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HomeMy WebLinkAbout2012-12-18 TranscriptionPage 1 ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Hayek: This is the opportunity at each City Council meeting for members of the public to address the City Council on items that are not on the agenda. So if there's something that is not on tonight's agenda that you would like to bring to our attention, I invite you to step forward. We ask that you sign in, uh, verbally give us your name, and limit your comments, please, to five minutes or less. Gravitt: My name is, excuse me, my name is Mary Gravitt, and I'm here about a quality of life situation. Two mothers have approached me about their children being bullied in high school. One girl, one woman told me her daughter was in the lunchroom and this girl comes up to her. She says, `I don't like you. I want to fight you.' The next day she posted on her Facebook, `I don't want to fight, Emeril. I want to shoot her,' and I hope you've all been listening to Diane Green and OnPoint radio and understand how serious this situation is, and guns aren't that bar ... hard to obtain even in Iowa City, because you should remember that from the massacre of `91 that happened in the University of Iowa with a whole Psychics Department got wiped out. So, the second mother came to me. She's complaining about her daughter being bullied. She went... each of these mothers went to the proper authorities. They went to the principal. They went to the Superintendent, and so on and so forth. No results! The second mother said that her daughter, they attacked her daughter and her daughter fought back, but her daughter and her three friends got the blame. Now this ... this is not acceptable. Because school is supposed to be a safe place, and we just had that incident in Connecticut. I don't want that to happen in Iowa City! I like Iowa City because it's peaceful. But, you have to do something about bullying in schools. Only reason these girls are getting bullied, because they' adjusted to the Iowa City middle -class environment. They're going to school. They're studying languages. They're doing very well, but it's some people that can't stand that and they want to go back to their old environment, but these girls know, and their mothers don't like it, and then, cursing on the bus. Now I know there's a sign on the bus that said this, this, this and this. Sign is so small you can't even see it! Cause I asked the bus driver, `What's that sign about,' because you gotta read every sign on the bus. You don't know when the bus is going to stop running. But you know, you get on the bus, you want to go where you want to go, and you want to go there in peace. You don't want some ignorant people in the back, and what's the use of having a sign on the buses that says, `No cursing,' when the person is so ignorant, apparent the person is illiterate anyway! And I'm here to talk about disturbances in the Library! Last night I'm ... I was in the Library. The man had on the headphones and he's just saying loud, okay, singin' loud. Then when he gets off there, he gets on his cell phone and tells all about his Christmas life and his life that I don't even want to hear about, and nobody else wants to hear about! And the reason he can get away with those things is no security in the Library. If...if it was up to me, 911 would have been called and he would have been hauled out. Because we need to have a good quality of life, a quiet quality of life, and I've been here so long when it was quiet. And I'm just saying all these things need to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 2 be attended to, especially when someone can post on their Facebook that they want to shoot somebody! And I'm tired of hearing about shootings and funerals and ... and all kinds of things. I don't know about anybody else, but that's just the way I feel about it. Thank you. Hayek: Thank you. Anyone else, uh, for community comment? Geoff, can you get him a microphone there? Dundon: (clears throat) Hi, um, the thing that I wanted to bring up tonight and... Hayek: Sir, could we get your name first? Dundon: Oh, I'm sorry! Andy! Sorry about that. Hayek: And your last name. Dundon: Dundon. D- u- n- d -o -n. Hayek: Thank you! Dundon: For anybody who wants to write that down! Um... Hayek: For our minutes. Dundon: Yeah! The reason I wanted to comment tonight was because I wanted to make a comment, uh, a few comments about the MegaBus, um ... here in Iowa City. I live in downtown Iowa City, urn ... and where I live, it's, uh, Capitol House Apartments over on, uh, south Dubuque Street. Now that's private property, but yet there are a lot of people (clears throat) excuse me. There are a lot of people who ... uh, park on our property, specifically just to get out and go and use the MegaBus and get on the MegaBus. There are also people who like to sit out there, who ... who like to sit outside on the sidewalk and wait for the MegaBus, and they don't want to move! They don't want to move. So I guess my ... my ...my whole thing is, if we're going to say ... there needs to be limits I guess, or there needs to be ... my concern is ... if there is ... if...if...if this is a building where we have, where... private property, where it's private property, um, there needs to also ... there needs to be limits as to ... where people can park and where they can't park. And, that's just been ... always been a concern, and it's been a concern ever since MegaBus has been, uh ... uh, in Iowa City. Um, I also, you know, you see that tons of times. We've got people that come out of our building who constantly telling people, no you can't park here because it's private property. Sometimes they listen; sometimes they don't. When they don't listen they ... their cars end up getting' towed. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 3 Hayek: Andy, thank you for your comments. I would encourage you to contact the property manager for that facility. Thank you. Anyone else before I close down community comment? Sweet: (mumbled) ... sign in aren't we? Hayek: If...if you wouldn't mind, thanks! Sweet: My name is Ellen Sweet and I live at 1219 Oakcrest Street and I am very unhappy and displeased with the process and the result of the Oaknoll expansion. Uh ... early on I asked about what was coming and uh, they said well, just wait, wait, wait. Oaknoll will tell you. So, uh, on uh, May 30th, I believe it was, Oaknoll invited us over and did a razzle dazzle sales pitch about how wonderful it was all going to be with lily ponds and everything. And uh ... my neighbor asked about, um ... whether there was going to be a problem with shade, and they said, `No, you're not going to have a problem with shade.' Okay, fine. We went to the Planning and Zoning, uh, meeting on June 21St and that was another one of those you can talk for five minutes and then we just don't want to hear from you after that. And, uh, I talked about another issue I had. So I had two issues, one of which was possibly the shade, which they said wasn't a problem and then also access to Spring Street. Okay, on, uh, November 28th they asked for a ... uh, modification to the height of the building. So my neighbor and I went in and we met with the folks there, and my neighbor again asked about the shade. And by then he had himself done calculations, and found that his house, um ... on the winter solstice would be completely in shade all day. And, also mentioned that, you know, the shading would start somewhere in October and end in February. Um ... my house isn't quite as, about half of my house is behind the building, although it's a little hard to tell because we really don't have much information. So I don't know how much it's going to impact me. But, um ... I find it very disappointing that, um, nobody was looking out for us ... when that whole design came down. And um ... why they really, really didn't want much input from us. Nor did they really give us any valuable information for what was going to happen. Uh, the impact of all of this winter shade, which of course as you know, everybody flocks to Florida and Arizona and elsewhere to just enjoy even more winter shade in the winter, so you can imagine how we feel about that. Um... it's not only that the lack of light is unpleasant, but it is depressing. And if you have problems with Seasonal Affective Disorder, it is not a good situation. It also raises the rates of your heating and your lighting, so your expenses are going to go up, and I have no idea how that would affect property value and the possibility of selling ... at a later time. So I'm very unhappy with the process. Um, it's very disappointing. Any of you have any questions? Hayek: Well ... we're not set up during the community comment portion of the meeting to ...to get into a ... a dialogue with people who address us. It's not on the agenda and we're ... we're unable to talk about it, but ... if you want to follow up and This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 4 contact us individually or send a communication to the entire Council, you certainly could do so. Sweet: Okay. Well I would request at least at this late date somebody look at that issue about the shade. So that we would have some concrete information, on exactly what is going to happen to us. Hayek: I'll talk to staff and if could, uh, get back to this resident that would be good. Anyone else? Okay! We'll move on to Item 4, Planning and Zoning matters. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 5 ITEM 4b AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE - FAMILY (OPD -8) PLAN FOR 6.53 ACRES OF LAND LOCATED AT CAMP CARDINAL BOULEVARD, RYAN COURT, AND PRESTON LANE TO CHANGE TOWNHOUSE STYLE UNITS TO ZERO LOT LINE DWELLINGS. (REZ12- 00024) a. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Initially, any ex parte communications to disclose? Throgmorton: Nope! Hayek: Jeff! Davidson: Thank you, Mr. Mayor, and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development for the City. Uh, the request you have before you from Southgate Development Services is to revise a ... their, it is a rezoning to amend the OPD plan, uh, specifically for Lot 39 of Cardinal Pointe Subdivision. Uh, you see here on the location map; uh, just to orient you here's Camp, uh, Cardinal Boulevard; um, Kennedy Parkway's up here at the top of the map; Ryan Court; Preston Lane. Uh, this is the area ... um, here's an aerial view. Uh, here is the existing plan, uh, which shows Lot 39 and the townhouses that are part of the existing, uh, there are ... a total of 39. That just happens to be a coincidence — 39 units on Lot 39. Thirty -nine townhouses that are shown right now with, as you can see, an open space that would have been maintained by the homeowner's association, uh, that is part of, uh, the current layout. Um ... here is the proposed layout. Uh, and you can see from the previous plan that there were already duplexes around the outside, uh, of Ryan Court here. Those would remain, although the lots would be made slightly larger so that there is a, uh, loss of three lots, and then you can see the interior would be configured for the duplex, uh, units on individual lots. Uh, the net here is that the total number of units would be reduced by 21. There would still be a... uh, mix of unit types in the subdivision, uh, as before — single - family, townhouses, there's even a ... a, as you can see from here, a commercial lot, uh, up in the corner, uh, there. Um, let's see, the ... the other requirements of the subdivision in terms of fagade design and, uh, things to prevent monotony of the subdivision would remain in place. Uh, recommendation from the Planning and Zoning Commission was for approval. Are there any questions? Payne: So Lot 39 will be resubdivided into these separate lots? Davidson: That is what this action ... yes, the ... the rezoning... it's a planned development. So it'd be done as part of a ... an amendment to the planned development. (coughing in background; difficult to hear) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 6 Hayek: Any questions for Jeff? Dobyns: Jeff, at a future consideration I ... the ... the 2d projections of this didn't do it for me in terms of getting a sense of what they look like. So it'd be nice to see something else in the city that is similar, just to get a sense of what they would look like. (coughing in background) Davidson: Okay. Anything else? Hayek: Thanks, Jeff! Davidson: Thank you! Hayek: This is a public hearing. So ... anyone else is invited to ... weigh in as well. Siders: Mayor, Councilmen, Members ... my name is Glenn Siders with Southgate Development Services. I don't know that I need to make any comments, but I am available if you have any questions or I'm available to respond to anything. Hayek: Thanks, Glenn. Anyone from the audience? Okay. I will close the public hearing. (bangs gavel) b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Champion: Is a zero lot -line, is that a duplex? Tell me the difference between the two. I should know, but I don't. Siders: It is kind of a duplex. A zero lot -line actually has a property line physically running through the center of the structure. So you have two lots. Champion: Okay. Thanks, Glenn. Hayek: I would note that this is supported at P &Z, unanimously. Doesn't seem to be a controversial ... further discussion? Roll call, please. First consideration passes 7- 0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 7 ITEM 4c DESIGNATING THE JEFFERSON STREET NATIONAL REGISTER HISTORIC DISTRICT AS A HISTORIC OVERLAY (OHP) ZONE. (REZ12- 00027) a. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Any ex parte communications to disclose? I have a few to disclose. Uh, if I can go ahead and get started (laughs) Champion: I thanked some people for coming in the audience tonight, does that count? Hayek: Um, I ... I talked, uh, briefly with, uh, Council Members Mims, uh, Throgmorton, and Dobyns who expressed, uh, I think general support for, uh, the district. Um, I talked to, um, Council Member Dickens who at the time had not made up his mind, uh, on ... on the issue. I talked to the City Attor ... or the City Manager, uh, Tom Markus, who, um. ... uh ... talked a little bit about the process and ... and expressed general support. Um, and then I talked briefly to Ginalie Swaim of Historic Preservation Commission who asked me if she should contact, uh, Members of the Council and I encouraged her to do so. I think I hit everybody. Dickens: Yeah, I had a couple Historic Preservation people contact me...at...at the store, so... Throgmorton: I ... I talked with Ginalie Swaim on the phone. Uh, I ... I suppose after she spoke with you. We had a brief conversation. Um, I drove around down Jefferson Street with my wife and talked with her about it. Um ... I don't think I've had other conversations — direct, personal conversations with anybody. Hayek: Is that it? Okay. Jeff! Davidson: Thank you, Mr. Mayor! Uh, the Jefferson Street Historic District was listed in the National Registers of Historic Places in September of 2004. That is a national designation. The Historic Preservation Commission, after consideration, is now recommending to you a local, uh, district designation and that's the action you have before you for consideration this evening. Uh, designation of the district, which you see here, uh, wou ... the significant things that it would accomplish is it would require Historic Preservation Commission review and approval of any significant changes to the exterior of buildings in the district. That would obviously... obviously include removal of a building. And it would also allow the Board of Adjus ... Adjustment to waive or modify certain zoning requirements to help support the continued use of the historic structure. You might recall with the Parish Apartments project, uh, this provision was used to allow some parking in the front yard of that property, uh, when it was reconfigured, uh, in order to save some of the mature trees, and that's the kind of flexibility that you have, uh, with This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 8 either the landmark or the historic district, uh, designation. Uh, because historic districts are established by a zoning overlays, this also required, uh, action by the Planning and Zoning Commission. Their recommendation is also for approval, based on their assessment of the Comprehensive Plan, and the consideration of the district. Uh, high concentration of historic buildings, and I have a couple of pictures to show you. Um, of significant buildings. Uh, as well as ... and ... and the desire to preserve those structures. Uh, also the City's strategic plan has a goal of stabilizing neighborhoods around, uh, the city core. That's part of your strategic planning, uh, your adopted strategic planning initiatives. Uh, so staff, Planning and Zoning Commission, and the Historic Preservation Commission all recommend approval. I would point out, Mr. Mayor, that you may need to conduct a straw poll. There ... there was ... there has been, um, protest petition filed by owners representing 34% of the district. 20% triggers a super- majority by the City Council, 6 of 7 votes are required to approve this. Uh, because of the recommendation for approval, if it looks like Council is not inclined, uh, to approve it, we would suggest that you defer your vote and have the required consultation with the Planning and Zoning Commission, uh, at that point. Hayek: Okay. Davidson: Any questions? Oh, I did have a few, just ... just to familiarize yourself with the structures in the district. Lot of us remember Irving Weber saying Church Street has no churches on it. Jefferson Street has all the churches. There are several (laughter) Uh, you see the Park House, uh, and uh, several structures, again, I think most of us are familiar with the district. Uh, and these are the ... the contributing properties that are part of the district. Uh, any further questions? I'll put up the... Hayek: When do you want the straw poll vote, uh, at the close of the public hearing? Dulek: Yes, because that's (mumbled) time you'd have to make, um, the decision. Yeah, you continue it, but also P &Z meets on Thursday, so their agenda could get amended to put on their agenda in two days so we could know what P &Z wants and so ... uh, whether they want a consultation between then and January 8th, or just go back on your January 8th agenda. Hayek: All right. We'll take that up if that's an issue. Davidson: Any questions? Throgmorton: I ... I do have a question for ... for Jeff, uh, and it...it really has meaning only depending on what the straw poll turns out to be, but do you happen to know what percentage of the area is occupied by St. Paul's Lutheran Church? Davidson: I don't, Jim, I'm sorry. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 9 Throgmorton: Uh, maybe it would be useful to find out, depending... Champion: Why? Dickens: The University isn't bound by the rules of the historic... Davidson: That's correct, as a higher level of government they're not subject (both talking) local... Dickens: They're still included in this area, or... in the map here. Davidson: Yes, the, uh, the ... I believe it's called (both talking) Stuit Hall now, the ... the rehabbed art building is included. Dickens: And is there a reason why it's so big? Is it for the ... all the... Davidson: Um, you know, Terry, again I ... I am not the expert on this. My understanding is the ... the desire is to have the district constitute a logical, uh, grouping of, um, similar type structures. In other words, consistency through the district, and this was the, uh, area that was determined to have the consistency necessary for the district. You'll recall that in Iowa City we have... districts ranging from the very large, Northside and Longfellow, to very small, Woodlawn or The Cottages along Muscatine Avenue, which I think is even just six units. So there is some variation based on that consistency measure. Payne: And does it overlay exactly the national district, I mean, would the local district overlay exactly the national district? Davidson: I do not know for sure, but at...at least it's ... it's, if it's not exactly the same (both talking) Do you happen to know? Hayek: (several talking) Davidson: Oh, I didn't know you were here. Why didn't you say something? (laughter) Miklo: (mumbled) Uh, yes, this is the exact boundary of the National Historic District and that's why it's large, and that's why it includes a couple of the University properties. Throgmorton: Does it have to be? Miklo: Um ... it doesn't necessarily, uh, it's ... um, one of the criteria of a local district, or the criteria of the local district, is basically the same as the national district. I think all of our others are at least the size of the national district, uh, maybe a little bit larger. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 10 Davidson: Any other questions? Throgmorton: And ... and it's not reasonable to potentially imagine, uh, removing some buildings, uh, or properties from the proposed district? Miklo: The ... you could possibly move some on the edge, but once you get into the interior, then you don't have a consistent boundary and I don't think that would be possible, or comply with the ordinance. I do not know the acreage of St. Paul's (mumbled) Hayek: Okay, thanks, guys! Stick around. Um, so ... this is a public hearing. From the looks of it, there are many people in the room who would like to weigh in. Um, what I'm going to ask is that, uh, people try to limit their comments to three minutes, if at all possible. The reason being, we want to get through as many comments as possible. Um, I'd ask that you, uh, sign in and also give us your name, um, and to the extent we have multiple people addressing the City Council on this item, I would encourage you to give us new information. If you've already heard someone before you talk about a point, um, you're free to reiterate it, but we're generally better served if you give us new perspective or different piece of, uh, information. So ... with that, uh, we'll go forward. Launspach: Good evening, Mr. Mayor, City Council, my name is Phil Launspach. My family owns some properties in the 400 block of Jefferson Street, and primarily the ... the first and I think most important question I'm going to ask you tonight, um, for the Historic Preservation planning meeting, for the zoning meeting the property owners were all notified by the City in advance. For the City Council meeting we got no notification. You'll see very few property owners here because we got no notification whatsoever about this meeting tonight. It was only through word of mouth we heard about it, and I'd ... I'm not sure that that's policy of the City. Hayek: Okay. Thank you for that. Swaim: Hi, my name is Ginalie Swaim, and I'm the Chair of the Historic Preservation Commission. Um ... (laughs) thanks. I'd like to just quickly address some common misperceptions and some basic questions about the process, um, in a historic district, and based on Jefferson in particular. One question is why is this so important right now? And it's because in the past we learned in a very difficult way two hard lessons. Uh, one is that just because we value businesses in old buildings, that doesn't mean we can protect them. Um, the Red Avocado and some buildings on Jefferson Street, or on Washington, if they had been protected in a district, they would still last. So, um ... our valuing those businesses is not enough. We learned that in 2006 we can't protect our town from a tornado. However, there was a silver lining in those swirling clouds in that if we, um, because we had historic districts in this town, we were able to bring Iowa Avenue back, and in fact, uh, it's better than it has been for decades and insurance companies were willing to cover, um, more than you would expect, and the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 11 legislature was, um, made up the difference, and that's all because this was a city with districts. And those are lessons from the past, but as Jeff pointed out, we also have a lesson for the, uh, future practice in place (mumbled) Comprehensive Planning and the Central District Plan, and what's unique about Jefferson Street is that a mixed -use zoning was deliberately applied to it so that we could have small businesses taking root in some of the other buildings and add to the synergy that we've got between the North... or the Market Place on the Northside, and the Downtown and the Campus, so it's kind of a unique opportunity and economic strategy for a historic district. There are very few like that. Another question — so when will a property owner need to apply for approval? As Jeff said, for any construction projects that require a building permit, and that makes significant changes to the exterior. Will we tell them what color to paint the building? No! (laughs) That's a common misperception. Will we control interior changes? Absolutely not! Well, isn't getting this kind of approval a burden and difficult? I think that most of the people who've gone through this application process, and that's been hundreds, would say no. Over 90% of the applications in the last, uh, since 2006, have been approved by the Commission. It generally takes within three days to three weeks, depending upon the level of, uh, changes. Well, won't this cost the property owner to have to make changes according to our guidelines? Sometimes it will. There are some higher quality materials that may be required, but everybody knows that higher quality will last longer and add to the building's, um, investment and save you money in the long run. But sometimes, and a lot of times, you can actually save money by what we suggest. We encourage reusing and repairing materials. We think this is a very green approach because it keeps the green stuff in your pocket, and because it keeps materials out of the Landfill. You get free expert advice on design and techniques, and ... oftentimes we can come up with solutions that you might not have considered. Here's... here's an example. A few years ago on Summit Street, a property owner was having a lot of water damage because of the ... the porch roof. And he came to us, um, wanting to change the roofline of the porch for better drainage. We sat down and talked with him and came up with a solution that ... a membrane roof would do a fine job of that, and it would be flat. It wouldn't require the roofline change, and it would save, uh, quite a bit of money. So that's where there are lots of opportunities to actually save. Um, one might ask why a property owner on Jefferson should have to have another layer of regulation. Well, you know, it's a given that there are property owners whether you're in a historic district or anywhere who are going to object to regulations and restrictions. But there ... it's also a given that if you own property in a town there are restrictions. There's on terms of zoning and building codes and traffic and parking. It's just part of being a community. Another question, how can the Council justify voting yes when some of the property owners oppose this? I think the question is basically answered because this is a community asset and I think some of our speakers tonight will attest to that. And sometimes things are done in the best interest of a community. Has there been any precedent for this kind of vote? Yes, actually, two times that I know of When the Carnegie Library was going to be, wanted to be ... we wanted it to be designated as a landmark, the owner opposed it. Um, but the Council This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 12 voted unanimously for it to be a landmark because they recognized that it was a community treasure. And in the Northside Neighborhood, there was over 50% of, um, opposition to the neighborhood being, uh, local district. Again, the Council saw the overwhelming support for it, and this was, uh, another vote for the greater interests. And finally... Hayek: Thanks. Sorry, I was going to ask you to wrap up. Go ahead. Swaim: Oh, I've got one part. What if the current property owners already take good prop ...good care of their properties, and many of them do. That's great, and we thank them. But we can't assume that the property owners in five years in case the buildings are sold are going to have that same level of devotion and that same understanding and connection to the community. When you've got 37 out of 38 primary buildings that are historically sig ... significant, you can't count on future owners having that kind of, uh, care in mind. Thank you. Hayek: Thank you! Trimble: Hello, my name is Alicia Trimble and I am the Executive Director of Friends of Historic Preservation. I will keep my comments brief because I know there's a lot of supporters here who would like to give comments and I know you guys would like to go home at some time... sometime tonight! Um, there's just a few things I want to point out. Everyone here wearing a `Yes' sticker, and maybe some people who even aren't. If you guys can all raise your hands, they're all in support of the Jefferson District; as well as I know that you have received many, many letters from supporters. I was also just handed a note by Sara Clark asking you to please recognize that there are 20 other supporters in the lobby who couldn't fit in here tonight. I'd also like you to point out that Friends of Historic Preservation submitted to Council a resolution, point... pointing out some, not all, we couldn't fit them all on two sides of a sheet, of the finer points of why Jefferson Street deserves to be protected and um, I also want to point out that, two points. One that 97% of this district is contributing. All but Neumann Center on, uh, the corner there, 104, um... and that I believe... Ginalie said over 90 %. When I left the commission as chair ... chair of the commission, I believe 97.5% of all applicants that came before the commission were, their applications were approved as submitted to us. It's not an arduous process. And oftentimes you end up leaving with a lot more than you... you could have ever imagined. Thank you very much. Hayek: Thank you for your comments. Marks: Good evening. My name is Nathan Marks, and I'm chairman of the congregation at St. Paul's Lutheran Chapel at 404 E. Jefferson Street. I also represent the 121 congregations of the Iowa East District of the Lutheran Church Missouri Synod, who own the property. I come to you tonight in respectful protest of the Jefferson Street historic overlay zone. While we at St. Paul's appreciate the importance of This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 13 historic buildings throughout Iowa City and acknowledge that some properties may see benefits from such designation, we do not believe that the benefits outweigh the costs of forcing objecting property owners to abide by additional regulations and ask that the overlay zone be redrawn to include only property owners who wish to be included. I ask for you to consider the following key points in your discussions and decisions about the Jefferson Street historic overlay. When this overlay zone was proposed a few years back, it never made it out of the Historic Preservation Committee. I asked what has changed since then to make it a viable proposal now. Second, of the 12 individuals who spoke in favor of the overlay zone, at the October 11th Historic Preservation Committee meeting, none were property owners in the zone. Of the eight individuals who spoke in favor of the overlay zone at the November 15th Planning and Zoning Committee meeting, none of those individuals were owners of property in the zone. Of the 35 individual submitting correspondences to the City Council meeting packet, that were in favor of the overlay zone, only two individuals indicated that they were owners of property in the zone. All of the 14 individuals submitting correspondences to the City Council meeting packet that were opposed to the overlay zone owned properties within the overlay zone. While the resell value of some properties may increase with the historic overlay zone, some properties will be severely decreased. St. Paul's Chapel is currently landlocked. In the event of needed expansion, we would need to move to a larger property and the current property be sold. The proposed overlay zone would significantly decrease the actual resale value of a sanctuary that is not easily, or perhaps not even possibly, converted to a commercial space without massive external changes to the fagade. And finally, contrary to what was said at some by ... by some members of the Planning and Zoning Committee, brick and stone buildings require much more maintenance than simply tuck - pointing. Caps and seals need to be replaced over time. The cost difference between Indiana limestone and reinforced concrete are great. With little to no return on investment... over the life span. This increased cost would be difficult for a non - profit organization which has no definitive way to increase revenue. As noted in a letter from Reverend Dr. Brian Saunders, President of the Iowa East District of the Lutheran Church Missouri Synod to the Historic Preservation Committee. We would not want to see our work prohibited for lack of funds because of an increased cost due to the overlay zone. I urge you to consider the voices of the individuals representing properties within the overlay zone, and the financial impact it will have on them and vote no to the Jefferson Street historic overlay zone. Thank you. Hayek: Thank you for your comments. Randak: My name is Leigh Ann Randak. I'm an Iowa City resident and support, um, the designation of this historic district. But I also come here today as, um, a member of the Board of Directors of Preservation Iowa, which is a statewide non - profit that advocates for historic preservation in communities, working with the Department of Economic Development, Main Street Iowa, the State Historic Preservation Office, and so forth, in helping local communities, um, take This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 14 advantage of the benefits of historic preservation. And I just wanted to, um... uh, remind ... you that ... um ... historic preservation, in addition to contributing to a community's... positively to a community culturally and aesthetically. It also has economic advantages and it has been shown in many communities throughout the state, Dubuque being one, that historic preservation, um, areas immediately surrounding districts or areas of historic preservation, um, have seen increase... it's contributed to an increase in property values. Um, retail and restaurant revenue, and employment, and while it's not the single contributing factor, it is, urn ... um, been shown to be, um, contributing to that. And this is an important area to Iowa City's history, um, but preservation could also be economically advantageous to the neighborhoods and business districts surrounding it. Thank you. Hayek: Thank you for your comments. Small: Hi, my name is Andy Small and I live in one of the houses that's on this property that's, uh, being currently rezoned. I've been a homeowner since 1995. I purchased the house. It had been on the market for over a year, and uh, was in, uh, serious dilapidated conditions. Um, I was 23 and really had no idea what I was doing when I purchased the house. That was back when it was far easier to get loans for houses and urn ... over the past 16 years the house that's... that's on the very corner, the 2125 has been in constant need of repair and I've kept up on repairing it. Um, I am a little concerned that it's really down to the last two things that need to be repaired, and that would be new siding or another layer of siding, since it already has currently seven layers of siding on it. Um, it was at one point on the corner and it has been actually moved over 100 feet so there's no part of the house that's square or plumb. Um, the interior's cracked, and I know this has nothing to do with the interior, but the exterior has the older 8" vinyl siding which is, uh, aluminum, and after looking into the cost difference between aluminum verse the, uh, with cement board. Gentleman, Bob, from staff here said, `Or wood,' which you'd have to repaint every six or seven years, uh, for someone like me who has a small business and is a single parent, that would be a considerable burden. Um, I know in this area it's primarily rental properties, and I understand that there is concern, um, particularly in one stretch where there are, the bunch of bed and breakfasts that have been purchased and that this all seems to have been stemmed from that purchase, um... for all the people who have `Yes' stickers on their shirts, um, I would love to see the number of hands that actually own property in this area or live in this area. Um, I'm sure it would be less than five. Um, as an owner who lives in a home in this area, I feel confident the current regulations are sufficient to bala ... balance out the needs of developers and homeowners who own property in this area, without additional layers of rules and regulations, that tax us. I am not a rental property owner. Um, but I do have a daughter, and I don't know if she would like to live that close to downtown, considering that though the exterior of the houses are, uh, they're... they're attractive. I will give them that. Um, most of those houses are rental properties, uh, there are no businesses in that area of...actually, uh ... that I know of. There This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 15 are churches and uh, the businesses are just north of this area, and just south of this area, and this is kind of a ... this is a buffer area, where very few people own most of the houses. I stopped by today to see how many people that's turned in the proposals against this, and uh, though there were only 14 people, they accounted for 28 of the houses and I'm not sure how many houses there are. I believe there are just under 40, but that seems to be a significant number higher than the 32% that was mentioned earlier in this meeting. Twenty -eight over 40, I think that's higher than 32 %. I'm not very good at math so I wouldn't know. Um, in conclusion I would just like to respectfully ask each of you to think about this and please consider the fact that some of us actually own houses here and we're doing our best to keep them up, you know, my house looks so much better now than it did previously and it looks so much better with new windows and new siding, but the $20,000+ to do it, you know, considering that the property taxes are almost $4,000 for a house in this area is, uh, is a little bit more than a single person like myself could bear. With that I just would respectfully ask you to deny this application and thank you for your time. Hayek: Thank you for your comments. Thiede: Good evening, I'm Charles Thiede and I've both lived and worked in this area for over 20 years. I'm the Facilities Manager at First United Methodist Church. And I lived at 420 and ... 405 E. Jefferson Streets, back in the 70s. Um ... just really to put us in ... in history here. This is Irving Weber's church and although our church didn't start out on that corner, uh, our first services were held in 1839 on the southwest corner of Dubuque and Iowa Avenue, where Atlas is now. In 1840 the Board of Trustees... applied to the Territorial Legislature for ... would help if I could read (laughter) ... the west half of the church reserve in block 67 and in 1843 the building was finally enclosed and roofed, and ... on the 13th of January of that year, the Board of Trustees filed bond and applied for the deed from the Territory. And our congregation has been on that corner ever since. Uh, but not in the same building. The ... that building that was completed in 1843 burned and was remodeled in 1884, and then in 1906 the entire thing was completely destroyed, which sent Irving Weber over to the balcony of the Englert to go to Sunday school class. I realize as the facility's manager how expensive it is keeping up a building. But, we are committed to being a downtown church with all the joys and headaches, and I ... feel that, uh, the loss of historic structures in the neighborhood would really change the complexion of the neighborhood to the detriment of the neighborhood, and I urge you to ... vote for the designation. Thank you. Hayek: Thank you for your comments. Futrell: Hi, my name is Susan Futrell and I live at 311 Fairchild Street. Um, I don't live or own property in the district that's being considered, but I do own a house that my husband and I live in in the Northside Historic District and uh, rental property that's in the Longfellow District, so I have some firsthand, um, appreciation for This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 16 the benefits of having historic overlay in a ... in a neighborhood like both of those. Um, I'm speaking in favor and I hope you'll vote to support this for a couple of reasons. The district in question here is really at the heart of historic Iowa City and I think for many of us, it's ... um, it almost was surprising to realize that it had not already been protected because of the location so close to the heart of town, and also because the ... the buildings now are so well preserved and well maintained that it's ... it's quite intact for a historic district. Um, I think we've learned in the Northside that overlaying the historic district doesn't change the character of the neighborhood fundamentally, and in fact what it's done for us is help support property owners who want to maintain their houses, paint, uh, do upkeep in maintaining the val ... the value of our homes, and also making it feel more worthwhile to put that kind of care and ... and, uh ... investment into the houses. So I think protecting this district that is currently surrounded almost on four sides by other protected districts in town is in a way a ... um ... a benefit to the whole community to protect what the City already has invested in neighborhoods, like the Northside and the Market, uh, North Market and downtown area. Um, I also wanted to say that as ... we had an experience a number of years ago of having to do some repair on our property, um, as well as some maintenance on our property in the Longfellow neighborhood, and in both cases we went through the process with the ... the commission. I think, um, it...it was very straightforward. We were able to use modern, inexpensive materials to do an ...an appropriate kind of, um, repair, and in fact the, um ... the Friends of Historic Preservation and some other organizations actually have resources to help property owners who are protecting historic buildings. So I think as a ... a single person owing a home, this could in fact help support the kind of, um, upkeep that you want to do on your home. So, uh, just in closing I want to encourage you again to, um, understand the concerns of some of the property owners who are afraid of what might happen to their properties, um, look at the districts that you've already protected and see that those fears, um, generally have not come true and that in fact preserving this area will help to reinforce the investment that the City's already made in a historic heart of town. Thank you. Hayek: Thank you for your comments. Clark: Good evening, I'm Maeve Clark and I live at 428 Clark Street, and I'm on the Board of the Friends of Historic Preservation and I would like to reiterate just a point about historic preservation and the tour of historic homes last year was not a tour of historic homes but it was a tour of historic buildings, and the majority of the buildings were in this district because it was about the Civil War and many of the buildings that existed in Iowa City during the Civil War are in this area, including the Bostick House where the, correct me if I'm wrong here, the City Council met and the Civil War soldiers were mustered into the war. So I would just like to impress upon you if at all that it does have a extremely portant... important historic significance for Iowa City, and I urge you to remember that when you're considering this resolution. Thanks! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 17 Hayek: Thank you for your comments. Michaud: I'm Pam Michaud and in spite of my frequent visits here, I am trying to cover new material every single time, and there's a plethora of it (laughter) so I'm never at a shortage for words, unfortunately. Uh, my heart goes out to anybody who lives in their house and tries to be downtown with a, and raise a child. Um, I did that for many years. I've been in my house for 22 years on south Johnson. Um... as evidenced by, uh, 30 years of Historic Preservation Commission, uh, or Friends of Historic Preservation awards, 30 years and let's say an average of 30 projects. That's 900 little projects by little people who care about their house. Um, I consider myself a little person. I have, uh, some property that I rent on College Green Park and am extremely happy with that. Uh, so far the park is not overshadowed by a high -rise and I'd like to keep it that way, just for your future reference (laughter) Case there was any doubt! Urn ... the thing about the ped mall and Chauncey Swan and Jefferson Street is that they basically are everybody's backyard. It is a public commons. When you have four active churches on one ... on like three streets, then it becomes a public commons, and I'm sure that there are plenty of people who will disagree with me about property rights, but from my point of view of being on the Historic Preservation Commission, representing College Green for over 10 years, I'll tell you we bend over backwards to make projects affordable and well designed for people. For the person, Andy Small, who's concerned about the cost of repairing his siding or replacing it, uh, we ... we have over the years shown up with hammers and help from the Salvage Barn to enable these repairs. Um, we will help people that are... are stressed about this and um, of course I'm not volunteering anybody at this point, but urn ... there are resources out there and we will try to come up with the most cost - effective way for people to maintain their projects. We've also streamlined the application process so that simple window replacements, uh, are ...can be, uh, approved by staff and chair. Um, for those who are concerned about short notice of agenda items, I would just like to say we are all desperately looking at your iden... agenda items because the rampant development in Iowa City in the last ... 12 or 15 months has been head-spinning ... for most of us. And so we're just trying to get a little control over the situation, and now that the fact that landowners have to look at the agenda is almost consoling, but um (laughter) I've been here so many times, um, for so many occasions that seem so pressing, uh, I would like to encourage you to make this his ... historic district because it is everybody's concern. I ... when I go to big cities, in other countries; big cities in this ... in this country, I always look for a trend, historic neighborhood. In Europe it's going to be City Center. I'm looking for medieval streets; I'm not looking for high- rises. I'm from Chicago and I will definitely take a canal architectural tour and enjoy the hell out of looking at a lot of high- rises, but this is our city; this is our college town, and it should have that ambiance. Thank you. Hayek: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 18 Reynolds: Hi, my name is Christina Welu Reynolds and, um, I don't know how many people here tonight actually live in this area, especially those of us who have `Yes' buttons on, but I recognize 50 to 75% of the people with `Yes' buttons who live in the immediately surrounding areas. We're here because we care about the community of Iowa City. Many of us are property owners. I'm a property owner, but I also know that I'm part of something bigger, which is a community. I get things from Iowa City. I get the road system. I get the bus system. I get the schools. I get the sidewalks. I get the lighting. We have to give something back. We're not a community of take, and as property owners, I can't be about me and mine. I am part of a neighborhood. I am part of a community. And when we look at some of these houses, we're scared that the potential is that they could be lost, maybe in a year from now, maybe in two years from now, maybe in five... but we have a responsibility. We are stewards of our property, and my property is more than just 619 Brown Street. My property is part of a neighborhood. It's part of a historic district. It's part of the Northside. It's part of Iowa City. Many of us walk and run and eat and dine and entertain ourself in the Jefferson Street area. It needs to be preserved. Um ... the other thing that I wanted to say is that it is important that we look down the line. When I moved to Iowa City back in 1992, and I remember what south Gilbert Street used to look like. I understand progress, but sometimes too much is too much of one thing. Once these buildings are gone, they're gone, and I know that there's a concern of expense. Both my husband and I are public school teachers here in Iowa City. We own a historic house. When we bought it it was cheap and it was dilapidated. We have been fixing it up according to what the Historic District ... we have not felt any affects of it, because we know that when we replace a window, when we replace a sill, we're doing it in the way that they did a hundred years ago, and my house is a hundred years old, and if we continue those practices, you won't have to replace anything for another hundred years. I doubt we can say that about some of the new construction that we have been seeing going up. Thank you. Hayek: Thank you for your comments. Christiansen: My name is John Christiansen and I live at 827 Dearborn and the Dearborn Conservation District, which is, uh, adjacent to the Longfellow, uh, Historic District. I'm the Chair of the Johnson County Preservation Commission. Our jurisdictional area is all of Johnson County, with the exception of Iowa City, which is superbly served by the Iowa City Historic Preservation Commission. The county commission supports the City's desire to designate the Jefferson Street Historic District as a local landmark district. We strongly support the safeguarding of historic homes, buildings, and neighborhoods — every place in Johnson County, and particularly here in the heart of historic Iowa City. Hayek: Thank you. Molleston: My name is Missy Molleston. Um, my husband is a principal in the housing group. They own 424 E. Jefferson, and they are greatly in favor of historic This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 19 overlay. Um, there is a business in this district, and it's G -Spot Hair Design in 424 Jefferson. We actually live on North Gilbert Street, in a historic district and we have got nothing but great things to say about being in a historic district. We feel like it increases our property value and protects us, rather than costs us more money. Um, the building on 424 Jefferson Street was not purchased with hopes of a big payoff down the line from a developer, but to house a business in a historic district in a near downtown location. Um, that was what I came to say, but I just want to make some comments about some other comments that were made. Um, I don't think vinyl siding pays in the long run. It does warp and discolor, and does need to be replaced, unless you want to live with the warp and discoloring, and a good paint job can last 20 years if you maintain it. Old windows can be refurbished at equal or less cost than buying new vinyl windows, but uh, Friends of Historic Preservation just had a workshop on it. Um, and the most important thing, once these buildings are gone, they are gone. So I think they need to be protected. Thank you. Hayek: Thank you. Ross: Hi, I'm Brandon Ross. I, uh, I actually live up on Rochester Avenue. I, uh, I came to Iowa City and just with the expectation of staying here, uh, two years. That was 24 years ago. Uh, one of the reasons why, uh, I stay here is because of all the beauty that was the downtown. It seems so idyllic. And what I would say to you today is that, um, that your historic preservation, you're preserving of... of Iowa City's history is, uh, in that sense is preserving the soul of the City, is bringing people in from out of state. I'm from Boston. Uh, we have architecture. So, you know, we're ... we're pretty snobbish (laughs) so you know I completely fell in love with downtown, and that's true, as someone said a few, uh, comments back about the, uh, complete changing of downtown. The past couple years there's been such developments, uh, the whole thing that happened on Washington Street, which was a pain to just about everybody. We really don't want that to happen, and it's to the commercial interests I believe of the City to preserve as much because all we really have is the center, uh, I don't think that people really say, hey, honey, let's ... let's go walk, uh, past, uh, that nice parking garage that they just built down there. Uh ... how bout those four -story apartment buildings right in the middle of downtown? Let's just go by there and have an ice cream cone. You know, I think people have a ... a very big sense of place and where they are, and I think that all of us really appreciate this, but we don't think about it so much, but when it's taken away then we suffer. And uh, my daughter goes to Horace Mann, uh, my wife works at Preucil School of Music. I'm in town a lot. I do freelance writing; I do some teaching, and believe me, I live up on Rochester. It's a pleasure to walk down and come into town, and to have a ... have a real place. So I would say that it's a great commercial consideration for the City would be one of the big things and uh, I appreciate your time. Thanks so much. Hayek: Thank you for your comments. (laughter) Return the pen, Brandon! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 20 Bennett: My name is Mary Bennett and I came to college here in 1972, and actually for 38 years I've lived in the center of my universe here. I work at the State Historical Society which is a half a block away from here, and I walk this corridor all the time, and I consider it a very critical piece of the puzzle of overall Iowa City. It's kind of a futile exercise to worry about having a wonderful central business district if you don't have a beautiful link over to these older areas of town, like the Northside. I frequently go to Hamburg Inn. I like to look at the old, uh, Park Hotel, which tells me about the early brick makers and bricklayers of Iowa City. That entire magnet toward that area is through this corridor. I have great respect for the tiffany windows at the Congregational Church. The history that, uh, Irving Weber embodies in the Methodist Church. I don't need to tell you all that history but it's there, because there's stories connected with it. Very personal connections that I feel to those buildings. I know Oscar Wilde walked down that street. So I have a really wild imagination. I have a fantasy trip when I walk down that street because part of my overall appreciation of Iowa City. When I sit at home on Sunday and watch hours and hours of those presentations for the building you're considering on the corner of College and Gilbert and I think of these transformations you're making in my neighborhood. I live at 1107 Muscatine, which is just about six blocks from here. So this is my neighborhood, my sunshine you're talking about. The areas that I walk through every day, the air I breathe, so if you're going to make a change of such great magnitude in this downtown area, things I can't possibly block given the forces of money in this town. Please throw me a bone and save me my little neighborhood over here, that's full of character, it's full of magic, it's got lots of quality and detail in its construction, and it's a remnant of the past! I really wish Irving Weber was here to remind us of all of that, not let it slip from our memories so easily that we're going to change something irrevocably, because each of those buildings needs to be placed in context. You can't just save one church or one Bostick Hall because its history seems richer than the little house next door. Because it's really part of a neighborhood and it's part of that larger puzzle, and those larger districts. And I really applaud this young woman who talked about being a property owner in this town is not just the street you live on. It's the neighborhood that you live ... you live in, and this is my neighborhood. So I urge you to keep this overlay in place, and I also want to say, because I work in the profession, that your Historic Preservation Commission does tremendous work with this community, and there are grants available from the State Historical Society of Iowa, a historic resource and development program would probably help St. Paul's with some of the work they need to do with that roof, because I got a similar grant for a little church in Dallas County so they could have a dry basement and good drainage. So don't always look at this being a problem. It's actually a wonderful opportunity. So I encourage you to look at the economic benefits, the beautification, and of course that rich history that we just can't dismiss. So thanks for your time. Hayek: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 21 Biger: Hello, I'll try and be brief. My name is Matthieu Biger and I live on, uh, 519 N. Johnson, right next to, uh, Preucil and North Market Square Park, and also belong to the, uh, Northside Neighborhood Association. I'm on the Board of that organization, and um ... myself, my family live not only in the Northside Neighborhood, but also, uh, we work, uh, either downtown on the University campus. Uh, my son goes to daycare at, uh, First United. Um, the Little Angels there. Um, I ... he's a toddler and he walks around these neighborhoods, and I want him to be able to walk past those houses when he can appreciate them even more than he does now, um, when he, you know, 10, 15 years he, uh, when, you know, in five years when he's going to Horace Mann, thank... thankfully, and then, uh, afterwards when he's going downtown, uh, to go buy some toys at Akar, he's going to cross that area and I ... and I want him to, uh, to be able to experience that, um ... um, you know, in its ... as we've established historical, um, beauty. So, thank you, and also I'm from ... I'm from France so I have a lot of snobbish ideas about architecture (laughter) but... I've... I've also seen a lot of neighborhoods that, you know, even Paris, if ..there's a lot of 19th century buildings, but nothing 200 years older and that's because at some point someone decided because everything was squalid and, you know, to replace it with something grand, but this is not squalid. As was discussed already, it's in really good condition now, thanks... thanks to the efforts that were already done by current owners, um, so now is the I think the time to preserve it. You know, it still could be a time capsule so ... (mumbled) do that. Thank you. Hayek: Thank you for your comments. Dull: My name is William Dull. Uh, I don't even live in Johnson County, although I did, uh ... for approximately 40, 50 years, since 1964. And I, uh, believe over (mumbled) five decades there's been a real change in, uh, the concept of preservation in Iowa City. Uh, there were a lot of lovely old homes back in the 60s and 70s have been torn down, and I'm afraid the same phenomena is going to happen on Jefferson if, uh, preservation is not addressed. As it turns out, I happened to live at 320 E. Jefferson, um, in ... a home that was built in 1880, from uh ... 1981 through 2010 when I sold it and moved from the, uh ... from Johnson County. I'm here to encourage the Council to, uh, address the issue of preservation in Iowa City and strongly consider this, uh, plan. It'd be a real shame if my old home ... was altered in some fashion, uh, it'd be a real shame if these old buildings, other than my old home, were altered. I hope that you, uh, do the thing that is correct for Iowa City and support this resolution. Thank you. Hayek: Thank you. (unable to hear person away from mic) You know what we're gonna let others speak first, uh... Wright: Good evening, I'm Mike Wright. I live at 225 N. Lucas Street, and I'm the Coordinator of the Northside Neighborhood Association, which uh, does incorporate a good number of these properties. One thing that I always like to bear in mind with historic preservation is that it does more often than not tend to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 22 be a value -added proposition for a community. Um, cities as diverse as Atlanta, Dubuque, Philadelphia and Little Rock have all noted increases not just in property values within historic districts, but with increases of...of adjoining properties to historic districts, and one of the most dramatic has actually been in Dubuque. Downtown Dubuque there are, uh, and this is documented, property values in the downtown historic district increased about 50% over the last 10 years. The adjoining properties increased about 7 %. Excuse me, 9 %. Throughout the rest of Dubuque the increases in property values were more like 3 to 5 %. It made a very big difference in downtown Dubuque. Jobs created by historic preservation create an awful lot of bang for the buck, so to speak. Um, per dollar, historic preservation projects produce more jobs than new construction or industrial expansion. It does of course mean we have to deal with additional regulations, and none of us particularly like regulations, whether we're living with them or whether we're administering them. But such is the price of living in a community. Um ... our home on Roosevelt Street here in Iowa City was within the Longfellow Historic District. We moved a few years ago. And I can attest that working with the Historic Preservation on our project in that house was pretty painless. It was a very, very simple, straightforward process, and uh, I don't believe it cost us any more to construct to the Historic Commission's value, excuse me, the historic district's values, uh, than it would to do it any other way. But Jefferson Street, um, is a little bit different here in Iowa City. It's a remarkably intact, and for the most part, a beautifully maintained stretch of properties and as ... has been pointed out, once they're gone, they're gone. These are properties that cannot be replaced. And if you go down Jefferson Street at this time, I bet most of you have at one point or another, you can actually feel a sense of history, particularly along the, uh, the 300 block of Jefferson. Those ... that's a remarkably intact and um, almost in some ways a time capsule, uh, at the south edge of the Northside Neighborhood. These properties are key to the historic and to the human scale of that neighborhood, and ... and I do believe add an awful lot also to the value of the Northside Market Place. There are a number of businesses there. There are bed and breakfasts, there's a salon, um. ... and the feeling of that neighborhood is unchanged. And once again to draw Dubuque into it and I, you probably are sick of me talking about Dubuque, but they do historic preservation very well in Dubuque. There's a very similar type neighborhood along south Bluff Street in Dubuque. Formerly residential houses; now for the most part businesses, mostly service businesses, a few offices, but the feel of that neighborhood is unchanged. The history of that neighborhood is still intact, and that's what historic preservation can do. It does not disallow transitions for neighborhoods. What it does allow is that the basic feel, the basic structure of a neighborhood can remain unchanged, even while its uses do change. I think that's something we could do very easily and continue to do very well here in Iowa City. Thank you. Hayek: Thank you for your comments. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 23 Carlson: My name is Nancy Carlson and I live at 1002 E. Jefferson and I'm one of the 6,000 people who drive down Jefferson every day. So when you talk about this, no, I don't live ... I live 10, no four ... six blocks away from it. But I drive down it every day. It's part of my neighborhood, as other people have said. And so... for some of these other districts that are farther out and more isolated, yes, maybe the people surround... just surrounding it are the ones who should talk about it. But when you have a ... an area this close to downtown where at least 6,000 people drive through it every day, it doesn't belong to the people who live there. It belongs to the community. Uh, I'd like to do a little comparison. You know, have you ever heard the thing about the... a glass and is it half full or is it half empty. If you look at the glass and you say that it's half empty, you have a negative point of view and you don't want to do ... you are ... live in fear of what is going to happen. If you ha... if you look at the glass as half full, you look at it as an opportunity. I think when we look at this as a... as being designated as a historic des... district, we have to ask ourselves, are we looking at this through rose - colored glasses, thinking that this is half full, or is it half empty? You'll end up with two different points of view; you'll end up with two different conclusions. My final remark is about a remark that was made, uh, at the last City Council meeting in relation to the, um ... structure going up downtown on the corner of, uh, Linn and, uh, Gilbert. Uh, there was a gentleman from north ... from uh, the Northside Neighborhood who said, when the University shows their icon image for, to draw people in, do they show Phillips Hall? Do they show, or do they show the Old Capitol? One of the symbols of the University is the Old Capitol building top ... which is one of the oldest buildings, if not the oldest building, on the University campus. So I think we need to think about that. Uh, you know, this is a great symbol for our community, uh, of what we ... what we respect and honor. It ... we ... it has been given the honor by the National Register. Now we need to make the further commitment to say we respect and honor this even more. Thank you. Hayek: Thank you for your comments. Gravitt: My name is, uh, Mary Gravitt. I don't live downtown. I live in, uh, Towncrest, but today I was walking through the ped mall and I noticed that the only decent lookin' buildings were the old buildings that used to be stores and so forth. They ...they give the ... the neighborhood in the ped mall class. You can ... because, I guess because of my age, I remember when those buildings represented a small town, and though Iowa City is growing like a spider, it's still important to preserve the old, and to preserve the antiques if you don't want to say old, and when I was walking down the, cause I came off the bus and I walked through that hotel, and the first thing I thought about was Harry Potter! Because in the book Harry Potter when, uh, Rawlings is describing the neighborhood and where he goes to buy his wands, the neighborhood looks like those old stores. And you have to preserve your history. It's okay to have all these new fangled buildings, but I'm so glad that ... that building next door to where that's monstrosity's being built in the ped mall didn't get torn down, that nice historic building. So I ... I This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 24 suggest that you preserve your history. I'm from Philadelphia, and I suggest that you preserve your history, and another thing, don't let all the green spots get covered by these gigantic, uh, apartment houses. Because Philadelphia... it was happening like that in Philadelphia, and somebody read the history where it was supposed to be a `county town' with green spaces. They sued the City and they won, and we got what little green spaces that were left. Thank you. Hayek: Thank you. Cilek: Hi, my name's Gregory Cilek and I'm Chairman of the Cilek Family Historical Society (laughter) where we were, uh, where I was, uh, I was born two blocks from here, uh, 58 years ago and then, uh, over ... over 50 years ago we moved to Brown and Gilbert, northender like you met, and we, uh, we understand, um, the value of character and that's what I want you to consider here. You are really the stewards of character on this issue. The character of our town. I myself, and I ... I feel for Mr. Small, but I also had to, um, I didn't have to. I chose to renovate our family home and the, um, Northside Association was very helpful in ... in getting it done. Uh, I considered it a tremendous investment. Uh, yeah my taxes went from something like $2,500 to $12,000 but um, I'm thinking I'll get that on the other end eventually, but what really distresses me is ... in the 70s I saw houses get destroyed and really ugly apartment buildings get built right between two beautiful houses. I even saw some, uh, apartment buildings become legal just by attaching a board to an old historic home right near, and that still exists in the neighborhood, and I cringe even... and I ... I drive through, uh, up Gilbert and past these buildings, particularly the 300, um, in the 300s there on Jefferson, and I just can't imagine that anyone could let that, uh, potentially be gone, and I don't have much new to add except for perhaps the thought that will the stewards 100 years from now be sitting around protecting, uh, potential student warehousing buildings that could be in here, like we're trying to do today for the people who... you know, designed and built these things 100, 150 years ago? There was a whole period of not caring about that anymore, but fortunately we've developed as a society to, uh, understand that's a real treasure, and I ask you to preserve the treasure of my town. Thank you. Hayek: Thank you. Kinsey: Hello, I'm Joni Kinsey and I've spoken up here a number of times for different purposes and uh, long time ago it was especially on the cause of exactly this -- Historic preservation back when the original historic preservation plan for Iowa City was being adopted, and the first historic districts were being approved, there was a great deal of disregard for historic preservation, and thankfully we've come a long way since then. We've done all sorts of ... different kinds of zones, from conservation zones to historic districts and so forth, and it has really made a huge difference since the 21 years that I've lived here. I don't live, uh, near there, this district, anymore. I did for some ... almost 20 years. So I'm kind of an outsider's voice at this point, but I still very much — as all of these people who've spoken do This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 25 — care about this district, as I suspect many, many, many Iowa Citians who are not even here tonight do care about the historic preservation of this district as ... as we've all heard. The one thing I'd like to add that's not been said is that I, uh, am an art historian of American art and architectural history and I teach at the University of Iowa, and I do include architectural history and preservation issues, as well as cultural issues that pertain to history and the built environment in my courses. I do occasionally, uh, actually even require my students to do historic tours of Iowa City, to even write about historic structures that they see, certainly the churches in particular are instructive on this street that we're dealing with here, but even as much are the vernacular homes and I just want to emphasize that they have an educational value, not only to courses such as mine but to average individuals, to help us understand where we've come from, and hopefully where we will be going in the future in, um, the way in which our towns can be built. So, one of the last points I want to make is that like doctors, you all have a great deal of responsibility and uh, onus on you to do a good duty, uh, to do the right thing, and certainly the first premise is to do no harm, um... in this case, doing nothing is not a direct act to tear down these structures, but ultimately it could mean that and it probably would mean that in the future. So I'd like to emphasize your own historic role here as not just stewards of the present, but as stewards of the future, as well as the past, as you look forward towards what you will be doing tonight or if you defer this til another night, uh, to what this will mean for this town and its future inhabitants. Thank you. Hayek: Thank you. Hawtrey: I'm Jim Hawtrey. I live on Dodge Street. I'm not in a historic district, but I'll give you a little tiny bit of history there. When I moved to Dodge Street, there were a few families on the street. Now there's ... two — myself and I have limited time left on this earth probably, given the gray hair. And if you... Champion: (both talking) die it then you won't have it anymore! (laughter) Hawtrey: I can't do that. (laughs) I've always thought I have to be... stay honest to my head! (laughter) Any rate, if you do nothing, look at Dodge Street. Now I must say that Dodge Street has improved because we had a landlord there that has done things to maintain the quality of the houses, but they are all student housing, and students, though they move to a house because they want to live in a house, don't care as much for a house as a family, and that's all I have really to say. Thank you. Hayek: Thank you. So we've ... we've had about a ... a little over an hour of community comment. Um ... are there others who ... feel it's important to weigh in during this public hearing? That was kind of a subtle discouragement (laughter) I worry about the Council and this audience losing, uh, losing steam, and we've been going for three (coughing, unable to hear) three and a half hours. Is there anything else that is salient and will help us, uh, make our decision, and that does This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 26 not involve Brandon Ross, no sir, we're not going to go back there (laughter) but thanks for the pen! No, Brandon. You ... you, I'm not ... cause if I open it up to you I open it up to everybody else to get a second bite at the apple. Appreciate it. Okay. Is there anybody else who hasn't spoken who needs to? Dulek: You want to take the straw poll before you close it (both talking) Yes. Before you close it. Hayek: Okay! Champion: Oh! Hayek: That's right. Okay, um, well ... who, uh, who would be in support of this district, at least based on what you've heard? Champion: I would definitely be in support. Payne: Yes. Dickens: I wore my Northside t -shirt last night to bed (laughter) hoping for some inspiration. I bought it up at the North Market Square at the ... the park there. Hayek: Actually you know what? If...if...we're already at six (several talking) right? Dickens: Well I was going to go yes. Champion: Oh, yes! (clapping) Dickens: Based on (clapping) ... Throgmorton: You should keep on speaking! Hayek: Yeah, yeah, I know it! Mims: I'll move first consideration. (several talking) Hayek: Okay, uh (several talking) Uh, I'm going to close the public hearing. (bangs gavel) Uh... b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Should I do that again? Hayek: Yes. Mims: Move first consideration. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 27 Payne: Second. Champion: Second. Hayek: Moved by, uh, Mims, seconded by Payne. Discussion? Let's turn right back to you. Dickens: Well ... I have a lot of notes here. Uh, the number of people that were protesting that ... that did bother me in the area, and it seemed to be ... the whole area seemed to be pushed by the purchase of the Bostwick House, which is very historic, and seemed to trigger the whole... pushing it a little quicker here. Um, history is very important to me. My wife always says I talk about history too much, but Iowa City's important. So ... probably the biggest thing is watching Phil and Greg back there, after Greg spoke. Phil slaps him on the back or they slap each other on the back. They both went to high school or junior high together and to see them, they have their differences but they both want the same thing. So ... that's what did it! Hayek: I think, uh ... uh ... I think this is incredibly important to ... to support. Um, neighborhood stabilization is one of our utmost strategic priorities. Um, we ... we identified that and we have done a lot, um, in the last year or two to start the process of, um, doing more to protect, uh, the areas near downtown, um, a lot has occurred to the benefit of the near northside, which is the area most affected by, uh, what's proposed. Um, we've made a lot of investment, uh, in our downtown and near -north downtown, uh, area. This ... this area straddles that, or ... or is a buffer in between it, um, I think it represents a strategic, uh, entry point for the community. It's a highly visible, uh, area, um ... uh, I understand the opposition through the petition process, but my ... from my perspective the ... the public support for this is, uh, is overwhelming, um ... the ... both the Historic Preservation, uh, Commission and the Planning and Zoning Commission unanimously supported this; staff supports this; I think this is a unique community asset, um... and... and I ... I also, I agree with the, uh, with the arguments that ... that, uh, these sorts of districts can have a... a net economic gain, um, a spin -off effect, some sort of...greater than the ... the whole greater than the sum of the parts, uh, impact and I think this, uh, is critical to our downtown and our... and our near - northside, and I think we've seen the threat historically to the areas near downtown. That was mentioned several times this evening. Um, and based on recent experience that threat is ongoing. I think we have an opportunity to do something important, um, and significant and I would be supportive. Mims: Yeah, I would echo a lot of what Matt has said. I ... I come from a background where my ... I am a really, really strong proponent of property owners' rights. At the same time, as property owners, we also have some responsibility to our neighbors and to our community. And to me that's what this is really about. If you look at this area, you ... I don't care which side of the issue you're on, you can't argue but what there are a lot of incredibly historic buildings within this This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 28 area. Um, again, the location of it, so close to downtown, as a transition area or a traffic way to the east. Um, as Matt mentioned, the strategic plan that we did a year and a half ago or whatever, almost two years ago now, in terms of neighborhood stabilization. I think it is key to that. As also ... also as he mentioned, we have just seen so many situations of developers buying up multiple adjacent homes, tearing those down, and putting up mega - apartment buildings that really have a very negative impact upon that kind of, uh, family- oriented, or at least a balance, of family- oriented neighborhoods with student housing, and so I think given, for me, you know, the location, the number of historical buildings, the ... what we've seen with the housing being torn down, um, just makes this a critical area that needs, that we need to put some additional protection on. So I'll gladly be supporting it. Champion: Well, I knew all along I would support it because I'm really, I'm in favor of this kind of overlay on ... on older neighborhoods. It's been proven to be beneficial to the community, and to the neighborhood, and it ... I haven't seen anything detrimental happen to anybody with ... with this overlay. I ... I think this Jefferson Street, I have never seen so much input from people who don't live on Jefferson Street! This is obviously important to people who live in Iowa City, who have seen what has happened to some of our older neighborhoods and respect them. And I just want to thank everybody for coming out tonight, and all the people who have stopped in to talk to me, that this is a very important thing to Iowa City. Thank you for coming! Payne: I just ... I'm not going to repeat what everybody said, but I definitely agree with, uh, what both, uh, Susan and Matt and Connie have said. I think it's very important to our ... to our neighborhood stabilization to do ... to do this and it's part of our strategic plan. Dobyns: The first thing I learned about city government I was taught by my colleague Michael Maharry, who I think was your predecessor on the Historic Preservation, and he said the ultimate definition of an historic neighborhood is a place where Irving Weber would stop at every property (laughter) and tell you a story, and I think this is the ultimate definition of that because I think Weber got so tired he could only walk 100 feet away and he's been standing there ever since! (laughter) Dickens: I do have Irving's, uh, entire set of books and some of `em are signed by Irving. He was good friends with my wife's grandmother and so ... I'm proud of this! Hayek: Good! Throgmorton: Well funny! Maybe I should say just a couple words. Uh, it's ... it's a real treat to be able to vote for this, uh, and there's no way I could be as eloquent as you collectively have been. Thank you, uh, the only thing ... the only other thing I ... I guess I think about is that, you know, I've lived here for 26 years and I worked in Jessup Hall for most of that time, like 24 years, and I have, uh, literally walked or This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 29 biked down Jefferson Street thousands of times in ... in that period, uh, so I think I know deep in my bones what that means for this city, and it's ... it's a great feeling, and it just, uh, you all use the word sense of place, character, community identity — all that's wrapped up in those buildings. So it's a real pleasure to be able to support this. Hayek: Roll call, please. Karr: Motion to accept correspondence. Hayek: First consideration passes (clapping) Throgmorton: So moved! Payne: Second. Hayek: Moved by Throgmorton (clapping in background), seconded by Payne. Discussion? (clapping in background) ...aye. Opposed say nay. Motion carries 7 -0. How are we doing? Do we want to take a break? Throgmorton: We should take a break. Hayek: Okay. (BREAK) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 30 ITEM 4d CONDITIONALLY REZONING .22 ACRES OF LAND LOCATED AT 221 AND 225 NORTH LINN STREET AND THE ADJACENT .07 ACRE LOT ASSOCIATED WITH THE MIDAMERICAN SUBSTATION FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS -12) TO CENTRAL BUSINESS SERVICE (CB -2). (REZ12- 00028) a. PUBLIC HEARING Hayek: Okay, let's start up the meeting again. If we could quiet down out there in the audience that'd be great. Thank you. (reads Item 4d) Dobyns: Move first consideration. Payne: I have to recuse myself. Hayek: Actually we need a public hearing first too, Rick, so... Dobyns: Okay! (laughter) Hayek: Council Member Payne will be recusing herself, uh, given her employment at MidAmerican. Um, so ... this is a public hearing. (bangs gavel) The public hearing is open. Is there any ex parte, uh, communication to disclose? Mims: No. Hayek: With that, let's, uh, turn it over to Jeff! Davidson: This project should seem a bit familiar to you. Uh, this is the location at the corner of Linn and Bloomington. Several months ago you had a, uh, project which, at that time, also included... this property, uh, on Bloomington Street, and here's an aerial view. It currently includes two of the, uh, two of the residences that was ... that were included in the original proposal. Uh, the zoning also includes the MidAmerican substation here, although it is not part of the redevelopment project, and you can also see that there's a gravel driveway here. The ownership of which is at least supposedly split between the ... the owners of the adjacent residences, uh, I'll have a little bit more to say about that. Uh, the proposal from Northside Commons LLC is for a rezoning from RN 12 to, uh, C132. The goal is to build this building, uh, at the corner. Uh, the developer has attempted to take into consideration the concerns, uh, that were expressed at the, uh, during the consideration of the previous project. You will recall that Council did, uh, approve a Comprehensive Plan amendment but not the zoning for the project at that time, and basically it was the scale of the project that, uh, seemed to be the ... the issue. Um, as I mentioned, the ... the, uh, project currently contains these homes, uh, a duplex and a four -plex, uh, that have a total of, let me make sure I get this number right — uh, 12 units ... um ... yeah, the...the building that's This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 31 proposed then would include a commercial space, 2,400 square feet of commercial space, and then residential on the, uh, second and third floors, and I believe... okay, here would be the, uh, subterranean parking for the residences. Uh, and you can see the driveway here, uh, for the subterranean entrance. This has access then off of the alley. Uh ... here you see then the second floor with the 2,400 square feet of commercial space, parking behind, uh, access off of, urn ... uh, Bloomington Street, and we would suggest that the old gravel driveway be closed because of the adjacency here to what would be the new entrance. Uh, here is the second floor, uh, with eight one - bedroom units and the third floor with, urn ... uh, the four two - bedroom units, so a total of 16 bedrooms compared to the 12 that are on the site currently. There's also a roof terrace, uh, which you see here, and that you can see ... there, well you can sort of see, uh, from the, uh, it would be located on the top of the building. Urn ... let's see here. Excuse me I'm ... my machine is catching up here. Uh, we looked at this in terms of the Comprehensive Plan which as I mentioned was amended, uh, when you considered the proposal several months ago. We feel it is consistent. Uh, and that the developer has attempted to meet the concerns, uh, about the, uh, size and uh, scale, uh, compared to the existing neighborhood. Uh, so the recommendation, uh, is to uh ... approve. Uh, just real quickly the, uh, Conditional Zoning Agreement conditions would be no more than two bedrooms are allowed per dwelling unit. Uh, final design of the building approved by the City's Design Review Committee, which is an internal administrative committee. Uh, commercial storefronts designed in a manner consistent with the, uh, submitted elevation drawing. This is a concept. This is not the exact building that will necessarily be built, but it is a concept. We'll have to go through site plan review. Uh, if the third floor is built, and presumably it would be built, that it be designed in a manner consistent with the, uh, submitted drawing here. Uh, the gar ... the garage along Bloomington Street, that the adjacent curb cut be closed, uh, streetscape along Linn Street designed to tie in with the streetscape project that the city did a few years ago, uh, to the ... for the two blocks farther north. Uh, and that the public alley, uh, between what you ...what you see right here, the public alley between this point on Linn Street, up to the entrance, uh, into the new building, that that would be improved by the developer. Those are the CZA conditions. Uh, are there any questions? Dickens: So this drawing is just with two ... the two stories, not with a three- story. Davidson: No, this is a three - story, Terry. This ... this third floor here has been deliberately designed, uh, with the glass fagade to, uh, attempt to minimize the height. That's something that was done specifically to, uh, try and make it tie in with the neighborhood better. Dickens: So where's the third floor... Davidson: That's on top here, uh, where you see the trees. That ... that deck would be (both talking) this parapet wall right here would ... would, uh, protect you from fallin' off that top roof terrace. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 32 Dickens: I was lookin' at levels, not floors so... Davidson: So you have commercial floor, first floor residential, second floor residential, terrace. Dickens: All right. Davidson: Any other questions? Throgmorton: Uh, I guess I have one. If.. if I was reading the Planning and Zoning Commission meetings correctly, there was an issue with regard to the title for the gravel drive. Davidson: Yeah, the ... my understanding of that, Jim, is that there's... there, in terms of what the developer wants to do, it requires this, uh, and it's a ... it's a private drive. It's not a public alley. Would require it to be, you know, basically the ownership half to this property, half to the adjacent property, and there's some dispute of that. It is a matter between the two property owners, but it will need to be resolved before the plan that you see before you could be executed. Any other questions for me before you continue your hearing? Hayek: Not ... not now. Thanks, Jeff! Davidson: Thanks. Hayek: Is there anyone from the audience who would like to address us during the public hearing? Jessie? Allen: Good evening! I'm Jessie Allen, owner of Northside Commons. Um, I'd like to start off by talking a little bit about the history. A lot of you guys kind of remember this from a little bit over a year ago. We started the, uh, process with purchasing the property and the rezoning application, and we had three houses on there. Um, in the process of doing this about ... about this time last year, we ... we pulled this project off the table. We'd made it through Planning and Zoning. We pulled the project off the table. Um, some of the background for ... for my reasoning for doing that was I just felt like it was a little bit too big. Some of the comments from the neighborhood and from staff were ... were startin' to sink in a little bit so we ... we brought this back to the drawing board in ... in the early parts of May. Um, I actually ran into a couple of the neighbors on the street in casual and talking and walking around the downtown, and uh, so we brought it back to the neighborhood and we had a formal meeting at the Iowa City Public Library where we were taking comments. We explained the zoning that we were going to participate in ... in how that would influence the neighborhood, and with that... with that process we had two more meetings following that and we came up with this concept. And what changed from a year ago was before we were looking at a This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 33 rental, whereas now we're looking at owner- occupied and ... and that's when it kind of dawned on me to ... this is RS -8 zoning. We're going to CB -2 zoning, um, by having owner- occupied that will stabilize the Northside Market Place. That will kind of ensure to the neighbors and the people that walk by this every day, that we can have owner- occupied; we can do it classy; we can do it in a building where the Northside neighborhoods can support and ... you know will actually buy and move into this neighborhood because the Northside Market Place was a special place. Um, we also, uh, month and a half ago walked around the neighborhood handing out flyers to see if there was any comments or any resistance in our proposal so that we could change `em at that point and adapt some of those things. We went to Motley Cow, um, the owner was very supportive. Artifacts. We talked to Wally at John's Grocery. Lot of these people were very positive with the, uh, context of the building. So were very support so we kind of moved it forward at this stage. Hayek: Great. Any questions for Jessie (both talking) Allen: ...questions for me? Champion: I think this is really a nice design. Uh, and I like it a whole lot better than the last one, although I didn't have strong objections to it. But this is really great. Good for you! You listened! Throgmorton: I wasn't on the Council when that earlier proposal came up, but I know I said a few words, pretty much in opposition to it, uh, during a public hearing. Uh, so I really like what you're doing here but I wonder if...I wonder if I could get you to talk a little bit about ... you held a ... a neighborhood consultation meeting, didn't you, with ... with neighbors, I mean (both talking) wonder if you could say a few more words about what you learned from that, and then also I'm really curious about the rooftop terrace. You know, what ... what gave you that idea; why did you chose to pursue it, um ... what do you hope to do with it, you know, how's it going to be used? Allen: Well, we ... we learned, to answer your first question, at the meeting with the neighbors we learned that, you know, stepping back the building. Uh, I don't know if staff pointed that, but on the westerly boundary it's stepped back like five to seven feet, and as we go to the third floor where it's glass, we use that to kind of... so it doesn't overpower the pedestrians when you're walking down the street. So we use glass so it kind of blends into the, you know, third floor, but it's also stepped back probably a foot and a half to two feet with that third floor. It's just the tapering effect so that when you're a pedestrian or you're riding your bike down the street, you don't see a taller building because it is a sensitive area and, you know, a lot of the buildings and characteristics are out there. We want it to blend in. Also through the meetings we ... we kind of showed pictures of other buildings. We ... we pulled off some of the white, uh, from Pagalia's. Um, we gave `em kind of... different photographs so that they could pick different This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 34 architectural elements. We tried to introduce those to the site so that it would relate to other buildings in the area. Throgmorton: I ... I really like the ... how you're saying you were relating to ... your building, to the others in the area and trying to enhance the compatibility and uh, sense of shared identity, basically, through architecture, but could you say something also about the rooftop terrace? Allen: And then rooftop terrace kind of came abart ... a... kind of came a... came apart because it's never been done in Iowa City, and we thought it was a unique and special opportunity to try it out in this market where it would be supportive with the Northside neighbors, the Northside Market Place, and we ... we thought that'd be a good asset to the community to have, and would kind of ensure the higher value, the target market. You know, whether we're going one bedrooms or two bedrooms, you know, the market's going to determine what we build. We showed two renderings there. One floor one - bedrooms, one floor of two - bedrooms. We think the rooftop terrace will be attractive for long -term residents to stay there. Throgmorton: Thanks! Dickens: Having been to, uh, some people that have condos in Chicago that have a rooftop that they share with other neighbors, it's really a nice place where they can go, since you have limited yard space to ... to be able to be outside and in with the green space, I think is nice addition. Hayek: Any other questions for the developer? Okay, thanks, Jessie! Allen: Thanks. Hayek: Anybody else, uh, during this public hearing? Okay, I'll close the public hearing at this time. (bangs gavel) b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Dobyns: Move first consideration. Dickens: Second. Hayek: Moved by Dobyns, seconded by Dickens. Discussion? Mims: Nope! Nice adjustment! Hayek: Yeah, I think this is a ... a much better project, uh, it's been a long road, but I think what we're seeing is something that, uh, has been accepted, uh, by the neighbors and ... and has the endorsement of staff and makes a lot of sense for the area. Any This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 35 other discussion? Roll call, please. First consideration passes 6 -1, Payne, uh, recusing. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 36 ITEM 4e CONDITIONALLY REZONING APPROXIMATELY 7.79 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH DODGE STREET AND PRAIRIE DU CHIEN ROAD FROM MEDIUM DENSITY SINGLE FAMILY (RS -8), NEIGHBORHOOD PUBLIC (P -1) AND HIGHWAY COMMERCIAL (CH- 1) TO PLANNED DEVELOPMENT OVERLAY- COMMUNITY COMMERCIAL (OPD- CC -2). (REZ12- 00026) a. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Any ex parte communications to disclose? I just have a couple to disclose. Some months ago I met, uh, with the City Manager, uh, and the applicant and the applicant's counsel. We held a brief, er, a meeting, uh, where they showed some preliminary concept, uh, designs for the area in question, um, we had a conversation about the necessity to protect the adjacent neighborhood, few other things. Uh, that's about all I can recall, and then I had a brief conversation today with, uh, Andy Chappell from the County about the process to be followed and his, uh, participation in this from a legal standpoint. Mims: And a brief conversation with me. Hayek: Yeah (laughter) yeah! (mumbled) that's why we have these checks and balances (laughs) So, anybody else? Okay. Jeff! Davidson: Thank you, Mr. Mayor. Uh ... the, uh, applicant — HyVee Stores Inc. — uh has requested four specific actions leading to development of a new north Dodge, uh, HyVee on the site of the former Roberts Dairy. The dairy was in place since the 30s and ceased operation a couple of years ago. Uh, there's request for both a Comprehensive Plan amendment, uh, a rezoning, uh, preliminary plat, and vacation of street right ... right-of-way, and we'll talk briefly about all of those. Here's an aerial view of the site, uh, currently, and it consists of not only the, uh, the dairy property, but also some public property owned by the City of Iowa City in ... in this area and we'll talk a little bit more about that. Uh ... has ... has in the past had as much as three uses, uh, all of those are proposed to go away, except for the communications tower which we're still in some negotiation about whether or not that will, uh, stay or go, but for the time being it is proposed to remain in place, uh, with the proposed HyVee store. Uh, just a couple of other images, here's the, uh, site exhibit. Uh, the vacation would occur in this area here, and I was informed today that this is ... there may be some references to St. Clements Alley. It is actually officially St. Clements Street, um ... to the south of Dodge Street it's St. Clements Alley. Uh, this portion of it, which goes right through the middle of the site, is what is proposed to be vacated and a new, uh, access, public access, uh, to ... there are nine residences, uh, back in this area, uh, would come out to Prairie du Chien Road and provide access in and out, and quite This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 37 frankly we think probably better access, uh, in and out than right now, having to mix with the trucks, uh, in the ... on the dairy property. Uh, we've worked with the applicant in particular over the, um, adjacent neighborhood concerns. As you're all aware, uh, this area over here is a, uh, well established older neighborhood. You see here a proposed, uh, layout of what it would look like. The convenient store property, the gas pumps, the main parking facility, and then the HyVee store, uh, proper. The area where the communications tower is is over here, uh, I think the site plan ... yeah, the site plan shows right here where it would remain. In particular I thought this was a particularly good shot, because the ... the buffering in this area here was a... a big concern, uh, of the neighborhood and what we've basically been able to work out is that there will be at least a 35 -foot buffer, a vegetated buffer, S3 standard, which is a ... a standard, in that area, at least 35 -feet, and where it is less than 35 -feet, it will be enhanced with a masonry wall in addition. So, uh, Planning and Zoning, uh, felt that this was a good, uh, good way to work out the ... the concerns of the neighborhood. You can also see that the orientation of the convenience store has been changed to face inward, so that the lights and noise and all that, again, is separated by the building here, uh, from the rest of the neighborhood. Uh, you will also note the parapet walls here on both this building and this building. That would be ... that would keep the mechanical equipment, uh, operating on top of the building... would... would buffer some of the sound. Uh, frankly some of the ... the neighborhoods... some of the neighbors in the area, uh, I think believe that there'll be less noise with this, compared to the dairy trucks running and the dairy operating. Uh, there may actually be an improvement, but we do feel like the applicant has done a good job of, uh, focusing it inward so that there's not the neighborhood impacts. Uh, you will also see the ... the planted area, and there's a small berm along, uh, Dodge Street, as well. We ... we think it fits into the neighborhood, uh, here's another view. Uh, you'll note... Throgmorton: Jeff, could you go back to that other view please? Davidson: Sure! Throgmorton: Thanks! Davidson: We are not proposing new mast arms to the traffic signals, but these are very elegantly looking. (laughter) Um, the, uh, the slide here is Dodge Street and you will notice the windows and the awing, trying to give it, you know, it...it is tough for grocery stores to provide windows cause they have so much stuff up against the walls on the inside of the building, but we do, again, appreciate the applicant, uh ... putting the windows and the awnings, to try and you know break up the ...the mass of the building and again, make it, uh, try and fit into the, uh, neighborhood a little well. Uh, you have a separate item on your agenda, the ...the item you have on consideration right now is the zoning. Uh, following the final reading you would have the plat, the vacation — I've just covered it all in one, but you do have, uh, separate items. Um ... see if there was anything else. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 38 While I'm leafing through my notes here, are there any questions, anything you've seen so far? Uh, oh, may I ... address one thing. The ... the Comprehensive Plan amendment, what we attempted to work out, uh, with the applicant, uh, is the ... the Comprehensive Plan amendment was deemed necessary because of the need to ... there is language in the Comprehen ... Comprehensive Plan calling for a Main Street -type commercial district, and we feel that working with the applicant, they have done enough to try and make this fit into the, uh, the rest of the neighborhood that we do not feel the Comprehensive Plan amendment is necessary. Our recommendation's basically that it is consistent with the Comp Plan. So that's why that's been removed from the recommendation because we do not feel that that is necessary. There are sensitive areas in the, uh, northwest corner of the site that will be used for storm water detention and uh, that will be worked out at the site plan stage, administratively. Uh, as I mentioned, the plat will be considered after your third consideration. Uh, the vacation of the street, we covered, uh, St. Clements Street and the establishment of the new street. We covered that. Uh, I did want to mention if ..if you, in your materials that you received, uh, the ... the uh, Planning and Zoning Commission, um, staff report does not include all the conditional zoning conditions that were eventually agreed to. If you ... if you go down to the memo from Bob Miklo, uh, just real quickly. A buffer area, uh, that we outlined, that I showed you would be required. Uh, there are restrictions in terms of signage, again, to make it fit into the neighborhood; limitation on the number of freestanding signs, uh, there will be some monument signs in addition. Uh, quality design according to the images that you see here, uh, preservation of as many trees as possible, and then the screening, uh, called out, that will be called out in the site plan. Uh, construction of a bus pull -off, uh, landscaping consistent with the plan that you see, and then the parapet walls on the buildings that ... that I outlined. Those are the conditions that will be, uh, required, uh, if approved. Are there any questions? Payne: Can you go back one slide? Yeah, to this view. Um ... I have a concern about traffic in the entrance, um, kind of halfway in between. I live over by the First Avenue HyVee and it's ... (both talking) yes! It's really hard to get in and out of that store because there's just so much traffic in that entrance. Is this entrance going to be straight across from St. Clements Alley? Davidson: Uh... Payne: Or is it going to be off -set? Davidson: I can't tell. (unable to hear person away from mic) It is offset. Now we have ...do have arterial street requirements for offsets of at least 125 -feet, so that we don't have the ... the problem that you're, uh, talking about. Overall there is a reduction in the number of access points. Uh, we worked with the developer on that, and ... and one thing I would, uh, note, Michelle, is especially on the Prairie du Chien Road side. They had an access point much closer in one of the earlier, uh, drawings we saw. It's now been pulled back to here. We think in terms of This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 39 preserving the, uh, the operation of this intersection, that these access points will ... will work well. You also have the center turn lane on Dodge Street, which will get the turning traffic out of the traffic stream. So, our Transportation people that have looked at it do think it's a workable traffic flow system here. Payne: I'm kind of skeptical, because of past experience. (laughs) Dobyns: Jeff, can you go back to the aerial, a few slides back? Um ... what's going ... there. What's going to go north and east of the future grocery site... site where the current grocery is? Is there... Davidson: Oh right here? Uh, that is uh, or excuse me, right here (both talking) Dobyns: ...once it's vacated. Any plans for... Davidson: Here? This one? Uh, that is a privately owned building that HyVee leases, is my understanding, and we ... I ... I have not heard any speculation of what would happen to that. It would obviously be available for, uh, someone to reoccupy or for it to be redeveloped. Dobyns: Okay. Champion: The only thing that I'm concerned about, oh, sorry! Lost it! (laughs) (noises on mic) The only thing that I'm concerned (several talking and laughing) All right. It's not pick on Connie night! (laughter) Um, when you get to the final plat and all (mumbled) I don't object to the rezoning and all that; whatever we have to do. But I am concerned about the lights, cause HyVee's opened 24- hours -a -day. That gas station's probably going to be open 24- hours -a -day. I'm just speculating, don't know that for sure. And what about the lighting, uh, bleeding into that neighborhood or... Davidson: Yeah. We do have lighting standards to deal with exactly that issue, in particular in... in residential areas. It's very specific and that, again, would be handled at the site plan stage, administratively, but our folks down in HIS, Julie and Jann, they're, I think, very good at scrutinizing that. Champion: Okay, great! Okay. Hayek: S o l ...this is probably a dumb question, but I just want to make sure that ... that the CZA reflects what Planning and Zoning approved. Davidson: It does specifically, yes. Hayek: Okay. And that these concept drawings we're seeing, were they what they approved or were they developed (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 40 Davidson: Yes, those are concepts (both talking) until the site plan's approved, the building permit is, you know, we don't know for sure but ... but that is the concept, yes, and the ... and the applicant's present. You can ask them if there's any variation that they have planned. Dickens: And the size of the store is how much bigger than the other one? Davidson: I apologize. I can't remember! (unable to hear person away from mic) The previous one is 35,000, the existing store, and this one would be 50,000. Dobyns: What size are the other ones, like in eastern Iowa City and... Hayek: You know what, if you're going to talk... Davidson: Would you like the applicant to step forward (laughter) and ... and speak as you continue your hearing? Any other questions for me? Throgmorton: Yeah, I do have a question for you, Jeff, um ... to ... to my eye the parking looks excessive, so would you comment on that? Davidson: I believe there is more parking than required. Again, the applicant may, um, may wish to address that, but we do not have, uh, upper limits in this particular zone. We do in the neighborhood commercial zone, but not in the CC -2 zone. Throgmorton: How many spaces above, uh, our minimum requirement is it? Davidson: Um, if we could have the applicant address that. I'm sorry, Jim, I don't know the answer. Throgmorton: Okay. Davidson: Anything else? Okay. Pugh: Good evening, I'm Mike Pugh. I'm here as Counsel for, uh, for HyVee Food Stores and as Mr. Davidson alluded to, um, the site has a lot going on, and a lot of things that will come before, uh, the City for review and ... and approval. The one that's before you, uh, this evening is the ... is the rezoning and the ... and the vacation of St. Clements Street or St. Clements Alley through the site, and... we'll also be, uh, have to go through the City for our subdivision, for OPD, uh, site plan, uh, review, and we've been before the Board of Adjustment, uh, for special exception, um, permits for ... uh,. both of our driveways — the driveway through the coffee shop as well as, uh, the driveway through the, uh, for the pharmacy, but what sort of has underlined all of those, uh, review in our discussions with the City and .... and those various boards and commissions is... is making sure this project is compatible with the North District Plan, as well as with the residential neighborhood that is immediately to the west of this, and also This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 41 to the north of this. Um, you know, I really want to thank staff, uh, for their efforts on this project because we have gone through a couple different plans, uh, with them but I think, uh, I think what you're seeing before you is a ... is a better project than what we started with and um, there are some things, um, about it that I think are pretty, uh, pretty attractive. The ... the main one, the one that we spent the most time on is in connection with the westerly boundary of the property, and this is the exhibit that you can see most clearly is the ... 35 -foot setback from Prairie du Chien Road, if you would sort of draw a straight line along that landscape buffer there, all the way from the northerly boundary to the southerly boundary, that's ... that represents 35 -feet and so in that area where the driveway, uh, encroaches within that 35 -feet, uh, it's just a small corner of the building, but primarily that driveway that goes through the coffee shop, in that area we have added a 5 -foot masonry wall and the ... the ordinances require one of two things when, uh, for a project like this in terms of screening. One is landscaping through the S3 standard, or the installation of some sort of masonry wall, and sort of what we've done here is combine the two of `em. Uh, so and I think ... I think what we're ending up with, uh, you can see on some of the ... the drawings and stuff will be a very attractive, uh, streetscape, uh, both along Dodge Street and Prairie du Chien Road. Other things that we've worked on in terms of preserving the, uh, existing trees and the sort of the northeasterly, um, area of the property, uh, we've agreed to put some arbor vitae along the northerly boundary of the new St. Clements right -of -way to act as a buffer, um, between the project and the residential neighborhood. Mr. Davidson re ... uh, referenced the parapet walls, both on the convenience store and the ... and the actual, the main building itself in order to eliminate noise, and all of those things sort of resulted from our discussions, not only with staff but, uh, the neighbors that spoke at, uh, at Planning and Zoning and input from the Planning and Zoning Council so what you have before you, I think, is a ... is a very good project, uh, a very attractive project. Um ... the Conditional Zoning Agreement, uh, directly mirrors what the recommendations of the ... of the Planning Commission, uh, recommended. That has been signed now by HyVee Food Stores and ... and by the property owner. Um, this is something that staff supports, it's something that Planning and Zoning support by unanimous vote, uh, Board of Adjustment voted unanimously to support our pharmacy drive - through, as well as the coffee shop, uh, drive - through, and we'd certainly ask for your support as well. Uh, Mr. Hosch from HyVee Food Stores drove over from Des Moines, uh, tonight and, uh, so I'm going to let him, uh, speak, um... say a few things, and also our engineer, uh, is here from, uh., from MMS Consultants, as well. Thanks! Hayek: Thanks, Mike! Payne: Can I ask you a question real quick? Pugh: Sure! Payne: So where in this drawing is the drive - through for the pharmacy? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 42 Pugh: If you look, uh, at the main building there, there's a ... toward the northerly portion of that building. I don't know if you can see the cars there or not. (several talking away from mic) Right in here. That's the pharmacy drive - through. It's a one- lane, uh, drive - through, um, just for pharmacy use ... uses, not for ... not for the grocery store. Payne: So would there be a place where you ... where the, where they load and unload, or load your groceries too? Pugh: No, that ... there's one like that down on Waterfront, but this is just a one -lane, uh, drive for the... for pharmacy uses. Payne: Okay, and then on the convenience store, the coffee shop, the drive - throughs in the, I'm going to call it in the back, but it's behind, like over towards Prairie du Chien. Pugh: On the northerly, uh, portion of that building, right. You come in, uh, from the ...from the drive area and then ... right at that location there where we think the headlights will be facing westerly is where the masonry wall will be. We think will act as a nice, uh, a nice shield there and then you would exit, uh, going south from that location. Payne: Okay, thank you. Champion: I don't care where it's at but... now... oh, yes. Now ... if the pharmacy is going in front of that building, right? The pharmacy drive ... drive-through is in the front of the grocery store? Is that what you're telling me? Where's the ... where do people go into the grocery store at? Pugh: Well there's a ... there's actually a couple of different entrances. There's one... sort of in that location, and I don't know if we have a... a better shot of the elevation but there's one in that location, plus there's one south of there. Yeah, you can kind of see it from this ... if you see ... (both talking) if you see the HyVee sign... Champion: Yes, right. Okay. Pugh: so that would be the main entrance to the store, and then there's actually another location ... you can see the drive - through, uh, it's kind of have a ... has a covered roof to it. There's another location just to the left of that. Champion: (both talking) I understand now. Thanks! I couldn't get the perspective on that, just that little drawing. Yeah, okay. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 43 Dobyns: this configuration reminds me. On my side of town on the west, Mormon Trek and Westwinds where you have, um, Fareway Grocery Store. It's a very similar configuration to over there. Now there's a traffic light on Mormon Trek where there is not one here on Dubuque but uh ... um, on Dodge. But I ... I assume, Jeff, if you go on Prairie du Chien there's an alternate area of access and I think it's, well on schematic. Was that in ... I'm sort of thinking that on ... like when you try and go into Fareway, you don't have to try and get off Mormon Trek. You can go onto Westwinds and you can get to Fareway... Davidson: Right. Dobyns: ... on the backside, without having to take a left turn against traffic, across traffic, and it seems that you're able to do that if you go down Prairie du Chien Road rather than at that corner that Michelle mentions, um, where there'd be so much traffic on Dodge Street. Is ... is that sort of designed that way or is that... Davidson: Um, yeah, I mean we would expect this to be the principal access in and out, uh, and this to be the ... those to be the two main entrances. This one would a little bit more direct. Um, you know, we do feel like, you know, when we looked at the traffic situation here, between this traffic signal and the traffic signal that's down at, uh, Scott Boulevard, we think there's good gaps in the traffic stream in ... in this area. Um, it's not planned right now, it's not out of the question that if traffic volumes were high enough, Conklin, where the old store is, could possibly have a signal, but even with the two existing signals, there's good gaps in the traffic stream for turns off of, uh, Dodge Street at that location. Dobyns: But even if you don't want, you can still ... coming from the center of the city, you could take a left on Prairie du Chien (both talking) exit on Dodge Street basically. Yeah. Davidson: Yeah. I mean, when you're exiting and making a left... oh no, you were talking about making a right and going back into town. Yeah, that (both talking) Dobyns: ...would be easy. Davidson: Right. Any other questions about traffic flow or anything like that? Uh, Jim, while I was sitting there I did count parking spaces and I ... I had just around 100, 101 it looked like —110, something like that. Uh, again, I apologize I don't know how that compares to the requirement, and that's not a specific number until the site plan comes in. That's when it's determined exactly, well basically that they meet the parking requirement. That's where that's ascertained. Throgmorton: Okay. Hosch: Hello, my name is Pete Hosch with HyVee Corporate Offices in West Des Moines, Iowa. I'd like to thank the Council for considering our agenda items this This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 44 evening, and also like to thank and complement City staff for working with us throughout this process. I think we've come to a point where our site plan has improved considerably, uh, as respectful of the neighborhoods on the north and to the west. I think the orientation of the convenience store has come a long way from our original proposals and uh, we've addressed the traffic issues that you've been discussing this evening, have improved substantially relative to the existing curb cuts that are there today. We've diminished those numbers and circulation of the site overall works quite well, um, we feel that it actually works much better than our existing facility. Uh, we feel that this is an opportunity for HyVee to maintain a presence in this area of town. We've had our facility, uh, at its current location for just over 30 years. Uh, the existing configuration of that building and the size of... and the constraints of the site don't allow us to expand that facility to, um, add the amenities that we want to add to this neighborhood. Roberts Dairy came to us with this opportunity. We felt it was a great, uh, chance to redevelopment what is probably an inappropriate use within a residential neighborhood, and uh, allow us to maintain a presence here, add the services that we want to, uh, add, additional amenities for our customers, and continue to ... to have a presence within this area of town. Uh, I can speak to any of the issues that you've raised today. Uh the lighting will be addressed. We'll do full photometric plans. We actually use much lower light levels on our convenience stores than many of our competitors. We don't feel that it's necessary. Also the orientation of the building will help with that, but obviously photomatic ... photometric plans will be submitted to the City. Uh, we're usually up against scenarios where they require no more than one candle of light to be emitted off the site. That will be more than likely the requirement here and we're more than able to, uh, complement that or accommodate for that. So we don't foresee that being an issue. Question was raised about parking. Uh, from a ratio perspective, uh, I believe it's closer to 200...215 stalls that are shown on site here. From a ration perspective is how we look at it. Uh, this facility is going to have a similar ratio to the facility that we're ... we're going to be exiting. Uh, we feel that that's necessary and appropriate, due to the added amenities that we're going to have here, with more of a restaurant -focus within the facility, more service departments within the facility, that both drives our customer base and also drives our employment to really, uh, need those additional parking stalls, uh, it's a ... it's a ratio that we really strive for in all our facilities. It's not uh, it's generally consistent with most municipal codes. I think Iowa City does have a little bit lower number, uh, but nothing to preclude you from adding additional spaces. Uh, we do typically in the summertime do outside garden centers, which takes up a por... a portion of the parking. Uh, grocery chains are really a peak period parking, uh, type use, so we really need to focus around our ... our peak periods, which are the holidays and utilizing some of that space, again, for the garden center that affords us that opportunity. We also see with the added amenity of the bus stop, a lot of times we'll see customers using our parking lot to some extent for their travels, uh, with the bus stop and we don't want to preclude that in any way with a little additional parking we're allowed, or afforded a little bit more opportunity to provide that service. So, um, I can answer any additional questions This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 45 you have. Uh, I just want to say we're really excited about this project. We think it's a great redevelopment opportunity and we're looking forward to, uh, continued presence within this area. Throgmorton: If.. if I could ask you a couple questions. First of all I'm very pleased to see that HyVee is reinvesting in the northern part of Iowa City. It's important for us to have a good quality, um ... um, grocery store in that area, so I'm very pleased about that. Uh, I ... I am curious about, um, the ... the gas station. I'm wondering if, um, if you intend to provide electric charging stations as part of that? Hosch: You know we ... we've done it, uh, at our stores, urn ... we do have one instance where we've done it at a convenience store. I think the nature of that business, um, with the technology that exists today, it's probably less of an appropriate use. I think until we get quicker charge, uh, stations available, I think it's, you know, you're just in and out of a convenience store. We do quite often provide those within our ... our food store parking lots, and we'll look at that opportunity here as well. I anticipate that we'll probably seek, uh, at the very least what we'll do, uh, items within this development that would allow us to ga... gain LEED certification. We've got a couple stores that have, uh, met the LEED certification requirements. Those requirements are really changing so often for retail that, uh, we're really just applying the standards to our developments, not always seeking the actual certification, because it is an onerous documentation process, but from a construction perspective, uh, it's redevelopment property. We've got, you know, access to ... to public transit. We think that it's going to meet a lot of those standards, and one of those elements that we ... we add to ... to locations like this that are seeking that certification would the electric charging stations. I think it's more appropriate for the grocery store use, rather than the convenience store to date. Throgmorton: Uh -huh. Uh -huh. Thanks! Hayek: Thank you. Champion: Well congratulations cause that's my least favorite HyVee store in town (laughter) is that one you're moving. Hosch: We've been contemplating what we can do for a long period of time, and this was, uh, the perfect opportunity! Hayek: Are there any more questions for the (both talking) Dobyns: I did earlier. What's the relative size to the other two Iowa City HyVees? Hosch: Yeah, and that's ... catch me off just a hair. The most recent one, which I think is we ... we call it Iowa City #1, but it's Water ... is it Water front? Is about 90,000 square feet and I would say our west side, or I'm sorry, our east side location This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 46 should be about 65,000 square feet. Our Coralville store would be about 65,000 square feet, and that one's going to go up to about 90. The existing store here is 30 to 35, and this one ... right now the site plan's 51,7 ... 51,700 square feet so smaller than anything we've got in existence and substantially smaller than what our ... our typical store is, uh, when we have more land afforded to us. Hayek: Thank you. Hosch: Thank you. Hayek: This is a public hearing. Is there anyone from the audience who wishes to weigh in? Okay, I will close the public hearing at this time. (bangs gavel) b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Dobyns: Second. Hayek: Moved by Payne, seconded by Dobyns. Discussion? Mims: Just glad to see, uh, this opportunity to redevelop that property, ever since Roberts Dairy closed been very concerned about what we were going to see happen out there and, you know, something positive for the neighborhood. I don't live too far away so I'm in that store (mumbled) that they see me every day (laughs) it's not quite that often, but close sometimes, and uh, to have a bigger facility that will, I think, give better service to the people who live on that north side, um, I think will be a real positive and then I think we'll look to see what happens at the current location. Payne: I think this is a great enhancement for that area, that corner. I am concerned about the traffic. I think with the bigger store, it's obviously, I mean, you hope to have more customers in the store, so there's probably going to be more traffic than there is today. So that is something that is concerning to me, um, but obviously this is a great improvement for ... for what's there currently and it ... I will support it. Hayek: I know this, uh, area probably better than any other place in town. I spent my entire youth riding my bicycle through, uh, Hometown Dairy's parking lot. Uh, I know it like the back of my hand. I was there, uh, playing in the hole when the current HyVee was being constructed, before they cared about keeping kids out of such places, and I was there the day it opened. Um ... uh, and ... and we do need a new facility in that area. You know, I saw the original concept, uh, plan. I think this is a ... a great improvement to it. I think it's a good idea to orient the convenience store to the east. The only thing that gives me a little pause, um, is... is that it encroaches within the 35 -foot, uh, setback, uh ... I hope that the mixture This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 47 of. ... of landscaping and masonry wall gets the job done there. I think it will. It's not enough for me to, um, to ... to oppose this, and this was something that ... that Planning and Zoning looked at and supported and the neighborhood, um, had a role of course at that stage and, uh, weighed in and has obviously chosen not to be here this evening, and so um, that's the only thing that gives me a little bit of...of pause. Otherwise I think it's a strong design, urn ... and I think it's a great addition to this area. Dickens: I think the ... your question of traffic coming off of Dodge Street. The visibility is actually going to be better at ... than it is currently because when you come out of that one parking lot, looking down the hill, a lot of times you don't see the traffic coming up, that's coming up at 45, slowing down to 35. This area's ... is 35 going down to 25 in that particular area. I also live in that area and I walk up, and it is going to be another half a block for me to walk (laughter) which most people think I could use. I ... I'm very appreciative that you're doing the investment up here and I hope the property next to you has something exciting too happen to it. So ... thank you. Hayek: Further discussion? Roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 48 ITEM 4g CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.02 ACRES OF LAND LOCATED ON 1ST AVENUE NORTH OF ROCHESTER AVENUE FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL(RS -5) TO LOW- DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ12- 00025) (PASS AND ADOPT) Champion: Move adoption. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Any ex parte, uh, between the last reading and this reading? Mims: No. Hayek: Okay. Any discussion? Anyone from the public? Roll call, please. Item passes 7 -0. Now getting out of the Planning and Zoning, uh, items, uh, at two and a half hours in! (laughs) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 49 ITEM 5. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FAIRMEADOWS PARK SPLASH PAD PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh, this will be located at the Fairmeadows Park, uh, located at 2451 Miami Drive in Iowa City. Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Dobyns: Move the resolution. Payne: Second. Hayek: Moved by, uh, Dobyns, seconded by Payne. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 50 ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEN BY A COMPANY; REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR CORALVILLE CITY LIMITS AND ALLOW FLEXIBILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT NEW COMPANIES TO STARTING JUNE 1 OF EACH YEAR; CLARIFY LANGUAGE REGARDING VEHICLE LETTERING, AND REQUIRE DRIVER IDENTIFICATION TO BE POSTED IN THE VEHICLE FACING THE PASSENGERS. (PASS AND ADOPT) Payne: I would like to move adoption with this change, that we remove the requirement for a distinctive color scheme for all vehicles driven by a company at this time. Throgmorton: Second. Champion: I thought we were just deferring it til the Stn Throgmorton: We were gonna... Mims: Yeah, defer it to January Stn Payne: Defer, okay... (several talking) Hayek: ...amplify it... Payne: Instead of at this time, to defer that to January 8th. Thank you. Throgmorton: But it's ... it's pulled from this particular (several talking) Payne: Want me to restate it so it's clear? So we wouldn't remove (several talking) for a distinctive color scheme for all vehicles driven by a company and defer that to our January 81h meeting. Champion: Second! Hayek: Okay, moved by Payne, seconded by Champion. Again, the motion is to pass Item 9, but remove the section regarding, uh, dis ... a requirement for a distinctive color scheme, um, and uh, defer that until our meeting on January 8th. (mumbled) on that. Okay. Discussion? You'd like to weigh in from the public? Doderer: Hi, my name is Dennis Doderer. I'd like to thank the four Members of the City Council for listening to Chris, uh, Cutkomp's and my objections to this and I'm This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 51 glad you're deferring and if there are, uh, any other of the ... the three other Members of the Council would like to speak to us we're available and we'd like to talk to you about it and we're gratified that you've listened and thank you very much! Hayek: (mumbled) for your comments. Anyone else from the audience? Council discussion? This is something we discussed at our ... at our work session. Mims: At length! Hayek: At length! Uh, roll call, please. Item passes as amended, 7 -0. Karr: Accept correspondence. Mims: So moved. Dickens: Second. Hayek: Moved by Mims, seconded by ... Dickens. Discussion? All those in favor say aye. Opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 52 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN CHICKENS. (PASS AND ADOPT) Mims: Move adoption. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? Throgmorton: I would like to move to amend the resolution to have... Champion: No, no! No! No! (several talking) Hayek: You're still on the, uh, on the... Throgmorton: Oh, I'm sorry! Excuse me (several talking) I'm wrong! Hayek: These, we've ... these items .... as we have for several meetings now, we've got, uh, two, uh ... um, items relating to this issue. They ... luckily are actually in front of each other, or next to each other on ... on this agenda. If anyone would like to weigh in on either issue, um ... well actually let's ... let's, you know what, let's not do that. Let's say that if anyone wants to weigh in on permit, uh, process, which is Item 10, uh, you may do so now, and we'll reserve public comment for, uh, the actual policy for Item 11. Would anyone like to weigh in on this Item 10? Okay. Any Council discussion on this? Champion: Can we just adopt it? (laughter) Hayek: Roll call (laughter) Uh, Item ... Item 10 passes 5 -2, Payne and Dickens in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 53 ITEM 11. CONSIDER A RESOLUTION ADOPTING AN URBAN CHICKEN POLICY. Hayek: Do we want to get this on the floor... Champion: Oh, move adoption! Mims: I thought he was going to (several talking) Hayek: Moved... adoption moved by Champion. Seconded by? Mims: Second. Hayek: Seconded by Mims. Discussion? Throgmorton: Yeah, so I ... I'll now take my oppporutnity to move that we amend the policy, or the resolution actually, to have the section titled "Neighbor Consent," which one might call the `veto provision,' automatically expire after two years. Dobyns: Second. Hayek: Moved by Throgmorton, seconded by Dobyns. Discussion? Mims: I'll support that. I think that gives us a couple years to see how this works and, uh, the Council can always put that back in if they really feel it's needed, but I think with any other kind of zoning issue and those sorts of things, we don't normally have neighborhood veto, or neighbor veto opportunities, so... Payne: I absolutely will not support the veto, taking the veto out after two years. I think that if we have good... urn ... progress with this, that ... we can take it out at that time, but I think it should remain in there. Um ... forever if need be. Hayek: Yeah, I'm not willing to support it either. I ... I ... I'm not aware of other instances where ... where we sunset, um, what we do, other than TIF projects (laughter) and ... and it's ... it just seems to me that, um, any Council, whether it's this Council in two months time or another Council in ... in two years time, uh, can take this up again. And I ... and I ... I'm just not comfortable sunsetting things, um, when ... when we pass them. I think it's appropriate for the then current Council to ... to decide whether to work session it and revisit the issue. So... Dickens: Same. Hayek: Any further discussion? All those in favor of Council Member Throgmorton's motion say aye. Opposed say nay. Appears the nays have it, 4 -3, so the motion This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 54 fails. So we're back to the, uh, resolution that's on the floor, um, is anyone from the public interested in weighing in? Okay. Uh, Council discussion? Payne: I think that, uh, a couple weeks ago ... uh, Mr. Dobyns made the comment that he was voting for this, not for the chickens but for the people, and I think, um, in this policy we have the veto and that is in the policy for the people that are opposed to this. I have only talked to one person in this community that was neutral towards this. Every other person is against it. So I believe this is a protection for those, that huge majority, that is against it. Champion: Well, I'm not so sure there's a huge majority against it. Maybe the people who talk to you were against it (laughter) and what does that take, 9 or 20? I mean, that's my favorite question — how many people does it take to convince you that it's a majority (several talking) but I'm not going to support it without the veto either. Throgmorton: But there ... so there is a veto. Hayek: There is a veto. Throgmorton: So that means you are going to support it, right? Champion: Yeah! Throgmorton: Yea. Hayek: Yeah, let's be clear what's ... we're voting on contains the neighbor consent. Dickens: ...means you're voting for the veto. Hayek: Well I ... I'll support this ... this has taken too long. It's been an arduous process. We want to move on. I think we have an opportunity to give this a shot, um, I'm supportive of it for the reasons I've stated on several previous occasions, um, it is a more conservative approach to this issue, uh, but I think that accommodates, uh, much of the opposition that we're talking about, and we can always revisit this in the future. And ... and this gets us in the door. It allows us to ... to move forward and... and uh, pass something that will allow for this and allow our residents to, uh, take advantage of it. Any further discussion? Throgmorton: I ... I don't think we need to have the veto provision in it, so... Hayek: Uh... Dobyns: Neither do I, but I think it's time for this chicken to cross the road! (laughter) Champion: Yeah, me too! (laughter and several talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 55 Hayek: I think you sit around thinking up one - liners (laughter) cause you're good for one or two or three of them a night! (laughter) It's good! Any further discussion? Roll call, please. Was that 7 -0? (several talking) Champion: Voted for the chickens? Dickens: Voted for the veto policy. (laughter) Dobyns: Cause now that it's law they want a policy! Champion: That's two surprises you've given me tonight! Hayek: Item 11 passes 7 -0. Uh, and thank you to the public, many of whom have, uh, been here on repeated occasions for your involvement. (several talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 56 ITEM 12. CONSIDER A RESOLUTION RECOMMENDING A SHARED VISION FOR THE FUTURE PLANNING AND DEVELOPMENT OF THE IOWA CITY COMMUNITY SCHOOL DISTRICT AND THE CITY OF IOWA CITY. Payne: Move resolution. Dickens: Second. Hayek: Moved by Payne, seconded by ... Dickens. Discussion? Throgmorton: Matt, do you want to elaborate a little bit on this? Hayek: Well yes, uh, the ... this resolution, um, was ... was started by staff. I ... I helped work on it and ... and others were involved as well. It ... um, I ... I think it's a prelude to the City Council, um, being able to weigh in on, uh, the important RPS or revenue purpose statement vote that will be, um, taken to the taxpayers in, uh, early February, um, and it identifies what we believe to be important for the School District and for the community and for the entire region. Um, and is, uh, consistent with earlier communications that we have provided, uh, to the School District concerned what we believe are issues of mutual concern, um, and it talks about, uh, the importance of equity and balance within our public school system, uh, and the role that the School District and that the City ... each play ... plays with respect to neighborhood and respect to, um, balanced growth throughout the district, um, I think uh ... uh, this communicates our, uh, desire to be ... to be part of, uh, the ... the conversation. We ... we engage in regular and I think productive, uh, communication with the School District. This is intended to ... to, uh, continue that, um, and it authorizes the (away from mic) City Manager to continue that communication on behalf of the City with the School District. Champion: I ... I really like this. I think it's pretty much to the point and I mean, I've been talking to the School Board for at least seven or eight years now about the inequities in buildings in the Iowa City Community School District, and I know this Council has also been very involved with letting the School District know about some of their ... that we think are inadequacies to Iowa City. So I really appreciate your writing this and I totally support it, and thank you so much ... whoever all wrote it. Throgmorton: I ... I would agree with Connie. I'm enthusiastically supportive of this resolution. I think it's an important thing for us to do. I appreciate, Matt, uh, taking the initiative to, uh, conjure it up, so thanks for that, Matt, and I'm very conscious also that the School Board has before it tonight, I don't know whether they voted or not, on a related policy that, uh, it's not identical but it's related, and uh, I'm hopeful that they will take a positive action on it. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 57 Hayek: Further discussion? Dobyns: And as a, the one member of this Council who's a West High dad, um, I like the fact that there's, uh, consideration of, um, an additional public high school, you know, given the other concerns mentioned. Um, I think that's very reasonable from a symmetric point of view. Hayek: Roll call, please. Item 12 passes, uh, 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 58 ITEM 13. CONSIDER A MOTION SELECTING THE TOP TWO OR THREE DEVELOPMENT PROPOSALS FOR THE NORTH EAST CORNER OF COLLEGE STREET AND GILBERT STREET, DIRECTING STAFF TO BEGIN NEGOTIATING A DEVELOPMENT AGREEMENT. Payne: I have to recuse ... again. Hayek: Council Member Payne will recuse herself due to the MidAmerican, uh, facility on the site in question. Mims: I would move that we, uh, select as our three top proposals, um, The Chauncey, Chauncey Gardens, and 4 Zero 4. Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? For those of you who, uh, are watching or listening, we had a ... a long discussion at our work session earlier today where we, as a Council, decided, uh, to drop two of the five, uh, applications, uh, from consideration and we're proceeding with the three that were mentioned. Uh, and we've directed staff to come up with, uh, to do some additional background work and information collecting and come back to us with, we're going to call a decision - making matrix, which will help the City Council narrow the list from three, uh, to a smaller number in January. Anything else to add to that? Dobyns: (mumbled) formal request to take a look at, uh, the shadowing that would occur from the buildings, as well. Throgmorton: Yeah, Matt, I'd like to say a few things if you don't mind... Hayek: Yeah, and there may be people from the audience who want to weigh in as well. You ... you can go ahead and say `em now (both talking) Throgmorton: Yeah, okay, so urn ... one of the things I said during, uh, our earlier work session is ... basically is that, uh, we have to keep our baseline alternative in mind, and by baseline alternative I mean that which would be ... would probably be produced on that site, if, uh, we just rezoned it to CB .... 5, I guess, and ... and ... and sold it to a willing buyer and had that willing buyer develop it, uh, as the market calls for. It probably would be a five story building with commercial space on the first floor, and more than likely student apartments on the next four floors. But it would also generate property tax revenues from the get -go. So it's ... it's really ... I did a little bit of math on this and it, uh, became pretty clear to me that over a 15 -year period, that project would generate, uh, roughly $6 million more in property taxes than the Ryan Iceberg project would do. So I had to ask myself, what ... what would we get by ... uh, choosing to retain Ryan Iceberg as one of the alternatives, even This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 59 though it's five stories and lots of people in the community expressed a ... a real interest in, uh, a building of that height. The answer is not much! So, but we have to keep in mind that that baseline alternative always is available to us, and we have to compare all the ... the remaining three alternatives to it, and ask ourselves what are we getting above and beyond that baseline alternative, and what are we paying for what we're getting. Is it worth it? Ultimately that ... that's the question we have to ask, and ... then, uh, I also said something about how we have to think pretty hard about what we really value and, uh, very briefly two things I said I value a lot, and encouraged us as a Council to think about, are the architecture and urban design of the preferred project. I think that they need to be of very high quality, and the other thing is sustainability. I think we need to think clearly about the long -term sustainability of the building, uh, and its relationship to, uh, the surroundings of Iowa City. So, I value those a lot, so anyhow ... there we go! Hayek: And to reiterate... I'm glad you brought that up, that we ... we are, uh, we are going to arrange for, uh, shade studies. Uh .... of these, of the three, uh, finalists, uh, input from our friends at Trinity Church and others that ... that was an important thing and I think we concurred, uh, that ... that it should at least be looked at, uh, and considered, and then I want to reiterate that the three, uh, that... that are selected, uh, pursuant to this motion have not been ranked. Um, and that was deliberate on the part of the Council at this time. Okay. Anything else? All those in favor say aye. Opposed say nay. Motion carries 6 -0. Karr: Motion to accept correspondence. Champion: So moved. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Those in favor say aye. Opposed say nay. Motion carries 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012. Page 60 ITEM 17. CITY COUNCIL INFORMATION. Hayek: Start down with you, Jim. Throgmorton: I want to mention one thing, uh, on the 13th I ... I was lucky enough to attend another, um, wonderful concert by the Community Choir out at Oakdale Prison, and ... my wife, who's sitting in the audience here, is one of the singers, one of the community members, and she, uh, with other community members sang along with inmates under the superb direction of Mary Cohen, Associate Professor of Music, uh, at ... not music, well anyhow ... at the ... at the University. It's a great, great event; great activity; praise to all the singers and to Mary Cohen in particular. Champion: Nothing! Mims: Nothing. Dickens: Have a great holiday season. We're supposed to get our first snow tomorrow, so drive carefully if you're traveling somewhere. Payne: I echo your comments and maybe we can go skiing! (laughter) Champion: How about just sledding? Mims: Tear up your knee again? (laughter) Hayek: Yeah, not you! Throgmorton: What's the deal with that? Hayek: Any comments from the good doctor? Dobyns: It's always wonderful to sit next to our City Manager! (laughter) Markus: Likewise! (laughter) Dobyns: Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of December 18, 2012.