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HomeMy WebLinkAbout2014-12-18 Info Packet�t— I = -1 - 3i RT �{ ®�o� CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org December 18, 2014 IPI Council Tentative Meeting Schedule MISCELLANEOUS IP2 Article from City Manager: Why 2014 Is a Big Deal IP3 Article from City Manager: Uber's secret, "proprietary" insurance policy leaked IP4 Memo from City Clerk: February and March Meeting Schedules IPS Police Bar Check Report — November, 2014 IP6 Civil Services Entrance Examination — Associate Planner IP7 Letter from Mediacom: Rate Adjustments IP8 Letter from Mediacom: Standard Rate Increase IP9 Invitation — Economic Forecast Luncheon DRAFT MINUTES IP10 Planning and Zoning Commission: November 20 (Formal) �, ha��`xSN CITY OF IOWA CITY Date Tuesday, January 6, 2015 12-18-14 INCity Council Tentative Meeting Schedule Subject to change December 18. 2014 Time Meeting 5:00 PM Work Session Meeting 7:00 PM Formal Meeting Location Emma J. Harvat Hall Saturday, January 10, 2015 8AM-5PM Special Budget Work Session Emma J. Harvat Hall (Department Presentations) Monday, January 12, 2015 1:00-7:OOPM Special Budget Work Session Emma J. Harvat Hall (CIP Presentations) Tuesday, January 13, 2015 5:00 PM Special Work Session (equity) Emma J. Harvat Hall Tuesday, January 20, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, January 26, 2015 4:30 PM Joint Meeting / Work Session IC Public Library Monday, Feburary 9, 2015 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting 7:00 PM Special Formal Meeting Monday, February 23, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Monday, March 9, 2015 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting 7:00 PM Special Formal Meeting Monday, March 23, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 7, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 21, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 5, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 19, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting From the City Manager Why 2014 Is a Big Deal - NYTimes.com l��e 'e flack saes http://nyti.ms/121wcNO SundayRov!ew i OP-ED COLUMNIST �%hy 2014 Is a Big Deal DEC. 13, 2014 Thomas L. Friedman Page I of 3 I WAS just about to go with a column that started like this: When they write the history of the global response to climate change, 2014 could. well be seen as the moment when the balance between action and denial tipped decisively toward action. That's thanks to the convergence of four giant forces: Sao Paulo, Brazil, went dry; China and the United States together went green; solar panels went cheap; and Google and Apple went home. But before I could go further, the bottom fell out of the world oil price, and the energy economist Phil Verleger wrote me, saying: Tracking is a. technological breakthrough like the introduction of the PC. Low-cost producers such as the Saudis will respond to the threat of these increased supplies by holding prices down" — hoping the price falls below the cost of fracking and knocks some of those American frackers out. In the meantime, though, he added, sustained. low prices for oil and gas would "retard" efforts to sell more climate -friendly, fuel-efficient vehicles that are helped by high oil prices and slow the shift to more climate -friendly electricity generation by wind and solar that is helped by high gas prices. So I guess the lead I have to go with now is: When they write the history of the global response to climate change, 2014 surely would have been seen as the moment when the climate debate ended. Alas, though, world crude oil prices collapsed., making it less likely that.the world will do what the International Energy Agency recently told us we must: keep most of the world's proven oil and gas reserves in the ground. As the I.E.A. warned, "no more than one-third of proven reserves of fossil fuels can be consumed prior to 2050" — otherwise we'll bust through the limit of a 2- http://www,nytimes. com/2014/ 12/ 14/opinionlsunday/thomas-l-friedman-why-2014-is-a-big-deal.... 12/15/2014 Why 20141s a Big Deal - NYTimes.com Page 2 of 3 degree Celsius rise in average temperature that scientists believe will unleash truly disruptive ice melt, sea level rise and weather extremes. Technology is a cruel thing. The innovators who've made solar panels, wind power and batteries so efficient that they can now compete with coal and gas are the same innovators who are enabling us to extract oil and gas from places we never imagined we could go at prices we never imagined we would reach. Is a third lead sentence possible? There is. In fact, there is an amazing lead waiting to be written. It just takes the right political will. How so? Let's go back to my first lead. The reason I thought we were decisively tipping toward action was, in part, because of news like this from the BBC on Nov. 7 in Sao Paulo: "In Brazil's biggest city, a record dry season and ever-increasing demand for water has led to a punishing drought." When a metropolitan region of 20 million people runs dry because of destruction of its natural forests and watersheds, plus an extreme weather event scientists believe was made more intense by climate change, denialism is just not an option. Then you have the hugely important deal that President Obama and President Xi Jinping of China struck on Nov. 12 under which the United States will reduce its carbon emissions 26 percent to 28 percent below 2005 levels by 2025, and China will peak its carbon emissions by or before 2030. China also committed to build by 203o an additional 80o to 1,00o gigawatts of clean power — or nearly as much new renewable energy in China as all the electrical capacity in America today. That will greatly spur innovation in clean tech and help do for solar, wind and batteries what China did for tennis shoes — really drive down global prices. Also, last February, Google bought Nest, for $3.2 billion. Nest makes a $250 smart thermostat that can save homeowners tons of money by learning their temperature preferences and automatically managing their air -conditioners and home heating systems for the greatest efficiency. Also this year, Apple announced. the development of the Apple HomeKit, which will enable customers to remotely manage their appliances and home energy systems on their iPhones. When Apple and Google start competing to make homes more energy efficient, watch out. We will likely see nonlinear improvements. But what if Verleger is right — that just as the cost of computing dropped following the introduction of the PC, fracking technology could flood the world with cheaper and cheaper oil, making it a barrier to reducing emissions? There is one way http://www.nytimesicoml20l4l12/ 14/opinionlsundaylthomas-l-friedman-why-2014-is-a-big-deal.... 12/15/2014 Why 2014 Is a Big Deal - NYTimes.com Page 3 of 3 out of this dilemma. Let's make a hard political choice that's a win for the climate, our country and our kids: Raise the gasoline tax. "U.S. roads are crumbling," said Ve.rleger. "Infrastructure is collapsing. Our railroads are a joke." Meantime, gasoline prices at the pump are falling toward $2.50 a gallon — which would be the lowest national average since 2009 — and. consumers are rushing to buy S.U.V.'s and trucks. The "clear solution," said Verleger, is to set a price of, say, $3.5o a gallon for gasoline in America, and then tax any price below that up to that level. Let the Europeans do their own version. "And then start spending the billions on infrastructure right now. At a tax of $1 per gallon, the U.S. could raise around $150.billion per year," he said. "The investment multiplier would give a further kick to the U.S. economy — and might even start Europe moving." So there is a way to make 2014 that truly decisive year in confronting both climate and rebuilding America, but only our political leaders can write that lead.. I invite you to follow me on Twitter. A version of this op-ed appears in prink on December 1.4, 201.4, on page S R9 of the New York edition with the headline: Why 2014.Is a Big Deal. © 2014 The New York Times Company http://www.nytimes.com/2014/ l2/ 14/opinionlsunday/thomas-l-friedman-why-2014-is-a-big-deal.... 12/15/2014 Uber's secret, "proprietary" insurance policy leaked From the City Manager F -G SAN FRANCISCO DAY GUARDIAN OMLNK Published on San Francisco Bay Guardian (http://www.sfbg.com) SFBG > Politics Blog > Printer -friendly Uber's secret, "proprietary" insurance policy leaked By admin Created 03/24/2014 - 8:00pm BUSINESS AUTO DECLARATIONS is AMU RIVER Pose n: cAti� '40 OW WUT MAP anter. SUM 30 INS RIL"lMi M YA "M HW"d s~. III* r LM RIOW-C ► LLC, Ras or• 706 btov" Stmok e n 00 LLO I Ai **M SW FW4 CA 041M N1010 ftdo1k ... _, ... _.. -_ At 1221 AAI T r m ib adds ahX*" O! •whass: x Lbmftd Uum" COMW@Y ❑lar �w COO""" 1h�NIN�n► #� pyM�. at IxaepSa+: `>C AMIN IN0ie 10 0140 b,a). O"MWW LJOmawmay Ojo" x M hlT1,NlN POR TITS PAYVARr Olr TNII 111 JK � RELWWE L44M TITS STATOMM IN THE AMICATI "ICj AND fllWSCT TO ALL. THR TGRW OF TNIi POI.ICYr Wit ASRlE WH YOU TO 1011114710101111 TNS iI11150AANCE Ai *TATER IN TM POLICY. A screenshot of Uber's insurance filings. Page 1 of 3 An anonymous leaker emailed Uber's previously secreted, hidden insurance plans to the Bay Guardian and a number of taxi industry advocates over the weekend, and who is and who is not insured by Uber may give riders cause for worry. [ii The insurance policy describes exclusions, limits, and explicit descriptions of who is insured, all details that evaded the public, the taxi industry, and some regulatory bodies trying to investigate Uber and its insurance coverage. Uber confirmed with the Guardian that the leaked policy was legitimate, but did not directly answer our questions about the consequences of it being leaked. William Rouse, general manager of Los Angeles Yellow Cab and a former president of the Taxicab Association, said the insurance document raised some troubling questions. The first problem lies in a semantics game the company may use to distance itself from paying out insurance, he said. "Uber is insuring through Rasier LLC, but contractually http://www. sfbg.comlprintlpoliticsl2014/03/24/uber%E2%80%99s-secret-%E2%80%9Cp... 12/16/2014 Uber's secret, "proprietary" insurance policy leaked Page 2 of 3 drivers contract with Uber. They state in the policy that it kicks in only when Raiser is liable. What we have here is a shell game. Who is Rasier?" Uber is the parent company of Rasier, Andrew Noyes, an Uber spokesperson, told us. But how listing Rasier versus Uber as the main insurance carrier will affect insurance claims down the road remains to be seen. Exclusions in the policy are many, such as one for the "movement of property by mechanical device." It states: "'Bodily injury' or'property damage' resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered 'auto"' is excluded from coverage. Spokesperson Andrew Noyes said this exclusion deals with unloading and offloading of material from a vehicle via a pallet jack or forklift. One wonders what exclusion Uber used to argue against insurance payment in an incident last year, when a driver using Uber drove into a fire hydrant, which flew 81 feet down Divisadero [21 and landed on a woman named Claire Fahrbach. The resulting geyser flooded several nearby businesses. Fahrbach is suing Uber for medical coverage, litigation that is still ongoing. Many revelations from the document are sure to come, and the Guardian will seek analysis from insurance industry experts on the leaked document. Uber's insurance practices came under sharp investigation [,] after the New Year's Eve death of six year old Sofia Liu, who died after a collision with a car driven by a driver who had been using the Uber app. "We have not made the policy — in its entirety — public," Noyes wrote to us. But now that Uber's insurance policy is released, advocates and the public can openly discuss the legitimacy and reach of Uber's insurance. -V San Francisco. New York. Seattle. Cities and states across the country are grappling to regulate the so called rideshare companies, known legally as Transportation Network Companies, such as Uber, Sidecar and Lyft. The municipalities grappled with many questions: who pays the medical bills, the fees to repair or replace damaged autos, or pay for the damage to property in an car accidents with Uber vehicles? A number of lawsuits filed against Uber so far show that the company has been unwilling to pick up the tab. http://www.sfbg.comlprintlpoliticsl2014/03/24/uber%E2%80%99s-secret %E2%80%9Cp... 12/16/2014 Uber's secret, "proprietary" insurance policy leaked Page 3 of 3 At a state insurance hearing in Sacramento last week, the personal automobile insurance industry blasted Uber for shifting some insurance liability onto its drivers' personal insurance policies. "It is well documented and publicized that the business model does attempt to shift the cost and the risk to the drivers personal auto insurance," said Armand Feliciano, the vice president of the Association of California Insurance Companies. But personal insurance is not for people driving what is essentially a taxi cab, he said. "The risks are fundamentally different," Feliciano said to the state insurance commissioner. Rideshare companies need to "step up and be the insurers of their drivers. That's the right policy decision." Uber has repeatedly stated they do not want their insurance policy revealed to the public. "We have spent a great deal of time and effort acquiring this policy and do not share it publicly for competitive reasons," Noyes told the Seattle Times earlier this month [3j. When we repeatedly asked him if it was troubling to Uber that their insurance policy was leaked, despite public affirmations that it remain private, Noyes wrote to us "not sure what you mean." The California Public Utilities Commission directly regulates rideshares, or Transportation Network Companies, is one of the few regulatory bodies to have a copy of the policy, but so far it has declined to distribute it openly. We contacted the CPUC for clarification as to why they withheld the documents, but they asked for more time to get back to us, and did not reply before press time. Now that's changed. We're embedding Uber's insurance policy below. If you have any analysis, tips or concerns, please email us at news-sfbq.com [4]. Leaked Uber Insurance Policy [5] by FitztheReporter [6] rideshares TNC Uber Joe Fitzgerald Rodriguez Source URL: http://www.sfbg.com/politics/2014/03/24/uber%E2%80%99s-secret-%E2%80% 9Cproprietary%E2%80%9D-insurance-policy-leaked Links: [1] http://www.sfbg.com/2014/01/28/broken-bodies-broken-lives [2] http://www.sfbg.com/politics/2013/08/08/lawsuit-over-injury-airborne-fire-hydrant-tests-uber's-insurance- practices [3] http://seattletimes.com/html/localnews/2023047825_rideserviceinsurancexml.html [4] mailto:news@sfbg.com [5] http://www.scribd. com/doc/214351992/Leaked-Uber-Insurance-Policy [6] http://w\Aw.scribd.com/FitztheReporter http://www. sfbg.com/print/politics/2014/03/24/uber%E2%80%99s-secret%E2%80%9Cp... 12/16/2014 r �. CITY OF IOWA CITYL2-18-14 MEMORANDUM Date: December 18, 2014 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: February and March Meeting Schedules Please note that the February and March meeting schedules have been changed to: Monday, February 9 Monday, February 23 Monday, March 9 Monday, March 23 The tentative schedule included in your packet reflects the changes. The regular schedule of the first and third Tuesday will resume in April. Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthlv Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 2 Dogs Pub 120 2 0 0 7 0 0 0 0 Airliner 223 4 0 3 44 7 14 0.1590909 0.3181818 American Legion 140 0 0 0 2 0 0 0 0 Atlas World Grill 165 0 0 0 Bardot Iowa 0 0 0 5 1 0 0.2 0 Baroncini— 0 0 0 Basta 176 0 0 0 Blackstone— 297 0 0 0 3 0 0 0 0 Blue Moose— 436 4 0 0 68 2 3 0.0294118 0.0441176 Bluebird Diner 82 0 0 0 Bob's Your Uncle *^ 260 0 0 0 Bo -James 200 3 0 0 44 0 2 0 0.0454545 Bread Garden Market & Bakery 0 0 0 Brix 0 0 0 Brothers Bar & Grill, [It's] 556 16 3 0 249 29 49 0.1164659 0.1967871 Brown Bottle, [The]— 289 0 0 0 Buffalo Wild Wings Grill & Bar— 189 0 0 0 3 0 0 0 0 Cactus Mexican Grill 0 0 0 Caliente Night Club 498 2 0 0 14 0 0 0 0 Carl & Ernie's Pub & Grill 92 2 0 0 8 0 0 0 0 Carlos O'Kelly's— 299 0 0 0 Chili Yummy Yummy Chili 0 0 0 Chipotle Mexican Grill 119 0 0 0 Clarion Highlander Hotel 0 0 0 Clinton St Social Club 1 0 0 5 0 0 0 0 Club Car, [The] 56 0 0 0 1 0 0 0 0 Tuesday, December 16, 2014 Page 1 of 5 Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthlv Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under21PAULA Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev lz Mo) Coach's Corner 160 2 0 0 8 0 0 0 0 Colonial Lanes- 502 0 0 0 3 0 0 0 0 Dave's Foxhead Tavern 87 1 0 0 11 0 0 0 0 DC's 120 13 0 0 219 54 16 0.2465753 0.0730594 Deadwood, [The] 218 5 0 0 35 0 0 0 0 Devotay- 45 0 0 0 Donnelly's Pub 49 2 0 0 6 0 0 0 0 Dublin Underground, [The] 57 1 0 0 17 0 0 0 0 Eagle's, [Fraternal Order of] 315 0 0 0 Eden Lounge 3 0 0 26 0 0 0 0 EI Banditos 25 0 0 0 EI Cactus Mexican Cuisine 0 0 0 1 0 0 0 0 EI Dorado Mexican Restaurant 104 0 0 0 EI Ranchero Mexican Restaurant 161 0 0 0 Elks #590, [BPO] 205 0 0 0 Englert Theatre- 838 0 0 0 Fieldhouse 178 9 1 1 162 28 7 0.1728395 0.0432099 FilmScene 0 0 0 1 0 0 0 0 First Avenue Club- 280 0 0 0 8 0 2 0 0.25 Formosa Asian Cuisine- 149 0 0 0 Gabes- 261 1 0 0 23 0 0 0 0 George's Buffet 75 1 0 0 11 0 0 0 0 Givanni's- 158 0 0 0 Godfather's Pizza 170 0 0 0 Graze- 49 0 0 0 Grizzly's South Side Pub 265 2 0 0 23 0 0 0 0 Tuesday, December 16, 2014 Page 2 of 5 Business Name Occupancy (occupancy loads last updated Oct 2008) =University of Iowa Monthlv Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks I = e sr Ujnd 1 t �' "`' ` ; PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Hilltop Lounge, [The] 90 1 0 0 13 0 0 0 0 Howling Dogs Bistro 0 0 0 IC Ugly's 72 2 0 0 24 0 0 0 0 India Cafe 100 0 0 0 Iron Hawk 0 0 0 10 0 0 0 0 Jimmy Jack's Rib Shack 71 0 0 0 Jobsite 120 2 0 0 27 0 0 0 0 Joe's Place 281 4 0 0 75 0 0 0 0 Joseph's Steak House— 226 0 0 0 Linn Street Cafe 80 0 0 0 Los Portales 161 0 0 0 Martini's 200 10 7 4 90 18 10 0.2 0.1111111 Masala 46 0 0 0 Mekong Restaurant— 89 0 0 0 Micky's— 98 1 0 0 22 0 0 0 0 Mill Restaurant, [The]- 325 0 0 0 1 0 0 0 0 Moose, [Loyal Order of] 476 0 0 0 Motley Cow Cafe 82 0 0 0 Noodles & Company— 0 0 0 Okoboji Grill— 222 0 0 0 Old Capitol Brew Works 294 0 0 0 1 0 0 0 0 One -Twenty -Six 105 0 0 0 Orchard Green Restaurant— 200 0 0 0 Oyama Sushi Japanese Restaurant 87 0 0 0 Pagliai's Pizza— 113 0 0 0 Panchero's (Clinton St)— 62 0 0 0 3 0 0 0 0 Tuesday, December 16, 2014 Page 3 of 5 Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthly Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA YUnd`�ri1 , ., PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Panchero's Grill (Riverside Dr)— 95 0 0 0 Pints 180 10 0 0 91 12 2 0.1318681 0.0219780 Pit Smokehouse 40 0 0 0 Pizza Arcade 1 0 0 1 0 0 0 0 Pizza Hut— 116 0 0 0 Players 114 0 0 0 4 0 0 0 0 Quinton's Bar & Deli 149 2 0 0 10 0 0 0 0 Rice Village 0 0 0 (Ridge Pub 0 0 0 Riverside Theatre— 118 0 0 0 (Saloon— 120 1 0 0 2 0 0 0 0 ]Sam's Pizza 174 0 0 0 1 0 0 0 0 ISanctuary Restaurant, [The] 132 0 0 0 ]Shakespeare's 90 1 0 0 8 0 0 0 0 ]Sheraton 0 0 0 1 0 0 0 0 ]Short's Burger & Shine— 56 0 0 0 ]Short's Burger Eastside 0 0 0 ]Sports Column 400 13 3 1 158 32 30 0.2025316 0.1898734 ]Studio 13 206 3 0 0 35 0 0 0 0 ]Summit. [The) 736 12 3 2 139 45 38 0.3237410 0.2733813 ]Sushi Popo 84 0 0 0 ISzechuan House 0 0 0 ]Takanami Restaurant— 148 0 0 0 ]Taqueria Acapulco 0 0 0 ]TCB 250 13 0 0 88 4 0 0.0454545 0 ]Thai Flavors 60 0 0 0 Tuesday, December 16, 2014 Page 4 of 5 Business Name Occupancy (occupancy loads last updated Oct 2008) F,/-]= University of Iowa ❑Thai Spice 91 [—]Times Club @ Prairie Lights 60 ❑Trumpet Blossom Cafe 94 ❑ Union Bar 854 F-1 VFW Post#3949 197 ❑Vine Tavern, [The] 170 [:]Wig & Pen Pizza Pub— 154 F1 Yacht Club, [Iowa City]— 206 ❑Yen Ching 0 ❑Z'Mariks Noodle House 47 Monthly Totals Bar Under2l PAULA Checks Prev 12 Month total Bar Under2l PAULA Checks ) Urider 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 0 0 0 218 1 0.1213616 0.1075481 Off Premise 0 0 0 0 0 153 0 1 0 0 0 0 16 2 2 169 13 44 0.0769231 0.2603550 0 0 0 1 0 0 14 1 0 0.0714286 0 0 0 0 1 0 0 0 0 2 0 0 32 0 1 0 0.03125 0 0 0 0 0 0 Totals 169 19 13 2027 1 246 218 1 0.1213616 0.1075481 Off Premise 0 0 1 8 0 0 153 0 1 0 Grand Totals * includes outdoor seating area exception to 21 ordinance 21 1 1 371 Tuesday, December 16, 2014 Page 5 of 5 I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org December 15, 2014 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Associate Planner Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Associate Planner. Kristopher Ackerson IOWA CITY CIVIL SERVICE COMMISSION Lyra A Dickerson, Chair Media -co - a z ftft,, ! December 12, 2014 Ms. Marian Karr City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240-1826 Dear Ms. Karr: r� g The purpose of this letter is to inform you that, on or about January 15, 2015, Mediacom will be implementing the following rate adjustments:70 Product: Old Rate: New Rate: Net Change: Local Broadcast $2.97 $4.67 $1.70 Station Surcharge Regional Sports $1.83 $2.03 $0.20 Surcharge The decision to make price adjustments is always a difficult one. We are very reluctant to raise video prices because, when we do, we lose subscribers. However, cable and satellite companies are constantly being pressured by the programmers we buy from to pay more for the channels we carry. The fees we pay to retransmit local broadcast stations like ABC, CBS, FOX and NBC are by far our fastest growing programming cost component. As Federal Communications Chairman, Tom Wheeler, noted, the cost of carrying local broadcasters "has skyrocketed from $28 million in 2005 to $2.4 billion in 2012, a nearly 8,600 percent increase in seven years." A Wells Fargo analyst recently predicted this number could jump fivefold to $12 billion annually by 2019. The problems with sports programming are equally as alarming. One look at the skyrocketing rights fees announced with recent deals and it is easy to see that the marketplace for live televised sports is out of control. Broadcast networks and national and regional sports networks are shelling out billions of dollars for the rights to carry pro sports like the NFL, NBA, MLB and NHL, the Olympic Games, World Cup and NCAA football and basketball games. Unrestrained spending has become the hallmark of the sports programming business, and the American consumer, whether a sports fan or not, is left to pay the price. 70 Depending on the terms of their contract, certain customers on promotional rates may or may not receive this rate change at this time. Mediacom Communications Corporation 6300 Council St. NE Cedar Rapids, IA 52402 319-395-7801 • Fax 319-393-7017 In an effort to bring more transparency to the unjustified fee increases being taken by the owners of broadcast and sports television channels, Mediacom previously introduced a Local Broadcast Surcharge and a Regional Sports Surcharge. By identifying the cumulative fee increases being taken by these channel owners, we hope to draw the attention of consumers and their elected representatives to this rapidly escalating problem. Greater transparency is only part of the solution, though. Recognizing that many consumers are frustrated by the current state of affairs in the video marketplace, Mediacom filed a petition on July 21, 2014, asking the Federal Communications Commission to adopt new rules that would allow expensive channels to be sold a la carte, create options to purchase channels on an unbundled basis, ensure consumers have access to free online video content, and prevent unjustified wholesale price discrimination (see https://mediacomcable.com/site/about news 25 07 2014.html). We also maintain a website, www.mediacomonyourside.com, to help educate consumers about programming cost issues. Despite the business challenges we face, Mediacom appreciates the opportunity to continue to serve your community's telecommunications needs. If there are any questions please contact me at 319-395-9699 ext. 3461 or via email at Igrasslev@mediacomcc.com Yours sincerely, Lee Grassley, Senior Government Relations Manager CD cj,i p- December 15, 2014 Ms. Marian Karr City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240-1826 Dear Ms. Karr: 0 1h 07-0 16 P' � r We are writing to notify you that due to increased wholesale programming charges, the standard rate for HBO will be increasing from $17.95 to $18.95 on or about January 15, 2015. Please feel free to contact me should you have any questions at 319-395-9699 ext. 3461 or e-mail Igrassley@mediacomcc.com. Sincerely, 06t -40'4-t Lee Grassley Senior Manager, Government Relations Mediacom Communications Corporation 6300 Council St. NE • Cedar Rapids, IA 52402 • 319-395-7801 • Fax 319-393-7017 From: Corridor Business Journal<cbjevents@corridorbusiness.com> Sent: Monday, December 15, 2014 8:20 AM To: Marian Karr Subject: 2015 Economic Forecast Luncheon ECONOMIC FORECAST LUNCHEON Looking to learn what is in store for the Corridor's economy in 2015? You're not alone. Join more than 600 individuals from throughout the Corridor for the the Corridor Business Journal's largest and most popular event, the Economic Forecast Luncheon. To be held: 11:30 a.m.-1:15 p.m. Jan. 14, 2015 DoubleTree by Hilton Cedar Rapids Convention Complex This annual event will feature a keynote speaker and a panel of local business leaders providing their insights into where the economy's heading and the biggest opportunities and challenges they see facing their industries and the Corridor. Keynote Speaker: Dr. Edmond Seifried, Professor Emeritus of Economics and Business, Lafayette College Partner, Seifried & Brew LLC Panel Moderator: Sarah Fisher Gardial, Dean, Henry B. Tippie College of 2015 Panelists: Mike Gerdin, President, CEO & Chairman, Heartland Express Kevin Powell, President & CEO, Van Meter Inc. Mary Quass, CEO, NRG Media Charlie Rohde, CEO, King's Materials/Dakota Red Corporation Kirk Weih, VP, Hertz Farm Management Tickets are $55. CLICK HERE to register, or contact Kristin Reynolds at (319) 887-2251, ext. 314 or email kristinAcorridorbusiness.com. di) BankersTrust. Forward this email This email was sent to marian-karr@iowa-city.org by cbievents@corridorbusiness.com Update Profile/Email Address I Rapid removal with SafeUnsubscribeTM I Privacy Policy. YuI► 7 ted Em fi fmrN v t'GlaskstN4 Hy,t FREE today Corridor Business Journal 1 845 Quarry Rd.Ste. 125 1 Coralville I IA 152241 a MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION NOVEMBER 20, 2014 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Charlie Eastham, Ann Freerks Paula Swygard, Phoebe Martin, Jodie Theobald, John Thomas MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Sara Hektoen, Karen Howard, John Yapp, Sarah Walz OTHERS PRESENT: Duane Musser, Ted Pacha, Mike Hodge, Jim Jacob, Wade Squires, Kevin Digmann, Alicia Trimble, William Ingles, Lauren Siebert, Pete Hartly, Nora Boerner, Nancy Carlson, Neill Sylvan, Ginalie Swaim, Joseph Pettit, Matthew McCarnin, Neo McAdams, Pam Michaud, Mary Bennett, Susan Holtman, Erin Fleck, Josh Langseth, Jill Abruzzio, Matthew Biger, Al Rayman, Brennan Van Aldrannah, Ricardo Rangel Jr., Andrea Truitt, Steve Gordon, Sharon Sorenson, Alan Jones, Bob Barta, Melinda Ragona, Tom Sorenson RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-0 to recommend approval of ANN14-00002 and REZ14-00022, annexation of approximately 1.1 acres and a rezoning from County Agricultural (A) zone to Rural Residential (RR -1) zone for property located to the west of Slothower Road. The Commission voted 5-1 to recommend approval of SUB14-00021 an application submitted by MBHG Investment Co. for a Sensitive Areas Development Plan and Preliminary Plat for Sycamore Woods, approximate 34.86 -acre, 115 -lot residential subdivision located west of Whispering Meadows Subdivision, Parts 2 and 3, along extensions of Whispering Meadow and Blazing Star Drives. Freerks called the meeting to order at 7:00 PM. There were none. Annexation / Rezoning Item (ANN14-00002/REZ14-00022) Discussion of an application submitted by Slothower Farms LLC for annexation and rezoning from County Agricultural (A) zone to Rural Residential (RR -1) zone for approximately 1. 10 acres of property located at 965 Slothower Avenue Yapp presented the staff report. Slothower Farms, LLC has submitted an application for the voluntary annexation of 1.1 acres located west of Slothower Road and south of Melrose Avenue. The applicant has requested that the property be re -zoned from County Agricultural (A) to Rural Residential (RR -1). This annexation is being requested to allow an approximately Planning and Zoning Commission November 20, 2014 - Formal Page 2 of 26 3.1 acre portion of the Slothower Farm to be split from the larger property. The present farmhouse is already located within the city limits. Miklo showed an aerial view of the location showing the city boundaries and the farmhouse. The annexation would add about 1.1 acres to the west of the house into the city limits. The city boundaries currently go through the middle of the barn on the property. The annexation would allow the house and the barn to be on one property and within one corporate entity, the City of Iowa City. Rural residential zoning is proposed, it is an area that does not have City services in terms of utilities. The rural residential zone is intended to provide a rural character for areas in the City that are not projected to have utilities necessary for urban development. In Staff's analysis of this proposed annexation it does not cause any burden on the City in terms of services. The property is within the long term growth area of the City and the policy has been for voluntary annexations to recommend approval if the properties are in the growth area. Annexation would allow the City to control any future redevelopment. Staff recommends approval of ANN14-00002 and REZ14-00022, annexation of approximately 1.1 acres and a rezoning from County Agricultural (A) zone to Rural Residential (RR -1) zone for property located to the west of Slothower Road. Eastham asked for clarification that this annexation would not have an effect upon any eventual redevelopment of Hwy 965. Miklo confirmed that was correct and showed on the map where the future Hwy 965 would run in relation to the applicant's property. Freerks opened public hearing. Duane Musser, MMS Consultants, representing the applicant was available for questions, the Commission had none. Eastham moved to approve of ANN14-00002 and REZ14-00022, annexation of approximately 1.1 acres and a rezoning from County Agricultural (A) zone to Rural Residential (RR -1) zone for property located to the west of Slothower Road. Martin seconded the motion. Freerks stated the proposal meets criteria for annexation and because currently one of the structures on the property is split between City and County it appears to be a good solution. Thomas stated he agreed with item 2 on the staff report in that the applicants hope that this will result in the farm buildings being occupied and preserved. If the farmhouse were to stay on its own parcel, it could be lost to eventual development, so this would be a good solution. A vote was taken and the motion passed 6-0. REZONING ITEM (REZ14-00019) Discussion of an application submitted by Hodge Construction for a rezoning of approximately 2.3 acres of land in the 600 block of S. Dubuque Street and the 200 block of Prentiss Street from Community Commercial (CC -2) zone and Intensive Commercial (CI -1) Zone to Riverfront Crossings — Central Crossings (RFC -CX) zone. Howard presented the staff report stating that Hodge Construction, requested deferral at the November 6 meeting to allow additional time to develop conceptual plans regarding how they would develop the property in a manner that is consistent with the goals of the Comprehensive Planning and Zoning Commission November 20, 2014 - Formal Page 3 of 26 Plan, more specifically the Downtown and Riverfront Crossings Master Plan. Howard pointed out that the Master Plan specifically calls out this block for special attention due to its location along Ralston Creek and because of a unique cluster of mid -19th century cottages located along the property's Dubuque Street frontage. Howard pointed out on the aerial map the location of the property in relation to the Interstate Railroad and the old Depot. Howard indicated that the applicant has submitted a concept plan for how the property would be redeveloped along the Dubuque Street frontage, but decided not to submit a concept for the portion of the property along Ralston Creek, because there is a business on that portion of the property that has a long- term lease with an option for renewal, so redevelopment would not occur for some time. Staff finds that because the Riverfront Crossing Form Based Code will require any redevelopment to be designed with a "creek frontage," which means that buildings will have to be set back from the creek 30 feet and oriented toward a trail that would parallel the creek according to the "pedestrian street" standards in the code, that the goals of the Riverfront Crossings Plan would be met without having to impose any conditions on the rezoning. So Staff feels there is enough in the form -based code in this particular location to address the creek frontage in the future. Howard stated the other unique feature of this block is the 19th century cottages located along South Dubuque Street. The applicant has submitted a letter in response to the Commission's request for a concept of how they would develop the property along Dubuque Street. The applicant has submitted a letter that states that it is not feasible to preserve the cottages and therefore they propose a method of documenting them prior to demolition. They have also presented a brief statement regarding future development along the Creek and submitted conceptual elevation drawings regarding how they might design a new building along Dubuque Street once the existing buildings are demolished. Staff recommends approval of REZ14-00019, a request to rezone approximately 2.3 acres of property located with the 600 block of South Dubuque Street and the 200 block of Prentiss Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings Central Crossings (RFC -CX), subject to a conditional zoning agreement that specifies that if it has been determined by a structural engineer that the 19th century cottages located at 608,610, and 614 S. Dubuque Street are structurally unsound such that they cannot be preserved on site or moved, that an acceptable method of historic recordation and documentation of the cottages be conducted prior to demolition. Eastham questioned if housing has issued rental permits for these cottages and Yapp replied there is a rental permit for one of the buildings that has a residential unit in it, rental permits are not issued for commercial businesses. Businesses are inspected for occupancy when they first locate but not on a regular scheduled basis. Only if there were a building permit application would they be inspected again. Thomas asked if Staff knew when the last rental permit inspection had been done on the one cottage, and Yapp stated he did not have the information readily available. Eastham asked about a note in the Staff report regarding the University of Iowa completing a historical surrey of the area and the historical significance of the three cottages and wanted to know if the survey has started. Howard replied no, as far as we are aware the University of Iowa has not hired anyone to do the surrey yet, but they have signed an agreement to survey the entire area, most likely within the next year. Planning and Zoning Commission November 20, 2014 - Formal Page 4 of 26 John Yapp shared that Staff did receive today (November 20) a structural analysis of the cottages and shared that with Commission. Yapp stated the evaluation states the buildings are unstable, and the City is obligated to follow up on the analysis and post notice if necessary if the buildings are deemed unsafe regardless of what happens with this rezoning application. Swygard asked if Staff would then follow up with their own inspection of the building then. Yapp said that was undecided at this time, the structural analysis was done by a certified engineer so it's premature to say if the City (Housing Inspection Staff) would also do their own analysis. Hektoen stated if the cottages were determined to be a public nuisance notices would be posted deeming the properties unstable, even if currently occupied to alert the public there may be a potential health or safety concern. Freerks opened public hearing. Ted Pacha, 4848 480th Street SE, applicant and owner of the property spoke to the Commission. He stated that due to his health issues he is reviewing his property holdings and enlisted Hodge Group to look at the possibilities for this property and discuss rezoning it to Riverfront Crossings. He discussed the structural engineer's report, he received a notice in July 2014 from the City to do a structural analysis of the buildings because one building had a large crack down the back of the structure, which was then patched at that time and met City inspections approval. This most recent structural analysis was done because he made the offer last month to the City of Iowa City or the Friends of the Historical Society, to take the cottages and perhaps move them to a park or wherever. Mike Hodge, Hodge Construction, gave a short history of Hodge's involvement with historic preservation. At the beginning of the discussions of this property with Ted Pacha and the City, the preservation of the cottages was discussed. Just in walking around the buildings one can see the structural issues and it is not feasible to build anything alongside or adjacent to those cottages. Hodge showed examples of other building projects his company has worked on where they were able to preserve historical buildings. Bass Nagel Bakery Building, located at 203 North Linn Street, built in the late 1800's, was restored early in the 2000's and was recently placed on historic register. Next he showed the Berkley Building, located at 115 North Dubuque Street, built by Albert Berkley in the late 1800's, restored by Hodge Construction in 2011. Next he showed the Park House Hotel, located at 130 East Jefferson Street, built around 1850, Hodge restored it in 1998. This particular project did have structural problems they worked through to restore. Jim Jacob, VG Engineering, was the engineer that conducted the most recent structural analysis and has been practicing structural engineering in Iowa City for 40 years. Jacob spoke about the Park House Hotel project in the 1990's, it had some severe structural problems in that the interior floors are supported not only by the exterior masonry walls but added interior walls and columns that supported the floor structures above. These column and beam lines, the footings were settling due to some soil issues and undermining, so there were a lot internal structural issues. The brick walls for the most part were in good shape, and they were able to put some floor ties to provide stability. He stated that the issues at the Park House Hotel were local issues that could be dealt with, at the Dubuque Street Cottages, there are more global issues. The cottages have no internal support, the only basis of support for the cottages are the external masonry walls. Planning and Zoning Commission November 20, 2014 - Formal Page 5 of 26 Hodge shared these examples with the Commission to show the commitment to preservation when possible and that they went through feasibility studies on the Pacha property. After reviewing the structural analysis report, Hodge feels the Commission will agree that the only solution available is to raze the cottages, and after seeing the new concept for the property will find it will be a great addition to the Riverfront Crossing area. Jacob discussed his report with the Commission, sharing that the cottages all have wood frames and floors, the outside walls are composed of limestone rubble masonry, below grade and two wythes of brick masonry above grade. The brick masonry is tied together approximately every 8 rows of brick. Jacob pointed out the defects of the property discovered during his inspection of the property on November 17, 2014. He started by discussing the cottage occupied by the Martial Arts studio. He showed an area on the north wall where there was once a window, but had since been closed up, and the wall was collapsing where the window once was. He stated that there should not be a void in that wall, the brick wall is intended to be tied together and he showed a photo of a gap splitting the wall. Then, on the same structure, the south wall he showed the brick wall pulling away causing the floor joist causing to pullout of its pocket. As some mechanical equipment was put into this building, a couple of the floor joists were cut and are hanging. He showed a perpendicular wall adjacent to the south wall that has caused the south wall to bow outward. The crack extends down the wall. Jacob showed what a typical limestone rubble wall should look like in comparison to the walls of the Martial Arts Building to show the deterioration of the mortar that holds those walls together. He showed how the brick is sitting on the limestone rubble and pointed out how the brick has deteriorated. As the brick and mortar deteriorates, it collects on top of the limestone rubble. On the southwest corner of the Martial Arts building a small crack was found and with the small bar Jacob uses to inspect the structure, and his fingers, he was able to easily move the mortar and remove bricks with no effort. The mortar has disintegrated to a powered state, and many of the bricks are disintegrating as well. He showed a joint on the south wall, typical of similar joints in the structure, where he could insert his inspection tool several inches. He found that some caulk was inserted into the joints at one time, probably as an effort to keep moisture out, but moisture is still entering the masonry wall and as that moisture enters the wall, the brick absorbs it like a sponge and as that happens the dimensional growth of the masonry pushes on the bonded corners and that is what is causing the wall to bulge outward. Additionally due to the freeze/thaw cycles the walls are not fit to endure. There are many holes throughout the building where the brick is disintegrated, open joints, and distress issues. Freerks asked if there were working gutters on the building and Jacob stated yes, the gutters were working. Jacobs stated they did not excavate, however, they used a small probe into the soil and found no frost protected walls alongside the back of the building. He encountered rubble at anywhere from 12-16 inches. He showed the deterioration of the brick on the chimney, and loss of foundation support on the northwest corner of the building. Eastham asked if the photos showing the cracks were the basement walls, and Jacob stated no, these were all above grade exterior walls. Planning and Zoning Commission November 20, 2014 - Formal Page 6 of 26 Jacob then moved on in his report to the middle building that houses the antique shop. He showed cracks at the front door, and said this building has many of the same structural problems as the Martial Arts building with the joints, and the disintegration of the mortar and bricks. He showed a photo of the south wall showing open joints and that he could rake out the mortar and brick on that wall easily. He showed an actual brick to the Commission that he was able to remove from the building to show its deterioration. Because all the mortar in the walls has turned to powder, the bricks are basically now dry -stacked. Jacob showed a photo that showed the electrical conduit in relation to the wall, which shows how the wall bows outward as the conduit remains straight. Measuring from corner to corner, the wall bows about two inches. He pointed out a crack in the north wall of the antique shop building, areas where brick repair or replacement had been done in the past, and the damage done since those repairs. On the east wall there was lots of cracking and open joints, and more deterioration of the brick and mortar. Jacob showed a photo of the inside of the antique shop building, in a bathroom you could see the wall pulling away from limestone rubble. Jacob moved on to discuss the bookstore building. There was a bow in the east wall. The bow on the east wall shows deterioration of the mortar and brick, as well as seen on the north side of the building. He showed a photo of a floor joist and you could see that the floor had been damaged by insect damage in the past, and although it has been reinforced with additional members, the floor joist are extremely overloaded due to the extreme weight of the books. The floor spans the entire width (17 ft.) of the building with no additional internal support. He showed that the owner has installed 46 boards to attempt to hold the corners in place. Wade Squires, Fusion Architects, spoke briefly about the proposed building design showing the site plan. The proposed building is a single "C" shaped building with a first floor of mixed occupancy, some retail some residential spaces, mimicking the existing long building that is on the southwest side of the property. Because the building is quite large, they are trying to fit it into the Iowa City aesthetic with the front facade have different setbacks, materials, and windows to almost represent a townhouse type of feel, similar to what would be found in historic Chicago or Washington D.C. These differences will help the large scale of the building be broken down into a more pedestrian scale. Kevin Di mann, Hodge Construction, discussed the economic impact of the project. He also noted that this building would have one or two levels of underground parking which would require intense earth work, and it was after looking at this project and the possibilities we feel the cottages would never withstand the pounding and moving of the earth in the area, and would just crumble from the impact. Regarding the economic impact of the building, the current assessed value of the property is $1,000,085 for all the buildings, this new building would have an assessed value of at least $10 million. This would then be a substantial tax gain. At this time it is not decided how many of the units will be residential or commercial but no matter what the ratio, it will still be a tax gain for the City. He also noted that the building would be a high quality building where the residents were not likely to need a lot of City services. Eastham stated the Commission received a lot of messages regarding this rezoning and the historical value of the three cottages that currently hold small businesses. Eastham asked if the current tenants of the cottages have been approached to have spaces in the new building. Digmann replied that Pacha has been in touch with the tenants and would help the tenants look for spaces during construction, but Hodge Group has not received any inquiries for possible Planning and Zoning Commission November 20, 2014 - Formal Page 7 of 26 tenants. Digmann also noted, however, that the rents in the new building would likely be different than what the businesses are paying now. Alicia Trimble, 2232 California Avenue, Friends of Historic Preservation, thanked the Commission for allowing the public to voice their concerns. 608 S. Dubuque, the cottage that holds the bookstore, is also a rental property. As rental property, Ron Herman, rental inspector with the City of Iowa City inspected that property. He did find a crack in the back wall, which then required the owner to hire a structural engineer and to report to the City. Trimble stated that one year ago, Mr. Herman went back out to the site and released the rental permit, meaning it was safe to rent the property. Trimble proposed that the Commission request to look at that inspection report conducted by Mr. Herman. Freerks asked Hektoen to see if the Commission could view that report. Trimble remarked that the comments of the structures being too unsound to have something built around them, developers of adjacent buildings are always responsible for taking caution to structures they are building around. An example would be with the Sheraton Hotel downtown significant damage was done to Bushnell's next door (now Martini's). The property owners were not responsible for paying for the damage, the developers for the Sheraton were. Trimble feels the same should hold true for this property, if the developers cannot put in a parking garage or a building next to the cottages then they should look for other options. Trimble next wished to comment on the Staff recommendations. The job of the Commission is to make sure project follow the policies of the Comprehensive Plan. It is stated in the Comprehensive Plan that preservation of these structures (cottages) is a goal. It says nowhere that moving these structures is a goal. Trimble requested that the Commission take some time to walk around the Cottages and see the walkout lower levels in the back because they are built into the side of a hill. Because of the walkouts, the structures are not moveable. Also, in terms of preserving the history of these buildings, placement does matter, it is critical. One of the many reasons Friends of Historic Preservation want to save these cottages is the relationship to the history of the railroad in Iowa City. The cottages are on the block between Prentiss Street and that historic rail line. The railroad was very important to Iowa City history. The railroad coming through changed the whole dynamics of the city, the city's population boomed, travelers came through, and a whole industry developed around the railroad. It would destroy the context of the cottages to move them, and be the opposite of what the Comprehensive Plan calls for. The Plan also does not state it is okay to destroy the cottages if you document them. Trimble believes there is a critical threshold here, there is not much of the historical Near Southside left, and the Comprehensive Plan only calls out two other buildings in the immediate area, Sabin (which is lost, it will be taken down) and Tate Arms (which is being saved by other developers by using the transfer of development rights available in the form -based code). In exchange for saving Tate Arms, the developer is receiving density and parking bonuses. Trimble discussed the proposed zoning that would allow for four stories however an additional four stories could be granted if these cottages are preserved and she hopes the City will strongly consider that. In closing she stated the cottages are the story of Iowa City, the gateway to the west. Trimble stated that the cottages have been ignored for too long, they are truly architectural significant to Iowa City and that alone should make them worth saving. The Comprehensive Plan calls specifically for neighborhoods with character and these cottages were specifically called out as significant and show the character of Iowa City. Planning and Zoning Commission November 20, 2014 - Formal Page 8 of 26 William Ingles, 605 South Dubuque Street, is the tenant at The Bookshop, housed in the cottage at 608 Dubuque Street. Ingles stated he believes a property owner should be allowed to do with his/her property as they wish as long as it is legal. Given the reasons Mr. Pacha gave for wanting to make a change in the block, Ingles wonders why Pacha hasn't given the opportunity for current tenants of the block, not just those located in the cottages, to purchase the properties rather than selling to one giant developer. If the plan was for Pacha to maintain ownership of the property and just have Hodge develop, that is unknown to Ingles, but he believes there are interested buyers who are already tenants for the individual properties. Ingles stated he is concerned about a couple of things. First that the Commission has the most current information. According to the today's Cedar Rapids Gazette, Hodge Construction stated in a November 13 letter that the cottages were structurally unsound. Ingles questioned the date of the inspection letter the Commission received. Yapp stated the date of the structural engineer report was November 20. Ingles questioned the integrity of the Hodge letter when the report was not completed until November 20. Second, Ingles commented on the pictures Jacobs showed this evening, Ingles believes many of those repairs are simple. He has been in his location for 28 years, and was taking care of the properties prior to Pacha purchasing them in 1996, and was unaware of some of the structural issues that he feels he should have taken better care of. Ingles believes that in the pictures what is shown as lost mortar is lost paint, some of the paint has peeled off and exposed the existing mortar which adds character. He also believes some of the cracks are easily repaired. The buildings are built out of Oskaloosa soft brick that is the identity of the brick that was used and about 5% of those brick fail they just weren't made all that well which is why Ingles tried to tuck point them back together. Ingles don't believe that the Commission is getting accurate information. Two specific things regarding his specific building, there is a beam that runs from the front of the building (facing west) to the back of the building which is about 40 feet. It is a 6x8 beam with no less than 7 spiral jacks to support the floor. So to say that the upper floor of the building putting too much weight on the floor to be supported is incorrect. The building has been inspected biannually by both the City housing inspector as well as the Fire Department, so in order to believe the report it would mean the inspector and fire department is amiss in their jobs since they did not find these issues. Lastly the statement that the bricks are a monolith and not supported and just stacked up is not possible for the inspector to note because there are interior walls, and in his particular cottage the interior walls built of 2x4's are tied into the brick so that no bowing can occur. They are tied in at both floor and ceiling level. Because Ingles works on these buildings quite a bit, he reiterated he does not feel that the repairs needed on these buildings are significant. Lauren Siebert, 700 South Summit, started by stating she does not support tearing down these cottages, or building such a large new building in the area. The proposed concept building was mentioned to be great because it would be like something you would see in Chicago or another large metropolitan area. She stated that we choose to live in Iowa City, not Chicago, for a reason. This is an example of building that will be considered the blight of tomorrow. If you look down Dubuque Street now, you see buildings that stand empty and look soulless. It looks nothing like the Iowa City from when Siebert was young and not like the Iowa City she wishes to see for the future. One of the men from the Hodge Group tonight spoke of how this development is a good thing because the people that will move into this development will use minimal City services. Siebert stated that having lived in other areas, she has seen developments like this Planning and Zoning Commission November 20, 2014 - Formal Page 9 of 26 and what developments like this mean is no poor people. This is the type of development that is all about moving poverty out and moving poverty around. It was also said this is development would bring an increased tax base, which may be true but would it help people here get affordable housing, or help people here get jobs that are not minimum wage service jobs, or will this development just help those who already are wealthy. The issue of not using services makes Siebert skeptical because the question is who will actually get services or use the services. Because this proposed development is just conceptual and so much undecided Siebert would be shocked that when it does all come to fruition TIF or tax incentive rebate requests are made. She closed by stating this is not about making sure we have habitats for the right people, this is not so people who come to our town do not become an unfair burden on the good of society, this is about making sure the people who will benefit will continue to be the people that already benefit from society, not the people that truly need our help. Pete Hartley, 602 South Dubuque Street, is speaking on behalf of Mike Chamberlain, the owner of The Broken Spoke bike store located at 602 South Dubuque Street. He began by stating this proposal does not have one unoccupied space that it wishes to replace. The 600 block of South Dubuque Street is currently occupied by 10 businesses and at least 6 apartments at reasonable rental rates. These businesses have all been long standing and stable without a high rate of turnover. Hartley believes this is possible because of the likeability of this neighborhood. If this proposal were to proceed he feels that all of these businesses would be forced to either relocated or close permanently. The three cottages cannot be replaced nor can the character of this neighborhood. This development would simply result in adding to Iowa City's surplus of exorbitant commercial spaces below apartment complexes that sit unoccupied for the majority of their life spans only to wait for unsuspecting businesses to come and go. Parking lots, undeveloped lots, and empty buildings are all much better sites for this new building than taking over already thriving and occupied neighborhoods. Nora Boerner, 943 E. Davenport Street, a resident of Iowa City is not in favor of taking these buildings down and changing this historic part of the city. She spoke to her points in two different ways, she is the daughter of an architect, and worked with him for many years. Her father has seen these buildings and has even discussed possible add-ons for the buildings. He found them to be inspiring. Boerner stated her unhappiness with the structural engineer's report from the standpoint it was presented. It would be nice to hear another point of view from someone who is not invested in the project. The other point for her is the proposed conceptual building is completely soulless, having actually lived and worked in a building styled similar to the proposed one in Minneapolis/St. Paul. It was built as the "brand-new" thing, lots of money spent and said it would include section 8 housing, but the catch was the section 8 housing people couldn't afford to park there. So the building projected ended up being something that was unsustainable and not what it was proposed to be. Businesses moved out, not able to afford the rents there. So from an architectural standpoint Boerner is not in favor of filling this block up with something soulless you can see anywhere else. Personally, Mr. William Ingles offered Boerner a job when no one else would. Being a brand-new mother, brand-new to town, and he allowed her to bring her baby to work with her. That is kindness you cannot find, no boutique in this new development would be so accommodating. This town needs small businesses, if this project goes forward, what will happen to the wonderful small business owners in this area. Even if they are offered rental spaces in the new project, they likely won't be able to afford them. Boerner stated her family left Iowa City, and decided to come back because of the culture, because of the importance people show to historic landmarks, historic properties, and also to one another. Planning and Zoning Commission November 20, 2014 - Formal Page 10 of 26 Nancy Carlson, 1002 East Jefferson, began by stating she was unaware this meeting tonight would be an introduction to a "this old house" project because she has seen these problems over and over again on This Old House. The difference is they are presented and solutions are explained, they don't just tear the projects down. So Carlson feels the question is if the developers are interested in preserving the buildings or if they want to use the problems as a reason to further other interests. Carlson stated she does not want to see these buildings torn down, and feels the problems pointed out on these cottages could be solved as they are often done on This Old House. The question is really what the landlord wants to do and what does the City want to do. Neill Sylvan, 1722 Morningside Drive, is a resident of Iowa City and the owner of the Haunted Bookshop for 10 years. During the time Sylvan has been at the Haunted Bookshop, she has had the opportunity to work with Hodge Construction, and has respected their commitment to historic preservation. However she respectively disagrees with them on this point that the cottages don't deserve to be saved. As a bookstore owner, she can speak to several trends that are really important to consider as the City of Literature. As recently as 2007 there were six independent, locally owned bookshops within a walkable radius of the center of the city. There are now three. Two of the owners have closed due to health issues or a decision to retire, a third one was driven out by a four story multi -use building less than two years ago. Sylvan can report firsthand that visitors from around the country and world report immense disappointment when they realized the Haunted Bookshop is the last shop they can visit that has parking in the Northside neighborhood. The only other place they can go to visit two bookshops at the same time is South Dubuque Street where Uptown Bills occupies a space on the 100 block just down from Ingles bookstore. In terms of the literary heritage of the city it is also important to realize that this is a historically literary neighborhood. Ingles has been in his location for 28 years which is amazing in the book industry. The other thing about these cottages is the one at 610 was once a store called Al & Dooley's in the 1970's. Iowa City has only one native literary movement and it was born at 610 South Dubuque in Jim's Books and Records. Another point Sylvan wished to share with the Commission is the importance of diversity of buildings to the used book trade, because this is a literary city, it is worth considering. Diversity amongst bookstores is as important as diversity among books. Ingles shop, his diverse selection of books, his customer base, his neighborhood, all have a distinctive character. She hears from customers all the time how much they love Ingles' shop. It represents different books, a different route to literacy and a different market than other bookstores. Bookstores do not open in spaces like the concept proposed because the square footages available tend to be small, bookstores need space to maintain an inventory to allow for staff and demand, and the rents in these new developments are out of reach for small business owners. These new developments also do not have ways for the renters to customize their spaces, to make them look more individualistic, and the one way physical bookstores compete against online bookstores is by having a distinctive character. The front of Prairie Lights is iconic and has appeared in several books over the years about the beautiful bookshops in this country. Bookstore owners deserve a chance to have a distinctive bookstore like that. Sylvan spoke to the Commission less than two years ago about another bookshops central, quite perfect location for a bookshop, and a space to house a restaurant as distinctive as the Red Avocado and other business on the 500 block of Washington Street that were affected by the development there. Respectively the Commission said Sylvan was wrong, and it was true because that location was already zoned so there was nothing the Planning and Zoning Commission could do to save those properties. This is a different situation, the Planning and Zoning Commission November 20, 2014 - Formal Page 11 of 26 Commission is in position with a request before them for rezoning and they can add conditions. The Commission has the power to protect one of Iowa City's oldest neighborhoods Ginalie Swaim, 1024 Woodlawn, told the Commission she has been involved in historic preservation locally and at the state level for many years. Her point tonight is cottages like these are mid -19th century representing working class individuals and are very rare in the entire state. For a long time the state preservation has saved public buildings and larger institutional buildings. About 10-15 years ago it realized housing was also important for the story it told and it's just beginning to recognize the importance of working class houses, the problem is not many of these remain intact. The fact that there are three of these cottages in one location is quite a plum. As Swaim has seen state-wide what type of buildings are being preserved, there are very few working class houses, so she urges the City to work to save these. Joseph Pettit, 440 Hawkeye Drive, a resident and student in Iowa City who has lived here all his life approached the Commission to say that nearly three years ago he was unaware the three cottages on Dubuque Street even existed. It was only after a stroll down Dubuque Street that he discovered the cottages and Ingles' bookstore and Suzy's Antiques. He is upset to learn now that these delightful places could be destroyed. Pettit names a few reasons to oppose this rezoning. First is having seen many businesses and some homes demolished in favor of a homogenized downtown, it's all just high-rise apartment buildings with a relatively meager selection of businesses. There are liquor stores, pizza parlors, and nightclubs. There are no bookshops or any other sort of small store like Ingles Bookstore, Suzy's Antiques, or the Kung Fu Academy. It is dispiriting to watch the soul of Iowa City get drained out every few years or so. The second point is some concerns with Hodge Construction, they own a rental subdivision of apartments in Iowa City that caters to students. What he feels this means is if this proposed building is built, people who will most likely move in are students seeking rental apartments. He also assumes these rentals will be expensive. The other part is building this property and allowing it to be used by students, a little bit of the community is destroyed. Having students move into this community will be a revolving community that will never settle down. There has been vandalism and littering at the apartments nearby and this new building would just be a continuation of that. Another point is the stability in the way things are and believes the cottages can be refurbished, they can be strengthened, bricks can be replaced, the friendships and bonds of the community cannot be replaced. Matthew McCarnin, 100 Currier Hall, spoke as a representative of the student of the University as well as numerous writing groups. He along with others in the literacy community came to the University of Iowa because of its unique spirit and atmosphere of Iowa City only to share the feelings of being let down. Iowa City is the only City of Literature in North America and it is extremely disheartening to see that even directly across the street from the iconic Pentacrest are bars and restaurants, places that many writers are not comfortable. He feels that the generosity and spirit of the city is disappearing as now when people hear about Iowa City they don't hear about the City of Literature, they don't hear about how this is where the best writers in the world come to read and to study, they hear about the drinking, and the partying, and the bars. He added that during his walks of Iowa City he has met many people and feels one will not meet a better group of people than those in the cottage neighborhood. We are not just talking about three buildings, a zone, or an area, it's about the people, their livelihoods, their businesses, neighborhoods and sense of community. A final issue McCarnin wished to share was how the students are scared, they don't know what they will do after college, how they will survive, the Planning and Zoning Commission November 20, 2014 - Formal Page 12 of 26 cost of living is rising and rising and it's hard to make a living as a writer or artist. Iowa City has given writers a home, a place to call their own. Everyone should have stability and find happiness. Neo McAdams, 606'2 Church, has been a student at The University of Iowa for 10 years and has lived in this town 8 of those 10 years. This proposal is proposing a mixed used residential and business neighborhood but what it seems to be overlooking is that the neighborhood that is there already is an established functional mixed use neighborhood which functions as a place for many services that are hard to get in other areas. The bookstore has been focused on, but McAdams questioned if there is any other place that offers kung fu, and the other buildings on the block that have been discussed less, like the bicycle shop, or the tailor and the Shoe Doctor are functional service shops that have been established and used by many. These businesses cannot be replaced. There is simply no replacement for the established functional neighborhood. Pam Michaud, 109 S. Johnson, lives directly behind a four story building that was built two years ago at the 500 block of Washington Street and it was nearly identical to this situation. A building built that replaced 10 individual businesses and services with one large building with 3 large commercial spaces and now only one is occupied. The one that is occupied is a calzone shop immediately adjacent to a residential space, and that calzone shop is open to 4 a.m. three nights a week. She feels that is an inappropriate proximity zoning wise and feels it will be the same thing if there are large spaces, they cannot be filled in peripheral areas. The commercial spaces need to be smaller, so they can support small businesses. Michaud was part of a used bookstore ownership on Linn Street 25 years ago so is familiar with the characters here. There is a need to pay attention to the size of the commercial spaces and their per square foot value. Small businesses cannot be supported, at the time of the building on Washington Street, there was hope that the Red Avocado could be placed in the new space, but it was not feasible and it will not be feasible for the existing businesses on Dubuque Street to close, wait for a large new building to be built, and expect to move in and regain their business a year or two later. Mary Bennett, 1107 Muscatine Ave, has lived in Iowa City for 42 years and remembers a quite different town, one that is missed. 307 South Capitol where she once lived in the 70's was referred to as the former Haight -Ashbury of Iowa City with all those glorious homes that surrounded the courthouse. Houses with marble fireplaces and sun porches. Those homes were torn down, landlords let them rundown so they could easily be found structurally unsound. So with what is being proposed and stated by others today defeats the argument because it has been said the developers were willing to invest in a property like the Park Hotel or the Berkley Place and put the money into the restoration that was required. The photos of the cottages are not surprising, that is what a building would look like after 150 years, especially if there has been neglect or lack of stewardship. This situation is a long story of neglect. As we walk along the City streets we can find visual evidence of history which stimulates imaginations and inspires creativity. This neighborhood speaks about the working class. In researching the city's history there are stories about the businesses that were in this neighborhood and the livelihood. Bennett stated she works with University of Iowa students, particularly those studying urban and regional planning, or historic preservation, and it is amazing that their professors point to the Iowa City Comprehensive Plan as a model; the fact that you use serious community engagement to determine the vision for this town and what everyone wants it to look like. Somehow the Commission's job is to find a balance between the people who want to raise the tax base, raise Planning and Zoning Commission November 20, 2014 - Formal Page 13 of 26 the density of the population downtown, and those who want to hold onto something that reminds them of the past. There has been a parade of homes destroyed in this community and feels it is the Commission's charge to look at how over time, over many decades, members of this community reiterated to you again and again through their actions, through the historic preservation commission, through your own efforts that we do value history in this community and even though the cost may be high to say those three buildings cannot be saved because of their materials or because of how they are fabricated, or age, is false. There has been a beautiful job restoring the Old Capitol. If this was Abraham Lincoln's home in Springfield, you know it would be restored. These buildings can be saved if the community is willing to make the investment. Other neighborhoods in Iowa City have been infringed upon with monstrous buildings that bring high rises into historic neighborhoods. Bennett encourages the Commission to look at the work they have done, the work of their predecessors and hear the voices of this community, and understand the community treasures these buildings and begs you to save them. The powers of money and power in this town need to be balanced with creativity and preservation. Susan Holtman, 610 South Dubuque Street, a business owner at 610 South Dubuque Street, known as Suzy's Antiques and Gifts. She has a unique perspective from others that have spoken tonight as she was born here in Iowa City in 1952 and moved away several years during her teenage years but has been back since the early 70's. She has seen Iowa City change and deteriorate as far as tearing down the older historical neighborhoods and businesses. It is a travesty in this community. Holtman is speaking more from a historical point of view, not as a business owner, and would like to see this block preserved with its proximity to the old depot it is very important. Iowa City is losing its uniqueness. Her business has been closed for about a year and a half because of family responsibilities. Prior to that, her business saw visitors from all over the United States and they would comment on how unique the neighborhood and the cottages were, that they had never seen anything like that. It really bothers her that when you go through Iowa City and only see new structures, we need to preserve our historical structures. Swygard mentioned that the applicant held a good neighbor meeting on October 8 and was wondering if Holtman was aware of that meeting or able to attend. Holtman responded that she did not know anything about the meeting. Erin Fleck, 1506 Crescent Street, a resident of Iowa City, who grew up in Solon, attended classes at The University of Iowa while still in high school and loved to experience the freedom and vibrancy of downtown Iowa City. Fleck left the city for college and when she moved back in 2001 she became involved in the feminist community here in Iowa City and owning small businesses including Ruby's Pearl. Since then many of her friends have moved away as it is hard to keep growing in Iowa City, the economic diversity for good jobs is not here as it is in bigger cities, so many moved away. When those friends come back, either to live or visit, they recognize the city less and less, which is really sad. Flecks believes that since 2001 there has been quite a decline in the vibrancy of the city and downtown and it's become a soulless corporatization and privatization of public space to benefit a few and so many small business have disappeared. Fleck stated she has been before the Commission with other development projects that were proposed and feels there is a lack of consistence with a vision for a future of Iowa City and is very concerned this topic will keep coming up again and again because she believes there are not the right regulations in place to maintain and create a vibrant development that harmonizes historical structures while also building for a better future. She mentioned the Comprehensive Plan, but Planning and Zoning Commission November 20, 2014 - Formal Page 14 of 26 feels it doesn't seem to be going anywhere, or in her opinion, anywhere good. To reiterate, her concerns are lack of vision, and a loss of some of the most beautiful parts of Iowa City from the past. Josh Langseth, 1722 Morningside Drive, wanted to tie together a couple of important points he has heard brought to the attention of the Commission and public tonight. The structure that has been proposed as mixed retail and residential has to have a market, an intended audience, there has to be people who are willing to live here, and Langseth wonders who those people will be. The idea has been floated that young professionals will be attracted to this place, however he is unsure that is true for the reason that there has been a lot of development happening in Iowa City geared towards the young professionals. Park @201 on the Ped Mall, the new glass tower, has been marketed toward young professionals, and also the proposed Chauncey building, Marc Moen's building, is also geared towards young professionals, whoever these young professionals are. The only conceivable market Langseth can see for this proposed building is well-heeled students, which would be a revolving door of renters who will bring the student culture into this neighborhood and displace the city culture. That would be the best -case scenario. People have voiced concern about a declining student population at the University and if that happens and that market dries up, who will then live in that building. Langseth can think of no market for this building if the student population dries up, this would cause urban blight. This proposed plan is designed for the immediate profit of a developer and not sustained value for the community and so we should do everything to oppose it. Jill Abruzzio, 333 Douglass, from Savannah Georgia, one of the oldest cities in the United States and in Savannah there is a building much like this one, called River Street, that was founded in 1733 and it has been restored. If a building of that magnitude can be restored, it shows that with some community support it is totally possible to restore those tiny little cottages. Furthermore, people travel to Savannah because it is the oldest city in the United States and has many historic buildings that have been preserved. It is amazing because there is even a law there that states if a tree is a certain size and age you must build around it because the historic regulations requires its preservation. That city respects their past. Abruzzio is curious why no one has discussed the environmental impact of a building this size, this is a huge effort which will take huge resources, and invites more vehicle traffic into this neighborhood, a city that is trying to state it is a bicycle city. Also, coming from Savannah where there is the Savannah College of Art & Design, students are involved in the historic preservation and feels the City should consider using student efforts for research and preservation of these buildings that can be done in a certain amount of time, perhaps a short amount of time. Abruzzio also shared that she is a fan of local businesses and shops at the businesses in this neighborhood. This proposal seems to be a struggle with identity over economy, so she would like the Commission to consider the identity of Iowa City and decide who we truly are. These small businesses all have their own identity that should be respected. Matthew Biger, 519 N. Johnson St., has only been in the city since 2011 but loves this town. However in this short time has already seen too many situations similar to this and urge the Commission to consider that once they make a decision to rezone this property, that is it, it's done, something can be built to whatever standards, but not to the standards of 1860. Even if this proposed building is built, what kind of shape will it be in in 150 years? Will it be in the same condition or worse as these cottages are now. This community can come together and restore these cottages. Biger urged that another opinion be brought into the equation. Planning and Zoning Commission November 20, 2014 - Formal Page 15 of 26 Al Rayman, 1044 Lakeside Drive, stated everyone that has come forward tonight is talking about losing this neighborhood like they are losing a member of their family, but for him that is almost literally true. Having done his undergraduate studies here, and now been employed by the University for five years, it wasn't until he found the folks at the Broken Spoke he could call friends and a place to spend free time and not feel like he was surrounded by the transient undergraduates that come and go throughout this town. The proposed building is not for this town, the 10 businesses that work in the neighborhood work there in spite of the fact that there is plenty of open commercial real estate on ground floors of buildings similar to this because the spaces they are currently in allow them to conduct business in a way they are more comfortable with and be proud of. The businesses that go into the new proposed building's commercial space are the type that need to turn over customers quickly, get them in and out, and not spend quality time with them. The owner of the Broken Spoke spent hours working with Rayman to find the right fit and bike for him. So if it is decided that the small cottages can't be saved, we really need to think about these 10 businesses and how they do business and make sure they can find a way to continue to do business in a way they wish in Iowa City. Brennan Van Aldrannah, 418 Brown St, has only been in the Midwest for a couple of years, since 2012. Having grown up in Oregon and spending whole life on the west coast, coming to the Midwest has found it to be very rich in little bits of history. Out west there is only big grand buildings, or maybe a fort or two, and finds it appalling that this type of conversation is even taking place because he feels that if something is 150 years old it is really great that it is still around and we shouldn't just bulldoze it for these empty looking stock houses that just fulfill some sort of assessment boost. The Commission has the power to protect this piece of Iowa City and Midwestern history. Ricardo Rangel Jr., 4051 Gustav St., recently moved back to Iowa City after living in Chicago for three years, and the one corner of the proposed building looks just like the building across from his in Chicago that was the hangout of some gang members. Clearly these tiny dilapidated businesses have a lot of soul and this huge multi-million dollar cash cow doesn't. Andrea Truitt just moved to the area from Minneapolis and is a PhD candidate at The University of Minnesota in the Art History department. She wanted to state this is a political choice, either keeping these buildings or approving this new development and the erasure of these buildings. The destruction of these older buildings is also an erasure of working class history. Not only the working class history in Iowa City but also from the viewpoint of American working class history. Truitt also stated a dislike of the aesthetics of the proposed building, the row house aesthetic in Iowa City, is supposed to evoke a similarity to Washington DC or to evoke Chicago - this is not Chicago, this is not Washington DC, this is Iowa City and it is clearly the wrong aesthetic for this town. It makes no sense, it is the wrong scale for the area, it doesn't matter if it's pedestrian friendly, it is not in scale to what is in that neighborhood, what is around the proposed building site, and it does not respect the history of that neighborhood. It is a completely inappropriate building. Swygard asked Mr. Ingles if he was aware of the good neighbor meeting on October 8 or attended it. Mr. Ingles replied that tonight was the first he was hearing of this meeting, but did not blame Pacha for that as he has health issues and he could have stopped by and Mr. Ingles may have not been there. Ingles also wanted to state that Pacha is a great fellow, a huge supporter of Planning and Zoning Commission November 20, 2014 - Formal Page 16 of 26 Iowa City and the history of Iowa City, he was distraught when his old birthplace was torn down by Johnson County and doesn't want the public to gang up on him. Freerks kept the public hearing open as the Commission may have questions for the applicant or others as their discussion progresses. Freerks first asked Staff what the limitation time was on this application. Howard stated that the applicant did waive their 45 day period, but suggested that the applicant be asked if they would be willing to defer again if that is the desire of the Commission. Freerks believed the Commission will have a lot of questions and thoughts, as it is difficult to mull over all of this testimony in just a moment or so. Freerks had a question for the applicant, or applicant's representative, if they would be open to have someone from Friends of Historic Preservation and another structural engineer inspect the cottages. There seems to be a real "trust me" on this. She noted that this rezoning is a big step and would be a huge up-zoning. With the current zoning it would allow for maybe 15 units on this property. She noted that the properties are not currently protected as historic structures so there is nothing that would prevent the owner from tearing down the structures. The owner has the right to do that. The question is whether the applicant would be open to an independent structural engineer, not even one from the City, but independent. Eastham seconded that question, wanting to know if the applicant was open to this suggestion. Freerks asked first if the applicant would be willing to allow a deferral of decision this evening. Hektoen informed the audience what was actually occurring at this meeting, this is property has not been designated as a historic site, and she noted that the owner could take out a demolition permit tomorrow and this Commission does not have the power to stop that. Freerks explained that the Commission's purview is to review the rezoning request for consistency with the Comprehensive Plan, and it does state one of the few goals for this area is cottage preservation. The question is if it is of value to the property owner to make the repairs or not. So tonight the idea is to decide what is in the best interest of the community. Pacha replied that he has no problem with an independent structural engineer, paid for by some other group, reviewing the properties. Pacha feels something needs to be done quickly, because with the information he has already received, his attorney says he needs to get something done as people could be in danger. So if this new study could be done within a two week period or so, he would be in favor. Pacha did state he has no relationship with Jacob (who did the structural survey) so is unsure why there is vibe otherwise. Eastham stated this is a very important decision about these three buildings, especially since the Comprehensive Plan does single them out for preservation. It is not unusual to get more than one opinion when trying to make such an important decision. Pacha stated he has been lost trying to figure out what to do with this property and will do whatever he can to help the businesses. There are more than a dozen rental places within three blocks of the area that are available so things could be worked out. These folks are friends of his, not just tenants. He has reduced rent to allow them to stay, or allowed some to be late on rent during extraordinary times. Planning and Zoning Commission November 20, 2014 - Formal Page 17 of 26 Thomas stated that to have another structural engineer inspect the properties is important, but the larger issue is what the Commission will then do with that information. The Comprehensive Plan did call for preserving the buildings, and the zoning suggests a way to preserve the buildings (through transfer of development rights), and still develop other areas of the property, but we have not been presented with that scenario. Digmann addressed some of the issues with the good neighbor meeting. He stated that proper procedures were followed to schedule the meeting, mailings were sent out to surrounding property owners, and rezoning signs were posted out in the front yards of all the properties. The other issue is the dates of the structural report were brought up this evening, when this project was first brought to the Commission in October, the structural issues that were mentioned were in the opinion of the developer. The actual structural engineer report was the one dated Monday, November 17. Finally, Digmann wanted to discuss the tenants, his development firm is also a landlord, and have other commercial properties, and does feel sympathetic to everyone, but at some point they are not going to have their business anymore, their leases will come due. Landlords tend to be the bad guy if they want to do something different with the properties, but if a lease comes up and a tenants moves out, that can leave the landlord in a lurch. Freerks stated she has been through a historic building with an owner once, and the owner was told it was structurally unsound. That particular building is still standing, occupied and able to be used. This was also a case of a differing second opinion. Hektoen suggested closing the public hearing at this point so the Commission could have discussion. Fleck questioned the statement of this board not having the power to preserve the cottages, and questioned then who does, what government body can. Freerks explained that is part of the moving puzzle. The Sabin Building was also called out in the comprehensive plan for preservation as it was also one of the few historical structures in this area. The University of Iowa, as part of the mitigation for the loss of the Sabin School, will be conducting a historic survey for the rest of the area, which includes these three cottages, so that is something that is supposed to occur within the next year or so. There are different designations of historical preservation, local designations or national designations. Some will have tax dollars related to them, tax benefits to them, the local designations are the ones that actually protect the structure. There are also conservation districts in the state, Iowa City having one of the first cities to have conservation districts. Hektoen stated that the cottages would need to be designated as local historic landmarks but at this point they are not designated as that, nor has an application been made to designate them as such. Howard stated that it is the City Council that has the power to designate buildings as local historic landmarks. Freerks closed public hearing. Eastham moved that this item, REZ14-00019, be deferred until the next meeting on December 4. Martin seconded the motion. Planning and Zoning Commission November 20, 2014 - Formal Page 18 of 26 Eastham pointed out that he would like to see a second structural engineer report on these buildings, however the City is not going to pay to have that done, the Commission is not going to pay to have that done, so there will need to be a group in the community that is willing to do that. Freerks directed anyone interested to meet with Pacha after the meeting to discuss finding an independent certified structural engineer with historic preservation experience. Swygard made the comment that the Comprehensive Plan for the River Crossings District encourages contextual infill. She is wondering if the applicants' architect would consider something a little more contextual for the property. Freerks agreed, it is a very long building proposed, which is not common in Iowa City, and the plan calls for various structures, some small, some large, some tall, etc. so a mix of structures, not necessarily a block long building that doesn't appear to fit in the area, even if the cottages were not there. Martin agreed, at the last meeting this was discussed, the Commission asked for a concept to go along with the rezoning, and still feels there is not enough thought going into this and shares the concerns about the context. Swygard said the Comprehensive Plan also calls for mix of housing and does not see this as a new housing option. Eastham stated since he made the motion to defer, he wished to voice the areas he is concerned about. One is the same concern Martin made about a single building doesn't seem to be quite right for this area. He has also been persuaded by the public comments he has heard this evening, as well as the 130-140 emails received, and the concern about supporting a mix of small businesses in this neighborhood, not necessarily historic ones, but any small business. Freerks stated she is interested in seeing what will add value to the neighborhood, and not just in tax dollars, although that is important, but if the Commission grants the up -zoning of this neighborhood it has to be something that will benefit the community as well as the owner and developer. Martin stated to be clear, when something is zoned for the River Front Crossings that allows this Commission to add conditions of approval. Theobald supported what everyone else had said, whether the cottages can stay or not, there is a historical nature to this neighborhood that needs to be preserved. A vote was taken and the motion carried 6-0. Development Item (SUB14-00021) Discussion of an application submitted by MBHG Investment Co. for a Sensitive Areas Development Plan and Preliminary Plat for Sycamore Woods, approximate 34.86 -acre, 115 -lot residential subdivision located west of Whispering Meadows Subdivision, Parts 2 and 3, along extensions of Whispering Meadow and Blazing Star Drives. Waltz shared with the Commission at the November 6 meeting a number of questions were raised during the public hearing for which the Commission requested clarification or additional Planning and Zoning Commission November 20, 2014 - Formal Page 19 of 26 information. With regards to traffic capacity and circulation as part of the previous rezoning the developer has to connect Whispering Meadows Drive across the Greenway. The extension will remain a stub street and does not connect with any street west of the Greenway, including Sherman Drive, until the next phase of the General Quarters Subdivision is constructed. In the meantime traffic will rely mostly on Nevada Drive as the access point to this subdivision from Lakeside Drive. Both subdivisions are currently at the preliminary plat stage, it is unknown when each one will be built and the connecting street from Whispering Meadows to Dickenson Lane will be complete. Part of the reason the developer is required to make the connectivity across the Greenway is it is important to provide for general neighborhood traffic circulation, and to distribute neighborhood traffic without placing an undue burden on any one street. The Subdivision Code identifies 2,500 vehicles per day (Average Daily Traffic) as the threshold for collector streets at which time secondary access to/from a neighborhood may be required. This guideline is in place to ensure multiple means of access are available to a neighborhood, for emergency service vehicles, utility vehicles, and for general neighborhood traffic circulation. Lakeside Drive has an Average Daily Traffic volume of approximately 2,810 vehicles per day, and already has multiple means of secondary access_ The Sycamore Woods proposal will add additional traffic (approximately 800 vehicles per day) to the neighborhood street network. Staff does not consider the traffic volume to be a safety issue, but does recommend street connectivity as proposed to better distribute traffic. Another question that was raised at the last meeting was the 404 Document (Sycamore Greenspace Corps Permit) that a member of the public (Lon Drake) presented to the Commission. At the time that the Sycamore Greensapce was being designed they wanted to make sure the original South Sycamore Greenway plan included property that is now part of the proposed Sycamore Woods subdivision. The City's intent at that time was to acquire a portion of the subject property to be included in a design for the Sycamore Greenway. That plan called for the preservation of the wooded area with some selective tree removal and replacement. Unfortunately negotiations with the property owner fell through. As a direct result, the Greenway plan was amended to exclude the Sycamore Woods property entirely. The greenway was redesigned and located farther to the west and entirely off the Sycamore Woods property. The resulting Corps 404 permit acquired for the greenway project was issued for this amended plan. There are no Corps restrictions on the Sycamore Woods property as related to the Sycamore Greenway project. The applicant has provided a copy a letter from the Army Corps of Engineers regarding the current status of the Wetland Mitigation Plan. The letter indicates that the permit remains in force until December 31, 2016. As noted in the staff report, all required permits and documentation for the wetland mitigation, including a plan for appropriate monitoring and long-term maintenance of the wetlands, must be submitted prior to final plat approval Freerks questioned the date of the 404 Document and Waltz replied it was from 1998. The final concern raised at the last meeting was regarding drainage. The Developer has brought his engineer to the meeting tonight and can speak more about the specifics of this issue. Storm sewer intakes from Amber and Regal Lanes discharge onto the subject property. The current storm sewer pipe outlets were installed below grade such that they serve as detention structures that result in water backing up the storm sewer pipes towards Amber and Regal Lanes during rain events. This drainage situation will be remedied with the new development by extending the current storm sewer pipes from Amber and Regal Lanes and grading the subdivision as shown on the grading plan and preliminary plat. Lots along the north side of Planning and Zoning Commission November 20, 2014 - Formal Page 20 of 26 Whispering Meadows Drive will be graded to provide the necessary fall to take water south to these outlets. Trees on the Sycamore Woods properties will be removed in order to grade the lots in order to achieve this drainage. Eastham asked when the drainage improvements will occur. Waltz replied it would occur when development activities begin. They are currently at the preliminary plat stage, they need to go through final plat, and after that approval they can begin the development and begin grading and installing the drainage improvements. Eastham asked how long the final plat approvals are good for. Hektoen stated the preliminary plat is good for two years, the final plat approval is indefinite. Eastham asked if those storm drainage systems would be installed prior to any new homes being built and Waltz confirmed it would. Swygard questioned the road across the Greenway, asking if it would be a dead end until the other subdivision is completed so the connection can be made, which Waltz confirmed. Swygard asked if any signage would be placed at the stub, and the answer was no, there would be no signage added to say the road would eventually go through. Eastham asked if there would be an emergency vehicle turnaround as long as it will be a stub street. Hektoen stated that would be addressed at the time of final plat. Freerks opened public hearing. Steve Gordon, MBHG Investment Group, the developer began by addressing a few points. As the staff memo states, this project began in 2007. They were aware there were some sensitive features and believe they did a good job working around those and even enhancing them and creating what was needed for connectivity. The reason they did not proceed with final plat at that time was economic reasons, there are a lot of fees, etc. to proceed with final plat and if the developer is not ready to begin development it is best to hold off. Gordon also stated that Duane Musser from MMS Consultants is here this evening and can explain the engineering questions regarding stormwater drainage etc. Musser was not at the last meeting, so hopefully his presence tonight will help in getting specific questions answered. Gordon mentioned that the current storm drainage lines daylight at the north line of the property line which is what is causing a lot of the current issues the homeowners on Amber and Regal Lane have mentioned. When the new subdivision is developed, they will connect to those lines and take them underground to drain into the enhanced wetlands open area in the new subdivision. So the development will enhance how that whole stormwater system works. Martin asked Gordon for clarification on what daylights mean. Gordon explained that the storm sewers that service Amber and Regal Lanes dead end on the top of the ground which has caused the wetlands in the back of those properties. Gordon mentioned that the street connectively was an important issue back in 2007, and they have worked for solutions to connect this neighborhood to those around it and will be built around it. He confirmed that a lot of the woodlands would have to be removed to allow for the connectivity, there are also a substantial amount of woodlands will also be preserved. Gordon stated they have done several developments in this area and although this was not part of this development, when the Saddlebrook development was put in there were over 2000 acres put Planning and Zoning Commission November 20, 2014 - Formal Page 21 of 26 into a conservation area, wetlands have been enhanced, part of which was sold to the City and became part of the Greenway, so feels his group has done a lot to add to the area. Duane Musser, MMS Consultants, came forward to answer questions. Eastham asked Musser to explain how the drainage improvements or enhancements will occur and if there are any issues getting access to the current drainage pipes. Musser explained that there is a 24 inch pipe that comes off the end of Amber Lane that discharges at the common property line of the two subdivisions and the plan is to put a structure there called a DBS, a drainage structure that will have openings in the side so if there is any ponding of water in the backyard there will be a swale graded on the new property carrying water from the structure and the backyard. There will be the new street, the new house, and the new backyard will drain from the house towards the swale. The structure will be built on the end of that existing 24 inch pipe, a swale catching any water coming off any of the backyards, and directing it to that structure. Off of Amber Lane they will use the structure to increase the end of their line to a 36 inch pipe. The increased volume should help keep the water out of the area. City code requires they build a storm sewer system to carry a five year storm supply, everything else is designed to go on ground, from gutters, to yards and eventually to a drainage basin. Because of the sensitivity with the neighborhood and the concerns with water they are designing all these systems for a 100 year storm event. So they will spend more money and use larger pipes and convey all the water they can in that pipe system. That doesn't mean with a large rain event or if pipes plug there won't be issues. There will be over land flow routes, all the lots in the new development will have a minimum low opening elevation to ensure if that pipe plugs or a large rain event there is enough water flowing through the created ditch over the sidewalk, over the curb, to make sure it doesn't flood anyone's homes in Sycamore Woods. Musser stated that on Regal Lane the existing storm sewer is 21 inch pipes and that will be doubled into a 42 inch pipe because there is so much water coming off Regal Lane there will be the same drainage structure as being installed off the Amber Lane pipe with the swale overland pipe drainage to make sure excess water gets to the streets and doesn't flood homes. All the piping being put under the new proposed streets will have a 100 year storm capacity. One of the things the City Engineers were concerned about that if there were a large rain event the streets were not flooded, and that the water can go through the storm sewer system. Eastham asked about the pipes that go under Amber and Regal Lanes will be enlarged. Musser stated no, where the new development will connect with the existing pipes is where the pipes will be enlarged. Eastham stated then that there could still be flooding on Amber and Regal Lane because of their existing storm structures, and Musser agreed there was nothing they could do about that, but they would not make the flooding worse by this new development. Thomas questioned the grading plan and the concern about the loss of the woodland area up near the north property line and that some of the grading Musser described would entail grading the lots as well as where the roadway occurs. Thomas asked on the lots where the grading would not impact the utility easement could the trees be preserved within that 15ft. utility easement. Musser confirmed that wherever they are not grading, they will preserve trees, he cannot guarantee they can save every tree because they do need to put in the storm sewer system and those swales. If grading is not needed for public improvements or lots the trees will be preserved. Planning and Zoning Commission November 20, 2014 - Formal Page 22 of 26 Freerks commented that from the preliminary plat it appears all the trees will be graded, so it is good to hear confirmation from the developer that is not the case. Musser stated that in the northwest corner where the street will go through, there may be some front line trees cleared because of grading activity. Freerks stated that is where the biggest concern is for the public. Musser did state he could not guarantee proper drainage and protect all those trees. Sharon Sorenson, 26 Amber Lane, had questions regarding drainage and cutting down the trees. She is concerned about her lot elevation is lower than where the new lots in the new subdivision will be, so not sure how the drainage will work. Freerks stated that Musser could answer those questions as the engineer. Sorenson stated if the drainage will be where they are showing how that will help with the flooding on her property, which is further down the road from where the pipes and structures will be built. Sorenson also stated that in her front yard the City covered up the sewer drainage, and she is unsure why or if the City even knows it is covered up. Waltz will check into that situation and let Sorenson know what she finds out. Musser stated he could not speak directly to the elevations on Amber Lane, but in the northwest corner of the development there will be a storm sewer intake so swales would be placed in those backyards as well to direct water to that intake. That swale will be lower than the neighbor's yard and the rainwater coming off their yard will come into the swale. Martin asked what a swale is. Musser said it was an overland route for water collection, basically a ditch. Alan Jones, 39 Regal Lane, questioned the language in the memo regarding the stormwater issue which states this drainage situation will be remedied with the new development. Remedied is great language so that when there is flooding on Regal Lane, and damage to property, specifically his car he has to park on Regal Lane, who will be liable. Is that Sarah Waltz, the Commission, the City, the developer? When it is stated in a City memo that the flooding situation will be remedied, where does the liability lie? Waltz stated the memo does not create or shift any liability, obligations, or responsibilities. The engineer is the one designing the system, but just because something is stated in a staff memo it doesn't declare liability or obligation on the City. Jones believed that to be true so questioned the language as poorly chosen. Jones stated he has been encouraged by the plan of the developer, the sewer line next to his property is 21 inches and towards they back it transitions down to a 18 inch corrugated pipe. There is an inlet on both sides of the street (Regal Lane), the street is cracked it needs to be repaired. He is unsure where the bottle neck is when it rains, if it's the inlets or the size of the pipe, he always figured it was just the land behind having no place to drain to. Waltz stated she has relayed the concerns about Amber and Regal Lanes and the water issues to the City Engineer, the situation on Amber and Regal if those intakes are not adequate that is not the responsibility of the developer of this proposed new subdivision but something the City should be concerned with. Jones stated his other concern was the easement or alley way along the back of the properties. It is used regularly to haul in firewood and feels they need to keep having reliable access to the backs of their properties. He also questioned where service vehicles would be able to turn around along the property line. Freerks stated that is not a requirement, the emergency vehicles are not meant to go back on private property. Jones also stated concern for his mother, she has extended her home from the rear putting on a sunroom and uses the sun to help control heating costs, etc. With new buildings behind her home in the new development will make that less effective. Waltz stated that the new lots are about 125 feet deep and the houses will tend to be Planning and Zoning Commission November 20, 2014 - Formal Page 23 of 26 built to the front of the lots, so it should not affect the sunlight. There are height limitations for residential houses as well. Waltz also explained that there is a 20 ft. rear easement between property lines. Townhomes also have the same single family height limitations. Eastham had one more question for Musser about the storm drainage lines from Amber and Regal Lanes. If the City were to decide to improve the capacity of storm drainages on those two lanes, would there be any problems connecting. Musser stated there would not be any issues, they will tie onto any of the pipes from Amber and Regal, build their structures and continue the system with their 100 year storm pipes. Bob Barta, 20 Amber Lane, stated the irony of a development called Sycamore Woods when the proposed development will be removing the better part of those woods. As far as the preservation of the woodlands along the southern boundary, that is not really woodland, but just a few trees that have popped up along the fence line. So there is no true benefit to say that will be preserved. Additionally you cannot plant some trees in a suburban front yard and feel it is the same as a woodland. He does not feel it is right that private property owners can come in and destroy a woodland. Melinda Ragona, 32 Regal Lane, stated her concern about the traffic on Lakeside Drive, it is already super busy, and trying to take a left off Regal onto Lakeside in the morning to head to Grantwood is difficult. Waltz pointed out on the map the eventual street that will connect Whispering Meadows to Dickenson Lane, which will lead to Sycamore Street. Ragona stressed that connectivity needs to happen as Lakeside is so congested. Ragona also stated the size of the homes in her neighborhood are smaller than the new homes being built in the new subdivisions surrounding and to see the high density plat around that is concerning. The area where the townhomes will be built is concerning because of the high density. It is also the area where currently there is a lot of trees, and wildlife area. This area is one of the reasons she bought in this neighborhood, and if she would have known five years ago there would be high density properties built there she would not have bought in her neighborhood. She feels that the neighborhoods that have been there since the 70's should be considered above all these new subdivisions and the need to keep building and building. The nature and wildlife area is needed and appreciated. Ragona is also concerned about the flooding and wishes all the neighbors could have put their money together to get legal advice or engineers and investigated on their own to see if there would be a different outcome than the engineer that was hired by the developer. Tom Sorenson, 26 Amber Lane, questioned the street connectivity and the access for emergency vehicles turnaround. Hektoen stated that would be addressed at the time of final platting and there typically is an easement area to allow for that condition. The easement would be on the property owned by the developer. Freerks stated the Fire Department has to sign off on the final plat and will make sure there is an area for them to maneuver. Sorenson questioned then if they would have to cut our three lots to put a circle in for a turnaround. Waltz stated they would likely just do a hammerhead spot that would allow for turnaround, almost like a driveway, not a full circle. Eastman added that the turnaround is never pavement, or permanent. Sorenson questioned the swales that are designed to take care of the drainage from the new houses, will they also drain the yards of the existing homes? Freerks stated that the City cannot require developers to fix other neighborhoods issues, just ask that it not make the problem worse and what most developers tend to do try to do what they can to make it better. Hektoen stated Planning and Zoning Commission November 20, 2014 - Formal Page 24 of 26 they will be designed to draw the water to the swale wherever it comes from. Sorenson asked if there would be a rise at the swale to collect the water, and Freerks stated Musser would be able to answer specific design questions. Musser stated that they do not want to make anything worse, he cannot guarantee they can make it better, but the swale will be lower than the ground that is there. In the current situation the water comes out of the two pipes from Amber and Regal Lanes and there is no place for it to go, it just sits there. When the new 100 year pipes are installed, they will get the water out of there quicker, there won't be the opportunity for it to pond there and the swales will be graded lower enough to drain the new homes and hopefully to also be able to catch the water coming from the existing homes. They will not block the water from the neighbors from using their swales. Musser also stated they will put in a temporary hammerhead turnaround for emergency vehicles if required by City or Fire Department and that will be removed when the street is connected. Thomas asked if the swale elevations will be lower than the property elevations to the north. Musser stated he could not promise that, if someone has a low flat yard it may not be possible to get the swale lower than that, but it won't be higher. Musser also stated this is the same drainage plan that was submitted with the original preliminary plat, the only change is the upgrade to the size of the storm sewer pipes. Jones had one more question on what the total area of land that drains through the sewer pipe on Amber Lane, what is the watershed area, how many acres. Hektoen stated that would be a question the City Public Works Department could answer. The Commission is only to consider the drainage proposed on the subject property, the larger watershed issues can be addressed by City offices. Waltz stated she would have the City Engineer contact Jones to answer his questions. Jones had one other comment regarding the Greenway bike path trail and it is nice to have a trail that runs from the school down to the soccer fields and not having to cross any traffic. With the new connectivity of the streets, there will be a traffic crossing, and he wondered if there would be a stop light or something. Waltz stated the goal is to have minimal crossing on the Greenway, for multiple reasons, and the plans now are just for the crossings to happen where Whispering Meadows connects with Dickenson Lane and also to the south where eventually McCollister will cross. Freerks closed public hearing. Eastham moved the Commission approve an application submitted by MBHG Investment Co. for a Sensitive Areas Development Plan and Preliminary Plat for Sycamore Woods, approximate 34.86 -acre, 115 -lot residential subdivision located west of Whispering Meadows Subdivision, Parts 2 and 3, along extensions of Whispering Meadow and Blazing Star Drives (SUB14-00021) subject to resolution of minor deficiencies and discrepancies noted in the staff report: • All townhome lots must meet the 3,000 square foot minimum of the RS -12 zone. Indicate Lot width for lot 22. • Relocation of mailbox cluster from OutlotC. • Technical discrepancies as noted by the City Engineer Martin seconded the motion. Planning and Zoning Commission November 20, 2014 - Formal Page 25 of 26 Eastham commented that he feels some good work has been done on these addressing questions and considering the design of the stormwater management to hopefully better, or at least not worsen, the drainage issues for the properties to the north. While he does think it is regrettable that the woodlands at the northwest corner of this property will be removed, he believes they are following the sensitive areas ordinance with this subdivision design. The replanting of trees is a good mitigation of the necessity of installing a street in that area as well as residential lots. He believes the traffic issues will be present until Dickenson Lane is constructed are not terribly onerous on this area. Like everyone else he would like to see Whispering Meadows and Dickenson Lane being built and connected at the same time but that is simply not the system in place in this city for building residential streets. Freerks stated this preliminary plat is consistent with the OPD, the plan put forth earlier, there are not too many changes from that, and those changes that have been made are beneficial. It is unfortunate in any case to lose trees, but in this case the issue with the drainage needs fixed, and there has to be connectivity with the streets, and this is the best way to go about it. If there were not sensitive areas in the city, there would not be the 34% of woodlands in the city. Hopefully in this case, like so many others, the positives outweigh the negatives. Thomas stated he was happy to hear the stormwater system was being upgraded, given the stormwater question in this area it is an important improvement. He shares the sentiment of the loss of the woodland, but feels it is an interesting project with the integration of the sensitive areas with the subdivision and while he understands they are losing some woodland, looking at the map of Iowa City this area still has more natural areas than any other area of Iowa City. Theobald stated she was struggling with the tree issue, she can see if follows the plan from 2007 and it does have a positive impact, but sees a city facing the possibility of losing a lot of Ash trees. When looking at the area, there are a lot of open areas and questions having to disturb the woodland areas. A vote was taken and the motion passed 5-1 (Theobald dissenting). Consideration of Meeting Minutes: October 16 and November 6, 2014 Eastham moved to approve the minutes for October 16 and November 6, 2014. Martin seconded. A vote was taken and the motion carried 6-0. PLANNING AND ZONING INFORMATION: ADJOURNMENT: Swygard moved to adjourn the meeting. Eastham seconded. 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