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HomeMy WebLinkAbout2015-06-16 TranscriptionPage 1 ITEM 2. PROCLAMATIONS ITEM 2a Juneteenth National Freedom Day — June 19 Hayek: Do we have any to read this evening, Marian? The first proclamation is for, uh, Juneteenth National Freedom Day and it reads as follows. (reads proclamation) Karr: Here to accept the proclamation is Human Rights Commissioner Joe Coulter. (applause) Coulter: I want to thank, uh, Mayor Hayek and the Council, uh, and the community for the ... this important celebration. Uh, I came here, uh, to Iowa City 30 years ago from Galveston, Texas, and this was the most important holiday in Galveston. The 150a' anniversary and I want to invite all of the community to come to the Robert A. Lee Convention Center... or Recreation Center, uh, for the festivities on the 27a`. Uh, there'll be historical things, food, music, uh... and, uh, celebrating on the theme of understanding the struggle, uh, the journey continues. Again, thank you very much. Hayek: Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 2 ITEM 2. PROCLAMATIONS ITEM 2b Americans With Disabilities Act Awareness Day — June 25 Hayek: Our second proclamation is for, uh, ADA. Reads as follows. (reads proclamation) Karr: Here to accept the proclamation is Joy Beadleston from Access 2 Independence. (applause) Beadleston: Um, on behalf of the ADA committee and all the community I want to thank the City of Iowa City. Um, they gave us a grant and approved it, and ... I think we're going to have one of the best celebrations ever ... this year, thanks, um, for that! We're bringing in Tara Fall. Um, she's a woman that is very resilient and has written a book and she's... completely inspiring (laughs) and so, um ... we're gonna have great speakers... from the community and people from the community that are fighting for their civil rights, and I want to thank the community and the City Council for doing things like having curb cuts (laughs) and other things to make it more accessible for our community to be active and healthy, and still... resilient with a disability. So thank you. Hayek: Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 3 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Botchway: So moved. Mims: Second. Hayek: Moved by Botchway, seconded by Mims. Discussion? I would note that the, um, there's a developer's agreement, uh, regarding the Court/Linn, uh, redevelopment site that is ... and tonight we're setting the public hearing for that, um, in, uh, on July 27`x'. Is there any discussion on the ... Consent Calendar? Yes! Eastham: Uh, Mr. Mayor and Council, um, my name is Charlie Eastham. I'm here on behalf of the Center for Worker Justice, uh, in regard to item 3d(2), which is a resolution from Iowa City supporting the community I.D. program that the, uh, Johnson County Board of Supervisors has, uh... uh, approved and is pla... uh, should be ready for issuing I.D. cards by mid-July. Uh, as you know the councils of Swisher, North Liberty, and Coralville have all adopted similar resolutions and we are very appreciative of the, uh, your consideration of this resolution, and the work on the part of the staff in putting it together. We're hoping for a positive outcome, and (laughs) like to thank you very much! Hayek: Thank you, Charlie! Any other community input on the ... Consent Calendar? 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 June 16, 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 public to address the City Council on items that are not on the agenda. So if there is something that is not on this evening's agenda that you would like to bring to our attention we invite you to come forward, and our standard protocol's... is that we ask that you sign in, verbally give us your name, and keep your comments to five minutes or less. Gravitt: My name's Mary Gravitt, and I live in the Towncrest section of Iowa City, and I'm here about some bus shelters for Towncrest, and for the southside, and for the Sycamore Mall. Urn ... uh, there's a ... HyVee on First Avenue and we have no bus shelters there. There's a gas station across the street. There could be a bus, uh, shelter there, and one on the same side as the HyVee, on the Muscatine side, not the First Avenue side! Now this is very important because the buses come regularly, but they don't keep a schedule. So for me, I go and shop up at Walmart when the HyVee is around the corner from me because I never know when the bus is going to stop. I never know about the weather. You can wait inside the, uh, the Walmart or even if...when I shop Aldi's, the City was good enough to give us a bus shelter, but never let me knew ... know why we have a half bench. We have a half bench, so the wheelchairs can get in, so that .... Miss Beadleston's organization that'll help with her organization, even though you did have the date wrong for the... celebration they're gonna have. Now I live at Wayne and Arthur. That's the main stop. There's no protection from the weather, and there's an old tree. That tree must be 300 years old. When it gets ready, it just drops a branch. It drops a branch on the roofs, on the sidewalk, and if you're standing under it, it'll drop a branch on there, and before when I had requested bus shelters, it was that the bus shelter was too expensive. They were to $10,000 to $15,000 each, but we're citizens and we need protection! And we can have that out of our block grant money! The southside and Towncrest cannot be neglected as it is, if it wasn't for the fact that our bus ... our block grant money was missing every year. I'm gonna show it for the last 20 years. We haven't got our sh... our share of the block grant money! So we need at least three bus shelters ... in Towncrest, two on First Avenue, one on Wayne Avenue and Arthur Street. We need that desperately because of the weather. Now I was told last time that businesses shouldn't have to supply bus shelters, and how they're... they're so expensive, but I don't understand, how can Mr. Moen get $50 million and we can't get like $40 .... or maybe $50,000 for bus shelters, something that's needed for the people ... and the people are the ones that pay the taxes, and we are entitled, I am sure, to some protection for our bus shelters. Like I said, give it to us out of our block grant money! Because it's owed to us. Thank you! Hayek: Thank you for your comments. Anyone else during community comment? Okay, we will move on to Item 5, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 5 ITEM 5. PLANNING AND ZONING MATTERS ITEM 5a REZONING AT MILLER AVENUE SOUTH OF BENTON — CONDITIONALLY REZONING 7.8 ACRES OF LAND LOCATED ON THE WEST SIDE OF MILLER AVENUE SOUTH OF BENTON STREET FROM MEDIUM DENSITY SINGLE FAMILY (RS -8) TO PLANNED DEVELOPMENT OVERLAY/MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL(OPD-8) ZONE (REZ13-00010). 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Is there any, uh, ex parte communication to disclose? Mr. Yapp! Yapp: Uh, John Yapp, Development Services. Uh, this is the location of the, uh, proposed project on the west side of Miller Avenue. Uh, this project has some history, uh, which was referenced in your, uh, Council materials. The previous proposal, uh, for this project ... if I can get my mouse ... uh, included a proposed access point to Benton Street, uh, and, uh, conversion of part of the, uh, Benton Hill Park property, uh, for the project. Uh, that proposal was recommended for denial ... by the Planning and Zoning Commission. Uh, the applicant, uh, went back and redesigned their project, uh, to ... not affect Benton Hill Park and to include the sole access to, uh, Miller Avenue. Uh, the new plan, which was recommended for approval by staff and by the Planning and Zoning Commission, uh, consists of 33 units. Uh, 14 of those units are in duplex structures; 12 units in four-plex structures; and one unit in a, uh, larger common house, which will serve the residents, uh, of the property. Uh, the plan includes a sidewalk along Miller Avenue and along Benton Hill Park to connect to the Benton Street, uh, sidewalk system. Uh, the plan is a sensitive areas development, uh, plan. Uh, the previous plan had proposed, uh, disturbance of more of the slopes on the property. Uh, the new plan disturbs less of the slopes, but does preserve, uh, about 100% of the woodland on the property. Uh, per the sensitive areas ordinance, the applicant, uh, is, uh... will be, uh, planting replacement trees. Uh, the City Forester, uh, did review the woodland on the property and ... and found it consists of largely undesirable species, uh, including ash tree and walnut tree. Uh, regarding storm water management, uh, storm water is proposed at the south side of the property. Uh, prior to final approval of a design plan, should this, uh, rezoning pass, uh, we've recommended that the final storm water design, uh, be reviewed by the City Engineer, but conceptually, uh, the storm water management, uh, is appropriate for the property. Uh, regarding the ... oh, this is a view into the site. Uh, showing the existing character of the site. Regarding the proposed structures, uh, they include metal roofs and cement board siding. Uh, durable, uh, exterior materials. Uh, many of the structures and the applicant will, uh, touch on this as well, many of the structures are less than 1,000 square feet in size, uh, which, uh, several months ago the City Council had some discussion of...of ways to encourage smaller, more affordable structures. Uh, this is a project that does that. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 6 Uh, through a planned development. The proposed street into the development, uh, is proposed as a private street. Uh, at 20 -feet wide, which is the minimum width for a fire lane access. Uh, the garages on the property, which my mouse is highlighting a few of the garage structures now will be separate, uh, from the homes. Uh, which again ... makes the development a little bit more affordable. Uh, the applicant, uh, does wish to speak to Council and has a few more, uh, Power Point slides to show, uh... as well as there's a description of the cohousing concept, uh, but before that, are there any questions for me? Mims: John, would the sidewalk that's going to be added, um, going north along Miller Avenue that's adjacent to the park, is that then going to be the City's responsibility for snow removal on that or... Yapp: Uh, adjacent to the park property it would be. Mims: It will be, and is there ... is there sidewalk on ... the south side of Benton Street, adjacent to the park? I can't recall (both talking) Yapp: Not adjacent to the park. Mims: Okay, it's just on the north side (both talking) Yapp: But there is to the east. On Benton Street to the east there is sidewalk on the south side of Benton. Mims: Okay. Yapp: And there's a bus stop at the corner of, uh, Benton and Miller. Mims: But the City is doing all the snow removal on the trail on Highway 1. Yapp: That is correct. Mims: Okay. So this is not too far away from ... where we already have to go then. Yapp: That is correct. Mims: Okay. Thank you! Payne: What about, uh... if a fire truck had to access their 20 -foot ... where would they turn around at the other (both talking) Yapp: Uh, there is a turnaround. It's a hammerhead turnaround at the north end of the private drive. Payne: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 7 Hayek: Thanks, John! Yapp: Thank you. Hayek: So if the applicant would like to address us, that'd be great! Bailey: My name is Barb Bailey and I've been involved in the cohousing project since its inception. Um, I'm on a ... on the board of managers, so I ... am one of the people who make the daily decisions and I'm a life-long resident of the Iowa City area. Tucker: And I'm Annie Tucker, and I'm on the board of managers as well, and have been involved since we started talking about it. And what we ... we're excited to be building the first cohousing community in Iowa. That's Prairie Hill. If you look up here, if you were standing at Culver's on Highway 1, this is the hillside that you see and it goes all the way down to ... a plat that comes down from Benton Street, and then it goes all the way down on the right to Miller Avenue. Just to give you an idea of where it is. And every picture that you're going to see up here is our land, unless we tell you that it's another cohousing community, and so what we want to do is briefly give you some ... this is going to be brief, but we want to give you some background on cohousing and ... and also some details on what our community's going to be like, what our neighborhood will be like. We have 7.8 acres of land that's a half a mile from downtown Iowa City. Amazing, right? Actually! So, um ... so I just ... so, and we'll show you more information later. So ... cohousing, the thing that distinguishes cohousing is that it's a neighborhood developed by the people who are going to live there. Lovely! Good! And, um, so as Barb said, we're making the decisions daily right now and we base them on some common values that we have, that she'll talk about later. Cohousing started in Denmark in the 60s and now there are cohousing communities all around the world. There are at least 150 in the United States, and at least 150 in process of development in the United States. So, it's happening! Um ... good! So, click ... so the thing that distinguishes ... another thing that distinguishes cohousing is the way the land is organized. It doesn't look like your usual development. The homes are clustered together, facing each other on pedestrian walkways. They have ... often have porches so you're... you're on your porch, you're seeing somebody walk not too far from you. It's not like you're across the street neighbor in your neighborhood. It's closer intentionally. The parking is usually on the periphery and ... the important thing about clustering the homes is that it means that we have more common green space to use in the ways we choose. So that's why it's designed that way. We wanted to show you some of the cohousing communities around the country. This is in Shoreline, Washington. You can see the walkways and the cars are someplace else and people are facing each other. Great! Good, this is in Golden, Colorado. You can see that everyone is different. But there's that commonality. Here we are in Stillwater, Oklahoma. This one is a senior cohousing. That's one version, but ours is going to be multi -generational and Barb'll talk more about that. And this is in Nevada City, California. So now This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 8 what we want to do is show you more about how the space is organized... in cohousing communities. You can see that ... wait, I can even point it out. You can see that the houses are clustered. That ... and that there's a ... there's a common house, a larger building, usually it's either surround... the, surrounded by the units or at the gateway. Here it's at the gateway, and this is in North Hampton, Massachusetts. Next one, this is in Lawrence, Kansas, and you can see the parking. You enter, here's the parking, here's the common house, and the units... surround it. And the point for the common house location is you want it to be someplace where people have to go, are going to be going daily. Our mailboxes are going to be there. We'll have laundry facilities for people who want to use them. We'll have different events. Barb'll talk more about that, but that's... that's what's been found to be the bedrock of a ... a successful cohousing community is to have a common house that people actually have to go to and end up being in. So here we are in Stillwater again. The parking and garages is here, common house is here, and then here are the different units. Looks like townhomes. Okay, and now in ... in Washington state ... we've got the common house here, we've got cluster of the different... housing units. Here we go another bigger cluster. Parking here. So, we're just letting you see the common patterns for using space, and that's why we're here, because we've got a planned overlay development that we're requesting. Right? Or that we've got... so... in Bellingham, again, here's the parking, here's the common house, and then here are the units, kind of clustered together and around the common house with more parking there. (mumbled) So... Bailey: So I'm going to tell you a little bit about us. Um, more than six years ago a group of us started getting together over potluck meals and originally the idea was to ... to think about alternatives to nursing homes. Uh, we were all older and we all wanted to, uh, to ... to think about what was going to happen in the next phase of our lives. Um, as we talked more it became clear that really the image of a nursing home was not what we were after. Uh, we wanted something more vibrant. We wanted ... we wanted more than just elderly people around us. Um, we wanted activity. Uh, we wanted to be in a place where we knew each other, we could help each other out, where there was some reciprocity. Um, we stumbled on the Cohousing uhes... U.S. web site and realized that that model was a whole lot like what we were envisioning ourselves. That launched us on the path that brings us here tonight. Um, and here you see some of us on the land, uh, do ... on a cleanup day! Um ... so that's... that's a few of us, and you can see that we're not all old anymore. Young people have joined us! We like that. (laughter) Um, so ... as you're aware of this is actually our second proposal for this piece of land. Um, the first proposal was to put the ... the, uh, development up on the upper level and I'm going to show you a ... I think ... you already saw it, but I'm going to show you how there's two different levels on this site. Um, we ... we planned to put it up there because there're beautiful expansive views from that upper site, but to do that we needed the access through the Benton Hill Park and ...and, uh, there was some opposition to that. At the same time, it became apparent to us that to take advantage of those views was going to be a very This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 9 expensive proposition. Um, the... the... the long driveway that was necessary was expensive, and the amount of...fill that we had to bring in was really costly. Um, that caused us to kind of reevaluate. We decided to move it down the hill onto the ... the lower level, near, uh, Miller Avenue, eliminating the need for the long driveway and the costly fill. And even though we won't have those long views from our windows, um, our new plan meets our needs, and we think it meets the needs of the neighborhood and the City, as well. Um, while our plan has changed our values have not. The values that drive the plan, um, are to be multi- generational and diverse. Is this the right slide? (both talking off mic) Um... we want social and economic diversity. We want a balance of community and privacy. Uh, we're planning green buildings with small carbon footprints. Sustainability is a big value. Uh, shared resources, which is just ... it's a value that's common to most cohousing communities, and an emphasis on al ... on alternative transportation. Uh, we've designed our site to promote community. And to respect privacy. Uh, we will build small energy-efficient homes and will incorporate sustainable practices to the extent that we can. Um, including the building of homes, uh, resource sharing, use of alternative transportation, and wise land stewardship. Um, we selected this site in large part to support these values. We wanted a site that would allow us to walk and bike downtown, and to nearby places, other nearby places. We wanted a site on a bus line. Uh, and we wanted a space with adeq ... adequate room for about 30 homes. Um, this parcel has all of that, and as well it has ample space for gardens, orchards, children's play areas, and green space on top of the hill. There's about 3.75 acres on top of the hill that ... that will be undeveloped. This is the, uh, you saw a ... another slide that was a similar, uh... similar to this one. This is an aerial view, and you can kind of see in the shaded areas, that's where there are trees. The shaded area down the middle is, uh... uh, very steep. So there's kind of a flat area up above and a flat area down below, and we we're planning to ... to be is on this ... flat area down here. So this is the site plan, kinda zoomed in. Um, this design is a product of many hours of work, both on the part of our engineering professionals and our members. Uh, we balanced many factors in the design process, including the de - emphasis on cars, while recognizing the need for accessibility now and in the future as we age in place. Um, we also had to work within the constraints of the topography, which was not an easy thing to do. Um, and we had the desire to minimize the impervious surface. Uh, the placement of the dwellings is deliberate, in ... in kind of neighborhoods, uh, so there's like a neighborhood situation here and here, and here as well. Um, and this is .... so that there are cohesive groups. Um, the common house is placed centrally. You can see it... it's in the green up there. Um ... against prevailing practice in many cohousing communities, we decided to provide vehicular access to the common house, and this is in part to increase accessibility. There are actually three apartments on the top floor of the common house. Uh, it's ... it's a walkout, and I'll show you a slide of it, so you actually can walk into the common house on the top floor from the northwest and into the common house on the bottom floor from the southeast. So, uh, there's handicap parking there, um ... and we also ... we're thinking about the fact that we'd like this place to be a place where the large community can gather. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 10 Where meetings can be held, community groups can have meetings, um, the neighborhood could have meetings, um... Hayek: Sol...I need to interrupt. I ... I have to be consistent and you guys are, in terms of time limits, we ... if you could try to finish up your comments that would be great (both talking) Bailey: Okay, yep! Hayek: This is very helpful, but ... I do need to be consistent! Bailey: Oh, okay! So we have five minutes? Hayek: Well, and I'm ... giving you 10, and you're over that. Bailey: Okay. Hayek: (both talking) (laughing) Bailey: All right. Um ... other things ... we think that ... this is the common house, um ... and as you can see it's got the three apartments. Um, these are the private dwellings you saw some... some, uh, slides of those before. There're stacked flats, townhomes, one and two-story duplexes, and walkout lower levels. Um, we think that Prairie Hill is going to benefit Iowa City in a number of ways. Uh, one reason is that we will voluntarily include affordable housing. We have a commitment of money from the Housing Trust Fund of Johnson County for downpayment assistance. We've also applied to some other funding bodies for additional assistance to provide more affordable options. Urn ... the Southwest District Plan's goals for the neighborhood include revitalization and stabilization, Prairie Hill will add 33 owner -occupied dwellings to the University impact zone. Um, and according to the 2014 University map that was prepared by the Neighborhood Services Division of the City, there are 79 owner -occupied homes. We'll increase that to 112, which is a 40% increase. Tips the balance for majority rental to majority homeownership. Um ... increases the stability of the neighborhood; will provide a model of sustainable development; uh, they'll be small, LEED-certified homes, many of them solar powered. Not much impervious pavement. Storm water will first be managed on-site with the use of rain gardens, bioswales, and a detention basin, before it hits the City's storm water drainage system. This cohousing project follows in the footsteps of over 200, closer to 300, existing and developing communities to provide a structure for aging in place, supporting families, mentoring youth, and engaging with the larger community. Uh, we see this development as an asset to the city, and the neighborhood, and of course to us, and having the City approvals would move us, uh, a big step closer to that reality. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 11 Hayek: Thank you. Okay, well this is a public hearing and, uh... if there's anyone from the audience, um, in addition to these speakers who would like to address us, we invite you to come forward. Okay, I will, uh, hearing none, uh, take the temperature of the Council. Are we inclined to go with the recommendation from Planning and Zoning? (several responding) Okay, based on that I will close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Botchway: Second. Hayek: Moved by Mims, seconded by Botchway. Discussion? Mims: I think this is just a really exciting project. Uh, it's ... it's unique for Iowa City. Um, I'm glad that when they ran into difficulties in the first round they didn't give up on it, and uh, made some modifications. So I'm just really excited to see it move forward! Botchway: I had one question. What ... and maybe this is for the developers. What is ... what is the definition of affordable housing? Or what are you thinking about in terms as affordable housing? I know you said that ... you mentioned the downpayment assistance for the three homes. Bailey: Technically the definition of affordable housing is that ... a household can spend no more than 30% of their gross income on housing. So that number varies, obviously, you know, according to what their income is. Does that answer your question? Botchway: Okay. Yeah. So is ... is, okay! That works! Hayek: Thank you! Jim? Throgmorton: Well, I'd just like to say I love seeing the creativity associated with this project and I'm really excited for the people who've been working so hard on it, and, you know, in the past, before we got to the rezoning stage, I had various conversations with several individuals, cause I know them, you know, uh, all personally, uh, so ... been aware of this project and observing it moving along, and I know it's been hard in many ways. So, uh, bravo as Susan said. Bravo to you for sticking with it for revising the project for coming up with a really good design, in a different part of your property. It's great to see. So, I want to say that, but ... but I also want to ask a question that, uh, someone asked me yesterday, and... and in the spirit of just kind of engaging in, uh, sort of a full community dialogue about this. So the question that I was asked was ... how ... how do you all imagine ... I'm from Kentucky! I say you all. How do you all imagine... over... the, how ... how This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 12 the, uh, the Prairie Hills... Prairie Hill will change over time as you and we all age. You know, so the ... the comm .... the population of Prairie Hill will change over time, and the ... the person I was talking to was saying, well, you know, you all should be pretty leery about this because... maybe... maybe people get in difficulty for one reason or another and, uh, the population will change and some people will pull out and ... and so, just... how... how do you imagine... dealing with the ordinary complications of life in this site, given the unique character of the project you've imagined? Tucker: Great, so a couple of things, I mean we're starting out already with ... we have... we have 12 families and three of them have young kids. So already we have a spread. We have a three-year-old, we have a ... a couple of 70 -somethings, okay? So, um, so it's not going to be a bunch of...gray hairs aging in place all at the same time. Just for one thing. Um, we expect people to come and go, and people will move in and they'll move in knowing that ... it's different than your usual neighborhood and you're going to be ... there will be formal responsibilities that you have. You can be on the snowblowing, uh, committee; you can be on the finance committee; but you'll be working. So, that's how we'll get people in, but we really expect this to function as a great neighborhood. Already like going to meetings we're giving each other rides. Already we're looking out for each other and doing different things. That'll only intensify when we're living in the same place. In other cohousings, picture a snow day, parents who have to go ... but you've got a ... and what's going to happen to the kids? Well you've got people who are retired who are going to go to the common house and hang out with the kids all day, so that they're not at home along. So that kind of stuff is what ... is the way people live in cohousing, and ... what else do you want to say? Bailey: We also have a lot of models. There are cohousing communities all over the country. We just got back from a national conference where there were 450 people. Um, we know that most cohousing communities have waiting lists of folks who want to get in there. Um, there's very little turnover in a cohousing community... because it's a great place to live! People don't want to move out. They like it there. Um ... it's very likely we'll have a waiting list too. And ... and we'll work through whatever issues come up! Tucker: Right! And ... and here's the deal... originally we didn't have units upstairs in the common house, and then someone who was interested was on oxygen and mobility was an issue. So we (mumbled) we put ... we put apartments in the common house. There'll be an elevator there. They'll be able to be right in the thick of things, as much as they want, and yet there'll be good insulation so they'll be able to not be in the thick of things if they don't want to. So, the other piece is ... in other communities they see that like ... when I get older and I can't move, the next time there's a ... an open... apartment in the common house, I'm going to jump over to that. And then a new family'll move into my place. So there's a lot of mix and matching that happens. Does that begin to give an idea? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 13 Throgmorton: Sure does! Thanks! Tucker: Anything else? Hayek: I'm good. I ... I'm supportive of it. It, uh, it's a ... it's a novel concept, um, and ... and an interesting one. What we have to decide is ... is the rezoning proper, um, and ... and, you know, the staff memo and this is born out through the P&Z process, show that it's compliant with our Comp Plan and ... urn ... uh, and that the ... the requested waivers from the underlying subdivision and zoning requirements that Iowa City has, um ... meet the criteria for modifying those. Cause they have asked for waivers from various, uh, requirements under... under our ordinances, um ... density and ... and things like that, the layout, um, with the common house and the common lots and ... and that sort of thing, but again, the... staff is recommending it. Um ... uh, it went through thorough vetting at the Planning and Zoning, uh, level, um, it appears that whatever the extent of the neighborhood concern at the time was ... is ... has been addressed, uh, and so I ... I'm excited about this. I'll support it! Okay! Further, uh, discussion? Roll call, please. First consideration passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 14 ITEM 5b REZONING AT 705 & 709 S. CLINTON — CONDITIONALLY REZONING 0.41 ACRES OF LAND LOCATED AT 705 AND 709 S. CLINTON STREET FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE. (REZ15-00008). 1. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) The public hearing is open. Um, we do not have a signed Conditional Zoning Agreement, uh, which means we will need to, um, continue the public hearing and... and defer first consideration, but first I want to see is there anyone here in the audience who intends to ... or who came here to address the Council on Item 5b? I don't see anybody. So, staff is prepared to give a report. Do ... do you want to do that tonight or should we... (both talking) Yapp: Let me give a... a super -brief... overview. Hayek: Sure! Yapp: Um, and I would note that the, uh, applicant's representative contacted me today, uh, that they do not have the signed Conditional Zoning Agreement, but are confident they will have it by your July 27"' meeting. Uh... Hayek: Hey, John, before you get started (both talking) Yapp: Sure! Hayek: ...any ex parte communications to disclose? (several responding) Okay. Yapp: Uh, just real briefly, this property is currently zoned Intensive Commercial. Uh, it's bracketed on the north and south by the, uh, railroad tracks. The request is to rezone it to the Riverfront Crossings Central Crossings zone. Uh, that is appropriate given that it is in the Central Crossings, uh, Riverfront Crossings District. With that, unless there are any more questions, I'll save my more detailed report for the next, uh, continuation of the public hearing. Hayek: Sounds good! Any questions for John? Okay, take up a motion at this time. Mims: Move to continue the public hearing and defer first consideration to our July 20.... Payne: 7`". Mims: ...27`h meeting. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 15 Botchway: Second. Hayek: Moved by Mims, seconded by Botchway. Discussion? All those in favor say aye. Opposed say nay. Motion carries 6-0. So Item 5b, the rezoning at 705 and 709 S. Clinton Street, uh, will be taken up at the July 27`x' meeting. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 16 ITEM 5c SADDLEBROOK MEADOWS — AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ALLOW A REDUCTION OF THE FRONT YARD SETBACK FOR CERTAIN PROPERTIES LOCATED ON BLAZING STAR DRIVE (REZ15-00011). 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Yapp: Uh, this item ... uh, came to us after, uh, construction had started on one of the units, uh, in this ... in this development. Uh, the structure on lot, uh, 43 ... uh, was constructed into the, uh, 20 -yard setback. Uh, these are relatively small lots, relatively small structures, uh, that were approved as part of this development. Uh, as part of that approval, there is a... a 20 -foot front yard setback, uh, required. Largely due to these structures having relatively small amounts of open space. Uh, the normal, uh, standard setback for single-family is 15 -foot ... front yard setback. Um... after construction had started on this property, uh, and this image shows how that ... that structure does extend closer to the sidewalk, uh, than the neighboring structure. Uh, during an inspection, uh, staff realized the ... the structure did not meet the required setback. Uh... we met with the applicant and the applicant's engineer, and ... uh... there were two solutions. One is to ... uh, tear off the front of that house and porch and build it at the proper 20 -foot setback. Uh, the other solution would be to amend the planned development, uh, which is what is being recommended to you tonight. Uh, as part of that, uh, solution what is proposed is for the ... the lots on this block of ..Blazing Star Drive that the setbacks, uh, start to stair -step back, uh, till you get to the western most lot, which would then meet the required 20 -foot setback, uh, to avoid there being one structure with an abruptly, uh, closer to the sidewalk than the neighboring structures. Uh, so they would, uh, step back by a few feet for each lot, until reaching the standard 20 -foot setback. Uh, in reviewing this option, uh... one of the things staff considered was that, uh, the front porch is an important part, uh, of creating useable, semi -private open space. And given the small lots, the small structures, uh, that was important. If we had required the front porch to be removed from this structure to meet that 20 -foot setback, it would ... it would be a structure without a front porch, uh, which was not desirable. Uh, the front porch also allows for a transition from the private space inside the home to the public space outside of the home. Um ... this is another image of the, uh, structure that brought this to our attention. Uh... and the upper left hand image is an image of ...an elevation image of that structure. One of the things I wanted to show with this image is that there are a, uh, variety of... uh, housing types and building facades, uh, in this neighborhood to ... uh, mitigate against any monotony, given how close the structures are together, and as you can see on this overhead, every other lot has a ... a slightly different, uh, footprint and front facade of...of the proposed structures. Uh, staff recommends approval. Planning and Zoning This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 17 Commission has recommended approval. With that, be glad to take any questions and the, uh... applicant is in the audience, as well. Payne: Did you look on the plat to see how wide the utility easement is? Yapp: They, uh... I believe it is 15 -feet wide, and with the lot 43 they would extend slightly into that utility easement. Uh, the applicant has received releases, uh, from most if not all of the utilities. (unable to hear response from audience) Hayek: ...need an answer to that... Payne: Doesn't matter if I find it out here or not (laughter) I'll find it (several talking) Hayek: Duane's here! Come on up and ... (mumbled) give us some information that'd be great! Musser: Duane Musser, MMS Consultants. We, um ... we have placed a One Call. We have, um, spoke with... four of the utility companies, and we have created a easement vacation plat. Um, I have shown an exhibit to the utility companies. The closest utility ... to the rear of the easement line is the gas line, and it is ... six and a half feet within the 15 -foot easement. We were requesting, uh, two -foot, the back two foot of that 15 -foot easement to be vacated, um ... I ... I don't foresee any problems with that, but it... it takes a process to work with all the different utility companies to get that prepared and released. Um, worst case is we have to... saw off, uh, a foot and ten and half inches of the porch ... to get it out of the utility easement, which we're preferring... hoping not to do. Payne: Thank you. Hayek: Thanks, Duane. So ... I guess, John, my ... my question would be ... and ... and this is the question that I think Planning and Zoning grappled with as well is, you know, wh... what is the precedential impact of this? How do we ... avoid these situations going forward and not create an incentive to build beyond the ... the line and then request help later. Yapp: Well I think the ... you know, we did not realize this until we inspected the ... the construction. Uh, the incentive is that the applicant, we have issued a stop work order, uh, on any further construction until this situation is rectified. That does cost the applicant time and money, uh, before they can complete construction. Uh, so I think there is a disincentive to ... uh, do this kind of thing intentionally. Uh, we do ... we do believe this was an honest error. Uh, and that this is an appropriate solution. Hayek: Okay. So you're not worried about... Yapp: No! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 18 Hayek: ...incentives to ... to, yeah, okay! Further questions for John? Anyone from the audience? Gordan: Uh, hello, I'm Steve Gordan with, uh, A&M Management, representing the developer and, um, just wanted to say that, uh, yeah, clearly this was not intentional. It was, uh, because these houses are designed with the large front porches. This porch happened to be a fully covered front porch and when the site plan was originally, um, drawn up, the house was put on the set -back line and, you know, sometimes porches and steps are allowed in the set -back, but because this is a fully -covered front porch, it's not, and ... and it was missed by ... by all until the construction got, you know, as far along as you can see. So, it was not intentional and ... and um ... you know, we, uh, with the help of, uh, Sarah Walz and the, in the Planning and Zoning Department and then, um ... uh, Doug Boothroy and Tim Hennes and Bob Miklo were kind enough to meet us out on site and ... and discuss on, you know, ways ... what would be the best way to try to solve this issue, and so we do appreciate that ... that they were willing to do that and ... and came up with this solution and, um ... and then, uh, you know, as ... as, um, as John mentioned, the front porches are important. The accesses to these houses are all in the rear. There's no driveway, no, uh, garage facing the front, so the whole front yard is useable and the porch really adds to that, and ... and all the designs out there have a substantial front porch and entry to `em because of that. Payne: And we know what the Supreme Court of Iowa just ruled on front porches, right? Gordan: Uh, I'm not aware of that, no (laughter) Payne: You don't know? (laughs) Gordan: No, I don't! Payne: That you can be drunk on your front porch! (laughter) Gordan: Really? (laughs) Payne: It's private space! (laughter) Hayek: Not public intox! (laughter) Gordan: Well, there you go! (laughs) As John said it's a ... it's a ... it .... (both talking) private space between front (both talking) Payne: ...very important! (laughs) Gordan: Um, so I'm here to answer any questions and ... and, um, as ... as Duane said, that, um, you know, they're, um, we're hoping to get a re ... a release of the ... of the, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 19 um, utility easement but if...if not, there was a solution for that to ... to cut off a little bit of the front porch that wouldn't affect the, you know, the character of it, but would get it out of the easement. So... Hayek: Thanks, Steve. Gordan: All right, thanks! Hayek: Anything else from the audience? Okay I'll close the public hearing at this time. (bangs gavel) Need a motion. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by ... Dickens. Discussion? Throgmorton: One never likes to see mistakes being made, uh, but in a few minutes we're gonna encounter another mistake, uh, having been made and that we have to deal with, but this seems like a very savvy solution to ... to the mistake. So I ... you know, things happen. Hayek: No, and I'm ... I'm sure it was a mistake, as well, and I ... and I asked these questions because I'm reminded of...this was years ago, but the house mover Max Yocum (laughter) who ... legend has it would move homes, uh, in the middle of the night and, uh, get to a place where, you know, the power lines were all of a sudden blocking him in, um, but by then it was too late not to help him move the house to the (laughing) to the destination and so the power companies would have to come in and .... and the City would have to help. So ... asking for forgiveness later! Not that this is that! Anyway, I'll be supportive of this. 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 June 16, 2015. Page 20 ITEM 5d 410 IOWA AVE. — REZONING APPROXIMATELY 12,000 SQUARE FEET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS SUPPORT (CB -5) ZONE LOCATED AT 410 IOWA AVE. (REZ15-00010) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte communications? John! Yapp: Uh, as, uh, Councilman Throgmorton referenced, uh, this rezoning application is due to another error. Uh... the need for this rezoning, uh, is due to an error in a 2005, uh, zoning application, which rezoned the north side of Iowa Avenue properties, uh, from CB -2 to CB -5. Uh, as shown on the zoning map, this particular property has been shown as CB -5, uh, since 2005 and the, uh, property owner and staff believed it was zoned, uh, CB -5. In, uh, this was discovered in a recent, uh... uh, title search, uh, of the property that the property was not included in the legal description, uh, which rezoned the Iowa Avenue properties, uh, to CB -5. Uh, in researching this further, uh, I discovered this, uh, error went back to 1987, uh, when the property was rezoned from Public to CB -2. At that time the zoning map was, uh, maintained manually, uh, by a cartographer, uh, and this... the property was not shown as CB -2 at that time. This led to a domino effect which led to it not being included in the legal description in 2005. Uh, the ... uh, property to the west is the, uh, Historic Society, uh, building, State Historic building. Uh, the other prov ... private properties on the north side of, uh, this block of Iowa Avenue, uh, as well as, uh... on the next block to the east are all zoned CB -5. Uh, the intent in 2005 was to rezone all... all CB -2 properties to CB - 5. Uh, it is an error that this was not included in the, uh, legal description at that time. Staff is recommending it be rezoned from CB -2 to CB -5 formally, hence ...uh, hence this process. Uh, both staff and the Planning and Zoning Commission have recommended approval. Payne: Will ... will the ... rezoning make it nonconforming? Yapp: In... Payne: Make the property nonconforming? So what's on the property, it fits into both the CB -2 or the CB -5 zone? Yapp: Uh, it shouldn't. Uh, both CB -2 and CB -5 have very similar, uh, types of uses that are allowed, similar setbacks. Uh, the one difference is, uh, building height, uh, can be a little bit taller in CB -5. Payne: But the existing property will ... what's on it now will not be (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 21 Yapp: ...won't be nonconforming. No. No. Hayek: Other questions for John? Thank you, John. Anyone from the audience? Gelman: I'm Tom Gelman, um, I'm Counsel for the current owner of the property, uh, actually relatively new owner. That owner's Whistler Apartments LLC, uh, the principles of that, uh, limited liability company are the same individuals that own the Telluwhite ... Telluride project here in Iowa City and they asked me to be here tonight to answer any questions you may have related to their ownership of the property. Uh, and certainly to encourage you to approve this, uh, amendment, or this, uh, zoning amendment. Yep. I was the one that found it in the title search (laughter) ...how did this happen? (laughs) So it's, uh, and then with a long explanation I think we've ... we've sorted it out, so ... we ... we would appreciate your approving it as recommended. Thank you. Hayek: Thank you, Tom! Gelman: Uh huh. Markus: Can I ask John a question? Hayek: Sure! Markus: If he could come back ... so it was... what's... what's the current use? Yapp: Uh, United Action for Youth. Markus: Okay. Is that a permitted use in CB -2? Yapp: It is. It's an office use. Markus: That's how you classified it? So you're not classifying the use as a single-family structure. Yapp: No. No. The structure ... I ... I do have an image. Uh, the structure is a single- family structure, but the use is an office use. Hayek: Thanks, John! Any other ... input from the audience? Before I close the public hearing, are we inclined to go with the ... P&Z recommendation? Okay. I'll close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 22 Hayek: Moved by Mims, seconded by Dickens. Discussion? Throgmorton: I can imagine circumstances in which a... a rezoning from CB -2 to CB -5 could be very controversial in this sort of general location, but given the circumstances, I... I'll support it. Hayek: I concur with you. Further discussion? Roll call, please. Passes 6-0 on first consideration. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 23 ITEM 6. WILLOW CREEK / KIWANIS PARK RENOVATION PROJECT - RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE WILLOW CREEK / KIWANIS PARK RENOVATION PROJECT. DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS a. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Uh, estimated construction cost is $350,000 and funds will be available, or are available through our capital improvements plan. Anyone from the... audience? Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Payne: Move the resolution. Botchway: Second. Hayek: Moved by Payne, seconded by Botchway. Discussion? Be some nice upgrades for that park! Roll call, please. Passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 24 ITEM 8. UNIVERCITY SALE, 725 EAST DAVENPORT - RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 725 EAST DAVENPORT STREET a. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Uh, this is through the UniverCity Neighborhood Partnership Program. Uh, the amount of the sale is $166,000. Anyone from the audience? Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Botchway: ... resolution. Payne: Second. Hayek: Moved by Botchway, seconded by Payne. Discussion? Throgmorton: I walk by this building about every other day. So I'm very happy to see it's finally being conveyed. Hayek: Roll call, please. Passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 25 ITEM 9. UNIVERCITY SALE, 1116 E. BURLINGTON - RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1116 EAST BURLINGTON STREET a. PUBLIC HEARING Hayek: This is a public hearing. Hearing is open. (bangs gavel) Uh, this is another such property through the same program. Anyone from the audience? Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Dickens: Move the resolution. Botchway: Second. Hayek: Moved by Dickens, seconded by Botchway. Discussion? Payne: My only comment is the cost on this is gettin' towards the end of what truly is, in my mind... affordable! Botchway: Well, and I think we talked about this not being something that we look at as far as affordable housing. Payne: They have to have an income requirement. So to me that's affordable. Botchway: True! I don't disagree! Payne: (laughs) Hayek: But that's one of the multiple objectives of this program. Payne: Correct, it is one of them. Hayek: 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 June 16, 2015. Page 26 ITEM 10. INTERNATIONAL BUILDING CODE, RESIDENTIAL CODE, FIRE CODE, ELECTRICAL CODE, AND PLUMBING CODE - ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2015 EDITION, INCLUDING APPENDIX K, AND THE INTERNATIONAL RESIDENTIAL CODE, 2 0 1 5 EDI TI O N, INCLUDING APPENDIX F AND APPENDIX J, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; ADOPTING SECTION 103.6(1)(A) OF THE CODE OF IOWA (THE STATE ELECTRICAL CODE) AND SECTION 105.4(1)(A) OF THE CODE OF IOWA (THE STATE PLUMBING AND MECHANICAL CODES); REPEALING CHAPTERS 2, PLUMBING CODE, 3, ELECTRICAL CODE, 4, MECHANICAL CODE, 5, ABATEMENT OF DANGEROUS BUILDINGS CODE, AND 13, FUEL GAS CODE; AMENDING CHAPTER 12, ENTITLED APPEALS; AND AMENDING TITLE 6, ENTITLED PUBLIC HEALTH AND SAFETY, CHAPTER 1, ENTITLED NUISANCES; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE RESIDENTS OF IOWA CITY, IOWA a. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) I don't think reading that was good for my health, welfare (laughter) or safety! (laughs) Throgmorton: It's not like reading a novel either! (laughter) Hayek: Anyone from the audience? Public hearing is closed. (bangs gavel) b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Botchway: Second. Hayek: Moved by Payne, seconded by Botchway. Discussion? Throgmorton: I noticed, uh, among the many items on this ... not all of which I read, uh... one is that eight of the provisions, uh, implement universal design features, that, uh, that provide accessibility, usability, and visitability for all. That's a great thing! Glad to hear it! Hayek: Yep. It's got some very good stuff! Further discussion? Roll call, please. First consideration passes 6-0. Karr: Motion to accept correspondence. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 27 Botchway: So moved. Mims: Second. Hayek: Moved by Botchway, seconded by Mims. 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 June 16, 2015. Page 28 ITEM 11. FIRE CODE - ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE CODE, BY ADOPTING THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. (FIRST CONSIDERATION) a. PUBLIC HEARING Hayek: This is a public hearing, which I will open at this time. (bangs gavel) This, uh, has the unanimous support of the Board of Appeals, by the way, as I think did the previous item. Anyone from the audience? Public hearing is closed. (bangs gavel) b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Throgmorton: Second. Hayek: Moved by Mims, seconded by Throgmorton. Discussion? Roll call, please. First consideration passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 29 ITEM 12. BUILDING TRADES LICENSING - ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 11, ENTITLED "LICENSING," TO REFLECT THAT ALL LICENSES FOR BUILDING TRADES ARE ISSUED BY THE STATE EXCEPT FOR SANITARY SEWER AND WATER SERVICE INSTALLER. (FIRST CONSIDERATION) Mims: Move first consideration. Botchway: Second. Hayek: Moved by Mims, seconded by Botchway. Discussion? Again, this received a unanimous recommendation from the Board of Appeals. Anyone from the audience? Council discussion? Roll call, please. Passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 30 ITEM 13. IOWA CITY/HARRISON ST. AGREEMENTS — RESOLUTION DIRECTING EXECUTION OF A MASTER LEASE PURCHASE AGREEMENT AND AGREEMENT REGARDING ASSIGNMENT AND ASSUMPTION OF LEASE PURCHASE AGREEMENT; AND AUTHORIZING THE EXECUTION, PERFORMANCE AND DELIVERY OF A PLEDGE AND SECURITY AGREEMENT, ASSIGNMENT AND DELEGATION AGREEMENT, TRUST AGREEMENT, PROJECT WARRANTIES AGREEMENT AND REVISED EXHIBIT B TO THE MASTER LEASE PURCHASE AGREEMENT, SUBJECT TO CERTAIN CONDITIONS PRECEDENT Hayek: Let's get this on the floor first! Mims: Move the resolution. Botchway: Second. Hayek: Moved by Mims, seconded by Botchway. Discussion? Dennis! Bockenstedt: Good evening, I'm Dennis Bockenstedt, the Finance Director for the City, and before you is a resolution to approve the lease purchase agreement for the Harrison Street parking facility. Uh, this facility is part of a larger development on a city block in the Riverfront Crossings District. Uh, that development is... uh, on the north side of that development is the Harrison Street, uh, on the west is Clinton, and this is Dubuque Street, and that includes the Midwest One office building, the parking facility, and the Sabin Townhomes on the east side. Uh, for the City parking facility, that parking facility has 600 ... plus spaces. It'll be wrapped on the east side by the Sabin Townhomes ... development, and the estimated cost for that project is $15.3 million. Um, it is anticipated to be completed on March 1St of 2017, and is being constructed by A & M Development, and we will lease purchase that facility from them. (mumbled) Uh, this is a ... a picture, or a rendering, of the proposed development. On the left side is Harrison Street and on the right side ... is, if I can get the pointer going here, is ... Harrison Street. Uh, this is the townhomes here on the ... uh, east side of the development. The north side of the facade from the parking structure, and then you can see the Midwest One office building, uh, off in the distance. Um, this is another view of the development. Um, this is the ... (mumbled) north side of the fagade of the parking facility; you can see an elevated walkway to the Midwest One office building and this is the, uh, elevator and stair tower, um, in the northwest corner. Uh, milestones in this development — uh, in the spring of 13, Mis... Midwest One announced, uh, the development in the Riverfront Crossings, uh, area, and the fall of 2013 the construction on the office building began, and in December of 14 we took bids, uh, for the lease purchase financing for the parking facility. And in January of 15 the City Council, uh, authorized a resolution to take additional action for the issuance of this purchase agreement This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 31 and in January of 2015 the City Council also approved the development agreement for the Sabin Townhome project. Uh, for the terms of the lease purchase agreement, uh, this'll be financed by Capital One Public Funding. It is for an amount not to exceed $16 million, and is a 20 -year fixed rate lease, uh, the rate of that lease is based on a formula that'll be calculated at the time of the transfer of the property. Uh, it currently calculates to 3.96%. Uh, these lease payments are payable only from parking revenues, and it is estimated that they will begin in August of 2017 and be completed in June of 2037. Uh, and it does include early retirement provisions (mumbled) and I'll try and answer your ... any questions if you have any! Mims: Is there any penalty for early payment? Bockenstedt: No. No, we can start paying up to $2 million a year early (both talking) Mims: Oh, that's right! Bockenstedt: ...two years into the agreement. Mims: I did see that! Hayek: Thank you, Dennis. Anyone from the audience? Council discussion. It's great to see this move forward! Mims: That's exactly what I was going to say! Another good project going up in Riverfront Crossings. Hayek: Roll call, please. Passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 32 ITEM 15. ELECTRONIC CIGARETTES — ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO PROHIBIT SMOKING ELECTRONIC CIGARETTES IN AREAS WHERE IT IS ILLEGAL TO SMOKE TOBACCO (FIRST CONSIDERATION) Payne: Move first consideration. Botchway: Second. Hayek: Moved by Payne, seconded by Botchway. Discussion? I think we have some ... well, hold on, yeah we've ... so, there are clearly here, people here from the audience who wish to address us and I ... we'll follow the same format. So we ... we invite anyone who's interested to come forward, sign in, give us your name, and ... and to please keep your comments to five minutes or less. And we will ... we'll wait till we hear from everybody who's interested. Beardsley: Thank you. My name's Doug Beardsley. I live at, uh, 681 Sandusky. I'm the Director of the Johnson County Public Health and uh, some... according to the resolution, I'm the cause ... that we're here today, but I'll proudly wear that. Um, I'd like to thank you for your responsiveness, uh, to the presentations that we've made o ... over the...over time. Uh, I know leadership and ... and setting a precedent in the state is a difficult thing and I ... I appreciate, uh, what you're doing. Um, I'd like to address some arguments that have been, uh, circulated that you may have seen. Just, again, to go back and summarize, some of the things that brought us here as a public health, uh, department, or as a board of health, uh, to you. If you could assure that, uh, all current tobacco smokers would... stop smoking tobacco and go to e -cigarettes, I'd probably be your loudest cheerleader. And ... and that's the scenario that a lot of people think of when they ... when they look at the marketing or some of the discussion that's been going on with e - cigarettes. Unfortunately, um, the scenario of smokers giving up and that's the exclusive users of e -cigarettes is not what we're seeing on the ground. That's... that does not describe your e -cigarette users. Uh, in fact it's, uh, that portion, those anecdotal things of, yeah, I tried everything and then e -cigarettes, I gave it up. Um, that is an insignificant proportion of current e -cigarette users. Um... what we're actually seeing is dual use. Um, so people continue to smoke, and at the same time when it's convenient they'll use e -cigarettes. We see the former smokers who have given up who are coming back now and using these products, and most alarmingly there's people who've never used, uh, tobacco before who are picking it up and primarily we're seeing that in the youth, the ... the amount of experimentation amongst youth. Um, so ... but still why should we be concerned about this? Aren't e -cigarettes just a ... an innocuous, uh, vapor? Uh, we've made presentations here, I won't go through all of the ... the research, but they do omit to the user and those around them a variety of harmful substances. VOCs, particulate matter, and nicotine. Uh, those can be measured in ... people not This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 33 smoking who are exposed to the vapor. Admittedly, for the most part, um, in much lower concentrations than you'd find in tobacco cigarettes, and ... and second-hand smoke. However, given the wide variety of, uh, products, mixtures, methods, uh, and a complete lack of any manufacturing oversight, quality control, or laborling ... labeling, or other, uh... controls or restrictions, uh, a definitive picture of what is in each of the vapors, depending on the product, will never really be known. Uh, some may say the sub ... those substances that are omitted are at such small levels that they don't pose a threat, or a .... or a measurable risk. The question is, if you have the ability to have no contamination, why do you want to go back and add some contamination. So if we assume that now no e - cigarettes, no tobacco is our standard, why would we want to allow some back in? Um ... I don't know if some of you are aware, you know, you ... uh, even the FDA says there are allowable defective levels, uh, for things like in wheat, uh, you can have up to 9 mg of rodent excreta per kilogram of wheat. If we had the ability to have zero, why would we go ahead and allow more into it? Um ... but really what this is about is social norms. If you look at the ... the, uh, the advertisements, the ... the tobacco industry behind the promotion of these, it's about re - normalizing smoking behavior. That is the biggest threat to ... to our youth who are experimenting with these things, will become addicted, uh, and ... and it's the strategy of the tobacco industry to replace those smokers. If it were only smokers giving up smoking using e -cigarettes, the tobacco industry would have no interest in this because there's not enough profit because that is a shrinking demographic. So, I would urge smokers to quit! And if the e -cigarette works for you, that's fine. Use it, but what this ordinance would do is to limit the use in the same way that, uh, currently tobacco is used, and I, again, I appreciate your interest and your action on this. Thank you! Hayek: Thank you, Doug. This is a public, uh, this is a... an opportunity for public input, so we're... Dobrian: My name is Joseph Dobrian. I live at 1015 Second Avenue, Iowa City. I'm not directly involved here. I don't use e -cigarettes. It doesn't gore my ox if they're banned in areas where they are currently not banned. And ... I'm standing up here in solidarity with people who oppose this initiative because I believe it's the right thing to do. One reason why our society is becoming more and more... authoritarian, more and more restrictive, more and more punitive ... is because so few of us will stand up when our ox is not being gored. I submit... that this is not a public safety issue. The vapors off of an e -cigarette are less than wh... what you would smell from my soap that I put on this morning when I showered, as I walk past you. It's nothing! This is a trumped up issue. The objective is not to protect public health, I submit, but to make it harder and harder for anybody to deliver nicotine into their system. It is spiteful legislation! It is malicious legislation! It is an attempt to pick on people who are powerless! It's fun to do that, let's face it! It's fun ... to hit somebody who can't hit back! But y'all are above that, I hope! And don't listen, please, to the plea that it's for the children. Doctor Samuel Johnson once said patriotism is the last refuge of a This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 34 scoundrel. He completely overlooked the immense possibilities of the phrase `our children.' I conjure you to resist the temptation to engage ... in this legislation that would help nobody, but... might... be useful just to make you feel good. It's not worth it, folks! Please! Hayek: Thank you for the comments. Conroy: Hi, my name's Michael Conroy. I live in Iowa City ... on Muscatine Avenue. I've never done anything like this before and I'm very nervous, so ... um... Hayek: You're doing great! Conroy: But I think this is an important issue. I ... I ... I think the ... I think the public health paradigm is certainly, uh, something that ... that, um, everyone should look at, to the extent that it's applicable or relevant, but I ... I think it's more fundamentally a human right's issue. Um ... I ... I, uh... um, I ... I, uh, at ... some time ago, uh, when I first read a newspaper article that the Council was planning on doing this and the Johnson County Board of Supervisors already had done something similar. We started a petition, didn't really get very far. We only have 240 signatures, but because I am (mumbled) think I'll just read the position, the petition verbatim. Um, in the interest of public health and individual liberty, we hereby petition the Iowa City Council to cease and desist from passing any restrictions against the sale or use of e -cigarettes and personal vaporizers. It is our belief that these measures, besides being heavy-handed and anti -democratic, are without scientific merit and will be manifestly harmful to public health as they will indirectly dissuade smokers from switching to an alternative that is 99% less harmful to their health, and poses no risk to by ... to any bystanders. We further believe that while it is an obligation of local government to maintain public infrastructure in service to the people, it is not the purpose of government to socially engineer the lives of its citizenry through attempts to initiate behavioral modification via executive or lia... legislative fiat. Unless an unambiguously clear and compelling case can be made, that electronic cigarettes pose a demonstrable danger to anyone, a case that cannot be presently made, it is antithetical to the principles of a free society to prohibit for no good reason law-abiding citizens from engaging in otherwise lawful behavior. The mere fact that someone dislikes or disapproves of an activity is not sufficient cause in and of itself for the activity to be legally curtailed. And that's what I have to say about that! And it occurs to me that ... I've been tracking this for a number of years. Some of us are old enough to remember when, uh... uh, rooms like this were just inundated with cigarettes smoke. It was everywhere, all the time, coming at you from all directions. And there was a social movement and it started as a grassroots movement. It started from the ground up. Because, uh, some people has asthma, some people were allergic, some people just didn't like it, you know, um, and were non-smokers and ... and ... and so the indoor clean air initiatives that led to a succession of smoking bans, I have nothing but the highest respect for... insofar as they gave people the right, uh, to not have to breathe cigarette smoke if...if they don't want This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 35 to. What is less clear to me is how that movement morphed into a movement in which tobacco is demonized and no one is supposed to do it anywhere at any time or any place. Um, and so smokeless tobacco products and tobacco alternative products have now been lumped together with, uh, cigarettes and cigars, whether or not they emit harmful second-hand omissions that ... that bother other people, and it's not clear to me how or under what moral justification that happened. Um, if it's true as the other gentleman pointed out, that it's going to encourage people who used to smoke to go back to smoking, etc., etc., I still would contest that it's the government's job to mandate what people are doing. If we are to be free, then that's the freedom to be stupid, if that's what we want to do. The ... the famous, uh, quote by ... it's attributed to Oliver Wendell Holmes, although it's probably (mumbled) um, my right to extend my arm ends where your nose begins. So in the case of second-hand smoke, my figurative, uh... ex..extension of my arm is a literal `going into your nose,' and so that ... that's understandable. Um, and I quit smoking in 2009 because whatever second-hand smoke is or isn't, it's something. I ... I couldn't deny that it was something. I couldn't say it was `nothing!' But smokeless tobacco products, and tobacco products that, uh, the empirical evident, um, suggests ... if you're getting any nicotine at all, it's less than the trace amounts of nicotine that exist in a tomato, okay? Um ... there is ... there is simply no ... and even the FDA, um, has not been able to come up with anything, although they don't stress that in their statements to the public because that's not the message they want to convey. And they're looking very, very hard. Um, so ... I'm against it, to quote Groucho Marx. I don't really have a ... concise pithy ending, but I wanted to go on record as saying that. Thank you! Hayek: Thank you for your comments. McLaughlin: Hi, I'm Mike McLaughlin. I'm here representing the Johnson County Board of Public Health. I'm the Vice Chair. Um, wanted to just first off thank the Council for considering this amendment. Um, as a board we've charged the Johnson County, um, Department of Public Health and the Director Dr. Doug Beardsley to really look into this matter. Um ... it's tough because in something, a new product like this, the science is constantly evolving. I think from a s ... public health standpoint, um, there are several dimensions that are very concerning about e - cigarettes and vaping in public. So, um ... I just think that... the... science is evolving, but right now the science is pointing towards negative public effects. So, I think we have an obligation not just to look out for the individual rights of people, but also the rights of society. And I think that's kind of what this is about. So, thank you! Hayek: Thank you for the comments. Beadleston: I'm just going to say as a citizen (laughs) I haven't studied these e -cigarettes... Hayek: Could you give us your name again, just for the record? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 36 Beadleston: Joy ... Beadleston. Um ... I have to say as a child of a ... a mother who died of cancer, I think that cigarettes are extremely harmful (laughs) Um, and I had to endure second-hand smoke, um, in a lot of, uh, confined office spaces and restaurants, and I was thrilled (laughs) when they, uh, banned smoking in these areas, and I still even have an issue trying to get into one of my favorite places, the Java House, in town when there's tons of people standing outside smoking, and I'm trying to get through, either in the door or out the door, and I'm ... inundated with smoke and go home smelling like smoke (laughs) and... and anything that would encourage someone to ... take up smoking again when they quit smoking to me is ... horrible! And besides that, litter from cigarettes, and probably the e -cigarettes would be thrown around too, is also extremely harmful to people and to animals and to our environment. So, it sounds to me as somebody that just is listening that this is something that could be very harmful to people's health and people that don't choose to smoke's health (laughs) and um, then more research needs to be done so this is something that sounds like it needs to be more ... um, research before it would be approved. Thanks! Hayek: Thank you for your comments. Anyone else? Okay, I'll close it down for Council discussion. Payne: I ... I think that ... this ordinance is only for public spaces. Um, it'll still allow people to smoke on their front porch, in their yard, um... and I think that according to the, uh, public health officials here, that it does have negative public affects, so ... I think ... I'm ... I don't think. I will be supportive of the ordinance for those reasons. Botchway: I will ... I will, I guess agree in part because um ... I think that at the present ... when we had the presentation. I don't know how long ago. I was sold. Um, I will say that I'm a little disappointed that, um ... it seems a little more, I would say hairy now, but it doesn't seem as, you know, clear-cut as it was before. I don't know whether or not that's, urn ... you know, whether science has changed or whatever the case would be, but it was not as clear-cut of an argument than when we had the presentation, and ... just for me! From my standpoint, um, but I would agree. I mean I think just looking back, and I'd have to double-check the ordinance, I mean, it is focused on those areas that are, I mean, public spaces and ... it's not necessarily banning it from the entire city. So ... I'll be supporting it as well. Mims: Yeah, I'll support it. I ... I think, you know, the presentation that we had before, you know, Doug went into a lot more detail, you know, which ... thank you, Doug, for not repeating all of that tonight (laughs) Um, but you know and I've read a lot about it. I... from when we had that conversation, and that presentation. I've done a lot more reading since that time, and ... I'm really convinced that there is not good science out there yet to determine that these are safe, and I think a lot of it is that it's not determined actually what's in a lot of the products and they vary and so ... people don't necessarily know what they're getting and I think they're being presented and marked... marketed, um, as if they are a safe alternative, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 37 which that I think is very questionable, and so the fact that this is just for the public areas, just like we have with regular smoking. I will support it. Throgmorton: Yeah, I'd ... I'd say if we were proposing to ban e -cigarettes everywhere in Iowa City, that'd put a great deal of weight on what Michael, uh, has told us. I mean, I really find myself identifying with the, uh, individual freedom aspects of your argument, Michael. Uh, but that's not what we're proposing to do. We're talking about publicly owned property, and ... and limiting the use of e -cigarettes ... or prohibiting the use of e -cigarettes. Dilkes: Well, it's not just publicly owned property. It's public spaces as defined by the Smoke Free Air Act. Throgmorton: Right! Right! The ... thank you, that's what I meant to say. So, um ... there are lots of places where people will be able to smoke e -cigarettes. Uh, I don't think their behaviors, and liberty, are being constrained in any meaningful way, given the ... the science that, uh, Doug and, uh, I've forgotten your name. Yeah (several responding) Uh, that Mike has reported to us, uh, previously and just briefly tonight. Dickens: I'll be supporting it as well, but I ... really do want to thank Michael for coming and speaking, and Joseph for stepping up. It is a tough choice, but ... but we are not limiting it to your private areas that you can still smoke. Uh, seeing smoking going on in public spaces, uh, downtown, it still ... at one end of the ped mall you see nothing but smoke. So if we can control it a little bit, I ... I'm for that, but I ... I really worry about individual rights like you spoke of. Hayek: I'll ... I'll support it. I, uh... I ... my sense is that the ... the mood up here is a little more flat or tepid because we aren't on the heels of the presentation we got a year ago (several talking) and I actually think it would have helped to have, uh, more information, because when we were done with that, um, I ... I, my sense and my recollection was that Council was (several talking) quite supportive... supportive of it. So I think that explains part ... part of the, uh, of the dampened, uh, mood that I'm sensing up here, despite... despite the support, but I ... I think the case has been made. I think the ... I think there's an argument to be made to ... for ... for consistency, um, and this would be consistent with what we're already doing, urn ... uh, both locally and with respect to enforcement of ..of State law, and ... and ...and one of the things that is compelling to me is ... is, and I did some quick research on this. It appears that hundreds of .. uh, local governments around the country, um, have enacted restrictions on, um, e -cigarettes in ... in public spaces, uh, or ... open to the public spaces. Um, that ... that says something to me! Um... uh, so I ... I will, uh, support first consideration. Further discussion? Roll call, please. First consideration passes 6-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 38 ITEM 19. COUNCIL APPOINTMENTS Hayek: At our work session today we agreed to appoint Keith Ruff to the Airport Zoning Board of Adjustment. This is the vacancy, uh, that goes until December 31S` of 2016. Is there a motion? Mims: So moved. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? All those in favor say aye. Opposed say nay. Motion carries 6-0. Uh, there is another vacancy on the Airport Zoning Board of Adjustment. We encourage people to apply for that. There is also a vacancy on the Board of Appeals, and a vacancy on Historic Preservation, uh, for a Jefferson Street representative. We encourage the public to apply for those spots. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 39 ITEM 22. CITY COUNCIL INFORMATION Hayek: Start down with you, Kingsley! Botchway: Um, coming up June 27a', um, I think you already brought it up when you talked about the proclamation that, uh, Juneteenth's going to be at the, uh, Robert A Lee, uh, Rec Center, um, from 12 to 6. Should be a good time! Um, really excited — there's going to be a play that I was ... I've been asked not to, um, or I asked myself not to ... I didn't want to know any information because I was really excited about and learning about it and ... and hearing some of the things that might be going on. I'm really excited about, um, just seeing it. Um, but just different festivities. This is the 150' anniversary and so it's going to be a little more amped up than before. So if you can attend, um, it's a great opportunity! Hayek: Jim? Throgmorton: Nothing. Mims: Nothing! Dickens: Nothing. Payne: I just want to remind people that this Thursday, June 18f, is Party in the Park at Benton Hill Park, at Benton Street and Miller Avenue. Hayek: Three items, first, uh, congrats to the West High girls' soccer team! Uh, nice job at State. Um, secondly I want to congratulate, uh... uh, Transportation Services Director Chris O'Brien. There was a letter, uh, in our packet from the owner of Fair Grounds Cafe where there was a fire earlier this month, and this business owner expressed, um, a lot of appreciation for what Chris O'Brien and his crew did to help with that business following the fire. Um, I think that's important for us to recognize as a Council, and then last, uh, on a sad note, um, you may have seen that Mark Worrell, the, uh... uh, Mayor of West Branch, Iowa, passed away yesterday. He was a life-long resident of West Branch. He was on the city council out there for 20 years, volunteer firefighter, did all sorts of things, um, a ... a stalwart of that community, um, and I'm sure that community and his family are grieving, uh, and we just want to extend our condolences to the City of West Branch. Tom? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015. Page 40 ITEM 23. CITY STAFF a) City Manager Office Markus: Uh, nothing to report except to welcome, uh... Paxton Fruin to, uh, Iowa City! Newest member of the community! Hayek: Geoff, you got some bags under your eyes there! (laughter) What's going on? (laughter) Fruin: We're hanging in there! (laughs) Hayek: For those of you who don't know, our Assistant City Manager had his ... and his wife, uh, welcomed their third child. Just a couple weeks ago! Fruin: Thank you very much! Hayek: Congratulations! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of June 16, 2015.