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HomeMy WebLinkAbout2013-07-23 TranscriptionPage 1 ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Hayek: ...and by removing Item 2d(17) for separate consideration. Champion: Move adoption as amended. Dickens: Second. Hayek: Moved by Champion, seconded by Dickens. Discussion? Roll call, please. Passes, uh, 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 2 ITEM 2d(17) AGREEMENT WITH PUBLIC ACCESS TELEVISION - AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. Hayek: Why don't we get that on the floor. Mims: So moved. Champion: Move adoption. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Throgmorton: Yeah, I was wondering if, uh, Bob Hardy might be able to give us a brief summary of the, uh, negotiated contract. I understand that's for two years and... could you give us some details so people who use PATV will understand. Hardy: Sure. Uh, again, we have a, uh, opportunity for anybody in the community to go to Public Access and to use their equipment, and to be trained in how to use their equipment, and to get their programming on the air. Uh, this has been provided by the City since the early 70s, uh, and continues on. Uh, there were some tightening of this because there are some changes in the future that we'll be facing that'll be the State franchise for, uh, cable, has made it a little bit more difficult for us to anticipate, uh, how Mediacom will be providing funding, if... or if they will be providing funding for public access, but right now we're in good shape, and so we'll have money for that. Um, are there any questions? (mumbled) Throgmorton: And there are no serious complications from PATV's point of view, it's a negotiated agreement, right? Hardy: No, we uh ... it was actually fairly smooth, uh, we did tighten up some on the, uh, people who could use PATV. Uh, it had sort of gotten where a lot of people were coming from other communities, uh, and we've limited it ... that to people who actually could see our signal. Um, and that would be people like Coralville and ...and uh, they will come in. The big part about that would be, is that Iowa Citians do not pay anything for use of PATV. Uh, anybody that comes from outside the community has to pay, uh, they will be charged. I believe it's.... starts at $75.00 a year. Um, if they can't afford it, they can work it off. Markus: Bob, is there a date certain when, uh, Public Access TV funding is going to curtail? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 3 Hardy: Um, at the end of the franchise, which will be in five years, in August of, uh, 2018, uh, our municipal franchise is, uh, comes to an end, the one that we have now. We anticipate that, uh, this will now move into a State franchise. Um, you might remember a few years ago the State adopted new laws that allow cable companies to no longer have to negotiate with the cities that they're in, but instead to work ... they could do a State franchise, which, uh, provides for no access for no money for access, uh, for no negotiation by the city. Uh, we will still continue to receive our franchise fees, uh, but right now we have, um, almost $300,000 that are dedicated to other kinds of access beyond the franchise fees that will be lost. At that point, um, Public Access, who benefits from most of that money, uh, will no longer be funded by the franchise, uh, agreement at all, or by the cable company. We did take some effort ... make some efforts this time for them to start developing a way in which they can generate more income for themselves. Um, and ... but uh, we have to wait and see what they do. It is going to be their choice. Hayek: Can ... can (both talking) Markus: You gave `em significant notice that this is coming. Hardy: Yes! Markus: (both talking) ... start developing alternative streams of revenue to support their operation. Hardy: (mumbled) ...uh, and we did ... we did negotiate, or we did try to negotiate, perhaps a uh ... uh, a fund that could be put to the side to help to extend, um, the number of years, uh, that they'll be able to operate. Uh, right at the moment they ... they were not, uh, interested in doing that. Yeah, uh ... we'll see how it goes. Hayek: Ca... can the cable provider move toward that statewide approach sooner than 2018? Uh, we... Hardy: Yes! Uh, it is, uh, right at the moment we are in a position that the cable, uh, provider can terminate our municipal franchise because of a, um, another company that came out of Cedar Rapids who applied for, uh, franchise in Iowa City. You will notice we don't have anybody in the city providing an alternative cable signal, uh, but because they did apply for the franchise and were granted in the blanket state franchise system the franchise, uh, Mediacom could, uh, decide no longer to follow the municipal franchise, and avert it to a state franchise. Markus: And ... and that has happened in different cities (both talking) Hardy: ... in many communities. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 4 Markus: Give an example. Could you give an example? Hardy: Uh... Markus: Dubuque (both talking) Hardy: Dubuque, uh, just ... they were the most recent. Uh, you also have Des Moines, and they're re- franchising, when they came up for re- franchising they went straight to state franchise. Um, Davenport I believe is also being averted. Smaller communities as well. Mims: How soon could they do that then? Hardy: Uh, tomorrow. Champion: Oh! Hardy: (both talking) ...because of...because of the nature of the way that, uh, this other company came in and did get a franchise. Hayek: And this agreement... Mims: Okay. Hayek: ...is structured to allow us ... to provide an out in the event that occurs sooner than two years. Hardy: I'm sorry? Hayek: This ... this agreement is structured to address that ... if that were to occur sooner (both talking) Hardy: ...yeah, I mean, unfortunately there's not much that we can do about, um, you know, right at the moment our ... we have a very good agreement with Mediacom. Um, they do provide really solid support for Public Access. Uh, but if they change, there is no provision in the State law at all for support of Public Access. Um, all we will receive is the straight franchise money. We do maintain our channels though. We don't lose the channels. So, uh, one of the things that we did in this contract was to, um, agree with them that they would have an opportunity to find a way to fund themselves, and we would continue to provide the channel for them, uh, that's built into the contract. Dulek: But yes, the City can terminate the agreement, should the conversion occur. Hayek: Okay. All right. Thanks, Bob! Any further discussion? Any discussion by Council? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 5 ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA) Hayek: This is the opportunity at each City Council meeting for members of the public to address the Council on items that are not on the agenda. If there's something that's not on tonight's agenda that you would like to bring to our attention, we invite you to step forward. We ask that you please sign in and also verbally give us your name, uh, and to limit your comments to five minutes. Gravitt: My name is Mary Gravitt. And I'm here about some quality of life issues. For one thing, school will be opening up soon... in the middle of August. And the traffic will be getting horrendous, and I'm requesting a camera for those people who go down Clinton Street because between Clinton and Madison, you can come up, but you're not supposed to go down. Only buses go down that one block area and make a left or make a right. But drivers come down there, and they drive like they're on I -80. They don't even have the grace to stop for the crosswalk on the other side where the buses come up. The cars will stop for... for the pedestrians to walk across the crosswalk. And what is so serious about that? You know we have a lot of international students. If one of them gets killed or hurt, it's going to be international incident. Now you can remember what happened here, I think it was 91, when the aggressor was the other way around, when the physics department at the University got wiped out. And how much money the University had to spend to cover that up. In fact, we got (can't hear) anthology, and we got CNN and everybody who was a broadcaster came here. So I don't think that it's right that a driver should be able to go down that street and get away with it! And they're so arrogant, and they speed on! So that's my number one complaint! And my second thing is, excuse me (clears throat) that tax that's on the electric bill. There's only two people that noticed it — me and a friend of mine, and I think that tax ... and I read in the paper. I don't know if I read it right, that that tax is going to be taken away. I think that that tax should be given to SEATS, to make up the SEATS' shortfall. The people don't seem to be complaining because they don't even noticed it. I noticed it. I think it's like one- cent, two -cents on the electric bill. So it really doesn't matter, but that money matters to SEATS people who are totally disabled. Cannot stand to take the bus, and I'm sorry to say, the bus does not stick to its schedule. So you can be out there forever and if you got joint pains, you have a problem. And my third thing is the 4th of Jul celebration. I don't think it's fair that all the headliners are on at 8:00 on Saturday and Sunday, depending on how the holiday runs. We got two days of free bus service, but that money should have been paid to the drivers for overtime so that the people who don't have automobiles could have come down and enjoyed the headliners. Instead of Friday, you got a lot of local people. Local people need a break too, but... the... the, all the people want to enjoy the headliners that come here and the City sends all of our money, even that one -cents on the electric bill, goes toward keeping the city functioning and keeping it open to its citizen, and finally, I don't think it's fair for one business to take up two - thirds of the sidewalk and privatize a part of it for their... only their customers. (mumbled) but everyone should understand that if that was any other business This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 6 taking up two - thirds of the sidewalk, she would be down here complaining! So it just doesn't seem fair, you know, you're narrowing it in so people going to be walking sideways soon to get down the sidewalk. Thank you. Hayek: Thank you for your comments. Ross: Hi, I'm Brandon Ross. I have a few, uh ... concerns. Um ... basically, uh, there's a lot of buildings going up in town. There's a lot of high- rises, and uh, there's a lot of considerations going with that. Um ... there are ... almost no affordable housing, uh, going into these, uh, projects. And that is a big concern at this time of, uh, of economics. Um ... there are some workforce, uh, rentals, uh, projected to go into the Moen, uh, Tower, but I think another project would have offered more workforce rentals, uh, affordable housing, and uh, little to say that for instance, the New Pioneer Co -Op, which hires 90 people, upwards to 120 people, that would have been probably a good decision. Uh, there's a lot of displacement, um ... well, there's a lot ... there's a lot of, uh, there's tax increment financing that goes with these buildings, uh, yet we're ... we're worried in the community about closing our schools. Um ... there's displacement that's going on around the city. We lost, uh, we lost over a dozen businesses and renters, uh, on Washington Street, across from the New Pioneer Co -Op, uh, in place for that one development building, which, uh, is not affordable housing, nor is it affordable for business ... small business owners to be in there. I won't mention anything about architecture. Champion: (laughs) Ross: Uh, the landlords today I think have incredible power. When I saw the agreement of a friend who was renting, I don't ... I don't rent so I don't have to go through this at this point. I'm privileged. Uh, I was astounded at how big the packet was from the management company. I think that the renters are losing power, uh, at this time and the working class is ... is losing power, and the power is going up, uh, to ... to the top. It's a Chamber of Commerce, developer type of situation that I am concerned about. Urn ... amidst all this, further displacement goes on when... when, uh, when the jail is being, uh, promoted over and over again and being called the Justice Center. Uh, I don't' agree with the, uh, the term `justice center.' Our justice center is the courts. Uh, the jail, when you take away all human rights, that's not justice. Um ... considering the disproportion of people who are arrested and put in jail, they are generally working class. There is an overpopulation of ethnicity, uh, in this town that represents working class, that are being put in these jails. That's displacement of working class people, and I think that the pedestrian mall also shows, as the comment was made right before me, that businesses are given space in the pedestrian mall. The high -rise for the Moen Tower has been given space from the pedestrian mall. That's public space. And the panhandling ordinance further made space smaller for certain people in the pedestrian mall. It made space smaller for working class people and those who are musicians and, uh, and poor. And what this all boils down to, uh, is that I feel This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 7 that there is more of a move for... for finances going more to the people who have and less to the people who have not. And I think that in our government, I've strongly believe like, uh, Franklin Delano Roosevelt said that you know it's the job of government not to add to those who have much, uh, but to help those who have little, and I think that there is a trend right now that I think is not healthy in this particular economy. The working class make up the, uh, majority of this town. Uh, but they are not being considered as much. I'm keeping track, I hope, of the time. Last elections were the two lowest turnout elections in Iowa City history. I believe, uh, there was only between 10 and 15% that came out for the general election, only 6% came out for, uh, the primaries. That's one in 17 people. Sixteen out of 17 people did not come to the elections, and I feel that part of the problem is that the majority of the people in the town feel that the Council, their concerns, every Council Member is an upper - middle class person that's far from their own. Uh, and they don't come out. They don't show up. They feel disenfranchised. Uh, and they... you know, they don't feel like they're included. That's a ... that's gotta stop! And I think that if more of working class types of things are included, if for instance when you give it high -rise that, you know, that you do, for instance, include affordable housing. If you put in a high -rise, why not another Ecumenical Tower? Where are people in a bad economy going to retire? I think that the lower classes are not being considered at this point, and so I'll close with that. You know, the Council ... I know each individual on the Council has a ... has a conscience and acts, uh, with a conscience and works hard at the job. I think that a combination of 100% people who are upper- middle class is a difficult situation because the majority is working class. I always ... I ask the Council to consider job ris ... raise in pay for City Council Members because working class people can't afford to run 90- something -odd percent of the time. Uh, campaign finance laws are soft nationally, and uh, I think locally they're also very soft. It gives a small group of people a lot of power so that even when somebody who is a working class person runs, they're usually obliterated, my last point, by the amount of money that comes in against them, and a good example is last election, uh, there was a working class member who ran and he was outspent 50 to 1 by every single candidate he ran against, and naturally he lost ... by 3 to 1. So my ... my point is basically, uh... Hayek: You need to wrap up, Brandon, you're over five (both talking) Ross: ...thank the Council for all your work, but I think that these are areas that should be considered and that the working class and poor should be given a little bit more presence. Thank you. Hayek: Thank you, Brandon! Anyone else during community comment? Wittenberg: Yeah, my name's Howard Wittenberg. Uh, I've got a ... a concern about, uh... all the money we give to the developers uptown, and now we're handing out thousands and thousands of dollars to businesses uptown to improve their private properties, is the way I understand it. Uh, why are the residents in the residential This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Champion: Hayek: Page 8 areas still forced to pay to repair City sidewalks that are sitting on City property? If we've got money to hand out to private businesses uptown, can't we take care of our own sidewalks instead of forcing it onto people in the residential areas? And I was just wondering if anybody's got a question why we're not picking up the tab for that instead of making the people do it. Matt, I think we should address this issue. (both talking) ...we can ... yeah, these meetings are not set up for us to get into a back and forth... Wittenberg: Okay! Hayek: ... but ... but we're here to receive your comments and ... and ... and we are, and if there's Council interest in looking at that, the Council can certainly do so. Champion: Well I think we ... I think he needs to understand where that money is coming from, and so it needs to be addressed (both talking) Wittenberg: It's still tax money. Hayek: Yeah. Wittenberg: Regardless of which ... where it's coming from. It's still tax money. Hayek: Yeah. Wittenberg: Whether it's from the federal government or whoever, it's still our money, and I was just wondering why some of it can't come back around take care of the people in the residential areas instead of all... seems to be going uptown. Hayek: It's a ... it's a complex set of issues you ... you raise, and I ... we're really not set up to talk about it here at this meeting, but I ... I appreciate your comments... Wittenberg: Yeah. Hayek: ....and uh... Wittenberg: But it doesn't seem very complex to me. I mean, you ... hand them money, hand some of it back or let us ... when somebody has to repair a sidewalk, let `em take it off (both talking) Hayek: What I would suggest you do is ... is contact the City Clerk or the City Manager's office and provide us with your information, and we'll make sure that a response gets sent to you with an explanation that I think would be helpful. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 9 Wittenberg: Send it ... my comments to who? Hayek: Well... give us your contact information, or give our... give the City Clerk (both talking) Karr: Did you write your address down, sir? If you write your name and address we can ... thank you! Hayek: Yeah, we'll get something... Dobyns: And, sir, I just (clears throat) the City Manager let me know his office will be happy to provide a response to you. Um ... won't you, City Manager? Markus: Yes I will! Dobyns: Yeah. Hayek: You raise a fair question and I ... and ... and we want to make sure you get an answer. Thank you. Would anyone else like to address the Council during community comment? Okay, we'll move on to Planning and Zoning matters. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 10 ITEM 4c CHEZIK- BELL AUTO DEALERSHIP REZONING - CONDITIONALLY REZONING 2.3 ACRES OF LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET IN THE INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ13- 00014) [Discussion only at formal meeting] 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh, any ex parte communications to disclose before we get into this? (several responding) Okay! Mr. Davidson! Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning for the City. Uh, the item before you is a request from Chezik Bell Properties as the applicant. Uh, the requested action is to amend an existing Conditional Zoning Agreement. Uh, to reduce the setback for the property that you see, uh, here outlined in blue. Uh, reduce the front setback from 30 -feet, which is specified in the Conditional Zoning Agreement, to 11 -feet. Uh, and in conjunction with that 11 -feet, uh, have more extensive landscaping within that front setback, uh, at a location here is ... Highway 1, uh, west just to orient you ... uh, Highway 1 here. You can see Sunset Street, uh, the old Menards, which since the flood, has been used for the studio arts complex for, uh, the University of Iowa. The property here, which you can see is a rather odd size, or uh, rather odd geometry, a triangle, is about 2.3 acres in, uh, size and what's proposed that you see here on this layout is a .... a car dealership and you can see because of the configuration, the property, they've had to be a little bit, uh, creative here with the proposed design of the ... the building and then the, uh, the car display area layout here. Um, you can see, uh, what's proposed here is because of the small site they would like to take advantage of getting the full bays in here for a car display storage. Now, in this area, um ... for the last 20 years as Highway, uh, 1 west has really changed in character significantly last 20 or 30 years, um, as properties have come in and been redeveloped, uh, rezoned and ... and developed, uh, we have really tried to take care to preserve as ... as much of aesthetic beauty of the corridor as we can, and we've done that through several conditional zoning agreements up and down this corridor, including the one for this property here. Uh, by the way, this ... this area here, it's part of the ... it's still owned by the Ruppert family who originally owned a farm... in this area. Uh, they've retained this. It's part of the runway protection zone for the, uh, Airport runway that is off the end here. Um, and it is still in their ownership. Um ... as ... as I mentioned though, we ... we have tried to preserve as much of the beauty of...of the character here. A suburban arterial corridor — that's difficult to do. I think we've done some very good things, uh, in terms of some of the setbacks and the landscaping, and ... and we feel this would be, and ... and all those things are called out in the Comprehensive Plan, uh, and we feel that, uh, the ... the proposed action here remains consistent with that goal of the Comprehensive Plan. Significantly This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 11 there's a very large right -of -way here, and the area... basically there's 30 feet, excuse me, 60 feet, uh, property that would remain in, uh, planted materials, um ... in ... oops ... in conjunction then with what would be as proposed a reduced, uh, front setback with more extensive plantings (mumbled) in fact it would ... it would ...it would probably be with the, uh, existing 30 -foot setback, basically a 90 -foot, uh, green grass area. We do feel that this, uh, it was the opinion of staff and the Planning and Zoning Commission that this would enhance, um ... uh, the property significantly. Um, the ... this, the highway is elevated and you look kind of down into the property. Um, similar to Carousel Motors, if you've been out there — where you're high. They have done what is proposed here with the more extensive landscaping. They use an old public right -of -way for, uh, a car display area now. So, uh, we do figure ... uh, we do feel, uh, that with the, uh ... odd configuration of the property is a triangle. Uh, the desire to locate a car dealership, uh, here, uh, and ... and the desire and the Comprehensive Plan to preserve as much of the beauty of the corridor as possible, uh, that this proposal to reduce the front setback from 30 feet to 11 feet, uh, remains consistent with the, uh, Comprehensive Plan, and as I mentioned, it's both the recommendation of staff and Planning and Zoning, uh, to amend the Conditional Zoning Agreement. And all the other CZA conditions remain in effect, and those were called out in your staff report, uh, and I'll be happy to address those. Oh, there was also a letter, uh, in your packet from the property owner. Here, Mary Hitchcock representing the Ruppert family. Uh, with a question about this, uh, easement here, uh, we will try and, um ... at the site planning process, work out having this easement kind of swing over, through the property, and then connect up with the stubbed, uh, road over here that's part of the old Menard's property so that there would be, uh, an ability to ... to get through here if desired, uh, in the future. That was one of her concerns. The other concern she had about storm water drainage will be addressed at the site plan. Mims: So if I heard you right, Jeff, from ... is it from the edge of the road, there's like 60 feet to their property line? Davidson: That's correct. Mims: Okay, and that is from the edge ... like from the edge of the pavement or... Davidson: Basically be, Susan, from this property line right here, up to the beginning of the pavement. There's 60 feet. Mims: Okay. Okay. Thank you. Throgmorton: Jeff, could you go back to the aerial photograph, please? I'm just a poor old country lawyer, so to speak, like Sam Irving used to say, but when I look at that I think, "My gosh, that, uh, that building's gotta be pretty small if it's going to fit on that site." So ... how big's the building? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 12 Davidson: I believe the applicant is here, uh, and ... and during, uh, your hearing, uh, would be better equipped than I to, uh, answer that question. Um ... there's ... does not list a square footage here, Jim, so ... perhaps that's a question the applicant can answer. I should say the applicant's representative is here. Throgmorton: I, you know, I just assumed the staff and the Commission have both looked at this carefully and everything, but it just looks like a mighty small building and... Davidson: Yeah, and this is of course, uh, this is of course a planting plan. That's the purpose of this, um, it's not written in stone that this is exactly what the configuration of the building would look like (both talking) Throgmorton: Sure, but just looking at (both talking) Davidson: ... concept... Throgmorton: ... just looking at the aerial photograph makes it look like it's gotta be a pretty small building compared to the ... the other building nearby. Davidson: I would certainly say some creativity has been used to lay out a small car dealership on this parcel of property. Champion: You know, you mentioned like having a drive- through to get to a stubbed road or something, is that right? I mean, I don't I think we can drive through any businesses along there. Davidson: Yeah, what we want to do, Connie, is, you know, this won't be constructed. I didn't mean to imply that, but what it would do... it... it was the person who owns this property's concern that we would be cutting off the ability to have access from this property to this signalized intersection down here, and what I was trying to explain (both talking) Champion: Oh, okay! Davidson: ...didn't do a very good job, is that we're allowing the ability for that to occur, with an easement through this property addressing that property owner's concern. I think there is some interest in the City possibly pursue, uh, pursuing, uh, purchase of this. Uh, I know we have spoken with the Ruppert family but have not arrived at any, uh, any deal for that. Uh, it is part of the RPZ, isn't it, Sue, as I recall? Dulek: We have actually a tentative agreement pending FAA grant approval. Davidson: Okay. In which case, that would go away because we would be the property owner. Any other questions before you continue your hearing? Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 13 Hayek: Thanks, Jeff! Larsen: I'm Dave Larsen and I'm a representative, and do you have any questions? Throgmorton: I think you know what my question is. Larsen: Sure. Around 13,000 square feet. It'd be similar to the KIA building that just went up. Throgmorton: Okay, so in your judge it's amply sized (both talking) Larsen: Yeah, they ... they want to make sure they have it just right, so ... definitely. Throgmorton: Okay. Hayek: Any other questions? Champion: Nope! Hayek: Okay. (several talking) Thank you! This is a public hearing, so if anyone else wishes to weigh in, now is the time to do so! Okay. I will close the public hearing. No, wait, before I do so ... uh, I need to check the temperature of the Council. The P &Z supported this 6 -0. Is there any inclination we will go against that? Okay. I'm going to close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Dobyns: Move the resolution. Mims: Second. Hayek: Moved by ... Dobyns, seconded by Mims. Discussion? Dickens: I just think it's a good way of in- filling. Kind of a hard lot to use otherwise, and uh, there's already a car dealership at the other end of that, uh... section. Toyota's at the other end. There's, uh, several other car -type businesses at the entrance there (both talking) Champion: (mumbled) Dickens: And I don't see it being a detriment to the area. I think it's ... it probably will enhance (both talking) Champion: ... it will enhance it! Hayek: Any further discussion? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 14 ITEM 4d AMENDMENT TO ALLOW SCHOOLS IN THE CC -2 ZONE - AMENDING TITLE 14: ZONING CODE TO ALLOW SCHOOLS OF GENERALIZED INSTRUCTION BY SPECIAL EXCEPTION IN THE COMMUNITY COMMERCIAL (CC -2) ZONE. 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh, any ex parte communications? Mims: No. Hayek: Okay. Jeff! Davidson: Uh, Mr. Mayor, this ... and Members of Council, this, uh, item is a proposed amendment to the zoning code that's been requested by Faith Academy. They are affiliated with Parkview Evangelical Church. Uh, they have a desire to locate, uh, a ... uh, general education facility in the CC -2 zone in ... in the Pepperwood area. It'd be on the back side of the buildings we generally associate with, uh, Pepperwood, and this is not currently allowed in the zoning code. The zoning code does allow commercial office in the downtown zones to have these, uh... uh, general education facilities, but they are not permitted in the other commercial zones, and notably for Faith Academy, they are not, uh, permitted in the, uh, CC -2 zone where they are proposing to locate their facility. (both talking) Throgmorton: Could you change the map, please? Davidson: Uh ... we, there's nothing to show. I wasn't going to go to the next item. That's why I ... changed it and then changed it back. (laughter) Urn ... the, uh, CC -2 zone, the concern is of course that's our principle retail /commercial zone. And I think that's the factor that has led to them not up to this point, uh, being included in these zones. Uh, after consideration, we do feel that there are locations that are made ... maybe marginal retail locations, such as the one proposed by the Faith Academy, urn ... that through the special exception process could be vetted, uh, and uh... appropriately determined one way or another whether or not they should be allowed in the CC -2 zone. So what we are proposing is that by, uh, special exception, uh, you give the Board of Adjustment, basically, the authority to consider these on a case -by -case basis, uh, and pending your approval of this, Faith Academy will be taking theirs to the Board of Adjustment. Uh, we have offered in your staff report, um, some additional approval criteria for the Board of Adjustment to consider, in addition to the criteria that they always consider. Uh, for a school like this, of course, would be a mix of pedestrian circulation and traffic circulation, and that sort of... sort of thing, but adding the things that concern us about basically not supplanting prime retail locations, uh, with, uh, general education facilities, and that would be criteria that the Board of Adjustment would, uh, would consider. So the recommendation from, uh, staff This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 15 and Planning and Zoning is to support this pro ... proposed change to the zoning code. Any questions? Thank you. Hayek: Thanks, Jeffl Throgmorton: I ... well, I ... Jeff, I'm sorry! I do want to ask ... I ... maybe I wasn't listening quite carefully enough. Where did you say this facility would be located relative to the existing buildings? Davidson: The, uh, backside of Pepperwood Plaza actually has a retail location (both talking) Throgmorton: ... new building would go in? Davidson: No. It's an existing building that's basically the backside of one of the (both talking) that face Highway 6. It faces the other direction, uh, for that reason, you know, CC -2, the judgment of a good CC -2 location is basically visibility and traffic count. That location has neither. Throgmorton: Got it! Okay. Thanks! Davidson: Any other questions? Thank you! Hayek: Jeffl This is a ... public hearing. If there's anyone else who wishes to address us, we invite you to step forward. Wisdom: Good evening, Mayor and the Council. My name is Wisdom. Uh, just to give you guys a brief background. I'm from Chicago, Illinois. My high school class initially was about 1,000 students of us. My senior year there was about 650 of us left. We all graduated and about 33% of that 650 actually went to a post -high school education. So about 215 of us, and about 50% of that 33% actually went to a four -year institution. So about 107 students, and I came here, I've been volunteering at The Spot, uh, which is where our proposed location is, at 1030 Cross Park. It's Broadway and Cross Park. About five years, and it's been a wonderful ministry and the only issue we've had there's just been certain educational barriers that we've had with working with students in the city, and a couple parents, teachers, professionals, college students like myself, since last December we all came together and we were finding... trying to find different ways to how we can help Iowa City and help the educational barriers. So we've proposed Faith Academy. If I could pass this around, please. We propose Faith Academy. Uh, we do have a lot of love and respect for the Iowa City school system. A couple of our ... a lot of our students go there. We just want to provide another alternative educational model. Um ... that's how we came up with Faith Academy. Our mission is to provide a Christ- centered, rigorous education, that's affordable for all. Um, we're targeting low - income students but ... we want to get everybody involved. It's a private school education, and when people think of private school, they think of ..it's a lot of money. Ideally our cost per student This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 16 will be about $7,200. It's going to be a lot of people to pay, but the way our system is set up, we have a whole bunch of strategies that's gonna help our (mumbled) mission come true. Um, one of those missions is our partners. Uh, we're going to partner with local businesses, local ... uh, churches, foundations, partners and they're going to be providing about 90% of our students' tuition. So each parent would ideally be paying about $50.00 a month for their student to receive a high -level of private school education. Um, another one of our strategies are accountability. We're going to hold each teacher, each student accountable. These teachers are going to be held to the highest, um ... moral standards, as well as our students. Parents are going to be involved in their student's education. That's one thing that we've seen sort of a lapse on. Our parents are going to be required to go to Saturday school, which is they will come to the school. They will have an active participation in their child's education. They will have home visits where teachers will go home and they will have school at home. Teachers can see how their home life is, and the parents are going to sign a contract that's going to say, yes, I'm going to be an active part in my child's education. Because that's the only way we're going to see academic excellence if the parents are involved, as well as the teachers are involved! Another one of our, um... strategies is the high expectations that we're going to hold to everybody. So our parents, our teachers, our staff members, our students are all going to be held to higher standards of education. So even though we are a Christ- centered education, it's going to be a Christian education. They're still going to learn their classical, uh, math, their English, their social studies, their art, their music, but they will also learn the Christian aspect to that and how Christ is center, even with all these different educational systems. Um ... believe there will also ... another one of our big things is our ... I believe I hit every single mark (mumbled) I hit every one of our strategies. So ... ideally we figure this'll be a great way to help the Iowa City school district (mumbled) in our educational alternatives. So we would just love to be an aide that way. In our outreach ministry (mumbled) our school ministry, we're just being able to reach a particular set of students that we see (mumbled) we interact with every day, and be able to help them. So if you have any questions, myself is here. I have colleagues that are here ... if you have any questions regarding our school. Hayek: Any questions? Appreciate your comments. (several responding) Champion: ...very thorough. Hayek: Gives a sense of what you're trying to accomplish here. Wisdom: Thank you. Hayek: Okay. I think that's it. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 17 Champion: The only question I have and I know you probably don't answer... have... have the answer, but $50.00 a month can be a lot of money to some low - income people. How will you handle that? Wisdom: Um ... what we're going to do is, uh, we're ... even at this moment we have already started building the school. We've already started talking to parents. Parents are very interested. We are going to go over parent's financials. So that $50.00 is not a flat standard rate. That's just an example, considering that family's, uh, financial situation. So some families may be paying less than $50.00 a month. Some parents may be paying more than $50.00 a month. The fact of the matter is is that this is a 72,000...a $7,200 education that your child is going to receive and at a low rate, and it's also going to ... uniforms, books — everything is going to be of a higher education but they're still going to be spending little to no cost. Champion: Thank you! Hayek: Appreciate your comments! Is there anyone else to address the Council before I close the public hearing? Okay, and before I do I need to, again, take the temperature. P &Z supported this 6 -0. Is there any indication that Council will go against recommendation? Okay. I'll close the public hearing. (several talking) (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move fir... Champion: (both talking) Second! Mims: I guess Jim moved it before we (both talking) Hayek: How bout we call it a move by Throgmorton (both talking) Throgmorton: ... while your hammer was going (both talking) Hayek: I know it! Moved by Throgmorton, seconded by Mims. Discussion? Throgmorton: Yeah, I, uh, have a couple observations. Uh, one is, uh, I'm very moved by the statement that was just made, but we have to remember that we're not voting on the church's proposal to ... to build a particular... or install a particular... Champion: We know that! Throgmorton: ... uh ... um, school. Uh ... instead we're, uh, we're posing a general... we're intending a more general, uh, kind of, uh, approval, and that is to allow schools of generalized instruction in CC -2 zones by special exception, going through the Board of Adjustment. So ... uh, with that in mind, I'm completely in support of This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 18 this, but ... but I do wonder whether there are other CC ... where the other CC -2 zones are and whether there might be any other conceivable complications, but then when I asked myself that question, I think, well, okay, special exception, reviewed by the Board of (several responding) so I'm okay with it. Hayek: I think that's a very good point, and ... and what we're doing is making a change to our ... our, uh, zoning code, which would apply to any, uh, application, this one or ...or any other, um, and it creates a standard by which we gauge a given request and has the process, Jim, as you mentioned, uh, to vet that application and determine whether it qualifies for special exception. It goes through the same process we follow for many similar matters. So that's important for the public to understand that. (several respond) Okay, any further discussion? Roll call, please. Uh, first consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 19 ITEM 4e AMENDMENT TO MODIFY AREA SPACING BETWEEN DRINKING ESTABLISHMENTS - AMENDING TITLE 14: ZONING CODE TO MODIFY THE REGULATIONS REGARDING THE SPACING OF DRINKING ESTABLISHMENTS SO THAT THE 500 -FOOT SPACING RULE WOULD ONLY APPLY TO THE UNIVERSITY IMPACT AREA AND THE RIVERFRONT CROSSINGS DISTRICT. 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Davidson: Uh, in 2009 due to the concentration of drinking establishments in downtown Iowa City, um, the Council adopted a minimum spacing requirement of 500 -feet between drinking establishments, AKA bars. Um ... since that time, uh, it has come to our attention that perhaps, uh, that is too broad of a expanse, basically the entire city, uh, is included in that, uh, minimum spacing requirement. The ... the uh ... item before you here would keep everything intact other than it would, uh, limit the 500 -foot spacing rule to the downtown area and the University impact area, and uh, that is shown here. The University impact area is shown here ... and the Riverfront Crossings district, uh, is shown here. So basically downtown, Riverfront Crossings, and the University impact area would be where the 500 -foot spacing requirement would remain, should you decide to adopt this, uh, modification to the, uh, zoning ordinance. So, everything stays the same other than you would be limiting the area from the entire city where it is currently to this more ... more succinctly defined area. And you had your consultation with the Planning and Zoning Commission earlier. Is there ... are there any questions that, uh, I can answer from staff's perspective? Hayek: Any questions for Jeff? Dickens: Uh, just the impact area — is that Highway 1 at the bottom there? Davidson: Uh ... yes. This is, uh ... this is Highway 1 (both talking) Dickens: Okay. Davidson: ...then Highway 6. Dickens: That's all part of the University impact area? Davidson: Yeah, right. This is (both talking) Dickens: The other side is all commercial... Davidson: And also a small area here in, uh, Manville Heights. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 20 Dickens: All right. Davidson: Anything else? Uh, and I don't know if you want any of the slides that you saw earlier, uh, I can put those up if you want to look at any of them. Hayek: Thanks, Jeff! This is a public hearing. Is there anyone who wishes to address the City Council? Okay. I will close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Dobyns: Move the resolution. Payne: Second. Hayek: Moved by Dobyns, seconded by Payne. Discussion? Throgmorton: Uh, during our consultation with the Commission, I asked whether I was right in understanding that there was no 500 -foot rule prior to 2009, and asking whether we had a problem with excess drinking in areas outside the downtown area then. I understood the answer to be that, yes, there was no 500 -foot rule prior to 2009 and as best anybody knows, no we did not have any kind of exceptional drinking problem outside the downtown area. So I don't think the, uh, the change in the zoning code that we are proposing is likely to lead to any difficulties, outside ...because it...it has to do with these other areas out on the periphery. Uh, so despite the ... the vote of the Commission and despite, uh, their rationale, I ... I would, uh, I'm willing to support the proposed changes. Dickens: I agree with Jim. And one of the reasons I brought this up was that mainly an economic development reason ... after looking at what has happened with the 500 - foot rule in that designated area. Once the downtown and south was designated the University impact area. That's when I actually started looking into how is it affecting the rest of the city and it seems to be a little bit detrimental to the city growing. Uh, a lot of the investors that have talked to me have talked about going, or have already gone to Coralville. Uh, talking to young professionals that ...that will probably frequent this, rather than being downtown, cause they don't always want to be with the bar crowds, that uh ... they're looking for a place that they can go eat and drink that is in a commercial zone and it would be ... have, have to follow the zoning laws, that I think we're losing some very valuable areas and some possible great entertainment venues, uh, I've heard talk of a group hub, that type of thing going on in the east side. The east side of Iowa City and southeast side of Iowa City, there's limited restaurants and bar areas, and I'm not promoting tons of `em, but I think there needs to be some more choices, and I think this is a great way to ... to expand that area without taking away from what we're trying to accomplish as far as drinking, because the big problem was that this whole came up was because of the downtown area and the density that was This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 21 going on there, and... it's... both of `em have seemed to settle down, and I'm not promoting increasing that by any means, but I just think that there's areas that are underdeveloped and could use this. Payne: I tend to agree with both of you, and I think that we didn't have the problem in the outlying areas prior to the 500 -foot ordinance. I can't see how we would have a problem now with just having an excess of drinking establishments in ... in a concentrated area, outside of downtown, and if something, you know, if staff notices that this is happening, that lots of people are applying for these kind of permits, we can revisit this at any point in time and ... and either change it to 1,000 feet or you know make it 500 like it is in this ordinance. So, the ... the downtown ordinance. Champion: Well I do (both talking) Mims: I'm going to (both talking) Champion: Oh, go ahead. Mims: Okay. I'm probably going to surprise some of you. I'm going to take a contrary position on this tonight. Uh, and the reason I'm going to do that is because when we first started talking about it, and when Terry brought it up I was supportive and ... as I look at and think more about it and listen to P &Z tonight, I guess I wish what we had done as a Council was given staff direction to ... to loosen this up, but not leave it with no limitations at all. Okay? What we're doing with this is taking all of the area outside of, you know, the University impact and part of Riverfront Crossings and we have no limitations at all. And I ... and I somewhat disagree with what you're ... what you're saying, Michelle, in that if we see a lot of applications coming we can change it. I think at that point we might be too late, and so that's my concern is that by the time we ... by the time we recognize there's a problem, we end up like we were downtown with so many drinking establishments so close that the only way you get rid of it is one at a time as the licenses expire. What ... what I would prefer we had done, and again this is, you know, it's 20/20 hindsight is given staff direction to re -write this with some limitations on the density, you know, more flexibility than what there is downtown, not with a strict 500 -foot limit, but some sort of a density limit. And so the fact that there is no density limit at all, um, I'm not going to support it tonight. I ... I think we need more flexibility than what we have downtown with the 500- limit, but I don't like no limit at all, so I won't support it. Payne: I just want to clarify one thing. I don't mean that we have 50 in a ... in a five - block area... Mims: No, I know. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 22 Payne: ...recognize there was a problem. I'm talking like three that we might want to say, is this a problem? (laughs) Champion: Well I ... I don't know. I ... I think ... I do agree it might have been nice to have some limits on this but I ... I am going to support the change. The ... most of these places are going to be restaurants that have a bar. Um ... the east side ... and this came up because ... from that problem on the east side of town, although we have other areas of town that are much more populated, densely populated and that's why I don't think it's going to become a problem, where this originally came up because of the east side of town, cause there's not really dense population out there. So I don't ... I don't think it's going to be a problem there, but I think we should think about what you suggested, and we can approve this and then talk about a limit, um... some kind of limit. Dickens: And there's a limited number of areas that are commercially zoned too, which (both talking) Champion: ...true.. . Dickens: ...kind of controls that and... Champion: You know, I grew up where there were neighborhood bars. Dickens: Oh yeah! Champion: You know? But you don't see those anymore. Now they have to be in a commercial zone, uh, so now people have to drive to go to the bar. It's perfect if you could walk (laughter) but uh ... uh, I am going to support it, but I think you bring up a valid point, and I think that's something we should look at. Hayek/ Yeah, I, uh, I ... I don't disagree with your argument, but I ... um ... I'll support this. I mean, my recollection when we did this in 2009 was that we were addressing problems that we faced downtown, and that this was a part of a series of measures that we took to address those, uh, issues, um, and that we had not identified any discernible problem outside of the downtown area. Um, I think at the time I was kind of uncomfortable applying a blanket approach to the whole thing because we had not established that there ... that there was an issue, um, elsewhere, and um... I'm... and I think that ... that this approach is a good one. I ... I agree with Michelle that ... that if things shift, we ... we should revisit this. Um, but in the balance, um, I think we are im ... impeding, uh, restaurant, uh, growth in these areas, and ... and I don't know who made the point but you know they are bars in... in the sort of technical sense, and that's not to say a bar couldn't go into one of these places but the anecdotal, uh, information we're receiving is that, uh, restaurants that simply want to be open past midnight are the ones that are interested in this, and I think that would be good for, uh, for some of these areas on... on all sides of town, um, but I ... I would support moving forward with this, and either taking up, uh, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 23 stronger restrictions in the near term, or waiting to see what happens. So ... good arguments on both sides. Dobyns: Well, Susan, you really make me nervous when you talk about that, because... Mims: (laughs) Dobyns: ...uh, I mean, this is ... this is a tough one for me, but, um ... I do not want to incentivize, uh ... uh, bad drinking behavior in establishments that promote that. Uh, but then again I want to be able to have Council show some flexibility, um, that we can take a look and also not ... and provide some incentives for good behavior, as well. Um ... so, uh, I'm going to support the City staff recommendation and um, go against the P &Z, uh, recommendation and vote, um, and go ahead and support the City staff because I think it's important to provide, uh, incentives for people who are going to do this well, and I'm still going to lose sleep over what you mentioned. (laughter) Champion: Well I ... I think we've made a lot of, uh, different rules about alcohol (mumbled) talking about this, well, as long as I've been on the Council, but we made rules and we've been able to adjust `em to suit the needs, and as we saw that things have worked, we've been able to be more flexible. Mims: Yeah, I think this Council's been very flexible with stuff in the last few years and really trying to address the needs in a way that is good for the community and fair, and you know, as I say, I raise this issue because I think it's something that we might want to address further, um ... and uh, just get that on the table. Hayek: Any further discussion? Roll call, please. First consideration passes 6 -1, Mims in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 24 ITEM 4f ROCHESTER RIDGE PART 4 — RESOLUTION APPROVING FINAL PLAT Hayek: We need a motion. Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Jeff? Davidson: If you want to see it, this is the final 11 lots of Rochester Ridge, completes Rochester Ridge Subdivision. It's been very successful, according to the developer. It's the cul -de -sac lots ... here. Uh, Rochester Avenue is up here. Uh, the connection between Teton Circle and Westminster Drive has been completed and there's a private trail system for the neighborhood in here. So ... any questions? Payne: I know that when we talked about this original plat to start with, that subdivision to the south, the existing subdivision, had some drainage problems that they thought that would be addressed ... by this subdivision. Davidson: They were addressed in this, in the design of this outlot, Michelle. And... Payne: I just wondered in the last rains that we, the downpours and stuff that we had if they ... do you know if they've noticed any improvement? Davidson: (mumbled, away from mic) Payne: More of a curiosity thing than anything. Gannon: Uh, they've been workin' with the, uh, the developer and he has, uh, done some things on their... on their property and as far as I know they're quite happy with it. Payne: Thank you. Hayek: Thanks, Denny! Davidson: Any other questions about the ... before you consider the resolution? Thank you. Hayek: Thanks, Jeff! Anything from the public? Council discussion? Dickens: Just think it shows that we have a need for housing in this area, that it's really starting to grow. Those lots have really (mumbled) I know our Assistant City This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 25 Manager lives in this area and it's a ... it's a beautiful area and that's a great use of that land there. Mims: In -fill is good! Hayek: Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 26 ITEM 4g HICKORY POINTE, 2nd ADDITION — RESOLUTION APPROVING FINAL PLAT. Hayek: I'm going to recuse myself. Uh, my office has a connection to this and (mumbled) Pro Tern to take over. Mims: Okay! Jeffl Karr: ...put it on the floor. Mims: Oh, I'm sorry. Motion? Payne: Move the resolution. Dobyns: Second. Mims: Moved by Payne, seconded by Dobyns. Jeff? Davidson: Uh, this is one you've not seen for a while and I apologize, I don't have a, uh, a site diagram showing you where it is in the bigger picture. Here's First Avenue. Uh, Rochester Avenue is ... is up the hill, down at this end; Scott Boulevard is up the hill down at this end; uh, this little piece here, uh, Hickory Hill Park is ... is right here, the entrance to Hickory Hill Park, and you might recall this. Your action in approving the final plat, uh, the three lots here, and ... and I believe this was some kind of an access road that in one of the previous iterations was proposed. Not quite sure why that's still there (laughs) but your action will eliminate the three lots that you see here, uh, create one single lot here, as well as the access drive. There's a little bitty remnant parcel here that will be added to, uh ... uh, the ... the parkland down here. Uh, and through the Conditional Zoning Agreement, basically allow this building to be constructed on the... and... and you'll recall there were a lot of environmental features. It's on a slope. The adjacency of the park, that was all taken care of in the Conditional Zoning Agreement, and that ... none of that's before you tonight. Basically what's before you tonight is eliminating the three lots, creating a single lot that would require this building to be built. Any questions? Thank you. Throgmorton: Yes, I do! Uh, are we looking at the building from the, um, from the First Avenue side? Davidson: This ... is the First Avenue side. This is the rear side. Throgmorton: Okay, how ... how much of a, of the one lot does that building occupy, I mean, I can't tell by ... because there's no building on the lot. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 27 Davidson: You know, Jim, it's down in this part here, and this part up here where the steeper hill is is pretty much open space. Throgmorton: Okay, so, uh, the extension of Hickory Trail, is that for excess to the building, to parking under the building? Davidson: Yes, yes, they will have their driveway in approximately this area and then you can see the under, uh, ground storage, uh, parking, the underground parking, uh, underneath the building that will have access from that in about this location right here, and then there's a parking, a surface parking area for visitor parking in the back here. Throgmorton: Yeah, I asked because I was wondering, you know, all we had to go on is the map. You know, the ... the plat map (both talking) so I was wondering about the (both talking) Davidson: ...this is stubbed, if I can find (both talking) Throgmorton: ... that's what ... I was wondering about (both talking) Davidson: ...this is stubbed here to allow access into the property. ACT owns this property over here right now. They have no plans to develop it, but this would at least allow that to happen. Throgmorton: Okay. I wanted to know why there was a stub! (laughs) Davidson: That's why it's stubbed. Throgmorton: All right. Davidson: I mean, ACT could sell it to somebody else who might be interested in developing it. Throgmorton: Okay, and what can you tell us about the possible open prairie site? Davidson: Um, that's all tied up in the conditional zoning agreement, Jim, and I ... and I, that's not part of the materials that you received, but there is some type of a facility through that conditional zoning agreement that is, I think it's intended to be kind of a buffer between the ... the parkland and this structure. Throgmorton: And how compatible is that proposed building with, uh ... with other structures across the street? Davidson: It is modeled after the building that's located on this lot here, um, it's not exactly the same architecturally because the property, this ... this is, uh, more down and This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 28 adjacent to the creek on the flat land, and this is a hilly site, but it's ... it's modeled after that building. Throgmorton: Okay. Thanks. Dickens: They've very nice looking buildings down there so... Davidson: Any other questions (both talking) Payne: The only thing we're doing is approving the plat. Will we ever see the site ... a site plan or anything like that? Davidson: No! That's ... (both talking) Payne: That's all... Davidson: Your work was done in the conditional zoning agreement. It'll all be handled administratively in terms of the site plan. Payne: I know in previous... iterations of this project (laughs) parking was a huge issue. So all the parking's going to be underneath for the residents... Davidson: All the required parking for the building is underneath and then there's visitor parking, uh, in ... not very many spaces, but a few spaces in the back. Unless they modify the conditional zoning agreement (noises on mic) (mumbled) ...will not come back to you. Any other questions? Thank you. Mims: Any further discussion by Council? Roll call, please. Passes 6 -0 with, uh, Hayek abstaining... or recusing. (several talking) Hayek: Thanks, Susan! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 29 ITEM 5. AMENDING MOSS GREEN URBAN VILLAGE URBAN RENEWAL AREA - APPROVING AMENDMENT #1, MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN TO ADD URBAN RENEWAL PROJECTS AND EXPAND THE URBAN RENEWAL AREA. 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Davidson: Uh, you see here the existing Moss Green Urban, uh, Moss Green Village Urban Renewal Area, although the development is no longer known as Moss Green Urban Village. That is still the name of the urban renewal area (laughs) uh, the Moss Ridge Campus is now the ... the name of the, uh, development area here. Highway 1, uh, Interstate 80 interchange, uh, this is the Pearson property. The amendment before you ... again, this is an amendment to an existing urban renewal area that you see before you, uh, related to basically our desire to take this, uh, the next step. There are three pieces to amendment #1, uh, what this would allow is for TIF funds to be used for the construction of the proposed access road which is in this vicinity and I think you're well aware of, uh, we have a RISE grant that will pay for half of that expense. We would like to be able to use TIF funds... this ... this enables us to use TIF funds for the remaining portion that the, uh, the City will have to pay to get that constructed. Uh, the second thing is it adds the Pearson property to the urban renewal area, and basically any tax increment generated from that could be used for, uh, any possible TIF project, whether that be us on the road, whether that be incenting businesses. It could also be used for Pearson to do ... an addition or some enhancement to their facility, if the City Council approved a TIF project. Again, this then would be part of the area that could have TIF funds derived from it. Uh, the final thing then is for the City to have the possibility of incenting on the platted area that is, uh, Moss Ridge Campus to incent businesses, and again, all we're doing is enabling. You're not approving anything. Those would come to you, with a recommendation from your Economic Development Committee on a case -by -case basis and you will consider those, but this enables our ability to make that happen. Mims: And just to clarify, Jeff, my understanding is that Pearson was very supportive of having their property included in this. Davidson: They are supportive, yes. Mims: Thank you. Davidson: Uh, this is recommended by the Economic Development Committee, which three of you sit on, for approval. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 30 Hayek: Thanks, Jeff! Would anyone else like to address the Council during the public hearing? Okay, I'll close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Champion: Move the resolution. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Roll call, please. Item, uh, #5 passes 6 -1, Throgmorton in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 31 ITEM 6. MOSS RIDGE ROAD — APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MOSS RIDGE ROAD PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) For the public's information, this, uh, will include construction of a street from Highway 1 to the Moss Ridge Campus, uh, which is, uh, north Dodge Street and Highway 1 improvements, a number of other improvements. The estimated construction cost is about $3.5 million. It would be funded with general obligation bond proceeds, tax increment financing, and RISE grant funds. Is there anyone to address the Council during the public hearing? Public hearing is closed. (bangs gavel) 2. CONSIDER A RESOLUTION Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Roll call, please. Item passes 6 -1, Throgmorton in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 32 ITEM 8. TICKET SALES IN TRADITIONAL THEATER SEATING - AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE CALCULATION OF TICKET SALES FOR EXCEPTION CERTIFICATE PURPOSES. (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Mims: Just want to explain to the public kind of what we're doing here? Champion: Right (mumbled) Hayek: Yeah, uh, and this has to ... well, do you want to ... this has to do with how, uh, how tickets are, uh, counted in the, uh, alcohol versus non - alcohol calculus that, um, would apply to theaters and ... and I think this is driven from a request from the new non - profit downtown which wishes to pursue a cinema, uh, a venue, uh, and it has to do with how the City counts up revenue, essentially, and the sources of revenue, for purposes of allowing, um, alcohol sales. So ... I don't know if I stated that well enough... Mims: I think so! Hayek: Staff is more or less on board (laughter) Anyway, I think it's a good move, personally I think it's a good move by ... by the Council to, um ... to work with, uh ... an idea that we think would bring a lot of benefit to the downtown. Mims: I think it's just another example of ..as we talked earlier, the flexibility I think that the staff and Council has shown in trying to work with various venues who do serve alcohol, um, and are being responsible and trying to have some, you know, some exceptions in terms of people in there and ... and be reasonable in how we're doing some things and so I think, uh, just being flexible in that regard. Hayek: We ... we were already doing this for theatrical productions... Champion: Right! Hayek: ...but there's this on -stage requirement, and the cinema would ... there isn't a stage. The stage is the screen and you have seating and so this worked out a wrinkle there to accommodate this expanded use. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 33 Mims: Right! Throgmorton: I ... I must have read the, uh, the packet too quickly cause I didn't even see this item, and now I'm looking at the packet and ... and I notice that there's no staff memo or anything about it. Uh, so I'm going to vote for it tonight, but I would like to see a rationale stated in writing for ... for, uh, for doing this. All I see in front of us right now is a, you know, a proposed ordinance. Unless I'm missing something. So if I am, please tell me, but... Dulek: The comment explains it. I'm not sure what more our office could provide, but we certainly can. Uh ... it's... Champion: I think it's apparent. (several talking) Mims: Yeah, I mean, to me it was pretty straight - forward, just in terms of, you know, as we're looking at what ... I was actually kind of surprised that ... ticket sales ... just in some of the nuances of the language... Champion: Right! Mims: ...in terms of what would count as `alcohol' sales (laughter) and ... and I ... I'm assuming some of that distinction is ... you know, like cover charge, you know. Dulek: Yes. Mims: You know, that they call a cover charge a ticket and then not be alcohol and in fact we do call that alcohol, and so this has to be kind of called out separately. So, I mean, I thought that was fairly straight - forward. Dobyns: Well, Susan, what would be the burden? Like FilmScene if all of its ticket sales, uh, were applied as an alcohol related sale, what would the ... be the burden to that, uh, organization by doing that? Dulek: Well they won't get the exception (both talking) Payne: ...open after midnight, right? Dulek: Yes. Payne: (laughs) Dobyns: And that would be a problem because they're... Hayek: Yeah! And what we ... expressly want to do is provide late -night alternatives in the downtown area... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 34 Mims: Right! Hayek: ... and not being able to show movies downtown after midnight is an impediment to that. Throgmorton: Okay. I think I should take responsibility for the fact that I did not read this particular resolution (laughter) I missed it so, um, I'm not going to burden anybody with it. Hayek: Any further discussion? Roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 35 ITEM 12. CITY COUNCIL INFORMATION. Hayek: Why don't we start down on your end. Dobyns: I'm just, uh, really excited to been ... and proud about the sting operation that occurred, uh, this past summer with the City (mumbled) and other jurisdictions regarding (mumbled) synthetic drugs being sold in some businesses in downtown Iowa City. Um, there are still some work that needs to be done, but I know that there were some very concerned citizens, um, who actually demonstrated, um, in front of these businesses this past, uh, summer, urn ... and I'm also very equally concerned, and I'm really glad that this operation, um, is going forward, and I want to thank the, uh, Police operations for, you know, the work they've done, and others. Payne: I don't have anything tonight. Dickens: I'd just like to thank the Parks Department for putting on a triathlon. Saturday I was out of town at a business meeting and I did get a picture of my three granddaughters at, uh, took part of it in three different age groups and uh... quite a thing having, uh, 6- through 11 -year -olds doing swimming, bicycle racing, and... and uh, running around Mercer Park. It was a... sounds like a great event and, uh, I'd like to see it maybe expanded a little bit (both talking) Dobyns: Does that include putting you in a bathing suit (laughter) Dickens: That isn't gonna happen! (laughter) Hayek: I think they call that a public nuisance! (laughter) Mims: Um, had the opportunity this afternoon, um, as Jim did, and I know, uh, Adam from the City Manager's office and ... and many others in the community to attend, uh, a press conference at the racial, or the Coalition for Racial Justice, um, at the Library, and I think they had some good recommendations for the community and ... uh, certainly will be back before the Council, I think, for a lot more discussion and I'll just leave it at that, but I think it was a very good meeting and uh, a very dedicated group of people who are trying to, um, move things forward in this community. Throgmorton: It was very well attended too, around 65 people (several talking) Champion: I want to bring up another alcohol issue (laughs) that, um, I'm hoping the Council will look at. It was kind of an unintended consequences of our big overhaul that we did in 2009, whenever it was, and that is now if you own a restaurant and you're open to 2:00 A.M., if you sell that restaurant, you can't be open to 2:00 A.M. anymore. And I ... I don't know, that seems like punishing people who This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 36 really aren't ... were never the problem! The places that are full -time restaurants downtown that are open til 2:00 A.M. do not ... they're not on our PAULA list, and I thought maybe we could think about treating them like we do the music venues, that they could be open til 2:00 as long as their PAULA rate was over that little minute thing we have, cause the venue ... the music venues have certainly been able to keep minors from drinking, and they've been very successful at it, and I think it's kind of a similar thing — these places to not serve minors. Mims: Is that correct, Sue? Champion: Yes, it is! Mims: I thought all the liquor licenses were... Dulek: ...were grandfathered in... Champion: But then when they're sold... Dulek: Yeah, but it's the use ... it's not the who. It's the use. So... Markus: I think ... I think what you're referring... Dulek: ...if it's abandoned for a period of time, then you lose that use. Mims: Right, if it's abandoned for 12 months... Dulek: Right. Mims: ...then you don't get it back. Dulek: Right. Markus: And that's the issue. Champion: Oh! Markus: So you have to prove up that you're actually operating under those old terms on a consistent basis. Champion: I see! That was not... Markus: In particular before 2009 when those provisions went into effect. Champion: Okay, all right! Markus: That's the critical, and I ... I know who you're talking to. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 37 Champion: Right, but I understand... Markus: ...talked to `em as well. Champion: I'm sure you have! (laughs) But now I understand. Okay! All right, so they can't reverse what they were doing. Markus: It isn't just an automatic loss of the license. Champion: Okay! (both talking) Markus: ...just because of a sale. Champion: Thank you! Sorry I brought it up! I should have just asked somebody earlier! Markus: Not a problem! We're aware of it. Champion: But I try not to bother anybody! (laughter) Hayek: Jim? Throgmorton: All right, I have three things. Hold on to your hats! Uh, when reading the minutes of the Library Board's May 23`d meeting I noticed mention of the digital archive of historic photos. I don't know if you've looked at `em or not. I ... I went through it a little while ago, and looked at ones concerning urban renewal from the 1970s here in Iowa City. (laughter) There's a great set of photos showing, you know, really crisp images of buildings being torn down. Markus: We've looked at `em! Throgmorton: Of all those empty spaces, you know, it's powerful stuff for anybody who did not live in Iowa City, uh, back then. Uh, and it also led me to take a look at this. I don't know, Tom, if you've seen it or not, but for the public, it's called the Iowa City Story. So Roberta ... Linnen Kamp, is that right, uh, wrote it in 1982. I spoke with her a few days ago, uh, and it's full of insight for anybody who wants to understand debates in Iowa City about its downtown right now and... Dickens: She wants to rewrite a new one (both talking) Throgmorton:... she does, yes, and I chatted with her about that and it's an interesting idea. The second thing I wanted to mention is that the Green Party of the United States will be holding its annual meeting here in Iowa City this coming weekend, July 25 through 28, and I understand most of the events are going to be held at the Iowa Memorial Union. I'm not a member of the Green Party, but uh, I'm pleased to hear that they're holding their annual meeting here. The third thing is, last Friday This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 38 night I had the opportunity to see a really great performance by Mavis Staples, and her band at the ... at the, um, Englert. Man was it good! I mean it was the best performance I've seen anybody do anywhere in a very long time! So bravo to Andre Perry. Bravo to Katie Roche. Bravo to the Englert. It was outstanding and they did a brilliant job of bringing her here. Hayek: Thank you for those comments, Jim. Uh, we went through reviews, uh ... uh, last week of our, of the three employees that work most closely with ... with the City Council — the City Manager, the City Attorney, the City Clerk — um, and I simply want to thank them publicly for what they do to support this Council and the operation here and the community at- large, we are blessed to have a, uh, professional, um, skilled, supportive, and highly competent, uh, set of leaders around the City Hall. So, thank you for what you do! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013. Page 39 ITEM 13. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. Hayek: (mumbled) Markus: Just thanks for those nice comments. Appreciate it, and Mavis Staples was an outstanding (both talking) Throgmorton: Were you there too? Markus: Yes I was! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 23, 2013.