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HomeMy WebLinkAbout2015-12-15 TranscriptionPage 1 ITEM 2. STUDENT LEADERSHIP AWARDS ITEM 2a Hoover Elementary Hayek: Would Jocelyn Ankenmann from Hoover Elementary please come forward! Hi, Jocelyn! How are you doin'? Ankenmann: Great! Hayek: Good! And you're a Hoover Hawk as I understand it. Ankenmann: Uh huh— Hayek: Well that is an awesome school! Ankenmann: Yeah! Hayek: My kids are here and they are Hoover Hawks too! (laughter) Well, we had, uh, a couple of your classmates here, uh, recently for Hoo ... Hoover's night and I know you couldn't make it so we wanted to make sure that we brought you down to City Hall so we could meet you and show you off a little bit, and (mumbled, laughter) so, um ... what we do throughout the school year is, uh, invite the leaders of the elementary schools in Iowa City, uh, down to City Hall, and we give 'em an award and we get to hear from them as well, and these are students who are selected by... their schools as ... as students ... are you in sixth grade? Ankenmann: Yeah! Hayek: Okay! So they're usually sixth graders, who are real leaders, uh, at those schools and, uh, it's a chance for us to get to know you and show you off a little bit, so the first thing we're going to do tonight is see, uh, see if you brought something to read and it looks like you did so that's great. I'll hand this to you and then if you'd just tell us about yourselfl Ankenmann: Hi, my name is Jocelyn Ankenmann. I'm a sixth grader at Hoover and I participate in student council, safety patrol, and Girl Scouts. Last year I earned the Bronze Award which is the highest award you can get if you're a junior in Girl Scouts. It was a service project that I spent over 20 hours on and this year, as a cadet, I am working toward my silver award. Doing these extracurricular activities along with sports and music help me learn how to be a good citizen and a leader to others. Lastly, I want to thank my teacher Miss Doling for nominating me and Mr. Harnack my Principal for joining me tonight. (applause) Hayek: Well that was awesome. You know when I was in sixth grade, I was on the safety patrol as well and that was a lot of fun and the people up here are the City Council, and they're sitting behind you, and they were also active as well, but one This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 2 of the things I've noticed, uh, as Mayor is that the sixth graders in Iowa City do so much more outside of school than I recall doing when I was in sixth grade, and I think my friends up here recall as well. I don't know how you guys do your homework and do all the things you've listed and ... and have time to have a little bit of fun. It's just incredible! Um, but we're proud of you and we know that there are a lot of people who are supportive of you. I see Principal Harnack out there and ... and I know your teacher and your parents and ... and ... and all the others who play an important role in your life, uh, are very proud of you as well. So we've got an award, it's called the Student Leadership Award, and it reads as follows (reads award) So, Jocelyn, want to hand this to you and let me shake your hand, and congratulate you, and this is what I tell everybody — you can go home and do your homework tonight (laughter) or you can stick around and watch the meeting! (laughs) Congratulations! (applause) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 3 ITEM 3. SPECIAL PRESENTATION ITEM 3a MidAmerican Energy Award to Animal Care and Adoption Center Hayek: Item 3 is a special presentation ... from, uh, it's ... it's the MidAmerican Energy Award, which is going to be given to the Animal Care and Adoption Center. Karr: Here representing MidAmerican is Brian Gibbs. Gibbs: Good evening! My name is Brian Gibbs. I'm a Key Account Manager with MidAmerican Energy and tonight I get to do one of the most enjoyable things in my job and that's to bring you some money! Soon behalf of MidAmerican Energy, uh, we would like to present a check to the City of Iowa City in the amount of $21,351 and this is for your participation in MidAmerican Energy's Commercial New Construction Program, and as a result of the planning and design of your animal adoption facility and some of the energy, uh, efficiency initiatives you've put into that, uh, we're proud to present this as a rebate incentive back to you. Uh, we figure that the, uh, annual savings being approximated... approximately $11,600 in energy costs and about 154,000 kilowatt hours per year. So ... this was a very good project and congratulations and we look forward to doing many more with you down the road. Karr: Mr. Mayor, when you accept the check, we'll also be represented by the, uh, Supervisor of the Iowa City Animal Shelter, Liz Ford. Ford: Good evening! Wow, it was a ... uh, many years of hard work and planning, and a good help with ... from our architects, Neumann Monson, and Modus and the White Group to make the project a success, and to enable us to have this great check coming to us. So I'm really proud of the facility and all the hard work that we went into it, um, through City staff and all the volunteers and donors and things like that. It's an ... an amazing building and I really look forward to showing it to all of you ... soon! Karr: If you'd like to step up here. Hayek: Well thank you for your comments, both of you, and I just want to....to recognize MidAmerican's important role in the community or a strong partner, uh, an important service provider, uh, and you partnered with us on a very important capital investment — the Animal, uh, Shelter, uh, which has a lot of support in the community, um ... uh, from individuals to institutions like yours. Uh, it was an expensive project, um, and where we are able to achieve some energy efficiencies and save money in the long run, we're glad to do it. Um, and the ... the needs, uh, in this part of our operation will never go away. They will only grow with time as our population grows, and so those energy efficiencies we achieve over the long term are important and as Liz knows, uh, fund raising will be a constant part of the Animal Shelter's, uh, future and anything we can do to defray what they face, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 4 uh, is important. So, on behalf of the City I want to thank MidAmerican (both talking) Congratulations! (applause) Okay, we good? I don't know, is there anyone (mumbled, laughter) Get out the I -phone! Mims: Mr. Mayor, before you move on to the next item, we have one other special presentation that we would like to do at this time. Um, as many people know, we had a City Council, um, election and three of our Members will be leaving, um, at the end of this meeting is their last meeting, and we'll be saying good-bye to everybody at the end of the meeting but we had one special, um, proclamation that we wanted to do for the Mayor tonight. Matt's been here for eight years and has served, um, as Mayor for six. Um, so I'd like to read the following: (reads proclamation) So, Matt, you're free to stick around for the rest of the meeting or go home and do your homework! (laughter and applause) I did not write that! (laughter) Hayek: Thank you! I ... this was a ... a total and complete surprise and I'm at a loss, uh, for words! I appreciate it! Mims: Staff (mumbled) (laughter) Hayek: All right! Throgmorton:... staff humorist! Hayek: Yeah! Mims: I think it was a committee effort as I re ... was informed, so... Hayek: I wasn't that bad at football! (laughter) Thank you! Mims: You're welcome! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 5 ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Mims: So moved. Dobyns: Second. Hayek: Moved by Mims, seconded by Dobyns. Discussion? Roll call, please. ITEM 4d(16) 4 -LANE TO 3 -LANE STREET CONVERSIONS - FIRST AVENUE AND MORMON TREK BOULEVARD — RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SNYDER AND ASSOCIATES, INC. OF CEDAR RAPIDS, IOWA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 4 -LANE TO 3 - LANE STREET CONVERSIONS - FIRST AVENUE (U.S. HIGHWAY 6 TO MALL DRIVE) AND MORMON TREK BOULEVARD (U.S. HIGHWAY 1 TO MELROSE AVENUE) PROJECT Botchway: Actually wait, Matt. I had one question of Ron ... about 4d(16). I know normally do this at the work session but, um ... didn't have the opportunity this time around. Hayek: Sure! Botchway: Um.. just kind of a timetable of, um ... 4d(16). It seemed like, you know, some of the measurements or some of the, uh, data coming (both talking) Hayek: Tell us what that is actually. Botchway: Oh, yeah, 4d(16) is the four -lane to three -lane street conversions, uh, First Avenue, Mormon Trek Boulevard. I don't know if anybody's here from staff to kind of discuss it, but ... um, it just seemed like the timetable really focused on some of the winter months, and I was just wondering from a, kind of a data analysis standpoint, how that would play out because that's a major thoroughfare, um, and could be problematic, you know, obviously in the summer months and more ... more importantly kind of toward the fall. Markus: Staff can respond to that. Havel: Good evening, Jason Havel, City Engineer. You ... you could do me a favor and repeat that, uh, kind of what your question was. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 6 Botchway: Basically it was just centered around, um, the data analysis piece, from a timetable standpoint, really focused on ... kind of January ... or December to January, that they were going to be out doing that type of work. I was just wondering how they were going to build in some consideration for the fall months where it's not snowing or some of the other things, from kind of checking to see, you know, whether or not this is, you know, kind of, uh, assessing the project from that standpoint. Havel: So you're talking about from a data collection standpoint, and ... and a lot of that data collection has already been done. Botchway: Okay. Havel: So a lot of those numbers have already been collected, so really that period would be taking a look at those numbers and doing the analysis and actually seeing what those results would be. But there wouldn't be a lot of data collection, obviously, during the winter months when weather certainly would be a consideration. Botchway: Okay. (both talking) Hayek: ...question answered? Okay! Any further discussion? Roll call, please. Okay, passes. ITEM 4d(9) MY BROTHER'S KEEPER PROGRAM — RESOLUTION DIRECTING THE CITY MANAGER TO REQUEST AN EVALUATION OF THE MY BROTHER'S KEEPER PROGRAM FROM THE CITY MANAGER'S ROUNDTABLE Hayek: Um, did you want to make a motion on that? Jim? Throgmorton: Yeah, I'd like to move that we defer this to our January 5`t' meeting, and I say that partly because Susan and I have talked about it. I think it's probably a good idea, but I think it'd be good to discuss it in the context of our strategic plan, which contains many elements directly related to this, so I ... I just think it'd be good to discuss it in that context. Hayek: So we ... we'll need to get (several talking) treat that as a motion to defer until... January? Throgmorton: January 5t'. Next meeting. Hayek: At the next meeting. (both talking) Do we have a second? Botchway: Second -just to get this (both talking) Hayek: Sure! Okay, moved by Throgrnorton, seconded by Botchway. Discussion? This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 7 Mims: I guess my preference would be ... all that this would do is get it started in terms of, urn ... having the vetting get started with the, uh, City Manager's Diversity Roundtable, and it doesn't, you know, it doesn't commit the ... City Council to anything, but at least it would just get that vetting process started. We still could discuss, you know, how it would fit in with the strategic plan and then if at some point if we are even going to do it, so I guess ... I don't see the need to delay it. This simply gets the vetting process started and I don't think it affects the strategic planning discussion at all. Throgmorton: I think the main thing I believe is that it's crucial to discuss it in the context of the strategic plan, so I ... I'm willing to withdraw the motion, cause I don't want to put too much weight on it, uh, but I think it's really crucial to see it as part of that larger whole. Hayek: I mean I ... I interpreted the motion to direct the City Manager just to float it, almost conversationally within the roundtable environment and come back to the Council with a recommendation of whether he thinks it is worth the Council pursuing. That ... that's how I read it. Mims: Yeah, so I mean (several talking) Markus: ...that's the way it's intended, but I think that ... uh, when you read the program, there's a number of constituent, uh, groups that have to be contacted or participate, and so I think we'd want to reach out to them, but that, uh, Jim, that doesn't preclude us from having the discussion as a part of the strategic plan revisit, uh, when we get to that, as well. So I think both of your concerns can be addressed as a part of that. Throgmorton: Okay, so, um, I ... with, uh ... approval of Kingsley, I'd withdraw the motion. So we could move to approve then. (several talking) Mims: Second. Hayek: Okay, so motion from Throgmorton to, uh... uh, pass 4d(9), uh, and seconded by Mims. Discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 8 ITEM 5. 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 is something that is not on tonight's agenda that you would like to bring to our attention, we invite you to come forward. Our standard practice is to, uh, ask you to sign in, uh, verbally give us your name, and to keep your comments to five minutes or less! Thank you! Balmer: Good evening, Mr. Mayor, Members of the Council, and I'm going to apologize before I comment, because I will be leaving here shortly for a City High event. As many of you know, I'm all City High everything, is uh... athletics, academics, fine arts, etc. So we have a big game tonight against Linn Mar, the boys do, so ... uh, I thought it important to come down this evening and make some comments, um, to acknowledge the Council collectively and the individuals who are leaving. Uh, first of all I wanted to compliment you for the last four years I think of solid leadership. You have been great fiscal stewards of this community, and I think it's a challenge to future councils to continue that endeavor and to uphold that fiscal stewardship — 39 years straight of triple-A bond rating. That's something to be proud of as a community because not many communities have that. Plus the fact you've lowered the City tax rate the last three or four years, without a diminution of services. We still have first class services and ... you have been very fiscally prudent, and I thank all of you for that. Finally, I'd like to acknowledge Ricky Dobyns, Michelle Payne as they leave the Council for their very steady hand the last four years. They've been good, solid independent thinkers, and I think people don't understand the work that goes in to these meetings, just coming to the meetings is a part of it. Obviously there's a lot of preparation, a lot of...lot of detail, and certainly you two have exemplified independent voices that I think have been very important to this community and I thank you both. Finally, uh, Mr. Mayor, as, uh, our native son, uh, you have certainly been an exemplary leader. One who has distinguished yourself, uh, in this role. That's not an easy position to be in and you have, uh, have done a masterful job of it, and uh, we certainly thank you because I've had the opportunity to watch for over 40 years and you're right at the top of the class and I know you're going to continue to be involved in this community, going forward, uh, in many productive ways. So I want to thank you and uh, wish the rest of the Council well. Thank you. Hayek: Thank you for your comments. Reedus: Good evening, I'm Becci Reedus with the Crisis Center of Johnson County, and um, I'm here to thank the City of Iowa City for its support, share, um, our annual report, which I did leave with the, uh, City Clerk. Um, I want to thank, uh, Mayor Pro Tem Susan Mims for coming by the Crisis Center yesterday I think that was, um, for 28`h annual Project Holiday. She, um, handed out the first turkey. We're This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 9 thinking about pardoning the turkey next year maybe, but we do have some to- furkeys that we give away to, uh, clients also. Mims: It's a little late to pardon him! (laughter) Reedus: I know! (laughs, both talking) So ... (laughs) ... um, this year we'll serve, um, more than 1,500 Johnson County residents through Project Holiday. Um, our budget, uh, is about $28,000 for that, uh, single meal. We have distributions in Coralville and North Li ... Liberty also. So we're happy to say that we continue on our plate of, uh, collaborating and coordinating with other pantries in the county. Um, I just want to give a brief update, um, on the Crisis Center's activities for the past, um, fiscal year. Um, in ... for the crisis intervention telephone line, we answered more than 12,000 calls. For the crisis chat service, we answered more than, uh, 6,000 chats. Um, we, um, provided more than 52,000 food assists, um, in Johnson County and that represents about a 51 % increase in the past five years. That continues to be a .... a high concern of the Crisis Center, meeting the needs of individuals. Um, we also did more than a thousand, uh, emergency assists, with about 900 of those being rent and utility assistance, which has a better than 90%, um, outcome of keeping people in their homes in between, um, visits to the Crisis Center, which means that $100 assist can sometimes make the difference of keeping somebody in the home, um, between homelessness. Um, I would, uh, like to, uh, talk a little bit about, um ... uh, just some collaborations, and I'm going to try and get this done in the five minutes. Um, we continue to work, um, with collaborating with other pantries, um, in the county and through the Hunger Task Force, which has been, um, meeting for more than a year now, we uh, did a point - of -time survey, um, with pantry clients in all pantries of Johnson County, and some of the disturbing facts that we're seeing are that, um ... the individuals, the families that come into our pantries, um, about 80% of them are spending more than 50% of their monthly income on housing costs. Industry standards tell us that, uh, about 30% is what ... the threshold we should be meeting and so that indicates the need for increased services. About half of the clients who may be eligible for SNAP benefits, the supplemental, uh, nutrition program benefits, are having difficulty with the red tape in getting those benefits. So they're ... they have an increased need in the amount of food. Uh, we saw 1,400 new families come to the Crisis Center alone last year and we're not even talking about some of the other, um, pantries and ... and the increases they've seen. Um, it is a continual, um, problem in our community. We continue to try and find ways in which to address the problems, but we're seeing individuals who are coming a bit more often for food and who are taking more food to meet the needs of their families. Um, for anybody who would like to see the annual report for the Crisis Center, you can go to jccrisiscenter.org and the annual report is on our web site. Uh, contact me if you have any questions. I would like to thank the City of Iowa City through Aid to Agencies, um, the Crisis Center gets $40,000 and that money goes directly into the program operation for emergency assistance program. So that we are able to ... to take donations and use other funds to, uh, provide direct assistance to those individuals. We count on those funds every year. Um, if we did not get those This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 10 funds, obviously that program would have some difficulty with the number of emergency assistance, which probably would be reduced. Um, and ... or we may have to cut some other, uh, areas. So the support is vital and I want to thank each and every one of you for the support that you give, um, to the Crisis Center, um, at a...at...at the level of Iowa City and also personal level, and thank you each and every one of you. Matt, it's been a pleasure, um, your support of the Crisis Center too. Thank you. Hayek: Thank you, Becci. Thanks for what you do for the community. Karr: Motion to accept the annual report. Botchway: So moved. Mims: Second. Hayek: Moved by Botchway, seconded by Mims. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7-0. Baker: I have to wave at my wife first! (laughter) My name's Larry Baker. I live at 1217 Rochester Avenue. Um ... I'd like to take a few minutes to thank various Council Members and have a comment about your service. Um, I have this written down. It's 790 words. So there is an end to it and the ... the tip off will be I finish with Jim. So when I start talking about Jim, you'll know that I'm near the end! (laughter) Matt, you're next to last. All right! In the past, at the end of a Council year, former Council Members would often come and thank the outgoing Members for their service. John Balmer's done it for many years and in fact he was the reason, uh, I started doing it a few years ago myself, although I do know for a fact that John was a little bit misleading in his statement. He actually had to get home to watch the Republican debate. (laughter) So, my purpose here tonight is to thank you. I've done it before, but I'm revising some of my previous comments to fit this particular occasion. I'm here to thank Michelle and Rick and Matt for their service, and to congratulate Jim on his re-election. But I want to begin with my first amendment to my usual statement. I'm not thanking you for 100% of your service. I've said it before in the past many times ... that 95% of what the Council does can be done by a trained monkey. That work does not require a doctor, a lawyer, or an academic. That rule still stands, but with the clarification that I meant a trained monkey who could read a staff report, and as you all know, sometimes a Council Member does not even read the reports, but still seems to be doing his or her job, but none of you fit that slacker category. You have all worked more than your fair share. I am thanking you for the other 5%. The 5% of issues that require more than simply reading a staff report. The 5% that require you to possess and exercise the real talents and skills that you brought to the Council. You can all pick your own examples of those issues, but you do know what I mean. And it does not require that I agree with you or that your position actually won. You deserve thanks. And those are the issues about This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 11 which your individual presence on the Council made a difference. Your commitment to the public good. Your intelligence. Your patience, and your insight. The work of this city would not have been the same without your participation. And that, your unique perspective and your willingness to share it, that is what I thank you for. We have all had moments of intense pleasure from your time on the Council, and also moments of extreme frustration, and as a former Council Member, let me tell you about a skill I have and which you will have too. You will be able to watch a future meeting on TV or see another Council Member in public being harangued by a constituent. You will look at the Council Member's face and read his or her mind, because you will remember your own experiences when you thought ... but exercised the important judgment to not say'You, ma'am, are an idiot!' (laughter) Or...'You, sir, are a fla... just a second (laughter) Or 'You, sir, are a flaming body orifice!' (laughter) So for your maturity and grace under pressure, I thank you! It is sometimes a thankless position to be a representative of the people. Which leads to the most bittersweet task for me here tonight. Winning and serving are the upside to politics. Losing is the downside. We all want to exit on our own terms, but sometimes we don't. So for Michelle and Rick, let me offer some solace in the form of the immortal words of Bob Vevera, surely not original with him, but always apt at the moment when somebody asks how it feels to lose an election. In 1981, Bob lost to Clemens Erdahl on a highly contested race, and Bob's insight, profound insight, 'The people have spoken, the bastards!' (laughter) Trust me, I know the feeling, and it eventually goes away. I've been told! (laughter) But life goes on. Hayek: Mr. Baker (both talking) Baker: ...continue to find (both talking) Hayek: ...five minutes, sir, so we will need (both talking) Baker: ...time and energy to contribute to the civic life (both talking) Oh, you're not getting out of this! (both talking) ...Iowa City and other areas, you are too valuable to disappear from the constant effort required to make this a better community, and of course you can always write a book about your experiences, but I do not recommend it. Matt! Mr. Mayor. Your Honor. You have served two notable terms and excelled for your irrational support of a financial boondoggle, I'm talking about red light cameras. I have always been a fan of yours. Four years ago you told me that you would not seek a third term. Your recognition then that this Council is not meant to be a career, nor is it conducive to long-term personal, for lack of a better word, sanity, is a lesson I hope others will note. I'm looking at the rest of you up there. However, Matt, if you ever do get stricken with the bug to run for any other political office in the future, please consider hiring me as your speech writer, guest opinion writer, or media guru. I can help! Hayek: Wrap it up, sir! (several talking and laughing) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 12 Baker: One quick comment for Jim! In addition to congratulations! One of your goals in the next four years besides (mumbled) at TIFs, etc., ought to be finally to laugh at one of my jokes! Throgmorton: Never! (laughter) Baker: You, sir, are the toughest audience I have ever had. So, in closing, thanks again very much, to those going off the Council, those remaining, and to those new Members who will discover that serving in office is much different than running for office. Thank you and take care. Hayek: Thank you for the comments! Beadleston: Hi, my name is Joy Beadleston and I do want to thank the, um, incoming, uh, or outgoing Council Members. Um, it's been a pleasure working with all of you and I look forward to what you're going to do next. Hopefully in the community it'll be outstanding, and also the incoming, um, Council Members. I'm hoping it's going to be an exciting year of a lot of change that's positive and ... and very, uh, welcome in the community, and so to start I just want to say in every community there is work to be done. In every nation there are wounds to heal. In every heart there is the power to do it, and that's by Mary Ann Williamson. Um, I do want to ask as leaders of the community, yourselves and the rest of the leaders in our community that we stand up for people, urn ... that are being harassed, um, with hate rhetoric in the nation. Um, as a native of Iowa, of West Des Moines and now Iowa City, um, I have had the great pleasure of being like the United Nations of my family because I have a lot of background, as I've talked about before. I have European background and Syrian -Lebanese background, and I have worked, um... intensely with my family, which is very large, and um, the Bosnian community in Des Moines. I worked with the first incoming refugees from Bosnia and continued for the next four groups that came in, and then I was actually recruited, uh, to move to Illinois to work, um, in a bigger scale internationally with, uh, trying to end the war in Bosnia. Um, I worked with tons of NGOs (laughs) in pretty much every mosque in the United States, and um... I'm very saddened to, uh, hear of a lot of attacks against mosques and, um, communities and... especially Muslim women. I want to, um, say ... and I think as a community we need to stand, um, we're a diverse, uh, city here and we need to recognize that a lot of people, even though we're ... the students are going away for the holidays, it's very hard on them right now with all the rhetoric that's out there. We should really stand that our candidates, uh, step up and start talking responsibly and we have a lot of power in this community to do that and I think, um, you know, it'd be really great if, as leaders, that all of you join with the United ... the University of Iowa Human Rights in signing, uh, petitions or documents just stating that you don't support this kind of hateful rhetoric. It produces crimes and injustices against all people of diversity, not just Muslims This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 13 and not just, you know, certain groups. It'll spread and so we don't want to participate in that. So I hope that you take on that request. Thank you. Hayek: Thank you for your comments. Quellhorst: Good evening, I'm Nancy Quellhorst and on behalf of the Iowa City Area Chamber of Commerce I want to thank all of you for your hard work this year. Uh, especially want to recognize, uh, Councilman, uh, Dobyns and uh, Councilor Payne and Mayor Hayek. Uh, you leave behind a really important legacy. We have a cleaner, safer downtown because of the hard work that you did, um, the 21 -ordinance. We have a rapidly growing, uh ... Riverfront Crossings area because of the work that you've done. We have facade improvements downtown and a restored Towncrest. Uh, we have the financial solvency that people have mentioned before me, and, uh, Mr. Mayor, I'd like to say most importantly, I think, uh, your model of civility, uh, is ... has been inspiring to all of us, so thank you very much for all you've done. We really appreciate it. Hayek: Thank you for your comments. Anyone else? Okay! We will move on. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 14 ITEM 6. PLANNING AND ZONING MATTERS ITEM 6a REZONING CARDINAL POINTE WEST — ORDINANCE REZONING 16.18 ACRES LOCATED SOUTH OF KENNEDY PARKWAY AND WEST OF CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP) ZONE TO LOW DENSITY SINGLE FAMILY (RS -5) ZONE. (REZ15-00018) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte communications to disclose? Mr. Yapp! Yapp: Uh, good evening, Mayor, Members of Council. (coughing) Excuse me! Uh, this property is located on the south side of Kennedy Parkway, uh, extended. Although not shown on the aerial photograph, Kennedy Parkway is extended, uh, to the border of the property under consideration for rezoning. Uh, to orient you, Borlaug Elementary School is just on the east side of Camp Cardinal Boulevard, uh, on the north side of Kennedy Parkway. Uh, the property is currently zoned Interim Development Research Park. Uh, when planning for this general corridor was first done, the, uh, thought was that much of the property would be office or research park. Uh, since that time, and as reflected in the Comprehensive Plan, uh, demand for office and research park development has not been strong, uh, in this area and the Comprehensive Plan also contemplates, uh, residential, uh, for this corridor. This is a view, uh... of the property. Much of the property proposed for development is property that's already been cleared and, uh, farmed in the past. Uh, this is a concept plan for the larger, uh, development contemplated, uh, for the property. The wooded ravines, uh, and slopes on the property are proposed to be undisturbed, uh, and actually will help serve as a buffer, uh, from the development between Highway 218, uh, and Camp Cardinal Boulevard. What's under consideration tonight is a single-family zoning, uh, for the first phase of the project on the south side of Kennedy Parkway. Uh, the larger project, uh, includes townhouse style development and multi -family, uh, development. Uh, this is a view of the ... uh... preliminary plat that is forthcoming for the first phase of the development, with Kennedy Parkway along the north side, uh, loop street serving single-family lots. Excuse me! Uh, and another, uh, stubbed street also for single-family. Uh, in summary, the property is within City limits. Uh, the Comprehensive Plan (clears throat) excuse me, encourages conservation design. Uh, the request for tonight is for approximately 16 acre ... acres of single-family residential and the concept plan for the larger property includes townhouse, multi -family, uh, and single-family development. Uh, staff and the Planning and Zoning Commission have recommended approval. Hayek: Questions for John? This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 15 Throgmorton: John, can you talk about kids crossing the street going to Borlaug Elementary? What ... what, uh, are there thoughts about how to facilitate that so that it .... so there's no danger, hazard or whatever to any children? Yapp: We've done some preliminary, uh, looked at the traffic counts for Kennedy Parkway and Camp Cardinal, uh, and an always -stop or a traffic signal is not justified, uh, at this time. Uh, we will be talking to the school about a crossing guard. Throgmorton: I understand about the traffic count and I wouldn't argue for installing a stop sign or anything like that at the moment, but ... uh, it just does strike me that if Af parents are trying to walk their kids across the street, I don't know how many ... I don't know how many kids there would be, but that could be hazardous because, uh, what's the speed limit there? On Camp Cardinal Road? (several talking) Yapp: I believe it's 35 miles per hour (several talking) Throgmorton: Yeah, so...it...it...some attention needs to be paid to that it seems to me. Dobyns: John, can you give an example of another major arterial where the, uh, children need to cross to an elementary, um, I'm .... guess I'm thinking of, uh, like Court Street over to Hoover. Any number of areas and what the School District and City have collaborated in, uh, those areas. Yapp: Uh, in a variety of ways, sometimes a crossing guard, sometimes warning signs, uh... school route crosswalks and crosswalk warning signs are typical methods. Dobyns: And what have been the problems of those crossings over major arterials in the last 10 to 20 years? Have we had any injuries? Yapp: On ... on rare occasions there have been. Dobyns: Okay. Yapp: Yes. Dobyns: All right. And is it a problem with the, I mean I realize this is a question out of turn, but ... um, have there been any, uh, thoughts that maybe ... I mean, is there anything else that we can do. Um, I don't ... I can't see anything other than having them cross the street. Yapp: Yeah, without .... I'd have to come back to you with ... with examples. Dobyns: Okay. But again, the point of Jim's issue is that I think there is some, uh, say from not building on the west side of Camp Cardinal Road, Jim, I'm not so sure This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 16 there's a solution. I ... I suspect you're getting at something, but ... I mean, this is not the first arterial that we have, uh... had crossing guards help children across. So... Throgmorton: Yeah, I'm not trying to wave big red flags. I just find myself thinking about children trying to cross the road. Dobyns: Okay (both talking) Hayek: Any further questions for John? Anyone from the audience? Waddilove: Uh, good evening, Council. Uh, my name is Jerry Waddilove and I work at Southgate Companies. In my role at Southgate Companies, I act as the Chief Operating Officer. Uh, we are a developers in our community in Iowa City and the surrounding area, and we are looking to develop this area in Cardinal Pointe West and we hope to be able to pro ... provide quality housing, uh, in our community for those that are living in our community. Uh, one of the things I guess to address Jim's question. As the developer, we have the same concern, so we would like to work with the School Board, uh, as well as ... sorry, not the School Board but the PTO, uh, to request a traffic signal at the intersection of Camp Cardinal Boulevard and Kennedy Parkway to be able to provide a safe ... uh, travel for children that are going to be living in this neighborhood. Uh, one of the other questions that I think has been brought up at the staff report level was the walkability of this neighborhood and as much as we try to make this neighborhood walkable, the topography makes it challenging. So, uh... you know, as much as we say that we want to try to get out of our cars, it's going to be difficult to do that in this neighborhood. So we think what we've been, uh, doing here and what you can see in the concept plan is that we're looking to provide a multitude of different types of housing, uh, so that different individuals can live in this neighborhood. So we'd like to ask you to consider this for approval. Thank you. Hayek: Thank you, Jerry. Anyone else from the audience? Okay! Uh, before I close the public hearing I need to take the Council's temperature. Is there anyone who is inclined to go against the P&Z recommendation? Okay, doesn't look like that's the case. I will close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Roll call, please. Passes 7- 0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 17 ITEM 6b REZONING 600 BLOCK OF S. DUBUQUE STREET — ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.03 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS - CENTRAL CROSSINGS (RFC - CX) ZONE LOCATED AT 602, 604, 608, 610, 614, 620, 628 SOUTH DUBUQUE STREET. (REZ15-00020) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Any ex parte communications to disclose? Mims: Yes! I had a conversation within the last two or three days with Kevin Digmann. Kevin called me just to talk about the project, kind of gauge my support at that point, and just to ask if I knew of any, uh, additional information that either I wanted or that any other, um, Council Members might want in terms of their considering the project. Hayek: Okay. Anybody else? John! Yapp: Uh, as noted, the request for rezoning is on the east side of Dubuque Street, south of Prentiss Street. Uh, the property is currently zoned Community Commercial, which is primarily a retail zone. Uh, the Community Commercial zone is characterized by low -scale commercial buildings. No specific location standards for buildings and parking, other than standard set -backs. Uh, no specific design standards, and residential apartments allowed above commercial space only by special exception. Uh, in contrast, the, uh, zoning that is requested is the Riverfront Crossings, uh, Central Crossings zone. This property is in the Riverfront Crossings District. Uh, the Riverfront Crossings zone is much more of a mixed-use zone. It allows a broad mix of commercial and residential uses. Uh, the maximum height, uh, when there's no height bonus granted is four stories in this particular district, with a step -back at ... above the third story. Uh, the southern half of this block is a designated, uh, retail frontage. Uh, for the remainder of the block, residential building types would be allowed and there are a significant, uh, number of building design standards through the Riverfront Crossings form -based code, uh, including the facade, uh, minimum window coverage and design, entranceway and frontage standards, building material standards, awning and canopy standards, and mechanical equipment location standards. Uh, just to give you a brief, uh, flavor of some of these standards, uh, are that building and parking location is more strictly controlled... in the Riverfront Crossings District. Uh, requiring buildings to be, uh, closer to the, uh, front of the property and the sidewalk. Uh, much more emphasis on the building's frontage, uh, condition, as it's the frontage of the building that helps define the public space in the public right-of-way corridor. Uh, there are general requirements regarding streetscape, uh, and set -back improvements, and the relationship of the front of the building, uh, to the public right-of-way and the sidewalk and the landscaping in between This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 18 the sidewalk and the street. Uh, building design standards as noted, uh, regarding articulation, entranceways, materials, roof design, and even signage. Uh, and some general requirements regarding the public and, uh, what I'd like you to focus on is pedestrian streets and the image ... uh, the lower image, uh, shows a pedestrian street, uh, and what it might look like. Riverfront Crossings, uh, District is also the, uh, only district that allows multi -family zoning where we have an open space requirement associated with multi -family, uh, development. We reviewed the, uh, proposal and through several public meetings with the Planning and Zoning Commission, uh, in accordance with some of the goals of the Riverfront Crossings' plan. Uh, some of the goals in this district include contextual in -fill, uh, leveraging future investments in transit through transit - oriented development. This property, uh, is ... adjacent to, uh, the rail line. Uh, opportunities to restore and enhance conditions along Ralston Creek. Providing a mix of residential and retail uses, and promoting new housing options. Uh, through discussions with the applicant, and this is a, uh, plan view image of their proposal, one of the ... the things staff recommended and the applicant, uh, fully agreed to is a pedestrian street in between two buildings, uh, proposed on the property. Uh, there would be a full, uh, pedestrian street with a minimum of 35 - feet wide in between the two buildings, uh, that would be open for use of the, uh, residents of the ... of the buildings and others. Oops, excuse me! And a ... a more private, uh, pedestrian street, uh, at the rear of one of the buildings. Uh, this is an image of the, uh... conceptual image of the proposed buildings, uh, on this property, with the, uh, pedestrian street in between. One of the things, uh, as we reviewed this project and as ... and as I think the Planning and Zoning Commission reviewed this project is that it would be a more ... more contectual ... contextual, excuse me, to the neighborhood, uh... if...with this project split in ... in between two buildings, as opposed to one, uh, block -long, uh, building. So staff has recommended approval, uh, subject to a condition that a mid -block, shared, usable open space is required in between, uh, the buildings, that this mid -block space must be 35 -feet wide and designed as a pedestrian street, uh, and that courtyard space between the building wings also be a minimum of 35 -feet in width and designed as usable open space. Uh, the Planning and Zoning Commission recommended approval by a vote of 4 to 1. Be glad to take any questions. Mims: John, I have a question. Would the ... would the conditional zoning agreement, um ... says that, uh... the redevelopment of the above-described property shall be in general conformance with the attached conceptual site plan. Can that be interpreted as such that they cannot go higher than the four stories shown in the conceptual plan? Yapp: Not without an additional level of review and approval. That's correct. That's because of the ... the height limit is four stories. Mims: Right. Yapp: Uh, so that's more the, uh, regulatory factor in this case. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 19 Mims: I guess my question gets ... I guess my question gets to ... when a developer submits a ... a conceptual site plan, and we've got a ... uh, we've got the conditional zoning agreement to do the rezoning ... how much flexibility, I mean ... this shows it as a four-story building. Yapp: That's correct. Mims: And that's how P&Z looked at it. Do ... do you get where I'm coming from? I mean, could they still come back, even with the ... even with the additional review at the staff level and ask for a bonus height based on ... the criteria within the Riverfront Crossings District? Yapp: I would say in this case, because of the concept plan we've received and have reviewed ... if the developer proposed that we would say well then ... you should go back through the review pr ... the public review process. Mims: Okay. That's what I was trying to (both talking) Throgmorton: So let ... let me make sure I'm tracking this. If I remember rightly, there's a level one and a level two review process, uh, with regard to density bonuses? Yapp: Height bonuses, yes. Throgmorton: Height bonuses, right. So if I hear you correctly, you're wondering about whether there might be a height bonus coming downstream, uh... Mims: (both talking) Right, just ... given what the conditional zoning agreement is, and the concept that's shown to us ... my question is, is there still flexibility within there for the developer then to come back to staff and say we would like to apply for a height bonus. Yapp: And I would say ... because of the mass and scale of the project that was reviewed in the public, I would say that should go ... go back through the public review process. Dilkes: There'd need to be an amendment to the CZA. Mims: Okay. Thank you, Eleanor. Hayek: (mumbled) ...has not been signed yet but it ... has to be signed by the third reading. (several talking) It has been signed? Dilkes: (mumbled) ...be signed before you close the (both talking) Hayek: Oh, that's right! That's right. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 20 Throgmorton: Yeah, I think that's... that's an important fact to ... to be aware of, but I ... I didn't know that we would have to go through back ... back through the, uh, rezoning process (both talking) Dilkes: ...think what John is saying is he wouldn't find that to be in substantial compliance with the concept plan. If it went up an additional story, and therefore it wouldn't comply with the CZA. Yapp: No, I'm saying that ... because of the ... because of this mass and scale of a building tied to the CZA, my thought is that it would have to go back through the public process. Dilkes: That's what I (both talking) Yapp: Okay! Yes. (several talking) Throgmorton:... this actually relates to a question I was going to ask you, John. It comes out of the Commission's, uh, public hearings and their discussion. And it has to do with the possibility of granting ... the possibility of granting density bonuses for any kind of affordable housing that would be built into the project, uh, or ... well, that's the main thing I'm thinking about. So ... have there been discussions... between the staff and, uh, the developer... about the possibility of, uh... uh, granting a density bonus for the inclusion of certain amount of affordable housing, within this project? Yapp: Not in the context of density bonuses, no. Uh, there has been discussion though of as we, uh, develop the affordable housing ordinance for Riverfront Crossings, uh, it would apply to this property ... if the project is not constructed yet. Throgmorton: Even if it's been rezoned, but... construction has not begun (both talking) Yapp: I can't answer that specifically because we don't have the affordable housing ordinance in front of us, but we have talked to the applicant about that possibility, yes. But, um, my ... my understanding from talking with the applicant, they do not intend to ... request any additional height ... and I ... we can ask the applicant to confirm that. Hayek: One thing you might want to do before the second reading, assuming it passes this evening, is, um ... verify what exactly the attachment to the CZA is, um ... and I say that because, uh... what's right behind the CZA is an aerial view, which is a couple of slides back ... I think, um ... and then you get into the staff report and then there's some other... sketches I'll call them, um, that may or may not be part of the CZA. So, um... Dilkes: I think it's the one you're looking at ... on the screen. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 21 Hayek: Right. So to answer Jim and Susan's question, I mean, that sketch does not per se depict the number of stories, so...just...just a point of clarification. Throgmorton: But there are some other renderings or whatever the correct architectural term is that appear in the record. Hayek: Yeah but ... but, see the general conformity language of the CZA, and I'm trying to pull it up on my slow iPad here is ... shall be in general conformance with the attached conceptual site plan. Throgmorton: Right. Hayek: So what's attached matters. Throgmorton: Right. Dilkes: And ... and that is what's attached. Hayek: Okay. So ... anyway, just pointing that out. Any other questions for John? Payne: I have a question. What could they build on this property if the zoning wasn't granted? Yapp: Uh... well it's Community Commercial zone, so a maximum 35 -foot tall building. Uh, it would be required to have retail or office on the first floor. Uh, through a special exception, uh, the owner could be permitted to have residential on the second, uh, floor, up to a maximum of 35 -feet. We estimated, uh, potential for about 15 apartments. Payne: With what density? How many bedrooms? Yapp: Um ... it ... a mix of...of bedrooms. I ... we didn't get into that level of detail. Payne: Okay. Yapp: But ... we estimated approximately 15 apartments. Payne: So is that, I mean, three -bedrooms each or one -bedroom each? (both talking) Yapp: Could be three -bedrooms each, if there was enough parking on-site to, uh, allow it. Payne: Okay. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 22 Botchway: I guess more back to Jim's question, when you were asking about affordable housing and whether or not that would provide, you know, a den... additional density bonuses. My question is ... is I guess kind of correlates to that, is whether or not, I mean, you said that the affordable housing, or inclusionary zoning ordinance, hadn't been prepared yet from the standpoint of (both talking) Yapp: We're ... we're in the process, yeah. Botchway: So I guess ... that's been taken into the consideration by the developer? Yapp: Of the potential, yes. Botchway: Okay. Payne: But if they'd already applied for a building permit, before it got passed... Dilkes: If they had substantial construction or started construction, the new ordi ... zoning ordinance would not (mumbled) Botchway: I mean I guess I ... I'm a little worried about it, to be honest with you, because... Payne: The way it is right now there's no affordable housing, unless they agree to it on their own (laughs) Botchway: That's my issue, I mean, I ... I guess I was trying to get to that point. You weren't rockin' there with me at all (laughs) but urn ... I don't know, I got to say I have questions for the developer, I mean, I just want to ... I kind of want to talk through that part (several talking) Throgmorton: Let me ask a question that kind of follows up on that point. Uh... I don't know, you were on the verge of speaking, Matt. I... Hayek: No, go ahead, Jim! Throgmorton: Um ... am I remembering correctly that the, uh, the inclusionary housing ordinance that we conceptually talked about ... would require that any residential development ... uh, proposing a rezoning from whatever the current zoning is to a Riverfront Crossings zone would have to include, I don't know if it was 10 or 15%, uh, of its units, uh... 10 to 15% of its units would have to be ... have to meet the affordability criterion. Am I remembering that correctly (both talking) Yapp: For properties that have a Riverfront Crossings zone designation, yes. Throgmorton: Right. I think I ... I think I understood ... I mean understand that correctly, yeah. Okay. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 23 Yapp: The distinction is many ... most of the properties in the Riverfront Crossings District are not yet zoned the Riverfront Crossings designation. Hayek: Okay, so we're still in a public hearing here, so if there are questions that this group wants to pose, now is the time to do it, whether it's of, uh, staff or the applicant. Throgmorton: I ... I think I should ask, uh, another question that relates to ... uh, dis... discussion that took place on the part of the Planning and Zoning Commissioners and it has to do with, um ... uh... dislocated business owners and ... and about whether there ... there might be ... certain incentives or ... some kind of financial tool or whatever provided to facilitate movement of those dislocated businesses or relocation of those dislocated businesses. Uh, my recollection is that the Planning and Zoning Commissioners set that side ... to the side as not being really a ... a matter for the ... for the rezoning conversation, but here at this level it seems to me we ought to at least bring it up and consider what's available, what kind of tools are available for providing assistance, and then secondly, whether any of the businesses that are going to be, uh, forced to move want or even need, uh, relocation assistance, and ... and of course we don't know that unless somebody tells us that they want or need, uh, assistance. Just trying to get (both talking) Yapp: Yeah, after that discussion at Planning and Zoning, uh, I did discuss this with, uh, Tracy Hightshoe, Community Development, uh, Coordinator. There ... we do have a micro -enterprise, uh, program that has, uh, limited amounts of funds in it and a limited funding award. Uh, I believe $5,000. Uh, there's also the potential for community development block grant funds, uh... for business assistance, for businesses that serve, uh... lower-income employees. Uh....as far as a specific funding program to assist businesses that are, uh, dislocated, for lack of a better word, Iowa City does not have such a specific program. Uh, there are economic development funds available in general. For example, on your Consent Calendar tonight, uh, there was a funding award to Little Village, uh, who is locating in the Riverfront Crossings District. Hayek: Across the street. Yapp: (several talking) Yes. Uh, but we do not have a specific funding program oriented toward businesses affected by redevelopment. Hayek: Okay, so let's ... let's exhaust our questions here during the public hearing. We also need to hear from ... anyone who wishes to address us. So do you want to keep asking questions or should I invite (both talking) Throgmorton: No, no (both talking) Hayek: So ... anyone from the audience would like to weigh in on this we follow the same protocol, uh... This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 24 Beadleston: Hi, uh, Joy Beadleston. I did want to ask if it's the area I'm thinking of, um, the transit ... is pretty scary there (laughs) Um ... there's no bus shelter in that area and it's located in a really, a vulnerable space for winter weather in Iowa and I wanted to ask if he's really looked at the transit situation to that area. Also it looks like they actually have trees and some nice landscaping that they should ... or have they considered the lighting. Is it going to be good? Is there going to be a lot of people, and of course the biggest thing is the affordable housing because I worked with people that had to sell their plasma to be able to afford their rent or, you know, pay for their medicine for the month, you know, and ... and in Iowa City we really need to have more affor ... affordable housing and housing that's, you know, nice and doesn't look like Cabrini-Green or something, you know, it actually has landscaping and maybe, you know, nice place for people to enjoy, not some cracker box. So I just wondered ... if he's touched on the lighting, the transportation, things like that, and of course, the aff...the affordable housing is crucial. Hayek: Thank you. Digmann: Uh, hi, I'm Kevin Digmann with Hodge Construction, uh, part of the group that's made application here. Um, first off I wanted to ... you know, as far as the CZA goes, I mean if you can add that, that we would not go above four stories unless we back through the process, we have no problems with that. We don't intend to go over that. So, and just to walk you through the plan, our concept, uh, ideas, you know, you have two separate buildings. We plan on doing the L-shaped building first. We hope to start that next ... late, that next spring, have that be done. On the south side, um, the ... the, uh, U-shaped building I guess I'll call it, um, that's one we have, you know, we extended the folks' leases until, um, 17. We're ... we're just assuming that ... and we've been working with them to try to, you know, find some locations for 'em, so we ... we do want to do that. Um, as far as the ... the buildings and the design goes, obviously if you look at the Riverfront Crossings standards and some of the pictures John shows, it really matches a lot of the design we came up with. We've worked, uh, had several meetings with the City to come up with this courtyard idea, which ... which we're very happy about. Um, just to kind of walk you through the flow, you know, the L-shaped building, both the buildings kind of have a ... their main entrance will be off the courtyard, so to speak, so it'll kind of pri ... more of a private entrance for 'em. On the north building, those front three units will actually have kind of like a brick stone, where they can walk into their own unit potentially there and maybe have a back door. On the south building, the red area or the orange color would be all commercial space, so we're gonna add commercial space back into the project. So, and then as far as affordable... ability, obviously you know whatever, you know, if it gets passed, you know, we'll comply with it. Um, as we go through the process, you know, if there's... there's something that we can do in the ... the project makes sense economically we could do it. Otherwise I mean we know there's economic situations where the City could do some ... some TIF, if we want to call This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 25 it that, to help with some affordable housing type units, but at this point we haven't pursued any of that. (mumbled) obviously have to get the zoning changed first so we could then spend the funds to do our cost analysis and do our, you know, take the project further down the line. So ... be happy to answer any questions with it. (mumbled) Hayek: Any questions? Botchway: I guess for me Kevin's kind of answered it from the standpoint when you were talking about the affordable housing piece. I mean I'm a little ... I mean I'll be honest with you, this is ... it's tough for me from that standpoint because, you know, this is a new development in that area. We had already kind of prior talked about making sure that we had affordable housing linked to that and I know that, you know, we're coming upon, you know, trying to get that ordinance in the works, but... it's... it's a struggle, because I mean it's ... it's one of those things where it's a new development and now it's coming before us and ... I ... I almost want to, you know, I don't want to say that. I guess I'm just ... I'm worried about us approving this and then it being a new development that doesn't have that affordable housing piece tied to it, and that's... that's just kind of my problem I guess. Digmann: Sure! And I ... and I think with any of these projects come along, I mean, construction prices aren't going down. So I think with every project that comes along like this, I mean, you know, everybody has to look at what a project costs and how the numbers are and the rents have to work and those things. So, I think affordability, it's kind of a give and take through the City and the developers to kind of come up with a plan that we can do it and it just can't be forced on everybody without the City being able to assist in it. I think if you got some of that assistance, I think people are more than happy to ... to try to do it, cause I think it's ... it's good for diversity and ... and getting other people involved. Payne: Isn't that the same thing we've talked about, that ... if there's no incentive, why would they do it? Cause it's not going to ... their cash, they're not going to cash flow without an incentive! Botchway: No, and I agree. I guess ... one of the things that I thought, you know, would come about just from the ordinance, just kind of a greater discussion up until this point. Payne: Or it's just gonna stop construction. Hayek: Well let's... let's ... let's ... (both talking) Payne: Reality! Hayek: ...advocacy from ... from questions. We're still in an open public hearing. So let's try to (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 26 Payne: Sorry! (several talking) Hayek: ...questions (several talking) Digmann: ...volunteering at the Habitat house, working there. So we understand the needs of the community and we're obviously willing to work, you know, whatever it is to make the project successful for everybody that ... that needs to. I just ... to force it on is a ... kind of a hard thing and ... but if the ordinances get passed accordingly before we do anything, clearly the first project may get started before anything, but the second phase of this will ... will obviously be subject for sure to whatever's on the books at that time I would think. So ... and ... and the one thing, I mean obviously you guys know the site, but you know it's a big site. The problem is it falls like 22 -feet from top to bottom, so this is a ... a development on this site that will really maximize, I mean, the current assessed value of the whole property right now's maybe a million bucks, I mean, you're looking at $10 million project with very little City, you know, ongoing maintenance. There's no streets to plow. There's no trash to pick up. I mean, everything will be self -supported by us. So, it's kind of a money-maker for the City too. Payne: And it's in -fill development. Digmann: Exactly! Hayek: Thanks! Digmann: Thanks! Hayek: This is a public hearing, if anyone else wishes to address the Council. Okay, before I close the hearing let me take everyone's temperature. Is the, uh, Council inclined to go with the ... P&Z recommendation? (several responding) Anybody against? Botchway: I mean I'm struggling, because I feel like this is kind of what we were trying to set ourself up to do but ... I mean I'm kind of (mumbled) to have a (several talking) Hayek: Yeah, well we have ... we have five, so I don't think I need to vet your opinions any further. Just, uh, to ... to ... to carry out that task. Okay, based on that, uh, temperature I will go ahead and close the ... the public hearing at this time. (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 special formal meeting of December 15, 2015. Page 27 Hayek: Moved by Mims, seconded by Dobyns. Discussion? Mims: With Dickens, but that's okay! (laughter and several talking) Hayek: ... messin' that up for, what, four years now! (laughter) Mims: I ... I will support the project. Um, again I think that, as Michelle mentioned, I think it's great in -fill development, um, I think they've put together a really nice plan, given the complexities of this site and the elevation change, um, the underground parking. I also like the fact that ... the accessibility. Um, I know that was in some of the ... the discussion I think at P&Z. A lot of the... conceptual plans we've seen for a lot of Riverfront Crossings, just very general as we were doing the form -based code, was a lot of these, you know, townhouse type things that had two or three steps in the front and we had people come who, you know, really talked about and concerned about accessibility, um, for people and so the idea that this ... there will be entrances here that will be, um, very accessible I think is ... is a real positive. Kingsley, I hear ya on the ... on the affordable housing, and ... I mean I agree with what you're saying. I think what we're caught with here is a timing issue. Um ... you know, that ... that ordinance is in the works and it's not done yet, and ... I think if people have projects that are ready to go, um, I think it behooves us to do our duty and move forward with those projects based on the ordinances that are in place now. Um, I think it does a disservice to our community and ... and the developers, and our integrity, to ... and I'm not saying that you're suggesting this, but to defer something simply to get another ordinance in place before it can move forward because of what that ordinance would do that we would like to have done. So I ... I understand your quandary in that, but given what we do have in place, um, I like the design. I think it's going to fit in the neighborhood really well, um, it's walkable from downtown, um, so I will definitely be supportive of it. Throgmorton: Sol ... I want to agree with Susan on that particular point. I think you're right. Uh, we can't sort of imagine that new ordinances have been adopted when they have not yet been adopted. I'm also very aware that this rezoning applies to a site that's been very controversial in the past. Anybody who's been paying attention (laughs) you know, knows that. But as contentious... as contentious as that was, we have to put the past behind us and focus on the present and the future. So for me the basic question is will this rezoning and proposed development be good for the area? Uh... as I see it, the proposed rezoning and development, uh, generally appear to be consistent with the Master Plan, uh, for the district. Moreover, to the best of my recollection this provides the second major test of the new form -based code development standards, and how well they work. So, uh, I'm really looking forward to seeing what happens on the ground and how well those standards actually work. My assessment is that the conceptual design looks pretty good! Especially breaking the development up into two buildings, having a set -back beginning at the top of the sec ... at the top of the third floor, uh, and providing the This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 28 pedestrian street and courtyard. I think those things all will be attributes for the building. I would ... I would also say if buil ... if business owners that are gonna have to relocate tell us that they want or need assistance, relocation assistance, we should discuss that and consider what's possible. Uh, I ... I ... I've had too many shoes repaired (laughs) in a certain store down, uh, in that area and there are other owners that might be affected as well, so I'm not trying to single any one person out, but if somebody comes to us and says we'd like to have assistance or believe we need assistance, we ... I think we should consider what's possible and try to respond if we can. Lastly, I think we're gonna have ... we will probably revisit the affordable housing component at some point in the future, uh, but not as a part of this rezoning. Dickens: I'll be supporting this, uh, project as well and the fact that it's being split up into two parts does allow that second part to be changed. Uh, we have a lot of these apartment with retail on the first floor that are sitting empty, the retail's sitting empty. So the fact that they can see how this project moves forward, whether to put the retail back in there, because if you look along Gilbert Street, a majority of that area is all empty. The ... the, it's been very slow to do that. And I think that's something that we need to look at as, you know, we have been... basically forcing people to put retail on the first floor when it isn't being filled, and it's ... it's a major expense that could be used for housing, so ... as we move forward, I think that's something that we ... we need to look at, but this project I think is ... is accomplishing what we want for that area. Hayek: I'll, uh, I'll be supportive as well. I ... Jim, I agree with ya. This obviously was, uh, a controversial spot. Um ... uh, I think it would be good to move on. I would note that, uh, at the I believe two public comment, urn ... uh, sessions of the two separate P&Z meetings there ... there was no public input whatsoever, other than from the developer, um, and I think that's indicative, uh... of...of the strength of this project. Um, you know, we have a willing investor, a willing developer that is ... that is prepared to go forward, um, and... and ... I ... it's ... it's ... would not be prudent, may not even be legal, to, uh... uh, treat, uh, a ... a zoning, uh, a rezoning application based on a ... a conceptual, um ... uh, affordable housing ordinance that ... that this Council has not ... or this Council has not taken up yet, or the next Council will take up, um ... and they're not seeking financial assistance for which there is an ordinance on the books requiring affordable housing in this Riverfront Crossings zone. That's not, uh, at issue here. So I think we should move forward with it. The one question I saw coming out of the P&Z minutes was, urn ... some degree of concern about what this looked like relative to what they thought the form -based code would cause to occur on a spot like this, uh, whether scale or open space or ... or otherwise, and I suppose that's natural because when we .... when P&Z was looking at the form -based code and ultimately the Council voted on it, we looked at a ... a number of illustrative renderings of what something might look like in that district. Um ... uh... which I think represented at the time something that could occur, uh, under the form -based code that we were asked to vote on, ultimately approved, but not necessarily what could or ... or, sorry, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 29 would ... would have to occur on a site like that. So it was ... it was interesting to see the staff dialogue with P&Z. Well, the ... to the effect that ... this may not, what ... what you're seeing may not be exactly what you thought would come, uh, to that spot through this new form -based code because it was not exactly what was shown in the illustrations you looked at, but it does comply with what was passed. So I think what's... what's telling... what's, I guess the ... the take -away for me on this is .... and as a side I think this is an attractive, uh... uh, product, an attractive proposal, and a ... and a strong project, but if there are questions going forward as these projects come to the Council, and things don't look like what people thought they would or ... uh, the ... whether it's the scale or ... or other details, then the future council's going to need to look at changes to the form -based code, because that's what establishes the parameters for these projects, so ... that's not before us tonight! That's a ... that's for a future council. Throgmorton: Matt, I might be wrong but I think the ... the illustrations you're referring to appeared in the Master Plan for Riverfront Crossings District. The ones that show three ... three or so smaller buildings on that block, uh, being retained. That's what a lot of people cared about, of course at the time. That's passed. I don't want to go over that again. But I ... I don't believe it's correct that the form -based code development standards themselves present a ... a series of renderings that would lead people to expect something quite different here. Hayek: No, I'm probably conflating the two, but there was discussion at the P&Z level that, boy this doesn't look like what I thought we would see here, and ... and I think that goes to ... what the code provides, uh, ultimately because that's... that's where the rubber hits the road, so to speak, in terms of what can and can't be constructed, and this obviously complies with what the Council passed. So ... you know and we talked about that when we passed it, that with time and based on the experience of projects in this part of the community, councils will probably tweak the ordinance from time to time. Botchway: You know I guess I'll say this, um, you know, I'm persuaded by Susan's comments and obviously Matt and Jim's, um ... you know to me it is still a process. I mean, to me it is still a process question and I understand the ordinance is not before us now and so not to penalize the developer from that sense and I get that and so, you know, just so you know, Kevin, there's nothing against you or anything. I'm just more upset about the fact that, you know, we ... I guess maybe we need to talk about it in the new year, just kind of having a discussion around... regardless of what the ordinance speaks to, and I think that you're right, Matt. 1 think it speaks to some type of, you know, if there's a financial incentive tied to it, that's part of it, you know, my thought has always been that there's going to be some type of discussion on an on-going basis about affordable housing, at least being asked at the development level, to talk about it as a possibility. Um, I mean I think to your point, Michelle, I mean ... (mumbled) affordable housing standpoint may not happen because of incentives, but I ... I guess for me, you know, they're definitely not going to happen if we don't ask first, or at least try to This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 30 figure out some creative way where we can do something from an affordable housing standpoint, maybe without any financial assistance from the City, and so I will be, you know, supporting this, but I guess that's my ... that's my point about it. It's more about having a greater discussion, kind of before it comes to us, about whether or not affordable housing is even an option and how we can work through that. Hayek: I mean, I think generally speaking you're either going to have to pay for it or force it. This is a substantial investment, but... point... point taken. Any further discussion? Roll call, please. Passes 7-0, uh, on first consideration. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 31 ITEM 6e REZONING ALONG MORMON TREK BOULEVARD SOUTH OF HWY 1 - ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.98 ACRES OF PROPERTY LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE (CO -1) TO INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ15-00021) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. Any ex parte communications? (bangs gavel) Dobyns: Mr. Mayor, because I'm a faculty member of the Department of Family Medicine, which will be in this, uh, area, and it's a perceived conflict of interest, I will recuse myself. Hayek: Okay! John! Yapp: Uh, this property's on the east side of Mormon Trek Boulevard, between Grace Drive and Eagle View Drive. Uh, the property is currently zoned Office Commercial. Uh, there's a little bit of history with the property. Uh, it was annexed to Iowa City in 2003. Uh, at that time it was zoned Intensive Commercial, uh, consistent with the property to the west ... on the west side of Mormon Trek Boulevard and to the south of Eagle View Drive. Uh, in 2007, the property was rezoned to Commercial Office. Uh, the development contemplated at that time never happened, uh, and the property has been zoned Commercial Office since that time. Uh, now the applicant has requested rezoning it back to Intensive Commercial, uh, for a, uh, proposed medical clinic. Uh, the Comprehensive Plan and the South Central District Plan, uh, for this property, uh, you can see the hash marks on the overhead, uh, shows that it is appropriate for either Office Commercial or Intensive Commercial. Uh, so the Comprehensive Plan contemplated that either of those uses would be appropriate at...at this location. Uh, this is a, uh, photograph of the property. Pip Printing is just to the north of this, uh, proposed, uh, development, and Billion Automotive is across Mormon Trek Boulevard on the west side of Mormon Trek Boulevard. Uh, this is a view of the, uh, proposed site plan, uh, for the property. Uh, specifically what is proposed is a medical clinic that would contain a number of uses, uh, including treatment rooms, pharmacy, a mother's milk bank, a home care office, uh, warehousing, uh, and other related functions. Uh... at the first Planning and Zoning Commission meeting, uh, the applicant had not yet provided their concept plan, uh, for the property. Uh, the ... the decision was deferred at that time to allow some time for the applicant to meet with the neighbors. Uh, I met with, uh, the applicant and neighbor... neighbors and neighboring property owners, uh, and at that time the applicant showed his po... proposed concept plan and ... and we discussed potential, uh ... negative externalities associated with the project. Uh, staff came back with a revised recommendation, uh, to the Planning and Zoning This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 32 Commission. Uh, that included general conformance with this site concept plan, uh, no outdoor storage being permitted on the property, and exterior lights being no more than 25 -feet in height. Uh, one of the representatives of the George Dane property ... uh, attended both Planning and Zoning Commission meetings and if I can go back to the aerial, uh, that property is to the southeast of the, uh, property under consideration. Uh, presented information that that property was bequeathed to the Iowa Heritage Trust, uh... and there was concern about what types of activities, uh, may happen on ... on this property once it's zoned Intensive Commercial. Uh, specifically that led to the limitation and the height of lights and no outdoor storage, and by extension, you would not have the activities associated with that outdoor storage, uh, on this property. Uh, staff and Planning and Zoning Commission have recommended approval, again, subject to conformance with this ... general conformance with the site concept plan, no outdoor storage, and lights no more than 25 -feet, uh, in height. Regarding the concept plan, uh, few days ago the applicant did let me know one change they are considering is reducing, uh, the size of the warehouse space, uh, at the rear of the property. Uh, and I wanted to mention that one change, and we ... we discussed that in all other ways the site would still be in conformance and we ... we felt that was an insignificant adjustment, if that in fact does take place. Be glad to answer any questions. Hayek: Can you speak to ... uh, the rationale behind the zoning change? There was some discussion (both talking) Yapp: Sure! Hayek: ...minutes, and it had to do with I thought the uses within the building. Yapp: Yes. The ... medical clinics are allowed in the existing zone, Commercial Office, uh, for this property. Uh, couple factors that led to the request for Intensive Commercial, uh, zoning were the warehouse and distribution component of the property, the mother's milk bank, and the pharmacy, both of which have some processing, uh, associated with them. Uh, and that the applicant, uh, would like to have a drive-through pharmacy, uh, associated with this project. Drive-through pharmacies are not allowed in the Commercial Office zone, but are allowed by special exception in the Intensive Commercial zones. So it was the combination of those factors that ... that led to the request for the rezoning. Hayek: Thanks, John! Any other questions for John? Payne: For some reason I remembered this has been rezoned a couple times, but you only say from the original to what it is now? Or is that a different property I'm thinking of? Yapp: It was, uh, there were several... there's a ... the property to the south has also had several rezonings. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 33 Payne: Yapp: Payne: Yapp: Payne: Okay! So it might be that one I'm thinking of. Yes. Back and forth and back and forth. Also from CI -1 to CL -1, back to CI -1. Okay! Thanks! Hayek: Thanks, John. This is a public hearing and anyone who wishes to address us could come forward at this time! Okay! Before I close the public hearing let me take everyone's temperature. Are we inclined to go with the recommendation? (mumbled) nodding faces. I will close the public hearing at this time! (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Botchway: Second. Hayek: Moved by Payne, seconded by ... Botchway. Discussion? Throgmorton: Well I ... I'd like to say, uh, I think anybody who knows me knows I'm not a big fan of -auto -oriented developments, uh, pretty much like this. I'm just not, but ... my ideal world can't always be brought into practice, into ... it can't always, you know, take place. So I'm fully aware of, uh, that there's a market demand for this. I'm aware the developer's done a good job of working with neighbors, a ... about it, uh, and I just bought a car at Billion Auto, so I know that there's, uh, people go out there to purchase certain things and do certain kinds of activities, so ... so I'm going to end up voting for this, but I also like to, uh, acknowledge the Dane family's love of this site that's located, what, just southeast of, uh, this project, and their generosity in dedicating that property's, in the future at least, dedicating it, uh, as parkland to the City. Uh... if Jane Driscoll was here. I ... I don't know her so I don't know if she's here, but if she was I would say I'd love ... Jane, where are you? Jane? Sorry? Hayek: Her mother's here. Throgmorton: Oh! Great. Well, may I ask you, um, I'd love to visit the site, uh... um, yeah, so if you can, uh, my phone number is easily available on the web site. Uh, I can tell it to you right now if you want to have it. It's 621-9391. Uh, and I'd love to visit the site with you. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 34 Hayek: I'll ... I'll be supportive. Uh, I ... I was pleased to track the discussion between the Dane family that has such a vested interest in the future park, uh, nearby, uh, and ... uh, the Commission, uh, and staff, and the developer, and, um ... uh, to the developer's credit, they were responsive to some of these concerns and the tweaks that were made between the first and second, uh, Planning and Zoning, um, meetings, uh... were ... were material and I think went a long way to addressing, uh, concerns about this project. I'm sure it doesn't eliminate the concern, uh... uh... but ... but my sense from reading those minutes was that, uh, much was accomplished and ... and it was ... it was a good process, and I think this is, um, a ... a fantastic, uh... uh, development, um ... uh... these sort of medical facilities are ... are sprouting up, uh, especially as the University, uh, decentralizes a little bit and we have an opportunity to get one, uh, there makes a lot of sense and serves a lot of important needs, so, um, I'm supportive of this. Further discussion? Roll call, please. Uh, passes 6-0 on first consideration; Dobyns recusing. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 35 ITEM 6d VACATING AIR RIGHTS OVER ALLEY — ORDINANCE VACATING AIR RIGHTS ABOVE PUBLIC RIGHT-OF-WAY IN NORTH -SOUTH ALLEY BETWEEN HARRISON AND PRENTISS STREETS. (VAC15-00005). 1. PUBLIC HEARING Hayek: The hearing is open. (bangs gavel) Yapp: Uh, this is a request for vacation of air rights, 25 -feet, uh, above grade to about 46 -feet above grade for the alley, uh, running north and south between East Harrison and East, uh, Prentiss Street. Uh, specifically this, uh, would facilitate the construction of a skywalk, uh, to connect the Midwest One Bank property with the future parking facility, uh, to be constructed at Harrison and Dubuque Streets. Here's a ... a zoomed -in view. The, uh, vacation of air rights would not affect traffic circulation on the alley. Uh, we've notified all the private utilities. They would not be affected, uh, by the proposed vacation of air rights. Uh, and I do have ... this is a view of the existing, uh, Midwest One Bank and I have a conceptual view of...of...the height and ... and size of the skywalk in relationship to the, uh... and this is just a massing image of the bank building to the parking facility building. Uh, in terms of height and size, it would be similar to the skywalk between the Senior Center and Tower Place, uh, ramp, to give you a visual. Uh, staff recommended approval and Planning and Zoning, uh, recommended approval. Hayek: Any questions for John? Anyone from the audience? Public hearing is closed. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Dickens: Second. Hayek: Moved by Payne, seconded by ... Dickens. Discussion? Roll call, please. Passes 7-0 on first consideration. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 36 ITEM 6e REMNANT RIGHT OF WAY VACATION - VACATING PORTION OF PUBLIC RIGHT-OF-WAY LOCATED BETWEEN 124 W BENTON STREET AND 731 S RIVERSIDE DRIVE (VAC15-00006) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Yapp: This is another, uh, right-of-way vacation. Uh, this is a remnant parcel of right- of-way that we discovered, uh, during evaluation of the proposed Kum n' Go, uh, at this location. You had the, uh, rezoning to Riverfront Crossings for the Kum n' Go, uh, on your recent Council agenda. Um ... at the time we discovered this, uh, Kum n' Go was not aware that it was there. We ... we researched with Johnson County as much as we could and ... and it appears this parcel of right-of-way had never been vacated in the past, uh, while the remainder of an old alley had been vacated in the past. Uh, the property is zoned Riverfront Crossings at this time. Uh, this image shows that, uh, remnant right-of-way. We also contacted all the utility companies. Uh, none have utilities in the right-of-way. Uh, staff recommends approval of vacating this approximate 390 square feet of right-of- way, uh, and Planning and Zoning Commission also recommended approval. Payne: I have a quick question. Is that a typo, VAC 15-0000? Yapp: Oh, that is a typo! We're missing a, uh... there should be a 6 there. Payne: I had to find one tonight! (laughter and several talking) Yapp: Thank you! We forgot to put the 6 at the end of the zeros! (several talking) For what it's worth we have all the zeros in our typical, uh... subdivision rezoning and vacation items because of the software we use for the tracking of those. Hayek: You know, John, with projects staff brings to us, there's usually a lot of zeros involved (laughter) Throgmorton: I want to know more about these vacations too. Uh, I mean, you know, I'm thinking about how some of us might want to have a vacation sometime (laughter) Only kidding! Botchway: So moved! (laughter) Hayek: All right! Any further questions for John? Anyone from the audience? Public hearing is closed. 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Dobyns: Move first consideration. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 37 Mims: Second. Hayek: Moved by Dobyns, seconded by Mims. Discussion? Roll call, please. Passes 7- 0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 38 ITEM 7. UNIVERCITY SALE, 1316 MUSCATINE - RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1316 MUSCATINE AVENUE 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) This is, uh, one of the, uh, UniverCity Neighborhood Partnership Program projects. Anyone from the audience? Public hearing is closed. (bangs gavel) 2. CONSIDER A RESOLUTION Dobyns: Move the resolution. Botchway: Second. Hayek: Moved by Dobyns, seconded by Botchway. Discussion? Roll ... roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 39 ITEM 8. UNIVERCITY SALE, 628 NORTH JOHNSON - RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 628 NORTH JOHNSON STREET 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Hearing is closed. 2. CONSIDER A RESOLUTION Throgmorton: Move approval. Payne: Second. Hayek: Moved by Throgmorton, seconded by Payne. Discussion? Payne: I do have to say that this one's pushing the limit on the dollar amount, in my opinion. Dickens: So noted! (laughter) Hayek: Further discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 40 ITEM 9. COURT / LINN DEVELOPMENT AGREEMENT - RESOLUTION OF INTENT TO CONSIDER AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND CASL HOLDINGS, LLC., FOR TRANSFER AND DEVELOPMENT OF CITY -OWNED PROPERTY AT THE CORNER OF COURT AND LINN STREETS AND THE DEVELOPMENT THEREOF 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Throgmorton: It'd be good to have somebody explain this, wouldn't it? Hayek: Sure! Anyone from the staff? Dilkes: I can. Hayek: City Attorney! Dilkes: Um, as is explained in the very short memo, um ... well, to start with I think the ... the dates were pretty ambitious to start with. I mean if you'll recall we didn't ink this development agreement until this summer and they were planning on a closing in November. Um, there's just a lot of details to be worked out. They have cost projections they're still doing and financing issues, and uh, so this just extends those deadlines a bit. Throgmorton: So it's not as if there's some major change in the development agreement. It's just a shifting of the ... (both talking) Dilkes: No, in fact, um, there was some discussion about ... some possible changes in the minimum improvements and ... and staff declined to ... support those. Throgmorton: Yeah. Hayek: Thanks, Eleanor! Anyone from the audience? Public hearing is closed. 2. CONSIDER A RESOLUTION Payne: Move the resolution. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Roll call, please. Passes 7- 0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 41 ITEM 10. LIBRARY COMMERCIAL SPACE LEASE (MERGE) - AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH THE IOWA CITY AREA DEVELOPMENT GROUP FOR COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY 1. PUBLIC HEARING Hayek This is a public hearing. The hearing is open. (bangs gavel) Fruin: If I could give you a brief overview of this, uh, from a staff perspective, and I ... I apologize. It appears the staff memo got lost in the shuffle here, so I'll try to give you the ... the details, um, and we'll be available to answer any questions that you have. Um, what's before you tonight is a four-year lease with the ICAD group that'll commence on March 1" in 2016. Earlier on tonight's, uh, Consent agenda, you extended temporary lease with ICAD, um ... uh, up until this date. So through the month of February. Um ... that will coincide with the exiting of the University of Iowa, um, who is occupying the lower level of the Library commercial space. So, um ... University'll move out the end of February and then ICAD's lease will transition from the temporary, uh, lease to the ... to the four-year permanent lease. Um, a few notes, uh... in terms of, uh, what is contained in the lease. Uh, we are proposing that the rent be discounted to $2,000 per month for the first two years, and $2,500, uh... uh, per month, uh, after that. The ICAD group will be responsible for full property taxes, uh, on the, uh, on the property, and uh, it's really the reduced rent that we're offering them, I think, is going to enable this partnership, uh, that you heard about a few months ago when, uh, Mark Nolte and uh, David Conrad came and ... and presented the merge concept to you. So, um, it is a substantial rent reduction, um, and uh, prior to, uh, contemplating this type of arrangement, uh, the City was receiving approximately $10,500 per month in rent. So you can see we're ... we're, uh, discounting that substantially to help, uh, enable what we think will be, um, a very strong economic development project, um, that will create benefits, not only in the short-term, the four-year span of this lease, but well beyond, uh, that as well. Um, the ... uh, lease also, uh, enables the City to have our economic development staff, um, work out of that space, um, if...if...if, uh, we feel that would be beneficial, um, and ... and we currently have that arrangement with the Co -Lab where the ICAD group allows us to drop in and ... and um, work in that setting. Uh, it also, uh, contemplates that there will be some joint programming with the Library. We see great, um ... uh, opportunities to program, uh, for the community out of this space as well, and the ICAD group and the University have been, uh, very open and anxious to ... to talk through some programming opportunities, uh, with us in that space. Uh, that's... that's all I have from a staff perspective. Uh, Mark Nolte with the ICAD group is here and can answer questions if you, uh, have any about the merge operations. Hayek: Any questions for Mark? Or Geoff? Okay. Uh, Mark, you're welcome to address if you'd like! Sure! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 42 Nolte: Uh, one other point just to add, uh, the ... we recognize this as a ... a significant reduction in the amount of rent and therefore ICAD will be asking less, uh, in financial assistance from the City moving forward. So, I do want to make that point. We don't ... that's not lost on us, so ... these ... these spaces are vital to economic development. They fail around the nation because of two factors. They ... they can't afford the space and they can't afford the staff, because we are ... as ICAD and the University are bringing the staff to bear, there's no additional cost for that and the, uh, reduction in rent will allow this to ... to cash flow, so we really appreciate your support of this. Hayek: Thank you, Mark. Thanks for what you do. Anyone else during the public hearing? The public hearing is closed. (bangs gavel) 2. CONSIDER A RESOLUTION Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Mims: I'd just like to say I'm really excited to see this go forward. Um, had... significant conversations with Mark Nolte and Geoff Fruin and others about a lot of the joint programming that can go on in there, and I think getting... getting them in that location, the combination of ICAD and the University, um, opens up some really, really exciting possibilities for some programming in that space, um ... I think beyond what ... a lot of people have even imagined yet. So I'm really excited to see it move forward! Dickens: But the potential is there to work with different ages, all the way down to junior high and high school is the hope, that it will... foster... you know, new projects and hands-on with a lot of material that's going to be provided by ICAD and the University. Hayek: Yeah, I would echo your comments and I ... and just state that I think it's extremely important that ICAD be in Iowa City and um, we're making this happen, um ... uh, and this is an opportunity, at a very high-profile location, to showcase a ... a pretty exciting joint venture. Um, so we look forward to it! Thank you! Further discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 43 ITEM 11. IOWA CITY GATEWAY — APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY GATEWAY PROJECT [HDP - 3715(652) --71-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) The estimated cost of this project is $52 million, and we have staff. Great! Knoche: Mr. Mayor, Council, Ron Knoche Public Works Director. Uh, tonight we're bringing for you the plan ... the construction plans for the Gateway Project, uh, as you mentioned it's a $52 million project, uh, we have approximately $32 million in utilities and roadway work and a $20 million in bridge work ... to be done. Uh, the project itself will be split up into four phases. Uh, phase one will be the utility work on Dubuque Street, and then the Park Road, uh, construction. Uh, the goal of phase one will be done in 2016, uh, with the Park Road, uh project being substantially complete for the opening of Hancher, uh, September 8t' of 2016. Uh, phase two and phase three will be the northbound and southbound work of Dubuque Street. Um, 2016 and 2017 construction years, and um ... the bridge tie- in will be 2018. So, uh, in the 16 and 17 construction years we'll be working on the bridge the whole time. So, as you can see it's a substantial project. Uh, we are currently in the process of, uh, acquiring the right-of-way. Uh, we are planning the March 15 (mumbled) lettings the DOT and uh, all indications currently are, uh... the DOT, uh, even though there has been a passage of, uh, gas tax increase, their construction year looks to be light, uh, for next year, uh, which gives us good indication that our bid prices could be favorable for the City. Hayek: Great! Thanks, Ron! Anyone else during the public hearing? I will close it at this time. (bangs gavel) 2. CONSIDER A RESOLUTION Payne: Move the resolution. Dickens: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Mims: Just excited to see this moving forward. We spent a lot of time at Council level, um, probably more detail than we normally get into with projects in terms of design and, um ... I know everything isn't necessarily the way all of us wanted it at This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 44 the end, but I think we did a lot of compromising with input from staff on what makes some sense and uh, really looking forward to this moving forward. Payne: Long time coming if it's done in 8...18, that's 10 years after the flood. Mims: Just ... this is ... this is an easy part in a way. The hard part's gonna be people who drive that roadway during couple of construction seasons. It's ... going to need a lot of patience! Hayek: This is exciting, uh, I remember when we first started talking about this and here we are and ... uh, this is an important juncture, you know, this ... this is arguably the signature entryway into the community, and I think once we get through the mess of construction, uh, and it will be that, um, we will have a ... uh, just a stunning entryway into Iowa City, and one that works for, uh, commuters and residents and everybody else. So ... very excited! Dickens: I thought my house was the entryway, the gateway (laughter and several talking) Hayek: It was until you moved there! (laughter) Dickens: Guess not! (laughs) Hayek: Further discussion? Roll call, please. Passes 7-0. We like Dodge Street too! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 45 ITEM 12. CHAUNCEY AGREEMENT - AMENDING AGREEMENT FOR PRIVATE REDEVELOPMENT, INCLUDING THE TRANSFER OF LAND, BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CHAUNCEY, L.L.C. 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Throgmorton: I need to recuse myself from this. Hayek: Yeah. Payne: Eleanor, I didn't talk to you. Do I need to recuse myself too? Cause I didn't vote on the original stuff. So I guess both of us will, Jim! (laughs) Hayek: Jim and Michelle will (several talking and laughing) ...come on back! Moen: Good evening, my name is Marc Moen. Thank you very much for considering this, uh, proposed amendment to the development agreement. Um, I can assu... I just want to assure you that we're moving this project ... we have no interest in delaying it, obviously, and we're moving it along as fast as we can. There are things beyond our control which have come from the lawsuit that was filed by the Trinity Church and then the appeal that they filed most recently. So ... the amendment that we've proposed ties our deadlines into the date that that appeal is finally resolved, um ... but in the meantime we're going to explore every way we can to keep the project moving sooner, but that ... to be safe we need that tied to the appeal. Urn ... obviously we have every motivation of doing that construction costs, and particularly material costs have gone up significantly in the last year and they're going to continue to rise. Interest rates are starting to creep up, so ... we're already into seven figures in terms of the damages that have been caused by the delays and, um ... you know we'd ... we'd really like to get started and we'll do our best, and if you have any questions I'd be happy to answer them. Hayek: Any questions for Mr. Moen? Thank you, Marc. Moen: Thanks! Cilek: Uh, I'm Dan Cilek and I'm with Meta Communications and uh, I'd like to encourage everyone to vote for this. Uh, I think Marc's done everything he can do to ... to make this work and I think it's only fair that you, uh, give him the time needed just so he can move forward with it, so I hope you support it. Hayek: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 46 Swanson: I'm Allen Swanson with Blank and McCune here in Iowa City and I just would also like to encourage you to vote for this. I think it's the fair thing to do under the circumstances. Thanks! Hayek: Thank you for your comments. Gerhard: Hello, I'm Bill Gerhard. I'm a long-time resident of Iowa City. I'm also President of the Iowa State Building and Construction Trades Council, and I'd like to see you support this amendment. We've got, uh... lot of construction workers that are winding down on some of the larger projects here and as you know construction workers live from one project to another, so we're looking forward to, uh, working on the Chauncey towers and the sooner we can get started the better off we're going to be, so ... uh, thank you and I hope you support this. Calangalo: Hello, my name is Kay Calangalo and I would also urge you to support this. There are many of us in town who are eagerly awaiting this project. We've been excited about it from the very beginning and we really hope that you support it. Hayek: Thank you for your comments. Hayek: Thank you for your comments. Severson: I'm Joan Severson, I'm the President of Digital Artefacts and Co -Founder. Connolly: I'm Jodi Connolly, I own Buzz Salon, downtown Iowa City. Severson: We're both in one of Marc's buildings that we absolutely love and our employees absolutely love. My company is a software firm. Um, our employees ... we do work for people that are outside of the area. I think that there's a lot of opportunity to grow the tech community in Iowa City and I think that the Chauncey Tower, in particular, is a building that will attract the type of people, um, that will be in the same software industry that I'm in. So we do a lot of advanced projects for clients in both California and Washington, D.C., and we think that the building itself is something that I personally would like to be able to live in. My parents have looked into that and considered the floor plans there, but more importantly the people that work in my company, it's the type of space that's going to provide opportunities for them after work and the type of space that they would be able to live in. Connolly: Um, I've been in Iowa City about 20 years, and a thriving downtown has people living, working, urn ... shopping. I have a lot of friends that own businesses and I have seen what Marc has done, what ... what the community has done, and it's ... it's created jobs, it's created small business, um, growth because we need people... again, eating, working, shopping, not just college students, but a community for all! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 47 Severson: And just one thing, I bring clients in from outside of the area and they come down to downtown Iowa City. Um, 201 is a small building, but it has like ... it gives an air to the ... the space that it's a growing, sort of technical, um, environment. I think people that come to my office are blown away by the ... the building space and the entire interior and how it feels being up there. I just ... I can't tell you how many people come from outside the area and they just say... they... they didn't even know how awesome Iowa City was (laughs) they got here, so ... I just think Chauncey would be another building that, um, is going to attract the type of people that, um, would see Iowa City as the place to grow tech. I appreciate your time. (both talking) Hayek: Thank you for your comments, both (both talking) Connolly: And I'm really proud to be from Iowa City and I just have to say that Buzz Salon won Salon of the Year in the United States. Um, and a lot of it has to do with the building that we're in! And it's the first time a salon has even ... won in Iowa! You know, we made the top 20 and we thought, wow, that's pretty impressive, but to win the grand prize? So go Iowa City! (laughter) Hayek: Congratulations! Thank you for your comments. Quellhorst: Nancy Quellhorst, Iowa City Area Chamber of Commerce. We're very enthusiastic about this project and we hope that you will support this extension. Thanks! Hayek: Thank you! Cate: Good evening. My name is Norm Cate and I would like to, um, give my support for the Moen project, the Chauncey Towers. I think it's going to be a great addition to the city. Um, the projects that have, uh, that he has done in the past have been, I think, um, a real benefit for Iowa City, so I ask you to support the amendment. Thank you. Hayek: Thank you for your comments. Summerwell: My name is Dick Summerwell and I'm a long-time resident of Iowa City. Uh, as a matter of fact I have ... I wasn't born here, but I was raised here and uh, I, uh, have worked downtown, uh, since 1963, almost every day. I love the downtown, and I would strongly support this amendment. I will say that it ... hurts me to support an amendment that delays the project any longer. Uh, and I ... I say this because I know what it does to the people who are trying to build a project. I also know what it does to the people, uh... who are trying to move in to the new building that is being delayed. I will ... I will say one specific example. I had the good fortune to meet Bob Long and Dan Cilek the other day, and they told me that ... in their growing company that has over 50 employees ... in downtown Iowa City, they are out of space and they're going to have to look for another space, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 48 maybe even including outside of Iowa City, if they don't get some relief. They ... they have made plans, long-time plans, to be in this building, and ... as much as I've done in economic development over the years, I know that every town in Iowa would love this company. They're... they're a bunch of engineers that do nothing but ride their bikes to work, and home (laughter) They are way above average for earners in ... in this, in Johnson County. And they are ideal citizens and one that every ... every city in Iowa would dearly love to have a crack at. Fortunately, for us, uh, the owners, uh, are long-time Iowa City residents, as well, and they aren't going anywhere if they get a decent kind of a fair deal. So, I encourage you to ... to do what you can to support this project and move it along as fast as you can. Thank you. Hayek: Thank you for your comments. Knight: My name is Roger Knight Jr. Sorry, I had to look at the cheat sheet! Um ... I think you know how I stand. I hope you guys deny, or vote down this... extension. It's not somethin' that the city needs. Knowing... having it at the end where you don't have as many people speaking up against it because they don't have a bus ride home if they were is kinda... dirty politics to it. There's a lot of people who ... need those buses because of low income. They don't have a car and that's exactly who this building hurts ... is those with low income. There isn't, uh... any kind of low income housing in this building, except for what is it, like five or so units? That's like a slap in the face ... of those who need help. And that's a lot of people. I mean, I was just looking at ... rent. $560 for a one -bedroom! That's a one - bedroom! What if you got kids? $560, that's almost my entire month's rent, for a one -bedroom. We're not even talking about what will happen when this building goes up. That's just what's now. So I hope you guys can vote against this because ... I'm glad to see that, you know, Mr. Moen's got all these people who would love to have this building up. How bout those who can't speak here tonight? So I'd like to ... more push you guys to have it go ... and be speaked at for the next meeting (coughing, difficult to hear speaker) after that where the future City Council can also vote on it. Uh... you know, I think the future should speak on the future. Thank you. Hayek: Thank you for your comments. Anyone else? Conroy: Tim Conroy and I'm speaking in favor of the extension tonight and I hope you will extend the contract as needed. It's unfortunate that we are here today having this discussion about extending a document that is in limbo now because of a party that is not ... involved in the development directly, not a party to the contract, but is holding an appeal, uh, over the development's head as a way to bargain. I think it is wrong. I think it's a wrong way of entering into negotiations on the 11t'' hour. I think we have a responsibility as Iowa City to honor the agreement, extend it, and I would urge Trinity Episcopal to look, uh, within themselves on their leadership and come to peace with this project. It was the best choice. It continues to be the best choice. Compromises have been made, from scaling it This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 49 back from 20 stories to 15 stories, setbacks. It will produce revenue for the City, and it provides options for those who don't want to go downtown in Iowa City and drink. And it's time to move forward and it's time to get with the plan and go. Thank you. Hayek: Thank you for your comments. Tiefenthaler: My name's Joe Tiefenthaler. Uh... Executive Director at Film Scene. Like to thank you all for the time and support you've put into this project, uh, and into Film Scene. Uh, during these two years of...since Film Scene opened, uh, we really aged through these delays. Uh, the Chauncey project is the vision for our home and we have done monumental, uh, numbers, uh, numbers of programs, numbers of films, uh, ticket sales, partnerships. In two years, we've been able to, with our one screen downtown, uh, screen more than 450 feature films. We have partnered with more than 125 local businesses, uh, and non-profit organizations, um, on events that include, um, fundraisers and low-cost screenings and free education programs. This is with our current space. We need the growth of the Chauncey project and are happily supportive, um, of even this delay. Um, because we know what that could mean for our future, for what we would like to give our community in this new space. I urge you to vote on this today and we look forward to the project. But again, thank you for your time these years in support of us. Hayek: Thank you for your comments. Anyone else? I will close the public hearing at this time. (bangs gavel) 2. CONSIDER A RESOLUTION Dickens: Move the resolution. Botchway: Second. Hayek: Moved by Dickens, seconded by Botchway. Discussion? Mims: I am 100% supportive, um ... I want to protect the ability of this project to go forward, um, as others have said I think it's, um, very unfortunate that we're here, um, and having to, uh, approve these extensions, and ... it ... I'm not ... no attorney, but certainly from what I have read, um, it...it certainly appears that, um ... the appeal, uh, is ... is of questionable value, um, and I think it is a delay tactic and I think that's unfortunate. Um, I would like to see this project go forward. I.A make one other comment about the cost on this. I think it's important that people understand the long-term benefit to this community, um, of this project in terms of economic development, the tax value that this building is going to bring, even after the TIF, and yes, it is a sizable TIF and yes it is longer than we would like, and yes, it is the last front-end TIF that we will probably be doing because we do rebates now, but that was a commitment at the be...at the front end. But this still This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 50 is going to be a significant, long-term revenue source for this community, and people who want and demand ... the extensive services that we have, which we are proud to provide and want to provide, need to understand the importance of this kind of economic development in this community. This is not taking money away from low-income people in this community. People who say that don't understand the details of this kind of economic development. It's complicated. I understand that! But if you really want to look at these projects and understand them, I would encourage you to contact us — staff, City Council, whatever. We need these kinds of projects to help us as we adjust to the lower property taxes we're going to get based on State law. And so ... I'm ... have been from the beginning very supportive of this project. I am sorry that we're here with a delay, but I will support this because I think this project is so important for our community. Dobyns: I will also be supportive of this project and I agree with Susan — I think it's very unfortunate that it has come to this. Um, this is something that I decided that I wanted to make public now since this is my last time before you as a Councilperson, but um, my own faith, uh... uh, community has been very close with Trinity Episcopal Church for many years. I was very interested in making sure that they had been heard. Um, two of us — Susan Mims and myself — had been the original Councilpersons at the time that scrutinized all projects at the time, so I knew it fairly well. Um, I contacted the Trinity leadership and I availed myself very early in the discussion to discuss with them about all the issues that had gone on. Urn ... I was surprised at the time when they came back and they informed me that even though I was a Councilperson and had a significant amount of input on this decision, uh, at that early juncture that they refused to meet with me. At the time it wasn't that bothersome because I figured, well, perhaps they had made their peace with the project. Well, clearly as the years have shown, that it's not true. In fact they have may ... made several, um ... uh, problematic delays with this project. So when I look at it in background, I find it very unfortunate that at that time, the leadership at Trinity Episcopal, um, did not avail themselves of, uh, my talking with them, any discussion at any time. I find that very problematic when they say that, you know, they've had problems with the City when early on there were, um, opportunities. I personally spoke with Mr. Moen, even though I had not had a chance to speak, uh, with the congregation at Trinity, um, about some of these issues. Mr. Moen was very amenable to discussion. I made some trips to the pock ... the parking area myself to get a first- hand view in preparation of talking with the Trinity congregation, but unfortunately the Trinity leadership at that time denied my presence. Hayek: Well I will, uh... uh, fully support this amendment. Um (mumbled) ....want to dwell on ... on ... on what has occurred, but as I've said in the past, I think, um, uh.... neither of the two lawsuits that were, uh, brought was, uh... uh, a community minded thing to do. Um ... uh, but, uh, that's... that's what occurred. Uh, I think we should, urn ... recognize the significant damages that the development group has incurred to date, uh, because of, uh... uh, the litigation, um, those are substantial This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 51 figures and I think that goes, uh, unrecognized by ... by too many people in this community. Um ... and ... and on top of that is the, um, major, major investments to date, um, and everything that it takes to go through a process like this, uh... the ... the architecture, the ... the design, uh, the ... uh, property acquisition and the like. Um ... uh... uh, this investment group has a lot out there, uh, riding on this. Um, and the delays were not of, uh, that group's causing. Um ... I think, uh... this, uh, amendment, um, which tracks the, uh... uh, contingencies, uh, with, uh, the outcome of the litigation, um, is ... is an appropriate move on ... on the part of the City. Um, I ... I think we owe this to, uh, t he developer group. It's the right thing to do. It's the fair thing to do, um, I ... and I hope we get past this, uh, and I hope we, uh, see, uh, this come to fruition. There is widespread support for it and I ... and as some of the comments tonight alluded to, um, I think it's developments like these that ... that contribute to Iowa City being an absolutely compelling place, uh, for people and for businesses who have choices, um ... and will, uh, hopefully, uh, result in a ... in a ... in a project that, uh, benefits this community for many, many decades to come. Botchway: I'll be brief. Um, I know I voted against the project in the past. Some of those reasons really focused on, um, one, more affordable housing, the size of the project, and also the size of the TIF as well. Um, that being said, um, I feel like this agreement's already been voted on, um, we talked about this extensively for a long period of time. Um, and I see no need to continue to delay the process at this time, so I'll be voting in favor of the extension. Hayek: Any further discussion? Roll call, please. Item passes 5-0; Throgmorton and Payne recusing. How's everyone doing? Keep going here? (several responding) Yeah, you guys just had a break! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 52 ITEM 14. EXTENSION OF IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) A/K/A IOWA CITY DOWNTOWN DISTRICT - ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" CHAPTER 7, "IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT" OF THE CITY CODE, TO REESTABLISH THE IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. (SECOND CONSIDERATION) Hayek: Item 14, I will let you take up, Mayor Pro Tem. Uh, Terry Dickens and I will recuse ourselves (mumbled) Mims: (reads Item 14) And staff has requested expedited action. Payne: I move that the rule requiring that ordinance 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. Mims: Roll call, please. (several talking) (mumbled) Okay! Moved by, uh... Payne, seconded by Botchway for collapse. Roll call, please. Throgmorton: Uh, discussion? Mims: Oh the, okay, yeah! Throgmorton: Yeah, I just want to say we did discuss this at our last meeting and Nancy Bird, on behalf of the District, presented a clear rationale for why it would be appropriate to do this, so I'll vote for the (both talking) Mims: ...consolidation. Okay! Roll call, please. 5-0 to collapse (both talking) Go ahead! Payne: I'm gettin' ahead now too! (laughs) I move that the ordinance be finally adopted at this time. Botchway: Second. Mims: Moved by Payne, seconded by Botchway. Uh, roll call, please. It is passed 5-0; with, uh... Hayek and Dickens re ... recusing. Throgmorton: He can come back in, right? (laughter and several talking) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 53 Mims: On to the next one. Good to go! Hayek: Didn't even get a chance to go to the restroom there! Uh, thank you, Susan. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 54 ITEM 17. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Hayek: Uh, we did not have a work session tonight, so we need to take up what I think is the only, um ... vacancy for which there are applications tonight, which is, uh, Public Art Advisory. Throgmorton: Right. Payne: And it's ... (both talking) Throgmorton:... one vacancy, female preference or whatever (several talking) Payne: And is it the same person that's applying for it? Her term's expiring? Throgmorton: Right. Botchway: Are we going to go into work session after this meeting to talk about it? Hayek: No, we're going to (both talking) Yeah, no (both talking) so now's the time to... Botchway: Yeah! All right. Throgmorton: So we recently adopted a new ... rule, did we not, with regard to reappointments? So how did ... how does that work? Karr: She's currently serving her first term. Your new rule is two terms. Throgmorton: Ah! Not ... not to reappoint... Karr That's correct. Throgmorton: ... after two terms (both talking) Okay. Mims: Tam is fine with me! Payne: Me too. (several talking) Hayek: I know her. She does a very good job and .... and uh, I'm pleased to see her renew her interest. So we need a motion, uh, to reappoint Tam Bodkin Bryk to the Public Art Advisory Committee. Mims: So moved. Payne: Second. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 55 Hayek: Moved by Mims, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7-0. There are some vacancies, uh, that I want to announce. There are two vacancies on the Airport Zoning Board of Adjustment. One vacancy for a licensed electrician or someone else qualified by experience and training, uh, for the Board of Appeals, and another vacancy on the Board of Appeals, uh, for an HVAC or building design professional, or someone qualified by experience and training. There's also a vacancy on the Historic Preservation Commission for a Jefferson Street representative and we encourage people to apply for those spots. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 56 ITEM 18. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Hayek: Item 18 is another list of, uh, vacancies. Um, there is a vacancy on the Board of Adjustment and two vacancies on the Housing and Community Development Commission, along with one vacancy for the Human Rights Commission. Uh, applications for those, uh, spots that I just mentioned must be received by 5:00 on Wednesday, December 30''. And we have some new announcements, uh, vacancies on several commissions. There's a vacancy on the Airport Commission. A vacancy for a Brown Street representative on Historic Preservation. A vacancy for an at -large representative for the Historic Preservation Commission, and a vacancy for a Summit Street representative on the Historic Preservation. Lastly, there is a vacancy on the Telecommunications Commission. Applications for those spots must be received by 5:00 on Wednesday, January 27a'. Karr: Mr. Mayor, we also added late the Parks and Recreation Commission vacancy for an unexpired term. Hayek: Got it! So noted. Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 57 ITEM 20. CITY COUNCIL INFORMATION Hayek: Kingsley, we'll start down with you! Mims: Actually, if I can butt in for a minute (both talking) Um ... we have some ... I think everybody's gonna want to probably say a few things about our outgoing Members. I mean I know we gave you your p of you, um, before you all go. (laughter) So I think Geoff is ... (several talking) getting the plaques, um ... I'll let him present those if you'd like, Geoff, or hand them out. We have plaques for each ... a plaque for each of the outgoing Members. Urn ... obviously a thank you for your service, um, on the City Council. Matt, for your eight years, six years as Mayor, and Michelle Payne and Rick Dobyns, each for your four years. Um, personally, uh, just say what a pleasure, um, it has been to, uh, work with all of you and get to know all of you. Uh, Rick and Michelle.... well, Rick, I've known you forever (laughs) um, but Michelle over the last four years, um, and Matt over the last six, um, that I've been here on Council, and then in addition to the plaques, Marian has a print to show that each of you will get, um, of the Ashton House. (several talking) So she has a framed one to show you. Um, and so while I have the floor I will just, um, again say thank you. It's been a pleasure, uh, working with all three of you. I don't know if I've ever met three harder working or dedicated people. Um, it's a lot of time, it's a lot of effort, and you all gave your very best and worked hard. Um ... and you're good people! It's been a lot of fun. So I will miss you here on the Council. Um, don't be strangers! And uh, I'll see ya around town, but thank you very much for all your service. Hayek: Thank you very much! Throgmorton: I think I'd like to follow up on that. I ... I know we've disagreed about various things as time has gone on, but it's been a real pleasure getting to know both of you. Michelle, I don't think you and I had met before, uh, we started work on the Council, and you know, I really like you a lot and it's, you know, so I'll miss you in that sense, uh, so it's been a real treat workin' with ya, and Rick, I think we did meet before, uh, the Council stuff, but it's been a real pleasure working with you on various aspects of, uh, the Council stuff and ... and I'll just bet both of ya have good things to contribute as time goes on. Could I have one, uh... a few more words for Matt, cause I don't know, he's an outgoing Mayor and everything, you know, so ... I actually wrote something. There's a big surprise, so ... uh... Susan did a great job of deftly praising Matt for all his exploits from childhood on (laughter) Mims: You can thank staff for that! They wrote it! (laughter) I just read it! Throgmorton: Well, I know you delivered it pretty well! (laughs) But, uh, what I'm ... what I'm really aware of is that you've put your mind and heart to this service, in the service of the City for 13 years or more, I mean, I don't know how to really count all the stuff, but uh, with regard to the Task Force and the Commission and then being on the Council just as a Councilperson and then six years as Mayor. So This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 58 that's no mean feat and you've done it quite, uh, deftly, um, and ... I ... I want you to know that I feel like I've learned a great deal in watching you, uh, watching you run the meetings, watching you, uh, make presentations on behalf of the City, watching you make public statements on behalf of the City, uh, and uh... and otherwise perform the role of Mayor. So I ... I think, you know, you do that with great skill and ... for uh, people who are thinking about being Mayor in the future, whoever they might be, you know (laughter) you ... you really present kind of a daunting challenge. I ... I don't know that I can do this stuff with the kids anywhere near as well as you do. (laughs) Good grief, and then, uh, lots of other things of course. But, um ... I'm also aware you were elected at a very challenging time! You know, so I think about if...if I had the timing right here you were elected just a few months before the flood, a few months before the great recession, and I don't know what else, you know, and I guess this (can't hear) thing was part of your tenure as well but you're not responsible for it. Uh, so (both talking) Hayek: Certainly not the wind! (laughs) Throgmorton: You ... you (several talking) you played a major role in helping the City recover from the flood, rejuvenate our downtown, ensure that Iowa City's a great place to live, and much more. It ... and you obviously have many talents. So I really look forward to working with you in various ways in the future. You'll continue to make, uh, really significant contributions to this city as time goes on. Hayek: Thank you, Jim. Botchway: I guess I'll go next, um (laughter) you know, um ... I echo all the same thoughts (mumbled) and Jim, and um, I just want to focus on three particular things that kind of how I remember you by. Uh, I'll start with Rick. I think Rick was, um, the first time we met was, um, around you taking me to the University function, um, and kind of inviting me to the ... or with the Who's Who, kind of from a University standpoint, and you know, that meant a lot and it's just something that I, you know, consistently thought about as far as, you know, you reaching out and really making me feel like, you know, a Member of Council, being (mumbled) not only the newest Member, but you know a young Member as well, and so, uh, I just want to say I really appreciate that. It really meant a lot, you know, just spoke to how you... consistently have been, you know, kind of approachable and willing to work with anything, or anybody, in regards to a lot of the work that we've done. Uh, Michelle, I think the biggest thing I remember is, you know, our arguments about roundabouts. You know (laughter) every time (mumbled) round one (several talking and laughing) ...think about the fact that this is a good thing (laughs) um, and you know, you might not want to drive with me just because of, you know, some of my driving habits, but um, I'll try to figure out a way that we can, you know, work on, you know, kind of, uh, your roundabout, uh, fear, whatever the case may be! (laughs) But, uh, the last one (mumbled) Matt, um ... I think for, uh... me it was before Council, way before Council, when, uh, I initially, you know, applied for the Ad Hoc Diversity Committee and you gave me the call This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 59 and, um, I think I was ... yeah, I was at my apartment at the time, and I was driving, you know, right there on Mormon Trek, taking a left onto, uh, onto Highway 6 and you know, it...it impressed me then and um, you know, just kind of gettin' the call and talking to you and, you know, you, um, you asked me to be Chair and you know, me running back and talking about how excited I was, but um ... you kind of had, you know, tough shoes to fill from that standpoint, you know, from an admiration standpoint, you know, as far as hearing your voice over the phone and you telling me, uh, you know, you'd like me to be the Chair, and I think having (mumbled) from there, from that standpoint, and that standard that you set at that time and so I'm really appreciative of all the things you've done and hopeful to obviously talk with y'all, you know, um ... a bunch of different times and so there's no need to say good bye and all that awkward stuff and, uh (mumbled) Hayek: Thank you. (both talking) Thank you, Kingsley. Dickens: I kinda have the same notions about the roundabouts, but uh, I'm (laughter and several talking) Payne: As Kingsley or me? Dickens: As you (laughter) I'm going to try to protect your roundabouts as much as I can! (laughter) But, uh, I will try to read the minutes of everything a little more carefully and find one typo in every one just to honor you (laughter) Uh, Rick, it's, uh, first time or the closest I'm ever going to be to be called The Doctor so (laughter) us being confused wasn't the worst thing, so I really appreciate the friendship and all that and ... some day I'm going to grow up and be like Matt! (laughter) Payne: Well, I actually want to, uh, thank City staff, and not only the people that are here, uh, on a every other Tuesday night, but those people who indirectly, uh, put the information together that goes in our Information Packets to help us make the decisions. Um, I'd also like to say thank you to everybody on Council. Um, I think we have great com ... camaraderie, uh, amongst us and even when we don't agree on something, uh, we can still move on to the next item and discuss it, uh, as adults (laughs) and uh, make good decisions. Um, I'd also like to thank my family for putting up with, uh, all the work that it takes to be on City Council. Um, obviously I've been on Council for four years and prior to that I was on, uh, Board of Adjustments and Planning and Zoning, so I have been involved with the City for the last 10 years, and I certainly don't know what I'm going to do with all my free time! So, and um, one more thing, um, I'd like to thank the community for giving me the opportunity to represent you on the City Council. Dobyns: And I would like to follow up with saying thank you. It's been just one of the greatest honors of my life to be able to represent the people of the City of Iowa City. I was talking with the media earlier and they surprised me. I don't know This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 60 why ... about asking what were the issues I thought were most important to me, and really what happened was it wasn't the issues. It was the opportunity to represent the people of Iowa City when I came and talked to City staff. Because it was the people, and that's what I will always remember when the issues, uh, tend to melt away, is that when I went in and talked with the staff in private and I think I represented the City well. Sometimes I was stern, and sometimes I was amiable, but I was always very respectful of what all the City staff have done, and I will never forget their friendships. Thank you! Hayek: Well I'll close up here and I ... I too need to issue some thanks. Basically in the same order that you did, uh, Michelle. I want to thank this Council, all of you, um, and ... the Councils I served with from 2008, uh... uh, forward. Uh, Mike Bright drove down from Dubuque and he and I first started campaigning down at the Farmers Market in 2007, and neither of us really wanted to be there on a Saturday morning, but each of us was relieved to see the other, because then we could drink our coffee, uh... uh, together and suffer through it together (laughs) Um, I've ... I've been lucky to be part of really great Councils, uh, for all of my tenure. Um, and ... and that's important, and the... the... the collaboration and, um, and the ... the dialogue and the mutual respect between, uh, the City Councils that I've been a part of, um, has made all the difference. I think it sets Iowa City apart. Um, and, uh... as ... has led to, uh, important dialogue and important progress, um, but it has reflected well, I think, on our city. Uh, and I hope that will continue, because it's so important. As all of you know, that, uh, basic, um, mutual respect, um, is essential, so ... I thank Councilors past and present. I have to thank staff. Um ... uh, you ... you, Marian and Eleanor, you keep us out of trouble. I've worked so closely with you. Uh... um ... for ... for all of this time and ... and um, you are like family tome. And ... Tom, you and ... and Geoff and Simon and the others, um, have, uh, jumped in front of so many bullets and made things so smooth and been so supportive, um ... uh... the level of communication back and forth on an almost daily basis is ... is remarkable, and the responsiveness and the ... and the help, um, has made it possible for me, and for the others up here to ... to succeed on the Council, but we have an incredible staff at City Hall. Um, and ... and that's a reflection of the leadership that ... that's here, uh, that ... the staff leadership that's here. So, um, I'm ... I'm grateful for that, because it has made, uh, all the difference for me. I have to thank my wife who was here earlier with our three great kids. Um, when I first, uh, announced my candidacy, I had one child who was ... four months old. Um, and three kids came to the, uh, open house, um ... uh, tonight and I ... and I just remember, uh, how... it's... it's gotten easier as the kids got older but ... but in those early years it was really tough. I remember poignantly this, um, moment at our house where, uh, we had two kids in the bath tub and I had to hand ... the bathing off to my wife and rush down here to run a City Council meeting and I got here with like three minutes to spare and I still had soap suds on my ... on my hands and uh (laughs) that's when I decided that from that point forward I just needed to stay at work and then transition (laughter) and not cut it so close but my wife Mary Kate has been, uh, incredible, uh... uh, and ... and ... and um ... at a time when we were raising a family, so I'm grateful to her and like ... like This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 61 the rest of you, I'm grateful to the public, uh, for the opportunity to serve. Um, it is hard to juggle service on, um, on a ... on a local elected, uh, body like this. If you've got a family, if you've got, uh, work demands, uh, or ... or whatever, this is a ... this is a time -intensive, um, commitment, um, it basically doesn't pay. It's essentially volunteer and the ... and the obligations are not, um ... uh, consistent. Meetings constantly come up and ... and you're ... and so you have to have some flexibility. It is hard to do that, and I hope the public will appreciate what it takes for, uh, people to serve, uh, in local office because it's important (mumbled) that people run for local office. I'm proud of what we've done over the last, uh, few years. None of the things were mentioned, but ... but um ... uh, when you look back, uh, you ... you take, uh, take stock of what has occurred. How ... how many years have we had iPads? Uh, two years or four years? (several talking) Four? So, four years. I was loading my packets for tonight, and I haven't deleted a single one in the four years. Um ... uh, cause I don't know how to (laughter) uh... there are 650 packets on my Wad, over four years, and if you've served for eight years, basically I would double that, and ... and each packet, uh, can be short, but can also be hundreds and hundreds of pages long and you get a sense of the amount of work that ... that people who, uh, serve in this capacity have to ... have to do just to be ready for meetings. So, um, that's hard, but I ... we've ... I am proud of what we've done. Um, but I've always been part of a great team, both Councils and staff, um, that... that... that made that happen. Um, and ... and that's... that's the ... that's my biggest take -away. It's not even so much the issues or ... or the policy objectives, uh, it's ... it's the team I was a part of and that's what I'm goin� to miss. So ... um, I, uh, I ... I don't know, uh, what life will be like after January 4 for myself. I'm sure I will stay engaged in ... in some way, uh, I don't think I can completely, uh, walk away from City Hall and ... and not pay attention and not stay engaged in some way. Um, so I ... I'm not completely going away. Um ... uh, but I ... I love Iowa City, uh, I love this place, I love the people who, uh, are affiliated with it, and it's been a real honor. (mumbled) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015. Page 62 ITEM 21. REPORT ON ITEMS FROM CITY STAFF a) City Manager Markus: So is it my turn? (laughter) Hayek: Yes (laughter) Markus: So on behalf of staff, thanks to the three outgoing Members — Matt, Michelle, Rick. You know, I failed miserably, uh, because managers are supposed to keep this degree of separation between Council and the management, but I think we've all become friends in the process, and I'll cherish that and appreciate it. So thanks for your service. Appreciate it! Hayek: Geoff? Fruin: It's all been said. Just want to share that, um, very much admire and respect each of you, um ... I'm very proud of what you all have accomplished and what we've accomplished as a team, and uh, I'll very much cherish the relationships going forward, so thank you very much. b) City Attorney Hayek: City Attorney? Dilkes: I'll just really miss you a lot and um ... and I'm sure I'll see you, and I do want to say one thing for you, Matt, and that is it has just been a ... a wonderful experience to work with a lawyer who is ... appreciative of my expertise, but who is ... is as smart as you are and can engage on it and an issue, um, and problem solve like you can, it's just been, um, it's been ... it's been really, really great. Appreciate it! Karr: It's all been said and you'll be missed! Motion to adjourn? Dobyns: Motion to adjourn. Payne: Second. Dickens: Third! Hayek: (laughs) Moved by Dobyns, seconded by Payne. Discussion? All those in favor say aye. The ayes have it. We are adjourned. Thank you. Have a good evening. (bangs gavel) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of December 15, 2015.