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HomeMy WebLinkAbout2015-05-19 TranscriptionPage I ITEM 2. STUDENT LEADERSHIP AWARDS — Mark Twain Elementary Hayek: Would the students from Mark Twain please come forward! Hi, guys, how ya doin'? Uh, how many days left, uh, before school gets out? (response from group) (laughter) You're not countin' the days though, are ya? I know you're disappointed for summer to start! Well, we're honored to have you with us here. Um, I'm Mayor Hayek and this is the City Council behind you, and ... Terry, did you go to Mark Twain? Dickens: Yep! Hayek: So, this guy went to Twain ... back in the day! And, uh, he's okay! We'll keep him on the Council (laughter) but it's ... it's great to have you here and what we do throughout the school year is, um, invite, uh, the schools, the elementary schools in Iowa City, to nominate leaders in those schools, and ... at each meeting, uh, one of the schools gets to send its leaders down here and we get a chance to show you off to the room and to the public, and uh, it's great to have you here, and so I've got some awards I want to read to you but we would like to hear from you first! So I think I'll just hand the microphone to you and you can read us (mumbled) piece! Hippert: Hello, my name is Molly Hippert and I'm a sixth grader at Mark Twain Elementary. I bel ... I believe I got chosen for the ... Student Citizenship Leader Award for (mumbled, laugher) because I'm awesome! (laughter) I always do my best in school and I always get along with my peers. I would like to thank my teachers for always supporting me all throughout the year and to thank my parents for believing in me. (applause) Livio: Hello, my name is Rachel Livio and I'm a sixth grader at Mark Twain Elementary. Urn ... being a citizen means taking part with the community by taking your share and helping our planet. I believe it makes a big difference. I made a difference by helping homeless people on the street. I went with my mom on the streets to help with the homeless people. Most of the time when we see homeless peop... people, we give them food or something they might need. I also help out with patrol and conflict managers. Patrol is made to help kids and parents cross the road. Conflict manager is a program that happens at lunch recess to help kids with conflict. (mumbled) with friends to help kids and that is being a great citizen in school. Every Monday or Tuesday I go to Crisis Center to volunteer and help people, and make sure people are doing what they need to do. That is how I help the community. Sometimes I ... I make donations. In school, I paired up with kindergartners and help them with their project. I also was on the leadership committee and helped the school. I helped ... I helped with family nights at school and served up food. Our classes helped (mumbled) our music teacher set up for con ... concerts. I'm going to help kids with their problems as their mentors. As a mentor, I will do my best to help kids reach their goal and be a great ro... role model. I will be respectful. I enjoy helping people. It makes me This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 2 feel good and it makes people happy, and when people are happy, I feel like a better person and that is helping the community. (applause) Nava: My name is Karla Nava and I'm a sixth grader at Mark Twain. I believe that being a good citizen is when we stay busy by helping our community. Even by picking up trash, it could help you be a good citizen. Ways I help out our community is by helping kids when they feel left out. I'm also a conflict manager. I help solve conflicts between younger kids and save the trouble ... save them the trouble from making things get worse. Free lunch program helps those unlucky ones who starve. I volunteer to help feed them every last Wednesday of each month. I will also ... I'm also a mentor. Mentors will help those younger kids who need help with their feelings and behavior. Those are the reasons why I think I am a good citizen. (applause) Hayek: Well those are great and we ... we hear from students at each of these meetings and the thing that strikes me is just how active, uh, our young people are in Iowa City. I mean when I ... I went to Shimek back in the day. I was on the safety patrol, just like you were, but that was about all I did! I didn't do all these other things, and I can't imagine how busy you must be, doing the... doing the basic school stuff and then all these things on the side, but it's really important, and you ... you are helping your community, and ... at a young, young age and I hope you'll continue to do that, and that I hope ... I hope you grow up and at least one of you serves on the City Council some day, um, but the things you're doing now will prepare you to be, uh, leaders as you get older, and ... and Twain's a great school! Didn't you guys just get a lot of remodeling done there? And looks ... it looks great, and that's a ... that's an important school for us and it's a great neighborhood, and it's got a fresh, new look and ... and that's exciting, so ... we're really proud of you! We have what's called a Student Leadership Award and there's one for each of you, and it reads as follows: For her outstanding qualities of leadership within Mark Twain Elementary, as well as the community, and for her sense of responsibility and helpfulness to others, we recognize you as an Outstanding Student Leader. Your community is proud of you. Presented by the Iowa City City Council, May 2015. And, Molly, here's yours (applause), and Rachel (applause) Karla ... let me shake your hands (applause) and congratulate you! And I say this to everybody ... I say this to everybody: you're welcome to stick around. We've got a lot of exciting things tonight, or you can go do homework! Totally your call! (laughter) Thanks for coming! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 3 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED Payne: So moved. Botchway: Second. Hayek: Moved by Payne, seconded by Botchway. And I would point out there, uh, several of the items have updates that are in the packet, and there's also an a ... there's an addition to the Consent item, which is 3e(2), regarding the setting of a public hearing on June 2nd on plans, specifications, and form of contract on the fiber infrastructure duct installation project. Any further discussion on that? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 4 ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA) Hayek: This is the opportunity at each City Council meeting for members of the audience to address the Council on items that are not on the agenda. So if there's something that is not on tonight's agenda that you would like to bring to our attention, we invite you to come forward, and our standard practice is that we ask you to sign in and also verbally give us your name, and to keep your comments to five minutes or less! Gravitt: My name is Mary Gravitt and I'm here about the Iowa City Transit. The ... the... first I'll start with my friend. My friend ... I met my friend on the bus today. She's blind, and she's deaf in one ear and hard of hearing in the other, and she told me that she called SEATS and they told her she was not eligible because she lives on a bus line. Now when you're blind it doesn't matter where you live, you can't even see where you live, and I don't see why she's not eligible to ride SEATS. And she told me too, she gets $1,200 a month. She spends $600 of that on her mortgage, and $300 a month on real estate taxes, and she can't get any relief. Now ... I don't think that's quite fair! She was a sch ... retired schoolteacher, and she's blind, and my second complaint is that 3:30 is the last time that the senior pass can be used on Iowa City Transit. I was waitin' for the bus, uh, for the 3:30 bus. On the bench by the City Coun... by the Senior Center. So I got on the bus. I looked at the big clock that's down there, and the clock said 3:30. The bus pulls up. So I go to get ready to get on the bus, and the bus driver says, "Oh, it's 3:30! The ... the (mumbled) down there by the Capitol. I left there at 3:30. You can't get on this bus! You gotta pay!" And I said, "Wait a minute! The clock says it's not quite 3:30!" Okay? So I get off the bus and I call Mr. O'Brien. And I told him ... now ... and I was explaining ... I left a message cause he's never there. That ... 3:30, this is the Senior Center on the corner of Linn and Washington, why can't a senior get on there at 3:30? There's a senior center! One minute from downtown, the ... the (mumbled) whatever you call it down there! But the idea is ... the way this woman complained, and the way she hollered and carried on, given affirmative action a bad name, I'm not gonna say who this woman was, but I didn't like it, and I didn't want to argue with her because I don't believe that you're supposed to make disturbances on the bus. So I did the next best thing, and I complained! And I'm complaining that Senior Cen... seniors should be able to get on the bus ... at the Senior Center! And that's just my main complaints for tonight... because I believe in public transportation, and I should ... and it should be pleasant, and I think the disabled should be able to ride the bus, and to tell ... give a blind person the third degree and tell them they're not eligible is not quite fair to me. Thank you! Hayek: Thank you for the comments. Anyone else during community comment? Were the 100 Grannies going to ... speak (unable to hear response from audience) So now ... now would be ... yes! Sure! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 5 Ross: I'm Becky Ross. And I'm, uh, one of the 100 Grannies who actually are more like 130,1 think! Um ... and we ... are here to ask for change. Um, it's time for a change when you look at plastic bags. Um, some people think that's a bad word — change. It's, uh, sometimes takes courage to make that change, even if it's for the good, and it can be scary. I know when I was a kid, um ... we moved every two years. That was kind of scary! Change in schools every two years, but ... it was a good thing! I met lots of people. So there's lots of good things that can come from change! We are asking you to adopt our proposed resolution and that would be a great change! I'm not going to go into all the reasons that single -use plastic bags are bad because I think you all know that by now, but if you have questions I could ans... try to answer them. So I'm just going to read our, uh, proposed resolution right now, and I did add some, just one little, uh, phrase in here that you didn't get in print, but ... um ... this is the resolution. Because single -use plastic bags threaten our environment by clogging our waterways, polluting our oceans, endangering our wildlife, overburdening our landfills, and increasing our dependence on fossil fuels, we the Iowa City City Council resolve to eliminate single -use plastic bags by Earth Day, April 22nd, 2016. That's about a year away (applause) Many of you have already done this yourselves, or at least are trying! I know because some of you participated in our video of how to remember your re -usable bag that was produced by our local Channel 4 TV station. And you all know that we've become a throw -away society, and that single ba... single -use plastic bags never really go away. Um, Jen Jordan, our recycling coordinator, has said probably many, many times that we need to look upstream and quit using these single -use items instead of having to address the problem after we've thrown `em away. This seems to be a very logical way to think about it, but we've been using and throwing away so much plastic for so long it's become a bad habit. We need to think of being a partner with nature, rather than polluting her. Um, one friend of mine from church, a young, uh, married woman with a couple kids tries to ... told me she tries to bring her own bags, but always forgets, and she's just too busy and she'll probably never be able to remember to do it... until she has to! So that's why we're asking you to make this change. Think about things differently, more radically. Change for the good! Um, Austin, Texas, has banned both single -use paper and plastic bags. I think they're doing pretty well! I think that's... they're a really good example. Um, but one of the things... the... we would like to ... um ... take this time to make the change ... change our habit like, as was suggested by ... by the MPOJC. There were three steps. The first was education, which 100 Grannies has been doing for the past three years, and then the second step was to charge for the plastic bags, and the third step was to eliminate the single -use plastic bags. We realize that plastic bags are just the tip of the iceberg, but it's a way to get people to start thinking about all the plastic we throw away and we have to start somewhere! This will not change the quality of anyone's life by bringing your own bag. It's not that hard once you get in the habit. Uh, and it could be a savings! It could be a savings for retail businesses. The landfill. The refuse collection and storm sewer maintenances. Um, maintenance. And ... you would also make us very happy! 130 of us (laughs) uh, we don't think you want to see that many angry grannies (laughter) runnin' This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 6 around town! Um, so we're asking for this for our grandchildren and yours! Thank you! Hayek: Thank you for your comments. Ross: Oh, yeah, we don't want to get up to our neck in plastic! (applause) Rupe: I'm tripping over all these bags I'm buried in. I just wanted to say that ... I am, and many of the Grannies are old enough to remember a time before these things even existed. Hayek: Could you give us your name, please? Rupe: Oh I'm sorry — Donna Rupe! Uh... we can live without them, if we chose to! Uh, we can go back 50 year ... 50 years or less (laughs) uh, when we didn't have these bags and do just fine! Hayek: Thank you! (applause) Anyone else during community comment? Okay! I'm going to move beyond community comment to Item 5, Planning and Zoning Matters. (people talking in background) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 7 ITEM 5. PLANNING AND ZONING MATTERS ITEM 5a COURT STREET AND TAFT AVENUE — AMENDING THE SOUTHEAST DISTRICT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, TO CHANGE THE LAND USE DESIGNATION FROM "MIXED USE" TO "LOWIMEDIUM DENSITY MIXED RESIDENTIAL" FOR PROPERTY LOCATED SOUTH OF COURT STREET, WEST OF TAFT AVENUE. (CPA15-00002) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Mr. Yapp! Yapp: Uh, good evening, John Yapp. Development Services, and ... I'll just get my PowerPoint... up and running. Uh, this is an image of the Southeast District Plan and the subject property, uh, we are discussing tonight is at the northeast corner of the district, at the corner of Court Street and Taft Avenue. Uh, this property was rezoned to Neighborhood Commercial in 1995, with a conditional zoning agreement that required a town square -type development with mixed uses, including residential and neighborhood -serving commercial uses. Uh, sub... subsequently as the neighborhood built out, the developer did dedicate a town square park, uh... located near the corner of Court Street and Taft Avenue. Uh, we recently received an application to amend the Comprehensive Plan amendment to ... uh, remove the requirement for neighborhood commercial, uh, type uses and amend the plan to allow mixed residential and multi -family uses at this property. Uh, the argument in the application is that because the market for commercial development has never materialized at this location, and is unlikely to, given the proximity of other nearby commercial areas, uh, the Comprehensive Plan should be amended to allow multi -family development at this location. Uh, some of the other, uh, nearby commercial areas are the neighborhood commercial zone at the cor... comer of Scott and Court. Uh, the Towncrest, uh, commercial area a little bit further to the west. Old Towne Village, which is not reflected on this map, but the corner of Scott Boulevard and Rochester Avenue, uh, and a little bit further away, uh, the Sycamore Mall property, at the corner of First Avenue and Lower Muscatine Road. As staff evaluated this request, one of the things, uh, we note is that ... the City has gone to some expense, uh, and some effort to revitalize the Towncrest commercial area and the Sycamore Mall commercial area. And... adding additional commercial land at the, uh, corner of Scott and Taft could dilute, uh, some of the existing nodes that the City is trying to ... to keep stable. Uh, a quote from the Southeast District Plan is that the City will need to be careful to not dilute the demand for daily retail shopping by allowing too many retail commercial nodes on the east side of Iowa City. Uh, if the efforts to revitalize Towncrest and to maintain the viability of Sycamore Mall and the First Avenue commercial corridor are to be successful, the City will need to be cautious about zoning additional land at the edge of the city for retail and office development. Uh, some other factors about this request. At ... at the initial time This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 8 that the Neighborhood Commercial Zone was put in place, uh, there was some land set aside on the north side of Court Street for a future potential elementary school, uh, which could have created some of that market demand, uh, for a commercial area. Uh, the school district chose not to develop a school on that property. Uh, another factor is that at the time the Neighborhood Commercial was first put in place, there ... there was an expectation that Taft Avenue, uh, would be paved, and would become more of a north -south, uh, route for a ... a volume of traffic. Uh, Taft Avenue has not been paved and while the developer has, uh, participated in... in some dust control on Taft Avenue, uh, there are no plans in the imm... in the immediate future, uh, to repave, uh, Taft Avenue. Uh, given, uh, all those factors, staff finds that it is appropriate to change the Southeast District Plan, uh... to identify this property as mixed-use and low/ medium density residential, uh, to amend the Southeast District Plan narrative to indicate that development of the property should contain a mix of housing types, with units oriented toward the town square park and Court ... toward Court Street, Taft Avenue, and Huntington Drive, and to delete the text within the Plan that describes this neighborhood commercial area. With that I'd be glad to take any questions. Hayek: Any questions for John? Thanks, John (both talking) Dobyns: John, I'm trying to vision what sort of commercial development might have been there. I mean it's a fairly small footprint. Um... Yapp: It is! Dobyns: ...and I'm thinking of...the (laughs) I'm thinking of donuts (laughs) I don't know (laughs) um, the donut shop, gas station, Court Street near Scott Boulevard. That's a fairly small footprint area, but I think even that is larger than what this is, and I'm trying to envision what might have gone there, uh, to serve commercial needs of the local community. Yapp: The ... the Neighborhood Commercial Zone allows, uh, smaller -scale, uh, retail, uh, and grocery, uh, development. Uh, does allow convenience stores, gas station with a sp ... approval of a special exception, um, but it...it would be ... similar to the, uh, Neighborhood Commercial Zone at Scott and Court... Dobyns: Okay. Yapp: ... in terms of the mix of uses. Dobyns: And why wouldn't ... I would think that Taft would have been paved, at least in the next five years, but you're saying not in the foreseeable future, and I'm trying to get a sense because we've thought about, um, you know the city is right there! Um, there were some discussions of things going out south of there in terms of This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 9 perhaps some recreation in the future. Um ... and so I thought Taft might be paved. Yapp: (both talking) ...and I guess I phrased it that way because there's ... it's currently not in the Capital Improvements Program, uh, for paving. Dobyns: Okay. Hayek: It's on the `unfunded list.' Yapp: It's on the unfunded (both talking) Dobyns: Okay, on the ... okay! Thank you! Yapp: And from a traffic perspective, Scott Boulevard, uh, certainly has adequate capacity at this time, uh, so from a purely traffic circulation perspective it... Taft is not necessary, unless and until there are more, uh, developments and density in this part of the city. Dobyns: Okay. Hayek: John, it's my sense that... that... that there is an awful lot of RM -12 in ... in this area, or even denser. Um ... and ... but my ... my hunch and I guess I'm looking to you to answer this is that, you know, primarily because it's located on what will ...what are or will be considered arterials... Yapp: Uh huh. Hayek: ... and on a corner! Yapp: Yeah, Court's (both talking) Court Street and Taft Avenue are both arterial streets. Uh... and I'll ... in the next item on the agenda I'll get a little bit more specific into the specific development that's proposed, but it is a ... a mix of duplexes, townhouses, and multi -family. Uh, and I think adding to that mix, in this neighborhood, uh... is a ... is a very positive goal. Uh, on the south side of Court Street, the majority of this neighborhood is single-family. Uh, and there's more multi -family and mixed housing on the north side of Court Street. Uh, this would introduce that mix of housing types south of Court Street. Hayek: Okay. Throgmorton: John, are you going to show us renderings of the proposed buildings? Yapp: I am with the, uh (both talking) with the rezoning. Throgmorton: Yeah. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 10 Yapp: Yeah, at this time, uh, it's just the Comprehensive Plan amendment. Throgmorton: Yeah, I ... I want to address Rick's question very briefly. Uh, there's a whole bunch of new urbanist -kind of literature that would suggest ways about how to develop that whole intersection around Taft and Court Street, and ... and not just the ... the Neighborhood Commercial area but ... uh... the, um, residential activity around it. They ... they have to go together. But ... that's not what is before us and not what we'll end up being ... uh, voting on, uh, what we will end up voting on, but there's a whole bunch of literature about that, as ... in terms of possibilities. Hayek: Thanks, John! Uh, this is a public hearing. Be ... maybe I'll ask for ex parte now because the...the Comp Plan and the rezoning have kind of been touched on together. You all right with that, Eleanor? So ... we ... in connection with rezonings we ask Council to disclose ex parte communications, um, which would normally be something we do under 7b, um, but why ... let me go ahead and ask that. Has anyone had any, uh, ex parte communications on ... on 7b at this time? Okay! So the answer to that is no. This is a public hearing. If anyone from the audience would like to address us, we invite you to come forward. Moreland: Hi, um, my name's John Moreland. I'm the developer of, uh, this area, and have been for the last 22 years. And, uh, I'd just like to start out by saying, you know, I feel like I'm pretty proud of the area. We have $100,000 condos. We have starter homes for people. We have $600,000 homes. And... when... when we took this over, we were sure there was a school that was going to be built out on Court Street, and before Lane Plugge left, he determined that he didn't want to build a school there. And that's when our mind kinda changed a little bit as far as the commercial area goes. Um ... we ... you know, we really thought at the time there was going to be more traffic there. We knew Taft ... might get paved, but maybe not get paved, but ... when you think about Taft, you don't just pave a little section of Taft. You don't go from Lower West Branch Road to ... to, uh, Herbert Hoover Highway. If you're going to pave Taft, you need to come from Highway 6 to make it effective, and you need to go all the way to Herbert Hoover Highway. And you're talking $100 million or more! And ... and that's why Taft hasn't been paved and that's why I don't think I'll see it paved in my lifetime! And ... uh, so... you know, the more we thought about the school not being there and... I've had a good relationship with the staff over the years and we've bounced around different ideas, and uh... finally we came to an agreement. We've been working on this for probably six or eight months, and ... to go to RM -12 meant to address what you said ... I think this would allow up to 60 units and I think I'm only asking for 40 units because ... I have single-family on one side so I decided to abut duplexes to them to not be, you know, crowding them and then I have 12-plexes to the north. So I put my more dense property out on the corner of, uh... uh, of, uh, Taft there. So ... you know, when you ride your bike or walk, I think it's less than one mile down to the donut, coffee shop, down where Suburban Amoco is. We got full-service Midtown Restaurant, um ... and you know it's only three and a This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 11 half acres, and, you know, I ... I would like to see this developed, um ... while I'm still around, at least, and uh, you know, we've tried ... I've been involved with the largest real estate company in Iowa City for the last 20 years. The words been on the street. We've talked to several people. They just think it's too far out, and with Taft being un ... unimproved, we just can't talk anybody into doing it, and... and so for that reason, uh, I would, uh, ask you to, uh, consider strongly and, uh, please vote on it tonight, and I'll answer any questions, Jim, or anybody that has on this. Hayek: Questions for Mr. Moreland? Thanks ... for your input! Moreland: Okay. Hayek: This is a public hearing. Would anyone else like to address the Council? Okay! Uh, I will close the public hearing at this time. (bangs gavel) 2. CONSIDER A RESOLUTION Voparil: Motion to accept correspondence. Payne: So moved. Botchway: Second. Hayek: Moved by Payne, seconded by Botchway. Discussion? All those in favor say aye. Opposed say nay. Motion carries. Dobyns: Move the resolution. Botchway: Second. Payne: Second. Hayek: Moved by Dobyns, seconded by Botchway. Discussion? Throgmorton: (mumbled) Hayek: She was going to put it on the floor. Throgmorton: Oh! (laughs) Hayek: Discussion? Throgmorton: Yeah, I ... I'd like to say something, Matt. Uh, in ... in my view, the original vision was a pretty good one, uh, and ... the more I think about it, the more I think it was a good one with the school just to the north and ... Taft getting repaved and other This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 12 stuff going on in the ... the farm to the east and ... having a neighborhood commercial area there with the ... the kind of housing you've been putting up, and in the sense of spirit of disclosure, I should say that ... one of my sons currently lives on Cardigan in one of the, I don't know, duplexes that... or are they four- plexes. I can't remember! That face the park, uh, but he's outside the zone and everything so there's no conflict of interest there. Uh... but ... but I think the original vision was, uh, pretty darn good, and the proposed changes are not so good, but I... I'll go on about that for a second. I ... I was looking up the walk score for that particular site, and maybe because it's so far out there the walk score is 6, which is about as low as you can get cause it only goes down to zero. Uh, so ... too bad, and the walk score web site describes that intersection as a car - dependent neighborhood so almost all errands require a car. So, you know, in... in the world I'd like to see, uh, that wouldn't be the case! And I think your vision, John, was very similar to what I have in mind as well but, uh, so um... (mumbled) (laughs) so I just want to say, but I can understand why, uh, you're... you've proposed the changes, uh, circumstances are in fact different in ways you and John have, uh, John Yapp have described. So ... I'm going to vote yes on it, even though it doesn't fit my ideal image of what could possibly be there. Hayek: Further discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 13 ITEM 5b COURT STREET AND TAFT AVENUE — REZONING APPROXIMATELY 3.34 ACRES OF PROPERTY LOCATED SOUTH OF COURT STREET, WEST OF TAFT AVENUE FROM NEIGHBORHOOD COMMERCIAL (CN -1) TO LOW DENSITY MULTI -FAMILY (RM -12). (REZ15-00005) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Yapp: Uh, good evening, John Yapp, Development Services. Uh, this is the same property we just discussed with the Comprehensive Plan amendment. It is currently zoned, uh, Neighborhood Commercial. There's RM -12, low-density multi -family zoning to the north and to the south, as well as, uh, planned development, uh, 8 to the south and where my, uh, pointer is now is the town square park. This is an aerial image. Uh, this is an image, uh... standing across, uh, Court Street, uh, looking, uh, to the south across this currently vacant property. Uh, another image from the same location. And these are the, uh, townhouse style units, which currently face the park. These are, uh, north of the park. The, uh, proposed development associated with the rezoning consists of, uh, four, uh, duplexes; uh, two duplexes facing Huntington, uh, and two duplex... two, excuse me, two duplexes, one facing Court Street and one facing Raleigh Lane; uh, four townhouse -style four-plexes, uh, facing both the park and Court Street, and one 16 -unit multi -family building, uh, facing Taft Avenue. Uh, all the parking, uh... and on-site circulation is in the interior, uh, of this property, which allows the fronts of the buildings and the entrances to the buildings to face the surrounding street network. Uh, some of the images of the proposed buildings, uh, these would be the duplexes. Uh, because of the slope on the property, there is a retaining wall proposed. Uh, near the corner of Court Street and Taft Street. One of the conditions staff has recommended and Planning and Zoning has concurred that, uh, the specific design of that retaining wall be reviewed by the Design Review Committee and that landscaping be required, uh, along the retaining wall to soften the appearance of that wall. Uh, these are the side elevations of the duplexes. We worked with, uh, Mr. Moreland, uh, to ensure that the side elevations that face the park and face Court Street have street -facing entrances. Uh, to give them a ... a residential appearance, not just a blank wall appearance, uh, to the public street. Uh, these are the front elevations of the, uh, four-plexers ... yep, four-plexes. Uh, excuse me, these are the front elevations of the four-plexes. Uh, you'll note a lot of use of stone, uh, and articulation in the roofline to give the appearance of individual units, uh, in these buildings. And the, uh, 16 -unit, uh, building that would face Taft Avenue. Uh, you'll note that the vehicular entrance is at the side of the building, uh, facing Raleigh Lane, facing to the south. Uh, staff does recommend approval of this rezoning from Neighborhood Commercial to Low -Density Multi -Family, uh, subject to substantial compliance with the site plan, building types, and building elevations, and design review approval of the retaining wall design, and a landscaping plan to This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 14 soften the views, uh, and reduce the perceived height of the retaining walls. Be glad to take any questions! Hayek: Questions for John? Throgmorton: John, can you go back to the ... I guess the first rendering. Yapp: The plot plan? Throgmorton: Yeah, that one! So ... when I was looking at the ... the map on ... online, in our packet, I couldn't tell what the frontage on the street would actually look like... Yapp: Uh... Throgmorton:... the part facing the park, uh, and now I can see, by hearing you describe what we see before us, that, uh, they would have the appearance of basically homes facing the ... the park and I think that's really crucial. Yapp: (both talking) I would say they would be homes facing the park. Throgmorton: Right! Right! Thank you. So ... so it's really crucial for that park to succeed, and it seems to me that park actually has a great deal of potential... Yapp: Uh huh. Throgmorton:... for the people who live in the area. So I'm very happy to see that. Yapp: Yeah, and th... that's along the same lines, when we started discussing this with Mr. Moreland, uh... he's done a very good job with that, with ... on the south and the east side of the park, with framing the park, if you will, uh, with residential structures, front doors, windows, etc. Hayek: Thanks, John! Any other questions for John? Okay! This is a public hearing. Would anyone care to address the Council on this issue? Moreland: Um, one more time. I guess then I'll have to sign in again. Um ... there's just a ... a couple things I'd like to bring up. One is the, uh ... retaining wall down at the bottom corner, down there. Uh, there was some controversy over a building that was built on First Avenue and a retaining wall and ... we all know that. This is substantially different than that. I've decided to use the same stone on the wall that's on the buildings. So as you look at the wall itself, it blends into the buildings that are up behind it and my wall would probably be about three feet lower than the wall that is on First Avenue ... that we talk about that. That's one item. Another item, uh, and I ... I'm not one for patting myself on the back, but (laughs) normally... normally, uh, when an arterial street runs through a developer's neighborhood like ... such as Court Street, uh, the developer on one This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 15 side pays a fourth. The developer on the other side pays a fourth, and the City pays a half. I'm ... be glad to tell ya that Arlington Development paid for 100% of all infrastructure of Court. The City has no investment in Court Street. We've paid for the whole thing. And ... there's one last item I just want to mention and it's just because I'm happy about it. Really doesn't have anything to do with this, but when I said I had a diverse neighborhood there, about three years ago, uh, Roger Lasalla came to me from the, uh, Mayor's Youth. This is kind of emotional for me. Um, he came to me and he said, `John, we'd like to build a couple group homes out in your neighborhood.' And I thought well, group homes, you know, how's that gonna be taken. And he said, `Well, we've got a $100,000 grant from the City, and your lots are $60,000 a piece. How can we get this doneT And I said, `Well, we can get it done, Roger. Just give me $100,000 and we'll build the two houses for ya!' So we built, uh, two group homes, right in the middle of all our single-family, and ... I haven't been shot yet and I'm very proud to say that we've done it and that, um ... we ... we got them in the lots. We've got all those disadvantaged people in there and the bottom line is, when we were done, any money I made on the project went back to them. Thank you. Hayek: Thanks, John! Further public comment? Ross: Hi, I'm Brandon Ross. I just have a question for the developers, uh, what ... what are the projected, um ... costs of these properties that are being, uh... planned for development, uh, of the, uh, of the units? Hayek: If you care to answer you may, but you're not required to. This is public input. So... Moreland: You know right now all we have is concepts. We don't have hard costs, but based on the existing condos that are there, those were all less than 200. They were in the 180s, 190s, you know. I ... I don't know, until we get all the final plans done and get all the beam sizes sized and ... footings sized and everything, I ... I can't tell ya, but I can tell ya the ... the market is, you know, the lower the better, the more the market, but... you know, it'll be what it'll be. Thank you. Hayek: Anyone else? Okay, before I close the hearing I need to take the Council's temperature. Are we inclined to go with the P&Z recommendation? Appears to be the case. Okay I will close the public hearing at this time. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Voparil: Motion to accept correspondence. Botchway: So moved. Payne: Second. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 16 Hayek: Moved by Botchway, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Motion carries. Mims: Move first consideration. Throgmorton: Second. Hayek: Moved by Mims, seconded by Throgmorton. Discussion? Mims: I think it's a good project, very appropriate for the location, and uh, appreciate all the stuff that Mr. Moreland has done out in that neighborhood. Hayek: Yep, I'll ... I'll be supportive. I do think we need to keep our eye on... on... on the RM -12 out there, but I ... as ... as this area develops, but I do think the confluence of two arterials justifies this rezoning. Throgmorton: I ... I'd like to say I'm impressed with what Mr. Moreland's doing. Hayek: Further discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 17 ITEM 5c NORTH EAST CORNER OF COLLEGE STREET AND GILBERT STREET [CHAUNCEY] — REZONING APPROXIMATELY 27,200 SQUARE FEET OF PROPERTY LOCATED NORTH OF COLLEGE STREET, EAST OF GILBERT STREET FROM PUBLIC (P-1) AND CENTRAL BUSINESS SUPPORT (CB -5) TO CENTRAL BUSINESS DISTRICT (CB -10). (REZ15-00006) 1. PUBLIC HEARING Payne: Mr. Mayor, I have to recuse myself from this item. Hayek: Okay! Payne: Um, due to conflict with my employer! Hayek: Okay! Throgmorton: Mr. Mayor, I need to address a potential conflict of interest. When do I do it? Hayek: Uh, do you ... do you care to do it before the public hearing or during the public hearing, Eleanor? Doesn't matter! Go ahead, Jim! Throgmorton: All right. I'm gonna read a text, just to make sure I don't misstate myself. So I've consulted with the City Attorney about this and have concluded that I have no troubling conflict of interest, legal or otherwise, but in the interest of full disclosure I do want to state a few facts. As one of my Facebook sites states, I am very lucky to be a member of the Trinity community. Just as I'm very lucky to be a member of the Iowa City community. I attend Sunday services at Trinity. Contribute modest amounts of money to it. Have many friends there, and have heard many Trinity parishioners express their views — both pro and con — about the proposed rezoning and The Chauncey in particular. But I am not a formal men ... member of Trinity. I have no personal financial stake in its well-being, and I do not hold nor have I ever held any official positions on Trinity's governing committees. I also have several financial... made ... I also have made several financial con... contributions to Film Scene, and as Andy and Andrew both know, I greatly enjoy attending films there, and ... I'm happy to say I frequently have lunch in Plaza Towers Bread Garden, and have enjoyed attending many events in the big ballroom upstairs, uh, so there ... all sorts of interests involved. Eleanor, I don't know if you wanted to elaborate on anything I said or... anything? Dilkes: No. Hayek: Okay, uh, I will open the public hearing at this time (bangs gavel) Uh, before we get into the staff presentation, why don't we disclose any ex parte communications regarding the rezoning. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 18 Dilkes: And let me just note, um, about ex parte communications. Urn ... the purpose of disclosing an ex parte communication is so that the members of the public and the, um, applicant have the ability to respond to something that is not otherwise in the record, um, that you may have heard. Um, so to ... to the extent. .-so you need to say who it's from and um ... and the substance of it, the conversation. Um, if... the substance of that conversation is reflected in the record, it's sufficient to refer to the record. Ger and 4Hayek: I can start. Um, I, uh, Bill G t who is a local labor leader, urn ... uh, contacted me and came into y office a couple of weeks ago for a cup of coffee and... indicated to me that, um, local labor is supportive of the rezoning. He is supportive, and he asked me to be supportive, and uh, I encouraged him to, um, come to this meeting. So... Dobyns: I did discuss the other day with a colleague of mine, Jason Wilbur, who is a member of the Trinity Episcopal community regarding elements of, uh, the parking issues and which of the services at Trinity Episcopal, um, what the typical attendance is and it was, um ... uh, only to that regard. Botchway: Go ahead! I ... I had the same discussion, um ... urn, with the individual Matt ... and I can't remember his name, sorry! d Hayek: Bill Ga*t. Gerhard Botchway: Bill ... Bill Gart, um, about, um ... uh, the support from the - m. laborers, local laborers in a area, um, and I think it was along the same lines of what you just talked about. Throgmorton: I'd like to mention two ex parte, um, conversations. On April IP I met with Reverend Lauren Lyon, who's the Rector at Trinity, at which time I explained the rezoning process and what Trinity's rights are within that process. I did not provide her with any advice about what course of action Trinity should take. On May 3'd I spoke to parishioners who were attending the 9:00 A.M. service at Trinity. I asked them not to lobby me personally on this rezoning, and I emphasized that I have to think in terms of what is best for the people of this city, as a whole, not just Trinity. I also urged them to share their views with the Council as a whole, either by email or during this public hearing. Hayek: Anything else to disclose? Botchway: Yeah, I mean I had ... see the problem is I gotta remember all the emails. Um, I had another conversation with ... Royce! God, I can never remember ... Royce Peterson about, uh, along the same lines as Bill Garhardt as far as, um, local labor unions and supporting it, I mean, we went a little bit further as far as talking about PLA's but ... um, that was the extent of it and that's... that's it. Um ... and then ... I This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 18 Dilkes: And let me just note, um, about ex parte communications. Um ... the purpose of disclosing an ex parte communication is so that the members of the public and .., the, um, applicant have the ability to respond to something that is not otherwise in the record, um, that you may have heard. Um, so to ... to the extent... so you need o say who it's from and um ... and the substance of it, the conversation. Um, if .. substance of that conversation is reflected in the record, it's sufficient to er to the record. Hayek: I can s . Um, I, uh, Bill Garhardt who is a local labor leader, um... contact me and came into my office a couple of weeks ago for a p of coffee and...indi ated to me that, um, local labor is supportive of the r ning. He is supportive, d he asked me to be supportive, and uh, I enco ged him to, um, come to this eeting. So... Dobyns: I did discuss the ther day with a colleague of mine, n Wilbur, who is a member of the Tri 'ty Episcopal community regar g elements of, uh, the parking issues and 'ch of the services at Tri ' Episcopal, um, what the typical attendance is and it w , um ... uh, only to tha egard. Botchway: Go ahead! I ... I had the S' - I can't remember his name, Hayek: Bill Garhardt. Botchway: Bill... Bill Garhardt, um, local laborers in the area just talked about. ..um, with the individual Matt ... and t, uh, the support from the -from the laborers, and I 'nk it was along the same lines of what you Throgmorton: I'd like to mentio o ex parte, um, con ations. On April 13" I met with Reverend LaureLyon, who's the Rector Trinity, at which time I explained the rezoning proc s and what Trinity's rights within that process. I did not provide her th any advice about what course f action Trinity should take. On May /1ke to parishioners who were attend' the 9:00 A.M. service at Trinited them not to lobby me personally o this rezoning, and I emphthat I have to think in terms of what is b t for thepeople of this city, as a wot just Trinity. I also urged them to share eir views with the Counwhole, either by email or during this public g. Hayek: else to disclose? Botchway:eah, I mean I had ... see the problem is I gotta remember all the emaiIs. Um, I had another conversation with... Royce! God, I can never remember... Royce iu eterson about, uh, along the same lines as Bill Garhardt as far as, um, local labor n ions and supporting it, I mean, we went a little bit further as far as talking about PLA's but ... um, that was the extent of it and that's... that's it. Um ... and then ... I This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 19 had a conversation with Mr. Moen a while back, um, just about the project in and of itself. Um ... mainly just on, um, my thoughts as far as the ... the project is, um, and the rezoning. That's it! Is that enough? Dilkes: Is the information that you got from Mr. Moen contained in the record? Botchway: Yeah. Dilkes: Yes. So there's nothing outside the record that, um ... that you learned from that conversation. Okay. Hayek: Anything else? Okay, why don't we hear from you, John! Yapp: Uh, the property in question is at the northeast corner of College Street and Gilbert Street, uh, as shown on the overhead. It includes, uh, a portion of City - owned property, uh, as well as a property owned by Mid American Energy, which is currently occupied by an electricity substation. Uh, this is an aerial view, uh, of the property, of the same corner. Uh, to the east is the Chauncey Swan ... parking facility. Uh, to the south is the Recreation Center. Uh, directly to the north is Chauncey Swan Park, uh, and directly to the west is Trinity Church and, uh, downtown, which is all CB -10 zoning on the west side of Gilbert Street. Uh, this is a photograph of the existing property. Staff has, uh, characterized it as ... uh, sub -standard in its use. Uh, it's currently a... a vacant, uh, parcel. Uh, part of the property is used for surface parking, and the old John Wilson building is primarily used for storage. Uh, the ... property is located within the Downtown Planning District of the Comprehensive Plan. Uh, this is an image from the IC, uh, 2030 Comprehensive Plan, which shows the various planning districts in the city. Uh, the property was not, however, included in the Downtown Master Plan, uh, but it is within the Downtown Planning District, uh, as described by this map. This is the land use map out of that IC2030 Comprehensive Plan. Uh... and the subject property at the cor ... northeast corner of College Street and Gilbert Street is identified as General Commercial, uh, consistent with the remainder of downtown. Uh, the land surrounding, uh, on three sides this ... of this property is identified as, uh, Public, for public uses. This is an image of the proposed, uh, project, but before I start describing that, uh, let me discuss the Comprehensive Plan. Uh, the IC2030 Comprehensive Plan identifies this corner as general commercial. Uh, the IC2030 introduction section, uh, notes that this area has not been added to any sub -district plan and recommends a process be initiated to address how this area redevelops. Uh, a process was conducted in 2012 and 2013 regarding redevelopment of this property. Uh, this process included a request for proposals, uh, public input on those proposals, uh... City Council interviews, public interviews with five finalist proposers, and ultimately the selection of a preferred del... developer for the property — the developers of The Chauncey project. Uh, staff initiated a second process, uh, last fall regarding the larger, uh, Comprehensive Plan areas, uh, east of Gilbert Street and north of Iowa Avenue, and also the Dubuque Street, Jefferson Street, uh, corridor. Regarding the ... these This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 20 specific three blocks between Gilbert Street and Van Buren Street, uh, staff did recommend that those blocks be added to the Downtown and Riverfront Crossings, uh, Master Plan, as a logical sub -district plan, uh, for those blocks. While a majority of Council supported that proposal, uh, it did not pass due to a super -majority vote requirement, uh, triggered by the Planning and Zoning Commission, uh, not supporting that proposal. Rezoning the subject property to a higher density specifically the CB -10 density, uh, that is proposed, uh, staff finds several goals in the Comprehensive Plan that ... that support that. Uh, page 12 of the plan notes that continued construction of downtown highrise condominiums suggests there is increasing demand for higher density urban living for people other than college students. Uh, page 13 of the Comprehensive Plan notes that one of the principle goals of the Comprehensive Plan is to foster an environment in the downtown area that is attractive to new employers, especially professional knowledge-based and entrepreneurial firms, small businesses, cottage industries, artists and artisans that thrive on and... and expect urban amenities. One means of accomplishing this goal is to encourage the construction of class -A office space. Uh, page 23 of the plan notes that a land use goal is to encourage compact, efficient development that is contiguous to and connected to existing neighborhoods to reduce the cost of extending infrastructure and services. Another land use goal, uh, on page 24 is to maintain a strong and accessible downtown, that is pedestrian -oriented with a strong and distinctive cultural, commercial, and residential character. One way of doing this is to encourage continued investment in the downtown to assure its place as the center of arts, culture, entertainment, commercial, and civic activity. And I think it was with many of these goals, uh, in mind ... that the City Council ultimately selected, uh, this project, The Chauncey project. Some of the land use factors, uh, for this property that support CB -10 designation ... uh, is its adjacency to the Chauncey Swan parking facility. Uh, it's adjacency to Chauncey Swan Park, uh, which provides open space, uh, for residential living, and... these... the... the parking ramp and the park make this really a unique property ... in the downtown area. Uh, in that it is vacant property. Uh, does not contain any historic landmarks. Does not contain any residential, uh, uses currently. Uh, no businesses will be displaced, uh, by redevelopment of this corner, and that it is adjacent to a parking facility, and open space, uh, make it a unique... property. Uh, the property is already a part of the Downtown and Riverfront Crossings Parking District. Uh, these three, uh, blocks are a part of that parking district. Uh, the property has frontage on a four -lane arterial street. Uh, it's served by public transit service, uh, multiple public transit service routes including the Seventh Avenue route, the Towncrest route, uh, and the Court Hill route. Uh, it's within walking distance of several public facilities. Uh, one block or less from City Hall, the Recreation Center, the Public Library, and the Linn Street entrance to the pedestrian mall. Uh, within easy walking distance of the rest of downtown, several grocery and convenience stores, uh, the Farmers Market, uh, and of course the University of Iowa campus. All of these are factors which, uh, indicate to staff that this is appropriate for a higher density development. Many, uh, rezoning applications do have projects associated with them. Uh, the project associated with this rezoning This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 21 application is, uh, The Chauncey project. This is another image of the project. Uh... from two and a half years ago to today, uh, staff has been discussing the project with the developer. Uh, several of the design factors, uh, that have changed from the project the City Council initially selected, uh, include the height being reduced from 20 stories to 15 stories, uh, more emphasis on the step -backs and building height, both at the third story and at the fifth story, uh, to de- emphasize the height of the building at the College Street and Gilbert Street corner, and I have another image to show that, uh... to show that step -back effect. This is an image looking, uh, towards the west, uh, standing to the east of the, uh, Swan parking facility in the foreground. Uh, regarding parking, uh, one of the conditions staff recommended was that all required parking for residential units be provided on-site. Uh, the project, uh, does include 52 parking spaces, on-site parking spaces, which are, uh, more than enough to satisfy, uh, the City's minimum parking requirements, uh, for the residential units. Uh, as we've gone through the process, we've had a lot of questions about how this project would effect, uh, parking demand versus parking capacity. Uh, and in the last month the Transportation Services Department has collected more data, uh, to provide more information. Uh, based on our estimates, the project would create parking demand for about 161 parking spaces during the day and 146 during the evening. Uh, the Swan parking facility, uh, currently has a capacity of...of 457 parking spaces. Uh, based on the last month of, uh, data, they have an average weekday capacity of 142 parking spaces, uh, per hour. An additional 340 parking spaces are available in the other downtown parking structures on weekdays. Uh, regarding Saturdays, the Swan parking facility has an average, uh, unused capacity of 218 parking spaces. Of course during Farmers Market, uh, that parking facility does fill up. Uh, so we also looked at the other nearby, uh, parking ramps on Saturdays. Uh, the Dubuque Street and Tower Place ramps have over 500 spaces, uh, typically available on Saturdays. Uh, how the City will deal with this parking demand is through, uh, where we allocate parking permits. Uh, much of the Swan parking facility is, uh, parking permit holders, uh, who park in that facility. The Harrison Street facility, scheduled for 2016, will provide an additional 600, uh, parking spaces, uh, to the system, giving us a lot of flexibility to reallocate parking permits, uh, to ensure adequate capacity for the general public at the various, uh, parking ramps, and Transportation Services' Director Chris O'Brien is here if you have specific questions about that process. Uh, regarding the step -backs, uh, in building height, this image, uh ... provided by the architect for The Chauncey, uh, shows the step -back of 10 -feet at the... starting at the third level, and at the fifth level, uh, a step -back of 70 -feet, uh, from the Gilbert Street, uh, right-of-way for much of the building. Uh, and this shows, looking at the east side of the building, uh, similar ... not as significant but similar step -backs at the, uh, and third and fifth level. And ... the, uh, architect for the project, uh, Steve Rohrbach is in attendance and I believe would like to explain the building design and building features, uh, in a little bit more detail than ... than I can, uh, once we have public comment. Uh, this is a map staff prepared showing, uh, surrounding land uses ... of the northeast corner of College Street and Gilbert Street. Uh, specifically we measured its distance to the ... uh, nearest This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 22 residential zone, which is 340 feet, uh, to the east, and the College Green, uh, Historic District, which is 480 feet, uh, to the east of this parcel. Uh, with all five finalists, uh, proposals during the RFP process there was, uh... uh, attention to the shadow effect ... of proposed, uh, buildings on this property, and I'd like to go through some images of the, uh, shadow effect. Again, this was provided by, uh, Steve Rohrbach, the architect. Uh, this first image is showing June 21" at 7:00 A.M. Uh, the right hand side is the proposed Chauncey project. Uh, the left hand side is a 75 -foot tall building, uh, which is the maximum height allowed in the next lower zoning density, uh, the CB -5 density. Uh, so on ... at 7:00 A.M. on June, uh, 21St ... uh, the proposed, uh, Chauncey project does shadow, uh, Trinity Church on the west side of Gilbert Street. The 75 -foot tall building, uh, would not shadow the entirety, uh, of the church facility. By 9:00 A.M., uh, the sun is higher in the sky. Uh, the shadow effect of the proposed Chauncey project, uh, no longer impacts the, uh, Trinity Church structure. Uh, 11:00 A.M., the sun is, uh, very high in the sky. Not much of a shadow effect for either, uh, scenario. Uh, 1:00 P.M., 3:00 P.M., 5:00 P.M. the shadow is more, uh, easterly, and then we move on to, uh, March and September, which are the ... the two equinox, uh, dates. Uh, in March and September, both the ... 75 -foot tall scenario and the, uh, Chauncey building both shadow, uh, the west side of Gilbert Street. Uh, by 9:00 A.M., uh, the ... during the equinox, the sun is to ... at a more southern rotation. The shadow is more northerly, uh, and so the Chamber of Commerce building at the corner of Washington Street and Gilbert Street starts to be a little more effected. Uh, 11:00 A.M., uh, I think the main difference between the two scenarios at 11:00 A.M. to 1:00 P.M. is that the, uh, Chauncey building does shade Chauncey Swan Park more than a 75 -foot tall building would, uh, during that 11:00 A.M. to 1:00 P.M. time period. Uh, by 3:00 P.M. again the shadow is at a more easterly, uh, direction, shading the top of the Chauncey Swan parking ramp. And 5:00 P.M., uh, again, much more of an easterly shadow. Uh, the last, uh, time period is December 21St. 7:00 A.M. it's still dark. (laughter and several talking) Uh, by 9:00 A.M., uh, both ... both scenarios would produce a shadow. The sun is much more to the south. The shadow is much more northerly. Again, affecting more the ... the Chamber of Commerce building, uh, for both ... for both scenarios. Uh, 11:00 A.M. to 1:00 P.M., again the, uh, park is in shadow, uh, under both scenarios. The sun is lower in the sky, so the 75 -foot tall building also shades the park. And 3:00 P.M. and finally 5:00 P.M. it is dark. Uh, staff does recommend approval of rezoning this property to CB -10, Central Business District, uh, subject to a Conditional Zoning Agreement requiring construction of a mixed-use building, no more than 15 stories; a minimum of two floors of class - A office space; and again, that's to help meet that Comprehensive Plan goal of class -A office space in our downtown; uh, step -backs in building height at the third and the fifth levels; all required parking for residential units being provided on-site; and approval of the exterior building design by the City Design Review Committee. Be glad to take any questions. And if not, I think there are a lot of people who wish to speak. Hayek: Yeah. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 23 Throgmorton: John, I ... I'd like to ask you one or two questions. Yapp: Sure! Throgmorton: What would you guess the average height of buildings in the downtown currently is? Yapp: Yeah, I hesitate to (both talking) Throgmorton:... CB- 10 (both talking) you know what's ... looks to me like they're mostly ... three or four story buildings, mostly, and then there ... a few really notable exceptions. Yapp: I hesitate to answer that without looking at ... the actual information. Throgmorton: Okay. Yapp: But I ... I would agree that there's a range ... of building heights. Throgmorton: Okay. Dobyns: John, could you go to the ... back to the shadow grams? Um ... the ... I think we have to interpolate here between your, um, 7:00 and 9:00, I believe. 7:45 I think is the first service on a Sunday at Trinity Episcopal. Yapp: Which time of year, Rick? Dobyns: Uh... let's look at several times of year, but I think probably, um, the winter, uh, winter equinox....or winter solstice. And taking a look at the... northeast, um, window to their sanctuary, um... Yapp: Here's a 9:00 A.M. Dobyns: Okay. So at that point, the shadow is ... taking a look at that, I just want to make the point that I think the shadow, um ... I ... I'm ... it's always nice to have, uh, some light come in at the first morning service and in the winter you don't expect much light but ... my assumption there, taking a look at the shadow, is that at several dates at 7:45 on a given Sunday, it ... the shadow does not totally obscure the east fagade of the church, but it does graze the northeast corner, from what I can tell. Yapp: I think the ... the most significant time of year ... uh, for the Trinity property would be in the ... in the summer. Dobyns: Can we look at that (both talking) Yapp: The 7:00 A.M., uh, June 21St, uh... at that point the church would be in shadow. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 24 Dobyns: And that's at 7:00. Show 9:00. Yapp: That's at 7:00, uh, by 9:00 ... uh, out of the shadow. Dobyns: Okay. So ... the worst would be in the summer, when it would ... during the morning service ... at least half of the east fagade would begin to get sun as the service proceeds, and I believe there are three ther... services in that community, so... Yapp: The, uh... Mims: Might want to (both talking) Yapp: ...Mr. Rohrbach can address questions, specific questions about how the shadow study was ... was generated. Dobyns: Okay! That's fine. Thank you! Botchway: Go ahead! Hayek: Kingsley! Botchway: So we don't have any information as far as the rest of the buildings in that area? I mean outside of the zoning you showed, I mean I think Jim's point about, um, you know, what are the other buildings in the downtown area. Is there any type of just kind of picture, because I know you showed it from ... if you can go back to the original slides, as far as showing the actual picture from different standpoints. Starting right there! Um ... there's no, I mean I'm terrible at directions and so I'm (mumbled) (several talking) Yeah, the northeast side, there's no pictures as far as showing that? That we could see? Yapp: We can certainly provide those for your next meeting. Hayek: Oh, from the opposite, looking (both talking) Botchway: Yeah, from the opposite. That's what I wanted to see. Hayek: Well, John, maybe you could bring that ... if there's a next time ... to answer Kingsley's (both talking) Yapp: Oh, good point! Hayek: Uh, John, we may have more questions for you. Is ... you said the developer's here (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 25 Yapp: I'll stick around! Hayek: ...wants to (laughter) wants to, uh... wishes to pro ... present relevant information. Rohrbach: Good evening, everyone. I'm Steve Rohrbach with Rohrbach Associates. We're the architects. John, is this ready for me? John has asked me to clarify a few, uh, additional items relative to the design of the building and short discussion on the architectural approach with the College and Gilbert Street intersection, um, The Chauncey architecture in general, and then some ... touch on sustainability. So if I can do this correctly. Um ... when the building was reduced from 20 stories to 15 stories, um, the College and Gilbert Street intersection here was reduced from five stories to four stories, which we feel made it much more contectural with its environment, um, across the street, the heights of the, uh, commerce center, the apartments, even the church. Um, the heights of these buildings are all the same, um, scale at this, uh, at this intersection. Um, and to clarify what John had shown before is that there's many step -backs, uh, and we've really chosen to push the tower as far, um, east as we can so that the, um, mass and form of the building ...close, John? (laughter) (unable to hear response from audience) Um, really steps back from the intersection and continues just to present this, um, four-story massing at the corner. Urn ... what we've also tried to do in the design of the building is ... is make this corner very translucent as you can see with the design of the building, um, so that doesn't, um, present a hard ... um, architectural form but a very translucent form where public walking by or going by in cars can see into the building, can see the amenities that are in the building, and not just see this cold, hard architecture on the corner, so a very sof ...very much softens the building, and allows the participants to see what's going on, which is really the public entities that, uh, we're bringing downtown with the two new, urn ... Film Scene theaters, the bowling alley, um, art and uh, sculpture space, um, both on the first and second floors of the building. So we're really, um, very ... proud and ... and think this element will provide great interest for this corner as a four-story element with a tower pushed to the back, which at a pedestrian level you won't see as you walk by the building. Um, let's just talk about the architecture in general. Um ... hear an awful lot about this being a glass tower and I won't deny there's a lot of glass in the tower, but um, we're very proud of trying to bring the other elements in the building, which is some very warm terracotta type material as you can see running up the vertical sides of the building, whether they're stair towers or elevators or structural elements. That really brings a warmth to the building and breaks down the scale of the glass. Um, on the fourth and fifth floor, which are the class -A office space, we brought a warm metal, um, facade that wraps the windows, provides a strong base to the building, and breaks down that glass at that element sitting above the, uh... um, the retail space down below. So ... yes, it's a glass tower but it's got a lot more warmth and strength to it than, um, purely what one might think of just, um, glass. Quickly on sustainable design. We could stand here for hours and talk about this. I consider there to be two primary things about sustainable design, and one is living and one is energy. I can't tell you the number of people Marc and I have talked to that want to come This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 26 and live in this building because they want to stop driving that five, 10, 20, 30 miles a day to work downtown. They want to live downtown, uh, they want access to the restaurants, grocery stores, their workforce, um ... they want to sell their second car. Um, to me this is one of the biggest sustainable elements of this building is the cleaning of the environment that we're going to do by driving less cars! Um, relative to the energy ... you know, at an early stage of a project, you're just making guesses on what type of, uh, savings you can get, um, you know, we're at this time thinking we're going to be no less than 30% better than code. Um, we're going to design for a silver LEED building but we're going to strive for gold. Um, the geo-thermal heating and cooling system we have, and the passive solar techniques and all the other elements we have in this building, tell me that we're going to make silver, but until we get into the detail of the building, and can do the energy modeling, we'll be working with Mid America and the White Group on their, uh, commercial new construction program, and we'll get to gold. We feel we'll get there, but I can't commit to it today, because there's just too many unknowns that you don't know until you get into the modeling of the building. But we're going to make this building as sustainable as we can. I'm going to have my office here! I (laughs) want it to be cheap! I'm going to live here! I want it to be cheap! So ... you've got my support to make it as sustainable as it can. So ... that's what I have. I'll answer any questions if you'd like. Hayek: Any questions for Mr. Rohrbach? Throgmorton: Yeah, I'd like to make a suggestion maybe for our next meeting, uh, because you can't do it right now. I ... I was just looking, uh, at our, um ... uh, packet for the January, 2013 meeting to see the images that were available then, to try to compare them to what you've shown us tonight, uh, and I ... I've heard you talk about changes and I ... completely believe that you made these changes, but I think it'd be very helpful next time to have some side-by-side comparisons so that we can see what the original design looked like and what the current design looks like. You know, maybe ... maybe a couple, uh, pair ... paired comparisons. (both talking) Rohrbach: Yeah, I can tell you today that, you know, it was a 20 -story building. There were four residential floors removed, and there was one, uh, commercial floor removed. Throgmorton: (both talking) Rohrbach: So that'll be what we can show you next time (both talking) Throgmorton:.... totally recognize that. It... it's more like the set -backs part of it and the warmer design elements, those kinds of things. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 27 Rohrbach: Yeah, and a lot of those things weren't necessarily changes. Uh, that rendering right there is very similar to what you saw at the beginning, but ... the changes I can certainly bring ya next time! Hayek: Other questions for, uh, the developer's representative? Okay, thank you. So, uh, what we're going to do — this is a public hearing. We're ... I can see that there are a lot of people who wish to speak to the Council. Urn ... because there appear to be so many people and it's already 8:15, I'm going to ask that people who come forward to speak on this issue limit their comments to four minutes, um, and I'll keep a timer for that, and there's no, uh, particular order in which, uh, we're going to go, but we ask you to sign in and give us your name, um, and to keep your comments to four minutes! (several talking) Mondanaro: My name's Jim Mondan... (both talking) Hayek: Just ... just (several talking) Yeah, we'll see how that goes! Botchway: Okay, all right. Hayek: We'll see how that goes! Okay, go ahead! Mondanaro: My name's Jim Mondanaro and I own the Bread Garden Market downtown, and I think that this is a wonderful project. I encourage you to move quickly so that construction can start, but as I listen tonight, one thing I don't understand is ... how many Sundays are sunny and how many are cloudy? If we're talking about the shadow. I mean I'd like to know but ... that's all I have to say! Hayek: Thank you for the comments. Gravitt: My name is Mary Gravitt, and ... they didn't remove five floors out of the goodness of their heart. It was the FAA that got on `em that they would obstruct the air traffic. Now my main objection to the building is the shadow, because that shadow has to fall somewhere. I'm worried about College Street, but more worried about Gilbert Street, because Gilbert Street is a main thoroughfare. Now to show you how a building can cast a shadow that's dangerous, there's a law office right there on Linn Street — the red brick office, one story. All winter long when it was snowing, it was icy because the shadow of the building fell on the sidewalk, the whole sidewalk was icy, so you had to cross the street. And the objection to Chauncey was always the height — how does it match the neighborhood? So the people don't... it doesn't... it's not the point that they don't want the building there. People want to see progress. But the objection is it ... that that height, that 15 floors, is still too tall! And when we have these tall buildings, we have problems. Even the Vetro or the Ventro, whatever the name of that hotel is, I seen the septic tanks pump that place out twice. So, who's going to inspect the plumbing, and if you ever seen that Red Green Show with the guy with the boots? (laughter) And he talks about things and if you ever ... I live, when I lived This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 28 in Philadelphia, I lived in a place similar to Iowa City. We had cesspools and cesspools when they overflow, they stink! But the idea is ... the shadow, and that shadow has to be cast somewhere and the objection is the excessive height of the building. So ... 15 floors is still too much! You can still have all that fancy stuf . But they didn't get rid of the five floors because they wanted to, and this is the problem. The problem is still the shadow. Thank you. Hayek: Thank you for your comments. G*dt: Uh, good evening, I'm BillGto t, uh, I come tonight wearing two hats. One I came to Iowa City in 1969 toschool and I never left, probably like a lot of Gerhard people in the audience here, and two, I'm the President of the Iowa State Building and Construction Trades Council, which is the umbrella organization for those craft unions that do construction. You know, the carpenters, electricians, plumbers, fitters, sheet metal workers, roofers, painters, glazers, laborers, operating engineers, on down the line. Uh, and I'm in support of this project for a couple reasons. One, uh, it's going to create I would say at least 150 good construction jobs, and by good construction jobs I mean jobs that pay well, jobs that have health insurance, jobs that have pension benefits, jobs that contribute to, uh, apprentice programs which, uh, train our future, uh, craftsmen; and two, I think as the architect said, this is environmentally a preferable and more sustainable building, uh, than if we don't go up. It's better to go up than to go out, somewhere along the line people want to live in Iowa City, but we need to stop the blight of urban sprawl because we're taking farm land out of production. When people want to live downtown, uh, not have a car, then I think we ought to accommodate them. So, uh, I just want to let you know I'm in favor of this. Uh, my only caveat is I wish it was 21 stories. (laughter) Thank you. Hayek: Thank you for the comments. Ross: I want to know about, uh, my name is Brandon Ross, and uh—what is the consideration for the actual people ... of Iowa City. I heard the architect say that he wants an office in that building. He wants it to be cheap. But I would venture to say that the architect is earning well over $100,000 a year. How many of those units are going to be affordable to people in this town who are working class, Afro Americans, Latino, working class Anglicans, Caucasians, how many ... how many of those buildings are going to be ... how many of those, uh, places are going to be affordable to people who are in labor unions? Now I say that because I see some of the... some of the labor brothers here. And I've always been in the union, and I support, uh, the labor. This is not the only, uh, type of building that can be built. This is a building that is going to be tall. It's going to be out of scale. But, where is the affordable housing? Right now we're in an economy that is bad for eight years, and people can't afford to live. In these chambers I see before me... upper middle class people making decisions. You are in the minority. That says nothing bad about any par... particular person. This building is a land -grab for those who have money. That's the way the people see it. TIFing, giving this land This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 28 in Philadelphia, I lived in a place similar to Iowa City.J had cesspools and cesspools when they overflow, they stink! But the ide.the shadow, and that shadow has to be cast somewhere and the objection is xcessive height of the building. So ... 15 floors is still too much! You can stive all that fancy stuff.But they didn't get rid of the five floors because they ed to, and this is the problem. The problem is still the shadow. Thank you Hayek: Thank you for your comments. Uh, good evening, I'm Bill Garhardt, uh, I comet 'ght wearing two hats. One I came to Iowa City in 1969 to go to school and I ver left, probably like a lot of people in the audience here, and two, I'm the Pr sident of the Iowa State Building and Construction Trades Council, which is the brella organization for those ft unions that do construction. You know, a carpenters, electricians, p hers, fitters, sheet metal workers, roof , painters, glazers, laborers, o 'ng engineers, on down the line. d I'm in support of this project for a couple ons. One, uh, it's going to cre e I would say at least 150 good constructi jobs, and by good constru ' n jobs I mean jobs that pay well, jobs that have he insurance, jobs that ha a pension benefits, jobs that contribute to, uh, apprentice p grams which, uh, our future, uh, craftsmen; and two, I think as the archit said, this is en ' nmentally a preferable and more sustainable building, than if we on't go up. It's better to go up than to go out, somewhere along line peo le want to live in Iowa City, but we need to stop the blight of urban sp wl ause we're taking farm land out of production. When people want to live do own, uh, not have a car, then I think we ought to accommodate them. So,) I' I ' t want to let you know I'm in favor of this. Uh, my only caveat is I wish it w 21 tories. (laughter) Thank you. Hayek: Thank you for the comme)tts. Ross: I want to know about, , my name is Bran n Ross, and uh...what is the consideration for the tual people ... of Iowa . I heard the architect say that he wants an office in at building. He wants it t be cheap. But I would venture to say that the archi t is earning well over $100,0 a year. How many of those units are going to affordable to people in this town ho are working class, Afro Americans, lino, working class Anglicans, Cauc ians, how many ... how many of those b Wings are going to be...how many of th , uh, places are going to be affordabl to people who are in labor unions? Now I s that because I see some of the... me of the labor brothers here. And I've alwaybeen in the union, and I support, , the labor. This is not the only, uh, type of buil1'ng that can be built. This i a building that is going to be tall. It's going to be ou of scale. But, where is affordable housing? Right now we're in an economy that is bad for eight ye , and people can't afford to live. In these chambers I see before me... upper iddle class people making decisions. You are in the minority. That says no g bad about any par... particular person. This building is a land -grab for those who have money. That's the way the people see it. TIFing, giving this land This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 29 to somebody, uh... it's out of scale, and it's out of reach. You take a look at that ... of those, uh, charts, you reduce everything down to geometry. The shadows. My favorite was ... December 21St, 5:00. It's pitch black. December 21" at 5:00, to me, represents... where the people of Iowa City are in regards to this project, because they cannot afford to have any part in it. The bowling alley, the theater, they're nice fetishes. Who's going to afford those things? Okay? So ... I see it as a failed situation, much like I see the (can't hear) project that's across from the Co -Op that displaced the Red Avocado, the Bradley Center, uh, the bed and breakfast, replacing 16 affordable businesses with one. To date, two after two years. Replacing all that affordable housing ... with none! Okay? How much is each unit in this building? Can we honestly give this to the people of Iowa City? Maybe people who are ... who are architects, people who are managers, people who are on the Council who are in upper middle class, maybe those people can afford these places. But in my way of looking at things, the rest of us, the 85% perhaps, we're at December 21 st, 5:00 — in the dark, out of reach! Hayek: Thank you for the comments. (applause) Ason: Good evening, my name is, uh, David Ason and um, I'm a neurosurgeon here at the University of Iowa Hospitals and Clinics. And ... I probably would like to speak on behalf of most of the single, professional, uh... people who work at the University Hospital and probably the University. (clears throat) I did my training here and then I left and lived ... lived in Philadelphia, Helsinki, and different major cities, and uh, when I came back, one of the attraction that made me come work for the University of Iowa is the ability to live in college town and mainly in a downtown that affords semi, uh, vibrant, urban lifestyle. Um, because of that I'm able to enjoy, uh, living town, access to all the facilities that downtown offers, but (clears throat) not only that, I do a lot of emergency surgeries, um ... probably I'm the only one in Iowa that does what I do, and because of that I'm able to go to work within probably three, four minutes. Um, not only that, I ... I afforded a lot of jobs and one of the reasons I stayed in downtown, or in Iowa City, is the community that both, uh, hotel Vetro, which I lived for five years, and also Park that I live now for almost a year, the community that affords. For example (clears throat) as I said I'm a single person. We had a neighbor, uh (mumbled) who, uh, you know, that's emotional story for us, um, he's ... was single man and disappeared for almost, uh, two weeks and no one knew anything about him, but ... living in that neighborhood or that community, um, Monica Moen called all the hospitals, um ... all the police, uh, stations and finally we found him in Mercy Hospital. He has no relatives. He's single, and all the community (clears throat) the people who lives in these towers, rallied around... around him and supported him. He died within six weeks. But ... seeing that, for me as a single person, um, knowing that this comfort. Now I'm sitting here, I'm a neurosurgeon and I hate to kind of emphasize that, but listening talking about the shadow, that's disgusting! I'm really disgusted with this! If someone who has, you know, I mean, if you're talking about substantial thing about the building, about the ... but shadow? I mean, come on! I mean (clears throat) for ... for that similar argument, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 30 people that go to football stadium now should complain about the Children's Hospital. I mean that's going to foreshadow the ... the stadium when the game's gonna happen. Same thing for ... for me, you know? I operate. I'm going to go tell my boss, well, because it shadow this I'm not going to operate. You know, or I'm going to wait till it's sun... sunrise. So ... I ... I'm just emotionally charged about this ridiculous shadow thing, and sitting here for 15 minutes trying to reflect how the shadow is going to, you know, effect Trinity Church. I mean ... I think Trinity Church should look at this, they're religious people, we respect them and everything... but ... I think they're being too greedy about the sun covering their church or not. You know? Who cares! I mean I lived in Philadelphia and there's a lot of tall buildings cast ... (several talking in background) So I'm sorry! Thank you. Hayek: Thank you for the comments. Severson: Good evening, I'm Joan Severson. I'm the co-founder and president of Digital Artifacts. I'm actually David's next door neighbor at the top of 201 Park. So, um, the first thing I want to say is that if any of you would like to come and visit our offices and see Iowa City from 201 Park, you'll see why we love where we are as a business. 201 has provided our company tremendous opportunity in both recruitment of high-tech talent, as well as providing us with an environment that articulates the creative design and aesthetic elements of software and technology. So, very few people think of the type of work that we do, which is advance engineering and software development, as having an aesthetic and artistic component, but actually three of our employees, our full-time employees, are artists. They're digital artists, multi -media artists. My background is actually fine arts originally and theater, and I went into computer science here at the University of Iowa after wanting to study virtual reality (laughs) so I come from a ... an unusual background. Um, I love Iowa City. I love the fact that we were able to move from out at Oakdale down to downtown Iowa City. That was because Marc was able to help us to get, um, an office space at the top of the building, which was originally zoned for residential. Part of that had to do with the fact that David, um, agreed to let a commercial, um, business be in the ... in the unit next to him. I cannot tell you how much it has benefitted our company. When we bring clients in from outside the area, they are stunned at our business. We've had people from the Bay area come and take pictures of our office space because it is so unique. I think that, um, you don't understand... maybe you do understand and appreciate the talent that is in Iowa City. Um, the people that graduate from the University of Iowa. A lot of them like to stay and a lot of them have ad ... have advanced degrees. We have people that have come and applied, uh, to work with us from up in Cedar Rapids that are at some of the tech firms that are up there. Urn ... I think that building this space is ... is necessary for potentially... providing an opportunity for people that want to, um, in my background which is software, be able to start businesses that have a global impact. So I just wanted to bring up one more point that I'm not sure if, uh, many of you are aware of, but we were ... Iowa City was featured by the American This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 31 Institute of Economic Research as the best small city for educated millennials. We have to keep that momentum going and I think that this type of a building is really necessary and I think that the commercial space will benefit everybody, including people that want to move here and start businesses. Thank you. Hayek: Thank you for the comments. Botchway: (mumbled) ...who does she work for again? (several talking in background) Quellhorst: Good evening. I'm Nancy Quellhorst. I'm the President of the Iowa City Area Chamber of Commerce. Uh, I want to begin by thanking you for your thoughtful decision making regarding downtown and the surrounding areas. I know some of the decisions that you've made in the past have not always been the most popular and they've required courage and I think they've been (mumbled) So thank you for your thoughtfulness. Um, I'm here to advocate for CB -10 zoning for The Chauncey. Uh, I think it will do many things, but among two of the most, uh, important are, uh, helping us to attract the knowledge workers that Joan just referenced. We have a lot of employers in this community who are struggling to find people in the technology area, in the STEM fields. Uh, they're very competitive fields and this kind of property attracts people from other areas and that's really critical to our economy. The other thing that the dense, vertical, uh, housing that this represents will do is help us build our tax base and that's so very important to the work that our great non -profits are doing in this community. So, I thank you for your support and consideration. Hayek: Thank you for the comments. Schamberger: Good evening, Mayor and Council. Um, my name is Josh Schamberger. I'm President of the Iowa City and Coralville Area Convention and Visitors Bureau, and I want to join and echo the comments made by my peer, uh, Nancy at the Iowa City Area Chamber of Commerce and I assume will soon be made by my peers at the Iowa City Area Development Group and Iowa City Downtown District in supporting this Chauncey project. This development will provide new opportunities for tourism and economic growth in the downtown area. It also contributes to the viability of existing businesses, as previously communicated here and at P&Z, um, to ... and to staff via our... a few of our organizational board members downtown here and Mark Ginsberg and (mumbled). The Chauncey will enhance existing business and add much needed additional property taxes for area services, all while promoting a diverse set of new commercial space. All of which are positive additions to the downtown area and community. These efforts combine to advance a shared goal — to continue making this area a strong attractor for out of town visitors and enhance the quality of life for residents in Iowa City and our surrounding communities. I'd be happy to visit with any of you, uh, at any time, uh, regarding our support and uh, our reasons for wanting to see this move forward. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 32 Hayek: Thank you for the comments. Farkas: Good evening, my name's Linda Farkas. This is my husband Ed. Uh, we moved back to Iowa eight years ago and about four months ago we moved into the Plaza Towers because we were looking for more of an urban setting. Uh, we moved to the Plaza Towers because the incredible reputation of the Moen Group and I ... we have found their excellence is well founded. Building The Chauncey would increase that quality living experience and bring even more positive economic impact to our downtown. We know multiple friends that if this is approved want to get on the list for this downtown urban place to live. I do hope you will vote to build this for the po ... progressive positive future of Iowa City, with the proven quality of the Moen Group, and I will also say on sustainability, we went from two cars to one and we're looking at the Zip cars real heavy and just to getting rid of even a car. So ... thank you. Hayek: Thank you for the comments. Cilek: Hi, I'm Dan Cilek and I work at Meta Communications and um. ... Meta Communications relocated from Gilbert Street down to Park 201, uh, in August and we've gone from 33 employees to 45 and we're growing very rapidly now. Um, our last three hires, one's from Kansas City, one came from Coca Cola in Atlanta, and then we had a gentleman in St. Petersburg, or not ... yeah, Florida, and um ... people from the east coast, and the reason they're coming here is because of our location, I believe, because they see it on the web. We have a full time recruiter now that is out, uh, targeting people, and the only way we can bring them to Iowa City is to have this type of environment that, uh, these young kids will work in. So, I highly encourage, uh, that this project move forward cause Iowa City needs ... (clears throat) needs to recruit smart, intelligent young people and ... not only do they want to work in this type of environment, they want to live in this type of environment. Um, I've heard in the past a lot of talk about you know neighbors, you know, the neighbors are against it, that type of thing. I would argue that, you know, we're neighbors too and when we bring people to Iowa City and they work downtown they become part of the community and they're part of the neighborhood. So, I'd encourage you to go with it. Thanks! Hayek: Thank you for the comments. Peterson: Hi, my name's Royce Peterson. I'm with the Carpenter's Union here in Iowa City. I'm also a resident of the community. Um ... couple reasons I support this building is one ... what Bill talked about as far as good paying jobs for construction workers in the area, as well as ... I don't want to see urban sprawl. Is ... if we don't start going up, we can't ... we can't keep going out. We have to start going up. Uh, just for personal experience, my niece just moved into town here recently. We had a hard time finding her a place close to downtown. She has a ... handicapped child. We ended up having to get her out in Riverside is the closest thing we could find. I think as we build these buildings up, and the people This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 33 move into the highrises, that we'll open up housing in the outside areas. Also, one of the reasons I really support this building is as far as the downtown area goes, there's not a whole lot of entertainment for the college chil... kids and... and adults alike. With the ... the theaters in the building and ... and some of the other things they're going to offer, I think it's going to be a good opportunity for the college kids in the area, but ... I really think that this is the direction we need to go in in Iowa City. There's a few more coming up, and I support `em! Thank you. Hayek: Thank you for your comments. Pettit: Hello, my name's Joseph Pettit. My ... I'm a college student here. Also an Iowa City resident. Uh, I have a ... multiple issues with The Chauncey project as it stands. For the first part I'd like to start off by saying that I would strongly ... I absolutely oppose the idea of using TIF money for its construction. Uh, it's ... has ...Little Village magazine covered it in a ... uh, in an article about a year ago. Uh, TIF money is not neces... well, should not be used for .... or should not expressly be used for the ... projects like this. It should be used for, for example, low- income housing and not to subsidize a large project, such as The Chauncey. Uh... there was also a disregard for the transition zones when this issue was brought up repeatedly during the Planning and Zoning Committee's meeting about two weeks ago. I ... I personally would see The Chauncey as something like a sore thumb. It would ... there would be ... there wouldn't be a gradual, uh ... movement away from highrises down to lower, well to two or three story residential areas. It would be something like a nail sticking out of a board. Um ... I'll ... I also have a ... nother issue with how the whole building looks, as ... in person. Uh, the architect said that the use of glass on the first two levels would blunt it, make it more transparent. I just see it more like a greenhouse, more like ... I would just feel uncomfortable standing inside, waiting for a movie to start. And speaking of movies, the ... I don't know if the ... well, I'll have to dig up the Field of Dreams and say ... about the `if you build it they will come' thing. I don't know if people would... if students would come to these new theaters or this boutique al ... bowling alley. I don't even know what a boutique bowling alley is. Um... some people might not have the means to go to it every so often, and I don't see where the ... tourism attraction would be either, unless it...it would be for ... if there was a hotel there, if it would just be bringing people for the football games and that's it. Uh... I understand that ... the City's looking to expand its ... its tax base to prevent fu ... for future debts. Also to reduce... zoning and housing. You'll get all that but ... Iowa City just wouldn't really be the same. I've heard people talk about how its ... how Iowa City's kind of a mix between urban and rural, like ... like it's a comfortable hybrid between Chicago and a ... any small town ... west of here. I just feel like this would be ... that this is just going to make Iowa City more metropolitan and go away from that image. I like being able to go downtown as I please. I like the sort of mix of highrise and ... uh, normalcy, for lack of a better word right now. It's just harder and harder for me to think about remaining here as these changes occur. That's all I have to say tonight. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 34 Hayek: Thank you for your comments. Cole: Good evening. My name is Rockne Cole and I'm a Co -Chair of the Iowa Coalition Against the Shadow, and I'm also here appearing on behalf of Trinity Church. I'm going to depart a little bit about from my prepared remarks tonight because I...there's a lot of things that I don't know. We have he ... people here tonight that have all of the answers. They articulate all of the jobs that'll be created. All of the young millennials that will be attracted here. All of the great cultural amenities that we will have if The Chauncey is built. The reality is if...if we're here tonight to discuss what sort of jobs Trinity Church provides, what sort of millennials will come to Iowa City because of Trinity Church, the answer to that question is is we don't know the answer to that question. We hope they do join the church, but I do know one thing — the mission of this church is important. It serves a central function in our commutity... in our community. Feeding the homeless ... or housing the homeless does not necessarily create any jobs or attract any millennials. Standing up for the most vulnerable members of our community may not attract the high -paid workers, the knowledge workers, or all of the people with access and economic interests, but it's important work. Over these last fif... 40 years since we've seen churches from throughout our community leave the inner -district and move to the outer rim. It's extremely troubling and what we also have here is a Trinity Church who has served this community with distinction. Since 1870! And they've identified a community under stress. But rather than listen to their concerns, address what their needs are, and engage in a community-based discussion so we can solve these issues, instead they've had to endure countless... tonight even mocking about what their concerns are. They've consistently been ignored. I stand here proud to represent this church because I think we can never forget what this community is about, which is not only mixed use, but mixed income, and this particular project is only going to allow the I% to thrive and flourish. People that work for a living —12, 15 hours a day — will not have access to this project. And one final comment related to the Comprehensive Plan this evening. We were here little more than three months ago to change the ... and modify the Comprehensive Plan, which we admit would have greenlighted this project, no doubt about it! Seven to 15 stories at corner lots. That's what the modification said, but it failed. And that failure matters, because if you look at the Comp Plan, where we are now, and even the proponents of The Chauncey have to admit this, it says, and I state, it refers specifically to College, Gilbert, and it says, and I quote: While both areas have potential to redevelop at higher densities due to their proximity to the downtown and University. Both should comply with policies and goals of the Central District Plan, in order to ensure quality design and appropriate transitions to the lower density residential neighborhoods that board `em. That border them. So I think as you deliberate tonight and as you consider whether you're going to grant this and discuss this, I think you really need to answer one question — and that is does CB -10, which allows for unlimited density as well as unlimited height comply with that particular provision, and we believe the answer is is no, it does not. And it's that height, that density that's driving the cost, which in turn is requiring a huge This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 35 subsidy that's going to be transferred from the working people of Iowa City to the elite of our community and it's wrong and you should vote no and you should stand up for the entire community rather than the select few. Thank you. Hayek: Thank you for your comments. (applause) Warnock: Good evening! I'm Attorney Chris Warnock. I live at 532 Center Street here in Iowa City, and I represent Trinity Episcopal Church. I have the luxury though as a lawyer of only taking cases that I personally believe in and that's been the ... the cornerstone of my ... of my practice. When it comes to deciding policy, uh, just ...when it comes to deciding if The Chauncey tower is a good project or a bad project, you get to make the call! The buck stops with the City Council. But that authority to make policy decisions comes from the law. So, um ... you must follow that law in ... in making your decision. So tonight I'm not going to be talking about policy like everybody else. I'm just going to talk about the legal problems that (mumbled) identified with The Chauncey project. The first is Mr., uh, Cole just talked about was the Comprehensive Plan fix. That failed. Without that Comprehensive Plan fix, the CB -10 zoning has serious legal questions. Second of all, uh, Trinity filed a protest. Now under Iowa law, if 20% of the property owners file a protest, you have to have a super -majority. The City has decided that that's only ... that that applies to all property, public property included. Our view is that the right to protest only attaches to private property. The City does not need to protest its own decision, and that law was made to protect private property owners. To protect private property, and that's enshrined in the Iowa Constitution. That's very important. So that's the second problem that hangs over this CB -10 zoning preceding, from a legal standpoint. And just in terms of the ... of The Chauncey project, the use of HUD funds for luxury housing. Senator Grassley asked HUD to inquire into that use. It's ... and I looked at the statute myself. The first thing I saw is you cannot use affordable housing funds ...for luxury housing, and that makes sense. Finally, we also have some questions about the legality of refunding the purchase price for the land. That's going right back to the developer. So that's another, uh, legal question we have. So even if...CB, uh, if CB -10 zoning is approved by the City, and the City signs a contract, in the words of the immortal Yogi Berra, it ain't over till it's over! And it's not going to be over until the courts decide the legality of these various issues. So if CB -10 zoning is approved, I will advise my client Trinity Episcopal to file a protest petition. Now a petition for (can't hear), it sounds like ... it is ... to go to the courts, there's no damages. We're not asking for any money. We're just asking the courts to take a look at the actions and see if they're legal or not. Everyone has a right to do that and we're gonna initiate that process if necessary. Now the only thing the court's going to be able to do is overturn it if it's illegal. They won't come and say this is a good project or a bad project. That's over. Okay? The only question is whether it's legal or not. So this is a project that's going to change the face of Iowa City for 50 years. It's a ... on a huge scale. And we need to make sure that we've crossed our T's and dotted our I's legally. So the question I think for the City and the City Council is ... are you willing to gamble, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 36 and is Mr. Moen willing to gamble, millions of dollars and start construction or even start the contract before the legality has been decided by the courts. We think that would be a serious mistake. Thank you. Hayek: Thank you for your time. Knapp: Jim Knapp, Iowa City. Um, first I'd like to congratulate Mr. Rohrbach for designing an absolutely beautiful building. I ... I think it is, and I'd like to ask Mr. Moen why he can't put that building down on that parking lot that's illegal instead of puffin' it in there, and why this ... he's the only one in Iowa City allowed to have an illegal parking lot in the Central Business District! After that, I'd like to educate the Council just a little bit about what happened with Plaza Towers. Did you know Karin Franklin served as the Director of Planning and Community Development for 20 years? Did you know that Monica Moen worked with Karin Franklin for 20 years? Do you think there's any prejudice there? Do you think there's any gift or giving? Did you know Karin Franklin, the head of the UI Community Credit Union and now Marc Moen is on the board of the UI Credit Union? Do you see anything that might be a conflict of interest so far? Do you think that ... gave Moen some inside pull when the sitting ... the City ... the City Council and the City Manager. Do you think ... what Robert Bobby Joseph Jett was kept in the background during this thing, and there was a reason for that. Did you know the (mumbled) was appraised at $1,771,000; sold to Marc Moen for $250,000. He said I will pay more and he never did! Do you know what property was sold to Moen for $250,000 although he said he would negotiate, pay more, okay. Did you know Ross Wilburn was a counselor at that time and happened to be the swing vote on the (mumbled) came out 4 to 3. Ross Wilburn recused himself every time he was at the ... a Council meeting when it involved a community development block grant funding issue because he got his income from an agency that worked for the community... block grant funds. But he did not recuse himself on this one! I've seen him and Mr. Moen out having coffee together! I think there's a little bad influence and I don't want to see this Council do that! And you've already ... some of you have come out and said, `Oh it's a wonderful idea!' Well it is a beautiful building, absolutely beautiful! Why not put it down there on the corner of Clinton and Burlington? Where Moen owns the property that he could put it on and he didn't have to ask the City to sell it to him, and we don't have to give our property away. And then you say, `Okay, only people within 200 -feet of that. What about all the people in Iowa City, they all own that property and they all have to walk by it sometime or other. Will they walk into the glare when the sun's shining off those glass walls? Or they going someplace else, but they're always going past there, so why not put it someplace where you can put a little lift over to the parking ramp across the street and let people use that? That parking ramp hardly gets used, and why did the City sell ... the ... wall to the University? And why did the City change their ideas ... at one time the University could not occupy a space below the second floor in downtown Iowa City. And that's been changed! And then that Karin, or ... they come out and they say in the paper, behind closed doors we finally reached an agreement! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 37 Why the hell should that be behind closed doors when you're talking about millions of dollars of taxpayers' money in a TIF, and I asked to see those behind closed doors records, and she wants $120 for me to see them, and I don't think that's right. I've got 2,000 pages of Plaza Towers and it's going into a book that's called ... well, you'll know (mumbled) you'll know later. Do you know where the proceeds of the land will go? How much are you going to get for that land? When Moen already owns the rest of it, and he'll be coming asking you for the parking lot between his land and The Mill, which he also owns. Did you know that all previous votes came from before ... (mumbled) Did you know the... Hayek: Mr. Knapp, your... your (both talking) Knapp: ...development block grant was cheated out of $1,500,000 by... Hayek: Mr. Knapp, you're at four minutes. I'll ask you to (both talking) Knapp: I got three and a half minutes; I just looked at my watch! Hayek: No, you're at four minutes and 14 seconds. Knapp: Yeah, well how come you gave all the time to the City to talk all night about shadows? Hayek: Thank you for your comments. Bird: Mayor and City Council Members, my name is Nancy Bird and I'm the Executive Director of the Iowa City Downtown District. Thank you for, um, providing opportunity for the public to comment and for your patience in hearing everyone speak tonight. As you are aware, the ICDD Board of Directors voted unanimous... unanimously in October to support increased mixed-use development plans within the Civic District and the North Clinton, uh, Districts of the Comprehensive Plan. These close -in areas provide opportunity for existing businesses to breathe and grow and help support additional permanent residents downtown, which is critical to our overall health. The zoning proposal before you meets the position of the Board, and I'm here to express support for quality developments, such as this, that will bring new tenants and uses to the downtown area. The developer team has great experience. They don't cut corners, and they care about our tenant ... tenant mix, which is very important to our organization. We've been working on this for a number of years, um, and we're making progress. The Moen Group is providing several things in this proposal that I believe is important, such as set-aside units for affordable housing and family ori - oriented entertainment uses that don't rely on alcohol sales for profitability. That's very appealing, and it's very challenging to finance and carry forward. A different, um, a different zoning category would likely not yield the same community benefits. These benefits, I believe, will give a real signal to others in the market that the downtown areas isn't just for the bars and the students any This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 38 more. It's a place that students will want to stay and work for companies who do business, for families to enjoy time out to visit, and a place possibly even to retire. With that I hope you'll vote in favor of the proposal. Thank you. Hayek: Thank you for your comments. Parkes-Perret: Now where do I sign here ... I guess this page. Okay, my name's Ariane Parkes- Perret and I am part of the millennial generation, or at least the upper end I guess (laughs) and I'm an artist, a local artist, and I've grown up in Iowa City my whole life. Um ... I'm suppose ... I guess uh... there's somewhere between 12 to 50 million tax incre... or TF money that's going to be going into this project and I guess, um, there's probably still a little confusion as to exactly what it is supposed to be used for. My understanding of it is that it's supposed to be going into like blighted communities or to help like with Iowa City infrastructure, and I didn't know if there was anything in the TIF criteria that involves improving city infrastructure, for example like roadways. I mean, I'm a bicyclist and ... I ... this year I've had to deal with a lot more potholes and a lot more, you know ... you know, flat tires than I've had previously and... it's... it's kinda of a nuisance having to bike through this community and have to deal with that. So ... wouldn't like improving city roads, like for example, you know, adding protected bike lanes or permeable paving would be a ... wouldn't that be a better use of TF money than say... going into a building that may or may not be affordable to the general community, and I mean I also have a lot of concern about accessibility, um, in public places, urn ... just a few months ago I saw a program on PBS about, um, some, you know, Central Park and how the, uh, some of the new highrises that are like anywhere between 80 to 100 stories are affecting the, you know, just the park itself. People would be sitting out and ... in late summer morning and all of a sudden this shadow kind of casts its, you know, just all of a sudden it starts casting its ... its way across the park and this is a building where, you know, the apartments are upwards of like $30 million per unit. So just ... I'm ... I'm very concerned about how this will ... how affordable this building will be and even with a bowling alley, I mean, how much is it going to cost per game? $10, $15? Um ... I mean ... what, how ... how accessible is ... are the amenities in The Chauncey going to be to the ... the community at large, and is it going to be something that everyone is going to be able to enjoy, and something that's not going to block out the sunlight. So ... those are my comments. Hayek: Thank you for your comments. (applause) Summerwill: My name is Dick Summerwill and uh, I'm a long-time resident of Iowa City. As a matter of fact I spent, have spent most of my life in Iowa City, uh, especially as a ... child running around through downtown Iowa City in the 50s and the 40s (laughs) I would say it was a very nice town in... in that era. There were five movie theaters, there was lots of green grass. There was lots of retail business going on. Uh... I left for college and a stint in the Navy, and when I decided to come back here in 1963, the town was a mess frankly. It was ... it was the worst This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 39 dog town anybody almost could ever imagine, and we had to go through something ugly called `urban renewal' to get it straightened out. Uh, it took a long time to do that, and I can tell you that right now because of what the City is doing and what the University is doing, that ... this city in my opinion is in the best shape it has ever been in, and is moving faster and more positive than any time... that I have ever, uh, seen it. It's because the City and the University are cooperating fully and well, and it's also because developers, like Marc Moen, has agreed to take a risk and put buildings up that make this city what it is today, and I know there are people who don't like glass and tall buildings, uh, and... and you have your right to that opinion, but ... there are many people, including most of the young ones, that ... do not feel that way. They like the idea of a major city influence, and so ... when ... when I look back on it, I see .... such positive moves that ... I encourage you to do what you can to keep those moves going, and I say that ... that is because ... you need to approve this thing and ... and keep ... keep the city moving. Thank you! (applause) Hayek: Thank you for your comments. How's the Council doing? Are we ... okay! We're ... we're going to, uh, take a quick break and come back and we'll ... we're going to shoot for five minutes. It's going to be a quick break! Uh, and then we will resume the public hearing at that time. (BREAK) If we could have, uh, the audience's, uh, attention... we're going to resume the meeting here. Um... (several talking in background) We took a short break and now we are back. We are still in the public hearing. (several talking in background) We're, uh, we're still in the public hearing on Item 5c, which is The Chauncey rezoning and what I would, uh, we've heard from a number of people and we'll ... we'll stay and hear from a number more, but what I would encourage people to do is, especially if you've been here and have heard the comments of previous speakers is to try to bring something to our attention that has ... has not yet been mentioned to us. It's helpful to ... for us to get as diverse, uh, and, um ... uh... detailed information as we can and not to repeat messages. So, I just encourage you to, um, bring new messages to us to the extent you can. With that (mumbled) Plum: Thank you. My name is Mark Plum. I am a resident of Iowa City. I went to school here. Uh, I'd like to thank the Council for this, uh, opportunity to speak and uh, for your time, and I ... think you have a wonderful opportunity tonight to, urn ... and I hope you will act on it and .... uh, I am a member of Trinity Church but I'd like to speak ... I'd like to think I'm speaking not only as a lay leader of the church, but also as a citizen of Iowa City and of ..this planet. Tonight the Council has a chance to go against the trend of unequal distribution of housing that is a real crisis in our country. In Iowa City, as in many other places around the U.S., housing has become a world of haves and have nots. Where the upper and upper middle class can easily obtain the housing they need and want, while everyone else struggles to obtain and pay their mortgages. (mumbled) we think of ourselves as a progressive city, Iowa City is no exception to this trend. In fact we are very much a part of it. What does all this have to do with The Chauncey? Everything! In fact I think we have a microcosm of this issue with this building. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 40 If the Council fails to act tonight and this building goes up, it will provide over 50 homes, all but five of which will almost certainly be bought by people with means. It will not provide diversity. The people that will purchase these units will be almost exclusively high income single or couples. There will be no families with children and no working class, and certainly not working poor. Now, the Moen Construction Group certainly has the right to build such a building, and sell the units to whomever they wish. But it is my opinion, and the opinion of many other citizens of our community that our City has absolutely no business subsidizing this construction, in what can only be termed as an upward redistribution of wealth. In these times of high inequality absolutely shocks me that Iowa City, a progressive city, would use taxpayer money to further subsidize those who do not need our help. I'm not the first person to point out this obvious flaw. In response the City has offered to purchase, again with public funds, five units at $200,000 a piece. A $200,000 condominium is not workforce housing. This is a completely inadequate sys... solution to this issue. It seems to me that the tract of land we are discussing here is quite desirable... from a development point of view. In fact, when this process began there were over a dozen proposals, many of which were much more palatable to the public than the one we are discussing tonight. As a citizen I fail to see why the City needs to provide any financial incentive at all! If we chose to, however, I believe the people have the right to ask that the City spend the money in a way that is compatible with our values. If we as a city have to have a huge debate on whether or not we can provide temporary homeless shelters for those of us most in need, it is obscene that we ask our taxpayers to fund those among us who do not need help at all! I urge you to take this opportunity to speak for your citizens, to follow two ... two recommendations of the Planning and Zoning and Committee ... to not further exacerbate income and housing inequality in our city. Thank you for your time! (applause) Hayek: Thank you for your comments. Lyon: Lauren Lyon, and thank you for the opportunity to speak this evening. Cities frequently attempt to derive their identity and define their accomplishments narrowly through the avenues of government and commerce. Anyone or anything that does not fit readily and function optimally within the competitive marketplace is easily lost sight of or discounted as not having a legitimate role in a city's life. Divergent interests have been at the heart of discussion of rezoning the corner of College and Gilbert to CB -10, making way for the construction of the 15 -story Chauncey. Advocates for Trinity Episcopal Church have addressed the issue of tax increment financing and HUD funds for the construction and purchase of luxury housing. Trinity parishioners, many of whom are affluent, accomplished, and young, the vast majority of whom support some form of development on this land, have noted also the negative impact of a high density building on available parking and the long-term effects that will have on the church's ability to host the kind of activities that will further its mission and build its membership. Religious organizations and the sacred spaces in which they do This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 41 their work operate primarily outside the marketplace. They offer respite from it. They care for those who are excluded from it economically, or left behind by it because of their inability to compete. They care also for those whose needs are outside the scope of government's expertise, or its will to act. It is not surprising that faith communities are not automatically taken into account when a city's identity is being described or envisioned. They live and move and have their being in the spaces between government and commerce. But at least in recent history, religious organizations have had a part in the life of all great cities and have had the respect of their inhabitants. At their best, they draw together the members of a community across boundaries of social and economic status, race, age, and interests. They offer an ethical counterweight to the values of wealth and power that frequently drive commerce and government. They emphasize the inherent value of the person, apart from his or her ability to produce, act, or persuade. Government and commerce have the power to make it difficult for a faith community to access what it needs to thrive. When master plans are put in place, faith communities don't fit easily into the categories around which they are organized, and they get left out of the picture. Frequently those in charge of creating the plans are not aware of the important contributions of faith communities to the neighborhoods and cities they serve. Such a lack of knowledge was demonstrated this evening and at the recent Planning and Zoning Commission meeting, at which the Commission declined to recommend the zoning change under consideration tonight. At that meeting, several supporters of the zoning change expressed the opinion that the church should be thankful for the anticipated presence of an upscale... upscale residential building full of prospective members right across the street. Trinity welcomes all who wish to take part in its mission, but that mission is something different from greed and it is something different from the search for affluent, accessible customers. Religious communities have a rightful place in the life of downtown Iowa City. It is endangered by a headlong pursuit of profit that risks forcing them out economically. First Christian Church, Agudas Achim Temple, and St. Patrick's Church have relocated already to the peripheral parts of the city. It appears that the Unitarian Church will soon follow them. They left downtown in order to safeguard their ability to pursue their respective missions. Unwise decisions about downtown have not impeded their work, but downtown is poorer for their absence, and the shortsighted values that it represents. Please do not allow overwhelming density to pressure Trinity and other faith communities to follow their lead. I urge you to vote against rezoning to CB -10. Hayek: Thank you for your comments. (applause) McElroy: Hello, my name is Betsy McElroy. I'm an elected lay leader of Trinity Episcopal Church and I thank you for, um, hearing us tonight. The purpose of the zoning regulation is to develop and promote a common vision among diverse contingu... constituencies for how land is used, to serve the common good. It is intended to mediate relationships between neighbors with divergent interests, in a manner that looks beyond what is immediate and narrowly focused, toward overarching values This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 42 and purposes that serve the community as a whole. The proposal to rezone the corner of College and Gilbert Streets to CB -10 will make way for the construction of a 15 -story Chauncey building. The Chauncey, as currently envisioned, will put additional pressure on available parking in the nearby area and increase the difficulty for persons to attend events at Trinity Church. Those events include not only Sunday morning worship and parish activities throughout the week, they also include weekday and weekend evening concert, frequently hosted at no charge for University students, and meetings of community organizations that are scheduled every day of the week at various times of the day in support of cause as diverse as youth empowerment, environmental sustainability. Many attendees of these events also support downtown businesses before and after their activities. Limiting acc... access to parking at these events will also limit that support of nearby businesses. Growing membership is central to the mission of any church. Membership begins with an initial visit and the quality of that experience is significantly impacted by the convenience of parking and subsequent access to the building. Limited available parking for church visitors will make it more difficult for them to get to services at Trinity on Sunday mornings and for other events. This impact will potentially reduce future membership and threaten the long-term viability of the congregation in its downtown location. In addition, welcoming and incorporating persons of a broad range of ages and abilities is central to the mission of any church. Trinity's elderly pa ... parishioners and those with physical challenges depend on access to parking close to the church building in order to take part... in its activities. The demand for parking imposed by The Chauncey building will further limit the availability of spaces with easy access to the church. Downtown is alwa ... already poor for the losses of First Christian Church, Agudas Achim... Temple, and St. Patrick's Church. Faith communities that have chosen to relocate away from center city in order to safeguard their vi ... ability to pursue their respective missions. It appears that the Unitarian Church will soon follow. If the zoning is changed to CB -10 to allow The Chauncey to be built, I can imagine a day when Trinity and other faith communities, many of them among Iowa City's oldest institutions, may be forced to follow their lead. At that time the extent to which they contribute to the city's quality of life will become readily apparent. I urge you to vote no on the proposed zoning change to CB -10. Thank you. Hayek: Thank you for your comments. (applause) Futrell: Hello, my name's Susan Futrell and I want to speak on behalf of myself and my husband Will Jennings. We live in the near northside neighborhood, one of the historic districts that abuts the downtown area. Um, and I came to Iowa City in 1973 so it was about 10 years after Dick Summerwill (laughs) came back in 1963, and I can agree with his, um, picture of the urban renewal process and the times, um, when I came in 73 ... downtown had its charms, but it certainly was not the vibrant and, um ... lively center of...of commerce and culture that it is now. And in fact I share many of the visions in the description, um, that were outlined in the ... in the presentation by the Planning Department and the proponents of the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 43 building that we need a high density, um ... mixed housing opportunity downtown and that wo... that I would really like for Iowa City to be a place where people come and want to live and work, and contribute culturally and economically to the community in that way. I think the project that's being considered here would be a great addition to downtown Iowa City, um, in any of many ... parts of the downtown and the Riverfront Crossings zone that are already zoned for just this type of mix of housing and ... and offices and the theater and, um, I'd ... I'd really like to see that happen, but I ... many of the proponents of the project tonight have spoken as if in order to have those things we have to have them in this very particular place and this project, and I think the City Planning and the Council in past votes on this project have done a disservice, both to the community and to a developer who's made a lot of great contributions to the kind of downtown we have, by persisting in ... trying to put this particular project in what should be a transition j ... zone that abuts three of the oldest and most historic neighborhoods in the city. College Hill, Iowa Avenue, and the Jefferson area, um, that ... that many ... decades of investment have been made in that, and also in much of our civic space in the downtown, including a Farmers Market that's repeatedly voted as one of the top 25 in the country. That transition, um, and the ability to have both these visions of our city co -exist, um ... has plenty of opportunity in the Comprehensive Plan and the zoning that is currently here for, um, us to move forward ... and I think it makes no good sense for this ... the Council and the City to go against both Planning and Zoning and the Comprehensive Plan, and somehow persist in ... in the idea that this, to have these benefits of a project like this we have to have them on this particular spot. Um, I don't believe that's true and I hope you'll see some broader sense in ... um, finding a way forward that allows us to have this ... vision of our community that both preserves and honors the old and the intangible public, um, culture that we have here with the vibrant new modern, um, arts and housing and business that we could ... could have together with that. So, thank you! Hayek: Thank you for your comments. Holton: Good evening. My name is Ann Holton. I speak here tonight as another representative of Trinity Episcopal Church. Progress in Iowa City is not an either or proposition. Vibrant development that increases the tax base of Iowa City is not dependent on rezoning the corner of College and Gilbert and erecting The Chauncey as a 15 -story building. It's not! Proponents of this project have stated that people who oppose The Chauncey, "like the city the way it is and dislike any and all change." This certainly is not the view of Trinity Episcopal Church. From the outset of all discussions, we have proclaimed our support of development of this site. But as many opponents have stated, this is the wrong project for that place. For years the Downtown Association has been looking for ways to enhance downtown life and bring businesses and consumers into the heart of the city. Businesses must have had access to their establishments as a major priority because they know they cannot survive if people cannot or do not want to brave the parking perils to come through their doors. And the City has responded This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 44 to their needs ... by changing to many one-hour parking meters, adding credit card payment options, providing free first hour parking in the ramps, and now experimenting with valet parking. Access to a place of business is essential to the survival of downtown establishments. It is essential for Trinity too. The citid... the City's Chauncey Swan parking ramp study indicates that there is always access to parking, and that this should not be an impediment for users, but this is not the reality experienced by many of us, and not just Trinity's members. Additionally the lower level of the ramp, which is included in the number of spaces available, is not easy to negotiate for those who need close proximity to our church or downtown businesses, especially those who are older or who have mobility issues. CB -10 zoning requires developers to provide less parking than a building with CB -5 zoning. CB -10 zone minimal requirements intensify the competition for already extremely meager parking opportunities. It is not too late to step back and reconsider. It is not too late to design a project that promotes growth and development for Iowa City and also takes the needs of its neighbors into consideration. The City looks out for its businesses, and rightly so! We ask that the City look out for the needs of its good neighbors, as well. I urge you to reject rezoning this property to CB -10. Thank you. Hayek: Thank you for your comments. Bergus: Good evening! My name is Laura Bergus. I'm a lifetime resident of Iowa City. Uh, I'm also an attorney, but unlike some of my colleagues who spoke earlier tonight, I'm not here to threaten a lawsuit. I'm here (laughs) to advocate on behalf of my young family. I've heard a few comments in support of higher density in the downtown area, but maybe not right here. And I want you to consider why this is the right place and the right time and why you should approve CB -10 rezoning for this location. Talk about accessibility to downtown for young families. If you have young children, you don't want to park in Chauncey Swan or park in the Tower Plaza ramp and walk down to south Riverfront Crossings in order to access a movie theater. That has the most affordable tickets in town and the cheapest and best popcorn in town. You don't want to have to walk (laughs) all the way down there for a bowling alley, which the only other option right now is all the way down at...at Colonial Lanes. Talk about the Public Library right there! The ped mall, right there! The Farmers Market, right there! This is a perfect opportunity to enhance the vibrancy and vitality of downtown Iowa City, downtown! Where young families can use it, whether they live there or not! I live on the southeast side of Iowa City and ... I probably will never be able to afford to live in this building, but I think you should rezone it and I think it should be built. Thank you. (applause) Hayek: Thank you for the comments (applause) Lowenberg: Good evening, my name is Gerhard Lowenberg. I'm a resident of Iowa City. My family and I moved here 45 years ago and I've been a member of the faculty of the University of Iowa. I'm a retired faculty member now. For eight years I had This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 45 responsibility for recruiting faculty, uh, to the University of Iowa, specifically to the College of Liberal Arts and Sciences. So I am sensitive to the importance of making Iowa City the kind of community which can attract the best faculty nationally and internationally, and it always has been a struggle, not only because of salary competition from major universities, but also because Iowa City in the university world is a relatively unknown community. People fly over Iowa City, they don't land in Iowa City very often, and to attract faculty nationally and internationally would typically have been educated in graduate departments in larger cities than Iowa City is a ... is a struggle, it is difficult. We often lose out, not only do we often lose out but we sometimes lose faculty when we're happy to attract when they are recruited by universities that are in more metropolitan areas. We want to preserve in Iowa City the attractiveness that it has always had and that I have always enjoyed but in keeping with what is happening in the United States today, that requires Iowa City to become a more urban community. Because the process of suburbanization, which govern much of land use development in residential development in the United States from the end of the second World War more or less to the end of the 20th century is over it seems to me, and a re - urbanization is occurring, for many, many reasons and I don't want to go into detail, but we're all aware of the fact that re -urbanization is occurring. So that... not only do faculty coming to Iowa City need to find it attractive when they first come, but they need to find it attractive for their whole careers and they need to find it to be the kind of community that is with it, that is in keeping with what is happening in the United States today, and that means high density housing and architecturally sophisticated housing, uh, and green housing of the sort that has been developed recently in recent years in Iowa City, is really indispensible. On the question of transition zones and whether this particular property ought to be developed ... as a CB -10 area, um, it seems to me that we've got to be forward looking and say the transition zones cannot be too narrowly drawn within a city of this kind. Uh, the property which we are looking at is a property that is so close to the heart of Iowa City, as you have heard over and over again and as we all know, to the Public Library, to the Civic Center, uh, to this building, to the University of Iowa that to artificially regard it as a transition zone in which no development of this sort can occur would I think restrict, uh, the kind of re - urbanization or urbanization that I think is indispensible, if Iowa City is to keep... its place in the United States as a major university town, which is its distinction and which is something we ought to be jealous to preserve. Thank you very much. Hayek: Thank you for your comments. (applause) Diehl: Thank you for letting me speak. Um, my name's Ethan Diehl. My family moved herein 1975. Um ... I think that the decision for this building was already made. Um, it was made when the Council decided to put out an RFP to fill in the space that is currently vacant. Um ... because of not rezoning it before the RFP went out we've been spending the time since, um ... fighting over this property. I think most of the ... the bad blood about this, um, is sour grapes. I think that the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 46 building is beautiful. I moved here from Austin... back from Austin, Texas, a year and a half ago, specifically because Marc Moen built Park at 201. Um, I'm a painter who actually works for a living as opposed to the rich person I'm supposed to be. Um, my parents are retired. They're downtown. My dad was a teacher and my mom was a librarian, and I think that this should be rezoned, um, and improve downtown Iowa City. Thank you. Hayek: Thank you for your comments. Madden: Uh, my name's Henry Madden. I've, uh, spoken to you before. Maybe you were ... you read what I had to say in the newspaper. This, uh, whole, all this discussion of which, uh, you found out in the last two and a half years is a ... is a really hairy issue! Uh, the people are interested in this issue, and the way you attacked it in the very beginning, you acted as if, uh, people would not be interested. You're going to make the decision, uh, you didn't explain it in January of 2013. You didn't explain why you chose this particular building. Uh, you asked for afford... workforce housing. There were 13 units in The Chauncey. You added to `em but cost us a million dollars, but you've added five units to it now. (clears throat) The, uh, there was one, uh... uh, developer who offered you 153 units! But you ignored that! There was one, uh, developer who ... who offered you a ... energy net -zero building and you ignored that! Platinum LEED! So ... if you had had this discussion and you let the people in on why you were making these decisions, uh, maybe you wouldn't have all this consternation for the last two and a half years. You took it to the, uh... well, I might say that the only reason that I heard when... and I was at that meeting, the only reason I heard was ... it was a bowling alley which would keep the kids out of the ... out of the bars! I've never been in a bowling alley that didn't have a bar! (laughter) I don't see that as a good reason! Uh, theaters — we know that theaters are in decline! You have population... every... every year is shrinking in theaters! And you're going to put two theaters in here? The one that's here now is barely able to keep its head above water! I ... it, uh, it...it baffles me! Now it's very easy to get five or six, uh... uh, residents of Plaza Towers to come in and talk about the residence. Yes, it's, uh, these are $300 to $350,000 residence! But uh where are the workforce housing? You want to bring these people downtown, you want to be... bring accountants and... and clerks downtown? You're not going to build a ... bring `em down in that building! I ... it would appear to me that you solve your problems if you started all over again, and all you need is, uh, if the two people that, uh, that voted against this before vote against it now, all you need is one person to say `let's start all over, let's tell the public.' You had the public in the P&Z, the Planning and Zoning Commission. You had them tell you twice that this doesn't fit the Master Plan and they aren't ready to change the Master Plan! But you want to bulldoze it ahead, bringing it up here again. You're gonna want to go through three meetings like this. Bulldoze it and say `the hell with the people; we're gonna make this happen!' I hope there's one of you that has the courage to change his mind! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 47 Hayek: Thank you for your comments. (applause) Brodie: Good evening, Council, my name's Andy Brodie. Um, I am 35 so I don't count myself as a millennial. I'm a little older than that, but I am still young. I have lived here 15 years. I currently live in a 19'b century building on the north side of Iowa City, so I do appreciate the historic architecture we have here. I also appreciate the new development that we've had in this city, which I think has moved it forward immensely since I ... I moved here 15 years ago. I voluntarily chose to stay here after college to try to build a filming community in Iowa City. I am one of the co-founders of Film Scene. I can tell you that was not an easy choice to make and I've turned down opportunities to work elsewhere for more money. I worked the first two years of Film Scene's existence completely pro bono to make this happen. I'm now salaried. We're up to five full-time employees and a number of part-time employees, which is quite good for a non- profit. We're certainly not in decline! We have been open for a year and a half now, with our Scene One space which we chose to open after knowing that The Chauncey project would take a number of years to develop, because Iowa City was so badly already behind the curve. And just those 15 months with one screen and 65 seats, we are nearing the 1000 -member mark and in our first 12 months we did over 35,000 admissions and I'll add we did those admissions without one single dedicated parking space. Those are the kinds of developments we need in Iowa City. Just today we announced a new programming partnership. I now work as the Program Director because our success allowed us to hire a dedicated Executive Director to help lead us forward, who I think you'll probably hear from after me, but just today we announced a new program initiative called "Vino Veritas." I'll take credit for that clever name. It's a reference to verite film making, but also a reference to in... in vino veritas, in wine truth. We also think there is truth in film. Our first vino veritas ... uh, veritas series is June 7a'. We're bringing a filmmaker in from France to show us some Spartacus and Cassandra. We'll also be doing an educational outreach program with that director and that film with United Action for Youth. That's completely free of charge. We do multiple free events every single month, and those also 12 first months we managed to show more than 200 different feature films. Those are all really remarkable numbers, and I can tell you our colleagues across the country have been very impressed with what we've been able to do. Those colleagues are also expanding to better serve their communities because there's a growing demand and desire for non-profit community -oriented art house film programming and media education. We are poised to do the same. We'd like to do the same. We've been working on it for a number of years now. It's time to move this project forward. I've been here ... I've lost track of how many hours in the last... going on three years. I've never heard more public comment and feedback on an issue, and many people seem to repeat the same thing hoping that that makes it true, but I like to look at the facts. When you look at the facts about parking, the shadow, etc., those concerns are largely unfounded. I might also add, uh, another, you know, it's kind of semantics. Are we going to chop down trees because they This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 48 cast shadows? No, they provide shade. So ... let's also think about that. Thank you. Please vote to approve The Chauncey tonight! Hayek: Thank you for your comments. (applause) Conroy: Hi, my name's Tom Conroy and I do not live downtown. I live out on the Peninsula neighborhood. But I work downtown, actually fairly close to the site that is under discussion tonight. I work at Blank and McCune, the real estate company which is just on the other side of Ralston Creek, and I'm here in support of changing the zoning, and I hope you will change it as well, so we as a city can move forward and, uh, begin to heal. This no doubt has been tough on many people in this room, including yourselves. Uh, but ... I think when we look at the facts of what potential the lot has, to the future of Iowa City, um, it outweighs at this point the, uh... changes and the ... and the stress of those changes, um... mainly I ... my point wants to be that there is a market for this type of living. Now, in real estate there's a great saying that there's a lid for every pot, and... you don't have to like every pot that you look at or that you try to go and you see and you imagine yourselves living in it, but at some point in time, somebody... will see themselves living in that house. And ... many people that we talk to on a day to day basis who are coming in to Iowa City, who are recruited here for jobs, who are retirees, who are coming here to set up businesses... like the idea of living downtown in higher -end homes like this, in high density areas where they don't have to have a car, where a ... huge amount of amenities are provided for them. And I think... in the long-term, if we go ahead and we develop as the proposal is set up to do, I really think all of these fears and concerns will be outweighed on the future and what's going to happen. Um ... I can't help but think, um ... you know, nobody's tearing Trinity Church down. Trinity Church has been there for a really long time, longer than a lot of us here, obviously. And it ... will continue to be there, and it relies on ... the individuals in that church to carry on its mission. And part of that mission is going to have to adapt to the change in the environment that happens around it. It would be a shame ... if people from that church felt that they needed to exit just because this building was built. And... that's something they have to resolve in themselves, because I think they can come together as a community and understand what good is going to come out of this building, for the community at large. So ... I hope you make a decision tonight. I think we all need to move forward and the right step forward is not being afraid of our shadow and rezoning this. Thank you. Hayek: Thank you for your comments. Horan: Hi, I'm Howard Horan. I'm a life-long resident of Iowa City, um ... I'm certainly committed to this, uh, sweet little place and I ... I ... I've tried to leave several times, but not been able to. I'm here tonight as an elected lay leader from Trinity Episcopal Church. Um, we oppose, uh, we oppose this rezoning, primarily on the parking issue. If...the project had 50, even 50 more spaces designed into it, we might not be here! If in planning there had been another parking structure This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 49 planned for a ... behind the Rec Center — that would certainly accommodate our specific personal concerns. If the City hadn't... removed from public use some 15 parking spaces in, uh... the, uh, blue ramp, I might not be here at all! Urn ... I'm concerned about (laughs) I'm concerned about the specific uses of the TIF funds. I understand that TIF is a great thing and I ... and it can be used properly, but... if ...you as individuals would not personally invest in a bowling alley, then perhaps it is disingenuous for you to invest my tax ... tax dollars! (laughs) Urn ... we don't really oppose the development. We know something has to go there. Uh, in fact we would love to see it, um... (clears throat) I was concerned about the shadow. I don't think that's, uh, I don't think that's going to be a ... finally I don't think that's going to be a great issue. I am sorry to see the City grow like this, partly because I can't grow as fast as the City. But I urge you not to approve this zoning change tonight. Urn ... I think there's a better way to do this project. Thank you! Hayek: Thank you for your comments. (applause) Van Horne: My name's Amanda Van Horne. Um, I'm a resident of Iowa City. You've seen me up here before, uh, as a representative of Trinity but today I'm speaking on my own behalf. Urn ... I like to think that the values that I'm going to express are also held by many of the members of Trinity, but my role here is as a citizen, not as an elected representative. What is the purpose of government? I think the purpose of government is to look out for those who can't look out for themselves and to provide a vision, to protect and strengthen our community for the future. This function may be carried out through regulations, financial support for particular initiatives, or through determinations about how the city grows and changes. The question before us tonight is one of zoning or land use, but both the judiciary and Planning and Zoning have ruled that it's not possible to consider a zoning issue without considering the particular project. So we can't speak vaguely to land use without talking about the project that's under consideration here. With that in mind, I'd like to spend a moment reflecting on how The Chauncey in particular proposes to use land and the values of the City that were reflected in the original RFP. The original RFP reflected values like the need for workforce housing. When I listened to the conversations about school district boundaries and community policing, part of what I hear is a conversation about how housing appropriate for a variety of income levels and family structures is made available and distributed around town. Where students receiving free and reduced lunch go to school and how we chose to develop land are not unrelated issues. The original RFP called for workforce housing, and a small percentage of the total rental units are being ... or total purchased units actually are being allocated for affordable housing in the current project, with the majority of the building devoted to other uses. The original RFP asked that the building strengthen the existing Chauncey Swan Park, but made limited mention of surrounding neighborhoods. Although City staff believes that this development will take pressure off of surrounding neighborhoods, we've heard in the rezoning process about how members of those neighborhoods view this as a threat. What about the goal of strengthening Chauncey Swan Park? I'm gratified that the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 50 proposal includes some uses of Chauncey Swan Park and some ideas that incorporate a redesign of aspects of the park. But in my mind strengthening the area means that we have a plan to maintain many of the successful activities that make it a plant town square. Food trucks, the Farmers Market, Rummage in the Ramp. I sometimes wonder if The Chauncey will actually crowd out these public activities in place of private activities that serve a select few who know how to lobby the Council. Have we asked whether this development strengthens our whole community? I simply don't see how gardens on a rooftop of a building, a hotel and luxury apartments are in the service of the least of these. Or even in the service of most of these! These are upscale amenities open to a select few, a local neurosurgeon, high -paid architects. Critically the building consists of services not available to the general public, but rather only available to those who can afford to live there. In terms of forward vision, I also see a role for governments at all levels to incentivize care for our earth. In that vein, in -fill development is certainly better than urban sprawl. However, building on abandoned lots in town is a low bar to set for environmental protection. The Chauncey could make an attempt to be more ... in a more environmentally -friendly building. For instance, committing to, not just aspiring to or ... vaguely waving their hands at, but committing to gold or platinum LEED standards. We know that global warming is changing how land may be used in terms of farming, landscaping, and recreational activities. It may not be long before we all go the way of California. Iowa City should be a progressive city looking ahead and requiring that the way land is used is for the purpose of promoting long-term sustainability in our building development. We're all in agreement the development would be better than an empty lot, and would provide more skilled construction jobs in the process of the construction of that building. I think it's important to bear in mind that no one here is arguing for no development. Hayek: Miss Van Horne, you're at four minutes. If you could wrap up, please. Van Horne: Okay. Everyone here thinks that whatever development goes in on this corner is going to have a major impact on the future of Iowa City for years, for decades even to come. Don't make a hasty decision and vote in favor of this change because it's been three years worth of City work, or because we've waited long enough. For a building that might last a century or more, more time spent on careful planning is very likely to be worthwhile. Please deny this request for rezoning as the first step in helping to shape Iowa City into a community that cares for those who cannot care for themselves. Hayek: Thank you for your comments. (applause) Tiefenthaler: Hi, my name is Joe Tiefenthaler. I'm the Executive Director at Film Scene. Um, I would like to talk a little bit more about, um, the arts and culture of downtown a little more broadly. Um, I'm also the literary director of, and one of the co - executive directors of Mission Creek Festival. Uh, it was a festival that started small, um, but it started as a festival that saw a... a bright future in this downtown This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 51 area and what, uh, a long-term collaborative arts festival really could be. Uh, it's a festival that in its 10th year was recognized two weeks ago by the NEA, and we look forward to seeing how that grant and this ... this vision for putting arts programming in ... in our venues, old and new, how that can affect the lives of everyone across our community. Uh, as Andy is stating, you know, we're already... we're doing some programs at Film Scene alone that are bringing these artists, these world-renowned artists, out into the communities, across sections. Urn ... we are continuing to strive to put the rest of the cultural scene, uh, in Iowa City on the map, and on the national map, on the world map, um, everybody like will know what the literary community is like, but there's a burgeoning film community and there's, uh, the tech side and the food culture. Uh, we really have a vision, um, for what downtown Iowa City can be, and I ask you like when you look at the vision of what this building will bring, uh, we're excited about what two more venues, um, can do to the film community, what it can do to ... to concerts, comedy, uh, how it can expand the different ways in which visiting, uh, visiting artists to Iowa City can really interact. Just look at that ... look at that plot with CB -5 zoning. If you... if you vote against this and it stays the way it is, we have plenty of examples of what CB -5 building look like. They're just south of Gilbert right on the other side of Burlington. These apartments that will go up, it will be mixed use, but the apartments will be for undergraduates, and they will not be affordable anyways. I've been here since 2000 and I've seen Iowa City really progressively move towards including families more and more downtown, and this building, these developers, that's been with ... that's what they've been doing for years and I would hope to see that continue. I hope you guys can... can vote on this as soon as possible and I urge you to vote yes. Thank you. Hayek: (applause) (mumbled) comments. Dillon Ridgley: And the list grows! Hello, good evening! My name is Dianne Dillon Ridgley and ... oh, it's going to be hard with that echo! Uh, but I want to thank you first and foremost for your service. I know it's not an easy task, even as the hour continues to grow, and the primary reason ... oh, everybody (mumbled) identified themselves, so I'm a fourth generation Anglican who is a member of Trinity Church. I'm also a member of the Grannies, and since everybody's talked about film, I happen to be annually one of the jurors for the D.C. Environmental Film Festival for the last three years. So there! Urn ... but I'm speaking primarily tonight because the questions that I asked at several of the Planning and Zoning Commissions, none of those questions have been, with one caveat, have been addressed or sufficiently answered, and I think they're important to be addressed in this process. So ... um, I've lived in Iowa City for the last 25 years, and quite frankly, when we decided to move here, my children and I could not wait to come to Iowa City, and I agree with you, Matt, when you ask the question — where else would you live — we don't want to live anywhere else cause I've had plenty of offers to do so, and I love it here! And I care tremendously about this community. I do in mentioning those questions though that I have feel that they really are... uh, important to address and ... I know you don't want repeats, but I do think it's This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 52 important to underscore that the change from a 20 -story building to a 15 -story building was not some concession, but was, uh, requirement that was dictated by the, um ... F ... (unable to hear person in audience) Well we should make it clear then, because it has been stated over and (unable to hear several talking in audience) Hayek: Okay, okay, okay! Let's ... let's just focus (both talking) person at the podium, and ma'am, just please continue with your comments (both talking) Dillon Ridgley: All right! Okay! But it does not seem to be a particular concession. Um... and while on the issues around sustainability, which is where my personal expertise is, um, I noticed that in the, um, visual this time there was a ... an addressing of moving from ... the aspiration of the equivalency of LEED cer ... certification to mentioning silver LEED or gold LEED. I would mention that when Trinity did their, um ... rehabilitation and ... and building and adjustments a few years ago, we committed to sought and guaranteed LEED gold certification, and I would ask that the, uh, project if it goes forward not just talk about equivalency, but actually seek and commit to getting the certification at LEED silver or gold. Um, my biggest concern that I'd express this evening that no one else has mentioned, uh, because several times it's been mentioned that there's going to be geo thermal in terms of the heating, and clearly the building as it's currently expressed has no land to do that, cause we sought to try and do that at Trinity, and we were told we did not have enough land. So it's my understanding that the geo thermal will be placed in the Chauncey Park, cause there's no other land anywhere else in order to do that, and I would say as a... citizen, as a taxpayer, if in fact the geo thermal is going to be installed in the park, that would seem to me needs to be expressed whether or not that is going to be a payment to the City, whether that's going to be surrendered as a gift, and then what would be the legal implications of the people who gave trees, plantings, and donations to that park and they were made with the expressed, uh... um, expectation that they would be there in perpetuity. It seems like there would be some legal implications to those gifts that had been made to a public park, which if it is given for this use for the geo thermal, will alter that. Hayek: I think you're at....four minutes and we need you to wrap up! Dillon Ridgley: Really? Okay! I'm ... 90 seconds! I... Hayek: We need you ... we need you to wrap up! Dillon Ridgley: That's what I'm doing! The ... the last question that I asked the other time was in terms of the Americans With Disability minimum requirements in terms of access to the building, particularly a building that would have such high density and... inclement weather, which we know is much of the year on the east College entrance, if you look at the designs, that looks to be at best one or two spaces for cars, and the last point is that considering that this is over a former gasoline This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 53 station, there's been no discussion, and I asked previously, what about the removal or verification that they have been safely, uh, excavated, the tanks, in terms of being able to provide the underground parking. Um, lastly... Hayek: Ma'am, please wrap up! Dillon Ridgley: I am! Lastly ... as a, someone who's been a master speaker at the US, uh, GBC for the last 15 years, um, we are not saying that we want no building, cause I do think that is what people keep seeming to think, but we want one that is far more appropriate to the size and space, and there's just too much and it's too intense for that space. Thank you... very much! Hayek: Thank you for your comments. (applause) Kuenzli: My name is Cecile Kuenzli. You've heard from me before too and I did not plan to speak tonight, but as I sat here listening to the comments I just have three little things I want to say. We've heard a lot about the film community and what it does for Iowa City, but I would like to point out that the film community is not the whole community and you are making your decision on what's best for the whole community. I would ... we've heard a lot about the amenity of the bowling alley in The Chauncey. Well, nobody has mentioned that there used to be a bowling alley in the University Union and it closed for lack of use. Um, we've heard that The Chauncey would attract new faculty to the College of Liberal Arts. I very much doubt, in fact I know that no young faculty, and particularly faculty with young families, could afford even the $200,000 units in The Chauncey and I know because I've helped many young faculty in the English department find, uh, housing they could afford in our neighborhood, and I'm not a realtor. If you chose to zone this CB -10 you really are, as you have heard so often this night, deciding on using a TIF for the select few. (applause) Hayek: Thank you for the comments. Rapson: Hi! I'm John Rapson, uh, I ... a resident of Iowa City for 22 years, since 1993. Live on north Johnson Street. I work and live in downtown. (clears throat) I'm a former resident, born and rais... not born, but raised in Santa Barbara, California and left a 10 -year job in Santa Barbara, California, partially among many other reasons because of the way that wealth was dividing the community there, and bifurcating the community. I'm Director of Jazz Studies and I don't know if you know, but since 2008 Trinity Episcopal Church has been the home of University of Iowa Jazz Studies. It is not just a Sunday -morning church! While we were there ... no longer, but while we were there, there was a co-op ... that was for watching children, taking care of daycare. There are many things that go on in that church, morning, noon, and night. So it's not just a Sunday -morning problem of the shadow. And they are serving a larger community than just the parishioners. As a faculty member I ... have cherished Iowa City because of the way that the city is able to galvanize behind a number of events. One of the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 54 things that I also noticed in Santa Barbara was the lack of support per capita anyway for the arts, for the great wealth that was there, and the fact that it is possible to have it happen here in Iowa City over a large swath of the community is something that I cherish about being here and I intend to retire here. I raised three kids here. We've decided not to go back to California, but to stay in Iowa City. I ride a bike to work. I walk to work. I love that aspect of it. I want to be able to retire here ... and it's increase... increasingly difficult for people of my income bracket to be able to find ways to retire in the city ... not just with low income but moderate incomes. There have been other faculty that have spoken tonight. I'm not in their income bracket. If you look at the income bracket of people who teach dance or theater, or who in social work. It doesn't come close to the people who are in the medical profession or in the law profession. So you need to consider even a large swath of the professional people who are in Iowa City. I would like to see affordable income... excuse me, affordable housing in Iowa City. I'm not against development either. In fact I ... like many of the things that I see around here and the vibrancy that are in the city. It has to do with scale. In Santa Barbara, my former home, I believe that the tallest building in downtown, of a city over 250,000, is eight stories. The Granada Theater. It is possible to have development in a very beautiful city and also not necessarily to just have sprawl. We just need to look at the variety of ways that many different peoples and incomes can be served within the city. Thank you for your time. Hayek: Thank you for your comments. (applause) Etre: Uh, I'm George Etre. I, uh, live at, uh... 221 E. College Street, Plaza Towers, #1109. Um, I want to thank you guys for your patience. I'm going to make this quick because I've been up here a few different times and I'm sure you guys have heard everything under the sun tonight, but ... I've owned my own business downtown for 13 years, um, I live downtown. I grew up in Iowa City, and this type of development is what as a business owner I thrive on, and this is one of the reasons why I chose to live downtown, uh, my brother lives in Park and he loves it. Um, my parents want to move downtown from Coralville and this type of development and excitement is really what I thrive off of, and it's what's helped me grow as a business owner and open up more and more restaurants, um, and that's the kind of excitement that ... Iowa City needs, and ... keep pushing the envelope. So I would suggest that you guys move forward on this development. Thank you. Hayek: Thank you for the comments. Moen: Good evening, my name is Marc Moen. Thank you so much for all the time you've, uh, committed to this process. Urn ... I want to just review briefly ... I'm on the development team, by the way. Um ... I want to review briefly how we got to where we are tonight. In August of 2012, almost three years ago, the City released an RFP for this site, and requested development teams who were interested in urban... downtown density buildings. It specifically stated that the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 55 goal was for an urban downtown density development with commercial, hotel, office, and residential uses. It also stated that the purpose of the RFP was to solicit proposals from development teams for an urban downtown... building, and it specifically stated that the City anticipated CB -10 zoning for this site. That was a very public process, uh, and many people bid on that process. Most of them bid on CB -10 buildings. Um ... 15, 18, 20 stories. The Chauncey development team extensively studied the site and the surrounding area when that RFP came out. I bid on exactly two RFPs in my life — Plaza Towers and Chauncey. We take that very seriously. It takes... it's... it's a several hundred thousand dollar process to get to the point where we are tonight, and ... we don't do it lightly. So we did our own independent analysis of that site, and we came up with the same conclusion that the City had in its RFP. Site selection is critical to us in our developments. And ... all things considered, and there were ... it was a balancing act. There are considerations on both sides. All things considered, we felt that this site deserved and could handle a CB -10 building, and as you know our original proposal was 20 stories. From the very first early concept plans when we first started looking at the ... the massing of this building, the architects were extremely sensitive to the corner of Bur ... or of Clinton, excuse me, of, uh, College and Gilbert Street. We had looked at the contact... contextual, uh, situation at that corner and the buildings around it, and the ... and the tower is set back 70 by 100 feet from that corner. That's... that's larger, twice ... twice the size of most ... uh, properties downtown. That ... that now functions as a four-story building; uh, in the original proposal functioned as a five -story building. And the towers sit back 70 feet from one street and 100 feet from the other street. The materials used were chosen so that they would be reflective and allow for dynamic street presence, rather than a blank wall. Again, taking into account the buildings around it. And the step - backs to the tower potion... portions of the building, as I just mentioned, were... were very significant. I mean we dropped down to I think something like 7,700 square feet, per floor plate on the towers, from a 22,000 square foot lot. All to ...to make this pedestrian -friendly and to give context to the area surrounding it, including Trinity Church. We've heard concerns voiced by several of the parishioners at Trinity Church over the last two and a half or three years. We've also been approached by a number of the parishioners at Trinity Church who are very supportive of this development, as Jim mentioned in his earlier comments tonight when he indicated that he had, uh, or attended church there. And we've heard concerns from others including those in the College Green area. I spent a great deal of time with Reverend Webb in the early ... in early 2013, talking about Chauncey, which specifically included many of the concerns that, uh, Trinity Church had. He specifically told me that they did not want student housing, they did not want the density of student housing on this lot. Um, and in response to Reverend Webb's request, I agreed to be available at any time, in any format, to address the congregation. I told him if he wanted to do it in a questions/answer situation that was fine with me. If he wanted me just to explain the project, whatever they felt comfortable with, but I was open to any format they wanted. In terms of the specific concerns, the height, which has been talked about by people tonight that really don't know the facts. They say that we were limited by This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 56 the FAA, to 15 stories. That ... that's not true. We applied for 15 stories because we had already compromised with the City during our negotiations. In direct response to the concerns that we've heard for the last two and a half years, we took 25% of the building out. It has made it almost financially impossible to build this building. That's one of the reasons the process has taken as long as it has is because we've struggled with that and we've come... we've... we can do it, but it's a much different project than the 20 -story building was. And it's much more difficult for us to accomplish this building, and it reduces the tax revenues to the City tremendously, because we're cutting out ... they are high-end unit, condo units, and it cuts out a tremendous amount of the tax base that would have been provided from a 20 -story building, and we did it as a compromise. There's nothing good for us as a developer that comes out of that. There's no financial benefit. It wasn't anything to do with the FAA. We agreed during the negotiation sessions to not apply for a 20 -story permit and I'm confident we would have received it. The other thing that we've heard about is the shadow. The shadow effect (mumbled) essentially the shadow effect on the (both talking) Hayek: I know you're... you're the applicant here, but I've gotta be pretty consistent. We can give more leeway to the ... to the developer and we've done it. If I could just get you to wrap up, please. So... Moen: Okay! So let me talk about the parking which has been cited most recently by speakers as really the issue. So I ... have monitored the Chauncey Swan parking ramp the last two Sundays. Last Sunday was graduation Sunday. There are 457 spots in that ramp. The maximum number of cars from level two on up, which is the College Street level, were 98 cars during the ... during all of the church services, and the maximum number of cars in the lower level were 28, which means ... there were 330 vacant spots in that ramp during the most heavily used time on Sunday. Hayek: (both talking) Moen: Thank you! Hayek: ...wrap up. Thank you for your comments. Dieterle: I'm Caroline Dieterle. Um, I'm a long-time opponent of TIFs. So, uh, my first objection is the use of TIF money for a project of this sort. Uh, a quick visit to the County Assessor or discussions with the Board of Supervisors... will, who incidentally construct their own budget amongst themselves, which is something the Council does not do, um, will tell you why TIFs are basically destructive to life in Johnson County. So I do not favor TIFs and I certainly don't favor them for something like this, which is certainly not, um, reclaiming a .... a blighted area, in any way! But the other thing is is that it seems to me that the schism between the rich and the poor is nowhere better, uh, shown than in retired people. Um, because you either have to be incredibly wealthy or really on the edge of poverty, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 57 uh, to be able to live in downtown Iowa City if you're a retired person. People of... of, uh, modest means, uh, simply can't. And I've lived here since 1968, paid my taxes regularly (clears throat) and, uh, there's no way that I could do that! And I'm sure there are a lot of other people who are in this same boat that I am, and so I found the letter in today's paper, uh, rather offensive, that said that it would attract people from outside to come and live in Iowa City as retired people. So basically my tax money and the, by way of the TIFs, is being used to subsidize people coming in here who haven't lived here before, who simply have a lot of money and can come down here and buy one of the more expensive places to live here. I don't think there's any fairness in that. The other thing is is that (clears throat) I would like to point out ... that when recruiting people to come (mumbled) to the University on ... not everybody is a, uh, highly -paid physician, um, and there are going to be very few professors left because the University is downsizing too in terms of its ex ... expectations for faculty, and more and more of the faculty are adjunct faculty who are basically living on the edge of poverty. So to build places where you think a lot of faculty are going to come and live, uh, is, uh, I think short-sighted. Thank you. Hayek: Thank you for your comments. (applause) Walters: I'm Jim Walters. I want to apologize for coming down tonight without cleaning up. I .... I, uh, two hours after this hearing began I was out still working till dark at, uh, Iowa City's only urban farm, Friendly Farm, um ... Iowa City is fortunate to have, uh, one remaining family farm within the city limits and I was working there tonight. I live six blocks east of this building, which means that this is my neighborhood. I consider, uh... the east side a very important and sacred place. My wife and I chose to live in this neighborhood, and moved to the east side 18 years ago, not just because we found a house that we liked, that we both liked, but because Iowa City had ... zoning and commitment to preserving its neighborhoods, and we trusted that commitment. Uh, now we are feeling that we are not willing to honor that commitment, and that bothers me a lot! I'm ... I'm big on the golden rule. Anybody who knows me well, knows that I'm big on the golden rule! Which is ... for, to repeat it if you don't know it, it's do unto others as you would have them do unto you. And I'm big on that. I ... you know, I come down here to talk about speeding on the east side, which I'm big on, uh, I ... I don't come to your neighborhoods. None of you live down here. Well, Jim lives in the north side. I don't come to your neighborhoods and speed and drive 45 miles an hour in a 25 mile an hour zone but some of you do that in my neighborhood and it bothers me. Um ... and it bothers me when you say you want to change the zoning in my neighborhood! So that you can build a 15 -story building. I'm ... can I change the neigh ... the zoning in your neighborhood? So that I can build a 15 -story building? Many years ago, we attended something called a `sharette,' uh, with the City sponsored, that uh.... in regard to the construction of the parking ramp across the street, and Nancy Sieberling, the late Nancy Sieberling, spoke eloquently against the construction of... of that parking ramp, and she walked people down and explained why the construction of that parking ramp would interfu with the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 58 viewscapes of the east side and... and destroy the symmetry of the neighborhood, and she was ignored! And I think Nancy who ... is going to be honored later this week, would be rolling in her grave! I think she'd be down here screaming at you ...about this project right now (laughs) I know she would! Uh... but ... um. ... my biggest objection ... is ... that government has always served the wealthy. Most of you are wealthy. Government has always served the wealthy. It... it comes with the territory, but in the last few decades, not only has government served the wealthy, it's pandered to the wealthy! You bend over backwards to ... to give things away, to ... to serve the interests of people who don't need your assistance. If this building that is proposed to be built a block from here stood on its own merits, why on earth would you be giving tax money to assist the construction of it? I mean, I agree with Caroline — this is preposterous! You know ... I'm not long for this world and most of you aren't either. But... if... if we could come to a point where we could agree that the role of government is not to serve the fucking rich. It's to take care of widows and orphans! (applause) Hayek: Thank you for your comments. Fisher: I think it's appropriate that a Coralvillian close out. Linda Fisher. Um, and supposedly I don't have a dog in this, or a horse in this race, but I do. And uh... ironically I care a lot about... Marc Moen. And I think that you could do him a bigger favor by denying the rezoning than you can by taking it to the... the... the direction that ... he seems to want. He explained it himself. He's given up this, and he's given up that, and given up more. And this is going to cost him ... a lot more than if you say `no' as it were, and let him build where I suggested that he build in the first place, which is south of Burlington Street. There he could go to the 18 stories or the 20 stories, no problems, and I have heard no one say they don't like what he does. It's just the location! The location, the location! That's it! Hayek: Thank you for your comments. Mildenstein: Hi! Uh actually Brian Mildenstein. I came here for other business but I've been here so long that I thought (laughter) maybe I'd come in and, uh, weigh in a little bit. Um ... I also live six blocks east of...of the building and, uh, personally I think it's great. Kind of was hoping maybe it would be built while my daughter could still get on the bowling team, but uh, maybe my son (laughter) um, honestly and there are lots being made about that. Uh ... personally I remember when there was a lot of debate about, um, whether or not we should change the rules for the bars, and there's a lot of, uh, courage that you guys had to show for that, and again, being in a downtown neighborhood in one of the historic neighborhoods, um, we were told that ... you know, all the parties are going to move into your neighborhood and um, that proved to not only not be true. That year was the quietest year in my neighborhood and it has remained quiet since then. Um... and I'm just hoping you guys have some ... have the courage to kind of stick with, uh, the decision and with the, um, proposal that was solicited and, uh... and help the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 59 City move forward. It's ... it's good for the whole community, and I think the point is really not that everyone can afford to live there. I'm probably not going to move six blocks west, um ... and nor ... will everyone else, but I think it's about the type of town and the direction that the town's going to go, and as much as, uh, my family's been here ... I think I'm fifth generation. So my kids are sixth generation Iowa City, um ... Matt's probably got me by a couple but ... (laughs) um, but we've been here ... been here a while and uh, I like this town a lot, and I live in an old house and I'm somewhat traditional in those ways, but ... um, we gotta show some progress too (mumbled) you know, um ... think this is ... this is going to be good for downtown. I hope you guys pass it. Thanks! Hayek: Thank you for your comments. Is there anyone else during the public hearing? Okay! Um, before ... we close the public hearing, here's how this works. I need to take the temperature of Council, and if a majority of the Council is inclined to support the rezoning, then we will ... um, entertain a motion to continue the public hearing and defer first consideration, uh, until the June 2nd meeting, uh, which will allow us to, uh, hold what's called a consultation with the Planning and Zoning Commission. Um, and we would do all of those things, uh, at the June 2"a meeting, but the ... whether we do that depends on whether there is a majority of Council that supports the rezoning. So where are people? (several talking) Mims: I tend to support it ... oh, go ahead! Dobyns: I will support it! Mims: I will as well. Dickens: So will I. Hayek: And I am supportive. Throgmorton: There's four. Hayek: Either of you? Okay. Nope? Okay, there appears to be four out of the six of us who support, uh, the rezoning, which means that we will entertain the motion I just mentioned. Mims: I'll move to continue the public hearing and delay first consideration until the June 2nd meeting. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion, and can we include with that a ... the assumption that we'll offer the P&Z consult on June 2na. I don't know if that needs to be part of the motion, but ... it doesn't? Okay. So moved... This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 60 Throgmorton: (mumbled) ...continuing the public hearing. Mims: Right. Hayek: Yeah, and deferring first consideration. Yep! Uh, discussion? Throgmorton: So, urn ... just ... just for clarification because people are in the audience. Will we have an informal discussion of any kind about our responses to the proposal? Or is that inappropriate (unable to hear person from audience) Oh, I'm sorry! I ... in, out of respect to people in the audience who have spoke, I was just wondering whether we will have any informal discussion about our responses to, uh... to the proposed rezoning, or whether we can't have that kind of response... given the motion to defer for another two weeks. Dilkes: I wouldn't say that you can't, but I would advise against it, until you get to the close of the pub ... public hearing. Hayek: Yeah. Does that answer your question, Jim? Throgmorton: Yeah. Hayek: Okay! Okay, so, uh, the motion's on the floor. Any further discussion? All those in favor say aye. Opposed say nay. Throgmorton: It... it might be helpful to be very clear with the audience about why we're not going to be talking about it. So... so that everybody really understands (both talking) Hayek: And -and I will be, Jim. I will be, Jim, but I need to know who's an ... who's an aye on the motion to continue the public hearing. Throgmorton: Oh, I thought we all said aye. Hayek: Did ... okay, so ... any nays? Botchway: Oh I thought, yeah, so ... aye. I apologize! I was misunderstanding. Hayek: Okay! Botchway: So aye! Hayek: I'm going to count seven ayes on the motion. (several talking) Or six! Yeah, that would be, uh (laughter and several talking) That'd be fuzzy math! (laughter) All right, the ayes have it. That was a 7, or 6-0 vote to, uh, to continue the public hearing, defer ... defer first consideration to the June 2nd meeting, and Eleanor, correct me if I'm wrong, but I want to explain that the Council has not ... advised This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 61 to discuss the many, many points that we heard this evening because the public hearing is still open. It will be reopened at the June 2nd hearing, um, and we really need to complete that process and, um ... people are certainly able and welcome to come back, uh, because we ... we do need to open it up at that point in time. We will complete the public hearing on June 2nd, and it will close on that date, and the Council will take its first vote, uh, on the rezoning. So (unable to hear person from audience) If you can come up, please. (female): I understand that the next step is for the Council to confer with Planning and Zoning. When and how will the public be made aware of the date and time of that conference? Hayek: So stay tuned, we're about to talk about the schedule going forward on this item. (female): Okay! Hayek: Okay, so 5c, uh, has been handled in that fashion, but um, apropos the comment we just got. We as a Council, with the help of staff, need to determine the schedule of this item going forward, and... as you know, fellow Councilors, in our packet is a memo from... staff dated May 14t', um... Mims: Page 235. Hayek: It's page 235 of our packet, at least on the ... iPad. (laughs) Uh, with three options for, uh... the ... the various steps going forward. Does staff want to explain, uh... basically the thinking on this? Dilkes: There are three options being given. Mims: Your microphone, Eleanor. Dilkes: Oh! There are three options being given, and I have to say Marian is really the architect of this, so I'll do my best. Um ... but we have now that we know, um, there was not going to be a vote at this meeting, we know how many meetings it would take in the event, um, there was not a `no' vote at the ... at the first consideration, and so that ... this schedule gives you three possible schedules for accomplishing that. Um ... and ... the first one is ... and ... and the other big issue we've got here is that, uh, Harvat Hall is going to be closed. Um, that's why your schedule is currently set such that, um, June 6 ... you don't meet between June 16th and ... and July 27th. Um ... so option A is ... just looking at your current calendar, how you would accomplish that. Okay? The dates you currently have scheduled. Um, and you'll see the, um, the ... the issues with option A at the bottom are ... is that the de ... the developer's out of town on June 16th and key staff are not available for the meeting on July 7th. Hayek: 27th (several talking) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 62 Dilkes: Or 27th! Um, oh I should also note that this... this... this schedule includes not only the rezoning, but all the other issues that have to be dealt with. The, um, the vacation of the alley, um, the authorization for the bonds, the development agreement, etc. Assuming it proceeds that far. Obviously at any point in time, if there's a `no' vote, then the process is over. Um ... option B ... is, um, a schedule that, um, would avoid those dates on which the developer is out of town and key staff are not available, and the downside to that is that the approval would be extended, uh, three months. Um ... option C is the option that would condense the schedule, um, to complete it on June 8th to avoid those issues, as well as to complete it before the, um, Council Chambers are unavailable. Mims: My preference would be to go to ... with schedule C, and ... I think ... I think we need to avoid schedule A simply because I think if we've got key staff missing, I ... that's really, really critical to me if...if key staff are not available to be here. I think the community is ... absolutely entirely engaged and ... on top of this, whether they were for it or against it. Everybody is engaged at this point in time, and I think to move forward while people are paying attention and can give their input to the Council is very important. I think to stretch it out and... go from June 2nd to August 18th, which is ... and then to September Is, which is ... I think you lose traction for the public to be paying attention to what's going on and when the meetings are scheduled. Again, whether people are for it or against it, I think it's harder for them to keep track of the schedule and vacations and, you know, the la ... the latter part of the summer. Um ... so my preference would be to go with C, um ... like I say, people are engaged. They're on top of it, whether they're for it or against it, either ... and regardless of what we select, the schedule will be very, very public. Everybody will know when we're meeting, but I think it's easier for people when you've got a shorter time frame out there so they ... they're not forgetting about things and people are gone on vacation in the middle of the summer. Dobyns: I would also, uh, recommend option C to Council. Um, one thing I know about Iowa City, if you want to decrease transparency, if you want to obscure an issue, you move it into the summer. Um, when people aren't around. Um, I think in this case, um, condensing it to make it when we are engaged and um, when everybody is in town is, uh, consistent with optimal transparency, so I would recommend C. Dickens: I only have one problem with C is that I'm going to be gone that week, but I will be able to phone in. So it ... I would have to do it over the phone, which I'm willing to do. Mims: Which meeting is that? Dickens: I'm gone the week of...like May 30th through June 6th or 7th. So ... it is a little difficult, but I can do it by phone. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 63 Hayek: I ... I think the thing that compels me on ... toward option C, I ... I think we're, it's risky to hold meetings on an issue of this, uh, level of interest within the community in the dog days of July and into August. So ... I think you mentioned that, Rick. Throgmorton: I ... I'm concerned that the, urn ... option C bit probably doesn't make much sense to people out in the audience. Unless they've already seen, uh, the schedule, and have a sense of what steps would take place and precisely when under option C. That concerns me. Um, on the other hand, I ... I don't see a whole lot of merit in dragging the process out, given the fact that four people have already indicated they will support the rezoning. So ... I ... I don't want to be an obstacle for this. There are a couple things that I do think are really important. One is, first to, um, be as public as possible about what the schedule for option C really consists of. Uh, secondly, uh, one of the key steps that I guess would take place on June 8, if I read that schedule right, is a consideration of a developer's agreement. That is, the agreement that involves a $12.1 million TIF. And if there's one issue that's really been divisive, about this project, it's that component of it and, uh, so I don't want to elaborate. I ... I don't want to get on a soapbox here. So I think, yeah, here's what I just want to make sure we do. I don't ... I want to make sure we don't schedule a meeting on June 86' at, I don't know, 7:00 A.M. or 9:00 A.M. We've done that kind of thing before. So I think it's really crucial to schedule it at a time when people in this audience, right now, or people who are watching or have spoken, can be here. If, you know, if it's important that key staff be present and if it's important for the developer to be present, it is also important for the people to be present. Mims: Oh definitely! Throgmorton: Yeah. Hayek: Absolutely, and... and... and... the memo in our packet, and it's hard if you're watching or listening to this to follow, but ... but it was ... it was placed in there by staff, at the direction of Council, at our last meeting, so that in the event we were at this point of...of continuing the public hearing and ... and taking up, uh, first consideration, that we know the various steps that, uh, are in front of us, um, assuming it...it goes forward. You've got ... you've got the public hearing. You've got three readings, and you've got ancillary things that go along with the ... with a rezoning like this, and Jim, to your point, uh, a development agreement at the end if it gets that far, and those are listed out with a lot of specificity in here, um, and I think if we, um, select one of the options, I think we would want staff to ensure that there be plenty of notice to the public, whether through press releases or otherwise, uh, on the web site, etc., so that it...it is perfectly clear, uh, when the points of engagement are for the community, on... on this issue, and I think that can be done. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 64 Dilkes: I would just point out ... in respect to the question that was ans... asked earlier by a member of the audience, um, that the schedule provides for P&Z considering the request to consult, um, at their meeting ... on May 21St. So ... on Thursday... this week. Hayek: Yep! Dobyns: My understanding, Eleanor, is that at Planning and Zoning when they considered this, um, it was 6, uh, present, it was 3-3 so therefore it tied and therefore they did not move it forward. So that fails, um, the motion then fails. My sense is that since, um, we appear to be discrepant with what Planning and Zoning, that's what causes the meeting to occur with Planning and Zoning on that Tuesday, June 2nd Dilkes: We'll ... but the, what happens is that you offer, when that appears to be the case, as it is here... Dobyns: Uh huh. Dilkes: ...you offer to consult with P&Z. They may decline that (both talking) consult, or they may chose to have that consult. They will talk about that at their meeting on May 21St and they will, if...if they accept that consult, that will be held, um, at the work session, urn ... on the June 2nd meeting. Dobyns: And just to clarify with my awareness of that is that Council listens to Planning and Zoning. We may ask questions of clarification, but still the public, you know, session is open and so if people are coming to listen to our rationale for our votes, I don't think that's the meeting that they ... that necessarily happens. Is that true or not? Dilkes: It certainly is a public meeting and anybody can come to that discussion, that consultation. Dobyns: But if people want ... I (mumbled) in the, for transparency, I mean if...you know, people have spent a lot of time tonight. If they want to come to hear why the six of us have voted the way we did, that might nec ... necessarily be the most relevant meeting, um (several talking) Mims: ...formal meeting that same night. Dilkes: I would say... Dobyns: ...but later that night. I'm just saying it's the difference between 5:00 and 7:00. Mims: Right! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 65 Dobyns: Um ... and I just don't want people to show up at 5:00 and not understanding what we're doing. Mims: I would just have one other ... ask staff one other point of clarification. Marian had asked us to put Tuesday, June 90' down as a tentative meeting. This schedule is showing Monday, June Wh. Dilkes: I can't speak to that. Mims: Okay. I just... Markus: Julie, do you recall? What that conversation was? Voparil: I checked Marian's preliminary calendar and she didn't have anything marked down for June 90i, but I can certainly (both talking) Hayek: ...I think this was quite a (several talking) I think this was months ago when we... she just said as a placeholder keep that meeting... Dilkes: We ... we've looked, I mean, we have spent hours trying to get this calendar put in place (laughs) and so I'm fairly certain that June 8"' is the correct date. Dobyns: I think it was a Monday. When we get into June it goes back to Monday for a while. Mims: Did it? Okay! Okay, just wanted (both talking) just wanted to make sure! Yep. Thank you! Hayek: Okay. Botchway: I have one more ... kind of clarification question. I mean I would be supportive of option C as well. My only question is is that since I wasn't on the Council at the time, that the ... the development or the RFP was going in process, when would be the time to weigh in or talk about, um, particular details or points to the agreement? Hayek: Well if you ... I guess I would say if you have questions about those... probably ask that in the public hearing. Botchway: Okay. Hayek: When it's ... when it's reopened. Botchway: Okay! Hayek: Um... This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 66 Mims: Or contact staff ahead of time. Hayek: Or contact staff ahead of time (several talking) If you want comments on them, if they sway you one way or the other, you know (both talking) Markus: ...copy of the agreement too. Hayek: Yeah! Botchway: Okay! Hayek: I would encourage you to reach out to staff and get ... get that ... before we reconvene, uh, in ... on June 2"d. So... Throgmorton: So I ... I want to bring up one more thing. Um, I ... not in the spirit of changing what we were agreeing upon here, but I ... I do ... I would like to know which key staff cannot be present on whatever the date was — June 16th or ... I don't know what the date was. Hayek: July 27th Throgmorton: July 27th. Dilkes: July 27th Markus: I for one. Dilkes: I think it ... Tom was the primary (both talking) Throgmorton: Is there anybody else (several talking) Markus: I'm not sure. Throgmorton: Okay. Hayek: Okay, is there a consensus to go with option C? In terms of the timing? Okay! So we will get this information out to the public, uh, so it's very clear what the junctures are and the meeting times and so on and so forth. So ... are we able to, uh, move on or do you need another quick break before we reconvene? Throgmorton: Me? Hayek: (several talking and laughing) I keep (laughs) Voparil: Can we have a motion to accept correspondence? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 67 Mims: So moved. Botchway: Second. Hayek: Moved by, uh, Mims, seconded by Botchway. Discussion? All those in favor say aye. Passes ... 6-0. Should we take a break? (several talking) Keep going? (several talking) All right! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Mims: Dickens: Hayek: Page 68 ITEM 5d BLOCK 43 ALLEY [CHAUNCEY] — MOTION SETTING A PUBLIC HEARING FOR JUNE 2 ON VACATING THE WESTERN 160 FEET OF THE 20 -FOOT WIDE ALLEY RIGHT OF WAY IN BLOCK 43, CITY OF IOWA CITY (VAC15-00001) So moved. Second. Moved by Mims, seconded by Dickens. Discussion? Throgmorton: Yeah, I ... I want to ask a question about this. Um, you know, we've gotten a lot of information pertaining to the development. I don't remember seeing before ... kind of hard to hear, right? (several talking) I don't remember seeing before that the alley, or at least part of the alley, would have to be vacated. So to ... to my way of looking at things, is news. Dilkes: It's included in the RFP. Mims: Yeah. Throgmorton: Anywhere else? Cause you know I don't think we ever saw the RFP before it went out. Way back when in 2012. Dilkes: Well I think it's... Mims: I remember it being (both talking) Dilkes: I don't know (both talking) Mims: I remember it being discussed with a presentation of the proposals and... and how that played into it, cause we talked about ... we talked about Mid American. We talked about the alley and then we talked about the property itself. So I mean, I ... I recall it. Throgmorton: Okay, so ... all right. There... there's a lot of information (both talking) Mims: ...and it's been over a long period of time, as well (several talking) Hayek: ...look at this and make a recommendation at its upcoming meeting. So we'll have that vetting process, as well. Throgmorton: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 69 Hayek: This just sets the public hearing. Further discussion? All those in favor say aye. Opposed say nay. Motion carries 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 70 ITEM 5e PLEIADES FIRST ADDITION — RESOLUTION APPROVING A PRELIMINARY PLAT. (SUB15-00004) Mims: So moved. Botchway: Second. Hayek: Moved by Mims, seconded by Botchway. Discussion? Mr. Yapp! Yapp: Uh, this is a, uh, two -lot subdivision at the corner of North Dodge Street and Dubuque Road. Uh, you considered the rezoning of lot 1 of this subdivision at your last meeting where the medical clinic, uh, is proposed. This is the preliminary plat, uh, accompanying that rezoning. Uh, the property would be divided into two lots, with lot 1 being the mixed use zone for the medical clinic. Uh, lot 2, uh, is zoned RS -5 single-family residential. Uh, there are, uh, steep and critical slopes on the east side of lot 2, or the back of lot 2, uh, that ... uh, may not be developed per the sensitive areas ordinance. Uh, the line where my mouse is highlighting here is the construction limits line. Uh, east of that line, and this area is occupied by woodlands. East of that line will not be permitted to be, uh, disturbed. Also per the sensitive areas ordinance the total area of, uh, woodland, uh, to be preserved is 58,000 square feet, or a little bit more than an acre, uh, of woodland. Uh, it is a ... it was important in discussing this with the applicant that a contiguous area of woodland be preserved, as opposed to splitting it up into smaller, uh, pieces of...of wooded area. Uh, Planning and Zoning Commission recommended approval. The staff recommends approval. Hayek: Any questions for John? Anyone from the audience? Council discussion? Dickens: I have to recuse myself. I live within 200 feet. Hayek: Further discussion? Roll call, please. Uh, passes 5-0, Dickens recusing. Payne absent, which I'm not going to repeat for every vote going forward, cause you see the empty seat! (laughs) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 71 ITEM 7. CONCESSIONS AT TRUEBLOOD RECREATIONAL AREA - APPROVING A CONCESSION AGREEMENT WITH FIN & FEATHER H2O LLC FOR THE PROVISION OF RECREATIONAL RENTAL EQUIPMENT AND FOOD SERVICES AT TERRY TRUEBLOOD RECREATION AREA a. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) This will renew the agreement through August 3 I st, 2017 on the same terms, uh, that we currently, uh, are under with Fin and Feather. Anyone from the audience? Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Botchway: Move the resolution. Mims: Second. Hayek: Moved by Botchway, seconded by Mims. Discussion? Dickens: They do a great job. I've taken my grandkids down there and ... (mumbled) so I ... I think it's a great addition to our parks. (several talking) Hayek: It's a very good partnership and it works really well in that location. Further discussion? Roll call, please. Passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 72 ITEM 8. COUNCIL COMPENSATION - ORDINANCE AMENDING CITY CODE TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 5, ENTITLED "MAYOR AND CITY COUNCIL," TO CHANGE THE REVIEW PROCESS FOR CITY COUNCIL MEMBERS AND THE MAYOR. (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Anyone from the audience? Council? Dobyns: This is just being, uh, put forward. There's been some recommendations, uh, from the public that, um, perhaps compensation of Council should be more than it is. Um, that's what this is about. The recommendation from staff is that we, um, basically keep it consistent with the general increase, um ... you know, and the economy by measured as the consumer... what the consumer price index in perpetuity. So we don't, you know, necessarily have to look at this again, but it'll... it will keep pace. Hayek: Yeah, it's a ... it's a CPI increase. Right as I go off Council! (laughter) But this comes ... I think it's important to note that this comes, this was one of the Charter Review Commission's recomm ... recommendations to Council. Dickens: (mumbled) Throgmorton: When you come back, Matt! Hayek: I'm not pulling a Throgmorton! (laughter) Further discussion? Roll call, please. Passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 73 ITEM 9. ELIMINATION DEFAULT JAIL TIME - ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," AND TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," TO ELIMINATE THE DEFAULT PENALTY OF JAIL TIME FOR UNSCHEDULED SIMPLE MISDEMEANORS AND ESTABLISH THE PENALTY FOR INDECENT EXPOSURE. (SECOND CONSIDERATION) Hayek: This is second consideration, but staff has requested expedited action. Mims: I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Throgmorton: Second. Hayek: Motion to collapse from Mims, seconded by Throgrnorton. Discussion? Anyone from the audience? Council discussion? Roll call, please. Mims: Move that the ordinance be finally adopted at this time. Dobyns: Second. Hayek: Pass and adopt moved by Mims, seconded by Dobyns. Discussion? Roll call, please. Passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 74 ITEM 13. CITY COUNCIL INFORMATION Hayek: Why don't we start down with you, Kingsley? Botchway: Um ... I think I'm saying it right — entreFest is, uh, starting I think tomorrow through Saturday. Um, just (several talking) through Friday? Through Friday. Unfortunately I found out, uh, through my email that tickets are sold out, so I might not be participating as I wanted to, but um, just something to support. I think it's a ... it's a great kind of festival and event, and um ... and just something to do. Markus: Contact Simon and we'll see if we can't get you into a particular event if you want to go. Botchway: Simon? All right! Throgmorton: Uh, it's late. Nothing. Mims: Nothing! Dickens: Real quick, uh, Towncrest Pharmacy will be receiving the Roots Award for 50 years in business tomorrow at 10:30. They're on, uh, Muscatine. Hayek: Uh, briefly, a congrats to the City and West soccer teams. There's a big cross- town rivalry and uh, the City High boys prevailed and the West High girls prevailed, and uh... it's a great rivalry, but also congratulations to Jerry Argenbright on 31 years of strong, strong leadership at West High. Um, he's done, uh, great things for that school and for the community. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 75 ITEM 14. REPORT ON ITEMS FROM CITY STAFF a) City Manager Markus: Uh, we have our second, uh, International Fellow in the audience this evening, Jennifer Yee, and I like to say this — she's from the Kingdom of Brunei and I'd ask like Aria that she just come up and tell us just a little bit about herself considering the hour. If she sounds like she has a little bit of Fargo accent, she actually spent a year at Bemidji State Minnesota. Dickens: Maybe about a ride with the police! Yee: Aw! (laughter and several talking) Yeah! Um, good evening, everybody. Um, it's been a long night (laughs) not going to talk too much! But thank you so much for inviting us here and um, you know, for being so welcoming, uh, to both myself and Aria. Um, my name is Genevieve. Uh, you can call me Gen for short. I am from Brunei. Uh, Brunei is a small, uh, country on the island of Borneo that borders with, um, Indonesia and Malaysia. We are about a population of 400,000 people. Um. ... um, with a, uh, the population is mainly Malay Muslim. Um, with about ... 60% of the population, and the rest would be, um, Chinese and, um, other indigenous folk. Um, I think as you already know with Aria we are here on a (laughs) this, uh, professional Fellows Program with the U.S. State Department. So, um ... you know, Tom, thank you so much. Mayor Hayek for your welcome, um, to..to us here, and of course for Tom and Simon at the City Manager's office for putting us up. Uh, they have been really very good to us (laughs) Uh, we have been seeing a lot of the city, uh, we have toured the University... um, seen the Kinnick Stadium, you know, um, got all the really... we did a police ride -along recently last week and we're really enjoying ourselves immensely, so thank you so much! Hayek: It's great to have you! We have a lot of ties out... throughout the globe here in Iowa City, um, and it's fun to bring new people in and I hope you, uh, learn from us and I hope we can learn from you. Yee: Yes, thank you so much! Throgmorton: Welcome, Gen! Yee: All right, thank you! Hayek: Thank you so much. Markus: So they went to their first baseball game this last weekend and we're going to get `em out to a farm actually next week, so ... we're trying to get `em into the Iowa Culture real quick! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015. Page 76 Hayek: And, Tom, thanks to you and Debbie for hosting them, I mean, you're (both talking) Markus: We're happy to! Hayek: ...what would, you know, be just a perfectly nice day with ... with your average host family, a remarkable stay because you're taking them to all these places. Markus: Simon's been really helpful. Hayek: I know! Markus: Coordinating all of this! Hayek: Should have had `em throw out the first pitch at the Kernel's game! (laughter) Markus: We got there a little late! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of May 19, 2015.