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HomeMy WebLinkAbout2008-08-11 Transcription#3 Page 1 ITEM 3 COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Bailey: This is a time for people to speak to items that are not on this evening's agenda. If you have an item...if you have something you want to talk about, um, please approach the podium, state your name for the record, and limit your comments to five minutes or less. McGuire: I'm back, uh, my name is Steve McGuire, and I'm a Parkview Terrace neighborhood resident, and I'd like to, uh, take this time just to update you on where we are. Uh, one thing, I appreciate the Council's attention to the fact that they'd like to be able to help property owners. Uh, that said, I would like to update people about where, uh, what some of the thinking is and the concern. I heard different people...I've heard, uh, City Manager Lombardo, some of the City Council Members, uh, Eleanor Dilkes mentioned that the focus really needs to be on the overall goal of what needs to happen with that, uh, with that area. To miss the...the, uh, the overall objective of that becoming a flood plain and, uh, getting caught up in simply helping property owners. I think in the long run may do both the neighborhood and the City a disservice, and I mean by that this - uh, we, just to give you our own situation, are not unlike most people who live in the 100-year flood plain. We have flood insurance. Our flood insurance has now come back. We can actually pay off, uh, our mortgage, and so we're in the...the fortunate position of either selling our property, waiting to see about a buyout, or doing something in between. Most property owners that live in the flood plain are...are in the position we are, and as the City Council knows, time is of the essence. So when I say that it's important to think about what the overall objective for that neighborhood is, I really mean is if the City Council wants to return that as a flood plain, now is the time to signal that. Signaling to, uh, homeowners, uh, the desire to be helpful is...is deeply appreciated, but signaling to homeowners the desire to return that neighborhood to a flood plain signals both to that neighborhood and to the wider city what the goals are...uh, are for the City. For instance, right now, if, uh, there is somebody going through the neighborhood canvassing, a developer, asking if people would be willing to sell their property as is. As the days go by, and as the months go by, what you're going to see are more and more people in those areas that the City wishes to be a flood plain in order to save future money actually be turned over to a developer and more great...there'd be a greater likelihood of a repeat event. As for ourselves, we've actually been involved in this process since before, uh, the flood began sandbagging to come to the conclusion that we really don't want to sell to the developer. Not because of our own financial situation, but because of a commitment to the neighborhood, and the city, so I really want to emphasize the fact that the neighborhood is focused on what the City thinks about that neighborhood as a flood plain, not...not in terms of whether or not the This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #3 City understands, uh, the need to help property owners. Um, that's...that's what I'd like to say. Thanks. Page 2 Bailey: Thanks, Steve. Anyone else wishing to comment to Council? Okay. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 3 ITEM 4. PLANNING AND ZONING MATTERS. a) AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ08-00006) 1. PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) The public hearing is open. Davidson: Good evening, Madame Mayor and Members of the City Council. My name is Jeff Davidson, Director of Planning and Community Development for the City. Item 4.a. on your agenda, as the Mayor has indicated, is to consider modifying the Conditional Zoning Agreement for the property where Wal-Mart is located on Highway 1 West, which was originally platted as Westport Plaza, and currently consists of the, uh, Wal-Mart property, uh, the Staples store, the former Cub Foods, several out lots. Um, the original 1989 Conditional Zoning Agreement, uh, was based on a zoning decision, uh, to change the zoning of this parcel to, uh, CC-2, Community Commercial, and our evaluation of that, uh, like our evaluation of any zoning change was oriented, uh, specifically to the consistency with the Comprehensive Plan and the Zoning Ordinance, and what they had to say about the eventual development of this area, and the principle concern at that time was with the entryway aesthetics, the...the appearance of this development, uh, as an entryway to Iowa City. Um, and there were a number of provisions put into the, uh, into that Conditional Zoning Agreement to try and make it as attractive, uh, a development as possible, uh, as well as a functional development in terms of, uh, what we wanted to see occur in that area, and real quickly -there's the location on Highway 1. Here's the, uh, an aerial of the existing site, uh, and you see...uh, sorry, I don't have enough room here. I can bring the arrow up...okay. Let me try this...there. Okay. There's the existing Wal-Mart, uh, the Midtown Restaurant, the car wash, the Staples is right there, the former Cub Foods' building is right there. The site plan is a little difficult to see, but that is the 1989 site plan that was connected to the Conditional Zoning Agreement. In terms of our evaluation of the proposed amendment, um, the concern remains the entryway aesthetics, the consistency with the Comprehensive Plan, and the Zoning Ordinance. And I want to emphasize that staff and the Planning and Zoning Commission's review of this matter, just to address specifically some of the concerns that have been raised and the materials you've received, is with that. It has not been with Wal-Mart's position as a corporate citizen or any of those issues. It has been with the consistency with our Comprehensive Plan and Zoning Ordinance, and specifically the entryway This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 4 aesthetic issues, and what we would suggest is that Council needs to evaluate the existing Conditional Zoning Agreement, versus 18 years later what is being proposed now. Um, there has been some discussion and I just thought I would address it in terms of the compliance, or non- compliance, with the Conditional...the existing Conditional Zoning Agreement, by initially the Joseph Company, who was the initial developer. Later their interest was bought out by, uh, Wal-Mart who is now the owner of that interest. Um, and there has been...there have been some statements made that they have...have not complied with the existing, uh, Conditional Zoning Agreement, and I...and I'm sure you'll receive some comments, uh, that address those, uh, later this evening. Um, I would point out that much of the Conditional Zoning Agreement has been complied with. The general layout and landscaping, uh, the location of the access points, the payment/reimbursement to the City basically for the traffic signal that's located there, uh, the sign restrictions, the lighting, the location of the out lots -those things are all consistent with the, um, Conditional Zoning Agreement. What did not occur was in this area, and in this area, and right there, uh, some small commercial spaces that were to have been built, and they could still be built, hypothetically, um, to give more of the cohesive appearance of a, uh, shopping center, rather than a big box development, uh, which in 1989 the City Council determined to be in the best interest of the city. Um, the development has proceeded consistent with those elements, but those elements were not constructed. And so we did want to clarify that. Um, in terms of what is proposed, there is the proposed site plan, uh, which as you can see demolishes the Staples and Cub Foods buildings, eventually demolishes the existing, uh, Wal-Mart, uh, the out lots located in...this area and this area, would remain, but reorients the development to one large building, which would face the highway, the front of the building would face the highway. Um, some things that we specifically negotiated with the developer, in addition to the building orientation were the facade treatment, and I'm going to show you some pictures of that and the articulation of the facade. You may remember some of these same issues with the Menard's property that, uh, we recently worked with them, similar type issues that we have with big box retailer, uh, the proposed proposal here, we were very concerned about landscaping and uh, negotiated a number of landscaping provisions, which you'll see in some of the diagrams. The proposed development has two acres less of paving than the existing development. The new...the new proposal would have two acres less if it was approved and went forward. Uh, pedestrian circulation and access, provision of transit service, uh, those were all addressed specifically in the, uh, proposal that you see. Let's just real quickly run through some of these. iJh, here you see the proposed front of the store, and you can see the building articulation in a lot more, uh, noticeable, a lot more significant compared to the existing structure. Uh, we tried to make sure...you see the front and the backs of the...back of the This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 5 building here, uh, and again, you can see the articulation of the facade. The sides of the building, we had a lot of negotiation with the developer, particularly the elevation that faces, uh, the east elevation that will face, um, Ruppert Road. I mean, in a way, that's a front yard, front facade to Ruppert Road and...and we, uh, wanted to get a much more significantly detailed side to that building than...than the existing building certainly. There's the existing site, uh, showing the Wal-Mart, Staples' properties. Uh, there's the existing side of the building, and again, that's the proposed east elevation of the building there. Um, I real quickly just wanted to run through, um, the elements of the Conditional Zoning Agreement that...the significant elements with you. As mentioned, it's predicated on consistency with the Comprehensive Plan and the Zoning Ordinance, and that this is a major entranceway to Iowa City, um, and I just want to read a couple of provisions here, highlights from the proposed CZA, uh, I think it's worth mentioning, you know, regardless of what you think of these types of development, Wal-Mart is complying with all elements of our, uh, Zoning Code in this proposal, and going beyond what is required in order to address the entryway aesthetics. Um, the development would be required to conform to that site plan...that bite plan, um, in terms of how the, uh, building is located and oriented, uh, the green space, the landscaping, facade design, and the configuration of the parking. I believe there are 835 parking spaces, uh, which complies with, and excuse me, I believe exceeds the...the City's parking requirement, but it does meet the requirement. Um, the landscaped median aisles, as you can see, uh, more extensively landscaped than would otherwise be required. Uh, there will be a public bus stop which perhaps will be augmented with, uh, a shelter if...if justified by, uh, ridership demand. One change that I wanted to notice, or wanted to, uh, bring up, is that there would be three free- standing signs that the third sign, that doesn't exist, uh, currently, would be located at the Ruppert Road, uh, entrance along the east side of the building. They are proposing, and this if approved would give one more free-standing sign to the development, um, there...there are some details which we can go into if you'd like about the phasing and the timing of the development, uh, that are things that have been requested by the developer, uh, we have some provisions for delivery traffic being routed in and out of Ruppert Road, rather than the Highway 1 entrance. And there is also a provision that a building permit, uh, for the construction of the Wal-Mart building must be received within two years, or the Conditional Zoning Agreement would be declared void and it would go back, it would revert back to the 1989 agreement. So with that, are there any questions that I can, uh, answer, uh, prior to you opening the hearing? Or continuing the hearing, I guess. Wright: What would the height of the free-standing signs be approximately? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 6 Davidson: LJh, I don't...I don't know, uh, Mike, but I can get that for you before your next meeting. Wright: Okay, thank you. Champion: And would it be on the Wal-Mart property? Davidson: Yes. Correia: And the gas station, or not the gas station -the car wash and Midtown Restaurant, that's all stays? Davidson: Right. Bailey: Other questions? Thank you. Downer: Madame Mayor, Members of the City Council, uh, I'm Bob Downer. I'm here this evening, uh, representing Wal-Mart Stores, Inc. I have some preliminary comments that I would like to make, and uh, after, uh, I have finished, uh, there will be a couple of people from Wal-Mart who have been involved with the development of the plans for this project, and...and have been, uh, working through the details of this, uh, with City staff as, uh, Jeff had, uh, indicated in his preliminary comments. Uh, there are a couple of things that I wanted to, uh, indicate additionally with regard to, uh, the history of this property and the development agreements that have been present with respect to since 1989, and...and expand a bit on, uh, what Jeff had indicated, and also to, uh, comment on some of the points that have been made, uh, in, uh, opposition to this proposal. Dilkes: Bob, let me interrupt you for just a minute. I'm sorry. You need to disclose your ex parte communications before he proceeds. Bailey: Oh...ex parte communications? Hayek: I was contacted by Attorney Dennis Mitchell representing Wal-Mart about a month ago and he and a Wal-Mart representative came to my office and spoke to me, and I briefly discussed the matter today with staff. Bailey: Okay. Dilkes: You need to disclose the substance, just generally, of those communications. Hayek: Oh, the substance was they went over the materials that I now have in my packet, and uh, showed me their plans. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 7 Champion: I also met with, um, executives from Wal-Mart several months ago, and they showed me their plans, but there wasn't any discussion of anything else. Wright: I think I probably had the same conversation about the same time as last winter. O'Donnell: I had the same conversation also, um, talked briefly about the parking lot. Bailey: Um, I had the same conversation, I imagine we talked about the parking lot - I always talk about parking lots. We also talked about some of their green initiatives that they were, um, considering for this particular building, although I don't know if these have been drawn out in the CZA. I also spoke with staff today and went through some things in the packet, as well, with a question about non-compliance. Okay. Thank you, Eleanor. Downer: LTh, since 1983, uh, the basic outlines of the Community Commercial zone, which is applicable, uh, to this property, uh, throughout the time that this development has taken shape, have been...those requirements have been essentially the same, and have, uh, specifically, uh, referred to featuring a number of large traffic-generators requiring access from major thoroughfares. IJh, this does not refer to, uh, specific pedestrian initiatives or, uh, limitations on vehicular traffic, and we would submit that the property as it has been developed over the course of the last 20 years approximately is fully consistent, uh, with the ordinance. Uh, there...between the initial adoption of the 1983 Zoning Ordinance, through the time of the initial CZA, and the amendment to the CZA in 1996 there was only one word that had been changed, uh, in this particular section, uh, which did not, uh, at all change the, uh, thrust of that particular section, uh, or the meaning of it. iJh, Mr. Davidson has given, I believe, an excellent summary of what the purpose of the action, uh, is that's proposed to be taken, uh, by the Council, uh, this evening. LTh, this has been extensively considered by staff and representatives of Wal-Mart, uh, over, uh, a number of months. Uh, and has been very carefully worked out, and uh, many changes, uh, within the...the site plan have been negotiated, and I would submit, uh, for the benefit of the City. As was indicated there's a considerably larger area in green space, uh, on the proposed development than is on the, uh, present site. There has been a significant reduction, uh, in parking spaces, and there is also, uh, approximately a 9,200 square foot reduction in the total amount, uh, within the buildings. Uh, additionally, this will permit the replacement of a building that has been vacant for some time and I would submit would substantially, uh, improve the aesthetics, uh, both of the subject property and of the, uh, entrance to Iowa City from that direction. LTh, at this point, I would like to turn the podium over to Jeremy Carter and Jacki Cook- This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 8 Haxby on behalf of Wal-Mart who have been involved with the actual engineering and architecture on this site. Carter: Jeremy Carter, um, ARC Design Resources, uh, we're the civil engineering consultant for the project. Um, real quickly, um, couple other people, well, as Dennis said, Jacki Cook-Haxby, um, who's the architectural will be up in a little bit just to discuss, um, some of the building features with you. We also have Ryan Horn here from Wal-Mart, um, who will probably be up at the end to, um, give a little bit more information and answer some of your questions. Um, real quick, I'll go through these slides pretty quickly just to get everyone, um, real quickly, um, the Menard's, the Airport, Ruppert Road, Highway 1. Um, as Jeff said, existing Wal-Mart, Cub Foods, Staples. This is the detention pond; it's behind the store, uh, obviously Highway 1 and Ruppert Road still. Um, existing, a little bit of, real quick, existing site information. Um, current retail square footage right now is almost 199,000 square feet. Um, parking lot is approximately 1,200 spaces, um, as it sits today. Um, this is an overlay of the existing plan on top of an aerial, kind of showing the scale of the proposed building with respect to the, the currently...Cub Foods, the Staples. Over here is the, um, existing Wal-Mart, um, as Mr. Davidson alluded to, this will be built, or excuse me. The, uh, Cub Foods and Staples will be demo'd. This building will be built, and then, um, once open this building will be demolished and the existing, or the proposed parking lot, um, filled in as proposed. Um, for those who don't, uh, shop Wal-Mart, just real quickly just to kind of orient you with the building. Um, there are two...two main entrances. A third entrance over here at the garden center, but there's a... a grocery vestibule and the general merchandise vestibule, um, obviously once you're inside you can move throughout it, but uh, you know, if you're just going to the grocery store, um, part of it over here. If you're just going in for general merchandise over here. In the back is the truck dock where most of the large, all of the large semi deliveries will deliver here. This is an at-grade delivery door. This is for your smaller, um, delivery, your Pepsi truck, your...your postage truck, those sort of things. Um, and then here is the, uh, refrigerator, um, compressor housing, um, obviously and the, uh, grocery store, large freezer cases, um, these are the compressors -just like your refrigerator at home has acompressor -these are the compressors for the, uh, refrigerators and uh, cold storage inside the building. This is the proposed site plan, uh, showing the green space, uh, the existing building, um, it was kind of alluded to. Um, there's going to be two acres more green space than there currently is there today. Um, currently there's roughly six and a half acres, um, at proposed it'll be eight and a half acres. That's a 30% increase in green space. Um, in the actual internal area here, that's 150% increase in green space. There's a lot more green between the building and Highway 1, um, and out in the parking lot than what is...what is currently there. Um, just a, some of the other facts that have This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 9 been brought up, um, existing retail, approximately 199,000; proposed is almost 190,000. Uh, 9,200 square foot reduction in...in retail space. The parking lot is going to go from 1,200 parking spaces to roughly 835. Um, that's a reduction of over 350 parking spaces from what's there today. Green space, as I said, um, going from roughly 26% of the site being green space to 34% of the site will now be green space. That's an increase of two acres. Um, real quickly just to let people see, um, how the site, or how you move throughout the site. Cars coming from Highway 1 can come in, um, hang a right, come in, go left, around, um; cars coming from Ruppert will come in, can make their way up to the car wash or come in, go into the parking lot and then, um, all semi trucks will enter from Ruppert and go around back and park in the truck dock. Um, with that, um, I'm going to ask Jacki Cook-Haxby to come up and talk a little bit about the... Champion: Can I just ask you to, um, clarify something forme? Carter: Yes. Champion: When you say the decrease in retail space, are you including the car wash and Family Restaurant? Carter: No, I'm just including the Staples, Cub Foods and the existing Wal-Mart. Champion: Thanks. Cook-Haxby: Good evening. I'm Jacki Cook-Haxby with the Benham Companies, uh, should this project go forward, we will be the architects and engineers of record for the building. So, as Mr. Davidson previously stated, we have worked very closely with staff and Bob Miklo to come to an agreement on the types of upgrades that would make this a signature piece for Iowa City and the gateway to the city. Um, we've used, uh, a significant amount of brick product along the front of the store, and around the sides, and the ends, uh, we have, this by the way, this is sort of the latest prototype. The interior store plan will be nothing like the one that you see in Coralville, which is the most recent store here. Uh, this is a completely new concept and then we have gone ahead and worked with staff and Bob Miklo to upgrade this to the point where it needs to be for Iowa City. The amount of planters along the front of the store, in the center, have been increased, um, and then we have added planters along the other wings of the store and in the front of the sidewalk. We started with approximately, I think it was 920 square feet of planters, and we're upwards of 4,500 square feet right now, if I remember correctly. Jeremy, you were going to...I always have an issue with this computer button. Oh, thank you. So this represents the flat elevations of the store front at the top, and the store back at the bottom. And of course the store back is much less visible to all This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 10 of the other properties and roads, and so it's not quite as detailed, although we have added the, uh, brick accents at the truck dock wall and then along the garden center, and then again over here where we have, uh, some other, uh, pieces of, uh, dock equipment or...or compactors, and then this is the end of the compressor housing that you're seeing right here, and along the front on this elevation you can truly see the amount of planters that are in the front sidewalk, as opposed to...normally there's one large planter right here under the new trademark, and this is the latest in signage from the Wal-Mart Corporation. You've probably seen it on TV recently in their new ads and the spark actually flashes a little bit. These are the sides of the building. As mentioned before, uh, if you'll all remember the current side of the building facing Ruppert Road is a gray block building with a red stripe painted on it. What we have now is, uh, the quick-brick accent walls, the compressor housing is completely enclosed, and then we've added more trim to the truck dock side. We've also added, uh, for lack of a better term, faux windows in this area. We have additional sidewalk planters here, and a canopy that wraps around from the front. The other side of the building, uh, is representative of the garden center in this area, and then the truck docks, and that again is not visible from any public property. We did go ahead and prepare some perspective elevations from various viewpoints. One would be coming in off of, um, Highway 1; another one from the middle of the parking lot. So A, B, and then one from Ruppert Road, which I think clearly indicate the amount of landscaping overall in the parking lot, and then the amount of landscaping on the building, and the quality of the building that you will be receiving. So A is taken from Ruppert Road where you come off, or from Highway 1 where you come into the parking lot, and you can clearly see that there are a number of trees have been added to what is now there, uh, greatly upgraded. LJh, this is the one from the middle of the parking lot, which shows you a view of the sidewalk planters, the upgraded garden center front, which is where we keep the live goods. In other words, your plants that you buy in the spring and then up to now, although in my area they seem to be changing them out for Halloween decorations. I'm not sure about that, but uh, on the bottom side, this again is the Ruppert Road. As you come in from Ruppert Road, this is the elevation you will see which is a significant change over the painted gray block with the red stripe and very little landscaping. Wright: Excuse me, could you go back to that just a second. I'm just... Cook-Haxby: Be happy to. Wright: On the Ruppert Road and the...(several talking and laughter)... Cook-Haxby: ...push this button...and it didn't do it! Jeremy! You told me all I had to do is push that button. There we go! Sorry. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 11 Wright: That Ruppert Road elevation, um... Cook-Haxby: This one. Wright: Right. One of the...I see some...some I can identify as brick. What are the other surfaces on the walls there? Cook-Haxby: Uh, they are intricately colored split-face block. Wright: Okay. Champion: What is that? Cook-Haxby: Concrete block with a texture to it, and then the color is...is impregnated in it, so it will never come out. You don't ever paint it. Wright: Okay. Is that at the far left end of that, as well? I can....that looks vertical to me and I don't know if that's the screen...yeah. Cook-Haxby: This is, uh, well, that's an eve condition right there for draining the truck dock roof, but this is the quick brick applied over top of the, uh, rest of the, uh, split-face intricately colored block. Wright: And for the panels on the front of the store, that are not brick, is that the same? Cook-Haxby: Here? Wright: Yeah. Cook-Haxby: This particular area right here is a, uh, new product. They're called, uh, truspa panels, and it's sort of a metal and it comes in big squares and different colors, and it is the new, uh, logo and entrance statement. Wright: Okay, and that's surrounded by brick, and then to the right of that, is that the block again with...the yellow color and then the beige? Cook-Haxby: This right here? Wright: Yeah. Cook-Haxby: Yes. And then in front of that we have the quick brick trim, and again over here on the garden center, we also have the band that breaks up, per your ordinance, that breaks up the vertical height of the wall. And it's very, if I go back to...I got it now...ha! No stopping me now! Okay, so if This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 12 we go back to this, what we have is the column bases are all of the quick brick material, and then this is a metal system that holds up the canopies, and then the canopies are like a Texan panel, and we have metal, uh, it's like a grid system that is kind of an awning thing, and then we have the, uh, in some areas you can actually see through this glass, and in other areas where like...your cart area is, um, carat storage area, you can't see through it. Now in the recycling area you can. Because the recycling machines are up against the other wall. So, there's a glass to get in, so you can see into those. Um, the planters are brick, and then the entrance trim is all brick, and then going further out, this brick band continues on, even though it is interrupted in certain plains with other materials, and again, this is, as you can see, the panels right here, in that wall, so those are large metal panels and they're pre-formed and they fit a framework, and they sit in front of...the masonry wall is continuous behind it, and they sit in front of it. Wright: Thank you. Cook-Haxby: Other questions? Horn: (both talking) Uh, Ryan Horn with Wal-Mart Stores, Inc. Um, we've had an extensive explanation, so I'll be rather brief, but I want to make, um, mention a couple things. When this store...1993 when this old store had just been built, I came to Iowa City on a college trip to chose my, uh, place of where I would go to college and I did not end up coming to the University of Iowa. Next time I came to Iowa City after that was three years ago, uh, and it was about, uh, 36 hours after the tornadoes had hit, and took a rather large piece, uh, and by rather large I mean 40 feet by 20- some feet out of the ceiling of the store, and rain was pouring down and then it took 12 of the HVAC units. It balled them up, uh, off the top of the store and it dropped them rather neatly I might add in one place in the parking lot, uh, and we came to the Wal-Mart store that day, um, and...and uh, to look at what happened, and miraculously the Wal-Mart was open, and uh, not only was it open, um, but a number of the folks that are in this room today and the folks that worked there had gone up onto the roof when it happened, run tarps over it to stop the rain, got the old merchandise out, brought all the water and all the things that people would need up into the front of the store, so that they could reopen that store. Um, I remember, obviously this was a very striking kind of a thing, and I say that only to say that...that the group of people that runs your Wal- Mart store here in Iowa City is arguably the best group of Wal-Mart employees in the State of Iowa, arguably. They are inarguably the worst building in the State of Iowa, in terms of a Wal-Mart store. Trying to think of another one. I don't think I'm going to get a lot of disagreement from the room here today. Okay. Um, so a couple of thoughts with that in mind as you consider...as you consider the application here today. I'm This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 13 very pleased by the way the process went. The process went very differently this time than it did last time. Um, we had a great working relationship with Jeff and his team. A lot of back and forth. Long process. We had to give up a lot of the ideas that we thought were better and would work. They gave up some of the ideas that they thought were better and would work, and I think we came to an excellent plan. Um, before we decided to come here, or shortly thereafter actually, and make another attempt at this project in this location, um, we decided to, um, get a picture of our original plan, which looks a little bit less, well, frankly, a little bit less spiffed up. I think this one looks better, uh, and we put it up in the Wal-Mart store in Iowa City over the course of a weekend, uh, and asked people if they would like it, and if they like it, then to sign this petition. We gathered about 1,600 signatures, and about, uh, about 24 hours of operation, and so I brought those with me here today, and I'll submit those to the Clerk at the...at the appropriate time. Um, just a recap what everybody said. I think this is a terrific improvement to the area. Um, I think it presents a retail space that is also capable of being an entryway to a city, even to a city like Iowa City. Uh, I think it's rare that we can see that. What you're seeing here is the brand that we would like to move to. This is what we would like all Wal-Marts to look like in the future. Um, or something approaching it. Uh, but this will be the very first one. We didn't talk anything about the environmentally sustainable things that we're going to put into the store. Uh, that's a very long conversation from light-emitting diode technology to radiant cooling technology to light-harvesting systems, um, all of this in an attempt to...to lower our energy, our overall energy use, which of course is profitable and better for the environment. Um, kind of skip by that, um, but overall I think it's a tremendous improvement to the area, uh, I really hope that it can serve as the gateway to this...to this great community, and then I think, uh, I want to say one other thing. I think about the voices of people that are not often heard. I talked a little bit about the folks that work in this store, uh, and...and the experiences that we have together. I also want to talk about some of the patterns that we're seeing. Um, we have some statistics that we manage in the retail/finance world. Um, one of them is average ring, which is, uh, what the average checkout is at the checkout line. Average ring -how much are people spending per time through, and then the other one is another very important one is customer traffic -how many people are coming in the door and going out. So, in the last like four months or so, we've seen some really dramatic changes in those statistics. What we're seeing is that, uh, despite the big gains you may have seen in Wal-Mart sales, we're doing quite well financially, traffic is actually going down. Uh, and we're seeing...all retailers are seeing that for the most part, and what we're seeing is that the average rings are going up. So, what's happening? People are planning. We're...they're only, the high cost of gas is really straining people, to produce big changes in lifestyle like that means that something is really going on here. Um, we're This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 14 not doctors and we're not lawyers. We don't get to save people. No one's going to put any of our jobs on television. Uh, we don't get to have a dramatic impact on people's lives. What we do when we work for Wal- Mart is we try to make lots of people's lives just a little bit easier, just a tiny bit. The milk is a little bit cheaper, the school supplies are a little bit cheaper, uh, and that allows them to save a little bit more money every week. There's not a terribly competitive grocery environment in Iowa City right now. That's one of the reasons that we'd like to expand this store. Um, and this is what we do. We bring a lower priced alternative to people who can save $30 or $40 dollars a month with us. Doesn't sound like very much; it's you know for a lot of our customers that live paycheck to paycheck, it's a college savings fund that they didn't have before, that they weren't able to afford before. It's a family vacation to go to the family reunion, uh, my family reunion is in Centerville, Iowa every five years. Um, didn't make it this year, anyway, um, these are real impacts on people's lives, and we take that very seriously. And it's something that we're very proud of, uh, there was a mention earlier that this application was about land use, and uh, it's not about Wal-Mart's corporate reputation and role as a citizen in the community. If you're concerned about that, please ask. Let's talk about it. We're here to be judged. We're here to be judged not just on our plan, but who we are, because I'll submit to you that there's 200 people who work in that store down there and they work together for Wal-Mart for a reason. They care about what they do, and they care about the people that they serve here in Iowa City. With that, that concludes our presentation from Wal-Mart, and we will, uh, answer any questions you might have. Thank you. Bailey: Others wishing to speak at the public hearing? Anybody else wishing to speak at the public hearing? Dilkes: We will have to continue the public hearing because we don't have a signed CZA. Bailey: Uh-huh. Please step to the podium, state your name for the record, and limit your comments to five minutes or less. Gravitt: My name is Mary Gravitt and I live here in Iowa City. I'm a senior citizen and I'm disabled. Something that the person said from zoning, he said that they may have a bus shelter. I think they should have a bus shelter, and don't depend on traffic. You're going to have traffic. People come and shop at Wal-Mart...who wants to stand out in the rain and wait for the bus? So, this is...is my main concern. The other thing about small businesses around Wal-Mart. The only thing that you could have that are small business around Wal-Mart is a hot dog vending stand, because who can compete with Wal-Mart? Only the dollar store can compete with Wal- Mart, so small business, you know, small businesses won't do out there, This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 15 and the other thing, and I want the bus shelter, this is what I want, you know, this is what I think we deserve, for people who don't have cars. Bailey: Thank you. Champion: Thank you. Albright: Mayor, Council Members, my name is Darold Albright and I'm a retired businessman from Iowa City. I apologize. I should have gotten here sooner, but figured wiser heads would prevail sooner, but I guess I was wrong. I have with me a P-C article. We keep talking about 1989. Anybody that didn't read this July 28`" issue should, showing the total turnaround from Coralville being an Iowa City bedroom city to it being top dog. Everyone protests that we as a city are not anti-business. Read the facts. We continually get some gad-fly who thinks that he or she knows best what is right for the city and because their mouth is bigger, they get their way, regardless of what the average person wants. Why? Because it costs nothing to be in the `giner. How much is this nonsense cost? Delay the sale since 2005, and it's kept land off the tax rolls. Now we want to suggest that Wal-Mart is not pretty enough. For crying out loud, has anybody driven the Highway 6 bypass with their eyes open? The protagonist in this instance blames Wal-Mart for every known ill known to mankind. Yet anyone with a brain knows that should Wal-Mart unionize, he would be leading the cheers. I do not believe that the City - Council's job is to look out for special interest, but to interests of all people. I retired some years ago, but still own property for which the taxes are shooting upward, there being no rollback for commercial property. Should anyone think that by keeping out large business they are helping small business, they should think again. Let Wal-Mart come in. The water's fine. If they can't compete, so be it. The same is true with any business. Let's get on with business. Bailey: Anyone else? Taylor: Good evening. My name is Wally Taylor. I'm an attorney from Cedar Rapids representing Iowa City Stop Wal-Mart. You heard some of the history of this Conditional Zoning Agreement. The purpose was, back in 1989, to have a pleasing view coming into the city, having small businesses that would add jobs, add good local businesses to the community. Uh, and Wal-Mart was to be one of the anchor stores. Was another anchor store that hadn't been identified. Eventually became Cub Foods, but there were other small businesses, and it was supposed to be a pedestrian-friendly, uh, inviting atmosphere. You saw the site plan, um, I'm sure you've read the Conditional Zoning Agreement. The essence of that agreement was that there would be a cohesive group of buildings, um, that provided continuity and provided, um, an atmosphere. Mr. Davidson This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 16 said, well, Wal-Mart's complied with most of those agreements, or the provisions in the agreement. Well, not the essence of it. You know, they've maybe had some lighting that was, uh, required or some other things, but they have not complied with the essence of that agreement. And that's what is at issue here. I attended the Planning and Zoning Commission meetings, uh, throughout this process. Mr. Horn says it was a good process. Well, it was for Wal-Mart because the Planning Department didn't make them comply with that zoning agreement -there was never even any talk about it! When we went to the Planning and Zoning Commission meetings all they talked about was the color the brick and planting a few trees. They never talked about the zoning agreement and what it meant, what the essence of it was, and the fact that Wal-Mart didn't want to just amend the agreement. They want to just throw it out entirely. That's what's at issue here. And Wal-Mart knew from the time that they purchased the property in 1991 on what the agreement was, it was a contract that they accepted by taking over the property, and they didn't comply. There was a minor adjustment to the agreement in 1996, very, very minor details. The essence of the agreement remain and does remain the same. We don't have this inviting, cohesive, with a group of small businesses that was, uh, contemplated in the zoning agreement. If you grant Wal-Mart's request now then a contract, like the zoning agreement, means nothing. In the larger context, if Wal-Mart is allowed to violate a zoning agreement with impunity, in fact, actually being rewarded for it, how will the City be able to reach agreements with other developers and other businesses? And hope to enforce them? The other developers will simply say they will agree to anything and then do whatever they please, knowing the City will not enforce the agreement. If you want responsible development by requiring concessions and conditional agreements, then granting Wal-Mart's request here would send the wrong message. Iowa City's a unique place. You've heard that tonight, and you've heard it many times before, I'm sure. You've been at the forefront of sustainable development, at the forefront of encouraging and promoting local businesses. I heard in the Planning and Zoning Commission meeting that, well, the...the trend these days is towards large stores, large developments, and um, it seems to me if you look around you will see that most of the new business developments are strip malls. Small businesses in neighborhood type areas, not large shopping malls. I think probably Coral Ridge is the death nails in most of the large developments like that anymore, um, what you see is these small strip malls and small businesses adjoining together to be a neighborhood friendly, um, business arrangement. iJh, Wal-Mart's proposal here with a huge store and large parking lot does not comply with that trend. I've also heard the comment that, well, this is a deteriorating area. We need to allow Wal-Mart to revitalize it. Well, it's not, um, a deteriorating area. That area of Iowa City has many new businesses, uh, car dealerships, other businesses that are going in, in that area along Highway 1. Is Wal-Mart saying their store This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 17 is deteriorating, their current store? Staples wasn't deteriorating. Wal- Mart's driving them out. They were...they were fine there. The only store that's closed is Club...is Cub Foods, and that can certainly find a new tenant, um, this is an area where people and businesses are developing. Bailey: Mr. Taylor, I'm going to ask you to wrap it up. Taylor: And Wal-Mart has the burden of justifying why they should be allowed this request to totally abandon the Conditional Zoning Agreement. The purpose of zoning is to provide a rational, comprehensive, and stable system of land use. When a change in zoning is made on an ad-hoc basis for the benefit of a single entity, the purpose of zoning is violated. The only conclusion that can be reached is that Wal-Mart has not carried its burden to justify its request. They want this just because they want it, they want to build a new store. If you...if you maintain the community vision enshrined in the Conditional Zoning Agreement, ensure that the purposes of zoning are maintained, you must deny Wal-Mart's request. Thank you. Bailey: Thank you. Other comments at the public hearing? Daley: I'm, uh, Dan Daley, a resident of Iowa City. It certainly appears as if we're being asked to bend the rules once more so a large corporation can further exploit local markets and labor. If we permit sweetheart deals, what standing do we have in making our own smaller, homegrown businesses and developers comply with sound, rational planning regulations? These regulations were painstakingly ushered through due process by taxpaying voters. After due consideration and debate, they were enacted by our elected officials. Wal-Mart should adhere to the standards we routinely impose on each citizen, merchant, and developer in Iowa City. To do otherwise grants unfair advantage to wealthy out of state corporations and discriminates against our own economic base. At best, it compromises planning and zoning enforcement efforts. At worst, it could cripple them, and expose us to perpetual litigation. Thank you. Bailey: Thank you. Ondaheler: Hi, my name is Kelly Ondaheler. Um, I just want to make a comment, um, on the behalf of Wal-Mart for my personal self as a worker there. Have both worked in the Iowa City store and...and in Coralville, and I constantly come over and help out in Iowa City if needed. Um, I do have a daughter here in the Iowa City schools, um, and me personally, I shop at Wal-Mart, um, while there, and I do shop at other small business everywhere else. My money spends not only at Wal-Mart, my money spends wherever it's needed. I like to come over in Iowa City to shop. When I'm here in Iowa City, I, um, I'm shopping, and I was told this other This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 18 proposal that Iowa City is getting more businesses, I think, if Iowa City do get more business in this area, and improve, more people will come, and it will, um, eliminate the traffic going out to Coralville, and more revenue will come back into Iowa City, and when this Wal-Mart, if you do let it pass, um, forever reason, I believe it not only will promote more people coming this way, it will promote more people going to the other business, as well as the strip malls, um, I am a fan of a strip mall, um, however, I have noticed that a lot of the strip malls do not get shopped because when it's raining, I'm personally...I don't want to run in from the store if they don't have proper shelter, so...and I have noticed that, um, it has been a lot of the strip malls has been closing down because people are going to this, uh, different business, but I just...that's just my personal opinion and that's all I just wanted to say. Bailey: Thank you. Miller: Hi, I'm Dale Miller from Iowa City. I'm a taxpayer, and I would just like to emphasize that I do have the rights to have that super Wal-Mart in Iowa City. I don't relish the idea of going to Coralville every time I want to shop at super Wal-Mart, eating at places and etc., so I want to ask you to carefully consider, and I think they have a beautiful building designed, so please consider and give it the thumbs up. Bailey: Other comments? Just step to the podium. Gravitt: I said my name before, but it's Mary Gravitt. I like the economic argument. You know, some people don't like Wal-Mart. I like Wal-Mart, because they have what I want when I have any money to spend. You got to look at the economy, the American economy, and how every time you turn on your radio, something else has gone wrong. How every... all our, you know, you start with one bank, then you hear from the bank, and it goes from bank to housing, from Fannie Mae to Freddie Mae. One thing that Wal-Mart has that we need is money, and they can afford to take losses. Gasoline has gone up. Hey, gasoline has gone up. But Wal-Mart can afford to take all those hits. I like moral arguments, and I'm a Democrat and lifetime Democrat and always hear moral arguments, but the Republicans always win. So...so, the Democrats (laughter) got to sort of like, you know, look at that side of the highway with three empty stores and Menard's is empty and all those other stores, let Wal-Mart fill it up! And if they lose money, they got plenty more money. They got deep pockets without end. So I'm for Wal-Mart because I'm for Iowa City. I believe in progress. Crawford: I'm Bob Crawford. I live, uh, out on, uh, out by Irving Weber School on Rohret, and uh, we like to shop on Sunday, and we do not have a grocery store within less than four miles that's open on Sunday. iJh, we can go to, This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 19 uh, Hy-Vee on Highway 6, or we can go to Hy-Vee in Coralville, or we can go to Super Wal-Mart, which is six miles away. Used to be, uh, we've always done our shopping on Sunday. My wife went to Cubs, and then she went across the parking lot to Wal-Mart. Uh, that business, uh, there's been a lot of business that Iowa City has lost because of Cubs leaving town, and uh, the inability to shop on Sunday. Now, Monday through Saturday we have a Fareway that's a small store in the neighborhood, but you can take a look in that store and see that it's doing double the volume that it was designed to do, and I mentioned to one of the cashiers about Wal-Mart possibly coming in, she says, `Bring it on! We can't keep up with it the way it is.' And, uh, so I would encourage you, uh, to do this project because we need a grocery store in this end of town that, uh, is accessible within a reasonable driving distance on Sunday. Bailey: Thank you. Others wishing to speak? Others who haven't had a chance to speak wishing to speak? Sanders: Hi, my name's Gary Sanders. And I am the Chairman of Iowa City Stop Wal-Mart, and at the outset I wanted to say first of all that I was here earlier talking to people affected by the flood. Just my sincere heartfelt thoughts going out to everyone in the community who was flooded out, to everyone who worked on the effort. I am not so single-minded that I think that this development is the biggest issue this city faces. We have some huge, huge problems because of this flood, and also, this is my third time on this basic topic since 1989. It's nice to see Mary in here, and Dale's still here from back in those days, and Mike, welcome to the first Wal- Mart fight on your watch (laughter). Um, but you know, it's...it's just kind of funny. Our lawyer, Wally Taylor, who is the Attorney for the Iowa Sierra Club, pointed out that Wal-Mart never abided by the original zoning agreement, which they initially signed in 1991, and what I just don't understand is should the City reward any business or person, whether it's Wal-Mart, K-Mart, Hamburg Inn, a guy trying to widen his driveway or build a little store, if they break a written agreement with the City? I have friends in business, and I'm telling you, there's hell to pay if you don't follow your agreement with the City. But not here! Not here! And I think that that has to be taken into consideration, that they didn't follow the agreement. And the other is the larger issue, the moral issue, and we've heard that it doesn't matter one way or another what their practices are. This is just a zoning matter. Well, I'm really not buying that. It's all connected, and I know that, you know, there's many people who are tired of hearing how bad Wal-Mart is and, but they are, I mean, it's all out there. The facts are out there, and I want to emphasize something when I speak about Wal-Mart and their corporate practices, I am not speaking about anybody in the room here. Ryan Horn, perfectly nice guy, I've chatted with him. You know, the other folks here, Bob Downer, uh, all the people who work at the store here. This isn't about This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 20 them. I'm not saying any of these people, anything negative about any of these people. We're talking about corporate practices. Okay? That's what we're talking about. And, you know, it goes all the way back to the beginning, when lovable old Sam Walton didn't pay some of his employees minimum wage. He had to be taken into court, and it's just kept on the last 45 years. They've been guilty of sexual and racial discrimination, not paying workers for overtime and breaks. You know, I mean the weight of evidence is monumental. I could have brought in, you know, legal documents that would have been from the floor to the ceiling. You know, I gave you a copy of the July 2°a New York Times' article about the latest case in Minnesota. Flagrant violations. They are habitual and flagrant violator of the law, and that cannot be denied, whether it's - I'm not saying it's going on in the Iowa City store, you know, that's not the point here. The point is that the corporation is asking for something, and I'm not saying that some people...many people like their jobs at Wal- Mart and they're going to be good jobs for people. That's not what I'm talking about. I'm not talking about individual people, working in the stores. I'm talking about corporate practices. And for people, local people, to compare Wal-Mart's practices with Hy-Vee or Lowe's or Menard's, it just isn't true. Yes, those are big corporations that have put smaller stores on the ropes, but they don't compare at all to what Wal- Mart has done, in terms of abusing workers. There's not even a comparison. And I realize, you know, none of this means anything to the millions of people who shop there every day, to the thousands of people who shop at the...at the Wal-Mart here in Iowa City or Coralville, but that doesn't make it right. You know? To me it's like the fact that we've got 120 countries and all the media in the area genuflecting in Beijing to a country that oppresses its people on a daily basis, and has butchered people in the recent history. You know, seemingly we don't care, we're all watching the Olympics. Who care? It doesn't make it right, just because everybody's bought into it. It's the same with this. It just doesn't make it right that just because millions of people shop there, and...and finally, you know, almost finally, the fact of this new thing about green. I...it just, that one really gripes me because that's just hogwash. You know, they can build the greenest store they want here, fine, but on a corporate level to call Wal-Mart green is...is just not true! I mean, even their CEO, Lee Scott, spoke at a conference in California. He was quoted in the Wall Street Journal saying, `We are not green.' You know, they're paving millions of acres a month, dozens of empty stores all over the country, products manufactured in countries without any environmental, you know, laws at all, shipped all over the world. Not green - no! And, I know that maybe this is uncomfortable for some people up there, but I have supported many of you. I admire much of what you've done. I've...I know that most of you are Liberal Democrats who caucused for Liberal Democrats, and I'd like you to think about how that relates to what you do here. What is your philosophy politically? How does it translate This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 21 into actions here locally? Yes, even on a tiny zoning issue it matters. It does matter, and it's time that these kinds of things are considered, and to compare us to Coralville, it's apples and oranges. Everybody knows that. By voting no on this, you're not anti-business. You're anti-outlaw business. That's what it is! You're not anti-business. Coralville's a whole other story. We're not talking about them. We can't even discuss what they're doing. It doesn't make any sense. They have their rules. They have people there, what they follow. They did something with Coral Ridge on a TIF that I thought was right up against the line. Right up against the line. And finally, Madame Mayor, and other Councilors, I just want to call your attention to this headline, headline in the Press-Citizen editorial -Hold Companies Accountable For Labor Violations. Now, their talking about Agri-processors. Now I'm going to tell you something, I am totally opposed to what Agri-processors has done, but if you put the stack of legal documents on Agri-processors on this floor and compared it with what the legal judgments, not just the lawsuits, but where Wal-Mart has been found guilty, there is absolutely no comparison. It is time, it is time that we hold companies accountable for labor violations. It is in your purview to do that. It is in your purview to consider this when you make your vote. Thank you very much. Bailey: Thank you, Gary. Others wishing to speak at the public hearing? Okay. Do I have a motion to continue this public hearing to August 26tn~ Champion: So moved. O'Donnell: Second. Bailey: Moved by Champion, seconded by O'Donnell. All those in favor say aye. Okay. Hayek: Can we confirm why it's being continued, just for the public's benefit? Dilkes: The Conditional Zoning Agreement is not completely signed, and it must be, uh, prior to the close of the public hearing. Correia: I have a quick question about the bus shelter. I saw there was conversation in Planning and Zoning Commission about the bus shelter so where is that? Davidson: Uh, there was conversation, there has been conversation in terms of the Conditional Zoning Agreement, uh, the way it is left right now is that the City will be responsible for the bus shelter facilities that will be provided on Wal-Mart's property. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 22 Correia: Okay, and is that now gone to our Transit Department? Will that, I mean.. . Davidson: No, as I said in the staff report, Amy, that, you know, we're handling this the way we handle any bus shelter facility, or bus stop facility. They'll be a bus stop there, uh, you could direct Transit to have a bus shelter there and there'll be a bus shelter there. Correia: Okay. Davidson: Otherwise it would be evaluated the way we always evaluate it. Bailey: And why is the City paying for it and not Wal-Mart, and why is it being done not in their, um, it would make sense to do it with their construction, so it would be designed appropriately, and... and coherent with the design.. . Davidson: We did suggest that Wal-Mart should be responsible for the bus shelter facilities, and I would have them address why that's not the case. Bailey: Would anybody care to address that, please? From Wal-Mart. Mitchell: Uh, Dennis Mitchell from Meardon, Sueppel, and Downer. We have had ongoing, uh, conversations about that, uh, from, uh, Wal-Mart's perspective, we do think that provides a public benefit and so, uh, but at this point we've talked to the City about Wal-Mart will make space available and we're in the process of working out the terms and conditions of that. Bailey: It seems to me that it would be more coherent with your design if actually Wal-Mart would take care of it, and do it in something that would be, um, complimentary. Champion: Have we ever put a bus shelter on private property before? O'Donnell: Who's the last...what's the last time we did it, Jeff? For who? Davidson: Uh, Mike, I'm sorry. I don't know exactly when. I mean, there's a...there's an Iowa City Transit bus shelter on Wal-Mart property currently. Champion: Well, they could just move that one. Davidson: That's exactly what we may do, Connie. (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 23 Champion: The other question is I want to know about those, since we're going to be continuing this, I want to know about where those free-standing signs are going to be and how tall they're going to be. Davidson: I apologize that I can't tell you how tall they're going to be, but I can show you where they're located. (mumbled and several talking) Yeah, here...and they are located, the two existing signs...actually, Jeremy, can you recall where they're located just exactly? The new one, if I can...okay. Actually you were using the pointer - can I use your pointer? Let's see...uh, there's a sign in this vicinity and a sign in this vicinity, under the...okay, right there. The new one, Jeremy, can you point out...just north of the "C", right there. And it's basically to provide signage...basically to provide signage for the Ruppert Road entrance where there is currently not signage. Champion: Just like Hy-Vee would have one at another location...okay, all right. That's what I wanted to know. Davidson: And I will get you the information on the height of the signs before your first consideration. Champion: Mike just pointed out that they can't be very tall because of the Airport. So I might not need to know the height. Will they be taller than my porch is long? (laughter) Wright: I think Jeff is already going to get the...I'd asked about the height earlier, so... Champion: Okay, great. Bailey: Do we have a motion to defer first consideration.. . Karr: Can we have a vote on the continuation? Did we do that? Bailey: Oh, I'm sorry (several talking). All those in favor of continuing the public hearing to August 26"'say aye. Those opposed same sign. Motion carries. Karr: Motion to accept correspondence? Wilburn: Motion to accept correspondence. O'Donnell: So moved. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 24 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Bailey: Moved by Wilburn, seconded by O'Donnell. All those in favor say aye. Those opposed same sign. Motion carries. Now may I have a motion to defer first consideration. Wilburn: Move to defer first consideration until August... Bailey: 26th Wilburn: 26th Bailey: Moved by Wilburn. Wright: Second. Hayek: Second. Bailey: Seconded by Wright. All those in favor say aye. Those opposed same sign. Motion carries. We are going to take aten-minute break. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #4 Page 25 ITEM 4. PLANNING AND ZONING MATTERS. b. CONSIDER AN ORDINANCE REZONING APPROXIMATELY .28 ACRES LOCATED AT 700 SOUTH DUBUQUE STREET FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERCIAL (CI-1). (REZO8-00007) (SECOND CONSIDERATION) Bailey: The applicant has requested indefinite deferral. Correia: Move to defer indefinitely. Hayek: Second. Bailey: Moved by Correia, seconded by Hayek. Do...just a point of discussion, why are we deferring indefinitely, just the applicant request? Davidson: Uh, they have a perspective tenant that is interested in it as a CC-2 use, so they're exploring that first. Bailey: Great. Okay. All right, all those in favor of deferral say aye. Those opposed same sign. Motion carries. Karr: ...accept correspondence? Wilburn: Accept correspondence. Correia: Second. Bailey: Moved by Wilburn, seconded by Correia. All those in favor say aye. Those opposed same sign. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #6 Page 26 ITEM 6. CONSIDER A RESOLUTION ADOPTING A MASS EVACUATION PLAN TO BE IMPLEMENTED IN CASE OF AN EMERGENCY REQUIRING EVACUATION OF THE CITY OF IOWA CITY OR PORTIONS THEREOF. Champion: Move the resolution. Wright: Move the resolution. Bailey: Moved by Champion, seconded by Wright. Discussion? Do we have anybody from staff to speak to this issue? Lombardo: Unfortunately, Mike Buser could not be here with us this evening. This plan was in the works, uh, prior to the flood event, and uh, was under, uh, development at the staff level, um, Mike and some of the folks in the Fire Department, and others, had modified it somewhat and I can't speak specifically, but um, Ron is here...well, you're not Mike, but Ron is here to join us and speak to this issue. Bailey: Ron, great! Knoche: This was, uh, in coordination with the Johnson County, um, Emergency Management. They actually got a grant from Homeland Security to develop a plan. Uh, we hired a consultant out of Postville, Iowa to develop a plan, in coordination with the University of Iowa, um, Johnson County, uh, Iowa City Community Schools, and then ourselves, and putting a plan together. Um, the plan was actually developed and ready to go prior to the flood, and then after the flooding event and some of the legislation that was passed here at the City we had to revise it a little bit, but this is a...a updated version. Bailey: Okay. Wright: The flood really underscores why we need something like this. Knoche: Exactly, yep. Bailey: And you said in coordination, um, with these other entities, so I'm assuming that all of our evacuation plans dovetail and...and we have a coordinated plan for... Knoche: That's correct, and the University's plan is actually a part of our plan. Bailey: Okay. Hayek: Did the flood experience inform this document, uh, at all? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #6 Page 27 Knoche: Yes, it actually, um, part of the refinement that we went through was updating it, what worked and what didn't work with the flooding event. Lombardo: And on that same note, we're...we're going to be debriefing at the staff level, um, to discuss, you know, what went well throughout that event, what areas do we need to refine, and hopefully bring some learning into that process and should we ever have to mobilize for any type of disaster, uh, we hope to learn...apply those lessons learned and make it an even smoother process next time. Bailey: Other discussion? Thanks, Ron. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #7 Page 28 ITEM 7. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE THIRD AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DEVELOPER MGD, L.C. FOR THE REDEVELOPMENT OF SYCAMORE MALL. Wright: Move the resolution. O'Donnell: Second. Bailey: Moved by Wright, seconded by O'Donnell. Um, I see that we have Wendy Ford here for discussion. Ford: Here to answer any questions, but just to give you a quick brief. The Economic Development Committee approved this recommendation for a third amendment to the agreement for the, uh, TIF financial assistance the City first initiated in the year 2000, um, MGD and its subsequent, uh, smaller breakout companies, um, now are required to come back to the Council if there is going to be a transfer in ownership, and indeed there is. The main motivation for which is to get, uh, MGD or Hodge, uh, Construction and their company, uh, freed up of some cash to continue reinvesting in our community. They have, uh, a purchase agreement, uh, under negotiations with Core Investors, who are a group of tenants in common, essentially the same kind of investors who pooled their funds together to, uh, gain, uh, a benefit at the end, as well, uh, all with an interest in coming out with this benefit, uh, particularly important in this one is that they would retain Hodge Commercial Management as the day- to-day operations company for the Sycamore Mall, and in fact, Hodge Commercial Management will be responsible for the property continuing its final two years of performance, uh, measurements that you have put in place for them to receive those additional final two TIF rebates. I could go on a little bit more, but I think, um, that's the basis...the basic parts of the information, and finally, I would say, um, in large part I think that the, uh, goals for this particular project which were to get reinvestment in the Sycamore Mall and to raise its property, uh, value have been met, and in fact the, uh, the property values have increased more than $10 million since the first agreement was put in place in 2000. Bailey: Thanks, Wendy. Any questions or discussion? Hayek: Just want to disclose, um, that, uh, my wife works for the law firm that's representing the applicant, um, she's not involved with this matter with this client, um, I don't think there's a conflict. Iran it by City Legal, and they agreed, and I will participate in this discussion and this vote. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #7 Page 29 Bailey: Okay, thank you for that. All right, further discussion? All right, roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #8 Page 30 ITEM 8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE APPROVAL OF EXTERIOR CHANGES TO THE CAPITOL STREET ELEVATION OF OLD CAPITOL TOWN CENTER LOCATED AT 201 S. CLINTON STREET FORA 3~ FLOOR AND ELEVATOR ADDITION. Wright: Move the resolution. Correia: Second. Bailey: Moved by Wright, seconded by Correia. Discussion? Hayek: What, uh, portion of the mall is this? Is this.. . Champion: Isn't it the theatres? Hayek: That's my understanding, but I just wanted to... Digmann: I'm Kevin Digmann with Hodge. I can kind of explain what's going on here. Um, part of where the theatre used to be, there was a tall ceiling in there, so part of the transaction with the University is that they're going to put a third floor, kind of an oversized mezzanine in that area. Part of the challenge was to get, um, elevator access to that third floor. So what happened is, if you're on the west side of the building, kind of where the CVS entrance is, there's kind of a planter, or as you're walking into the building, a planter on the left-hand side there. So we're going to put an elevator tower right there. That will go up to all three floors of the, or the second and third floor of that space. That's the plan, so... Hayek: This is University-owned property at this point, or is this... Digmann: They don't own it currently. It's under, you know, they haven't closed on it yet. It's still... Hayek: They're leasing it and... Digmann: Yes. Hayek: ...and will purchase it? Digmann: Yeah, they're going to purchase it. Bailey: Glad you were here. Further discussion? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #8 Page 31 Hayek: I want to say one thing, and I'm going to support this. This is more a comment directed at the University, um, I'm disappointed that the University is missing what I believe to be an opportunity to engage students in productive ways. We've had this discussion on, uh, alcohol use for a long time, um, and I believe that a considerable amount of consensus in the community that movie theatres are widely considered a great way to do this, um, it's their business. They're leasing the land and they will ultimately buy it. I'll support this, but uh, from the perspective of engaging students on campus, this does not make sense to me. Wright: I concur with what you said completely. It's a phenomenally messed up opportunity there. Champion: Well, I'm not going to support it, not because I don't like Hodge Construction and I don't want the elevator there, but I want to make a statement that I'm very disappointed that the University keeps buying more downtown, commercial space. I think it's a big mistake. I think it's going to be very damaging in the long run to Iowa City and to our economic health, and I'm just going to vote no as a protest. Bailey: Any other comments? O'Donnell: I will be supporting it. That's all. Bailey: Okay. Roll call. Item carries 6-1, Champion voting in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #9 Page 32 ITEM 9. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE NOVEMBER 5, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. Wright: Move the resolution. Correia: Second. Bailey: Moved by Wright, seconded by Correia. Discussion? Rick, did you want to comment at all on this, or do we have questions for Rick? He's here. Hayek: Make it worth his while. Bailey: Yes. Fosse: Well, the long and the short of it is, the DNR just completed a major overhaul to their landfill regulations, and it caught us midstream in the design of our next cell for the landfill, so that's what this item was about. They also overhauled their rules for the operation of a landfill and for household hazardous waste facilities, and that's what the next item is about, that we...we outsource a portion of the engineering services for those day-to-day operations, testings, and environmental obligations. Those have ratcheted up so we need to, uh, compensate our consultant for that. Bailey: Okay. Any questions for Rick? Thanks. Fosse: Uh-huh. Bailey: Okay. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #12 Page 33 ITEM 12. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ROHRBACH ASSOCIATES PC, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR FIRE STATION #4 PROJECT. Correia: Move the resolution. Bailey: Moved by Correia. Wright: Second. Bailey: Seconded by Wright. Discussion? O'Donnell: This is $267,000. We're presently building a fire station off Melrose. I'm wondering are there no...is there any way that the plans can't be interchanged some way? Lombardo: The...the building themselves are site specific and based on the types of operations that are going to be running out of them, um, and so the short answer is no, that based on the lay of the land, and how this building fits, it's somewhat unique. Uh, this will bring us to the...the stage of having plans and specifications for a building, and...and not further than that, and when, as we work through budget, we come up with strategy for staffing it, then we can discuss timing of the actual construction and when we expect to see that happen. Champion: But I...I'm going to sound like Bob Elliott. This doesn't do...what does this do, for $160,000... $267,000? Lombardo: The building is projected at a cost of about $2.6 million and it's about 11,500 square feet, and so this is, uh, the design, the elements for, uh, developing these plans and specifications. Champion: This is the architectural work? Lombardo: Designs, specifications and plans. Champion: Okay. Now I get it. Correia: And so, I mean, will this include the LEED specification, I mean, are we planning to do LEED? Lombardo: That's certainly going to be a part of it. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #12 Correia: Okay. Lombardo: Yeah. Champion: Bailey: Page 34 I understand now. For some reason I thought we had to have an architect on top of all that. The, uh, the consultant agreement includes, um, bidding and negotiation, construction administration and commissioning in the timeline. Are we going to amend that, based upon your previous comments? Lombardo: LTh, this gives us, uh, the ability to have the bid and the pricing structured up...up front. We can...we can stop the process or advance it, based on information that we know, once the plans and specs are complete. Bailey: Okay, so we may anticipate that the bidding and negotiations portion of this timeline may change, based upon further discussions. Lombardo: It could. Bailey: Okay, thank you. O'Donnell: I'm going to support this, because I...I really pushed for that fire station on that side of town, but it just...and I know that we've probably thought out the idea of all the cars being backed up at the stoplights, or the stop signs, and certain times of day when it appears very difficult to come out of the fire station, and I'm just...I just want to be reassured that we've thought that out well. Lombardo: In the design, I mean, traffic, they've looked at it from a traffic and entrance and egress perspective. That's all been built into the initial lay of it. Certainly, I would presume more discussions would be had when they do the actual design element and make sure that they're working.. . Bailey: Eleanor, you had a comment? Dilkes: We have a general provision in our, all our consultant contracts that allow us to stop services on seven days notice, so that shouldn't be a problem. Um, and secondly, uh, Ron Knoche and uh, Kumi wanted me to let you know that the price in the comment is off by $600. It's $267,600. O'Donnell: Oh, so it's higher. (several talking) That makes me feel more comfortable. Hayek: Is this amount of money part of the estimated $2.6 or in addition to it? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #12 Page 35 Lombardo: In addition to. And the $2.6 is a...an estimate, based...an engineer's estimate. Bailey: Once we get it designed we'll find that it's probably higher...going to be higher. Sorry. Any other discussion? Okay, roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #17 Page 36 ITEM 17. CITY COUNCIL INFORMATION. Bailey: Um, Council Member Wright? Wright: I have nothing informative. Bailey: Okay. Fair enough. Champion: Now everybody knows! O'Donnell: That's informative...that's too much information (laughter) I really wanted to comment on the discussion on Wal-Mart tonight. Too often we sit up here and we hear one side, and it was really interesting to watch the different sides step up and speak their opinion, but I wish there were more of that. As the City Council you sit here and, uh, and you want participation by the public, and uh, we should encourage more of that. Bailey: (mumbled) Wilburn: Um, classes in Iowa City Community School District start on Monday, the 18th, uh...l8th, is that right? Yeah, 18th, so just good luck to all the parents and kiddos out there, and uh, welcome to the new teachers in the Community School District. I believe there were over 90 hires of new teachers, and the Chamber is doing their new welcome banquet this Friday, so...off to another year. Bailey: Thanks for the reminder. Wilburn: Yep. Bailey: Mr. Hayek? Hayek: Uh, the ad-hoc committee, and I'll call it the ad-hoc committee, on...on financial relief for businesses that were affected by the floods, um, met three times, uh, went through the applications, uh, have distributed the funds that the City put forward to that effort, um, there's a similar Chamber committee, uh, following closely on our heels and so good progress is being made on...on financial assistance to businesses. Bailey: Thank you. Council Member Correia? Correia: Nothing. Bailey: Nothing? Um, I just wanted to comment on some of the comments that Steve McGuire made tonight that I really encourage all of us to begin to think in that direction. I think what the neighborhood is really asking us This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #17 Page 37 for is our commitment to, um, well, our vision for what we see in their neighborhood, and it sounds like they have some ideas and perhaps they're speaking with you, Michael, about this, but I think that that would be something that we should encourage some dialog on as we move forward into this... Champion: I agree with you, Regenia. I was going to bring that up too, because I think he made a very good point. Do we really want all this, um, flood plain, and no, I don't. You know? So, I think that's a good discussion we should probably have as soon as possible, because a lot of that land could be rehabbed in some way to make it taxpaying property. Bailey: And I don't think that necessarily changes our commitment to what people are interested in, but I think we need to start thinking about it, because if they are really looking to us (several talking) Wilburn: We probably shouldn't discuss this since the public was... Bailey: Right, I was just cuing you to think about it for the next work session. I think we all need to give it some thought, because, and as you talk to the neighbors, I don't know what they're saying, so it would be good to have that. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008. #18 Page 38 ITEM 18. REPORT ON ITEMS FROM CITY STAFF. a) City Manager Bailey: City Manager? Lombardo: Um, I and department directors and Kathy will be unavailable tomorrow morning. We're engaged in some team building, uh, and assessment work and so we'll be tied up in the morning, but uh, should be back at it around noon. Wilburn: Literally tied up, or... Lombardo: Depends on how well they behave. (laughter and several talking) This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of August 11, 2008.