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HomeMy WebLinkAbout2014-07-15 TranscriptionPage 1 ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Hayek: Item 2 is ... bear with us, we need to remove some things from the Consent Calendar and, uh, Mr. Throgmorton's going to lead us through that. Throgmorton: There you go! I ... I move approval of the resolution excluding Items 2d(4), 2d(8), 2d(9), and 2d(10). Dobyns: Second. Hayek: Okay, moved by Throgmorton, seconded by Dobyns. Discussion? So, uh, those items, uh, will be removed, um, which is, uh, which only takes one Councilor to accomplish, and we'll take those up, uh, separate from our consideration of the balance of Item 2. Now we're under the discussion portion of Item 2. I know there's at least one individual who wants to address the Council regarding one of the items, specifically 2d(1) and so I'd invite you forward at this time. Karr: We have a motion on the floor to adopt a (several talking off mic) 2d. Resolutions and Motions: ITEM 2d(1) AMEND DOWNTOWN URBAN RENEWAL AREA PLAN - RESOLUTION DETERMINING THE NECESSITY OF AND SETTING DATES OF A CONSULTATION (JULY 25, 2014) AND PUBLIC HEARING (AUGUST 19, 2014) ON A PROPOSED AMENDMENT NO. 12 TO THE CITY - UNIVERSITY PROJECT I URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA Cole: My name is Rockne Cole. I reside at 1607 E. Court Street. Um, I'm here on behalf as Co -Chair of the Iowa Coalition Against the Shadow. I would briefly like to mention i... item agenda 2d(l) which includes the expansion of the TIF district, um, which will be the necessary first step to authorize funding for The Chauncey. Make it very brief. Um, that ... last fall this Council cut two positions from the Iowa City Public Housing Authority that were directly entrusted, uh, with providing affordable housing for the members of our community. During that time, the Director of the Iowa City Public Housing Authority, Doug Boothroy, indicated it was a very tough budget and therefore they were forced to do that. It's precisely because of that budget shortfall that this ... that this Council should not fund and should not authorize. We've just learned that essentially the ch... The Chauncey, um, will have essentially five affordable housing units that the Iowa City Public Housing Authority has agreed to purchase as part of The Chauncey's funding authority for $1 million for five units. Um, given the fact that there ... we are essentially in this budget crises. This Council should not participate in any aspect of the funding for The Chauncey when we're talking about affordable housing units at essentially an average of $200,000 per unit. That is a waste of public tax dollars and that this Council should not make those sorts of reckless funding choices, and that's directly related to its decision to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 2 authorize TIF funding. For ... for those reasons we'd ask the Council not to expand the TIF district until it gets its fiscal house in order. Thank you very much. Hayek: Thank you for your comments. Lyon: My name is Lauren Lyon. I'm the Rector of the Priest in Charge at Trinity Episcopal Church, 320 E. College Street. I'm speaking to Item 2d(1). Cities frequently attempt to derive their identity and define their accomplishments narrowly through the avenues of government and commerce. Anyone or anything that does not fit readily and function optimally within the competitive marketplace is all too easily ignored, discounted, or forgotten when various aspects of a city's life are under consideration. Active communities of faith and the sacred spaces with which they identify exist and do their work primarily outside the marketplace. For some they function as a respite from it. They inspire the hearts, restore the spirits, and engage the minds of those who live in the cities where they are located. They care for those who are excluded or left behind by the marketplace, and whose needs are outside the scope of government's expertise or will to act. In urban areas particularly the buildings of faith communities enhance streetscape, impart a unique sense of place, and in many cases, serve as reminders of a town's earlier years when its citizens' aspirations and sense of purpose, beyond the ordinary, were reflected in bricks and mortar, even as they were realized through imagination, hard work, and ingenuity. Government and commerce have the power to make it difficult for a faith community to access what it needs to thrive. They can do so without malice or even intent by turning a blind eye to the reality that a faith community, by definition, does not have the wherewithal to compete in the marketplace, and cannot seek the protection of law or government as secular organizations can. I urge the Council Members as you consider moving forward with plans for The Chauncey to reflect on the less tangible but no less important elements of the quality of life in downtown, those in which faith communities have a particular role. In more familiar terms I ask you ... I ask you to consider that things which may seem trivial, unworthy, or frustratingly intangible, like the quality of light in a sacred space, worries about traffic on Sunday morning, or sufficient parking space for volunteers or study group members on a week night are the elements on which Trinity's market share and bottom line depend. Thank you. Hayek: Thank you for your comments. Van Horne: My name is Amanda Van Horne. I also wish to speak to Item 2d(1). The item actually asks you to approve the scheduling of a public hearing. And what I'd like to caution you to think about is the small `yeses' that you say, and how they turn into big `yeses.' So a good salesman hands you a pamphlet, and because you take the pamphlet from him, you're more likely to say `yes' when he offers you something bigger to buy from him at a bigger cost. This scheduling item seems small. It's legally the first thing you must do to move forward with The This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 3 Chauncey. I was at the Economic, um, Development Commission yesterday morning, and I heard people express small reservations. You know, "It's not in a great location," you know, "It's kinda big for where it is." Um, "I'm not really sure about this affordable housing thing. It seems small. The RFP called for 30 %, and we have 10 %." I heard people say some of these things and then I heard people say, well, but the staff's worked really hard so ... you know, we should say this little yes cause we'll talk about it again. And then you'll say another little yes to this scheduling item, and another yes when it comes before you for zoning, and then it's going to turn into a big yes. So be careful about the little yeses. This is a 50, 100 -year commitment for the City. Um, 25 years of tax increment financing is a long time, um, for the City to give up revenue for the City to commit to a building with limited environmental, um, changes to support long -term sustainability. Think carefully as you say yes to the little things. Thank you. Hayek: Thank you for your comments. Gravitt: My name is Mary Gravitt. And ... I know we've been arguing about The Chauncey since I don't know when, and people don't want ... first it was 20, not it's down to 15, and it seems like he's gettin' a lot of more upfront money, according to the newspapers. I don't know, but I want to talk about the weather this past winter. Hayek: Well hold on, Miss Gravitt. If...if you're here to talk about Item 2... Gravitt: Uh huh. Hayek: ...which would include the Item 2d(1) that was just mentioned by the previous speakers, that's okay. If you're here for community comment... Gravitt: I'm not ... I'm here for community... not on this. I want to say something about The Chauncey, why it's inappropriate right there. Hayek: Okay. Gravitt: Last winter we had some difficult weather. I was on Linn Street, and it's the law office only one story. It cast a shadow on the sidewalk, and the sidewalk was ice. So what kind of...if it casts a shadow and it casts a shadow on Gilbert Street, which is really a highway cause you have a difficult time crossing it, you have to take into consideration we ... we're in this weather change. People say oh, no, no, no! This is just, you know, incidents, but it's too many ... this weather pattern is changing. It's shifting. Global warming doesn't mean places get warm that shouldn't get warm. Means more than that. It means a shift in climate. So think about it before you have that skyscraper leaning over Gilbert Street and casting its shadow. That's what I want. I'll do my public coun ... uh, comment on something else. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 4 Hayek: Thank you for your comments. Anyone else regarding Item 2, the Consent Calendar? Knapp: My name's James Knapp. I live at 528 Rundell Street, Iowa City, Iowa. Um... (mumbled) Hayek: Can you tell me what, uh, item you're addressing on the Consent... Knapp: I'm sorry, I didn't wear my hearing aid. Hayek: Could you tell us which item on the Consent Calendar you are (both talking) Knapp: Oh, I'm talking... about... The Chauncey. Hayek: Okay! Thank you. Knapp: Uh, as you may suspect, I'm here to do what I can to ensure the general citizenry of Iowa City, that pay property taxes and /or rent to landlords, that pay property taxes and know what is at stake with the so- called Chauncey development. At one time I thought the City was bound by the Open Meetings' Law. Evidently the City has misinterpreted the law and has generally disregarded the intent of the law. I was shocked and angered to read last week's Press - Citizen and find out The Chauncey negotiations were being held behind closed doors. I'm sure you have become aware of the letter requesting the records of all back and forth negotiations, meeting minutes, emails, memos that have been passed around various City staff regarding this matter, and my conversations with people in the Des Moines' Register Attorney General's Office. I received access to the necessary tools to compel the City staff to open and forth ... be forthcoming with all information regarding the first seed planted regarding the City's plans over this involved property. I suspected, as in the past, the Moen Group was the first to express interest and they were alerted ... that some group was interested. I also suspect that in order to appear to be legal, the public ... RFPs were mailed out, seeking other interested developers. Again, as in the past, I believe this is merely a formality and order legality... legally involve the Moen Group. The actions become what I define as `sweetheart deals.' There is intention to provide Moen with more funds for building monstrosities that fail to meet many of the original proposals and standards expected of other developers. City Plaza Towers for example was a prime example, consider the following facts that I have obtained. Karin Franklin alerted the Council a couple of developers, when actually it was Marc and Monica Moen wanted ... were interested in the Library parking lot. Monica, who worked with Karin Franklin for 20 years or so. Four RFPs were sent out, even though the interest was clear to me that it was a wired deal from the very beginning. All the developers were present and audit (mumbled) requested to present audited financial statements. The Moens did not, but presented poorly on (clears throat) under five comp... compilations, which were never verified. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 5 When I asked to see them, Marc sued the City of Iowa City to suppress them. However, he lost in court and I was able to get them and surmise that they were practically not worth the paper printed on. The property was appraised several times at a value of $1,750,000. Sold to Marc Moen for $250,000, although he indicated he would pay more, but never did. All of the proceeds from the sale of the land were supposed to go to Community Development Block Grant funding. This cheated the agencies that depend on CDBG funds out of at least $1,500,000. This is especially interesting because one Councilor, Ross Wilburn, worked for an agency dependent upon CDBG funds and Ross was previously excused himself from voting on this type of issue, but ... to appear not prejudice, Ross was the tiebreaker and voted to select Moen. The City did receive an offer for $2 million for the property by another developer. When he did not ask for a TIF to fund the... through the construction. Several of the original ideas presented by Moen... Moen evaporated and he was allowed to build a building at the taxpayers' expense. Most of the condominiums were never sold. I would suspect are being rented, possibly with an option to buy. I hope I've not bored you with the history of the original Moen Group details. What I'm trying ... now is a propensity of the sitting Council and staff to show a high degree of undeserved favoritism in dealing with Moen. If you are interested in further, please buy the book I am writing. I reviewed 1,500 pages of City documents I had to purchase at my own expense, and they're safely stored away. The issue before you tonight is more of a fact - finding venture because behind closed doors statement and the right of every taxpaying citizen to know all that is involved some of which I ask now. How much will the developer pay for these properties involved? Does the developer have the unborrowed cash to pay for the properties and startup costs? If so, did the developer say `if I cannot ... why did the developer say `if I cannot get the TIF, I will not afford to build the project.' What will the cost of this project be when the ... born by the taxpayers? Please state this in an amount of dollars per thousand evaluations of their property. What businesses will be using the property and how many jobs will result? What businesses... will those businesses be new to the area or products and services they provide? Will there be a portion of low -cost housing provided, or will that go up in smoke like the Whiteway Grocery? The other buildings this developer are primarily glass and aluminum, do not provide recognized economic utility usage. Will this building meet ... exceed the codes required? (both talking) Hayek: Mr. Knapp, your (both talking) your five minutes (both talking) Knapp: ...will Moen be able to sue the City to recover the expended funds. Hayek: Mr. Knapp! Your five ... you're over your five minutes. Knapp: I have one more second! One more sentence to say. Hayek: Okay! Okay! (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 6 Knapp: Please! Thank you! Very kind. Can the Council make the government... can the Council make part of the agreement... why other future projects such as River Rock ... Riverwalk is this project being given such a high priority? Will you Members of the City Council of Iowa City stake your offices and success on this proposed development, disallow any variance from a proposal, as God forbid (mumbled) finally accepted. Thank you for your kind attention, and I pray you look into your hearts before you make this become a reality, which is the ... will be the greatest travesty... previously unreached proportions upon Iowa City. Sincerely, James C. Knapp. Thank you. Hayek: Thank you for your comments. Anyone else on ... Item #2, the Consent Calendar? Knight: Uh, put my name on in a minute. Um, I'm Roger Knight. I've came up here a couple times about this ... ugly eye -sore, compared to the other three, or two, he's got. Are we now upset that he's got even buildings, so we're going to give him one more? That's absolutely appalled! You should be ashamed of yourselves. Ashamed! That you are even allowing this to become up for a talk! You should be sitting there going, `Nobody wants this!' Nobody wants a 15, now he's actually listening a little, 15 -story building that is ugly as heck! Nobody wants it in this city! I don't know why ... you guys need to turn up your hearing aids or something. Do what you can to stop it! Nobody likes Moen. He's going to hurt somebody. He's going to kill somebody. I've told you this before! I can't mention a few things. Or I could but ... well, heck, I'm going to do it. There was a fire alarm at one of his buildings. I know this because my old man was a firefighter. He ... he, Mr. Hayek, you probably know who my father is. Now, I'm not saying he's no hero, because (laughs) he's got a lot to hope for in that department, but my dad was in charge of that scene. The fire alarms are to stay on to keep everybody out of trouble. What's Moen do? Turn `em off because they're too noisy! I'm sorry! But people's safety comes first! These buildings are ugly. We're going to put more ... you know, apartments downtown, when we don't even have a Police Department that can handle the problems we have. I can give you so many reasons why not to. You guys shouldn't even be looking at it! I ... I don't know what's going on behind closed doors, but seriously... ashamed is one word you should use to describe yourselves on this deal. Ashamed! You should be ashamed ... you should be disappointed ... you should be appalled. I can give you so many words, and then we're gonna give `em money? We're treatin' the people that need the money for low - income as criminals. I'm sorry! I don't remember making minimum wage as a criminal offense. Just something for you to think about. I'll come up for, uh, more opinions I have later. Hayek: Thank you for the comments. Is there anyone else on ... Consent Calendar, Item 2? Michaud: I'm here to talk about Item 2d, that would be The Chauncey. I am Pam Michaud. I live at 109 S. Johnson. And for the last two and a half years my neighborhood has been besieged by increased density. That density was supposed to go to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 7 Riverfront Crossings. Um, when I moved into 109 S. Johnson 24 years ago, I initiated a petition ... to designate College Green Park and the surrounding area a historic district. It was successful 22 years ago. I live, uh, on College Green Park, two blocks east of the proposed Chauncey project, and the Rec Center. As soon as I, urn ... I've served 11 years ... as a private citizen speaking now because it affects me and my house, and my neighbors, but I have served for 11 years on the Historic Preservation Commission, representing my neighborhood, trying to defend it against intrusions, noise, um ... crime, late -night behavior, those kinds of things. Um ... since the development, um ... of a CB -2 area, I now have an extra... 146 neighbors, including the Clark building on College Green Park. This adds traffic and noise to my neighborhood. Can you imagine how much noise and traffic is going to be added by a high -rise on the already busy College and Gilbert location? That kind of density belongs in an area that was constructed for it. Downtown or in possibly the, uh, Riverfront Crossings. There's no need for 15 stories. Um ... part of the Comprehensive Plan as you well are aware of, that was approved this year, and amended this year, as well as the developer guidelines... and numerous other documents about neighborhood preservation and stap... stability indicate that there should always be a transitional zone between commercial and single - family housing. Mine is a single - family house. There are 16 single - family houses around College Green Park. I'm watching the clock too. But I'm also watching you, because when you encourage children to come up here and be good citizens, remember they're going to grow up. And you grew up into power. All of you grew up into power. Don't encourage children if you don't listen to the adults! There were 80 adults speaking against the TIF two years ago! Eighty different citizens, and you ignored them, almost all of you ignored them. All the preservation awards don't amount to anything if you don't protect the historic districts. If there's no transition, you're not respecting your own Comprehensive Plan. I would suggest that since all the Clark buildings that were built on Gilbert Street are five - stories, that a transitional zone would be no more than a CB -2 height, which is four stories. No more than four! That's my new motto, and I think it's something you can do. You've had good leadership. You've been supportive of historic districts. That's great! You're making new ones. But in the meantime, respect the oldest ones. That would be College Green Park. Um, because if that's not respected, and of course what happens when Longfellow's torn down, Longfellow School? Then you can put up a high -rise there! It's not ... it's not planned, but it could happen in 10 years. So anybody's that in a comfortable distance from downtown should start thinking about this kind of precedent... where transitional don't ... zones are disregarded. Thank you very much for your attention. Hayek: Thank you for your comments. Is there anyone else? Council discussion. Roll call, please. Dilkes: Botchway? Botchway: Oh, what ... sorry! I had some questions. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 8 Hayek: Kingsley, we're taking a vote on Item 2 with the, uh ... Items excluded as per Jim's motion. Botchway: Okay, so just to be clear, I mean, we're going to be talking about this on the 25tH? (several talking) Hayek: The consultation is with the other entities. Throgmorton: Was it the 19th we're having the public hearing, August 19tn? Hayek: There's a public hearing on August 19tH Throgmorton: Yeah, so we're gonna discuss it on the 19th, Kingsley. Botchway: Okay! Sorry! Payne: But what we're voting on is everything else on the Consent Calendar, other than what you removed. Hayek: (mumbled) correct, but what's not removed, in other words, it's included is 2d(1), which sets that hearing on the 19th of August. Payne: Okay! ITEM 2d(4) MOSS RIDGE ROAD - RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MOSS RIDGE ROAD PROJECT. Hayek: Roll call, please. Passes 7 -0. Okay, so we removed, uh, Items 2d(4), (8), (9), and (10). Let's take up item 2d(4). Um, I've heard from staff we, uh, need to entertain a motion to defer that item indefinitely. Throgmorton: So moved. Payne: Second. Hayek: So moved by, uh, Throgmorton, seconded by (several talking) Dilkes: Can we just give you the (several talking) Yeah, Ron Knoche's here to... Hayek: Yeah, so moved by Throgmorton, seconded by Payne. Knoche: Mr. Mayor, Ron Knoche, City Engineer. Um, happy to report that we got great bids on the Moss Ridge Road project. Uh, unfortunately we are not through the, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 9 uh, closing on the Pearson property, um, due to some, uh, language, uh, issues on the storm water management easements. Urn ... we're... we were not able to close on that property. So we're gonna ... that's why the request for deferral of this indefinitely, until we can get that figured out. Hayek: Okay! Knoche: Thank you! Payne: But when you say indefinitely ... I mean, don't we have a limitation on this because of a ... a grant? Dilkes: Right. We don't have a specific date yet because we don't know what's going to happen with the Pearson negotiations, but we do have a time crunch, as the bids are only good for 30 days. So ... we will be back... Payne: Okay! Dilkes: Hopefully sometime, uh... Payne: Soon! Hayek: They'd prefer the indefinite because it gives them flexibility for when it comes back to us. Payne: Okay! Got it! Knoche: Thank you! Hayek: Any further discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0 on 2d(4). Um, Item 2d(8), urn ... let's go ahead and get that on the table. ITEM 2d(8) IOWA RIVER RESTORATION / BURLINGTON STREET DAM AGREEMENT AMENDMENT - RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDED CONSULTANT AGREEMENT WITH MCLAUGHLIN WHITEWATER DESIGN GROUP FOR THE IOWA RIVER RESTORATION/BURLINGTON STREET DAM MODIFICATION PROJECT. Mims: Move approval. Payne: Second. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 10 Hayek: Uh, and I'll read it out loud (reads Item 2d(8). It's been moved by Mims, seconded by Payne. Uh, so now ... this was something we were going to take up during our work session between 5:00 and 7:00 but ran out of time. Howard: Good evening, Karen Howard from Development Services. Um, we just wanted to give you a brief update about planning for the Riverfront Park, which will become a part of, a signature part of Riverfront Crossings district. Um, just a reminder, these are the boundaries of Riverfront Crossings. Um, all the way from Burlington Street down to Highway 6, uh, east to Gilbert Street and uh, includes West Riverfront, which includes Riverside Drive. You can see a big part of the Riverfront Crossings district is that green space in the south corner there, um, next to the river, which is the planned Riverfront Park. Um, this area was flooded in 2008 significantly. Uh, we received a flood mitigation grant to ... to remove the wastewater treatment plant that you see here in this photo. Um, we're in the process of...of planning for that demolition. Um, so we need to move forward with the planning for the new park. Um, just a reminder of...of the importance of the planning for the park and the development of the park as a part of the River... the whole Riverfront Crossing district. That was listed as the number one goal, uh, for Riverfront Crossings when we went through all the planning efforts for Riverfront Crossings is to create that resilient riverfront park system. Um ... as far as implementing the Riverfront Crossings' plan, um ... you just adopted the form - based zoning code to facilitate redevelopment in Riverfront Crossings. Uh, we're planning to rezone property down there for this. The ... the development of the park is a major catalyst then for redevelopment in Riverfront Crossings. So that's kind of a major element in us implementing, continuing to implement the Riverfront Crossings' plan. Uh, this is a close -in, uh, shot of...of what the area around the, uh, waste water treatment plant. This would be a park that would re... would replace then the waste water treatment plant. We just want to acknowledge that there was a lot of public input that happened during the planning for Riverfront Crossings. We heard a lot of things from the public already about what they wanted to have in this park, so we won't be stepping off at ground -zero with the park. Um ... the park should be flood resilient. Provide better access to the river for fishing and boating recreation, views, it should be an active park ... uh, we heard that stream bank restoration along the Iowa River and along Ralston Creek which is our major urban creek that runs through the area is very important. Um, constructing wetlands in the park to help, uh, filter the storm water as it goes into the Iowa River, uh, as a part of green infrastructure. And developing of course... continue to develop the trail network that we heard about earlier, uh, this evening; uh, incorporating public art; uh, green features in the park; and then really open space and recreational amenities for the future are high- density neighborhoods that will develop around that park, and there were quite a few character renderings in the Riverfront Crossings' plan that showed the pen... potential, uh, how this neighborhood could change because of the park as a catalyst for future redevelopment. This shows, uh, Gilbert Street, uh, much different than what it is today, how those green fingers from the park could extend into the neighborhood and create a really great place for people to live, um, in This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 11 Iowa City ... in the future. This shows, again, that there's opportunities for green infrastructure, uh, that would extend, um, from the redeveloped area next to the park, um, bio- swells that would filter the storm water as they, uh, as it came off of urban development, and ran into, uh, run into Ralston Creek and the park. We did receive a green infrastructure grant, um, another technical assistance grant from the EPA. They've been very generous with us. I think they're very supportive, um, have been very supportive for all this planning that we've done down here. Um, that infrastructure grant will receive, um, technical assistance for restoring Ralston Creek. Some ideas for the constructed wetland, and how the storm water features can extend into the future neighborhood, surrounding that. And here's just some character renderings about all those infrastructure pieces that could become part of the green infrastructure of the park system. And then I'll hand it over to Steve Long. Um, we have this opportunity now with the demolition of the plant and the, uh, planning for the park to really integrate the planning that we've been doing in the Iowa River itself, um, and so Steve'll cover that ... part of the (mumbled) Long: Sure (clears throat) Excuse me! Just give you a little update first. Um, about a year and a half ago we signed an agreement with McLaughlin White Water Design Group to really look at the entire riverbank from Burlington Street to Benton Street, or I'm sorry, to Highway 6, and taking that currently under - utilized and really inaccessible riverfront and ... opening it up to the public. And also making the da ... the Burlington Street dam safe, which is a 12 -foot roller dam, and creating fish passage. Um, it's the first dam for 77 miles and we also have this unique opportunity to partner. We received funding from U ... the U.S., from the EPA, uh, the State Iowa DNR, the Department of Cultural Affairs to tie in the UNESCO City of Literature to our riverfront, the City of Iowa City, and the University of Iowa. And ... kind of like what Karen was talking about as well, provide education, recreation opportunities, um ... restore the riverbank, and um... let me see ... so it does... everyone's familiar with the area (laughs) um, it doesn't look like this today, unfortunately. It's a little bit (laughter) higher. Um, still doesn't make the dam any safer. So what we did, this consultant was charged with looking, in addition to the dam safety and opening up the riverfront, also opening up to recreation. It's ... it's a really under- utilized part of the river. You don't see people ... other than fishing, uh, in the river. Actually in a lot of the, except for the U of I crew team, you don't see a lot of Iowa City. So the hope initially was to look at the recreation component in the river, south of the Burlington Street dam. And... unfortunately, urn ... well, fortunately (laughs) when you do something in the river, you cannot impact the flood plain, and I think we know that very well in this community, and adding the recreation component just south of the dam impacted the flood plain too much. So then we started looking at other options, and the opportunity arose that, with the ... the... awarding of the $8.5 million demolition grant, and all the planning that's gone into Riverfront Crossings, specifically for the North Wastewater Plant park, and we need to think of a good name for that park! I ... people have been tossing around Sewer Park and that just doesn't sound good (laughter) Something we This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 12 need to get Parks and Rec Commission on! And, it really gave us an opportunity, in addition to the recent EPA grant, to look at how ... how we're going to use this park, how we're going to develop it, and these are just some ideas. The bottom right ... is an idea to cut a new channel through a park. So ... again, this is the Riverfront Crossings, just some renderings, ideas, to open up the riverfront to the public. And so we have these... potentially there's two planning ... um, potential planning. Well, one's ongoing right now and has been for a year and a half, with a firm that's very familiar with all these ... I think we have six different funding sources tied into this right now. And they've been doing the hydrology analysis, uh, borings, looking at the entire riverfront. So we looked at that, and also they're skilled at connecting the east and west sides of the river, and ... then this opportunity that's a park came up, and we realized it'd be the, probably the best opportunity to tie them together. So, I don't need to go through all these. Um, I think as you know part of the $8.5 million grant is also constructing up to five acres of wetlands, urn ... creating trails and other amenities. In addition, uh, one thing they discovered, and I think the City's been aware of this, there's been some pretty severe bank erosion on the west bank, right across from the North Wastewater Plant. So this ... this contract would also look at stabilizing that riverbank and what it would cost for us to repair that. So what we're recommending is that you extend, or you amend the existing contract with McLaughlin Whitewater Group and we can continue on for planning for the additional park, for the new park, whatever we call it, um ... there'll be two options presented in ... in September, if you proceed with this. One option is to ... look at the park ... what we're hoping for is a passive and an active park. So we're gonna have the wetlands, a green infrastructure, along with some active — we want people to be out enjoying the park and make it somewhat of a destination park. So, they're going to be looking and talking to community members what some of those ideas are. It could be ... well, the door's open right now. So one option will include active components, with a potential whitewater park, or I should say a channel cut into the park, and the other (coughing, unable to hear speaker) is active without a channel cut into the park. I don't know where that's going to be. That's why we're hiring them (laughs) So that's where we are. Hayek: Great! Thanks, Steve! Any questions for Karen or Steve? Dobyns: Steve, a question regarding the original design was within the confines of the river itself. Um, my concern today about voting for amendment to this, urn ... uh, recommendation is that if we're going to have a whitewater park that is outside of the natural geographic confines of the river, um, I'm concerned about, uh, asking for money for future planning of what sounds like a lot fun, but may not be able to be funded because it's not part of the flood plain. Um, before when we looked at Burlington Street dam, I ... um, I thought like ... what Charles City has. I understood that there were future grant opportunities that would help the City, uh, pay for that. Now that it's not part of the flood area, I'm worried about future grant funding. Can you comment? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 13 Long: There are still grant opportunities. A lot of the grants are not dependent on flood. We've been fortunate and received grants over the past five, six years related to flooding, but there are other opportunities outside of flooding. I mean, outside of grants related (both talking) Dobyns: But this is now, I mean, this is not flood. This is just recreation. I mean... Long: Education and recreation (mumbled) Howard: So the park itself, um, one of the reasons we chose this is the area for the park is because it is in the flood plain, and so one of the purposes of...of the planning for the park here is to, uh, have a floodable park, um, and so we're moving the development out of...out of this area to create the park. So as far as being in the flood plain, you mentioned being in the flood plain... Dobyns: Uh huh. Howard: That whole park is in the flood plain. Hayek: That answer your question, Rick? Dobyns: I think so. Hayek: (both talking) Dobyns: I guess ... I mean, I guess I'm just concerned that, uh ... urn ... I mean, it's very nice! But I'm concerned that we're going to have to pay for a significant, uh, share of this when we get presented with it in the future, but ... um... Payne: Will ... will part of it still reduce the ... or, I should say ... increase safety for the dam? Long: That's still the number one priority. Payne: Okay! That... perfect! Long: Yes. Payne: Thank you! Throgmorton: You need a motion, don't you? Hayek: Uh, we already have one. Throgmorton: ... have one. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 14 Hayek: So, unless there's any further discussion on this item. Roll call, please. Item 2d(8) passes 6 -1, Dobyns in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 15 ITEM 2d(9) HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN - RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN ITEM 2d(10) PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP) - RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). Hayek: Um, why don't I... Mims: Go ahead! Hayek: Go ahead! I ... uh, so 2d(9) and 2d(10) are the ... the other two items that were excluded from the Consent Calendar. We'll take those up at this time. Why don't I read both, uh, and have someone put them both on the floor cause I think our... the comments we're anticipating go to both items. (reads Items 2d(9) and 2d(10) Payne: Move... Hayek: Wait, do we ... uh (several talking) let somebody else, uh ... craft the motion. Payne: Oh, okay! Mims: I'm going to move that we defer these indefinitely. And if somebody wants to make a second I'll tell you why. Dickens: Second! Mims: I ... my reason is, from the communication I have got, there's some cur ... some concerns about these, and only to do it to give an opportunity for some dialogue, uh, whether it's between Council Members and community members (mumbled) more staff, community dialogue. Um, we ... we've had some contact from Black Voices Project, and so I would like to make sure that we have the opportunity to resolve any concerns or differences that there are, um, between what's been a... between what has been proposed, um, and what community members are seeing or envisioning this meaning, um, before we take action on it. Payne: But this is to set a public meeting, right? This ... that's what this was for is to set a public meeting. Hayek: No, it's ... it's adoption of the (both talking) Mims: It's adopting. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 16 Hayek: ... of...of a plan and a policy. Payne: Re ... but it requires a public meeting! They both say they require a public meeting. Mims: 2d(9) and 2d(10)? Payne: Yeah! It says, "The Department of Housing requires a public meeting." (several talking) Dilkes: That's this, I think. Hayek: This is it! Mims: Not a public hearing. Hayek: Um... Dilkes: That's tonight. Hayek: You know maybe ... as an initial question, is staff aware of any deadlines we're bumping up against or ... administrative or bureaucratic trouble we'd get into (several talking) Rackis: Uh, actually the ... the one item that ... that prompted us to, uh, review both the administrative plan and our continued occupancy plan, uh, was uh... if you look at what would be, uh, under the ACOP proposed amendments to ACOP, number 2, and uh, that's the one where, uh, HUD basically in this appropriations has required that, uh, public housing authorities, uh, set their flat rents for public housing at no less than 80% of the applicable fair market rent. That language is currently not in our plan, and even though HUD is requiring us to do this, they also require that that has to be in our plan, and that was supposed to be, uh, effective July 1, 2014. So ... so that one item, uh, really has some urgency to it. Uh, the others, um, do not. Hayek: Well, it might be kind of hard to parse out a portion of two ... of a plan and a policy with lots of HUD language to comply with a deadline that passed 14 days ago. I mean, is it ... is there enough urgency that you ... that you need us to act on this tonight or could we defer... as, uh, Mayor Pro Tern Mims has suggested. Rackis: Uh, whatever you would prefer to do. We'll do it. Throgmorton: Matt, it seems to me the crucial thing is to enable community, uh, people in community groups to have some opportunity to comment on this. I ... I think they didn't know it was coming and suddenly here it is. So ... they want to be able to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 17 look at it, think about it, talk with Steve, talk with Doug or whoever needs to be talked to, to make sure they understand it, uh, and then if they object to it, will have an opportunity to object. So I don't know if we need to defer indefinitely like Susan's recommended, but I do agree we should defer. Payne: It ... it just seems weird that this is a public meeting, but we put it on the Consent Calendar, which typically we don't even talk about things on the Consent Calendar. So this ... these should have been items separate, not on the Consent Calendar, right? I mean, I ... I'm not gettin' it! Dobyns: Which is why we made it separate. Throgmorton: Right. So, but that ... at a minimum we need to defer to our ... to the next meeting. No? Mims: Is that too far out in terms of HUD's ... being on your back about anything? Hayek: I mean, only you or Doug Boothroy would go to jail over this so ... (laughter) Rackis: No, I ... I think just simply it's, you know (several talking) that, uh, the City Council is the Housing Authority, and the City Council deferred, and, uh, HUD, we're sorry but we're going to have to wait. Hayek: I mean, I don't mean to make light of it but... but... but the next available meeting would be August 19th, I believe. So... Mims: Doug's shaking his head okay. Markus: Yeah, I'm ... I'm thinking that this is okay to defer to the 19th, and in the interim I think it's important that we have the conversation with anybody that ... that has those concerns. So, this is their public notice at this particular time to get a hold of Doug and Steve and have that conversation, uh, and then any concerns that they have, uh, can be conveyed back to the Council at the 19th if there's any changes that need to be made. Mims: I would amend my motion that we defer it to August 19th Hayek: Why don't we consider that a friendly amendment, seconded by Dickens, to defer to the 19th. Why don't we set them as, uh, non - Consent Calendar items on the regular portion of the agenda. Have staff have that interface between now and then, and then take it up on the 19th. And we'll go to jail — don't worry, Steve! (laughter) Any further discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. And again, that is 2d(9) and 2d(10). Okay, I think now we're inching our way out of the Consent Calendar. Karr: Can I have a motion to accept correspondence? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 18 Hayek: No we're not! (several talking) Mims: So moved. Payne: Second! Hayek: Moved by Mims, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 19 ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA) Hayek: This is the opportunity at each City Council meeting for members of the public to address the Council on items that are not on the agenda. 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, ask that you sign in and verbally give us your name, and to, uh, keep your comments to five minutes or less. Gravitt: My name's Mary Gravitt. So I'm going to try ... I don't know, I might need some help with this. Um ... would you help me again, Mr. Fruin? (both talking off mic) (plays video from January 22 "d City Council meeting) So that I won't lose all my five minutes, what the point here I want to talk about is the banality of evil, of... I'm not here about SEATS. SEATS lost because it didn't fight back. I'm here about the Senior Center building that's under attack. SEATS got under attack, and they lost because they didn't fight back. We have a Ad Hoc Committee to fight back, and I've learned that our building ... I don't know whose idea is this to privatize our building, and it's ... and the handout that I gave you is from the history of the building. And why should our building be privatized is another story. And I'm ... and I'm definitely against ... when you say privatize to me you're throwing gasoline on a fire ... will lose because my friends who are on privatized list for hospitals. They give you a list, or you're sick and you have to go down the list and find your own doctor. Now, at the Senior Center, we provide a lot of services for low- income people, and I don't think that our building should be privatized, and it should be taken away from us. What I'm recommending is people should read Hannah Arendt's Eichmann in Jerusalem. We'll see how the banality of evil works. The person who wants to privatize our building, he's a good person, and he's only doing it for our good! You gotta help old folks out! So he's gonna privatize our building, take our building from us and make an attack, but I would advise him not to, cause we're gonna fight back! And the second thing I want to talk about is affordable housing. The last time I was down here it was an argument about some development shouldn't have affordable housing. But you have to have affordable housing. The reason that we have so much homelessness now today is ... goes way back to 1957, when they decided to tear down all the affordable housing which was like slums and whatever, 25 -cent rooms, but people could afford it. Then they replaced them with places that cost $500 and people could only afford to pay $250! Hayek: Miss Gravitt, your five minutes are up, so if you could wrap up. Gravitt: Okay, my ... my thing is, we should not let the banality of evil trying to do us good cause hardships, and ... take our building off your privatizing agenda. I'm just saying, us old folks know how to fight! Thank you. Hayek: Thank you for your comments. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 20 Knight: (noises on mic) Thank you. My name is Roger Knight. Um ... long time no see. Um ... I'm just up here about how it seems to me whenever I bring up anything to a department head, Transit, Police Department, just these different departments — Streets. It seems to be that there's more red tape, just to talk to somebody, more than the federal government and... themselves. That's pretty sad! I'm trying to help the City. You know, we gotta start moving forward, and going with Moen's plans are unacceptable. There's people who need your help. I'm scared of riding transit anymore! I've been almost thrown out of my chair, way too many times! And every time I come up here I feel like even the City Council, you don't listen. Maybe you guys are playing to some tune in your head. Maybe... there's one good one (laughs) who will listen, but ... where's the trouble end? You know, the thing is, a particular person up here on the board, or on the Council — sorry! Is a lawyer who ... saw a particular thing for custody for me and my siblings. Okay, (mumbled) my father and mother. But he didn't look at the issues. It was just what one side said. Well, here we are again! One side says something, and the other side, oh, that's just too bad! Other ... other side is us! The city! When's the City Council and the rest of the City going to listen to us? And hear what we have to say? If you actually hear some of the things I bring up — they're good points! They're good points! I mean, how much fighting do we have to have, seriously, how much fighting. This is an actual question. Just to even think about low- income housing. And then when we finally do, let's make sure that we don't mess up like Tipton. Or, not Tipton... Dubuque. They're gettin' in a lot of trouble trying to bring in people from Chicago. Let's not make sure that we don't become the next mini - Chicago. We need to make sure that it's to help the citizens of Iowa City, and not help out... criminals that want to shoot up the place! And the place being Iowa City. Because we know the Police Department can't handle it, cause they're not big enough. It's not that I have anything against the Police Department. They're not big enough! I just ... I'm ashamed to say that you guys are my City Council Members. Ashamed! You know, and I brought up ... one more last point. Noise ordinance. Maybe I need to hit it a little bit more. We need to do something about a noise ordinance. Because here's one thing that you guys probably haven't thought about. You guys can't figure out why this is a party town. For the college students. Well, what is here for anyone else? There's some ... I've forgotten the number, 62 bars in the immediate area? 62 bars? How many bars do we need? I know they bring in a lot of money, but why don't we just throw up a casino. Heck, that'll bring in money! That's what you guys are doing with these bars. Just wanted you guys to think about this. You guys are really tearing the city down... in favor of the college students? Who don't even care? They're here for four years then (makes clicking sound) they're gone! Cause there's nothing here to keep `em here, one. Two, what the heck, we destroyed the place. Just things for you guys to think about. I know I'm probably over five minutes and I'm sorry about that. Um ... and then I will come up with other points later on, but thank you. Hayek: Thank you for your comments. It is 7:58. If there is, uh, anyone else who has a community comment item and can keep it to two minutes, you can come up. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 21 Otherwise we will at 8:00 move on with the rest of the agenda and at the end of our Council meeting, if there is further community comment, we'll take it up then, as is posted on our agenda. Cummins: You guys know me, right (laughs) Laurie Cummins. 12 Bella Vista Place. And with her permission, I would like to read, um, my neighbor's letter. I ... I know you got it today but I'd just like to make it a matter of public record. Um, it's written by Jen Wagner. Um, the Iowa City Gateway project's design should not neglect one fundament... sorry, this is ... with regard to Gateway project, uh, design elements. The Iowa City Gateway project's design should not neglect one fundamental truth — people are drawn to the river's edge. Our goals during the design phase should be to make the experience next to this amazing section of Iowa City's riverfront as rich and enjoyable as possible, and to lessen for pedestrians and bicyclists the sensory impact of motor vehicles on a major arterial. Please do not give up on the idea of an Iowa City promenade that could overlook the river, offering sweeping views of Hancher Auditorium, City Park, and the new Park Road through -arch bridge. The Iowa City Gateway project will provide a postcard image of Iowa City. The promenade will provide a platform for experiencing this beautiful setting. Other river cities around the world have made sweeping changes to their riverfronts, to accommodate pedestrian traffic. Not as an afterthought, but as a focused initiative. The River Rhine promenade in the same riv ... promenade in Paris, for instance, both cities revitalized areas where wide urban roadways formally abutted the river. But a simple Google search, image search of riverfront promenades will provide other compelling examples of cities closer in size to Iowa City, that recognize the pull of citizens wanting to gather near the river on wide wa ... walkways, with benches and ample room to balance both bike and pedestrian traffic. Let's be sure we avoid the original plan presented by staff of simply paving a sidewalk to get from point A to point B... oops (noises on mic) with very little benefit of aesthetics despite the riverfront location. The original rendering simple... simply suggests a generic circulation function. There was no sense of place making form, despite the extraordinary potential that comes from this prime piece of Iowa City real estate. Let's also be sure we carefully consider the necessity and complexity and construction costs and upkeep of cutting into bluffs and destroying the old trees on the east side of Dubuque, private property where no sidewalks currently exist, when the more compelling choice lies in expanding a west side walkway. I will skip to ... in the interest of time. With a promenade we have the opportunity to create a unique space found nowhere else in the region. Think benches and greenery, and classic lighting, and a broader sense of space to accommodate a new destination for Iowa Citians, and visitors wanting to walk along the river. To meet friends, to pursue public art enrichment, to picnic during the warmer months, and to watch the fireworks. And no, the vision of a promenade should not simply be a tool to help sell any future southside development. Ultimately such a vision within the Gateway design would enlarge the quality of the public realm in Iowa City as an economic development tool too. I just want to say in the ... real quick, in the public, um, in the planning session I heard comments about Jen's, uh, rendering This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 22 that she sent, and that there was, um, there would be need for a pier and, um, that that would involve a lot of expense, and I'd just like to ask you to consider that, um, to ... to ... to stay with the vision, that maybe we don't need something that elaborate, but please stay with the vision of the promenade. Don't give it up. Please don't... don't... don't stay with beige when we can have a rainbow. Thank you. Hayek: Thank you for the comments. We'll move on to Item 4, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 23 ITEM 4. PLANNING AND ZONING MATTERS. ITEM 4a LINDEMANN SUBDIVISION, PART SEVEN — RESOLUTION APPROVING FINAL PLAT (SUB14- 00011) Mims: Move approval. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Miklo: Any questions? (laughter) Bob Miklo, the, uh, Neighborhood and Development Services Department. This is the final phase of, uh, Lindemann Subdivision. It includes 28 lots. It's on Kenneth Drive and Anna Drive. Throgmorton: It's just southwest of, uh, the ... the new St. Patrick's Church, right? A little bit southwest. Miklo: Um... (several talking) Yes! You can see on the aerial photograph St. Patrick's and the subdivision. Throgmorton: Yeah, so it's just filling out the ... the neighborhood that's being created at the moment, right? Hayek: Do we have the legal papers and construction drawings? Miklo: Yes, they're in order for approval. Hayek: Any other questions? Further Council discussion? Roll call, please. 4a passes 7- 0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 24 ITEM 4b ROBERTS DAIRY ADDITION (Hy -Vee) — RESOLUTION APPROVING FINAL PLAT. (SUB14- 00003) Payne: Move resolution. Mims: Second. Hayek: Moved by, uh, Payne, seconded by Mims. Discussion? Mims: Glad to see it moving! Hayek: Yeah! Miklo: Uh, this is a two -lot subdivision of the former Roberts Dairy. Hayek: Just a second, Bob! Hey, Glenn ... stand back there. Don't leave quite yet, will ya? (laughter) Throgmorton: Nice try! (laughter) Siders: (unable to hear; away from mic) Hayek: Yeah! (laughter) Miklo: Uh, the subdivision will create two lots, one for a new HyVee grocery store and a second lot, uh, for a convenience store. It will also reroute St. Clements, uh, alley, which currently intersects with Dodge Street, so that it will intersect with Prairie du Chien. Uh, the legal papers and construction drawings are in order, and staff recommends approval. Hayek: Any further questions for Bob? This was a ... deferred from a prior meeting in June. Throgmorton: Uh, are there any changes between this, uh ... and the ... the prior preliminary plat? Miklo: Uh, it's generally consistent with the preliminary plat. Hayek: Any further questions? Any further discussion? Roll call, please. Passes 7 -0. Glenn, would you just come up real quickly. I'm gonna kind of break with protocol. I noticed Glenn Siders walking out of the, uh, out of City Hall, and I saw recently, uh, an announcement that, uh, you're uh ... retiring and we're not going to have you to kick around down here anymore (laughter) and I saw you walking out of the building and I wanted to grab you (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 25 Siders: ....,Mr. Mayor, in fact is true. At the end of this month I will no longer be with Southgate Development. (several responding) And I have to honestly say after this evening I'm not going to miss a lot of these (laughter) sometimes! Uh ... since you've provided me the opportunity to speak, I will thank you, uh, and this Council, former Councils, and your City staff have always treated our projects very professionally, and always treated me very professionally when... even when we've been at odds, and I appreciate that. Hayek: Well, and Glenn, I want to thank you. You've been a fixture down here and you're a consummate professional and we ... we, uh, I thank you and that's why I wanted to bring you up here for a little ... one last limelight! And to thank you for what you're done for the community and wish ... wish you well! Siders: Thank you very much. I hope this is my last one! (laughter) (applause) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 26 ITEM 4c REZONING 2815 ROHRET ROAD — ORDINANCE CONDITIONALLY REZONING 4.4 ACRES OF PROPERTY, FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM DENSITY SINGLE FAMILY PLANNED DEVELOPMENT OVERLAY (OPD -8) ZONE AT 2815 ROHRET ROAD. (REZ14- 00006) 1. PUBLIC HEARING Hayek: This is public hearing. The hearing is open (bangs gavel) and before we get started, uh, let me ask if there are any ex parte communications from Council to disclose? (several responding) And again that ... uh, would cover communication with interested persons, uh, anyone with, you know, outside of City Hall and... and then within City Hall, anybody other than the City Attorney's office. It would exclude each other. Anything to disclose? Okay, with that, let's open it up to staff. Miklo: Uh, this property was rezoned from low- density residential to commercial office back in 2007. Uh, the applicant indicates that there has been, uh, no interest in the commercial /office market in this ... this area. Uh, the Comprehensive Plan indicates that the area, uh, could ... uh, is appropriate for either, uh, commercial office or residential, uh, provided that the residential's buffered from Highway 218. Uh, the proposed, um, zoning is ... uh, planned development overlay, medium density, uh, the same zoning that applies to the property to the north, as well as the property to the east. Uh, the plan itself clusters, uh, 33 dwelling units in one building, uh, keeping them as far away from the ... from, uh, the hospital, or excuse me, of the highway. Uh, 150 feet is as... as possible on this property. Um, the um ... the plan also calls for the preservation of existing trees along Highway 218 and ... and supplementing those with additional trees. There is an area here where the trees would need to be removed for storm water management. Uh, the plan also calls for use of sound abating construction techniques, such as, uh, masonry exterior siding and, uh, use of laminate windows, uh, which are ... are used to reduce interior noise. Um, both the, uh, Planning and Zoning Commission and staff have recommended approval of...of the rezoning. Hayek: If the applicant wishes to address us, or anyone from the audience, we invite them forward. Digmann: Um, I'm Kevin Digmann with Hodge Construction. Um, we're the ones looking to do the rezoning and the building there. Um, Bob I think did a pretty good job of describing the building. It's 33 units, um, l l ...or 13 of `em will be one - bedroom, and 20 of `em will be two - bedroom units. It will have underground parking, under the whole building. Um, you know, we've had a good neighbor meeting and that went really well and we had no objections at the P &Z. I'm not sure if anybody'll be here tonight, but um, I'd be happy to answer any questions anybody may have on the project and what our intentions are. So... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 27 Hayek: Thanks, Kevin! Payne: Is this a rendering of what the building really will look like? Digmann: Yes! Payne: I know beauty is in the eye of the beholder, but it's not very aesthetically pleasing. Digmann: Well it's (laughter) when you look at it at that angle it's not, but those ... all of those window areas actually pop out. So, um, and this is a, you know (mumbled) City staff and... and everybody was looking for something without a huge roof - line and some of those. So I mean, architecturally, I mean, Neumann Munson derived it, and I think once it up, it does have a little bit of that modern flare to it, but ... but urn ... obviously wouldn't be investing the money in it if we didn't like it, so... Payne: (laughing) True! Throgmorton: And, Kevin, that's as viewed from the west as ... as if one was on I380 looking toward the building? Digmann: Pardon? Throgmorton: That view is from the west, am I correct? As if you (both talking) as if you're on I380 looking at the building? Digmann: Correct! Throgmorton: Yeah. Digmann: But I mean you wouldn't probably see most of it because of the tree line that's over there, so... Dobyns: So, Bob, was this, urn ... area originally, I mean, as far as commercial, there was an anticipation there might be some commercial ventures, but there was no interest from... Miklo: Yeah, the ... the Comprehensive Plan identified this as lighter commercial or institutional, such as a... a small church, um, fire station, something, um, that would be less sensitive to the highway noise, but the plan also said that if it was going to be residential, then there should be some measures taken to minimize the effect of the highway noise on the property. Dobyns: But there's no interest from a ... from (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 28 Miklo: Apparently not. It was zoned commercial, I believe, back in 2007 and (both talking) Digmann: Yeah, we've sat on it for about three or four years, I'm sure. Dobyns: Yeah, no, I ... yeah, I noticed. Okay. Throgmorton: Bob, am I correct ... I'm sorry! Dobyns: No, I'm done. Thanks, Jim. Throgmorton: Am I correct in recalling that the Planning and Zoning, uh, recommends it 7 to nothing? Miklo: Uh, I believe so. I think that's reflected in your comment that it was a ... a unanimous vote. Hayek: Any other questions for either Mr. Digmann or Mr. Miklo? Anyone from the audience? Okay, before I close the public hearing, I need to take the Council's temperature. Are we inclined to stick with the recommendation? (several responding) Okay, appears to be a majority there. So with that I will close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move the ordinance. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Throgmorton: I think it's a reasonable use of the land and there's been no opposition expressed, to my knowledge, from any neighbors, uh, and the Planning and Zoning Commission approved it, or recommends it 7 to nothing. I think we should move ahead! Hayek: Further discussion? Roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 29 ITEM 4d REZONING 629 S. RIVERSIDE DRIVE (FORMER HARTWIG MOTORS SITE) — ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 3.02 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT (RFC -WR) ZONE LOCATED ON THE WEST SIDE OF SOUTH RIVERSIDE DRIVE, NORTH OF BENTON STREET AND SOUTH OF THE IOWA INTERSTATE RAILROAD. (REZ14- 00009) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte communications to disclose? Throgmorton: Well, in the past I've had a brief conversation with Kevin Hanick, the developer, but that was, I don't know, probably... eight weeks ago. It was a very general kind of discussion. I ... I didn't have any idea when it was going to be coming before us or anything like that. Hayek: Mr. Yapp! Yapp: Uh, this property falls within the West Riverfront District of the recently adopted Riverfront Crossings District and Riverfront Crossings Code. Uh, this is our first request for a rezoning to our Riverfront Crossings' designation. Uh, this is an aerial photo of the ... of the past use of the property. The property is currently zoned Community Commercial and was formerly, uh, the site of an auto dealership. Uh, staff has recommended, and the applicant has agreed to several conditions of the rezoning. Uh, the first includes to dedicate 10 -feet of right -of- way along Riverside Drive to facilitate an increased landscape buffer along Riverside Drive. Uh, the City has a pending, uh, design plan for Riverside Drive's streetscape. Second condition is to provide an easement, uh, to extend the sidewalk from this site through the Iowa Interstate Railroad embankment. Uh, this is also a project that is in the City's Capital Improvements Program to construct a tunnel through the railroad embankment. The applicant has agreed to provide that easement to facilitate that. Uh, and this image shows the current condition of that, uh, pedestrian access. Uh, the thirdly, uh, the applicant has agreed to close the northern-most curb cut on Riverside Drive, uh, to help meet the City's access control goals, uh, along Riverside Drive. Uh, staff and the Planning and Zoning Commission have recommended approval. Uh, the applicant is here and has provided a, uh, a conceptual design of the building he has proposed, if you'd like to see it. (several responding) One thing I'd like to stress is that what you are, uh, being asked to consider tonight is a rezoning, uh, to Riverfront Crossings' designation and Kevin, when you come up, if you could open your ... your file on your flash drive. Uh ... you're not being asked to approve the specific design of the ... of the building. That will be considered according to the form -based code. Any questions? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 30 Payne: With ... I ... I guess I do have a question. With all the commercial that's around there, does it really make sense to make this... residential? Yapp: Well, I think part of that is up to the property owner to propose, but the Riverfront Crossings' code does allow residential. It is, uh, fairly close to downtown. Uh, and to campus, particularly once that sidewalk connection is in place. Uh, I think it is fairly close to the center of our community. Payne: Right, there are houses right behind it. It's just that ... I mean, when you drive down Riverside Drive and you see all this commercial that's there, does it make sense to have an apartment building sitting there? That was my thought. Yapp: Sure! My response would be that a .... a good balance of commercial and residential is important, uh, for the success of both. Payne: That's a good answer! (laughs) Hanick: I'm Kevin Hanick, urn ... and the applicant for the rezone. Uh, this is one ... one, uh ... element of the design. We're ... we're currently working on this. This is not final. Um, we've been pleased and ... and uh, I think very gratified with the work we've had with the, uh, staff and we're planning a building which is four stories, uh, with underground parking, and surface parking. Uh, it'd be a total of 96 units, primarily two bedrooms. One bedrooms, studios, um, I think there are ... there may be four or six, uh, three bedrooms. Um, and uh ... this is the general look of the building. It's, uh ... uh, more contemporary design with, uh, brick, um, corrugated metal in two colors, and the limestone. But as I say we're still working on this. We've got one final revision before it will go to the staff for final approval. Um, one of the things we just came to yesterday was, uh, the change of a long ramp to, uh, a... a small lift, which will change the, uh, the front, uh, landscape a bit. But, in general, I think I should say that we've been... inspired by the Riverfront Crossing, uh, zoning and the opportunities it, I think raises for changing that ... that character, uh, of another entryway. I mean, we talk about the Gateway project. I think the south gateway of Iowa City is certainly Riverside Drive, as you come from the south, and it's certainly dominated right now by a mix of commercial things. Uh, we ... we feel that this plan follows very closely what was outlined in the Riverfront Crossing sort of master plan, which has been adopted, and uh ... uh, as I say, we're not really ready to submit this final thing, but only to present this as a kind of a concept, uh, as we ask for a ... a rezoning. I'd be happy to ans ... answer any questions. Throgmorton: I have a question for you, Kevin. Uh, could you, um, describe briefly the amenities that you thing, uh, would attract residents to this particular building on ... at this particular location? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 31 Hanick: Yeah, I ... this is a, probably premature talking about this a little bit, but it's certainly ... the background thinking is that, I think the City, um, has catered heavily to the demand of undergraduate housing here. And we're trying to create a project here which in fact, uh, is aimed at a little bit different population. The west side of Iowa City, the west side of the river, has had very little... residential development. The only ones I can really think of would be the redevelopment of Grandview Court in University Heights, and a ... a development that's, uh, out, uh, further out Benton Street, just past Horn School. Other than that, um, there's been very little development on the west side that caters to young professionals, to residents, uh, medical students, law students, um, a little bit older crowd who may in fact be attracted to this project, the relative proximity to town being an attraction. Uh, underground parking, upgraded finishes and ... and uh, amenities within the building. There's a ... this is actually a U- shaped building with a large courtyard, uh, in... in the rear. Um, so we're trying to appeal to a little bit different, uh, population than ... than... than near - downtown, and I ... to be perfectly honest, the ... the early, uh, conversation you were having about some of the redevelopment of the riverfront is extremely important here. Um, I think people are going to enjoy that for a long time, and this is a kind of catalyst project for the whole, uh, river ... Riverfront Crossings', uh, redevelopment. I think, uh, is ... is notable, and I think it's even notable that you've put on your ... your, uh, list of expenditures that ... that pedestrian tunnel. I mean, it's ... you're asking people to go through there and ... and get to downtown, and uh, we're gonna try to put some other people there, but um ... the, uh, the ... I ... the idea is that we ... we want to take advantage of the, uh, the nearness of downtown, but we want to have our own separate identity, I think, here. But it will be an amenity -based house, uh, and we ... we think that, uh, there is a definite market for that, and uh ... we'll see! Throgmorton: Thanks! Hanick: Any other questions? Comments? Dobyns: Well I'd like to comment. I think this is really positive. This is a really at -risk area of the city right now, at this particular intersection (noises on mic) (mumbled) Hayek: Well I just want to limit ... limit it to questions since we're in the public hearing phase. Dobyns: Okay. All right! Hanick: It was pointed out to me (both talking) Hayek: ...keep your powder dry! Hanick: ...right in the middle of this building where's the tornado came down a few years ago (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 32 Throgmorton: I'd like to say right in the middle of that building is where I bought a Dodge Caravan about 25 years ago (laughter) Hanick: Many of us did! (laughs) But I think ... to ... to comment briefly. That use ... of a... of a car lot in that location, with that proximity to downtown, we know very well that there ... the Recreation Center's going to be doubled in size. We know that there's going to be an Art Museum and a new music building downtown. There's going to be more adult attractions to downtown. I think the culture and the character of downtown and near - downtown is in the process of change, and we think this could be a very strong, uh, element of that, and I like the direction that it's going... personally. Hayek: Any other questions for Mr. Hanick? Hanick: I have one other picture. You want to see that? I don't know how to do this! (laughter) (several talking in background) That's sort of the long view, along Riverside Drive, looking, um ... to the west. The one thing that's going to change here is the, urn ... the fagade that has the ... the address on it is going to be brought down substantially and the left -hand side is going to look much more like the right when we ... we change from that ramp. (mumbled) ...really please about that and that is due to some positive input from the City staff and ... but... Hayek: Thank you. Hanick: Thank you very much. Karr: Kevin, can you be sure that they're on the hard drive so I can archive them? The two pictures. Thank you. Hanick: Oh, okay. Dobyns: (mumbled) ...a question, being in the Riverfront Crossings' district, this realizes that there are some advantages to sustainability and affordable housing, urn ... within this structure? Hanick: Certainly we're working on those elements. I ... we've not finalized our proposal yet, but we're aware of those. Dobyns: Okay (mumbled) the question was to Mr. Yapp. So... Hanick: Oh, I'm sorry! Dobyns: Yeah. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 33 Yapp: I think I would respond the same (laughter) at this point. Uh, we have been, uh, discussing internally the, uh, the options for inclusionary zoning, uh, as a requirement in the Riverfront Crossings' district and will continue to over the next several months. Uh, at this point, uh ... Mr. Hanick has not requested any, uh, bonus density that we could tie a requirement for affordable housing in this particular project. Hayek: This is a public hearing. If there's anyone from the audience, I invite you to come forward. Okay, before I close the hearing let me test the waters here. This was a 7 -0 vote, uh, from P &Z. Are we inclined to go with it? (several responding) I'm seeing a majority of nodding heads. Payne: Move first consideration. Hayek: Well, let me close the (bangs gavel) hearing. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Oh sorry! Now I'll do that — move first consideration. Dickens: Second. Hayek: Moved by Payne, seconded by, uh ... Dickens. I'll give it to you (laughter) Dickens: Close enough! Hayek: Discussion? Dickens: Just think it's, uh, a great jumpstart for this area. Um, it's part of the Riverfront Crossing. I ... I know he said that a lot of the uses could be for, uh, young professionals and things. It's also going to be a great place to live, to be close to the new park. Uh, not just downtown, because there's so many other things besides just downtown, even though I kind of live downtown all the time. I think it's very important that, uh, it's bringing some population into that area that will use all the, uh, amenities that are going to be going on. Payne: And ... and I do agree that it will be kind of a jumpstart to that part of Riverfront Crossings. It's a very nice looking project. Hayek: I ... I'll be supportive. It's interesting. Typically in a conditional rezoning agreement situation, which is what we have before us, Council's presented with an opportunity to dictate certain of the parameters of the project. That's ... and that's the quid pro quo that involves the conditional rezoning. The appli... applicant gets some... some things and the City has a chance to, uh, demand some things. Um, and ... and so for example, if this weren't in this particular zoning district, I'd be more curious about, um ... uh, our conditions as it relates to the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 34 building and its amenities and so on and so forth, but here we're conditionally rezoning into a zoning code that now has a form -based code, which is essentially a set of conditions that we've said we will expect for anyone voluntarily, uh, rezoning into this. So, that allays my concerns, and in fact I think we should, you know, one reason I will support it is because this is a ... a test case. It will expose an applicant with a project to our newly created or newly adopted form -based code, and they'll have to comply with all these things that we spent months implementing into legislation. Um, so it's an exciting opportunity to see how that plays out. So ... that's my (both talking) Yapp: And my, yeah, and I think that, the form -based code parameters makes those types of standards more predictable... Hayek: Right! Yapp: ...for the applicants. Hayek: Further discussion? Roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 35 ITEM 4e REZONING MUSCATINE / SCOTT BOULEVARD (HIERONYMUS PROPERTY) — ORDINANCE REZONING 1.36 -ACRES OF LAND FROM LOW DENSITY SINGLE - FAMILY (RS -5) ZONE TO LOW DENSITY MULTI - FAMILY (RM -12) ZONE LOCATED NORTH OF MUSCATINE AVENUE AND WEST OF SCOTT BOULEVARD. (REZ14- 00008) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Uh, any ex parte communications to disclose? I only want to point out one thing, and that is, um ...uh, my law partner a few years ago was involved on behalf of the then sub- divider in an earlier iteration of this project, and his name appears on the plat that's shown, and I think it's shown just by way of the before and after, or something to that affect. Um, he's not involved anymore. Uh, I believe the applicant does not have a partner and is just doing this on its own. I checked with Eleanor's office. I don't have a conflict, but because my partner's name shows of record, I just want to, uh, make that clear, and with that ... go ahead. Payne: Sorry! I just want to say one thing also. I live very, very close to this project. I did not receive a letter so I'm assuming I'm not in the range, but I only live like three lots away. So ... since I didn't receive anything, I'm assuming I'm not in the zone. (several talking in background) Yapp: We can check on that. Dickens: 200 feet? Yapp: Uh, before I begin, the, uh, this rezoning request is associated with a preliminary plat. The applicant has requested deferral of his preliminary plat, and therefore staff recommends deferral of this rezoning, as well. (laughter) Hayek: So we would continue the public hearing and first ... and defer first consideration... indefinitely? Yapp: Indefinitely. Dilkes: Well, we ... we can't... Hayek: Yeah, you're right (several talking) Dilkes: We'll have to reset it, but that's okay. (several speaking in background) Yeah, republish, yeah. Hayek: Right. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 36 Dilkes: We can defer it indefinitely. We'll just have to republish. Hayek: Okay. So why don't we entertain a motion to... Dobyns: Move to defer to an indeterminate date. (laughs) Hayek: And continue the public hearing. Dobyns: Continue the public hearing. Throgmorton: I'll second that! Hayek: Okay, moved by Dobyns, seconded by Throgmorton. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 37 ITEM 4f REZONING 203 N LINN ST — ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4,000 SQUARE FEET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS SUPPORT (CB -5) ZONE AND LOCAL LANDMARK DESIGNATION LOCATED AT 203 N LINN ST. (REZ- 00007) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte communications? Mims: No. Hayek: Bob! Miklo: There are, uh, two parts to this rezoning application. The first would rezone the property from CB -2 which is our Central Business Service zone to CB -5, our Central Business Support zone. Uh, the reason for this aspect of the request is that the CB -5 zone, uh, which is located to the west and south currently, uh, does not require parking spaces for commercial uses. Uh, so by zoning it CB -5, uh, there'd be a wider variety of commercial uses that could, uh, go into this building, uh, particularly restaurants, which have a higher parking requirement than retail or office uses, which are allowed in the ... in the CB -2 zoning that currently applies. Um, the Comprehensive Plan encourages the, uh, the preservation of, um, this portion of Linn Street. The, uh, area has a, uh, smaller scale, um, when compared to downtown and the Comprehensive Plan recognizes that and ... and ... and recommends that it be preserved, and that leads to the second aspect of the rezoning, which is ... is, uh, also designating this as a landmark, or a historic landmark. Proposed CB -5 zoning, uh, does allow taller buildings than the current CB -2 zoning, and so the concern is to ... to assure that that doesn't encourage the demolition of the building, the landmark status would be accompanying, uh, the... or would accompany the C13-5 zoning. Uh, this would require the Historic Preservation Commission to approve any significant changes to the exterior of... of the building, including demolition. Um, even with this protection, there was some concern expressed that if the building is destroyed by fire or natural disaster, the CB -5 zoning might result in a building that's out of scale with this ... this neighborhood. Um, to address this concern, and to keep the scale of the property in compliance with the, uh, with the Comprehensive Plan for the area, uh, the applicant has agreed to a Conditional Zoning Agreement that would limit any, uh, redevelopment or rebuilding, uh, to 45 -feet in height, which is the ... the current CB -2 zoning. Um, both staff and the Planning and Zoning Commission have recommended approval and there is a Conditional Zoning Agreement that addresses that one concern. Be happy to try to answer any questions. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 38 Throgmorton: Am I correct in understanding that a future City Council could, should it so desire, uh, change the conditional rezoning agreement? Miklo: That's true, and that would (both talking) Throgmorton: ... with the agreement of the developer (both talking) Miklo: ...it would go through the public process, just as we're doing now. Throgmorton: So there's nothing sort of... (both talking) Dilkes: That's true of any rezoning. Mims: Does the ... Bob, does the ... that agreement on the 45 height, is that ... that runs with the property, in perpetuity basically unless the (both talking) Miklo: ...just as the others (both talking) Mims: ... others (mumbled) Okay, thank you! Hayek: Any other questions for Bob? Anyone from the audience wish to address us? Clark: Good evening, Sarah Clark, uh, Northside Neighborhood Association and um, I'm here to say that the, uh, I know in the packet I think you saw a couple of very last - minute, uh, emails that were sent literally the day that a Northside email was sent out to the P &Z Commission regarding the ... the height concern. Um, and then at the P &Z meeting that night, the uh Conditional Zoning Agreement regarding that height, locking in place a CB -2, was announced and that allayed a lot of concerns. Um, the neighborhood, of course, is very, very pleased to have this be declared a local landmark. Um, and ... but it was that height thing that just concerned us, but with the ... the CZA in place, um, and we are aware that a future Council could change that, but woe to the future Council that tries to change it (laughs) At least if some of us are still around (laughter) and living in this town! (laughs) Um, so, urn ... there was no ... when that... what... what transpired at the ... at the Planning and Zoning Commission when that was shared with the neighborhood, um, I did not receive any comments back saying, `Oh no, blah, we're really concerned about that.' Uh, and I know that the entire neighborhood really wants to have... it's a ... it's a key corner. It's a lovely building, very simple, but ... very fond of it and the fact that it's been empty for a while. I mean, you really notice that and we all look forward to having something really wonderful that fits the neighborhood in that space, to keep that a very vital, so um ... there was not going to be a neighborhood object... objection on this, and I just want to say very quickly, um, I was very pleased to hear just a couple of, uh, items before, talking about form - based code, because I know that there are those of us (laughs) who would like to see form -based code moved into other parts of town, so .... that we would not maybe have to be confronted with all of a sudden, `Oh gosh! This is going to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 39 become a CB -5,' and then we all have to panic for a while till we can get something worked through. Um, I think... a bigger picture, something (mumbled) would be really great. So, thanks! Hayek: Thank you for the comments. Anyone else? Digmann: Um, I'm Kevin Digmann again from Hodge Construction. I don't know if anybody knew this was Mike Hodge's property. He's out of town this week, so he just asked me to ... if there's any questions, but again, you know, Mike likes... these historic buildings. I mean, he may sometime come inside and renovate the inside of the units, but he ... he very much likes the building and he wants to keep it the way it is and ... and this is what he worked out with the City to ... to make this happen, and he's got a... a small restaurant guy that wants to come in and that he's really encouraging, trying to help him out with, so ... and as downtown continues to grow and more and more people live there, I think these kind of instances will happen where, you know, I mean, move across the street and it's okay, but you can't do it here, and these neighborhood restaurants are really what people are going to enjoy, so ... um, thanks for your support. Hayek: Thanks! So the, uh, P &Z supported this on a 5 -1 vote. Um, are we inclined to go with that? I'm seeing nodding heads. Kingsley, you don't get any credit out there, but I guess I don't need your nodding head (laughter) Uh, okay, I'll close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Mims: I think this is a great project and ... and when I first read it, I mean, I would not be supporting this without the CZA and the limitations on that building. I mean, I think that's essential for the Northside is to have that protection, but with that protection, um, having that additional flexibility so we can have good, productive, active businesses, which are so vital to the community, um, I'm very supportive. Hayek: I think it's a creative solution, uh, to ... to ... to a challenge on that site. Payne: That was kind of what I thought. It seemed like they were thinking outside the box when they came up with the solution to the problem, and I also think that it's great to have little neighborhood restaurants. It's really ... it's quaint and... Mims: Yep! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 40 Payne: Draws people to the area. Hayek: Further discussion? Throgmorton: It's a fabulous micro - neighborhood, so I'm ... I'm thrilled about this, and I'm... praise Mike Hodge for proposing it. I also noticed there's really interesting historical detail, uh, which our Mayor probably knows all about deep in his bones, and Terry does too probably, but ... uh, great information about (can't hear) right? And about the ... the way the neighborhood was built up and built out, um, way back when. Fascinating material. So, anyhow, it was great to read about and I'm thrilled about the project. Hayek: Yeah, I kept finding myself reading that, to the exclusion of the rest of the packet (laughter) Every now and then there's something interesting in there! (laughter) Okay, further discussion? Roll call, please. First consideration passes 7- 0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 41 ITEM 4g REZONING FIRST AVE & HICKORY TRAIL (ALLEN PROPERTY) — ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 3.6 ACRES OF PROPERTY FROM SINGLE FAMILY RESIDENTIAL (RS -5) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD -5) ZONE LOCATED AT THE NE CORNER OF FIRST AVENUE AND HICKORY TRAIL. (REZ- 00005) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Uh, any ex parte communications? Throgmorton: Well, I'd like to say (several talking) Hayek: Sounds like everybody's (both talking) Throgmorton: We've all received emails and maybe other forms of communication, but I in particular have received some directed to me personally. I ... I always respond, or try to always respond to those kinds of emails. So in this case what I did was thank people for expressing... sharing with me their concerns, and indicating that I'd take their ... their, uh ... um, concerns in ... into account tonight when ... when I end up voting. Mims: Um, I met with Bill and Ann Synan last Saturday, um, to hear their concerns and ... and, you know, all their issues that they have with this and ... and view some of the photography that they have of the thing. Uh, I think I had a, just a very brief discussion with the City Manager, um, expressing my thought that this was ... might be a difficult one for us. Urn ... I think that was it. Hayek: (mumbled) ...keep going in order. I, uh, was invited by Bill and Ann Synan, uh, to their home, and I went there yesterday afternoon. Um, they showed me some photographs, which I think we've received in our ... in our packet. Uh, was there for about 20 minutes, um ... and they obviously... they... they expressed, uh, concerns about this that are consistent with the written materials they've, uh, given to the Council. Dilkes: And I assume that's the case for you too, Jim? Throgmorton: Uh, what's that? Dilkes: That the objections that you received from people are consistent with the written material that you received? Throgmorton: Oh sure! Yeah. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 42 Dickens: I met with Bill and Ann Synan as well. I was a Saturday afternoon matinee, so I stopped after work and met with them for about 20 minutes and ... and went on the back porch just to look at the property and ... and where the, everything was going, and that was pretty much the extent, other than the emails. Payne: I also have had some emails that I did ... I did not respond to like Jim did, and I have had conversations with Rick and with the City Manager, um, just about the project in general. Dobyns: And the conversation I had with Michelle was actually on -site. We toured the site, took a look at it, and basically discussed the map, the geography of the, uh, area, and its relevance to this zoning request. Dilkes: Okay. Is there anybody who had a ... who received an objection that is not otherwise reflected in the minutes of P &Z, or the correspondence that you have received? (several responding) You're all shaking your heads no. (several responding) Okay. Dobyns: And I did have a discussion with Charlie Eastham, uh, from Planning and Zoning, um, very relevant to the comments he made that are part of the Planning and Zoning Commission minutes. Hayek: Okay. Get that out of the way! John! Yapp: Uh, this is a ... this request is for a rezoning to a planned development overlay, OPD -5, uh, and a preliminary development plan. This is an aerial view of the property, which is north of Hickory Trail, and east of First Avenue. This is a view, uh, standing near First Avenue, looking to the east, uh, to the ... the rear of the homes on Cypress Court. And this is a view standing on the property, uh, looking south to the multi - family building on the southside of Hickory Trail. Uh, the applicant has requested a planned development overlay 5. The current zoning is RS -5. Uh, single - family. The, uh, planned development allows the applicant to cluster, uh, density according to what they could achieve, according to lot size and lot width in the RS -5 single - family zone. Uh, this graphic shows that 11, uh, single - family lots are possible, and that's where the applicant came up with the 11 -unit multi - family building. Essentially clustering that density into a single building. Mims: John? Yapp: Yes! Mims: Before you go on, given the topography of that land, would all I I of those be actually buildable lots? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 43 Yapp: Possibly. But our planned development ordinance does not, uh, it allows you to cluster density according to what you could achieve given lot size and lot width in single - family zone. It ... it does not ... detract from that based on the topography. Mims: Thank you. Yapp: And that ... that's part of the intent of the sensitive areas ordinance is to actually encourage clustering to avoid, uh, areas of difficult topography. Throgmorton: I actually heard a slightly different question than the one you answered, I think, John. I ... following existing code, how many single - family lots could actually be built there, not how many are, you know, authorized given the ... the land area, but given the topography, how many could actually be built there? Yapp: I can't answer that. I have not studied that question specifically. Throgmorton: In that context, wouldn't a developer have to comply with, uh, a sensitive natural areas ordinance? Yapp: Yes, and they ... and they have by clustering the density away from... Throgmorton: If the developer chose to do single - family buildings — I'm not advocating, I'm just playing out a hypothetical here. Would not the developer have to comply with the sensitive natural areas ordinance? Yapp: Yes, and under the sensitive areas ordinance, you could reduce lot sizes and setbacks and so forth, in order to achieve the 11 units. Dilkes: Does the sensitive areas ordinance apply to single lot development? I'm not sure it does. Yapp: It does not apply to an existing single - family lot. Dilkes: Right. Yapp: But for a subdivision, uh, yes. Dilkes: It would? Yapp: Is that accurate, Bob? Oh, Bob left! Yes. Dilkes: (unable to hear, away from mic) Throgmorton: Okay, well... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 44 Hayek: But I ... I think John did answer the question in that ... he can't say for sure how many lots on that particular parcel could be developed, but that for purposes of the clustering under the OPD ... program, the ... the applicant gets credit, for lack of a better word, for... Throgmorton: For the purposes of clustering. I understand that (both talking) Payne: For the purposes of what we're doing, what they could actually physically build based upon the topography is really irrelevant. It's based on size of the ... of the parcels. Hayek: I think that's correct. Yapp: That is ... that is correct. Hayek: Yeah. Okay, sorry. Keep going! (laughs) Yapp: Uh, this image shows the, uh, preliminary sensitive areas development plan that the applicant has proposed. Uh, besides the clustering, there are two minor setback adjustments, uh, to the proposal. At the front for an, uh, entranceway which extend slightly into the 40 -foot front setback, and at the rear, the, uh, 20- foot rear setback applies to the, uh ... extent of the wetland buffer, which I'll... which I'll get into, uh, it's slightly below that 20 -foot rear setback at the rear, at a ...at a couple spots. However, a majority of the property, over 90% according to the applicant's calculations, will be green space. Throgmorton: John, can I interrupt you for a second? Yapp: Sure! Throgmorton: Not all of us can read those ... a map like that (both talking) Yapp: I have a better... graphic (both talking) Throgmorton: ... for my purposes, it would help if you had a pointer... Yapp: Oh! Throgmorton: ... and could point to ... for all of us, to where the major features of...of this particular project are. The retaining wall, for example, uh, the, I don't know... I don't know if it's a conservation easement or whatever that inverted L shaped part of the land is. You know, the major features of it. Help us read the map! Yapp: Sure, and I ... I do have a better graphic in a few slides ... that will help show that. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 45 Throgmorton: Well I can tell you I tried to look ... look at this map very carefully on line. I could not read it, I mean, I was able to interpret it, but I could not read it, literally! Yapp: Sure! The, uh, building is proposed at the northwest corner of the site, uh, with a single access to First Avenue. Uh, a majority of the parking for the building will be under the building, uh, minimizing paving on the property. Five guest parking spaces are proposed, uh, at this location. Uh, the wetland has been identified along the eastern edge of the property. Wetland and stream corridor. Uh ... our ordinance does require a 100 -foot wetland buffer, which is shown with this dotted line here. Throgmorton: Is that where the... the... the top of, the east ... no, the eastern edge of the top of the ridge is? Yapp: The eastern edge of the top of the ridge... Throgmorton: You know if you stand... if... if you're at that property (both talking) Yapp: Be right about (both talking) yeah, right about in this area ... I believe (several talking in background) Uh, regarding the wetland, the wetland was delineated with a ... with a past proposed project for this property. Uh, has not yet been reviewed by the Corps of Engineers. That would be required prior to any final plan approval. Uh, however, we are at the preliminary plan stage. This graphic is a little more easy to read, and the next slide, uh, is easier to read, uh, than this one. Uh, this shows the proposed landscaping plan for the property, including, uh, new trees at the rear of the property and along the right -of -way, as well as screening, uh, of the driveway and parking area. Uh, this graphic is the one I was referring to, which the applicant provided to, uh, highlight the green space provided on the property, as well as to highlight how they feel the, uh, proposal complies with the goals of the, uh, planned development plan, and I'll let the applicant, uh... go over this themselves. This is an image of the proposed building. Uh, this is a view from First Avenue. The building is proposed to be accessible, with an at -grade entrance, uh, to First Avenue, and all the units in the building are proposed to be accessible. The building does have a proposed elevator. Uh, the building is broken up into bays and balconies. And ... the applicant has shown that they can comply with the 35 -foot height limit, which is an average height around the building. This is a view of the southern side of the building. Uh, the retaining walls that you see, uh ... bracket the driveway and guest parking areas into the building. Uh, the garage doors into the underground parking are shown here on the south side of the building. This would be the driveway coming into ... the building and this would be the accessible entrance into the front of the building, off of the First Avenue sidewalk. And this is a view of the rear of the building. One of the, uh, requirements in the City's multi - family design standards are for any, uh, exposed walls associated with underground parking that they have windows, uh ... to mimic a residential appearance, and those are shown on the... (several talking in background) that southern tier of windows along the building. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 46 And this is stepping back further, another rear view of the ... of the building, uh, with the driveway off of First Avenue shown. Uh, the Planning and Zoning Commission asked staff to give the percentage of multi - family units in this neighborhood compared to other neighborhoods. Uh, this is identified as the Bluffwood Neighborhood in the Northeast District Plan. Uh, and we found that with ... with the multi - family buildings on the west side of First Avenue, the Bluffwood Neighborhood has approximately 43% multi - family units. Uh, we compared that to the Lindemann Hills Neighborhood, which is a nearby, uh, neighborhood. Uh, and that has 48.4% multi - family units. One thing I want to mention, this is a point in time comparison. These neighborhoods are continuing to develop. And then we compared that to the Willow Creek Neighborhood on the west side of Iowa City, uh, which contains 61 % multi - family units. Uh, we have received a considerable amount of correspondence, uh, which is in your packets and it sounds like some of you have received correspondence individually, as well. Uh, we ... we've received informal petitions and formal, uh, protest of rezoning petitions. The, uh, this map represents the formal, uh, protest of rezoning petitions we have received, uh, representing approximately 60.6% of property within 200 feet. Uh, their owners have protested. If 20% of property within 200 feet protest, it does trigger a super- majority vote requirement for City Council to approve, uh, which is six out of seven, uh, Council Members. They have met that requirement. Planning and Zoning, uh, Commission recommended approval by a vote of 4 -2. And staff has recommended approval. Be glad to take any questions. Payne: That front stoop that will extend into the setback, will they have to go to Board of Adjustments for that? Yapp: No, that can be approved as part of the planned development. Hayek: Any other questions for John? Dobyns: I did have a discussion with John earlier today, um ... I had some, uh, John, you want to bring up that picture that I showed you. (both talking) Yapp: Sure, um, Mr. Dobyns asked me to bring up an image of the ... uh, project on the west side of First Avenue at Hickory Trail. Dobyns: The reason I brought this up was that, um, a Council decision, um. ... this is the picture... sometimes I wonder if the pictures that we see today to make a zoning change, uh, decision are really reflective of reality. So, um, when I drive north on First Avenue toward ACT, on the west side I see this really large, um, retaining wall and this development. Um, which I think is quite severe, and has been noted in ... in multiple correspondences we've received, and so I was testing the case — was what's true today true before, and those of you who were on Council before I guess had seen this in the past. I take a look at this and, you know, the use of angulations from First Avenue, the softening with a lot of, uh ... uh, foliage, um, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 47 really doesn't make it look anything like what it looks like today. And I realize they're going to try and soften it. Um ... and so I just wanted to bring this to our attention, because is what we're looking at today in helping us make this decision really what it's going to look like, um, and, John, if you could go back to pictures before that are in our packet, especially from the east side fagade, urn ... right... Payne: That's the front. Dobyns: That's the (both talking) Yapp: From the rear? Dobyns: Yeah, from the ... yes. Now, is what we see is what we're possibly going to get? And I used that back, uh, in the past because, um, you know those ... I don't want to duplicate, um, something that may have been missed before, just because the images that were shown, cause, Jim, I agree, um, 2 -D is hard to read, so I asked for a good 3 -D. Is this an accuw ... accurate 3 -D, because if you noticed that the land around it is really just sort of thrown in. It may not be the most accurate representation of what is there. Um, and I ... I do have a concern. I think I get a good look at the retaining wall here. It doesn't look very severe. This is the view from the ... people in the adjacent neighborhood. Payne: Can you go to the next picture, that shows it backed up just a little bit more? Nope! Yeah, that one. Dobyns: Yeah, that's a better view. Thanks, Michelle! Um ... now that doesn't quite look so severe. What I'm thinking what you all saw a couple of years ago on the, um ... uh, rendition on the other side of the street, it didn't look so severe either. And so I'm being asked to make a vote together with my eyes. I went out there, but there was no building for me to look at. Just geography. This is the only thing that I can see. Um, it actually looks pretty good to me, but then again... it also looked, from what you guys saw a couple of years ago, looked pretty good too! Throgmorton: Don't look at me! (laughs) Dobyns: And it sure doesn't look good today! Um ... and so my concern is there a better, more realistic rendition that, uh, cause there are some el ... you know, and I'll talk later, there's some good elements about this. But I'm still concerned, um, I'm just cautious! Um, especially since some of the people on ... living nearby brought this up. I ... I don't want to do what happened a couple of years ago and not get the best three- dimensional visual. Thank you, John. Throgmorton: I guess I'll ask one ... one very brief follow -up question. The retaining wall in this particular instance is what, approximately 7 -feet high, 7 -feet tall? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 48 Yapp: It varies. I'll let the applicant address that. Throgmorton: At ... at its maximum, approximately 7 -feet tall. Jesse, I'm sure (both talking) Yapp: I think slightly taller than that at the building. Throgmorton: And... and the other one is considerably taller, like at its maximum something like 11 -feet. Am I right? I mean, this ... this is what I remember reading anyhow. Yapp: Across the street? Throgmorton: Yeah. Yapp: I think approximately, yes. Throgmorton: Yeah, thanks! Hayek: Okay, John. Stick around! Uh, this is a public hearing. If the applicant would like to address us, that'd be ... great. If members of the audience would, that would be welcome, as well. Allen: Hi, I'm the applicant, Jesse Allen with Allen Homes. I'll start with talking a little bit about how we derived at the project. I ... I live on the east side of Iowa City and drive by the site every day. It's been for sale for, uh, many years. I do agree, um, with some of the neighbors that are here that have some concerns that it is a very challenging site to build on. And that's part of the reason it's been for sale for many years and uh ... um, the many times that I looked at it over the past three or four years, um, I have a relationship with the owner and when push came to shove he said, you know, either you're gonna buy it or somebody else is. I'm out of the property, and uh, so I took it upon myself to start working on the project and develop a plan that ... that is ... is developable on the project, and when we started lookin' at this, we noticed there's... there's a lot of slope, there's... there's an existing wetland, required with the wetland buffer. There's the dotted line that's represented on the, uh, MMS survey plan. And, uh, with that ... there's some... some density changes in the Bluffwood Neighborhood that have gone, you know, on pretty recently, like some of you guys were talking about. Um, the Jeff Miller project and, um, the one across the street, which is OPD -8, to our west, and the one to the south, which is RM -12. So we ... we knew that we wanted to kind of stick with the density that was in place, which is RS -5. In looking at that, um, we ... we chose to go to an OPD -5 to cluster the ... the development, and when we clustered it, we looked at locations for the building site. And as you can see on our map, we ... we put it in the far ... you know, north, northeast, northwest corner of the site, where it's ... as the developer, it was more challenging, but for the neighbors to the east, you know, we're 355 feet from the closest house, you know, I've ... I've met with some of them on site. You know, they're here today. Spent three hours on a Saturday. Um, we had a very nice, friendly neighbor This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 49 meeting. You know, it was very informational for both sides — for me as the developer and for them as neighbors. And with that there was a lot of changes to our site plan that we've been workin' on. And, you know, since, you know, the beginning of May. Um, one of them I would like to point out, we did have an existing retaining wall that went the length of the building, and it was on the east side of the building, about 10 feet out. So we heard some, uh, some neighborhood comment. We chose to take that retaining wall out and grade up onto the building a little bit more. We also heard some comments from the neighbors to remove the headlights from pointing at their houses. So we switched the guest parking from the ... it was originally on the east side, and now it's on the west. In doing that it created a little retaining wall in the hill, which we ... we assumed would be a greater evil to keep some of the neighbors happy, point the headlights away from them. Um, we were also asked to add some trees, some more greenery at the, uh, east side of the building, which we were addressed, and you can see in the, uh, 3- D renderings where there are a lot more, you know, than on this picture which we will be planting and ... and monitoring all of those. There will be a conservation easement as part of the homeowner's association because these will be for -sale condos that will monitor that conservation easement. Um ... this is 3.5 acres, 3.6 acres, and it's something that personally as the developer I was pretty proud of because I saw Jeff Miller's presentation almost a year ago, um, where... whereby developing and clustering the development, we're able to protect for perpetuity all the wetlands that are existing on these sites, and all the trees that are existing on these sites, cause that was something personally I was pretty proud of. I'm going to be able to bring a project to you guys, and to the neighbors, that we are protecting all of the trees on site, and we ... we did choose ... chose to...put it in this location because of the existing trees there. You can see from the pictures on the slideshow with the leaves off the trees, and you can see today what it looks like with the leaves on the trees. All those trees will remain there, you know, as they are currently, which will act as a natural buffer for the neighbors and for the, uh, you know the traffic on the First Avenue street there. Um, I want to go over a little bit of the building design standards that we want to achieve which are compatible also with the OPD zone, the planned overlay zone is what we choose to, uh, consider. We wanted to use flexibility in design, placement of clustering of the buildings. We wanted to put it, you know, up in a corner where it was screened by natural, mature trees. Um, we're ... we're trying to use the best use of open space for this project, and the Comprehensive Plan for the Northeas ... North- east District that talks about Hickory Hill Park, how it was recommending to have open space across from it. I feel that we're achieving that well by pushing the building on the opposite corner, and protecting that corner for the entrance of the Bluffwood Community as green space. We also chose to add some benches and walkways there that we've been workin' on the last week. Also as kind of a sitting area, you can kind of see on the lower left -hand corner there, as a sitting area for birds or natural wildlife that are out in this three and a half -acre property. Um, number two is to encourage the preservation and best use of existing landscape features through the development that is sensitive to the natural features of the surrounding area. I felt by, uh, putting the building in this location, it'd be This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 50 pretty attractive and it would achieve ... this design. Number three is to promote energy efficient land use with small utility and street networking, while maintaining pedestrian- oriented street frontages. By choosing this design we have one curb cut onto First Avenue. There was some concerns, uh, from the neighbors, before the friendly neighbor meeting, that traffic backs up from ACT and from Regina in the early- morning hours off of Hickory Trail. So I didn't want to put our curb cut onto Hickory Trail. We could of ran it down and dumped it on a smaller collector street, but we chose to put it on a busier street so that we didn't introduce any more traffic to their neighborhood than was already existing there. Number five, we wanted to promote a... a safe living environment compatible with the surrounding residential development. We chose a ... a building plan that has some peaks. It has some higher roof lines. We could have done a flat roof here, but we achieved the height distance, you know, we achieved the compatibility with the neighborhood. Lot of the houses to the east of us, you know, are fairly large. They have fairly ... big walk -out lots and they have a really tall roof line. If you look at `em from the site. So we felt that this would kind of match what was existing in the neighborhood and try to blend in with the surroundings. We also felt that an energy efficient building by adding an elevator would be attractive to have long -term tenants, less turnover, and promote a safe living environment for eld... elderly people or young people moving to town, working at ACT. Um, the 11 units was kind of a ... odd number to land on. What we chose to do was five units on the first floor, and six on the top floor. Um, the ...kind of the space that was left out would be in the northwest comer ... on one of those pictures, like from the west, you can kind of see how there's no windows there. That space we've designated as a locker area. Um, in some larger cities, they will have more space for storage in some of the buildings where they cluster housing, and this will, you know, give room for the people that buy a unit or a condo, um, more room for storage. So each unit will have its own locker space and this will promote, you know, extended, you now, stay and longer turnover, which'll be very attractive for the people that buy these units. Um, and number seven is to encourage in -fill development. You know, that's kinda why we chose to cluster this neighborhood. In looking through the Northeast District Plan, that was developed in 1998, you know, it...it talks a lot about providing open green space and buffers between urban development and sensitive features. This has a lot of sensitive features and a lot of urban green space, such as woodlands, wetlands, and creeks. This site has all three of those. It incorporates maintaining an open green space buffer between Hickory Hill Park and urban development to preserve a natural integrity of the park. It's a great example of how we're protecting Hickory Hill Park by having this green space here. We're also preserving the 100 -year flood plain as a natural corridor by not impacting any of these wetlands. We're also integrating storm water detention ponds with natural drainage areas such as creeks. When I was reading through this, this was also something that we added early on was a ... a rain garden to kind of collect, store, and maintain some of the storm water runoff that we would have from the lower level parking. So we also added that. You can kind of see that, just ... just east of our building there. It's kind of a small dotted line ... which will be attractive for a This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 51 lot of the existing wildlife in this area. Using a conservation design principle to locate streets, utilities, and structures in a way to minimize disturbance of natural features and treating environmentally sensitive areas as amenities. You know, we're putting a lot of amenities in the building to attract people. We have a lot of green space. So from a real estate standpoint, it's pretty easy sell to get somebody to move into this neighborhood. The Northeast District Plan also talks a lot about, uh, reasonable develop... developable of...level of housing diversity. That's something that came up a little bit tonight. Um, there is an older building to our south that's currently full, that I'm aware of, and the building that is to our west, I believe, is 16 units and it's my understanding that there are eight contingent right now. There is some larger housing, um, up on the corner of Rochester and First Avenue. There's a 48 -unit site there, which would be a large, you know, residential building and two buildings, two 24s, and then across the street to the, uh, west there, I think some of you were involved in the redevelopment of those townhouses... that would kind of back up to Regina there, eventually. And... on the Northeast District ta ... Plan talks about using traditional neighborhood design concepts, and locating small apartment houses and adjacent to neighborhood commercial areas and intersections (mumbled) and collector streets along ar... arterial streets and near institutional facilities and parks. That's why we chose to do a smaller apartment building. We thought it would blend in with the Comprehensive Plan cause there ... quite frankly isn't any small apartment buildings in this area, or in this district. Um, the plan also talks about different, uh, types of neighborhood design. There is the conventional subdivision design, which you know you've seen in a lot of areas where there's, you know, farm ground that turns into housing. You now, there's ... it's tougher to get a lot of green space, you know, there's a lot of changes in those areas. There's traditional neighborhood and there's the, uh, conservation neighborhood design. I feel that, you know, the Bluffwood community and the, uh, Hunter Heights quadrant, there's a conservation neighborhood design. That's why we chose to keep our density low, stick with the zoning that was already in place, and cluster the buildings in order to preserve the natural woodlands and slopes, and the, uh, wetlands that are existing. It talks about conservation subdivision designs that are especially appropriate in these areas containing steep slopes, woodlands, and stream corridors, all this we have. The features that are prevalent in the Bluffwood area and portions of the Hunter Heights quadrants. And then finally the plan recommends a pattern of traditional and um, neighborhood development with its interconnected grids of streets and flatter areas, but it is hillier in Hunter Heights and Bluffwood quadrants, throughout the Lindemann Hills. Larger rural areas. For these areas they're recommended to be more of a conservation design, which is why kinda we stuck with this design and ... and I wanted to stand in front of you tonight. I know you've made some difficult decisions with our Rochester Ridge development. We were able to show that we can develop in ... in-fill development and the wetland that was there previous still stands the way it is three years ago when we started, and you know, we haven't had any impacts with that. There's still a lot of wildlife out there, a lot of houses, and it's turned into a really nice neighborhood, and I know just half a mile from this site we've also This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 52 gone through the Palisades development where we had to make some choices to remove some trees in order to do a street connection, and this site is a little bit different where I can stand here and, uh, talk to you guys about how we were able to stick with the code, stick with the OPD development standards, meet all those guidelines, and protect all existing woodlands, wetlands that are on -site, and the trees. So ... is there (both talking) Hayek: ...questions for Mr. Allen? Okay. Stick around! (several talking) Wait, Jim Throgmorton (both talking) Throgmorton: I do want to ask you a few questions and ... uh, more ... more to probe your sense of what you were trying to accomplish. Uh, and I ... you've done a great job of laying out things so far, but bear with me for a second. So, I ... I'm sure you're aware that, uh .... a variety of people have, uh, suggested that it would be good to build townhouses or duplexes instead of putting everything into a single, uh, into a single building. So I wonder, first of all, whether you ... whether you considered that possibility (mumbled) being to put up just, urn ... perhaps a smaller number of, uh, of townhouses, uh, and /or duplexes. Allen: Yeah we ... right now currently the property has two single - family lots on it. So right now two single - family lots could be built. You know, they could be sold. They could, you know, build two single - family homes, two curb cuts. So that's currently what we have, just so that everybody knows. There wouldn't' be any protection for the wetlands, at all, you know, unless there was, um, a subdivision change. We'd have to go through the subdivision process to add more lots to the current plan that's there. Um, we did look at doing townhouses, duplexes, a variety of...a mix of more buildings, you know, maybe step up to RM -12 or OPD -8. Um, the ... the pinch point here was the 100 -foot buffer line. That's kinda where it makes things really difficult to develop and for ... you know, me to stand here and ask for a rezoning but yet I'm impacting a 100% of the site, I don't think the neighbors would be happy. Then everybody has buildings behind `em, on both sides, and I think that, uh, it would have made it very difficult because of the ... all the, A curb cuts on First Avenue. And ... really it was, came down to, Jim, it was just very tight. Throgmorton: If I could, Jesse, I ... I guess I just wasn't speaking clearly enough. I ... I certainly did not mean to suggest that, uh, that you should build in the wetlands or use up much more of the existing meadow on the steeper slope going down toward the wetlands. I meant on ... on the other part of the property that is more up on the... the bluff, closer to the road ... closer to either of the roads actually. Had ... had you thought about putting in townhouses or row houses, not row house ... or duplexes instead of a single ... one single large building? Allen: Yeah, the difficult thing with townhouses is front doors have to face a public street. So you're loading everything from the rear, typically. So you ... you talk about a private... private road from the rear, and with this pinch point on the 100- This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 53 foot distance from the wetlands, we'd be impacting that. So we'd be into the wetlands to get access to townhouses. So we did look at that and it didn't work. Throgmorton: Okay, thanks, uh ... if I could I'll ask one or two more questions. Uh ... I ... you've chosen to place the building in the far northwestern corner of...of the site. Uh, had you considered the possibility of locating it in the southwestern corner, and treating the building, uh, designing it explicitly to be a part of a gateway to the Bluffwood neighborhood, and by that I mean ... taking advantage of the ... the design of the existing building on the southeastern part of the intersection ... the existing multi... Allen: Uh huh. Throgmorton: ... unit building, and the nearest single - family home on the left as you drive into Hickory Trail. In other words, a ... a lot of residents have said, you know, it's a gateway to the neighborhood. So, had you considered... putting the building down there and really trying to design it as something that neighbors would recognize as a gateway? Allen: Um, the uh ... again, the 100 -foot buffer line really gets too close on the south corner and we wanted to keep green space, so ... we really, the building does not fit on the buildable area on the south. That's why we chose to ... if you kind of look at the architecture, it kinda ... the lot flares out to the left, so we wanted to gain more distance, at kinda the top north... northwest corner. Throgmorton: Okay. Thanks. Dobyns: Jesse, I would request that if this, uh, makes it to a second consideration that, um, with my concerns earlier, um, of transparency, I've realized that I'm taking a look at the, uh, west, um ... elevation, uh from where the, uh ... uh, houses east of the, uh, site would look at. Would you be able to provide a similar picture that has the softening, uh, foliage removed, the large evergreens and the small evergreens, so we can take ... get the best possible look and, if you can improve sort of the surroundings. It looks like it was, um, sort of photo- imaged, Photoshopped in (laughs) Allen: Yes, yes, I ... I can definitely (both talking) Dobyns: (both talking) ...you know, and I ... I realize that you're putting those evergreens, and I appreciate the attempt, but if this gets a second consideration I would like to take a look at it in... sort of in the raw. Allen: Okay. Dobyns: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 54 Hayek: Other questions for Jesse? Okay, thank you! This is a public hearing. If anyone from the audience wishes to address us, we invite you to come forward! McDonald: Hello, um, my name is Bruce McDonald. I live at 855 Cypress Court. Uh, this new condo would go up directlky in my backyard. I have intimate knowledge of the topography of this land. I've ... I'm a mathematician. I've been in construction for many years as a child. My father's a general contractor. I have a good scope of what's going on here. Um ... first I would like to say that ... to address Mr. Dobyns' questions about the, uh, projections that they make up here. I do believe they are not correctly, uh... shown. I think they continually try to de- emphasize the slope of the lot, for sure. I've been back and forth with emails on John Yapp on this. Um, little things, for example I don't know if I can show it but ... the elevation it shows the entry that comes into it shows... doesn't show how the road comes off First Avenue and down. Looks like it's just a simple ... just go into the garage and nothing happens, but if you stand there and you look at that and you see how that is, they come off First Avenue and they go down like this and curve around. There's no two ways about it, and those headlights are going to flash across all our backyards, into our windows, eye level, every time they come in and there's just no way about it, unless you have a 60 -foot row of pine trees there, and it's going to be a lot of years before that happens. So I don't think they accurately depict what it's going to look like. The other point I'll make about this topology is when you look at it from this perspective on a flat map, it doesn't really show you what it is. When you stand in my backyard and the slope goes like this, anything on this side looks like it's right on top of you. If this were flat and there were trees, it wouldn't be as big a deal, but because the topology goes down, I have lots of trees on the bottom of my lot, but it's going to be 60 years before they grow up and even hide the bottom of this thing. When I'm in my backyard, I'm going to have people looking at me on my ... from their porch, and it's not going to be very nice. So I'm very much against this. I'd also like to mention something that, uh, one of the members of the Planning and Zoning Commission brought up. That ... you know for 30 years no one really cared about these lots and then First Avenue goes through and then the condos start coming in down First Avenue, and then the dollar signs start coming on to the developers' eyes. So they start buying the lots and puttin' condos up, and for 30 years that sat there, zoned R -5, and ... for 30 years these houses were built up over there, and my house is 28 years old. For 28 years it's looked at this. And ... now after the fact, after all this has gone through, they want to go change it to R -5, something that we knew was R -5, expect to be R -5, or at least expect to be a transitional zone. There's a ton of condos down there. We are not totally against development of this land. We just want it developed in a way that is palatable to us, and having a big condo like this is not very palatable to us. I would much rather see two or three duplexes on there. I don't think curb cutouts are an issue. I think that can be mitigated. One curb cut out per building is not that bad. You don't have to do it like they did up on the other side. They made, you know, that was early development. They just ... made a ... a mess of that. Um ... I think these duplexes can be done and can be done nicely. The open space is of no value to me. To This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 55 pretty much any of us down here, cause all we do is we see this giant monstrosity that Mr. Dobyns had said looks terrible when he drives by it, and that's what it does — it looks terrible! And that's what we see right through that open space. We just see that giant thing and it's right on top of us. Thank god it's on the other side of the road! But this one's going to be on our side of the road. The topography of this land is those trees are going to be 50 years before they hide anything, and they'll never hide the entire thing from me. He's trying to hide it, but he can't, because of the topogra ... topography of the land. Uh, another point I'd like to make out is, they talk about Bluffwood, and this is in the Bluffwood community, but it's also ... part of First and Rochester subdivision. These lots are in our subdivision. They are zoned RS -5 because they are in our subdivision and I feel that this subdivision has always been slated as being single - family home, and I would like to see it stay that way. Or at least I would like to see something go in that is agreeable to all parties involved, and I think being here as a long -time homeowner, we do have a say in what should go up here. And ... I think just looking at this one plot kind of gives you a micro -view of the situation, but when you look at what's going on down all First Avenue, you have to take that into consideration when ... when you vote on whether another condo building should go up ... on ... on a lot that's been developed for 30 years as single - family. And I think the City has a right, as John Thomas said, has a responsibility to consider the existing homeowners, because this is an in -fill project. This isn't out in the outer fringe of some development where it doesn't matter, you just throw up a condo. The City let development go in Hickory Trail for 30 years, and now they say they want to put a condo next to it. I think that's wrong, or at least the people who live there should have a voice ... in what goes in there. That's it. Thank you. Hayek: Thank you for your comments. Synan: Hello, uh, Councilors and Mayor, um, my name is Ann Synan and um, I thank you for the opportunity tonight to speak against, um, the, um, proposed rezoning of this property that we're discussing tonight, for the purpose of developing an 11 -unit, um, 11 multi -unit dwelling, or as it's also known as a clustering of units. Um, my husband Bill and I moved to the Bluffwood neighborhood to Cypress Court, which you can see on the map is directly behind this property. We moved 20 years ago next month, and we bought the land, asking what that ... what our house, excuse me, asking what that property behind us was zoned as and what would be built there, and we were told it was zoned RS -5 for single- family homes. So we, along with many other neighbors, some who bought 35 years ago, some who only bought a year ago, such as our next door neighbors with young children. We all bought with the idea that it would be zoned, um, that it would be built with single - family homes, and we were fine with that. Um ... we, um, there... there's one letter that's in your packet that you may have read. It's from one of our neighbors on Evergreen. Um, her name is Georginna Dodge and uh, she bought just a few years ago and has been doing a lot of improvements with her house and, uh, like my husband and I, she came here because of the University and she chose like we did — I was particularly touched by her letter This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 56 because she chose like we did to live in Iowa City, to live on the east side to be close to downtown, to have everything the downtown would offer, but be in a single - family neighborhood. We never intended to live in a fam ... in a neighborhood that would be full of multi -unit dwellings. Um, and so that's very disheartening to us what is happening, uh, in ... in our neighborhood. Um, you know, we've ... we understand the City's rezoning process and we respect it, but we also understand that the City's decision to grant a rezoning is based on the Comprehensive Plan, which is in place 2030 and only adopted a year ago. Um, the compatibility of the proposed zone with nearby zones, the adequacy of...and all that, and public input, and we truly do feel that we have gotten a lot of public input from our neighbors. And as you probably have seen from the number of emails and letters and the official protest, um, we can easily say the majority of our neighborhood is against this. Um, several of us went out and petitioned neighbors and talked with them about it, starting a couple of months ago, and we only had one person in the entire neighborhood with ... coming back with 100, over 112 signatures. Only one who didn't want to sign, and that was just because of their connection to ... with the City. Um ... I would just like to, just gonna quick ...quickly point out, we talked about this property that went up, um, across the street from us. We're really fearful of what could happen with this property if this development goes through that Mr. Allen is proposing. Um, we're not suggesting it would have an 11 -foot wall like this, but what is ... what has happened here is... is a rezoning that took place and then this went up, and just with no regard for the character of Hickory Hill Park or for our neighborhood directly across the street. Um, I ... I really liked what Mr. Dobyns suggested there, that if this goes to another meeting, which I hope it doesn't, that the proposed plan be stripped of all of the landscaping, because this truly is an example of, you know, what ... what shows what you're looking at is what we're going to be looking at walking by, driving to work and school every day. Um, at the Planning and Zoning meeting on June 19th, some of the commissioners actually acknowledged that this was a mistake, and we don't want to see another mistake happen in the neighborhood. This is the property behind us. I'm going to show you two views, first the one ... this is from our home at 833 Cypress. So this is First, the more northern end of the property, and this is the southern end. This is what it looks like six months of the year, not with the trees in bloom as they are right now and some of you who came out to the property saw it with the trees in bloom, but this is what it would look like. We really don't think there's any disguising or hiding this building, even though if it ever went up, that would be our first choice — to try to hide it as much as possible. Um, I also ... I also feel that even with the number of trees that are proposed to be put in there, I don't see how they could ever really hide it, particularly if you look at Mr. Allen's property right now on Rochester Ridge. He planted three years ago some evergreens and I'm the same height as most of them, the ones that at least have survived the winter. So, um... so I really, um, I just would like to, you know, conclude with just saying that we feel this is not the right plan for our neighborhood. We feel that there is a better plan. We're ... we are definitely in support of something that would be more in keeping with the character of our neighborhood, with the character of, uh, single - family This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 57 home style and um, and uh, we hope that you will, um, support us in this, and thank you very much for your time. Synan: (noises on mic) Oh, geez, sorry! (noises on mic) My name is Bill Synan, and I too live at 833 Cypress Court. And I'm not in favor of this proposed rezoning. Um, since 1985, roughly the beginning of the development of the Bluffwood neighborhood, there had been five parcels of land (clears throat) excuse me, designated for multi - family housing along north First Avenue. And gradually over a period of 20 years those parcels were developed (clears throat) with multi- family housing. And this had been in the Comprehensive Plan at the time. But this changed in January, 2009, when a 2.9 -acre parcel of land on the west side of north First Avenue and Hickory Trail was rezoned from RS -5 to OPD -8. The proposed plan was for three sets of townhomes. One of the commissioners at the time commented that the developer did an excellent job of proposing buildings that are attractive and address the needs for a transition from residential housing to open space. It was a good vision, and part of the Comprehensive Plan. And you can see on the Comprehensive Plan 2030, the arrows pointing to three sets of townhomes that were in the Comprehensive Plan. But in December of 2010, not even a year later, unbeknownst to many residents of Bluffwood, a request to amend the rezoning was submitted by the developer. The request was to build a 16 -unit condominium, and it was approved by the Planning and Zoning Commission with one of the commissioners stating that it followed the Comprehensive Plan. However, that is not what was said in 2009! The Comprehensive Plan envisioned townhomes. Then in 2012, another parcel of land on the west side of north First Avenue was rezoned from RS -5 to RM -12. It was rezoned again in 2013 to OPD- RM -12, with the intent to build a 16 -unit multi- family building, which raised the number of multi - family units along north First Avenue to 131 units. And this doesn't include triplexes, which are considered multi -unit dwellings. This recent trend of rezoning RS -5 property may explain why the two parcels of land on the east side of north First Avenue and Hickory Trail were purchased on April 2nd, 2014, by Mr. Allen, and an application to rezone it was submitted that very same day, with the intent to build an 11 -unit condominium. The Comprehensive Plan 2030 states that the predominant land (clears throat) excuse me, that the predominant land use in the Bluffwood neighborhood will be detached, single - family homes. And there's the schematic with the statement of the plan. These are the figures for the Bluffwood neighborhood. Detached, single - family homes, 176. Multi -unit dwellings, 152. Duplexes, 30. Thus, the Bluffwood neighborhood, which is supposed to be predominantly detached, single - family residences has 176 detached single - family residences and 182 multi - family dwellings and duplexes, of which 90% of the multi -unit dwellings are located along a two to three -block span of north First Avenue, an avenue not a boulevard. We have also been told that the planned development will preserve green space. We hear that all the time. The footprint of the proposed building occupies about .23 acres. The combined footprint of the single - family homes on the other side of the creek, on Cypress Court, is about .35 acres. A difference of .12 acres. There are 185 acres of green space across the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 58 street in Hickory Hill Park. There are another two acres of green space in the newly created park on Hickory Trail in the center of the neighborhood. This is not about 1.2 acres of green space. It's about maintain the character of the neighborhood. The property in question here are the last two parcels of land to be developed in the First and Rochester subdivision, which was initiated in the mid - 1980s. It has been zoned RS -5 for more than 25 years. And that's why we all bought our homes in this subdivision. Single - family homes or single - family style homes can be built on this property. That is a fact! Regard ... last comment, regarding issues of privacy (clears throat) so as the homes come in off First Avenue, yes, their headlights are going to shine directly over to the backs of the homes into the windows, and then it turns to traverse the property where cars are actually going to be traveling parallel to the backyards of these single- family homes. There is no other multi -unit building on First Avenue that has this. And I'll show you. So what you see here is one of the first or se ... it's the second, I believe, multi -unit dwelling that was built along First Avenue, and this was in the Comprehensive Plan, way back when. Hayek: Mr .... Mr. Synan, you're going to need to wrap up here. Synan: Oh, I'm sorry! Hayek: You're over five minutes. Synan: Okay! Well I'm just going to show you, when the cars come in off First Avenue, you see behind these two buildings, the ... Iowa City storage, water storage tank is, across the street when they come in off First Avenue. They go directly into the parking lot, across them here is the ... a bus lot for Regina. The next one you have the Regina track and field behind it. The next one is the Regina track and field, and the next one that's going up here, there's nothing ... no single - family homes behind it. So this is the only one where you have something like that. Thank you. Hayek: Thank you for your comments. Dobberstein: Hi, I'm Parker Dobberstein. I work at Neumann Monson Architects. Uh, we worked with Jesse on his project. We're here in support of it, of course. Um... we also worked with John and Bob, with the City and... developing with Jesse this project and (coughing, unable to hear speaker) neighborhood meetings, gathered information from the neighbors and tried to develop something that's sensitive to the area and to the landscape, um, here on this particular lot. I think ... one of the things that I'd just like to mention is ... um ... grouping these all together is much more sustainable concept with, um, much less utility access to the lot and the units themselves then are..what are they? 1,200 to 1,300 square feet, urn ... much less than what the single - family houses would be. Um, so other than that I can ... here basically to answer any questions about the design of the project. Uh ... and that's... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 59 Hayek: Any questions for Mr. Dobberstein? Okay, thank you for your input. Doberstein: Yep. McDonald: I'm Jennifer McDonald. I live at 855 Cypress and I just wanted to address you and ask you to try to stay with the Comprehensive Plan, single - family residence. Um, as you've heard, there's condos built all up and down First Avenue, and we just feel this is still a large building and he's maxing out the lot. He can only do 11 units and that's what he's doing. So thank you. Hayek: Thank you for your comments. Anyone else? Fraga: Hi, I'm Ben Fraga and uh, I live at 845 Cypress and I will make this very brief, but I just wanted to give you a brief, uh, personal perspective from us. We are the neighbors that just recently moved in, uh, in the last couple years. We started our careers and our family in Chicago and when we had an opportunity to move to Iowa City, we took that. Uh, one of the reasons was in Chicago we looked out our window and we saw apartment complexes, condos, lights, dumpsters, parking lots. We felt very fortunate to find a house on the east side in the Bluffwood neighborhood. And we bought that with the knowledge that the lots behind us were going to be single- family. So we feel like, uh, it's kind of a change of the variables for us and I would say if we knew this information, uh, before, we would not have bought the house. So, uh, I thank the Council for your, uh, consideration in not rezoning this property. Thank you! Hayek: Thank you for the comments. Anyone else? Frank: I'm Dottie Frank. I live on Bluffwood Circle and we are ... will be impacted by the traffic. We will not be able to get out of our street very easily, nor will the people from Hickory Trail. It's already difficult with all the schools that are along First Avenue, with ACT at the top of the hill, and I don't think anybody's really looking at that, but there's a potential for two cars per unit. We already have this new 16 -unit one. We have a 16 -unit one already existing. We'll have another 11 -unit. Have you thought about the number of cars, amount... amount of traffic going up the hill in the winter? Coming down the hill in the winter is often very iffy, and I think you ought to think about this and also, are these condos? Are they apartments? I hear different kinds of things from the developer. Um... so this is ... this is our question and we are very concerned about what's happening to this neighborhood, plus there was probably going to be another bunch of condos just, uh, on the other side of Hickory Hill Park from where there is now. So, this will add in more cars and more traffic and more situations. Uh, we already have people speeding up and down First Avenue all the time, and I think this'll make it even more difficult. Thank you. Hayek: Thank you for your comments. Is there anyone else? Okay, we need to take the temperature of the Council. Where are people on this? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 60 Throgmorton: Well, I wonder about that. We haven't had a chance to really deliberate, you know, so maybe we could influence one another's views. I ... I ... do we ... do we need to indicate how we're going to vote before we vote? (laughs) You know... Hayek: Well I think we need to determine if there are six people who would support this. If there are fewer than six people, then I think we defer the public hearing, or continue the public hearing and defer first consideration, and set up the Planning and Zoning consult. So ... I see (both talking) Mims: With ... with what I've heard, I am not inclined to support it at this time. Dobyns: I'm going to vote yes. This is first consideration. I think that ... this property has sat there for a long time for a reason. Um, and I think the developer has worked hard and he ... with good intent, um, had the good neighbor policy. Um, even though they don't agree with him. Um, and I think at the very least with this we should move to at least subsequent considerations. So I intend to vote yes. Um, to move this along, and to get further information, because I agree with Jim. This is the first time we've had a chance to deliberate on this matter. I think it bears, uh, at least sufficient serious consideration ... to move to a second. Throgmorton: Well I ... I'd say I am inclined not to support it, but I really would like to hear what others have to say. That said, I'm inclined not to support it. Botchway: Matt? Hayek: Yes, Kingsley! Botchway: I just want to make clear, uh, I don't remember whether or not Eleanor said this, but I did receive emails. I didn't make any responses to it, and that's all the communication I had. I just wanted to make sure that was clear. Hayek: Okay. Botchway: Um ... and then on top of that, uh, no I ... I really have some concerns, uh, regarding this particular property and some of the things that the community has been saying, um, not only though obviously email, but then obviously, um, what they brought to Council tonight. Um, I would not be inclined to support it as well. Hayek: Okay. I don't think we're going to get to a super- majority. Um... Dickens: So when do we set up a meeting? Hayek: Do I ... do I have that right, that there ... there are not (several talking) There's clearly ... all right. Um ... so we would ... we would... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 61 Dilkes: Let's continue and defer till August 19th Hayek: All right, and to explain, uh, to the commun ... to the audience, uh, and the listening audience, what that means is, we will schedule time with the Planning and Zoning Commission because we have to meet with them when we are... poised to go against a rezoning recommendation from the ... from that commission and we have a consult with them and then we come back to Council for, uh, a con... a re- opening of the public hearing, and then a... an up or down vote. Do I have that right, Eleanor? Dilkes: Right. Hayek: Okay. So, let's uh ... entertain a motion to continue the public hearing and defer first consideration, um, and also set up a Planning and Zoning consult for August 19tH Throgmorton: So moved. Payne: Second. Hayek: Moved by Throgmorton, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. So uh we will take this up again on August 19th and uh, staff will arrange the, uh, consultation between Council and the Planning and Zoning Commission. Dobyns: Matt, I just had a question. I've not actually experienced this, where we had a meeting with Planning and Zoning in such regard, and I ... I just wanted to bring it up in public session, because if I have the question I'm certain other citizens do as well. Hayek: Yeah! Dobyns: Um, I mean, uh ... I think it's great because it looks like we're going to have this discussion with Planning and Zoning, I think all two groups need to be there. Is that kind of what happens, it's a public session and it's... Planning and Zoning and the City Council and we're basically ... is it a to -and -fro question and answer between ... I ... I've been trying to get a sense of what it's like. Hayek: I think I've only done this a couple of times. Isn't it work session? Dilkes: It's a work session discussion. It's not a public hearing process, but it's certainly a public meeting that can be attended by people. Dobyns: And is there an interchange between ... I'm trying to figure out how this (several talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 62 Hayek: ...between us and P &Z, yes, and we'll... because of the size of this room, we'll probably set up the work session up here, and then make room for them, and then as part of our work ... work session, uh, have the two, uh, entities talk. Dobyns: Okay. All right. Payne: So it's going to be on the work session on August 19th Hayek: Yeah. Dilkes: I think you might want to just give a little flexibility in terms of scheduling, not necessarily ... I mean, if we can get it scheduled for August 19th we can but it ... we may need some ... I don't know if the P &Z members are available, etc. So, let's just say there will be a consult ... at a time that's convenient for you and for P &Z. Hayek: Do you want... okay, should we, uh, continue the public hearing and defer first consideration indefinitely? Dilkes: No. I think we should continue it to the 19th. We can always continue it again, if we have to, but it's easier to get it continued to a date certain. Then we don't have to republish the notice, etc. Karr: So it will appear in your formal meeting, the flexibility is to the work session and the consult. Dobyns: And, Jesse, I make the same request that I made before, for that special meeting. Okay, thank you. Hayek: Okay, I think that takes care of that item. 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. Can ... we need to take a break, obviously, uh ... (several talking) can we ... do we think this outdoor service areas' thing can be dealt with quickly. There's some people in the audience that are sticking around apparently just for that. Let's get that out of the way and then break. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 63 ITEM 4h OUTDOOR SERVICE AREAS IN RESIDENTIAL ZONES AND MIXED -USE ZONES — ORDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER 4, USE REGULATIONS, ARTICLE D, TEMPORARY USES, TO ALLOW OUTDOOR SERVICE AREAS ASSOCIATED WITH RESTAURANTS AS TEMPORARY USES IN RESIDENTIAL AND MIXED -USE ZONES. 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Yapp: This is a request that initially came to you from the, uh, Peninsula Neighborhood to allow outdoor service areas in residential zones. Uh, staff has recommended that this be permitted as a temporary use. The temporary use permit gives the City more authority to restrict the temporary use, uh, if there are operational issues, uh, with the outdoor service area or to not renew the permit if there are on- going issues. Uh, staff has recommended approval to allow outdoor service areas as a temporary use in residential and mixed -use zones. Uh, subject to the service area being associated with a restaurant. In other words, not a bar. Uh ... it is ... it is located on the street - facing side of the building or in an enclosed courtyard. Must be closed by 10:00 P.M. (coughing) Excuse me! Or when the kitchen closes, whichever is earlier. Has an occupancy of no more than 30 people, and has an approved lighting plan. Uh, the temporary use process also allows additional conditions, depending on the particular situation. Hayek: This is part of the experiment we decided to embark upon and directed staff to put together. Right. Okay. Uh, anyone from the audience on this public hearing? I will close it at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: moved by Mims, seconded by Dickens. Discussion? Mims: I think it's great to give it a try and I like the uniqueness of what staff has come up with, with the temporary uses, which makes it very easy to ... um ... take the... take that opportunity away from a business if they're not running it responsibly. Dickens: That's a great concept to try to open that area. Mims: Yep! Hayek: Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 64 ITEM 4i MINOR MODIFICATION FOR FENCES — ORDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER 4, USE REGULATIONS, ARTICLE B, MINOR MODIFICATIONS, TO ALLOW ARCHWAYS AND GATES OVER 4 FEET IN HEIGHT IN REQUIRED RESIDENTIAL FRONT YARD SETBACKS. 1. PUBLIC HEARING Hayek: Uh, before we go to 4i let's take a five- minute break and then we'll come back and resume the (both talking) Botchway: Hey, Matt, yeah, make sure it's five. I'm on east coast time so (mumbled) (several talking in background) Hayek: Okay! Let's start the City Council meeting back up again. We, uh, left off with Item 4i (reads Item 4i) This is a public hearing. The hearing is open. (bangs gavel) Yapp: The current zoning code currently prohibits fences over four -feet tall in front yard setbacks. Uh, this is due to a desire to, uh, minimize or prevent the tunnel effect you can have along streets with tall fences on both sides of the street. Uh, staff received a request to allow, uh, an artistic taller archway associated with a fence on Burlington Street, uh, which under current code would not be permitted, and I have some images, uh, to show you of that particular proposal. Uh, and this would be in front of the Hayes property, on Burlington Street. Staff does agree that, uh, the opportunity for fences on associated structures with unique and aesthetically pleasing designs, uh, should not automatically be disallowed just because of their height. Allowing greater flexibility in the exterior hardscape with staff review has the potential to enhance streetscapes, uh, along the street frontage. This is another image of the ... uh, of the particular proposal that, uh, initiated this request. Staff is recommending a code amendment to allow fences taller than four feet in height, in the residential re ... yard setback be approved, uh, by minor ... minor modification. With the minor modification process, an application is submitted, uh, property owners within 200 feet are notified, and allowed the opportunity to comment. Uh, the specific language is that an entranceway or gate more than four feet tall may be approved, provided the entranceway gate is designed to be compatible with and to enhance the surrounding neighborhood. Uh, an identification sign no more than 12- square feet in area, that is incorporated as an integral part of the entranceway gate, may be permitted as part of the minor modification. I'd be glad to take any questions. Payne: So if somebody submits a proposal and it gets turned down, as ... for whatever reason, does the person ... this person submitting the proposal have the opportunity then to go someplace else, like the Board of Adjustment? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 65 Yapp: Good question. Uh, yes. Uh ... the minor modification process is approved by the building official and any decision of the building official may be appealed to the Board of Adjustment. Uh ... uh ... similarly if...if a, uh, entranceway gate was approved and a neighboring property owner objected, they could also appeal ... to the Board of Adjustment. Payne: Thank you! Hayek: Any other questions for John? Thank you, John. Anyone from the audience? I will close the public hearing. (bangs gavel) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 66 Item 4j REZONING HERBERT HOOVER HIGHWAY — ORDINANCE CONDITIONALLY REZONING 39.96 ACRES OF PROPERTY LOCATED AT 4701 HERBERT HOOVER HIGHWAY FROM COUNTY RESIDENTIAL (R) ZONE TO INTERIM DEVELOPMENT SINGLE - FAMILY (ID -RS) ZONE (REZ14- 00002) (SECOND CONSIDERATION) Mims: Move second consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Any ex parte since the last reading? Any further discussion? Roll call, please. Second consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 67 ITEM 5. UNIVER -CITY SALE, 316 DOUGLASS COURT - AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 316 DOUGLASS COURT. a. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) For the public's, uh, information this regards another acquisition, uh, rehabilitation and sale of a property through the UniverCity Neighborhood Partnership Program. Anyone from the audience? Public hearing is closed. (bangs gavel) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 68 ITEM 8. SYCAMORE STREET, CITY LIMITS TO SOUTH GILBERT STREET, PHASE 1 - DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SYCAMORE STREET - CITY LIMITS TO GILBERT STREET, PHASE 1 PROJECT. b. CONSIDER A RESOLUTION Payne: Move resolution. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Throgmorton: I'd like to ask Ron a question. Ron Knoche. I ... the staff report you wrote, Ron, indicates that the street will be 43 -feet wide. Is that ... is that correct? Knoche: That's correct. Throgmorton: Yeah. Uh, with ... and that includes the curb and gutter? Knoche: That's ... yes, that's back -to -back. Throgmorton: Right, so how many lanes? Knoche: It'll be three lanes. It's, uh, it's same cross - section that's to the north. Throgmorton: Right, so, uh, what ... what will be the lane widths for, exclude the curbs and gutters. What will the lane widths be? Knoche: I ... I'd have to double -check on that. I don't know ... I don't know what the exact lane width is. I think it's ... what is it? (both talking) No, Dave knows for certain. I think it's... Panos: I'm Dave Panos, Public Works. Um, lane widths approximately, uh, the same width configuration to the north is 14 foot is the center lane, and then 14.5 basically from the joint line to the outside curb line. So... Throgmorton: Yeah, so ... I'm just flummoxed. The whole thrust of urban design with regard to roads these days is for narrower lanes, and ... and yet ... we're just kind of moving right ahead with building... roads at the standard pretty wide, uh, standard pretty wide roads. I... I... or will we begin thinking about revising our (both talking) Markus: You know, when you ask the question, I think it's a fair question, Jim — what ... what is the, are there bike lanes marked on any of this? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 69 Panos: To the north it has sharrows ... marked on it. So (both talking) Markus: But are there dedicated lanes through the area? Panos: Not ... not in this section of Sycamore Street. Markus: It seems like you'd have plenty of room, I mean... Panos: Could accommodate it. Mims: Seems wide to me too. Hayek: Well, but doing this does not foreclose a dedicated bike lane, which would be a stripe of paint. Panos: That's correct. I mean, all ... all (both talking) Hayek: If that's where we went with this. Panos: Right. Throgmorton: But there are two sidewalks, uh, along the road, right (both talking) Panos: Correct. Throgmorton: ... the rebuilt road, and of two different sizes — I don't remember the exact widths of the two sidewalks. Panos: Eight foot and 5 -foot. Throgmorton: Yeah, so the 8 -foot lane is de ... designed (several talking) Markus: ... trail lane. Throgmorton: (laughs) (mumbled) ...a lot of right -of -way and roadway for (several talking in background) Dilkes: This is just the ... um, process to begin the, um, acquisition for ... of the property rights we need. It's not the approval of the plans and specs. So I would suggest if... if Council wants staff to look at that, that you direct them to do so (several talking) and then we can do that for the (several talking) Markus: ...good solution to this, and ... and I, and the other part of this, Jim, is we're gonna need a transition period just to roll these back to a narrower... narrower range, uh, lane width anyway, so ... you're right. This is to get the acquisition going. I This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 70 would guess the right -of -way would remain the same, regardless of the width of the roadway. Knoche: That's correct. Markus: Yeah. Dilkes: Well if we're going to shrink it we're not going to need more property. Knoche: Correct. Markus: But I'm ... but I'm saying, we would still want the same dimensions of the right - of -way, even if we shrink the roadway. We're not going to shrink the (several talking) Dilkes: ...won't affect this process. Throgmorton: All right. Payne: I have a question. So it says an 8 -foot sidewalk along the east side, and a 4 -foot sidewalk on the west side. I didn't think we built 4 -foot sidewalks anymore. I thought they were 5. Knoche: Right. Payne: And, why would we have the skinnier sidewalk on the opposite side from the school? Knoche: We're ... we're looking for the transition now. The 8 -foot sidewalk currently is down the east side of Sycamore Street. So it's just trying to ... the plan was to continue with the 8 -foot on the east side because that ... that's where it is already. Right, and ... and, but now it's just a matter of trying to figure out where that transition should be, to move it to the other side. Payne: Okay! But it really won't be a 4. Knoche: No, it'll be a 5. Payne: Okay. Markus: I think we've got your point and we will take a look at the design (laughter) I think it was worth bringing up (laughter and several talking) Hayek: Okay. Thank you, gentlemen. Further discussion? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 71 ITEM 9. EL CACTUS DENIAL - RENEWAL OF CLASS C LIQUOR LICENSE FOR HIDALGO INC., DBA EL CACTUS AUTHENTIC MEXICAN CUISINE, 609 1921 KEOKUK ST. a. HEARING Hayek: This is a hearing, um, and, uh, I'm not sure if the, uh, business is here, but I will turn the chair over to our Chief of Police. Hargadine: Good evening, Mr. Mayor, Council. Sam Hargadine, Chief of Police. As you stated this ... there's been a ... a renewal application for a liquor license for the business known as El Cactus Authentic Mexican Cuisine. Based solely on their, um, two cases of, uh, civil action and a judgment being rendered against them, I'm recommending denial of that liquor license. We worked with ... we tried to... we attempted to work with the business, give them plenty of notice that our recommendation was going to be to deny it and ... and to get this taken care of. However, um, it pretty much fell on deaf ears. So, um, there is, uh ... one sales case to a minor that occurred in 2013. That by itself would not have, uh, rose to the, uh, to the denial recom ... recommendation on ... by itself, but ... it's worthy to ... of brining up, so ... uh, based on two separate judgments, um, by a judge and ... and civil ... in a civil decision, um, I'm ... I'm recommending that it not be renewed. Payne: If ... if we deny, do they have other options to try to get it back, and how long (both talking) Dilkes: If we deny, um, they stay open through the appeal process to ABD. Payne: And then ... how many years are they denied, if it does go away, is it like two years, four years, six years? Do you know? Dilkes: I mean, if they would get the ... I mean, they'd have to ... if ..if there was an ultimate denial of their renewal, and they didn't get the judgments... paid, they would have to start a new application down the road. But... but... presumably, the appeal period will give them some time to figure out how they might take care of those judgments. Karr: And then we'll put it back on for approval when that happens. Payne: Okay. Hayek: Okay. (unable to hear person speaking away from mic) Yes, sir! Markus: Do you know why the owners aren't here? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 72 Hargadine: I do not, sir. Markus: They ... they get notice? Dilkes: Yeah, they did. In fact they were in our office today, ask ... I mean, their primary concern was, yeah, we sent the notice and ... and I know they got it cause they were in our office today, and I think their primary concern was will they have to shut down, you know, tomorrow, and we told `em if... if the Council denies `em we said, no, that, um, they stay open pending appeal to the ABD (both talking) Assuming they would appeal. Throgmorton: You may have already answered this question in another area, but this appeal process to the ABD. Dilkes: Uh huh. Throgmorton: Uh, when could the owners expect a decision to come out of that appeal process? How soon, you know? Month? Two months? Eight months? I don't know. Dilkes: Depends on what the ABD's docket is. I would say it would be a number of months. Karr: Again, they remain open until that time. Throgmorton: And ... and they can continue selling, uh, alcohol? Karr: In the appeal process. Dilkes: So presumably they would prefer it be a longer time than a shorter time. Throgmorton: Yeah, cause one of the things I've wondered about is how can a business, such as this that derives much of its income presumably from selling alcohol to ... people who go to the restaurant to have dinner and so on, how can they make enough money if they can't sell their alcohol? How can they make enough money to pay off the bills and so on? It ... it sounds to me like it's getting down... Dobyns: It's like debtor's prison in old England. Throgmorton: Yeah, yeah! Catch -22, to use an old expression. Dilkes: Well, there is a specific provision in the code. I mean, good moral ... they have to demonstrate that they're a person of good moral character, and that is a very nebulous def...definition, but one of the specific things that is identified is good financial standing. Um, and I ... we have advised the Police Chief that he's on solid ground and... and, uh, recommending the denial. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 73 Dickens: Do we have any history of the last one that we... Dilkes: We have done (both talking) this is not a new thing. We did it (both talking) We did it with Carl and Ernie's, I believe, and they, um ... got it kicked to another, the next meeting and got a... got it paid. Um... and we did it, I think, with one other one. Summit. Hayek: Summit. Dilkes: Yeah, right. Hayek: So I had the same questions. And ... and Eleanor's right, the ... the statute that the Police Chief has to look at in determining whether to deny ... to recommend denial or ... or approval, is ... is kind of vague, except one of the clear provisions is financial standing under it. Um, and so ... it would seem to me that, I mean, that ... it would be logical to get that kind of recommendation from ... from the PD, and there is precedent for this. We have done this in the past, uh, Elea ... and I asked Eleanor about that and ... she's right about those examples, so... Mims: Well, and the fact they can stay open during the appeal process, it ... gives them a little more time to try and get their finances figured out, so... Hayek: Yeah. Throgmorton: I think it's probably more going on here than we know. Hargadine: There is! Throgmorton: yeah, uh, and...I just have kind of a gut reaction to this, so I'll just express my gut reaction. It may be irrelevant, I don't know. There're all sorts of people who commit all sorts of, uh, financially, uh, inappropriate acts, some of whom run massive corporations, and ... and they don't get their appeals, I mean, they don't get applications denied or licenses revoked. They go on and continue to be extremely wealthy. I know I'm off base completely here. It's a gut reaction. I think there's something else going on here and I don't want to revoke the license. Dobyns: This is the first time I've kind of gone through this, so if you could explain to me sort of the philosophical basis the Iowa code. I understand why (laughter and several talking) on this particular provision (laughter) I'm just pretending I'm on call (several talking and laughing) Hayek: Well a bunch of early pioneers got together in the early mid -19th century (laughter) Dilkes: I am not a supporter of the good moral character definition, because I think it's a very difficult standard to apply, but my ... my, I would guess that requiring good This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 74 financial standing is that generally if someone cannot take care of their finances and cannot be responsible about their finances and cannot pay their bills, it is an indicat ... it may be an indication that they are not capable of...running a business that involves the sale of alcohol, which requires a lot of attention to ... the laws and detail, etc. Dobyns: So you can revoke alcohol privileges as a punishment because you've sold underage or some other such thing, but my sense here is that also, uh, the ability to sell alcohol is a privilege. And they feel that if you're not of good moral character (laughs) you shouldn't have that privileges and... Dilkes: I think that's right. Dobyns: Okay. Payne: So then... Dobyns: Wow! Payne: ...my question... then is, I guess I have two questions. First of all, can we ... allow them to keep their license when we know that they're specifically violating one of the items that they can't. In Jim's case, he's inclined to say let's let `em keep it, but can we legally say that? Dilkes: Yes, I think you would have discretion to conclude that the ... two unsatisfied judgments do not poor financial standing make. Payne: Okay. And then my next question goes to, what do we use to ... say that somebody is in poor financial standing? Dilkes: Two unsatisfied judgments or any number of things that you (both talking) that you and your discretion... would determine. Payne: So ... you run a credit check on 'em to see if they paid all their bills? I mean, how far do you go to figure out if somebody's in good financial standing? Hayek: Well there are two (several talking) I mean, they... they... there are two judgments against `em for about $11,000. They appear to be two separate cases, one in Johnson and one in Linn County, which are unpaid. Um ... I mean, they... and maybe there's other stuff out there, but this is what was (several talking) Dickens: ... one of the piano bars or... Dobyns: You know, Jim, I think I've got this. You know, we went after Chicago gangsters because they have tax problems. But that's not really what the issue was, but This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 75 that's the only thing we could apply against them (laughter) I think this is what this is. Hayek: Well ... I was prepared to entertain some sort of deferral, had they shown up, but ... but they're not here. They had notice. Um ... this is consistent with past practice. They'll have the appeals' period to get their affairs in order and come back to us. I guess I'm inclined to support the denial. But you gotta vote your conscience. So, um ... anything ... anything else, Chief? Hargadine: No, sir! Hayek: Okay, we'll uh ... close the hearing and if someone wants to put a motion on the table. b. CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF RECOMMENDATION Mims: I move that we deny the liquor license, uh, in accordance with staff recommendation. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Okay, it passes 6 -1, so the denial... passes as such. 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. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 76 ITEM 13a JOHNSON COUNTY EMAIL RE LOCAL SALES TAX (LOST) — CONSIDER THE REQUEST FOR INPUT FROM JOHNSON COUNTY BOARD OF SUPERVISORS CONCERNING SUNSET OF LOST, BALLOT LANGUAGE, AND LOST PROCEEDS TOWARD PAYMENT OF THE COURTHOUSE ANNEX BOND, WHICH MAY INCLUDE AMENDING RESOLUTION NO. 14 -207. Hayek: Item 13a is an addition. This was a ... uh, late added item to consider a request from the Board of Supervisors for, uh, basically a change to our formula that we passed, uh, a few weeks ago concerning the proposed local option sales tax. Um, we intended to talk about it in work session, it's on the agenda, so we can ... we can talk about it. We intended to talk about it during our work session between 5:00 and 7:00 P.M. but we ran out of time. Um, it would be my recommendation that, and I've talked to staff about this, that we not take action on this agenda item, but instead discuss this when we adjourn back to the work session, cause I don't think we'll need to take formal action this evening, in terms of voting. Do I have that right? Throgmorton: Yeah, okay. Hayek: Okay? So do we just not take action on this? Dilkes: There's no action required. Hayek: Okay! If there's no action required. All right, so we'll move on from 13a. Hayek: We'll start down with ... you! Rick! Karr: (mumbled) motion to accept correspondence? So we can archive (several talking) Throgmorton: (mumbled) Payne: Second. Hayek: Moved by Throgmorton, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Motion carries. All right, Item 14, City Council Information. We'll start down with you, Rick! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 77 ITEM 14. CITY COUNCIL INFORMATION. Dobyns: I'm not sure anyone's listening but I want to make this part of the public record. Uh, the Council has placed me on the Senior Services Commission. This is a group of citizens that have been chosen to evaluate the full array of senior services, um, as it applies to Johnson County, but mostly to the city of Iowa City. Urn ... uh, transparent, uh, public discussion is always welcome, but I would remind that the Council has put a commission together, um, and that people who are concerned about this, I think that is the appropriate public avenue, uh, for discussion. I know all members of the commission, including myself, are looking forward to more information, and I just wanted to let people know that the Senior Services Commission is taking a look at the whole array of senior services, um, including the current Senior Center, and please make available any opinions or concerns that you have to that commission as part of, uh, Council's recommended process. Um ... the final, uh, the commission is planning on giving this Council a final recommendation, uh, about December for discussion in January. So there's plenty of time! Thank you. Payne: Just want to, um, remind everybody that this Thursday ... see the date is July 171h, at 11:00 A.M. there will be a groundbreaking ceremony for the Animal Shelter. It's from 11:00 to 12:00 at 3910 Napoleon Lane, if anybody wishes to attend! Dickens: Hot Tuna makes its return visit to Iowa City on Saturday night, so uh if you want to hit a very good show, the Englert — Saturday night! Mims: Nothing! Throgmorton: Are you a Hot Tuna fan? Dickens: I saw `em the last time they were here! Throgmorton: (both talking) Well I'll mention just one thing. Uh, you all know that I was invited to participate in Ben Kieffer's River to River Show on Iowa Public Radio. So that took place ... I'm too tired to remember now. Was it two days (both talking) Hayek: Yesterday! Dickens: Yesterday (laughs) Throgmorton: Yesterday, yeah, thanks! Uh, and I don't know, I didn't listen to it, so I have no idea what viewers think, but ... but from a ... a personal experience point of view, I'd say it went pretty well and I enjoyed doing it. Ben's a great interviewer. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 78 Hayek: Ben and I were, uh, teammates on a episode of the Smartest Iowan, you know, that quiz show on Public Access (laughs) and we won! (laughter) I had to carry him on his knowledge of, uh, American Pop Culture cause (both talking) Dobyns: Why were you invited? (laughter) Hayek: Yeah, I don't know! (laughs) He got me on the Science! Kingsley, anything from you? Botchway: Nothing. Hayek: Okay. I just want to, uh, commend, uh, staff on the flood response. The public I don't think fully appreciates, uh, how significant the flooding was this, uh, summer. It was the third worst in our history. Um, we avoided the worst of it, but it was significant nonetheless, uh, and as somebody who was on the Council in 2008, um, there's a huge contrast between what we had to do then and what we had to do, uh, this time, as ... as a Council we really did not need to worry about it because staff was so, uh, well equipped and disciplined and prepared, uh, for the response, uh, they did what they had to do. We didn't even realize what they were doing, uh ... uh, be ... because they were equipped to do it and they ... and they knew how to do their jobs, so job well done to City staff and everybody else in other municipalities and with the University and with the neighborhood associations who coped with the floods, which hopefully will continue to recede. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014. Page 79 ITEM 15. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. Hayek: Tom? Markus: Yeah, the only thing I would add is that the, uh, County and the Emergency Management Agency is bear ... is very involved in ... in that whole process, and so you mentioning the other communities and the County I think is appropriate, so... they're... they're right in there with us. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of July 15, 2014.