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HomeMy WebLinkAbout2015-09-01 TranscriptionPage 1 ITEM 2. PROCLAMATIONS 2a. Suicide Prevention Week — September 7-13 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Jay Capron representing the Crisis Center. (applause) Capron: So tonight I'm wearing my Crisis Center hat and, uh, for those who don't know, I'm the new Communications Coordinator at the Crisis Center. Suicide is something very important to ... to me in my life. I lost a cousin to suicide. Uh, my wife also lost a sister to suicide, and I know that there's a lot of people that are affected by this. So I thank you for helping to get it out and we're thanking not only Iowa City, but Coralville and Johnson County Supervisors, North Liberty Super, uh, the North Liberty Council, as well, for speaking out and, uh, getting the proclamation out there. I also want to remind people that next week is National Suicide Prevention Week and that's part of the reason we had you read this. There's a couple different events that I want to make you aware of. There's a "Veterans Press 1" and it's a ... it's a very gripping movie. It's a awarding -winning documentary at the Iowa City Public Library and it's next Tuesday, a week from today. So if you'd like to see that we'd appreciate it and sp... help spread the word about that. It's about veterans dealing with PTSD and coming back from being overseas and ... and different places, and... it's... it's got a lot of acclaim and it's going to be screened 6:30 at the Iowa City Public Library, a week from today. And then also we have our "Out of the Darkness Walk" at the Crisis Center, which is coming up on Sunday, which is Sunday the 13`h, I believe, and that's going to be an opportunity for those who have been affected by suicide to get out and walk at Terry Trueblood, and it's a ... another opportunity to get out there. It's just one week out of the year where we put a focus on this very important issue, and I thank you for reading this. Thank you! Hayek: Thank you, Jay! Mims: (both talking) Jay! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 2 ITEM 4. COMMUNITY COMMENT Hayek: This is the, uh, time at each City Council meeting, uh, for members of the public to address the Council on items that are not on the agenda. So if you're here and you would like to address the Council on something that is not on tonight's agenda, we invite you to come forward, and our standard practice is to ask you to sign in, to verbally give us your name, and to keep your comments to five minutes or less. Gravitt: My name is Mary Gravitt and I'm here about bus shelters, for the outbound side of the Towncrest bus route. There's no shelter. The last shelter you get to is Old Capitol building, and you go all the way out until the bus makes its inbound turn on William and Wayne Avenue. There's no shelters. There's no shelters in front of the HyVee. I mean, on Muscatine itself. So that you see people standing with their walkers, waiting for the bus. And you don't know when the bus is ... it's good to have bus service, but we don't know what time the bus will get there. And ... also there needs to be a bus shelter on Kirkwood and Gilbert Street, cause people come down from the Crisis Center and ... wherever they comin' from and have to sit on the grass in front of the pet store or the ... whatever that is, something to do with cats. And then too ... on Lower Muscatine, why aren't there any curb cuts on the Kirkwood side? You changed the bus stop so that a person in a wheelchair or disabled person has to walk a block and a half before they can cross the street. And where that new bus stop is, it's very unsafe because the traffic light is below it and a road that you can make a -right into, it. - Now if you don't care anything about us as citizens, think about the Chinese! Our Governor loves Chinese. They buy most of our soybeans and hogs and corn. And I've seen those students. They go and they're texting, they don't even look up. So if you move the ... the new bus stop, back to the old bus stop where there's a curb cut that goes directly over into Kirk ... uh, to Kirkwood, and I don't understand about the curb cuts. The Justice Department was just down here about the curb cuts. Now I thought when a police organization warned you, you do better! But that road is new! And so that means taxpayers' money has to go back because there has to be by law some curb cuts, or your gonna end up just like the voting rights act. They did away with Section 5. They're gonna come back and watch you! Everything you do, you won't be able to move, cause they'll be watching you. Did you do this and did you do that, and I don't think that's necessary. And ... when is the ba ... the mall bus going back into Sycamore Mall? When you get off in front of the McDonald's, there's not even a curb cut there! If you want a curb cut, you have to go in the driveway and ... and be in competition with cars! Now, um, that's not necessary! And the thing I want to talk about, I've been complaining here for about two years, it's a bench between Dubuque and Clinton that sticks out into the walkway. Two people, if they're together, can walk by and the other people have to step aside. That bench belongs back to the curb. Because this person, whoever owns that business, they have their little outdoor thing, you know, their little outdoor restaurant, but ... but you brag about Iowa .... I hear this on the radio! (mumbled) WSUI, Iowa City is a walking city! How can you walk? You have to This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 3 step aside and let somebody by, unless you gonna have fistfights! Unless you gonna have a walking cop! But the mall route needs to go back into Sycamore, because Sycamore with that parking lot is very unsafe for a person (mumbled) trying, you know, you com ... competing with the cars. So this is the problem, and Eastdale's another problem, but that ... that's something else. And ... uh... finally, we're having, uh, the International Writers are here, and um, you know, I suspect you go to see 'em cause that's a lot of money that the Department, the State, and the CIA pay to bring those people over here. So I know like, you know, we're the City of, uh, whatever... the... of Literature, so that's a ... that'd be a good time to go and see them. But I'm really looking forward to my bus shelters and I'm really looking forward to those car ... curb cuts, cause I want to get across the street. Thank you. Hayek: Thank you for your comments. Craig: Hi, I'm Susan Craig from the Iowa City Public Library and I'm here to follow up on an email invitation you got and I think a brochure like this, and I'm going to leave'em in the back of the room so everybody here can pick one up. Um, we are kicking off on September 2001, nine months of musical programming called "Music is the Word," and we are ... partnering with the University of Iowa School of Music and the whole idea of the program is to welcome them downtown. We are so happy to have the Music School and all of the performances and all the people that it's going to bring down ... what? Literally three blocks from the Library. So we're having a ... lots of partnerships to kick it off and we are specifically, we have one ... ticketed event that you have to pay money for and it is at the Englert Theater at 2:00 on Sunday, September 20th. It's an old-fashioned variety show, 12 local acts have donated their time to be there, and we're trying to raise some money to help pay for the rest of all the programming. So, this calendar is for what we're calling "Season 1" which is September through December, and we'll have another calendar for "Season 2" which will be January through May. So if you've got ideas for Season 2, let us know! And another event that is coming up that I am very excited about is welcoming Brian Stevenson to town as part of the City of Literature's Book Festival, um, his book is also the One Community, One Book selection this year. The title of it is "Just Mercy." I heard Brian Stevenson speak about three years ago at a national conference and I was bowled over. I came back and I said, "We have got to get him to Iowa City!" We looked into it and it was too expensive. We couldn't do it, but with the One Community, One Book; with the City of Literature, with the partnerships going together and an invitation going from multiple agencies, his fee came down and it all came together. I am just so pleased that he is here! The Library is hosting a book discussion at 7:00 on Wednesday, September 30th, and I brought copies of the book, Book Club Kit copies, that Marian has for each of you if you would like a copy to read. Uh, and then he will speak ... that's our book discussion and we've recruited a couple people from the Law School to help lead that discussion, and then he will make a presentation the following Sunday as part of the Book Festival at the IMU and I predict the room will be packed! So those This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 4 are just two special things coming up that I wanted to make you and everybody else aware of. Jim helped, uh, we were ... we passed the baton, or the fan as it were, at Soul Fest as we were working at the City booth and helping to hand out fans, and I don't think that Jim could possibly have handed out as many as I because Geoff was with me, with his children (laughter) and who can predict, a beautiful child standing in the middle of the street handing out a fan. They couldn't! (laughter) Hayek: Thanks, Susan! Craig: Thank you! Olmstead: In case you don't know me, I'm Harry Olmstead. Um, I wanted to second the (clears throat) our Library (mumbled) push for the One Community, One Book. I serve on the, uh, Center for Human Rights at the University, who's the main sponsor of the program, and we hope that you'll take a book tonight and ... and get it read and enjoy (mumbled) one of our many discussions. (clears throat) (mumbled) cause I have two other things (laughs) Um, first thing is is our presentation on the, um ... inclusionary housing this evening. Um, I think it was a fine presentation. The only thing I would ask is two things. One, we don't exclude anybody (mumbled) housing. Those that are persons with disabilities or those that are elder adults should also have the right to inclusionary housing if they qualify. They may not qualify, but they should have that right anyway. Second of all, I wanted to bring to your attention an email I sent most of you this afternoon regarding the Justice Department announced today an agreement with the City of Cedar Rapids and Linn County in regards to improving the access to all aspects of civic life for people with disabilities. Part of what they asked for and they will be here eventually asking for the same is they ask to have a committee of members, uh, that are comprised of people with ADA experience, both from the County, as well as members from the City. I suggest that we look at getting that committee started now and not waiting. It seems that what the Justice Department has been doing is every two years they go according to population of the cities and go to another city, that's why Cedar Rapids is this year. (clears throat) If we look up the road, in two years there'll be Davenport. Two years it'll be Dubuque, and then two more years after that we'll be, uh, look ... they'll be looking at us and Johnson County. I urge you to ... I know we're working on compliance for our curb cuts, but we have other things that need to be looked at. The Robert A. Lee Rec Center is not in compliance, even though we have ramps, uh, for person ... or women to get into the bathrooms that's in a wheel... wheelchair, you can't do it on the first floor because they're not wide enough doors. You have to go down, through the showers, and back into the, um ... to the, uh, stalls and even the stalls aren't big enough for wheelchairs. You can't close the door, and that becomes embarrassing ... for anybody! So, I ... I would suggest we have a wonderful compliance officer that (mumbled) and that we ... uh, ask the staff to have Simon get together with other staff and other people in the community and look at the community as if they were the Justice Department, in This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 5 terms of what needs to be done to get into compliance and let's work on it now. Thank you very much. Hayek: Thank you for the comments! Beadleston: Hi, I"m Joy Beadleston and I didn't plan on talking but I had an incident today, so (laughs) um, I'll be talking. So, um, I live near the Eastdale Plaza and use the Eastdale Plaza quite often, um, because of work and there's a lot of groups there that I network with and support and they, lot of them come to my art class at Uptown Bill's, um, that I have with another co-worker. So today, um, they blocked off, and this has been like ... seems like six months, I believe, that they've been working on the Eastdale Plaza entrances, and um, today they blocked off the entrance by the mailboxes, um, completely, so the mailman couldn't come (laughs) through that way and I had someone meeting me to take me, um, downtown to my classes at the University and other things that I had today, like the event at Uptown Bill's, and um, I just inquired when this project will possibly be done because people also on the other side, the bus has been redirected, and there's been a sign there since June, or before, but it says that the project'll be done in June most likely. I called three times to, uh, O'Brien, um, the Transportation, I believe, Manager and I didn't get a call back cause I was told that he's, uh, has a lot of new duties, but anyway (laughs) the sign needs to be changed because several people have been sitting at that stop, waiting for a bus that never comes (laughs) because the sign says the bus is coming, and I just have happened to walk by that area and I've, you know, I always believe in being helpful so I did tell people they have to go to the other side (laughs) of the street and the bus'll come back, but a lot of people have been waiting an extra hour to get to work or to go wherever their destination is. So today, um, when I asked, um, the person who's running that contract, he told me I'm a disabled, uh... uh, B - word (laughs) which I won't repeat in case children are watching, but um ... I don't ... I've never been talked to that directly and he got right in my personal space, which seemed like a danger (laughs) um ... you know, if I would have had time I would have called the police to come, but I don't think that a contractor should be talking to a citizen like that (laughs) and I don't think they should be able to continue to work on that project, especially since that person seems to think he's privileged. He let me know that (laughs) Um, and uh, it's none of my business, he told me also. Urn ... and I don't ... I just don't think that person should be allowed to continue, obviously, since he's taking an extra long time and does not care about disabled people or women, um, and ... that's all I'm going to say (laughs) Sorry it wasn't a planned speech, but I thought it was important to bring that up. Thanks! Hayek: Thank you. Can we have staff look into that bus signage issue? Thank you for the comments. Anyone else for Community Comment? Beyhl: (speaking from audience) This is where you get up and just talk? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 6 Hayek: Yes, unless there's an agenda item you want to take up. Yep, come on up, sir! (unable to hear response from audience) Beyhl: Used to watch you on television though! But not anymore! Roger ... Roger Beyhl is my name. And, uh (clears throat) my ... my reason for being here today is, uh... uh, the kids that are frequently in the streets of southeast Iowa City, where I've been living for over 40 years. I have rental property over there. Uh, I'm here today because over the last couple of weeks there was three incidences of which, uh, one day on the corner of, uh, going into Wetherby Park, the corner of Taylor and Burns. There had to be about 40 of 'em. Uh, they didn't see fit to play in the park. They saw fit to play in the street. A couple of days later, uh, some kids were on Burns, heading towards Davis. Two officers were literally herding those kids up the street and tellin' them stay in their distance, and telling them to keep moving, keep moving, move back on up onto Davis. Then a couple nights later after that I come home to one of my rental properties, pulled in the driveway, there's about half a dozen of 'em in my driveway. I don't know what they were doing, but I drove in the driveway — they scattered. Now the thing that... that's... my problem is I've ... I've spoken to police officers. Uh... that Thursday night when they were in my driveway, I went downtown and spoke to, uh, Acres and uh, then the next day I came down and spoke to, uh, Hargadine and, uh, Kelsay and everybody's telling me the same thing — their hands are tied. I can't do anything. These kids have a right to do what they're doing. They have a right to play! All kids have a right to play. I don't personally think they have a right to play in the streets, anywhere in Iowa City, and I don't think they have a right to play in my yard, or in my driveway. But the thing that frustrates me as a resident of this town for over 40...40 some years is everybody's telling me there's nothin' they can do about it. These kids have a right to do what they're doing and not a damn thing that anybody, police officers, City Council ... I don't know, that's why I'm speaking to you. I don't know if you guys can do anything about it. Uh, I have noticed that ... police presence in that area helps out quite a bit. They don't like police cars driving around, so they move on. Uh, that one night when 40 of 'em were in the ... right in front of Wetherby Park, an officer did finally show up and sat in the park. There was no kids to be found. They had moved on. But, uh, I guess the frustrating thing is the fact that, uh, everybody that I'm talking to says there's not a thing they can do about it. They have a right to be where they are, play where they are. 1 agree with it. I don't know why they don't go up into Wetherby Park and stay up there, but somebody said they're not ... they don't have rights to be up there for some reason. But I don't think they have a right to play, number one ... in the streets of Iowa City. Why some of 'em haven't been hit by cars because Burns Avenue, Taylor Drive, Sandusky, people move pretty fast up and down those streets. I don't know why several of 'em haven't been hit. Uh... and the other thing, I don't think they have the right to be playing in other people's yards. Thank you. Hayek: Thank you for your comments. Anyone else before we close out Community Comment? Okay! We'll move on to Item 5, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 7 ITEM 5. PLANNING AND ZONING MATTERS 5a. REZONING BENTON ST / RIVERSIDE DRIVE — ORDINANCE REZONING APPROXIMATELY 1.45 ACRES OF PROPETY FROM COMMUNITY COMMERCIAL (CC -2) TO RIVERFRONT CROSSINGS — WEST RIVERFRONT (RFC -WR) ZONE LOCATED AT THE NORTHWEST CORNER OF BENTON STREET AND RIVERSIDE DRIVE (REZ15-00015) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte communications to disclose? Karen! Howard: Okay, um, this is the location map showing the location of the proposed rezoning. This is in the Riverfront Crossings, uh, West Riverfront District. It's at the corner of Benton Street and south Riverside Drive. It's a ... a ... it's about four parcels here that are being combined together. Um, the proposed, uh, use of the property, uh, is proposed to be a gas station and convenience store. This ... there's a few photos of that, of Riverside Drive and Benton Street, and the most notable thing in the Riverfront Crossings District plan regarding this area of...of the community is the, um ... inhosp... inhospitable environment for pedestrians along Riverside Drive and Benton Street. So that's been, uh, one of the goals of the Comprehensive Plan in this area, and for any rezoning that occurs in this particular area, that is one of the goals is to create development that's more pedestrian friendly. So here you can see Riverside Drive, not very conducive for walking. And here's the, uh, frontage along Benton Street, um, which is ... is really inhospitable. So as we, uh, redevelop and ... and redevelopment proposals come forward for rezoning to Riverfront Crossings in the West Riverfront, uh, subdistrict, uh, there, uh... the ... the new zoning would require a more pedestrian friendly development to occur. The form based code standards would require, for example, even a gas station to ... to pull the building towards the street and have, uh, more pedestrian friendly frontages. Um, one of the things we're trying to do along Riverside Drive and Benton Street is to consolidate a lot of the driveways, um, in this corridor. There's multiple driveways that, uh, access, um ... uh... Riverside Drive and Benton Street, making it very confusing and a lot of conflicts for traffic and so as properties are redeveloping, we're recommending as a staff and the Planning and Zoning Commission recommends as well, that driveways be consolidated, um, to improve that corridor. This is, um, a proposed site plan for, um, the proposed Kum n' Go gas station here. I would just note that this was a previous site plan submitted with the rezoning, before P&Z and staff had recommended, uh, not having any access to Benton Street, um, so the proposed access points would be to consolidate driveways along Riverside Drive into one driveway further north, away from the intersection, and to allow an access point onto Orchard Street and to close the access points on Benton Street, uh, because of a potential conflict, um, with traffic that would be turning left into Kum n' Go, across a double yellow This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 8 line, um, and a left turn, uh, onto Orchard Street, creating a ... a traffic conflict here. So that was a reason staff had recommended, A ... uh, and the Planning and Zoning Commission concurred, um, to consolidate those access points. Uh, in addition, we are recommending similar to other properties in Riverfront Crossings in the West Riverfront that, uh, as properties redevelop and ask for Riverfront Crossings' zoning that they dedicate an additional 10 -feet of right-of-way so that we can get those pedestrian improvements, uh, along Riverside Drive and Benton Street, that we don't really have enough right-of-way for, uh, currently. So the proposed Conditional Zoning Agreement, um ... uh, the conditions that the Planning and Zoning Commission are recommending is to dedicate 10 -feet of land along Riverside Drive and Benton Street frontages. Um, closing the existing curb cut on Benton Street, and consolidating the two driveways on Riverside Drive into one access point in a location further from that intersection, and then consolidation of the two drives on Orchard Street into one access point. Um, subsequent to, um, the Planning and Zoning Commission hearing and their recommendation, uh, Kum n' Go has requested, uh, the consideration of a right -in only, um ... on Benton Street. They have some concerns about ... about, um ... the access to their property if there was only access from Orchard Street, or south Riverside Drive, and so have asked for consideration of the possibility of having a right -in only at this location. Staff did have a brief conversation today about that, cause it's a recent request. Um, neither the City Engineer nor the Public Works Director, um, are in town right now and so we feel like we need to have more time to consider that request and what it would mean for ... for these, um, corridors. Um, so ... with that, um ... what we would need to do if you're interested in us considering that possibility is for you to continue the public hearing then to the following meeting so there's a chance for us to consider that, and also, um, if you're interested, uh, would need to potentially consult with the Planning and Zoning Commission if, um, and they have a meeting this Thursday, so that's a potential, uh, ability to do that, um, in a fairly short period of time. Um ... so ... we would just entertain, have you entertain that possibility, and I'm sure the applicant may have, um, comments about that as well. Hayek: Sure! Howard: I'd be happy to answer any questions that you have. Hayek: So the request from staff would be, or the recommendation from staff would be to, uh, continue the public hearing and defer first consideration ... until (both talking) Howard: If the Council would like to entertain the request from the applicant to, uh, consider this, um, right -in only ... that would require you to continue the public hearing. If you would like to go forward with what the Planning and Zoning Commission and the staff have recommended, um, with no access points to Benton Street, of course you can, uh... oh, actually we don't have a signed Conditional Zoning Agreement. So regardless you will have to (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 9 Hayek: ...no choice but to continue the public hearing (both talking) Howard: That's correct! Hayek: Okay. Howard: So we would have some time to (both talking) analyze this a little more carefully, yes! Dobyns: Karen, could you go back a few slides, the aerial of the, uh, proposed area? Um, it doesn't show it, but on the west side of the ... uh, P&Z and staff recommended, um, exit onto Orchard, it appears from my map that those look like they're multiple -family apartments and dwellings, not single-family house. You can't quite see it on the west side of Orchard, but is that what's there? Howard: Right, there is housing. There is zoning on that side of the street that's residential. Dobyns: But it's multiple family? Howard: Um... Dobyns: Apartments? (several talking) Howard: Yeah, I think they're duplexes. Payne: And if you back up a couple more slides, I think that ... nope! Go to the ... this one here kinda shows... Dobyns: (mumbled) Okay. Howard: Right, shows you the driveways that are ... with the duplexes. Payne: Do you ... is there a site plan or ... a conceptual plan that shows where the entrance would be, or exit would be, onto Orchard Street? Howard: Well all we have so far and we just received this, um, just recently, so it have ... haven't had time to look at it carefully. Just so you know, any .... the gas station proposal will have to go through the Board of Adjustment as well, and they will be analyzing, you know, all the entrances and the specifics of the site, but as far as the access points, um ... this is what we've received most recently from Kum n' Go. It shows the access point onto Orchard Street in this location. Dobyns: Are residents and owners of those properties aware of this? And were they... This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 10 Howard: Well they would have been notified of the rezoning. I think there was ... there was a neigh ... good neighbor meeting as well. The applicant held a good neighbor meeting and there was neighborhood representatives at the meeting. I think there was a feeling that, um, this is a ... a positive for this corner and the fact that they were trying to develop it in a pedestrian -oriented fashion, with the convenience store at the corner, and I think they have.... they're planning outdoor seating and I think the ... the neighborhood response that we've heard from and ... has been positive, um... Dobyns: I'm sure they were very positive about that corner that's been sitting there looking badly for a long time, but were they aware of the exit entry out of Orchard? At that meeting? Howard: Yes, they were aware that that was one of the contemplations of the ... having that, and I think as long as they felt like there was enough screening of the parking area in this location through the Board of Adjustment process, um, that it felt like that was a reasonable, uh, but certainly, you know, may ... maybe not everyone weighed in but (both talking) there were neighborhood representatives there (both talking) Dobyns: ...but it was one of the options that was the tenor at the meeting that they realized that this was going to be this staff and ultimately Planning and Zoning recommendation that the entry not come out of Benton, but come out at Orchard (both talking) Howard: At the good neighbor meeting I represented that that was going to be the ... the staff recommendation was to have that exit off onto Orchard Street. Dobyns: Okay. Thank you! Payne: Have you considered the possibility that people will drive through this parking lot to avoid the light? Howard: Um... Payne: It happens all the time on First Avenue and Muscatine. Howard: We haven't really ... I don't know if we've considered that. I think it's a fairly constrained site with the gas pumps and all that's going on on this site, so... Payne: They do it at the gas station there. I mean, it's awful! (laughs) Botchway: Some people do it at McDonald's too. Payne: Oh, here? You're right, I saw somebody do it the other day (several talking and laughing) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 11 Dobyns: But wouldn't they do that with a Benton Street exit as well? I mean, if it's going to happen, it's going to happen. Payne: Right! Regardless of whether....where the exit is, yes. I don't know how you prevent it from happening, but... other than make sure the light doesn't last so long that it's quicker. (laughs) Hayek: So what ... so, I mean, we have no choice to continue because we don't have a signed CZA. Howard: That's correct. Hayek: Is there any other decision before us this evening and ... and if so does it affect the ... the request to have a second look at this with the right -in only? Howard: I think we may want ... staff....staff may want some direction, just temperature of the Council whether you would want us to take a look at that and be con... considerate, cause we can take the temperature of the ... the Planning and Zoning Commission on Thursday, if there's a feeling that you may want us to consider that at the next Council meeting that ... that right -in. Payne: How will you control it? Howard: I'm sorry? Payne: How would you control it? Howard: Control the right -in? Payne: Yeah! Howard: It would just have to be designed ... I don't think we were satisfied with what was shown here as far as the design, but we would work with the applicant to make sure that it was, um, angled enough that you wouldn't get those illegal left turners. Throgmorton: I personally would like to get the staffs technical assessment, but I wouldn't want the staff to take that as policy guidance to do it. You know? It's just like, okay, what's your assessment... technically. Howard: And I think we feel like we haven't had a chance to ... to vet that fully. Particularly since we haven't had, uh, Public Works weigh in on it yet. Hayek: Yeah, I mean, my sense is if Af the applicant, you know, wishes to change something, you know, we owe it to them to take a look at it, but I also think that, you know, the way this works is to have a thorough vetting at the P&Z level with staff involvement, and by the time it reaches us it's either got the blessing or does This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 12 not have the blessing, um, of...of Planning and Zoning and staff, and I would ... I mean, I would want that kind of review, at least on ... to some degree, for this change. It seems to me we would need that as a Council before we know what makes sense. Howard: Right. Well we certainly can have that for your next meeting. Hayek: So ... is that ... is there a consensus to do that? (several responding) Okay! So this is a public hearing. If anyone wishes to address us, they ... they certainly can, and then we'll, uh, defer, uh, or continue the public hearing. Harmon: Good evening, I'm Shavon Harmon with Kum n' Go and with me tonight is Keith Wiggin with Civil Design Advantage. Um ... you know, just a couple things about our site. We ... so, Karen, to get to the building ... (talking in background) Um, so one exciting thing is that this is a brand new building for Kum n' Go that we're going to be building here in Iowa City. Um, we plan to build nine of these in, um, 2015 into early 2016, and it's going to be very different from the typical convenience store that you're used to seeing. This is going to be more of a marketplace concept. So it'll be 6,000 square feet, very pedestrian friendly. It's got, um, it'll have an entrance on ... the corner, um, it'll have indoor seating and outdoor seating, a lot more, urn ... selection for fresh food and ready -to -order items. A lot more grocery items than you've seen in the past, and you know, also in the store you can see ... well, I don't know if there's a canopy in here or not. But the canopy is also very different than what you're used to seeing in a canopy. You know, usually the canopy is, you know, red and it sits way out there on the street, and we're actually downplaying the canopy here. It's going to be more muted colors that, um ... blend in, you know, with the skyline. So we're really excited, again, to have it here in, you know, Iowa City. Um, the reason why we're asking for a right -in only is ... as a retailer, we have a very sophisticated model that we run all of our sites through, and when we originally designed this site, we had access on ... Riverside and access on Benton and did not have access on Orchard. And when we went back and re -ran it through our model, um, it definitely affected our sales. And the thing that we know about convenience is that, um, people can, you know, once they get onto a site, and they get their items, they'll figure a way to get off, and that's why, you know, we're just asking for the right -in, so that we can help them get onto the site. Gas is not, you know, and convenience is not a destination. There's enough, you know, within a two-mile radius or closer to home that people will just go on to the next site. So, again, you know, we just want to make it more convenient for our customers, um, you know, to get on the site. And again, you know, we're fine with the right, you know, with the right -in only and you know, of course we'll work with staff to design it so that it is, you know, right -in only. Um ... and you know the site is tight. We're typically closer to a 2 -acre site. In this instant we're at 1.45 acres. So ... you'll notice, you know, we only have five MPDs and it is a tight turning radius, you know, on the site. Throgmorton: Pardon me, what's an MPD? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 13 Harmon: Oh, sorry! The gas pump. Throgmorton: Okay. Harmon: You know, like where the ... under the canopy. Throgmorton: Yeah. Weggen: Keith Weggen, the CDA. Just a couple, um, additional things to add to the conversation. Um, the right -in that we're showing here is really just generally displaying how we'd like to convey the right -in concept. Um, we certainly understand the stronger, the need for stronger definition of that, and we certainly can work with staff to better define that, so that there's no, uh, left -turn movements into the site, as well. Another thing just to point out that I think we're still able to accomplish here with this plan is the City has a guideline of...I think it's 150 -feet of separation, uh, from access to the intersection at Riverside and Benton, and with this concept we're there. We're right at about 150 -feet. So we're able to remain consistent with that separation, as well. Hayek: Okay! Thanks, that's very helpful. Is there anyone else from the audience who wishes to weigh in? Throgmorton: Could ... could I ask one... Hayek: Oh, absolutely, Jim! Throgmorton: I'd like to ... Karen, right... Shawn. Where'd I get Karen? I'm sorry! Um ... confused with Karen Howard. Uh, I ... I understand that the building would be LEED certified or... Harmon: Yes. So, all of our (both talking) um, all of our new builds are LEED certified. We're the only convenience store in the U.S. that, um, runs a LEED volume program and um ... so basically our building, coming out of the gate, is LEED certified. And then we also pick up the points on the site for, um, other LEED activities, um, like, uh, fuel options and bike racks and, urn ... and all those things. We use LED lighting, um, so that, um, you know for energy efficiency and of course, you know, we're zero light when you come back to the ... the, uh, the lot line. Throgmorton: But to get the basic LEED certification or be silver, gold, platinum? Harmon: You know, it's ... right now it's basic and um ... so what happens is you pick up extra points, you know, on the site, and um, at this point it looks like it'll be basic, um, LEED certification. But you know we won't know until we submit. So we have 40...440 stores and out of those, 100 are LEED certified at this time, and we have This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 14 more in with the Green Building Council that just haven't been certified yet. And we use recycled materials, um, when we demo we recycle as we demo, as well... as part of that process. Throgmorton: Thanks! Botchway: To Jim's question though, I mean, you're saying ... so the most of your sites are basic, you know, there's ... you don't know if there's others that are silver or gold? Harmon: Yeah, we do. We have, um, we have a couple silver, um, and we have a couple platinum, um, as well. But we just started running the, um ... the volume program, um ... well, probably about a year ago. Hayek: Great! Thank you! Anyone else from the audience? Okay, we'll need .... do we have a date certain by which we take this up or should it be... Karr: Just want to do it to the next meeting of the 9th ... of the 15th9 Yapp: Yes, and we'll, uh, ask the Planning and Zoning Commission this Thursday if they wish to have a consultation over the access issue. Hayek: With... Yapp: With the City Council. Hayek: Okay. Uh, all right, so if someone would tee up a motion, please. Mims: I'll move to continue the public hearing and defer first consideration until September 15th. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Uh, discussion? All those in favor say aye. Opposed say nay. Motion carries 7-0. 5a will come up at our next City Council meeting on September 15t`. Thank you. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 15 ITEM 5b REZONING OLDE TOWNE VILLAGE — ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.85 ACRES OF PROPERTY ZONED COMMUNITY COMMERCIAL (CC -2), LOCATED BETWEEN WESTBURY DRIVE, EASTBURY DRIVE, AND MIDDLEBURY ROAD, IN ORDER TO AMEND A CONDITIONAL ZONING AGREEMENT, (REZ15-00016) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte commuc ... communications to disclose? Mr. Yapp. Yapp: Uh, good evening, John Yapp, Development Services. Uh, the location of this property is in the Olde Towne Village commercial area. Uh, it's the square property in the middle of the development, uh, bounded by Middlebury Road, Westbury Drive, uh... the property is currently zoned Community Commercial, uh, like much of the rest of the Olde Towne Village neighborhood. Uh, and what is proposed on this property is a medical clinic. Uh, the medical clinic is allowed in the CC -2 zone. Uh, the issue, uh, with this proposal is that in 2001, if I can show this diagram ... in 2001 when this property was annexed and zoned, uh, there was a Conditional Zoning Agreement, uh, requiring compliance with, uh, this concept plan. Uh, this concept plan was meant to convey a Main Street or town square, uh, type development. Uh, for the property in question, it showed buildings built close to the property line, uh, on all four sides of the square with parking in the middle of the development. Uh, when the applicant came to us several months ago, uh, with their concept, uh, staff reviewed it, discussed it, and uh... uh... felt that it did not comply with the adopted concept plan and to proceed with their development, uh, we would need to amend the Conditional Zoning Agreement to allow the development, different from what was adopted. Uh, and also felt that that process would also allow for public comment, public input, uh, from the residents and property owners around this ... this parcel on that proposed development. Uh, couple images of the site, uh, currently. Uh, this is the west side of the square. There's some temporary paved parking, uh, at that location currently. Uh, Blackstone is just to the west, uh, as a landmark some of you may be familiar with. Uh, this is the roundabout that's in the Olde Towne Village neighborhood. Uh, this would be looking to the north. Uh, this is looking across the, uh, south side of the square, uh, towards some mixed use buildings that have recently been constructed. Uh, and this is looking to the west, across the square, uh, to townhouse development, or excuse me! That ... that would be to the south, across the square, to townhouse development. Uh... after working with the applicant, uh, this is the proposed site plan, uh, for the development. Uh, there's several elements of this site plan that, um ... meet the intent ... of the town square, uh, style design concept. Uh, this includes constructing the building close to the property line on the north side of the square. Uh, and ... partially on the east and west sides of the square. Uh, landscape berm around the perimeter of the parking lot. Uh, 20 to 25 -feet, uh, deep. Uh, street trees on both on-site and on the private This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 16 street, around the perimeter of the property. Uh, seating and, uh, benches and additional landscaping around the perimeter of the property, uh, to help it be more pedestrian -friendly. Uh, improving the on -street parking around the square. Uh, and adding, uh, landscape tree islands along that, the parking area, on -street parking that does not currently exist. Uh, at the good neighbor meeting, which I attended, uh, parking was one of the, uh, significant concerns of the residents, uh, nearby this area. Currently, uh, in the evenings, uh, many patrons of the businesses in Olde Towne Village, uh, end up parking, uh, almost two blocks away on surrounding residential streets. Uh, this proposal will add significantly to the available parking supply, uh, in that area, which helps ... uh, keep the parking out of the neighborhoods and ... therefore keeps those neighborhoods more pedestrian friendly, as well. Uh, some of the discussion at the Planning and Zoning Commission (mumbled) around the proposed building elevations, and ... what is in your packet and what I'm showing you tonight are the updated, uh, building elevations over what the Planning and Zoning Commission, uh, saw. This would be the north side of the building. Uh, this would be, uh, looking at it from Eastbury Drive. The main entrance to the building would be on the south side of the building, uh, for the pick-up and drop-off area for the patients of the clinic. Uh, this is another view of the main entrance of the building. And finally, this is a view from the northwest, uh, of the building. Uh, Planning and Zoning Commission recommended that the elevations be reviewed and approved by the staff Design Review Committee. Uh, that, uh... uh....evaluation process is ... is in process currently. Uh, these will not be the final elevations, uh, some of the things the staff Design Review Committee has requested, uh, for example ... uh, more glass along, uh, this building face, facing the roundabout. Uh, more of a horizontal, uh, articulation or, uh, elevations along the north side of the building to make it ... fewer blank walls, I think, is a better way to say that. Uh, and more landscaping around the building itself. Uh, with that, staff and the Planning and Zoning Commission have recommended approval, uh, subject to general conformance with the concept plan and the building facade and elevations being approved by the Design Review Committee. Be glad to take any questions. (several talking) Dobyns: I will be recusing myself from this vote. I won't be working in this building, but this is my department of family medicine, where I'm a faculty. Hayek: Got it! Questions for John? Okay. Anyone from the audience? Digmann: Hi! I'm Kevin Digmann with, uh, part of the development group that's doing this project, and uh... we're really excited about having this over here and I just ... if there's any questions that anybody has we've got ... I'm here. We got the architect, representatives from the University, so ... happy to answer any of your questions. As far as John's comment on the Design Review Committee, um, we've already ... we ... we understand that we've got a good working relationship on this project and ... and we, you know, we'll pursue the next changes that they .... that they request. I think the University also wants to ... wants to, um, make this project This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 17 something that everybody's in favor of, so ... there's no issues as far as going through their changes. Hayek: Uh, the only question I've got, uh, I mean and in general I'm ... I'm favorable to this... Digmann: Uh huh. Hayek: ...I'm glad to see something happening. I think it's an attractive design. Why the decision to put the building to the north and the parking to the south when you've got residential to the south? Digmann: That ... that lot, those four lots that the ... the elevation changes about ... I think it's 7 - feet from the top to the bottom. So you're better off to have the water drain away from the building. So that's ... that was the decision right there. Hayek: And I see a lot of screening anyway, but that struck me. Throgmorton: Sure. Hayek: Questions for Kevin? Okay! Digmann: Okay! Hayek: Thank you! Before I close the public hearing I will, uh, take the Council's temperature. Are we inclined to go with the P&Z recommendation? Okay. I'm going to close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Botchway: Second. Hayek: Moved by Payne, seconded by ... Throgmorton? Throgmorton: No! Hayek: Botchway! Throgmorton: Botchway. Hayek: Discussion? Throgmorton: So on balance, I think, uh, this proposal will be good for the area. It's going to increase activity in the area, compared (laughs) especially to the way it is right This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 18 now, provide additional needed parking, increased tax revenues, so there are a lot of pluses and ... and ... and, uh, that ... leads me to support the ... the proposal. Uh, that said, I ... I think, uh... uh, considerable work could be done on the, uh, the design of the north face of the building. Uh, when I look at it, um, just in the rendering, uh, I think, um, it...it does ... it doesn't look very appealing to ... to ... to somebody on feet, on foot, you know. So, I ... I think a good architect can really work on that and make the improvements that would really im... improve that part. From the south I think it looks dandy, you know, and from the east looks dandy, um, so I ... I think it'll be good on the whole, but that one thing, I think, could be improved. Mims: And that's what they're talking about improving. Hayek: Sounds good! Further discussion? Payne: I just think this is ... something that's needed in this area to kind of...get it maybe moving again. I know they built the residential in there, or still under construction, but ... to get this area moving. It's probably not what we envisioned for the area, but ... it's ... (both talking) Mims: ...lot of people in. Payne: Yep, and it'll work! Hayek: (mumbled) there are a number of things that, you know, have played out that weren't necessarily envisioned. The ... the on -street parking with the bump -up over the curb, I mean, there... there's some things that didn't turn out exactly as planned. Payne: Right! Hayek: It's an attractive area overall and this will add to it, I believe. Payne: And definitely improve the parking issue that they have over there. Hayek: Further discussion? Roll call, please. First consideration passes 6-0, Dobyns, uh, recusing. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 19 ITEM 5c REZONING COLE'S MOBILE HOME PARK — ORDINANCE CONDITIONALLY REZONING TO APPROVE A PLANNED DEVELOPMENT (OPD) PLAN FOR A MANUFACTURED HOUSING PARK TO ADD 38 -UNITS ON APPROXIMATELY 14.36 ACRES OF PROPERTY LOCATED EAST OF RIVERSIDE DRIVE AND NORTH OF MCCOLLISTER BOULEVARD (REZ15-00017) (COLE'S MOBILE HOME PARK) 1. PUBLIC HEARING Hayek: This is a public hearing. Uh, the hearing is open. (bangs gavel) Any ex parte communications to disclose? John? Yapp: Uh, this property is on the north side of McCollister Boulevard, west of the Iowa River. Uh, surrounding properties, uh, to the east are ... is a City -owned open space, uh, and to the west is an industrial parcel, uh, where recently the Board of Adjustment approved some mini -storage units with some increased landscaping requirements. Uh, the property is within the flood plain of the Iowa River. Uh, the property is also currently zoned residential. Uh, it's zoned RS -12 residential. Uh, the reason the applicant has applied for a planned development overlay zone, uh, is for two reasons. One is the ownership regime, uh, it's proposed as a mobile home park with one property owner, uh, where residents would rent, uh, lots, uh, from the property owner, and two, to achieve some modifications to the underlying design standards, uh, specifically the, uh, streets and street right-of- ways ... in this case. Uh, this is an aerial view of the property. Uh, as you know, there is now a levee along the Iowa River, which helps protect, uh, this property from flooding, uh... but it is still within the flood plain. Uh, any residential units constructed on this property will have to be elevated, uh, so the first finished floor is one foot above the 500 -year flood plain. Uh, this is a site plan schematic, and I'll actually use ... uh, this diagram. It's a little more easy to ... easy to see. Uh, but what is proposed is, uh, 38, uh, mobile home units, uh, oriented around a loop street, uh, which would have access off the existing access drive off of south Riverside Drive. Uh, as noted in the staff report, the applicant had a previous application, uh, before the Planning and Zoning Commission, uh, which had smaller lot sizes, uh, than what you see before you tonight. Uh, that application was recommended for denial, uh, by the Planning and Zoning Commission. Rather than appeal to the City Council, the applicant went back to the drawing board, uh, established 5,000 square foot, uh, lots for the units, which meets the minimum standard for the RS -12 zone, uh... and after presenting that, uh, application to the Planning and Zoning Commission, the Commission, by a vote of 4 to 2, uh, recommended approval. Uh, two considerations for the, uh, modifications to underlying design standards for the planned development. Uh, one has to do with setbacks, uh, decreasing the 30 -foot setback on the north side of the property. Uh, the rationale there is the property to the north is also owned by the applicant; also used, uh, for manufactured housing. Uh, decreasing the setback on the east side of the property because that is, uh, City -owned open This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 20 space. Uh, and to the west side of the property ... uh, where there are existing mobile homes, uh, abutting the, uh, industrial zone property, uh, there. Uh, the other design considerations — a reduction of the 60 -foot public street right-of-way to 32 -feet, uh, in an easement, and a 22 -foot wide street. Uh, and that's a modification from standard, uh, street design, uh, requirements. In this case, uh, the proposed streets are more consistent with the existing streets, uh, in the larger manufactured housing park. Uh, one of the, uh... things recommended by staff and the Planning and Zoning Commission is construction of a sidewalk along the south side of the east -west access drive to provide pedestrian access, uh, to the new development and that sidewalk may also be used by, uh, residents of the existing development. Uh, another requirement is, uh, regarding storm shelters. Uh, the applicant, and if I can zoom in ... uh, the applicant has proposed, uh, two storm shelter locations, uh, which would be constructed as part of the public improvements, uh, for the project. Uh, and the third is, uh, regarding dumpster enclosures. Uh, unlike most residential neighborhoods, dumpsters are located, uh, throughout the park; uh, the applicant has proposed that this dumpster enclosure to help screen those dumpster locations and formalize their locations so that they don't move around over time. Uh, staff has recommended approval, subject to general compliance with the planned development, including requirements for storm shelter, uh, a sidewalk along the east -west private street, and resurfacing of that street, uh, subject to the lot line between this property and the property to the north being dissolved so it ... it, the area functions as one property. Uh, and finally, City engineer approval of grading and drainage plans. Uh, City engineer approval of grading and drainage plans is always the case, uh, but because of this location in the flood plain, we wanted to give that a little extra emphasis. Be glad to take any questions. Payne: That ... zoom -in picture that you have, do you ... can you move down on it, or is it just zoomed in in that area? Yapp: I'm afraid it's just zoomed in in this area. Payne: Maybe you can just answer the question. It....go to the previous slide. So it looks like there's four homes on the west side... Throgmorton: Uh huh. Payne: ...of the street there that kind of are parallel with the street. Where (both talking) Yapp: That's correct. Payne: Where do those homes park if the street has been narrowed to 22 -feet, where's the parking for those homes? Yapp: They would have, uh, parking adjacent to their unit. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 21 Payne: So it's in that little space in between? Yapp: That's correct. Throgmorton: John, can you remind me of the, uh, flood protection provided by the levee? What's the degree of...the degree of flood protection? You know, wha... Yapp: Yeah, I'm trying to ... it's either a foot above the 100 or a foot above the 500, but I do not recall. Do you, Geoff? At a minimum it would be above the 100. 100 - year flood plain. Throgmorton: Yeah, okay, so at our next meeting it would be helpful to know the answer to that question. Yapp: Sure! Throgmorton: Uh, then the next question I have concerns the ... uh, this... the... mobile homes themselves. So the living area has to be at least one foot above the 500 -year level, correct? Yapp: The floor of the living (both talking) area, yes. Throgmorton: All right. Uh, so ... but these are mobile homes, right? So in the event that there's a flood, you know, the flood overtops the levee or breaks through the levee, would those units be basically washed away? I'm exaggerating just for the (both talking) Yapp: The units would be anchored. Throgmorton: Anchored... Yapp: To the ground, yes. Throgmorton: Okay. Yapp: And if...if there came a time where someone wanted to move their home, they would have to unattach the anchor. Throgmorton: Okay. Good. All right. Payne: And to build these up ... are, is the plan to put more dirt in there to build up the ground, or is it to just like... Yapp: I'll have the applicant address that. There are some options — either a foundation or to build up the earth, but I ... I don't know their final plan. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 22 Payne: Thank you! Hayek: So the ... of the two dissenting votes shown in the minutes, the ... one does not ... it's (mumbled) I don't think provide a ... an explanation for ... for her vote, but the other dissenting vote just basically said we shouldn't be doing this in a ... in a flood plain. Yapp: That's correct. Hayek: Can you ... are we ... is there something we should be considering as the deciding body as it relates to that issue? Uh... Yapp: Well the City, after the flooding experiences we have had, uh... and after having some discussion, the decision was made to require the first floor to be a foot above the 500 -year flood plain. It used to be just above the 100 -year flood plain, which turned out not to be adequate. Um... Payne: I thought for residential though we said no building in the flood plain, period. Yapp: No (mumbled) you are allowed to build residential in the flood plain. Payne: Okay! Hayek: Maybe the floodway. Yapp: Not in the floodway. Payne: Okay! That's what I'm (both talking) Yep! Thanks, Matt! Hayek: (mumbled) (laughter) Payne: Well I was on Planning and Zoning when (both talking) I just (both talking) Hayek: That's right, you were! Uh, okay, so ... so post -2008 one of the changes we made was to restrict residential housing to the 500 -year... Yapp: Plus ... plus a foot. Hayek: Plus a foot. Yapp: And what that (both talking) Hayek: Regardless of type, so RS -5... Yapp: (both talking) That's correct. Hayek: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 23 Yapp: What that means is a neighborhood can still flood. Hayek: Sure. Yapp: Of course, and the streets and the yards can still flood. Uh, but the living space ... would be elevated above the flood, uh, and be preserved, and be able to be moved back into ... once the flood recedes. Botchway: Sol...I...I think I was here for the flood, but I had a legal internship out of the state, so I missed the total flood, everything. Yapp: It was quite a summer. (several talking) Botchway: I remember that, but um ... explain this to me, and this could be just simply a layman question. So ... it's going to be built at the 500 -plus -one plain, the first floor, correct? Yapp: That's correct. Botchway: But then how do you ... how would you get to it? (several talking) Payne: You can't live there, but it doesn't... Yapp: In the event of a flood, residents would need to be evacuated. Botchway: So what's the point of building then? Yapp: Uh, it helps preserve all your, uh, personal property and your home itself. That .... you can then move back into once the flood recedes. Botchway: Okay. All right. Hayek: Is ... is there any ... I forget if the ... if this area was eligible for buyouts post -2008. There wasn't a levee at the time, obviously, and I know that sometimes the form of ownership dictated what we could do. So for example ... Idyllwild was ineligible, as I recall, because they ... their form of ownership was different, but is there anything about what we would be doing to approve this that would impact, you know ... a future round of...of...of buyouts if a cataclysmic event occurred and we were looking at ... sort of 2008, 2009... repeated over again. I mean is there ... and maybe I'm ... I think I'm overthinking this, but ... I ... I want to look forward, uh, if something were to occur (both talking) Yapp: Sure! Hayek: I mean, we have the levee, but ... but, you know, there's (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 24 Yapp: There would certainly be more residents living in the flood plain. Uh... but part of that analysis of whether they're eligible for a buyout is based on the, uh ... percentage of, uh, destruction of property value. And with elevating the units a foot above the 500 -year flood plain, there should be much less of a chance of... uh... loss of value of personal property. Dobyns: So when you talk about the 500 -plus -one, uh, flood elevation, that's assuming that the levee wasn't even there. That's where (both talking) Yapp: That's correct. Dobyns: So the probability is less. How much less depends on what faith you have in the engineers that built the levee. Um, but the probability is less of flooding. Yapp: Yeah, the levee does provide some additional protection. Of course as we've seen around the country, we cannot say 100% protection. Because levees can fail. Dobyns: Yes, but ... the word 'some' seems very minimalistic to me. I mean, this is a ... I mean we spent a lot of money, um, on this levee. We put some levees in some places, not in others, but it does ... I guess (both talking) Yapp: I would rephrase to say 'significant' protection. Dobyns: Thank you! (laughter) And, uh, these are ... they're mobile homes, mobile, I mean, um, you can't really move these to another area, I mean, essentially with a flood, you don't have much warning. Maybe a couple of days. That's ... you can't move these... houses, I mean, how mobile ... I mean they're really... they're called mobile but not (several talking) Yapp: It does take some logistics to ... to move a home once it's established, but it can be done. Markus: We have an expert here, the operator. Why don't we ask him? Hayek: Good. Throgmorton: Well ... I think it really does matter what the, uh, flood protection... what flood protection the levee provides, if it's a one in a hundred ... if it provides protection against a one in a hundred event, plus one. Markus: We're checking that. Throgmorton: Yep, it's going to happen, I mean, that will happen some time in the foreseeable future. Uh, so the area would flood. Uh, how much, who knows. But...it...it would flood. So ... then what, the question becomes ... is the fact that these This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 25 structures would be, uh, would have their, uh, the base of the floor, uh, above the 500 -plus -one level, and you know, and that should provide enough protection, even in the event of the levee being over ... being topped. But that ... that's what we ... we kind of need to foresee, and if...but if the levee is designed for 500 -plus - one, that's a, you know, great deal more protection. Yapp: Yeah, and I'll ... I'll check on that before your next meeting. Hayek: Okay! This is a public hearing, if anyone would like to address us, you're certainly welcome to do so. Cole: Hello, my name's Ed Cole and I'm the operator of the park and my wife and I own Vern ... together, and I grew up in Thatcher as a kid and it's crazy living there my whole life and only ... and seeing it flood twice but ... um, we're really family- oriented. It's affordable housing. We're doing our best to keep it safe. We built a park in there for kids, put a soccer field in for'em, basketball hoop, and we've got more kids than we ever thought we had cause when the previous owner had it, he was, um, yeah, we'll just say the previous owner didn't really (laughs) get along very well with kids, but (several laughing and talking) Uh, we enjoy the business, we enjoy people. On a daily basis we have three to four families come in looking for a place to live, affordable, and we really, um, we just like what we do and... expand this, it'll allow us to add more affordable housing. Um ... I think it is the 500 -year flood. The blueprint I have says mobile homes have to be a foot above it, and we're filling in dirt now. Like last ... in the last weeks I've had a thousand loads all to me and ... (mumbled) sunburn (mumbled) (laughter) We still need another thousand loads probably and we'll fill it and pack it as we go. And... we're getting the water drained to the ... to the west and then back to the south, and then over in the ... the other half of that piece, we're gonna go to the north, then back to the east. When the property owners were different, they couldn't get along so the ... the ditch got filled in. That probably didn't help things in the flood either, but... Hayek: Yeah. Is ... is it safe to say that the existing homes, or at least the homes that were there in 2008, they haven't been ... none of them have been elevated (both talking) Cole: No (both talking) Hayek: (both talking) ...same... same spot. Payne: So, you're saying you're building up the ground to get 'ern out of...one foot above the 500 -year, rather than elevate each one separately... Cole: Yeah, I don't want to do that. That'd be kind of stupid looking. Big foundation and, yeah, I don't want to do that. Hayek: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 26 Payne: Thanks for that explanation. Hayek: Appreciate your explanation. Cole: Thank you! Hayek: Any other individuals from the public hearing? Okay, I'll take the Council's temp. Are we inclined to go with the P&Z recommendation? (several responding) Okay. I'll close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: My (both talking) Hayek: ...get this on the floor. Mims: Oh, I'm sorry! (laughter) Payne: Move ... move first consideration. Dickens: Second. Mims: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Mims: (laughs) Um, typically I'm not in favor of building in a flood plain, okay, but I will support this and uh, basically there's two reasons. We've got the levee, and secondly the individual units are having to be constructed above the 500 -year flood plain. So ... I think, you know, we always talk that we need more affordable housing, um, in the area, and I think we've done what we can to protect these units from flooding with the levee and with the elevation of the individual units. So I will support it. And I like the additional amenities, as well, for the residents — the park and storm shelter, etc. Throgmorton: Yeah, I'd want to agree with you, Susan, and uh... if...the flood situation is the most important to consider, uh, beyond that, I ... I like the design. I think you've been pretty, uh, deft about this and I really like the other amenities that staff and Mr. Cole have mentioned, but there's another thing we haven't even talked about, and that is, uh, because McCollister Road was built, because the bridge is there, and because Trueblood Park has been developed, there's now this really terrific park that's really close by, uh, and ... and that ... that's a good thing. So, yeah, I'm going to support this. Dickens: As well as Alexander School, which is fairly close to that too. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 27 Throgmorton: Yeah. Dickens: (mumbled) Hayek: You know what I recall in the post -2008 period when we were looking at the infusion of flood ... post -flood money and figuring out where to take on capital projects, there was a lot of...pressure to, uh, protect this area because of the fragility of the neighborhood and the population that ... that lives there, um, in terms of resources and ... and what not. Uh, and so this ... this levee was constructed in ... in no small part to protect that area, and there are no guarantees and no...no levee is a guarantee of...of protection against the future, but this certainly gives a level of, uh, security that ... that wasn't there previously, um, and it seems to me that if we did that to protect the existing housing, um, the same holds true for a modest amount of additional housing, that's better protected (both talking) Mims: ...and, yeah (laughs) Hayek: ...than the existing. So, I'll be supportive! Further, uh, discussion? Roll call, please. First consideration passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 28 ITEM 5d REZONING CAMP CARDINAL ROAD — ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 33.37 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH OF CAMP CARDINAL BOULEVARD FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO PLANNED DEVELOPMENT OVERLAY / LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPDS), AND APPROVAL OF PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN. (REZ15-00013) 1. PUBLIC HEARING: Hayek: This is a public hearing. The hearing is open. Any ex parte (bangs gavel) communications? John! Yapp: Uh, this property was rezoned in 2014, uh, for low-density single-family. Uh, at that time the property had been purchased by St. Andrew Church with the intent, uh, of constructing a, uh, church on the property, uh... and the low-density, single- family zone was the lowest density zone that would allow a religious institution, uh, to be constructed. Uh, the specific site details of the church development, uh, will be reviewed by the Board of Adjustment. Uh, religious institutions are allowed by special exception, in order to review those site details, uh, as part of that application. Uh, what we're focused on tonight is the rezoning to a planned development sensitive areas plan, uh, because of, uh, wetlands that exist on the property. Uh, to orient you, this is north of Camp Cardinal Boulevard, west of the Walnut Ridge, uh, subdivision. Uh, Camp Cardinal Road is the road that provides access, uh, to the property. Uh, this ... it's a county rural designed road, uh, at this point. And this is a view standing on Camp Cardinal Road, uh, looking to the east, uh, across the property. It's got some rolling, uh, topography, uh, as shown in this image. Uh, there are two, uh, fingers of wetlands on the property, identified on the map as, uh, WLI and WL2. Uh, both these wetlands are part of drainage ways that drain to the creek, which is along the south border of the property. Uh, as part of the, uh, site development, uh, the applicant is proposing to disturb, uh, the northern portions of these wetland, uh, fingers. The area of disturbance is identified in red, uh, on the ... on the above map. Uh, they are also proposing to reduce the buffer, uh, required wetland buffer, from 100 -feet to 50 - feet, uh, for the ... northern part of the larger wetland, uh, in order to accommodate grading for the proposed, uh, parking lot. Uh, the Corps of Engineers has approved the wetland delineation. Uh, the level of disturbance of the wetland is less than 1/10th of an acre, uh, which means that the Corps of Engineers has also approved that. Uh, disturbances less than a 10t' of an acre can be approved under a ... a nationwide, uh, permit. At the, uh, Planning and Zoning stage, the applicant was uncertain at that time whether they would pursue on-site monitoring, uh, of the wetland vegetation or purchase into a, uh, existing wetland bank in the same watershed. Uh, Corps of Engineers indicated they would prefer, uh, purchasing into an existing wetland bank and uh... now the applicant has received approval to purchase into that wetland bank, uh, so staff does recommend... has approved the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 29 wetland mitigation plan, pending approval of this rezoning. Uh, as part of the development, the ap... there's a former pond on the very north side of the property, uh, that the applicant has committed to recreating that pond, planting wetland vegetation, uh, and providing, uh, mitigation around that former pond, as well. Uh, when the property was rezoned in ... in 2014, there were, uh, there was a Conditional Zoning Agreement related to conditions to reconstruct, uh, Camp Cardinal Road, uh, and at that time it was thought the road would be reconstructed all the way to the north, uh, property line. Uh, it's a normal requirement for developers to be responsible for the infrastructure, uh, to their property line. Uh, what the applicant has proposed and which staff is recommending approval of, as an alternative, uh, is reconstructing Camp Cardinal Road, uh, approximately one- third of the way north and then constructing a new street, uh, called Elder Drive into the property and to the north property line. Uh, that would accomplish a couple goals. One, it provides public street frontage, uh, for the church site. Uh, and two, it provides, uh, access to the property to the north for future street extension to the north. Uh, the remainder of Camp Cardinal Road, uh, the northern two-thirds, uh, would remain as it is today. Uh, when the lot is developed alongside, uh, Camp Cardinal Road, at that time the City would evaluate to what design standard, uh, that road should be reconstructed. Uh, Elder Drive is, uh, being designed as a City collector street, uh, because it will accommodate traffic both from the church and eventually from the property to the north. Uh, the staff report mentions there are also, uh, other regulated slopes and woodlands on the property. This image shows, uh, the various slopes. The, uh, areas in green are steep slopes, which ... which may be graded and disturbed. Uh, the areas in yellow are critical slopes. Um ... (clears throat) excuse me, and a ... up ... up to a certain amount of those slopes may be disturbed before triggering a further review. They do not reach that threshold. Uh, the areas in the red are protected slopes, which are slopes over 40% steep, uh, that is along the creek corridor. Those are not proposed to be disturbed. Uh, this is a ... an image of the site plan itself, uh, showing the church location on a high point, uh, in the property. Uh, two storm water management areas are proposed, at the, uh, pond at the north end of the property, which I previously referenced, and another storm water facility near the south end of the property, uh, north of the creek, which would detain storm water, uh, before releasing it into the creek, uh, at a moderate ... at a moderate rate. In summary, uh, both staff and the Planning and Zoning Commission have recommended approval. Uh, subject to, uh, Conditional Zoning Agreement, referencing, uh, requirements to reconstruct Camp Cardinal Road and Elder Drive to the north property line, uh, storm sewer and water lines being extended within those same improvements, and again, that's a ... normal requirement, uh, for development. Uh, water and sewer lines being extended, uh, in locations acceptable to the City engineer, and that is being extended to the property lines to allow subsequent development on adjacent properties. Uh, and construction plans for the public improvements including the roads, water, and sewer being approved by the City, prior to issuance of a building permit for a foundation permit. Uh, what that last condition is getting at is, uh, regarding timing. The, uh, church congregation would like to start on their This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 30 construction, uh, as soon as possible. May not have the public infrastructure all ready, all installed, uh, and staff feels it's appropriate to allow starting on a foundation as long as the construction plans are all approved. With that, oh, and a few more conditions regarding emergency vehicle access and extension of water lines and a final certificate of occupancy not being issued until all infrastructure improvements are complete. Hayek: Thanks, John! Any questions for John? Mims: John, I'm pretty sure I've got this but I just wanted to clarify it. The church owns lots 2 and 3 as well? Yapp: That's correct. They own the entire property. Mims: Okay. I just wanted to make sure that we weren't... putting the cost of improving the north part of Camp Cardinal Road off on somebody else. Yapp: I believe the church (both talking) does intend to market that property (both talking) Mims: ...somebody buying it would know (both talking) Yapp: It's a known quantity, yes. Mims: Exactly. That was my concern. I just wanted to clarify. Thank you. Dobyns: So to follow up on that, so the owner/developer will be paying to, um, improve Camp Cardinal, up to Elder Road, um ... but do they currently have to improve it north of the Elder Road to the northern property line? Yapp: The cur ... (clears throat) excuse me! The current Conditional Zoning Agreement requires reconstruction of Camp Cardinal Road all the way to the north property line. Uh, with the construction of Elder Drive to the north property line, uh, I think staff agrees that that... releasing that current condition is ... is appropriate. Dobyns: So ultimately this ... this part of the property that's west of Elder Drive, in the northwest section of the plat, um, when will that portion of Camp Cardinal Road from Elder Road to the north end of the property be improved? When they... Yapp: When adjacent properties are developed. Dobyns: And who will be responsible for that cost? Yapp: Uh, whoever the ... owns those properties at that time. Dobyns: Whoever buys it from them. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 31 Yapp: Yes. The, uh, property to the west on the west side of Camp Cardinal Road also has access from Camp Cardinal Boulevard. Hayek: Other questions for John? Okay, thank you! Anyone from the audience? Hoffinan: Hello, my name's Loren Hoffinan with Hall and Hall Engineers. Council, I appreciate your time and your consideration on this matter. Uh, just to ... wanted to, uh, elaborate a little bit more as far as my understanding of the ... the responsibility of the road extension going north of Elder Drive. Uh, similar to how it is for the applicant in this case, they're providing, um, access along their frontage to get the access to their church. Um, whoever's next to the table, be it a property owner to the west or to the north of, uh, Camp Cardinal Road would at that time be responsible, wouldn't necessarily be the developer of that outlot of the church. It's whoever... whoever comes first, um, and that's typically how it ... a code is written. Um, so if...any more questions on that? Uh... I just wanted to summarize on the careful planning that we worked through over the last, uh, 18 months or so to minimize the impacts to the sensitive areas, um, it's a very challenging site. Um ... and also working with staff to provide that secondary access to the north, uh, to allow, uh, the north neighbor to develop, uh, their ... their property. Other than that I just want to let you know I'm here to answer any questions you might have. Thank you. Hayek: Thank you. Appreciate it! Anyone else from the audience? Okay. Is the Council inclined to go with the P&Z recommendation? (several responding) Okay, I'm going to close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? I'll be supportive, but uh...it...it continues to confound me why so many churches are seeking suburban, isolated, car -centric locations. Throgmorton: No idea! Hayek: (laughs) And it ... and a number of them have. Uh, in any event, that's neither here nor there. I will support this rezoning. Further discussion? Roll call, please. First consideration passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 32 ITEM 5g ROOFTOP SERVICE AREAS — ORDINANCE AMENDING TITLE 14: ZONING TO ZONING TO ADD A DEFINITION FOR "ROOFTOP SERVICE AREAS" AND ESTABLISH STANDARDS FOR SUCH USES. (SECOND CONSIDERATION) Payne: Move second consideration. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Botchway: Was there discussion, um, I can't remember the gentleman that came from the ... came to the meeting the last time, but was there just some type of meeting that occurred, um, between ... is it Fieldhouse? Dickens: Fieldhouse. Botchway: Fieldhouse and staff? Fruin: Yeah, we followed up and we've had a meeting with them. I think that's been resolved. Botchway: Okay. Hayek: Further dis... yeah. Further discussion? Roll call, please. Second consideration passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 33 ITEM 8. CITY COUNCIL INFORMATION. Hayek: We'll start down with you, Kingsley! Botchway: Urn ... I just lost a train of thought (laughter) Sorry! Urn ... (several talking) I don't know, oh, yeah.. just make sure, uh, I don't know ... yeah, I'm pretty sure it's still available, making sure that you use the, uh, the email subscribe just to get kind of, um, notifications about different things going on from the City standpoint. I think it's been huge for me just kind of knowing what's been going on. Um, I know that a lot of people have talked to me about, um, not knowing what's going on from a City perspective and this has helped me tremendously. I think the communication has been good and, again, it's something that just kind of blasts my email and so, um, please subscribe to that email notification if you have the opportunity. Payne: Can I expand on something that he said real quick? Hayek: Sure! Payne: I was subscribe before we got our new web site, and I don't get them any more, so if somebody was subscribed before, and they don't get them any more, they'll maybe need to resubscribe. I know I talked to Susan about it and it didn't affect hers but it did affect mine. So ... (several talking) Hayek: Jim! Throgmorton: So on Friday night, August 21St, I spent four stimulating and enlightening hours riding with Officer Doug Roling. I ... it was a great experience. I want to thank Tom for helping me do this, along with Chief Hargadine and Captain Kelsay, uh, but also Officer Doug Roling. It was re ... just ... (laughs) Sorry! I felt like I learned a lot, uh, being with him and encountering the 10 or so events that we went through that night. The other thing I'd like to mention is that the annual Labor Day Picnic is going to take place on Monday, September the 7th at Shelter #3 in Upper City Park and I'll be attending it as I have for about the last 25 years. Mims: I would just like to welcome, um, all the University of Iowa students who are either new to the community or coming back, um, probably none of them are watching, but in case they hear this (laughs) welcome them to the community. Uh, welcome any of our new, uh, University staff and faculty, as well, uh, obviously the University's a huge part of this community and uh, hope they have a good time here and echo Kingsley's comments on checking the, uh, Iowa City web site, ic, uh, gov.org and getting the emails. Um, I think it's very, very helpful as well. Um, you mentioned, Jim, it's, uh, Labor Day weekend. A lot of people will be traveling. Uh, hope everybody enjoys the weekend, but is also safe and uh, comes back on Tuesday! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 34 Dickens: Uh, the Regina Fall Festival is this weekend, uh, Funk Daddies are playing Saturday night and a dueling piano on Sunday night, so everyone's invited. Hope you enjoy it! Payne: I just want to remind everybody that September is National Preparedness Month and all citizens should take, uh, the time to be more prepared for any emergency or disaster, including being aware of hazards, creating an emergency plan, and building an emergency supply kit. Hayek: Oh, uh... I wanted ... well, we're about to get a new University president. We'll hear, uh, in the next couple of days about that. Uh, the City Manager and I have had the privilege of sitting in on the ... on ... on meetings with each of the four finalists. Um, it's been a very good experience, I think, for us. It allows us to have a chance to interface with, uh, all of...all four of them, uh, and so we hedged our bet and gave a similar message to everybody and, uh, and I, uh, look forward to working with whoever that new president is. So... This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015. Page 35 ITEM 9. REPORT ON ITEMS FROM CITY STAFF. a) City Manager Hayek: Tom? Markus: And I think we're supposed to know by Friday, so ... it's moving rather quickly and ... so we'll have to arrange meetings with their new president as soon as that (mumbled) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 1, 2015.