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HomeMy WebLinkAbout2013-04-23 TranscriptionPage 1 ITEM 2. STUDENT CITIZENSHIP AWARDS — Weber Elementary Hayek: Would the students from Weber please come forward! (mumbled) welcome you. I'm Mayor Hayek, and this is the City Council behind you. Is this your first time down to City Hall? Well, we want to welcome you! So, we're excited to have you here (mumbled) (laughter) Uh ... what we do down here at the ... at the City Council is bring student leaders throughout the years from all the elementary (can't hear) um, down to meet us, and you get, uh, selected by your schools because of all the great work you're doing and we get a chance to meet you and ... and we have a little certificate that we want to provide to you, but I see that each of you has brought a piece of paper, which is the first step, and uh, if I could just hand you the mic and ... and you read your piece and then (mumbled). Thank you! Ganim: Hi, um, my name is Madeleine Roberts -Ganim. I'm a sixth grader at Weber Elementary. In fifth grade I moved to Iowa City from Lincoln, Nebraska. When I got to Weber it didn't take me long to make new friends (coughing, unable to hear speaker) activities I joined at Weber helped me with that. I enjoy helping younger kids talk out their conflicts with conflict managers. I (mumbled) certain responsibility to the school as a part of school store. I shared my love for books with my friends and soon we were all reading books together. And I increased and varied my learning by taking up clarinet as a part of band. Being part of the activities at ... activities at Weber helped me adjust and feel comfortable in my new home in Iowa City. Thank you for inviting me here tonight. (applause) Breitbach: Hi, my name is Jason Breitbach. I have three brothers and a sister, and I am a triple to two of those brothers. I enjoy athletics, including baseball and football. I am 12- years -old. I am an alter server at my church. I'm so honored to be re... receiving this award. I would just like to thank my family for teaching me the core virtues I follow today. I also thank my teachers, Mr. Vonderhaar, Mrs. Guthard, and Mrs. Murray for being good role models. I con ... I have contributed to my school in the ... in the following ways. I've been a member of the school safety patrol. Being in safety patrol helped me develop my leadership skills. I was involved in the school store, which helped me to be responsible. (mumbled) I helped make key chains to raise money for the Ronald McDonald House. Again, thank you for this recognition. I will continue to work hard and be a good example for everyone. (applause) Hayek: Well those are some of the best presentations we've heard yet this year. I want to congratulate you on that and you're clearly doing a lot of stuff at school in addition to the normal things, whether it's safety patrol or ... or, uh (mumbled) it's ... it's great and you know the fact that you're here is... is an indication of... of how much you've achieved at school, um, and also an indication of the support you get from your parents and your teachers and the other people who play a role in your lives, and so we want to recognize you and I know some of them are in the crowd this evening, but, you know, what ... are you guys the Dolphins? Is that This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 2 right? All right, I always gotta get that straight! (laughter) We have a... a Dolphin Citizenship Award here (laughter) and uh, it reads as follows. It says, um, for his or her outstanding qualities of leadership within Web... 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, April 2013 (mumbled) to you and (mumbled) to you, and I want to congratulate you and I think ... you guys are welcome to stick around. Might be here until 10 or 11 (laughter) so congratulations! Thanks a lot! (applause) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 3 ITEM 3. SPECIAL PRESENTATIONS Karr: And here to make presentations for, uh, a special, um, acknowledgements is from Neumann Monson Architects, Matt Krieger, and Matt'll take ... take the introductions from here, Mr. Mayor. Krieger: Thank you. (mumbled) Um, I want to thank Kumi Morris for, with the City staff, for inviting me here to speak tonight. I'm here representing the U.S. Green Building Council, uh, a national non - profit organization and our diverse roster of member organizations from across the globe who are working crea ... healthy, high - performing buildings, homes, neighborhoods, and communities to the use of the LEED family of rating systems. Since its launch 13 years ago, LEED has been redefining the way we think about the places we live, work, and learn. This third -party verification system is comprehensive and flexible, and works throughout the building's lifecycle, from design and construction through its operation. The mission of the USGBC Iowa Chapter and its Eastern Iowa branch located here in the corridor is to promote and enable the integration of sustainable practices into Iowa's built environment, and the City of Iowa City's a great partner in this effort, dedicating the resources necessary now to make a positive impact on the ci ... City's future generations. Tonight we're here to celebrate and recognize the accomplishments of two notable projects. The first is the Eastside Recycling Center Education Center, and I'd like to invite the project team up as we recognize the project. Uh, that includes Jen Jordan, the Recycling Coordinator, and accepting on behalf of the City of Iowa City. Mark Seabold with Shive Hattery Architecture and Engineering. Keith Streuer, formerly with Shive Hattery and LEED coordinator of this project. And Adam Hahn with Knutson Construction. This facility is a superb example of the word "holistic." The project incorporated a number of strategies to demonstrate multiple facets of sustainability to the community. From the redevel ... redevelopment on an existing lot to natural storm water infiltration, from smart material use to installation of renewable energies; and from public awareness and education for fulfilling its promise ... its purpose of Landfill waste diversion, the Eastside Recycling Center sets an example for the future of the building industry. Because of its strong leadership, environmental stewardship, and role in enhancing and transforming the built environment, the project has earned the highest level of LEED certification — LEED Platinum. On behalf of the U.S. Green Building Council, I am proud to recognize the City of Iowa City's Eastside Recycling Center Education Center. Congratulations! (applause) Congratulations (several talking away from mic) (mumbled) second project we're celebrating tonight is the new Fire Station #4. I'd like to invite the project team up, including Fire Chief Andy Rocca, accepting on behalf of the City of Iowa City; and also Deputy Fire Chief Roger Jensen. Architects Steve Rohrbach and William Downing with Rohrbach Associates. Justin Opperman with Design Engineers; and Mark Seabold with Shive Hattery, who provided civil engineering services on this project. Corporate Contractors, the general contractor on the project, could not be This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 4 with us tonight. With assis ... with the assistance of the I -JOBS program, this is the second fire station the City has constructed to achieve LEED certification and represents an ongoing commitment to sustainability. Where other building owners and operators might have chosen to use the LEED system solely at a ... at a singular showcase facility, the City recognized the importance of these strategies and the lasting impact it has on the community. Sustainability is not just about the physical attributes of the building, but about what it provides. The opening of this facility helps ensure the sustained economic development, operation, and safety of the community's north side. And Fire Station #4 was made to last by incorporating green building practices, we will start realizing a stream of environmental, economic, and community benefits for decades to come. I am proud to recognize the City of Iowa City's Fire Station #4 and its achievement of LEED Gold Certification. Congratulations! (applause) (several speaking away from mic; laughter) Karr: If we could have the Fire Chief remain up here, Andy. Andy. Fire Chief? Hayek: Not so fast! (laughter) Come on up, Sir! (laughter) Rumor has it you might be retiring and uh, we uh, we have a proclamation we'd like to read, uh, for you, uh, for something called Andrew J. Rocca Day (laughter) It reads as follows. (reads proclamation) (applause) You run one heck of a department, and we know it and uh, it's testament to ... to you to see, uh, all these people here to support you this evening and we're ... we're just so grateful for the service you've provided and you've got big fill... shoes to fill. Rocca: Thank you! (both talking) You got my goat! Clearly you did. I had to ... I was tipped a little bit though. My wife wanted to see what a City Council meeting was (laughter) I'll tell you what, it's been my privilege and honor to serve as the community's Fire Chief. Urn ... phew! When I think back, when I was clearly a younger man in (laughter) urn ... I had no idea where this journey might take me and uh, I was born and raised in Iowa City and it's always been my home. And will always be my home, uh, regardless of where I go, but urn ... I just want to thank Steve Atkins for hiring me, .for appointing me as Fire Chief back in, uh, 1996 and all the support that, uh, you know, Tom, you're successor, yourself, City staff, City Councils, and your predecessors all along the way. Uh, I've been shown tremendous support because you know you read off a long list of, I'll call `em accolades, but not one person can accomplish those kinds of things. You have to have support, number one of your community, of your colleagues, and I've had some of the best colleagues a... a person could ever ask for. Uh, City staffers, uh, firefighters, fire officers, command staff, uh, it's been pretty rewarding to work with such a remarkable group of people and to be part of such an organization of the City of Iowa City. It's provided extremely well for my wife and I and our family, and uh, certainly there'll always be a soft spot in my heart for the City of Iowa City and this community. So, I'm not going to drag this on much further but rest assured, I ... I thank all of you for being here tonight and This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 5 thank all of you for your support over many years, and I wish you all the very best and um, thank you. You got my goat! (laughter) (applause) Thanks again. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 6 ITEM 4. PROCLAMATIONS ITEM 4a Sexual Assault Awareness Month — April Hayek: (reads proclamation) Karr: Here to accept the proclamation is Human Rights Commissioner Joe Dan Coulter. (applause) Coulter: On behalf of the Human Rights Commission... Hayek: (mumbled) Thanks! Coulter: On behalf of the Human Rights Commission, uh, and all the members of the community I want to thank you, Mayor Hayek and the Council, um, for your efforts, uh, to prevent sexual assault. Thank you. Hayek: Appreciate it! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 7 ITEM 4. PROCLAMATIONS ITEM 4b Arbor Day — April 26 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Parks and Forestry Superintendent Terry Robinson. (applause) Robinson: Mayor and Council Members, um, just a short point, uh, for you to, uh, hear and for me to, uh, thank you for, uh, your support over the years. On April the 2 "d of this year, Iowa City, uh, received its 31St Tree City USA, 31 years in a row, uh, in Des Moines from the Governor and the Tree City USA Committee. Uh, so many times over those years, um, I think about the fact that the City of Iowa City receives this proclamation and uh, I don't believe I have adequately thanked, uh, three people who have, uh, supported me, uh, over the ... all those years, uh, and they are the three staff members at work every day, care about their jobs, go out there, take care of the trees because they care about `em and that's Rae Lynn Schepers and Judson Yetley and Brian Tack and I'd just like to thank them for their work. Thank you. Hayek: Thank you (mumbled) (applause) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 8 ITEM 5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. Payne: Second. Hayek: Moved by Champion, seconded by Payne. Discussion? Throgmorton: I'd like to mention one thing, Matt, uh, and that is that we're setting a public hearing, uh, for adopting the 2030 Comprehensive Plan update and the public hearing will take place on May 14tH Hayek: Thank you, Jim. Dilkes: Um, Mr. Mayor, I just wanted to, uh, note the addition to the Consent Calendar, 5e(5) which sets a public hearing on the College, uh, Gilbert application for rezoning. Um, I've addressed conflict issues with both Jim Throgmorton and Michelle Payne. Um, this is a perfunctory matter tonight and we can deal with those in more detail at the next meeting. Hayek: Further discussion? Roll call, please. Item passes 7 -0. And before we (mumbled) Alec from UISG has a (mumbled) Bramel: Mayor and Council Members, Alec Bramel, uh, City (mumbled) liaison. Um (can't hear) Consent Calendar (mumbled) (laughter) (several talking) (mumbled) Um, but uh, no but thank you very much for, uh, putting me up for another year. Appreciate that, um, it's been a ... just a blast working with all you. Um, I've learned a lot, um (mumbled) knowledge. (mumbled) and I look forward to working with ... with you all this summer and for the next upcoming academic year. Um, we have not chosen an alternate yet or a vice for my position but uh, as soon as we do I will (mumbled) as soon as I can, hopefully by May 14th. So, we shall see him or her (mumbled) until then, uh, I'd like to introduce you to, uh, UISG President, Katherine Valde, who was sworn into office last Saturday. She will be taking over the role of President of UISG for next year. So I will introduce (mumbled) and say a few words. Valde: Hi, thank you so much for letting me come in and speak. I just want to say hi and introduce myself. I'm originally from Iowa City. I went to Iowa City West High and I'm really excited to, um, work together with City Council and I'll be here over the summer and so hopefully I'll be meeting each of you on an individual basis, but thank you so much! Hayek: Great! (several talking) Congratulations! (several talking) Okay. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 9 ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA) Hayek: This is the opportunity at each City Council meeting for members of the public to address the City Council on items that are not on the agenda. So if there's something you'd like to bring to our attention, we'd like you to step forward. We ask you to sign in, also verbally give us your name and we ask that you keep your comments to five minutes or less. Gravitt: My name is Mary Gravitt. And I'm here about quality of life incidents. I like to read the Iowa City Code, but the Iowa City Code is not kept up to date in the Library and it's almost impossible to read it online. So, I ... I want to know if something's going to be done because as an African American I got my freedom to the law, and if you don't know the law you can be re- enslaved. For instance now we have this thing called workforce housing. Last person that needed workforce housing was my grandfather, and when General Mitchell and the Army of Atonement came down in (can't hear), South Carolina, he didn't need workforce housing. All the slaves got together and bought the plantation from the master. So my thing is I want to know the law. I want to know how I'm protected by the law, and I know the law is only thing that protects me, and another thing I want to bring up is SEATS. Disabled people. The people who really are home worried about can they get door -to -door service. Now, if a contractor can get $13.5 million and SEATS can't get small change from the City, we are in trouble as a bunch of people, as Americans, as moral human beings. And... it's... it's... and they're ... they are frightened. Me, I know that I can make it without SEATS, but when I see people with multiple sclerosis and the last stages of whatever. They can't stand on the curb and wait for a bus. So SEATS should be (mumbled). If a contractor can get $13.5 million, SEATS can at least get $50 or $60, whatever they need. And then too ... I want to bring up the subject, well, one's I want to congratulate the City Council for signing on for those cameras. Anybody watched what happened in Boston knows that you need those CC, those closed - circuit cameras, and I wish you would install another one down on the corner, uh, at Burlington and Washington. See those people go down the street. You're supposed to come up that hill, not down that hill. So, and then the person who got hit by a bus down there, a couple weeks ago, but that ... that's another situation with the University. I want to ... I see that Ruppert Road is on the agenda so I want to speak about Ruppert Road when it comes up. So that's my ... my thing. I want the ... the Code, hard copies of the Code that you send to the Library, so that we can all read it and be happy and feel safe and free in Iowa City. Thank you. Hayek: Thank you for your comments. Sylvan: I'm Nialle Sylvan and I live at 1722 Morningside Drive. You are all unfortunately well acquainted with me, um, because of my interests in other areas, but tonight I promise that I am here for good news. It's World Book Day! Yeah! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 10 (laughter) Um, World Book Day in Iowa City is celebrated in a lot of different ways. For example, those of you who have been by Prairie Lights today might have seen people walking out with roses. Uh, a number of other bookstores in town participated in that. We're celebrating... after the tradition of St. George's Day in Spain where they hand out roses with books. Um, we are also celebrating because it's William Shakespeare's 400 - and - something birthday. I should have memorized that before I got here (laughter and several talking) (mumbled) Um, but one of the other things that is fairly new as a celebration of World Book Day is for a Book Night, when people across the community are welcome, um, by application to the World Book Night web site and Committee to (mumbled) of their favorite books, such as are available. There were 23 different titles this year, um, and low and behold on the list was my favorite book. My favorite book ever. It's called My Antonia, and it's by Willa Cather, and I just wanted to share two sentences of it here. We sprang to our feet straining our eyes toward it. In a moment we realized what it was. On some upland farm a plow had been left standing in its field. The sun was sinking just behind it. Magnified across the distance by the (mumbled) it stood out against the sun, was exactly contained within the circle of a disc, the handles, the tongue (mumbled) black against the molten red (can't hear) there it was, heroic in size. (mumbled) sun. Someone had left a plow standing in the field. As it happens, I have seven copies of this book in my hand and as it happens I'm advised that it's okay since I don't have a contractual relationship with the City (laughter) Champion: Well that is so nice! Thank you! (several responding) Sylvan: The fact that this books happens to be about (mumbled) memory, tells you why I like it, and (mumbled) couple ideas about why I care so much about Iowa City. (several talking) You don't have to give me a book report later, um, but if you want to come and tell me your favorite part, I would love that! You know where to find me. Also if you've already read and love that particular book, I do have an alternative in my bag called (can't hear) by (can't hear) in Iowa City, everybody, everybody, including you, to participate next year by going to worldbooknight.com and signing up! Thanks! ( Mims: Thank you. Payne: I did want to mention that I wanted to do World Book Night but I had a Council meeting! (laughter) Sylvan: Well I'm glad that I was able to (loud noises on recording, popping sounds) Hayek: Thanks for your comments. Styren: My name is Amanda Styren and I am the Project Leader for the Creative Corridor Project. Um ... wanted to tell you quickly about it. A year ago, it was announced that the new regional (mumbled) Cedar Rapids, Iowa City, and all of the places This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 11 that surround it would become, um, now Iowa's Creative Corridor. And for the past year we've been working on figuring out what that means and kind of come together around it. When I say `we,' as many of you know there's a regional planning taskforce (mumbled) sits on it and is an active member. Um, we've been working with a number of creatives from Iowa City, Cedar Rapids, and all around the area to come up with what it means, and what we decided Iowa ... why are we Iowa's creative corridor? Because we create here, and that is the new campaign that we launch on Friday. And so you're all getting a poster that, on the front is a pride piece that shows many of our heroes from the region, many from Iowa City, that we are proud of who have created; global game- changers here; and on the back there is a description of the four parts of the program and what we're really trying to do. So I just wanted to share quickly that ... the four initiatives that we're going to be working on this year are the Creative Corridor Digest. It's a weekly newsletter that goes out via email to about 800 people right now, uh, that shares milestones and ex ... exciting developments in technology, creativity, design, marketing, what's happening in the region, and also (mumbled) those who are interested in connecting in person with others who are interested in creativity and innovation and (mumbled) so it's the best way to get connected with this growing innovation community that's here. We also are telling a number of stories of people who create here, and so that we can all share those, know those, repeat those, and share. Really be able to articulate the pride that we have for this place. So each week we're publishing a new story on our web site. The third piece is Creative Week; the week of October 19th we're inviting every community and every organization in the region to host an event to show off the creativity that we have and to celebrate it, and the project will promote all of those events and show really the vibrancy that we have going on here and encourage people to go to a different community organization that you've seen before and experience the creativity that we have all over this place. And the fourth are We Create Here Campaign materials, which are these window clings, stickers, posters, that really show off what we are about, which is about We Create Things Here. Not only art and literature, but also advanced manufacturing, farming innovation, and the list goes on and on and on, so ... I wanted to make sure that you all had a poster. Thank those of you who were able to attend the launch on Friday, and Geoff told me about you're going to have your own custom poster soon, um, so we will help you make that, and if you have any other suggestions for ways that, uh, the City and the Project can partner, I am all for it! So, thank you. Hayek: Thank you, Amanda. Mims: I'd just like to quickly congratulate Amanda on their work for the launch last Friday. It was, um, at Kirkwood Center up in Cedar Rapids and I think had over 300 people there from the corridor, um, very well attended and a very, um, nice event, so thank you for your work on that. Hayek: Anyone else? Okay, we'll move on to Item 7, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 12 ITEM 7. PLANNING AND ZONING MATTERS ITEM 7a AMERICAN LEGION ROAD ANNEXATION - RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 2 ACRES OF PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD (ANN13- 00001). 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Um ... well, we're not taking up 7b so I won't need to ask for ex parte (mumbled) combine them but (mumbled) Davidson: Thank you, Mr. Mayor. Good evening... Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning. Uh, Item 7a is an annexation request. The applicant is Allen Homes. Allen ... Homes, right? They've requested annexation of approximately two acres, uh... (mumbled) there's the location. Uh, just to orient you. This is the intersection of Scott Boulevard and Muscatine Avenue, American Legion Road. Um ... and the, you can see the corporate limits line right here. Uh, further to the west, or excuse me, further to the east is the Windsor Ridge subdivision. So this is actually kind of a, uh, we don't have a larger map so that you can see, but there's kind of a gerrymandered corporate limits line. You see the corporate limit sign here. Uh, there is an eventual development parcel being created here from a parcel that's in the city already and a parcel that would be, uh, that is under consideration for annexation. Um (noises on mic) zoned residential in the county. Uh, typically we would talk about both the zoning and the annexation, but there's, uh, requested deferral of the, uh, zoning so we'll just talk about the annexation, uh, tonight. I think most of you are, uh, accustomed to the items that we consider when we're considering a rezoning. Uh, three things — is the area under consideration, uh, part of the adopted long -range planning boundary, that is the planning boundary that is established by virtue of gravity sanitary sewer service. This is in that area and we can also provide, uh, other city utilities to it. Uh, does the area under consideration fulfill an identified need. Uh, this is an area that the Comprehensive Plan calls for development within the city. We want to see it developed in the city, not the county, and so again, appropriate; and is control of the development in the city's, uh, best interest, and again, we would concur that it is. Uh, we want to see this developed, uh, in the city. Uh, again, we ... we won't talk tonight... tonight about the eventual development project, but we do believe that for ... what eventually this will end up being (coughing, unable to hear speaker) appropriate to be annexed, uh, and in the city. Uhhh, let's see, I think that covers everything with the annexation, so since we're not going to talk about the zoning, are there any, uh, questions about the annexation? Thank you. (several talking away from mics) Hayek: Thanks, Jeff. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 13 Throgmorton: Matt, I would ... would like to ask a question. It ... it's sort of a technical question, not really about the zoning, but just a ... a point related to it, and it concerns the annexation too. Uh, I went out there today, you know, and ... to make sure I knew exactly the ... the site and all that, and ... I probably was doing this wrong, but when I looked at the site I saw two rezoning signs, but they were across the street. Where's Jeff? I can't see Jeff. They were across the street, across Scott, and so there's one sign on Scott, one sign on, uh... Davidson: Yeah, there's also a zoning (both talking) Throgmorton: .... see any signs on the ... on the other side. Davidson: Uh, well there certainly should have been signs, uh, at some point posted there for the zoning of the... Champion: I saw it (mumbled) Davidson: Okay, they... Throgmorton: ... maybe they got blown down by the storm (both talking) Davidson: ... occasionally come down. Throgmorton: Okay. Good! I wanted to make sure that was the case. Davidson: Sure. Hayek: Any other questions for Jeff? Anyone else? Close the public hearing. (bangs gavel) 2. CONSIDER A RESOLUTION Dobyns: Move (mumbled) Mims: Second. Hayek: Moved by Dobyns, seconded by Mims. Discussion? Roll call, please. Item passes 7 -0. Dilkes: Mr. Mayor, on 7b you are going to have to open the public hearing and continue it. Hayek: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 14 ITEM 7b AMERICAN LEGION ROAD REZONING - CONDITIONALLY REZONING APPROXIMATELY 2 ACRES FROM COUNTY RESIDENTIAL (R) AND APPROXIMATELY 2.83 ACRES FROM LOW - DENSITY SINGLE - FAMILY RESIDENTIAL (RS -5) TO LOW- DENSITY MULTI - FAMILY RESIDENTIAL (RM -12) LOCATED AT EAST OF SCOTT BOULEVARD AND NORTH OF MUSCATINE AVENUE AND AMERICAN LEGION ROAD. [Discussion only at formal meeting] (REZ13- 00002 & REZ13- 000030 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Do you want ex parte now or should we wait... Dilkes: No, we'll wait. Um, let's (mumbled) continue the public hearing and defer first consideration. Mims: Move that we continue the public hearing and defer first consideration to... Karr: May 10 Mims: May 10 Throgmorton: Second. Dobyns: Second. Hayek: Moved by, uh, Mims, seconded by Throgmorton. Discussion? In favor say aye. (mumbled) say nay. Motion carries 7 -0. Again (mumbled) to May 14tH This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 15 ITEM 7c COMPREHENSIVE PLAN AMENDMENT HWY. 6 AND BROADWAY (CASEY'S) - APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN - SOUTH DISTRICT PLAN TO CHANGE THE LAND USE DESIGNATION FROM MULTIFAMILY TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF HIGHWAY 6 AND BROADWAY STREET. 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Why don't... we get ex parte for 7d. I just anticipate if anyone wants to weigh in on ... on (mumbled) Comp Plan public hearing it ... we might as well get that out of the way. So has anyone, uh, does anyone need to disclose an ex parte communication regarding 7d? (several responding) Jeff! Davidson: Uh, I will, uh, in my staff report here take both the zoning action and the Comprehensive Plan amendment as we do typically. Uh, here is the site, uh, the applicant is Casey General Stores Inc. of Ankeny, Iowa. The requested action is a rezoning from commercial office to community commercial. Uh, the purpose is to allow for the construction of a convenience store at this location, which is 1906 Broadway Street. The size of the parcel is approximately 1.04 acres, and the existing, uh, land use is ... it is vacant. Uh, you can see, to orient you here, we have Highway 6, Broadway Street, signalized intersection here. Urn ... commercial, intensive commercial development on this side, uh, extensive residential development on this side, and that, uh, is kind of a theme for, um, most of the points in the staff report, which we'll review here, uh, quickly. The ... the site includes a portion of the property which is already, uh, zoned, uh, community commercial, CC -2, which allows for the proposed convenience store. Uh, the action for this parcel here is a rezoning and Comprehensive Plan amendment from commercial office to uh, community commercial, which creates the larger site that would allow for, uh, and here you see the, uh, the vacant site, uh, the ... the green area there is the commercial office, uh, zoning currently, and here is the proposed convenience store, uh, development. Um, just some brief history here. Uh, the ... uh, entire parcel was at one time zoned commercial office. There was a development proposal, uh, that led to ... Council to take action to rezone the ... portion right here to community commercial. Uh, the development then never came to fruition so it's been sitting there vacant ever since. There was an office building. It was torn down, uh, on this site. And the, uh, at...at the time of that rezoning, there were a lot of issues about the neighborhood sensitivities to the residential area, which is to the east and south of the site and those have also been issues with this proposed development. At that time the commercial office was seen as a buffer between the, uh, community commercial which is of course a very intensive commercial zone, and the multi - family residential, uh, adjacent. Commercial office was seen as a nice transition. Because the proposal now is to This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 16 basically change the Comprehensive Plan, uh, vision for the area (can't hear) and the subsequent zoning to all community commercial. Logically the concern about the adjacency of the residential area is one that we ... we needed to deal with and that Planning and Zoning Commission had extensive, uh, discussions of, and ... and really the ... the, I think the essence of the development plan here and what got a lot of discussions with the Planning and Zoning Commission is what are we going to do to try and buffer the residential area from this. Uh, everybody knows probably no more intensive use than a, uh, convenience store, a lot of light, a lot of noise, a lot of traffic, and so we need to make sure, and we believe there is away to, uh, buffer adjacent residential areas from this. This... this... you, also certainly can make a case that it's being kind of a hub of the neighborhood. You know, the old corner grocery store. Well now we have a convenience store, and they... and they certainly serve that function. Uh, there is, as you can see, an extensive amount of landscaping, and I believe we also have a picture ... yes, of a ... of a fence that will be ... I think I can delineate it here. Uh, in this area here ... along with a substantial amount of shrubbery, and a berm in this area. You can see the topo lines here. This is a ... uh, a small berm in this area. Uh, to basically provide screening, uh, and... and some buffering from the residential area, while taking advantage of course of the high traffic count and visibility that we want the convenience store to have, uh, from the highway. There's also a fairly substantial portion of ground here, uh, which at one time was thought to be used for storm water management. A portion of it will still be used for storm water management but there will also be, uh, an area... and you can see here that ... that will remain basically a buffer, a vacated area, a buffer from the, uh, between the residential area and the proposed convenience store. I also wanted to mention that we did engage, uh, the police officer who's present, uh, who does our neighborhood, uh, policing had substantial input on this and there's some information, uh, in the packet if you chose to read that, that, uh, delineates ...he had a lot of input on how we were going to provide vegetation and the screening in this area, and I ... I think, as I understand it, a good way to summarize what is proposed is that we'll have things that are relatively short and then we'll have a ... an open area, and then we'll have over -story things that are above that, so there will be good visibility, uh, between those two types of vegetation, uh, and again, Jorey did ... did approve that and ... and thinks it's a good plan for having some buffering and some landscaping that will be appealing, but uh ... basically address some of the visibility and some of the crime issues that, uh, people raised in the substation with the project. Um ... in terms of compatibility with the neighborhood, we feel that with the .... the suggested improvements that it is compatible with the neighborhood. Obviously access and street design — this will be, there will be no access to Highway 6. The access will be at this location, Broadway Street, which we think is good, uh, access control. And you have to scroll down quite a ways to get to the Conditional Zoning conditions, which I'm doing currently. Uh, the ... here we go. The recommendation from staff and the Planning and Zoning Commission is with these CZA conditions, uh, we recommend approval. Uh, that the, uh, project will conform with the site plan that you see, uh, before you. Uh, quality design, again, and the, uh, applicant is here This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 17 and may wish to address that, uh, even further. Um ... in terms ... there are standards in terms of the canopy, uh, which is ... is adjacent to the gas pumps in this area, in terms of how large that will be, or how large it won't be, uh, the buffer areas that you see here, uh, the berms that you see here that I outlined, the landscaping, uh, the set - backs. Again, they will have to comply with essentially the picture you see before you. Uh, pedestrian lighting, uh, will be, uh, installed, uh, the general lighting of the site will be, uh, controlled and business hours limited to between 5:00 A.M. and 11:00 P.M. Those are the zone, uh, the conditions of the zoning for which we recommend approval. Are there any questions? Dobyns: Jeff, you mentioned lighting. Is the lighting underneath the canopy going to be indirect... so (both talking) Davidson: ...understanding, Rick, is it will not be visible with the idea being... and.... and we do have some pretty good standards, I think, for, uh, making sure that that's not un ... unduly lit (mumbled) residential units adjacent (mumbled) Anything else? Dickens: So is the majority of the building on the ... looks like just part of the parking lot is on the new section. Davidson: Uhhh... Dickens: (both talking) that would be changed, so (both talking) Davidson: Yeah, I think that prop ... I think that zoning line runs about there ... right through (both talking) here, Terry, yeah. Dickens: That's what I (mumbled) Mims: Jeff, when you talk about business hours from 5:00 A.M. to 11:00 P.M., lots of places now close but they can run their pumps 24 -hours a day because the credit cards and stuff. Will that be the case here? Davidson: Business hours ... I ... I apologize, Susan, I'm not positive about that definition but we can, uh, the applicant may wish to address that. Mims: (mumbled) Hayek: See a shaking head out there in the audience (laughter and several talking) Davidson: (mumbled) Any other questions for me? Thank you! Hayek: Thanks, Jeff! Dilkes: Was that a shaking head yes? This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 18 Mims: I'm not sure. Wally, if (mumbled) (several talking and laughing) Pelds: Good evening Honorable Mayor, Members of the Council. Wally Pelds, Pelds Engineering representing Casey General Stores this evening. I'm glad Jeff had to do the presentation on everything that we worked through with the staff, the police officers. It's been great to work with staff again, urn ... couple of items. The recessed lighting that we have gone to a new LED cut -off light, so it's tucked up. You shouldn't be able to see it even out towards Desoto. On Interstate 80 you can see that new light. Uh, pumping after hours, I can address that question. That is typically not allowed at Casey's because we ... they always like to have someone on staff there to man the pumps in case something... it's a liability issue. Mims: Okay. Pelds: So typically it is not allowed, uh, the pumps do not stay on. Mims: So Casey's understanding ... I just want to make, because of the ... the, uh, ambiguity, I would say of the language, I want to make sure that the staff and Casey's are on the same page with what this means, I guess. Pelds: We understand. Mims: Okay. Thank you. Pelds: I would be happy to answer any other questions you might have. One little note, uh, part of the design review with, uh, police officer and security. Lighting is always an issue, especially when we're next to residential. We don't want it too bright where, uh, annoys them. We don't want it too dark, which entices people to do bad things. Uh, so one of the things, and also on that fence, that you're seeing every other post is to be illuminated with a downward casting light on the inside of our fence that surrounds the perimeter of the property which should (can't hear) the perimeter security lighting is a very (mumbled) location, so ... (can't hear) Hayek: Since the ... the, um, after hours pumping goes to the CZA, which we're only doing first reading on tonight, maybe there could be a confirmation before second reading, that way it clears it up. (can't hear) Dilkes: (mumbled) CZA has to be signed before the close ... close of the public hearing though and so this CZA has been signed. Hayek: (mumbled) I'm comfortable with that. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 19 Dilkes: My interpretation ... I wasn't aware of this off - hour's pumping issue. My interpretation would be as Wally has confirmed, uh, that Casey's (mumbled) (both talking) Mims: Yeah, I was just asking (coughing, unable to hear) (both talking) Dilkes: ... glad you did. Hayek: Thanks, Wally! Pelds: Thank you. Hayek: Anyone else before I close the public hearing? Public hearing is closed. (bangs gavel) 2. CONSIDER A RESOLUTION Champion: Move first consideration. Karr: (several talking) This is a reso ... it's a resolution (both talking) Dilkes: (several talking) We're on annexation. Karr: We're on the annexation first. Throgmorton: Move adoption. Champion: Oh, move adoption! Payne: Second. Hayek: Moved by Champion, seconded by Payne. Discussion? Throgmorton: So we ... we won't have a ... a discussion of the rezoning at this moment, right, because ... (mumbled) (both talking) Hayek: No, that is a separate item. Throgmorton: Okay. Hayek: So this is merely a ... (both talking) Dilkes: Annexation. Hayek: Right! Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 20 ITEM 7d REZONING HWY. 6 AND BROADWAY (CASEY'S) - CONDITIONALLY REZONING PROPERTY FROM COMMERCIAL OFFICE (CO -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE AND AMENDING THE CONDITIONAL ZONING AGREEMENT FOR APPROXIMATELY 2.31 -ACRES OF PROPERTY CURRENTLY ZONED CC -2 AND CO -1 LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BROADWAY STREET AND HIGHWAY 6. [Discussion only at formal meeting] (REZ13- 00005) 1. PUBLIC HEARING Hayek: This is a public hearing and I'll open it up again here. (bangs gavel) Any ... input from the (noises on mic, unable to hear) Okay, I'll close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Mims: Second. Hayek: Moved by Payne, seconded by, uh, Mims. Discussion? Throgmorton: I'd like to say a couple things, Matt. I ... I recognize the good work the staff, Commission, and applicant have done on this project and so I certainly intend to vote for it. It will be a... a significant improvement. But I... guess I want to express two values, as well. I personally think it's misguided to try to buffer, uh, and that ... that instead the object ought to be to seamlessly integrate, uh, and to design buildings so that one ... one would want to live near them. So ... it's just a value I have, you know, may ... maybe at some point in the future we could talk about that more. The other thing I think about as I was driving along Highway 6 today, of course, after having gone out and checked out the site and everything, and I was reminded again of how that stretch of Highway 6 is an under ... hmm, can't think of the right word. It's ... it's a resource that could be enhanced dramatically. Today we proclaimed Arbor Day, right? There are hardly any trees really along there. It should be converted into something kind of like a boulevard, and I know it's regulated or whatever by the State, but uh... surely there's something we can do to ... to jack up the quality of that entryway into the city and that... bypasses the city. Hayek: Thank you. Further discussion? Roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 21 ITEM 7e WETLAND BUFFER REDUCTION (BILLION AUTO) - CONDITIONALLY REZONING APPROXIMATELY 7.09 ACRES TO AMEND THE SENSITIVE AREAS DEVELOPMENT PLAN TO ALLOW A REDUCTION IN THE PREVIOUSLY APPROVED WETLAND BUFFER ON PROPERTY LOCATED ADJACENT TO 2845 MORMON TREK BOULEVARD [Discussion only at formal meeting] (REZ12- 00032) 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Any ex parte communication? Mr. Davidson! Davidson: Item 7e is the request from Dealer Properties of Sioux Falls, South Dakota, for a rezoning to amend the sensitive areas overlay, uh, for the property that you see before you. Orient you, uh, this is ... this is the interchange of U.S. Highway 218 and Highway 1 (can't hear) Mormon Trek Boulevard, the Billion Auto Dealership in this area. Uh, the crosshatched area you see here is a wetland and wetland buffer area. (can't hear) The purpose of the rezoning is to reduce the wetland buffer to allow for additional development area. Uh, the size of the site if 7 ... the size of the site under consideration is 7.09, uh, acres. There was a sensitive areas rezoning, uh, approved in 2003 for this, um, property and you can see here, uh, rather extensive wetland area. As a portion of the sensitive areas, uh, rezoning and development plan, uh, there was a wetland buffer approved, and it was a wetland buffer of 4.46 acres in size, and this was above the required wetland buffer of 3.5, um, 6 acres in size. Um, subsequent to the approval of this development (can't hear) the property was sold, uh, to Dealer Properties, which established the Billion Auto Dealership (can't hear) currently located on the site and, uh, they purchased that property from the original developer, JJR Davis. Uh, the wetland and wetland buffer areas were never constructed, uh, and ... the, uh, Billion Auto folks, uh, now have a desire to, and I think I've got ... yeah, you can basically see. This corner right here... essentially have that with ... what the rezoning action would ... would do, the sensitive areas rezoning, is ... is take that out of outlot B which is the wetland buffer area, and add it to lot 2, uh, yeah, there you can see — basically the corner right here would be, uh, basically become development area and not wetland buffer. So the issue of course was in the revised plan, is the wetland buffer... still adequate? Uh, and it was ... has been determined by the Corps of Engineers, which have jurisdiction over wetlands as well as our own, uh, internal staff, that the wetland buffer still exceeds the requirements for wetland buffers, uh, and uh, that it should be approved. It is acceptable in terms of still maintaining the buffer to the ... to the wetland to have it, uh, reduced in size. So the, uh, Conditional Zoning conditions that are associated with this action, uh, is that the applicant be allowed to decrease the overall size of the wetland buffer as in... as indicated on the plan you see, uh, before you. That the seeding and planting plan be implemented, basically what really should have been implemented by now, that it should be implemented and This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 22 (mumbled) (can't hear) with the plan that hasn't been approved for that action, uh, as a condition of allowing the development to go forward. Uh, and that the existing and proposed light fixtures on lot 2, the ... the portion that ... the portion ... down here, uh, that those light fixtures are located ... um, that are located within 300 -feet of residentially zoned property be mounted no more than 25 -feet above the grade. Uh, the one other thing that will occur with this, there was a lot in the county adjacent to this property, which is owned by the ... the applicant, which had been, um. ... proposed by the applicant to be used for a use that was later discovered as not allowed by the county zoning. They have indicated that if this is approved, they will basically vacate that property and it would become, um, it could still be used for any approved county use, which would be a residential use. They were suggesting to use it for a non - residential use. Otherwise, uh, it would remain, uh, vacant and basically be a little additional buffer area, in addition to the (mumbled) buffer. Are there any questions? Hayek: How did (several talking) Go ahead! (both talking) Jinx! Payne: I only have a question about a word that you used, and it's only because of a meeting I was in today and they were very picky about the words, and you said "should be installed." Does "should" mean "shall ?" Davidson: Yes, it ... it, if you approve this, it ... shall and should (both talking) Dilke: CZA said "shall." Payne: (several talking) Okay, thank you. Hayek: (mumbled) Davidson: As a condition of (several talking) Payne: Okay! Dobyns: Jeff, could you go back to the map, showing, uh ... so if I'm, uh (mumbled) It's right there! Um, I'm trying to figure out what the impact would ... which way does the water flow, down toward Willow Creek east or... Davidson: The applicant's engineer is present and if you don't mind, Rick, I'll have... Dobyns: That's fine! Davidson: I'll have him answer those questions. Dobyns: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 23 Davidson: In fact I think he has some additional pictures he wants to show you, as well. I think Adam's going to be up here and put some additional pictures in. Hayek: Before you step back, can I ask you ... how the ... the 25 -foot lighting specification in the CZA, how does that compare to the lighting elsewhere? On that property, if you know. Davidson: I, um ... I believe... again, Duane might be able to answer that better than me (can't hear) I believe that's the standard for the entire property. Oh, Duane's shaking his head (laughter) it's not. Perhaps Duane can clarify what the existing standard is for the (mumbled) Anything else before Duane comes up? Hayek: Thanks, Jeff. Musser: Good evening! Duane Musser with MMS Consultants. While Adam's doing that I'll ... I'll answer a couple questions. The current lights are 35 -foot tall. Um, it was an item that was missed with the original site plan appro ... approval for the Kia dealership. I'm working with City staff and ... and the applicant. We are going to lower eight of the existing lights down to the 25 -foot height that ... which is required when you're within 300 -foot of the residential area, and there'll be one, I believe one proposed light with this parking lot (can't hear) display area addition that would be also at the 25 -foot height. There's... there's eight existing ones that are within 300 -feet, and they will all be removed, shorter poles installed, um, as part of this approval process. Hayek: (mumbled) in this (both talking) Musser: We'll be moving one, um, we'll be relocating one and adding one new one, and then seven others will have to be taken down, new poles purchased and installed to ... to meet that 25 -foot height. Um, and what Adam just put in here, you were ...we went out to the site yesterday and we're basically standing on the existing pavement of the south end of the Kia dealership, and we're looking what I will call kind of south and east towards the existing residential houses there in the county. Um, this photo was taken yesterday afternoon, um, some concerns from the neighbors about the view. Um, obviously there's no leaves on the trees. These trees that are on, um, the Kia property will remain, um, there's no need for any part of this wetland project or the expansion of the ... the display area to remove any of these trees. Um ... part of the site plan requirement also is ... is a 20- foot landscape buffer that will wrap around the sound end of the proposed, um, display area concrete. So that would be up here on the, kind of on the top of this ridge, um, and then the... the... the dealership has also, with the ... with the good neighbor meeting with ... with, um, this ... the adjacent property owners, they agreed to put in a, I believe it's... 15 or 16, um, evergreen trees (can't hear) on that residential lot that they purchased. So those trees will be down there in that lower area you can kind of see Dane Road over there on the left, the ... the surface of Dane Road and those evergreen trees would come from Dane Road and head This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 24 back towards the right on that picture and be a double row of evergreen trees, um, they wouldn't go in right away and we're going to use that lot kind of as access to construct the wetlands and then once everything's being done, those... those evergreen trees would get installed there, um ... I ... I really don't have any questions, or ... or anything that (can't hear) I'd suggest, uh, report. Again, we are (mumbled) Corps of Engineers to do the mitigation plan. We ... we did amend the plan, um, the original plan in 2003 had some trees to be planted. We ... we've amended the plan to ... to put those in a different place where those no existing actual trees. We've upped the tree size, um, there was some concern from the neighbors about the original, um (can't hear) pounds of seed per acre. Um, the original plan had 30 pounds. I ... I really can't tell you why, um, I brought some documentation from the two seeding suppliers that talked about nine pounds per acre. Um, we're proposing 18 pounds per acre, um, so we're basically doubling the recommended manufacturer's rate for the wetlands' seeding. Um, if you're familiar at all with ... with a wetland project, with the Corps of Engineers, you have to monitor and maintain it for at least five years to guarantee that it is growing, per the approved plan. Number five, year number five (mumbled) year number six. Year number seven. So that you're obligated by the Corps with the permit you sign to maintain and make sure that this wetland is (coughing, unable to hear speaker) The wetlands' seed mix and then the upper wetland buffer, and then of course the trees we'll be planting that are, um, required with the Corps of Engineers, then all the additional landscaping and screening per the City's site plan. Any questions I can answer? Dickens: What is the timeline for construction (both talking) Musser: Well I think our ... our agreement with the City is we're ... we have, um, contractors hired and planting material ordered as soon as the weather cooperates we'll be installing and building the wetland and then the agreement we're working out ... looking at with the City, once the wetland is installed then we're going to pave the parking lot. So ... as soon as spring shows up (laughter) we're going to ... as soon as we can get in there, um, they'll plant the trees, do the seeding, and um, and then I'll seed this area right here that you're looking at that did not get finished last fall, anticipating getting this approved, would ... would get paved, um, there's a... some curb to remove, a parking lot to expand, some lights to adjust, and ... and then we'd be done, landscaping to finish it up. Payne: So the reason that we see mud in this picture is because this work was done last year and it's never finished? Musser: This ... this work was done late last fall, um, obviously we couldn't get any seed to grow. I'm sure the contractor has maintained (mumbled) keeping everything on site. Um, so I ... it's quite a ways down to the stream (mumbled) actual wetlands, um, they ... the entire outlot is ... is a detention basin. There's a couple existing dams up there, um, low -head dams and berms that were put in with the original subdivision that Davis did, urn ... wetland impacts when Davis did the original This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 25 development, the ... the mitigation plan had enhancing the existing wetlands in those berm areas, putting some wooded areas along the edges, um, that ... never got completed by the original applicant, original developer. Um, the dealership comes in, gets the permit transferred to their name, we discover through this process thinking that the original developer had done the wetlands, find out it's never been done, the dealership now has stepped up, modified the mitigation plan, and is committed to install those wetlands per the Corps and the City requirements. So that ... that will happen, the monitoring will start, you know, this fall and... and they will have to complete their monitoring to the Corps' satisfaction. Dobyns: What is downstream from this (mumbled) Musser: The ... the wetlands are actually upstream of this area. All the wetlands are upstream. This is a ... this area is a buffer. This stream strangely flows underneath Dane Road and heads towards the manufactured housing community to what I will call the east, southeast and if you're familiar with Mormon Trek Boulevard, there's a large drainage ditch that kind of (both talking) Dobyns: ... retainment pond there next to the (both talking) Musser: This does not get into that retainment pond. This ... this skirts the edge of that, and there's a large box culvert by the bowling alley, underneath, um, south Riverside Drive. Dobyns: Yeah. Musser: And this eventually makes its way down through the, what I'll call the industrial area, and heads over towards the Iowa River. So ... the subdivision has the required detention right upstream of this view and that's where the wetlands are. This is basically an upper land buffer area. There's actually no wetlands in the view of this picture here. (several talking) Thank you. Hayek: (mumbled) public hearing ... is there anyone else who would like to weigh in? Bohlke: (laughter) My name is Roxanne Bohlke. I live at 4195 Dane Road SE. It's down the road from where that photograph was taken. And we have been at all the other meetings discuss... discussing this and the wetlands that does lie right behind Billion Auto, um, they have ... the conditions of this whole agreement are that they will destroy that wetland. They will bring down the lighting (can't hear) and they will plant these trees, and my question is who polices that and who, um, like they said that that was graded last year. There's been movement and um, it looks like grading even on that area that they want to build their lot. I just want to make sure that ... (can't hear) they're not just going ahead and, you know, it's a wet spring so we can't do this and we can't get in there and we can't destroy the wetlands and we can't plant the trees, but we can grade this and we can put our This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 26 asphalt down and we can put our cars, our 40 cars that we want to park there (can't hear) I want to know who ... who polices that and who makes sure that the conditions that are laid out and were set down as a requirement for this, who polices that and makes sure that those things are all accomplished and that those promises are all upheld (mumbled) Hayek: The City polices that. Bohlke: Okay. Hayek: ...got Corps of Engineers telling us do the wetlands' work but it's ... in this agreement it's clearly specified as they can't do any development, which would include the paving, until those things are accomplished. Bohlke: I just want that to be stated out (both talking) Champion: ...good question. Throgmorton: One of the concerns at least if... if reading between the lines is that there was ... there was an agreement, uh, previously that was not lived up to, and no one within the City staff caught it for lots of... completely legitimate reasons, but it wasn't caught, so I think what you're saying is make sure you keep track of it, right? Bohlke: Yes, who's monitoring that and ... you know, who do I call later on when one thing is done and maybe the other's not. Champion: Call the City Manager. Markus: (mumbled) (several talking) Throgmorton: Call the Mayor. Markus: (mumbled) ...different departments that ... that have different parts of the responsibility of this, plus the permits control the ultimate completion of the different elements of these plans. Bohlke: Thank you. Hayek: Thank you for coming down. Anyone else? Jung: My name's Janel Jung. I live on Dane Road. And I would like the Council to know how concerned I am about this. About, uh, Billion Auto seeking to expand (mumbled) It's encroaching upon the wetlands of the small residential community. I'm not inherently opposed to progress, but how much more will they want to expand? Um, I've witnessed many dramatic changes since the This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 27 Billion dealership has moved, which have directly impacted the habitat and quality of life in this area. The dealership sits up on a hill, so even if they leave the lights sho ... shorter, they will still be ... we will be down here and still (mumbled) upon everything in that area. Um, instead of listening to birds singing, I hear the intercom with their music playing and their announcements. Uh, of course the wildlife has decreased. Um ... we have to sit on our, uh, souhside of our house instead of on our deck on the northside, um, to see ... to keep the blazing of the lights. The whole place is lit up. We can see it through the trees even with leaves on, and uh, of course we lost our stars too. Um ... I find it hard to believe that they didn't know about this wetlands that they were supposed to implement, um, a long time ago. I would think a big chain dealership would know about these things or should have been. Why did it slip through the loopholes — I don't know, or through the cracks, um, I would like you to know some of their history in the past. Um, for one thing they were parking and using the residential lot on ... directly on Dane Road for their commercial use. Um, they knew because the County zoning had told them at least twice to remove their cars and their business. Um ... they did finally move them off the property after our first zoning meeting. Um, so I'm happy for that. Uh ... another thing was, uh, their consultant sent an email to the Zoning Commission and told them that, um, everyone on Dane Road received notification about a meeting to be held at noon, on a week- day, with, um, with one of the owners of the dealership. Well as far as we know in the neighborhood there's only been ... there was only one person that showed up for that meeting, and that was probably the only person that received the notice. None of us had, at least five of us did not receive that notice. So that's disappointing. Um ... and third ... uh, this buffer is going to be smaller and is going to be narrower. It's smaller towards our homes. So ... I feel that they're encroaching upon us and with their past behavior, or if we have their (mumbled) regard for wildlife in our community, this has caused me to lose all faith (mumbled) change their non - compliant ways and ... with an expansion they will continue to hurt, I fear that they're going to continue to hurt more of our habitat and our neighborhood. So thanks for listening to me and uh ... that's what I have to say. Hayek: Thank you for your comments. Rummelhart: Good evening. I'm John Rummelhart. I'm owner of the nearest residential property to this, um, project (can't hear) proposed project. Uh, try to make it short and sweet here. Um ... um ... our, um, concerns have kind of been falling on deaf ears, at least through P &Z, and uh, that's fine. Glad to see people are, uh, coming a little more pro- business here in Iowa City. I can appreciate that. Um, but, um, as mentioned, the neighborhood meeting — that was kind of an after- thought. They have it at noon; people are actually working. One person was able to show up. Um ... uh ... the seeding plan compromised ... Duane's talking about, um ... um ... that ... or going to 18 pounds from the ... the 30 pounds in the original plan. The ... the original agreement with the original owner on this piece of property, um ... I'm ... fairly certain states, I think the entire, um, the entire outlot This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 28 B, um, which I don't know if that can be put up here, how it's sitting now or not. Can somebody put that up there? The, in the original, uh, agreement, the subdivision agreement, the staff recomm ... recommendations say the, uh, this is right from the files downstairs, uh, buried in the vaults there somewhere, the obligation to main ... to maintain outlot B shall include but not limited to ... um, the obligation to comply with the wetland mitigation plan approved in connection with the zoning ordinance, and obligation to maintain the storm water detention basin there. And then... uh ... I think that whole thing we're looking at is the entire outlot B. I ... I think originally on this whole subdivision, I don't think there's supposed to be anything on this ... on this whole damn lot. Excuse my French. Um, that ... that's the first thing. And then the second thing, um, in 03, the sensitive area overlay plan, what ... what was attached to it at that time, and that was approved back then, uh, with the owner at that time. And ... back then the buffer had already been reduced from what the ordinance recommends from 100 feet to 50, and then additionally with this buffer averaging, which is, uh, massaged in the ... in that ordinance, outlot B, it was reduced again. I'm thinking because the building and the existing lot. Now I've never taken the time to count all the parking spaces that are currently there, but there's a ... there's a bunch of `em, and so here we are now and they're requesting again to squeeze this down even tighter to get a few more spaces down at the end, and their concern really does become a ... a (coughing) ... just a ... just the lot issue, the light issue. I can appreciate, uh, a reduction, urn ... on ... on the light pole situation. But ... this doesn't ... this doesn't show it very well. There still must be (can't hear) there... there's a minimum of 10 or 15 feet elevation from where the proposed lot is down ... down to where all the houses are. So those light poles, even at 25 feet, are still way ... way up in the air, as far as any of the residential, um, the ... the residential area is concerned. So ... re ... remember the sensitive area overlay, the ... the buffer, the original buffer is, it's required unless justified, and you guys have to make a decision, um... if... if to completely squeeze out every bit of grain, um, is what you guys are looking for... for... for a few more car spaces, and a lot of light pollution, so ... so be it. Um, the light ... urn ... so in ... in, uh, in ending here, if you're passing this, uh, be sure to tie this to, uh, the annual inspection that are required with the Corps of Engineers. There should be somebody from the City assigned to that, um, the reduction in the light poles or even removal of some closer to, uh, the ... the residents would be helpful. Um, keep the 03 seeding plan. That's what was agreed upon originally. Urn ... urn ... let some stuff ...grow and take off in there like ... like they're talking about. And then, um. ... urn ... just be sure you take a long, hard look at why we even have this sensitive overlay plan, um, you know, if you're ... if this just gets rubber- stamped, you know, look inside yourself and think about why we have it and what it means and um ... and ... and that's it. So, urn ... appreciate the time. Thank you. Hayek: Thanks, John. Anyone else during this public hearing? Okay, before I close it, need to take the temperature of the Council. Is there an indication that Council will not support P &Z's recommendation? This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 29 Champion: I have some questions. (shuffling noises) Throgmorton: I do too. I ... I think John in particular raises some, uh, significant points. Mims: I've got questions. Hayek: (both talking) Mims: Yeah. Jeff, can you come back up please? Champion: Uh huh. Mims: I guess my first question is the difference in what John has mentioned as 03 plan, that the comment was made about the original seeding being 30 pounds per ... acre or whatever versus (both talking) Davidson: ...that is something that received some discussion at the Planning and Zoning Commission. I think it's ... there's some correspondence in your minutes about that. Um, and I did ask Bob Miklo, who was at the Planning and Zoning Commission. I think it's ... there's some correspondence in your minutes about that. Um, and I did ask Bob Miklo, who was at the Planning and Zoning Commission about that when he and I were reviewing the case before the meeting tonight. Um ... I certainly can't speak to what was approved in 03. Um, I asked Bob, I said the ... the seeding plan, in case I get questions about it, has been approved by the Corps of Engineers and by our internal wetland's specialist, and he said it had and that in fact I believe the numbers that Duane gave you are an increase. I think nine was approved and they have indicated voluntarily they will go to 18. Previous speaker said he didn't feel that was far enough, but ... just so Council's clear for your decision making, nine was what was approved by our wetland's specialist and the Corps of Engineers and the applicant will voluntarily go up to 18. Throgmorton: But it may well be that something greater than that had been previously approved. Davidson: It may well be (both talking) Champion: My question is, Jeff, and I ... I don't know how to look back on this. But we had a lot of discussion of the lighting in this when this first came to the Council. And I ... I'm wondering, did we require 25 -foot poles then, and they were put in higher or ... what was that? Do you know? Davidson: I believe there was some kind of an oversight and that the poles within 300 feet were supposed to have been 25 feet. It was later determined that they were 35 feet. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 30 Champion: See, that kind of thing really bothers me! That they didn't follow their own agreement, and... and I have real problems with that kind of thing, and I think it's nice they're going to lower `em. I think we should make `em lower it anyway! Whether they want to or not! I ... I have some problems with this. I don't think it's all so clean-cut, and I'd kind of like ... dislike getting rid of that green space for how many more cars. This is a huge dealership and I ... until I ... think about this, I (can't hear) tonight. Dobyns: That was a previous owner, wasn't it? Champion: No! This is Billion Auto! Dobyns: No? Okay. Davidson: Current owner's the one who would have installed the lighting (both talking) Champion: Right! Exactly. Who we had the agreement with, and I'm wondering what else wasn't adhered to. Including the planning (mumbled) Throgmorton: I ... I was on the Council in 95 or thereabouts when we adopted the sensitive natural areas ordinance, uh, I felt very strongly about it then. I feel very strongly about it now. So I ... I'm pretty leery about making adjustment and then making adjustments and then making adjustments, and so on. Champion: Well (mumbled) I probably would ... given some thought to making the adjustments, but I remember the discussion with the neighbors and the company and all this lighting and they agreed to do certain things and then they ... behind their backs. I didn't go out there and measure. I don't have a measuring tape that long. But I ... I'm really kind of disturbed by hearing that. I really am. I don't know if I trust `em. Mims: To clarify, Jeff, the ... the comments that were made earlier about the wetlands area. That was a previous property owner that did not do what was ... planned to be done? Davidson: My understanding was the previous property owner should have installed that. It was not installed. Mims: Okay. I just wanted to clarify that, because if people are having issues with the current property owner, I just want to make sure we're clear on what those real issues are. Throgmorton: But the requirement runs with the land, does it not? Champion: Yes (mumbled) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 31 Payne: But if this property owner didn't know that it wasn't done, I mean ... he's doing it now. Champion: Oh come on! This is a big (mumbled) This isn't me leading the contract. (several talking) Mims: ...property you should be doing that (both talking) Champion: Exactly! (several talking) Throgmorton: ... something similar when you bought a house and ... you didn't read the stuff, you didn't know. Payne: You would do it when you found out you did ... it didn't get done! Champion: Yeah, I think you would know before that! Throgmorton: You ... you'd take care of it because you'd already read the contract. Hayek: Can you speak to staff's, um, analysis of the ... uh ... the ... the light, lack of a better word, light pollution through the trees and ... and that sort of thing? Davidson: Yeah, I mean the City's lighting standards are intended to, uh ... to try and reduce the negative impacts, um, of lighting. And then of course we typically introduce special conditions as part of conditional zoning agreements when we have residential adjacency to a commercial area that ... that's going to be lit much higher than you would find in the residential area. And that's part of the rationale of 25 foot height. Um, certainly the elevation change that the previous speaker spoke of is a ... perfectly, you know, valid issue and I don't know if within our lighting standards there is a way to address that when you have such a significant lighting change. I mean, my guess is that if you had 10 -foot high poles the issue that the speakers spoke of because of the elevation difference might still be an issue. Uh, you could put cut -off shields (coughing, unable to hear speaker) I... I'm sorry, I can't tell you if that's required by air standards or if something that can be introduced as... as a special (can't hear) cut -out. We do that on street light poles all the time. We put cut -off shields so it doesn't glare in a residential. Hayek: That's not part of this CZA. Throgmorton: Could be! It could be. Davidson: (mumbled) Dilkes: No, if...if...just as a reminder, if there are additional conditions that you are contemplating, then you're going to want to continue the public hearing. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 32 Throgmorton: Right. Markus: Jeff, is the, uh, ordinance stipulate, uh, restrictions as to the transfer of light to adjacent properties? Davidson: I believe we have standards in our zoning code about that that HIS (both talking) Markus: But because of this elevation difference, you're going to have this height. Was this, was there testimony given during the P &Z that suggests this? Davidson: I believe ... I believe there was (can't hear) I wasn't present at P &Z but perhaps some of the speakers here could (mumbled) Payne: And is the light actually spilling over onto the residential property or can they just see it? Davidson: Um ... I, that would be a (Can't hear) better question for the people who (mumbled) Hayek: I think the applicant's, uh, engineer (mumbled) Musser: Duane Musser, MMS Consultants. I'll try to answer as many questions as I heard. As far as a history of the ... of the wetland mitigation. Um, Davis originally developed this. If you remember there was a ... a four -shoot public street put in, um, and it was never quite completed when Billions came to purchase this. There was a punchlist of items that, um, needed to be addressed before the City would release it and Billion could move forward with re- subdividing into one large lot, removing the public street, getting that vacated and changing the public improvements. At that time on that punchlist, the ... the wetland mitigation was not an item. It was not addressed by the City staff review, um, Billion bought the property in good faith, believing that all the permits and everything was taken care of accordingly to the City and ... and Corps' requirements. A ... a few years after purchasing it the ... the Corps permit was transferred from the Davis ownership name into Billions. Again, Billion believed at that time when that ... when that permit was transferred that everything was addressed with the wetlands. Not until, um, we came in with this application it was requested by City staff to give a wetland update. Uh, we went to the Corps. The Corps' records showed, um, it's a little confusing. Davis also did the Menards site and there was a separate mitigation plan of the Menards' site and Davis did some of that mitigation for that impacts on his personal residence, um, and had a different consultant than MMS monitoring that, sending reports to the Corps. The Corps believed that all the mitigation was being done. And ... and not until staff asked, not until we went to the site, was it discovered that this mitigation plan never got implemented and was not being monitored, that the Corps and everybody believed. So that's the history of that. Uh, Billions' name is now on the permit. Billion is obligated to put in the mitigations and monitor This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 33 them until they are complete. Um, I ... I've got the seeding charts here from the seeding supply company saying nine pounds is what they recommend. They sell seed for a living, that's how they make their money. Uh, we're agreeing to put in 18 pounds. The Corps says that's great; City staff says that's fine. I ... I really can't address how it came up with 30 on the original. The seeding company says if you want to throw money out the door, go ahead and put 30, but only so much of it is going to grow. Um, if it doesn't grow the first time we plant it, we have to plant it again. We have to plant it again. Um, as far as the lights, all the lights on the ... all of Billion are 35 -foot tall. Um, these were approved by staff as 35 -foot. There was some confusion early on because the ... the residential is in the county. If the 25 -foot height within 300 foot applied because the residential zoning was in the county and not in the city limits, um, staff wasn't sure if that was applied or not. Billion through this process and the concerns from neighbors, agreed to put ... to modify any lots within 300 foot to the 20- foot ... 25 -foot height. So I don't know if staff and the building department ever determined if you can take that residential zoning in the county and apply it to the City rules but Billion said they would lower all those lights to 25 -foot. (mumbled) if anybody else had anything else (mumbled) (can't hear) I'd be happy to try to address it. Hayek: Is directional light (both talking) Musser: Okay, yes, thank you, Mr. Mayor. The lights, um, the lighting plan, uh, this is different than photometric plan that we're required to do for, uh, a residential, multi - family or small commercial. A dealership or a large commercial use in Iowa City has to have an LTC status lighting engineer design those, um, and all lighting that we design in the city now is downcast and shielded. If you would go out and look at those lights, the lights, the bulb itself, is basically up inside what they call a shoot -box and then on the backside of that shoot -box is a ... is a half a globe that the light can't penetrate through, and that... and that globe is... faces the property line so that light basically cuts off, it's a cut -off light, and then shines straight down and into the lot. None of that light on this photometric plan is allowed to bleed off of the property. Obviously because of elevation change, you can't shield that view, but it does not bleed out into the right -of -way. It doesn't bleed across the property line. There's only so many lumens per the acreage that you can produce with your new lighting plan. So all that stuff is regulated under this code, um, designed by a lighting engineer and is approved by City staff. Hayek: And is that lighting at the edge of the property, or is that the sort of lighting you see throughout the dealership property? Musser: That lighting is particularly at the edge so none of that lighting bleeds out across property lines that (mumbled) right -of -way. I can't tell you if the lights within the interior also have those, but I know they all are designed to shine directly down. If you would look at one of those lights, it's ... it's basically a box with a bulb up inside of it and it shines down. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 34 Hayek: Thanks, Duane. Musser: Thank you! Rummelhart: Can I step back up? Hayek: Briefly, John! We've got a real long agenda! Rummelhart: I'll be so brief you won't believe it! (laughter) If, uh, I think (mumbled) keep in the back of your head. Just from what Duane was saying and the history of this property, I go back to ... try to remember originally the original agreement, the way it was supposed to be, not with all these changes and less seed, because they're not supposed to be in ... in here. I don't think there's supposed to be any buildings of any kind on that whole outlot B. I could be wrong, but from the information I've got, I don't think so. (can't hear) So at some point, you've got buildings. You've got a parking lot, um, I don't know, football length in some, going down the street as it is. I mean ... when there wasn't originally supposed to be anything there. At ... at some point when do you say stop? I mean, seriously! I ... it's ... it's a pretty simple equation. They want I don't know how many more spaces. They say 40 spaces. I never counted `em up. I don't think it's that many but ... uh, and I'm sure they got a justifiable reason, but come on! They've got ... they got nine - tenths of what they're looking at now and I don't think there's supposed to be a lot or a building on the whole darn thing as it is, and they're wanting more! So ... think about that! Thank you! Hayek: Thanks, John. Before I close the hearing, is there an indication that the majority of the Council will vote against this? (can't hear) Mims: I will support it hesitantly. Champion: I'm not going to support it at this point. Throgmorton: I don't intend to support it. I want to be confident the building will be a good neighbor. Dickens: (mumbled) Hayek: Yeah, I ... I think on that issue, I think it's an administrative, bureaucratic, uh... Champion: Nightmare! Hayek: Well (mumbled) but I'm satisfied with the explanation, um, I'm ... I'm inclined to ... to support this, based on the staff review and ... and P &Z vetting. Dobyns: I'll be voting against it. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 35 Payne: (mumbled) Hayek: It's 4 — 3 sounds like. (several talking) (mumbled) Jim's against, and... Mims: Okay. Hayek: (mumbled) Okay. Based on that I will close the public hearing. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first (bangs gavel) consideration. Sorry! Hayek: Moved by Payne. Mims: Second. Hayek: Seconded by Mims. Discussion? Mims: Well I'll just, you know, as part of the discussion I'll just say I ... I think expansions like this are always difficult, especially for neighbors, and I think, you know (can't hear) boundary issue with the City and the County. That may have complicated some things as well, um, in the process and maybe some interpretation, um ... but I think it's just a fine line that we walk in terms of, uh, trying to support businesses within the community, um, in an area where they already are, and at the same time, um, try and protect those, uh, nearby neighbors who have different property (mumbled) I think with, hopefully the shielding of the lights, uh, it doesn't take it away. People are still going to be able to see it from their homes — I understand that. Um ... but ... but again, with what's already there and mitigation's being done for the wetlands, uh (mumbled) Champion: I think you should think about this differently and I ... I don't ... I know I'm not going to change your thought but I don't really care if these people are in the county or in Iowa City. That's their houses (both talking) and I think that needs to be taken into consideration. And I think you are just (mumbled) I don't like the whole idea! Big is big. (mumbled) Throgmorton: I ... I'd kind of like to go out there at night. I ... I don't know, you know, maybe I could visit with a neighbor. There's no violation, uh, rules or anything to do that, is there? Dilkes: Not if you disclose the conversation. Throgmorton: If I do what? Dilkes: If you disclose the conversation the next time (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 36 Throgmorton: Yeah, yeah, I'd like to do that. So if any of the neighbors, uh, would be interested in having me come out and take a look at night, assuming spring rolls around within the next couple weeks, there'd be a good thing! Hayek: This is first consideration. Any further discussion? Roll call, please. First consideration passes 4 -3. Everybody doing all right here? (mumbled) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 37 ITEM 7f HAWKEYE COURT REZONING - REZONING APPROXIMATELY 27.8 ACRES LOCATED WEST OF MORMON TREK BOULEVARD AND NORTH OF HAWKEYE PARK ROAD FROM INSTITUTIONAL PUBLIC (P -2) TO INSTITUTIONAL PUBLIC/MEDIUM- DENSITY MULTI - FAMILY (P- 2 /RM -20). [Discussion only at formal meeting] (REZ13- 00001) 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Any ex parte communications? Mr. Davidson. Davidson: The applicant for this item is the University of Iowa. The requested action is a rezoning from public P -2, and that is the public zoning classification that the State and federal institutions fall under. P -1 is what us local entities fall into. Uh, it is currently zoned P -2 and the idea here is to put a, uh, an RM -20, which is a multi- family zone, uh, over ... over it as an overlay so that the resulting zoning would be P- 2 /RM -20. The intention is to allow the ... is to allow a private developer to construct and maintain an apartment complex on University owned land. Uh, here is the location, uh, along Mormon Trek Boulevard. This is the current location of Hawkeye Court Apartments. Uh, to orient you here is Mormon Trek Boulevard, Hawkeye, uh, Park Drive, the soccer fields and intramural fields in this area, uh, and this is the Hawkeye Court, uh, complex. Currently consists of ...oh, this site is, uh, 27.8 acres. The land is currently used for Hawkeye Court Apartments, which is a University -owned and managed student housing complex. So obviously the ... the change here that's occurring is for a private entity... entity to come in and to build, own, and manage, uh, a complex on University - owned, uh, property. Uh, there are existing, uh, on the site here, and I think I have ... yeah, here's an aerial showing fifteen buildings, two -story buildings, uh, which contain one and two - bedroom units. There are a total of 504, uh, units. This area ... down here is in the flood plain and was impacted, uh, by the 2008... um, 2008 flood and has not been in use since that time. Uh, what is proposed, and we don't have any pictures of what is proposed because, uh, we haven't received any from the University, but what is, um, proposed is ... uh, a couple of buildings that would have 250, uh, 252 new units in Phase 1. There could be an additional number, uh, added then in a subsequent phase, but 252 initially, um, that would be constructed, uh, it would result in ... in approximately the same density that's here now, if both phases were constructed. Uh, the big change is obviously in who lives here. There have been, uh, totally University- oriented, uh, individuals living in the Hawkeye Court complex, um, since it, uh, was built in the 60s. Uh, under the, uh, arrangement that the private entity and the University would have, uh, University- affiliated folks would receive first priority. The goal would be to have the entire complex occupied by University people, but if they are unable to fill it, then at some point the private entity would be, uh, allowed to open it up to the rest of the regular market. Um, the building will be taxable. The property will not be This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 38 taxable. Uh, staff recommendation is for approval. This is ... this type of housing is consistent with the Comprehensive Plan for the area. Are there any questions? Payne: So could they build in the flood plain? Davidson: Uh, I believe as long as the habitable first floor is a foot above the, uh, 500 -year flood plain level that you would be allowed to, but I ... I believe, Michelle, that the, none of the units as proposed will be in the flood plain. Payne Currently. Davidson: Yes. Throgmorton: Jeff, would the new developer have an incentive to increase rents over time as a result of the interaction of supply and demand (both talking) Davidson: ...not know how the arrangement is structured in terms of the rents that will be charged. I ... I know there has been some correspondence. I think you've seen some correspondence in the packet about that it's going to cost more to live here now, but that has been a matter between the University and the ... the private entity. Hayek: And ... and I saw that correspondence, um, but I ... I wonder if maybe, Eleanor, you can help us. I mean, what's (mumbled) details such as lease terms or rent? Dilkes: Typically we say no. I mean, the issue is the land use, not who's going to live there. Davidson: And there's no conditions on this one, that's why you know we don't have a ... they're not ... they're not being limited to build a specific plan that you have before you. Basically anything under RM -20 could go in here. Hayek: In terms of information from the University, all we have is ... statements that the University officials at P &Z hearings or general communications. There's nothing... Davidson: Right. They have met with (both talking) Yeah, we've sat down and met with them, and they've told us what the plans were. Throgmorton: I ... I guess I'm wondering where the students, uh, who currently live there are going to live in the future, and what the implications of that are for, uh, the housing market in core neighborhoods. I guess that's not (both talking) Dilkes: It's really not (both talking) Throgmorton: ... wondering, you know... This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 39 Dilkes: I know you're wondering and I don't want to cut off your wondering (laughter) I just want to make sure we're on the same (laughter) page. Davidson: Anything else for me? Hayek: Thanks, Jeff. Anyone else before I close the public hearing? Is there any indication that, uh, Council will vote against this? Okay, close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Mims: Well certainly want a positive. (mumbled the property (mumbled) tax roll. Champion: And it'll actually be a great improvement from what's there now (several talking) Mims: Those are some old buildings (several talking) Hayek: Served their purpose! Mims: Yes! Hayek: Uh, roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 40 ITEM 7g HOUSING COOPERATIVES AND FRATERNAL GROUP LIVING - AMENDING TITLE 14: ZONING TO DEFINE ROOMING HOUSE COOPERATIVES AS A TYPE OF FRATERNAL GROUP LIVING USE AND TO SPECIFY THAT FRATERNAL GROUP LIVING USES ARE ALLOWED BY SPECIAL EXCEPTION IN THE RNS -20 ZONE AND TO MODIFY THE RESIDENTIAL DENSITY AND PARKING STANDARDS FOR SAID USES TO BE CONSISTENT WITH THE DENSITY AND PARKING STANDARDS FOR MULTI - FAMILY USES. 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Mulford: Hi, my name is, uh, Justin Mulford, and right now I'm, uh, currently working on a project with, uh, the Sigma Phi Fraternity, and what I'm here tonight asking for is, uh, as part of this code amendment is to allow, uh, a project that I've been working on, uh, been working with the City on since, uh, the first of February, is to allow the ... allow that project to maintain the density that is currently in place now. Um, with the new density standards, the new, uh, that are coming with this code amendment, um, this building, uh ... will change and not be, uh ... feasible to build, uh, with taking the amount of roomers from 18 down to 13, and (mumbled) feasible, uh, financially. And so what I'm asking for is, uh ... to allow it to, uh, allow me to continue to work with the City, cause what ... what's happened since the first of February when I initially, uh, submitted my first site plan, um, these code amendments have come up and I went back to the drawing board and have now gone through and put 15 -foot of livable space on the first floor and I've gone through and redone the parking (can't hear) to come up to all the new standards, except for the density. And ... cause the density's the sticking point on how I can, you know, pay for this building, you know, with 18 and not 13, um... I mean ... asking since I've met all of the other criteria to allow, uh, the density for this certain project to be, uh ... allowed so that I can continue on with the project. Hayek: Any questions for Mr. Mulford? Thank you. Is there anyone else from the audience who wishes to weigh in on this item? Fixmer - Orait: My name is Vanessa Fixmer - Orait and I reside at 437 S. Governor Street. I have newly arrived to Iowa City and will be in the Urban and Regional Planning Program in the fall so I will see more of you. Um, my wife and I actually purchased a house through the UniverCity program, 437 S. Governor Street, and um, I just want to urge you to please vote for the proposed changes because I know when we're talking about density (can't hear) 18 versus 13 it doesn't sound like a lot, but there has been a lot of movement for historic preservation, and that area I know south of Governor Street, Lucas Street, kind of on both sides of Bowery, um, especially with the ... with the University prog ... or the University housing program, and it seems like it would be a step backwards to then have a This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 41 fraternity on the other side, um, still in very close proximity, um, 13 boarders versus 18 boarders doesn't sound like a lot, but in our neighborhood, we've really been making a lot of leaps and bounds in terms of keeping, you know, single - family homes, keeping it still mixed, but there is ... you know, a lot of partying, there's a lot of traffic, things like that still happening, and (can't hear) and um ... it doesn't sound like a lot, but I think that it would be, in particular with the (can't hear) parking as well. Um, so I just wanted to say that please vote in favor of it. (can't hear) Hayek: Any other input from the audience? (unable to hear person away from mic) ...briefly. (can't hear) Mulford: Uh, Justin Mulford. Uh, real quick to, um ... uh ... kind of light on the subject, uh, the houses (can't hear) ...corner of Burlington and Governor, they're not in (mumbled), um, and ... or they're not, um (can't hear) district and ... right now the, because it is...would be affiliated with the University, they're required to have a live -in adult, and with a live -in adult, that provides a management plan for all the neighbors so that, um, if there ever is a problem (can't hear) responsible adult on the property, uh, which is totally different than the apartment buildings. So therefore any neighbor is allowed to call that person at any hour to report any problems that they're having, so as to, um ... what somebody in charge, versus you know a large house or also a apartment building. Thank you. Hayek: Anyone else? Public hearing's closed. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Karr: Motion to accept correspondence. Mims: So moved. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. Champion: Move first consideration. Payne: Second. Hayek: Moved by Champion, seconded by Payne. Discussion? Champion: Well, I am going to support this. I ... I think (mumbled) plan was neighborhood stabilization and when we started making these zoning rules and changes, I knew it would affect some people in a negative way, but I think in the long run it's This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 42 going to benefit Iowa City greatly. So I'm definitely going to support this, um, change. Mims: Well, I would agree with you, Connie, and ... I think it's always difficult when somebody has started a project, but I think as Eleanor had indicated to us earlier, if there's not already a permit in place or an improved site plan already in place, I mean, we ... we have to have some definitive progress in a project, I think, to consider kind of grandfathering it in. Otherwise... where, you know, where's that line where somebody says well I started on this, I mean, there needs to be a definitive line, and it sounds to me from staff that that is the definitive line and it has not been met in this case, unfortunately, um, so, yeah, it is going to have maybe negative impact but I think (mumbled) property you're a developer, but I think as you said, Connie, overall ensures neighborhood stabilization which are things we've been talking to staff about, you know, making changes to, and I think we've been making a lot of progress (mumbled) that direction. Hayek: Yeah... go ahead. Throgmorton: I ... yeah, I completely agree with both of those statements, but I find myself thinking it's not for me it's not a slam dunk because we just learned, just heard that hundreds of, um, units currently occupied by students (mumbled) Mormon Trek are going to go away and those students are going to end up having to live somewhere and we've ... we've, in the past, indicated, uh, at least there's been many conversations about the desirability of having apartment structures that have live -in adults with ... um, with the students. So... Champion: An adult is 19, or 18! Throgmorton: (mumbled) ...giving me quite a look there! (laughter) Hayek: No, no! (laughter) Curious about (mumbled) (both talking) Throgmorton: yeah, well, you know, um, so I ... I think (several talking) some control taking place within... within the structure. So (mumbled) somewhat ambivalent about it, but though I strongly favor the ordinance, you know, in general, absolutely a strong favorite. Hayek: I guess I would... I'll... I'll support this, I mean, the ... the density matters, and ... and, especially with respect to the measures we've taken in these fragile neighborhoods. That was central to some of the legislative work we did over the last year to, you know, this ... plugs a gap, uh, in ... in that, um ... and uh, it's consistent with our overall goals for ... for that area, and there's still the special exception... route, uh, may or may not work in a case like this, but it's embedded in, uh, this proposal (mumbled) Further discussion? First consideration roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 43 ITEM 7h STANDARDS FOR STRUCTURED PARKING - AMENDING TITLE 14, ZONING CODE TO ESTABLISH PARKING LOCATION STANDARDS AND ENTRANCEWAY STANDARDS THAT WILL REDUCE THE VISUAL IMPACT OF STRUCTURED AND SURFACE PARKING AREAS ALONG RESIDENTIAL STREETS IN MULTIFAMILY ZONES 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Okay, I will close the public hearing. (bangs gavel) (several talking) You know what, I need to take the temperature. Is there indication that Council will ... not vote for this? (mumbled) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Throgmorton: This is much needed. Hayek: Roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 44 ITEM 7k CRISIS CENTER REZONING — ORDINANCE REZONING 0.78 ACRES OF LAND LOCATED AT 1105 GILBERT COURT FROM PUBLIC (P -1) TO INTENSIVE COMMERCIAL (CI -1) (REZ13- 00006) [Discussion only at formal meeting] (SECOND CONSIDERATION) Mims: Move second consideration. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Any ex parte? Dickens: I just had a meeting with Tom Markus and some of the Planning staff, just about the (mumbled) area. Has nothing to do exactly with the zones but it does have to do with neighborhood (mumbled) Hayek: Any further disclosures? Any discussion? Roll call, please. Item passes ... uh, item passes 7 -0. (can't hear) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 45 ITEM 71 RUPPERT ROAD REZONING — ORDINANCE CONDITIONALLY REZONING 2.12 ACRES OF LAND LOCATED SOUTH OF HIGHWAY 1 WEST, EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE (REZ13- 00007) [Discussion only at formal meeting] (SECOND CONSIDERATION) Mims: Move second consideration. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? Any ex parte communications? Mary, I know you're here for this one. Gravitt: Yes! My name's Mary Gravitt. I remember Ruppert Road from when the Super Walmart was getting discussed. Now (mumbled) something's so important about Ruppert Road that ... that this went on for ... for as long as the argument about whether we going to have a Super... Super Walmart. So I, uh, was on ... I took the bus, I was going to Walmart anyway, so I took the bus (can't hear) and I was shown where the, uh, Aldi's is going to rebuild. Okay, and I noticed the road. That road is too narrow. When a piggyback truck that brings the cars into the car dealership comes, the bus has to squeeze on the other side of the road. So, and then, uh, what about delivery trucks? Is Walmart still going to be using that road, as narrow as it is, to get their deliveries in? Because they specified that they wanted this road. Now, um, the road, like I said, the road is very narrow. Is the road going to be widened so that traffic can get through, because the bus comes ... even, even if it's the Saturday bus, the Towncrest and the Oakcrest do the Saturday run. It still has to use that narrow road to come out to Highway 6. So ... that's my own thing about that and I still say they should have a bus, uh, shelter there, because I know something about the bus shelters. People complain about `em, that they're very ... that they're this and they're that, but the transportation company used to have people that ... that was their job, to clean out the bus shelters. To wash the windows, to sweep `em and so on and so forth, and I think those people got laid off. But before anything is done about that, somebody should come here from Iowa City Transit and discuss that road, and to see if...if what I am saying, that the road is too narrow, is really true. Riding a bus, lookin' out the windows, it's too narrow. Thank you. Hayek: Thank you. Anyone else? Council discussion. Roll call, please. Uh, second consideration passes 6 -1, Throgmorton in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 46 ITEM 7o REZONING ON JEFFERSON STREET — ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.465 ACRES OF LAND FROM COMMERCIAL OFFICE (CO -1) ZONE TO HIGH DENSITY MULTIFAMILY (RM -44) ZONE FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET (REZ12- 00030). [Discussion only at formal meeting] (SECOND CONSIDERATION) Payne: Move second consideration. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Any ex parte since the last... Throgmorton: no. Hayek: Any further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 47 ITEM 7p COUNTRY CLUB ESTATES 4 -7 ADDITIONS — RESOLUTION APPROVING PRELIMINARY PLAT. Davidson: The Mayor asked me to just (both talking) Hayek: ... get it on the floor first. (mumbled) Mims: Move the resolution. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Mr. Davidson! Davidson: Uh, since this is a new item the Mayor asked me just to go through it very quickly. Uh, this area right here is, uh (can't hear) uh, 4, 5, 6, and 7. Uh, this is a, uh, preliminary, or excuse me a ... uh ... yes, I'm sorry. I lost track here, uh ... Country Club Estates Parts 4 through 7. The applicant is S &J Development (mumbled) area. Request is for a preliminary plat approval. Uh, it would approve Country Club Estates Parts 4, uh, through 7. Uh, just to orient you, here is Lakeshore Drive (mumbled) west of Lakeshore Drive. 51.1 acres. Uh, preliminary plats of Parts 3 through 7, uh, was approved in 2009, uh, part 3, down here, was constructed. Parts 4 through 7 were not constructed, and the ... in 2011 the, uh, preliminary plat for Parts 4 through 7, which you have before you, uh, expired, and this is the replatting. It is basically the same proposal as what, uh, was approved in 2009. Uh, therefore a couple of lots that were made bigger and a lot ... a lot was lost. There's one fewer lot than there was in the 2009, uh, plan. Uh, the only other thing here, you see the preliminary plat, uh, there is a provision, uh, in the legal papers which calls for this street access to Slothower Road to be barricaded until Slothower Road is, uh, improved, which there is no plans to do at the present time. Uh, when that is improved then this would be opened up. Otherwise you can see that parts 4 through 7 are all single- family lots. There is a ... the open space for the entire subdivision, larger subdivision, is outlot B right here. This is publicly owned property where the City has plans to eventually to put a water storage tank. So, uh, drainage way and storm water area through this area here. Any questions? Payne: A question for Eleanor. I was on ... I should have asked you this when I talked to you earlier today. I was on Planning and Zoning when this was originally approved. Is that a ... issue now? Dilkes: No, I think you can (mumbled) Payne: Okay, thank you! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 48 Davidson: Your following item then, uh, just in the interest of time I'll do it real quickly. Right here is a final plat for Part 4 and you can see that here. This notch that's removed, that you see right there, is the access to that open space, which will eventually be a City park. Any questions about either of the preliminary plat (both talking) Throgmorton: I ... I had, yes, one quick question about the open space, urn ... what ... it's not going to be a park, right? It's just going to be open? What ... (mumbled) Davidson: Um ... I don't know if that' (mumbled) The idea is that it would be a public park, um, and again, this was so long ago. I assume... Throgmorton: It's been dedicated by the developer to the City (both talking) Davidson: Right, it ... it, the ... the leagu...the legal papers would call for it to be dedicated. Typically what happens, Jim, is it has to be (can't hear) construction occurs in the area and then it's put into a condition that's appropriate for the City to accept it. Uh, and Parks and Rec Director goes out and looks at it and says it's ready, and then we accept it and ... it becomes a public park. Now it's not always developed right away. You'll recall Fraunholz Miller Park in east Iowa City is just sitting there, a vacant lot, and it'll be up to the you to actually program the funds to have it developed into a park. This would be the same ... same deal. Throgmorton: Thanks. Davidson: Any other questions? Dobyns: (mumbled) Davidson: City limits, I believe, is, uh, Slothower Road right here. (several talking) Hayek: Thanks, Jeff. We're still on 7p here. Any Council discussion regarding it? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 49 ITEM 7q COUNTRY CLUB ESTATES FOURTH ADDITION - RESOLUTION APPROVING FINAL PLAT. Payne: Move the resolution. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 50 ITEM 7r LINDEMANN PART FOUR -A - RESOLUTION APPROVING FINAL PLAT ITEM 7s LINDEMANN PART FIVE - RESOLUTION APPROVING FINAL PLAT Hayek: Need a motion on 7r and 7s. Champion: move to defer. Payne: Move to defer r and s to ... the... Dilkes: May 14... Payne: ...May 14th meeting. Champion: Second. Hayek: Motion moved by Payne, seconded by Champion. Move both 7r and 7s to the May 14th meeting. Discussion? Those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 51 ITEM 9.$6,500,000 GENERAL OBLIGATION BONDS — INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A. a. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) Bockenstedt: Good evening, Dennis Bockenstedt, Director of Finance, um, tonight on the agenda there's four hearings regarding the 2013 General Obligation Bond issue, uh, Items 9 through 12. Uh, the 2013 GO Bond issue were based on the City's approved, uh, five -year capital improvement program. Uh (mumbled) proposed projects. $6.5 million was for central corporate purpose projects, uh, mostly street, sewer, uh (mumbled) improvements are for (mumbled) improvements. Uh, the total (mumbled) bond issue is $8,070,000 and bonds, uh, sale is scheduled for June 18t`, and I'll be happy to take any questions if you have any. Hayek: Any questions for Dennis? Champion: I'm just curious, what is the interest rate now on some of these bonds? Bockenstedt: Uh, well the (both talking) around 2 %. (mumbled) fluctuates but it's about 2 %. Hayek: Thanks, Dennis. Anything from the public? Public hearing's closed. (bangs gavel) b. CONSIDER A RESOLUTION Mims: Move the resolution. 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 Iowa City City Council special formal meeting of April 23, 2013. Page 52 ITEM 13. TRANSIT FUNDING APPLICATION - AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2014 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING a. PUBLIC HEARING Hayek: The public hearing is open. (bangs gavel) For the public's information, uh, Transit will be receiving approximately $435,000 in Iowa DOT STA Formula funds and is applying for about $19.5 million in FTA capital funding, approximately $1.65 million of that to operating costs. Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Payne: Move the resolution. Mims: Second. Hayek: Moved by Payne, seconded by Mims. Discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 53 ITEM 14. HOUSING AUTHORITY'S ANNUAL PLAN - ADOPTING ANNUAL PLAN FOR FISCAL YEAR 2013. a. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Payne: Move the resolution. Mims: Second. Hayek: Moved by Payne and seconded by Mim ... Mims. Discussion? Throgmorton: Matt, I'd like to ask Steve, our friend Steve Rackis, a question. There's an awful lot to process in... in these three documents and, uh, too much actually to kind of absorb, uh, quickly. What... so I want to ask one general question, Steve. You don't need to go into a lot of detail. How much of this, of the proposed changes and ... and the ... and the, how much of the plans' content fall within the ... the discretion of Iowa City, rather than being a requirement of external funding authorities? Rackis: The, uh, the annual plan ... uh, really the annual plan is a report. The five -year plan, uh, (mumbled) or excuse me, the five -year plan coincides with the City Steps, the consolidated plan. This is simply a report and a required application for our capital funds. Uh, so... so, again, what we just present is the report of who's on the program, who receives assistance through the program, and ... and that various statistics. Throgmorton: All right, so I guess I really meant the ... the, uh ... uh, what's the right term? What are the other components of...of admissions or, not admissions ... uh (both talking) Rackis: ...the other items? Throgmorton: Yeah, the other two items! Rackis: Uh, Items 4 ... Items 14 and 15, urn ... if...if it was just a matter of a typo, um, we just change it. If there's a substantive change, it requires board action, and the Iowa City Council is the board for the Iowa City Housing Authority. You are the Iowa City Housing Authority. So when we make changes (can't hear) to, um ... uh, what we can deny assistance for, terminate assistance for, or how we're going to count income, uh, or various things that require a policy change, then we This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 54 have to come, uh, to you, uh, to ... to get that change (mumbled) So that ... that would be Item, uh, 15 and Item 16. Throgmorton: Okay. I ... I guess I'll have to talk to you separately and ... try to understand it more thoroughly. Hayek: Thanks, Steve! Any further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 55 ITEM 18. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Hayek: Uh, at our work session, uh, Council tentatively agreed with appointing Christine Ralston to the Housing and Community Development Commission, and Jodi Theobald to the Planning and Zoning Commission. Is there a motion? Champion: Move approval. Mims: Move approval. Hayek: Moved by Mims, seconded by Champion. Discussion? Those in favor say aye. Opposed say nay. Motion carries 7 -0. Um, there are two vacancies on the Airport Zoning Board of Adjustment. Two vacancies in the Airport Zoning Commission, and one vacancy (shuffling noises) in the Historic Preservation Commission for a Jefferson Street representative. We encourage the public to apply for those spots. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 56 ITEM 21. CITY COUNCIL INFORMATION Hayek: Let's start down with you, Jim. Throgmoton: Okay, well I'd like to mention three things. Bear with me, folks. It won't take that long. This morning Tom and I had a really fruitful meeting with Swallow Yan, who's, I don't know, the Director of the, um, Chinese Association of Iowa. Now, along with several other people that Swallow brought with him. Uh, and uh ... chime in if you'd like to, Tom, but IA thought it was a tremendously fruitful meeting, where we learned a lot about some ... what Chinese residents might, uh, like to see in terms of our connection with them, and then we suggested some possibilities about how we, uh, could return that. So in other words, how to strengthen the connections between, uh, new residents who happen to be of Chinese descent. Uh, and the people of Iowa City. Uh, tomorrow I'm going to meet with, I'm sorry, I don't know how to pronounce this name, her name even, in Chinese, but uh, Feihong He who's the, uh, a member of the, uh, Chinese Students Association at the University of Iowa and talked with that person a little bit more about the same general topic. I mentioned to Alec about that, uh, so that there might be a point where we see some students, Chinese students, come and, uh, be introduced to the Council and also take a tour of City Hall and that kind of thing. So, that... Markus: 2,000 students. Throgmorton: 2,000 Chinese students. (several commenting) The second thing, uh, completely and disconnected from the Chinese students is that on Saturday, May 0, uh, I'lll be conducting the second annual... Second Annual Jane Jacobs Walk here in Iowa City. It's going to be co- sponsored by the City of Iowa City — thank you, Tom, but also by the School of Urban and Regional Planning at the University and by the, uh, the uh, City of Literature. Uh, and we're going t walk through and we're going to start at the downtown fountain on the ped mall, go north through uh, up basically up to Market and ... and Linn Street, go east, south, and come back to the ... to the fountain. We're going to start at 3:00 in the afternoon. So come on down if you'd like! Um ... the third thing is, uh, on Thursday, May 2 °d, I'll be speaking to the University of Iowa Environmental Coalition about sustainability in Iowa City. So I can tell you more about that if you'd like to know. Hayek: Thanks, Jim! (mumbled) Champion: I don't have any earth- shattering (mumbled) Mims: Nothing. Dickens: Since we ran out of time at the work session, just wanted to let you know a little on the continuing saga of Gilbert Court area. We had a meeting Monday night, a This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 57 couple hour meeting, uh, most of the people in the area were there, uh, Tom was there, and Stan from ... Housing Inspection, or Inspection Services, was there. Uh, Jorey Bailey was there, and Marcia was there, so there was other great representation from the City. Uh, I think we got a lot of things going. I know they started doing inspections on the buildings in that area that are ... are dilapidated or not being kept up, uh, looking for more ideas ... the neighbors are all talking, which is ... biggest key is their all talking. We're still having trouble with one of the people with (can't hear) that doesn't seem to want to come to the table, but I know you're still working on... Markus: I think we have a ... way of communicating (mumbled) the desirability of them meeting us. (both talking) Dickens: ...but it seems to be moving forward and ... and ... and I think we're getting things done. It ... it's a problem that's been there for a while and been neglected, partly because we didn't know about it, but uh, it's (mumbled) Uh, Iowa Women's Leadership Conference, going on in Coralville at the Marriott. Effects all of Iowa City. Over 900, uh, women are there. I was outnumbered at one time 900 to 1 (laughter) working with them. We had a pop -up booth out there. (laughter) But just listening in on some of the subjects it was a great... Susan was there, saw her at the (mumbled) It goes through tomorrow. I know it's a sold -out event, uh, but uh, Gloria Steinem will be the keynote speaker tomorrow and just great things for the whole area. Payne: The only thing I want to say is I hope that we have spring for Jim's walk (laughter) Throgmorton: Don't bet on it! (laughter) Hayek: Um, two quick items. Last week, uh, Geoff Fruin and I went out to Washington for the Chamber lobbying trip with ... with the local officials. Um ... and Geoff did a fantastic job, first of all, uh, and ... and uh, secondly we ... the ... the federal funding is obviously not what it was in years past. Sequester and other pressures, but we... so we hit kind of highlights in three general areas. One was on passenger rail and ... urn ... trying to keep our defenses shored up on the federal funding side, stuff that (mumbled) issue and that's going to make or break us, but ... um ... yeah, working with Federal Railroad Administration and uh, keep the dollars that have been sought, reallocated, but could be ... taken back at any time. (mumbled) Secondly the Riverfront Crossings which has, uh, which has seen thus far a number of partnerships between the City and certain federal agencies, whether it's HUD or the EPA or other places, riverfront stuff we're doing, and a third area was general support for CDBG and the impact it has on the community. But... it was a good trip. Travel, uh, the return trip was not so hot, uh, had to fly into Des Moines. Got home about 1:00 in the morning. Uh, but it was a good trip (several talking) yeah, but Geoff did a great job and I wanted everybody to be aware of that, and ... secondly, we have a couple of birthdays here, uh, Tom's This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013. Page 58 birthday is today, and I believe Eleanor's is tomorrow? Is that (several talking and laughing) And you're both 39- years -old! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of April 23, 2013.