our meeting and said, 'We wish this woulda
gone the first time,'uh, 'We wanted you to get diggin' ground,' cause those folks
were excited and they felt like this would be an asset to the...to their home and,
um....but others expressed concern. They still want things different and,um, I
think this is the summation of what we think is, uh...(both talking)we're excited
is the best fit. So....
Salih: Sure. Thank you.
Carrillo: Yep!
Taylor: Quick question,just a reminder on the....on the 36-plex. Are those one and two-
bedroom units or(both talking)
Carrillo: One and two-bedroom.Yeah.
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Taylor: Just one and two-bedroom. Thank you.
Throgmorton: Any other questions for Alex? Thanks! All right,before we have discussion I
need to ask you whether you are inclined to vote in accordance with the Planning
and Zoning Commission's recommendation to approve the rezoning. (several
responding) Okay, sorry? Yeah. Okay, so I'm gonna close the public hearing.
(bangs gavel) Could I have a motion for first consideration please?
2. Consider an Ordinance (First Consideration)
Cole: So moved.
Thomas: Second.
Throgmorton: Moved by Cole, seconded by Thomas. Discussion?
Cole: I love this design. You know as I've been saying at our recent, uh, Council
meetings, you know, the City of Minneapolis got a lot of kudos for eliminating
single-family zoning, and we've had people reach out to us and say, 'Well when
are you guys gonna catch up to the City of Minneapolis?' Well we've been seein'
a lot, and I love single-family. I'm not against single-family. I think single-family
is an important piece of a healthy neighborhood, but not when it's only single-
family, and there's not housing diversity, as you talked about, and that's precisely
what our plan calls for is housing diversity. The 36-unit design, urn, you know, a
lot of people are concerned about the density. I have some, two really,really good
friends that live up near, in the northeast side of town, and there's a lot of those
large apartment blocks, quite a few of'em actually,but they're very close also to
the single-family and duplex, and that is a great neighborhood. So it's sort of like
eating a good food that you've never tasted. If people aren't familiar with this
concept, one it's actually built, I think they will actually celebrate that, and then
with the fire station, you know, who knows when that's actually going to come
along. We're certainly making the commitment to it, but that's' going to be a real
asset too. So, you know, you can't make everyone happy all the time, um, but it's
unrealistic I think at this point to have a pure single-family, and at least I wouldn't
have supported it had we had less density than what you had proposed. I think it's
a nice balance. I'm gonna support it.
Thomas: Yeah, it's not too common that we see a project,uh, a second time around (laughs)
and um....I....I would....I would say that, you know, many of my concerns with
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the first proposal, uh, were associated with that second apartment building, uh, to
the south. Uh, you know, in tenns of the criteria that were mentioned—the flow
and transition of housing types. That...that particular apartment building backed
onto the,uh, single-family lots in a way which I think lacked that sense of flow
and transition, uh,plus it just....it does reduce the density, and I think it puts that
large,that one large building, uh, in a....in a very nice position in terms of scale,
because you have the large woodland on the backside, and then an open lawn and
kind of what I would call the river corridor landscape to the west. Um, so I
think....I think the....the questions of....of flow and transition,which are
important on a project like this, are much better with this scheme. Uh, I think the
other, as you mention, the Cherry Street change,urn, you know, that staff is
looking at reducing the street width is something new,um, that of course
should....should have an impact on, urn,traffic speeds, especially with the circles,
and as I've been trying to emphasize(laughs)it reduces the cost of building the
project on the front end, and on the back end operation and maintenance is....is
reduced. Um, so I....I think there are a lot of improvements with this one, urn, the
one....one question I would....I hope with the....the pedestrian crossing on
Gilbert that we are able to,um...uh,you know,pedestrian refuge sounds very
appealing to me,um, given...you know, the traffic on Gilbert. I think that would
help,uh, improve the safety of that crossing, if we were to do that. And I...I hope
it's possible with the four to three-lane conversion.
Throgmorton: Other discussion?
Taylor: I think we have to keep in mind that, uh....the northeast and west sides of Iowa
City are pretty well getting built out and there's not much room for other
developments, and so this is prime,uh, for development so it's going to be
developed at some point in time and so I think looking at this,it...it falls into all
the criteria that we like, with the nice mix of housing and....and I also very much
appreciate from our past vote how,uh, you took our concerns to light and had
another good neighbor meeting, cause I think you said nine folks came to the first
one, and I think four of those were couples, so basically three or four households
were represented and this sounds like more people were represented this time and
got a better concept of....of what the development's going to look like, and uh, I'm
very pleased that the, uh, second larger unit,uh, was taken away and...and will be
replaced by a fire station. I think that'll be,uh, important, so I think,uh, the other
concern was,because of that since it's now the fire station site,the proximity to
the neighbors without a buffer. That was one of our concerns, so obviously that's
been alleviated. So a lot of our concerns have been alleviated and I appreciate
that and I think,uh, I think it will be a good development,but again, we do have
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to look at that Gilbert Street. It's becoming busier and busier all the time and so to
have that be a safe intersection is....is very important.
Throgmorton: Any other discussion?
Salih: Um, I really....not like discussion, but I want to ask question to help me like come
up with a decision. Uh,because like I hear from two people saying that this is not
cons...uh, consistent with the master plan for the South District. Is that true?
Throgmorton: Not according to our staff, it's not true, and I think that would be correct.
Salih: Because they saying the largest is 10-unit and we are having 36-unit and I just...I
really don't know what the master plan say,but just to make sure this is consistent.
Froin: We believe it is consistent and I think the Planning and Zoning Commission
recognized that with their 6-0 vote, concurring with our position.
Salih: Okay, and also,um, I wanna ask about the cross,uh, the cross, you know,that
the....crossing and they saying that the crossing's wrong direction and can you
just talk about that cause I know that they prefer the cross to be right by
the....(mumbled)
Fruin: Yeah, I'll ask Danielle and Jason to help me out here,but if you were to cross right
at the entrance of...of Cherry there, you have about a....12 to 15-foot drop,before
you'd actually hit the trail. So if you could imagine as you're going down the,
going south on Gilbert, there's quite a bit of drop-off at that location to get down
to the trail, and Danielle's got a....aerial shot of that, um.....so.....can you get the
lights, Kellie, on that please? Thank you. You can see the approximate location
of Cherry Avenue there,the red hashed area.
Salih: Uh huh.
Fruin: If you were just to draw a straight line across the street, you're probably droppin',
again, close to 15-feet before you can get down there, which makes a pedestrian
crossing very cumbersome. Uh, so the idea is to take them,uh, north, up to where
the trail,uh, is at that roadway grade, and then they can get back down and get
into Napoleon Park and down to Terry Trueblood, or,um....just access the Iowa
River Trail there, and the reason it's on that,uh, north side of that intersection is
because we do anticipate a road diet on this street. You've given us that direction,
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urn, and that would be the appropriate location for a...um, a....a refuge island
there.
Salih: Okay, and also the third thing is, there is a complaint about the fire station itself,
because they think this is very close. They....they believe, yeah, they need a fire
station on that side of the city,but they think if there is a better place for the fire
station. I don't know how we thought about that or that only place we can put a
fire station on that area.
Fruin: Well we...we've identified a need for there, and Deputy Chief Nurnberg's'here.
He can speak to the Fire Department's needs. We've been lookin' in this area for
quite some time. Uh, obviously a lot of the land is developed. We can't choose
exactly where we'd like to place it if everything was a clean slate,but this is, uh,
this is a pretty darn good location for us. Uh, it will serve our coverage of the
South District, and even as we look at....as we expand south, we'll have good
coverage. It provides good overlap into our higher risk areas,particularly the
downtown. So, uh....uh, an overlapping call in the downtown,this would be a
well-situated fire station to respond, and then we're just right up the road from
McCollister, which long-term will provide great east-west connections, uh, along
with Highway 1, 6. So we feel it's an ideal location and,uh, and frankly I think
it'll be an asset to the neighborhood.
Salih: Okay. That's all.
Throgmorton: Any other? Do you wanna say....the only thing that really concerns me about the
development, their proposal, is the crosswalk and that's not gonna lead me to vote
against the proposal, but I...it's not ideal, that's for sure. So....hopefully we can
work that out in a better way over time, with the four to three conversion. Okay,
uh, no further discussion? Roll call please. Motion carries 6-0. Could I have a
motion to accept correspondence please?
Thomas: So moved.
Salih: Second.
Throgmorton: Moved by Thomas, seconded by Salih. All in favor say aye. Opposed. Motion
carries.
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10.b. Rezoning at the northwest corner of Moss Ridge Road and Highway 1
—Ordinance conditionally rezoning approximately 3.2 acres of property
located at the northwest corner of Moss Ridge Road and Highway 1,from
Interim Development-Research Park(ID-RP) to Highway Commercial(CH-
1) (REZ18-00022)
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Danielle.
Sitzman: Mayor(clears throat)this is a rezoning from Interim Development-Research Park
to Highway Commercial. The project site is located at the northwest corner of
Moss Ridge Road and Highway 1/North Dodge Street,just north of the Interstate
80 interchange. Urn, as I said it's zoned an Interim Development-Research Park,
which allows for,uh,non-urban development. Um, the applicant has proposed to
rezone this site to Highway Commercial.The intention of the development of a
gas station complex. The property could be rezoned at this time due to the
availability of public infrastructure. Um, this is the rezoning exhibit, showing the,
um, subject property and the zoning,uh, around it, the existing zoning around it.
Urn, the comprehensive plan, uh, does designate this area as Office-Research
Development Center, and the area's envisioned for office park uses,based on its
close proximity to I-80. The area is currently home to a number of Iowa City
major employers. Um, the proposed rezoning is consistent with the vision in that
it would provide commercial support services in close proximity to the, uh,major
employers,uh, and their employees, urn, in the area needing services near where
they work. Urn, there are several views here showing views from the site, uh,
looking out across Highway 1, looking north from Moss Ridge Road. The,uh,
subject property is on the left-hand side of this image. This is as if you're
standing at the site looking south,back down toward I-80, showing the existing
sidewalk,uh, that is across the street. This is looking again, uh, towards the site.
And,uh, looking,uh,back east from Moss Ridge Road. The subject property is
located in a flood plain,urn,the property owner has obtained permits to fill the
site, um, to remove the property from the 500-year flood plain. Compliance with
that would be,uh,reviewed with site plans. Urn,the site access and,uh, traffic
implications were reviewed as part of this rezoning application. Urn,the access to
the site would be via Moss Ridge Road, rather than the highway. Um, the
connection, the current street connection to the highway, would be closed as part
of this development, so access would be interior to,um, Moss Ridge Road.
(mumbled) there would be sidewalks...or there would be sidewalks required,urn,
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along Moss Ridge Road and also,uh, connecting to the 10-foot wide highway, or
10-foot wide sidewalk along Highway 1. So there would be a requirement for a
10-foot wide, uh, segment of,uh, sidewalk across the property. Urn,the site is
in...within a 15-minute walk or about a quarter mile from existing bus transit
service, and um,North Dodge/Highway 1 does have sufficient capacity for the
additional traffic this would generate. This is a concept that has been proposed
for the site, showing the gas, uh....building and canopies and a car wash. Um,
there's also storm water management,um, incorporated into this concept plans.
Um(clears throat)there is,um, also some preliminary landscape info...
information provided here, showing the intent to provide landscaping. So as I did
before, we'll kind of review the next steps for this application. We're currently in
the conditional rezoning, uh, stage here, shown in the orange text. Following this
there would be a plat that would be required,um, platting process,both
preliminary and final plats going first before Planning Commission, and then to
you, and then finally just final plat, only coming to you, and then a site plan
review stage. Um, so based on staffs analysis, the proposed rezoning is
consistent with the comprehensive plan and compatible or complementary with
the existing neighborhood. Application comes to you tonight with a
recommendation from Planning and Zoning Commission for approval, subject to
four staff proposed conditions. First, the closure and removal of the access road
off Highway 1 in favor of, uh, access off of Moss. Um, two that no building
permit would be issued until the City Council approves the plats. Um,third that
general conformance with that concept plan,um....um, be, uh, maintained, pri...
principally that the building must occupy the corner of Moss Ridge Road and
Highway 1, and finally that installation of 10-foot wide sidewalk along Highway
1, as well as a pedestrian crossing at the intersection, uh, where the traffic signal
is, and pedestrian ramps on the northern and southern portions of Moss Ridge
Road. That concludes my staff report.
Throgmorton: Are there any questions for Danielle?
Cole: How many gas stations are in this area?
Sitzman: There's one adjacent to it,uh, on the south side of the intersection and then
a...other than that I have a feel that there's another one nearby to the south. It
being on the interstate interchange, that's not uncommon(both talking)
Cole: ...typical gas station, are there any bells and whistles that....(both talking)
Sitzman: ...the applicant answer that question for you.
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Cole: Okay.
Throgmorton: Any other questions for Danielle? Thank you. Would anyone else like, maybe
the applicant, care to address this topic, I mean, you don't have to, of course,
but...hi, John!
Yapp: Good evening, Mayor, Members of Council, uh, John Yapp, representing Allen
Development. (clears throat) Uh,thank you, Danielle, for your report. Um....
regarding the uses on the site, uh, this is an illustrative concept plan,uh,meaning
we laid out the site to see what kinds of uses we could fit on the site. We don't
have any tenants signed yet. Uh, but the....the gas station shown here is the
footprint of the Fresh Market, uh, Kum n' Go on Benton Street. Uh, it's that
footprint,uh, of a building. Uh, we've also been talking to, uh, what I'll call fast,
casual restaurants that we think would do really well in this office park setting.
Uh....restaurants such as Panera,uh, Bruegger's, Panchero's, uh,those types of
businesses. Um....we have committed to a, uh....uh, of course landscaping, uh,
above and beyond what would be required by the City. Uh, that would be
reviewed at the site plan level, with the staff. Uh, this is little bit of background,
this is a fully signalized intersection,uh, that's been in place for several years.
Um, this particular parcel, the hash marks to the north of it, those represent the
Rapid Creek,uh, floodway. So this parcel is isolated from the rest of the larger
office park, uh, due to that Rapid Creek corridor. So we saw that and thought it
was a good opportunity for commercial zoning that could serve that employment
center,uh, as well as the traveling public. Glad to take any questions.
Throgmorton: Any questions for John?
Cole: Are there any(mumbled) it's going to be a gas station. Any particular amenities
other than a gas station or is (both talking)
Yapp: You know we haven't signed any tenants yet, so I can't (both talking) say for sure
that it will be a gas station.
Throgmorton: Could be something more than a gas station, I think that's what I heard John say
(several talking in background)
Yapp: Okay. Thank you.
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Throgmorton: Thanks, John. Uh, anyone else want to address this? Okay, if not, are y'all
inclined to support this rezoning? I think I hear a(laughs)hear, see(several
talking) see a majority of people nodding yes and are inclined to support it. Okay,
with that I'm going to close the public hearing. (bangs gavel) Could I have a
motion for first consideration please?
2. Consider an Ordinance(First Consideration)
Salih: Move.
Thomas: Second.
Throgmorton: Moved by Salih, seconded by Thomas. Discussion? (laughter)
Thomas: Well I, you know, I'm,uh, a big fan of Allen Homes. I think they do some of the
most, uh, interesting development work in Iowa City. So this is sort of a, you
know, a real....uh, I don't know how to describe (laughs) It'll be interesting to see
how you can take a project which doesn't seem to have much pizzazz to it or
potential for pizzazz and uh...make it into something that, you know,has....has
some appeal to it. Urn....so I'm supportive of the project and it'll be interesting to
see how this develops.
Cole: I think my,um....response is probably more visceral than it should be. I just think
we have so many gas stations throughout the community(mumbled) doesn't really
excite me. That said,um, in the future we have to plan in terms of what it's going
to look like, in terms of the commercial development, and I think there will be
more high-intensity development here. So....(sighs)I'm not overly excited about
it, but um.....yeah, so I just have some concerns about it. So I'm probably going
to vote no, at least at this point.
Throgmorton: Anyone else?
Taylor: Well I echo Rockne's concern about another gas station, cause I was kind of
excited about the project at first,thinking oh, this underdeveloped area,uh, to
blend in with the rest of the, uh, area there,uh,but then when I saw the potential
for gas station, cause I know there's one very close to that, and I....I don't like to
see, you know, a gas station on every corner, every other corner,but I would hope
to see that,uh, it's developed into something more than that,but otherwise I'll vote
in favor of it.
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Teague: This'll be comin'back to us once there is a design, is that correct?
Throgmorton: This is...this is,well yeah, for the preliminary plat. Danielle,that's right
(mumbled) for the preliminary plat? We don't have much....(several talking)
Dilkes: ....a design at the preliminary plat(both talking) certainly not required. I...I think
one thing to think about that, I mean we're doing a rezoning to commercial, and
it's our code that establishes what we allow in a commercial zone. So....I think
you need to keep that in mind. I mean they may put a gas station,they may put
something else that's allowed in a commercial zone(both talking)
Throgmorton: Could put a clothing store there(laughter)
Dilkes: Right. I mean(several talking) I mean we...we typically don't,while we get into
design, we typically don't by CZA limit, take uses out of a zone that are otherwise
allowed. Um, so....
Salih: I guess that make sense, to me at least, and I think...yeah, you know, the gas
station(unable to understand)too much gas stations in a certain area,we should
come up with another solution, and then(unable to understand)but as long as this
is something allowed by the code, they are not violating the code and I will be in
favor of supporting this project.
Teague: Did I just hear you say that we're going to change the code...no (several talking)
Cole: You could do a conditional use, if you wanted.
Dilkes: We....we(several talking)we typically don't with CZAs,because if you do that
too much it kind of....throws your whole zoning scheme into kind of....a mess.
(laughs)
Cole: Yeah.
Salih: Okay.
Throgmorton: Okay. So.....I'm in a position rather like Rockne on this. Uh, I'm gonna vote for
the rezoning. This is first consideration. Uh,but without enthusiasm, and this is
not a criticism for the owner or developer in any way. Uh....uh, it's more of
a....um, acknowledgment of....what I think is a situation. Uh,this is a perfect
situa....uh, location for a commercial facility that would serve people who are
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commuting,by car, in from farther north on Highway 1,uh, or goin' out,uh, so I
mean it....in that sense, yeah, we'll approve the rezoning. I don't....I don't think
it's going to serve us well, I don't mean...I'm not criticizing the in...the individual
proposal here. I don't think it's going to serve us well over the decades,uh,unless
at best,you know, if there's a service station there, it's got....uh, electric vehicle
recharging station, I mean we need to transform how we're developing on the
fringe, and I think this is a place where Jesse bein' a creative guy and with the
help of John, y'all could come up with somethin' and I'd love to see,uh, some of
that creativity applied. Um,that said, I....I'm gonna support the rezoning. Any
other discussion?
Teague: I just wanna make sure I'm clear, that whatever they decide to do when it comes
back, we'll be....we vote on that, is that correct?
Dilkes: No (several talking) What....what you're deciding tonight is whether commercial
zoning is appropriate at this location, and(both talking) if you (several talking)
vote two more times to do that, then they will be allowed to put whatever use is
allowed in a commercial zone(several talking)
Throgmorton: But they will have to come up with a preliminary plat, which will have to be
reviewed by the Commission(both talking)
Dilkes: ...come up with a preliminary plat,which will provide....which will provide for
separate lots, but they're....you're not gonna...you don't see in a preliminary plat
the structures that are gonna go on.
Throgmorton: Yeah, so we're not really(several talking)
Mikes: This is really it! (several talking)
Throgmorton: This is it! Okay, further discussion?
Salih: No.
Throgmorton: Hearing none, roll call please. Motion carries 5-1.
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10.e. Zoning code amendment related to minor amendments to address
inconsistencies—Ordinance amending Title 14,Zoning Code of the Iowa City
Code related to clarification on code language in multiple sections. (ZCA18-
00004) (Second Consideration)
Throgmorton: Could I have a motion to give second consideration please?
Salih: Move.
Thomas: Second.
Throgmorton: Moved by Salih, seconded by Thomas. Discussion? Danielle?
Sitzman: So, Mayor, there was some additional material provided for you this time, based
on questions raised at the previous meeting, um, including a memo that gave more
information on the 2013 ordinance. It allowed for expanded uses in the Intensive
Commercial CI-1 zone. Uh, code comparison of the currently permitted uses in
the CI-1 zone and the Community Commercial CC-2 zones, and an explanation of
the provisions applicable to the, uh, specific business requesting changes, goPuff,
uh, there was also a map provided, uh, showing the location of the CI-1 and CC-2
zones, as well as its relationship to the areas that, urn, require separation between,
um, bars and places selling,uh, alcohol for off-premise consumption. So we hope
that that additional information answered most of your questions. If not we can
discuss it further and I can put the map up if it helps.
Throgmorton: Okay,thanks, Danielle. (mumbled) follow up questions with Danielle? Okay, I'm
not hearing any. Would anyone else like to address this topic? Gustave.
Stewart: Hi, how are you? Urn,my name is Gustave Stewart, um, Student Liaison. Um,
you had asked me to, uh, talk to Tonya Villhauer and kind of see, um, kind of
what's....what we think about this, and essentially we don't see this as, um, that it
would increase access to alcohol,urn,because delivery is currently already
allowed in other commercial entities and we both came to the agreement that it
wouldn't have an effect. Thank you.
Throgmorton: Okay. Great. Thank you, Gustave. Thanks for checkin' with her!
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Mikes: I should just mention that Simon (mumbled) Simon and I talked to her by phone
too and....and went through the whole thing, and that was the conclusion
(mumbled)
Throgmorton: Okay. Thanks! Okay, uh, anyone else want to address this? Not seeing anyone,
uh, Council discussion?
Teague: I....the home delivery requirements is 10:00 P.M. is the last delivery and so, um,
for un...unopened containers of alcohol to be delivered, seven days a week, so...
and it's up to the business to ensure that they're delivering to a person 21 and over
so...I....I don't have any concerns.
Throgmorton: Yeah, those are provisions of State law, right? Yeah. Anyone else?
Cole: I still have...I still have the same concerns. I still think we are expanding and
facilitating access, in particular my concern is the hard liquor. I know it's
authorized in other contexts. It may be an oversight,but I don't think we should
facilitate that. Um, I just don't think the case has been made that we need to
facilitate this, but we're likely not going to be successful with that, but that's...
remains my position.
Throgmorton: Okay. Anyone else? Hearing no further discussion, roll call please. Motion
carries 5-1.
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11. Highway 1 Trail—Sunset Street to Mormon Trek Boulevard—Resolution
approving project manual and estimate of cost for the construction of the
Highway 1 Trail—Sunset Street to Mormon Trek Boulevard Project,
establishing amount of bid security to accompany each bid,directing City
Clerk to post notice to bidders, and fixing time and place for receipt of bids.
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Hey, Jason,how are ya?
Havel: Doing well, good evening. Jason Havel, City Engineer. Uh,just briefly wanted
to give you a few,uh,points on this project. As the item mentioned, it will install
a new trail along Highway 1,between Sunset and Mormon Trek. It'll be a 10-foot
trail that will be located on the north side of the Highway 1 corridor. This will
extend the trail that exists to the east of this section,uh,it will tie into the wide
sidewalk that currently exists along Mormon Trek. Urn, as part of this will also
be a connection to Willow Creek Drive,which will allow for the Willow Creek
connector that was identified as part of the bicycle master plan. So,uh, lookin' at,
uh,bidding later this spring, and then construction yet this year. With that....
Cole: How many miles will it be all together,the....
Havel: I don't know offhand. It would probably be, I would say probably in the
neighborhood of about a couple.
Throgmorton: Okay, any questions for Jason? Thank you. You've been very patient. (laughs)
Okay, anyone else want to address this topic? Seeing no one I'm going to close
the public hearing. (bangs gavel) Could I have a motion to approve please?
2. Consider a Resolution
Salih: Move.
Thomas: Second.
Throgmorton: Moved by Salih, seconded by Thomas. Discussion?
Taylor: I'm excited to see this,but I think I've talked to you, Jason, about this before. Just
driving along there, it seems like it's going to be kind of a geographic challenge
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to....to get that,uh, path put in there, but it's going to be a great.....great thing to
do.
Throgmorton: So we'll have to get our bikes out this spring! (laughs) Any other discussion?
Cole: You know with the bike master plan, sometimes it's almost like just sort of a
puzzle, you know,in the sense of putting all these different pieces together. Um, I
just want to commend the bike community for the hard work that they've done in
terms of the advocacy over the years. We don't really have to get into a lot of the
details because we have the confidence that our biking community that
collaborates with our staff is really gonna have the vision, and the patience, to
make this stuff happen. We'd all like to move biking trails more quickly. We
have limited resources and it's just nice to see each one of these incremental steps
over time, and we are getting close to warm weather. It's going to get warm at
some point, so....great work, guys!
Throgmorton: Yeah,promises,promises! (laughter)
Cole: Famous last words!
Throgmorton: Any other discussion? Hearing none, roll call please. Motion carries 6-0.
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12. West Riverbank Stabilization—Resolution approving project manual and
estimate of cost for the construction of the West Riverbank Stabilization
Project, establishing amount of bid security to accompany each bid, directing
City Clerk to post notice to bidders, and fixing time and place for receipt of
bids.
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) You again!
Havel: Back one more time! Uh, the West Riverbank Stabilization Project, uh, I'm sure
you guys remember we bid this not too long ago. Uh, we'll be rebidding this
project. When we originally bid the project, uh,bids had come in high, so after
that we had....kind of reached out to contractors to try and figure out what was
going on there. It sounds like it was an issue with the retaining wall that was
proposed, and really more so the foundation, um, and there was some uncertainty
there and I think the bids reflected that. So we've gone back and, um, shortened
that up and really provided some more clarity on what we're expecting with that,
uh, and looking to rebid the project. It is....essentially the same project, so again
we're focusing on the bank stabilization on the west side of the river,just north of
Highway 6, um, so it would involve rip-rap and that type of treatment on kind of
the lower portion of the bank, and then construction of a retaining wall that would
also allow for a future trail on top of that segment as well. Urn, so with that,
happy to answer any questions!
Throgmorton: I'm not hearin' any. Thanks, Jason.
Havel: Thank you.
Throgmorton: Anyone else want to address this topic? Seeing no one I'm going to close the
public hearing. (bangs gavel) Could I have a motion to approve please?
2. Consider a Resolution
Thomas: So moved.
Salih: Second.
Throgmorton: Moved by Thomas, seconded by Salih. Discussion?
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Taylor: Think as I've said before, uh,with our investment that we have in the Riverfront
Crossings area, this only makes sense to do this and I think it....it'll be a nice
complement to the Riverfront Crossings area. So I think it's a great idea.
Throgmorton: Further discussion? Hearing none, roll call please. Motion carries 6-0.
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13. 2018 Building Code Update—Ordinance amending Title 17, Chapter 1,
Building Code,by adopting the International Building Code,2018 edition,
including Appendix K, and the International Residential Code,2018 edition,
including Appendix F and Appendix J, and providing for certain
amendments thereof; adopting section 103.6(1)(a) of the Code of Iowa(the
state electrical code) and section 105.4(1)(a) of the Code of Iowa (the state
plumbing and mechanical codes); to provide for the protection of the health,
welfare and safety of the residents of Iowa City, Iowa. (Second
Consideration)
Throgmorton: This is second consideration but staff has requested expedited action.
Thomas: I move that the rule requiring that ordinances must be considered and voted on for
passage at two Council readings,meetings,prior to the meeting at which it is to
be finally passed by suspended,that the second consideration and vote be waived,
and that the ordinance be voted on for final passage at this time.
Taylor: Second.
Throgmorton: Moved by Thomas, seconded by Taylor. Discussion? Uh,hearing none, roll call
please. Motion carries 6-0.
Thomas: I move that the ordinance be finally adopted at this time.
Salih: Second.
Throgmorton: Moved by Thomas, seconded by Salih. Discussion? I think I wanna mention
again that I think it's, uh....I really hope that the State adopts the 2018....in 2018
adopts the 2017 update to the electrical code, or the energy code,the energy
portion of the building code, so that we can have the most contemporary, current
standards applying. (mumbled) that would be much more consistent with our,uh,
climate action plan than sticking with the 2012 version. But,we cannot do that.
The State has to do it. Any other discussion?
Taylor: Well there's certainly a lot of language in this,uh...but I appreciated the letter
from the, uh, Greater Iowa City Area Homebuilder's Association in support of
this, cause I....I value their opinion and their expertise on this, and, uh, as you're
alluding to, it does help to get us inline with...consistent with the State codes.
That's good!
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Throgmorton: All right,hearing no further discussion, roll call please. Motion carries 6-0.
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15. Community Police Review Board Amendments—Ordinance amending Title
8, "Police Regulations", Chapter 8, "Community Police Review Board",to
provide for changes in procedure and enhance opportunities for conversation
when the conclusions of the police chief and the Board differ. (First
Consideration)
Throgmorton: Could I have a motion please?
Thomas: So moved.
Salih: Second.
Throgmorton: Moved by Thomas, seconded by Salih. Discussion? Uh, we've already processed
pretty thoroughly this particular topic in a work session, and the....the basic idea
is to facilitate interaction with the....with the PCRB and if....if there are
circumstances when they disagree with,help me out here! What's the language?
Disagree with....
Dilkes: If the...they come to a conclusion on a complaint that's different than that of the
Police Chiefs conclusion,then they'll....they will meet with the.Police Chief and
confer about it,before the report comes to Council.
Throgmorton: And also,yeah and then....but it will then be, uh, a separate item on our agenda.
Dilkes: And...and Council...that's not in the ordinance,but Council,you directed Coun...
or you....you directed staff to put that on your regular agenda,rather than your
consent agenda.
Throgmorton: Great! Thank you. Okay,uh, any...Council discussion?
Salih: I think, you know, we at least we done a move on this by not agreeing 100%with
the...maybe with what they request,but uh, I really was hoping that if we could
agree to everything,but I think this is really good move toward like positive
change and urn, I appreciate that and just...I will be really in support of this!
Throgmorton: Okay.
Cole: I just wanna give a shout-out to Orville Townsend, Monique Galpin, and everyone
at the Citizen Review...Police Review Board. We ha....in our work session, I
won't go over all the particulars,but it was a great collaborative demonstration of
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residents working with their Council to develop an enhanced policy. Urn, I think
of what we did this evening, I just wanna see more of that. Citizens,if you have
concerns what's going on with the City Council,reach out to usu, co-create, give
us policy advice, and I think this particular board, the way that we did that, I think
it was a real,uh,joy to see that work, and it's fun to be able to vote on it and
improve that policy.
Teague: What I liked is,uh, as you mentioned tonight and even then,um, there was, um,
collaborations, and I think that's important, uh, when we're makin' decisions. It's
actually to get some input, ask some questions. Um, oftentimes I feel when we're
doin'our work session, we're not including the voices of the community, and I
think,um, that's a little bit,um, we could potentially backtrack when we go into
formal session. So, um, I.....I do appreciate the collaborla...the collaboration that
happened here for certain.
Throgmorton: Anyone else? Hearing no one else,roll call please. Motion carries 6-0.
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16. Moss Ridge TIF Ordinance—Ordinance providing that general property
taxes levied and collected each year on certain property located within the
Moss Ridge 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 the Moss Ridge Urban Renewal Plan. (First Consideration)
Throgmorton: Could I have a motion for first consideration please?
Thomas: So moved.
Cole: Second.
Throgmorton: Moved by Thomas, seconded by Cole. Hi,Wendy!
Ford: Good evening, Mayor, Council.
Throgmorton: Please...please explain,because this is new to some people.
Ford: Sure! I'm Wendy Ford, Economic Development Coordinator, and tonight you
have before you an ordinance to consider a TIF ordinance, and a TIF ordinance is
part of an urban renewal area, and let me back up just a little bit,by reminding
you that in 2010, the Moss Ridge urban renewal area was formed at the,
essentially the northwest corner of the intersection of I-80 and Highway 1, kind of
up and back behind Pearson on about 170-ish acres of...of land owned by the
Moss family. That was established because back in 2010 we....we thought there
was a....a development of an office park that was due to happen sometime in the
coming years and,urn,we thought we would like to be able to help incentivize
that, and so the first step to do that was to establish the urban renewal area. A
second step,um,is critical to,uh,projects that develop or,urn, let me back up
again. Uh, the second step establishing a TIF ordinance actually enables the City
to use new taxable value created in the urban renewal area,uh,to,uh, divert taxes
and help pay for urban renewal projects that they're interested in. Um, and back
when we formed the plan,we had a....we wanted to see an office park happen.
Um,we...uh, wanted to see the road that would service that office park happen.
Um, yet no developments ensued for all of those years. Well as you know from
your rezoning, uh, item a couple of items back,there is now a project that will fall
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into the urban renewal area at the Moss Ridge urban renewal area site. Uh, that
....that parcel is about 3.2 acres I think it is, so a small portion of the entire....
Moss Ridge urban renewal area. We are talking about putting a TIF ordinance
over just that parcel to enable us to use the increase in taxable value created by
that project, or the project that eventually develops there, uh....uh,to be able to
use the property taxes that come in to help pay for the road that we installed in
2015, and if you'll remember, uh, the City paid for a$4.9 million road, uh, in part
with funds from the IDOT, a RISE grant, and in part with funds from our own
general fund. All those years we've wanted to pay ourselves back for, uh,
installing the cost of the road by using the increase in taxable valuation and the
taxes that come in from that to repay ourselves. So here now we finally have a
potential project coming on this little corner lot. We are, uh, we would like to
establish a TIF ordinance for that little corner lot, that will enable us to use the tax
dollars that come in off of that property, one...once developed, to...help pay for
the....help pay for the cost of the road. Essentially that's what we're doing. Does
that....is that understandable? (several talking in background) It is! (laughter)
Salih: I just wanna make sure I understand it right. Now what we doing,we have the
urban renewal area, which is we pass in 2000-something, and now we are...wanna
create a TIF district....
Ford: Uh huh!
Salih: ...which is will be the Moss Ridge TIF district, only that area.
Ford: Uh huh, only for the one little area of the new development.
Salih: But in the future, we can have another area on the same...and if you can come up
with something different.
Ford: Yes! And one of the reasons for doing it,uh, as properties appear to be coming,
uh, to being developed is because TIF ordinances have a 20-year life span and
then they're over. So it wouldn't have made sense for us to establish a...a TIF
district 10 years ago, without the prospect of...pretty good prospect of having a
development happen,because those years are then ticked off the clock.
Salih: Oh(mumbled) makes sense.
Throgmorton: Wendy, am I correct in assuming that there are no currently active plans to
redevelop that area that used to be called the Moss Ridge Project?
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Ford: There's....I.....I think there's several people looking at ways that they could make
something happen. We've talked to probably six different developers or
combination of developers over the years. They're all interested. Um, so to say
there is nothing going on, I don't think is quite true,but uh, this, the one you heard
tonight is the one that is going, the only one that's going on to this level yet.
Throgmorton: Okay, thanks!
Salih: And I just wanna ask you also....that....the urban renewal area, the whole area, it
also called the Moss Ridge urban renewal area?
Ford: Yes!
Salih: And also this is called the TIF district for Moss Ridge?
Ford: Exactly!
Salih: Okay. (laughs)
Throgmorton: It's kind of a rabbit hole(laughter) All right, any further questions for Wendy?
Thanks. Maybe a question will pop up. Anyone else want to address this? All
right, seeing no one, uh.....let's see we already have a motion for first
consideration. Council discussion? I'm not hearing any. Roll call please. Motion
carries 6-0.
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17. Fire Department Automatic Aid Agreements—Resolution authorizing the
City Manager to sign and manage separate Automatic Aid Agreements with
the cities of Coralville and North Liberty to render mutual aid in building
fire calls.
Throgmorton: Could I have a motion to approve please?
Thomas: So moved.
Cole: Second.
Throgmorton: Moved by Thomas, seconded by Cole. Discussion? Good evening!
Nurnberg: Good evening! Uh, thanks for consideration of this, folks. The, urn....
Throgmorton: Please just, for formalities, state your name.
Nurnberg: Uh, Eric Nurnberg, Deputy Fire Chief. And, urn, so all three agencies have some
challenges near their borders, assembling,uh, an effective fire fighting force
quickly, and as you know we have mutual aid agreements with...with,um, with all
of these agencies in the county. However, uh, the mutual aid agreement obligate
the responding agency to arrive on scene before they summon the help of mutual
aid, and so Iowa City would have to get to the fire first and put their eyes on it
before requesting assistance. Uh, we just recognize, uh, that all three fire
departments, that we can provide service so much better if we would just
automate that, uh,process, and so near our borders, we would...we would just
automatically be dispatched to one another's fires. Urn, this....this would not be a
great burden for any agency, uh, at all. Probably, uh, last year maybe three fires,
uh, where Coralville would have assisted us on an automated aid. Uh, may....
maybe one or two,uh, for North Liberty, and those numbers are just about the
same going the other way, uh, in terms of us providing service. So, um,that's it
and...and that's all. These are fires that we're going to help each other on anyway,
uh, it....it just allows us to help one another much more quickly.
Throgmorton: Great idea! Any questions for Eric?
Nurnberg: Thank you!
Throgmorton: Thank you. Anyone wanna...anyone else want to address this? Seeing no one,
Council discussion? Roll call please. Motion carries 6-0.
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18. Assessing civil penalty, Kum& Go#422—Resolution assessing$300.00 civil
penalty against Kum& Go#422
Throgmorton: Uh, I'd like to invite anyone who wants to address this topic to come on up. Good
evening!
Faulkcon: Hello.
Throgmorton: How ya doin'?
Faulkcon: I'm okay.
Throgmorton: This is your first rime to do this, isn't it? (laughter)
Faulkcon: Absolutely! (laughter) (mumbled)Faulkcon, I'm with Iowa City Police
Department. Uh....
Throgmorton: Sorry, could you say...I didn't hear it!
Faulkcon: Brandon Faulkcon, Iowa City Police Department.
Throgmorton: Thank you, Brandon.
Faulkcon: On....November 12th I was working with Sergeant Batcheller and we did a
tobacco compliancing. We went to 731 Riverside Drive,which is Kum n' Go. We
sent a, uh, 17-year-old minor inside to purchase cigarettes. The cashier did not
card her. He, after, uh, we spoke with him and um,he pretty much just said she
looked old enough and he just didn't card her. So we issued the citation.
Throgmorton: Any questions for Brandon?
Salih: I just wanna make sure that using children that they....they look like their age.
Faulkcon: Uh(both talking) I, for me that's kind of hard. I have a son that's like taller than
me and he's 13, so (laughs) I....I believe that she...she looked like she was in high
school. So she did not look like a....uh, she was anywhere over 17.
Salih: Okay. And I see here....it say this is for first violation within two years period to
the (unable to understand) You mean like if they done it again it will be
something else,more than the 300?
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Faulkcon: Yes.
Throgmorton: What will it be, do you know?
Faulkcon: I believe it's 1,500. But I can't say for sure.
Throgmorton: Yeah.
Salih: Sure.
Dilkes: I think it goes to 1,500 or they can choose a suspension.
Salih: Oh, okay! (both talking)
Dilkes: It's graduated.
Salih: So they will learn from that(mumbled) (both talking)
Dilkes: And, urn,he...the person was convicted who sold?
Faulkcon: Yes, that was done December 23t,uh, guilty by court.
Dilkes: Okay.
Salih: Okay.
Throgmorton: Okay. Any further questions for Brandon?
Salih: Thank you.
Throgmorton: All right, anyone else want to address this? Simon? Zach? (laughter) All right,
uh, so....let's see now, could I have a motion to approve please?
Salih: Move.
Teague: Second.
Throgmorton: Moved by Salih, seconded by Teague. Discussion? Hearing none,roll call
please. Motion carries 6-0.
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21. City Council Committee Appointments—Applicants MUST reside in Iowa
City and be 18 years of age unless specific qualifications are stated
21.a. Civil Service Commission
Throgmorton: We have Item 21.a. Civil Service Commission, one vacancy to fill an unexpired
term upon appointment to the Civil Service Commission. There's no gender
balance requirement. We have two applicants—Stephanie Houser and Angel
Taylor(several talking in background)Angel Taylor. So what's your preference,
folks?
Salih: I really would like to recommend Angel Taylor.....to this position.
Teague: So when I read the applicant's, urn.....Angel served on the Housing Commission
board, if I'm not mistaken.
Throgmorton: Yeah, I think so.
Teague: And one of the things that we've been sayin'is we would give, uh,people who
haven't served on a board before an opportunity. Um,while readin' Stephanie
Houser,uh, she hasn't served on anything, urn, young(laughs) 25-years-old,um, a
graduate research assistant,but there's somethin' about her experience that kinda
reached out to me, as far as like,urn,her desire to actually serve. So as a youth
she was a member of a....of, uh, a(mumbled) youth court,urn,which she was
kind of a mediator,urn, for....which is an alternative to family court for juveniles
who commit misdemeanors,where they're represented prosecutin'judge and
sentenced by their peers. Um, so that's....she's been involved in that. Um,when I
read through, you know, her desire to serve, I...I feel like she's a candidate that has
been servin' in the past. She's even done some mentorship for a middle school
science program in Illinois. Um....I.....I think she would be,from my reading,
uh, a good candidate just....one, because she hasn't served. She does have the
desire to serve, and we wanna give people the opportunities to serve.
Thomas: It....it seemed to me that she expressed more specific interest in the Civil Service
Commission.
Teague: Yes!
Thomas: So in that regard, I was kind of inclined....to support her.
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Taylor: Yeah, she had applied also for the HCDC, but said she prefers the(mumbled) The
only drawback I thought, she'd only been in the Iowa City area for six months,but
that could also be a positive, that she's been here a short time but she's expressin'
this interest. I did like what she had to say about why she, uh, is interested in this,
uh, committee and her knowledge of it and her experience, uh, and Angela's good
and I commend her for having served,but uh, you are right—we are trying to, uh,
get a mixture of folks on these commissions.
Throgmorton: Yeah, I noticed this particular position, uh, expires basically three years from now
and....uh, Stephanie Houser is, uh, a graduate research assistant, uh, I don't know
what that implies for the likelihood that she will be here for the full three-year
term. I don't know. I'm just puttin' that out there. I don't have strong feelings
about that. With regard to...uh,Angel Taylor, uh, one thing that concerned me is
that she applied for two other commissions and ranked them above the Civil
Service Commission. So,uh, that made me think, I don't know if it's true,but it
made me think that she'd prefer one and then prefer the second one, over Civil
Service Commission.
Salih: Makes sense.
Throgmorton: So...yeah, so anybody else wanna contribute any thoughts that might help us
decide here? Uh, well I've heard, what....one, two, how many people for, uh,
Stephanie Houser? Three people for Stephanie, one for Angel Taylor so far,right?
Rockne, do you have an opinion?
Cole: Stephanie.
Throgmorton: Stephanie, okay, so uh, could I, uh, that sounds like we have a majority, uh, that
would prefer to appoint her. So, could I have a motion to appoint Stephanie
Houser to the Civil Service Commission?
Salih: Move.
Cole: Second.
Throgmorton: Moved by Salih, seconded by Cole. All in favor say aye. Opposed. Motion
carries.
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24. Community Comment
Throgmorton: Gustave, did you want to say anything?
Stewart: Hi, Gustave Stewart. All I'm gonna say is I'm excited for the Council listening
post, uh, next Monday at 5:30. So, a quick shout-out for that!
Throgmorton: You did a good job of, uh, publicizing it. Thanks for doing that! (several talking
in background)
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25. City Council Information
Throgmorton: Let's start with John and move to the right.
Thomas: I have nothing to report.
Throgmorton: Nothing to report. Okay! Uh, Pauline?
Taylor: Nothing.
Throgmorton: Bruce?
Teague: I'm gonna refer to...defer to you to report on Washington, which was an awesome
awesome time.
Throgmorton: And amazing!
Teague: Yes!
Throgmorton: Maz?
Salih: No I have nothing.
Throgmorton: Rockne?
Cole: So,um.....I wanna just briefly comment on something that came up a week ago,
reference a, uh, we all suffered through some very, very cold weather. The polar
vortex, and unfortunately we had a situation where,um, a bar,won't name the bar,
um,but decided it would be a good idea to have,uh, drink specials. Um, I'm
extremely disappointed with that. I believe that that was a reckless decision,uh,
caught putting people in great peril. Um, we want our students to have a good
time downtown. We want them to experience the wonderful nightlife in the City
of Iowa City, and we want the bars,uh, to thrive downtown, and uh,have
maximum flexibility in terms of how they,uh,run their business,uh, and we'll be
as hands-off as we need to be. Um, this did give me significant concerns, as well
as a lot of people. Um, it's extremely unfortunate and I....I think we, in my view,
not like I wanna(mumbled)we talk about our work session I'll bring it up
separately in terms of future work session topics,um,but just extremely
disappointed, and I know that some people have reached out to that particular
commercial entity and shared their concern,uh, the way that they did have that
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drink special. Um, so that's all I wanted to sort of share with them, and I'm sure
upon further reflection, I don't think there was any bad intent by their, urn....uh,
actions, uh, but I....I just think we all need to be very cautious and I'm sure that as
(mumbled) think about it, they really realize what a...what a bad decision that
was. So, that's' all I have in reference to that. Urn, hopefully we are able to get
through this, uh, next cold snap that we're gonna have. At least it's not going to be
quite as cold. Urn, so that's pretty much all I have at this point. No other events
(both talking)
Throgmorton: I wanna agree with what you said, Rockne. I think it was a profoundly bad
decision, and the...the very idea of enabling people to drink alcohol and then walk
home when it's that cold, it's just a really profoundly bad idea, so thanks for
speakin' out about it. All right, well I guess that brings it to me. Uh, so....I'11
mention four things and then I want Geoff to speak a little bit about the State
legislature and State legislative action. Okay? So.....Matt Hayek and I were
interviewed about Iowa City's experience with and recovery from the 2008 flood
a few days ago in this room, kinda back where Simon is sitting. We were
interviewed by two representatives of the Association of State Flood Plain
managers. It was pretty fun to do. I don't know how it's gonna come across on
(laughs) on video or whatever,but it was pretty fun to do. So I wanna thank Matt
for joining me and thank Simon and other staff members who were preparing the
talking points that obviously helped us get through that particular interview. I was
also interviewed....sitting in this seat over here by Yassine Caberis, who's a third-
grade student at Weber Elementary. He was sitting in this chair, uh, sort of
imaging he was Mayor, and I was sitting over here. He was interviewing me,
which was fun. He asked me a series of questions and I responded. Uh,his father
enabled that. So it was really great fun to do. I hope you all have the opportunity
to do something like that in the future. It reminded me of when I was an eighth-
grade student in Kentucky and our eight-grade class went to the State Capitol in,
uh, Frankfurt, Kentucky, and I met the Governor, Happy Chandler. Yeah, who
used to be the baseball commissioner way back when,but I met Happy Chandler.
He had the biggest, fattest,hottest,reddest hand I've ever touched in my life!
(laughter) That's (laughs) one thing that has stayed with me for how many years
is this now? Quite a long time! So there's that, and then to Bruce's point,uh, on
the 23rd through the 26th of January, I had an opportunity to attend the US
Conference of Mayors and Bruce and I had an opportunity to attend the Mayors
Innovation Project meetings in Washington, D.C. So....flight delays and bad
weather and all that caused me to miss the first day of the US Conference of
Mayors'meeting,but otherwise it went really well. Had a interesting short
conversation with Senator Grassley at the Minneapolis Airport. It was fun to do.
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He was goin'back to D.C. to vote. I wonder what he was going to vote on? He
was going to vote on the shutdown! So, he had been called back to do that. On
the second day, or when I was actually there, I attended a couple (mumbled)
sessions, was interviewed by TV and radio reporters, including Iowa Public
Radio,had an excellent meeting with Representative Abby Finkenauer,had...she
was so excited about the committee appointment she got. Really pumped about
that. I had a surprising conversation with Senator Cory Booker,uh,probably
having something to do with the Presidential Caucus situation. Bruce and I toured
the Capitol Building with the help of two staff members from Dave Loebsack's
office. That was really fun to do. There were parts of that building I had not seen
before. And then we met with Sherry Kuntz. That's right, isn't it,Kuntz? Of
Senator Grassley's staff, and had a lengthy and I think very productive
conversation with her about things we're happy that the federal government and
the Senator were able to help us with, and some things that are sort of on the
horizon that we would want them to know about. So, that went great. That
evening I had an opportunity to attend the, uh,whatdaya call it, the, uh, a
reception for mayors at the Canadian Embassy, which has the greatest view of any
embassy in Washington, D.C., at least that's the way they talk about it. So it was
fun to be there. The next day I,uh, at the US Conference of Mayors, I witnessed
three arts' awards given to three separate people. Great artists who have made
terrific speeches. The two that really stood out for me were a painter from Char...
an African-American painter from Charleston, South Carolina,named Jonathon
Green. His paintings were stunning, absolutely stunning, and he made a brilliant
speech to follow up on that, and then a sculpture from basically the Reno,Nevada
area named Kate Raudenbush, and her sculpture was terrific, and she made the
best friggin' speech I've ever heard. I mean it was just really wonderful to hear,
and you can see it on video. So if you go to US Conference of Mayors, look at
recent events, there it'll be! The next day,uh, or that afternoon, Bruce and I
started participating in the Mayors Innovation Project. So it was excellent, as
typically is the case, I mean you might want to elaborate a little bit,Bruce,but
there were panel discussions by mayors and experts concerning, first, valuing
women's healthcare; secondly, climate change and transportation emissions;
thirdly, community engagement; and fourth,building a strong, diverse, and
resilient local business,uh, economy. So...or community. So that was terrific,
and the highlight, for me, in that event was hearing the former mayor of
Philadelphia,Michael Nutter, speak. I thought it was a very wise(laughs)
presentation, and I felt like I was...with every word I was learning from him, and
he was really funny too (laughs) Wasn't he, I mean....not a comedian, you know,
but he's just naturally funny. So it was really terrific to hear him speak. So there's
that, and I could say other stuff but...uh, I'll skip that because of the time. Geoff?
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26. Report on Items from City Staff
a. City Manager
Fruin: I'm gonna have Simon come up. He's our, uh, point person on State legislative
matters, so he'll give the update.
Andrew: Thank you very much! Simon Andrew,Assistant to the City Manager. Uh, a
quick update on this year's State legislative session. Uh, at this point in the
session it's a little bit like drinking from a fire hose. There are a lot of bills flying
about and it's really hard to, uh, predict which ones will gain traction. So, trying
to keep tabs on as many as we can at this point, uh,but certainly there's more out
there than has any chance of moving forward. Uh, we expect that the ones that'll
be the most concerning for us will come later in the session. Uh, there has been
talk of further property tax reform, which of course, uh, concerns us quite a bit.
Uh, those bills, anything having to do with tax policy, is not subject to the
legislative funnels, uh, so those frequently come at the end of the session. So,
we'll keep our eyes out for that and, uh, work with our lobbyists to, uh,make sure
the legislators know our positions, but uh, we would expect those to come later in
the session. Uh, a few bills that we're keepin' our eye on right now, um, and these
are in order of bill number, not in order of importance, so....uh, keep that in mind.
Uh, first one we're keeping an eye on is, uh, the regulation of wireless facility
installations by cities and counties. Um, we are looking at our right-of-way
ordinance long-term, um, and that's something that staffs been working on, and
that this would, uh, impact our ability to do that. Um, cities, uh, taking the lead
on it, Des Moines and Dubuque, already have ordinances in place that this
impacts quite(both talking)
Throgmorton: Simon, if I could, I talked with Mayor Cownie of Des Moines, uh, on the phone a
few days ago and he drew my attention to that and hoped that we were onboard
with what Des Moines is advocating.
Andrew: Absolutely! We don't have specific, uh, data as Des Moines does, since they're
farther along in that process. So they've been able to provide, uh, actual dollar
impacts for their city. Um, the Metro Coalition has registered against it; uh,
everybody in the Metro Coalition is on the same page with that one. So hopefully
we can, uh, either,uh, impact how that bill's written or, um,make sure that it
doesn't move forward! Uh, next one, uh, racial profiling, uh, law. Um, that is,
um, in its current form unlikely to move. It's something in principle we certainly
support and we're keeping our eye on it. Um,part of the....debate right now is
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what the definition of a stop is, uh, whether that's every,urn, interaction that an
officer has, say,with a pedestrian on the street, whether they have to get back into
a vehicle or to a computer to log that in. So it's more in the fine details of it, urn,
but again we're not,urn, we're not terribly optimistic that that one's going to move
forward. Uh, next we have, um....a property tax exemption for urban farms, and
this is one I'm keeping an eye on. I'm not sure if this is gonna have any legs or
not. Uh, it is proposed by a Republican, uh, in the House. So that makes it more
likely that it'll come out of subcommittee. Uh, there are several bills related to the
practice of massage therapy, which range everywhere from making it a serious
misdemeanor, to removing all State requirements for licensure. Uh, the one that,
uh, we're expecting has the most likelihood to move forward is the one that makes
it a serious misdemeanor, which wouldn't, uh, impact what we did here, uh,
locally recently,but there are a number of bills, um, having to do with(both
talking
Throgmorton: Sorry, it would make massage therapy(laughs) a serious misdemeanor?
Andrew: Oh, sorry! Practicing without a license (several talking and laughing) And the
other one would, uh, on the other end of the spectrum was a couple of bills in the
middle would remove all licensure requirements. So...um, yep! A broad
spectrum there. Um....again, fees in the public utility. Uh, a couple of bills for
stand-up scooters. So, uh, this is something that staff had been looking at, um,
with our bike share, uh, RFP. We had decided not to move forward with scooters
at this point, uh, but there are a couple of laws that are being, uh....uh, proposed
by the scooter industry or different vendors that, uh, do rental scooters, which
would remove some of our ability on how those are regulated. Um, ideally the...
the best language we've seen thus far would allow us to regulate them like
bicycles, which is ultimately where we think, uh, would be a good place to land.
Um, one that just came out last week, a bill for,um, restrictions on pre-existing,
non-conforming uses by cities and counties. Um, this, you know, if we say
changed a zoning use in a given zoning designation and, um....uh, something in
that, say we have a mobile home park that is destroyed by fire, tornado,
something like that, uh, would remove our ability to take out that non-conforming
use that if, um, even if that property needs to be rebuilt, if that was allowed there
in the past we wouldn't be able to, um, remove that again. It's, um, unlikely that
that one moves forward. Uh, one that we have registered against is one that
would, uh, require county and city property assessors to stand for retention
elections. Uh, this one has been broadly opposed by cities, counties across the
state. Uh, definitely not a good idea,urn, we don't expect that that will
necessarily move forward,but we need to keep an eye on that one for sure. Um,
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one that, uh, the Metro Coalition and League has registered in favor of is, uh,
relating to abandoned structures and abatement of public nuisances. Uh, would
expand cities powers and um...uh....addressing abandoned structures in their
cities. Uh,probably more useful for smaller towns, but um, certainly one we're
keeping an eye on. Urn, a bill that would add appropriations to the state-wide fire
and police retirement system, so that'd be State dollars going into there. The
League of Cities is registered in favor of that. Urn, one that, uh, we're not certain
will move forward,but we are keeping an eye on. This was in, uh, Council's
priorities from a previous year, uh, relating to the possession of marijuana. Uh, it
would lower the penalty for possession of less than a certain amount, I believe it's
five grams. Uh, so that's one that we will keep an eye on, and again this one's
different than the previous years in that it was proposed by a Republic, urn, and
then, you know, controlling both chambers, uh, that is a....a positive development
there. Urn, and the last one on my list that I'd planned to speak to tonight,
certainly it's a much more extensive list, if you have questions on any other bills,
urn,but uh, it's a fireworks legislation again,uh, which would remove our ability
to prohibit the use of fireworks, and the....it would prohibit us from, uh,
restricting where they are sold by zoning, uh, designation, as we currently do.
Uh, this is one that cities across the state are also working against.
Throgmorton: Thanks, Simon. I was going to mention the fireworks bill. I read two articles in
the Gazette today, one havin' to do with fireworks, and the other havin' to do with
the appointments to the Iowa Supreme Court, and the process by which people
would be nominated, uh, I find that very troubling, uh, it doesn't have much
directly to do with us, for sure, but....just as a matter of feeling troubled—I'm
there (laughs) very troubling thing. Okay! Thank you.
Andrew: Yep! Thank you.
Throgmorton: Eleanor. (mumbled) I skipped you Ashley! Sorry! Accidentally!
Monroe: That's okay! I was just gonna mention that,um, I just looked at the KXIC and it
looks like I'm going to the radio show tomorrow to talk about the census. So I
would also say that we delayed our meeting, uh, on the census. We were
supposed to have it, uh, last week when we had some brutal weather. So we are
rescheduled that for February 13°i, uh, it'll still be held at the Mercer, uh,Aquatics
Recreation Center from 6:00 to 7:00 P.M. so, uh, next Wednesday we'll be talking
with the general public and anybody interested in helping with the census. That's
it!
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of February 5,2019.
Page 57
Throgmorton: Great! Thank you.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of February 5, 2019.