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HomeMy WebLinkAbout2014-04-01 TranscriptionPage 1 ITEM 2. PROCLAMATIONS. ITEM 2a Mayor's Day of Recognition for National Service — April 1 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Joan Cook, RSVP Director. (applause) (several talking and laughing) Cook: (mumbled) Hayek: You sure can! Cook: Okay! Thank you, Mayor Hayek, for joining the 1,760 mayors across the country proclaiming April l't as National Service Day. Celebrating AmeriCorps and Senior Corps volunteers, Elder Services, retired and senior volunteer program, recruits and places over 500 volunteers providing 41,000 hours of service to the community. Just a few examples, RSVP volunteers provide thousands of hours and one -on -one tutoring and mentoring to 400 students in grade K through Stn grade. We have a few of those here today and volunteers deliver Meals on Wheels, hundreds of Meals on Wheels every week. They also provide transportation to medical appointments for more than 250 older adults in need. On behalf of all the volunteers, and those they benefit ... that benefit from their unselfish efforts to serve this community, I thank you for the proclamation. Hayek: Thank you. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 2 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Mims: Move adoption with, uh, 3c(1) deferred to a special meeting at 4:00 P.M. on Monday the 7 th Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? For the public's information, 3c(1) is, uh, the resolution awarding contract and authorizing, uh, the Mayor to sign, uh, a contract for construction of the Animal Care and Adoption Center. We're moving that until Monday, where we will be, at that meeting, setting a public hearing for a future date. Further discussion? Roll call, please. Passes 7- 0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 3 ITEM 4. 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. So if there's something that is not on tonight's agenda that you would like to bring to our attention, we invite you to come forward. We ask that you sign in and also verbally give us your name, uh, and to limit your comments to five minutes, please. Weiler: I'd like to introduce Chad Diefenderfer, and I'm Tony Weiler. We're both on the board of the Homeowners Association for the Peninsula, but we represent the Second Way Out and Chad has something to say briefly and I will be brief also. Diefenderfer: Hello. Uh, as Tony mentioned I'm Chad Diefenderfer. Um, a resident of the, uh, Peninsula subdivision. Uh, thank you for your time, Council. Um, first off I'd like to thank Jeff Davidson for the effort he's put in to the Second Way Out project so far. Uh, the members of our community received a letter from him and his office on the 201h of March, uh, last month, um, and he outlined three separate projects that he and his office have evaluated, uh, for providing us with a second way out in the event that the one way out of our neighborhood, Foster Road, is closed. Uh, in the event that currently Foster Road does become closed, it would force a mandatory evacuation of our area. Um, and now with hundreds of families living up in that area, uh, we need to have a second way out. Uh, Jeff in his letter goes to outline that finally they've determined that the extension of Laura Drive, up and around Foster Road, over a low -lying area of Foster Road that is prone to flooding will be the most feasible option. Um, however, the ... no movement on this project will be made until a determination of a larger redevelopment plan for the area is done. Um, as a resident of the area, and when I say my area I mean not only the Peninsula neighborhood but also the individuals who live along White Oak, uh, individuals who live on Mackinaw, and the, uh, Elk Run condominium area, literally hundreds of families. Uh, we can't wait until a larger redevelopment plan is put out there. Uh, we need to have a second way out now. Uh, in two of the last six years have been flooding significant enough to close Dubuque, and one of those years we had flooding enough, significant enough, to close Foster and force our families to evacuate. Uh, we just can't have that again, uh, so I'm here today to ask, uh, with Tony is that, uh, funding for this project be allocated in the next upcoming, uh, budgetary session later this year and that a commitment be given, uh, that this project be started and completed in 2015. Ultimately we need a way to access our homes. Thank you. Hayek: (mumbled) for your comments. Weiler: This all started about six months ago, and uh ... we have come before you several times to talk about the issues that Chad just discussed. So we decided about a month and a half ago that we should see what the rest of the people say in our area, not the Peninsula but all of the area. As a result we sent out petitions and This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 4 uh, I'm going to present those to you today. We received 37, uh, petitions signed from the Elks Club, which is commercial business, golf course, swimming, and they told us that they had lost a tremendous amount of business when the roads were closed. Elk Run condominiums, we had nine petitions signed, and that's a... probably a large majority of their, uh, people that live there. Mackinaw Village, 25; uh, White Oak Place, 100% -- 29; and the Peninsula, 100. Uh, that's a total of 200 petitions. We'd like to ask you and we thanked Jeff for his help and we'd like to ask you to consider this along with the information that, uh, Chad's just given you. Thank you very much. Hayek: Thank you. Karr: Motion to accept correspondence. Payne: So moved. Mims: Second. Hayek: Moved by Mims ... or, moved by Payne, seconded by Mims. Discussion? All those in favor say aye. Opposed say nay. Motion carries. Hemingway: Thank you very much. Uh, my name is Phil Hemingway, 415 Elmridge Avenue. Thank you for the opportunity to speak with you tonight. Uh, I wish to compliment the Council on your purchase of the Chadek field. Uh, this shows tremendous foresight and... forethought and vision. Uh, Carl led by example. His work ethic, honesty, and physical conditions are example for all of us to follow. Uh, at one time school officials had rumored, uh, it would take $10 million to secure this property. Uh, your use can be a future benefit for generations to come and uh, I would just want to compliment you on your, uh, seeing the importance to the community to secure that property. Thank you. Hayek: Thank you for the comments. Honohan: Mr. Mayor, Members of the Council, Jay Honohan, 1510 Somerset Lane. I'm a member of the commission. I'm here to dis ... tell you a little bit about a very excellent, uh, presentation that I attended and Rick attended at the Senior Center. A gentleman by the name of Collin Milner who is the Executive Director of an international organization on `Active Aging.' And we had at three sessions, uh, first session was at noon with, uh, the Commission and one of the, uh, groups... the ... at-large ... senior moment! (laughs) Can't remember the name (laughter) Steering Committee! Thank you! (laughs) I always bring people along to help me with act! (laughter) Hayek: Smart man! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 5 Honohan: But anyway, it was an excellent presentation. We ... questions and answers, and then in the, uh, afternoon, uh, Mr. Milner presented an excellent program showing, uh, the kind of things that help active aging, and examples of people with active aging. And he taught me one thing. I should never raise my hand because I wound up on ... piggyback on his back walking back and forth across the room! And Linda and I both thought I was going to fall (laughs) Anyway, he had another nice presentation in the evening. Uh, not as well attended as the afternoon program, but well attended, and we enjoyed his presentations and his suggestions, which we've kind of put in the back of our minds for things that we might do at the Center. Finally, if you have children or grandchildren, we're going to have a Bunny hop this Friday at the Senior Center from 7:00 to 9:00, and if you don't want to come with them, they're sweets, Jim, so you can some and get the sweets! (laughter) Thank you. Dobyns: Gee, I was going to comment when he was carrying you on is back, I was ready to set any fractures that might have happened to you (laughter) Hayek: Anyone else during community comment? Okay, we will move on to Item 5, Planning and Zoning Matters. Throgmorton: Hold on (mumbled) Think there's... Mims: Did she want (both talking) Throgmorton: (mumbled) Hayek: Oh, do we ... we have somebody, all right, we'll revert back to "Community Comment." Cross Lea: I apologize. Um, I wasn't sure how the ... how long the list was. Hayek: Go ahead, if you could... CrossLea: My name is Sue Ellen CrossLea, and I live at 1125 Kirkwood Court. I was here for most of the work session, uh, immediately prior to this meeting, and ... I have to confess that I was a bit disappointed in that I didn't hear much discussion about, uh, promenade that I had, um, heard about prior to coming to the meeting and I was very excited about. I did hear discussions about let's not let Coralville and North Liberty continue to drain off our energy and our, um, collective, artistic spirit and uh, or our whole community spirit, and I also heard a comment about us becoming the next San Antonio, or at least a version of San Antonio. Hayek: Could I interrupt you... CrossLea: Yes. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 6 Hayek: ...and the reason is that ... I think you're referring to the Gateway item, which (both talking) CrossLea: Right. Is there another comment time for that? Hayek: There is. There will be comment, uh, under that and that is later this evening on ... on our agenda when we take that up (both talking) and I'm sure... CrossLea: I apologize. I just... Hayek: So hold your fire... CrossLea: Didn't want to miss my, uh ... (laughter) my opportunity when ... when I got it, so okay! Just ... make sure somebody elbows me or something if I don't look too alert, okay? Hayek: I'll get you a paper airplane! (laugher) All right. Anyone else on community comment? Okay, we'll move on now to Item 5, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 7 ITEM 5. PLANNING AND ZONING MATTERS. ITEM 5a COMPREHENSIVE PLAN AMENDMENT FOR WALDEN SQUARE — APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO AMEND THE SOUTHWEST DISTRICT PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE (WALDEN SQUARE) FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL. (CPA12- 00006) 1. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Miklo: Bob Miklo with the Neighborhood and Development Services Department. Um, I'd like to say a few words about this item and the next item on the agenda, which is a rezoning of the same property. Um, the proposed, uh, Comprehensive Plan would change the, um, land use designation from Neighborhood Commercial to Community Commercial for Walden Square, which is located on the west side of Mormon Trek, um, Boulevard. Um, the, uh, next item on your agenda would also change the zoning of that property from Community Commercial, or from Neighborhood Commercial to Community Commercial. The, um ... both of those zones, the Neighborhood Commercial and Community Commercial zones allow many of the same uses, basically retail, office, restaurant -type uses. But the, uh, Neighborhood Commercial zone has size limitations in place, um, on the size of such businesses, for example an office is, on the ground floor, is limited to 2,400 - square foot, uh, or square feet. Uh, most retail uses are limited to 2,400, um, square feet and restaurants are limited to an occupancy of 100, um, occupants or by special exception up to 125. Um, the idea of these size limitations in the Neighborhood Commercial zone is to limit businesses so that they serve just the immediate neighborhoods rather than a larger, uh, market. After reviewing the, uh, applicant's request to change both the Comprehensive Plan and the zoning in this area, uh, both the staff and the Planning and Zoning Commission concluded that Walden Square has many of the characteristics of a Community Commercial zone. Um, it's centrally located to, uh, much of, uh, west side of Iowa City, uh, it has very good access, uh, by two arterial streets, uh, Mormon Trek Boulevard and also, um, Benton Street. Um ... as such, it serves, uh, not just the immediate neighborhoods around it but much of... of... of western Iowa City. In fact, other than Highway 1, Riverside Drive, and then businesses on, uh, along Highway 6 in Coralville, this is the only commercial center on ... on the west side of Iowa City. Um ... its location is also well situated with the surrounding residential neighborhoods that it can function as a commercial area without disrupting those ...those neighborhoods. Um, if you, um, look at the aerial photograph, you can see that there are some residential development on the, uh, west side of Walden Square that provides a nice transition to the apartments to the west. Uh, there is a... a change in grade on the north that provides a nice transition to the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 8 neighborhood to the north. There's a large, uh, storm water detention pond and open space to the south that provides a transition to the neighborhoods to the south, and then of course Mormon Trek Boulevard and landscaping on both sides of it provide a transition, um, to the neighborhoods to the east. Um, I've got a few photos just illustrating that. This is some of the ... the landscaping on the, uh ... um, in front of the shopping center. Um, image of the shopping center itself, which has some residential on the second floor, and then you can see from the west side, um, this provides a very good transition between the neighborhood and the shopping center. On the north side there's a considerable change in grade between the ... the apartments a ... above the shopping center and the, uh, the shopping center, which is a little bit lower. So we feel that, uh, with those conditions, or with the physical conditions of the area, this is well situated for Community Commercial, uh, without being disruptive of, uh, of the neighborhood. Um, both the Planning and Zoning Commission and staff recommend approval of...of the Comprehensive Plan amendment and the rezoning. Uh, we are recommending some conditions with the rezoning regarding, um, some design standards, signs, and the size of any future drinking establishment of the neighborhood to ... to help, uh, assure that the character of the shopping center, which fits in so well, uh, is retained. I'd be happy to try to answer any questions about either the zoning or the Comprehensive Plan amendment. Hayek: Questions for Bob? Okay. This is a public hearing and ... anyone can weigh in. Siders: Mr. Mayor, my name is Glenn Siders. I'm with Southgate Development Services. Um ... we are representing the applicant for both this item and the next item on the agenda. I have a question. Most of my remarks are gonna be actually on the rezoning aspect. This is a public hearing for the Comprehensive Plan, so I don't know if you want me to save those remarks or ... how you want to proceed with that. Hayek: You can go ahead (both talking) Siders: ...they kind of... Hayek: ....comments for both now, that'd be fine, Glenn. Siders: Okay. First of all, I want to thank you and the Council for being a little bit patient with us while we got the ... the Conditional Zoning Agreement signed. It took a little bit longer than I had anticipated, gathering all the players and ... covering the distances, but we now have a signed Conditional Zoning Agreement, and I've given that to the City Clerk. This ... this request is about making Walden Square, if I say `we' I'm ... I'm referring to Walden Square Complex, a successful and vibrant complex for the neighborhood. This request, it...it started about two years ago. We're ... we're 100% occupied today. It started about two years ago, our request, when we were just becoming ... if you recall, starting to come out of a ... to This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 9 recover from a very bad economy. And during that bad economy, or five or six years ago, we lost several of our tenants because of that economy and we had trouble replacing those tenants with other suitable tenants that would fit in that neighborhood. Uh, so that prompted a dialogue with your staff on how do we help rectify that problem. It ... it took two years. We had some wonderful dialogue. We researched probably every feasible thing we could research. We talked about text amendments to the CN -1 zone. We talked about just rezoning. The decision was to go ahead with ... and rezone the ... the, uh, project with some, and place some conditions on it, would be appropriate for this complex. And I want to just highlight a couple of things that are in your packet, in the minutes, uh, and in the staff report, which was an excellent report, and a couple of concerns that drove us to this. Bob kind of touched on some of `em. Uh, but it ... in the minutes is a ... is a ... is some wording from your staff that ... that says none of the CN -1 zones that exist now are compliant with the vision of the CN -1 zone. And that has resulted into new standards adopted over the past few years. It says future development of CN zones will look quite different than Walden Square. And I think that's a huge statement to make, because they will! If you look at your CN -1 standards, they're much, much different than ... than what our complex or any other complex that's zoned CN -1 in the city is. Uh, of all the CN -1 zones that exist, Walden Square is the largest complex. The ... the concerns that we had, and the difficulties we had in replacing our tenants, eating and drinking establishments are limited to an occupant load of 100, and that's established by the building code, and that's not a real large ... um, gathering when it comes to drinking and dining establishments. The occupant load per square foot per occupant is very, very small. So you get a loc ... lot of occupant loads adding up in a hurry. Those can be increased by about 25% if you go through a special exception process. The same holds true with retail spaces. The retail spaces are limited to 24. You can expand those to 5,000 square feet, if you go through the special exception process. Some of the tenants that were looking at filling those spaces didn't want to go through the special exception... they didn't want to take the time and expense to go through the special exception process which probably ...the special exceptions would probably be granted because of...they're primarily and ... and you can confirm it with staff, driven on traffic and accessibility. Um, and... and our complex has accessibility and can handle the traffic. So, they probably would have got approved. But it's a delay of a process for a month to a month and a half or two months, and then there's an added expense for these tenants, and an unassurance that they have that guarantee. Offices, which not only include our office, but includes the medical offices that are out there, the physical therapy offices (coughing, difficult to hear speaker) considered office structures, you're limited to 2,400 square feet, period, on the first floor. We don't have a second floor, other than the ... the building that has a residential above it. They don't have a special exception option. Some of the spaces we looked at want like 3,000 square feet ... to make their project work. The physical therapy place that is there would like 3,000 square feet. They're limited to 2,400. They will expand to 3,000 square feet if the zoning gets approved. So those are some of the driving forces that got us there. Another... another thing This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 10 that we looked at was Harding Drug. That's a building of a little over 11,000 square feet. If that were to ever vacate, if Harding would go out of that business, we'd have to divide that building into three to five spaces, depending on if you got a special exception, and that building's just not conducive to div ... dividing it like that. You don't have the frontages that you need to have for commercial space. So it'd be difficult, and you might have some empty windows there, and we certainly want to avoid that. I'll wrap up quickly, but ... some of the things in the staff report I think that ... that need mentioned is the function has changed over the past several years. The CN -1, CC -2 functions. Walden Square is readily accessible. It's appealing and safe for pedestrians. Uh, it unlikely will significantly increase traffic whatsoever. Uh, it has proved to be the only full - service grocery store and pharmacy on the west side. Draws heavily from the west side, University Heights and Coralville. Will allow more flexibility for expanding spaces and renting spaces when vacancies occur. Seems appropriate given the Center's location for west side neighborhoods and is really ... and is readily accep... accessible via Mormon Trek and Benton. Staff believes amending the Comprehensive Plan and changing the zoning is unlikely to undermine the established retail uses, or substantially increase the intensity of the overall use of the Center, but will allow more flexibility for expanding existing uses and renting spaces when vacancies occur. This request was not taken lightly by your staff or by us, or by the Planning and Zoning Commission. Some thorough thought and dialogue was given on this, and we ... certainly, uh, hope that you'll support our rezoning request. I'd be happy to answer any questions, if you have `em. Hayek: Any questions for Glenn? Okay, thank you, Glenn! Siders: Thank you. Hayek: Anyone else? Okay. I'm going to close the public hearing. (bangs gavel) 2. CONSIDER A RESOLUTION Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Throgmorton: Well, I ... I'm going to oppose the changing ... the Comprehensive Plan. I ... I certainly have no objection to, uh, enabling Southgate or any other successful business to expand, and I would be very pleased to consider other ways of enabling that expansion, but believe we should be trying to make Walden Square a slightly higher density, mixed use, walkable, livelier place that has some, uh, other urban design kind of features associated with it, rather than convert it into something that would actually attract more auto traffic from the entire west side. So ... I'm going to oppose the change in the Comprehensive Plan. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 11 Dobyns: I'm going to, uh, support the, uh, resolution. Um, I live on the west side and have lived there for over 20 years. I remember when Walden Square didn't exist. Western Iowa City is very different than eastern Iowa City. It's constrained by University, Coralville, and 218 going straight through, and there's not a whole lot of flexibility in terms of...in terms of commercial ventures. Before we had... before we didn't have this, um, development, um, it was not a walkable community at all on the west side. We had to travel afar to do just about anything. Um, it has made it a neighborhood, and it was very important for us on the west side to prefer ... uh, to preserve those, um ... uh, distinctions. Taking a look at this I think it doesn't. There are already ... and I think people who are concerned about this, there are already existing constraints. The biggest one is the fact that it's already there. The parking lot is already there. So it's not like they're going to build it and make it more commercial. So those constraints exist, the parking really won't change. The ... they've made some adjustments to this, uh, commercial development that have really preserved the aesthetic nature, um, people on my side of town like how Walden Square looks, and it has more of a neighborhood feel to it. Those aesthetic elements will be preserved because of what the City staff has, uh, put in this. So it's not a pure, uh, commercial venture. And I think that's really good. I agree with Glenn, I think it's important to, you know, get some flexibility here. Um, I think it's, uh, well, I was concerned that there would be some, uh, you know, businesses that would move out and I think this preserves, uh, some of the commercial ventures staying in there. I think we need to stay competitive. In terms of the traffic, um, my sense, Jim, it's a pretty much fixed. I don't think, um, because the parking won't grow, and uh, there won't be added commercial, uh, developments, um, I don't think there'll be added traffic to that area. I think it'll preserve the walkability that it created when it was first put in there, and as someone who, um, you know, that really changed my side of Iowa City, and um, I think these are really positive changes. I'm going to support the amendment. Hayek: This was a 4 -3 vote, and I checked the P &Z minutes and um, it's always the thing you do is, you know, especially when there's a split vote but it appeared to me that the ones who voted against this by and large indicated that they struggled with their vote on it. It was not an easy decision for them and looking at the bases for... on which they voted against it... for me, I don't think that rises to a `no' vote. Uh, I ... I recognize the need for, uh, flexibility and I think staff has done a good job of looking at this, so I'll ... I'll be supportive. Any further discussion? Roll call, please. Passes 6 -1, Throgmorton in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 12 ITEM 5b REZONING WALDEN SQUARE — CONDITIONALLY REZONING 8.7 ACRES OF PROPERTY FROM NEIGHBORHOOD COMMERCIAL (CN -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE LOCATED WEST OF MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE. (REZ12- 00001) (FIRST CONSIDERATION) 1. PUBLIC HEARING Hayek: This is first consideration and, uh, this is a public hearing which I will open at this time. (bangs gavel). Public hearing is closed. (bangs gavel) 2. CONSIDER AN ORDINANCE Payne: Move first consideration. Dickens: Second. Hayek: Moved by, uh, Payne, seconded by Dickens. Discussion? Throgmorton: Well I opposed the Comprehensive Plan revision, but given the fact that the Comp Plan has just been changed, uh, I can't see a compelling reason to oppose the rezoning. So as a pragmatic kind of person I'm going to support the rezoning. Hayek: Further discussion? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 13 ITEM 5d STONE BRIDGE ESTATES, PART 8 — RESOLUTION APPROVING FINAL PLAT. (SUB14- 00004) Hayek: Need ... let's get this on the floor. Mims: Move approval. Payne: Second. Throgmorton: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Mr. Miklo! Miklo: I just have an image of the plat and if you have any questions about it. Urn ... the first image shows it in relationship to the ... the rest of, uh, Stonebridge Estates and then this is a detail of the plat. Payne: Where's the ... wasn't there an outlot in this subdivision that there's actually the bridge on? Miklo: Yes. This is outlot B, um, and ... going back ... that's in this vicinity, up against the creek. There is a, uh ... uh, stone railroad bridge or the base, the piers of that bridge. The bridge there itself is gone, but the ... the, uh, piers are there and that's why the subdivision is named Stonebridge Estates. Uh, our Comprehensive Plan called for that to be set aside as parkland so that the historic site could be used as part of the park. Payne: Thanks. Hayek: Any questions for Bob? Anyone from the audience? Council discussion? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 14 ITEM 5e CARDINAL RIDGE, PART FOUR — RESOLUTION APPROVING FINAL PLAT (SUB14- 00001) Dobyns: Move the resolution. Dickens: Second. Hayek: Moved by Dobyns, seconded by Dickens. Discussion? Miklo: Again I have an image of the plat. It's on the south side of Kennedy Parkway. It will connect both portions of Camp Cardinal Road, uh, here's uh ... a close -up of the plat itself, showing the individual lots. Happy to try to answer any questions you have about it. Payne: That ... that space in the middle then, with the outlot, will that be parkland also? Miklo: Uh, that will be, uh, held by the homeowners association as open space, and I believe there might be some drainage, or storm water facilities in that area. It won't be publicly held. Hayek: Any other questions for Bob? Anyone from the audience? Council discussion? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 15 ITEM 5f WINDSOR WEST, PART THREE — RESOLUTION APPROVING FINAL PLAT (SUB13- 00025) Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Bob. Miklo: And again, the aerial photograph shows, uh, this in relationship to the, uh, rest of the Windsor West subdivision. This'll be the final stage of this subdivision, and uh, you can see there the lot pattern is pretty much similar to ... to what's already there. Hayek: Any questions for Bob? Anyone from the audience? Council discussion? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 16 ITEM 8. IOWA CITY GATEWAY — RESOLUTION ESTABLISHING THE DESIGN ELEMENTS NECESSARY TO BEGIN DESIGN AND ENGINEERING DOCUMENTS FOR THE IOWA CITY GATEWAY PROJECT. Mims: I'll move the resolution for the amended... well... for the design elements as to be presented by staff. Payne: Second. Hayek: Moved by, uh, Mims, seconded by Payne. Discussion? So here's what we're going to do. Uh, I assume there are people from the audience who would like to, uh, speak to the Council on this. We'll provide for that opportunity. Uh, at our work session earlier this evening, the Council reached a tentative set of decisions as to the decision ... as to the ... as to Item 8, uh, which we will take up and ... and deliberate a little further. Staff, um, has made the, uh, changes based on the earlier Council deliberations. I think, Rick, you're going to walk us through that briefly. Fosse: Yes! Yes. Hayek: And ... and just summarize those, and then we will open it up for, uh, commentary from the audience and then close it down for Council discussion. Fosse: Okay! So what this resolution does is it establishes the design elements for the Gateway Project, and these design elements will be used to prepare the concept statement that is submitted to the Department... Iowa Department of Transportation, which is one of the early steps in the, uh, design process. Um, our design elements are subject to the DOT approval and that's a condition of our federal money that's on this project, which is approximately $10.5 million. So, uh, as ... as you'll recall what we did at the work session is we reviewed this table of 71 design elements, you know, throughout the corridors of the project, and what I have here is the summary of where the, uh, design elements, uh, varied between the recommended values and the consensus values. And I will ... I'll recap that for you, and we'll begin in the trail and sidewalk section. Um, what you'll see there is that on the east side of the corridor, from the Cliff Apartments north, the sidewalk has been eliminated, and then on the east side of the corridor from the Cliff Apartments south, the sidewalk has been narrowed from a recommended eight feet to six feet. Uh, moving across the page, uh, you'll see that in the lane widths, uh, they have been narrowed from 12 feet to 11 feet in the corridor from approximately Ridge Road south to Park Road, or through Park Road. Corresponding with that, um, the external curb and gutter width has been increased from one and a half feet to two and a half feet. That will maintain the same net width in that outside lane to accommodate bus traffic and to be more forgiving for bike traffic. It's not (coughing, unable to hear speaker) but it'll be This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 17 more forgiving for bike traffic, and then the, where it's bifurcated, the internal curb and gutter — that is next to the median — will remain at the one and a half foot width. Um, the transition to 25 miles per hour has been moved from Kimball Road, north to approximately Ridge Road, and correspondingly the design speeds have been amended to reflect that. So that's... that's a summary of the changes, and uh ... with that I'll ... I'll entertain any questions. Dickens: What uh ... just a question, uh, I know we removed the sidewalk north of the Cliffs there. Can it still be graded? Is that a... an option that... Fosse: If we grade it as part of this project... Dickens: Right. Fosse: ...we're not reaping any of the benefits of eliminating it. That is the impact of the grading will ... will be there. Um ... so I think if...if you're going to grade it, you ... you should consider strongly simply (both talking) Dickens: ...the sidewalk. It just seems that with ... the eventuality of B'Jaysville going all the way through that that will be adding quite a few more people that will be walking through that area. So I ... I guess I'd like to look at that again as a possibility of ..keeping the sidewalk in there. Payne: And I guess part of the thing that I was advocating for was trying to get people to the other side of the street, to walk down the other side of the street, and I think if you grade it, people are going to walk on it. So if you're going to grade it, you might as well put the sidewalk in. So it doesn't ... it doesn't encourage people to go someplace else if there's a nice ... four-foot, six -foot, whatever path there. So if...if that's where we go, we might as well put the sidewalk in ... I agree (mumbled) Throgmorton: And the additional distance for any walker from B'Jaysville Road... south would be just the distance of crossing Dubuque Street. So I ... we're not really getting much by ... doing what I think Terry is suggesting. But, you know, by adding a walkway on the east side from Ridge Road north. So I ... I don't think that would be a needed. Mims: Well, and I think actually with the curve of Dubuque Street, if you cross at Foster to the west side and you're walking all the way down to Park Road, it's probably shorter on the west side than it is on the east side. Throgmorton: Yeah. Mims: And again, I ... you know, some day we may regret it, but I just really think to try and encourage folks over to the west side ... we don't put that sidewalk in and that means not grading then ... we don't grade. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 18 Botchway: And I (both talking) Hayek: Go ahead, Kingsley! Botchway: ...well I tend to agree with Terry, from the standpoint of, you know, walkability, at least from my conceptual understanding of it, you know, you give as many options as possible to provide for that walkability and not have a sidewalk in there, I ... I just think we're ... we're not looking towards the future, as Terry mentioned, as far as that ... it's going to have that thorough - through... thoroughway going through B'Jaysville and we're just not going to be ... we're just not considering the impact of not doing it, and ... ha ... like, kind of hindering other Councils from ... having that option. Hayek: Yeah. Well this was ... this was one of the, uh, design elements that I think resulted in a ... basically an even split on the Council, as, you know, whether they extend the sidewalk that for ... that far north or not, so I think ... you know, and I ...and I think it's a fair question whether, um, you know, even if we don't put something in because we want to encourage people to the other side, a future Council could decide they want to, and, you know, does that result in a huge expense that would be avoidable if we wrapped it into the project that we're doing now. I think it's a fair question. So ... anyway, we ... we'll have our Council deliberation, but I think that's... something that can be put out there. So, Rick, did you have anything else you wanted to present to us? Okay, so that... so the audience understands, what's up there on the wall is ... it reflects, uh, what the Council talked about at the earlier work session, um ... and so I think at this time I would open it up for community input (both talking) Throgmorton: I ... I wanted to sort of ask a question of Rick. Hayek: Oh, sure! Go ahead! Throgmorton: I ... it's sort of a leading question, so, uh, forgive me. Uh, I ... I think I recall in our work session we also discussed, uh, inviting you and the consultants to, uh, help us, uh, envision more safe ways of crossing Dubuque Street from Mayflower, you know, we've already decided not to put in a ... in a light there. I understand that, but we did talk about improving the safety of the crossing. So, and I understood y'all were going to think about that some more and eventually come back to us with suggestions. Fosse: That's correct. Throgmorton: Yeah, okay. Hayek: Okay. All right. With that, I'll open it up for audience input. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 19 Dobyns: You're on! (laughter) Hayek: Yes! You (laughter) you're the first in line, ma'am. Karr: Mr. Mayor, moved by Mims seconded by? Payne? Thank you. CrossLea: Okay, again, my name is Sue Ellen CrossLea and I live at 1125 Kirkwood Court. I've lived in Iowa City for 10 years. I'm a native Iowan, but I worked for the city of Atlanta for 13 years, and, uh, retired from there, and ... um ... I also lived in several other big cities and I was really excited when I saw the planning for this promenade, uh, possibility at, um, along the river and thought that it would really fit well with Hancher and make a lovely evening for the evening concerts in the ... and performances in the park for families, um, and be a lovely thing, but ... I really did not hear that discussed at the, um, work session. And I got ... I apologize, I got here a little bit late and I apologize also for taking your time because I have worked with, uh, public officials for so long and I know how much time you give for these jobs, but ... I'm really kind of sick and tired of hearing about the Iowa River Landing and all the wonderful things that are happening in Coralville. I have seen in the time I've lived here three important businesses, businesses that were important to me as a consumer, leave Iowa City and go to Coralville, including the Iowa River Landing, and I thought the idea that, uh, Miss Payne brought up of let's have a ... let's have something special here. Let's become a destination city. Let's have a river walk that is unique, that attracts people, that, um ... people who ... want to come to the parks or want to come to concerts or something will come and enjoy, and I just did not hear that, and I don't think it's in there, but I would like you to urge you to reconsider that, and ... in all your considerations to think about making Iowa City the very special place that it is, not just downtown but certainly downtown, and we need to ... I've got ideas about that, but I won't go into them, and um ... I really think the ... the, uh, promenade was a lovely... the... what... the information that I had was a lovely idea and I would, um, very much urge you to reconsider that, and I thank you for all the hard work you do. I know ... I know well how hard it is, so thank you very much. Hayek: Thank you for your comments. Clark: Good evening, Sarah Clark. I live on Brown Street and um, I think many of you probably are aware that I am the Recorder for the Northside Neighborhood Association and the, um ... uh, email I think that you received from our neighbor Jen Wagner was forwarded to me last night and I sent it out this morning just to the Northside list to say, `Hey, let's just see. This has not been out in the general discussion. What's ... what do folks think about that, and I received back within a matter of a several hours some responses, and they are short, so I would like to go ahead and read them, and they are all signed by neighbors. So, first one is from Jessica Busch and Paul Clark. It's a wonderful idea. The Northside of Iowa City is in danger of losing aesthetic appeal. I have often considered moving due to our This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 20 lack of services versus those that new developments are granted, such as bike trails, ample parking spaces. I have difficulty envisioning an outing with my children that doesn't require packing them into a car in order to get to a scenic landscape. The City Council should heavily consider investig ... investing in the beautification of our city. Our community is interwoven with the college population. As long as that is the case, pedestrian corridors for both temporary and life -long residents can meet, pass, and enjoy our city is worth all the weight... all the work. The idea that families and individual can congregate there during fireworks to get a spectacular view from the river's ed ... edge would be rewarding as well. Please see the huge positive impact this one feature can have on our city for the future. Uh, Jesse Singerman and Flora Cassiliano are also supporters, and Jessie wrote, A promenade would be so cool. What a great idea for walkers and gawkers. Get's us away from the cars and closer to the river and the open space. Dianna Harris said, Yes, I enthusiastically support this proposal. Let's build for the residents, not the commuters. Uh, Laurel Ferrin, um, who actually I think will be happy to hear a little bit about what she's writing about is in the plan cause she talks about the bridge. I support the promenade idea and would also suggest an aesthetically pleasing wider sidewalk promenade for the Park Road bridge, um ... and she's thinking of, um, certain, um, beautiful pedestrian - friendly bridges like the ones over the Arno in Florence, the Seine in Paris, London, etc. Pedestrian - friendly bridges allow people to congregate and enjoy crossing the river. The Park Road bridge sidewalk now is so narrow it's difficult for two people to pass each other without feeling, uh, they are in danger of being hit by a car or a bus. Uh, Sue Futrell from Fairchild said, Yes, this is great thinking. There is no real access or beautiful connection to the river anywhere along the entire stretch through Iowa City. This would be an entry point that will hopefully be picked up again by the new development plan for south of downtown. Please convey my very enthusiastic support. I won't be able to be at the meeting tonight. Thanks for the opportunity to add my vote in favor of this. Um... someone who actually is here tonight, but I'm going to go ahead and read it anyway. Uh, Sharon Degraw and Tom Lally from Brown Street. Uh, please add our names for being in support of a destination promenade walk along the river and for being against the designated right turn lane for traffic turning west onto Park Road bridge off of Dubuque Street. This will make the intersection so large that it goes against the enjoyable walk, jog, or bicycle ride concept. I avoid these large intersections when I'm on foot. There are too many variables with cars, and therefore they are scary. It tells pedestrians they have no business being there. Please design the Gateway to benefit citizens at large, not just 9:00 to 5:00 commuters and game -day drivers. Chris Welu- Reynolds also Brown Street says I support, um ... the uh ... opening up by deferring a vote on the right -turn lane that would allow us to then open up the idea of a promenade for further discussion and input. And, Eric Gidal, also Brown Street, said I will not be able to attend tonight's Council meeting, but I strongly, in all caps, a no -no in email, uh, I strongly support the ideas expressed in this letter. And then also just a few other random people from I think Whiting Street, the Peninsula over on Court Street, uh, your City High also came in support. Barb Bailey, Becky Hoffbauer... This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 21 Hoffbauer, Wendy Brown, Annie Tucker, Del Holland, um, Jiyun Park from Manville Heights, and Kristen Rummelhart. So, there's some folks with just very short notice, reading the letter, saying, `Oh my gosh, this sounds pretty exciting. Can we please keep this discussion openT Thanks a lot, and I also add my vote to that. Thanks! Hayek: Thank you, Sarah. Anyone else from the audience? Coulter: I'm Joe Coulter (clears throat) at 1818 N. Dubuque Street. Um, Mr. Mayor, Members of Council, uh, I want to ... you to consider seriously in the Gateway project redesign, uh, and with regard to Exhibit A here, uh, the following elements, that you adopt the following elements. That you eliminate the sidewalk on the east side of north Dubuque Street from Ridge Road intersection to Foster Road, which I believe has been, uh, incorporated in the present version. Uh, to reduce the speed limit to 30 ... from 35 to 25 from Foster Road ... Foster Road (clears throat) south on north Dubuque Street. To signalize the mid -block crosswalk on north Dubuque Street at the Mayflower dorm, reduce the eight -foot sidewalk on the east to a four -foot width along north Dubuque Street, from the Mayflower to the Park Road intersection. (clears throat) Finally, to reduce the lane width to 11 -feet, uh, from the Foster Road intersection south to Dubuque Street, which I believe has been incorporated in this (mumbled) Uh, in addition there are a number of other design considerations that impact my property, the Jacobson - Coulter house at 1818 N. Dubuque. Uh, these include (clears throat) the barrier in front ... that is proposed to be erected in front of my garage; the relocation of the driveway, uh, that provides access to my, uh, property; uh, the acquisition of my property, the south end of it, uh, to realign the Ridge Road intersection. All of these, I believe, uh, need to be taken into consideration, although they are not elements of the particular design features you're working on, uh, this evening. Nevertheless, they are important considerations to me. I want to thank you for giving your thought (mumbled) judgment to these, uh, serious proposals. Thank you (both talking) Hayek: Thank ... thank you. Anyone else? Cummins: My name is Dan Cummins. I'm at, uh, 12 Bella Vista and I just have a few comments that I wanted to, uh, to make. Um, first of all, I want to, uh, tell you that I appreciate all the hard work that Council and staff has done over the last six plus months. I think, um, it's been a very interesting process to see evolve and I... I think we've made, uh, some very good progress. Still a few things that I'd like to raise as ... as points that, uh, I'd like you to consider as we go forward. Um, first of all, as it relates to the change in the speed, um, like Joe I ... I think the step that we've made tonight is ... is very positive, to move the 25 out, uh ... uh, past the Mayflower. I would, uh, request that you consider, again, moving that to Foster Road. I think that's a natural breaking point where you have a stoplight, coming off that to maintain that at 25, coming off the stoplight. Um, as far as the, uh, the crosswalk, one of the things that I've been concerned with, uh, related to This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 22 the speed, um, is the thousand kids that we have living at Mayflower. I think last week we heard from the consultant that crossing the road is like, uh, dodging, you know, cars and ... it's like a rabbit crossing across the road. We recognize sometimes that college students may choose not to necessarily follow all the rules that we would like to `em as adults perhaps, but I think it's incumbent upon us to create a situation where we put a crosswalk that's activated by pedestrians to create the most safe situation that we can. I think it would be a terrible thing if at some point in time somebody chooses to cross that stretch there and we could have put a crosswalk in place that was activated with a stoplight. So I'd ask you to consider that again. Uh, we've had, uh, a lot of good discussion and heard some very, uh, strong support for the promenade. I think that the, uh, that's a, uh ... uh, a wonderful opportunity for the Council to create a visionary entrance to Iowa City, and to draw people to the space. So I would ask Council to direct staff and the consultants to incorporate this into the next, uh, phases of the detailed design, and in doing that, I do believe that by pushing and pulling people from the east side to the west side that we would need to again consider whether we need to have a sidewalk from the Mayflower, um, down to Kimball Road. I understand that coming down Kimball, and connecting up, there's a need but uh, I ... I really struggle with, uh, why we need to have a sidewalk on the east side. Uh, the third, uh, factor that I would, uh, or the next factor I'd like you to consider and it's something that we ... we don't see on this at all, although it did appear on some of the drawings, and that is the Kimball Road impact. Uh, there's been really almost no discussion of Kimball Road. We've had some, uh, talked to Jim about it. Melissa and I have had some conversation over the last couple of weeks, I think all of you received a communication from me requesting that this be, uh, discussed, but again this evening there was no discussion, no presentation really of what the design parameters are going to be in that space. It's a very narrow space. There's historic bluffs along that. It's where our property actually butts down to so, uh, I ... I do have a lot of passion for that. And so I would ask, uh, Council to put this specifically on the agenda for the next meeting to, uh, get, uh, more communication and plans. I have some things from Melissa where she talks about five -foot sidewalks in that space, which I think is more than what it is now, but it's at least a step in the right direction, but there's a lot of issues in terms of the grading off there and how that's going to come off of Dubuque Street and run back up to, uh, up to Gilbert. So, thank you and I appreciate, uh, all the hard work that everybody's doing (both talking) Hayek: Thank you for your comments! Anyone else? Okay, I'm going to close it down for Council deliberation. Mims: I guess I would ... have a question of Rick and that's one thing I think we, as a Council, we have kind of skipped over and that is the Kimball Road, uh ... you know, impact and sidewalk widths and I know I had seen some correspondence, I think, from neighbors there, talking about, you know, is there any feasibility of basically burying the creek, you know, a big culvert with the road over that, so This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 23 you could shift Kimball to the north a little bit. Can you address some of those issues and... Fosse: Yes, as Dan said, he's been working with our staff and ... and discussing the various options there. Uh, but it does not represent one of the design elements that needs to be pinned down for the concept statement that goes to the DOT, so that's not been ... that's one of the reasons that was not discussed tonight. Mims: Okay. Fosse: So, we're still looking at the options there, and uh ... we have yet to have final design at that point. Mims: Okay. So anything that we decide tonight doesn't... preclude further discussion and ... potential adjustments with Kimball Road, is that... accurate? Fosse: That is correct. Mims: Okay. Fosse: Yes. Mims: Okay. Hayek: I ... I think that's a good point to raise, uh, you know, Kimball is one of the oldest roads in the community. I think that was the first subdivision or something... it's the first of something, uh, if you look back in the City records, and it does ... uh, transition almost immediately to a very narrow roadway, and we want to make sure that that transition is ... is sensitive, and there's a beautiful quarry feature at the bottom there, um ... uh, which I would not want to impact. So as long as we know that ... the decisions tonight don't impact that, and that we'll reserve that for sort of the pending list of the ... for the next round of decisions, I'm comfortable with that. Payne: So do we need to get in this discussion about the sidewalk? North of Cliff Apartments? See where we're all at. Hayek: Well I ... yeah. Um... Mims: I'm still not interested. Throgmorton: No walk, no grading north of...what's the road? (several talking) North of, uh, Cliff Apartments. Dickens: I still think we need to look at it for future. I just think it's ... it's short- sighted not to ... not to at least have it graded. Cause the potential there is for that growth and This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 24 I know, Jim, you're really big into walking and accessibility and we're taking that away from that side of the street. So, I still think we need it. Throgmorton: Doesn't add anything! (laughs) It just eats into... Mims: Yeah, I think when you've got it on the west side and you've got a wide trail, um, and when you look again, as I said before, when you look at the curve of Dubuque Street, walking on the west side down through is basically a short, or shorter, than walking on the east side, and um, while typically I would say yes if...if this is something we would want or should do in the future we should prepare for it now. I think in doing that, then that guarantees it's going to happen in the future because I think it guarantees people are going to walk through the grass now and make their own path, and it's going to have that impact on the bluffs and on the property on the west side. And so I think to encourage people to go to the west side, um, and maybe I said it the wrong way — the east side, but to ... to encourage people to go to the (several talking) west side, the river side, um ... I don't think we want to do the grading or the planning for it. Now, years down the road, you know, and even when we get this done, there may ... there will be people who say we should have built it. But, um, again I think when you look at the distance, when you look at the wide sidewalk on the river side, the west side, of Dubuque, um, and trying to minimize that impact to the property owners, um, I think that's the way to go. Dickens: There's already walking paths on that piece (several talking) It ... it's already being used and dangerously right now. So I ... I think if we're talking safety as well, I still think we need one there. Hayek: Rick, could... could you come up... sorry, Kingsley. So... so there's clearly a split. There are three or four people who kind of want to do that and at least two or three, or maybe four, who do not. Uh, I haven't taken a firm poll here but... what are our options this evening on this topic? Fosse: Let me think that through. Hayek: Including letting you go back (laughter) and you know, putting pen to, you know, getting out your calculator and figuring some things out in terms of cost, risk... Dickens: Space. Fosse: Uh huh. Well, something I want to ask our consultant on the fly here during the meeting is, can we include it in the concept statement, but then make a decision not to build it later? That's what I don't know the answer to. And Mark, where's Mark? He's out in the hallway. He'll be (laughter and several talking) Mims: He ... he heard you; he's coming! (laughs) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 25 Dobyns: I was wondering why he's walking up, as far as a comment, because I ... I mentioned this to Council at the work session before. The ... the concern I have is, um, bikers. Um, we have a wider lane on the west side, and my concern is that if you have a .... one of the problems... recall even north of this, we have a topographical problem in that the eventual bike lane has to jump from the west side, at Foster, over to the east side because of the topography and as you recall, with the County, we're developing a very nice bike lane north of Dubuque Street. And so bikers are going to be taking that quite a bit, and so if you're a biker on the east side, if you have any compelling reason to stay on the east side, because you know that eventually, about a half mile down the road, the bike path will jump back to your side. My concern is that students, predominantly students coming from Mayflower, walking down on the east side, um, I don't want them necessarily running into a lot of bikers, because there will be sort of a biker/ pedestrian interface, which is problematic. Also, if you're going to have bikers there and pedestrians, that indulges you to perhaps make that sidewalk wider, like eight feet. Because of concerns about the Bella Vista slope, uh, I'm very interested in shrinking that east side to six feet. So that's sort of what I ... I brought it up from my point of view. Um ... uh, is that I want to sort of decrease the ... the bikers. So... Payne: You want to ... you want to encourage them to be on the (both talking) Dobyns: I want to encourage the bikers to cross over to the west side, um, and to keep them away from the east side. If you make it a continuous sidewalk and a grading, you will encourage that all the way from the east side from, uh, Brown Street, Park Road, all the way up to Foster. And I'm concerned about that. And, Rick, did I buy you enough time? (laughter) Fosse: I want to converse with Ron, as well, for a moment, so if you have any more... comments (several talking) Botchway: What about from Mayflower up? I mean, are we not considering that anybody would walk from Mayflower up towards, um, Foster Road or B'Jaysville? We're saying that they would have to cross, um, at the Mayflower, um, crosswalk, or if they want to be super -safe, go down to Park Road ... or, yeah, down to the Park Road bridge, cross over, and then come up. Mims: Well we ... we know they're not going to go down to Park Road. Botchway: Right. Mims: So they're going to cross at (several talking) Mayflower... Botchway: Right. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 26 Mims: ...I mean, and... and other than the busiest times of day, I mean, I think people can ... since you're only having to do two lanes of traffic at a time, and it's traffic going in the same direction, hopefully... people with decent judgment can get across there safely, I mean, they may have to wait a bit. Um, I ... I would hope at some point we'll see a signalized and activated signal there, um, but I ... yeah, I'm still not in favor of going north from the Cliff Apartments. Fosse: I have an answer for you! So for the concept statement that's submitted to the DOT, we need to be specific about anything that is a bike trail, and that covers the ... the trail on the west side. For sidewalks, we ... we don't need to pin ourselves down as tightly on that. So we have some flexibility to defer that decision on the east side, if you would like to do that. Throgmorton: So I want to agree with, uh, with what Dr. Rick said, uh, a few minutes ago about, uh, what would happen if we extended the sidewalk all the way up to, uh, B'Jaysville Lane. (mumbled) a substantial number of people would prefer to use their bikes on the east side, from ... Park Road or, you know, from the University, on down past May... Mayflower, on up, uh, past Foster Road and B'Jaysville Lane, which defeats the purpose of having a narrower walkway on the east side, and a wider walkway on the west side. We want the bicyclists to be on the west! Not on the east! So if we ... provide a full connection, we will defeat that purpose! Botchway: So going back to Rick's comments, you're saying we can defer that ... point? Fosse: The sidewalk discussion, yes. Botchway: But the grading (both talking) Fosse: ...do need to make a decision on the trail on the west side of the road, which you've reflected up there. Hayek: So I think the answer is yes. Botchway: Yes, okay (both talking) Hayek: ... we ... we .... we can live to discuss this another day (several talking) um ... what we do have to decide on is the west side trail, which that ... redo, uh, incorporates. That's how I understand it! Fosse: That's correct. Throgmorton: Yeah, and we're good to go on it. Dickens: Yep. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 27 Botchway: And I would ... I would like to defer, at least to ... I guess since there's so much difference, I kind of want some more time to think about, from the east side standpoint... from Mayflower up to B'Jaysville. Hayek: Will we get more information between now and the next decision point? Uh, that ... that would help this Council decide that issue? Fosse: I think that would be necessary to advance the issue, so that you can ... you have better tools to make that decision. So we're ... we're gonna need to look at, um, and you're talking north of the Cliffs... Apartments now, right? (several responding) Okay. So we'll look at...at the cross - sections in there and see if we can define more clearly what those impacts are. Throgmorton: One question I would like answered, if you can do it, is uh ... uh, what effect the two options would have for property owners and as Joe Coulter has described in terms of his garage and all that kind of stuff, what effects, uh, there would be on that pa ... particular piece of property, if we chose to put a six foot sidewalk up, or even to grade, for the potential... construction of a sidewalk, what the effects of that would be on ... on the proper parts of his property that he cares so much about, versus not having a sidewalk and not doing any grading. I ... I'd like to know what the difference (both talking) Hayek: (mumbled) Yeah! Fosse: Okay, that's what we can look into. Botchway: And for me a cost analysis as far as, you know, obviously either ... not doing it, or doing it later. Doing it ... 20 years down the road. Fosse: Okay. That's a little harder. (laughter) Botchway: That's why I gave you some more time! (laughter) Hayek: Just calculate out 18 1/2 years. That's (laughter and several talking) Payne: You could compare it to something that we've done recently where we had to put sidewalk in and it wasn't anticipated there, you know? It, you know, we say ... we saved ... X number of dollars then but it cost us this much now. Fosse: Uh huh. Payne: I think it's kind of a good comparison to see. Fosse: Okay! We'll see what we can do in that regard. (several responding) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 28 Hayek: You know I ... I think this Council's ready to vote on ... on what's up on the screen. Um, but ... but this sidewalk issue, as with some of the other issues that ... that came up, including but not limited to, what it looks like between Park and Brown on the east side, with that very steep slope, including um ... you know, what kind of retaining wall, uh ... landscape do we see, um, I mean there are a number of things that we've ... that have come up that I ... that I sense this Council, and I'm sure the community, has concerns about that we just don't have enough information about to ... to make decisions on this evening, and so... Mims: And that we don't need to because (both talking) Hayek: And that we don't need... exactly! And that we don't need to decide this evening, but these are the sorts of things that will come back for round three of decisions. You know, round one was elevation; round two is today; and round three is this grab bag of other things. Fosse: Uh huh. Hayek: Um, I think that'll.... squash some of the concern out there, um, at least for now, and ... and certainly up here help us, uh, make the decision tonight and know what's down the road. Pardon the pun! Fosse: Okay! (several talking) Botchway: I did have a quick question for Rick. I know we talked... everybody kind of came up and talked about the promenade. Um, and I'm not moving from my right turn lane, uh, standpoint, but is there anything ... or yet! Is there anything from the bridge we could have some type of jutting out to provide that effect of looking across the river, looking at fireworks. I ... I don't know if we can ... I know that we're talking about the design concepts, but I didn't know if we had to discuss that tonight about adding ... I don't know, I wish we had like a little etch -n- sketch I could show everybody, but um, just kind of jutting out a little bit more on each of the different, uh, sides of the bridge in order to ... I'm kind of thinking more of a city aspect where you have kind of an open area, where you have the sidewalk but you have that open area where a lot of people could congregate, use some type of telescope type feature to look down into Iowa City or look at the river, whatever the case may be, can ... do we have to discuss that tonight? Fosse: That will come with our discussion of the aesthetic features. Botchway: Okay. Fosse: And ... and we are looking at those options. We do have `em, bump -outs on bridges that we've built over the Iowa River power dam, uh, Summit Street and McCollister, and those ... those do prove to be popular. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 29 Botchway: Okay. Hayek: Yeah, Kingsley raises a good point and ... and this promenade concept, you know, just ... just came out and, you know, I don't think this causes Council to want to give up the right -hand turning lane, but uh, you know, maybe that's a feature or something comparable that gets worked into the design stage that we can look at, um, and we still have the west side trail placement issue, whether to keep it up along the road at grade to prevent ... to keep it open during flood events or to let it meander more at a lower level through the parkway as you go north. These are the sorts of things, and the ... the safety, uh, the crossing at...at Mayflower, which our UISG rep raised, as ... as a concern, but these are all things that we'll still have to deal with. But we're not deciding this evening! Okay. Fosse: Thank you. Hayek: Thanks, Rick! Any further discussion by Council on what's up there? Throgmorton: Yeah, I want to say something I guess. Hayek: Yeah! Throgmorton: Um, I know we did a lot of (mumbled) give and take during our work session discussion, so I intend to vote for this, but I want to say something on behalf of the promenade and a few other features. So, Miss CrossLea and Sarah Clark and Dan Cummins and all made ... all made points that I totally agree with, uh, especially the promenade, uh, and as I said during the work session, no city ever becomes great by trying to achieve a level of service A on its major roadways. That's not a great ambition for a great city. Cities become great by creating places full of beauty and opportunity that attract people to them. So, instead of choosing design elements that prioritize the flow of traffic, I think we should be ... we should be choosing elements that give priority to enhancing the quality of the public realm, and make people feel fully alive when they're there. So, in that regard, I ... I want to tell you a very brief story about five years ago I was walking along the ... the sidewalk on the west side of Dubuque, just north of Park Road bridge, in the evening, somewhere around 10:00 on July 4th' and as I was walking along, I saw the fireworks coming up over the city. (makes noises) It was gorgeous! Absolutely gorgeous! You can't do that ordinarily without having some way of doing it, you know, instead of just a sidewalk. So the promenade idea, when I first heard it and saw Jen, uh, Jen's email about it, I thought, "Wow, what a great idea!" (banging on table) So, okay, so maybe we're not going to actually do it, but ... uh, where are you, Rick, but you can begin thinking about ways to move in that direction, at least, and I think ... I think there's some space there where we could do some stuff. Hayek: I ... I would say that, uh, I ... I don't think we have a binary situation where you... you're either for vehicular traffic and against the... the... the residents or the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 30 aesthetics or ... or vice versa. I think this process has been deliberative, and I think the ... the ... I think these changes that you see up there in red, um, reflect, uh, us, you know, a ... a balance, and ... and that's why I'm comfortable with this. Um, and there are many design issues, uh, that remain to be decided, and I look forward to that discussion, but I can support this. Mims: Yeah I think ... I think with the balance that we've done with reducing the lanes as we get south, uh, pushing north where we're going to go from 35 to 25, um, you know, we've done some things there to help decrease that horizontal footprint. Um, I don't think anybody up here has, uh, dismissed the promenade idea. I think it came in late. I think it's an exciting option. I think anything that we can do, anywhere along the river, to make it more, um, attractive for people. Make it more accessible for people, whether it's there along the park, whether it's down, um, in Riverfront Crossings later on, etc., um, I think we all want to work on doing that and making that much more, um, an integral part of the community. So I look forward to, you know, opportunities to look at that as we move forward. Hayek: Further discussion? Roll call, please. Passes 7 -0. Karr: Motion to accept correspondence. Payne: So moved. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. Karr: And, Mr. Mayor, if Miss Clark would like to submit the email she read into the record, then I can accept them as part of this correspondence. Mims: Motion to accept correspondence. Karr: I have that! (several talking) Hayek: Covered! (laughter and several talking) All right, let's move on here. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 31 ITEM 9. ENTERTAINMENT VENUE EXCEPTION TO THE UNDER 21 ORDINANCE - ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO CLARIFY THE REQUIREMENTS FOR ISSUANCE OF ALL EXCEPTION CERTIFICATES; AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS OF WORDS AND TERMS TO CLARIFY THE DEFINITION OF A "PERFORMER" UNDER THE ORDINANCE. (SECOND CONSIDERATION) Hayek: This is second consideration and we have a request for expedited action. Mims: I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Payne: Se ... second. Hayek: Moved by Mims, seconded by Payne. Discussion? You, sir? Temple: Again, I was here last, er, yeah, it was last week, at the last meeting, uh, again, my name is Brad Temple. I represent the Summit, uh, in Iowa City, 10 S. Clinton Street. Uh, I just wanted to say good evening. Thank you all for listening to what I have to say tonight. Um, I wanted to further address some comments, uh, from last week's City Council meeting and also asking ... ask a few questions again. Uh, last meeting I asked you guys two questions, uh, the first was how many applicant... applications are currently pending for an entertainment exemption license. Um, I did get an answer back on that, uh, with the answer of two. Uh, currently the Summit and the Blue Moose have pending entertainment exemption licenses. Uh, my second question was who is in charge of tracking the shows, making sure the shows meet requirements by the ordinance, uh, and all of the (mumbled) factors in the ordinance. Uh, this que ... this question still remains... still remains unanswered, and I don't have an answer to that question. Uh, when we submitted our application for the exemption, uh, for the exemption, we did so with the City, uh, in good faith. According to the criteria, uh, to obtain an entertainment license we were qualified. Uh, we passed building inspection and I asked ... I answered all ... all questions asked by the Police, uh, that they wanted to know for fur ... for their clarification. Uh, now the City is unnecessarily delaying approval in order to change the langue of the ordinance specifically to prevent the Summit from obtaining approval. Uh, after purchasing the Summit in the summer of 2012, my business partner and I opened... opened the Summit with dueling pianos on Friday and Saturday night, upstairs. Uh, we also had comedy night on Thursday nights, and karaoke on Tuesday. We hired a gentleman from Arizona, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 32 who we moved to Iowa City, uh, to hire a second pianist and train them for the dueling piano show. Uh, we quickly found out after two months that not having minors after 10:00 P.M. made dueling pianos... dueling pianos unable to maintain a crowd after 10:00 P.M. Urn ... the same happened with comedy night. Uh, there were many students who had commented that they had classes until 8:00 P.M., 9:00 P.M., or even 10:00 P.M. at night. So to accommodate them we would need to be able to start, uh, start at a later time. Uh, having the ... having certain people leave at 10:00 P.M., uh, made this ... made this not be able to happen. Uh, furthermore I would like to point out, uh, that our plan was consistent with the current exemption stipulations. Uh, other exempt bars in town are using loopholes, uh, to get around the ordinance... currently. Um, part of the amendment you are planning on voting on tonight makes it even easier for these people to get through these loopholes. Um, I would also like to bring ... bring a couple things to the City Council's attention, uh, regarding Summit, uh, my PAULA rat ... my PAULA rating is significantly lower than other bars that have been granted the exemption, and also lower than bars with the 50% food exemption. All of this, and I have had more bar checks by the City Police and the University of Iowa Police than the Union, who had just recently got the entertainment exemption and all other exempt bars in this town. I still have today have only had ... have one confirmed violation with the State, while Mr. Goers is still stating that I have two. Uh, I would also like to point out that Blue Moose also, like I said earlier, has an exemption pending. Uh, Blue Moose in this time is currently running as a 19 -year and over exempt bar, without a license, or the exemption permit. Um ... they've been doing shows after 10:00 P.M., as 19 -plus, and they have exempt shows for 19 -plus planned this weekend, uh, with nor ... no formal permission from the City and no exemption from the City. Uh, Union has done a total of four exempt shows since being granted the exemption, uh ... their exemption is up for renewal in August. Uh, from when they got the exemption, until ... until that time in August, they must do roughly 75 shows to maintain the criteria, uh, noted by the City Clerk's office, uh, in the paperwork to apply for the exemption. Uh, roughly around six months. Uh, this number is grossly unattainable, with three summer months, uh, upcoming, and a poor showing of faith the first month, only performing four exempt shows. Uh, I... in these four... four shows, uh, I would also like to point out that they've had to find loopholes to actually perf...perform the shows in the first place. Um ... the ... the one loophole that I would point out was the first show they ever had, or excuse me, the second show they ever had, um, when they brought in a show from Chicago that was a D.J. and a person dressed up in a Snuffaluffagus mascot outfit with a drumstick, beating on a drum, and that is what made it live music. Um, last I would like to point out the Airliner. While I love the Airliner's pizza, love their service, Jim's always been nice to me, I have no issues with the Airliner, uh, other than the ex ...the exemption. Um, I am unsure why selling 50% of food allows you to have minors in a bar after 10:00 P.M. Um, the kitchen closes at the Airliner at 10:00 P.M. or before. It's not ... they're not coming there to eat. Uh, they have no dance floor. They're not coming there to dance. Uh, I have more pool tables, dart boards, arcade games than ... than the Airliner has. Um, so they're obviously not This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 33 coming there for that. Uh, I'm just not sure why 19- year -old or 20...20 - year -old would go somewhere they have nothing to do (noises on mic) yet Airliner seems to be one of the busiest bars because of the exemption. Uh, I am pretty sure if you told the same group of people that are going there on a Friday or Saturday night to meet you at Walmart at 10:00 P.M., you'd be standing alone with more T.Ws and video games. Uh, after checking... checking it seems that, excuse me, I'm sorry. Hayek: You're coming up on your five minutes. You're going to need to wrap it up, sir. Temple: (mumbled) I'm almost done here. Uh, it doesn't seem... basically what I'm trying to get to a point to is it doesn't seem that there's a system in place to monitor this ordinance. Uh, there has obviously been ample time to figure this out since the conception of the ordinance, um, and Er ... Assistant Attorney Eric Goers is being quoted as saying that, uh, the City is depending on other bar owners to report violators. Uh, I ... I don't see this as the correct action avenue. Uh ... the change that you are voting on tonight also will attempt to punish someone for five years for having two minor violations, yet it only will revoke a license for up to one year for people that already have the exemption. So there's two different penalties in what you're going to be voting on tonight. Um... so tonight I would like to ask these questions. Hayek: Sir, you're... you're up on your five minutes. So we really need you to ... end your comments, and we have to be consistent with everyone who comes before us. Temple: Okay. Who is responsible for checking and maintaining exempt bars? Again, uh, in the agen ... agenda, on the last sentence of Item 9, uh, it has said staff is asking for expedited action, but that is not asked for in any other items tonight. Uh, I would like to know why that is. Uh, why can Blue Moose operate without an exemption? Um ... if this vote is not to intentionally make Summit not qualify for the exemption, why can we not postpone it, or defer it, until a later date? Um... finally like I said I would ask you to defer, uh, this vote tonight until further discussion to make sure all language is correct and fair in the amendments and the ...in the ordinances in the future. Uh, it seems to me at this point right now the ordinance is so convoluted that it's allowing the City while not ... by either choosing intentionally or unintentionally to pick winners and losers, like I said... also said last City Council meeting. Hayek: Thank you for your comments. Anyone else from the audience? Council discussion. Roll call, please. Botchway: Actually... sorry! Mims: This is on collapsing the vote. Botchway: Oh, okay, good. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 34 Mims: I move that the ordinance be finally adopted at this time. Payne: Second. Hayek: Pass and adopt moved by Mims, seconded by Payne. Discussion? Botchway: I guess that's where I'm going to interject. I ... I ... I guess I would like to hear, I don't know whether or not he can enter in the questions, um ... but I'd like to (coughing, unable to hear speaker) I mean, those are ... those are pretty good questions. One of the questions is the ... I'm not sure whether or not it's true or not, the Blue Moose Tap House being open for 19 years old, 19 and ... or, yeah, 19 and up. Dilkes: Uh, the Blue ... when, uh, his lawyer made the request to us to give him a list of everyone that had, uh, an exemption, and... or an entertainment venue, uh, exception, and how long it had taken us to grant those. When Marian was going through her paperwork, um, she discovered that the Blue Moon had applied when they made their license application, but they had not spec ... it had not specifically been acted on. Um, it's now been acted on. It was just a continuation of an exception that they'd had before. So... Botchway: That was my main question. But ... um, I think, you know, the point about how we're, uh ... how we are, I'm sorry, just taking a while to... Hayek: Take your time! Take your time! (laughter) Botchway: Getting' late! How we are, uh, you know, policing, I think we're ... we've already moved to work session, is that... Dilkes: No, I ... I can, I think, I mean ... Eric attempted to answer that in the memo that he gave you, where he says ... and you can actually look at the ordinance requirements. The ordinance includes requirements that the venue provide the Chief of Police or designee reports of all show dates at least seven days in advance, as well as quarterly reports detailing all shows. You know, I would agree with the speaker that the, um, enforcement and the monitoring of these entertainment venues is incredibly time - consuming. Um ... Eric probably spends, I mean, an incredible amount of time taking complaints from bars about other bars. Um, we make a big attempt to evaluate the language of the ordinance when we get an application and make a decision about whether that, um, the criteria in the ordinance have been met. If we believe they've been met, we grant the exception. Now in the case of someone like the Union, I know there was some discussion about that. They met all the requirements when they applied. If they do not maintain their PAULA rate at .25 or lower, that will be revoked, um, and this is a constant ... it's a constant monitoring process that the Police has to go through. That's a Police Department function. They look to my office for advice This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 35 when they have questions. Um ... I think we've tried really hard not to play favorites, but to stick to the language of the ordinance, but it is different... difficult because every time we write one of these ordinances to police some of these establishments, they come up with creative ways to get around the criteria, which is why we're always having to tweak the criteria. The speaker has given you one other example of how they're being creative. We have a position ... a provision of the ordinance that says you will be revoked if you have two sales to minors within the last five years. The Summit has two sales to minors in the last five years, and their lawyer is making the argument that because it's in the revocation section and not in the original qualification section, that they should get their permit... and then we should have to turn around and revoke it ... which is an unreasonable result. Hayek: You know, Kingsley, I think some context might help, uh, you and ... and others on this. We have an entertainment exemption, uh, because the Council as a policy decision several years ago following adoption of the 21 -only ordinance, um, decided, uh, to ... to carve out an exception for places that offer live entertainment, and we did so as an accommodation to, uh, the bar scene, um, really the live music scene primarily, but also the entertainment scene. So comedians and that... that sort of thing. Um, they came to us and said, listen, this 21- ordinance, we ...we may or may not like it, but we ... what we don't want to see happen is ... is for it to squelch live entertainment. It's a great outlet for young people. It's great for our economy. It's good for downtown, etc. And ... and the Council concurred with that and said, you know what, if... if, because we don't typically have problems associated with underage drinking, at the places where live music is offered. It's just a different kind of environment. Um, and we, at the time, said we do have interest in... in carving that out, um, to allow for live music, live entertainment, and encourage young people to go to those, uh, kind of events, and so that's what the Council did, and ... and, uh, it does create a headache for staff, um, I think you're hearing that tonight and we've heard that before, because it's... it requires more policing and that sort of thing. One option would be to get rid of it all together! And ... and stick with our guns on 21, not have an exemption for live music or other live entertainment. Um, and avoid the situation in the first place. I suspect the live ... the live entertainment venues in town would not be happy with that. I don't know! But it certainly would avoid the kind of hand - wringing, uh, we see and ... and the complaining, but this ... this very exception was ... was intended to mitigate the impact of 21 on live entertainment venues, because we recognize that as a positive outlet for young people and ... and generally good for downtown. Part of our arts and culture, if you will, so... Mims: And what has happened since then is the venues that were not doing really any live entertainment at the time wanted a way to keep the underage people in there, um, and so they have gone to trying to meet the standards of this exception. And I think given, um, Eric's memo, and obviously the comments tonight by the City Attorney, I think as a Council we are going to have to review this periodically and This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 36 decide, you know, if it is worth the time and hassle, uh, for our staff, or do we at some point decide that, uh, we want to revoke it. Hayek: So ... anyway! Dobyns: I ... I want to affirm that as well. Is that this is an opportunity, I mean, like the speaker said, um, some of the bad players can ruin this for everybody. Mims: Yep! Dobyns: Um, there are a lot of people in this community who think Council has backed away and significantly weakened the original, uh, 21- ordinance, um, and I for one would revoke it if this sort of behavior continues. And that would be a problem for everybody. I hope that doesn't happen. Hayek: Further discussion? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 37 ITEM 10. LOWER WEST BRANCH ROAD SPEED LIMIT - ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS ". (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? John! Yapp: Uh, this is an unusual request for us, in that we had several requests from the, uh, Lower West Branch Road area east of Scott Boulevard to raise the speed limit from 25 to 35 miles -an -hour. Uh, a similar increase in the speed limit was done on Court Street, about seven years ago, also increasing from 25 to 35 miles -per- hour, and I think the people who live there see that and Lower West Branch Road is a, uh, is a similarly designed, uh, street. Uh, staff contacted other City departments and conducted a speed study, uh, to determine if 35- miles - per -hour would be appropriate, and we found that the 85th percentile speed is, uh, currently about 42- miles - per -hour with the 25- mile - per -hour speed limit. Uh, one thing not in the memo that I'd like to mention is, uh ... studies nationally have found that increasing a speed limit, uh, creates little to no change in the actual speed of traffic, if the other conditions of the road stay the same. Be glad to take any questions. Payne: So we've talked a lot about speed limits and design speeds of late. Yapp: Yes. Payne: What is the design speed of this section of the road? Yapp: I can't answer that without looking that up. Typically it's five miles an hour over the speed limit, but I would have to look up the construction plans to determine that. Payne: So if we raise it to 35 and people are typically driving 42, they're over the design speed. Yapp: If the design speed was five miles an hour over the... Payne: Oh! Yapp: ... yes. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 38 Payne: Okay! Yapp: We also look at collision history. Uh, and there is, uh, virtually no collision history on Lower West Branch Road, indicating that the speed of traffic is safe. Dickens: It could be Father Rudy at St. Pat's... chastises people if they're late for mass. So I think a lot of people are traveling faster on that road. (laughter) Payne: Well I find (both talking) Dickens: Just from personal experience! (laughter) Payne: I mean, the speed limit in most of Iowa City is 25, and people don't drive 25. Throgmorton: 32. Payne: (laughing) Yeah, exactly! Throgmorton: It's true! (several responding) Payne: So... Throgmorton: So 35's 42! Mims: Right, but they're going 42 now (several talking) as opposed to 25! (laughs) It's a fairly wide, straight section of road with very little cross traffic or very few driveways, etc. So if...if staffs comfortable with it, I'm comfortable. Hayek: So let's ... let's, before we get into much deliberation, are there people in the audience who would like to address us on this? Okay. Okay, so ... back to us! Mims: No, I'm done. Go ahead! Throgmorton: No, if you design a roadway to accommodate higher speed traffic, that's what the drivers will do. I think the speed limit should be 25! Uh, especially go ... going, um, up to the park. I've forgotten the name of the park, uh, in front of St. Pat's. The one that hasn't been fully developed (several responding) Miller Fran ... yeah. Uh, I ... I, beyond that to the east ... well, maybe 35. But not on this side. That's what I would think. Um, but it...it just shows the importance of the roadway design. It determines how fast people are going to drive. I, but we should also note that we got several, I don't know... emails or letters or whatever the (mumbled) in the ... the late handout where ... in which people oppose changing the speed limit, and I think they're residents who live either a ... along Lower West Branch or very close to it, I'm not sure which. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 39 Hayek: You know, the ... we have... this... this stemmed from multiple requests in the area and resulted in a staff recommendation to take this action. We have, you know, some ... I don't know how many, that came very late today, um, messages of opposition. So it's probably fair ... fairly mixed. Um, I guess what we have, from my perspective, is a staff recommendation, and I'm not seeing a real compelling reason not to go with it. I don't feel real strongly about this. Payne: I think I agree with Jim on ... 25 up to the park and 35 in the country. So ... I think I'm going to vote no. Throgmorton: We can (both talking) Hayek: It's first consideration so we can look at this further (both talking) Throgmorton: Yeah, and we couldn't... either tonight or two weeks from now make a motion to amend, correct? Or do we ... or does it have to be done the first night? Mims: If it substantially changes it, we have to start over, right? Hayek: No, if...we've got to get four votes to get past first consideration. Dilkes: Right. Hayek: We could kill it all together with four no's. Throgmorton: Yeah, true! Okay. Hayek: I'm going to vote yes, uh, but then look at this a little more closely, for the second consideration. Any other discussion? Roll call. First consideration passes 5 -2, Throgmorton and Payne in the negative. Karr: Motion to accept correspondence. Payne: So moved. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? All those in favor say aye. Opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 40 ITEM 11. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Hayek: Uh, several to mention. Uh, we are forming an Ad Hoc Senior Services Committee and at our, uh, work session the Council determined to, um, appoint Rick Dobyns from the Council to that, and in addition, uh, Jay Honohan, Rick Weber, Mr. Joe Younker, Mercedes Bern-Klug, Jane Dorman, and Alan Cannon. And I think I will, uh, assuming this ... this slate passes, I will, uh, also be asking Mr. Younker to consider chairing. Um, and then also, uh, to the Library Board of Trustees, uh, where there is one vacancy, David Hamilton. And to the Telecommunications Commission, two vacancies, uh, and we're going to reappoint Nicholas Kilberg and Alexa Homewood. Is there a motion? Payne: Move the, uh, appointments as stated. Mims: Second. Hayek: Moved by Payne, seconded by Mims. Discussion? We have a member from the audience. Miss Gravitt. Gravitt: This is public discussion? Okay. My name is Mary Gravitt, and I live in Towncrest. And I'm here about ... I, congratulations to the members of the committee. But I'm urging everybody on the committee to read the City Code and to read the City Charter. Our building is three votes short of getting shut down, because we know one person has ... one Council person has their mind made up. And it... and the way the City Council works, four to... four to three, three rounds, and it's up. We know the senior program can be attacked because the federal government is doing that. But the City owns the building. Now the City needs the Center, the Senior Center more than the people that attend it need it because the Moen building, the one he's building down there that's 20 -story monster he has ... down there promised. He's going to bring some rich, old folks to this town. And one qualification for bringing those folks to retire in this town is a senior center. Now that's like law. You need the Senior Center! Now, we... we, I don't want what happened to SEATS to happen to the Senior Center, cause some of these people, older people have been sittin' here since 5:00 and I feel that we've been disrespected because everything you talked about on Council, you talked about last year and the la ... and the year before. And we're not givin' up! So that people have to realize we're three votes from losing our home, and it's about community. Every time we're making progress, we're losing community. You can't go to the bathroom on the second floor of the Library, but they've got a new section they built on, because it's not handicap- accessible, and I'm so tired of arguing about that. But, the problem is that we want to be respected, we want our own space. We don't want to be down the Rec Center! Older people and younger people, we have nothing in common. We've got a TV station. We've got two gyms. Advertise what's good about the building, and define what that This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 41 term diversity means. Diversity now is a throw away word! And if you're weak and you're fragile, do something about SEATS. Give `em some free SEATS buses to come downtown. Make sure the Visitin' Nurse service visit. We got our own problems, but ... the building is what's at stake, and that's what this war is about. And it's war! It's like a ... it's like class warfare! We're the older class so we don't deserve our building. It's centrally located. Public transportation comes to it. And that's what you need if you want all this fancy stuff that you're talking about people gonna come here for! You need that building where it is, for the purpose it has been intended for. You only paid a dollar for it from the federal government. Maybe I don't care how many millions you spent to fix it up. But we're citizens too, and one more thing too, don't ... don't put us at the end of the agenda! And you got to remember, the polls open at 7:00 A.M. and they close at 9:00. So we're no fools, and we vote. Thank you! Hayek: Thank you for your comments. Anyone else from the audience? Mehrl: Pardon me, this is my very first City Council meeting. And uh ... I'm not quite sure ... I'm going to put my name down here. I'm Mary Mehrl. I live at 319 E. Washington, about a block and a half from here. Hey, I just turned 50! Really excited! I got to use the Senior Center for the first time back in September, and I gotta tell you, it is quite a place! Let me tell you, I'm no expert, and I've never spoken in front of you guys before or anything, but let me give you a few facts a Dr. Milner said. Seven out of $10 that are disposal income will ... are in the 50- plus senior, oh I'm just awful at this but ... by the year 2017, seven out of $10 of disposable income will be in the hands of seniors, 50 -plus, in the United States. Um, one million people turn 65 years a week ... years old every week in the United States, half the population will be 50 or plus by 2017, and he said we have a model Senior Center. Hey, people, don't screw it up! It's good! If it's not gettin' enough use, let's advertise it. Let's get these people in here! You want `em to move into these homes, you want that money coming in here. So do we. Thank you! Hayek: Thank you for your comments. Okay, Council discussion? Again, we're voting to appoint these members to these commissions. All those in favor say aye. Opposed say nay. Motion carries 7 -0. Also want to announce for the, uh, viewing audience there is a vacancy on the Airport Commission. Uh, two vacancies on the Airport Zoning Board of Adjustment. One vacancy on the Board of Appeals. One vacancy on the Historic Preservation Commission for a representative from Jefferson Street, and we encourage people to apply for those spots. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 42 ITEM 13. CITY COUNCIL INFORMATION. Hayek: Kingsley, why don't we start down on your end. Botchway: Oh, man, I was not prepared! (laughter) Um, again, just talking about the, uh, Ceiling Day, April 25th, um, at the County Courthouse. Basically, uh, you know, from the movies and other things, you think that once you become 18 you don't get your, uh, juvenile record ... or, once you became 18 you think that you get your juvenile record sealed. Unfortunately that's not the case in Iowa. Um, so the eligibility requirements are you must be 18 or older, two years have passed since your probation ended, no other convictions of felony, aggravated or a serious misdemeanor, and charges have to occur in Johnson County. If you want more information, you can talk to me or, um, go to www.ceilingday.com. Throgmorton: I'll mention one brief thing. Kingsley and I participated in a focus group discussion concerning the Library, uh, what, last week sometime, I don't remember the exact date, along with Regenia Bailey, Bob Elliott, Bill Ambrose, and Dee Vanderhoef, and ... and there was pretty fascinating conversation, hearing how, I mean, Bill Ambrose ... (several talking) Ambrisco, sorry, I knew I was wrong when I said that, Bill Ambrisco is a person who I replaced in 1993 when I got elected back then, so it was really fun listening to Bill talk and hear his perspective about the Library, and then Mike Wright was there, too, as well. So, there was all this continuity over a period of...um, well over 25 years, I guess, cause Bill dates back to 86 or something like that. Anyhow, it was fun to be involved in. Mims: Uh, just remind people that Mission Creek is going on. Mission Creek Festival — all kinds of music and literary and other events, uh, check it out at www.Missionfreak.com. Started today and goes through April 6! Dickens: Top Chef was last night, uh, Susan and I overindulged in some great, uh... Mims: Great food! Dickens: ... great food and uh... it... it's a great event, and you see what kind of talent we have in this city as far as food and ... and it's ... it's just a great event. It just keeps growing every year and if you can get it... it was out... sold out again (both talking) Mims: ... sold out again. Dickens: In fact, uh, the head of the Downtown District forgot to get his tickets so he had to sit out and take tickets at the front door (laughter) So it's ... it's a great event and it fills up fast, so look for it next year. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 43 Mims: Yep! Payne: I wanted to inform everyone that April is Safe Digging Month. Anyone who plans to do any type of excavation, such as planting a tree, ex ... installing a fence or patio or even replacing a mailbox needs to call 811 at least 48 hours before starting your project. How do you know what is below? Call 811 before you dig. Hayek: Nothing. I don't have anything either. Ma'am, we've moved past community comment. Mitchell: I just wanted to thank you. May I offer that please? (several responding) May I offer a thanks? Thank you. On behalf of the commission, thank you. Um, I am Kathy Mitchell. I am a member of the Senior Commission, and I am also the Chair of our Steering Council. I just wanted to thank you for this process. You had 21 applications, probably the most you've ever had for any committee that's come forward, and I wanted to thank you for the consideration and the time that you took, and how much the commission is looking forward to working with you. So thank you very much. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014. Page 44 ITEM 14. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. Hayek: City Manager? Markus: The Chief is here, uh, this evening and I think he has an announcement for us. Hargadine: (laughter) Markus: Where were you last weekend? Certification (laughter and several talking) This was all staged (several talking and laughing) Notice the drama! (several talking) Hargadine: I did, uh, travel with a... a couple of my sergeants to Orange County, California, where we received our fifth re- accreditation, uh, through the CALEA organization. Markus: At what level? Tell `em about the levels. Hargadine: Full ... full accreditation. They have a couple of different standards. Um, I think there's one that's about 180 different standards that you have to meet. We have, ours is like 385 standards, and urn ... uh, we ... we consistently meet that, um, level at a, like about 98 %, 99% compliance rate and urn ... I don't ... it was, uh, it's never an easy process. We were inspected back in December and each team that comes in finds things that the previous team, you know, doesn't even think of, and so um, it's just a ... a procedure I think that makes us a better department, uh, helps us serve better, and uh, I'm proud of the organization. (several responding) Hayek: Nice work! Any ... anybody else you want to ... throw under the bus? (laughter) Markus: I don't see anybody else (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of April 1, 2014.