Loading...
HomeMy WebLinkAbout2010-10-11 TranscriptionPage 1 ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Weber Elementary Hayek: Would the students from Weber Elementary please step forward. Hi, guys! I'm Matt Hayek, the Mayor, and this is the City Council standing behind you and uh, tonight is a very special night for us because we get to recognize our student leaders, and what are you guys, the Dolphins? Is that right? All right! Well, uh, the way this works is that we'll hear from each of you and you'll tell us a little bit about yourselves, and then I'm going to read an award for you. So we can start with you, young man! Hanson: Hi, my name is...no! Hi, my name is Kevin Hanson and I would just like to thank the City Councils and my teachers for honoring the students in our community for...with the award. In school I'm involved in band, orchestra, football, conflict managers, safety patrol, and...and school store. I also enjoy being in Boy Scouts. (mumbled, several talking) Uh...I also enjoy being in Boy Scout Troop 211. My class has a buddy class of younger students and I enjoy being with all my friends of all ages at Weber. I use the core virtues of honesty and responsibility in my role as conflict manager captain. Thank you, and I... and I appreciate this award. (applause) Tauchen: I'm Ali Tauchen from Weber Elementary and my main service is as safety patrol captain. During the day I do conflict managers and media helpers too. Being the safety patrol captain I need to get to school at about 8:15 to make sure everyone is on their patrol and is at their assigned post. Some other things I do is putting up the flag and taking it down; taking team 1 kids to the busses; and making sure that kids are safe. Being a conflict manager I leave class to help team 2 kids solve their problems at recess. For example, if they can't make fair teams or if they are arguing, I can help them learn the core virtue of respect. As a media helper I stay in for recess and help the librarian and assistant librarian organize the library. Other activities I'm involved in are orchestra, Girl Scouts, softball, basketball, soccer, and volleyball. The reason I do these things is because I feel that it makes me awell-rounded person. I believe that we should have a clean and safe place to be, and the teachers do so much for us, and I think that we should give back to them. (applause) Guymon: My name is Kaylee Guymon and I attend Weber Elementary. There are many things I help with at my school. I'm a captain for safety patrol cause I think it's important to keep kids safe. I work at the school store which helps the school earn money for supplies, and it helps with math skills. As a media helper I keep the library clean and organized. I also enjoy playing soccer, attending my youth group at church, babysitting, and playing piano. Thank you for giving me the Outstanding Student Citizen Award. (applause) Hayek: Well thanks to the three of you, and you know one of the reasons we...we invite, uh, students to come to our meetings and get these awards is to recognize what This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 2 you do for your community. It's not only your neighborhoods and your schools, but really the community at large. Scouting and... and safety patrol and all of these things are...are really important and...and we want to recognize that, and we also want to recognize your parents and teachers, some of whom are...are in the audience today, um, and recognize your school's....your school generally. Thank you so much for your work and...and I'm going to read you an award. We have the same one for each of you, but each has...has your individual names. It's called a Citizenship Award. It says for his or her outstanding qualities of leadership within Weber Elementary, as well as the community, and for his or her sense of responsibility and helpfulness to others, we recognize you as an Outstanding Student Citizen. Your community is proud of you. Presented by the Iowa City City Council, October 2010. Champion: That's great! (applause) This represents only a reasonably accurate transcription of the special formal Iowa (;ity City Council meeting of October 11, 2010. Page 3 ITEM 3. PROCLAMATIONS. a) International Day for Disaster Reduction -October 13, 2010 Hayek: (noise on mic) Item 4 is consider adoption of... Karr: Mr. Mayor, do you want to do proclamations? Hayek: Oh, you're right! We have two to read. I am jumping ahead of myself! (laughter) First proclamation is for, uh, International Day for Disaster Reduction. (reads proclamation) Karr: Here to accept the proclamation is Luke Juran. (applause) Juran: Thank you, Mayor. Um...disasters, uh, are a pressing reality and no city...on any far reaches of the globe is immune to the effects of natural disasters. Um, one way of recognizing that fact is to mark the international day for disaster reduction, which has been done by the City of Iowa City, and I thank them for doing so. Thanks. Hayek: Thank you! This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 4 ITEM 3. PROCLAMATIONS. b) Founder's Day -October 26, 2010 Hayek: We have another proclamation, uh, regarding Toastmasters. (reads proclamation) Karr: Here to accept the proclamation is Betty Dizard. (applause) Dizard: To his Honor the Mayor, Council Members, and visitors, we the Toastmasters of Iowa City and Coralville really do appreciate your time in making this proclamation possible. We have been working hard since 1924 to develop speech and comm....communication skills. You can't tell it by me here tonight (laughter) communication skills for all walks of life and to enhance our ability to make people laugh and always be ready for a story to tell. So thank you so much for your time! We really do appreciate it. On behalf of Area 36 as their Governor, thank you so much. Hayek: Thank you. (applause) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 5 ITEM 6. PLANNING AND ZONING MATTERS. c) AMENDING TITLE 14, CHAPTER 5, ARTICLE J. FLOODPLAIN MANAGEMENT STANDARDS TO REGULATE THE 100 AND 500 YEAR FLOODPLAIN AND ASSOCIATED CHANGED TO 14-9F FLOOD PLAIN MANAGEMENT DEFINITIONS, 14-4B-2 VARIANCES AND 14-8B-5 FLOOD PLAIN DEVELOPMENT PERMIT. 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development for the City. Uh, the first item, uh, that you're going to have a presentation on this evening under Planning and Zoning items is, uh, suggested amendments to the flood plain management ordinance. Uh, based on what we learned in both the 93 and 08 floods, uh, staff has given a lot of consideration to suggesting amendments to our flood plain management ordinance. Um, those, uh...that...that discussion has been as I say debated significantly at staff. There's also been a lot of discussion at the Planning and Zoning Commission. If you had a chance to read those minutes, uh, there was two meetings where there was substantial discussion at the Planning and Zoning, uh, Commission. We do have some recommendations to, uh, give to you this evening, and Julie Tallman, the Development Regulation Specialist for the City, City's expert basically, is going to give those to you. Um, there has been fairly good coverage of this in the media, and we did have some public, uh, comment made at the Planning and Zoning Commission and again, uh, Julie can cover that for you. Uh, but with that, Julie, would you like to, uh, take over here? Tallman: Thank you, Jeff. Um, I have a presentation prepared if there's (mumbled). Okay. Could somebody help me find the right...drive. Is it... Wilburn: Think you need to go into the my computer drive first. Tallman: There we are! Okay. Thank you. (laughter) Hayek: Thank you, Mr. Wilburn! Tallman: All right, um...there are four objectives in these suggested amendments. One is to broaden the regulations so that both flood plains are, uh, subject to certain protections and minimum standards. Uh, and we' 11 get into the reasons for that and...and how we're going to do that as I progress. Um, another thing that we discovered during our meetings is that there's currently no provision for a variance from flood plain regulations. The Board of Adjustment is entrusted with finding that the situation is particular to the property in question and not shared by This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 6 others in the same area, and that's a test that's impossible to meet for properties in the flood plain. Uh, we also identified some uses that are simply not appropriate in a flood plain, not only because the populations are more vulnerable, but because, uh, risk is increased to emergency responders, if they have to evacuate those types of uses. And then finally, um, reserving open land in the flood hazard area is a key objective of any flood plain management standards because the best use of land...the best use of land between a floodway and development is open area so that the water can be conveyed and minimize damage to existing, uh, existing structures. As we know, um, the flood events of 1993 and 2008 caused huge damages. I've got some figures here from a report that was prepared shortly after the 2008 flood. $34 million to construct levees in Parkview Terrace and Idyllwild, and I know not all of these were, um, obviously funded, but it's just an idea of the scope of damages that occurred. Uh, $40 million to relocate the north wa...waste water treatment plan. $3 million to elevate Foster Road. $1 million to elevate Normandy Drive, and Manor. $5 million to elevate the Park Road bridge. Uh, $2.4 million to acquire land to get developed, or developable areas, out of a flood hazard area. $650,000 to put in new storm sewer backflow devices in several neighborhoods. And the other thing that we discovered, in those 15 years when we had two huge flood disasters, that the perception that a 100 year flood only occurs once every hundred years, and a 500 year flood only occurs once every 500 years is inaccurate. And the challenge isn't so much how to properly permit future development in flood plains, but also how we protect our existing investments, pardon me (noise on mic) in flood hazard areas. So how do we do that? Well, for new structures we, and for flood protection systems, waste water, and water distribution, uh, we will, if these...if these amendments, uh, are accepted, um, these types of new development will be required to be constructed so that they're elevated not one foot above the 100 year flood, but one foot above the predicted 500 year or 2/lOths of a percent flood. And we've got to stop using descriptions that lead to a false sense of security. One hundred year and 500 hundred year are misleading terms. 1% and 2/10th of a percent are too abstract. They are both flood hazard areas. Existing commercial structures have an option of either elevating, or using flood resistant materials. We saw that with the Wig and Pen after the 2008 flood. They, um, used materials like pressure-treated lumber, water resistant glues, metal doors and window frames, waterproof mortar, and concrete block. So, it's not quite as difficult to, um, although it's certainly expensive, but whenever a commercial use in a flood plain wants to invest significantly in an improvement, or apost-damage reconstruction, um, it is possible and they have a few more options than residential structures do. With residential structures...there's not an option for flood proofing. Residential structures the lowest floor needs to be elevated to one foot above whatever the flood hazard elevation is, that we're regulating to. Um, but there's flexibility in those standards. Attached garages, for instance, are exempt from the elevation standard because you can mount utilities in a garage so that they're above the flood hazard elevation. You can incorporate openings within a foot of the finished grade of a garage, so that waters are allowed to enter and exit, and you don't have collapsed walls. You can have improved space above the garage, uh, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 7 the garage floor itself is exempt. Again, if significant investment is proposed in a residential structure, however, um, and it isn't merely a garage, we do...want to put some caps on how much money is invested in the structure that's subject to flood loss. I, looked at 200, almost 300 flood plain permits that were issued between 2000 and 2008 and I found 20 cases that met one of the two parameters that are described up there. The improvements equaled or exceeded 50% of the home's assessed value, or it was an increase of 25% over the original floor area. Fourteen of those 20 were for post-flood damages. So six, or 2%, of the 288 permits that were issued faced the possibility of either having to scale back a project or elevate a lowest floor, an existing lowest floor that was not compliant. So it doesn't come up a lot. Hayek: Did you say 2%? Tallman: I said six out of 288, or 2%. As I mentioned before, variances are not currently permitted for properties when the circumstances making it difficult to comply is shared by a broad area. Currently a variance can only be granted if a condition exists that's particular to the property in question. So Iowa City's variance language effectively prohibits any variance for a structure in the flood plain. With the proposed revisions, we gave a great deal of time to discuss the fact that structures in historic district might face difficulty getting full compliance with the new standard. And this is true in College Hill, the Dearborn Street, and the Longfellow district. So, we also incorporated specific language that will allow historic properties in the flood plain to be eligible for a variance when full compliance with those standards diminishes the historic characteristics of the structure. We've also added language for what we call critical facilities. This is the north wastewater treatment plant. Water treatment and sewage treatment facilities are by necessity located in low areas and flood plains. They can be flood proof so they remain functioning during a flood, even if they're only accessible by a boat, but other facilities have to remain accessible during a flood event. And they shouldn't be located in a flood plain. Class 1 critical facilities as we've defined them includes police and fire stations, emergency medical centers, communication centers, hospitals, jails, nursing homes and other residential uses for persons with limited mobility or dependency upon life-sustaining medical equipment. The proposed language acknowledges the role that emergency responders play during a flood, not just these vulnerable populations. So keeping hospitals, jails, long-term rehabilitation facilities, and similar uses out of the flood plain lowers the risk to emergency responders. Our understanding of flood boundaries is not complete. Homes that were built to be compliant with the standards that were in effect between 1985 and 1993 suddenly became non- compliant in 2005 when a new map came out showing that the Iowa River flood elevation was actually one foot than it had been...previously been predicted to be. As technology changes over time, as land use change over time, there are continuing possibilities that flood heights will be proven to be higher than they are currently predicted. Open land is the optimal...optimal buffer between development and floodwaters. This is a partial map of the flood hazard areas in This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 8 Iowa City. The orange shaded areas represent the 1 % flood plain. The green represent the 2/1 Oths or the 500-year flood plain. You can see that a lot of the area in here is in the Thornberry Off-Leash Dog Park. We have City Park along here, so much of the expanded area is already open. Some of it, of course down in here, near Gilbert Court and Highland Court are not, uh, excuse me, Stevens Drive, are developed areas and would...certainly the existing structures would be subject to the new regulations. Um, the extent of change between the two flood plains varies a great deal. Uh, around the Iowa River there's a... a four-foot height increase between the two flood zones. Along Willow Creek, it's inches. Along Ralston Creek, it can be as much as a foot, as much as a foot, and when you get closer to its confluence with the Iowa River, it increases as well to several feet. The Department of Natural Resources has to approve our flood plain management ordinance and their approval is pending. Some of the language that they've inserted into our ordinance is present in other chapters in the zoning ordinance, so we just need to reassure them that some of the language that they require is in there. It's just someplace else, and we're um...in the process of...of forming that response to IDNR's review. Once, uh, those cross-references are compiled and submitted, we should have a statement from their flood plain management division that our ordinance is formally approved. Um, and with their approval, if you decide to approve these changes as well, uh, we can move forward. Thank you, and I'll take questions. Hayek: Thanks, Julie. Any questions? Mims: I just wanted to say thank you to all the work that staff and P&Z did on this. As I was reading the minutes over the summer with the meetings it was obvious that there was a lot of time and a lot of discussion and concern about how things were implemented and the impact on people already in the zone, in the flood zones, um, and yet with the eye towards diminishing any future problems, and so I really appreciate the time that everybody, and deep thought that people put into it. I think you came up with a good end product. Wright: One question I had. On the, uh, oh, the variances for residential structures, you cite an example State Farm Insurance, uh...typically will, uh, oh wonder (mumbled) automatic coverage built into homeowners' policies for building ordinances and the law. Is that common with all insurance companies? Tallman: I don't know if it's common, and um, I called the, uh, insurance office for the State of Iowa to find out if that was a required rider, if you will, in any policies that are issued in the state of Iowa. It is not. So while State Farm has it, other carriers may not. Wright: That was one concern that I had, that people could, through no fault of their own really take a hit. Tallman: Certainly! This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 9 Wright: For example, if their house was damaged in a storm or they had a fire. Dilkes: I don't think Julie specifically said, but we...we have to get IDNR approval before, um, we can adopt this. We could move forward with first consideration, um, but if they make changes we're going to have to start over anyway, so I would suggest that we just continue the public hearing and the, um, first consideration until the 26th Hayek: Should...if anyone else is here on the public hearing, should they address us tonight, just to (mumbled). Thank you, Julie. Is anyone in the audience here to address the Council on this item? Okay. Thanks. We need a motion to, uh.. . Mims: Move to continue the public hearing to the 26th Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? All those in favor say aye. Opposed sa~ nay. Public hearing, uh, and first consideration are continued until October 26t . This represents only a reasonably accurate transcription of the special formal Iowa (;ity City Council meeting of October 11, 2010. Page 10 ITEM 6. PLANNING AND ZONING MATTERS. d) 1. PUBLIC HEARING CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID- RP), TO OVERLAY PLANNED DEVELOPMENT-OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT- RESEARCH DEVELOPMENT PARK (OPD-RDP); AND APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. (REZ10-00004) Hayek: This is a public hearing. (bangs gavel) Public hearing is open. And has anyone had ex-parte communication they need to disclose? (several responding) Jeffrey? Davidson: Thank you, Mr. Mayor, uh, Jerry'll be down in a second to bring up, uh, a couple of slides I have to show you. Uh, this item, uh, should have some familiarity, uh, for you. You'll recall in May, uh, you received a sensitive areas, uh, development plan that the Planning and Zoning Commission had approved, based on the information that we had at that time, and we had indicated to you at that time that the sensitive areas' development plan that was under consideration, uh, was one that, uh, had not had the final delineation of wetlands on the property. Uh, it was because of the time of year. There's only certain times of the year where you can delineate wetlands. Um, and that process had not been completed, prior to your consideration then of that, uh, development agreement. Thank you, Jerry. Uh...prior to your consideration of that development agreement, um...yeah...we, uh, did receive additional information that other wetlands had been found on the property. So we basically pulled the sensitive areas' development agreement that you were going to consider, and the developer asked to revise that, and what you have this evening is the revised, uh, sensitive areas' development agreement. Um... as I mentioned, there were additional wetlands located. The original, uh, delineation did locate this wetland right here, and just to...can you, let's see, I think I've got...oops. Well, that orients you on the site, basically the...the next picture I'm going to show you is...is this is the location, uh, we have Highway 1 here, Interstate 80 here, the interchange with Dodge Street right here. Um, this is then that site that we just saw. This brown, these two brown lines, okay, delineate the, um, the stream corridor for Rapid Creek, and within that we knew that this wetland existed. This was in the prior sensitive areas' development plan that you saw, and it's identified as national wetland, inventory wetland. That's the source that we used to...to determine it. It has been field verified since then. Uh, but that was the only one at the time that we thought, and this one, the location of This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 11 Oakdale Boulevard, which you see up here, had been located very deliberately to miss that...that wetland; however, we did...we did find in the subsequent delineation that there were two other wetlands. One located right here, and you can see Moss Place, the loop street, and you can just barely see it underneath there is right here, uh, right smack in the way of wetland "D" there, and then wetland "B" up here, uh, not located quite so badly to...to where Oakdale Boulevard has been, uh, proposed to go, but those were the...the features then that we had to address, uh, in the subsequent, uh, sensitive areas' development plan, which you have under consideration, uh, tonight. What we've been able to, what the developer has been able to work out, and the Corps of Engineers is currently reviewing, is that we're going to do everything we can to preserve these existing wetlands. The one that was originally identified, and you can see the yellow is the actual wetland, and then this shaded areas is the buffer around the wetland, and you can see that for wetland "B" the...the wetland is being avoided completely by all development work, including construction of the road. Now, we...we are going to get in slightly to the buffer as you can see here when Oakdale Boulevard is constructed. That is allowable under state and federal law, and there's...there's certain technique that will have to be followed...that will be part of a permit that the developer receives, uh, regarding the preservation, uh, of this wetland. Now, wetland "D" what we've been able to work out, uh, is that it is going to be eliminated and then a new wetland created, uh, in this area. In fact, you can see this is outlot "C" up here, right...right there is the delineation of the new wetland, uh, called wetland mitigation site here, which will replace, um...uh, wetland "D." Basically it'll be...be compensated is...is what's referred to. Now, for a wetland of this, uh....uh, character, a 3-to-1 mitigation is required for, uh, every acre that, uh, you were to eliminate you have to create at least three acres. Uh, the developer is going to provide a 25-to-l, uh, mitigation so substantially more than is required by, uh, the Corps of Engineers. Um... so that's pretty much the summary in terms of what is now proposed under the new sensitive areas' development plan, and what we'll have you have, uh, in addition to any other comments that are received during the public hearing this evening, uh, you will have first consideration of the rezoning, uh, we'll then have the subsequent considerations, second and third readings of the zonings at, uh, subsequent meetings, and then the preliminary plat. We will require the, uh, final sign-off by the Corps of Engineers before we can approve the preliminary plat, or excuse me, the final plat, which will allow development work to actually, uh, commence out here. So, do you have any questions about the new sensitive areas' development plan that's under consideration this evening? And the developer's representative is here as well if you have any questions for Wally. Thank you. Hayek: Anyone else in the public hearing? You don't need to, Wally, but you're certainly welcome to (mumbled) (laughter) Okay. Karr: Motion to accept correspondence. Champion: So moved. This represents only a reasonably accurate transcription of the special formal Iowa L-ty City Council meeting of October 11, 2010. Page 12 Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? All those in favor say aye. Opposed say nay. Item's accepted. Okay, I'm going to close the public hearing then. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 13 ITEM 6. PLANNING AND ZONING MATTERS. e) REZONING 175-ACRES OF LAND LOCATED ON 420TH STREET WEST OF TAFT AVENUE FROM GENERAL INDUSTRIAL (I1) AND INTERIM DEVELOPMENT-INDUSTRIAL (ID-I) TO PLANNED DEVELOPMENT OVERLAY-GENERAL INDUSTRIAL (OPD-I1). (REZ10-00007/SUB 10-00004) 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Davidson: Uh, the applicant for this item is...is us! This is our project. Uh, this is the City's expansion of the industrial area. You'll recall that a while ago now we purchased the Bonnie Pribble, former Bonnie Pribble estate property and are in the process of developing it into...developing the 173 acres into, um, a...an industrial park, which will continue the growth of industrial property in southeast Iowa City. Here's a location map, uh, to orient you. Uh, here is Scott Boulevard, uh, the existing Scott Six industrial area, uh, U.S. Highway 6, 420`h Street, and then the shaded area is the property, and then of course very important attribute is the Iowa Interstate Railroad, uh, running through the property. Um, there are...in terms of the plat. The plat is the next step in terms of, uh, subdivision of this property into lots, which then can be purchased and developed, uh, for industrial uses, and that is...that is what the purpose of the plat. What's under consideration, uh, this evening is the preliminary plat, but prior to that, uh, a rezoning process. Now you'll recall there's existing zoning on this, uh, property, and that basically we had set up I1 zoning for the area, south of the inter...the Iowa Interstate Railroad, doing it in phases essentially, just like any developer would, and then the area to the north up here reserved for future development with an ID zoning, Interim Development zoning. What's required is because of the City's sensitive area... sensitive areas' ordinance, uh, and specifically the location on this property of, uh, some wetlands, as well as a blue-line stream, uh, we are required to go through a sensitive areas' rezoning. So that's...that's the action that you're being asked to consider, uh, tonight, in addition to the preliminary plat. Um, and that's the reason that the sensitive areas' development plan is required. So basically the sensitive areas' development plan will replace the zoning as one way to look at it, and...and require that this property is developed, in accordance with the sensitive areas' ordinance. Um, in terms of compliance with the comprehensive plan, the property is contiguous with, uh, existing industrial land. It's a good, uh, route to Interstate 80 and Highway 6, and as I said most importantly does have rail access. Those are all things that for this to be industrial property are required. Uh, it is consistent with City Council's policy to encourage, uh, diversification and expansion of the industrial tax base in Iowa City, uh, and then of course the OPD, uh, rezoning that I mentioned will allow it to be developed, uh, consistent with the sensitive areas' ordinance of the City. So we do feel like all those provisions make it consistent with the comprehensive plan. In terms of the environment ...environmentally sensitive areas, there are a small amount, about seven acres of This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 14 jurisdictional wetland as well as a stream corridor on the property, and I guess we're just going to be working with the plat, uh, this evening. Uh, the...if you were to go out to this property and look at it, neither the stream or the wetlands are obvious. In fact, we had to have a delineation done before we even knew where they were. I mean, this entire property has been farmed. It's been tilled. Uh, the wetlands that exist are very low quality, uh, and the stream corridor, you'll recall not too long ago we changed the definition of a stream corridor. A regulated stream corridor, and this does not meet the definition, uh, and that, uh, assessment was done by, um, environmental experts, not by the City, but by people who know how to assess these things. The stream does not have a bed and bank. You'll remember that was the...the...qualifying, uh, features really that were required. Uh, and so it is not going to be regulated under the sensitive areas' ordinance, after that assessment has been done; however, the wetlands, uh, will be. Uh, as I mentioned, we have slightly over seven acres, uh, they are a poor quality and what we have worked out is that this area right here, okay, will be an area of about, um... slightly less than seven acres will be, uh, enhanced, the low quality wetland enhanced to the degree that we can, and there will be not quite two acres added to it, as well. So, uh, we're required to replace anything that we eliminate, uh, on a 1-to-1 basis, so we're exceeding what's required by the Corps of Engineers in this, uh, mitigation plan that you're being asked to consider, as part of the sensitive areas', uh, rezoning. Uh, the mitigation plan will need to be, uh, approved by the Corps. The Corps is reviewing it. It's not done yet. Uh, the...the staff report that you received, which was actually to the Planning and Zoning Commission does refer, uh, to the mitigation plan not being complete. It is complete now. The Corps of Engineers are reviewing it. Uh, in terms of traffic, uh, we've got 420th Street here. We will have two new streets constructed as part of the infrastructure. Uh, this is, uh, Compass Drive, uh, and this is Bull Rush Street. I'm told those are prairie plants, um, that's how their names were derived, and then 420th Street will provide access to the property. Uh, rail access of course, uh, from the Iowa Interstate Railroad - we have worked out an infrastructure plan with the railroad, uh, there'll be citings on both sides of the railroad allowing every lot to have rail access, uh, if... if needed. What we found in working with, uh, industrial development prospects is that even if they're not using rail currently they want to have access to it, and so every lot in this subdivision will have, uh, access to it. Uh, in terms of, oh, and then one other thin, uh, this...this, uh, street here, Compass Drive, will also provide access from 4201 Street, which is in the process of being reconstructed, to additional private property up in this area, um, owned...owned by private developers that will provide access to that, as well. Um, in terms of storm water management, uh, the...the wetland area, the environmental feature being created, uh, will assist with storm water, uh, management on the property, but there will be individual storm water management required on every lot. These will be very large lots, as you might imagine for an industrial development, and uh, each individual lot will be required to provide storm water management. Um...I believe that's everything. Our recommendation, um...oh, our recommendation, uh, was subject to a wetland mitigation plan, uh, corresponding with the preliminary plat. As I This represents only a reasonably accurate transcription of the special formal Iowa c;~ty City Council meeting of October 11, 2010. Page 15 mentioned, that wetland mitigation plan is completed, so that's all in line. Our recommendation is for approval of first consideration, uh, or of the sensitive areas' rezoning and first consideration. Any questions for me? Dickens: Will the eastern edge where Taft is now, improvements made on that? That's in the future... Davidson: There are no...there are no, yeah, that'll be a future capital project, Terry. We have already received this property right here, which is in private ownership, has come in for annexation already. We anticipate the remainder of this private property will also come in. We are presently reconstructing 420t" Street to right there, basically because that's what the State will give us money for, uh, to do. This remaining portion of 420`h and then Taft Avenue, as well as Taft Avenue possibly down to Highway 6, uh, will be a subsequent project after the area starts to build out. Any other questions for me? Wright: Long term I'm just curious about the railroad crossing on Scott Boulevard. Is there anticipation that some day that may have to be raised? (mumbled) Davidson: Um...there...there's...there's nothing planned right now to separate the grade with the street there currently. Um, undoubtedly, Michael, that's going to be something that gets consideration in the future, just like the First Avenue crossing is getting now. Certainly there's not the issues with the Fire Station and a junior high and the sorts of things we have at First Avenue that are driving that grade separation project. But inevitably as the city grows out into this area, and as traffic increases on the railroad, we're hoping to attract Amtrak service and everything else, that'll undoubtedly come up for consideration. Nothing planned now. Wright: Thank you. Davidson: Anything else? Thank you. Hayek: Eleanor, do you need an ex-parte on this when the City's the applicant? (laughter and several talking) Dilkes: Uh, yeah...let's do it. Hayek: Okay. Anybody? (several talking) Sounds good! Anyone else on this public hearing on this item tonight? Okay. I'll close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Bailey: Move first consideration. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 16 Wilburn: Second. Hayek: Moved by Bailey, seconded by Wilburn. Discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 17 ITEM 6. PLANNING AND ZONING MATTERS. f) VACATING A PORTION OF JJR DAVID ADDITION AND CONVEYING THE VACATED CITY VIEW DRIVE TO DEALER PROPERTIES IC, LLC. 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Davidson: I'm going to, if you don't mind, Mr. Mayor, just skip ahead to a, um, figure that's for your next item that will come after this. This is the, uh, JJR subdivision property. The Honda...the existing Honda dealership is here. Highway 1, uh, US 218 interchange right here. Uh, this is the new Mormon Trek Boulevard, uh, recently, uh, constructed. Uh, Pip Printing is, I believe, on this lot right here, or else that lot right...there. Anyway, I believe it's this lot right here. Um...the existing Honda dealership here is lot 1 of, uh, well, I'm jumping ahead. Of the existing subdivision, you can see there's many lots here, as well as City View Drive, which because of the item you'll be taking up next, and in particular we would...have just allowed resubdivision of this property. The developer now has something, the property owner has something else in mind for which the subdivision that's approved here does not allow them to do what they want to do. So they're asking...they're being required to vacate it because of the street. Otherwise we would just resubdivide it, because of the street it actually has to be vacated, and uh, this'll make even more sense when you have the following item. Hayek: Okay. Anybody else on the, uh, public hearing? Okay, I'll close it at this time. (bangs gavel) 2. CONSIDER A RESOLUTION Champion: Move the resolution. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa city City Council meeting of October 11, 2010. Page 18 ITEM 6. PLANNING AND ZONING MATTERS. g) CONSIDER A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OFD & D BILLION ADDITION, IOWA CITY, IOWA. (SUB10-00007/SUB10-00008) (DEFERRED FROM 9/7) Hayek: This was deferred from September 7`n Davidson: Yes, and it was deferred pending vacation of the plat that you just vacated, and so now that that's been done, uh, we can consider, uh, this action. Um...and again, here's...here'sthe subdivision that you just got done, um...vacating, and here's the new, uh, preliminary plat. This is a request from Billion Auto, uh, for preliminary and final plat to take this, uh, basically to resubdivide this property into two lots. Uh, it's approximately not quite 19 acres in size, was annexed into Iowa City in 2003, you might also recall that we modified the zoning, uh, I should say you modified the rezoning from CH-1 to CI-1, uh, in a recent City Council action. Uh, the proposed action, here is the existing Honda dealership property. Uh, the, uh, the applicant would like to create two lots, one right here...which will become a new car dealership, and then the second lot is right here, uh, and will be available for future development. Um, as I mentioned the zoning is CI-1 on both properties. There is a conditional zoning agreement you might also recall on this property, which, uh, nothing's modified with that. They still will be able...excuse me, still will be required to comply with the conditions of that conditional zoning agreement, which principally are for the entryway aesthetics in this area, and I think the City's done a reasonably good job of...of providing a little additional regulation of properties in order to enhance the entrance way here, major arterial corridor, into the city. Um...the, uh, preliminary and final plat generally conforms to our zoning and subdivision regulations. Uh, storm water management will be provided in outlot "B," which is down here. Um, that does not change from the previous plat. Uh, the exist...the access points that form City View Drive here, even though City View Drive is now gone, and by the way there were some public utilities in that street which will have to be, uh, reconstructed and put in private easements, uh, in place of having them in City View Drive, but the two access points which you can see are directly across the street, uh, from...from access points to...on the subdivision on the other side of the street, uh, that's really good access control on an arterial street. So we want to preserve that, so these' 11 be driveways now, but they' 11 be the same driveways that were formerly, uh, City View Drive. And, uh, there'll be no additional access points with this. We try and control that, uh, to keep the arterial streets safe. Lot 2 and lot 1 will share access off of this driveway, uh, right here. Um...there will be water main extension fees. It's been paid already for lot 1, and will be required to be paid for the remainder of the subdivision. Uh, staff recommendation is to prove, to approve, uh, and our recommendation was subject to the vacation and conveyance of City View Drive, uh, and approval of legal papers. Any questions for me? Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 19 Hayek: Thanks, Jeff. Okay, any further discussion? Roll call, please. Karr: (mumbled) motion. Champion: Oh! Hayek: Is it? (several talking) ...like this was a public hearing? (laughter) Let's pick up a motion and a second. Bailey: Um, move consideration of the resolution. Dickens: Second. Hayek: Moved by Bailey, seconded by Dickens. Discussion...beyond Jeff's? (laughter) Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 20 ITEM 8. APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH AND RESCINDING RESOLUTION NO. 10-260. a) PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Public hearing is open. Dilkes: We've been through this before. We're just doing this to correct an error in the legal description. Hayek: Anything else on the public hearing? Public hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Wright: Move adoption. Champion: Second. Hayek: Moved by Wright, seconded by Champion. Discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 21 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW SUBPARAGRAPH 6, AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW SUBPARAGRAPH 5, TO ALLOW THE CHIEF OF POLICE TO APPROVE SPLIT-PREMISES SPECIAL EVENTS IN LIQUOR LICENSE ESTABLISHMENTS, PERMITTING ENTRY BY THOSE UNDER LEGAL AGE INTO AN ALCOHOL-FREE PORTION OF THE ESTABLISHMENT, WHILE STILL ALLOWING THE SERVICE AND POSSESSION OF ALCOHOL TO THOSE OF LEGAL AGE IN A SEPARATE ALCOHOL-PERMITTED PORTION OF THE ESTABLISHMENT. (FIRST CONSIDERATION) Hayek: We have received a, uh, an amended or corrected, uh, ordinance so this will be first consideration. Mims: So moved. Champion: Second. Hayek: Moved by Mims, seconded by Champion. Discussion? Roll call, please. Item passes 7-0. Karr: Motion to accept correspondence. Wright: So moved. Mims: Second. Hayek: Moved by Wright, seconded by Mims. Discussion? All those in favor say aye. Opposed say nay. Motion carries unanimously. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 22 ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS, TO ADD DEFINITIONS FOR THE TERMS `PERFORMER", PROFESSIONAL LIGHT AND SOUND," AND "SHOW," TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW SUBPARAGRAPH 7, AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW SUBPARAGRAPH 6, TO ALLOW THE CHIEF OF POLICE TO CONSIDER APPLICATIONS FOR ENTERTAINMENT VENUE STATUS AND ISSUE ENTERTAINMENT VENUE EXCEPTION CERTIFICATES. (FIRST CONSIDERATION) Bailey: Move first consideration. Dickens: Second. Champion: Second. Hayek: Moved by Bailey, seconded by Dickens. Wright: You deserve an award for having read that without a single (laughter) Hayek: Makes up for skipping the proclamations! Eric Goers is here is we have any questions about the, uh, the ordinance. Goers: I'd be happy just to discuss it real briefly. As you'll see from the, several sections, it's a rather large ordinance and I apologize for the length of it. Uh, but performer, that gets to kind of the issues that you folks had identified at your earlier work session, uh, that is what you wanted to have covered as entertainment. Um, professional light and sound is something we decided to maintain some flexibility with to, uh, approve it by resolution. That's something I think we're going to probably need to massage as time goes on and we learn better how that's going to work. Uh, and then of course the show, including at least 90 minutes in duration of actual performance time, and that 50% of the fees and so forth go to the performers. Again, topics we had discussed, and then we get into kind of the details and requirements of the, uh, venue itself to qualify, one of the biggest which is that they have shows on 150 calendar days each year, uh, that they have the dedicated performance stage. I...I kind of beefed up that language at your folks' request, that it would be dedicated just for that. They can't serve dinner on there earlier and that kind of thing. Um...the only other notable ones are of course the PAULA ratio also maintaining that by resolution so This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 23 that, um, as time goes, uh, farther and farther beyond the, uh, adoption of the 21 ordinance, the PAULA ratios of course have plummeted, so we want to maintain some flexibility and approve those just by, uh, resolution. So that's how it's been structured here. Uh, the reports is in the, um, 7a, small Roman numeral 10, um, you asked for it to be quarterly so we worked it out that way, uh, and then in, uh, c is new businesses and how we'll treat those, the process for revocation of this privilege, uh, and d, uh, including, uh, you know more than one delivery of alcohol to a minor. We hadn't discussed about in what period of time. I trusted that if someone had gotten one in 1972 the second one this year wouldn't be grounds for disqualification, uh, I put in five years, which is stricter than the State code on... on some things, but, uh, not as (mumbled) could be. Um... and then of course the last portion, uh, the last title amendment is just basically the requirements for someone to, of 18...I'm sorry, of 19 or 20 to be present, uh, in an entertainment venue, and of course it requires that they be at least 19, that they not be there beyond midnight, which is what we had discussed, uh, and that there..the show, that they're there to see would have to last at least some time past 10:00. I put that in there to avoid (mumbled) putting on a show at 2:00 in the afternoon when no one's there and no one cares and then they, you know, let people in until midnight. Uh, that's the gist of it. I'd be happy to answer any of your questions if you have any. Hayek: I...I appreciate your work, and I appreciate your outreach to the music industry and collaboration with them to come up with something that they...they can buy into and agree with. Goers: Yeah, it's been a good process. Thanks. Hayek: Any further discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 24 ITEM 15. CONSIDER A RESOLUTION APPROVING FUNDING FOR THE PAPER NEST FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT -ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Champion: Move the resolution. Bailey: Move adoption. Hayek: Moved by Champion, seconded by Bailey. Discussion? Wright: This is a terrific use for some of the CDBG money to help a small business get off the ground. Bailey: It's a really nice project. I think it's very much in line with the City of Literature, and a nice sharing of space with two small businesses downtown, and I see the applicant here. I don't know if she wants to say anything or not. No? (laughter) Hayek: It's not necessary. Another added feature to this is, uh, that there's a mentoring, uh, element to this, and in fact when this applicant moves on from the leased space to some other place, it's possible we'll have sort of a miniature private incubator, uh, to help further such applicants. Wright: Good idea! Hayek: No commitment, but it, uh, it's a very intriguing idea. Further discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa (:ity City Council meeting of October 11, 2010. Page 25 ITEM 16. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING ONE HALF-TIME PLANNING AND COMMUNITY DEVELOPMENT CLERK POSITION (AFSCME GRADE 4) AND ELIMINATING ONE HALF-TIME PUBLIC INFORMATION ASSISTANT - PCD POSITION (AFSCME GRADE 8). Wilburn: Move adoption of the resolution. Mims: Second. Hayek: Moved by Wilburn, seconded by Mims. Discussion? Wright: Is there any financial difference between those two? Helling: And we don't have that...um, it's...it's very small. Uh, it's the difference between one pay grade versus the other, um, assuming in the same pay range you'd get...probably about...I'm going to guess around $5,000 to $6,000 difference...betweenpay grade 8 and pay grade 4. Wright: Would that be a reduction or an increase? Helling: Well, it...it's, um, it's actually I believe it's reduction, because what we're going from a grade 8 position to a grade 4 position. Wright: Thank you. Hayek: Further discussion? Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa city City Council meeting of October 11, 2010. Page 26 ITEM 18. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY ADDING ONE FULL-TIME GOVERNMENT PROGRAMMER POSITION (AFSCME GRADE 9) AND ELIMINATING ONE CABLE PRODUCTION COORDINATOR POSITION (ADMINISTRATIVE GRADE 26). Wright: Move adoption. Mims: Second. Hayek: Moved by Wright, seconded by Mims. Discussion? Wright: Just point out that this would actually then save $8,000 annually. Helling: That again is an average. Um, at the top of the scale the difference is much larger than that. Hayek: Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa (;ity City Council meeting of October 11, 2010. Page 27 ITEM 19. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE DODGE STREET RESURFACING PROJECT. (STPN-1-5(94~2J-52) Wilburn: Move adoption of the resolution. Dickens: Second. Hayek: Moved by Wilburn, seconded by Dickens. Discussion? Mims: Is this for the work that's already been done on Dodge Street? Fosse: It is. Mims: Okay. That's what I thought. We're not going to do anymore, are we? (laughter) Hayek: Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa Lity City Council meeting of October 11, 2010. Page 28 ITEM 20. 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 NEUMANN MONSON TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FY2011 ELEVATOR MODERNIZATION PROJECT. Bailey: Move the resolution. Dickens: Second. Hayek: Moved by Bailey, seconded by Dickens. Discussion? Yeah (mumbled) one of your topics lately. Champion: Right! Hayek: Roll call, please. Item passes 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010. Page 29 ITEM 25. CITY COUNCIL INFORMATION. Hayek: Why don't we start with you this evening. Mims: Nothing, except it was a beautiful weekend. Hope we have a few more! Champion: It was, it was great! Leaf pick-up starts soon. Did I read, October (several talking) so get your leaves raked! Wright: Uh, I just want to thank staff for a terrific job that they did at the, uh, UniverCity open houses this weekend. I had the privilege to stop in at a couple of those, and the progress on those houses has been phenomenal, and the interest that they're generating is...is significant, uh, very exciting program. I just want to offer thanks and congratulations to all involved. Wilburn: Just want to welcome this Friday and Saturday, October 15 and 16, to Iowa City the 12t" annual Iowa Latino Conference, uh, welcome all visitors to town from across the state, region, and I think some folks from other countries will be coming as well. Bailey: I just want to echo what Council Member Wright said about the UniverCity program. The tours were great and the project is...it's a great program. I'm really proud we are associated with it. I think it's very innovative. Um, thank you for the Rochester sidewalk infill project. It's done, and so all those people who were walking along the road, or walking in the street, can now walk along Rochester, which is great. Makes it...makes a nice loop with our trail system out there. And I'd also like to mention that I've seen a lot of bicyclists lately at night, and probably, um, it's getting dark very early, so turn your lights on a little bit earlier than you might expect. It's easier to see you that way. Dickens: Going along with Councilor Bailey, they're starting to work on, uh, north Dubuque Street, or Dubuque Road. They started to do the sidewalk out there and if you haven't been up to see the new Fire Station, it is coming along wonderfully, as long as we don't get any more rain they'll just keep moving at that pace. Hayek: In the category of thank you's, I want to thank the public for its role, uh, in the City Manager search process. I thought we had an excellent, uh, couple of days here in Iowa City, and it certainly led to an excellent result, and if you were, uh, a commission chair or former mayor, or just a member of public, uh, who came to the meet and greet, uh, or a member of staff who met with the finalists, I thank you, and I want to particularly thank Marian and Eleanor and Dale for, uh, for your assistance through all of this, um, this was a very smooth process and you guys deserve a lot of credit for it. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of October 11, 2010.