HomeMy WebLinkAbout2019-12-03 TranscriptionPage 1
2. Proclamations
2.a. Human Rights Day
Throgmorton: (reads proclamation) I think there are two people who are gonna accept this
proclamation. Joe and Andrea, could you come up please? Or just Andrea!
(applause) Please state your name, Andrea, and sign in I guess. We have to do
that, right? No. Just state your name.
Cohen: ...state my name for the record?
Throgmorton: Yeah.
Cohen: Andrea Cohen. Mayor, Councilors, thank you. On October 31, 2018, a hate
group stood on Anne Cleary Walkway, not far from where Iowa UNA stood
collecting product and money for our'Empower Her' campaign, partnering with
people and organizations around the state on donation drives for feminine hygiene
products and financial support for women and girls locally and globally. After a
while the crowd of University students formed around the hate speech group,
engaging in vain in trying to out -debate them. I asked a member of the hate group
to respect the views of others. The young woman launched into a tirade of hate
for others. I stood there speechless. That feeling of powerlessness motivated this
hate speech brochure, which, um, you all get a copy and it's available on the Iowa
City govem.....dot gov, um, website and if you call the Human Rights
Commission. Its aim is to educate, to provide first steps if confronted by hate
speech, and to urge the city community to stand up to hate speech. Profound
thanks go to the subcommittee of the Iowa City Human Rights Commission,
Cathy McGinnis, Bijou Maliabo, and Joe Coulter; Iowa UNA interns Ryan
Laparsky and Malona Montgomery; Captain Denise Brotherton of the Iowa City
Police Department; Detective Sergeant Brad Kunkel of the Johnson County
Sheriffs Office; and Nikki Hodous and Tabitha Wiggins of the University of Iowa
Office of Dean of Students. We cared and worked hard. Thank you also to
Stefanie Bowers for her unwavering support and to Amna Haider for her editing
and design skills making the hate speech look really good. The rhetoric of hate.
During the Nazi regime from 1933 to 1945 Hitler used words to disseminate hate,
creating prejudice and intolerance against Jews, which ultimately resulted in the
deaths of six million Jewish men, women, and children, including my
grandparents. Further attacks focused on (mumbled) the physically and mentally
disabled. In short, anyone targeted as non -Aryan cultivated hatred. The Rwandan
genocide was preceded by the radio station RTLM, allied with leaders of the
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government, inciting Hutus against the Tutsi minority, repeatedly describing the
latter as yenzi, or cockroaches, and as inzoki or snakes. Urging its listeners to
exterminate the cockroaches. Dehumanization. People are easily influenced.
The words people use and the way they say them have profound effect on us.
They can also tap into our desire to fit in with the crowd. If people are told that
the majority of other people are doing something, or believe in something, then
some, though not all, will follow suit to avoid be different or sig....singled out, or
ostracized. Before there's a hate crime, there's hate speech. Words are like
bullets. They can kill the soul. Hate speech is an attack on everything that makes
someone who she is — religion; ethnicity; nationality; race; color of eyes, skin,
hair; descent; gender. One of the ways to fight hate speech is through social
cohesion, working together to educate and mobilize all community members to
turn the word speech into a verb of positive action. When our social infrastructure
is robust it fosters contact, mutual support, and collaboration among friends and
neighbors. When degraded, it inhibits social activity, leaving people to fend for
themselves. The social glue comes undone. If words can propagate hate, they can
also be used to spread love, tolerance, and understanding. It can be used to
promote community cohesion and the belief that even if you don't agree with
someone's ideals or subscribe to their beliefs, you can respect them or live along
side of them in harmony. No one should ever feel as tongue-tied as I did that
Halloween in 19...2018, when confronted with the vehemence of hateful words.
No one should suffer after being bullied by painful words. It is my profound hope
that our hate speech brochure signals the start of a community speaking tolerance
and understanding. On a personal note I just wanted to say it has been a pleasure
living in Iowa City, an honor working on the Human Rights Commission, and
rewarding working with the City as an Executive Director of the Iowa United
Nations Association. We are off home to the Netherlands at the end of the month.
Thank you.
Throgmorton: Thank you, Andrea. (applause)
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3-7. Beginning of Consent Calendar (Items 3-7) — Consider adoption of the
Consent Calendar as presented or amended
Throgmorton: I'd like to invite a motion to approve Items 3 through 7, as amended, which
involves pulling Item 6.c. for separate consideration, and deferring Items 6.k., 6.1.,
and 6.m.
Mims: So moved.
Salih: Second.
Throgmorton: Moved by Mims, seconded by Salih. Discussion? I wanted to mention, actually
to call out, to name .... three items. So one is Item 6.f., which is the Energy
Innovation and Carbon Dividend Act of 2019, a resolution urging the United
States Congress to enact the Energy Innovation and Carbon Dividend Act of 2019.
Also I wanted to mention.... Item .... 6.j., uh, which has to do with, uh, amending
the budgeted positions in the Neighborhood Services Division by adding 1.63
full-time equivalent Housing Program Assistant position, because we got 60 new
housing vouchers from the Department of Housing and urban Development
for .... uh.... um, people with disabilities currently experiencing homelessness,
previously experienced homelessness, and currently a client in permanent
supportive housing or rapid rehousing project, or those at risk of experiencing
homelessness. So I'm very pleased about those additional vouchers. And last I
wanted to, uh, name the, um .... where is this other item .... 6.p., uh, which is a
methane feasibility study. Uh, we're going to be contracting with an engineering
company to provide engineering consultant services for a methane feasibility
study project that has to do with our landfill and our waste water treatment plant,
and some of you already know that methane is a .... a very intense, um,
glo.... global warming gas. So if we can control our emissions a bit, we're helping
out in the general challenge havin' to do with climate action. So there's those
things. Uh, any discu.... any further discussion on the .... (mumbled) anybody
wanna..... in the public, wanna speak to any one of these items that are in the, uh,
the Consent Calendar? Jamie, did you? Please state your name and write it down
as well, Jamie.
McCoy: So my name is James McCoy and I'm the Endorsements Coordinator for the Iowa
City Chapter of Citizens Climate Lobby, and I wanted to thank the Iowa City
Council for its previous endorsement of the carbon fee and dividend concept, uh,
and your receptiveness of supporting the Energy Innovation and Carbon
Dividends Act. The resolution being considered tonight is for support of HR -763,
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which is the Energy Innovation Carbon Dividends Act, which took the previous
Council -endorsed concept and converted it into an actual bill through the sausage -
making process of bipartisan negotiation. As I, uh, previously shared with John
Thomas, the, uh, result of this is actually very good sausage (laughter) uh, the bill
likely has broader appeal than the original concept, by exempting farm and
military fuels, uh, without significantly diminishing its effectiveness. Uh, it has
built-in evaluation mechanisms to ensure it's achieving its purpose. And it's not
the whole solution, but it's a significant step in solving the climate crisis. And the
Iowa City, um, Climate's, um .... excuse me, the Iowa City Chapter of Citizens
Climate Lobby enthusiastically supports the adoption of this resolution. Thanks
to you all!
Throgmorton: Thank you, Jamie. Would anybody else like to address any other topic that's in
this Consent Calendar? Okay, seeing no one, uh, Council discussion? Hearing no
discussion, roll call please.
Taylor: (roll call being taken) ....and we're going to discuss like 6.c. (several talking)
Yes!
Throgmorton: Motion carries 7-0. Could I have a motion to approve Item 6.c., Personnel
Policies Update — November, 2019. This is a resolution rescinding Resolution
No. 17-198 and adopting updated Personnel Policies.
Salih: So move.
Teague: Second.
Throgmorton: Moved by Salih, seconded by Teague. Discussion?
Taylor: First I'd like to say with all due respect I appreciate the memo we received from,
um, Geoff Fruin, but I just think it would be wrong for us as a Council at this time
to sign off on this without the whole picture and rationale for changes in input
from the union. I .... this was not resolved to my satisfaction with the concerns I
voiced at....at the last meeting, and I'm disappointed to see that it was presented
again with a memo, uh, dated 11/25 from HR stating, uh, changes were shared
with AFSCME, uh, with an offer to meet and ... and discuss changes, but that
was .... that was last Monday, which was almost a week after when it was first
requested that ... that, uh, this be shared with .... with the union, and ... and it also was
the Monday before the holiday and so the union didn't really have a chance to
reply, cause that was Monday before the Tuesday, which then packet information
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was due on the Wednesday, and then there was the holiday. That gave them very
little time to ... to respond to this, and I would like to see that they have more input
in this, uh, cause that's just....that's not acceptable. That was not the request
that ... that we'd asked. Um .... the summary we got in the resolution presented us
listed what was referred to as the 'key changes' which, uh, contain new articles,
but my experience, which I've.... negotiated many contracts and read and looked
between the lines in many personnel policy books, manuals, to look further into,
uh, any and all of the changes and as I was looking, um, because what we're being
asked to do is pass a resolution that adopts these updated personnel policies, but
not all of them were listed. We weren't given the ... all of the information to .... to
approve of this! Uh, one of'em stood out (laughs) for me that I .... that I saw that,
uh, especially people who have run for office will appreciate this, was page 19,
which is now on page 10, previously read, 'An employee who becomes a
candidate for public office shall upon request be given a leave of absence without
pay.' The new wording is, 'An employee who becomes a candidate for public
office may request a leave of absence without pay.' That's a very different
statement than what was previously, and those are the kinds of things that I'm
finding as I comb through this new manual, and so I ... I just, I'm sorry, I just
cannot sign off on this until we get all of the information — the changes, the
rationale behind the changes — and uh, further input from the union.
Salih: I agree with you, Pauline, because that's why the main reason for delaying this is
to contact the unions and let the union review it and if there is change, why they
don't wanna give a chance to the union to review it. Maybe that you did, but the
timing wasn't enough. I hope we can defer this again and we give them more time
to review, because this is have (mumbled) if there is a minor change, the union
have to know there is a minor change, and if they are agree to this minor change
or not. I hope we can defer it again and give them chance to review it.
Throgmorton: Geoff, what's the staffs perspective (both talking)
Fruin: Yeah, I .... I just wanna say, I did exactly what I said I was gonna do at the last
meeting. The memo is dated the 25th. On the 20th, which is the day after the
meeting, um, I contacted the union and offered to meet, okay, so it wasn't a ... a
situation of me waiting until the day before the holiday or a couple days before
the holiday. AFSCME was fully aware of this. They requested the deferral. So
it's not like they just found out about this before Thanksgiving. So I don't think
the way that you described that was a ... was very fair to how staff handled it. At
the meeting, we described exactly how we were going to handle it. We were
going to offer to meet with the union, which we did the very next morning after
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the meeting. Um, and then we have to get the packet out. We said we were going
to put it back on the agenda. I told you, I feel this is routine changes. If I felt
there was anything significant, I ... I wouldn't .... I wouldn't hide that! I hope you
know me better to know I wouldn't try to slip something in here that's going to,
uh, radically, you know, change our personnel policies. If I didn't feel it was
routine, we wouldn't of put it on the next one, but I told you at the meeting that
we feel this is routine. We're happy to give the union a chance to comment. As of
the packet date, we didn't he .... we didn't get any comments, so my choice was
continue to hold it or follow through on what I said I was going to do, which is
put it back on. So, um, if you wanna defer it, that's fine. If you want us to
negotiate personnel policies, which is highly unusual, that's fine. What I suggest,
and what I think is appropriate in this case, is that you consider the personnel
policies on the merits of the personnel policies, and you can always change them,
and I've communicated to the union, and I'll communicate to the other two unions,
and I'll communicate to non-union employees that I am more than willing to
discuss any of these policies, and I think the employees know me well enough to
know that I'm very approachable and .... and open to these discussions. So .... I
think I followed through on what I said I was going to do. I recommend you pass
these, and then if concerns are raised, um, come back and consider changes, but I
don't think it's appropriate to, uh, continue to defer and set up a situation in which
we're .... we're negotiating. This isn't a collective bargaining agreement. These are
routine changes. This wasn't a .... a'from scratch' document or brand new policies
that we were .... we were, uh, putting out. I can respond, and I had the same
conversation. The union brought up their concern today, uh, on the, uh, leave
without pay issue. Uh, I can respond to that, if you'd like to go into details on any
one of these. I'm happy to do that today. Uh, there's a very reasonable
explanation I think you'll find for the change, uh, in that language, and by the way
that language doesn't apply to the AFSCME employees because they have a
collective bargaining agreement with .... has language that trumps the personnel
policies.
Salih: You just said that this is routine, and you repeated the same thing that you said
last meeting, and we ... also, after you said it, we said okay, let the union see it, and
just negotiate it, and after that they can come back to us, but I ... I thinks they just
feel like there is no time. Then ... did they ask you for more time? Have they?
Fruin: Yes, they asked today. I got an .... I got a note this morning to meet, and I met
with them probably within an hour, hour and a half. I made time on my schedule
to meet with them, and they asked for a deferral, uh, a few hours before the
Council meeting starts. So I said no, because my recommendation is that we
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continue to move this .... we .... we move, we move approval on the personnel
policies and then I very openly said I am happy to sit down with you. They want
to bring their business agent in for the discussion. I'm happy to sit down with her
as well. Um, and again, I would extend that same offer to the police or fire or to
non-union employees, and have a discussion. Uh (several talking)
Cole: ...to that point, Jim (both talking)
Salih: I'm sorry, just.....Rockne, let me just finish what my point (both talking) I said
that because it doesn't make sense to us, we (mumbled) defer for a reason, and
that reason has not been fulfilled, and this is come back to us again, you know,
and uh, even though they ask you today, and you said no, I guess before you....
you said that you should have think about why the Council defer it. We defer it so
they can ... we have input from them, and since we don't have the input from them,
we should still defer it. Um, I'm not saying that, like... nothing against you but this
is, that's what we asked last time, and I thinks we need the input from the union.
Throgmorton: Okay, let's hear from other Councilpeople.
Cole: Well I think to that point, Geoff, you had indicated that you would be willing to
discuss and negotiate this with the individual. I think you had said that that....
you would be willing to do that?
Fruin: I ... I, you know, that ... that's where .... this is personnel policy that you adopt, and
you adopt them for a reason. They're not administrative. We recommend them to
you, but I think you need to understand that there's a clear distinction between
personnel policies and collective bargaining agreements. Those are two very
different things. I ... I have never heard or been a part of any organization that
negotiates personnel policies. That's just a highly unusual. To .... to collect
feedback and to, um, take that feedback into account, both for me as City
Manager and for you the Council, that's routine. That's common. But .... but to sit
down and negotiate for a document that covers multiple unions (both talking)
Cole: So at least my position is is that I would like at least the feedback from the
various stakeholders before Council adopts. So my position is is that I would
request that there be a stay, pending further discussion with the affected
stakeholders.
Throgmorton: I....1, if that's the case, then both parties need .... commit to meeting, some time
before our next meeting, so that we can vote next meeting, and not come back and
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have somebody say we need to defer again. Okay? So if..if that's the
understanding, then I personally would be willing to defer to the December 17th
meeting. If both parties will not commit to just doing that .... I wanna vote tonight.
Taylor: Well, Jim, I think along with that I think, uh.... a word has been used erroneously,
cause I....I, my intention is not negotiations with the union. Obviously not, cause
that would be the collective bargaining. It's the sitting down and discussing.
They need to be aware of what's in the personnel policy manual and why there
were changes, what the changes are, and I .... as .... as we do. We don't blindly vote
on things, approving things, and that's kind of what we're being asked here, cause
we didn't see all of. ... all of the changes. That's.... that's all that I'm asking.
Throgmorton: Do the other Council Members have a view about this?
Thomas: Well I would like to see it resolved by our next meeting.
Taylor: Right.
Thomas: But, urn.... that.... that's my one request.
Mims: Well I would agree it needs to be resolved by the next meeting. I'm ... I'm
disappointed that if Geoff reached out to the union the day after our last meeting,
which was two weeks ago today, that .... they weren't able to sit down, and again,
it...it is not a negotiation. I've negotiated union contracts as well. Um, from the
union side, not the management side. Many times. And .... and again, this is not a
union contract. We have three unions. We have a lot of non -unionized personnel,
and so if the only concerns are being heard from AFSCME, I ... I am comfortable
going ahead and voting on this, and as Geoff said, we can always come back if
there are, you know, items that .... after input from them or any other employees,
we decide, I mean we've had now.... we've had it in front of us for three weeks.
So if as Councilors we haven't read it and are comfortable with it, then .... and
don't have specific questions about it, then I would say as Councilors we haven't
done our job, um, in reading through it and asking the questions of what we aren't
comfortable with. So I'm prepared to vote on it tonight.
Throgmorton: Bruce?
Teague: Yeah, I .... so one of the things that stick out for me is that this typically isn't
somethin' that, urn .... AFSCME has been involved with, from my understandin'.
And so my number one question is what is it right now that .... um, maybe sends
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up a red flag for them, um, to say, hey, this is an item that I want to research, read
a little more into, because I have concerns. If it is just there's a new policy and I
have concern because I haven't read it, that is a different conversation. Um,
Pauline, you did make mention of, um, you know, changin' a word from'can' to
'may,' and of course the difference is huge, um, and so .... if there is somethin' that
is, you know .... needin' to be explained, I think Geoff just offered. He can explain
the'can' to 'may.' Otherwise if there is nothing right now in this moment .... that is
identified as a concern, then I believe that we do vote, and then if there is
something that, at any point, if there is a policy that comes ... with concern, staff is
willing, as well as any Councilor is willing. I did, uh, read through the policy.
Nothin' really stood out to me as bein' concerning. Um, but again .... you know,
my .... my lens may not have been, um, AFSCME lens, and I ... I do know that they
may look at things, uh, from a .... from a different angle. So ... from, for me if
there's no one right now statin' that these .... this is my concern, if it's 'can' or'may'
I just heard that, we ask Geoff why did that happen. Otherwise I do believe that
we, um, we should be (mumbled) prepared to vote on it, based on what is in the
packet.
Cole: So do we need to do a .... vote on the motion to defer?
Throgmorton: I (several talking)
Dilkes: There is no motion (several talking)
Throgmorton: There is no motion yet. I'm (several talking)
Cole: Okay, so I move to (both talking)
Throgmorton: There's a motion to approve and .... but (both talking) if we wanted to defer,
how ... how would we proceed? Would we vote on the motion to approve and vote
that down or what? (several talking)
Dilkes: The motion to defer takes pri .... priority, so if there's a motion to defer and it's
seconded, then you're gonna vote on that.
Throgmorton: Okay. I would like to invite a motion to defer to December 17th, knowing
that ... uh, both, uh, the interested parties will have read the document, will have
shared their thoughts, and that we will vote on the 17th, up or down.
Taylor: So moved.
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Cole: Second.
Salih: Second.
Throgmorton: Uh, moved by Taylor, seconded by Salih. Uh, okay, uh, discussion? Hearing
none, roll call. No (several talking) All in favor say aye. Opposed. Uh, motion
carries 5-2, if we're counting. Uh, this has been passed out, but we haven't had a
motion to accept correspondence. Could I have a motion to accept
correspondence for the .... uh, for this particular document, which has to do with
whatever that item was in the Consent Calendar.
Thomas: So moved.
Salih: Second.
Throgmorton: Um....
Dilkes: The hate speech brochure.
Throgmorton: Thank you! Uh, yeah, uh.... John, did you make the motion? Uh, moved by
Thomas, seconded by Salih. All in favor say aye. Opposed. Motion carries.
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8. Community Comment (items not on the agenda)
Throgmorton: This is a moment when anybody who would like to discuss, address, any topic
that's not on the formal meeting agenda should feel free to come up and speak to
us about it. We have several public hearings tonight. I would, uh, like to ask you
to keep your comments to not more than three minutes, per person, so that we can
work our way through the public hearings. Good evening (both talking)
Ross: Good evening, uh, young Mayor, uh, soon to retire. I thank you for all your good
work. Um .... you know, it's Human Rights Day, Pronouncements Day, and uh, I
would like to just, uh, just put a fine point on that. Um, we don't have human
rights and human dignity and social dignity and rights if we don't have, uh,
economic dignity and rights. And, uh, we have great inequality right now, and a
lot of hate speech, uh, comes at times when people, when there is a lot of
inequality. Uh, somebody mentioned, uh, Nazi -ism in the 40s, uh, and 30s, and
um .... half my mother's, uh, family were exterminated. And it was during a
depressed time in Germany and inequality was extremely high. The people were
easily moved. Uh.... so I....I would say that right now in our .... our country is the
most inequal that it has been, uh, since the Great Depression. Uh, many
economists say that we are in a recession still, for those who are below, uh, the
lower two-thirds. So my suggestion to the Council is please, uh.... of all those
seven items up there, I think that one should be inequality, and that the Council
today and in the future for 2020 .... should figure out how better to deal with this.
You know? It's an interesting point that 90% .... of the wealth in this country is
owned by 10%. How is it .... that say for instance presidential elections are so
tight? Why aren't they runaway? How come, you know, it should be about the
people who are working classes, the same in the town and the city as with the
country. And I think we should go for it. We're all in this together, right? We're
all in this together. None of us own shopping malls and department centers and
hotels and whatnot. We're all trying to do this. So we have to work in 2020 for,
to erase as much inequality, and put that on the priority list! As well as global
stewardship. And if we can keep those two things in mind, I think that we'll have
a good year. Thank you so much to the Councilors who are retiring and welcome
back.... welcome in to the new Councilors who, uh, who came through the
elections this time around. Thank you, every one of you.
Throgmorton: Thank you, Brandon. Anyone else? Okay, seeing no one else we'll move to Item
9, Planning and Zoning Matters.
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9. Planning and Zoning Matters
9.a. Rezoning S. Gilbert St and Highland Ave — Ordinance conditionally
rezoning approximately 1.15 acres of land located at the northeast corner of
S. Gilbert Street and Highland Ave, from Intensive Commercial (CI -1) zone
to Riverfront Crossings — South Gilbert (RFC -SG) zone. (REZ19-11)
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Good evening, Danielle.
Sitzman: Good evening, Mayor. Danielle Sitzman, Neighborhood and Development
Services. (mumbled) This is a rezoning of property, as you mentioned, at South
Gilbert Street and Highland, uh, currently zoned CIA, requesting a rezoning to a
Riverfront Crossings zoning district, South Gilbert Street, uh, subdistrict.
Highlighted here in the boundary shown in white. Um, it's .... back on a little ... a
little background about the information. It's currently, uh, the .... Kum n' Go site,
gas station on the corner, owned by one property owner interested in purchasing
the property to the east to combine it all into one lot for redevelopment, again, for
quick vehicle service.... servicing, Kum n' Go, uh, gas station. Um, the proposed
redevelopment will explain... expand the floor area of the convenience store and
add some additional gas pumps. Um, they did go through the good neighbor, uh,
meeting policy and held a good neighbor meeting on October 23rd. Um, some of
the neighboring property owners did attend that meeting and had comments and
concerns about how construction would proceed and what disruption they might
experience. Um, generally the applicant's, uh, position is they'll be able to
accommodate all of redevelopment on their site without impacts to the
surrounding, uh, neighborhood. Um, currently the subject property does contain,
as I said, a gas station built in the early 90s and some commercial condos, built in
the mid -50s. Um, it has several points of access to both South Gilbert Street, the
third .... East Third Street to the north and Highland Avenue to the south, which
was nonconforming. Our current access management plan would limit the
number of access points to fewer than that. Um, so that is something that we'll
discuss when we talk briefly about traffic in this, uh, site and redevelopment. The
applicant did share a preliminary concept for this site. Um, this is very
preliminary. Um, the .... site would be subject to Riverfront Crossings form based
code, and so, uh, this site would have to be evaluated with those standards.
Generally the form based code encourages, uh, development to the comer, uh,
with parking either behind or, uh, to the side of buildings. We will continue to
work with the applicant as they refine that concept. This is the regulating plan
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contained in the form based code, showing you the property highlighted in red in
the South Gilbert subdistrict. It's intended for high intensity, mixed-use
development, um, and, uh, encouraging, uh, uses similar to, uh, what we've seen
elsewhere in that district, as it redevelopment .... as it redevelops. As I said it does
require businesses to be oriented towards the .... the street, with parking, uh,
concealed behind the building. Um, as staff goes through a rezoning request, we
review several criteria, including comprehensive plan conformance and
compatibility with the existing neighborhood. In this case, um, on the right-hand
side of the slide is the mock-up that was part of the master, uh, I'm sorry, the
district plan for the River -front Crossings, as well as, uh, showing a building
oriented towards.... towards the corner. Um, as I said this would go through form
based code review and would ensure compliance with the .... with the district plan
in that way. Um, there are .... are also some access management issues, tra... traffic
and circulation, and then, um, the character of the neighborhood is ... is largely
retail, so this does, uh, fit in with that, uh, with that neighborhood. Talking a little
bit about traffic, um, as I said, um, it's positioned on a corner with multiple access
points surrounding the .... the building. Uh, rather large... high traffic count, due to
the proximity to the highway to the south. Um, South Gilbert Street does create
some issues with congestion because of the proximity to intersections. Um, also
the street to the south of the site is one of the few crossings for the Crandic
Railroad. Um, as you probably know, um, traffic volumes and turning
movements and traffic lights and poor access management lead to an unsafe, um,
condition for pedestrians and vehicles, um, creating decision points that would not
necessarily need to be there. Um, as I said the pedestrian environment's also very
important. It's one of the aspects of the form based code. Um, as we've rezoned
properties throughout the South Gilbert Street corridor, the City has ensured that
additional right-of-way be secured so that future improvements to South Gilbert
Street can incorporated improvements for pedestrians in this corridor, so that is a
condition that staff has included in this application. So as far as next steps, we're
at the stage highlighted in blue here, the rezoning from the conventional zoning
district to the Riverfront Crossings zoning district. The next step for this site will
actually include an appearance before the Board of Adjustment for a special
exception for quick vehicle servicing. That is a requirement for that particular use
in this district. And then of course, uh, review for form based code, uh,
compliance and site plan. Based on the review of the development criteria, staff
does recommend approval of the proposed rezoning with two conditions. First
dealing with closing access points through the streets, uh, to limit access to the
site to one only, um, and that that be, uh, oriented on Highland Avenue to the
south. A second condition is that the applicant must dedicate that additional right-
of-way along, uh, South Gilbert Street to, uh, allow for future pedestrian
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improvements. Uh, at its meeting in November the Planning and Zoning
Commission also voted to support that recommendation with the conditions as
noted by staff. Be happy to answer any questions.
Teague: I'm not surprised that, um .... this is before Council as far as just redoin' the gas
station, um, acquirin' the properties adjacent to it, urn .... from what I see, I .... I
really don't have any concerns, I guess. I ... I do appreciate the conditions by staff
and also by the Commissioners with not allowin' access from Gilbert Street and
only one access from Highland Avenue. That is a hard ... I don't know how people
are gonna cross or .... or get out. That is a hard corner (laughs) for the business, as
far as in and out traffic. So, um .... has there been thoughts about the traffic flow,
just with the one entrance?
Sitzman: They're only really in the preliminary concept stages so, you know, they have a
larger site once they combine these two parcels together, so they have area to
work with. They agreed to the conditional zoning agreement so....
Teague: Okay. And then the quick vehicle service, what was that about, that's goin' too?
Sitzman: Right. That particular use or a gas station is considered a quick vehicle servicing
and does need to get a special exception, which is a .... approval process through
the Board of Adjustment. It's a ... process where they have to meet some general
criteria and some specific ones for gas stations before they can operate that
particular use on the site.
Teague: Okay. Okay. Great.
Throgmorton: Are there other questions for Danielle?
Cole: This may be more of a comment/question, but correct me if I'm wrong. Currently
we do not have any, um, regulatory mechanism to require electric charging
stations at these sorts of gas stations, so that would be something that would have
to change into the future?
Sitzman: Yep, that's correct.
Cole: Okay.
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Taylor: The greenery that's shown in a couple of the photos, I mean that's not....
obviously's not required in the conditional zoning. Is that .... that something that
the company, uh, is willing to do (both talking)
Sitzman: The landscaping requirements would be part of the site plan review and the, uh,
some of the form based code review. So we have standards in our code that
would require landscaping of a certain size and height and number. So that would
be reviewed at that point. I would take that concept as purely preliminary at this
point.
Throgmorton: I'd like to follow up on Rockne's question about recharging stations. Would you
give the same answer to bike racks?
Sitzman: Bicycle parking is required by our .... our code for certain uses. I don't know that
this particular use has a requirement. It's typically for ...um, residential uses, at a
specific ration, much like parking requirements are. But I can .... we could check
that. That is something that we do regulate more (both talking)
Throgmorton: It ... it would seem to me that we need to update our zoning code with regard to
electric recharging stations and bike racks, if we're serious about our climate
action efforts. So I would recommend, uh.... that .... staff .... put that on a list of
actions to be pursuing. Uh, I'd also like to seek a clarification. LTh, I understand
from reading the minutes of the Planning and Zoning Commission's meeting that
there will be an entrance to the building from the Gilbert Street side. (both
talking)
Sitzman: The building would be required to front the street (both talking)
Throgmorton: I understand, but I mean in the minutes to the meeting, uh, I think a spokesperson
for Kum n' Go said that there would be an entrance to the building.
Sitzman: That would be a standard of the form based code that would be enforced with that
review.
Throgmorton: Okay. All right. Any other questions?
Taylor: And that was according to them a different design than say the one that we saw on
Muscatine and First and the one on Riverside Drive, because that just has the long
wall with .... with the glass, but there would be an entrance then.
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Sitzman: I believe those also have entrances on those sites as well. They're just not into the
front of their operation.
Thomas: One .... one comment I would make on the ... the site plan review would be that,
um, and there were some comments by P&Z on the use of pervious paving and
uh, which would relate to this, the storm drainage. It's a lot of paved area. Uh, so
one .... one, I .... I don't know .... you know, there was some discussion in our
climate action acceleration of revising our site plans with respect to landscape,
tree plantings. I don't know if the timing on that is going to work in our favor in
this case, but....
Sitzman: It would likely not coincide with this application.
Thomas: Yeah, but I .... I think even just placing the trees closer to the pavement, you know,
the illus .... I know the illustrative is .... the illustrative, uh, and can change, but
placing the trees as close as possible to the pavement would have a storm water
and .... urban heat island effect benefit because the .... the canopy will retain storm
water in its canopy. So if we can get the .... the trees closer to the pavement, that
would be useful.
Throgmorton: I'm struck by how much of the property is dedicated to parking. I think I noticed
in the Planning and Zoning Commission's minutes that they.... discussed that
some. Uh, it's not clear to me why so much parking, uh, why the company thinks
that so much parking is appropriate. Uh, what is the sta.... what does the standard
require? Do you happen to remember?
Sitzman: I do not have that with me tonight. I'm sure it's based on either, um, square
footage of the building or number of pumps or queuing for pumps or a
combination of those. I can find that out for next time.
Throgmorton: I think that would be instructive. I .... I.. A suppose that in the end it's up to Kum
n' Go what to do. Uh, but it .... ifs like three time, maybe four times as much, of
the property is dedicated to parking and moving vehicles than to the facility itself.
That's pretty striking. Okay! Uh, any other questions for Danielle? Uh, thank
you. Would anybody else like to address this topic? Hi there!
Weggen: Good evening, Keith Weggen with CDA (both talking)
Throgmorton: Nice to see you, Keith.
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Weggen: Thank you. 3405 S.E. Crossroads Drive. (both talking) with me.
Throgmorton: Can you write your name down if you haven't already done that.
Weggen: I will! Also with me tonight is Brittney Andreason with Kum n' Go. Um, I just
wanted to add a few things to the comments that, uh, we had heard and some
notes we had written down. Um, in regards to bike parking it is a standard for
Kum n' Go to provide bike parking facilities (both talking)
Tlu-ogmorton: Very good!
Weggen: ...so, um, I would anticipate room for at least a couple of bikes, if not more. Uh,
we've been exploring other options for bike fix -it stations where there's higher, uh,
bicycle activity in the area as well. Um (both talking)
Throgmorton: Well it matters to us, you know, because we do have an aggressive bike master
plan (both talking)
Weggen: Absolutely!
Throgmorton: We do have an aggressive climate action plan. It matters to us!
Weggen: Absolutely! Absolutely. Um, in comparison to the Muscatine store, the ... this
store would be very similar in size and shape to that. So generally the same
square footage, hallway on the backside, uh, street front access, uh, toward three
of the ... of the four sides of the site, with pedestrian connections and entrances
onto Gilbert as well. Um, in regards to parking and pavement, um, we certainly
understand and appreciate your concerns regarding the amount of pavement. Um,
traditionally a site this size, our .... our typical model would be in the 25 to 30
parking space range. So we've tried to bring that down a little less than what, um,
we typically would see, but there's a certain number of spaces that make the
model work. There's a certain number of associate parking spaces. So that's
really kinda what we're trying to juggle is how can we minimize that but still
make this, uh, model work at the same time. In regards to the large expanses of
pavement, it really comes down to circulation of the site, and especially, you
know, we talked earlier about, um, eliminating one of the accesses off of
Highland. So we've gotta start thinking about how do we get delivery trucks, how
do we get fuel trucks in and out of the site, and do it in a safe manner so that it
doesn't conflict with customers or associates that are working there as well. So
some of those larger expanses of pavement are simply, uh, to do with that as well.
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So we have no objection to staff comments, and I'd be happy to answer any
questions that you might have.
Throgmorton: Great. Thank you, Keith. Do .... anybody have any questions for Keith?
Teague: So with the, um, parkin' and all the pavement, and I understand that you made
mention that, um, you'll have bike parking, which is great. Um ... but we also .... as
....as the Mayor just stated, have this aggressive climate action and also bike....
bike plan within our community. Um, and.....on Highway 1, which is right
adjacent, uh, an adjacent street, we're gonna be havin' a bike lane over there and
it's gonna be pretty busy, uh, right around that corner. So ... will you prepare... and
you don't have to answer this. I guess I'll make a statement. It would be awesome
and amazin' if (laughs) you know, some of this bike parkin' there could be, um,
preparation made for electric charging stations, where the .... I don't understand all
of what would make it possible, um, except somethin' electric to, you know, plug
in there. Um, if y'all will consider that, as well as if you will consider,
um .... a.....a bike fix -it station or makin' sure the preparation, whatever that
means, is in place because we would love for you all to help in our climate action,
which is your climate action, because you're a part of the community. So that's all
I'll just say that, um, seems like there's .... now would be a great opportunity to put
that on the table and come back to Council and say, hey! We're doin' it!
Weggen: Absolutely! For sure. I think it's absolutely something that Kum n' Go would
consider. On stores recently we have seen that become more common, especially
bike fix -it stations. I can think of three stores off the top of my head recently that,
um, have been .... have accommodated, um, electric charging stations for various,
uh, vehicle types. I think there's some conversations back and forth with
manufacturers and suppliers regarding that. So I don't know all the details about
it, but I'm sure Kum n' Go would consider that. (several responding)
Throgmorton: Any other questions for Keith? Thank (both talking)
Weggen: Thank you!
Throgmorton: Would anybody else like to address this topic? Brandon!
Ross: Briefly if, uh, would a 0% carb (mumbled) uh, mandatory at least a goal
be ... would that be unreasonable to expect of all businesses, not just the, uh, the
present one, but uh, with all the concrete and everything involved, um, you know,
that's.... that's a large carb.... carbon consideration. Does the City tax, uh, in .... in
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a way that can actually, uh, put some funds into carbon reduction when for
instance a business like this uses up, uh, those particular, uh, resources and creates
a carbon footprint. So, you know, my first thought was well ... well what can....
what can they do, I mean, can they, you know, you're gonna tell them to fill half
of their parking lot with trees. That would be cool, but apparently that's not gonna
work in that business model. But is there a way, uh, of the businesses to be
responsible, in taxation and for the City to make use of that to do good things.
Throgmorton: Thank you, Brandon. Anyone else? Okay, seeing no one else I need to ask ... ask
my fellow Council Members if they are inclined to vote in accordance with the
Planning and Zoning Commission's recommendation to approve the rezoning.
(several responding) Yeah? I'm seeing a lot of nodding heads. Okay. So I'm
gonna close the public hearing. (bangs gavel)
2. Consider an Ordinance (First Consideration)
Mims: Move first consideration.
Salih: Second.
Throgmorton: Moved by Mims, seconded by Salih. Discussion?
Cole: I really like this project, and I in particular like the amount of green that you were
able to ... to fit in, which I was very impressed with. Um, I love the concept of
bein' amenable to the bike infrastructure. I mean it's close to Big Grove. Uh, I
think it's really going to become a bike center, and so I think you are actually
going to see the economics of that work for you, and I also wanna compliment
you. I was a little hard on Kum n' Go for Muscatine and First. Um, but having
seen that building play out in terms of the amount of glass and the design, I'm
very confident we'll get a very beautiful structure there that, you know,
traditionally we think convenience store, I think we do need to reconceive what
we're thinking of with that, and I think this is going to be a real amenity for the
district that'll really enhance the visual appeal. So I really appreciate what you
guys have done with that. And because of that I'm really in support of this
particular project.
Throgmorton: Anyone else?
Taylor: I also liked the project. I think particularly the, uh, aspect of reducing the access
points, I mean it's unbelievable that that one little place now has four different
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access points. That's just unfathomable. So it...it will be nice to have, uh, the
lower number of those. I love the ... the trees, I hope you follow through with that,
with the ... with the photos. I ... I hope you listened to the impervious pavement, uh,
for your parking; um, that's really great; and it's not that it's an eyesore now, but
with all of the improvements that are going .... going along on, uh, on Gilbert,
it....it will be a nice improvement.
Salih: I think for me I just like it, especially everything that you guys said about the trees
and everything, but I hope you consider the charging.... electric charging stations.
(mumbled)
Thomas: Yeah, it's a .... it's a gateway project in a way, in the corner there. So it....it is an
important piece of that part of Iowa City. So, uh, yeah, I'm looking forward to the
improvements. I think it's moving in the right direction.
Mims: It'll be the first major one on the east side of South Gilbert (both talking)
Throgmorton: Yeah.
Mims: .....get improved since we started Riverfront Crossings (several talking)
Throgmorton: We warm see it! Yeah, so I agree with what people have been saying it. I .... I'd
reemphasize the electric vehicle recharging station. Um .... I think it's very clear
that there's a strong impulse to transform the motor vehicle world to electricity
rather than gasoline, and that's gonna happen incrementally, but 10 years from
now things are likely to be very different than they are now. You know that better
than I do. So .... um.....I'm looking forward to seeing what comes out of this. Any
further discussion? Hearing none, roll call please. Motion carries 7-0.
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9.b. Rezoning Lehman Avenue and Soccer Park Road — Ordinance rezoning
approximately 42.01 acres of land located south of Lehman Avenue and east
of Soccer Park Road from Interim Development Multi -Family (ID -RM) and
Rural Residential (RR -1) to Low Density Multi -Family (RM -12) (REZ19-12)
Public Hearing
Throgmorton:... but the applicant has requested indefinite dis... uh, deferral. Could I have a
motion to defer indefinitely?
Salih: Move.
Thomas: Second.
Throgmorton: Moved by Salih, seconded by Thomas. Discussion?
Salih: I just thinks this is a good idea to support the deferring, since we already have the
form based code is gonna be happening in this area and we will wait and see
what's gonna come out of that and after that maybe the developer can reach out to
us again. Tbanks.
Throgmorton: I agree (both talking) I think it would be, uh, wise of a developer to see what
comes out of that form based code and regulating plan. Any further discussion?
Hearing none, roll call please.
Dilkes: Voice vote.
Cole: Voice vote.
Throgmorton: Oh, sorry! All in favor say aye. Opposed. Motion carries. Could I have a
motion to accept correspondence from Michael Pugh please?
Salih: Move.
Cole: Second.
Throgmorton: Moved by Salih, seconded by Cole. All in favor say aye. Opposed. Motion
carries.
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9.c. Zoning code amendment related to utility -scale, ground -mounted solar
energy systems — Ordinance amending Title 14, Zoning related to utility -scale
ground -mounted solar energy systems. (ZCA19-05)
1. Public Hearing
Throgmorton: I'll open the public hearing. (bangs gavel) Good evening, Danielle!
Sitzman: Good evening. Thanks again. Um, so this is a zoning code text change to, uh,
advance an effort by the City to make, uh, investment in renewable energy when
possible, as part of our climate action plan. The City has the opportunity to
partner, or is exploring opportunities to partner with MidAmerican Eng... Energy
for a, uh, solar, uh, facility on City -owned property near our water treatment
plant, uh, north of I-80 and west of Dubuque Street. Our zoning code does not
currently include regulations specifically for solar. Uh, we address solar in a
couple other ways in our code that are, uh, less clear than we would like it to be,
uh, for this particular opportunity. So this code amendment is a .... is written to
address (mumbled)a holistic solar approach, an opportunity to be nimble and
respond to an opportunity that's before us at the moment. So, uh, because our
County code does not include regulations for solar of this scale. Um, we would
otherwise categorize it as large, um, as a basic utility use. Um, basic utility uses
are allowed in industrial and commercial zones, but not in a public zone, which is
what the land is that the City owns by the water treatment plant. Um, public
zones are zones, uh, two .... two particular zoning districts, both P-1 and P-2.
They, uh, include properties that are for schools, parks, police, and fire stations
and other civic buildings owned or otherwise controlled by the County, the City,
or the School District. Or institutional, um, property owned by state or federal,
uh, government, such as university campuses, regional medical facilities, post
offices, and other such, uh, places. Um .... so this would be if ..the area shown
here would be where utility -scale solar, uh, would currently be allowed under our
current code, classified as a basic utility. So you can see those areas highlighted
in green and blue. Two different processes for approval based on the zoning
districts, but allowed in one way or another. Um, the proposed code would create
a new definition for utility -scale, uh, solar, essentially defining it and adding it to
the public zone, uh, district in a way that would allow it to be more easily
accessible for that type of property. Um, it would include some additional
approval criteria, which I'll walk through. So as far as definitions go, the
proposed definition would .... of a utility -scale, uh, solar installation would be that
it was ground -mounted. So a solar energy system that is structurally mounted on
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the ground, not a roof, with a fairly large system footprint of at least an acre. So
imagining solar collectors covering an acre or more, uh, and be utility -scale, uh,
either for the production of energy on-site potentially, or entirely off-site, or a
combination of the two. (mumbled) large in area would potentially generate more
energy than could be consumed on.....on site. Um, so like I showed you a
moment ago, this is that map of where solar of that .... of this scale would currently
be allowed, that the proposed changes, the area in blue is, uh, where a large-scale,
a utility -scale solar installation could be allowed. So to ..... just to toggle back and
forth there a little bit. You can see that this would open up additional areas of
opportunity for large-scale sco.... solar. As I mentioned, uh, there are several
different methods for approval, um, whether something's allowed by right or what
we would call 'provisionally;' whether something has to go through an additional
approval process by special exception by the Board of Adjustment; or whether it's
simply not allowed (clears throat) like I said, in our public zones, P-1 and P-2. So
on this slide you can see the comparison of how basic utilities would be regulated
currently and how this proposed code change would allow for provisional special
exception and new provisional standards in ... in the public zone dis.... district.
Um.....let me go back a slide here actually. So talking about the difference
between provisional. Provisional means it's allowed by right, but it does need to
meet cert.....additional requirements or provisions. A special exception is
something that needs review and approval by a separate board, the Board of
Adjustment. Um, and often those uses need to meet general and additional
criteria, and approval by the Board. Um, and then (mumbled) fairly obvious.
Um, so staff has, uh, reviewed criteria, um, and proposed ways to integrate the
utility -scale ground -mounted solar with some provisions that we think would
address most of the concerns that would, uh, accompany a typical installation, uh,
as is currently being considered. Some of these criteria are carried over from how
we currently regulate basic utilities. That includes a 200 -foot separation distance
from residential zones, and then others of these criteria are based on staff
research, um, into, uh, other cities that have, uh, implemented code similar to this
and the advice of the American Planning Association when it comes to solar.
(clears throat) Utility -scale solar, excuse me. So the provisions that would apply,
uh, like I said, have to do with separations, screening them from public view.
There is an exception for that screening when it's used in part for educational
purposes. Um, we see the opportunity here to champion a pilot project, which
would raise awareness. So clearly we would not want to make that inaccessible to
the public. It does need to have some requirements though to keep it secure from,
um, the public and to secure the equipment. So there's some fencing that would
be allowed and some height restrictions on fencing. Also basic heights of the
equipment, um, and then also regulations havin' to do with if there is lighting on
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the site, uh, at night to avoid light pollution from that lighting and also to ensure
that, um, the surfaces, uh, where the solar energy is being collected do not
produce a harmful glare during the daytime. Um, obviously the benefits of
something like this help us further our climate action.... climate action goals. Um,
we also think that while this isn't a holistic solar ordinance, it does give us the
opportunity to be like I said nimble, respond to an opportunity before us. Also it
opens up the possibility for others who own land in the public category to perhaps
pursue similar projects too, as .... as this one, um, and, uh, further that renewable
energy generation in the city. Also because we are the land owner, we will be
going through a process of a lease agreement or a purchase agreement of some
sort. So things that the ordinance might not cover, could still be negotiated as part
of that process, individually, as the property owner, um, making a transaction with
the energy company. So this is a zoning code text change. It came to you from
the Planning Commission and it is going through three readings tonight, before
you. Once it would be adopted, staff just begins enforcement of the new code,
and at their November 7th meeting by a vote of 7-0, the Planning Commission did
recommend this to you. Be happy to answer any questions.
Throgmorton: I'd like to start, Danielle, by saying how impressed I am by how quickly staff can
produce nifty maps. Uh, I just asked Geoff earlier today if staff could produce
and provide such maps for us tonight, showing the locations (laughs) of these
areas that would, uh, potentially be affected and wallah! (laughs) Here ... here
they are, so thank you, Geoff, and thanks to staff for preparing the maps. I just
wanted to get that out there first. So do any of you folks have questions for
Danielle?
Cole: Just one maybe quick question relating to Mid American's role in this. My
recollection of the water treatment plant is that currently there is another energy
utility that.....is that another one, Geoff?
Fruin: (both talking) You're thinking of the waste water (both talking)
Cole: Waste water, okay! Question answered!
Salih: Good job!
Throgmorton: This does lead the way toward potentially at least development of a utility -scale
pho.... photovoltaic project .... on that property (both talking)
Cole: (mumbled)
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Throgmorton: So I mean we're aware of that and (both talking)
Fruin: Correct, and that would, um, if we're able to, um, reach agreement with Mid
American, that will come back to you in the form of a lease agreement. So you're
really just paving the way through the text amendments. Um, you will get a
chance to review a detailed lease agreement if we're able to negotiate that.
Taylor: Just it seems like a win-win situation because for Mid American also they're going
to be able to achieve their goals of. ... of, uh.....their energy production via the
solar and their wind.
Throgmorton: Well not production, but also (both talking) visibility.
Taylor: (both talking) .....visibility.
Throgmorton: That's a huge thing, I believe, for them. Okay, any other questions for Danielle?
Thank you. Would anybody else like to address this topic? Okay! Seeing no
one, I need to ask my fellow Council Members if you're inclined to vote in
accordance with the Planning and Zoning Commission's recommendation to
approve this zoning code amendment. (several responding) I'm seeing a lot of
nodding heads, so I'm going to close the public hearing. (bangs gavel)
2. Consider an Ordinance (First Consideration)
Mims: Move first consideration.
Salih: Second.
Throgmorton: Moved by Mims, seconded by Salih. Discussion?
Cole: Well I guess I'll just start off. I .... I think it's really fun to see this sort of, these
technical amendments (mumbled) actual implementation of when we talk about
sort of these broad -brush, you know, goals that we have, because I think anytime
we set these really high, high standards, the question is ... how are you going to do
it, how are you going to get there, and is it feasible. Is this gonna achieve
everything that we want to achieve? No, it's not, but I think this is .... (mumbled)
the maps, I'm glad, Mayor, that you asked for that. That's really what we're
looking at, and most of these will still be provisional. Um, so they'll still go
through a process in order to be able to get it, but to get that visible solar
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infrastructure, um, that we can get throughout our community to meet our goals,
um, and to remove some of those restrictions that we currently have. It's just fun
to see that come to fruition and again we give kudos to the staff for taking these
sort of abstractions and making them into reality. So great work and I'm happy to
support it.
Mims: Yeah, and I think also you mentioned the maps and I .... if I'm understanding this
right, and we're looking at installations that are at least an acre in size, and on
public property. People should not look at that map and think that we're gonna
have these all over in all those blue areas, because one you've gotta have at least
an acre, and two then you've gotta have the separation from residential, etc., etc.
So even within all those blue areas on the maps, there's probably .... a limited
number of sites that this is actually feasible.
Throgmorton: It's not just public property. Right? I mean it's property zoned in various ways.
Frain: Yeah, it's the blue property that you saw. It would be the public property. So
think of our parks, our facilities, school district grounds — that's what you were
seein', that's the big expanse of blue that came up.
Throgmorton: Any other discussion? All right, good deal! Roll call please. Motion carries 7-0.
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10. Rental Permit -Radon Testing — Ordinance amending Title 17, entitled
"Building and Housing," Chapter 5, entitled "Housing Code," to require
radon testing and mitigation in single-family and duplex rental units.
(Second Consideration)
Mims: So moved.
Salih: Second.
Throgmorton: Moved by Mims and seconded by Salih. Discussion? Would anybody like to
address this topic? I should ask that. Seeing no one, Council discussion?
Salih: I'm just really happy learning about radon, that the City's adopting this, like really
we are moving forward. Yeah.
Throgmorton: Any other discussion? Hearing none, roll call please. Motion carries 7-0.
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11. Repeal Rental Permit Moratorium — Ordinance repealing Ordinance No. 19-
4793, a temporary moratorium on new rental permits for single-family and
duplex units. (First Consideration)
Mims: So moved.
Teague: Second.
Salih: Second.
Throgmorton: Uh, moved by Mims, seconded by .... (both talking)
Salih: Teague.
Throgmorton: Teague. Discussion? Urn .... I guess I would like to say something first here. Um,
we've received several communications from residents of older neighborhoods,
located within walking distance of the University, and they've expressed
considerable concern about what will happen after the moratorium expires. I too
worry that ... I'm .... I'm a neighbor. I live in that .... the Northside neighborhood
anyhow. I worry that all the good work we've .... we have done with regard to
renovating and expanding older neighborhood schools, renovating older houses
through the UniverCity program, and greatly improving several neighborhood
parks will undermine ...... uh, will be undermined as a result of the State's two
preemp... preemptions of local power pertaining to, uh, this .... this kind of
situation. I'm also very skeptical that the steps we took earlier this evening about
parking and radon, uh, coupled with the stricter exterior maintenance and
enforcement measures we adopted roughly two years ago are good, important,
valuable, but .... might not be sufficient to maintain the characteristics and
diversity of the City's older nei... older neighborhoods. So I worry about that a lot,
just as many other neighbors do. Uh, I'm very conscious that it's possible that all
the new housing that we have supported or approved, with regard to multi -family
units and mixed-use, uh, buildings, uh, is likely to divert some of the market
pressure away from those, uh, close -in neighborhoods. Uh, we certainly hope that
was the case when, I don't know, five years ago we approved The Rise
development with its 550 beds or whatever the total is. And I can tell you that
several months ago, Geoff and I met, and some staff members — Tracy Hightshoe
(mumbled) Stan Laverman probably, met with, uh.... uh..... realtors and owners
of.....of rental, or managers of rental property, and I heard one manager, owner of
a company that manages rental property, who expressly worried that all the new
housing, uh, all the new buildings we had been approving and were likely, could
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possibly be approving over the coming months, would in fact undermine, uh....
uh, market demand for rental housing in these close -in neighborhoods. So I'm
conscious that that is a phenomenon that is out there and could affect the .... the
rental market in that area and therefore affect what could possibly happen in, uh,
those close -in neighborhoods. Likewise I'm very conscious that undergraduate
enrollments at the University of Iowa might decline somewhat over the next few
years. It's kinda hard to tell. That also would reduce demand and market pressure
in those older neighborhoods. So there's conflicting things going on here
simultaneously and it's kind of hard to process. Uh, but it is not clear to me that
we, um, I should say it is not clear to me that we can invent over the next couple
months a solution that the staff has not been able to identify or devise or the past
seven months. So it's like how we .... how we gonna do that? Uh, but, uh, and for
that reason I don't feel comfortable simply voting no on ending the moratorium,
as many neighbors have urged us to do. But I also don't think we need to end the
morato.... the moratorium sooner than scheduled without first assuring ourselves
and therefore assuring the interested public that we have adequately explored the
possibilities. And, uh.... I, so with that in mind .... my inclination is to say I think
we should defer action on the proposed.... ordinance to our December 17th
meeting, and that in the interim, I think we should invite other specific Council
Members and any other interested members of the public to suggest in writing one
or more additional possibilities for us to consider. We need to at least open that
possibility, give people a chance to do that, but we don't wanna just kinda stretch
this out without some confidence that we know what we're doing and we have an
end goal in mind (laughs) So ... that's my suggestion. I know we have a motion on
the floor but I understand that, uh, a motion to defer would trump that. So .... it's
amazing how that verb has gotten mangled.
Cole: So ... so you makin' that formal motion, Jim (both talking)
Throgmorton: No, I'm ... I'm inviting someone else to mot ... to move that we defer action on this
ordinance to December the 17th and that we invite.... other Council Members, or
members of the int.... interested members of the public to submit, in writing,
before ... uh, the Thursday preceding our formal meeting, uh, would that be
December the 12th or something like that, uh, a .... a.....a recommended action
that could possibly help, and .... and then we would have that to process.
Mims: I would like to ask that before we even consider a motion to defer that we be
allowed to have a little more discussion on the merits of the issue itself.
Throgmorton: Fair enough! Yeah, I think that's completely fair.
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Mims: Thank you. I ... I'd like to ask Geoff, urn ..... to and/or any other staff members that
he might ask to ... to kind of fill us in on what kind of options the staff has looked
at, how you've come up with those, how you have maybe eliminated certain
things. I know in one of the emails there was, and .... and I just, kind of for the
public benefit as well, um, there was some allusion to a ... an ordinance in (several
talking) Cedar Falls, yeah, question of whether we can do that. So I .... I think it
would just help us and help the public to kind of have an idea of what staff has
done. That would certainly help me as well in terms of det... determining whether
I think this is worth deferring.
Throgmorton: Sorry, my apologies, cause I .... as Geoff knows, I have already asked him to be
prepared to discuss those matters (laughs) and I meant to say that right at the start.
Teague: And at some point public comment hasn't taken place.
Mims: Right.
Throgmorton: Yeah.
Fruin: So, um ..... I'll speak a little .... I'll speak generally about how we got here and then,
um, talk about some of the things that we've considered and then, uh, between
Eleanor and I we can talk through the Cedar Falls ordinance with ya and, uh,
answer any questions about that that you may have. So, um, I won't go through
the three or four year history here with the State legislature changes. You know
that, but, um, in May of, uh, 2019, uh, staff did ask you for a 10 -month
moratorium. You'll remember that was quite a controversial time. I think people,
lot of people felt the 10 months was too long and there was actually a .... a motion
and a split vote on Council on how long that moratorium should be with .... with,
uh, those in the minority, um, asking for a six-month moratorium, and that's right
where we're about. We're a little over that six-month period right now. Um, what
we communicated to you and to the public as staff is that, um, we felt that 10
months was necessary to fully vet this out, but that we were going to do
everything we can to resolve this issue as soon as possible. So, that is why you're
seein' this item come before you, before the sunset date, is because we've done
that work. You .... prior to tonight, you held that first vote on those two ordinances
and, uh, to us it made sense, because we are not actively working on any other
regulations related to this that we retire or we end the moratorium, um, coinciding
with the .... with the third reading of the two items that were on your agenda, that
you already voted on. So since May, uh, we had a few meetings with realtors and
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landlords. Uh, I along with staff also met with the neighborhood council for a
general discussion about, uh, observations, uh, in, um, in the neighborhoods, um,
throughout Iowa City, not just, uh, the ones that you've heard from in recent days.
We reviewed and discussed, uh, possibilities, um, strategies of other communities,
and that review doesn't....it.....it didn't take a whole lot of time, because as I've
communicated to you before, familial status is used by the vast majority of
communities, university communities in particular, throughout the country. Um,
followed by rental caps. After that, there's not a whole lot of examples that we
can turn to. Um, so we really .... um, struggled to find other communities that had
strategies that we might be able to mimic. Um, we did take a look also at the
changes that we made after the familial status, urn .... uh, changes were made at
the State level, and it was much more than the rental caps. I think we all kind of
focus in on those rental caps and the Mayor mentioned property maintenance
standards, but we did a lot in addition to that, a lot of code changes. So I can run
through a few of those with you, and I think you'll get a sense of what we were
trying to do at that time. Uh, we .... we said that no more than 35% of a finished
floor area can be bedroom. We had a minimum bedroom size of 100 -square feet,
and then we also require that 100 -square feet of living space sal ... shall be
provided for every bedroom. So what do ya... what do ya see when you take those
collectively? We're looking at the .... the use of those homes and making sure that
it's not just a bunch of bedrooms .... in .... in these homes. That density was being
controlled through how homes were .... were built, and that if you were going to
have three or four bedrooms, that there was going to be adequate common space
for the people living in that .... in that unit. We, uh, enacted paving limitations in
the rear yard, uh, so again, trying to protect the character of the neighborhood,
making sure that we didn't lose a lot of the greenery, and that we weren't
increasing density unnecessarily by putting a bunch of vehicles in the rear yard.
Uh, we looked at, um, occupancy based on parking, and that's really what I
think.....1 think you're gonna hear this comes down to. If you really wanna
tighten up occupancy beyond what we've suggested, parking is probably the thing
that you have to hang your hat onto, but that's how we're governing, uh, that
occupancy right now — how many off-site parking spaces do you provide and that
determines the level of. ... of, uh, occupancy, uh, for those units, and then we also
did minimum open space requirements. So makin' sure that you're .... you have a
yard, um .... uh, and .... and that the entire lot wasn't bein' taken over by either
parking or house, you know, physical house space. So as we went back we
looked at that, um, we really felt like .... we need to give those time to see if
they're going to be effective. We .... we think they are going to be, um, effective in
managing the density for .... for individual properties. And that's why when
we .... when we went through our analysis this time, we ... we felt like, boy, when
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we went through this two years ago, we really checked all these boxes. The one
that we didn't, and we frankly didn't anticipate, was the front yard paving, which
you .... you considered. We did the rear yard pa .... paving. We probably should of
figured out that once we prohibit that they're gonna move to the front yard,
um .... but we're addressing that now. So we really feel that, um ... um, we've been
able to, through those code changes, um, change, um, or better protect, um,
how ...how those, uh, the neighborhoods and how .... how homes are being used
and we pulled some .... we pulled some data at the request of Councilman Thomas
and I think it's pretty telling. If you'll recall after the familial status, uh, law
change, we kinda had a rush ... rush to the well for building permits, and we
reported at that time, within a period of a few weeks we had 40 applications to
expand bedrooms. Um, so in a matter of several weeks after that change, well...
since 2017, I'm sorry, yeah. Since 2017 ....... so after we made those changes that
I just described, in the University impact area, where we have a couple thousand
rentals, we've only had 13 properties pursue bedroom expansions. Okay, that's a
very small number. That's less than 1 % of your rentals pursued those bedroom,
uh, expansions. In 10 out of those 13 were one .... just expanding one bedroom.
Uh, so we really only had the ... the one kind of major expansion, which you heard
about at the last meeting, which is a six -bedroom expansion. We really don't feel
like that is going to be .... I don't think there's a whole of opportunity for that based
on our regulations. I can't promise you it'll never happen again, but I think this'd
be a very rare case where someone can add a significant number of bedrooms,
given the code changes that we made in, uh.... uh, after .... at the same time we
were doin' the rental cap ordinance. So .... urn ..... kinda to sum up what I'm sayin'
is although we lost the rental caps, we still have a lot of other changes that we
made at that same time that we feel really good about and we are not seein' the
data, at least ... and we certainly don't have the experience, the anecdotal
experience of our inspectors of sayin' we're gonna see this massive expansion of,
uh, people pursuing greater densities within homes. Now....I can't, we can't
really intervene with the market forces. Okay? The rental caps clearly .... was a
mechanism to intervene with market forces and .... and not allow additional rental
permits. We ... we can't do that, and I think we have to accept the fact that the State
has told us loud and clear that they don't want us to intervene with the market
forces, so we have to make the best of that situation and make sure that the rentals
that are added, um, again are done... are done in a way that, uh.... um, don't detract
from that, from the character of the neighborhood. So that's where we stand. Um,
I'll let .... I'll let .... I'll turn it back over to you and when the time's right we can go
through the Cedar Falls ordinance that's been mentioned a few times.
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Cole: I guess I'd like to hear more about the Cedar Falls. I.....anything else people
warm talk about?
Throgmorton: Yeah, why don't we hear about Cedar Falls (several talking) then there... could be
that there are people in the audience who would like to speak to this too. (several
talking)
Dilkes: I'm going to start with the Cedar Falls ordinance. So, um, I thought it'd be good
to just review (clears throat) what the Cedar Falls ordinance does. Um,
essentially after the State, um, eliminated our ability to regulate occupancy based
on familial status, whether you're related or not related, um, Cedar Falls changed,
um, unrelated people to persons 18 years of age and older. So .... currently their
ordinance says that at least for new rentals, those that came on after August of
2014, you can have two .... you can have as many.... non.... under 18, but you can
have two 18 years and older by right. You can have three to four if you obtain a
group rental permit. Um, actually you can have more than four if you obtain a
group rental permit. And .... staff does the first review of the group rental permit
and then if the ... the person seeking a great occupancy is not happy, they can go to
their Board of Housing appeals. In looking at the criteria that they look at in
determining whether they're going to grant more occupancy, i.e., a group, um,
rental permit, they look at some of the same things that we have put in place in
our housing and zoning code. Um, they look at, uh, off-street parking
requirements, uh, they look at whether the zoning requirements are satisfied.
They look at a couple things like lot width and area, lot area .... that to me don't...
make a lot of sense, but the take -away, I think, is that they're looking at those on a
case-by-case basis, urn .... there's some additional criteria in there. Urn .... but
we've looked at their six-month review of this ordinance. They had some data on
their website, and... and there are significant numbers of the group rental permits
for increased occupancy being ... being given. Um, one thing about the Cetar...
Cedar Falls ordinance, unlike the way we do things, is that if a unit had a rental
permit on August of 2014, they retain their occupancy at four, until it's sold, and
then there's some additional requirements. That is not how we ... we apply our
regulations. We apply the existing regulations at the time of the issuance of each
yearly.... or.....bi-annual, um, rental permit. Um .... we've been aware of the
Cedar Falls ordinance ever since the familial status, uh, preemption. Um, and .... I
rejected it as a .... a, um ..... um, cause I think it's subject to a lot of challenges.
Um, number one, I think it's pretextual. I think it's taking basically 'unrelated' and
it's calling it'18 years of age and older.' Unt .... essentially if you look at the Cedar
Falls ordinance what they did is they took 'unrelated' and they substituted'18
years of age and older.' What I think .... what also is a real problem, and kind of
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ilit ... illustrates the pretextual nature of it is that there is no exception for persons
18 years of age and older who are family members. So in other words, let's say
four brothers wanted to live in a home, or four cousins wanted to live in a home
that were over 18 years of a .... age, or .... a grandmother and .... and three
grandchildren who weren't, you know, they couldn't live in the home. If we were
gonna draft such an ordinance, I think to be, um, constitutional, because there's a
liberty interest that's been recognized, a due process interest in, um, the ability for
families to have their particular living ... or the living arrangements that they
choose to have. So in other words the United States Supreme Court has said, 'It's
okay for you to regulate based on unrelated status, but don't start messing with the
ability of family members to live together.' So I think that's a major flaw with the
Cedar Falls ordinance. Um, and obviously if you put an exception in for family
members, you kind of come full circle to the (both talking)
Salih: Same thing!
Dilkes: ....same thing that the State has (several talking) just prohibited. So I think it's
really problematic. I identified those issues from the start and .... we never really
pursued that approach, but .... and I think another reason to not pursue the Cedar
Falls approach is cause you can accomplish the same things by doing, by putting
your housing code requirements in place, and your zoning code requirements,
whether those are stringent enough or not stringent enough, that can be debated,
but .... but it's things like parking, um, it's things like open space. Those kind of
requirements that are going to .... that I think we have left to dictate the occupancy.
Without the associated challenges.
Throgmorton: Okay, this is very helpful. Thank you, Geoff. Thank you, Eleanor. Uh, would
anybody in the public like to address this topic? Please come on up, Nancy!
Please state your name and write it down too.
Carlson: My name is Nancy Carlson. I love at 1002 E. Jefferson. (mumbled) And I would
like to (noises on mic, difficult to hear) I'm here to ask you to .... to look at the
moratorium a little bit longer and little more closely. First I would like to read a
letter that was signed by, uh, some of our neighbors. Dear City Council Members,
in the 1990s our area was rezoned from RM -12 to RS -12. We had seen the
pressure apartment houses put on core neighborhoods. We living in the
neighborhood never felt safe. When you make a long-term commitment in
buying a house, you want to know what you can expect. Both in the makeup of
the neighborhood as it stands, and as it changes. We're asking you the City
Council to help us. Although we realize the structure at 938 E. Jefferson will be
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built, we believe such structures have a destabilizing effect on ours and other
neighborhoods where they could be built. Given Iowa City's rental history, we
believe this can become the newest concept for developers in the central
neighborhoods. We have worked with the City in the past to guide the changes
that promote a positive addition while maintaining a vital and diverse
neighborhood. Please help us in our commitment. And this was, we went around
the neighborhood and there were 12 neighbors who signed it. Attached to that is
a .... is a map. This shows that we are not against development. In fact in our area
there has been a lot of development, uh.... eight and nine happened in 1971. The
rest of this all happened from the 1990s on to this day. You can see there are lots
of different ways to do development, including moving houses (mumbled)
moving houses or building on. Or building new ones. I would like to go over one
other thing. Uh, I did, uh, some research and did a breakdown of the square
footage of the structure at 938, because one of the things that you ... one of the
things that is said you want to use to, uh.... regulate the number of people in a
house is the number of bedroom space. 938 Jefferson has 3,408 square feet. The
total bedroom square footage is 2,000 .... is 1,044 square feet, which is under the
35%. However, each bedroom has a private bathroom. If you add the private
bathroom on to the bedroom, you come up with 1,504 square feet, which is 40...
approximately 44% of the footage .... of the square footage of that building. That
leaves 1,904 square foot for communal living, because one of the things we
wanted to make this feel is like a house, like a real, you know, a group .... a family
would live in it. In the communal space, the living room is 197 square feet. The
kitchen is 66 square feet, and there's a storage room down in the basement that's
195 square feet. That comes to a total of 456 square feet out of 1,904 square feet
that's used for communal living. The other square footage, or approximately
1,446 square feet is used for hallways, steps, laundry room, furnace room, and one
half bath. So is this the type of.....is this the type of construction that we wanna
see and are we really attempting to build.... houses that really would house a
family, or is this a defacto rooming house, which we have gotten rid of a long
time ago, and the thing is that with the percent, bedroom percentage, I believe, is
very important, or the personal space percentages. Very important. Thank you.
Throgmorton: Thank you, Nancy. Hi, Austin.
Wu: Hello there! Uh, Austin Wu, uh, UI Student Government City Liaison. Uh, I
would like to draw some focus regarding student concerns in relations to, uh, the
rental permit moratorium currently in place. Uh, we recognize that the
moratorium was enacted due to actions outside of your control by the State
government, uh, however, the policy that the moratorium intended to replace, the
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rental permit cap, was far from ideal as well. Uh, past UISG City liaisons have
expressed reservations about the po... potentially deleterious effects towards
students that over -regulation of the number of rental units in the city could have,
and I would like to reiterate those concerns. Uh, a stable supply of rental housing
near the University is essential for keeping housing affordable for students in
walkable neighborhoods, where they can dispense with their cars, which is crucial
for safer streets and reducing carbon emissions. Renters are students, workers,
and residents. Just because they do not have title to land does not mean they
should be treated as less welcome or a nuisance to be dealt with. Uh, I believe
that solutions that are mutually beneficial to homeowners and renters alike are
possible. Uh programming that seeks to create neighborhood engagement among
all residents, as well as exploring housing options that site homeowners and
renters on the same or nearby parcels, as opposed to some of the large-scale
(mumbled) properties today could both be potential paths to stable neighborhoods
without limiting where renters can live. And then there's something in the late
handouts that I think was of note as well. Um, Susan Shullaw drew, um, what I
think is a correct point, that some of these new, uh, large, uh, higher density
student housing (mumbled) student marketed developments, kind of like Latitude
or Rise, um, might actually have an unintentional effect of drawing students to,
um, houses or to lower priced properties. Uh, a lot of these new developments are
kind of lux... advertised as like these luxury, um, sites with off -suite bathrooms,
granite counter tops. Lot of things that students don't really want, I think, or can't
afford, and it pushes them into these, um, core neighborhoods as well. So I think
one .... one option that might actually be worth exploring is bringing back some of
these SRO places or true single, um .... occupancy places that were really common
in the United States before 1945, but kind of have fell by the wayside, but for
young people who move around a lot (mumbled) affordable housing back then. I
think they could be worth exploring again. Thank you.
Throgmorton: Thank you, Austin. Anyone else? Hi, Diana.
Harris: Hi there. Diana Harris. Uh, I live on the Northside. I own a house that I live in
and, um, I was .... it was interesting to hear the City Manager explain why there is
a reason to sunset this moratorium, but I can tell you that the people I know in my
neighborhood have not come to Council and say, 'Please get rid of this
moratorium.' I think the amount of time that you have to work on it is probably
not sufficient, but there's no reason to cut it off. I would also like to comment on
the fact that I have been in this room more times to talk about deer culling than I
have to have conversation with anybody about, uh, the kinds of things that affect
the neighborhood that I live in. Thank you.
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Throgmorton: Thank you. Anyone else? All right, I don't see anyone else. So .... we should have
Council discussion, and what we have is a motion on the floor. I introduced the
possibility of deferring action to the 17th. We could engage both of those topics,
but at some point we'll have to vote on either, uh, either on the motion that's on
the floor or to .... introduce a motion to defer and vote on it. Does that make
sense?
Salih: Uh huh.
Throgmorton: Okay.
Salih: I just wanna.... I wanna say that, you know, I guess we as a city and especially as
a city council who passed the renter cap, we as a city are very interesting, that's
why I guess in the beginning they work hard to pass the renter cap. And after that
the six-month moratorium. And also right now the City is working, the staff, they
said, as I heard from them, they are working very hard to use another
measurement to make the situation better. For example the opening space and the
parking. I understand the situation by the residents. I agree with you, and I guess
we are in the same page because the City done it before. That means the staff, I
guess, and the Council, they have interest, the same interest as you. But ... right
now the City cannot do anything because of the .... what happening at the State
level. And, uh, I thinks I will be really, it will be glad .... I will be glad to hear
something from the public, any kind of measurement that we as a City Council we
can consider or the staff can consider. I was hoping the .... as a, you know, city
that can be work, but now we, as Eleanor just laid out, just like something we
going around the same thing and like some kind of a .... you know, maybe is this
not gonna be right (coughing, difficult to hear speaker) I just ... really don't know
what else can we do, but if there is another measurement that the public have it
and we don't know about it, uh, you know, I will be glad to hear it and consider it.
That will just .... I will accept deferring it, if somebody also .... we come up with
something so we can talk about it. At the same time, if that's what make ... if the
sunset for March will make the residents happy and we can do it, even though I
don't know does it make sense or not? But if that's something that what you want,
I thinks also we can consider it, if, uh, we can just also .... after deferring it, if we
can continue to ... to (mumbled) but to me it doesn't make sense, but still .... I just
thinks we are not (mumbled) somehow, but that's all we have in our hand right
now, and staff has really working hard (mumbled) measurement to better the
situation. That what I thinks and I'm a .... I'm (mumbled) for deferring.
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Teague: So I do hear what you're sayin' (clears throat) Maz, as far as like .... if someone
was able to come up with another, uh, kind of a tool, uh, in the toolbox and that
hasn't already been .... kind of lay it out and .... and put into place, then I think we
are definitely open to that. Um, a part of it is, urn .... we don't have the right to
keep, urn .... you know, the enforcement, and so the moratorium, for me, urn .... I
was the one that suggested six months (laughs) um, because I really feel that as
lawmakers.... we cannot hold on to somethin', um, if there's .... if we've already
exhausted all the tools. We can't keep holdin' on, um, to somethin' that we don't
have authority to hold on to. There's people bein' affected. Whether we agree
with that or not, but there's people that warm sell their home, whether they, um,
they have a right to sell it to whom they want. Um, I think Austin just talked
about, you know, urn .... that we do have to consider how we speak about renters,
because they are also residents of our community as well, that are highly welcome
by me, and I .... and I'm not suggestin' that anybody has, you know, said anything
negative about, um, the student population and that, um, related to that, and I also
do get, um, that some of our popu... or residents, communities, are.....every place
you look on the street it's a rental, rental, rental, and so I do get, um, maybe the
concern from the rentals, which you know the ordinances have started to try to,
you know (mumbled) um, between the housin' and the zoning codes, when you're
talking about, you know, parking now bein', you know, on the (laughs) in the
middle of the grass, and that type stuff. So .... there are major things that I think as
Court ... urn, Council and .... people within the community do want to address to
make sure that their neighborhood looks like a neighborhood. The quality of the
individuals that are there care about, you know, the properties and that type stuff.
So ... I do feel.... and... at this moment in time, that the tools (laughs) in the toolbox
we have used to the best of our knowledge and the best of our ability, I appreciate
staff for doin' all the hard work with, um, not only the .... the realtors and, um, but
also people within the communities. It is unfortunate that I do hear people sayin'
they weren't aware, uh, or they hadn't, you know, maybe kinda.... (mumbled) that
they're realizing that the moratorium is goi.... is comin' off. We just, you know,
talked about Cedar Falls and what I hear is .... what Cedar Falls is doin' is
probably.... we're essentially doin' it, just in different ways. Um, so we are doin'
everything that we can to make sure.... ultimately that the communities, um, and
neighborhoods are well taken care of, groomed, and all this other stuff. The other
thing is that there is also opportunities when we're talkin' about, um, landlords
and .... cause there's some things that I know within our .... you drive down the
street and you .... you don't want to be able to point out that's a rental house. Um,
and I think a lot of the (mumbled) with rental houses there's some common
characteristics, and that's stereotypin' and that's, um, some of it is not true because
some of it could just be a homeowner that, you know, their property looks like
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what some might call a .... a rental property, but I think there's a lot of measures
that we're puttin' in place to ... and it's really for the character of the neighborhoods.
Um, we do know that, um, there's a lot of individuals that would like the
moratorium to continue. What I say is ... um, at least for me personally, I think
we've exhausted the tools in the toolbox. And.... for me to hold on to the
moratorium, until next May, after the State has stated we don't have (both talking)
Cole: It'd be March.
Teague: .....until next March. The State has said we don't have that authority. I don't
believe that.... personally I can continue with that. I do hear the Mayor request,
um, to .... you know, see if there's another item that we can put into place, but just
like, you know, the, um, kind of the .... and I'm sorry I'm, uh, the parking and I'm
trying to figure out the terminology, um, of some of the things that we're doin'.
Um, relatin' to zoning codes. That can come. That still can come. The
moratorium.... that.... that's not a tool. So a tool would be, you know, the zoning
code. So if there's another tool, like the zoning code, those conversations can
happen now. To hold this until the 17th, um .... I don't know that that is gonna
accomplish .... I really think that if there's another tool that wants to be suggested,
then let's get that, uh, tool, let's get it on the ag.... let's, you know, kind of discuss
it, and see if it can be on the agenda. So for me, I am .... I can't hold up the
moratorium because I don't see any more tools currently, and if there are more
tools, bring'em to us because we want to make sure that we do everything within
our ability to protect the character of our communities.
Mims: Let me make just one quick point and then I'll let other people speak, but I think
it's important that we understand that what we are doing tonight is a first
consideration of an ordinance. So we will have second consideration on the 17th.
We will have third consideration, assuming we do not, uh, condense, which I'm
assuming we would not, until our first meeting in June. So until we have (several
talking) January! (laughs) (several talking and laughing) I don't wanna have
winter! (laughs) In January .... so we have an entire month before this would
actually be repealed, to give people plenty of opportunity to bring forth more
ideas, tools, whatever that we could use. So based on the fact that we have an
entire month before this would actually be completed, I .... do not support, um,
deferring it. Cause at any point in time we can .... (several talking)
Throgmorton: Pauline, John, Rockne?
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Thomas: Well I'll .... I'll chime in on this. Um, you know I really tried to focus on the goals
that we established before going into the moratorium, uh, and I think the critical
one that I see, well there are a couple of them, but probably the main concern I
have is .... is goal two, which states'maintain neighborhood characteristics and
]rousing options suitable for attracting a diverse demographic in the City's older
single-family neighborhoods.' And I do .... I do like the way that's being phrased.
It, you know, it's a diverse demographic. I .... I think it's important that we try
to ... when we're discussing these issues, uh, of try to avoid .... using language
owner -occupied.... the owner -occupants versus the....the renters. It's the students
versus the non -students. You know, I think that the notion of diverse demographic
tries to avoid that, and I think that's useful. Uh, and in fact, you know,
what .... what we always, you know this has been going on for decades; 50 -some
odd years trying to establish, in a sense, this notion of diverse demographic and
what is I would argue one of the most important.... neighborhoods, or group of
neighborhoods in Iowa City, in that they are part of the core of Iowa City. It's
defin... defining image of Iowa City is .... is strongly.... the neighborhoods, the core
neighborhoods, strongly contribute to that, either in a positive or a negative way.
Um, they're also extremely valuable, you know. I suspect if we looked at the
assessed values of the core neighborhoods we'd find their assessed values are
higher than most of our other neighborhoods, partly because they're a mix of
single-family and multi -family. Uh, they also I think are important in terms of
being in the core they have access to .... employment centers .... the commercial
area of the downtown, ub, and it's within a walkable distance. So it's really, I
think many people would like to live, uh, near where they work, if they should
work in the downtown or the University, and have access to the downtown. So
it's a valuable....these core neighborhoods are very valuable to us. As a city. So
I, you know, I would be .... I would love to lift the moratorium. Right? (laughs) I
mean, uh, of course! You know, we're good. Let's move forward. But you know
we do have the example of 938 E. Jefferson. And .... you know, as Nancy has
stated, it's a seven -bedroom, seven -bath house. As a Councilor, how can I feel
comfortable and secure that we lift the moratorium, uh, when .... when that is a
project that was actually permitted back in April. Um .... is moving forward, when
it's moving .... and.....in a diametrically opposed direction from what our goal is
stating, which is diversifying the demographic. Um .... so I....it would be very
difficult for me to say, yeah let's lift the moratorium when we have evidence on
the ground that our goal isn't being achieved. Now I think it's, from what ... as
what Eleanor said, uh, a main focus of the Cedar Rapids ... or Cedar Falls code is
....is controlling occupancy by parking. Um .... maybe that's what we need to do.
Maybe we need to revisit our parking standards, uh, to ... to make sure, because the
way the parking is dealt with at 938 Jefferson is most of the parking is just
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accessed off the alley and it's a row of parking. Um .... what's very troubling about
938 is it's a ... I .... I think there are many properties like it in the core
neighborhoods. It's a large lot with a rela.... relatively small house, um....
it's .... it's actually ripe for development. You know the value of the .... of the
dwelling is not much more than the value of the land. The land's actually pretty
valuable and the dwelling not so much. My goal has always been and it has been
for probably five years is taking the development potential of the core
neighborhoods and directing it to both.... diversifying, as stated in our goal.
Diversifying the demographic, allowing opportunities for rental, non -rental, for
people of all ages and .... and, um, incomes. Uh, one of my concerns with this is
that if we .... if we do see, uh, these larger residences, because we have no ... um,
occupancy cap, and .... um, these larger lots accommodate the off-street parking
requirement, that that will preempt the opportunities of accomplishing the missing
middle, um, that we all were very thrilled by in the .... in the South District.
Actually the missing middle is ... is more strategy that's considered an in -fill
strategy. This is what Minneapolis is proposing. Uh, so, you know, we were in a
sense ahead of Minneapolis. Now we're sort of...of putting our in -fill missing
middle on the back burner. I'm afraid it's going to completely disappear. Uh, if
we do not .... provide an opportunity for that to happen. Um, so I, you know, I do
support the deferral. I .... I really feel 938 Jefferson is a warning shot that we do
not have .... we have not revised the site development standards sufficiently to
ensure, um, these higher occupancies. From what I understand, Cedar Falls
typically sees, uh, you know, and they will allow up to four, but they're not saying
anymore than four. Um .... so it seems to me we are still allowing occupancies
that clearly move us away from this notion of divers... diversifying the
demographic. So I .... I really feel we need more time to consider it.
Cole: Yeah, I'm going to be supportive of more time, and I think one thing that's very
important to clarify. This whole renter versus non -renter has never been what this
has been about. As I see it, it's only really been about one specific narrow issue,
which is the conversion of single-family and duplex houses that were designed for
original use and for a variety of reason over the course of 50 years, morphed into
something else, where you would get a single-family home, broken up into little
pieces, with multiple rooms, um, that... resulted in densities that were far and in
excess of what we ever thought originally they were intended to do. It never
applied to multi -family. So this notion that this Council is against, um, renters,
just nothing could be further from the truth. We have done .... tons of multi-
family We've done tons of low-income family housing. And that is something
that has been a core value that we've shared. So I ... I just don't think in terms of
renter versus non -renter, that's just not true. The other part, in terms of what we're
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looking at, is a balance, a diverse demographic, and that also includes long-term
renters. Um, I think of organizations like the Housing Fellowship. One of the
things they've been able to do is get housing stability for long-term renters, so
they can sink roots as well. Um, students are by definition short-term. So there
are some unique issues to ... relating to students. And this notion that we don't love
students, we (mumbled) who would live in Iowa City if you didn't love students?
Um, but there are challenges when you have nine students go into one building,
that makes it virtually impossible for a non-profit to purchase that and use it as
like a, um, low-income housing. It makes it very difficult for a family to compete
in the market place to be able to purchase some of these units. So that ... that was
the context in which this originally arose. It was never intended to be a, uh, anti -
renter at all. Most of us have been renters. Most of us have friends that are
renters. It was never our intent. We have had these regulatory tools that have
been taken away from us. We completely understand that. We understand that
come March 1 st we'll see what will end up happening. We cannot do that. We get
that, but are there any additional tools that we can utilize, that we can explore.
Um, I think we owe it to ourselves to do that. Obviously it's gonna fall under the
province of the next Council. Um, it is extremely complicated, and if nothing
else, just to convey to the community, um, what we're doing. I think we're not
talking about an indefinite suspension. We're talking about at least a two week for
that first reading. I say let's give us that time to do it. Um, so we can get that
additional feedback and ... cause I would agree with you, John. I mean the seven -
bedroom, I mean that is in fact a rooming house, and by the way, I actually have
no problem with additional rooming houses in the neighborhood, as long as that's
what they're designed to be. I think of one of the famous rooming houses right
near Pappa John. That's a classic rooming house! I'm not against that, um, so I
agree with, um, Austin in that sense that I think if we need to identify, um, renter,
um, you know, if there's going to be regulatory barriers to some additional
rooming houses that are designed as such, with hallways and bathrooms and
designed as a rooming house, I don't have a problem with that! But it should be
designed as such, as opposed to these ... in essence what became Rube Goldberg
machines, in the sense of a single house that was broken up six different ways,
and it's been very difficult for our staff in terms of the health and safety piece of
it, to ensure that those are safe places to live. So there are additional challenges.
It is an extremely complicated issue. Um, so I say let's give us a little more time.
I'll be supportive at least deferring this for two weeks. As Susan brings out, I
mean it .... so we defer it two weeks, it'll take three readings. That gets us close to
the deadline anyway. So we're .... we're not talking about that much time, and I
think everyone on Council's agreement that we can't go any farther. So it's really
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just a matter of degree where we may have some disagreement here, um, is where
I'm coming from.
Taylor: I also think that, uh, perhaps deferring it, uh, as the Mayor suggested does have
some merit. It's a valid argument on that to request, uh, other options, because
what I see this, uh, the problem with this is that general public wasn't really aware
of our intent to repeal this before it came in this packet, and I see that as kind of a
trust issue too. They trusted when we set the date that that's what we sunset
(mumbled) March, and I think that we draw a fine line when we start changing
our plans and changing dates for things, and changing sunset dates, and I think,uh,
but as .... as Rockne just pointed out, we'll be even closer to that March date and
perhaps I'll think a little differently, and the public will be aware of our intentions
then.
Teague: One.....one question I do have is .... the common space, you know, the housing
code, um, especially after hearing about 938 Jefferson. If that is somethin' that
can be looked at to .... in this process? (several talking) .....because a .... again, I
guess for me I wasn't .... what I heard Rockne say was this really was related to
rooming houses, um, multiple people in one unit. And I do agree there's a place
for rooming houses, like, um.....so I guess I didn't understand that was a part of
this piece so largely, but....
Cole: ....saying historically (both talking)
Teague: Historically, urn .... but I do think that one, but again, that's a tool outside of the
moratorium, but .... which I'm .... I'm fine with delayin' it to next, um, to the 17th.
But the .... the common space, I would just like to mention, you know, the housing
code, just to look at that, to come back and see if there's anything that we can do
there. The off-street parkin', I do have questions about that because.... whatever
we set is not just related to rent ... um, rental homes. It would be related to home
owners as well, is that correct?
Salih: Uh huh.
Teague: Off-street parking? Um, so I .... I think we also have to keep that in mind, because
there are homes where families live, where, you know, if you have three kids
(laughs) and two (both talking)
Salih: ...five like me.
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Teague: Yeah, five kids, although we're not promoting cars (laughs) you know, totally with
climate action, but .... that is to be considered as well, because, you know....
That .... that's a hardship. So if we're lookin' at that type stuff, I think we also have
to realize there are home owners, urn .... with large families and .... because that
really gets at the off-street parkin', at least the language right now, as gettin' to
strategies to decrease how many people rent in a rental.
Throgmorton: Okay, so I'll say a few words about this. Some of you know this, some of you
don't. I have lived in the Northside neighborhood for 25 or more years. I've lived
there as a renter. I've lived there as a landlord. And I've lived there as a home
owner. Plus, like many of you, I've been working on this, as has the staff, for two
plus years. So this is a difficult problem and it's one that I can say I personally
understand (laughs) because I've lived it for almost 25 years in various ways, but
the central question facing us tonight is real simple: shall we end the moratorium
with our first vote tonight, next two that would follow. I'm really doubtful that we
or other interested parties can invent a solution that the staff has not already come
up with. I'm very skeptical that that is likely to happen. But .... I think we need to
give interested people, whether they're on the Council or out in the audience or
watchin' on TV or whatever, we need to give them a couple weeks .... to propose a
solution they tha... think might work. And therefore I do think we need to defer to
the 17th, uh, to defer our first consideration to the 17th, with the expectation that
interested people will propose, in writing, prior to that date a solution they think
would work. And then we'll have something in front of us; we can consider it;
and if we think it has merit, we've got some time to work on it. If we don't, we
vote up or down on the moratorium. So .... that's why I was proposing to defer.
I ... I'd like to say a couple other things briefly. One has to do with the .... the new
housing and the claim that construction of lots of new housing units and big
buildings is gonna drive students into smaller rental units in the Northside or, uh,
Miller Orchard or Longfellow or any related neighborhood. Makes no sense
whatsoever, because it's .... those units are expanding supply. Some students are
gonna go (laughs) into those units. A lot of students actually! So that's gonna
decrease market pressure, if anything, on those, uh, close -in neighborhoods.
Yeah, so .... I.....yeah, I think that's just a misguided objection. All right, with ... I
don't want to blather on about this.
Dilkes: Did you put a motion to defer on the (both talking)
Throgmorton: Yeah, could I have a motion to defer to the 17th of December (both talking)
Cole: So moved.
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Salih: Second.
Throgmorton: Moved by Cole, seconded by Salih. Discussion?
Mims: I would just like to make one final comment, cause I haven't .... I don't think I
really commented about the merits of what's been happening, and I do want to
address that. I do not .... I wish, and I think all of us wish, that the staff could of
found stronger, better mechanisms, uh, for addressing the issues that we're talking
about. Um, I think when we talk about this house at 938 Jefferson, that's very
concerning. Um, I've talked for years about that concern of the smaller houses
being torn down and behemoths being built in neighborhoods like that, where
they just don't fit. So ... I .... I am very concerned and sensitive about the .... the
preservation of these neighborhoods and making them continually available for,
uh, the terminology that we came up (both talking)
Cole: ...diverse demographics...
Mims: Yeah, the diverse (several talking) diverse demographics. Um ... and I .... I don't
think we're ... I don't believe we're where we want to be, but I also believe that our
staff, um, is very good at looking at all the options, and because we would have a
month until we had completed our votes on this, I think that month gives people,
um, plenty of opportunity to bring to us ideas and suggestions, and if we and/or
staff hear one that we think at that point and time is workable, we can always
defer the next vote or vote not to, uh, to stop the moratorium, but as Bruce said
earlier, I think we also have an obligation on the other side, and that is to
landlords, property owners who might want to get a rental permit. And so to
postpone this simply out of the idea that we might get another idea that will help
us, I don't think is fair to people on that side. So I will not support the deferment.
I ... the deferral. I think we should start the voting process tonight, um, keeping
open the idea of getting suggestions and ideas from people over the next four
weeks, and if we find something, great. Uh, we can defer it from that point on.
Otherwise, um, in a month's time we would end the moratorium, which I think is
a fair thing to do for the people, as Bruce said, might wanna be trying to sell their
home or for other financial reasons are being, uh, impacted by the moratorium.
Throgmorton: Further discussion? Uh, just like to clarify one point. If we defer action tonight
to the December 17th meeting, that does not mean that we are extending the
moratorium beyond March the 10th.
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Salih: March 1st.
Throgmorton: Huh? Yeah, that is the deadline for the moratorium. So we're not ... taking
something away from somebody else. We're just giving ourselves a little more
time, and the residents and public to ... come up with an idea that might work, and
if it doesn't, too bad. We move on! Okay, so we have a motion on the floor to
defer to the 17th, and just for clarity's sake, with the expectation that people will
submit, in writing, suggestions about, uh, a solution that they think would work,
prior to that meeting, preferably, uh, by Thursday the 12th of December, which is
when we distribute written material in our handouts and information packet and
all that kind of stuff. Okay, so .... we have that motion on the floor. Um, and this
is a .... just a voice vote (mumbled) All in favor say aye. Opposed. Motion
carries 6-1. Could I have a motion to accept correspondence from Kent and Kay
Ackerson, Susan Shullaw, Jackie Bigger, Matthew Loge, Diana Harris, John
Brandon, and Nancy Carlson?
Cole: So moved.
Salih: Second.
Throgmorton: Moved by Cole, seconded by Salih. All in favor say aye. Opposed. Motion
carries.
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12. Scott Boulevard Trunk Sanitary Sewer Extension — Resolution authorizing
the acquisition of property interests necessary for construction of the Scott
Boulevard Trunk Sanitary Sewer Extension Project.
1. Public Hearing
Taylor: Open the public hearing. (bangs gavel)
Sovers: Good evening, Council. Scott Sovers, Assistant City Engineer. (mumbled)
Okay. So (clears throat) basically the scope of this project is, uh, to extend a 24 -
inch diameter sanitary sewer from the Iowa Interstate Railroad on ... northerly
along the north branch of Snider Creek, up to American Legion Road. Um, the
primary purpose objective of this project is to support existing and proposed
growth within the sewer shed as well as to decommission, uh, the Windsor Ridge,
uh, sanitary sewer lift station that was originally installed as a temporary outlift
station, um, approximately 20 years ago. Uh, the estimated construction cost of
the project is (clears throat) roughly $1.3 million. The schedule, um, that we have
outlined currently is, uh, we're in the design development phase currently. Um,
we're planning to start right-of-way acquisitions, um, just after the first of the year
and probably extend through June. In the spring, um, planning on a bid letting in
July and then construction starting, um, late, um, next year in October and
December timeframe. I'd be happy to answer any questions you might have.
Taylor: Any questions for Scott?
Mims: Any questions from the audience?
Taylor: Anyone in the audience have any questions for Scott? (bangs gavel) Close the
public hearing. Consider a resolution.
2. Consider a Resolution
Mims: So moved.
Salih: Second.
Taylor: Moved by Susan.....Mims, seconded by Salih. Any discussion?
Thomas: Hadn't heard of sewer shed before (laughter)
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Taylor: Say that ten times! (laughter)
Throgmorton: No, please don't! (laughs)
Cole: (mumbled) I have.
Taylor: No further discussion? Roll call. Motion carries .... 7-0.
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13. Prentiss Street Replacement Bridge — Resolution approving project manual
and estimate of cost for the construction of the Prentiss Street Bridge
Replacement Project (BROS-3715(663) — 8J-52), 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) Melissa, how are you?
Clow: Good!
Throgmorton: Nice to see you.
Clow: Good to see you. Good evening, Council. I'm Melissa Clow, Special Projects
Administrator with the Engineering Division. Um, currently working on the
Prentiss Street Bridge Replacement Project. Um, we're looking at the bridge
replacement over Ralston Creek, with a triple 8 -foot, 8 -inch by 13 -foot reinforced
concrete box culverts. We had replaced Prentiss Street from South Dubuque
Street to just east of Ralston Creek. Increase capacity of storm sewer along
Prentiss Street on the north side, to reduce surcharging during large rain events.
It'll also include sidewalk, ADA -access in this area. We're looking at a 31 -foot
overall pavement width, with 10 -foot travel lanes. We do show your half -width
at 15 and a half feet, but we do have parking on the east side, or east .... on the
south side for east bound traffic. We have six-foot sidewalks on the north and
south sides of the roadway, and 80 -foot existing right-of-way is typical in this
area. During construction we are proposing two phases — the east and the west, to
allow access to all adjacent property owners during construction. Um, during
each of these phases there will be a complete closure of the roadway during
construction, with pedestrian, vehic... vehicular detours directed to East Court
Street. Estimated project costs, um, total construction is $1,231,621. Um, as you
can see, 916,732 will be from the Urban Bridge Fund, um, we have an agreement
with the DOT. The rest will be supplied by local funds. And then our schedule,
um, we completed design development in September; completed right-of-way
acquisitions this fall; um .... bid letting, uh, plans will be available to contractors in
early January, with uh.... we'll take bids on January 21 st and then we will
construct, begin construction June 1 st. Completion by November, and we are
done with our right-of-way acquisitions.
Throgmorton: I was wondering about that.
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Clow: Yeah (laughs) Those are complete. So if you have any questions .... I can answer
them.
Throgmorton: Any questions for Melissa? Don't see any, don't hear any. Thank you.
Clow: Thank you.
Throgmorton: All right, anyone else like to address this topic? I don't see anyone. So 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.
Mims: Second.
Throgmorton: Moved by Thomas, seconded by Mims. Council discussion? Hearing none, roll
call please. Motion carries 7-0.
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14. Amendment to Foster Road Development Agreement — Resolution approving
First Amendment to Agreement for Private Redevelopment between the City
of Iowa City, Iowa, Foster Road Developers, LLC, Vintage Cooperative of
Iowa City and Ewing Land Development & Services, LLC
Throgmorton: Could I have a motion to approve please?
Mims: So moved.
Teague: Second.
Throgmorton: Moved by Mims, seconded by Teague. Hi, Wendy!
Ford: Good evening, Mayor. I'm Wendy Ford with the Economic Development... or the
Economic Development Coordinator. Um, as you know Foster Road is nearing
completion and the development agreement for it had called for a number of items
to be complete. All of which are nearly complete, with one exception, and that is
a segment of the sidewalk on the south side of Foster Road. On the north side
there's a .... a new eight -foot sidewalk in place, and that will serve the, uh, new
neighbors that'll be moving into the Vintage and those who would be served, uh,
or those who would be living in the townhomes to be developed on, uh, on Foster
Road, as well as provide the connectivity between Prairie du Chien and .... and
Dubuque Street. Um, so, uh, staff felt that it would, uh, be okay to allow the
completion of that south side segment, um, to no later than May, uh, of 2022,
which would be just in time for them to, uh, complete all requirements to be able
to get the first rebate due in the TIF rebate agreement that we have with them.
Now should the townhomes that would be built on that lot, which is lot five, be
completed earlier, of course the developer would be required to complete that
sidewalk on that south side at the same time. If you had any questions I'd be
happy to answer them.
Teague: Is the main reason for this, um, delay.... related to damage potentially if the
sidewalk was there?
Ford: A number of things. Actually, there, uh, there was a late spring for a late start in
construction. Um, there were some contractor delays the developer has cited, as
well as our very early winter we had this year too. A, um, another reason for, um,
thinking that, uh, it would be acceptable to delay would be just that, that should
the developer complete that sidewalk before the townhomes that were designated
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for that lot are built, there's a high risk of damage to that and the risk that they
would have to redo the sidewalk in that segment.
Salih: Sound good!
Throgmorton: Any further questions for Wendy? I think you're done, Wendy. Thank you.
Council discussion?
Salih: Yeah, just make sense .... yeah (mumbled) Wait for it.
Teague: Yeah, I think as long as it's in there (laughs) it should be fine.
Throgmorton: Okay, no further discussion? Roll call please. Motion carries 7-0.
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15. Resolution establishing the City of Iowa City's 2020 State of Iowa legislative
priorities — Resolution establishing the City of Iowa City's 2020 Legislative
Priorities.
Andrew: Uh, good evening, Simon Andrew, Assistant to the City Manager. Your next item
is your annual resolution, uh, for your, uh, main priorities at the State Legislative
session. Uh, we use this, uh, both to, uh, publicly state what the City's and
Council's legislative priorities are and to help us guide our lobbyists throughout
their work throughout the session in Des Moines.
Throgmorton: Simon, let .... let me interr, uh, interrupt you for a second. I'd like to get a motion
to approve on the floor and then you can keep on talkin'.
Mims: So moved.
Cole: Second.
Salih: Second.
Throgmorton: Moved by Mims, seconded by Cole.
Andrew: It's almost like I've never been here (laughter)
Throgmorton: Thank you!
Andrew: Um, as you know we can expect surprises throughout the legislative session. Um
(mumbled) put these forward prior to the session best as we can anticipating what
we would like to encourage, uh, for legislation, but uh, each year of course there
are a number of items that pop up that become our focus that we did not anticipate
heading into the year. Uh, as another reminder, uh, the State Legislature operates
on a two-year cycle. This is the second year of the, uh, current General Assembly.
So any bills last year, uh, that passed the funnel hurdles that did not ultimately get
passed are still live, uh, pieces of legislation for this coming year. Um, there are a
couple items on here that, uh, are pretty standard that we've had the last few years.
We did add a few new ones this year. Uh, the first one is support for climate
action initiatives. This is similar to one that the School District also put on their
legislative priorities. Um, and this is in response to our declaration of a climate
crisis, uh, climate action plan, uh, everything that we've been talking about. So
clearly this is one of our top priorities. Uh, there has been discussion throughout
our climate action plan process about our ability to, uh, control building codes and
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energy codes. So that would be something that we would be supportive of, uh, at
the State this year. Uh, you had also received a communication from the
University Student Government about move -in checklists. We did include this in
our priorities as well. Um, they have a more detailed, uh, proposal that they have
sent you that was, uh, included in this packet as well, uh, with some examples
from other places in the country. Uh, we have reviewed this with staff and we
would be supportive of it as well. Uh, the next one that is new for this year that
was mentioned at the work session as well, um, is support legislation protecting
the rights of manufactured housing, uh, residents. Um, you had a .... a pretty
lengthy discussion at your work session, uh, so not a whole lot of detail for me to
go into there, but uh, I expect Senator Walz will be, uh, supporting or proposing
legislation this year that we would be on -board with. Uh, the last four your are
familiar with from previous years. Of course, uh, back -fill of payments from the
State after commercial property tax reform is still incredibly important to us. Uh,
it's $1.5 million a year roughly, uh, that is, say equivalent to the operation of an
entire fire station. So, uh, very important for our general fund budget. Uh,
supporting Home Rule authority for local governments, uh, educational funding,
and supporting the Metro Coalition and Iowa League of Cities are on there
(mumbled) Happy to answer any questions!
Throgmorton: I note that the supporting local educational institutions actually reads support the
continued excellence of the State's primary, secondary, and higher education
institutions. And advocate for additional education funding. That's the same
language as before, isn't it?
Andrew: Yep! The same as in previous years. (both talking) And so that includes,
obviously, the University and Kirkwood, um, primary and secondary.
Throgmorton: Great. Any further questions for Simon?
Andrew: And Legislature kicks off January 13th ... is their first day of the session.
Throgmorton: All right. Would anybody else like to address this topic? Like Austin maybe?
Wu: Hello again, uh, just wanna say thank you for including the move -in checklist
proposal. I think it's just one way to help smooth out those, uh, tenant/landlord
relationships, get that mandated, um, to make sure, uh, everyone can be protected,
and people know their rights! Thanks.
Throgmorton: Right. Thanks! Okay, we have a motion on the floor? Council discussion?
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Taylor: I was really glad to see this listing, thank .... thank the staff for putting that
together. Uh, it's a great list of main focus items. Today I had the great
opportunity to attend the League of Women Voter's, uh, legislative luncheon, and
this is their list of priorities. They're not afraid to have a very lengthy list of
priorities, although they're the first ones to say that number of things on this list
they've been talking about and hoping for for a number of years, but there's some
very good things and some that sort of echo, uh, some of our priorities, uh, but as
the Legislature spoke I, uh, thought of a few other things that don't necessarily
need to be on our list, but it's things I think our....our lobbyists might keep on the
radar, uh, for us. Um, there's big talk about the vaping and that's been in the news
a lot, and .... and talk about having some potential legislation for that and I ... was
thinking about that, I thought I don't know if we've discussed vaping. We've got
all the anti-smoking laws in our buildings and etc., but we might start thinking
about that also, and then uh, the other, uh, issue and we've gotten emails about
this, or .... or heard people speak in the audience about the hog confinement units,
and I know that's more of the County issue, but we have heard from our folks that
live on like Rohret Road that, uh, if the wind is in the right direction they can
smell it and they're concerned about a number of health issues, lung issues, that
folks are having. So I think that's another thing that our lobbyists.... we don't
necessarily need to put it on our list unless people would like to see those two
items, but uh, if they could keep on the radar for us and keep us posted on where
they are with that.
Throgmorton: Yeah, fair enough.
Taylor: That's all!
Throgmorton: Any other discussion? Okay, hearing none roll call please. Motion carries 7-0.
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16. Council Appointments
Throgmorton: Could I have a motion ... oh, we haven't discussed who to do, who to appoint. We
had three applicants. Think there's a male requirement, is that correct? (several
responding) And all three of the applicants happen to be male. So, uh, Zach
Builta, Michael Hajdu, and Austin Wu have applied. I would personally like to
recommend Austin Wu.
Mims: I would agree.
Taylor: I also agree.
Salih: I agree.
Cole: I don't know about that, Austin (laughter) I'm not quite sure.
Taylor: He's always at our meetings and has great input and I think he'd be a .... a positive
for this (mumbled)
Throgmorton: Someone (both talking)
Dilkes: ...the obvious, that if he's on the Commission he's gonna have to not participate in
anything that comes to you from the Commission. (several responding)
Throgmorton: Sure. (several talking)
Dilkes: Yeah, it's just specific issues (several talking)
Throgmorton: Would anybody like to recommend either of the other fine applicants? Okay. All
right, hearing no one could I have a motion to appoint Austin Wu to the Historic
Preservation Commission?
Cole: So moved.
Salih: Second.
Throgmorton: Moved by Cole, seconded by Salih. All in favor say aye. Opposed. Motion
carries.
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18. Community Comment
Throgmorton: Uh.... Brandon, did you want to speak about something? (difficult to hear
response from audience, away from mic) (laughter) Okay, uh, oh I'm .... I'm sorry,
Austin, of course I knew you....
Wu: Hi! Yeah, I'm back. Uh, Austin Wu, UI Student Government City Liaison. Um,
let's see, first thing (mumbled) I wanna offer some quick clarifications about some
of my earlier comments about the rental permit moratorium. Um, I didn't intend
to come across as anti -density. Uh, density's good. I think anyone with a basic
understanding of economics knows that when demand is high, uh, in a constrained
market, increasing supply is a pretty good thing to do, but I think one .... one
question that's worth asking is what the price point is of some of that new supply
coming in. Um, I've heard from various sources of vacancy rates of up to 40% in
some of these new places, and I don't think we should just expect, uh, some of
these new developments to age into affordability any time soon. So I think when
it comes to new student housing, density is good, but sometimes it's worth asking,
uh, housing for who? What kind of students are we looking for? I think there's an
article in the Atlantic way back in like 2013 about these luxury dorms that were
coming online back then, and uh, someone in the Student Housing, like specialist
in the industry, said something along the lines of, uh, students will live in closets
if you can get the price point down and uh, I find that also to be a pretty true
sentiment among people (mumbled) so that's the clarification I warm say. Um, I'd
like to thank all of you for your vote and my appointment to the Historic
Preservation Commission. Uh, thank you very much, and then this is something I
actually had prepared for tonight. So there's a couple events coming up in the last
weeks of the semester. Uh, the 8th Annual Mirage will be on Friday, 6 December,
in the Iowa Memor.... Iowa Memorial Union, beginning from 9:00 P.M. Uh, it'll
feature an amateur drag competition and professional queens and kings, as well as
a common casino (mumbled) extravaganza, and free rapid HN testing from
Johnson County Public Health. Uh, it's a good event that promotes LGBTQ pride
and sexual health, so I encourage anyone interested in those areas to attend. Um,
and the UI Gardeners will be hosting their annual greenhouse open house, uh,
Sunday the 8th of December at the Biology Building lobby at 2:00 P.M. The
event will showcase the greenhouse and hydroponic system, and there'll be trivia
and snacks. Uh, I think both of them have Facebook events, so if you feel so
inclined you can go online and hit that interested button. Thanks.
Throgmorton: Thanks, Austin. I apologize for (mumbled) giving you a chance to speak.
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19. City Council Information
Throgmorton: Let's start somewhere. Where we gonna start? Let's see, let's start with Rockne
and move to the right.
Cole: I don't have anything to share .... for this meeting. I will the next one.
Throgmorton: Okay. (laughter)
Cole: So stay tuned!
Throgmorton: All right! John?
Thomas: I'll just mention that, uh, climate action expo was a really delightful experience,
uh, a couple of weeks ago. It was a really successful event, very informative,
very entertaining.
Throgmorton: Lot of energy too!
Mims: Uh, got two or three things. I wanted to thank all of the different organizations
who put on Thanksgiving dinners, um, I got the pleasure of helping with a brand
new one at Big Grove this year. A big group of restaurant owners took advantage
of one of the spaces that they own, um, along with a number of other people in the
community and had a great event for homeless and food insecure individuals in
the community. So it was, um, great event and I know a lot of other places did the
same thing the week before or earlier that week. Um, just wanted to mention, had
a couple of really positive comments recently from people in the community
about our Animal Shelter. So just wanted to say thank you to, you know, our staff
who do a great job down there. In fact as I was coming in to the meeting tonight I
ran into a couple of our officers, Captain Brotherton and one of the other officers
who had just been down there taking pictures, um, they're doing a cops and
kittens, uh, photos (several talking and laughing)
Cole: Don't tell my wife about that (laughter) cause it'll probably end up at our house
(laughter)
Mims: So ... so they were, had just come back and they were kidding about that. Um, as
John mentioned the climate expo was great, what a great crowd, and a lot of
people at Big Grove that night and a lot of people that I haven't seen, you know,
involved in some great presentations, so, um, thank you to everybody for that. I
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think almost all of us, or most of us, were at the, uh, City employee lunch,
appreciation lunch down at Terry Trueblood. Um, as always that's a great event to
...to see staff. The last thing I just wanna mention, I do wanna take a couple of
minutes, um, a week or so ago there was a stakeholder's meeting for Cross Park
Place, which is housing for, um, some of...some of our chronically homeless,
previously chronically homeless, and there was more data that I could share but
I'll share just one piece with you tonight. Um, they started housing individuals in
therein January of 2019. So it has been just under a year that we've had
individuals in there. There has been, um, very little turnover. I think turnover one
person. So the data I'm going to give you is based on 23 people. They looked at
the number, cumulative number of nights in jail per quarter for I believe it was
about two years prior to Cross Park Place opening, and those cumulative number
of nights in jail, for those 23 people, per quarter average, was 107 nights I believe
it was, um, per quarter. After the opening of Cross Park Place, those
numbers... give me just one minute here, cause I wrote these down. It was 73
nights. The first, uh, no. It was 107 nights prior to being housed. Okay? So
those 23 people... cumulatively spent 107 nights in jail every quarter, average, for
about two years. In the first three quarters since the housing has been open, in the
first quarter the cumulative number of nights in jail went from 107 down to 73. In
the second quarter down to five. And in the third quarter down to eight. (several
responding) Look at just that one statistic and how much money is being saved
by keeping people out of jail. They also had a number statistic, and I ... I didn't get
the slideshow, and it ... on healthcare, um, keeping people out of the emergency
room. hi some cases more visits to the hospital, not to the emergency room, but
actually people getting better healthcare, and in one case, and maybe to me the
most impactful case was the one individual who has moved out, who has been
homeless for decades, and when you're homeless, you cannot apply for Medicaid,
because you don't have an address, or at least not for .... for assisted living. That
individual came into Park Place, Cross Park, got a permanent address, had staff
there between, uh, a psychiatrist that comes over from UIHC half-day a week, a
nursing prac.... a nursing practitioner comes over a half-day a week, and their case
workers that they have. They worked with this individual and now that he had
permanent housing, a residential address, he was able to apply and he is now in
assisted living, getting the kind of care that he actually needs, after decades on the
streets. So Cross Park Place is doing a fantastic job. There was a great number of
people there who are still helping or helped get it started, um, and it was just a
great event. So thank you to Crissy Canganelli and all the people from Shelter
House that have been involved with this. Uh, representation from Iowa Finance
Authority were there as well. I think ... I think they got $7 million from Iowa
Finance Authority, so .... um, just a fantastic project, so it was great (mumbled)
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Throgmorton: That's great news, and it's precisely what we hoped would happen.
Mims: Yes!
Throgmorton: Bravo!
Taylor: Uh, echo Susan's comments about the employee appreciation lunch. That's
always a lot of fun. It was great this time to be able to circulate and move table to
table and chat with the different folks, especially the Transit employees to see
their feelings on ... on the, uh, study and survey that's going on. So that .... that was
great. Um, then .... the next day, Friday, she talked about the dinners, attended a
wonderful community dinner at Parkview Church. Uh, it was a great event. I
think Bruce was there, uh, I think Maz maybe also. Was wonderful food
and ... had, there was couple hundred people at least, I have trouble estimating
numbers, but it was at least that and it was in joint effort with the South District
Neighborhood Association and other organizations, and it just was really well
planned and went off ..went off really, really well, and the other thing .... (several
talking in background) Uh, last Wednesday, evening, I became a grandma for the
third time and the Mayor set a precedent when his granddaughter was born of
bringing chocolates. Well, uh, compliments of our wonderful Delux Bakery that
we have here in Iowa City. Want folks to help themselves to (several talking and
laughing) So, help (several talking and laughing) And that's it, that's all I have!
Teague: Congratulations, Pauline!
Throgmorton: Yeah, congrats! (several talking)
Teague: Um, a lot of the things that has been mentioned, the employee appreciation lunch,
the Iowa City climate expo, um, thanks to all of the staff for all they do for the
City, um, and the expo was really well done. So thanks to all the staff that created
that, uh, event. I did attend the South District and that was a great event as well.
It was well attended, um, you're talkin' about a great time of just bein' amongst the
community and just relaxing, and I think that's what I really loved about that
evening. Um, I was, I did just wanna.... I'm so happy you mentioned about Cross
Park Place. Um, that is phenomenal news. The other thing that I will say is
Housing First model, um, that's somethin' that we really should be lookin' at in the
future, um, because it really does say on the ... in the future, it really does. So I'm
happy to hear that report. Talkin' about climate action, so I have to give a shout -
out, and I did this on KXIC as well, to Stefanie Bowers, because I was in a
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meeting and when we're talking about climate action, you know, even the smallest
things and smallest changes, we're in this meeting and we're sharin' a paper, you
know (laughs) of some material. She said in efforts of climate action, I only
printed off a few, but it really does take small little things to kind of, uh, just trick
our mind to think about climate action, um, bringin' your own coffee cup, you
know, to work or...or you know, it's small things like that that will really resonate,
uh, for the greater good of climate action. So, uh, hats off to Stefanie Bowers and
all of the City staff that is doin' similar things. Um, I .... I know that we are all
aware of the childcare crisis within Johnson County. And so yesterday, um,
there ... I was a part of a work group, and there is .... there is definitely some
movement and some ideas and some, uh, ways that we're tryin' to move forward
with, um, doin', um, with .... with bringin' it into the crisis or bringin' solutions,
and so yesterday we did have, um .... some of the City staff because the City staff
has a lot of information and knowledge in the ways to support, um, business
owners, um, as well as individuals that receive housing, um, type supports, and so
I'm amazed at all that our City does, throughout our community, and so I'm
lookin' forward to some great solutions, um, you know, with the childcare crisis,
and when you're talkin' about entrepreneurs, there's a lot that needs to go into that
conversation, such as like the fire department and the fire code, the building
codes, you know, and so all that's been, um, kinda been at play. So, um, I'm
lookin' forward to more about the childcare crisis within our community and
findin' solutions. So just wanted to make mention of that as well tonight.
Throgmorton: A quick comment about Housing First, uh, I think it was six years ago we asked
Crissy Canganelli to brief us on Housing First as a model. She persuaded us that
it was a really good thing to do. That is why we have helped support Cross Park
Place, because she made that presentation to us. It was so compelling, so
persuasive.
Teague: Yep! Great!
Salih: Okay, it's my turn? Okay, uh, I really don't have a lot to report. Uh, I don't even
remember what happened last week, but for the (laughs) coming week, uh,
tomorrow I will receive an award. I will take the prize home from, uh, you know,
Little Village, for Best Advocate for Social Justice, and I been voted by the, I
guess, leader, and this is would be tomorrow, cocktail party at 126 at 7:00 P.M.
Encourage everyone to come! I guess last year (several applauding and talking)
Yeah, thank you. And .... on the.....on the 7 I will be attending the Presidential
Forum in Cedar Rapids at Veterans Memorial (mumbled) This is held by the
Teamster Local 238. A lot of candidate for president will be there. I encourage
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everyone to come and explore them, and also we have some local I guess things
going on with presidents. I guess everybody know about that, maybe you can go,
and discover them. And I thinks that all. No, on the 11 we gonna attending the
(unable to understand) 11:30 A.M. and that's all I have.
Throgmorton: Okay! So on the 20th of November I helped read names on World Aids Day,
because it was not freezing cold or raining. And because of the topic itself.
We've already mentioned the employee appreciation lunch, climate action expo.
They were great. Uh, some of you may know that I had an'exit' interview with
Aaron Scheinblum of KCRG on the 22nd. And it was broadcast, I don't know,
maybe a week later or something like that. On my birthday actually. Come to
think of it. It was pleasing to do that. We did it right here. I attended a meeting
of the Refugee Alliance on the 26th. I plan to participate in the Bravo Awards
event. And .... look forward to handing out awards to people who are very, very
deserving of the Iowa City awards. I intend to participate in the Government
Leadership Programs Government Day Event, thanks to Geoff s invitation, and
that's going to be on the 12th of December. And I plan to attend the CWJ Allies
meeting on the 11th (both talking) Is it, I think it's the 11th (both talking)
Salih: Friday the 13th.
Throgmorton: Oh, yeah. It says 13th and I read 11. My eyes! And last I have an opportunity to
attend President Mary Harreld's holiday gathering at Kinnick on the 14th.
Looking forward to that. So that's it for me.
Salih: I just forget to tell that on the 14th there is like a (mumbled) meeting at the Iowa
State Capitol for the mobile home park, if somebody wanna come and attend, it is
at 1:00 to 4:00.
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20. Report on Items from City Staff
a. City Manager
Throgmorton: Okay. Geoff?
Fruehling: We skipped Item 18.
Throgmorton: Sorry?
Fruehling: We skipped Item 18.
Throgmorton: Uh, well.... that's, all right, uh, thank you. So let's go to Item 18. (to Item 18)
Geoff?
Fruin: Just real quick, uh, for your next meeting, um, we are going to have a reception
for Jim and Rockne at 4:00, so hopefully you can make it early and certainly the
public's welcome to attend. Um, and then right after that we are going to have a
very quick, uh, work session with some of our members of our State delegation.
Uh, they do have a 5:30 event over at the, uh, University, so they're only going to
be able to stick around for about 20 minutes, but um, want a chance for you all to,
um, briefly mention to them the priorities that you just approved tonight so .... uh,
think about those .... those one or two things you really wanna communicate to
that delegation and,uh, we'll accomplish that on the 17th.
Throgmorton: (mumbled) Thanks.
Monroe: I was just gonna say thanks for your support and presence at some of these recent
staff planned events. So ... thanks!
b. City Attorney
Throgmorton: Eleanor?
Dilkes: I just wanted to note, um, with respect to, Pauline, your vaping comment. We did
back in 2015 add e-cigarettes/vaping to our prohibitions on smoking (mumbled).
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